Law & Order (1990) s01e18 Episode Script

Narrator:.
In the criminal justice system, the people are represented by two separate yet equally important groups- the police who investigate crime, and the district attorneys who prosecute the offenders.
These are their stories.
I ' m gonna take all your teddy bears, man.
You're gonna need a lot more.
Let's see.
Ahhh! Uno mas, man.
Uno mas.
Come on, man.
How many teddy bears you need, huh? Come on, payaso.
Let me tell you something.
You play your little games, I want my paper.
You give me my money, hear? Ohhh, Hector, chill out.
Don't worry, you're gonna get paid.
Don't worry about it.
I don't want to chill out.
I want my money.
Ahhh! Hey, payaso, this is fixed, man.
I was your age, I thought about two things all the time.
women and Money.
Nowwhat do you think about? Money and women.
Cop: I don't quit now, I'm working for half pay.
How do you figure? I got 20 years in, I retire, I get half my paycheck.
I work, all I'm working for is the other half.
Retire to Hawaii, with my pension, I live like a king.
But you'll still be a fat cop.
whoa! Cop: Come on, people.
Move, move! Man #1: What's going on? Man #2: I don't know.
Cop: Move it.
Move.
Aw, Jeez.
Okay! who saw the shooting? You? Nada.
Yo no he visto nada.
Anybody seen who shot this guy? You happened to be in front, but didn't see a thing? It was bang, bang, bang.
By the time I got there, it was just him on the ground.
It's very dark.
It's very dark out here.
Excuse me.
Let's go play.
we're batting 1000.
All our witnesses are deaf, dumb and blind.
what'd I tell you? The guy didn't really get shot.
whew.
Upstairs- they take a look? Here? A.
38 going off? It's background music for dinner.
An imaginary killing but a real body.
No ID except this.
He's a dealer, no wonder no one's talking.
Damn it, where did that come from? was it in his hand or in the waistband? Investigator:.
I didn't see.
Terrific.
Not fired.
what do you call that? A lesson.
Pay for your drugs or we'll kill you.
This is personal.
And this is trouble in court.
The waist, the hand- what's the difference? He's shot in the back and in the crotch.
Chicken or egg, which came first? That's important? Just wait.
Your victim- lovely guy.
Urbano, Jose, robbery, rape at 15, year in Spofford, assaults, two narcotics felonies, three stops at Attica.
what?! No homicides? Max: Get this - no witnesses.
Nothing? They don't want an arrest.
The carny operator- he says a guy gave Urbano money.
About six feet tall with a moustache.
He ought to come walking in any minute.
You sure this isn't about drugs? It doesn't play that way- not four in the crotch.
That's sexual.
Okay, I give up why? Urbano had six months more parole.
Find out who his business was.
You know- like an investigation.
Man: The slugs are from a Glock.
Logan: Awfully expensive automatic for the barrio.
This one, real crisp rifling on all the slugs.
Must be almost brand new.
Run a check anyhow, huh? See if you can find a match.
May he rest in peace, but on the scale of living things, our friend Jose is just a couple of steps up from the snail.
what's wrong with me? All I see is the dark side of people.
was Urbano still dealing? Ah, the charming Jose, new story every week- this job, that job.
Somehow they never worked out.
He swore he was going straight.
You believe him? Oh, absolutely.
All my cons have been rehabilitated by the system.
You got an address? Had a sister, with a kid, lived with her sometimes.
Gave her money.
He wasn't all bad.
The first time Jose went to Attica, I visited him.
Have you ever been there? It doesn't look as bad as on TV.
$100 a week he gave me.
For her.
The night he died, he won her a teddy bear.
where'd he get the money? You with Jose Saturday night when he won the teddy bear? Anita, he was so good to you, you don't care who whacked him? Look, Jose was with Hector Cartagena.
Hector and Jose had been together in Attica.
They argued, I came home.
Argued? About what? A deal.
Hector said Jose shorted him.
And Hector said Jose was no good to his friends.
He was mad, he wanted to kill him.
Business.
