NARRATOR: In the criminal justice system
the people are represented by two separate yet equally important groups,
the police who investigate crime
and the district attorneys who prosecute the offenders.
These are their stories.
(PEOPLE CHATTERING)
MAN 1: Hey, hey! Right here! Right here! MAN 2: How're you doing?
MAN 1: Okay.
Great. Yeah, right there.
Hey, how are you?
Little bastard.
You'll fire his ass one day.
I can't find him anywhere, Derek.
He'll miss his award.
I knew we'd have to drag RC out from that studio.
And I called his cell, but there was no answer.
Well, there's still time.
I'll take the limo.
RC, man, what are you still...
ED: You're not gonna believe who the dead guy is.
Ronald Caldwell. I don't believe it.
That's RC Flex. He practically invented the wheels of steel.
Never heard of him.
He's one of the first DJ's to come out of Brooklyn in the '80s.
The man's a legend.
He certainly dresses like one.
Patek Philippe watch, diamond cuff links.
Yeah, he's a stylish cat.
Looks like he took one in the chest.
There's a shell casing over here, looks like a .45.
It's burnt plastic.
Gunpowder? Mmm-hmm.
Well, whoever came in meant business.
There's a lock on this door
and there's a lock on the door from the street, too.
RC must have buzzed him in.
He knew the shooter.
CSU guys found this in the stairwell. Bottom landing.
Orange Delecta. Mmm. Thought so.
It's a ghetto silencer.
Make sure Latent gets that. Yeah.
You know, it takes some doing
to duct tape a pop bottle to the end of a gun barrel.
You've tried it? I've tried everything once.
Not this.
My sons still own all of his albums.
RC Flex and his crew were like the hip hop Beatles.
They were the first rappers to cross over.
The press has gotten wind of it.
Well, there's nothing like a dead celebrity to sell newspapers.
And records. What do we know?
He was shot once with a .45 semi-automatic.
The shooter used a silencer made from a plastic soda bottle.
That's the hold-back.
There's no evidence of forced entry,
so we think that Caldwell buzzed whoever killed him into the studio.
I doubt this was a rap rivalry.
You mean like that East Coast/West Coast stuff?
I thought that nonsense was over years ago.
If it ever really existed outside the media.
I'm glad you two know what the hell you're talking about
because I sure don't.
Besides, I don't see RC going at it like 50 Cent and Ja Rule.
RC was old school. His music was about kicking back and partying.
Well, that party's over.
ED: Excuse me, sir. We're here to talk to Nicole Caldwell.
Let me see some ID.
You're busting our stones, right?
These people pay five million an apartment,
they expect top notch security.
There you go, bro.
Nineteenth floor. What apartment?
There's only one.
RC's come a long way from Fort Greene.
FONTANA: We know this is a difficult time
and we're very sorry for your loss, Mrs. Caldwell.
Thank you.
Sir, do you mind if we talk to Mrs. Caldwell alone?
It's okay, Derek is family.
I knew RC for over 20 years.
We put each other on the map
when I was at Fidelis Records.
You folks were at some kind of a party last night?
RC was supposed to receive a career achievement award.
He never showed up.
You didn't attend the ceremony with your husband, Mrs. Caldwell?
RC had to attend a showcase downtown first.
It's an industry event for unsigned artists.
The man was genius at taking raw talent to the next level.
Why did he go to the studio instead of going straight to the awards ceremony?
He left his tux there.
Did he have a problem with anyone who may have been at this showcase?
You think someone at the showcase did this?
Oh, Pete would never let that happen.
Who? Pete Andretti,
his bodyguard.
RC liked to have protection for certain events.
There is supposed to be a file on every client,
but I can't find RC's paperwork.
Forget about the paperwork. Do you know if Mr. Andretti was guarding RC last night?
Did something happen to him?
He was shot in his studio.
Is he okay?
FONTANA: No, actually he was killed.
You knew him?
Uh, no, not really.
I've only been working here a couple weeks.
What's up, Cece?
Pete Andretti? Yeah.
Pete. RC's been killed.
I know. I just heard it on the radio.
Better come to my office.
We didn't mean to upset your secretary.
No problem. Cece's my wife.
Hey, that's a nice piece.
What is that? The Beretta nine millimeter?
