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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:02,887 --> 00:00:05,486 .srt by GeirDM www.addic7ed.com 2 00:00:07,087 --> 00:00:08,930 NARRATOR: In the criminal justice system 3 00:00:08,989 --> 00:00:12,835 the people are represented by two separate yet equally important groups, 4 00:00:12,893 --> 00:00:14,736 the police who investigate crime 5 00:00:14,795 --> 00:00:17,571 and the district attorneys who prosecute the offenders. 6 00:00:17,631 --> 00:00:19,304 These are their stories. 7 00:00:21,468 --> 00:00:22,503 (MUSIC PLAYING ON RADIO) 8 00:00:22,569 --> 00:00:24,981 MATT: Sure I can afford it. 9 00:00:25,038 --> 00:00:26,813 Mr. DeLuca, he knows one of the waiters. 10 00:00:26,873 --> 00:00:28,546 So, he's going to call him up 11 00:00:28,608 --> 00:00:30,019 so we can get served wine. 12 00:00:30,077 --> 00:00:31,579 (CHUCKLES) 13 00:00:31,645 --> 00:00:35,616 Well, they got... They got table cloths. They got candles. 14 00:00:35,682 --> 00:00:37,662 Yeah, and they sing opera. 15 00:00:37,718 --> 00:00:41,723 Well, you know, maybe I can get them to sing Happy Birthday for you. 16 00:00:41,788 --> 00:00:43,358 Hey, look, I think I'm coming up on the address. 17 00:00:43,423 --> 00:00:46,199 Let me call you when I get home, all right? 18 00:00:46,259 --> 00:00:48,705 Yeah. I love you, too. 19 00:00:55,535 --> 00:00:56,980 (BRAKES SQUEALING) 20 00:00:58,004 --> 00:01:00,314 Hey, excuse me. I'm looking for number 127. 21 00:01:00,374 --> 00:01:02,047 Do you know which door that is? 22 00:01:02,109 --> 00:01:03,179 (RATTLING) 23 00:01:03,243 --> 00:01:04,244 (GUNSHOT) 24 00:01:05,245 --> 00:01:07,316 (WOMAN CHATTERING OVER POLICE RADIO) 25 00:01:07,381 --> 00:01:10,624 CSU TECH: He was tapped once in the back of the head, .25 caliber. 26 00:01:10,684 --> 00:01:12,891 We got three casings in a group back there, 27 00:01:12,953 --> 00:01:15,126 and four more spread out along the sidewalk. 28 00:01:15,188 --> 00:01:16,895 The shooter was running after the van. 29 00:01:16,957 --> 00:01:19,028 Yeah. The kid tried to get away. 30 00:01:19,092 --> 00:01:21,663 Matthew Wheeler, 20 years old last month. 31 00:01:21,728 --> 00:01:22,934 It's his van. 32 00:01:23,029 --> 00:01:24,531 BRISCOE: He was just like this? Uh-huh. 33 00:01:24,598 --> 00:01:26,202 The perp must have pulled him out. 34 00:01:26,266 --> 00:01:29,679 Yeah. He left the cash. And the watch. 35 00:01:29,736 --> 00:01:31,545 And the four buckets of chicken. 36 00:01:31,605 --> 00:01:33,482 CSU TECH: DeLuca's, 41st and Sth. 37 00:01:33,540 --> 00:01:34,541 BRISCOE: Good place. 38 00:01:34,608 --> 00:01:36,417 They make their own chicken soup. 39 00:01:36,476 --> 00:01:38,217 I never saw this kid there. 40 00:01:38,278 --> 00:01:41,816 Detective, this is Mr. Sheehan. He saw it happen. 41 00:01:41,882 --> 00:01:43,862 Well, not the whole thing, actually, l... 42 00:01:43,917 --> 00:01:45,919 Well, we'd appreciate anything you can tell us. 43 00:01:45,986 --> 00:01:48,592 I was walking along the street here, going home, 44 00:01:48,655 --> 00:01:50,464 when I heard three shots. 45 00:01:50,524 --> 00:01:52,629 So I looked up to the corner here, 46 00:01:52,692 --> 00:01:56,196 and I saw this van here roll by the intersection. 47 00:01:56,263 --> 00:01:59,005 There was somebody running along the passenger side 48 00:01:59,065 --> 00:02:00,942 shooting into the van. 49 00:02:01,001 --> 00:02:02,844 Can you describe this somebody? 50 00:02:02,903 --> 00:02:06,612 Well, I didn't run up to get a good look. I was pretty scared. 51 00:02:06,673 --> 00:02:07,674 And then what? 52 00:02:07,741 --> 00:02:09,743 Then nothing. I ran home. 53 00:02:09,810 --> 00:02:12,313 Until I heard the sirens. 54 00:02:12,379 --> 00:02:15,155 Okay. The detective will take your statement. Thanks. 55 00:02:15,215 --> 00:02:19,891 Lennie, the address on the delivery ticket, 127. 56 00:02:20,520 --> 00:02:22,193 You want to deliver the chicken? 57 00:02:22,255 --> 00:02:24,929 127 is an empty store. 58 00:03:13,830 --> 00:03:16,470 I should've never sent him out this late, 59 00:03:16,533 --> 00:03:18,035 but four large buckets... 60 00:03:18,101 --> 00:03:20,012 You got to make a living. (SIGHS) 61 00:03:20,070 --> 00:03:21,913 He was only working here a couple of weeks. 62 00:03:21,972 --> 00:03:24,282 Nice kid. (SIGHS) 63 00:03:24,875 --> 00:03:26,877 This is really screwed up. 64 00:03:26,943 --> 00:03:28,183 CURTIS: Who took the order? 65 00:03:28,245 --> 00:03:29,417 He did. 66 00:03:29,479 --> 00:03:31,891 We didn't find a phone number on the delivery ticket. 67 00:03:31,982 --> 00:03:35,862 I told him to always get a number. 68 00:03:35,919 --> 00:03:38,661 Come on. Come on. 69 00:03:38,722 --> 00:03:39,792 I'm sure it's here. 70 00:03:39,856 --> 00:03:42,996 Why don't we check the caller ID box? They save the numbers. 71 00:03:43,060 --> 00:03:45,438 Oh, right. I forgot. 72 00:03:45,495 --> 00:03:47,372 The call came in right after 10:00. 73 00:03:47,431 --> 00:03:51,004 The early news just started... 74 00:03:51,535 --> 00:03:53,412 Here. it's this one. 75 00:03:53,470 --> 00:03:57,111 Mr. DeLuca, you been having any trouble with anybody? 76 00:03:57,174 --> 00:03:59,154 You know, maybe somebody you pissed off. 77 00:03:59,209 --> 00:04:02,088 Or maybe you buy your chickens from the wrong supplier? 78 00:04:02,145 --> 00:04:05,354 Nothing like that. Why? 79 00:04:05,415 --> 00:04:08,794 Well, the phony address. No sign of a robbery. 80 00:04:08,852 --> 00:04:11,389 Almost looks like somebody's trying to send you a message. 81 00:04:11,455 --> 00:04:15,460 Hey, I pay my bills, I don't owe no Shylock. 82 00:04:15,525 --> 00:04:16,833 (SCOFFS) 83 00:04:16,893 --> 00:04:19,840 And I get my birds from the right people. 84 00:04:21,064 --> 00:04:24,273 He's a good kid. He never hurt anybody. 85 00:04:24,334 --> 00:04:27,474 What kind of a sick bastard would do this? 86 00:04:27,938 --> 00:04:28,939 We'll get him. 87 00:04:29,005 --> 00:04:30,848 Can you think of anyone who might've wanted to hurt him? 88 00:04:31,074 --> 00:04:33,680 No. He got along good with everybody. 89 00:04:33,743 --> 00:04:35,086 I don't mean any disrespect, 90 00:04:35,145 --> 00:04:37,591 but was he ever mixed up with a gang or with drugs? 91 00:04:37,647 --> 00:04:40,924 No. He told me that he tried pot. 92 00:04:40,984 --> 00:04:42,861 But, I mean, show me a kid that doesn't. 93 00:04:42,919 --> 00:04:45,297 Oh, God, I should call Lauren. 94 00:04:45,355 --> 00:04:46,561 BRISCOE: Lauren? 95 00:04:46,623 --> 00:04:47,795 Yeah. That's his girlfriend. 96 00:04:47,858 --> 00:04:49,565 He met her at City College. 97 00:04:49,659 --> 00:04:51,263 He goes there part time. 98 00:04:51,328 --> 00:04:52,466 We're going to need to talk to her. 99 00:04:52,963 --> 00:04:53,998 Yeah. 100 00:04:54,064 --> 00:04:56,044 I'll get the address. (PAGER BEEPING) 101 00:04:59,236 --> 00:05:01,944 Excuse me, it's Profaci. 102 00:05:02,973 --> 00:05:04,646 MR. WHEELER: I'm telling you right now, 103 00:05:04,708 --> 00:05:06,813 the son of a bitch who killed my boy, 104 00:05:06,877 --> 00:05:08,857 you better pray you find him before I do. 105 00:05:12,782 --> 00:05:14,762 The call to the chicken place came from here. 106 00:05:14,818 --> 00:05:16,024 I got people canvassing. 107 00:05:16,086 --> 00:05:18,930 Two witnesses in one day? We should be so lucky. 108 00:05:18,989 --> 00:05:20,366 You checking that for prints or what? 109 00:05:20,423 --> 00:05:21,902 Soon as I take it back to the lab. 110 00:05:21,958 --> 00:05:23,335 This year? 111 00:05:23,393 --> 00:05:25,339 It's up to him. 112 00:05:25,395 --> 00:05:27,238 I can't just disconnect a payphone. 113 00:05:27,297 --> 00:05:29,675 I have to have a work order from my supervisor. 114 00:05:29,733 --> 00:05:31,508 And he needs a paper from his supervisor, 115 00:05:31,568 --> 00:05:33,070 who needs a paper from the city. 116 00:05:33,136 --> 00:05:35,514 Tell you what. I'm going to give you a piece of paper. 117 00:05:35,572 --> 00:05:37,381 Now, this is my card, see. 118 00:05:37,440 --> 00:05:39,477 I'm going to write a little note on it. 119 00:05:39,543 --> 00:05:42,023 And the next time you get stopped for speeding, 120 00:05:42,078 --> 00:05:45,059 you just show this to the officer. Deal? 121 00:05:45,115 --> 00:05:48,324 Yeah? Okay. 122 00:05:49,186 --> 00:05:50,790 Check the coins, too, huh. 123 00:05:50,854 --> 00:05:53,266 We got a match from a thumbprint on two shell casings 124 00:05:53,323 --> 00:05:55,428 to partials on five coins in the phone. 125 00:05:55,492 --> 00:05:56,562 So the shooter made five calls. 126 00:05:56,626 --> 00:05:57,627 Looks like. 127 00:05:57,694 --> 00:06:00,072 There was a second set of thumbprints on the casings. 128 00:06:00,130 --> 00:06:01,370 Can you put a face to the prints? 129 00:06:01,431 --> 00:06:02,774 They're not in the system. 130 00:06:02,832 --> 00:06:05,438 You get any more good news, you hurry on back. 131 00:06:05,502 --> 00:06:08,210 We talked to the victim's girlfriend, to his friends. 