03x20 - Death penalty: Final appeal

Episode transcripts for the TV show "Cold Case". Aired: September 2003 to May 2010.*
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03x20 - Death penalty: Final appeal

Post by bunniefuu »

The following story is fictional and does
not depict any actual person or event.

Okay, fellows, you can
use the front door.

And if you need any water or soda,
it's in the kitchen. Help yourselves.

Thank you.
Real nice of you, sir.

So these guys are really ex-cons?

Moving company hires them,
helps them get back on their feet.

Hey, stop that.

You're not worried
they'll steal something?

I think people deserve a second chance.

Like mom?

- That's different.
- Yeah?

Let's not do this here, please.

Fine.

FYI, that's mine.

Where would you like me to put this?

Upstairs, first room on the right.

You ready to see your new room, honey?

Come on.

- Beautiful house, sir.
- I think so.

And you?

I want to go home.

I'll get the rest of the boxes.

I'm doing the best I can here, Kate.

- I miss mom.
- So do I.

Then why'd you put her
in that place again?

- She's sick again, honey, you know that.
- She's not sick!

If she doesn't stop drinking this time,
she's gonna k*ll herself.

I ought to get back down there.

Feel anything?

AC's dead.

It's not even o'clock
and it feels like it's degrees.

Weatherman says no let up in sight.

What's that gonna do?

You feel that?

I think it's working.

Inmate's been calling all morning for you.

Andre Tibbs.

Blast from the past.

Name's familiar.
He on the row?

Got lethal injection for
the r*pe/m*rder of a kid in ' .

You work that job?

Interrogated him, yeah.

He confess? / No. And if the evidence
hadn't been so airtight,

I would've b*at it out of him
for what he did to that girl.

Why's he bugging you now?

My guess? This.

Joey Norman, cop in the th.
Thought I knew him, right?

Turns out the guy was dirty.

Planting dr*gs, taking payoffs.

And now the DA's office is worried
he's screwed up three of their cases.

So the guy blows his brains out last night.

So what's the connect?

Dirty cop, death row inmate...

Andre Tibbs always claimed he was framed
by his arresting officer, Joey Norman.

Homicide.

Yeah, I'll accept the charges.

Andre?

- They call me Mr. Tibbs.
- Right.

A regular Sidney Poitier.

Call me to talk about the movies, Andre?

I heard about that dirty cop
Norman offing himself.

What'd I tell you?

Got nothing to do with your case.

Man arrested me,
remember? Framed me.

Nabbed that letter from
from my back pocket.

That letter was never
going to prove you innocent.

But it'd prove that cop a liar.

Then maybe you'd believe my story.

Tell it to your lawyers.

I'm done with them snakes in the grass.

- I'm telling it to you.
- Nobody framed you, Andre.

So what if he did?

You're not gonna wonder about that?

Why should I?

My execution is set.

They're gonna k*ll me in three days.

Cold Case
x . Death Penalty: Final Appeal

ORIGINAL AIR DATE ON CBS: / /

Never thought I'd be so happy
to be coming down here.

Only cool spot in the whole place.

What do we got?

Kate Lange, ,
r*ped and stabbed to death.

Andre Tibbs was the only suspect.

He'd just been released from county.
Did three years for as*ault.

Was working for a moving company
at the girl's house the day of the m*rder.

That night, Kate's father heard
a noise, came downstairs,

saw Andre standing over
his daughter's body.

Made a positive I.D.

Officer Norman caught Andre running
from the scene with blood on his boots.

Blood that matched the victim's.

That's open and closed.

What about this letter Andre claims
this dirty cop took off of him?

Some apology to Mr. Lange
for mouthing off during the move.

Internal affairs would have the letter now.

They've been through Norman's desk,
locker, house. / If it exists.

State's k*lling him in three days.

Don't need anyone wondering
if we got the right guy.

Got to you, huh?

This all a game to you, Andre?
Getting your kicks before you die?

Get them while I can.

And you are?

Detective Miller.

Welcome to the row, baby girl.

Don't you baby girl me, Tibbs,
or your black ass goes back to isolation.

Got to earn it first, right?

You find the letter that cop took?

- If there was a letter.
- There was.

Even so, be a long sh*t
officer Norman held onto it.

Forget the letter.

The blood, the I.D,
that's your problem.

Look, I said a million times

that there was blood on my boots

because I was inside that house.

Delivering that apology letter.
Right.

I lost my cool earlier that day.

I went back that night,
the door was open.

I go inside,
and that's when I seen her.

And you just up and ran.
Why not help?

Look in the mirror, brother.
You would've run, too.

