ABOUT FACE!
ABOUT FACE!
HELMUT (V.O.):
MY DEAR PARENTS.
I PRAY THAT BY THE TIME
YOU RECEIVE THIS LETTER,
I SHALL HAVE ATTAINED
MY LIFE'S DREAM.
TO CROSS BEYOND
THE WATCHTOWER  AND WALL
OUTSIDE MY WINDOW
TO THE LIFE ENJOYED BY
THE MAJORITY OF PEOPLE
IN THE WORLD.
A LIFE IN WHICH
ONE CAN CHOOSE
WHERE AND HOW TO LIVE.
AND THOUGH IT HURTS ME TO KNOW
THAT I MAY NEVER SEE YOU AGAIN,
A PAIN THAT I KNOW YOU SHARE.
I ASK YOU TO FORGIVE ME,
AND UNDERSTAND THAT I MUST BE
WITH MY CHILDREN IN THE WEST.
- AND THEN WE TAKE A SHIP.
- POLAND, WHY POLAND?
- BECAUSE YOU CAN GO
THERE  LEGALLY.
NO ONE WILL RECOGNIZE YOU.
YOU GO WITH YOUR OWN I.D.S.
YOU'RE ON VACATION, YOU WANT TO
VISIT A MUSEUM, WHATEVER.
NO PROBLEM.
AND THEN YOU JOIN  US.
IN TWO DAYS.
AS A WEST GERMAN, I CAN TRAVEL
AS I PLEASE.
I DECIDE TO TAKE A VACATION.
I MEET YOU IN GDANSK,
GIVE YOU THE FORGED PAPERS
AND I.D.S,
AND YOU BOARD THE SHIP
THAT TAKES YOU TO HAMBURG
OR BREMEN.
WHAT IS IT, SIGRID?
- HUH?
OH...
IT SEEMS NOW SO POSSIBLE, BUT...
I'M FRIGHTENED, HANS.
IF MARINA GOES TO--
- NO.
SORRY. THINK POSITIVE.
- YEAH, BUT...
- POSITIVE!
WHEN HANS ASKED ME
TO GO WITH YOU,
I JUMPED AT THE CHANCE.
IT'S A GOOD PLAN.
HANS, YOU AND MARINA HAVE A LIFE
TO LIVE, A FREE LIFE!
AND I, MY BOYS ARE THERE,
AND I'M HERE.
MY GOD.
I'LL NEVER SEE THEM AGAIN
UNLESS WE TRY THIS.
IT'S OUR ONLY CHANCE.
[UPBEAT MUSIC PLAYS]
[SINGING IN GERMAN/ENGLISH]
LUTZL!
LUTZL!
ZOO STATION. LOCKER 13.
SIGRID, I'M NOW
AT THE ZOO STATION.
MY TRAIN LEAVES
IN HALF AN HOUR.
SEE YOU TOMORROW IN POLAND.
SIGRID, DON'T WORRY,
I'LL BE CAREFUL.
DISPATCHER:
DEPARTING FROM TRACK 1,
THE WARSAWLENINGRAD EXPRESS
WITH CONNECTION TO GDANSK.
WHAT DO YOU WANT!
LET ME GO!
LOOK!
(ANNOUNCEMENT IN POLISH)
- THAT'S NOT HIM.
- LET'S GO. HURRY.
LADIES AND GENTLEMEN.
PLEASE FASTEN YOUR SEATBELTS,
WE WILL BE TAKING OFF
IN A FEW MINUTES.
THANK YOU.
[BELL RINGS]
STEWARDESS OVER LOUDSPEAKER:
LADIES AND GENTLEMEN,
CAPTAIN WISNIEVSKI INFORMS YOU
THAT WE HAVE START OUR DESCENT
TOWARDS SCHOENEFELD...
- REMEMBER, YOU HAVE NOTHING
TO DO WITH THIS.
- I KNOW.
- AND SAY NOTHING ABOUT HANS.
- I'M SO AFRAID.
- NOTHING.
STEWARDESS: THE TEMPERATURE
IN BERLIN IS 24 DEGREES.
THANK YOU.
CAN I HELP YOU, SIR?
- NO, THANK YOU.
HI.
I HATE FLYING.
-WHAT--
- QUIET!
I DON'T WANT TO HURT YOU.
RADIO: THIS  IS BERLIN,
US  MILITARY AIRPORT.
FLIGHT 165, WE HAVE BEEN ADVISED
BY SCHOENEFELD AIRPORT,
FOR EAST BERLIN,
OF YOUR PRESENT EMERGENCY.
DO YOU CONFIRM?
- UH, THAT'S ACKNOWLEDGED.
- BRING OUT THE CRASH PHONE.
WE HAVE RADAR
ON A POSSIBLE HIJACK.
- PREPARE FOR EMERGENCY
DIVERSION.
LANDING AT TEMPLEHOF.
- PERMISSION GRANTED,
FLIGHT 165.
RADAR CONTACT.
WE'RE HEADING 1-8-0.
PREPARE FOR A VISUAL
AT TEMPLEHOF.
PLEASE ADVISE WHEN YOU HAVE
THE RUNWAY IN SIGHT.
- PILOT: ROGER, BERLIN.
I HAVE THE RUNWAY.
- FLIGHT 165.
CHECK WHEELS DOWN.
- 0-5 CLEARED TO LAND.
ROLLING 2-7 LEFT.
- ROGER, BERLIN. COMING DOWN.
LISTEN. IF YOU WANT
TO GET OFF THE PLANE
AND STAY, YOU ARE FREE!
CONTROL TOWER: FLIGHT 1-6-5,
THIS IS TRANSIENT CONTROL.
HOLD YOUR POSITION.
SHUT DOWN YOUR ENGINE.
OPEN YOUR HATCHES
AND PREPARE FOR OFFLOAD.
ACKNOWLEDGE.
THROW DOWN YOUR GUN!
- SECURITY PERSONNEL
TO THE PROCESSING CENTER.
WELCOME, WILLKOMMEN
TO FREE WEST BERLIN.
ASK HIM AGAIN,  DID HE HEAR
ANYTHING OR DID HE SEE
- ASK THEM AGAIN.
DID HE HEAR ANYTHING?
OR DID HE SEE ANYTHING?
ALSO NOCHMAL. HABEN SIE ETWAS
GESEHEN? HABEN SIE ETWAS GEHORT?
NEIN., PLEASE COULD I
USE THE TELEPHONE?
YES. YOU ASK THEM
TO THE PHONE.
- WHAT ABOUT THE WOMAN?
SIGRID RADKE AND HER DAUGHTER
WERE TRAVELING WITH YOU.
YOU MEAN TO TELL ME THEY DIDN'T
KNOW WHAT WAS GOING ON?
SHE HAD NOTHING
TO DO WITH THIS.
I TOLD YOU BEFORE.
I DID IT BY MYSELF,
I DID IT FOR MYSELF.
THIS IS WHAT I ALWAYS
WANTED FOR YOU.
MAMA, HOW CAN I STAY HERE
WHEN YOU ARE SO SICK?
NO, NO.
DON'T WORRY ABOUT ME.
TAKE CARE OF YOUR FAMILY.
I CAN'T TALK MORE.
I LOVE YOU.
MAMA?
MAMA!
- THE HIJACKING
OF A POLISH AIRLINER
TO WEST BERLIN SATURDAY
WITH 63 PASSENGERS
AND 8 CREW MEMBERS ABOARD
ENDED PEACEFULLY
WHEN THE ARMED AIR PIRATE,
HELMUT THIELE,
AN EAST GERMAN WAITER,
SURRENDERED TO
AMERICAN AUTHORITIES
AT TEMPELHOF, THE UNITED STATES
MILITARY AIRFIELD HERE.
THE HIJACKER, WHO WAS DISARMED
BY U.S. AIR FORCE PERSONNEL,
WAS TAKEN INTO AMERICAN
CUSTODY
ALONG WITH WOMAN AND A CHILD
IN HIS COMPANY.
U.S. OFFICIALS SAID 8 OTHER
PASSENGERS,  ALL EAST GERMANS,
ASKED FOR ASYLUM
AND WERE TURNED OVER
TO WEST BERLIN REFUGEE CENTER.
- WE ARE SO LUCKY.
- JA, DAS STIMRNT.
HELMUT V.O: THE FACT, THAT I AM
ABLE TO EXPRESS
MY FEELINGS
NOW WITHOUT FEAR...
FILLS ME WITH HAPPINESS.
I PRAY THAT YOU WILL SEE THIS
LETTER AND SMILE FOR ME.
WOMAN: B-E-A-R.
- CHILD: B-E-A-R.
AND HE MAKE...WAAAH!
- WAAAAH!
- AND NOW CAT.
- GOOD MORNING.
- OH. HELLO.
- I'M SORRY TO INTERRUPT YOU.
YOU LOOKED LIKE YOU WERE HAVING
SO MUCH FUN.
- WE ENJOY THE NEW PRESENT VERY
MUCH, THANK YOU.
I THOUGHT IT MIGHT BE KIND OF
A PAINLESS WAY TO LEARN
SOME ENGLISH.
HOW ARE YOU TODAY, MARINA?
- GOOD MORNING.
- GOOD MORNING. MORE BOOKS?
NO. NO BOOKS TODAY,
BUT I DID BRING YOU SOME...
CHOCOLATE.
THANK YOU.
YOU'RE WELCOME. [LAUGHS]
FRAU RADKE, I HAVE SOMETHING
FOR YOU, TOO.
- OH, YOU YOU BROUGHT ME
SOME BOOKS?
- THIS IS A SHORT STATEMENT
WE'VE PREPARED.
- OH...
- A FORMALITY, A RELEASE.
- I CAN'T BELIEVE THAT.
WHY NOW, AFTER SO LONG?
- SIGRID, WE TRUST YOU,
WE BELIEVE YOU.
MR. LAEUFER WILL BE TAKING YOU
TO A WEST BERLIN REFUGEE CENTER.
THEY'LL GIVE YOU
IDENTIFICATION PAPERS, MONEY.
THEY'LL HELP YOU FIND A JOB, A
PLACE TO LIVE.
- AND  WHAT ABOUT HELMUT?
WELL, NOT YET.
WITH HELMUT, IT'S A LITTLE BIT
MORE COMPLICATED.
"ON BEHALF OF MY DAUGHTER
MARINA RADKE,
"I HEREBY RELEASE
AND FOREVER DISCHARGE
THE UNITED STATES GOVERNMENT."
- WE ARE ALL SIGNATORIES
TO THE INTERNATIONAL COURT
AGAINST HIJACKING.
INCLUDING WEST GERMANY,
FOR GOD'S SAKE.
AND THAT AGREEMENT
REQUIRES PROSECUTION
OR EXTRADITION BACK
TO THE EAST
TO FACE  PROSECUTION THERE.
AND IT'S POLITICAL SUICIDE
FOR THE WEST GERMANS
TO DO EITHER.
WHAT THE HELL DO THEY PUT IN
THEIR COFFEE AROUND HERE?
- SO, BONN WANTS OUT?
- YOU BET THEY WANT OUT.
WE ARE IN ONE HELLUVA BIND.
WE HAVE TO PROSECUTE.
STATE HAS A MESS
AND JUSTICE MUST CLEAN IT UP.
- COURTROOM.
- YES. AND BONN IS PAYING
FOR EVERY NAIL. EVERYTHING.
THEY ARE PAYING US TO PROSECUTE
THE CASE FOR THEM.
BUT UH, WHAT WE NEED
IS A RELIABLE JUDGE.
AS A DIRECTOR
OF FOREIGN LITIGATIONS,
MAYBE YOU CAN HELP US FIND ONE.
- ACCORDING TO THIS REPORT,
THERE WAS A JUDGE.
YEAH, WELL, HE BAILED OUT.
LEFT US HOLDING THE BAG
WITH THREE DEFENDANTS
IN THE BAG.
THEY'VE BEEN IN CUSTODY
FOR MONTHS.
NOW THE EAST IS DEMANDING EITHER
THEIR HEADS OR THEIR BODIES.
SO WE HAVE TO DELIVER SOMETHING
IF WE WANT THEM
TO PROTECT OUR CIVIL AVIATION
FROM OTHER  SUCH  EXCURSIONS
TO CUBA, FOR INSTANCE.
- YEAH, YEAH, YEAH.
YOU SAID A RELIABLE JUDGE.
- YOU KNOW WHAT I MEAN, BRUNO.
A TOUGH, NO NONSENSE JUDGE.
POSSIBLY A FORMER PROSECUTOR.
WE NEED THIS THING OVER WITH
ONE, TWO, THREE.
DOES ANYBODY SPRING TO MIND?
GOOD MORNING, JUDGE.
- BRUNO, WELCOME ABOARD.
DID YOU TAKE YOUR SHOES OFF?
- I  REMEMBERED.
- [LAUGHS] I'LL BE RIGHT
WITH YOU.
JUDGE: ♪ BORN ON
THE FOURTH OF JULY ♪
♪ I'VE GOT A YANKEE DOODLE
SWEETHEART ♪
♪ SHE'S MY YANKEE DOODLE NOW ♪
♪ YANKEE DOODLE WENT TO LONDON
JUST TO RIDE THE PONY ♪
♪ I AM THAT YANKEE DOODLE GUY ♪
♪ I'M A YANKEE DOODLE DANDY ♪
YANKEE DOODLE DO OR DIE
♪ A REAL LIVE NEPHEW
OF MY UNCLE SAM ♪
♪ BORN ON THE FOURTH OF JULY ♪
I'VE GOT A YANKEE DOODLE SWEET--
OH, MY.