Cartagena's got narcotics, arson, larceny, armed robbery, aggravated assault.
Hey, listen, thanks a lot, okay? Paroled from Attica two months ago, lives on 108th Street.
Let's go get a warrant.
I don't want to see this guy without backup.
Backup? I don't want to see him without nuclear weapons.
This isn't going to give easy.
Man: Yeah? Who is it? ConEd- gas leak.
Police! Get over there! All right, all right! Get your hands up! Come on, I'm chilled.
You're under arrest for the murder of Jose Urbano.
I no kill nobody, man.
You have the right to remain silent and refuse to answer any questions.
Do you understand that? Anita says you wanted to kill Jose.
You believe that- Look, use your head.
why would I do it, huh? I kill him, I don't get the paper he owe me, all right? Mucho dinero, okay? You visit anyone besides Jose last night? That's right, Hector, come up with an alibi.
That's what you're supposed to do now.
I went home- solo.
You understand? Yeah.
Did you lose the Glock on the way? Look not my style, okay? Never like automatic weapons.
Can openers- j j jamming on you all the time, you know.
You better hope we don't find that can opener on the street.
Huh? Oh, yeah? And what you gonna do? You and your compadre here, huh? You gonna prove it's mine? Come on, you wastin' my time.
Can I go now, all right? You can go home, sure.
Right back to Attica.
Attica, my ass, man.
Your ass is grass, hombre.
You're on parole.
You can't hang with felons.
Even dead ones.
Max: Yeah, right.
Get this - good old Hector swears we didn't Mirandize him.
Not so dumb, this Hector, huh? Smart enough to know we couldn't tie him to the gun, but stupid enough to say he was going to waste Jose in front of Jose's sister? Plus, he crawled out of the same sewer as the late Jose.
No way the neighborhood's going to protect him.
He didn't do it.
No.
You got the file? The carny operator- what's his name, Harmon? The one that described Hector? Let's walk him down memory lane again.
what do you want from me, huh? I'm watching the till.
The drug dealer's done shooting, I'm on to the next.
whoa, how do you know he's a drug dealer? $2,000 bucks in clothes on his back, couple of gold rings.
You really care who killed this guy? I mean, come on, he's scum.
wait a minute, you think he's scum, I think he's scum, but he had a sister who needed him, and a six-year-old niece who thinks he's Mr.
Rogers.
This probably has nothing to do with it, but the kid from the church? The girl? which girl is this? The one I paid my fee to.
Pretty kid- Alicia.
She comes by, checks, makes sure everything's okay, then she's talking to the drug dealer- what's his name there- Jose? About what? Why, you think I'd listen? She was hanging on the guy, like she was trying to pick him up.
Max: Alicia, the carny operator says you talked to Urbano at the fair! At a fair? I talk to a lot of people.
The way we heard it is you dragged him off into the crowd.
And he never came back.
Just like a roach motel.
He checked in, but he didn't check out.
Eh, and it's a good thing.
Cockroaches should be dead! Innocent people get hurt, you don't come up here so quick.
Innocent people? what was Urbano guilty of? Priest: Look, enough.
I've heard of Urbano.
He's a drug dealer.
They kill each other, fine.
we're better off.
Strange thing for a priest to say.
Strange times to be a priest.
Send in a couple of Puerto Rican cops, maybe they can open this up.
You been reading a different duty roster, Max? I got Puerto Rican detectives I haven't noticed? The priest- he knows where Alicia was.
Rivers, Alicia, one misdemeanor, smoking weed.
You know, when I was a kid, I put a baseball through a windshield- I was shaking before they started asking me questions.
This chick, she did Urbano, I'd like to knowwhat she takes for her nerves.
A kid with no record.
She didn't get a 9mm and shoot a drug dealer, that's for sure.
Cragen.
Uh-huh.
Thank you.
Hurley in ballistics.
Your Glock- not used in any other shooting.
Hey, I went back a year.
