Law & Order (1990) s08e24 Episode Script
Monster
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.
TROY: Why did Sylvester die? ANDRES: Just got sick.
Why don't you take him to the doctor? No doctor's gonna look at a guinea pig.
Can't make no grave down here.
No, we're gonna burn him up with the garbage.
Sylvester's gonna be cremated.
Uh-oh.
Two little kids from the building found her.
They were coming down here to get rid of a dead pet.
This a public area? Not supposed to be, but the lock on the door, it's been broken for, what, since Christmas? BRISCOE: This place is a trap.
The girl live here? I never saw her before, but one of the kids told me she lives in Building C across the way.
Anybody in the neighborhood been bothering the kids? Oh, no, no, no, no, nothing like that, sir.
Okay, stick around.
EMS says forcible sexual assault.
She was beaten really badly.
Might not make it.
The girl was how old? Ten, 11 tops.
Pants were torn off, jacket collar's ripped.
Guy was in a hurry.
Left her backpack.
"CURTIS: âParables of the Old Testament.
" Bible.
"Malika Richardson.
" BRISCOE: What's that smell? Insecticide.
Roach spray.
Perp emptied half the can into her mouth.
Won't find that in the Old Testament.
What hospital is she at? St.
Mark's.
The officers will give you a ride.
What happened? Was she raped? It's possible.
That's for the doctors to tell us.
Look, we're gonna need a recent picture of Malika.
Okay.
When was the last time you saw her? She went to bible class this morning.
She called after class to get permission to go to the public library with her friend Fiona.
Did she ever mention anyone hassling her? No.
What floor is Fiona on? She lives downstairs on eight.
(SOBBING) It's my fault! I shouldn't have let her out alone! Me and Malika came home together.
BRISCOE: Did anybody talk to you or follow you home? No.
Did you come up in the elevator together? FIONA: Yes.
Was anybody on the elevator with you? No, she got off safe.
CURTIS: Fiona, Malika lives on 11.
You get off before her.
Listen to me, sweetheart.
No matter what, you're not in any trouble, I promise.
Yes, I am.
We're not allowed to walk home by our self.
Did you leave Malika alone someplace? At the library.
We went to do our school report on Rosa Parks, but I got a stomachache, so I came home.
Yeah, she was in here this afternoon.
I usually don't see her on weekends.
Something happen to her? Big time.
Was anybody with her when she left? She came in with her friend.
No, no, but she left by herself.
Maybe somebody followed her outside.
Somebody like who? Somebody like the guys who come in and pretend to read books.
Oh.
Those guys.
Yeah, there's a couple of them.
Chico and What's-his-name Owen.
Yeah.
I didn't see either of them today, though.
They usually come in on the weekdays.
When the kids are here after school.
I see what you're saying.
We're gonna need you to come down to the precinct, talk to a sketch artist and look at a few mug shots.
Sure.
And is there any way we can get a list of everybody who borrowed a book today? I can get one from the librarian for you.
Can Henry come to the phone? Well, have him call us back.
Hospital called, girl's still in a coma.
Any news on the rape kit? Still waiting.
Latent came up negative on the spray can.
It was wiped clean.
You check the lot number? CURTIS: Stuff's only available to the trade.
It was shipped to the New York area about four years ago.
Impossible to trace which supply house.
The library guard? Couple of nice sketches, but he couldn't pick his resident pervos out of the sex offender books.
Well, show the sketches around the project.
Whoa.
You want us out on the street, or you want us to make library calls? I want you finding this doer.
CURTIS: We got about a hundred more names on the printout, plus the call-backs.
We could use 10, 12 more bodies on this.
All right, give the printout to Profaci, I'll put in for some more help.
(PHONE RINGING) Curtis.
Uh-huh.
LT, hold on.
Yeah.
Go ahead.
Uh-huh.
Thanks.
Forensics.
No fluids, no fibers on the clothing.
Same deal with the rape kit.
So much for a DNA hit.
They found a paper napkin in the girl's jacket pocket with stains on it.
Olive oil and tomato sauce.
She stopped for a slice.
We get a lot of kids on Saturday.
You know what she was wearing? Red pants, purple jacket, braided ponytail.
Slice and a Yoo-hoo.
(LAUGHS) Real polite, paid with a 20.
You sure about the $20? Yeah, 10-year-old kid with a $20 bill? Was anybody with her? I don't think so.
She didn't have the change in her pocket.
Maybe the perp bought her a pizza and waited outside for her.
When she was in there, you remember any other customers? Let me see C-Berry usually come in around then.
That's his corner.
He a drug dealer? He's just a lookout for somebody else.
Has a slice for lunch every day, takes out one large pie almost every night.
A Hawaiian with extra pineapple.
Yeah, all I'm saying is keep Shorty there until I get If you gonna arrest me, arrest me, all right? I took care of all my warrants.
Don't worry about that.
We're not looking for you.
What's your real name? (LAUGHS) What's that, a trick question? Calvin Berry.
Calvin, who likes extra pineapple on his pizza? Say what? This girl came in the pizza shop yesterday.
Man, I can't be talking to you.
BRISCOE: Hey, Calvin, come on into my office.
Now, do you remember this girl? Hey, man, I'm not real observant.
I tell you what, Calvin, look at this.
Now, this is a get-out-of-jail-free card if you help us.
She bought herself a slice.
She alone? Some guy was with her.
All right.
Now, concentrate.
Try real hard.
(SIGHS) Him.
You know who he is? He ain't from around here, I would have seen him before.
The lookout ID'd one of the sketches.
Puts the guy with Malika outside the pizzeria.
Yeah, we figure the guy lives near the library.
If we got those bodies you promised, we could do a hard canvass of the neighborhood.
Well, I'm still waiting to hear.
What the hell's going on, LT? Look, instead of bitching, let's get some help.
What about the papers? Come on, they ran the story on page 36.
They probably figure their readers don't care what happens above 110th Street.
Oh, is that right? Well, maybe I should talk to them.
Hey, partner, check it out.
Page three.
PROFACI: Hey, Lennie.
One of your snitches called.
Eddie Soto.
He say what he wanted? He's in Rikers.
He wants you to come see him ASAP.
Maybe he saw the paper.
What little girl? I need a personal favor.
I'm jammed up on a burglary.
I can't help you out, Eddie.
This Detective Spivak put a burg two on me.
He don't even have me inside the joint.
That ain't playing fair, Lennie.
Hey, I read the arrest report.
You're in the car with burglary tools and the stolen goods a half-hour after the radio run.
I borrowed the car.
All right, a couple of misdemeanors.
Bullets back to back.
I can live with that.
Yeah, I know, you can do two years standing on your head.
Hey, if I blow trial, I'm a third-time felon.
My legal aid tells me I'm mandatory persistent.
Lennie, minimum.
Tough break.
You gotta talk to that Spivak guy who grabbed me.
I don't even know him.
You know something? If that stolen property should happen to get lost, they can't prove no burglary.
Now, I'm out of here.
You get me out of this and I'll take care of that guy who did your daughter.
Yeah, Danny Jones.
Nice clean job, Lennie, and nobody's gotta know.
(PAGER BEEPING) What happened here? (CROWD CLAMORING) Anonymous caller says this crowd of good Samaritans found our perp.
Patrol cars got here just in time to save his ass.
What's your name? Stokes.
Owen Stokes.
You own a library card, Owen? What are you talking about? You live in the neighborhood? Yeah, around the corner.
What's up with these people? They was gonna kill me.
They think you did that little girl over in the Jefferson Houses.
Me? What for? Look, I'm bleeding.
I think my ribs are broken, I gotta go to a hospital.
Yeah, well, we got a stop to make before we take you to the hospital.
(WHIMPERING) That aspirin 's not cutting it, man.
My jaw's starting to hurt.
It's all your damn fault, tagging me as some kind of pervert.
Here's your chance to clear everything up, Owen.
Why don't you just tell us where you were Saturday afternoon? I want to get with a lawyer.
Forget about a lawyer.
You're not under arrest.
I'm not? CURTIS: No.
You can walk out of here anytime you want.
BRISCOE: Well, soon as the doctor says it's okay.
I gotta wait for a doctor? Oh, sure.
