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These are the user uploaded subtitles that are being translated: 1 00:00:01,334 --> 00:00:04,235 Narrator: In the criminal justice system, the people are represented 2 00:00:04,270 --> 00:00:06,761 by two separate, yet equally important groups... 3 00:00:06,806 --> 00:00:08,671 the police who investigate crime, 4 00:00:08,708 --> 00:00:11,336 and the district attorneys who prosecute the offenders. 5 00:00:11,378 --> 00:00:13,346 These are their stories. 6 00:00:14,848 --> 00:00:17,408 - (car horns honking) - (car alarm blares) 7 00:00:18,618 --> 00:00:20,711 Man: It doesn't bother you at all, does it? 8 00:00:20,754 --> 00:00:23,848 To you, it's like talking about a new pair of shoes. 9 00:00:23,890 --> 00:00:25,551 For God's sake, she's family. 10 00:00:25,592 --> 00:00:27,958 Do you think I would discuss this with my sister? 11 00:00:27,994 --> 00:00:31,452 - Sally's a therapist. - The problem is not with the big head, Jesse. 12 00:00:31,498 --> 00:00:33,432 You're being childish. 13 00:00:33,466 --> 00:00:35,434 You folks hear Howard this morning? 14 00:00:35,468 --> 00:00:38,266 He was really goin' off on some poor broad. 15 00:00:38,304 --> 00:00:40,135 You mind? 16 00:00:43,276 --> 00:00:44,971 Driver: Look out! 17 00:00:47,113 --> 00:00:49,104 Man: What the hell are you doing? 18 00:00:58,892 --> 00:01:00,860 (police radio chatter) 19 00:01:00,894 --> 00:01:02,794 Cop: All right, keep back, folks. 20 00:01:02,829 --> 00:01:04,592 Mikey. 21 00:01:04,631 --> 00:01:08,123 Yeah. No see and no hear. 22 00:01:08,168 --> 00:01:10,636 Eight million people and you die alone. 23 00:01:12,105 --> 00:01:14,835 - What's the morning headline? - Man: Man kisses 10th Avenue. 24 00:01:14,874 --> 00:01:16,341 Kiss of death. 25 00:01:16,376 --> 00:01:18,503 But his face wasn't crushed from a knife wound. 26 00:01:18,545 --> 00:01:20,638 He must have come from that bridge. 27 00:01:23,917 --> 00:01:26,579 Let's see what we got. 28 00:01:28,555 --> 00:01:30,455 And the winner is... 29 00:01:30,490 --> 00:01:32,287 James Vogel. 30 00:01:32,325 --> 00:01:34,088 Whoa. 31 00:01:34,127 --> 00:01:36,322 Make that Councilman Vogel. 32 00:01:37,831 --> 00:01:40,698 16th District. He's a long way from home. 33 00:01:40,733 --> 00:01:44,692 20, 40, 60, 80... 34 00:01:44,737 --> 00:01:47,399 83 bucks and a full deck of plastic. 35 00:01:47,440 --> 00:01:50,204 - Too busy to rob him. - Disgruntled voter? 36 00:01:50,243 --> 00:01:53,644 Or a contributor who wasn't getting his money's worth. 37 00:01:53,680 --> 00:01:56,410 It's a hell of a way to leave office. 38 00:02:01,621 --> 00:02:04,556 (theme music plays) 39 00:03:23,369 --> 00:03:25,064 Vogel attended a benefit 40 00:03:25,104 --> 00:03:27,732 for the New York Women's Foundation at the Democratic Club. 41 00:03:27,774 --> 00:03:31,232 The doorman remembers him leaving, by himself, a little after 10:30. 42 00:03:31,277 --> 00:03:33,643 Five minutes later, a half-gainer off the high dive. 43 00:03:33,680 --> 00:03:36,843 Now if anybody saw this hit, they didn't stay around to tell us about it. 44 00:03:36,883 --> 00:03:39,147 Word's out... maybe some witness will show up. 45 00:03:39,185 --> 00:03:42,245 Right, and maybe I'll grow wings and learn to fly. 46 00:03:42,288 --> 00:03:44,779 I sat on a panel last year with Vogel. 47 00:03:44,824 --> 00:03:47,190 Safe schools, juvenile violence, that kind of thing. 48 00:03:47,227 --> 00:03:49,058 A lot of grandstanding, but not Vogel. 49 00:03:49,095 --> 00:03:51,461 I'm telling you, this guy is one of the good ones. 50 00:03:51,497 --> 00:03:53,624 Sometimes the good guys step on the wrong toes. 51 00:03:53,666 --> 00:03:55,759 The family's been in politics a long time. 52 00:03:55,802 --> 00:03:58,032 There's bound to be some sore losers. 53 00:03:58,071 --> 00:04:00,301 Well, I want this one in the win column. 54 00:04:00,340 --> 00:04:03,639 In addition to the impact wounds from the fall and the car, 55 00:04:03,676 --> 00:04:07,203 the victim had a number of blunt-force wounds across the front of his body. 56 00:04:07,247 --> 00:04:09,374 Started out just wanting to hurt him. 57 00:04:09,415 --> 00:04:12,748 In for a dime or a dollar, it doesn't make much difference now. 58 00:04:12,785 --> 00:04:16,050 We have a dorsal wound beginning in the upper right quadrant. 59 00:04:16,089 --> 00:04:17,579 One upward thrust. 60 00:04:17,624 --> 00:04:20,525 The blade entered the abdominal cavity just under the ribcage, 61 00:04:20,560 --> 00:04:23,461 proceeded up through the kidney and transected the renal vein. 62 00:04:23,496 --> 00:04:25,555 Logan: Two heartbeats and he's gone. 63 00:04:25,598 --> 00:04:30,001 - Rodgers: The bleeding's all internal... no pain, no stain. - Cerreta: Mark of a craftsman. 64 00:04:32,071 --> 00:04:35,802 Jim pushed for literacy programs, rights for elderly tenants... 65 00:04:35,842 --> 00:04:38,072 hardly anything you would call controversial. 66 00:04:38,111 --> 00:04:41,171 I know a couple of landlords who might beg to differ. 67 00:04:41,214 --> 00:04:44,047 He built bridges, not walls. 68 00:04:44,083 --> 00:04:46,608 I ran his constituent office for eight years. 69 00:04:46,653 --> 00:04:49,520 I do not know a single enemy that he didn't win over. 70 00:04:49,555 --> 00:04:52,888 What about allies? Did he owe any favors? 71 00:04:52,925 --> 00:04:56,190 He didn't practice that way. He said, "Favors will get you in trouble." 72 00:04:56,229 --> 00:04:58,857 - Cerreta: Was he ambitious? - In right amounts, yes. 73 00:04:58,898 --> 00:05:01,025 But nobody owned him. 74 00:05:01,067 --> 00:05:03,058 Maybe they had a short-term lease. 75 00:05:05,204 --> 00:05:08,173 Here are two deposits to his money market account. 76 00:05:08,207 --> 00:05:11,176 One was eight months ago, this one three months ago. 77 00:05:11,210 --> 00:05:13,371 It's a total of 50 grand. 78 00:05:13,413 --> 00:05:15,347 Did he win the lotto? 79 00:05:15,381 --> 00:05:17,611 I wouldn't know where that came from. 80 00:05:20,920 --> 00:05:23,514 Well, we've got the bank number. 81 00:05:23,556 --> 00:05:25,922 If they're checks, we'll go to the issuing account. 82 00:05:25,958 --> 00:05:29,325 My hunch? Wherever it's from, lotto would have been better. 83 00:05:30,830 --> 00:05:33,321 I lent him the money. 84 00:05:33,366 --> 00:05:36,130 A father is an easy touch. 85 00:05:36,169 --> 00:05:38,865 In my family, we don't write blank checks. 86 00:05:39,972 --> 00:05:42,304 He asked and I gave. 87 00:05:42,342 --> 00:05:45,436 If he'd wanted me to know what it was for, he would have told me. 88 00:05:45,478 --> 00:05:50,177 - Maybe he told your wife. - Judith passed away six years ago. 89 00:05:50,216 --> 00:05:53,913 Was there anyone else he might have confided in, maybe a girlfriend? 90 00:05:53,953 --> 00:05:57,480 James kept his own counsel. 91 00:05:57,523 --> 00:06:01,857 I don't see what this money has to do with his death. 92 00:06:01,894 --> 00:06:04,954 Some piece of filth held him up. 93 00:06:04,997 --> 00:06:07,090 No, we don't think robbery was a motive. 94 00:06:08,935 --> 00:06:11,199 You're looking for a motive? 95 00:06:11,237 --> 00:06:14,104 How about just for the hell of it? 96 00:06:14,140 --> 00:06:16,506 That's a popular one these days. 97 00:06:16,542 --> 00:06:20,672 Someone just doesn't like the look on his face. 98 00:06:22,248 --> 00:06:26,241 My family worked damn hard to improve the quality of life in this city. 99 00:06:26,285 --> 00:06:30,016 And this... this is how they pay us back. 100 00:06:31,357 --> 00:06:34,190 Vogel wasn't exactly a tightwad. 101 00:06:34,227 --> 00:06:37,458 Tapped into his stash every other Friday. 102 00:06:39,766 --> 00:06:42,792 5,000 a month in cash. 103 00:06:43,836 --> 00:06:46,566 Except for the last couple of weeks. 