In Justice s01e03 Episode Script
Golden Boy
Every trial results in a verdict, but not every verdict results in the truth Are you kidding? I mean, he's the president of the United States, and he can't do better than Monica Lewinsky? Come on.
Thanks for contributing to the delinquency of minors.
- So what's the celebration? - Oakland A's just signed my boy.
- Congratulations.
- Thank you.
I've got some weed in the glove compartment if you guys want to go hang out at Bayshore.
Sure.
Uh, listen, man, I think I'm going to head home.
She's not into me, man.
Look at her.
All right.
Yeah.
Have fun.
Hold on.
Wait a minute.
Wait.
Stop it! Stop it! Hey, wait! - That's the prosecution's case.
- And your contention? The victim offered to buy beer for my client and his friend.
They talked, they flirted and they parted.
She drove off alone, and that was it.
The friend doesn't support your client's story.
He was pressured by the cops.
- Sonya - Miss Quintano Miss Quintano, the national justice project can only lend its assistance to one appellate lawyer a year, and we've got about a dozen or so more in the lobby to meet, so if you don't mind So if you can just give us something.
We've got to make a case to our bosses, and we can't do that unless we give 'em something new, so if you have I've got 56 depositions here from local latino business owners, day workers and students, and they all say one thing.
They were harassed by Alec Sutherland.
That's the same cop who arrested my client.
Look, my client was railroaded by a racist cop.
Why is everything a debate with you? It's not a debate.
I'm just saying "no.
" It's black network television, Charlie.
- They voted me hero of the month.
- Well, congratulations.
Maybe the camera should follow you around for a week, instead of us, huh? - They just need "b" roll, right? - Yes, "b" roll.
What's "b" roll? If David decides to run for attorney general, he'll need the poc vote, and our informal polling shows - Wait, wait, what? - Poc vote, people of color.
- Our informal polling shows that - She's kidding, right? David only has minimal saturation in the A.
A.
and hispanic communities.
That's why "the hero of the month" segment is so important.
- David, just order him to do it.
- He'll quit.
Let him quit.
Gretta, I love you, and you're a very good political advisor, but you think I make that stuff up in court? "Quintano".
.
is that your last name? My ex-husband's.
Yours? Conti.
I see you've been Salgado's attorney for the last eight years.
Uh, except for the original trial.
And your business address is, 1218 terra garden? Yes.
And Salgado's last residence was, oh, 1218 terra garden.
That's weird.
So either you purchased Salgado's last residence, or, uh, you're related.
He's my brother.
I'm sorry.
Kick it.
Excuse me.
Mr.
Conti, sir.
Do you think I even get a minute if people think I'm the hysterical sister? I have no idea.
They're gonna kill him! Look Three months ago my brother was transferred from Avenal to Mule Creek prison.
Then last week the aryan brotherhood wrote on his cell door "187.
" He won't join a prison gang.
He won't join la nuestra and because of that, now the brotherhood is targeting him.
- Did you talk to the wardens? - Yes, I'm talked to the warden.
And they put him in protective custody, the same place they put the snitches and the child molesters.
So he spends 23 hours a day in total isolation.
An innocent man locked up alone, just so he can stay alive.
It's a prison within a prison.
My brother means more to me than anything in this world, Mr.
Conti, and he's in there, every day, dying.
I'm sorry.
Please, sir, will you just look at the evidence? This cop, this racist cop, he saw a kid who was signed by the A's, a latino kid who was going somewhere, and he just What's his name? Cruz Salgado.
- Which year was he drafted? - 1998.
- Good-looking latino kid.
- He was the third round pick.
He had a 93-mile-per-hour fastball.
Please.
You're my last hope.
This isn't about winning a case.
It's about winning an election.
- Look.
.
- No, no, please don't.
This cop is not a racist.
You're just trying to win votes by playing the race card.
Did you read these depositions, Charlie? Yes, I did, and I can make Mother Teresa look like a racist with questions like those.
All right, look, just for the record, when you're passionate about a case, what do I say, huh? I say, "go for it, Charlie.
" The minute that I feel strongly about something Okay, okay, okay, but we're imposing the 72-hour rule.
The what? If we don't find anything in three days, we kick it.
- You're making that up.
- Yes, I am.
You see, it's What, what? You've got that look on your face.
- What is it? - It's this week, David.
Film crew is coming this week to shoot "b" roll.
Yeah, no, we're okay.
We can shoot in here.
We just can't shoot in the field.
It's black network television.
You're their hero of the month.
What's wrong with this picture? White people.
Cruz Salgado.
40 years to life, murder.
On february 18th, 1998, 11:45 P.
M.
, Alec Sutherland, lead detective in the murder of Berkeley biology major Carolyn Hunter Guy working on one of the cranes saw her car down here idling with the door open, called 911.
Patrol found her body at 10:55.
- Who are these folks? - Uh, witnesses.
Patrol caught them performing a 647-B.
647? Yeah, they admitted seeing a struggle in the victim's car about 10:40.
- They see anything? - They, uh, said it was dark.
Uh, they think they saw a young hispanic male about 5'8".
You get anything on the steering wheel? Yeah, about a half a dozen prints.
We're running them through afis database.
What you got? So get this, Wade.
I was going though the girl's car.
I came across this receipt for Gaffey's liquor.
So I went down there.
I spoke to the owner.
You know what he said? He said that he saw you and your latino friend flirting with that girl.
She bought us beer.
She asked us to go to Bayshore park to get high.
I had to get home.
Cruz came with me.
I want you take a look at that, Wade.
Look at it! You know what you get for accessory to murder? You get 40 years.
You know what you get if you give us latino friend right here, right now? You get a pat on the back, and you get to walk out that door.
So Wade rolled on Cruz Well, no.
At first he said that Cruz left with him.
Then he changed his story, and he said that he went off with Carolyn Hunter.
The alibi witness says Cruz arrives home at 10:30.
Murder happens 10:45, so what contradicts this? What connects Cruz to the scene? There's no DNA.
There's no skin under her fingernails.
Well, there's, uh, the passing businessman and his suspiciously underaged passenger.
Delicately put, Brianna.
Thank you.
Let's review these interview notes and check for - Inconsistencies.
- Good.
Forensic evidence? Cruz's prints on the steering wheel.
How'd they get there, and are they his? - What else, Brianna? - I, uh Signs of a struggle.
Mr.
