All language subtitles for Law and order S19E16 - Take-Out

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.

I wanted to
tell you in person.

The answer's no.
I'm not helping you.

There could be a lot of
money in it for you.
There isn't enough money...

You lied to me.

You said you were
on my side, and you lied.

I'm going to tell the truth.

After all these years
you can...

I will bring more napkins.

Looks like two
in the back of the head.

I've got powder residue
and stippling, so close range.

A round of
.22 shell casings,

maybe we got
a pro at work.

No wallet.

Broken strap
from a shoulder bag.

Check out my man's fingers.

Whoa. Reminds me of this
bare-knuckle boxer I used to
watch at Coney Island.

The guy used to hammer
nails up his nose too.
He was, like, my hero.

When I was 12, all right?

Hey.

You're the gentleman
that found the victim?

Yes. Eric Beardsley.
I live around the corner.

Okay.

What happened,
Mr. Beardsley?

I'm crossing the street.
So, Bruno, the Weimaraner

decides he wants to
root around in the trash.

That's when I hear two shots.

I hit the ground,
the dogs start barking...

Oh, they like you.

They like my dog.

So did you see anything,
Mr. Beardsley?

Someone running
through the park.

Running from where?

I don't know where
they came from. They just
ran back toward the street.

Man, woman, tall, short?

I was ducking and covering.

All I could make out
was this blur.

If Bruno hadn't stopped,
I would have been...

Yeah.
You'll be all right.

A hit on a John Doe,
eyeballed by six dogs
and a guy who saw a blur.

A groundball, Lupes,
a groundball.

I count 29 breaks
in the fingers.

Oldest is about six years,

This one here is
about a year old.

Bernard.

He also had scars
up and down his back
roughly the same vintage.

Guy was living
the good life.

We got a hit on
our John Doe's prints
off an old DWI.

Name, Alex Boone,

last known address
dates back to 2002.

About the time
he started getting
his fingers broken.

Then nothing,
he just falls off the radar,
until two months ago.

He, uh, registered
a loan-out company.

Business address is
on Houston.

Can't tell you much
about Mr. Boone.
Writer, kept to himself.

What'd he write?

Nothing that made any money
or he wouldn't have been
staying here.

Right.

You notice anything unusual
about him the last few days?

No. Mr. Boone
was Mr. Usual.

Showered in the hall bathroom
same time every day.

All right, thank you.

No notes,

computer cord
but no computer.

Books in Chinese.

Hey, he was hunkering
down for the winter.

Hoards food,
regimented routine.

Had a serious case
of institutionalization.

But no record
he was ever in prison.

Wine from the Sino-American
Institute on 48th.

He was here last night,
at the art opening.

I see him argue
with other man.

The other man throw
a glass of wine in his face.

What'd this other man
look like?

Young, white, dark hair.

He was a typical American.

What was he
wearing, Ms. Kang?

Jeans, gray sweatshirt.

It say, uh,
"Concordia City" right here.

The opening last night,
was it by invitation only?

Yes, but we take walk-ins
if they look okay.

We'll take a list
of the invitees.

Thank you.

Everybody looks happy.

Well, that's why they
call it propaganda.

Books in Chinese,
the interest in Chinese
revolution art.

Boone's missing years?

Maybe he spent them in China.

A Concordia City
College sweatshirt.

That's not much to go on.

Everyone on
the invitation list
is spoken for.

He was a walk-in.

Well, have you spoken to
any of Mr. Boone's
friends or colleagues?

If we could find one.

His address book was
probably in his stolen bag.

Plus, he doesn't have
a phone in his name.

Okay, we got a hit
on the passport trace.

Boone left the country in
December of '01 for China.
He landed in Shanghai.

He didn't come home
until June of '08.

Was he in China
on a work visa?

There's no record of it.

Well, China's not
the kind of place where

a foreigner can
hang out without papers.

Boone's
institutional behavior,
his broken fingers...

If he wasn't in
an American prison...

Maybe he was
in a Chinese one.

If so, he must've had
a stateside attorney.

Check with the international
legal aid organizations.

Alex Boone,
arrested March '02

in Guangzhou,
Southern China.

