Original subtitles

You shall not kill.

You shall not

kill.

What's going on?

They're looking for a vein.

Sometimes it takes a while.

What was wrong with the electric chair?

The bastard didn't give my son the option of a painless death when he shot

him.

You were relative too?

Some of the relatives of the victims he killed didn't want to be here.

I'm their witness for him.

What the hell is going on?

Judge Oreck granted a study of execution.

Why this time?

Henry Constable's lawyer claims she has new evidence establishing his innocence.

You know, I didn't get involved in the Constable case until it was almost over,

but I seem to recall that they found the murder weapon in his car along with some

of his victim's blood and a couple of burgers that he happened to pick up on

the way out of the hamburger stand after shooting six people.

There were no eyewitnesses.

Because he killed them all. You prosecuted him, Tess. You don't think

he's innocent, do you?

No.

But we can't correct mistakes after an execution.

So let's look at the new evidence now.

Supreme Court says we don't have to. The time period for filing for a retrial on

the basis of new evidence is run out.

So the state can legally execute an innocent man if his appeal misses the

deadline?

Yes.

Unless his evidence is truly persuasive. Which it won't be.

Every condemned man comes up with new evidence proving that he's innocent.

It is always garbage.

Humor me.

Look at it.

So, Rose, you moving in?

You moving out? No.

Lawyer said I don't have to talk to you.

You want to keep Henry Constable alive, you better talk to me. You better talk

to everybody fast.

He didn't kill those people.

How do you know that, Rose?

You were with him that night, four years ago, you remember?

I'm married to his brother.

And what would I be doing with him?

This Henry's niece?

No.

Look, it was Frank, my husband.

He did it.

Told me.

When?

Next day.

Hmm.

And you'd mentioned this for four years, Rose?

You just sat there while Henry was arrested, tried, sentenced to death?

I was Frank's wife.

A wife don't have to testify against her husband.

You ought to know that.

What, so you just thought you'd let Henry die for it?

No.

So I'm telling you.

Now.

So now?

You'll testify against your husband?

Oh, I won't have to.

Why is that?

Last August.

He was shot dead.

Robbing an armored car.

Don't you read the papers?

Yeah. We looked at Frank Constable. Looked at him good. But you arrested

Henry Constable.

Because Henry did it. His grieving widow says otherwise.

Rose Stepkey?

That hophead got any furniture yet?

We leaned on Frank first, and he came up with an alibi that worked.

He was in Atlantic City with three buddies, four hookers, and a nephew who

was supposed to be the next Wayne Newton.

Did you talk to all of them?

Frank was in A.C.

Henry killed six people at Juicy Burger.

You want to prove it all over again?

Be my guest.

You kicked me. Again, I'll bite your foot off, you little punk.

Don't mouth off at me anymore, either. Yeah, what are you gonna do about it,

pigshot?

You got an interesting way with kids, Gaddis.

Little crud picked my pocket.

When I chased him, he threw my wallet in the sewer.

And I'm gonna dangle him head first down there till he finds it.

Your dad's been missing for four days?

Mm-hmm.

You haven't eaten in four days?

Well, I was okay till the minute I had SpaghettiOs.

Why don't you just steal some more? Kind of lighten up, will you?

What about your mom?

I don't have a mom.

Gaddis, can you go five minutes without a cigarette?

Don't know. Never tried.

Your daddy got a name, kid?

Joe.

Joe Cohan.

Is he about this tall?

I got sandy color hair, sticks up all over his head. Looks like someone scared

him once, he never got over it.

Yeah, you know him?

Yeah, kid.

We got his picture in our scrapbook.

Is that your daddy?

Real good role model.

Didn't do too good in sensitivity, attorney. Did you get us?

Can

I stay at the

office, dear?

Oh, it's a wonderful world.

You looking for a better one?

What could be better than this one?

I'm working.

What's the case?

Oh, yeah.

Hmm. Which side are you on?

