- 5 hours ago
Law & Order (1990) Season 25 Episode 21
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00:00...justice system. The people are represented by two separate, yet equally important groups.
00:05The police who investigate crime, and the district attorneys who prosecute the offenders.
00:09These are their stories.
00:1724. Tough walk.
00:21Son of a bitch!
00:24You're killing me.
00:25What are you doing hitting a 16 against a 5? It's suicide.
00:28I do it my way.
00:31Hey.
00:32Take it easy, okay?
00:35A marker to cover this last shoe.
00:38Let him go through.
00:39That's impossible, bro.
00:42I need you two to come with me.
00:47Leave the chips.
00:58Your guy's late.
01:01He's coming. I promise.
01:05You see, when you hand over a credit card to pay for cards, it's a promise too, right?
01:12So your word doesn't mean a whole lot around here right now, you understand?
01:21What do you two do in here anyway?
01:23You're out there for months at a time, you have 48 hours in the city, you wind up in here,
01:27playing cards you suck at, and can't afford.
01:31I don't know.
01:37Oh, good.
01:39Daddy's here.
01:47Let's get this done.
01:49Four, Greg.
01:50Make it six.
01:54It's a little matter I learned in business school.
01:58Where there's four, there is six.
02:05Then we have two choices.
02:09Educate me, please.
02:10I give you the four grand that they owe you.
02:14Or you're gonna ask me for six again, and when you do, make sure you got those guys by your
02:22side.
02:36Okay, officer, what do we got?
02:39It happened up there.
02:41No way he's surviving that.
02:43You sure he didn't fall?
02:45Or jump?
02:46That's a different department.
02:47No, he was pushed.
02:50That lady called 911.
02:52At 1035, she was walking down here, heard arguing between two men.
02:57Next thing she knew, this guy went over the side screaming, grabbing at the air, practice head opening.
03:04Hey.
03:05Hey, what are you doing here, Lou?
03:07Victim's name is Wally Kane.
03:09He's a Vice Admiral in the U.S. Navy, commander of a strike group visiting for Fleet Week.
03:14Everybody's watching this one, including the DA.
03:21Dad.
03:28What a man.
03:29The last one.
03:40I don't know.
03:48The white man.
03:48I'm in half-square.
03:48I'm in half-square.
03:49The white man.
03:49The white man.
03:49The white man.
03:51I'm in half-square.
03:53I'm in half-quare.
03:54I'm in half-quare.
04:10Why was Wally Kane in New York, huh, for Fleet Week, a celebration of America's maritime
04:17power?
04:18I mean, that's who New York City managed to fail, this time our very best.
04:22Why look right to the top, to the weak, soft, on-crime DA?
04:26This city is over...
04:28No worse enemy than a former friend.
04:30They can't even protect...
04:31Well, I already contributed to your campaign, so...
04:34Thanks for stopping by.
04:36The death of Vice Admiral Kane's already gotten political.
04:38It's only been 12 hours.
04:39Political how?
04:41Well, it turns out that the soft, on-crime DA is to blame for all this.
04:45Okay, so you need answers.
04:46As soon as possible.
04:47We're on it.
04:48Nick, door's open in five minutes.
04:51Just stay on message to the extent possible and just, uh, be charming.
04:55That's what I do.
04:56Gotta go.
04:57Keep me updated, okay?
04:58Good luck.
05:01THE BAD
05:03WALL-A-CANE
05:05Carried out airstrikes in Bosnia.
05:09FLEW sorties in Kosovo.
05:13Coordinated strikes against the Taliban.
05:16We become generous with the word hero.
