The Whole Truth (2010) s01e03 Episode Script
Judicial Discretion
Mr.
Bones.
What're you doing when the police stopped your car? Being black.
Objection.
Nonresponsive.
Sustained.
Mr.
Brogan, could you please form your questions in a way your client can answer appropriately? Were you speeding, changing lanes? Driving like my grandma.
The cops had no business planting that gun.
Objection.
Mr.
Bones is is not familiar with the rules of testifying.
Well, perhaps he should find a lawyer who is.
I know the rules.
That search was unconstitutional! So now he's the judge? Look, all I need is a little leeway.
Then I suggest you find another courtroom.
Mr.
Brogan, in my chambers now.
Your honor, I I know my guy is a little out of control Mr.
Brogan, in a moment, two detectives are gonna walk through that door and arrest me for murder, and I want you to defend me.
What, are you kidding? Will you or won't you? Ruben Wright, you're under arrest for murder.
Wh what's going on? What, am I on camera here? Mr.
Brogan, yes or no? Do not question my client except in my presence! Judge, I'll see you at the arraignment.
Your client? I think this hearing is adjourned.
Yo, judge, you and me goin' get together later? A'ight.
Judge Wright is not a murderer.
This is insane.
And I'm supposed to prosecute him? This case was developed by the investigations bureau.
The D.
A.
wants experienced trial counsel in court.
That's fine.
It's great.
Why me? Because he knows you don't mind being disliked.
Excuse me? I think he meant it as a compliment.
Look, Edge, please the decision has been made.
I'm trying to get the case file from investigations.
They got me on hold.
Yeah, I'm sure they do.
All they sent over was a booking sheet.
Charge murder in the second degree.
Alleged victim Murray Rothstein, some lawyer that was shot two weeks ago.
Disconnected.
Okay, Chad, go over there and get it.
We need to see it before the arraignment.
Kathryn, the court clerk just called.
Judge Wright is gonna be arraigned in ten minutes.
What? Professional courtesy.
Judges don't like to see their own spending a night in jail.
Okay.
Everybody wear black tomorrow.
We'll officially be mourning the death of my career.
There you go, judge.
Thanks.
Here you go, sir.
Oh, thank you, Mikey.
Well, if you need anything else, judge, just ask.
Calendar number five The people vs.
Ruben Wright.
Ruben.
Your honor.
Your honor, as the charge is murder, the people request remand.
Seriously? The defendant is a renowned judge with a stellar reputation which has nothing to do with his bail status.
For homicide, remand is the normal request.
Would the District Attorney care to enlighten us as to the evidence that supports this ludicrous charge? As judge Wright himself might inform his attorney, we are not here today to try this case.
Not exactly a winning response, Ms.
Peale.
Bail is granted $100,000.
Thank you, your honor.
May I have 24 hours to raise the money? That's fine.
Release is immediate, based on a promise to post by this time tomorrow.
Did he just get bail on credit? Yep.
Home court advantage.
Court docket number 4-5-7.
.
State vs.
Carlidge.
Your honor, why don't we take you out back? The press is swarming the entrance.
"The Whole Truth: S01E03" "Judicial Discretion" Original Air date 06 October, 2010 Your honor, why don't we take you out back? The press is swarming the entrance.
You've got egg on your face.
Edge, how was I supposed to convince any judge to remand one of their own? No, you actually have egg on your face.
Oh.
There.
Mm.
Thank you.
Who built this case at investigation? Walter Williams.
Ugh.
Sanctimonious insect.
He wants to be mayor one day.
Prosecuting a judge is a great way to get your name in the papers.
Yeah, and I'm sure he's thrilled, just thrilled, to get the case taken away from him.
Well, I wouldn't worry about it.
I'm sure he'll be cooperative.
Ooh.
What's that? A Hamsa.
Guards against the evil eye.
I am calling the D.
A.
personally.
This case should be mine.
Fine.
Let's call him right now.
Oh.
He won't be in his office because his daughter has a horse show.
I tell you what.
Why don't I try his cell? Now you make sure and tell him judge Wright got bail Because you wouldn't send us the case file.
This case should be mine.
We heard.
Mr.
Williams, would you mind enlightening us as to exactly what this case is? You know Eric Santiago? Lower east side drug lord.
His in-house lawyer was Murray Rothstein.
Rothstein was busted two weeks ago for heavy possession ye, screwing around with drugs himself.
He was facing ten years hard time, so he sent out word, he'd make a deal he'd give us Santiago and a judge that Santiago's been bribing for years.
Judge Wright? According to Rothstein.
Whenever one of Santiago's people ended up in judge Wright's courtroom, Santiago would give money to Rothstein, who gave the money to Wright, and the case would go Santiago's way.
So you had Wright on corruption? Dead center, with Murray Rothstein as the star witness.
The only thing is, Rothstein suddenly gets out of jail, and Santiago has him killed.
We have Santiago on tape ordering the hit, so we arrest Santiago.
Now he wants to make a deal.
Yes, he ordered the hit, but it was judge Wright who told him to do it.
Wright even got Rothstein out of jail so the hit man could get to him.
This case is a ground ball.
Do not screw it up.
So we're prosecuting a respected judge for killing Murray Rothstein based on the word of a notorious drug dealer? Yes, which will make us as popular in this courthouse as Romeo at a Capulet family reunion.
They don't get along.
Well, at least we'll have each other.
Right.
So the police had a wiretap on Santiago as part of a drug investigation.
After Rothstein was killed, they reviewed the tapes and found this phone call that Santiago made to judge Wright a few hours after Rothstein was arrested.
Yes? That's judge Wright.
It's Santiago.
Why are you calling me? Murray Rothstein just got popped for drugs.
Dumb son of a bitch.
Maybe you wanna get him out.
Yeah.
Tell him I'll meet him at the Park Central.
Park Central, the hotel? Two minutes after this phone call, judge Wright called arraignments, asked them for a favor would they release Rothstein on his own recognizance? An hour after that, Rothstein was on the street.
An hour later, he was dead.
And the only person who can explain all this is Santiago? Mm-hmm.
A homicidal drug lord our star witness.
So here's the deal in exchange for testifying against Excuse me.
Here's the deal your client tells us everything he knows about judge Wright and Murray Rothstein, and I agree not to send him to the U.
S.
attorney for prosecution under the federal murder-for-hire statute, which carries the death penalty.
Hey.
Lady, I'm giving you a judge.
You don't wanna call her "lady.
" I'm giving you a choice do it my way or die.
You gotta give us something.
He pleads murder 2, minimum 15 years.
Okay, good luck in federal court.
Okay.
Okay.
Uh, Rothstein was the go-between between me and Wright.
They were old buddies, came up through the system together.
And then Wright told you to murder Rothstein, his good buddy? That's your story? Rothstein knew about the bribes.
We knew he might use that to make a deal if he ever got arrested.
So the judge and I agreed if that happened, we'd talk.
The judge would make the call what to do.
"park central" meant kill him.
In what language? The judge's code.
He made it up.
But who actually killed Rothstein? A Dominican hit man.
I still owe him 12 grand for final payment.
Well? Is this a joke? His word and an invisible hit man against a judge? Give it to her.
Murray Rothstein's logbook every bribe, every detail, his handwriting.
Full corroboration.
Enjoy.
Names, dates, details, different inks.
A couple scotch stains.
If this checks out we might actually have a case? What is he doing here? I don't know.
Turning himself in? Greetings, emissaries of the people.
You don't, by any chance, have any evidence in the judge Wright case that you'd like to share with his defense team? Nothing comes to mind.