Beretta .45.
Huh. Now that's a good gun.
Hey, so you were with RC last night?
Yeah. I did his security the last two years.
Before that I was on the job. I worked the 115 Squad.
South Jamaica. That's a tough neighborhood.
Yeah, it was perfect training for this gig.
Lot of rappers come out of that hood, you know.
Best to know the players, the beefs.
Any beefs with RC?
(SIGHS) Nothing but love for RC in the hood.
So, how long were you at the showcase with RC last night?
The Groove Club? From about 7:00 to 8:00 something.
Afterward, I put him in a cab to go to the studio and get his tux.
No threats, no fights, no arguments?
No, no. Just another boring day at the office.
(sums)
I can't believe someone took him out.
Last night was not what I'd call a fighting crowd.
What would you call it?
Boring. Industry.
Agents and Managers rent the place,
put up a bunch of wannabes, see who pops, who's got "it."
Hey, did anybody try anything with RC?
Not even close.
Especially with Mooney at RC's table.
Who's Mooney?
His bodyguard.
What does Mooney look like?
A refrigerator with a head. Black guy.
Really?
Said he went to high school with RC.
Andretti lied about being at that showcase,
which means Mooney was the last person to see RC alive.
Fort Greene High School yearbook. Class of '82.
Did Mooney show up for his class photo?
He's in here. Leon Mooney. Four years varsity football.
Here we are. Starting right tackle.
Where's Mooney at now?
You're gonna love this. Iran him through NCIC.
He's on the job in Queens.
This is great. Our best leads are both police officers.
Well, Detective Green, how would you like to handle this?
Do we confront Andretti with his bogus story
or hammer Mooney with the job?
I think it's better if they don't know we're looking at them yet.
Let's just keep digging, starting with Andretti.
I only partnered with Andretti a year before he retired.
He invested 17 years and he quits?
That doesn't seem right.
I heard he makes better money with that security firm he started.
That's it? That's the whole story?
It was a well known secret that Pete was still on the job
when he started his company.
That's conflict of interest.
Most of the rappers he worked for had records.
Made a lot of people uncomfortable, me included.
Did he get caught in the middle of something?
He was doing a security gig at this club on Merrick Boulevard.
Two mopes bump into each other,
next thing you know, guns are out.
Pete ended up shooting one of them with his service revolver.
And he takes an early retirement.
And the Department banned us from off-duty work with his company.
Anyone who broke the rule would get 30 days on the street.
Like Mooney.
Thanks a lot.
Officer Mooney.
Hey, Donnie, give me a minute with these guys, all right?
I knew it was just a matter of time.
So your old friend gets shot
and all you can think about is saving your own ass?
If I had any information about that night, I would've said something.
Well, now it looks like you have something to hide.
ED: Now the big question is
why you were working this gig in the first place?
MOONEY: What do you mean?
Andretti says that he always bodyguards Caldwell.
Unless that was a lie, too?
Lately Pete just didn't want anything to do with RC.
That's why he offered me the gig that night.
Something went down between them.
Like what?
I'm not sure.
But I was in the office picking up a check when RC came by.
He gave Pete a brand new iPod to give to his wife.
Cece? Yeah,herbh1hday was coming up.
As soon as RC left the office,
Pete turns around and gives the damn thing to me.
Maybe he felt he was being shown up by Caldwell.
Somebody wants to give my girl an expensive gift,
I say thank you for saving me some cheddar.
But Pete,
he just did not want her to have that thing.
Andretti didn't want us to know that he wasn't
working security for RC anymore.
What if it's his wife he's all bent out of shape about?
You saw her reaction when she found out that Caldwell was dead.
Yeah, she tried to hide it, but she was pretty upset.
Especially for someone who's only worked there for two weeks.
Hey, you think he made his wife work there
so he could keep an eye on her?
Well, maybe he got tired of doing security for Caldwell
because he didn't wanna be around the guy who was servicing his wife.
Well, we know he's got a .45.
And a motive.
Oh, man, don't even try to play me.
I used to be on the other side of that table, remember?
So who's the good cop?
Look, man, we ain't running game on you.
Best game of all is no game.
Now, I know you talked to Mooney. Am I a suspect?
Let's just say that you're a person of interest.
So you found out about RC and my wife.
