Law & Order (1990) s19e09 Episode Script
By Perjury
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.
Top you off? Thanks.
And let me get another piece of that raspberry pie with a scoop of vanilla ice cream.
Oh, aren't we in a fine mood on a dreary night? That stuff must really work.
Yeah, works for me.
Got a lady joining you? Oh, even better.
I'm get to stick it to a guy who's been sticking it to me.
I'll be right back with that pie.
Guy in that bodega heard shots, saw a dark colored SUV burn away from the intersection.
Two shells, 9-milimeter.
DOA's a Charles Sawyer.
Address in East Meadow, Long Island.
Business card says he's a contractor.
The weapon was fired from here, maybe when the car was stopped at the stop sign.
Driver's foot came off the brake, and it rolled into the streetlight.
One shot to the head.
The passenger window's open.
Maybe he rolled it down when the shooter in the dark SUV pulled up on the right side.
Maybe somebody he knows.
We got two more shots.
Three shots, and only two shells.
We'll need all the texts and the calls from his cell phone.
"Connelly and Seltzer Law Firm.
" And the winner is Charlie's divorce papers.
Unsigned.
Well, the divorce is final now.
Charlie had the divorce papers for three weeks.
Then all of a sudden yesterday he calls, quick, quick he wants to come over and get me to sign them.
Any idea why the rush to get the divorce finalized? I figure the only reason men want a divorce is they've met the next woman they want to drive crazy.
What were you two fighting over in the divorce? Nothing.
Just feelings.
We got no kids, the bank owns most of the house.
Oh, he had this little place up in the Poconos from his mom.
She died last summer from emphysema.
What about his contracting business? I heard it wasn't going so hot.
He had to borrow a load of money from some, you know, people.
Hey! Hey, hey, hey! Get off! Get off! The hell you going to stop me.
Get it off the truck right now! Hey! Hey! Police, break it up.
Officers, he's trying to steal our equipment.
Aw, you lying sack! Sawyer owed me money.
Come on, let's talk over here.
Hey, you men unload that backhoe.
Let me see some ID.
What's going on? I lent Sawyer a hundred grand.
Yesterday he tells me he's going to have my money on Friday.
This morning I hear he's dead.
I figure if I'm ever going to get my money back, I better get here quick before it all gets tied up in court.
That's not the way it works, Mr.
Biaggio.
You're going to have to stand in line with the rest of the creditors.
The guy's not even dead a day and already the vultures are picking at the bones.
How long has that vulture been circling? Charlie was into him for a brick.
Biaggio was leaning on him to pay up.
Doesn't look like his prospects were too bright.
Your job board's empty.
Not that Charlie seemed to notice.
How do you mean? Yesterday, we had an appointment to bid on a job.
Charlie blew it off.
Said he had something important to do.
Mr.
Biaggio said that Charlie was going to pay his debt off by the end of the week.
You know anything about that? No.
Look at how the guy lived.
He couldn't even barely afford to keep the lights on.
This story about coming into some money could just be Sawyer playing for time.
Except he passed up on a job, and pushed his wife to sign off on the divorce.
Any idea what he was doing in the city? Uh, eating raspberry pie.
That's what he had in his stomach.
M.
E.
Figured Sawyer chowed down within an hour of being shot.
What about his cell records? Here they are, right here.
All right, we got outgoing calls to his ex-wife, Nick Biaggio, and his construction office and to two law firms, neither of which were handling his divorce.
Then, incoming from his ex-wife, his construction office.
The last call came in 11 minutes before he was shot, from a phone booth on Leonard and West Broadway.
It's a few blocks from the crime scene.
Can you it up on the map? Just a second.
Let's see a street view.
Check out the diner across the street.
"Fresh Homemade Pies.
" Mr.
Raspberry Pie.
Came in here, sat right there by himself for an hour.
Tipped me ten bucks.
The pie man was flush? Just deliriously happy.
I thought he'd been sucking on that oxygen tank he had with him.
Oxygen tank? Mmm-hmm.
No bigger than a thermos.
What was he so happy about? He said he was going to stick it to the guy who was sticking it to him.
And who was that? The guy who he said he was waiting for.
I don't know, that would be my guess.
He got a call and he left.
Excuse me.
Charles Sawyer wasn't a client.
On the contrary, Mr.
Sawyer and his mother were suing one of our clients.
And what client is that? PanWorld Airlines.
The The crash off Long Island, what, seven years ago? Yeah.
Flight 33 to Miami.
Uh-huh.
Mr.
Sawyer's father was on the flight.
Mr.
Sawyer and the families of the other 96 victims have a class action suit against PanWorld.
You close to a settlement? Hardly.
We're far apart on numbers and nowhere near a trial.
It didn't help that the original judge on the case was killed by one of the plaintiffs five years ago.
So, why did Sawyer call your office a couple days ago? He said he had some good news for my client, and he wanted a meeting.
Good news for PanWorld? He wanted to cut a side deal with you guys? It's not unusual to have a renegade litigant in a class action suit.
What was Sawyer's good news? We didn't get that far.
I told him it was improper for me to speak to him without the permission of his lawyer.
The explosion ripped a hole in the fuselage.
The FAA ruled out terrorism, so that leaves negligence on the part of the airline and the manufacturer.
How much is this lawsuit worth, Mr.
Winston? I represent the families of 46 of the victims.
With punitive damages, we're looking at multiples of a hundred million.
Our records show that Charlie Sawyer called you the day he was murdered.
Yes.
He called every week, asking when he was going to see his money.
He I know things were tight for him.
Thanks, Wanda.
These are depos from the airline's own mechanics about working double shifts and rush maintenance checks.
We even have affidavits from whistle-blowers.
Before he called you, he told PanWorld's lawyers that he had good news for them and that he wanted to settle.
What kind of good news? That he didn't say.
Knowing Charlie, he was working an angle.
"So, you and your clients are nothing but CIA lackeys.
"How much are the Islamo-Fascists paying you "to hide the truth about Flight 33?" There's a pack of conspiracy nuts that have turned this tragedy into an industry.
They've got books and blogs to peddle.
Some of them have even harassed my clients directly.
Do you have a warrant? Not that that matters.
I mean, your kind, you don't care about warrants, do you? You will not silence me, you know.
Mr.
Belanger, we're not the men in black.
So, you think this is funny.
Not really.
Ninety-six people are dead.
Ninety-seven if you count Charles Sawyer.
You do know who he is, don't you? He's a plaintiff in the lawsuit whose silence was for sale.
Yes.
You sent the victims' families letters urging them not to settle.
You were harassing them.
I was harassing them? Please, they were harassing me.
Not a week went by when this Sawyer fellow didn't post some anonymous screed on my blog.
If it's anonymous, how do you know it was him? Because I keep meticulous record of every IP address that drops a comment on my website, huh? See? Name, login address, date, time.
Sawyer posted some of his idiotic drivel just this past Tuesday.
The day he was shot.
Can I see this? Well Have at it.
I'm going to go call my lawyer.
Okay.
Okay, so, Sawyer logged in from Henryville, Pennsylvania at 10:16 in the morning.
Henryville's in the Poconos and his mother had a house there.
Maybe Sawyer kept his facts there.
What the hell happened here? Looks like Charlie's good news blew up on him.
The place's been on the market since Mrs.
Sawyer died last summer.
Her son stays here from time to time.
This damage looks recent.
It happened last Monday morning.
I called Charlie Sawyer.
He came out here Monday afternoon.
So, what happened? Oxygen tanks inside the house blew up.
Let me show you.
Mrs.
Sawyer had emphysema.
She needed oxygen.
There were a couple of unused tanks that had been stored next to the furnace.
Once the weather got cold, the furnace fired up, these tanks got too hot and exploded.
Ripped a pretty nice hole into the side of the house.
Last time we saw a hole like that, it was on the side of a plane.
The lab said that if an oxygen tank was placed in the cargo hold of a plane, it can be subjected to temperature spikes, and if it exploded, it can bring the plane down.
