Original subtitles

Officer down.

Officer down.

Officer down.

Get on the ground.

Come on, get down.

Get down.

Oh, God, I didn't do anything. Get off of me. Who is he? What's his name? Get

off me. I didn't do anything.

Corner of Columbus and Temple.

I said, who is he? Get the hell off me. I didn't do anything.

I swear to God, I didn't do anything. Shut up.

We're in the alley off of 93rd Street.

How late are you going to stay?

I can't study at home.

How about sleeping at home? It's almost 11 o 'clock.

I'm almost done.

Hello. Hello, yes, I need to speak with Jimmy Blutie.

Mr. Blutie isn't here at the moment. Our office hours... You have to find him.

This is an emergency. Page him. Who are you, sir? My name is Joe Moran. He knows

me. The police are torturing a friend of mine, and I need to get a lawyer down

here right now. Hold on. No, no, no, I can't hold on. They got him in a room,

and he's been shot.

Who's been shot?

My friend.

The police think that he shot a cop.

Now, they got him in a room. We're at Brookford's Hospital. They threw the

doctors out, and now he's screaming. All right, wait, wait, wait. No, no, no,

fine Jimmy Baluti. I'm going to put you on with Jamie Stringer. She is a fine

lawyer, and she's very anxious to speak with you. No, I want Jimmy. Hold on,

sir.

Jamie Stringer, how can I help you?

Just had to fob it off on me. I'm a member of the bar.

Midnight. You were a member of the bar last week to laugh at that Chinese guy.

Keep pacing, Jimmy.

Excuse me, are you Miss Stringer? Joe. Yeah, they have him back here.

They're going to kill him, I swear to God. Well, wait, before... I think he

a cop, but he didn't.

That's him screaming. They got him back there. Are doctors with him? No, it's

just the police.

You can't go in there. Yes, I can. I'm his lawyer. I don't care who you are.

You can make it easier for yourself.

This man is not represented by counsel. You need to leave.

Let's go. Get her out of here.

Get your hands off of me. Get your hands off me.

Now, take these off of me. Shut up.

Move that chair. I don't want to hear her.

Eugene, we have a situation.

She's right through there. They handcuffed her? Yes.

Get the cuffs off now. She's interfering with an investigation.

Get those handcuffs off that woman now or I will make it my mission in life to

bring down your entire department.

Eugene. What the hell's going on here? What's going on is your client shot a

police officer who's now in surgery.

That's a brutality claim?

That's a civil rights criminal violation.

Take the handcuffs off.

Keep her away from us.

We want to see our client. That's not possible.

Your client's currently being questioned.

He asked for his lawyer. Fine, file your motion to suppress, but you're not

going in that room. If he's being denied medical treatment, the doctor said his

injury isn't life -threatening. He's been shot, and those thugs in there are

sticking a flashlight into an open wound.

The next lawyer that goes into that room will be arrested for obstruction of

justice. We have a right to see our client. No, you don't.

We have a right to hold him for 48 hours.

Who's the DA on call?

Don't know.

Mike?

Eugene, your guy shot a cop.

I'm not helping you out here.

Hey.

Hey, I want to see your chief of staff.

I'm the chief of the ER. Your hospital is looking at a lawsuit. Don't lecture

on liability, please.

Police have taken over.

Jimmy, what the hell's going on?

Wait.

Everybody over here now.

Jimmy, talk to this, uh... Moran.

Moran, find out what happened.

Tara, borrow a computer, draft a habeas petition.

Down and dirty. What good will that do? We haven't got a judge.

Mike, who's the duty judge?

Don't know.

Does anybody here know a judge we can call?

Roberta Kittleson. You got a home number?

Yeah. Call her up.

Eleanor, go to the FBI office. Report what's going on here. Tell them a civil

rights crime is being committed and it's ongoing.

We haven't actually stayed

current.

Anybody else know a judge?

How can none of us be friendly with a single judge?

They all know our work.

Look, call Alan.

Maybe he's bribed some judge along the way. Jimmy, get his story.

Eleanor, FBI, let's go.

Another retractor? No.

Get another PT, PTT, and adenogenase as well.

What do we know?

I can't tell.

Seems like it'd take a long time just to get a bullet.

You need something?

Just checking to see what the charges are going to be.

Mike.

He's bleeding out.

More suction.

Give me the thermal saw. We've got to crack this test. Put more tension on

retractor. I need to get in and massage the heart.

Let's push another 5 milligrams.

Here you go. 5 milligrams pushed.