I mean, we just let you walk out of here and you keel over from some brain injury, we could get sued.
Well, when's the doctor gonna get here? You know doctors.
You could grow a tumor time it takes one to get around to you.
I ain't gonna spend the whole day here.
Of course not.
So, about Saturday afternoon.
No.
I want to get with a lawyer.
Don't you want to clear your name? Because once you talk to a lawyer, no one's gonna believe anything you say.
That's just human nature, Owen.
I don't trust what anybody says after they've been with a lawyer.
I don't know, man.
I just better not say anything.
Profaci called in.
Berry's not working his corner, so he can't find him.
This hump's gonna run as soon as he hits the fresh air.
We gotta keep him here till Berry comes in for an ID.
Well, we can send him to the hospital with a uniform, but I don't see stalling him past tonight.
You expect us to find Berry by then, we're gonna need some help.
What about the cavalry? They due anytime soon? (SIGHS) Five more teams for one shift.
That's all I need.
Can't spare them.
I bet if this was some you'd be out there ringing the doorbells yourself.
This has nothing to do with race.
Then it's me.
My lawsuit.
Anita, don't get emotional.
Are you all so petty that you would endanger the lives of the people who count on us to protect them? Petty? The Department has better ways to spend its resources than defending itself against petty lawsuits.
I was within my rights.
The Department promoted a white woman with less seniority.
Maybe you all forgot, but we can sit at the lunch counter now.
That's crap.
People stuck their necks out to help you get where you are, Anita.
You should be grateful.
Grateful? No, no, no, no.
I worked hard to get where I am.
I'm appreciative, yes.
And I can carry myself the rest of the way if you give me the chance.
As far as the Department's concerned, you had your chance.
All right, fine.
I'll step aside.
Reassign someone else to the case.
Just put extra people on the street.
Can't do that either.
Then what? They want you to resign, Anita.
Of course, they can't make you, so you can stay and keep banging your head against the wall, but the wall is gonna stay there.
CURTIS: Come on, Lennie.
You've seen Danny Jones standing, you've seen him sitting, now he's leaning.
You need to see any more? I'll let you know.
I mean, what good's it doing? Mallory'll make the case against Jones.
It's just a matter of time.
Right.
(CELL PHONE RINGING) Curtis.
Yeah.
Figures.
Yeah, we'll try.
Okay.
Well, so much for the cavalry.
LT says we have until then she's gotta cut Stokes loose.
So where do you want to start? (SIGHS) The pizza joint.
Maybe Berry came in for his slice-a-day.
Lennie, we don't have all day.
Come on.
You gonna beat me in the head, huh? What I look like ratting somebody out? What are my dogs gonna say in the street? Nah, I ain't putting the finger on nobody.
We'll see about that.
That's her.
Listen, man, it's too bad what happened, all right, but stuff happens.
Not stuff like this.
After he tried to choke her, this bastard dumped a can of roach spray down her throat.
That's besides what he did when he violated her.
He tore her up.
BRISCOE: Even if she comes to, she's never gonna have a life.
Ten years old and she's finished.
I don't know.
Come on, man, take a look at her.
Look at how small and fragile she is.
You gotta see how this is wrong.
We can't let this monster do this to another little girl.
Okay.
What I gotta do? Take your time.
Look at each photo carefully.
Yeah.
CURTIS: You like this guy? BERRY: Him? Uh, yeah, yeah.
Take a close look.
Mmm-hmm Yeah, yeah I like him.
Is that the man you saw with Malika Richardson? If it is, just say so.
Yeah.
Yeah, yeah, that's him.
I mean, that's the dude I saw with the girl.
Outside the pizza parlor? You got it.
Okay, send Profaci down to the hospital to grab up Stokes, and get with the judge for a search warrant.
Nice work, Calvin.
The police found some borderline kiddie porn, but nothing that connects him to Malika.
You have an ID, go to the grand jury.
It's thin, Adam.
Hardly enough to hold him, let alone indict.
I'm not going to the people in Harlem empty-handed.
Tell them we got a suspect in custody.
They know what that means.
I'm not going to insult their intelligence.
They've always been loyal to me.
And they vote.
Yes, they vote.
I want you to go to the police.
You tell them to do what they have to to get a confession from Mr.
Stokes.
Whatever they have to? And tell them we're behind them 100%.
Detective Spivak.
Yeah, that's right.
What time? Okay, tell him Lennie Briscoe called from the 27.
Yeah.
It's about Eddie Soto.
Thanks.
Lennie.
McCoy just called.
He said, "Take Stokes in a room" "and don't come out until you get a statement from him.
" Am I hearing right? Mmm-hmm, he said you get the statement, he'll make sure it holds up.
All right, make yourself comfortable.
Not that chair.
That one's mine.
This one's yours.
I don't like that chair, it wobbles.
I'm sorry, but this is where you sit.
You know, the doctor took some X-rays, but he never told me what they saw.
Oh, he told us you're gonna live forever.
So what am I doing back here? Well, technically you're under arrest, but we're gonna try to get you out as fast as we can.
You thirsty? Under arrest 'cause of that girl? It wasn't our idea.
The word came down from upstairs.
But I didn't rape Whoa, whoa, whoa, whoa.
Wait a minute, now.
We want to hear your side of it, but first we gotta go through the formalities.
Then we can straighten this whole thing out.
Yeah, now the first thing is you know you got a perfect right not to talk to us.
That's a two-way street, Owen.
You invoke that right, then we can't tell you what we know.
What's that? What do you know? Well, we'll have a conversation about that after you sign off on these rights.
Now, the second item you probably know by heart from watching the movies.
I got a right to a lawyer.
That's right.
And all that other crap about how we have to provide a lawyer for you if you can't afford one.
You know that, right? Yeah.
But what about that lawyer I asked for this morning? Well, you remember what we talked about, yeah? A lawyer's just gonna make this whole process real hard on you.
I mean, if you don't want to put your cards on the table, that's fine, but then we don't put our cards down, either.
And I'll tell you what I know from police work, Owen, an innocent man's got nothing to hide.
BRISCOE: So, you want to have a conversation? Okay.
All right, just sign right here on the bottom and we're off to the races.
BRISCOE: Okay.
Now, what did you want to tell us? I never even been near that girl.
Never even been to the Jefferson Houses.
Never? Come on, Owen, we can check that out.
Okay, I used to have a friend who lived there, but that was six years ago.
Good.
Just don't lie to us.
So, what building did your friend live in? Building C.
Now, Saturday afternoon, Owen, I'm sure you remember where you were.
I was at a clinic.
Where? I don't know.
Some walk-in in the Village.
Where in the Village? I don't know.
I didn't know the neighborhood.
But my leg was hurting, so I stopped in and I got some pills.
So, what about this fascination with little girls? I don't got no fascination.
No? What about all this stuff we found in your apartment? "Summer of Innocence," huh? What about that? That's an art book.
I got it at the Barnes & Noble.
What about this? Children's bathing suit catalogue? I got nieces.
They got birthdays coming up.
Their parents know you were convicted of loitering near a schoolyard? I There wasn't nothing to that.
Come on, Owen.
I read the report.
You approached two little girls and you asked them to help you find your lost kitten.
Where'd you ask them to look? In your pants? No, I ain't like that.
(EXCLAIMING) What'd I tell you about lying, huh? Please don't hurt me.
We don't have to do the hurting, Owen.
We're gonna put you in the Tombs tonight.
In the general population.
They watch the news.
They know your face.
They know what you're being charged with.
You think those people on the street were rough on you? They were just trying to kill you.
Those cons in the Tombs, they're not gonna be so merciful.
They're gonna take their time with a short-eyes like you.
You can't put me in there.
BRISCOE: That's up to you, Owen.
If you did something that warrants us putting you in protective custody, now's the time to tell us.
I didn't do that girl.
Well, then, we can't justify the expenses to protect you.
You're gonna fend for yourself, Owen.
No, come on, now.
Just give us something we can write down on the requisition.
Okay.
I got this thing for young girls.
BRISCOE: That's not gonna do it, Owen.
You gotta be more specific.
CURTIS: Spell it out, Owen.
You had a thing for Malika, yeah? Yeah, okay.
Her, too.
Just thinking about it won't do it, Owen.
Okay.
