Raising the Bar (2008) s01e01 Episode Script

- Morning, Jerry.
- Morning.
- Miller, you going to AP Three? - Uh-huh.
These are easy pleas.
Notes are on there.
Thanks, man.
Wait What is? Wha? I'm starting the rape.
- OK.
- In front of Kessler.
- Do I remind you she doesn't like you? - Because I won't kiss her ass.
Just try to behave.
Every time you go off on her, I get called to the principal's office.
- And Jerry? Shave.
- Yes, Mother.
Yo! Mr.
Rich! - You know that hurts my feelings.
- You're wearing cuff links.
- He's not.
- It's my everyday cuff links.
Case coverage is yours, Señor Swanky.
Oh, come on.
I got a jail visit with my weenie whacker.
- I told you to plead that.
- I'm tryin', Roz.
- Who's got it? - Marcus, but he won't make a deal.
- Got notes on these? - Adjourn the hookers, plead the DWI to the minimum, get me four years on the burglary.
You know, I could buy a car for what that suit costs.
You got a car.
And I'd watch it.
Class rage makes me hot.
Hey, are you ready? I got a no-forensics rape case with a crappy family alibi.
ADA won't listen to a word I say, so in about an hour I'm gonna defend an innocent guy in front of a crazy judge.
What's not to be ready for? When the ID goes soft in a DNA case it's one thing, but here it's all I've got.
So do I deal it out? Hello, Nick? Guy's a douchebag.
Get the scalp.
Even though I think the cop led her to a bad ID - and out-of-court's suppressed? - Unless you think you'll lose, get the scalp, babe.
What are you doing? Just daydreaming about a heart-healthy breakfast: Two perfect swollen mounds of creamy white yogurt, each topped with a pert, succulent raisin.
Have you heard of a hostile work environment? Santucci v.
Sussman.
Eighth Circuit, 1997.
Even unusually vivid descriptions of foodstuffs do not, as a matter of law, constitute harassment for purposes of a Title Seven claim.
- You're disgusting.
- Yes, I am.
- Do you like sex, Nick? - I do sex crimes, right? - Do you want to have sex with me? - Daily.
And you think you can satisfy me? You strike me as easy to please.
- Really? - Really.
OK, then.
Let's go.
- Where? - Right here.
Right now.
- Easy.
- Start your day right.
- What're you doing? - Let's take off your pants.
- See what you've got.
- Not here.
Come on, Nick.
Fantasy time.
Aren't I worth it? What're you doing? Wait I gotta brief the DA in five minutes.
- I don't think you can last five.
- Rain check? Nick, don't ever let your great big head make promises your, um little bitty head can't keep.
Yo, Marcus! Talk fast, Jerry, I got people to incarcerate.
- That's not funny.
- It is.
- You've got no sense of humor.
- That's great.
Make fun of putting your own people in prison.
My people? Did you seriously just say that? My people, Jerry, are the good citizens of this fine city.
Your clients, on the other hand, are criminals.
Yes, it's your people that terrorize my people.
Now Go deal with whatever scumbag you're defending and I'll see you tonight.
Michelle! Talk to me.
Forget it.
I told you already, there is no way my office lets me kick a rape case on some public defender's say so.
Michelle, I'm begging you.
My guy did not do this rape.
- If you win this case - If? you'll lock up an innocent guy, orphan his kids, widow his wife.
I'll give you this much.
Maybe the out-of-court ID is a little shaky.
Maybe the cop even pushed it.
But I gotta get something here.
Give me something I can live with.
I thought your guy was innocent.
OK, I'll kick the rape.
Let him plead to the knife as an E felony.
He's got a prior, one-and-a-half to three.
- For a pocket knife? - Don't mess with me.
Court starts in ten minutes.
This is off the table in nine.
Calvin, I ever tell you to cop out in this case? No, man.
Never.
Well, I am now.
I want you to take a plea.
Right now.
Today.
'Cause? 'Cause the numbers are right.
Because we got a crazy judge.
And no matter how innocent you are, we can lose this thing.
I've been in 11 months already, man.
And you know what's got me through it? The thought that I would have my day in court.
My chance at vindication.
That I'd walk out of here, my head held up high, look at my babies and say, "See? I told you Daddy didn't do it.
" All right, Calvin, listen to me.
They'll kick rape.
