Raising the Bar (2008) s01e07 Episode Script
A Leg to Stand On
Morning, Trey.
Is it? How good? "Misdemeanor-and-time-served" good? More than that ain't good.
- DA's willing to take the minimum.
- As charged.
- Yes.
- Like I'm gonna do ten years for the crime of being home with my wife and babies? - I had to present the offer.
- It's my mug shot in the book.
I ain't looked like that since the first time I went inside, before I was old enough to drink legal, Jerry.
Man, faces change.
Men change.
You don't have to tell me you're not who you were.
They sliced another year off my life because some pink-assed college boy couldn't roll his eyeballs long enough to just see the face above the gun.
I ain't sayin' he's evil, evil he been puttin' on me and my family - The DA won't sweeten the deal.
- My sons need a father.
They don't need some jumpsuit in a visitors' room like mine was.
I know how hard you've worked to stay straight since you got out.
You know, if I'd have pointed a gun and pulled the trigger, I would've stopped the clock on college boy.
There would be no witness.
Attempted murder? Pathetic.
Not a point I'm gonna try to make in your defense.
The jury, they gonna wanna believe that I did it as soon as they sit down.
Look at me.
I see a guy who was home with his wife and kids.
Heroin does not make you a menace to anybody except yourself.
- And people who love you.
- Talk to my brother? - No.
Does he live here? - He's my landlord.
Excuse me.
Itchy blood.
Twelve hours out.
- Sugar helps with that.
- Thanks.
- You know what's coming.
- Withdrawal I can handle.
I'm not so good with the pain in my leg.
My ex-leg.
My brain is a slow learner.
It keeps trying to run the bases.
Please don't say you're sorry.
That is the worst.
How long ago? - One year, two months, six days.
You almost said it, didn't you? I don't care about my leg.
That's mechanical.
I can walk around on titanium.
So I don't look quite as good naked, but at the VA, lemme tell you, I am an object of envy! Sixty bags of heroin is a lot of white.
National Guard, Anwar Desert.
Thought you didn't want sympathy.
Getting it out of the way.
The 60 bags were all for me.
How much I use every month.
- The VA has programs - I don't need detox, I need heroin.
- I know - No, you don't! All right? Heroin is the only pain med that actually works.
They tried everything on me.
It's a bitch to treat nerve paths that don't exist.
Those got left behind in the sand for the lizards.
- I'm not a drug dealer.
- You're a bulk buyer.
Once a month, when my check comes.
I thought I was reducing the risk.
Still puts you over the limit for possession.
Hey, nobody plans to get caught.
I'm under the happy impression that this is a one witness ID case, thus a very short trial.
Do either of you plan to disappoint me? The People intend to call only two witnesses.
The complainant and arresting officer.
So far, so good.
Mr.
Kellerman? Pursuant to the court of appeals decision in People v.
LeGrand, I'm moving to admit the testimony of two experts to challenge the validity of the identification.
Both professors in social psychology - One isn't enough? - It might be.
If you bar the People from letting the complainant testify - he was certain about the ID.
- He is certain.
If being certain and right had anything to do with each other, - we'd have found WMDs in Iraq.
- Always entertaining.
Come up.
The science supports me on this.
Not to mention the US Congress.
Yes, Your Honor.
If a witness tells the jury he's absolutely sure, then the jurors believe he's absolutely right.
But certainty only proves certainty, not accuracy.
Precedent.
In State v.
Broades, Georgia Supreme Court I don't wanna hear.
Unless confidence was judged at the time of the crime, - it was irrelevant.
- You're like a runaway horse.
Whoa.
I don't want this hearing to last longer than the trial.
What's the nature of the testimony of your other expert? Briefly, if you can.
Since the defendant is black and the witness is white, - cross-racial identification - That we all look alike? Shameless.
It's a two-way street.
Research shows there's twice as many mistakes when a person from any ethnic group is identifying someone from another ethnic group.
LeGrand is on point.
Will you be introducing physical evidence, Mr.
McGrath? No, Your Honor.
No forensics? No property? No weapon? I have a credible victim who knows what he saw.
Yeah, after the police juiced the ID.
It's not too late for a disposition, counselors.
We're talking about an innocent man here! I'm very familiar with the vagaries of eyewitness identification.
He shouldn't have to do time for something he didn't do just to speed up the court's calendar.
Ah, the Kellerman magic.
I thought I was in trouble until you decided to piss on the judge.
You can't help yourself, one man's curse is another's blessing.
You've already lost.
You not hear the man? "I'm very familiar with the vagaries of eyewitness identification.
" Vagaries, Marcus.
Beautiful word.
Juries don't come with a dictionary.
They're gonna listen with their hearts.
They're not gonna be sure they can ID their own grandmother.
You're making it hard to be nice.
I could drop a count.
C and Seven? - Out of the kindness of my heart.
Not exactly.
- The judge was giving me a message.
- And some people hear God.
- You know Meade's pro-defense.
- I'd call him reasonable.
- Don't let that make you overconfident.
- Thinking bench trial.
- Think hard.
- I know, I know.
Jury's not going to like my guy just because I do.
If they believe the victim, I got zip to stop the door from slamming.
- We lose those cases all the time.
- Have to shake the ID.
If Meade agrees to the bench trial, he's saying he doesn't trust civilians.
There's a reason for 12 in the box instead of one on the bench.
It means he's willing to acquit.
Maybe.
Talk to your client.
- He'll do what I tell him.
- Oh.
No, he trusts my advice.
- Big responsibility, Jerry.
- Tell me something I don't know.
- You have a good offer on the table.
- Yeah, would you want it? I might.
If I got hit with the high end.
No.
Nope.
Judge gave me the wink.
That's why Marcus dropped the count.
Trying the case to a jury might actually qualify as malpractice.
You're so dramatic.
Miss Landis? - Richard Woolsley.
- My hero.
Usually I would say, "Pleased to meet you," - except for the circumstances.
- Yeah, not ideal.
You're thinking, "What's she have on?" and trying to figure out a way to ask why.
- OK, why? - I'm a burlesque dancer.
OK, well, I'm neo-burlesque.
But yes I do take it off.
- But not all off.
- Correct.
You've been.
Why don't we talk about what happened last night? Now you're charged with misdemeanor assault.
It's a cabaret.
It's not a strip joint.
You don't try to yank off a girl's tassel.
That's rude! Oh, my God.
And painful, can I tell you? - How'd the guy get close? - I was carrying the tip tray.
- In pasties.
- Like it's my fault, counselor? No.
I'm just trying to understand what happened.
What happened is an excess of alcohol, which is in no way an excuse.
His buddy had the nerve to call 911! I said, "I'm the victim!" I was sexually assaulted! All I did was defend myself vigorously.
Hence, the cross complaint.
I can give you a witness.
Our emcee, Sister Frank.
If he hadn't intervened, I might've caused more than a nosebleed.
We're not gonna need Frank.
We can make this go away today.
Adjournment in contemplation of dismissal? Not your first time in the system? Mmm, or maybe I'm a law student.
- Are you? - Actually, yeah.
Second year at Fordham Law.
I'd tell you that I dance to help pay the tuition, but that wouldn't be the whole truth and nothing but, which is I dance because I like it.
