All language subtitles for Judgment.In.Berlin.1988.720p.BluRay.x264.AAC-[YTS.BZ]

My dear parents, I pray that by the time
you receive this letter, I shall have

attained my last dream.

To cross beyond the watchtower and wall
outside my window to the life enjoyed by

the majority of people in the world.

A life in which one can choose where and
how to live.

And though it hurts me to know that I
may never see you again,

A faith that I know you share.

I ask you to forgive me and understand
that I must be with my children in the

West.

Poland. Why Poland?

Because you can go there legally.

No one will recognize you. You go with
your own IDs.

You go on vacation, you want to visit
the museum, whatever, no problem.

And then you join them.

In two days, as the rest of Germany can
travel as I please, I decide to take a

vacation. I meet you in Gdansk, give you
the false papers and IDs, and you...

Bought the ship that takes you to
Hamburg the brain What is it?

It seems not so possible

I'm frightened if Marina goes no, sorry

Think positive.

Yeah positive When Hans asked me to go
with you I jumped at a chance It's a

plan

Hans, you and Marina have a life to
live, a free life.

And I?

My boys are there and I'm here.

My God.

I'll never see them again unless we try
this.

It's our only chance.

Oh, yeah.

like a turkey.

See you tomorrow in Poland.

let me go

look

foreign foreign

Hello. Hi.

Ladies and gentlemen, Captain Wisniewski
informs you that we have started our

descent towards... Remember, you have
nothing to do with...

And say nothing about us. Nothing.

The temperature imbalance is... Thank
you.

Can I help you, sir?

No, thank you.

What? Quiet. I don't need that audio.

This is Berlin U .S. Military Airport.

Flight 165, we have been advised by
Universal Airport in Berlin of your

emergency. Do you confirm?

That's confirmed.

Ring up the crash control. We have a
radar on a possible hijack. We call for

emergency diversion.

Lot 165, check wheels down, wind 250.

0F5, cleared to land, rolling.

Feel free.

On 165, this is transit control.

Hold your position. Shut down your
engine.

Open the hatch.

Ask him again.

Did he hear anything or did he see
anything?

What about the woman?

Sigrid Radke and her daughter were
traveling with her. You mean to tell me

didn't know what was going on?

She has nothing to do with it. I told
you before.

I did it by myself. I did it for myself.

Don't be a fool, Gunther.

This is what I always wanted for you.

Mama, how can I stay here?

When you was here for Jake.

Oh, no, no.

You don't worry about me.

Take care of your family.

I can't talk, Ma.

West Berlin, Saturday, with 63
passengers and eight crew members

peacefully when the armed air pirate
Helmut Thiel, an East German waiter,

surrendered to American authorities at
Temple House, the United States military

airfield here.

The hijacker, who was disarmed by U .S.
Air Force personnel, was taken into

American custody along with a woman and
a child in his company.

U .S. officials said eight other
passengers, all East Germans, asked for

and were turned over to West Berlin
refugees.

We are so lucky.

I am able to express

my feelings now without fear.

First me was happiness.

I pray that you will see this letter and
smile for me.

I'm sorry to interrupt you. It just
looks like you're having so much fun.

we enjoyed the new present very much.
Thank you for coming out. I thought it

might be kind of a pain this way if you
learned some English.

How are you today, Marina?

Good morning. Good morning.

More books?

No, no books today, but I did bring you
some chocolate.

Thank you.

You're welcome.

It's all right, dear. I have something
for you, too.

Oh, you brought me some books.

A short statement when prepared.

A formality. A release.

I can't believe it.

Why now, after so long?

Sigrid, we trust you. We believe you.

Mr. Leufer will be taking you to a West
Berlin refugee center.

They'll give you identification papers,
money.

They'll help you find a job, a place to
live.

What's about Helmut?

Well, not yet.

With Helmut, it's a little bit more
complicated.

On behalf of my daughter, Marina
Ratzke...

I hereby release and forever discharge
the United States government.

We are all signatories to the
international accord against hijacking,

West Germany, for God's sake. And that
agreement requires prosecution or

extradition back to the East to face
prosecution there. And it's political

suicide for the West Germans to do
either.

What the hell are they putting their
coffee around here?

So Bonn wants out.

You bet they want out. We are in one
hell of a bind.

We have to prosecute.

State has a mess, and justice must clean
it up.

Courtroom. Yes.

And Bond is paying for every nail.

I mean, they're paying us to prosecute
the case for them.

But, uh, what we need is a reliable
judge.

As, uh, director of foreign litigation,
maybe you could help us find one.

According to this report, there was a
judge.

Yeah, well, he bailed out.

Left us holding the bag with three
defendants in the bag.

They've been in custody for months. Now
the East is demanding either their heads

or their bodies. And we have to deliver
something if we want them to protect our

civil aviation from other such
excursions. To Cuba, for instance. Yeah,

yeah. You said reliable.

You know what I mean, Bruno, huh? A
tough, no -nonsense judge, possibly a

prosecutor. Look, we need this thing
over with, one, two, three.

Does anybody spring to mind?

Morning, Jack.

Bruno, welcome aboard.

Can you take your shoes off?

I remembered.

I'll be right with you.

Born on the 4th of July.

I've got a Yankee Doodle sleeper.

She is my Yankee Doodle pal.

Yankee Doodle went to London just to
ride the pony. I am that Yankee Doodle

I'm a Yankee Doodle man.

Oh,

my. Marshall would love this. I didn't
realize the Justice Department had a

service. Thank you, Bruno.

It would appear, esteemed judge, that
you're the one who's been cleaning up

mayors and... Eight.

Well, who's counting?

What is it, a couple of state
secretaries, two state treasurers?

Extortion, bribery, fraud.

You should have had a sign over your
door. Abandon hope, all who litigate

You're not such a bad prosecutor. Do you
miss it?

What do you think?

They've been in the custody of the
United States that long without a trial

hearing? The man still is. The woman and
the child were released due to lack of

evidence to find the city of West
Berlin.

The city of what?

History.

You know, since the Iron Curtain, no one
has ever stood trial for escaping from

the East.

But hijacking is different.

Now we're talking about international
treaty agreements, which, by the way, we

have just signed, and all of the
international attention, so no one wants

day in court.

We certainly don't, and we occupy West
Berlin.

The West Germans don't want it.

So it's heads we lose, tails you win.

So why don't they do that? Just toss a
coin?