132 00:06:08,271 --> 00:06:10,808 The kid was the boy wonder. I don't see any motive here. 133 00:06:10,874 --> 00:06:12,820 People don't kill for no reason. 134 00:06:12,876 --> 00:06:14,856 This doer made a phone call from Central Park 135 00:06:14,911 --> 00:06:16,652 for a delivery 40 blocks away. 136 00:06:16,713 --> 00:06:18,158 He wanted a nice, quiet street. 137 00:06:18,215 --> 00:06:20,491 There are quiet streets closer to the park. 138 00:06:20,584 --> 00:06:22,996 Tell me about this bogus address. 139 00:06:23,053 --> 00:06:24,760 Repair shop for small appliances. 140 00:06:24,821 --> 00:06:26,767 Went out of business about 14 months ago. 141 00:06:26,823 --> 00:06:28,029 So our suspect knows that 142 00:06:28,091 --> 00:06:29,695 because he lives in that neighborhood. 143 00:06:29,759 --> 00:06:31,864 Yeah. Along with 40,000 of his neighbors. 144 00:06:31,928 --> 00:06:33,601 I got the dumps from the payphone. 145 00:06:33,663 --> 00:06:36,200 Twenty-three calls made in the hour and a half before the murder. 146 00:06:36,266 --> 00:06:39,873 Six to take-out places, including the last one, DeLuca's. 147 00:06:39,936 --> 00:06:42,348 Five coins, five calls. 148 00:06:42,405 --> 00:06:43,975 He was trolling for victims. 149 00:06:44,040 --> 00:06:46,042 Until he found a place that delivered. 150 00:06:46,109 --> 00:06:49,420 Would be nice to find someone who actually talked to this person. 151 00:06:52,549 --> 00:06:54,722 Okay. I got this covered. 152 00:06:54,784 --> 00:06:56,195 I'll pick you up around noon? 153 00:06:56,253 --> 00:06:57,698 Yeah, we'll be out front. 154 00:07:00,657 --> 00:07:02,898 Oh, they were calling from a phone booth. 155 00:07:02,959 --> 00:07:04,199 It didn't sound on the up-and-up. 156 00:07:04,261 --> 00:07:05,399 There were two of them? 157 00:07:05,462 --> 00:07:07,908 Yeah. First the one guy orders the buckets, 158 00:07:07,964 --> 00:07:10,535 then the other guy gets on to give me the address. 159 00:07:10,600 --> 00:07:11,908 Young, old? 160 00:07:11,968 --> 00:07:13,242 Young, I think. 161 00:07:13,303 --> 00:07:16,648 The first one talked through his nose. White guys. 162 00:07:16,706 --> 00:07:18,276 They wanted two large buckets. 163 00:07:18,341 --> 00:07:20,821 Yeah. They ordered four buckets from DeLuca. 164 00:07:20,877 --> 00:07:24,586 Four? Yeah, for four I would've gone out myself. 165 00:07:27,250 --> 00:07:28,285 I'm really scared, Rey. 166 00:07:28,351 --> 00:07:29,352 I know you are, baby. 167 00:07:29,419 --> 00:07:32,764 But you're going to be all right. 168 00:07:32,822 --> 00:07:35,803 I'm sure it's nothing. 169 00:07:35,859 --> 00:07:37,065 See you tonight, all right? 170 00:07:39,929 --> 00:07:41,636 I love you. 171 00:07:48,338 --> 00:07:49,544 BRISCOE: So? 172 00:07:49,606 --> 00:07:51,586 She's got to come back for more tests. 173 00:07:51,641 --> 00:07:52,642 What's wrong with her? 174 00:07:52,709 --> 00:07:55,189 She's got some numbness in her right foot. It comes and goes. 175 00:07:55,245 --> 00:07:57,623 They just want to rule some things out. 176 00:07:57,681 --> 00:07:59,024 So, what's up with our shooter? 177 00:07:59,082 --> 00:08:00,720 Well, there might've been two of them. 178 00:08:00,784 --> 00:08:03,390 Young, probably white. 179 00:08:03,453 --> 00:08:05,194 They called four other take-out places. 180 00:08:05,255 --> 00:08:06,893 The other two calls were legit orders. 181 00:08:06,956 --> 00:08:09,129 That accounts for four of the coins. 182 00:08:09,192 --> 00:08:11,604 Might've used the fifth to call a number on the list. 183 00:08:11,661 --> 00:08:14,938 Well, here's the LUDs. Take your pick. 184 00:08:16,633 --> 00:08:18,237 MRS. HEMMERICK: It was him who called me. 185 00:08:18,301 --> 00:08:21,942 He forgot what he was supposed to get from the store. 186 00:08:22,005 --> 00:08:23,951 He never remembers anything. 187 00:08:24,007 --> 00:08:26,044 MR. HEMMERICK: I remembered our phone number. 188 00:08:26,109 --> 00:08:28,146 You had it written down in your wallet. 189 00:08:28,945 --> 00:08:30,185 BRISCOE: Mr. Hemmerick. Yeah? 190 00:08:30,246 --> 00:08:31,520 Did you see anybody hanging around 191 00:08:31,581 --> 00:08:32,821 the phone booth the other night? 192 00:08:32,882 --> 00:08:35,158 Maybe a couple of kids? They might've been white. 193 00:08:35,218 --> 00:08:39,496 Yeah, sure. Two boys, they was laughing it up. 194 00:08:39,556 --> 00:08:41,365 One of them looked a little Puerto Rican. 195 00:08:41,424 --> 00:08:42,869 BRISCOE: They were laughing it up about what? 196 00:08:42,926 --> 00:08:45,304 I wasn't listening to them. I was listening to her. 197 00:08:45,995 --> 00:08:47,099 What did they look like? 198 00:08:47,564 --> 00:08:49,202 Maybe one of them had red hair. 199 00:08:49,265 --> 00:08:50,266 I didn't get a good look. 200 00:08:50,700 --> 00:08:51,735 He can't see at night. 201 00:08:52,001 --> 00:08:54,242 I see just fine! 202 00:08:54,304 --> 00:08:55,942 They had loose-fitting clothes, 203 00:08:56,005 --> 00:08:57,382 and one of them had skates 204 00:08:57,440 --> 00:08:58,680 with those plastic wheels. 205 00:08:59,109 --> 00:09:00,144 You mean roller blades. 206 00:09:00,210 --> 00:09:01,814 That's right. Roller blades. 207 00:09:01,878 --> 00:09:04,552 With green wheels. Lime green. 208 00:09:06,783 --> 00:09:08,091 That was me who used the phone. 209 00:09:08,151 --> 00:09:09,960 I called home to check my messages. 210 00:09:10,019 --> 00:09:12,431 Did you notice any kids waiting to use the phone? 211 00:09:12,489 --> 00:09:14,230 One of them might've been on roller blades? 212 00:09:14,290 --> 00:09:16,770 Yes, I did, and in fact, I borrowed a quarter from them. 213 00:09:17,160 --> 00:09:18,161 That explains that. 214 00:09:18,628 --> 00:09:21,734 Betty, could you make sure that the legs go out to ortho by Friday? 215 00:09:21,798 --> 00:09:22,799 Explains what? 216 00:09:23,066 --> 00:09:24,101 Nothing. 217 00:09:24,167 --> 00:09:25,168 SHUSTER: Please, sit down. 218 00:09:25,268 --> 00:09:26,838 Can you describe these kids? Sure. 219 00:09:26,903 --> 00:09:29,110 I've seen them before in the park. At night. 220 00:09:29,172 --> 00:09:30,310 CURTIS: When was that? 221 00:09:30,373 --> 00:09:32,853 In the past month, on three or four occasions. 222 00:09:32,909 --> 00:09:36,254 A couple of times, they were with a young girl. Adele. 223 00:09:36,312 --> 00:09:37,347 CURTIS: Adele who? 224 00:09:37,414 --> 00:09:38,586 Oh, I don't know. 225 00:09:38,648 --> 00:09:41,151 She goes to a prep school. I don't remember the name. 226 00:09:41,217 --> 00:09:44,630 But they wear blue blazers with gold trim. 227 00:09:44,687 --> 00:09:46,428 BRISCOE: Do you go to the park very often at night? 228 00:09:46,489 --> 00:09:48,765 Yes. Yes, I do. I find it very relaxing at night. 229 00:09:49,426 --> 00:09:50,871 What do you do there, Mr. Shuster? 230 00:09:51,594 --> 00:09:52,595 I drink. 231 00:09:53,029 --> 00:09:54,030 With teenage girls? 232 00:09:54,264 --> 00:09:56,744 And middle-aged women, college kids, 233 00:09:56,800 --> 00:09:58,507 lawyers, waiters, off-duty cops. 234 00:09:58,568 --> 00:09:59,911 Everyone's welcome. 235 00:10:00,103 --> 00:10:01,241 I bet. 236 00:10:01,304 --> 00:10:03,375 Listen, we'd like you to come down to the station house with us 237 00:10:03,440 --> 00:10:06,284 and talk to a sketch artist about those two boys. 238 00:10:06,676 --> 00:10:07,677 Right now? 239 00:10:08,178 --> 00:10:09,179 Right now. 240 00:10:11,714 --> 00:10:12,749 (BELL RINGING) 241 00:10:12,816 --> 00:10:14,056 HEADMISTRESS: Is she in trouble? CURTIS: No. 242 00:10:14,117 --> 00:10:16,620 But she might be a witness to a crime. 243 00:10:16,686 --> 00:10:17,721 (SIGHS) Adele does have a knack for being 244 00:10:17,787 --> 00:10:19,266 in the wrong place at the right time. 245 00:10:19,322 --> 00:10:20,960 And with the wrong people. So we've heard. 246 00:10:21,024 --> 00:10:24,528 She's a challenge, no doubt about it. 247 00:10:24,594 --> 00:10:26,733 I don't know if she'll be home yet. School just let out. 248 00:10:26,796 --> 00:10:28,275 Could she still be here? 249 00:10:28,598 --> 00:10:31,875 Susan? Have you seen Adele Green? 250 00:10:31,935 --> 00:10:33,209 She left. 251 00:10:33,269 --> 00:10:35,772 But you could try the bodega on 81st and 3rd. 252 00:10:49,886 --> 00:10:51,058 Whoa, Adele, police. 253 00:10:51,120 --> 00:10:52,258 Let me go. 254 00:10:52,322 --> 00:10:54,029 Just take it easy. What do we have here? 255 00:10:54,090 --> 00:10:55,728 A big forty. That's the good stuff. 256 00:10:55,792 --> 00:10:57,100 Supplying alcohol to a minor. 257 00:10:57,160 --> 00:10:59,800 That's a $5 fine. Get out of here. 258 00:10:59,963 --> 00:11:03,137 Take your hands off me! You're hurting me! 259 00:11:03,199 --> 00:11:04,507 Stop moving, we stop hurting. 260 00:11:04,567 --> 00:11:05,602 Let's go. 261 00:11:05,668 --> 00:11:07,045 I want to call my parents. 262 00:11:07,103 --> 00:11:09,515 You can call them from the station house. 263 00:11:09,873 --> 00:11:12,217 CURTIS: We found this stuff in her backpack, Mrs. Green. 