Law & Order (1990–2010): Season 19, Episode 9 - Law & Order - full transcript

Cutter finds himself pitted against a lawyer whose manipulation of the legal system keeps letting him get away with murder, and Lupo's mistake risks the current case and Cutter's life.

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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.

Top you off? Thanks.

And let me get another
piece of that raspberry pie

with a scoop of
vanilla ice cream.

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

That stuff must really work.

Yeah, works for me.



(CHUCKLES) Got
a lady joining you?

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

who's been sticking it to me.

I'll be right back
with that pie.

Guy in that bodega heard shots,

saw a dark colored SUV
burn away from the intersection.

Two shells, 9mm.

MURPHY: DOA's a Charles Sawyer.

Address in East
Meadow, Long Island.

Business card says
he's a contractor.

The weapon was fired from here,

maybe when the car was
stopped at the stop sign.

Driver's foot
came off the brake,

and it rolled into
the streetlight.



One shot to the head.

The passenger window's open.

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

pulled up on the right side.

Maybe somebody he knows.

We got two more shots.

Three shots, and
only two shells.

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

"Connelly and Seltzer Law Firm."

And the winner is...

Charlie's divorce
papers. Unsigned.

Well, the divorce is final now.

Charlie had the divorce
papers for three weeks.

Then all of a sudden
yesterday he calls,

quick, quick he
wants to come over

and get me to sign them.

Any idea why the rush to
get the divorce finalized?

I figure the only reason
men want a divorce

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

What were you two
fighting over in the divorce?

Nothing. Just feelings.

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

Oh, he had this little place

up in the Poconos from his mom.

She died last summer
from emphysema.

What about his
contracting business?

I heard it wasn't going so hot.

He had to borrow a load of money

from some, you know, people.

DALE: Hey! Hey, hey, hey!

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

Get it off the truck right now!

Hey! Hey! Police, break it up.

Officers, he's trying
to steal our equipment.

Aw, you lying sack!
Sawyer owed me money.

Come on, let's talk over here.

Hey, you men
unload that backhoe.

Let me see some ID.

What's going on? (SIGHS)

I lent Sawyer a hundred grand.

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

This morning I hear he's dead.

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

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

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

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

The guy's not even dead a day

and already the vultures
are picking at the bones.

How long has that
vulture been circling?

Charlie was into
him for a brick.

Biaggio was leaning
on him to pay up.

Doesn't look like his
prospects were too bright.

Your job board's empty.

Not that Charlie
seemed to notice.

How do you mean?

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

Charlie blew it off.

Said he had something
important to do.

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

by the end of the week.

You know anything about that?

No.

Look at how the guy lived.

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

This story about
coming into some money

could just be Sawyer
playing for time.

Except he passed up on a job,

and pushed his wife to
sign off on the divorce.

Any idea what he
was doing in the city?

Uh, eating raspberry pie.

That's what he
had in his stomach.

M.E. figured Sawyer chowed down

within an hour of being shot.

What about his cell records?

Here they are, right here.

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

and his construction office

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

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

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

from a phone booth on
Leonard and West Broadway.

It's a few blocks
from the crime scene.

Can you it up on the map?

Just a second.

(BEEPS)

Let's see a street view.

(KEYS CLATTERING)

Check out the diner
across the street.

BERNARD: "Fresh Homemade Pies."

Mr. Raspberry Pie. Came in here,

sat right there by
himself for an hour.

Tipped me ten bucks.

The pie man was flush?

Just deliriously happy.

I thought he'd been sucking on

that oxygen tank
he had with him.

Oxygen tank? Mmm-hmm.

No bigger than a thermos.

What was he so happy about?

He said he was going
to stick it to the guy

who was sticking it to him.

BERNARD: And who was that?

The guy who he said
he was waiting for.

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

He got a call and he
left. (BELL DINGS)

Excuse me.

BUTLER: Charles
Sawyer wasn't a client.

On the contrary,
Mr. Sawyer and his mother

were suing one of our clients.

And what client is that?

PanWorld Airlines.

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

Yeah. Flight 33
to Miami. Uh-huh.

Mr. Sawyer's father
was on the flight.

Mr. Sawyer and the
families of the other 96 victims

have a class action
suit against PanWorld.

You close to a settlement?

Hardly. We're far
apart on numbers

and nowhere near a trial.

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

was killed by one of the
plaintiffs five years ago.

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

He said he had some
good news for my client,

and he wanted a meeting.