MARSHA WOULD LOVE THIS.
I DIDN'T REALIZE
THE JUSTICE DEPARTMENT
HAD A MAID SERVICE.
THANK, YOU, BRUNO.
- IT WOULD APPEAR,
ESTEEMED JUDGE,
THAT YOU'RE THE ONE
WHO HAS BEEN CLEANING UP
SIX MAYORS AND UH...
- EIGHT.
- WELL, WHO'S COUNTING?
(LAUGHS)
WHAT IS IT, A COUPLE OF
STATE SECRETARIES,
STATE TREASURERS.
EXTORTION, BRIBERY.
FRAUD.
YOU SHOULD HAVE HAD A SIGN
OVER YOUR DOOR.
"ABANDON HOPE
ALL WHO LITIGATE HERE.
- (LAUGHS)
- YOU WERE NOT
SUCH A BAD PROSECUTOR.
DO YOU MISS IT?
- WHAT DO YOU THINK?
THEY'VE BEEN IN THE CUSTODY OF
THE UNITED STATES THAT LONG
THAT LONG WITHOUT A TRIAL
OR A HEARING?
- THE MAN STILL IS.
THE WOMAN AND THE CHILD
WERE RELEASED
DUE TO LACK OF EVIDENCE
BUT ARE CONFINED TO THE CITY
OF WEST BERLIN.
- PENDING WHAT?
HISTORY.
YOU KNOW, SINCE THE IRON CURTAIN
NO ONE HAS EVER STOOD TRIAL
FOR ESCAPING FROM THE EAST.
BUT HIJACKING IS DIFFERENT.
NOW WE ARE TALKING ABOUT
INTERNATIONAL TREATY AGREEMENTS,
WHICH BY THE WAY,
WE HAVE JUST SIGNED AND WITH ALL
OF THE INTERNATIONAL ATTENTION,
AND NO ONE
WANTS THAT DAY IN COURT.
WE CERTAINLY DON'T,
AND WE OCCUPY WEST BERLIN.
THE WEST GERMANS DON'T WANT IT,
SO IT'S HEAD WE LOSE,
TAILS YOU WIN.
- SO WHY DON'T THEY DO IT?
JUST TOSS A COIN?
- THEY DID. WE WON.
- WE DID?
- THE CHANCELLERY HAS HAD
A VERY PERSUASIVE INFLUENCE
ON THE WHITE HOUSE.
SO THIS WILL BE THE FIRST SUCH
"UNITED STATES COURT
FOR BERLIN".
ALL THE PROCEDURES
WILL BE AMERICAN.
AS WILL THE LAWYERS,
AND THE JUDGE.
- YOU CALL THAT
WINNING THE TOSS?
OF COURSE, ESTEEMED JUDGE.
WE HAVE YOU.
YOU BECOME
AN ARTICLE TWO JUDGE.
WITH FULL DIPLOMATIC PASSPORT.
THIS COULD MEAN A BETTER SHOT
AT THE SUPREME COURT.
- HOW MUCH TIME YOU FIGURE?
- NO TIME AT ALL.
THE CASE IS OPEN AND SHUT.
THIS MAN, HELMUT THIELE
IS HIS NAME,
CONFESSED TO EVERYTHING.
HE WAS QUITE CANDID
IN HIS STATEMENT.
HELD BACK NOTHING.
HE'S PROUD OF IT.
GLAD TO BE LOCKED UP.
- ARE OUR PERSONS SO MUCH
BETTER THAN THEIR STREETS?
I WANT TO DISCUSS IT WITH MARSHA
BEFORE I AGREE.
BUT THERE'LL BE NO
PLEA BARGAINING.
YOU KNOW HOW I FEEL ABOUT THAT.
- OH, I KNOW HOW YOU STAND
ON THAT.
THIS IS ALL WE HEARD
IN LAW SCHOOL.
HOW DOES IT GO?
ACCEPT PLEA ONLY IF THE SCOPE
OF THE PUNISHMENT
AFFORDED UNDER THE PLEA
IS ADEQUATE TO MEET THE NATURE
OF THE CRIME.
BOTH: NEVER BIND THE JUDGE'S
HANDS IN ADVANCE.
- WHAT DID BRUNO SAY?
- HE SAID HE'S SORRY
HE MISSED YOU.
- THAT'S VERY SWEET.
WHAT DID THE MAN SAY?
- IT'S AN OPEN AND SHUT CASE.
SHOULDN'T TAKE ANY TIME AT ALL.
IT COULD BE LIKE A SECOND
HONEYMOON FOR US, LOVE.
HE SAID THE WEATHER IN BERLIN IS
BEAUTIFUL THIS TIME OF THE YEAR.
- THE WEATHER IS VERY BEAUTIFUL
RIGHT HERE IN NEW JERSEY.
- AW, WHAT DO YOU KNOW?
YOU'VE ALREADY MADE YOUR
MIND UP, HAVEN'T YOU?
- YES, I HAVE.
- WHY?
IF IT'S AN OPEN AND SHUT CASE,
WHERE IS THE CHALLENGE?
NOW, THIS COULD MEAN
A LOT TO ME, MARSHA.
OH, HERBERT, HERBERT.
YOUR AMBITION IS SHOWING.
(LAUGHS)
GOOD GOD, YOU'RE 42 YEARS OLD
AND A FEDERAL JUDGE.
WHAT MORE DO YOU WANT?
IT'S GOOD ENOUGH FOR ME.
- YOU THINK I DON'T KNOW THAT?
I DON'T BELIEVE IT.
A JEWISH JUDGE IN BERLIN.
- OH, WHAT'S THAT GOT
TO DO WITH IT?
GOD, HERBERT, WE DON'T HAVE
A SINGLE RELATIVE
LEFT IN EUROPE.
WE DON'T EVEN HAVE A GRAVE
TO VISIT.
HOW CAN YOU BE IMPARTIAL?
- MAYBE THAT'S THE CHALLENGE,
MARSHA.
CAN I BE A FAIR JUDGE,
ANYWHERE,
UNDER ANY CIRCUMSTANCES,
HERE, ON THE MOON,
OR IN GERMANY?
[TECHNO MUSIC PLAYS]
- THEY FOUND ME A JOB!
[HORN HONKS]
HELLO, PAPA!
- YOU ARE GOING TO DRIVE A TAXI?
YAH. A TAXI!
I WANT SOME.
- I DON'T UNDERSTAND WHY YOU
BRING ME HERE IN SUCH A WAY.
- SIGRID,
I'VE BROUGHT YOU HERE
BECAUSE I HAVE TO SHARE
SOME INFORMATION WITH YOU.
I'M SORRY. I'VE HAD A VERY
INTERESTING VISIT THIS MORNING
FROM A MARIA SCHUSTER.
- HMM?
EX-WIFE OF A CERTAIN
HANS SCHUSTER.
SHE SAYS HER HUSBAND IS BEING
HELD CAPTIVE IN EAST GERMAN
BECAUSE OF ANOTHER WOMAN. YOU.
NOW I UNDERSTAND IT ALL.
YOU'VE KEPT SILENT
THESE LAST THREE MONTHS
SO AS NOT TO JEOPARDIZE
HANS SCHUSTER'S POSITION.
SIGRID, YOU CANNOT
PROTECT HIM.
NOR CAN YOUR SILENCE HELP HIM.
HE'S IN JAIL IN EAST GERMANY,
AND THERE'S NOTHING
WE CAN DO ABOUT IT.
[SPEAKING GERMAN]
- CIGARETTE?
- RUSSIAN?
- [CHUCKLES] NO. FRENCH.
- FOREIGN MINISTRY?
URI DAVIDOVITCH ANDREYEV.
ASSISTANT TO THE FIRST SECRETARY
FOR SECURITY.
INTERNATIONAL DEPARTMENT
OF THE PARTY CENTRAL COMMITTEE.
- I'M FLATTERED.
THE EAST GERMAN COMRADES
MUST THINK ME VERY IMPORTANT
TO RUN TO THE LONG APRON STRINGS
OF MOTHER RUSSIA.
- I SUPPOSE THAT
THEY MIGHT.
THESE FORGERIES ARE REMARKABLE.
ARE YOU IN THE BUSINESS
OF ARRANGING DEFECTIONS?
- ALSO GUT, ALLES NOCHMAL
VON VORNE.
MY NAME IS HANS SCHUSTER.
I'M AN ELECTRICAL ENGINEER
EMPLOYED B A CONSTRUCTION FIRM
THAT DOES BUSINESS ON BOTH SIDES
OF THE WALL.
I MET SIGRID RADKE
IN FEBRUARY OF 1977.
WE FELL IN LOVE.
THE FACT THAT WE LIVED
IN TWO DIFFERENT WORLDS
WAS AN INCONVENIENCE
I SOUGHT TO OVERCOME.
I WAS TO SECURE
FOR SIGRID AND HER DAUGHTER
COUNTERFEIT WEST GERMAN
I.D. PASSES.
RENDEZVOUS WITH THEM IN POLAND,
WHERE, THANKS
TO THE FALSE I.D.'S,
WE WOULD ALL BOARD A SHIP
BOUND FOR BREMEN.
THE FREE WORLD.
OBVIOUSLY, MY PLAN FAILED.
- AND HELMUT THIELE?
A WAITER.
A FRIEND OF SIGRID'S.
HE HAS CHILDREN
IN THE WEST, I BELIEVE.
- YOU DO THAT VERY WELL.
- SIX WEEKS OF PRACTICE
PAYOFF.
- MATRESIA.
MOTHER RUSSIA BELIEVES YOU.
- THEN I DON'T UNDERSTAND.
WHY THE WAITING?
TRY ME. TRY ME FOR THE CRIMES
TO WHICH I'VE CONFESSED.
GET IT OVER WITH.
- I WOULD LIKE THAT.
I BELIEVE YOU HAD NOTHING TO DO
WITH THE HIJACKING.
- WHAT HIJACKING?
THE POLISH AIRLINER.
THE ONE THEY FORCED TO TAKE THEM
TO WEST BERLIN.
- MY GOD, THEY ARE FREE?
- YOUR FRIENDS ARE NOT FREE.
AT THIS MOMENT THEY ARE IN
PRISON LIKE YOU,
WAITING TO GO ON TRIAL.
- THAT CAN'T BE TRUE.
NO ONE HAS EVER BEEN TRIED
IN THE WEST
FOR ESCAPING FROM THE EAST.
- CORRECT.
THE AMERICANS WILL DO IT FOR US.
- THE AMERICANS?
- THEY WILL BE THE FIRST.
- THAT'S IMPOSSIBLE.
OH, NO.
IN ALL FAIRNESS
TO THE FREE WORLD,
WE SHALL LET THE AMERICAN COURT
ESTABLISH YOUR SENTENCE
IN THEIR TRIAL.
WE SHALL BE WATCHING
VERY CAREFULLY.
THE WALL, HERR SCHUSTER,
IS FOUR METERS HIGH
AND 160 KILOMETERS LONG.
YOU ARE IN
THE CONSTRUCTION BUSINESS,
YOU KNOW, HOW...
(SPEAKING RUSSIAN)
YOU KNOW HOW EXPENSIVE
THAT CAN BE.
NOW ONE OF MY DUTIES
IS TO MAKE SURE
ALL THAT MONEY
DOESN'T GO TO WASTE.
IN THAT SENSE,
I, TOO, AM IN
THE CONSTRUCTION BUSINESS.
BUT IF YOU ARE IN FACT
IN THE PROFESSION
OF ENGINEERING ESCAPES,
THEN YOUR STAY HERE
WILL BE INDEFINITE.
[KNOCKS ON DOOR]
HERR SCHUSTER.
PLEASE BELIEVE THERE IS NOTHING
PERSONAL IN WHAT I TELL YOU.
AND I KNOW WHAT A MAN
WILL DO FOR LOVE.
BUT THE LAW IS THE LAW.
- I THINK MARSHA WAS RIGHT.
- ABOUT WHAT?
A JEWISH JUDGE IN BERLIN.
SOMEHOW IT DOESN'T SIT WELL.
THE LEGACY'S ALL WRONG.
- LEGACY, SCHMEGACY.
A JUDGE IS A JUDGE
IS A JUDGE, BUBELEH.
- WHAT'S THIS?
- CONFESSIONS YOU ASKED FOR.
THIELE'S AND RADKE'S.
- I DON'T ENVY THE DEFENSE HERE.
HOW CAN ANY LAWYER
DEFEND A SKYJACKING?
DO YOU HAVE A LIST
OF THE PLAYERS?
PROSECUTION AND DEFENSE.
JUDAH BEST FOR THE MAN.
THOUGHT YOU'D BE
ESPECIALLY INTERESTED
IN THE CHOICE
OF THE WOMAN'S COUNSELOR.
- BERNIE  HELLRING?!
- SIX WEEKS THEY HAD RADKE
AND THE GIRL.
SIX WEEKS WITH HELLER
WORKING ON THEM DAY IN, DAY OUT,
EVERY DAY. AND HE GOT NOTHING!
YET THE MOMENT
RADKE IS RELEASED,
SHE COMES BOUNCING BACK,
EAGER TO TURN HERSELF IN
WITH A CARBON COPY OF THIELE'S
CONFESSION ON HER LIPS! RIGHT?
