03x21 - Justice

[bunniefuu]

So how was your night last night?

Do anything special?

[laughs]

Yeah, it was amazing.

It was?

[laughs]

So, I mean, what do we do now?

How about we keep it undefined?

For now.

Okay.

Hey, as long as you come over tonight, okay?

Uh, what time?

[laughs]

[dramatic music]

Sean!

[g*nshots]

[gasping] Sean!

Go! Go! Go get him!

Stop! Police!

[panting]

[g*nsh*t]

♪ ♪

Police! Don't move!

Police!

[screams]

Stay down!

You sh*t me.

Don't you move!

You sh*t me!

Don't you move!

You sh*t me! You sh*t me!

Stay down!

You sh*t me!

Why you sh*t me for?

Yeah, I sh*t you!

I didn't do anything!

You sh*t my partner!

I didn't do anything!

You mother... what the hell did you do?

[crying]

What the hell did you do?

You sh*t me!

What is your problem? Stay down!

What are you doing?

[yells] I didn't do anything!

Sean!

I repeat, officer and offender down!

Roll two ambulances to 580 West Cermak!

My partner's been sh*t. Offender's been sh*t.

Sean, are you okay? Sean!

Are you hit anywhere else?

Sean, please talk to me!

Just show me!

Please don't die! Please don't die!

Sean!

How many sh*ts?

Four? Maybe five.

And then Roman, he screams at me to go.

He said that?

Yes.

So I chased that little prick to that corner, he fires at me two more times.

I tell him to stop and then he turns, looks over his shoulder, something silver in his hand, so I fired.

You kept sight on him the whole time?

No, not when he rounded the corner.

But I only had my eye off him for a few seconds, it's the same kid.

You get a look at him as he approached the car?

Maybe a glimpse. Mostly just arm and torso, g*n and muzzle flashes.

Silver g*n, it looked like a .9.

Did you see where the asswipe tossed the piece?

What?

Can't find it.

You all right?

Yes. How is Sean?

He lost a lot of blood.

Marine Unit is en route to find the g*n.

You hit him twice from 40 yards away in low light? Nice job.

Kim. Kim, come here.

You got to put a statement together.

Okay? List everything that happened.

Be definitive.

Keep your feelings out of it.

Everything you say will be carved in stone.

I want to get to Med.

After.

17-year-old male. Multiple GSWs.

One in the lower flank, one in the left thigh.

No exit wounds. GCS 15, BP 166/72.

Heart rate 128.

All right.

Dr. Choi, you're going to Baghdad.

Got it!

Talk to me, incoming!

27-year-old police officer.

g*nsh*t wound to the right neck, left back, arm, and hand.

GCS 15, BPs 94/60. Heart rates 122.

All right, rotate. We're going to Trauma 2.

No, no, he goes with Choi!

Hey! Hey! Hey! Hey! Hey!

He goes with Choi!

[overlapping shouting]

Everyone shut up!

Maggie, come on!

Go into Trauma 2!

Everybody block out the noise. Let's get to work.

And every police officer clear into the waiting room now!

Move! Move! Move!

Get out of my ER!

Michael Vance Ellis. 17. No priors.

Father, John Ellis, is a plumber, mother, Cecily Ellis, works at a bank.

We're running their address for any historical in-service calls.

Roman and Ellis are both in surgery at Med.

Ellis' parents are there.

You got surveillance footage?

Yeah.

I'm uploading the POD footage right here.

[somber music]

It's unreal.

Just like Philadelphia.

That your statement?

Yeah.

Come on.

All right, you're gonna go into my office, I'm gonna close the door, and I need you to memorize this.

Every word.

Marine Unit says no g*n yet.

[sighs]

Great.

Hank?

Yeah.

Assistant State's Attorney is downstairs.

Who'd we get?

Peter Stone.

What was that about?

Stone's the guy who sent him to prison.

Peter.

Hank.

Officer Roman's in ICU?

That's right.

And Officer Burgess? How's she holding up?

As well as can be expected.

What kind of a cop is she?

A plus.

I'm gonna need the General Progress Reports from the incident... plus any CRs on both Officers Roman and Burgess.

They're active cops, they're gonna have complaint reports.

Yeah, I get it.

