Two friends conclude an amateur basketball game at the YMCA. They chat happily as they leave the gym. One, David Lempert, asks if the other wants a pizza, but hw says no -- his wife will be worried, since the game ran very late. He stops to call his wife on a pay phone. He eyes another woman as he makes the call, then talks with someone on the phone, who says she wants to go out for pizza. As he talks, shots are fired outside, but he doesn't notice. He agrees, says he'll take a cab over, then hangs up. When he leaves the building, he sees Lempert dead in the street.
The other player tells Logan that he didn't see anything, and gives him Lempert's name. He says that Lempert was an accountant working for the Parks Department, and can't believe that he's dead. Logan tells the man to call him if he remembers anything else. He leaves, and Logan finds Briscoe by the body. Briscoe says that Lempert was shot three times in the chest, and Logan remarks that the killer wasn't taking any chances. Another cop shows up saying that one of the local prostitutes, Deidre Martin, says she saw something. Deidre says that she saw a black car double-parked across the street.
->"Client of yours?"\\
"A Lincoln? Yeah, I wish... the jerk behind the wheel, he wouldn't even give me a roll-down."\\
"Obviously, he didn't know what he was missing."\\
--Lennie Briscoe, Deidre Martin, and Michael Logan
She says that she saw someone jump into the backseat just after the shots were fired. She remembers about half the license plate too. Briscoe thanks her and jokes that she might get a call from the mayor.
->"Yeah, well he's payin' like everyone else."\\
Briscoe has another cop buy her a coffee, and she leaves.
Van Buren jokes that the crime rate is unbelievably high.
->"I don't know why anyone still lives here."\\
"Hey, where else can you get mugged by a guy in a $40,000 car?"\\
--Anita Van Buren and Lennie Briscoe
Logan notes that three shots was overkill for a mugging. Van Buren thinks the killer was just nervous, but the cops think that someone was waiting to kill Lempert for a while. Profaci comes in and says that they found the car; it's registered to a Dr. Harry Fine.
At Fine's apartment, the cops only find his widow -- Fine has been dead for some months. Briscoe wonders why Fine still has a car registered to him, and his widow, Maddy Fine, blames the DMV. Briscoe tells her that her car was a getaway vehicle in a crime, but she says that the car hasn't moved from the garage since Fine died. She uses public transportation (or cabs) to get around town, so she never drives, and no one else has access to it.
A garage worker confirms that Maddy never uses the car, and that it hasn't moved at all since Harry died.
->"The Harry Fine memorial town car."\\
Logan finds that the plates are missing. The garage worker says that the plate was there the previous day, when he washed the car. Briscoe says that he'll call CSU. Logan, meanwhile, asks for receipts for the people who don't have permanent spots in the garage. The garage worker says he'll get the tickets.
The lab tech at CSU is upset about the delay.
->"What'd you do, simonize[[note]]this word means 'wax'[[/note]] the Lincoln before you called us down here?"\\
The tech says they got nothing from the exterior of the car. However, some of the tickets at the garage had criminal records. John Joseph Furini, one of the people parking there, was charged with three counts of aggravated assault, two counts of resisting arrest, and voluntary manslaughter at various times, but was never convicted. Furini is a soldier in Vincent Dosso's mafia gang.
At his dad's ice company, Furini complains about the cops suspecting him. He has a black Lincoln, but says he bought it for himself when his company became successful.
->"A Caddy was a couple of bucks less. But you can't beat the towncar for sophistication."\\
"You're a regular David Niven."\\
--John Furini and Vincent Dosso
The cops ask about Lempert, but Furini denies all knowledge. He says there's a lot of black towncars in the city. Logan asks what Furini was doing at the parking garage, and he says that his company was serving ice at a bar mitzvah in the area. He gives them the client's number to call her. The cops ask where the car is now, and he points it out on the street.
