Raising the Bar (2008) s02e02 Episode Script
Rules of Engagement
RAISING THE BAR -- Season 2 Episode 2 "Rules of engagement" Anybody you know? Not this time.
- How about thursday the 12th? - No.
I'm covering Ventimiglia's calendar all day.
Monday the 23rd? I've already got 16 appearances that day.
How about wednesday the 9th? That's a trial date for me.
- You could plead it.
- You're funny.
How about monday the 28th? Or you could plead this one.
- 'Cause it's convenient? - And you have a crappy case.
So "yes" to the 28th? It's a no-stash, no-cash case That kept my guy in jail for a year already, Michelle.
Reducing the city's crime statistics.
A 20-year max for a $20 deal? That's a year per dollar.
Now you're gonna make me cry.
- How much was your latte? - God, you're irritating.
Is it worth 1,000 days in jail? So, we're good for the 28th? - What month? - Next month.
Lots of time for you to change your mind.
Yeah, you can count on it, too.
See ya.
Who's on the bench, Arvina? Judge Albert Farsnworth.
Just transferred in from Westchester Civil.
Oh, I hate breaking the new horses.
Yeah, well, this one kicks.
His honor's court rules.
Better read fast.
"Motions will be summarily denied unless a courtesy copy has been hand-delivered to chambers"? Oh, no way.
I understand how very much you want me to dismiss these charges, Mr.
Diaz, but wishful thinking lacks legal merit.
Motion denied.
Hey, that's not fair.
- I know you don't think so.
- No, you just don't like me! Well, you're hard to like, Mr.
Diaz.
Gun! Would you put that chair down, please, Mr.
Diaz? I'm putting it down, Judge.
Just be cool.
Oh, I'm cool.
But you're remanded.
Strike the reference to the gun from the record.
Call the next case, Miss Watkins.
Miss Watkins? Yes, sir, will do.
Next case.
Calling number 45 on the calendar People v.
James Madison, 220.
39, Criminal sale of a controlled substance in the third degree.
- You don't think it was loaded? - Ask him.
Michelle Ernhardt for the people, Your Honor.
Jerry Kellerman for the defense, Your Honor.
Just, um, just a consent adjournment, Your Honor.
No.
No? That was not a test of your auditory ability, counselor.
I refer you to rule 9.
That's page one of the court rules.
"There shall be no consent adjournment without prior approval by this court.
" But, your honour, couldn't we petition the court for approval now, - since we're all here? - "Prior" means "prior to the court date," counselor.
Understand that I intend to run this court with all the professionalism of federal court.
Your honor, we're not prepared to start trial this morning.
You're on the calendar.
I haven't notified my witnesses.
That was probably a mistake.
Yeah, we didn't know about your rules, judge.
Since when is ignorance an excuse, counselor? According to the history in front of me, you've had a whole year to prepare Understand that I'm gonna put the "speed" back in the "speedy trial" concept, right, Mr.
Madison? - Uh, yeah, I-I guess.
- Very eloquent.
All right, as a first-time courtesy wednesday, 9:30 sharp.
That's not 9:31.
Thank you, your honor.
Ticktock, ticktock, time's a-wasting, Miss Watkins.
Next case, please.
Number of part 3412.
State against Michael Brocker.
(?) Created by mczolly Well, I'm sorry, gentlemen.
I wish I could, but I'm not allowed to represent both of you.
It's a conflict of interest.
Oh, that's crapola.
- Look, well, we haven't had a conflict since -- - Ruth.
Danny, are you never gonna let go? She was a train wreck for both of us.
Eh, yeah.
The reason you need separate counsel -- Listen, we haven't been separated since the first grade.
- Yeah, didn't work then.
- And it's not gonna work now.
Listen, counselor, have you ever heard of separation anxiety? - Actually, yes, I have.
- well, you see, we're not just brothers -- we're twins, which makes a difference.
- Not identical -- uh, fraternal.
- As if he couldn't tell.
You need separate counsel because if one of you says something that hurts the other -- That happens all day long.
- Aw, you're oversensitive, Danny.
- You have to waive your rights.
- We waive.
- We waive.
- You don't even know what they are.
- It doesn't matter.
You just explain it.
And the two of you are refusing to have separate counsel? - Like I said it before.
- Twice.
I'll need it in writing.
How do you like that? The man doesn't trust us.
Well, who could blame him? Look where we are.
Okay.
You both understand that you're charged with welfare fraud, grand larceny, and forgery? Eh, it's all based on a slight misunderstanding.
We had no idea Sam was dead.
When you wheeled him to the store to cash his check? Well, Sam was always a very quiet man.
It can be hard to get a word in sometimes with Davy, - in case you haven't noticed.
- All right, I'm done.
You talk.
How long had you been friends with Sam? We'd been sharing the apartment for about six years.
Eight.
- We took care of each other.
- Yeah, whatever we had was for all of us.
See how he is? Sam was sundowning, you know.
That's pre-dead -- not quite dead.
We've always been optimists in the Rose family.
You know what they say about denial, counselor.
It's a river in Egypt? Actually, it's not a river in Egypt.
- That's the line.
- Yeah.
It's sad how these gentiles never seem to get the jokes.
Uh, no offense, counselor.
You just have a humor disability.
You see, a lot of them are born with a short funny bone.
- Give him a second chance, Davy.
- Okay, a guy goes to the priest and he says, "Father, "I'm 75 years old, and I'm having a terrific affair with a beautiful college student and her roommate on the side.
" Mendez, Baker, Rose, Rose! And the priest says "How long has it been since your last confession, my son?" - Hey, it's my joke.
I'm doing it.
- Your joke.
So, he says to the priest he says, "father, I've never been to confession.
As a matter of fact, I'm Jewish.
" And the priest says, "you're Jewish? Then why are you telling me all this?" He says, "well, I'm telling everyone.
" I love that joke every time.
Okay, you pass.
Rose, Rose, last call! Now, you you said we could beat it.
I know that's when we had a judge who could actually pass a sanity test.
But I kind of liked him.
- Trust me.
- He took my side, Jerry.
James it's not too late for a plea.
See, t that's what cops count on, man.
They bluff, we fold.
You saw my hoodie, Jerry.
Was it green? No, it was not green.
- Wasn't even close to green.
- I'll go down to the property clerk and check the inventory.
You ain't done that yet? We weren't going to trial yet, James.
So you ain't ready? - That's why you want to push for a plea? - Wednesday morning, I'll be ready.
It's gray, Jerry.
It's a gray hoodie.
That's how innocent people get locked up bad IDS on purpose, by accident It's the same result.
I'll see you Wednesday morning.
They ain't got nothing, Jerry.
Right? They got the cop.
Then you burn him down.
Handcuffed in court like we're a couple of criminals.
I tell you, it's a lack of respect.
When was the last time we got any respect? I think the bus driver.
- That was pity, not respect.
- Can't believe you asked for bail.
- Got to hold the line.
It's a felony, bro.
- Like those old men were a flight risk.
Look, we both knew the judge was gonna ROR them anyway.
All right, now that they've learned their lesson, let's save the city's resources, give them ACDS.
What about restitution? You want to carve off a piece of their social security checks? - These guys are living hand to mouth.
- Yeah, with their hand in the wrong pocket.
- All right, we're not trying the case in the hallway.
- You know, if I didn't have video - There's video? - Mm-Hmm.
