Law & Order Trial by Jury S1E9 - English Transcript

[Man Narrating] In the criminal justice system all defendants are innocent until proven guilty, either by confession, plea bargain or trial byjury. This is one of those trials. [Woman] I was coming home from work, and I turned the corner onto Lenox Avenue and I see Ana. I know it's not her. I mean, I know she's dead, but there she is. [Sighs] And I freak. They're all dead- Max, Ariadne, Jose, Ana. And I'm standing right there in the street, and I can't move. It's like eight years ago, and I'm right back there in that restaurant feeling like I'm gonna die. When was this? Two days ago right after I heard he was getting out. I thought life without parole meant he was gonna die in prison. What happened? [Gaffney] The fingerprint expert lied on the stand. The print that put Kenny Thompson at the crime scene wasn't his. Marisol, I know that your injuries made you unavailable for the first trial. But this time around, your testimony will be crucial. I wish I could help you, but I don't remember anything that happened that night. Nothing. Kenny. It's been awhile. This man's my lawyer. Been working two years on my appeal pro bono. That means for free. Do me a favor, Roy. Uncuff me so I can shake his hand. You're a good man, Roy. A good man in a bad place. Thanks to you, I'm gonna be free. I owe you my life. [Kibre] I heard Thompson's getting a new trial. That's too bad. That fingerprint was the only piece of evidence linking Thompson to the crime scene. Well, cut yourself a break. It's not your fault, Nick. Everyone's had a witness lie. The F. B. I. Guy said it was a match. Apparently, this guy Tanner's been giving bogus testimony on cases for years. Justice has launched an investigation into every case he's ever testified on and every D. A. He's ever testified for. And right now, I'm in the bull's-eye. I just came from Branch's office. I've been sidelined. Oh. You're gonna replace me. The only reason I didn't argue about it. Trace, Thompson can't stay on the streets. [Kibre] I know. He's a bad guy. [Nick] No. We see bad guys all the time. Kenny Thompson is a bad guy. I say we plead him out. Man one. Time served plus 10. Nick Forster says we can't win it. Well, that's because he just had a conviction overturned. He's spooked. That makes two of us. If we plead out, it looks like we're admitting Forster did something wrong. Look, just have a look at Thompson's confession. We don't want no trouble, man. That's why we had everybody taped up on the floor, man. Everybody cooperate, nobody get hurt. [Man] Oh, really? So how'd your boy Colfax end up dead on the floor? Then the side door opened, and this crazy *** come runnin' out of nowhere and she capped Sean. Uh-huh. So you shot her? I thought she was trying to kill me! It was self-defense! So why'd you shoot the rest of'em? I want a lawyer, man. What's the matter, Kenny? He wants a lawyer. Seeing your buddy die make you *** yourself, so you shoot four helpless people? I don't feel so good. I want a lawyer. Sure you don't want your mommy? Come on. You wanna know what really happened? [Kibre] Right there. That's what got the whole confession thrown out. The judge felt Thompson invoked his right to counsel, and the cops kept questioning him. Thejudge is an idiot. Thompson reinitiated on his own. Yeah. Thompson talked about those murders like some guys talk about sex. Like he got off on killing those four kids. I don't want this guy back on my island in 10 years. No plea? You must have been very convincing. The tape sold him. So do we find new grounds to reargue the confession's admissibility? It's worth a try. This case could sure use a nice, juicy confession. Half the witnesses are either dead, missing or in rehab. Sounds like a list of my ex-boyfriends. Did we pass it? No, this is it. It must be a beauty salon now. Manicure? Oh, thanks. Some other time. Wow. It's hard to imagine this is the site of a massacre. It was a spring night. People were outside. That must be where Charlie Lansing lived. That's the stoop he was sitting on when Thompson and Colfax walked by. Charlie! You must have the wrong guy. Name's John. You're a hard man to find. You change your name, move out of the city. - Nothing wrong with wantin' to start over. - You read the papers lately? Yeah. Kenny Thompson. I'm not gettin' involved. I got death threats the first time around from Thompson's boys. Thompson doesn't have boys anymore. Papers are sayin' he might be innocent. There's new evidence? Nothin' new. Some old evidence gone bad. I didn't actually see him commit a crime. You saw Thompson and Colfax outside the restaurant five minutes before the