Logan notes that the car has plates, but Briscoe says that Furini would have remembered to put his old plates back on. Logan peaks inside the car, and Briscoe warns him that they need a warrant. Logan says he just wants to see if it's worth their time to apply for one. Briscoe wonders why Furini attacked Lempert; the two wouldn't have been likely to interact.
At the Parks Office, Lempert's supervisor details Lempert's job -- financial projections and budgets. He adds that Lempert was competent at what he did, and that Lempert never mentioned Furini. The manager wonders what secrets Lempert had, and Logan says that's what they want to know. The manager doesn't know of any particular vices Lempert had. Briscoe finds a picture of a young woman, and the manager says that it's Emily Lempert, David's daughter. She's away at a fancy college. Logan says that they didn't know Lempert was married, and the manager says that Lempert was divorced a few years ago.
Priscilla Lempert says that whoever mugged her ex-husband must have been disappointed; David never carried much cash on him, or even had much money at all. Briscoe jokes that city jobs would never make anyone rich. Priscilla admits that money was tight.
->"Look, we were married for 21 years. It was great for one, good for two... C+ for the rest."\\
Logan asks if there were fights, and Priscilla becomes offended that they suspect her. She says they never fought; David Lempert never showed any passion at all. The only things he cared about were his basketball games and Emily; that's why he paid for her private college. Logan asks if he had any other sources of income, but Priscilla says that every penny went to pay for Emily's schooling.
->"If he had anything else, she wouldn't be driving an '83 Buick. All her classmates drive [=BMWs=]."\\
Briscoe refers to Dave as her husband, and she corrects him that Dave is her "ex" husband. She doesn't recall him mentioning a John Furini, and says they hadn't spoken in more than a year.
Outside, Logan wonders if Briscoe would buy his daughters a BMW. Briscoe says that it's fine to want good things for one's daughter, so Logan jokes about a pair of fancy sneakers that he bought his elder daughter Julia. Logan says that he won't buy his kids a fancy car. After a chuckle, Briscoe wonders if Furini loaned Dave Lempert some money. They decide to see how he lived.
In Lempert's apartment, Logan looks at some bank statements and says that Lempert had very little money, so he probably hadn't ripped off the mob. Briscoe sighs about the poverty that city employees live in. He then opens up Lempert's closet.
->"Woah! Three gray suits. A wild and crazy guy."\\
Logan finds a bunch of complimentary shampoo bottles from a downtown hotel. Briscoe jokes about a bathrobe he took from another hotel, but Logan points out that someone so cheap as to steal hotel shampoo wouldn't rent a hotel room that was only a subway ride away from his apartment.
At the Arcady Hotel, a cashier says that Lempert stayed with them for three months. Briscoe wonders why, since the hotel's not in a vacation area. The cashier says that it was jury duty. He smiles and says that the hotel made a lot of money, putting up twelve people for three months and providing all their meals. The press also helped. Briscoe asks what the case was, and the cashier says that Vincent Dosso was on trial for the murder of a labor representative, O'Malley.
Logan tells Van Buren that it can't be a coincidence that Dosso was on trial and then Furini was near the location of the murder of one of the jurors. Van Buren says that the jury hung and there was no trial, so there'd be no reason to kill Lempert. Logan thinks Lempert hung the jury. Briscoe points out that city accountants aren't often killed by the mob. Van Buren wants a motive. Briscoe wonders if Lempert was bought off and wanted more money, and Logan thinks that Dosso wanted to cover his tracks by killing someone who could lead back to him. He wants to talk to the other jurors.
->"What are you going to do, look up 'Anonymous Juror' in the Yellow Page?"\\
--Anita Van Buren
Briscoe says that someone had to know their names.
In Judge Berman's office, a clerk, Arthur Gibbons, says that if he gave out that information, he'd be fired. Logan says that no one would be hurt since the trial's been over for six months.
