(gentle guitar music)
(footsteps clomping)
(stones plopping)
(grunting)
(speaking foreign language)
(laughing)
- (speaking foreign language) Stop, stop it.
(gun firing)
Stop.
Help!
Somebody help!
Jaime.
Help, somebody help!
Somebody help, please!
Jaime.
(grunting)
- Oh shit.
(lively guitar music)
(singing in a foreign language)
- Yo, Eddie.
Ah right, pappi finally got lucky, huh?
- You're not gonna let me through, are you?
- What do you think?
I mean I want details, all kinds of details.
You know like--
- Jason, you know not everyone that stays up late
is getting it on with a hot mama.
- You were here again all night?
- Mmm, till about four in the morning.
- Oh man, all right.
Man, so are you sure you're Latin?
I mean aren't you guys supposed to be all hot, get into--
- You guys?
- Yeah, you guys.
You know like Ricky Martin and Antonio Banderas.
All you hot Latin lover guys who make it impossible
for a geek like me to ever score.
- You know what?
You watch way too much TV.
So, now tell me what's happening here today?
- You haven't heard?
- Heard what?
- Some Border Patrol Agent shot a kid last night
on the Arizona side of the border.
- Mexican?
- No, Norwegian.
What do you think?
- Is he an illegal?
- Well, that's what all the fuss is about.
He was legal.
- Was?
- The kid was dead before he ever hit the ground.
I mean, from what I heard, the bullet left a hole
the size of my fist in the kid's back.
- He was shot in the back?
Why was he shot in the back?
- That's the $20,000 question.
Why don't you ask him?
- What do you mean?
- Hancock's been waiting to see you.
- He wants to see me?
- Looks like this office is gonna represent the agent,
I mean for now anyways.
And, well, you got the short straw, partner.
(groaning)
- No, no, no comment, no comment.
Listen, no comment.
- I'm sorry I'm late.
I was here all night.
I slept right through my--
- Just come in.
Shut the door.
Guess you heard what's going on.
- Um, some yes, most of it, I think.
- I'm giving the case to you.
- Oh come on.
Why me?
I mean, isn't Friedman or Smith better suited?
I mean they have more experience.
- It's yours Martinez.
- So, not because I'm best for the job.
- Like it or not, believe it or not,
you're the best person this department has for this case.
And, the reason you're the best person for this job
is not because you're one of my best defense attorneys,
it's because you're Mexican.
Oh come on, don't give me that.
You know how this game is played.
The facts and the law only take you so far.
After that, it's just a matter of perception.
Who does the jury like?
Who are they sympathetic towards?
And, you, a legally immigrated Mexican,
living the American Dream, supporting one of our agents
dedicated to protecting the borders,
well that just evens the playing field just a bit,
especially when the prosecution starts throwing in words
like innocent child, unsuspecting boy, loving son,
in every other sentence.
- He was shot in the back, sir.
- Oh, I see you caught the press's soundbite.
I guess you missed the one where they said the juvenile
had the rancher's son on the ground swinging a big stick
menacingly over the innocent child's head?
Semantics, Martinez, semantics.
Use it to your benefit.
Don't get caught up.
Here.
Grand jury convenes this Monday.
You got five days to come up with reasonable doubt.
No one wants to see it go beyond that.
- What do you mean no one?
- (sighing) Last year El Paso, a case very similar to this.
In that one the grand jury thought they had enough evidence
to go to trial.
Between the grand jury and the trial, ACLU got involved
on behalf of the family.
Case still hasn't been resolved,
probably won't be this decade.
In the meantime, city and taxpayers have spent
over a million dollars on a case with no winners.
Eduardo,
we're not a wealthy community.
If this case even begins to play out
like the one in El Paso, everybody'll be hurting.
Now listen, there's not money to pay for a trial like that
on either side, so when I say,
no one wants to see this
go past the grand jury, I mean no one.
- Regardless of what went down.
- Listen, you're a defense attorney.
You're gonna defend your client regardless.
Now if you wanna continue to be a defense attorney
in this or any other town, you know how this has to go down.
- Is that all?
- For now.
- Mother deceased two years ago of cancer.
Jesus poor guy.
(knocking)
- Yo campone.
- What?
- Campone, you know champ, what's up?
- It's pronounced (speaking foreign language)
and I'm not one.
- Maybe not yet but you will be.
I mean this case is gonna put you on the map, bro.
It's gonna make you the most wanted defense attorney
this side of the border.
- Oh just this side?
- Come on you know what I mean.
You win this one, your client roster's gonna be set up
for the rest of your career.
I mean, even if you never win another case.
- So, that should make this all right.
- Hits close to home, huh?
- Yeah, just a bit.
- Have you heard from your family?
- About a month ago.
- No news on the visas then?
- My papa, he was denied again.
- Sorry man.
What about your mom and sister?
- Hmm, no they're not gonna leave Mexico without him.
- Well, what are you gonna do?
- There's nothing I can do.
My father's past, I mean he's never gonna get a visa.
- Come on, this is America.
Can never say never, right?
- My father spent time in prison.
He was only stealing food for me and my mom,
but he has a record.
And, the way things are going and the way national security
is these days,
he's never gonna get in.
- I mean just 'cause they won't let him in
doesn't mean he can't get in.
- I can't believe you just said that.
What do you want me to do, huh?
Hire some shady coyote and smuggle them across the border?
