In Justice s01e08 Episode Script
The Public Burning
Every trial results in a verdict, but not every verdict results in the truth - Frank, you took that money? - I didn't.
I didn't! Money doesn't just disappear.
But I didn't take it! I mean, I didn't even-- What if I found it? What if I found the money? If you found the money? That means you took it! I'm sorry.
But I have nowhere to go, father! This is my home! No, it's not.
I'm sorry, father.
I didn't mean to, father.
Help me! Stop, Frank! Stop! Stop moving! Stop moving! Frank! Frank, stop moving! Frank, stop.
I'm sorry.
I didn't mean to.
Listen, please, help me! I'm sorry! The Frank Benner case.
He's sentenced to die on wednesday.
The jury decided the victim could have survived the blow to the face, but not the smoke and fire.
So they found Frank Benner acted with "callous disregard"-- special circumstances, sentenced to death.
The priest killer, right? I don't know what this has got to do with- Okay, we're officially on vacation.
That was the prosecutor in the Lassiter appeal.
He's requesting a continuance.
Great, so we're in waiting mode on three appeals? Think of it as a good thing, Charlie.
A much needed rest.
You should have some fun.
Fire a few interns.
You should work on your tan.
Yeah, David.
I'll get on that right away.
You're turning into a workaholic on me.
By the way, I'll be in Princeville until the 15th, all right? How's this? Better.
- Sounds like you're busy.
- Oh, yeah.
See ya in a couple weeks.
So the defense lawyers didn't so much as argue the merits of the case as push the issue of mental disability.
But the judge said he holds down a job, he understands right from wrong-- Brianna, this isn't our case, right? - Right.
And yet you're briefing me on it because - Sister Quinn.
- She's here? I didn't know you knew the death row nun.
"Sister Quinn and Charles Conti.
" Right there.
1999, Sister Quinn organizes a protest of celebrities to help get minivan killers off death row.
And what does that have to do with Charlie? "Charlie"? Yeah, Conti.
When did you start calling him "Charlie"? Okay, could you guys concentrate? "The arresting officer argued against the call for clemency.
" Charles Conti.
You just missed Swain.
He's on vacation.
I'm not here for David.
I'm here for you.
I have enough lawyers.
Frank Benner was an orphan at 8.
The only family he ever knew was father Ortiz.
He would never kill him.
He's innocent.
Isn't that what you said about the minivan killer, sister? I said he asked for the lord's forgiveness.
I never said he was innocent.
Look, sister, I know your agenda, okay? You'll do whatever it takes to defeat the death penalty.
I think the death penalty is indefensible, both as law and morality, but I wouldn't do anything-- So you wouldn't lie, even if it meant stopping his execution? That's not a fair question.
Well, that's the difference between you and me.
Someone kills a priest, someone shoots a family of four in the back, I have no sympathy.
- And yet you're working here.
Not because of sympathy.
That's certainty.
We find our client is guilty, we drop him.
We find out someone else is innocent-- Then find out if Frank Benner is innocent.
His lawyers are concentrating purely on procedural appeals.
They spent seven years on appeals.
Nothing.
Frank needs you.
Look, if I'm wrong, the only thing you're risking is a half-hour drive to San Quentin.
In one week, Frank Benner will be dead.
Doesn't he deserve a half-hour of your time? They took my tooth brush.
Yes, Frank.
Just for the day.
They'll give it back after dinner.
They took my shoes, too.
They gave you new ones.
I don't like these.
This is Charlie Conti, Frank.
And another investigator, Sonya Quintano.
Remember? I talked about them.
There's been a lot of people.
They'd like to talk to you, Frank, for a second.
About father Ortiz.
Frank.
What are you drawing there, Frank? Frank, remember I said we needed someone to look at the facts of the case? Please.
Okay, why did you say to the security guard, "I'm sorry.
I didn't mean to do it"? - I didn't.
- You didn't say that? No, I said that I was sorry because I tried to save him and I couldn't.
And that's how you got the burns on your hands? Yes, sir.
The inmate in the holding cell when you went to trial, Larry Duffy, the one who said you confessed-- did you talk to him? - Yes, sir.
But I didn't confess.
What did you say? I said that I didn't remember my mom much.
He was a orphan, too.
Did he ask you about your case? No.
I mean, yeah.
He ask, but I didn't say anything.
He testified you talked about things the police never released to the public things like the victim being wrapped in a rug.
How'd he know those things? I don't know.
I - Frank - I don't know, I I don't wanna die.
Sister.
Frank, I need you to concentrate.
What else did you tell Larry Duffy about your case? He said that he was being held in county, and he wanted to know about city jail.
Nice meeting you, Frank.
Bye, Frank.
- That's it? - That's it.
You can't just reject the case based on that.
I'm not rejecting the case.
What did I miss? A professional snitch needs only one thing to find out more about a case, where the convict was processed.
That's exactly what Frank told Larry Duffy.
Where you going? To get started.
Frank Benner.
Janitor, Saint Sebastian church.
I.
Q.
Of 75.
Judge ruled he was mentally competent enough to know the difference between right and wrong.
Execution set for wednesday.
Next seven days, this is your home.
You got dinner plans, cancel 'em.
You got family in town? I don't know, get 'em theater tickets.
You get tired, I got air mattresses set up in Swain's office.
- Understood? - Yeah.
Okay.
The defense never argued much more than retardation, so what can we attack? - The snitch--Larry Duffy.
Good.
Damian, you're on the Duffy path.
Now the snitch is in one of two places in the prison or the morgue.
Check both.
What else? - The security guard.
He testified he saw Frank leaving the building with his hands on fire.
Help me! The guard says he saw father Ortiz let Frank into the locked rectory ten minutes before the fire.
Frank said he was already in bed, so that leaves one of two options.
What are they? - Well, either the guard is lying Or someone else entered the rectory ten minutes before the fire.
Probably someone Ortiz knew because he let 'em in without an argument.
So, Jon, that's your track.
Was it someone Ortiz was helping? A friend, maybe.
Someone from the church.
And talk to the church board president Eli Stillwell.