- I didn't k*ll anyone.
- Neither did I.

Bottom line is,
that girl's father saw you.

And I told you again and again
that that man is lying.

Why would he do that?

Because I pissed him off that day.

Dad, what are we doing for dinner?

I haven't thought about it yet.

Do we have chocolate milk in the fridge?

The fridge isn't plugged in yet, honey.

Hey, the vanity and the mirror,
you wanted that in your room, right?

Whatever.
It's not even mine.

One of the last things to bring in there.

I'm on it, boss.

can be tough, huh?

- You got kids?
- Girl, same age.

Me and my daughter
always been close though.

Sometimes they turn out that way.

Lucky.

Need a break there, Andre?

I'm just, uh,

just getting my grip, boss.

He okay?

Yeah, he's got his problems.
Drinking.

Hey, let me help.

No, no, I'm good.

It's okay. This is valuable.

Belonged to my wife when she was a girl.

Please, let it go.
You're making me look bad now.

- Let's just put it down.
- No! Come on!

What the hell is wrong with you?

I asked you to let it go.
I said I had it.

- Well, you didn't!
- Look, get out of my face.

- You have any idea what you just did?
- I said get out of my face!

You're done, Tibbs.

Look, I need this job.

Sorry. Clear out.

So you got fired, left...

then what?

I started off strong that day,

but by that point,
I needed a drink, bad.

So back to my corner stool I went.

Right. Get your courage up,
start thinking about that little girl. / No.

Got my courage up
and wrote up that apology.

Why'd you wait till A.M.
to drop it off?

Because I thought if I could
just make it to last call

and not pick up my glass
that I would have a,

I'd have a chance at a life.

Time's up, Tibbs. Let's go.

Less than three days left and counting.

Why not go out by telling the truth?

Like I said, I already did.

I never believed in the death penalty.

But the minute I walked into
that kitchen and saw my girl?

my thinking changed right there.

- And you're sure Andre Tibbs did it?
- Of course I'm sure.

'Cause you positively identified him
as the man who k*lled your daughter.

Yes, I did.

And you're sure officer Norman
didn't influence that call?

If you're % certain he did it,

we just need you to tell us that.

I was the one who found
Kate's body that night.

Somebody had to pay.

I heard a noise.

I came downstairs, I saw my...

Take your time.

Is that him?

From the moving company.
He was here today.

And is he the man you saw

in your home tonight?

I hired him.
I brought him here.

Mr. Lange.

I need you to focus, all right?

Is that the man you saw?

I didn't see...

I heard something,
footsteps, running.

I found him three blocks from here,

running with blood on his boots.

He did it.
You know it, I know it.

He's got to pay for that.

Let's start over, Mr. Lange.

Is that the man you saw tonight?

Yes.

My daughter's blood was on his shoes.
It had to be him.

But you didn't see Andre
in your house that night?

You never saw him, did you?

No.

I never saw anyone.

What the hell is this all about?

Don't sit.

Mike Lange changed his story.
I.D. in his daughter's case is no good.

We want access to the evidence
in Norman's case.

I.A. isn't granting it.

Tibbs ran through all his appeals.
Case is closed.

If Norman tampered with evidence,
the integrity of the case is...

I prosecuted this.
Busted my ass.

You questioning my integrity?

I.D. is out the window.
That doesn't mean anything to you?

This guy stupid or what?

Speculation that another case was tainted
by officer Norman is just that speculation.

Danner, I know you've already taken hits
on your cases because of Norman.

Search warrant's all we're asking.

Internal affairs will get through
the inventory on their own time.

That could take years.
Andre Tibbs has got two days.

Tough. / So if an innocent man dies
tomorrow night, you don't care.

I've told you our position on this.
Now, please...

before I drop-kick
you both out of my office.

You know, I was, I was trying to do
some good by hiring these ex-cons.

Then this little girl ends up dead.

Worst nightmare, huh?

If something like that happened
to my daughter,

I don't know how I'd go on.

She's all I got in this world.

Mr. Nelson, you had trouble with Andre
that day, over him breaking a mirror?

Yeah, I suppose so.

Before he walked off the job,

do you remember him threatening
Mike Lange or his daughter? / No.

Notice anything odd, maybe how
Andre was looking at her?

Hey, I'm realistic.

You know, some guys'll look
at any girl, young or old,

but my concern was "don't touch."

- And Andre, did he touch?
- No.

You know, I was trying
to keep my business alive.

I didn't think it mattered.

Understood. Go on.

That day, early on,
before I fired Andre,

Mr. Lange offered to buy us lunch.

So he gave me his car keys, and, uh,

I gave them to Andre.

