All language subtitles for Law.and.Order.S13E16.Suicide.Box.1080p.AMZN.WEB-DL.DDP5.1.H.264-playWEB_track3_[eng]

In the criminal justice system
In the criminal justice system

the people are represented

by two separate
yet equally important groups:

the police,
who investigate crime

and the district attorneys,
who prosecute the offenders.

These are their stories.

Couple of jabs,
couple of jabs-- boom!

A right cross,
and that's all he wrote.

You're going
to knock out Coop?

Speed, my friend.

No, no, not speed;
quicks.

Two rounds, tops.

I'll tell you what.

You knock out Coop
in two rounds,

beers are on me
for a month.

You in on this?

Coop's a southpaw.

So?

You ever fight a southpaw?

Burger rare, fries crispy, guys.

That man has the bladder
of a fruit fly.

Yeah, a beer says it's not
his bladder that's aching.

No, no, no, not...

I said no, Adam.

Come on,
no one cares.

I do.

I got a husband, damn it.

It didn't bother
you last week.

I made a mistake.

So, what does
that mean?

You figure it out.

Hey.

I got a gun.

I'll use it.

He's not going to catch me.

Catch you?

Yeah, one punch
and you're down.

Jab, jab, cross, uppercut.

And if Coop
hits back?

Bob and weave,
bob and weave.

Black and blue, black
and blue.

Shots fired, M.O.S. down!

Rush the bus, 43rd and 11th.

Give her room, damn it!

Back up;
give her room!

Hang on, Alice.

Alice Cushman-- she
works the Three-One.

You too, huh?

Yeah. I just talked to her.

What about?

I, uh,
I went to take a leak.

It was a hello
outside the men's room.

Nothing heavy.

Anybody else

talk "heavy" to
her in the past?

Why?

It just helps to get a fix on who the
victim is,

that's all.

I saw her in the house
every morning before call.

"Morning," "See the game,"

stuff about Rickie--
stuff like that.

Who's Rickie?

Her son--
17 months.

Real cutie.

I seen pictures.

Paramedic says
she's going to make it.

Shoulder through and through.

Uh, she's just mostly in shock.

Adam Brennan.

Any fix
on the shooter?

Uh, maybe I should be asking you
that question.

You were the first one
out of the diner, right?

I was inside.

Alice
has got a husband.

Maybe
I should call him.

Why don't you give
us his number?

I can get it
for you.

Great.

I think Officer Brennan

knows a lot more
than he's telling us.

What, a little birdie
told you that?

You and I have been partnered,
what, four years?

He knows the exact

age of the
victim's kid.

So?

So, forget about
how old my daughter is.

You even know
what state she lives in?

Hey, the busboy saw a blue car

speed around that corner
after the shots.

The plates had three numbers
followed by three letters.

The last two were "U" and "V."

I don't think the
first one was "L."

Captioning sponsored by
UNIVERSAL NETWORK TELEVISION

The Commissioner's talking
about a task force.

What-- over two cops
who each have a spouse

on the side
sweating up the sheets?

Lennie's
been watching

too much Dr. Phil.

I don't know who that
is, but if he's got

a cure for marital infidelity
on the job,

we ought to put him
on retainer.

On the other hand,
half of the Three-One

ends up at the Market Diner
for coffee.

If someone was holding a grudge
against Officer Cushman,

they'd know
to find her there.

The witness says the shooter was moving at
a pretty good clip.

Could have been
he wasn't picky

as long as you
were wearing blue.

Well, let's hope to hell
Lennie's right.

Yeah?

Okay. They'll be right there.

She's awake.

Don thinks I should have quit the job
after we got married.

He thinks a
woman's place

is making dinner
and babies.

Tell me I'm wrong now.

Well, tell him this
was a freak thing.

It's not like there's
anyone out there

gunning for
me, Don.

Actually, we can't
confirm or deny.

Oh, yeah-- all
those parking tickets.

I knew I should have worn
a Kevlar bra.

You wear a uniform.

There could be
some nut out there

gunning for all cops.

I'm just saying
we got a new baby.

Oh, by the way,
your pal Adam Brennan

sends his best.

Who?

Just one of the cops.

My wife...

Just one
of the boys.

She's out partying,

and I'm stuck home
changing diapers.

What, it's my fault
no one's hiring?

Look, I really didn't see
the guy or the car.

Look, Doc says
I should get some sleep.

