Law & Order (1990–2010): Season 6, Episode 12 - Trophy - full transcript

Detectives Briscoe and Curtis investigate the murder of a young African-American boy who is found dead in the park. In his pocket is a note identical to that used by another killer of young black boys but who is still in prison for those crimes. The police think they may have a copy cat killer on their hands but when they get a confession from a security guard that he was responsible for all of the murders - including those from 5 years ago - evidence begins to mount that McCoy and his assistant at the time, Diana Hawthorne, may have railroaded the original defendant and not provided the defense with exculpatory evidence. Hawthorne is arrested and it's left to Claire Kincaid to get the conviction and clear Jack McCoy's name.

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.

WILLIAMS: Final out, '69 World Series.
Who made the catch?

Tommie Agee. Yeah, right.
What'd he do?

Take a subway over
from center field?

Maybe he ran.

Then he would've ran into Cleon
Jones, who made the catch.

Yeah. I saw it.

My dad loved the Mets.
He took me to all the games.

Okay, Einstein, who on the
Orioles hit that ball?

Davey Johnson.
You think I didn't know that?

I guess not.
You're the man who knows it all.

WILLIAMS: Hey, Garrity!


Oh, man.


MAN: Check it out.

What do we got?

A kid, he's dead 12, 14 hours.
I'd say 1800 hours yesterday.

A nice out-of-the-way
place to kill somebody.

PHILLIPS: You mean
dump somebody.

His sneakers are clean and
there's no blood on the ground.

You could've carried
this kid any place.

Look at the size of that crack.

PHILLIPS: Yeah, it's a
blunt object to the head.

There's no other obvious
marks or bruises on him.

He can't be older
than 12, maybe 13.

Yeah, that's about right.
Algebra 1, Lord of the Flies.

Let's see, "Derrick Walters.

"In case of accident or emergency
contact Estelle Walters." Great.


You done with this side?
PHILLIPS: Yes, sir. I am.

All right.
Let's roll him.

Three dollars.

Here's a pin
for blowing up balls.

Nobody on my block ever had
one when we needed it.

"They must be destroyed."

Let me see that.


PHILLIPS: What is that?
The school fight song?

Andrew Dillard.

What, the psycho?
The one who killed four black kids?

Five. And every one of them
had this note in his pocket.

Lennie, he's in prison.

Yeah, but somebody got
a hold of his playbook.

The warden at Sing Sing
did a headcount personally.

Andrew Dillard's present
and accounted for.

A copy cat, five years later?
Where's he been?

At home, watching
the Justice Network?

They just did a special
on serial killers.

Educational TV.

But Dillard
was a psycho racist.

Is that what's
driving this guy?

There's no sign
of sexual molestation.

Well, that doesn't mean
the killer didn't try.

There's no sign
of a struggle either.

Except a fractured skull.

Take a walk in the
dead boy's high-tops.

He still had his
school books with him.

He left school a little after
3:00 and never made it home.

That's a lot
of ground to cover.

The boy's mother's here.
She just made the ID.

VAN BUREN: Thanks, Gia.

I'll take it.

MRS. WALTERS: I went to the
police station last night,

and I took Derrick's picture
so they could go look for him.

VAN BUREN: What time was that, Mrs.


I got home at 7:00.

Derrick's always there
waiting for me.

The sergeant
wouldn't do anything.

He said that Derrick was
probably out with some friends.

I called his friends before I
even went to the police station.

Boys, they're not always good
at getting home on time.

We go to the market for our
dinner groceries every night.

It's our time together.

What does Derrick usually
do when school lets out?


He's on the team
at Saint Justin's Church.

It's right across
the street from our house.

And then he comes right home.

Can this wait?
I got to close to a jury in six minutes.

You prosecuted Andrew Dillard, right?

We found a boy dead this morning
with a note in his pocket.

"They must be destroyed."

It's not Dillard. He's serving
five consecutive life sentences.

He's copying Dillard.
Can you tell us what we're looking for?

Dillard had a rage
against young black males.

He was mugged. The police caught
the mugger, but he was acquitted.

So he thought the scales of justice
needed a little adjustment?

It wasn't logical. He killed good
kids, bad kids, whoever he met.

How'd he meet them?

Drove a delivery truck
for a bakery.

He'd see kids outside grocery
stores, hand out freebies.

