The Frame
The fifth episode I wrote for C & L. was inspired by a newspaper report I read at the time about a man who had been let out of prison when proof was found that he was in fact innocent. In light of the recent "Rampart Division" scandal in Los Angeles it looks like I was just a few years ahead of my time
CAGNEY AND LACEY
"THE FRAME"
Written by
John M. Riggle
First draft Oct. 4, 1986
Final draft,
Oct. 11, 1986
CAGNEY AND LACEY
"The frame"
Sharon Gless and Tyne Daly
Bert Samuels (.Al Waxman ); Harvey Lacey (John Karlen); Victor Isbecki (Martin Kove); Marcus Petrie.(Carl Lumly)
Guest Cast
Man (no name); Joe Gianelli; Let. Nolan; Howard James Handy (voice and hands only); Jail Guard; Bailiff; Judge; Lawyer; Prosecutor James Hansen; Officer Abraham Merkle; Det. Thomas Betts; Lloyd Zipke; Rockne Hudson; Det. Barnes; Walter Pitkin
Prison Guard; 15 to 20 Inmates at Prison
Cagney and Lacey
"The Frame"
SETS
Interiors
Detectives car; 14th Precinct Squad Room; Jail cell; Courtroom; Liquor store; The Jane; Samuels Office; Judges Chambers; 55th Precinct Squad Room; Prison Day Room;
Lacey bedroom.
Exteriors
Detectives car; New York Street; 14th precinct parking bay; 55th precinct;
State Prison parking lot
CHRONOLOGY
Scenes 1- 4 Day; Scene 5 Night; Scenes 6-42 Day; Scene 43 Night; Scene 44 Day
CAGNEY AND LACEY
"The frame"
ACT ONE
FADE IN
EXTERIOR-DETECTIVES CAR-DAY
ON Cagney standing on the curb in the early morning. Lacey pulls the car to the curb and Cagney gets in.
CUT TO
Lacey pulls the car away from the curb.
CAGNEY
(smiling)
Another day, another crime.
LACEY
Let's hope it's another day, another
arrest.
CAGNEY
I've got a good feeling about today.
I think we'll get an arrest.
LACEY
Did you have anything in mind or
will any arrest do ?
CAGNEY
Oh, I guess any will do. As long
as it's a felony case.
LACEY
Just any little old felony.
CAGNEY
Sure. Why not ?
LACEY
Since you're so cheerful today I take
it you had a good night.
CAGNEY
I spent a very quiet evening at home with
a pizza and watched two good movies on
my VCR. The telephone didn't ring and
nobody came to my door. I slept like a baby
and I feel great today.
LACEY
That's it ?
CAGNEY
Whadda' you mean, "that's it" ?
What were you expecting ?
LACEY
I don't know. Maybe David was over,
or Bridgitte could have called from
California. Lots of things could have happened.
CAGNEY
Well, that would have been nice, but last
night I was in the mood for a quiet evening
at home, and that's what I got. It was perfect.
LACEY
So now you're all primed to make an arrest.
CAGNEY
Right.
LACEY
Just where and when will we make this
arrest?
CAGNEY
That's the part I haven't figured out
yet.
LACEY
When you figure it out, will you
let me in on it ?
CAGNEY
(laughing)
Certainly, I don't want to go to
court alone.
Lacey pulls the car to the curb and they get out to buy some hot chestnuts from a vendor on the street.
CUT TO:
EXTERIOR-NEW YORK STREET CORNER-DAY
Cagney and Lacey get out of their car and approach the vendor. Just as they arrive there a man runs out of' a store wearing a ski mask and carrying a pistol in his right hand, and a cloth bag in his left. As he passes them, Lacey trips him. As the man tries to get up, Cagney steps in front of him and points her gun at his nose while showing him her badge with the other hand.
CAGNEY
I just figured it out, Mary Beth.
LACEY
Good. As long as we're going to the
station we can just take him along.
A man comes out of the store and points to the man on the ground.
MAN
I'm glad you got him. He just held me up.
CAGNEY
Come down to the 14th
precinct later and fill out a report.
Then we can file charges.
MAN
I'll be there this afternoon.
FADE OUT
FADE IN
INTERIOR-SQUAD ROOM-DAY
ON Cagney and Lacey at their desks. Samuels approaches. Samuels hands each of them a folded paper.
SAMUELS
Looks like you two have a date
in court tomorrow morning.
LACEY
(reading)
The people of New York vs. Howard
James Handy. You are hereby ordered
to appear as a witness for the defense.
CAGNEY
Who is Howard James Handy ?
LACEY
Beats me. I never heard of him.
SAMUELS
I thought he was one of your cases.
CAGNEY
I guess we'll find out when we get there.
Samuels shrugs and retires to his office.
The man from the store which was robbed approaches.
MAN
I'm here to fill out those papers.
CAGNEY
Oh yeah, from this morning. Sit
down Mr. ???
MAN
Gianelli. Joe Gianelli.
LACEY
First, Hr. Gianelli, we need for you
to tell us exactly what happened.
GIANELLI
O.K. I opened the store about 7 A.M.
I had a little business but not much was
happening. I had about $8000 in cash
because there's a factory around the
corner that has payday on Wednesday
and they come to my store to cash
their checks.
CAGNEY
Did you have the money in a safe ?
GIANELLI
Yeah, but that didn't do much good
when I was lookin' at a gun. The guy
came in with that ski mask on. If you
hadn't caught him right outside I
could never have identified him.
LACEY
When did you first see him ?
GIANELLI
I was checking my stock of cigarettes
and I was down behind the counter.
I heard the door, and when I raised up,
there he was with a gun.
