(male announcer) 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.
TOP YOU OFF? THANKS.
AND LET ME GET ANOTHER PIECE OF THAT RASPBERRY PIE
WITH A SCOOP OF VANILLA ICE CREAM.
OH, AREN'T WE IN A FINE MOOD ON A DREARY NIGHT.
THAT STUFF MUST REALLY WORK.
YEAH. WORKS FOR ME.
YOU GOT A LADY JOINING YOU? OH, EVEN BETTER.
I GET TO STICK IT TO A GUY WHO'S BEEN STICKING IT TO ME.
I'LL BE RIGHT BACK WITH THAT PIE.
GUY IN THAT BODEGA HEARD SHOTS,
SAW A DARK-COLORED SUV
BURN AWAY FROM THE INTERSECTION.
TWO SHELLS.
NINE-MILLIMETER.
D.O.A. IS A CHARLES SAWYER.
ADDRESS IN EAST MEADOW, LONG ISLAND.
BUSINESS CARD SAYS HE'S A CONTRACTOR.
THE WEAPON WAS FIRED FROM HERE,
MAYBE WHEN THE CAR WAS STOPPED AT THE STOP SIGN.
THE DRIVER'S FOOT CAME OFF THE BRAKE.
IT ROLLED INTO THE STREET LIGHT.
ONE SHOT TO THE HEAD.
THE PASSENGER WINDOW'S OPEN.
MAYBE HE ROLLED IT DOWN WHEN THE SHOOTER
IN THE DARK SUV PULLED UP ON THE RIGHT SIDE.
IT MAY BE SOMEBODY HE KNOWS.
WE GOT TWO MORE SHOTS.
THREE SHOTS AND ONLY TWO SHELLS.
WE NEED ALL THE TEXTS AND THE CALLS
FROM HIS CELL PHONE.
CONNELLY AND SELTZER LAW FIRM.
AND THE WINNER IS...
CHARLIE'S DIVORCE PAPERS.
UNSIGNED.
WELL, THE DIVORCE IS FINAL NOW.
CHARLIE HAD THE DIVORCE PAPERS FOR THREE WEEKS.
THEN ALL OF A SUDDEN, YESTERDAY HE CALLS.
QUICK, QUICK, HE WANTS TO COME OVER
AND GET ME TO SIGN THEM.
ANY IDEA WHY THE RUSH TO GET THE DIVORCE FINALIZED?
I FIGURE THE ONLY REASON MEN WANT A DIVORCE
IS THEY'VE MET THE NEXT WOMAN THEY WANT TO DRIVE CRAZY.
WHAT WERE YOU TWO FIGHTING OVER IN THE DIVORCE?
NOTHING.
JUST FEELINGS.
WE GOT NO KIDS.
THE BANK OWNS MOST OF THE HOUSE.
OH, HE HAD THIS LITTLE PLACE UP IN THE POCONOS
FROM HIS MOM.
SHE DIED LAST SUMMER FROM EMPHYSEMA.
WHAT ABOUT HIS CONTRACTING BUSINESS?
I HEARD IT WASN'T GOING SO HOT.
HE HAD TO BORROW A LOAD OF MONEY
FROM SOME, YOU KNOW, PEOPLE.
(man) HEY! HEY! HEY!
GET IT OFF THE TRUCK, OFF THE TRUCK.
GET IT OFF THE TRUCK RIGHT NOW.
(Lupo) HEY, POLICE!
BREAK IT UP.
OFFICER, HE'S TRYING TO STEAL OUR EQUIPMENT.
OH, YOU LYING SACK.
SAWYER OWED ME MONEY.
COME ON, LET'S TALK OVER HERE.
HEY, YOU MEN UNLOAD THAT BACKHOE.
LET ME SEE SOME I.D.
WHAT'S GOING ON?
I LENT SAWYER 100 GRAND.
YESTERDAY HE TELLS ME HE'S GONNA HAVE MY MONEY ON FRIDAY.
THIS MORNING I HEAR HE'S DEAD.
I FIGURE IF I EVER WANT TO GET MY MONEY BACK,
BETTER GET HERE QUICK BEFORE IT ALL GETS TIED UP IN COURT.
THAT'S NOT THE WAY IT WORKS, MR. BIAGGIO.
YOU'RE GONNA HAVE TO STAND IN LINE
WITH THE REST OF THE CREDITORS.
THE GUY'S NOT EVEN DEAD A DAY.
ALREADY THE VULTURES ARE PICKING AT THE BONES.
(Lupo) HOW LONG HAS THAT VULTURE BEEN CIRCLING?
CHARLIE WAS INTO HIM FOR A BRICK.
BIAGGIO WAS LEANING ON HIM TO PAY UP.
IT DOESN'T LOOK LIKE HIS PROSPECTS WERE TOO BRIGHT.
THE JOB BOARD'S EMPTY.
NOT THAT CHARLIE SEEMED TO NOTICE.
HOW DO YOU MEAN?
YESTERDAY WE HAD AN APPOINTMENT TO BID ON A JOB.
CHARLIE BLEW IT OFF.
SAID HE HAD SOMETHING IMPORTANT TO DO.
MR. BIAGGIO SAID THAT CHARLIE
WAS GONNA PAY HIS DEBT OFF AT THE END OF THE WEEK.
YOU KNOW ANYTHING ABOUT THAT?
NO.
LOOK AT HOW THE GUY LIVED,
COULDN'T EVEN BARELY AFFORD TO KEEP THE LIGHTS ON.
(Van Buren) THIS STORY ABOUT COMING INTO SOME MONEY
COULD JUST BE SAWYER PLAYING FOR TIME.
EXCEPT HE PASSED UP ON A JOB
AND PUSHED HIS WIFE TO SIGN OFF ON THE DIVORCE.
ANY IDEA WHAT HE WAS DOING IN THE CITY?
UH, EATING RASPBERRY PIE.
THAT'S WHAT HE HAD IN HIS STOMACH.
M.E. FIGURED SAWYER CHOWED DOWN
WITHIN AN HOUR OF BEING SHOT.
WELL, WHAT ABOUT HIS CELL RECORDS?
HERE THEY ARE RIGHT HERE.
ALL RIGHT, WE GOT OUTGOING CALLS
TO HIS EX-WIFE,
NICK BIAGGIO, AND HIS CONSTRUCTION OFFICE,
AND TO TWO LAW FIRMS,
NEITHER OF WHICH WERE HANDLING HIS DIVORCE.
THEN INCOMING--
FROM HIS EX-WIFE,
HIS CONSTRUCTION OFFICE,
AND THE LAST CALL CAME IN 11 MINUTES BEFORE HE WAS SHOT
FROM A PHONE BOOTH ON LEONARD AND WEST BROADWAY.
IT'S A FEW BLOCKS FROM THE CRIME SCENE.
CAN YOU PUT IT UP ON THE MAP?
ALL RIGHT, HOLD ON ONE SECOND.
LET'S SEE A STREET VIEW.
CHECK OUT THE DINER ACROSS THE STREET.
(Bernard) "FRESH HOMEMADE PIES."
(waitress) MR. RASPBERRY PIE.
CAME IN HERE,
SAT RIGHT THERE BY HIMSELF
FOR AN HOUR,
TIPPED ME TEN BUCKS.
THE PIE MAN WAS FLUSH.
JUST DELIRIOUSLY HAPPY.
I THOUGHT HE'D BEEN SUCKING ON THAT OXYGEN TANK
HE HAD WITH HIM.
OXYGEN TANK? MM-HMM.
NO BIGGER THAN A THERMOS.
WHAT WAS HE SO HAPPY ABOUT?
HE SAID HE WAS GONNA STICK IT TO THE GUY
WHO WAS STICKING IT TO HIM.
AND WHO WAS THAT?
THE GUY WHO HE SAID HE WAS WAITING FOR.
I DON'T KNOW, THAT'D BE MY GUESS.
HE GOT A CALL, AND HE LEFT.
