All language subtitles for law.and.order.s04e04.1080p.bluray.x264-segment_track5_[eng]

(male narrator)
In the criminal justice system...

the people are represented
by two separate yet equally important groups:

the police
who investigate crime...

and the district attorneys
who prosecute the offenders.

These are their stories.

What the hell kind of flavor
is coco pifada?

My wife brings it home.
| like it.

What ever happened
to ginger ale?

| don't know, Dad.
What ever happened to sarsaparilla?

[gun firing]

(Greenberg)
Damn!

[woman screaming]

[people murmuring]

(Jarvis)
Signal 10-24. Female down.

(Montoya)
Ave Maria! Geez! Oh, no! 927, West 104.

Oh, man! He ran in there.
You catch the bastard, there.

What's he look like?
Like you. A white guy with a gym bag.

Stay here!

(Briscoe)
So you never saw the guy running?

(Greenberg)
No, there was a truck in the way.

But a witness saw him
run into the garage.

And you chased him in there?
1 did, but the back's a dead end.

And you never saw anybody
drive out? No one drove out.

Witnesses?
Mr. Montoya.

If you'd have ran faster,
you'd have him.

He don't run too fast for me.
You ought to make me the cop.

You stay here.
You shut up.

[siren wailing]

Mike, what do you got?

Meet Ashita Khan. She's
32 years old, she's got a Musicians Union card...

she's got $45 in her
pocketbook, and she's got a shotgun blast in her chest.

Last Monday, about 6:00 p.m.,
that grocery clerk, the same thing...

what, about
three blocks from here.

Look at that bag, Lennie.
That's the same market.

Maybe the guy got upset
‘cause they weren't giving out green stamps anymore.

(Greenberg)
They saw the guy, too.

He was only about 30,
but he had manners, | thought.

He said hello to me
and then he pulled his rifle out of his bag.

It was so loud,
my ears are still ringing.

| told you he's here.
| call 911 six times this morning.

Who? You know the guy?

You pray, you know
the enemy of God.

Satan? E! diablo?

[speaking in Spanish]

He live.
Great, let's book him.

| don't think so. This guy
knows the neighborhood.

Satan's not a local.

They're both shot
on the street.

There's no robbery,
there's no warning.

A Haitian teenager
and a woman from India.

Welcome to America.

The same weapon.
Shotgun.

So we don't count on
Ballistics for a match.

Well, there were no shells
on the ground. So that means what?

Either the shooter
picked them up, or it's a breech-load.

Or it's two breech-loads.

It's possibly the most
common weapon in the country.

Duck country.

[phone ringing]

Van Buren.

Thanks. The husband's here.

(Khan)
Ashita and I...

we moved to the neighborhood
about five years ago.

It was once a very fine area,
you know.

The realtor said
it was coming back.

When was the last time
you spoke to your wife?

This afternoon.
She was leaving for a rehearsal.

The Wennegren Chamber
Orchestra. She played the cello, you know.

She said she was gonna pick up
dinner at Webb Market.

Webb Market. That's where
Hector Duvall worked.

A boy was shot last week.
He was a cashier there.

| read about it.
| didn't know he worked there.

Your wife ever
mention him to you?

A cashier? Why?

Can you think of anybody
who might have wanted to hurt her?

Of course not.

Nobody.

[Khan sniffling]

Last. .

Last week we found out
we were gonna have a baby.

Shotgun wounds,
the gun's usually a street sweeper.

Drug cowboys love them.

The hole in the woman's chest
was five inches across.

Then it wasn't a sweeper
unless the shooter was standing a block away.

He wasn't. The woman
was standing here when she was shot.

And some of the shot
passed across her shoulder and hit the wall.

We triangulate back from
the edge of the spread patterns on the wall...

and on the body.
The shooter was here.

That's a wide spread
for that close.

Exactly. Unless the barrel
was sawed-off.

What about Hector,
the cashier?

Number 5 goose shot.
Old paper shells.

Same as the woman.
Plus the same pattern, the same spread.

Amazing coincidence?
Or the same gun.

And | saw the same ammunition,
similar spread, two weeks ago in Harlem.

The late, unlamented
Ruben Calzada.

(Logan)
Yeah, okay.

Calzada was a sidewalk lookout
for a crack house.

The 72 has his murder
listed under "Solve After the Next Ice Age."

If the Indian cellist
was on the pipe, her husband forgot to mention it.

If she had
a special relationship with Hector Duvall...

he forgot
to mention that, too.

Maybe Duvall had
a part-time job with Calzada.

