Law & Order (1990–2010): Season 19, Episode 18 - Law & Order - full transcript

The prosecution of a group of teenagers for the brutal beating of an illegal Honduran immigrant proves to be a thorny and delicate issue for the District Attorney's office.

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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.

(SNORING)

(SPEAKING SPANISH)

(SPANISH SONG PLAYING)

(HONKING)

(SPEAKING SPANISH)

Couple of locals on their way to
fish saw him from the overpass.



Looks like a hit and run.

He's alive.

For now. EMT says he's likely.

Any ID on our gentleman?

Just a wallet.

No reason for him to
be walking down here.

BERNARD: Eh, he's
either lost or drunk.

LUPO: Whoa.

It's auto glass.

I'm no expert but I don't know
any laws of physics that says

the glass from the
car that hits you

finds its way
into your pant leg.

There's some broken
glass on the road up here.

BERNARD: No ID.



Thirteen bucks, bad luck

and a family picture

in front of Iglesia de Santa
Maria del Puerto Lempira.

I'm guessing this
man isn't local.

Here it is, a trail of broken
glass about 20 feet long.

It broke while the
car was moving.

Yeah, and somehow finds
its way inside our man's pants.

Well, try this. If he was kicking
out the window from inside,

then glass might
fall down his pant leg,

meaning he jumped out of or
was thrown from a moving car.

Either way, when he
landed on our shores,

I bet this wasn't the
landing he anticipated.

He suffered
traumatic brain injury.

He's in a grade 3 coma.

The odds he'll come out of it?

Considering he has no
spontaneous respiratory function

and his cognitive
brain activity is nil?

Got it. What about
his other injuries?

Fractured arm, fractured
ribs, lacerations on his hands,

bruises on his back and neck.

From an impact with a vehicle?

From impact with the roadway.

Oh, and there's a fresh
second-degree burn on his left cheek,

about the size of a quarter.

I'll email you photos.

Thanks.

LUPO: He's got auto glass
embedded in the tread of his right heel,

same as the glass on
the road and a can of juice.

Naranja, a little taste of home.

Oh, wow. (COUGHS)

That's appetizing.

What is that? Smoked sturgeon.

That stuff's 50 bucks a pound.

Yeah. Irv's on Rivington.

Even money. Our Juan
Doe here works in the kitchen.

IZZY: I can barely see his face
with all that mishegoss on his head.

Is he okay?

What does it look like?

It could be one of my
dishwashers. Oswaldo.

It's his day off.

Oswaldo who?

Oswaldo You're-not-gonna-bust-

my-balls-'cause-I-didn't-
check-his-papers, okay?

We're murder cops,
okay? So a last name?

Don't know it. He
shares a place with...

Hey, Tomas!

Talk to these cops
about Oswaldo.

(SPEAKING SPANISH)

Hmm?

It's mi amigo, Oswaldo. He okay?

He's not okay.
He's in the hospital.

What's his last name?

Morales.

BERNARD: And these people?

His family, in Puerto
Lempira in Honduras.

He send them all his
money. He work hard.

When did you see him last?

This morning. I come
home from night job, 5:00.

And he get up, I take the bed.

He go look for day work.

Where does he look?
Under Highway 155.

He wait for the cars to
come and they give him a job.

(SIGHING) Looks like it's
the dawn patrol for us. Thanks.

Gracias.

LUPO: Hey, hot coffee
here for the working man.

(BERNARD SPEAKING SPANISH)

If you don't hurry,
he's going to eat it all.

(SPEAKING SPANISH)

LUPO: Anyone see
Oswaldo yesterday morning?

MIGUEL: I see him.

You did? Step forward,
please. It's okay.

He go in a car for a job.

What kind of car?

Dark green Toyota. I
tell Oswaldo be careful.

Why?

It was three white
kids in the car,

and they say they
got a job for one man.

I see one of the kids take a
picture of us with his phone

so I do not go.

You think you'd
recognize these kids?

No. It's dark, they
stay in the car.

