TV-Serie: In Justice - 1x12
Hi, I'm Sonya Quintano, an attorney with the national justice project.
We received your letter, and we just...
...need to ask you a few more questions about your case.
And just so you know, with the large...
..number of applications we receive..
...we can only take so many cases.
All right, this says you were convicted of...
...arson and...
...manslaughter...
...murder in the first degree...
...second degree...
...third degree, is that right?
Mr.
Burgess?
Mr.
Burgess, thank you.
We're going to look into it.
Really?
So it says in your letter that you were convicted of bank robbery and murder, is that right?
No.
Sorry.
Um, Brian Daniels?
No, Billy Daniels.
Oh, so you didn't write to us?
No, but I will if you want.
Brian's in the next cell block.
He's a nice guy.
You should help him.
Thank you.
I'm sorry.
Oh, they'll just take me back to my cell.
Want to talk for a minute?
No, I can't.
I'm working.
Well, we can work.
Ask me what I did.
Uh, okay.
What did you do?
Stole a case of vodka.
So how many years do you get for stealing vodka?
30.
For stealing a box of vodka?
And it's my third strike.
Then why'd you steal it?
I didn't.
So the second strike, I mean, what was that?
I was accused of robbing a stereo store, beating up the guard.
Accused of?
So you're saying you didn't do that one either?
Yep.
Do I sense a hint of doubt?
Now do I dare ask about the first strike?
Oh, no.
That one I did.
Yeah, you know, joyriding with band mates.
We didn't have a car, so we took one.
I used to have a jazz band back in Los Angeles.
You were supposed to be impressed by that.
Oh, I don't impress easily.
You like jazz?
Hate it.
No, I mean, Billy, why are you so calm about this?
I'm-a be in here for 30 years.
Now I can beat my head up against that wall, but that wall's not moving, no matter what I do, no matter what you do.
On the other hand, my family's back east, and I don't get too many visitors, so...
Well, there's some question about her alibi, but I think the gun evidence holds up.
Well, do a little more work before we take it to Swain.
Brianna, what do you got?
Well, maybe there's nothing here, but, there was this guy who's serving 30 years for stealing vodka.
Stealing vodka?
Yeah, uh, three strikes.
Billy Daniels.
I checked out his story, but, I don't know.
Well, did he do it?
Well, he says he didn't.
But?
Well, he says he didn't do the second strike either.
Okay.
Anybody else?
Well, wait.
Maybe he's telling the truth.
Yeah, about not doing two strikes, right?
Right.
Did he do the first strike?
Yeah, car theft.
Oh, boy.
Okay, look...
I mean, even if he did the third strike, it's 30 years for stealing vodka.
Yeah, but if he did it, he did it.
Yeah, but so we're keeping the streets safe from vodka thieves?
I mean, come on.
No, hardened criminals.
If someone proves themselves-- Yeah, but it's 30 years for stealing vodka.
You can say it as many times as you want, but the guy knew what he was doing.
He knew he had two strikes.
Yeah, but the three strikes law is-- But he did it.
He chose not to.
Wait, wait, wait!
Let's move on.
Jon.
I want to bring it to Swain.
I said no.
Okay, Jon, what do you have?
And you'll still be interviewing tomorrow?
Oh, no, no, no.
That...
that would be great.
Yeah, should I fax over my resume?
No.
No, it's just time for me to move on.
Okay, thanks.
Bye.
You like jazz?
What?
Do you like jazz?
No, I do not.
Let's go, let's go.
Come on.
What the hell's going on here?
Let's go, come on!
Come on, come on!
You're back.
Billy, convince me why you're innocent.
Is your national justice project taking my case?
No.
I am.
No one's getting disbarred.
Just a little bump in the road is all.
Yeah.
I'll call you back.
Hello.
Victoria, would you please call security?
Mr.
Rocca, you seem to be making my office as your home.
Three strikes.
That would be a tough nut to crack.
Wait, what was his name?
Billy Daniels?
I don't know what you're talking about.
Might tell him to make himself comfortable, mr.
Swain.
He's going to be spending a long time in jail.
You need a new set of cliches, mr.
Rocca.
Everybody, listen to me!
That man is Richard Rocca.
He works for the attorney general's office.
He is trying to stop us from getting innocent people out of prison, because the attorney general insists there are no innocent people in prison.
Do not talk to him.
Do not let him talk to you.
Go back to work.
No, Brianna's great.
I have nothing but the highest praise for her.
We'd be sad to see her go.
Hey, who's Billy Daniels?
Okay, glad I could help.
Billy Daniels, three strikes case.
Rocca just brought it up.
Oh, yeah, something Brianna was after.
Nothing there.
30 years for stealing vodka.
Why nothing there?
Looks like he did it.
Wow, he stole vodka.
Oh, my god.
David, let's not.
Please, I've got a lot of work to do.
It's a medieval law, Charlie.
How can you defend it?
I'm not defending it.
I'm just saying if the guy did it, then we shouldn't be taking cases-- What, where we can challenge an unjust law?
No, yes, wait.
First of all, who says it's an unjust law?
All right, how about a law based on a bad sports metaphor?
I mean, jeez, three strikes, and you're out.
How about--how about four downs and a punt?
Second of all, the guy did it.
He did it, bottom line.
The bottom line is justice.
Okay, fine.
Let's take every three strikes case, David.
Good, I'm glad we agree.
Start with this one.
Yeah.
That would help...
Yeah, great.
Absolutely.
Oh, I have to call you back.
Okay, thanks.
Run it.
What?
Give everybody a case file and run it.
Let's see what you've got.
Okay, Billy Daniels, a piano player in a jazz combo serving 30 years to life for the third of three strikes.
The first--a car theft.
One year served.
The second, grand larceny, battery.
Four years served.
And now, petty theft, a non-violent misdemeanor, enough for the third strike.
So what's the evidence?
Okay, come on!
Evidence, people!
Let's go!
Which strike?
Right, good point, Sonya.
Let's make this board strike two and this board will be strike three.
We overturn either strike, Billy gets out.
So let's work 'em both.
Okay, well, there's not much on strike three.
Billy was playing a wedding with the jazz combo, and the father of the bride found the vodka in the back of his car.
Okay, and what was his defense?
He didn't have a defense.
Thank you, Jon.
You can go sit in the corner now...
Billy said that his drummer Errol Fisher was with him the whole evening.
