Conviction (2006) s01e09 Episode Script
The Wall
These are her most recent photos.
The last month of e-mails off her computer.
Her acceptance letter from Dartmouth.
Elena was always so smart.
So motivated.
Ever since she was a kid she wanted to be a doctor.
So I pushed her to apply for that scholarship at Clayton.
It's not your fault, Mr.
Hernandez.
We need to establish Colin Brody pursued her.
Well, there's not really much to say.
He was in love with her, and she thought he was a scary stalker dork.
Why do you think he killed her? Because she wouldn't go to prom with him.
That's it? He couldn't handle being dissed.
Rich kid like that.
It drove him crazy that some Latino girl from the Bronx just wasn't interested.
Colin Brody? He was interested in a lot of girls.
Fine.
Let's review your police statement,okay? Sure.
"I was hanging in the den with a few friends "when Colin came in and said Elena passed out.
"I ran into the maid's room.
Started shaking her.
But she was already out of it.
" That sound right, Zach? At first I thought she was goofing around, you know.
Her eyes were still open.
But But she was dead.
Right.
- I told everyone that choking game was stupid.
- I told her that it would be a rush.
That it was a way to get high without doing drugs.
So you taught her how to play.
He won't press too hard.
Just enough to stop the oxygen from going to the brain.
This was an accidental death resulting from a senseless game.
Not murder.
We disagree.
The victim was a willing participant.
My client intended her no harm.
There's no depraved indifference here.
I'm inclined to dismiss the Murder Two charge unless you can tell me why this isn't just another tragic accident, Mr.
Steele.
Because Colin Brody wanted Elena Hernandez dead.
I assume you have a motive.
The victim rejected the defendant's invitation to the prom.
That's your motive? It wouldn't be the first time someone killed over unrequited love.
I don't really see Murder Two here, Mr.
Steele.
Have you thought of a lesser charge? Involuntary manslaughter? Negligent homicide? The facts support Murder Two.
I just said I don't see that.
Well, in my experience, it's the DA's office that decides what a defendant is charged with,not the judge.
Watch it.
Because the kid is privileged, you deem him too good for the system? Unless you want to walk out of here in handcuffs, I'd advise you to shut your mouth-- Judge, the people have a strong case-- That's it.
I warned you.
Charley.
- Would you please take Mr.
Steele into custody.
- You're kidding, right? Not in the least.
Nice job, Jim.
You're off to a smashing start.
Guy tried to muscle me into a plea.
You know what Hanford's like.
- Yeah, he's a thug.
- Come on, Jim.
If you piss of a judge What do you want me to do? Buy him a bottle of scotch? I know we agreed on Murder Two, but given the circumstances, we might want to reconsider.
The facts support the charge.
It doesn't matter if a judge has it in for you.
What kind of example does it set if the Deputy Bureau Chief caves the minute a bully judge comes down on him? What kind of example were you setting when you got locked up? I can win this case, Alex.
When the thumbs compress the carotid arteries in the neck, it induces a state of hypoxia.
A lack of oxygen to the brain.
For about 8 to 12 seconds.
Upon release of the restriction, blood rushes back up into the brain, which can result in a brief sense of euphoria.
That's the so-called high.
Doctor, in your opinion, was it compression of the arteries that killed Elena Hernandez? No.
There was severe hemorrhaging around the trachea.
And the hyoid bone was broken.
That must've taken a considerable amount of pressure.
To break the hyoid bone requires some force.
He would've felt it collapse, like crushing a ping pong ball.
Have you examined other teenagers killed during the so-called chocking game? Yes.
Five.
But I've studied the autopsy reports of a dozen other deaths.
And did any of them have broken hyoid bones? - Objection.
- Sustained.
- On what ground? - Next question, Mr.
Steele.
I would like to submit into evidence a photograph of the victim - showing severe bruising around the neck.
- Hold it, Mr.
Steele.
Will counsel approach? Let me see that photo.
- This photo clearly shows-- - I know what it shows, Mr.
Steele.
But where's your motion in limine? My motion in limine? It's an autopsy photograph.
- Since when does -- - No motion, no exhibit.
It's not coming in.
Your Honor, this photograph is tantamount-- I'm not having this conversation.
Now, if there's nothing new to add with this witness-- I have more questions for Dr.
Selinksy.
Oh, fine.
You can ask them after lunch.
- I'd prefer to-- - After lunch.
I'm starving.
What's the deal with you and the judge? - Meaning? - He's dumping all over us.
Breaking for lunch in the middle of a key witness.
Kicking an autopsy photo on a technicality.
- He's hardcore.
- He's more than that.
We have the facts to support a conviction, Billy.
That's all that matters.
Not if the guy in the black robe wants to stick it up your ass.
- I'm not in there to make friends.
- I'm just saying We should find a way to smooth it over with Judge Hanford before this gets out of control.
You win a murder trial by focusing on the evidence.
Not the judge.
You understand? Hey, what's going on? What do you mean? Cabot just called.
Told me to pick up a couple of your cases.
Why? Don't know.
She wants to see you in her office.
Did I do something wrong? Hopefully, you're not gonna get fired.
I feel like we've been summoned to the principal's office.
We pretty much have.
What do you think it's about? No clue.
Why do I always feel guilty when this happens? - How's my tie? - It's good.
I am convinced acting classes are effective at raising conviction rates.
Plus you get your CLE credits.
What's not to like? But I have a sentencing hearing-- Oh, Rossi will handle that.
I've cleared both your schedules.
This takes precedence.
But already I took drama courses in-- Look, I've been watching you both.
Christina, you could use some work on your courtroom presence.
- My presence? - Nick, you tend to be a little robotic.
- Really.
- Classes start tomorrow morning.
Break a leg.
You're sure we're okay with our witness today? He'll be there.
We got a lot of cops seeing to that.
Well, if he's solid in court-- Don't worry about that.
Like he told you.
He saw everything.
What we need you to do is bury that dirtbag that shot our guy.
By the way, how's Ernie doing? Better.
Still some nerve damage and a long road of rehab before he's back on the force.
Well, if he can,tell him to get his dress blues pressed.
I want him in court, looking like a hero.
That a promise I can take back to the precinct? This scumbag's parole officer hasn't even been born yet.
You're gonna be a hero.
Fat lady sings today on your cop shooter, huh? Oh, she's warming up her vocal chords anyways.
How's it going with you and Steele on that choking case? Rockin' the second chair, baby.
What's not to like? So I rolled down to the corner to buy myself a pack of menthols.
I turn, I see the dude standing right outside the bodega.
Meaning the defendant? Curtis Jakes? Yeah, the dude right over there.
That's him.
What was he doing? Just standing out by the door.
Like he was waiting on somebody to come out.
He had on, like, a black puffy with a hood.
A pair of Dickies and a sweet pair of yellow Puma Clydes.
Could you see the defendant's face? No, not at first.
You know, he had his back to me.
But then the cop come out with a coffee in his hand.
You mean Officer Ernie Marks? Yeah, that's him.
Right.
He come out, I see homeboy's hand come up inside a paper bag.
Shot three times.
He put two in the cop's back, one through the window.
Cat turned.
He ran right past me.
That's when I saw his face.
No further questions.
You just said you saw my client shoot the officer with a gun concealed inside a paper bag.
That's right.
