"With your index finger, I want you to touch your nose." "Do it with each side." "Get your hands out of your pockets." "Don't touch the wall." "One, two, three, four, five." "Five, four, three, two, one." "All right, very good." "Have a seat." "If it is your second DWI, your license will be suspended for up to a year." "I..." "I'm going to..." "I'm gonna go to the bathroom." "You gotta go to the bathroom?" "Yeah." "You gonna get sick?" "Nope." "All right." "Let's go, Kevin." "Shit." "Prisoner is loose in the building." "Good morning, everybody." "KTRX AM 440, Des Moines." "It is just before 6:00 a.m." "Skies are cloudy." "And Tom Thompson, a mechanic from Marshalltown..." "¶ We walked along the shadows ¶" "¶ Later in the afternoon ¶" "¶ We stood like strangers ¶" "¶ And the sunlight rushing through ¶" "Socrates is quoted as saying," ""Nothing is to be preferred before justice."" "It's what we seek when we're wronged, but like all philosophy, this is simply a hypothesis." "Monday started out like any other day:" "Wake up, kiss my wife Nancy, run three miles." "My mind was sharp, my body agile." "But since I passed the bar," "I just needed a couple of easy victories to keep me going, to keep truth on my side." "Good morning." "Hi." "Gracey." "Anybody get hurt today?" "Every day, boss." "You have three messages on your desk." "Only three?" "In the last year, I had come to believe that the only way to keep my head above water was to take cases where I had to set my own moral beliefs aside." "And here I am." "Three miles every day, trying to convince myself that it's all worth it." "Jury, have you reached a verdict?" "Yes, Your Honor, we have." "How do you find the defendant?" "Not liable, Your Honor." "Case dismissed." "Look, I'm sorry." "They're lying, can't you see that?" "I know, I know." "Can I give you some bus fare home?" "You've got to be kidding me." "His name's Otis." "Who's that, the owner?" "Yeah." "Otis." "Look at these." "Which one's real, which one's fake?" "Hmm." "Well, uh, they're both zircons." "Fuckin' worthless, man." "Come on, man." "Nobody can tell the difference." "It's like a Lincoln from a Cadillac." "Look, we go on the road with this shit, we're make us a fortune." "How do you know?" "Know what?" "The difference between a Lincoln and a Cadillac?" "My dad drives a Cadillac, and it ain't no fucking Lincoln." "All I'm saying is I want us to be partners, okay?" "I'll take care of you." "Don't worry about a thing." "Yeah, boy, you don't believe me?" "I don't trust you, Eric." "Who pays your bills?" "Me." "Who sits up with you all night long when you're depressed?" "Me." "And, you don't trust me?" "Kevin, come on?" "You patronize me." "You-you..." "You tell me all the things you think I want to hear, and then you use me." "I mean, you still haven't fuckin' paid me." "I sold two grand worth of shit for you, and I want my cut." "All right, take it." "You sell;" "Keep whatever you want." "They're fucking worthless, man!" "They're zircons." "I just said that!" "Come here." "Come on." "Hey, you used to be so different." "You were still a virgin when I met you." "Oh, fuck you, man." "Nobody's gonna see." "Come on." "I'll give you your money." "I will." "Put your fuckin' dick away, Eric." "Kevin, I'm sorry, man." "Look, it's only your third case." "You can get your ass handed to you in personal injury." "Wow, now I'm getting advice from my paralegal." "Yeah, with six years experience in the courtroom, as you know." "Besides, I only have to pass the bar." "Iowa bar is tough." "Yeah, how many times you take it?" "Once." "First to finish." "Liar." "Wow, that's not bad for a Philosophy major." "You never did tell me how you went from Socrates to the penal code." "It's not that much of a leap, really." "I mean, it goes back to the Romans." "Plato wrote whole volumes of law for the King of Syracuse in Greece." "Law is built on theory." "Sure, what's right and wrong." "Exactly." "All right, take, for example, today." "Our client completely refused a field sobriety test, he refused arrest, and he got smacked for it." "Now, do I agree with what the cops did?" "No." "It's that manipulation, that balance of power, that made me want to become a lawyer." "We're the great equalizers, Monica." "It's not my third case." "I know." "Right." "It's your fourth." "Look, honestly, you've got to play the jury more." "Right and wrong is something they decide in their gut." "You can't expect them to absorb all those facts." "They need a hook, you know, something to grasp." "The jury today bought that cop's story." "Especially juror number four." "Yeah, well, foreman's usually a dominant white male." "And, nobody wants to believe that cops hurt innocent people." "Nobody." "Not even me." "All right, no more police brutality cases." "They're impossible to win." "I'm serious." "You're the boss." "Yes, I am." "I got to go study for that brutal Iowa bar." "Yes, you do." "And when I pass, I expect a raise." "Counselor, we need to win a couple of cases first." "Don't think too much." "It's not good for you." "Thanks, appreciate that." "Nighty-night." "Nighty-night." "I got it." "I got your car." "Hey, look who's home late again!" "Hey, Daddy." "Hey, buddy." "Where's Bert?" "Bert and Clark had a little fight." "Any blood shed?" "Bert was mean to me." "Bert's in his room." "Hmm." "Whoa, whoa, whoa, you gotta give his mommy a kiss first." "Honey, what's wrong?" "What do you think?" "You lost?" "I'll go talk to Bert." "Okay." "Whoosh." "Tough day, partner?" "What happened?" "Well, we were playing cars, and I wanted to race them to see who was the fastest." "And I started to race them, and Clark tried to stop me, and I hit him." "Oh, well, you're his big brother, Bert." "You gotta protect him, 'cause that's what big brothers do." "Okay, bud?" "Okay." "I love you." "Love you, too." "All right, so I am gonna send Mommy in, and she'll bring some milk, but I don't want any more fighting." "Okay?" "Okay." "Promise?" "Yes." "Okay." "Good night, bud." "Good night." "The contestants came from all over the country, driving all sort of cars..." "You talk to him?" "Stu, did you talk to him?" "He's okay." "He's