Right.
Find out everything you can on Ortiz's dealings with the church.
Brianna, you come with me to talk to the security guard.
.
Okay, everybody.
Seven days.
Let's go.
Sonya? Listen, visitation rights get pretty lenient in the last week and, Frank doesn't have any family, so You want me to be there with him.
Right, and if he remembers something I understand if you - No, I want to.
Thanks.
Sure.
I saw you last week on "20/20.
" Could you sign my book later? - Certainly.
Is this--is this where you saw him-- Frank Benner, with his hands on fire? Yeah, over there.
I took off my coat, and I wrapped his hands to put out the flames.
And earlier, when you saw him entering, where were you standing? Over there, um, by the gate.
I was locking up.
And you saw it was Frank? All the way from here? At night? Oh, yeah.
The light was on over the door.
You saw John Paul, sister? Yes, sir.
It was a grand honor.
Oh, he was a great pope.
I wish I'd met him.
You know, I saw him once at candlestick.
Did you? What do you think? With the light on, he might be able to see, but he also might be covering for not doing his job, you know? Letting a stranger into the rectory.
Yeah, but, I mean, that looks original.
The base is newer than the statue.
Is that a tree stump? Now, if there was a tree here back then Then how could he see the rectory door? Neighborhoods change a lot over the years.
This church is the only thing that stayed the same.
Mr.
Lisco, this tree-- when did they cut it down? A few years ago.
It was breaking up the pavement, kids tripping.
So it was there when father Ortiz got killed? Oh, yeah, it was beautiful You couldn't see the rectory door, could you? Not with that tree in the way.
I could see around the tree.
Mr.
Lisco, a man's life is at stake.
What did you see? Look, I thought it was Frank.
He was always forgetting his keys.
When the door opened, I saw the light through the branches.
Did you see anything else, anything about the person entering? So who would father Ortiz be letting into the rectory at midnight? As church president, mr.
Stillwell, you'd know.
Well, Frank, of course.
And the parish secretary, the other priests and me.
Did you kill him? - No.
- What a relief.
You can ask my wife if you want, when she gets up.
I was here when the phone call came about the fire.
And, you found the money missing, right? The $400 that Frank allegedly stole.
Yes, but I immediately brought it to the church board.
And we voted to ask Frank to leave.
Now how'd you know he took it? Well, we didn't, but we didn't have any other suspects.
And Frank wasretarded? As per procedure number 7-7-0, 5 days before the execution, we are authorized to offer you sedatives.
Would you like them, Frank? They're supposed to help you relax.
Don't want 'em.
Can I see what you're doing? This is great.
- It's too short.
- No, no, this is great.
My cellmate taught me how to do that in books.
Can I see another? Frank, these are amazing.
You know, you could sell these.
The guards said that, too.
Did you take the money? It's all right if you did.
But did you take it? - No.
- I didn't care anyway.
It might just help us with our investigation.
Did father Ortiz ever come to you about the missing money? No.
The night of the fire, did you see father Ortiz at all? Yeah.
When I came in and tried to save him.
No, no, I mean, before the fire.
No, not before.
It was thursday.
I never saw him thursday.
Why not thursday? - That's when he saw the ladies.
- What ladies? You know the ladies.
On lincoln.
Prostitutes? Yeah, right.
So on thursday nights, father Ortiz would visit prostitutes? - Are you sure we have time? - Yeah.
Jeez, when this place closes down, man All right, just give me a second.
- Okay, sure.
Just gotta get my golf clubs.
Charlie.
What is this? Pajama party and I wasn't invited? Okay, case board.
We got something new.
I thought you'd be somewhere over the pacific by now.
Well, there was a wine festival in Napa.
What's going on? - You don't wanna know.
Yes, I do.
You'll just want to get involved, and there are lawyers trying for an emergency stay already.
Frank Benner? The priest killer.
How'd you get this? Mr.
Swain.
How are you? Yeah.
You have a secret life I don't know about? Who was father Ortiz? Frank mentioned prostitutes.
He visited them on thursdays.
Who were they? Well, the man was a hero to the poor and disenfranchised, I mean, he could have been ministering to the prostitutes.
Jon, where are we on the church board president? Well, he definitely had access to the rectory, but his wife supports the alibi.
He was home during the fire.
He mentioned a church secretary, a, Marie Wanland, w-a-n-l-a-n-d, who knew a lot about Ortiz.
Good.
You and Brianna go question her.
Damian, where are we on the snitch? Nowhere.
This guy's just disappeared.
He was a snitch in a dozen murder and drug cases.
Then last year, poof.
Okay, well, look into federal court.
If he has a bad rap as a snitch in state court, he might still be making deals in federal.
Okay, everybody, five days.
Keep hitting.
So what happened to not taking capital cases? This just fellin our laps, David.
- Who are the lawyers? - You don't wanna know.
- Is it Dansk Yangle? - Just go on vacation.
- Is it? - Go.
Please, go.
No, there was nothing inappropriate with prostitutes.
I worked with the padre for four years.
I knew him.
Okay, but he did see prostitutes.
They were on drugs.
He tried to get 'em to clean up.
They'd get beaten by their pimp.
He'd take 'em to the shelter on Valencia.
Dove street? Miss Wanland, did father Ortiz leave behind any personal effects like diaries or journals? Yes, but the police took them.
And how about a computer.
Did he use one? Yes, but after the fire, we gave it to the church school.
You don't happen to know which one? Nope.
The principal said they wipe the hard drives on all donated computers.
- Well, that's not a problem as long as they didn't demagnetize them.
This could take a month to find out which one belonged to Ortiz.
Maybe not.
We should call Conti.
Some women are studying for the G.
E.
D.
Some do crafts, knitting, sewing learn macramé.
We find it's very therapeutic, gets their mind off of what they've been through.
Reyna, we heard that the father used to bring prostitutes here when they needed sanctuary.
Yes.
He brought a lot of women to Dove street.
Not just prostitutes? Violence against women is an equal-opportunity offender.
Miss Wallace, did you know father Ortiz personally? I did.
