The Hurricane Page #9

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 of

customer contact was changed...

from 2:
28 to 2:45."

Yes.

Son of a b*tch.

Which, if true, puts John Artis

and myself at the Nite Spot...

at the time

of the killings.

Well, if we 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

of the 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? Wouldn't you do that yourself?

Look, if there's a card and that's

what it says, then that's what it says.

I don't remember

anything else,

and if someone tries to make me

testify, that's what I'll say.

Uh, look,

Mrs. Wahl-

Thank you.

So this is a copy of the phone

company's record of customer contact.

It's all there,

just like Barbieri said.

2:
45.

Hmm.

Look at the signature

on the card.

It's signed by Lenore 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 11 years old.

It's Della Pesca.

It's his handwriting.

- Oh, sh*t! What's happening?

- What the hell is that?

Oh, sh*t! Hold on!

You all right?

Yeah.

Lesra, you okay? I'm all right.

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?

Goddamn.

Hey, let's go!

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.

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?

I'm talking about lawyers,

prosecutors, judges...

who have moved up the ladder

on my black back.

We don't know what enemies we

have out there in this state.

We gotta take it out of New Jersey

and take it to the federal court.

Rubin, if you go

into federal court...

with new evidence that hasn't

been heard in the state court,

the judge is gonna

throw it out.

Okay?

That is the law.

Then we transcend the law.

We- We get back to humanity.

You said if we 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 if you're wrong and

he does turn away? Then what?

Then you throw out all this evidence

that everyone's fought to get.

And you know what, Rubin? You will never

be able to mention it in a court again.

It is finished. 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 where? The State's biased.

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.

I'm 50 years old.

I've been locked up

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 for you.

You stay strong.

As-Salaam-Alaikum.

Alaikum-Salaam.

Good luck.

Peace, baby.

Be cool now.

Good luck,

Mr. Carter.

Rubin.

Rubin Carter,

prisoner 45472.

See ya around.

Okay, Jimmy.

Your Honor,

we appear before you...

in our 19th year

before the courts.

Rubin Carter has never enjoyed

a full, fair...

and unforced disclosure of the facts to

which he is constitutionally entitled.

For 19 years,

the truth has been hidden...

not only from

Rubin Carter's eyes,

but from the eyes

of justice itself.

Your Honor, the prosecution

objects forcefully here.

Counsel is attempting

to present new evidence...

and circumvent

the State Court of New Jersey.

Your Honor must,

according to the law,

drop this entire petition where it belongs

- into the garbage.

Your Honor, we implore you to at least

hear us before making your ruling.

Mr. Beldock,

I hope you understand...

the implications

of your action.

That is a very

slippery slope...

you're trying to climb.

We do, Your Honor.

Proceed.

In 1976,

the State of New Jersey's...

chief investigator of this case,

Dominick Barbieri, resigned...

because he discovered

the truth.

He discovered that

this case was built...

on a foundation

of forgeries and lies.

Those lies show the guilt

not of Rubin Carter,

but of a corrupt police force

and the prosecutor's office.

And now, this wall of lies

has been destroyed,

so that this court

may finally see the truth,

and, pray God,

not turn its eyes away.

This court

is not unmoved by your...

eloquence and passion,

but the prosecution

is correct.

This petition contains

new evidence...

that has not been presented before

the State Court of New Jersey,

and there is no legal argument

that you could make...

which would allow me

to consider it.

Therefore, you have

two choices before you..

I can send this case

back to the state court...

and you can present

the evidence;

or...

if you insist on proceeding,

this evidence

will be lost to you forever.

You understand the choice

before you, Mr. Beldock?

Your Honor, may I request a

moment to confer with my client?

That's the smartest thing you've

said all morning, Counselor.

Rubin,

listen to me.

This judge is telling us

as clearly as he possibly can...

that he's going

to rule against you.

This is our last stand,

Myron. Rubin, I am begging you-

Let's proceed.

Your Honor,

my client wishes to continue

with this proceeding.

Uh, do you do so formally,

and, uh, are you aware

of the significance...

of such an action?

We do so formally.

Proceed.

But, Your Honor-

Yes? The State is not prepared

to argue the merits of this case.

Why not?

Well, we assumed...

that the Court would not hear this

petition based on new evidence.

You assumed wrong.

Proceed.

So, Your Honor, this case

was poisoned from the start.

No evidence.

No witnesses,

except admitted liars.

Only a racially charged

atmosphere,

which was fanned by the police

and the prosecutors...

who knew the truth

and distorted it...

and subverted it

and destroyed it...

to convict an innocent man.

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