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NARRATOR:
In the criminal justice system
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00:00:02,803 --> 00:00:06,683
the people are represented by two
separate yet equally important groups,
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00:00:06,740 --> 00:00:08,549
the police
who investigate crime
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00:00:08,609 --> 00:00:11,055
and the district attorneys
who prosecute the offenders.
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00:00:11,478 --> 00:00:12,752
These are their stories.
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00:00:14,515 --> 00:00:17,394
Who needs more wine
and cheese parties?
7
00:00:17,451 --> 00:00:19,692
What the board should spend our
money on is better elevators.
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00:00:19,953 --> 00:00:21,626
Well, I like wine
and cheese parties.
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00:00:21,688 --> 00:00:23,031
I get to meet the neighbors.
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00:00:23,090 --> 00:00:25,536
Why do you want to meet them?
You have me and Charlotte.
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00:00:26,293 --> 00:00:28,000
You work all the time.
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00:00:28,662 --> 00:00:30,801
I go crazy talking
to Charlotte all day.
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00:00:30,864 --> 00:00:32,275
You can call me, Claudia.
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00:00:33,567 --> 00:00:34,568
Look at these stairs.
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00:00:35,102 --> 00:00:37,013
Somebody spilled something
and didn't clean it up.
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00:00:37,104 --> 00:00:39,516
Look, it's everywhere. This is what
they should spend our money on.
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00:00:39,640 --> 00:00:42,382
Chris, I think it's blood.
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00:00:42,843 --> 00:00:43,844
What?
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00:00:46,914 --> 00:00:48,985
Claudia, hand me
the cell phone.
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00:00:50,984 --> 00:00:52,054
ED: You canvass
the tenants?
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00:00:52,152 --> 00:00:53,756
Uh-huh. Nobody's
missin' a guest.
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00:00:54,154 --> 00:00:57,226
But we found a guy who saw somebody
outside the building around 9:00
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00:00:57,291 --> 00:00:58,565
matching the
victim's description.
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00:00:58,625 --> 00:01:00,036
What was this somebody doing?
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00:01:00,127 --> 00:01:02,835
He was lurking.
Tenant's exact words.
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00:01:02,996 --> 00:01:04,907
Lurking. You ever actually
see anybody lurk?
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00:01:04,965 --> 00:01:07,002
Bela Lugosi. That guy
could really lurk.
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00:01:08,569 --> 00:01:09,741
So how'd this guy get in?
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00:01:09,970 --> 00:01:12,712
Super figures he snuck in when
he was taking out the garbage.
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00:01:13,540 --> 00:01:16,077
Well, boys and girls,
what's today's special?
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OFFICER: Male white,
60 to 70.
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00:01:19,179 --> 00:01:20,624
Blunt force trauma to the head.
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00:01:21,048 --> 00:01:22,550
Looks like he took a
header down the stairs.
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00:01:22,616 --> 00:01:23,617
Slip and slide?
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00:01:23,750 --> 00:01:25,024
No, he had a lending hand.
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00:01:25,252 --> 00:01:28,790
He's got scratches on his face, his hands.
Overcoat's torn.
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00:01:28,855 --> 00:01:29,959
You check his pockets?
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00:01:30,023 --> 00:01:31,764
No ID, no wallet.
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00:01:31,825 --> 00:01:35,136
Nine bucks in loose bills.
Key ring. That's it.
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00:01:35,462 --> 00:01:36,998
Get a team and
search the building.
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00:01:37,497 --> 00:01:38,942
His clothes have got
some miles on them.
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00:01:39,266 --> 00:01:41,473
Shirt's from Bergstrom's
custom tailor.
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00:01:42,569 --> 00:01:45,982
Sleeves are frayed. He's got
a monogram on it. "R.O.T."
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00:01:46,640 --> 00:01:48,551
Looks like the old boy
hit some hard times.
45
00:01:48,642 --> 00:01:51,088
Figure him for a vagrant, looking
for a warm place to sleep.
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00:01:52,279 --> 00:01:54,122
Well, he found it.
(SIGHS)
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00:02:43,930 --> 00:02:44,931
I can't say.
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00:02:45,065 --> 00:02:46,601
Maybe if he didn't look so bad.
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00:02:46,700 --> 00:02:48,646
His shirt was monogrammed
on the right sleeve.
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00:02:49,036 --> 00:02:50,037
R-O-T.
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00:02:50,504 --> 00:02:52,245
I'd have to check.
Can you come back?
52
00:02:52,339 --> 00:02:53,909
Hey, we're not
orderin' suits here.
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00:02:53,974 --> 00:02:55,715
We need what we need now.
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00:03:00,013 --> 00:03:01,617
Ooh! This is nice.
55
00:03:02,482 --> 00:03:03,483
Hey, how much is this?
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00:03:04,484 --> 00:03:05,622
Five thousand.
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00:03:05,686 --> 00:03:06,687
BRISCOE: For a suit?
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00:03:07,521 --> 00:03:08,591
For a jacket.
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00:03:09,956 --> 00:03:10,991
One good hand.
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00:03:11,058 --> 00:03:13,504
Hey, I found him.
Roger Thorne.
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00:03:13,927 --> 00:03:15,804
Last time he was in
here was a year ago.
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00:03:17,264 --> 00:03:18,834
I'm sorry,
I don't recognize him.
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00:03:18,899 --> 00:03:20,207
What about the shirt?
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00:03:20,267 --> 00:03:21,439
Something special about it?
65
00:03:21,501 --> 00:03:23,003
It's got your monogram on it.
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00:03:23,070 --> 00:03:25,346
No kidding.
Talk about irony.
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00:03:26,006 --> 00:03:27,041
This is funny to you?
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00:03:27,240 --> 00:03:29,447
I took my website public
January 10th.
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00:03:29,509 --> 00:03:32,319
January 11th, I threw away all
my suits and collared shirts.
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00:03:32,379 --> 00:03:33,756
Never been happier.
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00:03:33,814 --> 00:03:36,556
This poor guy, on the other
hand, wearing my old shirt.
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00:03:36,616 --> 00:03:38,857
The clothes, when you threw them
away, what'd you do with them?
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00:03:39,086 --> 00:03:41,464
The Salvation Army Store
on 72nd picked them up.
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00:03:42,556 --> 00:03:46,026
Mmm-hmm. He used to come in here
every month for some years.
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00:03:46,093 --> 00:03:47,299
Old man on a pension.
76
00:03:47,360 --> 00:03:48,930
You know his name?
Mr. Whitman.
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00:03:49,262 --> 00:03:50,468
Usually paid cash.
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00:03:51,131 --> 00:03:52,166
What did he die from?
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00:03:52,232 --> 00:03:54,041
Taking a header. You
know where he lived?
80
00:03:54,101 --> 00:03:57,173
Oh, no. He hasn't been
around for a few months.
81
00:03:57,237 --> 00:03:58,773
Not since he
passed a bad check.
82
00:03:58,839 --> 00:04:00,512
Do you still have the check?
Got a photocopy.
83
00:04:00,574 --> 00:04:01,644
We'll take it.
84
00:04:01,708 --> 00:04:04,154
Hey, do you know anything about
this guy besides his name?
85
00:04:04,211 --> 00:04:06,452
I think he was
a retired professor.
86
00:04:07,714 --> 00:04:09,819
He always carried
this satchel with him,
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00:04:09,883 --> 00:04:12,227
stuffed with newspaper
articles and books.
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00:04:12,819 --> 00:04:15,823
He said he spent a lot of time
in the library doing research.
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00:04:15,889 --> 00:04:17,163
Research on what?
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00:04:17,224 --> 00:04:19,067
Check kiting.
Who knows?
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00:04:19,493 --> 00:04:20,494
Here we go.
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00:04:21,995 --> 00:04:25,374
Samuel Whitman.
245, West 41st Street.
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00:04:27,067 --> 00:04:29,946
I rented Sam a room in my
apartment for a couple of years.
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00:04:30,637 --> 00:04:32,344
I had to kick him out
last summer.
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00:04:32,405 --> 00:04:33,748
He wasn't paying his share.
96
00:04:33,807 --> 00:04:35,081
He have any family?
97
00:04:35,142 --> 00:04:37,315
Ex-wife. Couple of
kids he never saw.
98
00:04:37,844 --> 00:04:40,518
What about friends,
like over on East 63rd?
99
00:04:40,580 --> 00:04:41,615
That's where we found him.
100
00:04:41,681 --> 00:04:43,058
I didn't know his friends.
101
00:04:43,116 --> 00:04:44,993
I never heard him
mention that he had any.
102
00:04:45,051 --> 00:04:46,052
Where'd you know him from?
103
00:04:46,119 --> 00:04:49,498
Nowhere. I put up a "Room to Rent" sign.
He saw it. He came in.
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00:04:49,556 --> 00:04:50,557
He give any references?
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00:04:50,624 --> 00:04:52,968
(CHUCKLES) Yeah. Ben
Franklin, five times.
106
00:04:53,026 --> 00:04:54,733
First month's and
a cleaning deposit.
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00:04:54,795 --> 00:04:56,240
ED: After you evicted him,
where'd he go?
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00:04:56,296 --> 00:04:57,434
Don't know.
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00:04:57,497 --> 00:04:58,635
What about his mail?
Where'd you forward it?
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00:04:58,698 --> 00:05:00,200
I don't. He doesn't
get any mail.
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00:05:00,300 --> 00:05:01,779
Oh, God, this guy's
breaking my heart.
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00:05:01,835 --> 00:05:03,678
I might have felt
sorry for him too,
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00:05:03,737 --> 00:05:06,445
except he started driving me crazy
with his bitching and moaning.
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00:05:06,506 --> 00:05:09,043
ED: About what?
The CIA, the Navy.
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00:05:09,109 --> 00:05:10,144
Said they killed his son.
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00:05:12,979 --> 00:05:15,425
The M.E. ran a tox
screen on Whitman.
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00:05:15,482 --> 00:05:18,463
There were no traces of anti-psychotic
drugs, no anti-depressants.
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00:05:18,518 --> 00:05:19,792
The man wasn't being medicated.
