Law & Order 7x3

1. In the criminal justice system,

2. the people are represented by two separate yet equally important groups,

3. the police who investigate crime

4. and the district attorneys who prosecute the offenders.

5. These are their stories.

6. We re-tarred the roof in '80, re-fitted the boilers in '85.

7. And how long ago did you re-paint? Vernon?

8. We did the hallways two months ago.

9. All this in two months?

10. Who you all got living here, Jackson Pollock?

11. These people aren't going to be your headache.

12. That's why we got management companies.

13. I didn't count on becoming a New York slumlord.

14. What slum? Vernon, the music.

15. Mr. McCurdy, you're three blocks from Times Square.

16. Disney's buying up everything that isn't nailed down.

17. You think Mickey Mouse is going to live in a slum?

18. Look, I'll have to let you know, my plane back to Richmond leaves in an hour.

19. Mr. Coyle.In a minute.

20. You better come look right away.

21. It's Charley Monroe. I think he's dead.

22. I should be getting to the airport.

23. I hook a buyer for this dump and he had to see this.

24. And what did "this" do for a living?

25. Charley was a freshman at Manhattan University.

26. He's only been here for six weeks.

27. I guess he can forget about his security deposit.

28. Hey, I'd take a building full like him.

29. You can see, he fixed up the place nice.

30. For anyone in particular?

31. Yeah, a real piece of work.

32. I saw her tearing him a new one

33. in front of the building last Tuesday.

34. Yeah? What did she look like?

35. Young, black, Whoopi Goldberg hair.

36. I don't know, I didn't really get a good look.

37. Okay, either one of you remembers anything else, you call me. All right?

38. The guy down the hall says he heard an argument

39. from Monroe's place about 5:00.

40. Monroe and some female.

41. You see a pattern?

42. What have you got?

43. No forcible entry. Gold chain's still around his neck,

44. $23 on the desk.

45. I found a puncture wound under his rib cage

46. and a slashing cut on his left forearm.

47. Looks like he blocked one shot.

48. What kind of weapon?

49. A single-edge, serrated.

50. There's a steak knife missing from the set in the kitchen.

51. That what I think it is?

52. Fluids. His, maybe hers.

53. There's two empty wine glasses in the sink.

54. There's two empty condom wrappers over there.

55. The near perfect Sunday afternoon. Yeah.

56. Yeah, I'd almost trade places with him.

57. Pina Colada wine coolers.

58. Whatever happened to a cold beer?

59. Anything else in his system?

60. The tox report won't be ready for a couple hours.

61. What about his playmate?

62. Latent got prints off a wine glass

63. but nothing popped up on the computer.

64. Nobody saw her coming or going?

65. No one who was there to talk to us.

66. Next door neighbor works a night shift,

67. guy across the hall wasn't home.

68. Well, that might not be a coincidence.

69. Was this kid into anything?

70. No. No drugs, no weapons. Not much cash.

71. He's got a sealed juvenile record

72. from six years ago, but that's about it.

73. Van Buren. Okay, put them in interview.

74. The victim's parents.

75. Rey, you chase down those missing neighbors.

76. Lennie. Oh, goody.

77. MR. We buried his cousin last fall.

78. He was shot walking on the street.

79. We thought if Charley got out of the Bronx, he'd be safe.

80. He worked two summer jobs to make his rent and tuition.

81. He didn't deserve this.

82. When did you last speak to him?

83. Yesterday morning, before church.

84. He called me.

85. Did he say anything about meeting somebody?

86. Maybe a girlfriend?

87. No.

88. He said he had a lot of studying.

89. What's this about a woman?

90. There's evidence there was a young lady in his apartment.

91. And he was seen arguing with a young woman earlier in the week.

92. She wore dreadlocks.

93. You know this girl?

94. It may be Arlene Williams.

95. But he stopped seeing her a couple of months ago.

96. Well, where can we find her?

97. She works in a dance club on Fordham Road.

98. Um, Lennie?

99. According to our files,

100. Charley got into trouble six years ago.

101. The judge said there'd be no record.

102. Computers don't always get the message.

103. What happened?

104. He was 12.

105. Some older boys he was with

106. surrounded a girl at the Y and they pulled at her bathing suit.

107. Charley was just in the wrong place.

108. Legal Aid said to plead to a misdemeanor and take probation.

109. I don't see what that has to do with this.

110. Probably nothing.

111. I mean it straightened him out.

112. His grades went up.

113. He stayed out of trouble. He was making something of himself. He...

114. What? Charley's dead? He can't be. I just saw him last week.

115. Yeah, we heard. So did half the neighborhood.

116. What was that all about?

117. I mean, he pissed me off and I let him know it, that's all.

118. So, what? Sunday, you guys kissed and made up?

119. I don't know what you're talking about.

120. Come on, Arlene, he took advantage of your giving nature.

121. So you went off on him.

122. Look, I was nowhere near his crib on Sunday.

123. I was patching cables for some party in Claremont Park.

124. Why don't you check it out? Oh, we will.

125. I loved Charley. I'd never hurt him.

126. Sure.

127. You know, you can clear this whole thing up right now.

128. Why don't you come down to the station with us,

129. let us take your fingerprints?