The one that says that public schools in this country are not religious

institutions.

They expelled a kid for being religious?

They expelled her for being disruptive.

Ah.

You just starting this case?

Mm-hmm.

Does this mean we're not going on vacation?

Do you have time right now? No.

But I have time to do something besides watch you work.

Yeah?

I was thinking about dinner. What are you thinking about?

The new witness is Rose Stepkey. She's a friend of the convicted man.

She has a criminal record.

No one but her heard the alleged confession.

Her husband, who she now claims is the actual killer, is conveniently dead.

And he was investigated at the time of the crime, but was ruled out as a

suspect. He had a strong motive to concoct an alibi.

That would have required the cooperation of a dozen witnesses.

All of whom are less than sterling characters.

It is possible that they all did lie.

It is possible that Frank Constable did commit this crime.

It's possible I'll be chosen Miss Illinois, but I've just about given up

hope. All I'm asking, Your Honor, is that a jury be given an opportunity to

consider this evidence.

The Supreme Court has ruled, Miss Wong, that state courts need not even consider

new evidence that arises late.

I granted you a stay on the off chance that your evidence was compelling.

The execution of Henry Constable is imminent, Your Honor.

Shouldn't we listen to any suggestion that the wrong man is about to die?

Every suggestion has been listened to, Your Honor.

I'm denying your motion for a new trial, Miss Wong, and releasing the stay of

execution.

Hey.

The one.

Tess, I know how you feel about the death penalty.

But if anyone deserves to die, Tess, it's Henry Constable.

He killed six people.

If he's guilty.

If he's guilty.

How many times do you need to check this out?

Are you all right with all this?

I couldn't sleep.

It's over.

Makes us killers, Tess?

Hey, Tess.

I have killed people.

Bad guys like Henry Constable.

What is it?

I wish I had been...

In that restaurant when Henry Constable walked in with that gun.

I'd have been happy to shoot him.

Save some lives.

Wow.

Look, happier things.

You hurt from Asher?

No postmark.

How does he do that?

You still engaged?

I think so.

Cobb? Miss Kaufman?

Hey, Gattis, what happened?

That eight-year-old beat you up and take away your gun?

Pawned him off on social services.

But I did get a lead on the last location his daddy was seen.

So if you're not too busy here, I'd like to borrow your flat feet.

Yeah, I've seen him.

Three, maybe four days ago.

Kind of shifty looking, isn't he?

I'd throw him out.

Could he have snuck back in?

Sure.

I can't be everywhere all the time.

You mind if we have a look around?

Help yourself.

Miss Kirby?

If you want me to testify about anything, ever, forget it. I'm not going

to waste one more second of my life on that giant cobweb you call a justice

system. Miss Kirby was robbed a few months ago. We got a conviction.

You can tell she's real grateful.

Do you mind? I am trying to quit.

That's good.

Have you seen this guy around lately?

No.

Those are my cats knocking things over.

Big cats.

Well, I have things to do, if you'll excuse me.

Are you going to give me those keys?

Or would you like me to take them from you?

Hello, Joe.

What have you gotten yourself involved in this time?

I've been in here forever.

She feeds me once a day. She lets me out at night so I can go to the bathroom.

Do you have any idea how hard it is to use the toilet when you know there's a

crazy lady with a gun right outside the stall?

Where's the gun?

Top drawer.

Next to the knife I took off him.

I got a little kid.

He's probably scared to death wondering where I am. Nah, we got him. He's okay.

Really? Yeah.

How come she locked you up?

I don't know.

She's crazy.

If I locked him up, and I am not saying I did, it's because he broke into my

office and he tried to rob me. If you people cannot keep moral lepers like

this from infecting the rest of society, then you have no business calling this

up. Don't listen to her. I'm telling you, the woman is a lunatic. I'm minding

my own business. She drags me into her office and ties me up. You saw me.

Here's a present for you.

Perfect. Why would I do anything to this rodent if he weren't trying to rob me? I

mean, do you think I have nothing better to do with my life?

