(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.
[police radio] 27 Adam, respond to a 10-52 domestic
at 344 West five-three street, apartment two-baker.
Unidentified male caller reporting dispute.
27 Adam responding.
Look, all I'm saying is my cousin in the reserves was set
to come home last year.
And they just re-upped him till June.
"Stop loss" my ass.
Bring him home now, we'll be back there in five years
fighting the same damn war.
Or worse, we'll be downtown cleaning up another mess.
Yeah.
And you call yourself an American.
Yes, I do.
27 Adam,
we're 84 at the locat--
[loud crash]
What the hell--
27 Adam, we need a bus!
Female off the roof onto our RMP.
Nayada Kraya. 28 years old.
Did you guys see anyone run out of the building?
Not a soul.
Any of these people know her?
None of them. Or the tenants and the super.
Well, what about the domestic disturbance call
you were responding to? Couldn't find it.
And the apartment Central gave us has been vacant six months.
Did Central tell you where the call originated?
From a cell.
They're checking subscriber info now.
Well, she didn't jump.
Rigor and core temp put the time of death around 1:00 or 2:00.
Four hours before the jump.
Gunshots.
One in the head. Two in the chest.
Close range, I think.
Exit wounds? Only in the head shot.
If the slugs on the others are intact,
you'll be the first to know.
We got a blood trail at the stairwell.
Busted lock on the roof.
All right, thanks.
So, somebody shoots her, drags her all the way up there
just to throw her back down?
Yeah, and bull's-eyes a squad car.
That domestic disturbance call was bogus.
I'd like to know who she pissed off.
(Van Buren) Fontana. Green.
Lieutenant Sullivan.
He heard the DOA's name go out on the radio.
Oh, God.
How do you know her?
Her real name is Dana Baker.
She was on the job. One of my undercovers.
She spent the last year infiltrating
an Albanian drug ring
who used heroin money to fund paramilitary groups in Kosovo.
She got over as an Albanian?
Well, she spent some years in Kosovo as a teen.
Her father had an embassy job with the State Department.
We should talk to him.
He's on a flight from London.
I'm gonna meet his plane at the airport.
All right. (Green) Hey.
The cell that made the 911 domestic disturbance call
was a disposable so it was probably dumped.
Did she ever suggest that the Albanians were on to her?
No, no, no, no, no. I'd have pulled her out.
Well, that phony call
and her hitting the patrol car was n a coincidence!
Her cover was blown.
Then she wasn't aware of it.
Dana was no cowboy.
She knew the guys in this organization were animals.
You got names?
Your best bet for info is her main contact.
Kreshnik Pernaska.
He's a major player in Eastern European organized crime.
Here's his file.
Do me favor. When you find him--
Ring his bell.
(Fontana) All right. Everybody, hands on the table!
Let's go. Put that down.
You too, hands on the table.
Come on. Let's go! Kreshnik Pernaska?
What is this?
Come here.
[bump, glass crashing]
You recognize this girl?
Nayada Kraya?
Or maybe you know her by her real name,
Detective Dana Baker.
[speaks Albanian]
Hey! Pay attention.
How did you find out she was undercover?
I had no idea this girl was a cop.
Is that why you dropped her on a police car?
[laughs] She's dead?
You think that's funny?
[clatters]
She's dead because she knew the ins and outs of your business.
The smack, the Afghan connections,
the payoffs at the Baltimore docks.
I import antiques.
Where you last night at 2:00 a.m.?
Home. With who?
My wife.
My daughters. Ask. They tell you.
Okay. I hope you, your wife,
your daughters, everybody in here has green cards
'cause I'm calling immigration.
Okay. Okay.
It's not one of mine.
Yesterday, she's tells me she is meeting new business contact.
The name.
She didn't give it.
Only who is introducing her.
Street trash punk. Jason Higgs.
[police siren wails]
Police, freeze!
Hey! Hey!
Get your ass down here!
What'd I do? What'd I do?
Where you going, Jason?
What did I do? Got your bags packed. Taking a little trip are you?
No, that's my laundry. Laundry?
Laundry with blood on it!
And you got the whole New York City Police Department
looking for you.
