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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:06,339 --> 00:00:08,102 NARRATOR: In the criminal justice system 2 00:00:08,174 --> 00:00:12,042 the people are represented by two separate yet equally important groups, 3 00:00:12,112 --> 00:00:13,909 the police who investigate crime 4 00:00:13,980 --> 00:00:16,778 and the district attorneys who prosecute the offenders. 5 00:00:16,850 --> 00:00:18,249 These are their stories. 6 00:00:19,352 --> 00:00:22,844 Watch your step getting off. Have fun, stay safe. 7 00:00:22,922 --> 00:00:25,652 For you shop-till-you-drop types, 8 00:00:25,725 --> 00:00:28,660 I suggest Ming's General Store, right here. 9 00:00:28,728 --> 00:00:30,423 Best prices in Chinatown 10 00:00:30,497 --> 00:00:33,830 and a complimentary Big Apple snow globe with every purchase. 11 00:00:33,900 --> 00:00:35,299 What time do we need to be back? 12 00:00:35,402 --> 00:00:36,562 You've got about three hours. 13 00:00:36,636 --> 00:00:38,331 If we're going to beat the traffic out of the city, 14 00:00:38,405 --> 00:00:40,202 we got to be on the road by 4:00. 15 00:00:40,940 --> 00:00:44,535 Yeah, I get it, but 5% is not what we agreed to. 16 00:00:45,779 --> 00:00:47,644 Your overhead? Give me a break. 17 00:00:47,714 --> 00:00:49,682 Have you seen what diesel's going for? 18 00:00:50,483 --> 00:00:52,178 Aw, jeez. Hold on a minute. 19 00:00:52,252 --> 00:00:55,278 I think one of my passengers did his shopping in a bar. 20 00:00:55,855 --> 00:00:57,584 Hey, buddy! 21 00:00:58,958 --> 00:01:00,016 You okay there? 22 00:01:03,329 --> 00:01:04,523 Jesus! 23 00:01:04,998 --> 00:01:07,228 The bus driver said his name was Timmons. 24 00:01:07,300 --> 00:01:09,131 They're a church group from upstate. 25 00:01:09,202 --> 00:01:11,227 Dargerville. That's way upstate. 26 00:01:12,105 --> 00:01:15,939 William Timmons, 36, full deck of credit cards, plenty of cash. 27 00:01:16,009 --> 00:01:17,909 Those church folks were set on this being a mugging. 28 00:01:18,478 --> 00:01:20,105 They'll be disappointed. 29 00:01:20,413 --> 00:01:23,177 Haven't they heard? Nobody gets mugged in New York anymore. 30 00:01:23,249 --> 00:01:25,046 Looks like two shots from up close. 31 00:01:25,118 --> 00:01:27,143 Nobody said they heard anything. 32 00:01:27,220 --> 00:01:28,517 There's a blood trail into the alley. 33 00:01:33,159 --> 00:01:34,592 What have you fellows got for us? 34 00:01:34,661 --> 00:01:36,492 We got spatter on the wall there 35 00:01:36,563 --> 00:01:39,828 and a bloody palm print here, probably from the victim. 36 00:01:39,899 --> 00:01:41,332 No shell casings. 37 00:01:41,401 --> 00:01:43,869 Shooter either picked them up or used a revolver. 38 00:01:43,937 --> 00:01:46,462 You got to wonder what Mr. Timmons was doing back here. 39 00:01:46,706 --> 00:01:48,298 I mean, he didn't come all the way from Dargerville 40 00:01:48,374 --> 00:01:49,932 to visit a New York City alley. 41 00:01:50,543 --> 00:01:52,340 Maybe he thought the dumpster-diving's better here. 42 00:02:44,030 --> 00:02:46,624 He sat up front, took both seats for himself. 43 00:02:46,699 --> 00:02:49,862 Usually the ones that sit up front like to chat, but not this one. 44 00:02:50,370 --> 00:02:51,997 Timmons, right, that was his name? 45 00:02:52,071 --> 00:02:54,403 Yeah. Did he say why he was coming into the city? 46 00:02:54,507 --> 00:02:57,874 No. He asked how long he had to walk around. 47 00:02:59,179 --> 00:03:01,170 Sounds like this was his first time on your bus. 48 00:03:01,247 --> 00:03:02,373 I'm pretty sure it was. 49 00:03:02,448 --> 00:03:03,779 St. Giles' up in Dargerville 50 00:03:03,850 --> 00:03:06,717 hires me every couple of months to take a group down here. 51 00:03:07,587 --> 00:03:10,886 He wasn't a regular parishioner, I can tell you that. 52 00:03:10,957 --> 00:03:13,517 I take the collection every Sunday and I've never seen him. 53 00:03:13,593 --> 00:03:15,788 Did you see Mr. Timmons when you were out shopping? 54 00:03:15,862 --> 00:03:17,329 We didn't do much shopping. 55 00:03:21,067 --> 00:03:22,864 Those are just some souvenirs. 56 00:03:22,936 --> 00:03:24,836 Really? Mind if I take a look? 57 00:03:28,441 --> 00:03:31,740 Check this out. This looks like real Italian leather to me. 58 00:03:33,947 --> 00:03:35,608 This must've set you back a bunch. 59 00:03:36,449 --> 00:03:37,507 They were cheap. 60 00:03:37,584 --> 00:03:38,881 Because they're fakes? 61 00:03:39,118 --> 00:03:42,315 Bob, our driver, says we aren't really breaking the law. 62 00:03:42,388 --> 00:03:44,083 Oh, so this was Bob's idea? 63 00:03:44,157 --> 00:03:46,751 He knows the shops with the best deals. 64 00:03:46,826 --> 00:03:48,487 Lately, it's been Ming's. 65 00:03:48,561 --> 00:03:51,325 And before there, it was someplace else? 66 00:03:51,598 --> 00:03:54,431 A place called Y.K.'s. 67 00:03:54,500 --> 00:03:55,728 But the last time we were there, 68 00:03:55,802 --> 00:03:58,862 he got into some kind of argument with the proprietor. 69 00:03:58,938 --> 00:04:00,166 Some kind of argument? 70 00:04:00,240 --> 00:04:01,832 They gave him a black eye. 71 00:04:02,308 --> 00:04:04,674 So the stores give me a little taste. 72 00:04:04,744 --> 00:04:06,143 I steer a lot of business to them. 73 00:04:06,212 --> 00:04:09,079 So, you don't have a problem promoting the sale of counterfeit goods? 74 00:04:09,148 --> 00:04:12,083 Have you ever seen the factories where they make these knockoffs? 75 00:04:12,285 --> 00:04:13,946 Little kids running big machines. 76 00:04:14,020 --> 00:04:16,352 Fifteen-hour days, no breaks. 77 00:04:16,422 --> 00:04:18,253 A piece of rat meat for lunch. 78 00:04:18,925 --> 00:04:20,153 You're making this up. 79 00:04:20,226 --> 00:04:23,320 Sure, just like we made up the shiner you got the last time you were in town. 80 00:04:24,464 --> 00:04:25,590 That? 81 00:04:26,032 --> 00:04:28,023 I ran into a lamp post. (CHUCKLES) 82 00:04:28,434 --> 00:04:30,197 You don't get it, do you, Bob? 83 00:04:30,370 --> 00:04:32,338 When you switched from Y.K.'s to Ming's, 84 00:04:32,405 --> 00:04:34,202 you put yourself in the middle of a turf war. 85 00:04:34,274 --> 00:04:37,266 Killing Timmons. That was a warning to you. 86 00:04:38,311 --> 00:04:39,300 To me? 87 00:04:39,379 --> 00:04:41,313 Yeah. You don't steer your passengers back to Y.K.'s, 88 00:04:41,381 --> 00:04:43,474 the next time they're going to come after you. 89 00:04:46,519 --> 00:04:48,578 Well, um, what do you want me to do? 90 00:04:51,891 --> 00:04:54,917 Police. Everybody! Up against this wall, right now. 91 00:04:55,695 --> 00:04:57,663 We're looking for Mr. Y.K. 92 00:04:58,131 --> 00:04:59,428 Anybody seen him? 93 00:05:00,566 --> 00:05:01,794 Nobody? 94 00:05:03,236 --> 00:05:04,225 I'm Y.K. 95 00:05:04,304 --> 00:05:06,568 Mr. Y.K., you're under arrest for assault. 96 00:05:06,639 --> 00:05:07,970 Yeah, who say that? 97 00:05:08,041 --> 00:05:09,508 The bus driver you punched. 98 00:05:10,376 --> 00:05:11,968 I no punch no bus driver. 99 00:05:12,211 --> 00:05:13,838 (IN CANTONESE) 100 00:05:18,551 --> 00:05:20,246 This guy, he was in your store? 101 00:05:20,553 --> 00:05:21,884 No, we no see him. 102 00:05:23,756 --> 00:05:25,087 Hey, you speak Chinese? 103 00:05:25,158 --> 00:05:28,252 You keep lying to me, and my Chinese will be the least of your worries. 104 00:05:29,162 --> 00:05:31,596 Okay. He ask me how to get to subway. 105 00:05:32,065 --> 00:05:33,396 I tell him, you buy map. 106 00:05:34,067 --> 00:05:35,591 He very cheap. You know why? 107 00:05:35,668 --> 00:05:38,159 Because he buy paper map, he not even buy laminated. 