Billy Gordon.

Pond scum. And he's mine.

You know what she brought me to eat?

Cat food.

She brought me cat food.

Cass, I'll take him off your hands for you.

Kramer!

Get these two downtown.

Dag them if you have to.

Yes, sir.

Come on.

I know nothing about any stolen guns.

All I know is that my lawyer ain't here yet.

Yeah, well, he better be a damn good one, Billy. Because we got people lining

up to tell us how you sold them guns and ripped them off.

I got to warn you, Gaddis, there's a lot of liars out there.

Someone would lie to the police.

I'm shocked.

You shocked, Cobb? Yeah.

I'm shocked.

And when are you supposed to meet a good cop?

Good cop died.

Sorry I'm late.

Well, Detective Cobb, we don't see you down here much.

Besides more, I like meeting new people.

Who the hell are you?

Your Honor, the only issue here is a student's intractably disruptive

behavior in the classroom, which the principal and the school board have

every right to address according to their own guidelines.

There is no freedom of religion principle at stake in this case, and I

move for dismissal.

Your Honor, my client, Martha Ellis, was expelled from the Adams Street School

for nothing more, nothing less, nothing other than attempting to exercise her

rights under the First Amendment to the United States Constitution.

Surely the overarching principles contained within that document

supersedes whatever bureaucratic rules that the school board may devise for

their own convenience. Judge Clausen. Ms. Zombrow. Mr. Kane.

As fascinating as the arguments are, they're beginning to circle back on

themselves. You may be right.

Or you may be right.

But given the nature of the disagreement and the constitutional weight of the

issues, I see no choice but to move ahead to trial.

The court will set the trial date, and counsel will meet with me in my chambers

tomorrow morning at 9.30 to devise the jury questionnaire.

Of course, I have to use the public defender's office. Working people cannot

afford private counsel.

You know, working people are treated like sewer scum in this country.

Taxed to death so we can pay Congress to tax us to death. And then just nitpicked

a distraction by bureaucratic idiocy.

If there's anything my client has said in my absence, it's inadmissible.

Hi.

When pigs fly.

Excuse me?

Miss Kirby. I have seen this man in action, and I have no desire to repeat

that experience.

Now, since I cannot afford a real lawyer, and since the public defender's

office can't seem to hire anyone with an IQ above double digits, I'll be

representing myself.

Anything my client says in my absence is inadmissible, and I will move to quash

this indictment on the grounds that Mr., uh, Mr.

On the grounds that my client is the victim and not the perpetrator in this

case.

If Mr.

Cohut can convince me that he's the innocently aggrieved party, I'm willing

to talk.

I didn't do nothing.

Why are you in that building, Mr. Cohut?

I was looking for a dog.

You see, this little dog got clipped by a car in the street outside, and it ran,

yapping into the building.

I just wanted to make sure the poor little thing was okay.

You know, it speaks well of Mr.

Kohut's moral fiber and social conscience that he was willing to risk

his own life to save that of an injured animal.

You had a lockpick and a knife.

That wasn't my knife. I never saw that knife before.

Your fingerprints were on it.

I have your record here, Mr. Kohut. One more felony conviction makes you a

career criminal.

Do you know what that means?

They got my kid.

What?

Mr. Kohut's son is in custody.

And if you want to see him again, somewhere besides a prison visitor's

room, you might want to think about revising your poor, injured dog story.

Breaks my heart turning over people like Cohut and that crazy broad to the DA's

office. Don't they ever think of me?

Tess said that wacky female bailed herself out. Hell, Cohut, he's in county

playing pinochle with Gordon.

Gordon? Where'd he tell us he lived? Way over on the west side?

Is this place right here?

Stupid liar. His phone number's listed.

Here.

Warrant. Knock-knock.

Anybody home?

Armani suits and a pornographic T-shirt.

This guy do like to make a fashion statement.

This place looks like hot goods are us.

