Law & Order (1990–2010): Season 3, Episode 21 - Manhood - full transcript
When patrolman Rick Newhouse comes under fire, he requests backup and two patrol cars are dispatched. Both arrive too late and Newhouse is killed. The subsequent investigation clears everyone involved but Detectives Logan and Briscoe smell a rat and get Captain Cragen's permission to investigate on their own. They find that both patrol cars arrived at the scene at virtually the same time though one was 20 blocks further away when they set out. When a passerby says he he saw a patrol car sitting around the corner while the shooting was going on, they know Newhouse was left on his own. What they find is that Newhouse was gay and his fellow officers were giving him a hard time about it making it clear he wasn't welcome in their precinct. ADA Stone charges three cops with second degree murder though he knows the odds are stacked against getting a conviction.
(narrator) In the
criminal justice system,
the people are represented by two
separate yet equally important groups:
the police who
investigate crime...
and the district attorneys
who prosecute the offenders.
These are their stories.
[people chattering]
(operator) 645 West Fourth.
10-4, this is Central
verifying 10-31,
507 East 45.
Burglary in progress, rear-door
warehouse, two white males.
Two officers on the scene.
Suspicious vehicle, occupied,
three males, green Chevrolet,
55 and Second Avenue...
repeat 10-85, call from
31-18, requesting backup.
Two male suspects,
Hispanic, 107 and Amsterdam.
Possible drug sale in progress.
10-85, 107 and
Amsterdam, call from 31-18.
Possible drug sale in progress.
He's alone out there,
needs additional unit.
Two suspects, male, Hispanic.
(Harley) 31-Charlie to Central.
Responding to 10-85.
We're on the way.
(Rhodes) This is 31-5 to
Central. 10-85, we are en route.
Central to 31-18.
Two units en route. Confirm.
(Newhouse) 31-18 to Central.
Confirm. Awaiting backup.
I'm short three for Wednesday.
You're short one more.
It's my night with the kids.
Well, then, hire a baby-sitter.
And don't forget to
pay the social security.
Mac, please.
Gardner's got the flu,
Kelley's wife is in the hospital.
You're gonna have to do it.
I've been on my hind
legs for two weeks.
I got vacation
days I haven't used.
What?
(operator) 31-18, 10-5, 10-5.
For God's sake. What is it?
31-18's alone, he's
still waiting for backup.
(Newhouse) Central, this is
31-18, 10-85, waiting for backup.
Did you say two
units were on the way?
31-Frank, what's your location?
31-18 waiting for backup.
(Rhodes) Central,
this is 31-Frank.
We're at 107 Amsterdam.
We can't find this drug
sale. There's nobody here.
Central to 31-Frank.
Wrong location.
Repeat, wrong location.
107 and Amsterdam. Confirm.
Central to 31-Frank. Repeat,
confirm wrong location.
He's alone. Get some speed up.
(Rhodes) 31-Frank
confirming wrong location.
En route. 107 and Amsterdam.
[guns firing] Newhouse.
31-18. Make that a signal 10-13!
Shots fired! They're
firing from both sides!
Where are those two units?
10-13, 10-13, shots fired.
107 and Amsterdam. Shots fired.
Officer alone. Officer alone.
31-18 to Central. I'm
pinned down! I can't move!
[guns continue firing]
Where the hell is the backup?
Oh, my God, I'm hit!
(operator) Newhouse,
give me a report.
Newhouse! 31-18, Are you okay?
31-18, respond!
(Cragen) On the
force three years.
Fired at from both sides.
My favorite nightmare.
Out here alone,
he might as well have had a
bull's-eye painted on his chest.
You find out where
his partner was?
Yeah. Night class at John Jay.
Sergeant's exam.
Newhouse started his
foot patrol without him.
Seven shells, .22. The
dead dealer's got a .38.
Fiber, hair, buttons, anything?
Not yet. I already told the
wife, don't hold breakfast.
Out here, with all
these buildings,
you might find a witness
who saw the other guy.
And maybe the Second
Coming is tomorrow afternoon.
Plastics. We may get prints.
Forensics, tonight.
We'll have somebody
there in an hour.
I'm gonna have to
deal with the press.
[sighs]
You got here after he went down?
Dispatch screwed up.
We got the location wrong.
What's with him?
Weddeker? On the
force six months,
his first killing, it's a cop.
Hey, patrolman, you okay?
POBA's got a reward. $50,000.
We'll do the fliers tonight.
Thanks, we need
your help, we'll call.
[sighs]
You hear about it, but
you never think it's...
All right. All right. Weddeker,
go home, get some sleep.
All right? Go.
You remember foot patrol?
Yeah. What I remember most
is I never thought I'd get shot.
[car horn honking]
Call at midnight... You
know it's not a wrong number.
He was a good cop.
Yeah. Well, we got
no witnesses yet.
We get an ID on the dead dealer,
maybe it leads us to his pal.
This precinct hasn't
lost a guy in nine years.
Now, I know he
crossed into your turf.
The precinct line is
just across the street
and my guys don't
want to be left out.
You use them,
maybe it goes faster.
Let's hope faster
than they drive.
What?
Your guys were late.
My cop is dead. I don't
need this from you, Detective.
I had to call that kid's
mother in Wisconsin.
Fellows, why don't we see if
Forensics has anything, all right?
You can't talk to
O'Hara like that.
Why not?
Because he also wears blue,
he's a captain and you're not,
and he made the call
to the kid's mother.
They got prints off the baggie.
They're runnin' 'em now.
Lot of guys knockin'
on doors tonight.
No need for you to be there.
Just get to Forensics
early in the morning.
Let's go.
Three slugs in Off.
Newhouse... at Ballistics.
A print from your stiff,
Romeo Romejas, 28.
Latent identified our
lifts from the baggie.
Full thumb, full
index. Lucho Martinez.
Lucho Martinez.
Assault, no conviction.
Possession, intent
to sell, no conviction.
Robbery attempt, no conviction.
Lucky guy.
Not today. Let's
go get a mug shot.
O'Hara didn't even
show up at the scene.
Well, it was late,
they couldn't find him.
I happen to know he was
at a VFA dinner in Brooklyn,
waxing lyrical on
community policing.
He didn't want to leave his peach
cobbler to see Newhouse's body.
Hey, what's this about?
It ain't about Newhouse,
you didn't even know him.
You tell me. What's it about?
Maybe it's about your
two partners who got shot.
Well, just keep sittin' there and
tell me it hasn't occurred to you.
Comin' down the street.
Opposite side. I'm in front.
[bus brakes squealing]
Freeze!
Give us a chance.
We'd love to try.
Get 'em up! Now!
You're under arrest. You
have the right to remain silent,
and if you move funny,
I'll blow your head off.
I want my lawyer.
Good. Don't say another word.
I want my lawyer.
You killed a cop, you
dumb son of a bitch!
I didn't do it.
Put a fist in it, Lucho.
Your lawyer's not God,
you don't walk on this one.
Jerry!
Whatever he said,
you can't use it.
He's got a problem with sentences
that have more than four words.
You could have a
Miranda problem.
(Briscoe) Wrong, Counselor.
And we got his prints on a
bag of crack at the scene.
Prints, huh? You know
how I usually handle that?
He bought a sandwich,
threw the bag away,
and then somebody
filled it with crack.
Let's talk to the DA.
[Briscoe sighs]
You're runnin' on empty, Paul.
The fingerprints
are a coincidence?
On a plastic bag, yes.
You don't have them on a gun.
Well, we're gonna arraign
him and wait five days.
Fine.
But I promise you,
if he gets into a
knife fight at Riker's,
if he should get his throat cut,
if he should trip
and break his neck,
I will drown you.
[mumbling] Yeah.
Five days. From
here to eternity.
Maybe a little closer.
Call to 911. Somebody
heard the shots.
Maybe they saw a face.
Yes! No.
First you have to find him.
He didn't leave a name.
(man) They're shooting,
right... right below my window.
There's a cop down there.
(operator) Where are
you calling from, sir?
107th and Amsterdam.
That's right, by the dry-cleaner.