a good boy." "Maybe Bert and Clark shouldn't share a room." "Why not?" "They fight constantly." "Yeah, well, they have to learn how to get along;" "How to make compromises." "Can you take Bert to soccer practice on Friday?" "I just..." "I just thought this was open and shut case." "I mean, now the guy has got no job, no income," "no car." "Hey sweetie, can't you wait until dinner, huh?" "And go put on a shirt before you sit down at the table, okay, hun?" "Yes, ma'am." "Stop it." "Get out of here." "You're going out tonight, aren't you?" "Oh, come on." "You're hardly ever home anymore." "I'm 21 years old, guys." "Don't worry." "It's my job to worry." "It's in the Mom handbook." "I'm driving up to Marshalltown." "Really?" "To see who?" "Nobody." "¶ He's got a girlfriend in Marshalltown ¶" "No." "I mean, you know, there are girls there, just none of them happen to be my girlfriend." "What do you think, Dad?" "You think the girls are prettier here, or in Marshalltown?" "I think the prettiest girl in the world is sitting right at this table." "Right now." "Oh, you." "Hey, you really wanna drive an hour all the up to Marshalltown?" "It's an hour." "It's fine." "This guy Eric lives up there." "I know him." "He owes me some money." "Then some people are meeting up at a bar." "Okay?" "What?" "Okay, I'll have three beers." "Four if they're lights." "I mean, you guys really think I want another DWI?" "I should hope not." "Well, just..." "Call..." "Just call, you hear?" "I know." "Sure, Mom." "Hey, what about me?" "What about you?" "I have to hold back." "I just wanna bite him." "Not here, leave a message." "Eric, pick up!" "You know what?" "You know what, man?" "I mean, I'd call you a loser and a liar, but I think you know what a piece of shit you are." "I mean, you-you..." "You can't even pay me what you owe me." "You know, what kind of fuckin' man does that make you?" "So you know what...?" "By the way," "I'm at the bar here by myself, you fuckin' asshole." "Excuse me." "Sorry." "Why are you so sad?" "I'm not sad." "I'm Cara, with a "C"." "I'm Kevin, with a "K"." "You want to play some pool?" "No, I'm no good at pool." "Plus, if I lost, I'd feel really stupid." "Well, what if I let you win?" "You got a girlfriend?" "You know, that's the second time someone's asked me that question today." "No, no, I don't." "Do you have a girlfriend?" "No." "I don't have a boyfriend either." "I-I need to..." "I need to go." "Oh, wait." "Wait, um." "Here." "Promise you'll call?" "Yeah, I promise." "Okay." "¶ All right ¶" "¶ And it's believin' ¶" "¶ Don't be shy ¶" "¶ You know me ¶" "¶ I'm on your side ¶" "¶ Public deceiver ¶" "¶ Take a hike ¶" "¶ We don't want you or your lies ¶" "Shit." "Oh, shit." "Thomas, honey, get the phone." "Hello?" "Yes, this is he." "Who is it?" "Which hospital?" "Thomas?" "What?" "I don't understand." "What press release?" "Well, what can you tell me?" "Kevin!" "Kevin!" "Beverly?" "Thomas, he's not here." "Anybody get hurt today, Grace?" "You have an appointment with the Thackers." "I'm sorry, who?" "Thomas and Beverly Thacker at 10:30." "Thackers." "Thank you." "Thomas and Beverly." "Hello." "Hi, Beverly." "Oh, you're so young." "Oh." "Thomas." "Mr. Pepper." "Hi, there." "Please, have a seat." "Call me Stu." "Thanks, Grace." "So how can I help you?" "Well, you're a civil lawyer, right?" "You defended that fella who allegedly was hit by a police officer?" "Yes, I work in personal injury." "But you lost the case?" "Thomas." "No, to be honest, yes, I did." "It's not something I am proud of." "Well, um, our son was arrested a few months ago for drunk driving by the Marshalltown police." "How old is he?" "He was 21." "And they took him to Marshalltown Police Department, and they were booking him, and supposedly he tried to escape custody." "How drunk was he?" "Very." "Point two blood-alcohol." "Yes." "They say that he ran up the stairs, and up to the roof of that building, and then jumped from that building to the building next to it," "12 feet across and then fell 20 feet." "Excuse me, I am sorry." "Drunk, he did all this?" "That's what they say, yes." "That night they flew him..." "They airlifted him to a Des Moines hospital." "The police report said that it was just a hair-line fracture on the side of his head." "Um, Kevin has sustained a rather severe injury to his brain, due to his skull fracture." "But it's still just one injury." "That's good, right?" "Kevin's in a coma, and his chances of survival are very low." "Survival?" "Well, you said he just had a hairline fracture." "In my opinion, his injuries are not consistent with the police report." "I'm very sorry." "My wife had to make a decision that no mother should have to make." "Eventually, we had to take him off life support." "Now, my father was a Des Moines police officer, and we have a lot of respect for the badge." "But with those doctor reports and that hospital report." "We can't help but feel that the Marshalltown Police killed our son." "Why do you think the Thackers chose you?" "Maybe there isn't much of a case." "The kid was drunk;" "He made some bad decisions." "You think you were their last resource?" "Maybe." "It's not like I got a good track record fighting the cops." "You might surprise yourself this time." "Wait a minute." "You think I should take this case?" "I mean, it could be an opportunity for you to learn from your mistakes." "Monica, I make a lot of them." "There won't be concessions on either side." "The defense works for the police;" "Insurance company pays for it." "So, what?" "What are you getting at?" "They never lose." "I've known you for two years now, and I've never seen you scared." "Whatever happened to the worker's comp stuff?" "Bad backs, Spinal cord injuries, broken legs." "That stuff is easier." "Then don't do it." "Probably not worth it." "I'm gonna bribe you." "What do you really think?" "I think, you either go balls out, or you scrap it." "But I think you need to make a decision right now!" "Is this about you, or about the kid that was killed?" "I want my penny back." "Honey, I'm trying to work." "What?" "Look, this kid was killed at the Marshalltown Police Department." "They