LUPO: Good news for PanWorld?

He wanted to cut a
side deal with you guys?

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

LUPO: What was
Sawyer's good news?

We didn't get that far.

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

without the permission
of his lawyer.

The explosion ripped
a hole in the fuselage.

The FAA ruled out terrorism,

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

How much is this lawsuit
worth, Mr. Winston?

I represent the families
of 46 of the victims.

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

Our records show
that Charlie Sawyer

called you the day
he was murdered.

Yes. He called every week,

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

I know things
were tight for him.

(KNOCKING ON DOOR)

Thanks, Wanda.

These are depos from
the airline's own mechanics

about working double shifts
and rush maintenance checks.

We even have affidavits
from whistle-blowers.

Before he called you, he
told PanWorld's lawyers

that he had good news for them

and that he wanted to settle.

What kind of good news?

That he didn't say.

Knowing Charlie, he
was working an angle.

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

"How much are the
Islamo-Fascists paying you

"to hide the truth
about Flight 33?"

There's a pack
of conspiracy nuts

that have turned this
tragedy into an industry.

They've got books
and blogs to peddle.

Some of them have even
harassed my clients directly.

BELANGER: Do you have a warrant?

Not that that matters.
I mean, your kind,

you don't care about
warrants, do you?

You will not silence
me, you know.

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

So, you think this is funny.

Not really. Ninety-six
people are dead.

Ninety-seven if you
count Charles Sawyer.

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

He's a plaintiff in the lawsuit

whose silence was for sale. Yes.

You sent the victims'
families letters

urging them not to settle.

You were harassing them.

I was harassing them?

Please, they were harassing me.

Not a week went by
when this Sawyer fellow

didn't post some anonymous
screed on my blog.

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

Because I keep meticulous
record of every IP address

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

Name, login address, date, time.

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

The day he was
shot. Can I see this?

Well...

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

Okay.

Okay, so, Sawyer logged in
from Henryville, Pennsylvania

at 10:16 in the morning.

Henryville's in the Poconos

and his mother
had a house there.

Maybe Sawyer
kept his facts there.

What the hell happened here?

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

The place's been on the market

since Mrs. Sawyer
died last summer.

Her son stays here
from time to time.

This damage looks recent.

DILLMAN: It happened
last Monday morning.

I called Charlie Sawyer.

He came out here
Monday afternoon.

So, what happened?

Oxygen tanks inside
the house blew up.

Let me show you.

Mrs. Sawyer had emphysema.

She needed oxygen.

There were a couple
of unused tanks

that had been stored
next to the furnace.

Once the weather got
cold, the furnace fired up,

these tanks got too
hot and exploded.

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

Last time we saw
a hole like that,

it was on the side of a plane.

The lab said that
if an oxygen tank

was placed in the
cargo hold of a plane,

it can be subjected
to temperature spikes,

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

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

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

(KNOCKING ON DOOR) I
talked to Charlie's uncle in Miami.

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

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

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

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

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

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

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

An exploding tank
would rule out negligence

as a cause of the accident.

And the airline
would be off the hook.

And in turn for a payoff,

Charlie gives them a defense.

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

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

probably for
show-and-tell at PanWorld.

It was missing from
his car after he got shot.

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

I got to tell you guys,

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

If there was an oxygen
tank in the cargo hold,

they would've been
all over it years ago.

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

just that somebody
thought it might be.

And they killed him before
he could tell PanWorld.

"They" meaning
who, another plaintiff?

Was Charlie in touch
with any of them?

They have support
groups, websites.

I can't keep track of them.

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

You might ask them.

What about among
your plaintiffs?

You mean as a suspect?

Some of them have
criminal records,

few others could use
anger management classes.

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

Just for the drill, where
were you Wednesday night?

Our lieutenant
would want us to ask.

Yeah, besides, you do
have a financial stake

in this, right? If
you win the suit?

(CAR LOCK BEEPS OPEN)

You're serious?

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

Don't get hostile, Detective.

I was at home Tuesday night

and, yes, I live alone.

Call me tomorrow if you want

to take a look at those files.

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

I admit he's got
a financial motive.

A third of four hundred million?

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

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

Eyewitness saw a dark
colored SUV leave the scene.

You just don't like lawyers.

Nothing personal,
Lupes, all right?

(CELL PHONE RINGING)

Oh. Hey, Winston had an arrest

in Henryville, Pennsylvania
last Wednesday.

Day after Sawyer was shot.

Right, last Wednesday.
Arrested for what?

