All language subtitles for Law and order S19E09 - By Perjury

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.

Top you off?
Thanks.

And let me get
another piece of
that raspberry pie

with a scoop
of vanilla ice cream.

Oh, aren't we
in a fine mood
on a dreary night?

That stuff
must really work.

Yeah, works for me.

Got a lady
joining you?

Oh, even better.
I'm get to
stick it to a guy

who's been
sticking it to me.

I'll be right back
with that pie.

Guy in that bodega
heard shots,

saw a dark colored
SUV burn away
from the intersection.

Two shells, 9-milimeter.

DOA's
a Charles Sawyer.

Address in East Meadow,
Long Island.

Business card says
he's a contractor.

The weapon
was fired from here,

maybe when the car
was stopped
at the stop sign.

Driver's foot
came off the brake,

and it rolled into
the streetlight.

One shot to the head.

The passenger
window's open.

Maybe he rolled it down
when the shooter
in the dark SUV

pulled up
on the right side.

Maybe somebody he knows.

We got two more shots.

Three shots,
and only two shells.

We'll need all the texts
and the calls
from his cell phone.

"Connelly and Seltzer
Law Firm."

And the winner is...

Charlie's divorce papers.
Unsigned.

Well, the divorce
is final now.

Charlie had
the divorce papers
for three weeks.

Then all of a sudden
yesterday he calls,

quick, quick he wants
to come over

and get me
to sign them.

Any idea why the rush to
get the divorce finalized?

I figure the only reason
men want a divorce

is they've met the next
woman they want
to drive crazy.

What were you two
fighting over
in the divorce?

Nothing.
Just feelings.

We got no kids,
the bank owns most
of the house.

Oh, he had
this little place

up in the Poconos
from his mom.

She died last summer
from emphysema.

What about his
contracting business?

I heard it wasn't
going so hot.

He had to borrow
a load of money

from some,
you know, people.

Hey!
Hey, hey, hey!

Get off! Get off!
The hell you going
to stop me.

Get it off the truck
right now!

Hey! Hey!
Police, break it up.

Officers, he's trying to
steal our equipment.

Aw, you lying sack!
Sawyer owed me money.

Come on,
let's talk over here.

Hey, you men unload
that backhoe.

Let me see some ID.

What's going on?

I lent Sawyer
a hundred grand.

Yesterday he tells me
he's going to have
my money on Friday.

This morning
I hear he's dead.

I figure if
I'm ever going to
get my money back,

I better get here quick
before it all gets
tied up in court.

That's not
the way it works,
Mr. Biaggio.

You're going to have
to stand in line with
the rest of the creditors.

The guy's
not even dead a day

and already the vultures
are picking at the bones.

How long has that vulture
been circling?

Charlie was into him
for a brick.

Biaggio was leaning on him
to pay up.

Doesn't look like
his prospects were too bright.

Your job board's empty.

Not that Charlie seemed
to notice.

How do you mean?

Yesterday,
we had an appointment
to bid on a job.

Charlie blew it off.

Said he had something
important to do.

Mr. Biaggio said
that Charlie was going
to pay his debt off

by the end
of the week.

You know anything
about that?

No.

Look at how
the guy lived.

He couldn't even
barely afford to
keep the lights on.

This story about coming
into some money

could just be Sawyer
playing for time.

Except he passed up
on a job,

and pushed his wife to
sign off on the divorce.

Any idea what
he was doing
in the city?

Uh, eating raspberry pie.

That's what he had
in his stomach.

M.E. Figured Sawyer
chowed down

within an hour
of being shot.

What about
his cell records?

Here they are,
right here.

All right, we got
outgoing calls to
his ex-wife, Nick Biaggio,

and his
construction office

and to two law firms,
neither of which were
handling his divorce.

Then, incoming
from his ex-wife,
his construction office.

The last call came in
11 minutes before
he was shot,

from a phone booth
on Leonard and West
Broadway.

It's a few blocks
from the crime scene.

Can you it up
on the map?

Just a second.

Let's see a street view.

Check out the diner
across the street.

"Fresh Homemade Pies."

Mr. Raspberry Pie.
Came in here,

sat right there
by himself
for an hour.

Tipped me ten bucks.

The pie man was flush?

Just deliriously happy.

I thought
he'd been sucking on

that oxygen tank
he had with him.

Oxygen tank?
Mmm-hmm.

No bigger
than a thermos.

What was he
so happy about?

He said he was going
to stick it to the guy

who was
sticking it to him.