, Uh, Swain asked me to sit in.
Okay.
Right, the bruising on Cruz.
Okay, suspects.
We're saying Cruz didn't do it, so who did? Both the eyewitnesses say they saw an hispanic youth.
- They also said it was dark.
- And they were probably distracted.
All right, uh, assignments.
I'm gonna go interview the client.
Sou-Min, you get the trial attorney's discovery, please.
Jon, the best friend Wade.
See if he's lying.
Uh, I got a problem.
My car is in the shop.
- What? - The closer, it's in the shop.
Okay, team up with, um Brianna.
It's just, you worked so well together last time, you know? - All I'm saying - Yes? Is let's try to question him without lying.
It's not lying.
It's creative parsing of fact.
- That's what it is.
- Oh, my god.
You even have a name for it.
- You gotta be kidding me.
- Hey, student loans.
What do you expect me to ride? I don't know, maybe something with four wheels like the rest of us? Here! All right, hop on, cowboy.
I don't think Cruz is innocent.
I know he is.
Yet you put him in prison, Wade.
Who are you guys again? - Just students running a mock trial for.
.
- We're with the national justice project pursuing an appeal for Cruz's sentence.
All right, look, the night we heard about that girl being killed, Cruz phoned me, asked me to back up his alibi that we left together, so I went along with it until the cop said I could be an accessory.
And yet, you think he didn't do it? My guess, he went off with her, made out with her and walked home.
Somebody else killed her.
Okay, well, do you mind if I ask where you were at the time of the murder, Wade? I was at home with my mom.
She had the flu.
I told the police.
Hey, you mind if we get your mom's number? Just to go over a few details.
Yeah, I wish you could.
She died two years ago.
Well, the first year wasn't so bad.
Our lawyer kept telling us that we had a really good shot at the ninth circuit.
- Then we ran out of money.
- That's why you went to law school? Yeah.
I couldn't let my parents die thinking their son was a criminal.
Cruz Salgado? He's in the infirmary.
Oh, my god! Oh, my god! It's nothing.
It's nothing.
This is not okay.
Hey, wasn't he supposed to be in protective custody? What happened here? We found him in his cell that way.
- He didn't say.
- Oh, come on! I know, but we can't do nothing if he won't say.
You know what? That's bull.
You make certain noises to certain inmates, and they cool down.
Nobody did anything.
Well, you can't you just Can't you just ask la nuestra for their protection? - I can't do that.
- Yes, you can.
I do that, they say "knife someone," you knife someone.
They say, "sell drugs," you sell drugs.
I can't see you like this.
You're my brother.
I can't just be out here and do nothing.
I don't want to mislead you, Cruz.
A habeas appeal allows us to present new evidence, but judges are reluctant to grant them.
Well, my sister speaks very highly of you, mr.
Conti.
Actually, he's Conti.
I'm the other one.
- Oh, sorry.
- No, that's that's okay.
So we reviewed your case, and we just want to be sure.
You left the victim at 10:15 P.
M.
with Wade, right? Right.
Wade had to get home to his mom, and I went with him.
And uh, the bruising? How'd you get the bruising? Well, we were playing St.
Tristan the thursday before the murder.
I hit a batter.
It cleared the benches.
And tell me why your prints were on the victim's steering wheel.
We were leaning against her car.
- On the driver's side? - Right, on the driver's side.
I remember reaching in to turn up her music.
I guess I touched her steering wheel.
He's telling the truth.
You're supposed to find evidence that exonerates him.
You have me confused with Swain.
I'm supposed to find evidence that's true.
Look, Miss Quintano, uh, I'm sorry about your brother, but I'm useless to you if I don't investigate this like a cop.
That's how my brother ended up here.
Wade lied to the cops.
Of course he's a suspect.
Oh, come on! The eyewitnesses I.
D-ed a hispanic youth.
- He's white.
- Brianna, they said it was dark.
We need to get a time line on Wade.
Talk to his friends, follow his steps that night.
Sou-min, what did you get from the defense? The police testimony of the two eyewitnesses.
I checked with the businessman.
He holds up.
- Well, I think we should - You don't have to go.
Um, I can order lunch in.
What do you want? Anything, I'm buying.
- Excuse me.
- Conti, I I don't know.
Trust me, you don't want to go out there.
What is she, part of the team now? I didn't get the memo.
It's okay.
You can go.
I'm sorry.
Don't make it a long lunch! Charlie, what are you doing? The film crew could show up any minute, and we're shedding diversity.
He's the guy that fixes the copier.
Well, where are they, Charlie? I mean, where are the A.
A.
s? And where are the latinos? Can we just say "african-americans"? 'Cause it sounds like we're talking about a group of alcoholics, it's weird.
We used to have a model U.
N.
out here and now look at it.
- Well, they got hired away.
- One asian-american! Other firms snap 'em up, you know? - Victoria, where are you going? - I have dental surgery.
No, no, please, Victoria.
Um, not today.
What do you want for lunch? I can order something, like a wrap or something like that.
Just five minutes.
That's all I need.
Thank you.
- Detective Sutherland? - Yeah, that would be me.
Hi, I'm Charles Conti.
I work with the national justice project.
We've been We're taking on the Cruz Salgado appeal, detective.
1998, kid who allegedly ran over that Berkeley girl.
It's not allegedly when they're found guilty.
There have been some accusations against you, detective.
- Have there? - Yeah.
Accusations you set him up.
Just so you know, I don't agree, so Look, slick, you do see I'm working here? Yeah, I do.
I also see you're the secondary.
Primary already took C.
S.
Stats, so you're trying to look busy for the cameras over there.
All right.
Here's the deal.
I'm the closest thing you have to a friend now, detective, so I'd give it a rest.
I give this to I.
A.
D.
, They're gonna have a field day.
- What's that? - Your witness interview form.
Right.
That was a good "get.
" Yeah, but you double-booked it.
I what? At the crime scene, there were probably some inconsistencies between your two witnesses, but when you typed up the summary for the D.
A.
, you edited out the inconsistencies.
So then when the judge ordered you to hand over discovery, you ripped your notes from the back, so there would be no technicalities for the defense to argue against in court.
You trashed the attachment.
See that? That's a staple mark.
1 page report doesn't need a staple, right? So what exactly did they disagree on? Was it the perp, color of his skin? What was it? Oh, I get it.
All right.
Go to hell.
Tell her I'll see her in court.