I touched her.
And? And? I did it with her.
And afterward? You felt ashamed, yeah? You had to get rid of her.
That's why you tried kill her.
You gotta say the words, Owen, or we can't help you.
(SOBBING) Oh, God.
Please, I can't.
Okay.
I tried to kill her.
Okay, that's it, now.
That's it.
Okay, Owen.
We're gonna put you in protective custody.
Thank you.
Don't mention it.
ROSS: Do you recognize anyone, Mr.
Castillo? CASTILLO: Yeah.
The second guy from the left.
VAN BUREN: Where do you recognize him from? From the projects.
The day the girl got attacked.
You read the papers, Mr.
Castillo? I saw this guy on my way to meet the engineer.
There was a broken boiler that day, okay? What time was that? (SIGHS) I don't know, around 1:30.
JACK: Stokes confessed.
We have witnesses placing him at the library, the pizzeria and the projects.
Forensics? No luck there.
But he has a conviction for loitering on school grounds.
Well, no plea bargains.
Mr.
McCoy.
My pleasure.
Talk to Public Affairs.
Tell them to put out a press release immediately.
Lucky for everyone Malika was raped just in time for the election.
Motion to suppress Stokes' statements to the police.
He says he invoked his right to counsel.
He only said he wanted a lawyer the first time we talked to him.
JACK: What about the second time? He mentioned a lawyer.
It wasn't really a request.
What was it? Let's say it was an allusion to a lawyer.
Lennie and Rey threw some double talk at him, and he dropped it.
They get on the stand and start playing word games and we're going to lose his admissions.
Not if everyone does their job.
A suspect requests a lawyer, you can't question him.
First week, Police Academy.
He didn't make a request.
You wanted the guy, we got him for you.
Make it stick.
(DOOR OPENS) (DOOR CLOSES) We lose his statements, it'll hurt.
Uh-huh.
Did you hear what I said? Yeah, sure.
We'll be fine.
Pull out People v.
Davis.
OWEN: I said I wanted to see a lawyer, but they said I had to see a doctor first.
In your mind, Mr.
Stokes, were you free to leave the precinct? No.
How could I be? They wouldn't let me go.
Police officer took me to the hospital.
Sat around the emergency room for five or six hours, then the detective took me back to the precinct.
Did the police start questioning you again? Yeah.
That's when they told me my rights.
I told them I wanted to see a lawyer again, but they wouldn't listen.
What do you mean, they wouldn't listen? They said if I didn't talk to them, they was gonna send me to the general population and tell them I attacked that little girl.
So you signed the Miranda waiver and spoke to them? What else could I do? Nothing further.
JACK: When you first went with Detectives Briscoe and Curtis, you went voluntarily? It was that, or get killed by that crowd.
And once you were in the precinct, the police told you that you were not under arrest? Well, that's what they said.
Sometime later, the police arranged for you to go to the hospital like they promised? With a police officer.
Were you handcuffed? No.
And when you returned to the precinct, you were advised of your rights, and you signed a waiver? Yeah.
And the only time you said anything about a lawyer was when you asked, "What happened to that lawyer I asked for this morning?" Something like that.
And after you signed the waiver, you confessed to raping Malika Richardson? No, I just said that so I wouldn't get killed in jail.
The cops wouldn't listen.
They ain't no better than the people who was beatin' me.
I told them I was on 125th Street when the little girl got raped.
They just kept hitting me.
Nobody believes me.
Mr.
Stokes requested medical attention, and the police accommodated him by sending him to the hospital with an officer.
Even if you buy that, Your Honor, when my client was returned to the precinct, he was in custody.
At which time, even the defendant acknowledged that he never specifically requested a lawyer.
The police confused my client.
They double-talked him out of his rights.
The police are allowed to use cunning, even deceit, in an interrogation.
Mr.
McCoy is making an end run around Miranda, Your Honor.
And a very adept one, at that.
Since Mr.
Stokes was technically not in police custody when he initially asked for the lawyer, his reference to that admission was ineffective.
You're gutting the Fifth Amendment here, Your Honor.
If you keep moving back the line, Miranda becomes meaningless.
And maybe it's high time someone took the pruning shears to Miranda.
The victims have some rights, too, Mr.
Kusevitsky.
Mr.
Stokes' confession is admissible.
ADAM: When do you have to appear? Two weeks from Monday.
Day before the primary.
Am I interrupting? Just leaving.
You should hear this.
Later.
Stokes told the police he was at a clinic somewhere in the Village when Malika was attacked.
At the hearing, he testified he was on 125th Street.
He's brewing up an alibi.
Is there a clinic on 125th? Check into it.
Last thing I need is another October surprise.
Another October surprise? Gary Feldman made good on one campaign promise.
He made a misconduct complaint to the Disciplinary Committee.
"Adam Schiff has clearly lost control of this loose cannon," "proving he can no longer effectively supervise his staff.
" Sounds like routine mud-slinging.
I'm the loose cannon.
Remember that drunk driver we prosecuted for murder? The Dressier case.
The flight attendant? Nothing to lose sleep over.
First thing tomorrow, look into this alibi.
I'm not supposed to give any information about our patients.
We know Mr.
Stokes comes here.
Then why are you asking me? We're checking on his alibi.
Alibi? What do you mean? Did he do something to a little kid? That's our allegation.
How'd you know? He was here Saturday at 1:30 for his regular appointment.
For an injection of Depo Provera.
You know what that is? It's an experimental drug for sex offenders.
Is Stokes getting it under a court order? Voluntary.
Legal Aid lawyer set him up for treatment.
Guess it didn't take.
Maybe it did.
I spoke to Skoda about the Depo Provera.
In the dosage that Stokes was taking, it's highly effective in reducing aberrant sexual drive.
Reducing.
There are cases where the compulsion to act overcame the drug.
The fact that he's taking the stuff is no accident.
He's a pedophile.
Stokes scares me, too, Jack.
But what scares me more is that we might convict him and leave the real monster on the street.
We have two IDs.
One's from a convicted drug dealer who made a shaky identification.
Which was corroborated by the security guard.
Isn't he a straight shooter? Mr.
Castillo.
His timeline's out of kilter.
He couldn't have seen Stokes when he says he did.
Castillo said he was meeting with the boiler repair man that day.
Yep.
April 19th, and I started at 1:25.
It took me two hours to fix the damn thing.
I had to get into the storage area next to boiler room to check the I-collar.
Castillo had the keys.
He disappeared on me.
How long was he gone? I want to say a half hour.
I couldn't get in to check the pipe.
So, what's back there? You got supplies, back exit.
Hey, there's some mean mother rats in there.
Now you tell me.
(RATS SQUEAKING) So, before he left, Castillo was with you? Yeah.
BRISCOE: Rey! Look at this.
Roach spray.
CURTIS: Same lot number.
Looks like Castillo's our guy.
We're picking up the security guard.
Are you sure this time that this is our man? Mr.
Castillo has an arrest for sexual assault in Virginia.
How did he get hired as a security guard? He was never convicted.
I want this wrapped up before Feldman gets his teeth into it.
Be tough to hit a home run after we accused the wrong guy.
Home run? Just try for a base hit.
We need to dismiss the Stokes indictment before we arraign Castillo.
I'll advance the case.
Good.
I got a letter today.
The Disciplinary Committee wants me to testify.
The matter of Feldman v.
McCoy.
I went to law school with a woman who specializes in this kind of thing.
It's okay.
I'm covered.
The bottom line, Feldman's hands are as dirty as yours.
The Disciplinary Committee won't give a damn.
This is about me, not him.
From what you told me on the phone, you haven't done anything wrong.
That's a generous reading.
I advised the flight attendant's employer that if she remained in Colombia, she could avoid our subpoena.
You mentioned that the District Attorney doesn't have jurisdiction over a witness in a foreign country.
You can spin it all you want.
It can still be construed as prosecutorial misconduct.
Maybe even obstruction of justice.
A statement of fact.
I know what was in my heart.
Wait, your heart? Is this This is what's hanging you up? I wanted vengeance.
I broke my oath.
I nearly sent a man to the death chamber.
Hey, hold it, hold it.
Now, the key word here is nearly.
In the end, you came clean.
No harm, no foul.
