All language subtitles for Law & Order s10e17 Black, White and Blue.eng

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.

Mom, I need lunch money.

I made you a sandwich.

But I hate peanut butter.

Since when?

Since now.

Here. Bring me
some change.

Now move.

Mom!
You're gonna be late

for school again.

There's a guy here.
(SIGHING)

I gotta get to work.

A white guy.

What does he want?

Get inside. Now.

What time did you
get in last night?

8:00. We were in
till this morning.

Did you see or hear
anyone outside?

No. Our bedrooms are in the back.
I was asleep by 10:00.

Did you get a look at the kid?

Yeah. And he's not
from around here.

Okay. If you remember anything,
give me a call. Thank you.

Turn up any witnesses?

Nothing yet. We're
still canvassing.

Any disturbance reports
in the area last night?

Some domestic disputes.

And we had some locals throwing bottles
at a squad car a few blocks up.

Brought out a few units.

We found blood on the
stairs leading down here.

Maybe he was looking for help.

Blunt force trauma
to the back of his head.

No wallet.

Seventy cents and some car keys.
Toyota.

We're gonna need plate
numbers on any Toyotas

in the area.
Okay.

Kid was smoking reefer
I smelled it on his clothes.

ED: Maybe he
was out partying.

Yeah. There's a drug
message for ya.

(CAMERA SNAPPING)

Kid was 16,17.

Bled to death from a
blow to the head.

From what?
M.E. says

probably a curb or a step.

His shoulder was dislocated
and he had defensive injuries

on his hands and forearms.

Kid was outmatched.

Time of death,
11:00 to midnight.

Did they run a tox screen?

Yeah, it came up a strong
positive for marijuana.

We ran his prints. No hit.

Nothing at missing
persons either.

We've got LaMotte
calling all boroughs

to see if there were
any calls last night.

Did you get a read
on his clothes?

Gap polo shirt. Banana Republic sweater.
Suede jacket.

Clean-cut white kid up in
Harlem, scoring reefer.

Visiting friends, going to a
poetry slam at the sugar shack.

Whatever. He was in over his
head in the wrong place.

Call went to the 36 after midnight.
Michael Tobin.

Seventeen-year-old
boy didn't come home.

Michael went to move the car.
Alternate side parking.

I usually do it, but he
just got his license.

What time did he leave?

(SIGHING) 10:30.

After an hour, I got worried
and went out to look for him.

I found the car parked a couple of
blocks up from where I'd left it.

Michael left his wallet and
cell phone in his room.

You can have 'em if they'll
help you find him.

Well, actually, uh...

A young man was killed
in Harlem last night.

Oh, God.

It's Michael.

(SOBBING)
Oh, no! Where is he?

BRISCOE: He's down
at the morgue.

Harlem? What was he
doing in Harlem?

We were hoping
you could tell us.

Did he know
anyone in that area?

He wouldn't go there.
It's dangerous.

(ANNETTE CRYING LOUDLY)

The medical examiner found
marijuana in his system.

Michael went to a
party last weekend.

He said we smoked when we
were kids, why couldn't he?

It's from this morning.
Parked near a hydrant.

I didn't think to move it.

Have you got
an extra set of keys?

Thanks.

(BEEPING)

No sign of a struggle.

Listen, secure the area

and get CSU over here.
Right away.

Mr. Tobin, we're gonna
have to impound the car.

We need to go over
it for evidence.

Take it. I'd like
to get back to my wife.

Sure. Go ahead.

I don't remember
seeing him last night.

What about a black
Toyota 4Runner?

No. Where'd he live?

656 West End.

Last time anybody saw him he was
leaving his building around 10.30.

We saw two male blacks hanging
out on that block around then.

We circled a few times, let
'em know we were on 'em.

ED: What do you mean,
"hanging out"?

You know, standing around.

What'd they look like?

Average height. Late teens, early 20s.
Dark clothes.

That the best you can do?

Yeah. Hey, we don't make detailed
notes on every Tom, Dick and Harry.

They weren't bothering anybody.

Then why'd you
notice them at all?

'Cause we get paid to.

(DISTANT SIRENS)

We got roll call.

BRISCOE: Thanks.

Two kids hanging around
Tobin's building at 10:30.

Yeah. Waiting for the
calculus assignment.

Doesn't sound like
anybody at school.

And Michael would've told me if he
was hanging out with guys like that.

Guys like what?

You know, the brothers. I
don't mean any disrespect.

None taken. Where'd he get
the stuff he was smoking?

Do you want to help us or not?

What's that got
to do with anything?

Maybe the guys outside
were his connection.