And who was that?

The guy who he said
he was waiting for.

I don't know,
that would be my guess.

He got a call
and he left.

Excuse me.

Charles Sawyer
wasn't a client.

On the contrary,
Mr. Sawyer
and his mother

were suing one of
our clients.

And what client
is that?

PanWorld Airlines.

The... The crash
off Long Island,
what, seven years ago?

Yeah. Flight 33
to Miami.
Uh-huh.

Mr. Sawyer's father
was on the flight.

Mr. Sawyer
and the families of
the other 96 victims

have a class action suit
against PanWorld.

You close
to a settlement?

Hardly. We're far apart
on numbers

and nowhere
near a trial.

It didn't help that
the original judge
on the case

was killed by one
of the plaintiffs
five years ago.

So, why did
Sawyer call your office
a couple days ago?

He said he had
some good news
for my client,

and he wanted
a meeting.

Good news
for PanWorld?

He wanted to
cut a side deal
with you guys?

It's not unusual to
have a renegade litigant
in a class action suit.

What was
Sawyer's good news?

We didn't get that far.

I told him
it was improper for me
to speak to him

without the permission
of his lawyer.

The explosion
ripped a hole
in the fuselage.

The FAA
ruled out terrorism,

so that leaves negligence
on the part of the airline
and the manufacturer.

How much is this lawsuit
worth, Mr. Winston?

I represent
the families of
46 of the victims.

With punitive damages,
we're looking at multiples
of a hundred million.

Our records show
that Charlie Sawyer

called you the day
he was murdered.

Yes.
He called every week,

asking when he was going
to see his money. He...

I know things were
tight for him.

Thanks, Wanda.

These are depos
from the airline's
own mechanics

about working double shifts
and rush maintenance checks.

We even have affidavits
from whistle-blowers.

Before he called you,
he told PanWorld's lawyers

that he had good news
for them

and that he wanted
to settle.

What kind of good news?

That he didn't say.

Knowing Charlie,
he was working an angle.

"So, you and your clients
are nothing but CIA lackeys.

"How much are
the Islamo-Fascists
paying you

"to hide the truth
about Flight 33?"

There's a pack of
conspiracy nuts

that have turned
this tragedy
into an industry.

They've got books
and blogs to peddle.

Some of them
have even harassed
my clients directly.

Do you
have a warrant?

Not that that matters.
I mean, your kind,

you don't care
about warrants,
do you?

You will not silence me,
you know.

Mr. Belanger, we're not
the men in black.

So, you think
this is funny.

Not really.
Ninety-six people
are dead.

Ninety-seven if you count
Charles Sawyer.

You do know
who he is, don't you?

He's a plaintiff
in the lawsuit

whose silence
was for sale. Yes.

You sent the victims'
families letters

urging them
not to settle.

You were
harassing them.

I was harassing them?

Please, they were
harassing me.

Not a week went by
when this Sawyer fellow

didn't post some
anonymous screed
on my blog.

If it's anonymous,
how do you know
it was him?

Because I keep
meticulous record of
every IP address

that drops a comment
on my website, huh? See?

Name, login address,
date, time.

Sawyer posted some of
his idiotic drivel
just this past Tuesday.

The day he was shot.
Can I see this?

Well...

Have at it.
I'm going to
go call my lawyer.

Okay.

Okay, so,
Sawyer logged in from
Henryville, Pennsylvania

at 10:16
in the morning.

Henryville's in
the Poconos

and his mother
had a house there.

Maybe Sawyer kept
his facts there.

What the hell
happened here?

Looks like
Charlie's good news
blew up on him.

The place's been
on the market

since Mrs. Sawyer
died last summer.

Her son stays here
from time to time.

This damage
looks recent.

It happened
last Monday morning.

I called Charlie Sawyer.

He came out here
Monday afternoon.

So, what happened?

Oxygen tanks
inside the house blew up.

Let me show you.

Mrs. Sawyer
had emphysema.

She needed oxygen.

There were a couple
of unused tanks

that had been stored
next to the furnace.

Once the weather got cold,
the furnace fired up,

these tanks got too hot
and exploded.

Ripped a pretty nice hole
into the side of the house.

Last time we saw
a hole like that,

it was on the side
of a plane.

The lab said that
if an oxygen tank

was placed
in the cargo hold
of a plane,

it can be subjected
to temperature spikes,

and if it exploded,
it can bring
the plane down.

Was an oxygen tank
found in the debris
of Flight 33?

