The Streets of San Francisco (1972–1977): Season 3, Episode 15 - False Witness - full transcript

Tag him?

Not for making
an illegal right turn.

♪♪

- Is that Chico?
- Yeah.

- There's the buy.
- Yeah.

- I'll take Perez.
- Okay.

You're making a
big mistake, kid.

I don't think so, my friend.

Central one to headquarters.

Go ahead, central one.

Yeah, I got a 904 code
three at 595 Shiplee.



Officer has one narcotic
suspect in custody.

Partner is in foot pursuit
of another, east on Carsey.

Hang a right.

Stop! Right there.

Aw, man!

You just cool it
and turn around.

Hey, man, I'm a jogger!

You on central one?

Yes, sir. Officer Bryce.

Hey, you Jimmy Vega's partner?

That's right. Okay, where is it?

I'm a jogger, man! I
ain't, I'm not holding!

His name is Chico.

He's got a list as
long as his arm.



You're gone, man.

You're gone.

A half kilo of
street-grade heroin,

in my book, is possession.

The car didn't belong to
Perez. It was a rented vehicle.

So what? He was the
one driving it, wasn't he?

The car had been
driven by 23 other people

in the last 30 days.

Any one of them could
have hidden that stash.

But they didn't.

No, and neither did
Perez, or so he says.

What does the D.A. say?

He said to let him go, so I did.

What about the other guy?

Same thing.

You didn't bring anything
in with him, did you?

I'm telling you there was a buy.

Tell it to your lawyer when
you get sued for false arrest.

He'll get hysterical.

Then he'll tell you to take
out a second mortgage

so you can pay the judgment.

But I saw it!

Hey, Jimmy, Jimmy, easy, easy.

How long have you
been on the force, Vega?

Five years.

Well, in all that time, didn't
anyone get around to mentioning

to you that we have stringent
search and seizure laws?

Yes, sir.

Then maybe you'll understand
what I'm trying to tell you.

There was no violation of any
law for which you stopped Perez.

No provable violation,
therefore, no legal arrest.

Therefore, no legal search.
Am I coming through to you?

Sure, but that doesn't change...

Now here's the snapper:

when you put the cuffs on Perez,

you violated his
constitutional rights.

Constitutional rights?
He deals narcotics!

No, he deals tacos. He's
got half a dozen stands.

It's the only business
anyone can prove he's in.

So if you want to nail
Perez for narcotics,

you'd better find the
stuff right in his pockets.

Look, Gerry's okay.

He can't try a case
without evidence.

Look, if you had found where
Chico had dumped that stash

or if Perez hadn't been
driving a rented car,

everything would've
been different.

Yeah, well, it'll be
different next time

'cause I'm gonna nail that man.

Well, what's the problem?

Why are you making
it such a cause?

He cripples people, Steven.
He sells junk, remember?

You're gonna have to prove that.

And within the law.

I know that.

Yeah, well, uh, we'll just write

some nice, polite
traffic tickets tomorrow.

I'm going home. See
you in the morning.

Yeah, me, too. Nice to see
you again, Steve. Lieutenant.

Wait a minute. I'll
walk you to your car.

- See you tomorrow.
- See you tomorrow.

Too long, Jimmy, just too long.

Really?

Hey, you want
to make it tonight?

Tonight? I got a lady tonight.

So bring her along.

I know a place that's
gonna be a real happening.

- Where?
- My mamacita's house.

- Yeah?
- We're throwing her a birthday party.

She's 60 years old.

- 60?
- 60.

Gotta be a biggie, huh?

For sure. She'd like to
see you, too, I'm sure.

I'll be there.

Great. Any time after 8:00.

- Okay. See ya.
- All right.

You still play
pretty good, Papa.

Thank you.

Mira, Mamá.

How beautiful!

Who are they for?

The card says they're
for the birthday girl.

Any girl here having a
birthday besides my mom?

They must be for you.

Well, let's see who
they are from, huh?

Oh, how pretty.

"Happy birthday,
Mama. Much love, Steve."

I didn't know what else to get
you, Mama. Happy birthday.

Oh, thank you, Steve.