Yeah, but this alleged alibi witness-- He didn't testify at trial.
Yes, he was in Japan, but that was two years ago, so maybe he's back.
Let's find him, okay?
Second strike.
We have the loading dock robbery.
So what do we got?
Spencer?
Billy worked at the store, sound judgment, during the day.
So he actually had access to the security code.
Okay.
He also had knowledge of inventory and van keys.
Right.
Well, come on.
Put 'em up on the board.
Okay, good.
So now, what does this all mean?
Charlie?
Oh, it was an inside job.
Very good.
So he had the means and the opportunity, but so did all the other employees, so, let's check 'em out.
Yeah, but the security guard, he didn't I.D.
the other employees.
He I.D.'ed Billy Daniels.
Right.
But we all know how expectation can determine I.D.
So let's talk to the guard, Lewicki.
All right, assignments.
Sonya and Jon, why don't you work the vodka larceny angle?
And Conti and I will take on-- Uh, Brianna.
The fingerprint.
Billy left his fingerprint on the van window in Lewicki's blood.
C.S.
investigator said it was a definite 6-point match, so I'm gonna make deal with you.
We undercut the fingerprint, we take the case, okay?
Okay.
On the left, the smeared partial print from the crime scene.
On the right, the clean print from Billy Daniels.
Now, a match is only as reliable as...Anyone?
A sample taken from the crime scene.
How come Conti never brings you by?
For exactly this reason.
Get on with it.
All that stuff you see in the movies where they put the print into the computer and then, "ding, ding, ding, ding, ding!
We got a match!"
No, it's up to a living, breathing analyst to make the judgment.
And this being a partial and a smeared partial at that, an expert is allowed to take even more liberty with the analysis.
Meaning?
Why does it have to mean anything, Conti?
Can't it just be?
Here, put your finger on this.
What?
Come on, dip it in.
What is it?
The rest of my lunch.
I had a hot pocket.
Go ahead, go ahead.
It won't kill you.
Good.
Now press this on the transparency.
Good.
You've just duplicated the real-life conditions of a crime scene.
Some blood got on your hand.
You pressed too hard on the surface because you were rushing, and...
voila!
Could a crime tech come by and say this is a 6-point match?
If he was motivated enough, you betcha.
Even Quantico makes these mistakes.
The Madrid train bombing, remember?
They matched prints to a lawyer in Seattle.
The guy was innocent.
So I thought just you were gonna be taking my case?
Yeah, I thought so, too, but it looks like you got the whole team.
Great.
So, Billy, the sound judgment store...you worked there?
Right, you know, the life of a jazz musician...
You make money where you can.
Same with playing weddings?
That's right.
I still have nightmares of playing "sunrise, sunset."
So, Billy, you were with the drummer the whole time at the wedding?
Yeah.
And he'll back you up on that?
Yeah, yeah, I was his ride.
Any idea how we can find him?
No.
I heard from some guys, though, that he was going christian pop on us all, but that's about it.
You're still not going to tell me your name, are you?
Our working theory on the sound judgment crime is that it was an inside job.
Was there anybody who worked there who you think could have done this?
Sure, sure, lots of guys.
Why do you say that?
Because lots of guys at sound judgment had criminal records.
See, the owner, Mickey Bettis, he liked to give guys a second chance.
You mean ex-cons?
Yes, sir.
Well, how many ex-cons are we talking about here?
Like two, three?
No, no, around 20.
20?
That's better.
See?
You could do a commercial.
You've got beautiful hair.
All right, then.
Nice talking to you.
Mr.
Swain.
Oh, mr.
Rocca.
Didn't know these were your offices.
Don't move a muscle.
And I'll be leaving now.
Very nice.
I'm not intimidated, Swain.
Here's a word of advice.
If you really want someone to believe you're not intimidated, don't say, "I'm not intimidated."
Bye, girls.
Get back to work.
Get back to work.
Miss Barkowksi, get me everything you have on Swain's investigator.
So you catered this wedding in 2004.
I'm sorry.
You're investigating the theft of vodka two years ago?
Yes, sir.
And this takes two of you?
No, no.
4-tops over here.
We think he didn't do it, sir.
Then how'd the vodka get in the car?
Well, that's what we're trying...
Oh, hell, I don't know what we're trying to figure out anymore.
Jon?
Excuse us.
So you were the one who discovered the vodka was missing?
Oh, please.
When I'm catering, I barely have time to use the bathroom, let alone keep track of the liquor.
Three years of law school, I'm investigating shoplifting.
Fantastic.
Is he okay?
Yeah.
Then who discovered it?
The father of the bride.
But the father of the bride not only saw the liquor was missing, he also found it in the musician's car.
Yes, he was a real piece of work.
He was all over me for hiring a black band.
He went right to their car to look for the booze.
Yes?
Good work, Sonya.
You check the bride's father.
Have Jon search for the alibi witness, okay?
Not any murderer or deviant types.
I just hire guys who got thrown off the right path.
Do you have any history yourself?
No, none.
See, the way I was raised, you give people the benefit of the doubt.
U ever had any problems?
You know how many employees ripped me off in the last 20 years?
One--Billy Daniels.
This guard, Phil Lewicki...
he worked the night shift, right?
No, we didn't have a night shift.
He just watched the floor during the day.
But the robbery was at night.
Why was he here?
He left his wallet.
Yeah, the guy was beaten pretty bad.
I don't think he was involved.
Well, could you give us a list of any ex-cons who were here at the time of the robbery?
Lady, these guys have enough going against them without having their pasts all dredged up.
And as much as I like Billy personally, he did the crime, he served the time.
He's serving more than the time...
30 years for stealing some vodka.
Three strikes?
You believe in second chances, Mr.
Bettis?
Randy Mitchell?
Yeah?
We're looking at the 1994 robbery of sound judgment, the place you used to work.
Are you cops?
You remember what you were doing the night of the robbery?
When was that again?
1994.
1994?
I don't know.
Mickey Bettis told us that you left the job six months after the robbery.
He said it was because you'd been arrested for possession and intent to distribute.
Junkies have a reputation for stealing, Randy, to pay for their habits.
I have nothing more to say to you.
Okay, the strike three case, Roger Whittington, father of the bride-- Yeah, he won't talk to us.
He's referring all questions to his lawyers.
Okay, we're going to need to find out more about him.
I'll go talk to Billy.
You know, to find out what he knows about the bride's father.