I don't think so.
Why not?

Look, Brad, we're not looking
to make a drug bust.

Nobody will get in trouble?

ED: Why, you
his connection?

Well, yeah.

(SCHOOL BELL RINGING)

Can you think of anyone
who'd want to hurt him?

It didn't have
to be anyone he knew.

Mike had a knack
for pissing people off.

He never knew
when to back down.

He know anybody in Harlem?

There's this girl
at our school. Allie.

ALLIE: Michael and I
were lab partners.

BRISCOE: Was he coming
to see you last night?

I... I don't know.

"I don't know," is not going
to help the detectives, Allie.

The boy was killed
four blocks away.

Had he been here before?

No.

Uh... (CLEARING THROAT)
Mr. Johnson,

if it's not too much trouble,
could I get a glass of water?

Sure.

So, you and Michael
were good friends?

Uh-huh.

Was he your boyfriend?

I never told my father
about my girlfriends.

I always thought it was
none of his business.

If that's the way you want
it, we can respect that.

He came here a couple of times

when my father wasn't home.

Was he coming to see
you last night?

No. Really.

(DOOR OPENING)

When was the last time
you spoke to Michael?

ALLIE: (CLEARING THROAT)
In school yesterday.

ED: Phone calls?

ALLIE: No.

I think he might've
called here.

ED: What makes
you say that?

I was on the phone with my sister in
Baltimore when a call beeped through.

At first I thought
it was for Allie's brother.

But the boy asked for Allie.

He said he was
a friend from school.

What time was this?

A little after 11:00.

I think he was calling from out on the street.
I heard a bus going by.

I asked him to call
back in 15 minutes.

Did he?

If he was going to visit his girlfriend,
I don't think she knew he was coming.

So, any theories
on how he got up there?

Well, we came up
empty on the cab companies,

and the token clerks on the Broadway
local didn't notice him on either end.

A hippopotamus could buy a MetroCard,
and they wouldn't notice it.

Now, the one train stops at
137th, a block from her house.

Why would he be at 140th?

Pay phone IUDs from the
area of the murder.

The call went to the
Johnson apartment at 11:19

from the corner of 141st and Broadway.
Five blocks from her place.

A block from where he was found.
He was walking toward her house.

Check any place that might've
been open at that hour.

He wasn't here.

Maybe one of your customers
saw him on the way out.

We'll need your
credit card receipts.

It's cash only.

I heard on the news
he went to Windsor Academy.

Yeah.

There's a girl that comes
with her brother sometimes.

She told me she
goes to school there.

Did she tell you her name?

Allie, I think.
She's nice looking.

Tried to ask her
out once. Bad move.

Why, she turn you down?

She didn't even
get a chance to.

Her brother got all bent out of shape.
Pulled a John Rocker on me.

BRISCOE:
How's that?

He said his sister's not going
out with some taco boy.

I called him taco boy
to make my point stick.

Did you know Michael Tobin? No.

Come on, man. He was
your sister's boyfriend.

I didn't even know she had a boyfriend.
Allie's not allowed to see boys yet.

BRISCOE: And whose
rule is that?

My father and I work hard so Allie
can make something of herself.

So you'd have a problem
with her seeing anybody.

This is stupid. Two nights ago,
I was here doing inventory.

BRISCOE: Till when?
Midnight.

Look, I got customers waiting.
Okay?

You still here?

Need to ask you a few questions,
if you have the time.

Mmm-hmm. Got as long as
this cigarette lasts.

You were here on Tuesday night?

All of us were. The boss
had us doing inventory.

What time did everybody leave?

Well, let me see. Clarence
and me stayed till 10:00.

And Louis stayed
and finished up.

By himself?
Yeah.

How come?
He's the assistant manager.

What? Is Louis in
some kind of trouble?

No. This is just routine.

Look, Louis is all right,
and he's great with kids.

We hear he's a bit of a hothead
when it comes to his sister.

Maybe a little overprotective,

but all he talks about is how
Allie's gonna make it big.

Couple weeks ago,

he went psycho on some guy
dropped her off here.

You see the guy?

No. I saw his SUV.
Black Toyota.

I like the Lexus, myself.

Well, what did Louis do?

Ran after the car, yelling if he ever saw
him around Allie again, he'd mess him up.

I was working at the store till midnight.
Then I went straight home.

Yeah, after you smashed Michael
Tobin's head against the sidewalk.

Why don't you believe me?

You lied to us about
knowing him, Louis.

And your coworker
heard you threaten him.

I was just looking
out for my sister.

You didn't like her knocking boots
with her white boyfriend, did ya?