So where did you go to law school? This is a non-violent felony.
Sergeant Crawford is a decorated war hero, disabled while serving his country in Iraq.
Sadly enough, like so many of our soldiers, who have not been arrested with large amounts of heroin.
He poses no threat to the community.
He has family.
His brother's here for him today.
The presence of family in his life hasn't kept this man out of my courtroom, has it? Sgt.
Crawford requires treatment that can't be provided in custody.
What treatment would that be? Pain medication.
Sergeant suffers from phantom limb pain as a result of the loss of his leg in desert combat.
Bail is set at 3,000 dollars, per the request of the People.
Mark this card for medical attention.
And methadone, Your Honor.
You see the kind of shape he's in.
I've been there with him.
I've held him in my arms when he's screaming in pain from a leg that he doesn't have anymore.
They can't fix that.
Only a fix can fix that.
You know, I used to hate drugs, drug dealers.
Now I'm grateful.
Hey, thanks, America! Mr.
Crawford, is there any possibility of posting bail? - How much would I have to put up? - All of it.
The whole 3,000? What the hell is a bail bondsman for then? Bigger numbers.
Just the fee, that's 1,000 dollars, you'd still have to collateralize.
With what? I mean, even if I sold my car, maybe I'd get about 1,200 bucks and then how do I get to my second job? I can ask a different judge to review the bail, but it's not gonna go down to zero with this charge against him.
Imagine your leg roasting alive on a barbecue 24/7 and the only thing that helps happens to be illegal.
What would you do? Whatever I had to.
You know, you should've seen him before.
He was a stud.
I was jealous.
Varsity baseball player.
Could have just about any girl he wanted.
And his laugh - You would've have liked 'em.
- I like him now.
Yeah.
But you won't get to hear him laugh.
No, no, no.
Hold on.
Hold on.
Wait.
Back up, OK? What do you mean "give up my rights? " - The right to be convicted.
So are you sayin' the judge is gonna send me home? I usually trust juries more than judges 'cause jurors live out in the real world.
I have to reach one out of 12.
Bench trial, it's one out of one.
So how's this a good thing all of a sudden? 'Cause the judge seems to be leaning our way.
He knows that solo IDs are tricky, right? He said so on the bench.
Or you can eat the seven the DA's offering.
I'd take seven if I'd done the crime, man.
But seven years for somethin' I didn't do? You know, miss my boys' entire childhood, man? That's too bitter, man.
I haven't had so much as a misdemeanor since I been out.
You know.
I been moppin' hallways so I can support my family without a gun all day long.
Trey, a jury can make seven look good.
I hear what you're saying, man.
- Let's do it.
- There's no going back.
Waiving your right by trial jury is not grounds for an appeal.
Hey, if we win, who needs an appeal, right? - All right, man.
- OK.
- Still no disposition, counselors? - No, Your Honor.
Going going gone.
All right.
Send up the jury panel.
Actually, you can cancel the jury.
Mr.
Hansen has opted to waive his right to a jury and requests a bench trial.
The pace just picked up.
Thanks for the courtesy.
Appreciate it.
You didn't check your messages.
Mr.
Hansen, have you had adequate time and opportunity to confer with your attorney about relinquishing your constitutional right to a jury? Yes, Your Honor.
- Take your time, Mr.
Hansen.
- No, I get it, judge.
Aw.
Come on.
You're acting like a girl who got felt up on a couch.
I called you.
Your phone was off.
- Happens to be a courthouse regulation.
You don't like to be distracted, but that's not my fault.
I'm gonna check my missed calls and there had better be one from you.
You're hurting my feelings here.
See? Huh? Where's my apology? - Jerry.
- Yeah? Hey.
Who's hearing bail writs? I need a bail review in front of a judge.
That would be the Lady Kessler.
You have my condolences.
- It doesn't hurt to try.
- I love an optimist.
Not enough of us.
Maybe the judge'll like me more than you.
I set a pretty low standard.
Hard to do worse.
And how does our judge feel about you, Jerry? I never have a problem with a fair judge and Meade's fair.
- We're in good shape.
- I'd have liked a word with my husband before he signed away all his rights on your say-so.
Have I ever let him down? He'll be the one that does the time, not you.
And this was absolutely the best choice we had.
I'm trying to bring him home, Kameela OK? It came to me that you don't get paid more for a jury trial, but it takes up more of your time.
That what you think? I sold him out to save time? I think people listen to their own self-interest, Jerry.
Even good people.
OK, my self-interest needs me to win.
And it's not a win if an innocent man gets convicted.
I'm not asking you to believe me, but I'm doing the very best I can for Trey.
This is the longest day, and it's only lunchtime.
I'm ready for a niacin boost.
Oh, uh, you got a phone call from Ed Kilmer's office.
They wanted to know if it was all right if he stopped by around 2:00.
- Did he say what about? - I told him you'd be in court.
Call him back.
Tell him I'd be delighted to see him at 2:00.
- That's what recesses are for.
- So who is he? - Jealous? - Absolutely.
He's the power hub of the five boroughs.
- Does that come with a job title? - Yeah, favor broker.
When Ed Kilmer calls, the answer's yes.
You don't wait for the question.
Which makes him the second sexiest man I know.
If you're nice I'll introduce you.
Go make the call.
After everything else your client has lived through, a few days on Rikers won't challenge him.
The medical facility on the island isn't equipped to handle Mr.
Crawford's war injury.
If he were ROR'ed, he could be treated at the VA.
How often does he go? Once a week, once a month? - As needed, judge.
- All right.
When was the last time he received treatment at the VA? - Just forget it, OK? - I don't have that information.
What a shame.
You give me no reason to second guess the judgment of a colleague.
Do the People support the Defense request for an ROR? The People believe the bail set is appropriate to the seriousness of the charge.
- As it stands.
- Yes, Your Honor.
You see your task, Miss Ernhardt.
You have Lemme do the math.
98 hour Oh, correction.
You have 97 hours before the grand jury expires on this case.
Be efficient.
Motion denied.
Call a recess.
But I haven't Need me to read the record back to you? I already ruled.
- Call it.
- Court is recessed.
Ed, this is my law clerk, Charlie Sagansky.
Columbia Law Review.
Lucky you.
- I'd like you to meet Ed Kilmer.
- How do you do? - How do you do? - "Sagansky," like it sounds? - Yes, sir.
This is a man to watch, Ed.
Trudy's opinion means a lot to me.
She's notoriously hard to please.
That's a compliment.
Your war hero got picked up with 60 decks of heroin and 500 dollars.
- He cashed his disability check.
- To buy his inventory.
Not for resale! It's all personal use.
I've done the research on phantom limb pain.
Save it for court.
Or we listen to Kessler, be efficient.
Skip the grand jury.
Misdemeanor possession, time served.
Wow.
All two days since he got busted? - They've been long days.
- He's working you, Bobbi.
Mike got his leg blown off for his country.
He wants to cook two bags of heroin a day to medicate for the pain and trauma, Who's the victim? - Who are you protecting? - Down, girl.
Down.
We're a more sedate bunch than you're used to at the PD's office.
Nick Balco, Bobbi Gilardi.
Well, nobody told me you were pretty.