05:20But out there
05:23character reveals itself in ways land rats can't understand but there was risk
05:31he faced it consequence he absorbed it recognition of praise well he pass that on to you
05:42honor him by obeying his wishes take care of your shipmates we have the watch
05:52while he came and i were friends for 30 years sounds like he meant a lot to this crew
06:04yeah we understand he spent most of his time on this ship
06:06uh-huh he uh he loved the job the mission right were you with him last night no when we're
06:16here
06:16for fleet week i'm slammed part of the routine is we open up the fleet to the public show off
06:21what
06:21we do so i was stuck here on the ship did vice emerald kane seem like he's under any strain
06:27lately anything seem off no if anything he's on a high you may have read that i've been nominated
06:33to be the next secretary of defense which meant that wally was in line to take my job
06:39getting his fourth star we got access to vice emerald kane's credit cards and it looks like
06:45he took out a four thousand dollar cash advance last night downtown on orchard street any idea why
06:50he might have been in that part of town no sorry excuse me sir yeah
06:58admiral seaman harris and seaman nichols request permission to speak with the officers
07:01detectives uh detectives carry on
07:09we have something we need to confess
07:12wally kane paid their tab yeah apparently these two dopey sailors got way in over their head playing
07:17blackjack kane shows up with four grand to bail him out a hell of a boss you do the same
07:22thing for me
07:23right no i definitely would not we're putting together a timeline here looks like kane left the card
07:27room around 9 30 p.m assuming he was going back to the ship in the elevated walkway would have
07:32been a
07:32good way to go until it wasn't hey check this out just got footage of the incident from this little
07:38bodega across the street of the actual crime mm-hmm i mean the quality is not great but if you
07:43step
07:43through it it tells a story there's kane
07:49here comes another guy can't quite make out his features
07:54we argue it gets nasty quick and then
08:00man what a way to go yeah we lose the perp after that
08:04the warrant landed we just got access to kane's text messages and you owe me alternative bad for
08:11all 9 40 p.m last night 9 40 p.m king was dead an hour later who sent that
08:18i don't know yet the
08:19contact name on the phone is just fm okay let's figure it out and find him
08:26alternative bad for all i'm no genius mr masio but it feels like the alternative in this case was murder
08:33no it was i was wally and i have known each other forever it was a little dispute dispute about
08:41what business wally kane was in the navy we were talking about investing in a new venture i own and
08:48lease ports all over the country so his skill set was useful to me well when was the last time
08:53you saw
08:54vice admiral kane i don't know a few months frank we tracked his fitbit we knew you were with him
09:06last
09:06night at bob o'malley's bar 8 30 p.m it's really not a good look it's not what you think
09:13no because
09:15it seems pretty simple to me wally owed you money you tried to resolve it at the bar it didn't
09:19work out
09:20so you hunted him down on the elevated walkway and then you pushed him overboard no no that's not
09:27we met up to talk about business and then i went home i swear and i can prove it too
09:34hey look i need you out here a minute now hey dick's here who is here this is the director
09:42in charge of the fbi
09:54he needs to release frank mazio why is that i can't get into the details at the moment well
10:00we're investigating him for the murder of a vice admiral in the united states he didn't do it
10:04i assure you okay well then forget it i can explain more later but right now what's his alibi i
10:11mean do
10:11you have any proof for us that he's like i said we can talk about all this down the road
10:16but right
10:16now we need to pull him out i'm not releasing him then that would be a bad career are you
10:22seriously
10:23threatening me all right jess come on we just need to know that mr mazio is not going to be
10:28leaving
10:29town anytime soon he's not fine he's all yours time to go
11:02what the hell is going on
11:06thank you frank mazio's alibi holds up he was home at the time of the murder but he admits talking
11:11business with wally kane and then sent him a nasty text afterward apparently he's so important that
11:16the fbi can just rip him out of the middle of an interrogation well just because mazio didn't commit
11:21the murder doesn't mean he's not involved somehow let's track his movements from the time he left the
11:25bar at 8 30 until the 9-1-1 call mr campisi is that your vehicle sir that's my vehicle
11:35so you know
11:37frank mazio i do how we work together you own in lease ports too no work for the fbi
11:49so mazio is working undercover no he's an informant and you're his handler that's why i was over at
11:57bub o'malley's that night was wally kane involved in this look we're on the same team i get it but
12:06this needs to stay off the record you got it wally kane was our target can you be more specific