40,000 cops ready to whoop your ass.
Nn--I had nothing to do with her death.
Who pulled the trigger?
A guy's-- Guy I hooked up with
who was looking to move three kilos.
His name was R-- Uh, Ratko Petrovich.
Petrovich know she was a cop?
Huh? Y-yeah.
He said it right before he blew her away, okay?
That's an awful thing to see. All right?
You mean, he just walks in the room, says, "She's a policeman,"
starts blasting, and he'd never met her before?
I don't know, they talked-- they talked on the phone once.
That's it, all right?
Where'd all this happen?
Burned out warehouse in Brooklyn.
Is that where we're gonna find Petrovich?
I don't know where he's staying.
All I got is his cell, all right?
Anything at the warehouse?
A pool of blood and a trail to the street
that ended near some tire skid marks.
Crime Scene Unit is working on it.
What about the canvass? It was whack.
That warehouse was in the middle of nowhere.
Ratko Petrovich.
There's a warrant on him for a homicide in Chicago.
Big-time smack dealer got shot in the head
and his stash went missing.
I'm gonna bet three kilos worth. Exactly.
And Ballistics said the slugs in Dana Baker match a gun
that traces to that same dealer.
Was there anything in Dana's case file?
The notes indicate
that this Petrovich came to New York about two weeks ago,
got to talking to local peddlers and set up this deal.
Now, this guy's been in the city two weeks. [phone rings]
Two weeks. How the hell does he make
an undercover who's been under for a year?
(Fontana) Thank you.
None of the airlines report a Ratko Petrovich as a passenger.
Well, we've got teams at the airports and bus stations.
If he's going, it's by car or foot.
Found something in the case file.
Note here says "R.P. 814 Risman."
Hey, Dana had talked to Petrovich on the phone.
Maybe this is an address he gave her.
Risman's in Queens.
There's a vacant office building at that location.
Take ESU.
[door slams shut]
[gunshot]
Delta Team. We're clear!
We're all clear.
Officer down, officer down.
Is it bad? Is there blood?
No, I don't think it went through, man.
I think you're gonna be all right.
Ah, it's gonna be one hell of a bruise.
Get him outta here.
My aim must be off.
He's still alive.
You don't look like the type of guy who can think for himself.
So, we know that you were tipped off to Dana Baker being
an undercover.
You're gonna tell us who gave her up.
[speaks Serbian]
We know you can speak English, you bastard.
You called 911 to draw a police cruiser.
We got your voice on tape.
Uh!
[breathing heavily]
You killed a police officer.
And you're gonna tell us how you found out she was on this job
or you're not gonna leave this room alive.
Maybe we should pull his morphine.
Where's the secret?
What?
[laughs]
It's no secret she was a cop.
She was an undercover police officer.
She was in a newspaper!
Is no secret.
Uh!
[cries]
Lieu. You ain't gonna believe this.
Her picture's in the damn paper.
It's a column about her father. Tom Baker.
He wrote a book and it says that she's NYPD.
Why didn't anyone catch this and pull her off detail?
May have been too late anyway.
It appeared on page 30 of the late edition.
So, Ratko pulled the trigger,
but this is what got Dana killed.
It's the same as if someone pushed her
in front of a damn bus.
And it was written by Veronica Drake.
Now, what do you think she got for outing
an undercover officer?
I'm gonna find out.
I had no idea Dana Baker was undercover.
I would never have purposefully put someone in danger.
Convince me.
Her father's book labels Congressman Prescott, Monroe,
and Tucker pro-criminal because they voted to cut
federal funding for police overtime.
Dana Baker being on the job reveals Tom Baker's bias.
So, it's just a coincidence
that your article got a police officer killed,
ruined a sting operation, and gave aid to the Albanian mob?
My article had nothing to do with the Albanian mob.
So, why out an undercover cop?
All I learned was that Dana Baker was a cop on a desk
making a lot of overtime.
Learned from who?
A source. Can't tell you any more.
And did you verify what this source told you
with One Police Plaza?
Payroll department didn't return my calls.
Deputy Commissioner of Public Information had no comment.
It suggested she was being protected.
So you went with uncorroborated information
and never thought that this source might have an agenda?