He inspired me to change my life.
Valencia locals? Ex-gangbanger turned social worker.
Takes all kinds, right? Yeah? The feds flew him up from Los Angeles.
He's testifying in two hours in a mail fraud conspiracy.
Who is it? Charles Conti, national justice project.
Show me your badge.
We don't carry badges, mr.
Duffy.
- Can't help you.
- Excuse me, Charlie.
Sister Gloria Quinn.
I thought with a name like "Duffy" I might be some help.
- Sister? - Do you have a moment? I read your book when I was in school.
Where'd you go to school? St.
John's, the cross, in Baltimore.
I'm sorry, I haven't been to church in a long time.
You can always start.
Yeah, it's just hard in prison.
Actually, that's a lie.
It's not hard.
I'm just lazy.
It's okay, Larry.
Could you tell us what happened with Frank Benner? It's kind of embarrassing.
The only true embarrassment is not confessing.
They call it, "avoid the pen, send a friend.
" Shave a few years off your sentence by snitching on a cellie.
But you knew facts long before the trial.
The victim rolled in the rug? Tell him.
Okay.
With your guy Benner, I found out what holding cell he was coming through.
See, if you know where he's processed, then you can phone the inmate reception center.
This is Kevin Farmer at N&D bail bonds.
I need some information on a prospective bond risk.
Then when you get the case number, you can call the D.
A.
's records room.
Yes, it's case number 567543048.
Frank Benner.
Could you hurry up? The D.
A.
's going nuts on this one.
What do you need? Just a verbal inventory on the evidence.
The D.
A.
thinks he's missing something.
And then you can contact the D.
A.
, And you can tell them anything they wanna hear.
He said he could see the guy's face.
You know, the dead priest's face.
So he rolled a rug over him.
That's how you get five years shaved off your sentence.
Trick is to not snitch on someone who can kill you.
That's why you get someone like Frank.
Poor kid.
You sent that poor kid to death row.
It wasn't just me, sister.
I'm sorry about it, but they had all this other evidence against him.
You'll swear to what you just told us? You're damn right you will.
I will.
Good work, sister.
Hello? Hi, yeah, is this the Frank Benner defense team? Who do you need? Lead counsel.
We got something new.
What do you got? David? Dansk Yangle asked me to argue the emergency stay based on the guard's reversal.
What happened to your vacation? Actually, I don't care.
We got the snitch to impeach his testimony.
Did he sign an affidavit? He's writing it up as we speak.
We'll messenger it over.
Good work, kid.
What's your name again? Good-bye, David.
All rise.
The honorable justices of the supreme court of California Frank, I'm sorry, but per procedure number 770, we need to ask you a few questions.
Do you want me to No, ma'am.
Legal counsel's allowed.
This one I'm gonna read, Frank.
The inmate may select the method of execution three days prior.
There are two methods of execution lethal injection or execution by poisonous gas.
Do you want either of these methods described to you?" Oh, just, um Frank do you want me to tell them lethal injection? Lethal injection.
The inmate is allowed access to a television or a radio if so desired.
Radio.
The inmate is allowed five witnesses at the execution.
I don't know five people.
Do you want me to come? I don't want to ask.
Frank, I'll be there.
Do you want Sister Quinn? - If she's not too busy.
- She'd never be too busy for you.
Thank you.
Okay, where we at? Well, we're getting somewhere with Ortiz's computer.
We think that we maybe able to find out who he had an appointment with at the time of the murder.
Yeah, this is all the data that we were able to retrieve off of Ortiz's computer right here.
It's mostly e-mails, but there are some entries from an online appointment book.
The cops never looked because Frank was already in custody.
Yeah, now the computer was reformatted by the school, which just means the original data is scattered all over the hard drive.
So you might have something, like, "after mass, without phoning Peter at 5-8-3," and that's it-- just a chunk of a sentence.
But we don't have the start of that sentence or the end.
Okay, where do we start? Right here-- date of the murder.
"December 17, 1998.
"9 A.
M.
Mass, received phonecall from R.
W.
about tonight.
" Possible thr--" - "thur"? What's "thur"? Uh, "t-h-r," and it just cuts off there.
We think it might be "threat".
.
possible threat.
Right, maybe.
"Received phone call from R.
W.
About tonight, possible threat.
" R.
W.
, What's the secretary's name? Marie Wanland.
What about the church president? Eli Stillwell.
All right, I'm gonna check with the church for possible R.
W.
S.
Do you need some more people here? No, not yet.
42 hours left.
- Find that fragment.
- We'll do our best.
Yeah.
They don't care! They just don't care, Charlie.
The justices said they don't care that your snitch changed his story.
They said the prosecution has enough evidence to convict him even without his testimony.
Did you tell 'em about the security guard? Oh, yeah, I had some lovely diagrams of trees and blocked views.
I think justice Scarsdale went to sleep.
Okay, well, we're piecing together Ortiz's computer.
He kept an online appointment book.
He was writing about a meeting the night of the murder.
It may have involved a threat.
David, we need more time.
They're not gonna give us an extra minute.
I can read a justice's mood a mile away.
They think this is all last-minute evidentiary scrambling.
They're right.
Can you sleep? No.
One more day.
I feel sick.
It's like watching a plane heading towards a mountain, and there's nothing you can do about it.
Nothing but watch.
Wait a minute.
"E-a-T.
" "Et.
" Last time I checked, "e-a-t" spells "eat.
" No, no, no, no.
It's the second half of "threat.
" "Possible threat.
" - Conti.
- Yeah.
What's the starting fragment? "received phone call from R.
W.
About tonight.
Possible" "threat.
F.
B.
says he's always downstairs.
Don't worry.
" Downstairs? F.
B.
is Frank Benner.
- Yeah.
- Keep looking.
They're body-searching him every three hours.
You want me to have Brianna come replace you? No.
No.
You need to go outside, take a walk.
Clear your head, you know? I can't.
You don't remember anything, Frank? Anything about an R.
W.
? Read it again.
"Received phone call from R.
W.
about tonight.
Possible threat.
" "F.