found his body in the alley." "So you think a cop did it?" "I don't know." "I mean, they said he..." "They said he tried to escape." "So you would be prosecuting the whole police department?" "The worse thing in the world would be to lose a child, Nancy." "Honey, I don't want to be negative here, but what if you do all this work, you go to trial, and you lose?" "Well, then we will pack up, sell one of the cars." "We will re-evaluate." "We will, I don't know, we'll get a two-bedroom apartment like we had after we got married." "Only this time we have two children to support." "All right, Nancy." "I won't take the case, then." "Okay?" "I'll look for something more manageable." "Okay." "Thank you." "I apologize about Beverly." "She just went shopping." "She's got the clothes bug the last couple days." "I mean, she can spot a sale like a hawk." "Mr. Thacker, I wanted to talk to you 'cause I'm a little concerned." "This is the only house that Kevin has ever lived in, you know." "A lot of people out there today, there's just divorces, all kinds of things going on with kids and families." "We worked hard to keep this together." "You religious?" "Well, um," "I believe in the truth, wherever that leads you." "Socrates is my hero." "Socrates?" "Yeah." "You married?" "Yeah." "Kids?" "Two boys." "Four and six." "A real handful, let me tell you." "Yeah, Kevin was our youngest." "The rest are all married and have kids of their own." "He, uh, he was a surprise." "We didn't expect him." "He used to call me old, so I made him do all the yard work." "What line of work are you in?" "Hmm?" "What line of work are you in?" "Oh, I'm retired early." "I used to do maintenance at Sears  Roebuck." "And some ancillary work at the Des Moines Police Department." "And now I just soak up my retirement fund." "That's a good place to be." "Not really." "I went down there, the Marshalltown Police Department, and I took a look for myself." "There's no way any human being could have made that jump." "Kevin could barely stand on one leg without falling down." "Have you seen his arresting officer?" "Dodge?" "How big he is?" "Sometimes, people just snap." "It must've been a struggle." "He got scared." "You're damn right he was scared." "I was talking about the cop." "I don't care how you wanna slice the pie." "Kevin's dead." "And that guy is still out there, walking around." "I want to show you Kevin's room." "Come here." "¶" "The day he died, Beverly washed all his clothes, and folded them, and put them back in his dresser." "The Cubs was his favorite team." "Ryan Sandberg's a hell of a second baseman isn't he?" "We'll see how they do next year." "Yeah, we sure will." "I loved Wrigley Field." "I was there for the first time in 1938." "I think they won the pennant that year." "That was before your time." "I want you and another car to head downtown." "We got a real back-up on Main Street." "Just push all the traffic west on Elm." "All right?" "West on Elm." "You want me to go downtown, Chief?" "John, I think you're a good cop, but I got this thing on my plate." "Seems we're being sued by the Kevin Thacker estate." "Seems like some people got the wrong idea about what happened that night." "He should've ran the other way." "You know, he told me he was gonna end it." "End what?" "When I was booking him, he said "I might was well end it now."" "And that's in the report?" "No." "Ron, your stories match, right?" "We did everything that we could." "Followed procedure." "Prisoner escaped;" "Officer Dodge sounded the alarm." "We had no idea where the kid was." "Yeah, I even drove the ambulance." "You know, next time, you just stay at the station." "He was dying." "The guys needed to be with him." "I figure I should drive." "All right." "The lawyer's coming tomorrow morning." "As long as they treat us with respect, there's gonna be no problem." "We were trying to save the kid's life." "Well, yeah, the FBI is gonna be involved, so just making sure that your bases are all covered." "Fine, they'll understand how thorough I was." "I took the pictures;" "I gathered the evidence." "Well, if you're good, I'm good." "Yeah, well, to be honest with you, I thought this was done." "Right, okay." "Ron?" "Yeah, give me a minute." "I want you to put your arms out like this," "I want you to put your head back, and with your index finger, I want you to touch your nose." "Do it with each side." "Now get your hands out of your pockets." "If it is your second DWI, your license will be suspended for up to a year." "I'm, I-I'm gonna..." "I'm gonna go to the bathroom." "You gotta go to the bathroom?" "Yeah." "You gonna get sick?" "Nope." "All right." "So I guess you took the case?" "Yeah." "Even after all we talked about?" "I had to." "On the tape, Kevin asks to use the bathroom at 1:15 a.m." "He's in the bathroom for about two minutes." "How do you know that?" "Well, because Dodge thinks Kevin is coming back into the interrogation room, so he turns the camera back on." "Now Kevin doesn't come back, so Dodge starts to panic, he goes to search for Kevin, and the tape is left on for an additional minute and 15 seconds, then it's turned back off again." "So it sounds like we have a missing minute and 15 seconds." "Right, but Dodge claimed he found Kevin unconscious at 1:24 a.m., that gives us a missing eight minutes." "That's enough time to stage a fall;" "Do a cover-up." "That's also enough time to climb the roof and make the jump." "Well, we're about to see how possible that really is, aren't we?" "I'm the angel on your shoulder." "You're an angel, huh?" "I have big fuckin' angel wings." "I could have made that jump." "I still got his blood on my uniform." "Didn't wash out." "So much blood came out of his head." "Hey, you're acting like you've never seen blood before." "Now listen, in the future, you follow the prisoner;" "The prisoner doesn't follow you." "You're right." "It was a mistake." "Then why are you looking so fucking scared?" "I don't look fucking scared." "I think you got on a lot of faces, but never the right one." "You're a cop;" "Look like a cop." "Captain." "Mr. Pepper." "I'm Chief Wilson." "Stu." "This is Greg Potter, he's