Original subtitles

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.

I wanted to tell you in person.

The answer's no. I'm not helping you.

There could be a lot of money in it for you. There isn't enough money...

You lied to me.

You said you were on my side, and you lied.

I'm going to tell the truth.

After all these years you can...

I will bring more napkins.

Looks like two in the back of the head.

I've got powder residue and stippling, so close range.

A round of .22 shell casings,

maybe we got a pro at work.

No wallet.

Broken strap from a shoulder bag.

Check out my man's fingers.

Whoa. Reminds me of this bare-knuckle boxer I used to watch at Coney Island.

The guy used to hammer nails up his nose too. He was, like, my hero.

When I was 12, all right?

Hey.

You're the gentleman that found the victim?

Yes. Eric Beardsley. I live around the corner.

Okay.

What happened, Mr. Beardsley?

I'm crossing the street. So, Bruno, the Weimaraner

decides he wants to root around in the trash.

That's when I hear two shots.

I hit the ground, the dogs start barking...

Oh, they like you.

They like my dog.

So did you see anything, Mr. Beardsley?

Someone running through the park.

Running from where?

I don't know where they came from. They just ran back toward the street.

Man, woman, tall, short?

I was ducking and covering.

All I could make out was this blur.

If Bruno hadn't stopped, I would have been...

Yeah. You'll be all right.

A hit on a John Doe, eyeballed by six dogs and a guy who saw a blur.

A groundball, Lupes, a groundball.

I count 29 breaks in the fingers.

Oldest is about six years,

This one here is about a year old.

Bernard.

He also had scars up and down his back roughly the same vintage.

Guy was living the good life.

We got a hit on our John Doe's prints off an old DWI.

Name, Alex Boone,

last known address dates back to 2002.

About the time he started getting his fingers broken.

Then nothing, he just falls off the radar, until two months ago.

He, uh, registered a loan-out company.

Business address is on Houston.

Can't tell you much about Mr. Boone. Writer, kept to himself.

What'd he write?

Nothing that made any money or he wouldn't have been staying here.

Right.

You notice anything unusual about him the last few days?

No. Mr. Boone was Mr. Usual.

Showered in the hall bathroom same time every day.

All right, thank you.

No notes,

computer cord but no computer.

Books in Chinese.

Hey, he was hunkering down for the winter.

Hoards food, regimented routine.

Had a serious case of institutionalization.

But no record he was ever in prison.

Wine from the Sino-American Institute on 48th.

He was here last night, at the art opening.

I see him argue with other man.

The other man throw a glass of wine in his face.

What'd this other man look like?

Young, white, dark hair.

He was a typical American.

What was he wearing, Ms. Kang?

Jeans, gray sweatshirt.

It say, uh, "Concordia City" right here.

The opening last night, was it by invitation only?

Yes, but we take walk-ins if they look okay.

We'll take a list of the invitees.

Thank you.

Everybody looks happy.

Well, that's why they call it propaganda.

Books in Chinese, the interest in Chinese revolution art.

Boone's missing years?

Maybe he spent them in China.

A Concordia City College sweatshirt.

That's not much to go on.

Everyone on the invitation list is spoken for.

He was a walk-in.

Well, have you spoken to any of Mr. Boone's friends or colleagues?

If we could find one.

His address book was probably in his stolen bag.

Plus, he doesn't have a phone in his name.

Okay, we got a hit on the passport trace.

Boone left the country in December of '01 for China. He landed in Shanghai.

He didn't come home until June of '08.

Was he in China on a work visa?

There's no record of it.

Well, China's not the kind of place where

a foreigner can hang out without papers.

Boone's institutional behavior, his broken fingers...

If he wasn't in an American prison...

Maybe he was in a Chinese one.

If so, he must've had a stateside attorney.

Check with the international legal aid organizations.

Alex Boone, arrested March '02

in Guangzhou, Southern China.

State Department referred his case to us.

What was he arrested for?

Officially, espionage.

Unofficially,

he wrote a freelance web piece on people displaced by

the Three Gorges Dam that Beijing didn't appreciate.

It says here he was sentenced to life, but then released early.

Just before the Beijing Olympics.

A Chinese goodwill gesture.

You hear from him since?

A few times.

Poor guy wanted us to sue the Chinese government.

Said he owed it to his wife for the time they lost.

He was married?

Last I heard separated.

You don't by chance have his wife's address, do you?