264 00:11:12,275 --> 00:11:13,447 We're not making it up. 265 00:11:13,510 --> 00:11:15,922 Fingerprinting her like a common criminal. 266 00:11:15,979 --> 00:11:17,652 Don't you have anything better to do? 267 00:11:17,714 --> 00:11:21,389 Doesn't this worry you? Drugs, booze, condoms. 268 00:11:21,451 --> 00:11:24,091 I mean, she had the whole James Dean fun pack with her. 269 00:11:24,153 --> 00:11:26,463 Well, that's no reason to scare the wits out of her. 270 00:11:26,890 --> 00:11:27,891 You're scared, Adele? 271 00:11:29,626 --> 00:11:30,969 I wasn't hurting anybody. 272 00:11:31,027 --> 00:11:32,472 And what's this for? 273 00:11:32,529 --> 00:11:34,907 You open a lot of boxes at your prep school? 274 00:11:34,964 --> 00:11:37,308 I need that because of all the creeps out there. 275 00:11:37,500 --> 00:11:39,537 You mean, the creeps you hang with in the park at night? 276 00:11:39,702 --> 00:11:40,976 That's none of your damn business. 277 00:11:41,538 --> 00:11:42,744 Adele... 278 00:11:43,907 --> 00:11:48,356 Well, these two are our business. Do you know them? 279 00:11:49,412 --> 00:11:50,413 No. 280 00:11:50,780 --> 00:11:53,420 Think harder, Adele, somebody saw you with these guys. 281 00:11:53,483 --> 00:11:54,791 It wasn't me. 282 00:11:54,851 --> 00:11:55,921 (KNOCK AT DOOR) 283 00:11:57,554 --> 00:11:59,727 This is Ms. Green's lawyer. 284 00:11:59,789 --> 00:12:01,564 You mind? Five's a crowd. 285 00:12:04,494 --> 00:12:06,201 At most she knows these mutts. 286 00:12:06,262 --> 00:12:08,469 But we don't figure she's involved in the murder. 287 00:12:08,531 --> 00:12:10,511 Are you sure about that? 288 00:12:12,302 --> 00:12:13,747 We're ready. 289 00:12:13,803 --> 00:12:15,805 First of all, she was at her relatives in Brooklyn Heights 290 00:12:15,872 --> 00:12:18,512 the night of this murder. Ten people can alibi her. 291 00:12:18,575 --> 00:12:20,612 Second, she's never seen either of these individuals. 292 00:12:20,677 --> 00:12:21,747 Mmm-hmm. 293 00:12:21,811 --> 00:12:23,620 Then maybe she can tell us why we found 294 00:12:23,680 --> 00:12:27,753 her thumbprint on a shell casing at the homicide scene? 295 00:12:27,817 --> 00:12:31,060 Oh, my God. That's not possible. 296 00:12:31,187 --> 00:12:32,427 VAN BUREN: I'm afraid it is. 297 00:12:32,488 --> 00:12:34,661 You're implicated in a murder, little girl. 298 00:12:34,724 --> 00:12:35,862 So cut the bull. 299 00:12:35,925 --> 00:12:37,029 GILL: Lieutenant, please. 300 00:12:38,928 --> 00:12:40,373 (WHISPERING) 301 00:12:40,897 --> 00:12:42,399 But I didn't. 302 00:12:44,200 --> 00:12:45,611 Okay, so I know them. 303 00:12:47,070 --> 00:12:51,075 They bought a little gun last week, a .25 auto. 304 00:12:51,140 --> 00:12:54,019 They didn't know how to load the mag, so I showed them how. 305 00:12:54,077 --> 00:12:56,557 And just where did you pick up this knowledge? 306 00:12:56,980 --> 00:13:00,427 Around. These guys are clowns. 307 00:13:00,483 --> 00:13:01,587 One of them is always talking about 308 00:13:01,651 --> 00:13:03,995 how he wants to be some major gangster. 309 00:13:04,053 --> 00:13:05,259 Names and addresses. 310 00:13:06,923 --> 00:13:08,994 Joey and Tagger. I don't know where they live. 311 00:13:09,392 --> 00:13:10,996 How do you get in touch with them? 312 00:13:11,060 --> 00:13:14,371 I see them when I see them. 313 00:13:14,430 --> 00:13:16,410 In the park. 314 00:13:20,303 --> 00:13:23,113 I'm supposed to hook up with them at the fountain around 7:00. 315 00:13:23,172 --> 00:13:25,743 Did they tell you they were planning to kill a delivery man? 316 00:13:29,946 --> 00:13:32,790 They just said they wanted to kill someone. 317 00:13:32,849 --> 00:13:35,386 They were always talking about doing that. 318 00:13:35,451 --> 00:13:36,452 VAN BUREN: Why? 319 00:13:37,887 --> 00:13:41,130 Just to see what it feels like. 320 00:13:48,197 --> 00:13:50,905 A thrill killing. I take it back, Lennie, 321 00:13:50,967 --> 00:13:52,776 some people don't need a reason. 322 00:13:52,835 --> 00:13:55,315 Guess the Macarena wasn't exciting enough for them. 323 00:13:55,371 --> 00:13:58,147 Profaci, we're getting up a team to stake out the park. 324 00:13:58,207 --> 00:13:59,413 The chicken guys? Yeah. 325 00:13:59,475 --> 00:14:00,920 Our informant says that one of them 326 00:14:00,977 --> 00:14:02,957 has a job that keeps him busy till 6:30, 327 00:14:03,012 --> 00:14:05,219 so we're not expecting them till after that. 328 00:14:05,281 --> 00:14:07,488 Let's keep it small. Maybe a half a dozen guys. 329 00:14:07,550 --> 00:14:09,325 We don't want to spook the locals. 330 00:14:09,385 --> 00:14:11,365 How about taking the girl along to ID them? 331 00:14:11,421 --> 00:14:13,128 No. I don't trust her. 332 00:14:13,222 --> 00:14:14,257 Well, there's Shuster, 333 00:14:14,323 --> 00:14:16,997 spare parts salesman by day, drunk by night. 334 00:14:20,263 --> 00:14:22,174 (SIREN WAILING) 335 00:14:22,965 --> 00:14:24,740 BRISCOE: Okay. So the Rumble in the Jungle. 336 00:14:24,801 --> 00:14:27,475 The night before, Angelo Dundee gets a big wrench 337 00:14:27,537 --> 00:14:30,211 and goes around all four corners and loosens the top. 338 00:14:30,273 --> 00:14:31,616 That's the rope-a-dope! 339 00:14:31,708 --> 00:14:33,119 VAN BUREN: But it was Muhammad Ali 340 00:14:33,176 --> 00:14:34,519 who did the floating and the stinging. 341 00:14:34,577 --> 00:14:36,454 The man was sweet. A poet. 342 00:14:36,512 --> 00:14:38,355 A real poet is Milton. 343 00:14:38,448 --> 00:14:41,691 You want to understand the ways of God, Milton's your boy. 344 00:14:41,751 --> 00:14:43,526 When it comes to understanding the ways of God, 345 00:14:43,586 --> 00:14:45,156 I prefer malt to Milton. 346 00:14:45,221 --> 00:14:46,632 I know! That's right! 347 00:14:46,689 --> 00:14:47,724 (ALL LAUGHING) 348 00:14:47,790 --> 00:14:49,098 Hey. Over there. 349 00:14:55,231 --> 00:14:56,471 Straight down the path. 350 00:15:00,169 --> 00:15:02,410 KID: Raise up! Five-O! 351 00:15:05,575 --> 00:15:07,111 BRISCOE: Hey, stop! 352 00:15:09,112 --> 00:15:10,819 Hey, police! 353 00:15:22,458 --> 00:15:24,199 (PANTING) 354 00:15:27,363 --> 00:15:29,104 You okay? 355 00:15:29,165 --> 00:15:31,167 Just shoot me, will you? 356 00:15:31,234 --> 00:15:32,713 We got the other guy. 357 00:15:37,240 --> 00:15:41,017 Well, Joey, you think about what we talked about before? 358 00:15:41,077 --> 00:15:42,420 I don't know what I'm doing here. 359 00:15:42,478 --> 00:15:43,548 Same old song, huh. 360 00:15:43,613 --> 00:15:46,594 He says he was in the park all night on Tuesday. 361 00:15:46,682 --> 00:15:50,323 CURTIS: Except we found his prints on coins in a payphone on 71st. 362 00:15:50,419 --> 00:15:52,695 And on the bullets that killed the delivery guy. 363 00:15:52,755 --> 00:15:54,166 No, you didn't. Mr. Timon... 364 00:15:54,223 --> 00:15:55,258 No. You can't get fingerprints... 365 00:15:55,324 --> 00:15:56,564 Mr. Timon, be quiet. 366 00:15:56,626 --> 00:16:00,096 Okay by us. We'll just go talk to your buddy, Tagger. 367 00:16:00,997 --> 00:16:05,139 A little bird told me this alleged buddy got away from you. 368 00:16:05,201 --> 00:16:07,272 If you want Mr. Timon to help you find him, 369 00:16:07,336 --> 00:16:08,815 it's going to cost you big. 370 00:16:08,871 --> 00:16:09,872 Yeah. Right. 371 00:16:09,939 --> 00:16:12,818 Like he's getting a free trip to Disney World. 372 00:16:12,875 --> 00:16:13,979 Then find the accomplice. 373 00:16:14,043 --> 00:16:16,080 Unless you want to be somebody's punk for the next 25 years. 374 00:16:19,248 --> 00:16:22,627 It's a mistake. My son goes to Saint Pete's. 375 00:16:22,685 --> 00:16:25,461 He has a part-time job. He's not a killer. 376 00:16:25,521 --> 00:16:26,727 Maybe it's his friend, Tagger. 377 00:16:26,789 --> 00:16:27,824 You know him? 378 00:16:27,890 --> 00:16:29,164 I don't know his friends. 379 00:16:29,225 --> 00:16:31,330 They don't stop in here for cookies and milk. 380 00:16:31,828 --> 00:16:34,638 That kind of attitude won't help your son, Mrs. Timon. 381 00:16:34,697 --> 00:16:37,906 I'm sorry, this is very upsetting. 382 00:16:37,967 --> 00:16:40,846 Did Joey ever talk about knowing anybody in Hell's Kitchen? 383 00:16:40,903 --> 00:16:43,349 He don't know those people over there. 384 00:16:43,406 --> 00:16:45,317 He goes to school, he goes to work. 385 00:16:45,374 --> 00:16:48,583 He comes home. He's not some gypsy. 386 00:16:48,644 --> 00:16:51,887 And I guess he's never been to West 23rd Street Electronics, huh? 387 00:16:52,348 --> 00:16:56,262 No. I don't know where that came from. 388 00:16:56,419 --> 00:16:57,659 I remember him. 389 00:16:57,720 --> 00:17:00,633 He ran off with the CD player about two weeks ago. 390 00:17:00,690 --> 00:17:01,760 CURTIS: Was there anyone with him? 391 00:17:01,824 --> 00:17:03,030 A kid with red hair, maybe? 392 00:17:03,092 --> 00:17:04,662 Yes, there was another kid. 393 00:17:04,727 --> 00:17:07,537 He was at the counter filling out a job application. 