All language subtitles for Law & Order s12e13 DR 1-102.eng

NARRATOR:
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.

Don't bug
my neighbors, dude. It's after 1:00 a.m.

There's no girls
left in there.

That's not my problem.

Dude, go get a drink.

All right, look,
one of them's hot.

If you ruin
my chances with her, I'm gonna kill you.

Dude, it's open.

No, don't go in there.
No. Mike.

Mike, let's get
out of here.

Oh, man.

DENNIS: Cynthia Hall, 24.
Got her head bashed in.

Looks like she was
dressed for work.

Where's the other one?

Back bedroom. Unis
found her when they got to the scene.

Susan Haley, also 24.
Roommates.

Wow. She get it
the same way?

Yeah. Bludgeoned.
Looks like death was instantaneous.

ED: Any sign of
a sexual attack?

Not from what I saw.

What about
a time of death?

From the body temp,
I'm gonna guess within the last three-to-six hours.

I might be able
to run some tests

on the blood stain
in the carpet,

pinpoint the time
she was attacked,

if you think that
might be helpful.

Knock yourself out.

Yeah, I also found this
in the living room. Matches a set in the closet.

The blood's all smeared.

Doesn't look like
we're gonna get any usable prints.

Free weight.

More like dead weight.

DAMON: People started
showing up around 9:00,

but the party didn't really
kick in until 11:00 or so.

Those girls could've been
killed during that time.

And nobody heard anything?

Well, the music
was pretty loud.

I'm seeing about 20,
30 names on this list.

Is this everybody
that was at the party?

Best we can remember.

Anybody on that list
you think might be capable of this?

Oh, man,
that would freak me out.

What about
that guy, Grandy?

MIKE: Well, the dude's
a complete ass,

but, nah, I don't think
he'd do something like this.

What you mean,
complete ass?

DAMON: You know, older guy,
crashed the party.

Totally wasted,
really obnoxious to all the girls.

When did this Grandy kid
leave the party?

11:30 or 12:00.
He didn't stay very long.

He said the party was
a total sausage fest,

not enough girls.

Yeah, I was hitting on
some of 'em, but so what?

We heard it was
more like groping.

These girls, man,
they can't take a joke.

Maybe 'cause
your act ain't funny.

So tell us
when you left the party.

I don't know.
I was drunk.

You got anybody
that can account

for your whereabouts
around 11:00?

Why you guys giving me
such a hard time?

BRISCOE: You were drunk,
you were groping girls in the bathroom,

and you left early
looking to get some, right?

Then two girls end up
killed across the hallway.

Whoa, whoa, whoa.
You think I did that?

I didn't even think
that girls lived next door to that apartment.

What makes you
say that?

'Cause I saw some guy
walk out of there.

What guy?
What'd he look like?

I don't know.

Well, was he white, black?
Short, tall? What?

He was a white guy.
He was, like, in his 30s.

You know, he had
a gray shirt on and, uh, blue pants.

Do you remember
seeing him at the party?

No, he wasn't at the party.

(CELL PHONE RINGING)

Yeah, Green.

Think you could ID him?

I don't know.
The guy was walking down the stairs in front of me.

Lennie, it's that
kid from CSU,

he's got something
on the time of death.

Keep working on your alibi.
And in the future, no means no.

According to the M.E.,
the victim was knocked unconscious

and bled to death.

The autopsy showed
she lost 1.9 liters fast and steady.

ED: You say that
like it's a good thing.

Oh, no. Sorry,
it's just that it let me replicate

the crime scene
conditions more easily.

See, I poured 1.9 liters
of animal's blood

on several swatches of carpet
from the victim's bedroom,

measuring absorption levels
at five-minute intervals.

What kind of animal?

Pig.

Where'd you get
pig's blood?

Slaughterhouse.
It mimics the consistency of human blood.

You gotta get out more, bro.

BRISCOE: So, how'd you know
how fast to pour it?

I subpoenaed
her medical records.

Uh, I got her BP
from her last physical,

and then I took into account
the size of the laceration.

I calculated a range of
about .1 to .2 liters per minute.

Good thing they didn't
scotch guard the carpets, huh?

Yeah. Here's the
absorption level at three-and-a-half hours,

and here's the swatch
I took from the crime scene at 2:17 a.m.

Looks like we got
a winner.

So, at 2:17 a.m., this
blood had been soaking

in the carpet for
three-and-a-half hours?

Yeah, give or take
15 or 20 minutes. Yeah.