Maybe Calzada shopped
at Webb's Market.

Maybe it's time to buy
a quart of milk.

All right, his name's
Calzada, Ruben.

Now, you ever seen him
around Hector Duvall?

| don't think so.

What about her?

She's a nice lady.
She shops here.

But you won't believe
how many coupons she brings.

Was she friendly with Hector?

Hector worked and he studied,
then he worked, then he studied.

He just got into Columbia
on a scholarship.

No drugs ever?
Girlfriends?

My friend Samantha
thought he was cute.

Practically tackled him
one day after work.

And he almost broke his ankle
running away to do his homework.

The kid's a Boy Scout,
the Indian lady's a saint.

No hanky-panky there.

She and her husband held hands
in the elevator.

And the drug dealer?
A drug dealer.

Killed by the same ammunition,
probably the same gun.

Give me a connection
between the victims, please.

There might not be one.
Then we're really in trouble.

Get all the witnesses in.
I'm calling Olivet.

It was a Giants cap.
White guys all root for the Giants.

Is that the face?
The nose was wider.

And the chin.
The chin was longer.

Not that long.

The old lady
keeps trying to make him look like Liberace.

One thing they all agree on:
he was white.

And he wore a cap.
Giants, Mets, Green Bay Packers.

Get me every report you have
on the victims. Crime scenes, forensics, photos.

I'll send it
to Behavioral Sciences in Quantico.

We don't need
the FBI to show us how to handle a homicide.

Three homicides,
seemingly random.

If you've got a serial killer,
the connection's in his mind.

Serial killer?
We don't know that.

Then explain this to me.

Okay, maybe.

Bring the Feds in, it'll
take us a week to show them how to use the subway.

Their psychological profiles
helped catch Bundy and Shawcross up in Rochester.

Yeah. They had David Koresh
all figured out, too.

You got any suggestions
what we do while the geniuses work?

Start the drill.

You guys, 106th Street.
From Amsterdam to the park.

You two, Broadway.

Every lamppost, every wall.

Have the supers hang them
by the mailboxes.

Fellas, we're collecting
white guys with caps. You wanna join the party?

We'll find our own.

Anybody interested?
No, they all work here, they got jobs here.

We're taking names
and addresses. All right.

The uniforms looked for
the guy over by this fire escape.

But there's another door
back there that leads to a passageway...

goes all the way through
to 103rd Street.

That's how
the shooter got away.

You were here?

Yeah. For about three years
when | was a kid.

You could steal a comic book
from that drugstore...

and be skipping down
103rd Street. ..

before the old guy
at the counter even knew you were gone.

| was interested
in the criminal mind even then.

Well, if the shooter knew
about your passageway, maybe he grew up here, too.

So that would make him Irish?
Jewish? Yeah.

That's what it was
when | was here.

Everybody worked
60 hours a week, nobody had a nickel.

Same as today, except now
they're black and Spanish.

Yeah. New York City.

You don't like
the neighborhood? Wait 10 minutes.

Haven't seen him.
What's he drink?

If we find him, I'll ask.
| hope it's Bordeaux.

When this neighborhood
was about to go up a few years ago...

| laid in a stock
of the best French wines.

Sounds exciting.

The characters that moved in
only want the latest flavor wine cooler.

Peach Parfait. $1.19.

Well, you sell
enough of those, what's the difference?

The difference?

I'm standing here wondering
which of my customers...

is gonna come in some night
and blow me away.

Sofmusic playing]

No, | don't think so.
| took out the Mantovani section.

And replaced it
with masterpieces like this?

Well, myself, | still like
early Billie Holiday, anything by Bach.

But | give the people
what they want.

Now, my best customers,
white kids from Central Park West.

Their dads are all dentists.

Any song about blowing away
cops, nothing personal, they buy me out.

Explain it to me.

Too much violence
onh television.

White people don't
cash their checks here. They got banks.

There are a few
poor white people.

Bring one in.
I'd like to meet him.

Gonna be a long day.

There were two weeks
between the first two Killings...

two days
between the second two. He's speeding up.

Unless there were killings
after the first one that you haven't detected.

New York's a tough town...

but we usually notice
when pedestrians get whacked by a 12-gauge.

Most of the time.

Let me run you through
the baby steps on a killer like this:

He looks like the most
normal person in the world.

He has trouble
with personal relations.

He'll get an ego boost by
killing again while the police are still looking for him.

So we all go home
and wait for him to tire himself out?

No, you just might be
smarter than he is.