All right. Hold.

Yes. No rhythm. Get a clip.

Continuing massage.

Irrigation. Hold the massage. Let me check the rhythm. All right. Still

No spontaneous respirations.

Nothing? No.

Please don't see any edge.

One more time.

Anything? No.

Asystole. Atropine, intracardial?

No. No.

No.

Todd

came

out first.

He was going to get the car.

And we came out from... The bar.

So as I come out, I hear shots.

I hear shots real close.

And I see Todd take off to, you know, run for cover.

How far away were you?

I don't know.

25 yards or something like that.

So then I see the cops suddenly chasing him. And, you know, I think they see him

running, they must figure that he's, you know, the shooter or something.

Well, if he's innocent, why did he run from the police?

I don't know.

It's a parole violation for him to be out past ten.

Plus, he may have had some drugs on him. So I... Jimmy, he didn't shoot

anybody. I'm telling you. Look, Joe, I know this guy is your friend.

But as your lawyer, if you can help yourself here at all, a police officer

dead. Todd didn't shoot him. Listen to me.

If they make your buddy...

You could be going up on conspiracy.

There's a window of opportunity to help yourself. No, no, he's innocent, man. I

swear, I'm telling the truth.

You got nothing to do with this.

What's going on?

We need to get a court order to get a client out of police custody.

Tara is drafted in a habeas, but we don't have a judge.

Would you be able to find one?

At two in the morning?

Well, it's a little urgent.

Eugene?

I'm told you're looking for the DA on call.

You.

Is there a problem?

Yes, there's a problem. The police are back there coercing a wounded suspect.

A suspect who has a Fifth Amendment right to remain silent. A suspect who

Sixth Amendment right to counsel. A suspect who has a civil right not to be

tortured. All of those rights are currently being trampled on.

Well, certainly any and all evidence obtained in violation of your client's

constitutional rights would not be admissible.

I'll be sure not to introduce it.

Anything else?

I want to see him.

When we're ready.

As I said, it's urgent.

I understand.

They're only screwing up their own case. Why are they doing this?

Maybe they're afraid they don't have a case.

Did you see him fire the gun?

No, I heard the shot and looked up.

But he was the only one there, the only one around.

I need you to look at his face again and confirm that.

Can you do that for me?

Yes.

You're sure?

That's him.

Were you able to get photos?

Photos? No, the police just yanked her right out of the room. We're not even

being allowed access.

Okay.

Thank you.

Okay? What okay? Aren't you going to go down there? No, ma 'am. The procedure

between us and local law enforcement is we don't get involved until either

they've charged your client or released him.

I don't think you understand.

Local law enforcement is committing the crime. The torture is ongoing as we

speak. Until they've completed their investigation, we can't get involved.

You're the FBI.

A man is being tortured.

I can be your friend, Mr. Beck.

I can make these people stop, and I can get you proper treatment.

But for me to help you, you need to help me.

I didn't do it. Todd, we already know you did it.

What we need is to find the gun so it doesn't fall into the wrong hands.

A little cooperation here will go a very long way.

I promise you.

Where's the gun?

I don't know.

I don't know.

You don't have any recording devices in this entire hospital? Believe it or not,

we don't bug the rooms.

Tara, keep dialing our office.

Get as much of this as you can on our answering machine.

Jimmy, I need you to find us a tape recorder or something.

What happened?

They won't intervene.

He wrote up a 302. He filed it and thanked me for reporting it. This is

unbelievable.

Here's the deal.

You give us a statement from Moran that he saw Beck shoot the officer.

We'll then let you see Mr. Beck.

Moran didn't see Beck shoot anybody because Beck didn't shoot anybody.

I'm trying to play nice here. Let me tell you something. No, let me share.

I knew that officer.

Personally. I know his widow.

I know his two children.

Now what have you got to say?

Good heavens, you've woken up whoever he is. What are you doing here?

You don't pick up your phone or answer your bell. Luckily, I remembered where

you hide your key.

Alan! I have an emergency.

What the hell's going on? I'm very sorry, sir.

Judge Pollack?

Hello, sir. I didn't recognize you without your robe.

Alan Shore, I appeared before you in an antitrust matter once. You were

terrific, by the way.

Alan, what in God's name?

I'm not here for sex. You'll be relieved to know I'm sure you're relieved.

We have a client. The police are currently trying to beat a confession

him. The man is wounded and in need of medical attention. It's extremely

exigent. I have a habeas petition.

I just need a signature from either of you, actually.

