For the People (2018) s01e08 Episode Script
Flippity-Flop
Previously on "For the People" Did mercy and kindness ever change your path? You could be a good lawyer if you tried.
You're just not trying.
I'm the guy who makes it worse.
I'm the guy you don't want to go up against.
I am leaving.
Seth's good.
He's a good lawyer.
Do you miss him? Sometimes.
I won a trial.
Got my client off.
That's a good day.
My client was a white supremacist.
You won a trial because you had a trial.
It's been my dream to have season tickets to the Yankees with you.
I want to go to games with you.
Thank you.
- This is a diner.
- Yes.
Why are we meeting in a diner? Because I can't get a Denver omelet in my office.
Or your office.
Two years of these meetings, we're always trapped under fluorescent lights, sucking in recycled air, gnawing on government-issued pastries.
I thought we should get out.
- Good morning.
- Good morning.
What's in a Denver omelet anyway? Diced ham, green peppers, onions, cheese.
That's a Western omelet.
Denver is in the West.
What's on the agenda today? Already with the work? This is a work meeting, right? I scribbled down "complain about Draconian new sentencing guidelines from Main Justice.
" "Judge Cameron.
" Not sure what I meant by that.
Ever been to Denver? Uh, only to the airport.
They have a great bookstore in Denver.
The Tattered Cover.
Anytime I fly into Denver, I add on at least six hours for a trip to The Tattered Cover.
They have great staff recommendations.
I always go with a guy named "Topher.
" - Topher.
- I trust Topher.
Uh, there was a DEA raid on Hughes Street you'll be getting some incoming.
Uh, that's all the business I have.
You gonna order? For real? You want me to order for you? That's the third DEA sweep in that area in a month.
- I wish it were more.
- You're just dragging in a bunch of low-level, non-violent users We're using an effective tool against violent drug dealers who are threatening the safety of the neighborhood.
Effective? If it's so effective, why do you have to keep doing it? Denver omelet? Western omelet? There's no difference on the inside.
Let's not confuse things here, either.
This is a work meeting.
We should meet at work.
This is a diner.
This is an Archaeopteryx.
Am I saying that right? I think the emphasis is on the first syllable.
- Really? - No.
I have no idea.
Lara is really into large, dead birds.
- Sounds promising.
- We spent like four hours at the Natural History Museum on Sunday.
Oh, this is a Phorusrhacos.
"Dude, your dad is my Mobl driver.
" What? That is a text.
You got a text.
Oh.
My friend Mike, what an idiot.
"Yeah, not possible, and FYI, we don't all look the same.
" Okay, do you want to see a Microraptor? It has four wings.
What is it? This is a picture of my dad driving a Mobl.
I'll be honest.
I prefer it to the dead bird.
Favorite animal? Zebra.
Favorite animal? Uh, in Australia, there are these Favorite animal.
Otter.
They do that thing with their hands.
Favorite animal.
Uh, Bergamasco.
- Favorite animal.
- I don't have one.
- If you had to choose.
- Why would I have to choose? How do you feel when you look at this picture? Itchy.
I don't like cats.
It's not a cat.
It looks like a cat.
I don't like it.
This is your new case.
Animal trafficking.
This is your new case.
DEA sweep No.
Please.
Can we switch? No.
You're the animal lady.
- I'm not the animal lady.
- You're the animal lady.
DEA sweep.
On Hughes Street.
There's been a run of drug-related shootings in the area and that community's been begging for more enforcement.
This is more enforcement.
We're on the right side of this, no matter what they're saying on the other side of Foley Square.
Reckless, swaggering, unconstitutional law-enforcement showboating.
enforcement showboating.
Got it.
This is the DEA sweep on Hughes Street? Our client was literally cutting the cake at his son's birthday party when the agents swarmed the courtyard of his building.
How many others were arrested? Well, that's what's interesting.
DEA 6 form says they picked up 12 people, but only 11 are in the system.
Someone named "Brian Torres" is missing.
- Missing? - Missing.
Torres could be a unicorn.
An unimpeachable defense witness.
Someone accidentally caught up in the raid.
- Mm-hmm.
- If we can find him, he might be able to help our defense.
I'll call the line AUSA and see what happened to him.
No.
Don't call.
Go to the DEA field office.
Get out in front of this.
Otter? I don't know why I said otter.
And I did th-that thing with the hands.
- Please don't.
- What's the case? Trafficking wildlife under the Endangered Species Act.
Red pandas one died in transit.
- That's horrible.
- I'll get through it.
Next case'll be more interesting.
I meant the panda.
Dying.
It's horrible.
Why did Roger give you this case again? Because I don't like animals.
You can see the trouble I'm having, right? Because he knows I can approach this logically and rationally and that I'm not gonna lose my mind about some furry thing.
When you say "lose my mind," do you mean feel genuine human emotion about the death of an innocent creature? Yes.
You don't believe we should protect animals? For the billions of dollars we could use to feed the hungry? Or house the homeless? To prosecute people who commit crimes against people? - No.
- What if they're endangered? Then it's probably time for them to go.
I saw "Jurassic World.
" I think you need a pet.
Do you have a pet? I don't like things that lick me.
First, I'll just say, that's not a great rule.
Also, you can get a fish.
Point is, it's nice to have another living creature around to talk to Helps you feel less lonely.
Even when I was living with Ezra, I would sometimes I'm not lonely.
Why aren't you lonely? You should be lonely.
Are you seeing someone? If you were a fish, I'd talk to you about it.
Dad, when did you start driving Mobl? The water in the apartment.
You notice anything? The water, what about it? Tastes fresh, huh? Why are you driving Mobl? I made an investment.
After Flint, in Michigan, everyone wants clean water.
This company, Kool & Klean with K's Kool, Klean they offered a chance to distribute.
Dad, please tell me you didn't buy into some pyramid scheme.
No.
I buy the filters, then sell them at three times the price I paid.
And you sold? One.
To myself.
Turns out this is not Flint, Michigan.
New York City water is the freshest in the country.
So, now I have $5,000 worth of filters in your uncle's basement.
Okay, well, $5,000 isn't a disaster.
No.
$5,000 isn't.
Wait.
Is it more than $5,000? Dad, how much are you in for? This is not your concern.
It's fine.
How is it fine? Coming from the guy who can spend two hours in a grocery store price-comparing cans of peas.
I said it's fine.
I'll make the money back, you won't worry your mother with this, and you'll go to work.
This is not for you to fix.
I will fix it, okay? Okay.
- The DEA raid.
- Yes.
There's something wrong with the DEA intake form.
There's someone missing.
What do you mean missing? Who's missing? - Brian Torres.
- Not Brian.
Not Torres.
Brian Torres was brought in four days ago on the Hughes Street sweep.
Is that a question? I'm representing one of the co-defendants.
I'm learning a lot.
He hasn't been charged, he wasn't processed into BOP.
There are no release papers.
So I need whatever you have.
I have six cookies and two more hours until I'm done here.
Here's what I have.
I have the power to call you in to testify in this case.
And I can assure you, you won't like it.
You look comfortable there.
What I will do with you will make you uncomfortable.
So, we can do that I like doing that or you can tell me what happened to Brian Torres.
Brian Torres was checked into Holding Room 3 at 5:37 p.
m.
last Thursday.
And released? After that.
But he's obviously gone or else we'd still have his stuff.
Help! I need help in here! I dropped the charges.
Possession, distribution, everything.