CAGNEY
Did he say anything ?
GIANELLI
Yeah. He had a kind of squeaky voice.
He said, "Just give me the money and
I won't hurt you. I know ya got it in the
safe." And that ski mask. It looked kind
of home made, ya know what I mean ?
CAGNEY
We know. What did he do then ?
GIANELLI
He pulled a cloth bag out of his pocket
and handed it to me. He said, "Just put it in here".
LACEY
I'm really sorry we have to hold the bag
and money till the court finishes with
the case, but it's evidence.
GIANELLI
Hey, that's O.K. It means one more punk
off the street. I'm just glad you were at
the right place at the right time. It's the
first time in my life I ever had a cop when I
needed one.
CAGNEY
It was pure luck, Mr. Gianelli. When
I told my partner this morning I had
a good feeling about today, she acted
like she didn't believe me.
LACEY
I'm a believer now. I'll never doubt
your feelings again, Christine.
CAGNEY
Now, Mr. Gianelli, if you will just take
these forms to that table and fill them
out, we can get on with filing the case.
GIANELLI
O.K.
Gianelli goes to the table and starts filling out the forms. Isbecki and Petrie have come in during this and now approach.
ISBECKI
We hear you two got lucky today.
CAGNEY
You heard it exactly right. We just stopped
to get some chestnuts and he ran right
into our arms.
PETRIE
How did you get so lucky ?
CAGNEY
That's the way it goes. You should try it
some time.
PETRIE
We'd like to. As soon as we can figure
out how.
CAGNEY
Eat your heart out.
LACEY
Let's not get too carried away, Christine.
ISBECKI.
That's O.K. Once in a while the
hens need to crow.
CAGNEY
OOOH-OOOH-A-ROOO
PETRIE
I don't think I can take any more of
this.
ISBECKI
It is gettin' pretty deep.
CAGNEY
There's nothing anybody can say to
me today that will make me mad.
LACEY picks up her piece of paper that Samuels gave her and waves it.
LACEY
Try this. Subpeona.
CAGNEY picks up hers and looks at it.
CAGNEY
This doesn't make me mad. It just puzzles
me. Maybe we better go over to the
D.A.'s office and see what it's all about.
LACEY
Too late. They all went home. We'll
just have to wait till tomorrow.
FADE OUT
FADE IN
JAIL CELL-NIGHT
A prisoner is behind the bars. The camera is there also and the camera is the prisoner. A man in a suit is standing outside looking in with a badge on his suit pocket.
NOLAN
You go to court in the morning, Handy.
That'll be your last chance to go for a plea.
HANDY (V.0.)
Nolan, I told you enough times I didn't
hold up nobody. You got the wrong guy.
There ain't no way in hell you're gonna
make this stick.
NOLAN
We'll make it stick, all right.
Handy waves his hand in a downward motion in front of the camera.
HANDY (V.0.)
Go to hell, you lying crook.
A uniformed guard approaches..
GUARD
You might as well give up on this trash
Sgt. He's a hard case. He'll never tell the truth.
HANDY (V.0.)
Some day, some way, I'll get even
with you. That's a guarantee.
NOLAN
I won't hold my breath waiting for a
punk like you to do anything. You'll
have at least ten years to wait in jail
before you even get a chance to do anything.
By then I'll be collecting my pension in
a place you'll never find. But I'll do you
a favor anyway. Plead guilty and I'll do
everything I can to get you off with only
ten years. Fight it and I'll bury you so
deep you'll die in jail.
HANDY (V.0.)
I guarantee you I'll outlive you.
I'll be there when you die.
FADE OUT
END OF ACT ONE
.
ACT TWO
FADE IN
INTERIOR- COURTROOM - DAY
ON the bailiff. The camera is the defendant.
BAILIFF
Hear ye, hear ye, hear ye. All rise. The 147th
District Court of the State of New York,
in and for The City of New York is now
in session, The Honorable Judge William
Strathmore presiding. Be seated.
The judge enters and sits down.
JUDGE
Call the first case.
BAILIFF
The people of New York verses Howard
James Handy. 87 Counts of armed robbery.
JUDGE
Mr. Prosecutor, proceed with your
opening statement.
The prosecutor rises.
PROSECUTOR
Thank you, your honor.
The prosecutor turns to the jury.
PROSECUTOR
This trial is taking place because this
defendant refuses to admit his guilt. The
prosecution has over a hundred witnesses
to call to show that this defendant did in
fact commits all 87 of these felony robberies
by firearm. The prosecution wishes to
apologize to the jury for the length of
the forthcoming trial.
He sits down.
JUDGE
Council for the defense may proceed.
The defense lawyer rises.
LAWYER
Thank you, your honor.
He turns to the jury.
LAWYER
(continuous)
The prosecutor speaks as though it's a
foregone conclusion that you will find
my client guilty. The defense is not in
any way intimidated by the wild ravings
of the prosecutor, and neither should you be.
He sits down.
JUDGE
Any motions ?
PROSECUTOR
No, your honor.
LAWYER
The defense would like to enter a motion
for each charge to be tried individually.
The prosecution present it's case, and defense
present it's. Then move on to the next case.
The defense feels the jury would have an
easier time of it in reaching its verdict.
JUDGE
Any objection, Mr. prosecutor ?
PROSECUTOR
None, your honor. In fact, by the time we
reach the fifth or sixth case the defense
may well decide to change it's plea to guilty.
LAWYER
Don't count on it, Mr. Prosecutor.
JUDGE
Motion accepted. Call your first witness,
Mr. prosecutor.
PROSECUTOR
The prosecution calls Mr. James Hansen.