robbery began. - That's good enough. - Wish I'd never seen anything. Talk about being in the wrong place at the wrong time. Those four dead kids, they were in the wrong place. And their families, they're grateful you saw what you did. We need you, Charlie. Kenny. Come on in. Hey. This is my wife, Leigh. She's one of the partners here. How you doin', Leigh? I am doing well. We get a lot of pro bono requests, and accept very few cases. Your passion for justice is impressive. Passion's easy. What's hard is getting anyone to listen when you're just another black kid with a return address that says " Sing Sing. ' ' But Todd here stepped up. He certainly did. Listen, uh, Leigh's on the board of the Exonerated Project, and they're having a benefit next week. It's a heavy-hitting crowd. Might be a good place to start getting your side of the story out. Just tell me where and when. Great. I'll let you two get to work. So, I've got their witness list. Married the boss, huh? [Chuckles] Yeah. No surprises here. Looks like the prosecution case rests with your association with Colfax and the fact that you had worked at the Burger Kastle. So did every other They're the only place that would hire kids from the projects. We need to make a list of every kid that worked there and ask if they were questioned. Point up the fact that this is a rush tojudgment. I'd be happy to talk to her, Tracey. But I'm a forensic psychiatrist, not a therapist, and Marisol is a witness, not a suspect. Without the fingerprint, I have nothing that puts Kenny Thompson at that restaurant. Now, the police report says that when they found Marisol in the basement, she was still conscious. But she doesn't remember anything. Memory loss is common in trauma victims. - It's a survival mechanism. - So how do we access those memories? We probably don't. Humor me, Richard. Just for a minute, be an optimist. Sometimes, you can stumble on a trigger- a visual cue, a sound, even a smell, and the memories come pouring out. We've got the place to ourselves. They don't open till 9:00. [Marisol] Like I told you, the two guys came in wearing masks. The bigger one told us to get downstairs. And after that, l-I don't remember. We know. We're not trying to pressure you. But being here at the scene of the crime might unlock memories, fill in the missing pieces. - I'm not sure. - Any time you wanna stop, we'll stop. You're the one in charge. Okay, Marisol. So where were you when Thompson and Colfax came in? Sitting in the counter. I was right about here. Okay. So they came in and they told everybody to get downstairs. And you- So let's go downstairs. The meat locker's still here. Well, they found you around the corner here. [Richard] How are you doing? I'm okay. You were found in this corner here, so you would have had a full view of the office door when Ana came out and shot Colfax. I just don't remember. Maybe if you came over here and knelt down on the floor? Anything? [Sighs] I'm trying. I really am. I know you are, Marisol. Even a fragment, a feeling. [Door Opens] Oh. You scare me. I forgot you were coming this morning. Sorry to bother you. I gotta go. I gotta get out of here. Marisol. Tracey, we're done here. [Woman] So, what do you think? You the artist? No. Good, 'cause I don't like it. And if I said yes, I was the artist? I like it. Kind of reminds me of early Rauschenberg. You paint? No. I just read about it. The library had a lot of books, and I had a lot of time. Eight years of wrongful incarceration is one hell of an art appreciation course. Maya Sullivan. Being bitter wouldn't do me any good. I admire your attitude, Mr. Thompson. Kenny, having a good time? Yeah, but I'm gonna take off. My boys on the N. Y. P. D. Iook kind of tired. - You have cops following you? - 24-7. Is that even legal? I'm black. "Innocent until proven guilty" doesn't apply. Hey, I'm sorry. I didn't mean to get all political, especially with all the pretty pictures and pretty people. Catch y'all later. There's gotta be something you can do. File a motion- It's a public street. They're harassing your client. Surveillance is hardly harassment. Leigh? Thanks for letting me know who's who. You're not offering a plea? No. I told Branch I thought that was the way to go. Well, I think this is winnable. Without the fingerprint evidence, this is an entirely circumstantial case. I wish people would stop saying that like it's bad. Most cases are circumstantial, and these circumstances are compelling. Both Colfax and Thompson spent time in juvie for armed robbery. Marisol heard his voice. We can bring her in for a lineup. Tracey, I lived this case for a year. I drank the same Kool-Aid you're sipping