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1
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In the criminal
justice system,
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00:00:04,091 --> 00:00:06,658
the people are represented
by two separate
yet equally important groups,
3
00:00:06,745 --> 00:00:08,573
the police
who investigate crime
4
00:00:08,660 --> 00:00:11,272
and the district attorneys
who prosecute the offenders.
5
00:00:11,359 --> 00:00:13,970
These are their stories.
6
00:00:14,057 --> 00:00:17,582
I served 18 years
with a clean conduct record.
7
00:00:17,669 --> 00:00:20,933
The last six,
I worked in
the heating plant
8
00:00:21,021 --> 00:00:23,675
without any
supervision whatsoever.
9
00:00:23,762 --> 00:00:28,158
I got my GED and I finished
two years of college by
correspondence.
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00:00:29,029 --> 00:00:31,074
That's very good.
11
00:00:31,161 --> 00:00:33,511
What we'd like to know,
Mr. Darnell, is if
you're released today,
12
00:00:33,598 --> 00:00:36,166
how can we trust
you won't get
in trouble again?
13
00:00:36,253 --> 00:00:38,908
I'm not the same man
I was 18 years ago.
14
00:00:38,995 --> 00:00:44,044
I've had therapy.
I've got discipline.
I understand myself.
15
00:00:44,914 --> 00:00:46,916
I'm responsible
for my actions.
16
00:00:47,003 --> 00:00:50,050
What does
that mean to you,
to act responsibly?
17
00:00:51,051 --> 00:00:53,488
If you grant me parole,
I plan to work hard
18
00:00:53,575 --> 00:00:56,447
and support my daughter
and my grandchildren.
19
00:00:56,534 --> 00:01:00,712
I plan to make restitution
to the people I hurt.
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00:01:00,799 --> 00:01:05,326
Nobody owes me a second
chance. I'm not saying
I deserve one.
21
00:01:07,110 --> 00:01:09,199
But I'm giving it
to you straight here,
22
00:01:09,286 --> 00:01:12,768
I know in my own mind,
I will never harm
anybody again.
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00:01:15,075 --> 00:01:18,078
Thank you,
Mr. Darnell.
Mr. McCoy?
24
00:01:20,645 --> 00:01:22,082
Thank you.
25
00:01:23,648 --> 00:01:25,607
I don't think
Mr. Darnell's
changed at all.
26
00:01:25,694 --> 00:01:29,437
I think he's just as
dangerous as he was
when I prosecuted him.
27
00:01:29,524 --> 00:01:32,179
He was found guilty
of six vicious rapes.
28
00:01:32,266 --> 00:01:35,443
He was a suspect
in seven others.
29
00:01:35,530 --> 00:01:40,404
He raped young women,
mostly teenagers,
at knife point,
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00:01:40,491 --> 00:01:44,016
in broad daylight,
in their own bedrooms.
31
00:01:44,104 --> 00:01:46,106
He wrapped a pillowcase
around their faces,
32
00:01:46,193 --> 00:01:49,761
to terrorize them and
heighten his pleasure.
33
00:01:53,504 --> 00:01:56,246
I have here
letters from
those women.
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00:01:57,291 --> 00:02:00,207
They don't want
his restitution.
35
00:02:00,294 --> 00:02:03,427
They don't want
anything from him.
36
00:02:03,514 --> 00:02:07,257
All they ask is that
we keep him behind bars
for the next 12 years,
37
00:02:07,344 --> 00:02:10,347
to serve out
the rest of
his sentence.
38
00:02:10,434 --> 00:02:12,654
This is the third time
he's applied for release,
39
00:02:12,741 --> 00:02:15,831
the third time
I've come here
to oppose it.
40
00:02:19,356 --> 00:02:22,272
I ask you now to
again deny him parole.
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00:02:24,535 --> 00:02:27,930
Let him pay his debt
to society in full.
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00:02:28,017 --> 00:02:29,279
Thank you, Mr. McCoy.
43
00:02:43,032 --> 00:02:49,647
Mr. Darnell,
we have taken into account
your psychiatric evaluation,
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00:02:49,734 --> 00:02:54,478
your conduct report,
and Warden Davies'
recommendation.
45
00:02:55,610 --> 00:02:59,222
Though we are mindful
of Mr. McCoy's concerns,
46
00:02:59,309 --> 00:03:02,704
we hereby grant your
request for early release.
47
00:03:12,148 --> 00:03:15,282
The mother, Mrs. Perez,
found her in bed when
she got home from work.
48
00:03:15,369 --> 00:03:16,761
She thought
she was sleeping.
49
00:03:16,848 --> 00:03:18,676
At 3:00 in
the afternoon?
50
00:03:18,763 --> 00:03:20,243
The girl had the flu.
She was staying home
from school.
51
00:03:20,330 --> 00:03:22,202
You check the
doors and windows?
52
00:03:22,289 --> 00:03:25,030
No sign
of forced entry.
53
00:03:25,117 --> 00:03:26,510
But Mrs. Perez
says the front door
54
00:03:26,597 --> 00:03:28,033
was locked
with the latch.
55
00:03:28,120 --> 00:03:29,861
And the building?
56
00:03:29,948 --> 00:03:31,776
Well, the door to the roof
is padlocked from the inside.
57
00:03:31,863 --> 00:03:34,126
The only way in is
through the main door,
58
00:03:34,214 --> 00:03:36,694
and the super swears
it's always locked.
59
00:03:36,781 --> 00:03:39,828
Now, the canvass
turned up a friend
who saw her around noon.
60
00:03:39,915 --> 00:03:44,920
She was going to
the basement to do laundry.
That's it right there.
61
00:03:45,007 --> 00:03:46,443
Is this
how Mom found her?
62
00:03:46,530 --> 00:03:48,750
She was on her side,
facing the wall.
63
00:03:48,837 --> 00:03:50,578
Any injuries?
64
00:03:50,665 --> 00:03:53,276
There's a bruise on
her right hand, a
small nick on her neck.
65
00:03:53,363 --> 00:03:56,192
For all I know,
she stroked out
or had an aneurysm.
66
00:03:56,279 --> 00:03:57,672
Well, what are
we doing here?
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00:03:57,759 --> 00:03:59,064
Ask the mother.
68
00:03:59,151 --> 00:04:00,327
She says the girl
must've been raped,
69
00:04:00,414 --> 00:04:01,632
because she never
sleeps naked.
70
00:04:01,719 --> 00:04:03,504
And you say?
71
00:04:03,591 --> 00:04:05,984
Yesterday, I found
out my 12-year-old
is a vegetarian.
72
00:04:06,071 --> 00:04:08,160
I think this girl
just outgrew her
Dr. Denton's.
73
00:04:08,248 --> 00:04:10,206
Except it's February
and she had the flu.
74
00:04:10,293 --> 00:04:12,426
I didn't see
anything forcible.
75
00:04:12,513 --> 00:04:14,863
Do ripped panties count?
76
00:05:03,651 --> 00:05:05,348
You told the officer
that the front door
77
00:05:05,435 --> 00:05:07,002
was locked when
you got home?
78
00:05:07,089 --> 00:05:10,440
Yes. Just with
the handle, though.
79
00:05:10,527 --> 00:05:12,703
Well, it locks by
itself when you
close the door?
