Law & Order (1990–2010): Season 5, Episode 6 - Competence - 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.

(RAP MUSIC PLAYING
ON CAR STEREO)

He's no Dr. Dre.
You're such a jerk.

You like this stuff,
you're both jerks.

She likes Michael.
No. She likes Sly.

You mean Rocky? No, I mean like,

"Boom laka-laka-laka,
boom laka-laka-laka."



What's that? What's that?

You're such a kid.

Sit tight. When you get home,
you ask your dad all about it.

STEFAN: Leave the
radio. Oh, all right, all right.

I hope Dad got the tickets.

Patrick's the best.

What about Shaquille?

He makes too many commercials.

(RIC LAUGHING)

Ric, who's that?

(GUN FIRES)

First time in 12
years I fire my gun.

Hey, if you hadn't, we'd
be outlining you in chalk.

Lennie, they couldn't
have been more than 16.



No ID, no gun.
The other one had it.

You shot the one
without the gun?

They tried to rob me.
Look, it happened fast.

LOGAN: I don't know. What?

The dead kid. The entrance
wound was in his back.

Hey, no problem. We
got two eyewitnesses.

You guys saw
the other kid, right?

Yeah. Did you see his gun?

Ask me again, I'll give
you the same answer.

JACK: You know it's
part of the drill, Lieutenant.

(SIGHING)

He pointed a gun
at me. A Raven .25.

The one who ran away?

No, the dead one. Then the
gun spontaneously combusted.

Attitude will get you
indicted, Lieutenant.

Three hours of this crap and
no sleep, what do you expect?

Don't you think it might
be more advantageous

to look for the
kid with the gun?

I should have
gone to law school.

Maybe I could come
up with a plan like that.

JACK: Captain Burnett's men are canvassing
the neighborhood with the sketch.

If there's anything
else you remember?

Has the body been identified?
JACK: They're working on it.

We should check Missing
Persons, his parents may miss him.

Damn. Why didn't
I think of that?

Now I see why she
made lieutenant.

I could do without the
attitude, too, Captain.

Yeah, I got an attitude.

It usually shows up when a cop
shoots an unarmed kid in the back.

We've had enough. My client's
due for her psychiatric evaluation.

Part of the drill,
too. Right, Captain?

BURNETT: She shot an
unarmed kid in the back, Lennie.

Until I learn different,
she's like any other suspect.

BRISCOE: Except she's been
wearing a badge for 12 years.

That's what I want to
know about. Oh, what?

How, just the other day
over coffee, she said,

"There's too many
punks on the street,

I think I'll pop a couple
in front of my kids"?

Get off it.

You've been on the
job, what, 25 years, right?

How many kids you
shoot in the back?

I'm just saying maybe
she got a little nervous.

I don't know, lost
control, panicked.

She's a good cop.

Look, Lennie, we both
know what's what here.

They get out of the academy,
street's too dangerous,

so they're assigned a desk job.

All that free time
between dog bites,

they get to study for
the sergeant's exam.

She put in three years
undercover narcotics.

She's a good cop, all right?

She said the kid had a piece.

I buy it.

I'm sure your lieutenant's
a nice lady, Logan,

but that doesn't mean she
should be running a squad.

Well, what is it that
bothers you, Burnett?

That she's wearing a
skirt or that she's black?

For your information, I got
A-plus in politically correct.

I love Afro-Americans.

I love Gyno-Americans.

But if one of them happens
to shoot a kid for no reason,

that cop's gonna get nailed.

I can't help you.

Don't be a hero, Logan.
You know procedure.

You and everybody
else in your precinct

better keep their
butts out of this.

I know we gotta do this,

but I'm okay with
what happened. Really.

A dead boy? You
must feel some remorse.

Please, that's not what I meant.

I'm just saying I did what I had
to do under the circumstances.

Nobody doubts that.

Well, nobody in
this room, anyway.

They'll find the boy, they'll
find the gun. This'll all go away.

Not all of it.

What? I'm gonna have nightmares?
I'm gonna wake up with cold sweats?

Tell me something
I don't know, Doctor.

Anita,

it doesn't worry me
if you're feeling guilt.