right now, and I'm telling you, you can't win. Wow, Nick. If this is your idea of a pep talk- You got it all figured out. Read this. What is that? A letter I got from one of the jurors after the trial. He says without the fingerprint, they would have acquitted. Don't try this case again. Plead it out, or you'll lose. This letter states that the jury in the first trial relied entirely on the fingerprint evidence to convict Thompson. So it's evidence we don't have. Right. So what investigation was done on the money trail? Well, we know the robbery netted Thompson about three grand. In small bills, none of which were ever found. The original case detectives searched Thompson's place, the grandmother's. There was no sign of any cash or night deposit bags. Well, we also checked large purchases, and nothing. You check any girlfriends? If he had 'em, no one found 'em. Is he seeing anybody now? They get out, they usually dip into the same old pool. Surveillance says he likes to spend time at Sylvia's up on Lenox. Says he likes the waitress up there. Kim Evans. Find out what she sees in him. Why you gotta harass me at work? You see I'm in the middle of the lunch rush. Kenny Thompson grew up in the same building with you, and he was tight with your brother Manny. Last thing I heard, he was locked up. He wasn't with you the other day? A couple of cops saw him talking to you. You and Kenny were hanging out the other night. Narcs tell us you bought some weed. Did he ask you to do that? [Chuckles] Nice. Having your girl buy the drugs. Okay, arrest me for scoring a joint. Go ahead. We don't want to, 'cause we pulled your jacket the other day, and that would be a violation of your parole. It looks like you got a good thing going on here. Busy place, good tips. I don't know anything. $3,000 was taken from the Burger Kastle. That was, like, eight years ago. I had nothin' to do with that. Maybe you saw Kenny flush that weekend? I never saw Kenny with any money. Maybe he bought you a gift? We talkin' about the same Kenny Thompson? Face forward. Really listen to their voices. Please step forward one at a time and say, " Get downstairs. ' ' Get downstairs. Get downstairs! - Get downstairs. - Louder, please. Get downstairs! [Man #4] Get downstairs! [Man #5] Get downstairs. It could of been any of them. One more time, please. Get downstairs. [Man #2] Get downstairs! Get downstairs! [Man #4] Get downstairs! [Man #5] Get downstairs! Uh, we're good. She couldn't I. D. A ham sandwich. [Chuckles] So our only problem now is Lansing? I wouldn't worry about him. I can muddy up his story on cross. Wait. Talk to him now, see if his story has changed. He's a prosecution witness, Kenny. He won't talk to me. They can fight us even seeing him. The rules of discovery entitle you to talk to any witness on their list. They can decline to answer questions, but you make that son of a *** do it to your face. But you're the lawyer. It's your call. [Kibre] Mr. Lansing changed his name and moved his family out of fear of retribution from Mr. Thompson. Your Honor can understand why I'm reluctant to provide the defense with Mr. Lansing's address and phone number. It's called discovery, Miss Kibre. Defense wants a meeting, come up with a neutral place for it to happen. Your Honor, regarding the readmissibility of the confession- I've read your brief, Ms. Gaffney. You've touched on some new grounds. Your Honor- But I find none of them compelling. The confession stays out. On to the defense's motion to preclude the police from coming within 200 feet of the defendant. Your Honor, the police have engaged in a pattern ofharassment and intimidation. Mr. Thompson is a dangerous felon who, through some loophole in the legal system, has been released on an unsuspecting public. I take offense that you refer to perjured testimony as a loophole, Miss Kibre. What I meant, Your Honor- I know what you meant. Obviously, I can't stop the police from conducting surveillance, but I can keep them at a reasonable distance. Not only will I grant your motion, Mr. Eckhart, I will add 100 feet. This is all for show. The defense is trying to rattle you. I really don't have to answer any of their questions? Absolutely not. This is a formality. Okay? Thank you. Kenny. What the hell are you doing here? What? I can't see my own lawyer? Not here. How did you know I was gonna be here? What'd you get out of Lansing? Nothing. The guy stonewalled. We gotta get outta here. They could arrest you for- Yo, Charlie! Come on. I know what I'm doin'. Oh, geez. Don't you ever grab me like that again. I promise you, I had no idea he was gonna be here. He could know where I live, where my daughter goes