108 00:05:38,471 --> 00:05:41,167 The M.E. Pulled two slugs out of Timmons, both.38s. 109 00:05:41,240 --> 00:05:44,232 So what do you make of the puncture marks on his forearm? 110 00:05:44,310 --> 00:05:45,834 Track marks. The way they're scarred over, 111 00:05:45,912 --> 00:05:47,539 I'd say he's been off the needle for a good year. 112 00:05:47,613 --> 00:05:50,776 No, not those, these here. They look like pin pricks. 113 00:05:50,950 --> 00:05:52,281 Maybe he got acupuncture. 114 00:05:52,352 --> 00:05:55,253 The Transit Authority found Timmons on their cameras. 115 00:05:55,355 --> 00:05:57,152 They sent me over the link. 116 00:06:00,460 --> 00:06:02,485 Here he is at the Canal Street station. 117 00:06:02,562 --> 00:06:04,860 VAN BUREN: He's taking the uptown R. 118 00:06:07,734 --> 00:06:10,897 They got him coming out of the station at 28th and Broadway. 119 00:06:11,604 --> 00:06:13,902 Look, look. He's heading north on Broadway. 120 00:06:14,407 --> 00:06:15,897 What's north on Broadway? 121 00:06:15,975 --> 00:06:17,374 Macy's, the Garden... 122 00:06:17,443 --> 00:06:18,808 The flower district. 123 00:06:18,878 --> 00:06:21,472 The pin pricks on his arm could be from thorns. 124 00:06:22,315 --> 00:06:23,942 Yep, that's the guy. 125 00:06:24,417 --> 00:06:26,885 The manager, Dianne, she got into a fight with him. 126 00:06:26,953 --> 00:06:28,545 What about? I don't know. 127 00:06:28,688 --> 00:06:30,121 He came in and asked for her. 128 00:06:30,189 --> 00:06:31,850 I went into the back to get her. 129 00:06:31,924 --> 00:06:33,414 I come back a couple of minutes later 130 00:06:33,493 --> 00:06:35,620 and she's screaming at him and hitting him. 131 00:06:35,962 --> 00:06:37,327 She knocked him into that. 132 00:06:37,463 --> 00:06:38,862 And this guy was just taking it? 133 00:06:39,265 --> 00:06:40,857 Not like he had a choice. 134 00:06:41,401 --> 00:06:44,666 Dianne, she's got some moves on her. 135 00:06:45,171 --> 00:06:47,605 So then, he's on the ground and Dianne says to me, 136 00:06:47,673 --> 00:06:50,471 "Don't let him go, I'll be right back." And then she split. 137 00:06:50,710 --> 00:06:53,008 What do you think she had in mind? I don't know. 138 00:06:53,546 --> 00:06:55,138 She lives right around the corner. 139 00:06:55,214 --> 00:06:57,409 So then, you handled Timmons? 140 00:06:57,750 --> 00:07:00,583 Sure, I put him in a headlock and I made him my bitch. 141 00:07:00,653 --> 00:07:02,917 What do you think? He split, too. 142 00:07:02,989 --> 00:07:05,423 What about Dianne, when she came back? 143 00:07:05,792 --> 00:07:07,453 She never came back at all. 144 00:07:07,527 --> 00:07:09,552 And she called in sick today. 145 00:07:13,232 --> 00:07:16,724 That's not him. Cesar gets people mixed up all the time. 146 00:07:17,703 --> 00:07:20,365 All right, then who's the guy you tossed into the flower cart? 147 00:07:20,940 --> 00:07:22,407 Some creep who thought he knew me. 148 00:07:23,342 --> 00:07:24,604 And that gets him a beatdown? 149 00:07:25,211 --> 00:07:26,235 He tried to touch me. 150 00:07:26,512 --> 00:07:28,275 Then you ran outside 151 00:07:28,347 --> 00:07:30,815 and told Cesar to keep him there until you came back. 152 00:07:31,551 --> 00:07:33,985 I needed to get away. I was upset. 153 00:07:35,254 --> 00:07:36,881 Are you still upset now? 154 00:07:36,956 --> 00:07:38,480 Is that why you called in sick? 155 00:07:40,426 --> 00:07:42,360 I don't think I like the tone of your question. 156 00:07:42,428 --> 00:07:43,861 You do martial arts? 157 00:07:43,930 --> 00:07:45,864 Cesar said you had some moves. 158 00:07:46,399 --> 00:07:48,128 I train in DZR jujitsu. 159 00:07:48,434 --> 00:07:50,994 These your certificates? It's impressive. 160 00:07:52,405 --> 00:07:54,100 Intimidating, that's the idea, right? 161 00:07:54,640 --> 00:07:57,131 In case one of your guests gets an idea in his head. 162 00:07:57,210 --> 00:07:58,837 I want you to leave now. 163 00:08:00,079 --> 00:08:01,603 Like this one here. 164 00:08:02,081 --> 00:08:04,379 From the NRA, for marksmanship. 165 00:08:05,451 --> 00:08:06,713 That would make a guy think twice. 166 00:08:06,786 --> 00:08:08,117 I want you to go. 167 00:08:10,523 --> 00:08:11,990 Yes, ma'am. 168 00:08:12,058 --> 00:08:13,616 Lupo. Sure. 169 00:08:15,661 --> 00:08:17,026 Excuse me. 170 00:08:17,897 --> 00:08:19,592 Hey! Hey! Hey! Hey! Hey! Hey! 171 00:08:20,633 --> 00:08:22,464 You really don't like people touching you. 172 00:08:22,535 --> 00:08:23,934 You did that on purpose. 173 00:08:24,003 --> 00:08:25,368 Shame on me. 174 00:08:25,438 --> 00:08:26,962 And now you're under arrest. 175 00:08:27,974 --> 00:08:31,000 BERNARD: The employee's positive it was Timmons in the flower shop. 176 00:08:31,077 --> 00:08:34,069 And it turns out that Dianne Cary's prior address 177 00:08:34,146 --> 00:08:36,637 was in Dargerville, the same as Timmons. 178 00:08:36,716 --> 00:08:39,184 They were hometown neighbors up until a couple years ago. 179 00:08:39,252 --> 00:08:41,220 Or maybe hometown sweethearts. 180 00:08:41,287 --> 00:08:43,016 Well, if so, I can see why she ditched him. 181 00:08:43,656 --> 00:08:47,422 Timmons had a dozen dope beefs, the last one six years ago. 182 00:08:47,493 --> 00:08:50,724 Then there was an arrest three years ago, but no charges were filed. 183 00:08:50,796 --> 00:08:53,390 So he drops in on Miss Cary to, what, 184 00:08:53,466 --> 00:08:55,093 rekindle the old flame? 185 00:08:55,234 --> 00:08:56,861 Instead stirs up some bad feelings. 186 00:08:56,936 --> 00:08:59,370 She decks him... And runs home to get the gun, 187 00:08:59,472 --> 00:09:00,905 except you didn't find it. 188 00:09:00,973 --> 00:09:03,874 She didn't win an NRA certificate with a Super Soaker. 189 00:09:03,943 --> 00:09:05,934 The.38 that killed Timmons 190 00:09:06,012 --> 00:09:08,879 is probably in a sewer between Chinatown and her place. 191 00:09:09,649 --> 00:09:10,809 Her sheet's clean. 192 00:09:10,883 --> 00:09:13,078 Only thing is a lien against her three years ago 193 00:09:13,152 --> 00:09:14,813 from a hospital in Dargerville. 194 00:09:14,887 --> 00:09:16,286 Three years ago. Mmm-hmm. 195 00:09:16,355 --> 00:09:17,686 When exactly? 196 00:09:18,891 --> 00:09:19,949 June 8th. 197 00:09:20,526 --> 00:09:22,494 Wasn't Timmons arrested June 9th? 198 00:09:22,562 --> 00:09:23,620 Mmm-hmm. 199 00:09:23,696 --> 00:09:26,358 What was Miss Cary in the hospital for? LUPO: Doesn't say. 200 00:09:26,432 --> 00:09:28,662 The medical info is redacted for privacy. 201 00:09:28,734 --> 00:09:31,601 The only thing is an itemized invoice attached to the lien. 202 00:09:42,915 --> 00:09:45,076 Miss Cary, I'm Lieutenant Van Buren. 203 00:09:45,151 --> 00:09:48,143 I want to file a complaint. That officer touched me inappropriately. 204 00:09:48,220 --> 00:09:50,279 Yes. Yes. 205 00:09:50,356 --> 00:09:54,452 We'll get to that, but first I need some information from you. 206 00:09:54,827 --> 00:09:58,160 Did you know William Timmons when you lived up in Dargerville? 207 00:09:58,297 --> 00:10:00,765 Thousands of people live in and around Dargerville. 208 00:10:00,833 --> 00:10:03,768 No doubt. What happened to you two up there? 209 00:10:03,836 --> 00:10:05,167 Nothing happened. 210 00:10:05,471 --> 00:10:07,302 I don't think you have the right to ask me... Miss Cary... 211 00:10:09,075 --> 00:10:12,067 The code on this itemized bill 212 00:10:12,645 --> 00:10:15,944 is from your hospital visit three years ago. 213 00:10:16,415 --> 00:10:18,747 This code is for a rape kit. 214 00:10:19,418 --> 00:10:22,945 The doctor took evidence in a rape investigation, 215 00:10:23,055 --> 00:10:26,183 and William Timmons was arrested the next day. 216 00:10:27,259 --> 00:10:29,989 Now, he was arrested 217 00:10:30,329 --> 00:10:33,992 but no charges were ever filed and he was released. 