You want to go back two, three? I'd love the overtime.
who's gonna pay? Go back two years, and while you're at it, see if you can access the license division files on your computer.
why? why?! Because let's see if anybody connected to this thing has a gun license, okay? Right.
Then we'll check lottery winners.
well, I'm just a cock-eyed optimist.
Max, Torres the priest, what's his first name? A priest? Uh-huh.
Roberto.
Nope.
Put up Rivers.
See if you got one within "Rivers, Anna.
registered owner of a 9mm Glock semi-automatic.
Yes! My gun? They stole it.
Is that right? when? A couple of weeks ago.
They broke in.
Law says if a gun is stolen, you have to report it.
Did you? why bother? would you have investigated? Or written a piece of paper on it? Look, the gun was licensed! And it was stolen, you want me to prove it wasn't? She goes to all the trouble of getting it licensed, but when her gun is stolen, she doesn't replace it.
I don't understand.
Next time she goes to the bank deposit, what's she gonna do? Look, somebody killed a man with a 9mm Glock just like yours.
We find out it was the same gun, we're gonna wonder why you didn't report a burglary.
Your granddaughter, Alicia, was she here the night of the burglary? The night your gun got stolen? No, she wasn't.
Logan: Hey, folks, folks.
You know the Rivers family? Nope! Seen Alicia tonight? Now you come? Three day later, you want to know where she is? She's at Central Harlem Hospital.
what, Alicia's hurt? No, not Alicia! Her sister.
what are you guys doing here? Hey, we're looking for Alicia.
Lucy got beat up, not Alicia.
Six gunshots, four stabbings, a baby who almost starved to death- slow night.
You got a patient named Rivers? Lucy Rivers?! what the hell's the matter with you cops? Just 'cause she couldn't talk the first night, you never come back? Somebody tumed that girl into mashed potatoes.
was she raped? She said she was mugged.
Family honor.
You didn't administer a rape kit? I told you- she said she wasn't raped! I told the grandmother, the boyfriend, I told the damn priest, "The girl's going to need help to get over this.
" They say, "Patch her up, and get her home.
" Uh, the priest who was with her- his name Torres? Is this nursery school? I took roll call? You fight with him.
Lucy can't remember anything.
That's why we told the cops not to come back.
we're sorry about your girlfriend, but we have to talk to her sister, Alicia.
Alicia? why? Is she around, Nicky? Yeah, she's um she's downstairs.
She's coming back.
You go to the church fair on Saturday night? Nah, nah.
I was here all night with Lucy.
You're a little late to help my sister.
You didn't mention that she was hurt.
You were worried about a drug dealer.
Logan: So, Nicky, if we ask the nurses if you were around Saturday night, they'll say yes, right? He came to the fair for an hour.
No, I was going to go- I stayed here.
You never heard of Jose Urbano, right? Somebody shot him.
That's all I've heard.
All I've heard is that you've been in two places at the same time Saturday night.
Come on, Nicky, let's sit with Lucy.
Dr.
Weiss, please check your beeper.
Dr.
Weiss, please check your beeper.
You know what we have here? Exactly what we had two weeks ago- squat.
It's like the Bible.
Oh? The Gospels - four guys that are telling the same story except each one of them's different.
"Nicky was at the church.
" "No, he was at the hospital.
" "The gun was stolen.
" "No, it wasn't.
" "The sister was raped.
" "Naw, she's just beat up.
" "Alicia lured Urbano away.
" "Alicia didn't kill Urbano.
" The only thing that makes sense is that Urbano raped Lucy, and Guzman shot him.
Pure revenge.
Guzman, Nicky.
Couple of juveniles, shoplifting.
No guns, no felonies.
Max: Even if the kid did it, we got a hole the size of Tulsa.
Like, why did Urbano rape Nicky's girlfriend? A guy like Urbano needs a motive for rape? what about the vic? You talked to her yet? Hard to get her alone.
Go after visiting hours.
Can you tell us what happened? A man - he took my purse, I didn't see him.
where'd this happen, Lucy? That's a bright corner.