You think that's even close to enough? Dropping all the charges against your client? It should be close.
You had to drop them.
We didn't have to.
The DEA left a witness in a holding cell for four days.
He nearly died! Do you want me to drop the charges again, like I really mean it? I want you to bring charges against the agent who did this.
What the DEA did to Torres? Stupid, awful, tragic even.
Not criminal.
That's what you guys say every time.
Every time it's an accident.
Every time someone is shot with their hands up, or thrown in the back of a van, or left to die in a holding cell, it's tragic and nobody is ever responsible for the tragedy.
Every time an officer Goes on shift, he is thinking about how to violate our civil rights.
He's angry.
He's racist.
He's calculating and deliberate and premeditated.
He's part of a goon squad trying to inflict maximum pain on people and communities he despises.
Every time.
Have you watched the video? I don't need to watch the video.
Try the part where he hallucinates, tries to eat his own glasses, claws and scratches The agent who left him there - Fired.
- You say that like it means something.
It means he's fired.
I'm sorry about what happened to Torres.
I am.
But there's nothing to prosecute here.
This was an accident.
Next time you're in Denver, why don't you skip the bookstore and drive out to Florence.
ADX.
Supermax.
Where everyone is held in solitary.
See what it does to a person.
Or just watch the video on your desk.
Sorry? You'll be sorry you didn't do more.
Seth Oliver's a reasonable guy, right? Career choice notwithstanding.
And the fact that he broke up with you.
It was mutual.
- Was it? - Yes.
Huh.
Why are you asking? Do you have a case against him? No.
I want to talk to him about bringing a case, and he's the only prosecutor I know.
I mean, I know Kate Littlejohn, but I'd rather get food poisoning than talk to Kate Littlejohn.
Like actual food poisoning.
Like salmonella.
I think I generally understand the point.
Do you think Seth would talk to me? I-I think so.
And he's reasonable.
For the most part.
I can call him if you want.
I don't want to make it awkward for you.
I don't think it would be awkward.
I haven't seen him in a while.
It's cool.
I can do it.
Thanks.
Your client trafficked in endangered animals Usually, we just pay five grand and call it a day.
And usually, I'm not involved in these cases, so we might be doing it differently.
The red panda died in transit.
It was alive when it hit American soil.
My client didn't kill it, Customs did.
I'll be in touch after I've checked out the body.
The body? It's a panda, not a lady jogger found by the East River.
Red panda.
I like to be accurate.
We should grab drinks.
If you're gonna be the animal lady, we're gonna be seeing each other a lot.
I am not the animal lady.
The holding cell tape of Brian Torres.
Someone leaked it.
Not someone.
Jill.
It's all over the news.
And it's awful.
Draw up charges against Agent Keener.
What? Draw up charges against Agent Keener.
She's put us in a box here.
We need to do something.
Measured, reasonable charges that show the public that we take this seriously, but that don't piss off our friends at the DEA who we need.
You wanted to see me? No, I wanted to drink with you.
Oh.
In 2004, we were up three games to none on the Red Sox in the ALCS.
We, the Yankees.
No team has ever come back from three games down.
So this champagne was chilled.
Ready to be drunk.
This very bottle.
And then Then Mariano Rivera walks Kevin Millar in the bottom of the ninth.
Mariano Rivera.
Red Sox score.
Win the game.
The series.
The World Series.
Breaking a curse going back 86 years.
The only thing more incredible than what the Red Sox did that year is what Roger Gunn did today.
What we made him do.
Mm-hmm.
The U.
S.
Attorney's office actually filed charges against a federal agent.
They never do this.
That man, there? That's Kirk Keener, the DEA Agent who left Brian Torres in a cell to rot.
It's time to finally drink this.
Mm-hmm.
Counselors, please state your appearances.
Roger Gunn and Leonard Knox for the United States, your honor.
Jill Carlan and Sandra Bell for the defendant, DEA Special Agent Kirk Keener.
Well.
I'm still a judge.
Let's get started.
Under the condition that Mr.
Keener surrenders any and all weapons and does not associate with the victim or the victim's family, bail is set at $250,000.
Your honor, Mr.
Keener doesn't have the resources to post a quarter of a million dollar bond.
That's why I'm representing him.
It's a drop in the bucket for the Association of Federal Drug Enforcement Agents.
The union isn't giving Mr.
Keener financial assistance.
He was fired.
Mr.
Gunn knows that.
I'm going to hold at $250,000.
Careful what you wish for.
You're being charged with 18 USC 242, deprivation of rights under color of law.
A key issue's going to be intent whether you "willfully subjected" You may want to listen to this.
I have testified against clients of yours, what, seven, eight times? I know what you think of the DEA.
The work we do.
Me.
It was five times, and I think you're my client.
I'm here to represent you.
It was an accident.
I arrested Torres Even though he was clean.
His name matched a suspect in another case.
I told Bill Howfield, "Hold him while I check it out.
" According to the indictment, you actually told Agent Howfield to "Leave that son of a bitch in there.
" Torres was screaming at me.
- He was innocent.
- Well, I didn't know that.
I was trying to assess the situation.
I was frustrated.
I told Howfield to hold him and I'd be back.
And then I got pulled onto another bust and I forgot.
Why am I being singled out? What about everybody else that works down there? No one else knew Torres was in that room after Howfield went off shift and you didn't come back.
You were the arresting officer.
You were the one who ordered him held.
It wasn't an order.
I was planning on coming back.
I made a mistake.
This is a problem for you, isn't it? Defending me? Everything is backwards and weird.
I don't like it.
The sandwich is pretty good.
Jill is defending a DEA agent because Roger is prosecuting a DEA agent.
And I'm helping her.
Right now? I'm supposed to be finding character evidence for a DEA agent.
It's like a weird dream where everybody's on opposite sides and Seth's here.
Seth is in your weird dream? No.
He's here.
In our office.
Hey.
- Hi.
- Hi.
- Uh, do you know where? - Hey.
Never mind.
Found him.
- You wanna go? - Yeah.
See? Weird.
Thanks for coming by.
I would've come to you.
I've always been curious about this place.
Ah.
Never been here? Allison never brought you here? We made a point of keeping work and home separate.
And we were actually pretty good about that.
For a few hours.
Then we broke up.
So whaddya need? I have a case for you.
Kool & Klean.
With two K's.
Two K's? Like the Kool and the Klean each starts with a K? Yes.
They sell water filters, but their parent company runs dozens of other Multi-Level Marketing "opportunities.
" Nutritional supplements, phone plans, skin care Croissants? The donut place near my apartment sells all those things, plus croissants.
I think these are scams that bilk people out of their life's savings.
Um, I thought a prosecutor should take a look.
How'd this get on your radar? My dad was one of the ones scammed.
I'm not sure for how much.
A lot, I think.
But yeah my dad.
That sucks.
I'm sorry.
I'll take a look.
Thank you.
I can't promise, but there might be a water filter in it for you.
Oh.
This little guy came in about a month ago.
He's kind of like our house dragon.
If I didn't already have a couple at home, I'd adopt him.
- You want to feed him? - Uh, no.
The red panda.
Can you tell me if it was dead when it arrived in the country? Oh, yeah.
Monte was dead.
At least a day before he ever got here.
Uh, Monte? I name them.
These collectors, they act like animals are vintage salt and pepper shakers they got at a flea market.
And the smugglers make bank.
$23 billion last year.
Their creativity would be impressive if it weren't so horrible hidden storage in cars, stuffing birds into toilet paper rolls in suitcases.
