Law & Order (1990–2010): Season 19, Episode 16 - Law & Order - full transcript

The investigation into the murder of a journalist could shed new light on an espionage case involving a man serving life in prison for spying for the Chinese government.

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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.

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,
(CELL PHONE RINGING)

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.

(CHUCKLES) 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.

(SPEAKS MANDARIN)

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. (COUGHING)

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.

(WHISTLE BLOWING)

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
(CELL PHONE RINGING)

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.

(TELEPHONE RINGING)

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.

(GAVEL BANGS)

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.

"WC."

Wang Chu, Martin
Garvik's Chinese contact.

"ID?" Identification.

"NFRH?"

"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?

CONNIE: 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.

MARTIN: 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.

TRACY: 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.

CONNIE: Why did you
lie to the police, Tracy?

Oh, God.

CUTTER: 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.