Means she got her head
knocked in around 10:45.

When did this Grandy
leave the party?

Cordova interviewed
all the guests.

Three of them put him there
until at least 11:30.

Only thing he killed
was too many beers.

What about this guy
he mentioned?

The unis canvassed
the rest of tenants.

Nobody saw a thing.

Well, how about
a doorman or security cameras?

Building's got
a Sentrex Security System.

Anytime anybody's let in,
it makes a record.

Record didn't show
that the girls buzzed anybody up.

Well, and there was
no sign of forced entry,

which means that
one of the vics must have known whoever did this.

Also, the tox screen
shows some alcohol

in the girl
in the business suit.

Nothing in the other one.

Either of these girls
have family in the area?

Girl in the bedroom
had a sister.

She's coming in
to ID the body.

I can't think of anyone
Susan knew who would do this.

Did your sister
have a boyfriend?

Susan didn't date much.

ED: And what about exes?

Junior year in college.

But he lives somewhere
in California, I think.

What about Cynthia?

What about her?

Well, she always
had guys over.

Susan used to
complain about it.

Why?

Cynthia was into clubbing.

Susan said these guys
were kind of sketchy,

not the kind
you wanna bump into

on the way to the bathroom
in the middle of the night.

Did Susan ever mention
anybody in particular?

No.

It sounded like there was
a different one every weekend.

TAGERT: Cynthia was
one of the best financial analysts in our group.

This is her cube.

Has anything been moved?

Uh, it felt pretty weird,
but the cops told us

to leave everything
the way it is, so...

We're trying to retrace
Cynthia's steps, uh, after she left work.

Do you know where she went?

Home, I thought.

What time was that?

Around 8:30.

There's no appointments.

Is that the usual
quitting time around here?

Yeah, pretty much.

Hey, Matt, does the bank
provide a car service?

Yeah. Yeah, after 8:00.

The dispatcher says
your pick-up was at 8:20.

That's what he says.
I don't really remember.

Do you remember
where you went?

Says here I dropped her off
at East 83rd Street at 9:05.

Took you 45 minutes
to get uptown?

She's the one who
wrote down the address.

That's not what
he asked you.

Look, I know I'm supposed
to take them home.

ED: But?

She gave me 20 bucks,
asked me to take her to Williamsburg.

Where in Williamsburg?

Between Bedford
and Clinton. Near 7th.

It's not my fault
she got killed though, right?

We'll get back
to you on that.

So, you think she went
to the bolt factory

or the box warehouse?

Hey, check that out.

Hey, yo! Hold up!

Hey! Police!

Come here.

What? You scared
I'm gonna mug you or something?

Oh, we didn't know
who you were, you know.

Where were you
coming from?

There's an after-hours
club down there.

After what hours?
It's 10:00 in the morning.

All right, man,
get out of here.

Yeah, it's too bad
about Cynthia.

Used to come
to the club a lot.

How about
two nights ago?

Ah, nights kind of
bleed together, you know?

Poor choice of words, pal.

Car service says
they dropped her off here at 9:00.

We're pretty dead.

I mean, empty,
at 9:00, you know.

So, what was she doing here?
Helping you cut up limes?

Look, man, I'm getting
a contact high from all the fumes up in here.

You want us
to take this place apart?

Look, I don't sell,
all right?

Her friend was coming by
and wanted me to hook him up

with a number to call
and score a few grams of heroin.

All right, bro,
we need that number.

Who's this friend?

Uh, red hair,
maybe early 30s.

He have a name?

I think she said
she worked for him.

Matt, we need
to talk to you.

Uh, we're just about
to take her to day care.

BRISCOE: Why don't you
let them go on ahead. You can catch up.

Matt?
No. It's okay.

They just need to
talk to me about Cynthia Hall.

You guys go ahead.
I'll be right there.

You told us the last time
that you saw her, she was leaving work.

But you forgot
to tell us that you met up with her later.

You also forgot to
mention her hooking you up with some smack.

Now, your connection
has an alibi for the whole night.

What about you?

Do I need a lawyer here?

Yeah, if your wife finds out.

Other than that,
we're not sure.

Look, Cynthia
was my friend.

If I knew anything about
what happened to her, I would've told you about it.

You know, I kind of
doubt that, seeing as

how you lied to us
once already.

Look, if anybody finds out
about the drugs,

that could be
the end of my career.

Well, we can think of
the one person who won't blab.