It's not her I'd worry about slick.
Look, I told the police, I only saw them buying beer.
- Right, right, but, uh - Now who are you? - Uh, we're with - We're reporters just writing a story about that night.
I don't like reporters.
No, well, I mean, we're not newspaper reporters.
No, no, no, no, we are reporters for lawyers, and what we do is we just report back to them, you know, re.
.
- No.
- No? Yeah, that's a nice parsing of fact.
You're so crazy.
So what we're trying to find out is if this guy went off with his friend or this woman.
You know, sir, maybe you remember something about them when they bought the beer or was it busy that night, sir? Take your time.
Sir, that, uh, surveillance camera.
.
is that the same one as eight years ago? Yeah, why? Well, our client needs to prove that he didn't leave with the victim, and that camera is in a perfect position to do it.
Do you have the tape from the night of the murder? Nope.
But the police do, 'cause they took it.
They hid it from the defense.
That's what they did.
Wait a minute.
I'm sorry, sir.
Are you saying that they took that tape as evidence? Was I talking to you? Um, are you saying that the cops took that tape as evidence? That's exactly what I'm saying.
Oh, okay.
Um, thank you.
Thanks.
Really? Did Sutherland take the tape? well, we're gonna need an audit on the evidence room.
All right.
You changed your mind about Sutherland.
Read me the address for the other eyewitness, the, uh, prostitute.
"Kimberly Sparks, 431 Lexington.
" Sobrante Park.
Yeah, you know it? My old beat.
I grew up around the corner.
Where? Myrtle.
I grew up on International.
U're kidding.
That was a tough neighborhood.
My dad had a pizzeria on International.
.
Jay's.
Jay's? I loved that place.
You know, in your witness interview, you and your, uh, client both I.
D.
ed Salgado.
- Do you stand by that? - Oh, yeah.
I mean, it was eight years ago.
Toni, no! Yeah, they're in here day and night selling.
We call 'em sand fleas.
That's why I got Toni.
Hey.
Is there anything else? Uh, yes, yes.
During the police questioning, were there any disagreements between you and your client, like a disagreement about what you saw? Oh, sure, but that cop didn't want to hear it.
I mean this tourist is all Joe Wall Street, and I'm, you know And what did you see that he didn't? - Another car.
- Excuse me? Another car parked behind the first one.
And you're saying the cop didn't want to hear this? Oh, yeah.
He was like, "you sure? It was really dark.
"You sure?" Stop it! Stop it! Conti You feeling nostalgic? Want to arrest a few homeboys for old time's sake? It's got nothing to do with you.
Everything has to do with me.
So from what I hear, I take you down now, cops will give me a medal.
Well, we've got a lot in common.
Just a warning.
You're not my friend.
That means you don't have friends.
Clear? Crystal.
So it was a red Mustang you saw? A mustang or something like that.
I'm not great with cars.
But it was a soft top, you thought? Yeah, that sounds right, two-tone.
Let's go.
A red mustang with a canvas top? - Thanks.
- Sure.
Thanks.
A red car with a canvas top.
You know who drove that? Who? Wade.
Okay, the 72-hour rule no longer applies.
We now own this case.
We have a new theory.
One of the eyewitnesses I.
D.
ed a second car at the scene, possibly Wade's.
- Definitely Wade's.
Hey, why don't you let him talk? Excuse me? Okay, okay.
- Play nice.
- So new question.
Did Wade possibly double back after dropping off Cruz to meet up with Carolyn at Bayshore Park? So we're going to hit two areas.
Number one, the crime scene.
Go through the case files, C.
S.
Photos, look for any sign of Wade.
Uh, tire tracks, footprints.
- I could do that.
- Okay, I'll go with you.
- Great.
Uh, number two, the surveillance tape.
Where are we on that? We've got some bad news.
I heard it's gonna take at least a month to get the evidence room audit.
Seriously? Mm, excuse me.
Who are you? Oh, one of the movers.
Mr.
Swain asked me to join you.
How's it going? It's a stopgap measure, Charlie, For the film crew.
We think they're coming today.
- You think this one? - No.
David, let's get back to our original agreement, okay? I take investigations, you take court.
I hire staff, you stay out of my way.
Mr.
Swain! Brian! Where do you need me? Uh, well, I'm thinking by the front entrance.
- Okay.
- Great.
You need a file.
Here.
Uh, I hired a few temps.
Where are we on Cruz Delgado? 'Cause I heard I might have an apology coming my way.
Well, we're looking into the detective.
Oh, you mean the innocent detective, the one I suggested we look into? He might have misplaced a tape that could prove Cruz's alibi.
What? You think this tape exists? Corrupt cops don't destroy evidence.
It's easier to just mix up the case numbers, let the evidence room dump, it in the wrong box.
We're applying for an audit, but This is perfect, David.
.
police corruption.
This is exactly the issue we want for our press conference.
This is my opportunity to stand up for the latino community.
- Exactly.
- I like it, I like it! David? You go public with this, it becomes an ego thing with the department.
They'll never give up a tape to David Swain.
Let us perform the audit.
- Jim, Susanna! - It's Jon and Brianna.
- Oh, Jon, Brianna! - Uh, yes, sir? - Drop the evidence room audit.
- What? Good, just give me an hour to get some cameras down here.
Uh, no! No press conference.
We need the market owner to complain to Oakland P.
D.
That evidence that they took, they never returned it.
- But they only took the tape.
- No, no.
I think they took the V.
C.
R.
They took the motor.
They took that expensive security system.
Oh, so you mean, uh, lie? I mean that in a good way, of course.
Smart.
Yeah, I have my good days.
David, this is a mistake.
I can get three local stations here in 20 minutes.
Gretta, you know I love you, and it's always a pleasure to find someone more cynical than myself, but the kid had a 93-mile-per-hour fastball.
What are you going to do? So this will help us prove Wade's car was here that night.
This is where they found the body.
What's this? It's a piece of trash or something.
Something.
The bottom of a letter? Some kind of drawing, maybe? - Yeah, Jake, it's - Conti, what am I, working for you, or am I working for the police department? Calm down.
I can't believe what you're having me do.
I just one little thing.
I just need a photo reprinted right to the sprockets.
After everything I did for you last time They got the tape.
They found it in evidence storage.
- Oh, well, it was nothing.
- Yeah, it was literally nothing.
It was just in the next box.
It was misfiled.