Was an oxygen tank found in the debris of Flight 33? No, but the debris field covers a half a mile of deep water.
I talked to Charlie's uncle in Miami.
Charlie's mother was on holiday there seven years ago.
Her husband was flying to join her when plane went down.
The uncle remembers her asking her husband to bring extra oxygen.
So, Charlie's father put an oxygen tank in his luggage? No way to tell.
But Charlie might've assumed he did when he saw what an exploding tank did to his mom's house.
That could be the good news that he had for PanWorld.
An exploding tank would rule out negligence as a cause of the accident.
And the airline would be off the hook.
And in turn for a payoff, Charlie gives them a defense.
And the rest of the plaintiffs would be out of luck.
Hey, Charlie had an oxygen tank with him in the diner, probably for show-and-tell at PanWorld.
It was missing from his car after he got shot.
Talk to his lawyer, see if he's been in touch with the other plaintiffs.
I got to tell you guys, PanWorld's counsel is the top aviation litigator on the East Coast.
If there was an oxygen tank in the cargo hold, they would've been all over it years ago.
We're not saying Sawyer's theory was true, just that somebody thought it might be.
And they killed him before he could tell PanWorld.
"They" meaning who, another plaintiff? Was Charlie in touch with any of them? They have support groups, websites.
I can't keep track of them.
There are other lawyers representing the families of the other 50 victims.
You might ask them.
What about among your plaintiffs? You mean as a suspect? Some of them have criminal records, few others could use anger management classes.
Come by tomorrow, I'll show you their files.
Just for the drill, where were you Wednesday night? Our lieutenant would want us to ask.
Yeah, besides, you do have a financial stake in this, right? If you win the suit? You're serious? You going to tell us or you want to consult with a lawyer, Counselor? Don't get hostile, Detective.
I was at home Tuesday night and, yes, I live alone.
Call me tomorrow if you want to take a look at those files.
He might as well have told us he has no alibi.
I admit he's got a financial motive.
A third of four hundred million? That's not a motive, that's imperative.
Yeah, but you saw Winston's car, light gray Beemer.
Eyewitness saw a dark colored SUV leave the scene.
You just don't like lawyers.
Nothing personal, Lupes, all right? Oh.
Hey, Winston had an arrest in Henryville, Pennsylvania last Wednesday.
Day after Sawyer was shot.
Right, last Wednesday.
Arrested for what? Doesn't say.
The disposition was sealed.
If the record's sealed, I don't have the authority to open it.
I'd be breaching my powers as County Attorney.
Ryan, that affidavit you gave me yesterday? I need you to do it over again, this time in English, if you can manage it.
Yes, sir, Mr.
Bainbridge.
Please.
Mr.
Winston is a murder suspect, sir.
Sorry.
You want a look at that arrest in Henryville, get an unsealing order from a County Judge.
They're in session every other Friday.
I need that affidavit tomorrow morning, Ryan.
Two weeks from now is a long time.
Who took a dump in that guy's breakfast, huh? Bainbridge? Yeah, can't live with him, can't shoot him.
This is a pretty tricked out patrol car.
What's it do? I got it up to 195 last week.
No kidding.
We don't have anything like this in New York City.
If you're ever in town, look us up.
We'll take you out for a steak at Sparks, show you where they gunned down Big Paul Castellano.
Oh, yeah? Okay if my husband comes along? Oh, sure he can.
We're not jealous.
Have a good one.
Hey.
Yeah? That arrest in Henryville? Uh-huh.
What's Winston's first name? Martin.
It was last Wednesday.
All right.
All right, promise me this does not get back to Bainbridge.
Okay, deputy responded to a prowler call at 0600 hours at the home of Bernadette Sawyer.
Arrested Martin Winston for criminal trespass.
Uh, hey, Winston might have been making sure Sawyer didn't leave anything behind connecting the house explosion with the plane crash.
What happened after the arrest? The sheriff voided it after confirming he was the the attorney.
What's this about a black Lexus? Well, the deputy ran the vehicle Winston was driving.
It was a black Lexus SUV.
Registered to a James Hewitt, 188 East 79th Street.
New York City.
Same apartment building as Winston.
Thanks.
Are you friendly with Marty Winston? Marty, down the hall? Yeah, sure.
Did you give him permission to drive your Lexus while you were out of town? The only thing Marty had was permission to take my newspaper while I was away.
You mind if we look at your car? I usually leave the key with the guy out front.
He keeps it in a drawer.
You mean the drawer he keeps unlocked while he takes a bathroom break? We saw that drawer.
Have you driven the car since you've been back? Yeah, yesterday.
You notice anything unusual inside? Uh, no.
But the wiper on the driver's side I don't know, it's not working.
Let me see your flashlight.
Looks like there's something jammed in here.
Can I see your pliers? Okay, hold that right there.
Looks like a 9-milimeter shell casing.
Mr.
Winston.
We're late for a trial conference.
Make an appointment.
Yeah.
Hold on.
You better have a damn good reason to put your hands on me.
How about this? You're under arrest for the murder of Charlie Sawyer.
I want to see an arrest warrant.
Oh, my bad.
I think I left it in Henryville.
By the way, the sheriff says hi.
Docket number 86947.
"People v.
Martin Winston.
Murder in the Second Degree.
" How does the defendant plead? I'm not guilty, Your Honor.
And I'm appearing pro se.
You're a lawyer? A litigator.
But I'm sure I can master the intricacies of Criminal Law.
An ego's no substitute for common sense, Counselor.
But it's your funeral.
Bail, Ms.
Rubirosa? The People seek remand.
I'm not going anywhere, Your Honor.
I'm plaintiff's counsel in the Flight 33 lawsuit.
One of the largest class actions in the Southern District.
I intend to see that case to the end.
Your Honor, Mr.
Winston is charged with killing one of his own clients in that lawsuit.
Hold on, Ms.
Rubirosa.
Flight 33.
So, you're that Martin Winston? Yes, Your Honor.
And it would be a tremendous disservice to the aggrieved families if their lawyer was denied bail and unable to represent their interests.
I agree.
Bail is set at one million dollars.
That won't be a problem.
One last thing, Your Honor.
I would ask the Court to impose a gag order on all parties and to close the courtroom to the press and the public until these ludicrous charges have been disposed of.
We have no objection to a gag order, but closing a courtroom violates the spirit of the First and Sixth Amendments.
The rights of the Flight 33 families take precedence.
I don't want the District Attorney's vendetta against me to taint a potential jury pool in that case.
It's overkill.
Your Honor, there are procedures in place to ensure that the jury No, Ms.
Rubirosa, Mr.
Winston has a point.
I'm going to grant his motion.
Next case.
First order of business.
A financial disclosure affidavits.
I'm gonna need one from each of you.
If you own stock in PanWorld Airlines, it's a conflict of interest.
This is all you can come up with? You laying the foundation for ineffective assistance of counsel? I'm sure you're used to steamrolling over defense lawyers.
That's not going to happen this time.
No doubt we have a lot to learn from a tough litigator like you.
You're going to learn something about commitment.
I eat only what I kill.
Earnest civil servants like you get paid no matter what, win or lose.
Now, considering the evidence we have against you, I suggest you stop strutting and start dealing.
That brings me to the second order of business.
Motion to suppress all that damning evidence against me.
Pleasant dreams.
We asked the County Attorney to unseal the arrest record.
He refused to do so without a judicial order.
Sheriff's deputy, Ryan, overheard the conversation and volunteered to access the record.
It stated that Mr.
Winston had been in possession of his neighbor's car.
During a subsequent search of that car, we found a 9-milimeter shell casing that matched the casings at the crime scene.
Just to be clear, Detective, did you ask Deputy Ryan to access that record? No, sir.
She volunteered.
We didn't ask or even suggest that she do it.
Thank you.
Detective, were you aware that absent a judicial order, Deputy Ryan didn't have the authority to access that record? I didn't know it for a fact.
In other words, your gut told you that you she didn't have the authority.
I acted in good faith.
Besides there were exigent circumstances.
Such as? We were concerned the suspect might flee.