I love them. I love
them. Thank you.

Thank you so much.

Jimmy, teléfono.

Ramon, help me find
something to put this in, huh?

Hello? Who's this?

This is Chico.

Chico?

I want to talk to
you, Jimmy, okay?

What about?

Perez. You want him bad, right?

What's the hustle, Chico?

Hey, hey, hey, compadre,

this is me, Chico.

We go back a long time, man.

I mean, you can trust me.

You're a junkie, Chico.

I don't trust junkies.

What about Ernie Silveira, man?

He used to turn on, right?

And you used to
trust him, right?

Man, we're no different.

Look, Perez has got the
hook on me, I want to get out.

Is this straight?

This is straight.

Hey, if you want to
hear what I have to say,

why don't you meet me
at the Sausalito Ferry slip?

Maybe.

If you want Perez.

He's gonna be in the
slammer for 20 to life.

You be there...
in a half an hour.

Hey, Jimmy.

It's cool.

Yeah?

So what's up, Chico?

I've got a message from Perez.

Keep off his back.

And you got her off?

She didn't even
have to go to jail?

Not one day.

Oh, you must be some
kind of genius, honey.

Isn't he, Dorothy?

A real abogado.

Hey, hey,

You haven't had to
spend any time behind bars

since I've been your
lawyer, have you, baby?

Why would anyone
want to send me to jail?

How could I possibly
offend this righteous society?

Me?

Did I ever offend you, Roberto?

No. If you did...

You'd break my arm.

Hello?

This is he.

I'll get you, Perez.

I'm gonna nail you.

Who is this?

I'm gonna break you.

Who is this?

Jimmy Vega, mister,
and you hear me good.

One way or another...

you are finished.

Hello?

That dumb cop just
threatened me, Counselor.

And it's all on the tape.

Whatever happened to Jimmy?

Jimmy...

Cops...

Cops, they appear,
someone blows a whistle...

disappear.

Any whistles at your place?

Definitely not.

Come on.

Hey.

Are you a cop?

Can I help you?

And you're a good
friend of Jimmy Vega's?

Who are you?

Just tell him to
freeze on Perez.

You got that?

Tell him to leave Perez alone...

or he's one dead Chicano.

Morning, Steve.

How you doin', Mike?

Did you get the coroner's report

on that guy who
went off the bridge?

No, no, not yet.

What is it... you got
something more interesting?

Looking over Jimmy Vega's files.

How come?

Just curious.

Curious?

Since when did you roll
out of bed at 6:00 a.m.

for anything but to
satisfy your stomach?

Since I started getting late
night messages from a lady

telling me a friend of
mine's gonna get killed

if he doesn't lay off
a certain Mr. Perez.

Did you pass the word?

Yeah, I called
Jimmy this morning.

He didn't take it too
seriously, though.

Sounds kind of serious to me.

That's what I thought, so
I was going through here,

trying to find out why
they're so hot at each other.

- Did you find anything?
- Nothing yet, nope.

Well, here's a pretty
heavy narcotics bust.

Yeah, but that was
over a year ago.

Didn't involve Perez.

How long have you known Vega?

About five years.

We went to the academy together.

Oh, yeah, yeah, I see that.

1969. Huh.

Yeah, you barely
went through together.

Looks like he must have been
the low man on the totem pole

with these marks.

How did he get through?

Hard work... a little
help from his roommate.

You.

Yeah. Yeah.

But he held me, too.

He gave me such a
background on the streets,

I couldn't get anywhere.

Dropped out of high school.

He's got a high IQ.

What was his problem?

He went in the Navy.

His father got sick,

and he had to make
money for the family,

so he got his high
school diploma there.

What took him to the academy?

The barrio.

You come from there, man,
you want to clean things up.

It meant a lot for
him to be a cop.

It meant a lot
for his family, too.

So he presses, he
keeps on pressing.

Maybe a little too hard,
like he did yesterday.

It's possible.

You know, everybody's
not cut out for this job.

Maybe you made a
mistake by helping him.

Well, that could be, but
that doesn't explain why

he and Perez are at
each other's throats.

No, it doesn't.

So why don't you
just ask one of them?

