Law & Order (1990–2010): Season 16, Episode 20 - Kingmaker - full transcript
When an undercover cop is found dead, there's a lot concern that her cover may have been blown. When the one who killed her is caught and when they ask him if he knew she was cop and how, he tells them because there was an article about her in the newspaper. When asked the reporter refuses to say who gave her the story. Her father suspects that this all part of a retaliation against him for writing a book that reveals the shady practices of a congressman. He tells the police that they should focus their attention on the man chief of staff. When they get some circumstantial evidence against the man, they give it to McCoy who wants more solid evidence first. But when the man sees him and tells not to pursue it he has him arrested.
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.
27 Adam,
respond to a 10-52 domestic
at 344 West 53rd Street,
Apartment Z-Baker.
Unidentified male caller
reporting dispute.
27 Adam, responding.
Look, all I'm saying is,
my cousin in the Reserves was
set to come home last year,
and they just re-upped him
till June.
Stop-loss, my ass.
Bring 'em home now, we'll be back there
in five years fighting the same damn war.
Or worse, we'll be downtown,
cleaning up another mess.
And you call yourself
an American.
Yes, I do.
27 Adam, we're 84
at the location.
Oh!
Say again, 27 Adam. Come in.
McDOW: What the hell...
27 Adam, we need a bus.
Female off the roof onto an RMP.
Nayada Kraya, 28 years old.
You guys see anyone
run out of the building?
Not a soul.
Any of these people know her?
None of'em. Or the
tenants and the super.
What about the domestic disturbance
call you were responding to?
Couldn't find it.
And the apartment Central gave
us has been vacant six months.
Did Central tell you
where the call originated?
From a cell. They're
checking subscriber info now.
Well, she didn't jump.
Rigor and core temp put the time
of death around 1:00 or 2:00.
Four hours before the jump?
Gunshots. One in the head,
two in the chest.
Close range, I think.
Exit wounds?
Only in the headshot.
If the slugs on the others are
intact, you'll be the first to know.
We've got a blood trail
up the stairwell,
and a busted lock on the roof.
Thanks.
Somebody shoots her, drags
her all the way up there,
just to throw her back down?
Yeah, and the bull's-eye's
a squad car.
That domestic disturbance
call was bogus.
I'd like to know
who she pissed off.
Fontana, Green.
Lieutenant Sullivan.
He heard the DOA's name
go out on the radio.
Oh, God.
How do you know her?
Her real name is Dana Baker.
She was on the job.
One of my undercovers.
She spent the last year
infiltrating an Albanian drug ring
who use heroin money to fund
paramilitary groups in Kosovo.
She got over as an Albanian?
Well, she spent some years
in Kosovo as a teen.
Her father had an embassyjob
with the State Department.
We should talk to him.
He's on a flight from London.
I'm going to meet his
plane at the airport.
- All right.
- Hey.
The cell that made the 911
domestic disturbance call
was a disposable.
So, it's probably dumped.
Did she ever suggest that the
Albanians were onto her?
Oh, no, no, no.
I'd have pulled her out.
Well, that phony call and
her hitting the patrol car
was not a coincidence.
Her cover was blown.
Then she wasn't aware of it.
Dana was no cowboy.
She knew the guys in this
organization were animals.
You got names?
Your best bet for info
is her main contact,
Kreshnik Pernaska.
He's a major player in Eastern
European organized crime.
Here. Here's his file.
But do me a favor.
When you find him,
ring his bell.
All right! Everybody!
Hands on the table!
Let's go! Put that down!
You, too! Hands on the table!
Come on!
Kreshnik Pernaska? What is this?
Come here.
You recognize this girl?
Nayada Kraya?
Or maybe you know her
by her real name.
Detective Dana Baker?
Hey! Pay attention!
How did you find out
she was undercover?
I had no idea
this girl was a cop.
Is that why you dropped
her on a police car?
She's dead?
You think that's funny?
Hey, hey-
She's dead because she knew the
ins and outs of your business.
The smack.
The Afghan connections.
The payoffs at
the Baltimore docks.
I import antiques.
Where were you
last night at 2:00 a.m.?
Home. With who?
My wife. My daughters.
Ask. They tell you.
Okay.
I hope you, your wife,
your daughters,
everybody in here
has green cards,
because I'm calling Immigration.
Okay. Okay.
It was not one of mine.
Yesterday, she tells me she is
meeting new business contact.
His name?
She didn't give it.
Only who was introducing her.
Street trash punk. Jason Higgs.
Police! Freeze!
Hey, hey. Hey!
Get your ass down here!
What'd I do? What'd I do?
Where you going, Jason?
Bag's packed. Taking a
little trip, are you?
No, that's my laundry. Laundry?
Laundry with blood on it.
You know you got the whole New
York City Police Department
looking for you?
40,000 cops ready
to whup your ass.
I had nothing to do
with her death.
Who pulled the trigger?
A guy...
A guy I hooked up with who was
looking to move three kilos.
His name was Ratko Petrovich.
Did Petrovich know
she was a cop? Huh?
He said it right before
he blew her away, okay?
That's an awful thing
to see, all right?
You mean, he just
walks in the room,
says, "She's a policeman,"
starts blasting,
and he'd never met her before?
I don't know. They'd talked on the
phone once. That's it, all right?
Where'd all this happen?
Burned out warehouse
in Brooklyn.
Is that where we're going
to find Petrovich?
I don't know where he's staying.
All I've got is
a cell, all right?
Anything at the warehouse?
Pool of blood
and a trail to the street
that ended near
some tire skid marks.
Crime Scene Unit
is working on it.
What about the canvass?
It was wack. That warehouse
was in the middle of nowhere.
Ratko Petrovich.
There's a warrant on him
for a homicide in Chicago.
Big-time smack dealer got shot in the
head and his stash went missing.
I'm going to bet
three kilos' worth.
Exactly. And Ballistics said
the slugs in Dana Baker match a gun
that traces to that same dealer.
Is there anything
in Dana's case file?
The notes indicate
that this Petrovich
came to New York
about two weeks ago,
got to talking to local
peddlers, and set up this deal.
Now, this guy's been
in the city two weeks.
Two weeks. Fontana.
How the hell does he make an undercover
who's been under for a year?
Thank you.
None of the airlines report a
Ratko Petrovich as a passenger.
Well, we've got teams at the
airports and bus stations.
If he's going,
it's by car or foot.
Found something
in the case file.
A note here says,
"R.P. 814 Risman."
Hey, Dana had talked
to Petrovich on the phone.
Maybe this is an address
he gave her.
No. Risman's in Queens.
There's a vacant office
building at that location.
Take ESU.
Delta Team! Clear!
We're all clear!
Officer down! Officer down!
Is it bad? Ls there blood?
No, I don't think
it went through, man.
L think you're
gonna be all right.
That's gonna be
one hell of a bruise.
Get him out of here.
My aim must be off.
He's still alive.
You don't look like the type of
guy who can think for himself,
so we know that you were tipped off
to Dana Baker being an undercover.
You're gonna tell us
who gave her up.
We know you can speak
English, you bastard.
You called 911
to draw our police cruiser.
We got your voice on tape.
You killed a police officer.
And you're gonna tell us how you
found out she was on this job,
or you're not gonna
leave this room alive.
Maybe we should
pull his morphine.
Where is the secret?
What?
It's no secret she was a cop.
She was an undercover
police officer.
She was in a newspaper.
It's no secret.
Lou, you ain't
gonna believe this.
Her picture's in the damn paper.
It's a column about her
father, Tom Baker.
He wrote a book, and it
says that she's NYPD.
Why didn't anyone catch this
and pull her off detail?
It may have been
too late anyway.
It appeared on page 30
of the late edition.
So Ratko pulled the trigger, but
this is what got Dana killed.
It's the same as if someone pushed
her in front of a damn bus.
And it was written
by Veronica Drake.
Now, what do you think she got for
outing an undercover officer?
I'm gonna find out.
I had no idea Dana Baker
was undercover.
I would never purposefully
put someone in danger.
Convince me.
Her father's book labels Congressmen
Prescott, Monroe, and Tucker pro-criminal
because they voted to cut federal
funding for police overtime.
Dana Baker being on the job
reveals Tom Baker's bias.
So, it's just a coincidence that your
article got a police officer killed,
ruined a sting operation, and
gave aid to the Albanian mob?
My article had nothing
to do with the Albanian mob.