Oh, you mean me? Now why would I flee? I I didn't even know I was a suspect.
Objection.
Counsel is testifying.
I'll withdraw.
Detective, you use words like "exigent" and "good faith", you wouldn't by chance be a law student, would you? Yes.
I'm in first-year law.
A first year law student.
Well, so, then you're familiar with People v.
Binns? Binns? Yes, Binns.
Where a warrant is necessary, the cops can't enter a home even if Detective, even if Your Honor, this isn't a bar exam.
Even if the door is wide open.
Remember it now, Detective? Okay.
So, please tell the court how People v.
Binns just might apply to this situation here with Deputy Ryan.
All right, all right, Mr.
Winston.
That's enough.
Detective, you're excused.
Your Honor, even though Deputy Ryan opened the door for them, those detectives knew that they needed a court order to view those files.
The evidence in that file would inevitably have been discovered once the detectives had gotten a judicial order.
Inevitable discovery can't excuse illegal behavior.
We should hold our first-year law student to a higher standard.
Stand back, the both of you.
I'm ready with my decision.
Detective Lupo may have convinced himself that looking at the sealed file was within the letter of the law.
But he knew that doing so, violated its spirit.
Therefore, he did not have good faith needed to overcome the protection of the Fourth Amendment.
I am left very unhappily with no choice but to grant Mr.
Winston's motion to suppress both the car and the shell casing.
Your Honor, I move for a dismissal of all charges on the grounds of insufficient evidence.
The People strenuously object.
Do you have any admissible evidence, Mr.
Cutter? No.
But a dismissal for insufficient evidence triggers double jeopardy.
And given this extreme consequence, I request time to submit further evidence.
I have litigation to attend to.
I shouldn't have this case hanging over my head indefinitely.
Mr.
Winston, you have gotten obscenely lucky.
Don't get greedy.
I will give the People three days to justify the murder charge.
Otherwise, the motion to dismiss will be granted.
With prejudice.
We are adjourned.
Forensics' been through the neighbor's car, there are no prints, no DNA, no fibers, nothing to prove that Winston used it.
We checked the security cams near the crime scene.
No sign of Winston.
He walks free today, we'll never get another shot at him for this murder.
We pulled his files from the Bar Association and the FBI.
Look, we've shone all manner of flashlights up this guy's butt.
He's clean.
The FBI has a file on him? They vetted him when he was a prosecution witness in the murder of the first judge in the PanWorld case.
Look, if we turn up anything, we'll let you know.
Right.
And, Detective, next time you're on the stand, don't try to play lawyer.
You're not that good.
What? What did you say to me? You heard me.
Yeah, maybe a real lawyer wouldn't let me flap in the wind while I was being cross-examined.
Maybe a real lawyer would've shut Winston down.
Hey, guys, come on.
It's your actions that put this case in the crapper.
You want to cut corners, don't come crying afterwards.
Mike! Lupes Come on, man.
Let's go.
You know better than anyone that decision could've gone either way.
Yeah, yeah.
The murdered judge case? It was tried in federal court.
One of the PanWorld plaintiffs, one of Winston's clients, was convicted of the crime.
Winston was the main witness against him.
He testified against his own client.
Two murders come out of the PanWorld case, and Winston has a starring role in both of them.
Coincidence? Sure, why not.
I've got to be in Judge Lloyd's chambers.
If you can think of something brilliant for me to say, text me, will you? Mr.
Cutter, you have no idea how disappointed I am in your office.
Your Honor, if you must dismiss, do it without prejudice.
This isn't T-ball.
You don't get free swings.
Mr.
Winston, you'll address your remarks to me.
Your Honor, Mr.
Cutter has nothing new to support his indictments.
If you don't dismiss with prejudice, I'm walking straight from here to Appellate Court.
He's right.
I'd just get reversed on appeal.
The case is dismissed, with prejudice.
I want the record sealed and a permanent gag order placed on the District Attorney's Office.
Your Honor, the public's right to know is more important Is outweighed by the danger of prejudice to the PanWorld plaintiffs.
Maybe Mr.
Winston would like our help with his PanWorld depositions, or maybe he'd like me to handle his witness prep.
Only if I needed grounds for a claim of ineffective assistance of counsel.
Be quiet, both of you.
Your Honor, Mr.
Winston's sole motivation in everything he's done is to safeguard his share of the PanWorld payout.
Everything else is window-dressing.
After I'm done with PanWorld, I'm coming after you for defamation.
That's it.
You're both in contempt.
$1,000 each.
And you open your mouth, I'm going to double it.
Mr.
Cutter, the law here is clear.
Mr.
Winston, your application for a gag order is granted.
The record is sealed.
Go pay your fines.
The PanWorld case was assigned to Judge Davis, a hard-core pro-business jurist.
Winston thought he'd soften up if some of the grieving families showed up in court.
Let me guess.
It backfired.
That's an understatement.
Davis threatened to toss the case on summary judgment.
Two nights later, one of the plaintiffs, Victor Cruz, shot him in the doorway of his brownstone.
What was your evidence against Cruz? A cigarette butt.
His brand, his DNA was found in the judge's doorway.
That's strong physical evidence.
Yeah, coupled with a strong motive and a weak alibi.
Not a tough case.
Cruz's own lawyer testified that he threatened to kill Judge Davis.
Marty Winston.
You know, I'd like to talk to Victor Cruz.
Where do they have him? In a cemetery in Queens.
He was executed for the murder six months ago.
Cruz's alibi for the shooting was that he was at a coffee shop waiting to meet someone about a job as a messenger.
But no one there remembered him, he didn't remember the name of the messenger company, and the coffee shop was a block from the judge's home.
What was his defense? He swore that he was framed, that somebody set up a fake job interview and planted the cigarette.
And since Cruz had priors for check fraud, the prosecution had a field day.
Not to mention Winston's testimony probably put the nail in Cruz's coffin.
Could you excuse us? You getting enough sleep, Mike? Reaming out police officers, screeching at opposing counsel, a contempt citation.
You want a diplomat, look elsewhere.
You want to get results We aren't getting results, are we? A murder case dismissed with prejudice.
Yeah.
Tell me what you need, Mike.
A day off, lighter caseload, whatever it takes.
I can't have you flying off the handle.
I get the message.
Thanks.
I'll be okay.
This This lawyer, Winston, it's the adversarial system gone haywire.
Even if you have to kill, win at all costs.
Sounds like somebody's evil twin.
So, he gets away with murder? Three murders.
A judge? And the defendant Winston helped send to the death chamber.
You have work to do.
Victor wanted to be buried next to his parents.
They both died together on Flight 33.
Victor didn't kill that judge.
He never hurt anybody in his whole life.
Wasn't he angry with Judge Davis? Sure.
The judge was being unfair.
But Victor said we had to trust that Mr.
Winston will get justice from the airlines.
How do you explain the cigarette at the judge's house, with your husband's DNA? I don't know.
I made Victor quit smoking when Justin was born, but he still do it sometimes, outside.
At his trial, he said sometimes he smoked at Winston's office.
Yeah, he'd get upset, then Mr.
Winston would let him do it.
Maybe somebody took Victor's cigarette butts.
Who would do that? I can't imagine who, but all the families were in that office that week, and they were all mad at the judge.
Did you or Victor ever suspect Winston? No.
Mr.
Winston treat us like family.
Every year, when it's Justin's birthday, he sends $100.
He doesn't have to do that.
Of course we investigated this frame-up allegation.
There's nothing to it.
Cruz couldn't even say who framed him.
How about Marty Winston? That's a good one.
Cruz testified that he sometimes smoked at Winston's office.
If you're so well versed in the trial transcript, then you also know that Winston categorically denied that he ever let anyone smoke in his office.
Mr.
Tyler, you know what we're saying makes sense.
Winston had more to gain by getting rid of Judge Davis than Victor Cruz did by a factor of 40 I'm not going there, Mr.
Cutter.
You never found a murder weapon, never connected Cruz to any weapon, never found a single eyewitness who saw Cruz at the scene.
