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A public defender is an attorney employed by the community
and responsible for giving legal aid without cost to any person who seeks it
and is financially unable to employ private counsel.
It is his duty to defend those accused of crime until the issue is decided in a court of law.
The first public defender's office in the United States was opened in January 1913.
Over the years, other offices were opened, and today that handful has grown to a network,
a network of lawyers cooperating to protect the rights of our clients.
Last year, almost two million people were arrested in the United States.
This is the case history of one of those people,
taken from the files of a public defender in Illinois.
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Get me the police!
Police! Quickly, please!
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It's a diamond ring and earrings.
Oh, and the pin, so big. Five diamonds.
Oh, there she is. That's the girl.
She stole Anna's jewelry. Arrest her.
No! No! My daughter. She wouldn't steal anything.
Bertha Pulaski, age 18, birthplace Warsaw, Poland.
Charged grand theft property.
My office was assigned to defend Bertha Pulaski.
My first stop, as usual, was police headquarters.
Hiya, Marty. I'd like you to run a check for me.
Say the chief.
Well, the name is Bertha Pulaski. I'd like to find out...
Well, at least I ain't out arresting innocent people.
What's going on, Marty?
They shut off your water.
Who shut off my water?
Know what I'd do if I was you?
Say the chief.
Yeah, thanks.
Hello, chief.
Glad you had a safe trip back to Chicago.
We can't spare any fearless champions of the innocent.
You read my Chicago speech, huh?
I sure did. At his at Gettysburg, beat all hollow.
All I stated were the facts based on the records of my office.
Eight out of 100 of our clients who go to trial are found not guilty.
We're pretty stupid.
I didn't say that. But you're human. You make mistakes.
Can I look at some records?
You've got some records at your office. You boasted about them in Chicago.
But chief...
You don't seem to understand, Matthews.
We're working different sides of the street.
We arrest them, you defend them.
We've been friends for almost ten years.
I don't think you want to see an innocent person go to jail any more than I do.
Oh, but you're wrong.
I love to send innocent people to jail.
Read your Chicago speech.
Send the next visitor in. Mr. Matthews is leaving.
Hi, Betty.
Good morning, Mr. Matthews.
My early frost this year.
What innocent prisoner would you like to check on?
Hi, Bart.
Careful, George. Say hello to me.
And they're liable to shut off the immigration service, too.
Betty, can I have the booking slip on Bertha Pulaski?
The Pulaski girl's a client of mine, George.
We're putting a hold on her.
What for?
She entered this country four and a half years ago.
If she's found guilty on grand theft and gets more than a year, she'll be deported.
Where to?
France.
But she's not French.
That's where she entered from.
But there aren't enough jobs for the French. How's she gonna live?
Bart, I didn't make the law.
Mr. Matthews, the man who was here, he was from immigration.
Yes, I know.
Now, this man Wilmar who says that you stole his wife's jewelry...
They'll send me back to Europe.
I understand your mother was his housekeeper.
You won't let them do it, Mr. Matthews. You won't.
Miss Pulaski, would you mind answering my question, please?
I'm sorry.
Your mother was Wilmar's housekeeper?
Since he brought us to America.
I see. And did you get along with Mr. Wilmar?
Mr. Wilmar and his wife were very nice.
Bertha, did you take their jewelry?
No, Mr. Matthews. I swear I didn't.
You don't believe me.
Well, it is rather hard to believe.
A man brings you to this country, treats you well for five years...
and then suddenly, according to you, lies and has you arrested.
Doesn't make sense.
Bertha, are you holding something back?
You have to tell my mother.
About what?
Why Mr. Wilmar is mad at me.
I'll try not to.
Since Mrs. Wilmar died three years ago...
her room has been kept the same.
Her clothes, hats, everything.
Just the way she left it.
That's the room the jewelry was stolen from?
I didn't steal it.
I went to get a book.
He found you in his wife's room?
I was by the bookcase.
I didn't hear him come in.
I'm sorry.
It's all right, Bertha.
I was only going to read a book.
I didn't touch anything.
It's all right, Bertha.
Wait a minute.
It's late.
A minute, please.
You're a very pretty girl.
Thank you.
I like you.
Talk to me.
It's late.
My mother, she's waiting for me.
She is sleeping.
Come.
Sit with me by the fire.
But there is no fire, Mr. Wilmar.
The vase was alive.
Come, sit down.
Anna wouldn't mind you sitting in her chair.
Tomorrow.
Do you know what tomorrow is?
No.
Anniversary.
We've been married 24 years.
Anna's jewelry.
I got it from the deposit box.
We have a party, huh?
Just you and me, Bertha.
You wear the jewelry instead of Anna.
All right?
Please, Mr. Wilmar.
Anna likes you.
I like you.
Please, Mr. Wilmar.
Come, it's the anniversary kiss.
Take your time, I can wait.
Okay.
Why didn't you use that rear door?
It was locked.
It's always locked.
Even my mother doesn't have a key.
And where did you go after you left the room?
I ran out of the house.
I ran down the street.
There's a bench on the corner.
I sat down.
I was crying.
And then what?
I went home.