EXCUSE ME.
(man) CHARLES SAWYER WASN'T A CLIENT.
ON THE CONTRARY, MR. SAWYER AND HIS MOTHER
WERE SUING ONE OF OUR CLIENTS.
AND WHAT CLIENT IS THAT?
PANWORLD AIRLINES.
THE--THE CRASH OFF LONG ISLAND,
WHAT, SEVEN YEARS AGO?
YEAH, FLIGHT 33 TO MIAMI.
MR. SAWYER'S FATHER WAS ON THE FLIGHT.
MR. SAWYER AND THE FAMILIES OF THE OTHER 96 VICTIMS
HAVE A CLASS ACTION SUIT AGAINST PANWORLD.
CLOSE TO A SETTLEMENT?
HARDLY.
WE'RE FAR APART ON NUMBERS AND NOWHERE NEAR A TRIAL.
IT DIDN'T HELP THAT THE ORIGINAL JUDGE ON THE CASE
WAS KILLED BY ONE OF THE PLAINTIFFS
FIVE YEARS AGO.
SO WHY DID SAWYER CALL YOUR OFFICE
A COUPLE OF DAYS AGO?
HE SAID HE HAD SOME GOOD NEWS FOR MY CLIENT,
AND HE WANTED A MEETING.
(Lupo) GOOD NEWS FOR PANWORLD?
HE WANTED TO CUT A SIDE DEAL WITH YOU GUYS?
IT'S NOT UNUSUAL
TO HAVE A RENEGADE LITIGANT IN A CLASS ACTION SUIT.
WHAT WAS SAWYER'S GOOD NEWS?
WE DIDN'T GET THAT FAR.
I TOLD HIM IT WAS IMPROPER FOR ME TO SPEAK TO HIM
WITHOUT THE PERMISSION OF HIS LAWYER.
THE EXPLOSION RIPPED A HOLE IN THE FUSELAGE.
THE FAA RULED OUT TERRORISM,
SO THAT LEAVES NEGLIGENCE ON THE PART OF THE AIRLINE
AND THE MANUFACTURER.
HOW MUCH IS THIS LAWSUIT WORTH, MR. WINSTON?
I REPRESENT THE FAMILY OF 46 OF THE VICTIMS.
WITH PUNITIVE DAMAGES,
WE'RE LOOKING AT MULTIPLES OF $100 MILLION.
OUR RECORDS SHOW THAT CHARLIE SAWYER
CALLED YOU THE DAY HE WAS MURDERED.
YES, HE CALLED EVERY WEEK,
ASKING WHEN HE WAS GONNA SEE HIS MONEY.
HE--I KNOW THINGS WERE TIGHT FOR HIM.
THANKS, WANDA.
THESE ARE DEPOS
FROM THE AIRLINE'S OWN MECHANICS
ABOUT WORKING DOUBLE SHIFTS AND RUSHED MAINTENANCE CHECKS.
WE EVEN HAVE AFFIDAVITS FROM WHISTLE-BLOWERS.
BEFORE HE CALLED YOU,
HE TOLD PANWORLD'S LAWYERS THAT HE HAD GOOD NEWS FOR THEM
AND THAT HE WANTED TO SETTLE.
WHAT KIND OF GOOD NEWS?
THAT HE DIDN'T SAY.
KNOWING CHARLIE, HE WAS WORKING AN ANGLE.
"YOU AND YOUR CLIENTS ARE NOTHING BUT CIA LACKEYS.
"HOW MUCH ARE THE ISLAMOFASCISTS PAYING YOU
TO HIDE THE TRUTH ABOUT FLIGHT 33?"
THERE'S A PACK OF CONSPIRACY NUTS
THAT HAVE TURNED THIS TRAGEDY INTO AN INDUSTRY.
THEY'VE GOT BOOKS AND BLOGS TO PEDDLE.
SOME OF THEM HAVE EVEN HARASSED MY CLIENTS DIRECTLY.
(Belanger) DO YOU HAVE A WARRANT? NOT THAT THAT MATTERS.
I MEAN, YOUR KIND, YOU DON'T CARE ABOUT WARRANTS,
DO YOU?
YOU WILL NOT SILENCE ME, YOU KNOW?
MR. BELANGER,
WE'RE NOT THE MEN IN BLACK.
SO YOU THINK THIS IS FUNNY?
NOT REALLY. 96 PEOPLE ARE DEAD.
97 IF YOU COUNT CHARLES SAWYER.
YOU DO KNOW WHO HE IS, DON'T YOU?
HE'S A PLAINTIFF IN A LAWSUIT...
WHOSE SILENCE WAS FOR SALE, YES.
YOU SENT THE VICTIMS' FAMILIES LETTERS
URGING THEM NOT TO SETTLE.
YOU WERE HARASSING THEM.
I WAS HARASSING THEM?
PLEASE, THEY WERE HARASSING ME.
NOT A WEEK WENT BY WHEN THIS SAWYER FELLOW
DIDN'T POST SOME ANONYMOUS SCREED ON MY BLOG.
IF IT WAS ANONYMOUS, HOW'D YOU KNOW IT WAS HIM?
'CAUSE I KEEP METICULOUS RECORDS
OF EVERY I.P. ADDRESS THAT DROPS A COMMENT
ON MY WEB SITE.
HUH, SEE?
NAME, LOG-IN ADDRESS,
DATE, TIME.
SAWYER POSTED
SOME OF HIS IDIOTIC DRIVEL JUST THIS PAST TUESDAY.
THIS IS THE DAY HE WAS SHOT. CAN I SEE THIS?
WHAT--
HAVE AT IT.
I'M GONNA GO CALL MY LAWYER.
OKAY, SO SAWYER LOGGED IN
FROM HENRYVILLE, PENNSYLVANIA AT 10:16 IN THE MORNING.
HENRYVILLE'S IN THE POCONOS.
AND HIS MOTHER HAD A HOUSE THERE.
MAYBE SAWYER KEPT HIS FACTS THERE.
WHAT THE HELL HAPPENED HERE?
(Bernard) HMM.
LOOKS LIKE CHARLIE'S GOOD NEWS BLEW UP ON HIM.
THE PLACE HAS BEEN ON THE MARKET
SINCE MRS. SAWYER DIED LAST SUMMER.
HER SON STAYS HERE FROM TIME TO TIME.
THIS DAMAGE LOOKS RECENT.
IT HAPPENED LAST MONDAY MORNING.
I CALLED CHARLIE SAWYER.
HE CAME OUT HERE MONDAY AFTERNOON.
SO WHAT HAPPENED?
OXYGEN TANKS INSIDE THE HOUSE BLEW UP.
LET ME SHOW YOU.
MRS. SAWYER HAD EMPHYSEMA.
SHE NEEDED OXYGEN.
THERE WERE A COUPLE OF UNUSED TANKS
THAT HAD BEEN STORED NEXT TO THE FURNACE.
ONCE THE WEATHER GOT COLD,
THE FURNACE FIRED UP.
THESE TANKS GOT TOO HOT AND EXPLODED.
RIPPED A PRETTY NICE HOLE INTO THE SIDE OF THE HOUSE.
THE LAST TIME WE SAW A HOLE LIKE THAT
IT WAS ON THE SIDE OF A PLANE.
THE LAB SAID THAT IF AN OXYGEN TANK
WAS PLACED IN THE CARGO HOLD OF A PLANE,
IT COULD BE SUBJECTED TO TEMPERATURE SPIKES,
AND IF IT EXPLODED, IT COULD BRING THE PLANE DOWN.
WAS AN OXYGEN TANK FOUND IN THE DEBRIS OF FLIGHT 33?
NO, BUT THE DEBRIS FIELD
COVERS A HALF MILE OF DEEP WATER.
SO I-I TALKED TO CHARLIE'S UNCLE IN MIAMI.
CHARLIE'S MOTHER WAS ON HOLIDAY THERE SEVEN YEARS AGO.