Mr.
Cutter The only person who said Cruz was near the shooting was Cruz himself.
And why would he do that if he was guilty? Play it out, Mr.
Cutter.
"Members of the jury, "we already executed someone for this crime "but, now, we screwed up and we'd like to execute somebody else.
" It's pointless.
I know Winston hammered you in court last week.
Don't come in here making it my problem.
Anyone who stands between Winston and his payday, he kills, that's his MO.
Charlie Sawyer who was giving PanWorld a viable defense, Judge Davis who was biased toward the airline.
You don't have to convince me.
But the FBI worked the Davis murder when everything was fresh.
All hard evidence points to Cruz.
And even if we had the Feds on board, it's done, it's over.
If I smoked, what would I smoke? The office won't pay the contempt fine.
It has to come out of my own pocket.
You're here for a loan? No, Mr.
Winston.
I wrote a letter apologizing to the judge and asking her to reconsider.
And I thought it would be more effective if it came from both of us.
I bet a thousand bucks is a lot of money for you.
Well, with what they're paying earnest civil servants these days.
What the hell! As much as I hate groveling in front of judges.
You'd better make a copy for your files.
Wanda, make two copies.
Thanks.
I don't mind telling you, Mr.
Winston, I got my wee-wee slapped pretty hard for botching your case.
It really wasn't your fault.
It's those dumb cops.
Sometimes I wonder if the civil servant's salary is worth it.
You okay if I smoke? I quit ten years ago, but I'm not self-righteous.
Go ahead.
I've already tried gum and patches.
Next stop, acupuncture.
How's this case going? We finally got a trial date set.
I predict we'll settle on the courthouse steps.
Mid-nine figures.
What are you going to do with all that money? Reupholster the furniture? See the Woolworth Building? A hedge fund used to have the top floor.
I'll be moving in first of the year.
So, this your new plan? Arresting him for code violations? A little more than that.
During Cruz's murder trial, his defense argued that he was allowed to smoke in Winston's office and that someone there could've picked up one of his cigarette butts and planted it at the judge's house.
But when he was called as a rebuttal witness, he stated, "As an ex-smoker, I don't allow anyone to smoke in my office, ever.
" So, he perjured himself.
Where are you going with this? Hopefully to a murder trial.
Whose murder? Judge Davis? Victor Cruz.
Winston's false testimony led to Cruz's conviction and death sentence.
Murder by perjury? Is there any case law on this? I haven't found any.
I realize we'd be taking a flyer.
If you think it's a waste of time No, no.
It's never been done before.
All the more reason to try it.
If we can't find new ways to protect people from murderers, what the hell are we doing in this job? We stipulate that all the passengers died in the crash, so graphic photos of the victims have no probative value.
It's one thing to hear about the suffering these passengers endured due to the airline's negligence, it's another to see it.
Detectives, this warrant was ordered by the State Supreme Court? Yes, sir.
Do your job.
Hey, Counselor, you're under arrest for the murder of Victor Cruz.
You mean the Victor Cruz who was executed by the US government? Hell, yeah.
Sorry, Your Honor.
Murder by perjury? What are you people smoking up in your office? Must be something good if Winston retained a lawyer this time.
You're okay with this half baked stunt, Mr.
McCoy? There's nothing wrong with using a little creative lawyering to lock up a man who got away with two murders.
This is Mr.
Cutter's personal vendetta.
He doesn't get to use the D.
A.
's office to seek revenge.
I decide who does what with this office.
I'm moving to dismiss this nonsense.
Better do a good job, Mr.
Phillips, or Winston might kill you, too.
This case should be dismissed for its sheer arrogance.
Mr.
Cutter does not get to make laws up out of whole cloth.
The People's theory tracks a statute that's been around for 100 years.
Mr.
Winston's perjury was a reckless act which created a grave risk of death.
Even if my client shaded the truth, how could he anticipate the jury would convict Victor Cruz? That death would be imposed, that all his appeals would be denied? You counted on it.
You took that to the Feds and they laughed you out of their office.
Here we go again.
Your Honor, Mr.
Winston is an attorney.
He knew his lies would help convict Cruz for the murder of a federal judge.
He knew a conviction would almost certainly result in a death sentence.
His lying evinced a depraved indifference to these realities.
Mr.
Cutter assumes that the jurors relied on Mr.
Winston's testimony as a key factor in their verdict.
Then let's find out if his assumption is right.
We were in deliberations for six days.
We had eight votes.
Half the jurors believed Mr.
Cruz's claim that he was framed was plausible.
What changed their mind, Ms.
Palina? Mr.
Winston's testimony.
What specifically about his testimony? Mr.
Cruz said he smoked in Mr.
Winston's office.
Mr.
Winston said it wasn't the truth.
We all thought if Mr.
Cruz could lie about something so little, he could lie about everything.
Did it ever occur to any of the jurors that it was Mr.
Winston who was lying? No.
He was representing Mr.
Cruz on that lawsuit, and he seemed to really care about Mr.
Cruz and his family.
And when he testified, you could tell it was difficult for him going against his own client.
Mr.
Cutter, if you please.
Ms.
Palina, are you telling us that if Mr.
Winston had corroborated Mr.
Cruz's testimony, that he did indeed allow people to smoke in his office, that you would not have convicted Mr.
Cruz? Objection, Your Honor, you're putting words in her mouth.
Sit down.
You can't let her do that.
Answer the question, please.
If Mr.
Winston had said that, I would have had a reasonable doubt about Mr.
Cruz's guilt.
I wish he had said it, Your Honor.
Even though we followed the law, I can't seem to forget we sent a man to die.
It appears that the People can make a viable case that, but for the false testimony rendered by the defendant, Martin Winston, Victor Cruz would have been acquitted and would be alive today.
I therefore deny Mr.
Winston's motion to dismiss.
In that case, we ask that his bail be revoked and that he be remanded.
That's pure vindictiveness.
History indicates that the defendant won't flee.
He'll remain out on bail.
My clerk will set the date for Mr.
Winston's trial for the murder of Victor Cruz.
You're not a good enough lawyer to pull this off.
I hope you haven't put a down payment on that penthouse office.
Don't you worry about that.
PanWorld's ready to make an offer.
I'll have the check cashed before this ever goes to trial.
Don't be so sure.
Ms.
Rubirosa is filing a complaint with the Grievance Committee as we speak.
We're seeking to have you removed immediately from the PanWorld litigation.
You don't have standing to do that.
But Victor Cruz's wife does.
The evidence supports an indictment against you for the murder of Charles Sawyer.
We also find reasonable cause to believe you perjured yourself to frame one of your own clients for the murder of Judge Henry Davis, a murder you must now be suspected of having committed to influence the outcome of the PanWorld litigation.
The Committee can't believe Let me finish, Mr.
Winston.
Whether you're guilty or not is for a court to decide.
Nothing has been proven.
Our standard of proof is not the same as a criminal court.
But the Committee has to allow me to continue my representation until the unlikely event that I'm actually convicted of something.
Convicted or not, you manipulated the legal system with lies and, apparently, murders.
I worked on PanWorld for seven years.
I'm at least entitled to payment for actual hours billed.
You took the case on contingency.
There was never a payment guarantee.
You cannot be serious.
I put everything into this case.
Besides disqualifying you as counsel, we're also prohibiting you from receiving any compensation derived from this case.
This is a sham! You can't do this! Where's the fairness? You are stealing from me! Shame! Shame on all of you! I'll catch up with you downstairs.
You happy now? You went after my money.
My money.
It had nothing to do with your job.
Don't worry about money, Mr.
Winston, I'll send you $100 on your birthday.
You can use it at the prison canteen.
Look how he's walking.
PanWorld was my whole life.
We can talk outside.
Talk to this.
Get down! Drop it! Get down! Give me You okay? I think so.
Thank you.
Sure.
Don't move.
Let's get you out of here.
The men's room.
Would've made for some pretty ignoble crime scene photos.
Another reason to be grateful to Lupo and Bernard.