80
00:05:12,790 --> 00:05:13,835
Yes.
81
00:05:15,663 --> 00:05:18,535
Did Teresa have
a boyfriend?
82
00:05:19,841 --> 00:05:23,714
She didn't have time.
She was too busy
with school.
83
00:05:25,890 --> 00:05:29,416
Isn't it possible
that she could've
found the time?
84
00:05:31,026 --> 00:05:32,593
I wouldn't let her.
85
00:05:34,464 --> 00:05:36,988
When I was her age,
I was pregnant with
Teresa.
86
00:05:38,425 --> 00:05:40,601
I didn't want
that for her.
87
00:05:41,863 --> 00:05:46,868
Oh, God,
my baby's dead!
88
00:05:49,087 --> 00:05:52,569
My beautiful baby.
89
00:05:53,614 --> 00:05:56,486
I met her coming
down the stairs,
90
00:05:56,573 --> 00:05:58,445
I thought she was
gonna pass out.
91
00:05:58,532 --> 00:06:00,795
She was sweating
and coughing.
92
00:06:00,882 --> 00:06:03,493
I helped her carry
her wash down to
the basement.
93
00:06:03,580 --> 00:06:06,017
What time was this?
I don't know.
94
00:06:07,367 --> 00:06:09,456
It was just before
I went to the store
95
00:06:09,543 --> 00:06:11,762
with my mom,
maybe around 11:30.
96
00:06:11,849 --> 00:06:13,547
Mmm-hmm.
97
00:06:13,634 --> 00:06:15,462
Did Teresa say
she was expecting
company later?
98
00:06:15,549 --> 00:06:17,159
Her boyfriend, maybe?
99
00:06:17,246 --> 00:06:19,857
No, she wasn't
expecting anybody.
100
00:06:19,944 --> 00:06:22,643
But she did have
a boyfriend, right?
101
00:06:22,730 --> 00:06:25,123
She didn't want
her mother to know.
102
00:06:25,210 --> 00:06:29,476
It's Raymond Cartena.
He lives in the building
next door.
103
00:06:30,738 --> 00:06:33,697
Was she...
Was she having
sex with him?
104
00:06:33,784 --> 00:06:38,049
No. Teresa said they
talked about doing it.
105
00:06:39,355 --> 00:06:43,707
He wanted to,
but she was scared.
106
00:06:43,794 --> 00:06:47,102
I called her this
morning to see if she
was feeling better.
107
00:06:47,189 --> 00:06:51,236
We were trying to
make arrangements
to get with each other.
108
00:06:51,323 --> 00:06:53,064
And do what,
go to the ballet?
109
00:06:53,151 --> 00:06:56,677
The movies, you know?
I mean, something
like that.
110
00:06:57,286 --> 00:06:58,940
That's funny,
because
111
00:06:59,027 --> 00:07:01,725
we heard you had
something else
in mind for her.
112
00:07:02,639 --> 00:07:04,554
What's that
supposed to mean?
113
00:07:04,641 --> 00:07:07,731
She was found naked
in her bed. Did you
do that, Raymond?
114
00:07:08,776 --> 00:07:10,778
No!
115
00:07:10,865 --> 00:07:12,823
Come on, Raymond,
we're all fellows here.
We know how it is.
116
00:07:12,910 --> 00:07:14,259
You're popping wood
and she's giving you
the red light, right?
117
00:07:14,346 --> 00:07:16,174
I did not do that.
118
00:07:16,261 --> 00:07:18,568
No way.
Where were you today?
119
00:07:18,655 --> 00:07:22,224
On West 83,
making a shower pan.
120
00:07:22,311 --> 00:07:25,880
I'm gonna need that
contractor's number,
all right?
121
00:07:30,101 --> 00:07:34,932
You're sure about
the times? Okay,
thank you very much.
122
00:07:35,019 --> 00:07:38,196
Well, he got there
at 10:00 a.m.,
left just after 3:00.
123
00:07:38,283 --> 00:07:39,807
Had lunch on the premises.
124
00:07:39,894 --> 00:07:42,200
Well, he'll be relieved
to hear he didn't do it.
125
00:07:42,287 --> 00:07:43,898
Plan B, it was
an inside job.
126
00:07:43,985 --> 00:07:45,465
The super said
Teresa's building
127
00:07:45,552 --> 00:07:47,510
was locked
tighter than
Fort Knox.
128
00:07:47,597 --> 00:07:51,035
Yeah, unlike this place.
The lock's busted.
Anybody can get in.
129
00:07:51,122 --> 00:07:53,995
Question is,
can you get from
this building to hers?
130
00:08:00,567 --> 00:08:02,307
If any of that
garbage from next door
131
00:08:02,394 --> 00:08:04,614
got into my building,
I want to kill him.
132
00:08:07,095 --> 00:08:09,358
What's in there?
133
00:08:09,445 --> 00:08:12,927
People used to keep
their strollers in there,
but we don't use it anymore.
134
00:08:13,014 --> 00:08:14,494
It's locked.
135
00:08:30,118 --> 00:08:33,338
Hey, Lennie.
What's that?
136
00:08:33,425 --> 00:08:35,384
Could be a conduit.
137
00:08:35,471 --> 00:08:37,865
The city used to have
pipes running between
the buildings.
138
00:08:37,952 --> 00:08:40,563
It isn't nailed,
just jammed in.
139
00:08:41,651 --> 00:08:42,870
Well?
140
00:08:44,654 --> 00:08:46,830
The boiler room
next door.
141
00:08:51,052 --> 00:08:54,708
The bruise on
her wrist might be
a restraint wound.
142
00:08:54,795 --> 00:08:56,405
What about the cut
on her throat?
143
00:08:56,492 --> 00:08:59,103
I've done worse
shaving my legs.
144
00:08:59,190 --> 00:09:01,149
It's probably
a small knife
or scissors.
145
00:09:01,236 --> 00:09:04,108
You want to take
a flyer on how
she died?
146
00:09:04,195 --> 00:09:06,589
Suffocation, possibly.
147
00:09:06,676 --> 00:09:10,724
There was petechial spotting
on the outer lining of her
heart and lungs.
148
00:09:10,811 --> 00:09:12,769
That and a confession
gets you cause of death.
149
00:09:12,856 --> 00:09:14,989
We assumed there's
a sexual angle.
150
00:09:15,076 --> 00:09:17,513
No, I checked all
three ports of entry.
151
00:09:17,600 --> 00:09:20,255
No fluids, but the
cervix was bruised.
152
00:09:20,342 --> 00:09:22,039
Same timeframe
as her death?
153
00:09:22,126 --> 00:09:25,521
I'd say during.
That's the whole
point, isn't it?
154
00:09:25,608 --> 00:09:28,393
Raping her while
she's in the throes
of death?
155
00:09:28,480 --> 00:09:30,134
It's not the same MO.
156
00:09:31,571 --> 00:09:33,790
A young woman
raped in her own bed
157
00:09:33,877 --> 00:09:36,576
in the middle of
the day at knifepoint.
158
00:09:36,663 --> 00:09:39,404
There's no evidence
Darnell ever tried to
kill any of his victims.
159
00:09:39,491 --> 00:09:43,713
Maybe 18 years in
prison taught him not to
leave any witnesses.