Look, Cynthia and I
used to party together, but that's all.

So you two score
some drugs, you go back to her place, is that it?

Her place? No.

No. After that,
we went to another bar.

BRISCOE: Until what time?

A little after 11:00.

Think again, kid.

Cynthia was already
dead by 11:00.

We were at that bar
until at least 11:00.

More than 20 people
saw us there.

According to Tagert's
credit card record,

he paid their
bar bill at 11:17.

At least 10 people
saw them leave together.

I thought CSU narrowed down
the time of death to 10:45?

No. His calculations
were based only on the girl in the bedroom.

Now, if you figure in
the time it took Cynthia to get home,

those girls died
over an hour apart.

So, whoever did this
was already there when Cynthia Hall came home.

Yup. And Susan Haley
was already dead.

And that pretty much
puts Tagert

and the other kid, Grandy,
in the clear.

And us out of suspects.

Well, what about
this guy who was seen leaving the apartment?

If he's for real, he got
in that building somehow.

So, let's focus on access.

Maybe he piggy-backed
off somebody else who got buzzed in.

Yeah, except Grandy's
the only one that remembers seeing him.

Then we need to track down
everybody who was

buzzed into that building
before 10:45.

Look, if you have
a better idea, I'll be in my office.

Two uniform cops already
asked us about that night.

They spoke to my wife.

We're re-interviewing
everybody in the building.

We just have
a few more questions.

You ask me, they ought
to ban those kids from having parties.

The drugs,
all that noise, and now this.

Mr. Rothchild, according
to the security report,

you buzzed somebody
into the building at 10:08 p.m.

That was me.
I forgot my keys.

You buzzed yourself in?

No, uh, my wife.
See, she's gotta have that lactose-free milk,

and I gotta walk out
in the middle of the night, five blocks to the deli.

Why she can't remember
to get it herself in the daytime!

But did you happen to let
somebody in the building when you came in?

I never let in nobody
I don't recognize.

Did you ever notice
anybody hanging around

wearing a gray shirt
and blue pants?

Gray shirt and blue pants?

You mean like a uniform?

I saw one of those guys
coming out of that apartment a few weeks ago.

In the daytime.
I thought they were spraying for roaches.

The old man's mixed up.
I use an outside service for pest control.

Well, when do they come?

Third Thursday every month.

Tenants sign up
if they want it.

But neither of
those girls did.

Well, what if one of
your crew needs to fix something,

how do they get in?

I let them in.
I'm the only one with keys.

Wait, there are no spares?

Sometimes the tenants
make extras,

but they turn them in
when they move out.

So, how do these guys
lock up after they're through?

I might give them a key,
but just for the day. Then, I get it back.

I'm real strict about this.

We're gonna need
the names of anybody

that's worked in
that apartment in the past few months. Okay?

BRISCOE: Gee, Serge,
you're even prettier in person than in your arrest photo.

I got nothing to do
with those girls.

Yeah, well,
your assault charge

tells us that you're
a little prone to violence.

A loudmouthed Islander fan.

Practically self-defense.

The super also says that

you were in those
girls' apartment a few months back.

They had a broken
cabinet in the kitchen.

He says
he gave you a key.

And I gave it back,
same day.

Well, we have a witness
that saw somebody dressed like you

leaving the apartment
the night those girls were killed.

No. I left work at 5:00.

I was home all night.

You got anybody
that can vouch for that?

I don't know.
Uh, a neighbor,

somebody, maybe,
saw me. I live alone.

You better be
telling the truth, Serge,

or you're gonna be
fixing sinks at Attica.

I love it when they
don't have an alibi.

He could've made
a copy of that key during his lunch break.

We can run his
arrest photo with the local hardware stores.

Sorry,
I don't recognize him.

He works around here.
We're just trying to figure out

if he made a copy
of a key.

Says, "Do not duplicate."

Well, from the last
four places we've been,

we get the feeling
that's just a suggestion.

Couldn't tell you
if it's one of ours. We don't keep records.

Ed. Gray shirt,
blue pants.

Remember the super said
sometimes the tenants make extra sets for themselves.

Are you the only one
that makes copies of the keys?

My nephew helps out part-time.

BRISCOE: Is he here now?

Just weekends.
But he's not gonna remember either.

Like I said,
we make a lot of keys.

Well, we still
need to talk to him. Now?

Yeah, now.

MRS. HOBBS: He just left.

ED: He knew
we were coming.

No. He said
he had to go out.