So, why out an undercover cop?
All I learned was that Dana
Baker was a cop, on a desk,
making a lot of overtime.
Learned from who?
A source.
I can't tell you anymore.
And did you verify what this source
told you with One Police Plaza?
Payroll Department
didn't return my calls.
Deputy Commissioner of Public
Information had no comment.
It suggested
she was being protected.
So, you went with
uncorroborated information
and never thought that this
source might have an agenda?
Telling the truth about Tom Baker
does not constitute an agenda.
You know something?
A detective was
shot three times.
She was thrown off a building.
That should tell you
otherwise, Ms. Drake.
Now, who contacted you?
I'm not revealing my source.
I'm protected by New York Civil
Rights law and the First Amendment.
I have nothing else to say without talking
to my lawyer and in-house counsel.
I don't think this has anything
to do with an Albanian mob.
Somebody sold my daughter
out over a book.
Who do you think would do that, Mr.
Baker?
I've been condemned by
every liberal commentator.
I get crazy phone calls,
e-mails.
I get about 50 of these a day.
"Stop lying to America."
You can print them
from a website.
Some liberal 527 group.
Funded by supporters of
Congressman John Prescott.
Veronica Drake's article makes him out
to be a serious adversary of yours.
I think he's a criminal.
He sells out good law
enforcement programs for pork.
And I haven't kept it a secret.
So, you think the Congressman's
cutthroat enough
to make the call to Drake?
He's not smart enough to
compose a rational thought.
But his Chief of Staff,
a pit bull, Eric Lund.
L wouldn't put
anything past him.
Did Lund ever threaten you?
Said he would put me
out of work.
Close me off from my publishers.
And that was at the end of
a scathing 14-page e-mail
denouncing every well-researched
and corroborated fact
in my book.
Just another minute,
Congressman.
Thank you.
With all due respect
for his loss,
Tom Baker is nothing
but a right-wing fanatic
who's had it in for me
since I took office.
Makes it only natural that
you'd want to strike back.
Oh, I will.
With legislation
denouncing his causes.
But please, planting a story
about the man's daughter?
That's far below
the dignity of my position.
Well, how about the dignity of
your Chief of Staff, Eric Lund?
We hear that's the
type of guy he is.
Eric and I have worked
side by side for five years.
He's a good man
and a good friend.
Wow. That was good, Congressman.
You didn't really
answer the question.
Congressman.
They're ready for you
on the set.
Thank you.
Eric is at our district
office in the city.
He'll be glad
to tell you the same.
A woman's right to choose
and universal health care
are the concerns of
Congressman Prescott's office.
Not Tom Baker or his daughter.
Rest in peace.
You didn't write a 14-page
e-mail about his book?
A critique.
You promised to bury him.
So, it's a harsh critique.
And a little hotheaded,
admittedly.
But have you read his book?
It's slander.
What about these?
Well... Perfectly legal
social commentary.
Comes off as a vendetta.
I call it freedom of speech.
To me, that's evidence
of a healthy democracy.
How well do you know
Veronica Drake?
Only through her work.
When was the last time
you spoke with her?
I've haven't spoken to her outside of
a hello one time at the Press Club.
You haven't called her
or e-mailed her?
I have no reason to call her
and I don't have
her e-mail address.
Hey.
We're trying to
talk to you, here.
Gentlemen, what have I done to
earn this kind of hardball?
We think that a political dirty
trick got Dana Baker murdered.
For which
you have my condolences,
but I'm not the one responsible.
I haven't spoken
to Veronica Drake.
And your phone records
will support that?
Yes. You get a subpoena,
and I'll prove it.
Now, apologies.
But Senator Kennedy
promised to show some of us
galleys of a children's book
he's publishing.
Don't want to be late.
Did he offer up
the notion of a subpoena
because there's nothing
on his phone records,
or do you think he was bluffing?
If I was some punk-ass
political consultant
who wanted to bury somebody,
I wouldn't do it from my office
and I wouldn't call
just one reporter.
It's not like Veronica Drake
is the first name in news.
Well, I say we get that subpoena
and a list of the top 10
political reporters in town.
I've been covering
the Baker affair.
I wouldn't do that if I
was personally involved.
Well, your assistant's
call log says otherwise.
Two days before the story
came out exposing Dana Baker,
you got a call from Eric Lund.
And then the same day, you got
10 calls from Veronica Drake.
What did you and Lund discuss?
My sources are just as
protected as Veronica's.
Look, Mr. Grayson, we're gonna
find out what was said.
The question is whether
you're gonna tell us now,
or you're gonna wait until
enough bad press comes out
to put somebody younger
in your anchor seat.
Look, if I talk to you, these
people, Lund's people,
and there are a lot of them,
will cut me off.
I will not have access.
As a reporter, I'll be useless.
And if you keep the truth
about a police murder a secret,
you already are, pal.
Lund tried to plant the
same story with me.
That Tom Baker's daughter
was a cop.
I wouldn't run with it,
but Veronica wanted to.
That's why she called.
Did Lund say that Dana Baker
was an undercover policeman?
Made it sound like she had some
sort of cushy clerical job.
Why didn't you report it?
Basic human decency.
You don't go after a man's
family without solid proof.
But Lund wanted you
to run with it, right?
He told me that
Dana Baker is fair game.
Look, all we can prove is that
Lund passed on information
that Baker was a cop on a desk.
That's not enough.
But, Lou, he had to know he was
outing an undercover officer.
Why else plant the story?
Well, he can say he was just trying
to discredit her father's book.
Well, if he's so damn innocent,
why can't he admit
to calling Veronica Drake?
Let's get over to Payroll.
IAB says that two weeks ago,
someone called asking about
Dana Baker's pay grade.
The man said
his name was Nathan Dean
and was from the Department
of Homeland Security.
Why did he say he wanted
information on Dana Baker?
He said he was doing
a background check
on her father
for a consulting position.
Did you think to verify
who you were talking to?
I checked the name with Homeland Security.
It's legit.
Yeah, but how do you know it was
actually Nathan Dean on the phone?
What did you tell this guy?
That Dana Baker's
payroll code indicated
that she was a second-grade detective
with Manhattan North Narcotics.
Aren't we supposed to be sharing
with Homeland Security?
And that's all you told him,
that she was
a second-grade detective?
And that he should be
careful with the information
because a lot of detectives
in Narcotics work undercover.
Do you have the number
that he called from?
Did I screw up?
I mean, I know
this cop got killed.
Just get the number. Please.
The call to Payroll
came from Lund's office.
We have more than enough
to arrest.
I want to wait until we
have enough to indict.
We still have to prove that Eric
Lund was Veronica Drake's source.
If he wasn't the one
who told her,
it doesn't matter what he knew.
This man is responsible for the
death of a police officer.
Which is why we have
to get this right.
Meanwhile, he could be
shredding evidence
and intimidating witnesses.
Find proof of that, and
we'll put the cuffs on him.
It may be too late by then.
Without a Grand Jury indictment,
he'll paint this
as a witch hunt.
Who cares about politics?
Jurors.
We can't pretend we'll be trying
this case in a political vacuum.
No arrest till I give the word.
Jack McCoy. Eric Lund.
How can I help you?
Well, it's the other way
around, actually.
Word is you've taken
an interest in me.
I was in the neighborhood,
thought I'd drop in for a chat.
About what, Mr. Lund?
Your dogs are barking
up the wrong tree.
Is that right?
And I think you should know that I don't
tolerate attacks on my reputation.
Which precedes you.
You have a long history
of ruthless tactics.
Well, regardless, I don't think
anyone on Earth would say
that I'd set up
a police officer's murder.
Would anyone say it was
the unfortunate by-product
of an attempt
to rattle Tom Baker?
If you're trying to coax
a confession out of me,
you're wasting your breath.
I just want the truth,
which could save you and your
congressman a lot of embarrassment.
Obviously, you've gotten
some bad information.
America's going to see this for
what it is, a political assault.
That's your arena, Mr. Lund.
My politics wear a blindfold.
Not according
to your witness list.
Tom Baker's a partisan hack.
Ron Grayson's bias
shows on every broadcast.
And your man in Payroll makes regular
contributions to the Republican party.
It seems you've been working
this case as fast as we have.
I believe in being pro-active.
Just steer clear
of obstruction, Mr. Lund.
If you come after me
based on rumors and lies,
I'll do everything necessary
to defend myself.
