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NARRATOR:In the criminal justice system
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00:00:11,158 --> 00:00:14,992
the people are representedby two
separateyet equally important groups,
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00:00:15,062 --> 00:00:16,859
the policewho investigate crime
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00:00:16,930 --> 00:00:19,763
and the district attorneyswho prosecute the offenders.
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00:00:19,833 --> 00:00:21,357
These are their stories.
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First call came in
around 2:00.
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By the time units rolled in,
the flames were wall-to-wall.
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00:00:27,040 --> 00:00:28,632
And it's a lock for arson?
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00:00:28,709 --> 00:00:30,904
We found a gasoline can
and a box of matches.
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00:00:30,977 --> 00:00:33,673
Two witnesses saw somebody drive
away just before the bonfire.
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Gave us a description.
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Louis Johnson, medium rare.
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Smoke stains
in his nose and mouth,
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he was alive
before the fire started.
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Fumes killed him.
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Couldn't run out?
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The door was locked
from the inside.
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Our guess is, he was
spending the night.
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Didn't want any visitors.
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00:00:49,930 --> 00:00:52,831
Did Johnson ever have
any trouble before this?
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00:00:52,899 --> 00:00:55,493
Some vandalism last week
before he got his trees.
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What was it, kids?
No.
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A local crew muscling the
businesses for protection.
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Nobody, and that includes Johnson,
wanted to talk about it.
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And look where it got him.
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00:01:05,112 --> 00:01:08,275
We're gonna need the names
of that crew, all right?
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00:01:08,348 --> 00:01:10,714
Two pairs of eyes
put you in the lot.
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I was buying my Christmas tree.
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At 2:04 a.m.
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No, you're cooked, Danny, we got
your prints on the box of matches.
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I hate to break it to you, but you're
the stupidest torch I ever met.
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Now's your one chance
to do something smart.
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I swear, I didn't know Louis was in
the shed when the fire broke out.
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Bad break, his wife tossing him
out of the house that night.
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The job was about reducing the value
of Louis' inventory. That's all.
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I can serve up the guy that paid me.
CURTIS: We know him.
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He's being worked on next door.
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No, we're shopping for the CEO.
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Yeah, but I just know the one guy.
I'm not part of the crew.
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That's too bad, 'cause you're gonna
take the weight for all of them, Danny.
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The Schwartz deli job
last year,
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I can give you
who was behind that.
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Too late.
Somebody already beat you to it.
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DANNY: All right. Wait, wait.
I got something big.
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I know the guy that really did
that Cookie Costello stabbing.
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You know the one.
Big mother case. 30 years ago.
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00:02:00,967 --> 00:02:02,867
Girl got stabbed while the
whole neighborhood watched.
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00:02:02,936 --> 00:02:06,736
Yeah. Sal Munoz.
He's been in Attica for the last 30 years.
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00:02:06,807 --> 00:02:09,173
Yeah, that's what you think.
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00:02:09,242 --> 00:02:10,766
I want somebody
from the D.A.'s in here.
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They need a reason
to move, Danny.
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Yeah, well, tell them this.
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This guy, I'll call him Bobby,
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me and him were having
a few pops one night,
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00:02:18,819 --> 00:02:23,153
he tells me how he stuck the girl with
a knife so she could never have kids.
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Hey, see? I got something.
Next time I talk, it's to the D.A.
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My first partner in uniform
was on that Costello canvas.
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They kept the details of her injuries
out of the papers, too personal.
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00:02:42,175 --> 00:02:43,733
I remember reading
something about that.
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00:02:43,810 --> 00:02:45,710
Yeah, young woman
stabbed 14 times
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and raped outside her building
in the East Village.
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00:02:48,281 --> 00:02:51,079
Yeah, while 40 of her
neighbors turned up their TVs
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00:02:51,151 --> 00:02:52,516
so they couldn't
hear the screams.
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00:02:52,586 --> 00:02:54,383
So what, they had TVs
but no phones?
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00:02:54,454 --> 00:02:57,321
Oh, they called the police all
right, about 45 minutes later.
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00:02:57,390 --> 00:02:58,618
Should've heard the excuses.
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00:02:58,692 --> 00:03:01,252
Everybody assumed
somebody else called it in.
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00:03:01,328 --> 00:03:02,522
So if Danny's on the money,
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00:03:02,596 --> 00:03:04,894
then the wrong guy's been in
jail for the past 30 years.
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00:03:04,965 --> 00:03:07,024
And Mr. Right's
been on the street.
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00:03:57,384 --> 00:04:01,753
ADAM: Thirty years ago, I sat in her
hospital room and held her hand.
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00:04:01,821 --> 00:04:04,949
You prosecuted Sal Munoz?
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Ms. Costello sent me Christmas
cards every year since.
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00:04:10,063 --> 00:04:13,760
This firebug,
he gave you a name?
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Bobby Farina.
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00:04:15,235 --> 00:04:19,262
Career deadbeat. In and out of
State facilities since he was six.
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00:04:19,339 --> 00:04:22,331
And somewhere along the way, he
must've picked up a crystal ball.
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00:04:22,409 --> 00:04:25,378
Van Buren says the police never released
the specifics of Costello's injuries.
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00:04:25,445 --> 00:04:26,935
Munoz confessed.
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00:04:27,013 --> 00:04:29,481
After how many rounds
with New York's finest?
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00:04:30,517 --> 00:04:33,645
Cookie Costello
couldn't ID him, Adam.
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We should at least talk to her.
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Absolutely not.
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A building full of her friends
and neighbors watched.
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She was stabbed, then raped,
left for dead in an alley.
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00:04:47,834 --> 00:04:49,597
(EXHALES)
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00:04:51,171 --> 00:04:55,801
Thirty years isn't time enough
for wounds like that to heal.
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Munoz is serving consecutive 25-year terms.
We can't ignore this.
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00:05:07,120 --> 00:05:11,022
Have the cops find
this Farina character.
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Damn.
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00:05:16,796 --> 00:05:17,922
BOBBY: Today's my birthday,
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you know, half a century, I'm
pushing carcasses for a living.
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Yeah, I know just
how you feel, Bobby.
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Half a century and I'm still
talking to scum like you.
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I'm all straightened out now.
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00:05:26,773 --> 00:05:28,297
Oh, yeah.
We heard from your P.O.
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How you got four years for
straightening out your girlfriend.
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00:05:31,811 --> 00:05:34,541
I'm a gridiron legend.
You know, we can't all beat the rap.
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BRISCOE: And what about
Cookie Costello?
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You straighten her out, too?
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Don't ring no bells.
A bitch with a name like that, I'd remember.
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What? You don't
read the papers?
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She was carved up in May 1965,
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three blocks from where
you parked your sorry ass.
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00:05:48,194 --> 00:05:50,560
I was doing a stretch
in Dannemora in '65.
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For assaulting
a hooker, we heard.
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00:05:52,499 --> 00:05:55,400
You went in, in September.
Try again.
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May '65.
I could've been in New Jersey.
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00:05:58,571 --> 00:06:00,766
I did a lot of work there.
You know, collecting for the bookies.
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Hey, the only ones who knew the
particulars are the victim, her doctors,
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00:06:04,844 --> 00:06:07,870
and the piece of crap
who did it, and that's you!
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00:06:09,482 --> 00:06:12,815
All right, look. I got it from this
lawyer, Nick Taradash, all right?
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00:06:12,886 --> 00:06:14,615
He repped me on a couple beefs.
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The guy lays all these gems on me about
this Costello thing. I swear to God.
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00:06:22,996 --> 00:06:25,863
Nick and I shared office space
after his first coronary,
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00:06:25,932 --> 00:06:29,424
and after his second last summer,
I took over the whole place.
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And that would make him?
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Dead. He made me
his executor.
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Should've said no.
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00:06:34,607 --> 00:06:37,576
Sanitation Department
would choke on his files.
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Did you know Nick?
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00:06:38,745 --> 00:06:44,274
No. But we ran into one of his clients, Ms.
Marks. Bobby Farina.
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00:06:44,350 --> 00:06:47,080
Leg-breaker,
all-around dirt bag.
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00:06:47,153 --> 00:06:51,180
Don't know the name, but the
description fits Nick's clientele.
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00:06:51,257 --> 00:06:54,385
All the local hoods used to carry
Nick's card in their wallets.
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BRISCOE: And now
they carry yours?
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I'm not the household name Nick
was, but I'm getting there.
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00:07:00,700 --> 00:07:02,691
Okay, Bobby Farina.
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00:07:06,272 --> 00:07:09,867
Still has a balance.
What's he done now?
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00:07:09,943 --> 00:07:12,969
CURTIS: We're looking at him
for the Cookie Costello case.
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00:07:13,046 --> 00:07:14,911
He has knowledge of details
that were withheld.
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00:07:14,981 --> 00:07:16,812
Claims he got them
from Mr. Taradash.
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00:07:16,883 --> 00:07:20,478
Possible. Nick was court-appointed
to rep the defendant, Sal Munoz.
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00:07:20,553 --> 00:07:23,215
He liked to talk it up.
Case got him good press.
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00:07:23,289 --> 00:07:26,656
So in other words, Taradash
was handed a hot potato.
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00:07:26,726 --> 00:07:28,956
Not much he could do with it.
Munoz confessed.
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00:07:29,028 --> 00:07:30,689
Nick tried to plea him
on insanity,
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00:07:30,764 --> 00:07:34,131
but, apparently, the juries didn't
go for that stuff back then.
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00:07:35,735 --> 00:07:38,636
Insanity's the defense
of last resort.