Candy from a stranger.

He was in here
every night with his mom.

He was a nice kid.

I was teaching him Spanish,
one word a day.

Did he stop in
for a lesson yesterday?

Yeah. "Peligroso."
He could pronounce it, too.

CURTIS: Do you remember
what time that was, Rhonda?

That was about 4:30,
just after my break.

Did you see Derrick talking to anybody
on his way over to the register,

or on his way out?

No, just our security guard.

Is that him?

No, it was one
of the other guys.

The company rotates me around,
you know, stores, bank machines,

sometimes block patrol for a
neighborhood association.

And, yesterday,
the Gotham market?


I feel terrible about that boy.
I had to chase him out of there.

You chased him out?

Well, told him to move along.

He was looking at those
girlie magazines.

You know what's
in some of those?

You give him the standard
"You'll go blind" speech, too?

Store policy, you got to be 21.

Did you see him talk to anybody
after he talked to you?

He just walked away, alone.

BRISCOE: You saw him leave?
Which way did he go?

Out the door and...

It must have been right.


Well, he couldn't look at those
nudies when his mother was with him.

This guy has Derrick heading
north, away from his apartment.

He still had two hours
before mom showed up.

Maybe he was going
to go visit a friend.

His mother called his friends.

Hey, did your mother always
know all of your friends?

Derrick and me, we wasn't
really in it together.

Well, your coach says
you hung out together.

Only here.

It sucks that he got killed,
he was our best forward.

Carlos, you live a couple
of blocks uptown from here.

That's the way Derrick was
heading before he got killed.

I didn't do it.
I didn't even see him.

Hey, nobody said
you did anything wrong.

We just want to know
where he was going.

I don't know,

unless maybe to see Ernie.
He lives near me.

There's no Ernie on the team.

Ernie's a scout
for high schools.

He comes to some of our games.

Derrick said he was going
to get him a scholarship.

A kid you were scouting,
Mr. Bigelow. Derrick Walters.

Great hook shot
and a great kid.

If he did anything,
I'm sure it's a mistake.

I'll vouch for him
down the line.

Yeah, well, when did
you see him last?

Monday afternoon.
I was packing on my way to Rochester.

My sister had a baby girl.
I'm an uncle.


So you say you were packing
at your apartment?

Yeah, what's this about?

Derrick was killed
on Monday afternoon.

Oh, man!

What happened?

Well, that's what we're trying to find out.
What time was Derrick there?

About 5:00. He just sort of popped
in to watch highlight reels.

Northern Prep, that's the
school I was scouting him for.

Was that normal for Derrick to just
sort of pop in on you like that?

Once in a while. He liked to talk basketball.
I had to throw him out.

I was catching the train.
What time was that?

About 5:30.

He walked me to the subway and
then he said he was going home.

The athletic director
at Northern Prep says

that Ernie Bigelow
isn't even on the payroll.

Not a bad scam,
pretending to be a scout.

He freelances.

If he finds a kid the school likes,
they toss him a couple of bucks.

VAN BUREN: From that,
he makes a living?

Well, he used to be a high
school coach full-time.

I just got off the phone
with his former employer.

You find out why
he's not there anymore?

Yeah, "I don't know." "I don't remember.
" And, "I can't talk about it."

Sounds like maybe boys
and locker rooms.

Derrick Walters wasn't abused.

Not the day he was killed.

Well, what about the note?

Would get us looking
for a white man.

I don't know
how else to say it.

I didn't kill Derrick.

You want me to try it
hanging from the chandelier?

Trust me, if you killed this kid,
you're going to hang, all right.

You already told us, you were the
last person to see him alive.

Except for the guy
who killed him.

(SIGHS) You told us you kicked
him out of your place at 5:30

so you could catch
a train to Rochester?


Right. Well, we may be dumb cops, Ernie,
but we know how to read a timetable.

That train didn't
leave till 8:00.

I stopped and had dinner first, the
food on the train is terrible.

I don't remember you telling us
anything about dinner. You, Lennie?

I don't remember you
asking my full life story.

You asked when
I last saw Derrick.

Look, why am I supposed
to have done this?

I make my living recruiting kids
like Derrick, not killing them.

Well, we'll get to that, Ernie.

See, the people at your old
school are being very discreet,

but we're going
to get the story.

