All language subtitles for Law and order S18E16 - Strike

(Male announcer)
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.

[Grunts]

I'll call you
after my shift.

I might have to go
to a strategy meeting.

You sound like
you enjoy all this.

[Scoffs]

[Inhales]

Just trying to make
the best of it.

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

[Chuckles]

All right, ladies,
let's make some noise!

Come on, one day longer,
one day stronger!

[All chanting]
One day longer,
one day stronger!

Hey, you're crossing
a picket line!

You know what that
makes you?

Huh?

One day longer,
one day stronger!

One day longer!

Two weeks ago, I loved
his enthusiasm.

Today, I wanna shoot him.

If you need a lawyer,
don't call
me.

I'm on strike.

They call this
the teamster crawl.

Frank, we talked about
blocking traffic.
[Honking]

Oh, and you think
we're gonna get a fair contract

singing kumbaya?

You're right.

Listen, administrators
started using

the delivery gate
in
back.

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

Now you're talkin'.

Picketer versus car.

Guess who won.

His union brothers
say it's frank dresner.

He's a paralegal.

Anybody see it happen?

Nah, he was working
this gate alone.

It's city legal aid
on strike.

We're lawyers,
not coal miners.

It's not supposed
to be like
this.

Was there anyone
that gave you guys grief?

There was this guy
in a black beemer.

Flipped us off
every time he drove by.

Frank got into it with him
a couple of times.

I have his picture
on my
phone.

Find me that picture.
Don't leave.

What do you have?

Skid marks here.

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

Oh, those legal aid bozos
probably screwed with it.

Bunch of jerks.

That's why I don't
like strikes.

It's safer to stay
on the job.

(Bernard)
Here we go.

(Bernard)
Ooh.

Looks like someone skipped
their anger-management class.

(Bernard)
What's he doing?

Great. Nice to have the victim
pooch the investigation

of his own murder.

I'm a process server.

I'm on the clock
non-stop.

And these lazy bums...

Anyway, I just bumped him.

I had no intent to hit him.

Why? He saying I did?

He's not saying much
of anything.

I-I told you,
I barely tapped him.

Yep.

This is what
he looked like

ten minutes
after you tapped him.

I didn't do that.

Hey, this front tire's
brand new.

What happened
to the old?

I drove over some nails
yesterday

going into the courthouse.

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

[Alarm chirps]

Okay, I make out three
in the tread

and one in the sidewall.

The guards told me
some of the picketers

put down a bunch
of nails yesterday.

See?
You believe that crap?

Still have to impound
your car, mr. Matthews.

How am I gonna do
my job?

Get a bike.

And don't hit anybody.

If mr. Dresner had been
hit by a beemer,

he would have gone
over the hood

and through
the windshield.

He ran into
something bigger.

But judging from the height
of the bruises

on his thighs,

it's probably an suv
or a pickup.

What is this crud
in his wounds?

Automotive grease
and sand.

Sand?
What kind of sand?

Sand-sand.

I'll find out.

I learned
in the middle east

there are more than
31 flavors of sand.

Hmm.
[Cell phone ringing]

Dresner's wife
is
here.

[Sniffling]

He was so into the strike.

Organizing, calling people
on the phone.

Yeah, everybody said
he was fired up.

Frank didn't want to go
on strike.

But the city wants
to cut health care

and the cost
of living adjustment.

It's just not right.

You get
no argument here.

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

Yeah, he called me.

He said he was having
a good
day.

He even sent me a picture
he took of
himself.

Can we see?

Frank worked hard
to become a paralegal.

It was a big step up
for him.

Here.

(Frank)
I'm a one-man picket line,
baby.

Turns out these skids marks
are yaw marks,

left when the vehicle swerved
after impact.

Well, I don't see
any other marks.

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

Will you print out
that picture of dresner?

Yeah.
What's up?

The sand in his wounds,

it's clean hard quartz
angular sand.

Golf course.

Right, the lab says
it's the kind of sand

they use for golf courses.

Angular sand,

so it grips the ball
when it lands in the trap.

Bunker.
It's called the bunker.

So the vehicle
that hit dresner

may have spent some time
on a golf course.

Like a groundskeeper's truck?

Yeah.
Something like that.

Sticking out of the back.

Those can be shovels,
rakes, gardening tools.