You mind if we
take a look around?

Oh, okay.

Is Raymond okay?

My son didn't do
anything wrong.

ED: Lennie, in here.

Lennie, check this out.

BRISCOE:
The Yorkville break-in.

And another break-in.

Looks like
our boy's been busy.

What is it?

I think you better come
with us, Mrs. Hobbs. For your own safety.

Safety? Who should
I be afraid of?

He's Raymond Hobbs.
His uncle that owns the hardware store

says that he's quiet
and he keeps to himself.

And he lives
with his mother.

Hmm. Don't they all.
What about these other break-ins?

We're running 'em down.
According to the 61s,

he'd watch 'em sleep,
go through their underwear drawer.

"I heard
loud breathing.

"I woke up
and he was in the room."

Charming.
Did any of the girls ID him?

No, it always
happened at night. They'd wake up, he'd bolt.

Well, not this time.
What are we doing to find this wacko?

We've got unis canvassing
all the places his mother says he hangs out.

She's co-operating?

Yeah, she wants
her son safe.

Lieutenant,
two uniforms spotted Hobbs, and he took off.

He's got a female hostage
in a drugstore.

I chased him
a couple of blocks, but I lost him around the corner.

Next thing,
all the customers started pouring out of the store,

saying this guy's
got a knife to some woman's throat.

Is he still in there?

Crouched in the third aisle.
Tough to get a clear line.

We get anyone in
to talk with him yet?

Yeah, Captain Bolland, HNT.

He's been in there
10 minutes now.

Is there anybody
in the store besides Hobbs and the one hostage?

Well, not as far as we know.

Hostage negotiator
coming out.

OFFICER 1 ON SPEAKER:
Hold your fire. Hostage negotiator coming out

Hold your fire.

OFFICER 2: Hold your fire!

I'm alone.

Lieutenant Van Buren,
Detectives Briscoe and Green from the 27.

How's the hostage?

Okay for now,
but I can't get through to this guy.

Either of you have
any prior contact with him?

By the time
we got to his house, he'd already split.

What about bringing
his mother down here?

She could make things worse.

BRISCOE: How worse
can they get?

He's asking for a lawyer.

And if he doesn't get one?

He's gonna kill the hostage.

This is A.D.A. Southerlyn.

SERENA: What's the situation?

Subject has
one female hostage.

He's holding her
at knifepoint.

ESU wants to take him out
if they can line up a shot.

They wanted a D.A.
down here to observe.

I was told he asked
for a lawyer. Did he get one?

Can't risk another civilian.

Besides, who knows
what some legal aid lawyer might cook up.

Why not send in
one of your officers undercover?

Look, if he was smart enough
to ask for a lawyer,

he might be
too smart for that.

The subject just moved
We've got a clear line of fire.

Can we take the shot?

Wait. What if I go?

Go where?

He asked for a lawyer
Let me talk to him.

I can't let you
do that, Serena.

It's better than him
killing the hostage or you killing him, isn't it?

Keep him calm.
Never say no.

Speak in terms of
possibilities.

What if I get him
to surrender?

Have him lie on the floor,
put his hands behind his head.

That's best for everybody.

What about the knife?

Never take it from his hand.

Tell him to put it
on the floor and kick it to you.

But if he charges you,
put your hands up,

protect your face
and your neck.

Kevlar should
protect the rest.

RAYMOND: (SCREAMING)
Don't come in here!

Who are you?

You asked for a lawyer.

Yeah? I want you
to prove it.

Prove it!

This is my driver's license
and my bar association card.

Are you okay?

Don't talk to her!
Talk to me! Okay?

Okay. Okay.

I'm talking to you.

How many...
How many cops are out there?

I'm not sure.

They wanna kill me.

No. They don't want
anybody getting hurt. Including you.

No,no,no.They�
They think that I killed those girls.

I don't know what they think.

If they didn't,
why else would they come looking for me?

Sometimes police
make mistakes. It's always a possibility.

Look, I didn't
want to hurt them.

I didn't want to
hurt them, okay?

It just happened.
It just happened.

And everyone's gonna
understand that.

You're gonna explain
that to them, right?

You're gonna explain
that to them right?

Yes, I will.

What if they don't
believe you?

Well, we're getting
ahead of ourselves

because first you're gonna
have to let this woman go,

and then I can help you.

I promise
I won't let them hurt you.

Now, just put the knife
on the floor.

Put the knife on the floor.