130. No. No, no, no, no, no.

131. You're not going to run a Fuhrman on me.

132. A Fuhrman?

133. Right, have it your way. We'll get back to you.

134. The party kicked in around 2:00. We was done by 7:00.

135. Arlene was there the whole time?

136. It was a party, all right?

137. She came in, rolled out her cable, rolled it back in.

138. What she did in between was her business.

139. So you're saying she could've slipped away for awhile?

140. I'm saying she was there when I needed her.

141. In other words, Mr. Bell, you'll confirm whatever half-assed alibi she gave us?

142. Look, what do you need? The names of the 200 people I know seen her there?

143. Sure, start with the A's.

144. All right. She was through with Charley, all right?

145. She knew that he didn't run with the home girls no more.

146. He was down with the college type.

147. And Arlene told you all this? Why?

148. Because you're a Jerry Springer?

149. No, because she's hooked up with me now.

150. Excuse me.

151. Messages from his mother and his grandmother.

152. His last page was Sunday night, from his parents.

153. Well, who'd you expect to beep him? The killer knows he's dead.

154. Well, no little black book in there.

155. Bingo. Anna, with a phone number.

156. You think Charley was striking out with the college crowd?

157. Well, Sunday, he hit a home run.

158. I beg your pardon? I'm sorry, Sister, it's a wrong number.

159. Saint Anna's Convent. Some girl gave him a bum steer.

160. Well, it happens to the best of us.

161. Never happened to me.

162. Hey, Lennie, look at this. Mycenaean Amphorae, 1400-1375 BC.

163. Yeah. I'm expecting my copy from the Book-of-the-Month Club.

164. This one's from the Manhattan University library.

165. He checked it out on Sunday.

166. He might've been with a young woman.

167. Look, I only worked three hours Sunday morning.

168. Maybe somebody else saw him.

169. Well, is there any way of knowing what time this potboiler checked out?

170. We scan the book's registration card and the student ID.

171. Depending where it is in the sequence, you'd have a general idea.

172. Would you mind taking a look?

173. You know my wife went to college here,

174. when she was still living with her parents.

175. You see that statue over there?

176. That's where we used to meet when we first started dating.

177. Why? The computer room was booked?

178. No. We'd go make out in the stacks.

179. Here we go. It was checked out Sunday afternoon by Gina Tucci.

180. She's a student at Saint Mary's College in Queens.

181. We have a reciprocal agreement with Saint Mary's.

182. Wait. Are we talking about the right book?

183. Mycenaean Amphorae?

184. We only have one copy.

185. It wasn't checked out by a Charley Monroe?

186. Not unless he looks like this.

187. I can't even pronounce the title. Believe me, it's not my book.

188. But it is your student ID?

189. You're here about a library book?

190. We're here about a homicide, Ms. Tucci.

191. Were you at the library on Sunday?

192. Yeah.

193. With my friend, Danielle. What's her last name?

194. Danielle Mason. She goes to Saint Mary's with me.

195. We spent the whole day at the library.

196. You know anybody named Charley Monroe?

197. Should I?

198. Well, your book was in his apartment.

199. Look, I said it's not my book.

200. You know what I think happened?

201. No, why don't you tell us?

202. The library screwed up.

203. At 6:00, it's a zoo over there,

204. with everybody checking out books at the same time.

205. So my card must've got mixed up with someone else's book.

206. You left at 6:00? Yeah.

207. What book did you check out?

208. Some psych book.

209. I don't remember the name. I left it at school.

210. Take a good look, Ms. Tucci. You're sure you've never seen him before?

211. No. Never.

212. But I see why you have a hard time believing

213. he'd take a book out of a library.

214. You volunteer here every day?

215. Three times a week.

216. What about last Sunday, Ms. Mason?

217. No. I was at the library in the city, at Manhattan University.

218. Oh? By yourself?

219. No. I went with my friend Gina.

220. We worked in the stacks until closing and then we left.

221. So she was with you the whole day?

222. Yes. Why, is she in trouble?

223. Well, it's probably some kind of a mix-up.

224. You ever see her with this guy?

225. No. Look, I'm really sorry.

226. I can't talk anymore. I have to get these people ready for lunch.

227. Twenty years, they still make the best calzone in Queens.

228. Hey, you remember what I said about my wife and me in the stacks at the library?

229. You trying to spoil my appetite?

230. Gina said they were in the library until 6:00.

231. Her friend said they worked in the stacks until closing.

232. I'm with you so far.

233. Yeah, I'm still on hold.

234. Okay. Thanks.

235. It's what I remembered. On Sundays, the stacks still close at 5:00.

236. Oops.

237. I swear, she was with me the whole time.

238. So you worked in the stacks until you left?

239. Right.5:00 until the stacks closed?

240. I didn't notice the time.

241. Well, Gina did. She said you left at 6:00.

242. You see the problem?

243. Well, after they closed the stacks,

244. we moved to the reading room to look at magazines, then we left.