No.
Oh, wait.
I'm I'm sensing something.
Could it be a logbook? I'll take that as a "yes.
" Release is immediate, based on a promise to post by this time tomorrow.
Did he just get bail on credit? Yep.
Home court advantage.
Danielle, did you check under the dryer? They like heat.
No, you don't need to call the super.
Wait.
How do you know he got in the vent? No, no, no, no.
Don't rip it open.
Danielle! (Sighs) Who's under the dryer? Doug.
Maybe.
Who's Doug? My sons' hamster.
My boys stayed at my place last night, and my ex-wife came to pick them up this morning, and they're refusing to leave because Doug is missing.
On the other hand, it's a great day, people! Kathryn is prosecuting a respected judge on the word of a drug dealer, which makes her public enemy number one, and us kings of the courthouse, baby.
Uh, nice tan.
Thanks.
Spray.
Uh, judge Wright is here.
All right, Lena, file our appearance.
Alejo, let's go meet the client.
You're not gonna lowball this one, right? Hell, no.
This guy's been busting my balls for ten years.
Now he's got some 'splainin' to do.
Why you? Why me? I can't open my mouth in your courtroom without you jumping all over me.
Well, because I know you, Mr.
Brogan.
Because you're annoying, overconfident, because you dress like a clown, because you skirt the edge of every rule of law and evidence, but you win.
Ah.
Mr.
Brogan, I need to win.
Assuming that we take the case, our fee structure is Well, I have to be upfront with you on this.
My finances um, the bills from my deceased wife's battle with cancer, I Don't judges have insurance? The nurses and hospice care.
I took her to Italy because she wanted to see Florence before she died.
Uh, we'll work something out.
About this charge That I murdered Murray Rothstein? It's preposterous.
He was my friend.
Who worked for a drug dealer.
He was a defense attorney.
That was his job.
May I have some water, please? So after Rothstein was arrested, Eric Santiago called you.
Why? He knew that I knew Murray.
Thought I'd want to know.
Maybe he thought he was gonna score points with a judge.
And after Santiago called you, you called arraignments to get Rothstein released? That's right.
I was helping a friend.
It doesn't help that he was shot an hour later.
By Santiago.
I mean, if anything, he used me, and now the fact that they're taking this man's word, I mean, his lies? Mr.
Brogan, I've been a judge at that courthouse for 27 years, and people know me.
Look, it's gonna come down to that call between you and Santiago.
That's all they got to support his story.
I know.
Well, he called me to tell me that Murray was arrested and asked me if I wanted to get him out of jail, and I said that I would and that I would meet Murray later on at the Park Central.
This is a place that he and I used to have dinner.
And what's wrong with two friends having dinner? Next in line.
Next, please.
Brogan's got you filing his paperwork? I'd say that's a gross misuse of your talents.
Thanks.
Hey! We've got a line here.
So sue me.
You're welcome.
Next.
Dinner sometime? Wow.
I guess nothing comes for free anymore.
Whose paperwork are you filing? I'm representing Eric Santiago.
No kidding.
We've got judge Wright.
See? We have a lot to talk about.
Next, please.
No awkward silences between soup and salad.
Well, we could start now If you want.
Wow.
Nothing comes for free anymore.
You might want to tell your boss about a little logbook Murray Rothstein kept.
Next in line, please.
Now do we have a date? Hi.
Even though you've decided to turn this into a charity case, the fringe benefits are considerable.
I just got the adjournment we needed in the Zeller case.
The clerk actually said, "pick a date.
Anything you want.
" From now on, we defend only judges.
How'd it go filing our appearance? Did the clerks shower your path with rose petals? No, but Dan Olin offered to shower me with a few things.
Ooh! No doubt.
You shoot him down? Horse-traded for information.
He's representing Santiago.
Apparently, Murray Rothstein kept a logbook of all his dealings with judge Wright, and Santiago has it.
Rhonda!! Get me Danny boy Olin.
Actually, he phoned while you were out.
He says to meet him at Rikers.
His client wants a word with you.
Ah.
Attention please.
.
If you are a visitor, please have your I.
D.
Ready as you come through the gate.
Greetings, emissaries of the people.
You wouldn't, by any chance, have any evidence in the judge Wright case that you'd like to share with his defense team? Nothing comes to mind.
No.
Oh, yes, I'm sensing something.
Could it be a logbook? You can hand it over voluntarily like a nice prosecutor, or I will be asking for it in court tomorrow, and you know how a judge is gonna rule.
Katie.
Chad.
Jimbo.
What's up? Great ass on your new associate.
Ah.
If she ever wants to change jobs, I'm hiring.
Well, talking about asses, what does your client wanna see me about? He didn't say, but if he tries to drop me and hire you, tell him you're conflicted out.
Uh-huh.
Jimmy Brogan.
You're moving up.
You got your own firm and everything.
Well, thanks to you, I got a client.
You sure you want to be telling those stories about judge Wright? Yeah, they're true.
And they got me a deal with the D.
A.
, which you probably heard.
What do you wanna talk about? I know you're gonna come after me.
Just be careful.
You make me look like a liar, and my deal can go away, and I don't want that to happen.
And you know what? Neither do you.
Why is that? Ill will, bad karma, negativity in the universe.
Keep it on the wall.
.
Yellow line.
Let's move.
By the way? How are the kids, Jimmy? In Jersey with the ex, right? Well, Danielle, Danielle, Danielle, I'll buy the tickets.
Just take the boys and go, please.
I would just feel better with you guys out of town.
Yes.
No.
I'll explain later.
Well Yeah, I'm always careful.
Yeah.
You need any more room? No, I'm good.
All right.
I got it.
I got it.
The central clerk's office just lost my motion papers in three other cases.
I will help them find them.
What is wrong with your neck? Every muscle in it is revolting against me, just like the court staff.
And it doesn't help that Jimmy's being carried around like the lost emperor.
Tina has a heating pad.
It smells like mothballs.
Olin told Jimmy about Rothstein's logbook.
Are you gonna give it to him? He'll get it eventually.
If I don't, I'll probably be held in contempt and killed by a firing squad of judges.
Chad? Hi.
We got him.
We've got judge Wright.
Have you been here all night? I think so.
Look.
I've been through the logbook that we got from Santiago, and I cross-checked names and dates with case files and and court calendars.
Look.
From the logbook "August 20, 2009, $25,000, N.
P.
" August 30, 2009, judge Wright suppresses D.
N.
A.
Evidence against Nicky Price, Santiago lieutenant, in a murder trial.
Price walks.
"N.
P.
" Nicky Price it's his initials.
Chad, we get it.
Okay, 2007, "J.
R.
, $12,000.
" April 21, 2007, judge Wright dismissed a weapons charge against Jose Ruiz.
"F.
B.
, $20,000.
" Nice.
Frankie Berger convicted of a "B" felony, sentenced to only two to six years.
Judge Wright again? Judge Wright, judge Wright, judge Wright, judge Wright.
That's a pattern.
Where's the money? Money? All the bribes where'd the money go to? Oh, I have the judge's bank records here, but (Sighs) there's no unexplained cash deposits.
Then search his apartment.
Thank you.
Let me see the warrant.
Yeah, check right under there.
Everything is in order.
Looking for cash, high-value objects.
What about his jurist of the year award? I'm sure he values that.
Jimmy, I'm not enjoying this.
Just let them get it over with, Mr.
Brogan.
Mm-hmm.
Babe Ruth.
Autographed.
Yeah, I bought that 20 years ago for $400.