So, that some trigger-happy patrolman can cut him down?
I mean what the hell are you talking about?
Jesus.
- I'm just trying to help.
- You know what, don't.
(phone ringing)
Yeah, hello.
- [Jason] Hey, Scalo's confirmed.
He'll be here at 11.
- Thanks.
- [Jason] What are all these?
- These I don't know.
- Hmm, looks like the press found out
who's gonna be representing Scalo at the grand jury, huh?
- Yeah, now everyone wants a piece of me.
- Looks like some more than others.
Look at this.
- Nivea Rodriguez, Libertad Ahora,
Nivea Rodriguez, Nivea Rodriguez.
It's like five messages in two hours.
I've never heard of her.
- You're kidding, right?
Nivea Rodriguez?
You're unbelievable.
Remember about like 10 years ago, she was the hottest thing
on the news?
Did all those, you know, undercover reports,
exposes on corruption, stuff like that?
It's kinda like Geraldo Rivera,
but a hell of a lot better looking and not as hairy.
- Now if this was 10 years ago,
how do you know so much about her?
Wouldn't you have been what 12, 13?
- 15 and very horny.
I mean that chick was hot with a capital H.
- You need help.
- Maybe I do but, God, wait till you see her.
You know what I mean.
(chuckling)
- Mr. Scalo, I'm Eduardo Martinez, your defense attorney.
This is a no-smoking building.
- Yeah, says who?
- Says the government.
- All right, look, right now half this state
wants to string me up by the balls 'cause they think
I'm some kind of a racist child killer.
I am a little tense Mr. Martinez.
And, when I'm tense, I smoke.
Now if you have a problem with that,
why don't you just add it to my list of charges?
- I'm your defense attorney not the prosecutor, sir.
I couldn't possibly add it to the list of charges
if I wanted to.
- Well, do you?
I mean, do you want to add to my list of charges?
- You know what I want, is to give you
the best legal representation so that this case
doesn't go any farther than the grand jury.
- You know, somehow by looking at you,
I get the idea that's more what your boss wants
than what you want.
Or isn't that right, senor.
- You know this is a case about you and not me.
Now, I'm a professional and I'd like to be treated as one.
- All right (chuckling).
- Nice suit by the way.
- Hmm thank you.
- Even for someone on your salary.
- Well, looks like we all can't make the big bucks
now can we?
- Yeah, and just how do you make the big bucks?
- Oh I do odd jobs here and there.
Think of it as my own personal retirement fund.
- What kind of odd jobs?
- Now I don't see where that's any of your business.
- I'm your lawyer.
I think it is my business, Mr. Scalo.
- Oh well then in that case, 9:30.
- 9:30.
- Yeah, 9:30 was when I took my last shit (chuckling).
Hey you wanted to know everything.
- I would appreciate if you took this seriously.
- Look, let's cut the crap.
You and I both know that you don't want this case
any more than I want someone like you to have it.
- I don't know where you're getting your presumptions.
- Bullshit!
- My union doesn't want to pay the big bucks
on some bigshot attorney in case this turns
into a big long trial.
The only reason you got this case
is 'cause of where you're from.
So, let's just cut with the fake niceties
and get on with it, shall we?
- For the record, Mr. Scalo, I was assigned to this case,
because of my skills and my experience,
not because of my lineage.
- Oh really.
That's not exactly what I heard.
- If you feel I'm not the right person to defend you,
Mr. Scalo, you have the right, by all means,
to go find yourself legal representation elsewhere.
- You better be good.
- Oh I am.
Now tell me what exactly you were doing
a day and a half ago.
- It was near the end of my patrol.
It was out towards what they call out there Antelope Point.
Looked like two people struggling,
one of which had a club.
Now, I shouted but I reckon they must not have heard me
because of the distance.
And, that's when the dark-haired one raised up
and raised up a club with him.
And, I thought he was gonna kill
that little blonde-haired kid so I shot him.
- He was using a stick not a club.
- All right, look I didn't now that at the time.
- Well, just be careful with the choice of words you pick.
They might be used against you.
- All right, what do you mean by that?
- Well, if I was a prosecutor, I'd be using the race card
just about now.
- Oh how so?
- Well, how did you distinguish between the brown-haired boy
and the blonde boy?
Is this a case about America versus Mexico,
vigilante justice, all of that?
- Look, Martinez I may be a lot of things,
but one of the things that I am not
is some trigger-happy racist.
If that were true, I wouldn't have done
that little wetback kid in broad daylight.
- So, not guilty then?
- Not in the least.
- That's fine.
If that's what you want, that's what I'll go with.
Oh and Mr. Scalo, when you get on that stand,
try not to refer to the dead child as a wetback.
Yeah, juries tend to frown on such language.
So, as I will prove my client's innocence in this case,
I request that you all respect his privacy
during these very difficult times
and that you route all your questions to my superior,
Mr. F.L. Hancock.
(chattering)
- Wait, I assure you that Mr. Scalo
will make himself available
to you at the proper time.
(chattering)
- Ladies, ladies and gentlemen, ladies and gentlemen,
I assure you we'll get to all of your questions.
Marie.
(light rhythmic music)
- Oh, oh excuse me.
- That was my intention.
- Oh really?
- Yeah.
- Eduardo Martinez, Public Defender's Office.
- I know.
You are a very hard man to get ahold of.
I've left you several messages.
- And, you're a very persistent woman.