And yet in your written statement, you describe the gun as a nine millimeter.
- True that.
- But the gun was never recovered.
So how is it that you were able to identify the model of the gun when you never even saw it? I don't know where you're from, man, but I grew up in the Heights.
Where any fool, even a six-year-old, could tell the difference between the sound of a nine, a deuce-deuce and a .
357.
Now that man shot that cop with a nine.
Twice.
In the back.
Him right there.
What's up, counselor? I though you'd be sipping on some Cristal or something after my testimony today.
Hey, it ain't over till it's over, Sonny.
So what's up? Why am I here? You play? I'm deadly on the board.
Grand Master Flash.
Pow! See that dude? - In six moves, it'd be over-- - Sonny.
Sonny, now.
Fine.
"Now" it is.
I want a little love for hooking you up.
What the hell are you talking about, "love"? Oh, man, you owe me, Ace.
I hooked you up big time.
Sonny, I got your ass a "get out of jail free" card in exchange for your testimony.
- Now, if you're not happy, hey, I can turn it around.
- That ain't nothing but a given, bro.
I just made your whole damn case.
And I still ain't heard nothing about a reward, man.
What, you expect me to pay you for your testimony? Well, that's how it works where I come from.
No, not in court, Sonny.
Okay? - Okay.
- What? You had nothing on that cop shooting till I stepped up.
And I gift-wrapped that baby.
I sold it.
Sold it? Come on, man.
Come here.
- You saying you lied? - No, man, I saw the guy shoot that cop.
Maybe I just didn't see his face.
I don't believe this.
Look, I told everyone what they wanted to hear man ain't no problem, bro.
Just take care of me is all I'm saying.
Son of a bitch.
- Hey, can I talk to you? - Sure.
Uh, in private.
Give me a couple of minutes Thanks.
- What's up? - I had, uh, a chat after trial with our star witness, Sonny Villanueva.
Seems his take on the shooting wasn't exactly ironclad.
Sonny's just playing you.
I mean, he's a grade-A hustler looking to score some back-end points.
Oh, well makes you wonder how he got that idea.
What's that? Maybe somebody already gave him the front end.
You accusing me of something, counselor? 'Cause then we've got big problems.
I'm just saying I don't like guys lying on the stand.
Don't over-think it.
- Conviction's in the bag.
Leave well enough alone.
No.
Thing is Perjured testimony is not "well enough" in my book.
What are you, a Boy Scout, Peluso? No, I'm doing my job.
So was Ernie Marks.
Okay, if Sonny's lying, I am obligated to tell the judge.
Are you kidding? He said he didn't make the defendant's face.
You don't get it, do you? That son of a bitch shot one of us in the back.
And you're gonna let him walk on a friggin' technicality? Whose side are you on, kid? Hey.
- How you doing, Ernie? - Not too good.
- What's the matter? - I'm hearing things.
Things I hope aren't true.
About Sonny Villanueva's testimony? Listen, that punk Jake shot me in the back, right? I'm pissing in a bag and I can't feel my feet.
If it was you sitting in this chair instead of me You gonna let him get away with this? - No.
- Then do what's right.
What was that about? I think my key witness in Ernie's trial lied on the stand.
- Witness admit that? - Pretty much.
Cops push him into it? What do you think? So what are you gonna do? Is a lie worth letting a cop shooter walk? - You know the answer to that? - Unfortunately.
This is it.
You think Cabot will find out if we ditch? We could just - go catch a matinee.
- We have to get our CLE forms signed.
Besides, how bad could it be? I'm a mother pheasant plucker.
I pluck mother pheasants.
I'm the most pleasant mother pheasant plucker to ever pluck a mother pheasant.
Articulation, please.
Again.
I'm a mother pheasant plucker.
I pluck mother pheasants.
I'm the most pleasant mother pheasant plucker.
Mr.
Peluso, are you asking the court to disregard the witness' testimony in its entirety? No, Your Honor.
I don't think that's necessary.
Necessary? His eyewitness lied.
About one thing.
That's it.
He claims everything else he said was true.
You have no choice but to dismiss the case.
I'm not dismissing anything.
Mr.
Peluso will recall the witness.
And you can cross-examine him to your little heart's content.
Thank you.
Judge Hanford's tough, but fair.
A letter of the law kind of guy.
What can I say? Seems to me there's something personal going on here, Mavis.
Personal? - Mm-hmm.
- That would be inappropriate.
- Come on, don't give me that.
- Billy, don't play me.
Play you? I'm just trying to figure out what the hell's going on with your boss.
We're getting killed.
Maybe your boss should've thought twice before mouthing off to the judge.
Mouthing off? What, you didn't know Hanford held Steele in contempt? Had him thrown in the clink.
- Guess Steele's not the sharing type.
- Guess not.
Hanford thought the evidence didn't support murder.
Steele challenged him.
And here we are.
Okay, so what can we do to fix this? - That ship's sailed.
- Sailed? That's ridiculous.
Come on, a young girl is dead.
That's gotta be more important than your boss' fragile ego.
You know how judges can get.
Well, would a call from Judge Fuller help? He can vouch for Steele's reputation.
Billy, you want to throw names around like that, you better perfect your whisper.
We were playing a game.
I don't know! And she just passed out.
Please, just hurry! Please! When did you decide to call for help? When I came back into the room.
Elena was lying there flat out on the floor.
Where was Colin? He was just standing over her.
Kind of spaced out.
- He wasn't trying to revive her? - No.
It was like he wasn't sure what to do.
- Are you aware that Colin had asked Elena to the prom? - Yeah.
He had this outrageous flower arrangement delivered to AP History.
Objection.
Hearsay.
Sustained.
Did Elena say that Colin was mad when she turned him down? Don't answer that.
Move on, Mr.
Steele.
I'm trying to establish that the defendant had motive.
I know what you're trying to do, but this isn't the way to do it.
Alyssa, on the night in question, how would you characterize Colin's mood? He was kind of edgy.
- But that could've been the weed.
-Excuse me, young lady? There were drugs at this party? I told Mr.
Steele we were smoking.
At this point in time, I'm advising the witness of her Fifth Amendment right not to incriminate herself.
I've already discussed the drug consumption with Ms.
Burnside and do not intend to prosecute her for it.
Well, thank you, counselor, but I'm going to insist that the witness consult with a lawyer.
But, Your Honor, she hasn't even requested a lawyer.
I'm appointing one.
- I don't believe this.
- Believe it, counselor.
And next time, don't send your second chair to do your dirty work with my clerk.
Understand me? - You Honor, I was simply-- - Keep your mouth shut, son.
Your Honor, I have no knowledge of the conversation between Mr.
Desmond and your clerk.
Your witness is gone.
She's taking the Fifth.
Now step back.
Your Honor, please you can-- Mr.
Steele, this is my courtroom.
I can do what I want.
Now, go back to your table and proceed.
Leave the files at my office.
You're off this case.
- Off the case? - You went around my back.
Can I say something? - There's nothing you could say I'd be interested in hearing.
- I was just trying to help.
- The judge is pissed.
- Just leave the files in my office.
I'm sorry I stepped out of line.
I am.
But you could've told me the judge sent you to jail.
You're second chair.
You're on a need-to-know basis.
Fine.
It's your case.
I get it.
But if I were you, I would make the deal.
