Law & Order (1990) s18e08 Episode Script
Illegal
NARRATOR: In the criminal justice system the people are represented by two separate yet equally important groups, the police who investigate crime and the district attorneys who prosecute the offenders.
These are their stories.
I told Bill I was going to the immigration rally, he got all concerned, (CHUCKLING) He's so cute.
You're lucky.
I got a lecture.
(SPEAKING SPANISH) Tell my sister where you're from.
I'm from Toronto.
Oh.
You see, Inez? We're the NAFTA chicas.
(BOTH GIGGLING) What's all the hubbub? A big demonstration about immigration.
Oh, great.
We're looking for the John Lennon Memorial.
Oh, that's at 72nd.
Where you folks from? Plymouth, Mass.
Let's go, kids.
Organizers expect more than 50,000 people to come out in support of immigration reform.
So far, the crowd has heard from (WOMAN SCREAM I NG) Hold on.
There seems to be some sort of disturbance.
Watch out, Dan! (suns FIRING) (PEOPLE CLAMORING) Sanitation found her.
Looks like she crawled in there and died.
ED: Is that what it looks like? Gunshot wound, through and through.
LUPO: Time? With the heat, hard to tell.
Everything accelerates.
Maria Soriano, 27, lives on Second Avenue, it's an ID for an accounting firm.
We're going to need everybody you've got doing a canvass Everyone I got isn't much.
After the riot in the park yesterday, a lot of my guys called in sick today.
Tell her that.
I saw her last time yesterday morning.
She was going to work.
You remember what she was wearing? Khakis, uh, blue blouse, kind of tight, plunging You know? Showing some What? He asked what she was wearing.
Maria have a boyfriend? Had a boyfriend.
They broke up.
ED: You ever see him? Once, from the back.
He was getting on the elevator.
He was tall and white And he had a tight butt.
Okay.
We might need to talk to you guys later.
You folks have a nice weekend.
She left in same clothes we found her in.
Maybe she met somebody after work.
Okay.
Her story so far This is an alumni letter from NYSU, Class of '99, Accounting.
This is her green card, issued in 2000.
A letter from her mother, in El Salvador, thanking her for the money she sends home.
Oh, you read Spanish, too? So, you can write the "I'm sorry for your loss" letter to Mrs.
Soriano.
I'm not so good with letters.
Anything in here about a boyfriend? No, but this is an application for a work visa for an Inez Soriano, dated three years ago and denied last year.
Inez is her little sister.
This is her? Yeah.
If she's an illegal, she's not going to show up on the radar so quick.
We tried the immigration lawyer listed on her form, probably had a Saturday tee time.
Well, there's no number for Inez on Maria's cell phone? There was no cell phone on Maria.
I've appointed Assistant District Attorney Josh Lethem to lead the investigation.
I want to assure the citizens of our city that any misconduct during the rally, whether by civilians or police officers, will be prosecuted to the fullest extent of the law.
Thank you.
VAN BUREN: That's all we need.
A bunch of knuckleheads with badges beating up civilians.
You buy this as a police riot? I know what I saw on the news.
You want to see a police riot, go to Pakistan.
That's why people jump the border to come here.
YouWelooHng for an Inez Soriano? Yeah.
We pinched her at the rally yesterday.
(SPEAKING SPANISH) (SPEAKING SPANISH) Did you see Maria on Friday? Si.
At the demonstration.
We go together.
She She says it's important.
Now, what happened at the demonstration? At the beginning, it's very good.
(SPEAKING SPANISH) Troublemakers? Si.
They throw bottles at the police.
Maria shout at them to stop.
They get mad at her because she is, uh (SPEAKING SPANISH) Recording them? Maria had a camera? In her phone.
And, uh, one of them tried to take it from her.
He run after her.
Then the police, they shoot gas.
I cough and I And I cry and I And I never see Maria again.
Okay, Inez, we're going to get you out of here.
We're going to take you down to our station so we can make a picture of this guy, okay? La migra send me back to El Salvador.
I know this.
But you keep Maria here.
Please? She worked too hard to come here.
This is her home.
Please? LUPO: We need to find that phone.
With a little luck, maybe TARU can hone in on a signal.
MAN: (SHOUTING) I have a green card! This is a hell of an idea, to keep people like this.
Oh, right, you were out of the country.
They started doing this in '04 to control protesters during the Republican Convention.
This ain't the same country you left.
Our people said the signal came from in here.
Be my guest.
Just don't beat anybody up, okay? Let's see who lights up.
What's Maria's number? (CELL PHONE RINGING) (RINGING CONTINUES) We keep the phones we find in the park In here.
ED: Gotcha.
ROWLAND: I'm up here and then you hand me a cell with a toasted screen and a mushed USB port.
Wow, you almost make it sound sexy.
(SCOFFS) Detective, you really know how to push my pixels.
(ED CHUCKLING) (SIGHING) Okay, showtime.
(UPBEAT MUSIC PLAYING) (ALL CHATTERING) (PEOPLE WHOOPING) MAN: We broke the law to come here, but we are not here to break the law! We came here to work! (CROWD CHEERING) (ALL SPEAKING SPANISH) We are American! (ALL CHANTING IN SPANISH) ALL".
We are American! (PROTESTORS SCREAMING) Shut it off! Yo, you deaf? I said shut it off! (SCREAMING CONTINUES) (sun FIRING) Two gunshots.
Can you back it up? Pause it.
There.
âYams Locos.
â If he's been pinched before, his ink's in the system.
You got the wrong dude, man.
LUPO: Yeah? Then you know why we're here.
No, but whatever it is, I ain't the guy.
(GRUNTING) ED: Looks like a match to me.
So what? I didn't do no misconduct at the park.
I was just exercising my right to protest.
This is your third arrest, Ignacio.
You know the drill, right? Yeah.
I don't need no lawyer for this.
All right.
Great.
You remember this girl from the park? We've got the video from her cell phone.
You went after her because she was taping you? You got the video, so why you asking me? Right.
We got the video of you shooting her, too.
No, that's bull, man.
It was you guys who did it.
Cops.
One of you chotas shot us, man.
See, look at my leg, man.
Bullet just nicked me, man.
I'm one lucky son-of-a-bitch.
If you're feeling so cooperative, why don't you show us where it happened? Here.
Let's go.
IGNACIO: Right in there.
I saw her fall right by that tree.
That's when I bugged out.
Now, why did you think it was cops? Iturned back and I saw a bunch of cops shooting rifles.
Those were tear gas and bean-bag guns.
(SCOFFS) This look like it came from a bean bag? The cops was by the fountain.
The bullets came from the fountain.
It came from the cops.
Put him in the car.
(CLICKING TONGUE) (CAMERAS CLICKING) Wood's still blonde.
It's new.
Be careful.
There's a lot riding on that slug.
We tossed lgnacio's car, his home, even his work.
There was no gun.
Well, get with the D.
A.
and let's hold him for assault.
All right.
Stay.
The blood from the slug belonged to Maria Soriano.
Slug's a 9mm hollow point round, fired from a Glock.
A cop bullet.
CSU also found two 9mm casings about 10 yards away from where Maria went down.
I'll call the Chief of Ds and the D.
A.
lgnacids our main witness.
Let's get him into protective custody.
And mind who you talk to.
This is going to get ugly, real quick.
You deaf? I said shut it off! (PROTESTORS SCREAMING) (sun FIRING) Our witness stated he turned toward the shots and saw a number of officers in riot gear, some with tear gas and bean bag guns.
Two 9mm shells were later found at the scene and identified as being fired from a Glock 19.
Your witness, that's the felon we just saw chucking bottles at our people? Yes, Chief.
Ignacio Perez.
And your theory is that Ms.
Soriano got to her feet after being shot in the gut, walked out of the park, crossed the street and died in an alleyway? That's what the evidence suggests.
What did her sister witness? Not much.
She was separated from Maria before the shots were fired.
What about this woman, Susan Kessler? Maria's co-worker.
She was also separated from Maria early on.