Competition for queen of the hill, huh? It's his sense of humor.
Just give me the misdemeanor and get rid of me.
On a felony with a prior conviction? Join the real world.
Come on, that was a mutual combat in a bar fight.
Mike was trying to help a chick from being hassled.
Attempted assault two, conditional discharge, not a day in jail.
Army gave a waiver, which wasn't a kindness, as it turned out.
Bless his patriotic heart.
I know he served the nation - Please don't be snide.
- I'll come down to a C and a two.
That's the minimum with his prior.
I'm not walking this guy.
And there goes your weekend, 'cause Monday, Mike's testifying.
- Adiós, Charlie.
- Pleasure to meet you.
Do you know he can say something polite in at least 12 languages spoken by voters? - Oh Now you're sulking.
- No.
You think I treated you like hired help.
We're usually on the same side of the door.
This was personal.
Will you call Albert Meade? Ask if he can join me for drinks tonight.
- Judge Meade? - Yeah.
We're old friends.
- Not really.
- If you want to be a judge, you're gonna need to know that politics is part of the job, and vice versa.
Kilmer asked me to pass along a request.
It's nothing complicated.
He didn't strike me as shy.
Why you? What is it with attorneys? We're so adversarial.
Meaning you're not gonna tell me.
Meaning that the problem with secrets is once you share them, they're no longer secrets.
Albert, hi! Thanks for coming out to play.
My pleasure, Trudy.
- What you gonna have? - Whatever you're having.
Oh, well, this is It's actually apple juice.
Alcohol's hard on my prostate.
Well, sparing that, um I think I'll have an orgasm.
- The drink.
- Oh.
And an orgasm for the lady.
It almost qualifies as a complete meal.
Triple Sec, vodka and cream.
Fruit, starch and dairy.
- A little amaretto for protein.
- Are you hungry? Why don't we order some food? Make this dinner.
- Oh, I wish I could.
- Another time.
Yes, I'd like that.
Sorry to hear you're thinking about retiring.
Well, not quite yet.
I still need three years for my full pension.
Another appointment.
Here we are, the pair of us, serving out other judges' terms.
You know, um, Bernie just got the nod.
Yeah.
Looks like they're gonna run him.
That explains the flowers I saw arriving.
- I was afraid he was sick! - No.
Just lucky.
Imagine a 14-year term, instead of always having to hustle for vacancies to fill.
Worrying about your friends.
Your enemies.
Who you know.
Who knows you.
Cases you're hearing.
- There you go, ma'am.
- Thank you.
Cheers.
I'm just glad I didn't catch that Morningside Heights mugging.
Attempted murder, right? Should we be talking about this, Trudy? Trial hasn't even started yet.
We're just gossiping.
I heard that the father of the victim had a billion dollar payday.
We are in the wrong business, Albert.
We should be managing hedge funds! So much money.
And you still can't keep your kids safe.
- Do you have kids? - My son is a law professor at UCLA.
- Well, that's far away.
- I know.
I keep wondering if I could live out there, but what would I do all day? - The bench has been my life.
- Can I ask you a question? Why did you give Jerry Kellerman the wink? Well, that's a little presumptuous.
Well, if we didn't know each other so well.
We don't.
Kellerman doesn't trust judges.
He would never waive a jury trial if he didn't get the wink.
Why are you so interested? Ed Kilmer asked me to talk to you.
- Kilmer? He's close to the victim's father.
- Yeah.
The man almost lost his only child.
You have a son.
You know how you'd feel.
You'd want a conviction, too.
You're asking me to throw a case? - No.
I wouldn't do that.
I'm just passing on a suggestion from someone who can guarantee that you get another appointment.
Is there a stick behind the carrot? - Usually.
So, either I go along with this, or Kilmer guarantees that I don't get my appointment, correct? I'm offended, Trudy.
Albert, I am just the errand girl here.
Sometimes we have to take care of ourselves.
He said, "Give me your wallet, I won't kill you.
" Did you give him your wallet? I tried, but my hands were shaking and I dropped it.
I bent down to pick it up for him.
That's when he fired the gun.
- Then what happened? - I just rolled up into a ball on the sidewalk.
I thought I was about to die, for sure, until I heard him running off.
And did you see that man again? Yes, at the lineup.
I picked him out of the lineup.
The man who tried to kill you, the man you identified in that lineup, do you see him in this courtroom? - Yes, I do.
He's sitting at that table, next to his lawyer.
Let the record show the witness has identified the defendant, Trey Hansen.
No further questions, Your Honor.
The man who accosted you, you said he was wearing dark baggy pants - and a gray hoodie sweatshirt? - Yes.
- And the hood was up, wasn't it? - Yes, but I saw his face.
You testified it was 1:00am, every business on the block was closed.
The security gates were rolled down? - Yes.
And somehow you saw a face in the dark, under a hoodie? A black face.
Please don't make me out to be a racist.
I am not a racist.
My question was how well you could you see the face, in the three seconds maximum, - you were looking at the man.
- It was longer.
According to your testimony, the man said a total of nine words.
Did I count wrong? "Give me your wallet and I won't kill you.
" - Yes.
- And he had a gun.
- Yes.
- You were able to describe.
- Yes.
- You were looking at it.
Of course.
- So you weren't looking at his face? - Not the entire time, no.
- Not much time, actually, you weren't looking at his face when you reached for your wallet? No.
- And when you dropped your wallet? - No.
- When the gun was fired? - No.
- When the guy was running away? - I recognized him at the lineup.
- But before the lineup, didn't you describe your assailant as a black male teenager? I amended that.
You changed your description to a black male between the ages of 20 and 30, - is that correct? - Yes.
After you'd already selected Mr.
Hansen's photo - from the photo array.
- Yes.
And that the teenaged individual in that photo is a decade older than when the photo was taken.
The detective said ages are hard to judge.
You revised your description to correspond to what you learned from Detective Bell about the man you identified.
Yes.
- Did Detective Bell say anything else? He said I did good.
Which is what we psychologists call a suggestive identification procedure, when an eyewitness is told that he or she has made a correct choice.
Witness remembers the person in the photograph, rather than who committed the crime.
Would that affect the identification in a lineup? Definitely.
If a witness has wrongly identified someone in a photo array, that image replaces the actual memory of the crime.
In good faith, the witness continues to repeat the error.
How common is misidentification from lineups and photo arrays? Studies show nearly a third of eyewitnesses who make an identification choose an innocent person.
Misidentification is the leading cause of wrongful conviction in the United States.
Thank you, Dr.
Goosen.
You have no way of knowing whether Mr.
Hansen was identified - rightly or wrongly, do you? - Not specifically, no.
Do you consider eyewitness identification reliable in cases where the defendant is rightfully convicted? When the defendant committed the crime? Your question assumes your conclusion.
Bear in mind that studies of post-conviction DNA exonerations show that over 75 percent of them involved eyewitness error.
Dr.
Goosen, please confine your answers to the questions imposed by counsel.
- You're not here to lecture us.
- I'm sorry.
Thank you, Your Honor.
You'd agree the majority of witnesses make correct identifications? Sixty-six percent is hardly beyond a reasonable doubt, counselor.
- So your answer is yes.
- Yes.
No further questions.