218 00:10:36,002 --> 00:10:38,197 Did he rape you and get away with it? 219 00:10:38,270 --> 00:10:40,101 Is that what this is about? 220 00:10:40,172 --> 00:10:41,469 I... 221 00:10:42,141 --> 00:10:43,335 No. 222 00:10:44,043 --> 00:10:46,034 I won't talk to you. I want my lawyer. 223 00:10:46,412 --> 00:10:47,640 I don't want to talk to the police at all. 224 00:10:47,713 --> 00:10:49,305 Just get the hell away from me. 225 00:10:51,917 --> 00:10:53,111 All right. 226 00:11:01,227 --> 00:11:03,525 The D.A. Of Otsego County couldn't find any record 227 00:11:03,596 --> 00:11:06,292 of a rape case involving Timmons or Dianne Cary. 228 00:11:06,365 --> 00:11:09,459 Then again, he said he'd only been in office a few months 229 00:11:09,535 --> 00:11:11,025 and his files were a mess. 230 00:11:11,103 --> 00:11:13,071 Or maybe the rape didn't happen. 231 00:11:14,073 --> 00:11:15,597 Everything about her tells me 232 00:11:15,675 --> 00:11:18,109 as far as she's concerned, she was raped. 233 00:11:18,177 --> 00:11:21,738 Well, we're not going to find out one way or the other 200 miles away. 234 00:11:21,814 --> 00:11:23,281 Let's hit the road. 235 00:11:23,416 --> 00:11:24,883 And away we go. 236 00:11:27,687 --> 00:11:29,120 NURSE: You check with Admitting? 237 00:11:29,188 --> 00:11:30,951 Yeah, they couldn't find it on their computer. 238 00:11:31,023 --> 00:11:32,251 That figures. 239 00:11:32,324 --> 00:11:33,848 When they upgraded two years ago, 240 00:11:33,926 --> 00:11:35,917 half the files didn't show up for work. 241 00:11:36,662 --> 00:11:37,720 June 8th, you say? 242 00:11:38,197 --> 00:11:40,495 Yeah. The patient's name was Dianne Cary. 243 00:11:41,434 --> 00:11:42,924 Oh, here it is. 244 00:11:43,703 --> 00:11:47,639 Dianne Cary, female, 29 years old. What do you need to know? 245 00:11:47,740 --> 00:11:50,971 Her hospital bill indicated that she had a rape kit done. 246 00:11:51,043 --> 00:11:52,067 We need the results. 247 00:11:52,144 --> 00:11:53,839 Well, that won't be in here. 248 00:11:53,913 --> 00:11:56,006 But let's see what the duty nurse wrote. 249 00:11:56,749 --> 00:11:58,910 Oh, multiple contusions to the face, 250 00:11:58,984 --> 00:12:00,315 vaginal tearing... 251 00:12:00,386 --> 00:12:02,217 Sounds like forcible intercourse to me. 252 00:12:02,288 --> 00:12:03,755 Anybody call a cop? 253 00:12:04,256 --> 00:12:07,521 She was released to a friend by the name of Leila. 254 00:12:08,260 --> 00:12:10,694 Oh, here. A deputy sheriff responded to the hospital 255 00:12:10,763 --> 00:12:12,754 and took a statement from Miss Cary. 256 00:12:13,265 --> 00:12:16,393 That would've been Deputy Linz. He'll be in later today. 257 00:12:16,702 --> 00:12:17,999 I remember that case well. 258 00:12:18,070 --> 00:12:20,300 That poor girl was hurt pretty bad. 259 00:12:20,873 --> 00:12:22,431 You made an arrest the next day. 260 00:12:22,508 --> 00:12:24,408 Right, William Timmons. 261 00:12:24,643 --> 00:12:27,771 I understand he was shot a couple days ago in your neck of the woods. 262 00:12:27,847 --> 00:12:28,905 That's right. 263 00:12:28,981 --> 00:12:30,608 (CHUCKLES) Well... 264 00:12:32,251 --> 00:12:34,116 A bullet never found a more deserving home. 265 00:12:36,322 --> 00:12:38,187 When we learned of his passing, 266 00:12:38,991 --> 00:12:42,518 we had his place in town secured, in case you want to take a look at it. 267 00:12:42,661 --> 00:12:46,392 We might. Timmons was never prosecuted for the rape. 268 00:12:46,465 --> 00:12:48,865 No, he had a kind of an alibi. 269 00:12:48,934 --> 00:12:50,868 And the young lady's identification was weak. 270 00:12:50,936 --> 00:12:54,372 The attack took place late at night, in her apartment. 271 00:12:54,440 --> 00:12:55,566 Lights were off. 272 00:12:55,875 --> 00:12:58,469 So why was Timmons arrested in the first place? 273 00:12:58,844 --> 00:13:00,505 She recognized his voice. 274 00:13:01,013 --> 00:13:03,345 He'd been in the bar where she worked as a hostess. 275 00:13:03,649 --> 00:13:06,140 If our County D.A. At the time, may he rest in peace, 276 00:13:06,218 --> 00:13:08,550 had been a little bit more of a go-getter... 277 00:13:08,788 --> 00:13:11,689 But doesn't matter now, Timmons has moved on. 278 00:13:11,757 --> 00:13:15,124 Well, actually, Sheriff, we believe that Timmons was murdered because of the rape. 279 00:13:15,194 --> 00:13:16,821 Dianne Cary's our suspect. 280 00:13:16,896 --> 00:13:19,091 Timmons visited her in New York before he was shot. 281 00:13:19,431 --> 00:13:20,762 Really? 282 00:13:21,834 --> 00:13:24,701 Well, he should've known better than to bother that girl. 283 00:13:24,770 --> 00:13:26,260 But I guess it's true what they say. 284 00:13:26,672 --> 00:13:28,902 They can't help but revisit the scene of the crime, huh? 285 00:13:29,909 --> 00:13:31,501 You said he should've known better. 286 00:13:31,877 --> 00:13:33,902 Well, after the charges were dropped against Timmons, 287 00:13:33,979 --> 00:13:36,573 Dianne went around town saying she was going to get him. 288 00:13:37,116 --> 00:13:39,846 It got so that I had to send a man over to have a talk to her. 289 00:13:40,553 --> 00:13:42,783 Your little town has seen a lot of action. 290 00:13:43,189 --> 00:13:45,054 Was Timmons a part of that drug problem? 291 00:13:45,758 --> 00:13:47,316 He was. (PHONE RINGING) 292 00:13:47,393 --> 00:13:50,362 Matter of fact, the night of the rape, his alibi was another meth-head. 293 00:13:50,429 --> 00:13:51,828 Excuse me. 294 00:13:51,897 --> 00:13:54,297 Yeah? Mmm-hmm. 295 00:13:57,837 --> 00:13:59,134 I got to take this. 296 00:14:00,172 --> 00:14:03,107 All this stuff about revisiting the crime scene 297 00:14:03,175 --> 00:14:05,143 notwithstanding, it just doesn't add up. 298 00:14:05,211 --> 00:14:07,236 Some rapists do get fixated on their victims. 299 00:14:07,313 --> 00:14:10,476 Yeah, but three years and a four-hour bus ride after the fact? 300 00:14:10,950 --> 00:14:13,077 Maybe there was something else going on between them. 301 00:14:13,252 --> 00:14:16,585 Well, we can always ask the friend that drove Dianne home the night she was raped. 302 00:14:17,423 --> 00:14:20,449 I haven't talked to Dianne since she moved to New York. 303 00:14:21,126 --> 00:14:23,617 She was a very angry person the last time I saw her. 304 00:14:24,730 --> 00:14:25,890 Thank you. 305 00:14:25,998 --> 00:14:29,024 So, the pastor says you help run the AA and Narc-Anon meetings down here. 306 00:14:29,101 --> 00:14:30,125 That's right. 307 00:14:30,202 --> 00:14:31,999 Timmons had old track marks on his arm, 308 00:14:32,071 --> 00:14:33,538 looked like he'd been off the needle awhile. 309 00:14:33,606 --> 00:14:35,233 Did he ever come to your meetings? Yes. 310 00:14:35,307 --> 00:14:37,332 Will had been sober almost seven months. 311 00:14:37,409 --> 00:14:38,842 Did he ever talk about going to New York? 312 00:14:41,947 --> 00:14:45,542 You know, what's said in AA meetings isn't legally confidential, Miss Dickson. 313 00:14:45,985 --> 00:14:48,044 I have to answer to a higher authority. 314 00:14:48,120 --> 00:14:50,281 (CHUCKLES) So do we. 315 00:14:50,356 --> 00:14:52,221 You haven't met our lieutenant. 316 00:14:53,058 --> 00:14:56,960 I can tell you we'd been discussing the eighth step, making amends. 317 00:14:57,496 --> 00:14:59,987 He may have been seeking out someone he hurt. 318 00:15:00,065 --> 00:15:01,293 To apologize? 319 00:15:01,867 --> 00:15:04,427 You sure you didn't call Dianne to warn her he was coming? 320 00:15:04,503 --> 00:15:05,731 You two used to be close. 321 00:15:05,804 --> 00:15:08,398 Yes, but after what happened to her... 322 00:15:08,474 --> 00:15:09,964 It was all she could talk about. 