Law & Order (1990–2010): Season 5, Episode 10 - House Counsel - full transcript

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.

Where did you find that trey,
in your Christmas stocking?

If I'm not mistaken, I hit
four tonight out of seven.

Would've been perfect if you'd
have kept your hands out of my face.

Hey, I didn't hear
any whistles blowing.

Yeah, well, the ref's too busy
watching girls' volleyball now.

You wanna get a pizza?



Oh, two overtimes?
My wife's gonna kill me.

I better let her
know I'm alive, huh?

Next week. Yeah.

Dear? Hi.

Yeah. Yeah. Yeah,
I know, I know.

Well, what do you feel like?

(GUN FIRING) Pizza's good.

What? Nothing. No.

Hey, look, I'll take a
taxicab home, okay?

Yeah. Bye.

MAN: Someone has
been shot. Call 911.

That's right, Dave Lempert.
L-E-M-P-E-R-T, I think.

(SIRENS WAILING) Are you
sure you didn't see anything?

No, I was inside, like I told the other
guy. We played some ball, I called my wife.



We played full-court
every week the last year.

Yeah? Did you
know his next of kin?

No, we never really talked about anything.
All I know is he lived by himself.

A numbers cruncher
for the Park Department.

I can't believe this. He
asked me to get a pizza.

Look, this is my card.

If you do remember anything
else, give me a buzz, okay?

Thank you. And take it easy.

(WOMAN CHATTERING
ON POLICE RADIO)

Wallet's gone.

Three .22 shell casings next to
the body and three holes in the chest.

There's a time-tested method
of assuring eternal silence.

Detectives.

Deidre's got something for you.

There was this black car that
was double-parked over there.

Client of yours? A
Lincoln? Yeah, I wish.

I knocked on the tinted window,
and the jerk behind the wheel,

I mean, he wouldn't
even give me a roll down.

Obviously he didn't know
what he was missing.

Yeah, well, you got that right.

A couple of minutes later,
I'm crossing the street,

trying to close on a deal,
and I hear these three shots,

and I see some guy
jumping into the back seat.

Did you see his face?
No, I saw him from behind.

He was built regular, like a
thousand other guys I know,

but I got part of the plate.

It's New York, MPV 1.

Hey, good work, Deidre.

You know, I wouldn't be surprised
if you got a call from the Mayor.

Yeah, well, he's paying
like everybody else.

Get her a cup of
coffee or something.

Another statistic to add to the pile. I
don't know why anybody still lives here.

Hey, where else can you get
mugged by a guy in a $40,000 car?

I don't know, three
pops to the chest?

You want to grab a guy's
wallet, one would've done the job.

Maybe our guy got antsy.
Or maybe it wasn't random.

The hooker said the car
was parked outside the gym.

Maybe they waited for Lempert.

Nailed your vehicle.

Four-door black Town
Car. New York, 9PV 143.

Only Lincoln even
close. Registered to?

Dr. Harry Fine, 967 Park Avenue.

You're a little
late, Detectives.

My husband died about six
months ago of a heart attack

on the 16th hole.

Well, there's still a car
registered in your husband's name.

Well, I'm sorry. The DMV
wasn't one of my bigger priorities.

What's this all about, anyway?

Well, your car has been identified
as the getaway vehicle in a homicide.

Oh, there must be a mistake.

Harry was the only one
that ever drove that car.

Your husband died six months
ago, and no one's used that car since?

No.

I don't like to go out of town.

It's always easier
to hail a cab.

Listen, we park the car in
the garage in the basement.

Have a look if you like.

Mrs. Fine told us
she never drives it.

Well, the only time
she ever comes by

is the first of the month
to drop off the check.

This baby hasn't moved an
inch since the husband died.

The Harry Fine
Memorial Town Car.

Hey, check it out.

Looks like somebody helped
themselves to a fake ID.

That plate was there yesterday
when I washed it. I would've seen.

I'm gonna call CSU and
have them dust it for prints.

You got a phone here?
Yeah, telephone's over there.

Now, are these all monthlies?

Most. The rest are first
come and first serve.

Okay. You got receipts
on them? Tickets.

Yesterday maybe 20,
30. They're in the office.

What'd you guys do? Simoniz the
Lincoln before you called us down here?

So, you're saying
you got nothing, right?

Exterior's clean
as a baby's bottom.

But your parking
stubs, on the other hand,

you got a Arnold Black, 65.

Twenty-seven
unpaid parking tickets.

Doesn't sound like
much of a shooter.

Behind door number
two, John Joseph Furini.

Last 10 years, up three
times on aggravated assault.

Twice for resisting arrest,
once for voluntary manslaughter.