- How'd it go? - I got nothing to worry about.
- But you're still worried.
- Sure.
Always.
- How's your husband? - Good days and bad days.
- Rehab's not a spa vacation.
- You holding up? Most of the time.
Thanks.
Well, if you feel like it, feel like socializing, we're always ready to pull up another chair at the bar.
Thanks.
Boo.
Lisa.
I didn't get a chance to show you my appreciation.
- No, no, no.
I can't.
- No kidding! It's not money.
Here.
It's a promotion.
We just added a cigar lounge.
It is very civilized.
Stylish, urbane, it's your kinda place.
I'm working all weekend.
- Roz, I need some advice.
- Do we need to close the door? Depends what you tell me about Michelle Ernhardt.
I can't move her with a crowbar.
Is it me or does she hate women? - She plays to win.
- Plays dirty? She is aggressive.
We talking about your vet? Best she'll do is two.
If the grand jury indicts him for the B, the minimum is six.
So either I take the six or go to trial and risk ten.
But he's so sympathetic, maybe he'll only get indicted for possession.
Then he's out the door, time served.
I just I don't know what to do.
I've tried everything, you know? Besides break her legs.
Lemme talk to Balco.
Maybe he and I can figure out a way around it.
Thanks.
- Like a little skin's gonna help? - What are you talking about? You want something.
I need you to reassign someone to my grand jury case.
I thought the PD'd fold, she's pushy, thinks she's still in Brooklyn.
- What, she wearing the wrong shoes? - You could just redistribute.
You already asked everyone on the team, didn't you? My sister's getting married this weekend, I'm maid of honor.
I don't have time to prepare for the grand jury.
I might be able to help you out.
But every favor earns a favor.
OK, what? Well, since I'm gonna save you so much time, how about dinner and drinks tonight? - Fine.
Call Miss Gilardi.
Drop to a misdemeanor.
- Give her what she wants? - Guy's a low-risk junkie.
We'll catch him next time.
7:30? Having evaluated all the evidence and testimony presented to me and having listened carefully to the arguments of counsel, as to every count in the indictment - I find the defendant guilty.
- What? The verdict is recorded.
The defendant is remanded.
We'll discuss sentencing tomorrow at 10:00 am.
Wait, I'm looking at 25 years, Jerry? - What'd you do to me? - He was on our side.
I trusted you! I took your advice, man! I waived my rights! - I'm sorry.
- No, go fix it! I can't.
You're tellin' me I could do 25 years upstate I could do 25 years upstate because you rolled the dice bad? I don't wanna talk to you now, man.
Get away from me.
I don't wanna talk to you! I'll see ya tomorrow.
How the hell could I have been so stupid? I mean, I know better! You never, never trust a judge! I mean, am I right? You guys know I'm right! You should go home.
We got a hearing tomorrow.
The sentencing! I mean, how many nails does it take to close a coffin? Come on.
I'll put you in a cab.
Meade gave me the wink! You were there, Marcus! You'd lost! What the hell happened? I screwed up.
My guy'll do time until he's middle-aged and his little children'll have left home, one way or another, thanks to me.
Thanks to me! Because I was I was too scared to take it to the jury.
I'm a mouse! I'm a mouse! Squeak, squeak.
Oh, man.
I'm a mouse.
Somethin' went sideways.
He's right about that.
You good, Charlie? - What? Who? - It's Charlie.
- Can I come up for a minute? - No.
What's wrong? I need to talk to you.
It's about the case.
It's late, man, I'm asleep.
This'd better be real.
No, I admire the young man's enterprise.
He didn't let his disability get in the way of his new career as a drug dealer.
This is a nothing case.
Then tell your girl to take my girl's offer.
- You can be so disrespectful.
- Never to you, Roz.
- Mmm.
Nice office.
- Yeah, it's small.
Not for long.
I know you have plans.
Do you really want it on your record that you hammered a legless war hero on a flimsy charge without any supporting evidence? Oh, now don't exaggerate.
He still has one good leg.
Now For you, Roz, I can't say no.
- Misdemeanor possession? - I wish you were working on my side.
- Do we have a deal? - Almost.
- What would it take to get it done? - Drinks and dinner? - When? - Tonight.
- Seven-thirty.
- Perfect.
- So we have a disposition, yes? - Yes, Your Honor.
People offer possession seven, with time served.
- The Defense pleads guilty? - Yes, Your Honor.
Fine.
Time served, surcharges waived.
Mr.
Crawford, since there are no further holds against you, you are free to go.
- Don't come back.
- Thank you, judge.
Good luck to you.
Are the People prepared to proceed with sentencing? - We are, Your Honor.
- Defense? Mr.
Kellerman? Do you wish to be heard on the matter of Mr.
Hansen's sentence? No, Your Honor.
What's up, man? No, I don't want to be heard on sentencing.
I don't want to beg for mercy for a man who deserves freedom.
I don't want to have to ask you to give him the ten-year-minimum for something he didn't even do.
What I want is to work in a system that cares more about people than politics.
That's represented by men and women who sometimes actually listen to the truth.
I want to stand in front of judges I respect who would never sacrifice their integrity for advancements.
Who would never be corrupted by outside influences Who would give up the bench before they'd compromise their ideals.
Fair, independent judges, who, I guess, truly deserve to be called Your Honor Your Honor.
Make a motion, Mr.
Kellerman.
I move to set aside the verdict.
Objection, Your Honor.
There's no precedent for that.
You're the finder of fact.
You're the finder of law.
You can do whatever you want, Your Honor.
In the service of justice, this court sets aside its verdict and enters a judgment of acquittal on each count.
Judge, you can't actually do that.
Really? Then appeal me, Mr.
McGrath.
But the last time I looked, my nameplate was still next to the door.
This is my courtroom.
Inside these four walls, I decide what's right.
The defendant is discharged.
Turn around and walk out, Mr.
Hansen.
You said you would bring him home and you did.
Thank you so much.
Thank you so much.
OK, man.
Come on now.
Just me and you here.
What did you do? Find video with Meade and an underage girl? Maybe two? Yeah, that's it.
Hot stuff.
How'd you know? A judge reversing himself is like the sun rising in the west.
Guy saw the light, brother.
The white light as his career passed over to the other side.
- You gonna appeal? - It's up to the boss.
- You could say no.
- No.
Speaking of, did you hear Michelle and Balco were spotted tête-à -tête last night, at L'Auberge? I don't believe it.
But you never think anybody's guilty.
That's your weakness.
- I owe you, Charlie.
- Yes, you do.
Don't worry.
Nobody's ever going to know.
I wasn't worried.
- You are the talk of the courthouse.
- Judges are crazy.
Sometimes they're crazy good.
He did what he wanted to do.
Wasn't about me.
Just thought he'd scare you first? Nice win you pulled out for your vet.
You know what? It's so strange.
Ernhardt, she was busting my ass and then, boom, she rolls over.
- You think she's bipolar? - She's something.
I was thinking about you.
I mean, here's your client trying to stay hooked while your husband's trying to stay clean.
And, this minute, I can't do anything for either of 'em.
Bobbi, sit here.
I'm leaving anyway.
- See you tomorrow.
- Where you off to? It's early.
I'm gonna go, uh smoke a cigar.
