Original subtitles

Back then, I was sharp enough to stick in the ground and green enough to grow.

I said yes to everything.

So they had me, you see. There was nothing I could do.

At this point in my career, I was just an overworked prosecutor grunt. You know

the feeling.

Now, this was long, long before I became the esteemed Chief Judge Fleming,

winner of the State Bar Association's Lifetime Achievement Award. I'll take

that.

Am I being humble enough?

No, no.

In fact, I am.

Right on.

Sorry. Did you empty the four bottles at your table? Practically by myself. Just

a bunch of sippers.

Hey, do you guys have some gift bags over there? Lucy, I said you could have

mine. Hey.

Firm springs for a table and nobody invites me?

Shh.

Oh, that's right, Judge Fleming. I forgot what it was. big deal he was to

You know I like him even better off the bench.

I'm just trying to live.

This is the room that would be perfect for his office.

Now, mind you, it's the middle of the summer, but here I am, helping the Chief

Justice of the United States move furniture.

I'm sweating buckets.

I mean, I'm pushing this.

I'm talking huge.

Let's talk about Cassell.

Um, tomorrow on court.

Now, I know you think the Cassell case hinges on consent.

But... You're in no shape to argue this tonight, Counselor. Can you two take it

outside? Very good idea.

Bob,

your client is a bad man.

He deserves to be in jail.

I'm not letting him back out on the streets. Maybe not, but you're going to

me a new tie. I mean it.

I can see that.

You're not taking me seriously.

This is going to go to trial.

And, buddy, I'm going to win.

At which time you arrived at the defendant's house?

Yes, correct.

Now, Officer Chen, can you describe what transpired?

I knocked on the door, announced my presence.

Cassell's girlfriend answered, said he wasn't home.

I requested permission to search the premises, and she, the girlfriend,

my request.

I did a protective sweep of the common area. Then I heard someone talking down

the hall.

And at that point...

I approached the room with my weapon drawn, pushed open the door, and

Was anyone inside?

No, it was a TV.

Politically incorrect.

But right there in the corner, in plain sight, was a box filled with plastic

-wrapped bricks of what appeared to be narcotics.

Cocaine.

You say you heard the television.

I heard someone talking. I thought it might be the defendant.

Did you hear anything else? Band playing?

Laughter from an audience?

Just talking.

You opened the door, and this is where you saw the television.

No, it turned out to be coming from the next room. So there was no talking from

this room after all?

No. And yet you still saw fit to enter the room and continue your search?

The box was right there.

And you say it was Mr. Casale's girlfriend who consented to your search?

That's right.

Where is the girlfriend?

I would think she'd be here.

She hasn't come forward.

We can't find her.

No further questions, Your Honor.

The witness may step down.

Your Honor, move to suppress, too, the fact that my client was denied his

Amendment rights. Officer Chen had no right to search. Your Honor, Officer

relied on the girlfriend's apparent authority to consent.

We deny the girlfriend ever gave consent. It's hearsay. We don't

ever happened.

Furthermore, Officer Chen's account of discovering the drugs is riddled with

contradictions. Not true, Your Honor. Officer Chen testified he heard talking.

He heard the television, and not even from the room in question.

Regardless, the search of the room was part of a protective sweep.

Once inside, the evidence was in plain sight.

Fruit of the poisonous tree. The fact of the matter is... Thank you, Counsel.

Well argued.

I must say, I'm not entirely certain.

that a ruling would even be appropriate at this juncture without the benefit of

additional evidence that might arise at trial.

I think we could all benefit from more time.

But the defendant is entitled to a speedy trial and a speedy trial he shall

Accordingly, I'll reserve my ruling on this matter while allowing the trial to

go forward.

The clerk will set a date for jury selection.

We're adjourned. Your Honor.

Thank you, counsel.

Yeah.

Helen Gamble.

Yes. Greg Mitchell, U .S. Attorney's Office.

You guys recruiting door -to -door these days?

It's my understanding Judge Fleming left the ball in the air this morning. You

never know with these suppression issues.

Since when does the U .S. Attorney's Office take an interest in a state

possession case?