our city attorney." "Greg." "Stu Pepper." "This is Monica Wright, an associate of mine." "Pleasure, ma'am." "How can we help you folks?" "Just wanted to take a look at that roof;" "Maybe take some pictures." "Hope you didn't think you were going to take any depositions today." "No." "No." "Just wanted to know the right questions to ask." "According to their version, the two officers searched the basement, then the upper floors, but they never came up here." "So he walked across here, no running start, and jumped over to the other building?" "That's a really long jump." "That's very, very far." "But he does however drop the cigarette and lighter over there." "Why didn't they just say that he fell?" "I mean, I don't get it." "Injuries aside, we have to prove that Kevin was never on that other building." "Where are you going?" "Hmm?" "I was just getting started." "Oh, you." "Our greatest hope for the future are the minds and hearts of our people, especially our children." "We can help them build tomorrow by strengthening our community of shared values." "Values that help bring us together as one people, from the youngest child to the most senior citizen." "For us, faith, work, family, neighborhood, freedom..." "Oh, there he is." "Mr. Pepper." "Congratulations on your appointment." "I appreciate that, I appreciate that." "Come on back." "Yeah, it is finally our turn again." "We're excited." "Did you see Reagan's State of the Union address the other night?" ""America, in the crimson light of a rising sun, fresh from the burning, creative hand of God."" "I guess we watched the same show." "I helped write it." "Well, you're aware of my suit against the Marshalltown PD?" "I sure am, my friend." "I wanted to give you a heads up on that." "I'm filing 15 counts, and when I get the Thackers their judgment," "I would hope that your department would want to follow through on the prosecution of the men responsible." "I'll do what's best for my department." "You do plan on investigating the case?" "We'll take a look at the case;" "We will proceed from there." "Do the family a favor, have out of town agents do the investigation." "Don't want to risk a connection with the local cops and conflict of interests." "Sounds like you've been bitten in the ass before, huh?" "Yeah, that's why I wanted to come talk to you." "You're the assistant to the Attorney General, and this is going to be a high-profile case." "You know, maybe they'll put you on TV, huh?" "Be good for your practice, right?" "Sure would." "Let me know when you assign an agent to the case." "Well, Mr. Pepper, are you asking me or are you telling me?" "Whichever answer keeps this conversation going." "Well, I think you're asking, so it's noted." "Good luck with your case, huh?" "The only good is knowledge and the only evil is ignorance." "I wanted to understand Kevin Thacker, talk to him, but the light ahead was beginning to fade." "My own life out of balance, looking for a truth while everyone else turned a deaf ear and a blind eye." "Just trying to keep my head above water was proving more and more difficult." "All right, gentlemen, listen up." "Any of you guys think you can jump from the end of the starting block to that rope" "without a running start?" "Sure." "I took track and field in high school." "Yeah?" "What do I get if I make it?" "You get the Dean's list, O'Brien." "You're up, let's go." "And don't laugh, all of you gonna get your shot." "Don't mess up!" "Don't mess up!" "Yeah, let's see if you can do it." "Zach." "You guys, come on." "So how do you think they'd do with a belly full of beer and a Police Officer on their tail?" "No way." "Marshalltown PD's whole defense hinges on this jump, Monica." "Put the swim coach on the stand." "The field test obviously speaks for itself." "The state medical examiner said Kevin's body had no other injuries besides the trauma to the brain." "And not even a low board diver can make that jump." "Much less Kevin Thacker." "Right, but Kevin obviously did because of the menthol cigarette." "That was planted." "Exactly." "Okay..." "Okay, so what do we have, then?" "Well, that gives us the power to convince a jury that:" "A," "Kevin could never have made that jump;" "And B, his injuries don't reflect a fall of 24 feet." "He was killed by blunt force." "Kevin was drunk." "One officer found the body." "And they were in the perfect position for a cover-up." "Yes." "Monica, yes." "All right, let's go through this again." "What do we have?" "Oh, we got a lot." "Somehow, Kevin's body ends up parallel to the building." "In order to stage the fall." "Dodge had to have moved the body, because of the bruises under the arm pits." "Hey, Nance!" "Bert?" "Clark?" "Hey." "Where are the kids?" "They're at my mother's." "You took them all the way to your mother's?" "God, I was in a good mood," "I wanted to share that with my family, and I get an empty house." "I wanted to spend some time with you alone." "You haven't exactly been available." "Clark has a birthday coming up, or did you forget?" "I bust my ass, trying to make a living for you, trying to do what's right." "That's a lawyer, Stu, not a husband." "You know, some people might disagree with you." "What do I get?" "I get an empty fucking house!" "What the hell are you doing?" "Dammit." "I am trying to get this thing open." "Jesus Christ." "Fuck." "Nancy, I'm sorry." "Why did you arrest Kevin Thacker?" "He was swerving on the road." "I witnessed him almost hit a parked vehicle." "He was pretty drunk, so it was a good arrest." "What does a "good arrest" mean?" "It means that you follow protocol." "So, how did he act when you took him into the station?" "He was nervous." "Most are at that age." "No screaming?" "No crying?" "None at all." "If everything followed protocol, how did it result in his death?" "That's a good question." "Because you must have dealt with criminals much worse than Kevin." "Sure, I have." "Oh, and by the way, there was a warrant out for his arrest when I ran his license." "For what?" "He didn't make a court date two weeks prior to the incident." "It was a speeding violation." "And I treated him like any other offender." "But