394 00:17:07,597 --> 00:17:12,137 I was helping him when the other one... Oh, I see. 395 00:17:12,201 --> 00:17:14,238 I'm so stupid. I can't believe it. 396 00:17:14,303 --> 00:17:16,408 That's okay. A lot of merchants fall for that trick. 397 00:17:16,472 --> 00:17:18,577 This other kid with red hair, have you seen him since? 398 00:17:18,641 --> 00:17:20,450 No. He took the application home. 399 00:17:20,509 --> 00:17:22,250 So no name, no phone number? 400 00:17:22,311 --> 00:17:26,259 No. He said he used to work at a repair shop on 11th. 401 00:17:26,315 --> 00:17:28,124 A repair shop for small appliances? 402 00:17:28,251 --> 00:17:30,993 Yes. He said they went out of business last year. 403 00:17:31,988 --> 00:17:34,559 The only employee I had was Jose Martinez, 404 00:17:34,657 --> 00:17:37,570 and right now he's drinking Cuba Libres in Miami. 405 00:17:37,627 --> 00:17:39,368 Well, maybe this kid worked a couple of weekends. 406 00:17:39,428 --> 00:17:42,102 No. I could hardly afford to pay Jose. 407 00:17:42,164 --> 00:17:43,666 Nobody gets things fixed anymore. 408 00:17:43,733 --> 00:17:45,804 It's cheaper to throw it away. 409 00:17:45,868 --> 00:17:48,280 And then those rotten kids... 410 00:17:48,337 --> 00:17:49,338 What kids? 411 00:17:49,405 --> 00:17:51,407 That was the straw broke my back. 412 00:17:51,474 --> 00:17:56,719 They burglarized me, vandalized the place, broke my tools. 413 00:17:56,779 --> 00:17:58,349 What were they looking for? Toasters? 414 00:17:58,414 --> 00:17:59,449 They get caught? 415 00:17:59,515 --> 00:18:02,553 Yeah. The judge ordered restitution. 416 00:18:02,618 --> 00:18:05,497 I got a check for $17.00 from one of them. 417 00:18:05,554 --> 00:18:09,400 I didn't even have insurance. Rotten kids. 418 00:18:10,593 --> 00:18:14,837 One of them's on a full scholarship to Attica, another to Elmira. 419 00:18:14,897 --> 00:18:16,376 The other two are keeping low profiles. 420 00:18:16,432 --> 00:18:17,467 (CELL PHONE RINGING) 421 00:18:17,533 --> 00:18:20,537 Curtis. Yeah. Hold on, got to get this. 422 00:18:21,337 --> 00:18:22,714 You got any photos or fingerprints? 423 00:18:22,772 --> 00:18:24,217 No, not anymore. 424 00:18:24,273 --> 00:18:27,652 Juvie court waved a magic wand when they turned 18. 425 00:18:27,710 --> 00:18:30,281 We got Robinson and Sloane, the two I told you about, 426 00:18:30,346 --> 00:18:33,088 and Dale Kershaw and Neal Behrens. 427 00:18:33,149 --> 00:18:35,857 The hole-in-the-head gang, we called them. 428 00:18:35,918 --> 00:18:37,625 Real bright bulbs. 429 00:18:37,687 --> 00:18:38,961 Last knowns? 430 00:18:39,021 --> 00:18:41,228 Kershaw lives on 36th with his brother. 431 00:18:41,290 --> 00:18:43,634 Behrens is on 43rd. 432 00:18:43,693 --> 00:18:46,503 The other three fingered Kershaw as the ringleader. 433 00:18:46,562 --> 00:18:47,563 Okay. We'll start with him. 434 00:18:47,630 --> 00:18:48,631 I'll get you some backup. 435 00:18:48,698 --> 00:18:49,870 Thanks. 436 00:18:50,833 --> 00:18:54,042 First stop is Dale Kershaw, West 36th Street. 437 00:18:54,103 --> 00:18:57,414 Byrne's getting us backup. You okay? 438 00:18:59,075 --> 00:19:00,986 Yeah. That was Deborah. 439 00:19:02,845 --> 00:19:06,657 Her doctor got the result of the MRI, and she has a... 440 00:19:06,716 --> 00:19:10,892 She has a type of MS. I wrote it down. 441 00:19:12,054 --> 00:19:16,230 It's Relapsing-remitting chronic progressive multiple sclerosis. 442 00:19:17,660 --> 00:19:20,072 That's why she had the numbness. 443 00:19:20,129 --> 00:19:21,506 Rey. I'm sorry. 444 00:19:22,698 --> 00:19:24,609 Listen, why don't you go home? I'll call Profaci. 445 00:19:24,667 --> 00:19:26,806 She's okay. She's going to... 446 00:19:26,869 --> 00:19:29,042 She's going to take the kids to their swimming lessons. 447 00:19:29,138 --> 00:19:30,640 Let's get this rolling. 448 00:19:34,243 --> 00:19:36,314 We're not saying your kid brother did anything. 449 00:19:36,412 --> 00:19:37,789 We just need to talk to him. 450 00:19:37,847 --> 00:19:40,157 He's got a girl upstairs. That's where he is. 451 00:19:40,216 --> 00:19:42,059 This is a bad situation. 452 00:19:42,118 --> 00:19:43,153 I got to tell our mother. 453 00:19:43,219 --> 00:19:45,460 Mr. Kershaw, if you know something that we don't... 454 00:19:45,521 --> 00:19:47,000 You don't understand about Dale... 455 00:19:47,056 --> 00:19:50,299 Lennie. In a paper bag in the kid's closet. .25 auto. 456 00:19:50,359 --> 00:19:53,033 Aw, jeez. I tried telling him. 457 00:19:53,095 --> 00:19:56,406 All that big talk about being a gangster, like the Westies. 458 00:19:56,465 --> 00:19:57,739 What are you going to do to him? 459 00:19:57,867 --> 00:20:01,542 Don't kill him! Please! Dale! I love you! 460 00:20:01,604 --> 00:20:03,242 DALE: Shut up, Marlene! 461 00:20:03,639 --> 00:20:07,109 Dale! Now, let's do this the easy way, all right? 462 00:20:07,176 --> 00:20:10,885 Just open the door and come out nice and slow! 463 00:20:10,946 --> 00:20:12,050 DALE: (STUTTERING) I can't. 464 00:20:12,114 --> 00:20:14,094 We're not going to hurt you. 465 00:20:14,150 --> 00:20:15,686 I got no pants. 466 00:20:15,751 --> 00:20:17,162 It's just us guys out here, Dale. 467 00:20:17,219 --> 00:20:19,699 Nothing we haven't seen before. 468 00:20:19,755 --> 00:20:21,826 Either I get my pants or I don't come out. 469 00:20:21,891 --> 00:20:24,167 All right, Dale. Here. Here. 470 00:20:24,226 --> 00:20:26,502 Look out the keyhole now. 471 00:20:26,562 --> 00:20:27,734 See? Here's your pants. 472 00:20:27,797 --> 00:20:29,902 Now I'm tossing them to you. 473 00:20:29,965 --> 00:20:32,002 All you have to do is reach out and grab them. 474 00:20:32,068 --> 00:20:33,342 Go ahead. 475 00:20:33,402 --> 00:20:36,906 DALE: Okay. I'm opening up the door. 476 00:20:37,373 --> 00:20:38,477 (DALE SCREAMS) 477 00:20:38,541 --> 00:20:41,647 No! Liar! I want my pants! 478 00:20:41,710 --> 00:20:44,020 Why, Dale? I don't see anything here worth covering up. 479 00:20:45,548 --> 00:20:49,553 BRISCOE: There he is, the criminal mastermind, Dale Kershaw. 480 00:20:49,618 --> 00:20:51,154 A.K.A. Tagger. 481 00:20:51,220 --> 00:20:52,392 (DOOR OPENS) 482 00:20:53,856 --> 00:20:54,994 This is from ballistics. 483 00:20:55,057 --> 00:20:56,832 And this is Mr. Shatenstein. 484 00:20:56,892 --> 00:21:01,136 Stan Shatenstein. From the 18B panel. 485 00:21:01,197 --> 00:21:05,441 I'm looking for a Dale Kershaw. 486 00:21:07,136 --> 00:21:08,206 That's my client? 487 00:21:08,270 --> 00:21:10,272 In all his glory. 488 00:21:10,339 --> 00:21:13,343 Why is he handcuffed? I thought this was just a weapons charge. 489 00:21:13,409 --> 00:21:15,047 Well, that's about to change. 490 00:21:15,111 --> 00:21:17,022 The gun had prints from him and Timon. 491 00:21:17,079 --> 00:21:19,059 And it matched up to the slugs. 492 00:21:20,249 --> 00:21:22,126 I'll amend the charge. 493 00:21:26,489 --> 00:21:27,968 CURTIS: Nap's over, hump. 494 00:21:28,023 --> 00:21:29,195 BRISCOE: Get up! What's going on? 495 00:21:29,258 --> 00:21:30,566 CURTIS: Dale Kershaw, you're under arrest 496 00:21:30,626 --> 00:21:32,071 for the murder of Matthew Wheeler. 497 00:21:32,128 --> 00:21:34,233 Congratulations, Dale, you made your bones. 498 00:21:34,296 --> 00:21:36,333 You have the right to remain silent. Anything you say 499 00:21:36,398 --> 00:21:39,072 can and will be used against you in a court of law. 500 00:21:39,163 --> 00:21:40,437 (GATE BUZZING OPEN) 501 00:21:42,000 --> 00:21:46,142 You know, you make fun of my case and I make fun of yours, 502 00:21:46,204 --> 00:21:49,151 but at the end of the day, you still have a problem. 503 00:21:49,207 --> 00:21:51,744 Then, funny how you came to us. 504 00:21:51,809 --> 00:21:53,846 Under the circumstances, murder two, 505 00:21:53,912 --> 00:21:55,448 20-to-life is generous. 506 00:21:55,513 --> 00:21:58,119 Your eyewitness only saw one shooter. 507 00:21:58,182 --> 00:21:59,286 The jury will want to know, 508 00:21:59,350 --> 00:22:00,954 was it Mr. Timon or Mr. Kershaw? 509 00:22:01,152 --> 00:22:03,154 Our position is they were both there. 510 00:22:03,221 --> 00:22:04,962 Anyway, it doesn't matter. 511 00:22:05,023 --> 00:22:06,900 They're accomplices, they're both liable. 512 00:22:06,958 --> 00:22:10,064 And what accessorial conduct is my client guilty of? 513 00:22:10,128 --> 00:22:11,266 He called the restaurant. 514 00:22:11,329 --> 00:22:12,399 He put the bullets in the gun. 515 00:22:12,463 --> 00:22:15,444 Based on a six-point fingerprint match. 516 00:22:15,500 --> 00:22:17,275 That's hardly conclusive. 517 00:22:17,335 --> 00:22:20,509 At most, he's guilty of touching a gun a few days before the shooting. 518 00:22:20,572 --> 00:22:23,610 Ms. Tyrell. Give the jury some credit. 519 00:22:23,675 --> 00:22:25,552 Even if your brilliant presentation 520 00:22:25,610 --> 00:22:27,021 of the evidence convinces them that 521 00:22:27,078 --> 00:22:30,685 Mr. Timon and Mr. Kershaw planned this crime together, 522 00:22:30,748 --> 00:22:34,890 my client will testify that he changed his mind at the last minute. 