Mmm-hmm. Your wife's young,
she's probably a little star struck.
Big time player like RC couldn't help himself.
And I'd almost say I wouldn't blame you if you went after him.
All I did was stop watching his back.
I ain't taking a beating for no dude who's taggin' my woman.
Caldwell was shot with a .45.
And I was at home.
ED: All night?
No.
I couldn't sleep, so I went for a drive.
(CHUCKLES)
That's not good, Pete.
Got a pack of cigarettes at a gas station in Manhasset.
Then I went home.
Can your wife verify that?
When I got home, she was sleeping.
Of course.
Run ballistics on my gun if you want to.
We will.
(KNOCKING ON DOOR)
The M.E. is looking for you.
Stay here.
I used a track probe to trace the path of the bullet.
It entered at the center sternum, went front to back.
So what does that tell you?
Well, judging by the angle, he was standing, facing the shooter.
Took out his aorta. Death was instantaneous.
Your good Samaritan must've been in a panic.
Good Samaritan?
Our friend has got marks along his sternum,
artifacts of resuscitation.
CPR? On this guy?
Someone tried to save his life, someone who wasn't very good at it.
These are classic signs of overzealous chest compression.
And this happened between the time he was shot
and when the body was discovered?
Oh, this trauma is peri-mortem.
Life saving measures were attempted within seconds after he was shot.
That means somebody else was in the studio that night.
RC Flex.
He rocked until he sold out and made that record with that grunge band.
Hey, listen, there was somebody else in the studio
that night besides the shooter.
And we're hoping you can tell us who.
Well, the soda bottle was one of a batch of 12,000 from a plant in Newark.
Well, that's fascinating.
Now if you could only tell us who was drinking it we'd be in business.
There wasn't any usable DNA.
But absence of evidence is not evidence of absence.
(SIGHS) Beck. Did you find any hairs or fibers?
Yeah, hundreds. But nothing I could identify in a database.
But there was a compact disc in the studio console.
I burned you guys a copy.
What's on this?
Three tracks. Judging by the frequency of the expletives
I would categorize it as gangster rap. It's pretty good stuff.
Well, if RC was working on this,
the rapper on these tracks might have been there in the studio.
Exactly. Thanks, Brian.
Yeah.
WINSTON: I heard Pete Andretti's in custody.
Not anymore. He checked out.
So you're nowhere?
We're doing the best we can.
That's what they said about Biggie and Tupac. It's been 10 years.
People in the industry want results, but they don't want to cooperate.
And we know you're not gonna be one of those guys,
and that's why you'll identify who's singing on this CD for us.
Right, mate?
Let's see what we got here.
(RAP MUSIC PLAYING)
(SINGING) Hoffa Hoffa f-fofffsf
Don't make no difference how you live
With all the ways there is to die...
That's 4-Strike.
Makes me want to go home and listen to Dean Martin records.
4-Strike. Never heard him.
He's a kid named Stephen Foreman from Queens.
His first album did only 50,000 units.
I signed him because I thought he'd really blow up with RC producing.
You don't sound too happy about the CD.
I'm not.
This isn't the single RC and 4-Strike just finished yesterday.
It's a re-mix,
a different version than what they recorded for the album.
What's wrong with doing both?
The re-mix isn't authorized by the label.
It's to sell on the street, behind the label's back.
And 4-Strike gets 100% on whatever he sells out of his trunk.
I gave him 90 grand as an advance.
I can't believe Stephen would do this.
What makes you think Stephen has anything to do with that mess?
Well, he probably doesn't, Mr. Foreman.
But we're talking to everybody that RC worked with.
RC was the only person in the music business our son really trusted.
When Stephen got his advance money
he wanted to buy a Mercedes-Benz.
I told him it was a waste of money.
But he wasn't about to listen to his own parents.
RC talked some sense into him.
Convinced him to get a MetroCard and a money market account.
HAROLD: Stephen. The police are here to see you.
The truck goes down, bro'. Work that one. (RAP MUSIC PLAYING)
Oh, got it?
Hey, Stephen.
What's up, man? Detective Green. This is Detective Fontana.
Nice set up you got here, bro.
It's all right.
Very impressive.
What's equipment like this cost a fellow?
I don't keep track.