If you don't mind?

You know where to find us.

Okay, you were
right once.

Okay,

we rented a room twice.

It's not like it was this
hot and heavy kind of thing.

I'm happily married.

How happy
is your wife?

Very, and if it's okay with you,
I'd like to keep her that way.

That's why I didn't say anything
last night.

You're a real ace with
secrets, huh, Brennan?

How happy
is Alice's marriage?

You think Don...?

No way.

He's not the possessive type?

She says he didn't have a clue,
and if he did,

he'd be taking shots at me,
not her.

Did Alice get personal
with anybody besides you?

No way.

She's a good girl.

Can we, uh...?

Yeah, yeah.

New York's finest.

Hey, he cheats
on his wife,

you built a new wing
on some casino in Atlantic City,

I like the liquid refreshment
a little too much--

we're dogs,
every one of us.

No wonder the public

thinks so highly of us.

Oh, no, they love us.

They have to.

When they run away
from something,

we run toward it.

Yeah, Green.

Okay, could you
do me a favor

and get that over
to Forensics?

All right, cool;
thanks, man.

A BMW was clipped
last night

around the corner from the scene by a blue
car.

Could be our shooter.

I parked it
in front of my house

two nights ago when I got home.

I overslept.

The next morning,
it was gone.

Why didn't you
report it stolen?

Because I thought
you guys towed it.

And you didn't call Parking
Enforcement to check?

I didn't have the money
to claim it back

until next week's paycheck.

Took me an hour and a half
on the bus to get here.

Did anybody else have access
to the car, Ms. Thomas?

Like who? A kid, for instance.

My son's dead.

So, you did

your good deed
telling me it was stolen.

You can go now.
I got work to do.

You don't understand,
Ms. Thomas.

Whoever took your car

may have tried
to shoot a police officer.

Oh, that sure explains it.

Explains what?

How hard would you have looked

if it was me reported it stolen?

So much
for your theory

about the public
loving us.

Well, there's an exception
to every rule.

Well, hopefully
she don't work every night.

Hey, how you doing?

Uh, can we talk to you
about Janet Thomas?

Who did she kill?

Now, why
would you say that?

She's got a temper,

that one.

Thinks the world owes her.

Last night, she screamed at me
because I took the last milk

in the nurses'
lounge.

So, she was
here all night.

Until midnight.

You don't know
the problems that caused.

What do you mean--

she don't care for
the graveyard shift?

Well, just the opposite.

They wanted to put her on days,

but she raised
all kinds of hell.

Says she's got to be home

when her son gets home
from high school.

Her son?

She told us her kid died.

It looks like she's lying
to someone.

And why do you suppose
she wouldn't tell us

she had another kid?

I don't know.

Let's ask him.

Thank you.

Back when I
was using Clearasil,

we didn't have to walk through metal
detectors.

When you were 18,
I doubt you could buy

a semi-automatic weapon
on every street corner.

Are you saying
Stevie...?

No, no-- he smokes some weed,
cuts some classes.

Nothing out of
the ordinary?

Unfortunately, that's a truth

the times
have made me live with.

If you'll wait here,
I'll bring him out.

All I can say is I'm
glad my kid is grown.

Mmm, I'm glad I'm grown.

Look, I don't know
what you think I've done.

It's not me, Stevie.

It's the detectives
want a word.

Man, I didn't
do nothing!

Yeah, you can tell me
all about it down at the squad.

Come on.

Alice Cashman?

Don't know her.

Cushman, and she's a cop.

Well, maybe
she was getting a payoff

under the table,
or something, I don't know.

Where did you
come up with that?

That's what they do,
ain't it?

How old are you?

What's it matter?

There's something
you ought to know, Stevie.

My partner here-- he's famous all over the
city for his temper.

You can tell your partner
to kiss my ass.

I ain't done nothing.

Not like it makes
no difference.

You haven't been

reading the papers,
have you, kid?

Cops are heroes now.

Not to me they ain't.

You know
what, Lennie?

I think you could use
a cup of coffee.

Let me tell you something,
Stevie.

That little attitude of yours,
that might play on the street,

but from this moment on,

all it's going to do is dig you
in a hole you can't get out of.

Man,
I can handle it.

Hey, man, you shot a cop.

People 'round here,
including me,

don't appreciate that.

So what, Officer Tom's
going to rescue me now?

Oh, hell, no.

