Law & Order (1990–2010): Season 7, Episode 2 - Law & Order - full transcript

A woman is charged with murdering her sister, but prosecutors learn that the defendant is actually the other sister--who assumed the real victim's identity. Meanwhile, the judge becomes hostile to the prosecution during the trial.

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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.

He wants to video-conference
New Zealand? Great!

Why do we have to
come in at 6:00 a.m.?

To stand in the back and wave.

I mean, they don't
have to come in early.

They're staying late.
It's 1:00 a.m. in Auckland.

No, they're across
the date line.



It's 1:00 a.m. yesterday.

What's the rush?

Actually, it's 1:00
a.m. tomorrow.

So we're already too late.

I just got out of
bed for nothing.

Oh, my God.

No purse. No
identification. No clothes.

But it is a nice
compact crime scene.

We're gonna have
to take numbers.

Rey, what do you see?

Looks like a bullet went in
behind the ear. No exit wounds.

I make her 25,
maybe a little older.

Can you roll her prints now?

We gotta get started on the ID.



Sure. Soon as somebody leaves.

I got you some
Polaroids. Pretty life-like.

Other fellow said you
wanted the sign-in log.

Oh, thanks. So, what
time do you start using this?

Anybody comes in the
building after 8:00 p.m.,

he has to sign in.

All night till 6:00
in the morning.

How about signing out?

They never have to sign out.

So if she came in
before 8:00 last night,

you'd have no record of her?

Not unless she
walked in like that.

Then somebody might remember.

Thanks, and if the shooter
came in before 8:00,

wouldn't be any
record of him either.

Well, at least one of them probably
worked here. You got Polaroids?

Yeah. Excuse me.

How many offices are
there in this building?

Four hundred and seven.

Four hundred and
seven. I'll cancel lunch.

The M.E. had a look
at your Jane Doe.

She died sometime last night.

Shot in the head with a .25.

They happen to say which .25?

We ran down the names on the
night sign-in. Only two women.

We reached them both by phone.

How about the killer?

If he signed in, he didn't
mark his name with a star.

Her prints don't
come up with a hit.

There's nothing
at Missing Persons.

So you've got two
weeks before the M.E.

ships her off to potter's field.

To be buried by
convicts, six to a grave?

Young woman like that, somebody's
gonna come looking for her.

You gonna sit and wait for them?

Hey, we'll knock on doors.

She came to that
building to see somebody,

or somebody came to see her.

Four hundred and seven doors?

Start with the elevator.

You know, people
don't appreciate

what kind of
improvements we've made.

Hey, used to be you'd ring
to go down at lunch time

and you'd wait
around for 10 minutes.

That CPU monitor the system?

Now the elevators are smart.

They know exactly
where to be at noon.

Yeah, the Stage Deli.

What we need to
know, Mr. Perkles,

is where that elevator...

That car. Car three.

Where car three
made its last stop

before it went down to
the lobby with a body in it.

Well, the car doesn't
remember where it was.

But I got my COS Car
Out Of Service program.

You see, whenever an elevator

isn't called for 10 minutes,

it times out until
it's called again.

Let's see, car three
timed out at 3:07 a.m.

Went back on line at 4:02.

Down button pushed on thirty-one.
- 02 a.m.

My God. That's what she
looked like, huh? After?

Do you remember
seeing her last night?

No. No, I don't think so.

What about your boss?

Well, Mr. Mack's in
Tampa. He left Monday.

Did you see anybody
up here last night?

I left early.

Right. Your boss is
in Tampa. Thanks.

Four hundred and six.

The music publisher
was closed yesterday.

Jewish holiday. Bookkeeper
didn't recognize the picture.

There are five lawyers in 3128.

They want the name
of the next of kin

so they can sue the building
for inadequate security.

Nobody home. Let's
ask the neighbors.

Oh. Uh... They're back. May I?

No, it's my friend, Brenda.
She loves policemen.

Yes, I'm a detective.

No, the other
one's the cute one.

It's Brenda. She'll
call you back.

Who has the office
across the hall?

His name's Maslin.

But he's not very
friendly, though.

What does he do? He's a CPA.

But he's got lots of women going
in and out of that office, you know?

Good-looking ones, too.

Why don't you go
ask him? He's not in.

Really? That's odd.
He's always in by now.

I'm leaving on vacation.
It's not that complicated.

So, getting ready
for your trip and all,

you didn't happen to work
late last night, did you?

Yes. I was catching up
on quarterly tax reports.

I'm an accountant.

Right. That's why so many
beautiful women come to visit you.

My accountant, Manny Loper,

has to beat them
off with a stick.

I do a lot of models.

Their taxes.