323 00:15:10,042 --> 00:15:12,943 And when they dropped the charges against Will, it just got worse. 324 00:15:13,012 --> 00:15:14,946 She kept saying she wanted to hit back. 325 00:15:15,014 --> 00:15:16,641 Hit back at Timmons? 326 00:15:16,715 --> 00:15:19,582 Him, and if you didn't agree with everything she said... 327 00:15:19,652 --> 00:15:20,812 Yeah, we know. 328 00:15:21,220 --> 00:15:22,585 She nearly snapped my arm off. 329 00:15:23,389 --> 00:15:25,289 That's those self-defense classes she took. 330 00:15:25,357 --> 00:15:26,756 She was going every day. 331 00:15:27,559 --> 00:15:29,720 And Robbie Linz showed her things. 332 00:15:29,862 --> 00:15:32,194 Deputy Linz? What did he show her? 333 00:15:32,264 --> 00:15:34,323 Shooting, things like that. 334 00:15:35,567 --> 00:15:37,592 Whatever happened to "turn the other cheek"? 335 00:15:37,970 --> 00:15:38,959 BERNARD: All right. Bye. 336 00:15:40,572 --> 00:15:44,269 Dianne Cary. She made bail on your assault beef. 337 00:15:45,844 --> 00:15:47,903 You know, this chili is great. 338 00:15:48,414 --> 00:15:51,542 You expect me to ride in a car with you after having two bowls of that stuff? 339 00:15:51,617 --> 00:15:54,552 You really expect us to get out of Dargerville by 6:00? 340 00:15:54,620 --> 00:15:56,087 A man can hope. 341 00:15:56,555 --> 00:15:58,318 Well, I hope we stick around for dinner. 342 00:15:59,124 --> 00:16:00,523 I love small towns. 343 00:16:00,626 --> 00:16:03,527 You know how many serial killers got their start in small towns? 344 00:16:04,663 --> 00:16:06,096 Deputy Linz. 345 00:16:09,301 --> 00:16:11,360 How you doing? I'm Detective Lupo. This is Detective Bernard. 346 00:16:11,437 --> 00:16:12,426 Hey. How you doing? 347 00:16:12,504 --> 00:16:14,335 Sorry to keep you guys waiting. No problem. 348 00:16:14,406 --> 00:16:18,365 Sheriff Burkhart radioed me. He said you had some questions about Dianne Cary. 349 00:16:20,045 --> 00:16:23,071 Sheriff said you're looking at Dianne for Timmons' murder. 350 00:16:23,415 --> 00:16:26,441 I took her statement the night she was raped. She was in a bad way. 351 00:16:26,819 --> 00:16:28,286 But she had no doubt it was Timmons. 352 00:16:28,354 --> 00:16:31,118 We heard that you helped her get back on her feet. 353 00:16:31,190 --> 00:16:34,159 You taught her self-defense skills. Target shooting. 354 00:16:34,226 --> 00:16:36,194 She asked and I felt bad for her. 355 00:16:36,261 --> 00:16:38,388 I never thought she'd actually use it. 356 00:16:38,464 --> 00:16:40,523 Use it? What do you mean? 357 00:16:40,966 --> 00:16:42,627 You gave her a gun? 358 00:16:44,403 --> 00:16:45,734 Look, you got to understand... 359 00:16:45,804 --> 00:16:48,705 No, no, no, no, no. You felt bad for her. We heard that. 360 00:16:48,774 --> 00:16:49,832 What kind of gun was it? 361 00:16:51,677 --> 00:16:53,110 It was a.38. 362 00:16:53,679 --> 00:16:57,012 It was an old piece that had been in the department's gun locker forever. 363 00:16:57,483 --> 00:17:00,077 I taught her how to use it in the woods behind my house. 364 00:17:02,855 --> 00:17:06,222 There. That tree. I put the practice targets there. 365 00:17:07,559 --> 00:17:11,154 She got so she could hit it from 20, 30 feet out. 366 00:17:12,398 --> 00:17:14,263 Got a couple of entry holes. 367 00:17:15,300 --> 00:17:18,167 The slug's still in that one. Here, hold that. 368 00:17:21,240 --> 00:17:23,367 Oh, looks good. 369 00:17:23,442 --> 00:17:25,910 Ballistics should be able to match that. 370 00:17:36,922 --> 00:17:38,617 Drop the shears. 371 00:17:39,491 --> 00:17:41,789 This is harassment again. I'm out on bail. 372 00:17:41,860 --> 00:17:43,691 Yeah, but not for murder. You're under arrest. 373 00:17:43,762 --> 00:17:45,229 Let's do this easy, all right? 374 00:17:45,631 --> 00:17:46,928 Hey, hey! 375 00:17:50,135 --> 00:17:51,295 Stay there! 376 00:17:51,370 --> 00:17:53,804 Yeah, all right, yeah, I got it. 377 00:17:55,074 --> 00:17:56,439 Get up. 378 00:17:57,109 --> 00:18:00,044 Tell me, was shooting Timmons as easy as shooting that tree? 379 00:18:00,813 --> 00:18:01,871 Come on. 380 00:18:09,188 --> 00:18:10,712 We're not without compassion 381 00:18:10,789 --> 00:18:12,757 for what Miss Cary's been through, 382 00:18:12,825 --> 00:18:15,350 or for the fact that the system let her down. 383 00:18:15,461 --> 00:18:17,224 We're willing to take all of that into account. 384 00:18:17,296 --> 00:18:19,264 Very nice preamble. What's the offer? 385 00:18:19,331 --> 00:18:21,265 Fifteen-to-life. A gift. 386 00:18:21,333 --> 00:18:22,527 No. 387 00:18:24,269 --> 00:18:26,134 I won't go to jail for something I didn't do. 388 00:18:26,271 --> 00:18:27,465 Don't test us, Miss Cary. 389 00:18:27,539 --> 00:18:29,029 I didn't kill that bastard. 390 00:18:29,108 --> 00:18:31,508 You followed him back to his bus, you hunted him down... 391 00:18:31,577 --> 00:18:34,341 I didn't do it. I should've, but I didn't. 392 00:18:34,413 --> 00:18:37,109 We matched the slugs in his body to the slugs you fired 393 00:18:37,182 --> 00:18:39,548 during target practice up in Dargerville. 394 00:18:39,751 --> 00:18:41,309 What are you talking about? 395 00:18:41,386 --> 00:18:45,254 The bullets she fired into a tree with the gun Deputy Linz gave her. 396 00:18:45,624 --> 00:18:48,058 He taught me how to shoot. He never gave me a gun. 397 00:18:48,127 --> 00:18:49,617 Tell me about the deputy's gun. 398 00:18:50,729 --> 00:18:54,756 It's a.38-caliber Smith & Wesson Model 10 with a 6-inch barrel. 399 00:18:55,167 --> 00:18:56,532 I have her gun. 400 00:18:57,136 --> 00:18:59,127 She gave it to me the day after Timmons was shot, 401 00:18:59,204 --> 00:19:00,796 after she read about it in the paper. 402 00:19:00,873 --> 00:19:02,534 She knew she'd be suspected, 403 00:19:02,875 --> 00:19:04,900 and given the way her rape case was bungled, 404 00:19:04,977 --> 00:19:08,435 she was wary of turning over an unlicensed weapon to the police. 405 00:19:09,715 --> 00:19:12,115 This is her gun, the only gun she's ever owned. 406 00:19:12,184 --> 00:19:13,811 A Glock 26. 407 00:19:13,886 --> 00:19:16,354 A 9mm Glock 26. 408 00:19:18,557 --> 00:19:22,254 Ballistics says Timmons was not killed with Dianne's Glock. 409 00:19:22,361 --> 00:19:25,296 But she says she turned that gun over to her lawyer 410 00:19:25,364 --> 00:19:27,332 because she was worried the police might use it 411 00:19:27,399 --> 00:19:31,028 to implicate her in the murder even though it was the wrong caliber. 412 00:19:31,537 --> 00:19:34,028 Tells you what she thinks about law enforcement. 413 00:19:34,139 --> 00:19:36,539 Or she didn't know what caliber was used to kill Timmons 414 00:19:36,608 --> 00:19:37,734 because she's not the killer. 415 00:19:37,809 --> 00:19:40,039 Or this is just a distraction to keep us 416 00:19:40,112 --> 00:19:42,603 from looking for the.38 that deputy gave her. 417 00:19:42,714 --> 00:19:43,908 Says he gave her. 418 00:19:45,717 --> 00:19:49,209 I want him brought down here and put in front of a grand jury. 419 00:19:49,288 --> 00:19:51,449 Make sure you bring some persuasion. 420 00:19:54,626 --> 00:19:56,184 LINZ: I already told you all there is. 421 00:19:56,295 --> 00:19:58,593 I showed her how to point and shoot, and I gave her the gun. 422 00:19:58,664 --> 00:20:00,689 We need you to tell it to a grand jury. 423 00:20:00,766 --> 00:20:02,393 Come on, we'll have you back the day after tomorrow. 424 00:20:02,467 --> 00:20:03,764 I'll take you out for a steak. 425 00:20:04,236 --> 00:20:07,831 Look, my shift starts in two hours, okay? 426 00:20:07,906 --> 00:20:09,203 My wife needs help with the kids. 427 00:20:09,274 --> 00:20:11,333 Actually, Deputy, you don't have a choice in the matter. 428 00:20:11,410 --> 00:20:13,344 We have a material witness warrant. 