I'm just telling you
what's what.

After that, it's up to you.

So, what,
you get some kind of raise

to take a brother
off the street?

That's right, man.

For every ten I bring in,
I get an extra day's pay.

If he's got a big mouth,
I get two days.

If I bring him in
a little bloody,

the man gives me
a damn toaster oven.

The best thing for
you to do, Stevie,

is for you to
talk to me.

Give me a reason why.

I am your last chance, bro!

You shot a white cop!

Nobody else in
this building

wants to listen
to your little ass.

You want me to say I'm sorry?

The only thing I'm sorry about
is that cop's still alive!

You don't even have a record!

Now, I know
you didn't wake up one day

and say, "I'm going out
and shoot me a cop today!"

What do you know?

Stevie...

Tell me why.

Please.

You think I don't know you?

I know everything about you.

Whitey gets shot...
or gets a hangnail, they snap,

and Tom comes running.

But my brother gets shot...

and no one--
no one does nothing!

No one gives a damn!

No one but me!

So, what, you take down a cop
just to even things out?

That's right.

You better believe it.

until after he confessed.

Well, be that as it may,
he's just a child.

It just so happens his 18th
birthday was last week.

So he's not entitled
to have a parent with him

in the interrogation room.

18. Let me ask you,

when you were 18,
would you have been capable

of holding your own alone,
in a closed room,

with two
homicide detectives?

I wouldn't have popped

three rounds at a cop.

I would have thought the air in
here would be more sympathetic.

Now, why would you think that?

Do I offend you, Lieutenant?

You know,
the truth is, Counselor,

I've seen you in action.

I've seen you
turn a simple assault

into Brown V. Board
of Education.

When the sheet fits...

Your client shot an innocent
cop-- a wife, a mother...

Because his brother

was murdered eight years ago,

and a whole bunch of other
innocent cops

shined him
and his mother on.

Which is a fact you can take up

with the District Attorney,
Counselor.

Who, if they ever
get around to it,

will quickly see this
is not the kind of case

they want to put
in front of a jury.

Have a nice day.

There he goes--

Johnnie Cochran
without the rhyme.

He's just saying
what we already know--

let's not pretend Joe Cop
moves with the same speed

when the call's
to 125th and Lennox

than to 63rd and Park.

Okay. 1994, the
1-6 investigated

the murder of an Eric Thomas.

You call up the file?

All the current database
had was the name,

and case closed.

There you go--
that means we caught the guy

who killed Eric Thomas,
and now his kid brother

and his esteemed attorney
are trying to pull a fast one.

You know, we should talk

to the lead detective.

That'll be hard to do
without a seance.

Lead detective was
a guy named Nick Helms.

I went to his funeral
about six years ago.

Well, I hope you brought
your antihistamine.

Why?

You ever been to Dead Files?

Whoa, whoa. The computer
said the case was closed.

Well, this one isn't,
and this kid's whole defense

is that we screwed up on his
brother's murder investigation.

So what?

So I, for one, would like
to know how bad.

Bottom line, Ed, no
matter what we find,

it doesn't justify that
kid shooting at a cop.

Could affect sentencing.

And if God had wanted man
to have fair trials,

he would have given the
jury Pentium processors

instead of prejudices.

All I'm saying is,

people bring a whole
lot of baggage

into everything they do,

and lawyers like Halpert know
how to make the worst of it.

Here's all I got.

All you got?

What does that mean?

Most of the file
looks lost.

Lost? This is File Storage.

How do you lose a file?

Eight years.

I'll put out an APB,

but based on past
experience...

...odds aren't good.

I'm starting to think
Halpert is right.

Complaint was called
in by a neighbor,

who found a body

on 128th Street.

Cops arrived at 1:48 a.m.
and found Eric Thomas dead.

You hear what I said?

Weapon was a Ruger found
four feet from the body.

Should be in the
property clerk's unit.

But the death certificate

and final autopsy report
are missing.

Lennie...

Hey, Ed, what do you
want from me?

I sold my plantation
over a century ago.

All I'm saying is,

where do they store

the homicide files
for the rich white kids?

I think we can worry
about that another time...

because Stevie's brother
Eric wasn't murdered.

He committed suicide.

Of course

their reports said that Eric
committed suicide.

That way, the cops never had
to investigate the crime.

That way they can sweep the life
of another innocent black child

underneath their
very white carpet.