BAILIFF
Mr. James Hansen, come forward and be sworn.
CUT TO:
INTERIOR-COURTROOM-DAY
ON Cagney and Lacey in the spectator section as Hansen comes forward.
CAGNEY
Ring any bells with you ?
LACEY
I never heard of him. I still
have no idea why we're here.
CUT TO:
COURTROOM-DAY
CAMERA is the defendant as he watches the bailiff
swear in the witness.
BAILIFF
.......truth, so help you god ?
HANSEN
I do.
BAILIFF
Be seated.
Hansen sits down in the witness chair as the prosecutor approaches
PROSECUTOR
Where do you work, Mr. Hansen ?
HANSEN
Williams Bros. Liquor store. 5427
Sheffield, in Manhattan.
PROSECUTOR
You were working there on Feb. 12,
this year ?
HANSEN
I was.
PROSECUTOR
Would you please tell us in your own
words what happened that day ?
HANSON
A man in a ski mask came in and pointed
a gun at me. He said, "Just give me the
money and I won't hurt you. I know ya got
it in the safe. Just put it in here. He gave me
a cloth bag to put it in. gave him the
money, and he left.
PROSECUTOR
Thank you Mr. Hansen.
The prosecutor sits down while the lawyer gets up.
LAWYER
Mr. Hansen, would you please describe
the man who robbed you?
HANSEN
He was the defendant's height, weight,
and looked just like him.
He points to the defendant. (The camera)
LAWYER
The police report says you said the man
who robbed you was wearing a stocking
mask with a ski mask pulled over that.
How can you be so sure it was the defendant?
HANSEN
I can tell by the way he acts. You know,
his voice, and the way he walks.
LAWYER
You saw him at a line-up at the police
station ?
HANSEN
No. Only the one time, when he robbed
me, but I recognize him.
LAWYER
I see. Motion to dismiss for lack of
evidence.
JUDGE
The Court will reserve ruling at this time.
Call your next witness.
PROSECUTOR
Officer Abraham Merkle.
CUT TO:
COURTROOM-DAY
ON Cagney and Lacey.
CAGNEY
What kind of an identification was that?
LACEY
It sounded pretty weak to me. Let's
see if the officer can do better.
CUT TO:
.
COURTROOM - DAY
ON the Bailiff as he swears in the uniformed officer.
BAILIFF
....so help you god ?
MERKLE
I do.
BAILIFF
Be seated.
The prosecutor comes forward.
PROSECUTOR
Officer Merkle, you were the investigating
officer ?
MERKLE
Yes, I was.
PROSECUTOR
When you arrived at the crime scene,
what did you find ?
MERKLE
I found muddy footprints on the floor.
PROSECUTOR
And what did you do ?
MERKLE
I made a tracing of them.
PROSECUTOR
Did you compare them to the defendant's
shoes when he was captured ?
MERKLE
I did.
PROSECUTOR
And what did you find ?
MERKLE
They were the same size.
PROSECUTOR
Thank you, Officer Merkle.
The Lawyer takes his turn.
LAWYER
Officer Merkle, what size were the
footprints ?
MERKLE
Size 10.
LAWYER
How many men in the world do you suppose
wear size 10 shoes ?
MERKLE
I have no idea.
LAWYER
Thank you, Officer Merkle.
CUT TO
COURTROOM - DAY
ON Cagney and Lacey.
LACEY
I don't get it. These witnesses are
worthless.
CAGNEY
I can't believe that prosecutor really expects
to get a conviction with evidence like this.
LACEY
I think something's going on here
we haven't figured out yet.
CAGNEY
I smell something, too.
CUT TO:
JUDGE
Call your next witness.
PROSECUTOR
Det. Nolan.
BAILIFF
Det. Nolan.
CUT TO:
ON Cagney and Lacey.
CAGNEY
Nolan....Nolan....I seem to remember
hearing something about a Det. Nolan.
LACEY
Wasn't he involved in some sort of
scandal several years ago ?
CAGNEY
I don't remember.
LACEY
Something about beating a confession
out of a prisoner, I think.
CUT TO:
COURTROOM-DAY
Camera is the defendant. Nolan is on the stand.
PROSECUTOR
You were the arresting officer ?
NOLAN
Yes, I was.
PROSECUTOR
Exactly what led you to arrest this
man.
NOLAN
I admit that the evidence in this one case
is sort of slim. But in each of the 87 cases
another piece of evidence appeared. The
description is the same, and the voice is
the same. When you put all the evidence
together with the fact that the M.O. was
the same in all cases it shows that the
defendant was the only person who
could have done them all.
PROSECUTOR
Thank you, Det. Nolan.
The lawyer takes his turn
LAWYER
The defense finds no reason to doubt that
all of the 87 crimes in question were probably
committed by the same person. But what
specifically led you to arrest this innocent man ?
NOLAN
I first spotted this man on the street. He was
carrying a small suitcase, or briefcase. In each
of the robberies, the perpetrator had disappeared
instantly after committing the crime.
I felt that he had to have some way to
change his appearance. He had only to conceal
a small case of some sort and wear additional
clothes over his clothes. He could remove the
outer layer, put it in the case, and walk away.
LAWYER
Lots of people carry briefcases. This man
is only one. Why did you pick him ?
NOLAN
His walk. Many of the victims had stated
that the robber was pigeon-toed. Others said
he has a distinctive voice. Others said he
walks with a slight stoop. It goes on and on.
I put them all together and found that only
the defendant could be the guilty person.
LAWYER
When did you make up your mind that he
was the one ?
NOLAN
I felt he was the one the moment I
first saw him.