It worries me if
you go into denial.

You know what I worry about?

I worry about what could have
happened if I didn't have a gun.

I worry about the
kind of world we live in

when kids would kill
for a couple of dollars.

Here we go.

Last six months, three ATM
jobs, same neighborhood.

Hey, you wanna get us a
reprimand from downtown?

That's not our business, Mike.

This has nothing to
do with Van Buren.

These kids were white.

Oh, yeah, right.

And while we're looking into it,

we just happen to
run across the kid

who waved the gun at Van Buren.

Well, then that would
be a coincidence.

(PHONE RINGING)

Logan. Yeah, all right.

You got an address?

Shoot.

Uh-huh.

Good. Thanks.

The dead kid's description matched
a 14-year-old named James Gordon.

His mom ID'd him this morning.

Mike, I got a pension coming.

So does Van Buren.

MARJORIE: I already
talked to you people.

Can't you leave us in peace?

There were other robberies, Mrs.
Gordon. We're just doing our job.

Like I told those other cops,
my son was not a criminal.

That woman just shot him dead
because he was big and black.

I'm sorry, but your son
was at the scene of a crime.

My son could
barely dress himself.

He was mentally retarded, okay?

Now please, go.

Did you ever see this boy
with your son, Mrs. Gordon?

I didn't this morning
and I still don't.

He wasn't a friend
of James'? No.

Who's Guinevere?

She was James' friend.

Did James paint that?

He can't write a sentence,
but he can draw real nice.

Mrs. Gordon, about Guinevere?

She was just some white
girl he was sweet on at school.

She's retarded, too.

James made this for me.

He did? It's pretty.

Gwen, I got a picture
of one of James' friends.

I was just hoping maybe
you could tell me who he is.

Think hard, sweetie.

I don't know him.

Honey, could you look
at him a little closer?

Maybe tell me if you've
seen him around?

It's okay. Go ahead.

BRISCOE: You sure
you don't remember?

James isn't coming
back to school.

I'm sorry.

Yeah. Well, if she
remembers anything... Sure.

Come on, sweetie.

Goodbye. Bye.

When I was 14, my mom
knew everybody I hung with.

How many friends packing metal
did you invite over for brunch?

Look, all I'm saying is, if I
had a kid that was retarded,

I'd be all over her like a rug.

No, what you're saying is maybe
Van Buren made this face up?

If some people step
in it bad enough,

they'll say anything
to get rid of the stink.

She's not stupid, Lennie.

Having brains doesn't
keep you from panicking.

What is this? Do
you think she's lying?

It happened fast, right? So
maybe she's exaggerating.

Her boys saw the other
kid. But they didn't see a gun.

Hey, this isn't a
popularity contest, Mike.

All I'm saying is there's a lot
of sides to look at in this thing.

And one side says if
there wasn't any gun,

it would really make Van
Buren's day if we didn't find the kid.

VAN BUREN: Burnett's
trying to bury me.

He's a pimp.

He wants to make deputy
inspector on your back.

(SIREN WAILING)

(SIGHING)

No one can find that
kid you saw run away.

I saw him, Mike.

You know, from now on, you better
knock three times on my office door.

You don't, I may get
antsy, blow you away.

Nobody's saying that. Nobody's
giving me any medals, either.

Look, you gotta know, no kid, no
gun, it's not gonna be an easy ride.

I'm the one who had a gun shoved
in my face. I'm the victim here.

And still everybody wants me to
say I did something wrong. Uh-uh.

I'm sorry. I didn't
do anything wrong.

I tell you what. 14-year-old kid
with a size 18 collar. He ate well.

Well, an ATM a day
buys you a lot of ice cream.

See these blood stains here?
That's a type AB negative.

Oh, good. I got
dibs on his liver.

Not if you want to live past tomorrow.
Your dead kid was a type O positive,

as evidenced by the blood
adjacent to the entrance wound.

You're telling me there's two
types of blood on the shirt?

Yeah. Son of a
gun had a busy day.

I don't know. It doesn't
really prove anything.

I mean, could be Mom didn't
wash his shirt for a week.

Or it could be confirmation
of Van Buren's story.