Yeah. You better send
someone quick, okay?
What's your name, sir?
What's your name, sir?
[phone disconnecting]
Again.
You heard it six times already.
I want to know his voice.
We get a Coles Directory,
we hit every apartment
in the neighborhood.
At 2:00 in the morning?
If they were shooting,
you would've heard them.
No. All my neighbors,
they didn't hear nothin'.
I got a pineapple
cake in the oven.
If you didn't hear anything, how come
you were talking to your neighbors?
No, I saw it in the paper, man.
Hey, I love the police, man.
You guys make us feel safe.
No, I was at the
hospital seeing my wife.
But nobody heard a thing.
Nobody? I guess you
talked to everybody
in the building, huh?
I was at the
hospital, Saint Agnes.
You wanna call my wife?
(man) I haven't been
out of the apartment.
I've seen no papers.
I didn't know that
somebody was shot.
(Briscoe) Mr. Nazarrio,
everybody in the building
knows a cop was shot.
Hey, you called 911, didn't you?
I didn't make no calls.
No, mister, please.
I know your voice.
There's a policeman dead.
Now we're trying to
find anybody who...
It wasn't me, no.
Come here. Come
here. Somebody...
You want me to
read you your rights?
You know what that means?
It means you're under arrest.
Look, I, I seen the cop.
They was shooting at him.
One of them got shot,
the other guy ran to the car
and he just drove real fast.
What kind of car?
One of those, you know,
uh... Cost a lot of money...
You know, sports car. Corvette.
Would you recognize
the man who ran away?
Maybe. Uh, If I see
him again, uh, maybe.
Nobody's gonna kill you.
His friends kill me.
In San Juan they do.
Just look at the
faces, Mr. Nazarrio.
He's number 4.
He ran to the car.
Thank you. We'll call
you if we need you.
Felony murder,
25-to-life. Drugs, 5-to-15.
He didn't kill the
cop. He had a .22.
The cop was hit with a .38.
Save the cost of a trial.
He pleads murder two.
Forget the drugs.
He does the 25.
(Lucho) I didn't shoot him.
Romero hit him in the leg.
He was like an animal, man.
He ran down,
shot him again.
He thought the cop was dead.
Romero turned around to go,
cop shot him.
I got the hell out.
I was lucky.
Two cops around the
block sittin' there in a car.
[people chattering]
He said he saw two cops
in a squad car a block away.
A coked-up dealer.
That's very reliable.
Yeah. So he saw a
blue-and-white Jersey cab.
Look, you're not gonna convince
me they hung Newhouse out to dry.
What? All cops are choirboys?
I wanna see O'Hara.
Uh, look, anything you have
to say to him, you say to me.
Thanks. I appreciate
the confidence.
Up until three months ago, Rick
Newhouse had a perfect service record.
Where did you get
his service record?
A leprechaun brought it.
Three months ago, out of
nowhere, bad performance reports.
From perfect cop to
screw-up, overnight.
He also quit the
precinct boxing team.
(Briscoe) What are
we lookin' at here?
Why didn't he get backup?
Maybe the 31's dirty,
and maybe Newhouse was
going someplace with a broom.
It's a hell of a way to
end a family squabble.
(O'Hara) Not in my precinct.
The only thing's
dirty are the windows.
Tom, was Newhouse in trouble?
He was clean. He just had
some kind of personal problem.
Must've been serious to
affect his service record.
No big deal. He missed a couple
of shifts. What's the problem, here?
Two patrol cars never
made it to a cop under fire.
Is this about chewin' ass?
'Cause I don't need some
detective in a striped suit
telling me how to run my
precinct. I already chewed ass.
Rhodes, Davis, Harley,
Weddeker, suspended.
Three weeks from downtown
because I demanded it.
That settle it for you?
The other dealer who was there
saw a unit parked with
two cops a block away.
Don, if I'm hearing
what I think I'm hearing,
take him out before
he hurts himself.
I don't need an escort.
[phone ringing]
(Briscoe) Great
performance, pal.
Next time you wanna
get bones broken,
try falling down
a flight of stairs.
Next time I want advice,
I'll write Dear Abby.
Listen, I got a
question for you.
When Greevey
and Cerreta got shot,
was it your first thought
to ask for a transfer
to another precinct?
See, while you were setting O'Hara
on fire, I was lookin' at his desk.
Newhouse's partner, McGraw,
put in a request for transfer.
Your partner dies, you
want to be with strangers?
[police siren blaring]
McGraw? Craig McGraw?
You're Briscoe. Logan.
You guys caught that
dealer fast. Thanks.
Your partner, he had a good
record. He was a smart cop.
We were wonderin'
how he ever got involved
in an incident like that.
Just bad luck, I guess.
(Briscoe) Very bad.
Maybe he was
distracted that night.
Had something else on his mind.
I wasn't there, I wouldn't know.
You put in for a transfer?
A change of scene may
make it easier to deal with.
I got a busy day, you guys.
Hey, McGraw...
31 is a good precinct.
Did I say it wasn't?
Thanks for comin' by.
If he tap-danced any
faster, he'd win a prize.
What do we know about Newhouse?
Want to take a walk
through his apartment?
(Logan) Mom and dad.
You talk about wholesome.
Donahue does a show on cops
killed in action, he's gonna invite them.
Intellectual. The New Republic.
Lennie.
You ever heard of a
bar called The Wave?
79th and Columbus.
It's a gay bar.
"Lambda Legal Defense Fund,
serving rights for gay people everywhere."
His backup was
slow for a reason.
We're gonna need
some transcripts.
The radio tapes
from the shooting.
You did what?
You worried about the time,
we'll dock ourselves a day.
I'm worried about
you losin' your house
and eatin' macaroni
the next 20 years.
I lost two houses already
and I like macaroni.
Lennie, read him the transcript.
Newhouse calls for backup.
Two units respond.
Dispatch is busy a while.
Newhouse calls again.
No backup.
They're on their way.
(Briscoe) Sure they are.
31-Frank got the location wrong.
He didn't go to 107
and Amsterdam.
He thought it was an
address, number 107.
Oh, come on. I could've
heard that wrong.
The dispatcher called twice to
find out where the backup was.
Two tries to get an answer.
107 Amsterdam is at 65th Street,
40 blocks from Newhouse.
The first car got to Newhouse
the same time as the second car.
The second car started at
88th Street, 20 blocks closer.
Twenty blocks difference,
they get there the same time?
Donny, they left
him out there to die.
Did Oswald kill Kennedy?
If he didn't, it's the greatest
conspiracy in history
and nobody said a word.
One hundred and forty officers
in that precinct. Nobody knew?
You stick your head
out, it gets cut off.
You gonna risk
that for a gay cop?
All right. I'll call
Internal Affairs.
They'll run into a wall so big,
a jackhammer
won't get through it.
[sighs]
We know some guys in the 31. We
could, you know, sort of, accidentally
run into 'em one of these days.
I can't believe I'm doing this.
One more penny
drops, we go to IA.
You walk around thinking,
"There, but for the grace of God..."
Hey, you think like that,
you hang up your badge.
Those guys on backup
must have a hard time
gettin' up in the morning, huh?
Well, you didn't make it
easier, bitching to O'Hara.
Hey, a cop dies, you get upset.
Newhouse was nobody's
favorite anyway, right?
I heard he was gay.
Is that right? Newhouse?
I never heard that.
Hi, Ted. Logan, Briscoe.
You guys are a little
out of your neighborhood.
What's the matter, you lonely?
Hey, guys, look
who's drinking with us.
The 27.
Congratulations. You
caught a cop killer.
Thanks. Too bad
about your suspension.
I wish we'd been there on time.
We take a mark on our
record. It's... it's okay.
Guess you weren't in a hurry
to make a good collar, huh?
What?
(Davis) Hey, hey! Jack,
come on. Come on.
(Jack) I gotta hear
what he's saying.
(Rhodes) Let's go.
Gotta take my kid
to the Cub Scouts.
Good night.
I don't wanna believe
this is possible.
Briscoe and Logan don't shout
fire where there's just smoke.
