I did on two por occasions. Randy dworkin is very, very smart. And cute as a button. Ms. Borgia. So i come in for a nosh, and imagine my surprise. Okay, im lying. Jack, you are such a creature of habit. From what i hear about your show this morning, so are you. Everyone in the courtroom is always so gloomy. Why not have some fun is what i say. Because its not moot court. Res ipsa loquiter. What jack and i know quite well and what you will soon discover is that whatever happens in court by day, by night, we get to go home and sleep in our own beds. Speaking of which how are you on sushi . I know this little place no, thank you. Dont even think about a deal, randy. Did i mention how predictable you are . All right, enough shop talk. Let me ask you, jack, what is yo thinking about this iraq thing . I see it as a learning experience. Before we started spreading democracy to the four corners, whoever heard of ieds or tikrit, i think ur soups getting cold. Detective fontanas little trick wasnt exactly water boarding, but really, whats in a name . No one can ever say his version doesnt work. You sure about dinner . Enjoy. Bye. Its a motion to dismiss. Lowell claims he only told the cops where they could find julie gra after he was tortured. Find out what the hells going on. Hi. What a surprise. Do you have a minute . Yeah, do you mind if we walk and talk . Not at all. What can i do for you . Well, i wanted to say that i thought you did a hell of a job with lowell. Uh, huh. Well, thank you very much. We got the girl. Yes, you did. My question is how. If we didnt get her. So you did threaten to shoot him and shoved his head in a toilet. Ill make this very easy for you. Whatever lowell says i did. I say just the opposite. Is that all youre gonna say . Peanut . branch so is dworkin making coffee or just boiling water . Fontanas a good cop. Right now hes filled to the brim with moral indignation. Yeah, well, sure, he is. Were supposed to be on the same team. You know, i know that when the dust settles that this lowell character is just gonna be the latest in a long line of defendants claiming to be a victim of an overzealous officer. What . Dont tell me you believe him. Dworkin may be irreverent, arthur, but hes not unethal. Which probably means hes got proof. Whos the judge . Bradley. Good fella. He thinks jaywalkers ought to get life. Okay, mr. Orkin. Tell me just what kind of medal your client wants pinned on his chest . Lets see. Hes already an eagle scout. Uh, what do you getfor holding your breath . Okay. Uh, now, if we take the 4th and 5th amendment seriously show of has by those who dont. Great. All thats left is for your honor to exclude all the evidence both physical and testimonial obtained by said detective after locati my client. Which means the whole kit and caboodle. Ergo my motion to dismiss. It comes down to he said, he said, your honor. You heard detective fontana and the defendant. Credibility is a question for the finder of fact. Far be for me to be contrary, but as you can see from his sag harbor booking photo, mr. Lowell was either on the sideline or he forgot to blowdry after bobbing for evidence. This could just have easily have been caused by water spraying when mr. Lowell was transported out to the yacht. A for effort, jack. Ill have my office draft the dismissal papers. Not so fast, mr. Dworkin. This detective fontana, is this sort of roughhousing his usual m. O. . Theres no evidence of it. Well, in that case, i find mr. Mccoys explanation perfect valid. What about shoving the gun in his eye . mccoy without other proof, admissibility still depends on the credibility of mr. Lowell versus that of detective fontana. And i dont believe a word out of yr clients mouth, mr. Dworkin. Therefore i am denying the motion to dismiss. Anything interesting . There are a cole of cases justifying the use of extreme physical force to obtain a confession. Theyre from alabama in 1954. I dont think youll find anything in those books if i knew for sure that fontana did what lowell said he did. Spray from the motorboat, jack . Give me a break. Fine. What if he did do it . Even alan dershowitz, the babe ruth of civil rights, said that under some circumstances torture is not only justifiable, it obligatory. Thats right. To find a ticking Nuclear Device hidden somewhere in new york city. So its okay to torture someone to save a million lives . Theres at least an argument for it. What if the bomb wasnt in new york city . What if it was in rugby, north dakota, where only a couple of thousand people would be at risk . Thats a bogus argument. I dont think the grants would agree. Lets not forget that Mitchell Lowell kidnapped their little girl. Lets also not forget that we have a constitution. Call me a stickler, but i think we should at least pretend to follow it. And