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NARRATOR: In the
criminal justice system
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00:00:08,575 --> 00:00:11,943
the people are represented by two
separate yet equally important groups,
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00:00:12,513 --> 00:00:14,175
the police who investigate crime
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00:00:14,381 --> 00:00:16,714
and the district attorneys
who prosecute the offenders.
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00:00:17,251 --> 00:00:18,651
These are their stories.
6
00:00:20,153 --> 00:00:22,349
Sure I know her.
Through there, buzz 4D.
7
00:00:22,422 --> 00:00:25,187
Up the stairs, second
apartment in the back.
8
00:00:25,259 --> 00:00:27,387
Arnie, Mr. K.
Could use a refill.
9
00:00:27,461 --> 00:00:30,056
This is my third stop here
today. She's not answering.
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00:00:30,130 --> 00:00:31,174
I'd leave them
by the door, but...
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00:00:31,198 --> 00:00:33,758
No, no. Like leaving a pound
of brisket in front of a schnauzer.
12
00:00:33,834 --> 00:00:36,479
Maybe you can hold them and keep
some poor guy's heart from breaking?
13
00:00:36,503 --> 00:00:38,438
Uh, I'll do you one better.
14
00:00:38,505 --> 00:00:39,996
Ooh, she give you her keys?
15
00:00:40,073 --> 00:00:44,704
I got everybody's. I own the
building. Mind the register, boychick.
16
00:00:45,379 --> 00:00:47,314
Mind it. Don't help yourself.
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00:00:47,381 --> 00:00:48,474
Putz!
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00:00:48,549 --> 00:00:49,608
Ganef.
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00:00:52,486 --> 00:00:54,079
She has a cat. Mmm, yeah?
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00:00:54,154 --> 00:00:56,282
Smells like about five cats.
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00:01:02,062 --> 00:01:03,155
Oy vey.
22
00:01:07,167 --> 00:01:10,194
She was in that movie
where all the kids are dancing.
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00:01:10,270 --> 00:01:11,363
Fame? The other one.
24
00:01:11,438 --> 00:01:12,997
Turns out today's her birthday.
25
00:01:13,073 --> 00:01:14,769
The flowers were from her folks.
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00:01:15,309 --> 00:01:17,801
I read the card. Nice people.
27
00:01:17,878 --> 00:01:19,346
All right. Thank you.
28
00:01:22,382 --> 00:01:26,012
The doc says a single .357
round to the chest did the trick.
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00:01:26,620 --> 00:01:27,797
BROCK: Went right through her.
30
00:01:27,821 --> 00:01:29,380
Right in the
middle of lunch, too.
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00:01:29,456 --> 00:01:31,425
Looks like kung pao chicken.
32
00:01:31,592 --> 00:01:33,925
Yeah. Be sure to
get back to us on that.
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00:01:34,494 --> 00:01:37,259
There's a back alley entrance,
but the door was locked and alarmed
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00:01:37,331 --> 00:01:39,027
and there's no
sign of forced entry.
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00:01:39,099 --> 00:01:42,001
When will people learn that a good
friend can be your worst enemy?
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00:01:42,069 --> 00:01:43,469
She was some kind of actress.
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00:01:43,537 --> 00:01:45,301
Yeah, slash musician.
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00:01:46,740 --> 00:01:48,834
Small neck. It's made
for a woman's hands.
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00:01:48,976 --> 00:01:50,501
I always wanted to learn guitar.
40
00:01:50,577 --> 00:01:52,375
It's actually a bass.
A Rickenbacker.
41
00:01:52,579 --> 00:01:54,259
Is that good? It was
good enough for Elvis.
42
00:01:54,314 --> 00:01:55,658
Oh, now you're in
my neck of the woods.
43
00:01:55,682 --> 00:01:58,015
I'm actually talking
about Elvis Costello.
44
00:01:58,619 --> 00:01:59,814
Who's on first?
45
00:01:59,886 --> 00:02:03,618
Anyway, it fits with the
rest of her gear. Pricey.
46
00:02:04,124 --> 00:02:08,220
Her neighbor said this used to be
home to one of those plasma screen TVs.
47
00:02:08,528 --> 00:02:10,690
Those things go
for, like, six grand.
48
00:02:10,764 --> 00:02:13,757
For six grand, it ought to
make coffee and do the dishes.
49
00:03:06,586 --> 00:03:10,682
Lucy Dolan, 32, single,
unemployed actress.
50
00:03:11,024 --> 00:03:13,721
In that business if it said
"employed" I'd be shocked.
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00:03:13,794 --> 00:03:17,629
The M.E. says that Miss
Dolan had food in her upper GI.
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00:03:17,698 --> 00:03:20,167
The Chinese take-out receipt
was date and time stamped,
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00:03:20,233 --> 00:03:24,637
so the possible time of death is somewhere
between noon and 1:00 three days ago.
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00:03:25,038 --> 00:03:29,169
So, a girl gets shot over a busy
restaurant and no one hears anything?
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00:03:29,242 --> 00:03:32,872
Her apartment was soundproofed.
When she wasn't "not acting,"
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00:03:32,946 --> 00:03:35,245
she was not earning
a buck as a musician.
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00:03:35,716 --> 00:03:37,184
Whatever her calling,
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00:03:37,250 --> 00:03:40,687
the audio and video equipment in her
apartment was worth at least 50 grand.
59
00:03:41,922 --> 00:03:43,652
Someone must love this girl.
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00:03:47,227 --> 00:03:49,093
Today is her birthday.
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00:03:49,763 --> 00:03:52,358
You know, we sent her flowers.
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00:03:53,600 --> 00:03:57,799
Lucy was lost. With
the music, acting.
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00:03:58,338 --> 00:04:00,967
Stop it. She was good.
64
00:04:01,208 --> 00:04:02,767
Remember, we saw her in...
65
00:04:02,843 --> 00:04:05,278
Something off-off Broadway.
66
00:04:05,979 --> 00:04:08,676
How did she actually
earn a living, Mr. Dolan?
67
00:04:09,149 --> 00:04:10,913
A job here, a job there.
68
00:04:11,752 --> 00:04:13,516
Lately she was doing comedy.
69
00:04:13,587 --> 00:04:16,113
Stand up. I guess
it was going well.
70
00:04:16,523 --> 00:04:17,643
Why do you say it like that?
71
00:04:17,991 --> 00:04:21,325
Lucy was no spoiled brat.
She really worked hard.
72
00:04:21,928 --> 00:04:26,263
But sometimes we helped
her with, uh, her rent or bills...
73
00:04:26,333 --> 00:04:28,802
We didn't mind.
What else is it for?
74
00:04:29,603 --> 00:04:32,163
She hasn't asked for
help in quite a while.
75
00:04:33,106 --> 00:04:35,132
So, the stereo equipment...
76
00:04:35,809 --> 00:04:39,177
You mean the CD player?
What's that got to do with this?
77
00:04:40,680 --> 00:04:44,583
Oh, nothing, really. Uh, so
where did Lucy do her stand up?
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00:04:45,318 --> 00:04:47,617
She never wanted us to see her.
79
00:04:48,255 --> 00:04:51,350
I assumed it wasn't the
most respectable club around.
80
00:04:52,292 --> 00:04:54,090
Her agent would know.
81
00:04:56,196 --> 00:05:00,497
Lucy had a killer body. If only
she was a couple of inches taller.
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00:05:00,967 --> 00:05:03,163
ED: Her folks said her
comedy act was taking off.
83
00:05:03,303 --> 00:05:05,704
Yeah, my mom
thinks I'm Swifty Lazar.
84
00:05:05,806 --> 00:05:09,140
Lucy emceed late-late night at
the Laff Riot out on Staten Island.
85
00:05:09,476 --> 00:05:11,843
We're not exactly
talking Leno material.
86
00:05:11,912 --> 00:05:13,847
Did she have any close
friends? A boyfriend?
87
00:05:13,914 --> 00:05:15,712
There are two types
of clients, Detective.
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00:05:15,782 --> 00:05:18,274
One consults me before
they buy a tube of toothpaste.
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00:05:18,351 --> 00:05:20,616
The other, I'm lucky if
I get their cell number.
90
00:05:20,687 --> 00:05:22,121
And Lucy was the latter?
91
00:05:22,189 --> 00:05:25,819
I never heard from the girl. Half the
time I didn't know what color her hair was.
92
00:05:26,126 --> 00:05:28,493
You think she might have
been using that "killer body"
93
00:05:28,562 --> 00:05:30,997
to make some money
the old-fashioned way?
94
00:05:31,231 --> 00:05:34,929
I hope not. But it's a tough
business. What can I say?
95
00:05:35,402 --> 00:05:36,893
She wouldn't be the first.
96
00:05:39,973 --> 00:05:42,374
Ask me what the key
to comedy is. Timing.
97
00:05:43,009 --> 00:05:44,341
You can say that again.
98
00:05:44,411 --> 00:05:46,346
We were talking
about Lucy Dolan.
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00:05:46,413 --> 00:05:48,973
She could have used a
new watch, if you get my drift.
100
00:05:49,216 --> 00:05:52,914
Oh, so you gave her a regular gig
out of the kindness of your heart?
101
00:05:52,986 --> 00:05:55,751
Guys here at 2:00 in the
morning aren't here to laugh.
102
00:05:56,523 --> 00:05:57,752
They're here to look.
103
00:05:57,824 --> 00:05:59,690
And Lucy Dolan
was nice to look at.