you were the last person to see him alive." "The only mistake I made was to give him more credit that he deserved." "He was no criminal." "I really thought he was going to walk back into the room, but he didn't." "I found him unconscious seven minutes later." "How am I supposed to be held liable for that?" "When dispatch called you, you didn't pick up your radio." "Is that correct." "How do you know that?" "Oh, I've got the logs." "Well, there was too much interference in the building." "Interference." "Yeah, too much interference in the building." "So, did you interview all the relevant witnesses and people involved?" "Yes, I did." "So, it was your claim that Kevin walked to the end of that beam and jumped from one rooftop to the next?" "That distance;" "That drunk." "People do stupid things." "Look, the long and short of it is" "I did a thorough investigation, and everyone behaved professionally and promptly." "From the behavior of your department," "I find that hard to believe." "We have already acknowledged that certain procedural mistakes were made." "Yeah, and if this is about questioning my skills as a detective, quite frankly, you have no idea what that entails." "What do you have to gain from this case?" "What do you have to gain?" "Why don't you let me ask the questions." "Besides money?" "Reputation." "Justice." "Look, just because you keep a clean image, Mr. Pebble, it doesn't mean you're above the law." "You're putting on an act, sir, and I think you enjoy it." "Counselor." "Do you know anything about this kid." "Did you speak to his boyfriend?" "I'm sorry?" "Eric Jones." "I did." "Kevin went to visit him that night." "It was a closeted relationship." "They weren't like flaming fags or anything." "But he was quite a character." "Now, Eric told me that Kevin was depressed, and had a drinking problem." "And Officer Dodge said that the kid said he wanted to end it during the DUI processing." "So when you're in that state of mind, anything can happen." "Hey." "All right, do me a favor, find out where Eric Jones lives." "Yeah." "Who's our judge?" "Hallow, he used to be City Attorney." "Hello?" "Hello?" "Eric?" "I'm the lawyer in the Thacker case." "Did you know Kevin Thacker?" "You know, I'm having a party with myself right now, and you two, you're just..." "You're not invited, okay?" "Hey, hey, listen, we can do this two ways." "You can talk to me now, or I can have you officially deposed;" "We'll do it at the police station." "I already talked to the cops." "Marshalltown cops?" "No, Columbo." "Eric, just a couple of minutes?" "Please." "All right, fine." "Back here." "So all they told me is that he was arrested drunk and fell off the roof." "I mean, I didn't push him or nothing, I swear to God." "Yeah, but he came to Marshalltown to see you, right?" "I mean, that's why he was here." "He came here first." "How do you know that?" "Well, 'cause I talked to the same cop as you," "Columbo." "I owed him some money." "He was kind of an impatient little guy, you know." "I want my fucking money, Eric!" "Kevin, God rest his soul and all, he's what you'd call unpredictable." "How's that?" "You never knew what he was gonna do." "Like try to escape from the police?" "Yeah." "That sounds a lot like him." "I suppose if you were asked that same question in a deposition or in a court, you'd have the same answer." "Might be worse, actually." "Are you hiding something Eric?" "I'm not hiding anything, okay?" "I mean, I tried to take care of him, you know?" "He would come over here, he'd spend the night, the kid would flip out all night long, crying and shit." "I think he was very scared about who he really was." "He must have been terrified sitting in that interrogation room, I'll tell you that." "When he died," "I couldn't go to the funeral." "I didn't want to see his parents." "You know, Kevin, he wouldn't have wanted me there anyways, you know." "So, that's all I am going to say." "You want any more, you gotta expose me." "Depose you." "Shall we?" "Yeah." "He had a gold leaf on them." "I know." "Come!" "Judge Hallow?" "Yes?" "Stu Pepper, Your Honor." "The lawyer in the Thacker case." "Oh." "Greg." "You're here on Officer Dodge's motion for summary judgment." "I am." "Fifteen counts, Mr. Pepper." "Very ambitious." "It is." "Your Honor, I move for dismissal of all counts." "I'm throwing out 14 of the counts." "Why?" "Insufficient evidence." "It's all circumstantial." "Didn't you learn that in law school?" "You're throwing out 14 out of 15 counts?" "Okay." "What count are you keeping?" ""Excessive force." Barely." "Your Honor, can I be frank?" "If you must." "You used to be city attorney, correct?" "You used to be him:" "Defending these guys." "Is there any chance this could be a conflict of interest?" "Are you hinting I may not be fair and impartial, Mr. Pepper?" "You've got a case to prepare, and people to answer to." "Exactly how smart is it to piss off the judge before the trial?" "I'm not trying to piss you off." "And I'll take your one count of excessive force, because that's all I need to win the case." "Thank you, gentlemen." "I will see you both in court." "But don't worry about it getting dirty." "I have to take things to the cleaners every once in awhile." "I like your scarf too." "Why aren't you sleeping?" "I don't know." "Nance, um, I'm not sure what to do." "I got an FBI director that could care less, got a judge that throws out 95% of my counts." "Same judge who used to make his living defending cops." "Baby, I'm so sorry." "I just want you to be careful." "Think about what it means to prosecute cop after cop." "Stu, these people can make our lives miserable." "Yeah, but they're already making peoples' lives miserable." "Somebody's gotta take a stand." "You don't have to do it tonight." "Come on, let's go to bed." "All right, break it up." "Break it up, I said." "An honest man is always a child." "But it's even simpler." "What has been lost and what has been gained?" "I was close to the Thackers, seeing my own image in their loss." "I never knew if I was their last stop on a long list that I just happened to be at the bottom of." "I was learning that the self-doubt, the