- RIGHT.
- AND WE'RE SUPPOSED TO BELIEVE
IT, RIGHT?
- RIGHT.
- WHY?
- BECAUSE SHE CONFESSED.
- (LAUGHS) BULLSHIT!
THIS IS NOT A FREE
FLOWING CONFESSION.
IT'S TOO PAT.
IT'S TOO  CONSTRUCTED.
THERE'S GOT TO HAVE  BEEN
MORE SAID.
QUESTIONS, ANSWERS,  COMMENTS,
SMALL TALK.
SOMETHING! ANYTHING!
NOW WHAT ABOUT
THE OTHER PASSENGERS?
DID THEY SEE ANYTHING?
HEAR ANYTHING?
- NO. NOTHING.
AND EVEN IF THEY HAD,
THEY WOULDN'T SAY ANYTHING
TO HELP US.
I MEAN THEY ALL
HAVE RELATIVES IN THE EAST.
- AH.
NOW, FRAU  BECKER,
DO YOU THINK YOU COULD GET HOLD
OF A COPY OF THE FULL
TRANSCRIPT
OF SIGRID'S INTERVIEW
WITH  HELLER?
- I'LL SEE WHAT I CAN DO.
- GOOD GIRL. THANK YOU.
CLERK: ALL RISE.
BITTE SICH ZU ERHEBEN.
GOD SAVE THE UNITED STATES
AND THIS HONORABLE COURT.
YOU MAY BE SEATED.
MAY  I, YOUR  HONOR,
FOR THE RECORD,
INTRODUCE COUNSELORS
FOR BOTH TABLES.
REPRESENTING THE PROSECUTION
IS THE THE UNITED STATES
ATTORNEY FOR BERLIN,
MR. EDWIN PALMER.
MR. ALLAN SHERMAN,
THE SPECIAL PROSECUTOR
FOR THE UNITED STATES COURT
FOR BERLIN.
REPRESENTING THE DEFENDANT
MR. HELMUT THIELE
IS MR. JUDAH BEST.
REPRESENTING MS. SIGRID RADKE
IS MR. BERNARD HELLRING.
GERMAN COUNSEL FOR THE DEFENDANT
IS MISS KIM BECKER.
THANK YOU, MR. RISTAU.
I WANT TO EMPHASIZE
THAT THE PURPOSE OF THIS
PRELIMINARY HEARING
IS NOT TO DETERMINE
THE GUILT OR INNOCENCE
OF EITHER ACCUSED
BUT SOLELY TO DETERMINE
IF THE UNITED STATES,
WHICH HAS BEEN CALLED UPON
TO EXERCISE JURISDICTION
IN CONNECTION WITH THIS MATTER
CAN FIND PROBABLE CAUSE
TO BELIEVE
THAT ONE OR BOTH
OF THE DEFENDANTS
HAS COMMITTED A CRIME.
IN WHICH CASE THE ACCUSED
WILL BE HELD OVER
FOR A FULL TRIAL. IS THAT CLEAR?
NOW THEN, MR. SHERMAN,
I UNDERSTAND A COMPLAINT
HAS BEEN FILED
AGAINST EACH OF THESE
DEFENDANTS.
THAT IS CORRECT, YOUR HONOR.
WOULD YOU PLEASE INFORM
THE COURT OF THE CHARGES?
YOUR HONOR, THE DEFENDANTS
HELMUT THIELE AND SIGRID RADKE
HAVE BEEN CHARGED WITH
THE FOLLOWING FOUR COUNTS
IN VIOLATION OF THE WEST GERMAN
PENAL CODE.
FIRST, HIJACKING AN AIRPLANE.
SECOND, TAKING A HOSTAGE,
TO WIT, THE LOT STEWARDESS.
THIRD, DEPRIVING THE PASSENGERS
OF THAT PLANE
OF THEIR LIBERTY AND FORTH,
DOING BODILY HARM TO ANOTHER.
TO WIT, THE STEWARDESS.
BESIDES THAT, YOUR HONOR,
DEFENDANT THIELE
HAS BEEN CHARGED
WITH A FIFTH COUNT.
POSSESSION OF A FIREARM
WITHOUT A LICENSE.
- ARE YOU PREPARED
TO DEMONSTRATE
THERE IS PROBABLE CAUSE
TO HOLD THE DEFENDANTS
ON THESE CHARGES?
- I AM, YOUR HONOR.
- VERY WELL, YOU MAY CALL
YOUR FIRST WITNESS.
- COLONEL PATRICK HELLER.
- COLONEL HELLER,
CAN YOU TELL US
WHAT YOUR INVESTIGATION
HAS SHOWN REGARDING WHAT
HAPPENED ON THE PLANE
BEFORE IT PLANE LANDED?
THE AIRPLANE WAS LOCATED
AT APPROXIMATELY
FIFTEEN MINUTES FROM SCHOENEFELD
AIRPORT IN EAST BERLIN
WHEN, ACCORDING
TO HIS CONFESSION,
HELMUT THIELE,
MADE HIS WAY TO THE GALLEY,
GRASPED THE HAIR OF THE
STEWARDESS, BEATA LEVANDOVSKA,
PLACED A PISTOL TO HER HEAD
AND FORCED HER TO THE FLOOR
OF THE AIRCRAFT.
HE THEN TOLD THE CREW,
THAT IF THEY DID NOT LAND
AT TEMPELHOF AIRPORT,
HE WOULD SHOOT
THE STEWARDESS.
- COLONEL HELLER,
ISN'T IT TRUE THAT FROM
AUGUST THE 30TH
TO SEPTEMBER THE 10TH, 1978,
SIGRID RADKE WAS HELD AGAINST
HER WILL
AND WITHOUT BENEFIT OF COUNSEL--
- OBJECTION.
- ...ON YOUR ORDERS?
THAT IS IMMATERIAL TO THE
STATEMENT MADE ON NOVEMBER 28TH
WHEN SHE CAME IN VOLUNTARILY
TO ET THE RECORD STRAIGHT.
- SUSTAINED.
MR. HELLRING, YOU WILL PLEASE
CONFINE YOUR QUESTIONING
TO THE STATEMENT OF NOVEMBER 28.
ISN'T IT TRUE, COLONEL,
THAT THE ONLY SHRED OF EVIDENCE
YOU HAVE AGAINST MS. RADKE
IS HER OWN STATEMENT,
SINCE NONE OF THE PASSENGERS
ON THE AIRPLANE
ACTUALLY SAW HER
DO ANYTHING?
- OBJECT, YOUR HONOR.
MR. HELLRING
IS LEADING THE WITNESS.
- YOUR HONOR, EVERY SINGLE
PASSENGER ON THAT PLANE
WAS INTERROGATED.
I THINK THE QUESTION
DEMANDS AN ANSWER.
- I AGREE. OVERRULED.
PLEASE CONTINUE, MR. HELLRING.
- THANK YOU, SIR.
I'LL REPEAT THE QUESTION.
ISN'T IT TRUE
THAT THE ONLY EVIDENCE
YOU HAVE AGAINST MRS. RADKE
IS HER OWN STATEMENT?
- YES, I WOULD SAY THAT.
AND ISN'T IT ALSO TRUE
THAT MS. RADKE TOLD YOU THAT SHE
HAD BEGGED MR. THIELE
NOT TO GO THROUGH
WITH THE HIJACKING
AND THAT ACTUALLY SHE ATTEMPTED
TO PREVENT IT?
- OBJECTION, YOUR HONOR.
- OVERRULED.
THE WITNESS WILL PLEASE
ANSWER THAT QUESTION.
- SHE DID SAY THAT.
YES, SHE DID.
YOUR HONOR, WHAT SIGRID RADKE
MAY OR MAY NOT
HAVE SAID TO THIELE
ON THAT PLANE DOESN'T MATTER.
THE POINT IS,
SHE DID USE HER OWN DAUGHTER
TO SMUGGLE A GUN ON BOARD
AND SHE DID HAND THAT GUN
TO THIELE.
AND THEN SHE DID NOTHING
WHATSOEVER
TO WARN THE CAPTAIN, THE CREW,
OR THE PASSENGERS,
THAT A HIJACKING,
A HIJACKING WAS ABOUT
TO TAKE PLACE.
- I'M INCLINED TO AGREE
WITH YOU, MR. SHERMAN,
BUT WHETHER OR NOT
MRS. RADKE ATTEMPTED
TO WITHDRAW FROM THE SCHEME
IS A MATTER TO BE DECIDED
AT A TRIAL,
NOT AT THIS PRELIMINARY HEARING.
ANYTHING FURTHER, MR. HELLRING?
- NO, YOUR HONOR.
NOTHING FURTHER.
- DOES THE GOVERNMENT WISH
TO RE-EXAMINE?
- NOT AT THIS TIME,
YOUR HONOR.
- VERY WELL, THE WITNESS
MAY STEP DOWN.
[CLEARS THROAT]
- LADIES AND GENTLEMEN,
AT THIS TIME,
THE COURT RULES THAT THERE IS
PROBABLE CAUSE
- EXCUSE ME, YOUR HONOR.
- MR. BEST?
- YES, YOUR HONOR, UM...
I'VE BEEN ADVISED BY
MY COLLEAGUE, FRAU BECKER,
THAT THERE IS HERE IN BERLIN
A PERFECTLY VALID CONSTITUTION,
VERY SIMILAR TO OUR OWN,
SIMILAR IN ITS PROTECTION
OF INDIVIDUAL RIGHTS.
BUT IT DOESN'T PROVIDE
FOR THE SPECIFIC ELEMENTS
OF DUE PROCESS,
AS WE UNDERSTAND THEM,
IN PARTICULAR, THE RIGHT
TO A TRIAL BY JURY.
MY CLIENT WOULD LIKE TO
KNOW AT THIS TIME
IF HE WILL HAVE A TRIAL
BEFORE HIS PEERS.
THE CITIZENS OF BERLIN,
AS GUARANTEED BY THE AMERICAN
CONSTITUTION.
- [CROWD MURMURS]
- [GAVEL BANGS]
UH, MR. BEST,
I CAN ONLY ASSURE YOU
AS A FEDERAL JUDGE
THAT YOUR CLIENT--
- EXCUSE ME.
YOUR HONOR, EXCUSE ME.
- MR. SHERMAN.
I BELIEVE MR. PALMER WOULD LIKE
TO RESPOND TO THAT NOW.
- MR. PALMER.
- MAY I APPROACH THE BENCH,
YOUR HONOR.
- YOU MAY. MR. BEST .
I AM SURE YOUR HONOR
WILL APPRECIATE
THE RELUCTANCE WITH
WHICH WE APPROACH
THIS COMPLEX QUESTION
AT THIS TIME.
BUT I DO NOT BELIEVE THAT WE ARE
ACTUALLY BOUND BY LAW
TO EXTEND THOSE RIGHTS.
- MR. UNITED STATES ATTORNEY,
IT IS THE FARTHEST THING
FROM MY MIND
TO EMBARRASS YOU OR YOUR CLIENT,
BUT ALL OF US,
NOT JUST THE DEFENSE,
BUT ALL OF US, 
THE COUNSEL, THE COURT,
THE PEOPLE ARE ENTITLED TO KNOW
THE LIMITS
OF THIS COURT'S AUTHORITY.
- YOUR HONOR--
- EXCUSE ME.

- MR. PALMER.
IS IT THE GOVERNMENT'S POSITION
THAT THE CONSTITUTION
OF THE UNITED STATES
APPLIES HERE FULLY
OR SOMETHING LESS?
WE ARE NOT PREPARED TO GIVE
A DEFINITIVE POSITION
ON THAT ISSUE, SIR.
- AND WE WOULD ARGUE IN AN
AMERICAN COURT-
- GENTLEMEN.
WE'RE NOT HAVING AN ARGUMENT
ON THIS TODAY.
BE SEATED, PLEASE.
[SIGHS]
WE WILL NEXT PROCEED
TO ARRAIGN THE DEFENDANTS
AND RECONVENE HERE
NEXT MONDAY MORNING TO SET
A FIRM DATE FOR TRIAL.
ADJOURNED.
OPEN AND SHUT CASE.
PIECE OF CAKE.
SHOULDN'T TAKE ANY TIME AT ALL.
RIGHT, BRUNO?
[MARLENE DIETRICH SINGS]
I'LL PROVIDE THE ENTERTAINMENT
FROM HERE ON.
- HEY, THAT'S MARLENE DIETRICH.
THE GREATEST LEGS,
UH, SECOND GREATEST LEGS
IN THE WORLD.
[TELEPHONE RINGS]
I DON'T HEAR ANYTHING.
- OH, FROM CONTINENT
TO CONTINENT. 
SOME THINGS NEVER CHANGE.
- HELLO. YEAH, BRUNO,
WHAT'S  UP?
WHAT THE HELL DO YOU MEAN,
NO JURY TRIAL?
THE UNITED STATES AUTHORITY
IN BERLIN
IS DERIVED
FROM RIGHTS OF CONQUEST,
NOT THE CONSENT
OF THE GOVERNMENT.
SO IN OTHER THE CITIZENS
OF WEST BERLIN
HAVE NO RIGHTS AT ALL.
THE UNITED STATES COURT
FOR BERLIN
IS AN INSTRUMENT
OF THE OCCUPATION POLICY
OF THE UNITED STATES.