Mr. Wilmar was there.
There was a man with him.
He said, that's the girl.
He said I took his wife's jewelry.
The man arrested me.
Why didn't you tell your story to the police?
I was afraid.
Afraid they would tell my mother.
I don't understand.
During the war, my mother and I first lived in Poland.
And Czechoslovakia.
Then Italy.
Then France.
Once a German soldier tried to touch me.
My mother got a knife.
She would kill Mr. Wilmar too.
Mr. Matthews.
Because I would not kiss him.
Mr. Wilmar.
Can he send me back to Europe?
Where can I find this Mr. Wilmar?
Maybe home.
In that dead woman's room.
This is Anna's room.
The jewelry was here.
I understand you brought the Polaskys to the United States.
I have entered in the papers.
What kind of papers?
It says, I Hans Wilmar would bring this woman to America.
I said I would see the government not have to give her charity to live.
I see.
In about a month, maybe two months, they come.
Mrs. Polasky, I will be back.
I will be back.
In a month, they come.
Mrs. Polasky, I like right away.
She was a nice woman.
Tomorrow, she could come back to work.
But you did not like Bertha.
It is difficult to say you do not like a child.
In the good book, it says a good tongue is the tree of life.
Bertha had a bad tongue.
Always making trouble.
Always fighting between Anna and me.
How?
Telling Anna lies about me.
She just did not like to see people happy.
Then you never did get along well.
I tried.
As the Lord is my judge, Mr. Matthews, I tried.
Like my own flesh and blood, I treated her.
Anna was a wonderful woman.
We have been married for 20 years.
Even Anna does not like Bertha.
Mr. Wilmar, Bertha told me about the night you found her here.
She did?
Maybe she is finding out that it is better to suffer from the truth than to grow rich by lies.
The book of Proverbs.
She told me that you kissed her, she slapped your face and ran out of the room.
When she returned, the police were here and you had her arrested.
Bertha told you this?
Before I go to sleep, I kiss Anna good night.
Do I need to kiss Bertha too?
What did happen that night?
It was late, I come home, and here I hear the noise.
I came through the door.
Bertha was there holding Anna's jewelry.
I said nothing, I thought perhaps she wanted to look at Anna's jewelry.
What could it have?
And then?
Maybe she saw me in the mirror.
Quickly she ran out.
Why did not you stop her?
Why could not I? She went out the door.
But Bertha told me that door was always locked and that nobody had a key.
Why should it always be locked?
It's the door to the bedroom.
Bertha Polaski facing deportation was a human interest story.
And the local papers made the most of it.
Naturally, they were sympathetic.
So a few mornings later, when I returned to the city jail.
What can I do for you today, Mr. Matthews?
I would like to see the crime report on Bertha Polaski.
Just a minute.
Chief, this is your friend, Mr. Matthews.
He wants to see the crime report on Polaski.
Right.
He says it's okay.
Thank you.
Because you are entitled to it.
Here, I guess you can find it yourself.
Thank you.
Oh, he's coming right out.
Thank you again.
Two questions on the crime report are.
Is this property insured?
If so, by whom?
Wilmar had told the police the jewelry was worth $5,000.
I wondered how much he had insured them for.
I made a note to write to the insurance company back east.
You still got time for your clients?
Why?
I figured you spent all your time at press conferences.
I see by the papers we arrested another poor innocent victim last week.
You're talking about Bertha Polaski.
I think she's going to be another one of those eight out of a hundred.
You know, you won't believe this.
But after reading about that poor girl last night, I cried myself to sleep.
She says she's innocent.
Then why did she refuse a polygraph test?
She refused?
We offered her one.
I'm going over to see Miss Polaski now.
Why don't you come along?
All right, I will.
And if she did it, I'll have a confession out of her before we leave.
Before we go any further, how do you rate him as a lawyer?
He only defends people without money.
How much did Wilmar pay your mother?
$100 a month.
Four and a half years, that's 54 months.
That's better than $5,000.
Didn't she save anything?
Mr. Wilmar took $10 a month.
For what?
To pay him back for our fare on the boat.
Well, that still left $90.
Well, he also took $60 for me.
For you?
He said it cost $15 a week for my room and board.
Well, then he actually only gave her $30 a month.
Yes.
Where did you hide that jewelry?
I didn't take it.
Then why wouldn't you take a polygraph test?
Do you know what a polygraph test is?
No.
A lie detector test.
Oh, yes.
Is that what you meant?
Well, that's why she refused you.
She didn't understand what you were talking about.
Are you still willing to let her try one?
Yes, this afternoon.
Do you agree to take the test, Bertha?
Yes.
We'll make arrangements for this afternoon, then.
Now, you'll remember to answer yes or no to each of the questions I've already read to you.
Yes.
Ready?
Remember, yes or no.
Were you born in Warsaw, Poland?
Yes.
Are you 18 years old?
Yes.
Did you steal the jewelry?
No.
Is your mother in America?
Yes.
Do you know who stole the jewelry?
No.
Did you eat breakfast this morning?
Yes.
Have you told me the truth?
Yes.
Did you come here from France?
Yes.
Were you born in Poland?