Gays have been on
the force for years.
Out of the closet.
But Newhouse wasn't.
And a police captain
wouldn't see this?
Tom O'Hara is a well-liked cop.
He's been decorated more
times than my living room.
He's not a mind reader.
I don't like going after
cops any more than you do.
And it's not the whole
force, it's one precinct.
And you wanna prove this
with a cop killer as a witness.
Get me anything
better than that.
It's worth discussing
with O'Hara.
What if I ask him to come over?
Don't make it a royal command.
I don't want a police riot.
See him on his own ground
and take Cragen with you.
Who knew the kid was gay?
(Stone) You have to acknowledge
there are a few
loose threads here.
Aren't there always?
I'm 22 years in. You
think I'm proud of this?
I had four cops suspended.
So you thought
something was wrong?
I think they were sloppy.
And you're convinced that's all?
Hey, this isn't nursery school.
A hundred and forty cops.
I'm sure at home, some of them
say, "nigger," "kike," and "fag."
It affects the
job, they're gone.
You want to talk to
the two sergeants, do it.
Don't destroy them for politics.
Thanks for your time. Don.
We didn't waste any
time. A cop was in trouble.
So you went directly
to the incident?
With all due speed.
Uh, Sgt. Harley,
Off. Newhouse was
gay. Did you know that?
I never heard that. He
didn't look like one of 'em.
What do you think
about gay cops?
Personally, I was taught that
God didn't approve
of that kind of thing.
It's in the Bible.
"Man shall not lie down with
man as he does with woman."
Does that mean they
shouldn't ride in squad cars?
Rick Newhouse wore
the same uniform I did.
I would've done anything
to protect a fellow officer.
We were at 65th Street.
We had to go 40 blocks.
The other car went 20 blocks in the
same amount of time, Sgt. Rhodes.
We went straight up Amsterdam.
They hit traffic, they
couldn't get around it.
I know an extra minute
could have made a difference.
Did you know that Off.
Newhouse was gay?
I didn't know he was
a homosexual, no.
But that wouldn't
affect how I did my duty.
Do you think that homosexuals
should be on the force?
Look, I know you're
under pressure.
These people have clout,
they helped Clinton get elected.
[sighs]
This is not about
votes, Sergeant.
I did my duty.
And I didn't know Off.
Newhouse was a homosexual.
Why admit they don't like gay
cops? Makes them look worse.
It's a good line. "We're not
perfect, but we're honest."
A man reads the Bible, it
doesn't make him guilty of murder.
They admit they're bigots
but say it doesn't affect them.
Newhouse's partner. McGraw.
Briscoe and Logan said he
knew something he wasn't saying.
All right. Ask him
to come in. Tonight.
I don't know what you want.
I wasn't on duty
when it happened.
I just stopped by
the Property Clerk.
I can't be gone this long.
If you have to leave...
I don't know
what I can tell you.
We think that your partner
got in trouble that night
because he was gay.
I want to be a cop.
I want to stay a cop.
Is there any reason
you wouldn't?
It was around the precinct.
"Manhood and police work.
"In Romans 13, the Bible
tells us we are ministers of God.
"We have a duty beyond
the rules of the force.
The homosexuals apply for
promotion when they don't belong here."
Who wrote this?
I don't know. I gotta go.
You have no idea who
wrote it? Where'd you get it?
It was on the floor.
I really gotta go.
Huh. "Ministers of God."
Unbelievable. But
this isn't motive.
Establishes intent
and state of mind.
(Adam) Yeah. Congratulations.
You have flour and water.
Get an oven, you can make bread.
What connects state
of mind to the crime?
Suppose we break somebody?
You have a responsibility.
This goes into the tank,
I wouldn't want to be a gay
cop the day after you lose.
Four cops. Who's
most likely to break?
The youngest? Weddeker?
Briscoe and Logan said he
was upset the night it happened.
Couldn't even talk.
We went as fast as we could.
Off. Weddeker, according
to the radio tapes,
you and Harley answered the
call first, you got there second.
Traffic was bad on Broadway.
Sgt. Harley's case report
says you were on West End.
I meant, I meant West End.
(Stone) You were parked
around the corner, Patrolman.
You waited until Rhodes
and Davis arrived.
(Stone) Harley is
your superior, right?
It wasn't your decision to wait.
[sighs]
Harley's my partner.
Cops take care of cops.
Nobody took care
of Rick Newhouse.
So don't tell me about
taking care of your partner.
You think you need a
lawyer, call the POBA, now.
Off. Weddeker, look at me.
Look at me.
You knew it was wrong.
It wasn't your decision.
You didn't wanna do it.
We make a deal,
you won't be
indicted for a felony.
Who wrote the memo?
Well, they just,
they just wanted to...
They just wanted to scare him.
They didn't think
he was gonna die.
Did Capt. O'Hara
write it himself?
No, I think...
I think he knew.
[sighs]
Rhodes.
Harley and Rhodes.
(bailiff) Next case.
"Docket number 6913.
"People of the State of New York
"v. James Davis, John
Harley, and Henry Rhodes.
Charge is murder in
the second degree."
Are your clients ready
to plead, Mr. Schell?
Your Honor, we ask
you to consider the merits
and dismiss the
indictments sua sponte.
(Fein) Merits? How
would you know?
I read the grand jury minutes.
You don't have 'em yet.
Now it's an indictment.
You don't like it, file a motion.
Murder, second degree.
How do the defendants plead?
Not guilty.
Not guilty.
Not guilty.
Consistency is the
hobgoblin of little courtrooms.
Let's talk bail.
Uh, again, Your Honor,
considering the merits...
Thank you. That's enough.
Paul?
The people request
$200,000 each defendant.
Granted. If the defense
wants to appeal bail,
submit it with
your other motion.
[gavel banging]
(Schell) I'm still in shock.
(Schiff) I'll call an ambulance.
I... I knew we were looking
at charges, but murder two?
You're prosecuting
bigotry, not murder.
Save the speech, Gordon.
Even you don't believe it.
Penal law, 125.25, Subsection 2.
"You have a depraved
indifference to human life,
"you engage in conduct
causing a risk of death,
you thereby caused the death."
Refresh your memory.
We call it murder two.
I call it counting the voters.
Only on my fingers.
That's all we'll need
with a case like this.
Every cop in this
city is against you.
(Stone) Not all of them.
Some officers are
as appalled as we are.
Now, wait. This
is gonna get ugly.
Let's clean it up before
it's too dirty to save.
Reckless endangerment
two, they keep their pensions.
Pensions. Funny, that's the last
thing that would've occurred to me.
(operator on tape) 10-85, 107
and Amsterdam, call from 31-18.
Possible drug sale in progress.
He's alone out there,
needs additional unit.
Two suspects, male, Hispanic.
[switching off player]
What is the meaning of "31-18"?
That's a foot patrolman
identifying himself.
31 is the precinct number
and 18 is the
foot-post assignment.
And who was 31-18?
Off. Richard Newhouse.
[switching on player]
[guns firing]
(Newhouse) Newhouse.
31-18. Make that a signal 10-13!
Shots fired! They're
firing from both sides!
Where are those two units?
(operator) 10-13,
10-13, shots fired.
107 and Amsterdam. Shots fired.
Officer alone. Officer alone.
31-18 to Central.
I'm pinned down! I can't move!
Where the hell is the backup?
[gun firing continues]
My God! Oh, my God, I'm hit!
I found the memo in my locker.
I wasn't surprised.
There'd been a lot of
talk about Newhouse.
What kind of talk,
Off. Weddeker?
Newhouse passed
the sergeant's exam.
Sgt. Harley said we didn't
need queer sergeants.
(Stone) And who wrote the memo?
The word around
the precinct was...
(Schell) Objection.
May we approach, Your Honor?
He wasn't there when
it was typed, Ben.
You know that. You shouldn't
have asked the question.
He knows because it
was common knowledge.
No. It's not direct
knowledge, Ben.
Don't turn this into a marathon.
Stay off the subject.
Objection sustained.