So, what? Nothing stuck?

Seems to run in the family.

What, you got his whole
genealogy in there?

As a matter of fact, I do. Furini's
a soldier in the Dosso crime family.

Oh, wonderful. One of
Vinny's many little nephews.

(MACHINERY BEEPING)

I've been breaking
my back lugging ice

for my old man's
business since high school.

Finally, I treat myself
to a company car.

Business must be good,
you getting a Lincoln.

Well, a Caddy was a
couple of bucks less,

but you can't beat the
Town Car for sophistication.

You're a regular David Niven.

I'm supposed to know this guy?

How about David
Lempert? You know him?

You know, I never was
too good at Trivial Pursuit.

David Lempert
got killed last night

by somebody who jumped into
a black Town Car just like yours.

All of a sudden I got the
only Lincoln in New York?

Come on, let's cut the crap, huh, Johnny?
The guy's dead. Your car was at the scene.

Oh, you can prove that?

All right, then riddle me this,

what's a downtown
guy like yourself

doing in an East 78th Street parking
garage in the middle of the afternoon?

Mrs. Sanet on 79th Street?
She's having a bar mitzvah.

I drive in to supervise the job.

Ain't no spots on the
street, so I pull into some lot.

What, you don't believe me?
Here, I'll give you her number.

Call her up.

Where'd you park this
boat? It's right over there.

Same plate as the front.

Well, Furini goes through
the trouble to switch the plates,

he's not gonna forget
to switch them back.

He didn't look like
an M.I.T. grad to me.

Hey, Mike, we don't
have a search warrant.

I'm just wondering if it's
worth our time to even get one.

You know what bothers me?

What would a mope like Furini

have against some bean counter
like Lempert in the first place?

Dave was a lifer.

Started here right out of grad
school before we got computers.

What exactly did he do?

Well, he worked on budgets,
financial projections, stuff like that.

Was he any good at it?

Detective, this is a city job.

You get the same cost-of-living
increase if you're good or bad.

Dave was competent.

Did he ever mention a
guy named John Furini?

Is he in accounting? I doubt it.

So, tell me, what skeletons
did Dave have in his closet?

Actually, that's what we're here
to ask you. Did he gamble? Drink?

Nothing I know about.

Girlfriend? No,
his daughter Emily.

She's away at some fancy school.

We didn't even know he
was married. He wasn't.

His wife divorced him
about three years ago.

Whoever did it must
be disappointed.

Excuse me? Picked
the wrong guy to mug.

David never carried
more than $10 in his wallet.

Hell, he never
had more than $10.

Well, you never get rich working
for the city. Believe me, I know.

Did he fall behind
in his payments?

He did his best.

That's very
understanding of you.

Look, we were
married for 21 years.

It was great for one, good
for two, maybe C+ for the rest.

A lot of fighting?

Wait a minute. Do you think...
No, I'm not thinking anything,

but I gotta ask.
I wish we fought.

At least then he might
have shown some passion.

David went to work.
He came home.

The only two things
he got excited about

were his weekly basketball
and our daughter Emily.

Every nickel he made
went into her education.

State college
wasn't good enough.

Private school. Wow, that's
gotta be about 20 grand per, huh?

If you don't plan
on eating anything.

Did he have any outside
sources of income?

Like I said, every
penny went to Em.

If he had anything else, she
wouldn't be driving an '83 Buick.

All her classmates drive BMWs.

Your husband... My ex-husband.

Ex-husband. Did he ever
mention a John Furini?

But then again, we
hadn't talked in over a year.

Since Emily's
19th birthday party.

So, what's it all about, Lennie?

Would you bust your butt
to buy your kid a Bimmer?

Nothing wrong with wanting
the best for your daughter.

Right.

I like those pair of
Converses you bought Julia.

Well, they're the best, right?

All I know is, no
German cars for my kid.

Your kid? What, Rollerblades?

We're talking Vette, baby.

Listen, Lempert needs
a few extra bucks.

You think maybe
Furini was his banker?

Yeah, at 50% interest.

Let's go see how Lempert lived.

Well, he certainly wasn't
stealing from the mob.

He's got 230 bucks in
his checking account.

Yeah, you work for the city
for 20 years. Makes you think.

Whoa, three gray suits.
A wild and crazy guy.

LOGAN: I don't think he spent
money on personal grooming, either.

Look at this.

He must have 20 bottles of shampoo
from the Arcady Hotel downtown.

So? I got a bathrobe
from Grossinger's.

A guy who steals shampoo?

He's gonna spend money on a
hotel that's a subway ride away?

(PHONE RINGING)

Sure, I remember him. Stayed with us
a little over three months last summer.