Are you out of your mind? Marsha, he's 20 years old, bleeding.

And the police won't let the doctor remove the bullet.

Please.

She said no as soon as I mentioned his alleged crime.

I don't know how much more he'll be able to take, but they're going to keep him

in there until he confesses he's going to break.

Does he even know anybody's out here trying to help him? I said I was counsel

before I was hauled out, but I don't know if I registered.

Were you able to talk to him? No.

Mr. Beck is going into surgery to have his shoulder repaired. You people can

speak to him when he comes out, if you'd like.

What did you do to him?

I'm surprised at that question, Eleanor.

Where is Joe Moran?

He's right there.

Joe Moran?

Yes?

You're under arrest for the murder of Officer Peter White. What the hell's

on? Mr. Beck gave us a statement that Mr. Moran here is the shooter.

What are you talking about? That's crazy. Be quiet, Joe. Jimmy, I didn't

anybody. Do not say a word.

I'll see you in custody.

You have the right to remain silent.

Anything you say can and will be used against you in the court of law.

You have the right to an attorney.

You cannot afford an attorney.

Can't we just suppress the statement? Obviously it was coerced. The guy was

tortured. But he's not the one being charged. We can't assert Beck's

constitutional rights to suppress evidence against Moran.

Tarver, when will Beck come out of recovery?

They said 7 a .m. Good.

Eleanor, Jamie, you need to be there. The police know they got reliability

problems on the statement, and they'll probably try to get another one under

less coercive circumstances.

Look, regardless of whose constitutional rights have been violated, can a

statement be quashed if it's given involuntarily?

Good question.

Research that.

We keeping you up?

Yes, actually. It's four in the morning.

Eugene, we probably should try to get some sleep. We have other cases that we

need to be awake for tomorrow. This is the most important case, Eleanor.

I mean, we all went to law school.

The idea that a government agency... They just tortured a man in front of us.

This! It's our most important case.

Why are they making us just sit here like this?

Probably to play with your head a little.

which seems to be working from the looks of you.

My God, man, I still can't believe this is happening.

Look, it's a good sign that they haven't hauled you off to a raiment yet. It

could mean they know their case wobbles. Well, what do they want to talk about?

I don't know.

But whatever goes down here, you say nothing.

You hear me, Joe?

I will do all the talking.

You don't open your mouth. If you need to breathe, do it through your nose.

Great.

It's my signature, but I don't remember saying all that.

You don't remember?

They were sticking stuff into my wound.

I know that's what they were asking me to say.

Whether I said it or not, I don't remember.

I was practically blacking out the whole time.

Okay, well, let's get to the heart of it.

Is this statement true?

No. Joe didn't shoot anybody.

What happened last night?

We came out of a bar, and we heard gunfire.

I got a little freaked, so I started running to my car.

I then saw two cops coming at me.

I had been drinking, and I was out past 10.

I'm on parole, you know.

So I just took off.

I went down a dead -end alley.

I couldn't go nowhere else, so I put my hands up, you know, to surrender.

And they shot me.

What's going to happen to Joe?

I don't know.

But obviously, he's in a little bit of trouble.

Look, he didn't do anything, okay? I'm sorry if I said he did.

I was out of it.

I swear.

Look, we probably need to get you new counsel.

Why?

Joe Moran is a firm client, and we can't represent both of you. Joe and I are

together. Yeah, well, you signed a statement saying that he was the

even if you... I'll take it back.

Ms. Frutt, you people were there last night. You saw what happened to me.

could make us witnesses on any civil claim.

No lawyer who comes in now is going to believe me.

I got a record.

A cop is dead.

My friend is charged.

Look, you saw what went down, or at least you heard.

You know we didn't do this.

Okay, then.

This is my favorite kind of meeting.

The one where I, and only I, talk.

Your job here, Mr. Moran, is to listen closely.

Pretend as if the rest of your life might turn on what I say.

You already know your job, Counsel.

A police officer is dead.

somebody must, of course, go to prison.

At the moment, it appears as if that person will be you.

If, however, you are to sign a statement saying Mr. Beck is the shooter, if you

agree to provide testimony against Mr.

Beck, of course truthful, then we would give you use and transactional immunity.

Your counsel can explain that. In layman's terms, you go free.

Anything short of a statement and testimony, we prosecute you for murder.

I'm going to give you some time to discuss this with Mr. Berluti.

There will be an arraignment at 1 o 'clock.

It'll either be Mr. Beck's...

Or yours.

I should have seen it.