Excuse me, player. You need to leave for a minute.
I'm about to do some serious damage on this here, man.
He'll save the game for you. We need to talk to him. Come on.
All right. See you.
It's messed up what happened to RC.
Figure out who did it yet?
Well, that's what we're working on.
Where were you that night he was shot?
I was here, chilling with the family.
And when was the last time you were at the studio?
I don't know. Couple of weeks ago.
I had to lay down some tracks for my single.
These tracks for the album or the mix tape you were making behind RC's back?
RC was listening to it in the studio the night he got shot.
That wasn't no mix tape.
RC knew I wanted to produce.
He was like "Cool, I'll send you the tracks,
"just show me what you could do."
I remixed it here and asked him what he thought.
When did all of this happen?
A couple weeks ago, like I said.
Okay. Okay.
That boy's lying.
Winston said that they didn't even finish that single
'till the day before RC was killed.
That's right.
Okay, so let's just say that this kid takes the mix tape to the studio
to get RC's approval and RC doesn't approve.
I mean, the last thing RC wants
is for this mix tape to end up on the street
before the album hits the stores.
So RC threatens to tell the record label.
And then Stephen kills the producer
because there's all that money at stake?
Or there was something on that mix tape that RC didn't like?
What could it be? The music? The lyrics?
I don't know, but I want to hear that CD again.
I know the perfect spot.
(MUSIC PLAYING ON CAR STEREO)
(SINGING) Told you how it's gonna be
Can't roam around this street for free
Yeah, how much did this system set you back?
A friend of mine did me a favor.
Throw a bullet rock and stop your clock
Orange Delecta on my Glock
Put your bricks into my lock
Hold up. You hear that?
Play some more.
4-Strike and Psycho, 2003,
Throw a bullet rock and stop your clock
Orange Delecta on my Glock
He's rapping about a murder. Him and a dude named Psycho
robbed and shot a drug dealer
using an orange Delecta silencer.
Now what are the chances of that?
Well, you know what Yogi Berra says.
"It's too coincidental to be a coincidence."
April 4th, 2003. Drug dealer by the name of Santo
is driving down Hillside Avenue.
Stops for a light, somebody grabs a bag out of his car,
Santa takes one 'm the head.
All they heard on the street was a pop.
And that was from a ghetto silencer?
We think so. M.E. found plastic fragments in the wound.
Is the case closed?
No, but we're pretty sure who did it.
This kid called Psycho and an unidentified accomplice.
And what, you couldn't make a case?
Witnesses caught amnesia like the flu.
Crimestoppers got flooded with calls
fingering guys we could never track down.
The case turned into a three ring circus.
That's Anthony Harrison aka "Psycho."
He's 4-Strike's Xbox buddy.
FONTANA: The kid from 4-Strike's garage.
Maybe you want to save us all some time,
tell me what you're lookin' for.
Do you have any orange beverages on the premises?
Why? Bedroom's clean.
Place is spic-and-span, Detective.
Yeah. Sorry for the inconvenience.
I don't understand. You talked to him already.
Mrs. Foreman, I'm sorry.
My son didn't do anything.
Ma'am, we have a search warrant,
which means I'm gonna have to ask you to please stay out of the way. Okay?
COP: Ed, I got something here.
Must be like athousand CDs.
"4-Strike Street Mix."
COP: And these boxes are full of them.
Hey, did you check these boots already?
No, not yet.
Doesn't that look like melted plastic in the tread?
That's gunpowder. Voucher these.
You're under arrest for the murder of Ronald Caldwell.
What are you doing?
You have the right to remain silent.
Anything you say can be used against you in a court of law.
You have the right to an attorney.
My client isn't interested in a plea, Jack.
Who said anything about a plea, Mr. Silverman?
Oh, so you dragged us out here to apologize for the misunderstanding?
There was a third party in the room when Caldwell was shot
who tried to save his life.
And why are you giving me this gift?
You were going to get the autopsy report sooner or later.
Oh, you don't know this person's name, do you?
Why don't we step out so you can spend a few minutes alone with your client?
I think that's a good idea.
No. Stephen.
It's not gonna help anything.
Do you realize that you're facing 25-to-life for this, Mr. Foreman?
If you're afraid of someone, we can protect you.