104
00:05:59,960 --> 00:06:02,828
A five in Manhattan is
a ten in Staten Island.
105
00:06:02,896 --> 00:06:06,264
Anyway, she gave me notice.
Friday was gonna be her last day.
106
00:06:06,333 --> 00:06:08,825
We're just wondering why
a barely-employed comic
107
00:06:08,902 --> 00:06:11,235
would suddenly bolt
from her one paying gig?
108
00:06:11,738 --> 00:06:13,366
Are you hinting at
something here?
109
00:06:13,440 --> 00:06:15,568
We were wondering if
maybe that late-night crowd
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00:06:15,642 --> 00:06:17,406
offered her a little
more than you did?
111
00:06:17,510 --> 00:06:19,843
That sort of stuff does
not go on in my club.
112
00:06:20,747 --> 00:06:22,648
I don't need this.
Hey, man, look.
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00:06:23,550 --> 00:06:26,952
My partner didn't realize
that you were so sensitive.
114
00:06:27,153 --> 00:06:30,885
Let me ask you something. It
gets late, performers run out of gas,
115
00:06:30,957 --> 00:06:33,756
maybe they use a little
something-something to lift the spirits?
116
00:06:33,827 --> 00:06:36,126
First she's a hooker,
now she's a junkie.
117
00:06:36,196 --> 00:06:38,495
Let the girl rest in
peace, why don't you?
118
00:06:38,565 --> 00:06:39,658
He's right, Ed.
119
00:06:39,733 --> 00:06:43,966
So, Mr. Helprin, your cabaret
license. Everything in order?
120
00:06:45,171 --> 00:06:46,833
What do you guys want from me?
121
00:06:46,907 --> 00:06:48,569
I'm just trying to
run a club here.
122
00:06:48,642 --> 00:06:50,042
And one of your
acts was murdered.
123
00:06:50,110 --> 00:06:51,703
A little concern would be nice.
124
00:06:51,778 --> 00:06:55,112
Lucy kept a locker in
the back. Does that help?
125
00:06:55,782 --> 00:06:57,148
It's a start.
126
00:06:58,852 --> 00:07:03,415
Headshots, makeup,
speeding tickets.
127
00:07:03,990 --> 00:07:05,034
There's gotta be
a dozen of them.
128
00:07:05,058 --> 00:07:06,492
HELPRIN: She was in a rush.
129
00:07:06,559 --> 00:07:07,559
Lucy had a car?
130
00:07:07,994 --> 00:07:09,929
Green beemer. Is that a crime?
131
00:07:09,996 --> 00:07:12,488
Unless bad jokes pay
better than I thought.
132
00:07:12,766 --> 00:07:14,257
Figured it was family money.
133
00:07:14,801 --> 00:07:19,000
Hey, look at this. One
of those photo citations.
134
00:07:19,205 --> 00:07:20,298
Machines, right?
135
00:07:20,373 --> 00:07:23,070
They're gonna put you guys
outta work. (CHUCKLES)
136
00:07:24,444 --> 00:07:25,444
Sorry.
137
00:07:26,947 --> 00:07:28,882
You recognize this location?
138
00:07:30,383 --> 00:07:35,151
That's the street light on 54th.
Right next to our favorite deli.
139
00:07:36,589 --> 00:07:38,820
STEINER: Looking for
a moment frozen in time.
140
00:07:38,892 --> 00:07:39,951
That's almost poetic.
141
00:07:40,026 --> 00:07:42,052
Yeah. So what am I
doing in DMV, right?
142
00:07:42,162 --> 00:07:43,653
Just find us something
snapped between
143
00:07:43,730 --> 00:07:47,064
12:00 and 1:00 on that day,
on that corner, with that camera.
144
00:07:49,569 --> 00:07:52,164
Okay, 16 pics in that time span.
145
00:07:52,439 --> 00:07:55,568
Wow, at a hundred bucks a
pop? We should get a raise.
146
00:07:55,742 --> 00:07:56,782
STEINER: Tell me about it.
147
00:07:57,344 --> 00:07:58,387
You can blow that up, right?
148
00:07:58,411 --> 00:08:00,175
Already in the works.
149
00:08:01,614 --> 00:08:03,515
That's as good
as it's gonna get.
150
00:08:03,984 --> 00:08:05,008
Next.
151
00:08:06,720 --> 00:08:07,720
Next.
152
00:08:09,923 --> 00:08:10,923
Next.
153
00:08:13,059 --> 00:08:15,153
Wait a minute,
what's that? Zoom in.
154
00:08:21,334 --> 00:08:24,896
They gotta be tourists. Who else
would want a souvenir of a triple-decker?
155
00:08:25,005 --> 00:08:26,564
More likely looking
for celebrities.
156
00:08:26,639 --> 00:08:28,150
That place caters to
the rich and famous.
157
00:08:28,174 --> 00:08:32,407
Now all we have to do is put out an
APB for two badly-dressed out-of-towners.
158
00:08:33,279 --> 00:08:35,714
Ford Focus. My
guess it's a rental.
159
00:08:36,116 --> 00:08:39,018
And a rental company
would have their local address.
160
00:08:41,154 --> 00:08:42,850
New York's just too big for us.
161
00:08:42,922 --> 00:08:44,151
Too much of a hullabaloo.
162
00:08:44,224 --> 00:08:46,268
We just got a couple of
questions for you, Mrs. Platt.
163
00:08:46,292 --> 00:08:50,024
Oh, we have one for you. Why
do they call it "the Big Apple"?
164
00:08:50,096 --> 00:08:52,622
We have apple trees
back on the farm.
165
00:08:52,699 --> 00:08:54,224
MR. PLATT: In New Vienna. Ohio.
166
00:08:54,300 --> 00:08:55,300
Go figure.
167
00:08:55,368 --> 00:08:57,368
All we need is to take a
look at the video you shot
168
00:08:57,437 --> 00:08:58,530
in front of the deli.
169
00:08:58,605 --> 00:09:01,837
Look, I hate to be rude,
but we got a plane to catch.
170
00:09:02,375 --> 00:09:05,038
There's only one connecting
flight out of Cincinnati.
171
00:09:05,378 --> 00:09:08,314
Mr. Platt, you may have
unknowingly filmed evidence of a crime.
172
00:09:09,149 --> 00:09:12,119
Well, we'd love to help
you, but we're in a rush.
173
00:09:12,185 --> 00:09:15,644
Let me tell you something. Besides
all the hullabaloo here, we also have
174
00:09:15,722 --> 00:09:18,851
something called
"material witness warrants."
175
00:09:18,925 --> 00:09:22,123
That means we can keep you
here until all those apples grow back.
176
00:09:24,864 --> 00:09:26,025
We don't have the tape.
177
00:09:26,833 --> 00:09:28,665
Ed, why don't you
call Judge Finkel?
178
00:09:28,735 --> 00:09:31,933
No. You don't understand.
We really don't have it.
179
00:09:32,505 --> 00:09:33,505
We sold it.
180
00:09:33,773 --> 00:09:35,639
ED: To who? Television people.
181
00:09:36,276 --> 00:09:37,505
WEXR.
182
00:09:38,178 --> 00:09:40,044
Now you are gonna
miss that flight.
183
00:09:42,649 --> 00:09:44,527
ED: They see the murder on
the cover of the Daily News,
184
00:09:44,551 --> 00:09:46,295
they figure, "What the
hell? Let's make a buck."
185
00:09:46,319 --> 00:09:47,878
It is the American way.
186
00:09:47,954 --> 00:09:50,981
They said they got a shot of
three suspicious-looking characters.
187
00:09:51,057 --> 00:09:53,549
Well, if WEXR airs that tape,
188
00:09:53,626 --> 00:09:56,152
those characters will know
we're onto them and hit the road.
189
00:09:56,229 --> 00:09:58,841
Mmm-hmm. There's no way the
network is going to turn over that tape.
190
00:09:58,865 --> 00:10:01,300
Well, they might if we show
up with a restraining order.
191
00:10:01,367 --> 00:10:03,199
Well, what about
Ma and Pa Kettle?
192
00:10:03,837 --> 00:10:06,136
Well, the next
plane's in four hours.
193
00:10:06,773 --> 00:10:08,571
Cut 'em loose in
three and a half.
194
00:10:11,978 --> 00:10:16,848
Pentagon Papers case says it all. No prior
restraint on publication or broadcast.
195
00:10:16,916 --> 00:10:18,851
You can't issue a
restraining order, Judge.
196
00:10:18,918 --> 00:10:21,717
Your Honor, WEXR
paid $10,000 for the tape.
197
00:10:21,788 --> 00:10:24,348
Clearly, they think it
has probative value.
198
00:10:24,724 --> 00:10:26,784
If the Platts were in
possession of the tape,
199
00:10:26,860 --> 00:10:28,795
I'd concede the People's
right to subpoena it.
200
00:10:28,862 --> 00:10:29,921
But they're not.
201
00:10:29,996 --> 00:10:34,331
My client is, and my client is a
legitimate source of news in the community.
202
00:10:34,400 --> 00:10:36,130
In the alternative, Your
Honor, we're asking
203
00:10:36,202 --> 00:10:38,194
that the People
be given a first look.
204
00:10:38,638 --> 00:10:39,662
Pardon me?
205
00:10:39,739 --> 00:10:41,935
We want to view the tape
before they go public with it.
206
00:10:42,008 --> 00:10:44,068
We'll assure counsel
that nobody from our office
207
00:10:44,144 --> 00:10:47,740
or the police department will reveal
the existence of the tape before it airs.