They did. We won. We did?

The Chancellery has had a very
persuasive influence on the White House.

This will be the first such United
States court for Berlin. All the

will be American.

That's for the lawyers and the judge.

And you call that winning the toss?

Of course, esteemed judge. We have you.

You've become an Article II judge with
full diplomatic passport.

This could mean a better shot at the
Supreme Court.

How much time, you figure?

No time at all.

Case is open and shut. This man, Helmut
Thielez, his name, confessed to

everything. He's quite candid in his
statement, held back nothing. He's proud

it. Glad to be locked up.

Are our prisons so much better than
their street?

I want to discuss it with Marsha before
I agree, but there'll be no plea

bargaining. You know how I feel about
that.

Do I know how you stand on that? Wait,
you'll fall. This is all we've heard in

law school.

How does it go?

Accept plea.

Only if the scope of the punishment
afforded under the plea is adequate to

the nature of the crime.

Never mind a drug and an event.

What did Bruno say?

He said he sorry he missed you.

That's very sweet.

What did the man say?

It's an open and shut case. Shouldn't
take any time at all. Could be like a

second honeymoon for us, love. He said
the weather in Berlin is beautiful this

time of the year. I think it's very
beautiful right here in New Jersey. Ah,

do you know?

You've already made your mind up,
haven't you?

Yes, I have.

Why?

If it's an open and shut case, where's
the challenge?

This could mean a lot to me, Marsha. Oh,
Herbert, Herbert, your ambition is

shown.

Good God, you're 42 years old and a
federal judge. What more do you want?

It's good enough for me.

You think I don't know that?

Well, I don't believe it.

A Jewish judge in Berlin.

Oh, what's that got to do with it? God,
Herbert, we don't have a single relative

left alive in Europe. We don't even have
a grave to visit.

How can you be impartial? Maybe that's
the challenge, Marsha.

Can I be a fair judge anywhere, under
any circumstances, here, on the moon, or

in Germany?

There's no other way.

drive a taxi?

Yeah, a taxi.

I don't understand why

you bring me here in such a way.

See, I brought you here because I have
to share some information with you.

I'm sorry.

I had a very interesting visit this
morning from a Maria Schuster.

Ex -wife of a certain Hans Schuster.

She says her husband is being held
captive in East Germany because of

woman.

You.

Now I understand it all.

You've kept silent these last three
months so as not to jeopardize Hans

Schuster's position.

Siegfried, you cannot protect him.

Nor can your silence help him.

He is in jail in East Germany and
there's nothing we can do about it.

Cigarette? Russian?

No, French.

Foreign ministry.

Yuri Davidovich Andreev.

Assistant to the First Secretary for
Security.

International Department of the Party
Central Committee.

I'm flattered.

Ladies, gentlemen, comrades.

Must think me very important to run to
the long apron strings of Mother Russia.

These forgeries are remarkable.

Are you in the business of arranging
defections?

My name is Hans Schuster.

I'm an electrical engineer employed by a
construction firm that does business on

both sides of the wall.

I met Sigrid Radke in February of 1977.

We fell in love.

The fact that we lived in two different
worlds was an inconvenience I thought to

overcome. I was the secure for Sigrid
and her daughter.

counterfeit West German ID passes,
rendezvous with them in Poland, where,

to the false IDs, we would all board a
ship bound for Rome and the free world.

Obviously, my plan failed.

And Helmut Thiele?

A waiter.

A friend of Siegfried's.

He has children in the West, I believe.

You do that very well.

This week, I've practiced the payoff.

Mother Russia believes you. Then I don't
understand.

Why the waiting?

Try me.

Try me for the crimes to which I
confess.

Get it over with. I would like that.

I believe you had nothing to do with the
hijacking.

What hijacking? The Polish airliner. The
one they forced to take them to West

Berlin. My God.

They are free?

Your friends are not free.

At this moment, they are in prison like
you, waiting to go on trial.

That can't be true.

No one has ever been tried in the West
for escaping from the East.

Correct. The Americans will do it for
us. The Americans? They will be the

That's impossible.

Oh, no.

In all fairness to the free world, we
shall let the American court establish

your sentence and their trial.

We shall be watching very carefully.

The war, Herr Schuster.

It's four meters high and 160 kilometers
long.

You are in the construction business.
You know how... You know how expensive

that can be.

Now, one of my duties is to make sure
all that money doesn't go to waste.

In that sense, I too am in the
construction business.

But if you are, in fact, in the
profession of engineering escapes, then

stay here will be indefinite.

Please believe, there's nothing personal
in what I tell you.

And I know what a man will do for love.

But the laws belong.

I think Marsha was right.

About what?

A Jewish judge in Berlin.

Somehow it doesn't sit well. The
legacy's all wrong.

Legacy, shmagacy.

Judges are judges and judge, Poe Berlin.

That's it.

I don't envy the defense here.

How can any lawyer defend a skyjacking?

Do you have a list of the players?

Do the best for the man.

Well, you'd be especially interested in
the choice of the woman's counselor.

Bernie Hillary?

Six weeks they had Rotke and the girl.

Six weeks with Heller working on them
day in and day out every day. And he got

nothing. Yet the moment Rotke is
released, she comes bouncing back, eager

turn herself in with a carbon copy of
Cheely's Confession on her lips, right?

Right. And we're supposed to believe it,
right?

Why? Because she confessed.

Oh, shit.

This is not a free -flowing confession.
It's too hard. It's too constructive.

There's got to have been more said.

Questions, answers, comments, small
talk, something, anything.

Now, what about the other passengers?
Did they say anything? Hear anything?

No, nothing.

And even if they had, they wouldn't say
anything to help us. I mean, they only

have relatives in the East.

Frau Becker, do you think you could get
hold of a copy of the full

transcript of Sigurd's interview with
Heller?

I'll see what I can do.

Good girl. Thank you.

All rise.

God save the United States and this
honorable court.

You may be seated.

May I, Your Honor, for the record,
introduce the counsellors for both

Representing the prosecution is the
United States Attorney for Berlin, Mr.

Palmer, Mr. Alan Sherman, the Special
Prosecutor for the United States Court

Berlin.

Representing the defendant, Mr.

Elmer Thiele, Mr.

Judah Best.

Representing Ms. Sigrid Radke, Mr.
Bernard Hellring, and German counsel for

defendants, Ms. Kim Beckett.