i think that the constitution should be used less as a shield for the guilty fontana do what they claim he did . He said he didnt. But youre not 100 . Well, whatever happened, by judicial fiat, its no longer your problem. Torture is morally wrong. At least according to the petition i signed condemning the fun and games at guantanamo bay. Well, thats true, but your morality is not at issue here. That wont help me sleep at night, arthur. You know, i was about, oh, six the first time i went fishing with my old man. Damned if i didnt catch one about like that. I was just gettingeady to plop him down into the bucket when i started wondering some grownup things. That fish had never done anything to me. Why should i kill him . Well, i was getting ready to toss him back and then it hit me. If i do the right thing by the fish, im left with nothing but a can of string beans and a stale biscuit for dinner. Well, there i stood, frozen as a popsicle, till my dad looked me in the eye and he said, son, there is nothing either good or bad, but thinking makes it so. And i wanna tell you, no fish ever tasted better. I hate to burst your bubble. But your father borrowed that tidbit from hamlet. Say, isnt he that fella who sat around thinking and talking to himself while other people were going to hell in a hand basket . So youre telling me to go ahead and use the evidence most judges would have tossed . Lots of vitamins a c, and, only 50 calories a serving. Good morning, indeed. V8. Lots of marketing going on in this aisle. Fancy labels, slick degns; this ones got flowers on it, its pretty. After the stomach flu ravages my home, am i supposed to believe that an ocean breeze is gonna blow it away . No. Please. I know what clean smells like, bleach. The same bleach that knocks down dysentery. And cleans up crime scenes. You want to spend 3 bucks on liquid doubt, be my guest. You want clean, get a cleaner wi bleach in it. Roast it. Roast it. Roast it. Slice it. New, handcarved slowroasted sirloin. Perfectly paired, perfectly served. And starting at just 10. 99 . its dinner time at outback. kristy im kristy. As a truck driver, i had a lot of time to smoke. I also had severe shortness of breath and a smokers ugh. I knew i had to quit. So for six months, i used ecigarettes. Then i stopped. But the whole time i kept smoking regular cigarettes. Right up until my lung collapsed. My tip is, just cutting down on cigarettes isnt enough. announcer you can quit. For free help, call 1800quitnow. If youre looking to save money on your seize the day to get more out of life and Medicare Part d. Just switch to walgreens for savings thatll be the highlight of your day. Now preview the cost of your copay before you fill. You can even get onedollar copays on select plans. Okay birth plan. Top of the brown box. Alright got it aromatherapy. Lotion. Woo. Grey basket bottom right. You are so organized. And the selfie stick. Yeah dont give me that look. Life is packing for an early delivery, and an ikea closet thats always ready. Behind every open heart. Is atory. For some, its about finishing the race. No matter what the obstacles. When you keep an open heart, Amazing Things happen. Open hearts jewelry at kay jewelers. Every kiss begins with kay. Searching for a great used car . Start your search with the millions of used cars for sale at the new carfax. Com. Just say show me cars with only one owner. Pretty cool. Plus you get a free carfax report with every car for sale. Start your used car search at carfax. Com i knew you were the best, jack. Show me one other d. A. This generous. Good. Alex will contact judge bradley. Uh, heres the thing. My nana set me straight a long time ago when i was about to take that first step down the road to the rest of my life. Kid, she said, one day a manll tell you that for a mere hundred bucks, hell sell you a diamond as big as the ritz. Now as sure as i ate my first bowl of borscht in minsk, of a Baseball Card and the ritzll taste great with a schmear. Do we have a deal or not, mr. Dworkin . So cute but so serious. After judge bradleys ruling, you should be too. Ten years is gift. Why are you putting on the white beard, red coat, and funny hat this time of year . Hell, ill talk to my guy, but considering his honor handed me an appeal on a platum platter, im gonna have to recommend he pass. I thought if i did what they wanted, maybe theyd leaveulie alone. mccoy how much did he ask you to steal . He just said to fill up the bag. I fit in a little over 700,000. Why didnt you call the police . Do you have any idea what its like having your daughters life rest on the whim of men without conscience . Men wholl do anything for money . Im not a hero. I was scared. When you left your apartment that morning, did you lock the door . Of course. And when julies there, i check