Conti, I got a lead on the drummer.
You wouldn't believe how many christian rock labels are out there-- hundreds, maybe thousands-- Jon, Jon.
Right.
Errol Fisher did some session work for nicene records, and I've got an address.
Errol Fisher?
Yeah.
Uh, if you're a fan, we're at the circle-star on the 15th.
No.
No, um, actually I'm here about Billy Daniels.
Do you remember him?
Billy, the piano player, sure.
You're a friend of his?
His lawyer.
Oh, yeah, sorry.
I heard about that.
He doing all right?
Not really.
I mean, he's spending 30 years in prison 'cause he was accused of stealing alcohol from a wedding.
30 years, whew.
Third strike.
He couldn't prove that he was with you at the time of the theft.
Well, I told him not to take it.
I told Billy not to take that booze.
I mean, he saw it there and thought no one would miss it and thought he could give it to some of the band members.
You're done already?
What'd he say?
What?
The drummer...what did he say?
Oh, nothing.
Wasn't him.
Wrong drummer.
Randy Mitchell, yeah.
I remember that kid.
Is there a chance he could have been your real assailant?
It was Billy Daniels.
Saw him with my own eyes.
I don't even know why you're bothering with this.
They found the fingerprints there, right?
With my blood.
Mr.
Lewicki, what were you doing at the warehouse that night?
I left my wallet there.
But you were gonna be there at 7:00 A.M.
the next morning, right?
So?
So why go in at midnight if you're gonna be there at 7:00?
Because it bothered me that I left my wallet there, okay?
I couldn't fall asleep.
You guys think I had something to do with this.
I'm the one with the 21 stitches in my head.
You think I put them in myself?
You know...
Please, Continue.
Excuse me.
You want Swain, I'll give you his number.
No.
We both know the reason for the national justice project's success rate, mr.
Conti, and it isn't David Swain.
Just wanted to have a little chat.
You know, I don't do well with little chats, and I don't do well with people following me.
It must be odd going from the police department to the bastion of bleeding heart liberals, but I imagine the women are prettier.
If I might share something from my own experience-- Mr.
Rocca, do you think you unnerve me in some way?
Your wife Charlotte-- excuse me--your ex-wife...
she works for the D.A.'s office.
She's actually engaged to be married to the D.A., and these...
are photos of the two of you leaving your office.
And these are photos of you two in a nearby hotel bar.
And these are photos of you in a much more...
Need some help here!
This man is sick!
That's right.
Just breathe, just breathe.
I'm not like Swain, mr.
Rocca.
You come after me, you come after the people I love, things don't end in court.
I think he's feeling better now.
He just needed to catch his breath.
Don't try to speak.
Just breathe.
Can you get him a wet towel?
Have a nice day.
Why not just bring criminal charges?
If my associate mr.
Conti behaved in the way you outlined here, why not just talk to the police?
Because I don't care about mr.
Conti.
I care about the national justice project.
That's why I'm suing you for $5 million.
Mr.
Conti was working as your paid employee when he violently assaulted me.
A hefty monetary judgment has the capacity to put you out of business.
I'll see you at the deposition, mr.
Swain.
Charlie...
we've got to talk.
You actually hit him?
So what did it feel like?
It was pretty damn satisfying.
Did he just go down flat or did he..
I kind of lowered him down.
Really?
Yeah, it was cool.
You get to do everything I want to do.
I know.
All right, so where are we on this 3-strikes guy?
Strike two, we have a suspect, Randy Mitchell.
Junkie, used to work at sound judgment.
We're checking his alibi right now.
Okay, and strike one?
Strike three.
What?
Strike three, not strike one.
We're doing Abbott and Costello here.
Strike three is?
The vodka.
And strike one?
The car theft, but we're not doing strike one.
Strike two is the stereo store.
What happened with the drummer, Errol Fisher?
Oh, I thought I told you.
It wasn't him.
So I'm gonna go talk to Billy and find out some more.
Great, Rocca's coming after us, and our case is falling apart.
You shouldn't be taking it anyway.
Please, Victoria, not now.
The people of California voted for three strikes.
I voted for it.
And if they voted for beheadings, you'd be for it?
What?
I know that look.
What are you thinking?
It's Brianna and this client...
they're getting...
What, distracted?
Interested?
No, nothing, nothing.
Attached?
Charlie?
Why do I get all the boring gossip and none of the good stuff?
You think I'm lying about the vodka.
I don't know what to think.
Think I'm not lyin'.
So this drummer is setting you up or...
No, he's confused.
I had a song come to me last night.
Just ready-made in my head.
It used to happen all the time on the outside.
Never in here.
It's hope.
It's you, Brianna.
Billy...
What?
You don't need to do this, okay?
I'm helping you either way.
I don't need to do anything.
One thing prison teaches you..
only ask for what you really want.
Only say what you really mean.
Put...
put that away.
Why?
Because.
Thank you.
Hey.
Hey.
Anything on the bride's father?
Oh, right...
What are you doing?
What?
I saw your face in there, Brianna.
Okay, Jon, we've got a long drive back, all right?
Don't make it any harder than it is.
He's a convict, Brianna.
Oh, what do you care?
I care!
I care.
Okay, what are we talking about here now?
Well, I work with you, so of course I care.
Right.
Conti, I...
Randy Mitchell was on probation at the time of the warehouse robbery.
He was performing community service removing graffiti from the foot of the bay bridge.
He's got an alibi.
Okay, good work.
Okay, I got it.
200 vcrs were stolen, right?
So I started thinking...
What's wrong?
Randy Mitchell has an alibi for the sound judgment robbery.
Really?
Yeah, and the drummer says Billy stole the vodka.
He's wrong.
Would you excuse us?
So, you lied.
You kept it from us.
He was wrong, okay?
I was just...
Yes, I lied.
You don't lie to us.
I knew that if you thought Billy did the third strike, you would drop the case, but now the second strike, it's turning out to be-- Brianna, people are going out on a limb here for this case.
They have to keep working here.
Well, what's that mean?
I think I'm being clear.
You applied for a job.
I get called for references.
Oh, okay.
We're having that conversation.
Okay, when I signed on here, I was told that I would get court experience.
Okay, I'm a lawyer.
I'm not some 2-cent gofer.
You know, we were told that we could pursue our own cases.
Instead, we only do what you wanna do.
You know how ironic this is?
We're doing your case!
Because you think I'm going to leave!