Thank you, Mr. Ristow.

I want to emphasize that the purpose of
this preliminary hearing is not to

determine the guilt or innocence of
either accused, but solely to determine

the United States, which has been called
upon to exercise jurisdiction in

connection with this matter, can find
probable cause to believe that one or

of the defendants has committed a crime,
in which case the accused will be held

over for a full trial. Is that clear?

Now then, Mr. Sherman, I understand a
complaint has been filed against each of

these defendants. That is correct, Your
Honor. Would you please inform the court

of the charges?

Your Honor, the defendants Helmut Thiele
and Sigrid Radke have been charged with

the following four counts in violation
of the West German Penal Code.

First, hijacking an airplane.

Second, taking a hostage to wit the lot
stewardess. Third, depriving the

passengers of that plane of their
liberty. And fourth, doing bodily harm

another to wit the stewardess.

Besides that, Your Honor, defendant
Thiele has been charged with the fifth

count, possession of a firearm without a
license.

Are you prepared to demonstrate there is
probable cause to hold the defendants

on these charges? I am, Your Honor. Very
well. You may call your first witness.

Colonel Patrick Heller.

Colonel Heller, can you tell us what
your investigation has shown regarding

happened on the plane before it landed?
The airplane was located approximately

15 minutes from Schoenerville Airport in
East Berlin, when, according to his

confession, Helmut Thiel made his way to
the galley, grasped the hair of the

stewardess, Beata Lavendowska, placed
the pistol to her head, and forced her

the floor of the aircraft.

He then told the crew that if they did
not land in Temple of Airport, he would

shoot the stewardess.

Colonel Heller, isn't it true that from
August the 30th to September the 10th,

1978, Sigrid Rottke was held against her
will and without benefit of counsel...

Object, Your Honor. That is the material
to the statement made on November 28th,

when she came in voluntarily to set the
record straight.

Sustained. Mr. Hellring, you will please
confine your questioning to the

statement of November 28th.

Now, isn't it true, Colonel, that the
only shred of evidence you have against

Mrs. Rottke is her own statement, since
none of the passengers on the airplane

actually saw her doing it? Object, Your
Honor.

Mr. Hellring is leading the witness.
Your Honor, every single passenger on

plane was interrogated. I think the
question demands an answer. I agree.

Overruled. Please continue, Mr. Hover.
Thank you, sir.

I'll repeat the question.

Isn't it true that the only evidence you
have against Mrs. Rotke is her own

statement?

Yes, I would say that. And isn't it also
true that Mrs. Rotke told you that she

had begged Mr. Teeley not to go through
with the hijacking and that actually she

attempted to prevent it?

Objection, Your Honor.

Overruled. The witness will please
answer that question.

She did say that.

Your Honor, what Sigrid Radke may or may
not have said to Thiele on that plane

doesn't matter.

The point is she did use her own
daughter to smuggle a gun on board, and

hand that gun to Thiele. And then she
did nothing whatsoever to warn the

captain, the crew, or the passengers
that a hijacking, a hijacking was about

take place.

I'm inclined to agree with you, Mr.
Sherman, but whether or not Mrs. Radke

attempted to withdraw from the scheme is
a matter to be decided at a trial, not

at this preliminary hearing.

Anything further, Mr. Elring?

No, Your Honor.

Nothing further.

Does the government wish to re -examine?

Not at this time, Your Honor. Very well.
The witness may step down.

Ladies and gentlemen, at this time, the
court rules that there is probable

cause... Excuse me, Your Honor.

Mr. Best?

Yes, Your Honor.

I've been advised by my colleague, Frau
Becker, that... There is here in Berlin

a perfectly valid constitution, very
similar to our own, similar in its

protection of individual rights, but it
doesn't provide for the specific

elements of due process as we understand
them, in particular the right to a

trial by jury.

My client would like to know at this
time if he will have a trial before his

peers, citizens of Berlin, as guaranteed
by the American Constitution.

Mr. Best, I can only assure you as a
federal judge that your alarm... Your

Honor, excuse me. I believe Mr.

Palmer would like to respond to that
now. Mr. Palmer.

May I approach the bench, Your Honor?
You may.

Mr. Best.

I'm sure Your Honor will appreciate the
reluctance with which we approach this

complex. question at this time but i do
not believe that we are actually bound

by law to extend those rights mr

united states attorney it is the
farthest thing from my mind to embarrass

your client but all of us not just in
defense but all of us the council the

court the people are entitled to know
the limits of this court's authority

honor excuse me mr palmer Is it the
government's position that the

of the United States applies here fully
or something less?

We are not prepared to give a definitive
position on that issue, sir. And we

would argue in American court...
Gentlemen, we are not having argument on

today. Be seated, please.

We will next...

Proceed to arraign the defendants and
reconvene here next Monday morning to

a firm date for trial.

Adjourned.

Open and shut gates.

It's a cake.

Shouldn't take any time at all.

Right, Bruno?

I'll provide the entertainment from here
on.

Hey, that's my thing.

Greatest legs.

Second greatest legs in the world.

I don't hear anything.

Oh, from continent to continent, some
things never change.

Hello.

Yeah, Bruno, what's up?

What the hell do you mean, no jury
trial?

The United States authority in Berlin is
derived from rights of conquest, not

the consent of the governed. So, in
other words, the citizens of West Berlin

have no rights at all.

The United States court for Berlin is an
instrument of the occupation policy of

the United States. The decision whether
to grant a jury trial is a political and

not a judicial question.

Don't look at me, Judge. I didn't write
it. So who did write it? Adolf Hitler?

The decision whether to grant a jury
trial is a political...

and not a judicial question.

This, as I understand it, Your Honor, is
the position of these prosecutors for

the United States of America.

I have been able to find only one legal
precedent for their position, Your

Honor. It is the case called Cat vs.

Mouse from a foreign jurisdiction from
the casebook.

called Alice's Adventures in Wonderland.

A cat named Fury said to a mouse that he
met in the house, let us both go to

law. I will prosecute you.

Come, I'll take no denial. We must have
the trial, for really this morning I

have nothing to do.

Said the mouse to the cur, such a trial,
dear sir, with no jury or judge would

be wasting our breath. I'll be the
judge.

I'll be the jury, said the cunning old
fury. I'll try the whole cause and

condemn you to death.

What a shame that I should even have to
rise to

respond to such a position on behalf of
our country.