That was about eight messages
in less than two hours I believe.
- Actually it was 10 in three hours, but who's counting?
- Mr. Hancock's the one fielding questions today so...
- Perhaps, but you are the only man I want to speak with.
- Flattery will get you nowhere.
- Flattery?
Don't you think you should hear my questions first?
- I'm an American citizen Miss Rodriguez defending
a law enforcement agent fulfilling his duty
of protecting the borders of this country.
- Well, you may be an American now but you were
a Mejican first, or have you forgotten how
it's like to live in crime, cells, and poverty?
Day in and day out while the nervous to the north complain
about the price of a cup of coffee
or the injustice of not being able to smoke in a bar?
- So, what?
I mean, what, my client is guilty
because he lives in a country that allows it's people
opportunities and amenities?
This case is not about the iniquities of the peoples
of the border, Miss Rodriguez.
This is a tragic event that ended the life of one person
and is altering the destiny of another.
Now, if you wanna turn this politics,
you know what, I have nothing left to say.
- Mr. Martinez (recorder clicking).
I'm an American too and I agree with you.
- Oh you do?
- Yeah, but unfortunately it takes something like this
to focus attention on the politics of the situation.
I am fair with my reporting, ask anyone.
But, I will use this case to focus attention
where it is needed.
The lives of an entire people demand it.
- You have a good day.
- Yeah, I will.
(screaming)
(crying)
(knocking)
- Jesus, where have you been, bro?
Hancock's about ready to string you up by the balls.
- What are you talking about?
I just got here.
- He's been trying to reach you for over an hour.
He wants to discuss the strategy for Scalo with you.
- Well my phone didn't...
Fuck, I lost it again.
- - [Jason] You're gonna lose your ass too
if you don't get in there.
- And, just where the fuck have you been?
- I apologize, I misplaced my--
- Does this look like a face that cares?
You need to tell me what you said
to Scalo yesterday afternoon.
- I said nothing.
It was just a preliminary.
- Preliminary, my ass.
If that was the case, I wouldn't have been on the phone
for 45 minutes this morning with his union rep
bitching about you about how you're a reverse racist
and his client needs unbiased representation.
- It was nothing like that.
- Oh really?
I don't know what it was like, but let me tell you
how it's gonna be.
You're gonna play nice with Scalo,
you're gonna give him the best defense
you ever gave anyone, and you're gonna get his ass off.
- What if he's guilty?
I mean the truth has to come out.
- The truth?
Senor Martinez, the truth is our borders
are fucked up to the point that this case
has no chance in hell of fixing that.
Now, the only chance that we've got is that it'll go away
and hopefully, we pray, nobody else will die
before it does.
You got that?
- Yeah, I got that.
- Good, then get your ass outta here, we're done.
- I spoke to Eduardo, he's coming.
He'll be out in a second. - Thank you, thanks.
- Is everything all right?
- That's Nivea.
- Yeah, I know.
- Something has happened.
- Hey, hey, hey, that's my phone.
- Yes, but you have to listen to this.
- Jesus Christ.
- [Nivea] They mean a lot to you.
- They mean everything to me.
What if, I mean, do you know how dangerous it is
what they're doing?
There's something you're not telling me.
- Yeah, the journey will be dangerous.
But, have faith, have faith that you will be together again.
- I think I gotta go find my family.
- Wait.
Find them where?
Out of the thousands of miles of desert?
Where will you go to find them?
How will you find a needle when there is no haystack?
- Undercover Nivea.
Yeah.
- What?
- Yeah, Undercover Nivea.
You've got contacts.
You know people.
I mean you can help me find my family.
- No.
I'm sorry.
I can't.
- Wait, the lives of an entire people remember?
They demand it.
- You don't have any idea what you are asking of me.
- [Eduardo] Oh please, I'll pay you.
I mean, I'll give you the exclusive on Scalo.
Whatever you want, just help me find my family, please.
(light guitar music)
- This will be our biggest story ever.
- See you.
- See ya.
It affects everyone.
You know what?
The people of your country need to know what's going on.
- My country?
- Yeah.
- This is your country too.
- Well, you know what I mean.
We need to educate the people that most Mejicanos
are good people, just wanting to survive,
to provide a good, safe life for their children.
- I don't like it.
- [Nivea] Why?
- It's too dangerous.
- That's exactly why I have to do this.
Okay, look, the coyotes,
they start in the small villages,
picking up desperate souls in old buses and trucks
where they are hidden beneath rotten vegetables
and dirty tires.
They are told not to worry, everything is gonna be okay.
For hours they hide as the car makes it's way
through the desert.
And, there is no air.
The heat is stifling.
Maybe at that point, they could--
- (speaking foreign language) Nivea.
You don't even have to go undercover.
You've already half the story written.
Stop it.
- Robert.
- Okay, okay, you can do the story but I'm coming with you.
No arguments.
And, I'm not about to let the love of my life
go by herself.
(giggling)
- You are so cute when you get like this.
I've done my homework.
- Mmm hmm.
- What could go wrong?
- Oh no.
- Don't gimme that look.
I'm not that old.
- No, you're as beautiful as ever.
It's just,
I never thought...
Hey, hey it's been five years.
- Yeah.
- Come on.
(giggling)
Gimme a hug.
Come on, have a seat.
- Thank you, thanks.
Thank you.
- [Ruiz] So, how have you been?
- And, what about you?