104 00:06:46,606 --> 00:06:49,871 Plenty of money left, but no cash withdrawals. 105 00:06:51,544 --> 00:06:54,377 Well, whatever he was paying off, he changed his mind. 106 00:06:54,414 --> 00:06:56,974 In hock to the bank of broken legs? 107 00:06:57,016 --> 00:06:59,541 I can't see how... this guy was a monk. 108 00:06:59,585 --> 00:07:01,576 He covered the basics with his salary. 109 00:07:01,621 --> 00:07:04,385 He paid his credit cards every month like clockwork. 110 00:07:05,825 --> 00:07:07,986 Maybe he's a sports nut. 111 00:07:08,027 --> 00:07:10,791 No, bookies collect in cash, not bodies. 112 00:07:13,433 --> 00:07:15,833 "Mullen's," in SoHo. 113 00:07:17,036 --> 00:07:19,903 Charges every week. 114 00:07:21,607 --> 00:07:24,974 Didn't Vice do a number on them a year ago? 115 00:07:27,113 --> 00:07:29,775 Your colleagues in the Vice Squad had the wrong impression. 116 00:07:29,816 --> 00:07:32,307 People come here to feel safe, nothing more. 117 00:07:32,351 --> 00:07:35,787 - And Vogel was a regular? - Who is and who isn't is nobody's business. 118 00:07:35,822 --> 00:07:39,417 Unless it's a police matter, Mr. Drotos, which this is. 119 00:07:42,962 --> 00:07:45,328 He was already halfway there anyway. 120 00:07:45,364 --> 00:07:47,161 How's that? 121 00:07:47,200 --> 00:07:50,499 The past few weeks James was talking about turning his life around. 122 00:07:50,536 --> 00:07:53,699 - Taking the big step. - The big step? 123 00:07:53,739 --> 00:07:56,674 He was thinking of coming out... of the closet. 124 00:07:56,709 --> 00:07:59,701 He was wondering how well he was going to handle it. 125 00:07:59,745 --> 00:08:01,975 He was worried about his family, his career. 126 00:08:02,014 --> 00:08:04,175 He never expected it would cost him his life. 127 00:08:04,217 --> 00:08:06,685 What are you saying, that this is a gay bashing? 128 00:08:06,719 --> 00:08:09,779 In the past year, just the ones that were reported... 129 00:08:09,822 --> 00:08:11,881 30, 40 beatings? 130 00:08:11,924 --> 00:08:14,518 Staying in the closet isn't a matter of conceit. 131 00:08:14,560 --> 00:08:17,393 Sometimes it can be a matter of life and death. 132 00:08:19,098 --> 00:08:23,057 You said he had been thinking about coming out, but he hadn't actually hadn't done so. 133 00:08:23,102 --> 00:08:25,730 Someone was going to do it for him. 134 00:08:30,543 --> 00:08:32,738 Outing's a specialty. 135 00:08:32,778 --> 00:08:35,246 James got a call from them last week. 136 00:08:35,281 --> 00:08:37,374 They were preparing an article. 137 00:08:38,751 --> 00:08:40,946 I'm sorry about what happened to James Vogel. 138 00:08:40,987 --> 00:08:44,479 I'm even sorrier he didn't come out of the closet while he was still alive. 139 00:08:44,524 --> 00:08:47,425 Stick around to watch you do it for him, Mr. Barclay? 140 00:08:47,460 --> 00:08:50,327 Outing is an act of self-defense, Detective. 141 00:08:50,363 --> 00:08:53,264 We're at war. The more of us that come out, the stronger we are. 142 00:08:53,299 --> 00:08:55,767 Well, who are you at war with? 143 00:08:55,801 --> 00:08:58,326 James Vogel could have been a role model. 144 00:08:58,371 --> 00:09:00,999 Don't you think that should've been his decision? 145 00:09:01,040 --> 00:09:04,134 I didn't target the man, but when the information lands on my desk, 146 00:09:04,176 --> 00:09:05,803 I can't ignore it. 147 00:09:05,845 --> 00:09:07,938 Are you so sure the information is reliable? 148 00:09:07,980 --> 00:09:11,074 There's documentation... personal letters in Vogel's hand. 149 00:09:11,117 --> 00:09:13,108 Good, do you mind if we see those letters? 150 00:09:13,152 --> 00:09:15,177 If I were running a public library, maybe. 151 00:09:15,221 --> 00:09:19,157 The person who gave you those letters was probably trying to blackmail James Vogel. 152 00:09:19,191 --> 00:09:22,627 Much as I'd like to believe you, the answer's still no. 153 00:09:22,662 --> 00:09:24,425 I gotta protect my sources. 154 00:09:24,463 --> 00:09:27,626 We'll probably have to get a material witness warrant and pull you in. 155 00:09:27,667 --> 00:09:31,159 Which means you sit in a cell until we get a look at those letters. 156 00:09:31,203 --> 00:09:33,967 Then I'd better pack my toothbrush. 157 00:09:34,006 --> 00:09:37,271 As soon as you get your warrant, let me know. 158 00:09:43,215 --> 00:09:47,447 I met with his colleagues on occasion, that's about it. 159 00:09:48,554 --> 00:09:51,318 James moved out when he was 18. 160 00:09:51,357 --> 00:09:55,521 I haven't kept track of his friends in a long time. 161 00:09:55,561 --> 00:09:58,359 What about intimate friends... did he ever talk about them? 162 00:09:58,397 --> 00:10:01,093 There was a girl or two at Columbia. 163 00:10:03,269 --> 00:10:06,261 Mr. Vogel, the more open you are with us, 164 00:10:06,305 --> 00:10:08,068 the easier this is going to be. 165 00:10:08,107 --> 00:10:09,904 What do you mean? 166 00:10:09,942 --> 00:10:13,139 We're already aware of your son's sexual orientation, sir. 167 00:10:14,981 --> 00:10:19,213 Do you know how many years we've been subjected to rumors like that? 168 00:10:19,251 --> 00:10:22,482 Once you're in office, everyone takes shots at you. 169 00:10:23,856 --> 00:10:25,824 So you're saying your son was not gay? 170 00:10:25,858 --> 00:10:27,587 Of course he wasn't. 171 00:10:27,627 --> 00:10:30,562 Those freaks in the West Village would've liked nothing better 172 00:10:30,596 --> 00:10:33,292 than to have claimed James as one of their own. 173 00:10:33,332 --> 00:10:36,824 Mr. Vogel, I don't know how close you were with your son, 174 00:10:36,869 --> 00:10:39,099 but our information does seem reliable. 175 00:10:39,138 --> 00:10:43,040 Oh yes, I'm sure... reliable political sources. 176 00:10:43,075 --> 00:10:46,533 We also suspect that your son was being blackmailed. 177 00:10:46,579 --> 00:10:48,979 - The $50,000. - What about it? 178 00:10:49,015 --> 00:10:51,108 We find it hard to believe that you'd give him 179 00:10:51,150 --> 00:10:52,845 all that money without any questions. 180 00:10:52,885 --> 00:10:57,015 - I told you, I trusted him. - I understand that, but weren' t you concerned? 181 00:10:57,056 --> 00:11:00,583 Vogel: I assumed he had some problem he had to take care of. 182 00:11:00,626 --> 00:11:02,560 Cerreta: You didn't ask him any specifics? 183 00:11:02,595 --> 00:11:05,189 Vogel: He was 41 years old. 184 00:11:05,231 --> 00:11:07,392 I respected his privacy. 185 00:11:07,433 --> 00:11:09,833 Or maybe you just didn't want to know. 186 00:11:09,869 --> 00:11:13,703 Your son ever mention anybody named Harold? 187 00:11:16,709 --> 00:11:18,609 No. 188 00:11:19,812 --> 00:11:22,212 Addressed "James V.," signed "Harold." 189 00:11:22,248 --> 00:11:24,580 Letters dating back a year and a half. 190 00:11:24,617 --> 00:11:27,017 It's definitely not business. 191 00:11:27,053 --> 00:11:29,078 Look at the return PO box... Ossining. 192 00:11:29,121 --> 00:11:30,918 State penitentiary. 193 00:11:30,956 --> 00:11:33,424 Your son's pen-pal is a long-term resident. 194 00:11:37,663 --> 00:11:41,997 Harold Dwyer served six years in Ossining for grand larceny and assault. 195 00:11:42,068 --> 00:11:43,865 He was released two weeks ago. 196 00:11:43,936 --> 00:11:47,702 Hobbies include mail fraud, forgery, receiving of stolen goods. 197 00:11:47,773 --> 00:11:50,606 In 1983, Dwyer impersonated a police officer 198 00:11:50,676 --> 00:11:52,803 and stole two Porsches out of the impound. 199 00:11:52,878 --> 00:11:55,142 Plenty of moxie. 200 00:11:55,214 --> 00:11:57,944 Basic requirements for blackmail and murder. 201 00:11:58,017 --> 00:12:00,577 Anything in the letters he wrote to Vogel? 