All you gotta plead to the knife.
It's one-and-a-half to three years.
You're out of here, worst case, in a couple of months.
If we lose this in court, Judge Kessler is gonna max your ass.
Trial tax, Cal.
You can't afford 25 years in interest and penalties.
I do time for something I didn't do by pleading to something that I did do that I shouldn't do time for.
That's what I'm telling you.
Take this.
Please.
All rise.
The honorable Judge Trudy Kessler presiding.
Ms.
Ernhardt.
Your Honor, we have a disposition of this matter.
- Is that right, Mr.
Kellerman? - Yes.
What is the proposed disposition, Ms.
Ernhardt? Attempted criminal possession of weapon, third degree.
A class E felony and one-and-a-half to three.
You propose to dismiss the rape charges for purposes of disposition? - That's correct, Your Honor.
- Really? Not in my courtroom.
I'm not gonna put a criminal on the street just to avoid a trial.
This isn't Let's Make A Deal.
This is an agreed upon disposition.
Both sides believe - I don't care, Mr.
Kellerman.
- But - Please.
Be quiet.
- Excuse me.
There are mitigating circumstances we discussed before Ms.
Ernhardt, what part of "I don't care" don't you understand? Mr.
Hines is charged with rape.
He can plead to rape.
I'll give him 20 years right now.
Or you can proceed to trial.
Mr.
Hines, would you like 20 years? I didn't think so.
Trial will commence forthwith.
George, you stabbed the guy 36 times and cut his penis off.
- I was angry.
- Yeah, well, - "He pissed me off" isn't a defense.
- But self-defense is.
- It was him or me.
That's the case.
- True, but between your size, your record and the, um, disfigurement, self-defense is a tough sell here.
Then you better be a good salesman.
The crime is consistent with their theory.
- Which is what? - You were furious when you found out Damian was having an affair with another man, and when he came home, you tied him to the bed, killed him, then mutilated him.
- They can't say that.
- They can and they will.
- Then I'm not going to trial.
- George Look, I did what I did, OK? I'll live with that.
But I will not let them talk about me or him like that.
I'll do the time.
Just get me a flat bid so I got a shot of getting out, OK? I'll try, but unless you've got something or someone you can give up, I don't have a lot to work with here.
Hey, you've done a lot of time, George.
You gotta have something.
Listen to me.
I am not queer and I am not a snitch.
Even if it means manslaughter and a parole date? A snitch maybe.
The way I figured it, the perpetrator had to come from the same building.
It seemed pretty clear to me.
And, detective, based on your investigation, what did you do? I got a picture of Mr.
Hines there and I showed it to the victim.
And was she able to make an identification? Yes, ma'am.
Right away.
She took one look and said, "That's him.
That's the guy who raped me.
" Ms.
Harlow, when Detective Dougherty showed you the defendant's picture, - what was your reaction? - That was the man who raped me.
- Objection! - Overruled.
Ms.
Harlow, was this before or after Detective Dougherty told you to take another look at Mr.
Hines? Detective Dougherty never said that.
May we approach? Judge, I can't let this continue.
Ms.
Harlow has consistently said - initial identification was negative.
- He raped me! - You're prosecuting him - Be quiet, Ms.
Harlow.
I'll have you removed.
She only made the ID after Dougherty told her to "take a close look" at Mr.
Hines.
It's why I agreed to the plea.
You asked her the question.
Sure I did, but I didn't expect her to testify inconsistently.
- You mean lie.
- Who's to say she's lying? Today she's saying Detective Dougherty never pushed her.
Testimony stands.
Objection overruled.
Ms.
Ernhardt? Don't try to impeach your own witness.
- They both lied? - Dougherty I can understand.
He's a cop looking to make a collar stick.
The victim? Excuse me? What about Kessler? She knows the ID's iffy.
She still won't take the plea.
How can you sit still for that? - Don't go there, Roz.
- You got that bitch wrapped around your finger.
You know the case is crap.
Tell her to back off.
- I am court staff.
Stop it.
- Also my friend.
As your friend, I'm telling you that if you have an inappropriate conversation with me about a case pending in my judge's courtroom, I will report your ass.
You're on thin enough ice with her as it is.
Unethical? Unethical? The cop lied! Your judge is nuts! My client is innocent! He'll still get convicted.