B.
says he's always downstairs.
Don't worry.
" I'm sorry.
I don't know what that means.
Yeah, but "F.
B.
", that must be you, Frank.
- I don't know.
I'm tired.
- OK.
Listen to me.
I want you to put yourself back to the day of the fire.
What did you doin the morning? Did you--did you eat breakfast? Yeah, with father.
Good, okay.
Did he say anything? Was he going anywhere? No.
The ladiesto help them.
Right, the ladies, okay.
Which ladies? The tough ones.
The ones who fight.
The ones with the tattoos.
He was talking-- Wait, with tattoos? - Oh, my god.
- What? R.
W.
-- Reyna Wallace.
"Received phone call from Reyna Wallace about tonight.
" "Possible threat.
" Door, please.
Thank you, Frank.
Wait, who's Reyna Wallace? Someone who can lead us to the threat.
My boyfriend beat me for the last two years we were together when he wasn't burning me with a cigarette lighter.
And is that when you asked father Ortiz for help? First I told him nothing was wrong--classic denial.
But then my boyfriend put me in the hospital.
Father Ortiz heard, got me out of there, got me here.
Okay, Reyna, this boyfriend-- did he ever make death threats against the father? I wouldn't doubt it.
Hector was pretty unpredictable.
He's out on parole for an old drive-by.
Wait.
Hector? Hector who? Najarro.
Hector Najarro.
Where is he now? I always keep track of him, so I can avoid him at all costs.
Hector Najarro? Heard you like playing with lighters, you sick son of a bitch.
12 rolls of adhesive tape, 20 syringes, 10 needles, 6 tourniquets, 2 boxes of surgical gloves, 4 bags of saline solution.
Good.
What else did you find out? Najarro was angry about father Ortiz hiding his girlfriend Reyna Wallace.
He was hiding her at Dove street charitiesa women's shelter.
And we think Najarro went to Ortiz that night to find out where she was.
Too many names.
Damn, we're going into court.
Okay, the police just took Najarro into custody for violating parole.
- You got it? - Violating parole, got it.
The always punctual mr.
Swain.
We have new evidence, your honor.
So your motion papers say.
We believe someone else committed this murder.
.
Hector Najarro.
.
now in custody with the San Francisco police department for a parole violation.
We filed a motion for a stay of execution so we may investigate further.
Mr.
Melvoy, how does the state respond? Your honor, fortunately, we know mr.
Najarro's jacket all too well.
- The state submits - Get Conti on the phone.
that this petition is without merit.
Given that mr.
Najarro was in city custody the entire week of december 17th-- the week of the murder.
Mr.
Swain, did you know about this? Your honor, I, Mr.
Swain, you have now wasted this court's time on several frivolous successive petitions.
Do you have any other amendments or claims? My mom used to take me to this park.
It was near our house.
And there was this plane in it like a real plane.
I used to climb all over it.
How old were you? I don't know.
But it was like a real plane.
And it was green all around.
All around.
You think of that, Frank.
Don't think about anything else.
You just think about that plane and you climbing on it.
Miss, we need you to stand outside.
I don't want you to go.
Listen to me.
I'm not going anywhere.
I'm gonna be right outside.
I'm gonna be right there.
Miss? I need you to be strong, Frank.
You get that picture of that plane in your mind, and you hold on to it.
Eli Stillwell.
As much as we want justice for the murder of our friend father Ortiz Charlie! As catholics, we also believe in the virtues of forgiveness.
What? It's the board president, Eli Stillwell.
- What about him? Look, the macramé on the wall.
They were making them at - .
.
the women's shelter.
Jon, the church president.
.
his alibi.
Who was his alibi? - I checked it out, his wife.
- His battered wife.
We had the right motive but the wrong man.
It wasn't Hector angry at Ortiz for hiding his girlfriend.
It was Stillwell.
Father Ortiz must have brought her to the shelter.
- 45 minutes.
- That's not enough time.
Jon, get Swain on the phone.
Tell him to go back to court! The judge can't leave till midnight.
Mrs.
Stillwell? I'm sorry.
Can I help you? I need to ask you a question, mrs.
Stillwell.
Can I come in? It's a little late.
I need to ask you about Dove street.
.
the woman's shelter where you stayed.
I can't talk right now.
Good night.
I just called Reyna Wallace.
She told me, mrs.
Stillwell.
She told me what happened to you.
Please it's very important.
She'll admit to that? Yes, he was beating his wife.
Father Ortiz had tried to stop it in the past.
But when still well kept at it, father Ortiz got her over to the shelter.
That's why Stillwell killed Ortiz! Yes.
I think he went to the rectory to confront him and to find out where Ortiz was hiding his wife.
- You're in my marriage! - Mr.
Stillwell, she's in good hands.
Just stay out of my business! - How much time we got? - We got eight minutes.
Excuse us.
Hi.
I have a new petition and a motion for a stay of execution.
A habeas petition has gotta be filed on an mc275.
For god's sake, a man is about to be executed! Call the justice! - Please! - Okay, he wouldn't have left yet.
- Well, he's not picking up.
- Well, try his pager.
- Who is it? Who's on call? It's Castaldi, sir, you just can't - Where is his chambers? Here, here, he's in 206.
Look, you just can't Justice Castaldi! Sir, wait! Wait! We have new evidence, sir! Please.
Eli stillwell, the church board president, was beating his wife.
Father Ortiz knew about this.
Mrs.
Stillwell just retracted the alibi she provided for her husband that night.
I'm listening.
All right, he had motive.
He had opportunity.
Can you put him at the scene? Can you link him to the crime? You have a suspicion? That's not enough! Yes, sir, it's enough for a stay! Please, Justice Castaldi, Give me a day.
Give me eight hours! You had eight years.
Your client had a trial.
He had his appeals.
He even had two emergency petitions.
We can fix this! We can't undo it, sir, not once it's done.
That's just it.
At some point, it has to be done.
It's over, mr.
Swain.
Let it go.