119
00:05:20,020 --> 00:05:22,159
So his rantings about the CIA?
120
00:05:22,222 --> 00:05:23,633
Probably not delusional.
121
00:05:23,690 --> 00:05:26,569
Or he hadn't popped up
on the shrink radar yet.
122
00:05:26,626 --> 00:05:28,765
You give the apartment
building another shakedown?
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00:05:28,829 --> 00:05:31,537
BRISCOE: Yeah. Nobody but
nobody says they knew the guy.
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00:05:31,598 --> 00:05:33,168
We even checked past tenants.
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00:05:33,567 --> 00:05:36,446
Employees? Former employees?
You give them a good look?
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00:05:36,503 --> 00:05:39,006
We went back five years. We
can go back 10 if you want.
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00:05:39,072 --> 00:05:42,542
What I want is for you to tell me
what he was doing in that building.
128
00:05:42,609 --> 00:05:43,644
How about his kids?
129
00:05:43,710 --> 00:05:44,711
We're working on 'em.
130
00:05:44,778 --> 00:05:47,588
You know how many Whitmans there
are in the Social Security rolls?
131
00:05:47,647 --> 00:05:49,251
I'm sure you'll figure it out.
132
00:05:49,316 --> 00:05:51,523
The search team found this in
a dumpster near the building.
133
00:05:51,718 --> 00:05:53,720
S.C.W. Sam Whitman.
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00:05:59,860 --> 00:06:02,739
Pencils and pens, Kleenex.
135
00:06:04,231 --> 00:06:06,575
"Directory of Government
Phone Numbers."
136
00:06:06,833 --> 00:06:09,143
"Central Intelligence
Agency field report."
137
00:06:09,703 --> 00:06:12,411
Hmm. This looks like a
twentieth-generation photocopy.
138
00:06:12,472 --> 00:06:14,611
Except for a few commas,
all the text is blacked out.
139
00:06:14,674 --> 00:06:17,154
VAN BUREN: Here's a bill for
a mailbox at Postal Place.
140
00:06:17,544 --> 00:06:19,353
Go see what's in it.
141
00:06:22,015 --> 00:06:24,552
I don't know if I can do that.
It's a federal offense, yeah?
142
00:06:24,618 --> 00:06:27,098
Only if we open it, which
we promise we won't.
143
00:06:34,728 --> 00:06:36,105
Thanks. We'll take it
from here.
144
00:06:36,162 --> 00:06:37,869
If you can get us
Mr. Whitman's home address?
145
00:06:43,803 --> 00:06:45,214
Okay, let's see.
146
00:06:46,907 --> 00:06:50,116
Journal of the Americas,
Latin American Review,
147
00:06:50,510 --> 00:06:51,921
Foreign Affairs Quarterly.
148
00:06:52,345 --> 00:06:54,848
Covert Action Policy Review.
149
00:06:55,882 --> 00:06:57,418
CounterPunch newsletter.
150
00:06:57,784 --> 00:06:59,730
Here's something I can relate to.
A phone bill.
151
00:07:00,553 --> 00:07:03,295
"Return to Sender, Moved,
No Forwarding Address."
152
00:07:03,823 --> 00:07:07,361
The letter's addressed to Captain
Ed Albrecht, United States Navy.
153
00:07:07,594 --> 00:07:08,902
Retired, Atlanta.
154
00:07:09,396 --> 00:07:10,898
Fellow conspiracy buff?
155
00:07:11,331 --> 00:07:12,605
Mr. Whitman's address.
156
00:07:12,666 --> 00:07:14,737
Mattawin Hotel.
I wrote it out for you.
157
00:07:15,101 --> 00:07:16,102
ED: Thank you.
158
00:07:21,207 --> 00:07:22,208
Cozy
159
00:07:23,043 --> 00:07:25,717
Seein' as the old guy's
dead, it's all yours.
160
00:07:26,146 --> 00:07:27,250
He have many visitors?
161
00:07:27,314 --> 00:07:29,123
Never seen anybody
come up here.
162
00:07:29,182 --> 00:07:30,718
BRISCOE: Hey, Ed.
163
00:07:31,985 --> 00:07:34,488
"Chilean Socialist Government
Overthrown by Army."
164
00:07:34,554 --> 00:07:36,295
"President Allende
Killed in Coup."
165
00:07:36,389 --> 00:07:38,130
"General Pinochet
takes control."
166
00:07:38,558 --> 00:07:40,560
"September, 1973."
167
00:07:40,660 --> 00:07:42,833
ED: "American College
Student Missing in Chile."
168
00:07:43,229 --> 00:07:46,608
"Jason Whitman, 22, of New York City
tortured and shot at close range."
169
00:07:46,833 --> 00:07:50,076
More top secret stuff from the
Freedom of Information Office.
170
00:07:50,704 --> 00:07:52,308
"Three days before
his disappearance,"
171
00:07:52,372 --> 00:07:55,945
"Jason Whitman was seen in the company of U.S.
Naval Attache..."
172
00:07:56,576 --> 00:07:57,680
The name's blacked out.
173
00:07:58,278 --> 00:08:00,417
Captain Albrecht,
formerly of Atlanta?
174
00:08:01,948 --> 00:08:05,657
If he had anything to do with killing
this man's kid, he'd better run.
175
00:08:05,719 --> 00:08:07,494
Twenty-seven years
later or not.
176
00:08:11,358 --> 00:08:14,100
Nobody named Albrecht ever lived in
the building where Whitman was found.
177
00:08:14,194 --> 00:08:15,571
Maybe he got the wrong address.
178
00:08:15,628 --> 00:08:16,936
Someone in there killed him.
179
00:08:16,997 --> 00:08:18,635
Well, we ruled out hired help.
180
00:08:18,765 --> 00:08:20,745
The building employees and the
domestics all checked out.
181
00:08:20,934 --> 00:08:23,244
Did you run down the address
on Whitman's letter?
182
00:08:23,303 --> 00:08:24,839
It's an apartment complex.
183
00:08:24,904 --> 00:08:26,906
Edwin Albrecht moved
out about a year ago.
184
00:08:26,973 --> 00:08:30,250
He was admitted into a VA hospital
last year with lung cancer.
185
00:08:30,343 --> 00:08:31,515
He died six weeks ago.
186
00:08:31,578 --> 00:08:32,579
Next of kin?
187
00:08:32,645 --> 00:08:35,285
There was nobody named. His wife's
dead, there's no children listed.
188
00:08:35,382 --> 00:08:37,453
He's buried in a VA cemetery
outside of Atlanta.
189
00:08:37,951 --> 00:08:39,521
A lonely old soldier.
190
00:08:39,586 --> 00:08:41,566
Lonely, maybe.
He was only 59.
191
00:08:41,621 --> 00:08:42,861
(PHONE RINGING)
192
00:08:45,291 --> 00:08:46,463
Van Buren.
193
00:08:47,994 --> 00:08:49,564
Right. Thank you.
194
00:08:50,964 --> 00:08:53,774
Sam Whitman's daughter is
in town to claim his body.
195
00:08:57,804 --> 00:09:00,512
Please thank your lieutenant
for making the arrangements.
196
00:09:01,207 --> 00:09:03,687
My mother and I are going to have
my dad buried next to my brother.
197
00:09:04,544 --> 00:09:06,148
BRISCOE: We found some
newspaper clippings
198
00:09:06,212 --> 00:09:08,283
about your brother
in your dad's apartment.
199
00:09:09,582 --> 00:09:11,562
Jason's death
tore our family apart.
200
00:09:11,618 --> 00:09:13,063
My mom and dad split up.
201
00:09:13,119 --> 00:09:15,099
He kept drifting
from job to job.
202
00:09:15,688 --> 00:09:17,065
It was like his heart
was ripped out of him.
203
00:09:18,091 --> 00:09:19,502
What can you tell us
about what happened?
204
00:09:20,160 --> 00:09:22,231
He was murdered by
the Chilean military.
205
00:09:23,329 --> 00:09:26,469
And Dad was obsessed with finding
out who was responsible.
206
00:09:26,966 --> 00:09:28,377
ED: Did he ever say
who it was?
207
00:09:28,802 --> 00:09:29,803
Pinochet.
208
00:09:30,403 --> 00:09:33,179
And he thought that people from the U.S.
were involved.
209
00:09:34,507 --> 00:09:37,784
Did he ever mention a Naval
Captain named Albrecht?
210
00:09:38,111 --> 00:09:40,284
We think he was looking for
him the night he was killed.
211
00:09:40,780 --> 00:09:42,691
No, he never mentioned
that name, but,
212
00:09:42,749 --> 00:09:45,161
you know, I called my
dad a few weeks ago,
213
00:09:45,218 --> 00:09:47,061
and he sounded really upbeat.
214
00:09:47,654 --> 00:09:51,192
He said that pretty soon the truth about
Jason's death was going to come out.
215
00:09:52,192 --> 00:09:55,332
I took it as another one
of my dad's false hopes.
216
00:09:58,565 --> 00:10:01,171
Can you excuse me?
I need to call my mother.
217
00:10:01,234 --> 00:10:02,577
Sure.
218
00:10:06,106 --> 00:10:07,380
(SIGHS)
219
00:10:07,440 --> 00:10:10,148
I think it's time we honed in
on this Albrecht character.
220
00:10:10,243 --> 00:10:12,780
Let's check the IUDs for every
apartment in that building.
221
00:10:13,213 --> 00:10:14,624
That's about
200 phones, Lennie.
222
00:10:15,014 --> 00:10:17,460
Maybe we can connect one
of them to the VA hospital
223
00:10:17,517 --> 00:10:19,554
or to Albrecht's
Atlanta address.
224
00:10:22,222 --> 00:10:24,327
I get the feeling
we're chasing ghosts here.
225
00:10:24,390 --> 00:10:26,165
They seem real enough to me.
226
00:10:27,694 --> 00:10:31,141
A resident named Kevin Morse
made an overseas call to
227
00:10:31,231 --> 00:10:34,838
country code 56, city code 2.
228
00:10:35,034 --> 00:10:36,274
That's not Atlanta.