160
00:09:43,800 --> 00:09:47,195
And to leave his
pillowcase at home?
Wasn't that his fetish?
161
00:09:47,282 --> 00:09:49,240
He found a new one. Death.
162
00:09:50,590 --> 00:09:52,548
I want him investigated.
163
00:09:52,635 --> 00:09:54,811
In the six weeks
he's been out,
164
00:09:54,898 --> 00:09:57,031
he's made all his meetings
with his parole officer
every morning at 8:00.
165
00:09:57,118 --> 00:09:59,250
He cuts sheet metal
in the village from
9:00 to 6:00.
166
00:09:59,337 --> 00:10:01,513
His PO says
he's got a perfect
attendance record.
167
00:10:01,601 --> 00:10:04,255
He lives on West 50th
with his daughter
and her two kids.
168
00:10:04,342 --> 00:10:06,736
His PO checks in
with him every night
at 7:00.
169
00:10:06,823 --> 00:10:09,130
Have you talked
to his boss yet?
Not yet.
170
00:10:09,217 --> 00:10:12,786
We're still checking on
a few other mutts in
the victim's neighborhood.
171
00:10:12,873 --> 00:10:14,657
McCoy thinks
Darnell's a hot lead.
172
00:10:14,744 --> 00:10:17,051
Yeah, well, maybe
the victim profile's
on the money,
173
00:10:17,138 --> 00:10:19,270
but from what I know,
174
00:10:19,357 --> 00:10:20,837
these deviants find
something that gets them
off, like a pillowcase,
175
00:10:20,924 --> 00:10:22,883
they usually
stick with it.
176
00:10:22,970 --> 00:10:25,233
Besides, the perp would
have to know that building
to get in,
177
00:10:25,320 --> 00:10:27,583
and Darnell
grew up in Ohio,
178
00:10:27,670 --> 00:10:29,890
and there's no record of
him ever having lived in
that building as an adult.
179
00:10:29,977 --> 00:10:34,895
Except that 20 years ago,
he committed two rapes
within five blocks of there.
180
00:10:34,982 --> 00:10:37,288
I guess we're
talking to his
boss, huh?
181
00:10:37,375 --> 00:10:41,423
I've got five parolees
working for me, including
my fiancee.
182
00:10:41,510 --> 00:10:43,381
The blonde file clerk?
183
00:10:43,468 --> 00:10:46,471
Yeah.
Twelve months in Bedford
for passing bad checks.
184
00:10:46,558 --> 00:10:48,212
The heart wants
what it wants.
185
00:10:48,299 --> 00:10:49,605
Yeah, I guess
if you're gonna
get cleaned out,
186
00:10:49,692 --> 00:10:51,128
it might as well
be by a pro, huh?
187
00:10:51,215 --> 00:10:53,870
So, is Lewis Darnell
invited to the wedding?
188
00:10:53,957 --> 00:10:57,569
He's here six weeks.
Not a big social mixer,
189
00:10:57,657 --> 00:10:59,354
but he's polite,
he's helpful.
190
00:10:59,441 --> 00:11:01,008
So he can be an usher.
191
00:11:01,095 --> 00:11:03,271
Was he here all
day on Wednesday?
Uh-huh.
192
00:11:03,358 --> 00:11:05,099
Except for lunch.
193
00:11:05,186 --> 00:11:07,492
The guys usually go
down the street to
Feldman's Delicatessen.
194
00:11:07,579 --> 00:11:08,624
What time was that?
195
00:11:08,711 --> 00:11:10,800
We knock off
12:00 to 1:00.
196
00:11:10,887 --> 00:11:13,803
But Wednesday, Darnell
said he had to run
an errand for his daughter.
197
00:11:13,890 --> 00:11:16,066
Came back about
20 minutes late.
198
00:11:16,153 --> 00:11:19,156
Oh, that poor girl!
It's so dangerous here.
199
00:11:19,243 --> 00:11:21,506
Look at my locks.
You think they're
any good?
200
00:11:21,593 --> 00:11:23,857
Yeah, they're fine. Please,
ma'am, if you could just
look at these pictures.
201
00:11:23,944 --> 00:11:25,380
I've got a chain, too.
202
00:11:25,467 --> 00:11:27,599
Maybe I should get a dog.
What do you think?
203
00:11:27,687 --> 00:11:30,777
I think you should tell me
if you saw any of
these men on Wednesday.
204
00:11:30,864 --> 00:11:32,300
No, I've never
seen them.
205
00:11:32,387 --> 00:11:34,955
How about for windows?
What do you recommend?
206
00:11:35,042 --> 00:11:36,652
Moving.
Look at each picture.
207
00:11:36,739 --> 00:11:38,654
No, I didn't see them.
208
00:11:38,741 --> 00:11:40,525
Did one of them
kill Teresa Perez?
209
00:11:40,612 --> 00:11:42,353
We don't know.
210
00:11:42,440 --> 00:11:45,487
She was nice.
I saw her that day
in the basement.
211
00:11:45,574 --> 00:11:47,532
She was folding
her laundry.
212
00:11:47,619 --> 00:11:51,275
She was sick, but
she helped me put my
clothes in the dryer.
213
00:11:51,362 --> 00:11:52,581
It's so sad.
214
00:11:52,668 --> 00:11:55,192
Yeah, it is.
Okay, thanks.
215
00:11:55,279 --> 00:11:58,979
Wrong MO, no
eyewitness, and no
murder weapon.
216
00:11:59,066 --> 00:12:00,720
This gets better
all the time.
217
00:12:00,807 --> 00:12:03,940
The laundry in the
girl's room, did it
look folded to you?
218
00:12:04,027 --> 00:12:06,900
What, the stuff in
the garbage bag? No.
219
00:12:10,164 --> 00:12:12,557
There's nothing remarkable
about the laundry itself.
220
00:12:12,644 --> 00:12:15,169
But I can tell you
what brand of fabric
softener they use.
221
00:12:15,256 --> 00:12:16,736
Pass.
We're thinking
the perp
222
00:12:16,823 --> 00:12:18,694
might've handled
the garbage bag.
223
00:12:18,781 --> 00:12:21,131
Latent found only
the victim's prints on it.
224
00:12:21,218 --> 00:12:25,092
But I noticed what
looked like the imprint
of an ear in the plastic.
225
00:12:25,179 --> 00:12:28,878
I side-lit the bag to
highlight any indentations
and took a photo.
226
00:12:28,965 --> 00:12:30,271
Want to dim the lights?
227
00:12:36,538 --> 00:12:37,931
Here's what showed up.
228
00:12:39,628 --> 00:12:43,240
I compared this image
to the autopsy photo
of your victim.
229
00:12:46,156 --> 00:12:47,636
They match.
230
00:12:47,723 --> 00:12:48,985
Her face made
an impression
on the bag
231
00:12:49,072 --> 00:12:50,987
while she was
being suffocated.
232
00:12:51,074 --> 00:12:54,817
Looks like Darnell
found a bigger thrill
than pillowcases.
233
00:13:01,041 --> 00:13:02,825
It still doesn't
prove anything.
234
00:13:02,912 --> 00:13:05,872
Unless we can put
him in her building,
we're nowhere.
235
00:13:05,959 --> 00:13:08,004
What about his alibi?