Telling the truth about Tom Baker does not constitute
an agenda.
You know something?
A detective was shot three times.
She was thrown off a building.
That should tell you otherwise, Ms. Drake.
Now, who contacted you?
I'm not revealing my source.
I'm protected by New York civil rights law
and the First Amendment.
I have nothing else to say without talking to my lawyer
and in-house counsel.
I don't think this has anything to do with an Albanian mob.
Somebody sold my daughter out over a book.
Who do you think would do that, Mr. Baker?
I've been condemned by every liberal commentator.
Look.
I get crazy phone calls, emails--
I get about 50 of these a day.
"Stop lying to America."
(Tom Baker) You can print them from a website.
Some liberal 527 group funded by supporters
of Congressman John Prescott.
(Green) Veronica Drake's article makes him
out to be a serious adversary of yours.
I think he's a criminal.
He sells out good law enforcement programs for pork.
And I haven't kept it secret.
So, you think the Congressman's cutthroat enough
to make the call to Drake?
He's not smart enough to compose a rational thought.
But his Chief of Staff, a pit bull, Eric Lund.
I wouldn't put anything past him.
Did Lund ever threaten you?
He said he would put me out of work.
Close me off from my publishers.
I mean, and that was at the end of a scathing 14-page email
denouncing every well-researched and corroborated fact
in my book.
(woman) Just another minute, Congressman.
Thank you.
With all due respect for his loss,
Tom Baker is nothing but a right-wing fanatic
who's had it in for me since I took office.
It makes it only natural that you'd wanna strike back.
Oh, I will.
With legislation denouncing his "causes."
But please...planting a story about the man's daughter?
It's far below the dignity of my position.
Well, how about the dignity of your Chief of Staff, Eric Lund?
We hear that's the type of guy he is.
Eric and I have worked side by side for five years.
He's a good man. And a good friend.
[laughs] Wow.
That was good, Congressman.
You didn't really answer the question.
Congressman.
They're ready for you on set. Thank you.
Eric is at our district office in the city.
He'll be glad to tell you the same.
A woman's right to choose and universal healthcare
are the concerns of Congressman Prescott's office.
Not Tom Baker or his daughter. Rest in peace.
You didn't write a 14-page email about his book?
A critique.
[chuckles] You promised to bury him.
So, it's a harsh critique.
And a little hotheaded admittedly.
But have you read his book?
It's slander.
What about these?
Well--
Perfectly legal social commentary.
Comes off as a vendetta.
I call it freedom of speech.
To me that's evidence of a healthy democracy.
How well do you know Veronica Drake?
Only through her work.
When was the last time you spoke with her?
I haven't spoken to her outside of a hello one time
at the press club.
You haven't called her or emailed her?
I have no reason to call her and I don't have her email address.
Hey.
We're trying to talk to you here.
Gentlemen.
What have I done to earn this kind of hardball?
We think that a political dirty trick got Dana Baker murdered.
For which you have my condolences,
but I am not the one responsible.
I haven't spoken to Veronica Drake.
And your phone records will support that?
Yes.
You get a subpoena and I'll prove it.
Now, apologies, but Senator Kennedy promised to show some us
galleys of a children's book he's publishing.
Don't wanna be late.
Did he offer up the notion of a subpoena
because there's nothing on his phone records
or do you think he was bluffing?
Well, if I was some punk-ass political consultant
who wanted to bury somebody, I wouldn't do it from my office,
and I wouldn't call just one reporter.
It's not like Veronica Drake is the first name in news.
Well, I say we get that subpoena
and then a list of all the top ten political reporters in town.
I've been covering the Baker affair.
I wouldn't do that if I was personally involved.
Well, your assistant's call log says otherwise.
Now, two days before this story came out exposing Dana Baker,
you got a call from Eric Lund
and then the same day, you got ten calls from Veronica Drake.
What did you and Lund discuss?
Well, my sources are just as protected as Veronica's.
Look, Mr. Grayson.
We're gonna find out what was said.
The question is whether you're gonna tell us now
or you're gonna wait until enough bad press comes out
to put somebody younger in your anchor seat.
Look, if I talk to you, these people--
Lund's people, and there are a lot of them, will cut me off.