Bring Ms.
Kessler back in for a more complete statement.
Well, shejust returned to Canada for an extended stay.
She was here on a work visa.
Damn it! Don't we have any American witnesses? Yes.
Ignacio Perez, sir.
Thank you for your report, Lieutenant.
I checked the UORs regarding this incident.
No officer fired his weapon.
I appreciate that, Chief.
Still I want every officer on duty in that area of the park interviewed.
It's already done, during my initial investigation of the riot.
The police used crowd-control measures, but no officer so much as drew a weapon.
It's a different ball game now.
Interview them again.
Mr.
McCoy, I think we just heard, the man you appointed to head your investigation announce a finding.
Mr.
Lethem misspoke.
We'll have our findings after we have our investigation.
Fine.
IAB will take over at our end.
You're taking Lieutenant Van Buren off the case? IAB investigates all officer-involved shootings.
So now you're conceding this was an officer-involved shoofing? I know how you gentlemen feel about the Lieutenant.
I don't want her removed.
Mr.
McCoy, for somebody who's a place-holder, you're not living up to expectations.
A place-holder? Let me be clear.
If anyone gets in the way of this investigation, I'll haul every cop who was in the park before a Grand Jury without immunity.
Anybody who pleads the Fifth, I'll indict for obstruction.
Next time, Josh, don't be so quick to stake out a position before you have all the facts.
I don't see cops as the enemy, Jack.
Neither do I.
The IAB will give you a good report.
But Van Buren's independent.
Use her.
Six weeks on the job, Jack.
Bet you're sorry now, huh? (CHUCKLES) (DOOR OPENING) IAB finished ballistics tests on the service weapons of the officers on duty at the park No match for the slug.
So, lAB's taking this off our hands? Well, lAB's doing their thing, and we're doing ours.
This is still a homicide case.
It's kind of a hot potato.
We're already catching a lot of crap on the street for this riot.
You're not begging off, are you? No, no, no.
We're on it.
Uh Maybe this isn't the right case for me.
Look, Detective Lupo, I remember you as a good patrolman.
Now, I know you've had some rough spots since then.
Rough spots? I fell asleep hung-over in my car while my partner got shot getting me coffee in a bodega.
I know all that.
Well, you put You put a guy like me on a case like this, investigating other cops I can take the heat.
Can you? Get back to work.
I've got cops firing tear gas, shooting bean bags, but no cop firing a pistol.
I got to get all this stuff ready for IAB.
They're coming in tomorrow.
That's IAB, a day late and a dollar short.
Here you go.
So far the crowd has heard from Hold on.
There seems to be some sort of disturbance.
Watch out, Dan! (PEOPLE SCREAMING) As you can see behind me, the police have decided to break up the rally Shaw's over! Move it! You can't do that.
You can't tell me ED: What were you saying about Pakistan? What's the time code on this footage? It's one minute after the shooting.
Can you rewind it in slow-motion, please? ROWLAND: Here you go.
Stop.
Play it forward.
You see this guy back there? ED: Yeah.
He's running from the area where the shooting was.
He just put something in his pocket.
Can you blow it up and play it again? Can't make it out.
It looks like it could be a weapon.
A back-up piece.
Can you give us a blow-up of the other officer's name tag? Him.
I'm being sued by reporters, I'm on suspension.
It's a freaking headache.
I don't like hitting people, but jeez Louise, they were throwing rocks at us! Really, that reporter, she was throwing rocks at you? We're not here about that, Officer Rizzo.
We want to know about this guy.
And helping you is going to help me how? Oh, I don't know.
But I can promise you, not helping us ain't gonna help you at all.
I don't know his name.
He was in a unit of about 12 guys that was left of our line.
We got the order to move in Next thing, I see this guy come run out of this little wooded area.
The wooded area by the footpath? Yeah.
Why, what did he do? There was a demonstrator who was shot down by the path.
You think he did it? He's not even a real cop.
He's a wannabe.
An Auxiliary? Yeah, an Auxiliary.
Those jokers don't even carry weapons.
BRODY: You understand, the people who become Auxiliary officers do so because they have a sense of community and public service.
We appreciate that.
It's only a few months ago that the Department saw fit to issue bulletproof vests to Auxiliaries.
It's not just anybody who'd wear a uniform and a badge and walk the streets like a sitting duck without any means of defending themselves.
We hear you, man.
You know what kind of weapon was used? Glock 19.
We'll run these names down, see if anybody has a permit.
I can save you the trouble.
Officer Rodchenko.
I helped him get a permit three months ago.
I can't talk.
I'm stuck here all day.
ED: It's okay, we brought a replacement.
Let's go to our car.
What's going on? Uh, do you own a Glock? Yes.
Okay, we need it.
You keep it at home? Officer Rodchenko, you can tell us where it is, or we can have a search warrant waiting for us at your house.
Either way, we're going to find that gun.
Uh, I lost it.
Three weeks ago.
I was jogging in Prospect Park.
It fell out of my pocket.
You file a report? Okay, Officer, you should consider yourself under arrest.
Turn around and put your hands on the hood.
Turn around, hands on the hood.
Why are you doing this? A woman was shot at the rally Friday, a demonstrator, shot dead.
Shot dead? I've nothing against those people.
I'm an immigrant myself.
I came here from Bosnia with my parents when I was 10.
Anything else you want to tell us? I I get a PBA lawyer, right? Even though I'm an Auxiliary? Yes, you're entitled.
Just like a real cop.
He's not impressing me by keeping his mouth shut.
Did you search his house? And his car and his locker.
No gun, but we found a box of 9mm ammo, same make as the rounds fired in the park.
It's meaningless.
Anything else? We're searching along the jogging paths in Prospect Park.
(SCOFFS) Not finding his gun won't prove that he didn't lose it.
I guess we could sit around with our thumbs up our asses and wait for this guy to fess up.
All right.
Let's put Rodchenko back in holding.
I'll get the paperwork ready for his arraignment.
No, no.
I don't want him arraigned yet.
I want to get an indictment first.
That means we'd have to present to the Grand Jury tomorrow morning.
Why not arraign him first, then we take the time we need with the indictment? Because I won't drag him through an arraignment in open court, unless I'm sure that I can get an indictment.
By the way, Lieutenant, putting someone like Detective Lupo on this case, with his history, that's a brilliant command decision.
Detective Lupo's history is just that History.
This witness makes me nervous.
Ignacio Perez? Mmm.
Well, he's the only one who saw Maria get shot.
Not to mention he's a shooting victim himself.
He's a street thug.
Who knows where his wound came from? Josh, what's this I hear? You pushed back Rodchenko's arraignment? Well, yeah.
Once we arraign a cop for this shooting, all hell's going to break loose.
It puts us Well, puts you in a better position if we can back it up with an indictment.
I certainly don't want to blow it with a slipshod presentation to the Grand Jury.
Are you going to be ready? As soon as we agree on our witnesses.
Ignacio Perez is up for grabs.
What's the problem? Indicting a cop on the testimony of a two-time felon might not sit too well with the Grand Jury.
His criminal record is immaterial.
You have no obligation to raise it.
(SCOFFS) Got n.
I'll put him on last, be a strong finish.
We should be in and out of there in an hour with the goods.
I helped Officer Rodchenko fill out a permit for a Glock 19.
I made sure he knew all the rules and regulations.
He even came up to the place my wife and I have in the Catskills for some target practice.
And you saw him carry the weapon while on duty? Never.
He knew better.
Ours is the only auxiliary force in the state that doesn't allow its officers to be armed.
Thank you, Lieutenant.
Something you want to add, Lieutenant? Yes.
Rodchenko is a dedicated officer, and I don't believe that he or anyone under my command would violate regulations, let alone shoot into a crowd of unarmed civilians.
Thank you.
You're excused.
I heard two shots from behind me, and I saw the lady go down.
I felt the burning in my leg Turned, saw the cops, so I ran away.
When you went to the hospital for your wound, did you tell the doctors? I didn't go to the hospital.