Security camera at Redi Cash.
Yeah, disappointing, isn't it? I could make popcorn.
Just play it.
2 1/3 to 7? - Not a river in Egypt.
- So I've heard.
All right, I'll come down to five years' probation and restitution.
On their good looks? You know a felony conviction could end their benefits.
Something they should have considered before they forged a dead man's signature.
They agreed to share their resources.
They held a pen in a corpse's hand, Richie.
Probation and restitution counts as a random act of kindness.
I'll quote you.
What? Guy's a loose cannon.
He always has been.
Your type? - Not at all.
- Too tall? Too blond? Okay, focus, Nick.
Judge Farnsworth.
- What kind of gun did he pull? - I don't know.
Big.
Wild al Hickok.
I thought he was going to family court.
Guess the biopsy must have come back bad on Judge Morgan.
Turns out that, yes, Dorothy, karma does exist.
- You better hope not, nick.
- Yeah, you too, blondie.
Can you get me more time? This crazy Judge set trial for Wednesday, as in "day after tomorrow.
" It would be easier to reverse gravity than to persuade Al Farnsworth to change his mind.
Better prep your witness fast.
And bring back one word on the verdict, not two.
Sam sure had his pride.
- He liked to look good.
- Yeah, and he loved wearing those shades.
Yeah, got them for one buck at Goodwill.
Just like Jack Nicholson wears.
Because the prosecution is gonna argue that you put the sunglasses on Sam to disguise - his condition.
- Old and feeble? Same as us.
With the critical difference being that you were breathing and he wasn't.
And you thought the counselor lacked a sense of humor.
Yeah.
So, a guy goes to his doctor.
- Mr.
Rose, please.
- And the doctor says, "Mr.
Schwartz, you've simply got to stop masturbating.
" You need to take this seriously.
And the guy says, "why?" And the doctor says, "Well, I want to finish giving you your physical.
" Can we try to talk about the case? Okay? I I know i it's painful.
Laugh or cry, right? The rent was due.
- We needed Sam's check.
- Yeah, he wasn't cold.
He wasn't stiff.
Look, we don't run around putting mirrors under people's nostrils.
So, uh, what happens now? - If you plead guilty - No, we're not doing that.
and pay back the money, the A.
D.
A.
is offering five years' probation.
If we had the money to pay back the money, we wouldn't be sitting here talking to you.
Can you still vote when you're on probation? You're like a felon, and that's for the rest of your life, which won't be very long if we lose our benefits.
So, an old guy goes to his doctor - Oh, I already told that.
- No, this is the other one.
And the doctor says, "I want to run some tests.
I'm gonna need a blood sample, a urine sample, and a stool sample.
" And the old guy says, "Okay.
Take my underwear.
" It'll be funnier when you're old.
It'll be funnier if you would have said "underpants.
" I didn't actually ask you.
Well, "underpants" is funnier than "underwear.
" You see, it's more specific, see? Aw, next time.
Miss Ernhardt.
- Detective Porter.
- Yeah, I've, uh, I've seen you around the courthouse.
Yeah.
Hi.
- Hi.
- Hi.
You lead, I'll follow.
Promise? Refresh my memory.
Buy-and-bust operation, wheeler houses, May 17th.
Last year, yeah? Done probably a hundred of those since then.
James Madison, - A.
K.
A.
"Prez.
" - As in "President.
" You have to laugh.
He walks out of building 932, matching the radio description from the undercover officer who made the buy around the corner.
- All right, how much? - 2 bags, 20 bucks.
Got it.
I just wish he had some buy money on him or some inventory, - but neither/nor.
- Real life lets you down sometimes.
And he was walking out of the building, - so he had time to - Unload, yeah.
- If maybe he'd gotten suspicious.
- Dumb don't make them stupid.
- So, that's what happened.
- No stash, no cash, yeah.
'Cause the PD on this case is solid.
Solid all day long won't change the facts.
Now, you got two experienced witnesses that would be me and my undercover brother who are going to prove that your defendant is the right guy who did the wrong thing A.
K.
A.
Guilty.
Nice.
I'm actually, uh I'm going for a J.
D.
myself.
- You're in law school? - Nights, yeah.
For, like, the next decade, at this rate.
It's tough.
I I couldn't even work part time.
Somehow I get the impression you didn't have to work, though.
Oh, really? Why's that? All that Connecticut confidence.
You didn't see yourself as a Yalie, right? So I'm guessing I'm guessing Penn.
- You looked me up in Martindale.
- Yes, I did.
What else? Your shoes hurt.
- I love these shoes.
- But you're not a practical woman.
- You're wrong.
- Otherwise, we'd be talking about the case.
Well, shame on us.
You, um you want to multitask over dinner? 'Cause we don't have a lot of prep time if we go to trial on Wednesday.
And you got to ask, whose side are these Judges on? 7:00? We'll be efficient.
Busy? No.
No, I just sit around here waiting to talk to you.
What's up? I'll come back.
Come on.
I'm listening.
All right.
Undercover radios in a description of a black male, 5'9", 160 pounds, dark pants, high-tops, green hoodie.
Except the property clerk is holding a gray hoodiei n the inventory, just like my guy said.
Wrong guy? You know it's always the wrong guy.
So, what's the question? Should I spring it at trial or try to squeeze Michelle for a better deal? - Showing her your cards.
- Right.
Well, if you were up against Marcus Please.
They're all on the other side of the aisle.
Yeah, but he reaches across a little further than she does.
As long as he doesn't have to stretch.
That big smile of his can be tactical.
Tell me.
- I used to live with a smile like that.
- I wasn't gonna mention Gavin.
You know, you actually start asking yourself what's wrong with you.
Not a damn thing, Bobbi.
Oh, yeah.
Perfect me.
Do you ever wonder what you saw in somebody? Way too often, yeah.
But you had the good sense not to marry them.
Were you ever tempted? There was this girl in kindergarten.
She could even tie her shoes.
- Didn't work out, huh? - What can I say? I'm hard to please.
Um, gray, green, polka-Dot I don't think the color of the hoodie is gonna get you any concessions.
Me I'd go for the fun factor.
- Surprise her? - Yeah, it's good for her.
Besides, I think you have a better chance with a jury.
5 bucks says you don't take my advice.
You're in good hands, though, okay? James Madison.
- I'm not inclined.
- Without even hearing me out? Call me rude.
You know, the cop screwed up the ID.
Oh, no.
Again? - Okay, I'm slightly listening.
- What, every other word, half of each word? Hey.
That's all Kellerman's got? Screw him.
Okay.
I don't mean literally, of course.
Don't worry.
How did Nick get to be boss? You mean, besides having the best win/loss ratio in the office? - Is that actually true? - Look it up.
Surprise! Yeah.
I was at a meeting upstairs with the D.
A.
, and I thought I'd stop by and see if you were around.
And here I am.
- Just lucky.
- Me too.
I meant you.
- Oh, I'm sorry.
This is, uh, uh - Michelle Ernhardt.
Amelia Mkali.
Amelia was the foreperson on the drug case I tried last week.
Ah.
Yes, indeedy, the acquittal.
You are still mad at me.
Is that why you haven't called? I'm just gonna I waited a whole week.
I thought it was a three-day rule.
Sure, but it's a It's actually seven days if the number gets handed to you, 10 if it's a business card, like yours happened to be.
Oh.