I will not have access.
As a reporter I'll be useless.
And if you keep the truth about a police murder a secret,
you already are, pal.
Lund tried to plant the same story with me.
That Tom Baker's daughter was a cop.
I wouldn't run with it.
But Veronica wanted to. That's why she called.
Did Lund say that Dana Baker was an undercover policeman?
Made it sound like she had some sort of cushy clerical job.
Why didn't you report it?
Basic human decency.
You don't go after a man's family without solid proof.
But Lund wanted you to run with it, right?
He told me that Dana Baker is fair game.
Look, all we can prove is that Lund passed on information
that Baker was a cop on a desk. That's not enough.
But, Lieu, he had to know he was outing an undercover officer.
Why else plant the story?
Well, he can say he was just trying to discredit
her father's book.
Well, if he's so damn innocent,
why can't he admit calling Veronica Drake?
Let's get over to Payroll.
IAB says that two weeks ago, someone called asking
about Dana Baker's pay rate.
(Mills) The man said his name was Nathan Dean
and was from the Department of Homeland Security.
Why did he say he wanted information on Dana Baker?
He said he was doing a background check on her father
for a consulting position.
Did you think to verify who you were talking to?
I checked the name with Homeland Security.
It's legit.
Yeah, but how do you know it was actually Nathan Dean
on the phone?
What did you tell this guy?
That, uh--
Dana Baker's payroll code indicated
that she was a second grade detective
with Manhattan North Narcotics.
Aren't we supposed to be sharing with Homeland Security?
And that's all you told them.
That she was second grade detective?
And that he should be careful with the information
because a lot of detectives in Narcotics work undercover.
[sighs]
Do you have the number that he called from?
Did I-- Screw up?
I mean, I know this cop got killed.
Just get the number. Please.
The call to Payroll came from Lund's office.
We have more than enough to arrest.
I wanna wait until we have enough to indict.
We still have to prove
that Eric Lund was Veronica Drake's source.
If he wasn't the one who told her,
it doesn't matter what he knew.
This man is responsible for the death of a police officer.
Which is why we have to get this right.
Well, meanwhile, he could be shredding evidence
and intimidating witnesses.
Find proof of that and we'll put the cuffs on him.
It may be too late by then.
Without a grand jury indictment,
he'll paint this as a witch hunt.
Who cares about politics?
Jurors.
We can't pretend we'll be trying this case in a political vacuum.
No arrest till I give the word.
Jack McCoy.
Eric Lund.
How can I help you?
It's the other way around actually.
Word is you've taken an interest in me.
I was in the neighborhood. Thought I'd drop in for a chat.
About what, Mr. Lund?
Your dogs are barking up the wrong tree.
Is that right?
And I think you should know that I don't tolerate attacks
on my reputation.
Which precedes you.
You have a long history of ruthless tactics.
Well, regardless, I don't think anyone on earth would say
that I'd set up a police officer's murder.
Would anyone say it was the unfortunate by-product
of an attempt to rattle Tom Baker?
If you're trying to coax a confession out of me,
you're wasting your breath.
I just want the truth.
Which could save you, and your congressman,
a lot of embarrassment.
Obviously, you've gotten some bad information.
America's gonna see this for what it is.
A political assault.
That's your arena, Mr. Lund.
My politics wear a blindfold.
Not according to your witness list.
Tom Baker's a partisan hack.
Ron Grayson's bias shows on every broadcast.
And your man in Payroll makes regular contributions
to the Republican party.
It seems you've been working this case as fast as we have.
I believe in being proactive.
Just steer clear of obstruction, Mr. Lund.
If you come after me based on rumors and lies,
I'll do everything necessary to defend myself.
I think it would be better for you and your office
if this little misunderstanding didn't turn into a fight.
(Fontana) Excuse us.
Excuse me, ma'am. Excuse me.
Eric Lund, do you remember us?
Detectives Green and Fontana. NYPD, sir.
Eric-- It's all right, John.
Gentlemen, how can I help you?
By turning around and
putting your hands behind your back.
What on earth are you charging me with?
The murder of Dana Baker.
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...