anxiety, sleepless nights, time away from my own family was to be expected if I was going to succeed." "I had become close to a young man who I have never had the opportunity to meet." "His justice rests on my shoulders." "I can't raise the dead, but I have to speak for them." "Jury members, you are being asked to decide whether excessive force was used during the arrest of Kevin Thacker." "The city attorneys will attempt to prove that Mr. Thacker escaped custody during his booking, and died accidentally during this getaway." "The attorneys for the Thackers will attempt to prove that the head trauma he incurred could not have happened the way it was reported." "It is your charge to determine what you believe the truth is." "Mr. Pepper, please call your first witness." "Your Honor, I would like to call Officer John Dodge." "Officer Dodge, let me start out by asking a very simple question." "Go ahead." "Do you normally brush your teeth before you go to work in the morning?" "Yes." "And have you ever killed anyone?" "Yes, I have." "I was in the 25th Infantry division at Cu Chi and Dau Tieng, Vietnam." "And in what manner did you perform these killings in Vietnam?" "With my rifle." "Sometimes my bayonet." "All in self-defense." "Just to be clear for the Jury." "Self-defense?" "I learned to make quick decisions in delicate situations." "I guess that's why I became a cop." "Quick decisions in delicate situations." "Hmm." "What's your height and weight?" "6'1", 210 pounds." "And Kevin Thacker was 5'7", 133 pounds." "That's quite a difference, isn't it?" "Well, I'm bigger than most people, so it's no surprise to me." "On the night of October 29th, 1983, did a struggle occur in the alleyway behind the Marshalltown Police Department, between yourself and Kevin Thacker?" "No, it did not." "And during that struggle, being a man of your size and experience, you struck Kevin on the left side of the head killing him." "Is that correct?" "No, I did not." "I was simply trying to find an escaped prisoner." "Prisoner is loose in the building." "Shit." "Shit." "Call an ambulance." "From the time that Kevin asked to use the bathroom, to the time that you found him unconscious, that was approximately seven minutes, correct?" "Yes, that's right." "He was in the bathroom for just under two minutes, and we were walking out." "I went to turn the video camera back on, and then I realized that he had fled." "After a search," "I came back a minute later to turn the camera off, and with the assistance of other officers, did another search." "Well, why bother to come all the way back to turn the video camera off?" "There was nobody was in the room." "It was an instinct." "And we all have certain instincts that force us to do certain things, correct?" "Kevin Thacker would still be alive today if he would have just allowed me to do my job." "Kevin had to allow you to do your job?" "I don't think it's that simple, Officer Dodge." "No further questions, Your Honor." "Professor Daily, can you tell the court what a standing broad jump is?" "A standing broad jump is an event in which the competitor stands at a line, and from a standing posture, they jump as far as they can." "And what's the world's record for such a jump?" "The longest jump is 12 feet, one inch." "And do you think anyone, even a trained athlete, could make such a jump?" "No." "Have you done any tests to verify this?" "Yes, I did." "Several of my swimmers jumped from a platform similar to the one Kevin Thacker allegedly leaped from." "Right." "What were the results?" "None of them were able to complete the 12 feet." "Not even close." "Well, so in light of your test, if those athlete's lives depended on jumping those 12 feet, how many would still be alive today?" "None of them." "I mean, unless they had wings, you know." "Thank you." "I'm a medical doctor, specializing in forensic pathology." "I've taught the subject for the past 12 years at the Wisconsin State Medical School, and was a coroner for over 20 years." "No, Kevin Thacker's autopsy was done by the county coroner." "Mr. Thacker died from a contrecoup injury to the brain." "The two types of injuries are a coup and contrecoup." "Since the brain floats in the fluid of the skull, and is subject to movement, in a coup injury, the skull would hit an object, such as a fall, and the brain hits the side of the skull" "where the impact occurred." "In Kevin's injury, an object hit the skull, not the reverse, producing a contrecoup injury." "This forces the brain to the other side of the skull." "In his case:" "Blunt object hitting the left temporal bone causing bleeding in the right temporal lobe." "Doctor, did the autopsy report reveal any other injuries to Kevin, at all?" "There was bruises underneath his armpits, but other than that, no." "The defense claims that Kevin died from a fall of 24 feet onto an asphalt surface." "Well, bluntly put, that would defy both medical and biological science." "It's outrageous, really." "He would have multiple bruising where the impact occurred, other bone fractures, damages to his organs, which Mr. Thacker did not have." "Thank you, Doctor." "Dr. Booker, how long have you been a state medical examiner and what does that job entail?" "Well, I specialize in comprehensive medical examinations, primarily postmortem." "And for five years, I've worked as an expert witness for the police department." "And in your expert opinion, from what height can a person hit the ground without sustaining injury?" "A body can fall from as high as six stories without sustaining injury." "Six stories." "Thank you." "No further questions, Your Honor." "Cross examine, Mr. Pepper." "Um, let me get this straight." "Now, you just testified that a body can fall six stories without sustaining an injury." "Is that correct?" "Yes, yes." "If there's an equal, instantaneous transference between the body and the ground." "Right." "Well, now what is that?" "Can you demonstrate that for us right now?" "Let's just say, three feet." "And you choose which side you land on." "No." "Why?" "Are you afraid of getting hurt?" "Okay, lets say two feet." "One foot?" "Objection." "Your Honor, if