We have 42 hours to either charge or release Mr. Ellis.

Yeah, I'm aware.

Feed you the info as I get it.

I appreciate that, but because of the profile of the incident, we'll be doing a parallel and independent investigation.

My people are already talking to the victim.

This is a clean sh**t, Peter.

I sure hope so.

You get me those reports ASAP.

Mr. and Mrs. Ellis?

I'm Detective Halstead, this is Detective Lindsay.

They're saying Michael sh*t the police.

Yeah, he did.

That couldn't happen. It just couldn't.

That's what we're here to figure out.

Does your son have access to a g*n?

No! No Kn*fe, no g*n, no nothing.

Not in my house.

You have to believe us.

Michael doesn't have a mean bone in his body.

He's a Chicago Scholar. He's on the Honor Roll.

There's no way he could've done this.

My son didn't do this! [crying]

[whispering] He didn't do this.

[gasps]

It's okay.

I'm sorry.

I'm all over the news.

Yeah, I know.

Kim...

I know you and I ended pretty rough, but, hey...

I still care about you a lot and... if you need anything at all...

I'm here. I got your back.

Okay?

Tell us what happened, Michael.

This guy ran around a corner.

Fired a g*n a couple of times then ducked off into a building like 20 feet from me.

I started to run 'cause this kid was sh**ting and I didn't know what was going on.

Next thing I know, I hear this woman's voice yelling so I turned and ran.

Then it felt like I got punched hard in the back.

That's all I remember.

Now they telling me I might never walk again.

[whispers] Oh, God.

[crying] My baby.

Michael, did you have a g*n?

No.

What were you doing down by the water?

I was just going for a walk.

This girl I've been seeing, she broke up with me.

I just wanted to be alone.

That lady cop... sh*t the wrong guy.

We finished the IPR, separated by family members, known associates, neighbors, and schools.

We did not find one witness who would say this kid was anything but an Eagle Scout.

g*ng Investigation says they don't have him affiliated with anyone.

Not one g*ng card or disbursal on him.

g*nsh*t residue test on Ellis came back inconclusive, because of the water he fell into.

[phone rings]

Patel. Yes, sir.

Okay.

Boss needs an update.

He's on his way.

No w*apon.

No continuous line of sight.

No independent witnesses to any part of it.

What do we have?

Officer Burgess.

We actually have more evidence against her than Ellis.

She made a positive ID.

The single most unreliable type of ID, eyewitnesses.

Oh, come on, we all know what happened that night.

The other guy Ellis said was sh**ting?

He's not on any cameras.

And the building he supposedly ran into?

One door, triple locked from the inside.

Houdini couldn't have gotten in.

No g*n. sh*t in the back.

You rush to edict this kid and we get it wrong...

This city's gonna explode.

You know what I can't figure out?

Is why Ellis did it.

It doesn't add up.

How do you graduate from having no priors to trying to k*ll two cops?

We may never know.

I need to know.

'Cause until I do, there's too many cracks in the case to bring charges.

Don't tell me. Don't tell me.

Michael Ellis is free to go home once he's discharged from Med.

You're making a mistake.

We're gonna keep investigating.

Don't blow smoke up my ass. You caved.

This case is gonna get shoved in a file cabinet somewhere.

That's where you're wrong.

Someone's getting charged.

I just don't know who yet.

[sighs]

[sighs]

You called me in, Sarge?

[exhales, clears throat]

"Officer Burgess, you have been officially relieved of your police powers and duties pending separation from this department.

You no longer have the authority to carry a w*apon.

If you on-view any criminal acts you must call 911 and take no police action.

Did you clearly and intelligently understand each and every one of these orders?"

Yes.

Hands up, don't sh**t! Hands up, don't sh**t!

Hands up, don't sh**t!

Hands up, don't sh**t! Hands up, don't sh**t!

Hands up, don't sh**t! Hands up, don't sh**t!

Another unarmed black man sh*t in Chicago!

sh*t in the back too.

[chanting continues]

Tell me something, brother, you like sh**ting at your own people?

Really?

Watch yourself, man.

What you 'gon do?

You gonna sh**t me or something, man?

[chanting continues]

Hands up, don't sh**t!