245. And that's the story you want to go with?

246. It's the truth.

247. It's putting yourself on the hook for something your friend did.

248. Look, anytime you want to set the record straight, you have our number.

249. With friends like her to cover for me,

250. I'd still be playing around on my first wife.

251. Well, Gina had a good alibi. You think this girl's just as smart?

252. Actually, we're trying to keep your daughter out of trouble, Mrs. Mason.

253. You talked to her at the rest home.

254. She told you, she didn't know anything about this dead person.

255. That's right. She told us the same story as Gina.

256. Well, almost.

257. You think she's lying?

258. Yes, we do.

259. Well, if she is, Gina put her up to it.

260. They've been friends since grade school.

261. Do you know where she was on Sunday?

262. Yeah. She was at Manhattan University library.

263. I even gave her money for lunch.

264. What? Gina picked her up? No.

265. I didn't even know they were there together

266. until Danielle told me that evening.

267. But why Manhattan? No libraries in Queens?

268. She was researching a term paper on Greek art.

269. Her professor told her Manhattan University

270. has the best collection of books on the subject.

271. You mean, like, Mycenaean pottery?

272. Mycenaean. Yeah. That's what she was studying.

273. We've got Gina's book in Charley's apartment

274. on a subject Danielle was studying.

275. I saw this problem on an aptitude test.

276. So who's watching whose back?

277. Well, figure one or both of these girls was at Charley's place.

278. I say we pull their driver's license photos

279. and show them around the neighborhood.

280. I didn't see them but, hey, if they want to make some jack,

281. tell them Fast Eddie's interested.

282. No. Not these girls, Eddie.

283. God ain't made the woman I can't turn out.

284. I'll remember that. Thanks.

285. It was Sunday afternoon. They might've been with a young black man.

286. Well, the blonde one doesn't look familiar.

287. But this one, she came in just before 6:00. Are you sure?

288. Oh, yeah. She was out of it, you know.

289. She was upset. She wanted to know where all the cabbies were.

290. Usually on a day like today, a lot of cabbies come in for coffee, you know?

291. But on Sunday, they must've all went to Jones Beach.

292. What else did she say? Nothing.

293. She just started crying and ran out.

294. The witness puts her half a block from Charley Monroe's on Sunday.

295. That pretty much shoots down your story.

296. Your witness made a mistake.

297. Forget it, Rey. Let's click her for conspiracy.

298. We'll let the D.A. sort it out.

299. You can't arrest me.

300. What do you think these badges are for?

301. There a problem there, Gina?

302. No, it's okay, Uncle Joey.

303. Look, Danielle called me on Sunday night.

304. She said if anyone asks, to say we were at the library together.

305. Did she say why she wanted you to lie?

306. No.

307. I thought she got jammed up with her parents,

308. she's done the same for me.

309. How come your student ID ended up at the library?

310. We swapped cards.

311. She's 18, I'm 17. I needed her ID

312. to get into the arena on Saturday night.

313. And she needed my card for the library.

314. For what? She going to look up Charley under Social Science?

315. She doesn't know him.

316. She wouldn't be caught dead with a guy like that.

317. Like what? A tall guy?

318. You know what I mean. A guy from outside the neighborhood.

319. She was on Charley Monroe's street.

320. Her book was in his apartment.

321. Is there some reason you haven't picked her up?

322. We can't put her in the apartment.

323. What about the prints on the wine glasses?

324. Well, unfortunately, Danielle's never been printed.

325. Well, there's always a first time.

326. I'll call Judge Boehm for an order.

327. You bring her in.

328. I don't give a damn who signed the order.

329. I want my lawyer to look at this before you do anything.

330. Hey, you can laminate it for all we care. We're getting her prints now.

331. I won't allow it.

332. You get in the way, Mr. Mason, you're next.

333. Okay, now, just relax.

334. It's a 10-point match on the thumb print from the wine glass,

335. six-point on the index finger.

336. I've got her on the desk and on the inside doorknob.

337. Is that enough?

338. Are we through here?No.

339. Danielle, I have to advise you of your rights.

340. Listen carefully. You have the right to remain silent.

341. Anything you say can and will be used against you.

342. Do you understand?

343. Yes.You have the right to consult an attorney.

344. If you can't afford one, one will be provided to you at no cost.

345. Do you understand that?

346. Yes. Are you willing to answer questions?

347. All right. I just talked to our lawyer. He's in court.

348. He said we just sit tight until he gets here.

349. They're arresting her. What?

350. Her fingerprints were in the victim's apartment.

351. That's impossible.

352. Danielle, do you have anything to say to us?

353. Yes.MR.Now, wait. Wait, sweetheart.

354. Don't say anything.

355. Now, her lawyer is on his way.

356. So you can't talk to her anymore.

357. I just heard her waive her right to remain silent.

358. I don't care what she just said because I'm saying she talks to her lawyer first.

359. She's 18. If she wants to make a statement, that's her right.

360. I want to get this over with.

361. Just sign this waiver. Then we can talk.

362. Sweetheart, please, just wait until the lawyer gets here.

363. No. I want to explain what happened.

364. I was at the library.

365. This boy came and he sat down next to me.

366. He saw what I was reading. He said his name was Charley

367. and that he was studying Art History at Manhattan University.