Hey, why don't you just
drop this Perez thing?

It's personal.

Yeah, I can see that.

- He the one worked you over?
- No.

Had something to do
with that girl, didn't it?

What's her name, Dorothy?

I'll be around five minutes.

Don't get hurt.

Who... Who... Who is it?

Open up, Chico,

or I'm gonna put a hole
where I think you're standing.

Hey...

Hey, Jimmy.

He made me do it.

I swear, man.

He put a gun in
my eye, you know?

Oh!

Oh, my...

Hey, man...

I'm telling you,
he made me do it.

He said he was gonna kill me.

Dorothy, too.

He said he was gonna hurt her.

He... he said he knew... he
knew how you felt about her, man.

He said he didn't
want to hurt her,

but he had to get
through to you somehow.

I knew we were gonna work
you over... but Dorothy, man...

How is Dorothy?

She's bad, man.

How bad?

Not as bad as Ernie, you
know, but she's getting there.

A hundred a day.

But she's a good hustler, and...

Shut your mouth!

Sure, sure, Jimmy.

Sure.

Listen to me.

I could zap you anytime.

Yeah.

But that would only
be one less junkie

and that's not
really good enough.

¿Comprende?

You want Perez.

Tha-That's right.

I want him, and you are
going to give him to me.

Oh, man, I can't...

Listen.

We both come off
the same streets.

You know and I know.

You could be walking along,
the next thing about you,

you're in that cold room
with a tag around your toe.

M-Maybe... we can talk about it.

Look, I, I appreciate
your concern, but...

it's all over.

Perez is set up.

He's set up?

We're gonna bust him tonight.

We?

What you mean
"we," kemosabe, huh?

I mean Bryce and me
for sure and you hopefully.

Now, wait a minute, what
are you talking about?

I don't even know the guy.

I do.

This is really
personal, isn't it?

Yeah, it's personal.

So how close to home?

Try knocking right next door.

There was this friend
of mine... Ernie Silveira.

From the sandbox to
the navy, me and Ernie...

Like brothers.

When he got out, he did junk.

I didn't know a kid on
the block who didn't,

but with Ernie it took.

Then he OD'd.

He OD'd.

He was my best friend.

Perez turned him on?

Turned him on, fed his habit...

even sold him the
rotten junk that killed him.

But look, that's, that's that.

But I've got Perez now.

I've got him and now
you got to help me.

Narcotics, Jim.

It's not my department.

Please.

Look, I want this
one for myself.

I don't want to
give it to Narco.

I want it for me,

for Ernie, for every kid in
the barrio he's strung out.

I can do it, I know I can
do it, but I need a little help.

Your kind of help.

It's got to be legal.

You get a warrant
or you forget it.

We'll get one.

You know that pretty good
horn player Tony Karo?

Yeah.

Yeah, well, he can't even
blow middle "C" anymore.

He's down to
making deliveries...

Mostly legit but
junk on the side...

And he's delivering
to Perez tonight.

It's 8:30, right on the nose.

Let's go.

♪♪

Freeze. Police.

All right, Karo, get your
hands right over your head.

Wouldn't you know?

Now you read him his rights.

Let's go use that warrant.

Who is it?

Open up.

Just a minute!

Hold it! Police!

Hold it!

Drop it, Perez.

Drop it!

Hey, man, I'm hurt!

Jimmy!

- Jimmy!
- Steve.

Ow!

Jimmy!

I'm in here, Steve.

Get down, man.

You move and I'm gonna kill you.

I'll get you some help.

I think he hid the stash
in here somewhere.

Okay.

This is Inspector Keller.

I want an ambulance right
away at 1647 Ruxton Avenue.

That's right, 1647.

Jimmy, they're
gonna be here soon.

I think he hid
the stash in here.

We'll get it later.

No, I want you to get it now.

Jimmy.

Find the stash,
please find the stash.

Hey, Steve.

That's the, that's the
package Karo brought him.

He shot first.

The man busted
in and shot his gun.

You can't book me for that.

What about this?

Jimmy's going to be all right.

How is he?

Fifty-fifty.

How did you get in on this?

Jimmy got a tip.