No, but the debris field
covers a half a mile
of deep water.

I talked to Charlie's uncle
in Miami.

Charlie's mother
was on holiday there
seven years ago.

Her husband was flying
to join her when
plane went down.

The uncle remembers her
asking her husband
to bring extra oxygen.

So, Charlie's father
put an oxygen tank
in his luggage?

No way to tell.
But Charlie might've
assumed he did

when he saw what
an exploding tank did
to his mom's house.

That could be the good news
that he had for PanWorld.

An exploding tank would
rule out negligence

as a cause of
the accident.

And the airline would
be off the hook.

And in turn
for a payoff,

Charlie gives them
a defense.

And the rest
of the plaintiffs
would be out of luck.

Hey, Charlie had
an oxygen tank
with him in the diner,

probably
for show-and-tell
at PanWorld.

It was missing
from his car
after he got shot.

Talk to his lawyer,
see if he's been in touch
with the other plaintiffs.

I got to tell you guys,

PanWorld's counsel is
the top aviation litigator
on the East Coast.

If there was
an oxygen tank
in the cargo hold,

they would've been all
over it years ago.

We're not saying
Sawyer's theory
was true,

just that somebody
thought it might be.

And they killed him
before he could
tell PanWorld.

"They" meaning who,
another plaintiff?

Was Charlie in touch
with any of them?

They have support groups,
websites.

I can't keep track
of them.

There are other lawyers
representing the families
of the other 50 victims.

You might ask them.

What about
among your plaintiffs?

You mean as a suspect?

Some of them
have criminal records,

few others could use
anger management classes.

Come by tomorrow,
I'll show you their files.

Just for the drill,
where were you
Wednesday night?

Our lieutenant would
want us to ask.

Yeah, besides,
you do have
a financial stake

in this, right?
If you win the suit?

You're serious?

You going to tell us
or you want to consult
with a lawyer, Counselor?

Don't get hostile,
Detective.

I was at home
Tuesday night

and, yes,
I live alone.

Call me tomorrow
if you want

to take a look
at those files.

He might as well
have told us
he has no alibi.

I admit he's got
a financial motive.

A third of
four hundred million?

That's not a motive,
that's imperative.

Yeah, but you saw
Winston's car,
light gray Beemer.

Eyewitness saw
a dark colored SUV
leave the scene.

You just don't
like lawyers.

Nothing personal, Lupes,
all right?

Oh. Hey,
Winston had an arrest

in Henryville,
Pennsylvania
last Wednesday.

Day after Sawyer
was shot.

Right, last Wednesday.
Arrested for what?

Doesn't say.
The disposition
was sealed.

If the record's sealed,
I don't have the authority
to open it.

I'd be breaching my powers
as County Attorney.

Ryan, that affidavit
you gave me yesterday?

I need you
to do it over again,

this time in English,
if you can manage it.

Yes, sir,
Mr. Bainbridge.

Please. Mr. Winston is
a murder suspect, sir.

Sorry.

You want a look
at that arrest
in Henryville,

get an unsealing order
from a County Judge.

They're in session
every other Friday.

I need that affidavit
tomorrow morning, Ryan.

Two weeks from now
is a long time.

Who took a dump in
that guy's breakfast, huh?

Bainbridge?

Yeah, can't live with him,
can't shoot him.

This is a pretty
tricked out patrol car.
What's it do?

I got it up to
195 last week.

No kidding.

We don't have
anything like this
in New York City.

If you're ever in town,
look us up.

We'll take you out
for a steak at Sparks,

show you where
they gunned down
Big Paul Castellano.

Oh, yeah?
Okay if my husband
comes along?

Oh, sure he can.
We're not jealous.

Have a good one.

Hey.
Yeah?

That arrest
in Henryville?
Uh-huh.

What's Winston's
first name?

Martin.
It was last Wednesday.

All right.
All right, promise me

this does not
get back to Bainbridge.

Okay, deputy responded
to a prowler call
at 0600 hours

at the home of
Bernadette Sawyer.

Arrested Martin Winston
for criminal trespass.

Uh, hey,

Winston might have
been making sure

Sawyer didn't leave
anything behind

connecting
the house explosion
with the plane crash.

What happened
after the arrest?

The sheriff voided it
after confirming

he was the...
the attorney.

What's this about
a black Lexus?

Well, the deputy
ran the vehicle
Winston was driving.

It was a black Lexus SUV.