Why not? Because they see a gunshot wound, and they have to call the cops, and I didn't want no trouble.
How did you know that hospitals have to report gunshot wounds? Becausethafs how I got arrested the last time.
The last time? Yeah.
I've been arrested two times, for assault and for drugs.
But you're sure that the shots that you heard came from the line of police behind you, the same ones you'd been throwing bottles at just moments before? Yeah, I'm sure.
This now concludes the presentation of the People's case in chief.
Yes, what is the question? Have the police scientists matched Officer Rodchenko's gun to the bullets found in the park? Uh, no.
No, the police were unable to match the bullets to aweapon.
You were right.
We were in and out of there in an hour.
Thank you.
(EXCLAIMS IN ANNOYANCE) They no-billed it.
No, really? I'm releasing Rodchenko.
I've been reading these Grand Jury transcripts, Josh, and I can't for the life of me figure out what the hell you think you were doing.
I was trying to get an indictment, of course.
HOW? You let Lieutenant Brody turn himself into a character witness for Rodchenko.
You practically instructed Ignacio Perez to tell the Grand Jury about his criminal record.
And then, in answer to a question, you not only failed to tell the Grand Jury Rodchenko claims he lost his gun, you implied that we had his gun and couldn't match it to the bullets.
That's your spin on it.
Right now, my spin is the only thing that should matter to you.
I did the best I could with the facts that I had, Jack.
If you hadn't let a malcontent precinct lieutenant run this case, maybe I'd have had more to work with.
You're off the case.
Rodchenko, the riot, all of it.
Jack I've tried very hard to convince myself that you're not servicing an agenda.
Thenllooked at your record as a prosecutor.
Twenty years and never once did you work a case involving police misconduct.
The police in the park were provoked.
If they can't stand up to provocation, they've got no business being cops.
Sometimes somebody has to protect us from the protectors.
I know.
I've been there.
So (CHUCKLES) There it is.
Some of us were wondering how long it would take for the real Jack McCoy to rear his shaggy hippie liberal head.
You know, when Arthur left, the attorney general told me he wanted me sitting in that chair.
And the Mayor wanted somebody else.
But I was the guy next in line for the job.
This way, everybody's hands are clean, and I don't have to grind anybody's ax.
Except your own.
Josh, I think you've said enough.
This is too much power for you, Jack.
You can't be trusted.
If you really believe that, you shouldn't be working for me.
You can resign, or I can fire you.
Either way, clean out your desk tonight.
You're done here.
(DOOR CLOSING) (sums) As of now, you've got the Rodchenko case.
What happened to Lethem Lethem's out.
I want you to apply to re-present to the Grand Jury.
No judge is going to let us go near another Grand Jury unless we have new evidence, real evidence.
Find something.
Do I have to do everything around here? (SLAMS) BARANEK: Tough break today, Mr.
McCoy.
Now that this Rodchenko business is behind us, when are we going to see your report on the, uh, so-called riot? When it's ready.
And I'm not done with Officer Rodchenko.
Forget Rodchenko.
He's off the force as of today.
I signed the order myself.
You see? We do know what to do with troublemakers.
And we don't need more civilian oversight, which could be a consequence of an unfavorable report from you.
So What do you say? I say my $30 steak is getting cold.
Cut the boys in blue a little slack, McCoy.
It's good for the soul.
It has to be evidence that wasn't available the first time you went before the Grand Jury.
You know, I've never had a boss fired out from under me, or over me, I guess.
Lieutenant Brody's testimony in the Grand Jury.
He said Rodchenko did target practice at his place in the Catskills with his new Glock 19.
I wonder what he did with his bullet casings.
They're from a private shooting range.
We're looking for a match with the casings from that park thing.
You from the city, Detective? Queens, Rego Park.
You? Oh, here and there.
My parents were gypsies.
The Theory of Justice? Oh, right.
You've You've read it? Yeah, during first year law.
It's my second time.
I'm taking a night class at Brooklyn Law.
Night law school Like root canal with a dull drill.
(COMPUTER BEEPING) HARLAN D: Got it.
CUTTER: Not only do the shells match, a thumbprint belonging to Officer Rodchenko was found on the shell from the shooting range.
Your Honor, we have onlytheirword that this is newly discovered evidence, as opposed to evidence that they overlooked because of their own incompetence.
The fact that Mr.
Lethem has been replaced seems to indicate the latter.
We didn't know to look for this evidence until awitness alluded to it during his Grand Jury testimony.
That makes it newly-discovered in my book.
Leave to re-present to a new Grand Jury is granted.
Your Honor, my client wishes to appear before the Grand Jury to tell them that on that Friday afternoon, he fired his weapon at the demonstrators in response to an order from a superior officer.
An order? From who? We're not ready to present that evidence yet.
Well, then, Ms.
Sanders, you'd better be ready by the time we go to trial.
Until then, your request to address the Grand Jury is denied.
(GAVEL POUNDING) ROWLAND: I was in way over my head, so I called in a couple of acoustical engineers from Boston.
They worked on the Kent State and Dealey Plaza tapes.
They enhanced the audio from three sources, a cell phone call to a radio station, a police mike, and a news feed.
Okay, Leo, show them what you got.
MAN ON TAPE: Over there, close ranks.
(PEOPLE SHOUTING) Prepare ordinance.
All officers set and ready on my command.
Repeat, ready on my command.
He's tense.
You can hear how his voice is pitched higher.
Ready on the right.
Ready on the left.
Wait for my command.
Hold! Hold! Red light! Red light! Red light! He's telling them to hold their fire.
Mmm-hmm.
Close ranks.
Wait for it.
Wait! Wait for my command! Green light! Green light! (suns FIRING) (TAPE STOPS) Green light, command to fire.
MAN ON TAPE: Wait! Wait for my command! Green fight! Green fight! (suns FIRING) (PEOPLE SCREAMING) Have you put a name to this voice? The police aren't volunteering names.
Take the gloves off.
Issue subpoenas.
Unless every officer save Rodchenko disobeyed the order, its meaning is pretty clear.
It was an order to fire only tear gas or bean bags.
"Green light? Green light?" In the middle of a riot, Rodchenko's lawyer will argue it could mean anything.
I can't imagine ajury agreeing it meant firing live ammo at unarmed civilians.
No one ever went to jail for shooting four unarmed students at Kent State Thejury'll read into this what they want.
And they won't care all that much if Officer Rodchenko violated some department rule by carrying a weapon on duty.
MAN ON TAPE: Green fight! Green fight! SLOAN: That's me.
That's my voice.
It was an order to fire non-lethal weapons.
And that was understood by the men under your command? Yes.
We discussed the crowd-control measures during a tactical briefing prior to being deployed, and then again at the park.
Thank you, Sergeant.
Officer Rodchenko wasn't under your command, isn't that right? That's right.
So, he wasn't at the tactical briefings? No, he wasn't.
We heard testimony that there was smoke, flying debris, rushing crowds.
Isn't it possible that an officer could've heard your order without actually seeing the non-lethal weapons that your men were aiming? Yes, it's possible.
Now let me ask you, these commands, "Red light, green light," it's the same commands for non-lethal and lethal weapons, isn't that right? Well, the circumstances determine the type of force Objection! Non-responsive.
Move to strike.
Sustained and stricken.
Same command for lethal weapons, yes or no, Sergeant? Yes.
Same command.
Thank you.
No more questions.
Redirect.
Sergeant, please complete your answer about circumstances that determine the use of lethal weapons.
Unless threatened with the imminent use of deadly physical force, an officer may not discharge his weapon.
Thank you.
RODCHENKO: There was 12 of us Auxiliary officers on the left flank of the main line.
We had helmets, plastic shields, pepper spray.
There was maybe 500 demonstrators in front of us, and they were angry, screaming, spitting at us.
We started getting hit with rocks and bottles.
The regular officers moved to the right, and the Auxiliaries were cut off.
We had to fend for ourselves.
And then what happened? Somebody with a bandana over his face, he threw a bottle at me.