So, you were the type of kid to throw rocks at a beehive.
Eric Lund's arrest was completely justified.
It was completely premature.
And didn't need to take place at a black-tie gala.
We did him a favor.
Saved him from another rubber chicken dinner.
So, you think Lund's to be taken lightly?
He contributed to the death of a police officer, Arthur.
I never take that lightly.
And why arrest him now and not wait for an indictment?
He's the kind to shred evidence.
Or did he poke you with a stick so hard
that it sent you off half-cocked?
Now, I know he was here yesterday and you should know
that it was probably a tactic.
We had enough to arrest.
We'll have enough to prosecute.
Shoot, Jack.
You better hope so.
(male clerk) Docket number 31146.
People v. Eric Lund on the charge of Manslaughter,
Second Degree.
(Judge Hayes) How does your client plead, Mr. Remz?
Not guilty, Your Honor.
The charges against him are baseless
and motivated solely by partisan politics.
Save it for your opening, Counselor.
People on bail?
Half a million should do it.
That's ridiculous, Your Honor.
My client is a government employee.
Who has a total income of over $200,000 a year
and access to a private jet.
A high dollar amount is necessary to ensure
that he has incentive to appear.
Clearing his good name is incentive enough, Your Honor.
I tend to agree. Bail is set at $10,000.
[bangs gavel]
This is a trumped-up attack by a conservative D.A.
hell-bent on silencing
the powerful progressive voice of John Prescott.
Your client should be discussing a plea.
We have solid evidence that he knew Dana Baker was undercover
and he disclosed her identity to the media anyway.
Evidence we can easily refute.
A courtesy phone at the Hotel Dupont in Boston shows calls
to Ron Grayson and Veronica Drake
two days before the story ran.
(McCoy) Both Grayson and his assistant confirm
speaking to your client that day
and the hotel has Mr. Lund registered as a guest.
Along with 400 other Washington insiders.
It was a DNC retreat.
Even if you had proof that my client spoke with Ms. Drake,
it doesn't mean he was the leak.
And how does putting Dana Baker in danger help me?
Or Congressman Prescott?
It doesn't even make sense.
Political payback makes pretty good sense to me.
Tom Baker went after your candidate
so you went after his daughter.
I found out about Dana Baker the same day you did.
When Drake's column ran in the newspaper.
Actually I found out when her corpse landed on a police car.
We'll accept Man Two. Five years.
No deals.
Then we'll see you in court.
I'm gonna say this again.
I am not involved in this leak.
No one in my office or on my staff had anything
to do with exposing the identity of Detective Baker.
And for the Manhattan District Attorney to even suggest
that I-I would jeopardize heroic American police officers.
[laughs] It's ludicrous.
Prescott's already starting the spin.
You mean Lund's already started.
Is this a response to your subpoena?
Prescott's office surrendered all this voluntarily
to show full cooperation.
Every letter, fax, and email they could throw our way.
We'll have to bring in more TPAs to plow through it all.
(Branch) Makes Lund look like an open book
and drowns us in paperwork all at the same time.
We've got five witnesses on his phone call to Drake.
Payroll server logs corroborate
the computer search for Dana Baker's info.
Ron Grayson will take the stand and we have his records.
And Ratko Petrovich has agreed to testify
for a sentencing recommendation.
(Branch) Good.
If we're not rock solid on this,
we're gonna be in real trouble with this guy.
(Lund's voice on recording) "Four score and seven years ago,
"our fathers brought forth upon this continent a new nation,
"conceived in liberty and dedicated to the proposition
that all men are created equal."
(McCoy) People's six.
A voice exemplar obtained from the defendant.
Is that the voice you heard on the phone, Mr. Mills?
Yes, sir.
He said he was with Homeland Security.
I thought I was doing the right thing.
Did you get the caller's phone number?
From the call ID.
Our phone system's a little hinky so I always write down
the number in case I get disconnected.
Is this the number that you wrote down?
Yes, sir.
Did you ever find out whose phone number this is?
That's the defendant's office line, Eric Lund.
(McCoy) Nothing further, Your Honor.
Have you ever met my client, Mr. Mills?
No, sir.
Prior to this alleged phone call,
had you ever heard his voice?