State Department
referred his case to us.

What was he arrested for?

Officially, espionage.

Unofficially,

he wrote
a freelance web piece
on people displaced by

the Three Gorges Dam that
Beijing didn't appreciate.

It says here he was
sentenced to life,
but then released early.

Just before
the Beijing Olympics.

A Chinese goodwill gesture.

You hear from him since?

A few times.

Poor guy wanted us to
sue the Chinese government.

Said he owed it to his wife
for the time they lost.

He was married?

Last I heard separated.

You don't by chance have
his wife's address, do you?

She must've left
sometime last night.

I woke up to find
a note under my door

asking me to
water her plants.

Looks like
she left in a hurry.

Is that Mrs. Boone?

Yeah, yeah.
Goes by the name of Lisa.

Recognize anyone?

Liu Kang,
the lady at the museum.

Must've slipped her mind
the dead guy we were
asking about

was her estranged husband.

You talk to her yesterday?

Sure. You know,
I think she got scared

when I told her
about the skip tracer.

The skip tracer?
What skip tracer?

Well, yesterday afternoon,
this guy keeps buzzing
her apartment.

What did he look like?

Well, from four floors up,
a balding white guy,

black jacket and tie,
moustache.

Hustles down the block,
jumps into a black town car.

I tell Mrs. Boone
about him, she starts
babbling in Chinese.

Does she have
any relatives in the area?

A cousin in Hackensack,
always sends her these
Chinese herbs.

Stink like
you wouldn't believe.

I do nothing wrong.

Lying to us, running away
to your cousin's house,

that tells us that maybe
you had something to do
with your husband's murder.

I did not kill Alex.

Then maybe you know
who did.

No one's going to kill you.
We can protect you.

But you have to
tell the truth,
you understand?

Who killed your husband?

Chinese government.

I waited for Alex.

He stay in prison
for six years,

then we come here,
we get married.

Try to build a new life.

Something happened.

Alex was a different man,
always angry.

He could not get
a writing job.

We decide it's better
if he move out.

He came to see you
at the art show?

I invite him.
We try to be friends.

But he argue with this man.
I don't know why.

Alex wanted to talk to me,

so we make a plan
to meet in the morning.

The morning he got shot?

Yes.

I miss the subway
so I'm late.

I see Alex on the ground.

I see a man above him
with a gun.

He look up at me and I run.

I was scared
he was going to hurt me.

What did the man look like?

White,

moustache,

a black coat.

A white man.

But you believe
the Chinese government
killed Alex.

He was writing
a book about China.

He always talk about revenge.

I tell him it's no good,
the Chinese government
is very strong.

They killed him.

They will kill me, too.

Boone's computer was stolen,

which supports the idea
that he was working on
something someone didn't like.

Like an expose
of Chinese prison conditions.

That's hardly new news.

Well, we can figure out
the "why" later.

Let's work on the "who".
A man with a mustache.

Dark suit, tie,
drives a town car.

He could be a livery driver.

Reach out to
the car services.

See who worked yesterday,
and then look into
which drivers have records.

My hunch is anyone who
commits a robbery-homicide
in broad daylight

has been in the system.

Let's do it.

Come here.
We want to talk to you.

Uh, sure thing.

Keep your hands
where we can see them.

Hey, hey, hey, hey! Gun!

Bad cough.

I'll call it in.

The Department
cleared the shooting.
You can start breathing again.

You two were
supposed to sit tight.

I gather from this mess
you ignored that instruction.

We never left our desks, LT.

Tell me what we have.

Late limo driver,
Mike Adams.

In and out of the joint
the last 20 years

mostly behind
burglaries and assaults.

Ballistics matched his.22
to the slugs in Boone.

Hmm.
And Boone's computer?

It's still missing.
But we checked Adams'
cell phone records.

The day before
he whacked Boone,

we have an outbound
to one David Sutton
in Morningside Heights.

Sutton's number comes back
to Concordia City College
student housing.

The guy Boone was arguing
with at the art show

was wearing a Concordia
City College sweatshirt.

The kind of coincidences
I like.