I was being attacked.
Then, I heard a command voice coming from where the main line was, saying, "Green light, green light.
" And what did you understand that to mean? It was an order to fire my weapon.
I drew my weapon, I saw movement, and I fired.
I fired twice.
And then what did you do? I was able to retreat and rejoin my unit.
It wasn't until later I found out one of my shots killed Ms.
Soriano.
I didn't mean for that to happen.
I am so sorry.
The firing of a live round is a serious thing.
It means an officer is in danger and has no other recourse.
I was in danger, and I heard the order to fire.
"Green light, green light.
" You're very diligent about following orders, correct? Yes, sir.
Red light, hold your fire.
Green light, fire.
Correct? Yes, sir.
Well, how about Auxiliary Regulation 4.
1? Are you familiar with it? It prohibits Auxiliary officers from bearing a firearm while in uniform.
That's a regulation you violated that Friday, correct? Yes, sir.
You pick and choose which orders to follow, depending on your mood? It's not like that.
Then why did you violate Regulation 4.
1? We wear a uniform, a badge Walk the same streets, take the same risks as regular cops.
Oh, you mean real cops? We are real cops.
Well, the Police Department doesn't seem to think so.
Isn't it true they assign you to playgrounds and pools? That in emergencies, the Department calls up retired police officers before they call in Auxiliary officers? All true? Yes.
And when they do need you to face down an angry mob, they send you out there with nothing but a plastic shield and a tiny can of pepper spray, correct? Yes.
It shows a lack of respect for your dedication and service, doesn't it? That's right, it does.
Then it was perfectly reasonable for you to arm yourself, because you can't allow yourself to be gunned down like a dog, can you? No, I can't.
Even if your department treats you like one.
That is right.
That is how they treat us.
Is that what you were thinking when they ordered you to just stand there and get pelted by rocks and bottles, they don't respect you? No, they don't.
When they ordered you to march into that angry mob with your can of pepper spray? No respect.
NO, sir! No respect from the real cops.
No! But that angry mob, those thugs, they were going to respect you.
Yes! Those bottle-throwing thugs Yes! Like Ignacio Perez? Yes.
And Mafia Somme.
Y es! Mark Somme, an accountant'.
! A thug, Mr.
Rodchenko? You didn't need an order to shoot somebody, did you, Mr.
Rodchenko? You'd already decided before you got to the park, and you didn't care who.
Withdrawn.
If there's no re-direct, you're excused, Mr.
Rodchenko.
Sidebar, Your Honor? We have an addition to the witness list, an expert witness.
Pertaining to what? Prosecutorial discretion.
I want to call former Assistant District Attorney Joshua Lethem.
That is completely improper.
Mr.
Lethem was once the prosecutor assigned to this case.
He's privy to confidential communications relevant to the case.
He shouldn't be allowed to testify.
If Mr.
Lethem reveals anything that Mr.
Cutter feels is confidential, he's free to object.
If your witness crosses the line, I'll object and bounce him out of here.
Have Mr.
Lethem here first thing tomorrow morning.
Lethem.
I should've known he wouldn't go quietly into that good night.
Is there anything I should know that was said between the two of you? You already know the gist.
Jack, if it's a problem, I can whip up a Daubert Motion tonight to exclude Lethem.
And look like we have something to hide? Let Lethem have his day.
Now I know why Adam Schiff was so grumpy.
Mr.
McCoy instructed me not to bring up Ignacio Perez's criminal record to the Grand Jury.
He was right, I was under no obligation to, but I felt the Grand Jury needed to know so they could weigh Mr.
Perez's credibility as awitness.
And what did the Grand Jury ultimately decide? Well, they decided not to indict Mr.
Rodchenko.
And then what happened? Mr.
McCoy was very unhappy.
He removed me as the chief prosecutor investigating the disturbances at the rally.
When I objected, he fired me.
To what, if anything, do you attribute Mr.
McCoy's strong reaction? Mr.
McCoy is biased against law enforcement officers.
During an acrimonious meeting with two high-ranking police officials, he threatened to indict every police officer at the rally.
Later, he told me that he believes that the public needs to be protected from the police.
Were you surprised by that statement? No.
Mr.
McCoy's record speaks for itself.
As an Assistant District Attorney, he often used his prosecutorial powers to engage in social activism on behalf of a liberal agenda.
He was often reprimanded for it by previous District Attorneys.
But now that he is the District Attorney, there's no one to rein him in.
Mr.
Lethem, as a former prosecutor, do you have an opinion as to whether my client should have been prosecuted for his actions at the rally? Yes.
Yes, in my opinion, the first Grand Jury that heard this case rendered the correct decision.
No indictment.
If Mr.
McCoy hadn't rammed an indictment through a second Grand Jury, we would not be here today.
Thank you.
(CLEARING THROAT) During the 21 years you worked for the District Attorney, how many police officers have been prosecuted for misconduct, approximately? Oh, I'm not sure, it's probably in the hundreds.
How many of those prosecutions did you lead? None.
How many did you assist? None.
Is that because you believe a police badge excuses every behavior? Uh, he doesn't have to answer that, Your Honor.
It's sour grapes from a fired employee.
Nobody believes it.
They will if we lose.
There's the case, and then there's everything else.
How are you going to answer this? I spent my whole life in the pursuit of justice, and to have this punk What an idiot! Where did I get the idea I could do this job without the politics, and stay above the fray? You're in the soup now, my friend.
The Communications Office suggested a press conference, or maybe a couple of strategic phone calls.
I'll answer them in the arena I know best.
JACK: My entire career has been dedicated to the facts and the law, without regard for where they lead, and it was clear to me that the facts here led directly to an Auxiliary officer blindly firing an unauthorized weapon into a crowd of unarmed civilians.
No one is denying these facts, so, to me, no fair-minded person could find their prosecution unjust or politically motivated.
Then explain why you fired Mr.
Lethem.
I didn't fire him because of his failure to get an indictment, even though that failure was caused by his own inability to remain objective.
I fired him because he told me that I couldn't be trusted, and I can't rely on an employee who doesn't trust me, not where people's rights and freedoms are at stake.
Mr.
McCoy, do you like cops? Some cops I like a lot.
I respect police officers, I appreciate the difficulty of their job.
I respect the standard they hold themselves to.
But you've prosecuted cops? I've prosecuted individual cops.
On more than one occasion? In fact, you've worked on more prosecutions of police officers than anyone in your office, isn't that right? Maybe because I've been there the longest.
You prosecuted cops, Big Tobacco, Big Pharma, pro-life groups, anti-gay activists, gun manufacturers, the whole liberal hit list, isn't that right? I took the cases that landed on my desk.
In fact, you went out of your way to fabricate cases to service your liberal agenda.
That's not true.
It's not true? Didn't you bend the law so egregiously in your illegitimate pursuit of a gun manufacturer that the judge had to set aside the jury's guilty verdict in the interest of justice? Didn't the judge have to, as Mr.
Lethem testified, rein you in? That's one side of the ledger.
I was also reined in while prosecuting a sexual predator, I was reined in for prosecuting a bunch of Russian gangsters who killed a prosecutor and almost blew up a police station.
Maybe sometimes, by accident, you are on the side of the angels, but Mr.
Lethem is right.
You can't be trusted.
You're out of control, isn't that the bottom line on you, Mr.
McCoy? The bottom line, Ms.
Sanders, where there's a law, I'll enforce it.
Where there's a crime, I'll prosecute it, and where there's a victim, I'll speak for that victim.
That's my bottom line.
No more questions for this witness.
As to the first count of the indictment, murder in the second degree, has the jury reached a unanimous verdict? Yes, we have, Your Honor.
We find the defendant guilty.
As of the second count of the indictment, attempted murder in the second degree, how do you find? We find the defendant guilty.
(GAVEL POUNDS) That's it? All 700 pages of it.
There's a copy for each of you.
So what's the final verdict, police riot or not? I'll tell you this Both sides will be angry with me.
Sounds like you got it right, then.