You didn't get a look at his face? No Lucy, do you knowwho Jose Urbano was? He's from around the neighborhood, I guess.
was it Jose Urbano who attacked you? when Mr.
Urbano takes a purse, he does a lot of damage.
You find anybody who heard what was going on? Mm-hmm.
Julia Reyes.
She was born here, but she knows the language.
Julia, honey, in case you don't recognize these suits, these men are cops.
Sergeant Greevey, Detective Logan.
You were on duty when Lucy Rivers was brought in? That night, the next day.
what was all the yelling about? Uh I didn't hear all of it.
The sister and the boyfriend- they were so upset.
The boyfriend kept yelling, "How could he do it?" what about the priest Torres? You know him? we pray at his church sometimes.
Julia: Down at the soda machine, he took the boyfriend aside.
He was yelling at him, saying, "God would not forgive them.
" Torres: This isn't Nazi Germany! You can't act like stormtroopers - terrorizing my parishioners! Accusing them of crimes! You're not playing it straight with us, Father.
A nurse overheard your conversation with Nicky.
Knowing the streets the way you do, Father, you probably know the law, right? Cover up a crime, that's a crime, too.
Oh, you care so much about crime? They left a body in my church last year- dead on the altar! They do that in your church? In my church, two kids don't plan a murder in front of their priest! The law considers that accessory and conspiracy.
You have something to tell us? They say confession's good for the soul.
why don't you just forget about this? H- how many murders you have never get solved? why don't you just let this be one of them? I'm waiting for offers.
Two weeks, all expenses paid in downtown Altoona.
what've you got? The Glock, Mrs.
Rivers'.
in a fight in her club, she winged a guy.
And it matches the slugs in Urbano.
Ha! It's a lot of maybes.
Max: You got motive, the gun, the priest, the girl leading Urbano out of the church.
what did Torres say? Loosely translated? Go to hell.
Tough to sell.
Cragen: You don't arrest somebody now, then kiss it goodbye.
The memory lapses these guys are getting, two weeks, nobody's going to remember Urbano's name.
The Guzman kid? He's got my vote, but enough for an arrest, no.
The girl's an adult.
Get her a Legal Aid lawyer, scare the hell out of her, she'll roll.
Pick her up.
Are you here to apologize this time? Alicia Rivers, you're under arrest for the murder of Jose Urbano.
what?! You have the right to remain silent and refuse to answer questions.
Understand? This is wrong! Anything you do say may be used against you in a court of law.
Do you understand? You're entitled to an attorney Bailiff: The charges are murder in the second degree and conspiracy in the first degree.
Are the defendants ready to enter a plea? Not guilty.
Your Honor, the District Attorney has outdone himself.
we respectfully submit that the charges are so inflated- I get the message, Ms.
Green.
Do you want to address the bail issues? They're simple.
No record, no resources, no risk of flight.
we don't get much alliteration, Ms.
Green, thank you.
Mr.
Robinette? Your Honor, the murder charged here is particularly vicious.
In addition, the defendant has relatives in the commonwealth of Puerto Rico, and the risk of flight is not negligible.
the people request substantial bail.
Your Honor, you know what bail means.
It means Alicia Rivers stays in jail because she is poor.
If you don't see- Please, Ms.
Green.
I have heard your Legal Aid Society dinner speech, I'm sympathetic, but one's own recognizance in a homicide, I'm sorry.
Bail is set for the defendant at $100,000.
A three-legged table would stand up better in court than your case.
Not to mention the fact that if she lived on Park Avenue, you wouldn't have filed.
wait a minute.
what do minorities complain about? They kill whites, they get prosecuted.
They kill each other, the system doesn't care.
I never realized that passions about minorities ran so high in this office.
Next time you care so much, pick a case you can win.
we always care when we have a criminal conspiracy.
who said that when the links rattle, they're probably in a chain? Ahhh the light dawns.
You're after the boy.
You're looking for a deal- You put a young girl through the indignity of jail for no other reason but to force her to talk! If she's protecting somebody, it is not in her interest to refuse.