Think about it for a minute.
VENDOR: Here you are.

Put some stuff
on there, will you?

Van Buren shoots the other kid in
the arm or leg, someplace not fatal.

It's a through-and-through
and it kills James Gordon.

VENDOR: Here's your change.
The old magic bullet theory?

Hey, it worked for the
Warren Commission.

If I'm right and this kid got
hit, maybe he went to an ER.

And if we're lucky,

somebody followed
procedure and reported it.

Yeah.

Hospitals reported 12 gunshot
wounds between 5:00 p.m. and midnight.

BRISCOE: Any of them who
don't have their driver's license yet?

There's one who's
still in diapers.

How about teenagers
in the West 90s?

Two. There's a Dorothy
Jones and a Craig Singleton.

Said he was shot in a drive-by.

Left the emergency
room at Our Lady

before our guys got
there to take his statement.

Five-to-two he's got a sheet.

Save your money, Logan.

Craig Singleton AKA Hammerhead.

Priors for assault, armed
robbery, disorderly conduct.

He's a gangbanger with
the Blue Deuces in Harlem.

It gets better. Keep reading.

Deceased, March 6, 1993.

Our boy used an alias.

Somebody he knew and respected.

Thanks, Ana. If anybody asks...

Briscoe who?

Blue Deuces. One of your
more popular social clubs.

You know a member
named Craig Singleton?

You mean Hammerhead.

I busted him maybe six times.

Favorite song, Cop
Killer. Favorite color, green.

Favorite pastime, beating
65-year-old widows with a bat

to get their welfare checks.

But one of the grannies
fought back? Somebody did.

Found him in a vacant
lot, 12 bullets in the back.

No suspects, no arrests.

He must still have a fan club
because somebody copped his ID.

Wouldn't surprise me, the kid is
a regular hero among the masses.

Where do these masses hang out?

Try the block,
125th and Broadway.

Easy.

Ten years from now,
one of those kids will sign

a $60 million deal with the NBA.

Hey, in 10 years, half those
kids will be dead or in the can.

Hey, didn't you hear?
We got a new crime bill.

Then make that five.

Hey, Lennie.

Look at that, that
kid's been to a doctor.

He didn't get that
on a fast break.

Why couldn't he have
been shot in the leg?

Hey, come here. Where
you going? Hey, man!

Hey, I ain't done nothing, man!

You get that arm playing
cowboys and Indians?

No, I took a bullet.

"Took a bullet."

You can't keep me here, man.

Look, my son said
he didn't do anything.

And I'm sure he won't do
it again, right? Real funny.

Eddie Murphy
better watch his ass.

Now why do you wanna go and use
language like that in front of your mom?

MRS. ROWLAND: I
heard it all before, mister.

Hey, speaking of funny, Zack,
wanna know who cracks me up?

Zack Rowland, 14.

BURNETT: The judge, that's who.

The one who's gonna send
you away for armed robbery.

I hope someone
read him his rights.

Signed the waiver in
triplicate in front of his mom.

You can do me
a real favor, Zack.

You can send me a
postcard from Attica, okay?

I was always curious about what it's
like playing choo-choo with a real man.

You see, to me
personally, it's no big deal.

But all those guys up there in
the joint, they can't all be wrong.

You know what I mean?

You can't prove nothing, man.

That's right.

I can't prove a damn thing.

But there's a Lieutenant Van Buren
who's got your dimples stuck right here.

I never heard
of him. It's a she.

And that hole in your arm,

she was instrumental
in putting it there.

She picks you out
of a lineup, Zack,

it's all over.

Tell the man what you know, boy.

You got it all wrong, man.

Me and James, we see
this lady at the cash machine.

We figure maybe she could
spare a couple of bucks.

And just to emphasize the
charitable nature of her donation,

you stick a piece in her face.

We ain't had no steel, man.

All I know was the bitch
freaked, started shooting.

I just tore ass.

Yeah, right. Straight to
Little League practice.

The kid's full of crap.

Well, somebody is.

MRS. ROWLAND: My
son didn't do anything.

BURNETT: Maybe you're right.

You had to be there
to see the humor.