Yeah, okay,
but I didn't kill him.

Yeah, you see this dope
smoking punk that night

sniffing around
your baby sister,

so you tell him to back off,

things get a little out of
hand, and he hits his head.

That's not murder, right, Ed?

Maybe not even manslaughter.

It's nothing.
I was working.

How can you do this to him?

Mr. Johnson...
My son has a good job.

He's never been arrested.

We're decent,
hard-working people.

Sir, Louis lied about
knowing Allie's friend.

We have a witness who saw
your son threaten him.

And we understand
he has a temper.

Louis is all bark, Lieutenant.

Now he was at work
when this happened.

No one can confirm that.

You waiting for Elijah
to come down and testify?

White boy gets killed in my neighborhood
and you treat us all like criminals.

You ought to be
ashamed of yourself.

I'm coming back with a lawyer.

VAN BUREN: You recognize anyone
from 93rd street, Officer Smith?

No, sorry.

How'd my partner do?

ED: He flunked too.

We really didn't
get much of a look.

Thanks.

They're not making
cops like they used to.

We need the kid's dirty
laundry to test for blood.

What? You gonna forge a judge's
signature on a search warrant?

Hey, we got motive, no alibi.

Be nice if you could put
him at the crime scene.

Didn't see anything. 11:15, we
were on a job eight blocks away.

The area where the kid got
popped, who hangs there?

Nobody, really. That
block's pretty quiet.

We heard some bottles got thrown on
a cop car near there. You involved?

Just the tail end.

Bum squad picked up a homeless
guy sleeping on the sidewalk.

When we responded, it was just some
kids giving hell to the back-up units.

What kids?

From the neighborhood. It was
a big excitement over there.

(SCOFFS) It was three hours before,
I doubt they saw anything.

Hey, let us do
the doubting, all right?

Time we got there, it was
already under control.

But our local Sharpton was still
out there, preaching to the choir.

ED: Yeah. We heard
you were on the street

Tuesday night.
Yeah.

We just wanna know if you
saw this guy out there.

His name is Louis Johnson.

I know his name.

Any reason I should be
talking to a couple of cops

after what happened out there?

What, you mean like
you causing a riot?

The guy those cops rousted, JT,

he's been sleeping
out there for years.

He's kinda slow in the head.
He's a nice guy.

He never bothers anybody.

BRISCOE: Yeah. Back
to Louis Johnson...

These white cops kick
him till he wakes up,

throw all his stuff on the street.
Now you think that's right?

So you respond
by chucking bottles?

By any means necessary.

That right? That include
killing white kids?

I didn't kill that boy.

And I know Louis from the neighborhood.
He's a nine to five.

Probably a Republican.
He didn't do it either.

Is that a character reference
or you know something?

You get JT out of
lockup, and I might.

Now why would we do that?

I heard some guy at a party was
bragging about doing the white boy.

It wasn't Louis.

That's not much.

He said he took the white boy's Tommy
jacket and then he cut him up.

Bad news. Kid wasn't wearing a
Tommy, and he wasn't cut up.

That's what he said. He said he
saw the white boy by a pay phone,

near a Key Food,
then he followed him.

All right, we'll get JT out.
What's the guy's name?

Don't know his name. But
the party was on Hamilton,

next to the check cashing
place, second floor.

Wonder if this party
made the society page?

Hmm. The host
spared no expense.

Oh! There's our host now.

(MOUSE SQUEAKING)

"Tony's Beverage Mart."

Our party people
lost their deposit.

Hmm.

What makes you think
it was my keg?

It's got your sticker on it.

I had one disappear
a few nights ago.

Any idea who disappeared it?

Not really. Ever since
I hired this guy,

I've had a couple
of things walk away.

So why's he still working here?

It's my wife's nephew.

You know anything
about a missing keg?

I know things get
lost in this world.

You know your
hands are shaking?

Cops make me nervous.

Maybe 'cause you're
feeling guilty.

Maybe 'cause I feel like I'm
getting the third degree here.

Oh, we're still
on the first degree.

I'll give you
some friendly advice.

You ain't got
the cojones for this.

Come on, man. I've only been
working here three weeks.

I don't wanna get fired.

Hey, worry about being a
disappointment to your family.

(SIGHING) All right, some guy
I know invited me to a party.

I just wanted
to do him a favor.

Anybody at the party
celebrating a murder?

Murder. Uh-uh.
Wasn't that kind of party.

There a guy at this party wearing
a Tommy Hilfiger jacket?

Yeah, yeah. He left with a chick in
the boots, and the leather dress.