No, sir.
Did this person who called give you their name?
He told me his name was Nathan Dean.
I found out later that's not who called.
(Remz) You deal with a lot of numbers in Payroll.
You ever...write down the wrong number by mistake?
It's happened.
(Remz) So, you can't be sure
about the caller's name.
You can't be sure you wrote down the right number.
How can you be sure you spoke with my client?
He tricked me into betraying an undercover officer.
I have nightmares about what happened to that woman.
What I helped do.
If you think I will ever forget the sound of his voice,
you're out of your mind.
(McCoy) Do you recognize this, Mr. Petrovich?
I remind you that you have agreed
to testify truthfully and taken an oath to that effect.
Please tell the court, have you ever seen this before?
Yes, I saw it the day Detective Baker was killed.
That's how I know she was a cop.
(McCoy) People's Exhibit 10, Your Honor.
(Judge Bright) It shall be so marked.
Before saw you this,
did you have any idea that she was a police officer?
No, I thought she was a heroin dealer.
When you found out the truth, what did you do?
I shot her. In the head and--
Then twice in the chest.
Sidebar, Your Honor.
Approach.
What's the problem, Counselor?
Your Honor,
something very disturbing has just been brought
to my attention.
The D.A.'s office has been withholding evidence
that exonerates my client.
(Remz) This is an email sent from Veronica Drake to Ron Grayson.
"Friend of Tom Baker says his daughter works for NYPD.
Can you corroborate?"
Note the date, Your Honor.
This was sent one day before my client allegedly spoke
to either reporter.
Veronica Drake knew Dana Baker was a cop before my client
contacted her.
Which means Eric Lund couldn't have been their source.
It's exculpatory Brady material
that should have been surrendered to the defense.
Mr. McCoy?
We can recheck our files.
I suppose it's possible something was overlooked.
Or intentionally withheld.
That's absurd, I've never seen this document before.
It was on a hard drive delivered to the D.A.
A signed courier slip confirms they received it.
But this email was never turned over to the defense.
Do you also have proof that it's authentic?
This all seems incredibly convenient.
Well, there's a simple way to be sure about that.
Isn't there, Mr. McCoy?
We're in recess for 24 hours while you search your office.
Ms. Borgia, I don't recall seeing this.
But I get 100 emails a day.
How many of them connect to the murder of a cop?
Few, admittedly. But--
I still could have received it and don't remember.
Mr. Grayson.
I am sure that you recognize Eric Lund with his claws out.
I can't be sure of that.
If you testify that you never saw this email,
you'll wipe out its credibility.
Lund will go to jail where he can't come after you
for a reprisal.
I can't testify about something that may not be true.
Look.
I know that you lost some press privileges
since talking to the cops.
That was on account of Lund, wasn't it?
Eric Lund is a vile little snake.
He's ruined good men for the smallest perceived insult.
So, maybe I got off easy.
But-- No member of the House
or Senate will speak to me any longer.
Some of whom I've known 30 years.
And without information, I'm not a journalist.
I'm a newsreader.
[sighs]
What did Ron Grayson have to say?
That he has no idea what they're talking about.
Of course he also said that he gets over 100 emails a day.
And Veronica Drake?
We have no way to be certain
that his email was actually from her.
Ms. Borgia.
Where was this? Box 24.
Printouts from Ron Grayson's hard drive.
[sighs]
What the hell happened?
You were supposed to have this thing ironclad.
Now the whole thing's about to come apart
because of a careless mistake?
I'm not convinced it was a mistake.
Lund fabricated evidence and planted it here?
(Borgia) If someone accuses you,
find a way to put them on trial.
It's a strategy he's used in every campaign that he's run.
With one document, he exonerates himself, clears Drake,
impeaches Grayson, attacks me,
and blames the whole thing on Tom Baker.
It's a magic bullet.
(Branch) If this a magic bullet,
find me a smoking gun and prepare for the storm
that's gonna come from Lund's side.
(Remz) The file is on the hard drive, Your Honor.
It's the prosecution's word against solid evidence.
They have no case.
The People can still meet the burden of proof.
At worst, this was an honest mistake.
There was nothing honest about it.