She must've left sometime last night.

I woke up to find a note under my door

asking me to water her plants.

Looks like she left in a hurry.

Is that Mrs. Boone?

Yeah, yeah. Goes by the name of Lisa.

Recognize anyone?

Liu Kang, the lady at the museum.

Must've slipped her mind the dead guy we were asking about

was her estranged husband.

You talk to her yesterday?

Sure. You know, I think she got scared

when I told her about the skip tracer.

The skip tracer? What skip tracer?

Well, yesterday afternoon, this guy keeps buzzing her apartment.

What did he look like?

Well, from four floors up, a balding white guy,

black jacket and tie, moustache.

Hustles down the block, jumps into a black town car.

I tell Mrs. Boone about him, she starts babbling in Chinese.

Does she have any relatives in the area?

A cousin in Hackensack, always sends her these Chinese herbs.

Stink like you wouldn't believe.

I do nothing wrong.

Lying to us, running away to your cousin's house,

that tells us that maybe you had something to do with your husband's murder.

I did not kill Alex.

Then maybe you know who did.

No one's going to kill you. We can protect you.

But you have to tell the truth, you understand?

Who killed your husband?

Chinese government.

I waited for Alex.

He stay in prison for six years,

then we come here, we get married.

Try to build a new life.

Something happened.

Alex was a different man, always angry.

He could not get a writing job.

We decide it's better if he move out.

He came to see you at the art show?

I invite him. We try to be friends.

But he argue with this man. I don't know why.

Alex wanted to talk to me,

so we make a plan to meet in the morning.

The morning he got shot?

Yes.

I miss the subway so I'm late.

I see Alex on the ground.

I see a man above him with a gun.

He look up at me and I run.

I was scared he was going to hurt me.

What did the man look like?

White,

moustache,

a black coat.

A white man.

But you believe the Chinese government killed Alex.

He was writing a book about China.

He always talk about revenge.

I tell him it's no good, the Chinese government is very strong.

They killed him.

They will kill me, too.

Boone's computer was stolen,

which supports the idea that he was working on something someone didn't like.

Like an expose of Chinese prison conditions.

That's hardly new news.

Well, we can figure out the "why" later.

Let's work on the "who". A man with a mustache.

Dark suit, tie, drives a town car.

He could be a livery driver.

Reach out to the car services.

See who worked yesterday, and then look into which drivers have records.

My hunch is anyone who commits a robbery-homicide in broad daylight

has been in the system.

Let's do it.

Come here. We want to talk to you.

Uh, sure thing.

Keep your hands where we can see them.

Hey, hey, hey, hey! Gun!

Bad cough.

I'll call it in.

The Department cleared the shooting. You can start breathing again.

You two were supposed to sit tight.

I gather from this mess you ignored that instruction.

We never left our desks, LT.

Tell me what we have.

Late limo driver, Mike Adams.

In and out of the joint the last 20 years

mostly behind burglaries and assaults.

Ballistics matched his.22 to the slugs in Boone.

Hmm. And Boone's computer?

It's still missing. But we checked Adams' cell phone records.

The day before he whacked Boone,

we have an outbound to one David Sutton in Morningside Heights.

Sutton's number comes back to Concordia City College student housing.

The guy Boone was arguing with at the art show

was wearing a Concordia City College sweatshirt.

The kind of coincidences I like.

Get with him. And excuse me.

Only four of your rounds hit Mr. Adams.

One of you needs more time on the range.

I'm a third year grad student in poly sci.

When cash runs short I shop the old baseball card collection online.

That's all this Mikey wanted, was your baseball cards?

Yeah. He said he was interested in my Jeter and a rookie-year Munson.

I quoted him a price, he said he would hit me back. But he never did.

Where were you Thursday night, David?

I was in my room Thursday night, jamming on my thesis.

Anyone who can vouch for that?

I've got a single, just like everyone else in my hall. What's this about?

You like Chinese propaganda art, being a poly sci major?

There's a great show at the Sino-American Institute. You been?

No. How about Alex Boone?

You run into him there?

I just told you, I've never been.

And, uh, I don't know any Alex Boone.

Can I go now? I've got a class.

Hold on.

Now you can go.

I do not know. They all look the same.

All right, Ms. Kang. Thank you.

We'll have someone drive you home.

Hey.

I turned up another China connection.

David Sutton was born David Garvik.

His father, Martin Garvik, convicted of espionage in '98

for passing defense software to the Chinese.