I got one from the Mason
Agency, and she told her friends.

Not a lot of CPAs
know when mascara

is allowable as a
business expense.

I've got a plane to catch.

We're just wondering,

how come you didn't notice
the elevator you took to the lobby

had a naked dead
girl lying on the floor?

No, it didn't.

You rang the bell at 4:02 a.m.

Car three responded. Car three
was the one with the body in it.

You know all that? Oh, yeah.

You see, nowadays elevators
are very smart, Mr. Maslin.

People don't appreciate it.

My God. She must have
been in the first elevator.

What do you mean, the first?

I rang for an elevator,

then remembered I'd left
some books in my office.

When I got back, an
elevator door was just closing.

I pushed the button again,
and another one came.

She could have been a model.

I say we get his client list.

I don't think so. Her body
wasn't right. It wasn't?

It was too short. Her
hips were too wide.

That's pretty thorough work
you did at the crime scene, Rey.

I was just doing my job, Lennie.

Yeah, right. Mr. Perkles!

Okay, I got all the reports.

You know, there
was another call on 31

a few minutes later.

You didn't tell us that before.

You didn't ask. I mean, I
told you what you asked.

You said car three
timed out about 3:00 a.m.

So it was used a
little before that, right?

Yeah, 2:56. And I've got two
calls at 2:56 from the same floor.

One up and one down.

Looks like cars three
and five responded.

Well, that's it, Lennie.

Right. What?

You shoot somebody
in an elevator,

you gonna ride down
to the lobby with her,

or are you going to
go straight down...

While you send the body
up to the penthouse first.

Which floor got the double call?

18.

Each of these offices is rented
separate. Turnkey, short-term.

You want an office
tomorrow, you got one.

You're gone next week.

What else is new? So...

Was she here yesterday?

Somebody down the
hall said they saw her

coming out of the
bathroom around 6:00.

I'm done at 5:30 though.

These guys' leases give them me,

eight hours a day, period.

But she does look like someone

I might have talked
to on the phone.

She looks like someone you
might've talked to on the phone?

Yeah. An out-of-towner.

She called about 5:00.

Had an appointment here,
needed directions from the hotel,

wanted to know how
much time to allow.

What hotel?

The Barrington.
She was new in town.

From somewhere in the Midwest.

Oh, we talked a little bit.

You talk about who she
was coming here to see?

No, that didn't come up.

She asked about the black guys
that sell the handbags in the street.

You know, "Are
they really Gucci?"

She... She was really sweet.

I mean, this is
awful. I'm sorry.

Did she happen to mention
where in the Midwest she was from?

Indiana. No, Wisconsin.

It was someplace like that.

Oh, I know. The town
had an Indian name.

Hiawatha. No, it wasn't
Hiawatha. It was something.

I don't know, but why don't
you guys check at the hotel?

Yeah, we have guests
who look like that.

And we have guests
who look like you.

And we have guests who
look like him. It's a big hotel.

And you could be a tiny
bit more helpful if you tried.

I see a thousand faces a day.

You got a printout
of your guests?

Yeah. But without pictures.

What about hometowns?

Yeah. There.

Thank you.

Marilyn Stocker, Chicago.

You know, that's an Indian name.

I think even that receptionist

would have remembered Chicago.

Oconomowoc, Wisconsin.

No. Mister Lester Korn.

Lucy Sullivan,
Indiana. Terre Haute.

No, that's French.

Consider the source.

You see a Lucy Sullivan today?

How would I know?

What room is she in?

Yes, in there. I saw her one or two
times when I was making the bed.

Did you make up the bed today?

Yes. There was nobody there.

Yeah, just suitcases
and clothes.

You guys want to go in?

Yeah.

Subway map. She
was new in the city.

She wasn't afraid
to ride the subway.

What do you want?

Who are you?

I have some money.
You don't have to hurt me.

No, no, lady,
look. We're police.

Police? What do you want?

We're investigating the
murder of Lucy Sullivan.

I'm Lucy Sullivan.

Miss, would you step out
here for a minute, please?

A woman was found with
no identification on her.

Now, the trail led us here.

And she looks
like you. She does?

My sister, Joanne, she didn't
come back to the room last night.

There's only one of
you registered here.

We were saving the surcharge.

Here.

We took that at South Street
Seaport. That's me with Joanne.

When was the last
time you saw your sister?

Is it her?

Why don't you just get dressed?

No. If my sister is
dead, I want to know.

Oh, my God.

Joanne.

What happened?

That's her. Joanne.

I'm sorry.

This was our best
time together in years.

I'd always wanted to come
to New York on a vacation.

I was so happy
when she showed up.

So you weren't expecting her?

She knocked on my door the
first night and said, "Room service."