- This guy Hanford means business.
- What do you want me to do? Roll over because the judge is a bully? Screw that.
I can win this case.
It's tough to throw a strike when the umpire wants to kick your ass.
We're not talking about a baseball game, Billy.
We're talking about a murder trial.
It's still a game.
I want you to imagine that you've just walked in on your mom having mind-blowing sex on the kitchen floor with the Roto-Rooter guy.
- Oh, my God.
- Exactly.
Go with it.
Mom - What about your herniated disc? - Un-uh! Stay in the moment.
How could you do this? - Dad worships you.
- Get in there.
Reach, reach deeper.
Deeper.
Unlock the safe.
And what about all those lectures on respect? "Respect yourself, Christina.
"Don't let some drunk frat boy take your respect from you.
You're too good for that.
" My God.
Do you realize how many opportunities I missed out on because I had your voice in the back of my head? Where's the respect now, Mom? Bravo.
- Whew! - Um, - sorry.
I guess I just lost it for a second.
- That's exactly the point.
You've got some real raw talent, my dear.
I do? Not to mention a fantastic look.
Really? All that repressed sexuality bubbling beneath that Nervous Nelly exterior.
Thank you.
Okay.
Um Mr.
Potter, care to give it a stab? No, thanks.
Hmm.
Not quite there yet.
Wow.
So Steele cut you loose from the case.
I was just trying to run some interference, man.
I know, but you know, but Steele is a tricky cat as it is, and he doesn't like a lot of help.
Are you burning the midnight oil there, Peluso? Real comforting.
Ernie Marks is at home in a wheelchair, you're out boozing in the middle of his case? - Easy, fellas.
- Easy? Your man here is about to let the punk who shot a cop walk.
You're telling me to take it easy? I'm out of here.
Yeah, go home, jackass.
You screwed up enough for one day.
- What did you say? - Let it go.
No, I'm fine.
What? You heard him, tough guy.
Any time, you punk son of a bitch.
Hey, hey! Come on, man! Come on, man! What do you got? Hey Tom Hey Listen I need you to bring in an informant.
Sonny Villanueva.
He hangs out at Columbus Park with the chess hustlers.
Yeah, I'll try and get to it.
Actually, it's a priority.
I need him in court this afternoon.
Why? So you can tell the jury that he lied? And then this lowlife thug that shot Ernie, he gets a walk? Are you telling me you're not gonna pick this guy up? I'm just telling you I got more pressing business.
That's all.
- You got a minute? - What? Maybe this'll help.
I've been going through the e-mails Mr.
Hernandez gave us.
Appreciate it, Billy, but I'm flying solo.
Elena was in love with Colin's best friend Zach.
Zach never mentioned this in his interviews? No but I have Detective Barry dragging his ass in here as we speak.
- Good.
- Sure.
Good luck with the case.
Desmond.
Thanks.
So you and me, we're okay? Yeah.
Hug it out? Whoa.
I'd rather focus on Zach Rothman's testimony.
That mean I'm back on the case? Yeah.
- Jess, hey.
- Hey, get to it.
I'm running late.
35th is coming up.
You can't take a little time for that? Like that's cause for celebration? Aw, give it a rest.
Dad hasn't had a drink in over a month.
He's really trying, Jess.
And Mom's been happy.
She's singing those show tunes.
It's kind of annoying, actually.
Come on, hardass.
Say yes.
Uh, where is this happy event? I'm gonna set it up at some really nice restaurant.
I'll let you know.
Okay.
You never told me you and Elena had a thing.
- Colin's my best friend.
- Perjury's a felony, Zach.
What's that mean? I means you better tell the truth, or we're gonna throw your ass in jail.
Me and Elena had been hanging out for, like, a week.
But I didn't know Colin was so into her.
I swear to God.
If I knew, I would've stayed away.
Did Colin see you and Elena together that night? Yeah.
He walked in on us.
You know, fooling around.
What did he do? He went into the other room.
Started drinking.
I tried to talk to him, but he freaked.
- Freaked? - He went nuts.
He wanted to fight me.
I'd never seen him like that.
When did he and Elena pair off? About ten minutes later, everybody started playing that stupid choking game.
Elena seemed kind of scared.
But Alyssa talked her into it.
We're gonna need you to testify to all this.
You understand? It was a rhetorical question, Zach.
Oh, - right.
- We'll give you a call.
- Let you know when to show up.
- Right I'll set up a Sandoval hearing to admit Zach's testimony.
No, don't.
This judge'll never let him testify if we ask outright for it.
Right.
Fastball on the outside corner.
The ump doesn't like you.
It's a ball.
- So you do listen to what I say, huh? - Sometimes.
So what do we do? Colin's always been an exceptionally bright boy.
Excelled in everything he did.
Academics.
Sports.
Would you consider him disruptive or angry? Objection.
Leading.
Overruled.
No, quite the opposite.
Colin approached everything in his life with a positive, upbeat attitude.
- He was very peaceful.
- Thank you.
Nothing further.
Prosecution.
The People have nothing for the witness at this time.
Any further witnesses, Mr.
Lohman? Defense rests, Your Honor.
At this time the People would like to call a rebuttal witness to refute the testimony of Headmaster Reynolds.
Approach.
- Who's this witness, Mr.
Steele? - Your Honor, Zach Rothman was present the night of the murder and will testify to the defendant's hostile feelings toward the victim.
This is a last ditch attempt to circumvent the prior ruling pertaining to motive.
I agree.
Headmaster Reynolds put the defendant's character at question by characterizing him as "peaceful.
" I have information that refutes the witness' testimony.
Here are five cases directly on point.
I'll allow the witness.
But you better stay on course, or I'm throwing him out.
The People call Zach Rothman.
I love him.
I love him.
I love that man.
I fell in love with his voice and what he said.
It's my fate.
It's my destiny to love him.
And he loves me.
Isn't it all terrible? Or is it wonderful? Scene.
A commendable effort, Ms.
Fin.
A commendable effort.
Mr.
Potter, you're up.
Um, I don't feel so hot today.
Well, then I guess you'll be joining us next week, because I won't be signing your CLE form today.
Uh, this is Hamlet by William Shakespeare.
Oh, what a rogue and peasant slave am I.
Is it not monstrous that this player here, but in a fiction, in a dream of passion-- Oh, come on, Mr.
Potter.
Hamlet is trying to muster up the courage to avenge his father's murder.
Give us some trepidation.
A little fear, perhaps.
Am I a coward? Who calls me villain? Breaks my pate across? Plucks off my beard and blows it in my face? What are you protecting in there? Break down those walls.
Bloody, bawdy villain.
Remorseless, treacherous, lecherous, kindless villain.
Oh, vengeance.
Why, what an ass am I? Mr.
Potter, show us your fears.
Gut-wrenching, heart-palpitating fears.
Do you have any idea what that's like? Hamlet knew fear.
Make me know fear.
You want to know fear? Real fear? Like staring down the barrel of a nine millimeter wondering if the son of a bitch is gonna pull the trigger and blow your brains all over your new suit.
Picturing the bullet piercing your skull.
Your own funeral.
Your mother wailing.
Is that the kind of fear you're looking for? So you never really saw my client shoot anybody, did you? No, no, no.
I saw him shoot that cop.
I saw the whole thing - from across the street.