HER HUSBAND WAS FLYING TO JOIN HER
WHEN THE PLANE WENT DOWN.
THE UNCLE REMEMBERS HER ASKING HER HUSBAND
TO BRING EXTRA OXYGEN.
SO CHARLIE'S FATHER PUT AN OXYGEN TANK IN HIS LUGGAGE.
NO WAY TO TELL,
BUT CHARLIE MIGHT HAVE ASSUMED HE DID
WHEN HE SAW WHAT AN EXPLODING TANK DID TO HIS MOM'S HOUSE.
THAT COULD BE THE GOOD NEWS THAT HE HAD FOR PANWORLD.
AN--AN EXPLODING TANK WOULD RULE OUT NEGLIGENCE
AS A CAUSE OF THE ACCIDENT.
AND THE AIRLINE WOULD BE OFF THE HOOK.
AND IN TURN FOR PAYOFF,
CHARLIE GIVES THEM A DEFENSE.
AND THE REST OF THE PLAINTIFFS WOULD BE OUT OF LUCK.
CHARLIE HAD AN OXYGEN TANK WITH HIM IN THE DINER,
PROBABLY FOR SHOW-AND-TELL TO PANWORLD.
IT WAS MISSING FROM HIS CAR AFTER HE GOT SHOT.
TALK TO HIS LAWYER.
SEE IF HE'S BEEN IN TOUCH WITH THE OTHER PLAINTIFFS.
I GOT TO TELL YOU GUYS, PANWORLD'S COUNSEL
IS THE TOP AVIATION LITIGATOR ON THE EAST COAST.
IF THERE WAS AN OXYGEN TANK IN THE CARGO HOLD,
THEY WOULD HAVE BEEN ALL OVER IT YEARS AGO.
WELL, WE'RE NOT SAYING SAWYER'S THEORY WAS TRUE.
JUST THAT SOMEBODY THOUGHT IT MIGHT BE.
AND THEY KILLED HIM BEFORE HE COULD TELL PANWORLD.
"THEY" MEANING WHO, ANOTHER PLAINTIFF?
WAS CHARLIE IN TOUCH WITH ANY OF THEM?
THEY HAVE SUPPORT GROUPS, WEB SITES.
CAN'T KEEP TRACK OF THEM.
THERE ARE OTHER LAWYERS REPRESENTING THE FAMILIES
OF THE OTHER 50 VICTIMS.
YOU MIGHT ASK THEM.
WHAT ABOUT AMONG YOUR PLAINTIFFS?
YOU MEAN AS A SUSPECT?
SOME OF THEM HAVE CRIMINAL RECORDS.
A FEW OTHERS COULD USE ANGER MANAGEMENT CLASSES.
COME BY TOMORROW. I'LL SHOW YOU THE FILES.
AND JUST FOR DRILL,
WHERE WERE YOU WEDNESDAY NIGHT?
OUR LIEUTENANT WOULD WANT US TO ASK.
BESIDES, YOU DO HAVE A FINANCIAL STAKE
IN THIS, RIGHT, IF YOU WIN THE SUIT?
YOU'RE SERIOUS?
YOU GONNA TELL US, OR YOU WANT TO CONSULT
WITH A LAWYER, COUNSELOR?
DON'T GET HOSTILE, DETECTIVE.
I WAS AT HOME TUESDAY NIGHT.
AND, YES, I LIVE ALONE.
CALL ME TOMORROW IF YOU WANT TO TAKE A LOOK AT THOSE FILES.
HE MIGHT AS WELL HAVE TOLD US HE HAD NO ALIBI.
I ADMIT HE'S GOT A FINANCIAL MOTIVE.
A THIRD OF 400 MILLION?
THAT'S NOT A MOTIVE. THAT'S IMPERATIVE.
BUT YOU SAW WINSTON'S CAR--
LIGHT GRAY BEAMER.
EYE WITNESS SAW A DARK-COLORED SUV
LEAVE THE SCENE.
YOU JUST DON'T LIKE LAWYERS.
NOTHING PERSONAL, LUPES, ALL RIGHT?
[cell phone beeps]
[groans]
OH.
HEY, WINSTON HAD AN ARREST
IN HENRYVILLE, PENNSYLVANIA, LAST WEDNESDAY...
DAY AFTER SAWYER WAS SHOT.
RIGHT, LAST WEDNESDAY. ARRESTED FOR WHAT?
DOESN'T SAY.
THE DISPOSITION WAS SEALED.
IF THE RECORD'S SEALED,
I DON'T HAVE THE AUTHORITY TO OPEN IT.
I'D BE BREACHING MY POWERS AS COUNTY ATTORNEY.
RYAN, THAT AFFIDAVIT YOU GAVE ME YESTERDAY,
I NEED YOU TO DO IT OVER AGAIN,
THIS TIME IN ENGLISH, IF YOU CAN MANAGE IT.
YES, SIR, MR. BAINBRIDGE.
PLEASE, MR. WINSTON IS A MURDER SUSPECT, SIR.
SORRY, YOU WANT TO LOOK AT THE ARREST IN HENRYVILLE?
GET AN UNSEALING ORDER FROM A COUNTY JUDGE.
THEY'RE IN SESSION EVERY OTHER FRIDAY.
I NEED THAT AFFIDAVIT TOMORROW MORNING, RYAN!
(Bernard) TWO WEEKS FROM NOW
IS A LONG TIME.
WHO TOOK A DUMP IN THAT GUY'S BREAKFAST, HUH?
[chuckles] WHO, BAINBRIDGE?
YEAH, CAN'T LIVE WITH HIM. CAN'T SHOOT HIM.
[both chuckle]
THIS IS A PRETTY TRICKED-OUT PATROL CAR.
WHAT'S IT DO?
GOT IT UP TO 195 LAST WEEK.
NO KIDDING.
WE DON'T HAVE ANYTHING LIKE THIS IN NEW YORK CITY.
IF YOU'RE EVER IN TOWN, LOOK US UP.
WE'LL TAKE YOU OUT FOR A STEAK AT SPARKS,
SHOW YOU WHERE THEY GUNNED DOWN BIG PAUL CASTELLANO.
OH, YEAH? OKAY IF MY HUSBAND COMES ALONG?
SURE HE CAN.
WE'RE NOT JEALOUS.
HAVE A GOOD ONE.
HEY. YEAH?
THAT ARREST IN HENRYVILLE. UH-HUH?
WHAT'S WINSTON'S FIRST NAME?
MARTIN. IT WAS LAST WEDNESDAY.
ALL RIGHT.
ALL RIGHT, PROMISE ME THIS DOES NOT GET BACK TO BAINBRIDGE.
OKAY, DEPUTY RESPONDED TO A PROWLER CALL
AT 0600 HOURS
AT THE HOME OF BERNADETTE SAWYER,
ARRESTED MARTIN WINSTON
FOR CRIMINAL TRESPASS.
HEY, WINSTON MIGHT HAVE BEEN MAKING SURE
SAWYER DIDN'T LEAVE ANYTHING BEHIND
CONNECTING THE HOUSE EXPLOSION WITH THE PLANE CRASH.
WHAT HAPPENED AFTER THE ARREST?
SHERIFF VOIDED IT,
AFTER CONFIRMING HE WAS THE ATTORNEY.
W-WHAT'S THIS ABOUT A BLACK LEXUS?
WELL, UH,
DEPUTY RAN THE VEHICLE WINSTON WAS DRIVING.
IT WAS A BLACK LEXUS SUV,
REGISTERED TO A JAMES HEWITT,
188 EAST 79th STREET, NEW YORK CITY.
SAME APARTMENT BUILDING AS WINSTON.
(Lupo) ARE YOU FRIENDLY WITH MARTY WINSTON?
MARTY DOWN THE HALL. YEAH, SURE.
DID YOU GIVE HIM PERMISSION
TO DRIVE YOUR LEXUS WHILE YOU WERE OUT OF TOWN?
