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NARRATOR:
In the criminal justice system
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00:00:08,174 --> 00:00:12,042
the people are representedby two separateyet equally important groups,
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00:00:12,112 --> 00:00:13,909
the police
who investigate crime
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00:00:13,980 --> 00:00:16,778
and the district attorneys
who prosecute the offenders.
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00:00:16,850 --> 00:00:18,249
These are their stories.
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00:00:19,352 --> 00:00:22,844
Watch your step getting off.
Have fun, stay safe.
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00:00:22,922 --> 00:00:25,652
For you
shop-till-you-drop types,
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I suggest Ming's
General Store, right here.
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Best prices in Chinatown
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and a complimentary
Big Apple snow globe with every purchase.
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00:00:33,900 --> 00:00:35,299
What time do we need
to be back?
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00:00:35,402 --> 00:00:36,562
You've got about
three hours.
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00:00:36,636 --> 00:00:38,331
If we're going to beat
the traffic out of the city,
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00:00:38,405 --> 00:00:40,202
we got to be
on the road by 4:00.
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00:00:40,940 --> 00:00:44,535
Yeah, I get it,
but 5% is not what we agreed to.
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Your overhead?
Give me a break.
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00:00:47,714 --> 00:00:49,682
Have you seen
what diesel's going for?
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00:00:50,483 --> 00:00:52,178
Aw, jeez.
Hold on a minute.
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00:00:52,252 --> 00:00:55,278
I think one of my passengers
did his shopping in a bar.
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Hey, buddy!
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You okay there?
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Jesus!
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The bus driver
said his name was Timmons.
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They're a church group
from upstate.
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Dargerville.
That's way upstate.
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William Timmons, 36,
full deck of credit cards, plenty of cash.
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Those church folks were set
on this being a mugging.
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They'll be disappointed.
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Haven't they heard?
Nobody gets mugged in New York anymore.
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00:01:23,249 --> 00:01:25,046
Looks like two shots
from up close.
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Nobody said
they heard anything.
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There's a blood trail
into the alley.
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What have you fellows
got for us?
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We got spatter
on the wall there
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and a bloody palm print here,
probably from the victim.
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No shell casings.
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Shooter either
picked them up or used a revolver.
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You got to wonder
what Mr. Timmons was doing back here.
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I mean, he didn't come
all the way from Dargerville
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to visit
a New York City alley.
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00:01:50,543 --> 00:01:52,340
Maybe he thought
the dumpster-diving's better here.
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00:02:44,030 --> 00:02:46,624
He sat up front,
took both seats for himself.
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Usually the ones
that sit up front like to chat, but not this one.
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Timmons, right,
that was his name?
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Yeah. Did he say why
he was coming into the city?
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00:02:54,507 --> 00:02:57,874
No. He asked how long
he had to walk around.
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Sounds like this was
his first time on your bus.
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00:03:01,247 --> 00:03:02,373
I'm pretty sure it was.
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00:03:02,448 --> 00:03:03,779
St. Giles'
up in Dargerville
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00:03:03,850 --> 00:03:06,717
hires me every couple
of months to take a group down here.
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He wasn't
a regular parishioner, I can tell you that.
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I take the collection
every Sunday and I've never seen him.
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00:03:13,593 --> 00:03:15,788
Did you see Mr. Timmons
when you were out shopping?
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We didn't do
much shopping.
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00:03:21,067 --> 00:03:22,864
Those are just
some souvenirs.
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Really?
Mind if I take a look?
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Check this out.
This looks like real Italian leather to me.
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This must've
set you back a bunch.
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They were cheap.
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00:03:37,584 --> 00:03:38,881
Because they're fakes?
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00:03:39,118 --> 00:03:42,315
Bob, our driver,
says we aren't really breaking the law.
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00:03:42,388 --> 00:03:44,083
Oh, so this was Bob's idea?
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00:03:44,157 --> 00:03:46,751
He knows the shops
with the best deals.
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00:03:46,826 --> 00:03:48,487
Lately, it's been Ming's.
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00:03:48,561 --> 00:03:51,325
And before there,
it was someplace else?
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00:03:51,598 --> 00:03:54,431
A place called Y.K.'s.
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00:03:54,500 --> 00:03:55,728
But the last time
we were there,
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he got into some
kind of argument with the proprietor.
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00:03:58,938 --> 00:04:00,166
Some kind of argument?
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00:04:00,240 --> 00:04:01,832
They gave him a black eye.
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00:04:02,308 --> 00:04:04,674
So the stores
give me a little taste.
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00:04:04,744 --> 00:04:06,143
I steer a lot of
business to them.
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00:04:06,212 --> 00:04:09,079
So, you don't have a problem
promoting the sale of counterfeit goods?