Actually, I can think of a couple dozen federal cases we'd like to pawn off on

you.

What's this about?

Ms. Gamble.

How well do you know Judge Fleming?

I've appeared before him a number of times. When he was a DA, we all sat in

his trials.

In fact, I was at a dinner last night honoring... We have reason to believe

Judge Fleming has been accepting bribes.

Come on.

Now, in this case that you're handling, he might eventually admit the evidence

to compensate for his recent spate of suppressions and acquittals and to check

any attention he might have already drawn to himself.

And he may admit the evidence because I established a valid reason for him to do

so. Well, with all due respect, we don't think so.

By reserving his ruling, he is sending a message that he is open for a bribe.

This has been his M .O. in over a dozen cases that we've reviewed.

It never occurred to you that he may just prefer not to make impulsive

from the bench? We have a witness. We have a federal prisoner who's looking to

reduce his sentence on a robbery conviction.

Well, that's reliable.

This prisoner says in a previous case, his lawyer paid Judge Fleming five grand

for an acquittal.

And we have evidence of similar payoffs.

The Department of Justice has been looking at this case for over eight

Have you approached any of the attorneys in those cases, spoken with anyone

upstairs? Now, we're concerned with tipping off the judge.

We prefer in these matters to handle this through a sting.

We create a case, and then we assign an attorney who we think might be involved.

Is that what this is?

You want me to prosecute a fabricated case.

Actually, Ms. Gamble, you already are.

What's going on?

Cassell, what are you doing here? Bobby, it's okay. Like hell it is.

You can't meet with my client without my approval.

Greg Mitchell, AUSA.

And this is Agent Donegan, FBI.

How are you doing, Mr. Donald?

You're a fed?

Same with my idiot cop, Chen. I had no idea.

What is this?

We think Judge Fleming is on the take.

We've been observing him for some time now, and we plan to bring him down with

this trial.

Get out of my office.

You have a very impressive track record in front of Judge Fleming.

You think I'm somehow in on this? Well, we were suspicious, but based on your

interactions with Agent Donegan, we're no longer targeting you. You're off the

hook. It's official.

Are you involved in this? What?

Bobby, no.

I tried to shut this down. Look, I think you should at least listen.

We want you to offer Judge Fleming a bribe. Forget it, Bobby.

Can I call you Bobby?

Bobby, you're missing the bigger picture here.

The Office of U .S. Attorney and the Grand Jury have invested a great deal of

time and money in this investigation, and your cooperation would be greatly

valued.

But your failure to cooperate, well, that would create a problem.

And I think you can appreciate that we will do everything that we can to get

to cooperate.

Are you threatening me?

No, I'm stating a fact.

And the fact is that you may well find yourself and this firm conflicted out of

all superior court cases until this investigation is completed.

And who knows how long that'll take without your cooperation.

So if you want to stay in business, you're going to do whatever we say.

What if Fleming's clean?

You offer him a bribe, he tells you to take a walk.

Now he thinks you're dirty.

Helen would not let Bobby take the fall. They'll just have to suck it up, tell

the judge they made a mistake and that they forced Bobby to participate.

Fleming is very popular and judges talk.

And there's nothing to stop him from turning every judge on the state and

federal bench against us. All our careers could be over.

If Fleming is dirty, which is doubtful, his friends are going to resent us for

bringing him down.

Count on it.

Don't you think the majority would be outraged if he is on the take? Wouldn't

they be glad we got him? You're kidding yourself, Rebecca.

Operation Grey Lord in Chicago, judges got busted, and most of the people who

wore the wires ended up pariahs. Because they'd been on the take and only set up

others to save themselves. People will assume the same about us.

Look, obviously I don't want to do this.

I agree the risk is tremendous.

But I just wonder if angering the U .S. attorney isn't a bigger risk.

Lindsay.

My first jury trial was in front of Fleming.

It lasted three months.

He was fair, considerate, more than competent. I came to like and admire him

very much.

He remains the best judge I have ever appeared before.

He has his share of believers. I'm one of them, Lindsay. You can't do this.

Don't let Mitchell use you like this or use us. We're not doing anything wrong.