They just gave it back to the shop owner.
What do you think of Sonya? I read her appeals.
She's good.
Look, let's just watch the tape, David.
Oh, oh, look, look, look.
- There they are.
- Good, good, good.
Okay.
We are gonna get an alibi.
Right, Carolyn gets in the car, okay.
Wade and Cruz The police didn't need the tape.
Our client is lying.
You lied to me, Cruz.
Yeah, you looked me right in the face, and you lied to me.
I didn't lie about what was important.
What's important? It's not up to you to decide what's important.
I went public with this case.
- You've made me look like an idiot.
- I went off with Carolyn! That's all! I'm not lying about the rest.
Sonya can tell you! I was with her.
But you were at Bayshore Park.
You struggled with her.
No, she kicked me out! We didn't even make it to Bayshore.
I tried to kiss her, she got a call, and she kicked me out! And that's the last I saw of her.
- Your prints are on the wheel? - So what? It was a cool car, all right? - She said I could drive.
- And Wade? He was telling the truth? You phoned him to back up your alibi? Yes.
This is over.
We have more worthy cases.
I'm innocent! I'm innocent! I lied, but I'm innocent! Why? I was afraid.
Mexican kid with a white girl? I wasn't thinking.
- Eight years you lied to me.
- But, Sonya, each appeal, I couldn't go back.
I couldn't tell the truth.
I couldn't disappoint you.
Entiéndame, Sonya.
Sonya, don't be like that.
Look, I have no reason to ask you this.
Please don't go.
Sonya.
.
This only gets worse the more I think about it.
You convinced Kimberly she saw Wade's car.
You wanted her to see - She did.
No, she didn't.
Wade was telling the truth here.
Your brother wasn't.
You're guilty of exactly what you accused Sutherland of doing, forcing the evidence to fit a theory.
- No, he's a racist cop! - No, he's a jerk, but being a jerk doesn't make him a racist.
And what really makes me mad, is that you almost convinced me differently.
Ay, Mentiroso! How dare you not tell me! God! What do you want? You know, you aren't in any position to be pissing people off, let alone someone who wants to help you.
You want to help me? How? Uh, it's something that your brother said.
She kicked him out when she got a call.
Yeah? Carolyn got a phone call before she was killed.
Who phoned her? So 10:13 the night of the murder Carolyn kicks Cruz out of the car after she receives a call, right? From this 4533 north E street.
Okay, good.
That's just up here.
Yeah.
So this isit.
Great.
Okay, all right, let's not freak out.
Conti says that when in doubt, go to the oldest house.
Thank you.
Yeah, II think we got off on the wrong foot.
Brianna.
Sonya.
Yes? Ma'am, the dirt lot across the street.
.
Are you from the city? Yes, yes, we are.
Well, I already told you, kids could get hurt over there.
You got needles.
You got broken glass.
It's not enough just to tear a house down.
It's not? No, the drug dealers are still coming.
Wait, it was a dope house? Miss, I've been phoning you folks for years now.
Yes, dope, drug dealers, noise, needles everywhere.
I thought we were off that.
Oh, yeah, we are.
I got your memo.
You're gonna hire Sonya after all, huh? Yeah.
So when I'm for it, you're against it, and when I'm against it, you're - Yeah.
That's what I thought.
She makes mistakes, but she's smart, you know? - The rest she'll learn.
- David, we've got a problem.
B.
N.
T.
Decided to go another way.
They cancelled the profile.
What? I've got Thompson on the phone.
I need you to talk to him.
I thought I was your hero of the month, man.
We have something.
What is it? The phone call that Carolyn received before she kicked Cruz out of the car.
But we got her phone records.
Right before the murder, she got a call from a dope house.
- Which one? - E street, 4533.
She called five times to this same number within the week before her death, three times in one night and two in another.
It's a drug trademark from a heroin buy.
Whose? Ghetto star named Lindo.
The D.
A.
would love that.
David, what are you doing? We're gonna need the fingerprints from the steering wheel.
Why? They make sense now.
Hey, Jake.
Hey, wait.
Don't make me tackle you.
Jake.
Look, Charlie, Charlie, I got you your reprinted photo.
I checked Wade's prints.
No, no, no, new theory.
The gangs in the Oakland flats, Lindo.
.
he uses minors as lieutenants, as his enforcers to do his dirty work.
You want to know why? - Why? 'Cause 13-year-olds don't do hard jail time.
Cops can't get 'em to flip on their bosses.
So when did I become your own private crime lab? I know, I know.
There's one other thing about minors, one thing that makes 'em hard to catch.
What? Legally, we had to expunge their prints from afis.
Okay, I'm listening.
Those other prints on the steering wheel Yeah? They didn't match anyone in afis eight years ago.
They might today.
He'd have had to commit a crime as an adult.
My guess is a 13-year-old enforcer's still committing crimes.
Come on, Jake, let's take afis for a little spin, huh? See what rap sheet pops out.
Angel Romero.
Love that afis database.
Angel Romero, open up! It's the police! Angel Romero, how you doing? Charles Conti.
Look, Angel, the D.
A.
's willing to make you a deal.
They're willing to try you as a minor.
That's the difference between 8 years and 50 years.
But you've got to give up somebody, somebody higher.
You've got to give us Lindo.
So what's it gonna be? You know what I think? Think this Berkeley girl was a user.
I think that she cheated Lindo, so he had her killed.
You honestly think that all those good white kids from Berkeley are gonna cross the 980 to buy? - She was a dealer.
Come on, man.
They bought from her.
She bought from us.
You saying she was selling? You find that funny? Selling? Detective, man, she was one of our best earners until the bitch started stepping on the product.
She was slipping in baking soda, pocketing the profit.
It's me, yeah.
I'm getting disturbing reports here.
Look, I know what he's saying.
I'd never do that.
- You know it.
- You sure? Stop it! Get out! Get out! Look, I'd never lie to you.
You know that.
- So you swear, there's nothing to it? - The bitch is lying! Look, forget it.
I got a party that needs a dime's worth, and I'm out.
Good.
Where can they meet you? - Let's meet at Bayshore.
- Right.
Bayshore.
Get him outta here.
Okay, buddy, let's go.
So I know I said this before, but, uh, thank you.
Hey, you know, you could have come in.
That's not why I'm here.
- Oh, listen , I really - You want a job? Pays nothing, hard work, zero claim, but Swain thinks you'd be good.