I see.
Well, I can't wait that long.
There's a party on Thursday, The Black Free food, open bar, mucho contacts.
You're gonna think I'm easy.
Now you're just getting my hopes up.
Chief of staff for the borough president? La-Di-Da, marcus.
- That's upward mobility.
- Power to the people, Nick.
It's 2009, baby.
Ourturn.
So we're looking for a green hoodie.
You busted a gray hoodie.
Spin it for me.
He had time to change the hoodie when he was dumping evidence.
Like you said, he got suspicious.
The rest of the ID matches up.
It's wobbly, Tim.
It's generic.
I mean, what's left describes how many guys around there? Most of them.
That doesn't mean I grabbed the wrong guy.
Him and his crew run that building.
So, you know him.
Y you recognized him.
- T the hoodie's irrelevant.
- I don't know him, but if he was out front, then I know he's part of the 932 crew.
I mean, you never heard of Jewel Jackson, right? She kept calling us on them, like we might actually help, you know? Found her dead with her neck broke at the bottom of a stairwell.
- An open case? - Not even.
Officially, she slipped and fell.
An old lady with bad balance in a building where the elevators don't work.
Slick, huh? They killed her, Michelle.
Then they got away with it.
- No evidence.
- The only way to hurt this crew is to keep picking off their salesmen and cutting their profits, which throws me way less than a murder charge, but that's what we got.
You can nail the kid.
You have his own words to use against him.
- How? Where? - The statement he gave me.
There's no statement in the paperwork.
I can guarantee you.
I told the A.
D.
A.
All this at the arraignment.
Okay.
Tell me.
I was doing the pedigree questions -- Name, address, S.
S.
N.
, D.
O.
B.
, employment status.
And the kid goes, "You know what I do.
Why you even asking? You saw the hand-off.
" So I say, "You telling me to check the box for 'dope dealer'?" Mr.
President plays cute and says -- I remember his exact words -- "You got a box for that, you go ahead and check it, man.
" We had a good laugh.
And you already mirandized him? Well, this is a booking procedure, not a custodial interrogation.
- I know you know the difference.
- Well, yeah, and I know the supreme court ruled that routine booking questions can qualify as custodial interrogation.
Unless they're reasonably related to the police's administrative concerns, which this clearly was.
Citation? Pennsylvania v.
Muniz, for one.
Not that it helps, seeing as our bigger problem is we're about a year too late to file statement notice.
Put me in the box and pass me the ball.
Let me run with it.
And the first time the P.
D.
hears about the statement is at trial? Sure.
You rely on the pedigree exception to 710.
30 -- voluntary answers to standard booking questions.
Maybe the judge rules against you.
Who knows? But you'll have put this thug's statement in front of the jury.
His honor can try to fix it in instructions.
- If he doesn't declare a mistrial first.
- No guts, no glory.
And we won't be making any friends across the aisle.
Do you care? I have to keep doing business with them.
This is just business.
Pay up if you ignored my good advice.
- Did you tell michelle about the screw-up with the I.
D.
? - Well, uhI did.
- Did you get anywhere? - Not at all.
- You should have listened to me.
- Probably.
But I'm -- I'm glad you didn't.
How come? Better view is from the high road, you know? - You said 5 bucks, right? - Oh, forget it.
Buy me a round next time we're drinking.
Don't make me remind you.
Michelle.
- More reason to love me.
- What's this? I found you precedent and on point.
Huh.
People v.
Rodney.
- I assume we have a disposition, gentlemen? - Actually, we don't, judge.
The people have made a reasonable offer, but the defendants have rejected it.
Really? "Reasonable" is a matter of opinion, your honor.
My clients refuse to plead to a felony that'll jeopardize their benefits and their civil rights.
The people offered probation and restitution.
And a felony record.
Mr.
McGrath, can't you see your way to a misdemeanor? Not on the basis of the evidence, your honor.
- No reduction? - There's videotape of the scene.
Mr.
Woolsley, is your client asleep -- in court? - Wake him up! - Mr.
Rose.
Davy.
Davy.
Wake up.
Davy, wake up.
I-i'm sorry, your honor.
H-he didn't get much sleep last night.
He was so stressed about coming here.
I told him to take a pill, but my brother is a stubborn old man.
Hey, davy, come on.
Wake up.
Davy.
Oh, God.
- What's going on? - Go -- call 911! I don't think he's breathing! I don't think he's breathing! Oh, Davy, get up! Come on, Davy, davy! Hey! What are you doing to me?! - I'm trying to save your life.
- By giving me a heart attack? Yeah.
You're welcome.
- I thought you were good and gone this time.
- That's enough, Danny.
Counselors, please approach.
- You need to find your way to a disposition.
- We've already tried, judge.
Look, if a sleeping man can look as dead as Mr.
Rose just did, then I am inclined to believe that a dead man can look as if he is sleeping.
- Do you disagree? - Sleep is the brother of death.
Homer.
You trying to impress me, Mr.
Woolsley? 'Cause it'll take a lot more than poetry.
Way more.
Go out.
Come back.
Make me happy.
I commend counsel for their spirit of cooperation.
Adjournment in contemplation of dismissal is the appropriate, compassionate disposition.
Did you hear about the guy who tried to fake a heart attack in a courtroom? - You should have won an Oscar for that performance.
- Yeah, if I say so myself.
- What about me? - Personally, I thought you overdid it a little bit.
- Always the critic.
- Yeah.
Take care of yourselves, guys.
This time, we're gonna look for a female roommate.
They live longer.
He's waiting for a punch line.
Eh, there is none.
It's a long walk to the bus stop.
Can't we take a cab? - Not if you want to eat tonight.
- What's for dinner? Soup and sandwiches.
Same as always.
- It's my specialty.
- And it's my favorite.
Those two old men.
You'll feel better once you take your shoes off.
Oh, god.
Who's gonna look after me when i'm their age? Oh, I'll visit you.
we'll dodder off to the local bar together and drink prune juice and vodka.
- I should have had kids.
- Trudy, you don't like kids.
It's an unpleasant stage, but they usually turn into people.
When was the last time you called your mother? - Point taken.
- I'll put it on your calendar.
I miss you.
- Aw.
I'm right here.
- You know what I mean.
- You're my best friend, Trudy.
- Oh, how pathetic.
Listen to us.
We're like a walking, talking cliché.
I think we're a work in progress.
Your honor, the people have failed to notify the defense of their intention to introduce any kind of statement by the defendant.
710.
30.
1(a) -- "no notice" means "not admissible.
" Unless the defendant was responding to a question posed solely as an administrative concern, your honor.
Then the information may fall outside the miranda requirements -- Pennsylvania v.
Muniz.
Muniz doesn't fully exempt you from the notice requirements, counselor.
The whole point of notice is to provide a hearing to determine the nature of the statement.
Not according to "People v.
Rodney", your honor.
Aw, come on.
?? New York ruled that the question on the booking form about employment status -- the same question posed to Mr.
Madison -- was a pedigree question and not reasonably likely to elicit an incriminating response.
Therefore, even if it was obtained in violation of miranda, it would not have been suppressible.
Thus, the court held notice was not required.
Very thorough, Miss Ernhardt.
I appreciate thoroughness.
Your honor -- I'm reflecting.
Jerry, you got to know that I did not admit nothing.
If I was a fool like that, I'd be upstate already.
- Not a defense we can use, though.