Get with him.
And excuse me.

Only four of your rounds
hit Mr. Adams.

One of you needs
more time on the range.

I'm a third year grad student
in poly sci.

When cash runs short
I shop the old baseball
card collection online.

That's all this Mikey wanted,
was your baseball cards?

Yeah. He said he was
interested in my Jeter
and a rookie-year Munson.

I quoted him a price,
he said he would hit me back.
But he never did.

Where were you
Thursday night, David?

I was in my room
Thursday night,
jamming on my thesis.

Anyone who can
vouch for that?

I've got a single, just like
everyone else in my hall.
What's this about?

You like Chinese
propaganda art,
being a poly sci major?

There's a great show at
the Sino-American Institute.
You been?

No.
How about Alex Boone?

You run into him there?

I just told you,
I've never been.

And, uh, I don't know
any Alex Boone.

Can I go now?
I've got a class.

Hold on.

Now you can go.

I do not know.
They all look the same.

All right, Ms. Kang.
Thank you.

We'll have someone
drive you home.

Hey.

I turned up another
China connection.

David Sutton was
born David Garvik.

His father, Martin Garvik,
convicted of espionage in '98

for passing defense
software to the Chinese.

Right. He worked
for a defense contractor
in Westchester.

Mmm-hmm, convicted for life.

His wife committed suicide,
David and his sister Tracy
were adopted by relatives.

David Garvik
became David Sutton.

Check this out.

For the last five years,
the boy's been on the web,

mounting a campaign
to clear his father.

"On a cold day in April 1999,

"our government condemned
my father to life in prison

"without the possibility
of parole.

"On that day,
my heart-broken mother
took her own life,

"and a young boy stopped
believing in America."

Could this be what
Boone was writing about?

The Garvik case,
Chinese espionage?

I mean, it could be
the reason he was talking
to David at the art show.

April, '99.

I think Adams has
something on his sheet
for that month.

Yeah, here we go,
April 10th, '99.

He was arrested for
assault... In Fairview.

That's right outside
White Plains.

Look up his arrest report.

Here it is.

"Witness stated Adams struck
a news photographer outside
the home of Martin Garvik.

Victim was
attempting to take photos
of the Garvik children.

Adams described himself
as a friend of the
Garvik family.

Maybe he was still
performing services for them.

Talk to the Feds,
see if you can get in
to talk to Martin Garvik.

Just so we're clear.
My client agreed
to talk to you

with the understanding that
you'll convey his cooperation
to the Bureau of Prisons.

So here I am,
the big scary spy.

We're sorry you're not
feeling well, Mr. Garvik.

As your lawyer knows,
we want to ask you questions
about Mike Adams.

A friend of your family's?

Elyse, my, uh, late wife,

was a paralegal for a lawyer
who represented Mike pro bono
on a burglary charge.

The lawyer dropped the ball,
so Elyse wrote all the briefs,
visited Mike in lock-up.

She single-handedly
got his case dismissed.

She got a friend for life.

She really believed
in justice, in our system.

The Feds killed her,
you know.

Trumped up these
charges against me,
destroyed our family.

It broke her.

Has Mike Adams
been in touch with you?

Not with me.

But he'd reach out to
my kids David and Tracy
from time to time.

You ever hear the name
Alex Boone?

Hold it. You said
you had a few questions
about Mike Adams.

Alex Boone was a journalist.

He was writing a book
on China.

He was shot and killed
by Mike Adams,

and the day before,
Adams called your son.

So now you're trying
to frame my son.

No, no we're not.

Although we don't expect
a traitor to his country to
believe anything we say.

Let me give you
a little history, Detective.

In the late '90s,
this country was seeing

Chinese spies
under every rock.
It was hysteria.

And I was a victim
of that hysteria.
I didn't turn on my country.

My country turned on me.

Okay, we're going
to need to stop here.

Mr. Garvik's cancer
requires a very demanding
treatment regimen

which he's not
at liberty to vary.

They want me
alive and kicking
so I can rot away in here.

But the joke's
going to be on them,

because I'm walking
out of here
an innocent man.

My father's lawyer called me.