I'm not so sure that matters.

He better be guilty.

This is just like Donnie Brasco.

Let's see, do you mind?

Actually, Brasco was FBI.

How amazing was Johnny Depp?

Johnny Depp is an actor.

The real Donnie Brasco was amazing.

You knew him? Can we get on with this?

Fleming is going to need a signal that you want a deal.

So the first thing that you do in court this morning is you waive the jury and

you request a bench trial.

I'll have to consult with my client.

This is how most defense attorneys seem to be approaching the judge. It shows

that you're willing to put your fate in his hands.

Okay, say something.

You're pissing me off.

Perfect.

Okay, you can button up.

Keep this in your pocket.

When you're ready to record, click it once and you're rolling. How am I

through security wearing this?

You walk through the detector carrying your keys.

We're going to have someone stationed there. And when the alarm goes off, you

just do what you're told and you'll be fine.

Enter your pocket, please.

Step back through.

Spread your arms. You take him over there.

Oh, okay.

Spread your arms, sir.

Appreciate it.

Be seated.

All right, then.

In the matter of the Commonwealth versus Cassell, if there are no further

motions in limine, I believe we are ready to begin jury selection.

In regards to voir dire, counsel, as you may know, I typically... Your Honor, if

I may.

You have a lot to add these days, it seems, Mr. Donald.

Actually, my client has decided to waive a jury and request a bench trial.

Mr. Cassell?

Mr. Cassell, you understand that once you waive this right, the decision

be undone.

Your fate will rest in my hands alone.

Yes, sir.

Ms. Gamble, the Commonwealth is equally entitled to try its case before a jury.

Do you have any objection to Mr. Cassell's waiver request?

No, Your Honor. We're amenable.

Very well, then.

We'll begin with opening statements after lunch. Until then...

We're in recess.

You hating this as much as me? More.

Not possibly. Trust me.

Can I?

Trust you? I mean, I don't know who to believe anymore.

Who are the good guys? Who are the bad?

It was a lot easier when they all wore black and white hats.

First we give Fleming a Lifetime Achievement Award. Now we're trying to

him over the head with it.

Oh, and by the way, sorry for pulling you onto the floor.

Anytime.

Judge? Mr. Donald?

Did you enjoy your dinner the other night?

Oh, very much so. Very much.

Rumor has it that you're up for a circuit appointment.

Well, I learned a long time ago not to put too much stock in rumors.

It would be wise to do the same.

Of course, I'm not complaining.

It's nice to know there are people out there taking the rumor seriously.

I suppose it is.

Judge.

I've been weighing my options in the case before you, and well... To be

the DA's offered a deal. A somewhat reasonable deal, in my opinion.

I don't know if it's the right... Mr. Donald, are you asking

me... To handicap this case for you?

Thinking out loud, Your Honor.

Well, keep it to yourself next time.

That way our pleasant chat won't seem more like a highly improper ex parte

discussion. Judge, I had no intention... We're done.

The man cut me off way before I even got close to a bribe. He berated me for

initiating an ex parte discussion.

I know. I heard. I was listening. He is testing you. I don't buy that, all

right? I was there.

Look, this is a mistake. This man has done nothing improper in this case.

ruling, every word out of his mouth has a legitimate explanation.

Look, it's understandable that the two of you are nervous. It is normal in an

undercover operation. I'm getting out, and you should do the same. Bobby, it is

not that simple. No, it's very simple.

As soon as Fleming takes the bench, Helen will announce that a deal has been

made and the case will be dismissed. Nobody's announcing anything. If you

do it, I'll do it for you. I cannot allow that, Bobby. You son of a bitch!

You come in here with complete disregard for what we do day in and day out, and

all you're really aiming for is some high -profile case so you get the most

in the press, get the most bang for your buck. That's right. Just so you can let

everyone know you're a big shot doing your job and we can all sleep safe at

night. Judge Fleming is the most important and influential jurist in your

district. He's supposed to stand for all that is right, and he is a crook. I

don't know that. And I will not help you entrap an innocent judge.