Eight VCRs in their boxes?

Yeah, well, maybe he likes to tape his favorite programs.

He has a dozen TVs. He can watch them all.

What do you think you can do with these?

Cigs.

Nine millimeter.

How many?

Too many.

Look, I don't know what you're talking about. I'm a professional exterminator.

You shoot pests dead?

Who do you exterminate for?

I don't have to tell you who my clients are.

A lot of them don't want people to know they have rats.

Well, actually, I'm not sure the law recognizes an exterminator client

privilege as such.

Give it a rest, Gordon. We've been to your house.

You feed the goldfish.

Your house on Chalmers, the one with the guns.

They look like the guns used by two guys who killed a bank teller last week.

If it turns out they got the guns from you, you're looking at felony murder.

Hey, Mr.

Gordon has no record of violence.

Mr. Gordon has a very long record, and it's about to get a hell of a lot

longer. Come on, give me a break. It's not be nice to weasels, is it?

All right, look, I can give you Nick Stavro. He bought a load from me. He was

busted yesterday and made a deal. He's giving us you.

I'll give you someone else. The bank robbers.

I don't know nothing about that.

Have a nice night, Billy.

All right, look, I'll give you someone who killed six people in a fast food

place about five years ago.

What are you trying to pull?

You told me all about it. It's over.

Someone's been convicted.

Henry Constable.

I get it.

You're the guy who sent up the poor bastard. Who did it?

Sorry, pal.

You fried the wrong guy.

Yeah, me too.

Henry Constable. Is that the case in Father and Tess?

She didn't like the death penalty.

Somebody came up with a story about how Costable was innocent right before the

execution.

Bogus?

Surprise.

Are you there?

The execution?

Yeah.

How was it?

I didn't like it much.

We do take out the trash, don't we?

Are you still thinking about becoming an accountant?

You gonna tell her about Billy Gordon?

Tell her what?

And Tess, about Gordon's other shooter in the Constable murders.

Billy Gordon would say that he had Hitler in his closet if he thought it

would help him beat a rap.

Yes, he would.

Bunch of garbage.

I'm gonna forget I ever heard it.

It is not unreasonable that the plaintiff seeks to exclude those jurors

whose biases are anti-Christian. Not Christian and anti-Christian are not the

same thing.

No? No.

Just because I'm Jewish doesn't mean I'm against Christians.

In fact, some of my best friends are Christians.

I think we can cover this area adequately in the phrasing of the

question. How about...

In the event of a conflict between your religious belief and the mandates of the

law, which would prevail?

Well, that makes it sound as though there's an inherent conflict between the

two. There often is, Mr. Kane.

How about, do you think that a citizen of this country has the right to adhere

to his religious beliefs in all walks of his life? Or perhaps, do you feel that a

member of one religion has the right to force others to adhere to religious

beliefs with which they do not agree?

Hey, Kane is kind of fixated, isn't he? He's a good lawyer.

Hey.

Dickie. I, uh, I can't make lunch today.

Me either.

Tonight. Tonight.

I want to talk to Dickie.

So, what do you know about this guy Tess has gotten herself engaged to? I don't

know as much as Tess does. Bruce, why don't you ask her? I don't want to seem

nosy. I have to do some things with Gaddis. Need me here?

No.

Court is now in session.

The Honorable Judge Augustus Triandos presiding.

The people versus Patricia Kirby.

Excuse me, pardon me.

The last time we met, Ms. Kirby, and I was really hoping it would be the last

time, you were the victim.

And I still am. I mean, not that anyone in this madhouse gives a damn.

What is this about?

Miss Kirby is being charged with false imprisonment and unlawful possession of

a firearm, Your Honor.

What is this about a child, Miss Calvin?

The victim in this case has a small child from whom he was separated during

the period of time in question.

And they've been happily reunited?

Well, no, sir.

The victim is also being charged.

In someone else's court, I hope.

And where is this child?

Juvenile hall.