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00:07:38,705 --> 00:07:40,832
Taradash went for it
on first down.
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00:07:40,907 --> 00:07:42,602
So maybe his heart
wasn't in it.
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00:07:42,675 --> 00:07:45,007
After all, the vic was the
girl next door, right?
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00:07:45,078 --> 00:07:47,171
Let me propose
a less noble reason.
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00:07:47,247 --> 00:07:50,011
Taradash makes his living
repping the local bad boys.
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00:07:50,083 --> 00:07:52,278
Now, suppose one of them
was the guilty party?
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Farina. And Taradash might not want
to bite the hand that feeds him.
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00:07:56,489 --> 00:08:00,050
I wonder if Bobby's name ever
came up during the investigation.
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Let's go see the detectives.
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00:08:05,465 --> 00:08:08,457
Farina? Dumb muscle.
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00:08:08,535 --> 00:08:12,096
Yeah, that's him.
You ever look at him for the Costello case?
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00:08:12,172 --> 00:08:16,268
No. No, Costello
was a sex thing.
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00:08:16,342 --> 00:08:20,642
We had our guy,
the P.R., Munoz.
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00:08:20,713 --> 00:08:25,013
The sick son of a bitch followed
her from work in his car.
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Picked on her because she
was wearing a white dress.
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00:08:27,987 --> 00:08:30,182
Figured she was canned goods.
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00:08:30,256 --> 00:08:32,349
You said she was
coming home from work?
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00:08:32,425 --> 00:08:34,222
What we got is
she went to a movie.
158
00:08:34,294 --> 00:08:37,661
Oh, no. She was working under
the table at the Franklin Pub.
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00:08:37,730 --> 00:08:40,756
On account of her probation, she was
supposed to keep out of the place.
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00:08:40,834 --> 00:08:41,994
Probation for what?
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00:08:42,068 --> 00:08:43,660
Gambling.
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00:08:43,736 --> 00:08:49,003
We didn't release that
out of respect for the victim.
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00:08:49,075 --> 00:08:51,043
What else didn't make it
into your report?
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00:08:51,110 --> 00:08:54,079
It had nothing to do
with the case.
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00:08:54,147 --> 00:08:56,877
She gambled, Farina
collected for gamblers.
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00:08:56,950 --> 00:08:59,783
There's gambling all over the
place except in your report.
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00:08:59,853 --> 00:09:04,813
Munoz did it! He confessed to it.
And two rapes besides.
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00:09:04,891 --> 00:09:07,382
Right after a trip
to the West End Grill?
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00:09:09,362 --> 00:09:11,660
Munoz was a righteous bust.
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00:09:13,766 --> 00:09:15,563
So the hell with you.
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Okay, I'll bite.
What's the West End Grill?
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00:09:24,844 --> 00:09:26,641
The docks on the West Side.
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00:09:26,713 --> 00:09:29,648
Back in the '60s, they used to
take guys like Munoz out there
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00:09:29,716 --> 00:09:32,913
and see how far they could swim, after
they beat the hell out of them.
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00:09:32,986 --> 00:09:34,476
Or so I heard.
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00:09:36,356 --> 00:09:38,085
It's time to talk to Cookie.
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00:09:38,157 --> 00:09:39,556
She lives in Tarrytown.
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00:09:40,793 --> 00:09:46,163
Oh, I'm sorry. I don't remember
anything after I got out of my car.
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00:09:46,232 --> 00:09:51,067
After 30 years, nothing.
The doctors said it was the shock.
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00:09:51,137 --> 00:09:53,002
(INCREASES TV VOLUME)
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00:09:53,072 --> 00:09:55,768
I say it was God's way
of healing.
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00:09:55,842 --> 00:09:58,868
Well, that's a good way
of looking at it.
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00:09:58,945 --> 00:10:02,312
Yeah, well, I've tried
to forget everything.
184
00:10:02,382 --> 00:10:04,816
So why is this all
coming back now?
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00:10:04,884 --> 00:10:07,853
We have some new information
on a Bobby Farina.
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00:10:07,921 --> 00:10:09,548
Guy from the old neighborhood.
187
00:10:10,924 --> 00:10:13,859
Dad? Bobby Farina?
188
00:10:14,994 --> 00:10:19,693
A wiseass kid, used to
nick candy from my store.
189
00:10:19,766 --> 00:10:24,260
He grew up to be a bagman for the
bookies in the East Village.
190
00:10:24,337 --> 00:10:26,635
Why do you worry about Farina?
191
00:10:26,706 --> 00:10:28,936
They got the guy
that attacked her.
192
00:10:31,110 --> 00:10:32,839
You had a gambling
arrest back then?
193
00:10:32,912 --> 00:10:34,846
You bastards got crust.
194
00:10:34,914 --> 00:10:35,938
(TURNS TV OFF)
195
00:10:36,015 --> 00:10:38,210
Don't tell them nothing,
Cookie.
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00:10:38,952 --> 00:10:41,216
Dad, I can handle this.
197
00:10:45,591 --> 00:10:48,992
I was 22,
I liked the excitement.
198
00:10:50,229 --> 00:10:52,891
I used to have a crush
on Sandy Koufax.
199
00:10:52,966 --> 00:10:55,594
I used to bet the Dodgers
when he pitched.
200
00:10:55,668 --> 00:10:58,967
I bet the Giants, but
sometimes I got jammed up,
201
00:10:59,038 --> 00:11:04,271
and so I took bets at the bar for
the bookies, to work it off.
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00:11:04,978 --> 00:11:06,172
I got caught.
203
00:11:06,245 --> 00:11:08,941
And that's it? You never had
any trouble with Bobby Farina?
204
00:11:09,015 --> 00:11:11,506
You think I brought this on myself?
205
00:11:13,353 --> 00:11:17,619
Look at it.
It's the dress she was wearing.
206
00:11:17,690 --> 00:11:22,423
Every time that animal comes up
for parole, I'm there with this.
207
00:11:22,495 --> 00:11:27,296
He laughs at me in the court,
and you think it's not him?
208
00:11:27,367 --> 00:11:29,028
You're damn fools.
209
00:11:30,737 --> 00:11:32,705
She was up to her elbows
in the action.
210
00:11:32,772 --> 00:11:35,138
She could've pissed off these
mooks any number of ways.
211
00:11:35,208 --> 00:11:36,903
So they have Bobby
send her a message.
212
00:11:36,976 --> 00:11:38,841
Yeah, unless she wants
a repeat performance,
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00:11:38,911 --> 00:11:40,037
she doesn't put
the finger on him.
214
00:11:40,113 --> 00:11:41,876
What? 30 years later,
she's still afraid?
215
00:11:41,948 --> 00:11:45,111
Hey, she looks at those scars every night.
Listen, pull her records.
216
00:11:45,184 --> 00:11:47,709
See if she was ever
mixed up with Bobby.
217
00:11:51,791 --> 00:11:53,691
Here we go.
218
00:11:53,760 --> 00:11:58,720
Promoting gambling, second degree.
She got a year probation.
219
00:11:58,798 --> 00:12:01,733
Well, well.
Taradash was her attorney.
220
00:12:01,801 --> 00:12:03,530
Yeah, he was a local guy.
221
00:12:03,603 --> 00:12:05,696
And Munoz wasn't.
222
00:12:05,772 --> 00:12:09,435
Hey, Lennie, look at this.
The bookie she was working for.
223
00:12:09,509 --> 00:12:14,276
Eddie Murrows, I remember him.
He's a KG, Known Gambler.
224
00:12:14,347 --> 00:12:16,315
I know what it is.
225
00:12:16,382 --> 00:12:19,476
He was in Bobby Farina's file
as one of his employers.
226
00:12:23,056 --> 00:12:25,081
MURROWS: Sure, Bobby did
some work for me.
227
00:12:25,158 --> 00:12:29,527
Nudged a few clients to get current on
their delinquencies. Way back when.
228
00:12:29,595 --> 00:12:31,859
Sounds like you had the whole
neighborhood working for you.
229
00:12:31,931 --> 00:12:34,263
Bobby Farina.
Cookie Costello.
230
00:12:34,333 --> 00:12:35,994
I let her work off
what she owed.
231
00:12:36,069 --> 00:12:38,560
Nice girl.
Awful what happened.
232
00:12:38,638 --> 00:12:41,163
P.R. Bastard should have
gotten the chair.
233
00:12:41,240 --> 00:12:43,231
We've got a better candidate.
234
00:12:43,309 --> 00:12:49,009
Yeah. You spent the winter of '65
in Elmira on a gambling rap?
235
00:12:49,082 --> 00:12:50,913
What's that got
to do with Costello?
236
00:12:50,983 --> 00:12:52,382
I ain't got no time for this.
237
00:12:52,452 --> 00:12:54,283
Hey, is that a cell phone
in your shirt pocket?
238
00:12:54,353 --> 00:12:55,377
Yeah. So?
239
00:12:55,455 --> 00:12:58,049
Well, a smart KG like you, you
don't want your calls traced.
240
00:12:58,124 --> 00:13:02,652
You probably use a stolen frequency, right?
An E felony.
241
00:13:02,728 --> 00:13:05,322
It'll take me 30 seconds
to find out.
242
00:13:07,733 --> 00:13:12,602
Now, in 1964, Cookie Costello was
arrested for a gambling offense.
243
00:13:12,672 --> 00:13:14,731
They gave her probation.
That's very generous, right?
244
00:13:14,807 --> 00:13:17,833
Yeah. So a couple of months
later, you get popped.