You are going to leave!
No, I'm not!
No, I'm not.
Okay, go.
No, I mean, go.
Tell me what you got.
I...
all the vcrs, all the stolen vcrs-- I think I may be able to locate one.
How?
They were fenced on the street.
There's no record.
That's what I assumed, too, but you have always told us never to assume.
So I took a shot, and I called the manufacturer.
One of the vcr buyers sent in a warranty card.
You're kidding.
No.
You got a name?
Look, this whole thing is a little embarrassing.
I was leaving the office one day, and this guy comes up, and he says he's got stuff for sale right in the back of his car.
It was my wife's birthday, and it completely slipped my mind.
Okay, sir, we're not too concerned about how you got the vcr.
So my wife, right, she was thrilled with that, so happy, she sent in the warranty registration.
All we want to know is who you bought it from.
I don't know the guy's name.
All I remember is that he was selling cheap vcrs.
The smallest detail could help, sir.
Is he a young guy?
Is he an old guy?
Young, maybe 20, might have had blond hair.
Blond?
Was he a white guy?
Yeah.
Why?
No, that's not what I said.
You're putting words into my mouth.
Ms.
Quintano...
Yes?
Are you saying I next commented that you were pretty?
No, I'm saying that you next told mr.
Conti that the women at the national justice project must be prettier.
Is that what you heard me say or what you thought I said?
Objection--relevance.
I'm sure the court reporter will record your 800th objection, mr.
Swain.
Answer the question.
At this rate, we'll be here till next thursday.
Listen, I've been thinking about this warranty guy.
Said he bought the vcr near his work?
In west oakland.
I know that area.
I worked it five years.
I never saw white guys unloading stolen goods.
I already told you everything I remembered about that damn vcr.
We don't think you have, mr.
Sylvester.
Look, you got me in trouble the other day.
My wife, big ears, overheard us.
Now she wants to know what other presents fell off the back of a truck.
Well, we've been asking around about you, Keith.
Apparently you know a lot of people who deal off the back of trucks.
Look, tracing stolen goods is easy, all right?
If the police learn that you've knowingly been receiving that kind of property..
Okay.
Maybe I didn't buy the vcr off the street.
Maybe I visited a guy at his apartment.
A guy?
We need a name, Keith.
Jonnie Hardwick.
Nice, upstanding individual.
Okay, so 1996 conviction.
Home invasion robbery and, um...
Okay, that case number right there, he had an accomplice, so type it in.
Okay.
Oh, there you go-- the accomplice.
Martin S.-- Oh, wow.
Yeah, wow.
Martin S.
Lewicki.
And look who posted his bail.
His father, the security guard.
So is it fair to say, mr.
Lewicki, that even though you didn't see mr.
Conti attack me, you did observe him speaking to me in forceful, threening tones?
Yes, that's correct.
Your witness.
Thanks, Jon.
Hi there.
Hi.
Let's talk about your son, shall we?
Objection--relevance.
Your objection is noted and preserved for trial.
Mr.
Lewicki, is it not a fact that your son Martin was arrested and charged with a home invasion burglary in 1996?
Objection--what does this have to do with my case?
About as much as Sonya's prettiness has to do with it.
May I remind you, sir, that you remain under oath?
Wasn't your son arrested for a home invasion?
So?
I'm assuming by "so," you mean "yes."
Yes.
Good, now in the 1994 robbery of sound judgment, the robbery for which Billy Daniels was convicted, you claim you returned to work after midnight to retrieve your wallet.
Is that correct?
Yes.
And yet, in fact, isn't it true you discovered your son your troubled son had taken your keys to sound judgment?
Objection, objection.
This case is about mr.
Conti's actions.
You can't just ask anything you want.
Well, I've spent the past two days listening to you ask my employees every question under the sun, mr.
Rocca.
I know what you're trying to do.
You're using this deposition to help free Billy Daniels.
And I'm sure you must appreciate the deep irony.
Mr.
Lewicki, you discovered that your son had taken the keys and the security code to sound judgment, and you went there to stop him.
Correct?
Dad?
No, no...You can't-- Oh, my god!
No!
Stop!
You don't say another word.
He hasn't answered my question.
You weren't asking questions.
If that's an objection, it's noted and preserved for trial.
There isn't going to be any trial.
I'm withdrawing my claims against the national justice project.
This deposition is over.
Mr.
Lewicki, you're under no legal obligation to say anything further.
So we now know that Billy is innocent?
He didn't rob the stereo store.
How are we gonna prove it?
We don't prove it.
We move back to strike three.
Hey, Billy's lawyer.
I actually just had one more question.
It's...
Oh, wow.
Yeah, I can't get into the whole downloading thing.
You know, do you have "I've got a right to cry"?
Billy's version?
Oh, yeah.
I was listening to it on the way over.
It grows on you.
Yeah, it does.
Billy.
Man.
You know, he practices every day.
Really?
In prison?
He's drawn piano keys on his mattress.
He hears the music in his head.
He knows he won't touch another piano until he's 60.
He wants to be ready.
I mean, can you imagine that?
Not having music for 30 years, and all because someone else had a weak moment and thought, "ah, what the hell.
No one will miss this vodka."
Lady, I don't-- You know, Billy was your ride.
We thought that someone was setting him up, you know, planting the vodka in his car, but it was just you.
A crime of opportunity.
You know, still, I couldn't figure out why you didn't come forward.
30 years for Billy, slap on the wrist for you.
Until I realized it wasn't just a slap on the wrist.
I talked to your probation officer.
You didn't come forward about the vodka because you were on probation.
You get arrested for the vodka, you're back in soledad for five years.
Look, lady, let's say u're right.
If I didn't come forward then, why would I come forward now?
Because he's your friend, and I'm a lawyer, and I talked to the probation officer and the assistant D.A., and we made you a deal.
If you admit to stealing the vodka, you get five months in prison, not five years, and Billy Daniels gets out now.
You all right?
What?
Conti...he wants me to come back and do something.
You all right?
I'm all right.
You, uh, you sure?
Because i can stay if you...
if you want.
Jon, stay or go.
It's just like any other release.
Okay, I'm gonna-- I'm gonna go.
Are you still thinking about taking another job?
Probably not for a while.
Good.
Everything I think I'm going to say and everything I do, I'm gonna do right.
Can I kiss you?
You know what I want?
A piano?
Yep, yeah.
Let's go.