Where was she living?

She moved a lot.

She traveled, for some
kind of a sales job.

She told me it ended and
she was looking for a new one.

That's where she
was going yesterday.

To a new job?

An interview. I
don't know where.

Weren't you worried
when she didn't come back?

There were a couple of nights
when she didn't come back.

She had a boyfriend.

Who?

I never met him. She told
me he wasn't "MDR" yet.

That was our old joke.
When my parents were alive

and we were dating in high
school, we would only bring home

the ones that were "MDR."
Mom and Dad Ready.

Some boys never were.

And those were the
ones Joanne liked?

Yeah.

Hotel phone records.
- 00 p.m. call

from the victim's
room to that office.

There have been 50 tenants
through that office in the last year.

Half of them forget to turn
the keys in when they leave.

Any calls to a boyfriend?

Nope. Nobody, ready
for Mom and Dad or not.

Is it just me, or does it strike
you odd that Joanne Sullivan

happened to move into her sister's
hotel room without registering?

Perfectly normal, if you're
on the run from something.

No fixed address. Mystery
boyfriend. Vague job.

Here we go. "Warrant out for
the arrest of Joanne Dunbar,

"a.k.a. Joanne Sullivan." Hmm.

That would explain
her discretion.

"Contact New Jersey State
Police. Lieutenant Jeffrey London."

She's dead. But you gotta
look on the bright side.

I get to come over here,
courtesy of the state of New Jersey,

and tell you all about it.

You really ought to
try these potatoes.

Don't they have food in
New Jersey, Lieutenant?

Yeah. But in New
Jersey, I gotta pay for it.

Well, I hate to bother you,

but you have something for us?

Mmm-hmm.

Pictures. Casino surveillance.

That's her husband,
Billy Dunbar.

All-around con man and sometime
blackjack dealer in Atlantic City.

Who's the lady hiding behind
the scarf and the dark glasses?

The late lamented. That's
the best picture we have.

Dunbar's gonna have to train
somebody else to handmuck with,

which shouldn't be hard.

He runs through lots
of wives and girlfriends.

"Handmuck"?

Is that something you do
with girlfriends in New Jersey?

Yeah, if you cheat at blackjack.

Dunbar's wife sits
down at his table,

different nights,
different disguises.

She steals a card from
his deck with his help,

sticks it in her hand
when she needs it,

hides the other
card in her pants.

Nice way to lower the odds.

Oh, yeah. Casinos frown on it,

but the wise guys who run
some of the places Dunbar's pulled

this stunt really frown on it.

Here are the warrants.
Fraud, for your stiff and Dunbar,

in case he shows up.

You have any idea where he is?

Nope. But if he turns up
dead, give me a call, will you?

I really want to try
the soft-shell crab.

They want $800 to send her home.

But I don't know... We
don't have any relatives left.

The man said that I
should consider cremation.

I know this is
still a difficult time,

but we need you to
look at these pictures.

Did you find something?

Do you know who killed Joanne?

Go ahead and take
a look at these, okay?

Is that her? That's Joanne.

Do you know who this is?

Who, the dealer?

He was married to your sister.

No, she wasn't married.

Actually, she was.

Last year, in Atlantic City.

She was in trouble, wasn't she?

I knew something was wrong.

If only she'd told me.

Did you ever see him with her?

No. Do you think
that he killed her?

We don't know. He
was her husband.

That's Mr. Johnson.

You know him?

Yeah, sure. Except
his hair is different now.

It's a little bit more
George Clooney.

That's his office.

Well, is he in?

Well, I haven't seen
him around lately.

I mean, he owes
a month's rent, so...

What does he
use that office for?

Import-export.

I don't know import
what, export what.

It's locked. I'll call CSU.

Do you think he
killed her in there?

Hey, do me a favor.

Would you mind just
standing over there, please?

Hey, you know, he always
seemed perfectly nice.

Oh, yeah. And on his lease
he gave a home address

that put him in the
middle of the East River.

You didn't think
that was strange?

Well, I didn't go there.
Oh, wait a minute. Wait!

I got something. In the
vent. .25 caliber bullet.

Like it slipped through
somebody's fingers

while they were loading a gun.

Hey, I always get butterflies
just before I shoot somebody.

I just remembered something.

I took a message for him
the other day. Does that help?

"Please call Harry Shapiro.

"I'm interested in
your proposition."

I answered his ad in
the Wall Street Journal.

I did some research.
It looked to check out.

You're here to tell me
Johnson's a con man?

His real name is William Dunbar.

That's not a good sign, is it?

What was he selling?

Butter. To Saudi Arabia.

Hey, Shapiro!

What, from an office
building in Midtown?