245
00:13:17,910 --> 00:13:19,400
Did you make
a connection there?
246
00:13:19,479 --> 00:13:20,537
That's nuts.
247
00:13:20,613 --> 00:13:23,138
What she knew about my business
you could put in a gel-tab.
248
00:13:23,216 --> 00:13:24,274
Oh, that's not what we hear.
249
00:13:24,350 --> 00:13:27,046
We hear you gave Bobby
the say-so to carve her up.
250
00:13:27,120 --> 00:13:32,558
No way. Bobby was in East Orange.
May 25th, 1965.
251
00:13:32,625 --> 00:13:36,459
Red-letter day in sports,
Ali took Liston in one.
252
00:13:36,529 --> 00:13:38,690
Bobby visited
a client in Jersey.
253
00:13:38,764 --> 00:13:40,425
A guy in the restaurant trade.
254
00:13:40,500 --> 00:13:44,800
It's possible an unsolved battery
was committed on this person.
255
00:13:44,871 --> 00:13:48,136
The widow said the husband got beat
up at their place about midnight.
256
00:13:48,207 --> 00:13:49,765
Same time as Cookie.
257
00:13:49,842 --> 00:13:52,834
Now she fingered Farina, but the
husband wouldn't make a complaint.
258
00:13:52,912 --> 00:13:55,039
But he stopped gambling
right after that.
259
00:13:55,114 --> 00:13:57,344
The bottom line is,
Bobby's in the clear.
260
00:13:57,416 --> 00:14:00,647
All this because
Taradash opened his mouth.
261
00:14:00,720 --> 00:14:01,982
Small world.
262
00:14:02,054 --> 00:14:03,612
BRISCOE:
Oh, it gets even smaller.
263
00:14:03,689 --> 00:14:06,852
Taradash was handling
Cookie's gambling cases.
264
00:14:08,361 --> 00:14:09,760
Is that a problem?
265
00:14:13,166 --> 00:14:15,657
CLAIRE: Taradash had a prior
relationship with Costello.
266
00:14:15,735 --> 00:14:18,203
Representing Munoz was a
clear conflict of interest.
267
00:14:18,271 --> 00:14:19,670
That's just terrific.
268
00:14:19,739 --> 00:14:20,967
You didn't know?
269
00:14:22,275 --> 00:14:27,508
If we knew that Taradash had the slightest
privileged knowledge of the victim,
270
00:14:27,580 --> 00:14:29,514
we would've had him
conflicted out.
271
00:14:29,582 --> 00:14:31,846
Turns out he didn't use that
knowledge to discredit her.
272
00:14:31,918 --> 00:14:34,648
Could have short-changed Munoz
out of loyalty to her?
273
00:14:34,720 --> 00:14:38,747
Not the Taradash I knew.
There's nothing to this.
274
00:14:38,824 --> 00:14:43,193
He put on a hell of a case.
12 expert witnesses.
275
00:14:43,262 --> 00:14:46,322
Three weeks of testimony.
Munoz got his money's worth.
276
00:14:46,399 --> 00:14:47,957
(PHONE RINGING)
277
00:14:49,068 --> 00:14:50,228
Yes?
278
00:14:50,303 --> 00:14:52,396
Much as we'd like to, we can't
sweep this under the rug.
279
00:14:52,471 --> 00:14:53,733
Munoz has to be notified.
280
00:14:53,806 --> 00:14:54,830
Right.
281
00:14:54,907 --> 00:14:56,397
Okay. Thanks.
282
00:14:57,310 --> 00:15:00,143
We just got run off
the high road by Teri Marks.
283
00:15:00,213 --> 00:15:03,080
Teri Marks.
Somebody I should know?
284
00:15:03,149 --> 00:15:04,946
She shared an office
with Taradash.
285
00:15:05,017 --> 00:15:08,953
She just filed a motion for a new
trial on behalf of Sal Munoz.
286
00:15:14,293 --> 00:15:17,660
MARKS: Mr. Munoz would like
to thank your detectives.
287
00:15:17,730 --> 00:15:19,698
If it weren't for them, I would've
never looked in Nick's files
288
00:15:19,765 --> 00:15:21,357
and found the conflict.
289
00:15:21,434 --> 00:15:23,629
Sixth Amendment violation.
Serious stuff.
290
00:15:23,703 --> 00:15:27,400
Only in your mind, Ms. Marks.
What do you want?
291
00:15:27,473 --> 00:15:29,703
What my client wants,
his freedom.
292
00:15:29,775 --> 00:15:31,538
He's been denied
parole three times.
293
00:15:31,611 --> 00:15:33,704
His next at-bat's
in two weeks.
294
00:15:33,779 --> 00:15:36,373
Support his application,
we'll drop this motion.
295
00:15:36,449 --> 00:15:40,317
Fine. Done. As long as
Ms. Costello agrees.
296
00:15:40,386 --> 00:15:41,717
Come on,
297
00:15:41,787 --> 00:15:46,053
Taradash shouldn't have gone near this
case without a waiver from Mr. Munoz.
298
00:15:46,125 --> 00:15:48,855
Of course, this was all
news to you, Mr. Munoz?
299
00:15:48,928 --> 00:15:52,227
That's right, man.
Taradash never told me.
300
00:15:52,298 --> 00:15:55,927
I'll do one better. Everyone knew
about the conflict except my client.
301
00:15:56,002 --> 00:15:57,333
Now it's a conspiracy.
302
00:15:57,403 --> 00:15:59,234
Against the Puerto Rican man,
baby.
303
00:15:59,305 --> 00:16:02,797
Mr. Munoz,
address yourself to me.
304
00:16:02,875 --> 00:16:04,467
Your client confessed.
305
00:16:04,543 --> 00:16:06,670
They didn't need a
conspiracy to convict him.
306
00:16:06,746 --> 00:16:09,874
This so-called conflict of interest
is nothing but a footnote.
307
00:16:09,949 --> 00:16:11,883
As if your opinion matters.
308
00:16:12,852 --> 00:16:16,720
Come on, Sal, I'll walk
you back to your bus.
309
00:16:16,789 --> 00:16:20,225
We got a call from The New
York Times this morning.
310
00:16:20,293 --> 00:16:22,727
You sent them a press release
about your motion?
311
00:16:22,795 --> 00:16:24,387
It's an important case.
312
00:16:24,463 --> 00:16:25,589
For your career.
313
00:16:31,337 --> 00:16:33,271
MARKS: The canons of ethics
are clear, Your Honor.
314
00:16:33,339 --> 00:16:35,307
A lawyer cannot
represent one client
315
00:16:35,374 --> 00:16:38,502
if he's limited by his
responsibilities to another client.
316
00:16:38,577 --> 00:16:42,809
Unless his client consents. Mr.
Munoz wasn't even aware of the conflict.
317
00:16:42,882 --> 00:16:46,682
Or he conveniently forgot
Taradash notified him.
318
00:16:46,752 --> 00:16:47,946
What's in the case record?
319
00:16:48,020 --> 00:16:49,385
The record is silent
on the subject.
320
00:16:49,455 --> 00:16:51,821
The record is incomplete.
Some transcripts are missing.
321
00:16:51,891 --> 00:16:53,756
Then let's fill in the gaps.
322
00:16:53,826 --> 00:16:56,420
Is the presiding judge still
available to give testimony?
323
00:16:56,495 --> 00:17:01,296
Yes, Your Honor. But Taradash's
conflict is hardly new evidence.
324
00:17:01,367 --> 00:17:04,734
With all due respect, it's not
grounds for enlarging the record.
325
00:17:04,804 --> 00:17:07,136
It is if I say it is.
326
00:17:07,206 --> 00:17:08,833
Taradash told me in chambers
327
00:17:08,908 --> 00:17:12,344
that he had represented
Ms. Costello on one occasion.
328
00:17:12,411 --> 00:17:15,039
But he believed that
his representation of Munoz
329
00:17:15,114 --> 00:17:16,445
wouldn't be adversely affected.
330
00:17:16,515 --> 00:17:19,678
And, of course, he showed you a
waiver signed by his client.
331
00:17:19,752 --> 00:17:20,980
No.
332
00:17:21,053 --> 00:17:25,319
I told him to consult with Munoz, and
to report back if there was a problem.
333
00:17:25,391 --> 00:17:26,483
And that's the last
I heard of it.
334
00:17:26,559 --> 00:17:28,493
MARKS: Judge Mallory,
why wasn't your conversation
335
00:17:28,561 --> 00:17:30,495
with Mr. Taradash
on the record?
336
00:17:30,563 --> 00:17:34,021
I'm sure it was. I can't explain
why it's not in the transcripts.
337
00:17:34,100 --> 00:17:36,830
And you didn't insist on a
signed waiver from Mr. Munoz?
338
00:17:36,902 --> 00:17:39,564
I admit I should've followed
through personally.
339
00:17:39,638 --> 00:17:42,129
But Taradash tried
a lot of cases before me.
340
00:17:42,208 --> 00:17:45,473
He was meticulous.
I'm sure it's all in his case files.
341
00:17:45,544 --> 00:17:47,569
Ms. Marks, have you checked?
342
00:17:47,646 --> 00:17:49,773
There is nothing in the
files about a waiver.
343
00:17:49,849 --> 00:17:52,283
Your Honor, much as we trust
Counsel's thoroughness,
344
00:17:52,351 --> 00:17:54,444
we'd like to examine
those files ourselves.
345
00:17:54,520 --> 00:17:55,646
Out of the question,
Your Honor.
