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


Main index page for Cagney & Lacey fiction

My main index page