What the hell kind of ethics is that? Excuse me.
- Touchy.
- Cute that he cares.
Here.
No, thanks.
I'm not feeling very sociable.
Come on.
I'm buying you a drink.
You guys in the DA's office are unbelievable.
You screw with people's lives all day, and then come 5:00 it's like, "Hey, OK, school's out, let's all get loaded together.
" - Here we go.
- Come on.
We all go back too many years.
Lighten up.
We do our job.
You do yours.
- That's the system.
It's not personal.
- You see? No.
That's the problem with you all.
It is personal.
It's very personal.
My guy's looking at 25 years for a rape he didn't do, everyone thinks I'm a jerk because I can't have a drink and let it all go.
Excuse me.
I have a summation to write.
It took him eight years.
Eight years for Calvin Hines to make the life he wanted.
A good job, a decent apartment, a loving wife happy kids.
Eight years.
And in a single instant all of it was gone.
Stolen away by a savvy detective, who manipulated a frightened, vulnerable victim into making a bad identification.
No question Ann Harlow was raped.
No question that her violent rape was a terrible tragedy.
But if you convict Calvin Hines, three more crimes will have been committed here.
One, against Ms.
Harlow, because her rapist will never be brought to justice.
The second, against Calvin Hines, who will be wrongly convicted of a crime he did not commit.
And the third against all of us.
Because a wrongful conviction inflicts a grievous wound on our most sacred principle: The truth.
Calvin's DNA is nowhere in or on Ann Harlow because Calvin Hines is innocent.
What you got here, in this courtroom, was a lesson in how innocent people wind up in prison.
When Detective Dougherty only showed Ann Harlow one photo, he left her no real choice.
She did exactly what he wanted her to do: She picked Calvin.
That's not an identification.
That's a lynching.
A lynching? A lynching? Is that what we call it when a dogged detective tracks down a rapist? Is that what we call it when a rape victim has the courage to come into open court and look her assailant in the eyes? OK, this may not have been the best identification in the world, but Ann Harlow was grabbed from behind, forced into her apartment and brutally raped.
And whether it was one photo or a hundred, one was all it took: the right one.
Mr.
Kellerman's right.
There's no DNA here.
These days, rapists tend to be more careful.
So when you think about all the evidence here, consider this: Is it really a surprise that when they went to arrest Mr.
Hines, he had a knife on him? And not just any knife, a small folding knife.
Exactly the type of weapon the victim said her rapist used.
Mr.
Kellerman calls that coincidence.
I call it proof beyond a reasonable doubt.
- I'm not asking for much.
- As far as I'm concerned, not much is too much.
I told you when I took this job, no favors.
I'm making you an offer.
My guy is willing to rat out a serial rapist.
Close the books on unsolved rapes in exchange for man one and 20.
- Not gonna happen.
- Dates, places, everything.
Tell you what.
Give me a name, I'll get a warrant.
And if it's as good as you say, I'll give your weasel 25 flat.
- Twenty.
- Take it or leave it.
One thing.
This guy doesn't check, tell your client I will personally see that he is buried in the yard at Attica.
A central issue in this case is the identification made by Ms.
Harlow.
I instruct you that you must carefully consider all the evidence regarding this identification, including the fact that Detective Dougherty showed Ms.
Harlow only a single photograph.
I have determined as a matter of law that Detective Dougherty's actions, by showing Ms.
Harlow only a single photograph, constituted an unduly suggestive identification procedure.
You must, therefore, consider this fact in your evaluation of all the evidence presented to you in this case.
We just caught a huge break.
You must prove the defendant was correctly identified and committed the crimes charged.
Will the foreman please rise? Ladies and gentlemen, have you reached a verdict? We have, Your Honor.
Will the defendant please rise? In the matter of The People of The State of New York v.
Calvin Hines, as to count one of the indictment charging rape in the first degree, what is your verdict? We find the defendant not guilty, - Your Honor.
- Yes! As to the second count, criminal possession of a weapon in the third degree, what is your verdict? Guilty, Your Honor.
Thank you, ladies and gentlemen.
You've done great service.
I really appreciate it.
You're discharged.
No, no, no, no.
Don't worry.
I'll have you home before dinner.
I promise.
With the acquittal on the rape charge, weapons count must be reduced to a misdemeanor.
Since Mr.