Transcript : Raceman Synchro : Sulina www.forom.com
We received your letter, and we just...
...need to ask you a few more questions about your case.
And just so you know, with the large...
..number of applications we receive..
...we can only take so many cases.
All right, this says you were convicted of...
...arson and...
...manslaughter...
...murder in the first degree...
...second degree...
...third degree, is that right?
Mr.
Burgess?
Mr.
Burgess, thank you.
We're going to look into it.
Really?
So it says in your letter that you were convicted of bank robbery and murder, is that right?
No.
Sorry.
Um, Brian Daniels?
No, Billy Daniels.
Oh, so you didn't write to us?
No, but I will if you want.
Brian's in the next cell block.
He's a nice guy.
You should help him.
Thank you.
I'm sorry.
Oh, they'll just take me back to my cell.
Want to talk for a minute?
No, I can't.
I'm working.
Well, we can work.
Ask me what I did.
Uh, okay.
What did you do?
Stole a case of vodka.
So how many years do you get for stealing vodka?
30.
For stealing a box of vodka?
And it's my third strike.
Then why'd you steal it?
I didn't.
So the second strike, I mean, what was that?
I was accused of robbing a stereo store, beating up the guard.
Accused of?
So you're saying you didn't do that one either?
Yep.
Do I sense a hint of doubt?
Now do I dare ask about the first strike?
Oh, no.
That one I did.
Yeah, you know, joyriding with band mates.
We didn't have a car, so we took one.
I used to have a jazz band back in Los Angeles.
You were supposed to be impressed by that.
Oh, I don't impress easily.
You like jazz?
Hate it.
No, I mean, Billy, why are you so calm about this?
I'm-a be in here for 30 years.
Now I can beat my head up against that wall, but that wall's not moving, no matter what I do, no matter what you do.
On the other hand, my family's back east, and I don't get too many visitors, so...
Well, there's some question about her alibi, but I think the gun evidence holds up.
Well, do a little more work before we take it to Swain.
Brianna, what do you got?
Well, maybe there's nothing here, but, there was this guy who's serving 30 years for stealing vodka.
Stealing vodka?
Yeah, uh, three strikes.
Billy Daniels.
I checked out his story, but, I don't know.
Well, did he do it?
Well, he says he didn't.
But?
Well, he says he didn't do the second strike either.
Okay.
Anybody else?
Well, wait.
Maybe he's telling the truth.
Yeah, about not doing two strikes, right?
Right.
Did he do the first strike?
Yeah, car theft.
Oh, boy.
Okay, look...
I mean, even if he did the third strike, it's 30 years for stealing vodka.
Yeah, but if he did it, he did it.
Yeah, but so we're keeping the streets safe from vodka thieves?
I mean, come on.
No, hardened criminals.
If someone proves themselves-- Yeah, but it's 30 years for stealing vodka.
You can say it as many times as you want, but the guy knew what he was doing.
He knew he had two strikes.
Yeah, but the three strikes law is-- But he did it.
He chose not to.
Wait, wait, wait!
Let's move on.
Jon.
I want to bring it to Swain.
I said no.
Okay, Jon, what do you have?
And you'll still be interviewing tomorrow?
Oh, no, no, no.
That...
that would be great.
Yeah, should I fax over my resume?
No.
No, it's just time for me to move on.
Okay, thanks.
Bye.
You like jazz?
What?
Do you like jazz?
No, I do not.
Let's go, let's go.
Come on.
What the hell's going on here?
Let's go, come on!
Come on, come on!
You're back.
Billy, convince me why you're innocent.
Is your national justice project taking my case?
No.
I am.
No one's getting disbarred.
Just a little bump in the road is all.
Yeah.
I'll call you back.
Hello.
Victoria, would you please call security?
Mr.
Rocca, you seem to be making my office as your home.
Three strikes.
That would be a tough nut to crack.
Wait, what was his name?
Billy Daniels?
I don't know what you're talking about.
Might tell him to make himself comfortable, mr.
Swain.
He's going to be spending a long time in jail.
You need a new set of cliches, mr.
Rocca.
Everybody, listen to me!
That man is Richard Rocca.
He works for the attorney general's office.
He is trying to stop us from getting innocent people out of prison, because the attorney general insists there are no innocent people in prison.
Do not talk to him.
Do not let him talk to you.
Go back to work.
No, Brianna's great.
I have nothing but the highest praise for her.
We'd be sad to see her go.
Hey, who's Billy Daniels?
Okay, glad I could help.
Billy Daniels, three strikes case.
Rocca just brought it up.
Oh, yeah, something Brianna was after.
Nothing there.
30 years for stealing vodka.
Why nothing there?
Looks like he did it.
Wow, he stole vodka.
Oh, my god.
David, let's not.
Please, I've got a lot of work to do.
It's a medieval law, Charlie.
How can you defend it?
I'm not defending it.
I'm just saying if the guy did it, then we shouldn't be taking cases-- What, where we can challenge an unjust law?
No, yes, wait.
First of all, who says it's an unjust law?
All right, how about a law based on a bad sports metaphor?
I mean, jeez, three strikes, and you're out.
How about--how about four downs and a punt?
Second of all, the guy did it.
He did it, bottom line.
The bottom line is justice.
Okay, fine.
Let's take every three strikes case, David.
Good, I'm glad we agree.
Start with this one.
Yeah.
That would help...
Yeah, great.
Absolutely.
Oh, I have to call you back.
Okay, thanks.
Run it.
What?
Give everybody a case file and run it.
Let's see what you've got.
Okay, Billy Daniels, a piano player in a jazz combo serving 30 years to life for the third of three strikes.
The first--a car theft.
One year served.
The second, grand larceny, battery.
Four years served.
And now, petty theft, a non-violent misdemeanor, enough for the third strike.
So what's the evidence?
Okay, come on!
Evidence, people!
Let's go!
Which strike?
Right, good point, Sonya.
Let's make this board strike two and this board will be strike three.
We overturn either strike, Billy gets out.
So let's work 'em both.
Okay, well, there's not much on strike three.
Billy was playing a wedding with the jazz combo, and the father of the bride found the vodka in the back of his car.
Okay, and what was his defense?
He didn't have a defense.
Thank you, Jon.
You can go sit in the corner now...
Billy said that his drummer Errol Fisher was with him the whole evening.
Yeah, but this alleged alibi witness-- He didn't testify at trial.