Yeah? Well, no offense, but this
doesn't exactly look like a vacation spot.

No offense taken.

And he wasn't on a vacation, Detective.
He was a guest of the state. Jury duty.

This is where they
sequestered him?

Twelve people. Three
months, three meals a day.

Great for business, and
the press didn't hurt, either.

Press, huh? Must've
been some big shot on trial.

They don't get much bigger.
Vincent Dosso, the godfather.

They tried him for knocking
off that labor guy, O'Malley.

Small world.

Lempert sits on Dosso's trial.

One of Dosso's henchmen is at the
scene. That's not just a coincidence.

The jury hung, Mike. There was no
retrial. Why would they wanna kill him?

I'm thinking Lempert
hung the jury.

The guy worked at a
city computer all day.

He's not the usual
target for a mob hit.

I still haven't heard a
reason for making him dead.

Lempert was bought off.
Maybe he wanted more.

Or maybe his existence
gave Dosso agita.

I say we talk to
those other jurors.

What are you gonna do, look up
"anonymous juror" in the yellow pages?

They weren't
anonymous to everybody.

Are you nuts? They'd
can me before breakfast.

The trial's been over for six
months. Who's it gonna hurt?

Judge Berman's got rules.

Hey, so does my Lieutenant.

That doesn't stop me from
taking a three-hour lunch break

every now and then.

(SIGHING) Come on, Gibbons.

We're all working stiffs.
We're all on the same side here.

I'll deny everything.
So will we.

One name, okay?

No TV, radio,
newspapers or magazines.

Wow, three months is a long
time. It must have been hell.

Tell me about it.

No phone calls unless a
court officer stood next to me.

We couldn't even
leave our rooms for ice.

Convicted felons
get more privileges.

Do you remember a Dave Lempert?

Remember him?

We would have been out of
there in a week if it wasn't for him.

Are you saying he
was the only holdout?

Eleven people tell me the sky
is blue, I start to believe them.

I tell you what.

"Reasonable doubt" are two
words I never wanna hear again.

You ever get the feeling his mind
had already been made up in advance?

If you're asking was he
bought off, I don't see how.

Court officers were
all over us like flies on...

I get your point. My opinion?

Lempert was just
a pain in the ass.

Any time you get a defendant
up on a murder charge,

juror safety and/or potential
tampering become a major concern.

Well, was the danger more
than hypothetical in Dosso's case?

Well, we assumed this
guy was capable of anything,

so we cranked up
security to the max.

Had the guys on OT, the works.

We even brought in the
FBI's food taster on a consult.

Maybe your ship wasn't
as airtight as you thought.

I've been doing this 12 years,
Detective. I haven't lost a juror yet.

That you know about.

Let me ask you this. Did
anybody contact David Lempert?

Let's see. No visitors, no
medical requests, no special foods.

LOGAN: What about phone calls?

Every outgoing phone call is
monitored by one of my men.

Looks like he dialed a daughter
in Pennsylvania once a week.

BRISCOE: What
about incoming calls?

Lempert had three. All
from his wife, Priscilla.

Be back.

Now, didn't she say she hadn't
spoken to him in over a year?

Maybe she got
her dates mixed up.

You remember the last time
you spoke to your ex, Lennie?

July 17th, 1994, 2:35 p.m.

I gotta be honest
with you, Mrs. Lempert.

Nothing bothers me
more than being lied to.

I didn't lie. I never
called David.

Oh, so, now it's the court
officer's logbook that lied?

Three separate times?

If you're not honest with us,
Mrs. Lempert, we can't help you.

Please, Detective, I'm not
naïve. You're not here to help me.

But we can arrest you
for obstructing justice.

Go ahead.

Think about it, Mrs. Lempert.

Every time you go
out to buy groceries,

every time you go down
to the corner to get a paper,

how safe are you gonna feel?

And you're going to protect
me? LOGAN: They killed your ex.

They know you know it.

Do you really think they're
going to send you a sympathy card

and forget about it?

And then they're gonna come
after anybody you might have told.

Like your daughter.

After the divorce,

money grew tight.

David was having trouble
making Emily's college payments.

We were talking about transferring
her from Swarthmore to SUNY.

And that was a big
deal? To David it was.

And then somebody came
along to solve all your problems.

He never told me his name.

I never asked.

He showed up here one night
when David was at the jury.

He knew everything about us.

And you didn't get just
a little bit suspicious?

I was scared.

All I had to do was
call David at the hotel

and then leave the
apartment while they spoke.

After the trial, David
paid Swarthmore in full.

I never asked where he got it.

Is that the mystery man?