Um... Seventeen,
going on Tyra Banks.

You get any names?

I think her name was Tina.

She said she lived in the projects.
Powell, some name like that.

Anyway, you couldn't miss her.
She's...

Empty apartment's good for a party.
More room for dancing.

You dance with a guy
in a Tommy jacket?

Tommy, Ralph, Enyce.

Your mother know about
your social life? Yeah.

Well, maybe we should
call her at work.

Called himself Biggie.

Kept telling me
he was big all over.

I ain't got time for that.

So why'd ya leave
the party with him?

I needed a ride.

Did he mention where
he got that jacket?

Hah. I was teasing him
about it being too small.

So just like that, he told me
he took it off that white boy.

Probably not a great idea to take
a ride from a guy like that.

Thanks, Dad.
Can I go now?

Now what did this
Biggie look like?

Big. Look, I'm
20 minutes late.

You're partying with us today.

We're gonna go downtown and
look at some mug shots.

Wait.

(SIGHS)

He gave me his beeper number.

All right. Ask him to
meet you someplace.

What, set him up?

(SIGHING)

What's up, Tina?

Who the hell are you?

Come outside with us, please.

I got a date Nice jacket.

I'd kill for a jacket like that.

What you... What
you talkin' about?

Come on. Let's go.

Let me just holler out my
girl over there for a minute.

You can holler her out
in about 25 years.

Why'd you do me
like this, Tina?

Y'all ain't got nothin' on me.

Yeah, except witnesses
who heard you confess.

Well, they heard wrong.

Yeah? How'd you know
the kid got stabbed?

That wasn't even in the papers.

Only the killer knows
a detail like that.

And where'd you
get his jacket, huh?

This ain't his.

That's not what
his grandma says.

She bought it for him
for his birthday.

My cousin got me this.

Now who do you think the
jury's gonna believe,

this kid's grandmother
or your cousin?

Listen. Girls at the party was dissin'
my gear for not fittin' right.

Sol played like I got
it off the white boy.

They're gonna
laugh in your face.

I was just tryin' to get
my props, that's all.

Hey, how'd you know about the
boy using the pay phone?

'Cause I saw what went down.

Couple of homies run up on
this white boy on a pay phone.

Said they was gonna bust him
up, and did I want a piece?

I said no, and I kept walking.
And that's the truth.

We need names.

Jerome and Marcus.

They hang out at the
bodega on Broadhurst.

You better hope
this checks out.

Hey, Jerome.

Hey, what you want?

You're under arrest.
You must be Marcus.

Not me, man.

POLICEMAN: Police! Freeze!
Give it up, man!

Too bad your feet are
faster than your brain.

Look, hey, watch my hand!

What'd you do to it?
I hurt it playing basketball.

What? Skin your knuckles
going up for a rebound?

Yeah. Y'all, I wanna
see a lawyer.

Story like that,
you're gonna need one.

A broken hand hardly
proves your case.

ED: We have a witness
puts him with the victim.

Who?

You want his address, too?

Look, my client might
want to cooperate.

He doesn't want
to face the death penalty.

Why would he?

That's all we have to say now.

Now's your chance to tell
your side of it, Jerome.

Your buddy in there is probably
rolling on you right now.

Can I talk to him?
Oh, sure.

You two get your
stories straight.

I'll sit here and have a few
donuts while you're chatting.

ELAN HOLT:
How bad does it look?

He's got no alibi
and a three-page sheet.

He's going down hard for this.

Oh, man! This is messed up!
I wanna get bail!

You can't even afford a lawyer. What
kind of bail you think you're gonna get

on a murder two charge?

Murder two?

I think I wanna cop to it.

No, you don't.

Thing is, we didn't mean
to kill one of yours.

One of whose?

Jerome, we're done.
Now shut up!

Why'd he say,
"One of yours?"

It sounds like they were under
the impression Tobin was a cop.

Yeah. Weathers' lawyer
shut everything down

when she heard what
the charges were.

She was expecting
to hear murder one.

Any chance they're right?

Could Tobin have
been an informant?

He's not registered
at one Police Plaza.

How about off the books?

Can we make this fast? My parents
think I'm out buying milk.

You told the detectives your friend,
Michael, wasn't in any kind of trouble.

He wasn't.

We have some evidence
that suggests

he may have been working with
the police as an informant.

Where... No way!
Where'd you hear that?

You don't need to know that.

Well, it's totally ridiculous.
He would've told me.

He didn't tell you
Allie was his girlfriend.

Yeah. I wish he had.

I just don't see it. I mean, why
would Mike be working with the cops?