That has nothing
to do with this.

You like little boys.

That's ridiculous.
We'll see about that.

Look, what happened at my old
school was about gambling.

That's why I had to leave.

And you can prove that?

Look, to clear myself of this I have to give
you the name of a guy who'll break my legs.

So you can't prove it?


Save my seat.

So, what do you think?

Harbor Unit just
found another kid.

WARREN: We found him just offshore.

BRISCOE: How long ago?

Not very, he's fresh.

Do me a favor, shine your
light over here, all right?

Hey, he's got marks
on his neck.


That doesn't rule out
our guy though.

Dillard strangled,
stabbed and bludgeoned.

Bus pass.

Sean Monroe.
Twelve, going on nothing.

Hey, Lennie.

"They must be destroyed."

Yeah, yeah, we got the
message the first time.


He was my baby.

His sister, she's off
on her own now.

But Sean...


I did the Scouts with him.

I took him to church.

Sundays and Saturdays.

He'd run off on his momma.

Boy thought he knew better.

Just high spirits.

We should have locked him up.

Keep him out of those movies.

Keep him off the streets.

You know how hard it is to
get a boy to study geometry

when some idiot friend
of his has a gun?

Had Sean been in trouble?

This close.

I took a second job last year so we
could put him in private school,

the Cheever Academy.

Yeah. I've heard of it, good
sports teams, did Sean play?

It was required.
Sean played basketball.

Did he ever say anything about being
scouted by a guy named Ernie Bigelow?

Nobody'd be scouting Sean.

He sat on the bench.

Do you have any idea where Sean might
have gone after school yesterday?


When can I...

Sean wore a crucifix that
he got on his first communion.

When can I get that?

Same age, same color,
approximately same time of day.

Sean Monroe was a troublemaker,
Derrick Walters an angel.

Yeah, for a 12-year-old.

I don't know, there might be something
in the basketball connection.

No, I talked to the principal
at Ernie Bigelow's old school.

He was fired for gambling.

Plus, he was in Rochester the
same day Sean Monroe was killed.

I just confirmed it with his
sister and two of her neighbors.

Which leaves us...

Same age, same color.

I also talked to the M.E.
About Sean's crucifix. He wasn't wearing it.

Well, it might have broken off if
he was strangled with the chain.

There were finger
marks on his neck.

Serial killers
sometimes take trophies.

Well, there could be
a religious angle.

Derrick played on a church basketball
team, now the missing cross.

So we look for vampires
and members of the clergy?

Oh, now that's good thinking.
Get out of here, jeez!

Unfortunately, Sean didn't
have a lot of friends here.

Well, it looks like maybe he
didn't quite fit in, huh?

He didn't. But it wasn't race.
Class counts for more.

You explain that to Sean's parents
before you took their money?

They sent him here to keep him
away from bad influences.

We did everything we could
to provide that environment.

We'll need to talk to your bus driver.
Want to find out where Sean got off.

He wasn't on the bus. Since this
morning, I've talked to his teachers.

Sean cut his afternoon classes.

CURTIS: Alone?

We'll take that as a no.
Who else played hooky?

Vanessa Carey.

So Sean had
at least one friend?

What the boys didn't like,
a girl found interesting?

It was nothing.
These are children.

Well, the principal must have been wrong.
Vanessa doesn't cut classes.

Is that right, Vanessa?

Well, usually.

Where did you
and Sean go yesterday?

Who's Sean?

A classmate of your daughters.
He was murdered last night.

Murdered? Well, what's this
got to do with Vanessa?

CURTIS: Mrs. Carey.
If you could just...

Just nothing.
I have a right to know what's going on.

Then why don't
you let us find out, okay?


We cut class, Sean and me.

We were going to see a movie.

Then what happened?

We got to Broadway,

Sean met up with a couple of friends
from his old school. Felix and Damien.

I don't like them.
They do all kinds of stuff.

You knew them, too?

BRISCOE: What kind of stuff
do they do, Vanessa?

I don't know.
They talk about stealing.

Sean said we could
all hang together.

I said he could go with them
or he could go with me.

And he went with them?

I went to the Museum
of Natural History.

Well, both of your parents are on
their way down, and you know what?

They weren't too thrilled to
be hearing from the police.

Look, I don't know what you think you got.
You're wasting your time.