Right. He worked for a defense contractor in Westchester.

Mmm-hmm, convicted for life.

His wife committed suicide, David and his sister Tracy were adopted by relatives.

David Garvik became David Sutton.

Check this out.

For the last five years, the boy's been on the web,

mounting a campaign to clear his father.

"On a cold day in April 1999,

"our government condemned my father to life in prison

"without the possibility of parole.

"On that day, my heart-broken mother took her own life,

"and a young boy stopped believing in America."

Could this be what Boone was writing about?

The Garvik case, Chinese espionage?

I mean, it could be the reason he was talking to David at the art show.

April, '99.

I think Adams has something on his sheet for that month.

Yeah, here we go, April 10th, '99.

He was arrested for assault... In Fairview.

That's right outside White Plains.

Look up his arrest report.

Here it is.

"Witness stated Adams struck a news photographer outside the home of Martin Garvik.

Victim was attempting to take photos of the Garvik children.

Adams described himself as a friend of the Garvik family.

Maybe he was still performing services for them.

Talk to the Feds, see if you can get in to talk to Martin Garvik.

Just so we're clear. My client agreed to talk to you

with the understanding that you'll convey his cooperation to the Bureau of Prisons.

So here I am, the big scary spy.

We're sorry you're not feeling well, Mr. Garvik.

As your lawyer knows, we want to ask you questions about Mike Adams.

A friend of your family's?

Elyse, my, uh, late wife,

was a paralegal for a lawyer who represented Mike pro bono on a burglary charge.

The lawyer dropped the ball, so Elyse wrote all the briefs, visited Mike in lock-up.

She single-handedly got his case dismissed.

She got a friend for life.

She really believed in justice, in our system.

The Feds killed her, you know.

Trumped up these charges against me, destroyed our family.

It broke her.

Has Mike Adams been in touch with you?

Not with me.

But he'd reach out to my kids David and Tracy from time to time.

You ever hear the name Alex Boone?

Hold it. You said you had a few questions about Mike Adams.

Alex Boone was a journalist.

He was writing a book on China.

He was shot and killed by Mike Adams,

and the day before, Adams called your son.

So now you're trying to frame my son.

No, no we're not.

Although we don't expect a traitor to his country to believe anything we say.

Let me give you a little history, Detective.

In the late '90s, this country was seeing

Chinese spies under every rock. It was hysteria.

And I was a victim of that hysteria. I didn't turn on my country.

My country turned on me.

Okay, we're going to need to stop here.

Mr. Garvik's cancer requires a very demanding treatment regimen

which he's not at liberty to vary.

They want me alive and kicking so I can rot away in here.

But the joke's going to be on them,

because I'm walking out of here an innocent man.

My father's lawyer called me.

Told me not to talk to you,

said you were trying to put David in jail.

That's not quite true.

But we do want to talk to you about Alex Boone.

Not that I care what my father thinks,

but I do care about David.

That's it, Tracy, don't talk to us, we'll make up our own answers.

I don't think you'll like them.

I talked to Alex Boone once, on the phone.

He said he was writing a book that would exonerate my father

and did I have any of his old papers he could look at.

You didn't want to help him?

No. Everyone knows my father's guilty as hell.

So that made Boone either a hack or a con-man,

which is what David said he was.

You talked to David about him?

Yes.

David said that Boone was actually out to get my father,

that he was some nut who lived in some dumpy SRO.

And David talked to Boone.

I don't know.

You and your brother, you don't agree about your father's innocence.

If our father told David the Earth was flat, he'd believe him.

Our mother would be alive if it weren't for our dad.

Do I really want to get dragged into a Federal espionage case?

It's just a little old New York homicide case, Judge.

And we really need this search warrant.

What's the PC?

The suspect lied about knowing the shooter,

lied about knowing the victim.

Suspects are supposed to lie to the police.

The suspect matched the description of someone seen

arguing with the victim the night before the killing.

"Matched"? You don't have a positive ID? Fellows, I...

Did we mention the suspect lives in a student dorm at Concordia City College?

Isn't your daughter a sophomore there?

This murder suspect, a young man, unstable,

almost anything could set him off.

No one on that college campus is safe.

"The Art of the Long March. The Sino-American Institute".

I went there after I talked to you guys, I was curious.

Make a note to mention that to your lawyer.

Flash drive.

You're a real spymaster, kid.