->"Judge Berman's got rules."\\
"So does my Lieutenant. That doesn't stop me from taking a three hour lunch break every now and again."\\
--Arthur Gibbons and Lennie Briscoe
Gibbons finally gives them a name.
Sharon Esserman says that it was terrible being stuck in that hotel. There was no TV, books, or magazines, they couldn't go outside their rooms even for ice, and couldn't talk on the phone without a court officer present. When Briscoe asks about Lempert, she says that Lempert was the one who hung the jury. Everyone else thought that Dosso was guilty in a weak, but Lempert just kept saying he didn't believe it. Logan asks if he was bought off, but the juror doesn't see how -- the court officers never left them alone. She thinks that Lempert was just a jerk.
Officer Joe Williams says that they were on high alert for juror tampering or assassinations, and that they brought in everyone they could. His security measures, he says, were airtight. He insists that he's never lost a juror. Logan points out that he might not know about any losses. Briscoe asks about Lempert's contacts; he made weekly outgoing calls to Emily, and received three from Priscilla. Williams leaves to take a call, and Logan notes to Briscoe that Priscilla had said that she hadn't talked to Lempert in a year. Briscoe wonders if Priscilla got mixed up. Logan asks when Briscoe last spoke to one of his ex's.
->"July 17th, 1994, 2:35 PM."\\
In her apartment, Logan says he doesn't like being lied to. Priscilla denies calling Lempert, and maintains this even when they threaten to arrest her for obstruction of justice. Briscoe says that she'll be at risk every time she goes outside. She says that the police can't protect her. Logan says the mob won't stop; they'll come after her since Lempert might have talked to her. Briscoe says they'll go for Emily too. Priscilla says that, after the divorce, money became tight, and Lempert couldn't keep up with Emily's tuition payments. A man approached Priscilla, knowing everything about them, and offered her money in order to call Lempert at the hotel, then leave while they spoke. After the trial, Lempert paid off Emily's tuition bills. She identifies Furini as the man who spoke to her.
In her office, Van Buren points out that all they on Furini is jury tampering in the 2nd degree, which isn't even a felony. Briscoe grumbles that bribing a juror has such a light penalty, but Van Buren just says that legislators are idiots. Briscoe says he feels bad for Lempert, who got killed for trying to keep Emily in college. Van Buren says that Lempert took money from the mob and he's a bad guy. Briscoe still feels bad for Lempert, and Van Buren tells them to arrest Furini. Logan is surprised that they're getting him on a misdeamonr, and Van Buren sarcastically asks if they have better things to do. Logan says that they might be able to get a wiretap with Priscilla's statement; ideally, they could get evidence implicating Furini in Lempert's murder. Van Buren tells them to talk to the Organized Crime Control Bureau.
At the Bureau, the detectives listen to wiretaps.
->"You got the shirt?"\\
"Yeah, I got the shirt."\\
"You sure you got the shirt?"\\
"Yeah, I got the shirt."\\
"You got the bullets for the shirt?"\\
Logan comments that the mobsters are idiots. Briscoe asks if Furini is on any of the tapes. The officer shows them a video of Furini and Dosso shaking hands; the two have been very close since the trial. Briscoe asks if Lempert was mentioned in the tapes. She gives them a large box of transcribed tapes (labeled by caller and who else was present), and another box of ones that have not been transcribed.
Logan listens to a recording of Dosso calling Furini a moron, and remarks that he's reminded of his own family. Van Buren says that they're wasting their time; the mobsters know that the Bureau is listening in and talk in code. Logan is optimistic that the mobsters might have screwed up somewhere. Briscoe reads a transcript between Furini and Dosso, taken just after Lempert died. In it, Furini confirms that a "Mr. Parks" was "taken care of."
->"Badda-bing, badda-bang, badda-boom."\\
Dosso then congratulated Furini. Van Buren authorizes the arrest of both Furini and Dosso. The detectives do so, arresting them both at a fancy restaurant. Briscoe Mirandizes them; when he says that they have a right to an attorney, Dosso smirks.