He didn't even like 'em.

Any takers on the other end?

Briscoe and Green checked with
all the special units in Harlem.

Gangs, narcotics,
anti-crime. Nothing.

It's time to talk
to Jerome Weathers.

Let's see what it'll cost us to
find out what he's talking about.

My client's got nothing to say
till we know what's on the table.

We like what he tells us, we'll take
the death penalty off the table.

This is how it went
down, all right?

Me and Marcus saw the
cops take JT away.

A few hours later,
we saw the kid.

We decided to get some payback.
So we followed him.

Marcus yoked him up
and started pounding.

And you joined right in.

Damn fool started fightin'
back instead of takin' his.

I'm serious, we didn't
mean to kill him.

He fell on the steps
and hit his head.

Why him? Because he was white?

No. 'Cause he was
workin' for the cops.

What made you think that?

He got out of a cop car at the
corner off 144th from Broadway.

JACK: You notice any
markings on the car?

NYPD.

Is that it?
Any numbers?

No. It was
down the block.

The cops let him
out of that car.

In my face. In my neighborhood.
That night.

What did they think
was gonna happen?

There was no
intent, Mr. McCoy.

JACK: Except to kick
the crap out of him.

If it turns out he's telling
the truth, man one.

Damn.

Michael Tobin got out of
a patrol car in Harlem?

According to Jerome Weathers.

Four blocks from
where he was killed.

Do we believe this murderer?

Remains to be seen,
but if it's true,

whatever Tobin was doing up
there was totally off the grid.

We looked under all
the obvious rocks.

Look under new ones.

Could they have been working
with him under the radar?

All informants get
routed to special units.

Yeah, and sometimes they
fall through the cracks.

Not my guys...

We're being straight with you.

We never even
laid eyes on that kid.

10:15, they responded
to an aided call.

Yeah. Lady with chest pains.
We were there until 11:30.

An hour and 15 minutes?

The paramedics had a hard time

convincing her to go
to the hospital.

Yeah. It's all right
here in my memo book.

Check with engine 45.
We were there.

Okay, you two go to work.

Thank you.

That's it,
Ms. Carmichael.

Every sector car out that
night's accounted for.

Any other vehicles
signed out that night?

I already checked with
the motor pool sergeant.

If you want to look
at her log...

No, that's okay. Thanks.
Will you send me a copy?

Yeah. Now if this
fairy tale's true,

it's nobody from this precinct.

We heard you collared two
guys who fit our description.

That's right.

If you needed us
for a line-up,

you could've put
in a notification.

Well, we wanted to hear
the whole story again.

Not much of a story.

We saw two males by the
dead kid's building.

I don't know
if we can I.D. 'em.

What time was that?

I don't know. Whatever
we told your guys

when they interviewed us.

Where did you go after you
observed these two guys?

Back on patrol.

And what was your
location at 11:10?

What's this got
to do with a line-up?

Somebody saw Michael
Tobin get out of an RMP

up in Harlem just
before he was killed.

Somebody who?

CARMICHAEL:
That's confidential.

We were in Charlie
sector all night.

Look, why would we ride
around with this kid?

Maybe you were
using him as a Cl.

(SCOFFING) Absolutely not.

VAN BUREN: Then you won't mind
if we look at your memo books.

Don't you need
to go through IAB?

CARMICHAEL: IAB
doesn't have jurisdiction.

This is a murder investigation.

You got the two guys.

Whoever dropped Michael Tobin off
wasn't looking out for his welfare.

Uh...

Before we give up
any paperwork,

I think we need to get
with our PBA rep.

Stay in touch.

These are the sprint
runs from the 36,

all transmissions
for the entire shift.

Got the tape cued up
if you want audio.

Thanks. Smith and
Flannery were 36 Charlie.

10:45, they radioed
out for a meal.

Like they said.

But look at this.
At 11:10, they responded,

"Back in service,
will assist 36 Edward"

"on a job at 96th
and Amsterdam."

Two blocks away, they didn't
show up for 20 minutes.

Because they were in Harlem?

Wait. This is strange.

Hey, Sally, could you cue
up this radio run at 8:19?

This is 36 Sergeant One. Be
advised of rapid mobilization.

Standby for units
Adam, Baker, Charlie.

Disturbance at
144 and Broadway.

Civilians and officers
involved, possible injuries.

31 Sergeant will advice.

So, Smith and Flannery were
on alert for deployment

to that free-for-all
up in Harlem.

Over the arrest
of that homeless man.

They knew all hell was breaking
loose up there that night.

And they dropped Michael Tobin
right in the middle of it.