And there's a safe in the wall, locked.
Closed container.
You're gonna need another warrant for that.
Not if judge Wright opens it voluntarily.
Ain't gonna happen.
It's up to you, judge.
Open it or we take it with us.
Do not speak to my client.
There's nothing of any value in it anyway.
He declines.
Go ahead.
Take it.
.
All right.
For the civil suit we're gonna file after you are acquitted.
Malicious prosecution, destruction of personal property.
Good.
Smile.
Well, there was one thing in that safe my deceased wife's wedding band.
I suppose the gold is worth something.
We have a problem.
Kathryn turned over the logbook, and there is a pattern.
What logbook? Supposedly kept by Rothstein.
Supposedly listing the bribes that you supposedly were given.
If it's not real, it's a smart fake.
Names and dates match Santiago cases in your courtroom.
Nicky price you excluded D.
N.
A.
Evidence? Ah.
I I remember this one.
Uh, the people couldn't rule out cross-contamination.
I throw out D.
N.
A.
Cases all the time.
Frankie Berger sentenced two to six on a class "B" felony? Well, it was his first conviction.
And he had a positive, uh, sentencing report.
Jose Ruiz you dismissed a weapons charge? Search warrant for the gun was defective.
The D.
A.
Messes up warrants all the time, you know? Like we don't see faulty cases every day? Alejo, if I had a nickel for every sloppy warrant I've fed thrown out Look, the best evidence against you is the taped phone conversation.
The police had a warrant, but like you said, they mess up warrants all the time.
Alejo.
I'll dig that one up.
Nice look.
Nice man purse.
From judge Wright's safe his wife's wedding ring.
"R.
W.
And L.
L.
Love forever.
" Okay, get this back to him now.
This case just gets thinner and thinner.
Well, we still have logbook and the pattern it shows.
And this Murray Rothstein just got popped for drugs.
Dumb son of a bitch.
Maybe you wanna get him out.
Yeah.
Tell him I'll meet him at the Park Central.
How do we convince a jury that "park central" means "murder"? We better make sure they weren't just having dinner there.
Well, if I were there, I would do the water slide with them.
Yeah.
I know you don't like to get wet.
What? No, I didn't send you flowers.
Don't open the door.
Call hotel security, Danielle.
Danielle? Jimmy? What's going on? It's my wife uh, ex-wife in Orlando.
Danielle, don't do that.
Anyone could say they got the wrong room.
Just be careful, please.
Kiss the boys for me.
I know.
You're freaking out because someone sent your ex-wife flowers? Not exactly.
Whew.
Where you going, to seduce a bishop? I'm meeting with Dan Olin for dinner, at the Park Central my idea.
Any thoughts? Well, if he asks you up to see his Haitian art collection, he doesn't have one.
Right.
You're sure you never saw these two here? If I have, not for years.
You say that one's a judge? Yeah.
Sorry.
Thanks.
Heads-up? I'm not interested in Haitian art.
Good thing.
He doesn't have any.
Mm, Kathryn.
You two comparing notes again? The words "logbook" ring a bell? Actually, we're on a date.
You oughta try it sometime.
I only date within my own species.
Oh.
May I help you? "Arnold Rothstein"? Ah, yes, the hotel's tawdry history.
Arnold Rothstein fixed the 1919 world series.
He was murdered in 1928.
He was murdered? Right here at the Park Central.
Judge Wright was a baseball buff.
He knew the gambler that fixed the world series was named "Rothstein" and murdered at the Park Central.
So he made "park central" his code for killing a different Rothstein.
Cute.
Disgusting.
You know, I used to look up to that man.
I.
D.
, please.
I I left it upstairs, Eddie.
Then over there.
This case sucks.
The maitre d' at the park central says he hasn't seen judge Wright and Rothstein there for years.
Kathryn was there, and I'm sure he told her the same thing.
Well, judge Wright did say they used to go there.
Maybe he was planning on renewing the habit.
You think I spent too much? How much? $900.
That's more than we're making on this case.
Take them back.
Something else you want to talk to me about? Yes.
Good news first.
The warrant for Santiago's phone was a total mess.
Insufficient on its face.
That's what I'm talking about! We've got the call to judge Wright thrown out, Kathryn's case goes away.
What's the bad news? The jets lost? The judge who signed the defective warrant.
Oh, "Ruben Wright.
" He signed the warrant for the wiretap that caught him talking to Santiago? Months ago, when Santiago was being investigated for drugs.
He didn't actually sign this.
It's a signature stamp.
His clerk coulda done it.
Either way, if the application's defective, the warrant goes away, the recorded conversation is definitely Admissible.
The defense cannot be allowed to benefit from the defendant's own negligence.
Judge Wright has no memory of even seeing this warrant.
He's constantly flooded with poorly drafted applications from the police department and the district attorney.
And he rejects some and approves others.
The fact that he approved a defective warrant aimed at his own partner in crime was obviously an attempt to get the evidence tossed if their criminality was ever exposed.
Or the honest error of an overworked judge or his overworked clerk.
As you all know, I've been shipped down from New Paltz to hear this case to avoid the conflict of having one of judge Wright's colleagues preside at his trial.
Now I am naturally distressed that a fellow judge has been brought up on such a serious charge.
But I've gotta say, sir, where I come from, we read court documents before we sign them.
He didn't sign it.
It was stamped.
I don't care if he kissed it and left a lipstick mark on it.
The defendant cannot be allowed to profit from his own bad acts.
The taped conversation will be admitted to evidence.
Uh, Ms.
Peale Oh, uh, we can't be talking, sir, without your attorney present.
Ms.
Peale, I I've never taken a bribe.
I've never murdered anyone.
Please, you must believe me.
You're gonna have to tell that to a jury, sir.
After they hear the lies of a drug dealer? Lies that were presented as facts by you? Ms.
Peale, I've always respected you.
You you knew my wife.
Uh, there is other evidence, sir.
Like the so-called pattern? Oh, that could happen to any of us.
I mean, what if, uh, an overzealous prosecutor like Walter Williams took some of your old cases out of context? My cases? I mean, for instance, like, um The Gomez matter.
He worked for Santiago, and you made a mistake, an honest mistake, but Gomez walked.
And what if someone were to say that the mistake you made was not an accident, but that you actually were bribed? Well, then that person would be lying.
Like Santiago is lying about me.
Someone could tell the same lie about you.
Don't you see? This could happen to any one of us.
Are you here to plead with me, judge, or to blackmail me? Ms.
Peale, this case is destroying my life my entire life.
So please just Don't.
Please.
If your client wasn't already on trial for murder, I would charge him with obstruction of justice.
Excuse me? Wh And if I thought for one minute that you knew anything about what he was up to, I would move to get you disbarred.
"Up to"? What's he up to? Are you insane? I did not threaten her.
Now I'm a victim here.
I was just making the point that this could happen to any one of us.
You make that point again, I will walk off the case.
Do you understand? I'm on trial for my life here, Mr.
Brogan.
Now I picked you to save me because I know that you you push the boundaries.
I know you and Ms.
Peale are friends, but right now I need you to do what you do.
If you hurt her feelings because you talk about a mistake she once made, well, she'll get over that, but if you don't, I'll go to prison for a crime I did not commit.
How long have you been the night arraignment clerk, Mr.
Cataldo? 12 years.
Did you receive a call from the defendant on the afternoon of September 8th? Yeah.
Judge Wright called and asked me to take care of his friend Murray Rothstein.
Now around the courthouse, what does "take care of" mean? You know as well as I do, sir.