They entered four other documents from that hard drive
into evidence.
Yet, they somehow managed to overlook the one document
that clears my client!
I have sworn affidavits confirming
that no one in my office saw this email
before the defense brought it into court.
This is all academic, Your Honor.
No harm has been done to the defense's case.
What about the harm to my client's reputation?
This whole thing has been a witch hunt!
(McCoy) Mr. Lund's action
got a decorated officer killed.
Politics has nothing to do with it.
Given the clear evidence of intentional malfeasance,
we respectfully request a continuance for a full hearing
on prosecutorial misconduct.
There's no evidence to warrant this, Your Honor.
Doesn't have to just be fair, Mr. McCoy.
It has to look fair too.
I'll release the jury for the day.
We'll do the hearing 9:00 a.m. tomorrow.
(Remz) Thank you, Your Honor.
In the interest of full disclosure,
you might want to check in with Tom Baker.
It was the day my book launched.
A month before Dana died.
[sighs]
After the press event,
I asked a couple of friends to come over for drinks.
Dana said she would try to make it, but she didn't come.
[sighs]
I had a few.
What did you say, Mr. Baker?
That I loved her.
And that she was the best cop in Manhattan.
Who were these friends?
My agent and publisher.
Have you spoken to them?
Both of them swear that they didn't tell a soul.
You believe them?
I don't know.
I-I didn't say that she was undercover.
So, this email could be legitimate.
I don't know about you, but even with this, I don't buy it.
Tell Computer Investigation we need their analysis.
We're out of time.
Everything on the drive looked normal at first.
But now I'm not sure.
I mean, the hash system doesn't invalidate the image.
The SMTP time stamp on the email jives-- Beck.
[laughs] Oh, sorry, uh--
The big stuff checks out.
But there's this one anomaly on the driver files
that suggests that this thing was powered on five days ago.
Well, no one should have touched it
since we took it into evidence last month.
Yeah, exactly.
How hard would it be to fake that?
Well, if this drive was modified,
it was by somebody who really knew what they were doing.
The email appears genuine,
but there's a time stamp on another part of the disk
that's dated for last week.
So, either the hard drive was modified,
or else Grayson had his clock set wrong one day.
Who had access? 12 TPAs.
I was there while Fontana and Green questioned them.
They're all law students.
No criminal records, no connections to Lund,
and none of them has the necessary computer expertise.
Someone planted the email.
Well, I have theories--
This hearing's gonna be a boxing match with my hands
tied behind my back.
I'll keep working.
(Remz) Your Honor.
The District Attorney's office deliberately targeted
my client for malicious prosecution.
They chose to arrest him before getting an indictment.
And today you've seen proof
that they withheld key evidence that exonerates Eric Lund.
Given all the evidence,
given the current state of American politics,
which is more likely?
That Eric Lund is a part of some vast conspiracy to get
a good cop killed?
Or that he is just another target of opportunity
for the right?
(McCoy) We're here today
because Detective Dana Baker is dead.
Because--
Everything we uncovered pointed to one person
who revealed her identity, who was responsible for her death.
Eric Lund.
Persuasion by any means necessary.
Spinning the truth until no one can tell
fact from fiction anymore.
That's what Eric Lund does for a living.
That's what he's doing right now.
That email was never surrendered to my office.
You've seen my evidence.
My record speaks for itself.
I think the defendant's record speaks for him.
It's up to you to see the truth.
[sighs]
We're in recess until 8:00 a.m. tomorrow
when I'll render my decision.
I don't like your odds here.
I floated the idea of a plea.
Remz won't even discuss it.
The people of New York get no benefit
from a misconduct finding against their lead prosecutor.
What are you suggesting?
It's not about Lund.
It's about you.
If your credibility is undermined,
it's gonna be defense fodder for every case
you try from here on out.
It'll compromise your ability to get convictions.
Look, Jack.
You got hammered in the hearing.
That damn email indicates that the guy is innocent.
And Dana Baker's father admitted that he compromised her cover.
If you win the battle, you're still gonna lose the war.
We can still win this and it's my reputation.
Jack.
It's our reputation.
Drop the charges?
Well, it's your call.