(KNIFE CLATTERING)

SERENA: Ma'am, why don't
you just walk toward me.

And just keep on going,
just keep going.

Please help...
Please help me.

Down! Down!
Down on the floor!

Don't let them hurt me!

Help me! Please,
don't let them hurt me! Hands behind your head!

(SOBBING) Don't let them
hurt me! Please... Don't move!

(SPEAKING INCOHERENTLY)

Nice job, Counselor.

JACK: Are you sure
you're okay?

Just a little shaky still.

She was great.

Where's Hobbs now?

Briscoe's walking him
through central booking.

Is he gonna plead insanity
at arraignment?

He seemed to understand
the nature and consequences of his actions.

He kept a scrapbook
of similar break-ins,

and just about every
clipping that was written on the double slayings.

Apparently, Hobbs
would duplicate keys for young women

who came into
the neighborhood hardware store,

and then enter
their apartments when they weren't at home.

What about here?

Susan Haley must have
caught him and he reacted.

Why stick around
over an hour,

kill the roommate?

Well, there was a party
that was going on across the hall

that spilled out
into the corridor.

There were kids
coming and going, he was trapped.

And we figured once
he murdered the second girl,

he had to chance it.

Anyone place Hobbs
at the murder scene?

We have a witness
we think saw him leave the apartment.

I've already set up
the line-up.

Keep me posted.

FERNANDS: Has anyone
spoken with him?

No one's said anything
to influence the witness.

Just checking.

You've already thrown
some sharp elbows on this one.

"Sharp elbows"?

For some reason
my client seems to think that you were his lawyer.

At first,
I couldn't understand why a defendant would think

he was being represented
by a district attorney.

Mr. Hobbs asked for a lawyer.

If he made
certain assumptions, that's not my concern.

Mr. Grandy, this is
a one-way mirror.

You'll see five men,
but they won't see you.

Do any of these men
look familiar?

GRANDY: Uh, yeah.
The guy that I saw coming out of the apartment,

he could be number four.

"Could be"?

Yeah. I told the cops,

I pretty much saw
the guy from behind, so...

VAN BUREN:
Thank you for your time.

Strike one.
Here's two and three.

Motions to suppress
Hobbs' statements

and the evidence
found in his apartment.

I thought Briscoe and Green
had the mother's consent.

Well, Fernande
is arguing relevance instead.

And the statements?

She contends that
I talked to Hobbs

without giving him
Miranda first.

The armed ESU team
outside the store

makes this
a custodial situation.

But I doubt Miranda applies
to hostage takings.

That's just what
the defense will argue.

SERENA: It wasn't
an interrogation.

Nothing I said was
designed to get Hobbs to incriminate himself.

I was very careful.

That may be the problem.

That you were concerned
whether Hobbs' statements would be admissible

suggests you wanted him
to make them.

I'll go research
custodial situations.

You have to withdraw
from the case, Serena.

I can't even second chair?

You can't prosecute him
if you're testifying against him.

Up first, the evidence found
in the defendant's apartment.

Newspaper clippings.

Apparently Mr. Hobbs
has a propensity

for entering young
women's apartments without their permission.

Or a morbid fascination
with people who do.

Argue what you want
in front of a jury,

but under Molineux,
I can establish intent and pattern

using evidence of
uncharged crimes.

Clipping newspaper articles
isn't a crime.

But stalking is.

We believe those clippings
relate to break-ins Mr. Hobbs committed.

Key word being "believe,"
Your Honor.

I agree.

I can't allow evidence
of other crimes

when I'm not satisfied
that the defendant did, in fact, commit them.

What's next?

Mr. Hobbs' statement,
Your Honor. What about it?

It was taken in violation
of his Sixth Amendment right.

He requested an attorney.

That request was
made at knifepoint.

There's no knifepoint
exception to Miranda.

Once a person asks
for an attorney, all interrogation must cease.

JACK: Mr. Hobbs
was not subject to interrogation.

He asks for a lawyer,
and the police send in a prosecutor.

What would you call it?

Heroic.

Well, that may be,
Mr. McCoy,

but the defendant
did request counsel prior to making the statement.

Now, I'm not going
to allow someone pretending to be his lawyer

to tell the jury
what he said.

Then, let the hostage testify.
She was there, too.

So, even assuming
a right to counsel did attach,

the presence of this
other woman destroyed

whatever privilege
may have existed.

Judge, if you allow that,
you'd be permitting an end-run around Miranda.