I didn't say Jimmy, I said you.

- He wanted help.
- Help?

Maybe you should
be in social work.

Oh, come on, Mike.
It meant a lot to him.

Lying in there with
only a fifty-fifty chance

of walking out, I hope
it meant a lot to him,

because you could've
been in there with him.

Maybe even worse.

I'm all right.

What about Perez?

We booked him for possession.

Finally.

No, not finally.

There's a wrinkle.

He says the stuff was planted.

No way.

I found that stuff myself.

Okay.

So you proved yourself a hero.

Now the only thing
you have to do

is prove to the jury that
you're an honest one.

Mr. Perez, this bag marked
People's Exhibit Number One

contains four
ounces of pure heroin.

You did see Inspector
Keller find it in a drawer

in your kitchen, did you not?

Well, I saw him take
it out of there, yes.

After he planted it.

Your Honor, I move to strike...

Either he planted it,
or his friend Vega did.

Your Honor.

Did you see either
of the officers

put the narcotics in
the drawer, Mr. Perez?

No, but Vega has been
hassling me for months.

I mean, he'd do anything
to get something on me.

That's enough, Mr. Perez.

Motion granted.

The remark will be
stricken from the record.

And I order the jury to
disregard the witness's

last statement alleging
illegal planting of evidence.

Thank you, Your Honor.

I have no further questions.

Any redirect, Mr. Howard?

Mr. Perez, uh,
have you ever been

arrested by Officer Vega before?

Yes, sir.

On what charge?

Same as this;
possession of narcotics.

And what was the
result of that charge?

The D.A. threw it out because he
knew it was a trumped-up charge.

Your Honor, I
object. This witness...

The witness is stating
the facts, Your Honor.

And the one fact that seems
to stick out is that the defendant

is being framed by
an officer of the law

who thinks he can avoid
a lawsuit for false arrest.

Mr. Howard, I take it
you have some evidence

to support your theory
of police harassment?

I do, Your Honor.

Proceed.

Mr. Perez, have
you ever received

a private phone call
from Officer Vega?

Yes, sir, in my home.

I kept a tape, in case he
decided to keep hassling me.

Is this the machine and
the tape that was used?

Yes, it is.

Your Honor, I'd like to
ask that any tape recording

of a private conversation
counsel intends to introduce

should be properly
verified for accuracy.

If counsel wishes
to have me sworn in,

I can attest to its
authenticity, Your Honor.

I happened to be in the
same room with the defendant

at the time the
recording was made.

A threat like that,
and 24 hours later,

he breaks into the
guy's home with a gun?

We've got to
consider the possibility

that Vega did plant the heroin.

Gerry, I was right there,
and I'm telling you he didn't.

Besides that, that
was pure smack, right?

Where's he gonna
get that kind of stuff?

I don't know; he bought
it, stole it, whatever.

Oh, Gerry, come on.

I'm not saying he did,

I'm saying it's a possibility.

And it's also a possibility, no
matter how good a friend he is,

you're gonna wish
you never knew Vega

after Howard gets
through with you.

Now, what's that
supposed to mean?

He's already built up
a case against Vega.

Now he'll start working on you.

Just who's on trial
here, me or Perez?

You are.

Maybe even the whole force.

Inspector Keller, the
annals of the police force

of every major city are
replete with stories of officers

who have laid down their
lives for brother officers.

But you know about
that, don't you?

Yes, I do, yeah.

Would you do that?

Would you lay down your
life for a brother officer?

Well, I don't think anybody
can answer that kind of question.

Uh, well, let's take a
specific officer now.

James Vega.

How long have you known him?

About five years, I guess.

You guess?

You went through the police
academy together, didn't you?

That's right.

You roomed together,
you studied together,

you graduated
from the same class.

You were even sworn
in on the same day.

- Yes.
- And you've remained close friends.

Fairly close, yeah.

Now, if the
circumstances were such

that he were in trouble,

how far would you
go to save him?

I mean, uh, would you, would
you, would you die for him?

I might.

All right, let's take
something far less dangerous.

Would you lie for him?

Your Honor.

That's all right.

I'll answer the question.