Well, what do you
want us to tell them?

That you're helping us out
or that you're under arrest?

You can't even talk to us without
them anyway, or without a lawyer.

Well, Damien,
that's if you're a suspect.

You're here as witnesses.
Witnesses to what?

CURTIS: When's the last time
you saw Sean Monroe?

Long time before he got killed.

Look, why aren't you out
trying to solve who did it?

Good idea, why don't
you help us out

by telling us what you were doing
with him yesterday afternoon?

We wasn't doing nothing.


And where wasn't you doing it?


You know what, Rey? I think these punks
are going to need lawyers after all.

I'm sure your parents
won't mind paying for them.

We were at Broadway and 96th,
where the stores are at.

What's it matter?

They don't care
about the small stuff.

What were you doing?

Picking up things.

CURTIS: From the stores?

No, off coconut trees.

Let's try it without
the cracks, all right?

Now, was Sean
picking up things, too?

Till he got caught.

Where was that, what store?

I don't know.
We split up.

I came out of Goody's and saw
this cop had him by the neck.

And I just broke out.

They call it
community-based policing.

I call it walking in circles
with 20 pounds on my waist.

I guess I'm lucky.
All I have to carry around is junior here.

Ever seen this kid?

Yeah. Wise guy.
What did he do?

Got killed.

I thought he was
a little young for that.

Him and his buddies are
still stealing water guns.

You see him stealing anything yesterday
afternoon, a little after 2:00?

A little after 2:00, I was resolving a
parking-space dispute on Riverside.

Well, his friends say they saw him
getting nabbed by a cop on this block.

It wasn't me.

And if it was a uniform,
it wasn't anybody else.

'Cause I am the
community-based policeman.

You still have
radio cars around.

Those guys don't stop here unless they
hear gunfire, or to make fun of me.

Well, thanks.

I don't think Sean's friends
were making this up.

Well, from right here, Lennie, I
can see three security guards.

Maybe it was one of them.

I don't know, these kids
know the difference

between a rent-a-cop
and the real thing.

From a hundred yards, running scared,
with six hot CDs in their pants?

So where do you want to start?

Derrick Walters was chased out of a
store by a security guard, right?

That guy who
rotates around town.

I don't have to go with you
if I am not under arrest.

Well, there's
no problem, Simon.

You can help us out right here.

Help you how?
This is Sean Monroe.

Did you see him yesterday?

BRISCOE: Your dispatcher said
you were working near Broadway.

I don't know that boy.

Well, there's a little coincidence
that's kind of bothering us, Simon.

See, two days ago, Derrick Walters had a
run-in with you at the Gotham market,

and a couple hours later
he was dead.

Now, yesterday, this boy had a run-in
with a security guard on Broadway,

and he turned up dead.

You're not being logical.

I'm not?
Why is that, Simon?

There's a lot of security guards on Broadway.
I see them all the time.

Yeah, but only one of them was with
that first boy before he was killed.

You see what I mean?
It's circular reasoning.

CURTIS: Hey, I see you
keep a Bible here, Simon.

Well, I like to read it.

What? No TV?

There's nothing worth watching.

See, I don't think
it's circular reasoning.

I mean, you can see why we're
suspicious, can't you?

Just give me
an alternate explanation.

How do I even know
you're telling me the truth?

I'll tell you what, Simon.

You swear on the Bible you
never touched those boys

and we'll walk
right out of here.

The Bible is not
for playing games.

This is no game.
This is serious.

This is a crime.
But I didn't do it.

And I'll believe you. Just swear to God.
Put your hand right there.

Go ahead, swear to God.

Go ahead, put your hand down
on that and swear to God.

You don't know
what you're asking.

You got a problem
with that, Simon?

They were sinners.

VAN BUREN: Derrick Walters
and Sean Monroe?

Both of them.

Well, there are a lot of sinners in
town, Simon, why'd you pick these two?

You wouldn't understand.

Help us.

I'm telling you what I did,
isn't that all you care about?

That's not the way it works.

This one

looked at filthy magazines.

A lot of people looked
at that rack, didn't they?

He was wearing an image
of Saint Justin.

It wasn't just lust.
It was sacrilege.

What image?

On his head.

A hat from his basketball team.

Justin was a martyr
to our Lord.

And the other boy,
he was wearing a cross.