236
00:13:08,091 --> 00:13:10,093
Well, the guy at
the deli remembers him
getting a sandwich to go.
237
00:13:10,180 --> 00:13:12,400
Leaves him just over
an hour unaccounted for.
238
00:13:12,487 --> 00:13:14,750
Enough time to get
to the Perez place
and back.
239
00:13:14,837 --> 00:13:19,799
Depends what his daughter
says about this so-called
errand he did for her.
240
00:13:20,408 --> 00:13:21,888
Let me know.
241
00:13:26,066 --> 00:13:27,284
Dad picked up
some clippers I brought
in to get fixed.
242
00:13:27,371 --> 00:13:28,720
There's a repair
shop near his work.
243
00:13:28,808 --> 00:13:30,679
Can't be that close.
244
00:13:30,766 --> 00:13:33,638
His supervisor says
he was 20 minutes
late getting back.
245
00:13:33,725 --> 00:13:35,597
So maybe he
had to wait.
246
00:13:35,684 --> 00:13:38,165
Clipper repair,
that's a tax-deductible
expense, right?
247
00:13:38,252 --> 00:13:40,863
Yeah.
So you have the receipt?
248
00:13:42,473 --> 00:13:44,432
Is there some problem
with his parole 'cause
he was late?
249
00:13:44,519 --> 00:13:47,609
Oh, we don't get
out of bed for
parole violations.
250
00:13:47,696 --> 00:13:49,219
See, Wednesday,
a young girl was raped
251
00:13:49,306 --> 00:13:52,309
and murdered on
the Lower East Side.
252
00:13:54,311 --> 00:13:57,880
And naturally you
thought of my father.
He's not a murderer.
253
00:13:57,967 --> 00:13:59,751
He happens to be
a convicted rapist.
254
00:13:59,839 --> 00:14:01,623
Those are all lies.
255
00:14:01,710 --> 00:14:03,886
If you could see
him with my kids,
you would realize
256
00:14:03,973 --> 00:14:05,279
that he's not
that kind of man.
257
00:14:05,366 --> 00:14:07,324
Miss, you want to
look for the receipt?
258
00:14:10,762 --> 00:14:14,897
Cute photos. Who's this?
259
00:14:16,464 --> 00:14:20,120
That's my father,
when he was seven,
with my grandma.
260
00:14:20,207 --> 00:14:22,122
He reminds me
of my little boy.
261
00:14:22,209 --> 00:14:24,951
Lennie, the statue
in the background.
262
00:14:25,038 --> 00:14:27,170
Looks like Union Square.
263
00:14:27,257 --> 00:14:30,521
Was this taken
in New York?
I don't know.
264
00:14:32,132 --> 00:14:37,659
Here it is. Right there.
The date, it's Wednesday.
265
00:14:37,746 --> 00:14:40,792
There's no time stamped
on it. He could've gone
there after work.
266
00:14:40,880 --> 00:14:42,316
My father doesn't
get off work till 6:00.
267
00:14:42,403 --> 00:14:44,448
The repair shop
closes at 5:00,
all right?
268
00:14:44,535 --> 00:14:48,017
Now, I've got
customers waiting,
okay? Do you mind?
269
00:14:51,803 --> 00:14:55,720
Go to prison and win your
daughter's undying love.
If only I'd known.
270
00:14:55,807 --> 00:14:57,200
So what do you
make of that picture?
271
00:14:57,287 --> 00:14:58,941
Darnell's file has
him growing up in Ohio.
272
00:14:59,028 --> 00:15:00,943
He's got a juvie
record there.
273
00:15:01,030 --> 00:15:02,858
Well, where was he
before he got a record?
274
00:15:02,945 --> 00:15:05,339
Lewis Darnell,
the lost years.
275
00:15:07,254 --> 00:15:08,951
Darnell's mother
was a war widow.
276
00:15:09,038 --> 00:15:11,214
She wasn't in any of
the old city directories,
277
00:15:11,301 --> 00:15:15,653
but Uncle Sam sent
her GI survivor benefits
until she remarried in 1953
278
00:15:15,740 --> 00:15:17,394
and moved to Ohio.
279
00:15:17,481 --> 00:15:19,048
Until then, she shared
an apartment with her sister.
280
00:15:19,135 --> 00:15:21,137
In the building
next to Teresa Perez.
281
00:15:21,224 --> 00:15:24,619
What does Judge Richler
say about a search
warrant for Darnell?
282
00:15:24,706 --> 00:15:27,404
He turned us down.
Darnell's connection
to the building
283
00:15:27,491 --> 00:15:30,103
wasn't compelling enough
to support probable cause.
284
00:15:30,190 --> 00:15:32,105
He wants to know
how many other rapists
285
00:15:32,192 --> 00:15:34,629
lived in the building
in the last 50 years.
286
00:15:34,716 --> 00:15:37,588
Can't Darnell's
parole officer
order a search?
287
00:15:37,675 --> 00:15:40,287
We can always ask.
Get on it.
288
00:15:40,374 --> 00:15:43,725
And I want him examined
for scratches and
bite marks.
289
00:15:43,812 --> 00:15:46,858
If we're lucky,
the girl put
up a fight.
290
00:15:46,946 --> 00:15:48,948
Do I look like
Sandra Day O'Connor?
291
00:15:49,035 --> 00:15:52,212
A judge already dinged
the search warrant.
I can't overrule that.
292
00:15:52,299 --> 00:15:54,170
Maybe, if you'd
have come to me first.
293
00:15:54,257 --> 00:15:57,130
Hey, isn't busting
your parolees' chops
part of your job?
294
00:15:57,217 --> 00:15:59,219
Unfortunately,
only for cause.
295
00:15:59,306 --> 00:16:01,221
The judge said
there isn't any.
296
00:16:01,308 --> 00:16:03,223
Should've talked
to me first.
297
00:16:03,310 --> 00:16:05,834
See, I told you, Lennie.
It was a mistake
listening to Ross.
298
00:16:05,921 --> 00:16:07,792
Who's that?
299
00:16:07,879 --> 00:16:09,838
Ah, she's an A.D.A.,
doesn't know her
ass from her elbow.
300
00:16:09,925 --> 00:16:12,275
She's the one who
had the bright idea
to take it to a judge.
301
00:16:12,362 --> 00:16:15,061
Yeah. I tried to tell her
there was a better way,
302
00:16:15,148 --> 00:16:17,802
but you know how
these pushy career women are.
303
00:16:17,889 --> 00:16:21,981
Yep. I work for one.
Look, I'd really
like to help you guys.
304
00:16:22,068 --> 00:16:23,460
You know, I just
thought of something.
305
00:16:23,547 --> 00:16:25,549
Can you pull Darnell
in for a physical exam?
306
00:16:25,636 --> 00:16:30,250
Sure, if I suspect drug
use. Should I suspect
drug use?
307
00:16:31,599 --> 00:16:33,122
Absolutely.
308
00:16:33,209 --> 00:16:35,516
I don't need
you to agree, Lewis.
309
00:16:35,603 --> 00:16:37,474
Drug use is
a violation of
your parole.
310
00:16:37,561 --> 00:16:40,477
You are required
to submit to
an examination.