346
00:17:55,721 --> 00:17:57,621
We're not waiving
attorney-client privilege.
347
00:17:57,690 --> 00:17:59,624
You put it into issue,
Ms. Marks.
348
00:17:59,692 --> 00:18:01,557
They're entitled to look.
349
00:18:01,627 --> 00:18:04,528
I'll appoint a special master
to search the files.
350
00:18:08,501 --> 00:18:12,164
Jack, I was on the phone
with the special master.
351
00:18:12,238 --> 00:18:15,298
Taradash was a neat freak.
He even saved his phone messages.
352
00:18:15,374 --> 00:18:17,899
But there's no mention
of a waiver.
353
00:18:17,977 --> 00:18:20,912
Even a pack rat like Nixon
was short 18 minutes.
354
00:18:20,980 --> 00:18:23,540
Someone doctored his file?
355
00:18:23,616 --> 00:18:27,575
After Taradash died, the files
were turned over to Munoz, right?
356
00:18:27,653 --> 00:18:31,282
He had them until after Marks called
him to inquire about a waiver.
357
00:18:31,357 --> 00:18:33,882
If there was one, Munoz could've
pulled it from his file.
358
00:18:33,959 --> 00:18:37,520
No way to even prove there was
a waiver in the first place.
359
00:18:38,731 --> 00:18:40,790
I checked our old files.
360
00:18:40,866 --> 00:18:47,032
Some of the return receipts from Taradash
were signed by a Marcella Klein.
361
00:18:47,106 --> 00:18:49,131
Secretary?
362
00:18:49,208 --> 00:18:52,473
Initials don't match
Taradash's correspondence.
363
00:18:52,545 --> 00:18:54,513
Klein could've been
a law clerk.
364
00:18:54,580 --> 00:18:56,946
Maybe she's entered
the profession since then.
365
00:19:00,820 --> 00:19:06,588
I was what nowadays you'd call a paralegal,
secretary's pay, lawyer's duties.
366
00:19:06,659 --> 00:19:09,651
But thanks to Mr. Taradash,
I became an attorney.
367
00:19:09,728 --> 00:19:13,027
To your knowledge,
did he ever inform Mr. Munoz
368
00:19:13,098 --> 00:19:15,191
that he had represented
Ms. Costello?
369
00:19:15,267 --> 00:19:20,034
He specifically told me he did.
He said Mr. Munoz couldn't care less.
370
00:19:20,105 --> 00:19:21,595
Thank you.
371
00:19:21,674 --> 00:19:23,335
You weren't present
372
00:19:23,409 --> 00:19:25,400
when Mr. Taradash
spoke with my client?
373
00:19:25,478 --> 00:19:26,502
KLEIN: No.
374
00:19:26,579 --> 00:19:29,446
In fact, you refused to attend
meetings with my client.
375
00:19:29,515 --> 00:19:33,246
Well, he made me uncomfortable.
376
00:19:33,319 --> 00:19:36,914
Mr. Taradash share your
feelings about Mr. Munoz?
377
00:19:36,989 --> 00:19:40,425
Mr. Taradash kept his feelings
separate from his professional duties.
378
00:19:40,493 --> 00:19:46,693
So we shouldn't read anything into the fact
that he let an all-white jury be impaneled?
379
00:19:46,765 --> 00:19:49,825
All-white juries were
commonplace in 1965.
380
00:19:49,902 --> 00:19:52,962
Or that he never brought up Ms.
Costello's criminal activities?
381
00:19:53,038 --> 00:19:55,268
KLEIN: It was moot.
Mr. Munoz confessed.
382
00:19:55,341 --> 00:19:57,275
Or that he never challenged
that confession?
383
00:19:57,343 --> 00:20:00,608
He believed it supported
an insanity defense.
384
00:20:00,679 --> 00:20:02,408
It was his strategy
to let it stand.
385
00:20:02,481 --> 00:20:05,882
An effective strategy, if he
wanted his client convicted.
386
00:20:05,951 --> 00:20:07,384
That's ridiculous.
387
00:20:07,453 --> 00:20:09,284
He believed Mr.
Munoz belonged in a hospital.
388
00:20:09,355 --> 00:20:11,619
And he fought like hell
to get him there.
389
00:20:13,392 --> 00:20:14,950
His loyalties were split,
Your Honor,
390
00:20:15,027 --> 00:20:17,552
between his former client,
a popular young woman,
391
00:20:17,630 --> 00:20:19,689
and the man accused
of brutally attacking her,
392
00:20:19,765 --> 00:20:22,666
a nuisance client, that the
court dumped into his lap.
393
00:20:22,735 --> 00:20:24,703
No one could expect him
to be impartial.
394
00:20:24,770 --> 00:20:26,897
The trial judge did,
and so did Mr. Munoz.
395
00:20:26,972 --> 00:20:29,497
We heard testimony he was
informed of the conflict.
396
00:20:29,575 --> 00:20:32,874
Mr. McCoy, if he was informed, why did
he wait 30 years to seek a new trial?
397
00:20:32,945 --> 00:20:35,778
Maybe because he didn't realize he
could until Ms. Marks told him.
398
00:20:35,848 --> 00:20:37,406
MARKS: Assume
he did give a waiver.
399
00:20:37,483 --> 00:20:41,510
He has a grade six education, he will
do anything his lawyer tells him to.
400
00:20:41,587 --> 00:20:43,782
The Judge should've looked
out for his interests,
401
00:20:43,856 --> 00:20:46,347
he should've advised
Mr. Taradash to withdraw.
402
00:20:46,425 --> 00:20:49,519
The verdict wouldn't have been any
different with another lawyer.
403
00:20:49,595 --> 00:20:51,893
Everything Mr. Taradash
did was proper.
404
00:20:51,964 --> 00:20:53,329
All right, Mr. McCoy.
405
00:20:55,034 --> 00:20:58,595
The canons compel us to avoid even
the appearance of impropriety.
406
00:20:58,671 --> 00:21:02,232
Since there's no record of any waiver,
I can't assume one was given.
407
00:21:03,309 --> 00:21:07,177
I'm setting aside the verdict and
granting the motion for a new trial.
408
00:21:10,950 --> 00:21:14,113
We had to pull the one judge who
reads the canons with a microscope.
409
00:21:14,186 --> 00:21:16,984
Yeah. Marks is peddling
her offer again.
410
00:21:17,056 --> 00:21:18,819
They'll plead out
if we support parole.
411
00:21:18,891 --> 00:21:20,119
Not in my lifetime.
412
00:21:20,192 --> 00:21:22,592
A new trial, Adam?
30-year-old evidence.
413
00:21:22,661 --> 00:21:24,652
Witnesses gone who knows where.
414
00:21:24,730 --> 00:21:26,698
You have the victim
and the confession.
415
00:21:26,765 --> 00:21:28,733
Do you want me to
gift-wrap it for you?
416
00:21:28,801 --> 00:21:31,736
He's almost 60.
The jury might think he's rehabilitated,
417
00:21:31,804 --> 00:21:33,203
even harmless.
418
00:21:33,272 --> 00:21:38,209
Munoz just crawled halfway out the
hole we dug for him 30 years ago.
419
00:21:38,277 --> 00:21:41,405
You hit him with a shovel before
he crawls all the way out.
420
00:21:46,719 --> 00:21:51,713
CLERK: "Case number 23049 of '65, People v.
Salvatore Munoz
421
00:21:51,790 --> 00:21:54,088
"One count attempted murder
in the second degree.
422
00:21:54,159 --> 00:21:56,457
"One count rape
in the first degree."
423
00:21:56,528 --> 00:22:00,624
Mr. Morean, remind me to check the
warranty on my hearing aid, will you?
424
00:22:00,699 --> 00:22:02,496
I heard you say '65.
425
00:22:02,568 --> 00:22:05,833
It is a 1965 case, Your Honor.
Remanded for a new trial.
426
00:22:05,904 --> 00:22:10,273
After 30 years?
Hats off, Mr. Munoz.
427
00:22:10,342 --> 00:22:16,440
Let's see. You originally pleaded not guilty
by reason of mental disease or defect.
428
00:22:16,515 --> 00:22:17,743
You sticking with that plea?
429
00:22:17,816 --> 00:22:19,511
My client's amending it
to not guilty.
430
00:22:19,585 --> 00:22:21,485
Your Honor,
we ask bail be denied.
431
00:22:21,553 --> 00:22:23,350
Mr. Munoz confessed
to the crime.
432
00:22:23,422 --> 00:22:25,720
He already served 30 years.
He's earned a little R&R.
433
00:22:25,791 --> 00:22:27,418
Ms. Marks, I don't really care
434
00:22:27,493 --> 00:22:30,656
how much cigarette money he may
have saved over the years,
435
00:22:30,729 --> 00:22:34,597
he's staying put.
Bail is denied. Next.
436
00:22:37,803 --> 00:22:39,930
CLERK: "Case number 93564..."
437
00:22:40,005 --> 00:22:42,132
Bail for a confessed rapist?
438
00:22:42,207 --> 00:22:43,936
You must've had a double dose
of Wheaties this morning.
439
00:22:44,009 --> 00:22:48,070
I skipped breakfast so I could file this early.
Motion for suppression.
440
00:22:48,147 --> 00:22:51,275
My client wasn't given his
rights before he was questioned.
441
00:22:51,350 --> 00:22:54,114
You kiss that confession
goodbye, Ms. Kincaid.
442
00:22:55,854 --> 00:22:56,980
Mr. Costello...
443
00:22:57,056 --> 00:22:59,616
I had to see it for myself.