You want to help us out
or just give us an 1Q test?

The choice of weapon
is interesting.

We're checking
recent shotgun purchases.

Don't bother. If he bought
a new weapon for this...

he would not have bought
a breech-loading 12-gauge. No.

He's using something
that's been sitting in a closet someplace.

(Briscoe)
So he's a hunter? Or his father.

We're doing what we can
with hunting licenses.

We think he's between the age
of 35 and 40.

Our witness said 30.

Mrs. Whitney? The elderly
tend to underestimate age.

He's acting out a grudge
against a group...

because of something
that happened to him. Either real or imagined.

Checking Webb's Market,
fired employees, customers with complaints.

Calzada was Dominican,
Duvall Haitian, Khan Indian.

And they all had dark skin.

So a guy who has a beef,
real or imagined, against foreigners, non-whites...

or a Supermarket.

Dealer's choice?

The next victim
will narrow our focus.

The 49's sending over
10 guys.

Twenty blocks,
one on each side, we heed at least 80.

And no Irish beat-walkers
in drip-dry suits.

We want blacks, Hispanics,
women, people who look like kids.

Is the department gonna
go for this? They won't even spring for felt-tips.

You organize the bodies,
I'll worry about the money.

[people chattering]

Sofmusic playing]

(man)
Turn that music down!

Let me get your
windshield here.

Van Buren,
the block's still covered. Can you spot them?

Ours, ours...

ours.
The lady's three for three.

Maybe I'll break out
my fishnets, spiked heels...

and give someone
the night off.

(officer)
Unit 12, come in. Unit 12.

10-24 shots fired.
111 and Broadway. Ambulance on the way.

He's a lucky man, Mr. Jackson.
He caught a load of bird shot in the back...

a couple of fliers
just missed his heart, one nicked his kidney.

He must've turned and run
when he saw the gun. It's good instincts.

Yeah, most people
freeze and die. We need to talk to him.

The man's just out of
emergency surgery.

We're chasing
a serial killer, Doc.

There he is.

(Briscoe)
Mr. Jackson, Detectives Briscoe and Logan...

New York Homicide.

Can you tell us
what happened?

He asks me:

"How do you like
the neighborhood?"

Then he took a double-barreled
out of a bag.

| took off.

761st Battalion,
D-Day, Omaha Beach...

| saw what happened to people
who didn't break for cover.

Did you happen
to get a look at his face?

It was dark.

He had a cap.

But I'd know his voice.

Jackson was born in Albany,
he shops at the A&P, but he's black.

So it's racial and linked
to a particular territory.

The shooter asked Mr. Jackson
how he liked the neighborhood.

Now, a withess
to the Calzada killing said...

he thought the shooter said,
"Have a nice day."

But when we talked to him
again he said...

it might have been,
"Welcome to the neighborhood."

Calzada was shot in Harlem,
the others were upper West Side.

Yeah, but the place
where Calzada was shot used to be a3 movie theater.

Now when | was a kid up there,
we considered that part of the neighborhood.

He knows the area, considers
it his, something bad happened to him there.

Find something good
that happened. That'll be news.

(Bishop)
He's irrationally blaming all people with dark skin.

He's paranoiac in general,
probably has a history of feuding with neighbors.

He'll talk to someone
about his obsession. His wife, whoever.

He'll seek social support.

(Olivet)
Maybe regulars at a neighborhood bar.

A bar where white guys
make racist remarks? Can't be too many of those.

He might seek the literature
of a white supremacist group.

The Bureau has mailing lists.
I'll get you a sort on the New York zip codes.

There's not much doubt
he'll kill again.

None.

Any of the names
match our lists?

| fed in black on white
crime victims from the upper West Side...

the reports from your street
canvassing, hunting licenses from nearby counties...

18 hits.

Thomas Jones,
subscribes to Aryan News...

assaulted two years ago.
He's 88

Never too old
to be a bigot.

George Ferguson, muggee.

From the street canvass,
two winners in Brooklyn and Queens.

You got your passport?

Thanks.
Sure.

We know you've been
in that neighborhood, Kevin.

These dead people,
they were niggers?

You got a problem
with black people? What do you think?

(O'Connor)
Kevin, what's going on? Who are you?

I'm Det. Logan,
this is Det. Briscoe.

Is this boy your son?
I'm Kevin's mother. What do you want?

We're talking to people who
are on the mailing lists...

of white supremacist groups.

Why? What's it to you?

They're asking
about some niggers that got shot, Ma.

Oh, yeah? Well,
we've been crying our eyes out.