it twice. Good for you. Im just suggesting with dworkin across the aisle, that its best to watch your back. Thanks to the honorable judge bradley, his clowning may all be for naught. And when fontana takes the stand . Dworkin didnt object to greens hearsay testimony, so i have no reason to call him. Doesnt mean that squirt wont invite him to testify. Strange. Dworkin didnt submit an fidavit for lowells exwife. She was there when he confessed to fontana. She was downstairs. Sure, but she would have noticed if his head was wet when fontana dragged him down the stairs and out the door. And if she did see it, why didnt dworkin use it it could mean that fontana didntiolate procedure after all. After dworkins motion was denied, it doesnt make any difference one way or the other. It does to me. I should have called the cops the minute the harbor master told me he was on the yacht. borgia why didnt you . cause im a jerk. Hey, the man forged my signature, mortgaged my house, and still, jerk that i am, i stayed married to him. Hes a con man. Hes good at what he does. But. I dont think that i would have tried to protect him when the cops showed up. Why did you want to see . I just wanna know if you noticed anything unusual when detective fontana brought mitch downstairs . Like his head dripping wet . Dont worry. If you want me to lie for you, youve been thinking about that offer. Every second of ery day. Too bad the canons wont let me accept it. I dont wanna hear about nazis or plantation owners, randy. The truth is, im in no mood for your games at all. So. I spent my day listing appropriate fourletter epithets for judge bradley. Off the record, so did i. If you havent noticed, i only bring out the rack on special occasions. Bradleys ruling gives societys imprimatur to barbaric behavior. Which will just lead to more brutal behavior by the cops. Atll force the innocent to lie and guarantee punishment whether a suspect is guilty or not. Its globally rejected. Morally deplorable. Amen. If lowell spent the rest of his life in attica. Just like your rack, jack. I only dust off my high horse in dire circumstances. Off the record. Man to man. Whatever he did, fontana found the girl. The slippery slope argument is a bunch of crap. We sanction the death penalty. If killings okay, how can a little physical persuasion be wrong . It all comes down to weighing the life of an innocent girl against the momentary discomfort of a felon. Three cheers for fontana is what i say. So why do we both feel like taking a hot shower . Because deep down im thrilled to have won the motion to dismiss, and in my heart of hearts, im ecstatic about losing, even though i know thats a legal taboo. He knocked on the door. I said, who is it . He said he was daddys friend, so i unlocked the door and let him in. Did he scare you . No, he gave me candy and asked me if i wanted to go on a boat ride. I said yes. Of course you did. Did he ever touch you . He held my hand. Did that hurt . No. He was nice. On the boat, he gave me pizza and let me watch movies. Tell me, julie. Howd you get so damn cute . Did you hear what mr. Lowell said to your father on the phone . He said he was going to kill me. julie at first it did, but then he winked at me and said it was just a joke on daddy. mccoy thank you. Nothing further. The defense calls detective joseph fontana. I found the defendant hiding in a corner. The door to the room in which mr. Lowell was hiding was it open . No. dworkin was it unlocked . No. So, uh, how did you get in . I forced it open. dworkin you kicked it . fontana thats right. And then once you were in, what, you shook his hand . I detained him. Did you grab him by the neck . I detained him. Nothing like a good old juicy euphemism. Objection. dworkin withdrn. Did you get physical with mr. Lowell . I dont know what you mean by physical. But he told me where he hid the little girl did you ever give him an oldfashioned kick in the rump . A smack in the kisser, maybe . No. Did you shove your gun into his eye . mccoy objection. Did you shove his head into the toilet bowl . mccoy approach, your honor . Your honor has already ruled the defendants claims werent credible. And the witness is merely confirming your honors finding of fact. No harm, no foul. You can proceed, mr. Dworkin. But no mention of the fact that i already ruled on this. Did you shove your gun in mr. Lowells eye . I was in hotursuit of a felon, so naturally, i had my weapon drawn. dworkin so, thats a yes . Objection withdrawn. Did you shove his head into the toilet not once, not twice, but three times . I was trying to save a little girls life. mccoy objection, your honor this is prejudicial. Youre damn straight it is your honor, i move for an immediate dismissal. [gavel bangs] my chambers. Now that was a clear admission. I didnt hear