Uh, Off. Weddeker,
where were you and Sgt. Harley
when the call went out for help?
103rd and Amsterdam.
And did you go immediately
to help Off. Newhouse?
Sgt. Harley was driving.
He stopped half a block away.
Did he tell you why he stopped?
Objection. Calls for hearsay.
Res gestae,
Mr. Schell, a verbal act.
The witness will answer.
Sgt. Harley said Off.
Newhouse was a fairy.
Said if he was in trouble, he
could flap his wings and fly out.
Well, thank you.
No further questions.
So, um, so you wanted to do the
right thing, and Sgt. Harley didn't.
Uh, is that correct?
Yeah. We should've
helped him. He was a cop.
So what if he was gay?
Oh. Oh, I see.
You're the hero.
Uh, tell me, Off. Weddeker,
is your testimony
today part of a deal?
Did you plead to a
misdemeanor to avoid indictment?
That's not the reason.
Really?
Then why didn't you
leap out of the car
and rush over to protect
Off. Newhouse yourself?
[choking]
I went along with Sgt. Harley.
Oh.
Quite a hero.
No further questions.
No. Only your most
crucial evidence.
Half the precinct knows
who wrote that memo.
How can I prove it?
She could've let it in.
Judge Larkin? Her politics aren't
with you when the law is against you.
We have to connect
the memo to Rhodes.
What about the kid that
brought it in? The partner?
He says he didn't know.
Don't tell me you believe him.
I put him on the
stand, he'll lie.
He's scared of what the other cops
will think. Is that what he's scared of?
I can't do that. I don't
know who wrote it.
Three police officers.
Should they wear the
same badge you do?
Why did you want a transfer?
You think you know
what this is about?
You don't.
(Paul) I think we do.
It's because you're gay, too.
[sighs]
I can't do this.
Will you feel that way when you
cry for help and nobody comes?
My parents don't know.
This would be a hell of a
way for them to find out.
We need you as a witness.
You keep your secret,
and you can die
in an alley. Alone.
Like Newhouse.
We used to talk about our dates.
Our women, me and Newhouse.
We both knew.
Kept it up anyway.
You do anything to hide,
even when you don't have to.
I told Rhodes one
night I had a hot date.
Couple of hours
later, he's on the street.
I'm comin' out of D'Agostino's.
I went to get a
six-pack with a...
With a friend.
Rhodes asks, "What
happened to your hot date?"
And I said, "She stood me up."
I knew they were checking on me.
The next day I
had a new partner.
Newhouse.
Keep the queers together.
(Stone) Did anyone
else in the precinct
tell you that they knew
that you were gay?
Two weeks later
Captain O'Hara asked me
how I liked my new partner.
I said he was fine.
Captain says, "So, you're
taking the sergeant's exam, too.
I'll have two of you."
I knew what he meant.
I show you People's Exhibit 7.
Have you seen this before?
Sure. I gave it to you.
Ah, yes, but when and
where did you first see it?
About two weeks before
Off. Newhouse got shot.
I was at the copy machine.
Sgt. Rhodes was there.
After he finished,
I lifted the cover.
He left the original.
He wanted me to find it.
And after the shooting, I...
I put in for a transfer.
I didn't want to
end up dead, too.
Thank you. Your witness.
Did anybody in the 31st Precinct
ever harass you
because you were gay?
I just said they did.
Oh.
Did anybody scrawl
the word "queer"
or "fag" on your locker?
No.
Did anybody ever call you names?
No.
Thank you. No further questions.
The jury can't ignore
it. It's cause and effect.
You say it's cause.
Maybe they don't see effect.
They're changing strategy.
You listening at keyholes?
New witness list.
[sighs]
They're putting on a shrink?
They're gonna justify it.
Yep. The last
defense of the guilty.
"We did it, but it's all right."
Schell said it was
gonna get ugly,
but I never dreamed that
this was what he meant.
The fear of
homosexuals is common.
Well, why is that, Dr. Ross?
In our culture, defining
masculinity is complicated.
What is it that makes a man?
Well, how does that
relate to homosexuals?
Men are oftentimes afraid of
gays making sexual overtures.
Men make passes,
women receive them.
Somebody makes a pass
at you, you feel like a woman.
Which, to most men, means weak.
Well, how are
heterosexual men affected?
A fear of seduction by
another man makes them angry.
Oftentimes, this anger
can turn into hatred.
Would you call that normal?
I'd call it common.
So these feelings are
not voluntary or reckless?
Yes, that's right.
Recklessness implies
its opposite: control.
You can't control
these feelings.
Thank you, Doctor. Your witness.
Dr. Ross, are you saying
that it is acceptable
to hate homosexuals?
I'm saying that men
who have these feelings
have difficulty
controlling them.
But you are suggesting
that these officers of the law
let a man die out of anger.
And you're making it sound okay.
I would never say that.
Hatred of homosexuals
is unfortunate,
not to mention pathological,
and, like any pathology,
it's not voluntary.
Thank you. No further questions.
It's a fact of life.
It's not just in the
police department.
Did any of the defendants
express concern
about homosexual
officers in the precinct?
I don't recall
anything specific.
I hear derogatory remarks.
I hear men talk about dealing with a
wounded officer who may have AIDS.
But my men know the
results of harassment:
you are off the force.
Now these defendants, you know
them. You know them very well.
A witness has testified that
they deliberately delayed
helping another officer
because he was gay.
Now, do you believe that?
No, I don't.
Thank you, Captain.
No further questions.
Capt. O'Hara,
uh, it was you that
assigned Craig McGraw
to be Rick Newhouse's partner?
Yes, I did.
And the fact that both of them
were gay is just a coincidence?
Yes, it was.
So you are disputing not
only Off. Weddeker's testimony,
you also are disputing
Craig McGraw's as well.
Two witnesses are lying.
I didn't say that.
They saw what
they wanted to see.
So they only perceived
hostility toward gay cops.
Intolerance isn't
murder, Mr. Stone.
My men may have made mistakes,
but I don't think they intended
for Off. Newhouse to get killed.
But isn't it true, Capt. O'Hara,
that Off. Newhouse, three
months before he was shot,
had a perfect service record?
A good record isn't everything.
Officers have to believe
that you're part of the team.
Uh, we've heard
that, Capt. O'Hara.
You've already testified
that your men are worried
that they can't trust
a gay cop to be there
when a cop needs help.
But in this case, it was the
straight cops who didn't show up.
Who should be worrying?
Objection.
Withdrawn. No more questions.
(Schell) The prosecution
tells a simple story.
Three good cops with good
records let another cop die.
Do you really believe that?
Witnesses have told you that
these men have malice in their hearts.
And yet their own captain,
an exemplary officer,
tells you they did not.
You must decide.
Did these men act recklessly
or unconsciously,
unaware of what they were doing?
What the prosecution
demands is unjust.
To find these men guilty
for upholding the very
values of the society
that they've sworn to protect.
Ladies and gentlemen,
in your deliberations
please ask yourselves
are their values really so
different from your own?
So let's suppose that it's true,
what Defense
Attorney Schell implies:
that each of you, all of you,
sympathize with the defendants,
trapped as they
are in their fears.
That, in fact, more people hate
homosexuals than are willing to admit.
Now, I venture to say
that in your family histories
someone, somewhere
hates you, or your relatives
for no other reason than
that they are black or white,
Slovak instead of Czech,
Protestant instead of Catholic,
left-wing, not right.
And are you going to let
officers of the law decide
which of you they'll help
based on who and what you are?
If so, then don't dial 911.
Even if you think
you're one of them.
Because you may end up
being Off. Newhouse.
These defendants let a man die.
And for all of us, you
must hold them responsible.
Will the defendants please rise?
Has the jury reached a verdict?
We have, Your Honor.
On the charge of murder
in the second degree
for the defendant, James Davis,
how did the jury find?
Not guilty.
For the defendant John
Harley, how does the jury find?
(foreman) Not guilty.
For the defendant Henry
Rhodes, how does the jury find?
We find the
defendant not guilty.
[exclaiming]
[people chattering]
[knocking on door]
Come in.