THE DECISION WHETHER TO GRANT
A JURY TRIAL
IS A POLITICAL
AND NOT A JUDICIAL QUESTION.
DON'T LOOK AT ME, JUDGE,
I DIDN'T WRITE IT.
- SO WHO DID WRITE IT?
ADOLF HITLER?
THE DECISION WHETHER TO GRANT
A JURY TRIAL
IS A POLITICAL
AND NOT A JUDICIAL QUESTION.
THIS, AS I UNDERSTAND IT,
YOUR HONOR,
IS THE POSITION OF THESE
PROSECUTORS
FOR THE UNITED STATES
OF AMERICA.
I HAVE BEEN ABLE TO FIND
ONLY ONE LEGAL PRECEDENT
FOR  THEIR POSITION, YOUR HONOR.
IT IS THE CASE CALLED
"CAT VERSUS MOUSE."
[AUDIENCE LAUGHS]
FROM A FOREIGN JURISDICTION,
FROM THE CASEBOOK CALLED
"ALICE'S ADVENTURES
IN WONDERLAND'.
"A CAT NAMED FURY
SAID TO A MOUSE
THAT HE MET IN THE HOUSE,
"LET US BOTH GO TO LAW.
I WILL PROSECUTE YOU.
COME, I'LL TAKE NO DENIAL,
WE MUST HAVE THE TRIAL
FOR REALLY,
THIS MORNING,
I HAVE NOTHING TO DO.
SAID THE MOUSE TO THE CURSE,
SUCH A TRIAL, DEAR SIR,
WITH NO JURY OR JUDGE WOULD BE
WASTING OUR BREATH.
I'LL BE THE JUDGE,
I'LL BE THE JURY
SAID THE CUNNING OLD FURY.
I'LL TRY THE WHOLE CAUSE
AND CONDEMN YOU TO DEATH.
FOR SHAME.
THAT I SHOULD EVEN
HAVE TO RISE TO RESPOND
TO SUCH A POSITION
ON BEHALF OF OUR COUNTRY,
A POSITION WRITTEN BY
PEOPLE SOMEWHERE
IN SOME FOGGY BOTTOM WITH SOME
PRETTY FOGGY HEADS.
I ASK THE COURT TO RULE,
YOUR HONOR,
NOT JUST FOR OUR CLIENTS, BUT
FOR THE HONOR OF OUR COUNTRY,
THAT THESE FUGITIVES FROM
ANOTHER SOCIAL SYSTEM
SHOULD AT LEAST BE ENTITLED
TO DUE PROCESS OF THE LAW
IN THIS AMERICAN COURT.
- WE DO NOT UNDERSTAND
THE CONFUSION
ON THE PART OF THE DEFENSE
OVER THIS MATTER, YOUR HONOR.
- WELL, THIS COURT IS A LITTLE
CONFUSED TOO, MR. PALMER.
- THIS COURT SITS-
[BANGS GAVEL]
THIS COURT SITS
IN CONQUERED TERRITORY.
IT IS AN OCCUPATIONAL COURT.
THEREFORE IT STANDS TO REASON
THAT IT IS AN INSTRUMENT
OF AMERICAN FOREIGN POLICY.
IT CANNOT, BY DEFINITION,
INDEPENDENTLY DECIDE ANYTHING.
- SO, IN OTHER WORDS,
THIS COURT MUST FOLLOW
THE DIRECTIVES
OF THE US SECRETARY OF STATE?
IN OTHER WORDS, MY JOB HERE
IS TO SIMPLY OBEY,
I HAVE NOTHING TO DECIDE?
- NOT ON THE QUESTION
OF THE JURY TRIAL, NO.
SIR, ARE YOU TELLING ME
THAT THE CONSTITUTION
OF THE UNITED STATES
DOES NOT APPLY IN THIS COURT?
- IT IS OUR POSITION
THAT WE'RE NOT RESTRICTED BY
THE UNITED STATES CONSTITUTION
IN THESE PROCEEDINGS.
THAT IS CORRECT.
DID YOU EVER HEAR ANYONE SAY
THAT TO ANY JUDGE
IN ANY AMERICAN COURTROOM
ANYWHERE?
- I HAVE NOT.
- TWO US GOVERNMENT PROSECUTORS,
ONE A BLACK AND THE OTHER A JEW,
- AND THEY SOUND LIKE
A COUPLE OF GODDAMN NAZIS.
[CROWD YELLING]
- WHAT THE HELL'S GOING ON HERE?
DID YOU KNOW
THIS HAS BEEN ISSUED?
- I DIDN'T ANTICIPATE THAT. NO.
- DID THEY REALLY EXPECT ME
TO DO THE SAME THING
THAT NUREMBERG PROSECUTED
ALL THOSE GERMAN JUDGES
FOR DOING HERE FORTY-FIVE
YEARS AGO?
YOU HEARD HIM, BRUNO?
THEY WANT ME TO BE
A GOOD LITTLE BOY
AND FOLLOW THE FUHRER'S ORDERS
AND RULE THE DEFENDANTS
IN MY COURT
ARE NO MORE THAN A MERE
EXTENSION OF FOREIGN POLICY!
THEY WANT ME TO BECOME
A GODDAMN NAZI JUDGE!
WELL, THEY CAN GO TO HELL FIRST.
YOU KNOW WHAT I'M GONNA DO?
I'M GONNA DO
WHAT THOSE GERMAN JUDGES
SHOULD HAVE DONE IN 1934.
I'M GOING TO RESIGN.
THEY CAN GET SOMEBODY ELSE
TO DO THEIR DIRTY WORK.
- HERB. LISTEN.
IF A JURY OF BERLINERS
IS BROUGHT IN
TO JUDGE A CASE IN WHICH
THE UNITED STATES IS A LITIGANT,
THEN THE CONQUERED ARE JUDGING
THE CONQUERORS.
AND OUR STATUS AS AN
OCCUPYING POWER IS AT AN END.
AND BERLIN IS A FREE CITY.
AND THEN THE YOGURT
HITS THE FAN.
BECAUSE THE RUSSIANS
WILL BE HERE THE NEXT DAY.
NOW ALL I AM SAYING IS THAT THIS
IS NOT GOOD GUYS AND BAD GUYS.
THIS IS THE STATE.
AND MISTERS PALMER AND SHERMAN
ARE IN A VERY
UNENVIABLE POSITION
OF REPRESENTING THE STATE
IN WHAT SEEMS TO BE
AN INHUMANE POLICY.
YOU WORK FOR THE STATE, BRUNO.
HOW DO YOU STAND?
IN THIS INSTANCE...
I SUPPORT THE DECISION
OF THE COURT.
AND THAT DECISION
IS MINE ALONE.
SOME HONEYMOON.
THE WEATHER IN BERLIN
IS BEAUTIFUL THIS TIME OF YEAR.
- I'M SORRY. I'M JUST TRYING
TO UNDERSTAND
WHAT DRIVES THESE PEOPLE.
WHAT THE HELL IS IT?
LOOK AT THIS!
MY GOD, THAT ACTUALLY HAPPENED.
YOU KNOW 70 PEOPLE
HAVE BEEN KILLED
AND MORE THAN 3,000 ARRESTED
FOR TRYING TO CROSS
THAT GODFORSAKEN WALL?
AND NOW I HAVE TO SIT AND JUDGE
ON TWO THAT MADE IT.
HOW THE HELL CAN I DO THAT?
ESPECIALLY WITH
THE STATE DEPARTMENT
BREATHING DOWN MY NECK,
TELLING ME THEY HAVE NO RIGHT
TO A JURY TRIAL.
- HERBERT, YOU HAVE
MADE YOUR POINT.
THIS CASE ISN'T JUST
A CHALLENGE ANY MORE,
IT HAS GONE SO FAR BEYOND THAT,
AND I'M GETTING SCARED NOW.
WHY DON'T YOU LET SOMEBODY ELSE
FINISH IT AND RESIGN?
DON'T THINK I'M NOT SERIOUSLY
CONSIDERING RESIGNING,
BUT I HAVE TO WONDER,
WHAT WOULD'VE HAPPENED
IF EARL WARREN
HAD STOPPED DEFENDING
THE CONSTITUTION
BEFORE SCHOOLS IN THE SOUTH
WERE INTEGRATED?
AND WHAT IF JUDGES LIKE
FRANK JOHNSON OF ALABAMA,
OR BOB MEHRIGE IN VIRGINIA
HADN'T FOUGHT FOR EQUAL RIGHTS?
THEY EVEN FIRE-BOMBED, MEHRIGE'S
HOUSE, AND HE STILL HELD FIRM.
WHO THE HELL AM I TO WALK AWAY
WHEN THE CONSTITUTION'S
IN JEOPARDY?
- OH, COME OFF IT, DON QUIXOTE.
THOSE GUYS WERE FIGHTING
FOR CIVIL RIGHTS.
YOU'RE RISKING
OUR ENTIRE FUTURE HERE
FOR A COUPLE OF GERMANS!
- SO THAT'S IT.
YOU WANT ME TO TAKEOUT
THE HOLOCAUST ON THEM.
- BULLSHIT. THAT IS NOT
THE POINT AT ALL.
- YES, MA'AM.
- THAT IS NOT THE POINT AT ALL!
- YES, THAT IS THE POINT,
MARSHA!
YOUR WANT ME TO BURY
THESE PEOPLE TO MAKE UP
FOR ALL OUR GRAVELESS RELATIVES!
WELL, LET ME TELL YOU SOMETHING.
MY SOLE RESPONSIBILITY HERE
IS TO UPHOLD MY OATH
TO THE CONSTITUTION
AND NOT TO ANY
GOVERNMENT POLICIES
OR PERSONAL CAUSES!
MR. PALMER, WILL YOU PLEASE
APPROACH THE BENCH?
SIR...
THIS COURT REJECTS OUT OF HAND
ANY NOTION
THAT THESE DEFENDANTS
HAVE NO RIGHTS HERE
AND UNLESS AND UNTIL
A DIFFERENT UNITED STATES JUDGE
FOR BERLIN PRESIDES HERE,
THE CONSTITUTION WILL REMAIN
IN FULL FORCE AND EFFECT.
- YOUR HONOR--
- I'M CALLING YOU BLUFF,
MR. PALMER.
IF THE OCCUPATIONAL AUTHORITIES
DO NOT BRING A JURY OF BERLINERS
INTO THIS COURTROOM,
I'M GONNA TO BE FORCED TO SET
THESE PEOPLE FREE.
I...
I ALWAYS THOUGHT IT WOULD BE
DIFFERENT HERE IN THE WEST.
HANS WAS ALWAYS SO OPTIMISTIC.
- IT IS DIFFERENT.
IT'S NOT PERFECT.
BUT AT LEAST WE CAN TRY TO MAKE
OUR SYSTEM WORK.
- COUNTRIES DON'T CARE
WHO THEY HURT.
WHAT IS THE DIFFERENCE BETWEEN
ONE SYSTEM AND THE OTHER
IF YOU HAVE NOTHING?
I'M SORRY.
I KNOW YOU...
YOU'RE REALLY
A VERY GOOD MAN,
AND YOU'RE TRYING TO DO
EVERYTHING FOR MARINA AND ME,
BUT I--
- PLEASE, SIGRID.
LET ME DO IT. LET ME SHOW HOW
YOU WERE TRICKED
INTO MAKING YOUR CONFESSION.
- NO.
DON'T YOU SEE THAT,
DON'T YOU SEE
THESE RUSSIANS ARE HERE.
THEY'RE IN COURT.
THEY SEE EVERYTHING,
THEY LISTEN, THEY WATCH.
THEY, THERE IS NO HOPE FOR HANS
IF THEY KNOW HOW HE HELPED US.
- LOOK, IT'S BOUND TO COME OUT
SOONER OR LATER.
- OKAY, BUT NOT THROUGH ME.
- IT'S OUR ONLY DEFENSE, SIGRID.
- THEN I HAVE NO DEFENSE.
DON'T YOU SEE
THAT I'D RATHER GO JAIL
FOR FOUR, FIVE
OR SOME MORE YEARS
THAN TO HURT HIM!
PLEASE, YOU RESPECT THAT
- WE DON'T KNOW THAT IT'S
FOUR OR FIVE YEARS.
WE COULD BE LOOKING AT
A SENTENCE OF FIFTEEN YEARS. 
- IT DOESN'T MATTER!
- OH, GOD SAVE ME!
SAVE ME FROM STUPID
SELF SACRIFICE.
TELL ME SOMETHING, SIGRID.
WILL YOUR SENSE OF HONOR
AND VIRTUE
FEED YOUR DAUGHTER WILL IT PUT
A ROOF OVER HER HEAD
WILL IT KEEP HER COMPANY
FOR FIFTEEN YEARS?!
WOULD HANS WANT YOU TO DO THAT?
I DON'T KNOW.
(CRYING) I JUST DON'T KNOW!
YOU WANTED TO SEE ME?
- YES. THANK YOU.
YOUR NEWSPAPERS HERE,
HOW ACCURATE, ARE THEY?
SURPRISINGLY ACCURATE, I'D SAY.
ESPECIALLY REGARDING
THIS PARTICULAR TRIAL.
- SO I CAN BELIEVE THAT SIGRID
HAS NOT SO FAR
BROUGHT UP MY NAME.
HER SILENCE MAY BE AN ATTEMPT
TO PROTECT ME.