All right, thanks.

(SPEAKING SPANISH)

(MEN MUTTERING THANKS)

White kids taking pictures
of Hispanic day laborers.

Yeah, I don't think it's to
send to their girlfriends.

One thing for sure. Nowadays
everything ends up on the web.

The auto glass is the
same make Toyota uses.

We figured he must've kicked the
side window out trying to get out.

Probably when those kids
burned that hole in his cheek.

VAN BUREN: Any idea
what this was done with?

Lab says it wasn't
a cigar or cigarette,

more likely metal
or ceramic object.

Branding, a new
twist on hate crimes.

Well, here's a newer twist,

a video called "Beaner Hunt:

"Taking back America
one street at a time."

It was posted last week.

BOY 1: Hurry up!
Behind the mail box!

(BOYS LAUGHING)

BOY 2: We're going to
nail your ass! (WHOOPING)

I count three voices.

Guy on the corner
said three kids.

BOY 3: Yeah! (WHOOPING)

BERNARD: New York Islanders hat.

Good chance we're
in the right place.

Toyota.

What is that, a .22?

BOY 1: Go, go, go!

BOY 2: Bagged a beaner, baby!

(GUNSHOTS)

It sounded like a BB gun.

BOY 3: Bagged you, beaner!

BOY 2: I got him! I got him!

It's gotta be the same kids.

Go back to where
they first pulled up.

Freeze it.

See if the lab can read the
ID number on that mail truck.

LORENZI: You found this on
the Internet? I'll be a son of a gun.

Yeah, and that mail truck's
from the Peconic Post Office.

You didn't know this was
going on in your town?

We've had nine bias incidents
against Hispanics in the last month.

Nine in one month?

With unemployment, the economy,

people blame the illegals.

All those illegals who
made subprime loans

to people who
couldn't afford them.

BERNARD: Any of these
incidents involve a green Toyota?

Three with a green sedan,

two drive-bys with a BB gun.

The third one, the kids
put a beating on the victim.

You got descriptions?

Three white kids,
one with blond hair.

We stepped up patrols

where the illegals congregate.

That's probably what pushed these
kids to find new hunting grounds.

BERNARD: We're going
to need a list from you,

your local automobile
glass shops.

Yeah.

A kid came in Saturday
with a green Camry four-door.

Back window on the
right side was busted out.

Okay, we need his name
and his plate number.

I got nothing.

He didn't have the
$180 for parts and labor.

How about a description

or identifying marks
on the kid or the car?

Sixteen, 17,

average height, dark hair.

You want to come with us to the
local high school, look at some pictures?

Now? I guess.

Jimmy, I gotta go
with these guys.

So what'd this kid do anyways?

Him and his buddies put an
illegal immigrant into a coma.

You know, I got, like,
10 people that think

they're getting their
cars back today.

Yeah, they thought
wrong. Come on.

LUPO: We need to know
if there's been any... Hey.

Start with the seniors.

This is what they did to him.

This ain't right.

LUPO: issues with
race or immigration.

Peconic's Latino population
has grown 25% in five years.

We've had to accommodate
students who are here illegally

and speak English
as a second language.

So that's where all
my tax money's going.

What about your legal students?

Any of them in particular
been acting out?

We've cut back on
our sports teams,

so there's been resentment
among our athletes.

There've been
fights, some graffiti.

BOBBY: Him.

Tony Stratton.

Point guard, Varsity
basketball team.

Is Tony here right now?

No. Dismissal was at 3:00.

Green Toyota.

Looks like plastic taped over
the right rear passenger window.

I got the tag number.

Is Tony Stratton here?

No, no, Tony no here.

Do you know where he is?

(SPEAKING SPANISH)

Oh! No, no, sé.

(SPEAKING SPANISH)

Okay, sí.

Gracias, señora.

You see her shoes?

Yeah, open-toe pumps.

Not too many
housekeepers do the laundry

in high heels and a
sweater set. Mmm-hmm.

Toyota's registered to a
Juanita Stratton, this address.