A position written by people somewhere
in some foggy bottom with some pretty

foggy heads.

I ask the court to rule, Your Honor, not
just for our clients, but for the honor

of our country, that these fugitives
from another social system be at least

entitled to due process of the law in
this American court.

We do not understand the confusion on
the part of the defense over this

Your Honor. Well, this court is a little
confused, too, Mr. Palmer.

This court... This court... sits in
conquered territory.

It is an occupational court.

Therefore, it stands to reason that it
is an instrument of American foreign

policy. It cannot, by definition,
independently decide anything.

So, in other words, this court must
follow the directives of the U .S.

of State. In other words, my job here is
to simply obey. I have nothing to

decide. Not on the question of the jury
trial, no.

Are you telling me that the Constitution
of the United States does not apply in

this court?

It is our position that we're not
restricted by the United States

in these proceedings. That is correct.

Have you ever heard anyone say that to
any judge in an American courtroom

anywhere? I have not.

Two U .S. government prosecutors, one a
black and the other a Jew, and they

sound like a couple of goddamn Nazis.

Do they really expect me to do the same
thing that Nuremberg prosecuted all

those German judges for doing here 45
years ago? You heard him, Bruno.

They want me to be a good little boy and
follow the Führer's orders and rule

that defendants in my court are no more
than a mere extension of foreign policy.

They want me to become a goddamn Nazi
judge.

Well, they can go to hell first. You
know what I'm going to do?

I'm going to do what those German judges
should have done in 1934.

I'm going to resign. They can get
somebody else to do their dirty work.

Herb, listen.

If a jury of Berliners has brought in a
judge case in which the United States is

a litigant, then the conquered are
judging the conquerors.

And our status as an occupying power is
at an end.

And Berlin is a free city.

And then the yogurt hits the fan.

Because the Russians will be here the
next day.

Now, all I am saying is that this is not
good guys and bad guys. This is the

state.

And Mrs. Palmer and Sherman are in the
very unenviable position of representing

the state in what seems to be an
inhumane policy.

You work for the state, Bruno. How do
you stand?

In this instance, I support the decision
of the court.

And that decision is mine alone.

Some honeymoon.

Weather in Berlin is beautiful this time
of year.

I'm sorry. I'm just trying to understand
what drives me.

What the hell is it?

Look at this.

My God, that actually happened.

You know, 70 people have been killed and
more than 3 ,000 arrested trying to

cross that God -forsaken wall.

And now I have to sit and judge around
two that made it.

How the hell can I do that?

Especially with the State Department
breathing down my neck, telling me

no right to a jury trial.

Herbert, you have made your point.

This case isn't just a challenge
anymore. It has gone so far beyond that,

I'm getting scared now.

Why don't you let somebody else finish
it and resign?

Don't think I'm not seriously
considering resigning, but I have to

What would have happened if Earl Warren
had stopped defending the Constitution

before schools in the South were
integrated?

And what if judges like Frank Johnson of
Alabama and Bob Mirage of Virginia

hadn't fought for equal rights? They
even firebombed Mirage's house, and he's

still held firm.

Who the hell am I to walk away when the
Constitution's in jeopardy? Oh, come off

it, Don Quixote. Those guys were
fighting for civil rights.

You're risking our entire future here
for a couple of Germans.

So that's it.

You want me to take out the Holocaust on
them? Bullshit. That is not the point

at all. Yes, ma 'am. That is not the
point. Yes, that is the point, Marsha.

You want me to bury these people to make
up for all our graveless relatives.

Well, let me tell you something.

My sole responsibility here is to uphold
my oath to the Constitution and not to

any government policies or personal
causes.

Please approach the bench.

Sir, this court rejects out of hand any
notion that these defendants have no

rights here, and unless and until a
different United States judge for Berlin

presides here, the Constitution will
remain in full force in effect.

I'm calling your bluff, Mr. Palmer.

If the occupational authorities do not
bring a jury of Berliners into this

courtroom, I'm going to be forced to set
these people free.

You know, I always thought it would be
different here in the West, but Hans was

always optimistic.

It is different here.

It's not perfect, but at least we can
try to make our system work.

Countries don't care who they're hurt.

What is the difference between one
system and the other when we have

I'm sorry.

I'm sorry. I know you.

You're really... Very good, Manny.
You're trying to do everything for

me. Please, Sigrid, let me do it. Let me
show how you were tricked into making

your confession.

No.

Don't you see that these Russians are
here? They're in court. They see

everything. They listen, they watch,
they see.

There's no hope for Hans if they know
how he helped us. Look, it's bound to

out sooner or later.

Okay, but not through me.

It's our only defense, Sigrid.

Then I have no defense.

Don't you see that I'd rather go to jail
for four or five or some more years

than to hurt him? I please you, respect
that. Don't know that it's four or five

years. We could be looking at a sentence
of 15 years.

It doesn't matter. Oh, for God's sake.

Save me from stupid self -sacrifice.

Tell me something secret.

Will your sense of honor and virtue feed
your daughter? Will it put a roof over

her head? Will it keep her company for
15 years?

Will Hans want you to do that?

How accurate are they?

Surprisingly accurate, I'd say.

Especially regarding this particular
trial.

So I can believe that Ikrit has not so
far brought up my name.

That silence may be an attempt to
protect me.

That's an act of love I can't accept.

She must tell them. And you think that
set you free?

No. I'm worried for her.

I'm worried for the child.

But you wouldn't understand that, I
think.

Really? You are too pragmatic, you
people.

From each according to his ability to
each according to his need.

Sounds so simple.

Beautiful.

But where in that capital does it speak
of love?

I'm not sure what Karl Marx had in mind,
but I know this isn't what God

intended.

God talks to you?

No.

I just feel with him.

Perhaps we have more in common than you
know.

Then help me.

I have written a letter for her.

You can read it if you wish.

It asked her to tell the truth.

To save herself.

Nothing more.

I cannot do that, Herr Schuster.

I'll tell you who supplied me.

With the passport, the papers, the
forgeries, everything.

Herr Schuster, how do you think we found
you?

Now, Mr. Hellring.

I understand that you wish to have the
statement of November 28th suppressed.

Is this true?

Yes, it is, Your Honor. Very well. I
will hear your argument, sir, but I hope

is possible for you to accommodate the
sensibilities of this court, or perhaps

more accurately, this judge.