12:17look we don't need chapter and verse here we just want to know if your operation has anything to do
12:20with our murder i don't know sorry what kind of case is it bribery mazio controls a big chunk of
12:29the
12:29waterfront around here and he was paying people off so they would dock their boats in his ports and
12:34while he came was one of those people so he's taking bribes to dock navy vessels with this mazio guy
12:41huh
12:43yes anyone else involved what is your business with the admiral well we need to discuss that with
12:50him flag officer on deck
12:55how's your work detectives and mr lieutenant brady have you made an arrest no but we think we might
13:03be close could we have a word with you in private anything you need to say to me you can
13:07say in front
13:08of them we don't keep secrets on this ship okay we think you were taking bribes we think you met
13:17with
13:17wally kane to talk about frank mazio because you knew the feds were get the hell out of here sorry
13:22that's not how this works now what is this this is a united states navy vessel a protected federal enclave
13:31under maritime and territorial jurisdiction law no one comes aboard without my express permission
13:50where's my evidence that's 17 cash deposits made to admiral garvey's account over four months
13:56all just less than ten thousand dollars to avoid detection okay but we need more i got some video
14:02haven avenue a quarter mile from the murder scene six minutes after the 911 call
14:07you know it looks like garvey yeah that's that scarf from the walkway video i couldn't get a hit on
14:13facial wreck but he stops and talks to this guy who's in uniform a sailor and we can see his
14:20face
14:20clear as day and every member of the military is in facial wreck great track him down you bet that's
14:29me and you're positive you were talking to admiral garvey are you kidding to guys like us admiral garvey
14:35is a celebrity i never even talked to him before i wasn't gonna miss my chance how did he seem
14:42i didn't talk to him a little shaken up to be honest wasn't interested in a long conversation that's for
14:51sure
15:01state your business don't bother pursuant to mre 315 ncis has determined that probable cause exists
15:09for these authorities to conduct the search of this vessel this is a legal order all hands will
15:16cooperate and will not interfere shoot me
15:42you want to tell me just what the hell it is you're trying to accomplish
15:47i can read this is goddamn outrageous the law yeah it's wild stuff
15:54who
16:00so so
16:01so
16:03this is you wearing that scarf and pushing your friend to his death can you turn around admiral
16:11just your hands behind your back this sir
16:14rustin garvey you're under arrest for the murder of vice admiral wally cain
16:24i'm gonna
16:25take off my handcuffs so i can return this salute enough theatrics let's go
16:29i will be back on this deck
16:34and you are gonna regret this
16:38okay we'll talk soon are you really doing this
16:45how's it going jack can't believe you're out and about seeing how dangerous this city is and all
16:51admiral garvey is a legend a war hero and you're gonna put him on trial for murder
16:57the evidence against him is significant doesn't look like that to me or the people i work with
17:02he's set to be the next secretary of defense for god's sake irrelevant
17:08to charge garvey with murder is a slap in the face to a lot of very important people nick
17:14not if he actually did it
17:21the people's case is strong your honor we have video of the admiral at the crime scene and we
17:26believe the defendant presents a significant flight risk he is an admiral in the u.s navy
17:30and if released he will retake the helm of his naval fleet and set sail for the middle east
17:36mr banks we plead not guilty and look forward to clearing admiral garvey's reputation as for bail
17:44this man has served our nation for three decades we request reasonable bail this is a murder case
17:51defendant is hereby remanded your honor this is a political witch hunt you can't penalize
17:57the defendant for the da's office watch it mr banks next case
18:05we're challenging your video evidence
18:15just selling the video that people claim places my client at the crime scene was obtained from a
18:21bodega it employed extremely dated technology this is an analog dvr based system first generation of
18:29black box recorders back then storage was at a premium they saved space
18:35by using compression and the storage is nearly full which it always is at this little shop the
18:41frames per second rate drops to 10 per minute this is not reliable evidence
18:47what say you your honor the law does not require perfect technology it requires reliable authentication
18:53and relevance and we have both now yes the system is older but it doesn't mean that these images are
18:58unreliable i'm worried that the jury might give undue weight to what appears to be visual confirmation
19:04but it is visual clearly with demonstrable deficiencies the video is out
19:10your honor this is and that's the end of the conversation mr price
19:18can we win without the video yes the evidence is strong motive
19:23admiral garvey was trying to cover his own ass what does that mean