- But the cop is a straight-up liar, man.
I didn't fit the description.
I didn't have their money.
And the only illegal thing on me was my knockoff shoes.
Like it ain't bad enough, I've been locked up for a year because he can't tell the difference between green and gray.
And now he's -- he's telling a whole new lie to keep me locked up.
Why? - Why is he doing that, Jerry? - Because he can.
Well, it ain't right! It's not right, Jerry.
But he's all they have, James, so I-I need to find a way to break him down.
What if you don't? If you don't, w-what -- what then? You're not a rookie, James.
Jerry, what kind of plea can you get me? - I have no incentive.
- Sure you do.
You win.
You get to put my guy away for two more years.
I'm gonna win anyways, Jerry.
Just come down a count and give him the minimum, Michelle.
- You're on the run.
It's nice.
I like it.
- Would you stop? I'm trying to do you a favor.
I have to sit down to hear this.
- We both know the cop's lying.
- No, we don't.
And I care about you too much to let you suborn perjury.
Why? Because you have a monopoly on the truth, Jerry? You don't know what's true.
You just believe whatever you want to believe.
Hey, I have perfect pitch on lies.
Like "I love you"? I never said that.
No.
I did.
Was I lying? Michelle this shouldn't be personal.
Don't worry.
It's not.
Just take the win.
Yeah, well, maybe if your guy weren't a suspect in a murder.
Ask him about Jewel Jackson.
If you had any evidence, you'd indict him.
Like Jesus said, "the truth can set you free.
" Talk to your client.
See if he has anything to sell besides drugs.
Who knows? Maybe he's ready to find God.
So, what if I got nothing to trade? We'll start picking a jury tomorrow.
- Or? - I ask for an "a" and a year.
So time served.
How much would I have to give up? - Enough to make their murder charge stick.
- Like a name? Name, some details to support it.
I might be a little sketchy when it comes to those.
It's understandable, James.
- But, James, if you lie - Oh, like the cop? Who can send me up to 20 years all by hisself? - and they can prove perjury - Oh, man, they ain't gonna prove nothing like that.
Just as long as it's true enough, it's all they're looking for.
Oh, I'm sorry.
Is this spa night and nobody told me? - It's the evening shift, Nick.
- Oh, love your up pity side, Marcus.
That's what I just told the D.
A.
, Mr.
Balco.
Good to see you again.
- Ready? - Yeah.
Tell your boss "hello" for me.
He'll be there tonight.
He's looking forward to meeting you, Marcus.
See you tomorrow.
- That's a power couple.
- It's a business event, Nick.
You, on the other hand You're slumming.
- What are you talking about? - A cop, Michelle? I know women like the weight of a gun, but - he happens to be a law student.
- And you're tutoring him, right? - Prepping a witness.
- No need to explain.
As long as I get what I'm paying for the only four-letter word that matters to me is "lose.
" - She sand bagged me in open court, Roz.
- Which we have never done to them.
No, I She owed me the same courtesy I gave her.
Oh! I'm an idiot! I I told her how I could prove the ID was soft.
So, an A.
D.
A.
didn't play fair.
It's the first time that ever happened to you? Come on.
- She colluded.
- She believed her witness.
Either way, she's wrong.
Well, get over it.
Take her the client's offer.
No, I'm just saying, between us, the Rose brothers' act didn't fool me.
- I don't know what you're talking about.
- Didn't fool her honor either.
- Your idea? - No comment.
Compassion is not a legal principle.
See, and right there, you've defined the moral failure of jurisprudence as we know it.
Just when I was starting to relax.
You guys seen Michelle? - No, not yet.
- She's not picking up her phone.
The advantage to my side of the bench is the day actually ends.
Oh, lucky you.
Glad when this one's over with.
Do you want to share? Ever heard of people v.
Rodney Court of appeals case from about 12 years ago? Well, Michelle just used it to justify why she didn't give me notice of a statement that completely crushes my guy.
- Not on point enough for you? - Too on point.
So on point, itp roves that the cop in my case fabricated the statement.
- I love you, Jerry.
- How? All right, pay attention.
In Rodney, the cop claimed that he was asking the standard booking questions when Mr.
Rodney decided to crack a joke that his occupation was drug dealer.
Joke or no joke, it's still meets the pedigree exception on 710.
30.
- So no notice required.
- Correct.
Now imagine my surprise when I go back and read Rodney And discover it's almost word for word Same question, same circumstances, same answer, same result.
It's not precedent.
It's plug and play.
What about coincidence as an option? It's what Michelle probably told herself.
Right, because she's a prosecutor and of course she wanted to believe the cop.
But he had to juice the bad ID.
And somehow stumbled across an old appellate decision that inspired him to duplicate an incriminating statement at the last minute? - With all due respect, counselor - No, turns out, the cop's also going to law school part time.
So means and motive.
It's ugly.
And the only way to save my guy from this lying cop is to offer my guy up as a lying snitch.
When I find Michelle That sounds like grounds for another drink.
I'll buy.
No, I I can't stay.
I got to take care of this.
You know what let me ask you, Charlie, would you have let the statement in if you had to rule? Yes.
- Why? - Because coincidence is more plausible than conspiracy.
Either two officers of the court colluded to commit perjury and obstruction of justice or a couple of drug dealers got stupid in the same way.
Easy choice.
No choice.
- Judge Farnsworth agreed with you.
- You asked my opinion.
Hmm.
Well, thanks, brother.
Just don't expect me to vote for you when you run for the bench.
- See you guys.
- See ya.
Slow down, girl.
Are we in a hurry? Sorry.
Bad habit.
Yeah, I'm gonna fix those.
Yes, please.
I want you to do everything I tell you.
Are you worried? It's okay.
Just don't say "trust me.
" Unh-Unh.
Arms at your sides.
Arms at your sides.
Like that.
Yeah.
You already decided to bring me home when you got dressed this morning.
Barring contingencies.
You thought you might as well wear your best bra, just in case.
- What makes you think it's my best? - All right, that was presumptuous.
Yes.
It was.
- Am I forgiven? - I'll let you know.
How's that gonna work? - I've actually done this before.
- With an armed man? Okay, no.
- You don't have to get that.
- Michelle.
I know you're home.
Your lights are on.
I'm sorry.
Gonna keep banging on the door until you let me in.
Somebody you want me to get rid of? No.
So I should wait? Umyeah.
- It'll just be a couple minutes.
- Okay.
You didn't answer your phone, you didn't call me back.
The day's over.
I'm off duty.
Since when? You know, if we're breathing, we're working.
Ask me in.
I can't.
Am interrupting? What do you want, Jerry? That's a long list.
But I'll take an "a" and a year for Madison, plus immunity on the murder charge he's gonna make for you.
- He'll roll? - So he says.
You better not be playing me, Jerry, and you better not embarrass me in front of Farnsworth.
Oh, you mean, embarrass you like you embarrassed me today? Hey, I did you a courtesy.
I I could have withheld the statement and introduced it on direct.
You'd never see it coming.
Nah.
You're too smart for that.
You wanted a ruling on admissibility so you won't taint the trial in front of a jury.
You're feeling pretty good about yourself.
Go home, Jerry.
Let go.
I just came by to say, you figured out how to hook a murder charge on a crap ID.
Props.
- Thank you.
- I was just wondering about the sequence of events.