In [=McCoy's=] office, Dosso's attorney, Mark Paul Kopell, remarks that they'd be more comfortable in his office. He's an old school rival and friend of [=McCoy's=]. They joke about [=McCoy's=] meager city salary and what fun it would be to go to Aruba. Mark jokes to Furini's lawyer, Mr. Murphy, that [=McCoy=] graduated with a higher class rank than him.
->"But like they say, the A students end up working for the C students, or in this case, being humiliated by them."\\
--Mark Paul Kopell
Kincaid brings up the tape, and Mark asks if she was also an A student. [=McCoy=] points out that you don't need to be brilliant to understand the tape, and then he plays it.
->"I think the meaning is obvious."\\
"Sure it is. They were watching Miss America reruns."\\
--Jack [=McCoy=] and Mark Paul Kopell
He says [=McCoy's=] case is doomed and that he's moving to suppress the tape, as is Murphy. The defense counsel leaves, and Mark says that his wife Anna sends her love. Once they're gone, Kincaid is surprised that [=McCoy=] is friends with Mark. He says that Mark was a brilliant point guard on the law school basketball team.
->"Did he pay off the ref?"\\
"He's the defense counsel, Claire. Not the defendant."\\
--Claire Kincaid and Jack [=McCoy=]
In Judge Andrew Barsky's chambers, Barsky reviews the motions to dismiss. Mark opens by clarifying that they're in America and the Constitution still applies, and argues that the tape violated the 4th amendment. [=McCoy=] says the warrant for the tape was valid. Mark says that the warrant was for a tap on Furini's phone, and the intent was to implicate Furini. Barsky says that the tape has in fact done that. Mark says that Murphy will address that, but in the meantime, he contends that Dosso's name should have been on the warrant if the conversation was to be offered into evidence against him. Dosso's name was not on the warrant, so, Mark argues, the tape can't be used against him. [=McCoy=] says that it's absurd, and argues that, if the police enter a house with a search warrant for drugs and find a visitor dealing drugs right there, Mark's argument would imply that they can't arrest the visitor, since his name wouldn't be on the warrant for the house. Mark says that this is false because the visitor wouldn't have an expectation of privacy; Dosso did. [=McCoy=] says that Dosso didn't have an expectation of privacy in Furini's telephone, but Mark says that Dosso did have such an expectation in his own phone. [=McCoy=] argues that there was a separate warrant for Dosso's phone, but Mark says that was just his office phone. This call took place from a pay phone in Miami Beach. Mark finishes by saying that accepting the tape into evidence would destroy the 4th amendment. Barsky, amused, accepts his argument. He cuts off [=McCoy's=] objection.
->"I wear the robes, Mr. [=McCoy=]. I can do anything I like."\\
Murphy then argues that the warrant was for O'Malley's murder, not Lempert's. [=McCoy=] easily cites a precedent allowing the tape, and Barsky agrees.
->"Mr. Murphy, I may be open-minded, but I'm not vacant."\\
Outside, Mark and [=McCoy=] banter. [=McCoy=] still think he has a chance, but Mark doubts this. They leave, smiling.
Schiff grumbles about the ruling, saying that Mark earned his hourly $600 fee. [=McCoy=] says that Mark made a good argument and found the right judge. Kincaid remarks that Mark was still a C student, but [=McCoy=] says that Mark only got C's because he was spending so much time in court. He spent a lot of time helping disadvantaged groups in court. Kincaid maintains that Mark is a bad person, saying that he blindsided a senile judge on behalf of a vicious mobster. [=McCoy=] says it's part of the game.
->"Excuse me? Last I heard, it was about justice."\\
"Merely a byproduct."\\
--Claire Kincaid and Jack [=McCoy=]
He says all they should think about is winning; justice itself is secondary. Kincaid says that she doesn't work ridiculously hard just to show off, and [=McCoy=] tells her she'll go crazy if she doesn't start. To Schiff, [=McCoy=] says that they have a good case against Furini -- the wiretap, his fingerprints at the garage, and Priscilla's statement. He wants to try making Furini testify against Dosso; Schiff okays it, saying they can offer a lenient manslaughter sentence.