What's this? It's one of the tie pins from Bobby Kennedy's campaign in '68.
I found it on eBay.
These are their stories.
I told Bill I was going to the immigration rally, he got all concerned, (CHUCKLING) He's so cute.
You're lucky.
I got a lecture.
(SPEAKING SPANISH) Tell my sister where you're from.
I'm from Toronto.
Oh.
You see, Inez? We're the NAFTA chicas.
(BOTH GIGGLING) What's all the hubbub? A big demonstration about immigration.
Oh, great.
We're looking for the John Lennon Memorial.
Oh, that's at 72nd.
Where you folks from? Plymouth, Mass.
Let's go, kids.
Organizers expect more than 50,000 people to come out in support of immigration reform.
So far, the crowd has heard from (WOMAN SCREAM I NG) Hold on.
There seems to be some sort of disturbance.
Watch out, Dan! (suns FIRING) (PEOPLE CLAMORING) Sanitation found her.
Looks like she crawled in there and died.
ED: Is that what it looks like? Gunshot wound, through and through.
LUPO: Time? With the heat, hard to tell.
Everything accelerates.
Maria Soriano, 27, lives on Second Avenue, it's an ID for an accounting firm.
We're going to need everybody you've got doing a canvass Everyone I got isn't much.
After the riot in the park yesterday, a lot of my guys called in sick today.
Tell her that.
I saw her last time yesterday morning.
She was going to work.
You remember what she was wearing? Khakis, uh, blue blouse, kind of tight, plunging You know? Showing some What? He asked what she was wearing.
Maria have a boyfriend? Had a boyfriend.
They broke up.
ED: You ever see him? Once, from the back.
He was getting on the elevator.
He was tall and white And he had a tight butt.
Okay.
We might need to talk to you guys later.
You folks have a nice weekend.
She left in same clothes we found her in.
Maybe she met somebody after work.
Okay.
Her story so far This is an alumni letter from NYSU, Class of '99, Accounting.
This is her green card, issued in 2000.
A letter from her mother, in El Salvador, thanking her for the money she sends home.
Oh, you read Spanish, too? So, you can write the "I'm sorry for your loss" letter to Mrs.
Soriano.
I'm not so good with letters.
Anything in here about a boyfriend? No, but this is an application for a work visa for an Inez Soriano, dated three years ago and denied last year.
Inez is her little sister.
This is her? Yeah.
If she's an illegal, she's not going to show up on the radar so quick.
We tried the immigration lawyer listed on her form, probably had a Saturday tee time.
Well, there's no number for Inez on Maria's cell phone? There was no cell phone on Maria.
I've appointed Assistant District Attorney Josh Lethem to lead the investigation.
I want to assure the citizens of our city that any misconduct during the rally, whether by civilians or police officers, will be prosecuted to the fullest extent of the law.
Thank you.
VAN BUREN: That's all we need.
A bunch of knuckleheads with badges beating up civilians.
You buy this as a police riot? I know what I saw on the news.
You want to see a police riot, go to Pakistan.
That's why people jump the border to come here.
YouWelooHng for an Inez Soriano? Yeah.
We pinched her at the rally yesterday.
(SPEAKING SPANISH) (SPEAKING SPANISH) Did you see Maria on Friday? Si.
At the demonstration.
We go together.
She She says it's important.
Now, what happened at the demonstration? At the beginning, it's very good.
(SPEAKING SPANISH) Troublemakers? Si.
They throw bottles at the police.
Maria shout at them to stop.
They get mad at her because she is, uh (SPEAKING SPANISH) Recording them? Maria had a camera? In her phone.
And, uh, one of them tried to take it from her.
He run after her.
Then the police, they shoot gas.
I cough and I And I cry and I And I never see Maria again.
Okay, Inez, we're going to get you out of here.
We're going to take you down to our station so we can make a picture of this guy, okay? La migra send me back to El Salvador.
I know this.
But you keep Maria here.
Please? She worked too hard to come here.
This is her home.
Please? LUPO: We need to find that phone.
With a little luck, maybe TARU can hone in on a signal.
MAN: (SHOUTING) I have a green card! This is a hell of an idea, to keep people like this.
Oh, right, you were out of the country.
They started doing this in '04 to control protesters during the Republican Convention.
This ain't the same country you left.
Our people said the signal came from in here.
Be my guest.
Just don't beat anybody up, okay? Let's see who lights up.
What's Maria's number? (CELL PHONE RINGING) (RINGING CONTINUES) We keep the phones we find in the park In here.
ED: Gotcha.
ROWLAND: I'm up here and then you hand me a cell with a toasted screen and a mushed USB port.
Wow, you almost make it sound sexy.
(SCOFFS) Detective, you really know how to push my pixels.
(ED CHUCKLING) (SIGHING) Okay, showtime.
(UPBEAT MUSIC PLAYING) (ALL CHATTERING) (PEOPLE WHOOPING) MAN: We broke the law to come here, but we are not here to break the law! We came here to work! (CROWD CHEERING) (ALL SPEAKING SPANISH) We are American! (ALL CHANTING IN SPANISH) ALL".
We are American! (PROTESTORS SCREAMING) Shut it off! Yo, you deaf? I said shut it off! (SCREAMING CONTINUES) (sun FIRING) Two gunshots.
Can you back it up? Pause it.
There.
âYams Locos.
â If he's been pinched before, his ink's in the system.
You got the wrong dude, man.
LUPO: Yeah? Then you know why we're here.
No, but whatever it is, I ain't the guy.
(GRUNTING) ED: Looks like a match to me.
So what? I didn't do no misconduct at the park.
I was just exercising my right to protest.
This is your third arrest, Ignacio.
You know the drill, right? Yeah.
I don't need no lawyer for this.
All right.
Great.
You remember this girl from the park? We've got the video from her cell phone.
You went after her because she was taping you? You got the video, so why you asking me? Right.
We got the video of you shooting her, too.
No, that's bull, man.
It was you guys who did it.
Cops.
One of you chotas shot us, man.
See, look at my leg, man.
Bullet just nicked me, man.
I'm one lucky son-of-a-bitch.
If you're feeling so cooperative, why don't you show us where it happened? Here.
Let's go.
IGNACIO: Right in there.
I saw her fall right by that tree.
That's when I bugged out.
Now, why did you think it was cops? Iturned back and I saw a bunch of cops shooting rifles.
Those were tear gas and bean-bag guns.
(SCOFFS) This look like it came from a bean bag? The cops was by the fountain.
The bullets came from the fountain.
It came from the cops.
Put him in the car.
(CLICKING TONGUE) (CAMERAS CLICKING) Wood's still blonde.
It's new.
Be careful.
There's a lot riding on that slug.
We tossed lgnacio's car, his home, even his work.
There was no gun.
Well, get with the D.
A.
and let's hold him for assault.
All right.
Stay.
The blood from the slug belonged to Maria Soriano.
Slug's a 9mm hollow point round, fired from a Glock.
A cop bullet.
CSU also found two 9mm casings about 10 yards away from where Maria went down.
I'll call the Chief of Ds and the D.
A.
lgnacids our main witness.
Let's get him into protective custody.
And mind who you talk to.
This is going to get ugly, real quick.
You deaf? I said shut it off! (PROTESTORS SCREAMING) (sun FIRING) Our witness stated he turned toward the shots and saw a number of officers in riot gear, some with tear gas and bean bag guns.
Two 9mm shells were later found at the scene and identified as being fired from a Glock 19.
Your witness, that's the felon we just saw chucking bottles at our people? Yes, Chief.
Ignacio Perez.
And your theory is that Ms.
Soriano got to her feet after being shot in the gut, walked out of the park, crossed the street and died in an alleyway? That's what the evidence suggests.
What did her sister witness? Not much.
She was separated from Maria before the shots were fired.
What about this woman, Susan Kessler? Maria's co-worker.
She was also separated from Maria early on.
Bring Ms.
Kessler back in for a more complete statement.
Well, shejust returned to Canada for an extended stay.