I think it would be better
for you and your office
if this little misunderstanding
didn't turn into a fight.
Excuse us. Excuse me, ma'am.
Excuse us.
Eric Lund. Do you remember us?
Detectives Green and Fontana?
NYPD, sir. Eric?
It's all right, John.
Gentlemen, how can I help you?
By turning around and put
your hands behind your back.
What on Earth are you
charging me with?
The murder of Dana Baker.
You have the right
to remain silent.
Anything you say can be used
against you in a court of law.
So, you were the type of kid
to throw rocks at a beehive.
Eric Lund's arrest
was completely justified.
It was completely premature,
and didn't need to take
place at a black-tie gala.
We did him a favor.
Saved him from
another rubber chicken dinner.
So, you think Lund's
to be taken lightly?
He contributed to the death
of a police officer, Arthur.
I never take that lightly.
Then why arrest him now, and
not wait for an indictment?
He's the kind to shred evidence.
Or did he poke you with a stick so
hard that it sent you off half-cocked?
Now, I know
he was here yesterday.
And you should know that
it was probably a tactic.
We had enough to arrest.
We'll have enough to prosecute.
Shoot, Jack. You better hope so.
"Docket number 31146."
"People v. Eric Lund, on the charge
of Manslaughter, Second Degree."
How does your
client plead, Mr. Rems?
Not guilty, Your Honor.
The charges against him
are baseless
and motivated solely
by partisan politics.
Save it for your opening,
Counselor.
People on bail?
Half a million should do it.
That's ridiculous, Your Honor.
My client is
a government employee.
Who has a total income
of over $200,000 a year
and access to a private jet.
A high-dollar amount
is necessary to ensure
that he has incentive to appear.
Clearing his good name is
incentive enough, Your Honor.
I tend to agree.
Bail is set at $10,000.
This is a trumped-up attack
by a conservative D.A.
hell-bent on silencing the powerful
progressive voice of John Prescott.
Your client should
be discussing a plea.
We have solid evidence that he
knew Dana Baker was undercover,
and he disclosed her identity
to the media anyway.
Evidence we can easily refute.
A courtesy phone at
the Hotel Dupont in Boston
shows calls to Ron Grayson
and Veronica Drake
two days before the story ran.
Both Grayson and his assistant
confirm speaking
to your client that day,
and the hotel has Mr. Lund
registered as a guest.
Along with 400
other Washington insiders.
It was a DNC retreat.
Even if you had proof that my
client spoke with Ms. Drake,
that doesn't mean
he was the leak.
And how does putting Dana Baker in
danger help me or Congressman Prescott?
It doesn't even make sense.
Political payback makes
pretty good sense to me.
Tom Baker went after
your candidate,
so you went after his daughter.
I found out about Dana Baker
the same day you did,
when Drake's column
ran in the newspaper.
Actually, I found out when her
corpse landed on a police car.
We'll accept man two,
five years.
No deals.
Then we'll see you in court.
I'm going to say this again.
Lam not involved in this leak.
No one in my office
or on my staff
had anything to do with exposing
the identity of Detective Baker.
And for the Manhattan District
Attorney to even suggest
that! Would jeopardize a heroic
American police officer is...
It's ludicrous.
Prescott's already
starting the spin.
You mean Lund's already started.
Is this their response
to your subpoenas?
Prescott's office surrendered
all this voluntarily
to show full cooperation.
Every letter, fax, and e-mail
they could throw our way.
We'll have to bring in more
TPA's to plow through it all.
Makes Lund look
like an open book
and drowns us in paperwork
all at the same time.
We've got five witnesses
on this phone call to Drake.
Payroll server logs corroborate the
computer search for Dana Baker's info.
Ron Grayson will take the
stand, and we have his records.
And Ratko Petrovich
has agreed to testify
for a sentencing recommendation.
Good.
If we're not rock solid on this,
we're gonna be in real
trouble with this guy.
Fourscore and seven years ago,
our fathers brought forth upon
this, uh, continent a new nation,
conceived in liberty and
dedicated to the proposition
that all men are created equal.
People's Six.
A voice exemplar obtained
from the defendant.
Was that the voice you heard
on the phone, Mr. Mills?
Yes, sir.
He said he was
with Homeland Security.
I thought I was
doing the right thing.
Did you get the caller's
phone number?
From the call ID.
Our phone system's
a little hinky,
so I always write down the number
in case I get disconnected.
Is this the number
that you wrote down?
Yes, sir.
Did you ever find out
whose phone number this is?
That's the defendant's
office line.
Eric Lund.
Nothing further, Your Honor.
Have you ever met
my client, Mr. Mills?
No, sir.
Prior to this alleged phone call,
had you ever heard his voice?
No, sir.
Did this person who called
give you their name?
He told me his name
was Nathan Dean.
I found out later
that's not who called.
You deal with
a lot of numbers in Payroll.
You ever write down
the wrong number by mistake?
It's happened.
So, you can't be sure
about the caller's name,
you can't be sure you wrote
down the right number.
How can you be sure
you spoke with my client?
He tricked me into betraying
an undercover officer.
I have nightmares about
what happened to that woman,
what I helped do.
If you think I will ever
forget the sound of his voice,
you're out of your mind.
Do you recognize this,
Mr. Petrovich?
I remind you that
you've agreed to testify
truthfully and taken
an oath to that effect.
Please tell the court, have
you ever seen this before?
Yes. I saw it the day
Detective Baker was killed.
That's how I know she was a cop.
People's Exhibit Ten,
Your Honor.
It shall be so marked.
Before you saw this,
did you have any idea that
she was a police officer?
No. I thought she was
a heroin dealer.
When you found out
the truth, what did you do?
I shot her.
In the head, and then
twice in the chest.
Sidebar, Your Honor?
Approach.
What's the problem, Counselor?
Your Honor,
something very disturbing
has just been
brought to my attention.
The D.A.'s office has been
withholding evidence
that exonerates my client.
This is an e-mail sent from
Veronica Drake to Ron Grayson.
"Friend of Tom Baker
says his daughter"
"works for NYPD.
Can you corroborate?"
Note the date, Your Honor.
This was sent one day
before my client
allegedly spoke
to either reporter.
Veronica Drake knew
Dana Baker was a cop
before my client contacted her.
Which means Eric Lund couldn't
have been their source.
It's exculpatory Brady material
that should have been
surrendered to the defense.
Mr. McCoy?
We can re-check our files.
I suppose it's possible
something was overlooked.
Or intentionally withheld.
That's absurd. I've never
seen this document before.
It was on a hard drive
delivered to the D.A.
A signed courier's slip
confirms they received it.
But this e-mail was never
turned over to the defense.
Do you also have proof
that it's authentic?
This all seems
incredibly convenient.
Well, there's a simple way to be sure
about that, isn't there, Mr. McCoy?
We're in recess for 24 hours
while you search your office.
Ms. Borgia, I don't
recall seeing this,
but I get a hundred
e-mails a day.
How many of them connect
to the murder of a cop?
Uh-huh. Few, admittedly,
but I still could have received
it and don't remember.
Mr. Grayson,
lam sure that you recognize
Eric Lund with his claws out.
Well, I can't be sure of that.
If you testify that
you never saw this e-mail,
you'll wipe out its credibility.
Lund will go to jail,
where he can't come after
you for a reprisal.
I can't testify about something
that may not be true.
Look.
I know that you lost some press
privileges since talking to the cops.
That was on account
of Lund, wasn't it?
Eric Lund is
a vile little snake.
He's ruined good men for the
smallest perceived insult.
So maybe I got off easy.
But no member of the House or
Senate will speak to me any longer,
some of whom
I've known 30 years.
And without information,
I'm not a journalist.
I'm a newsreader.
What did Ron Grayson
have to say?
That he has no idea
what they're talking about.
Of course, he also said that he
gets over a hundred e-mails a day.
And Veronica Drake?
We have no way to be certain that
this e-mail was actually from her.
Ms. Borgia.
Where was this?
Box 24. Print-outs from
Ron Grayson's hard drive.
What the hell happened?
You were supposed to have
this thing ironclad.
Now, the whole thing's about to come
apart because of a careless mistake?
I'm not convinced
there was a mistake.
Lund fabricated evidence
and planted it here?
If someone accuses you, find
a way to put them on trial.
It's a strategy he's used in
every campaign that he's run.
