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.srt by GeirDM
www.addic7ed.com
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NARRATOR:
In the criminal justice system
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00:00:08,989 --> 00:00:12,835
the people are represented by two
separate yet equally important groups,
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00:00:12,893 --> 00:00:14,736
the police
who investigate crime
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00:00:14,795 --> 00:00:17,571
and the district attorneys
who prosecute the offenders.
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These are their stories.
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(MUSIC PLAYING ON RADIO)
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MATT: Sure I can afford it.
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Mr. DeLuca, he knows
one of the waiters.
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00:00:26,873 --> 00:00:28,546
So, he's going
to call him up
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so we can get
served wine.
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00:00:30,077 --> 00:00:31,579
(CHUCKLES)
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00:00:31,645 --> 00:00:35,616
Well, they got... They got table cloths.
They got candles.
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00:00:35,682 --> 00:00:37,662
Yeah, and they sing opera.
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00:00:37,718 --> 00:00:41,723
Well, you know, maybe I can get them
to sing Happy Birthday for you.
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00:00:41,788 --> 00:00:43,358
Hey, look, I think I'm
coming up on the address.
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00:00:43,423 --> 00:00:46,199
Let me call you
when I get home, all right?
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00:00:46,259 --> 00:00:48,705
Yeah. I love you, too.
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(BRAKES SQUEALING)
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Hey, excuse me.
I'm looking for number 127.
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Do you know
which door that is?
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(RATTLING)
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(GUNSHOT)
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(WOMAN CHATTERING
OVER POLICE RADIO)
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00:01:07,381 --> 00:01:10,624
CSU TECH: He was tapped once in the
back of the head, .25 caliber.
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We got three casings
in a group back there,
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and four more spread out
along the sidewalk.
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The shooter was running
after the van.
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00:01:16,957 --> 00:01:19,028
Yeah. The kid
tried to get away.
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00:01:19,092 --> 00:01:21,663
Matthew Wheeler,
20 years old last month.
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It's his van.
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BRISCOE: He was just like this?
Uh-huh.
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00:01:24,598 --> 00:01:26,202
The perp must
have pulled him out.
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00:01:26,266 --> 00:01:29,679
Yeah. He left the cash.
And the watch.
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00:01:29,736 --> 00:01:31,545
And the four buckets
of chicken.
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CSU TECH: DeLuca's,
41st and Sth.
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BRISCOE: Good place.
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They make their
own chicken soup.
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I never saw
this kid there.
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00:01:38,278 --> 00:01:41,816
Detective, this is Mr.
Sheehan. He saw it happen.
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Well, not the whole
thing, actually, l...
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Well, we'd appreciate
anything you can tell us.
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I was walking along the
street here, going home,
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00:01:48,655 --> 00:01:50,464
when I heard
three shots.
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So I looked up
to the corner here,
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and I saw this van here
roll by the intersection.
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There was somebody running
along the passenger side
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00:01:59,065 --> 00:02:00,942
shooting into the van.
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00:02:01,001 --> 00:02:02,844
Can you describe
this somebody?
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00:02:02,903 --> 00:02:06,612
Well, I didn't run up to get a good look.
I was pretty scared.
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00:02:06,673 --> 00:02:07,674
And then what?
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00:02:07,741 --> 00:02:09,743
Then nothing.
I ran home.
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00:02:09,810 --> 00:02:12,313
Until I heard
the sirens.
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00:02:12,379 --> 00:02:15,155
Okay. The detective will
take your statement. Thanks.
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00:02:15,215 --> 00:02:19,891
Lennie, the address on
the delivery ticket, 127.
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00:02:20,520 --> 00:02:22,193
You want to
deliver the chicken?
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00:02:22,255 --> 00:02:24,929
127 is an empty store.
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00:03:13,830 --> 00:03:16,470
I should've never
sent him out this late,
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but four
large buckets...
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00:03:18,101 --> 00:03:20,012
You got to make a living.
(SIGHS)
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He was only working
here a couple of weeks.
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Nice kid. (SIGHS)
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00:03:24,875 --> 00:03:26,877
This is really screwed up.
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00:03:26,943 --> 00:03:28,183
CURTIS: Who took the order?
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He did.
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00:03:29,479 --> 00:03:31,891
We didn't find a phone number
on the delivery ticket.
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00:03:31,982 --> 00:03:35,862
I told him to
always get a number.
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00:03:35,919 --> 00:03:38,661
Come on. Come on.
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00:03:38,722 --> 00:03:39,792
I'm sure it's here.
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00:03:39,856 --> 00:03:42,996
Why don't we check the caller ID box?
They save the numbers.
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00:03:43,060 --> 00:03:45,438
Oh, right. I forgot.
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The call came in
right after 10:00.
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00:03:47,431 --> 00:03:51,004
The early news
just started...
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00:03:51,535 --> 00:03:53,412
Here. it's this one.
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00:03:53,470 --> 00:03:57,111
Mr. DeLuca, you been having
any trouble with anybody?
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00:03:57,174 --> 00:03:59,154
You know, maybe
somebody you pissed off.
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00:03:59,209 --> 00:04:02,088
Or maybe you buy your chickens
from the wrong supplier?
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00:04:02,145 --> 00:04:05,354
Nothing like that. Why?
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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.
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00:04:11,455 --> 00:04:15,460
Hey, I pay my bills,
I don't owe no Shylock.
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00:04:15,525 --> 00:04:16,833
(SCOFFS)
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00:04:16,893 --> 00:04:19,840
And I get my birds
from the right people.
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00:04:21,064 --> 00:04:24,273
He's a good kid.
He never hurt anybody.
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00:04:24,334 --> 00:04:27,474
What kind of a sick bastard
would do this?