Registered to
a James Hewitt,

188 East 79th Street.
New York City.

Same apartment building
as Winston.

Thanks.

Are you friendly
with Marty Winston?

Marty, down the hall?
Yeah, sure.

Did you give him permission
to drive your Lexus
while you were out of town?

The only thing Marty had
was permission

to take my newspaper
while I was away.

You mind if we look
at your car?

I usually leave the key
with the guy out front.

He keeps it
in a drawer.

You mean the drawer
he keeps unlocked

while he takes
a bathroom break?

We saw that drawer.

Have you driven the car
since you've been back?

Yeah, yesterday.

You notice anything
unusual inside?

Uh, no.

But the wiper
on the driver's side...

I don't know,
it's not working.

Let me see
your flashlight.

Looks like there's
something jammed in here.

Can I see
your pliers?

Okay, hold that
right there.

Looks like
a 9-milimeter shell casing.

Mr. Winston.

We're late for
a trial conference.
Make an appointment.

Yeah. Hold on.

You better have
a damn good reason
to put your hands on me.

How about this?

You're under arrest
for the murder
of Charlie Sawyer.

I want to see
an arrest warrant.

Oh, my bad.

I think I left it
in Henryville.

By the way,
the sheriff says hi.

Docket number 86947.

"People v. Martin Winston.
Murder in the Second Degree."

How does
the defendant plead?

I'm not guilty,
Your Honor.

And I'm appearing pro se.

You're a lawyer?
A litigator.

But I'm sure I can
master the intricacies
of Criminal Law.

An ego's no substitute for
common sense, Counselor.

But it's your funeral.
Bail, Ms. Rubirosa?

The People seek remand.

I'm not going
anywhere, Your Honor.

I'm plaintiff's counsel
in the Flight 33 lawsuit.

One of
the largest class actions
in the Southern District.

I intend
to see that case
to the end.

Your Honor,
Mr. Winston is
charged with killing

one of his own clients
in that lawsuit.

Hold on, Ms. Rubirosa.

Flight 33. So, you're
that Martin Winston?

Yes, Your Honor.

And it would be
a tremendous disservice
to the aggrieved families

if their lawyer
was denied bail

and unable to
represent their interests.

I agree. Bail is set
at one million dollars.

That won't be a problem.

One last thing,
Your Honor.

I would ask the Court
to impose a gag order
on all parties

and to close the courtroom
to the press and the public

until these
ludicrous charges
have been disposed of.

We have no objection
to a gag order,

but closing a courtroom
violates the spirit

of the First
and Sixth Amendments.

The rights of
the Flight 33 families
take precedence.

I don't want
the District Attorney's
vendetta against me

to taint
a potential jury pool
in that case.

It's overkill.

Your Honor, there are
procedures in place
to ensure that the jury...

No, Ms. Rubirosa,
Mr. Winston has a point.

I'm going to
grant his motion.

Next case.

First order of business.

A financial
disclosure affidavits.

I'm gonna need one
from each of you.

If you own stock
in PanWorld Airlines,

it's a conflict
of interest.

This is all you can
come up with?

You laying the foundation
for ineffective assistance
of counsel?

I'm sure you're used
to steamrolling
over defense lawyers.

That's not going to
happen this time.

No doubt we have a lot
to learn

from a tough litigator
like you.

You're going to
learn something
about commitment.

I eat only what I kill.

Earnest
civil servants like you

get paid no matter what,
win or lose.

Now,
considering the evidence
we have against you,

I suggest
you stop strutting
and start dealing.

That brings me to
the second order
of business.

Motion to suppress all
that damning evidence
against me.

Pleasant dreams.

We asked the County Attorney
to unseal the arrest record.

He refused to do so
without a judicial order.

Sheriff's deputy, Ryan,
overheard the conversation

and volunteered to
access the record.

It stated that
Mr. Winston had
been in possession

of his neighbor's car.

During a subsequent search
of that car,

we found
a 9-milimeter shell casing

that matched the casings
at the crime scene.

Just to be clear,
Detective,

did you ask Deputy Ryan
to access that record?

No, sir.
She volunteered.

We didn't ask
or even suggest
that she do it.

Thank you.

Detective,
were you aware

that absent
a judicial order,

Deputy Ryan didn't
have the authority
to access that record?

I didn't know it
for a fact.

In other words,
your gut told you

that you she didn't
have the authority.

I acted
in good faith.

Besides there were
exigent circumstances.

Such as?

We were concerned
the suspect might flee.