How could I refuse when you didn't offer? But don't bother - the way I read the penal law, j conspiracy means people have to agree to commit a crime.
You can't prove Nicky and Alicia agreed on the time of day.
This case is about revenge, and the last time I looked that is not a valid criminal defense.
we have evidence that will prove your client conspired to commit murder.
Really? You have so much evidence, you're accusing her of conspiring with someone who isn't even charged.
want some advice on this one, gentlemen? Cut your losses.
You're going to end up feasting on crow.
Ms.
Green has a point.
No, Alicia walked him out, the grandmother's gun killed Urbano.
If I had to win on conspiracy, I would, but I want the Guzman kid for murder.
You moved on the girl too soon.
would you like to ramrod this case? Your ability to forget people's skin color is admirable.
Unfortunately, if we lose, white people think the Puerto Ricans get away with murder.
And if you don't get the Guzman boy, it looks like selective prosecution.
And if we drop it? we have a clearcut case of revenge, and there's daily obstruction.
Girl raped, her sister on trial, Shambala Green with a jury? She'll milk them till they moo.
You see a winner? The girl's tied to the victim and the gun.
If Judge Markham doesn't dismiss.
The whole thing is circumstantial.
The girl works for a priest, no less.
To a jury, she's practically got a halo.
Do you have any helpful suggestions? Get the priest to talk.
And try the grandmother, too.
Thank you.
Cops! A lot of good they do us in this neighborhood.
Is that why you didn't call them when your gun was stolen? Your gun your granddaughter and no report of a break-in.
Ms.
Rivers do you knowwhat women's prisons are like? It's not going to happen.
Everybody says so.
Everybody? You mean Father Torres? I talked to Shambala, the lawyer.
Ms.
Green is a Legal Aid lawyer.
Legal Aid loses The District Attorney wins 2/3.
Do you want to gamble with Ms.
Green? Your granddaughter Lucy is in the hospital.
Alicia's in jail.
witnesses will place Alicia with the victim.
Ballistics experts will testify your gun was used.
A nurse will testify she heard Father Torres warning Alicia and Nicky.
when Alicia gets out of jail, I hope Father Torres and Ms.
Green are waiting for her.
Look, you're trying to push me around.
No I'm trying to help you and your granddaughter.
And she doesn't go to prison? I can't promise that, but if there is any time, it'll be minimal.
Time forthe truth to come out.
You got a car? Green: Anna, you have to listen to me.
I told you about this.
They will try any trick in the book! This is my trick.
Cop: Green for Alicia Rivers! Alicia, how are you, baby? I'm okay.
Your grandmother wants me to tell them.
Shut up! Shut up! What is this, huh? Grandma, no! Stop! Alicia, you want me to tell them?! Are you going to let her die in jail?! Urbano raped Lucy.
Nicky killed him.
Bailiff: The charge is murder in the second degree.
Your Honor, may we approach? what's the problem? we haven't even gotten to bail yet.
Ms.
Green represents a defendant to be tried jointly with Mr.
Guzman.
Clear conflict of interests.
Mmm, now I get why this was assigned to me.
It's the same case as the girl's.
Green: Yes, it is, Your Honor, but I don't see any conflict- Please, Ms.
Green, of course there's conflict.
If he wants to roll the girl against Mr.
Guzman here you can't defend both of them.
My clerk read the grand jury minutes.
I was gonna do the girl's trial, but I was considering dismissal sua sponte.
we feel there's a case.
It's a judgment call, Mr.
Robinette.
If you want to go back to the grand jury and get better evidence, I'll let you re-present.
In the interest of justice, I'm dismissing on the girl.
we'll let her represent the boy.
Now, let's see if we can get some bail here.
About bail, Your Honor- Please, Ms.
Green, spare me your usual sanctimonies.
I'm not in the mood.
Okay? Now, does the defendant wish to enter a plea? Not guilty, Your Honor.
Bail $200,000.
Short date.
I'm going for temporary insanity.
Yours or your client's? Murder two?! He was not going to kill the guy.
He just wanted to talk.