Yeah, but would you mind explaining to the jury, please? It means help out.
In this case, make sure that Mr.
Rothstein got out without bail.
And is it typical for a man accused of felony weight cocaine possession to be released without bail? It happens.
That's not what I asked.
I asked, is it the norm? No.
Thank you.
Mr.
Cataldo, how are you bearing up? Well, not my favorite seat in the house.
Uh, as an arraignment clerk, how often do you get calls to help people out who've been arrested? I get 'em all the time from judges, lawyers, politicians, sometimes even A.
D.
A.
's.
Then was judge Wright's call to you concerning his friend Murray Rothstein unusual? No.
Normal business.
And is it normal business to take care of someone like that and have that same person shot down in the street an hour later? That was a little unusual.
Thank you.
Okay, Mr.
Santiago, let's get this out of the way.
You are an admitted drug dealer that has made an arrangement to cooperate with my office.
Is that true? Yes.
And you have admitted to hiring a hit man to kill Murray Rothstein.
Is that correct? Yes.
I ordered the hit.
Was it your idea to do that? No.
I called judge Wright, which we agreed I would do if Murray was ever arrested.
And judge Wright told me, "send Murray to the park central," which is a code he made up meaning, kill him to keep him quiet.
Park central being a hotel where another man named Rothstein was killed, meaning kill this Rothstein? Yes.
Correct.
So you're saying that you gave cash payments to Murray Rothstein to give to judge Wright? Yeah, the bribes.
And did you ever see Rothstein give the money to judge Wright? Personally, no.
I never seen it.
How do you know Rothstein wasn't keeping the money and sending it up his nose? The judge kept ruling my guys' way.
You a lawyer, Mr.
Santiago? Yeah.
Right.
And for all you know, those rulings were legally appropriate, weren't they? Well, except for the law of averages, sure.
What in God's name is that? Desperate times call for desperate measures.
Jimmy's putting judge Wright on the stand tomorrow.
So you'll tear him a new one, legally speaking.
You know, you might want to stop pumping before your head pops off.
Do you Remember the Gomez case? Yeah.
You gave immunity to Hector Gomez, but it turned out that he was the killer.
Witnesses lied, cops got it wrong, so you got it wrong.
It happens.
It never happened to you.
Well, after my wife died, my job was all I had.
I would never disgrace my profession.
I never took a bribe, and I never made a ruling that wasn't in accordance with the law.
I certainly never took part in an assassination.
But you did arrange for Murray Rothstein to released from jail? If I had known that he was gonna be killed, I would've locked him in a cell myself.
Murray was, uh Well, he was a troubled soul, but he was my friend.
And you did make a number of legal rulings that favored associates of Eric Santiago? That wasn't why I made them.
You see, the law is a beautiful, impartial construct.
I was just following it when I made those rulings.
I never looked to see who they disfavored or favored.
But to draw a sinister conclusion from an arbitrary pattern Well, that's just wrong.
One could easily make the argument that Ms.
Peale is corrupt, because she once allowed Objection.
An associate of Mr.
Santiago to go free.
Objection! Sustained.
That she should be my co-defendant, not my prosecutor I sustained the objection.
Mr.
Brogan, ask your next question.
Uh, approach, your honor? I submit that past acts made by others that resemble those for which judge Wright is accused should be fair game for the defense.
If those same patterns occurred elsewhere innocently, that is exculpatory.
What pattern? The witness alluded to a single incident.
In in which an associate of Mr.
Santiago's got away with murder, which is far more egregious than anything the defendant is accused of making.
I'll allow it.
No, your honor.
.
It's allowed.
Step back.
Judge Wright, can you tell us about Eric Santiago's associate Hector Gomez? What? Look, Katie, about judge Wright's testimony do you mean the part where he accused me of a major felony, and you helped him do it? Hey, I have an obligation to my client.
Obligation? This case is not an obligation for you.
It's a validation.
Out of all the lawyers in new York, a famous judge picked you, and now you're dancing around in the spotlight like the paid whore he's turned you into.
Look, I came here to explain.
You failed.
Now in the case you were discussing yesterday, a murderer went free because I made a mistake, correct? I was merely making a point.
That a mistake, looked at from a skewed angle, could appear to be corruption? Yes, exactly.
And so when you accepted that call from Eric Santiago, that was a mistake? Well, in hindsight, yes.
And when you called the arraignment clerk, that that was also a mistake? Well, again, in hindsight, yes.
And getting Murray Rothstein out of jail another mistake? Uh, clearly.
And, uh, this eavesdropping warrant that you authorized Yet another mistake? Well, I don't remember.
Perhaps it was.
May I see that? I You know, obviously, Ms.
Peale, if we could do it all over again, you and I would do it differently.
They told you about cash bribes, but they found no money.
They told you about suspicious phone calls, but their own witness told you such calls are common.
I get 'em all the time from judges, lawyers, politicians.
They told you a crazy story about the murder of a gangster 82 years ago.
But the most outrageous thing about this case is the assault on a man with a sterling, lifelong reputation based on the word of an admitted drug lord and murderer.
Yes.
I ordered the hit.
This isn't justice.
This is prosecution run a mock.
Judge Ruben Wright is falsely accused.
In the name of justice itself, which he represents more than anything or anyone else we have seen in this trial, I ask you to bring in a verdict of Guilty.
It's the only verdict that makes sense.
Despite all of the theories and claims that the defense has advanced, this case is really as simple as one, two, three.
One, Eric Santiago calls judge Wright and tells him to get Murray Rothstein out of jail.
Two, judge Wright calls the arraignment clerk and puts Rothstein back out on the streets.
Three Okay, everybody, that's a fire alarm.
Let's get outside calmly.
We'll finish hearing from Ms.
Peale later.
Um, sh shouldn't we maybe be heading outside? There's no fire Chad.
There's no fire, Chad.
You were just kinda gathering steam there.
Yeah.
Well, this sucks, doesn't it? That would be the word.
The defendant will rise.
On the charge of murder in the second degree, how does the jury find? We find the defendant, Ruben Wright, not guilty.
Yes! Yes! Wow.
Well Good work.
Congratulations.
I knew I chose right.
Congratulations.
I'm Mr.
Brogan, congratulations.
Ms.
Peale.
I look forward to seeing you in my courtroom again.
You did the best you could.
He's guilty.
Maybe.
But right now we just move on to the next one, right? Right? Right.
That trip was so cool, dad.
Can we miss school another time, too? Well, I hope not.
Not for a long time anyway.
Okay, kid.
Nice and easy.
Oh.
Oh! Oh! Nice.
Here you go.
Did you ever find my hamster Doug? Did Doug go to heaven? Well, I'm sure he did.
Can you prove it? Yeah, when he was here with you, he was already in heaven.
Come here, you! Come here, you little get him! Hello, judge.
How you doin'? Do I know you? Actually, I'm a friend of Santiago.
I don't know what you're talking about.
Sure you do, judge.
I'm the guy who took care of Rothstein.
I got this off his body the night he died.
It's proof of service.
What do you want? My final payment 12 grand.
Santiago is locked up, so I am here to claim it from you.
Santiago said it was 10.
10 will work, judge, in cash.
All right.
I have it.
Um Just give me an hour.
Where? That's good.
Go get him.
One more thing, judge.
FBI, sir.
.
You are under arrest.
You're wasting your time, Ms.
Peale.
I was acquitted.
There is such a thing as double jeopardy, you know? That was state.
This is federal.
You're being charged under the Rico statute as part of Santiago's criminal enterprise.
It's not murder, but you could still get 20 years.