368. He seemed nice. He was funny.

369. We went outside to get something to eat from the vendors.

370. He said he had some good art books

371. at his place, just a couple of blocks away.

372. Oh, God!

373. I was only going to stay for a few minutes.

374. He got me a wine cooler.

375. Right away, I started to feel tired and dizzy.

376. From the alcohol?

377. No. It felt different.

378. I tried to get up,

379. but I fell down on the bed.

380. I couldn't move.

381. He started taking my clothes off.

382. Did you fight back?

383. I couldn't even lift my arms.

384. I was just lying there

385. and he raped me. And then I passed out.

386. For how long?

387. It was getting dark when I woke up.

388. I put on my dress,

389. then he came out of the bathroom

390. and he wanted to do it to me again.

391. So I tried to run and he grabbed me.

392. So I picked up the knife off the table and...

393. I didn't even know that I hurt him.

394. What did you do with the knife?

395. I don't know. I was so scared that I just ran out.

396. I didn't even know where I was.

397. Did you go to a doctor or to a hospital?

398. Why are you...

399. Danielle, did you see a doctor?

400. No. Did you tell anybody about this?

401. No.

402. I couldn't.

403. I felt so stupid. I felt like it was my fault.

404. Mom.MRS. Come here.

405. She was dizzy, disoriented, paralyzed.

406. Sounds like Charley slipped Rohypnol into her drink.

407. It's colorless, tasteless.

408. Yeah. And the biggest thing on campus since keg parties.

409. Roofies pack a big punch.

410. Most of the time, girls don't even remember they got raped.

411. That's right, they don't remember.

412. You don't believe her?

413. Not until I see one piece of corroborating evidence.

414. Come on, she's a naive kid who got hustled by some creep.

415. She disposed of the murder weapon, lied to the police,

416. fabricated an alibi. She didn't get here on a turnip truck.

417. Well, then I did because I believe her.

418. She could've kept her mouth shut

419. and let the lawyer do the talking, but she didn't.

420. I doubt he cries as well as she does.

421. LT, take a look. Does she look like a stone killer?

422. Um, what am I supposed to be looking at, Rey?

423. Okay. So, what do we do with her?

424. What we usually do with people who kill people.

425. Danielle, would you please stand up?

426. MR. Why?

427. What's going on? Danielle Mason,

428. you're under arrest for the murder of Charles Monroe.

429. "Case number 072196 People v. Danielle Mason,

430. "one count Murder in the Second Degree."

431. Your plea, Ms. Mason?

432. Not guilty.

433. The People request $500,000 bail.

434. Your Honor, she defended herself against a rapist. She's 18.

435. She lives with her parents. We ask for R.O.R.

436. She had sex with the victim, there's no evidence she was raped.

437. Look, she voluntarily gave a full and candid statement to the police.

438. After a week of lies and deception.

439. Why don't you both save it for the trial judge?

440. $250,000, cash or bond.

441. Danielle?

442. It is a disgrace that a decent, young woman

443. cannot spend an afternoon in our city

444. without becoming prey to a common street hustler.

445. Thank God Danielle Mason fought back. Thank God.

446. Mr. Archer...

447. Do you expect the District Attorney to dismiss the charges against your client?

448. Should they? Yes. Will they? You should ask Ms. Ross that question.

449. Ms. Ross. REPORTER 2: Ms. Ross!

450. Ms. Ross, if Danielle Mason was raped, will you dismiss the charges?

451. Let's first find out if she was raped.

452. You have evidence she's lying?

453. Look at her track record.

454. Does that mean you'll present the case to the grand jury for indictment?

455. It means facts, not prejudice, will dictate how we proceed.

456. "Facts not prejudice." Well, do we have any facts?

457. There was no Rohypnol residue found in the wine glasses

458. and the police didn't find any other pills in the apartment

459. or the foil wrap they're packaged in.

460. The glasses were rinsed out.

461. Charley used his last pill on Danielle and he flushed the packaging.

462. Case over.

463. So we take her word for it, she was drugged and raped?

464. A jury will without evidence to the contrary.

465. Not to mention, her story pushes all the hot buttons,

466. black on white crime, date rape, Rohypnol.

467. Did I forget anything?

468. Yes.

469. Common sense.

470. She went to bed with him willingly,

471. why kill him? Buyer's remorse?