Did I tell you about the problem with the hoodie before or after the cop made up the statement? You were such a mistake.
Only from the neck up, honey.
- How about thursday the 12th? - No.
I'm covering Ventimiglia's calendar all day.
Monday the 23rd? I've already got 16 appearances that day.
How about wednesday the 9th? That's a trial date for me.
- You could plead it.
- You're funny.
How about monday the 28th? Or you could plead this one.
- 'Cause it's convenient? - And you have a crappy case.
So "yes" to the 28th? It's a no-stash, no-cash case That kept my guy in jail for a year already, Michelle.
Reducing the city's crime statistics.
A 20-year max for a $20 deal? That's a year per dollar.
Now you're gonna make me cry.
- How much was your latte? - God, you're irritating.
Is it worth 1,000 days in jail? So, we're good for the 28th? - What month? - Next month.
Lots of time for you to change your mind.
Yeah, you can count on it, too.
See ya.
Who's on the bench, Arvina? Judge Albert Farsnworth.
Just transferred in from Westchester Civil.
Oh, I hate breaking the new horses.
Yeah, well, this one kicks.
His honor's court rules.
Better read fast.
"Motions will be summarily denied unless a courtesy copy has been hand-delivered to chambers"? Oh, no way.
I understand how very much you want me to dismiss these charges, Mr.
Diaz, but wishful thinking lacks legal merit.
Motion denied.
Hey, that's not fair.
- I know you don't think so.
- No, you just don't like me! Well, you're hard to like, Mr.
Diaz.
Gun! Would you put that chair down, please, Mr.
Diaz? I'm putting it down, Judge.
Just be cool.
Oh, I'm cool.
But you're remanded.
Strike the reference to the gun from the record.
Call the next case, Miss Watkins.
Miss Watkins? Yes, sir, will do.
Next case.
Calling number 45 on the calendar People v.
James Madison, 220.
39, Criminal sale of a controlled substance in the third degree.
- You don't think it was loaded? - Ask him.
Michelle Ernhardt for the people, Your Honor.
Jerry Kellerman for the defense, Your Honor.
Just, um, just a consent adjournment, Your Honor.
No.
No? That was not a test of your auditory ability, counselor.
I refer you to rule 9.
That's page one of the court rules.
"There shall be no consent adjournment without prior approval by this court.
" But, your honour, couldn't we petition the court for approval now, - since we're all here? - "Prior" means "prior to the court date," counselor.
Understand that I intend to run this court with all the professionalism of federal court.
Your honor, we're not prepared to start trial this morning.
You're on the calendar.
I haven't notified my witnesses.
That was probably a mistake.
Yeah, we didn't know about your rules, judge.
Since when is ignorance an excuse, counselor? According to the history in front of me, you've had a whole year to prepare Understand that I'm gonna put the "speed" back in the "speedy trial" concept, right, Mr.
Madison? - Uh, yeah, I-I guess.
- Very eloquent.
All right, as a first-time courtesy wednesday, 9:30 sharp.
That's not 9:31.
Thank you, your honor.
Ticktock, ticktock, time's a-wasting, Miss Watkins.
Next case, please.
Number of part 3412.
State against Michael Brocker.
(?) Created by mczolly Well, I'm sorry, gentlemen.
I wish I could, but I'm not allowed to represent both of you.
It's a conflict of interest.
Oh, that's crapola.
- Look, well, we haven't had a conflict since -- - Ruth.
Danny, are you never gonna let go? She was a train wreck for both of us.
Eh, yeah.
The reason you need separate counsel -- Listen, we haven't been separated since the first grade.
- Yeah, didn't work then.
- And it's not gonna work now.
Listen, counselor, have you ever heard of separation anxiety? - Actually, yes, I have.
- well, you see, we're not just brothers -- we're twins, which makes a difference.
- Not identical -- uh, fraternal.
- As if he couldn't tell.
You need separate counsel because if one of you says something that hurts the other -- That happens all day long.
- Aw, you're oversensitive, Danny.
- You have to waive your rights.
- We waive.
- We waive.
- You don't even know what they are.
- It doesn't matter.
You just explain it.
And the two of you are refusing to have separate counsel? - Like I said it before.
- Twice.
I'll need it in writing.
How do you like that? The man doesn't trust us.
Well, who could blame him? Look where we are.
Okay.
You both understand that you're charged with welfare fraud, grand larceny, and forgery? Eh, it's all based on a slight misunderstanding.
We had no idea Sam was dead.
When you wheeled him to the store to cash his check? Well, Sam was always a very quiet man.
It can be hard to get a word in sometimes with Davy, - in case you haven't noticed.
- All right, I'm done.
You talk.
How long had you been friends with Sam? We'd been sharing the apartment for about six years.
Eight.
- We took care of each other.
- Yeah, whatever we had was for all of us.
See how he is? Sam was sundowning, you know.
That's pre-dead -- not quite dead.
We've always been optimists in the Rose family.
You know what they say about denial, counselor.
It's a river in Egypt? Actually, it's not a river in Egypt.
- That's the line.
- Yeah.
It's sad how these gentiles never seem to get the jokes.
Uh, no offense, counselor.
You just have a humor disability.
You see, a lot of them are born with a short funny bone.
- Give him a second chance, Davy.
- Okay, a guy goes to the priest and he says, "Father, "I'm 75 years old, and I'm having a terrific affair with a beautiful college student and her roommate on the side.
" Mendez, Baker, Rose, Rose! And the priest says "How long has it been since your last confession, my son?" - Hey, it's my joke.
I'm doing it.
- Your joke.
So, he says to the priest he says, "father, I've never been to confession.
As a matter of fact, I'm Jewish.
" And the priest says, "you're Jewish? Then why are you telling me all this?" He says, "well, I'm telling everyone.
" I love that joke every time.
Okay, you pass.
Rose, Rose, last call! Now, you you said we could beat it.
I know that's when we had a judge who could actually pass a sanity test.
But I kind of liked him.
- Trust me.
- He took my side, Jerry.
James it's not too late for a plea.
See, t that's what cops count on, man.
They bluff, we fold.
You saw my hoodie, Jerry.
Was it green? No, it was not green.
- Wasn't even close to green.
- I'll go down to the property clerk and check the inventory.
You ain't done that yet? We weren't going to trial yet, James.
So you ain't ready? - That's why you want to push for a plea? - Wednesday morning, I'll be ready.
It's gray, Jerry.
It's a gray hoodie.
That's how innocent people get locked up bad IDS on purpose, by accident It's the same result.
I'll see you Wednesday morning.
They ain't got nothing, Jerry.
Right? They got the cop.
Then you burn him down.
Handcuffed in court like we're a couple of criminals.
I tell you, it's a lack of respect.
When was the last time we got any respect? I think the bus driver.
- That was pity, not respect.
- Can't believe you asked for bail.
- Got to hold the line.
It's a felony, bro.
- Like those old men were a flight risk.
Look, we both knew the judge was gonna ROR them anyway.
All right, now that they've learned their lesson, let's save the city's resources, give them ACDS.
What about restitution? You want to carve off a piece of their social security checks? - These guys are living hand to mouth.
- Yeah, with their hand in the wrong pocket.
- All right, we're not trying the case in the hallway.
- You know, if I didn't have video - There's video? - Mm-Hmm.
Security camera at Redi Cash.
Yeah, disappointing, isn't it? I could make popcorn.