Just like your old man.

Hook him up.

There's not one shred of direct evidence

connecting David to the murder.

Except photos, phone calls and falsehoods.

All right, so your theory is that David hired Mike Adams

to keep Boone from publishing a phantom book

that would somehow imperil David's father,

a man serving a life sentence,

a man who's dying of cancer? Please.

What difference would more revelations about Martin Garvik make?

All the difference in the world to a son

who loves his father and is trying to vindicate him.

Maybe what the Feds knew on Mr. Garvik

was just the tip of the iceberg.

Maybe he's guilty of far worse betrayals.

You don't know anything about my dad.

What he's been through. How he's been scapegoated!

David. Nothing.

You're right, Ms. Ward.

No jury would ever believe your client

capable of lashing out against someone trying to impugn his dad.

Now let's get to the heart of the matter.

Murder Two, 15 to life.

Declined.

And I'm all for skipping the foreplay.

Defense waves discovery and moves for an immediate trial.

Ward's no fool.

You step out in front of a jury with what you've got now,

you'll have your heads handed to you.

She can push for a speedy trial all she wants, I can stonewall her.

And at the end of the day, you've still got the bigger problem,

a very sympathetic defendant

whose family was decimated by the full force of the US government.

David and his sister lost their parents.

Ward won't let the jury forget it.

They'll be too focused on our overwhelming evidence against David.

So why am I feeling underwhelmed?

There won't be direct physical evidence of David's involvement,

no money trail between him and Mike Adams.

Who else besides his sister would David have talked to about Boone?

His dad. But David would have known

that phone calls to inmates are monitored.

Unless an attorney was part of the conversation.

If Martin Garvik's lawyer was on the call with them,

the call wouldn't be monitored.

David might've felt free to say what was on his mind.

Let me remind Mr. Cutter,

my conversations with Martin Garvik

are shielded by attorney-client privilege.

Let me remind Mr. Vick, the presence of a third party vitiates that privilege.

Danbury prison records show that Martin Garvik

received calls from Mr. Vick the week preceding the murder.

Mr. Vick's LUDs show that David Sutton was on the phone with Vick's office

while Mr. Vick was on the phone with Martin Garvik.

Now, it's reasonable to infer that David was patched into the calls with his father.

Well, Mr. Vick, was David Sutton on the line with you and Mr. Garvik?

Yes, Your Honor.

So much for attorney-client privilege.

I'm directing you to answer questions about the substance of those calls.

All due respect, Martin Garvik and I discussed his conviction for spying,

which is under federal jurisdiction.

Fair enough. Your Honor, if Mr. Vick represents to the court

that he was not privy to anything that Mr. Sutton said

about the murder of Mr. Boone, we'll let the matter drop.

Mr. Vick?

I can't make that representation.

Then let's hear what Mr. Sutton had to say.

David was very worked up

about the book Boone was writing,

very upset that it would undermine efforts to clear Martin.

Now, Martin tried to calm him down, told him to let it go, but...

Mr. Vick, go on.

David said Boone should be quote,

"Shot down like the dog he was."

I took that as a figure of speech, Your Honor,

not a declaration of intent.

It's not a direct link but Vick's testimony

will make David look like a cold-blooded killer.

Miss Rubirosa.

I'm Tracy Meegan, David Sutton's sister,

I was at his arraignment.

Yes. This is Michael Cutter,

he's the riding ADA on your brother's case.

I need to talk to you about David.

I know he didn't kill anybody. He couldn't have.

Uh, let's talk over here.

I know things, about what my dad did.

I can give you papers and stuff the FBI never found.

Give us? In return for what, leniency for your brother?

Yes. I can prove my dad really was a spy.

The federal government's already proven that.

And espionage doesn't fall within our jurisdiction, Ms. Meegan.

I know David didn't do this. Please help him.

I'm sorry, Miss Meegan.

Your brother will have to help himself.

You just don't want to help.

Well, I know someone who will.

Who would that be?

The same people who convicted my father.

She called us this morning, I assume right after she spoke with you.

She showed us what she had.

Let me get this straight.

You want us to cut David Sutton a sweetheart deal,

so that you can get your hands on his sister's alleged evidence

against a man you've already convicted of espionage?

I assume you two have read about Julius and Ethel Rosenberg?

In the '50s. The first American civilians

to ever be executed for espionage.

The evidence against the two of them was,

to put it mildly, controversial.