to school. The police are picking up your wife and daughter, and they're gonna take the three of you to a hotel until he's in custody and for the duration of the trial. You're gonna be okay, Charlie. I'll be right back. Have we located Thompson? We're covering all his known hangouts, but nothing yet. [Kibre] If we don't pick him up here, we've papered his neighborhood with reward posters. Ten grand for any information. Tracey, it's almost 5:00. He's checked in at Pretrial Services every day since he was released. If he was gonna show up, he'd have been here by now. Maybe he realized he screwed up and took off. And spend the rest of his life on the run? No. This guy thinks he's gonna beat us at trial. He'll show. Suspect spotted on foot crossing 137 th Street. All units, go. Go! Go! Go! Kenny Thompson! You're under arrest. I'm not resisting. You're under arrest for intimidating a witness. You have the right to remain silent. If you give up that right, anything you say can and will be used against you. Kibre. Put Lansing on. Hello? Charlie, they just arrested Thompson. So how does that help me or my family? What if you lose the case and he gets out? I don't think I can help you. No. You're still gonna have to testify, but- I'm not saying another word. - Charlie? - Do what you want to me. Charlie, listen to me. Damn it! He's in custody. You got what you wanted. So did he. He totally played me. He's-He's orchestrating things. He got me to arrange a meeting with Lansing to intimidate him. You did nothing unethical. You're covered. But that's not the point, Leigh. What is the point, Todd? Why would he intimidate a witness unless he was guilty? Oh, come on. Whatever he might have done, it was a long time ago. He's a different person now. Back to earth, Leigh! He killed four people! Keep your voice down! Do you wanna be a litigator or not? The man's a sociopath. So if one of our corporate clients has a product that causes cancer, we don't defend them? We only defend the good guys? That's totally different. No, it's not. Your client just did you a favor by scaring off their one eyewitness. You can either whine about that or win with it. I was reading the transcript of the original trial. Your closing's good. "You wake up, look outside, "and the ground is blanketed with untouched snow "except for a set of footprints leading to the mailbox and leading away. ' ' "You find mail in the box. "You can safely assume the mailman was there. "No one saw him, but the circumstantial evidence is compelling beyond a reasonable doubt. ' ' It's a great analogy. I'm afraid it didn't have the desired effect on the jury. I got the feeling they'd wanna compare a plaster cast of the footprints to the mailman's boots. I think I'm in trouble, Nick. I open tomorrow, and all I've got is Lansing. And I had to subpoena him to compel him to appear. Then you'd better pray he stays strong, 'cause everything else is the mailman's footprints. When you were sitting on your stoop and asked the man for a cigarette, how far away was he? A few feet. But it was dark, and the guy was really dark-skinned. I really didn't get a good look. [Kibre] Mr. Lansing? Charlie? But you identified the man you talked to as the defendant, Kenny Thompson? I guess I did. But now, I'm not so sure. Mr. Lansing, is it true that last week, contrary to the order of this court, Mr. Thompson sought you out and threatened you? That's not- Look, I was pushed into making this I. D. Eight years ago. Who pushed you? You came forward on your own. You testified under oath before a grand jury. That's not how I remember it. Permission to treat the witness as hostile. Go ahead. At this time, the People wish to enter into evidence Mr. Lansing's testimony from the original grand jury transcript. We're doing great. [Judge] That goes back a long way, Miss Kibre. [Kibre] The witness made several sworn statements. Very well. I just got a text from Dr. Link. Marisol remembers something. Find out what. I saw Ana open the office door. And I must have started screaming, 'cause I see the guy look up at Ana and goes, "Trey, she's got a gun. ' ' Who said, "Trey, she's got a gun"? Colfax- the guy that Ana shot. Thompson's arrest record lists "Trey" as one of his aliases. [Kibre] When exactly did you remember someone saying "Trey, she's got a gun"? A few days after I revisited the crime scene. Did you remember anything else? Yeah. Before he shot me, he put the gun in the back of my head and he said, "Don't worry. It'll be fast. ' ' Marisol, after these memories came back to you, what did you do? I called Dr. Link. He's been helping me. Thank you. Dr. Link, how did you get involved in this case? Tracey