Look, we happen to believe
white people have the right to stand up for themselves.

There's no rule against that.
Let's go inside.

But we do need to know
where Kevin was last night.

He was at church.

On a Tuesday?
Choir practice.

8:00 to midnight. You
wanna check? There's 40 God-fearing witnesses.

Come on.

[siren wailing]

George Ferguson?

Now, why would
a black guy subscribe to White Power World?

Identity crisis?

Robert Nelthropp's
forwarding phone number is in North Dakota.

I'm sure he'll be
very happy there. Who's next?

Arthur Tunney, Rego Park.

Interviewed on Broadway
two days ago in a Giants cap.

In my eyes, it could be him
and it could be you.

So where'd he move to?
He didn't say.

You know where
he moved here from? | still get mail for him.

Some of it's forwarded
from an address in Manhattan.

| been saving it,
in case he calls.

All right, the address,
the upper West Side?

Yeah, | think so.
I'll go get it for you.

Tunney? Sure,
he used to live here with his mother.

Where is he now?
| don't know.

He was here
a couple of days ago with his sister.

They were clearing out
the rest of the old lady's stuff.

Did they go
to Florida? You don't know?

The old lady, she was taking
a walk to the park, maybe three, four months ago.

Broad daylight,
kids snatched her bag, knock her down...

she hit her head,
they left her to die. Scum.

We have a Tunney
oh our victims list?

Her name's Waters.
Second marriage.

These kids,
what racial persuasion were they?

Come on, look around.
They weren't Eskimos.

You got the sister's name?
Yeah.

(Mary)
| begged her to move somewhere safer...

but she lived in that
apartment 53 years.

The neighborhood was her life.
She wouldn't leave.

My brother-in-law hated it
there. He moved back in with her to protect her.

Have you found
the African-Americans who killed my mother?

That's why we needed to talk
to your brother.

What can he tell you
you don't already know?

Well, we might have missed
something before.

He's on West End Avenue, 1410.

What?

(Logan)
She knew we weren't there about the mother.

(Briscoe)
Well, the husband didn't know. Or he didn't care.

You wanna call for backup?

No, let's just do it.

And get a 12-gauge hello?

Hey. Cap, bag.
Close enough.

Arthur Tunney?
Yeah?

All right, get your hands up
on the roof. Spread your legs. Don't move!

Wheeling out
the welcome wagon again, Artie?

It's number four, | think.
Take your time, Mrs. Whitney.

She made her call.

Yes, it's four. | think.

Thank you, Mrs. Whitney.
Come on, Mrs. Whitney. Right this way.

(Logan)
Mr. Montoya, step right up.

Mr. Montoya, | want you
to look at these people very carefully.

(Montoya)
Number three.

Or one.
Definitely three or one.

Good choices.
I'll take my client home now.

He's got
one more audition.

(Logan)
Number one:

(man #1)
How do you like the neighborhood?

Number two -

(man #2)
How do you like the neighborhood?

Number three:

(Tunney)
How do you like the neighborhood?

Play that one again.

[tape rewinding]

Number three:

How do you like
the neighborhood?

That's it. That's him.
That's the man that shot me.

So, | have a shotgun.

Ever hear of the Constitution?
The right to bear arms?

Does the Constitution
give you the right to shoot people?

Black people?

Well, as a matter of fact,
the Constitution says...

they're only worth
three-fifths of a white man.

Mr. Tunney, | advise you
to remain silent.

It's okay, we're talking about
the Constitution.

Article One, Section Three.
Look it up. That article's been amended.

Progress.

It's not always
a good thing.

And the old neighborhood
really went to hell with itself, didn't it?

Yes, it did.
And | don't see you people doing anything about it.

And so you decided to do
some cleaning up on your own.

When | said "you people,”
| was talking about the white lackey power structure.

| didn't mean you people.

You people have done plenty.

Made the neighborhood
a wonderful place...

if you like living in Nairobi
or wherever it is you're from.

I'm from Brooklyn, Mr. Tunney.

You've done
a nice job there, too.

Mr. Tunney, this isn't
doing you any good.

You are, Miss Levinson?

Your public defender advice
is worth everything I'm paying for it.

| will be dispensing
with your services soon.

What are you gonna do, Tunney?
Get a lawyer in a white sheet?

Don't you see what's happening
in this country?

Don't you want to see?

(clerk)
"Docket number 87345, People v. Arthur Tunney.

"Three counts of murder
in the second degree...