- Have I time to think about it? - No - Then yes! - Good.
Tomorrow morning.
8 A.
M.
Thanks for contributing to the delinquency of minors.
- So what's the celebration? - Oakland A's just signed my boy.
- Congratulations.
- Thank you.
I've got some weed in the glove compartment if you guys want to go hang out at Bayshore.
Sure.
Uh, listen, man, I think I'm going to head home.
She's not into me, man.
Look at her.
All right.
Yeah.
Have fun.
Hold on.
Wait a minute.
Wait.
Stop it! Stop it! Hey, wait! - That's the prosecution's case.
- And your contention? The victim offered to buy beer for my client and his friend.
They talked, they flirted and they parted.
She drove off alone, and that was it.
The friend doesn't support your client's story.
He was pressured by the cops.
- Sonya - Miss Quintano Miss Quintano, the national justice project can only lend its assistance to one appellate lawyer a year, and we've got about a dozen or so more in the lobby to meet, so if you don't mind So if you can just give us something.
We've got to make a case to our bosses, and we can't do that unless we give 'em something new, so if you have I've got 56 depositions here from local latino business owners, day workers and students, and they all say one thing.
They were harassed by Alec Sutherland.
That's the same cop who arrested my client.
Look, my client was railroaded by a racist cop.
Why is everything a debate with you? It's not a debate.
I'm just saying "no.
" It's black network television, Charlie.
- They voted me hero of the month.
- Well, congratulations.
Maybe the camera should follow you around for a week, instead of us, huh? - They just need "b" roll, right? - Yes, "b" roll.
What's "b" roll? If David decides to run for attorney general, he'll need the poc vote, and our informal polling shows - Wait, wait, what? - Poc vote, people of color.
- Our informal polling shows that - She's kidding, right? David only has minimal saturation in the A.
A.
and hispanic communities.
That's why "the hero of the month" segment is so important.
- David, just order him to do it.
- He'll quit.
Let him quit.
Gretta, I love you, and you're a very good political advisor, but you think I make that stuff up in court? "Quintano".
.
is that your last name? My ex-husband's.
Yours? Conti.
I see you've been Salgado's attorney for the last eight years.
Uh, except for the original trial.
And your business address is, 1218 terra garden? Yes.
And Salgado's last residence was, oh, 1218 terra garden.
That's weird.
So either you purchased Salgado's last residence, or, uh, you're related.
He's my brother.
I'm sorry.
Kick it.
Excuse me.
Mr.
Conti, sir.
Do you think I even get a minute if people think I'm the hysterical sister? I have no idea.
They're gonna kill him! Look Three months ago my brother was transferred from Avenal to Mule Creek prison.
Then last week the aryan brotherhood wrote on his cell door "187.
" He won't join a prison gang.
He won't join la nuestra and because of that, now the brotherhood is targeting him.
- Did you talk to the wardens? - Yes, I'm talked to the warden.
And they put him in protective custody, the same place they put the snitches and the child molesters.
So he spends 23 hours a day in total isolation.
An innocent man locked up alone, just so he can stay alive.
It's a prison within a prison.
My brother means more to me than anything in this world, Mr.
Conti, and he's in there, every day, dying.
I'm sorry.
Please, sir, will you just look at the evidence? This cop, this racist cop, he saw a kid who was signed by the A's, a latino kid who was going somewhere, and he just What's his name? Cruz Salgado.
- Which year was he drafted? - 1998.
- Good-looking latino kid.
- He was the third round pick.
He had a 93-mile-per-hour fastball.
Please.
You're my last hope.
This isn't about winning a case.
It's about winning an election.
- Look.
.
- No, no, please don't.
This cop is not a racist.
You're just trying to win votes by playing the race card.
Did you read these depositions, Charlie? Yes, I did, and I can make Mother Teresa look like a racist with questions like those.
All right, look, just for the record, when you're passionate about a case, what do I say, huh? I say, "go for it, Charlie.
" The minute that I feel strongly about something Okay, okay, okay, but we're imposing the 72-hour rule.
The what? If we don't find anything in three days, we kick it.
- You're making that up.
- Yes, I am.
You see, it's What, what? You've got that look on your face.
- What is it? - It's this week, David.
Film crew is coming this week to shoot "b" roll.
Yeah, no, we're okay.
We can shoot in here.
We just can't shoot in the field.
It's black network television.
You're their hero of the month.
What's wrong with this picture? White people.
Cruz Salgado.
40 years to life, murder.
On february 18th, 1998, 11:45 P.
M.
, Alec Sutherland, lead detective in the murder of Berkeley biology major Carolyn Hunter Guy working on one of the cranes saw her car down here idling with the door open, called 911.
Patrol found her body at 10:55.
- Who are these folks? - Uh, witnesses.
Patrol caught them performing a 647-B.
647? Yeah, they admitted seeing a struggle in the victim's car about 10:40.
- They see anything? - They, uh, said it was dark.
Uh, they think they saw a young hispanic male about 5'8".
You get anything on the steering wheel? Yeah, about a half a dozen prints.
We're running them through afis database.
What you got? So get this, Wade.
I was going though the girl's car.
I came across this receipt for Gaffey's liquor.
So I went down there.
I spoke to the owner.
You know what he said? He said that he saw you and your latino friend flirting with that girl.
She bought us beer.
She asked us to go to Bayshore park to get high.
I had to get home.
Cruz came with me.
I want you take a look at that, Wade.
Look at it! You know what you get for accessory to murder? You get 40 years.
You know what you get if you give us latino friend right here, right now? You get a pat on the back, and you get to walk out that door.
So Wade rolled on Cruz Well, no.
At first he said that Cruz left with him.
Then he changed his story, and he said that he went off with Carolyn Hunter.
The alibi witness says Cruz arrives home at 10:30.
Murder happens 10:45, so what contradicts this? What connects Cruz to the scene? There's no DNA.
There's no skin under her fingernails.
Well, there's, uh, the passing businessman and his suspiciously underaged passenger.
Delicately put, Brianna.
Thank you.
Let's review these interview notes and check for - Inconsistencies.
- Good.
Forensic evidence? Cruz's prints on the steering wheel.
How'd they get there, and are they his? - What else, Brianna? - I, uh Signs of a struggle.
Mr.
, Uh, Swain asked me to sit in.
Okay.
Right, the bruising on Cruz.
Okay, suspects.