Well, they have to
buy it from somewhere.

In all those pictures
of sand and oil wells,

you never saw any cows, did you?

His proposition had
nothing to do with gambling?

It was a sure thing.
Government money.

The Dairy Export
Incentive Program.

You buy butter at
three grand a ton,

sell it overseas for 2,500.

Uncle Sam pays you the
difference and then some.

Keeps the farmers happy.

Johnson, or whatever his
name is, had all the forms.

Do you know where
we can find him?

It just made me laugh, you know?

Me, Harry Shapiro,

buying butter from farmers
and selling it to Arabs.

Dr. Shapiro... Yeah.

He took me out to dinner
one night to tell me all about it.

Afterwards, I dropped
him off at his place.

Are you sure this is okay?

We knocked on the
door. Nobody answered.

Don't you need a search
warrant or something?

Or something.

Arrest warrant, issued by the
sovereign state of New Jersey.

New Jersey? When I
go to the Meadowlands,

I tear up their parking tickets.

Give me the key.

Clear.

Nobody here.

Surprise, surprise.

I told you, he hasn't been here.

Well, maybe he
was just being quiet.

I only seen him a
couple of times total.

He just moved in last month.

If he did leave town,
he's traveling light.

You ever see a Mrs.
Dunbar around here?

I only seen a woman once.

Couple of days ago, she came
walking out of here at 8 a.m.

Yeah? This her?

Yeah, something like that, only
her hair was darker and straighter.

You hear that, Rey?

Yeah. Look at this.

.25 caliber. And this.

That's her. And
that's him with her.

The grieving
sister, Lucy Sullivan.

You said you never
heard of William Dunbar.

You told us you didn't
know who that was.

You lied to us, Lucy.

Is that how people
behave in Terre Haute?

I don't know what's
going on here.

Here's what's going on.
You and William Dunbar.

You know what we think?

We think you knew your
sister's husband real well.

No. BRISCOE: You know what else?

We traced your
sister to your hotel

because she called that
building to ask for directions.

Now, why would
she need to call to ask

for directions to her
own husband's office?

I don't understand.

You know who might
need to call for directions?

You. If you were
going over there

to meet Dunbar for
a little fun and games.

But your sister,
she figured it out

and went over there, too, right?

So what happen? She walked
in on you with her husband?

No! Then how did
she end up dead?

Let me guess. Mom
always liked her best?

This is it. This is the
gun that killed your sister.

It's been tested. I don't
know anything about guns.

Why don't you show
us how you did it?

Maybe it was self-defense.

Maybe... Maybe she
was attacking you.

That's not what happened!

It didn't happen!

Miss Sullivan, you
might want to see this fax.

A fingerprint team
was in your hotel room,

and they found a very nice print

on the makeup mirror
that matches one in here.

A lot of people forget to
wipe down the magazine.

I want a lawyer.

Honey, you need one.

You're under arrest for the
murder of Joanne Sullivan.

You have the right
to remain silent.

Anything you say can and will

be used against
you in a court of law.

Sisters killing sisters. I haven't
seen that for a week or two.

Good. There'll be a place
for this one at Bedford Hills.

No witnesses, no statement...

We can show motive,
access to the murder weapon.

Her fingerprint is consistent
with a partial on the gun.

"Consistent."

Her lawyer's cranking
up his billable hours.

Motion to suppress the gun

and the photograph of her
with her sister's husband.

Meaning her motive,

access to the murder
weapon and fingerprint.

We have the facts.

I think we'll convince
Judge Marks...

Nathan Marks?

Luck of the draw.

Make sure your
airbags are working.

I don't care what some
A.D.A. agreed upon.

Next time you see me, look
at what's on my shoulders.

It's a head, not a handle.
I don't rubber stamp.

You're late. JACK: I'm sorry.

A 30-30 hearing was
delayed over in... Never mind.

Miss Ross,

I believe we last had the
pleasure when I was sentencing

some liar represented
by your ex-husband.

I've been meaning to thank you.

Lovely blouse. Rare to see
single-ply silk with that texture.

Must feel very
nice. Italian weave?

Chinese. Ah. They're improving.

Your Honor...

Yes, Mr. Gillum?

If you're ready to proceed?

Of course.

The police seized the
evidence in question

when they entered
William Dunbar's apartment

with an out-of-state
arrest warrant...

That had been properly
lodged with a clerk of this court.

At most, they had
the right to ascertain

whether or not William
Dunbar was present.

They had no right to
search beyond that.

One of the detectives opened
a closet door. He saw the gun.

On a shelf two
feet over his head.

The issue here is the plain
view exception? It is, Your Honor.