208
00:10:47,814 --> 00:10:49,612
Well, Mr. Willet,
is 24 hours gonna
209
00:10:49,682 --> 00:10:51,776
put an overly-large
kink in your colon?
210
00:10:51,851 --> 00:10:53,376
That's not the point, Judge.
211
00:10:53,453 --> 00:10:56,912
Of course, there's always the chance that
I linger over the People's application,
212
00:10:56,990 --> 00:10:59,221
my clerk gets lost in
Westlaw for a couple of days,
213
00:10:59,292 --> 00:11:01,955
and your tape becomes
yesterday's news, literally.
214
00:11:04,464 --> 00:11:05,523
Thank you, Your Honor.
215
00:11:05,598 --> 00:11:09,000
JUDGE: People to be provided
with a duplicate tape forthwith.
216
00:11:09,969 --> 00:11:11,747
MR. PLATT: Hey, shove over!
You're blocking the window.
217
00:11:11,771 --> 00:11:14,297
I got Woody Allen
in the crosshairs.
218
00:11:15,608 --> 00:11:17,406
You hayseed, that's
just some other Jew.
219
00:11:18,444 --> 00:11:21,039
The silent majority. It
should stay that way.
220
00:11:22,682 --> 00:11:25,151
Now, that looks like
a plasma TV to me.
221
00:11:30,990 --> 00:11:33,186
BRISCOE: I thought he
was looking for celebrities.
222
00:11:33,259 --> 00:11:37,162
Oh! Larry, Moe, and
Curly makes three.
223
00:11:38,565 --> 00:11:40,830
Looks like Curly's
sporting a piece.
224
00:11:47,040 --> 00:11:48,474
BRISCOE: There go our killers.
225
00:11:48,541 --> 00:11:51,511
And we've got less than
23 hours to find them.
226
00:11:58,985 --> 00:12:02,217
I'm sorry, guys, I can't get the
plate or the registration sticker.
227
00:12:02,822 --> 00:12:07,385
DMV's got 2,700 beige Explorers
in the five boroughs alone.
228
00:12:07,460 --> 00:12:09,588
Yeah, assuming your
bad guys are even local.
229
00:12:11,831 --> 00:12:12,831
(TYPING)
230
00:12:16,269 --> 00:12:18,431
Wait. What's there?
Right on the front window.
231
00:12:18,504 --> 00:12:19,938
What? Uh...
232
00:12:24,544 --> 00:12:27,639
Looks like it could be a parking
permit, something like that.
233
00:12:27,714 --> 00:12:30,047
"FDR." Freemont Downs Racetrack.
234
00:12:31,117 --> 00:12:34,281
I can't make out the numbers,
but it is a parking permit.
235
00:12:34,354 --> 00:12:36,016
I love the ponies.
236
00:12:38,725 --> 00:12:40,353
Guys would kill
for a pass like that.
237
00:12:40,426 --> 00:12:41,985
Funny you should
put it that way.
238
00:12:42,061 --> 00:12:43,893
VIP parking. The
guy's a box owner.
239
00:12:43,963 --> 00:12:45,829
That goes along with
a clubhouse pass.
240
00:12:45,898 --> 00:12:48,210
If I could make out these numbers,
I could tell you who it belongs to.
241
00:12:48,234 --> 00:12:49,678
Can you get us a list
of the box owners?
242
00:12:49,702 --> 00:12:50,761
All 300 of them?
243
00:12:50,837 --> 00:12:52,548
Wait. Today's the Five
Borough Handicap, right?
244
00:12:52,572 --> 00:12:53,699
Attaboy Bob's running.
245
00:12:53,773 --> 00:12:55,605
I wouldn't wanna miss that.
246
00:12:56,776 --> 00:12:59,405
BRISCOE: Third race, I
gotta go with Ed's Pepper.
247
00:12:59,579 --> 00:13:01,138
ED: (CHUCKLES)
You gotta be kidding.
248
00:13:01,381 --> 00:13:03,373
She's a gray. I
always bet the gray.
249
00:13:03,783 --> 00:13:05,843
And you wonder
why you always lose.
250
00:13:05,918 --> 00:13:07,409
She's got the inside post.
251
00:13:07,487 --> 00:13:10,651
Yeah, man, and the first rule of
racing is "from the rail to the jail."
252
00:13:11,691 --> 00:13:12,691
Hey.
253
00:13:13,326 --> 00:13:14,760
Beige Explorer.
254
00:13:18,498 --> 00:13:19,932
They look familiar?
255
00:13:20,199 --> 00:13:21,997
That's Moe and Larry.
256
00:13:22,068 --> 00:13:23,627
Two out of three ain't bad.
257
00:13:30,476 --> 00:13:32,206
Hey, bro, who
you got in the first?
258
00:13:32,278 --> 00:13:34,611
Sigfried's Pal, man. What
the hell? (GUN COCKS)
259
00:13:34,681 --> 00:13:36,741
You just got
scratched, my friend.
260
00:13:42,155 --> 00:13:43,817
You know what this is, Matt?
261
00:13:44,123 --> 00:13:45,614
This is what we
call your yellows.
262
00:13:45,692 --> 00:13:47,888
CARTON: Yeah, I'm
happy for you, man.
263
00:13:48,828 --> 00:13:52,993
It says here you got a disorderly
conduct from back in '96.
264
00:13:53,733 --> 00:13:54,733
What was that?
265
00:13:55,068 --> 00:13:57,731
One too many brews,
and you watered a hydrant?
266
00:13:58,071 --> 00:13:59,198
What's the difference?
267
00:13:59,272 --> 00:14:02,470
The difference is you stepped
up into a whole other league now.
268
00:14:03,910 --> 00:14:05,435
And what league is that?
269
00:14:06,145 --> 00:14:09,138
Why would I want to kill somebody,
man? You're out of your skull.
270
00:14:09,215 --> 00:14:10,342
That's beside the point.
271
00:14:29,602 --> 00:14:30,865
That don't even look like me.
272
00:14:30,937 --> 00:14:32,428
I checked your sheet, Harold.
273
00:14:32,505 --> 00:14:35,737
The worst thing you ever got
caught for was turnstile jumping.
274
00:14:35,808 --> 00:14:37,367
I don't think you're
all that tough.
275
00:14:37,977 --> 00:14:40,173
Then why you wasting my time?
276
00:14:41,214 --> 00:14:42,807
Your other friend,
what's his name?
277
00:14:42,882 --> 00:14:44,180
CARTON: I got a lot of friends.
278
00:14:44,250 --> 00:14:46,014
Yeah, you got
a lot of balls, too.
279
00:14:46,085 --> 00:14:49,522
Robbery, murder, add obstruction,
and you looking at a hat trick, Matt.
280
00:14:49,589 --> 00:14:51,922
Whoa, ain't nobody rob nobody.
281
00:14:51,991 --> 00:14:53,135
Ain't nobody murdered nobody.
282
00:14:53,159 --> 00:14:55,094
So Lucy Dolan just
gave you that TV?
283
00:14:55,795 --> 00:14:58,162
That's right. She liked us.
So why'd you shoot her?
284
00:14:58,798 --> 00:15:00,596
I didn't. That's why.
285
00:15:01,868 --> 00:15:03,628
BRISCOE: I hope Ed's
doing better than I did.
286
00:15:03,736 --> 00:15:06,729
Hear no evil. The SUV
belongs to this one.
287
00:15:07,039 --> 00:15:09,599
I guess selling swag
is recession-proof.
288
00:15:09,776 --> 00:15:13,440
Well, the box seats at the track belong
to his cousin, and he owns a shoe store
289
00:15:13,513 --> 00:15:16,347
on the Upper East Side.
He's out of town for a week.
290
00:15:16,416 --> 00:15:18,976
The only thing my cousin
ever gave me was the mumps.
291
00:15:19,385 --> 00:15:20,385
(DOOR OPENING)
292
00:15:20,520 --> 00:15:21,988
Knock, knock. Andrew Maynard.
293
00:15:24,557 --> 00:15:25,557
Pleasure.
294
00:15:25,625 --> 00:15:27,753
Now if you can
just call off the dogs
295
00:15:27,827 --> 00:15:29,557
while I talk to my
client, Mr. Johnson.
296
00:15:29,629 --> 00:15:31,063
That's Mr. Carton.
297
00:15:31,130 --> 00:15:34,965
Heads, I win. As it turns out, I
represent both of these fine gentlemen.
298
00:15:40,273 --> 00:15:41,297
Ed.
299
00:15:41,774 --> 00:15:44,710
Send in the cavalry. I don't
care. I still ain't killed nobody.
300
00:15:44,911 --> 00:15:46,937
This is your lawyer, Einstein.
301
00:15:53,052 --> 00:15:54,772
You know who that is?
That's Andrew Maynard.
302
00:15:54,821 --> 00:15:57,916
BRISCOE: Defender of the
undefendable, the falsely accused.
303
00:15:57,990 --> 00:16:00,425
And the biggest narcotics
dealers in the city.
304
00:16:00,560 --> 00:16:02,620
I doubt these two
knuckleheads can pay his tab.
305
00:16:02,762 --> 00:16:04,560
At 800 bucks an hour, who can?
306
00:16:04,997 --> 00:16:07,159
I'm guessing the guy
these mopes work for.
307
00:16:07,233 --> 00:16:12,638
The name of the guy who pays the legal
fees isn't privileged. My second divorce.