Miranda doesn't
apply to civilians like Mrs. Williams.

Besides, the state didn't
place her in that store,

Mr. Hobbs did.

He's right, Ms. Fernande.
If the hostage's testimony

provides your client's
undoing, he has only himself to blame.

But I want to hear
her version before I make my ruling.

She doesn't sleep.

She closes her eyes
and she sees him.

That's all she remembers,
the look on that man's face.

I can understand
how frightening this must have been.

But your wife's
the only option we have left.

What if she testifies
and he still goes free?

I don't think
that's likely to happen.

All you have to do
is tell this judge what he said, Mrs. Williams.

The lawyer who
came in to help you

told me how strong
you were in that store.

How you kept calm,
even with a knife at your throat.

She can't.

No.

He's right. This woman
risked her life for me.

I've got to try.

MRS. WILLIAMS: The man said
that the police think he killed those two girls.

Then, the woman lawyer
told him that maybe the police made a mistake.

JACK: What did he say then?

He said he didn't mean
to hurt them. That it just happened.

And what did you
understand him to be referring to?

Objection.

You can answer that.

Killing those two girls.

Why did you think that?

Because the man asked
this lawyer to explain

what happened for him.

What happened with him
and those girls.

Thank you.
Nothing further.

Did my client actually say
he killed those two women?

He didn't use
those words, no.

So, he didn't admit
to killing anyone, did he?

No, he didn't admit it, but...

By the way,
when my client asked Ms. Southerlyn

if she would
explain his side, what did she say?

She said she would.

In other words, she lied.

Objection.

Never mind.

Plea bargain?
Why should I?

That testimony was
far from ironclad.

The judge
found it convincing.

Well, we'll see
what a jury thinks.

A jury will seize
any opportunity

to protect their daughters
from Mr. Hobbs.

You don't want to
chance losing this.

Mr. Hobbs faces
two counts of murder one.

The question is,
how much is he willing to chance?

(KNOCKING ON DOOR)

Hmm. How'd it go?

Took a plea.
Murder two, 15-to-life.

Less than eight years
for each woman.

No forensics,
our line-up tanked,

and there were problems
with his statement.

So, in other words,
it's the best you can do, given your misrepresentation.

I never told him I was
a defense attorney, Nora.

A lie of omission
is still a lie.

I forgot you were
an ethics professor.

I'm afraid the issue
isn't academic, Serena.

I just received these
from the first department's disciplinary committee.

They're initiating
disbarment proceedings against you.

I cannot believe
this is happening.

What grounds are they
giving for disbarment?

Violation of
disciplinary rule 1102.

"Engaging in dishonesty,
deceit, or misrepresentation."

I never told Hobbs
I was a defense lawyer.

They claim you let him
believe you were.

If I hadn't, he would have
killed the hostage.

Which is what
you'll explain to the disciplinary committee.

Who are all lawyers
in private practice.

It's pretty unlikely
there'll be a prosecutor on it,

and they're not about to
do me any favors.

Nora's also taken me off
the trial schedule.

You're not being punished.
She just can't have you risk a trial right now.

In case I get disbarred
in the middle of it.

Have you found
an attorney yet?

No.

Apparently lawyers
hate appearing before the disciplinary committee,

even as advocates.

I'm not sure
it's such a good idea, Jack.

JACK: She needs
all the help she can get.

Aaron Solomon is leading
the charge against her.

Well, I imagine
a former defense attorney

will jump at the chance
to nail a D.A. for ethical misconduct.

She made a tough choice
in a difficult situation.

We've all been there before.

And we've had to face
the music when we have.

You know, her motives
might've been pure,

but it was
a questionable decision.

She saved lives, Nora.

So did the prosecutor
in Denver in the same situation.

That didn't stop
the Colorado Bar from coming down on him.

It's when
the stakes are high,

the rules are most
difficult to follow.

And if no one ever
pushed the limits,

the rest of us
wouldn't know what they are.

It's that kind of thinking

that's gotten
you hauled before the disciplinary committee.

All the more reason
I should represent her.

I know the territory.

I was scared of the police.

I was afraid of what
they were gonna do to me.

So, you asked for a lawyer?

Yeah. I wanted
somebody that...

That I thought
would protect me.

SOLOMON: And did you
believe Ms. Southerlyn to be that person?

RAYMOND: Yeah.
She said she was a lawyer.

She showed me
her driver's license, her lawyer's card.

Did she ever tell you
that she was a D.A.?