THE ONLY THING MARTY HAD WAS PERMISSION
TO TAKE MY NEWSPAPER WHILE I WAS AWAY.
YOU MIND IF WE LOOK AT YOUR CAR?
(Hewitt) I USUALLY LEAVE THE KEY WITH THE GUY OUT FRONT.
HE KEEPS IT IN A DRAWER.
YOU MEAN THE DRAWER HE KEEPS UNLOCKED
WHILE HE TAKES A BATHROOM BREAK.
WE SAW THAT DRAWER.
HAVE YOU DRIVEN THE CAR SINCE YOU'VE BEEN BACK?
YEAH, YESTERDAY.
YOU NOTICE ANYTHING UNUSUAL INSIDE?
UH, NO.
BUT THE WIPER ON THE DRIVER'S SIDE,
I DON'T KNOW, IT'S NOT WORKING.
LET ME SEE YOUR FLASHLIGHT.
LOOKS LIKE THERE'S SOMETHING JAMMED IN HERE.
LET ME SEE YOUR PLIERS.
HOLD THAT RIGHT THERE.
LOOKS LIKE A NINE-MILLIMETER SHELL CASING.
MR. WINSTON?
WE'RE LATE FOR A TRIAL CONFERENCE.
MAKE AN APPOINTMENT.
YEAH, HOLD ON.
YOU BETTER HAVE A DAMN GOOD REASON
TO PUT YOUR HANDS ON ME.
HOW ABOUT THIS?
YOU'RE UNDER ARREST FOR THE MURDER
OF CHARLIE SAWYER.
I WANT TO SEE AN ARREST WARRANT.
OH, MY BAD.
I THINK I LEFT IT IN HENRYVILLE.
BY THE WAY, THE SHERIFF SAYS HI.
DOCKET NUMBER 86947.
PEOPLE V. MARTIN WINSTON, MURDER IN THE SECOND DEGREE.
HOW DOES THE DEFENDANT PLEAD?
I'M NOT GUILTY, YOUR HONOR.
AND I'M APPEARING PRO SE.
YOU'RE A LAWYER? A LITIGATOR.
BUT I'M SURE I CAN MASTER THE INTRICACIES
OF CRIMINAL LAW.
AN EGO'S NO SUBSTITUTE FOR COMMON SENSE, COUNSELOR.
BUT IT'S YOUR FUNERAL.
BAIL, MISS RUBIROSA?
PEOPLE SEEK REMAND.
I'M NOT GOING ANYWHERE, YOUR HONOR.
I'M PLAINTIFF'S COUNSEL IN THE FLIGHT 33 LAWSUIT,
ONE OF THE LARGEST CLASS ACTIONS
IN THE SOUTHERN DISTRICT.
I INTEND TO SEE THAT CASE TO THE END.
YOUR HONOR, MR. WINSTON
IS CHARGED WITH KILLING ONE OF HIS OWN CLIENTS
IN THAT LAWSUIT.
HOLD ON, MISS RUBIROSA.
FLIGHT 33?
SO YOU'RE THAT MARTIN WINSTON?
YES, YOUR HONOR.
AND IT WOULD BE A TREMENDOUS DISSERVICE
TO THE AGGRIEVED FAMILIES IF THEIR LAWYER
WAS DENIED BAIL AND UNABLE TO REPRESENT THEIR INTERESTS.
I AGREE.
BAIL IS SET AT $1 MILLION.
THAT WON'T BE A PROBLEM.
ONE LAST THING, YOUR HONOR, I WOULD ASK
THAT THE COURT IMPOSE A GAG ORDER ON ALL PARTIES
AND TO CLOSE THE COURTROOM TO THE PRESS
AND THE PUBLIC UNTIL THESE LUDICROUS CHARGES
HAVE BEEN DISPOSED OF.
WE HAVE NO OBJECTION TO A GAG ORDER.
BUT CLOSING THE COURTROOM VIOLATES THE SPIRIT
OF THE FIRST AND SIXTH AMENDMENTS.
THE RIGHTS OF THE FLIGHT 33 FAMILIES TAKE PRECEDENCE.
I DON'T WANT THE DISTRICT ATTORNEY'S VENDETTA
AGAINST ME TO TAINT A POTENTIAL JURY POOL IN THAT CASE.
IT'S OVERKILL.
YOUR HONOR, THERE ARE PROCEDURES IN PLACE
TO ENSURE THAT THE JURY--
NO, MISS RUBIROSA.
MR. WINSTON HAS A POINT.
I'M GOING TO GRANT HIS MOTION.
NEXT CASE.
[bangs gavel]
(Winston) FIRST ORDER OF BUSINESS,
FINANCIAL DISCLOSURE AFFIDAVITS.
I'M GONNA NEED ONE FROM EACH OF YOU.
IF YOU OWN STOCK IN PANWORLD AIRLINES,
IT'S A CONFLICT OF INTEREST.
THIS ALL YOU CAN COME UP WITH?
YOU LAYING THE FOUNDATION
FOR INEFFECTIVE ASSISTANCE OF COUNSEL?
I'M SURE YOU'RE USED TO STEAMROLLING
OVER DEFENSE LAWYERS.
THAT'S NOT GONNA HAPPEN THIS TIME.
NO DOUBT WE HAVE A LOT TO LEARN
FROM A TOUGH LITIGATOR LIKE YOU.
YOU'RE GONNA LEARN SOMETHING ABOUT COMMITMENT.
I EAT ONLY WHAT I KILL.
EARNEST CIVIL SERVANTS LIKE YOU
GET PAID NO MATTER WHAT, WIN OR LOSE.
NOW, CONSIDERING THE EVIDENCE WE HAVE AGAINST YOU,
I SUGGEST YOU STOP STRUTTING AND START DEALING.
THAT BRINGS ME TO MY SECOND ORDER OF BUSINESS,
MOTION TO SUPPRESS ALL THAT DAMNING EVIDENCE AGAINST ME.
PLEASANT DREAMS.
(Lupo) WE ASKED THE COUNTY ATTORNEY
TO UNSEAL THE ARREST RECORD.
HE REFUSED TO DO SO WITHOUT A JUDICIAL ORDER.
SHERIFF'S DEPUTY RYAN OVERHEARD THE CONVERSATION
AND VOLUNTEERED TO ACCESS THE RECORD.
UH, IT STATED THAT MR. WINSTON
HAD BEEN IN POSSESSION OF HIS NEIGHBOR'S CAR.
DURING A SUBSEQUENT SEARCH OF THAT CAR,
WE FOUND A NINE-MILLIMETER SHELL CASING
THAT MATCHED THE CASINGS AT THE CRIME SCENE.
JUST TO BE CLEAR, DETECTIVE,
DID YOU ASK DEPUTY RYAN TO ACCESS THAT RECORD?
NO, SIR, SHE VOLUNTEERED.
WE DIDN'T ASK OR EVEN SUGGEST SHE DO IT.
THANK YOU.
[clears throat]
DETECTIVE,
WERE YOU AWARE THAT ABSENT A JUDICIAL ORDER
DEPUTY RYAN DIDN'T HAVE THE AUTHORITY
TO ACCESS THAT RECORD?
I DIDN'T KNOW IT FOR A FACT.
IN OTHER WORDS, YOUR GUT TOLD YOU
THAT SHE DIDN'T HAVE THE AUTHORITY?
I ACTED IN GOOD FAITH.
BESIDES, THERE WERE EXIGENT CIRCUMSTANCES.
SUCH AS?
WE WERE CONCERNED THE SUSPECT MIGHT FLEE.
OH, YOU MEAN ME?
NOW, WHY WOULD I FLEE?
I-I DIDN'T EVEN KNOW I WAS A SUSPECT.
OBJECTION, COUNSELOR'S TESTIFYING.
I'LL WITHDRAW.
DETECTIVE, YOU USE WORDS
LIKE "EXIGENT" AND "GOOD FAITH."