Here you go.
You might need that.
Bones.
What're you doing when the police stopped your car? Being black.
Objection.
Nonresponsive.
Sustained.
Mr.
Brogan, could you please form your questions in a way your client can answer appropriately? Were you speeding, changing lanes? Driving like my grandma.
The cops had no business planting that gun.
Objection.
Mr.
Bones is is not familiar with the rules of testifying.
Well, perhaps he should find a lawyer who is.
I know the rules.
That search was unconstitutional! So now he's the judge? Look, all I need is a little leeway.
Then I suggest you find another courtroom.
Mr.
Brogan, in my chambers now.
Your honor, I I know my guy is a little out of control Mr.
Brogan, in a moment, two detectives are gonna walk through that door and arrest me for murder, and I want you to defend me.
What, are you kidding? Will you or won't you? Ruben Wright, you're under arrest for murder.
Wh what's going on? What, am I on camera here? Mr.
Brogan, yes or no? Do not question my client except in my presence! Judge, I'll see you at the arraignment.
Your client? I think this hearing is adjourned.
Yo, judge, you and me goin' get together later? A'ight.
Judge Wright is not a murderer.
This is insane.
And I'm supposed to prosecute him? This case was developed by the investigations bureau.
The D.
A.
wants experienced trial counsel in court.
That's fine.
It's great.
Why me? Because he knows you don't mind being disliked.
Excuse me? I think he meant it as a compliment.
Look, Edge, please the decision has been made.
I'm trying to get the case file from investigations.
They got me on hold.
Yeah, I'm sure they do.
All they sent over was a booking sheet.
Charge murder in the second degree.
Alleged victim Murray Rothstein, some lawyer that was shot two weeks ago.
Disconnected.
Okay, Chad, go over there and get it.
We need to see it before the arraignment.
Kathryn, the court clerk just called.
Judge Wright is gonna be arraigned in ten minutes.
What? Professional courtesy.
Judges don't like to see their own spending a night in jail.
Okay.
Everybody wear black tomorrow.
We'll officially be mourning the death of my career.
There you go, judge.
Thanks.
Here you go, sir.
Oh, thank you, Mikey.
Well, if you need anything else, judge, just ask.
Calendar number five The people vs.
Ruben Wright.
Ruben.
Your honor.
Your honor, as the charge is murder, the people request remand.
Seriously? The defendant is a renowned judge with a stellar reputation which has nothing to do with his bail status.
For homicide, remand is the normal request.
Would the District Attorney care to enlighten us as to the evidence that supports this ludicrous charge? As judge Wright himself might inform his attorney, we are not here today to try this case.
Not exactly a winning response, Ms.
Peale.
Bail is granted $100,000.
Thank you, your honor.
May I have 24 hours to raise the money? That's fine.
Release is immediate, based on a promise to post by this time tomorrow.
Did he just get bail on credit? Yep.
Home court advantage.
Court docket number 4-5-7.
.
State vs.
Carlidge.
Your honor, why don't we take you out back? The press is swarming the entrance.
"The Whole Truth: S01E03" "Judicial Discretion" Original Air date 06 October, 2010 Your honor, why don't we take you out back? The press is swarming the entrance.
You've got egg on your face.
Edge, how was I supposed to convince any judge to remand one of their own? No, you actually have egg on your face.
Oh.
There.
Mm.
Thank you.
Who built this case at investigation? Walter Williams.
Ugh.
Sanctimonious insect.
He wants to be mayor one day.
Prosecuting a judge is a great way to get your name in the papers.
Yeah, and I'm sure he's thrilled, just thrilled, to get the case taken away from him.
Well, I wouldn't worry about it.
I'm sure he'll be cooperative.
Ooh.
What's that? A Hamsa.
Guards against the evil eye.
I am calling the D.
A.
personally.
This case should be mine.
Fine.
Let's call him right now.
Oh.
He won't be in his office because his daughter has a horse show.
I tell you what.
Why don't I try his cell? Now you make sure and tell him judge Wright got bail Because you wouldn't send us the case file.
This case should be mine.
We heard.
Mr.
Williams, would you mind enlightening us as to exactly what this case is? You know Eric Santiago? Lower east side drug lord.
His in-house lawyer was Murray Rothstein.
Rothstein was busted two weeks ago for heavy possession ye, screwing around with drugs himself.
He was facing ten years hard time, so he sent out word, he'd make a deal he'd give us Santiago and a judge that Santiago's been bribing for years.
Judge Wright? According to Rothstein.
Whenever one of Santiago's people ended up in judge Wright's courtroom, Santiago would give money to Rothstein, who gave the money to Wright, and the case would go Santiago's way.
So you had Wright on corruption? Dead center, with Murray Rothstein as the star witness.
The only thing is, Rothstein suddenly gets out of jail, and Santiago has him killed.
We have Santiago on tape ordering the hit, so we arrest Santiago.
Now he wants to make a deal.
Yes, he ordered the hit, but it was judge Wright who told him to do it.
Wright even got Rothstein out of jail so the hit man could get to him.
This case is a ground ball.
Do not screw it up.
So we're prosecuting a respected judge for killing Murray Rothstein based on the word of a notorious drug dealer? Yes, which will make us as popular in this courthouse as Romeo at a Capulet family reunion.
They don't get along.
Well, at least we'll have each other.
Right.
So the police had a wiretap on Santiago as part of a drug investigation.
After Rothstein was killed, they reviewed the tapes and found this phone call that Santiago made to judge Wright a few hours after Rothstein was arrested.
Yes? That's judge Wright.
It's Santiago.
Why are you calling me? Murray Rothstein just got popped for drugs.
Dumb son of a bitch.
Maybe you wanna get him out.
Yeah.
Tell him I'll meet him at the Park Central.
Park Central, the hotel? Two minutes after this phone call, judge Wright called arraignments, asked them for a favor would they release Rothstein on his own recognizance? An hour after that, Rothstein was on the street.
An hour later, he was dead.
And the only person who can explain all this is Santiago? Mm-hmm.
A homicidal drug lord our star witness.
So here's the deal in exchange for testifying against Excuse me.
Here's the deal your client tells us everything he knows about judge Wright and Murray Rothstein, and I agree not to send him to the U.
S.
attorney for prosecution under the federal murder-for-hire statute, which carries the death penalty.
Hey.
Lady, I'm giving you a judge.
You don't wanna call her "lady.
" I'm giving you a choice do it my way or die.
You gotta give us something.
He pleads murder 2, minimum 15 years.
Okay, good luck in federal court.
Okay.
Okay.
Uh, Rothstein was the go-between between me and Wright.
They were old buddies, came up through the system together.
And then Wright told you to murder Rothstein, his good buddy? That's your story? Rothstein knew about the bribes.
We knew he might use that to make a deal if he ever got arrested.
So the judge and I agreed if that happened, we'd talk.
The judge would make the call what to do.
"park central" meant kill him.
In what language? The judge's code.
He made it up.
But who actually killed Rothstein? A Dominican hit man.
I still owe him 12 grand for final payment.
Well? Is this a joke? His word and an invisible hit man against a judge? Give it to her.
Murray Rothstein's logbook every bribe, every detail, his handwriting.
Full corroboration.
Enjoy.
Names, dates, details, different inks.
A couple scotch stains.
If this checks out we might actually have a case? What is he doing here? I don't know.
Turning himself in? Greetings, emissaries of the people.
You don't, by any chance, have any evidence in the judge Wright case that you'd like to share with his defense team? Nothing comes to mind.
No.