444
00:22:59,692 --> 00:23:03,958
My daughter's scared out of her mind
that monster will show up at our door.
445
00:23:04,029 --> 00:23:05,428
We'll make sure
that never happens.
446
00:23:05,497 --> 00:23:09,900
They swore the only way
he'd get out is in a box.
447
00:23:09,968 --> 00:23:12,459
How could you let this happen?
448
00:23:20,579 --> 00:23:23,514
MARKS: My client was grilled for
six hours without an attorney
449
00:23:23,582 --> 00:23:25,209
before signing a confession.
450
00:23:25,284 --> 00:23:28,344
He was never given any warnings
about his right to counsel
451
00:23:28,420 --> 00:23:29,853
nor his right to remain silent.
452
00:23:29,922 --> 00:23:32,891
In 1965 he wasn't entitled
to any warnings.
453
00:23:32,958 --> 00:23:36,689
The Supreme Court didn't decide
Miranda until 1966.
454
00:23:36,762 --> 00:23:40,254
Miranda landed on the court's
desk in the fall of 1965.
455
00:23:40,332 --> 00:23:43,062
Any competent attorney in the
country would've known about it.
456
00:23:43,135 --> 00:23:44,602
Any competent attorney
457
00:23:44,670 --> 00:23:48,367
would've delayed my client's proceedings
long enough to see how the court ruled.
458
00:23:48,440 --> 00:23:53,844
Mr. Taradash filed 27 pretrial motions
attacking the State's evidence.
459
00:23:53,912 --> 00:23:55,846
His competency is
not in question.
460
00:23:55,914 --> 00:23:59,645
Besides, it's irrelevant.
Miranda isn't retroactive.
461
00:23:59,718 --> 00:24:03,381
It's not grounds for appeal for
every felon convicted before then.
462
00:24:03,455 --> 00:24:05,582
I'm not talking about
every felon.
463
00:24:05,657 --> 00:24:06,885
I'm talking about a case
464
00:24:06,959 --> 00:24:10,156
where there is the possibility
of a conflict of interest.
465
00:24:10,229 --> 00:24:11,719
The confession
was never challenged.
466
00:24:11,797 --> 00:24:15,130
Then challenge it under the
laws as they existed in 1965.
467
00:24:15,200 --> 00:24:16,189
I've read them, Your Honor.
468
00:24:16,268 --> 00:24:19,965
I bet even Clarence Darrow couldn't
get this confession suppressed.
469
00:24:20,038 --> 00:24:24,338
Mr. McCoy, I don't know what a
judge would've done in 1965,
470
00:24:24,409 --> 00:24:27,503
but in 1995, there is an
irrebuttable presumption
471
00:24:27,579 --> 00:24:29,877
that any confession taken
without Miranda warnings
472
00:24:29,948 --> 00:24:33,247
is involuntary
and therefore inadmissible.
473
00:24:33,318 --> 00:24:36,378
I'm granting the motion.
The confession is out.
474
00:24:38,290 --> 00:24:41,953
I'm supposed to waste two
detectives on a 30-year-old case?
475
00:24:42,027 --> 00:24:44,257
We're already behind
on last month.
476
00:24:44,329 --> 00:24:45,762
The judge kicked
the confession.
477
00:24:45,831 --> 00:24:48,857
McCoy's counting on you guys to turn
this sludge back into chicken salad.
478
00:24:48,934 --> 00:24:51,494
This guy's already served twice
what the Chambers kid got
479
00:24:51,570 --> 00:24:53,231
for killing that girl
in Central Park.
480
00:24:53,305 --> 00:24:56,240
Munoz gets out, Detective,
he can sleep on your couch.
481
00:24:56,308 --> 00:24:58,469
Now, we'll need the witness
who ID'd Munoz in a line-up.
482
00:24:58,544 --> 00:25:00,978
One of Cookie's neighbors.
She only saw the guy in the area.
483
00:25:01,046 --> 00:25:02,377
The evidence is very thin.
484
00:25:02,447 --> 00:25:04,005
What about the knife
they found on Munoz?
485
00:25:04,082 --> 00:25:06,380
Lost in the department's
Bermuda Triangle.
486
00:25:06,451 --> 00:25:09,818
Zip on forensics,
no hairs, fibers or prints.
487
00:25:09,888 --> 00:25:11,549
Tell me they did a rape kit.
488
00:25:11,623 --> 00:25:14,057
They blood-typed the semen.
A-negative, same as Munoz.
489
00:25:14,126 --> 00:25:16,117
Along with three million
other New Yorkers.
490
00:25:16,195 --> 00:25:17,856
This is what they went
to court with?
491
00:25:17,930 --> 00:25:19,864
Cookie's father kept her dress.
492
00:25:19,932 --> 00:25:21,763
Maybe the lab can do
something with that.
493
00:25:21,834 --> 00:25:22,994
Get it to Forensics,
494
00:25:23,068 --> 00:25:26,435
and make a list of everyone who had
an apartment facing that alley.
495
00:25:30,175 --> 00:25:32,769
I said everything I had to say
to the police 30 years ago.
496
00:25:32,845 --> 00:25:35,507
We know what you said to your neighbor, Mrs.
Baker, three years later.
497
00:25:35,581 --> 00:25:37,344
We just talked to her.
498
00:25:37,416 --> 00:25:40,476
Yeah, you told her you saw the whole
thing from your bedroom window.
499
00:25:40,552 --> 00:25:43,112
That old bat doesn't know
what she's talking about.
500
00:25:43,188 --> 00:25:44,655
I was asleep
in the living room.
501
00:25:44,723 --> 00:25:48,489
Mrs. Santoro, I don't know what they
did with people like you 30 years ago.
502
00:25:48,560 --> 00:25:51,495
Procedure now is, they throw
you in jail for contempt.
503
00:25:51,563 --> 00:25:53,121
But I didn't see anything.
504
00:25:53,198 --> 00:25:55,962
This guy Munoz still knows
how to swing a knife.
505
00:25:56,034 --> 00:25:59,060
You want him out there on the
same streets as your daughter?
506
00:26:01,039 --> 00:26:04,270
I swear, I couldn't tell
he was stabbing her.
507
00:26:04,343 --> 00:26:05,867
What did you think
he was doing?
508
00:26:05,944 --> 00:26:07,377
Just hitting her.
509
00:26:08,380 --> 00:26:10,371
I heard next morning...
510
00:26:12,084 --> 00:26:13,847
Anyway, they caught the guy.
511
00:26:13,919 --> 00:26:15,477
Well, how much did you see?
512
00:26:15,554 --> 00:26:17,181
Not much.
513
00:26:18,156 --> 00:26:23,093
Must've been at the window maybe 10 seconds.
Saw his face.
514
00:26:24,596 --> 00:26:27,497
I thought Cookie was just fighting with
one of her sleazy boyfriends again.
515
00:26:27,566 --> 00:26:29,397
Yeah? Why's that?
516
00:26:29,468 --> 00:26:31,868
Cookie's what
we used to call easy.
517
00:26:31,937 --> 00:26:33,427
Every month,
different low-life.
518
00:26:33,505 --> 00:26:36,065
So she had it coming, huh?
519
00:26:36,141 --> 00:26:38,234
I'm not saying that.
520
00:26:38,310 --> 00:26:41,074
But the papers made her out
to be this sweet young girl
521
00:26:41,146 --> 00:26:42,909
with the bad neighbors.
522
00:26:42,981 --> 00:26:46,075
She's the one that didn't
belong in a family building.
523
00:26:46,151 --> 00:26:47,641
HOECK: Nice piece
of workmanship.
524
00:26:47,719 --> 00:26:49,653
Too bad it wasn't
made of armor.
525
00:26:49,721 --> 00:26:52,383
We got punctures in the fabric
from a single-edged knife.
526
00:26:52,457 --> 00:26:54,652
Blood stains typed
and matched to the victim.
527
00:26:54,726 --> 00:26:56,421
Small quantity of dried semen.
528
00:26:56,495 --> 00:26:58,725
After 30 years,
you can ID the owner?
529
00:26:58,797 --> 00:27:02,358
Drying actually preserves the DNA.
Ran a PCR on it.
530
00:27:02,434 --> 00:27:04,527
Matches the blood sample
we got from Mr. Munoz.
531
00:27:04,603 --> 00:27:07,629
Oh, lucky us.
Nowadays he'd be packing latex.
532
00:27:07,706 --> 00:27:11,335
Here's the problem. I picked up more
DNA on the lower part of the dress.
533
00:27:11,410 --> 00:27:13,503
Doesn't match the vic or Munoz.
534
00:27:13,578 --> 00:27:15,808
What's it from? Blood or semen?
Can't tell yet.
535
00:27:15,881 --> 00:27:17,974
It's mixed in with the other fluids.
I'll keep you posted.
536
00:27:18,050 --> 00:27:21,349
All right, thanks.
A third party?
537
00:27:21,420 --> 00:27:23,388
You think Munoz had
an accomplice?
538
00:27:23,455 --> 00:27:26,151
Or Cookie had a quick one
on the way home from work.
539
00:27:26,224 --> 00:27:29,057
Either way, we better find out
before Munoz and his lawyer do.
540
00:27:29,127 --> 00:27:32,187
What'd you want to do, ask her
priest what she said at confession?
541
00:27:32,264 --> 00:27:35,062
Better, her bartender.
She was working at the Franklin Pub.
542
00:27:35,133 --> 00:27:36,532
Yeah, assuming
it's still in business.
543
00:27:36,601 --> 00:27:39,035
I'm here to tell you it is.