My man! Rip by spyderspyder
Is it? How good? "Misdemeanor-and-time-served" good? More than that ain't good.
- DA's willing to take the minimum.
- As charged.
- Yes.
- Like I'm gonna do ten years for the crime of being home with my wife and babies? - I had to present the offer.
- It's my mug shot in the book.
I ain't looked like that since the first time I went inside, before I was old enough to drink legal, Jerry.
Man, faces change.
Men change.
You don't have to tell me you're not who you were.
They sliced another year off my life because some pink-assed college boy couldn't roll his eyeballs long enough to just see the face above the gun.
I ain't sayin' he's evil, evil he been puttin' on me and my family - The DA won't sweeten the deal.
- My sons need a father.
They don't need some jumpsuit in a visitors' room like mine was.
I know how hard you've worked to stay straight since you got out.
You know, if I'd have pointed a gun and pulled the trigger, I would've stopped the clock on college boy.
There would be no witness.
Attempted murder? Pathetic.
Not a point I'm gonna try to make in your defense.
The jury, they gonna wanna believe that I did it as soon as they sit down.
Look at me.
I see a guy who was home with his wife and kids.
Heroin does not make you a menace to anybody except yourself.
- And people who love you.
- Talk to my brother? - No.
Does he live here? - He's my landlord.
Excuse me.
Itchy blood.
Twelve hours out.
- Sugar helps with that.
- Thanks.
- You know what's coming.
- Withdrawal I can handle.
I'm not so good with the pain in my leg.
My ex-leg.
My brain is a slow learner.
It keeps trying to run the bases.
Please don't say you're sorry.
That is the worst.
How long ago? - One year, two months, six days.
You almost said it, didn't you? I don't care about my leg.
That's mechanical.
I can walk around on titanium.
So I don't look quite as good naked, but at the VA, lemme tell you, I am an object of envy! Sixty bags of heroin is a lot of white.
National Guard, Anwar Desert.
Thought you didn't want sympathy.
Getting it out of the way.
The 60 bags were all for me.
How much I use every month.
- The VA has programs - I don't need detox, I need heroin.
- I know - No, you don't! All right? Heroin is the only pain med that actually works.
They tried everything on me.
It's a bitch to treat nerve paths that don't exist.
Those got left behind in the sand for the lizards.
- I'm not a drug dealer.
- You're a bulk buyer.
Once a month, when my check comes.
I thought I was reducing the risk.
Still puts you over the limit for possession.
Hey, nobody plans to get caught.
I'm under the happy impression that this is a one witness ID case, thus a very short trial.
Do either of you plan to disappoint me? The People intend to call only two witnesses.
The complainant and arresting officer.
So far, so good.
Mr.
Kellerman? Pursuant to the court of appeals decision in People v.
LeGrand, I'm moving to admit the testimony of two experts to challenge the validity of the identification.
Both professors in social psychology - One isn't enough? - It might be.
If you bar the People from letting the complainant testify - he was certain about the ID.
- He is certain.
If being certain and right had anything to do with each other, - we'd have found WMDs in Iraq.
- Always entertaining.
Come up.
The science supports me on this.
Not to mention the US Congress.
Yes, Your Honor.
If a witness tells the jury he's absolutely sure, then the jurors believe he's absolutely right.
But certainty only proves certainty, not accuracy.
Precedent.
In State v.
Broades, Georgia Supreme Court I don't wanna hear.
Unless confidence was judged at the time of the crime, - it was irrelevant.
- You're like a runaway horse.
Whoa.
I don't want this hearing to last longer than the trial.
What's the nature of the testimony of your other expert? Briefly, if you can.
Since the defendant is black and the witness is white, - cross-racial identification - That we all look alike? Shameless.
It's a two-way street.
Research shows there's twice as many mistakes when a person from any ethnic group is identifying someone from another ethnic group.
LeGrand is on point.
Will you be introducing physical evidence, Mr.
McGrath? No, Your Honor.
No forensics? No property? No weapon? I have a credible victim who knows what he saw.
Yeah, after the police juiced the ID.
It's not too late for a disposition, counselors.
We're talking about an innocent man here! I'm very familiar with the vagaries of eyewitness identification.
He shouldn't have to do time for something he didn't do just to speed up the court's calendar.
Ah, the Kellerman magic.
I thought I was in trouble until you decided to piss on the judge.
You can't help yourself, one man's curse is another's blessing.
You've already lost.
You not hear the man? "I'm very familiar with the vagaries of eyewitness identification.
" Vagaries, Marcus.
Beautiful word.
Juries don't come with a dictionary.
They're gonna listen with their hearts.
They're not gonna be sure they can ID their own grandmother.
You're making it hard to be nice.
I could drop a count.
C and Seven? - Out of the kindness of my heart.
Not exactly.
- The judge was giving me a message.
- And some people hear God.
- You know Meade's pro-defense.
- I'd call him reasonable.
- Don't let that make you overconfident.
- Thinking bench trial.
- Think hard.
- I know, I know.
Jury's not going to like my guy just because I do.
If they believe the victim, I got zip to stop the door from slamming.
- We lose those cases all the time.
- Have to shake the ID.
If Meade agrees to the bench trial, he's saying he doesn't trust civilians.
There's a reason for 12 in the box instead of one on the bench.
It means he's willing to acquit.
Maybe.
Talk to your client.
- He'll do what I tell him.
- Oh.
No, he trusts my advice.
- Big responsibility, Jerry.
- Tell me something I don't know.
- You have a good offer on the table.
- Yeah, would you want it? I might.
If I got hit with the high end.
No.
Nope.
Judge gave me the wink.
That's why Marcus dropped the count.
Trying the case to a jury might actually qualify as malpractice.
You're so dramatic.
Miss Landis? - Richard Woolsley.
- My hero.
Usually I would say, "Pleased to meet you," - except for the circumstances.
- Yeah, not ideal.
You're thinking, "What's she have on?" and trying to figure out a way to ask why.
- OK, why? - I'm a burlesque dancer.
OK, well, I'm neo-burlesque.
But yes I do take it off.
- But not all off.
- Correct.
You've been.
Why don't we talk about what happened last night? Now you're charged with misdemeanor assault.
It's a cabaret.
It's not a strip joint.
You don't try to yank off a girl's tassel.
That's rude! Oh, my God.
And painful, can I tell you? - How'd the guy get close? - I was carrying the tip tray.
- In pasties.
- Like it's my fault, counselor? No.
I'm just trying to understand what happened.
What happened is an excess of alcohol, which is in no way an excuse.
His buddy had the nerve to call 911! I said, "I'm the victim!" I was sexually assaulted! All I did was defend myself vigorously.
Hence, the cross complaint.
I can give you a witness.
Our emcee, Sister Frank.
If he hadn't intervened, I might've caused more than a nosebleed.
We're not gonna need Frank.
We can make this go away today.
Adjournment in contemplation of dismissal? Not your first time in the system? Mmm, or maybe I'm a law student.
- Are you? - Actually, yeah.
Second year at Fordham Law.
I'd tell you that I dance to help pay the tuition, but that wouldn't be the whole truth and nothing but, which is I dance because I like it.
So where did you go to law school? This is a non-violent felony.