Hines has been incarcerated for 11 months, more than he could serve on that misdemeanor, he's entitled to release.
Ms.
Ernhardt? I think there's merit in Mr.
Kellerman's argument.
Thank you, Ms.
Ernhardt.
Motion denied.
Judge, there's ample law to I should tell you, Mr.
Kellerman, that barring something surprising on the probation report, I fully intend to sentence Mr.
Hines to the maximum on the felony: - Three-and-a-half to seven.
- Seven? For a pocket knife? The jury has spoken, Mr.
Kellerman.
I intend to listen to them.
- It's an inconsistent verdict! - Please.
We all know what really happened here.
What happened here is my client got screwed by a racist system, - and most of all by you! - I strongly caution you.
Don't think 'cause you followed the law, you're absolved.
This was a sham.
Trying a case here is like having a prosecutor on the bench.
That's it.
You're in contempt.
Put him in with his client.
Hands behind your back, counselor.
Sit.
You're going to prison, Tyrell.
The only question for you is whether you're ever coming out.
- Sounds like I need a lawyer.
- Oh, you do.
Bad.
Maybe your lawyer can even beat the DNA evidence.
Where's my phone call? No lawyer in the world is gonna get you off for 11 rapes, Tyrell.
Make the call and you will die inside.
- Or? - Or be a man and own what you did and maybe catch a break.
Everything, all of 'em.
No.
Not a chance, man.
You'll plead four, do your time in segregation and you'll be out in time for retirement.
- Man, you don't speak for the DA.
- I don't have to.
You see that guy in the corner? He is the DA.
You do it straight, I'll sign off today.
- Hey.
- Hey.
You OK? - I won, right? - Yes, you did.
How come I feel so lousy? Look, it isn't your fault Jerry is a loose cannon.
- Buy you a cup of coffee? - No, thanks.
Come on.
Light, sweet, with just a hint of bitterness.
Thanks, Marcus.
You know, even a busted watch is right twice a day.
What's that supposed to mean? We all know Jerry Kellerman's got a Don Quixote complex.
And it's not even my case, so it's none of my business.
You can do whatever you want.
Are you coming in for a landing anytime soon, Marcus? I think you may be sitting on a bad conviction.
- What do you mean? - I cut a deal this morning with a guy, Tyrell Stevens, a real sicko.
Anyway, he 'fessed to a bunch of rapes.
- I think one of them was yours.
- Mine? This one? The thing is they're only writing him up for four of them.
And mine's not one of them? Who made that decision, Marcus? You? I'm talking out of school here.
- Who made that call? - The boss.
He didn't want to give up your win.
Michelle, this really can't come from me.
You understand.
Don't worry, Marcus, I got your back.
Why didn't you tell me my case was bogus? You didn't think your case was bogus and neither, incidentally, did the jury.
You did nice work in there.
It's a good win.
It's wrong.
I'm not comfortable.
Come on.
You scalped a bad guy, won a trial and got your adversary jailed.
That, my dear, is a clean sweep.
And it doesn't bother you that your so-called "bad guy" - is actually an innocent guy? - If he didn't do this, trust me, he did something we didn't get him for.
We're supposed to follow facts wherever they go.
Facts of this case are saying we convicted an innocent.
- Let this go, Michelle.
- I can't.
It's wrong.
The guy's a skel.
If you can't see that, you're in the wrong job.
The day I overlook inconvenient truth because you say he's a skel, that's the day I'm in the wrong job.
- I think I should see the judge.
- Don't.
You'll hurt yourself, embarrass this office.
The truth should never be an embarrassment to this office.
Michelle, put this in the win column and move on.
- I need to see the judge, Charlie.
- Ms.
Ernhardt, back so soon? Judge, I I made a mistake.
Ms.
Ernhardt, we can't do anything ex-parte here.
- Mr.
Hines is innocent.
- Oh, please - I've learned - Ms.
Ernhardt, unless you'd like to join Kellerman, I advise you to be quiet unless both parties are present.
Shouldn't we get Kellerman since we have to entertain this? Who knows? He might be on good behavior by now.
Fine.
Call Corrections, get him in here.
Well, now that we've got everyone together, Ms.
Ernhardt, - what is the problem? - Based on my own investigation, I've come to believe a suspect we've arrested is responsible for the rape Mr.
