'The Night Of' And Its Haunting, Compelling Look At The Myth Of Blind Justice

**Spoilers ahead** Over the course of eight episodes, HBO‘s brilliant “The Night Of” explored a lot of things: the still lingering resentments held against Muslim-Americans in post-9/11 New York City; the fascinatingly detailed machinations of the grinding wheels of the legal system at all stages; the bonds of brotherhood and modes of survival behind prison walls; and, uh, the pain of psoriasis. And while the series made no secret of its criticisms about how law and order is conducted, the finale “The Call Of The Wild” reveals that creators Richard Price and Steve Zaillian see the concept of blind justice as not simply broken — it’s a myth.

Much of the conversation prior to last night’s finale revolved around two things: whether Nasir “Naz” Khan (Riz Ahmed) would be found guilty or innocent, and the resolution of who killed Andrea (Sofia Black D’Elia), with no shortage of suspects offered including her stepfather, the cash-strapped Don (Paul Sparks), Duane Reade (Charlie Hudson III), the creepy undertaker Mr. Day, and the last act inclusion of another likely culprit, accountant Raymond Halle (Paulo Costanzo). And from the perspective of traditional entertainment, particularly in television procedurals that offer tight-knit resolutions, Price and Zaillian’s decision to have Naz freed by a hung jury, and Raymond investigated but not yet arrested might seem underwhelming. But actually, they are rather brilliant dramatic strokes that add compelling thematic texture that lingers long after our protagonist Naz, who has already been revealed to be far from a saint, gets high and looks out at the nighttime skyline, bringing the show full circle.

the-night-of-riz-ahmed-michael-k-williamsLast week Collider argued that the identity of the killer didn’t matter, as “The Night Of” was concerned primarily about the criminal justice system, and that the show’s creators were “not really interested in ‘solving’ the case.” However, the other way to look at it is to say that the verdict and the identity of the killer matter crucially to Price and Zaillian, but not so much for themselves as for the transactional manner in which theories about both are traded between characters, and for the way they become currency in the characters’ own internal moral marketplaces. When Detective Sergeant Box (Bill Camp), finally compelled by the nagging doubts that Jack Stone (John Turturro) suspected he had all along, does his own post-retirement research, uncovers Raymond Halle (Paulo Costanzo) as a potential killer, and brings his findings to prosecutor Helen Weiss (Jeannie Berlin), her response is cutting: “We’ve got more on the kid.” But it’s also chilling, because this is Box (pointedly outside the system by this stage — it’s like he can only really do his job with idealism when it’s no longer his job) going above and beyond the requirements of his role in law enforcement to try to serve actual justice, and he is firmly rebuffed. This is also what makes it such a satisfying beat later on when Weiss suggests they team up to take down Halle — not only is it a fabulous buddy-cop dynamic moment between two well drawn and brilliantly played characters, it’s also Box’s reward for the tiny spark of nobility and faith that all his years on the force had dulled, but not quite extinguished.

The idealistic notion that each case brought in front of a judge has evidence from both sides presented, with a judge and jury then rendering a completely impartial verdict is one that Price and Zaillian routinely undercut throughout “The Night Of,” and the way the various characters respond to the gradual revelation of that lie forms a great deal of the intrigue. The idea is hardly a new one, but across eight episodes, the pair show how at each step of the way, there is not, never was and really never can be such thing as a “fair trial” for Naz (nor, by extension, for anyone). As Jack Stone confesses to the jurors in his closing argument, he’s the type of jobbing attorney who usually takes plead-out cases for $250 a pop, he just happened to be at the station when Naz was arrested, and he took him on as a client because of, he claims, a kind of sixth sense of his innocence. This last is part closing-argument showmanship on behalf of the vehemently un-showman-like Stone, but there is a kind of desperate truth to it too, and the admission by a defense attorney that most of the time he does not believe in the innocence of his clients (one of the fundamental tenets of a defense lawyer’s oath) shows how invested Stone is, despite all his protestations to the contrary, in the idea of Naz’ innocence.

the-night-of-john-turturro-1He’s not the only one. Freddy (Michael K. Williams) the kingpin inmate who takes Naz under his wing in Rikers, believes in Naz’ innocence too, making him a rare treasure to be protected, a “unicorn.” His attorney, Chandra Kapoor (Amara Karan) is tempted into the indiscretion of that kiss (possibly one of the less believable moments in the otherwise unimpeachable final two episodes) in part because she wants to convince him that she believes he is not guilty, when even his mother appears not to. Naz’ guilt or innocence becomes a matter that many characters come to have a personal stake in, so it can’t really be said that Price and Zaillian are uninterested in it. They are, however, fascinated by the notion of its unknowability, while the immense, lumbering justice system grinds along all around it.