523 00:22:34,953 --> 00:22:36,330 He stayed in the park 524 00:22:36,387 --> 00:22:39,493 while Mr. Kershaw went to shoot the delivery boy. 525 00:22:39,591 --> 00:22:42,003 And my client will say that he's the one who backed out, 526 00:22:42,093 --> 00:22:43,333 and it was Timon who did the shooting. 527 00:22:43,394 --> 00:22:45,237 That's reasonable doubt, Mr. McCoy. 528 00:22:45,396 --> 00:22:46,568 The gun was in his room. 529 00:22:46,998 --> 00:22:48,568 Timon gave it to him the day after. 530 00:22:48,633 --> 00:22:51,045 At worst he pleads to facilitation. 531 00:22:51,102 --> 00:22:53,048 He points at Timon, and Timon points at him. 532 00:22:53,104 --> 00:22:55,141 That's a very dangerous defense strategy. 533 00:22:55,306 --> 00:22:57,252 I've seen it work before. People v. Wong. 534 00:22:57,308 --> 00:23:00,118 And I've seen it not work. People v. Benzinger. 535 00:23:01,713 --> 00:23:04,751 I don't know that case. I'll look it up. 536 00:23:06,985 --> 00:23:10,592 Ms. Tyrell has shown me jury verdicts in cases like this. 537 00:23:10,655 --> 00:23:12,862 Two defendants but only one possible shooter. 538 00:23:12,957 --> 00:23:14,800 The odds are on our side, Mr. McCoy. 539 00:23:15,226 --> 00:23:17,729 Murder two, 20-to-life. That's still our only offer. 540 00:23:18,262 --> 00:23:22,233 You think about it and give us a call. We're done. 541 00:23:23,134 --> 00:23:25,045 They couldn't even load a gun by themselves? 542 00:23:25,103 --> 00:23:28,209 Clarence Darrow got Leopold and Loeb. Who do we got? 543 00:23:28,272 --> 00:23:29,683 Beavis and Butthead. 544 00:23:29,741 --> 00:23:31,118 United they stand. 545 00:23:31,175 --> 00:23:32,654 I read the jury studies. 546 00:23:32,744 --> 00:23:35,657 If we try them together, the percentages are against us. 547 00:23:35,713 --> 00:23:37,522 Any grounds to sever the trials? 548 00:23:37,582 --> 00:23:38,686 No legal grounds. 549 00:23:38,750 --> 00:23:41,356 No judge will do it just to make our lives easier. 550 00:23:41,419 --> 00:23:44,457 Then the answer's no, unless the defense wants separate trials. 551 00:23:44,522 --> 00:23:46,160 The eyewitness. 552 00:23:46,224 --> 00:23:48,135 Couldn't pick them out of a lineup. 553 00:23:48,192 --> 00:23:49,364 We suck it in and offer one of them 554 00:23:49,427 --> 00:23:50,735 a deal to implicate the other. 555 00:23:50,795 --> 00:23:53,366 Yes. And if we choose the wrong one? 556 00:23:53,431 --> 00:23:57,174 So we take our chances at trial. 557 00:23:57,235 --> 00:24:01,445 Until you can tell a jury which one pulled the trigger, 558 00:24:01,539 --> 00:24:03,780 you don't go near a courtroom. 559 00:24:06,044 --> 00:24:09,617 You mean because the eyewitness only saw one guy shooting at the van, 560 00:24:09,681 --> 00:24:11,058 they could actually get off? 561 00:24:11,115 --> 00:24:13,652 Good chance the jury acquits or hangs. 562 00:24:13,718 --> 00:24:15,789 In other words, we're better off without an eyewitness. 563 00:24:15,853 --> 00:24:18,732 I can't believe these two stumbled into the perfect crime. 564 00:24:18,790 --> 00:24:19,791 You canvassed the subway? 565 00:24:19,857 --> 00:24:21,859 Hey, we had people at the 34th Street station 566 00:24:21,926 --> 00:24:23,530 at 10:00 every night for a week 567 00:24:23,594 --> 00:24:25,164 passing their pictures around. 568 00:24:25,229 --> 00:24:28,904 We checked with bus drivers, cabbies... Nobody remembers them. 569 00:24:28,966 --> 00:24:30,445 This was the biggest thrill of their lives. 570 00:24:30,501 --> 00:24:32,174 They must've bragged about it. 571 00:24:32,236 --> 00:24:34,045 BRISCOE: Not to the people we talked to. 572 00:24:34,105 --> 00:24:35,413 Maybe you didn't talk to the right people. 573 00:24:35,473 --> 00:24:36,543 CURTIS: Hey, we got to everybody. 574 00:24:36,607 --> 00:24:38,484 We even got a list of their visitors at Rikers, 575 00:24:38,543 --> 00:24:40,784 parents, aunts, uncles, Kershaw's girlfriend. 576 00:24:40,845 --> 00:24:42,552 Yeah. I'd love to hear these two mutts explain 577 00:24:42,613 --> 00:24:45,150 how the whole thing was a case of mistaken identity. 578 00:24:45,850 --> 00:24:49,764 So would I. Can we bug their conversations? 579 00:24:49,821 --> 00:24:52,665 Won't work. Timon and Kershaw are in the general population. 580 00:24:52,724 --> 00:24:54,635 They see visitors in a common room. 581 00:24:55,927 --> 00:24:59,602 Some of my friskier clients were held at Rikers in isolation. 582 00:24:59,697 --> 00:25:02,473 I had to talk to them through a glass divider over a telephone. 583 00:25:06,504 --> 00:25:10,816 After Jamie had Rikers move them into isolation, 584 00:25:10,875 --> 00:25:12,684 she got a court order to record their visits. 585 00:25:13,344 --> 00:25:14,789 This was taped yesterday morning. 586 00:25:14,846 --> 00:25:16,154 The visitor is James Galva, 587 00:25:16,214 --> 00:25:17,921 Timon's uncle on his mother's side. 588 00:25:19,350 --> 00:25:23,162 TIMON: (SOBBING) I can't sleep, I'm so scared. 589 00:25:23,221 --> 00:25:25,326 You don't know what happens in this place, Uncle Jim. 590 00:25:25,389 --> 00:25:27,562 You got to get me out of here. 591 00:25:27,625 --> 00:25:30,231 GALVA: We'll do what we can, Joey. 592 00:25:30,294 --> 00:25:34,504 But if you did this killing there's only one way out for you. 593 00:25:34,565 --> 00:25:36,135 You have to take responsibility. 594 00:25:36,200 --> 00:25:37,702 You have to admit what you did. 595 00:25:37,769 --> 00:25:40,409 I want to. Oh, God. 596 00:25:40,471 --> 00:25:42,951 Just tell me the truth, Joey. 597 00:25:43,007 --> 00:25:44,714 (TIMON CRYING) 598 00:25:44,776 --> 00:25:48,849 I walked up on the driver's side and I shot him. 599 00:25:50,681 --> 00:25:54,151 Oh, God, Uncle Jim, I'm sorry. 600 00:25:54,218 --> 00:25:56,129 That's okay, Joey. 601 00:25:56,187 --> 00:25:57,393 I'm just no good. 602 00:25:57,455 --> 00:26:01,028 Don't say that. God forgives you. 603 00:26:01,092 --> 00:26:02,833 He loves you, and so does your family. 604 00:26:04,562 --> 00:26:07,042 I don't want Mom to know. 605 00:26:07,098 --> 00:26:09,135 You tell her when you're ready. 606 00:26:09,200 --> 00:26:12,272 Right now, it's just between us. 607 00:26:14,138 --> 00:26:17,119 And the People of the State of New York. 608 00:26:17,175 --> 00:26:18,677 Does he implicate his accomplice? 609 00:26:19,210 --> 00:26:20,416 Never mentions him. 610 00:26:20,478 --> 00:26:23,015 We sent a transcript to Timon's lawyer this afternoon. 611 00:26:24,148 --> 00:26:25,752 She'll be happy. 612 00:26:26,918 --> 00:26:28,454 What the hell were you thinking? 613 00:26:28,519 --> 00:26:30,260 Do you have tapes of my meetings with him, too? 614 00:26:30,822 --> 00:26:32,699 ROSS: Except for his conversations with you, 615 00:26:32,757 --> 00:26:35,294 Mr. Timon has no expectation of privacy while he's at Rikers. 616 00:26:35,359 --> 00:26:36,702 What Joey said to me is protected. 617 00:26:37,662 --> 00:26:40,700 Mr. Galva, you should've read the advisory when you signed in. 618 00:26:40,765 --> 00:26:42,403 "All conversations may be monitored." 619 00:26:42,533 --> 00:26:44,979 I read it. And it's Father Galva. 620 00:26:45,303 --> 00:26:46,373 You're a priest? 621 00:26:46,437 --> 00:26:47,916 TYRELL: A Jesuit priest. 622 00:26:48,172 --> 00:26:49,776 And this is a confession protected 623 00:26:49,841 --> 00:26:51,684 by the priest-penitent privilege. 624 00:26:51,742 --> 00:26:54,154 He didn't identify himself as a priest on the sign-in sheet. 625 00:26:54,245 --> 00:26:55,451 Well, now you know. 626 00:26:55,913 --> 00:26:58,393 He's been Joey's spiritual adviser since his first communion. 627 00:26:58,783 --> 00:27:00,854 Well, it hasn't been a screaming success. 628 00:27:00,918 --> 00:27:02,397 Ms. Tyrell, 629 00:27:02,453 --> 00:27:05,127 what I heard didn't sound like a confession the way I remember them. 630 00:27:05,189 --> 00:27:07,226 Look, he could've set it to music. 631 00:27:07,291 --> 00:27:09,532 It's still privileged and you can't use it. 632 00:27:12,697 --> 00:27:13,732 I've searched Westlaw. 633 00:27:13,798 --> 00:27:16,039 I haven't found any New York cases on point. 634 00:27:16,434 --> 00:27:17,640 How about in other states? 635 00:27:17,702 --> 00:27:19,079 The New York statutes only say 636 00:27:19,136 --> 00:27:22,242 we can't compel a priest to reveal the contents of a confession. 637 00:27:22,306 --> 00:27:23,683 Nothing prevents us from taping one. 638 00:27:23,808 --> 00:27:26,254 In other words, we can start bugging churches. 639 00:27:26,310 --> 00:27:29,655 I wouldn't go that far. Jack, like it or not, we have the tape. 640 00:27:29,714 --> 00:27:30,852 We should use it. 641 00:27:30,915 --> 00:27:32,485 I wish it were that simple. 642 00:27:32,550 --> 00:27:34,393 That makes two of us. 643 00:27:34,452 --> 00:27:37,899 Temporary restraining order to keep the tape out of court. 644 00:27:38,155 --> 00:27:39,156 Timon? 645 00:27:40,291 --> 00:27:42,999 No. The Archdiocese. 646 00:27:46,330 --> 00:27:49,072 If people don't feel safe talking to their priests, 647 00:27:49,133 --> 00:27:51,807 the church can't minister to its flock. 