Bobby, let me remind you that there will be major repercussions if you

jeopardize this investigation.

I suggest you make this case go away quietly.

Because I am done.

I'm Mr. Donald.

Walter Cates.

Judge Fleming's clerk.

Yes, right.

Of course, I'm sorry. I'm on my way to the courtroom now. Actually, the judge

would like to see you in chambers.

You know, I need to check with my firm, and I don't want to delay our afternoon

session. Would you ask the judge if he could see me at the end of the day?

Judge Fleming would like to see you now.

Judge, you asked to see me.

Thank you, Walter.

You ever read any of this fellow's work?

Can't say that I have. I believe it's the only way true justice can be built

if it's based on a foundation of a single, shared worldview.

Pretty radical stuff.

I got the book as a gift, so I suppose it doesn't much matter. I won't be

finishing it.

I know we all go through the security mill out there, but you can never be

who'll try to sneak what in these days, so you don't mind if I speak for myself,

do you, Counselor?

No, of course not.

Fine, thank you.

You'll learn to be careful, too, Mr. Donald.

You never know who's listening.

In the courtroom?

In the public restroom?

Yes, sir.

So, what was it you wanted?

I'm not quite sure.

Have a seat, Bobby.

Relax.

I've hung my judicial robes at the door.

We're simply two men having a conversation.

Earlier, you referred to a deal proffered by the assistant DA.

What exactly are we talking about?

Three years.

I see.

How does that sound to your client?

He'd prefer less.

Touché.

Touché.

Which brings you to me, is that right?

You'd like to make a deal, too?

If possible, Your Honor, yes.

I would.

$10 ,000.

I'll need time.

to get the money together.

Yes, well, I have no intention of sitting through an entire trial when I

know the result.

If we're doing this, we do it today.

You can have an hour.

I think I can make that happen.

Then I think you've got an acquittal.

You want this book?

It's yours for the taking if you like.

Thanks anyway.

He made the offer.

And you didn't have the wire.

I'm lucky I didn't. He patted me down.

Why couldn't you have stalled? I tried. He insisted I see him immediately.

All right, never mind. So what happened?

Will it be specific?

He won $10 ,000 in an hour.

The clerk told me to call him when I'm ready.

He's aware of the arrangement.

It seems.

We're on.

Let's go.

Walter, Bobby Donald.

I'm approaching the building.

Are we clear?

Globe? Good.

What's he waiting for?

This guy's killing me.

Come on already.

There it goes, there it goes.

I don't believe that.

Get that old man out of there.

Let's work, Walter.

Be seated.

We meet again.

In the matter of the Commonwealth versus Cassell. Your Honor.

In light of the jury waiver and in the interest of expediency, the Commonwealth

is prepared to forego its opening statement and move forward with its

witness.

The gesture is appreciated, Counselor.

Appreciated, and yet as circumstance would have it, unnecessary.

I'm sorry?

Over lunch, I had the opportunity to sink my teeth into the issues raised by

counsel in relation to the defendant's motion to suppress.

And having been designated the sole fact finder, my stated concerns about the

intertwining of fact and law are now moot.

I am prepared to rule.

I see.

After extended consideration of the testimony and applicable case law, it is

conclusion that the state's procurement of the narcotics resulted from a search

that improperly exceeded the parameters of the Fourth Amendment.

And while it pains me greatly...

To bar the introduction of such plainly incriminating evidence, the state's

infringement of the rights of the defendant leaves me no other option.

The motion to suppress is therefore granted.

Your Honor, the defendant moves for dismissal of all charges.

Ms. Gamble, read my written ruling. I don't see any way around this.

The prosecution places its objection on the record.

Very well, then.

Noted.

Case is dismissed.

Let's go.

Judge Charles Fleming? What's going on?

Federal Bureau of Investigation. This is my courtroom. How dare you come in here

like this? Judge Fleming, you're under arrest. What are you talking about? You

don't have any authority.

What is happening? You're under arrest for accepting bribes, extortion,

obstruction of justice, and racketeering under Title 18, USC, Section 1962.

You have the right to remain silent.

Anything you say can and will be used against you.