But I'd say consider it.
Seriously.
(Remz) Let's go, Mr. Lund.
Ah.
I'm impressed, McCoy.
I didn't think you had the spine to take this
all the way to a ruling.
I still plan to take this to a verdict.
It's your career.
Jack.
Fontana and Green. They've got something
on one of the TPAs.
I can buy us an hour.
I don't know Eric Lund.
I already told you, the police--
We know what you told them, Ms. Lesko.
But when they ran your address, the name Peter Gordon came up.
My boyfriend?
We're both on the lease.
Did you know that your boyfriend
worked on a political campaign in 2004?
Eric Lund was his boss.
That doesn't mean I know him.
This is guilt by association.
We pulled your phone records.
Ten calls between Lund's office and Peter's cell
over the last three weeks.
This is crazy.
I don't know what you're talking about.
Our technicians have proof that hard drive was tampered with.
(McCoy) Only 12 other people had access.
And Lund wasn't calling their boyfriends.
Peter had me meet with this guy.
An expert.
He told me what to do with the computer.
I didn't want to, okay?
But you don't understand.
When Lund called, Peter was terrified.
Lund made threats?
He didn't have to.
Peter told me things he did on that campaign.
Families he ruined, lives he destroyed.
If you don't do what Eric Lund tells you to do,
he will wreck your whole world.
Ms. Lesko, so will we.
We forwarded copies to Judge Bright.
He's reviewing them right now.
As soon as we're done trying Mr. Lund for manslaughter,
we'll be charging him with multiple counts of perjury,
conspiracy, and obstruction of justice.
The word of two cash-strapped kids.
It's hardly DNA, is it?
Politics is a manipulative business, Mr. McCoy.
People lie all the time.
Not to me.
All the charges add up to a minimum of 20 years.
Make us an offer.
If you plead guilty on all counts,
we're willing to give a recommendation
on where you serve your sentence.
That's an insult.
That's the best offer you're going to get.
Unless you have any information on illegal acts committed
by Congressman Prescott.
Such as?
Did he instruct you to expose Dana Baker?
Is this your attempt at a political move?
To put my back to the wall?
I'm offering you a way to atone for your mistakes.
John Prescott is a great leader.
A strong, progressive voice that this country desperately needs.
He can be president someday.
He will be president someday.
Maybe when you're out of jail.
Just file your charges, McCoy.
I don't trust Lund's confidence.
Like he's got something else up his sleeve.
A way to discredit Janine Lesko.
Or a way to manufacture something to discredit her.
He will tear that girl to shreds
before he lets her send him to jail.
We need to talk to her tomorrow.
Get in front of any dirt in her past.
The fight continues.
Can I help you?
It's all right, Mike.
Mr. McCoy.
Forgive the intrusion.
To what do I owe the pleasure, Congressman?
A conversation I had with Eric Lund.
He's in hot water, isn't he?
Yes, he is.
Yet, there's an offer on the table to reduce the charges
for information on me.
Many things were discussed.
Information about what? What are you looking for?
Or are you just fishing?
What do you think, Congressman?
Yeah, I think you're fishing.
Trying to bluff a man like Eric Lund?
You're giving me a lot of credit.
[laughs]
Who do you think you are, McCoy?
And just who the hell do you think you're talking to?
Someone who lets other people do their dirty work.
What kind of time is Eric looking at
if he cops a plea to planting the Dana Baker story
and evidence tampering?
I'd consider 15 years.
I'll see he takes the deal.
I'd need to hear that from him.
Oh, you will. But the fishing--
It has to stop.
Are we clear?
Crystal clear, Congressman.
We don't have anything on him.
Except his guilty conscience.
Of course, we were shocked when we learned the truth.
Although, I personally never worked closely with Eric Lund,
he should never have been on our staff in the first place.
And for this, I take full responsibility.
I want America to know that the buck stops here.
Looks like Prescott's gonna weather the storm.
Hiring a new consultant.
Some rising star from the 2004 campaign.
Another deal with another devil.
Who's the real devil?
Lund falls on his sword while Prescott just climbs over him
on his way to the top.
That's politics.
Democracy's still the worst form of government there is
except for all the rest.
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