THAT'S AN ACT OF LOVE
I CAN'T ACCEPT.
SHE MUST TELL THEM.
- AND YOU THINK
THEY'LL SET YOU FREE?
- NO. I'M WORRIED FOR HER.
I'M WORRIED FOR THE CHILD.
BUT YOU WOULDN'T UNDERSTAND THAT
I THINK.
- REALLY?
- YOU ARE TOO PRAGMATIC,
YOU PEOPLE.
FROM EACH ACCORDING
TO HIS ABILITY
TO EACH ACCORDING TO HIS NEED.
SOUNDS SO SIMPLE.
BEAUTIFUL.
BUT WHERE IN DAS KAPITAL
DOES IT SPEAK OF LOVE?
I'M NOT SURE WHAT KARL MARX
HAD IN MIND,
BUT I KNOW THIS ISN'T
WHAT GOD INTENDED.
- GOD TALKS TO  YOU?
- NO. I JUST FEEL WITH HIM.
- PERHAPS WE HAVE MORE IN COMMON
THAN YOU KNOW.
- THEN HELP ME.
I HAVE WRITTEN A LETTER TO HER.
YOU CAN READ IT IF YOU WISH.
IT ASKS HER TO TELL THE TRUTH,
TO SAVE HERSELF.
NOTHING MORE.
- I CANNOT DO THAT,
HERR SCHUSTER.
- I'LL TELL YOU WHO SUPPLIED ME.
WITH PASSPORTS, THE PAPERS,
THE FORGERIES, THE EVERYTHING.
HERR SCHUSTER, HOW DO YOU THINK
WE FOUND YOU?
[KNOCK ON DOOR
AND KEYS RATTLING]
NOW. MR. HELLRING.
I UNDERSTAND THAT YOU WISH TO
HAVE THIS STATEMENT
OF NOVEMBER 28TH SUPPRESSED.
IS THIS TRUE?
- YES, IT IS, YOUR HONOR.
- VERY WELL.
I WILL HEAR YOUR ARGUMENTS, SIR.
SIR, BUT I HOPE
IT IS POSSIBLE FOR YOU
TO ACCOMMODATE
THE SENSIBILITIES OF THIS COURT,
OR, PERHAPS MORE ACCURATELY,
THIS JUDGE.
- YOUR HONOR, YOU'LL FORGIVE ME
IF I DON'T QUITE
QUITE COMPREHEND YOUR MEANING.
- THEN I SHALL BE EVEN
AND DIRECT, SIR.
I HOPE THERE WILL BE NO MORE
LONG AND FLOWERY SPEECHES,
MR. HELLRING, JUST SIMPLE,
DECLARATIVE SENTENCES, OKAY?
(LAUGH)
YOUR HONOR, I WILL ATTEMPT WITH
THE GREATEST DIFFICULTY
TO CONTROL MY USE OF THE
LANGUAGE THAT I LOVE,
A LANGUAGE THAT EMBELLISHES
THE LAW WITH GRACE NOTES.
- LET US GET ON WITH IT, PLEASE.
- I'LL TRY, YOUR HONOR.
- THANK YOU, MR. HELLRING.
NOW THEN...
WHY DO YOU WISH TO HAVE
THE STATEMENT SUPPRESSED?
YOUR HONOR, I HAVE
IN THIS HAND,
A STATEMENT, A CONFESSION.
- AND IN THE OTHER HAND...
- AND IN THE OTHER HAND.
I HAVE A TRANSCRIPT OF THAT
SAME CONFESSION,
BUT INCLUDING THE LEADING
AND COERCIVE QUESTIONS
CONCOCTED BY THE INTERROGATOR.
- PLEASE REMEMBER YOUR PROMISE
TO THE COURT, MR. HELLRING.
NOW. THEN, ARE YOU TELLING ME
THAT THAT STATEMENT
WAS NOT FREELY GIVEN?
THAT MS. RADKE DID NOT COME IN
VOLUNTARILY
TO CLEAR THE AIR AS MR. SHERMAN
ASSURED THE COURT?
- TAKE NOTE, YOUR HONOR,
OF HOW SIMPLE AND DECLARATIVE
I CAN BE.
YES.
- OBJECTION, YOUR HONOR.
- OVERRULED, MR. SHERMAN.
- HOW DARE MR. HELLRING--
- MR. SHERMAN, YOU ARE
OVERRULED.
PLEASE SIT DOWN.
WHO PRESIDED OVER THIS
INTERROGATION?
COLONEL PATRICK J. HELLER,
YOUR HONOR.
MR. HELLRING, THAT TRANSCRIPT
MUST BE PRODUCED
AND MARKED INTO EVIDENCE.
- OH, BUT, YOUR HONOR, I'M
AFRAID, I CANNOT,
MY CLIENT--
- MR. HELLRING--
 NO, YOUR HONOR, I THINK
IT WOULD BE APPROPRIATE-- `
 MR. HELLRING, I ORDER YOU TO
SHOW ME THAT TRANSCRIPT NOW!
- NO!
EXCUSE ME FOR A MOMENT,
YOUR HONOR.
SIGRID, I'M SORRY BUT THERE IS
NOTHING I CAN DO.
THE JUDGE HAS ORDERED ME.
MADAM, I'M COMPELLED
TO INFORM YOU,
REGRETFULLY, OF COURSE,
THAT EVEN IF YOU CONTINUE TO
SACRIFICE YOURSELF,
THERE CAN BE NO GUARANTEE
THAT THE INFORMATION
CONTAINED IN THIS TRANSCRIPT
WILL NOT BE REVEALED DURING IN
MR. THIELE'S PART OF THE TRIAL.
DO YOU CLEARLY UNDERSTAND THIS?
- YES.
- VERY WELL. MR. HELLRING,
YOU MAY REEXAMINE THE WITNESS.
WHEN MS. RADKE WAS IN CUSTODY,
DID SHE CORRESPOND
WITH THE OUTSIDE WORLD?
- YES, I BELIEVE SHE WROTE
SOME LETTERS.
- YOU BELIEVE?
IN FACT YOU HAD COPIES MADE
OF EACH AND EVERY ONE OF THEM,
ISN'T THAT TRUE?
- OBJECTION, YOUR HONOR.
-  IF YOUR OBJECTION
IS VALID, MR. PALMER.
YOU HAVE NOTHING TO FEAR
FROM THIS QUESTION.
PLEASE ANSWER IT, COLONEL.
-  YES, I DID.
- YOU HAD COPIES MADE
OF HER LETTERS?
- YES, SIR.
- WITH HER APPROVAL?
SHE KNEW I WAS GONNA BE
READING HER MAIL,
SHE DIDN'T KNOW
I'D BE MAKING COPIES.
- ON WHOSE ORDERS?
- I WAS INSTRUCTED BY MR. PALMER
TO REVIEW ALL HER MAIL.
- WHY?
- WE WERE AFRAID SHE WOULD
REVEAL HER LOCATION.
- YOU MEAN SHE WAS NOT PERMITTED
TO TELL ANYBODY
WHERE SHE WAS BEING KEPT?
- WE KEPT HER LOCATION A SECRET
FOR HER OWN SECURITY, SIR.
- YOU MEAN, YOU FELT SHE WAS IN
DANGER, HERE IN TEMPELHOF,
A US MILITARY BASE?
- YES, SIR.
- DANGER FROM WHOM?
FROM THE EAST GERMANS, SIR.
- PLEASE CONTINUE, MR. HELLRING.
I HAVE HERE A PAGE
FROM THE TRANSCRIPT
OF YOUR NOVEMBER 28TH
INTERROGATION OF MRS. RADKE.
- WHAT PAGE IS THAT,
MR. HELLRING?
- AH, PAGE 13, YOUR HONOR.
- THANK YOU.
- THIS IS YOU SPEAKING.
WE UNDERSTAND WHAT YOU
WENT THROUGH
WHEN THE PAPERS DID NOT COME.
YOU THOUGHT THAT HANS
HAD BEEN ARRESTED
AND THE HIJACKING,
"THE HIJACKING IS NOT
SUCH A BAD THING."
NOW WHEN YOU SAID THIS,
WERE YOU TRYING
TO PERSUADE HER
OR INDUCE HER TO CONFESS?
- MY MOTIVE WAS TO INSTRUCT HER
AS TO WHAT INFORMATION WE HAD
ABOUT MR. SCHUSTER.
- EXCUSE ME, COLONEL.
MS. BAUER, I WANT THAT LAST
QUESTION REPEATED, PLEASE.
NOW COLONEL I WANT YOU TO LISTEN
VERY CAREFULLY
TO THAT QUESTION
BEFORE YOU ANSWER AGAIN.
- WHEN YOU MADE THE STATEMENT,
WERE YOU TRYING TO PERSUADE HER
OR INDUCE HER TO CONFESS?
- COLONEL, DO YOU NOW,
UNDER OATH,
READ THOSE WORDS
AS AN INDUCEMENT?
I'M AFRAID I CAN'T HEAR
YOU, COLONEL.
WOULD YOU MIND SPEAKING UP?
- I SAID, YES, YES, I DO.
I SHOULDN'T HAVE USED
THOSE WORDS.
THAT WAS A POOR CHOICE OF WORDS
ON MY PART.
AND DO YOU NOW FIND THIS
SORT OF INDUCEMENT
CONSISTENT
WITH THE DUTIES OF AN OFFICER
OF THE US DEPARTMENT OF DEFENSE?
- NO.
- NO MORE QUESTIONS, YOUR HONOR.
THANK YOU, COLONEL.
YOU MAY STEP DOWN.
I FIND IT TO BE A FACT
THAT THE UNITED STATES HELD THE
DEFENDANT, MRS. RADKE,
BECAUSE THEY SUSPECTED
THAT SHE WAS IN LEAGUE
WITH THE DEFENDANT, MR. THIELE.
AND I FIND THAT WITHOUT ENOUGH
EVIDENCE TO FORMALLY CHARGE HER,
THAT THEY NONETHELESS CONTINUED
TO HOLD HER AND HER CHILD
IN ILLEGAL CUSTODY.
THIS COURT ALSO FINDS THAT THE
DEFENDANT, MRS. RADKE,
WAS UNLAWFULLY AND
UNCONSTITUTIONALLY INDUCED
BY COLONEL PATRICK HELLER
TO GIVE STATEMENTS THAT
SHE EXPLICITLY
DID NOT WISH TO GIVE.
ACCORDINGLY, THE COURT RULES
THAT THE STATEMENT GIVEN ON
NOVEMBER 28, 1973,
MAY NOT BE USED IN EVIDENCE
AGAINST THE DEFENDANT,
- [CROWD MURMURS]
- [GAVEL BANGS]
AND THAT IT MUST BE SUPPRESSED.
IF THE PROSECUTION CAN MAKE A
CASE AGAINST MRS. RADKE,
WITHOUT HER STATEMENT,
LET IT DO SO.
IF NOT, THE CASE AGAINST HER
WILL BE DISMISSED,
AND ALL RESTRAINTS UPON HER
FREEDOM WILL BE DISCHARGED.
- YOUR HONOR?
- YES, MR. PALMER,
WHAT IS YOUR PLEASURE?
- WHILE THE UNITED STATES
OCCUPATION AUTHORITIES
BELIEVE THAT THE COURT'S ORDER
AND OPINION
REGARDING THE DEFENDANTS'
CONSTITUTIONAL RIGHT
TO A TRIAL BY JURY ARE NOT
CORRECT AS A MATTER OF LAW,
THEY NEVERTHELESS
WANT TO MOVE THESE PROCEEDINGS
TO A RESOLUTION,
AND THEY WILL
THEREFORE ENDEAVOR
TO GIVE EFFECT
TO THE COURT'S ORDER.
- RESPONDING WITH ONE
SIMPLE WORD, MR. PALMER.
DO THESE DEFENDANTS GET A TRIAL
BY JURY?
YES.
[APPLAUSE]
- FEELING PRETTY
SELF SATISFIED, AREN'T YOU?
- YEP.
- A LITTLE SMUG, MAYBE?
- YEP.
YOU KNEW YOU WOULD WIN
ALL ALONG, DIDN'T YOU?
- NOPE.
- CAN YOU SAY ANYTHING
BUT YEP OR NOPE?
- NOPE. YEP.
- TERRIFIC, I'M MARRIED
TO GARY COOPER.
- NOPE. SPENCER TRACY.
WE ARE RECONVENED
TO HEAR A PRE-TRIAL MOTION
TO DISMISS THE CASE
AGAINST MRS. RADKE.
- YOUR HONOR.
AT THIS TIME
THE UNITED STATES WISHES
TO DISMISS ITS CASE
AGAINST SIGRID RADKE.
[CROWD MURMURS
AND GAVEL POUNDS]
MR. PALMER.
I THINK SHE NEEDS
MUCH MORE THAN THAT, SIR.
ARE YOU PREPARED TO USE
YOUR OCCUPATIONAL AUTHORITY
TO FORBID THE GERMAN COURTS
FROM PRESSING ANY
FURTHER CHARGES AGAINST HER?
- YES.
- THEN THE MOTION IS GRANTED.
MR. HELLRING.
- YES, SIR.
THE CASE AGAINST YOUR CLIENT
IS DISMISSED.
- THANK YOU, SIR.
RADIO: AN UPDATE ON THE
TEMPELHOF HIJACK TRIAL.