(Stone) Hi, Adam.
What are you doin'?
Replaying the ninth inning.
I should've
crucified that shrink.
No. They didn't want to convict.
He gave 'em an excuse.
Maybe it was the
wrong summation.
You did your best. Did it right.
You lost.
They used to ask, "How can a man
put a sheet on his head
and lynch somebody?"
Usually he can't, by himself.
But when there's
more than one...
Four cops let him die.
And twelve
citizens did it again.
And they voted
their indifference.
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.
[people chattering]
(operator) 645 West Fourth.
10-4, this is Central
verifying 10-31,
507 East 45.
Burglary in progress, rear-door
warehouse, two white males.
Two officers on the scene.
Suspicious vehicle, occupied,
three males, green Chevrolet,
55 and Second Avenue...
repeat 10-85, call from
31-18, requesting backup.
Two male suspects,
Hispanic, 107 and Amsterdam.
Possible drug sale in progress.
10-85, 107 and
Amsterdam, call from 31-18.
Possible drug sale in progress.
He's alone out there,
needs additional unit.
Two suspects, male, Hispanic.
(Harley) 31-Charlie to Central.
Responding to 10-85.
We're on the way.
(Rhodes) This is 31-5 to
Central. 10-85, we are en route.
Central to 31-18.
Two units en route. Confirm.
(Newhouse) 31-18 to Central.
Confirm. Awaiting backup.
I'm short three for Wednesday.
You're short one more.
It's my night with the kids.
Well, then, hire a baby-sitter.
And don't forget to
pay the social security.
Mac, please.
Gardner's got the flu,
Kelley's wife is in the hospital.
You're gonna have to do it.
I've been on my hind
legs for two weeks.
I got vacation
days I haven't used.
What?
(operator) 31-18, 10-5, 10-5.
For God's sake. What is it?
31-18's alone, he's
still waiting for backup.
(Newhouse) Central, this is
31-18, 10-85, waiting for backup.
Did you say two
units were on the way?
31-Frank, what's your location?
31-18 waiting for backup.
(Rhodes) Central,
this is 31-Frank.
We're at 107 Amsterdam.
We can't find this drug
sale. There's nobody here.
Central to 31-Frank.
Wrong location.
Repeat, wrong location.
107 and Amsterdam. Confirm.
Central to 31-Frank. Repeat,
confirm wrong location.
He's alone. Get some speed up.
(Rhodes) 31-Frank
confirming wrong location.
En route. 107 and Amsterdam.
[guns firing] Newhouse.
31-18. Make that a signal 10-13!
Shots fired! They're
firing from both sides!
Where are those two units?
10-13, 10-13, shots fired.
107 and Amsterdam. Shots fired.
Officer alone. Officer alone.
31-18 to Central. I'm
pinned down! I can't move!
[guns continue firing]
Where the hell is the backup?
Oh, my God, I'm hit!
(operator) Newhouse,
give me a report.
Newhouse! 31-18, Are you okay?
31-18, respond!
(Cragen) On the
force three years.
Fired at from both sides.
My favorite nightmare.
Out here alone,
he might as well have had a
bull's-eye painted on his chest.
You find out where
his partner was?
Yeah. Night class at John Jay.
Sergeant's exam.
Newhouse started his
foot patrol without him.
Seven shells, .22. The
dead dealer's got a .38.
Fiber, hair, buttons, anything?
Not yet. I already told the
wife, don't hold breakfast.
Out here, with all
these buildings,
you might find a witness
who saw the other guy.
And maybe the Second
Coming is tomorrow afternoon.
Plastics. We may get prints.
Forensics, tonight.
We'll have somebody
there in an hour.
I'm gonna have to
deal with the press.
[sighs]
You got here after he went down?
Dispatch screwed up.
We got the location wrong.
What's with him?
Weddeker? On the
force six months,
his first killing, it's a cop.
Hey, patrolman, you okay?
POBA's got a reward. $50,000.
We'll do the fliers tonight.
Thanks, we need
your help, we'll call.
[sighs]
You hear about it, but
you never think it's...
All right. All right. Weddeker,
go home, get some sleep.
All right? Go.
You remember foot patrol?
Yeah. What I remember most
is I never thought I'd get shot.
[car horn honking]
Call at midnight... You
know it's not a wrong number.
He was a good cop.
Yeah. Well, we got
no witnesses yet.
We get an ID on the dead dealer,
maybe it leads us to his pal.
This precinct hasn't
lost a guy in nine years.
Now, I know he
crossed into your turf.
The precinct line is
just across the street
and my guys don't
want to be left out.
You use them,
maybe it goes faster.
Let's hope faster
than they drive.
What?
Your guys were late.
My cop is dead. I don't
need this from you, Detective.
I had to call that kid's
mother in Wisconsin.
Fellows, why don't we see if
Forensics has anything, all right?
You can't talk to
O'Hara like that.
Why not?
Because he also wears blue,
he's a captain and you're not,
and he made the call
to the kid's mother.
They got prints off the baggie.
They're runnin' 'em now.
Lot of guys knockin'
on doors tonight.
No need for you to be there.
Just get to Forensics
early in the morning.
Let's go.
Three slugs in Off.
Newhouse... at Ballistics.
A print from your stiff,
Romeo Romejas, 28.
Latent identified our
lifts from the baggie.
Full thumb, full
index. Lucho Martinez.
Lucho Martinez.
Assault, no conviction.
Possession, intent
to sell, no conviction.
Robbery attempt, no conviction.
Lucky guy.
Not today. Let's
go get a mug shot.
O'Hara didn't even
show up at the scene.
Well, it was late,
they couldn't find him.
I happen to know he was
at a VFA dinner in Brooklyn,
waxing lyrical on
community policing.
He didn't want to leave his peach
cobbler to see Newhouse's body.
Hey, what's this about?
It ain't about Newhouse,
you didn't even know him.
You tell me. What's it about?
Maybe it's about your
two partners who got shot.
Well, just keep sittin' there and
tell me it hasn't occurred to you.
Comin' down the street.
Opposite side. I'm in front.
[bus brakes squealing]
Freeze!
Give us a chance.
We'd love to try.
Get 'em up! Now!
You're under arrest. You
have the right to remain silent,
and if you move funny,
I'll blow your head off.
I want my lawyer.
Good. Don't say another word.
I want my lawyer.
You killed a cop, you
dumb son of a bitch!
I didn't do it.
Put a fist in it, Lucho.
Your lawyer's not God,
you don't walk on this one.
Jerry!
Whatever he said,
you can't use it.
He's got a problem with sentences
that have more than four words.
You could have a
Miranda problem.
(Briscoe) Wrong, Counselor.
And we got his prints on a
bag of crack at the scene.
Prints, huh? You know
how I usually handle that?
He bought a sandwich,
threw the bag away,
and then somebody
filled it with crack.
Let's talk to the DA.
[Briscoe sighs]
You're runnin' on empty, Paul.
The fingerprints
are a coincidence?
On a plastic bag, yes.
You don't have them on a gun.
Well, we're gonna arraign
him and wait five days.
Fine.
But I promise you,
if he gets into a
knife fight at Riker's,
if he should get his throat cut,
if he should trip
and break his neck,
I will drown you.
[mumbling] Yeah.
Five days. From
here to eternity.
Maybe a little closer.
Call to 911. Somebody
heard the shots.
Maybe they saw a face.
Yes! No.
First you have to find him.
He didn't leave a name.
(man) They're shooting,
right... right below my window.
There's a cop down there.
(operator) Where are
you calling from, sir?
107th and Amsterdam.
That's right, by the dry-cleaner.
Yeah. You better send
someone quick, okay?
What's your name, sir?
What's your name, sir?
[phone disconnecting]
Again.
You heard it six times already.
I want to know his voice.
We get a Coles Directory,
we hit every apartment
in the neighborhood.
At 2:00 in the morning?
If they were shooting,
you would've heard them.
No. All my neighbors,
they didn't hear nothin'.
I got a pineapple
cake in the oven.
If you didn't hear anything, how come
you were talking to your neighbors?