429 00:20:14,112 --> 00:20:15,306 You're arresting me? 430 00:20:15,380 --> 00:20:17,041 Until you complete your testimony. 431 00:20:17,115 --> 00:20:18,844 Well, I got to clear this with the Sheriff. 432 00:20:18,917 --> 00:20:20,578 Well, you can call him from the road. 433 00:20:29,962 --> 00:20:31,156 (SIRENS WAILING) 434 00:20:31,230 --> 00:20:33,630 Whoa. This isn't good. 435 00:20:36,168 --> 00:20:37,465 Stay put. 436 00:20:39,738 --> 00:20:41,797 Sheriff? Is there a problem? 437 00:20:42,841 --> 00:20:44,638 Out of the car, Robbie. LUPO: Whoa, whoa... 438 00:20:44,710 --> 00:20:46,610 Sheriff, I'm Assistant District Attorney Rubirosa. Stay there. 439 00:20:46,678 --> 00:20:48,873 We have a material witness warrant for Deputy Linz. 440 00:20:48,947 --> 00:20:51,108 You can't take him until you file that with the Otsego County Clerk. 441 00:20:51,183 --> 00:20:52,707 Well, by law, we have 24 hours from the time... 442 00:20:52,784 --> 00:20:54,115 Move her out of the way. ...we take custody. 443 00:20:54,186 --> 00:20:56,814 Whoa, whoa, whoa! You stop right there. 444 00:20:56,888 --> 00:20:58,719 Hey! There's no need for that. 445 00:20:58,790 --> 00:21:00,587 Deke, Bill. Arrest this man. What? 446 00:21:00,659 --> 00:21:02,183 Interfering with a police officer. 447 00:21:11,403 --> 00:21:12,836 Just get in the car. 448 00:21:17,376 --> 00:21:21,210 Next time, miss, show a little respect for our procedures. 449 00:21:33,191 --> 00:21:34,419 Mike Cutter. 450 00:21:37,596 --> 00:21:38,858 Find him. 451 00:21:43,101 --> 00:21:44,693 As Assistant D.A. Of this county, 452 00:21:44,770 --> 00:21:47,500 I tend to put stock in what my law enforcement officers tell me, 453 00:21:47,572 --> 00:21:50,473 and what they're telling me is this Lupo threatened two deputies 454 00:21:50,542 --> 00:21:52,169 during the performance of their duties. 455 00:21:52,244 --> 00:21:53,905 Those deputies were about to manhandle me. 456 00:21:53,979 --> 00:21:55,412 Detective Lupo didn't threaten anybody. 457 00:21:55,480 --> 00:21:57,277 (SCOFFS) You're a New York A.D.A. 458 00:21:57,349 --> 00:21:59,146 You have no standing to represent this defendant. 459 00:21:59,217 --> 00:22:00,377 Why am I even talking to you? 460 00:22:00,452 --> 00:22:01,885 Oh, I almost forgot. 461 00:22:01,953 --> 00:22:04,581 I filed a motion to quash your witness warrant. 462 00:22:10,495 --> 00:22:12,690 Finally. You guys cut it kind of close. 463 00:22:12,764 --> 00:22:15,324 Detective Bernard got us pulled over for speeding. 464 00:22:15,400 --> 00:22:17,595 110 on the Thruway. 465 00:22:17,669 --> 00:22:19,227 What's on the calendar? 466 00:22:19,304 --> 00:22:23,138 An arraignment that we can't participate in, and a motion. 467 00:22:23,208 --> 00:22:26,109 What happened? The broom closet wasn't available? 468 00:22:27,579 --> 00:22:28,807 Everybody rise. 469 00:22:31,950 --> 00:22:34,043 You can all sit down now. 470 00:22:38,924 --> 00:22:42,291 Okay. Well, Sara, what's on tap today? 471 00:22:42,427 --> 00:22:46,488 Case number 8-9, People v. Lupo. 472 00:22:46,565 --> 00:22:48,897 Interference with governmental administration. 473 00:22:52,971 --> 00:22:54,529 Where's your lawyer, son? 474 00:22:54,606 --> 00:22:57,268 I can represent myself. I'm a New York City Detective 475 00:22:57,342 --> 00:22:59,810 and I'm in law school, first-year law. 476 00:22:59,878 --> 00:23:03,837 Okay, well, give me a plea, Counselor. 477 00:23:03,915 --> 00:23:05,405 Not guilty, Your Honor. 478 00:23:05,517 --> 00:23:08,213 Okay, well, seeing as how you're a first-year law student, 479 00:23:08,286 --> 00:23:11,653 I'm inclined to let you go on your own recognizance. 480 00:23:11,757 --> 00:23:12,951 (CLEARS THROAT) 481 00:23:14,826 --> 00:23:16,657 Judge. Yeah? 482 00:23:16,728 --> 00:23:21,028 You've never released a non-resident of this county on his own recognizance. 483 00:23:21,099 --> 00:23:24,432 If you do it for this defendant just because he's a detective, 484 00:23:24,503 --> 00:23:26,733 it may give rise to the appearance of bias. 485 00:23:28,039 --> 00:23:31,270 All right, well, how much bail do you want, Silber? 486 00:23:32,144 --> 00:23:33,611 20,000 should do it. 487 00:23:34,312 --> 00:23:36,837 Judge, I don't... I don't have that kind of money. 488 00:23:37,916 --> 00:23:40,146 I hope you like baloney sandwiches, son. 489 00:23:40,218 --> 00:23:41,515 Bail is 20,000. 490 00:23:42,187 --> 00:23:43,381 Is that it, Sara? 491 00:23:43,455 --> 00:23:46,982 SARA: Mr. Silber has a motion to squash a material witness warrant. 492 00:23:47,058 --> 00:23:48,082 I put it on your desk. 493 00:23:48,160 --> 00:23:50,924 New York Assistant D.A. Michael Cutter, Your Honor. 494 00:23:50,996 --> 00:23:53,863 The witness has material evidence in a murder investigation. 495 00:23:53,932 --> 00:23:57,459 But he was reluctant to appear before our grand jury, 496 00:23:57,536 --> 00:23:58,798 hence the warrant. 497 00:23:58,870 --> 00:24:02,670 The warrant wasn't registered with the County Clerk before they served it. 498 00:24:04,976 --> 00:24:06,807 I believe it's registered now. 499 00:24:09,247 --> 00:24:12,216 Ah. Oh, Sheriff, do you want to be heard on this? 500 00:24:12,284 --> 00:24:15,344 Seeing as though it's one of your deputies, I believe. 501 00:24:15,420 --> 00:24:18,446 Yeah. They want to take him to New York for three days. 502 00:24:18,523 --> 00:24:20,650 I can't spare him, Judge, even for one. 503 00:24:20,725 --> 00:24:24,354 We've got three deputies out sick, two ongoing drug investigations. 504 00:24:24,429 --> 00:24:27,125 It would cause an undue burden on the community. 505 00:24:27,199 --> 00:24:30,032 An undue burden. Well, that seals it. 506 00:24:30,469 --> 00:24:32,460 Motion to quash the warrant is granted. 507 00:24:34,272 --> 00:24:36,240 Okay. Anything else, Sara? 508 00:24:37,642 --> 00:24:39,473 All right, Court adjourned. 509 00:24:43,515 --> 00:24:45,506 Hey. I'm going to call the Lieutenant to post bond. 510 00:24:47,519 --> 00:24:48,850 What's going on, Mr. Silber? 511 00:24:48,920 --> 00:24:53,084 Why is your sheriff interfering with our murder investigation? 512 00:24:53,658 --> 00:24:55,319 What are you talking about? 513 00:24:55,393 --> 00:24:58,294 Arresting our cops, playing keep-away with our witnesses. 514 00:24:58,363 --> 00:25:00,524 From where I sit, the Sheriff's just being diligent. 515 00:25:00,599 --> 00:25:02,897 Really? For example? 516 00:25:02,968 --> 00:25:04,697 Well, take when Timmons was shot. 517 00:25:04,769 --> 00:25:06,361 I was with the Sheriff when he got the news. 518 00:25:06,438 --> 00:25:08,929 Right away he gave Timmons' address to a deputy 519 00:25:09,007 --> 00:25:10,531 and had him secure the premises, 520 00:25:10,609 --> 00:25:13,339 all for the benefit of your investigation. 521 00:25:15,614 --> 00:25:19,072 Sheriff Burkhart knew Timmons' address off the top of his head? 522 00:25:19,150 --> 00:25:21,050 Dargerville's small, but not that small. 523 00:25:21,119 --> 00:25:24,418 Get on your computer, see what you can find on Burkhart's court cases. 524 00:25:24,489 --> 00:25:27,356 I'll see if the County Clerk will let me use his library. 525 00:25:27,559 --> 00:25:29,925 Sheriff Burkhart's made quite a name for himself. 526 00:25:29,995 --> 00:25:32,759 Busting meth labs, working with the State Police 527 00:25:32,831 --> 00:25:35,231 to intercept drug couriers along I-88. 528 00:25:35,300 --> 00:25:36,562 He's become the state's poster boy 529 00:25:36,635 --> 00:25:39,160 for small-town proactive law enforcement. 530 00:25:39,971 --> 00:25:42,963 And, no surprise, thanks to our governor, 531 00:25:43,041 --> 00:25:45,032 a lot of state drug interdiction money 532 00:25:45,110 --> 00:25:47,601 has been flowing into the Dargerville Sheriff's Office. 