Hands up, don't sh**t! Hands up, don't sh**t!

[dramatic music]

♪ ♪

Hey. Got here as fast as we could.

Called in some more hands.

The incident took place at 580 West Cermak street?

Correct.

Isn't that... three blocks off your assigned b*at?

We went on the zone, told dispatch we were going down on a personal.

Officer Burgess, did you notice anyone else walking around the area before the sh**ting?

No. It's all in my report.

So how long had you been going out with Michael Ellis?

Few months.

But you're not together anymore?

No, ma'am.

Why'd you guys break up?

I told him we needed to slow it down.

I didn't mean for him to take it that way.

What way?

Like we were over.

I told him that.

You and Michael Ellis worked together, right?

Yeah.

What kind of kid is he?

I don't know.

We're not here about a stolen purse, Mr. Kelton, a police officer was sh*t.

If you have information, you need to tell us.

Wish I could help.

Have you ever been in jail, Mr. Kelton?

Juvie. Nothing since.

You want to go back?

For what?

It's called hindering a prosecution.

Three to five.

Okay.

On Friday, Mike was all agitated.

And then he just started ranting about... about Chicago cops.

What about Chicago cops?

Said they were out of control.

That no one ever did anything about it.

Well, I got something.

Michael Ellis, his Instagram account, he deleted it a day before the sh**ting.

Right.

I pulled this off the girlfriend's account.

Honor student my ass.

[crowd chanting] Hands up, don't sh**t!

Hands up, don't sh**t!

Get out front and set a parameter with the blue horses, and, remember, everyone has a camera phone and they're all looking to get on CNN. Go.

Hank?

Yeah?

Just got a call from a guy who lives in the building near where Ellis got sh*t. He says he has video.

[crowd chanting] Hands up, don't sh**t!

[computer keys clacking]

Yeah?

Atwater, Olinsky. CPD.

Okay, great, so here's the deal.

Uh, some other cops came by the night after that kid got sh*t.

I said I wasn't home that night, so I didn't see anything, but I've got a security camera in my window pointing down on the street because my car was broken into.

Which you just forgot about?

Honestly, slipped my mind.

Until this morning when my computer asked me if I wanted to delete some footage.

It's set to do that once a month.

All right, how about we look at the video?

My buddy said I could sell this for major cash.

You want to obstruct an active investigation?

Got it.

[monitors beeping]

[somber music]

♪ ♪

[cell phone vibrates]

Stone.

That's our g*n.

Hell yes, that's our g*n.

Where'd this come from?

Private security camera overlooking the waterfront.

Good.

We just brought this up. Found it 20 feet out.

After conducting an independent, thorough investigation of all the evidence at this time we announce the indictment of Michael Ellis...

[crowd overlapping groaning]

For the attempted m*rder of Officer Sean Roman and Officer Kim Burgess on April the 11th, 2016.

Let's go. Come on.

[crowd indistinct yelling]

Union take care of you?

Yeah.

The department put me in an administrative spot.

Platt says it's like a time out.

It's full pay. Union stepped up.

I got the right guy.

He had white Nikes on, okay?

And when I got out of the car and I started running, I saw how white they were against the street.

Just...

That just hit me last night in bed.

That Michael Ellis, he had them on too.

Kim... that guy tried to k*ll us.

You chased him down, you dropped his ass.

I don't care what anybody else is saying, this is coming from your partner.

You saved the lives of who knows how many other cops out there, that son of a bitch gotten away.

You did the right thing.

Okay.

Thank you very much.

Shambala.

Peter.

How's Ted?

He's retiring next month.

That's great!

[chuckles] No, it's not.

I want that man working. I am not going down to a one-income family.

That Cartier you wear tells me otherwise.

It's a fake, don't tell anyone.

Yeah, right.

So what's the offer, huh?

Whenever you have an offer you meet me at this roach coach.

Did you ever hear the story of the unluckiest man in the world?

It's a story about a kid who poses on Instagram with a silver Beretta, who wears the exact same clothes as a cop sh**t, and then gets caught on video tossing said g*n into the river.

[chuckles] Do you read the papers?

We all love Michael.

He loses at trial, he could get 80.

That kid is not getting convicted by a jury in this city.

Maybe two years ago.