YOU WOULDN'T BY CHANCE BE A LAW STUDENT,
WOULD YOU?
YES, I'M FIRST-YEAR LAW.
FIRST-YEAR LAW STUDENT.
WELL, SO THEN YOU'RE FAMILIAR
WITH PEOPLE V. BINNS?
BINNS? YES, BINNS.
WHERE A WARRANT IS NECESSARY,
THE COPS CAN'T ENTER A HOME
EVEN IF...?
DETECTIVE, EVEN IF...?
YOUR HONOR, THIS ISN'T A BAR EXAM.
(Winston) EVEN IF THE DOOR'S WIDE OPEN.
YOU REMEMBER IT NOW, DETECTIVE?
OKAY.
SO, PLEASE, TELL THE COURT
HOW PEOPLE V. BINNS JUST MIGHT APPLY
TO THIS SITUATION HERE WITH DEPUTY RYAN.
(Judge) ALL RIGHT, ALL RIGHT.
MR. WINSTON, THAT'S ENOUGH.
DETECTIVE, YOU'RE EXCUSED.
(Winston) YOUR HONOR,
EVEN THOUGH DEPUTY RYAN OPENED THE DOOR FOR THEM,
THOSE DETECTIVES KNEW THAT THEY NEEDED A COURT ORDER
TO VIEW THOSE FILES.
THE EVIDENCE IN THAT FILE
WOULD INEVITABLY HAVE BEEN DISCOVERED
ONCE THE DETECTIVES HAD GOTTEN A JUDICIAL ORDER.
INEVITABLE DISCOVERY CAN'T EXCUSE ILLEGAL BEHAVIOR.
WE SHOULD HOLD OUR FIRST-YEAR LAW STUDENT
TO A HIGHER STANDARD.
STAND BACK, THE BOTH OF YOU.
I'M READY WITH MY DECISION.
DETECTIVE LUPO MAY HAVE CONVINCED HIMSELF
THAT LOOKING AT THE SEALED FILE
WAS WITHIN THE LETTER OF THE LAW.
BUT HE KNEW THAT DOING SO
VIOLATED ITS SPIRIT.
THEREFORE,
HE DID NOT HAVE GOOD FAITH NEEDED
TO OVERCOME THE PROTECTION OF THE FOURTH AMENDMENT.
I AM LEFT, VERY UNHAPPILY,
WITH NO CHOICE BUT TO GRANT
MR. WINSTON'S MOTION
TO SUPPRESS BOTH THE CAR AND THE SHELL CASING.
(Winston) YOUR HONOR,
I MOVE FOR A DISMISSAL OF ALL CHARGES,
ON THE GROUNDS OF INSUFFICIENT EVIDENCE.
THE PEOPLE STRENUOUSLY OBJECT.
DO YOU HAVE ANY ADMISSIBLE EVIDENCE,
MR. CUTTER?
NO.
BUT A DISMISSAL FOR INSUFFICIENT EVIDENCE
TRIGGERS DOUBLE JEOPARDY.
AND GIVEN THIS EXTREME CONSEQUENCE,
I REQUEST TIME TO SUBMIT FURTHER EVIDENCE.
I HAVE LITIGATION TO ATTEND TO.
I SHOULDN'T HAVE THIS CASE
HANGING OVER MY HEAD INDEFINITELY.
MR. WINSTON, YOU HAVE GOTTEN OBSCENELY LUCKY.
DON'T GET GREEDY.
I WILL GIVE THE PEOPLE THREE DAYS
TO JUSTIFY THE MURDER CHARGE.
OTHERWISE, THE MOTION TO DISMISS WILL BE GRANTED
WITH PREJUDICE.
WE ARE ADJOURNED.
FORENSICS HAVE BEEN THROUGH THE NEIGHBOR'S CAR.
THERE ARE NO PRINTS, NO DNA, NO FIBERS,
NOTHING TO PROVE THAT WINSTON USED IT.
(Lupo) WE CHECKED THE SECURITY CAMS NEAR THE CRIME SCENE.
NO SIGN OF WINSTON.
HE WALKS FREE TODAY, WE'LL NEVER GET ANOTHER SHOT
AT HIM FOR THIS MURDER.
WE PULLED HIS FILES
FROM THE BAR ASSOCIATION AND THE FBI.
LOOK, WE'VE SHONE ALL MANNER OF FLASHLIGHTS UP THIS GUY'S BUTT.
HE'S CLEAN.
(Rubirosa) THE FBI HAS A FILE ON HIM?
THEY VETTED HIM WHEN HE WAS A PROSECUTION WITNESS
IN THE MURDER OF THE FIRST JUDGE IN THE PANWORLD CASE.
IF WE TURN UP ANYTHING, WE'LL LET YOU KNOW.
RIGHT.
AND DETECTIVE?
NEXT TIME YOU'RE ON THE STAND, DON'T TRY TO PLAY LAWYER.
YOU'RE NOT THAT GOOD.
WHAT?
WHAT'D YOU SAY TO ME?
YOU HEARD ME.
YEAH.
MAYBE A REAL LAWYER WOULDN'T HAVE LET ME FLAP IN THE WIND
WHILE I WAS BEING CROSS-EXAMINED.
MAYBE A REAL LAWYER WOULD HAVE SHUT WINSTON DOWN.
HEY, GUYS, COME ON.
YOUR ACTIONS PUT THIS CASE IN THE CRAPPER.
YOU WANT TO CUT CORNERS, DON'T COME CRYING AFTERWARDS.
MIKE.
LUPES.
COME ON, MAN, LET'S GO.
YOU KNOW BETTER THAN ANYONE
THAT DECISION COULD HAVE GONE EITHER WAY.
YEAH, YEAH.
THE MURDERED JUDGE CASE-- IT WAS TRIED IN FEDERAL COURT.
ONE OF THE PANWORLD PLAINTIFFS,
ONE OF WINSTON'S CLIENTS WAS CONVICTED OF THE CRIME.
WINSTON WAS THE MAIN WITNESS AGAINST HIM.
HE TESTIFIED AGAINST HIS OWN CLIENT.
TWO MURDERS COME OUT OF THE PANWORLD CASE,
AND WINSTON HAS A STARRING ROLE IN BOTH OF THEM.
COINCIDENCE?
SURE. WHY NOT?
UGH, I GOT TO BE IN JUDGE LLOYD'S CHAMBERS.
IF YOU CAN THINK OF SOMETHING BRILLIANT FOR ME TO SAY,
TEXT ME, WILL YOU?
MR. CUTTER, YOU HAVE NO IDEA HOW DISAPPOINTED I AM
IN YOUR OFFICE.
PLEASE, YOUR HONOR, IF YOU MUST DISMISS,
DO IT WITHOUT PREJUDICE.
THIS ISN'T T-BALL.
YOU DON'T GET FREE SWINGS.
MR. WINSTON, YOU'LL ADDRESS YOUR REMARKS TO ME.
YOUR HONOR, MR. CUTTER HAS NOTHING NEW
TO SUPPORT HIS INDICTMENTS.
IF YOU DON'T DISMISS WITH PREJUDICE,
I'M WALKING STRAIGHT FROM HERE TO APPELLATE COURT.
HE'S RIGHT.
I'D JUST GET REVERSED ON APPEAL.
THE CASE IS DISMISSED
WITH PREJUDICE.
I WANT THE RECORD SEALED AND A PERMANENT GAG ORDER
PLACED ON THE DISTRICT ATTORNEY.
YOUR HONOR, THE PUBLIC'S RIGHT TO KNOW IS MORE--
IS OUTWEIGHED BY THE DANGER OF PREJUDICE
TO THE PANWORLD PLAINTIFFS.
MAYBE MR. WINSTON WOULD LIKE OUR HELP
WITH HIS PANWORLD DEPOSITIONS, OR MAYBE HE'D LIKE ME
TO HANDLE HIS WITNESS PREP FOR HIM.