I think we just
met Mrs. Stratton.

She's probably on the
phone with her husband,

wondering why the cops
were asking about their son.

I wonder how the Stratton
kid sorts it out in his head.

Huh?

Him being half-Hispanic
and beating up on illegals.

Mmm.

The way people feel in this town,
he probably figures it's all normal.

I get it.

What? The anger.

Back in South Central,

the young black
man can't get jobs

because the bosses know
they can pay an illegal four bucks

under the table with no benefits

and know that man is
too scared to complain.

So sure, treat them humanely

and put them on a bus
and send them home.

And that fence? Dig it
deep and build it high.

Don't worry, I think we found a
solution for illegal immigration.

It's called the depression.

Believe me, all those illegals
are heading home now.

Hmm.

Lupes.

Hold up. Stop the car, please.

Mrs. Stratton? Soy Juanita.

Juanita Stratton.

Do we still need an interpreter?

What do you want?

Interfering with a criminal
investigation is a felony.

I'm not interfering
with anything.

What happened to your window?

It got broken at the Tastee
Freeze on Hempstead Turnpike.

Mom?

Go back inside, Tony.

Tony? Tony Stratton.

I'm calling Mr. Mosely,
he's a lawyer.

I said go back inside.

Hey, we want to talk to
you. Come out of the house!

Probable cause is set out
in the warrant application.

The victim was last seen
getting into a green Toyota.

In Manhattan.

Your search warrant is
for a car 60 miles away.

The car's window was broken out.

The glass at the crime scene...

Can't be matched
with this specific car.

Maybe we should play
you that video again.

No need.

The car in that video doesn't
have a broken window,

there's no telling
what color it is,

and nothing connects
it to this Stratton kid.

Judge Montaldo...

That's the real bottom line.

Right there.

You had your pick of judges

but you brought this
to Judge Montaldo.

You figure a Latino judge is more
likely to grant a search warrant

on a hate crime
against a Latino man,

no matter how flimsy
the probable cause.

If I grant your warrant,

the defense will call it a gimme

and I wouldn't blame them.

This is an important case.

Get it right.

VAN BUREN: He's not wrong.

Everything about this case
will be under a microscope.

So, forget about
the car for now,

and work on identifying
the other two occupants.

There was a blond kid
in the passenger seat?

And the one with the BB gun.

Well, check Stratton's
entries in the yearbook,

for shout-outs to his buddies.

Let's see...

"Throwing out a
bump to my man, Bird."

VAN BUREN: Stratton's
on the basketball team.

Good chance his
accomplices will be too.

Yup.

A blond basketball player.

Bird as in Larry Bird, maybe.

Or Big Bird.

Timothy Moore, shooting guard.

DIANE: Tim's upstate today,
visiting colleges with his dad.

Looks like he's
going to have his pick.

Now why do you
want to talk to Tim?

We need him to
identify a BB gun pistol

that was used in a
robbery two weeks ago.

The suspect said he bought it from
a student at Peconic High School.

Yeah, the people at the school

think they remember
your son had one.

His father bought it for
him for target practice

when he was 11.

But he hasn't used it in years.

Is Timothy in trouble?

LUPO: For selling
his BB gun? No.

He had a game last
Friday night, yeah?

Yeah. You know
where he went after?

He went out with
his friend Tony.

BERNARD: What
time did he get home?

He has a midnight
curfew, and he's never late.

Mrs. Moore, there are some
people lying comes to naturally.

You're definitely
not one of them.

My husband and I were visiting
friends in Maryland for the weekend.

I'll write down his number.

From now on, you
should talk to him.

(CELL PHONE CHIMING)

Well, now we know
Timothy owns a BB gun

and he was with
Stratton on Friday.

And we know the attack video

was uploaded from a
computer at the school.

COACH: From my computer? No way.

Well, it's easy enough for us
to check, Coach. Do you mind?

So who has access
to your computer?

I want you to know I
don't tolerate that crap.