Doesn't say. The
disposition was sealed.

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

I'd be breaching my
powers as County Attorney.

Ryan, that affidavit
you gave me yesterday?

I need you to do it over again,

this time in English,
if you can manage it.

Yes, sir, Mr. Bainbridge.

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

Sorry.

You want a look at
that arrest in Henryville,

get an unsealing order
from a County Judge.

They're in session
every other Friday.

I need that affidavit
tomorrow morning, Ryan.

Two weeks from
now is a long time.

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

(CHUCKLES) Bainbridge?

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

(LAUGHS)

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

I got it up to 195 last week.

BERNARD: No kidding.

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

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

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

show you where they gunned
down Big Paul Castellano.

Oh, yeah? Okay if my
husband comes along?

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

Have a good one.

Hey. Yeah?

That arrest in
Henryville? Uh-huh.

What's Winston's first name?

Martin. It was last Wednesday.

All right. All right, promise me

this does not get
back to Bainbridge.

Okay, deputy responded to
a prowler call at 0600 hours

at the home of
Bernadette Sawyer.

Arrested Martin Winston
for criminal trespass.

Uh, hey,

Winston might have
been making sure

Sawyer didn't leave
anything behind

connecting the house
explosion with the plane crash.

LUPO: What happened
after the arrest?

The sheriff voided
it after confirming

he was the... the attorney.

What's this about a black Lexus?

Well, the deputy ran the
vehicle Winston was driving.

It was a black Lexus SUV.

Registered to a James Hewitt,

188 East 79th
Street. New York City.

Same apartment
building as Winston.

Thanks.

LUPO: Are you friendly
with Marty Winston?

Marty, down the
hall? Yeah, sure.

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

The only thing Marty
had was permission

to take my newspaper
while I was away.

You mind if we look at your car?

I usually leave the key
with the guy out front.

He keeps it in a drawer.

You mean the drawer
he keeps unlocked

while he takes a bathroom break?

We saw that drawer.

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

Yeah, yesterday.

You notice anything
unusual inside?

Uh, no.

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

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

Let me see your flashlight.

Looks like there's
something jammed in here.

Can I see your pliers?

Okay, hold that right there.

Looks like a 9mm shell casing.

Mr. Winston.

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

Yeah. Hold on.

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

LUPO: How about this?

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

I want to see an arrest warrant.

Oh, my bad.

I think I left it in Henryville.

By the way, the sheriff says hi.

CLERK: Docket number 86947.

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

How does the defendant plead?

I'm not guilty, Your Honor.

And I'm appearing pro se.

You're a lawyer? A litigator.

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

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

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

The People seek remand.

WINSTON: I'm not going
anywhere, Your Honor.

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

One of the largest class
actions in the Southern District.

I intend to see that
case to the end.

Your Honor, Mr. Winston
is charged with killing

one of his own
clients in that lawsuit.

Hold on, Ms. Rubirosa.

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

Yes, Your Honor.

And it would be a tremendous
disservice to the aggrieved families

if their lawyer was denied bail

and unable to
represent their interests.

I agree. Bail is set
at one million dollars.

That won't be a problem.

One last thing, Your Honor.

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

and to close the courtroom
to the press and the public

until these ludicrous charges
have been disposed of.

We have no objection
to a gag order,

but closing a courtroom
violates the spirit

of the First and
Sixth Amendments.

The rights of the Flight 33
families take precedence.

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

to taint a potential
jury pool in that case.

It's overkill.

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

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

I'm going to grant his motion.

Next case. (GAVEL BANGS)

WINSTON: First
order of business.

A financial
disclosure affidavits.

I'm gonna need one
from each of you.

If you own stock in
PanWorld Airlines,

it's a conflict of interest.

This is all you
can come up with?

You laying the foundation for
ineffective assistance of counsel?

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

That's not going
to happen this time.

No doubt we have a lot to learn

from a tough litigator like you.

You're going to learn
something about commitment.

I eat only what I kill.

Earnest civil servants like you

get paid no matter
what, win or lose.

Now, considering the
evidence we have against you,

I suggest you stop
strutting and start dealing.

That brings me to the
second order of business.

Motion to suppress all that
damning evidence against me.

Pleasant dreams.

We asked the County Attorney
to unseal the arrest record.

He refused to do so
without a judicial order.

Sheriff's deputy, Ryan,
overheard the conversation

and volunteered to
access the record.

It stated that Mr. Winston
had been in possession

of his neighbor's car.