Hey! He was just
getting warmed up.

He can try his case
in the press,

but that doesn't mean
I have to listen to it.

The kid shot at a cop
for no reason

other than that she was a cop--
what does he want?

Dead Files sent this over.

It was filed under "E."

"E" for "Eric."

That makes sense.

It says here that a weapon
was melted down

three years after the case
was deemed a suicide.

Your boy Helms interviewed
somebody named

Jason Hendri three times.

What about the death certificate
or autopsy report?

Well, it must be filed
with Hendri's statement.

Well, let's hope
he remembers

seeing Eric Thomas
put one in his own head.

Jason,

I'm Detective Green.
This is Detective Briscoe.

We want to talk
to you about Eric Thomas.

What about him?

We're looking into his death.

A little late,
aren't you?

Well, it's come up
in connection with...

Why'd I care about that?

We found your name
in the file.

Seems you told Detective Helms that you
saw the shooting.

Whew!

We want to laugh, too, man.

What's in it for me?

That nice, warm
feeling you get

from doing the right thing.

You're serving three
consecutive

life sentences; a few years
off of one of them

ain't going to do much.

Want to know why
I was laughing?

I mean, what's it been,
seven, eight, years?

You all haven't figured
it out yet?

Figured out what?

Yeah, I saw that son of a bitch
who shot Eric Thomas.

Pretty hard not to see when...

you the son of a bitch
who pulled the trigger.

You?

Pow.

to amaze
the extent people will go

to prove their ignorance,
fear, and hatred.

No cameras here, Carl.

No need to waste
the sound bite.

Let's discuss the mother

of all sound bites,
"to protect and serve."

Actually, I prefer the
unexpurgated version--

"To protect and serve
them that look like us."

I'm glad to see you
haven't lost a step.

Yeah, just getting started.

A suicide, but no autopsy
report? Give me a break.

A felony defense based on incompetent
office personnel?

Oh, Jack, you're giving
them too much credit.

Let me spell this one
out for you: cover-up.

Nobody lost anything.

That's right,

I saw your press conference.

The cops didn't investigate
it in the first place.

That's right--
why bother to investigate

when you can get one
of your lackeys

to check
the little suicide box?

Neat, clean,
no fuss, no muss.

Best of all,
everyone's home for dinner.

Even if that
were true,

vengeance isn't a defense
for attempted murder.

I'm not sure

this even rises to
the level of vengeance.

Officer Cushman wasn't
even on the force

when Eric Thomas died.

The criminal acts
against my client

weren't committed
by an individual,

but by an entire system.

Now you call
a murder a suicide,

and the victim's family is
robbed of justice under the law.

This is nonsense.

It's obvious you just want
to inflame the jury.

Big picture, Ms. Southerlyn,

this case is not about
a devastated kid.

it's about Jim Crow,
new and improved racism,

with a felt-tipped pen.

All I have to do is point
the jury in the right direction,

and they'll do exactly
what they should.

Let your people go.

Yeah. Perhaps.

But I'll settle
for Stevie Thomas.

Carl, Carl.

I'm sure you had better things
to do with this morning

than spend it here with me.

Simple assault. No time.

He shot a cop.

You know I can't do that.

As always, my brother,

time with you
is time well spent.

Ms. Southerlyn.

We can move to exclude
all evidence

of Eric Thomas's
death as irrelevant.

Or we can cut it
off at the pass.

If we can prove beyond a doubt
that it was a suicide,

we essentially proved that the
police didn't do anything wrong.

Start with whoever it was that
wielded that felt-tip pen.

I put in a request

to Records after you called.

My luck was about
the same as the cop's.

Files don't just disappear.

Really? What city
do you work for?

Good news, we did come
up with a name.

Gail Berardi performed
the autopsy on Eric Thomas.

Great. If nobody's
misplaced her, that is.

Uh, you might be better off.

Gail left the ME's Office
a few years ago

to become a private consultant.

The parting wasn't what you
would call sweet.

What, are you telling me

this woman ransomed
her autopsy reports?

With Gail Berardi,
nothing would surprise me.

I don't remember
the case.

The ME's office seems
to think you have the files.

It's possible.

I'll take a look
and get back to you.

When?

I don't know. When
I get around to it.

I'm being called as an expert
tomorrow in Hartford,

next week, L.A.

I don't think I made
myself clear.