SIMON: Mmm-hmm.

And he stole,

defiling our Lord.

He had to be destroyed.

The same notes
Andrew Dillard left.

Did you get the idea
from reading about him?

It wasn't an idea.

God put them in my path.

But you wrote those notes, why?

So people would understand.

You thought Dillard
hadn't made the point?

He had nothing to do with it.

Not with Derrick and Sean.

Not with any of it.

I killed those boys.

I killed all those boys.

You just gave
Dillard the credit.

I guess you checked this out?

Brooks knows places, times of death,
methods, and he kept souvenirs,

religious medals or crosses,
off of every one of the kids

that Dillard was
blamed for killing.

And the parents ID'd them.

But after Dillard went to prison, the
killings stopped for five years.

Well, when Dillard got arrested,
Brooks told his mother what he'd done.

Now, she didn't give him up, but
she put him on phenothiazine,

some kind of sanity juice.

It and she kept him in check,
but she died two months ago,

and he started missing
his appointments at Bellevue.


Hey, the system's not perfect.
It's one in a million.

My one.

Everybody's calling, from The
Times to The Enquirer.

What do I say about
Andrew Dillard?


Tell them your staff is so good, they
can even convict an innocent man.

How did this happen? You and Diana
Hawthorne, two of my best people.

Had a very strong case.

Dillard was a racist and a nut.

Fibers on the victims were the same
type as his delivery man's uniform.

His handwriting matched
the notes on the victims.

He was seen arguing with one of the
victims the same day he was murdered.

And no one saw him
murder anybody.

Most killers aren't thoughtful
enough to provide witnesses.

Yes. Right.

We do circumstantial cases
all the time.

I hope Mr. Dillard
is understanding.

Meanwhile, I moved him
downstate, pending release.

He wants to meet.

If we're lucky, he may just ask
for a pound of your flesh.

Five years of my life.

You know what I learned?

How to make a shiv
out of a toothbrush.

I am sorry, Mr. Dillard.

I spent most of my time in a cell
about the size of this table,

to protect me
from the brothers.

You said I killed black boys.

That's the way
the evidence pointed.

My ass.

Go on. Tell him.

What he did.

My client is referring
to our claim

that you intentionally engaged in a
malicious and wrongful prosecution.

Intentionally? I don't like what
happened, but my conscience is clear.

What about your memory?

This statement was taken by a detective,
two months before Mr. Dillard's trial.

It was never turned
over to the Defense.

"Regarding Jaleel Franklin"?

He was victim number three. The one Mr.
Dillard was seen arguing with.

A witness told the detective
she saw the boy an hour later

walking into Central Park
with a black man,

Simon Brooks.

She called me when she saw
his face on the news.

I've never seen this before.

Isn't that what prosecutors say when
they bury exculpatory evidence?

He specializes in this kind of case.
Can you believe it?

Keep it.

It's the basis of our
suit for $50 million.

I've made copies.

Malicious prosecution, false
imprisonment, tortious interference.

Do you want to order?

We'll just be a minute.

Isn't there a rule about
not making it personal?

Haven't you heard? I personally,
deliberately, suppressed evidence.

It's ridiculous.


"Right?" That's a ringing

Jack, you have made
some pretty close calls.

You want to co-sign
the complaint?

Does it occur to you that the
detective who took that statement

might not have given it to me?

What would his motive be?

What's mine supposed to be?

I'll look into it.

Thank you.

The Dillard case?

Two hundred cops were
tearing the city apart.

I got called in off of public
morals to canvass 110th Street.

And you found this witness?

Laverne Chalmers.

Third-floor apartment, walks with
a limp, offered me Ovaltine.

You remember all that?

It's part of the job,
Ms. Kincaid.

Well, didn't you think it was strange that
what she said never came up at the trial?

I turn the statement over to the D.
A., the witness never shows up.

I mean, that's not unusual.

Maybe somebody investigated and
found out she hears voices.

Maybe she dropped dead.

But you're sure, you did
hand over the statement?

Put it in the D.A.'s
hand personally.

My partner was there.
You don't believe me, ask him.

To Jack McCoy?

No, the other one.

A good-looking woman,
like you.

I love you too, Donald,

but I don't think the judge is going
to care about your plastic surgery.

That's right, 9:00 a.m.
See you there.


The part of private
practice I hate, clients.