(SCOFFS)

Your clients took a detour to Harlem
the night Michael Tobin was killed.

This doesn't say that.

Their radio car was unaccounted
for from 10:45 to 11:30.

We signed off to get
something to eat.

You were done with
your meal at 11:10.

There's a gaping
hole in your alibi.

Which gave you a
window of opportunity

to take the Tobin boy uptown and drop
him in the middle of a war zone.

RILEY: For what
possible reason?

You tell me. If they have a legitimate
explanation, we want to hear it.

(CHUCKLING) Well, they don't need
to explain anything. Let's go.

You're gonna need more than this
printout and some half-baked theory.

Some kind of practical joke?

If it is, the cops
aren't talking.

You're sure it's them?

It's the only
plausible explanation.

ADAM: Can you prove it?

Their patrol car turned
up negative for prints.

We can't ID the car,
or its occupants.

We've got a good
circumstantial case.

And they're acting
guilty as hell.

All we need is another
police scandal.

(PHONE RINGING)

McCoy.

I'll tell him.

Your secretary, Adam.
The mayor's holding for you.

She say what it's about?

Smith and Flannery.

Get a handle
on this thing, Jack.

What?

Flannery's civilian
complaint file is clean.

He did manage to get
himself a commendation.

Smith has a commendation
and two complaints.

The first one was
for excessive force.

He pushed the girlfriend of a man
he was arresting. Dismissed.

Then his wife complained
he was abusive.

He was referred
to peer counseling.

You're not a doctor,
Lieutenant Fernandez.

We can subpoena you.
There's no privilege.

Go ahead. You really think
I'd breach his confidence?

I'm not interested
in his marriage.

Isn't there something you can tell
me that might help the guy out?

I can't get into that.

A young man was murdered.

People expect
cops to be perfect.

You got a split
second to decide

if a guy's going for his
house keys, or a gun.

It's not easy being on the job.

And I am sympathetic
to that, Lieutenant,

but if Smith was coming here,

he was obviously stressed
out about something.

(SIGHING)

Between you and me,

this thing's tearing
him up inside.

They kidnapped him and
dropped him in Harlem.

What kind of cops are they?

By all accounts, average.

Maybe something
Michael said or did

led to some misunderstanding.

Did your son ever have any kind
of run-in with the police?

A few months ago,
he got a parking ticket.

Made a big scene.

Because he was parked legally.

It's only natural for kids
that age to resent authority.

Especially when it's wrong.

What about at school?

His guidance counselor told us he had
a few detentions and a suspension.

For one day. He was caught out
of his room on a school trip.

You're saying
this was his fault?

That's not what we're saying...

When the police kill a black
kid, this place goes crazy.

When it's a white kid,
you blame the victim.

Our son was murdered.

Aren't the police
supposed to protect us?

Why is the U.S. Attorney interested
in a state murder prosecution?

There are federal
implications, Mr. McCoy.

As long as the matter is
being handled judiciously,

the ball's in your court.

We're prosecuting the young men
responsible for the murder.

And the officers who violated
Michael Tobin's civil rights?

We're planning to indict them for
endangering and unlawful imprisonment.

They'll be thrown
off the force,

might even do some
felony jail time.

That's not gonna cut it.

It'll be perceived
in certain quarters

as an under-zealous
prosecution.

Perception? I thought we were in
the criminal justice business.

And the perception
of justice being done.

I'm not telling you
how to run your office.

But if the justice department
isn't happy we're stepping in.

Not gonna happen.

It's a no-win
situation, Adam.

Let's do what
we think is appropriate

and let the chips
fall where they may.

Charge the cops with murder.
Depraved indifference.

They dropped the boy
into a minefield.

Harlem is a minefield?

How's that going to play?

You send two black kids to
state prison for manslaughter,

and you slap
two cops on the wrists

for putting the boy
in their sights.

How's that play?

So politics as usual.

The mayor's very concerned.

The mayor is on board
for going after two cops?

The mayor wants peace and
I'm gonna deliver it.

The police force
is out of control.

Manipulating racial distrust
for their own purposes.

I won't be part of it.

I'm with Adam on this one.

Abner Louima, Diallo.

It stops right here. Do it.

CLERK: "Calendar numbers
54, 55, 56 and 57."

Top count is murder
in the second.

Well, here's an
interesting group.

My clients plead not guilty.

Mr. Cook and Mr. Weathers
have accepted pleas

to manslaughter
in the first degree.

What's the promise?

Seven and a half-to-15.

JUDGE: Set it down
for their allocutions.

You want bail
on these officers?