LAWYER
My, how perceptive of you. So then you
went looking for any evidence you could
find that might make him look guilty.
NOLAN
Well, the evidence was there. I didn't
have to look very hard to find it.
LAWYER
Could it have been that you might have
"helped" the witnesses shall we say,,,,,,,,, "organize"
their testimony? To refresh their memories
of some events? Or to "remember" more details?
NOLAN
Of course I re-interviewed all the witnesses.
That's how good police officers do their
job. We don't sweep anything under the carpet.
We keep working until we solve the cases.
LAWYER
So you think you're a good police
officer ?
NOLAN
You're damn right I am.
LAWYER
And you never arrest the wrong man ?
NOLAN
If I arrest them, they're guilty.
Handy(the camera) springs to his feet.
HANDY
You lying bastard!!!
JUDGE
MR. HANDY SIT DOWN AND BE SILENT!!
This is a court of law, not a family fighting
arena. If you do not be silent and let your
council speak for you, I will find you in
contempt of court and have you removed.
that understood ?
HANDY
But he's lying!!
JUDGE
I don't care what he's doing. This is
his turn to speak. You'll get your turn
to say whatever you want. For now,
sit down and be silent.
Handy (the camera) sits down.
JUDGE
Call your next witness.
PROSECUTOR
Det. Thomas Betts.
CUT TO:
COURTROOM - DAY
ON Cagney and Lacey.
CAGNEY
I like this less and less.
LACEY
There's no way we would bring a case to
court with this evidence.
CUT TO:
COURTROOM - DAY
PROSECUTOR
Det. Betts, you are the partner of Det.
Nolan ?
BETTS
That's right.
PROSECUTOR
You took part in this investigation ?
BETTS
I did.
PROSECUTOR
How do you feel about this defendant ?
BETTS
He's guilty as sin. I'm sure of it.
PROSECUTOR
What part did you take in the investigation ?
BETTS
I checked out his supposed alibi.
PROSECUTOR
I take it you don't believe his alibi ?
BETTS
Of course not. His fellow workers are
Lying to protect their friend.
PROSECUTOR
What about his employer paying him for
the time he committed the crimes ?
BETTS
He's trying to keep a good employee.
It would cost him more to replace him
than to falsify the records and pay him
for time when he wasn't on the job at all.
PROSECUTOR
Do you have any proof that he did ?
BETTS
We didn't feel we needed to bother.
All employers do that.
PROSECUTOR
That's all Det. Betts
LAWYER
Well, well, well. So you checked out
his alibi.
BETTS
That's right.
LAWYER
So far, I haven't heard any evidence at
all that you actually did anything. Just
how did you go about doing anything,
if you did anything at all?
BETTS
I interviewed people.
LAWYER
I take it you didn't believe what they
told you.
BETTS
Of course not.
LAWYER
And why not ?
BETTS
All of them had their own reasons for
lying. Nobody would believe them.
LAWYER
Perhaps the jury will when I put them
on the stand.
BETTS
Not likely.
The lawyer sits down.
CUT TO:
COURTROOM - DAY
ON Cagney and Lacey.
CAGNEY
I've seem some bad police work from
time to time, but that's the worst
I've ever seen.
LACEY
I think this stinks.
CAGNEY
Something about this case sounds familiar
to me. But I still can't put my finger on it.
What do you think?
LACEY
Deja-vu. That's what they call it.
Like we've done this before.
CUT TO:
COURTROOM - DAY
The camera is the defendant.
JUDGE
Call your next witness.
PROSECUTOR
My other witnesses are not here yet,
so the people would like a 24 hour
continuance.
LAWYER
The defense concurs, your honor.
JUDGE
Very well. Continued until 9 A.M.
tomorrow morning.
FADE OUT
FADE IN
EXTERIOR-14TH PRECINCT PARKING BAY-ESTABLISHING - DAY
INTERIOR-SQUAD ROOM - DAY
ON Cagney and Lacey as they enter.
ISBECKI
The star witnesses have returned.
CAGNEY
You're full of it, Victor.
PETRIE
What did they want you to testify
about ?
LACEY
We still don't know. They continued
the case till tomorrow morning.
CAGNEY
We don't like anything about this case
anyhow. The prosecutor is putting on
evidence that should have been thrown
out, or at least objected to by the defense,
and the defense is letting it be admitted.
The defense is doing a terrible job of
defending the guy.
LACEY
I hate to say this, but it seems to me the Police
Officers lied right and left on the stand.
CAGNEY
All morning we sat there listening to the
testimony and we heard not one bit of
real evidence against the guy.
LACEY
I got the impression that the jury doesn't
know the law like we do and the guy is
likely to be convicted.
PETRIE
Who are the Officers?
CAGNEY
Nolan and Betts, from the 55th.
ISBECKI
Nolan and Betts. Nolan and Betts.
I seem to remember those names
from somewhere.
Samuels approaches as Isbecki goes
to his desk.
SAMUELS
I'm glad the case is over. Now you can
get to work on the paperwork on the guy
you brought in yesterday. We only have
72 hours to file charges or we have to let him go.
LACEY
I have the papers right here, sir.
I only have about half a page left to
type, and we have to go back to court.
SAMUELS
They continued it ?
CAGNEY
Yes, sir.
SAMUELS
Well, as long as you get those papers
on my desk so I can get the case filed
with the D.A.'s office.
Samuels retires to his office as Lacey puts a sheet of paper in her typewriter. She starts typing, then stops and reads from the paper filled out by Mr. Gianelli.