With one document,
he exonerates himself,
clears Drake, impeaches Grayson,
attacks me, and blames the
whole thing on Tom Baker.
It's a magic bullet.
If this is a magic bullet,
find me a smoking gun.
And prepare for the storm that's
gonna come from Lund's side.
The file is on the hard
drive, Your Honor.
It's the prosecution's word
against solid evidence.
They have no case.
The People can still meet
the burden of proof.
At worst, this was
an honest mistake.
There was nothing
honest about it.
They entered
four other documents
from that hard drive
into evidence.
Yet they somehow managed to
overlook the one document
that clears my client.
I have sworn affidavits
confirming that
no one in my office
saw this e-mail before the
defense brought it into court.
This is all academic,
Your Honor.
No harm has been done
to the defense's case.
What about the harm to
my client's reputation?
This whole thing
has been a witch hunt.
Mr. Lund's action got a
decorated officer killed.
Politics has nothing
to do with it.
Given the clear evidence
of intentional malfeasance,
we respectfully
request a continuance
for a full hearing on
prosecutorial misconduct.
There's no evidence to
warrant this, Your Honor.
It doesn't have to
just be fair, Mr. McCoy.
It has to look fair, too.
I'll release the jury
for the day.
We'll do the hearing
9:00 a.m. tomorrow.
Thank you, Your Honor.
In the interest
of full disclosure,
you might want to check
in with Tom Baker.
It was the day my book launched.
A month before Dana died.
After the press event, I asked a couple
of friends to come over for drinks.
Dana said she would try to
make it, but she didn't come.
I had a few...
What did you say, Mr. Baker?
That I loved her
and that she was the
best cop in Manhattan.
Who are these friends?
My agent and publisher.
Have you spoken to them?
Both of them swear that
they didn't tell a soul.
You believe them?
I don't know.
I didn't say that
she was undercover...
So, this e-mail
could be legitimate.
I don't know about you,
but even with this,
I don't buy it.
Tell Computer Investigation we need
their analysis. We're out of time.
Everything on the drive looked normal
at first, but now I'm not sure.
I mean, the hash system
doesn't invalidate the image.
The SMTP timestamp
on the e-mail jives.
Beck...
Oh. Sorry. Uh...
The big stuff checks out.
But there's this one anomaly
on the driver files
that suggests that this thing
was powered on five days ago.
Well, no one should have touched it since
we took it into evidence last month.
Yeah, exactly.
How hard would it be
to fake that?
Well, if this drive
was modified,
it was by somebody who really
knew what they were doing.
The e-mail appears genuine,
but there's a timestamp on another part
of the disk that's dated for last week.
So, either the hard drive
was modified,
or else Grayson had his
clock set wrong one day.
Who had access?
Twelve TPAs.
I was there while Fontana
and Green questioned them.
They're all law students. No criminal
records. No connections to Lund.
And none of them has the
necessary computer expertise.
Someone planted the e-mail.
I have these theories.
This hearing is gonna be a boxing match
with my hands tied behind my back.
I'll keep working.
Your Honor, the District
Attorney's office
deliberately targeted my client
for malicious prosecution.
They chose to arrest him
before getting an indictment.
And today, you've seen proof
that they withheld key evidence
that exonerates Eric Lund.
Given all the evidence, given the
current state of American politics,
which is more likely?
That Eric Lund is a part of some
vast conspiracy
to get a good cop killed?
Or that he's just another target
of opportunity for the right?
We're here today because
Detective Dana Baker is dead.
Because everything we uncovered
pointed to one person
who revealed her identity, who
is responsible for her death.
Eric Lund.
Persuasion,
by any means necessary.
Spinning the truth until no one can
tell fact from fiction anymore.
That's what Eric Lund
does for a living.
That's what
he's doing right now.
That e-mail was never
surrendered to my office.
You've seen my evidence.
My record speaks for itself.
L think the defendant's
record speaks for him.
It's up to you to see the truth.
We're in recess until
8:00 a.m. tomorrow,
when I'll render my decision.
I don't like your odds here.
I floated the idea of a plea.
Rems won't even discuss it.
The People of New York
get no benefit
from a misconduct finding
against their lead prosecutor.
What are you suggesting?
It's not about Lund.
It's about you.
If your credibility
is undermined,
it's gonna be defense fodder
for every case you try
from here on out.
It'll compromise your
ability to get convictions.
Look, Jack. You got
hammered in the hearing,
that damn e-mail indicates
that the guy is innocent,
and Dana Baker's father admitted
that he compromised her cover.
If you win the battle, you're
still gonna lose the war.
We can still win this.
And it's my reputation.
Jack, it's our reputation.
Drop the charges?
Well, it's your call.
But I'd say consider it.
Seriously.
I'm impressed, McCoy.
I didn't think you'd have the spine
to take this all the way to a ruling.
I still plan to take
this to a verdict.
It's your career. Jack.
Fontana and Green. They've got
something on one of the TPAs.
I can buy us an hour.
I don't know Eric Lund. I
already told you, the police...
We know what you
told them, Ms. Lesko.
But when they ran your address,
the name Peter Gordon came up.
My boyfriend?
We're both on the lease.
Did you know that your boyfriend
worked on a political
campaign in 2004?
Eric Lund was his boss?
That doesn't mean I know him.
This is guilt by association.
We pulled your phone records.
Ten calls between Lund's office
and Peter's cell
over the last three weeks.
This is crazy. I don't know
what you're talking about.
Our technicians have proof that
hard drive was tampered with.
Only 12 other people had access,
and Lund wasn't calling
their boyfriends.
Peter had me meet with this guy.
An expert. He told me what
to do with the computer.
I didn't want to, okay?
But you don't understand. When
Lund called, Peter was terrified.
Lund made threats?
He didn't have to.
Peter told me things
he did on that campaign.
Families he ruined,
lives he destroyed.
If you don't do what Eric
Lund tells you to do,
he will wreck your whole world.
Ms. Lesko, so will we.
We've forwarded copies
to Judge Bright.
He's reviewing them right now.
As soon as we're done trying Mr.
Lund for manslaughter,
we'll be charging him with
multiple counts of per jury,
conspiracy, and
obstruction of justice.
The word of
two cash-strapped kids.
It's hardly DNA, is it?
Politics is a manipulative
business, Mr. McCoy.
People lie all the time.
Not to me.
All the charges add up
to a minimum of 20 years.
Make us an offer.
If you plead guilty
on all counts,
we're willing to give a recommendation
on where you serve your sentence.
That's an insult.
That's the best offer
you're going to get.
Unless you have any
information on illegal acts
committed by
Congressman Prescott.
Such as?
Did he instruct you
to expose Dana Baker?
Is this your attempt
at a political move?
To put my back to the wall?
I'm offering you a way to
atone for your mistakes.
John Prescott is a great leader.
A strong, progressive voice that
this country desperately needs.
He can be president someday.
He will be president someday.
Maybe when you're out of jail.
Just file your charges, McCoy.
I don't trust Lund's confidence.
Like he's got something
else up his sleeve.
Away to discredit Janine Lesko.
Or away to manufacture
something to discredit her.
He will tear that girl to shreds
before he lets her send him to jail.
We need to talk to her tomorrow
and get in front of
any dirt in her past.
The fight continues.
Can I help you?
It's all right, Mike.
Mr. McCoy,
forgive the intrusion.
To what do I owe the
pleasure, Congressman?
A conversation I had
with Eric Lund.
He's in hot water, isn't he?
Yes, he is.
Yet there's an offer
on the table
to reduce the charges
for information on me.
Many things were discussed.
Information about what?
What are you looking for?
Or are you just fishing?
What do you think, Congressman?
I think you're fishing.
Trying to bluff a man
like Eric Lund?
You're giving me
a lot of credit.
Who do you think you are, McCoy?
And just who the hell do you
think you're talking to?
Someone who lets other
people do their dirty work.
What kind of time
is Eric looking at if he cops a plea
to planting the Dana Baker story
and evidence tampering?
I'd consider 15 years.
I'll see he takes the deal.
I'd need to hear that from him.
Oh, you will.
But the fishing...
It has to stop.
Are we clear?
Crystal clear, Congressman.
We're coming down.
We don't have anything on him.
Except his guilty conscience.
Of course, we were shocked
when we learned the truth.
Although I personally never
worked closely with Eric Lund,
he should never have been on
our staff in the first place.
And for this,
I take full responsibility.
I want America to know
that the buck stops here.