And their deaths tainted US spy prosecutions for years after.

Are you suggesting your case against Martin Garvik is less than ironclad?

I'm suggesting that when Martin Garvik finally dies in prison

and he will, I assure you,

that the conspiracy theorists are gonna have a field day.

But if Tracy Meegan gives you indisputable evidence of her father's guilt,

it's one less PR war for the Justice Department to wage.

Exactly. I'm going to put this as politely as I can.

I intend to see to it that Mr. Sutton

serves the maximum sentence

For orchestrating a murder.

As for Martin Garvik, he's not our problem.

He is now.

Seems my boss just had a conversation with your boss.

We'll offer David Sutton a plea to man two,

six to 12 years.

For a first degree murder?

Have you looked at your evidence lately?

Six to 12, Mike,

in a medium security prison.

And make the offer tonight.

You want to tell me why we're carrying water for the Feds?

It's called banking an IOU

which I can use in the Delacroix bank fraud case,

where we'll need the Feds' help.

I don't know how to break this to you, Mike,

but yours is not the only case on my plate.

Trade leniency for a murderer for help with a fraud case.

A two billion dollar fraud case.

And your murderer still goes to prison.

That's the kind of math I have to do in this job.

McCoy.

I appreciate the heads up.

This could all be moot.

David Sutton's attorney is seeking a TRO in Federal Court

to preclude Tracy Meegan from turning over those documents.

I guess that means he doesn't want your deal.

I want that IOU, Mike.

Appear as a friend of the court.

Just make sure the Feds get their documents.

An order?

An assignment.

The documents in question belonged to David and Tracy's father.

They passed to the children, jointly, on the father's conviction.

Ms. Meegan needed David's permission to dispose of them.

You had no right to give away those papers!

David, I'm trying to help you.

By screwing Dad? I don't want your help.

That's enough from both of you.

Counselors, silence your clients.

Miss Meegan's had sole custody of these documents for the last six years.

Mr. Sutton has never made a claim to them.

And has in effect abandoned them.

I see here a brief from the District Attorney.

Mr. Cutter, how is your office even remotely connected to this?

Our concerns coincide with the US Attorney's.

These papers may well constitute evidence

of the commission of a crime and as such are forfeit.

Mr. Garvik's already been convicted of the crime to which you refer.

Actually I was referring to David Sutton's crime.

These papers speak to his father's guilt

and as such may be relevant to Mr. Sutton's motive in committing murder.

Judge, he's arguing equities not law.

Unfortunately for you, both the equities and the law cut against your client.

The Court rules that the respondent Tracy Meegan

was within her rights to dispose of the documents as she saw fit.

The US Government may retain possession of said documents.

I've been instructed to offer your client a deal.

Six to 12... My client's not interested.

The US Attorney was very impressed.

I live to serve.

I offered Sutton your deal. He passed.

Doesn't matter. The Feds got their papers,

which means I still bank my IOU.

Yeah, I can see why David raised a stink about these documents.

They're the icing on the cake of his father's espionage case.

Names, dates, places.

Now the Feds can let Garvik die in jail with a clear conscience.

Thank you.

The defense is adding Martin Garvik to its witness list.

A convicted spy doesn't make much of a character witness.

He's no character witness.

He's going to testify that he, and not his son,

hired Mike Adams to shoot Boone.

Your Honor, Mr. Garvik's credibility

is a question for the trier of fact, the jury, to decide.

Mr. Cutter's suggestion that national security interests should trump...

It's not my suggestion.

Has Your Honor read the US Attorney's amicus brief?

I have. I thought with all this hope and change in the air

we were past this national security nonsense.

We're still not living in the land of unicorns and hobbits, Your Honor.

We still have enemies.

Mr. Garvik's espionage trial was conducted in secret for good reason,

and there's no telling what he might say here as a witness.

I can address your security issues,

I can clear the court, seal the testimony.

The jury's still going to hear it.

They're going to walk into the world after this trial is over and talk.

It's no reason to deny the defendant the right to present witnesses.

It's a lot to risk for obviously perjured testimony.

You say it's perjured, Mr. Cutter. I haven't heard it.

Then a proffer is in order, Your Honor.

Hear what Mr. Garvik has to say and then decide for yourself.

Your Honor... Nuh-uh.

I agree.

A proffer is in order. Clear the court.

Alex Boone sent me a letter through my lawyer.

He said he had irrefutable proof of my guilt.