LACEY
Christine, listen to this. Mr. Gianelli said
the guy who held him up said, "Just give
me the money and I won't hurt you. know
ya got it in the safe. Just put it in here."
CAGNEY
That sounds familiar. Didn't the
guy in court say the same thing ?
LACEY
That's exactly what he said. And he said
the guy gave him a cloth bag.
CAGNEY
You don't suppose it could be a coincidence
that two robbers say the exact same things
to their victims and dress alike too.
LACEY
I think that's a little too much of a
coincidence.
CAGNEY
I think we better look into this a
little more.
Isbecki returns.
ISBECKI
I got it. Nolan and Betts are the ones
who almost got run out of the department.
They were trying to make their records
look good. They framed a couple of guys.
A BEAT
CAGNEY
I know damned well we better look
into this a lot more.
FADE OUT
FADE IN
END OF ACT TWO
ACT THREE
FADE IN
WILLIAMS BROS. LIQUOR STORE - DAY
ON Cagney and Lacey as they enter. A customer carrying a paper sack is going out. Hansen is behind the counter.
CAGNEY
Mr. Hansen, I'm Sgt. Cagney, and this
is Det. Lacey.
They show their badges.
HANSEN
What can I do for you ? Is it about that
guy who robbed me ? I swear it really
happened. I didn't take the money.
LACEY
I'm sure it did. We know you didn't
take the money.
CAGNEY
We were in court this morning when
you were testifying. We are interested in
your testimony because it seems to be
connected with another robbery we
are investigating.
HANSEN
I knew he didn't rob just me.
LACEY
We want you to tell us his exact words
when he robbed you. Think carefully.
We want his exact words.
HANSEN
He said, "Just give me the money and
I won't hurt you. I know ya got it in the safe."
CAGNEY
He gave you a cloth bag to put the money
in ?
HANSEN
That's right. He said, "Put it in here".
Cagney removes a cloth bag from her purse.
CAGNEY
Did it look like this ?
Hansen takes the bag and examines it,
HANSEN
See that mark ? This is the bag, no
doubt about it.
Lacey takes a ski mask from her purse.
LACEY
Does this look like the ski mask he
wore ?
HANSEN
It sure is. This is a homemade one with
this big V going from the eyes to the chin.
CAGNEY
We took these items from an armed robber
who was holding up a liquor store.
LACEY
Please be in court tomorrow morning,
Mr. Hansen.
HANSEN
O.K. I'll be there.
FADE OUT
FADE IN
THE JANE - DAY
ON Cagney and Lacey.
CAGNEY
We can't let an innocent man go to jail
when we know about it, and especially
when we have the perp in custody and
all the hard evidence is in our hands.
LACEY
I feel the same way about that poor guy,
but it could mean the end of the careers
of two of our fellow officers.
CAGNEY
Fellow officers. That means something in
most cases. I'm not so sure how I feel about
those two. Are they really so ambitious they
would frame innocent men just to get promoted ?
LACEY
I can understand wanting to be promoted,
but to sacrifice peoples lives to get personal
gain. It goes too far.
CAGNEY
Still, it could be dangerous for us in the
department if we burn fellow officers.
I already did that once.
LACEY
Sometimes it's hard to know what to
do. Burning fellow officers is bad enough
when it's within the Dept. This involves
citizens.
CAGNEY
I guess we'll have to get help. Let's
go ask Samuels.
FADE OUT
FADE IN
SAMUELS OFFICE-DAY
ON Samuels sitting behind his desk.
SAMUELS
Looks like I'll have to go to court with
you tomorrow. If those two really are
framing guys we have to put a stop to it.
I'll take any heat in the Dept.
CAGNEY
Maybe we should take our perp along.
SAMUELS
No. I'll have Petrie and Isbecki stand by
with him. If we need him they can bring him over.
LACEY
I hate this. I've got a sinking feeling
in my stomach.
SAMUELS
I have too. But it's something we have to do.
Go on. Get out a' here. I'll meet you in court
in the morning.
FADE OUT.
FADE IN
COURTROOM-DAY
ON Cagney and Lacey in the audience
with Samuels.
CUT TO:
COURTROOM - DAY
The camera is the defendant.
JUDGE
Call your next witness.
PROSECUTOR
Mr. Lloyd Zipke.
BAILIFF
Mr. Lloyd Zipke to the stand please.
COURTROOM-DAY
ON Cagney, Lacey, and Samuels.
CAGNEY
I guess this is the next victim.
LACEY
Could be a witness.
SAMUELS
You got the gun, bag, and mask in your
purses, I hope.
LACEY
I have the gun and mask, sir.
CAGNEY
I have the bag.
CUT TO:
COURTROOM - DAY
The camera is the defendant.
PROSECUTOR
Where do you work, Mr. Zipke ?
ZIPKE
Arnold's Liquors, 443k 3ard Avenue.
PROSECUTOR
Would you please tell us what happened
on last March 12th ?
ZIPKE looks at the defendant as he speaks.
ZIPKE
This guy comes in with a gun. He was
wearin' a ski mask with this big V on
it. He said, "Just gimmie the money an'
I won't hurt ya." He handed me a bag an'
said, "Put it in here." I put it in the
bag an' he left.
PROSECUTOR
You recognize the defendant as the man ?
ZIPKE
Yeah, that's him all right. He's got
the same build an' the same voice.
PROSECUTOR
Thank you, Mr. Zipke.
LAWYER
Mr. Zipke, you say this ski mask had
a big V on it ?
ZIPKE
That's right. It ran from just outside one
eye hole to the chin and then up to the
other eye hole.
LAWYER
I see. I don't remember anyone describing
the gun. Would you tell us about that ?