- Now you say you were across the street.
Before, you said he ran right past you.
Which is it? I was across the street.
I just came out of the OTB.
I saw him looking through the window of the bodega.
But if you were across the street, how could you have identified his face? I didn't see his face.
But I would recognize those yellow Puma Clydes anywhere.
So you have no idea who shot Officer Marks.
Is that what you're saying? What I'm saying is I saw Jakes in his Clydes lean up against the glass and look through the window.
Now he waited for that cop to come out, and then he shot him.
Thank you.
I think we've all heard enough stories from you, Mr.
Villanueva .
uh Your Honor, based on new information that has surfaced, I'd like to ask for adjournment to consult with an expert witness.
Court will adjourn until 3:00.
We'll hear from any final witnesses then.
Cowher.
Detective! - What the hell do you want? - Your help.
The window from the shooting's still in evidence, right? Forget it.
You heard Sonny.
The defendant put his hand up to the glass.
If we dust it-- I heard what Sonny said the first time.
But you decided he was lying, remember? Sonny's new testimony is better than the lie.
Help me.
So that was all just talk, right? About stepping up when one of yours gets shot? 'Cause it seems to me you're more interested in playing tough guy than getting a guilty verdict.
You watch your mouth, you little prick.
Are you gonna play badass? Or are you gonna help me bury the guy who shot Ernie Marks? Yeah, Colin was pissed off.
Thought I'd broken some guy code or something, 'cause I was fooling around with Elena.
Did he get physical with you? He pushed me.
Took a swing.
Approximately what time did you and Colin have this altercation? I don't know.
Maybe 11:30.
Roughly 40 minutes before the 911 call came in that Elena Hernandez had stopped breathing.
- Objection.
Is there a question? - Sustained.
Zach, what did you say to the defendant when he accused you of hitting on Elena Hernandez? I told him I didn't know he liked her.
Did he say anything else? - He called her a whore.
- Objection.
- Sustained.
- After you and Colin argued, where did he go? - Into the maid's room.
- The maid's room.
Where Elena Hernandez would be strangled to death less than an hour later.
That's it, Mr.
Steele.
You're done with this witness.
What the hell do you think you're doing, Steele? Excuse me? I've been a judge for 20 years, and you got the balls to talk over me? Ignore my rulings in front of the jury? I'm not ignoring-- I told you this is not a murder case, but you-- Because that's what I believe.
You really want to send a decent kid to prison for life, because he asked a girl to the prom and she said no? - There is more to this case-- - It's a tragic, horrible accident.
Maybe he pressed too hard.
Maybe he was jealous.
But for God's sake, Steele Where's the depraved indifference, the intent? Let's resolve this case and let Colin Brody get on with his life.
Unfortunately, Elena Hernandez can't get on with hers.
Tell me how ruining Brody's life changes that.
It's called punishment.
This kid's nightmares will be punishment enough.
I want you to plead this out to Negligent Homicide today.
- I'll give him one to three.
- We've already been over this.
I can't do that.
Where the hell are you going? To my office.
I want to prepare my closing argument.
What? Nothing.
You just really tapped into something raw there.
What are you, Master Thespian now? Hey, Winston told me I had real potential.
- I wouldn't quit your day job.
- Very funny.
Look, the thing is when I got mugged, I just tried to keep it all inside, you know? Act like it was no big deal.
Smile and move on.
- Did they ever catch the guy? - Yeah.
Yeah, a few days after it happened.
They did? I had no idea.
That's great.
- Not exactly.
- What do you mean? I I let the guy walk from a lineup.
Were you sure it was him? Yeah, yeah, it's-- I don't know.
I wanted to point him out, but-- I guess I was afraid.
Well, it's not easy, Nick, to put yourself out there like that.
But I'm ready now to ID him.
I just needed some time.
I'd just leave it alone.
No need to go down that road again.
I can't let this guy get away with what he did to me.
- But I already did, huh? - Yeah, unfortunately.
Can you tell us what caused this hole in the window? It was a bullet.
And was the spent round recovered from inside the bodega? Yes.
And that bullet matched the striations on the other two bullets recovered from Officer Marks during surgery.
So all three bullets were fired from the same nine millimeter weapon.
Correct.
Did you find anything else when you dusted the window? We found a right palm print.
- From this part of the hand? - Correct.
The same part that would be used to peer through a window? Objection.
Foundation.
Withdrawn.
What did you find when you compared the palm print with that of the defendant's? It was a perfect match.
Thank you.
No further questions, Your Honor.
It may sound trivial to you and me, but to a high school student, there is nothing more painful than being rejected.
Now, most kids get over it.
They move on.
They find other crushes.
But not Colin Brody.
Colin Brody was different.
He waited for just the right moment.
And when he had his chance, he put his hands on Elena Hernandez's neck.
And he squeezed.
And he kept squeezing.
He squeezed so hard that he crushed the hyoid bone in her neck.
And that's when the game stopped being fun.
That's when it became murder.
- Thanks.
- Hey.
Dinner tonight? You can either help me celebrate or help me drown my sorrows.
I got a thing.
- Family obligation.
- Ahh.
That's right behind, "My friend from college is in town.
" If I was blowing you off, I'd just say, "I'm blowing you off.
" Good point.
Maybe we can hook up after? Family functions don't usually leave me in a very good mood.
Aye.
Good luck on your verdict.
- Ladies and gentlemen, have you reached a verdict? - We have.
What say you? To the charge of murder in the second degree, we find the defendant, Colin Brody, guilty.
Thank you, ladies and gentlemen of the jury.
You're excused.
Thank you for everything.
What's going on? I thought we-- Congratulations, Mr.
Steele.
Your tenacity was inspiring.
Thank you.
I'm reducing the charge.
- Come again? I'm allowing the defendant's 3-30-30 motion and setting aside the verdict.
What? The conviction will stand on the lesser charge of Negligent Homicide.
I'm sentencing Colin Brody to two years probation.
Probation.
Thank you, Your Honor.
It's a fair result.
Colin Brody murdered that girl.
The jury just voted to convict.
Who are you to tell them that they're wrong? With all due respect, Mr.
Steele, you won on your argument.
Now I win on my opinion.
You pulled that one out of your ass, huh, kid? A guilty verdict's a guilty verdict.
Doesn't matter where it comes from.
I'm sorry about all the drama here, Ernie.
Couldn't help it.
I was never gonna let that lowlife get away with shooting you.
Never.
You gotta know that.
Come on.
What can I say? Guess you got lucky.
It's not about me.
It's about that punk doing time.
But I guess you guys forgot about that.
Checked over at Uncle Jeff's.
He said the game ended an hour ago.
I'm sure he just got caught in traffic.
You know what, Mom? Why don't you go ahead and open your gift? - Oh, I should wait for your father.
- No, he'd want you to.
Oh, it's such a pretty shade, isn't it? Oh, it's--it's-- it's too much.
It's beautiful.
Try it on.
- Your father really bought this? - Absolutely.
You kids have places to go tonight.
Let's go ahead and order.
Your dad will show up soon.
- Jim, what are you-- - The judge reduced the charge, George.
The kid's walking.
I didn't want you to read about it in the paper.
A judge can do that? After you won the case fair and square? Unfortunately, he can.
- Why on earth would the bastard do something like this? - Because he's a bastard.