Did you and Victoria finally tie the knot?
- About three years ago, yes.
- Oh, any children?
- Two girls.
Once they hit puberty, I'm a dead man.
(laughing)
- Yeah you can tell.
- What's up?
- I need a favor.
- For you, anything.
- I need information.
- What kind of information?
- A current list of the active coyotes near the border.
- What are you up to Nivea?
I thought you left that life behind.
After what happened to you and Roberto--
- Nothing happened to me.
- Ah no?
- I'm the one who made it out, remember?
- Oh yeah, I remember.
I remember you weren't breathing when we found you.
What are you involved in, Nivea?
What do you want with the coyotes again?
- (sighing) It's a friend.
He needs my help.
(laughing)
What?
- Finally.
Back amongst the living eh?
(laughing)
- No.
No, it's not like that.
- Oh no?
I don't care what it's like.
It's getting you involved again.
(laughing)
Making you blush.
Even just a beat, it's gotta be a good thing.
(Nivea sighing)
Just promise me one thing.
- What?
- Be careful.
- I'm a big girl now, Ruiz.
- [Ruiz] Yeah.
- I can take care of myself.
- Okay.
(chuckling)
Are you looking for any coyote in particular?
- One serving the villages around Tacambaro.
- Who are they picking up?
- A family, the name is Martinez and papa Rogelio.
- When are they scheduled to leave?
- They fled last night.
- Ha, (laughing).
Of course, making it easy on me as usual, eh?
Come here.
Hey, it's really nice to see you again, Nivea.
- Thank you.
I have to go.
Give me a call.
- Of course I will.
(chuckling)
- Hey I thought we discussed this.
There's no smoking in the building.
(clattering)
- You always in such a pissy mood?
Oh let me guess.
Uh personal problems?
Can't find yourself a lady?
Nice little piece of ass to stay at home
and cook you burritos.
Yeah you gotta be getting sick of eating Taco Bell.
- Oh yeah, that's right.
It's kinda like the same way
you have a hard time finding anything
to fuck in the desert.
How is goat pussy these days?
(laughing)
- That's a good one.
That's a good one.
See, I knew you had a little fire in you.
All right, look, we both may hate it,
but we're on the same team now.
- (laughing) We're a team now?
- Yeah.
Well you help me out of this and well who knows,
some day I might be able to do something for you.
- I doubt it.
- Now see there you go, being negative again.
I mean, never say never.
I mean, I know a lot of people in a lot of different places.
People who might be able to say
help out a family member.
Maybe help out a family member in another country.
Oh come on, Eduardo.
You didn't think I was about to put my life
in your hands without checking up a bit
on you first, did you?
It's a shame about your papa.
Imprisoned for stealing food.
And, now he can't make it into this country.
Well, not legally anyway.
- What are you getting at?
- Regardless of what you may think of me,
I didn't do what I'm accused of.
And, the only way out of this fucked up mess for me
is if my attorney is focused on my case.
How old is that sister of yours now?
16?
Boy I bet the men would like wrangling her around a bit.
- Are you threatening my family?
- Just the opposite.
You realize, of course, that some of these coyotes
get pretty mean, dangerous even.
And, they're not exactly known for their success rate
when it comes to actually delivering their cargo.
Some of 'em just much rather take the money and run.
Well not all of them, of course.
That is unless you happen to know which coyote
has got your family.
I think now would be a pretty good time
for that cigarette, don't you?
- Christ.
- Suit yourself.
Oh Eduardo, Eduardo, Eduardo, (speaking foreign language).
You see me and my boys know every inch of that border.
And, anything that tries to cross it, coyote or otherwise,
we know about it.
- So?
- So, and the best thing about this deal is
there's only one little catch.
- What would that be?
- A get out of jail free card.
You make this case go away
and I will make sure
that you see your family alive.
- Oh my God.
That's extortion and you know it.
- Hardly.
Look, I don't know which coyote has them,
but I will find out.
You see I've got an informant in San Luis.
He gives me reliable information of any large smuggling
of wetbacks or drugs or anything
that might make me and my boys look good
once we catch 'em at the border.
He has ways that I don't know about
that make things work in my favor.
So, pretty much my hands are well, clean.
- So, how can I guarantee you'll get off?
I mean your case is--
- Oh no, no, no, no I don't want guarantees.
I want results.
I mean come on, Eduardo, you're a resourceful fella.
Like I said,
make this go away and you will get to see your family again.
(keyboard clacking)
- Nivea?
- Yeah?
- This is for you.
- Thank you, Michael.
- Thanks.
- You look beat, man.
- I feel beat.
- How's the case going?
- It's not so good.
- Hey, what happened?
- Scalo.
- More insults, huh?
- No I wish it were that easy.
He says he can find my family.
- What? - Yeah.
- Really?
Isn't that a good thing?
- Oh, he says he can find my family
but if things don't go his way,
he will lose them for me.
- Oh shit.
- Yeah, so, that's why I don't feel so good.
- Are you gonna tell the reporter about this?
- Mmm mmm I don't know yet.
- Good luck, man.
- Hey, thanks okay?
(chattering)
(clattering)
(lively guitar music)
- [Nivea] Why don't you try returning a phone call?
- What?
- Why don't you try returning a phone call?
I've been looking for you all day.
I got some info from my contact at Border Patrol.
- And?
- It seems like Scalo's been doing some research of his own.