Don't you think we owe Van
Buren the benefit of the doubt?

Discretion doesn't play a part.

Cop shoots citizen, it goes
to the grand jury. Period.

Yeah. Well, it doesn't
have to go tomorrow.

The kid's gun will turn up.

The longer we wait, the more it
looks like we're covering something up.

A retarded, unarmed, black
kid gets killed by a cop?

The fuse is lit.

I don't want to wait
around for the explosion.

Look, I've worked on
dozens of cases with her.

She's a good cop.

I can't see ruining her
career for a little good PR.

We're doing what the law
requires. No more, no less.

RIC: Dad had to work,

so Mom said she would take me and my
brother to the city for a movie and dinner.

Is that what happened?

You have to
answer out loud, Ric.

We never got to dinner.

Could you tell us why?

Mom said she needed to
get money from the bank.

She told me and
Stefan to stay in the car.

JACK: And what happened then?

We were listening to the radio.

We saw the two
kids come up to Mom.

We were scared.

Then we heard it.

What was that, Ric?

Ric?

She didn't mean anything.

Why do you want
to put her in jail?

What did you hear, son?

A gun.

We saw the big kid fall,

and the other one run away.

Your mom shot the big kid?

Yes.

Could you see if either one of
the boys was carrying a gun?

No.

ZACK: Me and James, we
was just hanging, you know.

JACK: And what time was that?

I don't know, maybe 7:00.

We went to see James' old lady,

and on our way home
he says he wants a Coke,

but neither one
of us got a coin.

So what did you do?

James has this thing, you know,

'cause he kind of big and dumb,

so people get scared of him.

So he walks up to people
and they give him money.

You're saying he panhandles.

No.

He asks and they give him.

Like that night at
the cash machine.

He asked that lady for a dollar or
something, he says to get back home.

But she just turns around
and starts shooting at us.

I don't even know
what's with her.

Were you carrying
a gun, Mr. Rowland?

No way.

What about
Mr. Gordon? Him neither.

All right. Thank you.

VAN BUREN: I withdrew $300.

I don't usually carry
that much cash,

but I put the money in my purse

and I saw their
reflection in the glass.

One of them, the smaller
one, said, "I'll take it all, bitch."

I reached in my purse
as if to get the money

and grabbed my weapon instead.

I turned to them,

identified myself
as a police officer.

The shorter one had a gun.

He pointed it at me.
I fired my weapon.

The bullet went through
the arm of one perpetrator

and into the back of the other.

That's all.

You aimed at one of the
boys and you killed the other.

Yes. That wasn't my intent.

What was your intent? To
apprehend the perpetrator.

And to save yourself?

Yes.

Were you thinking
about your kids in the car,

what, 10 yards away
from the cash machine?

Of course.

You feared for your life,

you feared for the
life of your kids,

you were thinking about
apprehending Mr. Rowland.

That's a lot to be thinking about
in maybe two or three seconds.

I saw a gun, Mr. McCoy.

How long have you been
on the force, Lieutenant?

Going on 12 years.

Would you say
over those 12 years

that the majority of people
arrested for violent felonies

were African-American?

What are you implying?

Please answer the question.

I don't know.

What about your personal
experience, Lieutenant?

In your own precinct?

The majority of the arrests

were of non-Caucasians.

Was that thought bouncing
around in your head, too,

that night in front of
the cash machine? No.

So if it was two white kids
that came up behind you,

you wouldn't have
acted any differently?

Mr. McCoy, someone
points a gun at me,

the last thing I think
about is what color he is.

Are you having fun in there?

What do you mean?
Give me a break.

You're going out of your
way to give her a hard time.

There was no reason
to bring up race.

Wrong. There was
a 14-year-old kid

lying on the sidewalk
with a bullet in his back.

Lieutenant Van
Buren put it there.

She thought she was
being attacked. She thought.

There's a chance that
the color of the kid's skin

had something to do with that.

So you don't think
she was justified?

I think that's up to the
grand jury to determine.

I took away any
chance that kid had.

I know better than anybody
what's going on in the streets.

They pulled a gun on you, Anita.
You did what any cop would have done.