311
00:16:40,564 --> 00:16:43,306
Fine. I'll pee in a cup
and I'll get out of here.
312
00:16:43,393 --> 00:16:45,526
After the doctor
checks you for
needle marks.
313
00:16:45,613 --> 00:16:48,224
If you refuse,
I'll violate you
right back to prison.
314
00:16:48,311 --> 00:16:51,140
He says the word,
you're on the next
bus to Sing Sing.
315
00:17:01,455 --> 00:17:03,805
He had some minor
cuts on his hands
and forearms,
316
00:17:03,892 --> 00:17:06,764
but that's normal for
someone who works
with sheet metal.
317
00:17:06,851 --> 00:17:10,420
Other than that,
there were no scratches,
nail gouges or bite marks.
318
00:17:10,507 --> 00:17:13,206
Bruises?
Nothing consistent
with a struggle.
319
00:17:13,293 --> 00:17:16,687
But this bird has
some peculiar habits.
Like what?
320
00:17:16,774 --> 00:17:19,038
Mr. Darnell has
no body hair.
321
00:17:19,125 --> 00:17:21,344
He told me he shaves it
for personal hygiene.
322
00:17:21,431 --> 00:17:23,390
Said it was a habit
he picked up in prison.
323
00:17:23,477 --> 00:17:25,653
Explains why we didn't
find any of his hair
on the girl.
324
00:17:25,740 --> 00:17:29,831
Hey, if rape was my business,
I'd shave before going
to work, too.
325
00:17:29,918 --> 00:17:34,357
Sounds like Mr. Darnell
just gave you cause to
search his premises.
326
00:17:37,621 --> 00:17:39,232
Here you go, pal.
Go see Mommy.
Thank you.
327
00:17:39,319 --> 00:17:41,234
Come here, Jared.
Come here, sweetie.
328
00:17:41,321 --> 00:17:43,410
Tami, can you take
them over to your place
for a second?
329
00:17:43,497 --> 00:17:47,501
Sure. Let's go, kids.
We can watch cartoons
at my place, okay?
330
00:17:49,372 --> 00:17:50,765
You've got no
right to do this.
331
00:17:50,852 --> 00:17:52,767
Take it up with him.
332
00:17:52,854 --> 00:17:54,508
Uh, Detective. I found
these in a cupboard
under the sink.
333
00:17:54,595 --> 00:17:55,770
A few pair missing.
334
00:17:55,857 --> 00:17:57,641
What? I use those
to color hair!
335
00:17:57,728 --> 00:18:00,253
What's the hair salon
for, coffee klatches?
Bag it.
336
00:18:00,340 --> 00:18:05,954
Hey, Lennie, in here.
No trophies from
the Perez girl,
337
00:18:06,041 --> 00:18:10,437
but I found his
stroke material.
Check out the titles.
338
00:18:10,524 --> 00:18:14,832
"Of Female Bondage,"
"Get On the Bitch,"
"Erase Her."
339
00:18:14,919 --> 00:18:19,707
Yeah, and in case his
VCR is on the fritz,
he's got magazines.
340
00:18:19,794 --> 00:18:22,927
Page after page
of rape scenes.
341
00:18:23,014 --> 00:18:25,582
So much for 18
years of therapy.
342
00:18:25,669 --> 00:18:30,500
What can I say?
Some people like vanilla,
I like rocky road.
343
00:18:30,587 --> 00:18:33,242
Yeah. I look at
pictures of ice cream,
I get hungry.
344
00:18:33,329 --> 00:18:35,766
Do these make
you hungry, Lewis?
345
00:18:42,512 --> 00:18:46,255
I learned in therapy
to control my urges.
346
00:18:46,342 --> 00:18:50,346
This material helps me
relieve the pressure
347
00:18:50,433 --> 00:18:52,783
so it won't
preoccupy my
thoughts.
348
00:18:52,870 --> 00:18:56,047
What you learned is
a fancy way to blow
smoke up our ass, Lewis.
349
00:18:56,135 --> 00:19:00,574
I have myself under
control. I see a state
shrink every week.
350
00:19:00,661 --> 00:19:04,752
Yeah? You tell him how
you did that Kojak number
on your privates?
351
00:19:04,839 --> 00:19:06,710
That's about hygiene.
352
00:19:06,797 --> 00:19:10,453
It's about two body
hairs found in
Deborah Rourke's bed.
353
00:19:10,540 --> 00:19:13,152
That's what got you
convicted the first time.
354
00:19:14,240 --> 00:19:16,329
So you didn't want
to make that mistake
again.
355
00:19:16,416 --> 00:19:20,376
That's a long time ago.
I want to talk about today.
356
00:19:20,463 --> 00:19:24,424
I'm not under arrest,
but here I am.
357
00:19:24,511 --> 00:19:26,469
You're detaining
me illegally.
358
00:19:26,556 --> 00:19:30,256
You're being detained
at the request of
your parole officer.
359
00:19:30,343 --> 00:19:31,909
This is one hell
of a system.
360
00:19:31,996 --> 00:19:35,348
Well, it wasn't designed
for your enjoyment, Lewis.
361
00:19:35,435 --> 00:19:39,352
You ever wear
disposable gloves?
No.
362
00:19:39,439 --> 00:19:41,354
You sure? 'Cause
your prints were found
363
00:19:41,441 --> 00:19:43,443
on a box of gloves
in your kitchen.
364
00:19:43,530 --> 00:19:44,922
Perhaps I had to move it.
365
00:19:45,009 --> 00:19:47,882
What about your
silver penknife,
where's that?
366
00:19:47,969 --> 00:19:49,144
I never had
a penknife.
367
00:19:49,231 --> 00:19:50,580
Somebody saw you
with it at work.
368
00:19:50,667 --> 00:19:52,060
It's not in your locker,
it's not at home.
369
00:19:52,147 --> 00:19:54,845
I never owned one.
Anything else?
Yeah.
370
00:19:57,370 --> 00:19:59,546
Teresa Perez.
Who?
371
00:19:59,633 --> 00:20:02,157
You'd know her better
as the girl you
raped and murdered
372
00:20:02,244 --> 00:20:03,767
last Wednesday on
your lunch break.
373
00:20:03,854 --> 00:20:06,814
I did no such thing.
I was running errands.
374
00:20:06,901 --> 00:20:09,251
We know. You got
a sandwich and you
picked up the clippers.
375
00:20:09,338 --> 00:20:11,253
What'd you do with
the rest of the time?
376
00:20:11,340 --> 00:20:13,212
I walked and I ate.
377
00:20:13,299 --> 00:20:15,475
Write down where you went.
378
00:20:18,782 --> 00:20:20,436
I don't remember.
379
00:20:20,523 --> 00:20:23,613
Ever been to 122A
East 11th Street?
380
00:20:24,223 --> 00:20:26,050
Doesn't ring a bell.
381
00:20:26,137 --> 00:20:30,490
Are you sure?
It's next door to
where Ms. Perez lived.
382
00:20:31,186 --> 00:20:32,579
No, sorry.
383
00:20:32,666 --> 00:20:34,494
You never went
down to the basement?
384
00:20:34,581 --> 00:20:36,496
No.
385
00:20:36,583 --> 00:20:38,585
Not even when
you were seven?