472. Well, until you come up with a better motive than self-defense,

473. stay away from the grand jury.

474. Adam's right. Who knows, she might even be telling the truth.

475. Look at this. She told the police she came out of Charley's apartment

476. and she didn't know where she was.

477. Right.

478. Her first time in his neighborhood.

479. This witness says she came into his store looking for a cab.

480. The place was known as a hangout for cabbies.

481. She had been there before.

482. She just asked me to say we were at the library, she didn't have to say why.

483. She's my friend and that's reason enough.

484. You don't think she would've told you if she'd been raped?

485. She was ashamed. Come on, Gina.

486. She knew his neighborhood. You're her best friend.

487. She must've told you something about him.

488. Why is it so hard for you people to believe her?

489. You know, I know a lot of guys

490. who don't go out on Saturday night

491. without a rubber and a roofie.

492. Has it happened to you?

493. Is that where Danielle got her story?

494. You know what? The hell with you. You ask any of our friends.

495. Those niggers are always trying to scam white girls. They all want a piece of this.

496. And if they have to rape you to get it, they will.

497. There's no record of calls from Charley to Danielle's house or the rest home.

498. Well, ditto for calls from Danielle to Charley.

499. But she did call his pager service.

500. There's got to be like 50 calls here

501. over the last couple of months.

502. A service? Cut-rate.

503. You dial the number, then punch in a code

504. and it routes the call to the right pager.

505. So she was calling him, or one of 100,000 other subscribers.

506. Her calls to the service stopped the same day he was killed.

507. She was too upset after her brutal rape to call anyone.

508. Seven acquittals, huh?

509. Eight if she was my client.

510. Well, we talked to Charley's friends.

511. He never even told them he was seeing this girl.

512. And what are all these calls here from Charley to A.S.M. Incorporated?

513. A.S.M.? Charley had a stack of paychecks from them.

514. A.S.M. It's one of his summer jobs.

515. A.S.M. is in Queens. So is Danielle.

516. Charley was one of my top producers. Funny kid. Goes to show.

517. What's that?

518. He just didn't look the type.

519. What about the girl?

520. She ever stop by to visit him? No.

521. Charley worked outside the office ringing door bells.

522. Selling magazines. Was Harper Street on his route?

523. Yeah.

524. Any sales to the Mason family at 325 Harper?

525. No, he got a sale from McDermott's at 306, Bergin, 343.

526. Nothing, 325.

527. But he would've rung their bell?

528. That's the general idea.

529. He sold magazines to the left of her and to the right of her,

530. but there's no evidence she was even home when he rang her door bell.

531. You're 18, you're seeing somebody for two months,

532. and you don't tell anyone?

533. Not all men brag.

534. And I never met a woman who could keep a secret.

535. Danielle's friends aren't burning any crosses yet,

536. but I can see why she wouldn't want them to know about Charley.

537. There's nobody she talks to?

538. No coach? No guidance counselor?

539. Nobody like that in her file.

540. The papers have been playing up

541. her volunteer work at a rest home.

542. Danielle is a very sweet girl.

543. We, right away, took a liking to each other.

544. You see, she doesn't have a grandmother.

545. I told my grandmother things I wouldn't tell my parents.

546. Mmm-hmm.

547. Did you say you were a lawyer?

548. Yes. An Assistant District Attorney.

549. I heard Danielle was in trouble.

550. We're trying to find out what happened.

551. Did she tell you about a boyfriend?

552. She said she met somebody.

553. What did she say about him?

554. This is just between us, Mrs. Rainey.

555. Well, she told me she kissed him.

556. Did she tell you his name?

557. I'm not sure.

558. Did she say if he was black?

559. She didn't say.

560. Do you think she'd keep it a secret? Oh, no.

561. She dated this boy on the football team in high school.

562. She was a cheerleader. He's black.

563. She made no bones about it, she even brought him home to dinner.

564. You know young people, they run hot and cold.

565. So what happened?

566. Well, Danielle broke her arm falling off her bike,

567. she stopped being a cheerleader,

568. and she said the boy met another girl.

569. Danielle never talked about him again.

570. One kiss from a mystery lover, that's some revelation.

571. Want me to go back with a rubber hose?

572. I wouldn't dare suggest it.

573. In the meantime, all we have are maybe's, could be's and coincidences.

574. Doesn't add up to a relationship or a motive. Yeah?

575. Charley Monroe's parents are downstairs. With their attorney.

576. It's been over a month, Mr. McCoy.

577. You haven't presented one witness to the grand jury or issued one subpoena.

578. I'm sure you explained to your clients, Mr. Baylor,

579. there's no rush to indict.

580. You have a signed confession.

581. We have a statement,

582. which came with a defense that we can't at this time rebut.

583. Can't or won't?

584. Don't be shy. Put your cards on the table.

585. This white girl's lawyers are on the news every other day,

586. mocking us, calling their son a street hustler...