FOLLOWING THE ACQUITTAL
OF SIGRID RADKE,
HER ATTORNEY, BERNARD HELLRING,
HAS ANNOUNCED HE'LL STAY ON
AS THIELE'S DEFENSE.
- WE RUSSIANS HAVE NO HERITAGE
OF COMMON LAW
WITH ITS HABEAS CORPUS.
NO HISTORICAL TRADITIONS
OF PUBLIC POLITICAL DEBATES.
POWER IS POWER. QUITE SIMPLY.
AND A TRIAL IS NOTHING MORE
THAN ANARCHY.
THIS JUDGE. THIS MAN STERN.
WHY IS HE SO UNGOVERNABLE?
- THIS JUDGE
HAS A DISTORTED SENSE
OF WHAT SERVES THE BEST
INTERESTS OF THE UNITED STATES.
- NOT JUST THE UNITED STATES.
MY GOVERNMENT IS WORRIED.
WORRIED, MR. WILDE.
WORRIED ENOUGH TO HAVE
PUT ME ON A PLANE.
AND BEFORE I EMBARK ONCE AGAIN,
I EXPECT US TO HAVE FOUND
A SOLUTION
THAT WILL DISSUADE OTHERS
FROM HIJACKING PLANES
OR OTHER SUCH ACTS OF TERRORISM.
THIELE MUST BE SENTENCED
TO A TERM IN JAIL.
THAT IS VERY IMPORTANT.
THE RECORD MUST SHOW
HIS CRIME WAS INDEED
A CRIME.
EVEN IF I WERE TO AGREE WITH
YOU, MR. ANDREYEV,
THERE IS NOTHING I CAN DO
TO FORCE THE DECISION
OF A JURY.
WHAT IN THE NAME OF GOD
IS HAPPENING HERE?
- YOU SAID YOU WANTED TO HAVE
FIVE HUNDRED PROSPECTIVE JURORS,
JUDGE.
THIS IS THEM.
THESE ARE RUSSIAN SOLDIERS,
AREN'T THEY?
- SURE ARE.
- WHAT ARE THEY DOING HERE?
WAITING FOR US TO STRANGLE
IN OUR OWN CONTRADICTIONS.
STEVE, WHAT THE HELL ARE THESE
RUSSIANS SOLDIERS DOING HERE?
- THEY'RE HERE TO TO INTIMIDATE
THE JURORS, I IMAGINE.
- CAN'T YOU DO ANYTHING
ABOUT THAT?
- NO, SIR.
- WHY NOT?
BECAUSE IF WE
CONTINUE TO BELIEVE
THAT WE HAVE THE RIGHT TO CROSS
INTO EAST BERLIN
ANY TIME WE WANT,
THEN I CAN'T STOP THEM
FROM COMING.
DO YOU WANT MORE COPS HERE?
- NO, FOR GOD'S SAKES,
NO MORE BODIES.
JUST GET EVERYBODY INSIDE.
ALL RIGHT.
EVERYONE IN, LET'S GO!
- IS THIS WORKING? YEAH.
LADIES AND GENTLEMEN,
WELCOME TO THE UNITED STATES
COURT FOR BERLIN.
- MEINE DAMEN UND HERREN,
HERZLICH WILLKOMMEN
IM GERICHTSHOF DER VEREINIGTEN
STAATEN VON AMERIKA IN BERLIN..
- UNDER OUR SYSTEM OF JUSTICE
A JURY AND A JURY ALONE
HAS THE POWER TO DECIDE
WHAT HAS BEEN PROVEN
AND WHAT HAS NOT BEEN PROVEN
IN A COURT OF LAW.
ONLY THOSE PEOPLE
WHO ARE CHOSEN JURORS,
THE TWELVE MEN AND WOMAN
RANDOMLY SELECTED
FROM THE COMMUNITY,
WILL HAVE THE RIGHT TO DECIDE
THE FACTS OF THIS CASE
AND BASED UPON THOSE FACTS
DETERMINE THE GUILT OR INNOCENCE
OF THE ACCUSED.
- LADIES AND GENTLEMEN
OF THE JURY,
WE ARE HERE
SO THAT YOU CAN DETERMINE
THE GUILT OR INNOCENCE OF A MAN.
IS THIS A MAN
WITH CRIMINAL INTENT?
IS THIS A MAN WHO COULD STEAL?
WHO WOULD KILL?
NOW WHAT KIND OF A MAN
IS HELMUT ALEXANDER THIELE?
- YOU REALIZE THE POLISH CREW,
THE PILOT, THE STEWARDESS,
THEY'LL ALL TESTIFY.
- YES, THAT'S GOOD.
THEY WILL TELL THE TRUTH.
I DIDN'T COME TO WEST BERLIN
TO GIVE
THE KIND OF FALSE CONFESSION
THEY TAKE IN THE EAST.
I WANT THE TRIAL THE JUDGE SAID
I COULD HAVE.
I WANT TO BE JUDGED
BY MY OWN PEOPLE.
- HE WAS STANDING OVER HER.
- THE STEWARDESS, YOU MEAN.
- YES, BEATA LEVANDOVSKA.
HE WAS HOLDING HER BY THE HAIR
WITH ONE HAND,
AND IN HIS OTHER HAND,
HE WAS HOLDING A PISTOL
AT HER HEAD.
- AND WHAT DID HE DO THEN?
- HE DEMANDED THAT WE LAND
IN WEST BERLIN.
IF HIS DEMANDS
ARE NOT FULFILLED,
HE WILL SHOOT
BEATA
LEVANDOVSKA.
- CAPTAIN, CAN YOU IN
THIS COURTROOM
SEE THE MAN WHO HELD
THE PISTOL
TO BEATA LEVANDOVSKA'S HEAD?
- HE IS THERE.
- LET THE RECORD SHOW,
YOUR HONOR,
THAT THE WITNESS HAS IDENTIFIED
HELMUT THIELE.
- VERY WELL.
- GO ON, CAPTAIN,
WHAT DID YOU DO THEN?
FIRST I BEGAN TO TO ANALYZE
THE SITUATION,
THEN I DECIDED TO FULFILL
THE REQUEST.
THE DEMAND TO LAND AT TEMPELHOF.
- AND, CAPTAIN, WHY DIDN'T YOU
LAND AT SCHOENEFELD ANYWAY,
AS YOU WERE SCHEDULED TO DO?
- NOBODY GAVE ME NOR CAN GIVE ME
NEITHER A MORAL RIGHT
NOR A WRITTEN LAW
AUTHORIZING ME TO RISK
THE HEALTH AND LIFE
OF PASSENGERS
ENTRUSTED TO ME.
- OF COURSE, CAPTAIN.
-  AT THAT MOMENT,
I FELT A SHARP JERK,
SOMEBODY PULLED ME BY THE HAIR.
I FELT SOMETHING,
SOME HARD OBJECT
BEING PRESSED VERY FIRMLY
TO THE BACK OF MY HEAD.
SO I COULDN'T MOVE.
- AND WHAT DID YOU HEAR?
- I HEARD THE MAN DEMAND
THAT WE FLY TO WEST BERLIN.
HE SAID ALSO
THAT I SHOULDN'T MOVE.
IF I MOVE, HE WILL KILL ME.
AND UNLESS THE CREW DOES THIS,
HE SAYS, HE WILL KILL ME TOO.
- AND WHERE WAS
THE GUN?
- POINTED AT THE BACK
OF MY HEAD.
THE WHOLE TIME UNTIL WE LANDED.
AND THIS GUN THAT WAS POINTED AT
THE BACK OF YOUR HEAD
FOR THOSE INTERMINABLE MOMENTS,
DO YOU KNOW WHAT GUN IT WAS?
WHAT SORT OF GUN?
- I DON'T KNOW.
I COULDN'T SEE THE GUN.
- HE WAS HOLDING IT
TO THE BACK OF MY HEAD.
- TELL ME.
HOW DID THAT MAKE YOU FEEL?
I WAS, I WAS TERRIFIED.
- MISS LEVANDOVSKA,
YOU SAID THAT MR. THIELE
HELD YOU BY THE HAIR
WHILE HE KEPT A GUN
PRESSED AGAINST YOUR HEAD.
NOW WAS THIS THE WHOLE TIME?
- YES, IT WAS THE WHOLE TIME.
- UNTIL YOU LANDED
IN TEMPELHOF, RIGHT?
- YES, THAT IS RIGHT.
AND WHERE WAS MR. THIELE
STANDING?
- HE WAS STANDING BEHIND ME.
- BEHIND YOU.
- BEHIND ME.
- MR. BEST, WOULD YOU MIND,
PLEASE.
THANK YOU VERY MUCH.
YOUR HONOR, IF IT WOULD NOT
OFFEND THE COURT,
MAY I UH...
- YES, OF COURSE, MR. HELLRING.
- THANK YOU, SIR.
LIKE THIS?
IS THIS THE WAY HE HELD YOU?
- YES, IT WAS LIKE THAT.
- YES. AND DURING THIS TIME,
WERE YOU SMOKING A CIGARETTE?
- YES, I DID?
- YES, WHO'S CIGARETTE?
- MR. THIELE'S CIGARETTE.
HE DIDN'T ALLOW US
TO SMOKE OUR OWN.
- YES. AND WAS ANYBODY ELSE
SMOKING?
- YES, THE STEWARD, MR. GAVLIK.
AND MR. THIELE SMOKED, TOO.
- HE DID?
- YES, HE DID.
OH, AND UH, HIS CIGARETTES.
WHERE DID HE KEEP THEM?
- IN THE POCKET.
IN HIS COAT POCKET.
- UH, DID SOMEBODY ELSE
TAKE THEM OUT FOR HIM?
- IT WAS THE STEWARD.
MR. GAVLIK.
HE TOOK THE CIGARETTES
OUT OF THE POCKET.
AND WHO LIT MR. THIELE'S
CIGARETTE?
- I DID.
UH, MR. THIELE
WAS STILL BEHIND YOU,
HOLDING YOUR HAIR
IN ONE HAND,
AND THE GUN IN THE OTHER,
AND YOU LIT HIS CIGARETTE?
- THAT IS RIGHT.
UH, IS IT TRUE THAT WHEN
MR. THIELE WAS ASKED WHY
HE WAS HIJACKING THE PLANE,
HE SAID HE WAS DOING IT FOR HIS
FAMILY, IS THAT TRUE,
DID HE SAY THAT?
- YES, THAT IS TRUE.
- NOW, WHEN HE SAID THIS,
DID HE ALSO SHOW ANY PICTURES
OF HIS FAMILY?
WOULD YOU LIKE
THE QUESTION REPEATED?
- NO. HE COULDN'T
SHOW US THE PICTURE,
BECAUSE UH, BECAUSE  HE WAS
HOLDING ME THE WHOLE TIME.
HE ASKED MR. GAVLIK TO LOOK
FOR THE PICTURES IN HIS WALLET.
- EXCUSE ME MR. HELLRING. MADAM.
MAYBE I'M NOT
HEARING THIS CORRECTLY.
YOU SAY HE WAS
STANDING BEHIND YOU,
HOLDING YOUR HAIR IN ONE HAND,
AND HE HAD A GUN IN THE OTHER,
IS THAT CORRECT?
- YEAH, THAT'S CORRECT.
AND CAN YOU EXPLAIN
HOW HE MANAGED
TO PASS THE CIGARETTES AROUND
AND GIVE THIS OTHER MAN
HIS WALLET?
DID HE HAVE MORE THAN TWO HANDS
AT A TIME?
I DO NOT KNOW HOW HE DID IT.
I HAD MY BACK TO HIM.
I'M SORRY TO BE LATE.
- OH, THAT'S ALL RIGHT.
WHAT'S SO URGENT?
- REMEMBER THOSE THREE GENTLEMEN
IN COURT TODAY?
THE ONES WHO SEEMED TO MAKE
THE POLISH CREW
SO FULL OF DISCOMFORT?
- YES.
- WELL, I'VE DONE SOME SNOOPING.
- MR. GAVLIK, YOU TESTIFIED THAT
MR. THIELE
ENTERED THE GALLEY
OF THE AIRPLANE
BRANDISHING A GUN
AND YELLING THAT HE WAS GOING TO
SHOOT MISS BEATA LEVANDOVSKA.
IS THAT  RIGHT?
- YES, THAT IS CORRECT.
- YES.
- AND WHERE WERE YOU
AT THE TIME?
- UM...IN THE GALLEY.
- UH-HUH. AND WHERE
WAS MISS LEVANDOVSKA?
UM, SHE WAS IN THE GALLEY, TOO.
- YOU SEEM A LITTLE NERVOUS,
MR. GAVLIK.
IS THERE SOMEBODY IN THE PUBLIC
GALLERY THAT YOU KNOW?
- NO.
- YOU'RE SURE?
- YES.
- UH-HUH.
UH, DO YOU KNOW A MAN
BY THE NAME OF
ROLAND ALEKSANDROVITCH?
- I KNOW HIM ONLY BY NAME.
- UH-HUH. AND DO YOU KNOW HIM
TO  BE THE PROSECUTOR GENERAL
FROM WARSAW?
- YES.
- WELL, IS HE IN THIS COURT?
- I DON'T KNOW.
- YOU DON'T KNOW.
- RIGHT.
- WILL MR. ROLAND
ALEKSANDROVITCH PLEASE RISE.
- OBJECTION, YOUR HONOR.