--------------------------- ---------------------------
The last month of e-mails off her computer.
Her acceptance letter from Dartmouth.
Elena was always so smart.
So motivated.
Ever since she was a kid she wanted to be a doctor.
So I pushed her to apply for that scholarship at Clayton.
It's not your fault, Mr.
Hernandez.
We need to establish Colin Brody pursued her.
Well, there's not really much to say.
He was in love with her, and she thought he was a scary stalker dork.
Why do you think he killed her? Because she wouldn't go to prom with him.
That's it? He couldn't handle being dissed.
Rich kid like that.
It drove him crazy that some Latino girl from the Bronx just wasn't interested.
Colin Brody? He was interested in a lot of girls.
Fine.
Let's review your police statement,okay? Sure.
"I was hanging in the den with a few friends "when Colin came in and said Elena passed out.
"I ran into the maid's room.
Started shaking her.
But she was already out of it.
" That sound right, Zach? At first I thought she was goofing around, you know.
Her eyes were still open.
But But she was dead.
Right.
- I told everyone that choking game was stupid.
- I told her that it would be a rush.
That it was a way to get high without doing drugs.
So you taught her how to play.
He won't press too hard.
Just enough to stop the oxygen from going to the brain.
This was an accidental death resulting from a senseless game.
Not murder.
We disagree.
The victim was a willing participant.
My client intended her no harm.
There's no depraved indifference here.
I'm inclined to dismiss the Murder Two charge unless you can tell me why this isn't just another tragic accident, Mr.
Steele.
Because Colin Brody wanted Elena Hernandez dead.
I assume you have a motive.
The victim rejected the defendant's invitation to the prom.
That's your motive? It wouldn't be the first time someone killed over unrequited love.
I don't really see Murder Two here, Mr.
Steele.
Have you thought of a lesser charge? Involuntary manslaughter? Negligent homicide? The facts support Murder Two.
I just said I don't see that.
Well, in my experience, it's the DA's office that decides what a defendant is charged with,not the judge.
Watch it.
Because the kid is privileged, you deem him too good for the system? Unless you want to walk out of here in handcuffs, I'd advise you to shut your mouth-- Judge, the people have a strong case-- That's it.
I warned you.
Charley.
- Would you please take Mr.
Steele into custody.
- You're kidding, right? Not in the least.
Nice job, Jim.
You're off to a smashing start.
Guy tried to muscle me into a plea.
You know what Hanford's like.
- Yeah, he's a thug.
- Come on, Jim.
If you piss of a judge What do you want me to do? Buy him a bottle of scotch? I know we agreed on Murder Two, but given the circumstances, we might want to reconsider.
The facts support the charge.
It doesn't matter if a judge has it in for you.
What kind of example does it set if the Deputy Bureau Chief caves the minute a bully judge comes down on him? What kind of example were you setting when you got locked up? I can win this case, Alex.
When the thumbs compress the carotid arteries in the neck, it induces a state of hypoxia.
A lack of oxygen to the brain.
For about 8 to 12 seconds.
Upon release of the restriction, blood rushes back up into the brain, which can result in a brief sense of euphoria.
That's the so-called high.
Doctor, in your opinion, was it compression of the arteries that killed Elena Hernandez? No.
There was severe hemorrhaging around the trachea.
And the hyoid bone was broken.
That must've taken a considerable amount of pressure.
To break the hyoid bone requires some force.
He would've felt it collapse, like crushing a ping pong ball.
Have you examined other teenagers killed during the so-called chocking game? Yes.
Five.
But I've studied the autopsy reports of a dozen other deaths.
And did any of them have broken hyoid bones? - Objection.
- Sustained.
- On what ground? - Next question, Mr.
Steele.
I would like to submit into evidence a photograph of the victim - showing severe bruising around the neck.
- Hold it, Mr.
Steele.
Will counsel approach? Let me see that photo.
- This photo clearly shows-- - I know what it shows, Mr.
Steele.
But where's your motion in limine? My motion in limine? It's an autopsy photograph.
- Since when does -- - No motion, no exhibit.
It's not coming in.
Your Honor, this photograph is tantamount-- I'm not having this conversation.
Now, if there's nothing new to add with this witness-- I have more questions for Dr.
Selinksy.
Oh, fine.
You can ask them after lunch.
- I'd prefer to-- - After lunch.
I'm starving.
What's the deal with you and the judge? - Meaning? - He's dumping all over us.
Breaking for lunch in the middle of a key witness.
Kicking an autopsy photo on a technicality.
- He's hardcore.
- He's more than that.
We have the facts to support a conviction, Billy.
That's all that matters.
Not if the guy in the black robe wants to stick it up your ass.
- I'm not in there to make friends.
- I'm just saying We should find a way to smooth it over with Judge Hanford before this gets out of control.
You win a murder trial by focusing on the evidence.
Not the judge.
You understand? Hey, what's going on? What do you mean? Cabot just called.
Told me to pick up a couple of your cases.
Why? Don't know.
She wants to see you in her office.
Did I do something wrong? Hopefully, you're not gonna get fired.
I feel like we've been summoned to the principal's office.
We pretty much have.
What do you think it's about? No clue.
Why do I always feel guilty when this happens? - How's my tie? - It's good.
I am convinced acting classes are effective at raising conviction rates.
Plus you get your CLE credits.
What's not to like? But I have a sentencing hearing-- Oh, Rossi will handle that.
I've cleared both your schedules.
This takes precedence.
But already I took drama courses in-- Look, I've been watching you both.
Christina, you could use some work on your courtroom presence.
- My presence? - Nick, you tend to be a little robotic.
- Really.
- Classes start tomorrow morning.
Break a leg.
You're sure we're okay with our witness today? He'll be there.
We got a lot of cops seeing to that.
Well, if he's solid in court-- Don't worry about that.
Like he told you.
He saw everything.
What we need you to do is bury that dirtbag that shot our guy.
By the way, how's Ernie doing? Better.
Still some nerve damage and a long road of rehab before he's back on the force.
Well, if he can,tell him to get his dress blues pressed.
I want him in court, looking like a hero.
That a promise I can take back to the precinct? This scumbag's parole officer hasn't even been born yet.
You're gonna be a hero.
Fat lady sings today on your cop shooter, huh? Oh, she's warming up her vocal chords anyways.
How's it going with you and Steele on that choking case? Rockin' the second chair, baby.
What's not to like? So I rolled down to the corner to buy myself a pack of menthols.
I turn, I see the dude standing right outside the bodega.
Meaning the defendant? Curtis Jakes? Yeah, the dude right over there.
That's him.
What was he doing? Just standing out by the door.
Like he was waiting on somebody to come out.
He had on, like, a black puffy with a hood.
A pair of Dickies and a sweet pair of yellow Puma Clydes.
Could you see the defendant's face? No, not at first.
You know, he had his back to me.
But then the cop come out with a coffee in his hand.
You mean Officer Ernie Marks? Yeah, that's him.
Right.
He come out, I see homeboy's hand come up inside a paper bag.
Shot three times.
He put two in the cop's back, one through the window.
Cat turned.
He ran right past me.
That's when I saw his face.
No further questions.
You just said you saw my client shoot the officer with a gun concealed inside a paper bag.
That's right.