ONLY IF I NEEDED GROUNDS FOR A CLAIM
OF INEFFECTIVE ASSISTANCE OF COUNSEL.
BE QUIET, BOTH OF YOU.
YOUR HONOR, MR. WINSTON'S SOLE MOTIVATION
IN EVERYTHING HE'S DONE IS TO SAFEGUARD HIS SHARE
OF THE PANWORLD PAYOUT.
EVERYTHING ELSE IS WINDOW DRESSING.
AFTER I'M DONE WITH PANWORLD,
I'M COMING AFTER YOU FOR DEFAMATION.
THAT'S IT. YOU'RE BOTH IN CONTEMPT.
$1,000 EACH.
AND YOU OPEN YOUR MOUTH, I'M GONNA DOUBLE IT.
MR. CUTTER,
THE LAW HERE IS CLEAR.
MR. WINSTON,
YOUR APPLICATION FOR A GAG ORDER IS GRANTED.
THE RECORD IS SEALED.
GO PAY YOUR FINES.
(man) THE PANWORLD CASE WAS ASSIGNED TO JUDGE DAVIS,
A HARD-CORE, PRO-BUSINESS JURIST.
WINSTON THOUGHT HE'D SOFTEN UP
IF SOME OF THE GRIEVING FAMILIES SHOWED UP IN COURT.
AND LET ME GUESS, IT BACKFIRED.
THAT'S AN UNDERSTATEMENT.
DAVIS THREATENED TO TOSS THE CASE ON SUMMARY JUDGMENT.
TWO NIGHT LATER, ONE OF THE PLAINTIFFS,
VICTOR CRUZ,
SHOT HIM IN THE DOORWAY OF HIS BROWNSTONE.
WHAT WAS YOUR EVIDENCE AGAINST CRUZ?
A CIGARETTE BUTT, HIS BRAND, HIS DNA,
WAS FOUND IN THE JUDGE'S DOORWAY.
THAT'S STRONG PHYSICAL EVIDENCE.
YEAH, COUPLED WITH A STRONG MOTIVE
AND A WEAK ALIBI, NOT A TOUGH CASE.
CRUZ'S OWN LAWYER
TESTIFIED THAT HE THREATENED TO KILL JUDGE DAVIS.
MARTY WINSTON.
YOU KNOW, I'D LIKE TO TALK TO VICTOR CRUZ.
WHERE DO THEY HAVE HIM?
IN A CEMETERY IN QUEENS.
HE WAS EXECUTED FOR THE MURDER SIX MONTHS AGO.
(Rubirosa) CRUZ'S ALIBI FOR THE SHOOTING
WAS THAT HE WAS AT A COFFEE SHOP
WAITING TO MEET SOMEONE
ABOUT A JOB AS A MESSENGER.
BUT NO ONE THERE REMEMBERED HIM.
HE COULDN'T REMEMBER THE NAME OF THE MESSENGER COMPANY.
AND THE COFFEE SHOP
WAS A BLOCK FROM THE JUDGE'S HOME.
WHAT WAS HIS DEFENSE?
HE SWORE THAT HE WAS FRAMED,
THAT SOMEBODY SET UP A FAKE JOB INTERVIEW
AND PLANTED THE CIGARETTE.
AND SINCE CRUZ HAD PRIORS FOR CHECK FRAUD,
THE PROSECUTION HAD A FIELD DAY.
NOT TO MENTION WINSTON'S TESTIMONY
PROBABLY PUT THE NAIL IN CRUZ'S COFFIN.
[knock at door]
COULD YOU EXCUSE US?
YOU GETTING ENOUGH SLEEP, MIKE?
REAMING OUT POLICE OFFICERS.
SCREECHING AT OPPOSING COUNSEL.
A CONTEMPT CITATION.
YOU WANT A DIPLOMAT, LOOK ELSEWHERE.
YOU WANT TO GET RESULTS--
WE AREN'T GETTING RESULTS, ARE WE?
A MURDER CASE DISMISSED WITH PREJUDICE.
YEAH.
TELL ME WHAT YOU NEED, MIKE.
A DAY OFF, A LIGHTER CASE LOAD,
WHATEVER IT TAKES.
I CAN'T HAVE YOU FLYING OFF THE HANDLE.
I GET THE MESSAGE.
THANKS.
I'LL BE OKAY.
THIS--THIS LAWYER WINSTON,
IT'S THE ADVERSARIAL SYSTEM GONE HAYWIRE.
EVEN IF YOU HAVE TO KILL, WIN AT ALL COST.
SOUNDS LIKE SOMEBODY'S EVIL TWIN.
SO HE GETS AWAY WITH MURDER.
THREE MURDERS.
THE JUDGE.
AND THE DEFENDANT WINSTON HELPED SEND
TO THE DEATH CHAMBER.
YOU HAVE WORK TO DO.
[door shuts]
(woman) VICTOR WANTED TO BE BURIED NEXT TO HIS PARENTS.
THEY BOTH DIED TOGETHER IN FLIGHT 33.
VICTOR DIDN'T KILL THAT JUDGE.
HE WOULD NEVER HURT ANYBODY IN HIS WHOLE LIFE.
(Rubirosa) WASN'T HE ANGRY WITH JUDGE DAVIS?
SURE, THE JUDGE WAS BEING UNFAIR.
BUT VICTOR SAID,
"WE HAVE TO TRUST THAT MR. WINSTON
WILL GET JUSTICE FROM THE AIRLINES."
HOW DO YOU EXPLAIN THE CIGARETTE
AT THE JUDGE'S HOUSE WITH YOUR HUSBAND'S DNA?
[sighs] I DON'T KNOW.
I MADE VICTOR QUIT SMOKING
WHEN JUSTIN WAS BORN.
BUT HE'D STILL DO IT SOMETIMES,
OUTSIDE.
AT HIS TRIAL, HE SAID SOMETIMES
HE SMOKED AT WINSTON'S OFFICE.
YEAH, HE'D GET UPSET,
AND MR. WINSTON WOULD LET HIM DO IT.
MAYBE SOMEBODY TOOK VICTOR'S CIGARETTE BUTTS.
WHO WOULD DO THAT?
I CAN'T IMAGINE WHO,
BUT ALL THE FAMILIES WERE IN THAT OFFICE THAT WEEK.
AND THEY WERE ALL MAD AT THE JUDGE.
DID YOU OR VICTOR EVER SUSPECT WINSTON?
NO.
MR. WINSTON TREAT US LIKE FAMILY.
EVERY YEAR, WHEN IT'S JUSTIN'S BIRTHDAY,
HE SENDS $100.
HE DOESN'T HAVE TO DO THAT.
OF COURSE WE INVESTIGATED THIS FRAME-UP ALLEGATION.
THERE'S NOTHING TO IT.
CRUZ COULDN'T EVEN SAY WHO FRAMED HIM.
HOW ABOUT MARTY WINSTON?
THAT'S A GOOD ONE.
CRUZ TESTIFIED THAT HE SOMETIMES SMOKED
AT WINSTON'S OFFICE.
IF YOU'RE SO WELL-VERSED IN THE TRIAL TRANSCRIPT,
THEN YOU ALSO KNOW THAT WINSTON CATEGORICALLY DENIED
THAT HE EVER LET ANYONE SMOKE IN HIS OFFICE.
MR. TYLER, YOU KNOW WHAT WE'RE SAYING MAKES SENSE.
WINSTON HAD MORE TO GAIN BY GETTING RID OF JUDGE DAVIS
THAN VICTOR CRUZ DID BY A FACTOR OF 40.
I'M NOT GOING THERE, MR. CUTTER.
YOU NEVER FOUND A MURDER WEAPON,
NEVER CONNECTED CRUZ TO ANY WEAPON,
NEVER FOUND A SINGLE EYEWITNESS WHO SAW CRUZ AT THE SCENE.
MR. CUTTER--
THE ONLY PERSON WHO SAID CRUZ WAS NEAR THE SHOOTING
WAS CRUZ HIMSELF.