386
00:20:41,240 --> 00:20:43,720
I don't have a clear
memory of my childhood.
387
00:20:43,807 --> 00:20:47,550
So you don't remember
climbing through
a hole in that basement?
388
00:20:47,637 --> 00:20:50,292
No.
But you do remember
that basement, right?
389
00:20:51,337 --> 00:20:53,164
I don't want
to talk anymore.
390
00:20:53,252 --> 00:20:55,166
It's not up for a vote.
391
00:20:55,254 --> 00:20:58,431
If you had anything
on me, I'd be under
arrest right now.
392
00:20:58,518 --> 00:21:00,955
I don't care if
you violate me,
I'm going home.
393
00:21:01,042 --> 00:21:02,826
Sit down.
Detective.
394
00:21:11,226 --> 00:21:13,010
Now arrest him!
395
00:21:13,097 --> 00:21:15,709
Hey, hump, you're in.
You just violated
your parole.
396
00:21:15,796 --> 00:21:17,885
You have the
right to remain silent.
397
00:21:17,972 --> 00:21:20,757
Anything you say can and
will be used against you
in a court of law.
398
00:21:23,151 --> 00:21:28,112
I can stall a hearing
on his parole violation
for 90 days, but that's it.
399
00:21:28,199 --> 00:21:30,289
What are his
chances at
the hearing?
400
00:21:30,376 --> 00:21:32,900
Well, he was late for work
and he walked out of
a police interview.
401
00:21:32,987 --> 00:21:35,946
In the world of parolees,
gets him the good
citizen's award.
402
00:21:36,033 --> 00:21:39,776
Mr. Munro, I'd like to
know we're on the same
page here.
403
00:21:40,777 --> 00:21:42,866
The object is to
keep him behind bars
404
00:21:42,953 --> 00:21:45,304
until we can make
a murder case
against him.
405
00:21:45,391 --> 00:21:46,783
I'll talk to
the hearing officer,
406
00:21:46,870 --> 00:21:48,568
I'll show him your
file on the Perez girl,
407
00:21:48,655 --> 00:21:52,136
but I can't
promise anything.
408
00:21:52,223 --> 00:21:54,878
Sounds like Darnell
can start planning his
welcome home party.
409
00:21:54,965 --> 00:21:57,272
It's three months he
won't be on the hunt.
410
00:21:57,359 --> 00:21:59,709
Mr. McCoy?
This just came
by messenger.
411
00:22:02,190 --> 00:22:04,845
Darnell filed a writ
of habeas corpus.
412
00:22:07,848 --> 00:22:10,807
Mr. Darnell's parole
officer signed off
on his arrest.
413
00:22:10,894 --> 00:22:14,681
With a 400-pound
gorilla named Jack McCoy
breathing down his neck.
414
00:22:14,768 --> 00:22:16,770
Your Honor, these
Mickey Mouse violations
415
00:22:16,857 --> 00:22:19,120
are a pretext to
keep my client in prison
416
00:22:19,207 --> 00:22:20,687
while Mr. McCoy
investigates a crime
417
00:22:20,774 --> 00:22:22,428
totally unrelated
to his parole.
418
00:22:22,515 --> 00:22:24,647
What crime is that?
419
00:22:24,734 --> 00:22:26,562
A brutal rape and murder
committed with Mr. Darnell's
signature on it.
420
00:22:26,649 --> 00:22:28,259
It must've been in
disappearing ink.
421
00:22:28,347 --> 00:22:29,870
There's no evidence
he was involved.
422
00:22:29,957 --> 00:22:32,089
That's immaterial.
423
00:22:32,176 --> 00:22:34,701
His parole conditions
require him to cooperate
with the authorities.
424
00:22:34,788 --> 00:22:36,659
He consented
to a physical exam.
425
00:22:36,746 --> 00:22:38,574
He consented to
an interrogation.
426
00:22:38,661 --> 00:22:41,316
He tried to leave.
After two hours
of questioning.
427
00:22:41,403 --> 00:22:43,187
It does seem
unreasonable,
Mr. McCoy.
428
00:22:43,274 --> 00:22:45,233
Your Honor,
that's for a parole
hearing to determine.
429
00:22:45,320 --> 00:22:48,410
With all due respect,
he doesn't have a remedy
in this court.
430
00:22:48,497 --> 00:22:51,065
He does, Your Honor,
if the detention
is illegal.
431
00:22:51,152 --> 00:22:55,722
I agree. Mr. McCoy,
I don't see a significant
parole violation here.
432
00:22:55,809 --> 00:22:58,551
I'm ordering
Mr. Darnell's release.
433
00:22:59,421 --> 00:23:01,380
Isn't it heartening?
434
00:23:01,467 --> 00:23:03,817
Even the rights
of a disturbed serial
rapist are protected.
435
00:23:03,904 --> 00:23:06,472
How disturbed is he?
436
00:23:06,559 --> 00:23:10,432
There is a procedure for
committing dangerous people
against their will.
437
00:23:10,519 --> 00:23:12,695
Maybe we've just
been in the wrong
court.
438
00:23:12,782 --> 00:23:15,394
I've read the mental
hygiene law, Your Honor.
439
00:23:15,481 --> 00:23:17,613
There's no way my client
qualifies for commitment.
440
00:23:17,700 --> 00:23:20,094
He's a diagnosed serial
rapist. He's a danger
to others.
441
00:23:20,181 --> 00:23:22,531
You don't even have standing
to make this application.
442
00:23:22,618 --> 00:23:25,012
Mr. Darnell's
state-appointed
therapist does.
443
00:23:25,099 --> 00:23:27,797
Your Honor, he's trying
to use a civil statute
444
00:23:27,884 --> 00:23:29,843
to impose criminal
sanctions on my client.
445
00:23:29,930 --> 00:23:31,845
It's outrageous.
I'm within the
letter of the law.
446
00:23:31,932 --> 00:23:34,500
No. Maybe within
the spirit, Mr. McCoy.
447
00:23:34,587 --> 00:23:36,589
Now, I'll hear arguments
Thursday morning.
448
00:23:36,676 --> 00:23:39,113
Mr. Darnell is
scheduled for release
from Rikers this afternoon.
449
00:23:39,200 --> 00:23:41,724
I want him held
for observation
until the hearing.
450
00:23:41,811 --> 00:23:45,728
That's fine with me.
Have the papers on
my desk after lunch.
451
00:23:48,209 --> 00:23:50,646
I don't see
a problem, Elizabeth.
452
00:23:50,733 --> 00:23:53,432
His own therapist has
agreed to support the
application.
453
00:23:53,519 --> 00:23:56,217
A therapist with 300
court-ordered clients.
454
00:23:56,304 --> 00:23:58,785
I doubt he could
even pick Darnell
out of a lineup,
455
00:23:58,872 --> 00:24:02,092
and I doubt it ever occurred
to him to have him committed
until you brought it up.
456
00:24:02,179 --> 00:24:05,226
Darnell rapes and kills.
Isn't that a sign
something's wrong with him?
457
00:24:05,313 --> 00:24:06,706
Like it or not,
his abnormality
458
00:24:06,793 --> 00:24:09,012
is not a recognized
mental illness.
459
00:24:09,099 --> 00:24:11,754
If you want to commit him,
petition the American
Psychiatric Association,
460
00:24:11,841 --> 00:24:14,540
not a judge.