"one count of attempted murder
in the second degree."

| see a defendant.
Do | see an attorney?

Your Honor, I've just
been engaged to take over Mr. Tunney's defense.

Always a pleasure, Mr. McCoy.
Mutual, Judge.

Not guilty.

On all counts, | assume.
Miss Kincaid?

In view of the heinous nature
of the crimes, Your Honor...

the People request
that Mr. Tunney be held without bail.

However heinous the crime,
Mr. Tunney is not.

He has a job,
he has roots in the community...

the police have overreacted
to public outrage...

by precipitously arresting
ah innocent man.

(Pongracic)
If you wanna argue the evidence, Mr. McCoy...

write me a brief.

Defendant remanded
without bail.

You're not concerned?

He wasn't off the bus
at Rikers 20 minutes, and he's viciously stabbed.

A vicious, superficial cut.

And he's under very good guard
at the prison hospital.

While every young blood
in the yard is sharpening his spoon.

He'll be protected.

The only way to assure that
is to drop your opposition to my motion for bail.

Then he'd be safe
and nobody else would. If he's your Killer.

I've seen stronger evidence
that Eisenhower was 3 communist.

Please, you're not gonna
take a chance with this guy.

He's out killing
innocent people.

In the eyes of the law,
| believe Mr. Tunney is an innocent person.

Unless you've already had
a trial and convicted him without inviting me.

No, Horace. We wouldn't
think of having a trial without inviting you.

Horace McCoy is a member of
the Harlem Defense League...

now he's defending
a racist killer?

Yeah, well, someday a rapist
may be lining up to hire you.

Yeah, but what's in it
for him?

Don't worry
about his motivation. Worry that he can win.

We've got an eyewitness
and a weapon.

We've got an ear-witness
and a generic shotgun.

And we can show a revenge
motive. Two black teenagers killed his mother.

Yeah, wonderful.

First, he gets sympathy, then he trots out McCoy
o show he's not a bigot.

That's why he hired him.

Tunney is running amok.
He's killing innocent people.

You wanna deal him?
No, sir. You've got to convict.

Or every crime victim
in the city launches himself as Captain Vengeance.

But if Tunney casts himself
in that role, maybe he's proud of what he did.

He brags to the world
about it, hangs himself.

You think we can get him
to take the stand? Ask him.

(McCoy)
Unless you're offering your services...

as Mr. Tunney's bodyguard...

| don't see the reasons
for this meeting.

| took another look
at your evidence.

Based on your
ballistics report alone...

you should have indicted
half the duck hunters in the state.

Well, Horace, we have
looked at the evidence. ..

and we think there's
extenuating circumstances.

The brutal death
of your mother, Mr. Tunney.

They got her.
Not another word.

Used to be
a nice neighborhood, until these people--

You ever hear
of the Sixth Amendment?

Mr. Tunney has a right
to counsel. He also has a right to be heard.

Don't you love watching
a black lawyer at work?

It's a marvel of nature,
like a platypus.

Platypus?
That's a big word. You know, you don't sound so dumb.

I'm surprised
you haven't noticed Stone is here to trick you.

| was smart enough to hire
you, wasn't |, Horace?

[pager beeping]

| better take it.

Going to protect
the rights of another oppressed black man?

Tunney! You gotta listen to me
or I'm out that door! Sit!

[door alarm buzzes]

You have no qualms
about this, Horace?

You mean, why didn't | stay
above 110th Street...

where | belong?
That's not what | mean, and you know it.

Do you ask white lawyers
if they have qualms...

when they defend
a black man accused of killing white people?

If it's a question
of principle and the defense being railroaded, no.

How about a man being entitled
to the best possible defense?

The Tunneys can afford
a flashy lawyer.

Precisely. And they
got a good one.

I'm not questioning
your ability. You're a great lawyer.

You know that. | Know that.
| want the whole city to know that.

Is that what this is
all about? Some high-profile form of advertising?

You mean, | might get my name
on the short list of trial lawyers for wealthy clients?

Put up there with Haines
and Spence and Cutler?

When they made their names
defending killers...

did you ask about
their consciences?

The call was from Van Buren.

Another shotgun killing
on the upper West Side.

The victim was black.

But he was fooling around with
his cousin's girlfriend...

the cousin had a temper
and the shotgun.

Don't tell me.
The police can't find them.

Terrific. It's a copycat...

and McCoy'll use him at
the bail hearing to prove that we have the wrong guy.

Don't worry, I'm prepped.

For Judge Pongracic?
That woman? She's very unpredictable.