544
00:27:39,104 --> 00:27:42,767
Started here 32 years ago.
Finally bought the place in '73.
545
00:27:42,841 --> 00:27:44,001
(TECHNO MUSIC PLAYING)
546
00:27:44,076 --> 00:27:49,673
Now I'm looking to cash in. You interested?
Hey, cops and bars, made in heaven.
547
00:27:49,748 --> 00:27:53,047
Excuse me. I always did
want to own a bar.
548
00:27:53,118 --> 00:27:56,952
Place is a goldmine, Lennie.
Ten guys to every guy.
549
00:27:57,022 --> 00:27:59,320
Yeah, when I used to come in
here, it was all guys, too,
550
00:27:59,391 --> 00:28:00,983
except we had
the Giants game on.
551
00:28:01,059 --> 00:28:04,426
So why the interest
in Cookie Costello?
552
00:28:04,496 --> 00:28:07,590
Sal Munoz is up
for a new trial.
553
00:28:07,666 --> 00:28:08,724
How'd that happen?
554
00:28:08,800 --> 00:28:09,960
It's a technicality.
555
00:28:10,035 --> 00:28:12,265
Anyway, we need some
background on Cookie.
556
00:28:12,337 --> 00:28:13,998
Now, we heard she had
a lot of boyfriends.
557
00:28:14,072 --> 00:28:15,699
Hey, that's a crime?
558
00:28:15,774 --> 00:28:19,642
She was 22, had a nice figure, might
as well put some miles on it, huh?
559
00:28:19,711 --> 00:28:22,942
Was there anyone special she might've
been intimate with that night?
560
00:28:23,015 --> 00:28:25,245
No, no, no.
She was here the whole time.
561
00:28:25,317 --> 00:28:27,683
Look, the girl liked
to have fun.
562
00:28:27,753 --> 00:28:29,345
But the last week she was here,
563
00:28:29,421 --> 00:28:30,683
she was getting
her act together.
564
00:28:30,756 --> 00:28:33,486
She stopped smoking,
stopped drinking, gambling.
565
00:28:33,558 --> 00:28:38,791
Hey, maybe she caught Billy Graham on TV.
Excuse me.
566
00:28:38,864 --> 00:28:43,301
My experience, there's only two reasons
why a woman drops her bad habits:
567
00:28:43,368 --> 00:28:44,835
One, a new man...
568
00:28:44,903 --> 00:28:46,029
Or a baby.
569
00:28:46,104 --> 00:28:48,095
She was stabbed in the
lower abdomen, right?
570
00:28:48,173 --> 00:28:51,472
The other DNA could've come
from a baby she was carrying.
571
00:28:51,543 --> 00:28:55,070
Now, the question is, why didn't the
doctors who patched her up catch it?
572
00:28:55,147 --> 00:28:56,171
Maybe they did.
573
00:28:56,248 --> 00:29:00,241
Maybe it was filed in the police report
right next to her gambling conviction.
574
00:29:05,724 --> 00:29:09,387
Every time one of you people shows
up at my door, it's bad news.
575
00:29:18,070 --> 00:29:22,268
I had only found out about it
a week before. Nobody knew.
576
00:29:24,743 --> 00:29:29,806
I was scared. I was single.
My parents were very traditional.
577
00:29:30,982 --> 00:29:34,679
Back then, girls in my situation didn't
have the choices they have today.
578
00:29:34,753 --> 00:29:37,916
You asked the police to leave
it out of their report?
579
00:29:37,989 --> 00:29:39,718
No. They didn't know.
580
00:29:39,791 --> 00:29:40,849
But the doctors said that...
581
00:29:40,926 --> 00:29:43,861
My father was there
when they brought me in.
582
00:29:45,664 --> 00:29:47,928
The doctors told him
about the baby.
583
00:29:49,267 --> 00:29:53,465
He asked them if they could
keep it secret, for my sake.
584
00:29:53,538 --> 00:29:55,335
Never even told my mother.
585
00:29:57,976 --> 00:30:00,706
People will have to know
about it now, won't they?
586
00:30:00,779 --> 00:30:03,213
Well, that's possible.
587
00:30:05,250 --> 00:30:06,842
What about the baby's father?
588
00:30:06,918 --> 00:30:09,250
I never told him.
He was married.
589
00:30:11,323 --> 00:30:13,223
We might need his name.
590
00:30:16,161 --> 00:30:17,651
Bobby Farina.
591
00:30:25,103 --> 00:30:26,661
She was having
an affair with him.
592
00:30:26,738 --> 00:30:28,205
It lasted less than two weeks.
593
00:30:28,273 --> 00:30:30,764
She was ashamed.
That's why she never said anything.
594
00:30:30,842 --> 00:30:34,471
Issue is, how much does
the other side know.
595
00:30:34,546 --> 00:30:37,174
JACK: She's been very good
about keeping her secret.
596
00:30:37,249 --> 00:30:40,377
Have to assume Taradash didn't know.
And neither does Marks.
597
00:30:40,452 --> 00:30:42,420
CLAIRE: You're thinking
of not telling Marks?
598
00:30:42,487 --> 00:30:44,478
Well, we have to release the
forensics report on the dress.
599
00:30:44,556 --> 00:30:46,649
So then they'll know
she was pregnant.
600
00:30:46,725 --> 00:30:48,454
Who the father was
is none of their business.
601
00:30:48,527 --> 00:30:51,792
Ms. Kincaid, do you think
we ought to tell them?
602
00:30:51,897 --> 00:30:53,558
We're required to
under Rosario.
603
00:30:53,632 --> 00:30:57,398
Only if we put her on the stand.
And we're not going to.
604
00:30:57,469 --> 00:31:00,131
Even so, it's exculpatory.
605
00:31:00,205 --> 00:31:02,799
It points to a credible
alternative theory of the crime.
606
00:31:02,874 --> 00:31:06,401
I see. Farina was furious
that she was pregnant.
607
00:31:06,478 --> 00:31:10,244
He attacked her. Killed her unborn baby.
Left her for dead.
608
00:31:10,315 --> 00:31:11,942
CLAIRE: It might sound
credible to a jury.
609
00:31:12,017 --> 00:31:15,509
And Munoz comes along and rapes her.
Still credible?
610
00:31:15,587 --> 00:31:18,818
Maybe not, but I'd err on the side of
caution and turn over what we know.
611
00:31:18,890 --> 00:31:22,883
And give this three-time rapist
a chance to bluff a jury?
612
00:31:22,961 --> 00:31:24,690
That can't be a consideration.
613
00:31:24,763 --> 00:31:25,957
ADAM: Oh, it sure as hell can.
614
00:31:26,031 --> 00:31:27,965
At the risk of committing
reversible error?
615
00:31:28,033 --> 00:31:29,864
How many times do we
want to retry Munoz?
616
00:31:29,935 --> 00:31:32,768
As many times as it takes.
617
00:31:32,837 --> 00:31:38,173
We're legally, morally and ethically
entitled to keep this information from him.
618
00:31:38,243 --> 00:31:40,939
And that's exactly
what we're gonna do.
619
00:31:44,082 --> 00:31:47,051
HOECK: The substance was made up
of blood plasma, lipids and cells,
620
00:31:47,118 --> 00:31:49,416
a mixture consistent
with amniotic fluid.
621
00:31:49,487 --> 00:31:51,853
This led me to conclude
Ms. Costello was pregnant.
622
00:31:51,923 --> 00:31:55,825
What can you tell us about the DNA
from the semen you found on the dress?
623
00:31:55,894 --> 00:31:57,191
HOECK: I did a PCR test.
624
00:31:57,262 --> 00:32:00,129
The DNA matched the defendant's
on all 21 combination
625
00:32:00,198 --> 00:32:01,460
of genetic markers.
626
00:32:01,533 --> 00:32:04,263
And what are the odds
that the semen on the dress
627
00:32:04,336 --> 00:32:06,600
came from someone
other than Mr. Munoz?
628
00:32:06,671 --> 00:32:08,195
About one in 200.
629
00:32:08,273 --> 00:32:09,570
JACK: Thank you.
630
00:32:11,676 --> 00:32:16,079
One in 200 in a city
of eight million?
631
00:32:17,282 --> 00:32:22,276
Doesn't sound that impressive.
Isn't there a more exact DNA test?
632
00:32:22,354 --> 00:32:26,085
The RFLP, but there wasn't enough
semen on the dress to do that test.
633
00:32:26,157 --> 00:32:28,751
You testified that this dress
634
00:32:28,827 --> 00:32:33,389
wasn't kept in the police evidence room
over the last 30 years, is that correct?
635
00:32:33,465 --> 00:32:35,160
HOECK: Yes.
It was returned to the victim.
636
00:32:35,233 --> 00:32:37,599
So you can't be sure
637
00:32:37,669 --> 00:32:40,604
this is the dress Ms. Costello
was attacked in, can you?
638
00:32:40,672 --> 00:32:43,038
We have a photograph of the dress
taken right after the attack.
639
00:32:43,108 --> 00:32:45,269
This appears to be
the same dress.
640
00:32:45,343 --> 00:32:47,311
Would you bet
your reputation on it?
641
00:32:48,647 --> 00:32:49,875
No.
642
00:32:51,950 --> 00:32:58,321
I saw him from the back, moving
his arms and then he looked up.
643
00:32:58,390 --> 00:33:00,381
Is the man you saw here today?
644
00:33:00,458 --> 00:33:04,861
Yes. That's him
sitting right there.