WHO MAY OR MAY NOT BE
IN THE GALLERY
HAS LITTLE BEARING
IN THESE PROCEEDINGS.
- OVERRULED. GO ON,
MR. HELLRING.
WILL MR. ALEKSANDROVITCH STAND,
PLEASE?
NOW IS THIS THE MAN
YOU KNOW TO BE
ROLAND ALEKSANDROVITCH?
- YES.
- JUST A MOMENT, SIR.
HAVE YOU EVER DISCUSSED
YOUR TESTIMONY WITH HIM?
- NO.
- NEVER?
- NO.
- ANYWHERE?
- NO, SIR.
YOU CLAIM TO KNOW HIM
ONLY BY NAME.
DO YOU DENY COMING TO THE COURT
WITH HIM TODAY?
DO YOU DENY THAT HE BROUGHT YOU
HERE FROM POLAND
AND WILL TAKE YOU BACK AGAIN?
- OBJECTION
- I HAVE NO MORE USE
FOR THIS WITNESS, YOUR HONOR.
HIS CREDIBILITY SPEAKS
FOR ITSELF.
YOU GOTTA HAND IT TO BARNEY
AND JUDAH.
THEY'RE KICKING
THE GOVERNMENT'S ASS.
- YOU BOOTED SOME BUTT YOURSELF,
YOUR HONOR.
- THEY DIDN'T LEAVE ME
ANY CHOICE.
- THEY MAKE IT HARD TO RESIST.
- CAN YOU BLAME ME? (LAUGHS)
- AND WHAT'S THE DEFENSE
GONNA BE?
THAT THIELE WAS JUSTIFIED
IN THE HIJACKING
BECAUSE HE WAS GOING TO BE
ILLEGALLY ARRESTED
FOR LANDING IN THE EAST?
THAT'S A GOOD QUESTION, BRUNO.
BUT THE REAL PROBLEM
FOR THE DEFENSE
IS WHETHER OR NOT PUT
HELMUT THIELE ON THE STAND.
DON'T THEY HAVE TO?
HOW CAN THEY HAVE A DEFENSE
IF HE DOESN'T TESTIFY?
- KEEP YOUR EYE ON THAT WOMAN.
- I HAVE KNOWN HIM
FOR MANY YEARS.
AND I ALSO KNEW
THAT HE DESPERATELY
WANTED TO GO TO WEST BERLIN
TO SEE HIS LITTLE BOYS.
HIS WIFE MARIA, SHE,
SHE WAS POLISH,
AND SHE HAD LEFT HIM
TWO YEARS BEFORE
AND HAD TAKEN THE TWO BOYS
WITH HER TO WEST BERLIN.
SO HELMUT FELT MISERABLE
WITHOUT THEM.
AND MRS. THIELE NEVER BROUGHT
THE BOYS BACK
TO SEE THEIR FATHER?
- NO, NEVER.
WILL YOU NOW TELL THE COURT
AND THE JURY
EXACTLY HOW HELMUT THIELE
BECAME INVOLVED WITH THE ESCAPE?
MY FRIEND FROM HAMBURG
HAD THE PLAN
THAT FIRST I WOULD GO ALONE.
BUT I WAS TERRIFIED.
I HAD MY CHILD WITH ME, AND...
IT'S SO DANGEROUS.
SO WITH A FRIEND,
I WOULD FEEL SAFER.
I ASKED HELMUT,
AND HE SAID, YES.
- SO YOU BOTH WENT
TO GDANSK TOGETHER
AND THAT IS WHERE YOUR FRIEND
WITH THE FORGED PAPERS
FAILED TO SHOW UP?
- YES. WE KNEW SOMETHING
TERRIBLE MUST HAVE HAPPENED.
HE SAID, HE'S  BEEN IMPRISONED,
HE IS ARRESTED.
THEY CAUGHT HIM,
NOW WE ARE FINISHED.
THE SAME THING
WILL HAPPEN TO US, TOO.
- AND THAT'S WHEN
THE PLAN WAS HATCHED?
- I'M SORRY. I DON'T KNOW
WHAT HATCHED MEANS.
AND THAT'S WHEN YOU MADE
THE HIJACKING PLAN.
- YES.
WE ARE VERY FRIGHTENED.
WE DON'T KNOW WHAT TO DO.
WE WALK, WE ARGUE,
WE ARE AT THE FLEA MARKET
WHEN I RECOGNIZE
THAT MY DAUGHTER HAS LEFT.
SO I SEE HER STARING ONTO
SOMETHING AT THE STAND
BEHIND US.
THEN SHE SAYS MAMA,
AND I WENT BACK TO HER,
AND I SEE A GUN,
SHE POINTS AT IT.
I SEE A GUN, A TOY GUN.
SUDDENLY HELMUT HAD THE PLAN
THAT WE SHOULD BUY THE GUN,
SNEAK IT ON THE PLANE
AND USE IT THEN
TO DIVERT THE PLANE
TO WEST BERLIN.
I SAY IT IS CRAZY,
WE DON'T HAVE ANY MONEY,
SO HOW CAN WE BUY THE GUN,
AND IF WE HAVE THE MONEY,
HOW CAN WE GET THE GUN
ON THE PLANE,
AND IF WE HAVE IT ON THE PLANE,
HOW TO HIJACK A PLANE WITH
A TOY, THAT'S CRAZY,
BUT HE SAYS, FOR MONEY,
WE SHALL SELL ALL THE CLOTHES
THAT WE DON'T NEED
AT THE FLEA MARKET.
SO SOON WE HAVE ENOUGH.
AND HE BUYS A BEAR FOR MARINA,
AND I SEE THE GUN CLOSE UP FOR
THE FIRST TIME.
IT'S SO SMALL,
IT WAS ABSOLUTE CRAZY.
I TELL HIM WE CAN'T DO IT,
BUT HE SAYS NOT TO WORRY,
IT WILL WORK.
- NOW, HOW DID YOU EXPECT TO
GET THE GUN
THROUGH THE CUSTOMS?
- THAT'S MY FEAR.
SECURITY GUARDS BROUGHT US
TO THE PRIVATE ROOMS
WHERE WE ARE SEARCHED.
AND THAT'S WHEN THE GUN
WAS FOUND?
- YES. THE WOMAN FOUND IT.
MY HEART WAS READY TO BURST,
BUT SHE GAVE IT BACK TO MARINA
AND TELLS HER TO BE CAREFUL
WITH HER TOY.
- FRAU RADKE.
YOU'VE STATED THAT THIS GUN
DOESN'T LOOK REAL TO YOU.
IS THAT CORRECT?
- YES.
- THEN WHY DID IT LOOK REAL,
THE SAME GUN,
TO BEATA LEVANDOVSKA,
WHEN THIELE HELD IT TO HER HEAD?
- I DON'T KNOW.
WHY DID THIS SAME GUN LOOK REAL
TO THE PILOT,
AS HE TRIED TO LAND AN AIRPLANE?
- WELL, I JUST TOLD YOU--
I COULDN'T SEE IT BECAUSE I WAS
SITTING IN THE--
- YOUR HONOR,
IT DOESN'T MATTER
IN FACT WHETHER THIS GUN
LOOKED REAL OR NOT,
AS LONG AS THE PASSENGERS-- 
- GENTLEMEN, PLEASE!
THERE'S BEEN AN OBJECTION,
AND I'VE NOT HAD A CHANCE
TO RULE ON.
MR. HELLRING.
IT HAS ALREADY BEEN WELL
ESTABLISHED, YOUR HONOR,
THAT MRS. RADKE DID NOT SET FOOT
IN THE COCKPIT,
SO HOW DID SHE KNOW WHAT ANYONE
WAS THINKING?
- OBJECTION SUSTAINED.
THE WITNESS WILL NOT ANSWER
THE QUESTION,
THE JURY WILL DISREGARD IT.
PLEASE CONTINUE, MR. SHERMAN.
- MRS. RADKE.
IN WHOSE CLOTHING
WAS THE GUN HIDDEN?
- IN MY DAUGHTER MARINA'S COAT.
- WHY? WHY, MRS. RADKE?
WHY DID YOU USE YOUR OWN CHILD?
- I DIDN'T USE MY OWN CHILD.
I HAD TO GO THROUGH THE CUSTOMS.
TO FOOL THE CUSTOMS PEOPLE.
BESIDE OF THAT, IT WAS JUST
A LITTLE TOY.
IT DOESN'T LOOK REAL.
WHAT IS WRONG WITH A CHILD
WITH A TOY?
- WHOSE IDEA WAS IT TO USE
THE SEVEN-YEAR-OLD CHILD?
- IT WAS HELMUT'S IDEA.
- ONE LAST QUESTION.
THE DEFENSE HAS ESTABLISHED,
AND THE COURT HAS RULED
THAT YOU HAD NOTHING TO DO
WITH THE HIJACKING,
IN FACT YOU NEVER EVEN SET FOOT
IN THE COCKPIT.
YET YOU DID HAND THIELE THE GUN,
AND YOU DID KNOW
WHAT HE WAS GOING TO DO.
THE DESPERATE ACT
OF A DESPERATE MAN.
AND YOU KNEW THERE WAS DANGER.
FOR THE PASSENGERS, FOR
THE CREW, FOR YOUR OWN DAUGHTER.
WHY DID YOU DO NOTHING
TO STOP HIM?
- BECAUSE IT WASN'T POSSIBLE.
- THANK `YOU.
HELMUT, AT, AT THE COURTROOM,
YOU REALLY HAVE TO BELIEVE ME,
I DIDN'T WANT TO PUT YOU--
- PLEASE, YOU HAD TO SAY
THE TRUTH,
IT'S OKAY, IT IS GOOD.
- BUT IT WAS CONFUSED.
THEY ALL TOLD DIFFERENT STORIES.
THE PILOT, THE STEWARDESS.
AT THE END, I DIDN'T KNOW
WHAT£S TRUE AND WHAT'S NOT TRUE.
- AS YOU SAY.
YOU COULDN'T SEE.
- HELMUT, PLEASE...
- YOU REMEMBER, ON THE PLANE,
WHEN I TOLD YOU TO GIVE ME
THE GUN?
- YA.
THIS WAS THE MOMENT
I SAID TO MYSELF,
"THIS IS IT," AND I GO
TO THE FRONT OF THE PLANE.
THEY WERE READY TO LAND
AT SCHOENEFELD.
SO I POINT THE GUN AT THE GIRL
AND SAY,
- TAKE ME TO WEST BERLIN,
OR I WILL SHOOT HER.
- SO IT'S TRUE, YOU DID IT.
- NO, NO. I DIDN'T HURT HER.
I DIDN'T HURT ANYBODY. I CAN'T.
I WAS TOTALLY NERVOUS.
BELIEVE ME.
[SPEAKING FOREIGN LANGUAGE]
- GOOD, GUENTHER.
DO WHAT YOU MUST DO.
BUT TRY TO KEEP OUR NAME
OUT OF IT.
- MR. HELLRING.
- YES?
- PLEASE. I MUST SPEAK WITH YOU.
- WHO ARE YOU?
- I WAS ON THE AIRPLANE
WITH HELMUT THIELE.
- OUR LAST WITNESS, YOUR HONOR,
IS A REFUGEE FROM EAST GERMANY.
- YOU MAY PROCEED.
NOW, SIR, ON AUGUST THE 31ST,
1978,
YOU AND YOUR WIFE AND CHILD
WERE PASSENGERS ON LOT FLIGHT
165. IS THAT CORRECT?
- YA.
- YEAH. AND WHEN THE PLANE
LANDED AT TEMPELHOF,
YOU BOTH TOOK ADVANTAGE
OF THE MOMENT TO DEFECT.
- YA.
BUT YOU WERE LEAVING YOUR
FAMILY, EVERYTHING BEHIND.
YOUR FAMILY, YOUR FRIENDS,
POSSESSIONS, YOUR WORK.
AND HOW WERE YOU EMPLOYED?
UH, I WORKED AS A TYPESETTER
IN THE DAY...
AND AT NIGHT I WAS A STUDENT.
BUT I WAS EXPELLED.
- WHY?
- UH, I STUDIED
THE GERMAN ROMANTICISTS,
HEINE, SCHILLER, AND THE FRENCH
EXISTENTIALISTS,
CAMUS AND SARTRE,
AND THEN I WRITE A TERM PAPER
THAT WAS CRITICAL
OF THE PARTY LINE.
- HAD YOU EVER BEFORE
HAD THE IMPULSE TO DEFECT?
- OH, YEAH.
I WAS ONE OF TWO CHILDRENS,
UH, MYSELF,
MY OLDER BROTHER PETER.
WE GREW UP IN EAST BERLIN.
VERY CLOSE TO THE WALL.
UH, WE ALWAYS HATED THE WALL.
WOULD ALWAYS UH...DREAM...
OF GOING OVER.
AND ONE NIGHT,
ABOUT EIGHT YEARS AGO...
UH, WE DECIDE TO ESCAPE.
UM, AND WE SAY GOODBYE
TO OUR MOTHER.
WE ARE PRAYING THAT WE WILL BE
TOGETHER AGAIN, A FAMILY AGAIN.
AND AT NIGHT, UH...
THE BLOOD WAS POUNDING
IN MY HEAD,
AND OH, MEIN GOTT.
HOW WE RAN, YA.
AND WE WERE RUNNING
AND MY BROTHER
WAS FASTER THAN I,
AND UH, HE GOT TO THE WALL,
AND I UH, I FALL...