Oh, you mean me?

Now why would I flee?

I... I didn't even know
I was a suspect.

Objection.
Counsel is testifying.

I'll withdraw.

Detective, you use
words like "exigent"
and "good faith",

you wouldn't by chance
be a law student, would you?

Yes.
I'm in first-year law.

A first year
law student.

Well, so,
then you're familiar
with People v. Binns?

Binns?

Yes, Binns.
Where a warrant
is necessary,

the cops can't
enter a home
even if...

Detective, even if...

Your Honor,
this isn't a bar exam.

Even if the door
is wide open.

Remember it now,
Detective?

Okay.

So, please tell the court
how People v. Binns

just might apply
to this situation here
with Deputy Ryan.

All right, all right,
Mr. Winston.
That's enough.

Detective,
you're excused.

Your Honor,
even though Deputy Ryan
opened the door for them,

those detectives knew that
they needed a court order
to view those files.

The evidence
in that file

would inevitably
have been discovered

once the detectives had
gotten a judicial order.

Inevitable discovery can't
excuse illegal behavior.

We should hold our
first-year law student
to a higher standard.

Stand back,
the both of you.

I'm ready
with my decision.

Detective Lupo may have
convinced himself

that looking
at the sealed file

was within
the letter of the law.

But he knew
that doing so,
violated its spirit.

Therefore,
he did not have
good faith needed

to overcome
the protection of
the Fourth Amendment.

I am left
very unhappily
with no choice

but to grant
Mr. Winston's motion

to suppress both the car
and the shell casing.

Your Honor,
I move for a dismissal
of all charges

on the grounds
of insufficient evidence.

The People
strenuously object.

Do you have any
admissible evidence,
Mr. Cutter?

No. But a dismissal for
insufficient evidence
triggers double jeopardy.

And given this
extreme consequence,

I request time to
submit further evidence.

I have litigation
to attend to.

I shouldn't have this case
hanging over my head
indefinitely.

Mr. Winston,
you have gotten
obscenely lucky.

Don't get greedy.

I will give the People
three days

to justify
the murder charge.

Otherwise,
the motion to dismiss
will be granted.

With prejudice.

We are adjourned.

Forensics' been through
the neighbor's car,

there are no prints,
no DNA, no fibers,

nothing to prove
that Winston used it.

We checked
the security cams
near the crime scene.

No sign of Winston.

He walks free today,
we'll never get

another shot at him
for this murder.

We pulled his files
from the Bar Association
and the FBI.

Look, we've shone
all manner of flashlights

up this guy's butt.
He's clean.

The FBI has a file
on him?

They vetted him
when he was
a prosecution witness

in the murder
of the first judge
in the PanWorld case.

Look, if we
turn up anything,
we'll let you know.

Right.
And, Detective,

next time you're
on the stand,
don't try to play lawyer.

You're not that good.

What?
What did you say to me?

You heard me.

Yeah,
maybe a real lawyer

wouldn't let me flap
in the wind

while I was being
cross-examined.

Maybe a real lawyer
would've shut Winston down.

Hey, guys, come on.
It's your actions

that put this case
in the crapper.

You want to cut corners,
don't come crying afterwards.

Mike!

Lupes...

Come on, man.
Let's go.

You know better
than anyone

that decision could've
gone either way.

Yeah, yeah.
The murdered judge case?

It was tried
in federal court.

One of
the PanWorld plaintiffs,
one of Winston's clients,

was convicted
of the crime.

Winston was the main
witness against him.

He testified against
his own client.

Two murders come out
of the PanWorld case,

and Winston has
a starring role in both
of them. Coincidence?

Sure, why not.

I've got to be
in Judge Lloyd's
chambers.

If you can think of
something brilliant
for me to say,

text me, will you?

Mr. Cutter,
you have no idea

how disappointed I am
in your office.

Your Honor,
if you must dismiss,
do it without prejudice.

This isn't T-ball.

You don't
get free swings.

Mr. Winston,
you'll address
your remarks to me.

Your Honor,
Mr. Cutter has nothing new
to support his indictments.

If you don't dismiss
with prejudice,

I'm walking
straight from here
to Appellate Court.

He's right. I'd just
get reversed on appeal.

The case is dismissed,
with prejudice.

I want the record sealed
and a permanent gag order

placed on the
District Attorney's Office.

Your Honor, the public's right
to know is more important...

Is outweighed
by the danger of prejudice

to the PanWorld
plaintiffs.