Oh, wait.
I'm I'm sensing something.
Could it be a logbook? I'll take that as a "yes.
" Release is immediate, based on a promise to post by this time tomorrow.
Did he just get bail on credit? Yep.
Home court advantage.
Danielle, did you check under the dryer? They like heat.
No, you don't need to call the super.
Wait.
How do you know he got in the vent? No, no, no, no.
Don't rip it open.
Danielle! (Sighs) Who's under the dryer? Doug.
Maybe.
Who's Doug? My sons' hamster.
My boys stayed at my place last night, and my ex-wife came to pick them up this morning, and they're refusing to leave because Doug is missing.
On the other hand, it's a great day, people! Kathryn is prosecuting a respected judge on the word of a drug dealer, which makes her public enemy number one, and us kings of the courthouse, baby.
Uh, nice tan.
Thanks.
Spray.
Uh, judge Wright is here.
All right, Lena, file our appearance.
Alejo, let's go meet the client.
You're not gonna lowball this one, right? Hell, no.
This guy's been busting my balls for ten years.
Now he's got some 'splainin' to do.
Why you? Why me? I can't open my mouth in your courtroom without you jumping all over me.
Well, because I know you, Mr.
Brogan.
Because you're annoying, overconfident, because you dress like a clown, because you skirt the edge of every rule of law and evidence, but you win.
Ah.
Mr.
Brogan, I need to win.
Assuming that we take the case, our fee structure is Well, I have to be upfront with you on this.
My finances um, the bills from my deceased wife's battle with cancer, I Don't judges have insurance? The nurses and hospice care.
I took her to Italy because she wanted to see Florence before she died.
Uh, we'll work something out.
About this charge That I murdered Murray Rothstein? It's preposterous.
He was my friend.
Who worked for a drug dealer.
He was a defense attorney.
That was his job.
May I have some water, please? So after Rothstein was arrested, Eric Santiago called you.
Why? He knew that I knew Murray.
Thought I'd want to know.
Maybe he thought he was gonna score points with a judge.
And after Santiago called you, you called arraignments to get Rothstein released? That's right.
I was helping a friend.
It doesn't help that he was shot an hour later.
By Santiago.
I mean, if anything, he used me, and now the fact that they're taking this man's word, I mean, his lies? Mr.
Brogan, I've been a judge at that courthouse for 27 years, and people know me.
Look, it's gonna come down to that call between you and Santiago.
That's all they got to support his story.
I know.
Well, he called me to tell me that Murray was arrested and asked me if I wanted to get him out of jail, and I said that I would and that I would meet Murray later on at the Park Central.
This is a place that he and I used to have dinner.
And what's wrong with two friends having dinner? Next in line.
Next, please.
Brogan's got you filing his paperwork? I'd say that's a gross misuse of your talents.
Thanks.
Hey! We've got a line here.
So sue me.
You're welcome.
Next.
Dinner sometime? Wow.
I guess nothing comes for free anymore.
Whose paperwork are you filing? I'm representing Eric Santiago.
No kidding.
We've got judge Wright.
See? We have a lot to talk about.
Next, please.
No awkward silences between soup and salad.
Well, we could start now If you want.
Wow.
Nothing comes for free anymore.
You might want to tell your boss about a little logbook Murray Rothstein kept.
Next in line, please.
Now do we have a date? Hi.
Even though you've decided to turn this into a charity case, the fringe benefits are considerable.
I just got the adjournment we needed in the Zeller case.
The clerk actually said, "pick a date.
Anything you want.
" From now on, we defend only judges.
How'd it go filing our appearance? Did the clerks shower your path with rose petals? No, but Dan Olin offered to shower me with a few things.
Ooh! No doubt.
You shoot him down? Horse-traded for information.
He's representing Santiago.
Apparently, Murray Rothstein kept a logbook of all his dealings with judge Wright, and Santiago has it.
Rhonda!! Get me Danny boy Olin.
Actually, he phoned while you were out.
He says to meet him at Rikers.
His client wants a word with you.
Ah.
Attention please.
.
If you are a visitor, please have your I.
D.
Ready as you come through the gate.
Greetings, emissaries of the people.
You wouldn't, by any chance, have any evidence in the judge Wright case that you'd like to share with his defense team? Nothing comes to mind.
No.
Oh, yes, I'm sensing something.
Could it be a logbook? You can hand it over voluntarily like a nice prosecutor, or I will be asking for it in court tomorrow, and you know how a judge is gonna rule.
Katie.
Chad.
Jimbo.
What's up? Great ass on your new associate.
Ah.
If she ever wants to change jobs, I'm hiring.
Well, talking about asses, what does your client wanna see me about? He didn't say, but if he tries to drop me and hire you, tell him you're conflicted out.
Uh-huh.
Jimmy Brogan.
You're moving up.
You got your own firm and everything.
Well, thanks to you, I got a client.
You sure you want to be telling those stories about judge Wright? Yeah, they're true.
And they got me a deal with the D.
A.
, which you probably heard.
What do you wanna talk about? I know you're gonna come after me.
Just be careful.
You make me look like a liar, and my deal can go away, and I don't want that to happen.
And you know what? Neither do you.
Why is that? Ill will, bad karma, negativity in the universe.
Keep it on the wall.
.
Yellow line.
Let's move.
By the way? How are the kids, Jimmy? In Jersey with the ex, right? Well, Danielle, Danielle, Danielle, I'll buy the tickets.
Just take the boys and go, please.
I would just feel better with you guys out of town.
Yes.
No.
I'll explain later.
Well Yeah, I'm always careful.
Yeah.
You need any more room? No, I'm good.
All right.
I got it.
I got it.
The central clerk's office just lost my motion papers in three other cases.
I will help them find them.
What is wrong with your neck? Every muscle in it is revolting against me, just like the court staff.
And it doesn't help that Jimmy's being carried around like the lost emperor.
Tina has a heating pad.
It smells like mothballs.
Olin told Jimmy about Rothstein's logbook.
Are you gonna give it to him? He'll get it eventually.
If I don't, I'll probably be held in contempt and killed by a firing squad of judges.
Chad? Hi.
We got him.
We've got judge Wright.
Have you been here all night? I think so.
Look.
I've been through the logbook that we got from Santiago, and I cross-checked names and dates with case files and and court calendars.
Look.
From the logbook "August 20, 2009, $25,000, N.
P.
" August 30, 2009, judge Wright suppresses D.
N.
A.
Evidence against Nicky Price, Santiago lieutenant, in a murder trial.
Price walks.
"N.
P.
" Nicky Price it's his initials.
Chad, we get it.
Okay, 2007, "J.
R.
, $12,000.
" April 21, 2007, judge Wright dismissed a weapons charge against Jose Ruiz.
"F.
B.
, $20,000.
" Nice.
Frankie Berger convicted of a "B" felony, sentenced to only two to six years.
Judge Wright again? Judge Wright, judge Wright, judge Wright, judge Wright.
That's a pattern.
Where's the money? Money? All the bribes where'd the money go to? Oh, I have the judge's bank records here, but (Sighs) there's no unexplained cash deposits.
Then search his apartment.
Thank you.
Let me see the warrant.
Yeah, check right under there.
Everything is in order.
Looking for cash, high-value objects.
What about his jurist of the year award? I'm sure he values that.
Jimmy, I'm not enjoying this.
Just let them get it over with, Mr.
Brogan.
Mm-hmm.
Babe Ruth.
Autographed.
Yeah, I bought that 20 years ago for $400.
And there's a safe in the wall, locked.
Closed container.