Mr. Pepper wants someone to fall, let him demonstrate it himself." "Sustained." "Mr. Pepper." "Can you tell me what this is?" "That's a physics equation." "Force equals mass times acceleration." "Now, based on this equation, can you tell me at what force." "Kevin's body hit the ground with?" "No." "No, I can't." "Why not?" "Look, I'm a medical examiner, okay?" "I'm not good at math." "No further questions, Your Honor." "The court room is one of the most unpredictable places on earth." "You never know exactly what you're up against." "You just hope you can inspire that jury." "I've known Officer Dodge for six years;" "Detective Pebble for ten." "How would you describe Officer Dodge?" "Well, he's a big young man, but he's certainly not a bully." "He's just an officer that comes to work every day, and goes about his business quietly." "And Detective Pebble?" "Oh, Detective Pebble is simply the best cop I've ever worked with." "Chief Wilson, have you ever known Officer Dodge to have a problem with his temper?" "The young man had some difficulties in Vietnam, but since I've known him, he's made hundreds of arrests without incident, all of them good." "Chief, would you please tell this court your opinion on the theory that Kevin Thacker's death was a cover-up." "No, no." "Not in my department." "Simply there wasn't enough time." "I mean, you take this arbitrary video tape of the ordeal, one to seven minutes." "There's not enough time in there to concoct a cover-up." "Thank you, Chief Wilson." "No further questions at this time, Your Honor." "Mr. Pepper?" "Well, actually, the time frame is quite clear." "Dodge sounded the alarm at 1:17 a.m., that's from your station logs, and Dodge discovered the body at 1:24 a.m." "That's seven minutes." "Should we allow the court to have seven minutes of silence right now, just to understand how long that actually is?" "That's not even 30 seconds, Chief." "Do you really think that this couldn't have occurred?" "Not on my watch;" "Not in my department." "Detective Pebble, how long have you known Officer John Dodge?" "Ten years." "And just to be clear for the court, it was you who investigated the death of Kevin Thacker?" "Yes, I did." "Did you investigate whether John Dodge committed a crime on the night of October 29th, 1983?" "No." "Well, why not?" "No crime was committed, except by Kevin Thacker." "You never, not even for a moment, considered the culpability of Officer Dodge?" "There's no evidence to support that." "Where were you during the booking?" "Somebody was getting beat up across the street," "I was on a radio call for that." "But, I returned shortly after the ambulance was called." "And, where was Officer Dodge?" "He was with the victim." "Who notified Kevin's parents?" "The Des Moines PD." "Why didn't you do the notification?" "Because I was busy collecting evidence and statements with respect to Mr. Thacker's unfortunate fall." "Really?" "Well, what did that consist of?" "Talking to the parties involved;" "Interviewing them." "That's when I found out about Kevin's mental state during the arrest." "Turns out the boy was broken-hearted." "How could you possibly be aware of Kevin's mental state?" "Because I interviewed his boyfriend." "His boyfriend said he had showed up at Marshalltown..." "Detective, Kevin's sexual orientation is not on trial here, your colleague John Dodge is." "Look, I'm not going to allow you to dance around this any longer." "I want you to tell the court, beat by beat, moment by moment, what happened?" "Prisoner is loose in the building." "So he did all this, while intoxicated, leaping like a world-class athlete, dropping the cigarette and lighter, and falling 24 feet, only sustaining one injury." "Yes, it appears that way, yes." "After Kevin was taken to the hospital, why did have his clothes ordered back to the station?" "To be used as evidence." "I already told you that." "And to allow you to fabricate your version of the events." "You had time to plant the cigarette, and create the evidence, because it didn't matter, detective." "Kevin Thacker was never on that roof." "No further questions, Your Honor." "Thank you for being here, Mrs. Thacker." "I don't think anyone in this room would argue that this is a very tough thing for you to do." "It hasn't been easy." "Will you please tell the court a little bit about Kevin?" "What he was like." "Sure." "Kevin was a good son." "Very good son." "Funny, smart." "He was going to community college." "Did...?" "Did Kevin have a drinking problem?" "I think he was just young, acting his age." "Maybe a little lost at times." "You know, he may have had some issues with alcohol, but I think more he just never knew exactly where to direct his attention." "And what will you miss most about Kevin?" "Objection, Your Honor." "Relevance." "Trying to make the deceased a person, not just a name, Your Honor." "Overruled." "You can answer, Ma'am." "I'll miss sitting at the table with him, after dinner, just the two of us, talking." "I used to give him the business about putting on his shirt, and he'd never listen to me." "He'd just say, "We're done eatin', Ma." "Relax."" "Believe it or not, I'll miss worrying about him." "It's just, after you give birth, it becomes ingrained in you." "It's just like a part of you, as long as you live." "That worry is just always there." "I'll miss that." "And, what else will you miss?" "Everything." "Everything that would've come after." "Sorry." "Thank you, Beverly." "Hey, guys." "Hey, Mike." "How are you?" "Stu?" "I want to tell you how much I appreciate your work on this case." "And I wish Kevin could have met you." "Thank you." "Thanks." "You have a difficult task today, and I'd like to start off by thanking you for your time and attention in this crucial case." "Your task today is difficult because I'm asking you to believe that the people you have been taught to trust are the same people responsible for the death of Kevin Thacker." "Now, if you asked me a year ago, if I believed something like this could be be possible," "I'd have had a hard time believing it too." "But I'm learning." "I'm learning that, inherently, we were put on this Earth to