Told me not to
talk to you,

said you were trying
to put David in jail.

That's not quite true.

But we do want to talk
to you about Alex Boone.

Not that I care
what my father thinks,

but I do care about David.

That's it, Tracy,
don't talk to us, we'll
make up our own answers.

I don't think
you'll like them.

I talked to Alex Boone once,
on the phone.

He said he was
writing a book that would
exonerate my father

and did I have any
of his old papers
he could look at.

You didn't want
to help him?

No. Everyone knows
my father's guilty as hell.

So that made Boone
either a hack or a con-man,

which is what
David said he was.

You talked to David
about him?

Yes.

David said that Boone
was actually out
to get my father,

that he was some nut who
lived in some dumpy SRO.

And David talked to Boone.

I don't know.

You and your brother,
you don't agree about
your father's innocence.

If our father told David
the Earth was flat,
he'd believe him.

Our mother would be alive
if it weren't for our dad.

Do I really want
to get dragged into
a Federal espionage case?

It's just a little
old New York
homicide case, Judge.

And we really need
this search warrant.

What's the PC?

The suspect lied about
knowing the shooter,

lied about
knowing the victim.

Suspects are supposed
to lie to the police.

The suspect matched the
description of someone seen

arguing with the victim
the night before the killing.

"Matched"? You don't
have a positive ID?
Fellows, I...

Did we mention the suspect
lives in a student dorm at
Concordia City College?

Isn't your daughter
a sophomore there?

This murder suspect,
a young man, unstable,

almost anything
could set him off.

No one on that
college campus is safe.

"The Art of the Long March.
The Sino-American Institute".

I went there after I talked
to you guys, I was curious.

Make a note to mention
that to your lawyer.

Flash drive.

You're a real
spymaster, kid.

Just like your old man.

Hook him up.

There's not one shred
of direct evidence

connecting David
to the murder.

Except photos, phone calls
and falsehoods.

All right,
so your theory is that
David hired Mike Adams

to keep Boone from
publishing a phantom book

that would somehow
imperil David's father,

a man serving
a life sentence,

a man who's dying
of cancer? Please.

What difference would
more revelations about
Martin Garvik make?

All the difference
in the world to a son

who loves his father and is
trying to vindicate him.

Maybe what the Feds
knew on Mr. Garvik

was just the tip
of the iceberg.

Maybe he's guilty
of far worse betrayals.

You don't know
anything about my dad.

What he's been through.
How he's been scapegoated!

David.
Nothing.

You're right, Ms. Ward.

No jury would ever
believe your client

capable of lashing out
against someone trying
to impugn his dad.

Now let's get to the
heart of the matter.

Murder Two,
15 to life.

Declined.

And I'm all for
skipping the foreplay.

Defense waves discovery
and moves for an
immediate trial.

Ward's no fool.

You step out
in front of a jury with
what you've got now,

you'll have your heads
handed to you.

She can push for
a speedy trial all she wants,
I can stonewall her.

And at the end of the day,
you've still got
the bigger problem,

a very
sympathetic defendant

whose family was
decimated by the full force
of the US government.

David and his sister
lost their parents.

Ward won't let
the jury forget it.

They'll be too focused
on our overwhelming
evidence against David.

So why am I
feeling underwhelmed?

There won't be
direct physical evidence
of David's involvement,

no money trail between
him and Mike Adams.

Who else besides his sister
would David have talked to
about Boone?

His dad.
But David would have known

that phone calls to
inmates are monitored.

Unless an attorney was
part of the conversation.

If Martin Garvik's lawyer
was on the call with them,

the call wouldn't
be monitored.

David might've felt free
to say what was on his mind.

Let me remind Mr. Cutter,

my conversations
with Martin Garvik

are shielded by
attorney-client privilege.

Let me remind Mr. Vick,
the presence of a third party
vitiates that privilege.

Danbury prison records
show that Martin Garvik

received calls from
Mr. Vick the week
preceding the murder.

Mr. Vick's LUDs
show that David Sutton was on
the phone with Vick's office

while Mr. Vick was on
the phone with Martin Garvik.

Now, it's reasonable to infer
that David was patched into
the calls with his father.