202 00:12:00,653 --> 00:12:02,086 Nothing he'd lose sleep over. 203 00:12:02,121 --> 00:12:05,147 Sounded like he was one of Vogel's rehab projects. 204 00:12:05,224 --> 00:12:08,318 Do you think Mr. Dwyer would think of himself as "a project"? 205 00:12:11,897 --> 00:12:15,389 Nickel and change is a long stretch. 206 00:12:15,468 --> 00:12:20,269 Checkers and Oprah only eat up so much of it. 207 00:12:20,339 --> 00:12:22,102 You look for things to do. 208 00:12:22,174 --> 00:12:25,632 - Like pen-pals? - Like pen-pals. 209 00:12:25,678 --> 00:12:27,202 How did you meet James Vogel? 210 00:12:28,547 --> 00:12:30,811 I put a personal in "The Advocate." 211 00:12:30,883 --> 00:12:34,819 He sent me a letter. We started a little correspondence. 212 00:12:34,887 --> 00:12:37,185 Mm-hmm. Casual correspondence? 213 00:12:37,256 --> 00:12:40,953 Conversation... just like two guys sitting at a bar. 214 00:12:41,026 --> 00:12:44,621 We got the idea you talked about more than just the latest scores. 215 00:12:44,697 --> 00:12:47,825 So it went a little deeper than that. 216 00:12:47,900 --> 00:12:51,859 Whose idea was it to take it in that direction, yours? 217 00:12:51,937 --> 00:12:53,871 Man gets lonely. 218 00:12:53,939 --> 00:12:56,464 You got a problem with that? 219 00:12:56,542 --> 00:12:58,669 I got a problem when a man gets greedy. 220 00:12:58,744 --> 00:13:00,439 What are you talking about? 221 00:13:00,513 --> 00:13:02,674 Vogel's money buys your silence. 222 00:13:03,983 --> 00:13:05,712 Come on... 223 00:13:05,785 --> 00:13:08,720 I didn't even know his last name. 224 00:13:08,754 --> 00:13:11,382 You knew his mailing address. You knew he was vulnerable. 225 00:13:11,423 --> 00:13:14,051 Doesn't take long for a smart guy like you to figure that out. 226 00:13:14,093 --> 00:13:16,584 So smart that I'm taking his shake-down money 227 00:13:16,662 --> 00:13:19,495 and living in a dump like this. 228 00:13:19,565 --> 00:13:21,965 Guy said he'd help me get back on my feet. 229 00:13:22,034 --> 00:13:25,902 I look stupid enough to blackmail him? 230 00:13:26,939 --> 00:13:29,601 Truth or Dare... you ever play as a kid? 231 00:13:29,675 --> 00:13:33,076 Stakes keep going up until someone opens up their big mouth and steps right in. 232 00:13:33,145 --> 00:13:35,511 The adult version starts with an ad in the personals. 233 00:13:35,581 --> 00:13:39,073 Vogel bites. Dwyer plays him till the prose turns purple. 234 00:13:39,151 --> 00:13:41,210 And the trap slams shut. 235 00:13:41,287 --> 00:13:43,517 You think Vogel's the only one who got caught? 236 00:13:43,589 --> 00:13:48,754 As I recall, prisons keep records of their prisoner's correspondence. 237 00:13:49,762 --> 00:13:52,230 Aside from his family and legal representation, 238 00:13:52,298 --> 00:13:55,961 Harold Dwyer maintained a correspondence with several other people. 239 00:13:56,035 --> 00:13:59,266 - Did you inspect his incoming mail? - Only for contraband. 240 00:14:00,439 --> 00:14:02,339 What about outgoing letters? 241 00:14:02,408 --> 00:14:05,172 - Were the contents examined? - You mean read? 242 00:14:05,244 --> 00:14:08,213 Prisoners are required to submit outgoing mail to us 243 00:14:08,280 --> 00:14:10,214 unsealed, for inspection purposes. 244 00:14:10,282 --> 00:14:12,682 We don't actually read every word they write. 245 00:14:12,751 --> 00:14:15,083 But you would keep a record of the people he wrote to? 246 00:14:15,154 --> 00:14:18,681 As a matter of routine, along with his visitors, phone calls. 247 00:14:18,757 --> 00:14:20,918 We'll take copies of everything you have. 248 00:14:20,993 --> 00:14:23,188 Harold Dwyer was a model prisoner. 249 00:14:23,262 --> 00:14:26,527 He even taught some of our high school equivalency classes. 250 00:14:26,599 --> 00:14:28,760 Didn't expect him to get into trouble so soon. 251 00:14:28,834 --> 00:14:30,859 Jeez, what a shock. 252 00:14:30,936 --> 00:14:33,234 Six correspondents... all male, 253 00:14:33,305 --> 00:14:35,136 all in the New York City area. 254 00:14:36,675 --> 00:14:39,235 I saw his personal in "The Advocate." 255 00:14:39,311 --> 00:14:41,575 I felt sorry for him. 256 00:14:41,647 --> 00:14:43,376 Every con has a sob story. 257 00:14:43,449 --> 00:14:45,747 I was curious. 258 00:14:45,818 --> 00:14:47,979 Dwyer's letters were very clever. 259 00:14:48,053 --> 00:14:49,884 Not what I expected from someone in jail. 260 00:14:49,955 --> 00:14:51,820 Cerreta: Being clever is what got him there. 261 00:14:51,891 --> 00:14:55,019 Yeah, well, I told myself at least he's not a murderer. 262 00:14:55,060 --> 00:14:56,857 So you wrote. 263 00:14:58,030 --> 00:15:01,090 And he started sending me these... raunchy letters. 264 00:15:01,166 --> 00:15:02,929 Wanted me to respond. 265 00:15:03,002 --> 00:15:05,129 I wasn't into it. I stopped writing. 266 00:15:05,204 --> 00:15:06,728 That it? 267 00:15:06,805 --> 00:15:09,365 A few weeks later, I get a call at home. 268 00:15:09,441 --> 00:15:11,932 No name, just said he was a friend of Dwyer's. 269 00:15:12,011 --> 00:15:13,876 I thought it might have been him, but... 270 00:15:13,946 --> 00:15:16,972 - Cerreta: Was the call collect? - I don't... does it matter? 271 00:15:17,049 --> 00:15:19,415 Inmates can only call collect. 272 00:15:19,485 --> 00:15:22,249 No, I'm pretty sure it wasn't. 273 00:15:22,321 --> 00:15:25,256 So what else did this person say, Mr. Lingard? 274 00:15:25,324 --> 00:15:28,919 He told me that he had the letters that I wrote to Dwyer. 275 00:15:28,994 --> 00:15:31,895 - Did he threaten you? - Not directly. 276 00:15:31,964 --> 00:15:35,058 He was slick... slick and kind of pushy. 277 00:15:35,134 --> 00:15:38,103 He wanted money... $5,000 a month. 278 00:15:38,170 --> 00:15:40,604 He said he'd have a courier come by to pick it up. 279 00:15:40,673 --> 00:15:42,265 So you agreed to pay him? 280 00:15:42,341 --> 00:15:44,571 Oh please! I told him to get lost. 281 00:15:44,643 --> 00:15:46,406 Even though he had your letters? 282 00:15:46,478 --> 00:15:48,673 Hey, I'm gay. 283 00:15:48,747 --> 00:15:52,308 If he wants to broadcast it, what do I care? 284 00:15:52,384 --> 00:15:55,353 Yeah, but this'll only take a couple minutes of your time... 285 00:15:55,421 --> 00:15:58,117 yeah... thank you. 286 00:15:58,190 --> 00:16:01,489 Uh-huh. Yes, sir, I do appreciate your situation. 287 00:16:01,560 --> 00:16:04,791 Well, if you could help me, I cou... hello? He... 288 00:16:06,532 --> 00:16:08,727 Mr. Harris makes 0-for-six. 289 00:16:08,801 --> 00:16:11,429 Three of these guys are married. 290 00:16:11,503 --> 00:16:13,300 You gotta love blackmail. 291 00:16:13,372 --> 00:16:16,830 No one points the finger at you for the same reason they're paying you off. 292 00:16:18,210 --> 00:16:21,145 Maybe we can get the blackmailers to point the finger at each other. 293 00:16:21,213 --> 00:16:24,273 We know that Dwyer had somebody on the outside helping him out. 294 00:16:24,350 --> 00:16:27,217 Yeah, would've had to talk to 'em before he got out of the pen. 295 00:16:27,286 --> 00:16:30,949 - What do you want to do... phones or visitors? - Phones. 296 00:16:32,491 --> 00:16:35,085 Can't say Dwyer didn't make an effort. 297 00:16:35,160 --> 00:16:38,721 Called his wife in Binghamton every Sunday night. 298 00:16:38,797 --> 00:16:41,322 And twice a month he had visits from a Lisa Torres. 299 00:16:41,400 --> 00:16:45,131 Even money on which one got the flowers on Valentine's. 300 00:16:48,707 --> 00:16:50,868 Don't rule out his lawyer. 301 00:16:50,943 --> 00:16:52,911 Dwyer saw him once a week. 302 00:16:52,978 --> 00:16:54,912 He was already convicted. 303 00:16:54,980 --> 00:16:57,380 And isn't six years kinda late for appeals? 304 00:16:57,449 --> 00:16:59,713 So why all the traffic? 