- Here.
- What's this?

That's the keys to Mike's car.

He buys, we fly.
Better I stay here.

But you're sure he'd want me in his car?

Yeah, go on, hurry up.

Make it burgers, okay?

Heading out?

- How about getting us some beers?
- Leave him alone, Barbie.

Sorry, girls, can't do that.

- So what's prison like?
- Shut up, you dork. God!

I mean 'cause you can totally tell us
if you got shanked and stuff.

Beep, beep, beep.
Paging Mr. Drug dealer.

You're a total freak.

You wanna give me that back
so I can do this food run?

- Give it back.
- Not till he answers my question.

So why were you in prison?

- Sure you want to know?
- Yeah.

b*at a man almost to death.

- Why?
- Why what?

Why do that?

I was drunk, that's why.

Guess that's why no beer run, huh?

Give him his pager, Barbie.

You need some help getting food?

Andre, you still here?
We're getting hungry! Let's go!

Exactly how long were they gone?

Well, long enough.

Burger place wasn't that far.

So long enough to make
a set of those keys.

Which could explain why no forced entry.

Andre never got out of the car.

Those keys never left the ignition.

Read this interview
you gave back in ' ,

and nowhere in here do you mention
driving off for a long lunch with Andre.

I was .

I wasn't gonna let my parents know
I tried to seduce an ex-con.

So this Andre,
he stop anywhere else?

Like a key place?

Just the burger joint.

You two were gone quite awhile.

'Cause I gave him wrong directions.

Wanted to get lost with him.

But he didn't go for it.

Got anything else to tell,
now's the time.

It was my fault.
What happened to Kate.

Why do you say that?

I was always looking for a hookup,
even when there wasn't one.

Need to wrap these boxes a little better.

Oh. Sorry.

This box go up to your room?

Nope. Attic.

You sure about that?

Nice photo.

I learned how to use a timer that day.

- My mom taught me how.
- Did she?

Are you better?

Better?

The drinking.

Forget it, it's none of my business.
I'm acting like Barbie now.

No, everyone's got their own point,
see, their, their own bottom,

when there's no place lower
you can go but there.

And when you hit that, you die.

Or you close your eyes and believe.

Believe what?

There's something bigger out there
than what's eating you alive.

Something better.

Is there something better?

It's up to you to find it.

What if you don't?

Andre.

Need your help out here.

You might want to hold onto that.

Maybe I will.

They had this connection, and I didn't
want her to just leave it at that.

So what'd you do about it?

I got Andre's number off his pager.

And did you use it?

Not me.

I dared her to page him.

Bugged her all day.

- And she finally did.
- Late that night.

And he called right back.

So Andre called Kate
the night of the m*rder.

You called Kate Lange the night she d*ed.

- What?
- After she paged you.

- What are you talking about?
- We got her phone records, Andre.

Shows all the outgoing numbers that night.

This one look familiar?
Your pager.

I lost my pager that day
during the move.

- That's the truth.
- Sure you did.

I never called that girl.

- I got no reason to believe you.
- It's true.

- You had her blood on your boots.
- I found her body.

- You r*ped and k*lled her.
- I didn't!

In the den, earlier that day,
you were alone with Kate. / What?

That photo of her mom on the beach?

Finding something bigger,
something better? Want me to go on?

There's some things that ain't
got nothing to do with this case.

If you spent time together,
it's got everything to do with this case.

Look, I say different.

I don't see how talking about
old chitchat's gonna help me.

Maybe it'll lead us to the truth,
lead you to the truth.

I'm not gonna tell you I did it
if that's what's going on here.

We're way past lies, Andre.

Today's the day.
You got seven hours left.

We're not so different, you and me.

You and me are nothing alike.

Two black men from the same neighborhood...

if the ball had bounced
just a little bit different,

you could be sitting over here
and me over there.

I never r*ped and m*rder*d a little girl.

Neither did I.

You want to spend your last hours
on earth telling yourself more lies...

be my guest.

Where you going?
Hey, don't walk away from me!

Do not walk away from me!

Mr. Lange.

I was on my way to the prison.

Execution's set for midnight.

- How can we help you?
- Barbie called today.

She's torn up.

She blames herself
for what happened to Kate.

But it wasn't her fault.
It wasn't anyone's fault.

- No.
- Except him.

And that's why I'm here. I know
he's the one who k*lled my daughter.

Okay.

But I want to come clean about everything.

He called Kate that night.
On the phone.

- You knew about that?
- It was almost midnight.

I heard the phone ring,
the two of them talking.

Why not tell the police about it?

More evidence against Andre.