All we've got is Jury Tampering
in the Second Degree.

A misdemeanor.

You'd think bribing a juror would carry
a little bit more than a slap on the wrist.

Well, you're assuming somebody
up in Albany actually thinks for a living.

Poor sap. He gets himself killed for
just trying to keep his kid in school.

He took money to throw a
case. He's no saint, Lennie.

Hey, he was being squeezed from all
sides. He thought he'd found a way out.

Well, maybe as
part of his sentence,

Furini will finish
paying the girl's tuition.

Pick him up. What,
on a misdemeanor?

Oh, I'm sorry. I didn't
know you were too busy.

Look, Furini's not
going anywhere.

We take Lempert's wife's statement
to a judge, we could get a wiretap.

Maybe we could get
him on the murder.

Shortest distance
between two points?

Talk to OCCB.

They've been bugging Dosso's
social club ever since the mistrial.

MAN 1: You got the shirt?
MAN 2: Yeah, I got the shirt.

You sure you got the
shirt? Yeah, I got the shirt.

You got the
bullets for the shirt?

Not exactly brain surgeons.

Well, they're smart enough
to know you're eavesdropping.

You got anything with Furini?

Yeah, I taped this yesterday.

LOGAN: Yes, the Dandy Don.

Shows up every morning at 8:00.

He and Furini have been
very tight since the trial.

You got any conversations between
them about a guy named Lempert?

We've got bugs and
phone taps on Dosso,

Furini and everybody
else they eat pasta with.

These are the ones
we transcribed already.

They're labeled by who was in
the room or who made the call.

And these are tapes we
haven't even gotten to yet.

Well, my boss will give you
a 49 for the dupes, okay?

DOSSO: Furini's a moron. We've
been picking his pocket since '85,

and the son of a bitch is
dumb enough to thank us for it.

Sounds like my family.

We're wasting our time. These
guys know OCCB's listening in.

They're not gonna
say anything useful.

Well, if the bad guys didn't
screw up every once in a while,

the jails would be empty.

Listen to this, from a phone
call between Dosso and Furini

the day after
Lempert was popped.

Furini, "Mr. Parks is
all taken care of, Vin.

"Bada-bing,
bada-bang, bada-boom."

Dosso, "Good job, John."

Mr. Parks? Well, Lempert
worked for the Parks Department.

It's gotta be, right?

Find the tape.
Pick them both up.

We're here to see Vincent Dosso.

Mr. Dosso isn't taking
any visitors tonight.

He'll make an exception for us.

Vincent Dosso, John Furini,

you're under arrest for the
murder of David Lempert.

You have the right
to remain silent.

Anything you do say can and will
be used against you in a court of law.

You have the
right to an attorney.

If you cannot afford one,
one will be provided for you.

You have the
right to make one...

You know, Jack, we would have
been more comfortable in my office.

We would have been
more comfortable in Aruba.

But I'm sure neither one
of us could afford the time.

Looks more like you
couldn't afford the airfare.

I work for the government, Paul.
No one would have ever known.

See? That's why he graduated
number eight in the class.

But like they say, the A students
end up working for the C students.

Or in this case, being
humiliated by them.

We have your client
and Mr. Furini on tape.

Let me guess. It's
another A student?

Yeah, but you don't have to be
Law Review to add one and one.

FURINI: Mr. Parks is
all taken care of, Vin.

Bada-bing, bada-bang, bada-boom.

DOSSO: Good job, John.

I think the meaning is obvious.

Sure, it is. They were
watching Miss America reruns.

Not to be condescending,
Jack, but you gotta know

your case is gonna
go the way of all flesh.

Why, because you're the
lead counsel for the defense?

Because that tape will never
be heard in the courtroom.

Motion to suppress.

I believe Mr. Murphy has a
similar motion on Mr. Furini's behalf.

See you in chambers.

Oh, I almost forgot.
Anna sends her love.

You're friends with him?

Great point guard. We beat the
med school three years running.

Did he pay off the ref?

He's the defense counsel,
Claire, not the defendant.

I just wanna make sure we're
all on the same page here.

This is America, right?

We do still have a constitution and
at least four amendments thereto?

The conversation in question was
obtained by OCCB through a valid warrant.

Yes, but valid against whom?

The warrant Mr. McCoy refers to
was for a tap on Mr. Furini's telephone.

Its specific intent was to
implicate Mr. Furini in a crime.

And if I'm not mistaken,
that's exactly what it's done.

Mr. Murphy will address
that shortly, Your Honor.

At the moment, my
concern is with Mr. Dosso.

Takes two to have a
telephone conversation.