Just play it.
2 1/3 to 7? - Not a river in Egypt.
- So I've heard.
All right, I'll come down to five years' probation and restitution.
On their good looks? You know a felony conviction could end their benefits.
Something they should have considered before they forged a dead man's signature.
They agreed to share their resources.
They held a pen in a corpse's hand, Richie.
Probation and restitution counts as a random act of kindness.
I'll quote you.
What? Guy's a loose cannon.
He always has been.
Your type? - Not at all.
- Too tall? Too blond? Okay, focus, Nick.
Judge Farnsworth.
- What kind of gun did he pull? - I don't know.
Big.
Wild al Hickok.
I thought he was going to family court.
Guess the biopsy must have come back bad on Judge Morgan.
Turns out that, yes, Dorothy, karma does exist.
- You better hope not, nick.
- Yeah, you too, blondie.
Can you get me more time? This crazy Judge set trial for Wednesday, as in "day after tomorrow.
" It would be easier to reverse gravity than to persuade Al Farnsworth to change his mind.
Better prep your witness fast.
And bring back one word on the verdict, not two.
Sam sure had his pride.
- He liked to look good.
- Yeah, and he loved wearing those shades.
Yeah, got them for one buck at Goodwill.
Just like Jack Nicholson wears.
Because the prosecution is gonna argue that you put the sunglasses on Sam to disguise - his condition.
- Old and feeble? Same as us.
With the critical difference being that you were breathing and he wasn't.
And you thought the counselor lacked a sense of humor.
Yeah.
So, a guy goes to his doctor.
- Mr.
Rose, please.
- And the doctor says, "Mr.
Schwartz, you've simply got to stop masturbating.
" You need to take this seriously.
And the guy says, "why?" And the doctor says, "Well, I want to finish giving you your physical.
" Can we try to talk about the case? Okay? I I know i it's painful.
Laugh or cry, right? The rent was due.
- We needed Sam's check.
- Yeah, he wasn't cold.
He wasn't stiff.
Look, we don't run around putting mirrors under people's nostrils.
So, uh, what happens now? - If you plead guilty - No, we're not doing that.
and pay back the money, the A.
D.
A.
is offering five years' probation.
If we had the money to pay back the money, we wouldn't be sitting here talking to you.
Can you still vote when you're on probation? You're like a felon, and that's for the rest of your life, which won't be very long if we lose our benefits.
So, an old guy goes to his doctor - Oh, I already told that.
- No, this is the other one.
And the doctor says, "I want to run some tests.
I'm gonna need a blood sample, a urine sample, and a stool sample.
" And the old guy says, "Okay.
Take my underwear.
" It'll be funnier when you're old.
It'll be funnier if you would have said "underpants.
" I didn't actually ask you.
Well, "underpants" is funnier than "underwear.
" You see, it's more specific, see? Aw, next time.
Miss Ernhardt.
- Detective Porter.
- Yeah, I've, uh, I've seen you around the courthouse.
Yeah.
Hi.
- Hi.
- Hi.
You lead, I'll follow.
Promise? Refresh my memory.
Buy-and-bust operation, wheeler houses, May 17th.
Last year, yeah? Done probably a hundred of those since then.
James Madison, - A.
K.
A.
"Prez.
" - As in "President.
" You have to laugh.
He walks out of building 932, matching the radio description from the undercover officer who made the buy around the corner.
- All right, how much? - 2 bags, 20 bucks.
Got it.
I just wish he had some buy money on him or some inventory, - but neither/nor.
- Real life lets you down sometimes.
And he was walking out of the building, - so he had time to - Unload, yeah.
- If maybe he'd gotten suspicious.
- Dumb don't make them stupid.
- So, that's what happened.
- No stash, no cash, yeah.
'Cause the PD on this case is solid.
Solid all day long won't change the facts.
Now, you got two experienced witnesses that would be me and my undercover brother who are going to prove that your defendant is the right guy who did the wrong thing A.
K.
A.
Guilty.
Nice.
I'm actually, uh I'm going for a J.
D.
myself.
- You're in law school? - Nights, yeah.
For, like, the next decade, at this rate.
It's tough.
I I couldn't even work part time.
Somehow I get the impression you didn't have to work, though.
Oh, really? Why's that? All that Connecticut confidence.
You didn't see yourself as a Yalie, right? So I'm guessing I'm guessing Penn.
- You looked me up in Martindale.
- Yes, I did.
What else? Your shoes hurt.
- I love these shoes.
- But you're not a practical woman.
- You're wrong.
- Otherwise, we'd be talking about the case.
Well, shame on us.
You, um you want to multitask over dinner? 'Cause we don't have a lot of prep time if we go to trial on Wednesday.
And you got to ask, whose side are these Judges on? 7:00? We'll be efficient.
Busy? No.
No, I just sit around here waiting to talk to you.
What's up? I'll come back.
Come on.
I'm listening.
All right.
Undercover radios in a description of a black male, 5'9", 160 pounds, dark pants, high-tops, green hoodie.
Except the property clerk is holding a gray hoodiei n the inventory, just like my guy said.
Wrong guy? You know it's always the wrong guy.
So, what's the question? Should I spring it at trial or try to squeeze Michelle for a better deal? - Showing her your cards.
- Right.
Well, if you were up against Marcus Please.
They're all on the other side of the aisle.
Yeah, but he reaches across a little further than she does.
As long as he doesn't have to stretch.
That big smile of his can be tactical.
Tell me.
- I used to live with a smile like that.
- I wasn't gonna mention Gavin.
You know, you actually start asking yourself what's wrong with you.
Not a damn thing, Bobbi.
Oh, yeah.
Perfect me.
Do you ever wonder what you saw in somebody? Way too often, yeah.
But you had the good sense not to marry them.
Were you ever tempted? There was this girl in kindergarten.
She could even tie her shoes.
- Didn't work out, huh? - What can I say? I'm hard to please.
Um, gray, green, polka-Dot I don't think the color of the hoodie is gonna get you any concessions.
Me I'd go for the fun factor.
- Surprise her? - Yeah, it's good for her.
Besides, I think you have a better chance with a jury.
5 bucks says you don't take my advice.
You're in good hands, though, okay? James Madison.
- I'm not inclined.
- Without even hearing me out? Call me rude.
You know, the cop screwed up the ID.
Oh, no.
Again? - Okay, I'm slightly listening.
- What, every other word, half of each word? Hey.
That's all Kellerman's got? Screw him.
Okay.
I don't mean literally, of course.
Don't worry.
How did Nick get to be boss? You mean, besides having the best win/loss ratio in the office? - Is that actually true? - Look it up.
Surprise! Yeah.
I was at a meeting upstairs with the D.
A.
, and I thought I'd stop by and see if you were around.
And here I am.
- Just lucky.
- Me too.
I meant you.
- Oh, I'm sorry.
This is, uh, uh - Michelle Ernhardt.
Amelia Mkali.
Amelia was the foreperson on the drug case I tried last week.
Ah.
Yes, indeedy, the acquittal.
You are still mad at me.
Is that why you haven't called? I'm just gonna I waited a whole week.
I thought it was a three-day rule.
Sure, but it's a It's actually seven days if the number gets handed to you, 10 if it's a business card, like yours happened to be.
Oh.
I see.
Well, I can't wait that long.
There's a party on Thursday, The Black Free food, open bar, mucho contacts.