I busted my butt for 12 years.

I'm a black woman lieutenant

in the New York City
Police Department.

Do you have any
idea what that means?

I'm not any cop, Doctor.

If I was, I'd still be
writing parking tickets.

And now you're afraid of
losing all you've accomplished?

No.

I'm angry that everything
I've accomplished

is being ignored
because of a mistake.

Do you feel it was a mistake?

The mistake is that a kid died.

And the entire city
is trying to crucify me.

That's the mistake.

KIRK: There's really no point in waiting.
DONALD: She can call us at home.

VAN BUREN: Staring at
four walls? No, thank you.

Even if they return an indictment,
it's a long way from a conviction.

She's right, Anita. My
God, that was quick.

I guess they didn't
have much to discuss.

They no-billed you, Lieutenant.

Congratulations.

Mrs. Gordon,

I'm sorry about what happened.

JACK: You did what you had
to do, I did what I had to do.

I'm not looking for a kiss
and make up, Counselor.

But I would like to know
what you're going to do now.

And you have some suggestions.

If I'm telling the truth, that
means Zack Rowland's lying.

The grand jury failed to indict.

That's not the same as establishing
that you were telling the truth.

What's that supposed to mean?

The grand jury no-billed
you because they need you.

Like most citizens,
they're sick and tired

of what's going
on in the streets.

Are you saying they thought
I shot that kid intentionally

and let me go anyway?

I'm saying that they don't care.

They're just happy that he won't
be showing up at any of their ATMs.

Look,

as far as I'm concerned,
this case is over.

As far as the Chief of Detectives
is concerned, this case is over.

I'd say you had
a pretty good day.

I want to see the
grand jury transcript.

LOGAN: Someone should remind
him that we're public servants,

not public enemies.

BRISCOE He's
just being realistic.

He needs more than our
say-so to go into a courtroom.

Maybe we can give it to him.

Zack Rowland on the stand.

"We went to see James' lady and on
the way home, he says he wants a Coke."

Is there something
between the lines?

James' lady?

The retarded girl.

Gwen Sheffield.

She says she never
even saw Zack Rowland.

Looks like she's telling a
little white one, doesn't it?

(SCHOOL BELL RINGING)

I told you I don't know him.

I know you did, honey,

but maybe you didn't
recognize him from this picture.

We really need your help.

His name's Zack.

BRISCOE: Zack
Rowland. I don't know him.

He said that he and
James were at your house.

LOGAN: He also says
you have a crush on him.

I do not. I hate him.

So you do know Zack? I hate him.

He said he would shoot me

if I told about him and James.

Why would he do that?

He has a gun.

It's my fault James is dead.

My friend Debbie Green
has a bracelet I like.

James said he would get
me one for my birthday.

James said that to you?

No, but that's why he's dead.

It's not your fault.

Honey, how do you
know Zack has a gun?

He showed it to me.

It's on his roof.

It's on the roof?

Shall we all go to the
roof and look for it?

BRISCOE: Take your
time, Gwen. It was here.

Do you remember where he hid it?

Me and James and
Zack, we were here.

I was scared.

Well, don't be. We won't
let anybody hurt you.

Zack's bad.

Now, just try to think back,
Gwen. When did you see the gun?

After school.

You were standing here?

Where was Zack?

I think you're
getting warm, Mike.

There's something
caught in the pipe here.

Smoking.

Mr. McCoy, I know you've
been out of school a long time,

but you do need an
arm for armed robbery.

Read the complaint.

Your client is charged with
using a Raven model A-25,

which is presently
in the evidence room.

Hell, that ain't mine.

Gwen Sheffield says it is.

Yeah, and Bonnie never
testified against Clyde.

The dead boy's
girlfriend gives you a gun,

and you expect a jury to believe
that it belongs to my client?

I guarantee she's got
a lot more credibility

than this fine
upstanding citizen.

Oh, yeah, and who's not gonna
believe the pretty white girl?

Your client is a
felon, Mr. Osborn.

The fact that he's
black is not relevant.

Maybe to you.

It is relevant to a whole lot
of people I know in this city.

That sounds like
a threat. You bet.