That it would be better if I cooperated with him,

but either way, his book was coming out.

And what was this irrefutable proof?

Boone said he'd met a former Chinese official

when he was in prison in China.

This official told him that I was a spy,

that I had met with a Chinese agent

in Park Slope named Wang Chu in 1998

and passed him anti-missile defense software.

Wasn't that the essence of the government's case against you?

Yes.

You are admitting then that the charges of spying were true?

Yes, it's true.

I knew that if Boone's book came out,

it would mean the end of my son's efforts to free me.

So I made sure that

Boone couldn't publish his book.

What did you do, Mr. Garvik?

I got hold of a prepaid cell phone that had been smuggled into my prison.

I called Mike Adams,

I asked him to kill Alex Boone,

steal his computer and destroy any trace of his manuscript.

Thank you.

Do you have Mr. Boone's letter?

No. I flushed it down my toilet.

Do you have the name of the person who gave you the smuggled cell phone?

Even if I could remember, I'm not interested in implicating a fellow inmate.

For ten years you swore up and down

that you didn't pass secrets to the Chinese.

That was a lie, correct?

I was fighting for my freedom, for my children.

But that doesn't matter anymore, correct?

You have pancreatic cancer. Yes.

So now you're fighting for your son's freedom.

You have nothing to lose and you'll tell any lie. No.

Then why wait till now to come forward, why wait till your son's on trial?

I never thought it would go this far.

You've already admitted that you tell the truth,

or half the truth or none of it when it's convenient to you.

And now you expect us to believe this story about a letter you can't show us?

I didn't make it up. Boone sent me a letter,

with dates and places, he even knew what my Chinese contact looked like,

short, with a port-wine stain on his neck. Boone had everything.

Mr. Garvik, there is only one truth here,

that you would say anything to keep the one person who believes in you

out of jail, isn't that right?

Yes, Mr. Cutter.

Given the legitimate national security concerns

and the lack of substantiation,

I'm going to preclude this witness's testimony.

I never thought I'd approve of silencing someone

with a claim of national security.

Well done, Mike.

David Sutton's lawyer called. She reconsidered.

They want that six-to-12 plea.

As what, a reward for trying to suborn perjury?

The deal is off the table.

I'm glad to hear it.

Jack said the deal's off the table.

Well, that's good, seeing as that's what you already told David's lawyer.

Listen, I've been going through the documents

that David's sister turned over to the Feds.

This page is a fragment from a computer file,

some sort of shorthand diary,

but look at the entry that I've circled.

Wang Chu, Martin Garvik's Chinese contact.

"ID?" Identification.

"NF" could be naevus flammeus,

it's the medical term for a port-wine birthmark.

"RH" could be right hand.

Wang Chu is being identified

by the port-wine birthmark on his right hand.

Garvik claimed Boone's letter said

his contact had a birthmark on his neck.

Either I'm wrong about what this means,

or Martin Garvik made a mistake.

About what his spy contact looked like?

The location of an obvious birthmark isn't something he'd forget.

Alex never tell me he was writing about the spy stuff,

just a book about China.

Did he ever mention a man with a birthmark on his neck or his hand?

A birthmark?

Yeah, a red stain on his skin.

I see Alex look at a picture once, on his computer.

A group of men, a trade delegation from China.

I ask him why he look at that picture. He said research.

He pointed to a man,

an ugly man, with a face like a frog

with such a stain on his right hand.

Did he say anything about this man?

Alex asked me a strange question.

He ask, why did Chinese government send such an ugly man

to meet a beautiful white lady.

A white lady. Yes.

Then Alex said, it is because Chinese government is very smart.

They do not want romantic complication.

Did your husband say who this white lady was?

No. But, uh, he met her daughter.

He said she was very pretty.

Like her mom. Like sisters.

Hey, yeah, uh, we are stuck in the subway.

My cell phone's about the only thing that works down here.

Can you do me a favor?

Will you tell the judge that we'll be there in an hour?

Yeah. Okay, thanks.

Judge Lusky wants our butts in our seats by one.

Why, so we can tell her the underpinning of our case is falling apart?

You think the Feds really convicted the wrong guy?

Yes.

And the right guy may not be a guy at all.

You think Tracy and her late mother look like sisters?

I'll call the Feds. You call David's lawyer,

tell him we reconsidered. We want a plea conference.

You should've seen Judge Lusky's face when I asked for a continuance.