And if you intend to
offer that conversation

as evidence against the
party of the second part,

his name should have
been included in the warrant.

That's absurd.

Let's pretend I have a warrant to
search your apartment for drugs.

I legally enter, only to
discover that Pablo Escobar

is about to sell you
a pound of cocaine.

You're saying I can't
arrest him? Of course not.

Because Mr. Escobar didn't have an
expectation of privacy in my apartment.

Exactly, and Mr. Dosso
didn't have an expectation

of anything in
Mr. Furini's telephone.

But he did in the telephone
used to call Mr. Furini.

The OCCB had a separate
warrant for Mr. Dosso's telephone.

KOPELL: His office phone.

My client placed the call in question
from a pay phone in Miami Beach.

He certainly had
expectation of privacy therein.

Your Honor, to admit this
evidence against my client

would sound the death knell for any
and all Fourth Amendment protection.

(LAUGHS)

That's very
eloquent, Mr. Kopell.

You can't possibly... I
wear the robes, Mr. McCoy.

I can do anything I like.

I like to keep the state out of
our bedrooms and our churches

and our telephones.

Your Honor, the warrant in
this case was issued specifically

to gather evidence relating to
the murder of a Mr. John O'Malley.

It's a totally unrelated crime.

The conversation at issue is far
beyond the scope of this warrant.

JACK: This is plain
view, Your Honor.

Harris v. U.S.

But, Judge... Mr. Murphy,
I may be open-minded,

but I'm not vacant.

Now, the tape is
admissible against Mr. Furini,

and it's inadmissible
against Mr. Dosso.

Still flinching when you get
near the boards, huh, Jack?

I've still got my outside shot.

How many times do I have to tell you,
you cannot win without an inside game.

I'll send my messenger
for the notice of dismissal.

Expectation of privacy.

He earned his $600 an hour.

He made a good argument
in front of the right judge.

This certainly isn't
the work of a C student.

Paul only got C's

because he spent more time
around a courtroom than a classroom.

Poverty Law Group,

Abused Women Advocacy Coalition.

He's come a long way.

It's about the battle,
Claire, not the prize.

He blindsided a half-witted judge
on behalf of the head of a mob family.

You're acting like it was
some kind of noble cause.

It's part of the game.

Excuse me? Last I
looked, it was about justice.

That's merely a by-product.

Boy Scouts seek it,

effective prosecutors do their
best to avoid thinking about it.

And what do they think
about? Winning, period.

I'm sorry, I don't put in 15 hours a
day just so I can flex my muscles.

Well, you better start, Claire,

or you'll wind up talking
to yourself in elevators.

Now, Adam, we've got
the wiretap on Furini,

his fingerprints at the garage,
and an ID by Lempert's wife.

If we're lucky, he won't want to
spend the rest of his life in prison.

He gives us Dosso. Man
one with a recommendation.

(GATE BUZZING)

FURINI: You're
wasting your time.

JACK: You're not being
loyal. You're being stupid.

Look around.

This is as good
as it's gonna get.

Do you actually think Dosso
would return the loyalty?

JACK: Think
about it, Mr. Furini.

Dosso had one of the
best lawyers in the city,

and you had Oliver
Wendell Blockhead here.

Hey.

Dosso and Kopell gave us a bone,

and it's you, sir.

MURPHY: That's
enough. We're done talking.

Fine, no more
talking. Let's just listen.

DOSSO: Furini's a moron. We've
been picking his pocket since '85,

and the son of a bitch is
dumb enough to thank us for it.

I ain't gonna
testify against Vin.

Maybe you could help
us without taking the stand.

I wouldn't advise
that, John. You.

What have you got? It
depends what you give.

John, if anybody finds
out... We're both dead.

Above the club, there's
an apartment. 2G, I think.

Some old bag lives there.
Dosso uses it when she's out.

That should be enough for an
electronic surveillance warrant.

John's name doesn't
appear anywhere.

Congratulations, Mr. Furini.

You've just become an
anonymous informant.

What'd I miss?

A couple of bottles of Chianti
and the old lady's itinerary.

And another
fabulous lunch, I see.

Oh, we still have some fried
rice left. Thanks, anyway.

Hey, Logan, you
might want to hear this.

DOSSO: Hey, what can I
tell you? Pauly's the best.

You want a dismissal,
get yourself a Jew.

MAN: What about Lempert's
wife? She knows what I did to hubby.

He stays dead, she's no problem.
Send her some flowers or something.

Somebody cancel the
subscription to Sporting News.

(BOTH LAUGHING)

Hey, Vinny, you got that thing
at 5:00. Your car's downstairs.

Sounds good to me.

Pick him up as soon
as he hits the street.