So we're going to
get a lot of diagrams

of room layouts and sight lines,

and what was where and who
was standing on top of what.

I can have them by tomorrow.

And he'll come with
different diagrams,

and we'll all sit around
with rulers, protractors.

I've got a better idea.
Let's go to the apartment.

All of us?

Yes. We'll have a picnic.

Mr. McCoy, bring your cops.

It was there.

Like that? Just dangling
on the edge like that?

Well, enough so I could
see it. Maybe... Maybe there.

Maybe?

Or maybe there, or maybe there.

Where were you,
Detective Briscoe?

Me? I was here.

Maybe here?

Definitely here.

Did you see the gun?

I wasn't looking at the closet.

I'll take that as a no.

Detective Curtis.
How tall are you?

6'2". Really?

Excuse me.

I don't see the gun.

He must have
seen it, Your Honor.

Why else did he reach for it?

And the photos?

When I reached for
the gun, I felt them.

Several courts have adopted
a plain touch exception

to the warrant requirement.

Nice try, Miss Ross. Not this
one. The search was illegal.

That only disallows use of the
evidence against Mr. Dunbar.

We can still use it
against Miss Sullivan.

She had no expectation
of privacy here.

But you're the one that alleges
my client was having an affair

with the occupant
of this apartment.

You're the one with
a witness who claims

she left here at 8:00
a.m. one morning.

Several days before the search.

She has no standing,
unless she spent the night

immediately before
the search here.

People v. Ortiz. How
about that, Mr. Gillum?

Client want to make
a naughty confession?

No, she won't incriminate
herself by strengthening

the alleged motive
for this crime. No.

You could argue common
sense and experience.

Miss Ross, when you leave

a man's apartment
at 8:00 in the morning,

did you just drop in for a
coffee and a sweet roll?

Am I a defense witness, Judge?

You're an officer of the court,

aiding in our
search for the truth.

You sample a man's
hospitality once,

are you likely to return
to sample it again soon?

Your Honor, this
is not appropriate.

If I left at 8:00 a.m., I
wasn't too impressed.

I don't think I'd
be rushing back.

Can't argue with that.

Defense motion is denied. Evidence
against Miss Sullivan is admitted.

I thought he was going to ask
your favorite sexual positions next.

I grew up with four brothers.
Marks is an amateur.

You don't mind
that kind of thing?

Would you rather
he ruled against us?

Guess I'll have to unlearn
some of my sensitivity training.

If we have another hearing,

you'll model silk for him again?

Trust me. He would have
been just as big a fan of rayon.

She's the one I saw leaving
Mr. Dunbar's apartment.

Did you see her
arriving, Mr. Wilkins?

No. And I got there before 7:00.

I wanted to fix the railing
before the kids left for school.

So either Miss Sullivan
arrived very early,

or else she spent the night?

Objection. Calls
for a conclusion.

Cut it out, Mr. McCoy.

Sustained.

I have no further questions.

Mr. Wilkins, your
identification of the defendant

wasn't based on
a lineup, was it?

No. The police just
showed you a photograph

of Miss Sullivan. That's right.

How long did you see her for?

I don't know. For a few seconds.

Just a few seconds?

Isn't it possible that
seeing that picture

helped you form a mental image?

Now who's calling for a
conclusion, Mr. Gillum?

Miss Sullivan, stand up.

Is this the woman
you saw, Mr. Wilkins?

Yeah. Yes, sir.

That hair?

Yes. That body type?

Yes. Really?

But you're sure it was
her? Not, say, Miss Ross?

Miss Ross, would
you stand up, please?

Similar body type,
wouldn't you say?

Yeah. But it was the other one.

Good. Mr. Gillum, he's your
witness. Any more questions?

The defendant told us she
didn't know William Dunbar.

Did there come a time
when you began to suspect

that she was not
telling the truth?

Yes. When we found the
picture in Mr. Dunbar's apartment.

She's... She's hugging him.

What was Mr. Dunbar's
relation to the defendant?

He was married to her
sister, the deceased.

What else, if anything,

did you find in
Mr. Dunbar's apartment?

A .25 caliber Ruger pistol.

This .25 caliber Ruger pistol?

What is that?

A court officer will fine and have
you removed from my courtroom.

I'm sorry, Your
Honor. It's my pager.

The People request
a recess, Your Honor.

Some kids found him.

His wallet was in
his back pocket.

I thought you'd want to know.

Driver's license.
William Dunbar.

You may not want
to get too close, Miss.

He's been in the river a while.

Your bad luck he
floated up this side.

Yeah. I'll have to buy my own
dinner, unless you're treating.

I assume the cause of
death was not drowning.

Back of his head is blown away.