I ain't afraid.
I just ain't got nothing to say to you.
"Docket number 48470.
”People of the State of New York v. Stephen Foreman.
"Murder in the Second Degree."
Plea?
Take a guess, Judge.
Oh, I've been here for three hours, Mr. Silverman.
I need a cup of coffee. That's "not guilty." The People?
Mr. Foreman, also known as 4-Strike,
executed a much-beloved figure in the New York music community, Judge.
The People ask you to remand him.
And my client denies this scurrilous allegation
with every ounce of his being.
Look in the gallery, Your Honor.
Stephen's friends, his fans, the CEO of his record label
and most importantly, his parents. He is not going anywhere.
Bail is set for $2 million. (PEOPLE EXCLAIMING)
Just in case he gets Wanderlust.
No need to put him on the bus back to Rikers, Your Honor.
We have certified checks for that amount right now.
The gossip columns say he's already back
in the studio making his next record.
Cashing in while the spotlight's on.
I suppose a murder charge is the ultimate credential in the rap world.
Yeah, it's all about marketing your street rep.
Some of these so-called "thugs"
are from good families in middle class suburbs.
So, was Ronald Caldwell some kind of trophy?
It's just hard for me to believe that Foreman
would gratuitously kill one of his idols.
Ahh, but you just said street rep sells records.
And if Caldwell was about to shut down his
lucrative bootleg business, he hit the daily double.
It just doesn't line up.
He's a really talented kid. He has no priors.
Just means he never got caught.
I know a lot of these rap songs are over-the-top,
but he did brag that he killed a drug-dealer and it was true.
He's a solid citizen in school,
his parents are hardworking people.
See if they'll talk sense into their son.
I know my rights. We don't have to talk to you.
I'm here because I think I might be able to help yourson.
Help him into ajail cell.
The evidence against him is pretty strong, Mrs. Foreman.
My son has never been in any trouble before. Neven
Did you ever listen to his music?
That's just Stephen's imagination.
Well, he talks about murdering a man from this neighborhood
with his friend Anthony Harrison.
Oh, come on. In my day, the kids played army or cowboys.
Besides, he and Anthony would never do something like that.
Did you know that Anthony goes by the name of "Psycho"?
We know Anthony has some problems.
But the boys have been friends for a very long time.
Anthony watches his back in the clubs.
He even helped Stephen buy his recording equipment
before anybody ever heard of him.
Harrison has a record selling drugs. Gun possession, too.
If we could get some straight answers from your son,
I think it might make a difference.
You know, I think that's all we have to say to you, Ms. Southerlyn.
Okay.
The parents weren't very receptive.
But I did learn a few things.
Harrison is part of 4-Strike's unofficial entourage.
He bought Foreman's home studio equipment.
Probably with drug proceeds.
Your point?
These are two friends headed in opposite directions.
The one without talent hanging on for the ride.
I don't doubt Psycho Harrison was a bad influence.
But I'm not sure that's covered in the penal law.
Look what I downloaded from the Internet.
JACK: "Hiphopnationscom."
This is a chat room which posts messages from hip hop fans
about Caldwell's murder.
"Peep this. Dude named Psycho be reppin' about
"spraying RC Flex. Wettin' him down with orange Delecta."
The soda bottle wasn't released, was it?
It was part of the police holdback.
Any way to tell who posted this?
The user name is Nu-G.
The site was sponsored by Detention Records.
I was just on my way to drop a subpoena
to Derek Winston for the person's real name.
Keep me posted.
Yeah.
The website's a way for Detention's artists to connect with our fan base.
Record release dates, concert news
and anything else that's happening in the hip hop world.
One of your site's users apparently has some information
on Ronald Caldwell's murder.
It implicates 4-Strike?
Actually, it might help him.
You'll provide us with the e-mail address of a user named Nu-G?
Sure.
There was some chatter on the Internet
that another person was the shooter.
Which could just as well be something the defendant put there himself.
Still, it'd be wise to locate the source.
At least to make sure he or she doesn't turn up on the defense's witness list.
We've got that in the works.
The president of the record company that sponsors the site
seems to be cooperative.
From Detention Records. A motion to quash oursubpoena.
So much for cooperative.