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00:04:27,938 --> 00:04:28,939
We'll get him.
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00:04:29,005 --> 00:04:30,848
Can you think of anyone who
might've wanted to hurt him?
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00:04:31,074 --> 00:04:33,680
No. He got along good
with everybody.
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00:04:33,743 --> 00:04:35,086
I don't mean
any disrespect,
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00:04:35,145 --> 00:04:37,591
but was he ever mixed up
with a gang or with drugs?
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00:04:37,647 --> 00:04:40,924
No. He told me
that he tried pot.
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00:04:40,984 --> 00:04:42,861
But, I mean, show me
a kid that doesn't.
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00:04:42,919 --> 00:04:45,297
Oh, God,
I should call Lauren.
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00:04:45,355 --> 00:04:46,561
BRISCOE: Lauren?
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00:04:46,623 --> 00:04:47,795
Yeah.
That's his girlfriend.
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00:04:47,858 --> 00:04:49,565
He met her
at City College.
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00:04:49,659 --> 00:04:51,263
He goes there part time.
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00:04:51,328 --> 00:04:52,466
We're going to
need to talk to her.
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00:04:52,963 --> 00:04:53,998
Yeah.
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00:04:54,064 --> 00:04:56,044
I'll get the address.
(PAGER BEEPING)
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Excuse me,
it's Profaci.
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00:05:02,973 --> 00:05:04,646
MR. WHEELER:
I'm telling you right now,
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00:05:04,708 --> 00:05:06,813
the son of a bitch
who killed my boy,
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00:05:06,877 --> 00:05:08,857
you better pray
you find him before I do.
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00:05:12,782 --> 00:05:14,762
The call to the chicken
place came from here.
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00:05:14,818 --> 00:05:16,024
I got people canvassing.
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00:05:16,086 --> 00:05:18,930
Two witnesses in one day?
We should be so lucky.
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00:05:18,989 --> 00:05:20,366
You checking that
for prints or what?
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00:05:20,423 --> 00:05:21,902
Soon as I take it
back to the lab.
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00:05:21,958 --> 00:05:23,335
This year?
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00:05:23,393 --> 00:05:25,339
It's up to him.
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00:05:25,395 --> 00:05:27,238
I can't just
disconnect a payphone.
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00:05:27,297 --> 00:05:29,675
I have to have a work order
from my supervisor.
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00:05:29,733 --> 00:05:31,508
And he needs a paper
from his supervisor,
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00:05:31,568 --> 00:05:33,070
who needs a paper
from the city.
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00:05:33,136 --> 00:05:35,514
Tell you what.
I'm going to give you a piece of paper.
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00:05:35,572 --> 00:05:37,381
Now, this is
my card, see.
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00:05:37,440 --> 00:05:39,477
I'm going to write
a little note on it.
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00:05:39,543 --> 00:05:42,023
And the next time you get
stopped for speeding,
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00:05:42,078 --> 00:05:45,059
you just show this
to the officer. Deal?
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00:05:45,115 --> 00:05:48,324
Yeah? Okay.
122
00:05:49,186 --> 00:05:50,790
Check the coins,
too, huh.
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00:05:50,854 --> 00:05:53,266
We got a match from a
thumbprint on two shell casings
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00:05:53,323 --> 00:05:55,428
to partials on five coins
in the phone.
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00:05:55,492 --> 00:05:56,562
So the shooter
made five calls.
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00:05:56,626 --> 00:05:57,627
Looks like.
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00:05:57,694 --> 00:06:00,072
There was a second set of
thumbprints on the casings.
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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.
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00:06:05,502 --> 00:06:08,210
We talked to the victim's
girlfriend, to his friends.
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00:06:08,271 --> 00:06:10,808
The kid was the boy wonder.
I don't see any motive here.
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00:06:10,874 --> 00:06:12,820
People don't kill
for no reason.
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00:06:12,876 --> 00:06:14,856
This doer made a phone
call from Central Park
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00:06:14,911 --> 00:06:16,652
for a delivery
40 blocks away.
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00:06:16,713 --> 00:06:18,158
He wanted
a nice, quiet street.
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00:06:18,215 --> 00:06:20,491
There are quiet streets
closer to the park.
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00:06:20,584 --> 00:06:22,996
Tell me about
this bogus address.
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00:06:23,053 --> 00:06:24,760
Repair shop
for small appliances.
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00:06:24,821 --> 00:06:26,767
Went out of business
about 14 months ago.
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00:06:26,823 --> 00:06:28,029
So our suspect
knows that
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because he lives
in that neighborhood.
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00:06:29,759 --> 00:06:31,864
Yeah. Along with
40,000 of his neighbors.
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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.
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00:06:36,266 --> 00:06:39,873
Six to take-out places, including
the last one, DeLuca's.
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00:06:39,936 --> 00:06:42,348
Five coins, five calls.
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00:06:42,405 --> 00:06:43,975
He was trolling
for victims.
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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,
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00:07:07,964 --> 00:07:10,535
then the other guy gets on
to give me the address.
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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.
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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.
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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.
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00:07:48,338 --> 00:07:49,544
BRISCOE: So?
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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.
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00:07:57,681 --> 00:07:59,024
So, what's up
with our shooter?
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00:07:59,082 --> 00:08:00,720
Well, there might've
been two of them.
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00:08:00,784 --> 00:08:03,390
Young, probably white.
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00:08:03,453 --> 00:08:05,194
They called four
other take-out places.
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00:08:05,255 --> 00:08:06,893
The other two calls
were legit orders.
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00:08:06,956 --> 00:08:09,129
That accounts for
four of the coins.
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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.
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00:08:28,945 --> 00:08:30,185
BRISCOE: Mr. Hemmerick.
Yeah?
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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
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