Not today.

Why are we no further on motive?

Ellis told his co-worker he had it out for cops and that's it?

Sir, State doesn't need...

And don't tell me the state only has to prove the act not the reason.

I've never seen one jury come back guilty when we don't show motive.

People want to know why.

It's got to make sense.

Kid doesn't sh**t into a cop car just for the hell of it.

[knock at door]

Enhanced POD video is finally back.

And please tell me we can see Ellis' face.

Not quite.

[dramatic music]

♪ ♪

Are you kidding me?

How long have you been screwing your partner?

♪ ♪

Where'd you hear that?

I don't know what... I don't know what that has to do with someone attacking us.

Allow me to answer that question as Ms. Green will.

When you sh*t Michael Ellis, were you thinking with your head or your crotch?

[shouts] We were fired on!

We were!

Officer Burgess...

I am devoting a lot of our resources to essentially defend you.

Which I am ready to do...

But I need to know... are there anymore trap doors out there waiting for us?

No.

I reacted as I was trained.

Okay.

♪ ♪

We love you, Michael!

[overlapping shouts from crowd]

All right, quiet.

[gavel pounds]

Quiet! Quiet! Quiet!

[crowd dies down]

I know this is an emotional time for all of us.

But this court must have a level of decorum and respect for all sides.

Please be seated.

Mr. Royal, would you please state for the court what you do?

I'm a firearms examiner for the Illinois State Police.

Do you recognize this w*apon?

Yes, it's a stainless steel Beretta 92.

And you did the ballistics testing on this g*n, People's exhibit 10?

I did. The fired evidence from the crime scene came from this g*n.

So this g*n, found in the river, is the same g*n that sh*t Officer Roman?

Correct.

Hmm.

Can you determine from this photo, People's exhibit 11, the make of the g*n Michael Ellis is holding here?

That is stainless steel Beretta 92.

A stainless steel Beretta 92.

No more questions.

As you sit here today, Mr. Royal, can you testify that you know that the g*n Mr. Ellis is indeed holding in this photo is the same g*n that was used in the crime?

No, I cannot.

No further questions.

I found the g*n in, probably, a foot of silt right there.

Mm-hmm. Parallel from where Michael Ellis fell in this diagram, People's exhibit 23?

Yes.

And how far out from the shore did you find the g*n?

About 20 feet?

Throwing distance?

Objection.

Sustained.

No further questions.

You testified earlier that you had the camera installed because your car had been broken into?

That's right.

Did you catch the perpetrators?

Chicago PD did, yes.

The two men who broke into your car, they were African-American, correct?

Objection. Irrelevant and immaterial.

Sustained.

Mr. Cade, what do you do for a living?

I'm a graphic designer.

So you create images in your computer?

Yes.

You also manipulate images in a computer?

[chuckles] I guess.

Have you ever manipulated video in a computer?

Well, not this one.

That's not what I asked you.

Have you ever manipulated video in a computer?

Yes.

Okay, I'd like to direct your attention to... to the monitor, please.

Is this the video caught by your security camera?

Yes.

Wait, there's no g*n!

Objection, that's not the video entered into evidence.

Sustained.

That's because it's a fake.

I had a graphic designer remove the silver flash just to prove how easy it is to manipulate video.

It took less than an hour.

This is completely improper and she knows it.

Ms. Green, not only am I gonna sustain the objection, but I'm also going to instruct the jury to ignore what they've just seen as it's a violation of the rules of evidence.

My apologies to the court.

No further questions.

Find a way to shut this down.

If we do that, we might as well shut down the office.

You can't sh**t the police and we know he's the sh**t.

Beyond Chicago's reasonable doubt?

[sighs]

You do realize that I'm the black State's Attorney of Cook County?

I do.

And that as a public employee if Michael Ellis is acquitted, you come in to work the next morning, start a new case, while I, an elected official, am voted out of office come November.

I'm not gonna lose.

Don't.

[overlapping shouting]

[crowd chanting] We want justice!

We want justice! We want justice!

We want justice!

Kim, remember... you keep your head up.

You look the defense attorney's right in the eye.

Burgess...

I'm really proud of you.

[crowd chanting] We want justice!

We want justice! We want justice!

Ready Kim?