Well, Mr. Vick,
was David Sutton on the line
with you and Mr. Garvik?

Yes, Your Honor.

So much for
attorney-client privilege.

I'm directing you to
answer questions about the
substance of those calls.

All due respect,
Martin Garvik and I discussed
his conviction for spying,

which is under
federal jurisdiction.

Fair enough.
Your Honor, if Mr. Vick
represents to the court

that he was not
privy to anything that
Mr. Sutton said

about the murder
of Mr. Boone,
we'll let the matter drop.

Mr. Vick?

I can't make that
representation.

Then let's hear what
Mr. Sutton had to say.

David was very worked up

about the book
Boone was writing,

very upset that
it would undermine
efforts to clear Martin.

Now, Martin tried
to calm him down,
told him to let it go, but...

Mr. Vick, go on.

David said Boone
should be quote,

"Shot down
like the dog he was."

I took that as a figure
of speech, Your Honor,

not a declaration of intent.

It's not a direct link
but Vick's testimony

will make David look like
a cold-blooded killer.

Miss Rubirosa.

I'm Tracy Meegan,
David Sutton's sister,

I was at his arraignment.

Yes.
This is Michael Cutter,

he's the riding ADA
on your brother's case.

I need to talk
to you about David.

I know he
didn't kill anybody.
He couldn't have.

Uh, let's talk over here.

I know things,
about what my dad did.

I can give you
papers and stuff
the FBI never found.

Give us? In return for what,
leniency for your brother?

Yes. I can prove
my dad really was a spy.

The federal government's
already proven that.

And espionage
doesn't fall within our
jurisdiction, Ms. Meegan.

I know David didn't do this.
Please help him.

I'm sorry, Miss Meegan.

Your brother will
have to help himself.

You just don't want to help.

Well, I know
someone who will.

Who would that be?

The same people
who convicted my father.

She called us this morning,
I assume right after
she spoke with you.

She showed us what she had.

Let me get this straight.

You want us to cut David
Sutton a sweetheart deal,

so that you can get
your hands on his sister's
alleged evidence

against a man you've
already convicted
of espionage?

I assume you two
have read about Julius
and Ethel Rosenberg?

In the '50s.
The first American civilians

to ever be executed
for espionage.

The evidence against
the two of them was,

to put it mildly,
controversial.

And their deaths tainted
US spy prosecutions
for years after.

Are you suggesting your
case against Martin Garvik
is less than ironclad?

I'm suggesting that
when Martin Garvik
finally dies in prison

and he will,
I assure you,

that the conspiracy theorists
are gonna have a field day.

But if Tracy Meegan gives
you indisputable evidence
of her father's guilt,

it's one less PR war for the
Justice Department to wage.

Exactly.
I'm going to put this
as politely as I can.

I intend to see to it
that Mr. Sutton

serves the maximum sentence

For orchestrating a murder.

As for Martin Garvik,
he's not our problem.

He is now.

Seems my boss just had
a conversation with your boss.

We'll offer David Sutton
a plea to man two,

six to 12 years.

For a first degree murder?

Have you looked at
your evidence lately?

Six to 12, Mike,

in a medium
security prison.

And make the offer tonight.

You want to tell me
why we're carrying water
for the Feds?

It's called banking an IOU

which I can use in the
Delacroix bank fraud case,

where we'll need
the Feds' help.

I don't know how to
break this to you, Mike,

but yours is not the
only case on my plate.

Trade leniency
for a murderer for help
with a fraud case.

A two billion dollar
fraud case.

And your murderer
still goes to prison.

That's the kind of math
I have to do in this job.

McCoy.

I appreciate the heads up.

This could all be moot.

David Sutton's attorney
is seeking a TRO
in Federal Court

to preclude Tracy Meegan
from turning over
those documents.

I guess that means
he doesn't want your deal.

I want that IOU, Mike.

Appear as a friend
of the court.

Just make sure the
Feds get their documents.

An order?

An assignment.

The documents in question
belonged to David
and Tracy's father.

They passed to
the children, jointly,
on the father's conviction.