19:27wally kane knew that nazio was coming for him that he was wearing wire so he called garvey told
19:33him what was going on they met up presumably to talk about the vine they were in and garvey got
19:38upset
19:39and pushed kane to his death something like that yeah do the phone records and cell data support all that
19:44yes
19:45okay good so we're still on solid ground we are yeah but this whole video thing it was a pretty
19:56routine
19:56matter i mean we're talking about surveillance video it's the foundation of modern police work and as a
20:01result it's the foundation of most criminal trials so for sullivan to flat out suppress it based on the
20:08simplistic argument that attorney banks put forth it it's hard to fathom oh judges of a lot of
20:15discretion and like you said the surveillance system's outdated so let it go and move on to jury
20:21selection build a case with what you have not with what you wish you had just make sure you put
20:26together
20:26a solid jury and they're not paying too much attention to all that fake news out there
20:31yeah came across this little gem a few hours ago thought you might appreciate it oh god
20:40it doesn't stop does it
20:45in our system of justice a defendant is presumed innocent and that doesn't change unless and until
20:52the people that is myself and miss maroon prove our case beyond a reasonable doubt if we don't do that
21:00the law requires you to return a verdict of not guilty so is there anybody here who feels that
21:09if a person has been charged with a crime they probably did something wrong
21:17very good a plus so far in civics another issue that we run into is media coverage information is
21:25everywhere in the newspapers our phone social media this case has garnered some publicity has anyone
21:32here read or heard anything about this case it's perfectly understandable yes uh juror 211 could you
21:41describe what you've read or heard uh this thing's been all over the talk shows and stuff my understanding
21:46is that the cops might have arrested the wrong guy goodness anyone else heard anything like that yeah juror
21:55214 yeah i heard the same stuff like this whole thing is political a witch hunt right that's the
22:00word they used thank you uh your honor the people move to excuse jurors 211 214 and 216 and thank
22:07them
22:07for their service approach
22:19mr price admiral garvey is a southern white male um yes correct well you moved to excuse three white
22:26men from this jury i'm sorry your honor i'm not following as a matter of integrity it's my job to
22:31guard
22:32against any impression that we might be stacking the jury batson tells us that these strikes could be
22:39viewed as eliminating white men in favor of minorities less inclined to sympathize with the defendant
22:46your honor i am not moving to strike because they are white men i'm i'm moving to strike because
22:51they acknowledge digesting literal fake news about this case
22:57help us out here fellas could you still be objective about this case despite what you might
23:04have heard on the news yeah sure you didn't walk in here today with your mind made up regarding this
23:11man's guilt or innocence i don't guess so there you have it your honor we're not impugning the character
23:20of these jurors but there's no question that they've been exposed to material that would never
23:25be admissible in this courtroom this creates an unacceptable risk of prejudice trial by jury does
23:30not require us to see jurors who have lived in isolation in this world motion to strike these men is
23:37denied
23:43these are two of the most aggressive pro-defense rulings i've ever seen
23:48video compression nonsense and this batson ruling it's absurd batson was designed to protect black
23:55defendants who used to get railroaded by all white juries not powerful white men it makes no sense
24:03unless of course that is the whole point meaning what meaning unless sullivan knows what he's doing
24:10makes no sense where are you suggesting i can't prove that he is in garvey's pocket but
24:18it definitely feels that way are you seriously accusing sullivan of being corrupt he's been on
24:24the bench for 20 years he was a prosecutor for 15 he started out right here in this office he
24:29held
24:29your job for like five exactly that is why this is so concerning because he knows better i think he
24:35should recuse himself on what grounds does he know the defendant his family members not to my knowledge
24:41does he have any special relationship with attorney banks with the navy not to my knowledge so what
24:46you're going to ask him to step aside because you think he's a prick for starters he's going to tell
24:50you to go to hell and then he's really going to jam you going to war with a judge is
24:56bad business nolan
24:58so you want me to pretend this isn't happening i want you to pretend that he doesn't matter as much
25:02as you think he does the jury makes the decision not him
25:17kenneth nick hey you know as you might expect i've been following this garvey case pretty closely
25:23is that right yeah a lot of eyes on this one guessing you're pleased with that
25:30is that what this is all about me getting the nod for the d.a position instead of you
25:36i know you wanted it your people weren't very subtle about it i have no idea what you're talking