308
00:16:12,705 --> 00:16:14,571
Yeah, and maybe Maynard
will give us the name
309
00:16:14,640 --> 00:16:16,302
and a guilty plea
on a silver platter.
310
00:16:16,375 --> 00:16:18,867
Well, if we hit him with a
subpoena, it's gonna take 30 days
311
00:16:18,945 --> 00:16:21,779
for some judge to
decide if we get a name.
312
00:16:22,515 --> 00:16:24,177
There are other ways.
313
00:16:28,688 --> 00:16:29,849
Hey, I look like a cop?
314
00:16:29,922 --> 00:16:32,289
You look fine. Have a
nice time at the prom.
315
00:16:32,358 --> 00:16:33,382
You got your cell phone?
316
00:16:33,459 --> 00:16:35,018
You're damn right. Don't worry.
317
00:16:35,094 --> 00:16:37,529
I'll call you if he
gets too frisky.
318
00:16:37,597 --> 00:16:39,031
Here he comes.
319
00:16:40,967 --> 00:16:44,131
All right, seriously, if Maynard
comes back, get your ass outta there.
320
00:16:51,611 --> 00:16:54,308
If you could tell me what
this is in reference to, Mr...
321
00:16:54,380 --> 00:16:56,076
I'd rather not give my name.
322
00:16:56,148 --> 00:16:59,346
Well, is there a number at
which Mr. Maynard can reach you?
323
00:16:59,418 --> 00:17:02,946
See, that's a problem. You see, phones
are a little bit awkward at the moment.
324
00:17:03,289 --> 00:17:07,124
Well, I really don't know when
Mr. Maynard is returning to the office.
325
00:17:08,461 --> 00:17:09,538
You can call him, can't you?
326
00:17:09,562 --> 00:17:13,329
And say what? A guy who won't
give me his name wants to see him?
327
00:17:15,368 --> 00:17:17,132
All right, maybe this will help.
328
00:17:17,203 --> 00:17:21,368
There's two brothers enjoying the
hospitality of a certain city agency.
329
00:17:21,440 --> 00:17:22,931
There are a lot more than two.
330
00:17:23,009 --> 00:17:25,069
Yeah, but Mr. Maynard's
representing these two.
331
00:17:25,144 --> 00:17:27,477
Matter of fact, he went
by and visited them today
332
00:17:27,547 --> 00:17:29,209
at the behest of one
of my colleagues.
333
00:17:31,684 --> 00:17:33,448
Please, have a seat.
334
00:17:41,327 --> 00:17:42,727
Hi, Mr. Maynard.
335
00:17:43,229 --> 00:17:45,323
No, no, they didn't call.
336
00:17:45,398 --> 00:17:48,527
There's a gentleman here
referred by Danny Otum.
337
00:17:49,302 --> 00:17:52,033
He won't give it to me.
Says you understand.
338
00:17:53,706 --> 00:17:55,538
Can you be here tomorrow
morning at 8:00 a.m.?
339
00:17:56,542 --> 00:17:58,033
Not a problem.
340
00:17:59,679 --> 00:18:01,705
Police! We have a warrant!
341
00:18:01,948 --> 00:18:04,645
Open up, Mr. Otum.
It's the police!
342
00:18:04,884 --> 00:18:06,524
Oh, the hell with it.
Use the super's key.
343
00:18:06,586 --> 00:18:08,487
NYPD. Last time we ask.
344
00:18:09,755 --> 00:18:11,621
Hey. Police business.
Get back inside.
345
00:18:11,691 --> 00:18:13,284
What's going on? Now!
346
00:18:32,745 --> 00:18:34,737
Danny's got good taste.
347
00:18:34,914 --> 00:18:37,247
Yeah. He got Lucy
Dolan's TV, too.
348
00:18:39,619 --> 00:18:41,087
Hey! What are you doing in my...
349
00:18:41,153 --> 00:18:42,177
Police! Don't move!
350
00:18:43,189 --> 00:18:44,189
(GRUNTS)
351
00:18:44,957 --> 00:18:45,957
(EXCLAIMS)
352
00:18:47,760 --> 00:18:49,456
BRISCOE: I said police!
353
00:18:51,631 --> 00:18:52,860
It's a cell phone.
354
00:18:52,932 --> 00:18:54,230
You okay, partner?
355
00:18:54,734 --> 00:18:56,430
Yeah. I'm great.
356
00:18:56,969 --> 00:18:57,969
(HANDCUFFS CLICKING)
357
00:19:01,607 --> 00:19:06,636
"Docket number 3395, People
v. Carton, Johnson, and Otum."
358
00:19:06,846 --> 00:19:08,974
Steve Hanft substituting
for defendant Johnson.
359
00:19:09,715 --> 00:19:12,082
Yoriko Fujitsa for defendant
Carton, Your Honor.
360
00:19:12,518 --> 00:19:14,384
Welcome to one and all.
361
00:19:14,453 --> 00:19:17,013
Mr. Maynard, I assume you're
here in some official capacity?
362
00:19:17,089 --> 00:19:19,081
Andrew Maynard
for Daniel Otum, sir.
363
00:19:19,158 --> 00:19:20,490
Lead on, Macduff.
364
00:19:20,559 --> 00:19:23,067
"Charges are, one
count each, Murder in the
365
00:19:23,091 --> 00:19:25,623
First Degree, Robbery
in the First Degree."
366
00:19:25,998 --> 00:19:27,227
Pleas, gentlemen.
367
00:19:27,299 --> 00:19:28,299
Not guilty.
368
00:19:28,601 --> 00:19:29,625
Not guilty.
369
00:19:29,702 --> 00:19:31,295
Not guilty, Your Honor.
370
00:19:31,570 --> 00:19:34,938
Who says consistency is
the hobgoblin of little minds?
371
00:19:35,274 --> 00:19:36,274
People on bail?
372
00:19:36,342 --> 00:19:38,004
The defendants are
seen on a videotape
373
00:19:38,077 --> 00:19:41,673
outside of the victim's building holding
her property at the time of her murder.
374
00:19:41,747 --> 00:19:43,807
Judge, the tape
is fuzzy at best.
375
00:19:43,883 --> 00:19:48,321
Fuzzy or not, the deceased's property was
recovered from defendant Otum's apartment.
376
00:19:49,055 --> 00:19:50,250
Nice try, Counselor.
377
00:19:50,556 --> 00:19:52,684
Judge, if I may?
No, you may not.
378
00:19:52,758 --> 00:19:55,125
Mr. Maynard, your
client has multiple priors.
379
00:19:55,194 --> 00:19:57,163
He's not going anywhere.
380
00:19:57,697 --> 00:19:59,928
Uh, remand all three
defendants. Next?
381
00:20:01,100 --> 00:20:03,899
COURT CLERK:
"Docket number 37926..."
382
00:20:04,136 --> 00:20:05,661
Off the record? Why not?
383
00:20:06,572 --> 00:20:09,132
We all have a good idea
what my client does for a living.
384
00:20:09,208 --> 00:20:12,144
On the record, that's why
we're not considering a deal.
385
00:20:12,378 --> 00:20:14,370
Sure, one drug
dealer kills another.
386
00:20:14,447 --> 00:20:18,350
Hold on. There's no evidence
that Lucy Dolan sold drugs.
387
00:20:18,584 --> 00:20:21,383
(CHUCKLES) Her
car. Her possessions.
388
00:20:21,454 --> 00:20:23,355
Her lack of any other
source of income.
389
00:20:24,056 --> 00:20:25,547
Well, maybe she had a boyfriend.
390
00:20:25,958 --> 00:20:31,158
Or, perhaps Danny Otum served as wholesaler
and Miss Dolan was one of his retailers.
391
00:20:31,630 --> 00:20:34,259
Is this a confession to
possession with intent?
392
00:20:34,667 --> 00:20:38,968
Theory. Lucy's marketing skills
were falling a little short of expectation.
393
00:20:39,038 --> 00:20:41,769
She owed Danny what was
quickly becoming a lot of money.
394
00:20:41,841 --> 00:20:42,968
So he killed her?
395
00:20:43,242 --> 00:20:44,266
No.
396
00:20:44,343 --> 00:20:46,972
Lucy Dolan was shot
with a .357, Mr. Maynard.
397
00:20:47,046 --> 00:20:50,073
Your client did three
years for assault with a .357.
398
00:20:50,149 --> 00:20:52,209
And you know why you
can't find a murder weapon?
399
00:20:52,284 --> 00:20:56,619
Because Danny never had
it. This was strictly business.
400
00:20:56,689 --> 00:20:59,682
And like any other transaction,
after some negotiation,
401
00:20:59,759 --> 00:21:02,627
she offered collateral
to secure her loan.
402
00:21:02,695 --> 00:21:04,254
The plasma screen TV?
403
00:21:04,330 --> 00:21:05,798
There you go. (SCOFFS)
404
00:21:07,199 --> 00:21:08,428
And the murder?
405
00:21:08,501 --> 00:21:11,869
It happened after my client and
his colleagues went their merry way.
406
00:21:11,937 --> 00:21:13,701
You should write
fiction, Mr. Maynard.
407
00:21:13,839 --> 00:21:17,537
First off, your client has
multiple violent felonies.
408
00:21:17,943 --> 00:21:22,574
Second, he should thank his lucky
stars he didn't get shot resisting arrest.
409
00:21:23,182 --> 00:21:26,516
In which case, I would be
initiating a wrongful death suit
410
00:21:26,585 --> 00:21:29,214
instead of merely a
Federal civil rights action.