Racial stuff, gay stuff, I hear it
from my players, they run laps.

Well, that's good to hear.

BERNARD: The video itself
was deleted from the computer

once it was uploaded to the net,

but the AVI footprint's
still here on your hard drive.

So again, who has
access to your computer?

My team manager, Kyle Chase.

He uses it to keep
the team stats.

That makes three.

CLERK: "28943.

"People v. Tony Stratton,
Timothy Moore and Kyle Chase.

"Attempted Murder
in the First Degree."

The People serve notice we'll be
seeking a hate crime enhancement.

So noted. What's the plea?

MOSELY: Not guilty
as to each defendant.

The People ask for remand.
(PEOPLE EXCLAIMING)

JUDGE: Silence! Silence now!

Your Honor, my clients attend
school and play team sports,

they should be
ROR'd to their parents.

The police have uncovered
four videos of the defendants

attacking Hispanic men
in the past two months.

MOSELY: Those
videos have nothing to do

with the charges
they're facing here today.

CONNIE: They prove that
their parents are unable

or unwilling to supervise them.

JUDGE: Then let's make sure
we get their parents' attention.

Bail is set at $150,000
for each defendant.

(PEOPLE EXCLAIMING)

I don't know how you can
talk about a hate crime,

since Tony Stratton's
half-Hispanic.

His mother's from Argentina.

Your clients targeted their
victims because of their ethnicity.

Oh, right, the videos.

About the videos...
Motion to suppress.

The judge granted the
defense motion. Videos are out.

(SIGHS) Yeah, so the videos
proving the kids are prejudiced

are tossed out because they would
prejudice the jury against the kids.

You sure you still
want to be a lawyer?

There goes our proof
this was a hate crime.

Well, what's left is
no great shakes either.

We have an eyewitness who can
identify the car but not the occupant

and some broken glass.

(CELL PHONES CHIMING)

ROYCE: Homeless guy,
found him under a mattress.

I saw the burn on his face,

and him looking Hispanic,

I thought about the
other guy, so I called you.

You did the right thing.

Any idea how long
he's been here?

About a week. The cold
temperature slowed down the decomp.

I found blunt-force
trauma on his head,

defensive wounds on his hands.

Going by the
shape of the injuries,

I'd look for a baseball
bat as the murder weapon.

BERNARD: Can we
get a picture of this?

There's a Mexican peso
jammed into the end.

Looks like it's been heated.

This is what they've been
branding these guys with.

A Mexican peso. Real subtle.

Rey Alvarez.

What country is he from?

Detroit, Michigan.

UAW card, stubs from
an unemployment check.

They thought they were
bagging an illegal alien,

instead they got an
out-of-work auto worker.

That's what anger gets you.

What the deplorable events in
Peconic and New York City underline

is that people are scared
and people are angry.

All right, bottom line,
under Jack McCoy,

has New York become a
sanctuary city for illegals?

If Mr. McCoy actually
enforced the law,

our schools and our workplaces
wouldn't be filled with illegals.

There you have it.

Where are you with
these deplorable events?

The unemployed auto worker
was living with his sister.

He has recently found a job

working as a night
watchman in East Harlem.

It looks like he was
grabbed and killed

24 hours after Mr. Morales
was thrown out of the Toyota.

The same kids? Mm-hmm.

CONNIE: Both victims
had a similar burn,

or a brand, on their face.

These kids had been
escalating their violence.

They finally got a scalp.

How good a case against
them for the murder?

No witnesses, no forensics.

We have a somewhat
better case against them

for the assault on Mr. Morales.

Then join the two cases.

Prove both victims were
branded with the same device.

And let the assault
bootstrap the murder case.

Or let the murder case
tank the assault case.

I say we proceed with
the assault on Mr. Morales,

hold off on the murder,
see what the police turn up.

I say we prosecute the
assault of an illegal alien

while we back-burner the
murder of an American citizen.

I can write the
editorials myself.

Now political image
even trumps legal reality?

Here is the legal reality.

We're joining the two cases.