My guy got a request from Scalo's office
to pay close attention to any immigrants originating
out of Tacambaro.
Slightly coincidental wouldn't you agree?
- Well I was gonna say something.
- Bullshit.
- I was gonna tell you about Scalo--
- When?
- He knows about my family and he told me
that if he doesn't walk, he's gonna find them.
- You should have told me.
- Well, I didn't see how your knowing would help.
- Are you kidding me?
I'm a reporter.
I digest information that can help us in any way.
- Did you say help us?
- Yeah.
(Eduardo sighing)
- I'm sorry about yesterday.
I'm only trying to do my job and help my family, okay?
I'm sorry I don't exactly know how to do that.
- Slow down, Martinez, slow down.
I'm the only person here who's helping you out.
I dare you to try to figure this out on your own.
- You just don't know what I'm going through.
- Ah no?
How did you think I know so much of coyote smuggling?
Research for Arizona Republic?
I've seen what these people go through.
I watched my fiance die because some son of a bitch
smuggler didn't know which direction was east.
Do you know how it feels to watch a Border Patrol Agent
shove your family's body into a bag,
like he's garbage and throw it in a truck?
Do you know how that feels?
I was lucky, I made it.
But, I know it was just luck.
And, I don't want to find out how lucky
your family is.
- Well, what about your friend, that guy at Border Patrol?
- He saved my life.
- I swear I didn't know.
- I'm a survivor as well.
(engine turning over)
- Eh.
(sighing)
(phone ringing)
(speaking foreign language)
- Nivea, it's Ruiz.
I've got some news for you.
- What is it?
- There's a vegetable truck found last night.
Looks like it was used to carry illegals.
- Where from?
- I'm not sure but primarily Central Mexico.
I thought you might be interested.
- Could they be from Tacambaro?
- I'm not sure, I can't say for sure,
but it's a good possibility.
- Oh my God.
It's a long way to the border on foot.
- Yeah, yeah it is.
- I'm coming down there.
- I figured you'd say that.
(knocking)
- I'm coming.
(knocking)
Hold on.
- I just got a call from Border Patrol.
- What happened?
- There was a vegetable truck found
near Tacambaro last night.
- A vegetable truck?
- Yeah, it was used to conceal people inside.
- Were they?
- No they weren't.
But, he said that they could be trying
to walk across themselves.
- Oh my God, come on, we gotta go.
- No wait.
You can't go anywhere, Eduardo.
You have to meet with Scalo.
- Fuck Scalo, this is a lot more important.
- You can't.
We may need his help.
Like it or not I'll go down.
- Well, I'm not gonna let you go search
for my family while I sit here and sit on my hands.
- We have to be smart.
It makes more sense for me if I got down and find them.
I'll call you as soon as I know anything.
Then if you need to come, you can.
- Fine.
Listen, this is all I've got on my family.
It's not much but you can see them here.
Now, Rosita I'm sure she's grown up
but you can always tell it's her
because she always cracks her knuckles
when she's nervous.
- Okay.
Everything is gonna be fine.
If they are there, I will find them.
You worry about Scalo.
- Hey, you've got your phone, right?
- Yeah.
- So, you call me.
- I will.
And, Nivea, thank you really.
She let me kiss her.
(gun firing)
- Sign here.
That should be sufficient.
- So, where in the hell is Martinez?
- He'll be here in just a minute.
- Sorry I'm late.
- Speak of the devil.
- Uh huh.
You know he's not normally late.
- Oh don't worry about it, Mr. Hancock.
Mr. Martinez and I are getting along just fine.
Isn't that right, Mr. Martinez?
- Oh yeah, buddies.
- You see, buddies.
Mr. Hancock, if you'll excuse us,
I'd like a word with my attorney privately.
- Absolutely.
You have a good day Mr. Scalo.
- What a kiss ass.
- Well, you're pretty high on his list of priorities.
- Oh mine too only you don't see me
giving out fruit baskets to potential jurors.
So, think about my offer?
- Oh yeah.
- [Rick] And?
- I've decided to accept.
- Smart man.
Yeah, Scalo.
It's a go.
By the way any luck on finding that Paco asshole,
the one that gets away from us?
- Oh don't worry, you'll get your money.
All right, you let me know.
Thanks amigo.
I'll let you know when he finds 'em.
And, once you get this case cleared up,
you'll get to see 'em.
- Wait, that's not the deal.
You're supposed to get 'em to me first.
- Oh right.
But, then what kind of assurance would I have?
I'm not that stupid, Martinez.
Oh don't worry, they'll be just fine
as long as you do your job.
You might wanna get busy.
You got a whole lot of work ahead of you.
(laughing)
A whole lotta work ahead of you.
- Piece of shit.
(snoring) (crickets chirping)
- So, anything new since we last talked?
- No, we haven't found anyone else
associated with that truck
and we probably won't,
alive anyways.
- Can you give me some places to check out?
- Nivea,
don't take this the wrong way
but I'm not so sure you should be doing this.
I know you wanna help your friend,
but we both know it's more than that to you.
I don't wanna see you blame yourself
if things don't turn out the way you hope.
(sighing)
- Well, as I told you,
I can take care of myself.
- Who is this guy anyways?
I mean, he must be something
to be getting you here doing this.
- Well, it's not about him.
- Not even a little?
- Not even a little.
I just understand what he's feeling and that's it.
- And, what are you feeling?
- No, I'm not looking for romance.