We're saying Cruz didn't do it, so who did? Both the eyewitnesses say they saw an hispanic youth.
- They also said it was dark.
- And they were probably distracted.
All right, uh, assignments.
I'm gonna go interview the client.
Sou-Min, you get the trial attorney's discovery, please.
Jon, the best friend Wade.
See if he's lying.
Uh, I got a problem.
My car is in the shop.
- What? - The closer, it's in the shop.
Okay, team up with, um Brianna.
It's just, you worked so well together last time, you know? - All I'm saying - Yes? Is let's try to question him without lying.
It's not lying.
It's creative parsing of fact.
- That's what it is.
- Oh, my god.
You even have a name for it.
- You gotta be kidding me.
- Hey, student loans.
What do you expect me to ride? I don't know, maybe something with four wheels like the rest of us? Here! All right, hop on, cowboy.
I don't think Cruz is innocent.
I know he is.
Yet you put him in prison, Wade.
Who are you guys again? - Just students running a mock trial for.
.
- We're with the national justice project pursuing an appeal for Cruz's sentence.
All right, look, the night we heard about that girl being killed, Cruz phoned me, asked me to back up his alibi that we left together, so I went along with it until the cop said I could be an accessory.
And yet, you think he didn't do it? My guess, he went off with her, made out with her and walked home.
Somebody else killed her.
Okay, well, do you mind if I ask where you were at the time of the murder, Wade? I was at home with my mom.
She had the flu.
I told the police.
Hey, you mind if we get your mom's number? Just to go over a few details.
Yeah, I wish you could.
She died two years ago.
Well, the first year wasn't so bad.
Our lawyer kept telling us that we had a really good shot at the ninth circuit.
- Then we ran out of money.
- That's why you went to law school? Yeah.
I couldn't let my parents die thinking their son was a criminal.
Cruz Salgado? He's in the infirmary.
Oh, my god! Oh, my god! It's nothing.
It's nothing.
This is not okay.
Hey, wasn't he supposed to be in protective custody? What happened here? We found him in his cell that way.
- He didn't say.
- Oh, come on! I know, but we can't do nothing if he won't say.
You know what? That's bull.
You make certain noises to certain inmates, and they cool down.
Nobody did anything.
Well, you can't you just Can't you just ask la nuestra for their protection? - I can't do that.
- Yes, you can.
I do that, they say "knife someone," you knife someone.
They say, "sell drugs," you sell drugs.
I can't see you like this.
You're my brother.
I can't just be out here and do nothing.
I don't want to mislead you, Cruz.
A habeas appeal allows us to present new evidence, but judges are reluctant to grant them.
Well, my sister speaks very highly of you, mr.
Conti.
Actually, he's Conti.
I'm the other one.
- Oh, sorry.
- No, that's that's okay.
So we reviewed your case, and we just want to be sure.
You left the victim at 10:15 P.
M.
with Wade, right? Right.
Wade had to get home to his mom, and I went with him.
And uh, the bruising? How'd you get the bruising? Well, we were playing St.
Tristan the thursday before the murder.
I hit a batter.
It cleared the benches.
And tell me why your prints were on the victim's steering wheel.
We were leaning against her car.
- On the driver's side? - Right, on the driver's side.
I remember reaching in to turn up her music.
I guess I touched her steering wheel.
He's telling the truth.
You're supposed to find evidence that exonerates him.
You have me confused with Swain.
I'm supposed to find evidence that's true.
Look, Miss Quintano, uh, I'm sorry about your brother, but I'm useless to you if I don't investigate this like a cop.
That's how my brother ended up here.
Wade lied to the cops.
Of course he's a suspect.
Oh, come on! The eyewitnesses I.
D-ed a hispanic youth.
- He's white.
- Brianna, they said it was dark.
We need to get a time line on Wade.
Talk to his friends, follow his steps that night.
Sou-min, what did you get from the defense? The police testimony of the two eyewitnesses.
I checked with the businessman.
He holds up.
- Well, I think we should - You don't have to go.
Um, I can order lunch in.
What do you want? Anything, I'm buying.
- Excuse me.
- Conti, I I don't know.
Trust me, you don't want to go out there.
What is she, part of the team now? I didn't get the memo.
It's okay.
You can go.
I'm sorry.
Don't make it a long lunch! Charlie, what are you doing? The film crew could show up any minute, and we're shedding diversity.
He's the guy that fixes the copier.
Well, where are they, Charlie? I mean, where are the A.
A.
s? And where are the latinos? Can we just say "african-americans"? 'Cause it sounds like we're talking about a group of alcoholics, it's weird.
We used to have a model U.
N.
out here and now look at it.
- Well, they got hired away.
- One asian-american! Other firms snap 'em up, you know? - Victoria, where are you going? - I have dental surgery.
No, no, please, Victoria.
Um, not today.
What do you want for lunch? I can order something, like a wrap or something like that.
Just five minutes.
That's all I need.
Thank you.
- Detective Sutherland? - Yeah, that would be me.
Hi, I'm Charles Conti.
I work with the national justice project.
We've been We're taking on the Cruz Salgado appeal, detective.
1998, kid who allegedly ran over that Berkeley girl.
It's not allegedly when they're found guilty.
There have been some accusations against you, detective.
- Have there? - Yeah.
Accusations you set him up.
Just so you know, I don't agree, so Look, slick, you do see I'm working here? Yeah, I do.
I also see you're the secondary.
Primary already took C.
S.
Stats, so you're trying to look busy for the cameras over there.
All right.
Here's the deal.
I'm the closest thing you have to a friend now, detective, so I'd give it a rest.
I give this to I.
A.
D.
, They're gonna have a field day.
- What's that? - Your witness interview form.
Right.
That was a good "get.
" Yeah, but you double-booked it.
I what? At the crime scene, there were probably some inconsistencies between your two witnesses, but when you typed up the summary for the D.
A.
, you edited out the inconsistencies.
So then when the judge ordered you to hand over discovery, you ripped your notes from the back, so there would be no technicalities for the defense to argue against in court.
You trashed the attachment.
See that? That's a staple mark.
1 page report doesn't need a staple, right? So what exactly did they disagree on? Was it the perp, color of his skin? What was it? Oh, I get it.
All right.
Go to hell.
Tell her I'll see her in court.
It's not her I'd worry about slick.
Look, I told the police, I only saw them buying beer.