It was filling out time
sheets that kept me away.

I was served with the
Dillard lawsuit yesterday.

Jack's got you on the case?
He doesn't trust the city attorney?

Call it
an internal investigation.

I'm just trying to
find out what happened.

Jack must be frantic,

trying to figure out how to pound
out all the dents in his integrity.

Maybe you can help.

The detective who took
the missing witness statement

said that he never
met with Jack.

Only with you.

I've met a lot of detectives.

If he gave me that statement,
I turned it over to Jack.

He was the lead prosecutor.
You know what that's like.

He says he never saw it.

What do you expect him to say?

Well, I expect him
to tell me the truth.

Oh, my!

Look, Claire?

You know how Jack operates.


But if he never even
saw the statement...

Fine. It got lost.

It happens.

You don't believe that?

I know Jack McCoy.
I worked with him for four years.

I know.

And I slept with him for three.

I know.

And maybe that's
affecting your judgment.

And it's not affecting yours?

(SOFTLY) You are sleeping
with him, aren't you?

The cop says he gave the evidence to Diana.
Diana said she gave it to you.

Actually, she says if she
got it she gave it to Jack.

"Lf, if, if.
" That makes us look so much better.

We'll get to
the bottom of this.

The damage has been done.

We've got cops all over the
country manufacturing evidence.

Criminal justice system
held in contempt.

And now this gangrene creeps
into the prosecutor's office.

This prosecutor's office!

So we just board up the windows
and go out of business?

No, we suspend you.

Until I know what happened.

Am I permitted to participate
in my own defense?

I am not banning you
from the building.


pleadings, forensics.


No statement.

Does it matter?

If it's there, I concealed it.
If it's not, I destroyed it.

I got a notice
from Dillard's lawyer.

He wants to depose me.

I was in law school
when this case happened.


"Ms. Kincaid,
do you believe

"the defendant McCoy concealed
or destroyed the statement?"

Objection. I wasn't there.
What I think is irrelevant.

You can't object.
It's a deposition.


"Have you ever seen the defendant
McCoy withhold exculpatory material?"


The Rowland case.
The statement of the retarded girl.

That went to motive.

It's not an element
of the crime.

The judge disagreed.

"So, Ms. Kincaid,

"have you ever seen the defendant
McCoy withhold exculpatory material?"


You're going to say that?

I have to say that.

I didn't believe
I had a duty to disclose.

"He didn't believe
he had a duty to disclose."

Does that help?

Not if you say it like that.

Jack, what did the handwriting
expert testify at the trial?

That Dillard's writing conclusively
matched the notes found on the bodies.

Experts make mistakes.

Do they?
Here's his initial report.

He was unable
to come to a conclusion.

What changed his mind?

He was Diana's witness.

What can I say?

The notes found in the dead boys' pockets
were block printed, not scripted.

That makes it hard
to judge letter formation,

whether the writing
is halted or tremulous.

You told the jury the tremors

definitely came from an attempt by
Dillard to avoid identification.

And that's not what you said
in your initial report.

Mr. McCoy, you were the prosecutor,
you know what happened.

What happened?

I spoke at length with Ms.
Hawthorne, your associate.

The other evidence.

What did she say?

That you had incontrovertible physical
evidence that Mr. Dillard was the killer,

and that it was thrown out
on some technicality.

She told me to make my evidence
as strong as possible.

She asked you to lie?

Well, she said it wouldn't be a lie,
because Dillard did write the notes.

He was the murderer.

You didn't think to talk
to me about this?

Well, I wanted to, but Ms.
Hawthorne said that you were too busy.

That it wouldn't be necessary.

So you just said the writing matched,
even though you couldn't really tell?

A serial killer of children
was about to go free.

I was told I was the only one who
could prevent that from happening.



I begged you to get rid
of that coat eight years ago.

You suborned perjury.

You never showed me
the witness statement.

I've been suspended.

Two boys are dead.

Wonderful opening statement.
Concise, but strong.

I'm sure Claire is learning
a great deal from you.

For the past three hours, I've
been trying to figure out

what the hell
you were thinking.

What you were thinking.

Win the case.
Like that?

How many times have I seen you
reject unreliable witnesses?

How many times have I seen you
give experts a little pep talk?

How many times have I seen you use a
footnote to the fine print of the CPL

to avoid giving something
to the defense?