You're gonna need another warrant for that.
Not if judge Wright opens it voluntarily.
Ain't gonna happen.
It's up to you, judge.
Open it or we take it with us.
Do not speak to my client.
There's nothing of any value in it anyway.
He declines.
Go ahead.
Take it.
.
All right.
For the civil suit we're gonna file after you are acquitted.
Malicious prosecution, destruction of personal property.
Good.
Smile.
Well, there was one thing in that safe my deceased wife's wedding band.
I suppose the gold is worth something.
We have a problem.
Kathryn turned over the logbook, and there is a pattern.
What logbook? Supposedly kept by Rothstein.
Supposedly listing the bribes that you supposedly were given.
If it's not real, it's a smart fake.
Names and dates match Santiago cases in your courtroom.
Nicky price you excluded D.
N.
A.
Evidence? Ah.
I I remember this one.
Uh, the people couldn't rule out cross-contamination.
I throw out D.
N.
A.
Cases all the time.
Frankie Berger sentenced two to six on a class "B" felony? Well, it was his first conviction.
And he had a positive, uh, sentencing report.
Jose Ruiz you dismissed a weapons charge? Search warrant for the gun was defective.
The D.
A.
Messes up warrants all the time, you know? Like we don't see faulty cases every day? Alejo, if I had a nickel for every sloppy warrant I've fed thrown out Look, the best evidence against you is the taped phone conversation.
The police had a warrant, but like you said, they mess up warrants all the time.
Alejo.
I'll dig that one up.
Nice look.
Nice man purse.
From judge Wright's safe his wife's wedding ring.
"R.
W.
And L.
L.
Love forever.
" Okay, get this back to him now.
This case just gets thinner and thinner.
Well, we still have logbook and the pattern it shows.
And this Murray Rothstein just got popped for drugs.
Dumb son of a bitch.
Maybe you wanna get him out.
Yeah.
Tell him I'll meet him at the Park Central.
How do we convince a jury that "park central" means "murder"? We better make sure they weren't just having dinner there.
Well, if I were there, I would do the water slide with them.
Yeah.
I know you don't like to get wet.
What? No, I didn't send you flowers.
Don't open the door.
Call hotel security, Danielle.
Danielle? Jimmy? What's going on? It's my wife uh, ex-wife in Orlando.
Danielle, don't do that.
Anyone could say they got the wrong room.
Just be careful, please.
Kiss the boys for me.
I know.
You're freaking out because someone sent your ex-wife flowers? Not exactly.
Whew.
Where you going, to seduce a bishop? I'm meeting with Dan Olin for dinner, at the Park Central my idea.
Any thoughts? Well, if he asks you up to see his Haitian art collection, he doesn't have one.
Right.
You're sure you never saw these two here? If I have, not for years.
You say that one's a judge? Yeah.
Sorry.
Thanks.
Heads-up? I'm not interested in Haitian art.
Good thing.
He doesn't have any.
Mm, Kathryn.
You two comparing notes again? The words "logbook" ring a bell? Actually, we're on a date.
You oughta try it sometime.
I only date within my own species.
Oh.
May I help you? "Arnold Rothstein"? Ah, yes, the hotel's tawdry history.
Arnold Rothstein fixed the 1919 world series.
He was murdered in 1928.
He was murdered? Right here at the Park Central.
Judge Wright was a baseball buff.
He knew the gambler that fixed the world series was named "Rothstein" and murdered at the Park Central.
So he made "park central" his code for killing a different Rothstein.
Cute.
Disgusting.
You know, I used to look up to that man.
I.
D.
, please.
I I left it upstairs, Eddie.
Then over there.
This case sucks.
The maitre d' at the park central says he hasn't seen judge Wright and Rothstein there for years.
Kathryn was there, and I'm sure he told her the same thing.
Well, judge Wright did say they used to go there.
Maybe he was planning on renewing the habit.
You think I spent too much? How much? $900.
That's more than we're making on this case.
Take them back.
Something else you want to talk to me about? Yes.
Good news first.
The warrant for Santiago's phone was a total mess.
Insufficient on its face.
That's what I'm talking about! We've got the call to judge Wright thrown out, Kathryn's case goes away.
What's the bad news? The jets lost? The judge who signed the defective warrant.
Oh, "Ruben Wright.
" He signed the warrant for the wiretap that caught him talking to Santiago? Months ago, when Santiago was being investigated for drugs.
He didn't actually sign this.
It's a signature stamp.
His clerk coulda done it.
Either way, if the application's defective, the warrant goes away, the recorded conversation is definitely Admissible.
The defense cannot be allowed to benefit from the defendant's own negligence.
Judge Wright has no memory of even seeing this warrant.
He's constantly flooded with poorly drafted applications from the police department and the district attorney.
And he rejects some and approves others.
The fact that he approved a defective warrant aimed at his own partner in crime was obviously an attempt to get the evidence tossed if their criminality was ever exposed.
Or the honest error of an overworked judge or his overworked clerk.
As you all know, I've been shipped down from New Paltz to hear this case to avoid the conflict of having one of judge Wright's colleagues preside at his trial.
Now I am naturally distressed that a fellow judge has been brought up on such a serious charge.
But I've gotta say, sir, where I come from, we read court documents before we sign them.
He didn't sign it.
It was stamped.
I don't care if he kissed it and left a lipstick mark on it.
The defendant cannot be allowed to profit from his own bad acts.
The taped conversation will be admitted to evidence.
Uh, Ms.
Peale Oh, uh, we can't be talking, sir, without your attorney present.
Ms.
Peale, I I've never taken a bribe.
I've never murdered anyone.
Please, you must believe me.
You're gonna have to tell that to a jury, sir.
After they hear the lies of a drug dealer? Lies that were presented as facts by you? Ms.
Peale, I've always respected you.
You you knew my wife.
Uh, there is other evidence, sir.
Like the so-called pattern? Oh, that could happen to any of us.
I mean, what if, uh, an overzealous prosecutor like Walter Williams took some of your old cases out of context? My cases? I mean, for instance, like, um The Gomez matter.
He worked for Santiago, and you made a mistake, an honest mistake, but Gomez walked.
And what if someone were to say that the mistake you made was not an accident, but that you actually were bribed? Well, then that person would be lying.
Like Santiago is lying about me.
Someone could tell the same lie about you.
Don't you see? This could happen to any one of us.
Are you here to plead with me, judge, or to blackmail me? Ms.
Peale, this case is destroying my life my entire life.
So please just Don't.
Please.
If your client wasn't already on trial for murder, I would charge him with obstruction of justice.
Excuse me? Wh And if I thought for one minute that you knew anything about what he was up to, I would move to get you disbarred.
"Up to"? What's he up to? Are you insane? I did not threaten her.
Now I'm a victim here.
I was just making the point that this could happen to any one of us.
You make that point again, I will walk off the case.
Do you understand? I'm on trial for my life here, Mr.
Brogan.
Now I picked you to save me because I know that you you push the boundaries.
I know you and Ms.
Peale are friends, but right now I need you to do what you do.
If you hurt her feelings because you talk about a mistake she once made, well, she'll get over that, but if you don't, I'll go to prison for a crime I did not commit.
How long have you been the night arraignment clerk, Mr.
Cataldo? 12 years.
Did you receive a call from the defendant on the afternoon of September 8th? Yeah.
Judge Wright called and asked me to take care of his friend Murray Rothstein.
Now around the courthouse, what does "take care of" mean? You know as well as I do, sir.
Yeah, but would you mind explaining to the jury, please? It means help out.