229
00:10:36,836 --> 00:10:39,544
Santiago, Chile, two weeks ago.
230
00:10:44,744 --> 00:10:46,246
(PHONE LINE RINGING) Por favor.
231
00:10:52,352 --> 00:10:54,764
Let me guess. Voice
mail hell, in Spanish.
232
00:10:55,155 --> 00:10:56,156
Hola.
233
00:10:58,091 --> 00:10:59,764
Chilean Army Headquarters.
234
00:11:00,460 --> 00:11:02,804
What's this guy Morse doing
calling the Chilean Army?
235
00:11:06,799 --> 00:11:09,541
Two weeks ago, my window
frames were being replaced.
236
00:11:09,636 --> 00:11:11,616
There were four Spanish
guys up here working.
237
00:11:11,871 --> 00:11:13,145
Did you let them
use your phone?
238
00:11:13,373 --> 00:11:14,477
We aren't here during the day.
239
00:11:14,641 --> 00:11:16,643
There's supposed to be somebody
from the managing agent with them
240
00:11:16,709 --> 00:11:17,881
so things like that
don't happen.
241
00:11:18,545 --> 00:11:20,991
BRISCOE: You mind tellin' us
where you were Tuesday night?
242
00:11:21,047 --> 00:11:23,527
Here, with my wife and daughter.
Never left the house.
243
00:11:23,917 --> 00:11:25,760
Do you know anybody
named Edwin Albrecht?
244
00:11:26,019 --> 00:11:27,327
No, I don't.
245
00:11:27,887 --> 00:11:29,127
Now, if you want to find
out about that call,
246
00:11:29,189 --> 00:11:30,532
you should ask those workers.
247
00:11:30,590 --> 00:11:31,967
Thanks.
248
00:11:33,660 --> 00:11:36,504
Let's find out who's sellin'
window frames in Santiago.
249
00:11:38,431 --> 00:11:41,605
After you phoned yesterday, I discussed
this matter with the Consul General.
250
00:11:42,468 --> 00:11:44,709
He would like to know if the
person who was called in Chile
251
00:11:44,971 --> 00:11:46,075
is your murder suspect.
252
00:11:46,139 --> 00:11:47,277
Why?
253
00:11:47,340 --> 00:11:50,344
Because we traced this call to a very
prominent figure in our country.
254
00:11:50,777 --> 00:11:54,156
Well, our suspect's an American.
But, who did the call go to?
255
00:11:54,480 --> 00:11:56,118
To Colonel Emilio Pantoya.
256
00:11:56,382 --> 00:11:58,487
Director of Intelligence
for Pinochet?
257
00:11:59,586 --> 00:12:01,827
From what I read, Pantoya's
practically a war criminal.
258
00:12:02,689 --> 00:12:04,032
Old history.
259
00:12:04,090 --> 00:12:05,660
Chile is a democracy now.
260
00:12:06,092 --> 00:12:07,571
Colonel Pantoya's a senator.
261
00:12:07,627 --> 00:12:09,265
Elected?
Appointed
262
00:12:09,896 --> 00:12:10,966
by our President.
263
00:12:11,231 --> 00:12:13,268
What business would an American
civilian have with him?
264
00:12:14,434 --> 00:12:16,971
It may have had something to do
with Colonel Pantoya's illness.
265
00:12:17,670 --> 00:12:19,911
He's here in New York
at Landis Hill Hospital.
266
00:12:23,643 --> 00:12:26,351
I have strict instructions.
No is one to see the Colonel.
267
00:12:26,446 --> 00:12:28,016
Is that for some sort
of medical reason?
268
00:12:28,147 --> 00:12:29,626
That's right.
He has kidney disease.
269
00:12:29,682 --> 00:12:31,218
His doctor won't return
until tomorrow.
270
00:12:31,284 --> 00:12:33,560
How about we just poke our heads in
and see if the Colonel's up to it?
271
00:12:33,620 --> 00:12:35,122
I'm sorry, I can't.
272
00:12:36,389 --> 00:12:37,390
Okay.
273
00:12:38,725 --> 00:12:39,726
Maybe you can help us.
274
00:12:40,193 --> 00:12:41,934
ORRA: So you don't have
to upset the Colonel?
275
00:12:41,995 --> 00:12:43,065
Yeah, right.
276
00:12:44,330 --> 00:12:45,900
Your boss know a Kevin Morse
277
00:12:46,332 --> 00:12:48,039
or a Captain Edwin Albrecht?
278
00:12:48,101 --> 00:12:49,375
I don't recognize those names.
279
00:12:49,435 --> 00:12:50,709
How about Sam Whitman?
280
00:12:52,338 --> 00:12:55,114
If the Colonel had contact with
these men, I would know this.
281
00:12:55,475 --> 00:12:58,615
So you see, you're
wasting your time here.
282
00:13:02,815 --> 00:13:05,557
Doctor comes in once a day,
he can't be all that sick.
283
00:13:05,919 --> 00:13:07,262
We ain't gettin' in there
without a warrant.
284
00:13:07,820 --> 00:13:10,630
But we know the call came
from Morse's apartment.
285
00:13:10,690 --> 00:13:12,033
He's not a government employee.
286
00:13:12,091 --> 00:13:14,901
Maybe he's got some past
connection to the military.
287
00:13:18,031 --> 00:13:22,036
Kevin Morse. Born 417166
in Danbury, Connecticut.
288
00:13:22,902 --> 00:13:25,974
Alumni scholarship to Annapolis,
brief tour in the Persian Gulf.
289
00:13:26,105 --> 00:13:27,243
How long was he in the Navy?
290
00:13:27,707 --> 00:13:29,880
Two years. He resigned
his commission.
291
00:13:30,176 --> 00:13:32,019
Why?
Doesn't say.
292
00:13:32,612 --> 00:13:34,819
We got his old man's name
from his rental application.
293
00:13:34,914 --> 00:13:36,723
You got anything for
a Franklin Morse?
294
00:13:41,321 --> 00:13:44,461
Born August 19th, 1942,
in Milwaukee.
295
00:13:44,524 --> 00:13:48,062
Drafted in '62, stationed with the
Third Infantry in West Germany.
296
00:13:48,127 --> 00:13:51,233
I thought Morse Junior was
second-generation Annapolis.
297
00:13:51,497 --> 00:13:53,909
All it says is Morse Senior
graduated high school.
298
00:13:54,701 --> 00:13:58,376
He was honorably discharged from
the Army and married in 1975.
299
00:13:58,438 --> 00:13:59,610
1975?
300
00:13:59,972 --> 00:14:02,509
His son Kevin was born nine
years before he was married?
301
00:14:02,909 --> 00:14:04,115
I'm just giving you
what's here.
302
00:14:04,811 --> 00:14:08,452
Do me a favor. Run a Naval
Captain Edwin Albrecht.
303
00:14:14,754 --> 00:14:17,200
Captain Edwin Albrecht
had one son.
304
00:14:17,423 --> 00:14:18,424
Kevin.
305
00:14:18,691 --> 00:14:20,864
He just happens to have
the same birth date as you.
306
00:14:22,528 --> 00:14:23,563
He was my father.
307
00:14:24,063 --> 00:14:25,269
Then why'd you lie about it?
308
00:14:25,631 --> 00:14:26,632
(STUTTERING) I'm sorry.
309
00:14:27,233 --> 00:14:29,839
When my mother remarried,
I took my stepfather's name.
310
00:14:30,103 --> 00:14:32,674
Whitman was obsessed
with finding your father.
311
00:14:33,206 --> 00:14:34,207
Is that why you killed him?
312
00:14:34,474 --> 00:14:35,475
My father's dead.
313
00:14:35,975 --> 00:14:37,579
So maybe Whitman
got obsessed with you.
314
00:14:37,643 --> 00:14:39,316
BRISCOE: It all stacks up
against you, Mr. Morse.
315
00:14:40,079 --> 00:14:41,854
Your father's posting
at the embassy in Chile.
316
00:14:41,914 --> 00:14:43,552
The death of Whitman's son
during the coup.
317
00:14:43,649 --> 00:14:46,129
The telephone call to
Chilean Army Headquarters.
318
00:14:46,686 --> 00:14:48,188
Maybe you better explain
what happened.
319
00:14:52,692 --> 00:14:55,502
When this Whitman
knocked on my door,
320
00:14:56,729 --> 00:14:58,436
I'd never laid eyes
on him before.
321
00:14:59,198 --> 00:15:00,836
He started raving
about a cover-up,
322
00:15:00,900 --> 00:15:02,504
demanding to
see Captain Albrecht.
323
00:15:03,169 --> 00:15:06,048
So I let him into the stairwell
so he wouldn't upset my family.
324
00:15:06,239 --> 00:15:08,344
So nobody could see you
beat the crap out of him.
325
00:15:08,407 --> 00:15:09,545
I didn't mean to hurt him...
326
00:15:10,009 --> 00:15:11,682
I told him that
my father was dead.
327
00:15:13,079 --> 00:15:15,218
He went into a rage. He
said he didn't believe me.
328
00:15:15,581 --> 00:15:16,582
He grabbed me.
329
00:15:17,116 --> 00:15:19,653
I fought him off
to try to protect myself.
330
00:15:20,586 --> 00:15:21,724
He slipped.
331
00:15:21,788 --> 00:15:22,926
He fell down the stairs.
332
00:15:23,723 --> 00:15:25,066
I swear it was an accident.
333
00:15:25,358 --> 00:15:27,429
Then why'd you try to get rid
of his satchel and his I.D.?
334
00:15:27,760 --> 00:15:29,137
Because I didn't think
anyone would believe me.
335
00:15:29,796 --> 00:15:30,866
So why should we?
336
00:15:32,298 --> 00:15:33,504
I was ashamed.
Why?
337
00:15:33,566 --> 00:15:35,170
Because you beat
an old man to death?
338
00:15:37,970 --> 00:15:39,005
Because of my father.
339
00:15:40,206 --> 00:15:41,651
What Whitman said was true.
340
00:15:42,308 --> 00:15:43,685
He killed Whitman's son?
341
00:15:47,213 --> 00:15:49,022
My father was drunk one night.