She was here on a work visa.
Damn it! Don't we have any American witnesses? Yes.
Ignacio Perez, sir.
Thank you for your report, Lieutenant.
I checked the UORs regarding this incident.
No officer fired his weapon.
I appreciate that, Chief.
Still I want every officer on duty in that area of the park interviewed.
It's already done, during my initial investigation of the riot.
The police used crowd-control measures, but no officer so much as drew a weapon.
It's a different ball game now.
Interview them again.
Mr.
McCoy, I think we just heard, the man you appointed to head your investigation announce a finding.
Mr.
Lethem misspoke.
We'll have our findings after we have our investigation.
Fine.
IAB will take over at our end.
You're taking Lieutenant Van Buren off the case? IAB investigates all officer-involved shootings.
So now you're conceding this was an officer-involved shoofing? I know how you gentlemen feel about the Lieutenant.
I don't want her removed.
Mr.
McCoy, for somebody who's a place-holder, you're not living up to expectations.
A place-holder? Let me be clear.
If anyone gets in the way of this investigation, I'll haul every cop who was in the park before a Grand Jury without immunity.
Anybody who pleads the Fifth, I'll indict for obstruction.
Next time, Josh, don't be so quick to stake out a position before you have all the facts.
I don't see cops as the enemy, Jack.
Neither do I.
The IAB will give you a good report.
But Van Buren's independent.
Use her.
Six weeks on the job, Jack.
Bet you're sorry now, huh? (CHUCKLES) (DOOR OPENING) IAB finished ballistics tests on the service weapons of the officers on duty at the park No match for the slug.
So, lAB's taking this off our hands? Well, lAB's doing their thing, and we're doing ours.
This is still a homicide case.
It's kind of a hot potato.
We're already catching a lot of crap on the street for this riot.
You're not begging off, are you? No, no, no.
We're on it.
Uh Maybe this isn't the right case for me.
Look, Detective Lupo, I remember you as a good patrolman.
Now, I know you've had some rough spots since then.
Rough spots? I fell asleep hung-over in my car while my partner got shot getting me coffee in a bodega.
I know all that.
Well, you put You put a guy like me on a case like this, investigating other cops I can take the heat.
Can you? Get back to work.
I've got cops firing tear gas, shooting bean bags, but no cop firing a pistol.
I got to get all this stuff ready for IAB.
They're coming in tomorrow.
That's IAB, a day late and a dollar short.
Here you go.
So far the crowd has heard from Hold on.
There seems to be some sort of disturbance.
Watch out, Dan! (PEOPLE SCREAMING) As you can see behind me, the police have decided to break up the rally Shaw's over! Move it! You can't do that.
You can't tell me ED: What were you saying about Pakistan? What's the time code on this footage? It's one minute after the shooting.
Can you rewind it in slow-motion, please? ROWLAND: Here you go.
Stop.
Play it forward.
You see this guy back there? ED: Yeah.
He's running from the area where the shooting was.
He just put something in his pocket.
Can you blow it up and play it again? Can't make it out.
It looks like it could be a weapon.
A back-up piece.
Can you give us a blow-up of the other officer's name tag? Him.
I'm being sued by reporters, I'm on suspension.
It's a freaking headache.
I don't like hitting people, but jeez Louise, they were throwing rocks at us! Really, that reporter, she was throwing rocks at you? We're not here about that, Officer Rizzo.
We want to know about this guy.
And helping you is going to help me how? Oh, I don't know.
But I can promise you, not helping us ain't gonna help you at all.
I don't know his name.
He was in a unit of about 12 guys that was left of our line.
We got the order to move in Next thing, I see this guy come run out of this little wooded area.
The wooded area by the footpath? Yeah.
Why, what did he do? There was a demonstrator who was shot down by the path.
You think he did it? He's not even a real cop.
He's a wannabe.
An Auxiliary? Yeah, an Auxiliary.
Those jokers don't even carry weapons.
BRODY: You understand, the people who become Auxiliary officers do so because they have a sense of community and public service.
We appreciate that.
It's only a few months ago that the Department saw fit to issue bulletproof vests to Auxiliaries.
It's not just anybody who'd wear a uniform and a badge and walk the streets like a sitting duck without any means of defending themselves.
We hear you, man.
You know what kind of weapon was used? Glock 19.
We'll run these names down, see if anybody has a permit.
I can save you the trouble.
Officer Rodchenko.
I helped him get a permit three months ago.
I can't talk.
I'm stuck here all day.
ED: It's okay, we brought a replacement.
Let's go to our car.
What's going on? Uh, do you own a Glock? Yes.
Okay, we need it.
You keep it at home? Officer Rodchenko, you can tell us where it is, or we can have a search warrant waiting for us at your house.
Either way, we're going to find that gun.
Uh, I lost it.
Three weeks ago.
I was jogging in Prospect Park.
It fell out of my pocket.
You file a report? Okay, Officer, you should consider yourself under arrest.
Turn around and put your hands on the hood.
Turn around, hands on the hood.
Why are you doing this? A woman was shot at the rally Friday, a demonstrator, shot dead.
Shot dead? I've nothing against those people.
I'm an immigrant myself.
I came here from Bosnia with my parents when I was 10.
Anything else you want to tell us? I I get a PBA lawyer, right? Even though I'm an Auxiliary? Yes, you're entitled.
Just like a real cop.
He's not impressing me by keeping his mouth shut.
Did you search his house? And his car and his locker.
No gun, but we found a box of 9mm ammo, same make as the rounds fired in the park.
It's meaningless.
Anything else? We're searching along the jogging paths in Prospect Park.
(SCOFFS) Not finding his gun won't prove that he didn't lose it.
I guess we could sit around with our thumbs up our asses and wait for this guy to fess up.
All right.
Let's put Rodchenko back in holding.
I'll get the paperwork ready for his arraignment.
No, no.
I don't want him arraigned yet.
I want to get an indictment first.
That means we'd have to present to the Grand Jury tomorrow morning.
Why not arraign him first, then we take the time we need with the indictment? Because I won't drag him through an arraignment in open court, unless I'm sure that I can get an indictment.
By the way, Lieutenant, putting someone like Detective Lupo on this case, with his history, that's a brilliant command decision.
Detective Lupo's history is just that History.
This witness makes me nervous.
Ignacio Perez? Mmm.
Well, he's the only one who saw Maria get shot.
Not to mention he's a shooting victim himself.
He's a street thug.
Who knows where his wound came from? Josh, what's this I hear? You pushed back Rodchenko's arraignment? Well, yeah.
Once we arraign a cop for this shooting, all hell's going to break loose.
It puts us Well, puts you in a better position if we can back it up with an indictment.
I certainly don't want to blow it with a slipshod presentation to the Grand Jury.
Are you going to be ready? As soon as we agree on our witnesses.
Ignacio Perez is up for grabs.
What's the problem? Indicting a cop on the testimony of a two-time felon might not sit too well with the Grand Jury.
His criminal record is immaterial.
You have no obligation to raise it.
(SCOFFS) Got n.
I'll put him on last, be a strong finish.
We should be in and out of there in an hour with the goods.
I helped Officer Rodchenko fill out a permit for a Glock 19.
I made sure he knew all the rules and regulations.
He even came up to the place my wife and I have in the Catskills for some target practice.
And you saw him carry the weapon while on duty? Never.
He knew better.
Ours is the only auxiliary force in the state that doesn't allow its officers to be armed.
Thank you, Lieutenant.
Something you want to add, Lieutenant? Yes.
Rodchenko is a dedicated officer, and I don't believe that he or anyone under my command would violate regulations, let alone shoot into a crowd of unarmed civilians.
Thank you.
You're excused.
I heard two shots from behind me, and I saw the lady go down.
I felt the burning in my leg Turned, saw the cops, so I ran away.
When you went to the hospital for your wound, did you tell the doctors? I didn't go to the hospital.
Why not? Because they see a gunshot wound, and they have to call the cops, and I didn't want no trouble.