(Bernard)
Can't make out
the license plate.

Check the security cameras
in the area.

Okay.

Picketing is pretty rough
on these lawyers.

They spend
most of the time snacking

and taking pictures
of each other.

Hmm.

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

You know,
what's not to like?

The union dues,
strikes,

corrupt union bosses.

The alternative's
a lot worse.

I don't know about that.

Let's take this crumb,
for instance.

All right?
Let's say that's you.

And this soda can,
that's management.

Say you got a beef.

What happens?

But if you put all us
crumbs
together...

We got something.

The union didn't do squat
for my partner

when he got jammed up.

Ex-partner.

Hmm.

Come on, right there.

Yeah, I see it.

Suffolk county parks golf.

Could be one of mine.

They all look alike.

Are all your trucks
here?

A couple are out
in the field,

some are at the county garage
for maintenance.

So...what kind of accident
was this guy involved in?

He hit a parked car,

so he's gonna have
some front-end damage

on his truck.

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

Any of the groundskeepers
take the trucks home at night?

It depends.

If they had to pick up
supplies in the morning

on the way in...

Mind if we look around?

Free country.

Thanks.

Just so you know that,
in golf,

they're called greensmen.

Not groundskeepers.

All right, thank you,
tiger woods.

Be right back.

Whoo!

Sure is hot out here today,
huh, fellas?

How you fellas doing?

My, my, my.

Look at these antiques.

May I?

You guys ever play a round
after hours?

Oh, we sneak one in
every now and then.

I bet you're
real good, huh?

Come on,
don't be modest, man.

What's your handicap?

My swing.

[Laughs]

I guess I should have
saw that one coming.

Hey, thanks, guys.

Let's get back
to the house.

I got something
I wanna show you.

Ted sanderson.

He did nine years
for killing his wife,

until dna evidence
cleared him last year.

The d.a. said
he bashed her head in.

He said he came home
and found her that way.

Turns out dna under her
fingernails

didn't match his.

Sanderson was tried
in the same courthouse

where dresner was killed.

Did dresner have anything
to do with the trial?

No.

But sanderson does drive
a white suffolk county truck.

Hmm.

Okay, take a closer look
at him.

But--but go easy.

I don't want this looking
like harassment

over his exoneration.

[Car doors slamming]

Mr. Sanderson.

Yeah?

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

Why mine?

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

Should I...Stay here,

or do you want me
to step back?

Uh, there is fine.

We know all about
the, um, the bad break.

What happened?

It looks like somebody
tried to hammer out a dent.

I don't know.

It was like that
when they gave
me the truck.

And the undercarriage?

It's been steam cleaned.

The boss likes us
to keep 'em clean.

This is the best job
I've had since I got out.

I don't wanna screw this up.

I hear that.

Day before yesterday,

where were you around 8:30
in the morning?

Heading to work.

They said you showed up
at quarter of ten.

I got a late start.

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

Around the courthouse?

No. I never wanna go
near that place again.

Hmm.

You have a nail
in your tire.

Didn't puncture it.
It's just stuck in the...Tread.

See, the thing
about this nail

is it's the exact kind
of nail

that the picketers
tossed on the street

around the courthouse.

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

Yeah, okay.

You mean tuesday, right?

Hmm.

I took a wrong turn
off the gowanus

and ended up
on the bridge into the city.

I got mixed up.

Let's do this.

We have a nice, big map
back at the precinct.

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

Yeah, I'll call a tow truck
for his pickup.

Hey, it's bernard.

We need a tow.
1533.

A white suffolk county truck.

Maybe they didn't
cover this in I.A.B,

but you should have
left that nail in the tire

where you found it.

Who said I found it there?

This is from the beemer.

And it makes one handy
lie detect

brooklyn bridge,

that first left

would have put you
onto park row.

Not centre street.
See?

I was just trying to get
on the bridge.

Can I go home now?

You don't wanna help us
anymore?

I didn't say that.

I just...

I don't like being in here.

Mm, people usually don't.

I spent nine years
of my life

in a room like this
for something I didn't do.

Matter of opinion.

I didn't kill my wife.

The dna proved it.

I loved my wife.

Wasn't your wife...
Having an affair?

Julie ended it.
We were reconciling.

You lost nine years
of your life...

For a wrongful conviction.

And if it were me,
I'd look for payback.