Yes, he was in Japan, but that was two years ago, so maybe he's back.
Let's find him, okay?
Second strike.
We have the loading dock robbery.
So what do we got?
Spencer?
Billy worked at the store, sound judgment, during the day.
So he actually had access to the security code.
Okay.
He also had knowledge of inventory and van keys.
Right.
Well, come on.
Put 'em up on the board.
Okay, good.
So now, what does this all mean?
Charlie?
Oh, it was an inside job.
Very good.
So he had the means and the opportunity, but so did all the other employees, so, let's check 'em out.
Yeah, but the security guard, he didn't I.D.
the other employees.
He I.D.'ed Billy Daniels.
Right.
But we all know how expectation can determine I.D.
So let's talk to the guard, Lewicki.
All right, assignments.
Sonya and Jon, why don't you work the vodka larceny angle?
And Conti and I will take on-- Uh, Brianna.
The fingerprint.
Billy left his fingerprint on the van window in Lewicki's blood.
C.S.
investigator said it was a definite 6-point match, so I'm gonna make deal with you.
We undercut the fingerprint, we take the case, okay?
Okay.
On the left, the smeared partial print from the crime scene.
On the right, the clean print from Billy Daniels.
Now, a match is only as reliable as...Anyone?
A sample taken from the crime scene.
How come Conti never brings you by?
For exactly this reason.
Get on with it.
All that stuff you see in the movies where they put the print into the computer and then, "ding, ding, ding, ding, ding!
We got a match!"
No, it's up to a living, breathing analyst to make the judgment.
And this being a partial and a smeared partial at that, an expert is allowed to take even more liberty with the analysis.
Meaning?
Why does it have to mean anything, Conti?
Can't it just be?
Here, put your finger on this.
What?
Come on, dip it in.
What is it?
The rest of my lunch.
I had a hot pocket.
Go ahead, go ahead.
It won't kill you.
Good.
Now press this on the transparency.
Good.
You've just duplicated the real-life conditions of a crime scene.
Some blood got on your hand.
You pressed too hard on the surface because you were rushing, and...
voila!
Could a crime tech come by and say this is a 6-point match?
If he was motivated enough, you betcha.
Even Quantico makes these mistakes.
The Madrid train bombing, remember?
They matched prints to a lawyer in Seattle.
The guy was innocent.
So I thought just you were gonna be taking my case?
Yeah, I thought so, too, but it looks like you got the whole team.
Great.
So, Billy, the sound judgment store...you worked there?
Right, you know, the life of a jazz musician...
You make money where you can.
Same with playing weddings?
That's right.
I still have nightmares of playing "sunrise, sunset."
So, Billy, you were with the drummer the whole time at the wedding?
Yeah.
And he'll back you up on that?
Yeah, yeah, I was his ride.
Any idea how we can find him?
No.
I heard from some guys, though, that he was going christian pop on us all, but that's about it.
You're still not going to tell me your name, are you?
Our working theory on the sound judgment crime is that it was an inside job.
Was there anybody who worked there who you think could have done this?
Sure, sure, lots of guys.
Why do you say that?
Because lots of guys at sound judgment had criminal records.
See, the owner, Mickey Bettis, he liked to give guys a second chance.
You mean ex-cons?
Yes, sir.
Well, how many ex-cons are we talking about here?
Like two, three?
No, no, around 20.
20?
That's better.
See?
You could do a commercial.
You've got beautiful hair.
All right, then.
Nice talking to you.
Mr.
Swain.
Oh, mr.
Rocca.
Didn't know these were your offices.
Don't move a muscle.
And I'll be leaving now.
Very nice.
I'm not intimidated, Swain.
Here's a word of advice.
If you really want someone to believe you're not intimidated, don't say, "I'm not intimidated."
Bye, girls.
Get back to work.
Get back to work.
Miss Barkowksi, get me everything you have on Swain's investigator.
So you catered this wedding in 2004.
I'm sorry.
You're investigating the theft of vodka two years ago?
Yes, sir.
And this takes two of you?
No, no.
4-tops over here.
We think he didn't do it, sir.
Then how'd the vodka get in the car?
Well, that's what we're trying...
Oh, hell, I don't know what we're trying to figure out anymore.
Jon?
Excuse us.
So you were the one who discovered the vodka was missing?
Oh, please.
When I'm catering, I barely have time to use the bathroom, let alone keep track of the liquor.
Three years of law school, I'm investigating shoplifting.
Fantastic.
Is he okay?
Yeah.
Then who discovered it?
The father of the bride.
But the father of the bride not only saw the liquor was missing, he also found it in the musician's car.
Yes, he was a real piece of work.
He was all over me for hiring a black band.
He went right to their car to look for the booze.
Yes?
Good work, Sonya.
You check the bride's father.
Have Jon search for the alibi witness, okay?
Not any murderer or deviant types.
I just hire guys who got thrown off the right path.
Do you have any history yourself?
No, none.
See, the way I was raised, you give people the benefit of the doubt.
U ever had any problems?
You know how many employees ripped me off in the last 20 years?
One--Billy Daniels.
This guard, Phil Lewicki...
he worked the night shift, right?
No, we didn't have a night shift.
He just watched the floor during the day.
But the robbery was at night.
Why was he here?
He left his wallet.
Yeah, the guy was beaten pretty bad.
I don't think he was involved.
Well, could you give us a list of any ex-cons who were here at the time of the robbery?
Lady, these guys have enough going against them without having their pasts all dredged up.
And as much as I like Billy personally, he did the crime, he served the time.
He's serving more than the time...
30 years for stealing some vodka.
Three strikes?
You believe in second chances, Mr.
Bettis?
Randy Mitchell?
Yeah?
We're looking at the 1994 robbery of sound judgment, the place you used to work.
Are you cops?
You remember what you were doing the night of the robbery?
When was that again?
1994.
1994?
I don't know.
Mickey Bettis told us that you left the job six months after the robbery.
He said it was because you'd been arrested for possession and intent to distribute.
Junkies have a reputation for stealing, Randy, to pay for their habits.
I have nothing more to say to you.
Okay, the strike three case, Roger Whittington, father of the bride-- Yeah, he won't talk to us.
He's referring all questions to his lawyers.
Okay, we're going to need to find out more about him.
I'll go talk to Billy.
You know, to find out what he knows about the bride's father.
Conti, I got a lead on the drummer.