Your Honor, you will forgive me if I
don't quite comprehend your meaning?

shall be even and direct, sir. I hope
there will be no more long and flowery

speeches, Mr. Elring, just simple
declarative sentences, okay?

Your Honor, I will attempt, with the
greatest difficulty, to control my use

the language that I love. A language
that embellishes the law with great

Let us get on with it, please.

I'll try, Your Honor. Thank you, Mr.
Helring. Now then, why do you wish to

the statement suppressed?

Your Honor, I have in this hand a
statement, a confession.

And in the other hand... And in the
other hand...

I have a transcript of that same
confession, but including the leading

coercive questions concocted by the
interrogators. Please remember your

to the court, Mr. Hellring.

Now then, are you telling me that that
statement was not freely given, that

Radka did not come in voluntarily to
clear the air, as Mr. Sherman assured

court? Take note, Your Honor, of how
simple and declarative I can be.

Yes.

Objection, Your Honor.

Overruled, Mr. Sherman. How dare Mr.
Hellring... Mr. Sherman, you are

Please sit down.

Who presided over this interrogation?
Colonel Patrick J. Heller, Your Honor.

Hellring, that transcript must be
produced and marked into evidence.

Oh, but... Your Honor, I'm afraid I
cannot.

My client... Mr. Hellring. No, Your
Honor, I think it would be

Mr. Hellring, I order you to show me
that transcript now.

No, but... Excuse me for a moment, Your
Honor.

Secret. I'm sorry, but there's nothing I
can do. The judge has ordered me.

Madam, I'm compelled to inform you,
regretfully, of course, that even if you

continue to sacrifice yourself, there
can be no guarantee that the information

contained in this transcript will not be
revealed during Mr. Tila's part of the

trial. Do you clearly understand this?

Yes.

Very well.

Mr. Hellring, you may re -examine the
witness.

Now, when Mrs. Votke was in custody, did
she correspond with the outside world?

Yes, I believe she wrote some letters.

You believe?

In fact, you had copies made of each and
every one of them. Isn't that true?

Objection, Your Honor. If your objection
is valid, Mr. Palmer, you have nothing

to fear from this question. Please
answer it, Colonel. Yes, I did. You had

copies made of her letters?

Yes, sir. With her approval?

She knew I was going to be reading her
mail. She didn't know I'd be making

copies. On whose orders?

I was instructed by Mr. Palmer to review
all her mail.

Why? We were afraid she would reveal her
location.

You mean she was not permitted to tell
anybody where she was being kept? We

her location a secret for her own
security, sir. You mean you felt she was

danger here in Tempelhof, a U .S.
military base?

Yes, sir. Danger from whom? From the
East Germans, sir.

Please continue, Mr. Hellring. I have
here a page from the transcript of your

November the 28th interrogation of Mrs.
Rotke. What page is that, Mr. Hellring?

Page 13, Your Honor. Thank you.

This is you speaking.

We understand what you went through when
the papers did not come. You thought

that Hans had been arrested and the
hijacking.

The hijacking is not such a bad thing.

Now, when you said this, were you trying
to persuade her or induce her to

confess? My motive was to instruct her
as to what information we had about Mr.

Schuster. Excuse me, Colonel.

Mrs. Bauer, I want that last question
repeated, please. Now, Colonel, I want

to listen very carefully to that
question before you answer again.

When you made this statement, were you
trying to persuade her or induce her to

confess? Colonel, do you now, under
oath, read those words as an inducement?

I'm afraid I can't hear you, Colonel.
Would you mind speaking up? I said yes.

Yes, I do.

I shouldn't have used those words. It
was a poor choice of words on my part.

And do you now find this sort of
inducement consistent with the duties of

officer of the U .S. Department of
Defense?

No.

No more questions, Your Honor.

Thank you, Colonel. You may step down.

I find it to be a fact that the United
States held a defendant, Mrs. Radko,

because they suspected that she was in
league with a defendant, Mr. Tila.

And I find that without enough evidence
to formally charge her, they nonetheless

continue to hold her and her child in
illegal custody.

This court also finds that defendant
Mrs.

Radka was unlawfully and
unconstitutionally induced by Colonel

give statements that she explicitly did
not wish to give.

Accordingly, the court rules that the
statement given on November 28, 1973 may

not be used in evidence against the
defendant.

and that it must be suppressed.

If the prosecution can make a case
against Mrs. Radka without her

it do so.

If not, the case against her will be
dismissed and all restraints upon her

freedom will be discharged.

Your Honor.

Yes, Mr. Palmer, what is your pleasure?

While the United States occupation
authorities believe that the court's

and opinion regarding the defendant's
constitutional right to a trial by jury

are not correct as a matter of law, they
nevertheless want to move these

proceedings to a resolution, and they
will therefore endeavor to give effect

the court's order.

Responding with one simple word, Mr.
Palmer, do these defendants get a trial

jury?

pretty self -satisfied, aren't you?

Yep.

A little smug, maybe?

Yep.

You went all along, didn't you?

Nope.

Can you say anything but yep or nope?

Nope. Yep.

Terrific. I married to Gary Cooper.

Nope.

Spencer Tracy.

We are reconvened to hear a pretrial
motion to dismiss the case against Mrs.

Radka.

Your Honor, at this time, the United
States wishes to dismiss its case

Sigrid Radka.

Mr. Palmer, I think she needs much more
than that, sir.

Are you prepared to use your
occupational authority to forbid the

from pressing any further charges
against her?

Yes. Then the motion is granted.

Mr. Hellring. Yes.

Case against your client is dismissed.

Thank you, sir.

An update on the Kempelhoff hijack
trial.

Following the acquittal of Sigrid Radka,
her attorney, Bernard Hellring, has

announced he'll stay on his T -list
defense.

We Russians have no heritage of common
law with its hapist corpus, nor

historical traditions of.

Public political debate.

Power is power, quite simply.

And a trial is nothing more than
anarchy.

This judge, this man Stern, why is he so
ungovernable?

This judge has a distorted sense of what
serves the best interests of the United

States, sir. Not just the United States.
My government is worried, Mr. Wilde.

Worried enough to have put me on a
plane. And before I embark once again, I

expect to have found a solution that
will dissuade others from hijacking

or other subjects of terrorism.

Thiele must be sentenced to a time in
jail. That's very important. The record

must show his crime was indeed a crime.
Even if I were to agree with you, Mr.

Andreev, there is nothing I can do to
force the decision of a jury.