Isn't that why you went
to the courthouse?

I didn't mean to go there.

That's right.
You got lost.

Driving around with your rakes
and your
shovels

and the .38 we found
in your toolbox.

It's just for protection.

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

That's why I need that.

Yeah, but you know
what I think?

I think you went
to that courthouse

to shoot the place up.
No!

I do, and I think dresner
recognized your
face

from the tv
or the newspapers,

or he recognized
that look in your eye,

and he tried to stop you.

And you ran him over!

You didn't mean to,
but you
did.

No, I didn't kill anybody!

I was innocent,
and you guys put me in jail,

and now you're trying
to do it again!

I'm not talking
to you anymore!

Just leave me alone!

Looks like dresner
prevented a bloodbath

at the courthouse.

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

Book sanderson
on the gun charge

and get a search warrant
for his house.

And talk to the people

who tried him
ten years ago.

See if they've received
any
threats.

Nine years ago, judge,

you gave him
the maximum sentence.

Yes.

And now the governor
is considering a full pardon

on my recommendation.

(Lupo)
Maybe sanderson was angry
at somebody else.

The prosecutor or the lab

that messed up
the original dna test.

The prosecutor
passed away three years ago.

And, for the record,

the scientific evidence
admitted in my
court

was the best available

given the technology
at the time.

So maybe they did get it right
the first time.

The new test
conclusively found

a genetic marker
for cystic fibrosis

in the sample under
mrs. Sanderson's fingernails.

Neither mr. Sanderson
nor his late wife

had the disease.

Where's mr. Sanderson now?

He's awaiting arraignment.

We found a pistol
in his toolbox.

With legal aid on strike,

arraignments are running days
behind
schedule.

That doesn't seem fair
to mr. Sanderson.

After nine years,
he can probably handle

a few more days
in central booking.

Detective, I don't like
your attitude.

It leads me to believe

there's harassment
going on here.

I'm recommending
that mr. Sanderson is released

r.o.r., immediately.

No weapons,
no extra ammo.

No screeds avenging
the injustices he suffered.

Doesn't look like
he was planning to go columbine

in the courthouse.

Okay, thanks, cormack.

Well, sanderson's
not out for revenge

because he knows
his conviction was righteous.

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

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

Right. And sometimes
people get away with murder.

Can I go in?

Yeah, sure.
We're done.

Maybe his target was outside
the courthouse after all.

I never heard frank
talk about him.

And frank liked to brag.

If he knew somebody
in the
news,

like this sanderson guy,
he'd have said so.

Okay if we check
frank's address book?

Help yourself.

It's in that pile.

Out with the old, huh?

I'm not one to mope.

Was everything okay
between you and frank?

(Lila)
He liked things done
his way.

Frank have asthma?

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

But he had problems
with his breathing.

It was too bad.

He used to swim
and scuba dive a lot.

He had to cut back.

He have any other problems?

His digestion.

It all started
about a year ago.

He was supposed to get
more tests done next month.

Pulmonary
and intestinal problems

often indicate
cystic fibrosis.

Dresner could have had
a form of the disease

that doesn't manifest
until adulthood.

At sanderson's trial,
there was evidence

that julie sanderson
was a regular at their pool

at the local y.

Guess who else
was a member there.

Frank dresner.

Mm-hmm.

Sanderson said his wife
had an affair.

Maybe it was with dresner.

We need to compare
dresner's dna

to the dna under
mrs. Sanderson's fingernails.

I'll get
the tissue samples ready.

Positive match.
It's dresner's dna.

Sanderson's wife
must have scratched him

when she was
struggling with him.

If sanderson thought
dresner killed his wife,

why didn't he just
call the
police?

Why kill him?

Unless he only
suspected dresner

of having been
his wife's lover.

Either way, we now
have
motive.

I'll prepare
the arrest warrant.

Better tell the governor
to hold off.

Wouldn't look right...

To arrest a man
he just pardoned.

I can't believe this.

It's happening
all over again.

I can't believe it.

Believe it, my brother.

But I'm innocent.

I'm innocent!

I'm innocent!

They heard you
the first time, ted.

,
people v. Sanderson,

murder in the second degree.

Mr. Sanderson,
do you have a lawyer?

No, sir.

Legal aid
handled my appeal,

and I can't afford
a regular lawyer.