I'm looking for some places
that I might find his family.
- So, can you help me?
- I'm giving you a hard time.
Here.
It's not that extensive but it's all I have.
- No, this is a good start.
Well, I better get going.
I'll call you soon.
- You better.
Nivea.
- Yeah.
- Seriously, be careful.
- Why hello.
Have a seat.
- I just got a list of those testifying
for the prosecution.
Do you know a guy by the name of Carl Taylor?
- Yeah, why?
- Well he's claiming to have heard you confess
to the killing.
- (chuckling) Who the fuck does Carl Taylor think he is?
- How well do you know this guy?
- Why hell, I've known him for years.
We went through training together.
- When was the last time you spoke with him?
- Oh shit, I don't know.
We run into each other all the time.
- It's very important that I know exactly
when you spoke to him last.
- I wanna say it is about a month, month and a half ago,
me and some of the guys went out for a drink
after work to catch the game.
And he was here, he was there.
- Did you discuss your case with him?
- Yeah, some of the guys were giving me a ribbing about it.
I just laughed the whole thing off.
- So, you were laughing about it?
- Hell yeah, I was laughing about it.
This whole goddam thing is a joke anyway.
I was just doing my job.
- Your job is not to shoot innocent children.
- My job is to stop border jumpers
from taking over my home.
What the fuck was I supposed to do, Martinez?
Stand there with my hand on my balls,
wave 'em on, go on kill the little kid?
No, I told 'em to stop and he didn't listen.
I saw him waving something.
I made a decision.
You know your job is to protect the borders of this country,
not to kill a little boy.
I don't see how that fits into that description.
- Well tomato, tomato,
I guess we just see things different.
- So, while you're laughing it up with your buddies,
is this Taylor guy, is he listening?
- I don't know, probably.
- Well he claims to have heard you confess.
- Well, he's a fucking liar.
- And, he's willing to testify.
- Well what are you prepared to do about it, Martinez?
You know, I mean the stakes are getting pretty high
and for both of us.
- I'm gonna call for a Huntley Hearing.
- What?
- It's a pretrial hearing.
I mean was gotta suppress this confession
so it doesn't make it to the trial.
- Oh that's good that's good.
- Well you got two days before the trial.
So, try and keep your bragging to a minimum until then.
(phone ringing)
- Oh shit.
Yeah, it's Scalo.
- [Man] I found 'em.
- Aw that's good, that's good.
- [Man] I'll cross the border tomorrow morning
and I'll have 'em in Yuma for you then.
- Ah ha, that's great news.
Good job, amigo.
Look I'll send my boys around to pick 'em up.
- All right.
- Yeah, (speaking foreign language) to you too asshole.
(crickets chirping)
(groaning)
(laughing)
((laughing)
- [Customs Agent] Where you headed?
- I got a shipment of steaks to drop off.
- [Customs Agent] Frozen steaks?
- And, I gotta get there in a hurry.
- [Customs Agent] Open up the back please.
- Could you open up the box please?
- Eh, you want one?
- [Customs Agent] No, no, I'm okay.
- I'm okay.
Go ahead close it up.
- Anything else?
- Do you have your papers?
- I know, I know, my mom told me I look better
in other pictures.
- Go ahead, here you go, you're all set.
Go ahead.
Go ahead, let him through.
(engine revving)
(Mexican music)
- Welcome to the United States.
- Why good morning, Mr. Martinez.
- Mr. Scalo.
- All rise.
This court is now in session.
The Honorable Judge Luis Camacho presiding.
- Good morning.
What do we have this morning?
- Calling criminal case, S45348,
United States versus Rick Scalo.
- Okay.
Please state your appearance for the records.
- Jonathan Briggs, Your Honor.
- Thank you.
- Eduardo Martinez, Your Honor.
- Thank you.
I understand this suppression hearing is in reference
to the alleged confession made by Mr. Scalo.
- That is correct, Your Honor.
The defense contends that this supposed confession
is a fabrication of Mr. Taylor's,
therefore, inadmissible as evidence in the court.
- Fabrication?
- Yes sir.
- You mean to show that there's no confession.
- Precisely, Your Honor.
- I would like to call Mr. Richard Scalo to the stand.
(rock music)
Just for clarification Mr. Scalo,
you did shoot the boy.
- Well not like that.
I was on my patrol and I saw the boy.
I was still a distance off.
And I could still make out something in his hands.
I thought it was a gun.
And I yelled for him to drop it.
But, he refused and raised it at me.
I fired in self-defense.
- So, you were under the impression
that your life was in danger.
- That is right.
- And, as a Border Patrol Agent you do have the right
to shoot at will if you think your life is threatened.
- That is right.
- On the evening that Mr. Taylor claims to have heard you
make this confession, were there other people there?
- Well it was me and Taylor and three other agents.
- And, are these people here today?
- Yes sir, they are.
- Would you please point them out to the Court?
- Let the record show, Your Honor, that these three men
who were in the presence of Mr. Taylor and Mr. Scalo
would not be witnesses to Mr. Taylor's claim.
- Was there ever a time
when they left the two of you alone, Mr. Scalo?
- Well yeah, one of them might have gotten up
to get a drink or to go to the bathroom.
But, there was always at least one still at the table.
- Okay, that leads me to my next point.
How long were you at the pool hall?
- Oh I'd have to say about three and a half hours.