ZIPKE
It was blue steel. A .22 I think.
probably a Sat. night special.
LAWYER
Did he hold it in his right hand or his
left ?
ZIPKE
The gun was in his right hand and the
bag in his left.
LAWYER
Thank you Mr. Zipke.
JUDGE
Call the next witness.
PROSECUTOR
Mr. Rockne Hudson.
BAILIFF
Mr. Rockne Hudson.
CUT TO:
ON Cagney, Lacey, and Samuels.
CAGNEY
Rock Hudson ?
LACEY
Gotta be a different guy.
CUT TO:
COURTROOM - DAY
The camera is the defendant.
A burly man has come forward and been sworn.
PROSECUTOR
Mr. Hudson, do people call you Rock ?
HUDSON
No. They call me Rocky. My father liked
Knute Rocnke, and being catholic, he named
me after him. I guess he thought at the time
I might go to Notre Dame and be a football
player, but we never had the money for that.
PROSECUTOR
That's interesting Mr. Hudson. Now will
you please tell us where you work ?
HUDSON
I own Rocky's liquors, on West 52nd
street.
PROSECUTOR
Would you please tell us about the
robbery ?
HUDSON
Not much to tell. A guy comes in with a gun.
He's wearin' a ski mask and carryin' a bag.
He says "Gimmie the money and put it in here."
He had a kinda squeaky voice. I gave him
the money and he left.
PROSECUTOR
Thank you Mr. Hudson.
CUT TO;
ON Cagney and Lacey and Samuels.
SAMUELS
Sounds like they're all sayin' the same
thing.
CAGNEY
The same thing our perp said.
COURTROOM - DAY
The camera is the defendant.
LAWYER
Hello, Rocky.
HUDSON
Hello.
LAWYER
Do you see anyone in the courtroom
who resembles the man who robbed you ?
HUDSON
Sure. The guy sittin' right there.
Hudson points at the camera.
LAWYER
Why did you pick the defendant ?
HUDSON
He's the right size and build.
LAWYER
Do you believe he's the one.
HUDSON
Sure. The cops arrested him didn't they?
An' I seen him at the station. I heard him
speak an' it sounded about right too.
LAWYER
(nodding in agreement)
I see. Thank you Mr. Hudson.
CUT TO:
COURTROOM-DAY
CAGNEY
I've heard enough of this. Lets put an
end to it right now.
LACEY
I'm with you, partner.
SAMUELS
Lets go. Get out your badges.
They rise and make their way to the judge's bench.
CUT TO.
COURTROOM - DAY
The camera is the defendant. They show their badges.
SAMUELS
Your Honor, I'm Lt. Samuels, and this is
Det. Sgt. Cagney, and Det. Lacey, 14th
Precinct. We believe we have some evidence
in our possession that will shed a great
deal of light on this case.
JUDGE
Anything that will clarify things will
be a great deal of help.
SAMUELS
I'd like all the victims who have already
testified to come forward and line up
just inside the rail.
They come forward and line up while the prosecutor speaks.
PROSECUTOR
Wait a minute. If you have testimony to
give, take the stand and be sworn, like
any other witnesses. Anyway, you haven't
even been subpoenaed in this case.
CAGNEY
Det. Lacey and I have our subpoenas
right here.
They take them from their purses and show them.
LAWYER
Whatever you have in mind, I want to
hear it.
PROSECUTOR
Well, I object. This is entirely out
of order.
SAMUELS
Your Honor, We only want to ask a few
questions of the witnesses. We believe
we can save the court considerable time.
JUDGE
This case has been strange from the beginning.
Anything which can be done to clarify it
and speed it up will certainly be appreciated
by the court. Proceed Lt. Samuels.
SAMUELS
Let me have that gun.
Lacey hands him the gun and he holds
it up for all to see.
SAMUELS
Does this look like the gun used
by the robber ?
They all say it does.
SAMUELS
Give me the bag.
Cagney hands him the bag and he holds it up for all to see.
SAMUELS
Does this look like the bag he used?
They all agree it does.
SAMUELS
Give me the ski mask.
Lacey hands him the ski mask. He puts it on.
SAMUELS
Does this look like the mask he wore ?
They all agree it does.
SAMUELS
(takes off the mask)
Detectives Cagney and. Lacey arrested a
man with a squeaky voice robbing a liquor
store in the 14th precinct. He was wearing this
mask and carrying this gun and bag. We
have him in custody at the central lockup.
He is about the same size and build of
the defendant here today.
JUDGE
I have been watching this case with growing
consternation. The prosecutor has entered
much evidence without objection from the
defense. Evidence I would have disallowed
if objection had been raised. I believe
I understand now. The court dismisses all
charges against the defendant. I want to see
the council for the defense, the prosecutor,
you three officers, and officers Nolan
and Betts in chambers.
The judge leaves the bench and retires to his office.
FADE OUT
FADE IN
JUDGES CHAMBERS-DAY
The judge is sitting at his desk. The others are arrayed
before him.
JUDGE
About a year ago a man was sent to prison
from Judge Carter's court. He was later
found to be innocent. The officers involved
were Nolan and Betts. Now I find it happening
in my court. Fortunately, these three officers
proved him to be innocent. I want to know
what you two have to say for yourselves.
NOLAN
We thought we had the right man. I
guess we made a mistake.
JUDGE
You certainly did make a mistake.
I'm ordering the district attorney to
reinvestigate every case you two have
worked on since you joined the force.
If I find what I am afraid I will, I'll see
to it that you two are finished as police
officers. Now you two get out.
Nolan and Betts leave.