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

The court officers
are telling me

they're stacked up
ten deep back there.

This has gotta stop.

Ms. Rubirosa.

Since legal aid
is still on strike,

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

You want me to represent
mr. Sanderson?

For his arraignment,
if you would.

Uh, judge, I'm not sure
that's permissible.

If mr. Sanderson
doesn't object.

Mr. Sanderson...

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

I don't wanna go back.

You have yourself
a client, counselor.

Let's get a plea.

[Whispering inaudibly]

Um, not guilty,
your honor.

People on bail.

Uh, defendant has
weak community ties and--

your honor,
ten years ago,

mr. Sanderson appeared
every day at a
trial

for a crime he was later
exonerated of.

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

Good.
Bail set at 100,000.

I want you to know
from the start,

i didn't do it.

It's just like ten years ago.

It looked bad, but--

mr. Sanderson,
I'm not your lawyer.

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

But I thought--
an attorney will be
assigned to you.

Just hang tight.

100,000 for murder two.
I'm impressed.

Ah, the judge
was in a hurry.

Sore loser.

Count yourself lucky

she didn't file a motion
to dismiss.

I'm not that cocky.

Actually, our case
against sanderson

is in pretty good shape.

Yep--motive,
damage to his truck,

and a security tape of his truck
at the scene.

I thought you said you couldn't
identify his truck

from the tape.
[Cell phone beeps]

Well, we have
his own admission

that he was at the courthouse
that morning.

Sanderson filed
some sort of motion.

It involves you.

You're my lawyer,
ms. Rubirosa.

No, I'm not.

Address yourselves to me.

Your honor,
there's a case...

People v. Richardson--

yes, richardson says
that a defense attorney

can't resign
without the client's consent.

But that doesn't apply here,

because ms. Rubirosa
isn't his attorney.

She was, so legally
she still is,

unless I fire her.

Right, judge?

(Rubirosa)
Your honor, I was appointed

as mr. Sanderson's counsel

only for the purposes
of his arraignment

to satisfy due process.

Well, I'm thinking
of due process now.

Thanks to the strike,
the appellate division

calculates a six-week wait time
for assigned counsel.

Your honor, ms. Rubirosa
has been the riding a.D.A.

On this case
since its inception.

Assigning her
to the defense now

gives the defendant
an unfair advantage.

Why?

Is ms. Rubirosa privy
to information

that she otherwise
wouldn't have access to

as a defense attorney?

Your honor,
as a matter of fact,

we do have--
your honor...

In truth, no.

Everything
I know about this case

would be discoverable
to any defense attorney.

Fine. Mr. Sanderson,
your motion's granted.

Ms. Rubirosa will remain
as your attorney.

[Pounds gavel]

Thanks, I just--

i don't want you perjuring
yourself on my account.

Hope you don't live
to regret this, mr. Sanderson.

I know you think
I killed dresner.

When I was on trial
for julie's murder,

my lawyer
didn't believe me, either.

But he was wrong.
Everybody was.

And they're all wrong now.

You don't have to convince me
of anything, mr.
sanderson.

Just don't lie to me.

Okay.

But please call me ted.

I need some information
from you.

What do you know
about frank dresner?

Lying includes
withholding information.

[Sighs]

I know he had an affair
with julie.

How long had you known?

Julie never told me
who she had her affair with.

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

Then, when I got out,

i found
some of her old papers.

I figured out it was dresner.

What else did you
find out about him?

Where he lived,
his job.

He had a family.

Did you know he had
cystic
fibrosis?

No.

The skin under
your wife's fingernails,

the police matched it
to
dresner.

He killed her?

If you didn't know,

why did you go
to the courthouse?

I was following dresner.

I needed to see the man
julie was with.

I can't tell you why.
I just did.

But I didn't kill him!

Well, it's gonna be very hard
to convince a jury of
that.

Considering you admitted
to being at the courthouse

the morning he was killed.

But I wasn't there then.

When I told the police,
I was confused.

They said they found
a nail in my tire.

Mr. Sanderson--
listen to me, please.

Yes, I followed dresner.

But not that morning.

It was three days before.

I got...Mixed up.

The fact is,
you made that statement.

It's a problem.

Then there's
the repairs to your truck.

But I can explain that.

I hit a dog.

In staten island.

I stopped at a bar
after work.

I had a few drinks.