[chanting continues]

Yeah.

[overlapping shouting]

[dramatic music]

♪ ♪

[chanting continues]

What are these, Officer Burgess?

Commendations for bravery.

And why did you receive, say, this one?

My partner and I rescued a young boy from where he was imprisoned in his basement.

His own mother had held him there for years.

And the other one?

That's the Lambert Tree award.

Um, I was sh*t in the line of duty while knocking on a door on a routine call.

I took a shotgun blast to the head, neck, face, and shoulder.

sh*t in the line of duty and you came back to work and went back on patrol?

Yes.

As soon as I could.

On the side of our squad it says, very simply, "We serve and protect." And that's why I do this job.

The side of the squad car that Michael Ellis sh*t five b*ll*ts through?

Objection.

Sustained.

No further questions.

Officer Burgess...

How long have you and your partner, Sean Roman, been in a sexual relationship?

Officer Roman and I had just begun to see each other.

Just who were you "serving and protecting" when you were stroking your partner's neck?

Would you say that your... intimate relationship with Officer Roman clouded your judgment?

No.

Would you say that your intimate relationship with Officer Roman caused you to panic after he was sh*t?

No.

Would you say that your intimate relationship with Officer Roman caused you to sh**t the first black man you came across?

Nearly unloading your w*apon...

Objection!

Into his back...

Badgering, inflammatory, and counsel is testifying!

Sustained.

I'll restate, Your Honor.

Ms. Burgess, what was the man who sh*t your lover wearing when you first saw him?

Objection.

Improper characterization.

Sustained.

Apologies. What was the man who sh*t your partner wearing?

A dark hoodie, jeans, white Nike shoes.

The same ones that are worn by 15,000 urban youth in Chicago.

Yes, because they wear the same clothes to make it harder for police to identify them.

Hard to identify?

No further questions.

[dramatic music]

♪ ♪

That video kicked us in the balls, huh?

Yeah, dirty pool.

We're gonna get through it, right?

So where are you on all this?

[sighs]

I was black before I put this badge on.

I'll be black after I take it off.

Bottom line is that kid sh*t at my friends.

Might as well have sh*t me.

But why did he?

I can put him at the scene.

I can put the g*n in his hand and that's enough, but I still don't get why.

'Cause I look in Ellis' eyes and I see what the jury sees: someone's son.

Not an attempted cop k*ller.

What is it?

I think we got motive.

Location of the incident is five miles away from Ellis' house.

If he liked walking by the river or lake so much, why would he come here?

The south branch is less than four blocks from his house.

Ellis had a wallet the night he was sh*t which was inventoried. Inside there was a CTA pass which he didn't use the night of the sh**ting, so we couldn't build a time line of where he was prior to the incident.

Then we ran his CTA card for historical information.

Lo and behold Ellis visited that same location of the sh**ting 16 times over the last four years.

So we ran everyone that was arrested in the area and then we ran victims.

Could you just tell us what you found, please?

Dewan Motley.

Who's Dewan Motley?

May I?

He was a live-in boyfriend of one of Ellis' aunts.

Basically, a whole lot went down between Dewan Motley and the CPD at this exact same location six years ago.

I'll keep digging around.

See if anyone close to Motley...

No, no. Thanks for coming down and briefing us. Intelligence has to stay away at this point.

How's that?

Green's running a reasonable doubt defense and she's gonna bury us if we give her anymore conflicts of interest.

You gonna be able to close on this, kid?

I think you know I'm able, Sergeant.

Except when you put me away you had this, kind of, world-beater look in your eye.

I'm not seeing it right now, Peter.

That's because the case on you was a slam dunk.

That look.

[crowd chanting indistinctly]

[dramatic music]

♪ ♪

Sergeant Voight isn't here.

I actually came here to talk to you.

Back here.

Dewan Motley from six years ago.

You were the desk sergeant on duty that night.

I was?

The arresting officer, Ed Braymer, what kind of officer was he?

Old-school. Very old-school.

Not my kind of cop, to be honest.

r*cist?

Off the record.

Yeah, he was.

Does this have to do with Michael Ellis?

Maybe.

It doesn't change the facts of the case.

I'm not talking to you as a prosecutor right now, Trudy.