I scream, "Burn, baby, burn,"

and something somewhere
goes up in smoke.

But, because by nature
I am a nonviolent man,

I'm willing to make
you this one-time offer.

We can talk deal,

but nothing that
includes jail time.

Then you'll be talking
to yourself. Fine.

Let's go, Zack.

We put Gwen on the stand
to prove it's Zack's gun,

Osborn will cross
her about the bracelet.

It adds to Zack's credibility.

Maybe we don't have
to put her on the stand.

They traced the gun
to Jeffrey Crockett.

He owns a candy
store on 96th St.

Don't ask me. That gun
was stolen six months ago.

You're obliged to
report it, Mr. Crockett.

Hey, come on. I'm just trying
to run a little business here.

Yeah. And I'm just
trying to put this kid in jail.

Why don't you just make
this easier for both of us?

He used to work
for me part-time.

He was a screw-up,
so I fired him.

He took a going-away present.

Let me guess, his
name was Zack Rowland.

Close. Tony Rowland. His
buddies called him G-Dog.

You want to mess with
these animals? Have fun.

BRISCOE: Yeah. Looks like Tony here knows
his way around a courtroom pretty good.

Five arrests.

Yeah, that's right, and
only one conviction.

And nine months
left on your parole.

I'm a model citizen.

(LOGAN SHUSHING)

You hear that sound?

That's the sound of your
parole being revoked.

Says who? Says the man,

says gun possession.

I don't see no gun.

Maybe you need
a new prescription.

Your former employer says you
took it without asking his permission.

And guess what?

That very same weapon was
used to hold up a police lieutenant.

What?

You guys is pulling
my crank, right?

We are gonna bury you

and we're gonna enjoy doing it.

Maybe I took the gun,

but I ain't used it.

Who did? I sold it.

Half a yard.

You'd take 50 bucks
from your little brother?

I didn't know he was stupid
enough to pull it out on cops.

Tony Rowland testifies
that he sold a gun to Zack.

Van Buren ID's it as the
gun that Zack pointed at her.

Doesn't leave much doubt.

ADAM: We go through a
two-week trial, we get a conviction,

and at sentencing his lawyer
cries about the hardships

of being an urban youth.

Who committed armed robbery.

Juvenile, first-time offender.

The judge'll give this
boy two years at Spofford.

Save yourself a migraine
and offer rob three.

I was thinking murder two
would be more appropriate.

No good.

The Gordon boy died

while Zack Rowland was committing
one of the proscribed felonies.

That makes it felony murder.

Felony murder doesn't
apply to accomplices.

James Gordon was retarded.

If his mental age was such
that he couldn't form the intent

to commit a crime,

he couldn't have been an
accomplice as a matter of law.

Adam,

I think we ought to re-arraign
young Mr. Rowland for murder.

Before we get charged
with abusing our discretion,

see how incompetent
this kid was.

James Gordon was
classified as severely retarded.

Could you quantify that?

His IQ was right around 40.

He was functional, but
required a lot of supervision.

What does an IQ of 40
translate to in intellectual age?

It doesn't. We don't make
those kinds of assessments.

Most of the training I did
with James was remedial.

Basically, kindergarten level.

But you put a paintbrush
in his hand, he was special.

Could he read and write? Barely.

I had to stay after
school with him

to help him learn to
spell his girlfriend's name.

Gwen? Guinevere.

It took him two weeks.

He was a sweet boy.

If he was involved, I guarantee he
thought it was some kind of game.

(BELL RINGING) I'm
sorry. Is there anything else?

No. Thank you.

"Docket number 98472, People
v. Zachary Michael Rowland."

Did someone press
a rewind button?

I think I heard this last week.

The People are adding a count
of murder in the second degree.

Mr. Osborn,

does your client understand
the charges against him?

Well, Your Honor, I'm not even
sure I understand the charges.

You see, the boys in blue have
got a little egg on their faces,

and they go after the first
black boy they can find.

I'm sure you'll tell all that
to the jury, Mr. Osborn.

Do we have a plea?

Not guilty.

You'll want some bail
this time, Ms. Kincaid.

75,000, Your Honor.

$75,000. Cash or bond.