What in the name of God is happening
here?

You said you wanted 500 prospective
jurors, Judge.

Yes, this is them.

These are Russian soldiers, I think.
They sure are. What are they doing here?

Waiting for us to strangle in our own
contradictions. Steve, what the hell are

these Russian soldiers doing here?

They're here to intimidate the jurists,
I imagine. Well, can't you do anything

about that? No, sir. Why not?

Because if we continue to believe that
we have the right to cross into East

Berlin any time we want, then I can't
stop them from coming.

Now, you want more cops here? No, for
God's sakes, no more bodies. Just get

everybody inside.

All right, everyone in. Let's go.

Is this working? Yeah.

Ladies and gentlemen, welcome to the
United States Court for Berlin.

Meine Damen und Herren, herzlich
willkommen im Gerichtshof der

Staaten von Amerika in Berlin.

Under our system of justice, a jury and
a jury alone has the power to decide

what has been proven and what has not
been proven in a court of law. Only

people who are chosen jurors, the 12 men
and women randomly selected from the

community, will have the right to decide
the facts of this case.

And based upon those facts, determine
the guilt or innocence of the accused.

Ladies and gentlemen of the jury, we are
here so that you can determine the

guilt or innocence of a man.

Now, is this a man with criminal intent?

Is this a man who could steal?

Who would kill?

Now, what kind of a man is Helmut
Alexander Thiele?

You realize the Polish crew, the pilots,
stewardess, they'll all testify.

Yes, it's good.

They will tell the truth.

I didn't come to West Berlin to give the
kind of false confession they take in

the East.

I want to try the judge that I could
have.

I want to be judged by my own people.

He was standing over her.

The stewardess, you mean?

Yes, Beata Lewandowska.

He was holding her by the hair with one
hand, and in his other hand he was

holding a pistol at her head.

And what did he do then? He demanded
that we land in West Berlin. If his

are not fulfilled, he will shoot Beata
Lewandowska. Captain, can you in this

courtroom see the man who held the
pistol to Beata Lewandowska's head?

He is there.

Let the record show, Your Honor, that
the witness has identified Helmut

Very well.

Go on, Captain. What did you do then?

First, I began to analyze the situation.

Then I decided to fulfill the request.

The demand to land at Tempelhof.

And, Captain, why didn't you land at
Schönefeld anyway, as you were scheduled

do?

Nobody gave me, nor can give me, neither
a moral right nor a written law.

authorizing me to risk the health and
life of passengers entrusted to me. Of

course, Captain.

At the moment, I felt a sharp jerk.

Somebody pulled me by the hair.

I felt something, some hard object being
pressed very firmly to the back of my

head, so I couldn't move.

And what did you hear?

I heard the man demand that we fly to
West Berlin.

He said also that I shouldn't move. If I
move, he will kill me. And unless the

crew does as he says, he will kill me
too. And where was the gun?

Pointed at the back of my head the whole
time until we landed.

And this gun that was pointed at the
back of your head for those interminable

moments, do you know what gun it was?
What sort of gun it was?

I don't know.

I couldn't see the gun. He was holding
it to the back of my head.

And tell me, how did that make you feel?

I was... I was terrified.

Miss Lewandowsky, you said that Mr.
Thiele held you by the hair while he

gun pressed against your head.

Now, was this the whole time?

Yes, it was the whole time. Until you
landed at Tempelhof, right?

Yes, that is right. And where was Mr.
Thiele standing?

He was standing behind me.

Behind you? Behind me.

Mr. Best, would you mind, please? Thank
you very much. Your Honor, if it would

not offend the court, may I... Yes, of
course, Mr. Allen. Thank you, sir.

Like this?

Is this the way he held you?

Yes, it was like this. Yes, and during
this time, were you smoking a cigarette?

Yes, I did.

Yes, whose cigarette?

Mr. Thiele's cigarette. He didn't allow
us to smoke our own. Yes, and was

anybody else smoking?

Yes, Mr. Stewart.

Mr. Gavlik and Mr. Thiele, he smoked
too. He did?

Yes, he did.

Oh, and his cigarettes, where did he
keep them?

In the pocket.

In his coat pocket.

Did somebody else take them out for him?

Yes, it was a steward, Mr. Gavlik.

He took the cigarettes out of the
pocket.

And who lit Mr.

Thiele's cigarette?

I did.

Mr. Thiele was still behind you, holding
your hair in one hand and the gun in

the other, and you lit his cigarette?

That's right.

Is it true that when Mr. Thiele was
asked why he was hijacking the plane, he

said he was doing it for his family? Is
that true? Did he say that?

Yes, that is true.

Now, when he said this, did he also show
any pictures of his family?

Would you like the question repeated?

No.

He couldn't show us the picture because
he was holding me the whole time.

He asked Mr. Gavlik to look for the
pictures in his wallet. Excuse me, Mr.

Hellring. Madam, maybe I'm not hearing
this correctly.

You say he was standing behind you,
holding your hair in one hand, and he

gun in the other. Is that correct?

Yes, that's correct.

Then can you explain how he managed to
pass the cigarettes around and give this

other man his wallet? Did he have more
than two hands at the time?

I do not know how he did it.

I have my back to him.

The one who seemed to make the police
crew so full of discomfort.

Yes. A lifetime's of snooping.

Mr. Gavlik, you testified that Mr.
Thiele entered the galley of the

brandishing a gun and yelling that he
was going to shoot Miss Beata

Is that right?

Yes, that's correct. And where were you
at the time?

In the galley. And where was Miss
Lewandowska?

She was in the galley, too.

You seem a little nervous, Mr.

Gavlik. Is there somebody in the public
gallery that you know?

No. You sure?

Yes.

Uh -huh.

Do you know a man by the name of Roland
Alexandrovich?

I know him only by name.

Uh -huh. And do you know him to be the
prosecutor general from Warsaw?

Yes.

Well, is he in this court?

I don't know.

You don't know.

Right.

Will Mr. Roland Alexandrovich please
rise?

Objection, Your Honor. Who may or may
not be in the gallery has little bearing

on these proceedings.

Overruled. Go on, Mr. Elroy.

Will Mr.

Alexandrovich stand, please?

Now, is this the man you know to be
Roland Alexandrovich?

Yes. Well, just a moment, sir.

Have you ever discussed your testimony
with him?

No. Never?

No. Anywhere?

No, sir.