I didn't think I needed to.
I figured you had him dead to rights.

And because, with no forced entry,
you were worried Kate let him in.

If word had gotten out about that,

people would've said
she brought it on herself.

Right.

I have this...

dream some nights.

I'm back at the old house

and Kate and her mom are there,
we all are.

And Kate is smiling.

She's so happy.

And she says to me,

"daddy."

"we're home."

Sorry my dad was yelling at you today.

I've got to go.

- Who's calling at this hour?
- No one.

"Andre"?
The moving man?

What? No. God.

Why are you talking to him, Kate?

You wouldn't understand.
Forget it.

Try me.

I gave her...

all the chances I could, your mom.

But sometimes, if something breaks
inside a person, it can't be fixed.

I know this isn't home, Kate,

but maybe it will be one day.

Hey.

The fridge is working now.


Got your chocolate milk, too.

I love you, daddy.

Love you, too.

We never had a chance to start over.

- That night wasn't your fault.
- Yeah.

Well, I better get going.

- It's getting close to time.
- Yeah.

You sure you want to be there?

I've been lost for years.

Maybe this will bring some peace.

Wasn't sure you'd come back.

Been better if you'd asked
for a spiritual advisor or a priest.

Priest can't help me now,
you can.

How am I going to do that?

I'd have to believe you're innocent.
I don't.

But you did.

Somewhere along the way.

So maybe you will again.

You know nothing's changed.
Your execution is going ahead as scheduled.

I've been informed.

Heat's about to break.

You can feel it.

Every since I ripped up my knee
playing summer league,

I could always tell
when the rain's coming.

Basketball.

Ninth grade and it was all over.

I wasn't going pro or nothing.

But one college was looking at me.

Pretty sure I could have got that.

Tore up my knee playing linebacker.

Yeah?

Never got the benefit of predicting
the weather, though. Just the pain.

I saw a man die once.

In this place, years ago.

He lived a life full of lies.
So many lies, he couldn't see through.

But in here,
in those last moments,

you could see in his eyes
he was ready to tell.

Tell what?

The truth.

Let's go, Tibbs. It's time.

Got a dead man walking here!

Any last words, Tibbs?

I'm sorry for you, sir.

She was a nice girl.

Maybe this will help you somehow.

Last moment.
Time for truth, like you said.

I'll tell it to you,

but all it is is what
I've been saying all along.

Hello?

Are you all right over there?

Hello.

Oh, god.

I got to get help.

- Faith...
- What?

- Faith.
- Faith?

You found faith?

Didn't I tell you you would?

See, you're not alone, all right?

I'm gonna go get help.

Don't leave me.

There's something out there
bigger than what's eating me alive.

Something better.

And if that little girl found it,

I'll find it, too.

I gotta believe that.

That I'll find some peace.

Look into my eyes.
It has been there all along.

Truth.

Prove me innocent.

Will, what are you doing?

You know we don't got
a warrant to be here.

Andre's letter.

- Son of a bitch.
- I didn't believe him.

You believed the cop.
You should have been able to.

Good thing Norman ate his g*n
or I'd be feeding it to him right now.

What's it say?

"Dear, Mr. Lange."

"I've been sitting
in this bar two hours now,"

"trying to make sense of the
world on a piece of paper."

"But maybe there's just
this place in the end,"

"this drink I'm staring into,
this last stop on the road."

"Today I told your girl there's
something bigger out there,"

"something better,
and she's got to find it."

"Make sure she does."

"'Cause it's out there,
it's got to be out there."

"Don't lose her like I lost my family,"

"like my boss fell out with his daughter."

"just up and ran away,
no idea where she went."

"She's got to keep looking. Me, too."

"'Cause I know, one day,
we'll both find it."

Signed, Andre Tibbs.

So Andre's boss's daughter split on him?

Got to be Wayne, right?

Wayne, who goes around saying
how close he and his kid are?

What the hell is this?

You jerk me around for three days,
when you knew this was here?

The Lange case is closed.

You lie to my face, let a man die.

And you're giving me a tone?

There is nothing there. Nothing.

You're no better than Norman.

Kate's k*ller was ex*cuted last night.

- Now, do I need to say it any slower?
- No.

That's just right.

You're done.

You're gonna be back in blues!

You're gonna be riding a mount for this!

Wayne Nelson's daughter,
the one he claims he's so close with?

Turns out she booked out years ago.
No contact since.

Not my definition of "close."

And guess what her name is? Faith.

And "Faith" is what Kate was saying,
right when she d*ed.

Maybe a coincidence.

- We track her down?
- Nah. Lil's talking to her now.