You wouldn't believe how many christian rock labels are out there-- hundreds, maybe thousands-- Jon, Jon.
Right.
Errol Fisher did some session work for nicene records, and I've got an address.
Errol Fisher?
Yeah.
Uh, if you're a fan, we're at the circle-star on the 15th.
No.
No, um, actually I'm here about Billy Daniels.
Do you remember him?
Billy, the piano player, sure.
You're a friend of his?
His lawyer.
Oh, yeah, sorry.
I heard about that.
He doing all right?
Not really.
I mean, he's spending 30 years in prison 'cause he was accused of stealing alcohol from a wedding.
30 years, whew.
Third strike.
He couldn't prove that he was with you at the time of the theft.
Well, I told him not to take it.
I told Billy not to take that booze.
I mean, he saw it there and thought no one would miss it and thought he could give it to some of the band members.
You're done already?
What'd he say?
What?
The drummer...what did he say?
Oh, nothing.
Wasn't him.
Wrong drummer.
Randy Mitchell, yeah.
I remember that kid.
Is there a chance he could have been your real assailant?
It was Billy Daniels.
Saw him with my own eyes.
I don't even know why you're bothering with this.
They found the fingerprints there, right?
With my blood.
Mr.
Lewicki, what were you doing at the warehouse that night?
I left my wallet there.
But you were gonna be there at 7:00 A.M.
the next morning, right?
So?
So why go in at midnight if you're gonna be there at 7:00?
Because it bothered me that I left my wallet there, okay?
I couldn't fall asleep.
You guys think I had something to do with this.
I'm the one with the 21 stitches in my head.
You think I put them in myself?
You know...
Please, Continue.
Excuse me.
You want Swain, I'll give you his number.
No.
We both know the reason for the national justice project's success rate, mr.
Conti, and it isn't David Swain.
Just wanted to have a little chat.
You know, I don't do well with little chats, and I don't do well with people following me.
It must be odd going from the police department to the bastion of bleeding heart liberals, but I imagine the women are prettier.
If I might share something from my own experience-- Mr.
Rocca, do you think you unnerve me in some way?
Your wife Charlotte-- excuse me--your ex-wife...
she works for the D.A.'s office.
She's actually engaged to be married to the D.A., and these...
are photos of the two of you leaving your office.
And these are photos of you two in a nearby hotel bar.
And these are photos of you in a much more...
Need some help here!
This man is sick!
That's right.
Just breathe, just breathe.
I'm not like Swain, mr.
Rocca.
You come after me, you come after the people I love, things don't end in court.
I think he's feeling better now.
He just needed to catch his breath.
Don't try to speak.
Just breathe.
Can you get him a wet towel?
Have a nice day.
Why not just bring criminal charges?
If my associate mr.
Conti behaved in the way you outlined here, why not just talk to the police?
Because I don't care about mr.
Conti.
I care about the national justice project.
That's why I'm suing you for $5 million.
Mr.
Conti was working as your paid employee when he violently assaulted me.
A hefty monetary judgment has the capacity to put you out of business.
I'll see you at the deposition, mr.
Swain.
Charlie...
we've got to talk.
You actually hit him?
So what did it feel like?
It was pretty damn satisfying.
Did he just go down flat or did he..
I kind of lowered him down.
Really?
Yeah, it was cool.
You get to do everything I want to do.
I know.
All right, so where are we on this 3-strikes guy?
Strike two, we have a suspect, Randy Mitchell.
Junkie, used to work at sound judgment.
We're checking his alibi right now.
Okay, and strike one?
Strike three.
What?
Strike three, not strike one.
We're doing Abbott and Costello here.
Strike three is?
The vodka.
And strike one?
The car theft, but we're not doing strike one.
Strike two is the stereo store.
What happened with the drummer, Errol Fisher?
Oh, I thought I told you.
It wasn't him.
So I'm gonna go talk to Billy and find out some more.
Great, Rocca's coming after us, and our case is falling apart.
You shouldn't be taking it anyway.
Please, Victoria, not now.
The people of California voted for three strikes.
I voted for it.
And if they voted for beheadings, you'd be for it?
What?
I know that look.
What are you thinking?
It's Brianna and this client...
they're getting...
What, distracted?
Interested?
No, nothing, nothing.
Attached?
Charlie?
Why do I get all the boring gossip and none of the good stuff?
You think I'm lying about the vodka.
I don't know what to think.
Think I'm not lyin'.
So this drummer is setting you up or...
No, he's confused.
I had a song come to me last night.
Just ready-made in my head.
It used to happen all the time on the outside.
Never in here.
It's hope.
It's you, Brianna.
Billy...
What?
You don't need to do this, okay?
I'm helping you either way.
I don't need to do anything.
One thing prison teaches you..
only ask for what you really want.
Only say what you really mean.
Put...
put that away.
Why?
Because.
Thank you.
Hey.
Hey.
Anything on the bride's father?
Oh, right...
What are you doing?
What?
I saw your face in there, Brianna.
Okay, Jon, we've got a long drive back, all right?
Don't make it any harder than it is.
He's a convict, Brianna.
Oh, what do you care?
I care!
I care.
Okay, what are we talking about here now?
Well, I work with you, so of course I care.
Right.
Conti, I...
Randy Mitchell was on probation at the time of the warehouse robbery.
He was performing community service removing graffiti from the foot of the bay bridge.
He's got an alibi.
Okay, good work.
Okay, I got it.
200 vcrs were stolen, right?
So I started thinking...
What's wrong?
Randy Mitchell has an alibi for the sound judgment robbery.
Really?
Yeah, and the drummer says Billy stole the vodka.
He's wrong.
Would you excuse us?
So, you lied.
You kept it from us.
He was wrong, okay?
I was just...
Yes, I lied.
You don't lie to us.
I knew that if you thought Billy did the third strike, you would drop the case, but now the second strike, it's turning out to be-- Brianna, people are going out on a limb here for this case.
They have to keep working here.
Well, what's that mean?
I think I'm being clear.
You applied for a job.
I get called for references.
Oh, okay.
We're having that conversation.
Okay, when I signed on here, I was told that I would get court experience.
Okay, I'm a lawyer.
I'm not some 2-cent gofer.
You know, we were told that we could pursue our own cases.
Instead, we only do what you wanna do.
You know how ironic this is?
We're doing your case!
Because you think I'm going to leave!
You are going to leave!
No, I'm not!
No, I'm not.