Damn it! # Amazing Grace # # how sweet the sound # # that saved a wretch # # like me # # I once was lost # # but now I'm found # # was blind but now I see # # a life of joy # # and peace #
I didn't! Money doesn't just disappear.
But I didn't take it! I mean, I didn't even-- What if I found it? What if I found the money? If you found the money? That means you took it! I'm sorry.
But I have nowhere to go, father! This is my home! No, it's not.
I'm sorry, father.
I didn't mean to, father.
Help me! Stop, Frank! Stop! Stop moving! Stop moving! Frank! Frank, stop moving! Frank, stop.
I'm sorry.
I didn't mean to.
Listen, please, help me! I'm sorry! The Frank Benner case.
He's sentenced to die on wednesday.
The jury decided the victim could have survived the blow to the face, but not the smoke and fire.
So they found Frank Benner acted with "callous disregard"-- special circumstances, sentenced to death.
The priest killer, right? I don't know what this has got to do with- Okay, we're officially on vacation.
That was the prosecutor in the Lassiter appeal.
He's requesting a continuance.
Great, so we're in waiting mode on three appeals? Think of it as a good thing, Charlie.
A much needed rest.
You should have some fun.
Fire a few interns.
You should work on your tan.
Yeah, David.
I'll get on that right away.
You're turning into a workaholic on me.
By the way, I'll be in Princeville until the 15th, all right? How's this? Better.
- Sounds like you're busy.
- Oh, yeah.
See ya in a couple weeks.
So the defense lawyers didn't so much as argue the merits of the case as push the issue of mental disability.
But the judge said he holds down a job, he understands right from wrong-- Brianna, this isn't our case, right? - Right.
And yet you're briefing me on it because - Sister Quinn.
- She's here? I didn't know you knew the death row nun.
"Sister Quinn and Charles Conti.
" Right there.
1999, Sister Quinn organizes a protest of celebrities to help get minivan killers off death row.
And what does that have to do with Charlie? "Charlie"? Yeah, Conti.
When did you start calling him "Charlie"? Okay, could you guys concentrate? "The arresting officer argued against the call for clemency.
" Charles Conti.
You just missed Swain.
He's on vacation.
I'm not here for David.
I'm here for you.
I have enough lawyers.
Frank Benner was an orphan at 8.
The only family he ever knew was father Ortiz.
He would never kill him.
He's innocent.
Isn't that what you said about the minivan killer, sister? I said he asked for the lord's forgiveness.
I never said he was innocent.
Look, sister, I know your agenda, okay? You'll do whatever it takes to defeat the death penalty.
I think the death penalty is indefensible, both as law and morality, but I wouldn't do anything-- So you wouldn't lie, even if it meant stopping his execution? That's not a fair question.
Well, that's the difference between you and me.
Someone kills a priest, someone shoots a family of four in the back, I have no sympathy.
- And yet you're working here.
Not because of sympathy.
That's certainty.
We find our client is guilty, we drop him.
We find out someone else is innocent-- Then find out if Frank Benner is innocent.
His lawyers are concentrating purely on procedural appeals.
They spent seven years on appeals.
Nothing.
Frank needs you.
Look, if I'm wrong, the only thing you're risking is a half-hour drive to San Quentin.
In one week, Frank Benner will be dead.
Doesn't he deserve a half-hour of your time? They took my tooth brush.
Yes, Frank.
Just for the day.
They'll give it back after dinner.
They took my shoes, too.
They gave you new ones.
I don't like these.
This is Charlie Conti, Frank.
And another investigator, Sonya Quintano.
Remember? I talked about them.
There's been a lot of people.
They'd like to talk to you, Frank, for a second.
About father Ortiz.
Frank.
What are you drawing there, Frank? Frank, remember I said we needed someone to look at the facts of the case? Please.
Okay, why did you say to the security guard, "I'm sorry.
I didn't mean to do it"? - I didn't.
- You didn't say that? No, I said that I was sorry because I tried to save him and I couldn't.
And that's how you got the burns on your hands? Yes, sir.
The inmate in the holding cell when you went to trial, Larry Duffy, the one who said you confessed-- did you talk to him? - Yes, sir.
But I didn't confess.
What did you say? I said that I didn't remember my mom much.
He was a orphan, too.
Did he ask you about your case? No.
I mean, yeah.
He ask, but I didn't say anything.
He testified you talked about things the police never released to the public things like the victim being wrapped in a rug.
How'd he know those things? I don't know.
I - Frank - I don't know, I I don't wanna die.
Sister.
Frank, I need you to concentrate.
What else did you tell Larry Duffy about your case? He said that he was being held in county, and he wanted to know about city jail.
Nice meeting you, Frank.
Bye, Frank.
- That's it? - That's it.
You can't just reject the case based on that.
I'm not rejecting the case.
What did I miss? A professional snitch needs only one thing to find out more about a case, where the convict was processed.
That's exactly what Frank told Larry Duffy.
Where you going? To get started.
Frank Benner.
Janitor, Saint Sebastian church.
I.
Q.
Of 75.
Judge ruled he was mentally competent enough to know the difference between right and wrong.
Execution set for wednesday.
Next seven days, this is your home.
You got dinner plans, cancel 'em.
You got family in town? I don't know, get 'em theater tickets.
You get tired, I got air mattresses set up in Swain's office.
- Understood? - Yeah.
Okay.
The defense never argued much more than retardation, so what can we attack? - The snitch--Larry Duffy.
Good.
Damian, you're on the Duffy path.
Now the snitch is in one of two places in the prison or the morgue.
Check both.
What else? - The security guard.
He testified he saw Frank leaving the building with his hands on fire.
Help me! The guard says he saw father Ortiz let Frank into the locked rectory ten minutes before the fire.
Frank said he was already in bed, so that leaves one of two options.
What are they? - Well, either the guard is lying Or someone else entered the rectory ten minutes before the fire.
Probably someone Ortiz knew because he let 'em in without an argument.
So, Jon, that's your track.
Was it someone Ortiz was helping? A friend, maybe.
Someone from the church.
And talk to the church board president Eli Stillwell.
Right.
Find out everything you can on Ortiz's dealings with the church.