Hines is accused of.
Hines' innocence is all but certain.
I can see why you're troubled.
But seeing as the jury acquitted Mr.
Hines of the rape, I don't see how that's significant.
Justice it seems is done.
What?! There is still the knife charge.
Of which he was found guilty, and for which I will sentence him accordingly.
That's the thing.
Felony requires he have unlawful intent to use the knife.
If he's innocent of rape, he couldn't have.
A little late for that argument, I think.
Your Honor, based on what I know, I intend to join Kellerman's motion to set aside the verdict - as to the knife count.
- Really? And, Mr.
Kellerman, - will you be making that motion? - Absolutely, Your Honor.
Well, the fact that the two of you believe that doesn't mean I have to.
The jury has spoken.
I have no intention of second guessing the reasoned judgment of 12 fine citizens of our community.
It's too late, Ms.
Ernhardt.
- Your motion is denied.
- You gotta be kidding! Mr.
Kellerman, have you learned nothing? The jury decides what's true.
Not you.
And not you, Ms.
Ernhardt.
Process creates truth.
You can appeal me if you like, but your motion is denied.
An appeal's gonna take years.
Hines will have served his entire sentence.
Process, Mr.
Kellerman, process.
At least grant him bail pending appeal.
That's a legitimate part of the process.
- Ms.
Ernhardt? - No opposition, judge.
Fine.
I'll grant bail pending appeal.
$50,000, cash.
That's higher than the bail he couldn't make before.
That's not bail.
He was presumed innocent before.
Now, he's been found guilty by a jury.
The amount of bail is my sole discretion.
You know what? You're a sadist.
You're a sadist in a robe.
Do you really like being in jail that much? I'd rather be in jail with Calvin than free and a part of a system - that put him there.
- I'm happy to oblige you, counselor.
Take him back.
Come in.
- Hi, Roz.
- Thanks for seeing me.
My pleasure.
Are you going to the Bar Gala? Anything to wear a party dress.
Sit down.
This is about Kellerman, isn't it? He was out of line, Roz.
He was way out of line.
OK, so a contempt citation, maybe.
But remand a public defender? - I believe in rules.
- As do I, Your Honor.
This isn't about rules, it's about discretion.
My lawyers are under a tremendous amount of pressure.
I've been there.
I was a public defender myself.
- You know how frustration can build up.
- That door swings both ways.
Particularly cases where one believes in a client's innocence.
- What you believe shouldn't matter.
- But it does.
- It shouldn't.
It's unprofessional.
- It's human, judge.
He's a great lawyer.
He's brash and passionate He's rude.
He's arrogant.
He's always trying to play the system.
You might want to point out that a simple apology - goes a long way in this life.
- I wish it were that simple.
You don't have to believe the words, Roz.
You just have to say them.
I'll see what I can do.
Sit.
Are you all right? I get up in the dark.
I go to bed in the dark.
I ride the subway to work.
I spend my life in hallways, jails and courtrooms, and can't remember the last time I took a walk.
But other than that, I'm great.
I need you free, Jerry.
And as much as I might like to right now, I can't afford to lose you for another week.
- Come on, Roz.
- Listen to me.
I have personally gone out on a limb by asking Kessler to give you a chance.
But you have to bite the bullet and apologize.
I can't.
This is not a discussion.
It's an order.
Our clients are not helped when their lawyers are in jail.
Go upstairs and do the right thing.
Grovel.
I understand you have something to say to me, Mr.
Kellerman.
Yes, Your Honor.
I I know there are times lots of times, probably when it seems like it's all about me.
Like, my rage or frustration makes it seem like I have no respect for you, or for the system.
But I do.
I want to believe in justice.
The problem is there's a decent citizen in a jail cell downstairs - I already heard your closing argument.
- I know.
I'm sorry.
What I'm trying to make you understand I understand very well, that judges who might otherwise hear you, don't because you're disrespectful and abrasive.
While you think that your passion justifies your intolerance, - you hurt your clients.
- Point taken, Your Honor.
If you'd been more accommodating, I might've released Hines pending appeal.
Punishing Calvin to get at me? I didn't quite say that now, did I? What happened to you? How did you go from being a judge - to a petty, spiteful tyrant? - That's it! You have ten seconds to apologize, mister, or else! - One Mississippi, two Mississippi - Get him out of here! I'm adding an all expense paid ten-day trip to Rikers and a thousand-dollar fine to your sentence.