If only she could hear
Tunney talk about them and platypuses.

Or the jury could.

He must have sounded off
to someone who could help us establish motive.

Briscoe and Logan
said that his sister wasn't surprised...

that they were
looking for him, so check her out.

Maybe we both want something,
Miss Kincaid.

| want to keep
a dangerous Kkiller off the streets.

Dangerous Killer.

Funny way to hear
your little brother described.

| remember how he cried
if | used to blow his birthday candles out.

How about more recently?

Will you testify about
what your brother said about black people?

What he did
about black people?

My brother'll die
if he goes to prison.

Now, maybe Arthur said
things to me | don't remember.

Unless | have a reason to.

There's an isolation unit
at Dannemora, we can promise you--

He needs help. He belongs
in a mental hospital, not a prison.

He's not legally insane.
Not even his lawyer is claiming that he is.

Then | can't help you.

She knows he's guilty
but she won't cooperate.

It was her mother, too.
She's angry.

Adam, if my brother was
spraying pedestrians with a shotgun, I'd turn him in.

Would you?
Yes, sir.

If she's protecting him,
why didn't she call to warn him...

after the police
left her apartment?

Briscoe and Logan
drove 50 blocks to Tunney's place...

but he didn't leave
until after they got there.

But when they got there,
the gun wasn't loaded...

and there were
no shells in the bag.

He wasn't taking it
in for repairs.

He was trying to dump it?

Get the sister's
phone records.

[clock bell tolling]

The Bradleys' LUDs.

There's a call to Tunney
20 minutes after Briscoe and Logan walked out of there.

Twenty minutes.

No wonder he was still around
when the cops got there.

The sister's rock solid
behind him. She wouldn't delay.

But she wasn't
the only one there.

What, her husband tried
to talk her out of it? He's the weak link?

We've got to hope
there's one somewhere.

Now it's a crime
to call your brother?

(Kincaid) It is if you told him
to get rid of evidence, yes.

You could be charged with hindering prosecution,
Mrs. Bradley.

(McCoy) Go ahead, slap
her wrists, Mr. Stone.

I'll slap back harder
with a charge of harassment.

Don't threaten me, Horace.
You're here as a courtesy.

(Mary)
He's our lawyer.

Not for long, if your brother's interests
and yours diverge.

My brother and |
are onh the same side.

Do you want to share
a cell with him?

Mr. Bradley, how eager
are you to be indicted?

Me?
Yes, it's your phone, too.

We can assume
action in common.

Unless, of course, you tried
to prevent her from calling.

You don't have
to listen to this. Let's go.

Mary.
We'll discuss it outside.

So we go with what we've got.
The family's standing firm.

Defend thy brother
though he shoot thy neighbor.

We still have
a victim's testimony.

And the motive's a lock,
Tunney's a raving racist.

Racism's in style these days.

There was a dinner
at the East Side Sunday night.

This woman next to me
starts telling this coon joke.

How could anyone today
find that funny?

People are saying things I'd have been embarrassed
to think 10 years ago.

Unemployment, crime. People make scapegoats
out of minorities.

Average white male, he's more likely
to be attacked. .

by his wife than
by a black mugger.

Subsequent to placing Mr. Tunney under arrest,
we searched his apartment.

And is this the literature
that you found there?

In his bedroom.

Please read
the highlighted paragraph.

(McCoy)
Objection.

Surely, what an American citizen reads cannot be
subject to police inquiry.

It goes to motive, Your Honor,
and state of mind.

And it goes against
the First Amendment.

Overruled. But keep it
on point, Mr. Stone.

"So-called Africans,
truly called mud people...

"diverged from
Homo sapiens ages ago.

"They are not human, and hunting them is as natural
as hunting raccoons."

(Stone)
Right. Thank you.

It's my understanding that...

the police first expressed
interest in Mr. Tunney...

because his name was on the mailing list
of the.. .. What was it?

White Power Party. Is that correct?
Yes.

How many people in the five boroughs
are on that list. ..

and other similar lists you consulted?
About 700

Can you tell us where each one of them was the day that
Hector Duvall was shot?

Can you tell us where they were the day
Ashita Khan was shot?

Mr. Tunney had a sawed-off
shotgun and a strong motive.

| understand.

Where was Mitchell Pergament, the night Lionel Jackson
was shot?

Your Honor, objection.
Is this a2 name on the list. ..

and is he going to ask
about every one of them?

Mitchell Pergament's brother
was killed...

by a black mugger
on Dyckman Street...

eight days before Mr. Tunney's mother
was murdered.

| assume you have a number of other grieving relatives
to inquire about?