Clear?

Mr. Cutter is seeking
to piggy-back two cases

that have no connection.

Except the same
defendants, similar victims...

An illegal immigrant

allegedly thrown from a car,

and an American citizen beaten
to death with a baseball bat?

Both men were Hispanic and both were
branded with the same crude instrument.

MOSELY: How do
you know it's the same?

That evidence will
be provided at trial.

Your Honor, this claim that
the same device was used

is Mr. Cutter's only
basis to join the cases.

BERROW: I get it, Mr. Mosely.

Mr. Cutter, I'm not
granting you this joinder

until you show me evidence

that the victims were branded
with the same instrument.

The defense has the right to
examine that evidence firsthand.

Fair enough.

Mr. Cutter, you will make both
victims available to the defense.

Let's get Oswaldo Morales
examined as soon as possible.

You're here for Oswaldo Morales?

Uh, yes, Connie Rubirosa.

Dr. Rodgers is with
the M.E.'s office.

She's here to conduct an
examination of Mr. Morales' face.

Mr. Morales is no longer here.

He was discharged last night.

Discharged? He was
in a coma on life support.

Who was he discharged to?

Well, pursuant
to hospital policy,

patients who are
undocumented aliens

are repatriated as soon
as they're stabilized.

Mr. Morales was medevaced
to his home country of Honduras.

Medevaced to where in Honduras?

To their main airport
in Tegucigalpa.

And what, you just
left him on the tarmac?

Pursuant to policy, he was turned
over to the Honduran authorities.

He's their
responsibility, not ours.

Shipping a critically ill patient
out in the middle of the night,

without telling anyone.

What's the matter
with these people?

It's simple math.

Seventy grand for
a flight to Honduras

versus 200 grand a month
to keep him on life support.

Well, for 100 bucks, they could've just
put him in a rowboat off Jones Beach.

Do we know where
he is in Honduras?

CUTTER: It doesn't matter.

No judge is going to require the
defense to send their expert there.

We needed him here.

McCOY: Then let's get him back.

We'll issue a material
witness warrant

and pay for his care out
of our discretionary fund.

I hope your
passport is up to date.

It is. I'll get started on
the warrant application.

Paying for an illegal
immigrant's medical bills

with taxpayer's money while millions
of Americans can't afford health care.

I'm sure you know
what you're in for.

Since when are you worried
about my political image?

All things being equal, Jack, I
do want you to win this election.

(SCOFFS)

You want to take my son
where they try to kill him?

CONNIE: If you let
him come with us,

he can fight back against
the ones who did this to him.

(SNIFFLING)

They say he will
never get better.

Is that true?

He'll be in the best
hospital in New York.

The city will pay for his
doctors, his medicines.

(BABBLING)

Hey, we'll pay for
you to come too.

Your son won't be alone.

(SPEAKING SPANISH)

I'll go with Oswaldo. I want to
see the boys who did this to my son.

I'll sign the papers.

(SPEAKING SPANISH)

The diameter, shape
and depth of both burns

are identical.

And both exhibit
the same irregularity

on the outer perimeter
of the burned skin.

To what do you
attribute this irregularity?

There's an indentation
on the edge of the coin.

It lines up perfectly
with both irregularities.

In my opinion, the
same heated coin

was used to make both burns.

Thank you.

All right. Thank you, Doctor.

Your Honor, I have questions.

BERROW: Save them for the trial.

I'm granting the People's motion
to consolidate the indictments.

The defendants will be tried for
both, the assault on Mr. Morales

and the murder of Mr. Alvarez.

The D.A.'s got to
prove he's tough

so he's scapegoating our kids.

It's our children who need protection
from these illegal immigrants.

Like that girl in Washington who was
killed by an illegal from El Salvador.

Or those Mexican drug gangs
that are coming across the border.

What are we going to do
about it? Mr. McCoy. Mr. McCoy.

Are you aware of the
complaint that has been filed

with the attorney general about
your expenditure of public funds

to fly an illegal immigrant
back from Honduras

and pay for his hospital care?