The individual who posted this message
on Detention Record's website, user name Nu-G,
claims to have heard an unapprehended suspect confess to the murder.
And what makes you think this message has any credibility, Mr. McCoy?
It contains information about the murder
that wasn't released to the public.
Why should I quash the subpoena, Mr. Nelson?
The users of the website have an expectation of privacy in the chatroom.
There's no privacy agreement between the website and the user
that even suggests that these posters will stay anonymous.
Because it's understood. That's why the users don't use their real names
and only submit an e-mail address.
What they understood and what the law says
are two different things, Mr. Nelson.
I'm ordering you not only to turn over the e-mail address,
but to contact the user's ISP
and provide the People with a name and address.
I was prepared for that ruling, Your Honor.
For the record, Nu-G
is Anatoly Vozniak ofZhitomir, Ukraine.
Good luck, Mr. McCoy.
Mr. Foreman?
What are you doing here?
Looking for you.
Ain't I supposed to have a lawyer or something?
Look, you don't have to talk. Just listen.
I already listened.
Stephen, it doesn't make any sense, okay?
I've talked to your parents and your school.
I've seen Psycho Harrison's records.
I think I know what's going on.
You don't know a thing about me, lady.
I know that RC Caldwell was supposed to be a straight shooter.
That he was trying to steer you in the right direction.
Whatever, man.
And that you tried to save his life after Harrison shot him.
This was a war for your soul, wasn't it?
Are you trying to protect Harrison
out of some code you have on the streets?
I ain't trying to protect nobody but myself.
Why? Because you think you might end up like RC?
Look, Stephen, you're a decent kid, you've got a lot of talent.
Don't make us prosecute you.
L gotta g0-
I don't suppose you've been able to locate Mr. Vozniak.
He hasn't returned my e-mail. I don't know if this speaks
to the ubiquity of hip-hop or the fluidity of information in cyberspace.
I still think that there's something to it.
It's time we stopped chasing shadows and got on with the prosecution.
We're just going to ignore evidence
that somebody else committed this crime?
It's not evidence. It's a rumor.
We know that somebody tried to save Caldwell's life.
And if it was Foreman, he's had every opportunity to say so
before and after we told him about it.
The principal of his high school, his pastor, everybody that I've spoken to
doesn't think that he could've have killed this man.
JACK: Did you play Foreman's recounting
of the Queens murder to these character witnesses?
Foreman holds the key to his own fate.
If he's not helping himself, then in all probability, he's complicit.
Or he was just protecting his friend, Anthony Harrison.
If that's true, our best strategy
is to forge ahead and call his bluff.
Are there any hard facts that support a theory
that this Harrison fellow was involved?
No.
Do we have a case against Foreman or not?
Absolutely.
Then try it.
And where was this CD found, Detective Fontana?
It was found in a console at the studios of Ronald Caldwell.
It was recovered by the Crime Scene Unit personnel
on the night that he was murdered.
And did you subsequently have the opportunity
to listen to the second track of this CD?
Yes, I did.
Could you tell the jury what you heard?
I heard Stephen Foreman, 4-Strike,
talking about a man that he robbed and murdered, a man named Santo,
using a orange Delecta soda pop bottle as a silencer.
Like the one found at the crime scene?
Same brand, same flavor.
And what did you do after you'd listened to this CD?
My partner and I confirmed that there was a man named Santo Villanueva
who was murdered in the confines of the 111 Precinct last year.
Thank you.
SILVERMAN: Are you a connoisseur of hip hop music, Detective?
FONTANA: Certainly not.
SILVERMAN: So you're not aware of the fact
that many of the lyrics in a rap song
are not meant to be taken literally?
These were pretty specific lyrics.
Oh. So when Frank Sinatra sang
Fly Me to Moon, he was talking about space travel?
That's a ridiculous question.
Move to strike, Judge.
Granted.
Then what is the difference between the two, Detective?
Well, for one thing, OI' Blue Eyes wasn't bragging about killing anybody.
Well, yeah. I remember that night.
I was watching the Music Awards on TV.
SILVERMAN: And where was your son at the time?
In the living room, sitting right next to me on the sofa,
watching the show.
Are you aware there was evidence
from the crime scene on your son's shoe?
Stephen could have picked that up off the street.
You subscribe to Metropolitan Cable, don't you, Mr. Foreman?