305 00:16:59,785 --> 00:17:03,380 The architect said the guy on the phone was slick and pushy. 306 00:17:03,455 --> 00:17:05,480 Lawyer, slick and pushy? 307 00:17:09,028 --> 00:17:12,725 Mr. Dwyer has legal problems dating back 15 years. 308 00:17:12,798 --> 00:17:14,823 It keeps me very busy. 309 00:17:14,900 --> 00:17:18,768 Ossining is a good hour and a half away. You never use the telephone? 310 00:17:18,837 --> 00:17:20,930 What, are you worried I'm overcharging him? 311 00:17:21,006 --> 00:17:22,940 You ever talk to a Jay Lingard? 312 00:17:23,008 --> 00:17:24,839 No, I never heard of him. 313 00:17:24,910 --> 00:17:28,607 He's an architect. He was one of Harold Dwyer's pen-pals while he was in prison. 314 00:17:28,680 --> 00:17:31,114 Sorry, I don't get the connection. 315 00:17:31,183 --> 00:17:33,947 What about James Vogel... I'm sure you've heard of him. 316 00:17:34,019 --> 00:17:37,147 Vogel? You mean the councilman who was mugged? 317 00:17:37,222 --> 00:17:39,884 So someone would like us to believe. 318 00:17:39,958 --> 00:17:43,416 And you think, what, my client's somehow involved? 319 00:17:43,495 --> 00:17:45,725 He did exchange letters with Mr. Vogel. 320 00:17:45,798 --> 00:17:47,629 What a coincidence. I'm sure Mr. Vogel 321 00:17:47,666 --> 00:17:50,567 also wrote his congressman on occasion. Is he a suspect, too? 322 00:17:50,636 --> 00:17:54,072 If there were indications of blackmail, mm-hmm. 323 00:17:54,139 --> 00:17:55,902 And Dwyer did all this when, 324 00:17:55,974 --> 00:17:59,068 while he was in prison? He's been out less than two weeks. 325 00:17:59,144 --> 00:18:01,544 We think he had an accomplice on the outside. 326 00:18:03,382 --> 00:18:05,350 Clever boys. 327 00:18:05,417 --> 00:18:08,284 Look, you want to play "I Got a Secret"? 328 00:18:08,353 --> 00:18:11,151 You play with my lawyer. Name's Bowman. 329 00:18:11,223 --> 00:18:13,282 She's in the phone book. 330 00:18:13,358 --> 00:18:16,623 Vogel was paying out five grand a month. 331 00:18:16,695 --> 00:18:18,993 Then one day he stops. 332 00:18:19,064 --> 00:18:21,430 He wants out, starts making noise. 333 00:18:21,500 --> 00:18:24,060 Dwyer and Colson look to shut him up. 334 00:18:24,136 --> 00:18:26,570 Or they send the letters to the magazine. 335 00:18:26,638 --> 00:18:28,629 The word starts getting out about Vogel. 336 00:18:28,707 --> 00:18:30,834 The hit looks like a gay bashing. 337 00:18:30,909 --> 00:18:32,968 Only we can't connect Colson to Vogel. 338 00:18:33,045 --> 00:18:35,912 We could check his LUDs, but I don't think he'd be stupid enough 339 00:18:35,981 --> 00:18:38,575 to call somebody from his own office that he's blackmailing. 340 00:18:38,650 --> 00:18:40,777 - What are you looking at? - Mailroom. 341 00:18:40,853 --> 00:18:42,821 Lingard mentioned a courier. 342 00:18:42,888 --> 00:18:45,550 I know the routine... I blab to you, 343 00:18:45,624 --> 00:18:49,025 Mr. Colson finds out, then what? I come work for you? 344 00:18:49,094 --> 00:18:51,028 You can can shoot a gun, you got a job. 345 00:18:51,096 --> 00:18:53,530 Yeah? You know where I'd point it first? 346 00:18:53,599 --> 00:18:57,365 Look, we play this by the book, I gotta get a subpoena, 347 00:18:57,436 --> 00:19:00,337 you gotta spend the day in the precinct while I fill out forms. 348 00:19:00,405 --> 00:19:02,066 Like I'd mind? 349 00:19:02,141 --> 00:19:04,541 Like you'd lose a day's pay. 350 00:19:04,610 --> 00:19:06,441 Nice. 351 00:19:06,512 --> 00:19:08,571 This how you get dates, too? 352 00:19:10,149 --> 00:19:12,640 Mr. Colson has a regular service. 353 00:19:12,718 --> 00:19:14,652 Comes by once a week. 354 00:19:14,720 --> 00:19:18,918 Bringing what? Packages. 355 00:19:18,957 --> 00:19:20,857 What do you think, they're transparent? 356 00:19:20,926 --> 00:19:24,726 They go up to his office, he signs for them. 357 00:19:24,796 --> 00:19:27,788 What's the name of the service? 358 00:19:27,866 --> 00:19:31,324 Yeah, sure, he has an account here. 359 00:19:34,139 --> 00:19:38,269 Three or four pickups every other Friday or so. 360 00:19:38,343 --> 00:19:40,208 Pickups from where? 361 00:19:40,279 --> 00:19:43,077 It depends. Upper Manhattan, Brooklyn, Jersey. 362 00:19:43,148 --> 00:19:45,639 What about a James Vogel in Park Slope? 363 00:19:45,717 --> 00:19:48,413 Is this guy Colson 364 00:19:48,487 --> 00:19:50,250 in some kind of trouble? 365 00:19:50,322 --> 00:19:52,256 Do you really care? 366 00:19:52,324 --> 00:19:54,792 He tips... most don't. 367 00:19:56,061 --> 00:19:59,588 Here. No name on the pickup order, 368 00:19:59,665 --> 00:20:02,725 but we did do Park Slope 369 00:20:02,801 --> 00:20:05,827 every other week until last month. 370 00:20:05,904 --> 00:20:08,372 Next time you get a pickup order from Colson, 371 00:20:08,440 --> 00:20:11,136 you call us... but that's before you deliver the package. 372 00:20:11,210 --> 00:20:13,610 (laughs) You gotta find some other way. 373 00:20:13,679 --> 00:20:15,408 I got... I got a schedule here. 374 00:20:15,480 --> 00:20:18,005 Come on, sweetheart, you're too busy to make one call? 375 00:20:18,083 --> 00:20:21,610 Or maybe we just have to get a warrant on every package that comes through here. 376 00:20:21,687 --> 00:20:23,416 This isn't right. 377 00:20:23,488 --> 00:20:26,286 I've cooperated plenty already. 378 00:20:26,358 --> 00:20:29,919 Yeah, okay, then one more time won't kill ya. 379 00:20:33,365 --> 00:20:35,595 Cragen: The official line is, 380 00:20:35,634 --> 00:20:39,092 Councilman Vogel was the unfortunate victim of a common street mugging. 381 00:20:39,171 --> 00:20:41,765 Anything else is speculation we have no comment on. 382 00:20:41,840 --> 00:20:44,070 If we make an arrest, this story's gonna come out. 383 00:20:44,142 --> 00:20:45,803 As long as it doesn't come from us. 384 00:20:45,877 --> 00:20:48,311 What are we hiding here, the fact that he was gay? 385 00:20:50,249 --> 00:20:53,082 - This comes from Division? - Right from the top. 386 00:20:53,151 --> 00:20:56,643 Let me just guess... Edward Vogel pays a little visit to the chief... 387 00:20:56,722 --> 00:20:59,020 One five minute phone call. 388 00:20:59,091 --> 00:21:02,618 What, he's doing his son a favor by being ashamed of him? 389 00:21:03,996 --> 00:21:05,691 How close are we on this? 390 00:21:05,764 --> 00:21:07,664 Oh, look, we get a hit on this delivery... 391 00:21:07,733 --> 00:21:09,564 The courier service called this morning. 392 00:21:09,635 --> 00:21:12,502 They have a delivery for Colson from an address in Kew Gardens. 393 00:21:12,571 --> 00:21:14,664 Dwyer was writing to a George Harris there. 394 00:21:14,706 --> 00:21:17,300 We're waiting for a callback on the delivery time. 395 00:21:17,376 --> 00:21:19,537 We checked Dwyer's alibi the night of the murder. 396 00:21:19,611 --> 00:21:22,079 He says he got tanked in some dive on Mulberry. 397 00:21:22,147 --> 00:21:24,741 Barkeep remembers him stumbling out at half-past midnight, 398 00:21:24,816 --> 00:21:26,613 but he doesn't remember when he came in. 399 00:21:26,685 --> 00:21:29,711 - (phone rings) - What? 400 00:21:29,788 --> 00:21:31,415 Yeah. 401 00:21:32,724 --> 00:21:35,124 Cerreta. 402 00:21:35,193 --> 00:21:37,423 Okay, thanks. 403 00:21:37,496 --> 00:21:40,397 Courier service will be at Colson's in 20 minutes. 404 00:21:40,465 --> 00:21:42,660 Get going. I'll cover the warrant for you. 405 00:21:54,112 --> 00:21:57,479 Mr. Colson, did you just receive a package from B & C Couriers? 406 00:21:57,549 --> 00:22:00,643 - What is this all about? - Is that it right there? 407 00:22:00,719 --> 00:22:03,210 - The warrant first. - Cerreta: It's on its way. 408 00:22:03,288 --> 00:22:05,848 Do you want to wait, or do you want to open it yourself? 409 00:22:17,536 --> 00:22:20,096 Would you please accompany us to the precinct? 