342
00:15:50,383 --> 00:15:53,523
He started bragging about how they'd
helped the Chileans murder an American.
343
00:15:53,886 --> 00:15:54,887
BRISCOE: They?
344
00:15:57,089 --> 00:15:58,295
Naval Intelligence.
345
00:15:59,192 --> 00:16:01,069
Your father said
he was involved?
346
00:16:04,263 --> 00:16:05,640
I didn't want to
believe it at first.
347
00:16:08,868 --> 00:16:12,611
American officers
killing an American.
348
00:16:18,010 --> 00:16:19,921
And then I killed his father.
349
00:16:24,050 --> 00:16:27,122
Morse says Pantoya was calling to
get in contact with his father.
350
00:16:27,286 --> 00:16:29,027
Morse called him back to tell
him his father was dead.
351
00:16:29,088 --> 00:16:30,089
You believe him?
352
00:16:30,156 --> 00:16:32,136
Hey, he's sittin' at home,
minding his own business.
353
00:16:32,191 --> 00:16:35,604
Whitman shows up and goes off on him about
something that happened 30 years ago.
354
00:16:35,928 --> 00:16:37,339
Any problems with
his confession?
355
00:16:37,463 --> 00:16:39,238
We got it all in writing
with a Miranda waiver.
356
00:16:39,398 --> 00:16:41,742
To tell you the truth, I think Morse
was happy to get it off his chest.
357
00:16:41,868 --> 00:16:44,280
Too bad he's the only one in
his family with a conscience.
358
00:16:44,670 --> 00:16:48,140
(SIGHS) Well, if you need
anything else, let us know.
359
00:16:53,045 --> 00:16:54,046
Man two?
360
00:16:54,814 --> 00:16:56,384
One to three.
I can live with that.
361
00:16:57,316 --> 00:16:58,920
Well, we can put
that one in the books.
362
00:17:00,086 --> 00:17:01,622
One down, one to go.
363
00:17:01,687 --> 00:17:02,688
(THUMPS TABLE)
364
00:17:07,593 --> 00:17:11,200
Captain Albrecht told his son he was
complicit in Jason Whitman's murder.
365
00:17:11,864 --> 00:17:14,174
We think it warrants
a federal investigation.
366
00:17:14,233 --> 00:17:15,337
We did some checking.
367
00:17:15,401 --> 00:17:18,075
Albrecht was nowhere near Chile
when the young man was killed.
368
00:17:18,571 --> 00:17:21,780
So what? He could have had accomplices.
Chilean nationalists.
369
00:17:21,841 --> 00:17:23,081
Aren't they in Santiago?
370
00:17:23,142 --> 00:17:25,053
Colonel Pantoya's
here in New York.
371
00:17:25,111 --> 00:17:27,819
Pantoya's a senator for life.
He has immunity.
372
00:17:27,880 --> 00:17:29,826
His own people don't
want to prosecute him.
373
00:17:29,916 --> 00:17:32,453
He was given immunity
to pacify the military
374
00:17:32,518 --> 00:17:34,794
so they wouldn't seize
power from his own people.
375
00:17:35,521 --> 00:17:37,228
The last thing the
Justice Department wants
376
00:17:37,290 --> 00:17:39,930
is to meddle in the internal
affairs of a sovereign country.
377
00:17:40,259 --> 00:17:42,865
It's a little late to be
repudiating the Monroe Doctrine.
378
00:17:43,296 --> 00:17:44,536
Why don't you
just look into it?
379
00:17:44,597 --> 00:17:45,940
It's not an American problem.
380
00:17:46,165 --> 00:17:47,838
A dead American
is not your problem?
381
00:17:49,535 --> 00:17:51,378
It's over and done
with, Mr. McCoy.
382
00:17:55,775 --> 00:17:58,016
Jason Whitman grew up
in Hell's Kitchen.
383
00:17:58,144 --> 00:18:00,920
Graduated from Power Memorial
on the Upper West Side.
384
00:18:01,113 --> 00:18:03,650
Lew Alcindor's old school. They
tore it down 15 years ago.
385
00:18:04,550 --> 00:18:06,427
It's time to let go, Jack.
386
00:18:06,485 --> 00:18:09,398
The Feds aren't interested.
There's little or no evidence.
387
00:18:09,522 --> 00:18:10,592
It's a dead end.
388
00:18:10,923 --> 00:18:11,958
This could have been me.
389
00:18:12,024 --> 00:18:14,595
I can't really picture you
with a Che Guevara look.
390
00:18:15,127 --> 00:18:17,471
You won't get your hands
on Pantoya again.
391
00:18:17,597 --> 00:18:19,668
Pantoya's 74 years old.
392
00:18:19,732 --> 00:18:22,144
Is that an affirmative
defense for mass murder?
393
00:18:22,401 --> 00:18:25,109
Chile's a democracy now. Maybe it's
time we stayed out of their business.
394
00:18:25,605 --> 00:18:27,380
That would have been good
advice for Jason Whitman.
395
00:18:27,607 --> 00:18:29,518
Hey, the kid
didn't deserve to die.
396
00:18:30,443 --> 00:18:32,445
Whitman had a girlfriend
who went with him to Chile.
397
00:18:32,511 --> 00:18:34,718
Let's see if we can find her.
398
00:18:35,181 --> 00:18:37,718
Jason and I fell in love
during my sophomore year.
399
00:18:38,050 --> 00:18:39,495
We spent the summer in Chile.
400
00:18:40,019 --> 00:18:41,430
What was the attraction,
Mrs. Benson?
401
00:18:42,755 --> 00:18:45,793
Jason and I were into the
socialists who'd just been elected.
402
00:18:45,858 --> 00:18:49,271
It sounds naive now, but the whole
world was changing before our eyes.
403
00:18:49,362 --> 00:18:50,773
We just wanted to
be a part of it.
404
00:18:51,364 --> 00:18:52,741
What did you do while
you were down there?
405
00:18:53,432 --> 00:18:57,346
Jason caught on as a stringer at one of
the leftist radio stations in Santiago.
406
00:18:58,337 --> 00:19:02,183
Did you ever come into contact with a U.S.
Naval Captain named Albrecht?
407
00:19:03,042 --> 00:19:05,283
We were in Valparaiso
right before the coup.
408
00:19:05,945 --> 00:19:08,323
There were U.S. warships
anchored offshore.
409
00:19:09,448 --> 00:19:11,519
We met Albrecht in a cantina.
410
00:19:12,251 --> 00:19:15,357
He gave us lift back to our friends'
house just outside Santiago.
411
00:19:16,322 --> 00:19:17,323
Americans?
412
00:19:17,523 --> 00:19:19,002
Tino and Elena Calderon.
413
00:19:19,659 --> 00:19:23,129
On the way there, he warned us that
we should get the hell out of Chile.
414
00:19:23,296 --> 00:19:24,866
So you got out
and Jason didn't.
415
00:19:25,131 --> 00:19:27,111
I begged Jason to come with me.
416
00:19:27,166 --> 00:19:29,646
He told me he'd be okay
at the Calderon's.
417
00:19:30,369 --> 00:19:32,007
He said not to worry.
418
00:19:32,104 --> 00:19:34,345
Nobody'd bother him
because he was American.
419
00:19:36,309 --> 00:19:37,481
Carrie and Jason.
420
00:19:39,679 --> 00:19:41,716
It reminds me of
a very bad time.
421
00:19:43,582 --> 00:19:45,858
I thought when I came to
this country I would forget.
422
00:19:47,286 --> 00:19:49,459
Why didn't your husband
emigrate here with you?
423
00:19:50,756 --> 00:19:52,326
Carrie didn't tell you?
424
00:19:52,992 --> 00:19:55,598
He was killed
by Colonel Pantoya.
425
00:19:56,162 --> 00:19:57,835
Could you tell us
how it happened?
426
00:20:00,132 --> 00:20:02,009
When General Pinochet
took over,
427
00:20:02,401 --> 00:20:04,108
Jason came to stay with us.
428
00:20:04,503 --> 00:20:05,777
But they found him anyway.
429
00:20:06,339 --> 00:20:07,818
JACK:
Do you know how?
430
00:20:09,709 --> 00:20:10,813
I'm sorry.
431
00:20:11,644 --> 00:20:14,454
We told Jason that he
should try to go back home.
432
00:20:15,581 --> 00:20:16,582
But he said no.
433
00:20:17,350 --> 00:20:18,988
He wanted to stay and help us.
434
00:20:20,853 --> 00:20:23,390
One night the soldiers
knocked down our door.
435
00:20:23,456 --> 00:20:24,457
La Guarda.
436
00:20:24,924 --> 00:20:26,267
Colonel Pantoya's men.
437
00:20:27,193 --> 00:20:28,263
Where did they take them?
438
00:20:28,661 --> 00:20:29,662
They just
439
00:20:29,762 --> 00:20:32,470
took them outside and
put them in the truck.
440
00:20:34,133 --> 00:20:35,544
I never saw Tino again.
441
00:20:36,769 --> 00:20:38,840
They never even brought
his body back to me.
442
00:20:44,210 --> 00:20:46,349
Subpoenaed files from our
friends at the Navy.
443
00:20:46,979 --> 00:20:49,186
Maybe we'll find out
if Albrecht was in Chile.
444
00:20:50,883 --> 00:20:52,294
I hope you know
what you're doin'.
445
00:20:53,819 --> 00:20:56,356
Captain Albrecht knew where
Jason Whitman was hiding.
446
00:20:56,422 --> 00:20:57,867
I think he dropped
the dime on him.
447
00:20:58,424 --> 00:20:59,835
It could have been
anyone, Jack.
448
00:20:59,892 --> 00:21:02,498
Then how do you explain
what Albrecht told his son?
449
00:21:04,597 --> 00:21:05,940
We're tilting at windmills.
450
00:21:06,165 --> 00:21:08,805
What windmills? Jason Whitman
was tortured and murdered.
451
00:21:08,934 --> 00:21:10,004
Over there.
452
00:21:10,069 --> 00:21:12,208
And I've got a flesh and
blood suspect right here.