Ms. Meegan needed
David's permission to
dispose of them.

You had no right to
give away those papers!

David, I'm trying
to help you.

By screwing Dad?
I don't want your help.

That's enough
from both of you.

Counselors,
silence your clients.

Miss Meegan's had sole
custody of these documents
for the last six years.

Mr. Sutton has never
made a claim to them.

And has in effect
abandoned them.

I see here a brief
from the District Attorney.

Mr. Cutter,
how is your office even
remotely connected to this?

Our concerns coincide
with the US Attorney's.

These papers may well
constitute evidence

of the commission of a crime
and as such are forfeit.

Mr. Garvik's already
been convicted of the crime
to which you refer.

Actually I was referring
to David Sutton's crime.

These papers speak
to his father's guilt

and as such may be
relevant to Mr. Sutton's
motive in committing murder.

Judge, he's arguing
equities not law.

Unfortunately for you,
both the equities and the law
cut against your client.

The Court rules that the
respondent Tracy Meegan

was within her rights to
dispose of the documents
as she saw fit.

The US Government
may retain possession
of said documents.

I've been instructed to
offer your client a deal.

Six to 12...
My client's not interested.

The US Attorney
was very impressed.

I live to serve.

I offered Sutton your deal.
He passed.

Doesn't matter.
The Feds got their papers,

which means
I still bank my IOU.

Yeah, I can see why
David raised a stink
about these documents.

They're the icing on
the cake of his father's
espionage case.

Names, dates, places.

Now the Feds can
let Garvik die in jail
with a clear conscience.

Thank you.

The defense is
adding Martin Garvik
to its witness list.

A convicted spy
doesn't make much
of a character witness.

He's no character witness.

He's going to testify
that he, and not his son,

hired Mike Adams
to shoot Boone.

Your Honor,
Mr. Garvik's credibility

is a question for
the trier of fact,
the jury, to decide.

Mr. Cutter's suggestion
that national security
interests should trump...

It's not my suggestion.

Has Your Honor read
the US Attorney's
amicus brief?

I have.
I thought with all this
hope and change in the air

we were past this
national security nonsense.

We're still not living
in the land of unicorns
and hobbits, Your Honor.

We still have enemies.

Mr. Garvik's espionage
trial was conducted
in secret for good reason,

and there's no telling
what he might say here
as a witness.

I can address
your security issues,

I can clear the court,
seal the testimony.

The jury's still
going to hear it.

They're going to walk
into the world after this
trial is over and talk.

It's no reason to deny
the defendant the right
to present witnesses.

It's a lot to risk for
obviously perjured testimony.

You say it's perjured,
Mr. Cutter.
I haven't heard it.

Then a proffer is
in order, Your Honor.

Hear what Mr. Garvik
has to say and then
decide for yourself.

Your Honor...
Nuh-uh.

I agree.

A proffer is in order.
Clear the court.

Alex Boone sent me a letter
through my lawyer.

He said he had
irrefutable proof of my guilt.

That it would be better
if I cooperated with him,

but either way,
his book was coming out.

And what was this
irrefutable proof?

Boone said he'd met
a former Chinese official

when he was
in prison in China.

This official
told him that I was a spy,

that I had met with
a Chinese agent

in Park Slope
named Wang Chu in 1998

and passed him
anti-missile defense software.

Wasn't that the essence
of the government's case
against you?

Yes.

You are admitting then
that the charges of
spying were true?

Yes, it's true.

I knew that if
Boone's book came out,

it would mean the end
of my son's efforts
to free me.

So I made sure that

Boone couldn't
publish his book.

What did you do,
Mr. Garvik?

I got hold of a prepaid
cell phone that had been
smuggled into my prison.

I called Mike Adams,

I asked him to
kill Alex Boone,

steal his computer
and destroy any trace
of his manuscript.

Thank you.

Do you have
Mr. Boone's letter?

No. I flushed it
down my toilet.

Do you have the name
of the person who gave you
the smuggled cell phone?

Even if I could remember,
I'm not interested in
implicating a fellow inmate.

For ten years
you swore up and down

that you didn't pass
secrets to the Chinese.