Yes.
Did you steal the jewelry?
Yes.
I mean, no.
Are you 18 years old?
Yes.
This tape on the polygraph machine is recording the inner feelings of the subject.
Each question is answered.
Is your mother in America?
Yes.
Did you steal the jewelry?
You've asked me ten times already.
Yes or no, please.
No, no, no.
I think that will be enough.
You can come in, ma'am.
What did you find?
Now, these are the critical questions.
About the jewelry?
Yes.
She denied stealing it, and even later on, when she got flustered, the graph kept a level pattern.
Then she's telling the truth.
No doubt about it.
You see, Mr. Matthews, I told you, I told you.
Now can I go?
I can't release you, but this might help you.
Will you tell my mother?
About this, yes.
Where is she working now?
Oh, she has a good job now, much better than a housekeeper.
She went to work as a waitress, and they made her manager over the whole place.
It's a big restaurant called the Blue Tiger on First Avenue.
It wasn't exactly the type of place Bertha had described, but her mother was important.
She ran the donut machine.
I have some good news for you.
They are letting Bertha go?
Well, not quite that good, but they did give her a test, a lie detector test, and it shows that she was telling the truth.
Then why they will not let her go?
Because that's not enough.
Two chocolate!
I went to the man at the immigration.
George Dunmore?
He says he can do nothing.
If they say in court Bertha is guilty, they will send us back to France.
But not the both of you.
If they send Bertha, could I stay here?
For a while.
Okay, okay, Chum, break it up.
On the ball, kid, on the ball.
The donuts, get with it.
You ain't worth a dime to me unless you're hustling these donuts, understand?
Perhaps I'd better go, Mrs. Pulaski.
Mr. Matthews, first tell me.
You talked to Mr. Wilmer?
Yes.
Why is he telling lies?
Bertha, she told you something?
A thing I don't know?
That old man, he tried to touch her?
I think I'll be going, Mrs. Pulaski.
Tell me.
I can't, Mrs. Pulaski.
What a client tells an attorney is like what a patient tells a doctor, a secret.
All right, Mr. Matthews.
You don't tell me nothing.
By myself, I'll find out.
Mrs. Pulaski.
You saw the paper?
That thing is only a machine.
It says Bertha is telling the truth.
In court, who will they believe?
Me or the machine?
Mr. Wilmer, in my life, I never begged.
But for a child, for Bertha, I am asking.
She's a young girl, her whole life in front of her.
Let her grow up here, where she's not afraid tomorrow to be running again.
What can I do?
Go to the police.
You'll say you made a mistake.
You didn't see Bertha.
It was somebody else.
To lie is an insult to the Lord.
It's a book of proverbs.
Once more, I'm asking.
You'll tell the police you made a mistake?
I didn't make the mistake.
Now go, go out.
That is Anna's.
A long nail file like this, I used in the war.
You know for what?
Mrs. Bulaski, go home.
A German soldier, he tried to touch Bertha.
I killed him.
You're a nice woman.
Don't make trouble.
For Bertha, I could kill again.
Will that get Bertha out of jail?
You pig.
So calm, so sure.
I'll kill you.
I'll find a way.
I'll come in the night.
I'll kill you.
Pig, pig, pig.
Come in.
It's no use, Mr. Matthew.
Still he keeps lying.
You better sit down, Mrs. Bulaski, while we ask Mr. Wilmar a few questions.
She tried to kill me.
She's a crazy woman.
Now you should arrest her too.
You better sit down too.
Mr. Wilmar, you never throw money away, do you?
Of course not, Mr. Shervant.
I received a letter from your insurance company this afternoon.
You never filed a claim for your money.
My money?
The money they owe you if their jewelry was stolen.
I forgot.
And the excitement, I forgot.
The $10 every month for the boat.
The money for Bertha's food.
That you never forgot.
The records at your bank show you opened your deposit box March 11th.
The day before the anniversary.
I told you.
You opened it the day after your anniversary too.
Why?
Is it there now?
Is that where you hid the jewelry?
It is honest jewelry.
We can get a court order to open that box.
Want to make us do that?
Do you want to get that court order or do you want to tell us the whole story?
Thank you so much, Mr. Carter.
You're very welcome.
For me too.
Thank you.
That's all right.
If you wait outside for me, I'll take you home.
I want to say thanks to Paul.
Forget it, Bart.
Sorry I got so touchy.
Don't apologize.
Oh, and those eight people out of a hundred who are found not guilty when they go to trial.
I never blamed the police for arresting them.
Sure sounded that way.
Well, the police work on information.
Sometimes it's good and sometimes it isn't.
Well, that's the chance we got to take.
It's the only way we can operate.
But I don't feel too bad.
As long as the people have you and other attorneys in their corner, we'll keep on catching those eight mistakes out of a hundred.
Well, I better not keep my client waiting.
So long, Paul.
Oh, Bart.
Water for me.
It's being turned on again.
Bertha Pulaski did not bring suit against Mr. Wilmar for false arrest, although she could have.
Because she preferred to forget the ordeal.
The case you have just seen was brought to a fair and just conclusion through the efforts of a public defender.
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