Nothing excuses what Michael did that night.

But I think you helped me figure out what put that g*n in his hand.

[dramatic music]

♪ ♪

Defense calls Michael Ellis to the stand.

Michael... do you own a g*n?

No, ma'am.

Then why did you post a picture of yourself holding a g*n?

It was stupid.

Please tell us.

I was dating Penny and I got it stuck in my head that she wanted someone, you know... tougher.

In fact, I'd seen her talking to some guys who were in gangs.

I was at this party and this older guy had a g*n.

He was showing it off. So I was like, "Yo, let me take a photo to, you know, try to impress this girl."

That g*n was in my hands for, like, ten seconds.

That was it.

I gave it back.

I've never even sh*t a g*n.

No further questions.

Who's Dewan Motley?

My uncle.

Well, he's... he's not really my uncle.

The longtime boyfriend of your aunt, correct?

Yes.

Tell us about him.

He was a good man.

Is it true he was arrested six years ago for drunk and disorderly... and while resisting that arrest, he caught the arresting officer off balance, hit him, and caused him to hit his head?

Put that officer in a coma?

Objection, Your Honor.

And it doesn't look like...

Overruled.

It doesn't look like he's gonna wake up ever.

Is that correct?

Dewan wasn't doing anything wrong.

Do you remember where the incident took place?

Where your uncle was arrested?

No.

It was the same street... same corner... where Officer Roman was sh*t.

Okay.

Did you visit your uncle in jail?

Yes.

How many times?

I don't know.

12.

Sidebar, Your Honor.

State never disclosed this.

This is a classic Brady violation.

It's newly discovered evidence and not exculpatory so it's not Brady and how can I disclose something when I don't even know they're going to call the defendant to the stand?

This evidence has no relevance and it is prejudicial.

All evidence incriminating defendant is prejudicial.

Since when is motive not relevant?

This is a collateral issue. No bearing.

This is cross examination and not exculpatory, Counselor.

I'll allow it. Objection overruled.

How did Dewan Motley die, Michael?

He hung himself in prison.

After his last appeal was denied.

I guess.

How did that make you feel?

How do you think?

I'm asking you.

I was angry.

You would be too.

When did he die?

I don't know for sure.

I'll tell you.

It was the day before Officer Roman was sh*t.

Michael, look at me.

Michael... your girlfriend broke up with you because you weren't "tough enough" and your uncle... who's life was ruined by a cop, k*lled himself.

This all within two days, correct?

You didn't walk down to the river over a break up.

You walked down there armed... to the same location your uncle was arrested, to prove you were tough.

To get revenge for your uncle.

Objection, Your Honor!

Sustained.

Dewan just wanted an explanation!

It was that cop's fault that he's dead!

And you went down to the river to get revenge, didn't you?

You went down there, Michael, to k*ll a cop...

Objection, Your Honor!

Right?

Counsel is testifying!

Enough!

[dramatic music]

♪ ♪

[exhales sharply]

Peter.

Shambala.

Look at this. You got me eating carbs.

If it's any comfort, I housed a whole pint of Haagen-Dazs last night.

Aggravated battery with a firearm.

Served as a juvenile.

No way.

I'm only gonna offer it once.

You ever had an innocent client, Shambala?

I've had hundreds who were not guilty.

No.

We should take it, Peter.

It's been three days.

If the jury was going to acquit, they'd be back already and Green knows it.

And you never seen a case go sideways at the last minute?

He could be out in four years.

And he would have admitted his guilt and this will be over.

[sighs]

Do you really want to put this city through this again if the jury hangs?

Only if Burgess and Roman sign off on it.

Absolutely not.

[sighs]

What? Do you think you should do this?

I see it's merits.

[sighs]

Then he needs to admit he lied in open court.

It's nolo contendere.

He won't dispute the charges. That's it.

Can we at least get an apology?

To the CPD?

It's not gonna happen.

So the next guy that sh**t a cop thinks all he'll get is four years?

Sean, he may be acquitted.

That's the risk we're taking here.

Or, almost worse, the jury may be hung.

It's up to Sean.

He's the one who got sh*t.

We're all sleeping in our own beds tonight.

Let the city sleep too.

[gentle music]

♪ ♪