Looks like Prescott's
going to weather the storm.
Hired a new consultant. Some rising
star from the 2004 campaign.
Another deal with another devil.
But who's the real devil?
Lund falls on his sword,
while Prescott just climbs over
him on his way to the top.
That's politics.
Well, democracy's still the worst
form of government there is,
except for all the rest.
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.
27 Adam,
respond to a 10-52 domestic
at 344 West 53rd Street,
Apartment Z-Baker.
Unidentified male caller
reporting dispute.
27 Adam, responding.
Look, all I'm saying is,
my cousin in the Reserves was
set to come home last year,
and they just re-upped him
till June.
Stop-loss, my ass.
Bring 'em home now, we'll be back there
in five years fighting the same damn war.
Or worse, we'll be downtown,
cleaning up another mess.
And you call yourself
an American.
Yes, I do.
27 Adam, we're 84
at the location.
Oh!
Say again, 27 Adam. Come in.
McDOW: What the hell...
27 Adam, we need a bus.
Female off the roof onto an RMP.
Nayada Kraya, 28 years old.
You guys see anyone
run out of the building?
Not a soul.
Any of these people know her?
None of'em. Or the
tenants and the super.
What about the domestic disturbance
call you were responding to?
Couldn't find it.
And the apartment Central gave
us has been vacant six months.
Did Central tell you
where the call originated?
From a cell. They're
checking subscriber info now.
Well, she didn't jump.
Rigor and core temp put the time
of death around 1:00 or 2:00.
Four hours before the jump?
Gunshots. One in the head,
two in the chest.
Close range, I think.
Exit wounds?
Only in the headshot.
If the slugs on the others are
intact, you'll be the first to know.
We've got a blood trail
up the stairwell,
and a busted lock on the roof.
Thanks.
Somebody shoots her, drags
her all the way up there,
just to throw her back down?
Yeah, and the bull's-eye's
a squad car.
That domestic disturbance
call was bogus.
I'd like to know
who she pissed off.
Fontana, Green.
Lieutenant Sullivan.
He heard the DOA's name
go out on the radio.
Oh, God.
How do you know her?
Her real name is Dana Baker.
She was on the job.
One of my undercovers.
She spent the last year
infiltrating an Albanian drug ring
who use heroin money to fund
paramilitary groups in Kosovo.
She got over as an Albanian?
Well, she spent some years
in Kosovo as a teen.
Her father had an embassyjob
with the State Department.
We should talk to him.
He's on a flight from London.
I'm going to meet his
plane at the airport.
- All right.
- Hey.
The cell that made the 911
domestic disturbance call
was a disposable.
So, it's probably dumped.
Did she ever suggest that the
Albanians were onto her?
Oh, no, no, no.
I'd have pulled her out.
Well, that phony call and
her hitting the patrol car
was not a coincidence.
Her cover was blown.
Then she wasn't aware of it.
Dana was no cowboy.
She knew the guys in this
organization were animals.
You got names?
Your best bet for info
is her main contact,
Kreshnik Pernaska.
He's a major player in Eastern
European organized crime.
Here. Here's his file.
But do me a favor.
When you find him,
ring his bell.
All right! Everybody!
Hands on the table!
Let's go! Put that down!
You, too! Hands on the table!
Come on!
Kreshnik Pernaska? What is this?
Come here.
You recognize this girl?
Nayada Kraya?
Or maybe you know her
by her real name.
Detective Dana Baker?
Hey! Pay attention!
How did you find out
she was undercover?
I had no idea
this girl was a cop.
Is that why you dropped
her on a police car?
She's dead?
You think that's funny?
Hey, hey-
She's dead because she knew the
ins and outs of your business.
The smack.
The Afghan connections.
The payoffs at
the Baltimore docks.
I import antiques.
Where were you
last night at 2:00 a.m.?
Home. With who?
My wife. My daughters.
Ask. They tell you.
Okay.
I hope you, your wife,
your daughters,
everybody in here
has green cards,
because I'm calling Immigration.
Okay. Okay.
It was not one of mine.
Yesterday, she tells me she is
meeting new business contact.
His name?
She didn't give it.
Only who was introducing her.
Street trash punk. Jason Higgs.
Police! Freeze!
Hey, hey. Hey!
Get your ass down here!
What'd I do? What'd I do?
Where you going, Jason?
Bag's packed. Taking a
little trip, are you?
No, that's my laundry. Laundry?
Laundry with blood on it.
You know you got the whole New
York City Police Department
looking for you?
40,000 cops ready
to whup your ass.
I had nothing to do
with her death.
Who pulled the trigger?
A guy...
A guy I hooked up with who was
looking to move three kilos.
His name was Ratko Petrovich.
Did Petrovich know
she was a cop? Huh?
He said it right before
he blew her away, okay?
That's an awful thing
to see, all right?
You mean, he just
walks in the room,
says, "She's a policeman,"
starts blasting,
and he'd never met her before?
I don't know. They'd talked on the
phone once. That's it, all right?
Where'd all this happen?
Burned out warehouse
in Brooklyn.
Is that where we're going
to find Petrovich?
I don't know where he's staying.
All I've got is
a cell, all right?
Anything at the warehouse?
Pool of blood
and a trail to the street
that ended near
some tire skid marks.
Crime Scene Unit
is working on it.
What about the canvass?
It was wack. That warehouse
was in the middle of nowhere.
Ratko Petrovich.
There's a warrant on him
for a homicide in Chicago.
Big-time smack dealer got shot in the
head and his stash went missing.
I'm going to bet
three kilos' worth.
Exactly. And Ballistics said
the slugs in Dana Baker match a gun
that traces to that same dealer.
Is there anything
in Dana's case file?
The notes indicate
that this Petrovich
came to New York
about two weeks ago,
got to talking to local
peddlers, and set up this deal.
Now, this guy's been
in the city two weeks.
Two weeks. Fontana.
How the hell does he make an undercover
who's been under for a year?
Thank you.
None of the airlines report a
Ratko Petrovich as a passenger.
Well, we've got teams at the
airports and bus stations.
If he's going,
it's by car or foot.
Found something
in the case file.
A note here says,
"R.P. 814 Risman."
Hey, Dana had talked
to Petrovich on the phone.
Maybe this is an address
he gave her.
No. Risman's in Queens.
There's a vacant office
building at that location.
Take ESU.
Delta Team! Clear!
We're all clear!
Officer down! Officer down!
Is it bad? Ls there blood?
No, I don't think
it went through, man.
L think you're
gonna be all right.
That's gonna be
one hell of a bruise.
Get him out of here.
My aim must be off.
He's still alive.
You don't look like the type of
guy who can think for himself,
so we know that you were tipped off
to Dana Baker being an undercover.
You're gonna tell us
who gave her up.
We know you can speak
English, you bastard.
You called 911
to draw our police cruiser.
We got your voice on tape.
You killed a police officer.
And you're gonna tell us how you
found out she was on this job,
or you're not gonna
leave this room alive.
Maybe we should
pull his morphine.
Where is the secret?
What?
It's no secret she was a cop.
She was an undercover
police officer.
She was in a newspaper.
It's no secret.
Lou, you ain't
gonna believe this.
Her picture's in the damn paper.
It's a column about her
father, Tom Baker.
He wrote a book, and it
says that she's NYPD.
Why didn't anyone catch this
and pull her off detail?
It may have been
too late anyway.
It appeared on page 30
of the late edition.
So Ratko pulled the trigger, but
this is what got Dana killed.
It's the same as if someone pushed
her in front of a damn bus.
And it was written
by Veronica Drake.
Now, what do you think she got for
outing an undercover officer?
I'm gonna find out.
I had no idea Dana Baker
was undercover.
I would never purposefully
put someone in danger.
Convince me.
Her father's book labels Congressmen
Prescott, Monroe, and Tucker pro-criminal
because they voted to cut federal
funding for police overtime.
Dana Baker being on the job
reveals Tom Baker's bias.
So, it's just a coincidence that your
article got a police officer killed,
ruined a sting operation, and
gave aid to the Albanian mob?
My article had nothing
to do with the Albanian mob.
So, why out an undercover cop?
All I learned was that Dana
Baker was a cop, on a desk,
making a lot of overtime.
Learned from who?
A source.
I can't tell you anymore.
And did you verify what this source
told you with One Police Plaza?
Payroll Department
didn't return my calls.
Deputy Commissioner of Public
Information had no comment.