410 00:22:25,510 --> 00:22:27,876 I asked my client about a delinquent bill, 411 00:22:27,946 --> 00:22:30,005 he says send a messenger. I have no idea... 412 00:22:30,082 --> 00:22:33,313 There's nothing illegal about getting paid in cash, Detective. 413 00:22:33,385 --> 00:22:35,353 That depends on the source, Counselor. 414 00:22:35,420 --> 00:22:39,254 We'd like to help you with this investigation, but any communication 415 00:22:39,324 --> 00:22:42,919 between attorney and client, including payment practices, are confidential. 416 00:22:42,994 --> 00:22:47,090 James Vogel... did he pay you in cash, too? 417 00:22:47,165 --> 00:22:49,395 Sorry... privileged. 418 00:22:49,468 --> 00:22:51,595 Only if the payments were for legal fees. 419 00:22:51,670 --> 00:22:53,831 Why the hell else would he pay me? 420 00:22:53,905 --> 00:22:57,568 I don't know... blackmail comes to mind. 421 00:22:58,844 --> 00:23:01,438 You obviously don't have enough evidence to arrest me. 422 00:23:01,513 --> 00:23:04,607 Which means you don't have enough to insult me either. 423 00:23:06,017 --> 00:23:07,678 Karla? 424 00:23:20,632 --> 00:23:22,293 He's right, you know. 425 00:23:22,367 --> 00:23:25,029 We can't tie him to anything, ditto on Dwyer. 426 00:23:25,103 --> 00:23:27,867 Somebody gave Vogel's letters to "Outword" magazine. 427 00:23:27,939 --> 00:23:31,340 It's fair to cloudy. The editor's on a high horse called the First Amendment. 428 00:23:31,410 --> 00:23:33,002 His mouth is shut. 429 00:23:33,078 --> 00:23:35,103 25 years might convince him to reconsider. 430 00:23:35,180 --> 00:23:37,148 You think he's involved in the murder? 431 00:23:37,215 --> 00:23:39,581 No, but he doesn't know that. 432 00:23:41,520 --> 00:23:44,580 Stone: We're not asking you not to publish, Mr. Barclay. 433 00:23:44,656 --> 00:23:46,988 We're asking for the sources of your material. 434 00:23:47,058 --> 00:23:48,685 I don't see the difference. 435 00:23:48,760 --> 00:23:51,957 No protection of sources equals no free press. 436 00:23:52,030 --> 00:23:55,124 - The Supreme Court... - Has never said that. 437 00:23:55,200 --> 00:23:57,498 And I doubt if the present court ever will. 438 00:23:57,569 --> 00:24:00,060 I'm not merely asserting my rights, Mr. Stone. 439 00:24:00,138 --> 00:24:02,868 Freedom of the press is the public's right. 440 00:24:02,941 --> 00:24:04,704 If sources were fair game, 441 00:24:04,776 --> 00:24:08,109 Anita Hill'd still be some unknown professor in Oklahoma. 442 00:24:08,180 --> 00:24:10,080 You're looking at jail time, Mr. Barclay. 443 00:24:10,148 --> 00:24:13,208 For contempt, fine. It's a sacrifice I'm willing to make. 444 00:24:13,285 --> 00:24:15,219 Stone: Not for contempt, sir. 445 00:24:15,287 --> 00:24:17,881 For conspiracy to commit blackmail and murder. 446 00:24:19,391 --> 00:24:21,859 You have got to be kidding. 447 00:24:21,927 --> 00:24:24,760 I'm sorry, sir, I lost my sense of humor 448 00:24:24,830 --> 00:24:26,957 when I saw the photographs of James Vogel. 449 00:24:27,032 --> 00:24:28,829 I had nothing to do with that. 450 00:24:28,900 --> 00:24:31,892 Letters in your possession were used to blackmail Mr. Vogel. 451 00:24:31,970 --> 00:24:34,234 Stone: At a minimum, you're withholding 452 00:24:34,306 --> 00:24:36,399 crucial evidence to a murder investigation. 453 00:24:36,475 --> 00:24:39,467 At a maximum, you're part of the conspiracy. 454 00:24:39,544 --> 00:24:41,808 Principles go a long way, Mr. Barclay, 455 00:24:41,880 --> 00:24:43,939 but if I were you, I'd ask myself, 456 00:24:44,015 --> 00:24:46,677 are they worth 25 years in prison? 457 00:24:58,663 --> 00:25:02,690 The letters showed up on my desk anonymously. 458 00:25:02,767 --> 00:25:04,428 And you didn't verify them? 459 00:25:04,503 --> 00:25:06,403 Hey, I'm not about to get sued. 460 00:25:06,471 --> 00:25:08,939 Experts compared Vogel's handwriting. 461 00:25:09,007 --> 00:25:11,202 - I want those letters. - Do I have a choice? 462 00:25:11,276 --> 00:25:14,734 If you want to avoid an indictment, no, Mr. Barclay, you don't. 463 00:25:16,114 --> 00:25:19,174 - Adam: How bad? - Bad enough to not want them published. 464 00:25:19,251 --> 00:25:21,185 All written by Vogel? 465 00:25:21,253 --> 00:25:23,778 And all mailed to Dwyer in Ossining. 466 00:25:23,855 --> 00:25:26,722 I figure Dwyer is the point man, he gave the letters to Colson, 467 00:25:26,791 --> 00:25:28,622 who then handled the blackmail. 468 00:25:28,693 --> 00:25:30,957 Mm-hmm. What about the murder? 469 00:25:31,029 --> 00:25:34,430 Maybe Vogel got tired of paying him, threatened to turn him in. 470 00:25:34,499 --> 00:25:36,967 Blackmail is thin. Murder... 471 00:25:37,035 --> 00:25:39,970 The letters to Dwyer, cash payments to Dwyer's attorney. 472 00:25:40,038 --> 00:25:43,974 Still, unless one of the people making those payments talks, 473 00:25:44,042 --> 00:25:45,873 it all adds up to nothing. 474 00:25:45,944 --> 00:25:48,037 His father, Ed Vogel, was the first one 475 00:25:48,113 --> 00:25:50,047 who asked that I run for this office. 476 00:25:50,115 --> 00:25:53,778 It was a time when a nod from him carried weight. 477 00:25:53,852 --> 00:25:55,979 Get someone to testify. 478 00:26:02,894 --> 00:26:04,589 Man: I already told the police... 479 00:26:04,663 --> 00:26:07,029 I paid a legal bill in cash. What's the big deal? 480 00:26:07,098 --> 00:26:10,556 Stone: No big deal, if it had just been once. 481 00:26:10,635 --> 00:26:13,968 The courier says you sent packages to Mr. Colson every other week. 482 00:26:15,674 --> 00:26:19,201 We spoke to Harold Dwyer, Mr. Harris. 483 00:26:29,788 --> 00:26:34,088 I was in pro ball close to 11 years. 484 00:26:34,159 --> 00:26:36,252 Nine of them in the bigs. 485 00:26:37,729 --> 00:26:40,960 This company hired me for a reason. 486 00:26:41,032 --> 00:26:43,125 They bought an image. 487 00:26:46,104 --> 00:26:48,572 See... 488 00:26:48,640 --> 00:26:52,667 I was not a Bobby Bonilla, Mr. Stone. 489 00:26:54,045 --> 00:26:56,036 I need this job. 490 00:26:56,114 --> 00:27:00,642 You paid Mr. Dwyer and Mr. Colson to keep your secret? 491 00:27:01,987 --> 00:27:04,285 I paid them to keep my life. 492 00:27:04,356 --> 00:27:06,187 I have two sons. 493 00:27:06,257 --> 00:27:10,785 Every year they come with me to the Cubs' alumni day. 494 00:27:12,564 --> 00:27:14,088 How much did you pay him? 495 00:27:16,267 --> 00:27:19,065 It was supposed to stop at 50,000. 496 00:27:19,137 --> 00:27:21,071 Colson came back for more? 497 00:27:21,139 --> 00:27:22,970 Colson, no... I never heard of. 498 00:27:23,041 --> 00:27:25,032 It was just a voice on the phone. 499 00:27:25,110 --> 00:27:28,978 Said that it was gonna cost me another 25. 500 00:27:29,047 --> 00:27:31,072 Would you recognize that voice? 501 00:27:33,251 --> 00:27:36,880 Well, there's no need... I taped the call. 502 00:27:36,921 --> 00:27:39,412 You know, just in case anything happened. 503 00:27:41,559 --> 00:27:45,427 There's no way I'm gonna say any of this in public. 504 00:27:45,497 --> 00:27:48,091 We can subpoena you, sir. 505 00:27:49,768 --> 00:27:51,998 I'd rather go to jail, Mr. Stone. 506 00:27:56,508 --> 00:28:00,376 You son was not the only victim of this blackmail scheme, Mr. Vogel. 507 00:28:00,445 --> 00:28:02,072 We've located one other. 508 00:28:02,147 --> 00:28:03,739 And he'll testify? 509 00:28:03,815 --> 00:28:06,306 He's paid Colson a lot of money to keep his secret. 510 00:28:06,384 --> 00:28:08,113 He doesn't plan on going public now. 511 00:28:10,121 --> 00:28:13,682 In other words, without this witness, you can't go to trial? 512 00:28:13,758 --> 00:28:15,988 I'm sorry. 513 00:28:18,263 --> 00:28:20,163 What if we closed the courtroom? 