Then on the way home...

I hit this dog.

On manor road.

On the turn just
before richmond road.

Did you report it?

[Laughs]
Report what?

That I was drinking
and driving

in the company truck?

I like my job,
ms. Rubirosa.

All right, mr. Sanderson.

Ted.

I, uh, I'm gonna
get to work on this.

Thank you.

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

[Keys jingling]

[Whispering]
Hit a dog!

The police pretended to find
a nail from the crime scene

in the tire of his truck.

On that basis,

mr. Sanderson's statement
should be suppressed.

People v. Cordova.

In pursuit
of a confession ,

the police can tell
a suspect they have his prints,

his blood,
or any evidence,

whether it's true
or
not.

Ms. Rubirosa knows this.

She's made the same argument
herself many times.

Detective bernard didn't
just tell my client

he found a nail
in the
tire.

He actually
planted one there.

It was a prop.
A part of the deception.

That's not what
detective bernard's report says.

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

The police are not required

to say how the statement
was obtained

other than it was voluntary.

I'll go further,
your honor.

There is nothing
in the record

that prevents
detective bernard

from submitting that nail
as evidence against my client.

If ms. Rubirosa
is actually implying

that the police would
use the nail as evidence

that her client
was at the crime scene,

that is outrageous.

The conduct is outrageous.

It was tantamount
to planting evidence.

It's the kind
of egregious conduct

that shocks the conscience

and demands punitive action--

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

Your honor, please--
enough.

I'm convinced.

Sanderson's statement is out.

You pretty much
accused me

of planting evidence.

Don't sweat it,
bernard.

She's just
doing her job.

Which, these days,
includes defending murderers.

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

I'll talk to them.

And don't for a minute
imagine winning that motion

gutted my case.

Yeah, I-I know
it didn't.

But this will.

Animal control
recovered a dead dog

off a road
in staten island.

A dog that sanderson
ran over.

That's how he damaged
his
truck.

It doesn't change
the underlying facts, connie.

You know he killed dresner.

Well, as jack always says,

I only know
what I can prove in court.

You sure this is
absolutely everything?

All the video
from every camera

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

Down the street,

is there still that bank
across from the park?

Uh-huh.

Ms. Rubirosa.

I'm mr. Caldwell,
the branch manager.

I understand
you want to see some tapes

from our security cameras.

Yes, just
from your outside camera.

With this date and time.

And...you're some kind
of lawyer?

I'm from
the district attorney's office.

Let me show you my badge.

You know, not that i'd
ever admit it to her, but...

She eviscerated my case.

It's to be expected.

Connie was trained
by the
best.

[Scoffs]

Well, if she ever decides
to switch sides permanently,

we're in big trouble.

You know, this is odd.

There's an item
in connie's discovery index,

evidence she gathered

two days before she got
the subpoena for it.

Neat trick.

Ms. Rubirosa obtained
a security tape from a bank.

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

The tape is protected
by attorney-client privilege.

Even if it was,
the fact it was obtained

without a proper subpoena

renders the issue moot.

How did you get this tape,
ms. Rubirosa?

You wanna tell him,
or should I?

I identified myself
to the bank manager

as an assistant
district attorney.

But you were functioning

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

Yes, your honor--

according
to this affidavit,

once ms. Rubirosa
flashed her badge,

the branch manager
believed she was working

for the district attorney

and felt obligated
to fulfill her request.

Her egregious conduct
so shocks the conscience

as to negate any claim
of privilege.

Your honor, the tape
was obtained as a result

of a privileged conversation
with my client.

Sanction me,
if you have to,

but...don't penalize
my client.

I don't like your deception

any more than I like
the police's.

The tape will be turned over
to mr. Cutter.

Seems the paddle
spanks both ways.

You'll have the tape
this afternoon.

This was three days
before dresner was run over.

Looking down the block
from the bank to the courthouse.

There are the picketers.

There's sanderson's
truck.

This is what rubirosa
didn't want us to see.

Sanderson stalking dresner.

Can you zoom in
on dresner?

Fast forward,
see what he does?

Yeah, okay.
Regular speed.

Dresner using his inhaler.

Sanderson saw it.

Maybe he figured out
dresner had cystic fibrosis.

And that dresner
killed his wife.

No wonder connie
tried to bury this.

Well...she didn't
try hard enough.