- And, during that time how much alcohol
would you say you consumed, collectively?
- (chuckling) Oh we had to put down at least eight pitchers.
- Of beer.
- Yeah, yeah, yeah.
- Was there anyone not drinking that night?
- No, no, we were all pretty well tossed.
- Including Mr. Taylor.
- Yeah, including Mr. Taylor.
- So, let me get this straight.
You, Mr. Taylor, and three men go out for beers.
You all get drunk.
Now suddenly Mr. Taylor surfaces with a claim
that you confessed to having killed
Jaime Chavez intentionally.
Now, you deny that claim, there were no other witnesses,
and you were all inebriated.
- Your Honor, it's hearsay that Mr. Taylor
was drunk that night.
- Well, I have three sworn statements here, Your Honor
indicating that these men were drinking that night.
- Bring 'em here please.
You may continue, Mr. Martinez.
- Mr. Scalo, did you confess
to intentionally killing Jaime Chavez?
- No I did not.
- I have no further questions, Your Honor.
(gentle Mexican guitar music)
(doors clattering)
(sighing)
(door clattering)
- [Jonathan] Mr. Scalo, you don't deny
that you shot Jaime Chavez that day, do you?
- No.
- [Jonathan] And, you don't deny
that you went out with Mr. Taylor
that evening, is that correct?
- [Rick] That is correct.
- Isn't it true that you made derogatory remarks
about the victim in question?
- I don't think so.
- You don't think so.
Didn't you say something along the lines of
"Stupid illegal got what he deserved"?
- I don't believe so.
- You don't believe so, hmm.
Well how 'bout, "One less kid to take jobs
"away from my family"?
How does that strike you?
- Yeah, I don't recall saying anything like that.
- You don't recall, oh that's right.
Those remarks were made in the Border Patrol office
the day after the shooting, isn't that correct, Mr. Scalo?
- No.
- Yes it is correct, Mr. Scalo.
I have witnesses who overheard you in the break room.
Witnesses who claim that you make remarks of that type
frequently around work.
You have quite a reputation around Border Patrol, Mr. Scalo.
- All right, look, I believe what I believe.
- But, you don't believe that you confessed
to maliciously shooting Jaime Chavez, do you?
- That's right.
- A person's strength in belief is a fine line, Mr. Scalo.
It can either make you a saint or it can make you a psycho.
Interesting, isn't it?
- Objection, Your Honor.
- No further questions, Your Honor.
(chattering)
(knocking)
- [Woman] Who is it?
- A friend.
- What?
- I'm looking for some people.
- I don't know anything.
- I'm not a cop.
I'm looking for a friend's family.
- Yeah right.
- Yeah a family from Tacambaro.
They tried to cross the border last night.
Do you know about 'em?
- How do you know about this place?
- I got the address from a friend.
- Who?
- I can't tell you that.
- Well, then I don't know anything.
- No, wait.
Please.
- Okay.
- Listen lady, you better be for real
or else (speaking foreign language)
gonna kick my ass for letting you in.
- I swear I just need to see if they are here.
- Well, my cousin dropped off some people
not too long ago.
He said they were walking and he picked them up.
- When?
Last night?
He picked them up.
- Mr. Taylor, would you consider Mr. Scalo your friend?
- More like an acquaintance.
- Just acquaintances?
- Yeah.
- Didn't you used to play
on the same bowling league together?
- We did.
- And, last year, didn't you take a large trip,
some fishing outing together?
- Yes.
- You seem to get along pretty well with your acquaintances.
I usually call those friends.
- Well we've known each other for 15 years now
and we share the same group of friends
but we're not close.
- [Eduardo] I see.
- I felt it was my responsibility to report
any sort of foul play to the proper authorities,
acquaintance or not.
- Very, very good, let's start there.
As a Border Patrol Agent, you felt it was
your obligation to report the confession.
Didn't you feel it was your obligation
to read Mr. Scalo his Miranda Rights?
- No.
- Well you were acting as an officer.
Aren't you required to notify Mr. Scalo
of his rights?
- He's an agent himself.
He knows his rights.
- Oh absolutely, but he wasn't aware
that he was being prosecuted, now was he?
- No, not yet, no.
- Senor Martinez?
Rogelio?
(fingers popping)
Rosita?
Senora Gabriela?
- Okay, they're coming with me.
- No way.
Kiki said to keep them here.
- Okay, now you listen lady.
- But, Kiki said--
- Trust me, he'd agree with me if he knew.
Who's that?
(Mexican guitar music)
- Nobody's supposed to be coming.
- Is there a back door?
Is there?
- [Woman] Hurry, just get out here.
Just hide.
Leave, leave, just leave.
- [Nivea] Thank you.
- Let's pretend that this confession took place.
Not only was Mr. Scalo not read his rights
which impedes on his 5th Amendment privilege
to self-incrimination,
but he was also under the influence of alcohol.
Now that's reason enough to suppress this confession.
On top of that, Mr. Taylor, the only witness
to the confession was you and you, sir,
were under the influence of alcohol as well.
- Look, he said he shot the kid, all right?
The guy hates anyone who isn't like him.
And, he went too far.
That kid didn't have to die.
(Mexican guitar music)
- Where the hell are they?
- [Woman] Who are you guys?
- Don't you worry about that.
- [Woman] Well, how did you get in?
- Kiki gave me the keys right here.
- [Woman] Well, what do you want?
- What do I want?