Seven shots from a semi-automatic- what language is that? I'll interpret for the jury.
He was enraged.
He didn't know what the hell he was doing.
The sister was in the hospital on wednesday, the shooting happened on Saturday.
He was insane for three whole days? In a moment of normal, excusable, and acceptable rage after his fiancee was raped.
This is a nice-looking kid, very appealing.
I believe the jury will identify with him, and the press will crucify you.
Let's discuss reckless endangerment.
Oh, please! He endangered a man's life with seven shots? My dictionary calls that more than endangering.
Manslaughter one, he does three years.
Manslaughter two, he does a year on a farm, he sees a shrink.
No deal.
You're really going to push this aren't you? All the way.
This is a good kid.
A role model for minority youth - "You got a problem, you put seven shots into him.
" A drug dealer and a rapist?! what are you telling me? The proper compensation for a human life is one year? what's next? A retarded petty thief- you do a year and a half.
Unarmed burglar- two years.
A white Anglo-Saxon Protestant- The commandment says "Thou shalt not kill.
" It does not say "Thou shalt not kill nice people"! The boy's girlfriend raped, and beaten to a pulp.
You won't find 12 people who'll convict him of criminal possession of a weapon.
Fine, you take the plea and the press conference, too.
You got a suit of armor and a white charger waiting outside? The boy is not a cold-blooded killer.
where does it stop? Do we write a revenge exception to the penal law?.
First Green, now you.
I must be way behind the curve of judicial thinking.
I'm not saying let him go- plead him.
Have him do a couple of years and let's get it off our plate.
we take a plea- it's an order.
Forget it.
what? I was just coming to tell you.
we're getting visitors from another planet.
Green resigned.
There's new counsel.
Resigned? In favor of who? A showboat from Dallas, Chet Burton.
Flew in this morning.
He's taking it no fee.
And yes, I checked - he's admitted to the New York Bar.
You're a fine lawyer, Mr.
Stone.
I heard a whole lot about you.
Thank you, sir.
I've read a great deal about you.
I'm afraid you severely misunderstand this case.
How so? According to his culture, Nicky Guzman did the right thing.
See, most first-generation immigrant neighborhoods- somebody rapes your woman, you go get a gun.
Ah, well, up here in New York, you go get a warrant for arrest.
I'd like to remind you that we have a witness who heard the boy plan the murder.
My motion, Mr.
Stone.
Start with People v.
Gates, the New York Court of Appeals on priest-penitent privilege.
I don't think Father Torres will ever spend any time on the witness stand.
You know, my whole life as a lawyer, you know how many criminal cases I've lost? Zero.
Zip.
Not a one.
Oh, really? well this is not Texas, sir.
If I were you, I wouldn't be too sure of that.
Burton: Howdy, Mr.
Stone! A new day, j a newvoice, what will tomorrow bring? I get up some mornings, I just naturally hear my pappy's twang in my head.
what are you dressed for, a rodeo? Yep, legal bull-ridin'.
Excuse me, one question? Shoot.
How did you find out about this case? It was only on page seven in the New York papers.
I hadn't heard a word about it until Nicky's lawyer called me Ms.
Green? Oh, right.
I see.
Said you needed to be taught a lesson.
what's in it for you? I have saved many rich folks from unjust incarceration.
As much as I am able, I plan to give the poor the same consideration.
Stone: Mrs.
Rivers, you told police that your gun was stolen in a burglary.
Is that true? No.
when did you first notice that the gun was missing? On Saturday night.
The night Mr.
Urbano was killed? Yes.
was Nicky Guzman at your club that night? Yes.
Had you ever shown him where you kept your gun? He knew it was in the cash drawer, under the register.
Thank you.
No further questions.
Nicky said he wanted to fight Urbano, to teach him a lesson.
Did he show you the gun he was carrying? Yes.
But he said he only wanted a fistfight? Objection, asked and answered.
Sustained.
Your witness.
Ms.
Rivers, on the morning after- Mr.
Urbano was shot, did you go to church with Nicky Guzman? Yes.