During a subsequent
search of that car,

we found a 9mm shell casing

that matched the casings
at the crime scene.

Just to be clear, Detective,

did you ask Deputy Ryan
to access that record?

LUPO: No, sir. She volunteered.

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

Thank you.

(CLEARS THROAT)

Detective, were you aware

that absent a judicial order,

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

I didn't know it for a fact.

In other words,
your gut told you

that you she didn't
have the authority.

LUPO: I acted in good faith.

Besides there were
exigent circumstances.

Such as?

We were concerned
the suspect might flee.

Oh, you mean me?

(SCOFFS) Now why would I flee?

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

Objection. Counsel
is testifying.

I'll withdraw.

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

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

Yes. I'm in first-year law.

A first year law student.

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

Binns?

Yes, Binns. Where a
warrant is necessary,

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

Detective, even if...

Your Honor, this
isn't a bar exam.

WINSTON: Even if
the door is wide open.

Remember it now, Detective?

Okay.

So, please tell the court
how People v. Binns

just might apply to this
situation here with Deputy Ryan.

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

Detective, you're excused.

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

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

The evidence in that file

would inevitably
have been discovered

once the detectives had
gotten a judicial order.

Inevitable discovery can't
excuse illegal behavior.

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

Stand back, the both of you.

I'm ready with my decision.

Detective Lupo may
have convinced himself

that looking at the sealed file

was within the
letter of the law.

But he knew that doing
so, violated its spirit.

Therefore, he did not
have good faith needed

to overcome the protection
of the Fourth Amendment.

I am left very
unhappily with no choice

but to grant
Mr. Winston's motion

to suppress both the
car and the shell casing.

WINSTON: Your Honor, I move
for a dismissal of all charges

on the grounds of
insufficient evidence.

The People strenuously object.

Do you have any admissible
evidence, Mr. Cutter?

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

And given this
extreme consequence,

I request time to
submit further evidence.

I have litigation to attend to.

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

Mr. Winston, you have
gotten obscenely lucky.

Don't get greedy.

I will give the
People three days

to justify the murder charge.

Otherwise, the motion
to dismiss will be granted.

With prejudice.

We are adjourned.

(GAVEL BANGS)

BERNARD: Forensics' been
through the neighbor's car,

there are no prints,
no DNA, no fibers,

nothing to prove
that Winston used it.

We checked the security
cams near the crime scene.

No sign of Winston.

He walks free
today, we'll never get

another shot at
him for this murder.

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

Look, we've shone all
manner of flashlights

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

The FBI has a file on him?

They vetted him when he
was a prosecution witness

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

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

Right. And, Detective,

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

You're not that good.

What? What did you say to me?

You heard me.

Yeah, maybe a real lawyer

wouldn't let me flap in the wind

while I was being
cross-examined.

Maybe a real lawyer
would've shut Winston down.

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

that put this case
in the crapper.

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

Mike!

Lupes...

Come on, man. Let's go.

You know better than anyone

that decision could've
gone either way.

Yeah, yeah. The
murdered judge case?

It was tried in federal court.

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

was convicted of the crime.

Winston was the main
witness against him.

He testified against
his own client.

Two murders come out
of the PanWorld case,

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

Sure, why not.

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

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

text me, will you?

JUDGE LLOYD:
Mr. Cutter, you have no idea

how disappointed
I am in your office.

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

This isn't T-ball.

You don't get free swings.

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

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

If you don't dismiss
with prejudice,

I'm walking straight from
here to Appellate Court.

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

The case is dismissed,
with prejudice.

I want the record sealed
and a permanent gag order

placed on the District
Attorney's Office.

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

WINSTON: Is outweighed
by the danger of prejudice

to the PanWorld plaintiffs.

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

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

Only if I needed
grounds for a claim

of ineffective
assistance of counsel.

Be quiet, both of you.

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

is to safeguard his share
of the PanWorld payout.

Everything else is
window-dressing.

WINSTON: After I'm
done with PanWorld,

I'm coming after
you for defamation.

That's it.

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

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

Mr. Cutter, the
law here is clear.

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

The record is sealed.

Go pay your fines.

The PanWorld case was
assigned to Judge Davis,

a hard-core pro-business jurist.

Winston thought he'd soften up

if some of the grieving
families showed up in court.

Let me guess. It backfired.

That's an understatement.

Davis threatened to toss the
case on summary judgment.

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

shot him in the doorway
of his brownstone.