And dumped into
the Hudson. Mob hit.

If I was still a defense
attorney, Jack...

You'd cream us with this. Yeah.

Joanne and I went shopping
at Saks Fifth Avenue.

Joanne bought me a scarf.

Then I went back to
the hotel to take a nap.

Joanne told me
that she was going

to go and see
somebody about a job.

I didn't know if
that was true or not.

She had been acting strange.

Strange? Did you know why?

No. Not then.

We've heard testimony from
a New Jersey police officer

that your sister and her
husband swindled gambling clubs.

You knew nothing about this?

Joanne told me
that she was in sales.

But when she
showed up at the hotel,

she told me not to tell
anybody that she was there.

She seemed afraid. Of you?

No. Isn't it obvious? She
was hiding from somebody.

They killed her husband.

They must have killed her, too.

Why did you tell the police

that you didn't know
William Dunbar?

That picture.

Joanne and I went for
a walk in Central Park.

He started talking to us. I thought
that he was trying to pick us up.

I didn't even know
that Joanne knew him.

They must have
arranged to meet that way.

Joanne took that picture.

And why were you seen leaving

William Dunbar's
apartment at 8 a.m.,

two days before your
sister was murdered?

I don't know. That wasn't me.

The building
superintendent says it was.

That must have been Joanne.

At 8:00 that morning
I was buying a ticket

for a Gray Line bus tour.

Do you recognize this?

Yes. That's the ticket
I bought. Mmm-hmm.

And is this the receipt for the traveler's
check you cashed to buy the ticket?

Marked 8:00 a.m., May 11th. Yes.

That's my signature
and that's the clerk's.

Your Honor, I offer these into
evidence as defense exhibits H and I.

I talked to the ticket clerk.
He doesn't remember her,

but he swears he wouldn't
have cashed the check

without looking at her credit
card and signature for ID.

Terrific.

It's not an alibi
for the murder.

No. It just blows apart
your theory of motive,

which she has neatly replaced

with an alternate
theory of the crime.

Dunbar's body,
fairly persuasive,

unless you're saying
that she killed him, too.

They're still working on
estimating the time of death.

She might have been
in jail when he was killed.

Oh.

She has a knack for
being in two places at once.

Dunbar's apartment
and the tour bus.

How do you think
she pulled that off?

Jamie, did the police ever
talk to anybody in Terre Haute?

Well?

If I could just have a few
more minutes, Your Honor.

You're here. I'm here.
Miss Sullivan is here.

Ah, Miss Ross. How
nice of you to join us.

I gather you stayed later
than 8:00 a.m. this morning.

Was the gentleman
more impressive today?

Your Honor, I've been very busy.

What I'm suggesting.

On a matter of
business for this court.

Oh, and I thought
our business was here.

Whatever kind of romp
you've been up to...

Is relevant to this case, if you'd
stop focusing on my sex life.

You're in contempt. I
want a check for $200.

If you try to fine
me... Not now.

Approach, Your Honor?

If she brings her checkbook.

Pretend he's your brother.

Miss Ross was on an errand

in connection with an
urgent motion by the People...

What motion? To
amend the indictment

and reopen the People's case.

We're supposed to hear closings.

The defense is ready.

Miss Ross has just driven in
from LaGuardia with a witness

who should be heard
in support of our motion.

What witness? The defense
had no notice, Your Honor.

Her name is LuAnne Walther.

She's a resident of
Terre Haute, Indiana,

and a former co-worker
of Lucy Sullivan.

She will testify that the defendant
on trial here is not Lucy Sullivan.

In my chambers.

You're telling me
I've been sitting

on the bench for the last month

judging the wrong person?

She fooled all of us.
She's Joanne Sullivan.

The victim?

She killed her sister
to assume her identity

and escape the people
who were pursuing her.

Except she happened to
be caught for the murder?

Her back luck.

I move for dismissal.

If the People don't even
know who killed whom,

I'd say reasonable
doubt is manifest.

On the contrary, the
evidence against the defendant

is even stronger now,

if you will allow us
to reopen the case.

It would be stronger. Is
that why you're trying to

turn my courtroom
into a hall of mirrors?

I want to put the
truth before the jury.

What you can have is a mistrial.

Fine. With leave to re-present.

Excuse me.
Jeopardy has attached.

A defendant can't be retried

unless there's manifest
necessity for a mistrial.

The only necessity here
is Mr. McCoy's ignorance

of the facts of his own case.

We were all
ignorant of the facts,

because the defendant
withheld them.

She's under no obligation
to incriminate herself.

By telling us her name?

Which would have
incriminated her.

You just said it does.

You and your
free-spirited associate

have not done your
homework, Mr. McCoy.