(GAVEL BANGING)

Van Buren's original
statement to the police

and her grand jury testimony.

This should make good
bedtime reading for Osborn.

Forensics reports
including blood-typing,

police reports with
witnesses' statements,

Tony Rowland's statement to
Briscoe and Logan about Zack's gun.

I don't think the defense needs
to see Gwen Sheffield's statement.

The CPL says we have
to turn over statements.

Of witnesses. We're not
putting her on the stand.

Gwen said James needed
money to buy her a bracelet.

It's potentially exculpatory. Under
Brady we're obliged to turn it over.

If it were exculpatory.

Wait a minute.

Osborn could argue it proves James
Gordon had intent to commit robbery.

And he'd be wrong. First
year law school, Claire.

X murders Y to get his wallet.

X's intent is to kill, his
motive is to get the bucks.

The former is an element
of the crime. The latter is not.

A jury might think James' reason
for being at the scene is relevant.

And they'd be wrong, too.

Maybe James Gordon had a
reason to be on that street corner.

The bottom line is that fact
has absolutely nothing to do

with whether or not he was competent
to form the intent to commit a crime.

And I'm supposed to
risk my license for this?

No, and neither am I.

Nowhere do the
canons of ethics say

that we have to turn over irrelevant
and potentially misleading evidence.

I want to convict
this kid, too, Jack,

but we're walking
a very fine line here.

The law says I don't have
to give it to them, Claire.

And besides, I don't want to.

I saw the gun and then I
identified myself as a police officer.

This was previously
marked as People's three.

Is this the gun you saw
in the defendant's hand?

It's the same make
and model, yes.

But People's three

was not the same gun that
killed James Gordon, was it?

No.

Please, could you tell us what
kind of gun actually killed him?

It was a .38 caliber
Smith and Wesson.

And who owns it?

I do.

And who fired it? I did.

So, in your mind,

James Gordon must have appeared
competent enough to commit a crime.

Objection.
Competence. Sustained.

No more questions.

OLIVET: I never
examined him personally,

but I reviewed his
complete medical history

and interviewed
people who knew him.

And what were your findings?

James Gordon had a
form of mental retardation

known as microencephaly.

The frontal lobes of his
brain never developed.

And what is the
significance of that, Doctor?

He lacked the ability to
perform higher order activities,

such as logical
reasoning and planning.

So, in your opinion,

was he capable of forming
the requisite criminal intent

to perform a criminal act
as defined by the penal law?

No.

Now, James Gordon attended
school every day, is that correct?

In a special program, yes.

Yes. That's right.

Now his school

was on 103rd St.

He lived with his
mother on 138th.

Do you know how
he got to his class?

His mother said
that he rode the bus.

Oh, yes, the Broadway
line, I believe it was.

Now, do you know if he
traveled alone? Yes, he did.

So every morning,

he was capable of
making exact change.

He knew where to get on
the bus and where to get off,

and he repeated the same process
in reverse at the end of the day.

Only the frontal lobes
were underdeveloped.

This never affected his memory.

He was fully able to
perform rote activities.

Like pulling a stickup
job? Objection.

Sustained.

Thank you very much.
You've been helpful.

Olivet was convincing.

Tomorrow we put on the teacher.

(PHONE BUZZING)

Yes, right away.

Adam wants to see us.

Okay.

OSBORN: Can a cop
shoot an unarmed black kid

in the back and walk
away unscathed?

I say, only in America
can they then charge

his black friend
with that murder.

Only in America can
the white justice system

withhold evidence that would
indeed prove that he is innocent.

Can anyone explain
to me what that's about?

He must have found out that
James Gordon needed money

to buy his
girlfriend a bracelet.

Oh, that's the message.

What Gordon wanted to do
with the money is irrelevant.

I made a judgment call.

When a decision can have an effect
on the perceived integrity of this office,

nobody's judgment
counts but mine.

Do you really think I
would cheat to win a case?

Whatever I think,

you're gonna have to do your dance in
front of Judge Larkin tomorrow morning.

And if she finds against you,

you'll be lucky if you're closing
up the office before lunch.