Anyway, the Disciplinary Committee doesn't know what was in your heart.
They're bound to ask me what I was thinking.
(CHUCKLES) I thought I'd dodged the bullet.
There's no one else that knows for sure what you intended, right? Jamie Ross knows.
(SIGHS) In my opinion, I don't see you getting disbarred over this.
If I get any kind of reprimand or suspension, Adam'll take the hit on election day.
You can always quit.
You're moving to dismiss, Mr.
McCoy? That's right, Judge Feldman.
State your reasons for the record, please.
JACK: The People can't prove the case against Mr.
Stokes beyond a reasonable doubt.
More accurately, the bumblers in the D.
A.
's office prosecuted the wrong person.
Mr.
Stokes, my apologies to you.
I recommend at this point you speak to a civil attorney.
The indictment is dismissed.
You're free to leave.
(GAVEL BANGING) You've indicted another suspect? Jesse Castillo.
Has this Mr.
Castillo been arraigned? He's in the bullpen now for arraignment in Part Eleven.
Get him up here now.
Who's representing Mr.
Castillo? CONSIDINE: I am, Judge.
Mark Considine.
I'm here to observe the dismissal motion.
Step up, Mr.
Considine.
I'm gonna arraign your client right here.
Your Honor Quiet, Mr.
McCoy.
I want this case assigned to this part for trial.
With all due respect, Your Honor, you can't handpick your cases.
They're put into the wheel.
This one don't.
This is Castillo? Yes, Your Honor.
Mr.
Castillo, you're charged with Rape in the First Degree and Attempted Murder in the Second Degree.
How do you plead? Not guilty.
Well, well, look who found his way back to the judge's corridor.
It's improper for you to take the Castillo case.
When you get a seat on the appellate bench, then you can tell me what's improper.
You brought a complaint against me.
How can I expect a fair shake in your courtroom? Still questioning my impartiality? No.
Your ethics.
You're using a 10-year-old rape victim to advance your political ambitions.
Before I get a couple of court officers to throw you out of here, let me tell you something, McCoy.
I'm gonna be all over your ass on this case.
You screw up, I'll come down on you like a ton of bricks.
So Feldman's turning this into a personal vendetta.
It's a tough case even without Feldman.
We've got two witnesses who ID'd the wrong guy.
We still have the roach spray in Castillo's work area.
Yeah, which 1,500 residents had access to.
We may not even have enough to force Castillo to take a plea, let alone take him to trial.
Tell Briscoe and Curtis to put on a full-court press.
Somebody must have seen him talking to the girl prior to the assault.
Okay? Sure.
Jack, I'm leaving the D.
A.
's office.
No.
(CHUCKLES) It's the only way I can fight Neal on Katie's custody.
And still get married? You can beat it.
(EXHALES) I'll finish out this case.
I'm sure you'll be happy.
David's a great guy.
(SIGHS) You know, I've had some problems with some of our cases.
No explanations necessary, Jamie.
And that Disciplinary Committee thing, you don't owe me anything.
Go out like you came in.
I appreciate that.
(DOOR OPENS) (DOOR CLOSES) Smart lady.
Says what's on her mind.
Always respected that.
I hope you still do after she testifies at the Disciplinary Committee.
Only two ways she can go.
Back you up or burn her bridges.
I can head it off, Adam.
I'll resign.
I've had a good run here, up until now.
I don't want to be a liability.
Don't get weepy on me.
I'm not Nixon, you're not Erlichman.
I won't accept your resignation.
Feldman has only just started up on this.
I'll take the heat.
On top of everything, the Castillo case is crashing.
He's gonna pile it on, Adam.
Feldman is out of your control.
Get your head back into this case.
We can't lose sight of what we're doing here.
Whatever else happens, I want that creep locked up.
YVONNE: I don't remember him.
The security company's always bringing new people in.
Did you ever hear Malika mention his name? No.
How could they hire somebody like this to watch over us? To watch over my baby? JACK: Doctor.
Is there any chance Malika will come out of her coma? We tell the family there's always a chance.
But realistically There's enough brain function to sustain life.
Beyond that is wishful thinking.
Jamie, I'd like to talk to Dr.
Charters alone for a minute.
Doctor, you'll probably get a call from an attorney named Considine.
He represents Jesse Castillo.
He'll ask you about Malika's condition.
I'd like you to tell him that Malika's become aware of her surroundings and the chances of recovery are good.
I know what I'm asking you to do.
Good.
Then you know why I can't.
You know more than anyone what was done to that little girl.
Yes.
But I have an ethical duty.
So do I.
Mine is stopping monsters like Jesse Castillo, and yours is keeping more Malika Richardsons from turning up in your emergency room.
Put Malika Richardson on the witness list.
Considine will call her doctor.
I know.
Jack, are you sure? In for a dime, in for a dollar.
Put her on our list.
Send it to Considine.
I was surprised to hear from you, Mr.
Considine.
Ms.
Ross sent over your discovery.
Your case is a little stronger than I thought.
What are you looking for? My client will plead to rape one to cover.
Six-to-twelve.
Twelve-and-a-half-to-25.
That's the maximum.
It's a slap on the wrist.
There shouldn't be a maximum for what you did.
You go to trial, and you'll do consecutive twelve-and-a-halves.
I don't know.
You'd rather face Malika in court? All right.
I'll take it.
Let's hear it, Mr.
Castillo.
Look, I'm saying I did it, man.
Can we just leave it at that? I want the whole story.
(SIGHS) I met the girl on my way to work.
Said I'd buy her some pizza if she brung me back the change.
Told her I'd meet her in Building B.
When she came back, I took her down to the basement.
I took her clothes off.
I don't know.
I thought she liked me.
You know the rest.
And you took the roach spray to kill her? This is unacceptable.
Twelve-and-a-half-to-25.
It's as good as I would've gotten at trial.
No.
I was ready to impose consecutive terms.
Assuming he was found guilty.
You know the case was weak.
That's your burden.
You haven't got the guts to put it in front of a jury.
I'm just not stupid enough to play in a rigged game.
I'll ignore that.
Besides, what are you whining about? I heard your victim regained consciousness.
She's on the witness list.
She can identify Castillo, no? (CHUCKLES) Another fast one, huh, McCoy? Don't worry about me, Judge.
You're signing off on this plea.
You forget who you're speaking to, pal.
If you force this case to trial and we lose, it'll be your ass, Judge.
Adam Schiff will make sure that whenever the voters think of you, they also think of Jesse Castillo and his roach spray.
If you think you can blackmail me You don't have a choice.
Couldn't you at least wait till I finish dinner? (LAUGHS) Well, if shaking hands with Al Sharpton couldn't spoil your appetite.
What do you want, Carl? To offer my congratulations to you.
This may be the last time I have occasion to.
Congratulations for what? Jesse Castillo.
Your man, McCoy, piled the sandbags high and deep around Feldman.
Just doing his job.
Well, come what may next week, no hard feelings, old friend.
Why you'd risk putting the District Attorney's office in the hands of that twerp is beyond me.
No personal grudge can excuse it.
Good luck at the polls.
You seen this? "Feldman predicted to win primary.
" Predicted by who? His mother? Tomorrow night, we'll know if she's right.
Aren't you going to appear before the Disciplinary Committee this afternoon? Uh-huh.
Shouldn't you be preparing? Well, I shredded all the documents, erased the tapes, paid off the witnesses.
I'm covered, Adam.
Too bad the Committee doesn't share your sense of humor.
Good luck.
Right back at you, Adam.
(RABBI SPEAKING FOREIGN LANGUAGE) RABBI: May the one who makes peace send peace to all who mourn and give comfort to all the bereaved among us.
And let us all say Amen.
ALL: Amen.
Thank you very much, Rabbi.
I'll see you at your brother's.
(SIGHS) (EXHALES) Lennie Briscoe? Harry Spivak.
Oh.
Hi.
Sorry about your daughter.
Yeah.
Do you want to talk here? In my car.
The blue sedan over there.
Give me a couple of minutes.
Sure.
NEWTON: Remember, any question you don't want to answer Whether I like the question or not, I'm going to answer it.
Jack, what are you doing? Relax, Carter.
It's my career.
(DOOR OPENS) MAN: Mr.