What was your
evidence against Cruz?

A cigarette butt.
His brand, his DNA

was found in the
judge's doorway.

That's strong physical evidence.

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

Not a tough case.

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

Marty Winston.

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

Where do they have him?

In a cemetery in Queens.

He was executed for the
murder six months ago.

Cruz's alibi for the shooting

was that he was at a coffee shop

waiting to meet someone
about a job as a messenger.

But no one there remembered him,

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

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

What was his defense?

He swore that he was framed,

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

And since Cruz had
priors for check fraud,

the prosecution had a field day.

Not to mention
Winston's testimony

probably put the
nail in Cruz's coffin.

(KNOCKING ON DOOR)

Could you excuse us?

You getting enough sleep, Mike?

Reaming out police officers,

screeching at opposing
counsel, a contempt citation.

You want a diplomat,
look elsewhere.

You want to get results...

We aren't getting
results, are we?

A murder case
dismissed with prejudice.

Yeah.

Tell me what you need, Mike.

A day off, lighter
caseload, whatever it takes.

I can't have you
flying off the handle.

I get the message.

Thanks.

I'll be okay.

This... This lawyer, Winston,

it's the adversarial
system gone haywire.

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

Sounds like
somebody's evil twin.

So, he gets away with murder?

Three murders.

A judge?

And the defendant Winston
helped send to the death chamber.

You have work to do.

MARIA: Victor wanted to
be buried next to his parents.

They both died
together on Flight 33.

Victor didn't kill that judge.

He never hurt anybody
in his whole life.

Wasn't he angry
with Judge Davis?

Sure. The judge
was being unfair.

But Victor said we had to trust

that Mr. Winston will get
justice from the airlines.

How do you explain the cigarette

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

(SIGHS) I don't know.

I made Victor quit smoking
when Justin was born,

but he still do it
sometimes, outside.

At his trial, he said sometimes

he smoked at Winston's office.

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

Maybe somebody took
Victor's cigarette butts.

Who would do that?

I can't imagine who,

but all the families were
in that office that week,

and they were all
mad at the judge.

Did you or Victor
ever suspect Winston?

No.

Mr. Winston
treat us like family.

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

he sends $100.

He doesn't have to do that.

Of course we investigated
this frame-up allegation.

There's nothing to it.

Cruz couldn't even
say who framed him.

How about Marty Winston?

That's a good one.

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

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

then you also know that
Winston categorically denied

that he ever let anyone
smoke in his office.

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

Winston had more to gain
by getting rid of Judge Davis

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

I'm not going there, Mr. Cutter.

You never found a murder weapon,

never connected
Cruz to any weapon,

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

Mr. Cutter... The
only person who said

Cruz was near the
shooting was Cruz himself.

And why would he do
that if he was guilty?

Play it out, Mr. Cutter.

"Members of the jury,

"we already executed
someone for this crime

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

It's pointless.

I know Winston hammered
you in court last week.

Don't come in here
making it my problem.

Anyone who stands between
Winston and his payday,

he kills, that's his MO.

Charlie Sawyer who was
giving PanWorld a viable defense,

Judge Davis who was
biased toward the airline.

You don't have to convince me.

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

All hard evidence
points to Cruz.

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

If I smoked, what would I smoke?

CUTTER: The office
won't pay the contempt fine.

It has to come out
of my own pocket.

You're here for a loan?

No, Mr. Winston.

I wrote a letter
apologizing to the judge

and asking her to reconsider.

And I thought it would
be more effective

if it came from both of us.

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

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

What the hell!

As much as I hate
groveling in front of judges.

You'd better make
a copy for your files.

Wanda, make two copies.

Thanks.

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

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

It really wasn't your fault.

It's those dumb cops.

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

You okay if I smoke?

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

Go ahead.

I've already tried
gum and patches.

Next stop, acupuncture.

How's this case going?

We finally got a trial date set.

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

What are you going to
do with all that money?

Reupholster the furniture?

(LAUGHS)

See the Woolworth Building?

A hedge fund used
to have the top floor.

I'll be moving in
first of the year.

So, this your new plan?

Arresting him for
code violations?

A little more than that.

During Cruz's murder
trial, his defense argued

that he was allowed to
smoke in Winston's office

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

and planted it at
the judge's house.

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

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

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

CUTTER: Hopefully
to a murder trial.

Whose murder? Judge Davis?

Victor Cruz.

Winston's false testimony led

to Cruz's conviction
and death sentence.

Murder by perjury?