We're back in business.

Years.

That's the offer,
and only because

he's already banked nine years
for a crime he didn't do.

The tape
doesn't prove anything.

It proves your client
saw dresner use an inhaler.

He had reason to suspect
he had cystic fibrosis

and killed his wife.

Even if he could read
the label on the inhaler,

the tape doesn't prove

that he knew dresner's
medical condition.

And if I hear you
suggest as much to the jury,

i will move for a mistrial

faster than you can say
johnnie
cochran.

I don't have to suggest
anything.

The jury can infer it
from the tape.

You can't bully us.

Ted.

Can you give us
a minute?

[Door buzzes open and shut]

So when were you
gonna tell me?

I knew from the minute
I saw that tape

that you lied to me.

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

I can't take a plea.

I can't go back to jail.

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

Okay.

Okay.

After my appeal,

when they said julie's killer
had cystic
fibrosis,

i read all I could
about the disease.

When I saw dresner
using an inhaler,

i knew it had to be him.

I couldn't stop thinking

he stole julie from me.

He stole nine years
from my life.

He ruined everything.

When I saw him
behind the courthouse,

by himself,
so cocky and arrogant,

i couldn't take it.

I just...

I just smashed him.

And your story
about the dog?

I found a dead dog
near the golf course.

I took it to staten island.
I didn't kill a
dog.

I'm not that kind of person,
ms. Rubirosa.

I won't make it...

If I go back to prison.

[Door buzzes open]

No deal.

You're being unrealistic.

The system owes him
a defense,
mike.

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

How is it working
for the dark side, connie?

Is that how you see it?

Us versus them?

Ms. Rubirosa
is conducting herself

within the bounds
of the canon of ethics.

And zealously
representing her client...

To the best
of her abilities.

That's what
she's expected to do...

Whether that client
is a criminal defendant

or the people
of the state of new york.

And if I hear any more crap
from any of you,

you'll all be
working traffic court

for the next five years.

(Bernard)
Detective lupo and I assisted
the photographic unit

in taking pictures

from where mr. Sanderson's
truck was parked

so we could recreate
mr. Sanderson's point of view.

(Cutter)
And what, if anything,
did you observe?

(Bernard)
Well, from sanderson's
point of view,

we had an unobstructed view

of the pedestrians in front
of the courthouse.

With the naked eye,
I could clearly identify

the objects in their hands.

What kind of objects?

Well, as the pictures
indicate, uh,

a set of keys,
a cell phone, an inhaler.

And what, if any,
conclusion did you draw?

I concluded
that if someone

was sitting in a vehicle
at that location,

they would have seen
the victim, mr. Dresner,

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

to use it.

Thank you.

Your witness.

Detective bernard,

what kind of lenses
were used

to take those photos?

Objection.

Detective bernard
is not an expert

on photographic equipment.

He just testified that he
assisted the photographic unit.

I can certainly
ask him what he knows

about the making
of these photos.

Overruled.
Answer her question.

I don't know

what kind of lenses.

Do you know what
a telephoto lens is?

Yes.

It's a lens that makes
faraway
objects

appear closer.

Isn't that right?

Yes.

Did the photographic unit
use a telephoto
lens

when they took that photo?

[Scoffs]
No.

You just testified
you didn't
know

what kind of lenses
were used

to take those photos.

So which is it?

Do you, or do you
not know?

I don't...Know.

Then it's possible
that a telephoto lens

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

more easily identifiable.

Isn't that right?

They wouldn't do that.

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

I wouldn't ask.

I don't tamper with evidence.

No? Didn't you plant evidence
on my client's truck?

A nail from
the crime scene?

That wasn't evidence!

What was it then,
a
trick?

Objection.

Overruled.
Answer her, detective.

Sure.

It was a trick.

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

(Bernard)
That's not true.

Maybe it suited you
to fabricate these photos

to mislead the jury.

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

Sanderson saw dresner
use the inhaler.

He knew he had the disease!

Your honor, I move
for a mistrial!

In my chambers.

Detective bernard
voiced his opinion

about what my client knew.

It's tantamount
to calling him guilty.

And, coming from
a police officer,

it's both damning
and improper,

and it violates
the basic rules of evidence.

Your honor,
she posed the question.

She's bound by
detective bernard's response.