Brianna, you come with me to talk to the security guard.
.
Okay, everybody.
Seven days.
Let's go.
Sonya? Listen, visitation rights get pretty lenient in the last week and, Frank doesn't have any family, so You want me to be there with him.
Right, and if he remembers something I understand if you - No, I want to.
Thanks.
Sure.
I saw you last week on "20/20.
" Could you sign my book later? - Certainly.
Is this--is this where you saw him-- Frank Benner, with his hands on fire? Yeah, over there.
I took off my coat, and I wrapped his hands to put out the flames.
And earlier, when you saw him entering, where were you standing? Over there, um, by the gate.
I was locking up.
And you saw it was Frank? All the way from here? At night? Oh, yeah.
The light was on over the door.
You saw John Paul, sister? Yes, sir.
It was a grand honor.
Oh, he was a great pope.
I wish I'd met him.
You know, I saw him once at candlestick.
Did you? What do you think? With the light on, he might be able to see, but he also might be covering for not doing his job, you know? Letting a stranger into the rectory.
Yeah, but, I mean, that looks original.
The base is newer than the statue.
Is that a tree stump? Now, if there was a tree here back then Then how could he see the rectory door? Neighborhoods change a lot over the years.
This church is the only thing that stayed the same.
Mr.
Lisco, this tree-- when did they cut it down? A few years ago.
It was breaking up the pavement, kids tripping.
So it was there when father Ortiz got killed? Oh, yeah, it was beautiful You couldn't see the rectory door, could you? Not with that tree in the way.
I could see around the tree.
Mr.
Lisco, a man's life is at stake.
What did you see? Look, I thought it was Frank.
He was always forgetting his keys.
When the door opened, I saw the light through the branches.
Did you see anything else, anything about the person entering? So who would father Ortiz be letting into the rectory at midnight? As church president, mr.
Stillwell, you'd know.
Well, Frank, of course.
And the parish secretary, the other priests and me.
Did you kill him? - No.
- What a relief.
You can ask my wife if you want, when she gets up.
I was here when the phone call came about the fire.
And, you found the money missing, right? The $400 that Frank allegedly stole.
Yes, but I immediately brought it to the church board.
And we voted to ask Frank to leave.
Now how'd you know he took it? Well, we didn't, but we didn't have any other suspects.
And Frank wasretarded? As per procedure number 7-7-0, 5 days before the execution, we are authorized to offer you sedatives.
Would you like them, Frank? They're supposed to help you relax.
Don't want 'em.
Can I see what you're doing? This is great.
- It's too short.
- No, no, this is great.
My cellmate taught me how to do that in books.
Can I see another? Frank, these are amazing.
You know, you could sell these.
The guards said that, too.
Did you take the money? It's all right if you did.
But did you take it? - No.
- I didn't care anyway.
It might just help us with our investigation.
Did father Ortiz ever come to you about the missing money? No.
The night of the fire, did you see father Ortiz at all? Yeah.
When I came in and tried to save him.
No, no, I mean, before the fire.
No, not before.
It was thursday.
I never saw him thursday.
Why not thursday? - That's when he saw the ladies.
- What ladies? You know the ladies.
On lincoln.
Prostitutes? Yeah, right.
So on thursday nights, father Ortiz would visit prostitutes? - Are you sure we have time? - Yeah.
Jeez, when this place closes down, man All right, just give me a second.
- Okay, sure.
Just gotta get my golf clubs.
Charlie.
What is this? Pajama party and I wasn't invited? Okay, case board.
We got something new.
I thought you'd be somewhere over the pacific by now.
Well, there was a wine festival in Napa.
What's going on? - You don't wanna know.
Yes, I do.
You'll just want to get involved, and there are lawyers trying for an emergency stay already.
Frank Benner? The priest killer.
How'd you get this? Mr.
Swain.
How are you? Yeah.
You have a secret life I don't know about? Who was father Ortiz? Frank mentioned prostitutes.
He visited them on thursdays.
Who were they? Well, the man was a hero to the poor and disenfranchised, I mean, he could have been ministering to the prostitutes.
Jon, where are we on the church board president? Well, he definitely had access to the rectory, but his wife supports the alibi.
He was home during the fire.
He mentioned a church secretary, a, Marie Wanland, w-a-n-l-a-n-d, who knew a lot about Ortiz.
Good.
You and Brianna go question her.
Damian, where are we on the snitch? Nowhere.
This guy's just disappeared.
He was a snitch in a dozen murder and drug cases.
Then last year, poof.
Okay, well, look into federal court.
If he has a bad rap as a snitch in state court, he might still be making deals in federal.
Okay, everybody, five days.
Keep hitting.
So what happened to not taking capital cases? This just fellin our laps, David.
- Who are the lawyers? - You don't wanna know.
- Is it Dansk Yangle? - Just go on vacation.
- Is it? - Go.
Please, go.
No, there was nothing inappropriate with prostitutes.
I worked with the padre for four years.
I knew him.
Okay, but he did see prostitutes.
They were on drugs.
He tried to get 'em to clean up.
They'd get beaten by their pimp.
He'd take 'em to the shelter on Valencia.
Dove street? Miss Wanland, did father Ortiz leave behind any personal effects like diaries or journals? Yes, but the police took them.
And how about a computer.
Did he use one? Yes, but after the fire, we gave it to the church school.
You don't happen to know which one? Nope.
The principal said they wipe the hard drives on all donated computers.
- Well, that's not a problem as long as they didn't demagnetize them.
This could take a month to find out which one belonged to Ortiz.
Maybe not.
We should call Conti.
Some women are studying for the G.
E.
D.
Some do crafts, knitting, sewing learn macramé.
We find it's very therapeutic, gets their mind off of what they've been through.
Reyna, we heard that the father used to bring prostitutes here when they needed sanctuary.
Yes.
He brought a lot of women to Dove street.
Not just prostitutes? Violence against women is an equal-opportunity offender.
Miss Wallace, did you know father Ortiz personally? I did.
He inspired me to change my life.
Valencia locals? Ex-gangbanger turned social worker.