411
00:21:29,288 --> 00:21:33,384
Detective Green thought
Mr. Otum was reaching for a weapon.
412
00:21:33,459 --> 00:21:35,928
He was reaching
for his cell to dial 911.
413
00:21:35,995 --> 00:21:37,235
He thought he was being robbed.
414
00:21:37,263 --> 00:21:38,424
Oh, come on.
415
00:21:38,564 --> 00:21:41,659
A jury can be a strange and
empathetic beast, Ms. Southerlyn.
416
00:21:41,901 --> 00:21:45,929
Now, taking all of the relevant facts
and putting them into perspective,
417
00:21:46,739 --> 00:21:49,351
I have the distinct feeling that we
could make this Federal case go away...
418
00:21:49,375 --> 00:21:51,310
I'm busy, Mr. Maynard.
419
00:21:56,615 --> 00:21:58,345
Damn cell phone.
420
00:21:58,417 --> 00:22:00,147
Hey, Otum is a known dealer.
421
00:22:00,319 --> 00:22:02,117
I got a history, man.
422
00:22:02,521 --> 00:22:04,615
You two, in my office.
423
00:22:14,500 --> 00:22:15,500
Shut the door.
424
00:22:21,373 --> 00:22:22,636
You're on desk.
425
00:22:23,142 --> 00:22:25,668
Hey, a week or so, tops.
It'll all be straightened out.
426
00:22:25,744 --> 00:22:29,078
Excuse me. Both of you.
You were the only witness.
427
00:22:29,148 --> 00:22:33,313
Otum names the City, the Department,
and you individually in his suit.
428
00:22:33,385 --> 00:22:34,614
He claims you profiled him.
429
00:22:34,687 --> 00:22:36,883
Right. He's a drug
dealer and a murderer.
430
00:22:36,956 --> 00:22:38,049
And he's black!
431
00:22:38,123 --> 00:22:39,614
Have you looked at me recently?
432
00:22:42,461 --> 00:22:46,899
He also claims that you never
identified yourselves as cops.
433
00:22:46,966 --> 00:22:48,457
Come on! I said, "Police."
434
00:22:48,534 --> 00:22:52,130
And the icing on the cake
is the pounding he took,
435
00:22:53,038 --> 00:22:55,200
with snapshots to prove it.
436
00:23:04,116 --> 00:23:08,019
Tell me. Did I wake up on the wrong
side of the looking glass this morning?
437
00:23:08,087 --> 00:23:09,817
A black cop under investigation
438
00:23:09,889 --> 00:23:12,654
by a white U.S. Attorney
for beating a black suspect.
439
00:23:12,958 --> 00:23:14,153
Times they are a-changin'.
440
00:23:14,226 --> 00:23:18,425
Yup. And this Detective Green
certainly adds another layer to the cake.
441
00:23:19,498 --> 00:23:20,864
True or false,
442
00:23:20,933 --> 00:23:25,598
the sole purpose of a government and
all its agents is to protect the citizenry?
443
00:23:25,838 --> 00:23:27,363
Sole purpose, no.
444
00:23:27,439 --> 00:23:29,169
Okay, the primary purpose, then.
445
00:23:29,241 --> 00:23:33,372
Once we establish that Detective Green's
actions were not racially motivated,
446
00:23:33,445 --> 00:23:37,177
then we must conclude that they
were just another desperate example
447
00:23:37,249 --> 00:23:40,276
of our government failing
in its most basic function.
448
00:23:40,352 --> 00:23:45,256
Or they were an example of a man resorting
to a primal instinct. Self-preservation.
449
00:23:45,324 --> 00:23:47,725
Detective Green thought
Otum was reaching for a gun.
450
00:23:49,328 --> 00:23:51,306
It was a hell of an argument
though, don't you think?
451
00:23:51,330 --> 00:23:54,164
Actually, Maynard is reaching
back to Trial Tricks 101.
452
00:23:54,233 --> 00:23:57,465
He's using the Federal
civil rights action as leverage
453
00:23:57,536 --> 00:23:59,903
to try to make us back
off the criminal case.
454
00:23:59,972 --> 00:24:01,383
BRANCH: Which
you're not going to do.
455
00:24:01,407 --> 00:24:03,273
Murder one? I don't think so.
456
00:24:03,575 --> 00:24:04,634
Well, as it turns out,
457
00:24:04,710 --> 00:24:08,704
I took a more advanced
version of that very same class.
458
00:24:09,782 --> 00:24:12,411
We'll see who has the
leverage when the day is done.
459
00:24:14,219 --> 00:24:19,055
The arrests of Carton, Johnson,
and Otum, repeat offenders all,
460
00:24:19,725 --> 00:24:23,127
followed an investigation by
Detectives Briscoe and Green,
461
00:24:23,495 --> 00:24:27,364
whose lieutenant, Anita Van
Buren, supervised the inquiry.
462
00:24:28,467 --> 00:24:32,666
The people of this city owe
these officers a debt of gratitude.
463
00:24:33,806 --> 00:24:35,832
It is the conclusion
of this office,
464
00:24:35,908 --> 00:24:39,310
based on the particular
circumstances of this crime,
465
00:24:39,378 --> 00:24:41,870
and the overwhelming
evidence of guilt,
466
00:24:41,947 --> 00:24:45,782
that the death penalty, although
very rarely sought in this county,
467
00:24:46,251 --> 00:24:47,251
is appropriate.
468
00:24:47,820 --> 00:24:51,882
Lucy Dolan's murder was
brutal, intentional, and pointless.
469
00:24:52,491 --> 00:24:55,017
Our hearts go out
to her loved ones.
470
00:24:55,894 --> 00:24:58,295
Now I'll take your questions.
(REPORTERS CLAMORING)
471
00:25:02,534 --> 00:25:04,969
Mr. Branch, I was
just coming to see you.
472
00:25:05,838 --> 00:25:07,067
You go on ahead.
473
00:25:07,139 --> 00:25:08,835
What can I do for
you, Lieutenant?
474
00:25:08,907 --> 00:25:10,398
I saw your news conference.
475
00:25:10,476 --> 00:25:12,240
Yes. I thought it went well.
476
00:25:12,311 --> 00:25:14,746
Well, I understand
all about PR, sir,
477
00:25:14,813 --> 00:25:18,215
but I think you may have gone
just a bit overboard on this one.
478
00:25:19,084 --> 00:25:21,883
To quote a great legal
scholar, "So what?"
479
00:25:22,454 --> 00:25:26,289
The two nice ones carry the TV
while the surly one does the shooting.
480
00:25:26,358 --> 00:25:28,327
Any way you deal
the cards, Lieutenant,
481
00:25:28,394 --> 00:25:30,556
it's your garden-variety
felony murder,
482
00:25:30,629 --> 00:25:32,359
punishable by
death in this state.
483
00:25:32,931 --> 00:25:35,162
Besides, I'd think you'd
favor this course of action.
484
00:25:35,234 --> 00:25:36,998
You know what my problem is?
485
00:25:37,069 --> 00:25:39,004
If we fry Carton and Johnson,
486
00:25:39,071 --> 00:25:42,735
the next time my officers find
themselves in a similar situation,
487
00:25:42,808 --> 00:25:45,778
the bad guys may just
shoot to kill. What the hell?
488
00:25:45,844 --> 00:25:47,710
They'd be facing the
death penalty anyway.
489
00:25:47,780 --> 00:25:48,975
You want to talk next time?
490
00:25:49,048 --> 00:25:51,643
What about the next time
three punks hit a 7-Eleven?
491
00:25:51,984 --> 00:25:54,215
Do you want the two
without the gun to get a pass,
492
00:25:54,286 --> 00:25:56,517
when their buddy blows
the cashier's face off?
493
00:25:56,588 --> 00:25:59,956
That's not the message I
wanna send for all the next times.
494
00:26:00,025 --> 00:26:02,085
And in case you
missed the obvious,
495
00:26:02,161 --> 00:26:04,630
I'm trying to save the
career of one of your officers.
496
00:26:04,696 --> 00:26:08,292
Maybe his isn't the
only career being saved.
497
00:26:08,367 --> 00:26:11,929
The Federal case could sway
the jury in your murder trial,
498
00:26:12,004 --> 00:26:14,564
and we both know a
D.A. can't get re-elected
499
00:26:14,640 --> 00:26:19,305
in this city if he can't convict three
men caught on tape leaving the scene
500
00:26:19,378 --> 00:26:21,904
with the victim's
property in their arms.
501
00:26:23,148 --> 00:26:25,549
You know,
Lieutenant, in the end,
502
00:26:25,617 --> 00:26:28,610
a man's motives are secondary
to his accomplishments.
503
00:26:29,388 --> 00:26:31,152
That same great legal scholar?
504
00:26:31,223 --> 00:26:32,851
That's right. Me.
505
00:26:37,096 --> 00:26:39,622
I take it you don't care for the
new D.A.'s tactics on this one.
506
00:26:39,698 --> 00:26:40,825
Do you?
507
00:26:40,899 --> 00:26:42,610
I think he's just flexing.
If it works, we'll be able
508
00:26:42,634 --> 00:26:45,627
to put Otum and his crew behind
bars and keep Green on the street.
509
00:26:45,704 --> 00:26:49,698
Anyway, the Commissioner, with no ifs,
ands, or buts, said no one from my precinct
510
00:26:49,775 --> 00:26:51,266
could look into Green's case.
511
00:26:51,677 --> 00:26:53,043
That's the drill, isn't it?