How did you know that hospitals have to report gunshot wounds? Becausethafs how I got arrested the last time.
The last time? Yeah.
I've been arrested two times, for assault and for drugs.
But you're sure that the shots that you heard came from the line of police behind you, the same ones you'd been throwing bottles at just moments before? Yeah, I'm sure.
This now concludes the presentation of the People's case in chief.
Yes, what is the question? Have the police scientists matched Officer Rodchenko's gun to the bullets found in the park? Uh, no.
No, the police were unable to match the bullets to aweapon.
You were right.
We were in and out of there in an hour.
Thank you.
(EXCLAIMS IN ANNOYANCE) They no-billed it.
No, really? I'm releasing Rodchenko.
I've been reading these Grand Jury transcripts, Josh, and I can't for the life of me figure out what the hell you think you were doing.
I was trying to get an indictment, of course.
HOW? You let Lieutenant Brody turn himself into a character witness for Rodchenko.
You practically instructed Ignacio Perez to tell the Grand Jury about his criminal record.
And then, in answer to a question, you not only failed to tell the Grand Jury Rodchenko claims he lost his gun, you implied that we had his gun and couldn't match it to the bullets.
That's your spin on it.
Right now, my spin is the only thing that should matter to you.
I did the best I could with the facts that I had, Jack.
If you hadn't let a malcontent precinct lieutenant run this case, maybe I'd have had more to work with.
You're off the case.
Rodchenko, the riot, all of it.
Jack I've tried very hard to convince myself that you're not servicing an agenda.
Thenllooked at your record as a prosecutor.
Twenty years and never once did you work a case involving police misconduct.
The police in the park were provoked.
If they can't stand up to provocation, they've got no business being cops.
Sometimes somebody has to protect us from the protectors.
I know.
I've been there.
So (CHUCKLES) There it is.
Some of us were wondering how long it would take for the real Jack McCoy to rear his shaggy hippie liberal head.
You know, when Arthur left, the attorney general told me he wanted me sitting in that chair.
And the Mayor wanted somebody else.
But I was the guy next in line for the job.
This way, everybody's hands are clean, and I don't have to grind anybody's ax.
Except your own.
Josh, I think you've said enough.
This is too much power for you, Jack.
You can't be trusted.
If you really believe that, you shouldn't be working for me.
You can resign, or I can fire you.
Either way, clean out your desk tonight.
You're done here.
(DOOR CLOSING) (sums) As of now, you've got the Rodchenko case.
What happened to Lethem Lethem's out.
I want you to apply to re-present to the Grand Jury.
No judge is going to let us go near another Grand Jury unless we have new evidence, real evidence.
Find something.
Do I have to do everything around here? (SLAMS) BARANEK: Tough break today, Mr.
McCoy.
Now that this Rodchenko business is behind us, when are we going to see your report on the, uh, so-called riot? When it's ready.
And I'm not done with Officer Rodchenko.
Forget Rodchenko.
He's off the force as of today.
I signed the order myself.
You see? We do know what to do with troublemakers.
And we don't need more civilian oversight, which could be a consequence of an unfavorable report from you.
So What do you say? I say my $30 steak is getting cold.
Cut the boys in blue a little slack, McCoy.
It's good for the soul.
It has to be evidence that wasn't available the first time you went before the Grand Jury.
You know, I've never had a boss fired out from under me, or over me, I guess.
Lieutenant Brody's testimony in the Grand Jury.
He said Rodchenko did target practice at his place in the Catskills with his new Glock 19.
I wonder what he did with his bullet casings.
They're from a private shooting range.
We're looking for a match with the casings from that park thing.
You from the city, Detective? Queens, Rego Park.
You? Oh, here and there.
My parents were gypsies.
The Theory of Justice? Oh, right.
You've You've read it? Yeah, during first year law.
It's my second time.
I'm taking a night class at Brooklyn Law.
Night law school Like root canal with a dull drill.
(COMPUTER BEEPING) HARLAN D: Got it.
CUTTER: Not only do the shells match, a thumbprint belonging to Officer Rodchenko was found on the shell from the shooting range.
Your Honor, we have onlytheirword that this is newly discovered evidence, as opposed to evidence that they overlooked because of their own incompetence.
The fact that Mr.
Lethem has been replaced seems to indicate the latter.
We didn't know to look for this evidence until awitness alluded to it during his Grand Jury testimony.
That makes it newly-discovered in my book.
Leave to re-present to a new Grand Jury is granted.
Your Honor, my client wishes to appear before the Grand Jury to tell them that on that Friday afternoon, he fired his weapon at the demonstrators in response to an order from a superior officer.
An order? From who? We're not ready to present that evidence yet.
Well, then, Ms.
Sanders, you'd better be ready by the time we go to trial.
Until then, your request to address the Grand Jury is denied.
(GAVEL POUNDING) ROWLAND: I was in way over my head, so I called in a couple of acoustical engineers from Boston.
They worked on the Kent State and Dealey Plaza tapes.
They enhanced the audio from three sources, a cell phone call to a radio station, a police mike, and a news feed.
Okay, Leo, show them what you got.
MAN ON TAPE: Over there, close ranks.
(PEOPLE SHOUTING) Prepare ordinance.
All officers set and ready on my command.
Repeat, ready on my command.
He's tense.
You can hear how his voice is pitched higher.
Ready on the right.
Ready on the left.
Wait for my command.
Hold! Hold! Red light! Red light! Red light! He's telling them to hold their fire.
Mmm-hmm.
Close ranks.
Wait for it.
Wait! Wait for my command! Green light! Green light! (suns FIRING) (TAPE STOPS) Green light, command to fire.
MAN ON TAPE: Wait! Wait for my command! Green fight! Green fight! (suns FIRING) (PEOPLE SCREAMING) Have you put a name to this voice? The police aren't volunteering names.
Take the gloves off.
Issue subpoenas.
Unless every officer save Rodchenko disobeyed the order, its meaning is pretty clear.
It was an order to fire only tear gas or bean bags.
"Green light? Green light?" In the middle of a riot, Rodchenko's lawyer will argue it could mean anything.
I can't imagine ajury agreeing it meant firing live ammo at unarmed civilians.
No one ever went to jail for shooting four unarmed students at Kent State Thejury'll read into this what they want.
And they won't care all that much if Officer Rodchenko violated some department rule by carrying a weapon on duty.
MAN ON TAPE: Green fight! Green fight! SLOAN: That's me.
That's my voice.
It was an order to fire non-lethal weapons.
And that was understood by the men under your command? Yes.
We discussed the crowd-control measures during a tactical briefing prior to being deployed, and then again at the park.
Thank you, Sergeant.
Officer Rodchenko wasn't under your command, isn't that right? That's right.
So, he wasn't at the tactical briefings? No, he wasn't.
We heard testimony that there was smoke, flying debris, rushing crowds.
Isn't it possible that an officer could've heard your order without actually seeing the non-lethal weapons that your men were aiming? Yes, it's possible.
Now let me ask you, these commands, "Red light, green light," it's the same commands for non-lethal and lethal weapons, isn't that right? Well, the circumstances determine the type of force Objection! Non-responsive.
Move to strike.
Sustained and stricken.
Same command for lethal weapons, yes or no, Sergeant? Yes.
Same command.
Thank you.
No more questions.
Redirect.
Sergeant, please complete your answer about circumstances that determine the use of lethal weapons.
Unless threatened with the imminent use of deadly physical force, an officer may not discharge his weapon.
Thank you.
RODCHENKO: There was 12 of us Auxiliary officers on the left flank of the main line.
We had helmets, plastic shields, pepper spray.
There was maybe 500 demonstrators in front of us, and they were angry, screaming, spitting at us.
We started getting hit with rocks and bottles.
The regular officers moved to the right, and the Auxiliaries were cut off.
We had to fend for ourselves.
And then what happened? Somebody with a bandana over his face, he threw a bottle at me.
I was being attacked.
Then, I heard a command voice coming from where the main line was, saying, "Green light, green light.