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00:04:09,148 --> 00:04:12,083
Have you ever seen the
factories where they make these knockoffs?
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00:04:12,285 --> 00:04:13,946
Little kids running
big machines.
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Fifteen-hour days,
no breaks.
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A piece of rat meat
for lunch.
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You're making this up.
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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.
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00:04:24,464 --> 00:04:25,590
That?
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00:04:26,032 --> 00:04:28,023
I ran into a lamp post.
(CHUCKLES)
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00:04:28,434 --> 00:04:30,197
You don't get it,
do you, Bob?
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00:04:30,370 --> 00:04:32,338
When you switched
from Y.K.'s to Ming's,
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00:04:32,405 --> 00:04:34,202
you put yourself
in the middle of a turf war.
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Killing Timmons.
That was a warning to you.
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00:04:38,311 --> 00:04:39,300
To me?
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00:04:39,379 --> 00:04:41,313
Yeah. You don't steer
your passengers back to Y.K.'s,
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00:04:41,381 --> 00:04:43,474
the next time
they're going to come after you.
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00:04:46,519 --> 00:04:48,578
Well, um, what do you
want me to do?
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00:04:51,891 --> 00:04:54,917
Police. Everybody!
Up against this wall, right now.
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We're looking
for Mr. Y.K.
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Anybody seen him?
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Nobody?
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00:05:03,236 --> 00:05:04,225
I'm Y.K.
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00:05:04,304 --> 00:05:06,568
Mr. Y.K., you're under
arrest for assault.
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00:05:06,639 --> 00:05:07,970
Yeah, who say that?
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00:05:08,041 --> 00:05:09,508
The bus driver
you punched.
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00:05:10,376 --> 00:05:11,968
I no punch no bus driver.
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00:05:12,211 --> 00:05:13,838
(IN CANTONESE)
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00:05:18,551 --> 00:05:20,246
This guy,
he was in your store?
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00:05:20,553 --> 00:05:21,884
No, we no see him.
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00:05:23,756 --> 00:05:25,087
Hey, you speak Chinese?
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00:05:25,158 --> 00:05:28,252
You keep lying to me,
and my Chinese will be the least of your worries.
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00:05:29,162 --> 00:05:31,596
Okay. He ask me
how to get to subway.
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00:05:32,065 --> 00:05:33,396
I tell him, you buy map.
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00:05:34,067 --> 00:05:35,591
He very cheap.
You know why?
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00:05:35,668 --> 00:05:38,159
Because he buy paper map,
he not even buy laminated.
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00:05:38,471 --> 00:05:41,167
The M.E. Pulled two slugs
out of Timmons, both.38s.
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00:05:41,240 --> 00:05:44,232
So what do you make of
the puncture marks on his forearm?
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00:05:44,310 --> 00:05:45,834
Track marks.
The way they're scarred over,
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00:05:45,912 --> 00:05:47,539
I'd say he's been
off the needle for a good year.
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00:05:47,613 --> 00:05:50,776
No, not those, these here.
They look like pin pricks.
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00:05:50,950 --> 00:05:52,281
Maybe he got acupuncture.
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00:05:52,352 --> 00:05:55,253
The Transit Authority found
Timmons on their cameras.
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00:05:55,355 --> 00:05:57,152
They sent me over
the link.
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00:06:00,460 --> 00:06:02,485
Here he is at
the Canal Street station.
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00:06:02,562 --> 00:06:04,860
VAN BUREN: He's taking
the uptown R.
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00:06:07,734 --> 00:06:10,897
They got him coming
out of the station at 28th and Broadway.
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00:06:11,604 --> 00:06:13,902
Look, look.
He's heading north on Broadway.
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00:06:14,407 --> 00:06:15,897
What's north on Broadway?
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00:06:15,975 --> 00:06:17,374
Macy's, the Garden...
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00:06:17,443 --> 00:06:18,808
The flower district.
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00:06:18,878 --> 00:06:21,472
The pin pricks on his arm
could be from thorns.
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00:06:22,315 --> 00:06:23,942
Yep, that's the guy.
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00:06:24,417 --> 00:06:26,885
The manager, Dianne,
she got into a fight with him.
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00:06:26,953 --> 00:06:28,545
What about?
I don't know.
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00:06:28,688 --> 00:06:30,121
He came in
and asked for her.
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00:06:30,189 --> 00:06:31,850
I went into the back
to get her.
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00:06:31,924 --> 00:06:33,414
I come back a couple
of minutes later
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00:06:33,493 --> 00:06:35,620
and she's screaming at him
and hitting him.
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00:06:35,962 --> 00:06:37,327
She knocked him
into that.
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00:06:37,463 --> 00:06:38,862
And this guy
was just taking it?