McCoy, the Committee is ready for you.
These are their stories.
TROY: Why did Sylvester die? ANDRES: Just got sick.
Why don't you take him to the doctor? No doctor's gonna look at a guinea pig.
Can't make no grave down here.
No, we're gonna burn him up with the garbage.
Sylvester's gonna be cremated.
Uh-oh.
Two little kids from the building found her.
They were coming down here to get rid of a dead pet.
This a public area? Not supposed to be, but the lock on the door, it's been broken for, what, since Christmas? BRISCOE: This place is a trap.
The girl live here? I never saw her before, but one of the kids told me she lives in Building C across the way.
Anybody in the neighborhood been bothering the kids? Oh, no, no, no, no, nothing like that, sir.
Okay, stick around.
EMS says forcible sexual assault.
She was beaten really badly.
Might not make it.
The girl was how old? Ten, 11 tops.
Pants were torn off, jacket collar's ripped.
Guy was in a hurry.
Left her backpack.
"CURTIS: âParables of the Old Testament.
" Bible.
"Malika Richardson.
" BRISCOE: What's that smell? Insecticide.
Roach spray.
Perp emptied half the can into her mouth.
Won't find that in the Old Testament.
What hospital is she at? St.
Mark's.
The officers will give you a ride.
What happened? Was she raped? It's possible.
That's for the doctors to tell us.
Look, we're gonna need a recent picture of Malika.
Okay.
When was the last time you saw her? She went to bible class this morning.
She called after class to get permission to go to the public library with her friend Fiona.
Did she ever mention anyone hassling her? No.
What floor is Fiona on? She lives downstairs on eight.
(SOBBING) It's my fault! I shouldn't have let her out alone! Me and Malika came home together.
BRISCOE: Did anybody talk to you or follow you home? No.
Did you come up in the elevator together? FIONA: Yes.
Was anybody on the elevator with you? No, she got off safe.
CURTIS: Fiona, Malika lives on 11.
You get off before her.
Listen to me, sweetheart.
No matter what, you're not in any trouble, I promise.
Yes, I am.
We're not allowed to walk home by our self.
Did you leave Malika alone someplace? At the library.
We went to do our school report on Rosa Parks, but I got a stomachache, so I came home.
Yeah, she was in here this afternoon.
I usually don't see her on weekends.
Something happen to her? Big time.
Was anybody with her when she left? She came in with her friend.
No, no, but she left by herself.
Maybe somebody followed her outside.
Somebody like who? Somebody like the guys who come in and pretend to read books.
Oh.
Those guys.
Yeah, there's a couple of them.
Chico and What's-his-name Owen.
Yeah.
I didn't see either of them today, though.
They usually come in on the weekdays.
When the kids are here after school.
I see what you're saying.
We're gonna need you to come down to the precinct, talk to a sketch artist and look at a few mug shots.
Sure.
And is there any way we can get a list of everybody who borrowed a book today? I can get one from the librarian for you.
Can Henry come to the phone? Well, have him call us back.
Hospital called, girl's still in a coma.
Any news on the rape kit? Still waiting.
Latent came up negative on the spray can.
It was wiped clean.
You check the lot number? CURTIS: Stuff's only available to the trade.
It was shipped to the New York area about four years ago.
Impossible to trace which supply house.
The library guard? Couple of nice sketches, but he couldn't pick his resident pervos out of the sex offender books.
Well, show the sketches around the project.
Whoa.
You want us out on the street, or you want us to make library calls? I want you finding this doer.
CURTIS: We got about a hundred more names on the printout, plus the call-backs.
We could use 10, 12 more bodies on this.
All right, give the printout to Profaci, I'll put in for some more help.
(PHONE RINGING) Curtis.
Uh-huh.
LT, hold on.
Yeah.
Go ahead.
Uh-huh.
Thanks.
Forensics.
No fluids, no fibers on the clothing.
Same deal with the rape kit.
So much for a DNA hit.
They found a paper napkin in the girl's jacket pocket with stains on it.
Olive oil and tomato sauce.
She stopped for a slice.
We get a lot of kids on Saturday.
You know what she was wearing? Red pants, purple jacket, braided ponytail.
Slice and a Yoo-hoo.
(LAUGHS) Real polite, paid with a 20.
You sure about the $20? Yeah, 10-year-old kid with a $20 bill? Was anybody with her? I don't think so.
She didn't have the change in her pocket.
Maybe the perp bought her a pizza and waited outside for her.
When she was in there, you remember any other customers? Let me see C-Berry usually come in around then.
That's his corner.
He a drug dealer? He's just a lookout for somebody else.
Has a slice for lunch every day, takes out one large pie almost every night.
A Hawaiian with extra pineapple.
Yeah, all I'm saying is keep Shorty there until I get If you gonna arrest me, arrest me, all right? I took care of all my warrants.
Don't worry about that.
We're not looking for you.
What's your real name? (LAUGHS) What's that, a trick question? Calvin Berry.
Calvin, who likes extra pineapple on his pizza? Say what? This girl came in the pizza shop yesterday.
Man, I can't be talking to you.
BRISCOE: Hey, Calvin, come on into my office.
Now, do you remember this girl? Hey, man, I'm not real observant.
I tell you what, Calvin, look at this.
Now, this is a get-out-of-jail-free card if you help us.
She bought herself a slice.
She alone? Some guy was with her.
All right.
Now, concentrate.
Try real hard.
(SIGHS) Him.
You know who he is? He ain't from around here, I would have seen him before.
The lookout ID'd one of the sketches.
Puts the guy with Malika outside the pizzeria.
Yeah, we figure the guy lives near the library.
If we got those bodies you promised, we could do a hard canvass of the neighborhood.
Well, I'm still waiting to hear.
What the hell's going on, LT? Look, instead of bitching, let's get some help.
What about the papers? Come on, they ran the story on page 36.
They probably figure their readers don't care what happens above 110th Street.
Oh, is that right? Well, maybe I should talk to them.
Hey, partner, check it out.
Page three.
PROFACI: Hey, Lennie.
One of your snitches called.
Eddie Soto.
He say what he wanted? He's in Rikers.
He wants you to come see him ASAP.
Maybe he saw the paper.
What little girl? I need a personal favor.
I'm jammed up on a burglary.
I can't help you out, Eddie.
This Detective Spivak put a burg two on me.
He don't even have me inside the joint.
That ain't playing fair, Lennie.
Hey, I read the arrest report.
You're in the car with burglary tools and the stolen goods a half-hour after the radio run.
I borrowed the car.
All right, a couple of misdemeanors.
Bullets back to back.
I can live with that.
Yeah, I know, you can do two years standing on your head.
Hey, if I blow trial, I'm a third-time felon.
My legal aid tells me I'm mandatory persistent.
Lennie, minimum.
Tough break.
You gotta talk to that Spivak guy who grabbed me.
I don't even know him.
You know something? If that stolen property should happen to get lost, they can't prove no burglary.
Now, I'm out of here.
You get me out of this and I'll take care of that guy who did your daughter.
Yeah, Danny Jones.
Nice clean job, Lennie, and nobody's gotta know.
(PAGER BEEPING) What happened here? (CROWD CLAMORING) Anonymous caller says this crowd of good Samaritans found our perp.
Patrol cars got here just in time to save his ass.
What's your name? Stokes.
Owen Stokes.
You own a library card, Owen? What are you talking about? You live in the neighborhood? Yeah, around the corner.
What's up with these people? They was gonna kill me.
They think you did that little girl over in the Jefferson Houses.
Me? What for? Look, I'm bleeding.
I think my ribs are broken, I gotta go to a hospital.
Yeah, well, we got a stop to make before we take you to the hospital.
(WHIMPERING) That aspirin 's not cutting it, man.
My jaw's starting to hurt.
It's all your damn fault, tagging me as some kind of pervert.
Here's your chance to clear everything up, Owen.
Why don't you just tell us where you were Saturday afternoon? I want to get with a lawyer.
Forget about a lawyer.
You're not under arrest.
I'm not? CURTIS: No.
You can walk out of here anytime you want.
BRISCOE: Well, soon as the doctor says it's okay.
I gotta wait for a doctor? Oh, sure.
I mean, we just let you walk out of here and you keel over from some brain injury, we could get sued.