It suggested
she was being protected.
So, you went with
uncorroborated information
and never thought that this
source might have an agenda?
Telling the truth about Tom Baker
does not constitute an agenda.
You know something?
A detective was
shot three times.
She was thrown off a building.
That should tell you
otherwise, Ms. Drake.
Now, who contacted you?
I'm not revealing my source.
I'm protected by New York Civil
Rights law and the First Amendment.
I have nothing else to say without talking
to my lawyer and in-house counsel.
I don't think this has anything
to do with an Albanian mob.
Somebody sold my daughter
out over a book.
Who do you think would do that, Mr.
Baker?
I've been condemned by
every liberal commentator.
I get crazy phone calls,
e-mails.
I get about 50 of these a day.
"Stop lying to America."
You can print them
from a website.
Some liberal 527 group.
Funded by supporters of
Congressman John Prescott.
Veronica Drake's article makes him out
to be a serious adversary of yours.
I think he's a criminal.
He sells out good law
enforcement programs for pork.
And I haven't kept it a secret.
So, you think the Congressman's
cutthroat enough
to make the call to Drake?
He's not smart enough to
compose a rational thought.
But his Chief of Staff,
a pit bull, Eric Lund.
L wouldn't put
anything past him.
Did Lund ever threaten you?
Said he would put me
out of work.
Close me off from my publishers.
And that was at the end of
a scathing 14-page e-mail
denouncing every well-researched
and corroborated fact
in my book.
Just another minute,
Congressman.
Thank you.
With all due respect
for his loss,
Tom Baker is nothing
but a right-wing fanatic
who's had it in for me
since I took office.
Makes it only natural that
you'd want to strike back.
Oh, I will.
With legislation
denouncing his causes.
But please, planting a story
about the man's daughter?
That's far below
the dignity of my position.
Well, how about the dignity of
your Chief of Staff, Eric Lund?
We hear that's the
type of guy he is.
Eric and I have worked
side by side for five years.
He's a good man
and a good friend.
Wow. That was good, Congressman.
You didn't really
answer the question.
Congressman.
They're ready for you
on the set.
Thank you.
Eric is at our district
office in the city.
He'll be glad
to tell you the same.
A woman's right to choose
and universal health care
are the concerns of
Congressman Prescott's office.
Not Tom Baker or his daughter.
Rest in peace.
You didn't write a 14-page
e-mail about his book?
A critique.
You promised to bury him.
So, it's a harsh critique.
And a little hotheaded,
admittedly.
But have you read his book?
It's slander.
What about these?
Well... Perfectly legal
social commentary.
Comes off as a vendetta.
I call it freedom of speech.
To me, that's evidence
of a healthy democracy.
How well do you know
Veronica Drake?
Only through her work.
When was the last time
you spoke with her?
I've haven't spoken to her outside of
a hello one time at the Press Club.
You haven't called her
or e-mailed her?
I have no reason to call her
and I don't have
her e-mail address.
Hey.
We're trying to
talk to you, here.
Gentlemen, what have I done to
earn this kind of hardball?
We think that a political dirty
trick got Dana Baker murdered.
For which
you have my condolences,
but I'm not the one responsible.
I haven't spoken
to Veronica Drake.
And your phone records
will support that?
Yes. You get a subpoena,
and I'll prove it.
Now, apologies.
But Senator Kennedy
promised to show some of us
galleys of a children's book
he's publishing.
Don't want to be late.
Did he offer up
the notion of a subpoena
because there's nothing
on his phone records,
or do you think he was bluffing?
If I was some punk-ass
political consultant
who wanted to bury somebody,
I wouldn't do it from my office
and I wouldn't call
just one reporter.
It's not like Veronica Drake
is the first name in news.
Well, I say we get that subpoena
and a list of the top 10
political reporters in town.
I've been covering
the Baker affair.
I wouldn't do that if I
was personally involved.
Well, your assistant's
call log says otherwise.
Two days before the story
came out exposing Dana Baker,
you got a call from Eric Lund.
And then the same day, you got
10 calls from Veronica Drake.
What did you and Lund discuss?
My sources are just as
protected as Veronica's.
Look, Mr. Grayson, we're gonna
find out what was said.
The question is whether
you're gonna tell us now,
or you're gonna wait until
enough bad press comes out
to put somebody younger
in your anchor seat.
Look, if I talk to you, these
people, Lund's people,
and there are a lot of them,
will cut me off.
I will not have access.
As a reporter, I'll be useless.
And if you keep the truth
about a police murder a secret,
you already are, pal.
Lund tried to plant the
same story with me.
That Tom Baker's daughter
was a cop.
I wouldn't run with it,
but Veronica wanted to.
That's why she called.
Did Lund say that Dana Baker
was an undercover policeman?
Made it sound like she had some
sort of cushy clerical job.
Why didn't you report it?
Basic human decency.
You don't go after a man's
family without solid proof.
But Lund wanted you
to run with it, right?
He told me that
Dana Baker is fair game.
Look, all we can prove is that
Lund passed on information
that Baker was a cop on a desk.
That's not enough.
But, Lou, he had to know he was
outing an undercover officer.
Why else plant the story?
Well, he can say he was just trying
to discredit her father's book.
Well, if he's so damn innocent,
why can't he admit
to calling Veronica Drake?
Let's get over to Payroll.
IAB says that two weeks ago,
someone called asking about
Dana Baker's pay grade.
The man said
his name was Nathan Dean
and was from the Department
of Homeland Security.
Why did he say he wanted
information on Dana Baker?
He said he was doing
a background check
on her father
for a consulting position.
Did you think to verify
who you were talking to?
I checked the name with Homeland Security.
It's legit.
Yeah, but how do you know it was
actually Nathan Dean on the phone?
What did you tell this guy?
That Dana Baker's
payroll code indicated
that she was a second-grade detective
with Manhattan North Narcotics.
Aren't we supposed to be sharing
with Homeland Security?
And that's all you told him,
that she was
a second-grade detective?
And that he should be
careful with the information
because a lot of detectives
in Narcotics work undercover.
Do you have the number
that he called from?
Did I screw up?
I mean, I know
this cop got killed.
Just get the number. Please.
The call to Payroll
came from Lund's office.
We have more than enough
to arrest.
I want to wait until we
have enough to indict.
We still have to prove that Eric
Lund was Veronica Drake's source.
If he wasn't the one
who told her,
it doesn't matter what he knew.
This man is responsible for the
death of a police officer.
Which is why we have
to get this right.
Meanwhile, he could be
shredding evidence
and intimidating witnesses.
Find proof of that, and
we'll put the cuffs on him.
It may be too late by then.
Without a Grand Jury indictment,
he'll paint this
as a witch hunt.
Who cares about politics?
Jurors.
We can't pretend we'll be trying
this case in a political vacuum.
No arrest till I give the word.
Jack McCoy. Eric Lund.
How can I help you?
Well, it's the other way
around, actually.
Word is you've taken
an interest in me.
I was in the neighborhood,
thought I'd drop in for a chat.
About what, Mr. Lund?
Your dogs are barking
up the wrong tree.
Is that right?
And I think you should know that I don't
tolerate attacks on my reputation.
Which precedes you.
You have a long history
of ruthless tactics.
Well, regardless, I don't think
anyone on Earth would say
that I'd set up
a police officer's murder.
Would anyone say it was
the unfortunate by-product
of an attempt
to rattle Tom Baker?
If you're trying to coax
a confession out of me,
you're wasting your breath.
I just want the truth,
which could save you and your
congressman a lot of embarrassment.
Obviously, you've gotten
some bad information.
America's going to see this for
what it is, a political assault.
That's your arena, Mr. Lund.
My politics wear a blindfold.
Not according
to your witness list.
Tom Baker's a partisan hack.
Ron Grayson's bias
shows on every broadcast.
And your man in Payroll makes regular
contributions to the Republican party.
It seems you've been working
this case as fast as we have.
I believe in being pro-active.
Just steer clear
of obstruction, Mr. Lund.
If you come after me
based on rumors and lies,
I'll do everything necessary
to defend myself.
I think it would be better
for you and your office
if this little misunderstanding
didn't turn into a fight.
Excuse us. Excuse me, ma'am.
Excuse us.
Eric Lund. Do you remember us?
Detectives Green and Fontana?
NYPD, sir. Eric?
It's all right, John.
Gentlemen, how can I help you?