I'm looking for someone.
- [Woman] Well there's no one here
so you need to get out.
- Okay, we'll find out.
Go check the back.
(speaking foreign language)
Fuck.
- Hell, man I didn't see nobody out front.
- Let's go check out back, come on.
Hey Jake, you see anything out there?
- Nothing out here boss.
- God damn it.
- Are you sure, Jake?
- Positive.
- Come on then, let's get the hell out of here.
- Title 8 section 1357,
powers of immigration officers and employees.
"A, powers without warrant.
"An officer or employee of the service
"authorized under regulations prescribed
"by the Attorney General, shall have the power
"within warrant within a reasonable distance,
"25 miles from any external boundary of the United States
"for the purpose of patrolling the border,
"to prevent the illegal entry of aliens
"into the United States."
Now Your Honor, my client was well within those boundaries.
As with any law enforcement, agents are allowed
to use necessary force to protect themselves.
Now, regardless of any comments Mr. Scalo might have made
in the past, it's really his word against Mr. Taylor's.
And Your Honor, the circumstances regarding
this supposed confession are just inadmissible.
My client was under the impression that the victim
was holding a weapon, albeit of questionable form
but it's not this court's right
to decide just how emotionally threatened
my client was at the time.
(chuckling)
- I'd like to call a sidebar.
- You are so lucky that they didn't find you.
- Si, they're gone, you're safe now.
Yeah, I'll take you to the front.
- Mr. Briggs, it's pretty obvious
that I have to suppress this confession.
- But, Your Honor I implore you to reconsider.
This confession is the basis of the prosecution's case.
- I understand that Mr. Briggs, but there's no way
to ignore the facts.
Both parties under the influence, no witnesses,
and improper procedure, I can't accept
this testimony as evidence against this man.
My hands are tied.
- Without this confession, we have no case.
- I'm sorry.
Mr. Taylor, you may return to your seat.
The circumstances of this situation is no doubt unfortunate.
Ultimately there was a young man shot and killed
and as much as I am not willing to set a precedent
of excusing that act, I am equally against
setting a precedent of prosecuting the very people
who are in place to defend this country.
You made a commitment to your country
to perform your duties as an agent
in the most responsible and civil manner possible.
Your inability to do so in this case was detrimental.
I hereby grant the defense's request
for suppressing evidence.
Mr. Scalo, you're free to go.
(gavel clacking) Court adjourned.
- [Bailiff] All rise.
(laughing)
- You son of a bitch.
- [Eduardo] Excuse me.
- You hotshot lawyer breezing in here
and finding the loophole.
Well, congratulations.
Now Scalo can go out there and keep doing
whatever the hell he wants even if that means
killing innocent kids, you idiot.
- I don't think that you--
- [Carl] That much is obvious.
(laughing)
- Nice work, amigo, nice work.
(sighing)
(phone ringing)
- Please tell me something good.
- I'll tell you three something goods.
- Are you serious?
- Very serious.
- So, they're okay, then.
- Well, they're
hungry and scared but okay.
- Let me talk to them.
- Yeah, okay, wait a minute.
Say hello to your son.
- Thank you.
We'll be there as soon as we can, okay?
- Hey, I just wanna say
that I will never forget this.
- Well, see ya.
(lively guitar music)
(knocking)
(speaking foreign language)
(sighing)
- So.
- So.
- You never told me how the trial went.
- Well, I did what I was hired to do.
And, he walked away.
- Don't think about it like that.
You didn't do anything wrong.
(glasses clinking)
- Now that's a funny thing to hear you say.
Wish I could feel better.
- Well, if it wasn't you, it would have been
someone else representing him.
So, you won.
(chuckling)
I, on the other hand, missed covering
one of the largest cases of my career.
- Oh well, my sincerest apologies
and thank you again.
- No, it's me who should thank you.
I needed to see happy ending.
- Yeah, me too.
(giggling)
What happened?
- They say relationships started
in time of crisis, never last.
It's just too intense.
- Who says?
(sighing)
- (sighing) I do.
- [Man In Van] Mr. Scalo, it's good
to see you again sir. - Whoa, whoa, whoa, whoa
hold on, do I know you?
- Uh we've never been introduced properly, sir.
- Well, what the hell do you want?
- I need to talk to you.
- Well, you can call me on the phone then.
- Wait a second.
Stay.
Keep your hands down, keep your hands down.
Over there.
Just move slowly, slowly.
Don't make anything that's gonna make me fucking shoot you.
And, if you do anything stupid, sir.
Turn around, please sir.
- You are fucking with the wrong man.
- Oh, am I?
(punch thudding)
(car door alarm ringing)
(groaning)
- You're gonna rot in hell for this.
- Bet you're dying to know who the fuck I am, right ass?
- I honestly don't give a fuck.
- And, that's the way you felt when you shot
and killed my son (speaking foreign language).
(laughing)
(coughing)
- Look at me (speaking foreign language).
(spitting)
- So, what are you waiting for, Chavez?
(laughing)
Chavez (speaking foreign language).
(gun clicking)
(crying)
(gun clicking)
(gun butt thudding) (Rick groaning)
(shouting foreign language)
Where the hell do you think you're going?
You don't get away from Rick Scalo.
No you don't.
I didn't do nothing wrong.
All I done was my job, you hear.
All I done,
all I done was my job.
(crying)
My job.
(Rick grunting)
(lively guitar music)
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