JUDGE
Mr. Prosecutor, I am also ordering a check
made to see how many men might have been
framed. And if I find you worked with them
to do it, I'll have your job as well.
PROSECUTOR
But your honor, all I can do is
prosecute the cases assigned to me.
JUDGE
Yes, and how did you get those cases assigned
to you ? I want to know that as well. Now get out.
The prosecutor leaves.
JUDGE
Now for you, councilor. I have rarely seen
such a peculiar defense. I can only conclude that
you had some plan in mind that you didn't get to
because the case ended before you could
present a defense.
LAWYER
I didn't know Officers Cagney and Lacey had
captured the guilty man. I asked around and
was told they would be brave enough to tell
the truth, even if it hurt a fellow officer. I wanted
them to listen to all the evidence and then I was
going to call them as expert witnesses to impeach
the work of Nolan and Betts. I felt the only chance
I had was to discredit them.
JUDGE
I see. It might have worked, at that. Now for you three.
The court owes you it's thanks for saving a
possible miscarriage of justice. There are two
kinds of officers that have no place on the force.
Those who commit crimes themselves, and those
who in their blind ambition frame innocent people.
SAMUELS
When they came to me, I advised them to
come here today. I even volunteered to
take any heat for them in the Dept.
CAGNEY
We felt we had to do it, but we were afraid
we might be putting our jobs on the line if we did.
JUDGE
If anyone tries to put any heat on you for what
you did here today, they'll have to deal with me.
I don't think they'll want to do that.
FADE OUT
ACT FOUR
FADE IN
SAMUELS OFFICE - DAY
Samuels is behind the desk and Cagney and Lacey in front.
ON Samuels.
SAMUELS
The powers that be have decided that you
two are the right ones to reinvestigate all
the cases of Nolan and Betts.
CAGNEY
ALL of them, sir ?
SAMUELS
All of them. That's what the Judge wants.
LACEY
How many years have they been on the
force, and how many cases ?
SAMUELS
Nolan, 9 years, Betts, 8. But they've
only been partners for 5.
CAGNEY
So we only have the 5 years to check
out ?
SAMUELS
I'd say so. They likely didn't do it at first
either, but you have to check em' all.
LACEY
Yes, sir. What is happening with Nolan
and Betts in the meantime, air ?
SAMUELS
They've been relieved of duty pending the
results of your work. Now get out of here
and either clear these guys or hang em'.
FADE OUT
FADE IN
EXTERIOR - 55TH PRECINCT - DAY - ESTABLISHING
INTERIOR - 55TH SQUAD ROOM
ON the door as Cagney and Lacey enter.
BARNES
Can I help you ladies ?
CAGNEY
I'm Det. Sgt. Cagney and this is
Det. Lacey. We're from the 14th.
LACEY
We've been assigned to reinvestigate all
the cases Nolan and Betts worked on.
BARNES
O.K. You can use their desks, right over there.
The records are in those file cabinets.
Barnes lowers his voice and edges closer.
BARNES
(continuous)
I don't want to talk about it now. Do your
best work and we'll talk about it later.
He moves away and Cagney and Lacey go to the desks he indicated.
CAGNEY
I guess we start with the file cabinet.
They put their purses on the desks and go to the file. They see the file is organized by years and find the one they need. Cagney opens the drawer and starts looking at the arrangement of the cases. They are done by dates, so she has to check the cases on a date by name of the Det.
CAGNEY
Here's one by them, and here's another.
She takes the two folders from the file and hands one to Lacey. They go to the desks, sit down, and open the files.
LACEY
Walter Pitkin. Arrested for burglary. Sentenced
to 15 years. He has to do 1/3 to be eligible for
parole. According to this he could have gotten
out yesterday if his parole was approved.
A man enters and looks around.
CAGNEY
Can we help you, sir ?
PITKIN
I'm looking for Nolan and Betts. I'm
Walter Pitkin.
LACEY
We were just discussing your case, Mr. Pitkin.
Would you please answer a few questions for us ?
PITKIN
Depends on what you want to know.
CAGNEY
Were you really guilty, Mr. Pitkin ?
PITKIN
Hell no! Those two framed me. I told
them I'd be back, and here I am.
LACEY
How did they do that.
PITKIN
They made phony evidence. They coerced
witnesses. And they threatened to kill me
and my attorney if I was found not guilty.
They may even have threatened some of
the jurors, I don't know.
CAGNEY
Mr. Pitkin, how can we prove that.
PITKIN
You mean you want to help me ?
LACEY
That's right. Nolan and Betts are on suspension
for trying to frame another man for armed robbery.
Do you know of any others still in the penitentiary
who might have been framed by those two ?
PITKIN
Sure. About twenty, I think.
CAGNEY
You can save us a lot of work if you
give us their names. And help yourself too.
PITKIN
Let's see. There's Tom Scott, Paul Canalli,
Bill Murphy, Eddie Guzinski, Mustafa
VOICE FADES AWAY AS FADE OUT
FADE IN
EXTERIOR-STATE PRISON-DAY-ESTABLISHING
EXTERIOR-DETECTIVES CAR-DAY
The car enters the parking area at the prison, Cagney driving. She parks and they get out and walk toward the main entrance.
CAGNEY
It sure feels good to get out of that
car and stretch.
LACEY
The City of New York in not famous for
providing the most comfortable cars for
the Police Department use.
CAGNEY
A fact. You can drive back.
They reach the door and go inside.
GUARD
What can I do for you ?
CAGNEY
I'm Det. Sgt. Cagney, and this is Det. Lacey,
14th precinct, NYPD. We have a list of
names we need to interview.