Kibre asked me to evaluate Ms. Rodriguez. Evaluate or influence? When Ms. Kibre called, I was careful to make my role very clear. I don't believe in trying to force or shape a patient's memory. And yet, you participated in an obvious attempt to trigger a memory, a visit back to the crime scene. [Dr. Link] Because Ms. Rodriguez wanted to be there. I discussed the dangers as well as the potentially therapeutic outcomes. She chose to go. Did Marisol Rodriguez ever spend time in your waiting room? Yes, before her sessions. - I imagine, like most doctors, you have magazines there? - Yes. So while she waited, Marisol Rodriguez could have read those magazines. Maybe even a back issue of Manhattan Minute? Objection. Calls for speculation. Do you know whether she read the magazine? I don't know whether she did or she didn't. I subscribe to that magazine, and there are back issues in my waiting room. I offer into evidence a copy of Manhattan Minute from April 2003. I call your attention to the article on page 28 which profiles the Burger Kastle massacres and refers more than once to Kenny Thompson as " Trey. ' ' I believe her memory came from the actual experience, not something she read. I have no doubt, Dr. Link, that you have the ability to distinguish between real memories and mere suggestion. But does Marisol? I did see Kenny with some money the day after the robbery. Why didn't you tell anyone this before? Because we were together then, and he wasn't the kind of guy I wanted to *** off. So you're not together anymore? He's all uptown now. Told me I need to lose some weight. So you're angry at Kenny, see a chance to get back at him and make some money in the process. Look, do you want my story or not? How much money did you actually see on Kenny? Like a couple thousand. And it was all weird too, like rolls of coins and lots of ones. What was the money in? Hmm? Was it loose or in a bag- Yeah, it was in a bag, like one of those night deposit bags. - What color? - Color? Yeah. What color was the bag? Um- I'm not sure. Was it green? She's lying. She knew the money was in a night deposit bag. That wasn't released to the press. She's a waitress. Of course she knows at closing, money goes into bags. Okay, I get it, Kelly. You didn't buy her story. Neither did you. Well, you're wrong. I did. And even if I didn't, it's not my problem. It's up to a jury to decide. Well, you made it your problem when you told her what to say. - I refreshed her memory. - Call it what you want. I call it prosecutorial misconduct. Hey, watch it. - You put her on the stand, you'll be suborning perjury. - You're crossing a line. No, you are, and it's the same line that Nick Forster crossed eight years ago. A decision which will probably get him disbarred. Look, tomorrow morning, when I put Kim on the stand, you're either with me or you take a sick day. [Eckhart] What is she going to say? For 10 grand, she'll say anything. She'll say I confessed to her. Did you? Were you wearing gloves that night, Kenny? Is that how you were so sure the fingerprint expert was lying? All you gotta know about Kim Evans- she's got a rap sheet longer than mine. Even you should be able to discredit her. [Bailiff] Do you solemnly swear that the testimony you give will be the truth, the whole truth, and nothing but the truth, so help you God? Not so sick after all. Actually, I am. Please state your name for the record. Kim Evans. What is your relationship to Mr. Thompson? I was his girlfriend. Did you see Mr. Thompson on April 9, 1997, the day after the Burger Kastle killings? Yeah, I saw him that day. Did he show you- Did he- Your Honor, a moment, please. All right. Nod. Write something in your pad like I'm giving you instructions. Get your cell phone and make believe that you're making a really important phone call as you leave the courtroom, and meet me in the hallway. I have no further questions for this witness. But- Mr. Eckhart? Nothing for this witness, Your Honor. [Judge] Do the People rest, Miss Kibre? Actually, Your Honor, we'd like to request a recess. We'll adjourn until tomorrow. I hate it when you gloat. Combed through the old case file, witnesses, evidence. So what's new? What do we have that Nick Forster didn't other than a weaker case? - Marisol's testimony. - Well, her story is all over the place. - It doesn't even jibe with Thompson's confession. - How so? Thompson claims that all of the employees were blindfolded, bound and gagged when Ana came out of the office with guns blazing. That's how the police found them. Yeah, well, Marisol claims that she saw Ana come out of the office and then started screaming. Now, if I'm blindfolded, I can't see. And