25:43about well let me be a little more direct you've made two questionable legal rulings and i'm trying to
25:50understand why every decision i make is based on the law i sure hope so that's the whole point of
25:57this
25:57isn't it follow the law to get justice i'm going to give you the benefit of down on this one
26:05kenneth
26:06for the time being is that a threat no it's a compliment i have too much respect for you and
26:14your career to ask for an accuser ask me you're the one acting unethically excuse me reaching out to
26:23me on an ex parte basis trying to influence a case oh we're just two people trying to do the
26:31right thing who happen to bump into each other outside the courthouse have a nice evening
26:42vice admiral wallace kane was a hero but like all of us he was far from perfect
26:52two years ago the fbi discovered that a man named frank mazio was bribing naval officers to dock their
26:59vessels at his slips the fbi asked mr mazio to cooperate to implicate the men that he was paying off
27:07vice admiral kane was one of those men on the night of the murder mr mazio met with kane wearing
27:15a wire
27:16hoping to incriminate him but wally kane was nobody's fool he clammed up he rushed out and the first thing
27:25he did was to call his partner in crime the defendant it was clear to admiral garvey that their secrets
27:35might be exposed that this whole mess had to be put to bed loose ends tied up so he pushed
27:40wally kane
27:41off the side of a walkway and watched him fall to his death this is the story of two good
27:49men two brave
27:50men doing bad things one of those men is now dead and the other is the killer
28:03as mr price just stated admiral garvey
28:08is a brave man a hero of several wars admiral garvey did not kill wally kane he loved wally kane
28:20they were roommates in annapolis they worked together for 20 years the sad truth here is
28:29the nypd and the district attorney's office knew they were under a political scrutiny
28:38that the world was watching and judging them for allowing something like this to happen in the first
28:45place objection overruled and the cherry on top of course was the chance to embarrass the federal
28:53government the navy as this trial moves forward please pay attention to the lack of specific evidence
29:05and the far-fetched narrative the prosecution is attempting to craft if you do that
29:12you will come to two conclusions one that admiral garvey did not kill wally kane and two the da's office
29:20cares more about politics than the law thank you for your time for your service
29:30and your fairness we will break for lunch all parties back here in 90 minutes
29:40call nazio now now we're gonna kick this thing off in style make it clear right from the start that
29:46despite the fancy title and uniform garvey is not a knight in shining armor
29:53navy ships are big they need a lot of dock space especially during fleet week when a bunch need to
30:00park at the same time so you know i would uh incentivize certain people to use my ports
30:08here in new york new orleans san diego by incentivize you mean paying them cash yeah and wally kane was
30:16one of those people yes when was the last time you saw him the night he was killed we met
30:21for a drink
30:22at a bar on 18th street what was your agenda that evening to get wally to say something stupid
30:28can you elaborate i was wearing a wire a listening device i was trying to get him to acknowledge that
30:35we were doing business together and he was being paid
30:40he didn't he didn't bite you ever do business with the defendant no not directly but wally said
30:47he shared the bribes with his boss objection hearsay sustained nothing further
30:55this uh this bribery scheme was your idea correct and you obviously knew what you were doing was illegal
31:03correct so breaking the law doesn't bother you no it bothered me it bothered me
31:11just not enough i suppose was that meant to be funny no just honest so you're honest about being a
31:21criminal about your willingness to deceive people skirt the law that's one way to put it
31:28is it also true that you were arrested nine years ago for domestic assault objection it goes to the
31:37witness's credibility this is outrageous relax no need for hyperbole let's discuss this in chambers court is adjourned
31:50yeah mazio was arrested but never convicted hell he wasn't even charged but even if he had been
31:55and was then convicted it still isn't admissible it has absolutely nothing to do with his propensity
32:01for truthfulness i don't know about that excuse me people who commit crimes are inherently less
32:07believable than people who don't that's not uh okay um all right let's let's say that you're right
32:18but the defense has already made that point and they already established that the fbi was investigating
32:23mazio for bribery and that they gave him immunity in exchange for his cooperation and that all makes
32:28sense that is directly related to this case and to the defendant's motive but this alleged domestic
32:32assault from nine years ago has absolutely nothing to do with whether or not admiral garvey killed wally
32:39kane sure it does it speaks to who this man is in full i agree the jury has a right