453
00:21:13,239 --> 00:21:15,981
So now we claim jurisdiction for
every New Yorker that's killed?
454
00:21:16,108 --> 00:21:18,884
Well, if you're gonna get hung up on
a little thing like jurisdiction.
455
00:21:19,812 --> 00:21:20,813
(CARMICHAEL SIGHS)
456
00:21:21,414 --> 00:21:22,518
What?
457
00:21:23,382 --> 00:21:24,417
(SIGHS)
458
00:21:24,483 --> 00:21:25,860
Maybe I shouldn't
tell you this.
459
00:21:26,752 --> 00:21:29,096
Naval log from the day
Whitman was arrested.
460
00:21:29,789 --> 00:21:31,291
Captain Albrecht
was in New York
461
00:21:31,357 --> 00:21:34,031
at the UN to brief our delegation
to the Security Council.
462
00:21:35,161 --> 00:21:37,368
He and his aide were
registered at the Hilton.
463
00:21:37,663 --> 00:21:39,643
John Groban,
Lieutenant Junior Grade.
464
00:21:41,367 --> 00:21:42,368
Let's find him.
465
00:21:43,402 --> 00:21:46,042
Captain Albrecht was in the room
right next to me at the Hilton.
466
00:21:46,939 --> 00:21:49,317
The coup in Chile started
the night he flew in.
467
00:21:49,375 --> 00:21:54,085
I was juggling calls from
West-Pac, Naval Operations...
468
00:21:55,247 --> 00:21:57,158
Captain Albrecht make
any calls to Chile?
469
00:21:57,216 --> 00:21:58,286
Not while I was there.
470
00:21:58,951 --> 00:22:02,057
JACK: He ever mention a Chilean
Colonel named Pantoya?
471
00:22:04,256 --> 00:22:05,667
Actually, yeah.
472
00:22:06,692 --> 00:22:09,673
The night he went to the UN he had
me run out and send him a telex.
473
00:22:09,962 --> 00:22:11,305
Do you remember what it said?
474
00:22:11,363 --> 00:22:13,138
It was just an address
475
00:22:13,699 --> 00:22:15,007
and some initials.
476
00:22:15,067 --> 00:22:16,239
What initials?
477
00:22:18,337 --> 00:22:20,044
I'm pretty sure
it said J.W.
478
00:22:20,105 --> 00:22:22,142
You knew about this?
Why didn't you tell someone?
479
00:22:22,208 --> 00:22:23,209
I did.
480
00:22:23,809 --> 00:22:25,618
They already knew.
481
00:22:26,979 --> 00:22:28,822
The telex was
sent at 6:30 p.m.
482
00:22:28,881 --> 00:22:33,728
Four hours later, the National Guard rolled
up to the address Albrecht provided.
483
00:22:34,253 --> 00:22:37,097
A house outside Santiago
belonging to Tino Calderon.
484
00:22:37,356 --> 00:22:39,393
That's where they
arrested Jason Whitman.
485
00:22:40,493 --> 00:22:41,836
There's our jurisdiction, Adam.
486
00:22:41,894 --> 00:22:43,931
You couldn't let
sleeping dogs lie.
487
00:22:44,363 --> 00:22:46,707
I just got off the phone with
the Under Secretary of State.
488
00:22:47,233 --> 00:22:49,679
They heard about the files you
subpoenaed from the Navy.
489
00:22:49,735 --> 00:22:50,805
They're hopping mad.
490
00:22:50,870 --> 00:22:53,612
Whitman was set up from 6th
Avenue and 53rd Street.
491
00:22:53,672 --> 00:22:55,583
You were an A.D.A.
when they killed him.
492
00:22:56,041 --> 00:22:57,418
You can put Pantoya in it?
493
00:22:57,476 --> 00:23:00,548
The telex with Whitman's address
was sent directly to him.
494
00:23:01,013 --> 00:23:02,253
Oh, boy.
495
00:23:03,883 --> 00:23:06,420
We do this, all hell
breaks loose I know.
496
00:23:08,888 --> 00:23:09,889
Well?
497
00:23:13,759 --> 00:23:15,261
Vaya con Dios.
498
00:23:16,829 --> 00:23:18,809
(CHATTER ON POLICE RADIO)
499
00:23:20,266 --> 00:23:21,677
Stand aside, jefe.
500
00:23:24,303 --> 00:23:25,475
Yes?
501
00:23:26,572 --> 00:23:28,711
What is it? BRISCOE: You're
under arrest, Colonel.
502
00:23:29,375 --> 00:23:31,480
Arrest? What for?
503
00:23:31,677 --> 00:23:33,520
Conspiracy to commit murder.
504
00:23:33,579 --> 00:23:34,580
(SCOFFS)
505
00:23:35,447 --> 00:23:38,394
I'm sorry, my friend,
but I have immunity.
506
00:23:38,984 --> 00:23:40,122
Blanket immunity.
507
00:23:40,486 --> 00:23:44,024
Yeah, the same blanket you
put over Whitman's corpse?
508
00:23:44,123 --> 00:23:46,194
You have the right to remain silent.
Anything you say
509
00:23:46,258 --> 00:23:48,761
can be used against you. You
have the right to an attorney.
510
00:23:48,827 --> 00:23:50,238
If you do not have an attorney,
511
00:23:50,296 --> 00:23:51,604
one will be appointed to you.
512
00:23:52,164 --> 00:23:54,872
You have no idea what a headache
you've created for the administration.
513
00:23:54,934 --> 00:23:56,572
You're thumbing nose
514
00:23:56,635 --> 00:24:00,014
at the stated policy of not only this
president, but every president before him.
515
00:24:00,072 --> 00:24:01,142
Which is what?
516
00:24:01,574 --> 00:24:04,180
Giving aid and comfort
to tinhorn despots?
517
00:24:05,044 --> 00:24:07,524
It's an internal matter
for the Chilean people.
518
00:24:07,580 --> 00:24:11,960
Yeah, well, we don't see them falling
over themselves to do anything about it.
519
00:24:12,017 --> 00:24:13,621
Be that as it may,
Mr. Schiff,
520
00:24:13,686 --> 00:24:16,326
it's outside the purview
of your office. It is?
521
00:24:16,855 --> 00:24:18,232
A kid from the West Side?
522
00:24:18,290 --> 00:24:20,270
WHEELER: This isn't
neighborhood politics.
523
00:24:20,326 --> 00:24:21,805
You're screwing with
our national interest.
524
00:24:22,261 --> 00:24:23,968
Stupid me.
525
00:24:24,029 --> 00:24:27,943
I was under the impression that our
national interest was prosecuting people
526
00:24:28,000 --> 00:24:29,502
who murder our citizens.
527
00:24:30,069 --> 00:24:32,106
You won't do it, I will.
528
00:24:34,540 --> 00:24:35,780
We're filing an amicus brief
529
00:24:35,841 --> 00:24:38,845
in support of Colonel Pantoya's
motion to dismiss the indictment.
530
00:24:38,911 --> 00:24:40,083
Good for you.
531
00:24:48,754 --> 00:24:50,165
Just don't embarrass me.
532
00:24:53,225 --> 00:24:56,365
Everyone here agrees that Jason
Whitman was killed in Chile.
533
00:24:56,562 --> 00:24:59,099
Since no significant element of
that crime took place in New York
534
00:24:59,164 --> 00:25:01,007
or even on American soil...
535
00:25:01,066 --> 00:25:03,137
The information about
Jason Whitman's whereabouts
536
00:25:03,202 --> 00:25:06,581
was sent to Colonel Pantoya
by telex from a Midtown hotel.
537
00:25:06,905 --> 00:25:10,182
Under New York law, the
crime of conspiracy occurs
538
00:25:10,242 --> 00:25:12,882
where any element of the
conspiracy takes place.
539
00:25:12,945 --> 00:25:15,892
That telex isn't an element
of any murder conspiracy.
540
00:25:15,948 --> 00:25:18,326
Mr. McCoy cannot prove
that Captain Albrecht knew
541
00:25:18,384 --> 00:25:21,854
sending the information would
result in Jason Whitman's death.
542
00:25:21,920 --> 00:25:23,627
Your Honor, did Albrecht
think the Colonel
543
00:25:23,689 --> 00:25:25,635
was going to take Jason
out for a bowl ceviche?
544
00:25:25,691 --> 00:25:27,762
What are they gonna do?
Dig him up and ask him?
545
00:25:27,826 --> 00:25:30,636
They cannot prove intent.
No intent, no conspiracy.
546
00:25:30,796 --> 00:25:34,107
No conspiracy, Colonel Pantoya
goes home, no matter what crimes
547
00:25:34,166 --> 00:25:35,645
he might have
committed in Chile,
548
00:25:35,701 --> 00:25:38,181
where, by the way, he's
been granted full immunity.
549
00:25:38,237 --> 00:25:43,243
What that telex proves about Albrecht's
intent is an issue of fact for a jury,
550
00:25:43,309 --> 00:25:45,016
not an issue of law
for a judge.
551
00:25:46,078 --> 00:25:49,116
I've got to go with Mr. McCoy on
this, Mr. Chiles. I have no choice.
552
00:25:49,181 --> 00:25:50,592
Your motion to
dismiss is denied.
553
00:25:50,649 --> 00:25:54,096
Then, Your Honor, I ask that the charges
be set aside on humanitarian grounds.
554
00:25:54,153 --> 00:25:55,154
I have a report
555
00:25:55,220 --> 00:25:58,861
from three American doctors detailing
Colonel Pantoya's medical status.
556
00:25:58,924 --> 00:26:02,497
He has kidney disease, diabetes,
he suffered a stroke last year.
557
00:26:02,561 --> 00:26:07,533
His health is failing. Prosecuting this
sick old man serves no useful purpose.
558
00:26:07,599 --> 00:26:11,513
Your Honor, we prosecute criminals
who have cancer and AIDS.
559
00:26:12,171 --> 00:26:13,775
Why make an exception?
560
00:26:16,575 --> 00:26:19,112
I'll need a few days
to review these reports.
561
00:26:22,347 --> 00:26:23,951
I don't need this, Adam.
