Original subtitles

(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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