You claim to know him only by name.

Do you deny coming to the court with him
today? Do you deny that he brought you

here from Poland and will take you back
again?

Object. I have no more use for this
witness, Your Honor. His credibility

for itself.

You gotta hand it to Barney and Judah.
They're kicking the government's ass.

You've booted some butt yourself, Your
Honor.

I only mean a choice.

Oh, they make it hard to resist.

Can you blame me?

What's the defense?

It's good to be.

That Tila was justified in the hijacking
because he was going to be illegally

arrested and landed in the East?

That's a good question, Bruno, but the
real problem for the defense is whether

or not to put Helmut Tila on the stand.

Don't they have to? How can they have a
defense if he doesn't testify? Keep your

eye on that woman.

I have known him for many years.

And I also knew that he desperately
wanted to go to West Berlin to see his

little boys.

His wife Maria, she was Polish, and she
had left him two years before and had

taken the two boys with her to West
Berlin.

So Helmut felt miserable without them.

And Mrs. Thiele never brought the boys
back to see their father?

No, never.

Will you now tell the court and the jury
exactly how Helmut Thiele...

became involved with the escape?

My friend from Hamburg had the plan that
first I would go alone.

But I was terrified. I had my child with
me, and it's so dangerous.

So with a friend, I would feel safer.

I asked Helmut, and he said yes.

So you both went to Gdansk together, and
that is where your friend with the

forged papers failed to show up. Yes.

We... knew something terrible must have
happened.

He said, he's been in prison, he's
arrested.

They caught him, now we are finished.
The same thing will happen to us, too.

that's when the plan was hatched? I'm
sorry, I don't know what hatch means.

And that's when you made the hijacking
plan?

Yes.

We are very frightened.

We don't know what to do.

We walk, we argue.

We are at the flea market when I
recognized that my...

Daughter has left, so I see her staring
onto something, and the sand is behind

us. Then she says, Mama, and I went back
to her, and I see a gun.

She points at it. I see a gun, a toy
gun.

Suddenly, Helmut had the plan that we
should buy the gun, sneak it on the

and use it then to divert the plane to
West Berlin.

I say, it's crazy. We don't have any
money, so how can we buy the gun?

If we have the money, how can we get the
gun on the plane? And if we have it on

the plane, how to hijack a plane with a
toy? That's crazy.

But he says, for money, we shall sell
all the clothes we don't need at the

market.

So soon we have enough.

And he buys a bear for Marina, and I see
the gun closed up for the first time.

It's so small, it was...

It was absolutely crazy.

I tell him we can't do it, but he says
not to worry, it will work.

How did you expect to get the gun
through the customs?

Oh, that's my fear.

The cruelty card brought us to the
private rooms where we are searched.

And that's when the gun was found?

Yes.

The woman found it.

My heart was ready to burst, but she
gave it back to Marina and...

Tell her to be careful with her toy.

Faradke, you've stated this gun doesn't
look real to you.

Is that correct?

Yes. Then why did it look real, the same
gun, to Beate Lewandowska when Tila

held it to her head? I don't know. Why
did this same gun look real to the pilot

as he tried to land a plane on a runway
he'd never seen before? Your Honor, it

doesn't matter, in fact, whether this
gun looked real or not.

Gentlemen,

please.

There's been an objection that I've not
had a chance to rule on, Mr. Elring. It

has already been well established, Your
Honor, that Mrs.

Radke did not set foot in the cockpit,
so how could she know what anyone was

thinking?

Objection sustained.

The witness will not answer the
question. The jury were disregarded.

Please continue, Mr. Sherman.

Mrs. Radke, in whose clothing was the
gun hidden?

In my daughter Marina's coat.

Why?

Why, Mrs. Rodkey, why did you use your
own child?

I didn't use my own child. I had to go
through the customs to fool the customs

people. Besides that, it was just a
little toy. It doesn't look real.

What is wrong with a child with a toy?

Whose idea was it to use the seven -year
-old child?

It was Helmut's idea.

And one last question.

The defense is... established in the
court as ruled that you had nothing to

with his hijacking, that in fact you
never even set foot in the cockpit.

Yet you did hand Teela the gun, and you
did know what he was going to do.

The desperate act of a desperate man.

And you knew there was danger for the
passengers, for the crew, for your own

daughter.

Why did you do nothing to stop him?

Because it was not possible.

At the courtroom, when you have to
believe me, I didn't want to put you

Please, you had to say the truth. This
is okay. This is good.

But I was so confused.

They all told different stories, the
pilot, the stewardess. At the end, I

know what's true and what's not true. As
you say, you couldn't leave.

Oh, my boy.

You remember on the plane when I told
you to give me a run?

Yeah. This was the moment I said to
myself, He says, he says, now go to the

front of the plane.

They better ride it to land at
Schönefeld.

So I point the gun at the girl and say,
take me to West Berlin or I will shoot

her. So it's true he put it?

No, no. I didn't hurt her. I didn't hurt
anybody. I can't. I was totally

nervous.

Believe me.

You must do something.

Good, Gunther.

Do what you must do, but try to keep our
name out of it.

Mr. Kelley?

Yes? Who are you?

I was on the airplane with Herr
Mathilde.

Our last witness, Your Honor, is a
refugee from East Germany.

You may proceed.

Now, sir.

On August the 31st, 1978, you and your
wife and child were passengers

on lot flight 165. Is that correct?

Yeah. Yeah. And when the plane landed at
Tempelhof, you both took advantage of

the moment to defect.

Yeah. But you were leaving your family,
everything behind you, your family, your

friends, possessions, your work.

And how were you employed?

I worked as a typesetter in the day, and
at

night I was a student, but I was
expelled.

Why?

I studied the German romanticists,
Heine, Schiller, and then the

French existentialists, Camus and
Sartre.

And then I write a term paper was
critical of the party line.

Had you ever before had the impulse to
defect?

Oh, yeah.

I was one of two children.

Myself, my older brother Peter, and we
grew up in East Berlin, very close to

the war.

We always hated the war.

dream of going over and one night

about eight years ago we decide

to escape and we say goodbye to our
mother we are praying that

we will be together again our family
again and at night

The blood was pounding in my head.

And on one yacht we ran, yeah? And we
were running, and my brother was

faster than I, and he got to the wall,
and I fall

very hard, and I twisted my ankle, and
then I

hear shots, and I look up.