587. I'm not trying this case in the media.

588. You're not trying this case anywhere.

589. You're saying that the killers of young, black men

590. have nothing to fear from the District Attorney.

591. I understand you're frustrated.

592. But if we go to trial now, we'll lose.

593. Simple as that.

594. It doesn't make sense. She can't prove Charley raped her.

595. It's enough that she says he did.

596. We have to prove he didn't beyond a reasonable doubt.

597. This is just like the last time. I can't go through it again.

598. What last time?

599. A girl accused Charley of touching her.

600. He has a criminal record?

601. He was a kid. We told Lieutenant Van Buren.

602. It's of no consequence, he was 12 years old. Jane, Ed.

603. We're putting you on notice, Mr. McCoy.

604. Either you move this case forward, or we start shoving.

605. The record was sealed. It should've been expunged.

606. It wasn't even supposed to be on the system.

607. Hardly the point. You knew about it.

608. You should've told us.

609. It was a six-year-old misdemeanor.

610. It's a sexual assault.

611. He was a minor participant.

612. No drugs were involved, no weapons, no rape.

613. I made a judgment call.

614. This is my case, Lieutenant. I decide what's relevant.

615. This is a disaster.

616. Not only does it make Charley Monroe look bad,

617. it makes us look worse for withholding evidence.

618. Well, if anyone was looking for an excuse

619. to drop the case, now they have one.

620. It's not exculpatory evidence.

621. Under Brady, we're under no obligation

622. to turn it over to the defense.

623. They can argue it's evidence he had a reputation for sexual violence.

624. Which is relevant only if she knew

625. his reputation before she killed him.

626. She can't say she did and claim she didn't know him.

627. Do you expect a jury to give a damn?

628. I don't want this to come back and bite us in the ass in the middle of the trial.

629. Notify the defense.

630. Mr. McCoy? This is for you.

631. It's from the Monroes' attorney.

632. They filed a writ of mandamus to force us to indict.

633. I'd call that a shove.

634. Under C.P.L.R. section 7803,

635. this court can compel Mr. McCoy to perform his duty.

636. The decision to prosecute, let alone seek an indictment,

637. is solely within my discretion.

638. His refusal to indict Danielle Mason

639. is an abuse of that discretion.

640. Prosecutorial discretion is absolute.

641. By definition, it can't be abused.

642. There are no absolutes in the law, Mr. McCoy.

643. You have a confession, what's the problem?

644. The defendant made a claim of self-defense.

645. Well, let a trial jury decide if she's credible.

646. Mr. McCoy can make his prima facie case for murder.

647. I can only see one reason why he hasn't sought an indictment.

648. I want a murder conviction as much as you.

649. Calling me a racist...

650. Address yourself to me, Mr. McCoy.

651. Your Honor, it's up to you to give the victim's family a chance at getting justice.

652. With all due respect, Your Honor,

653. you don't have the authority to force this case before a grand jury.

654. I cite Hammond v. Leonard, Murphy v. Kelley...

655. I don't really care about precedence, Mr. McCoy.

656. I'm granting the petitioner's request,

657. and I'm ordering you to seek an indictment.

658. Your Honor... We're done, Mr. McCoy.

659. Either you comply,

660. or I'll have you removed from the case and cited for contempt.

661. She overstepped her authority and thumbed her nose at 100 years of precedence.

662. The appellate division will reverse the order.

663. Yeah, well, you're not filing appeal.

664. The Monroes didn't have standing to even bring the suit in the first place.

665. It's moot.

666. I don't want anyone to think that we don't care what the victim's family wants.

667. The judge was mugging for the cameras, Adam.

668. Her decision's completely political.

669. The case is political.

670. If you think that being called a racist by one hothead is bad,

671. you appeal, then you see what happens.

672. We haven't been sitting on our thumbs, we're still gathering evidence.

673. It's not enough to be busy, you've got to look busy.

674. Get an indictment. Go to trial. Give them what they want.

675. I have to convince a jury that

676. Charley Monroe didn't rape Danielle Mason.

677. We're 20 minutes from Howard Beach.

678. A young, black man can't talk to a white girl

679. without getting his brains kicked in by thugs.

680. Means, motive, opportunity. Two out of three ain't bad.

681. She was familiar with his neighborhood.

682. And her calls to his pager service

683. stopped the day he was murdered.

684. What conclusion, if any, did you draw from this evidence?

685. That she knew the victim

686. and that she had been to his apartment before that Sunday.

687. Detective, you don't have any direct evidence

688. to support your conclusion, do you?

689. You don't have any eyewitnesses who saw them together,

690. no photographs, no letters?

691. No, nothing like that.

692. Now, who secured the order to fingerprint my client?

693. Lieutenant Van Buren.

694. This is your African-American superior?

695. She's my boss, yes.

696. And didn't she also run the interrogation? Yes.

697. Uh-huh. Does she always get this involved

698. or only when white people are suspected of killing blacks?

699. Objection! Withdrawn.

700. Now your partner testified

701. that Mr. Monroe had a sealed criminal record.