That was a lie, correct?

I was fighting
for my freedom,
for my children.

But that doesn't matter
anymore, correct?

You have pancreatic cancer.
Yes.

So now you're fighting
for your son's freedom.

You have nothing to lose
and you'll tell any lie.
No.

Then why wait till now
to come forward, why wait
till your son's on trial?

I never thought
it would go this far.

You've already admitted
that you tell the truth,

or half the truth
or none of it when
it's convenient to you.

And now you expect us
to believe this story about
a letter you can't show us?

I didn't make it up.
Boone sent me a letter,

with dates and places,
he even knew what my
Chinese contact looked like,

short, with a port-wine
stain on his neck.
Boone had everything.

Mr. Garvik, there is
only one truth here,

that you would say anything
to keep the one person
who believes in you

out of jail,
isn't that right?

Yes, Mr. Cutter.

Given the legitimate
national security concerns

and the lack
of substantiation,

I'm going to preclude
this witness's testimony.

I never thought
I'd approve of
silencing someone

with a claim of
national security.

Well done, Mike.

David Sutton's lawyer called.
She reconsidered.

They want that six-to-12 plea.

As what, a reward for
trying to suborn perjury?

The deal is off the table.

I'm glad to hear it.

Jack said
the deal's off the table.

Well, that's good,
seeing as that's what you
already told David's lawyer.

Listen, I've been going
through the documents

that David's sister
turned over to the Feds.

This page is a fragment
from a computer file,

some sort of shorthand diary,

but look at the entry
that I've circled.

Wang Chu, Martin Garvik's
Chinese contact.

"ID?" Identification.

"NF" could be
naevus flammeus,

it's the medical term
for a port-wine birthmark.

"RH" could be right hand.

Wang Chu
is being identified

by the port-wine birthmark
on his right hand.

Garvik claimed
Boone's letter said

his contact had a birthmark
on his neck.

Either I'm wrong
about what this means,

or Martin Garvik
made a mistake.

About what his spy contact
looked like?

The location of
an obvious birthmark isn't
something he'd forget.

Alex never tell me
he was writing
about the spy stuff,

just a book about China.

Did he ever mention
a man with a birthmark
on his neck or his hand?

A birthmark?

Yeah, a red stain
on his skin.

I see Alex
look at a picture once,
on his computer.

A group of men,
a trade delegation
from China.

I ask him why
he look at that picture.
He said research.

He pointed to a man,

an ugly man,
with a face like a frog

with such a stain
on his right hand.

Did he say anything
about this man?

Alex asked me
a strange question.

He ask, why did
Chinese government
send such an ugly man

to meet a beautiful
white lady.

A white lady.
Yes.

Then Alex said,
it is because Chinese
government is very smart.

They do not want
romantic complication.

Did your husband say
who this white lady was?

No. But, uh,
he met her daughter.

He said she was very pretty.

Like her mom. Like sisters.

Hey, yeah, uh,
we are stuck in the subway.

My cell phone's
about the only thing
that works down here.

Can you do me a favor?

Will you tell the judge that
we'll be there in an hour?

Yeah.
Okay, thanks.

Judge Lusky wants our butts
in our seats by one.

Why, so we can tell her
the underpinning of our case
is falling apart?

You think the Feds really
convicted the wrong guy?

Yes.

And the right guy
may not be a guy at all.

You think Tracy
and her late mother
look like sisters?

I'll call the Feds.
You call David's lawyer,

tell him we reconsidered.
We want a plea conference.

You should've seen
Judge Lusky's face when
I asked for a continuance.

Why is my sister here?

They asked me to be here,
for you, David.

We thought you could use
a little family support in
your hour of decision.

You should be nice to her.

If it wasn't for your sister
offering those documents
to the FBI,

there would have been
no deal in the first place.

And here's
the pater familias.

You can sit
Mr. Garvik right there.

And why is he here?

Credit Mike Cutter's
big fat sloppy heart.

I offered Mr. Garvik
the chance to come here
before he returns to prison.

All things considered,
this may be the last
time he'll see his son,

assuming we consummate
a plea bargain tonight.

Tracy.