And there is a bang, bang, bang, and a

long, tortured scream.

It's my brother screaming and falling.

And then the dogs, I hear these dogs,
and they're

growling, making horrible noises.

It's nothing.

Silence.

What can I do? Nothing.

For this, I was arrested.

How old were you?

17.

And you were imprisoned for how long?

Oh, one year and three months.

You told me that if you had been
successful in escaping to the West, you

your brother would have bought your
mother's freedom.

Have you done that?

No. I said that she would possibly be
allowed to join

us when she became 65.

Yes. Objection, Your Honor.

Would Mr. Hellring please get to the
point? Your Honor, I am merely trying to

define the character and credibility of
this witness. Objection sustained. Will

you please get to the point, Mr.
Hellring?

Will you tell us now, please, to the
best of your recollection, exactly what

happened on that airplane?

Uh... Okay.

Uh... When we are about to land in
Schoenfeld, I'm in the restroom and I

come out. So I am very close to the
cockpit and I can hear inside

a very strange conversation.

A man's voice says, this is

a toy, this gun.

Why do you do something crazy like this?

And another man's voice says, my
children are in the bed and such is

must be.

And then he says, I have of my children
pictures.

Would they like to see them? And I think
they say yes. And then,

oh yes, someone says, do

you have a light?

And I think they are smoking cigarettes
together.

I sense that they are in sympathy with
this man and are

considering to play act with him

in this hijacking.

And that we are on the ground here at
Temple House. And this man comes out. He

says, you are free.

And I look at my wife.

I'm thinking all these things that I
have told you

and of my brother and my mother and my
wife. She is thinking the same.

So we are decided.

Is there anything else you wish to add?

Don't know how to say all that should be
said.

I want to thank so much Mr. Thier for
what he has done for us.

He was able, he had the courage to do
what we all have sought to

do.

This is all I have to say.

Ladies and gentlemen of the jury, you
have obviously realized that this is

a unique trial.

The court is American, yet we are here
in Germany, in Berlin,

and the defendant, Helmut Tieder, is a
German.

Now you are Germans, I'm a German.

And we Germans do not need any
additional evidence as of how many

leave the East or why those people want
to leave.

I don't have to tell you why.

They want to be free. But what is
freedom? What does it mean?

Can you see freedom?

Can you hear freedom?

I say yes.

Yes!

I say that each and every one of us has
the right, the duty, to reach out and

grab it if we can.

Does it really matter what motives Mr.
Teeler might have had?

We are told from the defense about Mr.
Teeler's sons in the West. Yes, we all

have sons. We all have families.

Yet did Mr. Teeler for one moment think
about the 68 innocent people whose lives

he was putting in jeopardy? Did he think
about their children?

The fact of the matter is that as human
beings, we care what happens to another

human being.

And we care above and beyond our moral
beliefs because we're

required to care.

Let us feel sympathy.

Let us feel compassion.

Let us show understanding for all of
this.

But in the midst of all our sympathy,
compassion, and understanding, let's not

forget that Helmut Thiele hijacked an
airplane.

And if the defense weren't brandishing
the word freedom whenever possible,

another word might come to mind.

Terrorism. A deliberate attack on the
safety of civil aviation.

And nowhere in the world, nowhere, is
the protection of civil aviation as

important as it is here in West Berlin,
especially after the airlift.

So for that reason and all the other
reasons we've shown, you can have but

verdict.

Hijacking. Guilty.

Taking a hostage.

Guilty. Deprivation of liberty.

Guilty. Assault.

Guilty. Illegal possession of a firearm.

Guilty.

Foreman, please rise.

Will the defendant please rise?

Madam Foreman, has the jury agreed upon
a verdict?

Yes, we have.

What is the verdict of the jury with
respect to count one, hijacking, guilty

not guilty?

Not guilty.

Count two, depriving persons of liberty,
guilty or not guilty?

Not guilty.

Count three, doing bodily injury, guilty
or not guilty?

Not guilty.

Count four, illegal possession of a
firearm, guilty or not guilty?

Not guilty.

Count five, taking a hostage.

Guilty or not guilty?

Guilty.

Schuldig.

Ja, schuldig.

Thank you,

Mr. Bristow.

Madam Foreman, ladies and gentlemen of
the jury, you have done all that's been

asked of you, and your work is now
completed.

I appreciate the sacrifice, the personal
sacrifice that each one of you has had

to make in order to serve here.

You are dismissed now with the gratitude
of the court and with my own personal

gratitude as well.

Sentencing will be Monday morning.

All rise.

Herb? Yeah, it's me.

Sorry if I woke you. I wasn't asleep.

Are you okay? Yeah.

Our daughter called.

Everything all right at home?

Mm -hmm.

She just wanted to know when we're
getting back.

What did you tell her?

I said a few days, I hope.

Guess what else?

What?

She said they discussed you in the
Adnesio case in her government class the

other day. Really?

And she was very proud.

Well, I hope she'll be as proud when I
sentence this poor son of a bitch next

Monday morning.

The court, please. Your Honor,

the prosecution would find that a term
of four years is more than acceptable,

and that is our recommendation.

You're asking me to give you this man
for four years? Well, not to me, Your

Honor. To your client?

Yes, Your Honor, to the United States
government.

I see.

Thank you, Mr. Sherman.

This has been the most extraordinary
case I've ever been involved in.

Not only have we had to balance the
safety of civil aviation against

human rights, not to mention complex
international treaties.

But most extraordinary because we have
had the judgment of the people closest

the situation, the free citizens of West
Berlin.

And now it is my duty to honor and
enforce their judgment.

Immediately after I was appointed here,
the prosecution filed a brief arguing

that basic constitutional rights did not
apply in this court, specifically the

guaranteed right of due process.

They tried to tell this judge how he
must rule.

They placed themselves above the law.

and tried to turn this court into a
charade.

I ruled that such a thing was not
possible in any court where that flag

And now, Mr. Sherman, Mr. Palmer, I'm
left to wonder who would be here to

protect Mr. Tila's rights if I did give
him to you for four years, because I

believe you really mean it when you say
he has no rights and there is no limit

to your power.

I am also left to wonder if this city
needs another judge who follows orders.

Therefore, gentlemen, no.

I will not give this man to you under
these circumstances.

Will the defendant please rise?

Mr. Tila, I sentence you to time served.

You are a free man, sir.

Ladies and gentlemen, these proceedings
are concluded.