512
00:26:53,112 --> 00:26:56,412
See, the thing is, Briscoe said
Otum had a neighbor across the hall
513
00:26:56,482 --> 00:26:58,713
who was kind of nosey
when they first showed up.
514
00:26:59,184 --> 00:27:00,311
And no one's talked to him?
515
00:27:00,652 --> 00:27:02,951
No one got the right answers.
516
00:27:06,992 --> 00:27:08,620
SERENA: Why play
games, Mr. Franks?
517
00:27:08,694 --> 00:27:11,528
We both know you heard them
announce themselves as police officers
518
00:27:11,597 --> 00:27:12,656
when they first arrived.
519
00:27:13,065 --> 00:27:16,502
Maybe I did and maybe I
didn't. Who can say for sure?
520
00:27:17,469 --> 00:27:19,961
If you're afraid of Otum,
we'll take care of you.
521
00:27:20,572 --> 00:27:23,041
You think I don't
read the papers?
522
00:27:23,108 --> 00:27:26,237
I know what happens to people
who testify against gangsters.
523
00:27:26,311 --> 00:27:28,906
Somehow their houses burn
down, their kids disappear.
524
00:27:28,981 --> 00:27:32,509
What the papers leave out is that I
can be equally dangerous, Mr. Franks.
525
00:27:34,620 --> 00:27:35,849
I'll take my chances.
526
00:27:39,558 --> 00:27:41,049
I used to date a CPA.
527
00:27:41,126 --> 00:27:43,391
How nice for you.
Now, if you don't mind.
528
00:27:43,462 --> 00:27:46,796
Sure. Why talk now when we can finish
this discussion in front of a Grand Jury?
529
00:27:46,865 --> 00:27:50,199
Look, I know enough law to know
that you can't force me to testify.
530
00:27:50,269 --> 00:27:52,704
That's right. But I can
cite you for contempt,
531
00:27:53,539 --> 00:27:57,101
and a contempt conviction in New
York is a felony. Did you know that?
532
00:27:57,643 --> 00:27:59,236
And with a felony
on your record,
533
00:27:59,311 --> 00:28:03,407
I'm afraid you'll lose that
accounting license, this nice office...
534
00:28:09,488 --> 00:28:11,184
Mr. Franks gave one
hell of a deposition.
535
00:28:11,256 --> 00:28:14,158
Turns out he heard Briscoe
yell, "Police, don't move."
536
00:28:14,226 --> 00:28:16,058
Did the U.S. Attorney
find him credible?
537
00:28:16,128 --> 00:28:18,723
He found, and I quote, "There
were no grounds for charges against
538
00:28:18,797 --> 00:28:20,163
"the arresting officers."
539
00:28:20,232 --> 00:28:22,667
Which destroys
Maynard's leverage.
540
00:28:23,168 --> 00:28:26,014
I'll wait till morning to call him. Let
him try to sleep thinking his client
541
00:28:26,038 --> 00:28:27,404
is facing a lethal injection.
542
00:28:27,472 --> 00:28:30,067
The sun coming up
changes things? How?
543
00:28:31,577 --> 00:28:33,087
I thought we threatened
capital punishment
544
00:28:33,111 --> 00:28:34,739
just to get some
leverage of our own?
545
00:28:35,180 --> 00:28:38,378
We did. Although, thanks
to Serena, we didn't need it.
546
00:28:40,686 --> 00:28:43,520
You should know, Arthur, I don't
like being sandbagged by anyone.
547
00:28:43,589 --> 00:28:45,900
Well, that's good. For a minute
I thought I was going to get
548
00:28:45,924 --> 00:28:47,222
an earful of morality.
549
00:28:47,292 --> 00:28:50,126
Two of our defendants are
being accused of their first felony.
550
00:28:50,596 --> 00:28:52,874
For all we know, they didn't
even realize Otum had a weapon.
551
00:28:52,898 --> 00:28:53,991
Your point being?
552
00:28:54,700 --> 00:28:56,532
Putting somebody to death
553
00:28:56,768 --> 00:28:58,930
for stealing a television
is reprehensible.
554
00:28:59,371 --> 00:29:02,170
Ah, vox clamantis
from the moral left.
555
00:29:02,574 --> 00:29:05,100
With all due respect, I'm
talking about constitutionality,
556
00:29:05,177 --> 00:29:06,873
or rather, the lack of it.
557
00:29:06,945 --> 00:29:11,041
A death sentence for Carton or Johnson
would be cruel and unusual punishment.
558
00:29:11,116 --> 00:29:16,077
We threaten the death penalty every day to
get one defendant to roll over on another.
559
00:29:16,154 --> 00:29:19,488
Now, those threats become
meaningless if we never actually use it.
560
00:29:19,558 --> 00:29:21,151
Maybe the Governor
of Illinois was right
561
00:29:21,226 --> 00:29:23,422
imposing a moratorium
on capital punishment.
562
00:29:23,895 --> 00:29:25,227
People do make mistakes.
563
00:29:25,297 --> 00:29:28,756
Only it seems to me we've got enough
evidence for two cases on this one.
564
00:29:29,167 --> 00:29:31,295
The only thing we don't
have is a busload of nuns
565
00:29:31,370 --> 00:29:33,669
as eyewitnesses. I
mean, am I wrong?
566
00:29:34,039 --> 00:29:36,065
Do we know these punks
are guilty or don't we?
567
00:29:36,141 --> 00:29:39,543
They're guilty, but, Arthur, are
you sure this is the best case for you
568
00:29:39,611 --> 00:29:40,611
to prove a point?
569
00:29:41,813 --> 00:29:43,611
You don't like to be sandbagged.
570
00:29:43,682 --> 00:29:45,708
I don't like the race
card thrown in my face.
571
00:29:45,784 --> 00:29:46,784
Hey.
572
00:29:46,852 --> 00:29:50,914
Well, you've got to admit, you're not the
typical New York City District Attorney.
573
00:29:51,523 --> 00:29:54,220
Twenty years here and
still the carpetbagger.
574
00:29:54,293 --> 00:29:59,163
My point is this decision may not sit that
well with a large portion of the state.
575
00:29:59,231 --> 00:30:02,133
You worry about the law.
I'll worry about the politics.
576
00:30:03,535 --> 00:30:05,003
Is there anything else?
577
00:30:14,112 --> 00:30:16,707
It's political suicide,
but it is his choice.
578
00:30:16,782 --> 00:30:19,513
So we just go on our trigger-happy
way until the next election?
579
00:30:20,285 --> 00:30:22,777
The man is a District
Attorney, not Attila The Hun.
580
00:30:23,288 --> 00:30:25,484
Every case will be
judged on its own merits.
581
00:30:25,557 --> 00:30:26,616
And this case?
582
00:30:26,692 --> 00:30:30,129
How often do we have the
defendants on video, Serena?
583
00:30:30,929 --> 00:30:33,626
Or find a crime scene
covered in fingerprints?
584
00:30:33,699 --> 00:30:35,930
Or the stolen goods in
the defendant's apartment?
585
00:30:36,001 --> 00:30:39,096
How often is someone
killed for a television set?
586
00:30:41,506 --> 00:30:44,169
To me, that pretty
much defines "heinous."
587
00:30:45,510 --> 00:30:48,639
And if Maynard was right and
Lucy Dolan was really a drug dealer?
588
00:30:48,714 --> 00:30:52,651
Maynard can't put any of her
hypothetical clients on the stand,
589
00:30:52,718 --> 00:30:55,347
and there's no way he lets
any of his defendants testify.
590
00:30:55,420 --> 00:30:58,254
All in all, I don't think we
have to worry about that.
591
00:31:01,526 --> 00:31:05,554
Miss Dolan's apartment was dusted
for fingerprints by the Crime Scene Unit.
592
00:31:05,797 --> 00:31:07,163
JACK: The result?
593
00:31:07,265 --> 00:31:09,200
Mr. Carton and
Mr. Johnson's prints were found
594
00:31:09,267 --> 00:31:10,735
on the coffee table, here.
595
00:31:11,169 --> 00:31:14,765
Mr. Otum's palm print on a surface
behind the entertainment center.
596
00:31:15,140 --> 00:31:18,269
Could you demonstrate how a palm
print could come to be in that location?
597
00:31:18,610 --> 00:31:22,012
Uh, well, if you were
removing a unit, uh, say, here.
598
00:31:22,314 --> 00:31:25,443
JACK: That would be the plasma
TV already marked as People's Three?
599
00:31:25,517 --> 00:31:28,282
That's correct, yeah. Uh,
anyway, from the center,
600
00:31:28,353 --> 00:31:32,449
you have to lean here to
detach the cables, and so on.
601
00:31:33,091 --> 00:31:34,616
Yes. Thank you.
602
00:31:37,829 --> 00:31:42,096
All of this to prove that the defendants
were actually in Miss Dolan's apartment?
603
00:31:42,834 --> 00:31:44,545
Hell, we would have
stipulated to that fact.
604
00:31:44,569 --> 00:31:48,904
Mr. Beck, does any of this prove
that the television set was stolen?
605
00:31:49,174 --> 00:31:51,666
It was taken off the wall.
That wasn't my question.
606
00:31:55,013 --> 00:31:56,013
No.
607
00:31:56,782 --> 00:31:58,182
MAYNARD: That's all.
608
00:31:59,451 --> 00:32:00,680
JUDGE: Anything else?
609
00:32:00,819 --> 00:32:02,117
Nothing, Judge.