Here's to earnest civil servants.
These are their stories.
Top you off? Thanks.
And let me get another piece of that raspberry pie with a scoop of vanilla ice cream.
Oh, aren't we in a fine mood on a dreary night? That stuff must really work.
Yeah, works for me.
Got a lady joining you? Oh, even better.
I'm get to stick it to a guy who's been sticking it to me.
I'll be right back with that pie.
Guy in that bodega heard shots, saw a dark colored SUV burn away from the intersection.
Two shells, 9-milimeter.
DOA's a Charles Sawyer.
Address in East Meadow, Long Island.
Business card says he's a contractor.
The weapon was fired from here, maybe when the car was stopped at the stop sign.
Driver's foot came off the brake, and it rolled into the streetlight.
One shot to the head.
The passenger window's open.
Maybe he rolled it down when the shooter in the dark SUV pulled up on the right side.
Maybe somebody he knows.
We got two more shots.
Three shots, and only two shells.
We'll need all the texts and the calls from his cell phone.
"Connelly and Seltzer Law Firm.
" And the winner is Charlie's divorce papers.
Unsigned.
Well, the divorce is final now.
Charlie had the divorce papers for three weeks.
Then all of a sudden yesterday he calls, quick, quick he wants to come over and get me to sign them.
Any idea why the rush to get the divorce finalized? I figure the only reason men want a divorce is they've met the next woman they want to drive crazy.
What were you two fighting over in the divorce? Nothing.
Just feelings.
We got no kids, the bank owns most of the house.
Oh, he had this little place up in the Poconos from his mom.
She died last summer from emphysema.
What about his contracting business? I heard it wasn't going so hot.
He had to borrow a load of money from some, you know, people.
Hey! Hey, hey, hey! Get off! Get off! The hell you going to stop me.
Get it off the truck right now! Hey! Hey! Police, break it up.
Officers, he's trying to steal our equipment.
Aw, you lying sack! Sawyer owed me money.
Come on, let's talk over here.
Hey, you men unload that backhoe.
Let me see some ID.
What's going on? I lent Sawyer a hundred grand.
Yesterday he tells me he's going to have my money on Friday.
This morning I hear he's dead.
I figure if I'm ever going to get my money back, I better get here quick before it all gets tied up in court.
That's not the way it works, Mr.
Biaggio.
You're going to have to stand in line with the rest of the creditors.
The guy's not even dead a day and already the vultures are picking at the bones.
How long has that vulture been circling? Charlie was into him for a brick.
Biaggio was leaning on him to pay up.
Doesn't look like his prospects were too bright.
Your job board's empty.
Not that Charlie seemed to notice.
How do you mean? Yesterday, we had an appointment to bid on a job.
Charlie blew it off.
Said he had something important to do.
Mr.
Biaggio said that Charlie was going to pay his debt off by the end of the week.
You know anything about that? No.
Look at how the guy lived.
He couldn't even barely afford to keep the lights on.
This story about coming into some money could just be Sawyer playing for time.
Except he passed up on a job, and pushed his wife to sign off on the divorce.
Any idea what he was doing in the city? Uh, eating raspberry pie.
That's what he had in his stomach.
M.
E.
Figured Sawyer chowed down within an hour of being shot.
What about his cell records? Here they are, right here.
All right, we got outgoing calls to his ex-wife, Nick Biaggio, and his construction office and to two law firms, neither of which were handling his divorce.
Then, incoming from his ex-wife, his construction office.
The last call came in 11 minutes before he was shot, from a phone booth on Leonard and West Broadway.
It's a few blocks from the crime scene.
Can you it up on the map? Just a second.
Let's see a street view.
Check out the diner across the street.
"Fresh Homemade Pies.
" Mr.
Raspberry Pie.
Came in here, sat right there by himself for an hour.
Tipped me ten bucks.
The pie man was flush? Just deliriously happy.
I thought he'd been sucking on that oxygen tank he had with him.
Oxygen tank? Mmm-hmm.
No bigger than a thermos.
What was he so happy about? He said he was going to stick it to the guy who was sticking it to him.
And who was that? The guy who he said he was waiting for.
I don't know, that would be my guess.
He got a call and he left.
Excuse me.
Charles Sawyer wasn't a client.
On the contrary, Mr.
Sawyer and his mother were suing one of our clients.
And what client is that? PanWorld Airlines.
The The crash off Long Island, what, seven years ago? Yeah.
Flight 33 to Miami.
Uh-huh.
Mr.
Sawyer's father was on the flight.
Mr.
Sawyer and the families of the other 96 victims have a class action suit against PanWorld.
You close to a settlement? Hardly.
We're far apart on numbers and nowhere near a trial.
It didn't help that the original judge on the case was killed by one of the plaintiffs five years ago.
So, why did Sawyer call your office a couple days ago? He said he had some good news for my client, and he wanted a meeting.
Good news for PanWorld? He wanted to cut a side deal with you guys? It's not unusual to have a renegade litigant in a class action suit.
What was Sawyer's good news? We didn't get that far.
I told him it was improper for me to speak to him without the permission of his lawyer.
The explosion ripped a hole in the fuselage.
The FAA ruled out terrorism, so that leaves negligence on the part of the airline and the manufacturer.
How much is this lawsuit worth, Mr.
Winston? I represent the families of 46 of the victims.
With punitive damages, we're looking at multiples of a hundred million.
Our records show that Charlie Sawyer called you the day he was murdered.
Yes.
He called every week, asking when he was going to see his money.
He I know things were tight for him.
Thanks, Wanda.
These are depos from the airline's own mechanics about working double shifts and rush maintenance checks.
We even have affidavits from whistle-blowers.
Before he called you, he told PanWorld's lawyers that he had good news for them and that he wanted to settle.
What kind of good news? That he didn't say.
Knowing Charlie, he was working an angle.
"So, you and your clients are nothing but CIA lackeys.
"How much are the Islamo-Fascists paying you "to hide the truth about Flight 33?" There's a pack of conspiracy nuts that have turned this tragedy into an industry.
They've got books and blogs to peddle.
Some of them have even harassed my clients directly.
Do you have a warrant? Not that that matters.
I mean, your kind, you don't care about warrants, do you? You will not silence me, you know.
Mr.
Belanger, we're not the men in black.
So, you think this is funny.
Not really.
Ninety-six people are dead.
Ninety-seven if you count Charles Sawyer.
You do know who he is, don't you? He's a plaintiff in the lawsuit whose silence was for sale.
Yes.
You sent the victims' families letters urging them not to settle.
You were harassing them.
I was harassing them? Please, they were harassing me.
Not a week went by when this Sawyer fellow didn't post some anonymous screed on my blog.
If it's anonymous, how do you know it was him? Because I keep meticulous record of every IP address that drops a comment on my website, huh? See? Name, login address, date, time.
Sawyer posted some of his idiotic drivel just this past Tuesday.
The day he was shot.
Can I see this? Well Have at it.
I'm going to go call my lawyer.
Okay.
Okay, so, Sawyer logged in from Henryville, Pennsylvania at 10:16 in the morning.
Henryville's in the Poconos and his mother had a house there.
Maybe Sawyer kept his facts there.
What the hell happened here? Looks like Charlie's good news blew up on him.
The place's been on the market since Mrs.
Sawyer died last summer.
Her son stays here from time to time.
This damage looks recent.
It happened last Monday morning.
I called Charlie Sawyer.
He came out here Monday afternoon.
So, what happened? Oxygen tanks inside the house blew up.
Let me show you.
Mrs.
Sawyer had emphysema.
She needed oxygen.
There were a couple of unused tanks that had been stored next to the furnace.
Once the weather got cold, the furnace fired up, these tanks got too hot and exploded.
Ripped a pretty nice hole into the side of the house.
Last time we saw a hole like that, it was on the side of a plane.
The lab said that if an oxygen tank was placed in the cargo hold of a plane, it can be subjected to temperature spikes, and if it exploded, it can bring the plane down.
Was an oxygen tank found in the debris of Flight 33? No, but the debris field covers a half a mile of deep water.