And yet in your written statement, you describe the gun as a nine millimeter.
- True that.
- But the gun was never recovered.
So how is it that you were able to identify the model of the gun when you never even saw it? I don't know where you're from, man, but I grew up in the Heights.
Where any fool, even a six-year-old, could tell the difference between the sound of a nine, a deuce-deuce and a .
357.
Now that man shot that cop with a nine.
Twice.
In the back.
Him right there.
What's up, counselor? I though you'd be sipping on some Cristal or something after my testimony today.
Hey, it ain't over till it's over, Sonny.
So what's up? Why am I here? You play? I'm deadly on the board.
Grand Master Flash.
Pow! See that dude? - In six moves, it'd be over-- - Sonny.
Sonny, now.
Fine.
"Now" it is.
I want a little love for hooking you up.
What the hell are you talking about, "love"? Oh, man, you owe me, Ace.
I hooked you up big time.
Sonny, I got your ass a "get out of jail free" card in exchange for your testimony.
- Now, if you're not happy, hey, I can turn it around.
- That ain't nothing but a given, bro.
I just made your whole damn case.
And I still ain't heard nothing about a reward, man.
What, you expect me to pay you for your testimony? Well, that's how it works where I come from.
No, not in court, Sonny.
Okay? - Okay.
- What? You had nothing on that cop shooting till I stepped up.
And I gift-wrapped that baby.
I sold it.
Sold it? Come on, man.
Come here.
- You saying you lied? - No, man, I saw the guy shoot that cop.
Maybe I just didn't see his face.
I don't believe this.
Look, I told everyone what they wanted to hear man ain't no problem, bro.
Just take care of me is all I'm saying.
Son of a bitch.
- Hey, can I talk to you? - Sure.
Uh, in private.
Give me a couple of minutes Thanks.
- What's up? - I had, uh, a chat after trial with our star witness, Sonny Villanueva.
Seems his take on the shooting wasn't exactly ironclad.
Sonny's just playing you.
I mean, he's a grade-A hustler looking to score some back-end points.
Oh, well makes you wonder how he got that idea.
What's that? Maybe somebody already gave him the front end.
You accusing me of something, counselor? 'Cause then we've got big problems.
I'm just saying I don't like guys lying on the stand.
Don't over-think it.
- Conviction's in the bag.
Leave well enough alone.
No.
Thing is Perjured testimony is not "well enough" in my book.
What are you, a Boy Scout, Peluso? No, I'm doing my job.
So was Ernie Marks.
Okay, if Sonny's lying, I am obligated to tell the judge.
Are you kidding? He said he didn't make the defendant's face.
You don't get it, do you? That son of a bitch shot one of us in the back.
And you're gonna let him walk on a friggin' technicality? Whose side are you on, kid? Hey.
- How you doing, Ernie? - Not too good.
- What's the matter? - I'm hearing things.
Things I hope aren't true.
About Sonny Villanueva's testimony? Listen, that punk Jake shot me in the back, right? I'm pissing in a bag and I can't feel my feet.
If it was you sitting in this chair instead of me You gonna let him get away with this? - No.
- Then do what's right.
What was that about? I think my key witness in Ernie's trial lied on the stand.
- Witness admit that? - Pretty much.
Cops push him into it? What do you think? So what are you gonna do? Is a lie worth letting a cop shooter walk? - You know the answer to that? - Unfortunately.
This is it.
You think Cabot will find out if we ditch? We could just - go catch a matinee.
- We have to get our CLE forms signed.
Besides, how bad could it be? I'm a mother pheasant plucker.
I pluck mother pheasants.
I'm the most pleasant mother pheasant plucker to ever pluck a mother pheasant.
Articulation, please.
Again.
I'm a mother pheasant plucker.
I pluck mother pheasants.
I'm the most pleasant mother pheasant plucker.
Mr.
Peluso, are you asking the court to disregard the witness' testimony in its entirety? No, Your Honor.
I don't think that's necessary.
Necessary? His eyewitness lied.
About one thing.
That's it.
He claims everything else he said was true.
You have no choice but to dismiss the case.
I'm not dismissing anything.
Mr.
Peluso will recall the witness.
And you can cross-examine him to your little heart's content.
Thank you.
Judge Hanford's tough, but fair.
A letter of the law kind of guy.
What can I say? Seems to me there's something personal going on here, Mavis.
Personal? - Mm-hmm.
- That would be inappropriate.
- Come on, don't give me that.
- Billy, don't play me.
Play you? I'm just trying to figure out what the hell's going on with your boss.
We're getting killed.
Maybe your boss should've thought twice before mouthing off to the judge.
Mouthing off? What, you didn't know Hanford held Steele in contempt? Had him thrown in the clink.
- Guess Steele's not the sharing type.
- Guess not.
Hanford thought the evidence didn't support murder.
Steele challenged him.
And here we are.
Okay, so what can we do to fix this? - That ship's sailed.
- Sailed? That's ridiculous.
Come on, a young girl is dead.
That's gotta be more important than your boss' fragile ego.
You know how judges can get.
Well, would a call from Judge Fuller help? He can vouch for Steele's reputation.
Billy, you want to throw names around like that, you better perfect your whisper.
We were playing a game.
I don't know! And she just passed out.
Please, just hurry! Please! When did you decide to call for help? When I came back into the room.
Elena was lying there flat out on the floor.
Where was Colin? He was just standing over her.
Kind of spaced out.
- He wasn't trying to revive her? - No.
It was like he wasn't sure what to do.
- Are you aware that Colin had asked Elena to the prom? - Yeah.
He had this outrageous flower arrangement delivered to AP History.
Objection.
Hearsay.
Sustained.
Did Elena say that Colin was mad when she turned him down? Don't answer that.
Move on, Mr.
Steele.
I'm trying to establish that the defendant had motive.
I know what you're trying to do, but this isn't the way to do it.
Alyssa, on the night in question, how would you characterize Colin's mood? He was kind of edgy.
- But that could've been the weed.
-Excuse me, young lady? There were drugs at this party? I told Mr.
Steele we were smoking.
At this point in time, I'm advising the witness of her Fifth Amendment right not to incriminate herself.
I've already discussed the drug consumption with Ms.
Burnside and do not intend to prosecute her for it.
Well, thank you, counselor, but I'm going to insist that the witness consult with a lawyer.
But, Your Honor, she hasn't even requested a lawyer.
I'm appointing one.
- I don't believe this.
- Believe it, counselor.
And next time, don't send your second chair to do your dirty work with my clerk.
Understand me? - You Honor, I was simply-- - Keep your mouth shut, son.
Your Honor, I have no knowledge of the conversation between Mr.
Desmond and your clerk.
Your witness is gone.
She's taking the Fifth.
Now step back.
Your Honor, please you can-- Mr.
Steele, this is my courtroom.
I can do what I want.
Now, go back to your table and proceed.
Leave the files at my office.
You're off this case.
- Off the case? - You went around my back.
Can I say something? - There's nothing you could say I'd be interested in hearing.
- I was just trying to help.
- The judge is pissed.
- Just leave the files in my office.
I'm sorry I stepped out of line.
I am.
But you could've told me the judge sent you to jail.
You're second chair.
You're on a need-to-know basis.
Fine.
It's your case.
I get it.
But if I were you, I would make the deal.