The little boy was arrested, too.

He's waiting disposition in juvenile court.

Do you have a lawyer, Miss Kirby?

If you call that walking virus from the public defender's office a lawyer, I...

Miss Kirby is choosing to represent herself, pro per.

It is seldom a good idea for a lay person to refuse representation, Miss

Kirby. I have an absolute right to represent myself, as you would know if

you kept up.

I can't force you to accept representation, Miss Kirby.

But I can and I will appoint a legal advisor whose counsel I urge you to be.

Mr.

Kaufman.

Mr. Kaufman.

Me, Your Honor?

I don't think you'll have anything to worry about, Johnny.

When the judge hears why you did what you did, I'm sure he'll go easy on you.

What's all that stuff she's doing with her hands?

That's how she talks.

I'm translating what she's telling you.

Cool.

Do you go to school, Johnny?

Sure.

When I'm not in this place.

What do you do after school?

My dad picks me up and we go do stuff.

Some lady with a clipboard already asked me all this.

You don't have to talk to me if you don't want to.

But I'd like to find out what kind of parent your father is.

Why?

We can only help him and you if we know the truth.

My dad's a great guy.

And I love him a whole lot.

Whoo, Miss Coughlin, I haven't heard from you on the Billy Gordon matter.

What Billy Gordon matter? He's being held on a stolen weapons charge. But

he's offering some very important information, Ms. Kaufman, in exchange

for leniency.

What information?

About the actual killer in the Juicy Burger case.

The one for which Henry Constable was executed.

Lord, I'm glad that wasn't my trial.

Oh, I'm sorry.

You had no way of knowing.

These criminals keep their secrets like a raccoon with a fish.

They lie, Miss Kaufman, even to their lawyers. I had this client once. When

did this happen? The trial?

The lie? The raccoon?

When did Billy Gordon say he had this information?

Last night. Miss Kaufman, I'm really surprised you didn't know. Detective

Cobb was there.

He was sitting right... Well, what's her problem?

What'd I say?

Tell you what?

Billy Gordon.

Billy Gordon?

Okay.

We picked up a crook by the name of Billy Gordon.

And he told us some lies.

No, I saw no need to trouble you with lies, Tess. I knew you'd be upset.

I am upset.

See?

Tess, I know that a man was executed. I saw it.

And you have mentioned this to me about 600 times.

It's a waste of time.

Talk to Barry.

Find out everything.

Okay. Excuse me.

Uh,

let me get this straight.

First, Rose Stepke says her dead husband committed the crime for which Henry

Constable was executed.

And now Billy Gordon says Elvis did it. No, not Elvis, Elvis.

Some hillbilly with sideburns. Street name, Elvis.

And do we have an address for Mr.

Elvis? I don't think he exists.

Billy Gordon will say anything to avoid going down on a weapons charge.

We have to look into it.

He should have at least...

Mentioned it, Cobb. Look into what?

Gordon will not give us anything except the imaginary name of a killer unless we

give him total immunity.

It hardly seems wise to offer immunity to a gun dealer in exchange for a wild

goose chase, Tess.

Well, he might have been telling the truth.

He has done nothing but lie since he was arrested.

Check the alias registers.

Investigate, Tess. Look, you hear BS like this from criminals every day. You

ignore it, okay?

This is different. Why is this different?

Because you happen to be the one who prosecuted a mass murderer who was found

guilty properly and executed?

Yes, that's different.

Candace, what does that say?

Elmo? You know, alias books are no damn good if nobody can read them except the

cop who wrote the damn name in there.

Elfie?

I heard rumor that these things called computers make looking things up real

simple.

It's Elephant.

Elephant? Lester Elephant Jones.

Weighs 300 pounds.

How many Elvis's you got?

Nine. One hound dog.

Two were in jail when the burger joint went down. The rest have old addresses.

Don't forget to check the Heartbreak Hotel.

Busy, Bruce?

I've had a very hard morning.