This file is going
to be evidence

in an attempted murder case.

I don't think I made
myself clea.

It's not my problem anymore.

Good-bye.

Dr. Berardi's files

are evidence in a felony
trial. Subpoena them.

That's the first
thing I threatened,

but what's evidence to us
is work product to her.

She'd fight it for sure.

This woman rents herself out as
an expert witness, doesn't she?

You want to hire her?

No, but no one else will,
either, if we charge her

with embezzlement
of government property.

Dr. Berardi took files

when she left
the ME's office.

Her personal files,
which she had every right to.

As an employee
of the State,

those files were produced
at behest of the State.

They were, in effect,
works for hire

and were and remain
her employer's property.

What is it

we're talking about here?

Research? Time cards?

Autopsy reports.

Shame on you.

Thank you,
Your Honor.

And shame on you
for trying to swat flies

with SCUD missiles.

This is a civil matter,
Counselor.

If you want to argue
about personal property,

you should take it up with
people who actually give a damn

about this sort of nonsense.

Your Honor...

You've got a colorable claim, and I use
that term

very freely.

Although I'd love to,

I can't in good conscience
dismiss the charges.

So what do you say, doc?

Give the lady her files

or you're looking
at one major headache.

These notes
are better organized

and more detailed
than most of what I see.

The cause of death was a single
gunshot wound to the skull.

Consistent with suicide?

No, I said organized
and detailed.

I didn't
say complete.

Why aren't I surprised?

There's nothing here

regarding the position of either
entrance or exit wounds.

Trace gunshot residue
is referenced,

but taken alone that's
not enough to say for sure.

You really need to examine
the beveling of the bone.

We typically keep photos
and scale drawings.

Do you think
Berardi held them back?

You'd never be able
to prove it if she did.

Documents
from closed files

are often used for research,
teachings, statistical studies.

Her reports could be anywhere
between here and Albany.

So you're telling me I won
the battle and lost the war.

Not necessarily.

You still got a fighting chance

if you get me the skull
of Eric Thomas.

You people.

You toss one of my boys off
like he's garbage.

Now you want me to pull him
from his grave?

If Eric were my son,
I'd want to know

for sure what happened to him.

I always knew what happened,
now I know how and who.

Of course.
I understand.

What do you understand?

You don't care
a damn about Eric.

You just want
to save some cops' butts.

Those were some pretty

harsh words, Mrs. Thomas.

You earned them.

Eight years you people have
kept me dangling on a string.

Well, I'm not
dancing for you no more.

I don't care how many strings
you try to pull.

Of course not.

How about you let me

talk to Mrs. Thomas
mother to mother?

Thanks.

It's a funny thing, Mrs. Thomas.

We have a laundry room in
the basement of my building

and a couple
of weeks ago,

I went down
to move a load

from the washer
to the dryer

and I noticed that
my box of detergent

was missing.

And I knew who did it.

Mrs. Ross, second floor.

A real scavenger,
that one.

You got a point?

Yeah, I got a point.

A week later,
my son, my oldest, Stefan,

gets into a fist fight
with Andy Ross.

It seems he called
his mother a thief.

Hatred isn't inherited,
Mrs. Thomas,

it's learned.

I didn't talk Stevie
into doing this,

if that's where you're headed.

I think I can understand how
angry you must be, how hurt.

I can see it in your eyes
and we just met.

I can only imagine
what Stevie felt like

looking at those eyes
for eight long years.

He had to feel small, powerless,

unable to ease
his mother's pain.

He just turned
18, right?

Yeah.

So now how could he become a man

if he couldn't stop
his mama's suffering?

Stevie traded his life
to ease your hurt.

The least you could do
is make it mean something.

Prove to the world

that your oldest
was really murdered,

and I swear to you,
I will personally go after

whoever was responsible
for covering it up.

Oh, God!

Oh, God!

No! No!

The funeral home
was owned

by Douglas Lexhall.

Was?

He was convicted

four years ago for selling
corpses without permission

to foreign
medical schools.

The ADA handling
the case

thought they'd ID'd
all of the missing bodies.

That is a real comfort.

With the way this case
has been handled to date,

I wouldn't be surprised
if Eric Thomas just got fed up

and decided
to walk off on his own.

Missing files,
missing bodies...

I, for one,

would like to display

at least a modicum
of competency at my job.

And if my office
can't convict a kid

who confessed
to shooting a cop

then I'm not going to get
many more opportunities.