OSBORN: Your
Honor, I personally know

that the DA's office is
withholding evidence.

This is ludicrous!

Calm down, Mr. Osborn. We don't
need you to pop a blood vessel.

I take it personally when opposing counsel
forgets that we have a constitution.

Nothing in the Constitution says

that the state has to make
the defendant's case for him.

OSBORN: Oh, is that right?

I seem to recall
something about a fair trial,

and a criminal
defendant's right thereto.

Or does this only apply
to white defendants?

You don't score any points
with sarcasm, Counselor.

We don't have to score
points, Your Honor.

We're the defense.
We're presumed innocent.

And it seems the only way the
prosecution can rebut that presumption

is to intentionally withhold...
Irrelevant and misleading evidence.

I'm sorry, Counselor,
but in judge school

they taught me it was my job to
decide what is or isn't relevant.

That's exactly my
point, Your Honor.

I'm entitled to a dismissal and
sanctions against both of them.

Everybody wants
to do my job for me.

You pushed the
envelope here, Jack.

Thank you. You're welcome.

But I can't say that what the
state did is per se unethical.

You can put the girl on
the stand, Mr. Osborn.

No harm done.

I saw James every day at school.

We ate lunch together.
He was my friend.

Did he ever give you presents?

He painted a picture
and gave it to me.

He bought me ice cream.

He was always giving me things.

Now, you just had a
birthday, didn't you?

Yes. Happy birthday.

Did James ever say
he'd buy you a gift?

Yes.

A bracelet?

I told him he didn't have to.

It was too expensive.

I just wanted him
to come to the party.

But he said he was
gonna buy it anyway. Yes.

How was James going to get the
money to buy that bracelet, Gwen?

He said he had a way.

Now, this is very important.

Does James have a job?

No.

Thank you, Gwen.

Did James ever tell you

that he was going to steal the
money to get you a present?

No, he's not like that.

He wouldn't steal.

I don't need an ID
bracelet that much.

Now all we have to do is hope
the jury understands the difference

between motive and intent.

ADAM: Good luck.

That's beyond most
members of the bar.

The girl's testimony killed you.

JACK: On the other hand,
Adam, maybe it helped.

James Gordon's
teacher told Claire

he wanted her to teach him
how to spell his girlfriend's name.

Gwen testified that James
wanted to buy her an ID bracelet.

Which would have
her name printed on it.

You think he already
bought the bracelet?

If he did, he didn't
have motive or intent.

Call Van Buren.

I've got to talk to you.

I told you on the phone
to stay away from me.

You want absolution,
lady, go to church.

You can help us
convict Zack Rowland.

What makes you think I want
to? You killed my son, he didn't.

It was an accident.

Well, doesn't that make
me feel a whole lot better?

Look, woman, you may be black,

but you are a cop, and to
me, you are nothing but a killer.

No better than anybody else
who shoots at kids and kills them.

I know you're suffering,
Mrs. Gordon... Suffering?

What do you know
about suffering?

You lost a week's
pay. I lost my baby!

And I know you'll
never get over it.

I killed him, Mrs. Gordon,

and I will never live a day
without that tearing me up.

I work very hard
to be a good cop.

I work very hard to
be a good mother.

And what keeps me up at night,
what scares the hell out of me,

is that none of it may
make any difference.

I don't want to see any more of
our kids dying on the street, please.

I need your help.

If you know anything
about that bracelet,

please...

MARJORIE: I gave
him a dollar a week.

He spent it on baseball cards.

My brother tells me he's
got some valuable ones.

He must've sold
them to get the money.

"Guinevere."

I heard Zack Rowland cut a deal.

Lieutenant, it's 9:00,

I'm in a bar, I've got a glass of
eight-year-old scotch in front of me.

I don't talk business.

Tell me something, Counselor,

were you born a wiseass,

or did it just
come with the job?

I'm a pussycat. You should
have seen my old man.

Your old man?

He was a cop.

You knew that.

If it had been him who was unlucky enough
to be in front of that ATM instead of you,

there probably would have been
two dead kids lying on the sidewalk.

And you would've dragged
him in front of the grand jury?

Damn right.

I would have got
an indictment, too.