At Rikers, Furini says the lawyers are wasting their time.
->"You're not being loyal. You're being stupid."\\
They tell him that Dosso isn't going to reward his loyalty; Dosso had a brilliant lawyer like Mark, while Furini is stuck with the hapless Murphy.
->"...you had Oliver Wendell Blockhead here."\\
Murphy objects, but can't do much else. Kincaid plays the tape of Dosso insulting Furini. Furini says that he won't testify against Dosso, but Kincaid says that he can help them in other ways. Murphy says that this is a bad idea, but Furini doesn't care. He knows that both he and Murphy will be killed if anyone finds out about him helping the state's case, but he goes ahead anyway. He tells them about a hideout of Dosso's. Kincaid says they can get a warrant with Furini's statement. Murphy insists that Furini's name remain hidden, and [=McCoy=] says that Furini has become an anonymous informant.
Kincaid hurries into a room with the detectives, but they tell her she didn't miss much. Then another cop, in charge of the recording equipment, says they need to listen to the current conversation. Dosso is praising Mark's legal prowess, and adding that Mark paid the hideout's actual owner to leave town for a while so that Dosso could use it. When someone asks if they should kill Priscilla, he says no; she knows what will happen to her if she talks against the mob.
->"Send her some flowers or something. And somebody cancel his subscription to Sporting News."\\
Someone tells Dosso to leave so that he can make an appointment. Logan wants to arrest him right away, and Kincaid okays it. Dosso is arrested for Lempert's murder.
In court, Judge Randall Welch is handling the arrangement. Dosso pleads not guilty, and Kincaid wants him remanded without bail. Mark insists that Dosso is just the owner of a small plumbing company. Welch complains about a plumber that overcharged him for a minor job, then sets bail at half a million dollars. Dosso is taken away, and Mark approaches Kincaid.
->"Second bite at a bad apple's just as sour as the first."\\
--Mark Paul Kopell
Kincaid says there are no Constitutional problems this time, but Mark says that he's going to be moving to exclude the new tape on the grounds of attorney-client privilege.
In [=McCoy's=] office, Mark plays some of the tapes and says that his voice is on them. He has a signed affidavit from an expert in electronic voice analysis verifying this. Kincaid says that privilege is broken if a third party is on the conversation and points out that there's another voice on the tape that isn't Mark's or Dosso's. Mark says he's that person's lawyer too, producing more documentation. [=McCoy=] says that the discussion of a criminal enterprise is not privileged, but Judge Maria Gance says this is only true if the enterprise is still ongoing or is a future scheme. Since the crime was in the past, the tape is excluded from evidence. Mark moves for a dismissal since there is no admissible evidence against Dosso.
->"I object, Your Honor."\\
"So do I. But I have no choice."\\
--Jack [=McCoy=] and Maria Gance
Later, Kincaid jokes that Mark plays the 'game' by different rules, but [=McCoy=] says that it's not a game anymore. Kincaid smirks, asking if [=McCoy's=] ego is bruised. [=McCoy=] asks her what the keystone of the adversarial process is, and after some grumbling, Kincaid says that it's two independent counsel arguing before an impartial judge and jury. [=McCoy=] says that Mark isn't independent anymore from Dosso, and he's crossed a line. Kincaid says that listening to Dosso brag is not illegal. Nor is paying off the owner of Dosso's hideout. [=McCoy=] says that Mark has facilitated the operation of Dosso's criminal enterprise, and Kincaid says that he does that simply by being Dosso's lawyer. [=McCoy=] gets the tape transcript and asks how Dosso knew that Lempert was subscribed to Sporting News. Dosso couldn't have gotten anywhere near Lempert without inviting suspicion, so Mark had to be the conduit of information. [=McCoy=] muses that, if the juror Dosso wanted to bribe had suddenly had a bout of honesty, Dosso would have been in trouble. Dosso had to be sure Lempert would crumble, and [=McCoy=] and Kincaid conclude that Mark used the juror questionnaires to identify the juror that was most in need of money. Kincaid says that the questionnaires were anonymous, but [=McCoy=] says that the county clerks would know the juror's real names.