562
00:26:24,049 --> 00:26:25,995
That makes two of us.
Then rein him in.
563
00:26:26,819 --> 00:26:28,924
What's he doing chasing
murderers south of the border?
564
00:26:29,588 --> 00:26:31,261
Don't you give him
enough to do up here?
565
00:26:31,323 --> 00:26:32,358
(CLICKS TONGUE)
566
00:26:32,424 --> 00:26:33,835
What are you going to do?
567
00:26:33,892 --> 00:26:34,996
(SCOFFS)
568
00:26:35,060 --> 00:26:37,267
I can set free a mass murderer.
569
00:26:37,329 --> 00:26:39,775
I can set off
an international crisis.
570
00:26:41,500 --> 00:26:44,276
Adam, I have no illusions.
I am no John Sirica.
571
00:26:44,536 --> 00:26:46,777
I am not taking on
the President's men.
572
00:26:46,839 --> 00:26:49,979
Doesn't the Colonel have
a note from his doctors?
573
00:26:50,442 --> 00:26:51,944
Maybe get a second opinion.
574
00:26:52,044 --> 00:26:53,489
How does that get me
off the hook?
575
00:26:53,545 --> 00:26:57,015
If it's off the hook you want, you
should have stayed in municipal court.
576
00:26:58,350 --> 00:27:01,559
You told me once you want to do some good.
Here's your chance.
577
00:27:07,893 --> 00:27:10,772
MRS. WHITMAN: The first we heard
of it was on the evening news.
578
00:27:11,597 --> 00:27:14,339
They said there was fighting
down there in Chile,
579
00:27:14,433 --> 00:27:16,879
that the army had
killed the President.
580
00:27:17,202 --> 00:27:19,204
So, Sam, my husband,
581
00:27:19,671 --> 00:27:21,582
tried to call Jason.
582
00:27:21,640 --> 00:27:25,747
He got through to the hotel,
but Jason wasn't there.
583
00:27:26,411 --> 00:27:29,824
The hotel operator told him
that there were tanks
584
00:27:30,215 --> 00:27:31,990
and shooting in the streets.
585
00:27:32,051 --> 00:27:34,827
What did you and your husband do?
We waited.
586
00:27:35,487 --> 00:27:39,833
We were sure that Jason would
be okay like he'd always been,
587
00:27:40,325 --> 00:27:42,703
no matter what foolhardy
thing he did.
588
00:27:42,895 --> 00:27:45,205
Then we didn't hear
for three days.
589
00:27:45,564 --> 00:27:48,044
Sam called the American
embassy down there.
590
00:27:48,834 --> 00:27:50,711
We couldn't get
any information.
591
00:27:50,769 --> 00:27:53,215
Did you eventually find out
what happened to your son?
592
00:27:53,272 --> 00:27:54,273
Yes.
593
00:27:54,806 --> 00:27:59,687
We got an anonymous call from
someone in Chile. They said, um,
594
00:28:00,078 --> 00:28:04,584
they'd seen Jason alive
in this sports stadium
595
00:28:04,650 --> 00:28:07,563
where the army
put their prisoners.
596
00:28:07,920 --> 00:28:09,490
Sam took some money
from the bank.
597
00:28:09,555 --> 00:28:11,967
He was going to
bring Jason home.
598
00:28:14,226 --> 00:28:18,641
When he got to Chile, someone from the
embassy told him they'd found Jason,
599
00:28:18,697 --> 00:28:21,735
and they took Sam to
a police station and
600
00:28:23,502 --> 00:28:25,038
Jason was there,
601
00:28:27,272 --> 00:28:31,914
lying on a dirty floor with
other young people, dead.
602
00:28:33,078 --> 00:28:37,288
Sam could hardly recognize him.
He'd been beaten up,
603
00:28:37,349 --> 00:28:38,828
his whole face was...
604
00:28:39,851 --> 00:28:40,852
Um...
605
00:28:41,854 --> 00:28:43,856
They said that maybe
606
00:28:44,323 --> 00:28:48,135
the Communists had killed Jason
but Sam didn't believe them.
607
00:28:48,193 --> 00:28:49,729
What did your husband do?
608
00:28:50,095 --> 00:28:52,439
The embassy people told
him to go home, they said
609
00:28:53,532 --> 00:28:56,274
they would take care of
getting the body released.
610
00:28:58,537 --> 00:29:00,073
(STUTTERS)
611
00:29:00,138 --> 00:29:01,310
So,
612
00:29:03,575 --> 00:29:06,078
Sam came home by himself.
613
00:29:08,580 --> 00:29:10,958
Two months after that,
614
00:29:11,016 --> 00:29:14,395
they sent Jason home
in a wood box.
615
00:29:16,755 --> 00:29:18,359
His bones were broken.
616
00:29:19,525 --> 00:29:21,095
His private parts had
617
00:29:22,094 --> 00:29:24,472
burns from electric shocks.
618
00:29:24,529 --> 00:29:26,167
He had three
619
00:29:26,565 --> 00:29:28,670
bullet holes in
the back of his head.
620
00:29:33,105 --> 00:29:34,277
That man
621
00:29:36,775 --> 00:29:39,688
killed my little boy,
he killed my family.
622
00:29:44,983 --> 00:29:46,326
Thank you.
623
00:29:55,894 --> 00:29:58,101
I'm very sorry for your loss.
624
00:30:00,899 --> 00:30:05,177
While Jason was at NYU, he was arrested
a number of times, isn't that right?
625
00:30:06,104 --> 00:30:08,084
For demonstrating
against the Vietnam War.
626
00:30:08,140 --> 00:30:09,710
A lot of young people did that.
627
00:30:09,841 --> 00:30:11,878
I doubt many were
arrested six times,
628
00:30:11,977 --> 00:30:14,685
including once for throwing a
bottle at a police officer.
629
00:30:14,746 --> 00:30:17,283
My son collected food
for poor people.
630
00:30:17,616 --> 00:30:20,529
He helped underprivileged
children learn to read.
631
00:30:20,652 --> 00:30:23,963
And he participated in
violent demonstrations.
632
00:30:24,022 --> 00:30:25,433
Do you know what
he did in Chile?
633
00:30:25,724 --> 00:30:28,000
He had a summer job
at a radio station.
634
00:30:28,060 --> 00:30:29,630
Station FPG.
635
00:30:29,695 --> 00:30:32,904
In Spanish, those letters stand
for the Guevara Popular Front.
636
00:30:32,965 --> 00:30:35,275
You know who Che Guevara was?
637
00:30:35,367 --> 00:30:36,471
I'm not sure.
638
00:30:36,535 --> 00:30:38,708
He was a communist
revolutionary.
639
00:30:38,770 --> 00:30:40,511
He was a friend
of Fidel Castro.
640
00:30:40,572 --> 00:30:42,347
He went to Bolivia
to start a revolution.
641
00:30:42,407 --> 00:30:44,045
He killed innocent people.
642
00:30:44,109 --> 00:30:49,149
Jason wasn't like that.
He was just a big-hearted boy.
643
00:30:49,214 --> 00:30:53,993
A big-hearted boy with a taste for
violence and for communist rhetoric.
644
00:30:54,353 --> 00:30:57,425
A foolhardy boy who went to a foreign
country to preach revolution,
645
00:30:57,489 --> 00:30:59,230
just like his hero,
Che Guevara.
646
00:30:59,291 --> 00:31:00,326
Objection.
647
00:31:00,392 --> 00:31:03,271
Sustained. Dial it
down, Mr. Chiles.
648
00:31:05,664 --> 00:31:08,076
No further questions,
Your Honor.
649
00:31:11,536 --> 00:31:17,509
I was an accountant for the Agrarian
Reform Movement of President Allende.
650
00:31:17,876 --> 00:31:20,447
I was arrested four days
after the coup.
651
00:31:20,712 --> 00:31:24,023
I was taken to the National
Stadium in Santiago.
652
00:31:24,917 --> 00:31:26,794
What happened
once you got there?
653
00:31:26,852 --> 00:31:30,800
It was filled with thousands
of political prisoners.
654
00:31:30,856 --> 00:31:35,305
Many people I knew.
I met a young American,
655
00:31:35,661 --> 00:31:39,507
that boy, Jason Whitman.
656
00:31:40,632 --> 00:31:45,445
He had been interrogated by the
National Intelligence Directory.
657
00:31:45,837 --> 00:31:46,838
The DINA.
658
00:31:47,205 --> 00:31:49,446
A force commanded
by Colonel Pantoya.
659
00:31:49,508 --> 00:31:50,509
Yes.
660
00:31:51,777 --> 00:31:55,418
He had been beaten up
in the face and on his body.
661
00:31:56,381 --> 00:32:01,626
He tried to make jokes, but he was in
very much pain He was very frightened.
662
00:32:02,287 --> 00:32:05,029
There were many people
like him at the stadium.
663
00:32:05,090 --> 00:32:06,967
Many people who
had been tortured.
664
00:32:07,025 --> 00:32:08,698
What happened to him?
665
00:32:09,628 --> 00:32:13,440
Two days after I got there, the soldiers
came in the night and took him away.
666
00:32:13,565 --> 00:32:14,976
I never saw him again.
667
00:32:15,033 --> 00:32:18,071
McCOY: Were you also interrogated
by Colonel Pantoya's men?
668
00:32:18,804 --> 00:32:19,874
Yes.
669
00:32:19,971 --> 00:32:21,848
And what happened to you
in those interrogations?
670
00:32:21,907 --> 00:32:24,319
Objection. I don't see
the relevance in...
671
00:32:24,376 --> 00:32:26,447
I do. Overruled.
672
00:32:27,879 --> 00:32:29,449
Go ahead, Mr. Reyes.
673
00:32:31,483 --> 00:32:34,828
They hung me upside
down by my ankles
674
00:32:34,886 --> 00:32:36,888
and burned me with cigarettes.
675
00:32:38,423 --> 00:32:42,769
They put electrodes on my
tongue and my eyelids.
676
00:32:44,096 --> 00:32:45,700
They would not let me sleep.
677
00:32:47,499 --> 00:32:49,501
They tried to drown me.