I talked to Charlie's uncle in Miami.
Charlie's mother was on holiday there seven years ago.
Her husband was flying to join her when plane went down.
The uncle remembers her asking her husband to bring extra oxygen.
So, Charlie's father put an oxygen tank in his luggage? No way to tell.
But Charlie might've assumed he did when he saw what an exploding tank did to his mom's house.
That could be the good news that he had for PanWorld.
An exploding tank would rule out negligence as a cause of the accident.
And the airline would be off the hook.
And in turn for a payoff, Charlie gives them a defense.
And the rest of the plaintiffs would be out of luck.
Hey, Charlie had an oxygen tank with him in the diner, probably for show-and-tell at PanWorld.
It was missing from his car after he got shot.
Talk to his lawyer, see if he's been in touch with the other plaintiffs.
I got to tell you guys, PanWorld's counsel is the top aviation litigator on the East Coast.
If there was an oxygen tank in the cargo hold, they would've been all over it years ago.
We're not saying Sawyer's theory was true, just that somebody thought it might be.
And they killed him before he could tell PanWorld.
"They" meaning who, another plaintiff? Was Charlie in touch with any of them? They have support groups, websites.
I can't keep track of them.
There are other lawyers representing the families of the other 50 victims.
You might ask them.
What about among your plaintiffs? You mean as a suspect? Some of them have criminal records, few others could use anger management classes.
Come by tomorrow, I'll show you their files.
Just for the drill, where were you Wednesday night? Our lieutenant would want us to ask.
Yeah, besides, you do have a financial stake in this, right? If you win the suit? You're serious? You going to tell us or you want to consult with a lawyer, Counselor? Don't get hostile, Detective.
I was at home Tuesday night and, yes, I live alone.
Call me tomorrow if you want to take a look at those files.
He might as well have told us he has no alibi.
I admit he's got a financial motive.
A third of four hundred million? That's not a motive, that's imperative.
Yeah, but you saw Winston's car, light gray Beemer.
Eyewitness saw a dark colored SUV leave the scene.
You just don't like lawyers.
Nothing personal, Lupes, all right? Oh.
Hey, Winston had an arrest in Henryville, Pennsylvania last Wednesday.
Day after Sawyer was shot.
Right, last Wednesday.
Arrested for what? Doesn't say.
The disposition was sealed.
If the record's sealed, I don't have the authority to open it.
I'd be breaching my powers as County Attorney.
Ryan, that affidavit you gave me yesterday? I need you to do it over again, this time in English, if you can manage it.
Yes, sir, Mr.
Bainbridge.
Please.
Mr.
Winston is a murder suspect, sir.
Sorry.
You want a look at that arrest in Henryville, get an unsealing order from a County Judge.
They're in session every other Friday.
I need that affidavit tomorrow morning, Ryan.
Two weeks from now is a long time.
Who took a dump in that guy's breakfast, huh? Bainbridge? Yeah, can't live with him, can't shoot him.
This is a pretty tricked out patrol car.
What's it do? I got it up to 195 last week.
No kidding.
We don't have anything like this in New York City.
If you're ever in town, look us up.
We'll take you out for a steak at Sparks, show you where they gunned down Big Paul Castellano.
Oh, yeah? Okay if my husband comes along? Oh, sure he can.
We're not jealous.
Have a good one.
Hey.
Yeah? That arrest in Henryville? Uh-huh.
What's Winston's first name? Martin.
It was last Wednesday.
All right.
All right, promise me this does not get back to Bainbridge.
Okay, deputy responded to a prowler call at 0600 hours at the home of Bernadette Sawyer.
Arrested Martin Winston for criminal trespass.
Uh, hey, Winston might have been making sure Sawyer didn't leave anything behind connecting the house explosion with the plane crash.
What happened after the arrest? The sheriff voided it after confirming he was the the attorney.
What's this about a black Lexus? Well, the deputy ran the vehicle Winston was driving.
It was a black Lexus SUV.
Registered to a James Hewitt, 188 East 79th Street.
New York City.
Same apartment building as Winston.
Thanks.
Are you friendly with Marty Winston? Marty, down the hall? Yeah, sure.
Did you give him permission to drive your Lexus while you were out of town? The only thing Marty had was permission to take my newspaper while I was away.
You mind if we look at your car? I usually leave the key with the guy out front.
He keeps it in a drawer.
You mean the drawer he keeps unlocked while he takes a bathroom break? We saw that drawer.
Have you driven the car since you've been back? Yeah, yesterday.
You notice anything unusual inside? Uh, no.
But the wiper on the driver's side I don't know, it's not working.
Let me see your flashlight.
Looks like there's something jammed in here.
Can I see your pliers? Okay, hold that right there.
Looks like a 9-milimeter shell casing.
Mr.
Winston.
We're late for a trial conference.
Make an appointment.
Yeah.
Hold on.
You better have a damn good reason to put your hands on me.
How about this? You're under arrest for the murder of Charlie Sawyer.
I want to see an arrest warrant.
Oh, my bad.
I think I left it in Henryville.
By the way, the sheriff says hi.
Docket number 86947.
"People v.
Martin Winston.
Murder in the Second Degree.
" How does the defendant plead? I'm not guilty, Your Honor.
And I'm appearing pro se.
You're a lawyer? A litigator.
But I'm sure I can master the intricacies of Criminal Law.
An ego's no substitute for common sense, Counselor.
But it's your funeral.
Bail, Ms.
Rubirosa? The People seek remand.
I'm not going anywhere, Your Honor.
I'm plaintiff's counsel in the Flight 33 lawsuit.
One of the largest class actions in the Southern District.
I intend to see that case to the end.
Your Honor, Mr.
Winston is charged with killing one of his own clients in that lawsuit.
Hold on, Ms.
Rubirosa.
Flight 33.
So, you're that Martin Winston? Yes, Your Honor.
And it would be a tremendous disservice to the aggrieved families if their lawyer was denied bail and unable to represent their interests.
I agree.
Bail is set at one million dollars.
That won't be a problem.
One last thing, Your Honor.
I would ask the Court to impose a gag order on all parties and to close the courtroom to the press and the public until these ludicrous charges have been disposed of.
We have no objection to a gag order, but closing a courtroom violates the spirit of the First and Sixth Amendments.
The rights of the Flight 33 families take precedence.
I don't want the District Attorney's vendetta against me to taint a potential jury pool in that case.
It's overkill.
Your Honor, there are procedures in place to ensure that the jury No, Ms.
Rubirosa, Mr.
Winston has a point.
I'm going to grant his motion.
Next case.
First order of business.
A financial disclosure affidavits.
I'm gonna need one from each of you.
If you own stock in PanWorld Airlines, it's a conflict of interest.
This is all you can come up with? You laying the foundation for ineffective assistance of counsel? I'm sure you're used to steamrolling over defense lawyers.
That's not going to happen this time.
No doubt we have a lot to learn from a tough litigator like you.
You're going to learn something about commitment.
I eat only what I kill.
Earnest civil servants like you get paid no matter what, win or lose.
Now, considering the evidence we have against you, I suggest you stop strutting and start dealing.
That brings me to the second order of business.
Motion to suppress all that damning evidence against me.
Pleasant dreams.
We asked the County Attorney to unseal the arrest record.
He refused to do so without a judicial order.
Sheriff's deputy, Ryan, overheard the conversation and volunteered to access the record.
It stated that Mr.
Winston had been in possession of his neighbor's car.
During a subsequent search of that car, we found a 9-milimeter shell casing that matched the casings at the crime scene.
Just to be clear, Detective, did you ask Deputy Ryan to access that record? No, sir.
She volunteered.
We didn't ask or even suggest that she do it.
Thank you.
Detective, were you aware that absent a judicial order, Deputy Ryan didn't have the authority to access that record? I didn't know it for a fact.
In other words, your gut told you that you she didn't have the authority.
I acted in good faith.
Besides there were exigent circumstances.
Such as? We were concerned the suspect might flee.