Did Mr.
Guzman take confession that morning? Yes.
Now, about this cocaine dealer who was shot- Objection! Characterization.
Sustained.
Ms.
Rivers, did you have a personal relationship with Jose Urbano? Objection, relevance.
Overruled.
I'll let it go, Mr.
Burton, but watch your step.
The witness will answer.
Jose tried to sell me crack.
Objection! The victim is not on trial here.
Sustained.
The jury will disregard the answer.
Mr.
Burton, you will confine yourself to events.
Ms.
Rivers, were you aware that Jose Urbano was known to carry a gun at all times? Stone: Your Honor.
You are straining my goodwill, Mr.
Burton.
Since I cannot ask any questions about the sainted Senor Urbano, I have no further questions of this witness.
Manslaughter two.
In this state, Mr.
Stone, what can you get for that? Mr.
Guzman does two years.
He doesn't do two seconds.
Criminally negligent homicide, and you put him in a program where he gets his head candled.
It was an accident? The gun went off by itself seven times? You knowwhat a "bubba" is? Up here you call them rednecks.
where I come from, all the men got shotguns in their pickups, and a can of beer in their hand.
My shotgun stays in the house and I drink California cabernet, but in my heart, I'm still a "bubba.
" That's why there's no plea unless the boy does no time.
The "boy" put seven holes in somebody.
Somebody? Drug-dealing rapist scum.
Most towns in Texas, the kid'd get a medal.
You may not like my style, Mr.
Stone, but this I believe- you don't put people in prison for defending their loved ones.
Defending or avenging? I'll let the jury split that hair.
You're due in chambers at 2:00.
Markham wants to talk about the priest.
Burton: You can't allow it! If he testifies, you destroy the sanctity of the priest-penitent relationship.
If he's not acting as a spiritual advisor, if it's not confession, there's no privilege.
For God's sake, he was at the hospital as a priest.
Did he wear a collar? Yes! Did he minister to his flock? Yes! Unfortunately, Alicia Rivers called the priest, not your client.
Personally, I have a very hard time believing that he fell to his knees in the ICU and mistook it for a confessional.
I've made a decision.
Torres will testify.
And while I'm about it, do you good to remember this is New York- not Texas.
Permission to treat this witness as hostile, Your Honor? Granted.
Did Lucy Rivers tell you that she had been raped? Counselor? I have no problem with the question, Your Honor.
Yes, she told me she had been raped.
Did she tell you she'd been raped by Jose Urbano? Yes.
And did the defendant tell you that he was planning on killing Jose Urbano because he had raped Lucy Rivers? He said he was gonna get a gun.
when you left the hospital with Nicky that night, what did he do on the way out? He put his fist through a plate-glass window- a phone booth- but he was very angry.
Thank you.
No further questions, Your Honor.
Father Torres, please, tell the court about your relationship with Nicky Guzman and Lucy Rivers.
They're engaged to be married, and they're in my counseling class for new couples.
Now, in your experience with members of your parish how serious is the crime of rape? There's a sense of terrible shame.
It's like you're a lawyer and your son is a thief.
The woman is shamed, the husband is shamed, the whole family.
In a way, they've taken more than her own life.
Let's get back to the window.
You ever put your fist through a plate glass window.
Objection, Your Honor, relevance.
we're talking about plate glass windows.
I'd like to know more on the subject.
I'll allow it.
You may answer the question.
Torres: When I was in the Marines, before I became a priest, I got drunk on leave, and I busted a couple of windows, yes.
You ever kill anybody? Your Honor.
Mr.
Burton! No, I haven't.
You think most people that break windows end up killing someone? Objection! Sustained.
Mr.
Burton, you will not ask for conclusions in this courtroom.
The jury will disregard the last remark.
And you will play by the rules here or you'll be in trouble.
The gun was on the ground, not near his hand? That's correct.
It was directly under his waist.
It probably fell- Burton: Objection.
The detective is supposin' and concludin'.
Sustained.
Had the gun been fired? No.
was there any evidence that the victim attempted to fire the gun? None.