VERY HARD,
AND I TWISTED MY ANKLE,
AND UH...
THEN I HEAR SHOTS.
AND I LOOK UP...
AND THERE IS A BANG-BANG-BANG.
AND A LONG TORTURED SCREAM.
IT'S MY BROTHER.
SCREAMING AND FALLING...
AND THEN UH...
THE DOGS. I HEAR THESE DOGS.
IT'S A GROWLING,
MAKING SO HORRIBLE NOISES.
THEN NOTHING.
SILENCE. JA.
WHAT CAN I DO? NOTHING.
FOR THIS I WAS ARRESTED.
- HOW OLD WERE YOU?
- 17.
- AND YOU WERE IMPRISONED
FOR HOW LONG?
- FOR ONE YEARS
AND THREE MONTHS.
YOU TOLD ME THAT
IF YOU HAD BEEN SUCCESSFUL
IN ESCAPING TO THE WEST,
YOU AND YOUR BROTHER WOULD HAVE
BOUGHT YOUR MOTHER'S FREEDOM.
HAVE YOU DONE THAT?
- NO.
UH, I SAID THAT
SHE WOULD POSSIBLY
BE ALLOWED TO JOIN US UH...
WHEN SHE BECAME 65.
- YES.
- OBJECTION, YOUR HONOR.
WOULD MR. HELLRING
PLEASE GET TO THE POINT.
- YOUR HONOR, I AM MERELY TRYING
TO DEFINE THE CHARACTER
AND CREDIBILITY OF THIS WITNESS.
- OBJECTION SUSTAINED.
WOULD YOU PLEASE
GET TO THE POINT, MR. HELLRING.
WILL YOU TELL US NOW PLEASE
TO THE BEST OF YOUR RECOLLECTION
EXACTLY WHAT HAPPENED
ON THAT AIRPLANE?
UH...
OKAY.
UH...
WHEN WE ARE ABOUT TO LAND
IN SCHOENEFELD,
I AM IN THE RESTROOM.
AND I COME OUT.
SO I AM VERY CLOSE
TO THE COCKPIT,
AND I CAN HEAR INSIDE
A VERY STRANGE UH, CONVERSATION.
A MAN'S VOICE...
SAYS UH, UH...
"THIS IS A TOY, THIS GUN.
WHY DO YOU DO SOMETHING CRAZY
LIKE THIS?"
AND ANOTHER MAN'S VOICE SAYS,
"MY CHILDRENS ARE IN THE WEST,
AND THAT IS WHERE I MUST BE."
AND THEN HE SAYS,
"I HAVE MY CHILDRENS PICTURES.
WOULD THEY LIKE TO SEE THEM?"
AND I THINK THEY SAY, YES.
THEN UH, OH, YES, UH...
SOMEONE SAYS UH...
"UH, DO YOU HAVE A LIGHT?"
AND I THINK THEY ARE SMOKING
CIGARETTES TOGETHER.
I SENSE THAT THEY ARE IN
SYMPATHY WITH THIS MAN.
AND ARE CONSIDERING
SCHAU SPIELEN
UH...UH...
TO PLAY ACT WITH HIM
IN THIS HIJACKING.
AND THEN WE ARE ON THE GROUND
HERE IN TEMPELHOF.
AND THIS MAN COMES OUT,
HE SAYS "YOU ARE FREE."
AND I LOOK AT MY WIFE.
I'M THINKING ALL THESE THINGS
AND...
THAT I HAVE TOLD YOU
AND OF MY BROTHER AND MY MOTHER
AND MY WIFE.
SHE IS THINKING THE SAME.
SO WE ARE DECIDED.
(CLEARS THROAT)
IS THERE ANYTHING ELSE
YOU WISH TO ADD?
I DON'T KNOW HOW TO SAY
ALL THAT SHOULD BE SAID.
I WANT TO THANK SO MUCH
MR. THIELE...
FOR WHAT HE HAS DONE FOR US.
HE WAS ABLE, HE HAD THE COURAGE,
TO DO WHAT WE ALL
HAD THOUGHT TO DO.
THIS IS ALL I HAVE TO SAY.
- LADIES AND GENTLEMEN
OF THE JURY.
YOU HAVE OBVIOUSLY REALIZED
THAT THIS IS A UNIQUE TRIAL.
THE COURT IS AMERICAN.
YET WE ARE HERE IN GERMANY.
IN BERLIN.
AND THE DEFENDANT,
HELMUT THIELE,
IS A GERMAN.
NOW YOU ARE GERMANS.
I'M A GERMAN.
AND WE GERMANS DO NOT NEED
ANY ADDITIONAL EVIDENCE
AS OF HOW MANY PEOPLE
WANT TO LEAVE THE EAST,
OR WHY THOSE PEOPLE
WANT TO LEAVE.
I DON'T HAVE TO TELL YOU WHY
THEY WANT TO BE FREE.
- BUT WHAT IS FREEDOM?
WHAT DOES IT MEAN?
CAN YOU SEE FREEDOM?
CAN YOU HEAR FREEDOM?
I SAY, YES.
YES.
I SAY THAT EACH AND EVERY
ONE OF US
HAS THE RIGHT, THE DUTY,
TO REACH OUT AND GRAB IT,
IF WE CAN.
- DOES IT REALLY MATTER
WHAT MOTIVES
MR. THIELE MIGHT HAVE HAD?
WE ARE TOLD FROM THE DEFENSE
ABOUT MR. THIELE'S SONS
IN THE WEST.
YES, WE ALL HAVE SONS,
WE ALL HAVE FAMILIES.
YET DID MR. THIELE
FOR ONE MOMENT
THINK ABOUT
THE 68 INNOCENT PEOPLE,
WHOSE LIVES HE WAS PUTTING
IN JEOPARDY?
DID HE THINK ABOUT
THEIR CHILDREN?
- THE FACT OF THE MATTER
IS THAT AS HUMAN BEINGS,
WE CARE WHAT HAPPENS TO ANOTHER
HUMAN BEING.
AND WE CARE ABOVE AND BEYOND
OUR MORAL BELIEFS.
BECAUSE, BECAUSE WE'RE REQUIRED
TO CARE.
- LET US FEEL SYMPATHY,
LET US FEEL COMPASSION.
LET US SHOW UNDERSTANDING
FOR ALL OF THIS.
BUT IN THE MIDST
OF ALL OUR SYMPATHY,
COMPASSION AND UNDERSTANDING,
LET'S NOT FORGET THAT HELMUT
THIELE HIJACKED AN AIRPLANE.
AND IF THE DEFENSE WEREN'T
BRANDISHING THE WORD FREEDOM
WHENEVER POSSIBLE,
ANOTHER WORD
MIGHT COME TO MIND. TERRORISM.
A DELIBERATE ATTACK ON
THE SAFETY OF CIVIL AVIATION.
AND NOWHERE IN THE WORLD,
NOWHERE, IS THE PROTECTION
OF CIVIL AVIATION
AS IMPORTANT AS IT IS HERE
IN WEST BERLIN,
ESPECIALLY AFTER THE AIRLIFT.
SO FOR THAT REASON AND ALL
THE OTHER REASONS WE'VE SHOWN,
YOU COULD HAVE BUT ONE VERDICT.
HIJACKING. GUILTY.
TAKING A HOSTAGE. GUILTY.
DEPRIVATION OF LIBERTY.
GUILTY.
ASSAULT. GUILTY.
ILLEGAL POSSESSION OF A FIREARM.
GUILTY.
[CROWD MURMURS]
WILL THE FOREMAN PLEASE RISE.
WILL THE DEFENDANT PLEASE RISE.
MADAM FOREMAN, HAS THE JURY
AGREED UPON A VERDICT?
- YES, WE HAVE.
- WHAT IS THE VERDICT
OF THE JURY
WITH RESPECT TO COUNT ONE,
HIJACKING, GUILTY OR NOT GUILTY?
- NOT GUILTY.
- COUNT TWO,
DEPRIVING PERSONS OF LIBERTY.
GUILTY OR NOT GUILTY?
- NOT GUILTY.
- COUNT THREE,
DOING BODILY INJURY.
GUILTY OR NOT GUILTY?
- NOT GUILTY.
- COUNT FOUR, ILLEGAL POSSESSION
OF A FIREARM.
GUILTY OR NOT GUILTY?
- NOT GUILTY.
- COUNT FIVE. TAKING A HOSTAGE.
GUILTY OR NOT GUILTY?
GUILTY.
- SCHULDIG?
- JA, SCHULDIG.
- THANK YOU,MR. RISTAU.
MADAM FOREMAN, LADIES
AND GENTLEMEN OF THE JURY.
YOU HAVE DONE ALL
THAT'S BEEN ASKED OF YOU,
AND YOUR WORK IS NOW COMPLETED.
I APPRECIATE THE SACRIFICE,
THE PERSONAL SACRIFICE THAT EACH
ONE OF YOU HAS HAD TO MAKE
IN ORDER TO SERVE HERE.
YOU ARE DISMISSED NOW,
WITH THE GRATITUDE OF THE COURT,
AND WITH MY OWN PERSONAL
GRATITUDE AS WELL.
SENTENCING WILL BE
MONDAY MORNING.
[GAVEL POUNDS]
- ALL RISE.
[DOOR CLOSES]
- HERB?
- YEAH, IT'S ME.
JUST OUT FOR A WALK,
SORRY IF I WOKE YOU.
I WAS NOT ASLEEP.
ARE YOU OKAY?
- YEAH.
- OUR DAUGHTER CALLED.
- EVERYTHING ALRIGHT
AT HOME?
- MM-HMM.
SHE JUST WANTED TO KNOW
WHEN WE'RE GETTING BACK.
- WHAT'D YOU TELL HER?
- I SAID, A FEW DAYS, I HOPE.
GUESS WHAT ELSE.
- WHAT?
SHE SAID THEY DISCUSSED YOU
AND THE AMNISIO CASE
IN HER GOVERNMENT CLASS
THE OTHER DAY.
- REALLY?
- AND SHE WAS VERY PROUD.
WELL, I HOPE
SHE'LL BE AS PROUD
WHEN I SENTENCE THIS POOR
SON OF A BITCH
NEXT MONDAY MORNING.
- IF THE COURT PLEASE,
MR. SHERMAN.
- YOUR HONOR,
THE PROSECUTION WOULD FIND
THAT A TERM OF FOUR YEARS
IS MORE THAN ACCEPTABLE,
AND THAT IS OUR RECOMMENDATION.
- YOU'RE ASKING ME TO GIVE YOU
THIS MAN FOR FOUR YEARS?
- WELL, NOT TO ME, YOUR HONOR.
- TO YOUR CLIENT.
- YES, YOUR HONOR.
TO THE UNITED STATES GOVERNMENT.
- I SEE. THANK YOU, MR. SHERMAN.
(SIGHS)
THIS HAS BEEN THE MOST
EXTRAORDINARY CASE
I'VE EVER BEEN INVOLVED IN.
NOT ONLY HAVE WE HAD TO BALANCE
THE SAFETY
OF CIVIL AVIATION AGAINST
FUNDAMENTAL HUMAN RIGHTS,
NOT TO MENTION COMPLEX
INTERNATIONAL TREATIES,
BUT MOST EXTRAORDINARY
BECAUSE WE HAVE HAD THE JUDGMENT
OF THE PEOPLE CLOSEST
TO THE SITUATION.
THE FREE CITIZENS
OF WEST BERLIN.
AND NOW IT IS MY DUTY
TO HONOR AND ENFORCE
THEIR JUDGMENT.
IMMEDIATELY AFTER
I WAS APPOINTED HERE,
THE PROSECUTION FILED A BRIEF,
ARGUING THAT BASIC
CONSTITUTIONAL RIGHTS
DID NOT APPLY IN THIS COURT,
SPECIFICALLY THE GUARANTEED
RIGHT OF DUE PROCESS.
THEY TRIED TO TELL THIS JUDGE
HOW HE MUST RULE.
THEY PLACED THEMSELVES
ABOVE THE LAW
AND TRIED TO TURN THIS COURT
INTO A CHARADE.
I RULED THAT SUCH A THING WAS
NOT POSSIBLE IN ANY COURT
WHERE THAT FLAG STANDS.
AND NOW, MR. SHERMAN,
MR. PALMER.
I AM LEFT TO WONDER.
WHO WOULD BE HERE TO PROTECT MR.
THIELE'S RIGHTS
IF I DID GIVE HIM TO YOU
FOR FOUR YEARS?
BECAUSE I BELIEVE
YOU REALLY MEAN IT
WHEN YOU SAY HE HAS NO RIGHTS.
AND THERE IS NO LIMIT
TO YOUR POWER.
I AM ALSO LEFT TO WONDER
IF THIS CITY NEEDS ANOTHER JUDGE
WHO FOLLOWS ORDERS.
THEREFORE, GENTLEMEN, NO.
I WILL NOT GIVE THIS MAN TO YOU
UNDER THESE CIRCUMSTANCES.
WILL THE DEFENDANT PLEASE RISE.
MR. THIELE, I SENTENCE YOU
TO TIME SERVED.
YOU ARE A FREE MAN, SIR.
[APPLAUSE]
LADIES  AND  GENTLEMEN,
THESE PROCEEDINGS
ARE CONCLUDED.
[APPLAUSE AND CHEERING
CONTINUES]
THANK YOU!