GUARD
Fill out this form, and check your weapons at
the arms room. Second door on the right. Then
cross the hall to the guard office. They'll take
care of you from then on.
Cagney starts writing on the form.
LACEY
We have reason to believe that every man we
want to see might well be innocent of the charge
they were convicted of. What do you think ?
How many men do you have here you believe
might be innocent ?
GUARD
Most people think all convicted people say they
are innocent. They don't. About 90% admit their
guilt. Of the other 10% I'd say I believe 5% are
really innocent.
Cagney looks up in surprise.
CAGNEY
That many ?
GUARD
That many.
LACEY
How many men do you have here ?
GUARD
10,396.
CAGNEY
That's over 500 you believe may be
innocent.
GUARD
That's right.
LACEY
Why so many ?
GUARD
I don't think you really want to know
the answer to that one.
CAGNEY
That's where you're wrong. That's
what we're here to investigate.
GUARD
They were framed, mostly by police Officers.
Cagney and Lacey look at each other, then back at the guard. They don't say any more, just head down the hall to the arms room.
FADE OUT
FADE IN
INTERIOR-PRISON DAY ROOM-DAY
Cagney, Lacey, several prisoners, and several guards there.
CAGNEY
We're investigating cases handled by Detectives
Nolan and Betts. We found them framing a
man for armed robbery.
LACEY
We knew the man was innocent because we
arrested the man who really did it a couple
of days earlier.
CAGNEY
Walter Pitkin gave us your names. We checked,
and all your cases were handled by Nolan and
Betts. We have been assigned to reinvestigate
all your cases to see how many of you may
have been framed by them.
LACEY
All of you who we can prove were framed will
be going home as soon as we can get you out of here.
PRISONERS
All right. OK. Right on. Etc.
CAGNEY
Each of you has a pad and pencil in front of you.
We want you to write down your name and
everything you know about your case. Leave
out nothing. something you think might mean
nothing might be the very thing we need to clear you.
They start writing.
FADE CUT
FADE IN
EXTERIOR - 55Th PRECINCT - DAY
THE SQUAD ROOM
ON Cagney and Lacey at the desks of Nolan and Betts. There is little going on and the squadroom is rather quiet. Stacks of arrest records and court records surround
Cagney and Lacey.
CAGNEY
I think we need a computer to cross-check
these cases.
LACEY
Cross-check 'em with what ?
CAGNEY
With cases solved by other officers. The guy
we arrested had a certain M.O. If we could find
other men who committed crimes with an M.O.
the same as one or more of these cases we could
prove one of the two is innocent.
LACEY
Trying to do that without a computer would
take forever. And we don't have a computer.
But we do have the next best thing.
CAGNEY
What's that ?
LACEY
We have the memories of about a thousand
detectives. All we have to do is prepare a
rundown of the M.O. used in each of these
cases, without any names, and send them to
the Detectives of all the precincts. We ask if
they remember solving any cases with the M.0.
described, when, and who did it.
CAGNEY
Let's do it.
FADE OUT
FADE IN
LACEY BEDROOM - NIGHT
Harvey and Mary Beth are in bed.
HARVEY
Something's bothering you, Mary Beth.
Nothing is wrong about my work, or here
at home, so it must be something at work.
MARY BETH
It's not your problem, Harv. I have
to deal with it by myself.
HARVEY
Tell me about it anyway.
MARY BETH
It's not your problem.
HARVEY
Mary Beth.
MARY BETH
I don't want to.
HARVEY
MARY BETH!!
A BEAT
MARY BETH
We found a couple of Detectives at another
precinct are trying to build a reputation for
themselves for solving cases. They're framing
guys when they can't solve cases.
HARVEY
That's terrible. How many did they
frame?
MARY BETH
Around fifty in the last five years. The guards
at the prison feel there may be ten times that
many innocent men in jail.
HARVEY
How could such a thing happen ??
MARY BETH
It starts with dishonest cops. It involves
dishonest judges, prosecutors, bad lawyers,
the whole system. Things just went wrong.
HARVEY
What are you gonna do about it ?
MARY BETH
We've been assigned to investigate it and
get as many as we can out of jail. We don't
have any choice in it. We have to do it.
HARVEY
Of course you do. There's nothing else to do.
MARY BETH
What worries me is what will happen to Christine
and me when we finish burning fellow officers.
HARVEY
It's something that has to be done, Mary Beth.
I'm sorry it fell to you two to do it, but that's the
breaks. If it hurts you in the department, I'll stand
you. If worst comes to worst, there are other jobs
you can do, you know.
MARY BETH
Yes, I know. But I don't want to do any other job.
And I always knew I could count on you. I just
can't help worrying.
FADE OUT
FADE IN
EXTERIOR - 14TH PRECINCT PARKING BAY-ESTABLISHING - DAY
INTERIOR - 14TH SQUAD ROOM - DAY
On Cagney and Lacey at their desks with Isbecki and Petrie standing by. Det. Barnes enters.
BARNES
Hi guys.
Chris turns and recognizes him.
CAGNEY
This is Det. Barnes, from the 55th. Barns,
this is Det. Isbecki, and Det. Petrie.
They shake hands.
BARNES
Glad to meet you.
LACEY
How are things at the 55th ?
BARNES
We're all glad to see Nolan and Betts get the
boot. They've been making us all look bad.
ISBECKI
How did your investigation turn out ?
LACEY
It took us three months to do it, but
we got 42 of 'em out.
PETRIE
42 innocent guys. The people we're
supposed to protect.
CAGNEY
The way the crooks outnumber us we can't
protect everybody all the time.
BARNES
Especially when some of the crooks are
cops.
FREEZE FRAME
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