No, I saw it in the paper, man.
Hey, I love the police, man.
You guys make us feel safe.
No, I was at the
hospital seeing my wife.
But nobody heard a thing.
Nobody? I guess you
talked to everybody
in the building, huh?
I was at the
hospital, Saint Agnes.
You wanna call my wife?
(man) I haven't been
out of the apartment.
I've seen no papers.
I didn't know that
somebody was shot.
(Briscoe) Mr. Nazarrio,
everybody in the building
knows a cop was shot.
Hey, you called 911, didn't you?
I didn't make no calls.
No, mister, please.
I know your voice.
There's a policeman dead.
Now we're trying to
find anybody who...
It wasn't me, no.
Come here. Come
here. Somebody...
You want me to
read you your rights?
You know what that means?
It means you're under arrest.
Look, I, I seen the cop.
They was shooting at him.
One of them got shot,
the other guy ran to the car
and he just drove real fast.
What kind of car?
One of those, you know,
uh... Cost a lot of money...
You know, sports car. Corvette.
Would you recognize
the man who ran away?
Maybe. Uh, If I see
him again, uh, maybe.
Nobody's gonna kill you.
His friends kill me.
In San Juan they do.
Just look at the
faces, Mr. Nazarrio.
He's number 4.
He ran to the car.
Thank you. We'll call
you if we need you.
Felony murder,
25-to-life. Drugs, 5-to-15.
He didn't kill the
cop. He had a .22.
The cop was hit with a .38.
Save the cost of a trial.
He pleads murder two.
Forget the drugs.
He does the 25.
(Lucho) I didn't shoot him.
Romero hit him in the leg.
He was like an animal, man.
He ran down,
shot him again.
He thought the cop was dead.
Romero turned around to go,
cop shot him.
I got the hell out.
I was lucky.
Two cops around the
block sittin' there in a car.
[people chattering]
He said he saw two cops
in a squad car a block away.
A coked-up dealer.
That's very reliable.
Yeah. So he saw a
blue-and-white Jersey cab.
Look, you're not gonna convince
me they hung Newhouse out to dry.
What? All cops are choirboys?
I wanna see O'Hara.
Uh, look, anything you have
to say to him, you say to me.
Thanks. I appreciate
the confidence.
Up until three months ago, Rick
Newhouse had a perfect service record.
Where did you get
his service record?
A leprechaun brought it.
Three months ago, out of
nowhere, bad performance reports.
From perfect cop to
screw-up, overnight.
He also quit the
precinct boxing team.
(Briscoe) What are
we lookin' at here?
Why didn't he get backup?
Maybe the 31's dirty,
and maybe Newhouse was
going someplace with a broom.
It's a hell of a way to
end a family squabble.
(O'Hara) Not in my precinct.
The only thing's
dirty are the windows.
Tom, was Newhouse in trouble?
He was clean. He just had
some kind of personal problem.
Must've been serious to
affect his service record.
No big deal. He missed a couple
of shifts. What's the problem, here?
Two patrol cars never
made it to a cop under fire.
Is this about chewin' ass?
'Cause I don't need some
detective in a striped suit
telling me how to run my
precinct. I already chewed ass.
Rhodes, Davis, Harley,
Weddeker, suspended.
Three weeks from downtown
because I demanded it.
That settle it for you?
The other dealer who was there
saw a unit parked with
two cops a block away.
Don, if I'm hearing
what I think I'm hearing,
take him out before
he hurts himself.
I don't need an escort.
[phone ringing]
(Briscoe) Great
performance, pal.
Next time you wanna
get bones broken,
try falling down
a flight of stairs.
Next time I want advice,
I'll write Dear Abby.
Listen, I got a
question for you.
When Greevey
and Cerreta got shot,
was it your first thought
to ask for a transfer
to another precinct?
See, while you were setting O'Hara
on fire, I was lookin' at his desk.
Newhouse's partner, McGraw,
put in a request for transfer.
Your partner dies, you
want to be with strangers?
[police siren blaring]
McGraw? Craig McGraw?
You're Briscoe. Logan.
You guys caught that
dealer fast. Thanks.
Your partner, he had a good
record. He was a smart cop.
We were wonderin'
how he ever got involved
in an incident like that.
Just bad luck, I guess.
(Briscoe) Very bad.
Maybe he was
distracted that night.
Had something else on his mind.
I wasn't there, I wouldn't know.
You put in for a transfer?
A change of scene may
make it easier to deal with.
I got a busy day, you guys.
Hey, McGraw...
31 is a good precinct.
Did I say it wasn't?
Thanks for comin' by.
If he tap-danced any
faster, he'd win a prize.
What do we know about Newhouse?
Want to take a walk
through his apartment?
(Logan) Mom and dad.
You talk about wholesome.
Donahue does a show on cops
killed in action, he's gonna invite them.
Intellectual. The New Republic.
Lennie.
You ever heard of a
bar called The Wave?
79th and Columbus.
It's a gay bar.
"Lambda Legal Defense Fund,
serving rights for gay people everywhere."
His backup was
slow for a reason.
We're gonna need
some transcripts.
The radio tapes
from the shooting.
You did what?
You worried about the time,
we'll dock ourselves a day.
I'm worried about
you losin' your house
and eatin' macaroni
the next 20 years.
I lost two houses already
and I like macaroni.
Lennie, read him the transcript.
Newhouse calls for backup.
Two units respond.
Dispatch is busy a while.
Newhouse calls again.
No backup.
They're on their way.
(Briscoe) Sure they are.
31-Frank got the location wrong.
He didn't go to 107
and Amsterdam.
He thought it was an
address, number 107.
Oh, come on. I could've
heard that wrong.
The dispatcher called twice to
find out where the backup was.
Two tries to get an answer.
107 Amsterdam is at 65th Street,
40 blocks from Newhouse.
The first car got to Newhouse
the same time as the second car.
The second car started at
88th Street, 20 blocks closer.
Twenty blocks difference,
they get there the same time?
Donny, they left
him out there to die.
Did Oswald kill Kennedy?
If he didn't, it's the greatest
conspiracy in history
and nobody said a word.
One hundred and forty officers
in that precinct. Nobody knew?
You stick your head
out, it gets cut off.
You gonna risk
that for a gay cop?
All right. I'll call
Internal Affairs.
They'll run into a wall so big,
a jackhammer
won't get through it.
[sighs]
We know some guys in the 31. We
could, you know, sort of, accidentally
run into 'em one of these days.
I can't believe I'm doing this.
One more penny
drops, we go to IA.
You walk around thinking,
"There, but for the grace of God..."
Hey, you think like that,
you hang up your badge.
Those guys on backup
must have a hard time
gettin' up in the morning, huh?
Well, you didn't make it
easier, bitching to O'Hara.
Hey, a cop dies, you get upset.
Newhouse was nobody's
favorite anyway, right?
I heard he was gay.
Is that right? Newhouse?
I never heard that.
Hi, Ted. Logan, Briscoe.
You guys are a little
out of your neighborhood.
What's the matter, you lonely?
Hey, guys, look
who's drinking with us.
The 27.
Congratulations. You
caught a cop killer.
Thanks. Too bad
about your suspension.
I wish we'd been there on time.
We take a mark on our
record. It's... it's okay.
Guess you weren't in a hurry
to make a good collar, huh?
What?
(Davis) Hey, hey! Jack,
come on. Come on.
(Jack) I gotta hear
what he's saying.
(Rhodes) Let's go.
Gotta take my kid
to the Cub Scouts.
Good night.
I don't wanna believe
this is possible.
Briscoe and Logan don't shout
fire where there's just smoke.
Gays have been on
the force for years.
Out of the closet.
But Newhouse wasn't.
And a police captain
wouldn't see this?
Tom O'Hara is a well-liked cop.
He's been decorated more
times than my living room.
He's not a mind reader.
I don't like going after
cops any more than you do.
And it's not the whole
force, it's one precinct.
And you wanna prove this
with a cop killer as a witness.
Get me anything
better than that.
It's worth discussing
with O'Hara.
What if I ask him to come over?