Maybe Mr. Winston would
like our help with
his PanWorld depositions,

or maybe he'd like me
to handle his witness prep.

Only if I needed grounds
for a claim

of ineffective assistance
of counsel.

Be quiet,
both of you.

Your Honor, Mr. Winston's
sole motivation in
everything he's done

is to safeguard his share
of the PanWorld payout.

Everything else
is window-dressing.

After I'm done
with PanWorld,

I'm coming after you
for defamation.

That's it.

You're both in contempt.
$1,000 each.

And you open your mouth,
I'm going to double it.

Mr. Cutter,
the law here is clear.

Mr. Winston,
your application for
a gag order is granted.

The record is sealed.

Go pay your fines.

The PanWorld case was
assigned to Judge Davis,

a hard-core
pro-business jurist.

Winston thought
he'd soften up

if some of
the grieving families
showed up in court.

Let me guess.
It backfired.

That's an understatement.

Davis threatened
to toss the case
on summary judgment.

Two nights later,
one of the plaintiffs,
Victor Cruz,

shot him in the doorway
of his brownstone.

What was your evidence
against Cruz?

A cigarette butt.
His brand, his DNA

was found in
the judge's doorway.

That's strong
physical evidence.

Yeah, coupled with
a strong motive
and a weak alibi.

Not a tough case.

Cruz's own lawyer testified
that he threatened
to kill Judge Davis.

Marty Winston.

You know, I'd like
to talk to Victor Cruz.

Where do
they have him?

In a cemetery in Queens.

He was executed
for the murder
six months ago.

Cruz's alibi
for the shooting

was that he was
at a coffee shop

waiting to
meet someone about
a job as a messenger.

But no one there
remembered him,

he didn't
remember the name of
the messenger company,

and the coffee shop
was a block from
the judge's home.

What was his defense?

He swore
that he was framed,

that somebody set up
a fake job interview
and planted the cigarette.

And since Cruz
had priors
for check fraud,

the prosecution
had a field day.

Not to mention
Winston's testimony

probably put the nail
in Cruz's coffin.

Could you excuse us?

You getting
enough sleep, Mike?

Reaming out
police officers,

screeching at
opposing counsel,
a contempt citation.

You want a diplomat,
look elsewhere.

You want to
get results...

We aren't getting results,
are we?

A murder case dismissed
with prejudice.

Yeah.

Tell me what you need,
Mike.

A day off,
lighter caseload,
whatever it takes.

I can't have you
flying off the handle.

I get the message.

Thanks.

I'll be okay.

This... This lawyer,
Winston,

it's the adversarial system
gone haywire.

Even if you have to kill,
win at all costs.

Sounds like
somebody's evil twin.

So, he gets away
with murder?

Three murders.

A judge?

And the defendant
Winston helped send
to the death chamber.

You have work to do.

Victor wanted
to be buried next
to his parents.

They both died together
on Flight 33.

Victor didn't kill
that judge.

He never hurt anybody
in his whole life.

Wasn't he angry
with Judge Davis?

Sure. The judge
was being unfair.

But Victor said
we had to trust

that Mr. Winston
will get justice
from the airlines.

How do you
explain the cigarette

at the judge's house,
with your husband's DNA?

I don't know.

I made Victor quit smoking
when Justin was born,

but he still do it
sometimes, outside.

At his trial,
he said sometimes

he smoked
at Winston's office.

Yeah, he'd get upset,
then Mr. Winston would
let him do it.

Maybe somebody took
Victor's cigarette butts.

Who would do that?

I can't imagine who,

but all the families were
in that office that week,

and they were all mad
at the judge.

Did you or Victor
ever suspect Winston?

No.

Mr. Winston treat us
like family.

Every year, when it's
Justin's birthday,

he sends $100.

He doesn't have
to do that.

Of course we investigated
this frame-up allegation.

There's nothing to it.

Cruz couldn't even
say who framed him.

How about
Marty Winston?

That's a good one.

Cruz testified that
he sometimes smoked
at Winston's office.

If you're so well versed
in the trial transcript,

then you also know
that Winston
categorically denied

that he ever
let anyone smoke
in his office.

Mr. Tyler, you know what
we're saying makes sense.

Winston had more to
gain by getting rid
of Judge Davis

than Victor Cruz did
by a factor of 40...

I'm not going there,
Mr. Cutter.

You never found
a murder weapon,

never connected Cruz
to any weapon,

never found
a single eyewitness who
saw Cruz at the scene.