if I'm gagged, I'm not screaming. So Thompson and Colfax were in the process of gagging Marisol when Ana came out. Okay. Okay, so Thompson is in the process of gagging Marisol. Or Colfax was doing it, which would explain why he yelled, "Trey, she's got a gun. ' ' So Ana shoots Colfax before he gets a chance to gag Marisol. Then Thompson shoots Ana. But now he's gotta subdue an hysterical Marisol. So he picks up the tape. And how do you rip tape off a roll while holding a gun? Maybe he uses his teeth. Let's hope so. Where's Marisol's gag? It's useless. It was in that box of exhibits that had bad water damage. What about the roll of tape the gag came off of? A different box. We might still have it. - It could have tooth marks or- - D. N. A. I'll call the crime lab. Ms. Kibre, a delay at this point in the trial- Just until the test results come back. Your Honor, there's a lack of fundamental fairness here. At the last possible minute, Ms. Kibre is conducting a complicated technical procedure. A procedure which may exonerate his client and put an end to this trial. We expect mitochondrial results back within 24 hours. The People request a continuance until that time. I'll grant the continuance, Ms. Kibre, but I trust the People can firmly establish the chain of custody? The jury's gonna wanna know whose hands this roll of tape passed through from the moment it was picked up at the crime scene until today. [Kibre] Yes, Your Honor. Where do we stand on the chain of custody? Not so good. The C. S. U. Detective who bagged the tape at the scene died in a car accident four years ago. Oh, come on. Well, somebody else must have seen him put that tape in the evidence bag. Somebody did. Nick Forster. Having me anywhere near the case weakens it for you. We've got a D. N. A. Match. I just need you. I can't do it. I'm not asking. - I'm calling you to the stand. - Beer? - Nick- - Don't you get it? I cannot testify without perjuring myself. Oh, my God. You knew the fingerprint was bad. After the confession was tossed, I was desperate. How's a guy kill four people and not leave a single sign ofhimselfbehind? I'm having dinner one night with this F. B. I. Guy-Tanner. He begs me to let him help me. On cross, Eckhart is gonna ask you point-blank about the fingerprint. - I'll lie. - You do and get caught, Thompson goes free. Do you realize what you're asking me? Yeah. Step up and admit what you did. You know I can't do that. Forget about the job. I could go to jail. The man I know wouldn't be able to live with those bodies on his conscience. Ariadne Iberra, Ana Pacheco, Max Loeb and Jose Ruiz. You were the original prosecutor in the murders of these individuals? I was. Do you recognize this duct tape? I do. It was the roll of tape found at the crime scene on April 8, 1997. Where was it found? Right here, outside the meat locker. And what was done with it? I saw Crime Scene Unit Detective Sonnenberg bag it and enter it into evidence. [Kibre] And then what? I personally supervised gathering all the evidence at the scene and transported it from the restaurant to the intake technician at the 39th Precinct. Sojust to be clear, you saw Detective Sonnenberg bag this roll of duct tape and enter it into evidence? Yes. Isn't it true that the reason you're not trying this case today is because you're currently under investigation for falsifying fingerprint evidence in the first trial of Mr. Thompson? Yes. Did you falsify the fingerprint? L- Yes. You admit you've lied before. Why should the jury believe you now? Because I've just admitted that lie under oath. Because I'll probably be disbarred, and I have nothing left to lose. I'm finished. Guilty on all counts. Thank you. Oh! The firm has decided to sever our relationship with you. We'd be happy to recommend a public defender. - No. - Excuse me? Sullivan & Sterling will continue as counsel on my case. Why would we do that? Because I have at least seven examples of ineffective assistance of counsel committed by our boy Todd here. That's a lie. Maybe. But do you really wanna put yourself and the firm through a hearing? I'll be in touch. Branch fire him? Nope. He resigned. Smart. This way, he gets to collect his full pension. I don't think that entered into it. You give people too much credit. You don't give people enough. Big risk calling him to the stand. I had no choice. But why not wait for Eckhart to crucify him? He would have lied to Eckhart. Then I'd have known he was giving false testimony. He could just as easily have lied to you. I knew he wouldn't. Come on. You've known the guy for 15 years. You're telling me he never lied to you? Yeah, he lied to me. Just not about the law. [Howling]