By turning around and put
your hands behind your back.
What on Earth are you
charging me with?
The murder of Dana Baker.
You have the right
to remain silent.
Anything you say can be used
against you in a court of law.
So, you were the type of kid
to throw rocks at a beehive.
Eric Lund's arrest
was completely justified.
It was completely premature,
and didn't need to take
place at a black-tie gala.
We did him a favor.
Saved him from
another rubber chicken dinner.
So, you think Lund's
to be taken lightly?
He contributed to the death
of a police officer, Arthur.
I never take that lightly.
Then why arrest him now, and
not wait for an indictment?
He's the kind to shred evidence.
Or did he poke you with a stick so
hard that it sent you off half-cocked?
Now, I know
he was here yesterday.
And you should know that
it was probably a tactic.
We had enough to arrest.
We'll have enough to prosecute.
Shoot, Jack. You better hope so.
"Docket number 31146."
"People v. Eric Lund, on the charge
of Manslaughter, Second Degree."
How does your
client plead, Mr. Rems?
Not guilty, Your Honor.
The charges against him
are baseless
and motivated solely
by partisan politics.
Save it for your opening,
Counselor.
People on bail?
Half a million should do it.
That's ridiculous, Your Honor.
My client is
a government employee.
Who has a total income
of over $200,000 a year
and access to a private jet.
A high-dollar amount
is necessary to ensure
that he has incentive to appear.
Clearing his good name is
incentive enough, Your Honor.
I tend to agree.
Bail is set at $10,000.
This is a trumped-up attack
by a conservative D.A.
hell-bent on silencing the powerful
progressive voice of John Prescott.
Your client should
be discussing a plea.
We have solid evidence that he
knew Dana Baker was undercover,
and he disclosed her identity
to the media anyway.
Evidence we can easily refute.
A courtesy phone at
the Hotel Dupont in Boston
shows calls to Ron Grayson
and Veronica Drake
two days before the story ran.
Both Grayson and his assistant
confirm speaking
to your client that day,
and the hotel has Mr. Lund
registered as a guest.
Along with 400
other Washington insiders.
It was a DNC retreat.
Even if you had proof that my
client spoke with Ms. Drake,
that doesn't mean
he was the leak.
And how does putting Dana Baker in
danger help me or Congressman Prescott?
It doesn't even make sense.
Political payback makes
pretty good sense to me.
Tom Baker went after
your candidate,
so you went after his daughter.
I found out about Dana Baker
the same day you did,
when Drake's column
ran in the newspaper.
Actually, I found out when her
corpse landed on a police car.
We'll accept man two,
five years.
No deals.
Then we'll see you in court.
I'm going to say this again.
Lam not involved in this leak.
No one in my office
or on my staff
had anything to do with exposing
the identity of Detective Baker.
And for the Manhattan District
Attorney to even suggest
that! Would jeopardize a heroic
American police officer is...
It's ludicrous.
Prescott's already
starting the spin.
You mean Lund's already started.
Is this their response
to your subpoenas?
Prescott's office surrendered
all this voluntarily
to show full cooperation.
Every letter, fax, and e-mail
they could throw our way.
We'll have to bring in more
TPA's to plow through it all.
Makes Lund look
like an open book
and drowns us in paperwork
all at the same time.
We've got five witnesses
on this phone call to Drake.
Payroll server logs corroborate the
computer search for Dana Baker's info.
Ron Grayson will take the
stand, and we have his records.
And Ratko Petrovich
has agreed to testify
for a sentencing recommendation.
Good.
If we're not rock solid on this,
we're gonna be in real
trouble with this guy.
Fourscore and seven years ago,
our fathers brought forth upon
this, uh, continent a new nation,
conceived in liberty and
dedicated to the proposition
that all men are created equal.
People's Six.
A voice exemplar obtained
from the defendant.
Was that the voice you heard
on the phone, Mr. Mills?
Yes, sir.
He said he was
with Homeland Security.
I thought I was
doing the right thing.
Did you get the caller's
phone number?
From the call ID.
Our phone system's
a little hinky,
so I always write down the number
in case I get disconnected.
Is this the number
that you wrote down?
Yes, sir.
Did you ever find out
whose phone number this is?
That's the defendant's
office line.
Eric Lund.
Nothing further, Your Honor.
Have you ever met
my client, Mr. Mills?
No, sir.
Prior to this alleged phone call,
had you ever heard his voice?
No, sir.
Did this person who called
give you their name?
He told me his name
was Nathan Dean.
I found out later
that's not who called.
You deal with
a lot of numbers in Payroll.
You ever write down
the wrong number by mistake?
It's happened.
So, you can't be sure
about the caller's name,
you can't be sure you wrote
down the right number.
How can you be sure
you spoke with my client?
He tricked me into betraying
an undercover officer.
I have nightmares about
what happened to that woman,
what I helped do.
If you think I will ever
forget the sound of his voice,
you're out of your mind.
Do you recognize this,
Mr. Petrovich?
I remind you that
you've agreed to testify
truthfully and taken
an oath to that effect.
Please tell the court, have
you ever seen this before?
Yes. I saw it the day
Detective Baker was killed.
That's how I know she was a cop.
People's Exhibit Ten,
Your Honor.
It shall be so marked.
Before you saw this,
did you have any idea that
she was a police officer?
No. I thought she was
a heroin dealer.
When you found out
the truth, what did you do?
I shot her.
In the head, and then
twice in the chest.
Sidebar, Your Honor?
Approach.
What's the problem, Counselor?
Your Honor,
something very disturbing
has just been
brought to my attention.
The D.A.'s office has been
withholding evidence
that exonerates my client.
This is an e-mail sent from
Veronica Drake to Ron Grayson.
"Friend of Tom Baker
says his daughter"
"works for NYPD.
Can you corroborate?"
Note the date, Your Honor.
This was sent one day
before my client
allegedly spoke
to either reporter.
Veronica Drake knew
Dana Baker was a cop
before my client contacted her.
Which means Eric Lund couldn't
have been their source.
It's exculpatory Brady material
that should have been
surrendered to the defense.
Mr. McCoy?
We can re-check our files.
I suppose it's possible
something was overlooked.
Or intentionally withheld.
That's absurd. I've never
seen this document before.
It was on a hard drive
delivered to the D.A.
A signed courier's slip
confirms they received it.
But this e-mail was never
turned over to the defense.
Do you also have proof
that it's authentic?
This all seems
incredibly convenient.
Well, there's a simple way to be sure
about that, isn't there, Mr. McCoy?
We're in recess for 24 hours
while you search your office.
Ms. Borgia, I don't
recall seeing this,
but I get a hundred
e-mails a day.
How many of them connect
to the murder of a cop?
Uh-huh. Few, admittedly,
but I still could have received
it and don't remember.
Mr. Grayson,
lam sure that you recognize
Eric Lund with his claws out.
Well, I can't be sure of that.
If you testify that
you never saw this e-mail,
you'll wipe out its credibility.
Lund will go to jail,
where he can't come after
you for a reprisal.
I can't testify about something
that may not be true.
Look.
I know that you lost some press
privileges since talking to the cops.
That was on account
of Lund, wasn't it?
Eric Lund is
a vile little snake.
He's ruined good men for the
smallest perceived insult.
So maybe I got off easy.
But no member of the House or
Senate will speak to me any longer,
some of whom
I've known 30 years.
And without information,
I'm not a journalist.
I'm a newsreader.
What did Ron Grayson
have to say?
That he has no idea
what they're talking about.
Of course, he also said that he
gets over a hundred e-mails a day.
And Veronica Drake?
We have no way to be certain that
this e-mail was actually from her.
Ms. Borgia.
Where was this?
Box 24. Print-outs from
Ron Grayson's hard drive.
What the hell happened?
You were supposed to have
this thing ironclad.
Now, the whole thing's about to come
apart because of a careless mistake?
I'm not convinced
there was a mistake.
Lund fabricated evidence
and planted it here?
If someone accuses you, find
a way to put them on trial.
It's a strategy he's used in
every campaign that he's run.
With one document,
he exonerates himself,
clears Drake, impeaches Grayson,
attacks me, and blames the
whole thing on Tom Baker.
It's a magic bullet.
If this is a magic bullet,
find me a smoking gun.
And prepare for the storm that's
gonna come from Lund's side.
The file is on the hard
drive, Your Honor.
It's the prosecution's word
against solid evidence.
They have no case.