You're gonna think I'm easy.
Now you're just getting my hopes up.
Chief of staff for the borough president? La-Di-Da, marcus.
- That's upward mobility.
- Power to the people, Nick.
It's 2009, baby.
Ourturn.
So we're looking for a green hoodie.
You busted a gray hoodie.
Spin it for me.
He had time to change the hoodie when he was dumping evidence.
Like you said, he got suspicious.
The rest of the ID matches up.
It's wobbly, Tim.
It's generic.
I mean, what's left describes how many guys around there? Most of them.
That doesn't mean I grabbed the wrong guy.
Him and his crew run that building.
So, you know him.
Y you recognized him.
- T the hoodie's irrelevant.
- I don't know him, but if he was out front, then I know he's part of the 932 crew.
I mean, you never heard of Jewel Jackson, right? She kept calling us on them, like we might actually help, you know? Found her dead with her neck broke at the bottom of a stairwell.
- An open case? - Not even.
Officially, she slipped and fell.
An old lady with bad balance in a building where the elevators don't work.
Slick, huh? They killed her, Michelle.
Then they got away with it.
- No evidence.
- The only way to hurt this crew is to keep picking off their salesmen and cutting their profits, which throws me way less than a murder charge, but that's what we got.
You can nail the kid.
You have his own words to use against him.
- How? Where? - The statement he gave me.
There's no statement in the paperwork.
I can guarantee you.
I told the A.
D.
A.
All this at the arraignment.
Okay.
Tell me.
I was doing the pedigree questions -- Name, address, S.
S.
N.
, D.
O.
B.
, employment status.
And the kid goes, "You know what I do.
Why you even asking? You saw the hand-off.
" So I say, "You telling me to check the box for 'dope dealer'?" Mr.
President plays cute and says -- I remember his exact words -- "You got a box for that, you go ahead and check it, man.
" We had a good laugh.
And you already mirandized him? Well, this is a booking procedure, not a custodial interrogation.
- I know you know the difference.
- Well, yeah, and I know the supreme court ruled that routine booking questions can qualify as custodial interrogation.
Unless they're reasonably related to the police's administrative concerns, which this clearly was.
Citation? Pennsylvania v.
Muniz, for one.
Not that it helps, seeing as our bigger problem is we're about a year too late to file statement notice.
Put me in the box and pass me the ball.
Let me run with it.
And the first time the P.
D.
hears about the statement is at trial? Sure.
You rely on the pedigree exception to 710.
30 -- voluntary answers to standard booking questions.
Maybe the judge rules against you.
Who knows? But you'll have put this thug's statement in front of the jury.
His honor can try to fix it in instructions.
- If he doesn't declare a mistrial first.
- No guts, no glory.
And we won't be making any friends across the aisle.
Do you care? I have to keep doing business with them.
This is just business.
Pay up if you ignored my good advice.
- Did you tell michelle about the screw-up with the I.
D.
? - Well, uhI did.
- Did you get anywhere? - Not at all.
- You should have listened to me.
- Probably.
But I'm -- I'm glad you didn't.
How come? Better view is from the high road, you know? - You said 5 bucks, right? - Oh, forget it.
Buy me a round next time we're drinking.
Don't make me remind you.
Michelle.
- More reason to love me.
- What's this? I found you precedent and on point.
Huh.
People v.
Rodney.
- I assume we have a disposition, gentlemen? - Actually, we don't, judge.
The people have made a reasonable offer, but the defendants have rejected it.
Really? "Reasonable" is a matter of opinion, your honor.
My clients refuse to plead to a felony that'll jeopardize their benefits and their civil rights.
The people offered probation and restitution.
And a felony record.
Mr.
McGrath, can't you see your way to a misdemeanor? Not on the basis of the evidence, your honor.
- No reduction? - There's videotape of the scene.
Mr.
Woolsley, is your client asleep -- in court? - Wake him up! - Mr.
Rose.
Davy.
Davy.
Wake up.
Davy, wake up.
I-i'm sorry, your honor.
H-he didn't get much sleep last night.
He was so stressed about coming here.
I told him to take a pill, but my brother is a stubborn old man.
Hey, davy, come on.
Wake up.
Davy.
Oh, God.
- What's going on? - Go -- call 911! I don't think he's breathing! I don't think he's breathing! Oh, Davy, get up! Come on, Davy, davy! Hey! What are you doing to me?! - I'm trying to save your life.
- By giving me a heart attack? Yeah.
You're welcome.
- I thought you were good and gone this time.
- That's enough, Danny.
Counselors, please approach.
- You need to find your way to a disposition.
- We've already tried, judge.
Look, if a sleeping man can look as dead as Mr.
Rose just did, then I am inclined to believe that a dead man can look as if he is sleeping.
- Do you disagree? - Sleep is the brother of death.
Homer.
You trying to impress me, Mr.
Woolsley? 'Cause it'll take a lot more than poetry.
Way more.
Go out.
Come back.
Make me happy.
I commend counsel for their spirit of cooperation.
Adjournment in contemplation of dismissal is the appropriate, compassionate disposition.
Did you hear about the guy who tried to fake a heart attack in a courtroom? - You should have won an Oscar for that performance.
- Yeah, if I say so myself.
- What about me? - Personally, I thought you overdid it a little bit.
- Always the critic.
- Yeah.
Take care of yourselves, guys.
This time, we're gonna look for a female roommate.
They live longer.
He's waiting for a punch line.
Eh, there is none.
It's a long walk to the bus stop.
Can't we take a cab? - Not if you want to eat tonight.
- What's for dinner? Soup and sandwiches.
Same as always.
- It's my specialty.
- And it's my favorite.
Those two old men.
You'll feel better once you take your shoes off.
Oh, god.
Who's gonna look after me when i'm their age? Oh, I'll visit you.
we'll dodder off to the local bar together and drink prune juice and vodka.
- I should have had kids.
- Trudy, you don't like kids.
It's an unpleasant stage, but they usually turn into people.
When was the last time you called your mother? - Point taken.
- I'll put it on your calendar.
I miss you.
- Aw.
I'm right here.
- You know what I mean.
- You're my best friend, Trudy.
- Oh, how pathetic.
Listen to us.
We're like a walking, talking cliché.
I think we're a work in progress.
Your honor, the people have failed to notify the defense of their intention to introduce any kind of statement by the defendant.
710.
30.
1(a) -- "no notice" means "not admissible.
" Unless the defendant was responding to a question posed solely as an administrative concern, your honor.
Then the information may fall outside the miranda requirements -- Pennsylvania v.
Muniz.
Muniz doesn't fully exempt you from the notice requirements, counselor.
The whole point of notice is to provide a hearing to determine the nature of the statement.
Not according to "People v.
Rodney", your honor.
Aw, come on.
?? New York ruled that the question on the booking form about employment status -- the same question posed to Mr.
Madison -- was a pedigree question and not reasonably likely to elicit an incriminating response.
Therefore, even if it was obtained in violation of miranda, it would not have been suppressible.
Thus, the court held notice was not required.
Very thorough, Miss Ernhardt.
I appreciate thoroughness.
Your honor -- I'm reflecting.
Jerry, you got to know that I did not admit nothing.
If I was a fool like that, I'd be upstate already.
- Not a defense we can use, though.
- But the cop is a straight-up liar, man.
I didn't fit the description.