514 00:28:20,231 --> 00:28:21,892 No press, no cameras. 515 00:28:21,966 --> 00:28:24,230 We assure him his identity remains secret. 516 00:28:24,302 --> 00:28:25,963 Can you get a judge to agree to that? 517 00:28:27,539 --> 00:28:31,999 Typically, no, but this witness was a part of the same blackmail scheme. 518 00:28:32,077 --> 00:28:33,840 And given what happened to your son... 519 00:28:33,912 --> 00:28:36,107 We can certainly argue his life's in danger. 520 00:28:36,181 --> 00:28:38,115 So have Colson and Dwyer arrested, 521 00:28:38,183 --> 00:28:40,515 and let's hope we draw a sympathetic judge. 522 00:28:42,320 --> 00:28:44,379 Docket number 59422, 523 00:28:44,456 --> 00:28:46,549 People versus Peter Colson and Harold Dwyer, 524 00:28:46,624 --> 00:28:48,455 one count each murder in the second degree, 525 00:28:48,526 --> 00:28:50,960 one count each grand larceny in the second degree. 526 00:28:55,166 --> 00:28:57,259 Parties ready to plead? 527 00:28:57,335 --> 00:28:59,428 Not guilty, Your Honor. 528 00:28:59,504 --> 00:29:01,062 Not guilty. 529 00:29:01,139 --> 00:29:03,505 Judge: Recommendation on bail, Mr. Robinette? 530 00:29:03,575 --> 00:29:05,702 500,000 on each. 531 00:29:05,777 --> 00:29:07,768 It's excessive, Your Honor. 532 00:29:07,846 --> 00:29:11,714 In this economy, Your Honor, the State might as well ask for a million. 533 00:29:11,783 --> 00:29:13,648 No way we can raise that kind of cash. 534 00:29:13,718 --> 00:29:16,881 This is America, Counselor... borrow. 535 00:29:16,955 --> 00:29:19,480 Bail is set at 300,000 each. 536 00:29:19,557 --> 00:29:23,288 - (gavel strikes) - Clerk: Docket number 60784... 537 00:29:23,361 --> 00:29:26,797 Tomorrow, 2:30. Preliminary conference, Judge Strelzik's chambers. 538 00:29:26,865 --> 00:29:28,628 Closed courtroom? 539 00:29:28,700 --> 00:29:31,863 You gotta be kidding, Paul. I just got my hair done. 540 00:29:36,808 --> 00:29:39,936 Keep the reporters out of the courtroom, fine. 541 00:29:40,011 --> 00:29:41,808 I don't care. 542 00:29:41,880 --> 00:29:44,371 But withholding the name of a witness, that's absurd. 543 00:29:44,449 --> 00:29:46,508 Not when there's risk of retaliation. 544 00:29:46,584 --> 00:29:48,381 One man is already dead, Your Honor. 545 00:29:48,453 --> 00:29:51,251 How can I prepare a proper cross-examination 546 00:29:51,322 --> 00:29:53,813 when I don't know anything about the witness? 547 00:29:53,892 --> 00:29:57,658 Tomorrow morning, 10:30, in my chambers. 548 00:29:57,729 --> 00:30:01,256 I want to hear what this witness has to say. 549 00:30:01,332 --> 00:30:03,323 No way, Mr. Stone. 550 00:30:03,401 --> 00:30:06,199 You told me complete anonymity. 551 00:30:07,739 --> 00:30:09,900 Judge Strelzik will have to know who you are. 552 00:30:09,974 --> 00:30:11,874 There is no way around that. 553 00:30:11,943 --> 00:30:14,002 The judge we're not worried about. 554 00:30:14,078 --> 00:30:16,945 It's Colson's lawyer. She'll be there, right? 555 00:30:17,015 --> 00:30:19,848 So what's to prevent her from revealing George's identity? 556 00:30:19,918 --> 00:30:22,682 The gag order, for one. He'll be a John Doe. 557 00:30:24,088 --> 00:30:27,182 Do you want to go on paying for the rest of your life, Mr. Harris? 558 00:30:29,727 --> 00:30:32,218 I answered an ad in a magazine... 559 00:30:32,297 --> 00:30:35,027 "Prisoner lonely, please write." 560 00:30:35,099 --> 00:30:37,567 Stone: And that was Mr. Dwyer? 561 00:30:37,635 --> 00:30:39,830 Yes. 562 00:30:39,904 --> 00:30:42,668 At first, it was just a friendly correspondence... 563 00:30:42,740 --> 00:30:46,540 about sports and current events and that sort of thing. 564 00:30:46,611 --> 00:30:48,670 Stone: What happened then? 565 00:30:50,882 --> 00:30:53,942 He... wanted me to get... 566 00:30:54,018 --> 00:30:55,986 more graphic. 567 00:30:56,054 --> 00:30:57,817 And did you? 568 00:30:57,889 --> 00:30:59,982 Yes. 569 00:31:00,058 --> 00:31:03,789 He was a prisoner... I felt sorry for him. 570 00:31:03,862 --> 00:31:06,023 But it was all a con. 571 00:31:06,097 --> 00:31:08,429 After about a half a dozen letters, 572 00:31:08,499 --> 00:31:10,433 they started asking me for money... 573 00:31:10,501 --> 00:31:12,731 50,000 over five months. 574 00:31:12,804 --> 00:31:14,669 And then they wanted more. 575 00:31:14,739 --> 00:31:17,299 I have it recorded on tape. 576 00:31:17,375 --> 00:31:19,206 Is this the tape? 577 00:31:19,277 --> 00:31:21,177 Yes. 578 00:31:21,246 --> 00:31:25,512 Sir, did the persons blackmailing you 579 00:31:25,583 --> 00:31:28,211 ever threaten you with physical harm? 580 00:31:28,286 --> 00:31:30,151 No. 581 00:31:30,221 --> 00:31:34,658 And the person who contacted you for money, did he have a name? 582 00:31:38,129 --> 00:31:39,756 He never used it. 583 00:31:39,831 --> 00:31:43,096 So you were just assuming it was Peter Colson? 584 00:31:43,167 --> 00:31:46,102 Your Honor, the only issue relevant to this hearing 585 00:31:46,170 --> 00:31:48,468 is whether the witness is in physical danger. 586 00:31:48,539 --> 00:31:51,303 He just said that he wasn't even threatened. 587 00:31:51,376 --> 00:31:53,742 In any case, Your Honor, this witness has given 588 00:31:53,811 --> 00:31:56,302 no evidence whatsoever concerning my client. 589 00:31:56,381 --> 00:31:58,941 The voice on this tape is clearly identifiable. 590 00:31:59,017 --> 00:32:01,611 Well, fine, let's hear it. 591 00:32:01,686 --> 00:32:04,655 That alone is enough to give the witness away, put him in jeopardy. 592 00:32:04,722 --> 00:32:06,690 Is his name mentioned on the tape? 593 00:32:06,758 --> 00:32:10,854 No, it isn't... but your client could easily recall the conversation. 594 00:32:10,929 --> 00:32:12,829 For Godsakes, Ben. 595 00:32:12,897 --> 00:32:16,697 Peter Colson is an upstanding member of the bar, he's not an animal. 596 00:32:16,768 --> 00:32:18,565 Someone killed James Vogel, 597 00:32:18,636 --> 00:32:21,230 and I'm not willing to let it happen to another life. 598 00:32:22,674 --> 00:32:24,801 I'll listen to the tape alone. 599 00:32:26,010 --> 00:32:28,444 You'll have my decision tomorrow morning. 600 00:32:29,981 --> 00:32:32,142 Closing a courtroom. 601 00:32:32,216 --> 00:32:34,207 Congratulations, minor miracle. 602 00:32:34,285 --> 00:32:36,253 It's hardly a burning bush. 603 00:32:36,321 --> 00:32:38,551 Colson's lawyer didn't put up much of a fight. 604 00:32:38,623 --> 00:32:41,615 I guess she didn't want the press feasting on his reputation. 605 00:32:41,693 --> 00:32:44,457 Yeah, it's amazing... a bunch of lawyers get together, 606 00:32:44,529 --> 00:32:47,965 toss the First Amendment's right to free press down the toilet. 607 00:32:48,032 --> 00:32:49,659 Maybe it's the best way to protect 608 00:32:49,734 --> 00:32:51,827 the Sixth Amendment's right to a fair trial. 609 00:32:51,903 --> 00:32:54,872 With Harris on the stand, at minimum, we get him on extortion. 610 00:32:54,939 --> 00:32:58,238 If Harris takes the stand. This just landed on my desk. 611 00:33:00,445 --> 00:33:02,640 A writ of prohibition? 612 00:33:02,714 --> 00:33:05,547 Barclay, the editor of "Outword" magazine. 613 00:33:05,616 --> 00:33:08,449 He's challenging the closed courtroom on behalf of the media. 614 00:33:08,519 --> 00:33:10,612 How much con law do you remember? 615 00:33:10,688 --> 00:33:12,280 Not enough. 616 00:33:12,357 --> 00:33:16,350 A 50-page brief written in support by Helen Murphy, Esquire. 617 00:33:16,427 --> 00:33:18,691 The first lady of First Amendment law? 618 00:33:18,763 --> 00:33:21,493 Barclay's gotta have some pretty deep pockets. 619 00:33:24,936 --> 00:33:27,564 The right to a public trial is guaranteed 620 00:33:27,638 --> 00:33:30,334 by both the Sixth and the 14th Amendments. 621 00:33:30,408 --> 00:33:32,376 This is a balancing test, Your Honor. 