Halpert's insisting that
Stevie Thomas does no time.

What the hell.

At my age,
I should be fishing anyway.

On February 4th,
at approximately 10:15 PM,

Stevie Thomas was not at home
working on his physics homework.

He was not watching the Knicks
beat the Clippers on television.

He was not talking to his
friends on the phone.

On February 4th,
at approximately 10:15 PM,

Stevie Thomas was
in his mother's car,

without her knowledge,
driving past

the Market Diner
over on 11th Avenue.

On February 4th,
at approximately 10:15 PM,

police officer Alice Cushman
exited the Market Diner

after having
a cop of coffee

with several other officers
from the 31st Precinct.

She was on her way home.

She was thinking about kissing

her sleeping baby Ricky
on the forehead.

On February 4th,
at approximately 10:15 PM,

Stevie Thomas had

a .38 caliber revolver
in his hand.

He fired three times
from his mother's car.

One of those bullets struck
Officer Cushman in the shoulder.

Defense Counsel
will present

a bevy of possible
explanations,

but in a court of law
in the State of New York,

they have nothing to do
with the case.

Stevie Thomas shot a cop.

That's all that matters.

Your opening statement,
Mr. Halpert.

I think I'll pass, Your Honor.

Actually, I didn't know what
happened.

I remember a flash of light,
wheels screeching,

a shooting pain
running down my side

and then I guess I passed out.

Could you identify the car?

It was blue,
kind of old...

a Pontiac, I think.

It happened fast.

The driver?

The most I could tell
was that it was a male.

Had you ever had
any dealings

with the defendant
prior to the shooting?

I never saw him face to face
until today.

Any members
of his family?

Not that
I'm aware of.

Thank you, Officer.

So other than being male,

you can't tell us
anything about the driver?

He was African-American,
if that's what you mean.

That's exactly what I mean.

Nothing more, Your Honor.

Forensics determined

that the bullet taken out
of Officer Cushman

was from a .38 that was found

in the trunk of an abandoned car
in Long Island City.

The car was registered
to one Janet Thomas.

Did there ever come a time
when you personally

spoke to the defendant,
Stevie Thomas?

Yes, my partner,

Detective Briscoe and I,

brought him down
to the squad for questioning.

And what happened?

He confessed to shooting
Officer Cushman.

What did Detective Briscoe say
after Stevie confessed?

He wasn't
in the room.

Really?

I could have sworn
you just testified

that the two of you

questioned
my client.

Detective Briscoe
was in the room

for part of the interrogation.

He left before
the defendant confessed.

I see.

So from now on we'd best assume

what you tell us
is kind of the truth.

Tag teaming a suspect
is often

the most efficient way
of interrogating him.

It throws the suspect off.

Sometimes he forgets
what he told one detective

and he changes his story.

Either way,

the other detective
is monitoring

the interrogation from
the observation room.

Did you question Stevie
about where he got the car?

Yes.

About the shooting?

Yes.

And there was something else.

Something about
a new toaster oven.

That was a figure of speech.

I never heard it used
in the context

of a police
interrogation before.

Why don't you
explain it to me?

Your client was being
completely disrespectful.

And you thought
toast would help?

He was denigrating me as a cop.

And you got mad.

No, I was always in control.

Isn't it true you told Stevie
that the department

gives out toaster ovens for
every African-American child

you beat
the crap out of?

I wasn't
serious.

You were joking?

Yes. That's right.

What did you partner--
who you've already testified

was watching through the glass--

what did he do when you
joked with my client?

He watched.

A white cop just watched

while his partner
threatened a black boy.

Does this happen often?

Objection.

Sustained.

Withdrawn.

Tell me, Detective,
whose prints are on that .38?

It was wiped clean.

So you have
no way of proving

exactly who fired it.

Your client
confessed.

After you threatened
to beat him silly.

I didn't threaten him.

When a jury's
involved,

the truth doesn't
always matter.

Especially this jury.

What are you saying?

"Especially this jury?"

What's different
about this jury

that they wouldn't
recognize the truth?

Halpert wants to show

how irresponsible the force is

when dealing
with the black community.

He gave you the brush,
Detective.

And you painted
the exact picture

he was looking for.

So, can't you paint
a different picture?

How?

I don't have any more witnesses.

The People rest, Your Honor.