The People can still meet
the burden of proof.
At worst, this was
an honest mistake.
There was nothing
honest about it.
They entered
four other documents
from that hard drive
into evidence.
Yet they somehow managed to
overlook the one document
that clears my client.
I have sworn affidavits
confirming that
no one in my office
saw this e-mail before the
defense brought it into court.
This is all academic,
Your Honor.
No harm has been done
to the defense's case.
What about the harm to
my client's reputation?
This whole thing
has been a witch hunt.
Mr. Lund's action got a
decorated officer killed.
Politics has nothing
to do with it.
Given the clear evidence
of intentional malfeasance,
we respectfully
request a continuance
for a full hearing on
prosecutorial misconduct.
There's no evidence to
warrant this, Your Honor.
It doesn't have to
just be fair, Mr. McCoy.
It has to look fair, too.
I'll release the jury
for the day.
We'll do the hearing
9:00 a.m. tomorrow.
Thank you, Your Honor.
In the interest
of full disclosure,
you might want to check
in with Tom Baker.
It was the day my book launched.
A month before Dana died.
After the press event, I asked a couple
of friends to come over for drinks.
Dana said she would try to
make it, but she didn't come.
I had a few...
What did you say, Mr. Baker?
That I loved her
and that she was the
best cop in Manhattan.
Who are these friends?
My agent and publisher.
Have you spoken to them?
Both of them swear that
they didn't tell a soul.
You believe them?
I don't know.
I didn't say that
she was undercover...
So, this e-mail
could be legitimate.
I don't know about you,
but even with this,
I don't buy it.
Tell Computer Investigation we need
their analysis. We're out of time.
Everything on the drive looked normal
at first, but now I'm not sure.
I mean, the hash system
doesn't invalidate the image.
The SMTP timestamp
on the e-mail jives.
Beck...
Oh. Sorry. Uh...
The big stuff checks out.
But there's this one anomaly
on the driver files
that suggests that this thing
was powered on five days ago.
Well, no one should have touched it since
we took it into evidence last month.
Yeah, exactly.
How hard would it be
to fake that?
Well, if this drive
was modified,
it was by somebody who really
knew what they were doing.
The e-mail appears genuine,
but there's a timestamp on another part
of the disk that's dated for last week.
So, either the hard drive
was modified,
or else Grayson had his
clock set wrong one day.
Who had access?
Twelve TPAs.
I was there while Fontana
and Green questioned them.
They're all law students. No criminal
records. No connections to Lund.
And none of them has the
necessary computer expertise.
Someone planted the e-mail.
I have these theories.
This hearing is gonna be a boxing match
with my hands tied behind my back.
I'll keep working.
Your Honor, the District
Attorney's office
deliberately targeted my client
for malicious prosecution.
They chose to arrest him
before getting an indictment.
And today, you've seen proof
that they withheld key evidence
that exonerates Eric Lund.
Given all the evidence, given the
current state of American politics,
which is more likely?
That Eric Lund is a part of some
vast conspiracy
to get a good cop killed?
Or that he's just another target
of opportunity for the right?
We're here today because
Detective Dana Baker is dead.
Because everything we uncovered
pointed to one person
who revealed her identity, who
is responsible for her death.
Eric Lund.
Persuasion,
by any means necessary.
Spinning the truth until no one can
tell fact from fiction anymore.
That's what Eric Lund
does for a living.
That's what
he's doing right now.
That e-mail was never
surrendered to my office.
You've seen my evidence.
My record speaks for itself.
L think the defendant's
record speaks for him.
It's up to you to see the truth.
We're in recess until
8:00 a.m. tomorrow,
when I'll render my decision.
I don't like your odds here.
I floated the idea of a plea.
Rems won't even discuss it.
The People of New York
get no benefit
from a misconduct finding
against their lead prosecutor.
What are you suggesting?
It's not about Lund.
It's about you.
If your credibility
is undermined,
it's gonna be defense fodder
for every case you try
from here on out.
It'll compromise your
ability to get convictions.
Look, Jack. You got
hammered in the hearing,
that damn e-mail indicates
that the guy is innocent,
and Dana Baker's father admitted
that he compromised her cover.
If you win the battle, you're
still gonna lose the war.
We can still win this.
And it's my reputation.
Jack, it's our reputation.
Drop the charges?
Well, it's your call.
But I'd say consider it.
Seriously.
I'm impressed, McCoy.
I didn't think you'd have the spine
to take this all the way to a ruling.
I still plan to take
this to a verdict.
It's your career. Jack.
Fontana and Green. They've got
something on one of the TPAs.
I can buy us an hour.
I don't know Eric Lund. I
already told you, the police...
We know what you
told them, Ms. Lesko.
But when they ran your address,
the name Peter Gordon came up.
My boyfriend?
We're both on the lease.
Did you know that your boyfriend
worked on a political
campaign in 2004?
Eric Lund was his boss?
That doesn't mean I know him.
This is guilt by association.
We pulled your phone records.
Ten calls between Lund's office
and Peter's cell
over the last three weeks.
This is crazy. I don't know
what you're talking about.
Our technicians have proof that
hard drive was tampered with.
Only 12 other people had access,
and Lund wasn't calling
their boyfriends.
Peter had me meet with this guy.
An expert. He told me what
to do with the computer.
I didn't want to, okay?
But you don't understand. When
Lund called, Peter was terrified.
Lund made threats?
He didn't have to.
Peter told me things
he did on that campaign.
Families he ruined,
lives he destroyed.
If you don't do what Eric
Lund tells you to do,
he will wreck your whole world.
Ms. Lesko, so will we.
We've forwarded copies
to Judge Bright.
He's reviewing them right now.
As soon as we're done trying Mr.
Lund for manslaughter,
we'll be charging him with
multiple counts of per jury,
conspiracy, and
obstruction of justice.
The word of
two cash-strapped kids.
It's hardly DNA, is it?
Politics is a manipulative
business, Mr. McCoy.
People lie all the time.
Not to me.
All the charges add up
to a minimum of 20 years.
Make us an offer.
If you plead guilty
on all counts,
we're willing to give a recommendation
on where you serve your sentence.
That's an insult.
That's the best offer
you're going to get.
Unless you have any
information on illegal acts
committed by
Congressman Prescott.
Such as?
Did he instruct you
to expose Dana Baker?
Is this your attempt
at a political move?
To put my back to the wall?
I'm offering you a way to
atone for your mistakes.
John Prescott is a great leader.
A strong, progressive voice that
this country desperately needs.
He can be president someday.
He will be president someday.
Maybe when you're out of jail.
Just file your charges, McCoy.
I don't trust Lund's confidence.
Like he's got something
else up his sleeve.
Away to discredit Janine Lesko.
Or away to manufacture
something to discredit her.
He will tear that girl to shreds
before he lets her send him to jail.
We need to talk to her tomorrow
and get in front of
any dirt in her past.
The fight continues.
Can I help you?
It's all right, Mike.
Mr. McCoy,
forgive the intrusion.
To what do I owe the
pleasure, Congressman?
A conversation I had
with Eric Lund.
He's in hot water, isn't he?
Yes, he is.
Yet there's an offer
on the table
to reduce the charges
for information on me.
Many things were discussed.
Information about what?
What are you looking for?
Or are you just fishing?
What do you think, Congressman?
I think you're fishing.
Trying to bluff a man
like Eric Lund?
You're giving me
a lot of credit.
Who do you think you are, McCoy?
And just who the hell do you
think you're talking to?
Someone who lets other
people do their dirty work.
What kind of time
is Eric looking at if he cops a plea
to planting the Dana Baker story
and evidence tampering?
I'd consider 15 years.
I'll see he takes the deal.
I'd need to hear that from him.
Oh, you will.
But the fishing...
It has to stop.
Are we clear?
Crystal clear, Congressman.
We're coming down.
We don't have anything on him.
Except his guilty conscience.
Of course, we were shocked
when we learned the truth.
Although I personally never
worked closely with Eric Lund,
he should never have been on
our staff in the first place.
And for this,
I take full responsibility.
I want America to know
that the buck stops here.
Looks like Prescott's
going to weather the storm.
Hired a new consultant. Some rising
star from the 2004 campaign.
Another deal with another devil.
But who's the real devil?
Lund falls on his sword,
while Prescott just climbs over
him on his way to the top.
That's politics.
Well, democracy's still the worst
form of government there is,
except for all the rest.