622 00:33:32,443 --> 00:33:35,844 That right weighed against the harm to this particular witness. 623 00:33:35,913 --> 00:33:38,279 Murphy: And the people's right to know. 624 00:33:38,349 --> 00:33:42,479 Does the First Amendment suddenly not exist, Mr. Stone? 625 00:33:42,520 --> 00:33:45,956 This urgency to inform the public as to the facts of this particular case 626 00:33:45,990 --> 00:33:48,390 cannot outweigh the rights of a poten... 627 00:33:48,459 --> 00:33:52,452 Of one overly paranoid witness? Please. 628 00:33:52,530 --> 00:33:54,964 A real person's life is in jeopardy, Your Honor. 629 00:33:55,033 --> 00:33:57,627 Surely that outweighs any intangible benefits 630 00:33:57,702 --> 00:34:00,899 to a general public which is in no way affected by this case. 631 00:34:00,972 --> 00:34:03,964 So we rewrite the First Amendment, freedom of the press, 632 00:34:04,042 --> 00:34:06,510 but only when it affects the majority? 633 00:34:06,577 --> 00:34:09,808 - Your Honor... - We are not asking that the 11:00 news 634 00:34:09,881 --> 00:34:12,543 be allowed to wheel in a camera crew, Your Honor. 635 00:34:12,617 --> 00:34:14,482 Why the hell not? 636 00:34:14,552 --> 00:34:17,988 I empathize with your witness, Mr. Stone, 637 00:34:18,056 --> 00:34:20,354 but there's a heavy burden you must meet 638 00:34:20,425 --> 00:34:23,553 to deprive the voyeuristic public 639 00:34:23,628 --> 00:34:26,927 of their God-given right to peek in on the woes of others. 640 00:34:26,998 --> 00:34:30,263 - Your Honor... - If your witness is in that much danger, 641 00:34:30,334 --> 00:34:32,894 don't put him on the stand. 642 00:34:32,970 --> 00:34:35,700 I'm sorry, Counselor, but freedom 643 00:34:35,773 --> 00:34:39,265 abhors secret proceedings. 644 00:34:39,343 --> 00:34:42,972 Your client may quote me on that, Ms. Murphy. 645 00:34:43,047 --> 00:34:45,345 Petitioner's motion is granted. 646 00:34:45,416 --> 00:34:48,010 The trial will be open to the press. 647 00:34:53,157 --> 00:34:56,251 I tried, Ben, I really did, 648 00:34:56,327 --> 00:34:58,955 but George will not testify in an open courtroom. 649 00:34:59,030 --> 00:35:01,294 I can't win without him. 650 00:35:01,365 --> 00:35:03,833 He wants to see Colson walk? No. 651 00:35:03,901 --> 00:35:06,893 But he's entitled to be a little selfish. 652 00:35:06,971 --> 00:35:09,963 And I'll tell you what, I don't know if I blame him. 653 00:35:10,041 --> 00:35:11,804 What about the tape? 654 00:35:11,876 --> 00:35:14,436 You can offer that into evidence without his testimony. 655 00:35:14,512 --> 00:35:17,140 Without authentication, it's worthless, right? 656 00:35:17,215 --> 00:35:20,116 He did give a sworn statement in Judge Strelzik's chambers. 657 00:35:20,184 --> 00:35:23,278 And he was cross-examined by opposing counsel, but... 658 00:35:25,389 --> 00:35:28,984 The transcripts never mentioned his name. Are they admissible? 659 00:35:29,060 --> 00:35:32,496 "CPL, Section 670-10: 660 00:35:32,563 --> 00:35:35,225 Testimony given pursuant to a conditional examination 661 00:35:35,299 --> 00:35:39,235 is admissible when the witness is unable to attend the trial because of death, illness, 662 00:35:39,303 --> 00:35:42,636 incapacity, or is outside the state and cannot with due diligence 663 00:35:42,707 --> 00:35:44,766 be brought before the court." 664 00:35:44,842 --> 00:35:47,709 Interesting. 665 00:35:47,778 --> 00:35:51,077 This is outrageous. It's unethical, not to mention prejudicial. 666 00:35:51,149 --> 00:35:53,982 And screaming doesn't make it inadmissible, Ms. Bowman. 667 00:35:54,051 --> 00:35:56,781 We subpoenaed the witness to testify, Your Honor, 668 00:35:56,854 --> 00:36:00,119 but it seems he's relocated, address unknown. 669 00:36:00,191 --> 00:36:03,058 Attorney suspects that he's gone out of state. 670 00:36:03,127 --> 00:36:06,722 And I suspect we got major-league manipulation goin' on here. 671 00:36:06,797 --> 00:36:08,628 Strelzik: Then you're free to appeal. 672 00:36:08,699 --> 00:36:10,599 As far as I can see, the requirements 673 00:36:10,668 --> 00:36:13,603 of CPL 670 have been satisfied. 674 00:36:13,671 --> 00:36:17,505 The witness' prior sworn testimony can be read into evidence. 675 00:36:20,077 --> 00:36:23,604 Harris's voice: I've already given you $50,000. I can't afford any more. 676 00:36:23,681 --> 00:36:26,275 Colson's voice: I don't really give a damn. It's another 25, 677 00:36:26,350 --> 00:36:29,513 or that closet door swings wide open, my friend. 678 00:36:29,587 --> 00:36:32,579 Now the messenger will be there tomorrow at 5:00. 679 00:36:34,759 --> 00:36:38,525 First of all, you've got to get a jury to buy it. 680 00:36:38,596 --> 00:36:42,692 After the judge instructs them about the weight this evidence should be given... 681 00:36:42,767 --> 00:36:46,794 Your client will be convicted of several counts of larceny by extortion. 682 00:36:46,871 --> 00:36:49,431 And it won't take a major leap of faith 683 00:36:49,507 --> 00:36:52,442 to construct a convincing argument for murder two. 684 00:36:52,510 --> 00:36:54,102 You're dreaming. 685 00:36:54,178 --> 00:36:56,043 Well, if you want something badly enough, 686 00:36:56,113 --> 00:36:58,172 dreams have a way of coming true. 687 00:36:58,249 --> 00:37:00,809 Do you want to take that chance, Counselor? 688 00:37:01,953 --> 00:37:03,716 What are you offering? 689 00:37:03,788 --> 00:37:06,416 If he didn't know about the murder, and he gives us Dwyer, 690 00:37:06,490 --> 00:37:08,253 grand larceny three. 691 00:37:13,297 --> 00:37:16,460 It was all Dwyer. I never wanted to kill the guy. 692 00:37:16,534 --> 00:37:18,365 You were part of the blackmail. 693 00:37:18,436 --> 00:37:22,304 Colson: Dwyer's brainstorming. I was desperate. 694 00:37:22,373 --> 00:37:24,898 The economy went south, my business went with it. 695 00:37:24,976 --> 00:37:27,945 I was in a hole... mortgage, child support. 696 00:37:28,012 --> 00:37:30,037 Stone: How much did you collect? 697 00:37:30,114 --> 00:37:32,173 Six guys, 50 grand each. 698 00:37:32,250 --> 00:37:34,582 And you and Dwyer would split it when he got out? 699 00:37:34,652 --> 00:37:36,313 That was the plan. 700 00:37:36,387 --> 00:37:39,447 My ex moved for an upward modification of our settlement agreement. 701 00:37:39,523 --> 00:37:41,457 I needed cash... I didn't expect Dwyer 702 00:37:41,525 --> 00:37:43,425 to be released until at least September. 703 00:37:43,494 --> 00:37:45,792 I came up short. 704 00:37:45,863 --> 00:37:47,956 So you went back to Vogel for more? 705 00:37:48,032 --> 00:37:51,661 But he wasn't buying. He had enough. 706 00:37:51,702 --> 00:37:54,569 - And Dwyer took care of him. - Stone: You're still an accomplice. 707 00:37:54,605 --> 00:37:56,698 I need more than your testimony to convict. 708 00:37:56,774 --> 00:38:00,938 You want corroboration? You talk to the old man. 709 00:38:01,012 --> 00:38:02,274 What? 710 00:38:02,346 --> 00:38:04,405 Dwyer made a house call. 711 00:38:05,616 --> 00:38:07,550 He talked to Edward Vogel? 712 00:38:08,919 --> 00:38:10,887 Daddy paid the bill directly. 713 00:38:10,955 --> 00:38:15,051 That's when junior went ballistic and said he'd turn us in. 714 00:38:15,126 --> 00:38:19,085 Next thing I knew, I was reading about it in "The Post." 715 00:38:21,465 --> 00:38:23,456 That son of a bitch. 716 00:38:23,534 --> 00:38:26,594 - And you believed him? - Any reason I shouldn't? 717 00:38:26,671 --> 00:38:29,037 He's admitted to blackmail, for one. 718 00:38:29,106 --> 00:38:30,903 Robinette: We've checked your bank records. 719 00:38:30,975 --> 00:38:33,170 We know you made a large cash withdrawal 720 00:38:33,244 --> 00:38:34,871 the day before Jim was killed. 721 00:38:34,945 --> 00:38:37,345 Stone: You knew all along. 