610
00:32:02,187 --> 00:32:04,816
Nothing on behalf of
Mr. Carton, Your Honor.
611
00:32:06,758 --> 00:32:08,852
My daughter never
gave me a moment's grief
612
00:32:08,927 --> 00:32:10,919
and she never harmed
anyone in her life.
613
00:32:10,996 --> 00:32:13,727
She was a kind, decent person.
614
00:32:14,933 --> 00:32:16,925
She didn't deserve
to die like that.
615
00:32:17,702 --> 00:32:18,702
JACK: Nobody does.
616
00:32:18,970 --> 00:32:21,030
Objection. JUDGE: Sustained.
617
00:32:21,306 --> 00:32:23,707
This is a courtroom,
Mr. McCoy, not an op-ed column.
618
00:32:25,811 --> 00:32:29,043
Mrs. Dolan, how often
did you speak with Lucy?
619
00:32:29,481 --> 00:32:31,211
Oh, several times a week.
620
00:32:31,283 --> 00:32:34,117
Did she ever mention a
friend named Danny Otum?
621
00:32:34,186 --> 00:32:35,620
No. Matt Carton?
622
00:32:35,687 --> 00:32:36,985
No. Harry Johnson?
623
00:32:37,055 --> 00:32:38,819
No. So, as far as you know,
624
00:32:38,890 --> 00:32:41,189
these men I just mentioned
had no legitimate reason
625
00:32:41,259 --> 00:32:43,160
to be in her apartment?
626
00:32:43,328 --> 00:32:44,660
None that I know of.
627
00:32:44,729 --> 00:32:45,729
Thank you.
628
00:32:49,167 --> 00:32:50,726
Your daughter was hardworking?
629
00:32:50,802 --> 00:32:53,567
She tried, sir. Very hard, yes.
630
00:32:54,172 --> 00:32:56,403
But honestly, ma'am,
she wasn't successful,
631
00:32:56,475 --> 00:32:58,808
as an actress, or
singer, or comedian?
632
00:32:58,877 --> 00:33:00,038
It takes time.
633
00:33:00,111 --> 00:33:01,511
Yes, it does.
634
00:33:01,580 --> 00:33:03,224
Did you know that at the
time of your daughter's death,
635
00:33:03,248 --> 00:33:05,615
Lucy owned approximately
$50,000 worth
636
00:33:05,684 --> 00:33:06,982
of stereo equipment?
637
00:33:07,052 --> 00:33:08,645
Yes. The police told me.
638
00:33:08,720 --> 00:33:10,586
And did they tell you
that she also owned
639
00:33:10,655 --> 00:33:14,717
a late-model BMW worth in
the neighborhood of $60,000?
640
00:33:14,793 --> 00:33:18,389
Do you know what it's like
to inherit from your daughter?
641
00:33:18,463 --> 00:33:21,194
I truly have sympathy
for you, Mrs. Dolan.
642
00:33:21,266 --> 00:33:23,098
But could you please
answer my question?
643
00:33:24,035 --> 00:33:27,301
Yes. The police told
me about the car.
644
00:33:27,906 --> 00:33:29,717
MAYNARD: In her tax returns
filed for the last three years,
645
00:33:29,741 --> 00:33:31,073
she shows no significant income.
646
00:33:31,142 --> 00:33:33,873
She had no credit
card, no bank account.
647
00:33:33,945 --> 00:33:36,176
Do you have any idea how
she bought those items?
648
00:33:36,414 --> 00:33:39,907
No. People loved her.
649
00:33:41,620 --> 00:33:42,620
Maybe someone...
650
00:33:42,687 --> 00:33:44,485
Or maybe she was selling drugs.
651
00:33:44,689 --> 00:33:46,157
Objection. No foundation.
652
00:33:46,658 --> 00:33:47,658
Withdrawn.
653
00:33:47,726 --> 00:33:48,726
JACK: Your Honor.
654
00:33:48,793 --> 00:33:50,284
Jury will disregard.
655
00:33:51,530 --> 00:33:53,556
MAYNARD: Thank you
for your honesty, Mrs. Dolan.
656
00:33:53,632 --> 00:33:55,658
I appreciate how
difficult this has been.
657
00:33:56,868 --> 00:33:57,927
JUDGE: Counselors?
658
00:33:58,537 --> 00:33:59,903
No questions for this witness.
659
00:33:59,971 --> 00:34:01,997
Uh, not me, Your Honor.
660
00:34:03,942 --> 00:34:06,776
Specifically, my field
is forensic accounting.
661
00:34:06,878 --> 00:34:09,973
I determine the worth of businesses,
usually for purposes of litigation
662
00:34:10,048 --> 00:34:11,710
or matrimonial matters.
663
00:34:11,783 --> 00:34:14,045
At my request,
Mr. Vavoulis, did you evaluate
664
00:34:14,069 --> 00:34:15,948
the worth of Lucy
Dolan's enterprise?
665
00:34:16,221 --> 00:34:18,019
Again, no foundation.
666
00:34:18,089 --> 00:34:19,819
Actually, I can help with that.
667
00:34:20,058 --> 00:34:21,856
Let's hear what you've got.
668
00:34:21,927 --> 00:34:25,022
This chart helps establish
what we call a PBA,
669
00:34:25,330 --> 00:34:27,299
a "Pattern of
Business Activity."
670
00:34:27,365 --> 00:34:30,631
The enormous volume of phone
calls over the past five months
671
00:34:30,702 --> 00:34:32,728
is a clear indication
of business activity.
672
00:34:33,004 --> 00:34:35,906
And the underlying data was derived
from Lucy Dolan's home phone?
673
00:34:35,974 --> 00:34:38,637
No. It's a cellular phone.
But the same principles apply.
674
00:34:38,877 --> 00:34:39,936
Go on.
675
00:34:40,011 --> 00:34:43,504
When this phone activity is viewed
in light of Miss Dolan's net worth,
676
00:34:43,582 --> 00:34:46,108
as determined by
her tangible assets,
677
00:34:46,184 --> 00:34:49,211
such as automobiles, home
furnishings, personal property...
678
00:34:49,287 --> 00:34:52,052
I see not just a going
concern, but a thriving one.
679
00:34:52,123 --> 00:34:55,560
And could you determine what kind of
business Miss Dolan was involved in?
680
00:34:55,627 --> 00:34:59,257
No. But if I had to guess, based
on the voluminous cell phone use
681
00:34:59,331 --> 00:35:01,232
and the hours of
the incoming calls,
682
00:35:01,299 --> 00:35:03,734
I'd say it was something,
perhaps, not legal.
683
00:35:03,969 --> 00:35:05,232
MAYNARD: Drugs? Perhaps.
684
00:35:05,604 --> 00:35:08,904
And have you ever analyzed a
narcotics business before, Mr. Vavoulis?
685
00:35:08,974 --> 00:35:12,809
Yes. I've been hired by the FBI on several
occasions. And this fits the profile.
686
00:35:16,982 --> 00:35:21,147
Could this pattern also apply
to some other home business,
687
00:35:21,219 --> 00:35:23,347
such as, say,
selling Tupperware?
688
00:35:25,590 --> 00:35:26,590
Yes.
689
00:35:27,258 --> 00:35:28,258
JACK: Thank you.
690
00:35:33,231 --> 00:35:34,460
Come on. I'll buy you a drink.
691
00:35:34,933 --> 00:35:37,095
Sure, why not start
the celebration early?
692
00:35:38,136 --> 00:35:40,731
Why not relax after
a long day in court?
693
00:35:44,709 --> 00:35:45,802
Fine.
694
00:35:47,112 --> 00:35:49,445
You know, every Christmas,
my father used to drag us
695
00:35:49,514 --> 00:35:51,574
to St. Bartholomew's
for midnight mass.
696
00:35:52,283 --> 00:35:54,013
It was literally
filled to the brim.
697
00:35:54,085 --> 00:35:55,917
There's a lot of guilt
that time of year.
698
00:35:56,287 --> 00:35:58,483
But the thing that
I remember most
699
00:35:58,556 --> 00:36:00,752
was the walk home
after the service.
700
00:36:01,626 --> 00:36:04,118
Rain or snow, it didn't
matter, we still walked,
701
00:36:04,996 --> 00:36:07,522
and all the way home, the only
thing I could think about was,
702
00:36:07,599 --> 00:36:11,969
"What's wrong with me? Why aren't I like
all of those people who actually believe
703
00:36:12,037 --> 00:36:13,903
"the words that
they're singing?"
704
00:36:13,972 --> 00:36:16,703
Maybe it was the eggnog
your uncle Harry slipped you.
705
00:36:16,775 --> 00:36:18,641
I'm being serious, Jack.
706
00:36:19,944 --> 00:36:22,709
My point is, right now I'm
more convinced than ever
707
00:36:23,448 --> 00:36:25,178
that this job would
be a lot easier
708
00:36:25,250 --> 00:36:27,617
if I was one of those
people from St. Bart's.
709
00:36:29,387 --> 00:36:32,380
At least then, making a
decision about taking a man's life
710
00:36:32,457 --> 00:36:34,585
wouldn't be so excruciating.
711
00:36:36,127 --> 00:36:39,996
Because there'd be a rule that
the death penalty is always wrong.
712
00:36:41,332 --> 00:36:42,891
A lot of people believe that.
713
00:36:43,201 --> 00:36:45,670
Leaving only us heathens
to struggle through
714
00:36:45,737 --> 00:36:48,605
the muck and mire of a
world that's doused in gray.