- Right, right, but, uh - Now who are you? - Uh, we're with - We're reporters just writing a story about that night.
I don't like reporters.
No, well, I mean, we're not newspaper reporters.
No, no, no, no, we are reporters for lawyers, and what we do is we just report back to them, you know, re.
.
- No.
- No? Yeah, that's a nice parsing of fact.
You're so crazy.
So what we're trying to find out is if this guy went off with his friend or this woman.
You know, sir, maybe you remember something about them when they bought the beer or was it busy that night, sir? Take your time.
Sir, that, uh, surveillance camera.
.
is that the same one as eight years ago? Yeah, why? Well, our client needs to prove that he didn't leave with the victim, and that camera is in a perfect position to do it.
Do you have the tape from the night of the murder? Nope.
But the police do, 'cause they took it.
They hid it from the defense.
That's what they did.
Wait a minute.
I'm sorry, sir.
Are you saying that they took that tape as evidence? Was I talking to you? Um, are you saying that the cops took that tape as evidence? That's exactly what I'm saying.
Oh, okay.
Um, thank you.
Thanks.
Really? Did Sutherland take the tape? well, we're gonna need an audit on the evidence room.
All right.
You changed your mind about Sutherland.
Read me the address for the other eyewitness, the, uh, prostitute.
"Kimberly Sparks, 431 Lexington.
" Sobrante Park.
Yeah, you know it? My old beat.
I grew up around the corner.
Where? Myrtle.
I grew up on International.
U're kidding.
That was a tough neighborhood.
My dad had a pizzeria on International.
.
Jay's.
Jay's? I loved that place.
You know, in your witness interview, you and your, uh, client both I.
D.
ed Salgado.
- Do you stand by that? - Oh, yeah.
I mean, it was eight years ago.
Toni, no! Yeah, they're in here day and night selling.
We call 'em sand fleas.
That's why I got Toni.
Hey.
Is there anything else? Uh, yes, yes.
During the police questioning, were there any disagreements between you and your client, like a disagreement about what you saw? Oh, sure, but that cop didn't want to hear it.
I mean this tourist is all Joe Wall Street, and I'm, you know And what did you see that he didn't? - Another car.
- Excuse me? Another car parked behind the first one.
And you're saying the cop didn't want to hear this? Oh, yeah.
He was like, "you sure? It was really dark.
"You sure?" Stop it! Stop it! Conti You feeling nostalgic? Want to arrest a few homeboys for old time's sake? It's got nothing to do with you.
Everything has to do with me.
So from what I hear, I take you down now, cops will give me a medal.
Well, we've got a lot in common.
Just a warning.
You're not my friend.
That means you don't have friends.
Clear? Crystal.
So it was a red Mustang you saw? A mustang or something like that.
I'm not great with cars.
But it was a soft top, you thought? Yeah, that sounds right, two-tone.
Let's go.
A red mustang with a canvas top? - Thanks.
- Sure.
Thanks.
A red car with a canvas top.
You know who drove that? Who? Wade.
Okay, the 72-hour rule no longer applies.
We now own this case.
We have a new theory.
One of the eyewitnesses I.
D.
ed a second car at the scene, possibly Wade's.
- Definitely Wade's.
Hey, why don't you let him talk? Excuse me? Okay, okay.
- Play nice.
- So new question.
Did Wade possibly double back after dropping off Cruz to meet up with Carolyn at Bayshore Park? So we're going to hit two areas.
Number one, the crime scene.
Go through the case files, C.
S.
Photos, look for any sign of Wade.
Uh, tire tracks, footprints.
- I could do that.
- Okay, I'll go with you.
- Great.
Uh, number two, the surveillance tape.
Where are we on that? We've got some bad news.
I heard it's gonna take at least a month to get the evidence room audit.
Seriously? Mm, excuse me.
Who are you? Oh, one of the movers.
Mr.
Swain asked me to join you.
How's it going? It's a stopgap measure, Charlie, For the film crew.
We think they're coming today.
- You think this one? - No.
David, let's get back to our original agreement, okay? I take investigations, you take court.
I hire staff, you stay out of my way.
Mr.
Swain! Brian! Where do you need me? Uh, well, I'm thinking by the front entrance.
- Okay.
- Great.
You need a file.
Here.
Uh, I hired a few temps.
Where are we on Cruz Delgado? 'Cause I heard I might have an apology coming my way.
Well, we're looking into the detective.
Oh, you mean the innocent detective, the one I suggested we look into? He might have misplaced a tape that could prove Cruz's alibi.
What? You think this tape exists? Corrupt cops don't destroy evidence.
It's easier to just mix up the case numbers, let the evidence room dump, it in the wrong box.
We're applying for an audit, but This is perfect, David.
.
police corruption.
This is exactly the issue we want for our press conference.
This is my opportunity to stand up for the latino community.
- Exactly.
- I like it, I like it! David? You go public with this, it becomes an ego thing with the department.
They'll never give up a tape to David Swain.
Let us perform the audit.
- Jim, Susanna! - It's Jon and Brianna.
- Oh, Jon, Brianna! - Uh, yes, sir? - Drop the evidence room audit.
- What? Good, just give me an hour to get some cameras down here.
Uh, no! No press conference.
We need the market owner to complain to Oakland P.
D.
That evidence that they took, they never returned it.
- But they only took the tape.
- No, no.
I think they took the V.
C.
R.
They took the motor.
They took that expensive security system.
Oh, so you mean, uh, lie? I mean that in a good way, of course.
Smart.
Yeah, I have my good days.
David, this is a mistake.
I can get three local stations here in 20 minutes.
Gretta, you know I love you, and it's always a pleasure to find someone more cynical than myself, but the kid had a 93-mile-per-hour fastball.
What are you going to do? So this will help us prove Wade's car was here that night.
This is where they found the body.
What's this? It's a piece of trash or something.
Something.
The bottom of a letter? Some kind of drawing, maybe? - Yeah, Jake, it's - Conti, what am I, working for you, or am I working for the police department? Calm down.
I can't believe what you're having me do.
I just one little thing.
I just need a photo reprinted right to the sprockets.
After everything I did for you last time They got the tape.
They found it in evidence storage.
- Oh, well, it was nothing.
- Yeah, it was literally nothing.
It was just in the next box.
It was misfiled.
They just gave it back to the shop owner.
What do you think of Sonya? I read her appeals.
She's good.
Look, let's just watch the tape, David.