Don't make it a royal command.
I don't want a police riot.
See him on his own ground
and take Cragen with you.
Who knew the kid was gay?
(Stone) You have to acknowledge
there are a few
loose threads here.
Aren't there always?
I'm 22 years in. You
think I'm proud of this?
I had four cops suspended.
So you thought
something was wrong?
I think they were sloppy.
And you're convinced that's all?
Hey, this isn't nursery school.
A hundred and forty cops.
I'm sure at home, some of them
say, "nigger," "kike," and "fag."
It affects the
job, they're gone.
You want to talk to
the two sergeants, do it.
Don't destroy them for politics.
Thanks for your time. Don.
We didn't waste any
time. A cop was in trouble.
So you went directly
to the incident?
With all due speed.
Uh, Sgt. Harley,
Off. Newhouse was
gay. Did you know that?
I never heard that. He
didn't look like one of 'em.
What do you think
about gay cops?
Personally, I was taught that
God didn't approve
of that kind of thing.
It's in the Bible.
"Man shall not lie down with
man as he does with woman."
Does that mean they
shouldn't ride in squad cars?
Rick Newhouse wore
the same uniform I did.
I would've done anything
to protect a fellow officer.
We were at 65th Street.
We had to go 40 blocks.
The other car went 20 blocks in the
same amount of time, Sgt. Rhodes.
We went straight up Amsterdam.
They hit traffic, they
couldn't get around it.
I know an extra minute
could have made a difference.
Did you know that Off.
Newhouse was gay?
I didn't know he was
a homosexual, no.
But that wouldn't
affect how I did my duty.
Do you think that homosexuals
should be on the force?
Look, I know you're
under pressure.
These people have clout,
they helped Clinton get elected.
[sighs]
This is not about
votes, Sergeant.
I did my duty.
And I didn't know Off.
Newhouse was a homosexual.
Why admit they don't like gay
cops? Makes them look worse.
It's a good line. "We're not
perfect, but we're honest."
A man reads the Bible, it
doesn't make him guilty of murder.
They admit they're bigots
but say it doesn't affect them.
Newhouse's partner. McGraw.
Briscoe and Logan said he
knew something he wasn't saying.
All right. Ask him
to come in. Tonight.
I don't know what you want.
I wasn't on duty
when it happened.
I just stopped by
the Property Clerk.
I can't be gone this long.
If you have to leave...
I don't know
what I can tell you.
We think that your partner
got in trouble that night
because he was gay.
I want to be a cop.
I want to stay a cop.
Is there any reason
you wouldn't?
It was around the precinct.
"Manhood and police work.
"In Romans 13, the Bible
tells us we are ministers of God.
"We have a duty beyond
the rules of the force.
The homosexuals apply for
promotion when they don't belong here."
Who wrote this?
I don't know. I gotta go.
You have no idea who
wrote it? Where'd you get it?
It was on the floor.
I really gotta go.
Huh. "Ministers of God."
Unbelievable. But
this isn't motive.
Establishes intent
and state of mind.
(Adam) Yeah. Congratulations.
You have flour and water.
Get an oven, you can make bread.
What connects state
of mind to the crime?
Suppose we break somebody?
You have a responsibility.
This goes into the tank,
I wouldn't want to be a gay
cop the day after you lose.
Four cops. Who's
most likely to break?
The youngest? Weddeker?
Briscoe and Logan said he
was upset the night it happened.
Couldn't even talk.
We went as fast as we could.
Off. Weddeker, according
to the radio tapes,
you and Harley answered the
call first, you got there second.
Traffic was bad on Broadway.
Sgt. Harley's case report
says you were on West End.
I meant, I meant West End.
(Stone) You were parked
around the corner, Patrolman.
You waited until Rhodes
and Davis arrived.
(Stone) Harley is
your superior, right?
It wasn't your decision to wait.
[sighs]
Harley's my partner.
Cops take care of cops.
Nobody took care
of Rick Newhouse.
So don't tell me about
taking care of your partner.
You think you need a
lawyer, call the POBA, now.
Off. Weddeker, look at me.
Look at me.
You knew it was wrong.
It wasn't your decision.
You didn't wanna do it.
We make a deal,
you won't be
indicted for a felony.
Who wrote the memo?
Well, they just,
they just wanted to...
They just wanted to scare him.
They didn't think
he was gonna die.
Did Capt. O'Hara
write it himself?
No, I think...
I think he knew.
[sighs]
Rhodes.
Harley and Rhodes.
(bailiff) Next case.
"Docket number 6913.
"People of the State of New York
"v. James Davis, John
Harley, and Henry Rhodes.
Charge is murder in
the second degree."
Are your clients ready
to plead, Mr. Schell?
Your Honor, we ask
you to consider the merits
and dismiss the
indictments sua sponte.
(Fein) Merits? How
would you know?
I read the grand jury minutes.
You don't have 'em yet.
Now it's an indictment.
You don't like it, file a motion.
Murder, second degree.
How do the defendants plead?
Not guilty.
Not guilty.
Not guilty.
Consistency is the
hobgoblin of little courtrooms.
Let's talk bail.
Uh, again, Your Honor,
considering the merits...
Thank you. That's enough.
Paul?
The people request
$200,000 each defendant.
Granted. If the defense
wants to appeal bail,
submit it with
your other motion.
[gavel banging]
(Schell) I'm still in shock.
(Schiff) I'll call an ambulance.
I... I knew we were looking
at charges, but murder two?
You're prosecuting
bigotry, not murder.
Save the speech, Gordon.
Even you don't believe it.
Penal law, 125.25, Subsection 2.
"You have a depraved
indifference to human life,
"you engage in conduct
causing a risk of death,
you thereby caused the death."
Refresh your memory.
We call it murder two.
I call it counting the voters.
Only on my fingers.
That's all we'll need
with a case like this.
Every cop in this
city is against you.
(Stone) Not all of them.
Some officers are
as appalled as we are.
Now, wait. This
is gonna get ugly.
Let's clean it up before
it's too dirty to save.
Reckless endangerment
two, they keep their pensions.
Pensions. Funny, that's the last
thing that would've occurred to me.
(operator on tape) 10-85, 107
and Amsterdam, call from 31-18.
Possible drug sale in progress.
He's alone out there,
needs additional unit.
Two suspects, male, Hispanic.
[switching off player]
What is the meaning of "31-18"?
That's a foot patrolman
identifying himself.
31 is the precinct number
and 18 is the
foot-post assignment.
And who was 31-18?
Off. Richard Newhouse.
[switching on player]
[guns firing]
(Newhouse) Newhouse.
31-18. Make that a signal 10-13!
Shots fired! They're
firing from both sides!
Where are those two units?
(operator) 10-13,
10-13, shots fired.
107 and Amsterdam. Shots fired.
Officer alone. Officer alone.
31-18 to Central.
I'm pinned down! I can't move!
Where the hell is the backup?
[gun firing continues]
My God! Oh, my God, I'm hit!
I found the memo in my locker.
I wasn't surprised.
There'd been a lot of
talk about Newhouse.
What kind of talk,
Off. Weddeker?
Newhouse passed
the sergeant's exam.
Sgt. Harley said we didn't
need queer sergeants.
(Stone) And who wrote the memo?
The word around
the precinct was...
(Schell) Objection.
May we approach, Your Honor?
He wasn't there when
it was typed, Ben.
You know that. You shouldn't
have asked the question.
He knows because it
was common knowledge.
No. It's not direct
knowledge, Ben.
Don't turn this into a marathon.
Stay off the subject.
Objection sustained.
Uh, Off. Weddeker,
where were you and Sgt. Harley
when the call went out for help?
103rd and Amsterdam.
And did you go immediately
to help Off. Newhouse?
Sgt. Harley was driving.
He stopped half a block away.
Did he tell you why he stopped?
Objection. Calls for hearsay.
Res gestae,
Mr. Schell, a verbal act.
The witness will answer.
Sgt. Harley said Off.
Newhouse was a fairy.
Said if he was in trouble, he
could flap his wings and fly out.