Let's get to it.

Just, uh, one loose end
to tie up first.

I've been asked
to show you a photo.

It's a trade delegation
to the United States.

Do you recognize anyone?

I've never seen
any of these men.

Really. Well, look again,

because one of them is
Wang Chu, your contact.

I admit the quality
isn't very good.

You're looking for
a birthmark on the neck
of one of those men,

and you're not
finding it, are you?

Well, like Mr. Cutter said,
the quality isn't good,
their faces aren't clear.

Maybe you're looking
in the wrong place.

First row, Mr. Garvik.
Second from the left.

You see what's poking
out of his right sleeve?

That's a birthmark
on his right hand.

Not his neck,
but his right hand.

Not only could you
not recognize his face,
you misplaced his birthmark.

The man you passed
national secrets to.

A man you allegedly met
a half-dozen times.
How could that be?

There's a simple explanation.

You never met the man.
You never passed secrets
to him or anybody else.

Correct?

Martin?

Mr. Garvik, how lenient
I am with your son

depends on how
truthful you are.

You know who the spy was.

Don't you dare say anything!
You keep your lying
mouth shut!

Tracy, what are you doing?

Don't believe him, David.
It's not true.

Sweetheart, please.
What's not true?

No more lies, Mr. Garvik.

Dad, don't.

Your mother.

Elyse's parents were
missionaries in China.

She was raised with a great
love and admiration
for the Chinese people.

No, please stop.

And she had
a great love of justice.

And when ten years ago,
she thought that

the West was
ganging up on China,

she thought she had to
level the playing field.

So she took files
from my computer and
passed them to the Chinese.

I didn't know.

After I was arrested,
she wanted to confess,

but we decided
that it would be better,

better for you children,
if I was the one
who went to jail.

We thought
the case against me
would fall apart.

But when I was sentenced
to life without parole,

it was too much
for your mother.

I told her that even if
we told the truth now,

the government
wouldn't believe us

or they'd put us both
in jail forever.
We were trapped.

And your mother
felt such guilt.

After she took her life,
I didn't say anything,

it would seem
too self-serving.

And you children
loved your mother so much.

I couldn't do that to you.
I couldn't do that.

That's what Boone
found out in China.

That's what was in the letter,
your wife was the one.

Yes.

Dad.

It's true, sweetheart.

Your mother
wasn't a bad person.

She did what she did
with the best of intentions.

But you said he had
evidence against you,

that he was going to put
the nail in your coffin,
that's what you told me.

Because I couldn't tell you
the truth about your mother.

But if I'd known
you'd go out and do what
you did with Mike Adams...

Me?
I thought it was you.

Well, after Mike
called me out of the blue

and the cops
told me what happened,

I thought you'd
put Mike up to it.

No.

David, you know me
better than that.

I would never trade
somebody else's life
for mine.

Not to worry, at this point
we don't believe

either one of you
had Boone killed.

Well, this is a fine time
to tell us.

It's the perfect time.

When the whole family
is here to support
each other.

Isn't that right, Tracy?

It's a big blow
to you, isn't it?

All these years
you believed your
father was a spy,

you blamed him for
your mother's death.

And when Boone called you...

That's what you
told the police, right?

That you had talked to
Boone once, on the phone.

Yes.

Except he told his wife
he met you, face to face.

He told his wife
that you were as pretty
as your mother,

almost like sisters.

Why did you
lie to the police, Tracy?

Oh, God.

Boone told you,
didn't he?

He told you
it was your mother.
And you panicked.

Tracy, don't say anything.

You called Mike Adams.

Yes, I called him.

Everything I believed
about Mom,

that man said
he would destroy her.
I couldn't let him.

I'm sorry.

I'm so sorry, Daddy.

I withdrew the charges
against David Sutton,

he should be released
within the hour.

I passed along what I had
to the US Attorney,

they might review
Martin Garvik's case.

But you might want to
put a call in to your
new friends in Washington.

First thing in the morning.
I'll cash in my IOU.

And the daughter?

Her lawyer's pressing for a deal.

And?

I'm awaiting your instructions.

My instructions are,

do what you think is right.