Mark Thomas, another of Judge Berman's clerks, is brought in for questioning. He says they're on the same side and demands to know why they're going after him.
->"You wanna know why? Because I bust my butt to bring down scum like Dosso, then some whore in a uniform sandbags me for a couple of bucks."\\
After the lawyers say they'll charge him with a felony, he quickly admits that he took $5,000 from one of Dosso's people.
[=McCoy=] reminisces to Schiff about Mark helping him study late into the night back in law school. Schiff asks what they'll do now, and [=McCoy=] wants to go after Mark. He says they can charge him with murder; his choosing Lempert's name for Dosso led, eventually, to Lempert being killed to cover up the scheme. Kincaid asks if he really thinks Mark knew what would happen, but [=McCoy=] doesn't care -- he wants Dosso, and Mark can provide him if pressured enough. Later, the detectives arrive at Mark and Anna Kopell's home, and arrest Mark in the middle of a party.
In [=McCoy's=] office, Mark and Anna Kopell enter. Anna is furious, and Mark says that [=McCoy=] could have just called him. [=McCoy=] says he wants Mark scared, and Mark says it isn't working, although he did scare Anna and his kids. He asks if this makes [=McCoy=] happy, but [=McCoy=] just says that he's upset that Mark is a felon. Mark says that, even if Dosso bribed the clerk, he's innocent. The two argue, and then Anna accuses [=McCoy=] of just being interested in one-upping Mark. [=McCoy=] says that Anna might want to leave, but she says that he knows the Kopell family and shouldn’t be doing this. [=McCoy=] says that Mark can end this by surrendering Dosso, but Anna says this would lead to Mark's death. Mark snaps at Anna to be quiet, then rejects the deal.
->"Look, Jack. You can't even carry my briefcase, and you never could."\\
--Mark Paul Kopell
He says he'll move for dismissal, then hit [=McCoy=] with a massive civil suit.
In court, Mark says that there's no evidence linking him to the murder, even if the jury questionnaire part is true. [=McCoy=] says that, in a conspiracy, one person doesn't have to know what another is doing to be liable. They had a common purpose in rigging the trial, then killing the person who could link them to it. Mark says that Dosso isn't linked to those things either, so the two couldn't have been in a conspiracy. [=McCoy=] brings up the tape, but Mark says that it was suppressed. [=McCoy=] says that the state's position is that Mark wasn't just an attorney, he was totally immersed in Dosso's crimes and thus privilege should no longer apply. Bonelli seems to like this, so Mark says that privilege belongs to a client -- Dosso believed he was conversing with an attorney, and that's all that matters. [=McCoy=] says that this means that the tape can't be used against Dosso, but Mark had to know that he wasn't just acting as an attorney, so the tape can be used against him. Bonelli says she'll hear evidence concerning Mark's true relationship with Dosso.
Outside, Kincaid asks what to do now. She doubts that Mark listed 'working with the mob' for his billable hours. [=McCoy=] says he doesn't want sarcasm. Kincaid insists that the case is getting out of hand, but [=McCoy=] says this is the only way to get to Dosso.
Back in jail, Furini again refuses to testify against Dosso. [=McCoy=] says that he can testify against Mark instead. Furini is surprised. Kincaid asks about Murphy, who isn't there, but Furini says he's tired of lawyers. He wants a deal, and insists on a five year sentence. He also makes clear that he won't testify against Dosso, and he wants immunity on any and all crimes he might confess to on the stand.