533 00:25:48,380 --> 00:25:50,848 Hey. I sprung our miscreant. 534 00:25:50,916 --> 00:25:52,042 How are you feeling, Detective? 535 00:25:52,117 --> 00:25:55,245 I'm all right. Hey, could I get a bowl of that turkey chili, please? 536 00:25:55,320 --> 00:25:57,345 Making book on the Sheriff? 537 00:25:57,422 --> 00:25:59,982 I hear he's been hell on the local dope slingers. 538 00:26:00,058 --> 00:26:01,548 The last six years running, 539 00:26:01,626 --> 00:26:04,459 he has had the highest arrest-and-conviction rate in the state. 540 00:26:04,529 --> 00:26:06,087 Well, this might have something to do with it. 541 00:26:06,164 --> 00:26:09,656 Six years ago, Burkhart registered a confidential informant. 542 00:26:09,801 --> 00:26:14,795 That same CI testified in about three-quarters of Burkhart's drug cases. 543 00:26:14,873 --> 00:26:17,467 Six years ago was the last time Timmons was busted for dope. 544 00:26:18,009 --> 00:26:19,943 He cruised right through the Sheriff's war on drugs. 545 00:26:20,045 --> 00:26:22,946 Six years ago, Timmons was arrested by Burkhart 546 00:26:23,014 --> 00:26:24,242 with an ounce of meth. 547 00:26:24,316 --> 00:26:26,978 He pled to a misdemeanor and got probation. 548 00:26:27,285 --> 00:26:28,752 There's your confidential informant. 549 00:26:28,820 --> 00:26:30,412 Will Timmons. Burkhart flipped him. 550 00:26:30,488 --> 00:26:32,888 And he's been protecting Timmons ever since. 551 00:26:32,958 --> 00:26:34,983 It might explain the disappearing rape charge. 552 00:26:35,060 --> 00:26:37,995 Connie, I want you and Detective Bernard to go back to the city. 553 00:26:38,063 --> 00:26:41,931 Start writing subpoenas for all records pertaining to Burkhart's drug cases. 554 00:26:42,000 --> 00:26:43,797 Wait, wait, I have to stay here? 555 00:26:43,868 --> 00:26:45,495 Seeing as you like this chili so much. 556 00:26:51,743 --> 00:26:53,108 What's our plan? 557 00:26:53,812 --> 00:26:56,508 We track down Timmons' lawyer from six years ago. 558 00:26:57,282 --> 00:26:59,147 They call them confidential informants 559 00:26:59,217 --> 00:27:00,684 precisely because they're confidential. 560 00:27:00,752 --> 00:27:02,083 The informant's dead, 561 00:27:02,153 --> 00:27:05,020 and the attorney-client privilege doesn't survive the death of the client. 562 00:27:05,090 --> 00:27:08,184 But I still have to work and breathe in Sheriff Burkhart's sphere of influence. 563 00:27:08,259 --> 00:27:11,160 You know, it's a hell of a thing when the only person with balls in this town 564 00:27:11,229 --> 00:27:13,060 is the woman who was raped by your client. 565 00:27:18,870 --> 00:27:20,633 Talking hypotheticals, 566 00:27:22,307 --> 00:27:25,504 this informant made a ton of cases for Burkhart. 567 00:27:25,577 --> 00:27:28,444 In return, the informant was given a free pass to sell dope. 568 00:27:28,513 --> 00:27:31,073 And rape the hostess at his local bar. 569 00:27:31,149 --> 00:27:33,709 Well, if you got a guardian angel fouling the IDs 570 00:27:33,785 --> 00:27:36,413 and making rape kits disappear, anything's possible. 571 00:27:36,488 --> 00:27:39,082 But lately this informant cleaned up his act, right? 572 00:27:39,157 --> 00:27:40,954 He started attending Narc-Anon? 573 00:27:41,192 --> 00:27:45,026 Right, he got all remorseful, wanted to put it all out there in the open. 574 00:27:45,664 --> 00:27:47,723 I told Timmons that was not a good idea. 575 00:27:48,066 --> 00:27:50,796 Whoa. Listen to me, did I say Timmons? 576 00:27:51,369 --> 00:27:55,135 I meant the informant, this being a hypothetical scenario. 577 00:27:56,441 --> 00:27:57,669 Good night. 578 00:28:01,513 --> 00:28:04,004 If Burkhart knew Timmons was going to see Dianne Cary, 579 00:28:04,082 --> 00:28:05,674 he had to be worried Timmons would spill his guts 580 00:28:05,750 --> 00:28:07,377 about Burkhart burying the rape case. 581 00:28:07,452 --> 00:28:09,818 Burkhart would be looking at prison time, not to mention 582 00:28:09,888 --> 00:28:13,483 it would taint every drug conviction that relied on Timmons' testimony. 583 00:28:13,558 --> 00:28:15,025 Sounds like a solid motive for murder. 584 00:28:15,093 --> 00:28:17,186 No wonder Burkhart doesn't want us near Linz. 585 00:28:17,262 --> 00:28:20,390 He probably put him up to lying about giving Dianne Cary a.38. 586 00:28:20,465 --> 00:28:22,228 Let's take another run at Linz. 587 00:28:22,901 --> 00:28:25,369 How'd you do in your legal research class? 588 00:28:25,437 --> 00:28:29,464 Access to Deputy Linz is guaranteed by County Law Section 17-B. 589 00:28:29,541 --> 00:28:32,237 "In a proceeding in the nature of a writ of habeas corpus, 590 00:28:32,310 --> 00:28:35,108 "application may be made to any local magistrate." 591 00:28:35,180 --> 00:28:37,808 Change "guaranteed" to "predicated on." 592 00:28:37,882 --> 00:28:39,850 Otherwise, very good, Detective. 593 00:28:40,318 --> 00:28:43,287 Okay, this is the best part. "Application may be made ex parte." 594 00:28:43,354 --> 00:28:44,514 We don't have to notify the Sheriff. 595 00:28:44,589 --> 00:28:46,250 We can talk to the Judge one-on-one. 596 00:28:48,626 --> 00:28:52,084 Here. I'll run it down to the front desk. They have a printer. 597 00:28:53,231 --> 00:28:54,960 And when we talk to the Judge tomorrow, 598 00:28:55,266 --> 00:28:56,995 why don't you make the application? 599 00:28:58,536 --> 00:28:59,969 Is that kosher? 600 00:29:00,672 --> 00:29:01,661 In Dargerville? 601 00:29:04,976 --> 00:29:09,174 And as Your Honor can see, the statute is worded in the affirmative. 602 00:29:09,881 --> 00:29:13,442 "The district court shall grant access to the person sought." 603 00:29:14,252 --> 00:29:18,086 You saying that I have no choice, Counselor? 604 00:29:23,027 --> 00:29:26,087 Well, uh, of course, Your Honor can deny the writ, 605 00:29:26,164 --> 00:29:30,760 but then we would have to file a TRO with the appellate term. 606 00:29:32,137 --> 00:29:33,695 You're in my light, son. 607 00:29:33,872 --> 00:29:34,930 Sorry. 608 00:29:35,273 --> 00:29:40,336 Judge, we wouldn't be here if Sheriff Burkhart opposed the application. 609 00:29:41,312 --> 00:29:42,506 The Sheriff's okay with this? 610 00:29:42,580 --> 00:29:45,743 He didn't raise a single objection. 611 00:29:51,890 --> 00:29:56,520 And if Your Honor would sign these release forms for county records. 612 00:29:56,828 --> 00:29:58,796 Pro forma. We need a court order 613 00:29:58,863 --> 00:30:01,559 to access Deputy Linz' files and related items. 614 00:30:01,633 --> 00:30:05,228 It's just so we don't have to bother you again on your day off. 615 00:30:11,042 --> 00:30:12,441 Thank you, Your Honor. 616 00:30:15,180 --> 00:30:16,647 So now we go talk to Deputy Linz. 617 00:30:16,714 --> 00:30:19,911 Nope. Now we pull the duty records for the Sheriff's Department. 618 00:30:20,418 --> 00:30:23,478 This better not take all day, 'cause I need to get the payroll out. 619 00:30:23,555 --> 00:30:24,886 We'll do our best. 620 00:30:25,223 --> 00:30:27,691 This has Burkhart going Code 7 at 9:00 a.m. 621 00:30:27,759 --> 00:30:30,284 He doesn't resurface again until 6:30 that night. 622 00:30:30,361 --> 00:30:32,022 That's a long lunch break. 623 00:30:32,096 --> 00:30:35,327 9:00 a.m. Is when the church bus left Dargerville for New York. 624 00:30:35,400 --> 00:30:36,560 Burkhart could've followed the bus 625 00:30:36,634 --> 00:30:38,465 and then tailed Timmons to the flower shop. 626 00:30:38,536 --> 00:30:42,336 Once he saw what a loose cannon Timmons was, he shot him. 627 00:30:43,541 --> 00:30:45,805 There must be a way to track Burkhart's movements. 628 00:30:45,877 --> 00:30:47,742 It would help to know what vehicle he was driving. 