702. Do you know what it was for?

703. It was a misdemeanor sexual assault.

704. Did you know this before you arrested my client?

705. No.To your knowledge,

706. did anyone in the office?

707. Lieutenant Van Buren.

708. Oh. Her again.

709. Well, now that you know this, as a professional investigator,

710. are you more likely to suspect that Mr. Monroe raped my client or less likely?

711. I'd have to say more likely.

712. In my opinion, it wasn't relevant.

713. No more than a rape victim's sexual history would be.

714. Permission to treat as hostile.

715. Go ahead.

716. You took a personal interest in this case

717. right from the beginning, didn't you?

718. I'm paid to take a personal interest in every case.

719. Oh, in every case, you routinely secure court orders?

720. No. Not routinely.

721. You routinely conduct interrogations in your precinct?

722. No. Then why this time?

723. In my experience, a female suspect

724. is more comfortable talking to a female detective.

725. So you were concerned with my client's comfort level.

726. Lieutenant, isn't it true that you hijacked this case from your detectives?

727. No. That left to their own devices

728. and with the information that you withheld,

729. they would never have booked my client for murder?

730. No.In fact, the only reason that we're here

731. is because you and the entire black community

732. bullied the District Attorney into getting an indictment.

733. Objection. The District Attorney himself

734. doesn't even believe in this case.

735. Mr. Archer, you are out of order.

736. The jury will disregard counsel's outburst.

737. I'm very sorry, Your Honor.

738. No more questions.

739. Van Buren wasn't intimidated.

740. She held her ground.

741. A strong black woman.

742. Just what that jury wants to see.

743. Archer's making history. He's the first lawyer to claim

744. a white defendant is being persecuted by the black power structure.

745. Hello?

746. We'll be right there.

747. I received this letter late this afternoon. It's unsigned.

748. The author claims to be a co-worker of juror number six,

749. who he says is a racist.

750. Number six. The tool-and-die-maker.

751. The white tool-and-die-maker.

752. The letter reads in part,

753. "I heard him say on several occasions

754. "how he can't stand taking the subway anymore

755. "because he has to ride with the blacks.

756. "He wishes they had a special car for them at the end of the train."

757. Have you spoken to the juror? Yes.

758. Of course he denies the allegations,

759. but I'm inclined to dismiss him.

760. What a coincidence. Your Honor,

761. the first alternate juror is a young black woman.

762. This letter is a blatant attempt to hang the jury by altering its racial makeup.

763. It's tampering. Unless it's true.

764. My husband is waiting for me in the Hamptons.

765. I'll hear arguments on Monday.

766. Maybe today's the day to buy a lottery ticket.

767. I'm not so sure.

768. Call Briscoe and Curtis. Have them look into this.

769. This is a serious accusation. I hope the judge does the right thing.

770. It's so serious, I had the police check into it.

771. Workers at the juror's tool-and-die factory said a heavy-set white man

772. driving a red Ford tried to question them about the juror.

773. Doesn't your investigator drive a red Ford, Mr. Baylor?

774. You're saying I wrote this letter?

775. You're accusing me of jury tampering? You better back it up.

776. This isn't the way to get justice for your son.

777. We don't know anything about this letter.

778. But from where we sit, your way isn't working.

779. Our way was to get all our ducks in a row before going to the grand jury.

780. Right, it's our fault.

781. Charley was stupid to get mixed up with a white girl,

782. and we're naive to expect a fair trial.

783. Stunts like this letter don't help.

784. They're dragging my son's good name through the mud.

785. What're you doing to stop it?

786. You tell Adam Schiff that if this racist isn't thrown off the jury,

787. I'm releasing the letter to the media.

788. Thanks for meeting with us.

789. I think that you'll agree that our proposal is fair.

790. It's up to Judge Stein if she wants to dismiss a juror.

791. Well, she can't decide on caf v. decaf.

792. We can agree to skip the first alternate and seat the second.

793. A white male instead of a black woman.

794. It maintains the racial make-up we started with.

795. I'll let you know.

796. Ooh, Stein wants to hear from us in an hour.

797. Then you'll know in an hour.

798. All right. Let's go.

799. Hey, don't you see what's going on? That letter is a fake.

800. I mean, these people are trying to rig the jury.

801. They are incapable of playing by the rules.

802. Dad.

803. It's just a game to them, Mr. McCoy.

804. They have no respect for our system.

805. And one of their boys raped my daughter,

806. and now they're using you to do it again.