Takes all kinds, right? Yeah? The feds flew him up from Los Angeles.
He's testifying in two hours in a mail fraud conspiracy.
Who is it? Charles Conti, national justice project.
Show me your badge.
We don't carry badges, mr.
Duffy.
- Can't help you.
- Excuse me, Charlie.
Sister Gloria Quinn.
I thought with a name like "Duffy" I might be some help.
- Sister? - Do you have a moment? I read your book when I was in school.
Where'd you go to school? St.
John's, the cross, in Baltimore.
I'm sorry, I haven't been to church in a long time.
You can always start.
Yeah, it's just hard in prison.
Actually, that's a lie.
It's not hard.
I'm just lazy.
It's okay, Larry.
Could you tell us what happened with Frank Benner? It's kind of embarrassing.
The only true embarrassment is not confessing.
They call it, "avoid the pen, send a friend.
" Shave a few years off your sentence by snitching on a cellie.
But you knew facts long before the trial.
The victim rolled in the rug? Tell him.
Okay.
With your guy Benner, I found out what holding cell he was coming through.
See, if you know where he's processed, then you can phone the inmate reception center.
This is Kevin Farmer at N&D bail bonds.
I need some information on a prospective bond risk.
Then when you get the case number, you can call the D.
A.
's records room.
Yes, it's case number 567543048.
Frank Benner.
Could you hurry up? The D.
A.
's going nuts on this one.
What do you need? Just a verbal inventory on the evidence.
The D.
A.
thinks he's missing something.
And then you can contact the D.
A.
, And you can tell them anything they wanna hear.
He said he could see the guy's face.
You know, the dead priest's face.
So he rolled a rug over him.
That's how you get five years shaved off your sentence.
Trick is to not snitch on someone who can kill you.
That's why you get someone like Frank.
Poor kid.
You sent that poor kid to death row.
It wasn't just me, sister.
I'm sorry about it, but they had all this other evidence against him.
You'll swear to what you just told us? You're damn right you will.
I will.
Good work, sister.
Hello? Hi, yeah, is this the Frank Benner defense team? Who do you need? Lead counsel.
We got something new.
What do you got? David? Dansk Yangle asked me to argue the emergency stay based on the guard's reversal.
What happened to your vacation? Actually, I don't care.
We got the snitch to impeach his testimony.
Did he sign an affidavit? He's writing it up as we speak.
We'll messenger it over.
Good work, kid.
What's your name again? Good-bye, David.
All rise.
The honorable justices of the supreme court of California Frank, I'm sorry, but per procedure number 770, we need to ask you a few questions.
Do you want me to No, ma'am.
Legal counsel's allowed.
This one I'm gonna read, Frank.
The inmate may select the method of execution three days prior.
There are two methods of execution lethal injection or execution by poisonous gas.
Do you want either of these methods described to you?" Oh, just, um Frank do you want me to tell them lethal injection? Lethal injection.
The inmate is allowed access to a television or a radio if so desired.
Radio.
The inmate is allowed five witnesses at the execution.
I don't know five people.
Do you want me to come? I don't want to ask.
Frank, I'll be there.
Do you want Sister Quinn? - If she's not too busy.
- She'd never be too busy for you.
Thank you.
Okay, where we at? Well, we're getting somewhere with Ortiz's computer.
We think that we maybe able to find out who he had an appointment with at the time of the murder.
Yeah, this is all the data that we were able to retrieve off of Ortiz's computer right here.
It's mostly e-mails, but there are some entries from an online appointment book.
The cops never looked because Frank was already in custody.
Yeah, now the computer was reformatted by the school, which just means the original data is scattered all over the hard drive.
So you might have something, like, "after mass, without phoning Peter at 5-8-3," and that's it-- just a chunk of a sentence.
But we don't have the start of that sentence or the end.
Okay, where do we start? Right here-- date of the murder.
"December 17, 1998.
"9 A.
M.
Mass, received phonecall from R.
W.
about tonight.
" Possible thr--" - "thur"? What's "thur"? Uh, "t-h-r," and it just cuts off there.
We think it might be "threat".
.
possible threat.
Right, maybe.
"Received phone call from R.
W.
About tonight, possible threat.
" R.
W.
, What's the secretary's name? Marie Wanland.
What about the church president? Eli Stillwell.
All right, I'm gonna check with the church for possible R.
W.
S.
Do you need some more people here? No, not yet.
42 hours left.
- Find that fragment.
- We'll do our best.
Yeah.
They don't care! They just don't care, Charlie.
The justices said they don't care that your snitch changed his story.
They said the prosecution has enough evidence to convict him even without his testimony.
Did you tell 'em about the security guard? Oh, yeah, I had some lovely diagrams of trees and blocked views.
I think justice Scarsdale went to sleep.
Okay, well, we're piecing together Ortiz's computer.
He kept an online appointment book.
He was writing about a meeting the night of the murder.
It may have involved a threat.
David, we need more time.
They're not gonna give us an extra minute.
I can read a justice's mood a mile away.
They think this is all last-minute evidentiary scrambling.
They're right.
Can you sleep? No.
One more day.
I feel sick.
It's like watching a plane heading towards a mountain, and there's nothing you can do about it.
Nothing but watch.
Wait a minute.
"E-a-T.
" "Et.
" Last time I checked, "e-a-t" spells "eat.
" No, no, no, no.
It's the second half of "threat.
" "Possible threat.
" - Conti.
- Yeah.
What's the starting fragment? "received phone call from R.
W.
About tonight.
Possible" "threat.
F.
B.
says he's always downstairs.
Don't worry.
" Downstairs? F.
B.
is Frank Benner.
- Yeah.
- Keep looking.
They're body-searching him every three hours.
You want me to have Brianna come replace you? No.
No.
You need to go outside, take a walk.
Clear your head, you know? I can't.
You don't remember anything, Frank? Anything about an R.
W.
? Read it again.
"Received phone call from R.
W.
about tonight.
Possible threat.
" "F.
B.
says he's always downstairs.
Don't worry.
" I'm sorry.