648 00:27:51,869 --> 00:27:53,348 Simple as that. 649 00:27:53,404 --> 00:27:55,247 The sacrament of penance is one of the pillars 650 00:27:55,306 --> 00:27:57,047 of our religion, Mr. McCoy. 651 00:27:57,108 --> 00:27:58,587 As a catholic, you know this. 652 00:27:58,643 --> 00:28:00,418 And as an Assistant District Attorney 653 00:28:00,478 --> 00:28:02,219 I have a duty to prosecute murderers 654 00:28:02,280 --> 00:28:03,554 within the bounds of the law. 655 00:28:03,614 --> 00:28:05,821 We understand and we concede 656 00:28:05,883 --> 00:28:08,159 that the recording was a good faith mistake. 657 00:28:08,219 --> 00:28:11,598 You also have to concede that it's a very unorthodox confession. 658 00:28:11,656 --> 00:28:13,533 REV. GERVAIS: Joey Timon confessed his sins, 659 00:28:13,591 --> 00:28:15,935 and Father Galva gave him absolution. 660 00:28:15,993 --> 00:28:17,404 That's all we require. 661 00:28:18,796 --> 00:28:22,767 We ask you not to oppose the restraining order. 662 00:28:22,833 --> 00:28:24,835 And to destroy the tape. 663 00:28:27,138 --> 00:28:28,378 Are you asking me as a catholic 664 00:28:28,439 --> 00:28:29,782 or as an officer of the court? 665 00:28:29,840 --> 00:28:33,310 As someone who's sworn to uphold the Constitution. 666 00:28:33,377 --> 00:28:34,583 Including the First Amendment 667 00:28:34,645 --> 00:28:36,784 and the free exercise of religion. 668 00:28:36,847 --> 00:28:38,588 I can't promise anything. 669 00:28:38,649 --> 00:28:41,653 This tape is the best evidence we have against Timon and Kershaw. 670 00:28:41,719 --> 00:28:43,858 Violating the sanctity of the confessional 671 00:28:43,921 --> 00:28:46,868 interferes with the practice of religion, Mr. McCoy. 672 00:28:46,924 --> 00:28:50,201 It's not only unconstitutional, it's immoral. 673 00:28:50,261 --> 00:28:52,332 ROSS: And protecting two killers isn't? 674 00:28:52,396 --> 00:28:54,603 Do you want to see what they did to Matthew Wheeler? 675 00:28:54,665 --> 00:28:57,646 They spilled his brains on the street just for kicks. 676 00:28:58,369 --> 00:29:01,373 We don't condone what they did, Ms. Ross. 677 00:29:01,439 --> 00:29:03,612 But when people confess their sins, 678 00:29:03,674 --> 00:29:05,347 it's an article of our faith. 679 00:29:05,443 --> 00:29:08,754 They're speaking to God through a priest. 680 00:29:08,813 --> 00:29:10,952 In plain English, you fool with that, 681 00:29:11,015 --> 00:29:13,359 you fool with God's work. 682 00:29:13,417 --> 00:29:16,125 I read it in the paper. I couldn't believe it. 683 00:29:16,187 --> 00:29:17,393 How can the church do this? 684 00:29:17,455 --> 00:29:20,868 How can they stand up for that scum? They're not even human. 685 00:29:20,925 --> 00:29:23,030 Matthew was an altar boy. 686 00:29:23,094 --> 00:29:25,404 Why don't they stand up for him? 687 00:29:25,463 --> 00:29:26,965 It's just not right. 688 00:29:27,164 --> 00:29:28,507 Have you talked with your priest? 689 00:29:28,566 --> 00:29:29,840 MR. WHEELER: Our priest! 690 00:29:29,900 --> 00:29:32,346 He said the church has to do this to protect the sacraments. 691 00:29:32,403 --> 00:29:35,111 The hell with the sacraments. I want those punks to pay. 692 00:29:35,706 --> 00:29:39,153 We'll do whatever we have to. You leave that to us. 693 00:29:46,050 --> 00:29:50,021 You know, the church says God forgives even the worst sinners. 694 00:29:50,087 --> 00:29:51,532 Well, maybe God can. 695 00:29:51,589 --> 00:29:53,591 But we can't. Not ever. 696 00:30:02,033 --> 00:30:03,034 How they holding up? 697 00:30:03,100 --> 00:30:06,377 About what you'd expect. They got thrown a curve. How's Deborah? 698 00:30:06,437 --> 00:30:09,281 She's okay. That problem with her leg is clearing up. 699 00:30:09,340 --> 00:30:10,546 The doctor says to expect that, 700 00:30:10,608 --> 00:30:12,087 symptoms will come and go. 701 00:30:12,143 --> 00:30:14,316 Oh, I talked to my daughter at the hospital. 702 00:30:14,378 --> 00:30:16,415 She gave me the names of some specialists. 703 00:30:16,480 --> 00:30:17,754 And a support group. 704 00:30:17,815 --> 00:30:19,385 They've got support groups for everything now. 705 00:30:19,450 --> 00:30:21,191 Yeah, we got one at our church. 706 00:30:21,252 --> 00:30:23,858 But thanks, Lennie. I'll pass it on to Deborah. 707 00:30:32,596 --> 00:30:35,475 I haven't decided what I'm going to do. 708 00:30:35,533 --> 00:30:39,003 CURTIS: I've got to say, I have to side with the church on this. 709 00:30:39,070 --> 00:30:41,778 The case isn't easy to make without the confession. 710 00:30:41,972 --> 00:30:43,383 I don't want these guys to walk either. 711 00:30:43,441 --> 00:30:45,478 I want justice for the Wheeler kid and his parents. 712 00:30:45,543 --> 00:30:46,783 But this isn't the way to do it. 713 00:30:47,211 --> 00:30:50,784 Because it offends your religious beliefs? 714 00:30:50,848 --> 00:30:53,988 (SCOFFS) Even my own? 715 00:30:54,051 --> 00:30:55,291 I'm not sure that's a reason. 716 00:30:55,519 --> 00:30:57,965 Give Lennie and me some more time. 717 00:30:58,022 --> 00:30:59,433 We'll make the case. 718 00:30:59,490 --> 00:31:01,868 From what I hear, you've already exhausted your leads. 719 00:31:01,926 --> 00:31:03,462 Look, Detective, 720 00:31:03,527 --> 00:31:06,599 I appreciate the input, but it's out of your hands. 721 00:31:06,664 --> 00:31:07,734 You're a catholic. 722 00:31:07,798 --> 00:31:09,277 Not when I'm at work. I'm sorry. 723 00:31:10,334 --> 00:31:12,473 You know, so am I. 724 00:31:12,536 --> 00:31:14,948 What you believe in, your faith, 725 00:31:15,005 --> 00:31:16,211 sometimes that's all you have to go on. 726 00:31:16,273 --> 00:31:18,116 You can't just forget about it whenever you like. 727 00:31:22,546 --> 00:31:24,856 Everybody's staking out their territory. 728 00:31:24,915 --> 00:31:26,792 You can't make them all happy. 729 00:31:26,851 --> 00:31:27,921 You want to weigh in? 730 00:31:27,985 --> 00:31:32,798 Until I can figure out which constituency to alienate the least, 731 00:31:32,890 --> 00:31:34,267 it's your call. 732 00:31:34,658 --> 00:31:36,103 Thanks. 733 00:31:37,995 --> 00:31:39,599 And I have to figure out 734 00:31:39,663 --> 00:31:43,008 which clause of the First Amendment I like the most, 735 00:31:43,067 --> 00:31:44,671 the separation of church and state 736 00:31:44,735 --> 00:31:46,806 or the free exercise of religion. 737 00:31:46,871 --> 00:31:49,010 So for you it's a constitutional issue. 738 00:31:49,907 --> 00:31:51,580 Not entirely. 739 00:31:51,642 --> 00:31:55,283 Well, you're the last person I expected to have a problem with this. 740 00:31:55,346 --> 00:31:57,053 No one's more surprised than me. 741 00:31:57,348 --> 00:32:00,227 Who knows what'll happen to that tape. 742 00:32:00,284 --> 00:32:02,958 Right now, it's leverage. 743 00:32:04,088 --> 00:32:05,692 Use it before you lose it. 744 00:32:11,128 --> 00:32:13,608 I've read this. Ms. Tyrell gave me a copy. 745 00:32:13,664 --> 00:32:15,701 It doesn't say anything about my client. 746 00:32:15,799 --> 00:32:18,803 That's right, but it's the nail in Mr. Timon's coffin. 747 00:32:18,869 --> 00:32:20,371 Once we get the restraining order lifted 748 00:32:20,437 --> 00:32:22,075 and we're free to use his confession, 749 00:32:22,139 --> 00:32:23,743 he'll be begging us for a deal. 750 00:32:23,807 --> 00:32:26,481 And he might get one unless we already have a deal with your client. 751 00:32:26,544 --> 00:32:29,024 Ms. Tyrell and I have already discussed this. 752 00:32:29,079 --> 00:32:32,822 I wouldn't put all your eggs in Ms. Tyrell's basket. 753 00:32:34,752 --> 00:32:36,561 What kind of deal are we talking about? 754 00:32:36,620 --> 00:32:38,099 I'll start the bidding at twenty to life 755 00:32:38,155 --> 00:32:40,226 in exchange for his testimony. 756 00:32:42,226 --> 00:32:44,467 I only need one of you, Mr. Kershaw. 757 00:32:44,528 --> 00:32:45,632 I don't care which. 758 00:32:45,696 --> 00:32:46,766 You're going to get nothing. 759 00:32:47,498 --> 00:32:48,499 Talk to your lawyer before... 760 00:32:48,566 --> 00:32:49,704 I don't need this pencil-neck here 761 00:32:49,767 --> 00:32:51,371 to tell me what time it is. 762 00:32:51,435 --> 00:32:53,210 I talked to my man Joey. 763 00:32:53,270 --> 00:32:55,511 He's got you beat on this confession deal. 764 00:32:55,573 --> 00:32:57,211 So we got nothing to worry about. 765 00:33:02,346 --> 00:33:04,792 Thank you, Mr. Kershaw. You just made up my mind for me. 766 00:33:09,862 --> 00:33:13,173 HOGAN: The suspicion that any freely-confessed sin might become public 767 00:33:13,232 --> 00:33:15,178 is a deterrent to participating 768 00:33:15,234 --> 00:33:16,907 in the sacrament of penance. 769 00:33:17,003 --> 00:33:21,179 This tape makes it impossible for clergy like Father Galva 770 00:33:21,240 --> 00:33:24,153 to minister to those who arguably need it the most, 771 00:33:24,210 --> 00:33:26,087 people like Mr. Timon. 