Oh, you mean me? Now why would I flee? I I didn't even know I was a suspect.
Objection.
Counsel is testifying.
I'll withdraw.
Detective, you use words like "exigent" and "good faith", you wouldn't by chance be a law student, would you? Yes.
I'm in first-year law.
A first year law student.
Well, so, then you're familiar with People v.
Binns? Binns? Yes, Binns.
Where a warrant is necessary, the cops can't enter a home even if Detective, even if Your Honor, this isn't a bar exam.
Even if the door is wide open.
Remember it now, Detective? Okay.
So, please tell the court how People v.
Binns just might apply to this situation here with Deputy Ryan.
All right, all right, Mr.
Winston.
That's enough.
Detective, you're excused.
Your Honor, even though Deputy Ryan opened the door for them, those detectives knew that they needed a court order to view those files.
The evidence in that file would inevitably have been discovered once the detectives had gotten a judicial order.
Inevitable discovery can't excuse illegal behavior.
We should hold our first-year law student to a higher standard.
Stand back, the both of you.
I'm ready with my decision.
Detective Lupo may have convinced himself that looking at the sealed file was within the letter of the law.
But he knew that doing so, violated its spirit.
Therefore, he did not have good faith needed to overcome the protection of the Fourth Amendment.
I am left very unhappily with no choice but to grant Mr.
Winston's motion to suppress both the car and the shell casing.
Your Honor, I move for a dismissal of all charges on the grounds of insufficient evidence.
The People strenuously object.
Do you have any admissible evidence, Mr.
Cutter? No.
But a dismissal for insufficient evidence triggers double jeopardy.
And given this extreme consequence, I request time to submit further evidence.
I have litigation to attend to.
I shouldn't have this case hanging over my head indefinitely.
Mr.
Winston, you have gotten obscenely lucky.
Don't get greedy.
I will give the People three days to justify the murder charge.
Otherwise, the motion to dismiss will be granted.
With prejudice.
We are adjourned.
Forensics' been through the neighbor's car, there are no prints, no DNA, no fibers, nothing to prove that Winston used it.
We checked the security cams near the crime scene.
No sign of Winston.
He walks free today, we'll never get another shot at him for this murder.
We pulled his files from the Bar Association and the FBI.
Look, we've shone all manner of flashlights up this guy's butt.
He's clean.
The FBI has a file on him? They vetted him when he was a prosecution witness in the murder of the first judge in the PanWorld case.
Look, if we turn up anything, we'll let you know.
Right.
And, Detective, next time you're on the stand, don't try to play lawyer.
You're not that good.
What? What did you say to me? You heard me.
Yeah, maybe a real lawyer wouldn't let me flap in the wind while I was being cross-examined.
Maybe a real lawyer would've shut Winston down.
Hey, guys, come on.
It's your actions that put this case in the crapper.
You want to cut corners, don't come crying afterwards.
Mike! Lupes Come on, man.
Let's go.
You know better than anyone that decision could've gone either way.
Yeah, yeah.
The murdered judge case? It was tried in federal court.
One of the PanWorld plaintiffs, one of Winston's clients, was convicted of the crime.
Winston was the main witness against him.
He testified against his own client.
Two murders come out of the PanWorld case, and Winston has a starring role in both of them.
Coincidence? Sure, why not.
I've got to be in Judge Lloyd's chambers.
If you can think of something brilliant for me to say, text me, will you? Mr.
Cutter, you have no idea how disappointed I am in your office.
Your Honor, if you must dismiss, do it without prejudice.
This isn't T-ball.
You don't get free swings.
Mr.
Winston, you'll address your remarks to me.
Your Honor, Mr.
Cutter has nothing new to support his indictments.
If you don't dismiss with prejudice, I'm walking straight from here to Appellate Court.
He's right.
I'd just get reversed on appeal.
The case is dismissed, with prejudice.
I want the record sealed and a permanent gag order placed on the District Attorney's Office.
Your Honor, the public's right to know is more important Is outweighed by the danger of prejudice to the PanWorld plaintiffs.
Maybe Mr.
Winston would like our help with his PanWorld depositions, or maybe he'd like me to handle his witness prep.
Only if I needed grounds for a claim of ineffective assistance of counsel.
Be quiet, both of you.
Your Honor, Mr.
Winston's sole motivation in everything he's done is to safeguard his share of the PanWorld payout.
Everything else is window-dressing.
After I'm done with PanWorld, I'm coming after you for defamation.
That's it.
You're both in contempt.
$1,000 each.
And you open your mouth, I'm going to double it.
Mr.
Cutter, the law here is clear.
Mr.
Winston, your application for a gag order is granted.
The record is sealed.
Go pay your fines.
The PanWorld case was assigned to Judge Davis, a hard-core pro-business jurist.
Winston thought he'd soften up if some of the grieving families showed up in court.
Let me guess.
It backfired.
That's an understatement.
Davis threatened to toss the case on summary judgment.
Two nights later, one of the plaintiffs, Victor Cruz, shot him in the doorway of his brownstone.
What was your evidence against Cruz? A cigarette butt.
His brand, his DNA was found in the judge's doorway.
That's strong physical evidence.
Yeah, coupled with a strong motive and a weak alibi.
Not a tough case.
Cruz's own lawyer testified that he threatened to kill Judge Davis.
Marty Winston.
You know, I'd like to talk to Victor Cruz.
Where do they have him? In a cemetery in Queens.
He was executed for the murder six months ago.
Cruz's alibi for the shooting was that he was at a coffee shop waiting to meet someone about a job as a messenger.
But no one there remembered him, he didn't remember the name of the messenger company, and the coffee shop was a block from the judge's home.
What was his defense? He swore that he was framed, that somebody set up a fake job interview and planted the cigarette.
And since Cruz had priors for check fraud, the prosecution had a field day.
Not to mention Winston's testimony probably put the nail in Cruz's coffin.
Could you excuse us? You getting enough sleep, Mike? Reaming out police officers, screeching at opposing counsel, a contempt citation.
You want a diplomat, look elsewhere.
You want to get results We aren't getting results, are we? A murder case dismissed with prejudice.
Yeah.
Tell me what you need, Mike.
A day off, lighter caseload, whatever it takes.
I can't have you flying off the handle.
I get the message.
Thanks.
I'll be okay.
This This lawyer, Winston, it's the adversarial system gone haywire.
Even if you have to kill, win at all costs.
Sounds like somebody's evil twin.
So, he gets away with murder? Three murders.
A judge? And the defendant Winston helped send to the death chamber.
You have work to do.
Victor wanted to be buried next to his parents.
They both died together on Flight 33.
Victor didn't kill that judge.
He never hurt anybody in his whole life.
Wasn't he angry with Judge Davis? Sure.
The judge was being unfair.
But Victor said we had to trust that Mr.
Winston will get justice from the airlines.
How do you explain the cigarette at the judge's house, with your husband's DNA? I don't know.
I made Victor quit smoking when Justin was born, but he still do it sometimes, outside.
At his trial, he said sometimes he smoked at Winston's office.
Yeah, he'd get upset, then Mr.
Winston would let him do it.
Maybe somebody took Victor's cigarette butts.
Who would do that? I can't imagine who, but all the families were in that office that week, and they were all mad at the judge.
Did you or Victor ever suspect Winston? No.
Mr.
Winston treat us like family.
Every year, when it's Justin's birthday, he sends $100.
He doesn't have to do that.
Of course we investigated this frame-up allegation.
There's nothing to it.
Cruz couldn't even say who framed him.
How about Marty Winston? That's a good one.
Cruz testified that he sometimes smoked at Winston's office.
If you're so well versed in the trial transcript, then you also know that Winston categorically denied that he ever let anyone smoke in his office.
Mr.
Tyler, you know what we're saying makes sense.
Winston had more to gain by getting rid of Judge Davis than Victor Cruz did by a factor of 40 I'm not going there, Mr.
Cutter.
You never found a murder weapon, never connected Cruz to any weapon, never found a single eyewitness who saw Cruz at the scene.