In court, Furini testifies that Mark was always there when Dosso was discussing business. After confirming that the deal is good, Furini says that he often talked to Dosso about killing people, and Mark was there. [=McCoy=] asks him to be more specific, so Furini says Mark was there when he (Furini) told Dosso he'd kill O'Malley, the labor representative. [=McCoy=] is intrigued, and Furini says that he was also there when the murders of two others were planned. [=McCoy=] tries to get back on track and brings up the murder of Lempert, and Furini confirms that Mark was in the room, eating, while this was planned. [=McCoy=] asks who else was there, but Furini won't say.
->"Nice try, counselor. I don't recall."\\
Mark says that Furini has no credibility.
->"It's your own credibility I'd start worrying about, Mr. Kopell."\\
The tape is admitted into evidence, and the trial can continue.
Later, Schiff is angry. Furini will only do five years, and has immunity to the three other murders he confessed to on the stand. [=McCoy=] says he had no idea Furini would trick him like that, and Schiff accuses him of letting his ego get in the way of his case. Schiff says that it's been three months and the case against Dosso has gone nowhere. [=McCoy=] is confident that Mark will cut a deal. Kincaid asks what will happen if he doesn't. [=McCoy=] can't answer.
At lunch, [=McCoy=] and Anna talk, and Anna says that Mark will go through with the trial.
->"...he refuses to be intimidated by anyone."\\
They argue about the probability of success for [=McCoy=], and Anna sighs that she's watched the two of them compete for twenty-five years. She demands to know if [=McCoy=] would be going through all this if Mark wasn't a long-standing rival of [=McCoy's=].
->"Alright. Maybe Paul wanted to win too much. But don't you see? You're doing the same damn thing. Win at all costs. And you know what? We're all gonna lose."\\
In a conference room, Mark says he won't roll on Dosso. He says that Dosso is his client, and he (Mark) will be completely loyal to him. He says that he has to become Dosso and think like he thinks in order to represent him well.
->"A criminal defense lawyer who says to his client, 'I'll meet you, but only during office hours; I'll talk with you but I won't have Christmas dinner at your house; I'll -- I'll defend you, but I won't go to your grandson's Christening,' he's not doing his job, he's giving the prosecution an edge."\\
--Mark Paul Kopell
He adds that he loves his job; working for Dosso elevates him.
->"I climbed macho mountain, Jack, and it feels damn good."\\
--Mark Paul Kopell
He still doesn't think the state will win the trial. [=McCoy=] says he's offering a way out. Anna urges him to take it, but Mark thinks that [=McCoy=] only called the meeting due to the weakness of his case. [=McCoy=] says this isn't a game of chicken, but Mark says that it is, and [=McCoy=] blinked. He won't take a deal.
In court, at opening statements, Mark says that the system is weighted against defendants.
->"The People of the State of New York against Paul Kopell. Twenty million people versus one man."\\
--Mark Paul Kopell
He says that his only crime is defending his client. He says that it's common to hate defense lawyers and to joke about vicious attorneys getting their evil clients off on technicalities, but that's what makes the system work. Without those technicalities, the chances of an innocent person being convicted would be too great, he argues. He says that the system is adversarial for a reason, and that he shouldn't be punished for fulfilling his role.
[=McCoy=] agrees that defense attorneys lie, cheat, and abuse the law in order to get their clients acquitted. He says they should be commended for it, and it is what helps the system to work. His argument is that Kopell went beyond the usual attorney techniques when he picked Lempert to be bribed, and he should go to jail for it. Later, Mark is convicted of conspiracy to commit murder. Mark is led out, and Anna just stares at [=McCoy=] in horror. [=McCoy=] leaves.
At the elevators, the prosecutors talk.
->"That sounded like it was more than a game."\\
"You'd better take the next elevator. I wouldn't be very good company."\\
--Claire Kincaid and Jack [=McCoy=]