Mr. Morales's presence
serves the defendants' rights

to confront the witnesses
against them, Mr. Pewls?

It doesn't bother you that Mr. Morales
is being afforded medical care

that's beyond the reach of more
than 75% of the residents of this city?

It bothers me that
most people in this city

can't afford high-quality
medical care.

It should bother you too.

One last question, Mr. McCoy.

The Ledger is
coming out with a story

that you hired an
undocumented alien

as a household worker
and nanny for your children.

You care to comment?

I'll comment after
I read the story.

I'm here to talk
about this case.

I intend to make justice available
to everyone in our jurisdiction.

Justice is not a
finite resource.

Because it's given to one doesn't
mean that it will be denied to another.

But if it is denied to
one, it's denied to all.

Nicely handled, but
what about this nanny?

Oh, great.

As to the allegations
against Mr. McCoy

concerning an undocumented
household worker,

well, that's... That's a
matter for different agencies.

However, I understand...

I was going through
my divorce in '91,

Ellen and I were separated.

She hired a nanny.

She was stressed
out, overwhelmed by

everything.

She never thought to
check the woman's papers.

We didn't find out
until a year later,

we let the woman
go, paid her taxes.

So someone's been going
through your divorce records.

Mike, my problems
are my problems.

The work here
goes on, regardless.

Well, we set a trial
date for the Peconic kids.

Good. Keep the pressure
on. (CELL PHONE CHIMING)

Kyle Chase, the kid
who uploaded the videos,

his new lawyer wants to talk.

I'm not going to prison for a
murder I had nothing to do with.

CUTTER: No, we certainly
wouldn't want you to do that.

After what happened with
the guy who broke the window,

Timothy and Tony, they wanted
to go back out Saturday night

to find another beaner but...

Sorry.

I meant a Hispanic.

I didn't want to go with them.

So I bagged out.

Kyle will plead to the
assault on Mr. Morales

and he'll testify against
Moore and Stratton.

Assuming, of course, we get
a satisfactory offer from you.

He doesn't have an
alibi for the murder

or we would've heard it by now.

And since his friends
haven't exculpated him,

we only have his word.

I... I wasn't there, I swear.

I was home. Why
are you sweating him?

He'll give you everything
you need against his friends.

First he testifies,

then we'll talk about a
sentence recommendation.

KYLE: We were
driving around Peconic.

Tony saw this
Mexican walking along.

And so we came up on him,

and Tim capped him with the BB.

The guy, like, jumped.

CUTTER: And that's all you did,

shoot Hispanic
men with a BB gun?

At first. But then one
of them flipped us off,

so we put a beat down on him.

And how often did
you and the defendants

go looking for
Hispanic men to attack?

Not a lot. Maybe once a week.

Did there come a time when you
started looking outside Peconic?

We were afraid of being
caught by the town cops,

so we went into the city.

Tony heard on
TV about this place

where the illegals
went to get work.

Tim had this Mexican
coin from his sister

who'd been to Cancún
on spring break.

Kyle, what did you and the
defendants do with this coin?

Tim and Tony wanted
to pick up an illegal

and burn the coin on his face,

so everybody would
know he was illegal.

And what happened that Friday
night when you came into the city?

We, uh, waited for the
illegals to start showing up.

This Mexican came over.

This man? Yes, sir.
That's the Mexican.

Oswaldo Morales is Honduran.

Okay, whatever. He came over.

We told him we had a
job for him for 50 bucks.

He got in the back with
Tim, we drove away.

Tony talked to him in Spanish
to make him feel comfortable.

CUTTER: What were you doing?

I had this pipe
that Tim rigged up

with the coin jammed in the end.

People's 17. Is this the pipe?

Yes, sir. I heated
it with a lighter.

When it was glowing red,

Tim put his arm
around the guy's neck.

With his other hand he
pressed the coin into his face.

The guy screamed,
he was fighting back.

Tim started wailing on him.

The guy kicked out the window.