Fifty or sixty.

What do you say you boil it down to a single question,
Mr. McCoy?

Detective, did you
investigate every one...

of the 750 New Yorkers who had the same
alleged motive...

or state of mind
as the defendant?

We didn't need to.
We already had the Killer.

You made that assumption and that is where
your investigation stopped.

It was double-barreled.

Side by side.

When | saw those two holes pointing at me, | tried to
get the hell away.

Mr. Jackson, are you certain that the voice
of the gunman...

was the same as the voice of the defendant,
Arthur Tunney?

He's the one.

Thank you. Your witness.

You did not see the face
of the man who shot you?

He was his size, his build.

Then for all you know,
it might have been this man.

No, he's shorter. | can tell.

If Mr. McCoy would like the two gentlemen to stand
next to each other...

and be measured,
the People have no objection.

How old are you, Mr. Jackson?

Seventy-two.
But perfect hearing.

On the night you were shot, you were unconscious
for two hours.

You lost half the blood in your body.
You had major surgery.

Now, through
all that trauma...

you don't have the slightest bit of normal doubt
that you could remember...

or distinguish a voice
you'd never heard before?

| remember the voice...

of the first white man that told me
not to come in his store.

| remember the voice
of the doctor...

who told me
| had a healthy son.

And | remember the voice of the man who took out a gun
and shot me.

(Stone) I'm glad Lionel Jackson
was oh our side.

He could teach a course on how to testify
as a withess.

How good a withess
is Dr. Olivet?

She's terrific.
But not on this case.

If they don't want to bring up Tunney's psychology,
neither do I.

Why do you ask?

McCoy's withess list is out.
He's calling Olivet.

And he's subpoenaed
every note and record...

concerning the development
of the serial killer profile.

What?

| Knew McCoy was clever, but this is off
the Richter scale.

He can bury us
with this material.

And use our own expert
to turn the shovel.

This psychological profile
of the killer...

was not prepared solely by you,
was it, Dr. Olivet?

It was primarily compiled
by the FBI.

Experts who studied how many,
200 serial killers?

Something like that.

Who had access to information on every crime
in the United States. .

and an entire staff of distinguished
psychiatrists?

Objection, Your Honor. | honestly don't understand
the relevance of this.

I'm just trying to establish
that this profile...

is an authoritative
description of the Killer.

But it's a hypothetical description. It didn't arrest
Mr. Tunney, the police did.

Relying on this profile.

Fair enough, Mr. McCoy. But let's not belabor
its bona fides.

(McCoy)
Fine.

It says here that the killer would have spoken
of his rage to his wife.

Is Mr. Tunney married?

It says that he would have spoken to his wife
or someone close to him.

Is Mr. Tunney married?

No.

It says here the killer has a history of
feuding with neighbors.

Mr. Tunney has not feuded with anyone that
I've heard of. Have you?

The profile is only a tool
to help investigators.

It guided them right smack
to Ted Bundy, didn't it?

Right smack
to Arthur Shawcross?

It was one of many things
that helped investigators--

This profile says that the killer worked at
a succession of menial jobs.

Mr. Tunney owns his own upholstery business,
doesn't he?

So I've been told.

Mr. Tunney fails
to match this profile...

in many significant aspects,
does he not?

And he matches in others.

How many men in New York City
match this profile overall...

more closely
than Arthur Tunney?

| couldn't say.

Unfortunately,
neither can the police.

You use the profile when you're hunting
a lunatic. ..

and McCoy makes it blow up
in your face.

Olivet held him off as well as she could.
Yeah.

He was just grasping at phrases.
It didn't mean anything.

They were just words.

Words is what we do
around here, Miss Kincaid.

Who's McCoy got next?
His ballistics expert.

Ours made the case that the same gun
had shot all four victims. ..

and that it's
one in a million.

And McCoy'll have the jury
believing they grow on trees.

Call him. See what
you can work out.

We're still winning.

The goal, Miss Kincaid, is to keep Tunney
off the streets ..

not improve
our batting average.

Mr. McCoy, please.
Ben Stone calling.

We don't wanna give him the whole store.
One count, 25-to-life.

That's still murder two.
Will McCoy take it?

One life imprisonment
is better than three, and...

that gives McCoy a partial victory and Tunney is
off the streets, thank God.

| hate to interrupt, sir,
but can we meet at Rikers?

Since when?

| can imagine.

Why the hell
wash't | notified?

Don't gloat, Horace.