Is there any case law on this?

I haven't found any.

I realize we'd
be taking a flyer.

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

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

All the more reason to try it.

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

what the hell are
we doing in this job?

We stipulate that all the
passengers died in the crash,

so graphic photos of the
victims have no probative value.

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

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

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

Yes, sir.

Do your job.

Hey, Counselor,
you're under arrest

for the murder of Victor Cruz.

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

Hell, yeah.

Sorry, Your Honor.

PHILLIPS: Murder by perjury?

What are you people
smoking up in your office?

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

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

There's nothing wrong with
using a little creative lawyering

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

This is Mr. Cutter's
personal vendetta.

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

I decide who does
what with this office.

I'm moving to
dismiss this nonsense.

Better do a good
job, Mr. Phillips,

or Winston might kill you, too.

This case should be dismissed
for its sheer arrogance.

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

The People's theory
tracks a statute

that's been around
for 100 years.

Mr. Winston's perjury
was a reckless act

which created a
grave risk of death.

Even if my client
shaded the truth,

how could he anticipate the
jury would convict Victor Cruz?

That death would be imposed,

that all his appeals
would be denied?

You counted on it.

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

Here we go again.

Your Honor, Mr. Winston
is an attorney.

He knew his lies
would help convict Cruz

for the murder
of a federal judge.

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

His lying evinced a depraved
indifference to these realities.

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

as a key factor
in their verdict.

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

We were in
deliberations for six days.

We had eight votes.

Half the jurors believed
Mr. Cruz's claim

that he was framed
was plausible.

What changed their
mind, Ms. Palina?

Mr. Winston's testimony.

What specifically
about his testimony?

(SIGHS)

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

Mr. Winston said
it wasn't the truth.

We all thought if
Mr. Cruz could lie

about something so little,

he could lie about everything.

Did it ever occur
to any of the jurors

that it was Mr. Winston
who was lying?

No.

He was representing
Mr. Cruz on that lawsuit,

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

And when he testified,

you could tell it
was difficult for him

going against his own client.

Mr. Cutter, if you please.

Ms. Palina, are you telling us

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

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

that you would not
have convicted Mr. Cruz?

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

Sit down. (WHISPERING)
You can't let her do that.

Answer the question, please.

If Mr. Winston had said that,

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

I wish he had
said it, Your Honor.

Even though we followed the law,

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

(SOBBING)

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

but for the false
testimony rendered

by the defendant,
Martin Winston,

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

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

In that case, we ask
that his bail be revoked

and that he be remanded.

That's pure vindictiveness.

History indicates that
the defendant won't flee.

He'll remain out on bail.

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

for the murder of Victor Cruz.

(GAVEL BANGS)

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

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

Don't you worry about that.

PanWorld's ready
to make an offer.

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

Don't be so sure.

Ms. Rubirosa is
filing a complaint

with the Grievance
Committee as we speak.

We're seeking to have
you removed immediately

from the PanWorld litigation.

You don't have
standing to do that.

But Victor Cruz's wife does.

The evidence supports
an indictment against you

for the murder of
Charles Sawyer.

We also find reasonable cause

to believe you perjured yourself

to frame one of your own clients

for the murder of
Judge Henry Davis,

a murder you must now be
suspected of having committed

to influence the outcome
of the PanWorld litigation.

The Committee can't believe...

Let me finish, Mr. Winston.

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

Nothing has been proven.

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

But the Committee
has to allow me

to continue my representation

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

Convicted or not, you
manipulated the legal system

with lies and,
apparently, murders.

I worked on PanWorld
for seven years.

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

You took the case
on contingency.

There was never a
payment guarantee.

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

Besides disqualifying
you as counsel,

we're also prohibiting
you from receiving

any compensation
derived from this case.

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

Where's the fairness?

You are stealing from me!

Shame! Shame on all of you!

(DOOR SLAMS CLOSED)

I'll catch up with
you downstairs.

You happy now?

You went after my money.

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

Don't worry about
money, Mr. Winston,

I'll send you $100
on your birthday.

You can use it at
the prison canteen.

Look how he's walking.

PanWorld was my whole life.

We can talk outside.

(GUN COCKING) Talk to this.

Get down!

Drop it! Get down!

Give me...

You okay?

I think so.

Thank you.

Sure.

Don't move.

Let's get you out of here.

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

pretty ignoble
crime scene photos.

Another reason to be
grateful to Lupo and Bernard.

Here's to earnest
civil servants.