629 00:30:48,646 --> 00:30:51,513 He wouldn't use his own car, or a patrol car. Hold on. 630 00:30:52,917 --> 00:30:54,145 Excuse me, hi. 631 00:30:54,219 --> 00:30:56,551 Does the Sheriff's Department have any unmarked cars? 632 00:30:57,155 --> 00:30:59,555 They have two, an SUV and a sedan. 633 00:30:59,624 --> 00:31:01,854 Okay, you have a mileage log for September 20th? 634 00:31:06,030 --> 00:31:08,658 Uh, the car was in the shop for repairs, 635 00:31:08,733 --> 00:31:12,430 and the SUV shows 463 miles driven. 636 00:31:14,439 --> 00:31:15,667 New York and back. 637 00:31:15,740 --> 00:31:17,367 Now we just need to prove it. 638 00:31:17,442 --> 00:31:19,569 I didn't spend four years in intel for nothing. 639 00:31:21,179 --> 00:31:25,047 Video grabs from New York Thruway toll cameras on September 20th. 640 00:31:27,418 --> 00:31:30,387 Okay. First up, Exit 24, 641 00:31:30,455 --> 00:31:33,322 approximately the time the church bus got on the Thruway to New York. 642 00:31:34,859 --> 00:31:36,326 There's the bus, 643 00:31:36,728 --> 00:31:39,891 and now we're looking for Burkhart's car, 644 00:31:39,964 --> 00:31:41,693 a black Explorer. 645 00:31:44,569 --> 00:31:46,434 I don't get it, the video's still running. 646 00:31:46,504 --> 00:31:48,472 Look at the time stamp. We just lost a minute. 647 00:31:48,539 --> 00:31:49,733 Yeah. 648 00:31:52,443 --> 00:31:55,071 All right. Next toll's the Tappan Zee. 649 00:31:55,480 --> 00:31:58,540 There's the bus going through, and Burkhart shouldn't be far behind. 650 00:32:02,587 --> 00:32:03,918 Same thing. 651 00:32:06,257 --> 00:32:09,249 Okay, last chance. Yonkers. 652 00:32:14,265 --> 00:32:16,825 Every time Burkhart's supposed to be on here, the video's been erased. 653 00:32:16,935 --> 00:32:19,335 Could Burkhart have done it? No, these were erased at the source, 654 00:32:19,404 --> 00:32:21,201 the State Thruway Authority's computers. 655 00:32:21,940 --> 00:32:23,532 Someone at the state level. 656 00:32:24,709 --> 00:32:27,200 Somebody big just pulled up a chair and joined the game. 657 00:32:31,950 --> 00:32:33,645 As a confidential informant, 658 00:32:33,785 --> 00:32:36,447 Timmons put over a hundred people in prison. 659 00:32:36,554 --> 00:32:38,749 Every one of those convictions will be in jeopardy 660 00:32:38,823 --> 00:32:42,281 once it comes out Timmons was given a free pass to rape and deal drugs. 661 00:32:42,360 --> 00:32:44,658 I don't think Burkhart cared about those convictions 662 00:32:44,729 --> 00:32:46,356 as much as he cared about going to jail. 663 00:32:46,464 --> 00:32:48,694 The possibility of a hundred overturned convictions? 664 00:32:48,766 --> 00:32:50,961 Believe me, someone somewhere cares about that. 665 00:32:51,035 --> 00:32:52,195 (CELL PHONE RINGING) 666 00:32:52,270 --> 00:32:54,135 What are you doing about Dianne Cary? 667 00:32:54,205 --> 00:32:55,570 She's out on bail. 668 00:32:55,640 --> 00:32:59,098 We thought to leave things status quo until we're sure we have Burkhart. 669 00:32:59,711 --> 00:33:01,372 Get her some protection. 670 00:33:02,013 --> 00:33:03,412 Better safe. 671 00:33:05,416 --> 00:33:09,716 Hey. The Thruway Authority narrowed down when the video files were erased. 672 00:33:09,921 --> 00:33:13,914 They have a list of 11 people who had access to a terminal in that window of time. 673 00:33:15,126 --> 00:33:17,594 FBI analyst, Homeland Security. 674 00:33:17,662 --> 00:33:20,256 Yeah. Scroll down to the three State Troopers on the list. 675 00:33:20,331 --> 00:33:21,821 Trooper Thomas Volchek. 676 00:33:21,966 --> 00:33:25,163 Four years ago he was posted to the Sidney barracks upstate. 677 00:33:25,870 --> 00:33:29,465 He and Burkhart ran joint-force drug interdictions together. 678 00:33:30,675 --> 00:33:32,336 So I was at the Thruway Authority. 679 00:33:32,410 --> 00:33:35,436 So what? I'm there five or six times a month on official business. 680 00:33:35,513 --> 00:33:37,071 Okay, so what was your official business 681 00:33:37,148 --> 00:33:39,514 two weeks ago when you accessed their terminals? 682 00:33:39,584 --> 00:33:42,246 I'll get back to you on that right after I check out my notes. 683 00:33:42,487 --> 00:33:43,977 Well, you be sure to bring those notes 684 00:33:44,055 --> 00:33:46,455 when you testify in front of the grand jury. 685 00:33:46,858 --> 00:33:47,950 A subpoena? 686 00:33:48,026 --> 00:33:50,824 And, Mr. Volchek, if you're thinking of taking the Fifth, 687 00:33:50,928 --> 00:33:53,192 we'll nullify it with a grant of immunity. 688 00:33:54,298 --> 00:33:57,131 Sorry. Authorized personnel only. 689 00:34:01,172 --> 00:34:02,230 Connie. 690 00:34:04,242 --> 00:34:05,869 JACK: Executive Services Division. 691 00:34:06,377 --> 00:34:09,676 The governor's personal security force within the State Police. 692 00:34:09,747 --> 00:34:12,307 Aren't they just his chauffeurs and bodyguards? 693 00:34:13,017 --> 00:34:14,882 There have been rumors they perform other services. 694 00:34:15,153 --> 00:34:18,122 Like shipping inconvenient prostitutes out of the country. 695 00:34:18,489 --> 00:34:21,151 So the question is, was Volchek acting on his own 696 00:34:21,225 --> 00:34:23,455 when he helped Burkhart cover up his tracks, 697 00:34:23,528 --> 00:34:26,258 or was he acting on Governor Shalvoy's orders? 698 00:34:26,831 --> 00:34:28,298 Consorting with prostitutes is one thing, 699 00:34:28,366 --> 00:34:31,301 but I can't believe Shalvoy would protect a murderer. 700 00:34:31,369 --> 00:34:36,136 A murderer who happens to be the Governor's favorite drug warrior. 701 00:34:36,207 --> 00:34:39,176 Like you said, Jack, somebody somewhere cares 702 00:34:39,243 --> 00:34:41,939 if over a hundred drug convictions get overturned. 703 00:34:42,013 --> 00:34:45,414 Shalvoy will look like an idiot for backing Burkhart. 704 00:34:45,483 --> 00:34:48,281 Volchek didn't erase those videos on his own authority. 705 00:34:48,352 --> 00:34:51,549 (CELL PHONE RINGING) Sometimes loyal surrogates go off the reservation 706 00:34:51,622 --> 00:34:53,920 if they think they're acting in their boss's interest. 707 00:34:53,991 --> 00:34:57,017 Well, I guess only Trooper Volchek can answer that question. 708 00:34:57,095 --> 00:34:59,563 Well, we've got to get him to testify first. 709 00:35:00,164 --> 00:35:02,257 Volchek's asserting an executive privilege. 710 00:35:03,134 --> 00:35:06,535 And he wouldn't do that unless the Governor was backing it up. 711 00:35:10,108 --> 00:35:12,076 JACK: There's only one conclusion to draw. 712 00:35:12,143 --> 00:35:15,271 The Trooper erased the videos with your tacit approval, 713 00:35:15,346 --> 00:35:16,836 and now you're protecting him. 714 00:35:17,148 --> 00:35:18,410 Is that your own conclusion? 715 00:35:18,983 --> 00:35:22,510 I don't think your recklessness extends beyond your personal life. 716 00:35:22,987 --> 00:35:24,614 You're too smart a politician. 717 00:35:24,689 --> 00:35:26,281 You would've cut Sheriff Burkhart loose, 718 00:35:26,357 --> 00:35:29,884 ordered a commission to investigate the use of confidential informants. 719 00:35:30,294 --> 00:35:31,625 You got that exactly right. 720 00:35:31,696 --> 00:35:33,789 Then lift the executive privilege, 721 00:35:33,865 --> 00:35:35,730 let Volchek testify. 722 00:35:35,800 --> 00:35:38,860 We'll give him full immunity for his testimony against Burkhart. 723 00:35:39,303 --> 00:35:40,497 Jack, 724 00:35:40,972 --> 00:35:44,339 I was born at night, but I wasn't born last night. 725 00:35:45,243 --> 00:35:47,040 We know what this is about. 726 00:35:47,111 --> 00:35:51,104 I'm not going to become some political football in your campaign for election. 727 00:35:51,616 --> 00:35:56,349 The members of the Executive Services Division are at my side 24/7. 