Under these circumstances,

I would not lie for Officer
Vega nor for anybody else.

Now, the truth is, I found
the heroin in Mr. Perez's home

less than two minutes
after it was delivered.

Yeah.

Here it is: Officer Vega.

Narcotics arrest on the 12th.

And he signed out the
heroin again on the 16th.

What for?

Says to be used as evidence
at the pre-trial hearing.

Signed it back in the next day.

Do you have the
heroin still on file?

Sure. The case
hasn't been closed yet.

Eric, will you do
me a favor, please?

Will you analyze that
stuff for me right away?

Sure.

Thanks.

Inspector, when you
left Officer Vega alone

to call for an ambulance,

how long were you
out of the kitchen?

Less than a minute.

Time enough for Officer
Vega to open a drawer

and drop the heroin inside.

Officer Vega was lying on
the floor, seriously wounded.

You're still saying
he didn't do it?

I do not think he did, no.

And so we have
your word for that.

We also have your word
and the word of Officer Vega,

through his deposition,

that you and he were alone
in the kitchen, don't we?

While Mr. Perez
was in the living room!

Look, I did not
plant the evidence.

What reason do I have?

The very reason that took
you to Mr. Perez's house:

to make an arrest
and to make it stick.

No.

The ends justify the
means, don't they?

You and your friend
wanted Mr. Perez arrested,

so you provided the means.

It's about 50% pure, Mike.

The rest is milk sugar.

Then it's been cut.

Yeah.

It's funny, this stuff
is marked at 99%.

That's bad news for somebody.

Want me to report it?

No, no, I'll do that.

Thanks a lot, Eric.

Oh, it's understandable
certainly.

The frustration builds
when an officer of the law

sees a defendant he
think guilty walk free.

So what does he do?

He shades his testimony.

Out of a sense of duty.

After all, he says to
himself, if the defendant can

lie his way home,
I can lie a little,

to keep him off the streets,
for the good of the people.

Now, I grant you,

not all policemen lie
on the witness stand.

Perhaps it's even rare.

But some do.

And perhaps we
should even forgive

some of them their weaknesses.

After all the civil
rights cases, the riots,

the antiwar demonstrations
they were ordered to control,

some of them were
bound to be confused,

because the law
seemed to be in conflict

with the will of the people.

But here, we're
not involved with

conflicting social issues.

Here, we're involved
with only one thing:

credibility.

Is the defendant lying...

or are the two officers lying?

Ladies and
gentlemen of the jury,

I submit to you that the
two officers have lied.

Now, which of them
have planted the heroin,

I haven't the faintest idea.

But one of them
committed a crime,

and the other, his friend,
covered up that crime.

And when an officer of
the law breaks the law,

he breeds contempt for the law,

and can only
deserve our contempt.

Mr. O'Brien, will you
need more than 20 minutes

for your final argument?

In light of counsel's charges,
Your Honor, I'm afraid I will.

Very well.

Court is recessed until 3:00.

- Hey, Howard.
- Wait a minute.

Howard!

The man may be right.

What do you mean, "right"?

He's got a right to
defend his client,

but he's also got a
responsibility to the facts.

So do we.

What are you talking about?

Now, if I was positive, I'd
walk right into that courtroom

and tell Gerry to
move for a dismissal.

What?

Come here.

Last October, Jimmy made
a big narco bust, didn't he?

- Yeah.
- Well, I just checked it out.

It was eight ounces
of pure heroin.

And just a month ago,

he signed out for it
for a pre-trial hearing.

I just had it analyzed,
just this minute.

It was cut fifty-fifty
with milk sugar.

That leaves four
ounces of pure H missing.

That's exactly how much
I found in the drawer.

- Steve?
- Yeah.

I just came from the hospital;
Jimmy would like to see you.

Did Jimmy plant
that stuff on Perez?

- What?
- You heard me.

I don't know.

But I do know something
else: he's dying.

So, did we nail Perez?

The, uh, jury's still out.

But it's-it's looking good,
it's looking pretty good.

You're a lousy liar.

Lousy cop, too,
from what I hear.

Who told you?

O'Brien.

I made him promise to call me.