722 00:38:37,381 --> 00:38:41,977 - With your testimony, we could've gone to trial three weeks ago. - Watch your tone, sir. 723 00:38:42,053 --> 00:38:44,578 I pick up the phone, and your license 724 00:38:44,655 --> 00:38:47,453 to be holier than everybody else on this planet 725 00:38:47,525 --> 00:38:49,959 can be used to wallpaper the sewer. 726 00:38:53,597 --> 00:38:55,360 Your son is dead, sir, 727 00:38:55,433 --> 00:38:57,196 and you're protecting his killers. 728 00:38:57,268 --> 00:38:59,327 That's my business, Mr. Stone, 729 00:38:59,403 --> 00:39:02,236 and I intend to keep it that way. 730 00:39:06,811 --> 00:39:08,836 Good day, gentlemen. 731 00:39:10,147 --> 00:39:12,377 The bastard's done everything he can to stop us. 732 00:39:14,185 --> 00:39:16,915 It's his son. I can't believe... 733 00:39:16,987 --> 00:39:19,319 He paid Helen Murphy's legal fees. 734 00:39:19,390 --> 00:39:22,086 To open up a courtroom? Doesn't make sense. 735 00:39:22,159 --> 00:39:23,786 Think it through, Adam. 736 00:39:23,861 --> 00:39:26,989 With the press in the courtroom, there's no way George Harris testifies. 737 00:39:27,064 --> 00:39:29,123 Without his testimony, we can't go to trial. 738 00:39:29,200 --> 00:39:31,065 And no one ever knows that the boy was gay. 739 00:39:31,135 --> 00:39:34,935 Vogel would rather see Dwyer and Colson go free than tarnish his good name. 740 00:39:35,005 --> 00:39:37,769 Adam: Sure, political necessity. 741 00:39:37,842 --> 00:39:39,776 You don't survive as long as he did 742 00:39:39,844 --> 00:39:42,244 without keeping your hamper closed. 743 00:39:42,313 --> 00:39:45,749 It's about to open up. I served him with a subpoena. 744 00:39:47,051 --> 00:39:50,509 Ahh, that explains why he's got a call in to me. 745 00:39:52,790 --> 00:39:54,951 A subpoena? 746 00:39:55,025 --> 00:39:57,323 Really, Adam. 747 00:39:57,395 --> 00:40:01,331 Without your testimony, the murder case disappears. 748 00:40:02,666 --> 00:40:06,033 I'm familiar with how city business is conducted. 749 00:40:06,103 --> 00:40:08,003 Then you're probably also aware 750 00:40:08,072 --> 00:40:13,169 that my office doesn't service anyone's personal agenda. 751 00:40:14,478 --> 00:40:16,343 Not anyone's? 752 00:40:16,414 --> 00:40:20,248 16 years ago, I pulled your name out of a hat. 753 00:40:20,317 --> 00:40:23,980 Save the backroom marker crap. It's too late for that. 754 00:40:24,054 --> 00:40:26,682 What you did had nothing to do with my getting this office 755 00:40:26,757 --> 00:40:28,281 and nothing to do with my keeping it. 756 00:40:28,359 --> 00:40:31,817 Fine. A favor then. 757 00:40:31,896 --> 00:40:36,026 For a friend. Call off the dogs. 758 00:40:41,739 --> 00:40:44,833 I keep this picture of Jim on my desk... 759 00:40:44,909 --> 00:40:46,638 graduation day, Columbia. 760 00:40:46,710 --> 00:40:49,611 He's standing there with his arms around his mother. 761 00:40:49,680 --> 00:40:53,946 Damn it, Adam, he looks just like everybody else. 762 00:40:54,018 --> 00:40:57,317 I spent my life protecting him. 763 00:40:57,388 --> 00:40:59,481 From what? 764 00:40:59,557 --> 00:41:02,117 Your shame... 765 00:41:02,193 --> 00:41:04,991 put the knife into Dwyer's hand. 766 00:41:05,062 --> 00:41:09,624 And there's no way I'm going to let that keep him out of jail. 767 00:41:11,368 --> 00:41:14,098 I've known you for 25 years, Ed. 768 00:41:15,639 --> 00:41:18,403 And I'm telling you now, you don't testify tomorrow, 769 00:41:18,476 --> 00:41:21,536 you're going to go to jail for contempt. 770 00:41:26,050 --> 00:41:28,848 Mr. Vogel, when did you first make contact 771 00:41:28,919 --> 00:41:31,046 with the defendant, Harold Dwyer? 772 00:41:40,264 --> 00:41:43,927 Permission to treat this witness as hostile, Your Honor? 773 00:41:44,001 --> 00:41:47,232 Go ahead, Mr. Stone. 774 00:41:47,304 --> 00:41:51,365 Mr. Vogel, isn't it true your son borrowed $50,000 from you? 775 00:41:59,383 --> 00:42:02,079 I can enter the bank statements as evidence... 776 00:42:02,152 --> 00:42:04,177 Yes, he was my son. I lent him money. 777 00:42:04,255 --> 00:42:06,519 And did he tell you what it was for? 778 00:42:08,492 --> 00:42:12,952 This is ridiculous. Your Honor, this witness has nothing to offer. 779 00:42:14,031 --> 00:42:16,795 We can hold you in contempt, sir. 780 00:42:24,475 --> 00:42:27,842 Did you love your son, Mr. Vogel? 781 00:42:31,582 --> 00:42:34,517 Yes... 782 00:42:34,585 --> 00:42:36,985 very much. 783 00:42:37,054 --> 00:42:39,249 Were you proud of him? 784 00:42:41,292 --> 00:42:43,692 Jimmy could have been mayor. 785 00:42:45,462 --> 00:42:47,930 He was smart, everybody liked him. 786 00:42:51,669 --> 00:42:55,765 I thought it would be best if we kept it all quiet. 787 00:42:55,839 --> 00:42:58,330 Quiet about what? 788 00:43:02,046 --> 00:43:04,310 That he was gay. 789 00:43:08,586 --> 00:43:10,918 I would have paid any amount. 790 00:43:12,122 --> 00:43:14,022 At first Jimmy went along with it. 791 00:43:14,091 --> 00:43:15,956 He wanted me to be proud. 792 00:43:23,000 --> 00:43:25,935 I mean... 793 00:43:26,003 --> 00:43:30,463 he didn't want me to be embarr... embarrassed. 794 00:43:33,844 --> 00:43:36,608 After all the... (clears throat) 795 00:43:36,680 --> 00:43:41,708 After all the years of pain, he didn't care anymore. 796 00:43:41,785 --> 00:43:44,618 He told me it was his life, not mine. 797 00:43:44,688 --> 00:43:46,656 And they... 798 00:43:47,658 --> 00:43:50,354 they asked him for more money and Jimmy refused. 799 00:43:51,695 --> 00:43:53,890 And then what happened? 800 00:43:55,733 --> 00:43:59,169 The defendant, Mr. Dwyer, came to me. 801 00:44:00,504 --> 00:44:03,940 50 grand or it's all over the news. 802 00:44:03,974 --> 00:44:05,942 And you paid him? 803 00:44:08,545 --> 00:44:11,810 Yes. Yes. 804 00:44:11,882 --> 00:44:14,112 How did your son react to that? 805 00:44:14,184 --> 00:44:16,277 He was angry. 806 00:44:18,856 --> 00:44:21,552 He called Mr. Dwyer from my office 807 00:44:21,625 --> 00:44:25,117 and said he'd go to the police if Dwyer didn't return the money. 808 00:44:28,999 --> 00:44:31,194 Then what did Mr. Dwyer do? 809 00:44:31,268 --> 00:44:33,759 Vogel: He said he'd been in jail for six years 810 00:44:33,837 --> 00:44:36,067 and there was no way he was going back. 811 00:44:41,111 --> 00:44:44,137 The next day, they found Jimmy. 812 00:44:59,997 --> 00:45:02,488 Will the defendant please rise? 813 00:45:09,540 --> 00:45:11,303 On the first count of the indictment, 814 00:45:11,375 --> 00:45:14,640 grand larceny in the second degree, how do you find? 815 00:45:16,180 --> 00:45:18,910 We find the defendant guilty. 816 00:45:18,982 --> 00:45:21,712 Strelzik: On the second count of the indictment, 817 00:45:21,785 --> 00:45:25,084 murder in the second degree, how do you find? 818 00:45:25,155 --> 00:45:27,646 We find the defendant guilty. 819 00:45:45,042 --> 00:45:49,570 Deep down, Ed Vogel truly believes that he loved his son. 820 00:45:49,646 --> 00:45:51,580 And you don't think he did? 821 00:45:51,648 --> 00:45:53,513 Acceptance before love, right? 822 00:45:53,584 --> 00:45:56,451 A son is not merely an extension of his father's ego. 823 00:45:56,520 --> 00:45:58,181 It's a law of nature. 824 00:45:58,255 --> 00:46:00,553 Sons go to extremes to please their fathers. 825 00:46:00,624 --> 00:46:03,149 My father wanted me to be a doctor. 826 00:46:03,227 --> 00:46:05,661 I went so far as to study organic chemistry. 827 00:46:05,729 --> 00:46:07,856 - What happened? - I grew up. 828 00:46:15,739 --> 00:46:20,199 (theme music plays) 829 00:46:20,249 --> 00:46:24,799 Repair and Synchronization by Easy Subtitles Synchronizer 1.0.0.0 67119

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