This is a joke! You're a joke! Damn, Jerry, you're gonna be in here longer than me.
- Just apologize to the lady.
- What I said was the truth, every word.
Don't trade freedom for the truth.
Cop out, get out.
What you told me.
I can't apologize.
When I was a public defender, I never kidded myself that any of my clients were actually innocent.
I have become so cynical.
Will you zip me up? You are not a cynic, you're a realist.
This isn't about guilt or innocence.
This isn't about Roz or Kellerman.
This is about you.
I like it when it's about me.
Realistically, what are the only two things the judicial screening committee cares about? - Bad press and reversals.
- Exactly.
Do you think I'm at risk of one or the other? I think Kellerman has a point.
Between this verdict and holding him in contempt, you're looking at both.
"Public defender in contempt while fighting for client?" - The tabs love that stuff.
- A jury convicted the guy.
You don't want to look intemperate.
The political fallout's not worth it.
- He's gotta learn some respect.
- Honestly, Jerry Kellerman isn't likely to learn that from anyone on our side of the bench.
If he gets shipped off to Rikers tonight, we may have a real problem.
You have the softest lips.
And the most magical mouth.
Yo, Kellerman.
Let's go.
You're sprung.
Go.
And I need Hines, Calvin Hines! Let's move it.
I got two comin' out.
I tell my attorneys that we are held to a higher standard.
That we are finders of fact, wherever the facts take us.
And if the facts dictate innocence, so be it.
I continually stress that the truth should never be an embarrassment to our office.
Bourbon, double.
Two.
- So Larry tells me you're an actress? - Mm-hmm.
That's fantastic.
- You are one crazy SOB.
- I'm glad you're out.
Yeah.
Jail? Not so great.
- Hey, brother.
- I can't believe you apologized to her.
- Apologize? I didn't apologize.
- You didn't? - Hell, no.
- You bust out? - I'm not hiding you.
- I'm not on the lam.
Not on the lam.
Something to aspire to.
How'd you find out my guy was innocent? One of our DA's pled out a serial rapist.
He copped to four of the 11 in return for 25 years.
- And one of the other seven was mine.
- That's correct.
This other DA came to you out of the goodness of his heart.
- Something like that.
- It was you? No, it wasn't.
Excuse me a moment.
Jerry, what a pleasant surprise.
What happened, Charlie? How'd I get out? - Cooler heads prevailed.
- What did you do? Let's just say that in spite of your boorish behavior, the judge is not an altogether unreasonable woman.
- What about Calvin? - Motion to reduce granted.
Sentenced to time served.
Cut slip issued.
- It's over and done with, Jerry.
- Hi.
Lovely to see you.
He's probably home with his family by now.
- Hello.
It's lovely to see you.
- You're a real friend, Charlie.
You have no idea, buddy.
None.
Excuse me, I'm being summoned.
Clerk's life, baby.
- Pleasant dreams, counselor.
- See you in court, judge.
- It was you, wasn't it? - Was me what? Who told Michelle my guy didn't do the rape.
- Why can't you just drop it? - Yeah, see, because it sucks, Marcus.
That's why.
Blind luck should not determine whether an innocent man goes free or not.
- Hey, guys, I gotta go.
- You got a hot date? Sizzling.
- Good night, Roz.
- Stay.
Have a drink with me.
- I have to go.
- No, you don't.
Richard, you work for me, you wear cuff links and I'm old enough to be your older sister.
If I quit, would it be different? Maybe, but you're not gonna quit.
Besides, your clients need you a whole lot more than I do.
Liar.
Refill? No, I'm all right.
Recharge? Maybe.
- Long day? - Yeah.
So Life is beautiful We love until we die The part I can't get over is that even when you win, you lose.
Calvin spends 11 months in jail for a crime he didn't do, gets acquitted of the rape and then she's actually gonna give him seven more years.
Towel.
How're you how are you supposed to fight in a system like that? I don't know.
Why savor victory when you can wallow in defeat? Hey.
You didn't fail, Jerry.
Calvin knows it.
I know it.
The only person that doesn't seem to know it is you.
Life Is beautiful But it's complicated We barely make it We don't need To understand There are miracles Rip by spyderspyder