And the fines mean nothing to them.
"5OK? Sure, let me just roll off my money pile and pick up some spare change.
Here you go.
" Meanwhile, they're cutting the faces off rhinos to take their horns.
Do you have documentation showing the red panda arrived dead? I take photos of everyone who comes in.
No one ever wants to prosecute, but a guy can hope.
I still have the body.
Do you want to see? Yes.
Here.
Hold Mango.
Ohh.
Follow me.
These ones over here are all gonna go to zoos or sanctuaries.
We can usually find homes for the cute or the rare.
But 20 baby eels, or a turtle or a guy like Mango there? Probably not.
People want snuggly and furry and cute something they can pet.
Mango's just Mango.
Not trying to impress.
What happens to those? Depends on your religion, I guess.
Main reason I took this job is I love animals.
Same reason you have the case, right? Uh, little different.
Now I mostly just put them to sleep.
The body's in there.
You're going after this guy, right? I know it's a lot of work for just a small fine.
But Monte would appreciate it, I think.
Thank you for your time.
Can you take uh, Mango? - Yeah.
- Thanks.
Ooh.
How'd it go with Keener? He doesn't trust me.
I'm sure it'll take a little time.
On both sides.
Do you watch law shows on TV? No.
You're not missing a whole lot.
They always have defense lawyers struggling with how they can defend their horrible clients.
Do you know how often I ever feel that struggle? - Never.
- Not ever.
It's a total fiction about who we are and the work we do and the way we approach this job.
But this one is difficult.
I've spent my whole career going up against people like Keener.
Then this isn't gonna help.
Four formal complaints against Keener when he served in the Jacksonville Vice Unit.
Mistreatment of a suspect, two wrongful arrests, plus denying a prisoner his medication.
If they call to make a deal, take the call.
Get whatever you can.
Seven colleagues, partners, witnesses at the DEA who could testify against Keener.
All gone.
Unavailable.
Unreachable.
Plus they're dragging their feet on discovery.
Other than this one agent, Bill Howfield, we don't have anything.
DEA's freezing us out.
I don't understand, they fired the guy.
They had to cut him loose.
Doesn't mean they had to turn against him.
They'll protect him.
Build a wall around a terminated colleague.
We're at that wall.
And it's only gonna get higher.
And it won't just be this case.
It'll be everything we do.
The agencies will start routing things to Brooklyn.
Locals.
We will pay for this.
The office.
Me.
You.
Make the call.
You.
Me.
This room.
Never gets old.
Good.
Then you won't mind that I'm not leaving here until you reduce the charges to a misdemeanor.
Never gonna happen.
I can set up a cot in that corner.
- You will be here forever.
- I live out of a bag.
This will not be difficult for me.
- I want to tell you something.
- Oh, God.
Not some fake sob story about your boyhood dreams of being Superman.
No, this is a true story, and it belongs to an innocent man named Brian Torres.
I know you're feeling very righteous after Jared Nash.
I get it.
I do.
But if we're gonna talk about an innocent man, let's talk about Kirk Keener.
A distinguished federal agent who made a mistake.
This is Unbelievable? I literally want to be saying what you're saying.
Then we should be able to figure this out.
Is this your animal case? I thought you were settling that.
The only way this stops is if I push for jail time.
The smugglers are making millions.
The fines are no more than a tax.
Not settling.
What is that? Kool & Klean.
Two K's.
Two K's? That's not good.
I'm looking into a case for Jay Simmons.
- Ohh.
Also not good.
- I like Jay.
He's different than he was when you went up against him.
Oh, I doubt that.
People change.
You weren't into animals.
And now you're like the anima I am not.
I'm just trying to understand the other side.
I'm just trying to do my job.
That is all this is.
I like animals, too.
Allison and I were gonna get a dog, but then it didn't seem like she really wanted a dog.
Or me.
I saw her over there.
In the office.
It's weird when you talk to someone every single day and then suddenly you don't talk to them at all.
Maybe that could be us someday.
Keener admits to a civil violation.
Pays a $10,000 fine, and they drop the criminal charge.
No trial, no jail time.
That's good.
I'll take it to Keener.
I worked it out with Sandra Bell.
Keener admits to a civil violation, we drop the criminal charge.
No need to worry about that DEA wall.
Draft the agreement.
You pay a $10,000 fine And say that I violated his rights, like this was police brutality.
And never work in law enforcement again.
And avoid years in prison.
Which is what you're facing if we try this and lose.
Look, it's your choice.
I just want you to understand the risks.
The risks? You're telling me about risk? Do you have any idea what I do? The choices that I've made? The risks that I take every day? I risk my life for other people because I genuinely believe in what I do.
And I know that you look at me and you think that I'm just part of the system that has abused your clients.
Well, I am not the system.
I am a man who works hard.
Who has tried my best.
And, yes, I am flawed.
I make mistakes.
I-I-I have gotten emotional.
I've over-reacted.
I'm a human being and I make mistakes, and I made a mistake here.
But it was a mistake.
This is the deal.
You tell me what you want me to do.
If you think that I should take the deal, then I'll take it.
I've seen you.
I know what you can do.
I know how good you are.
I just want you to fight as hard for me as you do for everybody else.
That is what I will do.
Hey! Hello?! Let me Let me talk to my family.
Come on! Oh, man! Come on! Let me call my family! This is not right! Let me out!! I need help.
I watched it.
What the DEA did to Torres? Stupid, awful, tragic even.
Not criminal.
Really, Jill? You're the one who wanted me to press charges.
Just like that.
On the other side.
Just like you.
What side do you think I'm on? Torres is a victim.
I represent victims.
You represent the government.
On behalf of the victims.
The victims are the people being abused by the government.
You don't believe that.
Is that what you really believe? That's what I've always believed.
Keener is as much a victim here as Torres.
You're on the wrong side of this.
I'm on the opposite side of you.
I think that's where I want to be.
We're withdrawing the plea offer.
I'll see you at trial.
Agent Howfield, you were on duty the night Agent Keener booked Brian Torres into Holding Room number 3, is that right? - That's right.
- Did Agent Keener say anything to you about Mr.
Torres at that time? He said, "Leave that son of a bitch in there.
I'll be back.
" Did Mr.
Keener ever come back? No, sir.
He did not.
You ever hear a DEA agent or other law enforcement official refer to a suspect as a "son of a bitch"? Yes.
Worse? All the time.
Every day.
Did you tell anyone that Mr.
Torres was in that room when you went off shift, Agent Howfield? No.
Why not? Forgot.
Ms.
Blake, you maintain the video surveillance system at the DEA Field Office in Manhattan, correct? I do.
Have you had an opportunity to review the surveillance video of Holding Room 3? Objection! Let's take a brief recess.
The only purpose of that video is to inflame the jury.
The purpose of the video is to establish an element of the offense.
You want to put on the video because you know that it is so horrifying that no jury can watch it and I want to put on the video because it's my right to put on my case the way I see We'll agree to a few stills from the video, Your Honor.
Stills is gonna break down the video so it's worthless.
That's what you do every time you decide not to try an officer, isn't it? How many times have we seen your boss stand in front of a bank of cameras telling us that we're not seeing what we think we're seeing? "The video doesn't tell the whole story.
" Well, in this case, it doesn't.
In this case, we did charge an officer.
How big of you.
Ms.
Carlan.
Mr.
Gunn.
I'm enjoying it.
I-I really am.