" And what did you understand that to mean? It was an order to fire my weapon.
I drew my weapon, I saw movement, and I fired.
I fired twice.
And then what did you do? I was able to retreat and rejoin my unit.
It wasn't until later I found out one of my shots killed Ms.
Soriano.
I didn't mean for that to happen.
I am so sorry.
The firing of a live round is a serious thing.
It means an officer is in danger and has no other recourse.
I was in danger, and I heard the order to fire.
"Green light, green light.
" You're very diligent about following orders, correct? Yes, sir.
Red light, hold your fire.
Green light, fire.
Correct? Yes, sir.
Well, how about Auxiliary Regulation 4.
1? Are you familiar with it? It prohibits Auxiliary officers from bearing a firearm while in uniform.
That's a regulation you violated that Friday, correct? Yes, sir.
You pick and choose which orders to follow, depending on your mood? It's not like that.
Then why did you violate Regulation 4.
1? We wear a uniform, a badge Walk the same streets, take the same risks as regular cops.
Oh, you mean real cops? We are real cops.
Well, the Police Department doesn't seem to think so.
Isn't it true they assign you to playgrounds and pools? That in emergencies, the Department calls up retired police officers before they call in Auxiliary officers? All true? Yes.
And when they do need you to face down an angry mob, they send you out there with nothing but a plastic shield and a tiny can of pepper spray, correct? Yes.
It shows a lack of respect for your dedication and service, doesn't it? That's right, it does.
Then it was perfectly reasonable for you to arm yourself, because you can't allow yourself to be gunned down like a dog, can you? No, I can't.
Even if your department treats you like one.
That is right.
That is how they treat us.
Is that what you were thinking when they ordered you to just stand there and get pelted by rocks and bottles, they don't respect you? No, they don't.
When they ordered you to march into that angry mob with your can of pepper spray? No respect.
NO, sir! No respect from the real cops.
No! But that angry mob, those thugs, they were going to respect you.
Yes! Those bottle-throwing thugs Yes! Like Ignacio Perez? Yes.
And Mafia Somme.
Y es! Mark Somme, an accountant'.
! A thug, Mr.
Rodchenko? You didn't need an order to shoot somebody, did you, Mr.
Rodchenko? You'd already decided before you got to the park, and you didn't care who.
Withdrawn.
If there's no re-direct, you're excused, Mr.
Rodchenko.
Sidebar, Your Honor? We have an addition to the witness list, an expert witness.
Pertaining to what? Prosecutorial discretion.
I want to call former Assistant District Attorney Joshua Lethem.
That is completely improper.
Mr.
Lethem was once the prosecutor assigned to this case.
He's privy to confidential communications relevant to the case.
He shouldn't be allowed to testify.
If Mr.
Lethem reveals anything that Mr.
Cutter feels is confidential, he's free to object.
If your witness crosses the line, I'll object and bounce him out of here.
Have Mr.
Lethem here first thing tomorrow morning.
Lethem.
I should've known he wouldn't go quietly into that good night.
Is there anything I should know that was said between the two of you? You already know the gist.
Jack, if it's a problem, I can whip up a Daubert Motion tonight to exclude Lethem.
And look like we have something to hide? Let Lethem have his day.
Now I know why Adam Schiff was so grumpy.
Mr.
McCoy instructed me not to bring up Ignacio Perez's criminal record to the Grand Jury.
He was right, I was under no obligation to, but I felt the Grand Jury needed to know so they could weigh Mr.
Perez's credibility as awitness.
And what did the Grand Jury ultimately decide? Well, they decided not to indict Mr.
Rodchenko.
And then what happened? Mr.
McCoy was very unhappy.
He removed me as the chief prosecutor investigating the disturbances at the rally.
When I objected, he fired me.
To what, if anything, do you attribute Mr.
McCoy's strong reaction? Mr.
McCoy is biased against law enforcement officers.
During an acrimonious meeting with two high-ranking police officials, he threatened to indict every police officer at the rally.
Later, he told me that he believes that the public needs to be protected from the police.
Were you surprised by that statement? No.
Mr.
McCoy's record speaks for itself.
As an Assistant District Attorney, he often used his prosecutorial powers to engage in social activism on behalf of a liberal agenda.
He was often reprimanded for it by previous District Attorneys.
But now that he is the District Attorney, there's no one to rein him in.
Mr.
Lethem, as a former prosecutor, do you have an opinion as to whether my client should have been prosecuted for his actions at the rally? Yes.
Yes, in my opinion, the first Grand Jury that heard this case rendered the correct decision.
No indictment.
If Mr.
McCoy hadn't rammed an indictment through a second Grand Jury, we would not be here today.
Thank you.
(CLEARING THROAT) During the 21 years you worked for the District Attorney, how many police officers have been prosecuted for misconduct, approximately? Oh, I'm not sure, it's probably in the hundreds.
How many of those prosecutions did you lead? None.
How many did you assist? None.
Is that because you believe a police badge excuses every behavior? Uh, he doesn't have to answer that, Your Honor.
It's sour grapes from a fired employee.
Nobody believes it.
They will if we lose.
There's the case, and then there's everything else.
How are you going to answer this? I spent my whole life in the pursuit of justice, and to have this punk What an idiot! Where did I get the idea I could do this job without the politics, and stay above the fray? You're in the soup now, my friend.
The Communications Office suggested a press conference, or maybe a couple of strategic phone calls.
I'll answer them in the arena I know best.
JACK: My entire career has been dedicated to the facts and the law, without regard for where they lead, and it was clear to me that the facts here led directly to an Auxiliary officer blindly firing an unauthorized weapon into a crowd of unarmed civilians.
No one is denying these facts, so, to me, no fair-minded person could find their prosecution unjust or politically motivated.
Then explain why you fired Mr.
Lethem.
I didn't fire him because of his failure to get an indictment, even though that failure was caused by his own inability to remain objective.
I fired him because he told me that I couldn't be trusted, and I can't rely on an employee who doesn't trust me, not where people's rights and freedoms are at stake.
Mr.
McCoy, do you like cops? Some cops I like a lot.
I respect police officers, I appreciate the difficulty of their job.
I respect the standard they hold themselves to.
But you've prosecuted cops? I've prosecuted individual cops.
On more than one occasion? In fact, you've worked on more prosecutions of police officers than anyone in your office, isn't that right? Maybe because I've been there the longest.
You prosecuted cops, Big Tobacco, Big Pharma, pro-life groups, anti-gay activists, gun manufacturers, the whole liberal hit list, isn't that right? I took the cases that landed on my desk.
In fact, you went out of your way to fabricate cases to service your liberal agenda.
That's not true.
It's not true? Didn't you bend the law so egregiously in your illegitimate pursuit of a gun manufacturer that the judge had to set aside the jury's guilty verdict in the interest of justice? Didn't the judge have to, as Mr.
Lethem testified, rein you in? That's one side of the ledger.
I was also reined in while prosecuting a sexual predator, I was reined in for prosecuting a bunch of Russian gangsters who killed a prosecutor and almost blew up a police station.
Maybe sometimes, by accident, you are on the side of the angels, but Mr.
Lethem is right.
You can't be trusted.
You're out of control, isn't that the bottom line on you, Mr.
McCoy? The bottom line, Ms.
Sanders, where there's a law, I'll enforce it.
Where there's a crime, I'll prosecute it, and where there's a victim, I'll speak for that victim.
That's my bottom line.
No more questions for this witness.
As to the first count of the indictment, murder in the second degree, has the jury reached a unanimous verdict? Yes, we have, Your Honor.
We find the defendant guilty.
As of the second count of the indictment, attempted murder in the second degree, how do you find? We find the defendant guilty.
(GAVEL POUNDS) That's it? All 700 pages of it.
There's a copy for each of you.
So what's the final verdict, police riot or not? I'll tell you this Both sides will be angry with me.
Sounds like you got it right, then.
What's this? It's one of the tie pins from Bobby Kennedy's campaign in '68.
I found it on eBay.