- This guy Hanford means business.
- What do you want me to do? Roll over because the judge is a bully? Screw that.
I can win this case.
It's tough to throw a strike when the umpire wants to kick your ass.
We're not talking about a baseball game, Billy.
We're talking about a murder trial.
It's still a game.
I want you to imagine that you've just walked in on your mom having mind-blowing sex on the kitchen floor with the Roto-Rooter guy.
- Oh, my God.
- Exactly.
Go with it.
Mom - What about your herniated disc? - Un-uh! Stay in the moment.
How could you do this? - Dad worships you.
- Get in there.
Reach, reach deeper.
Deeper.
Unlock the safe.
And what about all those lectures on respect? "Respect yourself, Christina.
"Don't let some drunk frat boy take your respect from you.
You're too good for that.
" My God.
Do you realize how many opportunities I missed out on because I had your voice in the back of my head? Where's the respect now, Mom? Bravo.
- Whew! - Um, - sorry.
I guess I just lost it for a second.
- That's exactly the point.
You've got some real raw talent, my dear.
I do? Not to mention a fantastic look.
Really? All that repressed sexuality bubbling beneath that Nervous Nelly exterior.
Thank you.
Okay.
Um Mr.
Potter, care to give it a stab? No, thanks.
Hmm.
Not quite there yet.
Wow.
So Steele cut you loose from the case.
I was just trying to run some interference, man.
I know, but you know, but Steele is a tricky cat as it is, and he doesn't like a lot of help.
Are you burning the midnight oil there, Peluso? Real comforting.
Ernie Marks is at home in a wheelchair, you're out boozing in the middle of his case? - Easy, fellas.
- Easy? Your man here is about to let the punk who shot a cop walk.
You're telling me to take it easy? I'm out of here.
Yeah, go home, jackass.
You screwed up enough for one day.
- What did you say? - Let it go.
No, I'm fine.
What? You heard him, tough guy.
Any time, you punk son of a bitch.
Hey, hey! Come on, man! Come on, man! What do you got? Hey Tom Hey Listen I need you to bring in an informant.
Sonny Villanueva.
He hangs out at Columbus Park with the chess hustlers.
Yeah, I'll try and get to it.
Actually, it's a priority.
I need him in court this afternoon.
Why? So you can tell the jury that he lied? And then this lowlife thug that shot Ernie, he gets a walk? Are you telling me you're not gonna pick this guy up? I'm just telling you I got more pressing business.
That's all.
- You got a minute? - What? Maybe this'll help.
I've been going through the e-mails Mr.
Hernandez gave us.
Appreciate it, Billy, but I'm flying solo.
Elena was in love with Colin's best friend Zach.
Zach never mentioned this in his interviews? No but I have Detective Barry dragging his ass in here as we speak.
- Good.
- Sure.
Good luck with the case.
Desmond.
Thanks.
So you and me, we're okay? Yeah.
Hug it out? Whoa.
I'd rather focus on Zach Rothman's testimony.
That mean I'm back on the case? Yeah.
- Jess, hey.
- Hey, get to it.
I'm running late.
35th is coming up.
You can't take a little time for that? Like that's cause for celebration? Aw, give it a rest.
Dad hasn't had a drink in over a month.
He's really trying, Jess.
And Mom's been happy.
She's singing those show tunes.
It's kind of annoying, actually.
Come on, hardass.
Say yes.
Uh, where is this happy event? I'm gonna set it up at some really nice restaurant.
I'll let you know.
Okay.
You never told me you and Elena had a thing.
- Colin's my best friend.
- Perjury's a felony, Zach.
What's that mean? I means you better tell the truth, or we're gonna throw your ass in jail.
Me and Elena had been hanging out for, like, a week.
But I didn't know Colin was so into her.
I swear to God.
If I knew, I would've stayed away.
Did Colin see you and Elena together that night? Yeah.
He walked in on us.
You know, fooling around.
What did he do? He went into the other room.
Started drinking.
I tried to talk to him, but he freaked.
- Freaked? - He went nuts.
He wanted to fight me.
I'd never seen him like that.
When did he and Elena pair off? About ten minutes later, everybody started playing that stupid choking game.
Elena seemed kind of scared.
But Alyssa talked her into it.
We're gonna need you to testify to all this.
You understand? It was a rhetorical question, Zach.
Oh, - right.
- We'll give you a call.
- Let you know when to show up.
- Right I'll set up a Sandoval hearing to admit Zach's testimony.
No, don't.
This judge'll never let him testify if we ask outright for it.
Right.
Fastball on the outside corner.
The ump doesn't like you.
It's a ball.
- So you do listen to what I say, huh? - Sometimes.
So what do we do? Colin's always been an exceptionally bright boy.
Excelled in everything he did.
Academics.
Sports.
Would you consider him disruptive or angry? Objection.
Leading.
Overruled.
No, quite the opposite.
Colin approached everything in his life with a positive, upbeat attitude.
- He was very peaceful.
- Thank you.
Nothing further.
Prosecution.
The People have nothing for the witness at this time.
Any further witnesses, Mr.
Lohman? Defense rests, Your Honor.
At this time the People would like to call a rebuttal witness to refute the testimony of Headmaster Reynolds.
Approach.
- Who's this witness, Mr.
Steele? - Your Honor, Zach Rothman was present the night of the murder and will testify to the defendant's hostile feelings toward the victim.
This is a last ditch attempt to circumvent the prior ruling pertaining to motive.
I agree.
Headmaster Reynolds put the defendant's character at question by characterizing him as "peaceful.
" I have information that refutes the witness' testimony.
Here are five cases directly on point.
I'll allow the witness.
But you better stay on course, or I'm throwing him out.
The People call Zach Rothman.
I love him.
I love him.
I love that man.
I fell in love with his voice and what he said.
It's my fate.
It's my destiny to love him.
And he loves me.
Isn't it all terrible? Or is it wonderful? Scene.
A commendable effort, Ms.
Fin.
A commendable effort.
Mr.
Potter, you're up.
Um, I don't feel so hot today.
Well, then I guess you'll be joining us next week, because I won't be signing your CLE form today.
Uh, this is Hamlet by William Shakespeare.
Oh, what a rogue and peasant slave am I.
Is it not monstrous that this player here, but in a fiction, in a dream of passion-- Oh, come on, Mr.
Potter.
Hamlet is trying to muster up the courage to avenge his father's murder.
Give us some trepidation.
A little fear, perhaps.
Am I a coward? Who calls me villain? Breaks my pate across? Plucks off my beard and blows it in my face? What are you protecting in there? Break down those walls.
Bloody, bawdy villain.
Remorseless, treacherous, lecherous, kindless villain.
Oh, vengeance.
Why, what an ass am I? Mr.
Potter, show us your fears.
Gut-wrenching, heart-palpitating fears.
Do you have any idea what that's like? Hamlet knew fear.
Make me know fear.
You want to know fear? Real fear? Like staring down the barrel of a nine millimeter wondering if the son of a bitch is gonna pull the trigger and blow your brains all over your new suit.
Picturing the bullet piercing your skull.
Your own funeral.
Your mother wailing.
Is that the kind of fear you're looking for? So you never really saw my client shoot anybody, did you? No, no, no.
I saw him shoot that cop.
I saw the whole thing - from across the street.