(HORNS HONKING)

Sorry to ruin your plans.

Oh, don't you
guys ever get tired?

Of that face? Never.

Vincent Dosso, you're under arrest
for the murder of David Lempert.

Yeah, yeah, yeah.

You have the right
to remain silent.

Anything you say
can and will be used...

"Docket Number 545362.

"People v. Vincent Dosso.

"Charge is Murder in
the Second Degree."

How do you plead?

Not guilty, Your Honor.
JUDGE WELCH: Miss Kincaid?

Because of the
nature of the charges

and Mr. Dosso's connection to
organized... KOPELL: Plumbing.

Mr. Dosso is a small
businessman, Your Honor.

And I had a leaky faucet that
I'm still paying off two years later.

Bail is set at $500,000.

Second bite at a bad
apple's just as sour.

There are no constitutional
violations this time.

Maybe not,

but I'm sure you've heard
of attorney-client privilege.

See you in chambers.

MAN: We sent her for
a week to Atlantic City.

DOSSO: You make sure she's flush. KOPELL:
All taken care of, Vin. I did it myself.

That last voice, it's mine.

Because you say it is?

No, because Dr. Peter
Frank of M.I.T. says it is,

as he swears to in this affidavit,
signed following electronic voice analysis.

And as Mr. Dosso is
my longstanding client,

this entire conversation is
privileged, and therefore inadmissible.

The first voice on
that tape wasn't yours.

Privilege is broken when
a third party is present.

Unless the third
party is also a client.

The voice Ms. Kincaid
refers to is that of Al Gennaro,

who I have successfully represented
several times over the years.

The discussion of a criminal
enterprise is not privileged, Your Honor.

That's correct, if it's an
on-going or future enterprise.

Unfortunately, it appears the
defendant was discussing past crimes.

I'm going to have
to exclude the tape.

Make a motion, Mr. Kopell.

As there is no other
evidence against my client?

No?

I move for a dismissal.

I object, Your Honor.

So do I, but I have no choice.

Your friend plays the game
by a different set of rules.

He and I are not playing the
same game anymore, Claire.

Wait a minute, is that the
sound of an ego being deflated?

First day of law school.

"What's the cornerstone
of the adversarial process?"

I don't need the
Socratic attitude.

Just answer the
question, Claire.

Two independent counsel, arguing
points of fact and points of law

before an impartial
judge and jury. Right.

The operative word
being "independent."

Paul crossed the line.

He listened to Dosso
brag about his exploits.

He didn't do anything illegal.

You heard the tape.

Paul paid the old lady to leave
town so they could use her apartment.

So what? There's
no crime there, Jack.

He facilitated the operation
of a criminal enterprise.

Well, he does that every time
he steps into court for Dosso.

Referring to
Lempert, Dosso says,

"And somebody cancel the
subscription to Sporting News."

How do you suppose Dosso
knew Lempert's reading habits?

Maybe they had
cappuccino together.

A bribed juror? No way.

Dosso wouldn't have
gotten within a mile of him.

There were 12 people
on that jury, Claire.

If Dosso had picked one who happened
to have a sudden bout of honesty,

there would have been
another count on the indictment.

No, I suspect Dosso knew
exactly what he was doing

when he approached Lempert.

Lempert was desperate for
the money. He lived alone.

The juror questionnaires.

How much money do you
make? How much do you owe?

How many dependents do you have?

What's your biggest
single expense?

Kopell framed questions

that would make it easier to pick
the juror most likely to take a bribe.

Even if you're right, the
questionnaires were anonymous.

Not to the county
clerks, they weren't.

I worked for Judge
Berman for eight years.

Nobody ever accused
me of any wrongdoing.

JACK: Well, we're accusing you,
Mark. Yeah? Well, I didn't do nothing.

You worked for the State. You
took money. That's receiving a bribe.

All those years in a courtroom,

you have to know it's
better to talk to us now.

We're on the same side, right?
Why are you doing this to me?

You wanna know why?

Because I bust my butt to
bring down scum like Dosso,

then some whore in a uniform
sandbags me for a couple of bucks.

If you took over
$10,000, it's a C felony.

That's three years in Attica.

He only gave me $5,000.

Who did, Mark?

Some gumba. Said
he worked for Dosso.

Twenty-five years ago,

Paul stayed up till 3:00
the night before an exam

to teach me the Rule
Against Perpetuities.

Smart has nothing
to do with honest.

What are you gonna do?

How does burning
at the stake sound?

Well, even if we could implicate Kopell,
it's only Bribery Three, an E felony.

No. It's an A felony.

Paul picked David
Lempert's name out of the pile.