Sergeant Crawford is a decorated war hero, disabled while serving his country in Iraq.
Sadly enough, like so many of our soldiers, who have not been arrested with large amounts of heroin.
He poses no threat to the community.
He has family.
His brother's here for him today.
The presence of family in his life hasn't kept this man out of my courtroom, has it? Sgt.
Crawford requires treatment that can't be provided in custody.
What treatment would that be? Pain medication.
Sergeant suffers from phantom limb pain as a result of the loss of his leg in desert combat.
Bail is set at 3,000 dollars, per the request of the People.
Mark this card for medical attention.
And methadone, Your Honor.
You see the kind of shape he's in.
I've been there with him.
I've held him in my arms when he's screaming in pain from a leg that he doesn't have anymore.
They can't fix that.
Only a fix can fix that.
You know, I used to hate drugs, drug dealers.
Now I'm grateful.
Hey, thanks, America! Mr.
Crawford, is there any possibility of posting bail? - How much would I have to put up? - All of it.
The whole 3,000? What the hell is a bail bondsman for then? Bigger numbers.
Just the fee, that's 1,000 dollars, you'd still have to collateralize.
With what? I mean, even if I sold my car, maybe I'd get about 1,200 bucks and then how do I get to my second job? I can ask a different judge to review the bail, but it's not gonna go down to zero with this charge against him.
Imagine your leg roasting alive on a barbecue 24/7 and the only thing that helps happens to be illegal.
What would you do? Whatever I had to.
You know, you should've seen him before.
He was a stud.
I was jealous.
Varsity baseball player.
Could have just about any girl he wanted.
And his laugh - You would've have liked 'em.
- I like him now.
Yeah.
But you won't get to hear him laugh.
No, no, no.
Hold on.
Hold on.
Wait.
Back up, OK? What do you mean "give up my rights? " - The right to be convicted.
So are you sayin' the judge is gonna send me home? I usually trust juries more than judges 'cause jurors live out in the real world.
I have to reach one out of 12.
Bench trial, it's one out of one.
So how's this a good thing all of a sudden? 'Cause the judge seems to be leaning our way.
He knows that solo IDs are tricky, right? He said so on the bench.
Or you can eat the seven the DA's offering.
I'd take seven if I'd done the crime, man.
But seven years for somethin' I didn't do? You know, miss my boys' entire childhood, man? That's too bitter, man.
I haven't had so much as a misdemeanor since I been out.
You know.
I been moppin' hallways so I can support my family without a gun all day long.
Trey, a jury can make seven look good.
I hear what you're saying, man.
- Let's do it.
- There's no going back.
Waiving your right by trial jury is not grounds for an appeal.
Hey, if we win, who needs an appeal, right? - All right, man.
- OK.
- Still no disposition, counselors? - No, Your Honor.
Going going gone.
All right.
Send up the jury panel.
Actually, you can cancel the jury.
Mr.
Hansen has opted to waive his right to a jury and requests a bench trial.
The pace just picked up.
Thanks for the courtesy.
Appreciate it.
You didn't check your messages.
Mr.
Hansen, have you had adequate time and opportunity to confer with your attorney about relinquishing your constitutional right to a jury? Yes, Your Honor.
- Take your time, Mr.
Hansen.
- No, I get it, judge.
Aw.
Come on.
You're acting like a girl who got felt up on a couch.
I called you.
Your phone was off.
- Happens to be a courthouse regulation.
You don't like to be distracted, but that's not my fault.
I'm gonna check my missed calls and there had better be one from you.
You're hurting my feelings here.
See? Huh? Where's my apology? - Jerry.
- Yeah? Hey.
Who's hearing bail writs? I need a bail review in front of a judge.
That would be the Lady Kessler.
You have my condolences.
- It doesn't hurt to try.
- I love an optimist.
Not enough of us.
Maybe the judge'll like me more than you.
I set a pretty low standard.
Hard to do worse.
And how does our judge feel about you, Jerry? I never have a problem with a fair judge and Meade's fair.
- We're in good shape.
- I'd have liked a word with my husband before he signed away all his rights on your say-so.
Have I ever let him down? He'll be the one that does the time, not you.
And this was absolutely the best choice we had.
I'm trying to bring him home, Kameela OK? It came to me that you don't get paid more for a jury trial, but it takes up more of your time.
That what you think? I sold him out to save time? I think people listen to their own self-interest, Jerry.
Even good people.
OK, my self-interest needs me to win.
And it's not a win if an innocent man gets convicted.
I'm not asking you to believe me, but I'm doing the very best I can for Trey.
This is the longest day, and it's only lunchtime.
I'm ready for a niacin boost.
Oh, uh, you got a phone call from Ed Kilmer's office.
They wanted to know if it was all right if he stopped by around 2:00.
- Did he say what about? - I told him you'd be in court.
Call him back.
Tell him I'd be delighted to see him at 2:00.
- That's what recesses are for.
- So who is he? - Jealous? - Absolutely.
He's the power hub of the five boroughs.
- Does that come with a job title? - Yeah, favor broker.
When Ed Kilmer calls, the answer's yes.
You don't wait for the question.
Which makes him the second sexiest man I know.
If you're nice I'll introduce you.
Go make the call.
After everything else your client has lived through, a few days on Rikers won't challenge him.
The medical facility on the island isn't equipped to handle Mr.
Crawford's war injury.
If he were ROR'ed, he could be treated at the VA.
How often does he go? Once a week, once a month? - As needed, judge.
- All right.
When was the last time he received treatment at the VA? - Just forget it, OK? - I don't have that information.
What a shame.
You give me no reason to second guess the judgment of a colleague.
Do the People support the Defense request for an ROR? The People believe the bail set is appropriate to the seriousness of the charge.
- As it stands.
- Yes, Your Honor.
You see your task, Miss Ernhardt.
You have Lemme do the math.
98 hour Oh, correction.
You have 97 hours before the grand jury expires on this case.
Be efficient.
Motion denied.
Call a recess.
But I haven't Need me to read the record back to you? I already ruled.
- Call it.
- Court is recessed.
Ed, this is my law clerk, Charlie Sagansky.
Columbia Law Review.
Lucky you.
- I'd like you to meet Ed Kilmer.
- How do you do? - How do you do? - "Sagansky," like it sounds? - Yes, sir.
This is a man to watch, Ed.
Trudy's opinion means a lot to me.
She's notoriously hard to please.
That's a compliment.
Your war hero got picked up with 60 decks of heroin and 500 dollars.
- He cashed his disability check.
- To buy his inventory.
Not for resale! It's all personal use.
I've done the research on phantom limb pain.
Save it for court.
Or we listen to Kessler, be efficient.
Skip the grand jury.
Misdemeanor possession, time served.
Wow.
All two days since he got busted? - They've been long days.
- He's working you, Bobbi.
Mike got his leg blown off for his country.
He wants to cook two bags of heroin a day to medicate for the pain and trauma, Who's the victim? - Who are you protecting? - Down, girl.
Down.
We're a more sedate bunch than you're used to at the PD's office.
Nick Balco, Bobbi Gilardi.
Well, nobody told me you were pretty.
Competition for queen of the hill, huh? It's his sense of humor.