I know this is hard to talk about, Faith.

It was years ago.
I'm okay.

Your dad's under investigation
for a young girl's death.

Okay.

And that doesn't surprise you?

Not really.

I know there's not too many reasons
a girl would walk out on her dad

and never look back.

No.

When did it start?

When I was .

I thought it was normal.

How could you know different?

By your learning.
Day after graduation, I was gone.

Heard from my friends he was calling
them times a day, frantic to find me.

- Did he?
- No.

And then, one day,
he just stops calling.

Never heard from him again.

You remember when that was?

Never forgot.

June ' .

That's the same month
Kate Lange was k*lled.

You know what your detective
did to me this morning?

It's going around.

I want to know how
he's gonna be disciplined.

Danner, he watched a man
die last night.

Heat broke.

Andre was right.

Got Wayne Nelson's phone records.

There was one outgoing call made
the night of Kate's death.

To the Lange house.

Nelson's here now.

Go do the interview.

All I'm seeing here is business as usual.

I said I want that detective punished.

Yeah, I heard you.

But this is our house,
and I said he's doing the interview.

Don't make me drop-kick you out of here.

So you said something about a follow-up?

- New developments.
- Like?

Like you talking on the phone with Kate
Lange, the night she was m*rder*d.

- What?
- That's what I said.

Saying you didn't hear
Andre's pager, Wayne?

The one he left behind.
You didn't make a call?

No, no, no, no.
You're right.

- Uh, but she was looking for Andre.
- Good answer.

'Cause we checked
with the phone company.

Yeah, in fact, uh...

It was funny because, um,
at first, she thought I was Andre.

Recall how that went?

Yeah, I called her back,
and she was off and running,

saying she wanted to finish our talk.

Of course, uh, I stopped her,
and set her straight that it was me.

Sure you didn't
take advantage of the mix-up?

For a guy like you, had to be
an opportunity of a lifetime.

- A guy like me?
- We know about Faith,

what you were doing to her
all those years.

- I don't like what you're implying.
- I don't like it either, Wayne.

In fact, it makes me sick.

I know what you are.

A degenerate like you gets a chance
to prey on a teenage girl,

and it's only weeks after Faith
walked out forever.

- Don't talk about Faith!
- I'll talk about her all I want.

And, by the way, she hates your guts.

So, now, along comes another young girl,

one who reminds you of Faith.

You hear her voice on
the other line, late at night...

Don't tell me you're not going
over to get your jollies.

You were missing your daughter.

Maybe you only meant to
go talk with this girl.

She wasn't half as sweet as my Faith.

'Cause she wasn't beaten down by you.

Probably told you to keep
your dirty hands off her.

Oh, you got a sharp mouth.

She talked back to me...

and fought me.

Not like my good Faith at all.

Shouldn't be calling ex-cons.

You're lucky you got me and, uh...

not Andre.

That was you on the phone?

You don't call men

in the middle of the night.

'Cause you don't know
where a wrong mind can go.

You understand, Faith?

What did you call me?

- Come here.
- My dad's coming down.

Any minute now.

That's enough, Faith.

I'm not Faith.
Get outta my house.

Don't fight me.

- I'm not Faith. I'm not Faith.
- Don't you talk back to me.

You don't want me to hurt you.

You're always my nice girl.

Don't hurt me.

♪ John Cale's "Hallelujah" ♪

♪ I heard there was a secret chord ♪

♪ that david played
and it pleased the lord ♪

♪ but you don't really care
for music, do you? ♪

♪ It goes like this
the fourth, the fifth ♪

♪ a minor fall, a major lift ♪

♪ the baffled king composing hallelujah ♪

♪ hallelujah ♪

♪ hallelujah ♪

♪ hallelujah ♪

♪ hallelujah ♪

♪ your faith was strong
but you needed proof ♪

♪ you saw her bathing on the roof ♪

♪ her beauty and the moonlight
overthrew you ♪

♪ so she tied you to a kitchen chair ♪

♪ she broke your throne
she cut your hair ♪

♪ and from your lips
she drew the hallelujah ♪

♪ hallelujah ♪

♪ hallelujah ♪

♪ hallelujah ♪

♪ hallelujah ♪

♪ Maybe there is a God above ♪

♪ but all I've ever learned from love ♪

♪ was how to sh**t somebody
who outdrew you ♪

♪ And it's not a cry
that you hear at night ♪

♪ It's not somebody
who's seen the light ♪

♪ It's a cold and
it's a broken hallelujah ♪

♪ hallelujah ♪

♪ hallelujah ♪

♪ hallelujah ♪

♪ hallelujah ♪
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