Why is my sister here?

They asked me to be here, for you, David.

We thought you could use a little family support in your hour of decision.

You should be nice to her.

If it wasn't for your sister offering those documents to the FBI,

there would have been no deal in the first place.

And here's the pater familias.

You can sit Mr. Garvik right there.

And why is he here?

Credit Mike Cutter's big fat sloppy heart.

I offered Mr. Garvik the chance to come here before he returns to prison.

All things considered, this may be the last time he'll see his son,

assuming we consummate a plea bargain tonight.

Tracy.

Let's get to it.

Just, uh, one loose end to tie up first.

I've been asked to show you a photo.

It's a trade delegation to the United States.

Do you recognize anyone?

I've never seen any of these men.

Really. Well, look again,

because one of them is Wang Chu, your contact.

I admit the quality isn't very good.

You're looking for a birthmark on the neck of one of those men,

and you're not finding it, are you?

Well, like Mr. Cutter said, the quality isn't good, their faces aren't clear.

Maybe you're looking in the wrong place.

First row, Mr. Garvik. Second from the left.

You see what's poking out of his right sleeve?

That's a birthmark on his right hand.

Not his neck, but his right hand.

Not only could you not recognize his face, you misplaced his birthmark.

The man you passed national secrets to.

A man you allegedly met a half-dozen times. How could that be?

There's a simple explanation.

You never met the man. You never passed secrets to him or anybody else.

Correct?

Martin?

Mr. Garvik, how lenient I am with your son

depends on how truthful you are.

You know who the spy was.

Don't you dare say anything! You keep your lying mouth shut!

Tracy, what are you doing?

Don't believe him, David. It's not true.

Sweetheart, please. What's not true?

No more lies, Mr. Garvik.

Dad, don't.

Your mother.

Elyse's parents were missionaries in China.

She was raised with a great love and admiration for the Chinese people.

No, please stop.

And she had a great love of justice.

And when ten years ago, she thought that

the West was ganging up on China,

she thought she had to level the playing field.

So she took files from my computer and passed them to the Chinese.

I didn't know.

After I was arrested, she wanted to confess,

but we decided that it would be better,

better for you children, if I was the one who went to jail.

We thought the case against me would fall apart.

But when I was sentenced to life without parole,

it was too much for your mother.

I told her that even if we told the truth now,

the government wouldn't believe us

or they'd put us both in jail forever. We were trapped.

And your mother felt such guilt.

After she took her life, I didn't say anything,

it would seem too self-serving.

And you children loved your mother so much.

I couldn't do that to you. I couldn't do that.

That's what Boone found out in China.

That's what was in the letter, your wife was the one.

Yes.

Dad.

It's true, sweetheart.

Your mother wasn't a bad person.

She did what she did with the best of intentions.

But you said he had evidence against you,

that he was going to put the nail in your coffin, that's what you told me.

Because I couldn't tell you the truth about your mother.

But if I'd known you'd go out and do what you did with Mike Adams...

Me? I thought it was you.

Well, after Mike called me out of the blue

and the cops told me what happened,

I thought you'd put Mike up to it.

No.

David, you know me better than that.

I would never trade somebody else's life for mine.

Not to worry, at this point we don't believe

either one of you had Boone killed.

Well, this is a fine time to tell us.

It's the perfect time.

When the whole family is here to support each other.

Isn't that right, Tracy?

It's a big blow to you, isn't it?

All these years you believed your father was a spy,

you blamed him for your mother's death.

And when Boone called you...

That's what you told the police, right?

That you had talked to Boone once, on the phone.

Yes.

Except he told his wife he met you, face to face.

He told his wife that you were as pretty as your mother,

almost like sisters.

Why did you lie to the police, Tracy?

Oh, God.

Boone told you, didn't he?

He told you it was your mother. And you panicked.

Tracy, don't say anything.

You called Mike Adams.

Yes, I called him.

Everything I believed about Mom,

that man said he would destroy her. I couldn't let him.

I'm sorry.

I'm so sorry, Daddy.

I withdrew the charges against David Sutton,

he should be released within the hour.

I passed along what I had to the US Attorney,

they might review Martin Garvik's case.

But you might want to put a call in to your new friends in Washington.

First thing in the morning. I'll cash in my IOU.

And the daughter?

Her lawyer's pressing for a deal.

And?

I'm awaiting your instructions.

My instructions are,

do what you think is right.