No.

What did she tell you?

She told me that
she was gonna help me.

She said that she was
gonna explain to everyone

that what had happened
to those two girls was an accident.

Did she do that?

No. She did not.

She tried to put me
in prison instead.

Strange way for
one's own lawyer to act.

Two women
bludgeoned to death, and you're the victim?

I'm sitting in prison
because she lied.

You're sitting in prison
because you murdered two people.

She violated my rights.

JACK: At the time
you requested a lawyer,

you were threatening
the life of another woman.

I wasn't gonna hurt her.

JACK: According to
your testimony,

you didn't intend
to harm those other two people either, did you?

She still shouldn't have
lied to me!

JACK: You crushed the skulls
of two women,

held a knife
to the throat of another,

why should this woman
have felt safe enough

to be truthful with you?

She violated my rights!

I never told him
I was a defense attorney or that I was his lawyer.

But you didn't
disabuse him of the notion that you were?

He was holding
a woman hostage.

If you hadn't gone in,
do you think Mr. Hobbs would've killed her?

Yes.

And I also believe
it would've been wrong to take the chance he would.

If your goal was simply
to save Alicia Williams' life,

why didn't you just ask
Mr. Hobbs to release her

as soon as you
entered the store?

I wanted to establish
some degree of...

Some degree of trust?

Yeah.

And if he believed
you were his lawyer, that might go a long way?

What he believed
didn't concern me.

Oh, of course it did.
If he'd found out you were a D.A.,

he might've killed
the hostage, isn't that the point of your testimony?

He might have killed me, too.

There also came a time when
he asked for legal advice.

Yes.

Did you tell him then
that you weren't his lawyer?

No.

Did you bother
to tell him that even if you were his lawyer,

any conversation
you had with him

wouldn't be privileged
with the hostage in the room?

So, either
you're a bad lawyer...

JACK: Objection.

Which I don't believe,

or you didn't
because you needed the hostage in the room.

Otherwise,
Mr. Hobbs' statements would've been privileged,

and you couldn't
use them at trial.

Is Mr. Solomon
asking a question?

Ms. Southerlyn,
were you trying to save a life,

or protect your evidence?

I'm not accused of
trying to have my cake and eat it, too.

I'm accused of trying
to deceive Mr. Hobbs

when I didn't do
anything deceptive.

Really? Uh,
how did you prove to him you were a lawyer?

I showed him
my bar association card.

Weren't you also
carrying your district attorney's badge?

I didn't say anything
to deceive Mr. Hobbs.

So, a moment ago

when you said
you didn't do anything, uh, that was a lie?

I misspoke.

Uh, is there
any other testimony you might want to clear up?

Because I don't
want to give the panel

the impression
that you're a liar.

I'm not a liar, Mr. Solomon.

That's right, I forgot.

You only omit the truth.

(SIGHS)
That could've gone better.

I think the panel saw
he was trying to trap you.

Well, instead of
my actions being justified by the situation,

he made it look like
I was trying to take advantage of it.

(PHONE RINGING)

McCoy.

Thank you.

We may have
another problem.

Solomon just subpoenaed
an expert witness.

Who?

A former ethics professor.

SOLOMON: Nora Lewin is
uniquely qualified.

She's held the same job
as Ms. Southerlyn,

and she's an authority
on legal ethics.

She's also a sitting
district attorney. It's a stunt.

Who better than her boss
to evaluate her conduct?

She's also my boss.
Having me cross-examine her

creates a conflict
of interest.

You might have
considered that

before involving yourself
in this, Mr. McCoy.

Ms. Lewin will respond
to the subpoena.

SOLOMON: Prior to coming
to the D.A.'s office, you were a professor of law?

Yes.

And one of
the courses you taught was legal ethics?

That's right.

Could you tell us,
Ms. Lewin, if one of your former students

came to you with
this hypothetical,

how would you have
advised him?

I honestly don't know.

Don't you? I mean,
you've prosecuted defendants

you didn't believe
deserved prison,

sought the death penalty
when you thought it wrong.

You've always put the law
above your personal feelings.

How would this situation
be any different?

I wasn't there.

Oh.

Well, what would you have
told your student about the content of that rule?

I would have told
my student to read the rule for himself.

Fair enough. Let's do that.

Um, DR-1102

states in relevant part that,

"A lawyer shall not
engage in conduct involving dishonesty,

"fraud, deception,
or misrepresentation."