Oh, oh, look, look, look.
- There they are.
- Good, good, good.
Okay.
We are gonna get an alibi.
Right, Carolyn gets in the car, okay.
Wade and Cruz The police didn't need the tape.
Our client is lying.
You lied to me, Cruz.
Yeah, you looked me right in the face, and you lied to me.
I didn't lie about what was important.
What's important? It's not up to you to decide what's important.
I went public with this case.
- You've made me look like an idiot.
- I went off with Carolyn! That's all! I'm not lying about the rest.
Sonya can tell you! I was with her.
But you were at Bayshore Park.
You struggled with her.
No, she kicked me out! We didn't even make it to Bayshore.
I tried to kiss her, she got a call, and she kicked me out! And that's the last I saw of her.
- Your prints are on the wheel? - So what? It was a cool car, all right? - She said I could drive.
- And Wade? He was telling the truth? You phoned him to back up your alibi? Yes.
This is over.
We have more worthy cases.
I'm innocent! I'm innocent! I lied, but I'm innocent! Why? I was afraid.
Mexican kid with a white girl? I wasn't thinking.
- Eight years you lied to me.
- But, Sonya, each appeal, I couldn't go back.
I couldn't tell the truth.
I couldn't disappoint you.
Entiéndame, Sonya.
Sonya, don't be like that.
Look, I have no reason to ask you this.
Please don't go.
Sonya.
.
This only gets worse the more I think about it.
You convinced Kimberly she saw Wade's car.
You wanted her to see - She did.
No, she didn't.
Wade was telling the truth here.
Your brother wasn't.
You're guilty of exactly what you accused Sutherland of doing, forcing the evidence to fit a theory.
- No, he's a racist cop! - No, he's a jerk, but being a jerk doesn't make him a racist.
And what really makes me mad, is that you almost convinced me differently.
Ay, Mentiroso! How dare you not tell me! God! What do you want? You know, you aren't in any position to be pissing people off, let alone someone who wants to help you.
You want to help me? How? Uh, it's something that your brother said.
She kicked him out when she got a call.
Yeah? Carolyn got a phone call before she was killed.
Who phoned her? So 10:13 the night of the murder Carolyn kicks Cruz out of the car after she receives a call, right? From this 4533 north E street.
Okay, good.
That's just up here.
Yeah.
So this isit.
Great.
Okay, all right, let's not freak out.
Conti says that when in doubt, go to the oldest house.
Thank you.
Yeah, II think we got off on the wrong foot.
Brianna.
Sonya.
Yes? Ma'am, the dirt lot across the street.
.
Are you from the city? Yes, yes, we are.
Well, I already told you, kids could get hurt over there.
You got needles.
You got broken glass.
It's not enough just to tear a house down.
It's not? No, the drug dealers are still coming.
Wait, it was a dope house? Miss, I've been phoning you folks for years now.
Yes, dope, drug dealers, noise, needles everywhere.
I thought we were off that.
Oh, yeah, we are.
I got your memo.
You're gonna hire Sonya after all, huh? Yeah.
So when I'm for it, you're against it, and when I'm against it, you're - Yeah.
That's what I thought.
She makes mistakes, but she's smart, you know? - The rest she'll learn.
- David, we've got a problem.
B.
N.
T.
Decided to go another way.
They cancelled the profile.
What? I've got Thompson on the phone.
I need you to talk to him.
I thought I was your hero of the month, man.
We have something.
What is it? The phone call that Carolyn received before she kicked Cruz out of the car.
But we got her phone records.
Right before the murder, she got a call from a dope house.
- Which one? - E street, 4533.
She called five times to this same number within the week before her death, three times in one night and two in another.
It's a drug trademark from a heroin buy.
Whose? Ghetto star named Lindo.
The D.
A.
would love that.
David, what are you doing? We're gonna need the fingerprints from the steering wheel.
Why? They make sense now.
Hey, Jake.
Hey, wait.
Don't make me tackle you.
Jake.
Look, Charlie, Charlie, I got you your reprinted photo.
I checked Wade's prints.
No, no, no, new theory.
The gangs in the Oakland flats, Lindo.
.
he uses minors as lieutenants, as his enforcers to do his dirty work.
You want to know why? - Why? 'Cause 13-year-olds don't do hard jail time.
Cops can't get 'em to flip on their bosses.
So when did I become your own private crime lab? I know, I know.
There's one other thing about minors, one thing that makes 'em hard to catch.
What? Legally, we had to expunge their prints from afis.
Okay, I'm listening.
Those other prints on the steering wheel Yeah? They didn't match anyone in afis eight years ago.
They might today.
He'd have had to commit a crime as an adult.
My guess is a 13-year-old enforcer's still committing crimes.
Come on, Jake, let's take afis for a little spin, huh? See what rap sheet pops out.
Angel Romero.
Love that afis database.
Angel Romero, open up! It's the police! Angel Romero, how you doing? Charles Conti.
Look, Angel, the D.
A.
's willing to make you a deal.
They're willing to try you as a minor.
That's the difference between 8 years and 50 years.
But you've got to give up somebody, somebody higher.
You've got to give us Lindo.
So what's it gonna be? You know what I think? Think this Berkeley girl was a user.
I think that she cheated Lindo, so he had her killed.
You honestly think that all those good white kids from Berkeley are gonna cross the 980 to buy? - She was a dealer.
Come on, man.
They bought from her.
She bought from us.
You saying she was selling? You find that funny? Selling? Detective, man, she was one of our best earners until the bitch started stepping on the product.
She was slipping in baking soda, pocketing the profit.
It's me, yeah.
I'm getting disturbing reports here.
Look, I know what he's saying.
I'd never do that.
- You know it.
- You sure? Stop it! Get out! Get out! Look, I'd never lie to you.
You know that.
- So you swear, there's nothing to it? - The bitch is lying! Look, forget it.
I got a party that needs a dime's worth, and I'm out.
Good.
Where can they meet you? - Let's meet at Bayshore.
- Right.
Bayshore.
Get him outta here.
Okay, buddy, let's go.
So I know I said this before, but, uh, thank you.
Hey, you know, you could have come in.
That's not why I'm here.
- Oh, listen , I really - You want a job? Pays nothing, hard work, zero claim, but Swain thinks you'd be good.
- Have I time to think about it? - No - Then yes! - Good.
Tomorrow morning.
8 A.
M.