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00:06:39,265 --> 00:06:40,857
Not like he had a choice.
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00:06:41,401 --> 00:06:44,666
Dianne, she's got
some moves on her.
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00:06:45,171 --> 00:06:47,605
So then, he's on the ground
and Dianne says to me,
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00:06:47,673 --> 00:06:50,471
"Don't let him go,
I'll be right back." And then she split.
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00:06:50,710 --> 00:06:53,008
What do you think
she had in mind? I don't know.
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00:06:53,546 --> 00:06:55,138
She lives right
around the corner.
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00:06:55,214 --> 00:06:57,409
So then,
you handled Timmons?
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00:06:57,750 --> 00:07:00,583
Sure, I put him
in a headlock and I made him my bitch.
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00:07:00,653 --> 00:07:02,917
What do you think?
He split, too.
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00:07:02,989 --> 00:07:05,423
What about Dianne,
when she came back?
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00:07:05,792 --> 00:07:07,453
She never came back at all.
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00:07:07,527 --> 00:07:09,552
And she called in sick today.
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00:07:13,232 --> 00:07:16,724
That's not him.
Cesar gets people mixed up all the time.
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00:07:17,703 --> 00:07:20,365
All right, then who's
the guy you tossed into the flower cart?
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00:07:20,940 --> 00:07:22,407
Some creep who
thought he knew me.
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00:07:23,342 --> 00:07:24,604
And that gets him
a beatdown?
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00:07:25,211 --> 00:07:26,235
He tried to touch me.
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00:07:26,512 --> 00:07:28,275
Then you ran outside
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00:07:28,347 --> 00:07:30,815
and told Cesar
to keep him there until you came back.
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00:07:31,551 --> 00:07:33,985
I needed to get away.
I was upset.
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00:07:35,254 --> 00:07:36,881
Are you still upset now?
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00:07:36,956 --> 00:07:38,480
Is that why
you called in sick?
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00:07:40,426 --> 00:07:42,360
I don't think I like
the tone of your question.
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00:07:42,428 --> 00:07:43,861
You do martial arts?
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00:07:43,930 --> 00:07:45,864
Cesar said you had
some moves.
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00:07:46,399 --> 00:07:48,128
I train in DZR jujitsu.
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00:07:48,434 --> 00:07:50,994
These your certificates?
It's impressive.
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00:07:52,405 --> 00:07:54,100
Intimidating,
that's the idea, right?
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00:07:54,640 --> 00:07:57,131
In case one of your guests
gets an idea in his head.
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00:07:57,210 --> 00:07:58,837
I want you to leave now.
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00:08:00,079 --> 00:08:01,603
Like this one here.
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00:08:02,081 --> 00:08:04,379
From the NRA,
for marksmanship.
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00:08:05,451 --> 00:08:06,713
That would make a guy
think twice.
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00:08:06,786 --> 00:08:08,117
I want you to go.
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00:08:10,523 --> 00:08:11,990
Yes, ma'am.
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00:08:12,058 --> 00:08:13,616
Lupo.
Sure.
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00:08:15,661 --> 00:08:17,026
Excuse me.
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00:08:17,897 --> 00:08:19,592
Hey! Hey! Hey!
Hey! Hey! Hey!
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00:08:20,633 --> 00:08:22,464
You really don't like
people touching you.
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00:08:22,535 --> 00:08:23,934
You did that on purpose.
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00:08:24,003 --> 00:08:25,368
Shame on me.
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00:08:25,438 --> 00:08:26,962
And now
you're under arrest.
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00:08:27,974 --> 00:08:31,000
BERNARD: The employee's
positive it was Timmons in the flower shop.
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00:08:31,077 --> 00:08:34,069
And it turns out that
Dianne Cary's prior address
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00:08:34,146 --> 00:08:36,637
was in Dargerville,
the same as Timmons.
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00:08:36,716 --> 00:08:39,184
They were hometown neighbors
up until a couple years ago.
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00:08:39,252 --> 00:08:41,220
Or maybe
hometown sweethearts.
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00:08:41,287 --> 00:08:43,016
Well, if so, I can see
why she ditched him.
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00:08:43,656 --> 00:08:47,422
Timmons had a dozen
dope beefs, the last one six years ago.
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00:08:47,493 --> 00:08:50,724
Then there was an arrest
three years ago, but no charges were filed.
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00:08:50,796 --> 00:08:53,390
So he drops in
on Miss Cary to, what,
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00:08:53,466 --> 00:08:55,093
rekindle the old flame?
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00:08:55,234 --> 00:08:56,861
Instead stirs up
some bad feelings.
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00:08:56,936 --> 00:08:59,370
She decks him...
And runs home to get the gun,
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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?
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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'smethods are repugnantto 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
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