It's a murder
charge, Your Honor.

It is on paper.

Fifty thousand, each defendant.

They're ready
to post, Your Honor.

(RUCKUS)
So, the D.A.'s office

is trying to crucify
two fine police officers.

You're saying they're innocent?

Absolutely. I mean, take a look
at those people down there.

The D.A.'s office
is playing to the mob.

Mr. McCoy? Care to comment
on Mr. Riley's claim

you're conducting a vendetta
against the police?

We're prosecuting
two individuals

who committed a crime, nothing more, nothing less.
Now if you'll excuse us.

Are these officers
being charged to pacify

the African American community?

I just told you
what we're doing.

Did you make a deal
with one of the men

who admitted killing Michael Tobin
in exchange for his testimony?

No comment. Now, please,
let us through.

You having fun yet, McCoy?

Is that how it's
gonna go, Mr. Riley?

Trying the whole case
on the courthouse steps?

And the courtroom. I'm moving
to dismiss the indictment.

(INDISTINCT SHOUTING)

Depraved indifference murder
requires the defendant

recklessly engage in conduct which
creates a grave risk of death.

A grave risk of death, Judge.

The people can't possibly prove
that element of the crime.

The officers knew there was a violent
disturbance at 144th and Broadway

due to a prior
radio communication.

Mr. McCoy is saying that
Harlem is a dangerous weapon.

I was under the impression
it was a neighborhood.

This is unmitigated racism.

I'll decide what's racism here.

You have to ignore these hot-button
labels and look at the facts, Judge.

White boy in Harlem's
gonna wind up dead.

Call it what you want,
that's the People's case.

JACK: These officers made
a calculated decision.

Out of the thousands of street
corners in New York City,

they picked this one.

They may as well have painted a
target on the young man's back.

He was a target
because he was white?

Because the police branded
him as a collaborator.

They dropped him
out of their marked car

in the aftermath
of a disturbance.

It's hard to ignore
that, Mr. Riley.

You of all people, Judge...

Don't try that
on me, Mr. Riley.

Your motion is denied.

(WHISPERING)

My clients want to talk.

Before or after your spin
session with the media?

You hear what they have to
say, I'll keep my mouth shut.

Now this is off
the record, right?

We're not looking to sandbag
your clients into an admission.

Now, what happened in
Harlem was nothing more

than a tragic
lapse of judgment.

If that's true, we're prepared
to take it into account.

Can you be a little
more specific?

If you can convince me
this wasn't malicious,

we'll consider man two.

It's still jail time. Maybe we
should just take our chances.

Earl, you got nothing to lose
by putting it on the table.

I got a bad feeling
about this, Smitty.

(SIGHING)

The kid was driving erratically,
so we decided to check him out.

There was the odor
of marijuana in his car.

We tossed him,
but he was clean.

Then the kid started giving
us attitude. (SCOFFS)

Big mouth preppie
in his 40,000 dollar car.

Like he had a right
to break the law.

You know what he said?

"Why don't you go up to Harlem
and arrest some real criminals?"

Me and Smitty decided
to teach him a lesson.

We never thought...

It was just stupid.

Stupid and wrong.

What do you say, McCoy?

Man two. Five-to-10.

And you recommend protective custody?
Mmm-hmm.

Mr. McCoy,

will you tell the kid's
parents we're sorry?

You can do that yourself

when we take your plea.

Five years?

I knew you wouldn't be happy, Adam,
but it's the right thing to do.

They're responsible
for the boy's death.

They made a bad decision
in the heat of the moment.

I wanted top count here.

They're saying
it was an accident.

The same reason Cook and
Weathers got manslaughter.

Smith and Flannery
wear the uniform.

They're supposed
to know better.

For all we know, they still
have the feds to deal with.

I'm not passing the buck
to the justice department.

So you sacrifice
a couple of lambs?

Your deal is throwing
gas on a fire.

I can't go back on my word.

This city is bigger
than your word.

The police are gonna think twice before
they pull a stunt like this again.

You go back, you tell
them the deal is off.

MR. RILEY: We had a deal.

I'm sorry.

Is that code for,
"I changed my mind?"

It's out of my hands.

Ah. So Adam Schiff
is going for the jugular.

I thought you had some
juice over there, McCoy.

It's not that
simple, Mr. Riley.

You reneging on my
clients' statements, too?

Don't worry. I won't
try to admit them.

What about your boss?

(SCOFFS) I mean, if that's
the way he's playing it,

I'm moving to change
venue to Albany.

You think the Appellate Division will
move this case out of Manhattan?