I wish you could switch sides every week or so.
I think our system might be better for the perspective.
But we need to move forward now.
Can I call my family? Hey! We got to call my family! We got to call my family! Oh, man! Come on! Let me call my family! This is not right! Hello?! Let me out! This is not right! I looked into Kool & Klean.
Their product is highly suspect, their support nonexistent, but nothing illegal.
- Nothing? - Sorry.
That's shameful.
I know.
The company's a mess, but the law is very clear on I'm not talking about Kool & Klean.
I'm talking about you.
All of you.
This office.
I'm sorry? This company is stealing people's money.
Their life savings.
And you have nothing to say about it.
Just, "Oh.
" Rodrigo Puente, who hurt no one, does 10 years, and you can't do anything about this? Your dad made a bad deal.
It's frustrating.
I get it.
But I didn't write the law and I don't set the priorities in this office.
I thought you were different.
A lot of people in your office have this problem with me.
I've been waiting for this moment for a long time.
And here is what I want to say to you Where is the elevator? Right behind you.
Thank you.
I never took you for an animal I'M NOT! Okay, well Mr.
Gunn, you may proceed.
Ten seconds.
That was 10 seconds.
Only 10.
But enough for you to wonder, "What's happening? What's wrong?" Enough time to make you feel uncomfortable.
Unnerved.
Impatient.
Anxious.
In the four days after Kirk Keener locked Brian Torres in Holding Room 3, Brian experienced that 34,560 times.
In a row.
And each time it got worse.
Time flies when you're having fun.
It stops when you're being tortured.
And this was torture.
Four days in an unheated, airless tomb.
No food.
No water.
No bathroom.
No windows.
No voices.
No hope.
Ms.
Carlan will tell you this happened because of a mistake.
This was not a mistake.
Because you do not make mistakes like this.
Mr.
Keener certainly doesn't.
He's a professional.
He knows what he's doing.
And he knew what he was doing.
"Leave that son of a bitch in there.
" That's what he said.
This was arrogance.
This was contempt.
This was a man and a system that believes the little people can be swept up, loaded up, locked away.
Forgotten.
This was cruelty.
This was torture.
This was not a mistake.
The mistake will be in not holding Mr.
Keener accountable.
The mistake will be in letting those charged with enforcing the law, stand above it.
The mistake will be in allowing Brian Torres to be left alone.
Again.
Brian Torres is by every account a good and decent man.
An innocent man.
A victim.
We do not dispute this.
We acknowledge this.
We respect this.
But, while we all here grieve for Brian Torres, that is not why we are here.
That is not why you are here.
You are here to determine if Kirk Keener did willfully deprive Mr.
Torres of his rights.
Willfully.
Willfully.
Did he intend to do this? And the answer to that question is simply no.
Mr.
Gunn is a strong and formidable attorney, and knowing that he had no case here, he tried to make a case.
Out of that video.
Out of emotion and fear.
And there is reason to be fearful here.
There is.
But the fear should not be that what happened to Brian Torres will happen to you.
Because what happened to Brian Torres, while excruciating, is mercifully rare.
The fear is, and should be, that what is happening to Kirk Keener could happen to you.
That because of a mistake, because of an accident, because of one moment of real human frailty, the full weight of the United States government will bear down upon you and you will be swept up, loaded up, locked away.
Put in a box.
Forgotten.
And no one will feel bad for you because you will just be a criminal.
How can Seth say there's no case? Scamming hardworking people isn't wrongdoing anymore? I think he doesn't want the case because prosecutors only want cases that are big and splashy and can make their careers for them.
You know how they are, right? Oh, I know how they are.
So, fine, I'll make this one big and splashy.
I'll go to the Stop.
Sit down.
What? Sit.
For real.
Okay? Okay.
From what I can tell, your dad made a mistake.
He wasn't seduced, he wasn't tricked.
He did something dumb.
And human.
My dad isn't dumb.
My dad was an electrical engineer in Syria.
He has two graduate degrees.
And when he couldn't get a job here as an engineer, he built a small business out of nothing.
He's maybe the smartest person I know, and I know some very smart people.
Then maybe listen to what they're telling you.
My mom, later on in her life, needed help with various things.
Personal things.
Hygiene things.
When I'd have to help her in that way, she'd do this strange thing, she'd just laugh and say, "Flippity-flop!" I didn't know what it was, I thought it was a silly noise to make, out of embarrassment.
But I finally asked her what in the hell that meant.
And she said, "It means now I'm the baby, and you're the mom.
" My parents aren't old.
I know.
But at some point, it's how it goes.
Sons become fathers, fathers become sons.
Heroes become flesh and blood.
Flippity-flop.
In the case of United States versus Kirk Keener, we the jury find the defendant, Kirk Keener not guilty of one count of deprivation of civil rights under color of law.
Thank you.
Mm-hmm.
Well, you finally beat me.
I kind of beat you last time, but, anyway, it wasn't me.
No, it wasn't.
But your side did win.
Or my side did.
I'm not sure anymore.
Anyway, congratulations.
Thank you.
I realize I've never seen your happy face before, but if this is it? It needs work.
We will not allow these smugglers to shamelessly exploit We will not allow these smugglers to shamelessly exploit Homemade baklava.
From Jay Simmons.
Well, probably his mom, but still Jay-adjacent.
His version of an apology.
And since he was your antagonist, I thought you might want I mean, I walk into this office, and it's like being on the Jungle Cruise now.
You've gone full animal.
Is there anybody more into animals than you at this point? You're off the hook on this wildlife case, Littlejohn.
What? What are you talking about? Smuggler's attorney went behind our backs to the State Department.
Her guy offered up a bigger guy.
It's been settled.
Please tell me they got warheads or political prisoners out of this.
Black-market Chinese tobacco.
Apparently that's something.
I'm sorry.
Oh, no.
God.
Nothing to be sorry about.
I tried to defend these f-furry things, and now I don't have to.
I'm happy.
This is good.
Hi.
What are you? I had a meeting upstairs.
I thought I'd stop by.
Well, this is it.
What do you think? It's nice.
Overhead lighting's a little harsh.
And you could use an outdoor window.
Really tall doors.
Okay.
I get it.
You sure? 'Cause I got more.
Yeah.
I'm good.
Well, in that case, I'm gonna head home.
I was just about to break into this baklava from Jay, if you want to hang out for a minute.
I get the smaller piece? You're not my girlfriend anymore.
Small price to pay.
- How's your mom? Any big scores at the "Antiques Roadshow" lately? $5,000 on a comb that belonged to Gerald Ford.
No way! Got the certificate and everything.
You know, I can help.
I'm making good money now.
I can help pay off that thing.
Help? You live with your parents.
Who can you help? Forget it.
I'm the father.
This is my family.
I take care of the family.
This is how he got his name.
He eats a lot of greens, but he loves mango.
Do you want to feed him? - Uh, yes, I would.
Here.
Hi.
Hey, Mango.
I'm Kate.
I know the last time we met, uh, you wanted to talk about Judge Cameron.
I have an update for you.
You okay? - I'm fine.
- You look like hell.
You should see me when I'm not fine.
Have you slept? Not recently.
I don't know how you do it.
Losing all the time.
I find a way to find a win.
Even if it's just the look in your eyes.
Knowing I tried.
I don't sleep much.
- You did the right thing.
- I know.
I'm sorry.
For what I said.
Can we get out of here? Please.
This isn't a work meeting, is it? No.
This is a diner.