I asked him
if he fabricated evidence,

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

How can I cross-examine
an opinion?

I agree, ms. Rubirosa,

but I am not inclined
to grant a mistrial.

I'll strike
detective bernard's testimony

and instruct the jury
to disregard
it.

It's not enough.

The tape is tainted

by detective bernard's
opinion

that it proves
my client's guilt.

Your honor, a jury
instruction will suffice.

Every time the jury
sees that tape,

they will take it to mean

exactly what he told them
it meant.

It must be excluded.

You make a very compelling
argument, ms. Rubirosa.

I'll render my decision
when court reconvenes tomorrow.

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

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

And he's pragmatic--
he'll want to cut his losses.

You mean a plea bargain?

I'd still go back to prison?

Well, mr. Cutter
is also reasonable.

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

Don't get your hopes up,

but he might agree
to probation.

Probation.

[Sighs]

It just
doesn't seem possible.

I could get away from here.

Go sit on a beach.

A beach would be nice.

I know this place
off
belize.

Turneffe island.

They got
this amazing fan coral.

You said
you'd fight for me.

You kept your word.

Thank you.

[Printer humming]

Dive buddies.

You gave mike
a good whupping today.

You had the benefit

of detective bernard's
inexperience

as an expert witness.

I'm sorry,
I don't mean

to interrupt
your train of thought.

Anyway,
good luck tomorrow.

Jack...

What do you do if--
if you know something,

a terrible thing
that you don't wanna know

because there's nothing
that you can do about it?

You--you can't even talk
about it.

Because this terrible thing,

it's protected
by attorney-client privilege?

One question.

When this case is over,

the governor will sign
sanderson's pardon

for his wife's murder.

Is that a problem for you?

I think
that was an answer.

I don't know what to do.

Connie, every lawyer
goes to his or her grave

with the most horrible
secrets.

It comes with the job.

What do I do?

Follow the law.

Upon review,
I've concluded that,

although this was
a very close issue,

on balance, suppression
of the tape is unwarranted.

Your motion's denied,
ms. Rubirosa.

And we'll reconvene
this afternoon.

Thank you,
your honor.

Even with the tape
back in,

your cross-examination
of detective bernard

really hurt my case
with the jury.

My offer's back
on the table:

Vehicular homicide,
8 1/3 to 25 years.

I'll talk to my client.

Talk fast.

The offer's only good
till this
afternoon.

I told you
not to get your hopes up.

What do we do now?

We fight it!

We go back to trial,
right?

Or we take the d.a.'s
plea
offer.

Eight more years in prison?

Counting the nine
you've already served,

17 years isn't bad
for two
murders.

Two murders?

I have a theory.

Your wife had an affair.

But not with dresner--
with somebody
else.

You thought
she might leave you,

and got angry.

So you called
your old buddy frank.

What?

What are you
talking about?

Your old diving buddy frank.

The frank you met
in a diving class.

He killed your wife
for
you,

but in one of life's
little ironies,

you were convicted
on faulty evidence.

And once that conviction
was overturned,

you got in touch
with frank.

You're wrong.

You found out he was
about to get tested

for cystic fibrosis.

A genetic test that might
bring him to the attention

of the police,
who are still looking

for an unknown murder suspect
with a special
disease.

Ms. Rubirosa,
it's not true.

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

So you killed him.

Like I said,
it's a theory.

One that will remain
between you and me,

protected by
the attorney-client privilege.

But you believe it?

That's why you want me
to take a deal

and go back to jail?

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

And if I don't take it?

Then we will go
back to trial.

And you tank the case.

You're gonna sell me out

'cause you think that...

I know how you people work.

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

I am your lawyer,
now, same as then,

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

I will argue your case
to the jury without reservation.

That is what
I'm sworn to do.

Now, you can take this plea...

Or you can take your chances
with the jury.

You know how that can go.

It's up to you.

Sanderson took the plea.

Couldn't have been easy
for him

to choose to go back
to prison.

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

Kudos to her
for winning his trust.

I recommended to sanderson
he take the deal.

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

would your recommendation
have been any different?

I'd like to think not.

I'd like to think,
either
way,

i zealously represented
his interests.

I know you did.

I gotta go.

I'm taking detective bernard
for a beer.

Good.

Oh, look.

And not a moment too soon.

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at captionmax
www.Captionmax.Com