Well, thank you.
No further questions.
So, um, so you wanted to do the
right thing, and Sgt. Harley didn't.
Uh, is that correct?
Yeah. We should've
helped him. He was a cop.
So what if he was gay?
Oh. Oh, I see.
You're the hero.
Uh, tell me, Off. Weddeker,
is your testimony
today part of a deal?
Did you plead to a
misdemeanor to avoid indictment?
That's not the reason.
Really?
Then why didn't you
leap out of the car
and rush over to protect
Off. Newhouse yourself?
[choking]
I went along with Sgt. Harley.
Oh.
Quite a hero.
No further questions.
No. Only your most
crucial evidence.
Half the precinct knows
who wrote that memo.
How can I prove it?
She could've let it in.
Judge Larkin? Her politics aren't
with you when the law is against you.
We have to connect
the memo to Rhodes.
What about the kid that
brought it in? The partner?
He says he didn't know.
Don't tell me you believe him.
I put him on the
stand, he'll lie.
He's scared of what the other cops
will think. Is that what he's scared of?
I can't do that. I don't
know who wrote it.
Three police officers.
Should they wear the
same badge you do?
Why did you want a transfer?
You think you know
what this is about?
You don't.
(Paul) I think we do.
It's because you're gay, too.
[sighs]
I can't do this.
Will you feel that way when you
cry for help and nobody comes?
My parents don't know.
This would be a hell of a
way for them to find out.
We need you as a witness.
You keep your secret,
and you can die
in an alley. Alone.
Like Newhouse.
We used to talk about our dates.
Our women, me and Newhouse.
We both knew.
Kept it up anyway.
You do anything to hide,
even when you don't have to.
I told Rhodes one
night I had a hot date.
Couple of hours
later, he's on the street.
I'm comin' out of D'Agostino's.
I went to get a
six-pack with a...
With a friend.
Rhodes asks, "What
happened to your hot date?"
And I said, "She stood me up."
I knew they were checking on me.
The next day I
had a new partner.
Newhouse.
Keep the queers together.
(Stone) Did anyone
else in the precinct
tell you that they knew
that you were gay?
Two weeks later
Captain O'Hara asked me
how I liked my new partner.
I said he was fine.
Captain says, "So, you're
taking the sergeant's exam, too.
I'll have two of you."
I knew what he meant.
I show you People's Exhibit 7.
Have you seen this before?
Sure. I gave it to you.
Ah, yes, but when and
where did you first see it?
About two weeks before
Off. Newhouse got shot.
I was at the copy machine.
Sgt. Rhodes was there.
After he finished,
I lifted the cover.
He left the original.
He wanted me to find it.
And after the shooting, I...
I put in for a transfer.
I didn't want to
end up dead, too.
Thank you. Your witness.
Did anybody in the 31st Precinct
ever harass you
because you were gay?
I just said they did.
Oh.
Did anybody scrawl
the word "queer"
or "fag" on your locker?
No.
Did anybody ever call you names?
No.
Thank you. No further questions.
The jury can't ignore
it. It's cause and effect.
You say it's cause.
Maybe they don't see effect.
They're changing strategy.
You listening at keyholes?
New witness list.
[sighs]
They're putting on a shrink?
They're gonna justify it.
Yep. The last
defense of the guilty.
"We did it, but it's all right."
Schell said it was
gonna get ugly,
but I never dreamed that
this was what he meant.
The fear of
homosexuals is common.
Well, why is that, Dr. Ross?
In our culture, defining
masculinity is complicated.
What is it that makes a man?
Well, how does that
relate to homosexuals?
Men are oftentimes afraid of
gays making sexual overtures.
Men make passes,
women receive them.
Somebody makes a pass
at you, you feel like a woman.
Which, to most men, means weak.
Well, how are
heterosexual men affected?
A fear of seduction by
another man makes them angry.
Oftentimes, this anger
can turn into hatred.
Would you call that normal?
I'd call it common.
So these feelings are
not voluntary or reckless?
Yes, that's right.
Recklessness implies
its opposite: control.
You can't control
these feelings.
Thank you, Doctor. Your witness.
Dr. Ross, are you saying
that it is acceptable
to hate homosexuals?
I'm saying that men
who have these feelings
have difficulty
controlling them.
But you are suggesting
that these officers of the law
let a man die out of anger.
And you're making it sound okay.
I would never say that.
Hatred of homosexuals
is unfortunate,
not to mention pathological,
and, like any pathology,
it's not voluntary.
Thank you. No further questions.
It's a fact of life.
It's not just in the
police department.
Did any of the defendants
express concern
about homosexual
officers in the precinct?
I don't recall
anything specific.
I hear derogatory remarks.
I hear men talk about dealing with a
wounded officer who may have AIDS.
But my men know the
results of harassment:
you are off the force.
Now these defendants, you know
them. You know them very well.
A witness has testified that
they deliberately delayed
helping another officer
because he was gay.
Now, do you believe that?
No, I don't.
Thank you, Captain.
No further questions.
Capt. O'Hara,
uh, it was you that
assigned Craig McGraw
to be Rick Newhouse's partner?
Yes, I did.
And the fact that both of them
were gay is just a coincidence?
Yes, it was.
So you are disputing not
only Off. Weddeker's testimony,
you also are disputing
Craig McGraw's as well.
Two witnesses are lying.
I didn't say that.
They saw what
they wanted to see.
So they only perceived
hostility toward gay cops.
Intolerance isn't
murder, Mr. Stone.
My men may have made mistakes,
but I don't think they intended
for Off. Newhouse to get killed.
But isn't it true, Capt. O'Hara,
that Off. Newhouse, three
months before he was shot,
had a perfect service record?
A good record isn't everything.
Officers have to believe
that you're part of the team.
Uh, we've heard
that, Capt. O'Hara.
You've already testified
that your men are worried
that they can't trust
a gay cop to be there
when a cop needs help.
But in this case, it was the
straight cops who didn't show up.
Who should be worrying?
Objection.
Withdrawn. No more questions.
(Schell) The prosecution
tells a simple story.
Three good cops with good
records let another cop die.
Do you really believe that?
Witnesses have told you that
these men have malice in their hearts.
And yet their own captain,
an exemplary officer,
tells you they did not.
You must decide.
Did these men act recklessly
or unconsciously,
unaware of what they were doing?
What the prosecution
demands is unjust.
To find these men guilty
for upholding the very
values of the society
that they've sworn to protect.
Ladies and gentlemen,
in your deliberations
please ask yourselves
are their values really so
different from your own?
So let's suppose that it's true,
what Defense
Attorney Schell implies:
that each of you, all of you,
sympathize with the defendants,
trapped as they
are in their fears.
That, in fact, more people hate
homosexuals than are willing to admit.
Now, I venture to say
that in your family histories
someone, somewhere
hates you, or your relatives
for no other reason than
that they are black or white,
Slovak instead of Czech,
Protestant instead of Catholic,
left-wing, not right.
And are you going to let
officers of the law decide
which of you they'll help
based on who and what you are?
If so, then don't dial 911.
Even if you think
you're one of them.
Because you may end up
being Off. Newhouse.
These defendants let a man die.
And for all of us, you
must hold them responsible.
Will the defendants please rise?
Has the jury reached a verdict?
We have, Your Honor.
On the charge of murder
in the second degree
for the defendant, James Davis,
how did the jury find?
Not guilty.
For the defendant John
Harley, how does the jury find?
(foreman) Not guilty.
For the defendant Henry
Rhodes, how does the jury find?
We find the
defendant not guilty.
[exclaiming]
[people chattering]
[knocking on door]
Come in.
(Stone) Hi, Adam.
What are you doin'?
Replaying the ninth inning.
I should've
crucified that shrink.
No. They didn't want to convict.
He gave 'em an excuse.
Maybe it was the
wrong summation.
You did your best. Did it right.
You lost.
They used to ask, "How can a man
put a sheet on his head
and lynch somebody?"
Usually he can't, by himself.
But when there's
more than one...
Four cops let him die.
And twelve
citizens did it again.
And they voted
their indifference.