645
00:33:05,563 --> 00:33:09,499
Let the record show that the
witness pointed at the defendant.
646
00:33:09,567 --> 00:33:12,127
Thank you, Mrs. Santoro.
No more questions.
647
00:33:15,006 --> 00:33:19,466
I just want to make sure
I have this right.
648
00:33:19,544 --> 00:33:23,708
After 30 years your conscience
suddenly drove you to call the police?
649
00:33:23,782 --> 00:33:25,511
MRS. SANTORO:
No. They came to me.
650
00:33:25,583 --> 00:33:28,450
MARKS: You just volunteered
what you knew?
651
00:33:28,520 --> 00:33:31,489
They said I could be charged
with contempt if I didn't.
652
00:33:33,758 --> 00:33:39,287
Over the years, you'd read
newspaper accounts of the crime,
653
00:33:39,364 --> 00:33:42,595
you'd seen pictures
of my client?
654
00:33:42,667 --> 00:33:44,032
MRS. SANTORO:
Yeah, I suppose so.
655
00:33:44,102 --> 00:33:46,798
MARKS: Then isn't it possible,
under pressure from the police,
656
00:33:46,871 --> 00:33:51,831
that you confused those photos with
the man that you glimpsed in 1965?
657
00:33:51,910 --> 00:33:55,539
Oh, I don't know.
I don't think so.
658
00:33:57,682 --> 00:33:59,343
I'm just trying to do
the right thing here.
659
00:33:59,417 --> 00:34:02,511
My client should rot in jail
just so you can sleep at night?
660
00:34:04,322 --> 00:34:06,017
No more questions.
661
00:34:09,027 --> 00:34:13,054
Mr. Munoz was picked up on a traffic
stop for a broken tail light.
662
00:34:14,399 --> 00:34:18,392
When I searched his car, I found
a switchblade in the glove box.
663
00:34:19,637 --> 00:34:23,698
I saw what looked like
dried blood on the handle.
664
00:34:23,775 --> 00:34:27,643
Without revealing the contents
of the interrogation,
665
00:34:27,712 --> 00:34:31,773
tell us what opinion you formed as to Mr.
Munoz's guilt.
666
00:34:31,850 --> 00:34:34,478
I was convinced he was our guy.
667
00:34:39,557 --> 00:34:43,755
What convinced you, Detective?
The fact that he was Puerto Rican?
668
00:34:43,828 --> 00:34:46,092
He fit the description we had.
669
00:34:46,164 --> 00:34:50,624
Hispanic male driving
a beige car.
670
00:34:50,702 --> 00:34:54,263
How many people fit
that very unique profile?
671
00:34:54,339 --> 00:34:58,639
I wouldn't know. But a witness
picked Munoz out of a line-up.
672
00:34:58,710 --> 00:35:04,342
A line-up consisting of my client and
five Irish cops, isn't that right?
673
00:35:05,483 --> 00:35:07,974
I didn't ask
their ethnic origins.
674
00:35:08,052 --> 00:35:10,714
But we followed procedure
right down the line.
675
00:35:10,789 --> 00:35:13,587
Wouldn't proper procedure
have led you to investigate
676
00:35:13,658 --> 00:35:16,491
Ms. Costello's
gambling associates?
677
00:35:16,561 --> 00:35:17,585
LANDIS: No.
678
00:35:17,662 --> 00:35:20,062
How about the fact that she was
pregnant when she was attacked?
679
00:35:20,131 --> 00:35:22,463
We didn't know she was pregnant.
She didn't tell us.
680
00:35:22,534 --> 00:35:26,561
Now that you know, do the six
stab wounds to her lower abdomen
681
00:35:26,638 --> 00:35:29,004
acquire a new
significance to you?
682
00:35:29,073 --> 00:35:30,131
They might.
683
00:35:30,208 --> 00:35:31,766
MARKS: You're thinking
whoever attacked her
684
00:35:31,843 --> 00:35:35,939
did so with the intention of ending
her pregnancy, isn't that right?
685
00:35:36,014 --> 00:35:38,107
There's no facts
to support that.
686
00:35:38,183 --> 00:35:43,246
Detective, the only reason we have no facts
is that you never bothered to collect any.
687
00:35:43,321 --> 00:35:45,687
Withdrawn. No more questions.
688
00:35:48,460 --> 00:35:50,485
Marks is killing us.
689
00:35:50,562 --> 00:35:51,620
Yeah.
690
00:35:51,696 --> 00:35:56,929
We've got to put her on, Adam.
The jury needs to hear her.
691
00:35:57,001 --> 00:35:59,367
We'll have to disclose
that Farina's the father.
692
00:35:59,437 --> 00:36:02,565
No choice.
Marks is vilifying her.
693
00:36:02,640 --> 00:36:04,039
If we don't call her
as a witness,
694
00:36:04,108 --> 00:36:07,305
the jury will assume
we've got something to hide.
695
00:36:09,447 --> 00:36:13,315
Put her on the witness list.
Those the old files?
696
00:36:13,384 --> 00:36:14,510
Yeah.
697
00:36:19,858 --> 00:36:23,021
It won't be pretty.
Marks'll have a field day with Costello.
698
00:36:23,094 --> 00:36:25,858
Unless we inoculate the jury.
699
00:36:25,930 --> 00:36:28,455
We do it to her
before Marks does?
700
00:36:28,533 --> 00:36:30,125
Ask the L.A. Prosecutors,
701
00:36:30,201 --> 00:36:33,500
don't they wish they'd pulled
the pin on the Fuhrman grenade?
702
00:36:37,709 --> 00:36:39,506
COOKIE: I mean,
just before I parked,
703
00:36:39,577 --> 00:36:43,673
I noticed this beige car
in my rear view
704
00:36:44,883 --> 00:36:46,441
and then I got out.
705
00:36:47,318 --> 00:36:51,516
The rest is just a blank.
I woke up in the hospital.
706
00:36:51,589 --> 00:36:53,750
Please describe your injuries.
707
00:36:53,825 --> 00:36:58,626
The doctors told me
I had 14 stab wounds,
708
00:36:58,696 --> 00:37:03,463
in my throat, my chest,
arms and stomach.
709
00:37:05,003 --> 00:37:08,131
I can't have
children of my own.
710
00:37:10,341 --> 00:37:12,673
They told me I was raped.
711
00:37:12,744 --> 00:37:17,010
JACK: Could you describe your
social life before this attack?
712
00:37:17,081 --> 00:37:21,074
I had a lot of boyfriends.
I liked the attention.
713
00:37:22,353 --> 00:37:24,321
I was young, I was pretty.
714
00:37:25,323 --> 00:37:27,655
I wasn't worried
about the future.
715
00:37:29,494 --> 00:37:31,553
Sometimes, I made mistakes.
716
00:37:31,629 --> 00:37:32,823
Please explain that.
717
00:37:35,900 --> 00:37:37,424
I got pregnant
718
00:37:39,037 --> 00:37:42,234
from this man, Bobby Farina.
719
00:37:44,742 --> 00:37:47,176
He was married.
720
00:37:47,245 --> 00:37:49,236
I never told him
because I didn't know
721
00:37:49,314 --> 00:37:52,681
if I was gonna keep the baby
or give it up for adoption.
722
00:37:54,118 --> 00:37:55,813
JACK: And you never
told the police?
723
00:37:56,688 --> 00:38:00,556
No. I was ashamed.
724
00:38:02,961 --> 00:38:05,452
After all the other
stupid things I'd done.
725
00:38:05,530 --> 00:38:06,656
You mean your arrest?
726
00:38:06,731 --> 00:38:09,996
Yes. For bookmaking.
727
00:38:11,135 --> 00:38:13,695
I gambled.
728
00:38:13,771 --> 00:38:20,199
And sometimes, I worked for my
bookie to pay off my debts.
729
00:38:20,278 --> 00:38:22,303
It was very foolish.
730
00:38:23,381 --> 00:38:25,906
I wasn't a career woman.
731
00:38:25,984 --> 00:38:30,614
The way I grew up,
family is everything.
732
00:38:33,424 --> 00:38:38,191
That's impossible now,
because of him.
733
00:38:40,231 --> 00:38:41,596
JACK: Thank you.
734
00:38:45,737 --> 00:38:49,332
I'm very sorry about your injuries, Ms.
Costello.
735
00:38:49,407 --> 00:38:52,399
I just have a few questions.
736
00:38:52,477 --> 00:38:58,416
The father of your child, Bobby
Farina, what did he do for a living?
737
00:38:58,483 --> 00:39:02,476
He worked for my bookie.
He collected debts.
738
00:39:02,553 --> 00:39:06,717
Were you aware that he'd been
convicted of violent felonies?
739
00:39:08,126 --> 00:39:11,118
I knew he'd got into trouble
because of his temper.
740
00:39:11,195 --> 00:39:16,428
And you knew that he wouldn't be
overjoyed by the news of your pregnancy?
741
00:39:16,501 --> 00:39:18,594
That's why I didn't tell him.
742
00:39:19,771 --> 00:39:23,901
Well, you just said it was because you
weren't sure about keeping the baby.
743
00:39:23,975 --> 00:39:26,569
COOKIE: Well, it was
for both reasons.
744
00:39:28,813 --> 00:39:32,442
When the police questioned you
recently about Mr. Farina,
745
00:39:32,517 --> 00:39:34,985
you denied knowing him,
isn't that so?
746
00:39:35,053 --> 00:39:37,749
Yes. But I'm not lying now.
747
00:39:37,822 --> 00:39:40,154
I never told him
about the baby.
