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Narrator:
In the criminal justice system, the people are represented
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00:00:04,270 --> 00:00:06,761
by two separate,
yet equally important groups...
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00:00:06,806 --> 00:00:08,671
the police
who investigate crime,
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00:00:08,708 --> 00:00:11,336
and the district attorneys
who prosecute the offenders.
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00:00:11,378 --> 00:00:13,346
These are their stories.
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00:00:14,848 --> 00:00:17,408
- (car horns honking)
- (car alarm blares)
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00:00:18,618 --> 00:00:20,711
Man:
It doesn't bother you at all, does it?
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00:00:20,754 --> 00:00:23,848
To you, it's like talking
about a new pair of shoes.
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00:00:23,890 --> 00:00:25,551
For God's sake,
she's family.
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00:00:25,592 --> 00:00:27,958
Do you think I would
discuss this with my sister?
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00:00:27,994 --> 00:00:31,452
- Sally's a therapist.
- The problem is not with the big head, Jesse.
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00:00:31,498 --> 00:00:33,432
You're being childish.
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00:00:33,466 --> 00:00:35,434
You folks hear Howard
this morning?
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00:00:35,468 --> 00:00:38,266
He was really goin' off
on some poor broad.
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00:00:38,304 --> 00:00:40,135
You mind?
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00:00:43,276 --> 00:00:44,971
Driver:
Look out!
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Man:
What the hell are you doing?
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(police radio chatter)
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Cop:
All right, keep back, folks.
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00:01:02,829 --> 00:01:04,592
Mikey.
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Yeah. No see
and no hear.
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00:01:08,168 --> 00:01:10,636
Eight million people
and you die alone.
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- What's the morning headline?
- Man: Man kisses 10th Avenue.
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Kiss of death.
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00:01:16,376 --> 00:01:18,503
But his face wasn't crushed
from a knife wound.
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He must have come
from that bridge.
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Let's see
what we got.
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And the winner is...
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James Vogel.
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00:01:32,325 --> 00:01:34,088
Whoa.
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Make that Councilman Vogel.
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16th District.
He's a long way from home.
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20, 40, 60, 80...
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00:01:44,737 --> 00:01:47,399
83 bucks
and a full deck of plastic.
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00:01:47,440 --> 00:01:50,204
- Too busy to rob him.
- Disgruntled voter?
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00:01:50,243 --> 00:01:53,644
Or a contributor who wasn't
getting his money's worth.
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It's a hell of a way
to leave office.
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(theme music plays)
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Vogel attended a benefit
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00:03:25,104 --> 00:03:27,732
for the New York Women's Foundation
at the Democratic Club.
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The doorman remembers him leaving,
by himself, a little after 10:30.
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00:03:31,277 --> 00:03:33,643
Five minutes later,
a half-gainer off the high dive.
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00:03:33,680 --> 00:03:36,843
Now if anybody saw this hit, they didn't
stay around to tell us about it.
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Word's out... maybe some
witness will show up.
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Right, and maybe I'll
grow wings and learn to fly.
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00:03:42,288 --> 00:03:44,779
I sat on a panel
last year with Vogel.
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Safe schools, juvenile violence,
that kind of thing.
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00:03:47,227 --> 00:03:49,058
A lot of grandstanding,
but not Vogel.
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00:03:49,095 --> 00:03:51,461
I'm telling you, this guy
is one of the good ones.
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00:03:51,497 --> 00:03:53,624
Sometimes the good guys
step on the wrong toes.
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00:03:53,666 --> 00:03:55,759
The family's been
in politics a long time.
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There's bound to be
some sore losers.
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Well, I want this one
in the win column.
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In addition to the impact wounds
from the fall and the car,
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00:04:03,676 --> 00:04:07,203
the victim had
a number of blunt-force wounds across the front of his body.
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00:04:07,247 --> 00:04:09,374
Started out
just wanting to hurt him.
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00:04:09,415 --> 00:04:12,748
In for a dime or a dollar,
it doesn't make much difference now.
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00:04:12,785 --> 00:04:16,050
We have a dorsal wound
beginning in the upper right quadrant.
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00:04:16,089 --> 00:04:17,579
One upward thrust.
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00:04:17,624 --> 00:04:20,525
The blade entered
the abdominal cavity just under the ribcage,
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proceeded up through the kidney
and transected the renal vein.
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00:04:23,496 --> 00:04:25,555
Logan:
Two heartbeats and he's gone.
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00:04:25,598 --> 00:04:30,001
- Rodgers: The bleeding's
all internal... no pain, no stain. - Cerreta: Mark of a craftsman.
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00:04:32,071 --> 00:04:35,802
Jim pushed for literacy programs,
rights for elderly tenants...
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00:04:35,842 --> 00:04:38,072
hardly anything
you would call controversial.
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00:04:38,111 --> 00:04:41,171
I know a couple of landlords
who might beg to differ.
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00:04:41,214 --> 00:04:44,047
He built bridges, not walls.
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00:04:44,083 --> 00:04:46,608
I ran his constituent office
for eight years.
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00:04:46,653 --> 00:04:49,520
I do not know a single enemy
that he didn't win over.
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00:04:49,555 --> 00:04:52,888
What about allies?
Did he owe any favors?
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00:04:52,925 --> 00:04:56,190
He didn't practice that way.
He said, "Favors will get you in trouble."
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00:04:56,229 --> 00:04:58,857
- Cerreta: Was he ambitious?