Just give me the misdemeanor and get rid of me.
On a felony with a prior conviction? Join the real world.
Come on, that was a mutual combat in a bar fight.
Mike was trying to help a chick from being hassled.
Attempted assault two, conditional discharge, not a day in jail.
Army gave a waiver, which wasn't a kindness, as it turned out.
Bless his patriotic heart.
I know he served the nation - Please don't be snide.
- I'll come down to a C and a two.
That's the minimum with his prior.
I'm not walking this guy.
And there goes your weekend, 'cause Monday, Mike's testifying.
- Adiós, Charlie.
- Pleasure to meet you.
Do you know he can say something polite in at least 12 languages spoken by voters? - Oh Now you're sulking.
- No.
You think I treated you like hired help.
We're usually on the same side of the door.
This was personal.
Will you call Albert Meade? Ask if he can join me for drinks tonight.
- Judge Meade? - Yeah.
We're old friends.
- Not really.
- If you want to be a judge, you're gonna need to know that politics is part of the job, and vice versa.
Kilmer asked me to pass along a request.
It's nothing complicated.
He didn't strike me as shy.
Why you? What is it with attorneys? We're so adversarial.
Meaning you're not gonna tell me.
Meaning that the problem with secrets is once you share them, they're no longer secrets.
Albert, hi! Thanks for coming out to play.
My pleasure, Trudy.
- What you gonna have? - Whatever you're having.
Oh, well, this is It's actually apple juice.
Alcohol's hard on my prostate.
Well, sparing that, um I think I'll have an orgasm.
- The drink.
- Oh.
And an orgasm for the lady.
It almost qualifies as a complete meal.
Triple Sec, vodka and cream.
Fruit, starch and dairy.
- A little amaretto for protein.
- Are you hungry? Why don't we order some food? Make this dinner.
- Oh, I wish I could.
- Another time.
Yes, I'd like that.
Sorry to hear you're thinking about retiring.
Well, not quite yet.
I still need three years for my full pension.
Another appointment.
Here we are, the pair of us, serving out other judges' terms.
You know, um, Bernie just got the nod.
Yeah.
Looks like they're gonna run him.
That explains the flowers I saw arriving.
- I was afraid he was sick! - No.
Just lucky.
Imagine a 14-year term, instead of always having to hustle for vacancies to fill.
Worrying about your friends.
Your enemies.
Who you know.
Who knows you.
Cases you're hearing.
- There you go, ma'am.
- Thank you.
Cheers.
I'm just glad I didn't catch that Morningside Heights mugging.
Attempted murder, right? Should we be talking about this, Trudy? Trial hasn't even started yet.
We're just gossiping.
I heard that the father of the victim had a billion dollar payday.
We are in the wrong business, Albert.
We should be managing hedge funds! So much money.
And you still can't keep your kids safe.
- Do you have kids? - My son is a law professor at UCLA.
- Well, that's far away.
- I know.
I keep wondering if I could live out there, but what would I do all day? - The bench has been my life.
- Can I ask you a question? Why did you give Jerry Kellerman the wink? Well, that's a little presumptuous.
Well, if we didn't know each other so well.
We don't.
Kellerman doesn't trust judges.
He would never waive a jury trial if he didn't get the wink.
Why are you so interested? Ed Kilmer asked me to talk to you.
- Kilmer? He's close to the victim's father.
- Yeah.
The man almost lost his only child.
You have a son.
You know how you'd feel.
You'd want a conviction, too.
You're asking me to throw a case? - No.
I wouldn't do that.
I'm just passing on a suggestion from someone who can guarantee that you get another appointment.
Is there a stick behind the carrot? - Usually.
So, either I go along with this, or Kilmer guarantees that I don't get my appointment, correct? I'm offended, Trudy.
Albert, I am just the errand girl here.
Sometimes we have to take care of ourselves.
He said, "Give me your wallet, I won't kill you.
" Did you give him your wallet? I tried, but my hands were shaking and I dropped it.
I bent down to pick it up for him.
That's when he fired the gun.
- Then what happened? - I just rolled up into a ball on the sidewalk.
I thought I was about to die, for sure, until I heard him running off.
And did you see that man again? Yes, at the lineup.
I picked him out of the lineup.
The man who tried to kill you, the man you identified in that lineup, do you see him in this courtroom? - Yes, I do.
He's sitting at that table, next to his lawyer.
Let the record show the witness has identified the defendant, Trey Hansen.
No further questions, Your Honor.
The man who accosted you, you said he was wearing dark baggy pants - and a gray hoodie sweatshirt? - Yes.
- And the hood was up, wasn't it? - Yes, but I saw his face.
You testified it was 1:00am, every business on the block was closed.
The security gates were rolled down? - Yes.
And somehow you saw a face in the dark, under a hoodie? A black face.
Please don't make me out to be a racist.
I am not a racist.
My question was how well you could you see the face, in the three seconds maximum, - you were looking at the man.
- It was longer.
According to your testimony, the man said a total of nine words.
Did I count wrong? "Give me your wallet and I won't kill you.
" - Yes.
- And he had a gun.
- Yes.
- You were able to describe.
- Yes.
- You were looking at it.
Of course.
- So you weren't looking at his face? - Not the entire time, no.
- Not much time, actually, you weren't looking at his face when you reached for your wallet? No.
- And when you dropped your wallet? - No.
- When the gun was fired? - No.
- When the guy was running away? - I recognized him at the lineup.
- But before the lineup, didn't you describe your assailant as a black male teenager? I amended that.
You changed your description to a black male between the ages of 20 and 30, - is that correct? - Yes.
After you'd already selected Mr.
Hansen's photo - from the photo array.
- Yes.
And that the teenaged individual in that photo is a decade older than when the photo was taken.
The detective said ages are hard to judge.
You revised your description to correspond to what you learned from Detective Bell about the man you identified.
Yes.
- Did Detective Bell say anything else? He said I did good.
Which is what we psychologists call a suggestive identification procedure, when an eyewitness is told that he or she has made a correct choice.
Witness remembers the person in the photograph, rather than who committed the crime.
Would that affect the identification in a lineup? Definitely.
If a witness has wrongly identified someone in a photo array, that image replaces the actual memory of the crime.
In good faith, the witness continues to repeat the error.
How common is misidentification from lineups and photo arrays? Studies show nearly a third of eyewitnesses who make an identification choose an innocent person.
Misidentification is the leading cause of wrongful conviction in the United States.
Thank you, Dr.
Goosen.
You have no way of knowing whether Mr.
Hansen was identified - rightly or wrongly, do you? - Not specifically, no.
Do you consider eyewitness identification reliable in cases where the defendant is rightfully convicted? When the defendant committed the crime? Your question assumes your conclusion.
Bear in mind that studies of post-conviction DNA exonerations show that over 75 percent of them involved eyewitness error.
Dr.
Goosen, please confine your answers to the questions imposed by counsel.
- You're not here to lecture us.
- I'm sorry.
Thank you, Your Honor.
You'd agree the majority of witnesses make correct identifications? Sixty-six percent is hardly beyond a reasonable doubt, counselor.
- So your answer is yes.
- Yes.
No further questions.
- How'd it go? - I got nothing to worry about.