Your witness.
This gun, Detective, were Mr.
Urbano's fingerprints on it? It was his gun, so Any other prints on it? No.
So this gun was not in his pants, it was out, is that correct? Yes.
So Mr.
Urbano could've drawn his weapon and been shot by somebody defending himself, isn't that possible? Objection.
That's ridiculous.
Sustained.
But isn't it possible? Mr.
Burton! Excuse me, Your Honor.
No more questions.
A seed of doubt- sounds like self-defense.
Mr.
Stone, the Spanish loverboy shooting, detective named Greevey called.
He wants to see you at Rikers.
Greevey: Nunez, Ramon, 21.
Picked up in a sweep.
College student, and a crack addict.
DA to see Nunez.
Had crack on him when they picked him up, asked to see a homicide detective.
Lawyer:.
No information without a deal.
I have to get out of this.
I have a conviction, I'll lose my scholarship.
If he has something we can use criminal possession five- Six- I want a misdemeanor.
Depends on what he has to say.
Nicky Guzman sold me crack.
Nicky's a dealer? I haven't seen him for four, five months, but I bought from him all the time last spring.
Urbano's his supplier, he came with him to school one day.
we have a deal, Stone? Yeah.
Urbano and Nicky being drug dealers explains everything.
Bull! Nicky hadn't seen Urbano in four months, and he stopped having anything to do with drugs when he got engaged.
Your Honor, even arguing that this was intentional murder- and I'm not saying it was- it's about revenge.
You call that boy a drug dealer, they'll convict him on that alone.
Doesn't prove anything, Ben.
Even I find it prejudicial.
I don't see why.
It's relevant as to motive.
People v.
Molineaux.
Urbano raped Lucy Rivers because her boyfriend quit working for him.
This is ridiculous! It's like pimps with their prostitutes.
It's not a job they allow street dealers to walk away from.
Drug dealing is the underlying cause of this murder.
That's your opinion, Ben.
The defendant has no record of drug offense, plus your witness is suspect.
You made a deal for his testimony.
Let the jury decide.
Allow the testimony, then instruct them to disregard?! You know as well as I do - Put some ice on it, Mr.
Burton.
I don't like you.
I don't like your theatrics in my courtroom.
I may be old-fashioned, but I find them undignified and maybe- unethical.
Remember the watson murder? Killed his wife.
I let some DA sweet-talk me into allowing some improper testimony.
The Court of Appeals reversed it, and Mr.
watson is walking the streets.
If I allow this, and your boy gets convicted, Mr.
Burton'll be in appellate court before I get to bed.
Ben, Burton has junked his list.
His only witness is the dealer who was with Urbano just before he was killed.
Cartagena? He wasn't even there.
I know.
You told police you left the church before the shooting.
why did you lie? I had to.
You know, being on parole, being with a guy like Jose, him being a dealer and all, bad for me.
when Mr.
Urbano left with the girl, did you follow.
No.
I told him not to go, but he put his hand on his pistol and he said he could take care of himself.
was Mr.
Urbano a violent man? Objection, calls for a conclusion.
Sustained.
I'll rephrase.
Did you ever personally see Jose Urbano fire his gun at anybody? New Year's Eve, 1989.
He shot a dealer, Jesus Castillo.
Thank you.
Three days.
The verdict should have been in yesterday at the latest.
I hope you're not here to say you warned me.
You did what you had to do.
You wish I hadn't.
The jury just asked for the statutes on justification for deadly force.
I'm not gonna say it.
what? He told me so.
Has the jury reached a verdict? we have, Your Honor.
On the sole count of the indictment, the charge of murder in the second degree, how does the jury find? Not guilty.
we felt he was a good kid, putting himself through school, Um maybe he meant to kill Urbano How many times have you given me the "You don't win every time" speech? I don't mind losing, Paul.
Could have fooled me.
what I do mind is, knew he was guilty and acquitted him.
They were flim-flammed on the self-defense.
They knew they were being flim-flammed and they still acquitted him and that's frightening.