You've wasted all of our time.

Your Honor... MARKS:
Your motion is granted.

I'm declaring a mistrial.

Mr. Gillum's motion
is granted also.

The murder charge is dismissed.

It's outrageous.

Jamie won't play
footsie with him,

new facts disrupt
his perfect trial,

so he takes it out on us.

Right.

It had nothing to do with
the fact that all this time

you didn't know what
you were talking about.

Dismissal of the
charge was excessive.

Right. You know
who's who now? Yes.

This is Joanne Sullivan
you've got there in Rikers?

Who else could it be?

Please don't ask.

I'll re-indict.

Judge Marks'll throw it out.

So I'll appeal.

Get the names right this time.

The prohibition against
double jeopardy is not absolute.

Criminal defendants are
re-tried after mistrials all the time.

When the mistrials are a
matter of manifest necessity.

A hung jury, a
lawyer drops dead...

The trial judge thought a
mistrial was necessary here.

You wanted to amend
the indictment and proceed.

You didn't think a
mistrial was necessary.

No. But Mr. Gillum's
brief fails to mention

the second prong of the
standard from U.S. v. Perez.

"A retrial is permitted if
the ends of public justice

"would otherwise be defeated."

The public is certainly
entitled to retry a murderer

when a mistrial has resulted
through no fault of the People.

The People aren't at fault when
they proceed to trial misinformed?

Misinformed by a
professional confidence woman

who committed perjury
and a fraud upon the court.

It would be repugnant
to reward her. Thank you.

The public always wants to retry
people they think are murderers,

but they're not allowed to throw
out the Constitution to do so.

Is that what we're
being asked to do?

The prohibition against double
jeopardy is paramount and...

And takes up 15
pages in your brief.

What I don't see there

is what position you
took regarding the mistrial.

Did you oppose it?

I would have, if I'd foreseen that
the People would attempt to retry.

"Would have"? Interesting.

We've read your brief,
sir, and Mr. McCoy's,

and unless any of my
colleagues feels differently...

I don't think we've heard
anything new today.

We find the People's
argument persuasive.

Accordingly, we
remand this matter

to part 47 for a
new trial forthwith.

Given the circumstances
of the order to dismiss,

I respectfully suggest that this be
reassigned through the general pool.

Why reinvent the
wheel, Mr. McCoy?

The original trial judge is familiar
with the facts and issues here.

It might even speed things up.

Where were you standing in
relation to the door, Mr. Wilkins?

Move it along, Mr. McCoy.
You've made your point.

I'm not quite
finished, Your Honor.

He saw a woman
leave the apartment.

He saw this woman,
Joanne Sullivan.

Are you sure of
that, Mr. Wilkins?

Pretty sure.

But you only saw
her for a few seconds?

That's right. And you
never identified her

until the police
showed you her picture?

That's right. I see.

Anything else, Mr. McCoy?

Not anymore.

Mr. Gillum?

No questions, Your Honor.

We ascertained that the
New Jersey warrant was valid

and proceeded to the apartment

of the defendant's husband.

Was he there? No, he wasn't.

What did you do then?
Approach, Your Honor?

I assume that Mr. McCoy
is heading toward

the discovery of the
alleged murder weapon?

Yes. I want to object,

out of the hearing of the
jury, before he mentions it.

Object to what? Anything
obtained in that apartment

is the fruit of
an illegal search

and is inadmissible
in this trial.

Your Honor, we
dealt with that issue

at a hearing
before the first trial.

It was resolved.

Oh?

Let's talk about it.

This issue was decided!
It was your own ruling.

Yeah. He ruled the
search was illegal.

And that the evidence
was nevertheless

admissible against
Miss Sullivan.

Because she had no standing!

That was before we knew she
was married to William Dunbar.

A wife certainly has an expectation
of privacy in an apartment

she shares with her husband.

You had an opportunity

to bring that fact to the
Court's attention then.

Not without
incriminating my client,

which I certainly
am not obliged to do.

Anything else, Miss Ross?
Mr. McCoy? Fine. Objection is sustained.

There will be no mention of
anything found in that apartment.

By the way, Mr. McCoy, I never
had a chance to congratulate you

on your victory
in appellate court.

Detective, before our break,

you testified that Mr. Dunbar
was not in his apartment?

That's right.

How did you ascertain that?

We entered the apartment
and looked for him.

And in the course of such a
search, you would routinely look

anywhere a person
could be hiding?

That's right.

Did you open a closet door?

Your Honor...

Mr. McCoy...

If he can re-litigate
the standing issue,

I can re-litigate the
plain-sight issue.

Not if I say you can't.

Detective...

Did you know the nature
of the murder weapon?