You'll appreciate this story.
In 2004, we were up three games to none on the Red Sox in the ALCS.
You're just not trying.
I'm the guy who makes it worse.
I'm the guy you don't want to go up against.
I am leaving.
Seth's good.
He's a good lawyer.
Do you miss him? Sometimes.
I won a trial.
Got my client off.
That's a good day.
My client was a white supremacist.
You won a trial because you had a trial.
It's been my dream to have season tickets to the Yankees with you.
I want to go to games with you.
Thank you.
- This is a diner.
- Yes.
Why are we meeting in a diner? Because I can't get a Denver omelet in my office.
Or your office.
Two years of these meetings, we're always trapped under fluorescent lights, sucking in recycled air, gnawing on government-issued pastries.
I thought we should get out.
- Good morning.
- Good morning.
What's in a Denver omelet anyway? Diced ham, green peppers, onions, cheese.
That's a Western omelet.
Denver is in the West.
What's on the agenda today? Already with the work? This is a work meeting, right? I scribbled down "complain about Draconian new sentencing guidelines from Main Justice.
" "Judge Cameron.
" Not sure what I meant by that.
Ever been to Denver? Uh, only to the airport.
They have a great bookstore in Denver.
The Tattered Cover.
Anytime I fly into Denver, I add on at least six hours for a trip to The Tattered Cover.
They have great staff recommendations.
I always go with a guy named "Topher.
" - Topher.
- I trust Topher.
Uh, there was a DEA raid on Hughes Street you'll be getting some incoming.
Uh, that's all the business I have.
You gonna order? For real? You want me to order for you? That's the third DEA sweep in that area in a month.
- I wish it were more.
- You're just dragging in a bunch of low-level, non-violent users We're using an effective tool against violent drug dealers who are threatening the safety of the neighborhood.
Effective? If it's so effective, why do you have to keep doing it? Denver omelet? Western omelet? There's no difference on the inside.
Let's not confuse things here, either.
This is a work meeting.
We should meet at work.
This is a diner.
This is an Archaeopteryx.
Am I saying that right? I think the emphasis is on the first syllable.
- Really? - No.
I have no idea.
Lara is really into large, dead birds.
- Sounds promising.
- We spent like four hours at the Natural History Museum on Sunday.
Oh, this is a Phorusrhacos.
"Dude, your dad is my Mobl driver.
" What? That is a text.
You got a text.
Oh.
My friend Mike, what an idiot.
"Yeah, not possible, and FYI, we don't all look the same.
" Okay, do you want to see a Microraptor? It has four wings.
What is it? This is a picture of my dad driving a Mobl.
I'll be honest.
I prefer it to the dead bird.
Favorite animal? Zebra.
Favorite animal? Uh, in Australia, there are these Favorite animal.
Otter.
They do that thing with their hands.
Favorite animal.
Uh, Bergamasco.
- Favorite animal.
- I don't have one.
- If you had to choose.
- Why would I have to choose? How do you feel when you look at this picture? Itchy.
I don't like cats.
It's not a cat.
It looks like a cat.
I don't like it.
This is your new case.
Animal trafficking.
This is your new case.
DEA sweep No.
Please.
Can we switch? No.
You're the animal lady.
- I'm not the animal lady.
- You're the animal lady.
DEA sweep.
On Hughes Street.
There's been a run of drug-related shootings in the area and that community's been begging for more enforcement.
This is more enforcement.
We're on the right side of this, no matter what they're saying on the other side of Foley Square.
Reckless, swaggering, unconstitutional law-enforcement showboating.
enforcement showboating.
Got it.
This is the DEA sweep on Hughes Street? Our client was literally cutting the cake at his son's birthday party when the agents swarmed the courtyard of his building.
How many others were arrested? Well, that's what's interesting.
DEA 6 form says they picked up 12 people, but only 11 are in the system.
Someone named "Brian Torres" is missing.
- Missing? - Missing.
Torres could be a unicorn.
An unimpeachable defense witness.
Someone accidentally caught up in the raid.
- Mm-hmm.
- If we can find him, he might be able to help our defense.
I'll call the line AUSA and see what happened to him.
No.
Don't call.
Go to the DEA field office.
Get out in front of this.
Otter? I don't know why I said otter.
And I did th-that thing with the hands.
- Please don't.
- What's the case? Trafficking wildlife under the Endangered Species Act.
Red pandas one died in transit.
- That's horrible.
- I'll get through it.
Next case'll be more interesting.
I meant the panda.
Dying.
It's horrible.
Why did Roger give you this case again? Because I don't like animals.
You can see the trouble I'm having, right? Because he knows I can approach this logically and rationally and that I'm not gonna lose my mind about some furry thing.
When you say "lose my mind," do you mean feel genuine human emotion about the death of an innocent creature? Yes.
You don't believe we should protect animals? For the billions of dollars we could use to feed the hungry? Or house the homeless? To prosecute people who commit crimes against people? - No.
- What if they're endangered? Then it's probably time for them to go.
I saw "Jurassic World.
" I think you need a pet.
Do you have a pet? I don't like things that lick me.
First, I'll just say, that's not a great rule.
Also, you can get a fish.
Point is, it's nice to have another living creature around to talk to Helps you feel less lonely.
Even when I was living with Ezra, I would sometimes I'm not lonely.
Why aren't you lonely? You should be lonely.
Are you seeing someone? If you were a fish, I'd talk to you about it.
Dad, when did you start driving Mobl? The water in the apartment.
You notice anything? The water, what about it? Tastes fresh, huh? Why are you driving Mobl? I made an investment.
After Flint, in Michigan, everyone wants clean water.
This company, Kool & Klean with K's Kool, Klean they offered a chance to distribute.
Dad, please tell me you didn't buy into some pyramid scheme.
No.
I buy the filters, then sell them at three times the price I paid.
And you sold? One.
To myself.
Turns out this is not Flint, Michigan.
New York City water is the freshest in the country.
So, now I have $5,000 worth of filters in your uncle's basement.
Okay, well, $5,000 isn't a disaster.
No.
$5,000 isn't.
Wait.
Is it more than $5,000? Dad, how much are you in for? This is not your concern.
It's fine.
How is it fine? Coming from the guy who can spend two hours in a grocery store price-comparing cans of peas.
I said it's fine.
I'll make the money back, you won't worry your mother with this, and you'll go to work.
This is not for you to fix.
I will fix it, okay? Okay.
- The DEA raid.
- Yes.
There's something wrong with the DEA intake form.
There's someone missing.
What do you mean missing? Who's missing? - Brian Torres.
- Not Brian.
Not Torres.
Brian Torres was brought in four days ago on the Hughes Street sweep.
Is that a question? I'm representing one of the co-defendants.
I'm learning a lot.
He hasn't been charged, he wasn't processed into BOP.
There are no release papers.
So I need whatever you have.
I have six cookies and two more hours until I'm done here.
Here's what I have.
I have the power to call you in to testify in this case.
And I can assure you, you won't like it.
You look comfortable there.
What I will do with you will make you uncomfortable.
So, we can do that I like doing that or you can tell me what happened to Brian Torres.
Brian Torres was checked into Holding Room 3 at 5:37 p.
m.
last Thursday.
And released? After that.
But he's obviously gone or else we'd still have his stuff.
Help! I need help in here! I dropped the charges.
Possession, distribution, everything.
You think that's even close to enough? Dropping all the charges against your client? It should be close.
You had to drop them.
We didn't have to.