Mr. Cutter...
The only person who said

Cruz was
near the shooting
was Cruz himself.

And why would he do that
if he was guilty?

Play it out,
Mr. Cutter.

"Members of the jury,

"we already
executed someone
for this crime

"but, now, we screwed up
and we'd like to
execute somebody else."

It's pointless.

I know Winston
hammered you
in court last week.

Don't come in here
making it my problem.

Anyone who stands
between Winston
and his payday,

he kills,
that's his MO.

Charlie Sawyer who
was giving PanWorld
a viable defense,

Judge Davis
who was biased
toward the airline.

You don't have to
convince me.

But the FBI worked
the Davis murder when
everything was fresh.

All hard evidence points
to Cruz.

And even if we had
the Feds on board,
it's done, it's over.

If I smoked,
what would I smoke?

The office won't
pay the contempt fine.

It has to come out
of my own pocket.

You're here
for a loan?

No, Mr. Winston.

I wrote a letter
apologizing to
the judge

and asking her
to reconsider.

And I thought
it would be
more effective

if it came
from both of us.

I bet a thousand bucks
is a lot of money for you.

Well, with what
they're paying earnest
civil servants these days.

What the hell!

As much
as I hate groveling
in front of judges.

You'd better make a copy
for your files.

Wanda, make two copies.

Thanks.

I don't mind telling you,
Mr. Winston,

I got my wee-wee
slapped pretty hard
for botching your case.

It really
wasn't your fault.

It's those dumb cops.

Sometimes I wonder if
the civil servant's salary
is worth it.

You okay if I smoke?

I quit ten years ago,
but I'm not self-righteous.

Go ahead.

I've already tried gum
and patches.

Next stop, acupuncture.

How's this case going?

We finally got
a trial date set.

I predict we'll settle
on the courthouse steps.
Mid-nine figures.

What are you going to do
with all that money?

Reupholster
the furniture?

See the Woolworth
Building?

A hedge fund used
to have the top floor.

I'll be moving in
first of the year.

So, this your new plan?

Arresting him
for code violations?

A little more
than that.

During Cruz's murder trial,
his defense argued

that he was allowed to
smoke in Winston's office

and that someone there
could've picked up one
of his cigarette butts

and planted it
at the judge's house.

But when he was called
as a rebuttal witness,
he stated,

"As an ex-smoker,
I don't allow anyone to smoke
in my office, ever."

So, he perjured himself.
Where are you going
with this?

Hopefully to
a murder trial.

Whose murder?
Judge Davis?

Victor Cruz.

Winston's
false testimony led

to Cruz's conviction
and death sentence.

Murder by perjury?

Is there
any case law on this?

I haven't found any.

I realize we'd be
taking a flyer.

If you think it's
a waste of time...

No, no. It's never
been done before.

All the more reason
to try it.

If we can't find new ways
to protect people
from murderers,

what the hell
are we doing
in this job?

We stipulate that
all the passengers died
in the crash,

so graphic photos
of the victims have
no probative value.

It's one thing to
hear about the suffering
these passengers endured

due to
the airline's negligence,
it's another to see it.

Detectives,
this warrant was ordered
by the State Supreme Court?

Yes, sir.

Do your job.

Hey, Counselor,
you're under arrest

for the murder
of Victor Cruz.

You mean the Victor Cruz
who was executed by
the US government?

Hell, yeah.

Sorry, Your Honor.

Murder by perjury?

What are you people
smoking up
in your office?

Must be something good
if Winston retained
a lawyer this time.

You're okay with
this half baked stunt,
Mr. McCoy?

There's nothing wrong
with using a little
creative lawyering

to lock up a man
who got away
with two murders.

This is Mr. Cutter's
personal vendetta.

He doesn't get
to use the D.A.'s office
to seek revenge.

I decide who does what
with this office.

I'm moving to
dismiss this nonsense.

Better do a good job,
Mr. Phillips,

or Winston might
kill you, too.

This case should
be dismissed for
its sheer arrogance.

Mr. Cutter does not get
to make laws up out
of whole cloth.

The People's theory
tracks a statute

that's been around
for 100 years.

Mr. Winston's perjury
was a reckless act

which created
a grave risk of death.

Even if my client
shaded the truth,

how could he anticipate
the jury would convict
Victor Cruz?

That death
would be imposed,

that all his appeals
would be denied?

You counted on it.

You took that to the Feds
and they laughed you out
of their office.

Here we go again.