Now, would you consider
Ms. Southerlyn's actions to be in breach of that rule?

Objection.

The answer goes
directly to the issue

to be decided
by the committee.

She's an expert witness
offering an opinion.

I'll let her answer.

Ms. Southerlyn was
faced with a unique and difficult situation.

Um, here's a copy of the code.

Which provision allows
for exceptions

to difficult
and unique situations?

None.
And why is that?

Because if lawyers
could substitute their judgment

for the ethical rules,
those rules would be meaningless.

SOLOMON: And they would
also be meaningless

if in violating them,
there wasn't some form of punishment, correct?

Correct.

Thank you very much.

You were a law professor
for 21 years,

but you've practiced
for less than nine.

Interesting statistic,
but it's not a question.

How much of your
expert opinion is based

on practical experience
prosecuting cases?

My opinion is based
on the disciplinary rules.

You can't believe
that the code of professional responsibility

is more important
than a human life?

No, of course not.

So, in certain situations

where a human life
is at stake, you might consider

the breach of an ethical
rule to be justified?

I might follow
my conscience instead of the law. Yes.

However...

Have you terminated
Ms. Southerlyn's employment?

No.

Placed a reprimand
in her file? No.

Because you're
unwilling to punish her

for a difficult decision
made in the heat of the moment.

That's right.

A moment ago you said
that you weren't there.

But if you could save
a victim's life

by violating an ethical rule,
would you?

Yes, I think I would.

Just one question, Ms. Lewin.

If you did violate that rule,
would you expect there to be consequences?

Yes.

Well, I'm glad I make
my living on the other side of the witness box.

I thought you handled
yourself pretty well.

Well, I only hope
I get to return the compliment someday.

How is she?

Her career is on the line,

and her boss is
a key witness against her.

You won't screw this up
will you, Jack?

Just so long
as they don't call anymore experts.

SOLOMON: Ms. Southerlyn
did a very brave and selfless thing.

Why should we punish her?

Isn't this a situation
where we should just look the other way?

Well, the problem with
looking the other way

is that it involves us
turning our backs on the ethical rules

that define our profession,

that guide our judgment,
that hold us to a standard worthy of the public's trust.

If we reject those rules,
we are all lost.

That being said, I agree
that it would be wrong

to disbar Ms. Southerlyn
for doing the moral thing.

But doing the moral thing
wasn't her only goal.

With Alicia Williams'
life on the line,

she decided to manipulate
the situation to her own ends.

She tried not only
to save a life, but save a case as well.

That she did so is
a conflict of interest

that makes
her conduct unethical.

That she did so
through fraud

and deception makes
her conduct inexcusable.

And worthy of disbarment.

There's no question that
what Serena Southerlyn did saved a life.

She probably also
saved the life of the man

whose rights
she's accused of violating.

How could you think
of disbarring her with that result?

A D.A. is an officer
of the court, like all lawyers,

but when he or she
goes to work,

it's also with an obligation
to protect the public

against people
who break the law.

Because in addition
to a bar association card,

Ms. Southerlyn also
carries a badge.

Police officers
use deception

to apprehend criminals
every day.

The law lets them.

Because the law understands

that they are
on the front line,

that their lives are at risk.

This was a unique situation

where an Assistant
District Attorney

put her life on the line
to protect us.

And when it was over,
everyone walked out alive.

This lawyer had
a moment to choose

between being a lawyer
and being a person.

What would
we have all thought

if she'd made
a different choice?

We are sympathetic to
Ms. Southerlyn's argument that her ends justified her means.

However, we believe
our system of law is rooted in the maxim

that the ends never
justify the means.

That is why judges free
accused murderers

whom we all assume
to be guilty

when the evidence
has been obtained illegally.

That is why juries
acquit defendants

when the People
haven't proven their case beyond all reasonable doubt.

Ms. Southerlyn,

we find you in violation
of DR1-102A, sub 4.

Our recommendation
to the appellate division

is that you receive
a private reprimand.

Given the difficulty
of your dilemma

and the fact your conduct
is unlikely to be repeated,

we feel disbarment
would be inappropriate at this time.

Thank you, Jack.

Happy to do it.

Celebrating?

Please join us.

Is that scotch?

We're lawyers, what else?

No, I'm driving.
I'd better not.

I just came by to
tell you I put you back on the trial schedule.

I appreciate that.

And I can appreciate
what you did.

But, you know,
if you wanted to save people,

you should've
become a doctor.

(CHUCKLES)

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