00Sex 2: Eye of the Hurricane Page #9

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You are making enemies|that you don"t know exist.

- Huh?|- We know about you.

You don"t know sh*t about me.|You understand?

You don"t know sh*t about this place,|and let me tell ya something else.

You"re not welcome here, okay?

You"re not f***in" welcome here.

You got that?|Go back to where you belong.

Lesra"s gonna have to get on|with school, so...

we might want to send him back|for a while.

- I understand. It"s probably the best.|- Yeah.

- Yeah.|- What about you?

Oh, it"s-- it"s gonna take|a little longer than we thought.

Y"all all right?

Yeah.

I have asked myself, Lisa...

if I could do for anyone...

what you and Sam and Terry and Lesra|have done for me, and the answer is no.

- So ifyou feel like|you need to go home...|- Shh. We"re not--

for any reason,|I"ll understand. You--

No, you gotta understand.|We"re not--

We"re not leaving without you.

All right?

And we"re gonna fi nd something.

Um, well, I found something--

a fellow by the name of Barbieri.

He"s a private investigator. Prosecution|hired him in the second trial.

- Didn"t he resign|from the case or something?|- He quit...

and he turned in his murder book|and crime-scene photos...

list ofevidence, but no notes.

- Anyone talk to him?|- Myron tracked him down.

- What"d he say?|- Nothin". He was scared.

- Ofwhom?|- Ofthe people he was workin" with.

- Mrs Barbieri?|- Miss.

- Hello. Uh, is Mr Barbieri in?|- There isn"t any mister.

Uh, Dominick, Dominick Barbieri?

That was my father.|He passed away years ago.

Wow. Maybe you oughta have|a yard sale.

That case always bothered|my father.

He never talked about it. He said|he had to live in this town, you know?

Yeah. Do you have any idea|where his notes might be?

Well, if he kept them at all,|they"d be in one ofthose boxes.

Guy was a pack rat. He must have saved|every case he ever worked on.

- Wait, wait, wait, wait.|- What?

- I found it. Look at this. Look.|- What?

- He kept a damn diary.|- Oh, look.

Who would have thought he"d put it|in a diary? But he did. Look at this.

There.

A call was placed to|an emergency operator named Jean Wahl...

at 2:
28 a.m. to report the shooting.

- At 2:
28?|- That"s right.

She then calls the cops|to tell them.

They say they already know about it.|In fact...

they"ve got a cruiser on its way|over to the Lafayette at that moment.

- Oh, my God.|- Yes.

According to Barbieri....

""time on the record|ofcustomer contact was changed...

from 2:
28 to 2:45.""

- Yes.|- Son ofa b*tch.

Which, iftrue,|putsJohn Artis and myself...

at the Nite Spot|at the time ofthe killings.

Well, ifwe can prove|she got the call at 2:28.

We"ll prove it.

We can prove it.

Mrs Wahl?

Hi. My name is Sam Chaiton.|We spoke on the phone|about the Rubin Carter case.

- I told you,|I don"t want to talk to you.|- Mrs Wahl, please.

Um, you told an investigator|named Barbieri...

that an emergency call you took|the night ofthe Lafayette bar|murders was at 2:28.

I don"t know what I told him.|It was a long time ago.

Uh, but there"s a card|that says 2:45 on it...

and, uh, you didn"t sign the card.

According to Barbieri, it was signed|by a Miss Lenore Harkinson.

- She was my supervisor.|- Why would your supervisor|sign the card?

And wouldn"t you normally|do that yourself?

Look, ifthere"s a card and that"s|what it says, then that"s what it says.

I don"t remember anything else.|And ifsomeone tries to make me testify,|that"sjust what I"ll say.

Uh, look, Mrs Wahl--

Thankyou.

So this is a copy ofthe phone|company"s record ofcustomer contact.

It"s all there,|just like Barbieri said.

Look at the signature on the card.

It"s signed by Lenora Harkinson,|Jean Wahl"s supervisor.

Does that mean anything to you?

It means she didn"t have|to write up a phoney ticket.

What?

He signed it himself.

Who?

His handwriting is|on every report that...

put me in prison|since I was 1 1 years old.

It"s Della Pesca.

It"s his handwriting.

- Oh, sh*t! What"s happening?|- What the hell is that?

- Don"t know.|- What is that?

- Oh, sh*t!|- Hold on!

- You all right?|- Yeah.

- Les, you okay?|- I"m all right.|- Are ya?

- Are you all right? Yeah?|- I think so. Damn.

- Yeah?|- Sh*t.|- Hey, you okay?

- What the f*** was that?|- Need help?

We"re okay. Thanks.

- Are they all right?|- Goddam.

The carjust went right over|the centre divider--

Rubin, the law states we have|to take our new evidence back|to the original trial judge...

- and then if he turns us down,|we go to the state appeals court--|- No. No, no, no, no!

Listen to me. These people|aren"t gonna just let that happen.

They"ve made their careers|on my case.

- What are you talking about, Rubin?|- I"m talking about lawyers,|prosecutors, judges...

who have moved up the ladder|on my black back.

We don"t even know what enemies|we have out there in this state.

We gotta take it out of NewJersey, and|we gotta take it to the federal court.

Rubin, ifyou go|into federal court...

with new evidence that hasn"t been|heard in the state court...

thejudge is gonna throw|it out, okay?

- That is the law.|- Then we transcend the law.

We, we, we get back to humanity.

You said it yourself.|You said ifwe take the new evidence...

before the federal judge,|he"s gotta look at it|before he throws it out, right?

- Right.|- I believe that once he looks at it,|he will have seen the truth.

Having seen the truth,|he can"t turn his back on me.

And what ifyou"re wrong|and he does turn away? Then what?

Then you throw out all this evidence|that everyone"s fought so hard to get.

And you know what, Rubin?|You will never be able to mention it|in a court of law again.

It is fi nished. It"s erased.|It"s as if it never happened.

This evidence is the key|to getting you out of here,|and you"ll be throwing it away, Rubin...

- when in a few more years--|- I don"t have a few more years, Myron!

- Leon, help me out.|- I can"t.

I agree with Rubin.|It"s time to move on.

- Move on? What do you mean,|move on? Move on where?|- The state"s biased, Myron.

We"re never gonna get anything there.|We have to go federal.

- We can"t take the risk|of going federal with this.|- Listen to me. Listen to me!

I"m 50 years old.

I"ve been locked up|here for 30 years.

I"ve put a lot of|good people"s lives at risk.

Now, either I get outta here--

Get me outta here.

Ready?

Good luck, Rubin.

This is foryou.|You stay strong.

- Good luck.|- My man. Peace, baby. Be cool now.

Good luck, Mr Carter.

- Rubin.|- Rubin Carter, prisoner 45472.

- See you around.|- Okay,Jimmy.

Your Honour, we appear before you...

in our 1 9th year before the courts.

Rubin Carter has never enjoyed|a full, fair...

and unforced disclosure|ofthe facts...

to which he is|constitutionally entitled.

For 1 9 years,|the truth has been hidden...

not only from Rubin Carter"s eyes...

- but from the eyes|ofjustice itselfand--|- Uh, Your Honour.

The prosecution|objects forcefully here.

Counsel is attempting|to present new evidence...

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