The DEA left a witness in a holding cell for four days.
He nearly died! Do you want me to drop the charges again, like I really mean it? I want you to bring charges against the agent who did this.
What the DEA did to Torres? Stupid, awful, tragic even.
Not criminal.
That's what you guys say every time.
Every time it's an accident.
Every time someone is shot with their hands up, or thrown in the back of a van, or left to die in a holding cell, it's tragic and nobody is ever responsible for the tragedy.
Every time an officer Goes on shift, he is thinking about how to violate our civil rights.
He's angry.
He's racist.
He's calculating and deliberate and premeditated.
He's part of a goon squad trying to inflict maximum pain on people and communities he despises.
Every time.
Have you watched the video? I don't need to watch the video.
Try the part where he hallucinates, tries to eat his own glasses, claws and scratches The agent who left him there - Fired.
- You say that like it means something.
It means he's fired.
I'm sorry about what happened to Torres.
I am.
But there's nothing to prosecute here.
This was an accident.
Next time you're in Denver, why don't you skip the bookstore and drive out to Florence.
ADX.
Supermax.
Where everyone is held in solitary.
See what it does to a person.
Or just watch the video on your desk.
Sorry? You'll be sorry you didn't do more.
Seth Oliver's a reasonable guy, right? Career choice notwithstanding.
And the fact that he broke up with you.
It was mutual.
- Was it? - Yes.
Huh.
Why are you asking? Do you have a case against him? No.
I want to talk to him about bringing a case, and he's the only prosecutor I know.
I mean, I know Kate Littlejohn, but I'd rather get food poisoning than talk to Kate Littlejohn.
Like actual food poisoning.
Like salmonella.
I think I generally understand the point.
Do you think Seth would talk to me? I-I think so.
And he's reasonable.
For the most part.
I can call him if you want.
I don't want to make it awkward for you.
I don't think it would be awkward.
I haven't seen him in a while.
It's cool.
I can do it.
Thanks.
Your client trafficked in endangered animals Usually, we just pay five grand and call it a day.
And usually, I'm not involved in these cases, so we might be doing it differently.
The red panda died in transit.
It was alive when it hit American soil.
My client didn't kill it, Customs did.
I'll be in touch after I've checked out the body.
The body? It's a panda, not a lady jogger found by the East River.
Red panda.
I like to be accurate.
We should grab drinks.
If you're gonna be the animal lady, we're gonna be seeing each other a lot.
I am not the animal lady.
The holding cell tape of Brian Torres.
Someone leaked it.
Not someone.
Jill.
It's all over the news.
And it's awful.
Draw up charges against Agent Keener.
What? Draw up charges against Agent Keener.
She's put us in a box here.
We need to do something.
Measured, reasonable charges that show the public that we take this seriously, but that don't piss off our friends at the DEA who we need.
You wanted to see me? No, I wanted to drink with you.
Oh.
In 2004, we were up three games to none on the Red Sox in the ALCS.
We, the Yankees.
No team has ever come back from three games down.
So this champagne was chilled.
Ready to be drunk.
This very bottle.
And then Then Mariano Rivera walks Kevin Millar in the bottom of the ninth.
Mariano Rivera.
Red Sox score.
Win the game.
The series.
The World Series.
Breaking a curse going back 86 years.
The only thing more incredible than what the Red Sox did that year is what Roger Gunn did today.
What we made him do.
Mm-hmm.
The U.
S.
Attorney's office actually filed charges against a federal agent.
They never do this.
That man, there? That's Kirk Keener, the DEA Agent who left Brian Torres in a cell to rot.
It's time to finally drink this.
Mm-hmm.
Counselors, please state your appearances.
Roger Gunn and Leonard Knox for the United States, your honor.
Jill Carlan and Sandra Bell for the defendant, DEA Special Agent Kirk Keener.
Well.
I'm still a judge.
Let's get started.
Under the condition that Mr.
Keener surrenders any and all weapons and does not associate with the victim or the victim's family, bail is set at $250,000.
Your honor, Mr.
Keener doesn't have the resources to post a quarter of a million dollar bond.
That's why I'm representing him.
It's a drop in the bucket for the Association of Federal Drug Enforcement Agents.
The union isn't giving Mr.
Keener financial assistance.
He was fired.
Mr.
Gunn knows that.
I'm going to hold at $250,000.
Careful what you wish for.
You're being charged with 18 USC 242, deprivation of rights under color of law.
A key issue's going to be intent whether you "willfully subjected" You may want to listen to this.
I have testified against clients of yours, what, seven, eight times? I know what you think of the DEA.
The work we do.
Me.
It was five times, and I think you're my client.
I'm here to represent you.
It was an accident.
I arrested Torres Even though he was clean.
His name matched a suspect in another case.
I told Bill Howfield, "Hold him while I check it out.
" According to the indictment, you actually told Agent Howfield to "Leave that son of a bitch in there.
" Torres was screaming at me.
- He was innocent.
- Well, I didn't know that.
I was trying to assess the situation.
I was frustrated.
I told Howfield to hold him and I'd be back.
And then I got pulled onto another bust and I forgot.
Why am I being singled out? What about everybody else that works down there? No one else knew Torres was in that room after Howfield went off shift and you didn't come back.
You were the arresting officer.
You were the one who ordered him held.
It wasn't an order.
I was planning on coming back.
I made a mistake.
This is a problem for you, isn't it? Defending me? Everything is backwards and weird.
I don't like it.
The sandwich is pretty good.
Jill is defending a DEA agent because Roger is prosecuting a DEA agent.
And I'm helping her.
Right now? I'm supposed to be finding character evidence for a DEA agent.
It's like a weird dream where everybody's on opposite sides and Seth's here.
Seth is in your weird dream? No.
He's here.
In our office.
Hey.
- Hi.
- Hi.
- Uh, do you know where? - Hey.
Never mind.
Found him.
- You wanna go? - Yeah.
See? Weird.
Thanks for coming by.
I would've come to you.
I've always been curious about this place.
Ah.
Never been here? Allison never brought you here? We made a point of keeping work and home separate.
And we were actually pretty good about that.
For a few hours.
Then we broke up.
So whaddya need? I have a case for you.
Kool & Klean.
With two K's.
Two K's? Like the Kool and the Klean each starts with a K? Yes.
They sell water filters, but their parent company runs dozens of other Multi-Level Marketing "opportunities.
" Nutritional supplements, phone plans, skin care Croissants? The donut place near my apartment sells all those things, plus croissants.
I think these are scams that bilk people out of their life's savings.
Um, I thought a prosecutor should take a look.
How'd this get on your radar? My dad was one of the ones scammed.
I'm not sure for how much.
A lot, I think.
But yeah my dad.
That sucks.
I'm sorry.
I'll take a look.
Thank you.
I can't promise, but there might be a water filter in it for you.
Oh.
This little guy came in about a month ago.
He's kind of like our house dragon.
If I didn't already have a couple at home, I'd adopt him.
- You want to feed him? - Uh, no.
The red panda.
Can you tell me if it was dead when it arrived in the country? Oh, yeah.
Monte was dead.
At least a day before he ever got here.
Uh, Monte? I name them.
These collectors, they act like animals are vintage salt and pepper shakers they got at a flea market.
And the smugglers make bank.
$23 billion last year.
Their creativity would be impressive if it weren't so horrible hidden storage in cars, stuffing birds into toilet paper rolls in suitcases.
And the fines mean nothing to them.