In this case, make sure that Mr.
Rothstein got out without bail.
And is it typical for a man accused of felony weight cocaine possession to be released without bail? It happens.
That's not what I asked.
I asked, is it the norm? No.
Thank you.
Mr.
Cataldo, how are you bearing up? Well, not my favorite seat in the house.
Uh, as an arraignment clerk, how often do you get calls to help people out who've been arrested? I get 'em all the time from judges, lawyers, politicians, sometimes even A.
D.
A.
's.
Then was judge Wright's call to you concerning his friend Murray Rothstein unusual? No.
Normal business.
And is it normal business to take care of someone like that and have that same person shot down in the street an hour later? That was a little unusual.
Thank you.
Okay, Mr.
Santiago, let's get this out of the way.
You are an admitted drug dealer that has made an arrangement to cooperate with my office.
Is that true? Yes.
And you have admitted to hiring a hit man to kill Murray Rothstein.
Is that correct? Yes.
I ordered the hit.
Was it your idea to do that? No.
I called judge Wright, which we agreed I would do if Murray was ever arrested.
And judge Wright told me, "send Murray to the park central," which is a code he made up meaning, kill him to keep him quiet.
Park central being a hotel where another man named Rothstein was killed, meaning kill this Rothstein? Yes.
Correct.
So you're saying that you gave cash payments to Murray Rothstein to give to judge Wright? Yeah, the bribes.
And did you ever see Rothstein give the money to judge Wright? Personally, no.
I never seen it.
How do you know Rothstein wasn't keeping the money and sending it up his nose? The judge kept ruling my guys' way.
You a lawyer, Mr.
Santiago? Yeah.
Right.
And for all you know, those rulings were legally appropriate, weren't they? Well, except for the law of averages, sure.
What in God's name is that? Desperate times call for desperate measures.
Jimmy's putting judge Wright on the stand tomorrow.
So you'll tear him a new one, legally speaking.
You know, you might want to stop pumping before your head pops off.
Do you Remember the Gomez case? Yeah.
You gave immunity to Hector Gomez, but it turned out that he was the killer.
Witnesses lied, cops got it wrong, so you got it wrong.
It happens.
It never happened to you.
Well, after my wife died, my job was all I had.
I would never disgrace my profession.
I never took a bribe, and I never made a ruling that wasn't in accordance with the law.
I certainly never took part in an assassination.
But you did arrange for Murray Rothstein to released from jail? If I had known that he was gonna be killed, I would've locked him in a cell myself.
Murray was, uh Well, he was a troubled soul, but he was my friend.
And you did make a number of legal rulings that favored associates of Eric Santiago? That wasn't why I made them.
You see, the law is a beautiful, impartial construct.
I was just following it when I made those rulings.
I never looked to see who they disfavored or favored.
But to draw a sinister conclusion from an arbitrary pattern Well, that's just wrong.
One could easily make the argument that Ms.
Peale is corrupt, because she once allowed Objection.
An associate of Mr.
Santiago to go free.
Objection! Sustained.
That she should be my co-defendant, not my prosecutor I sustained the objection.
Mr.
Brogan, ask your next question.
Uh, approach, your honor? I submit that past acts made by others that resemble those for which judge Wright is accused should be fair game for the defense.
If those same patterns occurred elsewhere innocently, that is exculpatory.
What pattern? The witness alluded to a single incident.
In in which an associate of Mr.
Santiago's got away with murder, which is far more egregious than anything the defendant is accused of making.
I'll allow it.
No, your honor.
.
It's allowed.
Step back.
Judge Wright, can you tell us about Eric Santiago's associate Hector Gomez? What? Look, Katie, about judge Wright's testimony do you mean the part where he accused me of a major felony, and you helped him do it? Hey, I have an obligation to my client.
Obligation? This case is not an obligation for you.
It's a validation.
Out of all the lawyers in new York, a famous judge picked you, and now you're dancing around in the spotlight like the paid whore he's turned you into.
Look, I came here to explain.
You failed.
Now in the case you were discussing yesterday, a murderer went free because I made a mistake, correct? I was merely making a point.
That a mistake, looked at from a skewed angle, could appear to be corruption? Yes, exactly.
And so when you accepted that call from Eric Santiago, that was a mistake? Well, in hindsight, yes.
And when you called the arraignment clerk, that that was also a mistake? Well, again, in hindsight, yes.
And getting Murray Rothstein out of jail another mistake? Uh, clearly.
And, uh, this eavesdropping warrant that you authorized Yet another mistake? Well, I don't remember.
Perhaps it was.
May I see that? I You know, obviously, Ms.
Peale, if we could do it all over again, you and I would do it differently.
They told you about cash bribes, but they found no money.
They told you about suspicious phone calls, but their own witness told you such calls are common.
I get 'em all the time from judges, lawyers, politicians.
They told you a crazy story about the murder of a gangster 82 years ago.
But the most outrageous thing about this case is the assault on a man with a sterling, lifelong reputation based on the word of an admitted drug lord and murderer.
Yes.
I ordered the hit.
This isn't justice.
This is prosecution run a mock.
Judge Ruben Wright is falsely accused.
In the name of justice itself, which he represents more than anything or anyone else we have seen in this trial, I ask you to bring in a verdict of Guilty.
It's the only verdict that makes sense.
Despite all of the theories and claims that the defense has advanced, this case is really as simple as one, two, three.
One, Eric Santiago calls judge Wright and tells him to get Murray Rothstein out of jail.
Two, judge Wright calls the arraignment clerk and puts Rothstein back out on the streets.
Three Okay, everybody, that's a fire alarm.
Let's get outside calmly.
We'll finish hearing from Ms.
Peale later.
Um, sh shouldn't we maybe be heading outside? There's no fire Chad.
There's no fire, Chad.
You were just kinda gathering steam there.
Yeah.
Well, this sucks, doesn't it? That would be the word.
The defendant will rise.
On the charge of murder in the second degree, how does the jury find? We find the defendant, Ruben Wright, not guilty.
Yes! Yes! Wow.
Well Good work.
Congratulations.
I knew I chose right.
Congratulations.
I'm Mr.
Brogan, congratulations.
Ms.
Peale.
I look forward to seeing you in my courtroom again.
You did the best you could.
He's guilty.
Maybe.
But right now we just move on to the next one, right? Right? Right.
That trip was so cool, dad.
Can we miss school another time, too? Well, I hope not.
Not for a long time anyway.
Okay, kid.
Nice and easy.
Oh.
Oh! Oh! Nice.
Here you go.
Did you ever find my hamster Doug? Did Doug go to heaven? Well, I'm sure he did.
Can you prove it? Yeah, when he was here with you, he was already in heaven.
Come here, you! Come here, you little get him! Hello, judge.
How you doin'? Do I know you? Actually, I'm a friend of Santiago.
I don't know what you're talking about.
Sure you do, judge.
I'm the guy who took care of Rothstein.
I got this off his body the night he died.
It's proof of service.
What do you want? My final payment 12 grand.
Santiago is locked up, so I am here to claim it from you.
Santiago said it was 10.
10 will work, judge, in cash.
All right.
I have it.
Um Just give me an hour.
Where? That's good.
Go get him.
One more thing, judge.
FBI, sir.
.
You are under arrest.
You're wasting your time, Ms.
Peale.
I was acquitted.
There is such a thing as double jeopardy, you know? That was state.
This is federal.
You're being charged under the Rico statute as part of Santiago's criminal enterprise.
It's not murder, but you could still get 20 years.
Here you go.
You might need that.