Cooler heads up North,
McCoy. Do you get my drift?

They lost the dismissal motion.

Change of venue
is a "Hail Mary."

I think it's a close call.

You try this in
Albany, they'll walk.

You really think we need
the home field advantage?

Last time an Albany
jury convicted a cop,

I had a full head
of black hair.

It's not Simi Valley.

It's not Manhattan. If there's
a melting pot, this is it.

A melting pot? It's more like
a recipe for a conviction.

Half the city hates the cops,

the other half has never
been north of 96th street.

You moonlighting for the PBA?

No, but enough is enough.

We're not trying
this in Albany.

The Supreme Court has held
that a defendant is entitled

to a trial that is not dominated
by a wave of public passion,

and is not overwhelmed
by press coverage.

But this is exactly what's happening
in this case, Your Honor.

On the heels of two
highly publicized

police brutality
cases in this city,

my clients are presumed to be
guilty instead of innocent.

What's the relevance of these
other matters, Counselor?

Those cases set
the tenor, Your Honor.

Let's take a look at the press
coverage that this is getting.

Two officers walking a terrified
white student down an uptown street.

They're calling it,
"A Harlem field trip."

Over 1,900 references to the
Tobin case in the print media,

never mind local radio and TV.

Any attempt to select an impartial
jury in this jurisdiction

is just a waste
of everybody's time.

Thank you.

What's different
in Albany? One thing.

The courts there are a haven for
police officers who break the law.

The fact of the matter is, this
was an equal opportunity crime.

A black cop and a white cop

overstepped their authority
and it resulted in a murder.

Are you suggesting that this incident
doesn't arouse racial passions, Mr. McCoy?

Wherever the case is tried,

potential jurors come to jury
duty with ideological baggage.

Don't you think that this
"baggage," as you put it,

weighs a lot more
in New York City?

The point is, the passions in
our community run the gamut.

Do you dispute the point
that the jury pool in Albany

has been far less influenced by
prior events and media coverage?

No, I'll concede that point.

But let's at least
make the attempt

to pick a fair jury in New York
City before the court orders

the drastic remedy
of changing venue.

Mr. McCoy has acknowledged
the intensity

of the public clamor
that surrounds this case.

And this court would be
remiss to ignore it.

If we choose to postpone our
ruling, pending jury selection,

the attention this matter
receives will only increase.

Let's get it right
the first time.

The court will err
on the side of caution.

The matter is transferred to the
Supreme Court of the county of Albany.

(INDIGNANT UPROAR)

(JUDGE POUNDING GAVEL)

Order! Order in the court!

MAN: Mr. McCoy, care to comment
on the court's decision?

There's been enough said and
written about this case.

I won't take part
in the feeding frenzy.

Do you think you can get
a fair shake in Albany?

I answered that inside.
Now, if you'll excuse me.

Wait. One more
question, please.

Springtime in Albany.

Maybe I'll meet
a nice bureaucrat.

Don't book
the reception hall yet.

There's no appeal, Jack.

There's always the intervention
of a higher authority.

You concede the point? You
played right into their hands.

I was trying to salvage
a draw from a defeat.

You needed to tell them that a fair
jury can be selected here. You blinked.

It may seem like that
on the cold record, Adam...

Don't humor me.
You tanked the motion

because you had to protect
your own precious credibility.

We'll talk about it when
I come back from Albany.

Nobody's going to Albany.

You're gonna get down on your hands and
knees, you're gonna make that deal.

If it was worth five-to-10 before,
maybe it's worth probation now.

Manhattan or not,
it's still a murder case.

A dead one.

Adam Schiff got it
right back in his face.

You underestimate
me, Mr. Riley.

You underestimate the
good citizens of Albany.

Bring your gangbanger witness up to Volvo-land.
See how far you get.

My father was
a cop, Mr. Riley.

I think I know how to
reach these people.

I think they'll identify
with the victim,

not your clients.

MR. RILEY: You're
playing the race card?

JACK: I'm making
an observation.

What if we don't want atrial?

Don't get cold feet now, Earl.

Yeah, man, don't sweat it.
This is going upstate.

Maybe that's good for you.

Forget black and white. All
these people see is blue.

Is that why you became
a cop, Officer Smith?

To hide behind the uniform?

No, it's not.

You've already
ruined your career.

You go down for murder,

you're looking
at 25-to-life.

What if we make a deal?

Four-to-12.

Three-to-nine.

Or we start shopping
for hotel rooms.

The Smith and Flannery file, in
case the feds come knocking.

Cook and Weathers were sentenced.
The case is off the front page.

Yeah. Till the next one.

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