- In right amounts, yes.
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But nobody owned him.
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00:05:01,067 --> 00:05:03,058
Maybe they had
a short-term lease.
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00:05:05,204 --> 00:05:08,173
Here are two deposits
to his money market account.
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One was eight months ago,
this one three months ago.
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It's a total of 50 grand.
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00:05:13,413 --> 00:05:15,347
Did he win the lotto?
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00:05:15,381 --> 00:05:17,611
I wouldn't know
where that came from.
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00:05:20,920 --> 00:05:23,514
Well, we've got
the bank number.
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00:05:23,556 --> 00:05:25,922
If they're checks, we'll go
to the issuing account.
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00:05:25,958 --> 00:05:29,325
My hunch? Wherever it's from,
lotto would have been better.
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I lent him the money.
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A father is an easy touch.
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00:05:36,169 --> 00:05:38,865
In my family,
we don't write blank checks.
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00:05:39,972 --> 00:05:42,304
He asked and I gave.
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00:05:42,342 --> 00:05:45,436
If he'd wanted me to know
what it was for, he would have told me.
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00:05:45,478 --> 00:05:50,177
- Maybe he told your wife.
- Judith passed away six years ago.
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00:05:50,216 --> 00:05:53,913
Was there anyone else
he might have confided in, maybe a girlfriend?
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00:05:53,953 --> 00:05:57,480
James kept
his own counsel.
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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.
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00:06:04,997 --> 00:06:07,090
No, we don't think
robbery was a motive.
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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?
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00:06:14,140 --> 00:06:16,506
That's a popular one
these days.
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00:06:16,542 --> 00:06:20,672
Someone just doesn't
like the look on his face.
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00:06:22,248 --> 00:06:26,241
My family worked damn hard
to improve the quality of life in this city.
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00:06:26,285 --> 00:06:30,016
And this...
this is how they pay us back.
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00:06:31,357 --> 00:06:34,190
Vogel wasn't
exactly a tightwad.
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00:06:34,227 --> 00:06:37,458
Tapped into his stash
every other Friday.
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00:06:39,766 --> 00:06:42,792
5,000 a month in cash.
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00:06:43,836 --> 00:06:46,566
Except for the last
couple of weeks.
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00:06:46,606 --> 00:06:49,871
Plenty of money left,
but no cash withdrawals.
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00:06:51,544 --> 00:06:54,377
Well, whatever he was paying off,
he changed his mind.
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00:06:54,414 --> 00:06:56,974
In hock to the bank
of broken legs?
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00:06:57,016 --> 00:06:59,541
I can't see how...
this guy was a monk.
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00:06:59,585 --> 00:07:01,576
He covered the basics
with his salary.
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00:07:01,621 --> 00:07:04,385
He paid his credit cards
every month like clockwork.
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00:07:05,825 --> 00:07:07,986
Maybe he's
a sports nut.
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00:07:08,027 --> 00:07:10,791
No, bookies collect
in cash, not bodies.
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"Mullen's," in SoHo.
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Charges every week.
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00:07:21,607 --> 00:07:24,974
Didn't Vice do a number
on them a year ago?
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00:07:27,113 --> 00:07:29,775
Your colleagues in the Vice Squad
had the wrong impression.
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00:07:29,816 --> 00:07:32,307
People come here
to feel safe, nothing more.
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00:07:32,351 --> 00:07:35,787
- And Vogel was a regular?
- Who is and who isn't is nobody's business.
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00:07:35,822 --> 00:07:39,417
Unless it's a police matter,
Mr. Drotos, which this is.
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He was already
halfway there anyway.
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How's that?
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The past few weeks
James was talking about turning his life around.
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- Taking the big step.
- The big step?
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00:07:53,739 --> 00:07:56,674
He was thinking of coming out...
of the closet.
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00:07:56,709 --> 00:07:59,701
He was wondering how well
he was going to handle it.
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00:07:59,745 --> 00:08:01,975
He was worried
about his family, his career.
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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?
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00:08:06,719 --> 00:08:09,779
In the past year, just the ones
that were reported...
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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.
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00:08:14,560 --> 00:08:17,393
Sometimes it can be
a matter of life and death.
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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.
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00:08:23,102 --> 00:08:25,730
Someone was going
to do it for him.
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00:08:30,543 --> 00:08:32,738
Outing's a specialty.
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00:08:32,778 --> 00:08:35,246
James got a call
from them last week.
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00:08:35,281 --> 00:08:37,374
They were
preparing an article.
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00:08:38,751 --> 00:08:40,946
I'm sorry about
what happened to James Vogel.
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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.
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00:08:53,299 --> 00:08:55,767
Well, who are you
at war with?
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00:08:55,801 --> 00:08:58,326
James Vogel could have been
a role model.
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00:08:58,371 --> 00:09:00,999
Don't you think
that should've been his decision?
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00:09:01,040 --> 00:09:04,134
I didn't target the man,
but when the information lands on my desk,
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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.
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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.
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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.
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00:10:03,269 --> 00:10:06,261
Mr. Vogel, the more open
you are with us,
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00:10:06,305 --> 00:10:08,068
the easier
this is going to be.
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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
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00:10:30,596 --> 00:10:33,292
than to have claimed
James as one of their own.
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00:10:33,332 --> 00:10:36,824
Mr. Vogel, I don't know how close
you were with your son,
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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.
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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
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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
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