Well, when's the doctor gonna get here? You know doctors.
You could grow a tumor time it takes one to get around to you.
I ain't gonna spend the whole day here.
Of course not.
So, about Saturday afternoon.
No.
I want to get with a lawyer.
Don't you want to clear your name? Because once you talk to a lawyer, no one's gonna believe anything you say.
That's just human nature, Owen.
I don't trust what anybody says after they've been with a lawyer.
I don't know, man.
I just better not say anything.
Profaci called in.
Berry's not working his corner, so he can't find him.
This hump's gonna run as soon as he hits the fresh air.
We gotta keep him here till Berry comes in for an ID.
Well, we can send him to the hospital with a uniform, but I don't see stalling him past tonight.
You expect us to find Berry by then, we're gonna need some help.
What about the cavalry? They due anytime soon? (SIGHS) Five more teams for one shift.
That's all I need.
Can't spare them.
I bet if this was some you'd be out there ringing the doorbells yourself.
This has nothing to do with race.
Then it's me.
My lawsuit.
Anita, don't get emotional.
Are you all so petty that you would endanger the lives of the people who count on us to protect them? Petty? The Department has better ways to spend its resources than defending itself against petty lawsuits.
I was within my rights.
The Department promoted a white woman with less seniority.
Maybe you all forgot, but we can sit at the lunch counter now.
That's crap.
People stuck their necks out to help you get where you are, Anita.
You should be grateful.
Grateful? No, no, no, no.
I worked hard to get where I am.
I'm appreciative, yes.
And I can carry myself the rest of the way if you give me the chance.
As far as the Department's concerned, you had your chance.
All right, fine.
I'll step aside.
Reassign someone else to the case.
Just put extra people on the street.
Can't do that either.
Then what? They want you to resign, Anita.
Of course, they can't make you, so you can stay and keep banging your head against the wall, but the wall is gonna stay there.
CURTIS: Come on, Lennie.
You've seen Danny Jones standing, you've seen him sitting, now he's leaning.
You need to see any more? I'll let you know.
I mean, what good's it doing? Mallory'll make the case against Jones.
It's just a matter of time.
Right.
(CELL PHONE RINGING) Curtis.
Yeah.
Figures.
Yeah, we'll try.
Okay.
Well, so much for the cavalry.
LT says we have until then she's gotta cut Stokes loose.
So where do you want to start? (SIGHS) The pizza joint.
Maybe Berry came in for his slice-a-day.
Lennie, we don't have all day.
Come on.
You gonna beat me in the head, huh? What I look like ratting somebody out? What are my dogs gonna say in the street? Nah, I ain't putting the finger on nobody.
We'll see about that.
That's her.
Listen, man, it's too bad what happened, all right, but stuff happens.
Not stuff like this.
After he tried to choke her, this bastard dumped a can of roach spray down her throat.
That's besides what he did when he violated her.
He tore her up.
BRISCOE: Even if she comes to, she's never gonna have a life.
Ten years old and she's finished.
I don't know.
Come on, man, take a look at her.
Look at how small and fragile she is.
You gotta see how this is wrong.
We can't let this monster do this to another little girl.
Okay.
What I gotta do? Take your time.
Look at each photo carefully.
Yeah.
CURTIS: You like this guy? BERRY: Him? Uh, yeah, yeah.
Take a close look.
Mmm-hmm Yeah, yeah I like him.
Is that the man you saw with Malika Richardson? If it is, just say so.
Yeah.
Yeah, yeah, that's him.
I mean, that's the dude I saw with the girl.
Outside the pizza parlor? You got it.
Okay, send Profaci down to the hospital to grab up Stokes, and get with the judge for a search warrant.
Nice work, Calvin.
The police found some borderline kiddie porn, but nothing that connects him to Malika.
You have an ID, go to the grand jury.
It's thin, Adam.
Hardly enough to hold him, let alone indict.
I'm not going to the people in Harlem empty-handed.
Tell them we got a suspect in custody.
They know what that means.
I'm not going to insult their intelligence.
They've always been loyal to me.
And they vote.
Yes, they vote.
I want you to go to the police.
You tell them to do what they have to to get a confession from Mr.
Stokes.
Whatever they have to? And tell them we're behind them 100%.
Detective Spivak.
Yeah, that's right.
What time? Okay, tell him Lennie Briscoe called from the 27.
Yeah.
It's about Eddie Soto.
Thanks.
Lennie.
McCoy just called.
He said, "Take Stokes in a room" "and don't come out until you get a statement from him.
" Am I hearing right? Mmm-hmm, he said you get the statement, he'll make sure it holds up.
All right, make yourself comfortable.
Not that chair.
That one's mine.
This one's yours.
I don't like that chair, it wobbles.
I'm sorry, but this is where you sit.
You know, the doctor took some X-rays, but he never told me what they saw.
Oh, he told us you're gonna live forever.
So what am I doing back here? Well, technically you're under arrest, but we're gonna try to get you out as fast as we can.
You thirsty? Under arrest 'cause of that girl? It wasn't our idea.
The word came down from upstairs.
But I didn't rape Whoa, whoa, whoa, whoa.
Wait a minute, now.
We want to hear your side of it, but first we gotta go through the formalities.
Then we can straighten this whole thing out.
Yeah, now the first thing is you know you got a perfect right not to talk to us.
That's a two-way street, Owen.
You invoke that right, then we can't tell you what we know.
What's that? What do you know? Well, we'll have a conversation about that after you sign off on these rights.
Now, the second item you probably know by heart from watching the movies.
I got a right to a lawyer.
That's right.
And all that other crap about how we have to provide a lawyer for you if you can't afford one.
You know that, right? Yeah.
But what about that lawyer I asked for this morning? Well, you remember what we talked about, yeah? A lawyer's just gonna make this whole process real hard on you.
I mean, if you don't want to put your cards on the table, that's fine, but then we don't put our cards down, either.
And I'll tell you what I know from police work, Owen, an innocent man's got nothing to hide.
BRISCOE: So, you want to have a conversation? Okay.
All right, just sign right here on the bottom and we're off to the races.
BRISCOE: Okay.
Now, what did you want to tell us? I never even been near that girl.
Never even been to the Jefferson Houses.
Never? Come on, Owen, we can check that out.
Okay, I used to have a friend who lived there, but that was six years ago.
Good.
Just don't lie to us.
So, what building did your friend live in? Building C.
Now, Saturday afternoon, Owen, I'm sure you remember where you were.
I was at a clinic.
Where? I don't know.
Some walk-in in the Village.
Where in the Village? I don't know.
I didn't know the neighborhood.
But my leg was hurting, so I stopped in and I got some pills.
So, what about this fascination with little girls? I don't got no fascination.
No? What about all this stuff we found in your apartment? "Summer of Innocence," huh? What about that? That's an art book.
I got it at the Barnes & Noble.
What about this? Children's bathing suit catalogue? I got nieces.
They got birthdays coming up.
Their parents know you were convicted of loitering near a schoolyard? I There wasn't nothing to that.
Come on, Owen.
I read the report.
You approached two little girls and you asked them to help you find your lost kitten.
Where'd you ask them to look? In your pants? No, I ain't like that.
(EXCLAIMING) What'd I tell you about lying, huh? Please don't hurt me.
We don't have to do the hurting, Owen.
We're gonna put you in the Tombs tonight.
In the general population.
They watch the news.
They know your face.
They know what you're being charged with.
You think those people on the street were rough on you? They were just trying to kill you.
Those cons in the Tombs, they're not gonna be so merciful.
They're gonna take their time with a short-eyes like you.
You can't put me in there.
BRISCOE: That's up to you, Owen.
If you did something that warrants us putting you in protective custody, now's the time to tell us.
I didn't do that girl.
Well, then, we can't justify the expenses to protect you.
You're gonna fend for yourself, Owen.
No, come on, now.
Just give us something we can write down on the requisition.
Okay.
I got this thing for young girls.
BRISCOE: That's not gonna do it, Owen.
You gotta be more specific.
CURTIS: Spell it out, Owen.
You had a thing for Malika, yeah? Yeah, okay.
Her, too.
Just thinking about it won't do it, Owen.
Okay.
I touched her.
And? And? I did it with her.