Tim pushed him out
the car, we drove home.

CUTTER: Did something
happen later that night?

Tim was, like, let's
go back and do it right.

What did that
mean, "do it right"?

Him and Tony wanted
to kill one of them.

But I wanted nothing
to do with that.

So I just stayed home.

No further questions.

Did Tim and Tony brag to
you about killing Mr. Alvarez?

No.

But didn't they show
you the bat they used

or describe how
Mr. Alvarez died?

No, they didn't say
anything about that.

You don't know for a fact
they killed Mr. Alvarez, do you?

No, I don't.

It's pure speculation
on your part

and the more you speculate,
the lighter your sentence.

Isn't that your deal
with Mr. Cutter?

No.

Aren't you afraid to
go to prison, Kyle?

Yes, I sure am.

So afraid that you agreed
to testify against your friends!

Your Honor, if Mr. Mosely...

Mr. Mosely, do you
have a question?

Kyle, isn't it possible

you let your fear color
your testimony here today?

I don't know. Maybe.

Maybe you did.

No more questions.

Redirect, Your Honor.

Kyle, when you just testified

about what you and the
defendants did to Mr. Morales,

did you tell the truth?

Young man, answer the question.

Mr. Chase, answer or
I'll cite you for contempt.

Okay, sure.

I told the truth.

My name is Ramiro
Lopez. I am from Mexico.

I live in Peconic,
on Long Island.

Are you here legally, Mr. Lopez?

No, sir. I come across
the border one year ago.

Can you describe
what happened to you

in Peconic in
March of this year?

I was walking home.

A green car stop on the road.

Three boys got out.

They scream, "Where you
going, you stupid beaner?"

I try to run. But the boy
with blond hair catch me.

He hit me in the face.
The other boys kick me.

They broke my nose and my ribs.

They say if I do not
go back to Mexico,

next time they will kill me.

Do you see any of these
boys in the courtroom today?

Two of them sit at the table.

Tony Stratton and Timothy Moore.

Thank you.

Who do you work for, Mr. Lopez?

I don't want to say. My
boss might get in trouble.

And you don't pay
taxes, is that right?

I'm sorry but I cannot
find a job in Mexico.

You admit you cheat
our government,

you steal from everyone here...

Mister, if people
came to my country

with no papers and took jobs,

I would feel bad too.

But I have to feed my family.

Yeah, that's all fine and good,

but you're an
admitted thief and liar.

How do we know you're
not lying about my clients?

Your Honor, I move that this
witness's entire testimony be stricken.

Denied. Mr. Lopez,
you're excused.

You may step down.
Thank you, Judge.

Your Honor, the
People rest their case.

BERROW: Mr. Mosely, are you
ready to call your first witness?

Uh...

What's going on there?

Immigration and Customs
Enforcement, Your Honor.

We're taking
Mr. Lopez into custody.

Your Honor, this man
is the People's witness.

He is subject to recall.

It's not my
jurisdiction, Mr. Cutter.

But If I were you, I'd get on
the phone to the U.S. Attorney

and make sure they
don't deport your witness.

Mr. Mosely, call
your first witness.

I came here from Argentina

as an exchange
student 23 years ago.

I met my husband here.

I became a citizen,
raised a family.

I'm very proud to
be an American.

But I'm also proud of
my Spanish heritage.

I raised my son Antonio to
be proud of his heritage, too.

My son does not
hate Spanish people,

he doesn't hate immigrants.

It would be like
hating his own family.

MOSELY: Thank
you, Mrs. Stratton.

Mrs. Stratton, has your
son ever come home

and told you someone
called him names like,

and please forgive my language,

a spic or a beaner?

Yes.

He knows those words hurt.

That's why he doesn't use them.

Has he ever complained that he
was excluded from social activities

because of his heritage?

Sometimes, but it
doesn't bother him.

What? It's not
important to your son

to belong, to have friends?

Yes, like any teenager,

but he wouldn't do anything bad.

I told you, Tony doesn't
have hate in his heart.