It's the first step in the
conspiracy to commit murder.

You don't think Kopell actually
knew they were going to kill Lempert.

We wanna get Dosso,
right? Paul can give him to us.

Mrs. Kopell? Yes?

Is your husband in?

We have people here.
This will only take a minute.

Can't this wait? No, it can't.

Paul Kopell, you're under arrest for
conspiracy to murder David Lempert.

Drink up. You have
the right to remain silent.

Anything you say can and will be
used against you in a court of law.

Do you understand that?

You have the
right to an attorney.

If you cannot afford one, one will
be provided to you free of charge.

You son of a bitch.
Now, now, calm down.

You could have called,
Jack. You have my number.

I'm sorry. It fell
out of my Rolodex.

The police, Jack? In
our home, terrorizing us?

Yes. I wanted him to be
scared. He should be scared.

Well, it isn't working.

Although you did get to the women
and children, if that makes you happy.

Happy? That's right,
I'm thrilled to discover

that my friend of
25 years is a felon.

Oh, give me a break!

Let's assume Dosso
bribed the clerk.

What does that have to do with
me? No, you give me a break, Paul.

We both know you're
smarter than that.

This is really getting your
juices going, isn't it, Jack?

Anna, if you can't let me proceed
here, you better step outside.

You know us. You
know our children.

You can put an end
to this right now, Paul.

Give me Dosso.

And get killed? Anna, stop it!

Look, Jack, you can't
even carry my briefcase.

You never could.
I'll tell you what.

Tomorrow I'm gonna
get this crap dismissed,

and the next day I'm gonna
hit you with a civil suit so big

your great-grandchildren
will be answering motions.

Even if this nonsense about
jury questionnaires is true,

the state still cannot produce
any evidence whatsoever

that implicates me in
any way to the murder.

Basic conspiracy
theory, Your Honor.

The left hand doesn't have to
know what the right hand is doing,

so long as they share a
common criminal purpose.

The purpose in this case being
to rig the trial of Vincent Dosso

and destroy the evidence thereof,
i.e., murdering David Lempert.

Only there is no proof that Mr. Dosso
is connected in any way to said murder.

We have him
confessing to it on tape.

A tape which Judge
Gance declared inadmissible

because of
attorney-client privilege.

Your Honor, if you would read the
order labeled Exhibit Three to my brief?

I read it, Mr. Kopell.

Judge Gance's decision
seems clear, Mr. McCoy.

Nobody's trying to violate
privilege, Your Honor.

The state's position is

that due to Mr. Kopell's total immersion
in Vincent Dosso's criminal activities,

he stopped being an attorney and
became a de facto participant thereof.

That is ridiculous.

It's also very creative.

Mr. McCoy's creativity
notwithstanding,

it's well settled that the
privilege belongs to the client.

Mr. Dosso believed he was conversing
in the presence of his attorney.

That's all that matters. That's
correct as far as Mr. Dosso.

The privilege is intended
to promote free dialogue

between the client and
his legal representative.

It goes both ways.

Not if you weren't functioning as
a legal representative, it doesn't.

Same time, same place next week,

I'll listen to evidence relating
to Mr. Kopell's true relationship

to Mr. Dosso's business.

(GAVEL BANGS)

So, what do we do, look
at Kopell's time sheets?

I doubt he listed, "Six
hours, criminal activities."

I don't need your
sarcasm right now, Claire.

(SIGHING)

Look, Jack, this whole
thing is getting out of hand.

Do you wanna put Dosso
in prison? Of course, I do.

Well, I'm fresh out of ideas.

This is the only way
I can see of doing it.

Déjà vu, no? We've
been through this.

No way I testify against Dosso.

I'm not asking
you to, Mr. Furini.

I wanna know about his
lawyer. You're kidding, right?

Are you sure you
don't want a lawyer?

Lawyers.

You cut my sentence.

Seven years. Five.

Fine.

Like I said, you get
nothing from me on Dosso.

And another thing,

I get immunity for anything I might
say of a self-incriminating nature.

FURINI: Kopell was always there.

He was in the room whenever
we talked about anything.

JACK: What kind of
thing did you talk about?

Things. You know, business.

What kind of business, sir?

Our deal stands, right?

A lot of times I talked about
how I was gonna pop someone.

Could you please
be more specific?

Like that mick, the
labor guy, O'Malley.

Mr. Kopell was in the room when
you decided to kill John O'Malley?

That's right. And Lloyd
Lipman and Tomaso Bucci.

Please limit your responses to the
case of the deceased juror, David Lempert.

Yeah, I offed him, too. That's
why I'm presently in the can.