Your Honor,
Mr. Winston is
an attorney.

He knew his lies
would help convict Cruz

for the murder
of a federal judge.

He knew a conviction would
almost certainly result
in a death sentence.

His lying evinced
a depraved indifference
to these realities.

Mr. Cutter
assumes that the jurors relied
on Mr. Winston's testimony

as a key factor
in their verdict.

Then let's find out
if his assumption
is right.

We were in deliberations
for six days.

We had eight votes.

Half the jurors believed
Mr. Cruz's claim

that he was framed
was plausible.

What changed their mind,
Ms. Palina?

Mr. Winston's testimony.

What specifically
about his testimony?

Mr. Cruz said he smoked
in Mr. Winston's office.

Mr. Winston said
it wasn't the truth.

We all thought
if Mr. Cruz could lie

about something
so little,

he could lie
about everything.

Did it ever occur to
any of the jurors

that it was Mr. Winston
who was lying?

No.

He was
representing Mr. Cruz
on that lawsuit,

and he seemed
to really care about
Mr. Cruz and his family.

And when he testified,

you could tell
it was difficult for him

going against
his own client.

Mr. Cutter,
if you please.

Ms. Palina,
are you telling us

that if Mr. Winston
had corroborated
Mr. Cruz's testimony,

that he did indeed
allow people to
smoke in his office,

that you would not
have convicted Mr. Cruz?

Objection, Your Honor,
you're putting words
in her mouth.

Sit down.
You can't
let her do that.

Answer the question,
please.

If Mr. Winston
had said that,

I would have had
a reasonable doubt
about Mr. Cruz's guilt.

I wish he had said it,
Your Honor.

Even though
we followed the law,

I can't seem to forget
we sent a man to die.

It appears that the People
can make a viable case that,

but for the false
testimony rendered

by the defendant,
Martin Winston,

Victor Cruz would have
been acquitted and
would be alive today.

I therefore deny
Mr. Winston's motion
to dismiss.

In that case,
we ask that his bail
be revoked

and that
he be remanded.

That's pure
vindictiveness.

History indicates
that the defendant
won't flee.

He'll remain out on bail.

My clerk will set the date
for Mr. Winston's trial

for the murder
of Victor Cruz.

You're not
a good enough lawyer
to pull this off.

I hope you haven't
put a down payment on
that penthouse office.

Don't you worry
about that.

PanWorld's ready
to make an offer.

I'll have
the check cashed before
this ever goes to trial.

Don't be so sure.

Ms. Rubirosa is
filing a complaint

with the Grievance Committee
as we speak.

We're seeking to
have you removed
immediately

from the PanWorld
litigation.

You don't have standing
to do that.

But Victor Cruz's
wife does.

The evidence supports
an indictment against you

for the murder
of Charles Sawyer.

We also find
reasonable cause

to believe
you perjured yourself

to frame one
of your own clients

for the murder
of Judge Henry Davis,

a murder you must now
be suspected of
having committed

to influence the outcome
of the PanWorld litigation.

The Committee
can't believe...

Let me finish,
Mr. Winston.

Whether you're guilty or not
is for a court to decide.

Nothing has been proven.

Our standard of proof
is not the same
as a criminal court.

But the Committee has
to allow me

to continue
my representation

until the unlikely event
that I'm actually convicted
of something.

Convicted or not,
you manipulated
the legal system

with lies
and, apparently, murders.

I worked on PanWorld
for seven years.

I'm at least entitled
to payment for
actual hours billed.

You took the case
on contingency.

There was never
a payment guarantee.

You cannot be serious.
I put everything
into this case.

Besides disqualifying you
as counsel,

we're also
prohibiting you
from receiving

any compensation
derived from this case.

This is a sham!
You can't do this!

Where's the fairness?

You are stealing
from me!

Shame!
Shame on all of you!

I'll catch up with you
downstairs.

You happy now?

You went after
my money.

My money.
It had nothing to do
with your job.

Don't worry about money,
Mr. Winston,

I'll send you $100
on your birthday.

You can use it
at the prison canteen.

Look how he's walking.

PanWorld was
my whole life.

We can talk outside.

Talk to this.

Get down!

Drop it!
Get down!

Give me...

You okay?

I think so.

Thank you.

Sure.

Don't move.

Let's get you
out of here.

The men's room.
Would've made for some

pretty ignoble
crime scene photos.

Another reason to
be grateful to
Lupo and Bernard.

Here's to
earnest civil servants.