772 00:33:28,814 --> 00:33:30,919 Your Honor, if you don't allow us to use this tape, 773 00:33:30,983 --> 00:33:32,894 you're placing the church's claim 774 00:33:32,952 --> 00:33:34,829 above the authority of the state. 775 00:33:34,887 --> 00:33:37,128 This violates the separation of church and state 776 00:33:37,190 --> 00:33:38,863 envisioned by the Founding Fathers. 777 00:33:38,925 --> 00:33:41,496 So under your analysis, the church has less protection 778 00:33:41,561 --> 00:33:43,871 because it is a religious establishment. 779 00:33:43,930 --> 00:33:46,035 Doesn't that stand freedom of religion on its head? 780 00:33:46,465 --> 00:33:48,968 With all due respect, Your Honor misses my point. 781 00:33:49,035 --> 00:33:52,073 I don't expect this court to afford the church less protection. 782 00:33:52,138 --> 00:33:53,981 I'm just saying that Your Honor 783 00:33:54,040 --> 00:33:56,680 shouldn't give it more than that enjoyed by your average citizen. 784 00:33:56,742 --> 00:33:58,585 That's what the Constitution demands. 785 00:33:58,644 --> 00:34:00,021 Your Honor... I've heard enough. 786 00:34:00,813 --> 00:34:02,554 Sit down, Mr. McCoy. 787 00:34:04,217 --> 00:34:06,493 The clergy-penitent relationship is one of the most sacred 788 00:34:06,552 --> 00:34:08,862 recognized by this nation. 789 00:34:08,921 --> 00:34:11,834 As such, Mr. Timon and Father Galva were reasonable in relying 790 00:34:11,891 --> 00:34:15,361 on the laws of New York and this country's respect of religion in general, 791 00:34:15,428 --> 00:34:18,136 to protect their private communications. 792 00:34:18,598 --> 00:34:21,044 Mr. McCoy, you've cited no case 793 00:34:21,100 --> 00:34:22,579 in which a court has approved 794 00:34:22,635 --> 00:34:23,943 the invasion of the rite of confession 795 00:34:24,003 --> 00:34:25,539 by any agency of the government, 796 00:34:25,605 --> 00:34:28,017 and my own research has found none. 797 00:34:28,074 --> 00:34:31,112 For these reasons, I'm enjoining the District Attorney 798 00:34:31,177 --> 00:34:33,714 and all parties hereto from using in any trial 799 00:34:33,779 --> 00:34:35,315 or disseminating by any fashion 800 00:34:35,381 --> 00:34:37,156 the contents of this confession. 801 00:34:37,416 --> 00:34:40,522 No. No. This isn't justice. That animal killed my boy! 802 00:34:40,586 --> 00:34:41,997 JUDGE MICKERSON: Sit down! How can you protect him? 803 00:34:42,054 --> 00:34:43,829 This can't be what God wants! 804 00:34:43,889 --> 00:34:44,890 Officer, remove that man. 805 00:34:44,957 --> 00:34:46,732 MR. WHEELER: This isn't fair, how can you do this? 806 00:34:46,792 --> 00:34:49,398 He killed my boy! He killed him! 807 00:34:49,462 --> 00:34:51,237 Oh, God, my boy's dead! 808 00:34:51,297 --> 00:34:53,368 Your Honor, for the record, 809 00:34:53,432 --> 00:34:55,639 I intend to serve a notice of appeal 810 00:34:55,701 --> 00:34:57,408 on grounds that your blanket injunction 811 00:34:57,470 --> 00:34:58,642 isn't in the interest of justice. 812 00:34:58,704 --> 00:35:01,446 I think I've addressed that issue, Mr. McCoy. 813 00:35:01,974 --> 00:35:03,078 I don't believe you have, Your Honor. 814 00:35:03,142 --> 00:35:06,646 You've completely ignored the impact of your ruling on third party action. 815 00:35:06,712 --> 00:35:08,658 For example, the victim's family 816 00:35:08,714 --> 00:35:11,024 bringing a wrongful death suit against Mr. Timon. 817 00:35:11,083 --> 00:35:12,084 JUDGE MICKERSON: Mr. McCoy... 818 00:35:12,151 --> 00:35:13,596 This tape has probative 819 00:35:13,653 --> 00:35:17,465 and exculpative value Your Honor has simply neglected. 820 00:35:17,523 --> 00:35:19,503 Your Honor, if I may. 821 00:35:19,558 --> 00:35:23,028 I'm counsel for Mr. Timon's co-defendant, Dale Kershaw. 822 00:35:23,095 --> 00:35:25,439 This tape may very well prove my client innocent 823 00:35:25,498 --> 00:35:28,001 from having participated in this crime. 824 00:35:28,067 --> 00:35:29,569 In this narrow instance, 825 00:35:29,635 --> 00:35:31,876 the exculpative value of evidence 826 00:35:31,937 --> 00:35:34,144 must supersede the priest-penitent privilege. 827 00:35:34,206 --> 00:35:36,117 Please, sit down. Sit down! 828 00:35:37,743 --> 00:35:39,723 Mr. McCoy, you see what you started? 829 00:35:40,379 --> 00:35:41,653 This isn't what I had in mind. 830 00:35:42,248 --> 00:35:46,196 No? Tell you what, Mr. McCoy, 831 00:35:46,252 --> 00:35:48,562 I'm going to amend my decision. 832 00:35:48,621 --> 00:35:51,659 You're still enjoined from using the confession against Mr. Timon. 833 00:35:51,724 --> 00:35:54,671 But Mr. Kershaw may use it in his own defense. Adjourned. 834 00:35:54,727 --> 00:35:56,104 Your Honor, you can't allow the... 835 00:35:56,162 --> 00:35:58,335 I said we're adjourned. (GAVEL POUNDING) 836 00:36:01,567 --> 00:36:03,274 Nice going. 837 00:36:03,336 --> 00:36:04,974 I thought it went pretty well, considering. 838 00:36:05,037 --> 00:36:06,948 You just handed Kershaw a gift. 839 00:36:07,006 --> 00:36:08,986 He'll use the confession to prove Timon did the shooting 840 00:36:09,041 --> 00:36:11,021 while he was off roller-blading in Central Park. 841 00:36:11,077 --> 00:36:13,853 Not unless he severs his trial from Timons. 842 00:36:14,647 --> 00:36:16,183 Once they're tried separately 843 00:36:16,248 --> 00:36:18,785 their little finger-pointing routine won't work. 844 00:36:25,691 --> 00:36:26,726 The federal judge ruled 845 00:36:26,792 --> 00:36:28,897 the confession tape can't be used against Mr. Timon. 846 00:36:28,961 --> 00:36:31,441 Now, if Mr. Timon and my client are tried together, 847 00:36:31,497 --> 00:36:32,874 that means that the jury will be barred 848 00:36:32,932 --> 00:36:34,036 from hearing the only evidence 849 00:36:34,100 --> 00:36:35,170 that exonerates my client. 850 00:36:35,234 --> 00:36:37,145 Because the confession exculpates your client 851 00:36:37,203 --> 00:36:38,204 while implicating Mr. Timon. 852 00:36:38,270 --> 00:36:39,271 SHATENSTEIN: Yes, Your Honor. 853 00:36:39,338 --> 00:36:40,942 That's why you must sever the trials, 854 00:36:41,006 --> 00:36:42,917 so that my client can present the tape to a jury 855 00:36:42,975 --> 00:36:44,716 without violating the federal court order. 856 00:36:44,844 --> 00:36:47,381 All right. What Mr. Shatenstein fails to appreciate here is that 857 00:36:47,446 --> 00:36:49,619 this is just a ploy by the District Attorney 858 00:36:49,682 --> 00:36:52,060 to drive a wedge between our clients. 859 00:36:52,118 --> 00:36:54,291 JUDGE STEINMAN: And this is legal grounds to oppose severance? 860 00:36:54,353 --> 00:36:56,458 I don't think so, Ms. Tyrell. 861 00:36:56,522 --> 00:36:58,468 Mr. McCoy, do the People take a position 862 00:36:58,524 --> 00:37:00,231 on Mr. Shatenstein's motion to sever? 863 00:37:00,292 --> 00:37:02,738 No, Your Honor. We'll rely on your good judgment. 864 00:37:03,562 --> 00:37:04,939 Then the motion's granted. 865 00:37:04,997 --> 00:37:06,772 The defendants will be tried separately. 866 00:37:09,468 --> 00:37:11,641 TYRELL: Shatenstein is an idiot. 867 00:37:11,704 --> 00:37:13,581 I told him it was a sucker play. 868 00:37:13,639 --> 00:37:15,619 JACK: You're imagining things. 869 00:37:15,674 --> 00:37:17,585 My imagination put me through B.U., 870 00:37:17,643 --> 00:37:19,680 playing the ponies at Suffolk Downs. 871 00:37:19,745 --> 00:37:23,818 Jack, I just realized we are better off with two trials. 872 00:37:24,683 --> 00:37:28,688 It's very cute. There's still only one shooter. 873 00:37:28,754 --> 00:37:30,791 You try Kershaw first and convict him, 874 00:37:30,856 --> 00:37:33,268 you give my client the perfect defense. 875 00:37:33,325 --> 00:37:35,896 You try Timon first, Kershaw's off the hook. 876 00:37:35,961 --> 00:37:38,305 That's a tough decision, McCoy. 877 00:37:38,464 --> 00:37:40,239 Odds are still on our side. 878 00:37:40,299 --> 00:37:42,336 I won't have to flip a coin. 879 00:37:42,401 --> 00:37:45,109 While I'm arguing to a jury is that your Mr. Timon 880 00:37:45,171 --> 00:37:47,014 fired the bullet that killed Matthew Wheeler, 881 00:37:47,072 --> 00:37:49,052 Ms. Ross will be down the hall telling another jury 882 00:37:49,108 --> 00:37:51,714 it was Mr. Kershaw. See you at the track! 883 00:37:56,215 --> 00:37:57,888 Simultaneous trials? 884 00:37:57,950 --> 00:37:59,520 Otherwise, whoever's tried first, 885 00:37:59,585 --> 00:38:00,996 the other one gets a walk. 886 00:38:01,053 --> 00:38:02,327 I want them both convicted. 887 00:38:02,388 --> 00:38:04,664 Of firing the same bullet? 888 00:38:04,723 --> 00:38:06,430 You familiar with the laws of physics? 889 00:38:06,492 --> 00:38:08,494 JACK: I'm familiar with the laws of the state of New York. 890 00:38:08,561 --> 00:38:10,802 I'm playing legal tiddly-winks with these punks. 891 00:38:10,863 --> 00:38:12,001 What I'd really like to do is 892 00:38:12,064 --> 00:38:13,202 take them out to Battery Park 893 00:38:13,265 --> 00:38:15,176 and hang them by the scrotum. 894 00:38:15,234 --> 00:38:18,738 Understandable sentiment. But stick to tiddly-winks. 