You know what? What the hell is going on?

Here's a crash course in criminal procedure.

If they coerce a confession from Beck, they can't use it against him. It's

unconstitutional. So what they were doing in the room with their torture...

was forcing him to give a statement against you, which they can use against

Now, they come back to you with his statement as leverage to get you to make

statement against Beck, which they can legally use against Beck.

They're doing an end run around the Constitution.

Is this legal? Legal? No.

Tortures against the law.

But is Beck's statement admissible against you?

Yes.

Would your statement be admissible against Beck?

Probably yes.

Look, I'm going to go discuss this with my partners. We'll formulate a plan of

attack. I'll be back in an hour.

Make the deal.

I'm sorry?

If they guarantee that I go free, I'll give them whatever they want.

First of all...

That isn't necessary. They got no real case against you. They have enough to

arraign me in two hours, possibly enough to put me on trial. I mean, that alone

screws me. And second, I can't commit fraud.

You didn't see Beck shoot anybody.

You're his alibi that he didn't shoot the guy.

I was mistaken.

Now that I think back, he did kill that cop.

Joe. You can't do this.

Come on.

I've done prison. I can't go back. I can't. Beck is the guy they're really

after. They're just using you. We don't know that for sure. Even if that's true,

they're still going to try to get me on conspiracy or something else. Listen.

No, no, I can't risk it. They're offering me a chance to go free here.

sorry. Tom Beck is your friend. Who tried to flip me. Because he was

For God's sake, Joe, don't do this.

What do I have to bank on, huh? A fair trial or justice?

I got a glimpse of justice in that hospital room. Five lawyers. You guys

couldn't do anything.

I don't want to hurt Todd, but I got to save myself.

Make the deal.

I won't.

I'm telling you as my attorney. Then I'm withdrawing as your attorney.

I will not commit fraud, especially to help convict an innocent man.

I'm done here.

Jimmy.

I expect our privileged conversations to stay privileged.

Wait just a second. They take a statement that they get as a result of

use it to get another statement that they then use against the guy who was

tortured? How is that not poisonous fruit? Because it isn't. No court has

so. And Moran? He's already hired a new attorney.

They're supposedly cutting a deal as we speak.

Sometimes the only legitimate thing to do is fight fire with fire.

Meaning? Well, I have several professional lady friends. I say we

Walsh on camera and the act of getting fellatio, blackmail him into dropping

charges.

Trust me, it works.

I've settled at least three cases this way.

They've got him.

Well,

gee,

that's good to know.

I guess I better get down there. Hold on.

I'm representing Beck.

Mrs.

White.

I'm Kenneth Walsh.

The district attorney.

We've actually met before.

Yes.

Please accept my sincere condolences.

Your husband was an exceptional man.

An outstanding police officer.

Why was he killed?

Nobody is telling me what happened.

We don't exactly know why yet.

Look.

We've got the guy.

We're about to arraign him. But you don't need to be here for this. Go be

your family. Let me take care of things on this end. I want to see him.

I want to see the face of the man who killed him. I really don't recommend

today.

Look, he's not getting out.

There'll be plenty of time later at his trial.

Let me handle things.

Okay?

Okay.

Case number 72334.

Commonwealth versus Todd Beck.

Charge of murder in the first degree.

Eugene Young, for the defendant, Your Honor, waive reading, file a motion to

dismiss the charges.

And we ask, Your Honor, given the illegal and outrageous conduct of the

and district attorney, we ask that this motion be heard now.

Now? Isn't that jumping the gun slightly?

There is no gun, Your Honor. There is no case.

These charges are being fabricated. They were done so by means... Did we

fabricate the death of Officer Peter White?

Did we? There is no witness. There is no evidence. There is no trace metal or

powder residue to indicate that my client ever fired or even touched a gun.

have a signed statement. Which is the product of torture, the product of...

Whoa, whoa, whoa, whoa.

Mr. Young, you seem a little on the amped side here.

Todd Beck was shot by the police.

He was then put in a room, denied counsel, denied medical treatment, while

police officers stuck a flashlight and other foreign objects into the wound.

They did so for three hours until they coerced him into giving a statement

against Joe Moran. They then used the statement to leverage Mr. Moran against

Todd Beck. Mr.

Moran was, in fact, arrested for this murder at 3 o 'clock. This morning. And

represented by you, by the way. Not anymore. We now represent Mr. Beck.

a conflict of interest. Which pales in the face of torture. All right.

Mr. Walsh, did you coerce a statement from Mr. Beck?