"5OK? Sure, let me just roll off my money pile and pick up some spare change.
Here you go.
" Meanwhile, they're cutting the faces off rhinos to take their horns.
Do you have documentation showing the red panda arrived dead? I take photos of everyone who comes in.
No one ever wants to prosecute, but a guy can hope.
I still have the body.
Do you want to see? Yes.
Here.
Hold Mango.
Ohh.
Follow me.
These ones over here are all gonna go to zoos or sanctuaries.
We can usually find homes for the cute or the rare.
But 20 baby eels, or a turtle or a guy like Mango there? Probably not.
People want snuggly and furry and cute something they can pet.
Mango's just Mango.
Not trying to impress.
What happens to those? Depends on your religion, I guess.
Main reason I took this job is I love animals.
Same reason you have the case, right? Uh, little different.
Now I mostly just put them to sleep.
The body's in there.
You're going after this guy, right? I know it's a lot of work for just a small fine.
But Monte would appreciate it, I think.
Thank you for your time.
Can you take uh, Mango? - Yeah.
- Thanks.
Ooh.
How'd it go with Keener? He doesn't trust me.
I'm sure it'll take a little time.
On both sides.
Do you watch law shows on TV? No.
You're not missing a whole lot.
They always have defense lawyers struggling with how they can defend their horrible clients.
Do you know how often I ever feel that struggle? - Never.
- Not ever.
It's a total fiction about who we are and the work we do and the way we approach this job.
But this one is difficult.
I've spent my whole career going up against people like Keener.
Then this isn't gonna help.
Four formal complaints against Keener when he served in the Jacksonville Vice Unit.
Mistreatment of a suspect, two wrongful arrests, plus denying a prisoner his medication.
If they call to make a deal, take the call.
Get whatever you can.
Seven colleagues, partners, witnesses at the DEA who could testify against Keener.
All gone.
Unavailable.
Unreachable.
Plus they're dragging their feet on discovery.
Other than this one agent, Bill Howfield, we don't have anything.
DEA's freezing us out.
I don't understand, they fired the guy.
They had to cut him loose.
Doesn't mean they had to turn against him.
They'll protect him.
Build a wall around a terminated colleague.
We're at that wall.
And it's only gonna get higher.
And it won't just be this case.
It'll be everything we do.
The agencies will start routing things to Brooklyn.
Locals.
We will pay for this.
The office.
Me.
You.
Make the call.
You.
Me.
This room.
Never gets old.
Good.
Then you won't mind that I'm not leaving here until you reduce the charges to a misdemeanor.
Never gonna happen.
I can set up a cot in that corner.
- You will be here forever.
- I live out of a bag.
This will not be difficult for me.
- I want to tell you something.
- Oh, God.
Not some fake sob story about your boyhood dreams of being Superman.
No, this is a true story, and it belongs to an innocent man named Brian Torres.
I know you're feeling very righteous after Jared Nash.
I get it.
I do.
But if we're gonna talk about an innocent man, let's talk about Kirk Keener.
A distinguished federal agent who made a mistake.
This is Unbelievable? I literally want to be saying what you're saying.
Then we should be able to figure this out.
Is this your animal case? I thought you were settling that.
The only way this stops is if I push for jail time.
The smugglers are making millions.
The fines are no more than a tax.
Not settling.
What is that? Kool & Klean.
Two K's.
Two K's? That's not good.
I'm looking into a case for Jay Simmons.
- Ohh.
Also not good.
- I like Jay.
He's different than he was when you went up against him.
Oh, I doubt that.
People change.
You weren't into animals.
And now you're like the anima I am not.
I'm just trying to understand the other side.
I'm just trying to do my job.
That is all this is.
I like animals, too.
Allison and I were gonna get a dog, but then it didn't seem like she really wanted a dog.
Or me.
I saw her over there.
In the office.
It's weird when you talk to someone every single day and then suddenly you don't talk to them at all.
Maybe that could be us someday.
Keener admits to a civil violation.
Pays a $10,000 fine, and they drop the criminal charge.
No trial, no jail time.
That's good.
I'll take it to Keener.
I worked it out with Sandra Bell.
Keener admits to a civil violation, we drop the criminal charge.
No need to worry about that DEA wall.
Draft the agreement.
You pay a $10,000 fine And say that I violated his rights, like this was police brutality.
And never work in law enforcement again.
And avoid years in prison.
Which is what you're facing if we try this and lose.
Look, it's your choice.
I just want you to understand the risks.
The risks? You're telling me about risk? Do you have any idea what I do? The choices that I've made? The risks that I take every day? I risk my life for other people because I genuinely believe in what I do.
And I know that you look at me and you think that I'm just part of the system that has abused your clients.
Well, I am not the system.
I am a man who works hard.
Who has tried my best.
And, yes, I am flawed.
I make mistakes.
I-I-I have gotten emotional.
I've over-reacted.
I'm a human being and I make mistakes, and I made a mistake here.
But it was a mistake.
This is the deal.
You tell me what you want me to do.
If you think that I should take the deal, then I'll take it.
I've seen you.
I know what you can do.
I know how good you are.
I just want you to fight as hard for me as you do for everybody else.
That is what I will do.
Hey! Hello?! Let me Let me talk to my family.
Come on! Oh, man! Come on! Let me call my family! This is not right! Let me out!! I need help.
I watched it.
What the DEA did to Torres? Stupid, awful, tragic even.
Not criminal.
Really, Jill? You're the one who wanted me to press charges.
Just like that.
On the other side.
Just like you.
What side do you think I'm on? Torres is a victim.
I represent victims.
You represent the government.
On behalf of the victims.
The victims are the people being abused by the government.
You don't believe that.
Is that what you really believe? That's what I've always believed.
Keener is as much a victim here as Torres.
You're on the wrong side of this.
I'm on the opposite side of you.
I think that's where I want to be.
We're withdrawing the plea offer.
I'll see you at trial.
Agent Howfield, you were on duty the night Agent Keener booked Brian Torres into Holding Room number 3, is that right? - That's right.
- Did Agent Keener say anything to you about Mr.
Torres at that time? He said, "Leave that son of a bitch in there.
I'll be back.
" Did Mr.
Keener ever come back? No, sir.
He did not.
You ever hear a DEA agent or other law enforcement official refer to a suspect as a "son of a bitch"? Yes.
Worse? All the time.
Every day.
Did you tell anyone that Mr.
Torres was in that room when you went off shift, Agent Howfield? No.
Why not? Forgot.
Ms.
Blake, you maintain the video surveillance system at the DEA Field Office in Manhattan, correct? I do.
Have you had an opportunity to review the surveillance video of Holding Room 3? Objection! Let's take a brief recess.
The only purpose of that video is to inflame the jury.
The purpose of the video is to establish an element of the offense.
You want to put on the video because you know that it is so horrifying that no jury can watch it and I want to put on the video because it's my right to put on my case the way I see We'll agree to a few stills from the video, Your Honor.
Stills is gonna break down the video so it's worthless.
That's what you do every time you decide not to try an officer, isn't it? How many times have we seen your boss stand in front of a bank of cameras telling us that we're not seeing what we think we're seeing? "The video doesn't tell the whole story.
" Well, in this case, it doesn't.
In this case, we did charge an officer.
How big of you.
Ms.
Carlan.
Mr.
Gunn.
I'm enjoying it.
I-I really am.
I wish you could switch sides every week or so.
I think our system might be better for the perspective.
But we need to move forward now.