You have the right to an attorney.

If you cannot afford one, an attorney will be appointed for you.

And with reference to the remaining counts, how does the defendant plead?

My client pleads not guilty to each and every one of those charges as well, Your

Honor. Very well.

The court will schedule a preliminary hearing for one week from today.

In the interim, we request that Judge Fleming be released on his own

recognizance. The prosecution believes that the defendant poses a flight risk.

Your Honor, Judge Fleming is a highly respected judge. Furthermore, due to the

nature of the allegations, there is also the very real potential for witness

tampering. Your Honor. The government accordingly requests that the defendant

held without bail.

Your Honor, I'll ignore the fact that pretrial detention is not meant to be a

punishment. But proposing incarceration after arresting my client without even

the flimsiest of evidence is unconscionable.

While this arraignment is not the time to debate this case, I will remind

defense counsel that we have a witness who will testify to the judge's

solicitation as well as a videotape of the money drop. Gentlemen, please.

Let's bring this down a few notches, shall we?

Mr. Anderson.

Judge Fleming appears nowhere on this videotape, and there's no reason to

believe he was involved in any alleged scheme in any way.

Your Honor, as I said, these are issues to be raised at trial.

This already shaky case, where there is no audio or video documentation of my

client's involvement, is based on the highly questionable testimony of one

Attorney Bobby Donald. I have to object.

Bobby Donald, the prosecution's only witness, was charged with the passing of

information from the DA's office that resulted in the deaths of two police

officers. He was also charged... with the murder of the third man, William

Hinks. Mr. Donald was cleared of any wrongdoing in both cases, Your Honor.

we to believe anything that Mr. Donald says?

In fact, I have it on authority that the very reason Mr. Donald was chosen to

try to pull off this alleged sting operation in the first place... We are

here to talk... Mr. Mitchell, be grateful I am not exposing all of your

-called witnesses' well -documented exploits, both in and out of the

But, for reasons of this hearing, Is Judge Fleming a flight risk? No. Does he

present a danger to the community?

Certainly not.

Your Honor, all I ask is that you consider the merits of this case before

denying his liberty.

Mr. Donald is not the kind of person this great country's Department of

should be relying on in its search for truth.

The people certainly deserve better than Bobby Donald.

Defendant will surrender his passport to the clerk of the court.

Bail is set at $25 ,000.

Have you seen where Bobby

went? I didn't notice, no.

And I'll be honest, in the end, it's worth all the trouble, don't you think?

What are you talking about? We got him.

Got him?

You haven't gone to trial.

Well, we probably won't. Most likely Fleming will plead, he'll resign from

bench, he'll serve maybe three years and get probation for two.

Look, Anderson just hung Bobby out to dry in there.

You plead this out, you'll give everyone the impression the feds can't build a

case on Bobby's testimony.

We probably can't.

Then why did you involve him in the first place?

He was our best shot at making this investigation a success.

No matter what the cost? Look, I have to decide if I can win this case.

The clerk's not talking, and Donald simply lacks credibility.

Now, we have limited resources, and I'm not about to spend them on some long,

expensive trial just to see that Fleming winds up in jail. He's off the bench.

He's gone.

That's all that matters. Let me talk to Fleming.

I'll be the good cop. He knows me. There's got to be more there.

Look, it's the least you can do after coming in here and making such a mess.

I don't know the purpose of this. My client maintains his innocence.

We have nothing to offer.

Your Honor, you're not the real target of the government's investigation.

They're simply looking for a way in.

They still need to know how many others were involved in the scheme.

Helen, don't treat me like a child. And let's not waste any time discussing a

scheme. There was no scheme.

If you reveal the attorneys who participated, the Department of Justice

make you a reasonable offer.

Please, consider taking advantage of this. You can help yourself here.

He'll help himself by seeing this through to trial.

Do you honestly expect to prove this beyond a reasonable doubt?

On what basis? Bobby Donald's testimony?

If we could have just another minute, I think we can make some progress here.

Your Honor.

I'm so sorry.

Get him out of here.

I have to consult with my client.

Hey.

I got a call from a friend who sits federal court, so I know what happened.