And Mr. Kopell was in the room with
you when you decided to kill Mr. Lempert?

He was eating a cannoli.

Was anyone else in
the room, Mr. Furini?

Nice try, Counselor.
I don't recall.

Your Honor, this is ridiculous.

The man cut a
deal with the state.

He's obviously going to say
whatever they want to hear.

And look at his track record. Can
you really rely on his credibility?

It's your own credibility I'd
start worrying about, Mr. Kopell.

The witness has
established to my satisfaction

that you functioned in something
more than a legal capacity.

As such, the material in
question is not privileged.

My clerk will inform you as
to commencement of trial.

What is this, Bernie's
Bargain Basement?

Today's special, cop to four
murders, get only five years.

When I gave Furini
immunity, I had no idea.

No idea, because the blood was
rushing downstream from your head

and is settling somewhere
south of the border.

I'm trying to get Dosso, Adam.

You're no closer than
you were three months ago.

Paul will cut a deal.

And what if he doesn't?

If Paul knew I was here...

He doesn't actually intend
to go through with the trial?

You've known him for 25
years. What do you think?

I think he's smart enough
to realize... Get off it, Jack.

What makes him such a good
lawyer isn't his brains or his talent.

It's that he refuses to
be intimidated by anyone.

You know he'd
never kill someone.

Furini implicated him.

Paul only listened to
them, for God's sake.

He helped them to bribe a juror.

You can't prove that.

(SCOFFS)

Why am I wasting my breath?

I've been watching the two of you
arm wrestle for a quarter of a century.

This isn't personal,
Anna. Oh, no?

Think about it.

Would you have pushed this hard
if wasn't Paul at the other table?

Would you really have gone that extra mile
to beat some Joe Schmo defense attorney?

All right, maybe Paul
wanted to win too much.

But don't you see? You're
doing the same damn thing.

Win at all costs.
And you know what?

We're all gonna lose.

I told you, Jack, I'm
not gonna roll on Dosso.

He's a murderer. He's
my client. I don't judge him.

You don't have to climb
into bed with him, either.

That's where you're wrong.

I gotta think like he thinks, do
as he does. I gotta become him.

It's the only way I can
go into a courtroom

and fight for him
with any passion at all.

It's what makes this
system work, Jack.

A criminal defense lawyer
who says to his client,

"I'll meet you, but
only during office hours.

"I'll talk with you, but I won't have
Christmas dinner at your house.

"I'll defend you,

"but I won't go to your grandson's
christening," is not doing his job.

He's giving the
prosecution an edge.

That's your only agenda?

The best interest of
the client? Hell, no.

I hang out with Dosso
because I love it. It elevates me.

I climbed Macho Mountain,
Jack, and it feels damn good.

Is it really worth
throwing your life away?

You're assuming you're going
to win this trial, Ms. Kincaid?

I'm offering you
a way out, Paul.

Maybe you should listen
to him. Don't you see?

He called this meeting. It
means his case is weak.

This isn't a game of chicken.
Oh, yes, it is, and you just blinked.

I'll see you at trial.

The People of the State
of New York v. Paul Kopell.

Twenty million people
versus one man.

Think of the enormity of it.

The full extent of the government's
resources and manpower against me.

And what heinous crime did I
commit? I defended my client.

Yes, I constantly
hear the snide remarks

about the shark getting his
client off on a technicality.

But hidden in those remarks is
a sigh of relief, a silent thank you.

You may hate me, but you
sleep better because of me.

You see, when a defense
lawyer steps into a courtroom

and does everything in his power to
poke holes in the prosecutor's case

and still fails,

the chance that an innocent
man will be convicted is nil.

We have an adversarial system.

I'm the adversary,

but you cannot punish
me for it. Thank you.

Defense attorneys
distort the facts.

They twist evidence.

They will not only go to
the mat for their clients,

they will take that mat and toss it
out the window as far as they can.

They are not bound by the truth.

They are bound to obfuscate it if it
serves to get their clients acquitted.

And they should be commended for it,
and it is what makes the system work.

But when Paul Kopell picked
David Lempert's name off of a jury list,

he was no longer
functioning as an attorney.

He was part of a
criminal conspiracy.

He didn't fire the shots
into David Lempert's chest.

He fired them into
our justice system.

And he should go to prison.

JUDGE BONELLI: On the
sole count of the indictment,

Conspiracy to Commit Murder in
the Second Degree, how do you find?

We find the defendant,
Paul Kopell, guilty.

(GAVEL BANGS)

(PEOPLE CHATTERING)

(ELEVATOR BELL DINGS) That
sounded like it was more than a game.

You better take
the next elevator.

I wouldn't be very good company.