AND WHY WOULD HE DO THAT IF HE WAS GUILTY?
PLAY IT OUT, MR. CUTTER.
"MEMBERS OF THE JURY,
"WE ALREADY EXECUTED SOMEONE FOR THIS CRIME.
"BUT NOW WE SCREWED UP, AND WE'D LIKE TO EXECUTE
SOMEBODY ELSE."
IT'S POINTLESS.
I KNOW WINSTON HAMMERED YOU IN COURT LAST WEEK.
DON'T COME IN HERE MAKING IT MY PROBLEM.
(Cutter) ANYONE WHO STANDS
BETWEEN WINSTON AND HIS PAYDAY, HE KILLS.
THAT'S HIS M.O.
CHARLIE SAWYER, WHO WAS GIVING PANWORLD A VIABLE DEFENSE.
JUDGE DAVIS, WHO WAS BIASED TOWARD THE AIRLINE.
YOU DON'T HAVE TO CONVINCE ME.
BUT THE FBI WORKED THE DAVIS MURDER
WHEN EVERYTHING WAS FRESH.
ALL HARD EVIDENCE POINTS TO CRUZ.
AND EVEN IF WE HAD THE FEDS ON BOARD,
IT'S DONE, IT'S OVER.
IF I SMOKED, WHAT WOULD I SMOKE?
(Cutter) THE OFFICE WON'T PAY THE CONTEMPT FINE.
IT HAS TO COME OUT OF MY OWN POCKET.
YOU'RE HERE FOR A LOAN?
NO, MR. WINSTON.
I WROTE A LETTER APOLOGIZING TO THE JUDGE
AND ASKING HER TO RECONSIDER.
AND, UH, I THOUGHT IT WOULD BE MORE EFFECTIVE
IF IT CAME FROM BOTH OF US.
I BET A THOUSAND BUCKS IS A LOT OF MONEY FOR YOU.
WELL, WITH WHAT THEY'RE PAYING
EARNEST CIVIL SERVANTS THESE DAYS.
WHAT THE HELL.
AS MUCH AS I HATE GROVELING IN FRONT OF JUDGES.
YOU BETTER MAKE A COPY FOR YOUR FILES.
WANDA,
MAKE TWO COPIES.
THANKS.
AND I DON'T MIND TELLING YOU, MR. WINSTON,
I GOT MY WEE-WEE SLAPPED PRETTY HARD
FOR BOTCHING YOUR CASE.
IT REALLY WASN'T YOUR FAULT. IT'S THOSE DUMB COPS.
SOMETIMES I WONDER IF THIS CIVIL SERVANT SALARY
IS WORTH IT.
YOU OKAY IF I SMOKE?
I QUIT TEN YEARS AGO,
BUT I'M NOT SELF-RIGHTEOUS.
GO AHEAD.
I ALREADY TRIED GUM AND PATCHES.
NEXT STOP, ACUPUNCTURE.
HOW'S THIS CASE GOING?
FINALLY GOT A TRIAL DATE SET.
I PREDICT WE'LL SETTLE ON THE COURTHOUSE STEPS,
MID-NINE FIGURES.
WHAT ARE YOU GONNA DO WITH ALL THAT MONEY,
REUPHOLSTER THE FURNITURE?
SEE THE WOOLWORTH BUILDING?
A HEDGE FUND USED TO HAVE THE TOP FLOOR.
I'LL BE MOVING IN FIRST OF THE YEAR.
(McCoy) SO THIS IS YOUR NEW PLAN,
ARRESTING HIM FOR CODE VIOLATIONS?
A LITTLE MORE THAN THAT.
DURING CRUZ'S MURDER TRIAL, HIS DEFENSE ARGUED
THAT WE WAS ALLOWED TO SMOKE IN WINSTON'S OFFICE
AND THAT SOMEONE THERE COULD HAVE PICKED UP
ONE OF HIS CIGARETTE BUTTS AND PLANTED IT
AT THE JUDGE'S HOUSE.
BUT WHEN HE WAS CALLED AS A REBUTTAL WITNESS,
HE STATED,
"AS AN EX-SMOKER,
I DON'T ALLOW ANYONE TO SMOKE IN MY OFFICE, EVER."
SO HE PERJURED HIMSELF.
WHERE ARE YOU GOING WITH THIS?
HOPEFULLY, TO A MURDER TRIAL.
WHOSE MURDER, JUDGE DAVIS?
VICTOR CRUZ.
WINSTON'S FALSE TESTIMONY LED TO CRUZ'S CONVICTION
AND DEATH SENTENCE.
MURDER BY PERJURY?
IS THERE ANY CASE LAW ON THIS?
I HAVEN'T FOUND ANY.
I REALIZE WE'D BE TAKING A FLIER.
IF YOU THINK IT'S A WASTE OF TIME--
NO, NO.
IF IT'S NEVER BEEN DONE BEFORE,
ALL THE MORE REASON TO TRY IT.
IF YOU CAN'T FIND NEW WAYS
TO PROTECT PEOPLE FROM MURDERERS,
WHAT THE HELL ARE WE DOING IN THIS JOB?
(man) WE STIPULATE THAT ALL THE PASSENGERS
DIED IN THE CRASH,
SO GRAPHIC PHOTOS OF THE VICTIMS
HAVE NO PROBATIVE VALUE.
IT'S ONE THING TO HEAR ABOUT THE SUFFERING
THESE PASSENGERS ENDURED DUE TO THE AIRLINE'S NEGLIGENCE.
IT'S ANOTHER TO SEE IT.
DETECTIVES,
THIS WARRANT WAS ORDERED BY THE STATE SUPREME COURT?
YES, SIR.
DO YOUR JOB.
HEY, COUNSELOR, YOU'RE UNDER ARREST
FOR THE MURDER OF VICTOR CRUZ.
YOU MEAN THE VICTOR CRUZ
WHO WAS EXECUTED BY THE U.S. GOVERNMENT?
HELL, YEAH.
SORRY, YOUR HONOR.
(Phillips) MURDER BY PERJURY?
WHAT ARE YOU PEOPLE SMOKING UP IN YOUR OFFICE?
MUST BE SOMETHING GOOD
IF WINSTON RETAINED A LAWYER THIS TIME.
YOUR OKAY WITH THIS HALF-BAKED STUNT, MR. MCCOY?
THERE'S NOTHING WRONG WITH USING A LITTLE CREATIVE LAWYERING
TO LOCK UP A MAN WHO GOT AWAY WITH TWO MURDERS.
THIS IS MR. CUTTER'S PERSONAL VENDETTA.
HE DOESN'T GET TO USE THE D.A.'s OFFICE
TO SEEK REVENGE.
I DECIDE WHO DOES WHAT WITH THIS OFFICE.
I'M MOVING TO DISMISS THIS NONSENSE.
BETTER DO A GOOD JOB, MR. PHILLIPS,
OR WINSTON MIGHT KILL YOU TOO.
(Phillips) THIS CASE SHOULD BE DISMISSED
FOR ITS SHEER ARROGANCE.
MR. CUTTER DOES NOT GET TO MAKE LAWS UP
OUT OF WHOLE CLOTH.
THE PEOPLE'S THEORY TRACKS A STATUTE
THAT'S BEEN AROUND FOR 100 YEARS.
MR. WINSTON'S PERJURY WAS A RECKLESS ACT,
WHICH CREATED A GRAVE RISK OF DEATH.
EVEN IF MY CLIENT
SHADED THE TRUTH, HOW COULD HE ANTICIPATE
THE JURY WOULD CONVICT VICTOR CRUZ?
THAT DEATH WOULD BE IMPOSED,
THAT ALL HIS APPEALS WOULD BE DENIED?
YOU COUNTED ON IT.
YOU TOOK THAT TO THE FEDS,
AND THEY LAUGHED YOU OUT OF THEIR OFFICE.
HERE WE GO AGAIN.
YOUR HONOR, MR. WINSTON IS AN ATTORNEY.