895 00:38:18,804 --> 00:38:20,715 (SIGHS) it's from Tyrell and Shatenstein. 896 00:38:20,773 --> 00:38:22,753 Motion opposing simultaneous trials. 897 00:38:23,209 --> 00:38:25,951 I guess you're going to find out what the law thinks. 898 00:38:26,345 --> 00:38:29,383 Look, he can argue Timon was the shooter or Kershaw was, 899 00:38:29,448 --> 00:38:31,655 but he knows damn well it wasn't both of them. 900 00:38:31,717 --> 00:38:32,855 Your Honor, in each trial 901 00:38:32,918 --> 00:38:35,159 I'd simply be arguing from the facts in evidence, 902 00:38:35,221 --> 00:38:38,668 and the facts permit the reasonable inference, in one case, 903 00:38:38,724 --> 00:38:39,862 that Timon shot the victim, 904 00:38:39,925 --> 00:38:41,461 and in the other, that Kershaw did. 905 00:38:41,527 --> 00:38:44,007 How can he say that two different people fired that bullet? 906 00:38:44,063 --> 00:38:45,474 It doesn't make sense. 907 00:38:45,531 --> 00:38:48,273 Nothing in the law prevents me from simultaneously arguing 908 00:38:48,334 --> 00:38:50,610 different facts to different juries in the same case. 909 00:38:50,669 --> 00:38:51,670 He's absolutely right. 910 00:38:51,737 --> 00:38:53,341 It doesn't stand up to logic. 911 00:38:53,405 --> 00:38:55,112 Welcome to the judicial system. 912 00:38:55,174 --> 00:38:57,085 Your Honor, how's it going to look? 913 00:38:57,142 --> 00:38:58,587 Come on. You let him do this, 914 00:38:58,644 --> 00:39:01,625 it's going to undermine public confidence in the court. 915 00:39:01,680 --> 00:39:03,353 Nothing undermines public confidence 916 00:39:03,415 --> 00:39:05,554 like seeing two cold-blooded killers walk free. 917 00:39:05,618 --> 00:39:08,895 Yes, yes, Mr. McCoy. Ms. Tyrell, Mr. Shatenstein, 918 00:39:08,954 --> 00:39:10,934 regardless of what a logician might think, 919 00:39:10,990 --> 00:39:13,527 Mr. McCoy can in fact present two separate 920 00:39:13,592 --> 00:39:15,503 and mutually exclusive theories of the crime 921 00:39:15,561 --> 00:39:17,507 to two different juries in concurrent trials. 922 00:39:17,563 --> 00:39:18,667 In short, your motion's denied. 923 00:39:18,731 --> 00:39:19,766 SHATENSTEIN: Your Honor, 924 00:39:19,832 --> 00:39:21,641 I move to un-sever the trials. 925 00:39:21,700 --> 00:39:23,179 (STUTTERING) In light of your decision, 926 00:39:23,235 --> 00:39:24,908 our clients should be tried jointly. 927 00:39:24,970 --> 00:39:27,814 Mr. Shatenstein you have a strange sense of humor. 928 00:39:27,873 --> 00:39:29,477 You all have a nice day. 929 00:39:31,577 --> 00:39:33,284 Frankly, I don't know what an appellate court 930 00:39:33,345 --> 00:39:35,689 would do with a conviction. 931 00:39:35,748 --> 00:39:38,285 Not that my client's eager to find out. 932 00:39:39,518 --> 00:39:42,761 My offer hasn't changed, Mr. Timon. Twenty to life. 933 00:39:44,557 --> 00:39:46,264 (SIGHS) 934 00:39:46,692 --> 00:39:49,502 I'm so tired. 935 00:39:49,562 --> 00:39:52,042 I can't take not knowing what's going to happen to me. 936 00:39:52,898 --> 00:39:56,277 You know you'll have to get up in court and testify against Kershaw. 937 00:39:56,936 --> 00:39:57,937 Yes, ma'am. 938 00:39:58,003 --> 00:40:00,347 You'll have to say what the two of you did. 939 00:40:00,406 --> 00:40:01,976 I know. 940 00:40:03,776 --> 00:40:06,279 I got one thing. 941 00:40:06,345 --> 00:40:08,120 I want to be in a prison close to the city. 942 00:40:08,180 --> 00:40:10,922 So my mom and uncle can come visit. 943 00:40:16,255 --> 00:40:17,666 We can arrange that. 944 00:40:24,630 --> 00:40:27,804 JACK: And after you ordered the food, what did you do? 945 00:40:27,866 --> 00:40:30,676 TIMON: We took the subway to 34th Street 946 00:40:30,736 --> 00:40:34,309 and then we walked to the address that Dale told the guy. 947 00:40:35,341 --> 00:40:38,015 JACK: Who had the gun at this point? 948 00:40:38,077 --> 00:40:41,286 I did. But Dale wanted to go first. 949 00:40:41,914 --> 00:40:43,359 What do you mean "go first"? 950 00:40:44,016 --> 00:40:45,017 To shoot first. 951 00:40:45,184 --> 00:40:47,630 How did you decide who'd go first? 952 00:40:47,920 --> 00:40:50,230 Well, we went odds-evens, 953 00:40:50,289 --> 00:40:52,098 you know, like, with our fingers. 954 00:40:52,424 --> 00:40:53,425 And who won? 955 00:40:55,361 --> 00:40:56,567 I did. 956 00:40:56,629 --> 00:40:58,131 What happened next? 957 00:40:58,964 --> 00:41:01,069 Well, we waited for the guy. 958 00:41:03,235 --> 00:41:06,239 He drove up real slow. 959 00:41:06,405 --> 00:41:08,316 Then he called over to Dale. 960 00:41:08,874 --> 00:41:10,478 What did you do? 961 00:41:11,276 --> 00:41:13,085 I came up behind him. 962 00:41:14,480 --> 00:41:16,084 He must've heard me. 963 00:41:17,883 --> 00:41:20,420 He turned around and he looked at me. 964 00:41:20,519 --> 00:41:21,862 I started shooting. 965 00:41:22,788 --> 00:41:24,131 How many shots? 966 00:41:25,624 --> 00:41:26,625 Three. 967 00:41:27,192 --> 00:41:29,399 And then? 968 00:41:29,461 --> 00:41:33,807 And then he drove away. So Dale took the gun from me, 969 00:41:34,800 --> 00:41:37,974 ran after him, shooting at him. 970 00:41:39,972 --> 00:41:41,451 Then the van rolled into a street light. 971 00:41:42,141 --> 00:41:44,246 And what did Mr. Kershaw do after that? 972 00:41:44,943 --> 00:41:48,356 He opened the door. The guy had his head on the steering wheel. 973 00:41:48,414 --> 00:41:50,519 There was blood coming out of his ears. 974 00:41:53,619 --> 00:41:56,862 Dale and me, we pulled him out. 975 00:41:56,922 --> 00:42:00,369 He was just laying on the street, 976 00:42:00,426 --> 00:42:01,837 looking up at the street light. 977 00:42:04,129 --> 00:42:05,870 He was still alive? 978 00:42:07,032 --> 00:42:08,340 Yes, sir. 979 00:42:10,836 --> 00:42:12,747 He was hardly breathing. 980 00:42:14,940 --> 00:42:16,783 We stood there and we watched him die. 981 00:42:20,479 --> 00:42:22,152 Then we ran off. 982 00:42:27,119 --> 00:42:28,462 I'm real sorry. 983 00:42:45,270 --> 00:42:48,080 Before I pronounce sentence, pursuant to statute, 984 00:42:48,140 --> 00:42:50,916 the family of the victim has an opportunity to address the court. 985 00:42:50,976 --> 00:42:52,978 Mr. and Mrs. Wheeler, you may step forward. 986 00:43:01,186 --> 00:43:02,187 Here, Your Honor? 987 00:43:02,254 --> 00:43:03,699 Yes, that's fine. 988 00:43:03,789 --> 00:43:04,790 Whenever you're ready. 989 00:43:05,691 --> 00:43:08,103 I just want to say that my life... 990 00:43:09,928 --> 00:43:12,932 My life stopped when Matthew died. 991 00:43:15,234 --> 00:43:16,872 Nothing's the same. 992 00:43:18,070 --> 00:43:19,549 I can't... 993 00:43:23,342 --> 00:43:24,719 (EXHALES) 994 00:43:26,945 --> 00:43:28,083 You... 995 00:43:34,520 --> 00:43:35,931 (WHISPERING) 996 00:43:50,135 --> 00:43:52,581 I'm sorry for losing my son. 997 00:43:54,606 --> 00:43:56,449 I'm sorry you killed him. 998 00:43:58,410 --> 00:43:59,616 I'm sorry you're going to spend 999 00:43:59,678 --> 00:44:01,521 the rest of your life in prison. 1000 00:44:04,016 --> 00:44:06,462 You made a bad choice. 1001 00:44:06,518 --> 00:44:07,895 You broke the golden rule. 1002 00:44:07,953 --> 00:44:10,160 To love other people like you love yourself. 1003 00:44:14,393 --> 00:44:17,772 For the last four months, I have tried to hate you. 1004 00:44:19,698 --> 00:44:21,109 But I can't. 1005 00:44:22,301 --> 00:44:24,178 I just can't hate you. 1006 00:44:26,371 --> 00:44:28,977 The church is right. 1007 00:44:29,575 --> 00:44:32,920 Even you and your friend deserve God's love and protection. 1008 00:44:35,714 --> 00:44:39,252 So I'm going to pray that God watch over you 1009 00:44:41,019 --> 00:44:43,021 in that terrible place you're going. 1010 00:45:12,451 --> 00:45:14,260 Mr. Kershaw, please stand up. 1011 00:45:18,423 --> 00:45:19,800 A jury having found you guilty 1012 00:45:19,858 --> 00:45:21,565 of Murder in the Second Degree 1013 00:45:21,627 --> 00:45:24,608 and criminal Possession of a Weapon in the Second Degree, 1014 00:45:24,663 --> 00:45:29,078 this court sentences you to a term no less than 30 years 1015 00:45:29,134 --> 00:45:31,512 and no more than the term of your natural life 1016 00:45:31,570 --> 00:45:32,947 to be served at a facility 1017 00:45:33,005 --> 00:45:34,882 to be determined by the Department of Correction. 1018 00:45:35,407 --> 00:45:36,681 (GAVEL POUNDS) 1019 00:45:44,783 --> 00:45:46,558 Thrill-killers are protected by the church. 1020 00:45:46,618 --> 00:45:48,859 The law says two people can fire one bullet. 1021 00:45:48,921 --> 00:45:50,958 And now the victim's mother forgives them. 1022 00:45:51,023 --> 00:45:52,559 You figure it out. 1023 00:45:52,624 --> 00:45:54,865 You don't think you could? Forgive them, I mean? 1024 00:45:54,927 --> 00:45:55,962 No. 1025 00:45:56,028 --> 00:45:57,564 Neither could I. 1026 00:45:57,629 --> 00:45:59,040 What does that say about us? 1027 00:45:59,090 --> 00:46:03,640 Repair and Synchronization by Easy Subtitles Synchronizer 1.0.0.0 78667

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