Okay, go.
No, I mean, go.
Tell me what you got.
I...
all the vcrs, all the stolen vcrs-- I think I may be able to locate one.
How?
They were fenced on the street.
There's no record.
That's what I assumed, too, but you have always told us never to assume.
So I took a shot, and I called the manufacturer.
One of the vcr buyers sent in a warranty card.
You're kidding.
No.
You got a name?
Look, this whole thing is a little embarrassing.
I was leaving the office one day, and this guy comes up, and he says he's got stuff for sale right in the back of his car.
It was my wife's birthday, and it completely slipped my mind.
Okay, sir, we're not too concerned about how you got the vcr.
So my wife, right, she was thrilled with that, so happy, she sent in the warranty registration.
All we want to know is who you bought it from.
I don't know the guy's name.
All I remember is that he was selling cheap vcrs.
The smallest detail could help, sir.
Is he a young guy?
Is he an old guy?
Young, maybe 20, might have had blond hair.
Blond?
Was he a white guy?
Yeah.
Why?
No, that's not what I said.
You're putting words into my mouth.
Ms.
Quintano...
Yes?
Are you saying I next commented that you were pretty?
No, I'm saying that you next told mr.
Conti that the women at the national justice project must be prettier.
Is that what you heard me say or what you thought I said?
Objection--relevance.
I'm sure the court reporter will record your 800th objection, mr.
Swain.
Answer the question.
At this rate, we'll be here till next thursday.
Listen, I've been thinking about this warranty guy.
Said he bought the vcr near his work?
In west oakland.
I know that area.
I worked it five years.
I never saw white guys unloading stolen goods.
I already told you everything I remembered about that damn vcr.
We don't think you have, mr.
Sylvester.
Look, you got me in trouble the other day.
My wife, big ears, overheard us.
Now she wants to know what other presents fell off the back of a truck.
Well, we've been asking around about you, Keith.
Apparently you know a lot of people who deal off the back of trucks.
Look, tracing stolen goods is easy, all right?
If the police learn that you've knowingly been receiving that kind of property..
Okay.
Maybe I didn't buy the vcr off the street.
Maybe I visited a guy at his apartment.
A guy?
We need a name, Keith.
Jonnie Hardwick.
Nice, upstanding individual.
Okay, so 1996 conviction.
Home invasion robbery and, um...
Okay, that case number right there, he had an accomplice, so type it in.
Okay.
Oh, there you go-- the accomplice.
Martin S.-- Oh, wow.
Yeah, wow.
Martin S.
Lewicki.
And look who posted his bail.
His father, the security guard.
So is it fair to say, mr.
Lewicki, that even though you didn't see mr.
Conti attack me, you did observe him speaking to me in forceful, threening tones?
Yes, that's correct.
Your witness.
Thanks, Jon.
Hi there.
Hi.
Let's talk about your son, shall we?
Objection--relevance.
Your objection is noted and preserved for trial.
Mr.
Lewicki, is it not a fact that your son Martin was arrested and charged with a home invasion burglary in 1996?
Objection--what does this have to do with my case?
About as much as Sonya's prettiness has to do with it.
May I remind you, sir, that you remain under oath?
Wasn't your son arrested for a home invasion?
So?
I'm assuming by "so," you mean "yes."
Yes.
Good, now in the 1994 robbery of sound judgment, the robbery for which Billy Daniels was convicted, you claim you returned to work after midnight to retrieve your wallet.
Is that correct?
Yes.
And yet, in fact, isn't it true you discovered your son your troubled son had taken your keys to sound judgment?
Objection, objection.
This case is about mr.
Conti's actions.
You can't just ask anything you want.
Well, I've spent the past two days listening to you ask my employees every question under the sun, mr.
Rocca.
I know what you're trying to do.
You're using this deposition to help free Billy Daniels.
And I'm sure you must appreciate the deep irony.
Mr.
Lewicki, you discovered that your son had taken the keys and the security code to sound judgment, and you went there to stop him.
Correct?
Dad?
No, no...You can't-- Oh, my god!
No!
Stop!
You don't say another word.
He hasn't answered my question.
You weren't asking questions.
If that's an objection, it's noted and preserved for trial.
There isn't going to be any trial.
I'm withdrawing my claims against the national justice project.
This deposition is over.
Mr.
Lewicki, you're under no legal obligation to say anything further.
So we now know that Billy is innocent?
He didn't rob the stereo store.
How are we gonna prove it?
We don't prove it.
We move back to strike three.
Hey, Billy's lawyer.
I actually just had one more question.
It's...
Oh, wow.
Yeah, I can't get into the whole downloading thing.
You know, do you have "I've got a right to cry"?
Billy's version?
Oh, yeah.
I was listening to it on the way over.
It grows on you.
Yeah, it does.
Billy.
Man.
You know, he practices every day.
Really?
In prison?
He's drawn piano keys on his mattress.
He hears the music in his head.
He knows he won't touch another piano until he's 60.
He wants to be ready.
I mean, can you imagine that?
Not having music for 30 years, and all because someone else had a weak moment and thought, "ah, what the hell.
No one will miss this vodka."
Lady, I don't-- You know, Billy was your ride.
We thought that someone was setting him up, you know, planting the vodka in his car, but it was just you.
A crime of opportunity.
You know, still, I couldn't figure out why you didn't come forward.
30 years for Billy, slap on the wrist for you.
Until I realized it wasn't just a slap on the wrist.
I talked to your probation officer.
You didn't come forward about the vodka because you were on probation.
You get arrested for the vodka, you're back in soledad for five years.
Look, lady, let's say u're right.
If I didn't come forward then, why would I come forward now?
Because he's your friend, and I'm a lawyer, and I talked to the probation officer and the assistant D.A., and we made you a deal.
If you admit to stealing the vodka, you get five months in prison, not five years, and Billy Daniels gets out now.
You all right?
What?
Conti...he wants me to come back and do something.
You all right?
I'm all right.
You, uh, you sure?
Because i can stay if you...
if you want.
Jon, stay or go.
It's just like any other release.
Okay, I'm gonna-- I'm gonna go.
Are you still thinking about taking another job?
Probably not for a while.
Good.
Everything I think I'm going to say and everything I do, I'm gonna do right.
Can I kiss you?
You know what I want?
A piano?
Yep, yeah.
Let's go.
Transcript : Raceman Synchro : Sulina www.forom.com