I told him the truth, Steven.

And I...

He said he'd make
things... clear for you.

Hey, I'm okay.

I'm all right.

Damn.

I'm sorry, you know?

I know you are.

You had reason, Jimmy, you did.

Not to hurt you.

Want me to get the doctor?

No.

Just... open... the curtain.

Yeah.

I...

I was, uh, wondering

just what it was with me.

I never could seem
to cut it somehow.

And I tried.

I really tried...

I know you did, Jimmy.

I know you did.

You know, it's like, uh...

I was talking to
Mike the other day,

and he said not everybody's
cut out to be a cop and...

just like not everybody's
cut out to be a doctor

or a lawyer...
farmer or whatever.

I ever tell you what I, uh,

what I thought I
was gonna be doing?

Archaeology.

Can you dig that?

I saw myself out in the desert,

finding all these old ruins...

My name in a history book.

Jimmy?

Jim?

Just wonder if
it'll ever go away.

What?

The feeling Jimmy
would still be alive

if I hadn't helped push
him through the academy.

You didn't kill him,
Steve. Perez did.

He set out to burn him
and that's just what he did.

How do you know that?

That girl Jimmy
was so hung up on...

she called me the night before.

Told me to tell him
that he was dead

if he didn't back off Perez.

- Well, you got the same call.
- Yeah.

And what was that girl's name?

Dorothy. Dorothy Silveira.

Silveira?

That was name of his
buddy, Ernie Silveira.

We had something going,

Jim and me,

when my brother was still alive.

You never met my
brother, did you?

No.

He OD'd.

Dorothy,

Jimmy was trying to put
away the man that he blamed

for killing your brother.

Now, do you want to
help me finish that job?

Perez?

That's right.

Man, you scare me.

Well, you know, I think that
your whole life must scare you.

Sitting there doing tricks

to get a fix in your arm.

How many times
you gotten beaten up?

How many times Perez got you

screaming on
the floor for a fix?

And won't give you
one until you take care

of one of his friends
with their kinky hang-ups?

Now, you want to tell me
that doesn't scare you?

Hell, who gives a damn?

Jimmy did.

Another pop?

It's getting to be some
kind of monkey, baby.

A hundred and half habit a day.

I know you're
gonna be nice to me.

You know how I know?

'Cause I'm gonna
lay something on you,

something good.

Yeah, what?

This trick I had earlier,
he's a big spender...

and a big buyer.

Of what?

China White,
Roberto, a lot of it.

How come there's a big
narcotics buyer in town?

I don't get a rumble and you do?

He's from Mexico. He
usually doesn't stop off here.

Then why did he?

He runs junk from
Mexico to Canada.

And his arrangements
down south dropped out.

He absolutely has to make a
delivery in Vancouver tomorrow.

I told him you just
might be the man to see.

How big is he talking?

He mentioned a half million.

How does he know you?

I guess I'm getting famous.

One big spender to another.

Can you get in touch with him?

His name's Ybarra and I've
got his number right here.

That's it. That's
the private line.

Dígame.

Es el Señor Perez.

Ah, sí. Ybarra.

Entiendo que
quieres comprar algo.

Lots of backup,
Lieutenant, right?

I'm a choir member,
a very valuable fella.

Y, uh, Rodriguez?

He's gonna speak slowly
so that I can translate.

He gets schpilkas because
I speak pure Castilian.

Fuera del carro.

Pues, ahora podemos
negociar, amigo.

He's got company.

How many?

He didn't say.

Bryce, can you see how many?

I count...

three.

Six half-kilos of smack, 80%.

Let me know when it goes down.

He's testing it now.

¿Satisfecho?

Sí. Está bien.

He's made a deal.

Everybody hit it. Here we go.

- Hold it!
- Police! Freeze!

Hold it! Get your hands up!

Hold it right there!

Hold it!

Get on the ground.
On the ground!

Perez, hold it!

Perez.

Cops.

Thank you. Thank you very much.

Of course.

Steven.

Come and see us.

I will.

I want to thank you.

What for?

For keeping the lid on.

Well, like you said, he tried.

As far as I know
that's no crime.