Can I call my family? Hey! We got to call my family! We got to call my family! Oh, man! Come on! Let me call my family! This is not right! Hello?! Let me out! This is not right! I looked into Kool & Klean.
Their product is highly suspect, their support nonexistent, but nothing illegal.
- Nothing? - Sorry.
That's shameful.
I know.
The company's a mess, but the law is very clear on I'm not talking about Kool & Klean.
I'm talking about you.
All of you.
This office.
I'm sorry? This company is stealing people's money.
Their life savings.
And you have nothing to say about it.
Just, "Oh.
" Rodrigo Puente, who hurt no one, does 10 years, and you can't do anything about this? Your dad made a bad deal.
It's frustrating.
I get it.
But I didn't write the law and I don't set the priorities in this office.
I thought you were different.
A lot of people in your office have this problem with me.
I've been waiting for this moment for a long time.
And here is what I want to say to you Where is the elevator? Right behind you.
Thank you.
I never took you for an animal I'M NOT! Okay, well Mr.
Gunn, you may proceed.
Ten seconds.
That was 10 seconds.
Only 10.
But enough for you to wonder, "What's happening? What's wrong?" Enough time to make you feel uncomfortable.
Unnerved.
Impatient.
Anxious.
In the four days after Kirk Keener locked Brian Torres in Holding Room 3, Brian experienced that 34,560 times.
In a row.
And each time it got worse.
Time flies when you're having fun.
It stops when you're being tortured.
And this was torture.
Four days in an unheated, airless tomb.
No food.
No water.
No bathroom.
No windows.
No voices.
No hope.
Ms.
Carlan will tell you this happened because of a mistake.
This was not a mistake.
Because you do not make mistakes like this.
Mr.
Keener certainly doesn't.
He's a professional.
He knows what he's doing.
And he knew what he was doing.
"Leave that son of a bitch in there.
" That's what he said.
This was arrogance.
This was contempt.
This was a man and a system that believes the little people can be swept up, loaded up, locked away.
Forgotten.
This was cruelty.
This was torture.
This was not a mistake.
The mistake will be in not holding Mr.
Keener accountable.
The mistake will be in letting those charged with enforcing the law, stand above it.
The mistake will be in allowing Brian Torres to be left alone.
Again.
Brian Torres is by every account a good and decent man.
An innocent man.
A victim.
We do not dispute this.
We acknowledge this.
We respect this.
But, while we all here grieve for Brian Torres, that is not why we are here.
That is not why you are here.
You are here to determine if Kirk Keener did willfully deprive Mr.
Torres of his rights.
Willfully.
Willfully.
Did he intend to do this? And the answer to that question is simply no.
Mr.
Gunn is a strong and formidable attorney, and knowing that he had no case here, he tried to make a case.
Out of that video.
Out of emotion and fear.
And there is reason to be fearful here.
There is.
But the fear should not be that what happened to Brian Torres will happen to you.
Because what happened to Brian Torres, while excruciating, is mercifully rare.
The fear is, and should be, that what is happening to Kirk Keener could happen to you.
That because of a mistake, because of an accident, because of one moment of real human frailty, the full weight of the United States government will bear down upon you and you will be swept up, loaded up, locked away.
Put in a box.
Forgotten.
And no one will feel bad for you because you will just be a criminal.
How can Seth say there's no case? Scamming hardworking people isn't wrongdoing anymore? I think he doesn't want the case because prosecutors only want cases that are big and splashy and can make their careers for them.
You know how they are, right? Oh, I know how they are.
So, fine, I'll make this one big and splashy.
I'll go to the Stop.
Sit down.
What? Sit.
For real.
Okay? Okay.
From what I can tell, your dad made a mistake.
He wasn't seduced, he wasn't tricked.
He did something dumb.
And human.
My dad isn't dumb.
My dad was an electrical engineer in Syria.
He has two graduate degrees.
And when he couldn't get a job here as an engineer, he built a small business out of nothing.
He's maybe the smartest person I know, and I know some very smart people.
Then maybe listen to what they're telling you.
My mom, later on in her life, needed help with various things.
Personal things.
Hygiene things.
When I'd have to help her in that way, she'd do this strange thing, she'd just laugh and say, "Flippity-flop!" I didn't know what it was, I thought it was a silly noise to make, out of embarrassment.
But I finally asked her what in the hell that meant.
And she said, "It means now I'm the baby, and you're the mom.
" My parents aren't old.
I know.
But at some point, it's how it goes.
Sons become fathers, fathers become sons.
Heroes become flesh and blood.
Flippity-flop.
In the case of United States versus Kirk Keener, we the jury find the defendant, Kirk Keener not guilty of one count of deprivation of civil rights under color of law.
Thank you.
Mm-hmm.
Well, you finally beat me.
I kind of beat you last time, but, anyway, it wasn't me.
No, it wasn't.
But your side did win.
Or my side did.
I'm not sure anymore.
Anyway, congratulations.
Thank you.
I realize I've never seen your happy face before, but if this is it? It needs work.
We will not allow these smugglers to shamelessly exploit We will not allow these smugglers to shamelessly exploit Homemade baklava.
From Jay Simmons.
Well, probably his mom, but still Jay-adjacent.
His version of an apology.
And since he was your antagonist, I thought you might want I mean, I walk into this office, and it's like being on the Jungle Cruise now.
You've gone full animal.
Is there anybody more into animals than you at this point? You're off the hook on this wildlife case, Littlejohn.
What? What are you talking about? Smuggler's attorney went behind our backs to the State Department.
Her guy offered up a bigger guy.
It's been settled.
Please tell me they got warheads or political prisoners out of this.
Black-market Chinese tobacco.
Apparently that's something.
I'm sorry.
Oh, no.
God.
Nothing to be sorry about.
I tried to defend these f-furry things, and now I don't have to.
I'm happy.
This is good.
Hi.
What are you? I had a meeting upstairs.
I thought I'd stop by.
Well, this is it.
What do you think? It's nice.
Overhead lighting's a little harsh.
And you could use an outdoor window.
Really tall doors.
Okay.
I get it.
You sure? 'Cause I got more.
Yeah.
I'm good.
Well, in that case, I'm gonna head home.
I was just about to break into this baklava from Jay, if you want to hang out for a minute.
I get the smaller piece? You're not my girlfriend anymore.
Small price to pay.
- How's your mom? Any big scores at the "Antiques Roadshow" lately? $5,000 on a comb that belonged to Gerald Ford.
No way! Got the certificate and everything.
You know, I can help.
I'm making good money now.
I can help pay off that thing.
Help? You live with your parents.
Who can you help? Forget it.
I'm the father.
This is my family.
I take care of the family.
This is how he got his name.
He eats a lot of greens, but he loves mango.
Do you want to feed him? - Uh, yes, I would.
Here.
Hi.
Hey, Mango.
I'm Kate.
I know the last time we met, uh, you wanted to talk about Judge Cameron.
I have an update for you.
You okay? - I'm fine.
- You look like hell.
You should see me when I'm not fine.
Have you slept? Not recently.
I don't know how you do it.
Losing all the time.
I find a way to find a win.
Even if it's just the look in your eyes.
Knowing I tried.
I don't sleep much.
- You did the right thing.
- I know.
I'm sorry.
For what I said.
Can we get out of here? Please.
This isn't a work meeting, is it? No.
This is a diner.
You'll appreciate this story.
In 2004, we were up three games to none on the Red Sox in the ALCS.