728 00:35:56,420 --> 00:35:59,218 I'm not about to let any of them take the stand in this 729 00:35:59,290 --> 00:36:01,053 or in any other proceeding. 730 00:36:01,392 --> 00:36:03,326 I'm prosecuting a murderer. 731 00:36:03,494 --> 00:36:05,189 Campaigning is the last thing on my mind. 732 00:36:05,263 --> 00:36:06,457 Really? 733 00:36:06,531 --> 00:36:08,658 Invoking the anti-terrorism statute? 734 00:36:09,000 --> 00:36:10,991 Taking tough stances? 735 00:36:11,702 --> 00:36:13,499 Quit playing Hamlet. 736 00:36:13,571 --> 00:36:16,335 Declare yourself a candidate and get it over with. 737 00:36:19,977 --> 00:36:24,175 By the way, do you know Joe Chapell in the Attorney General's Office? 738 00:36:25,283 --> 00:36:28,150 He investigated corruption in state hospital contracts. 739 00:36:28,953 --> 00:36:32,855 The Children's Aid Society is honoring him next month. You should come. 740 00:36:34,425 --> 00:36:37,121 He's going after the pirates on Wall Street next. 741 00:36:37,828 --> 00:36:39,625 He's a real reformer. 742 00:36:41,432 --> 00:36:45,892 Meanwhile, here, it's politics as usual. 743 00:36:48,873 --> 00:36:53,606 The Governor's worried once we have a member of his personal guard on the stand, 744 00:36:53,678 --> 00:36:56,772 we'll ask about prostitutes, dirty tricks 745 00:36:56,847 --> 00:37:00,248 and whatever else they've been handling on Shalvoy's behalf. 746 00:37:00,318 --> 00:37:02,252 Then let's forget about Volchek. 747 00:37:02,320 --> 00:37:04,254 What do you think about giving Deputy Linz 748 00:37:04,322 --> 00:37:06,313 full immunity for his testimony? 749 00:37:07,191 --> 00:37:08,385 Okay. 750 00:37:09,093 --> 00:37:12,358 This time, make sure our cops bring plenty of backup. 751 00:37:15,933 --> 00:37:17,594 Deputy Linz? 752 00:37:35,519 --> 00:37:36,679 Damn. 753 00:37:40,891 --> 00:37:43,086 .38 Smith & Wesson Model 10. 754 00:37:44,795 --> 00:37:46,228 DEBBI: (SCREAMING) No! 755 00:37:46,530 --> 00:37:49,021 No! No! Ma'am! 756 00:37:54,705 --> 00:37:56,536 I just don't understand. 757 00:37:59,076 --> 00:38:01,237 BERNARD: Did he get any calls this morning? 758 00:38:03,914 --> 00:38:06,178 Sheriff Burkhart came by. 759 00:38:07,285 --> 00:38:10,413 Him and Robbie went out to the garage to talk. 760 00:38:11,622 --> 00:38:14,557 Robbie looked upset after the Sheriff left. 761 00:38:14,625 --> 00:38:15,956 He didn't say why. 762 00:38:16,027 --> 00:38:17,551 He just told me not to worry. 763 00:38:21,766 --> 00:38:23,290 And then he went into the woods. 764 00:38:23,367 --> 00:38:24,595 (SOBBING) 765 00:38:29,740 --> 00:38:32,436 Ballistics said the.38 that Linz shot himself with 766 00:38:32,510 --> 00:38:35,343 was the same gun that was used to kill Timmons. 767 00:38:37,081 --> 00:38:40,482 We're supposed to think he murdered Timmons. Very neat and tidy. 768 00:38:40,551 --> 00:38:42,542 That must be what Burkhart told him, 769 00:38:42,620 --> 00:38:46,147 that he'd have to take the fall for Timmons' murder, like a good soldier. 770 00:38:46,223 --> 00:38:47,986 Burkhart's off the hook. 771 00:38:48,059 --> 00:38:49,754 And we can't get him, 772 00:38:49,827 --> 00:38:52,796 not without the videos of him following the church bus. 773 00:38:52,863 --> 00:38:55,354 Which Trooper Volchek could testify to erasing 774 00:38:55,433 --> 00:38:58,800 if the Governor wasn't hiding him behind executive privilege. 775 00:39:00,404 --> 00:39:02,133 Round and round it goes. 776 00:39:04,408 --> 00:39:06,376 The Deputy had the murder weapon 777 00:39:06,444 --> 00:39:09,242 and his suicide is tantamount to an admission of guilt. 778 00:39:09,647 --> 00:39:11,342 Then that's the end of it. 779 00:39:11,882 --> 00:39:15,784 And the erasures on the Thruway Authority video. Glitches, right? 780 00:39:18,756 --> 00:39:21,316 I won't have this hanging over Trooper Volchek's head. 781 00:39:21,392 --> 00:39:23,690 The subpoena will be withdrawn tomorrow. 782 00:39:24,662 --> 00:39:27,426 I told you, Jack, there was no need to be concerned. 783 00:39:28,399 --> 00:39:30,128 I wouldn't go that far. 784 00:39:30,501 --> 00:39:33,129 Those glitches on the Thruway videos got me thinking, 785 00:39:33,204 --> 00:39:37,231 what if we'd been tracking a terrorist instead of a simple murderer? 786 00:39:38,709 --> 00:39:40,609 If those videos had gone blank 787 00:39:40,678 --> 00:39:43,511 while we were on the trail of a suicide bomber. 788 00:39:43,581 --> 00:39:44,809 That'd be terrible, of course. 789 00:39:44,882 --> 00:39:46,144 I knew you'd agree. 790 00:39:46,817 --> 00:39:49,911 I'm empanelling a blue-ribbon grand jury to look into it. 791 00:39:49,987 --> 00:39:52,649 We ought to know who's monitoring our roads and bridges, 792 00:39:52,723 --> 00:39:55,419 and how secure those systems really are. 793 00:39:58,295 --> 00:40:00,525 I'll be calling Trooper Volchek as an expert. 794 00:40:02,133 --> 00:40:06,229 Of course, executive privilege won't apply 795 00:40:06,303 --> 00:40:08,498 to testimony about technical matters. 796 00:40:09,306 --> 00:40:10,603 But then, 797 00:40:10,674 --> 00:40:12,505 you wouldn't actually assert the privilege 798 00:40:12,576 --> 00:40:15,136 in matters of national security, would you? 799 00:40:19,116 --> 00:40:21,209 Who wants that kind of publicity? 800 00:40:27,024 --> 00:40:29,584 This was in my mailbox at home this morning. 801 00:40:35,199 --> 00:40:37,599 You can withdraw the subpoena for Trooper Volchek. 802 00:40:43,908 --> 00:40:47,173 CONNIE: That's you, entering the New York Thruway, 803 00:40:47,244 --> 00:40:49,735 September 20th at 10:17. 804 00:40:50,147 --> 00:40:53,674 We also have you at the Tappan Zee Bridge toll and in Yonkers. 805 00:40:54,418 --> 00:40:57,581 CUTTER: Nothing disappears forever in the digital world, Sheriff. 806 00:40:58,122 --> 00:40:59,817 Nothing, that is, except your friends. 807 00:41:00,458 --> 00:41:02,187 Yours are in short supply. 808 00:41:07,598 --> 00:41:08,826 What are you offering? 809 00:41:09,200 --> 00:41:11,634 The opportunity to serve his 25 years 810 00:41:11,702 --> 00:41:14,500 in the safety of a segregated unit. 811 00:41:17,508 --> 00:41:19,237 I was a good sheriff. 812 00:41:19,910 --> 00:41:21,844 I put away a lot of bad people. 813 00:41:22,246 --> 00:41:24,612 Well, I hope you think it was all worth it, Sheriff. 814 00:41:27,485 --> 00:41:32,320 Sheriff Burkhart's methods are repugnant to this administration. 815 00:41:32,389 --> 00:41:35,449 Justice by any means is no justice at all. 816 00:41:35,860 --> 00:41:38,351 I am ordering a review of every drug conviction 817 00:41:38,429 --> 00:41:40,329 that Sheriff Burkhart was involved in. 818 00:41:40,397 --> 00:41:42,365 And I'm ordering a special commission 819 00:41:42,433 --> 00:41:45,197 to investigate the use of confidential informants. 820 00:41:45,636 --> 00:41:48,434 To head this commission I'm appointing Joseph Chapell 821 00:41:48,506 --> 00:41:49,973 of the Attorney General's Office. 822 00:41:50,474 --> 00:41:52,704 Mr. Chapell successfully led... 823 00:41:54,678 --> 00:41:56,270 Politics as usual. 824 00:41:57,748 --> 00:41:59,181 Here. 825 00:42:01,552 --> 00:42:03,816 I'd like you to be the first to sign this. 826 00:42:06,290 --> 00:42:10,693 Nominating petition for the office of New York County District Attorney. 827 00:42:10,761 --> 00:42:12,991 I need 10,000 signatures. 828 00:42:15,966 --> 00:42:17,991 I'm too old to play Hamlet. 829 00:01:56,000 --> 00:02:00,000 Ripped & Corrected By mstoll 830 00:42:19,000 --> 00:42:23,000 Ripped & Corrected By mstoll 831 00:42:23,050 --> 00:42:27,600 Repair and Synchronization by Easy Subtitles Synchronizer 1.0.0.0 67190

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