678
00:32:49,568 --> 00:32:54,108
Three times they put a gun at my
head and pretended to shoot me.
679
00:32:55,607 --> 00:32:58,213
They did this to me
for two months.
680
00:32:58,276 --> 00:33:01,052
And you're positive that the
people who tortured you
681
00:33:01,113 --> 00:33:03,320
were under the command
of Colonel Pantoya?
682
00:33:03,915 --> 00:33:05,087
Yes.
683
00:33:05,884 --> 00:33:08,228
He visited the prison
many times.
684
00:33:09,354 --> 00:33:13,962
The man you laughed at, the man
hanging like a pig, it was me!
685
00:33:14,860 --> 00:33:18,205
Through my blood and my
tears, I saw you, Colonel.
686
00:33:23,201 --> 00:33:26,648
PANTOYA: There was war and
anarchy in my country.
687
00:33:26,705 --> 00:33:29,652
Allende and his
pack of communists
688
00:33:29,708 --> 00:33:32,712
were stealing private property,
689
00:33:32,777 --> 00:33:36,748
bankrupting the country with
their irresponsible ideas.
690
00:33:37,349 --> 00:33:40,353
Then we acted
to save the republic,
691
00:33:40,452 --> 00:33:44,559
and we acted with the support
of the American government.
692
00:33:45,290 --> 00:33:48,271
CHILES: Is it true that you imprisoned
the supporters of the Allende regime?
693
00:33:48,560 --> 00:33:51,006
Yes. To preserve
our democracy.
694
00:33:51,463 --> 00:33:53,841
Many of these prisoners
were tortured?
695
00:33:54,232 --> 00:33:56,269
Ah, well, they...
(EXCLAIMS)
696
00:33:56,334 --> 00:33:59,543
They were interrogated,
let's say, vigorously.
697
00:33:59,604 --> 00:34:01,914
I mean, these people were
very dangerous people.
698
00:34:01,973 --> 00:34:06,683
I mean, many of them belonged to
armed groups financed by Cuba
699
00:34:07,179 --> 00:34:08,385
and by the Soviet Union.
700
00:34:08,680 --> 00:34:10,523
Some of them were executed?
701
00:34:11,349 --> 00:34:17,129
Only the ones, uh, that were found guilty
of treason by a military tribunal.
702
00:34:19,858 --> 00:34:23,135
How do you explain
Jason Whitman's death?
703
00:34:24,462 --> 00:34:28,035
A mistake.
A regrettable mistake,
704
00:34:28,099 --> 00:34:30,579
during time of crisis.
705
00:34:30,936 --> 00:34:34,247
It was not sanctioned by me or
by anyone under my command.
706
00:34:35,540 --> 00:34:40,148
I am not stupid enough to pick
a fight with the United States
707
00:34:40,212 --> 00:34:42,192
by killing one of its citizens.
708
00:34:43,214 --> 00:34:44,955
Thank you, Colonel.
709
00:34:51,022 --> 00:34:53,559
Are you familiar with the
"Caravan of Death," Colonel?
710
00:34:53,792 --> 00:34:55,465
(SIGHS) I will not answer.
711
00:34:55,794 --> 00:34:58,434
It was a Chilean
military death squad
712
00:34:58,663 --> 00:35:02,440
that executed hundreds of political prisoners.
Isn't that right?
713
00:35:03,268 --> 00:35:05,475
I'm not responding to fables.
714
00:35:05,537 --> 00:35:07,210
Fables?
Yes.
715
00:35:07,272 --> 00:35:10,446
People's Fifty-eight.
716
00:35:10,709 --> 00:35:15,419
Colonel, according to these reports
from reputable human rights groups,
717
00:35:15,814 --> 00:35:18,886
over 4000 people disappeared
under your regime.
718
00:35:18,950 --> 00:35:22,591
Another 50,000 were
systematically tortured.
719
00:35:22,654 --> 00:35:26,397
Objection. Colonel Pantoya is not
on trial for these alleged crimes.
720
00:35:26,458 --> 00:35:30,668
Sustained. The jury will disregard.
Move it along, Mr. McCoy.
721
00:35:32,164 --> 00:35:34,701
We heard testimony
that Captain Albrecht
722
00:35:34,766 --> 00:35:37,246
telexed Jason Whitman's
whereabouts to you.
723
00:35:38,036 --> 00:35:39,344
What did you do
with that information?
724
00:35:39,404 --> 00:35:41,179
I will not answer.
725
00:35:42,340 --> 00:35:44,581
I have immunity
from my government.
726
00:35:44,643 --> 00:35:46,919
You had him executed,
didn't you?
727
00:35:46,978 --> 00:35:52,951
Who are you to judge what I
did in defense of my country?
728
00:35:53,084 --> 00:35:56,429
You had the planes, the tanks, the guns.
729
00:35:56,488 --> 00:35:57,796
What did Jason Whitman have?
730
00:35:58,223 --> 00:35:59,896
A tape recorder?
731
00:35:59,958 --> 00:36:01,699
If you go to a fox hunt,
732
00:36:02,994 --> 00:36:04,496
don't dress as fox.
733
00:36:07,232 --> 00:36:09,735
And Mrs. Whitman's
little boy
734
00:36:11,436 --> 00:36:12,881
went to Chile
735
00:36:13,738 --> 00:36:15,684
to help the communists
736
00:36:16,641 --> 00:36:18,587
destroy my country.
737
00:36:18,643 --> 00:36:20,554
JACK: So it's his
fault he's dead?
738
00:36:20,612 --> 00:36:21,716
PANTOYA:
I'm not answering.
739
00:36:22,113 --> 00:36:23,592
You broke his body,
740
00:36:24,616 --> 00:36:27,187
and then you put three bullets in his head.
Isn't that right?
741
00:36:28,220 --> 00:36:29,631
I have immunity.
742
00:36:29,688 --> 00:36:32,328
Not from these 12
people, Colonel.
743
00:36:32,657 --> 00:36:35,695
Your Honor, since the
witness refuses to testify.
744
00:36:35,760 --> 00:36:37,569
I move to strike
his entire testimony.
745
00:36:40,599 --> 00:36:42,010
Motion granted.
746
00:36:42,801 --> 00:36:45,839
The jury will disregard
Mr. Pantoya's testimony.
747
00:36:45,904 --> 00:36:47,781
JACK: Thank you,
Your Honor.
748
00:36:52,844 --> 00:36:55,450
Mr. Foreman, has the
jury reached a verdict?
749
00:36:56,047 --> 00:36:57,822
We have, Your Honor.
750
00:36:58,316 --> 00:37:00,626
BUSEY: Will the
defendant please rise.
751
00:37:01,319 --> 00:37:02,320
(WHISPERS)
752
00:37:04,022 --> 00:37:08,232
Your Honor, could my client be excused
from rising for reasons of health?
753
00:37:08,927 --> 00:37:11,305
No, no. I refuse.
754
00:37:12,197 --> 00:37:13,335
I can stand,
755
00:37:14,399 --> 00:37:15,469
but I refuse.
756
00:37:15,533 --> 00:37:17,672
Mr. Pantoya.
PANTOYA: I'm a Colonel
757
00:37:18,203 --> 00:37:19,978
and a Senator,
758
00:37:20,038 --> 00:37:23,485
and I do not recognize
your right to judge me.
759
00:37:24,542 --> 00:37:26,317
So I will not stand.
760
00:37:28,013 --> 00:37:29,754
Fine. Let him sit.
761
00:37:31,316 --> 00:37:32,659
Mr. Foreman,
762
00:37:32,851 --> 00:37:34,694
on the sole count
of the indictment,
763
00:37:34,753 --> 00:37:36,289
conspiracy in the first degree.
764
00:37:36,955 --> 00:37:38,229
How do you find?
765
00:37:38,290 --> 00:37:40,531
We the jury in the
above entitled action,
766
00:37:40,592 --> 00:37:45,063
find the defendant, Emilio
Sandoval Amando Pantoya
767
00:37:45,130 --> 00:37:46,473
guilty,
768
00:37:46,531 --> 00:37:47,942
(PEOPLE MURMURING)
769
00:37:54,239 --> 00:37:55,843
(SIGHS)
770
00:37:56,908 --> 00:38:00,481
ADAM: This is my favorite.
"Jury Fries The Colonel."
771
00:38:00,545 --> 00:38:01,580
(LAUGHS)
772
00:38:03,381 --> 00:38:05,520
If I didn't know better,
I'd offer you a drink.
773
00:38:05,617 --> 00:38:07,324
We'll see how it
does on appeal.
774
00:38:07,385 --> 00:38:10,025
Try to enjoy something
while it lasts.
775
00:38:10,188 --> 00:38:12,259
I'm happy about the verdict
but, by all rights,
776
00:38:12,324 --> 00:38:15,567
Pantoya should been tried
by a jury of his peers.
777
00:38:15,627 --> 00:38:18,267
By his fellow countrymen,
in a Chilean court.
778
00:38:18,897 --> 00:38:20,843
Murder is murder, wherever.
779
00:38:21,933 --> 00:38:24,607
(KNOCK ON DOOR) As long as
justice gets done. Yes?
780
00:38:24,803 --> 00:38:26,840
If you think you heard
a shoe drop, you did.
781
00:38:26,905 --> 00:38:28,009
(SIGHS)
782
00:38:28,072 --> 00:38:30,143
Thanks to our friends in the
Attorney General's Office,
783
00:38:30,208 --> 00:38:33,712
Pantoya's gotten himself an emergency
expedited hearing before the Supreme Court
784
00:38:33,778 --> 00:38:35,382
on a writ of habeas corpus.
785
00:38:35,447 --> 00:38:36,790
Of course.
786
00:38:37,816 --> 00:38:39,454
You don't really think
that the right wing
787
00:38:39,517 --> 00:38:41,690
of the Supreme Court is going
to let you get away with this?
788
00:38:41,753 --> 00:38:44,393
Not to mention Madam
Justice from Arizona.
789
00:38:44,589 --> 00:38:46,398
She isn't in anybody's pocket.
790
00:38:46,591 --> 00:38:50,334
Fine. One wild card. Not much
to hang your reputation on.