You crossed a line
I never came near.

Get off it, Jack.
You know what I did.

Exactly what you wanted me to.


The city needs this over.

Dillard is getting $3,000,000
to settle his suit.

Thank you, sir, and I'm
very glad to be back.

Make yourself at home.

Diana Hawthorne was
a very expensive employee.

CLAIRE: She's as good
as disbarred.

The ethics committee has
already taken statements

from the detective
and the handwriting expert.

JACK: It's not enough.

I'm sure they'll be
talking to you, too.

Disbarment's not enough.

It's over.
Get back to work.

Derrick Walters and Sean
Monroe were murdered

because we put
the wrong man in jail.

Diana Hawthorne is responsible.

Not criminally. There's no law
against prosecutorial misconduct.

What kind of message
does that send?

How can we expect people
to have confidence in us

if we don't go after
bad prosecutors?

But how? You want to charge Diana Hawthorne
with murder? The law doesn't fit.

Turn the page.

Criminal facilitation.
She engaged in conduct

which provided a person with the means or
opportunity to commit a Class A felony.

You want to step into a pit
of snakes and scorpions?

Right now, you're cleared,
you're out of it.

You want to try to put Diana
in jail for 15 years,

she'll do anything,
say anything.

I'll take that chance.

CURTIS: Diana Hawthorne, please?
She's tied up right now.

We'll untie her.

Just take it easy.

Who are you?
Police. Stand up, please.

Diana Hawthorne,
you're under arrest

for criminal facilitation
in the second degree.

You have the right
to remain silent.

Anything you do say can be used against
you in a court of law, you understand?


It's absurd, Your Honor, Ms.
Hawthorne cannot be held responsible

for the actions of an insane
serial killer she never met.

Look at the statute.

She provided Simon Brooks the
opportunity to commit these crimes.

If the police hadn't stopped looking
for him, he would have been in jail.

FOX: If they had caught him.

They seemed to think Andrew
Dillard was guilty. So did you.

We all would have changed our minds if Ms.
Hawthorne had acted properly.

And the massive manhunt for the
real killer would have resumed.

How could I believe I was aiding
a man I didn't know existed?

You didn't know his name.

You knew somebody was killing young
boys and it wasn't Andrew Dillard.

No, I thought it was
Andrew Dillard.

And how could you possibly prove
what I was thinking, anyway?

It can be inferred from the existence of
the witness statement you were concealing.

Who says she concealed anything?
Her embarrassed former colleagues?

I suggest we find out,
Mr. Fox, at a trial.

Your motion to dismiss
is denied.

It's a cover-up.
Mr. McCoy is worried

about saving his own reputation
and so he's scapegoating me.

I was following his orders.

The Nuremberg defense?
Who does that make me?

All right.
That's enough.

We'll hear the rest of this when Ms.
Hawthorne's attorney cross-examines you, Mr. McCoy.

I assume that you'll be
prosecuting, Ms. Kincaid?

Have your clerk contact mine
about a trial date.

I had no knowledge of Ms.
Hawthorne's conversation with the expert witness,

and if I had known, I never
would have condoned it.

What she did was not standard
practice in your office?

Absolutely not.
I followed

and I expected
all of my associates

to follow the rules
that apply to all lawyers,

as well as their
responsibilities as prosecutors.

Would you tell the jury what
that responsibility is?

We represent the people
in a search for justice,

which necessarily
means the truth.

It's not a competition
and we're not paid to win.

Thank you.
No further questions.

Mr. McCoy,

did you convict a man named Hank
Chappell of murder last year?

JACK: Yes.
Was he guilty?

No, the real murderers
conspired to frame him.

When I learned that,
his conviction was voided.

But you did manage to convict an innocent
man without any help from Diana Hawthorne?

JACK: Yes.

And as you were
preparing to try that case,

conducting your search
for justice and truth,

you found no indications
the man was innocent?

Isn't that odd,

considering he was innocent?

He appeared to be guilty.

Not a single hint
of the truth to be found.

Or maybe you did find one
or two and overlooked them.

Objection. No foundation.


In the matter
of Andrew Dillard,

you testified

you never saw the witness statement
pointing to the real killer,

and you never had a conversation
with your key expert witness.

Nothing substantive.