- But you're still worried.
- Sure.
Always.
- How's your husband? - Good days and bad days.
- Rehab's not a spa vacation.
- You holding up? Most of the time.
Thanks.
Well, if you feel like it, feel like socializing, we're always ready to pull up another chair at the bar.
Thanks.
Boo.
Lisa.
I didn't get a chance to show you my appreciation.
- No, no, no.
I can't.
- No kidding! It's not money.
Here.
It's a promotion.
We just added a cigar lounge.
It is very civilized.
Stylish, urbane, it's your kinda place.
I'm working all weekend.
- Roz, I need some advice.
- Do we need to close the door? Depends what you tell me about Michelle Ernhardt.
I can't move her with a crowbar.
Is it me or does she hate women? - She plays to win.
- Plays dirty? She is aggressive.
We talking about your vet? Best she'll do is two.
If the grand jury indicts him for the B, the minimum is six.
So either I take the six or go to trial and risk ten.
But he's so sympathetic, maybe he'll only get indicted for possession.
Then he's out the door, time served.
I just I don't know what to do.
I've tried everything, you know? Besides break her legs.
Lemme talk to Balco.
Maybe he and I can figure out a way around it.
Thanks.
- Like a little skin's gonna help? - What are you talking about? You want something.
I need you to reassign someone to my grand jury case.
I thought the PD'd fold, she's pushy, thinks she's still in Brooklyn.
- What, she wearing the wrong shoes? - You could just redistribute.
You already asked everyone on the team, didn't you? My sister's getting married this weekend, I'm maid of honor.
I don't have time to prepare for the grand jury.
I might be able to help you out.
But every favor earns a favor.
OK, what? Well, since I'm gonna save you so much time, how about dinner and drinks tonight? - Fine.
Call Miss Gilardi.
Drop to a misdemeanor.
- Give her what she wants? - Guy's a low-risk junkie.
We'll catch him next time.
7:30? Having evaluated all the evidence and testimony presented to me and having listened carefully to the arguments of counsel, as to every count in the indictment - I find the defendant guilty.
- What? The verdict is recorded.
The defendant is remanded.
We'll discuss sentencing tomorrow at 10:00 am.
Wait, I'm looking at 25 years, Jerry? - What'd you do to me? - He was on our side.
I trusted you! I took your advice, man! I waived my rights! - I'm sorry.
- No, go fix it! I can't.
You're tellin' me I could do 25 years upstate I could do 25 years upstate because you rolled the dice bad? I don't wanna talk to you now, man.
Get away from me.
I don't wanna talk to you! I'll see ya tomorrow.
How the hell could I have been so stupid? I mean, I know better! You never, never trust a judge! I mean, am I right? You guys know I'm right! You should go home.
We got a hearing tomorrow.
The sentencing! I mean, how many nails does it take to close a coffin? Come on.
I'll put you in a cab.
Meade gave me the wink! You were there, Marcus! You'd lost! What the hell happened? I screwed up.
My guy'll do time until he's middle-aged and his little children'll have left home, one way or another, thanks to me.
Thanks to me! Because I was I was too scared to take it to the jury.
I'm a mouse! I'm a mouse! Squeak, squeak.
Oh, man.
I'm a mouse.
Somethin' went sideways.
He's right about that.
You good, Charlie? - What? Who? - It's Charlie.
- Can I come up for a minute? - No.
What's wrong? I need to talk to you.
It's about the case.
It's late, man, I'm asleep.
This'd better be real.
No, I admire the young man's enterprise.
He didn't let his disability get in the way of his new career as a drug dealer.
This is a nothing case.
Then tell your girl to take my girl's offer.
- You can be so disrespectful.
- Never to you, Roz.
- Mmm.
Nice office.
- Yeah, it's small.
Not for long.
I know you have plans.
Do you really want it on your record that you hammered a legless war hero on a flimsy charge without any supporting evidence? Oh, now don't exaggerate.
He still has one good leg.
Now For you, Roz, I can't say no.
- Misdemeanor possession? - I wish you were working on my side.
- Do we have a deal? - Almost.
- What would it take to get it done? - Drinks and dinner? - When? - Tonight.
- Seven-thirty.
- Perfect.
- So we have a disposition, yes? - Yes, Your Honor.
People offer possession seven, with time served.
- The Defense pleads guilty? - Yes, Your Honor.
Fine.
Time served, surcharges waived.
Mr.
Crawford, since there are no further holds against you, you are free to go.
- Don't come back.
- Thank you, judge.
Good luck to you.
Are the People prepared to proceed with sentencing? - We are, Your Honor.
- Defense? Mr.
Kellerman? Do you wish to be heard on the matter of Mr.
Hansen's sentence? No, Your Honor.
What's up, man? No, I don't want to be heard on sentencing.
I don't want to beg for mercy for a man who deserves freedom.
I don't want to have to ask you to give him the ten-year-minimum for something he didn't even do.
What I want is to work in a system that cares more about people than politics.
That's represented by men and women who sometimes actually listen to the truth.
I want to stand in front of judges I respect who would never sacrifice their integrity for advancements.
Who would never be corrupted by outside influences Who would give up the bench before they'd compromise their ideals.
Fair, independent judges, who, I guess, truly deserve to be called Your Honor Your Honor.
Make a motion, Mr.
Kellerman.
I move to set aside the verdict.
Objection, Your Honor.
There's no precedent for that.
You're the finder of fact.
You're the finder of law.
You can do whatever you want, Your Honor.
In the service of justice, this court sets aside its verdict and enters a judgment of acquittal on each count.
Judge, you can't actually do that.
Really? Then appeal me, Mr.
McGrath.
But the last time I looked, my nameplate was still next to the door.
This is my courtroom.
Inside these four walls, I decide what's right.
The defendant is discharged.
Turn around and walk out, Mr.
Hansen.
You said you would bring him home and you did.
Thank you so much.
Thank you so much.
OK, man.
Come on now.
Just me and you here.
What did you do? Find video with Meade and an underage girl? Maybe two? Yeah, that's it.
Hot stuff.
How'd you know? A judge reversing himself is like the sun rising in the west.
Guy saw the light, brother.
The white light as his career passed over to the other side.
- You gonna appeal? - It's up to the boss.
- You could say no.
- No.
Speaking of, did you hear Michelle and Balco were spotted tête-à -tête last night, at L'Auberge? I don't believe it.
But you never think anybody's guilty.
That's your weakness.
- I owe you, Charlie.
- Yes, you do.
Don't worry.
Nobody's ever going to know.
I wasn't worried.
- You are the talk of the courthouse.
- Judges are crazy.
Sometimes they're crazy good.
He did what he wanted to do.
Wasn't about me.
Just thought he'd scare you first? Nice win you pulled out for your vet.
You know what? It's so strange.
Ernhardt, she was busting my ass and then, boom, she rolls over.
- You think she's bipolar? - She's something.
I was thinking about you.
I mean, here's your client trying to stay hooked while your husband's trying to stay clean.
And, this minute, I can't do anything for either of 'em.
Bobbi, sit here.
I'm leaving anyway.
- See you tomorrow.
- Where you off to? It's early.
I'm gonna go, uh smoke a cigar.
My man! Rip by spyderspyder