It's a big deal. About Fleming, of course, but also about Bobby getting

by Anderson.

I came by to see how he's doing.

He's in his office.

He won't talk.

Oh, that's Bobby.

Yeah. That's Bobby.

I should have been at the arraignment, but I've been up to my neck with work,

and Judge Fleming is someone I admired, so I'd respect it.

Bobby didn't want me there.

Did he say that?

Oh, come on, Helen. Bobby can make his point perfectly clear without saying a

word. Lindsay, I hope you know this isn't about Bobby shutting you out.

I think he...

When he's up against his demons, he'd rather battle them alone.

I happen to be along for the ride on this one.

I'm glad you can be there for him.

Donna Young Dolan's right.

Yeah, sure.

Your office.

Hello?

I'll be right over.

Judge Fleming and his attorneys are requesting a meeting.

They're ready to make a deal.

Let me say at the outset, I am still far from convinced you have enough evidence

for conviction.

But to avoid the mud of a media -saturated trial, Judge Fleming may be

to assist your investigation.

Maybe. We're not rolling over here.

Unless the deal is more than fair, the judge is prepared to go to trial.

We have the clerk's testimony.

Continue, Mr. Anderson.

In exchange for Judge Fleming's full cooperation, we expect the government to

drop both the RICO and the Hobbs Act counts. That's the entire federal case.

still have state -based fraud.

Five years.

My client serves three.

Well, that would be a hell of a deal.

For you.

That's what we want.

I'm certainly not committing to that.

In addition, we're prepared to provide detailed records maintained by Judge

Fleming over a period of six years.

The records implicate 15 attorneys.

I suspect we'll be able to work something out.

Is it possible you're deriving satisfaction from all of this, Helen?

No, Your Honor, I am not.

In all the times you've appeared before me, I think you know that I've been an

even -handed, decent, if not humane, jurist.

For nearly 30 years, my job, my charge, has been to make reasoned, dispassionate

decisions.

And that is what I have done.

Always.

Imperfect, I will admit that I may have overstepped my boundaries, but it was

not, as you suggest, Mr. Mitchell, a matter of craven desire.

On those occasions when I was approached for a favor, I would not, did not,

allow a lesser argument to triumph over a better one.

Wrong must never win by technicality.

Now then, I have done nothing illicit. What I did do was expedite cases that

came before me.

If I benefited from such, well then, so be it.

This is not about expediting anything.

Wisdom is justified by her children, Mr. Mitchell. Look at my record.

Listen to what my colleagues have to say about me.

You are in no position to judge. From what I have seen on the bench, ill

-prepared, uncommitted, addled attorneys who fall asleep at trial, who are

unable to prepare an articulate brief, are these the ones best suited to mete

out justice?

I've devoted my life to being a judge.

And though the courtroom be an adversarial arena, I am more than a

More than a linesman.

I am the game.

Well, at any rate, I suppose this gives you great bragging rights with the rest

of the politicos in your office.

Forgive me, Your Honor.

You being here has nothing to do with me or Bobby Donald.

Only thing I have derived from my participation is a profound sadness.

I watched and learned from you, sir.

It appears that chapter is closed.

You have cast out the dirty judge. Justice is restored.

So there it is.

Here's the list of names. No one has reviewed it. Not even my attorney.

Let the bloodbath begin.

Clever.

He was very... It's as if there

was no doubt in his mind this was his way out.

He could have started over.

I think that's probably what frightened him.

Nobody can really start over, can they?

I'm sorry I had to be there.

Yeah.

After it happened, it was a madhouse.

Between the cops and paramedics.

I came right up here and called you.

I didn't know what else to do.

I'm glad you did.

How are you doing?

Today wasn't really a lousy day.

Yeah.

Your wife's worried about you.

She's always worried about me.

You'll be okay tonight?

Yes.

Bobby, in all the confusion before Mitchell took Fleming's file, I had a

to look through it.

I actually removed a folder.

Are you accusing me of something?

Of course not.

This is bogus, Helen.

Fleming was trying to get even, and by the time I clear my name, he will have

succeeded.