I wasn't in the room, Your Honor, when the statement was given. You heard the

screaming.

He'd been shot.

Mr. Walsh, if you get cute with me, you will not like my finding.

What happened?

Let's assume it happened exactly as Mr. Young says.

So what?

If the police coerced the statement from Mr. Beck, it's not being used here.

We're relying on Mr. Moran's statement. Which you only got by threatening him

with prosecution. Which we do all the time.

Forsaking criminal charges is a negotiating tactic used by every law

agency in the country.

Not every agency commits acts of torture, Mr. Walsh. I don't know for a

that torture was committed, Your Honor.

But once again...

Any statements obtained through that kind of coercion, we would never seek to

introduce. But they are using it. They used a coerced statement to ultimately

get evidence against my client. That's poisonous fruit. According to who?

There's no case law supporting that.

What evidence does the Commonwealth have against the defendant?

The surviving police officer will testify about being shot at.

She'll testify that she saw Mr.

Beck flee the scene.

He ran from the police.

Mr. Moran will testify that his friend was the shooter.

Call me crazy, but that's a case.

Mr. Moran's statement is a lie. That's for a jury to decide, not you. Your

Honor, I realize we live in different times.

The Supreme Court has eroded the exclusionary rule. We have laws called

Patriot Act. We detain suspects for months, even years, without even giving

a hearing. We declare persons of interest. You're getting off track. I'm

track.

I'm on the track.

With each passing day, we're becoming more and more a police state.

We no longer hold dear civil rights. We no longer lay claim to expectations of

privacy. In our new world, we even embrace this loss of freedom so long as

makes us feel safe.

But when police officers commit acts of torture, there comes a point where we as

lawyers, as judges, as guardians of democracy, where we have to say enough.

locked a wounded man in a room.

Your Honor?

Enough.

The fact that he even took it under advisement is a good sign.

For him to consider kicking it at the arraignment stage, obviously their case

looks weak.

I still like my hooker idea.

Eleanor's right.

Even if we go to trial, all they have is Moran's statement, which we can easily

attack. I still don't even know why they're bringing this case, and with

rush. A cop is dead.

Jimmy, there still needs to be evidence, for God's sakes.

I mean, this just doesn't make sense.

The judge is back.

All rise.

Be seated.

I have a 10 -year -old son.

Sometimes I help him with his homework, and with math, he's required to show the

work.

It's too bad we don't require the same of law enforcement.

The police don't have to show their methodology, only the evidence that they

actually introduce.

And if anyone needs proof of the potential for abuse, we need only look

case.

Mr. Walsh, I'm disgusted.

I wish that you had the guts to prosecute the officers involved here.

Clearly, you don't, perhaps because of your own culpability.

To think that my son might grow up in your legacy, it horrifies me.

But, Mr. Young, the evidence being introduced here against your client,

reprehensibly obtained, is technically admissible.

Mr. Moran was not tortured.

His statement, though made under the threat of criminal prosecution, was

voluntary.

It stands.

Your motion for dismissal is denied.

Trial date is set for June the 6th. The defendant is held without bail.

We're adjourned.

Hard fought, Eugene.

I thought you argued well.

For the record, I consider your guy guilty.

For the record?

You tortured him.

Look, Eugene, I don't know exactly what happened on the street the other night,

and neither do you.

Six months.

Six months.

For a cop killer.

We dropped the murder charges. He pleads guilty to unlawful discharge of a

firearm within city limits.

I need a response now.

My response is you'd never offer this if you really thought he was guilty.

You can't find the gun. You have no evidence. You know you'll lose. You want

run the risk of a trial, Eugene?

Fine.

But I'd certainly get your client's input before exposing him to a life

with no parole.

You got a bad shoot, and then you torture an innocent kid to cover your

maintain the shoot was justified.

I'm offering an out, Eugene.

For who?

I've offered your client six months for a Class B misdemeanor. If you feel the

need to reject that, then please do.

But again...

you might want to run it by the client.

Beck took the deal.

He had to, Eugene.

He couldn't risk a murder trial.

And as weak as their case was, he had to.

No argument.

You okay?

Of everything that happened in the last 24 hours, the most frightening to me

is the look of futility in your eyes.

Eugene, people like you, they can't give up.

Most people don't want to live in a police state. Most people still believe

civil liberties and human rights are more important than just rounding up bad

guys.

And with the erosion of our basic human rights and everything else that is going

on in this country, what most people need right now, desperately need,

is for men like you, not.