And afterward? You felt ashamed, yeah? You had to get rid of her.
That's why you tried kill her.
You gotta say the words, Owen, or we can't help you.
(SOBBING) Oh, God.
Please, I can't.
Okay.
I tried to kill her.
Okay, that's it, now.
That's it.
Okay, Owen.
We're gonna put you in protective custody.
Thank you.
Don't mention it.
ROSS: Do you recognize anyone, Mr.
Castillo? CASTILLO: Yeah.
The second guy from the left.
VAN BUREN: Where do you recognize him from? From the projects.
The day the girl got attacked.
You read the papers, Mr.
Castillo? I saw this guy on my way to meet the engineer.
There was a broken boiler that day, okay? What time was that? (SIGHS) I don't know, around 1:30.
JACK: Stokes confessed.
We have witnesses placing him at the library, the pizzeria and the projects.
Forensics? No luck there.
But he has a conviction for loitering on school grounds.
Well, no plea bargains.
Mr.
McCoy.
My pleasure.
Talk to Public Affairs.
Tell them to put out a press release immediately.
Lucky for everyone Malika was raped just in time for the election.
Motion to suppress Stokes' statements to the police.
He says he invoked his right to counsel.
He only said he wanted a lawyer the first time we talked to him.
JACK: What about the second time? He mentioned a lawyer.
It wasn't really a request.
What was it? Let's say it was an allusion to a lawyer.
Lennie and Rey threw some double talk at him, and he dropped it.
They get on the stand and start playing word games and we're going to lose his admissions.
Not if everyone does their job.
A suspect requests a lawyer, you can't question him.
First week, Police Academy.
He didn't make a request.
You wanted the guy, we got him for you.
Make it stick.
(DOOR OPENS) (DOOR CLOSES) We lose his statements, it'll hurt.
Uh-huh.
Did you hear what I said? Yeah, sure.
We'll be fine.
Pull out People v.
Davis.
OWEN: I said I wanted to see a lawyer, but they said I had to see a doctor first.
In your mind, Mr.
Stokes, were you free to leave the precinct? No.
How could I be? They wouldn't let me go.
Police officer took me to the hospital.
Sat around the emergency room for five or six hours, then the detective took me back to the precinct.
Did the police start questioning you again? Yeah.
That's when they told me my rights.
I told them I wanted to see a lawyer again, but they wouldn't listen.
What do you mean, they wouldn't listen? They said if I didn't talk to them, they was gonna send me to the general population and tell them I attacked that little girl.
So you signed the Miranda waiver and spoke to them? What else could I do? Nothing further.
JACK: When you first went with Detectives Briscoe and Curtis, you went voluntarily? It was that, or get killed by that crowd.
And once you were in the precinct, the police told you that you were not under arrest? Well, that's what they said.
Sometime later, the police arranged for you to go to the hospital like they promised? With a police officer.
Were you handcuffed? No.
And when you returned to the precinct, you were advised of your rights, and you signed a waiver? Yeah.
And the only time you said anything about a lawyer was when you asked, "What happened to that lawyer I asked for this morning?" Something like that.
And after you signed the waiver, you confessed to raping Malika Richardson? No, I just said that so I wouldn't get killed in jail.
The cops wouldn't listen.
They ain't no better than the people who was beatin' me.
I told them I was on 125th Street when the little girl got raped.
They just kept hitting me.
Nobody believes me.
Mr.
Stokes requested medical attention, and the police accommodated him by sending him to the hospital with an officer.
Even if you buy that, Your Honor, when my client was returned to the precinct, he was in custody.
At which time, even the defendant acknowledged that he never specifically requested a lawyer.
The police confused my client.
They double-talked him out of his rights.
The police are allowed to use cunning, even deceit, in an interrogation.
Mr.
McCoy is making an end run around Miranda, Your Honor.
And a very adept one, at that.
Since Mr.
Stokes was technically not in police custody when he initially asked for the lawyer, his reference to that admission was ineffective.
You're gutting the Fifth Amendment here, Your Honor.
If you keep moving back the line, Miranda becomes meaningless.
And maybe it's high time someone took the pruning shears to Miranda.
The victims have some rights, too, Mr.
Kusevitsky.
Mr.
Stokes' confession is admissible.
ADAM: When do you have to appear? Two weeks from Monday.
Day before the primary.
Am I interrupting? Just leaving.
You should hear this.
Later.
Stokes told the police he was at a clinic somewhere in the Village when Malika was attacked.
At the hearing, he testified he was on 125th Street.
He's brewing up an alibi.
Is there a clinic on 125th? Check into it.
Last thing I need is another October surprise.
Another October surprise? Gary Feldman made good on one campaign promise.
He made a misconduct complaint to the Disciplinary Committee.
"Adam Schiff has clearly lost control of this loose cannon," "proving he can no longer effectively supervise his staff.
" Sounds like routine mud-slinging.
I'm the loose cannon.
Remember that drunk driver we prosecuted for murder? The Dressier case.
The flight attendant? Nothing to lose sleep over.
First thing tomorrow, look into this alibi.
I'm not supposed to give any information about our patients.
We know Mr.
Stokes comes here.
Then why are you asking me? We're checking on his alibi.
Alibi? What do you mean? Did he do something to a little kid? That's our allegation.
How'd you know? He was here Saturday at 1:30 for his regular appointment.
For an injection of Depo Provera.
You know what that is? It's an experimental drug for sex offenders.
Is Stokes getting it under a court order? Voluntary.
Legal Aid lawyer set him up for treatment.
Guess it didn't take.
Maybe it did.
I spoke to Skoda about the Depo Provera.
In the dosage that Stokes was taking, it's highly effective in reducing aberrant sexual drive.
Reducing.
There are cases where the compulsion to act overcame the drug.
The fact that he's taking the stuff is no accident.
He's a pedophile.
Stokes scares me, too, Jack.
But what scares me more is that we might convict him and leave the real monster on the street.
We have two IDs.
One's from a convicted drug dealer who made a shaky identification.
Which was corroborated by the security guard.
Isn't he a straight shooter? Mr.
Castillo.
His timeline's out of kilter.
He couldn't have seen Stokes when he says he did.
Castillo said he was meeting with the boiler repair man that day.
Yep.
April 19th, and I started at 1:25.
It took me two hours to fix the damn thing.
I had to get into the storage area next to boiler room to check the I-collar.
Castillo had the keys.
He disappeared on me.
How long was he gone? I want to say a half hour.
I couldn't get in to check the pipe.
So, what's back there? You got supplies, back exit.
Hey, there's some mean mother rats in there.
Now you tell me.
(RATS SQUEAKING) So, before he left, Castillo was with you? Yeah.
BRISCOE: Rey! Look at this.
Roach spray.
CURTIS: Same lot number.
Looks like Castillo's our guy.
We're picking up the security guard.
Are you sure this time that this is our man? Mr.
Castillo has an arrest for sexual assault in Virginia.
How did he get hired as a security guard? He was never convicted.
I want this wrapped up before Feldman gets his teeth into it.
Be tough to hit a home run after we accused the wrong guy.
Home run? Just try for a base hit.
We need to dismiss the Stokes indictment before we arraign Castillo.
I'll advance the case.
Good.
I got a letter today.
The Disciplinary Committee wants me to testify.
The matter of Feldman v.
McCoy.
I went to law school with a woman who specializes in this kind of thing.
It's okay.
I'm covered.
The bottom line, Feldman's hands are as dirty as yours.
The Disciplinary Committee won't give a damn.
This is about me, not him.
From what you told me on the phone, you haven't done anything wrong.
That's a generous reading.
I advised the flight attendant's employer that if she remained in Colombia, she could avoid our subpoena.
You mentioned that the District Attorney doesn't have jurisdiction over a witness in a foreign country.
You can spin it all you want.
It can still be construed as prosecutorial misconduct.
Maybe even obstruction of justice.
A statement of fact.
I know what was in my heart.
Wait, your heart? Is this This is what's hanging you up? I wanted vengeance.
I broke my oath.
I nearly sent a man to the death chamber.
Hey, hold it, hold it.
Now, the key word here is nearly.
In the end, you came clean.
No harm, no foul.
Anyway, the Disciplinary Committee doesn't know what was in your heart.