him admit anything. Okay, it was a tacit admission of an illegally obtained confession making, as your honor opined earlier, the whole kit and caboodle inadmissible. Its irrelevant. Weve got the girls testimony connectinghe defendant dworkin only you wouldnt have the girl if fontana didnt get medieval on him. Plums of the poisonous tree, your honor. Without fontanas abuse, my client wouldnt have told him that the girl was on the boat, fontana wouldnt have located her, and she certainly wouldnt have been in the courtroom to connect him to anything please tell me you got something to link him to the robbery, mr. Mccoy. In that case, your honor, i move for a comete dismissal of all charges. borgia wait. If we can establish that the police would have discovered julie grants location separate and apart from the defendants coerced confession it would make my day, ms. Borgia. That the defendant was on her boat before he showed up at her house. Im sure shell sign an affidavit to that effect. mccoy once the defendant refused to cooperate, detective fontana surely would have interrogated mrs. Lowell about everything concerning his visit. She certainly would have mentioned the harbor masters phone call. Detective fontana would have followed up and he would have und the kidnapped child. This establishes inevitable discovery and makes all of the evidence admissible. Thank you, ms. Borgia. Motion denied. Very good, alex. I dont wanna talk about it. Detective fontana extracted from my client what we in the legal biz call a coerced confession. How do we know this . He told us so himself. Thats how. What, you dont remember that . No, no, no, no. Yodidnt doze off during his testimony. Detective fontana was sitting right there. And i asked him directly if he used certain specific abusive acts to encourage mr. Lowell to talk. Of course you remember. Thats when mr. Mccoy got all red in the face and screamed somethi about prejudicial testimony. My queion is. Do you remember detective fontana ever saying, no, i did not commit those brutal acts . I sure dont. Where i come from, if someone accuses you of something barbaric and you dont deny it, well. Do we as good citizensf this great state really want to give our stamp of approval to such conduct by our cops . When you talk about it amongst yourselves, what i want you to do is weigh, on the one hand, detective fontana kicking in a door, on julie grants door and asking if he could come in. On one hand, grabbing Mitchell Lowells neck, on the other, giving julie a piece of candy. Shoving a gun in his eye. Taking her on a boat ride. Dragging him across the room by his neck. Holding her hand so she wouldnt be scared. Shoving his head in a toilet three times. Giving her pizza and letting her watch movies. Legal. Illegal. How can that be . Li it or not, in evaluating the case against Mitchell Lowell, detective fontanas actions are irrelevant and must be ignored. The law says you must focus only on what the defendant did. Im realistic. I know youre good people, and as such, its next to impossible that you could ignore wt you heard or didnt hear in this courtroom. And i also know that by asking you to weigh the defendants actions against the police officers, mr. Dworkin is in effect appealing to your fundamental sense of fair play. Is that a bad thing . Heck, whats good for the goose is good for the gander. We all know that. Fairness is all. Or is it . Does mr. Dworkins fairness leave any room for justice . That faiess exists in a vacuum. While justice, on the other hand, cannot. In mr. Dworkins vacuum world, who made love to his wife. After all, theyve both performed the same physical act. Its only fair. In mr. Dworkins vacuum world, the terrorists must be treated the same as the soldier who tracks him down and kills him. Of course he does. Each of them has taken a human life and whats fair is only fair. In mr. Dworkins vacuum world, the man who takes a little girl hostage while attempting to rob a bank, as long as he feeds her well, must be treated better than a cop who used Excessive Force in trying to save the life of that innocent child. Its only fair. But is it just . The benchmark of a Civilized Society is the quality of its justice. And bank robbers behind bars. judge bradley have you reached a verdict . We have. On the count of robbery in the first degree, how do you find . We find the defendant, Mitchell Lowell, guilty. On the charge of kidnapping in the first degree, how do you find . Moral righteousness be damned. Im fine with the result. Hey, me and you, jack. Same page. Not to worry. Secrets are my specialty. Are you ever serious . Dead serious. Suppose lowell wasnt the one who was tortured. Suppose fontana got lowell to talk by dunking his mother or his daughter or his poodle in the toilet. Are we fine with that one to