I didn't have their money.
And the only illegal thing on me was my knockoff shoes.
Like it ain't bad enough, I've been locked up for a year because he can't tell the difference between green and gray.
And now he's -- he's telling a whole new lie to keep me locked up.
Why? - Why is he doing that, Jerry? - Because he can.
Well, it ain't right! It's not right, Jerry.
But he's all they have, James, so I-I need to find a way to break him down.
What if you don't? If you don't, w-what -- what then? You're not a rookie, James.
Jerry, what kind of plea can you get me? - I have no incentive.
- Sure you do.
You win.
You get to put my guy away for two more years.
I'm gonna win anyways, Jerry.
Just come down a count and give him the minimum, Michelle.
- You're on the run.
It's nice.
I like it.
- Would you stop? I'm trying to do you a favor.
I have to sit down to hear this.
- We both know the cop's lying.
- No, we don't.
And I care about you too much to let you suborn perjury.
Why? Because you have a monopoly on the truth, Jerry? You don't know what's true.
You just believe whatever you want to believe.
Hey, I have perfect pitch on lies.
Like "I love you"? I never said that.
No.
I did.
Was I lying? Michelle this shouldn't be personal.
Don't worry.
It's not.
Just take the win.
Yeah, well, maybe if your guy weren't a suspect in a murder.
Ask him about Jewel Jackson.
If you had any evidence, you'd indict him.
Like Jesus said, "the truth can set you free.
" Talk to your client.
See if he has anything to sell besides drugs.
Who knows? Maybe he's ready to find God.
So, what if I got nothing to trade? We'll start picking a jury tomorrow.
- Or? - I ask for an "a" and a year.
So time served.
How much would I have to give up? - Enough to make their murder charge stick.
- Like a name? Name, some details to support it.
I might be a little sketchy when it comes to those.
It's understandable, James.
- But, James, if you lie - Oh, like the cop? Who can send me up to 20 years all by hisself? - and they can prove perjury - Oh, man, they ain't gonna prove nothing like that.
Just as long as it's true enough, it's all they're looking for.
Oh, I'm sorry.
Is this spa night and nobody told me? - It's the evening shift, Nick.
- Oh, love your up pity side, Marcus.
That's what I just told the D.
A.
, Mr.
Balco.
Good to see you again.
- Ready? - Yeah.
Tell your boss "hello" for me.
He'll be there tonight.
He's looking forward to meeting you, Marcus.
See you tomorrow.
- That's a power couple.
- It's a business event, Nick.
You, on the other hand You're slumming.
- What are you talking about? - A cop, Michelle? I know women like the weight of a gun, but - he happens to be a law student.
- And you're tutoring him, right? - Prepping a witness.
- No need to explain.
As long as I get what I'm paying for the only four-letter word that matters to me is "lose.
" - She sand bagged me in open court, Roz.
- Which we have never done to them.
No, I She owed me the same courtesy I gave her.
Oh! I'm an idiot! I I told her how I could prove the ID was soft.
So, an A.
D.
A.
didn't play fair.
It's the first time that ever happened to you? Come on.
- She colluded.
- She believed her witness.
Either way, she's wrong.
Well, get over it.
Take her the client's offer.
No, I'm just saying, between us, the Rose brothers' act didn't fool me.
- I don't know what you're talking about.
- Didn't fool her honor either.
- Your idea? - No comment.
Compassion is not a legal principle.
See, and right there, you've defined the moral failure of jurisprudence as we know it.
Just when I was starting to relax.
You guys seen Michelle? - No, not yet.
- She's not picking up her phone.
The advantage to my side of the bench is the day actually ends.
Oh, lucky you.
Glad when this one's over with.
Do you want to share? Ever heard of people v.
Rodney Court of appeals case from about 12 years ago? Well, Michelle just used it to justify why she didn't give me notice of a statement that completely crushes my guy.
- Not on point enough for you? - Too on point.
So on point, itp roves that the cop in my case fabricated the statement.
- I love you, Jerry.
- How? All right, pay attention.
In Rodney, the cop claimed that he was asking the standard booking questions when Mr.
Rodney decided to crack a joke that his occupation was drug dealer.
Joke or no joke, it's still meets the pedigree exception on 710.
30.
- So no notice required.
- Correct.
Now imagine my surprise when I go back and read Rodney And discover it's almost word for word Same question, same circumstances, same answer, same result.
It's not precedent.
It's plug and play.
What about coincidence as an option? It's what Michelle probably told herself.
Right, because she's a prosecutor and of course she wanted to believe the cop.
But he had to juice the bad ID.
And somehow stumbled across an old appellate decision that inspired him to duplicate an incriminating statement at the last minute? - With all due respect, counselor - No, turns out, the cop's also going to law school part time.
So means and motive.
It's ugly.
And the only way to save my guy from this lying cop is to offer my guy up as a lying snitch.
When I find Michelle That sounds like grounds for another drink.
I'll buy.
No, I I can't stay.
I got to take care of this.
You know what let me ask you, Charlie, would you have let the statement in if you had to rule? Yes.
- Why? - Because coincidence is more plausible than conspiracy.
Either two officers of the court colluded to commit perjury and obstruction of justice or a couple of drug dealers got stupid in the same way.
Easy choice.
No choice.
- Judge Farnsworth agreed with you.
- You asked my opinion.
Hmm.
Well, thanks, brother.
Just don't expect me to vote for you when you run for the bench.
- See you guys.
- See ya.
Slow down, girl.
Are we in a hurry? Sorry.
Bad habit.
Yeah, I'm gonna fix those.
Yes, please.
I want you to do everything I tell you.
Are you worried? It's okay.
Just don't say "trust me.
" Unh-Unh.
Arms at your sides.
Arms at your sides.
Like that.
Yeah.
You already decided to bring me home when you got dressed this morning.
Barring contingencies.
You thought you might as well wear your best bra, just in case.
- What makes you think it's my best? - All right, that was presumptuous.
Yes.
It was.
- Am I forgiven? - I'll let you know.
How's that gonna work? - I've actually done this before.
- With an armed man? Okay, no.
- You don't have to get that.
- Michelle.
I know you're home.
Your lights are on.
I'm sorry.
Gonna keep banging on the door until you let me in.
Somebody you want me to get rid of? No.
So I should wait? Umyeah.
- It'll just be a couple minutes.
- Okay.
You didn't answer your phone, you didn't call me back.
The day's over.
I'm off duty.
Since when? You know, if we're breathing, we're working.
Ask me in.
I can't.
Am interrupting? What do you want, Jerry? That's a long list.
But I'll take an "a" and a year for Madison, plus immunity on the murder charge he's gonna make for you.
- He'll roll? - So he says.
You better not be playing me, Jerry, and you better not embarrass me in front of Farnsworth.
Oh, you mean, embarrass you like you embarrassed me today? Hey, I did you a courtesy.
I I could have withheld the statement and introduced it on direct.
You'd never see it coming.
Nah.
You're too smart for that.
You wanted a ruling on admissibility so you won't taint the trial in front of a jury.
You're feeling pretty good about yourself.
Go home, Jerry.
Let go.
I just came by to say, you figured out how to hook a murder charge on a crap ID.
Props.
- Thank you.
- I was just wondering about the sequence of events.
Did I tell you about the problem with the hoodie before or after the cop made up the statement? You were such a mistake.
Only from the neck up, honey.