791
00:38:50,395 --> 00:38:52,534
You let us worry
about our reputation.
792
00:38:52,764 --> 00:38:55,938
Hmm. I'm thinking about
Adam Schiff's reputation.
793
00:38:56,501 --> 00:38:57,639
You in lose in D.C.,
794
00:38:57,702 --> 00:38:59,340
and how long do you think it'll
take the voters to realize
795
00:38:59,404 --> 00:39:02,681
what a massive waste of time
and resources this has been?
796
00:39:02,941 --> 00:39:06,650
What damage has been done to the credibility
of the District Attorney's Office?
797
00:39:06,711 --> 00:39:09,157
And they will take it
out on him, McCoy.
798
00:39:09,781 --> 00:39:13,228
You asked for this meeting You got
anything besides the guilt trip?
799
00:39:13,284 --> 00:39:16,731
Agree to probation. You make
your point, you save face,
800
00:39:16,788 --> 00:39:18,358
Colonel Pantoya goes home.
801
00:39:18,923 --> 00:39:21,369
I might as well spit
in the jury's eye.
802
00:39:22,260 --> 00:39:24,103
I'd rather have an acquittal
803
00:39:24,162 --> 00:39:25,800
than give your
client probation.
804
00:39:26,931 --> 00:39:28,410
Fine.
805
00:39:32,570 --> 00:39:33,571
(DOOR SHUTS)
806
00:39:33,638 --> 00:39:35,618
Probation would at least
preserve the verdict.
807
00:39:35,840 --> 00:39:37,046
You'd win on principle.
808
00:39:38,243 --> 00:39:40,587
I'll remember that the next time
you push for the death penalty.
809
00:39:41,513 --> 00:39:43,049
Well, then, maybe
I've misunderstood.
810
00:39:43,114 --> 00:39:44,684
I thought this case
was about principle
811
00:39:44,749 --> 00:39:46,956
because it certainly
not been about the law.
812
00:39:47,018 --> 00:39:48,929
You don't think I've followed
the letter of the law?
813
00:39:49,020 --> 00:39:51,523
I think you've skated on
the thin edge of the page.
814
00:39:51,589 --> 00:39:53,762
Maybe it's time to take your
winnings off the table.
815
00:39:53,825 --> 00:39:55,168
We haven't won anything yet.
816
00:39:56,594 --> 00:39:57,868
(SIGHS)
817
00:39:57,929 --> 00:39:59,966
Guess we go to Washington.
818
00:40:06,204 --> 00:40:08,309
Upholding the conviction
of Colonel Pantoya
819
00:40:08,373 --> 00:40:09,681
would fly in the face
of the immunity
820
00:40:09,741 --> 00:40:11,448
granted him by the very people
821
00:40:11,509 --> 00:40:14,046
he allegedly oppressed
and tortured.
822
00:40:14,245 --> 00:40:16,851
If a state such
as Iraq or Libya
823
00:40:16,915 --> 00:40:19,361
were to grant immunity
to a criminal,
824
00:40:19,417 --> 00:40:21,192
must we be bound by it?
825
00:40:21,252 --> 00:40:24,324
Madam Justice, Chile is not
a renegade terrorist state.
826
00:40:24,722 --> 00:40:26,599
Its present government
was democratically elected
827
00:40:26,658 --> 00:40:29,104
and it is an ally
to the United States.
828
00:40:29,227 --> 00:40:31,070
The prosecution of
former ministers
829
00:40:31,129 --> 00:40:33,632
of a sovereign state for
transgressions committed in Chile
830
00:40:33,698 --> 00:40:36,508
would violate treaties
between our countries.
831
00:40:36,568 --> 00:40:39,071
It trespasses on the
constitutional powers
832
00:40:39,170 --> 00:40:42,276
of our executive branch
to conduct foreign policy.
833
00:40:42,340 --> 00:40:46,311
But, Mr. Chiles, if a jurisdictional
nexus has been established,
834
00:40:46,778 --> 00:40:51,921
why should the prosecution of serious
crimes become hostage to foreign policy?
835
00:40:51,983 --> 00:40:56,523
If this conviction stands, it
will be end of foreign policy.
836
00:40:57,222 --> 00:41:00,101
Imagine our President, while on
a visit to a foreign country,
837
00:41:00,158 --> 00:41:02,502
being arrested on
warrant issued by China
838
00:41:02,560 --> 00:41:04,767
for the bombing of their
embassy in Serbia.
839
00:41:04,829 --> 00:41:06,536
Or a former Secretary of State
840
00:41:06,598 --> 00:41:10,410
being tried in Cambodia for the killing
of civilians during the Vietnam War.
841
00:41:10,535 --> 00:41:13,539
This conviction would
legitimize such prosecutions.
842
00:41:13,605 --> 00:41:17,747
How could any President conduct foreign
policy under these circumstances?
843
00:41:17,942 --> 00:41:21,685
Only the narrowest reading of
jurisdictional statutes must apply.
844
00:41:22,046 --> 00:41:24,583
The sovereignty of democratically
elected governments
845
00:41:24,649 --> 00:41:28,256
in judicial manners
must be respected.
846
00:41:28,686 --> 00:41:31,064
The alternative is anarchy,
847
00:41:31,122 --> 00:41:33,659
under the guise of
criminal prosecution.
848
00:41:34,058 --> 00:41:36,902
CHIEF JUSTICE: Thank you, Mr. Chiles.
Mr. McCoy.
849
00:41:40,732 --> 00:41:43,269
Thank you, Mr. Chief Justice.
May it please the Court.
850
00:41:45,303 --> 00:41:48,807
Man has only the
rights he can defend.
851
00:41:49,874 --> 00:41:52,184
Our most basic right is life.
852
00:41:53,478 --> 00:41:55,981
It's enshrined, not only
in our Constitution,
853
00:41:56,047 --> 00:41:58,357
but in the charter of
the United Nations.
854
00:41:58,416 --> 00:42:03,365
The prohibition against taking a life
is found in our most ancient texts
855
00:42:03,421 --> 00:42:05,958
and in the statutes
of every nation.
856
00:42:06,457 --> 00:42:07,800
Every murder,
857
00:42:07,859 --> 00:42:11,864
whether in Brooklyn,
Santiago, Rwanda or Kosovo
858
00:42:12,830 --> 00:42:16,300
demands punishment by whatever
legal means possible.
859
00:42:16,534 --> 00:42:20,744
Otherwise, the right to life
is just an empty promise.
860
00:42:20,805 --> 00:42:24,912
But, Mr. McCoy, doesn't using
a jurisdictional fig leaf
861
00:42:25,109 --> 00:42:29,023
to propel prosecution undermine
the statutes you refer to?
862
00:42:29,113 --> 00:42:30,820
On the contrary, Madam Justice.
863
00:42:30,882 --> 00:42:34,295
Timidity in the pursuit of
murderers is no virtue.
864
00:42:34,752 --> 00:42:39,565
The Founding Fathers affirmed
life as an absolute right.
865
00:42:40,024 --> 00:42:42,595
If the laws protecting that
right are to have any meaning,
866
00:42:42,660 --> 00:42:45,163
they must be given the
broadest interpretation.
867
00:42:45,363 --> 00:42:47,934
What about the
appellant's contention
868
00:42:47,999 --> 00:42:51,742
that upholding this conviction
would open a Pandora's box
869
00:42:52,070 --> 00:42:54,880
and hinder the conduct
of our foreign policy.
870
00:42:54,939 --> 00:42:57,010
The precedent has
already been set.
871
00:42:57,108 --> 00:42:59,611
Heads of state can be
tried for war crimes.
872
00:42:59,844 --> 00:43:02,347
An American President
sent the Marines to Panama
873
00:43:02,413 --> 00:43:05,360
to arrest President Noriega
for drug smuggling.
874
00:43:06,017 --> 00:43:08,759
And if this case gives
our own leaders pause
875
00:43:08,953 --> 00:43:11,263
before they drop
a load of napalm
876
00:43:11,322 --> 00:43:14,826
on a village full of children
in a neutral country,
877
00:43:14,892 --> 00:43:16,701
that can't be a bad thing.
878
00:43:18,029 --> 00:43:21,909
The law against murder
applies to all.
879
00:43:21,966 --> 00:43:23,570
No matter the perpetrator,
880
00:43:23,835 --> 00:43:26,782
the victim or the country where
the murder is committed.
881
00:43:27,472 --> 00:43:29,645
It's the one moral law
that recognizes
882
00:43:29,707 --> 00:43:33,621
no national, racial
or religious boundaries.
883
00:43:33,978 --> 00:43:38,051
It can tolerate no exceptions.
There is one law.
884
00:43:38,616 --> 00:43:40,687
One law.
885
00:43:41,352 --> 00:43:43,059
And when that law is broken
886
00:43:43,121 --> 00:43:45,727
it's the duty of every
officer of any court
887
00:43:45,790 --> 00:43:47,701
to rise up in
defense of that law
888
00:43:48,092 --> 00:43:52,438
and bring their full power and diligence
to bear against the lawbreaker.
889
00:43:53,197 --> 00:43:58,146
Because man has only those
rights he can defend.
890
00:43:59,971 --> 00:44:01,644
Only those rights.
891
00:44:04,909 --> 00:44:06,252
Thank you.
892
00:44:15,653 --> 00:44:19,965
Well, we wait here another five
hours or go back to the hotel?
893
00:44:20,024 --> 00:44:22,334
The clerk said it might
not be too much longer.
894
00:44:22,393 --> 00:44:24,634
Quick turnaround
for this court.
895
00:44:24,695 --> 00:44:27,073
Doesn't sound promising.
896
00:44:27,131 --> 00:44:29,008
Win, lose. You fought
the good fight.
897
00:44:30,468 --> 00:44:31,776
Amen to that.
898
00:44:31,836 --> 00:44:34,373
Well, if that
isn't reason for hope.
899
00:44:36,841 --> 00:44:38,115
Here comes the clerk.
900
00:44:39,010 --> 00:44:40,717
Looks like she's
holding the decision.
901
00:44:40,767 --> 00:44:45,317
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