HE KNEW HIS LIES
WOULD HELP CONVICT CRUZ
FOR THE MURDER OF A FEDERAL JUDGE.
HE KNEW A CONVICTION WOULD ALMOST CERTAINLY
RESULT IN A DEATH SENTENCE.
HIS LYING EVINCED A DEPRAVED INDIFFERENCE
TO THESE REALITIES.
MR. CUTTER ASSUMES THAT THE JURORS RELIED
ON MR. WINSTON'S TESTIMONY
AS A KEY FACTOR IN THEIR VERDICT.
THEN LET'S FIND OUT IF HIS ASSUMPTION IS RIGHT.
WE WERE IN DELIBERATIONS FOR SIX DAYS.
WE HAD EIGHT VOTES.
HALF THE JURORS BELIEVED MR. CRUZ'S CLAIM
THAT HE WAS FRAMED WAS PLAUSIBLE.
WHAT CHANGED THEIR MIND, MISS PALINA?
MR. WINSTON'S TESTIMONY.
WHAT SPECIFICALLY
ABOUT HIS TESTIMONY?
[sighs]
MR. CRUZ SAID HE SMOKED IN MR. WINSTON'S OFFICE.
MR. WINSTON SAID IT WASN'T THE TRUTH.
WE ALL THOUGHT IF MR. CRUZ COULD LIE
ABOUT SOMETHING SO LITTLE, HE COULD LIE ABOUT EVERYTHING.
(Cutter) DID IT EVER OCCUR TO ANY OF THE JURORS
THAT IT WAS MR. WINSTON WHO WAS LYING?
NO.
HE WAS REPRESENTING MR. CRUZ ON THAT LAWSUIT,
AND HE SEEMED TO REALLY CARE ABOUT MR. CRUZ AND HIS FAMILY.
AND WHEN HE TESTIFIED,
YOU COULD TELL IT WAS DIFFICULT FOR HIM
GOING AGAINST HIS OWN CLIENT.
MR. CUTTER, IF YOU PLEASE.
MISS PALINA,
ARE YOU TELLING US
THAT IF MR. WINSTON HAD CORROBORATED
MR. CRUZ'S TESTIMONY
THAT HE DID INDEED
ALLOW PEOPLE TO SMOKE IN HIS OFFICE
THAT YOU WOULD NOT HAVE CONVICTED MR. CRUZ?
OBJECTION.
YOUR HONOR, YOU'RE PUTTING WORDS IN HER MOUTH.
SIT DOWN.
ANSWER THE QUESTION, PLEASE.
IF MR. WINSTON HAD SAID THAT,
I WOULD'VE HAD A REASONABLE DOUBT
ABOUT MR. CRUZ'S GUILT.
I WISH HE HAD SAID IT, YOUR HONOR.
EVEN THOUGH WE FOLLOWED THE LAW,
I CAN'T SEEM TO FORGET WE SENT A MAN TO DIE.
[sobbing]
IT APPEARS THAT THE PEOPLE CAN MAKE A VIABLE CASE
THAT BUT FOR THE FALSE TESTIMONY
RENDERED BY THE DEFENDANT, MARTIN WINSTON,
VICTOR CRUZ WOULD HAVE BEEN ACQUITTED
AND WOULD BE ALIVE TODAY.
I THEREFORE DENY MR. WINSTON'S MOTION TO DISMISS.
IN THAT CASE, WE ASK THAT HIS BAIL
BE REVOKED AND THAT HE BE REMANDED.
THAT'S PURE VINDICTIVENESS.
HISTORY INDICATES THAT THE DEFENDANT WON'T FLEE.
HE'LL REMAIN OUT ON BAIL.
MY CLERK WILL SET THE DATE
FOR MR. WINSTON'S TRIAL
FOR THE MURDER OF VICTOR CRUZ.
[bangs gavel]
YOU'RE NOT A GOOD ENOUGH LAWYER TO PULL THIS OFF.
I HOPE YOU HAVEN'T PUT A DOWN PAYMENT
ON THAT PENTHOUSE OFFICE.
DON'T YOU WORRY ABOUT THAT.
PANWORLD'S READY TO MAKE AN OFFER,
AND I'LL HAVE THE CHECK CASHED BEFORE THIS EVER GOES TO TRIAL.
DON'T BE SO SURE.
MISS RUBIROSA IS FILING A COMPLAINT
WITH THE GRIEVANCE COMMITTEE AS WE SPEAK.
WE'RE SEEKING TO HAVE YOU REMOVED IMMEDIATELY
FROM THE PANWORLD LITIGATION.
YOU DON'T HAVE STANDING TO DO THAT.
BUT VICTOR CRUZ'S WIFE DOES.
(woman) THE EVIDENCE SUPPORTS AN INDICTMENT
AGAINST YOU FOR THE MURDER OF CHARLES SAWYER.
WE ALSO FIND REASONABLE CAUSE
TO BELIEVE YOU PERJURED YOURSELF
TO FRAME ONE OF YOUR OWN CLIENTS
FOR THE MURDER OF JUDGE HENRY DAVIS,
A MURDER YOU MUST NOW BE SUSPECTED
OF HAVING COMMITTED
TO INFLUENCE THE OUTCOME OF THE PANWORLD LITIGATION.
THE COMMITTEE CAN'T BELIEVE THAT--
LET ME FINISH, MR. WINSTON.
WHETHER YOU'RE GUILTY OR NOT
IS FOR A COURT TO DECIDE.
NOTHING HAS BEEN PROVEN.
OUR STANDARD OF PROOF IS NOT THE SAME AS A CRIMINAL COURT.
BUT THE COMMITTEE HAS TO ALLOW ME TO CONTINUE
MY REPRESENTATION UNTIL THE UNLIKELY EVENT
THAT I'M ACTUALLY CONVICTED OF SOMETHING.
CONVICTED OR NOT,
YOU MANIPULATED THE LEGAL SYSTEM WITH LIES
AND APPARENTLY MURDERS.
I WORKED ON PANWORLD FOR SEVEN YEARS.
I'M AT LEAST ENTITLED
TO PAYMENT FOR ACTUAL HOURS BILLED.
YOU TOOK THE CASE ON CONTINGENCY.
THERE WAS NEVER A PAYMENT GUARANTEE.
YOU CANNOT BE SERIOUS.
I PUT EVERYTHING INTO THIS CASE.
BESIDES DISQUALIFYING YOU AS COUNSEL,
WE'RE ALSO PROHIBITING YOU FROM RECEIVING
ANY COMPENSATION DERIVED FROM THIS CASE.
THIS IS A SHAM.
YOU CAN'T DO THIS.
WHERE'S THE FAIRNESS?
YOU ARE STEALING FROM ME.
SHAME. SHAME ON ALL OF YOU.
I'LL CATCH UP WITH YOU DOWNSTAIRS.
ARE YOU HAPPY NOW?
YOU WENT AFTER MY MONEY.
MY MONEY, IT HAD NOTHING TO DO WITH YOUR JOB.
DON'T WORRY ABOUT MONEY, MR. WINSTON.
I'LL SEND YOU $100 ON YOUR BIRTHDAY.
YOU CAN USE IT AT THE PRISON CANTEEN.
LOOK HOW HE'S WALKING.
PANWORLD WAS MY WHOLE LIFE.
WE CAN TALK OUTSIDE.
TALK TO THIS.
DROP IT! DROP IT!
DOWN! DROP IT!
[grunting and shouting]
GIVE ME THAT.
YOU OKAY?
I THINK SO.
THANK YOU.
SURE.
DON'T MOVE.
LET'S GET YOU OUT OF HERE.
(McCoy) THE MEN'S ROOM.
WOULD HAVE MADE FOR SOME
PRETTY IGNOBLE CRIME SCENE PHOTOS.
ANOTHER REASON TO BE GRATEFUL TO LUPO AND BERNARD.
HERE'S TO EARNEST CIVIL SERVANTS.
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