We're not reinventing
the wheel here.
461
00:24:14,627 --> 00:24:17,107
Six states have laws
to commit sexual predators.
462
00:24:17,194 --> 00:24:20,241
And they're all
being appealed to
the Supreme Court.
463
00:24:20,328 --> 00:24:24,550
Until the nine Supremes
rule otherwise, I'm
having Darnell locked up.
464
00:24:24,637 --> 00:24:26,769
The same way the Soviets
filled the gulag.
465
00:24:26,856 --> 00:24:29,076
It's using psychiatry
to punish people.
466
00:24:29,163 --> 00:24:31,382
Hey!
It's legally brilliant.
467
00:24:31,470 --> 00:24:33,602
Bound to be a hit
with the public.
468
00:24:33,689 --> 00:24:35,604
And you've no
business doing it.
469
00:24:35,691 --> 00:24:38,259
You're an assistant
district attorney.
470
00:24:38,346 --> 00:24:41,523
You work in criminal term.
If you can't beat them
there, that's it.
471
00:24:41,610 --> 00:24:43,525
That's the end of the story.
472
00:24:43,612 --> 00:24:45,962
You don't get
psychiatrists to front
for you in civil term.
473
00:24:46,049 --> 00:24:48,051
I'm leaning on the police,
but it could be months
474
00:24:48,138 --> 00:24:51,620
before we have enough
evidence for a murder
conviction.
475
00:24:51,707 --> 00:24:53,796
Where do you
want him until then?
476
00:24:53,883 --> 00:24:55,711
I'm on the side
of the angels here.
477
00:24:55,798 --> 00:24:58,061
If I can stretch
the mental hygiene law,
478
00:24:58,148 --> 00:25:02,762
it's worth doing to
keep him off the street!
Hopefully for good.
479
00:25:06,853 --> 00:25:09,029
After examining
his file,
480
00:25:09,116 --> 00:25:13,294
I'd say Mr. Darnell
has a sexual deviation
known as preferential rape.
481
00:25:13,381 --> 00:25:16,732
He'd rather rape
than have a normal
sexual encounter.
482
00:25:16,819 --> 00:25:20,562
He finds the force
and fear of rape
sexually exciting.
483
00:25:21,215 --> 00:25:22,608
What provokes him?
484
00:25:22,695 --> 00:25:25,698
Any number of stress
factors. Work, family,
485
00:25:25,785 --> 00:25:28,352
even waiting in line
at the grocery store.
486
00:25:28,439 --> 00:25:31,965
The pressure builds
until he feels
a compulsion to rape.
487
00:25:32,052 --> 00:25:34,097
After he does,
what happens?
488
00:25:34,184 --> 00:25:37,753
The pressures start to
build again and the
cycle repeats itself.
489
00:25:37,840 --> 00:25:40,756
Is his abnormality
treatable?
490
00:25:40,843 --> 00:25:43,542
Drugs can decrease
his sex drive.
491
00:25:43,629 --> 00:25:46,109
His arousal can
be reconditioned.
492
00:25:46,196 --> 00:25:49,199
But left untreated,
do you agree with
Mr. Darnell's therapist
493
00:25:49,286 --> 00:25:50,592
that he'll continue to rape?
494
00:25:50,679 --> 00:25:52,899
Yes. I have no doubt.
495
00:25:52,986 --> 00:25:54,204
Thank you.
496
00:25:56,467 --> 00:26:01,472
Dr. Olivet,
what's the characteristic
of my client's abnormality?
497
00:26:01,560 --> 00:26:03,300
He commits sex crimes.
498
00:26:03,387 --> 00:26:06,826
So he's abnormal
because he commits
crimes.
499
00:26:06,913 --> 00:26:09,132
Can't the same be said
of a thief or a mugger?
500
00:26:09,219 --> 00:26:13,006
I don't know of
any reported case
of compulsive mugging.
501
00:26:14,442 --> 00:26:16,357
The treatments
you mentioned,
502
00:26:16,444 --> 00:26:19,795
are they effective
in controlling my
client's abnormality?
503
00:26:19,882 --> 00:26:21,928
Yes, to varying degrees.
504
00:26:22,015 --> 00:26:24,060
In other words,
there's no meaningful,
505
00:26:24,147 --> 00:26:28,021
long-lasting treatment
for serial rapists, is there?
506
00:26:28,108 --> 00:26:29,631
No. There's no cure,
507
00:26:29,718 --> 00:26:32,329
and there's no guarantee
that he won't re-offend.
508
00:26:33,592 --> 00:26:34,810
Thank you.
509
00:26:34,897 --> 00:26:36,377
Before
they got divorced,
510
00:26:36,464 --> 00:26:39,685
my mom would take me
to visit him every month,
511
00:26:39,772 --> 00:26:42,035
and then later,
when I was older,
512
00:26:42,122 --> 00:26:44,907
I would go out by
myself on the train
every other week.
513
00:26:50,130 --> 00:26:53,960
I waited 18 years to
get my father back. Now,
he served his sentence,
514
00:26:54,047 --> 00:26:55,744
and I don't think
they should just be able
515
00:26:55,831 --> 00:26:58,617
to take him away again
for doing absolutely
nothing.
516
00:26:58,704 --> 00:27:02,055
Would you
describe your father as
loving and supportive?
517
00:27:02,142 --> 00:27:08,104
Yes. Yeah. He always
told me to stay in school
and to get good grades,
518
00:27:08,191 --> 00:27:11,847
and after my divorce
he encouraged me to
start my own business,
519
00:27:11,934 --> 00:27:14,633
and you should see
him with my kids.
520
00:27:14,720 --> 00:27:18,941
He plays with them
and he reads stories
to them.
521
00:27:19,028 --> 00:27:21,770
Do you feel they're
safe with him?Yes.
522
00:27:21,857 --> 00:27:25,295
Yeah, of course.
Look, my father is
a very gentle man.
523
00:27:26,557 --> 00:27:27,994
Thank you.
524
00:27:33,913 --> 00:27:38,091
Ms. Darnell,
did you know that
this "gentle man"
525
00:27:39,396 --> 00:27:45,315
kept violent,
sexually-explicit
magazines in his room?
526
00:27:45,402 --> 00:27:48,492
Those aren't real,
Mr. McCoy. Those
women are models.
527
00:27:48,579 --> 00:27:52,758
It's fantasies.
You can't lock people
up for their fantasies.
528
00:27:59,634 --> 00:28:02,202
I want you to
look at these photos.
529
00:28:04,595 --> 00:28:09,688
Those wounds aren't
fantasies. Those
women aren't models.
530
00:28:10,863 --> 00:28:12,299
Those are your
father's victims.
531
00:28:12,386 --> 00:28:14,388
Objection.
532
00:28:14,475 --> 00:28:18,697
Goes to
credibility, Your Honor.
I'll allow it. Go on.
533
00:28:21,656 --> 00:28:23,832
My father
didn't do this.
534
00:28:26,313 --> 00:28:30,273
He told his prison
therapist that he
raped them.
535
00:28:30,360 --> 00:28:32,362
He admitted his guilt
to the parole board.
536
00:28:32,449 --> 00:28:35,365
Because he had to,
or they would have
never let him out.