I was counting on a little more help from you in the school board trial.

I just had a three-hour conference with my assignee, Patricia Kirby.

She talked for two hours, 55 minutes.

I talked for most of the rest of the time. I mean, you are an associate now.

I do pay you a salary.

Maybe I could use the money to bribe Judge Triandos, get somebody else to

sign the case.

You've had tough cases before, Bruce. You've been in jail.

I mean, how hard can this be?

Do you think Dickie's a Nazi?

What?

That's one of Patricia Kirby's strongest defenses.

You're setting her straight.

Yeah, sure.

I explained the law to her.

It's under control.

Completely.

On what grounds are you moving for dismissal, Miss Kirby? On the grounds

that those two Nazis did not have a search warrant. Therefore, they had no

right to enter my office.

Your Honor, the police officers heard someone in distress and they responded

as they are expected to do.

What they found in Miss Kirby's office fully justified their decision.

Decision.

Decision-making requires a functioning brain.

Mr. Kaufman.

Yes.

Have you explained to Miss Kirby that there is such a thing as courtroom

etiquette?

I have, Your Honor.

In English?

Yes, sir.

You'll excuse me if I find it difficult to muster a whole lot of respect for a

process that is as moronic as this one is.

Miss Kirby, as tempted as I am to dismiss this case as a favor to my

ulcers, I can see no grounds for doing so.

The court will set a trial date.

Next case.

Miss Petruski, you have no preconceived notion about this case?

No. No opinion whether or not one version of God, for example, Mr. Kane's

version, should be allowed in a public school classroom.

Whether or not sectarian proselytizing should replace math and geography.

Your Honor.

Yes, Mr. Kane?

Am I alone in finding this line of questioning objectionable? What exactly

is bothering you, Counselor? Well, Ms. Zombrow's sarcastic tone, her implicit

assumption of superiority, her undisguised contempt for matters of

faith and grace.

On the contrary, Mr. Kane, I applaud anyone who can find faith and grace.

Faith must come from within, and grace is a mystery that cannot be solved in a

court of law.

Something we agree on.

at last.

Your Honor, this case is about free exercise of religious beliefs.

Miss Zombrow seems to be intent on excusing jurors with any religion at

all. Your client is free to exercise her religion.

She is not free to disrupt the lives of others to do so.

Counsel, in my chambers.

This case...

is about whether or not the school board acted within its lawful compass in

expelling the child Martha Ellis.

There are subsidiary religious and constitutional issues which cannot be

disentangled from the body of the case.

But I will not have my courtroom turned into a semantic battleground.

I will define the terms.

Religious belief or lack thereof on the part of any prospective juror is

irrelevant.

Unless that belief leads to irremediable bias toward one side or the other.

And we need not go around the polls to arrive at a determination.

Am I making myself clear?

Yeah, they called him Elvis.

I don't know why. He couldn't sing a note.

When did he move out?

Didn't move out. He snuck out.

When did he sneak out?

About eight months ago, a year.

You know where he went?

He stole my stereo on the way downstairs.

He don't send Christmas cards.

You might ask his girlfriend.

Girlfriend? Oh, she was, I think.

Waitress over there.

Dark hair, sour face.

A man was executed because I stood up in court and said that Rose Stepke's new

evidence was worthless.

It was worthless.

Then why did Billy Gordon's story lead you back to the same woman?

Tess, Billy Gordon's fairy tale wasn't any better than hers.

They didn't even name the same killer.

It is quite a coincidence, Cobb.

The same woman.

Will you listen to me, Arthur? These people are not like you.

They lie so much they don't even know when they are lying.

We've got to follow it.

It's going to come up blank again.

Well, maybe it came up blank last time because you didn't look hard enough.

What?

Because the death penalty doesn't bother you.

The only reason I'm not quitting my job right now, Tess, is I know how you feel

about the death penalty.

And that you somehow feel responsible for the death of a man who deserved to

die.

I just need to know if he was guilty.