At this time,
Your Honor,

the defense is
prepared to proceed

with its opening
statement.

Chambers, Your Honor.

You can't open in
the middle of a trial.

I don't see why not.

The Court rules give me
the right

to give an opening statement
to the jury.

They don't specify
when I have to give it.

The plain language
of the rules suggest

that it was intended
to be given

at the opening
of the trial.

Well, that's funny.

I thought it meant
at the opening of my case.

This is merely a way

for counsel to divert
the jury's focus

from the People's
case-in-chief.

It would provide
a distinct advantage.

Well, let's talk about advantage.

Which side gets to sit
spitting distance from the jury?

Who gets to open first
and close last?

If you forgot,

it's the State
on both counts.

I'm just trying to offset
the overwhelming advantage

the State has the moment
we open the doors

to that courtroom.

I never thought of that.

Well, you've never
been a defendant.

The rules don't prohibit it,
so why should I?

You know, before I got here
today,

I joined an acquaintance of mine on line

at a coffee truck
around the corner.

We reached the counter,

and we both ordered a cup of coffee

and a Danish.

Unfortunately, there was only one Danish
left,

and the man at the counter gave it to my
friend.

He was white.

I was mad.

Now, here I was,
an established attorney

who'd argued before
this country's Supreme Court,

and yet this slight...

made my blood boil.

Not because I had my heart set on that
Danish. No.

But because, for
that moment in time,

I was invisible.

Now just imagine
how mad I would have been

if I wasn't an attorney.

If I was
an 18-year-old boy.

If it wasn't some ignoramus
behind a coffee counter

who made me disappear,
but the police.

Imagine how mad
I'd have been

if I wasn't turned invisible

for a moment, but
for eight long years.

Stevie Thomas's big brother,
Eric, was murdered

eight years ago.

The police made the case
disappear

by calling it a suicide.

They kept it invisible
by not only losing the records,

but his brother's body.

Now, as you listen
to my case,

please keep two
things in mind.

Stevie's prints were
not on the weapon

and there are no witnesses
to put him at the scene.

I knew Eric Thomas

from around.

You were friends?

I wouldn't go that far.

Tell us about the last time
you saw him, if you could.

Sure.

Maybe eight years ago.

It was at night.

Maybe 9:00, 9:30.

We got into,
like, a scuffle.

And what happened?

Eric wasn't all
that tough.

He tried to run.

I put a round
through the back of his head.

You shot him?

That's right.

Were you ever questioned
by the police

regarding this shooting?

Sure, but I gave them some song
and dance.

You're currently
incarcerated

at Sing Sing
State Penitentiary,

are you not, Mr. Hendri?

That's right. Three counts of murder.

When do you expect to get out?

I don't.

So you have no reason
to lie, do you?

You have no reason
to tell the truth, either.

Isn't that right?

Huh?

The State can't

do anything more to you,

so why not have a little fun,
get your name

in the paper,
your face on the news?

All I know is I shot him
smack in the back of the head.

It was Detective Helms
working the case.

He told me he was dead.

Did he ever once say

your son committed suicide?

Not at first.

So,

initially, he told you
Eric was murdered?

It was more than once.

Every time he told me
he was getting close

to finding the killer.

Then one day,

he tells me to
stop calling him.

Eric killed
himself, he said.

He's off the case.

Did you believe him?

I knew my son.

I knew there was no way
he would take his own life.

So, I went to his Lieutenant
and then his Captain.

Both of them told me
there was nothing they could do.

They said
Eric committed suicide,

and I should stop
bothering them

and get on with my life.

Were Eric and Stevie close?

Since my husband passed away,

Eric was like both
his brother...

and his father.

Eric would do anything
for Stevie.

And Stevie loved him
more than he loved himself.

To have him murdered,

to have his memory treated
like trash by the police...

As one of the Assistant
Medical Examiners,

it was my function
to perform autopsies.

And you performed the autopsy
on Eric Thomas, did you?

That was eight years ago.

I don't remember,

but if the records show
that I did,

I won't argue.

I show you what has been marked
Defendant's Exhibit D.

Do you recognize it,
Dr. Berardi?

Those are my initials, yes.

Please tell the court
what it is.

We call it the ME's
Summary Report.

It contains
the bottom line

on the case?

That's correct.

Typically, there are
detailed reports

found inside the folder.

Mm-hmm.

But alas...
this one's empty.