Aren't those odd omissions
for the lead prosecutor?

I believed I was ably
assisted by the defendant.

FOX: Whom you trusted
because you'd trained her.

JACK: In part.

You were her supervisor.

JACK: Yes.
And her lover.

Objection. Relevance.


Yes, we were lovers.

Do you recognize the handwriting
on this note, Mr. McCoy?

I don't think
you'll need the expert.

It's mine.

Would you read it?

"Diana, thanks for an amazing night.
I had to get to the office early.

"It's time to nail
Andrew Dillard."

What'd you mean,
"Nail Andrew Dillard?"

Prosecute him vigorously.

How decorous. You sure you
didn't mean nail Andrew Dillard?

JACK: It was facetious between
two people who were close.

FOX: You certainly were.

What Ms. Hawthorne
is accused of doing,

wouldn't that consist of"
Nailing Andrew Dillard?"

It's not what I intended.

So she didn't read your mind.

To convict Andrew Dillard, didn't Diana
Hawthorne, your subordinate, your lover,

merely do what you told her?

I never told her
to break the law.

Why would I?

There's no value in
incarcerating the wrong man.

Really? Weren't you promoted
to your current position

three weeks after
Dillard was convicted?

I was told I'd be getting that
position a month before the trial.

FOX: It wasn't final.
You could have lost it.

Didn't that give you
extra incentive to win?

No, that was not a factor.

Oh. Did you celebrate
your promotion alone?


With Ms. Hawthorne?


FOX: How?

I took her to Ireland.

DIANA: Everything I knew about being
a prosecutor, I learned from Jack.

And that included the handling of
potentially exculpatory evidence?

In my judgment that
witness was unreliable.

Jack always said, "You have
prosecutorial discretion. Use it."

And the handwriting expert?

Jack said an expert is
useless unless he's sure.

I took great pride in my work.

What happened in this case is a
prosecutor's worst nightmare.

I never intended to
convict an innocent man.

Thank you.

Ms. Hawthorne,

you took a solemn oath as an attorney
to uphold the law, didn't you?

Jack took that same oath.
I saw how he followed it.

Really? He never told you to conceal
evidence or suborn perjury, did he?

I never did either
of those things.

Come on.

We've heard from the detective
who gave you the statement.

We've heard from the expert
who you told to lie.

Did Jack McCoy ask you to conceal
evidence or suborn perjury?

Not in those words,
but he was driven to win,

and he taught me
to be the same.

Forget him. I mean, you're the
one who was so eager to win,

you betrayed the principles
of your own profession.

Objection. Argumentative.


You got a lucrative job in private practice
after the Dillard case, didn't you?

DIANA: It was
a year later.

It was a lucrative job.

Well, I never looked
for that job.

I wanted to spend my entire career
in the district attorney's office.

You left voluntarily,
didn't you?

I left because I no longer felt
comfortable working with Jack,

after our relationship changed.

You mean after you
stopped being lovers?


Your boss and your lover, that's
a pretty strong influence.


So I did what
he wanted me to do.

But why would he want you to do something
that could jeopardize his career?


It got him his promotion.

Was that on your mind?

Was it,
Ms. Hawthorne?

At the time, no.

But you knew
he wanted that promotion.

Well, it wasn't a secret.
He's very ambitious.

CLAIRE: And you wanted
his admiration?

Yes, he was my boss.

And your lover.

You wanted his affection.


And what better way than to make
him a gift of that promotion?

That's not what this was about.

Of course it was.

He never asked you
to do anything.

You decided to get him
what he wanted.

And like all good gifts,

it was a surprise.

The smell of this place.

We worked a lot of nights.

You shouldn't be
talking to me, Diana.


Well, I think
we broke a lot of rules.

She's a smart girl, Jack.

I don't think until today
I even admitted it to myself.

That you committed
a heinous crime?


That I did it for you.

For my man.

I didn't know women like me
did things like that.

I never asked you.


But I thought
you'd be grateful.

You didn't need my gratitude.

Yes, I did, Jack.

And here we are.

I took her plea, facilitation
in the fourth degree.

She does six months and
gives up her license.

I've got habeas motions
on my desk

from every defendant
she ever came near.

I'll go through them.

You bet you will.

You didn't have to
take the deal, Claire.

You could have won the case.

I know.

But I thought
that's what you wanted.