715
00:36:50,942 --> 00:36:52,706
What if we're wrong?
716
00:36:53,511 --> 00:36:56,811
Do Matt Carton and Harry Johnson
deserve to die just because we can squeeze
717
00:36:56,881 --> 00:36:59,180
what they did into some statute?
718
00:36:59,250 --> 00:37:00,775
Yeah, mistakes.
719
00:37:02,187 --> 00:37:03,553
I try not to make them.
720
00:37:05,356 --> 00:37:06,756
But like they say at St. Bart's,
721
00:37:06,825 --> 00:37:09,920
we're all sinners, so
we all make mistakes.
722
00:37:11,362 --> 00:37:14,491
That's why they have a
judge and a defense attorney.
723
00:37:17,902 --> 00:37:19,200
It ain't pretty,
724
00:37:21,005 --> 00:37:22,769
but I can live with it.
725
00:37:24,843 --> 00:37:26,038
It's a copout.
726
00:37:34,753 --> 00:37:38,918
Three black men caught on tape
loading a plasma screen TV into an SUV.
727
00:37:40,225 --> 00:37:42,023
They must be killers.
728
00:37:42,093 --> 00:37:43,789
Three black men in
the victim's apartment.
729
00:37:43,862 --> 00:37:45,854
They must have
been there to kill her.
730
00:37:46,364 --> 00:37:47,855
That's the People's case.
731
00:37:48,133 --> 00:37:49,499
They don't have a murder weapon.
732
00:37:50,068 --> 00:37:52,128
They say they have
a motive. But do they?
733
00:37:52,237 --> 00:37:56,368
A room full of expensive equipment, and
all that was taken was a television set.
734
00:37:57,408 --> 00:37:59,741
The People's case is laughable.
735
00:37:59,811 --> 00:38:02,110
They want you to ignore the
fact that Lucy Dolan herself
736
00:38:02,180 --> 00:38:03,910
may have been dealing drugs.
737
00:38:04,249 --> 00:38:07,549
They want you to forget the
fact that no motive and no weapon
738
00:38:07,619 --> 00:38:09,781
should always leave
us with no conviction.
739
00:38:19,664 --> 00:38:24,796
The defense admits the defendants
were at the scene of the crime.
740
00:38:24,869 --> 00:38:29,398
They had to. They had their
fingerprints all over Lucy Dolan's walls.
741
00:38:30,341 --> 00:38:35,006
The defense admits that the
defendants carried Miss Dolan's television
742
00:38:35,079 --> 00:38:36,377
from her apartment
743
00:38:36,447 --> 00:38:38,882
at or near the
time of her murder.
744
00:38:39,617 --> 00:38:42,678
They had to. We
had them on video.
745
00:38:44,155 --> 00:38:47,182
They can slander the
victim as much as they like,
746
00:38:47,258 --> 00:38:49,955
with charts and graphs
and assumptions,
747
00:38:52,030 --> 00:38:53,555
but where I come from,
748
00:38:53,898 --> 00:38:56,026
one plus one does
not equal three.
749
00:39:08,580 --> 00:39:10,640
Thank you for coming.
Why wouldn't we?
750
00:39:11,249 --> 00:39:13,227
The fact that you asked
us here leads me to believe
751
00:39:13,251 --> 00:39:14,913
you're not all that confident.
752
00:39:14,986 --> 00:39:17,217
Quite the opposite, Mr. Hanft.
753
00:39:17,288 --> 00:39:18,586
We're very confident.
754
00:39:18,957 --> 00:39:21,222
We're trying to keep
your clients alive.
755
00:39:21,526 --> 00:39:23,722
JACK: The fact is, Danny
Otum's ship is sinking.
756
00:39:23,895 --> 00:39:26,364
Considering the time
and the place in history,
757
00:39:26,431 --> 00:39:29,629
if your clients stay on board,
they're looking at a lethal injection.
758
00:39:33,905 --> 00:39:35,931
It's not worth rolling the dice.
759
00:39:37,041 --> 00:39:39,704
We're just following
our client's directions.
760
00:39:39,878 --> 00:39:41,642
And what law
schools did they go to?
761
00:39:41,713 --> 00:39:44,547
The ones that tell them innocent
people don't get convicted.
762
00:39:45,083 --> 00:39:46,984
You actually believe them?
763
00:39:47,051 --> 00:39:49,646
No. But it's not my
decision to make.
764
00:39:50,221 --> 00:39:53,623
That's right. Mr. Maynard
is running the show.
765
00:39:54,759 --> 00:39:56,125
We're done.
766
00:40:09,741 --> 00:40:12,040
Has the jury reached a verdict?
767
00:40:12,110 --> 00:40:13,390
FOREPERSON: We have, Your Honor.
768
00:40:14,245 --> 00:40:16,373
As to defendant Harry Johnson,
769
00:40:16,447 --> 00:40:18,814
we find him guilty of
murder in the first degree.
770
00:40:19,584 --> 00:40:24,147
As to defendant Matthew Carton,
guilty of murder in the first degree.
771
00:40:25,123 --> 00:40:29,618
As to defendant Daniel Otum,
guilty of murder in the first degree.
772
00:40:30,495 --> 00:40:32,862
JUDGE: So say
you all? Yes, Judge.
773
00:40:33,531 --> 00:40:35,864
JUDGE: The jury is
temporarily excused.
774
00:40:36,334 --> 00:40:39,771
The sentencing phase of the proceedings
to commence a week from today.
775
00:40:40,471 --> 00:40:41,471
(GAVEL BANGS)
776
00:40:41,873 --> 00:40:43,398
MRS. CARTON: Matthew!
777
00:40:51,516 --> 00:40:52,916
(MRS. CARTON SOBBING)
778
00:40:54,752 --> 00:40:55,752
Congratulations.
779
00:41:03,394 --> 00:41:04,394
Matthew.
780
00:41:20,712 --> 00:41:22,690
You're the one who said that
this case was a slam dunk.
781
00:41:22,714 --> 00:41:24,546
Why are you working
overtime on sentencing?
782
00:41:25,116 --> 00:41:28,712
What did that forensic accountant say
about Dolan's incoming phone activity?
783
00:41:28,820 --> 00:41:30,755
That it was an
enormous volume. Why?
784
00:41:31,222 --> 00:41:33,885
Common sense says it should
have stayed roughly the same
785
00:41:33,958 --> 00:41:38,123
at first, tapering off as word got out
that Lucy was no longer in business.
786
00:41:38,196 --> 00:41:40,893
Look at this here in
her phone records.
787
00:41:42,233 --> 00:41:43,531
Whoever this is
788
00:41:44,602 --> 00:41:46,798
called once every
couple of days for months.
789
00:41:49,707 --> 00:41:51,676
But he never once called
after she was murdered.
790
00:41:54,345 --> 00:41:55,608
He knew she was dead.
791
00:41:57,982 --> 00:41:59,507
Call Van Buren.
792
00:42:05,490 --> 00:42:07,391
BORGES: It's open, Frankie.
793
00:42:15,266 --> 00:42:16,266
Ernest Borges?
794
00:42:17,869 --> 00:42:19,098
I don't like surprises.
795
00:42:19,170 --> 00:42:20,729
Well, you're gonna
hate this one.
796
00:42:20,838 --> 00:42:21,965
Get up.
797
00:42:24,742 --> 00:42:25,766
Ernest Borges,
798
00:42:25,843 --> 00:42:29,575
you're under arrest for, among
other things, the murder of Lucy Dolan.
799
00:42:29,647 --> 00:42:31,047
You have the right
to remain silent.
800
00:42:31,115 --> 00:42:33,795
Anything you say can and will be
held against you in a court of law.
801
00:42:34,152 --> 00:42:36,451
Ballistics came back on the
gun from Borges' apartment.
802
00:42:36,521 --> 00:42:37,521
It's the murder weapon.
803
00:42:37,588 --> 00:42:39,853
His lawyer's already
itching for a sit-down.
804
00:42:39,924 --> 00:42:44,089
And we can't find a connection between
Borges and Otum, Carton, or Johnson.
805
00:42:44,328 --> 00:42:46,957
You've filed the appropriate
papers for their release?
806
00:42:47,031 --> 00:42:49,852
In the works. Maynard
was so busy slandering
807
00:42:49,876 --> 00:42:52,527
Lucy Dolan, he forgot
to do his homework.
808
00:42:53,237 --> 00:42:57,538
Truth is, I always thought either
Carton or Johnson would roll on Otum.
809
00:42:58,509 --> 00:43:01,673
Are you saying that all of this
was part of Trial Tricks 102?
810
00:43:02,914 --> 00:43:04,815
That, or a big, juicy mea culpa.
811
00:43:06,684 --> 00:43:09,654
All three of them should put
Serena on their Christmas card lists.
812
00:43:10,288 --> 00:43:13,486
I just wish that there was a way to
prevent all of this from happening again.
813
00:43:14,425 --> 00:43:16,826
There is. Move to Illinois.
814
00:43:18,896 --> 00:43:21,127
I think he's pulling
your leg, Serena.
815
00:43:21,265 --> 00:43:23,530
You know, this whole
affair makes you think twice.
816
00:43:24,702 --> 00:43:25,726
About the death penalty?
817
00:43:29,373 --> 00:43:31,103
About where to buy you a steak.
818
00:43:36,714 --> 00:43:38,615
Come on. We'll split a cab.
819
00:43:39,984 --> 00:43:41,714
No, I'll walk.
63051
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