I don't know what that means.
Yeah, but "F.
B.
", that must be you, Frank.
- I don't know.
I'm tired.
- OK.
Listen to me.
I want you to put yourself back to the day of the fire.
What did you doin the morning? Did you--did you eat breakfast? Yeah, with father.
Good, okay.
Did he say anything? Was he going anywhere? No.
The ladiesto help them.
Right, the ladies, okay.
Which ladies? The tough ones.
The ones who fight.
The ones with the tattoos.
He was talking-- Wait, with tattoos? - Oh, my god.
- What? R.
W.
-- Reyna Wallace.
"Received phone call from Reyna Wallace about tonight.
" "Possible threat.
" Door, please.
Thank you, Frank.
Wait, who's Reyna Wallace? Someone who can lead us to the threat.
My boyfriend beat me for the last two years we were together when he wasn't burning me with a cigarette lighter.
And is that when you asked father Ortiz for help? First I told him nothing was wrong--classic denial.
But then my boyfriend put me in the hospital.
Father Ortiz heard, got me out of there, got me here.
Okay, Reyna, this boyfriend-- did he ever make death threats against the father? I wouldn't doubt it.
Hector was pretty unpredictable.
He's out on parole for an old drive-by.
Wait.
Hector? Hector who? Najarro.
Hector Najarro.
Where is he now? I always keep track of him, so I can avoid him at all costs.
Hector Najarro? Heard you like playing with lighters, you sick son of a bitch.
12 rolls of adhesive tape, 20 syringes, 10 needles, 6 tourniquets, 2 boxes of surgical gloves, 4 bags of saline solution.
Good.
What else did you find out? Najarro was angry about father Ortiz hiding his girlfriend Reyna Wallace.
He was hiding her at Dove street charitiesa women's shelter.
And we think Najarro went to Ortiz that night to find out where she was.
Too many names.
Damn, we're going into court.
Okay, the police just took Najarro into custody for violating parole.
- You got it? - Violating parole, got it.
The always punctual mr.
Swain.
We have new evidence, your honor.
So your motion papers say.
We believe someone else committed this murder.
.
Hector Najarro.
.
now in custody with the San Francisco police department for a parole violation.
We filed a motion for a stay of execution so we may investigate further.
Mr.
Melvoy, how does the state respond? Your honor, fortunately, we know mr.
Najarro's jacket all too well.
- The state submits - Get Conti on the phone.
that this petition is without merit.
Given that mr.
Najarro was in city custody the entire week of december 17th-- the week of the murder.
Mr.
Swain, did you know about this? Your honor, I, Mr.
Swain, you have now wasted this court's time on several frivolous successive petitions.
Do you have any other amendments or claims? My mom used to take me to this park.
It was near our house.
And there was this plane in it like a real plane.
I used to climb all over it.
How old were you? I don't know.
But it was like a real plane.
And it was green all around.
All around.
You think of that, Frank.
Don't think about anything else.
You just think about that plane and you climbing on it.
Miss, we need you to stand outside.
I don't want you to go.
Listen to me.
I'm not going anywhere.
I'm gonna be right outside.
I'm gonna be right there.
Miss? I need you to be strong, Frank.
You get that picture of that plane in your mind, and you hold on to it.
Eli Stillwell.
As much as we want justice for the murder of our friend father Ortiz Charlie! As catholics, we also believe in the virtues of forgiveness.
What? It's the board president, Eli Stillwell.
- What about him? Look, the macramé on the wall.
They were making them at - .
.
the women's shelter.
Jon, the church president.
.
his alibi.
Who was his alibi? - I checked it out, his wife.
- His battered wife.
We had the right motive but the wrong man.
It wasn't Hector angry at Ortiz for hiding his girlfriend.
It was Stillwell.
Father Ortiz must have brought her to the shelter.
- 45 minutes.
- That's not enough time.
Jon, get Swain on the phone.
Tell him to go back to court! The judge can't leave till midnight.
Mrs.
Stillwell? I'm sorry.
Can I help you? I need to ask you a question, mrs.
Stillwell.
Can I come in? It's a little late.
I need to ask you about Dove street.
.
the woman's shelter where you stayed.
I can't talk right now.
Good night.
I just called Reyna Wallace.
She told me, mrs.
Stillwell.
She told me what happened to you.
Please it's very important.
She'll admit to that? Yes, he was beating his wife.
Father Ortiz had tried to stop it in the past.
But when still well kept at it, father Ortiz got her over to the shelter.
That's why Stillwell killed Ortiz! Yes.
I think he went to the rectory to confront him and to find out where Ortiz was hiding his wife.
- You're in my marriage! - Mr.
Stillwell, she's in good hands.
Just stay out of my business! - How much time we got? - We got eight minutes.
Excuse us.
Hi.
I have a new petition and a motion for a stay of execution.
A habeas petition has gotta be filed on an mc275.
For god's sake, a man is about to be executed! Call the justice! - Please! - Okay, he wouldn't have left yet.
- Well, he's not picking up.
- Well, try his pager.
- Who is it? Who's on call? It's Castaldi, sir, you just can't - Where is his chambers? Here, here, he's in 206.
Look, you just can't Justice Castaldi! Sir, wait! Wait! We have new evidence, sir! Please.
Eli stillwell, the church board president, was beating his wife.
Father Ortiz knew about this.
Mrs.
Stillwell just retracted the alibi she provided for her husband that night.
I'm listening.
All right, he had motive.
He had opportunity.
Can you put him at the scene? Can you link him to the crime? You have a suspicion? That's not enough! Yes, sir, it's enough for a stay! Please, Justice Castaldi, Give me a day.
Give me eight hours! You had eight years.
Your client had a trial.
He had his appeals.
He even had two emergency petitions.
We can fix this! We can't undo it, sir, not once it's done.
That's just it.
At some point, it has to be done.
It's over, mr.
Swain.
Let it go.
Damn it! # Amazing Grace # # how sweet the sound # # that saved a wretch # # like me # # I once was lost # # but now I'm found # # was blind but now I see # # a life of joy # # and peace #