807. All right, Henry, that's enough. That's enough. Come on.

808. In an hour.

809. Racial make-up, my ass.

810. Archer's afraid a black woman would vote to convict.

811. What makes you so sure she would?

812. I'm telling the judge we'll go along with Archer's proposal.

813. I don't like being manipulated by phony letters.

814. You like losing better? We don't know for a fact the letter's bogus.

815. Seating a black woman would get us closer to a hung jury.

816. And to prosecutorial misconduct. I don't want to do it.

817. You heard Danielle's father. That's who wins here.

818. A bunch of bigots. Because your ethics might get ruffled.

819. You took the same oath I did. They're your ethics now.

820. Well, they won't help when Danielle takes the stand tomorrow.

821. It will be one hell of a show.

822. A sweet kid telling a very appealing well-rehearsed lie.

823. I'm glad I don't have to cross-examine her.

824. Thanks.

825. I'm open to suggestions.

826. If you want to rattle her cage,

827. try asking her about her father.

828. You see how she reacted when he went off on that rant?

829. When Danielle was seeing that black football player in high school,

830. you said she had an accident?

831. Yes. I was told she fell off her bike and broke her arm.

832. And then they split up.

833. I'd love to see that medical report.

834. Well, it's not quite ethical,

835. but I still have some sources at medical insurance companies.

836. Now it's your ethics being ruffled.

837. Get me that report.

838. So, what is it that can't wait?

839. Ms. Mason,

840. do you remember dating a black football player at your high school?

841. Wait, don't answer that. You'll get your chance

842. to ask her all the questions you want

843. when she gets on the stand this morning.

844. Then she can sit and listen.

845. Go ahead.

846. You stopped seeing him after he met your parents.

847. After you broke your arm.

848. We don't have to listen to this crap.

849. This is a copy of her medical report from her accident.

850. It states that she had a spiral fracture of the forearm.

851. Where'd you get this?

852. That's not important.

853. I've read enough child abuse reports

854. to know spiral fractures are caused by

855. someone twisting your arm until it breaks.

856. Someone like your father.

857. That's why you stopped seeing that football player.

858. Now wait a minute...

859. That's why you kept Charley Monroe a secret

860. because you were afraid of your father.

861. Stop right there. First off, this never gets in front of a jury.

862. I don't need this report. I have a good faith basis

863. to question her about her injury.

864. You don't have the report, you can't ask the question.

865. Tell that to the Appeals Court.

866. I'm going to cross examine you about this.

867. You can lie or refuse to answer but it'll be out there

868. for everyone to see.

869. He can't do this, can he?

870. I certainly can, Mr. Mason.

871. That's all I had to say.

872. Mr. Archer, are you ready to call your next witness?

873. At this time, Your Honor, the defense rests.

874. I heard the jury put in their order for dinner.

875. And for breakfast tomorrow.Ms. Ross?

876. Four days deliberations. What're they doing, electing a Pope?

877. Probably still wondering why she never took the stand.

878. By the way, terrific bluff.

879. It was 50-50 whether Judge Stein would disallow the questions.

880. That was Stein's clerk.

881. The jury wants part of Van Buren's testimony read back.

882. Question. "Lieutenant, how many rape cases

883. "have you investigated during your career?"

884. Answer. "45 to 50."

885. Question. "In your opinion,

886. "was this defendant's behavior consistent

887. "with these other rape victims?"

888. Answer. "No. They didn't lie about being raped.

889. "They told a friend or family member

890. "and they didn't make up alibis."

891. That concludes the read-back.

892. Now the jury has a question as follows.

893. "If we find the witness was less than truthful

894. "in one aspect of her testimony,

895. "can we still believe other aspects of her testimony?"

896. You may believe a witness' testimony in whole or in part.

897. How much is up to your common sense as a jury.

898. You may resume your deliberations now.

899. It's going our way. They're giving Van Buren the benefit of the doubt.

900. McCoy, your office in 10 minutes.

901. I've advised Danielle to take a plea.

902. We're thinking man two, with a sentence recommendation.

903. I'm thinking

904. the jury is voting to convict on murder two as we speak.

905. Man one. She does 15 years.

906. Tell us what happened, Ms. Mason.

907. We spent the afternoon making love.

908. I had to go home.

909. He wanted me to stay the night.

910. He knew that wasn't possible. My father would've gone crazy.

911. What did Charley do?

912. He started taking the pictures of me off his desk.

913. He said if I didn't want them,

914. he was going to throw them away.

915. He said he never wanted to see me again.

916. Did he tell you why?

917. He said I acted like being with him was something dirty.

918. That he was tired of being my black buck

919. and hiding in the cellar.

920. He just didn't understand.

921. If people in my neighborhood had seen us together, they would've killed us.

922. What happened after that?

923. He told me to leave.

924. I wouldn't.

925. He started dragging me toward the door.

926. But I couldn't believe that he was doing this to me.

927. I begged him to stop.

928. I hit him.

929. He said that he didn't love me.

930. So I hit him again and he wouldn't let go.

931. You killed him because he rejected you?

932. No. I needed him.

933. He was the most important thing in my life.

934. I understand perfectly how she felt.

935. She risked everything to be with him.

936. You're talking about obsession.

937. No.

938. I just remember what it was like to be in love at that age.

939. Did I say something funny?

940. I almost forgot what started this circus,

941. two kids in love.

942. What could be simpler?