Mr.
Cutter The only person who said Cruz was near the shooting was Cruz himself.
And why would he do that if he was guilty? Play it out, Mr.
Cutter.
"Members of the jury, "we already executed someone for this crime "but, now, we screwed up and we'd like to execute somebody else.
" It's pointless.
I know Winston hammered you in court last week.
Don't come in here making it my problem.
Anyone who stands between Winston and his payday, he kills, that's his MO.
Charlie Sawyer who was giving PanWorld a viable defense, Judge Davis who was biased toward the airline.
You don't have to convince me.
But the FBI worked the Davis murder when everything was fresh.
All hard evidence points to Cruz.
And even if we had the Feds on board, it's done, it's over.
If I smoked, what would I smoke? The office won't pay the contempt fine.
It has to come out of my own pocket.
You're here for a loan? No, Mr.
Winston.
I wrote a letter apologizing to the judge and asking her to reconsider.
And I thought it would be more effective if it came from both of us.
I bet a thousand bucks is a lot of money for you.
Well, with what they're paying earnest civil servants these days.
What the hell! As much as I hate groveling in front of judges.
You'd better make a copy for your files.
Wanda, make two copies.
Thanks.
I don't mind telling you, Mr.
Winston, I got my wee-wee slapped pretty hard for botching your case.
It really wasn't your fault.
It's those dumb cops.
Sometimes I wonder if the civil servant's salary is worth it.
You okay if I smoke? I quit ten years ago, but I'm not self-righteous.
Go ahead.
I've already tried gum and patches.
Next stop, acupuncture.
How's this case going? We finally got a trial date set.
I predict we'll settle on the courthouse steps.
Mid-nine figures.
What are you going to do with all that money? Reupholster the furniture? See the Woolworth Building? A hedge fund used to have the top floor.
I'll be moving in first of the year.
So, this your new plan? Arresting him for code violations? A little more than that.
During Cruz's murder trial, his defense argued that he was allowed to smoke in Winston's office and that someone there could've picked up one of his cigarette butts and planted it at the judge's house.
But when he was called as a rebuttal witness, he stated, "As an ex-smoker, I don't allow anyone to smoke in my office, ever.
" So, he perjured himself.
Where are you going with this? Hopefully to a murder trial.
Whose murder? Judge Davis? Victor Cruz.
Winston's false testimony led to Cruz's conviction and death sentence.
Murder by perjury? Is there any case law on this? I haven't found any.
I realize we'd be taking a flyer.
If you think it's a waste of time No, no.
It's never been done before.
All the more reason to try it.
If we can't find new ways to protect people from murderers, what the hell are we doing in this job? We stipulate that all the passengers died in the crash, so graphic photos of the victims have no probative value.
It's one thing to hear about the suffering these passengers endured due to the airline's negligence, it's another to see it.
Detectives, this warrant was ordered by the State Supreme Court? Yes, sir.
Do your job.
Hey, Counselor, you're under arrest for the murder of Victor Cruz.
You mean the Victor Cruz who was executed by the US government? Hell, yeah.
Sorry, Your Honor.
Murder by perjury? What are you people smoking up in your office? Must be something good if Winston retained a lawyer this time.
You're okay with this half baked stunt, Mr.
McCoy? There's nothing wrong with using a little creative lawyering to lock up a man who got away with two murders.
This is Mr.
Cutter's personal vendetta.
He doesn't get to use the D.
A.
's office to seek revenge.
I decide who does what with this office.
I'm moving to dismiss this nonsense.
Better do a good job, Mr.
Phillips, or Winston might kill you, too.
This case should be dismissed for its sheer arrogance.
Mr.
Cutter does not get to make laws up out of whole cloth.
The People's theory tracks a statute that's been around for 100 years.
Mr.
Winston's perjury was a reckless act which created a grave risk of death.
Even if my client shaded the truth, how could he anticipate the jury would convict Victor Cruz? That death would be imposed, that all his appeals would be denied? You counted on it.
You took that to the Feds and they laughed you out of their office.
Here we go again.
Your Honor, Mr.
Winston is an attorney.
He knew his lies would help convict Cruz for the murder of a federal judge.
He knew a conviction would almost certainly result in a death sentence.
His lying evinced a depraved indifference to these realities.
Mr.
Cutter assumes that the jurors relied on Mr.
Winston's testimony as a key factor in their verdict.
Then let's find out if his assumption is right.
We were in deliberations for six days.
We had eight votes.
Half the jurors believed Mr.
Cruz's claim that he was framed was plausible.
What changed their mind, Ms.
Palina? Mr.
Winston's testimony.
What specifically about his testimony? Mr.
Cruz said he smoked in Mr.
Winston's office.
Mr.
Winston said it wasn't the truth.
We all thought if Mr.
Cruz could lie about something so little, he could lie about everything.
Did it ever occur to any of the jurors that it was Mr.
Winston who was lying? No.
He was representing Mr.
Cruz on that lawsuit, and he seemed to really care about Mr.
Cruz and his family.
And when he testified, you could tell it was difficult for him going against his own client.
Mr.
Cutter, if you please.
Ms.
Palina, are you telling us that if Mr.
Winston had corroborated Mr.
Cruz's testimony, that he did indeed allow people to smoke in his office, that you would not have convicted Mr.
Cruz? Objection, Your Honor, you're putting words in her mouth.
Sit down.
You can't let her do that.
Answer the question, please.
If Mr.
Winston had said that, I would have had a reasonable doubt about Mr.
Cruz's guilt.
I wish he had said it, Your Honor.
Even though we followed the law, I can't seem to forget we sent a man to die.
It appears that the People can make a viable case that, but for the false testimony rendered by the defendant, Martin Winston, Victor Cruz would have been acquitted and would be alive today.
I therefore deny Mr.
Winston's motion to dismiss.
In that case, we ask that his bail be revoked and that he be remanded.
That's pure vindictiveness.
History indicates that the defendant won't flee.
He'll remain out on bail.
My clerk will set the date for Mr.
Winston's trial for the murder of Victor Cruz.
You're not a good enough lawyer to pull this off.
I hope you haven't put a down payment on that penthouse office.
Don't you worry about that.
PanWorld's ready to make an offer.
I'll have the check cashed before this ever goes to trial.
Don't be so sure.
Ms.
Rubirosa is filing a complaint with the Grievance Committee as we speak.
We're seeking to have you removed immediately from the PanWorld litigation.
You don't have standing to do that.
But Victor Cruz's wife does.
The evidence supports an indictment against you for the murder of Charles Sawyer.
We also find reasonable cause to believe you perjured yourself to frame one of your own clients for the murder of Judge Henry Davis, a murder you must now be suspected of having committed to influence the outcome of the PanWorld litigation.
The Committee can't believe Let me finish, Mr.
Winston.
Whether you're guilty or not is for a court to decide.
Nothing has been proven.
Our standard of proof is not the same as a criminal court.
But the Committee has to allow me to continue my representation until the unlikely event that I'm actually convicted of something.
Convicted or not, you manipulated the legal system with lies and, apparently, murders.
I worked on PanWorld for seven years.
I'm at least entitled to payment for actual hours billed.
You took the case on contingency.
There was never a payment guarantee.
You cannot be serious.
I put everything into this case.
Besides disqualifying you as counsel, we're also prohibiting you from receiving any compensation derived from this case.
This is a sham! You can't do this! Where's the fairness? You are stealing from me! Shame! Shame on all of you! I'll catch up with you downstairs.
You happy now? You went after my money.
My money.
It had nothing to do with your job.
Don't worry about money, Mr.
Winston, I'll send you $100 on your birthday.
You can use it at the prison canteen.
Look how he's walking.
PanWorld was my whole life.
We can talk outside.
Talk to this.
Get down! Drop it! Get down! Give me You okay? I think so.
Thank you.
Sure.
Don't move.
Let's get you out of here.
The men's room.
Would've made for some pretty ignoble crime scene photos.
Another reason to be grateful to Lupo and Bernard.
Here's to earnest civil servants.