protect one another." "There's an old saying:" ""Absolute power corrupts absolutely."" "We've all heard that statement." "And it trickles all the way down the power chain, from a president to a meter maid." "To make those who think they're above the law be fearful of its consequences." "Checks and balances." "That sounds like a pretty good idea to me." "What do you think?" "I mean, there's history here." "Going back to the Middle Ages, the Spanish Inquisition, police states, and the creation of laws." "New laws had to be passed to keep the abuse of power in check." "The Fourth Amendment protects us from search and seizure, and the Fourteenth Amendment gives us our rights." "I never knew Kevin Thacker." "But I've gotten to know his parents pretty well." "And I've spoken personally to everybody involved in this case." "And, I learned that Kevin was really no different than any of us." "He was a young man, trying to find his way in life." "And Kevin, like us all, had to face the consequences of his decisions." "And that is not an easy thing to do." "The consequence to Kevin's decisions on the night of October 29th cost him his life." "But if you look at the bigger picture, it didn't have to." "It didn't have to." "Kevin died while under the supervision of the Marshalltown Police Department." "There was not a soul in sight, except for Officer Dodge." "Now, you've heard the details of this case several times." "The standing broad jump, the intoxication, the press release prior to notifying his own parents, and the nature of the single injury that is not consistent with a fall of 24 feet." "You are in the throws of a cover-up." "The corruption of power by those who believe that they are above law." "But let me assure you, no police department wants bad blood on their hands, so you have to reconcile yourselves to one simple fact regarding the police and the world that we live in." "These things do happen." "Lady Justice is blindfolded, but that is to remind us that it is up to all of us to keep our eyes wide open." "Thank you so much." "Stu?" "Have you reached a verdict?" "Yes, we have, Your Honor." ""We, the jury, find Officer John Dodge" ""liable for the wrongful death of Kevin Thacker, and award $980,000 to his estate."" "Guess what?" "Did somebody pass the bar?" "Congratulations." "Thank you." "Might have a little competition on your hands." "Monica, I, uh..." "I just have to thank you." "I couldn't have done this without you." "Oh, it's nothing." "Counselor." "Counselor." "The unexamined life is not worth living." "My victory took nearly a year of my life, of my family's life." "You begin to understand your own personal limits." "What you are willing to trade for that victory." "For the first time, I felt that I was good at my job." "You can still find my name in the Yellow Pages along with everybody else." "A personal injury lawyer." "Sometimes I just have to smile." "There he is, the man of the hour." "I wish you would've called." "I'm just heading out for an off-site meeting." "I just wanted to grab a quick word with you." "Hey, congratulations on that victory." "Well, to be honest, sir, the real victory would be to have the offenders punished in some way other than the city's pocket book." "I wanted to offer my services free of charge to help expedite that in any way possible." "Yeah, I think we have that covered." "Have you assigned an agent to investigate the case yet?" "Yes, I have." "I thought about your very kind advice, but I decided to put somebody on it" "I'm a little more comfortable with." "Appearances and what not." "I'm sure you understand." "Who did you assign to the case?" "Ben Higgins." "Doesn't he do undercover work for Marshalltown cops?" "Let me tell you something, okay?" "You did a good job, nobody's denying that." "But you have to know when to walk away, when to move on." "And very frankly, fucking with my department doesn't help that along." ""Kevin Thacker and the Marshalltown Police," ""for ten counts against Mr. John Dodge." "Dismissed."" "They're gonna be late." "Hello?" "Beverly?" "It's Stu, hey." "Thomas there?" "Yes, hi, Stu." "Hold on." "Hi, Stu." "Hey." "Look, I'm really sorry to bother you on Christmas Eve." "We got some bad news." "Hallow threw it out." "Threw what out?" "In civil cases, the law gives the judge the power to overturn the jury verdict." "Now that's bullshit." "What?" "The judge threw the case out." "Well, what are we gonna do?" "We appeal it to the State Supreme Court for a reversal and get the original verdict reinstated." "I can't let it go." "I'm in this for the long haul." "I'm right there with you." "Listen, you have a good holiday, and I'll talk to you after the new year." "God bless you." "Thank you." "Thank you, Thomas." "¶ I went walking down the road ¶" "¶ The road for the blind ¶" "¶ For a long, long time ¶" "¶ I walked alone ¶" "¶ Down that lonely road ¶" "¶ No place to go ¶" "¶ I was the sea as cold as I could be ¶" "¶ I was anything but free ¶" "¶ As far as I could see ¶" "¶ I was anything but me ¶" "¶ I was all on my own ¶" "¶ Without myself ¶" "¶ I found myself without a home ¶" "¶ As hard as a stone ¶" "¶ But truth be told ¶" "¶ I was the storm ¶" "¶ The storm of storms ¶" "¶ So now you know ¶" "¶ I was the sea ¶" "¶ Cold as I could be ¶" "¶ I was anything but free ¶" "¶ As far as I could see ¶" "¶ I was anything but me ¶" "¶ I was all on my own ¶" "¶ Without myself ¶" "¶ Think about the way ¶" "¶ You have to fight ¶" "¶ When you're always right ¶" "¶ Think about the rose ¶" "¶ With too many thorns ¶" "¶ No one will stand by your side ¶" "¶ No one stands by your side ¶" "¶ No one will stand by your side ¶" "¶ I walked alone ¶" "¶ I found myself without a home ¶" "¶ As hard as a stone ¶" "¶ But truth be told ¶" "¶ I was the storm ¶" "¶ The storm of storms ¶" "¶ So now you know ¶" "¶ Without my soul ¶" "¶ All on my own ¶" "¶ I was the sea ¶" "¶ Cold as I could be ¶" "¶ I was anything but free ¶" "¶ As far as I could see ¶" "¶ I was anything but me ¶" "¶ And me alone ¶" "¶ I was all on my own ¶" "¶ Without my soul ¶" "¶ I went walking down the road ¶" "¶ The road for the blind ¶" "¶ For a long, long time ¶"