They're bound to ask me what I was thinking.
(CHUCKLES) I thought I'd dodged the bullet.
There's no one else that knows for sure what you intended, right? Jamie Ross knows.
(SIGHS) In my opinion, I don't see you getting disbarred over this.
If I get any kind of reprimand or suspension, Adam'll take the hit on election day.
You can always quit.
You're moving to dismiss, Mr.
McCoy? That's right, Judge Feldman.
State your reasons for the record, please.
JACK: The People can't prove the case against Mr.
Stokes beyond a reasonable doubt.
More accurately, the bumblers in the D.
A.
's office prosecuted the wrong person.
Mr.
Stokes, my apologies to you.
I recommend at this point you speak to a civil attorney.
The indictment is dismissed.
You're free to leave.
(GAVEL BANGING) You've indicted another suspect? Jesse Castillo.
Has this Mr.
Castillo been arraigned? He's in the bullpen now for arraignment in Part Eleven.
Get him up here now.
Who's representing Mr.
Castillo? CONSIDINE: I am, Judge.
Mark Considine.
I'm here to observe the dismissal motion.
Step up, Mr.
Considine.
I'm gonna arraign your client right here.
Your Honor Quiet, Mr.
McCoy.
I want this case assigned to this part for trial.
With all due respect, Your Honor, you can't handpick your cases.
They're put into the wheel.
This one don't.
This is Castillo? Yes, Your Honor.
Mr.
Castillo, you're charged with Rape in the First Degree and Attempted Murder in the Second Degree.
How do you plead? Not guilty.
Well, well, look who found his way back to the judge's corridor.
It's improper for you to take the Castillo case.
When you get a seat on the appellate bench, then you can tell me what's improper.
You brought a complaint against me.
How can I expect a fair shake in your courtroom? Still questioning my impartiality? No.
Your ethics.
You're using a 10-year-old rape victim to advance your political ambitions.
Before I get a couple of court officers to throw you out of here, let me tell you something, McCoy.
I'm gonna be all over your ass on this case.
You screw up, I'll come down on you like a ton of bricks.
So Feldman's turning this into a personal vendetta.
It's a tough case even without Feldman.
We've got two witnesses who ID'd the wrong guy.
We still have the roach spray in Castillo's work area.
Yeah, which 1,500 residents had access to.
We may not even have enough to force Castillo to take a plea, let alone take him to trial.
Tell Briscoe and Curtis to put on a full-court press.
Somebody must have seen him talking to the girl prior to the assault.
Okay? Sure.
Jack, I'm leaving the D.
A.
's office.
No.
(CHUCKLES) It's the only way I can fight Neal on Katie's custody.
And still get married? You can beat it.
(EXHALES) I'll finish out this case.
I'm sure you'll be happy.
David's a great guy.
(SIGHS) You know, I've had some problems with some of our cases.
No explanations necessary, Jamie.
And that Disciplinary Committee thing, you don't owe me anything.
Go out like you came in.
I appreciate that.
(DOOR OPENS) (DOOR CLOSES) Smart lady.
Says what's on her mind.
Always respected that.
I hope you still do after she testifies at the Disciplinary Committee.
Only two ways she can go.
Back you up or burn her bridges.
I can head it off, Adam.
I'll resign.
I've had a good run here, up until now.
I don't want to be a liability.
Don't get weepy on me.
I'm not Nixon, you're not Erlichman.
I won't accept your resignation.
Feldman has only just started up on this.
I'll take the heat.
On top of everything, the Castillo case is crashing.
He's gonna pile it on, Adam.
Feldman is out of your control.
Get your head back into this case.
We can't lose sight of what we're doing here.
Whatever else happens, I want that creep locked up.
YVONNE: I don't remember him.
The security company's always bringing new people in.
Did you ever hear Malika mention his name? No.
How could they hire somebody like this to watch over us? To watch over my baby? JACK: Doctor.
Is there any chance Malika will come out of her coma? We tell the family there's always a chance.
But realistically There's enough brain function to sustain life.
Beyond that is wishful thinking.
Jamie, I'd like to talk to Dr.
Charters alone for a minute.
Doctor, you'll probably get a call from an attorney named Considine.
He represents Jesse Castillo.
He'll ask you about Malika's condition.
I'd like you to tell him that Malika's become aware of her surroundings and the chances of recovery are good.
I know what I'm asking you to do.
Good.
Then you know why I can't.
You know more than anyone what was done to that little girl.
Yes.
But I have an ethical duty.
So do I.
Mine is stopping monsters like Jesse Castillo, and yours is keeping more Malika Richardsons from turning up in your emergency room.
Put Malika Richardson on the witness list.
Considine will call her doctor.
I know.
Jack, are you sure? In for a dime, in for a dollar.
Put her on our list.
Send it to Considine.
I was surprised to hear from you, Mr.
Considine.
Ms.
Ross sent over your discovery.
Your case is a little stronger than I thought.
What are you looking for? My client will plead to rape one to cover.
Six-to-twelve.
Twelve-and-a-half-to-25.
That's the maximum.
It's a slap on the wrist.
There shouldn't be a maximum for what you did.
You go to trial, and you'll do consecutive twelve-and-a-halves.
I don't know.
You'd rather face Malika in court? All right.
I'll take it.
Let's hear it, Mr.
Castillo.
Look, I'm saying I did it, man.
Can we just leave it at that? I want the whole story.
(SIGHS) I met the girl on my way to work.
Said I'd buy her some pizza if she brung me back the change.
Told her I'd meet her in Building B.
When she came back, I took her down to the basement.
I took her clothes off.
I don't know.
I thought she liked me.
You know the rest.
And you took the roach spray to kill her? This is unacceptable.
Twelve-and-a-half-to-25.
It's as good as I would've gotten at trial.
No.
I was ready to impose consecutive terms.
Assuming he was found guilty.
You know the case was weak.
That's your burden.
You haven't got the guts to put it in front of a jury.
I'm just not stupid enough to play in a rigged game.
I'll ignore that.
Besides, what are you whining about? I heard your victim regained consciousness.
She's on the witness list.
She can identify Castillo, no? (CHUCKLES) Another fast one, huh, McCoy? Don't worry about me, Judge.
You're signing off on this plea.
You forget who you're speaking to, pal.
If you force this case to trial and we lose, it'll be your ass, Judge.
Adam Schiff will make sure that whenever the voters think of you, they also think of Jesse Castillo and his roach spray.
If you think you can blackmail me You don't have a choice.
Couldn't you at least wait till I finish dinner? (LAUGHS) Well, if shaking hands with Al Sharpton couldn't spoil your appetite.
What do you want, Carl? To offer my congratulations to you.
This may be the last time I have occasion to.
Congratulations for what? Jesse Castillo.
Your man, McCoy, piled the sandbags high and deep around Feldman.
Just doing his job.
Well, come what may next week, no hard feelings, old friend.
Why you'd risk putting the District Attorney's office in the hands of that twerp is beyond me.
No personal grudge can excuse it.
Good luck at the polls.
You seen this? "Feldman predicted to win primary.
" Predicted by who? His mother? Tomorrow night, we'll know if she's right.
Aren't you going to appear before the Disciplinary Committee this afternoon? Uh-huh.
Shouldn't you be preparing? Well, I shredded all the documents, erased the tapes, paid off the witnesses.
I'm covered, Adam.
Too bad the Committee doesn't share your sense of humor.
Good luck.
Right back at you, Adam.
(RABBI SPEAKING FOREIGN LANGUAGE) RABBI: May the one who makes peace send peace to all who mourn and give comfort to all the bereaved among us.
And let us all say Amen.
ALL: Amen.
Thank you very much, Rabbi.
I'll see you at your brother's.
(SIGHS) (EXHALES) Lennie Briscoe? Harry Spivak.
Oh.
Hi.
Sorry about your daughter.
Yeah.
Do you want to talk here? In my car.
The blue sedan over there.
Give me a couple of minutes.
Sure.
NEWTON: Remember, any question you don't want to answer Whether I like the question or not, I'm going to answer it.
Jack, what are you doing? Relax, Carter.
It's my career.
(DOOR OPENS) MAN: Mr.
McCoy, the Committee is ready for you.