32:48to know that the man
32:49accusing a war hero of fraud and by implication murder is not only a career hustler but a wife beater
32:58and they proceed i don't know what to say other than this is a highly unusual decision no it's more
33:12than that nick he is jamming us at every turn can't be a coincidence it is not a coincidence i
33:20know you
33:20don't want to hear this right now or accept it but he's in garvey's pocket there is no other explanation
33:30the question is can we prove it
33:39i'm not sure i understand where you're coming from i'm just trying to
33:44this case has been unusual in many ways no how so there have been a series of questionable rulings
33:54that i'd prefer not to bring into the weeds on this i appreciate that i think to put my paranoia
34:03to bed
34:04i need to know how sullivan caught this case you're the chief administrative judge the docket flows
34:09through your office was this case assigned to sullivan or did he ask for it
34:16uh you're really saying what i think you're saying i don't know what to tell you charles
34:22other than i wouldn't be here if this weren't a serious matter
34:32off the record of course yeah sullivan asked for it claimed he had some expertise handling cases
34:39involving the military
34:45i kept hoping i was wrong that i was overthinking it but you bastards are really doing this
34:52you're really trying to fix this damn thing
34:58that's that's a hell of an accusation sullivan requested this case
35:03he's now on the short list for the federal court of appeals he's made pro-defense ruling after ruling
35:09that make no sense unless of course you look at them through a different lens and then they make a
35:13whole lot of sense why are we really here nick i guess i just wanted a chance to look you
35:19in the face
35:20and say i know and that i'm coming for you and sullivan and everyone else involved in this damn thing
35:27that would be unwise but i don't care i am done with this nonsense
35:36does everything have to be so damn political us versus you can't it just be about the law
35:45garvey was taking bribes he was afraid he was gonna get caught and he killed a guy
35:50that's what happened does it really matter what the hell does that mean means we want what we want and
35:59if i were you i would find a brilliant legal reason to give it to us to dismiss the case
36:05win-win
36:07we get the secretary of defense we want and you get to wrap yourself in the constitution and reassure
36:14the voters that you are a noble prosecutor who would never convict someone without sufficient evidence
36:21that's not gonna happen our case is still strong despite your attempts to undermine it
36:32no
36:38you were right nolan you were right all along i wish that weren't true i'm gonna demand a mistrial
36:46really and then i'm gonna file criminal charges against sullivan
36:49and everyone else involved in this damn conspiracy i'm not so sure that's what's the alternative
36:56to stand by and let them make a mockery of the judicial system no but you're the one who told
37:01me not
37:02to get emotional that attacking judges is bad business stop just stop i'm not here for a conversation
37:09or a lecture just send me the file i'll handle it from here
37:13here for a conversation
37:45Good enough to toss a coin? Heads, Garvey walks, tails, spends the rest of his life in prison.
38:04Criminally negligent homicide? You really cut a deal with Admiral Garvey without my consent?
38:16Uh, yes, I did. Given the facts.
38:18He'll be out in a year. Hell, I might even suspend his sentence.
38:22Yeah, maybe. But at least we got something. Because we didn't have the cards, Nick. We just didn't.
38:26That is my decision. Not yours.
38:32I just couldn't stand there and watch you destroy your career.
38:39You should worry about you. About your career.
38:44Well, that's what I'm doing, Nick.
38:46And how's that?
38:47You go after Sullivan, you will get blown up. You'll lose the election, and I will lose my job, and
38:52I like what I do, and I'm good at it.
38:54So if it makes you feel any better, I did this for me. Not you.
39:01It doesn't.
39:08Someone needs to hold the line.
39:11Why not us?
39:15Why not now?
39:21This morning, Admiral Rustin Garvey pleaded guilty to one count of criminally negligent homicide.
39:29Based on the evidence and the specific facts and circumstances of this case, we believe this is a just result
39:37for all parties.
39:40In this country, we do not prosecute to please a crowd, and we do not neglect to prosecute to appease
39:49one.
39:49The courtroom is a place where facts still matter, where evidence still matters, where the law, quietly and deliberately, does
40:00its work.
40:02And we must fight as hard as we can to protect the sanctity of this hallowed institution, because if we
40:09don't, this whole thing, this grand experiment will crumble.
40:19When we feel ill, when we feel that lies and injustice are beginning to invade our collective well-being, law
40:31is the medicine that can help us heal.
40:33Who knows?
40:35Who knows?
40:37Who knows?
40:49Who knows what, who knows?
40:59Who knows what an animal to hide and fulfil, wants to hide, but if it does not hurt us.
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