Yeah, that's right.
Which televisions in your home are connected to that service?
Well, both of them. One in the living room
and the one in Stephen's room.
If I showed you an affidavit from Metropolitan Cable
indicating that there was a service interruption
in your neighborhood that night, would that change your testimony?
Oh, yes, you know, I do have a small portable that I keep in the closet.
Now I remember.
Stephen and I were watching the show on that one in the kitchen.
JACK: Nothing further.
Your Honor, I would like to add a witness to my list.
Your Honor!
Chambers, Mr. Silverman.
Change of plans because your alibi witness got toasted, Mr. Silverman?
I didn't know about this witness
until he approached me in court just now.
Any objections, Mr. McCoy?
I can't answer without an offer of proof.
The witness' name is Anthony Harrison.
He'll testify that although Stephen Foreman was present
when Caldwell was shot,
he himself was the shooter.
I'm speechless, Judge.
First time for everything, hey Jack?
This man is gonna take the stand
and confess under oath to a murder?
I can assure you I'm surprised as you are.
JACK: "Surprised" is not the word.
I hope the Court sees this for what it is,
an attempt to sabotage the trial.
His testimony is admissible as a matter of due process.
I'm shocked and awed myself, Mr. McCoy,
but if I don't allow this,
in my opinion, it's a slam-dunk reversal.
The People request a continuance to investigate.
Seventy-two hours.
And while you're doing that, I'll appoint a lawyer
for Mr. Harrison to make sure he's not out of his mind.
Nobody does this out of the goodness of their heart.
I'm going to pay a visit to Foreman's bankroll.
We checked with your client's bank, Mr. Silverman.
As soon as his advance check from his label cleared,
he withdrew $500,000, cash. We want to see the money.
Oh, come on, Jack. He doesn't have to answer to anybody
except Uncle Sam about that.
Then I'll just assume it's in Anthony Harrison's mattress.
And Mr. Foreman can add tampering with a witness
and obstruction of justice to his list of woes.
What Anthony's sayin' is the truth.
You just had to pay for it?
What am I gonna do? Say "pretty please?"
Besides, Anthony said we could both beat the case this way.
Why am I hearing this for the first time, Mr. Foreman?
Anthony's nickname is Psycho.
Get it?
And what reason did he have to kill Ronald Caldwell?
I tell you the whole story, what's gonna happen?
Your choice. We can hear Harrison's version on the stand.
Or yours.
What should I do?
If it's true, Stephen,
better start talking.
All right.
Psycho wanted me to lend him my first advance to move a kilo of dope.
Tellin' me how we could turn 90 into 300-somethin' in a couple of weeks time.
I was gonna do it, you know, 'cause he helped me out.
But then RC talked me down,
told me to stay clear of all that.
So killing RC was Harrison's way to guarantee he'd get the loan?
That's right.
I couldn't believe he shot RC.
I tried to do CPR on him, but it didn't work.
Who buzzed Harrison into the studio?
I did. But I didn't know he was gonna shoot him.
And what about the murder in Queens, Mr. Foreman?
I had nothing to do with that.
Psycho did that with some other dude.
I just put it in my song to juice up my rep.
JACK: I guess it worked.
Guilty or not, it landed you
smack in the middle of a murder charge.
So, Mr. Harrison got paid for appearing in court.
Presumably to tell the truth.
If you believe what Foreman says.
You don't? How can I?
These two are playing the criminal justice system like it's a video game.
Sounds like they're winning.
If we charge Harrison after he testifies,
he'll take the stand at his own trial and claim he lied for Foreman.
And he's got the money to prove it.
And if we move to dismiss, jeopardy's attached.
Pretty clever for a couple of teenagers.
Both of them may get away with murder.
But that assumes Foreman's guilty.
What, we take his word for it?
Well, obviously he was caught somewhere between fear and loyalty.
Well, he sure waited until the 11th hour
to point the finger at his friend.
Sooner or later, we're going to have to face the likelihood
that he's innocent.
What would you have us do differently, Serena?
Why?
Every time I express an opinion around here
the last few months, I get shot down.
(sums)
JUDGE: We've got a huge problem here, gentlemen.
If Mr. Harrison testifies, it impugns the integrity of the trial.