So you say.

When you first spoke to
the police at your home,

you pretended not
to understand English.

You let them believe that you
were the housekeeper, correct?

I didn't say I was
the housekeeper.

No, no, you pretended
to be, to deceive them.

It's them who made a mistake.

How could anyone look at
me and think I'm a groncho?

I beg your pardon,
what's that word you used?

A groncho?

JUANITA: It's an Argentine word.

What does it mean?

It means a simple
person, a campesino.

Oh, no, no. That word I know.

That, uh, means a peasant?

Yes.

But a groncho is more than that.

It's a derogatory
term for a poor person,

an unemployed person, isn't it?

It's just a word we
use in Buenos Aires.

By upper class people to
describe the lower class, correct?

Do you use that
word around your son?

I never taught my son that word.

No, but you taught
him that attitude.

No.

That gronchos, people like
Oswaldo Morales and Rey Alvarez

are bums, garbage, sub-human...

Objection. Asked and answered.

Sustained.

I have no further
questions, Your Honor.

McCOY: We've got
nothing to hide, Ellen.

Just tell the truth.

I'm sorry you got
dragged into this mess.

Me, too, Ellen. Thanks.

My ex.

The case is with the jury.

Four hours and counting.

Better lay in the provisions.
It's going to be a long one.

Hey. Judge wants to see us.

Apparently, a court officer

saw jurors watching a Len Pewls
special on illegal immigration.

Who let a TV into
the deliberation room?

This was on an iPhone.

When is this country
going to wake up to the fact

that we have been invaded?

When are the junket-softened
wimps of Washington

gonna quit kowtowing
to the great god of NAFTA

and start throwing
our weight around?

Amnesty, ladies and
gentlemen, is not reform,

it is surrender.

Mr. Di Grappa, where
did you get this podcast?

My cousin e-mailed it to me.

I only showed it
to four of the jurors.

I'm replacing you
with an alternate.

You're dismissed from
jury duty. Have a nice day.

Replacing one juror
isn't enough, Your Honor.

Mr. Cutter, I'm not
declaring a mistrial.

I not going to put this city
through another month of this.

The other jurors
have sworn to me

that they can maintain
their impartiality,

despite what they've heard
from this race-baiting gas-bag.

The jurors will
resume deliberations.

BERROW: Has the
jury reached a verdict?

We have, Your Honor.

As to Rey Alvarez, a count
of Murder in the First Degree,

how do you find?

We find the
defendants not guilty.

(ALL MURMURING)

BERROW: As to Oswaldo Morales,

on a charge of Attempted
Murder, how do you find?

We find the
defendants not guilty.

BERROW: As to Oswaldo Morales,
on the lesser included offense

of Assault in the First
Degree, how do you find?

We find the defendants guilty.

How much time?

The judge said five years.

(CRYING)

Five years for what
they did to my son?

Oswaldo survived the
attack, Mrs. Morales.

He's still alive.

This is not alive.

Look at him.

No change, no change.
That's what doctors say.

There are other ways to make
them pay for what they did.

We can find you a lawyer
who can sue their families.

I don't want money.

(CRYING) I just want
my son to wake up.

I want to see him play
with my grandchildren.

But he never will.

He never will.

Thank you for what you did.

Thank you.

U.S. v. Stanhope
is a good precedent,

you should cite it
sooner. Paragraph 3.

(CELL PHONE RINGING)

Mike Cutter.

When?

All right, thanks
for letting me know.

Maria Morales signed a DNR
order for her son this morning.

He was taken off life support

and declared dead
20 minutes later.

(SIGHING)

Send Mrs. Morales
our condolences.

Then re-charge Timothy
Moore and Tony Stratton

with first-degree bias murder.

Right.

Jury found them guilty
of assaulting Oswaldo,

stands to reason they'll
convict them of his murder.

CONNIE: You think she knew?

Oswaldo's mother?

Maybe somebody told her

his death would give
us a new cause of action.

Why not?

Everyone games the system.