No.

No, and you might wanna
warn your neighbors.

[Stone sighs]

Tunney has been out on the streets
since 4:00 this afternoon.

What?
Where's our notice?

Some clerk's dog ate it.

| make the rulings, Ben.
| don't deliver the mail.

The bail hearing
was a week ago.

You come back from vacation
and drop this on us?

Ruling on motions
is part of my job.

We're just asking
for another hearing.

You know how to do that, send your notice
to defense counsel.

(Stone) There are
exigent circumstances here.

Tunney could be pulling the trigger
while we're talking.

If he's your Killer.

Mr. McCoy's motion made the point that one of these
murders was committed. ..

while Mr. Tunney was in jail.
By a copycat.

And he's not linked to the killings that
Tunney's charged with.

| suggest you take your argument
to the Appellate Division.

Because you won't admit
you made a mistake?

Keep up that tone, Mr. Stone,
and I'll hold you in contempt.

You'll jail me, and you won't jail
a mass murderer?

Ben! I'm sure Judge Rodriguez will hear an appeal
expeditiously.

We don't have time for that. We can get an order
in half an hour.

| used to work for him.

Fine.

Thank you, Your Honor. (Pongracic)
Give her a raise, Ben.

You were about to walk
out of here in cuffs.

If | acted inappropriately,
I'm sorry.

Don't be. You didn't act inappropriately.
And neither did |.

What is inappropriate is a judge releasing
a serial killer.

I'll call Judge Rodriguez.

No. I'll take care of that. You make sure that
the cops find Tunney.

All right?

He's not at home, he's not at the mother's,
he's not at the sister's.

Keep unmarked cars
in front of all of them.

What do we do with him when we find him?
He's out legally.

Let him know he has company
all the time.

Right. If we find him.

The family might know
where he is.

The sister's
standing up for him.

Lennie, you remember the brother-in-law?
He gave up Tunney's address.

He was a little shaky before, even when Tunney
was Safely locked up.

How do you think he's sleeping
knowing Tunney's on the prowl?

We'll press him.

Our lawyer's on his way over.
We're not here about. ...

Mrs. Bradley, we're not here about any crime that
you may have committed.

We're here about your brother.
We've been through this.

We don't know where the hell he is,
Mr. Bradley.

And we don't know
what he's up to.

Even if he is the killer,
you think he's crazy enough...

to do it again
during his trial?

What do you think?
You know him better than | do.

How crazy was he when he shot
those innocent people?

(Stone) And how much crazier
is he now that. .

he's been stabbed
by a black man in jail?

The case is going against him.

He knows he's about to go to prison
for the rest of his life.

How is he gonna want to spend his last few hours
in the city?

Shopping for souvenirs?

Maybe we ought to tell them.
We got nothing to worry about.

We can't do anything
about what he did before.

He didn't do anything before.

Look, he came by here, upset after
the first two shootings.

He was talking crazy.
Shut up!

My mother-in-law's things
are in a storage locker.

Arthur was in and out of there
all the time.

| don't know Arthur killed anybody.
Mary doesn't know Arthur...

My mother-in-law said she'd move out
of that neighborhood...

if she could live with us.

| said okay, but Mary said no. She said her mother
would drive her crazy.

The key, Mr. Bradley?

My father-in-law was a hunter. He owned two
or three shotguns.

Look at this.

That's my mother-in-law.
12-gauge shotgun shells.

(Briscoe) Very artistic.
Most people use flowers.

Hey, Lennie, check it out.

Sawed-off, double-barrel.

This is from the gun
we found on Tunney.

You didn't know,
Mr. Bradley?

| haven't been here in months.

Wait a minute.
Single-barrel.

Fresh filings.

This was sawed off today.

We've got 18 cars out, 40 officers on foot.
So far, nothing.

We're not invisible.

Maybe he takes his act 10 blocks uptown,
10 blocks downtown.

[woman shrieking]

Get him! My bag!
He took my bag!

Hold it! Hold it!
You're kidding.

| don't have time for you.
| ain't do nothing.

Radio call. Man down at 1215,
West 105

[police sirens wailing]

How's he doing? He'll be okay.
The bus is sent for.

Where'd the shooter go?
There.

(cop)
He's dead.

(Logan)
It's Tunney.

(Briscoe)
Suicide? With his own gun?

(cop)
No, this one.

Took it off her.
This girl?

My father all right? (Logan)
He's gonna be okay.

We were coming from the bus.
That guy shot at us.

This used to be
a nice neighborhood.