And if he doesn't, you'll deprive my client of his defense.
A bought-and-paid-for confession is tainted,
whether it's true or false.
Seems to me there are two choices.
And they're both yours, Mr. McCoy.
If you're so concerned about the integrity of the trial,
I'll grant your motion for dismissal.
Which means Mr. Foreman would walk away without ajuryjudging his guilt.
That's right. Or, Mr. Harrison can testify.
Door number two.
Well, I knew Stephen was gonna be in the studio that night,
so I went through there.
SILVERMAN: What happened then?
Stephen buzzed me in.
I went up the steps,
that's where I started to tape the bottle onto my pistol.
From that point, I came in blazin'.
SILVERMAN: At Ronald Caldwell?
Yup.
Did Stephen have anything at all to do with this, Mr. Harrison?
No.
He had nothin' to do with it. Nothin' at all.
SILVERMAN: And after you shot Mr. Caldwell?
HARRISON: Made moves, took off.
Wiped my bottle down, threw it down the steps.
I don't wanna be carryin' nothin' like that on the street.
Nothing further.
You realize you're admitting to a murder, Mr. Harrison?
I do.
And that you can get up to 25-to-life for that?
A lawyer already told me that.
Then why do this, Mr. Harrison?
Well, 'cause for one thing,
I don't need to see my man go down for somethin' I done did.
And the other thing is that Mr. Foreman paid you to be here today?
Iwouldn't know nothin' about that.
Do you deny that Mr. Foreman gave you $500,000
of his advance from Detention Records?
I'm here 'cause it's the right thing to do.
Was it also the right thing to do
when you sold crack to an undercover officer on August 1st, 2002?
Or when you possessed a TEC-9 semi-automatic on March 17th, 2001?
I ain't sayin' I'm an angel.
Or how about when you murdered Santo Villanueva in Queens last year
using the same type of soda-bottle silencer
as you did to kill Ronald Caldwell?
I don't know what you're talkin' about.
Of course you don't, Mr. Harrison.
The defense rests.
Ah, if it ain't my old pal, Psycho-case.
What's goin' on, fellas?
You're under arrest for murder.
Yeah, so I do a few months waitin' for trial.
Man, that ain't gonna stick.
Hey. You're being arrested for the murder
of Santo Villanueva in Queens.
Who was that?
Forgot all about that one, didn't you?
And the icing on the cake, it's murder one.
I'll give you three guesses as to who the star witness is going to be.
JUDGE: I have a note from the jury that you've reached a verdict.
JURY FOREWOMAN: We have, Your Honor.
How do you find?
We find Stephen Foreman
not guilty of murder in the second degree.
That's what I'm talking about, man.
JUDGE: I'd like to thank the members of the jury for their service.
The defendant is discharged.
Just a moment, Your Honor.
I ask that Mr. Foreman be placed under arrest by the court officers.
For what?
Tampering with a witness.
And Queens County has requested that he be detained
as a material witness in the murder of Santo Villanueva.
Jack's already left.
Yeah, I know. I'm glad you called.
You know, lthought that we could use the tampering charge
as leverage to get Foreman to tell the Queens grand jury
what he knows about the Villanueva murder.
Well, he'll be out soon, making records.
And the Caldwell murder will go into the books without a conviction.
Well, it's not a perfect resolution.
But, you know, Anthony Harrison
is looking at a life sentence in Queens.
And as for Foreman,
you've known my position all along.
Yeah, well, actually that's why I called.
You know, Serena, if you were right,
you were right for the wrong reasons.
Meaning?
Emotion, not facts.
What was it you said? Everyone that you talked to
said that he couldn't have killed that man?
My emotional responses make me...
An advocate.
You're a superb attorney
and you ought to be involved with cases that feed your passion.
Well, that would be wonderful.
But Serena, you must know
that will not happen in this office.
It can't.
Now, a prosecutor can be zealous, but not passionate.
Advocacy is warm-blooded.
Enforcement's gotta be cold-blooded.
And blind and even handed.
Does Jack feel as strongly about this as you do?
No,
but it's my office and my decision and he accepts that.
A decision. You've already made a decision?
Yes.
I have.
You're fired.
(SIGHS) Is this because I'm a lesbian?
No. Of course not.
No.
Good.