Could that mean
that the detail work

you spoke of was not performed
in this case?

Absolutely not.

I couldn't have completed
the summary

if I hadn't done the work.

Hmm.

And you know it was a suicide

because this little box
is checked.

That's correct.

While at the
ME's office,

I performed thousands
of autopsies,

and I followed the exact
same procedure

with each of them.

Okay.

Tell us what happens

after you check the little
suicide box.

The case is
deemed closed.

And the detectives stop
working?

That's correct.

So, hypothetically,

if a detective was stumped,
or if he just didn't feel

like investigating the case,
you could help him out

by making a little check here...

That is absurd.

But it's possible.

Dr. Berardi, I show you
what we'll call People's 17.

Do you recognize it?

Yes.

These are my notes
from the autopsy of Eric Thomas.

Now, earlier we heard

Mr. Jason Hendri testify

that he shot Eric Thomas

in the back of the head.

Is there anything
in these notes

that might confirm
that statement?

Actually, quite the opposite.

I can state as a fact
that Mr. Thomas was not shot

in the back of the head.

Please explain.

There were two holes
in the deceased's skull--

here and here,

in the occipital
and temporal bones.

The pattern of
gunshot residue

indicates that the entrance
wound was here.

Then, in your opinion,

Mr. Hendri lied

when he testified
that he murdered Mr. Thomas

by shooting him
in the back of the head?

That's correct.

This all happened
eight years ago,

and I cannot say for sure
what happened.

But because the suicide box
was checked,

I would have to assume

that there were sufficient
forensic markers

to conclude
that this was not a homicide.

Thank you,
Dr. Berardi.

I may have misunderstood
Rodgers,

but I think
Berardi is taking liberties

with the truth.

Find out.

I'm glad there are no
hard feelings, Dr. Berardi,

and I certainly appreciate
your coming down here.

After what
I did for you

in court today,
I'd expect champagne.

Don't get me wrong.

I like winning

as much as the next guy,

but I don't like winning
with partially true testimony.

You think I lied?

Dr. Rodgers tells us

that gunshot residue
by itself is not enough

to determine entrance
and exit wounds.

She told us
that you'd have

to examine the beveling of the bones as
well.

We'd like to know

why you omitted that
from your testimony.

Hey, you go to hell.

You made it perfectly clear
that I had to testify.

Do you know I busted my ass for this city

and they paid me back
by not paying me.

But I came down here

against my better judgment

to serve the city one more time

on a case I don't even remember.

You want to know
what it was like

for me at that time?

I had 20 open
cases on my desk

at any given time.

I was overworked
and overtired.

Are you saying
you made a mistake?

That you checked the suicide box
by mistake?

Haven't you ever made a mistake,
Counselor?

Haven't you ever forgotten

a crucial question?

Forgotten a vital piece
of testimony?

You know what?

The truth is...

I just don't know.

Mm.

Thanks for meeting me here.

When I'm on trial,
I live on Frankie's chili.

Keeps the heart pumping.

You can trade it in for a steak.

I'm sorry, Jack.

I can't take a deal.

Especially now.

I'm going to redirect Berardi

first thing tomorrow.

She was tired.

She was overworked.

She might have made a mistake.

Or maybe it wasn't

a mistake at all.

Look, Jack, if you were
in my position,

who would you believe?

A white woman who has already
lied once on the stand,

or a couple of centuries

of history?

This isn't about history.

Now, Jack, that was a very

self-serving rationalization,

and you know it.

To a large portion
of this country,

it is always about history.

So, you're fine
with the next kid

who's unhappy
with the cop on the corner

and decides to get a gun.

Of course not.

But maybe now, that kid won't
be condemned to live the life

his father and grandfather were
forced to accept.

It's not going to end, is it?

Jack, try the chili.

It's really good.

Jury foreman, have you
reached a verdict?

We have.

On the first count

of the indictment,

attempted murder
in the first degree,

how do you find?

We find the defendant,
Steven Thomas, not guilty.

Oh.

Hey, Lieu.

Weren't in a rush
to get home tonight?

You know, I used to wake up
in the morning,

brush my teeth, comb my hair,
look in the mirror

and see a cop
looking back at me.

Hmm. Stevie Thomas
shattered that mirror?

Now I got six eyes
looking back.

A cop.

A black woman.

A mother.

Well, that's lucky.

You know what
Eric Thomas sees?

Nothing.

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