Yes. It was a
.25 caliber pistol.

And before your visit to
Mr. Dunbar's apartment,

had you been looking for it?

We were keeping
our eyes open, yes.

How about afterwards? Objection!

Change the subject, Mr. McCoy.

The matter deserves
a hearing on the record.

Not another word.

With all due
respect, Your Honor,

when you change
the rules of the game

- in the middle of a trial...
- You're done, Mr. McCoy.

There ought to be at least
the appearance of impartiality.

Officer, place Mr. McCoy under
arrest for contempt of this court.

I move for an adjournment

so that the People may
appeal Your Honor's ruling.

Denied. Cuff him.

Your witness, Miss Ross.

I'm going to need a moment
to prepare, Your Honor.

Now, or I'll deem the People's
examination concluded.

Nice. JACK: Adam.

Mr. Barton, Mr. Jasperson,
Mr. Montoya... Mr. Schiff.

We're in a good mood, aren't we?

All except Mr. Jasperson. He
was just convicted of murder.

And it was bull. I'm gonna
be getting out of here soon.

Young man, sit down.

I understand you
were in contempt.

Just a little.

Are you going to
get the transcript

to the chief
administrative judge?

I'm going to see Judge
Marks first, about bail.

I'm okay. But if
you go, wear silk.

How long has it been, Adam?

I was a defense
attorney. So were you.

The Ice Age.

I'm letting your boy
cool his heels for a while.

It's for his own good.

Nathan, I read the transcript.

Then you know
he was in contempt.

I read the whole transcript.

What were you doing, may I ask?

Excuse me?

Those remarks about where Miss
Ross was spending her mornings...

Have you read the sexual
harassment guidelines?

I wrote them, remember?
I was kidding with her.

And your questions
to McCoy's witnesses?

A judge of the Supreme
Court of the state of New York

is entitled to
question witnesses.

He's not entitled to sound
like the defense attorney

or put words into
witnesses' mouths.

Anything else, Adam?

Yes. I'd like you to
step down from the trial.

This entire meeting is an
improper ex parte approach.

If you leave in the
next 10 seconds,

I won't find you in contempt.

The District Attorney brought this
matter to me with some reluctance.

Well-deserved.

I'm trying to run a trial.
I don't have time to...

Make some.

I'm taking this seriously.

Because a young
woman can't take a joke?

I'm not pressing any charge.

She could.

You should thank her.

Fine. Thanks. Goodbye.

I'm more concerned about
the general tenor of this trial.

You know how I
run a trial, George.

Yes. Expeditiously.
And, usually, fairly.

Always fairly.

You've been
hostile to the People,

demeaning to their
representatives,

interfering with
their witnesses...

You expect me to
sit there like a lump

while he springs
surprise witnesses,

half-baked appeals,
revised indictments

to turn my courtroom inside out

to win a case he should
have lost the first time?

Nathan, you're not supposed
to care who wins, remember?

Your Honor, I'd
like to request...

No need.

Nathan, you just caught
a bad case of the flu

and are unable to continue
presiding over this trial.

I'm assigning Judge Bryant.

George...

Would you rather be sick, or be facing
the Commission on Judicial Conduct?

Your Honor, it would be highly
disruptive to introduce a new judge

at this stage of
the proceedings.

It's your choice, Mr. Gillum.

Judge Bryant, or we start all
over again with trial number three.

From his sickbed, Judge
Marks sends regrets

and his thanks for your
excellent service thus far.

Now, I am going to impose on
you a little. For reasons of law,

with which you need
not concern yourselves,

you will be hearing again from
some prosecution witnesses

who have already testified,

and hearing about
some new evidence,

which has not been
presented to you.

Man one, Jack.

Sure.

If you can give me a good
reason why I should accept a plea.

Please try to
understand. I was terrified.

So you shot your
sister in the head?

People were looking for us.

Billy was trying to
make enough money

so that we could get away.

He went out one night.
He didn't come back.

I knew they'd killed him.

I loved him so much.

I couldn't go to the police.

They were still looking
for me. I didn't want to die.

So you took your sister's
life instead. No deal, Stan.

My sister's life, Mr. McCoy?

My sister lived in
Terre Haute, Indiana.

She stapled papers
in an insurance office.

My sister didn't have a life.

Jury was back in 20
minutes. Guilty, Adam.

She's going away,
despite Judge Marks.

That's good.

What's the matter?
Your leg acting up?

When Nathan Marks
became a judge,

most of his colleagues
cared only about

getting re-elected
and getting Fridays off.

Marks made himself a royal pain.

He cared mostly about justice.

It went to his head, Adam.

He brought himself down.

Yeah. Pardon me
if I don't celebrate.