- Now you say you were across the street.
Before, you said he ran right past you.
Which is it? I was across the street.
I just came out of the OTB.
I saw him looking through the window of the bodega.
But if you were across the street, how could you have identified his face? I didn't see his face.
But I would recognize those yellow Puma Clydes anywhere.
So you have no idea who shot Officer Marks.
Is that what you're saying? What I'm saying is I saw Jakes in his Clydes lean up against the glass and look through the window.
Now he waited for that cop to come out, and then he shot him.
Thank you.
I think we've all heard enough stories from you, Mr.
Villanueva .
uh Your Honor, based on new information that has surfaced, I'd like to ask for adjournment to consult with an expert witness.
Court will adjourn until 3:00.
We'll hear from any final witnesses then.
Cowher.
Detective! - What the hell do you want? - Your help.
The window from the shooting's still in evidence, right? Forget it.
You heard Sonny.
The defendant put his hand up to the glass.
If we dust it-- I heard what Sonny said the first time.
But you decided he was lying, remember? Sonny's new testimony is better than the lie.
Help me.
So that was all just talk, right? About stepping up when one of yours gets shot? 'Cause it seems to me you're more interested in playing tough guy than getting a guilty verdict.
You watch your mouth, you little prick.
Are you gonna play badass? Or are you gonna help me bury the guy who shot Ernie Marks? Yeah, Colin was pissed off.
Thought I'd broken some guy code or something, 'cause I was fooling around with Elena.
Did he get physical with you? He pushed me.
Took a swing.
Approximately what time did you and Colin have this altercation? I don't know.
Maybe 11:30.
Roughly 40 minutes before the 911 call came in that Elena Hernandez had stopped breathing.
- Objection.
Is there a question? - Sustained.
Zach, what did you say to the defendant when he accused you of hitting on Elena Hernandez? I told him I didn't know he liked her.
Did he say anything else? - He called her a whore.
- Objection.
- Sustained.
- After you and Colin argued, where did he go? - Into the maid's room.
- The maid's room.
Where Elena Hernandez would be strangled to death less than an hour later.
That's it, Mr.
Steele.
You're done with this witness.
What the hell do you think you're doing, Steele? Excuse me? I've been a judge for 20 years, and you got the balls to talk over me? Ignore my rulings in front of the jury? I'm not ignoring-- I told you this is not a murder case, but you-- Because that's what I believe.
You really want to send a decent kid to prison for life, because he asked a girl to the prom and she said no? - There is more to this case-- - It's a tragic, horrible accident.
Maybe he pressed too hard.
Maybe he was jealous.
But for God's sake, Steele Where's the depraved indifference, the intent? Let's resolve this case and let Colin Brody get on with his life.
Unfortunately, Elena Hernandez can't get on with hers.
Tell me how ruining Brody's life changes that.
It's called punishment.
This kid's nightmares will be punishment enough.
I want you to plead this out to Negligent Homicide today.
- I'll give him one to three.
- We've already been over this.
I can't do that.
Where the hell are you going? To my office.
I want to prepare my closing argument.
What? Nothing.
You just really tapped into something raw there.
What are you, Master Thespian now? Hey, Winston told me I had real potential.
- I wouldn't quit your day job.
- Very funny.
Look, the thing is when I got mugged, I just tried to keep it all inside, you know? Act like it was no big deal.
Smile and move on.
- Did they ever catch the guy? - Yeah.
Yeah, a few days after it happened.
They did? I had no idea.
That's great.
- Not exactly.
- What do you mean? I I let the guy walk from a lineup.
Were you sure it was him? Yeah, yeah, it's-- I don't know.
I wanted to point him out, but-- I guess I was afraid.
Well, it's not easy, Nick, to put yourself out there like that.
But I'm ready now to ID him.
I just needed some time.
I'd just leave it alone.
No need to go down that road again.
I can't let this guy get away with what he did to me.
- But I already did, huh? - Yeah, unfortunately.
Can you tell us what caused this hole in the window? It was a bullet.
And was the spent round recovered from inside the bodega? Yes.
And that bullet matched the striations on the other two bullets recovered from Officer Marks during surgery.
So all three bullets were fired from the same nine millimeter weapon.
Correct.
Did you find anything else when you dusted the window? We found a right palm print.
- From this part of the hand? - Correct.
The same part that would be used to peer through a window? Objection.
Foundation.
Withdrawn.
What did you find when you compared the palm print with that of the defendant's? It was a perfect match.
Thank you.
No further questions, Your Honor.
It may sound trivial to you and me, but to a high school student, there is nothing more painful than being rejected.
Now, most kids get over it.
They move on.
They find other crushes.
But not Colin Brody.
Colin Brody was different.
He waited for just the right moment.
And when he had his chance, he put his hands on Elena Hernandez's neck.
And he squeezed.
And he kept squeezing.
He squeezed so hard that he crushed the hyoid bone in her neck.
And that's when the game stopped being fun.
That's when it became murder.
- Thanks.
- Hey.
Dinner tonight? You can either help me celebrate or help me drown my sorrows.
I got a thing.
- Family obligation.
- Ahh.
That's right behind, "My friend from college is in town.
" If I was blowing you off, I'd just say, "I'm blowing you off.
" Good point.
Maybe we can hook up after? Family functions don't usually leave me in a very good mood.
Aye.
Good luck on your verdict.
- Ladies and gentlemen, have you reached a verdict? - We have.
What say you? To the charge of murder in the second degree, we find the defendant, Colin Brody, guilty.
Thank you, ladies and gentlemen of the jury.
You're excused.
Thank you for everything.
What's going on? I thought we-- Congratulations, Mr.
Steele.
Your tenacity was inspiring.
Thank you.
I'm reducing the charge.
- Come again? I'm allowing the defendant's 3-30-30 motion and setting aside the verdict.
What? The conviction will stand on the lesser charge of Negligent Homicide.
I'm sentencing Colin Brody to two years probation.
Probation.
Thank you, Your Honor.
It's a fair result.
Colin Brody murdered that girl.
The jury just voted to convict.
Who are you to tell them that they're wrong? With all due respect, Mr.
Steele, you won on your argument.
Now I win on my opinion.
You pulled that one out of your ass, huh, kid? A guilty verdict's a guilty verdict.
Doesn't matter where it comes from.
I'm sorry about all the drama here, Ernie.
Couldn't help it.
I was never gonna let that lowlife get away with shooting you.
Never.
You gotta know that.
Come on.
What can I say? Guess you got lucky.
It's not about me.
It's about that punk doing time.
But I guess you guys forgot about that.
Checked over at Uncle Jeff's.
He said the game ended an hour ago.
I'm sure he just got caught in traffic.
You know what, Mom? Why don't you go ahead and open your gift? - Oh, I should wait for your father.
- No, he'd want you to.
Oh, it's such a pretty shade, isn't it? Oh, it's--it's-- it's too much.
It's beautiful.
Try it on.
- Your father really bought this? - Absolutely.
You kids have places to go tonight.
Let's go ahead and order.
Your dad will show up soon.
- Jim, what are you-- - The judge reduced the charge, George.
The kid's walking.
I didn't want you to read about it in the paper.
A judge can do that? After you won the case fair and square? Unfortunately, he can.
- Why on earth would the bastard do something like this? - Because he's a bastard.
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