748
00:39:40,224 --> 00:39:42,920
Because you were afraid
of what he might do to you?
749
00:39:44,529 --> 00:39:45,723
Yes.
750
00:39:47,098 --> 00:39:51,000
But, in fact, Ms. Costello,
you did tell him, didn't you?
751
00:39:51,069 --> 00:39:52,798
No. You threatened
to tell his wife
752
00:39:52,870 --> 00:39:54,804
unless he gave you
money for an abortion.
753
00:39:54,872 --> 00:39:57,272
That's not true.
I am a good Catholic.
754
00:39:57,341 --> 00:39:59,104
I would never do
a thing like that!
755
00:39:59,177 --> 00:40:02,772
You mean the kind of good Catholic
who gets arrested for bookmaking,
756
00:40:02,847 --> 00:40:04,678
who commits adultery
with felons?
757
00:40:04,749 --> 00:40:06,774
Objection.
Sustained.
758
00:40:06,851 --> 00:40:08,546
Tone it down, Ms. Marks.
759
00:40:08,619 --> 00:40:10,951
I am not a bad person!
760
00:40:11,022 --> 00:40:12,614
But Bobby Farina is.
761
00:40:12,690 --> 00:40:17,024
He stabbed you in the stomach and
killed your unborn child, didn't he?
762
00:40:17,095 --> 00:40:19,290
He is the one
who tried to kill me.
763
00:40:19,363 --> 00:40:20,387
MARKS: How would you know?
764
00:40:20,465 --> 00:40:22,399
You never saw your attacker.
765
00:40:22,467 --> 00:40:24,025
When you came to
in the hospital,
766
00:40:24,102 --> 00:40:26,832
the police told you
Sal Munoz was the one.
767
00:40:26,904 --> 00:40:30,135
And you went along with it because
you knew if you accused Bobby
768
00:40:30,208 --> 00:40:32,642
that he would come back and
finish the job, wouldn't he?
769
00:40:32,710 --> 00:40:33,734
Please stop it.
770
00:40:33,811 --> 00:40:35,369
The police framed my client
771
00:40:35,446 --> 00:40:38,176
and you kept your mouth
shut for 30 years.
772
00:40:38,249 --> 00:40:40,217
Please stop.
Even when the police told you
773
00:40:40,284 --> 00:40:45,244
that Mr. Farina was a suspect, you
still denied knowing him, didn't you?
774
00:40:45,323 --> 00:40:47,314
(WHIMPERS) Yes.
MARKS: Even though you knew
775
00:40:47,391 --> 00:40:51,384
the only man with the motive to
do this horrible thing to you
776
00:40:51,462 --> 00:40:54,056
was Bobby Farina,
isn't that the truth?
777
00:40:54,132 --> 00:40:58,660
(SOBBING) I don't...
I don't know. I don't know.
778
00:41:04,976 --> 00:41:06,375
(COOKIE WEEPING)
779
00:41:06,444 --> 00:41:08,105
No more questions.
780
00:41:13,117 --> 00:41:15,017
Marks knows her audience.
781
00:41:15,086 --> 00:41:18,078
You could've heard hair grow
in that jury box.
782
00:41:18,156 --> 00:41:21,751
People slow down for traffic accidents,
that doesn't mean they approve.
783
00:41:21,826 --> 00:41:25,193
Wishful thinking.
She even created doubt in Cookie's mind.
784
00:41:25,263 --> 00:41:28,926
Thirty years ago, no judge
would've let Ms. Teri Marks
785
00:41:29,000 --> 00:41:30,729
get away with that
kind of muck-raking.
786
00:41:30,802 --> 00:41:32,895
Thirty years ago,
you had a confession.
787
00:41:32,970 --> 00:41:37,270
Yeah. And we had
an insanity plea.
788
00:41:37,341 --> 00:41:42,074
You know, Munoz had a girlfriend.
A Dominican girl.
789
00:41:42,146 --> 00:41:44,979
She was supposed to testify at
the first trial on his behalf.
790
00:41:45,049 --> 00:41:46,710
In support of his
insanity plea.
791
00:41:46,784 --> 00:41:49,184
I read her statement.
There's no red flag there.
792
00:41:49,253 --> 00:41:51,551
The girl disappeared
before she took the stand.
793
00:41:51,622 --> 00:41:56,059
Defense accused us of threatening
to pull her visa if she testified.
794
00:41:56,127 --> 00:41:57,685
And?
795
00:41:57,762 --> 00:41:59,229
And nonsense.
796
00:42:00,464 --> 00:42:02,193
CLAIRE: Well, then
why'd she disappear?
797
00:42:05,169 --> 00:42:06,966
Find her and ask her.
798
00:42:08,639 --> 00:42:12,735
Sal wanted me to lie for him,
to say that he was crazy,
799
00:42:13,878 --> 00:42:15,812
that he heard voices
800
00:42:16,681 --> 00:42:19,582
and that's why I ran away
to Santo Domingo.
801
00:42:19,650 --> 00:42:23,017
But he's not crazy.
He's just evil.
802
00:42:24,055 --> 00:42:27,286
Mr. McCoy, I hope this isn't
why you want her to testify.
803
00:42:27,358 --> 00:42:28,723
No, Your Honor.
804
00:42:28,793 --> 00:42:32,923
Ms. Valerio, tell the judge
about the times Sal hurt you.
805
00:42:32,997 --> 00:42:37,229
OLIVIA: Sometimes, he'd want to have
sex with me and I didn't feel like it.
806
00:42:37,301 --> 00:42:40,896
If I said no, he'd hit
me and force me to.
807
00:42:40,972 --> 00:42:44,135
If I tried to get away,
he would hit me harder.
808
00:42:44,208 --> 00:42:46,335
Your Honor.
809
00:42:46,410 --> 00:42:47,877
Go on, Ms. Valerio.
810
00:42:49,714 --> 00:42:53,707
One time I went to the
police and Sal found out.
811
00:42:53,784 --> 00:42:55,752
He got very angry.
812
00:42:55,820 --> 00:43:00,280
He got this small knife from the
kitchen and he pressed it against me
813
00:43:00,358 --> 00:43:04,419
and he said that if I ever
opened up my mouth again,
814
00:43:04,495 --> 00:43:08,488
that he would cut me up inside so
that I could never have babies.
815
00:43:14,071 --> 00:43:18,974
All right. Thank you, Ms.
Valerio. You can leave now.
816
00:43:27,718 --> 00:43:31,620
Your Honor, I can't believe Mr.
McCoy has asked you to allow this testimony.
817
00:43:31,689 --> 00:43:34,852
It's prejudicial. It's prior bad acts.
It's inadmissible.
818
00:43:34,926 --> 00:43:38,259
It establishes a common pattern.
Same weapon, same MO.
819
00:43:38,329 --> 00:43:40,490
MARKS: A paring knife
versus a switchblade,
820
00:43:40,564 --> 00:43:43,328
a girlfriend versus
a complete stranger?
821
00:43:43,401 --> 00:43:44,390
There's no pattern here.
822
00:43:44,468 --> 00:43:45,730
He threatened to
injure his girlfriend
823
00:43:45,803 --> 00:43:48,772
in the exactly the same manner
he injured Cookie Costello.
824
00:43:48,839 --> 00:43:49,931
And who knows how many others.
825
00:43:50,007 --> 00:43:51,474
That's the problem.
There are no others.
826
00:43:51,542 --> 00:43:54,010
Two vaguely similar acts
do not add up to a pattern.
827
00:43:54,078 --> 00:43:56,774
No, they don't, Ms. Marks.
828
00:43:56,847 --> 00:44:01,341
Mr. McCoy, this is outside the
Molineux exception. I can't allow it.
829
00:44:01,419 --> 00:44:03,410
Ms. Valerio will not testify.
830
00:44:33,617 --> 00:44:34,811
Have you reached a verdict?
831
00:44:34,885 --> 00:44:35,943
FOREMAN: We have.
832
00:44:36,020 --> 00:44:37,817
JUDGE ROCKWELL: On the first
count of the indictment,
833
00:44:37,888 --> 00:44:40,686
rape in the first degree,
how do you find?
834
00:44:40,758 --> 00:44:45,388
We find the defendant,
Sal Munoz, not guilty.
835
00:44:45,463 --> 00:44:46,896
JUDGE ROCKWELL: On the second
count of the indictment,
836
00:44:46,964 --> 00:44:48,864
attempt to commit murder
in the second degree,
837
00:44:48,933 --> 00:44:50,127
how do you find?
838
00:44:50,201 --> 00:44:53,295
FOREMAN: We find the
defendant not guilty.
839
00:44:53,371 --> 00:44:54,429
Yes!
840
00:45:12,890 --> 00:45:15,222
Marks just had
a press conference.
841
00:45:15,292 --> 00:45:18,056
She actually thinks she
righted a 30-year-old wrong.
842
00:45:18,129 --> 00:45:21,565
And probably hopes to be the centerfold
in next month's Bar Journal.
843
00:45:21,632 --> 00:45:27,366
Yeah. Well, she did her job.
We didn't do ours.
844
00:45:27,471 --> 00:45:30,406
Bad evidence. Bad memories.
Bad rulings.
845
00:45:30,474 --> 00:45:31,566
We did everything we could.
846
00:45:31,642 --> 00:45:33,906
Yeah.
847
00:45:33,978 --> 00:45:36,378
Didn't you tell me you never
make this job personal?
848
00:45:36,447 --> 00:45:39,473
I lied.
Second time in 30 years.
849
00:45:39,523 --> 00:45:44,073
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