537
00:28:37,454 --> 00:28:38,804
Did he tell you
that he lied?
538
00:28:38,891 --> 00:28:40,109
No. He didn't
have to tell me.
539
00:28:40,196 --> 00:28:42,285
I just know he
never raped anybody.
540
00:28:42,372 --> 00:28:44,984
Then how do you
account for the evidence
used to convict him?
541
00:28:46,812 --> 00:28:48,857
I have read
where people get
convicted of rape,
542
00:28:48,944 --> 00:28:52,339
and then years later
they're found innocent.
543
00:28:52,426 --> 00:28:56,343
Experts make mistakes,
Mr. McCoy. Witnesses lie.
544
00:28:56,430 --> 00:28:59,738
Yes, Ms. Darnell,
and they can be deceived.
545
00:29:02,958 --> 00:29:08,224
The whole time in prison.
I conducted myself in
a responsible way.
546
00:29:08,311 --> 00:29:11,401
That's why I was
recommended for
early parole.
547
00:29:11,488 --> 00:29:13,229
While you were in prison,
548
00:29:13,316 --> 00:29:15,449
were you ever
hospitalized for
psychiatric reasons?
549
00:29:15,536 --> 00:29:18,191
No, sir.
Did you receive
any kind of counseling?
550
00:29:18,278 --> 00:29:20,933
I volunteered
for group therapy.
551
00:29:21,020 --> 00:29:24,066
To change my
attitudes toward women
552
00:29:24,153 --> 00:29:29,593
and to learn how
to express emotions
in constructive ways.
553
00:29:29,680 --> 00:29:32,161
Did you achieve
those goals?
Yes.
554
00:29:33,336 --> 00:29:39,038
Your Honor, I spent
18 years in prison
555
00:29:39,125 --> 00:29:43,259
because Mr. McCoy said
I had a debt to pay
to society.
556
00:29:45,131 --> 00:29:49,439
Well, I paid that debt.
I shouldn't have to
pay it again.
557
00:29:51,528 --> 00:29:53,269
No more questions.
558
00:29:57,099 --> 00:29:58,927
Mr. Darnell,
when was the last time
559
00:29:59,014 --> 00:30:01,800
you had consensual
sex with a woman?
560
00:30:03,149 --> 00:30:06,108
I don't know.
Oh, come on.
561
00:30:06,195 --> 00:30:10,199
You were released
from prison more
than two months ago.
562
00:30:10,286 --> 00:30:14,987
By your own admission,
you're now a healthy,
normal male.
563
00:30:17,511 --> 00:30:20,514
The opportunity
must've presented
itself.
564
00:30:22,342 --> 00:30:23,604
Yes, I had sex.
565
00:30:23,691 --> 00:30:25,954
Really? Who with?
566
00:30:27,347 --> 00:30:29,088
I don't know her name.
567
00:30:29,175 --> 00:30:31,220
Did she help
you act out your
rape fantasies?
568
00:30:31,307 --> 00:30:34,615
No, sir.
Did she charge extra
for the pillow case?
569
00:30:34,702 --> 00:30:36,573
Objection.
Withdrawn.
570
00:30:38,706 --> 00:30:42,362
Mr. Darnell, the truth
is, you haven't changed
at all, have you?
571
00:30:42,449 --> 00:30:44,451
No, I have changed.
How?
572
00:30:44,538 --> 00:30:47,106
You still have
fantasies about
rape, don't you?
573
00:30:47,193 --> 00:30:50,109
That's just in my head.
So,
574
00:30:50,196 --> 00:30:53,199
you think about
it constantly?
No, sir.
575
00:30:53,286 --> 00:30:55,897
But you still have
the urge to rape.
576
00:30:55,984 --> 00:30:58,247
I am not interested
in raping anyone!
577
00:30:59,335 --> 00:31:01,294
In prison, I learned
to control myself.
578
00:31:01,381 --> 00:31:04,906
In prison, there were
no women available,
were there?
579
00:31:04,993 --> 00:31:06,821
I'm controlling
myself out here, too.
580
00:31:06,908 --> 00:31:09,389
By sheer
force of will?
Yes.
581
00:31:09,476 --> 00:31:11,043
That works for you,
582
00:31:11,130 --> 00:31:13,872
despite all the medical
evidence to the contrary?
583
00:31:14,568 --> 00:31:16,526
Yes.
584
00:31:16,613 --> 00:31:22,010
Even though you
still are turned on
by depictions of rape?
585
00:31:22,097 --> 00:31:26,493
Yes.
Despite your
history of 13 rapes?
586
00:31:28,060 --> 00:31:29,975
Despite being
investigated
for the rape
587
00:31:30,062 --> 00:31:32,847
and murder of Teresa
Perez two weeks ago?
588
00:31:32,934 --> 00:31:35,023
I had nothing
to do with that.
589
00:31:35,110 --> 00:31:39,027
You're saying that
you can control yourself
for the rest of your life?
590
00:31:39,114 --> 00:31:40,811
That's what I'm saying.
You're lying.
591
00:31:40,899 --> 00:31:42,988
Objection.
592
00:31:43,075 --> 00:31:46,905
You lied to the parole
board, you lied to your
prison psychiatrist,
593
00:31:46,992 --> 00:31:48,602
you even lied to
your own daughter.
594
00:31:48,689 --> 00:31:50,517
Sustained, Mr. McCoy.
595
00:31:50,604 --> 00:31:53,824
You want me locked up
because of something
I might do.
596
00:31:53,912 --> 00:31:56,915
You can't do that!
It isn't right!
597
00:31:57,002 --> 00:32:00,309
You roaming the streets
isn't right, Mr. Darnell.
598
00:32:00,396 --> 00:32:01,920
Mr. McCoy!
599
00:32:03,356 --> 00:32:06,663
Withdrawn. I'm through
with this witness.
600
00:32:16,456 --> 00:32:20,199
Even if we grant
that Mr. Darnell
is a serial rapist
601
00:32:20,286 --> 00:32:22,549
and suffers from
a compulsion to rape,
602
00:32:22,636 --> 00:32:25,030
Mr. McCoy still has no
right to lock him up.
603
00:32:25,117 --> 00:32:27,771
I don't understand,
Mr. Granick.
604
00:32:27,858 --> 00:32:30,905
Mr. McCoy has
a medical justification,
605
00:32:30,992 --> 00:32:33,603
and he can prove
a continuing threat.
606
00:32:33,690 --> 00:32:36,519
Isn't that what
the mental hygiene
law envisions?
607
00:32:36,606 --> 00:32:40,784
The statute mandates
commitment for the
purpose of treatment
608
00:32:40,871 --> 00:32:44,005
with the expectation
of eventual release.
609
00:32:44,092 --> 00:32:45,702
The people's own
witnesses concede
610
00:32:45,789 --> 00:32:48,401
there is no cure
for serial rapists.
611
00:32:48,488 --> 00:32:52,405
Mr. McCoy is seeking
indefinite confinement
for my client.
612
00:32:52,492 --> 00:32:54,973
That's a gross violation
of the Eighth Amendment
prohibition
613
00:32:55,060 --> 00:32:56,365
against cruel and
unusual punishment.
614
00:32:56,452 --> 00:32:58,802
If he's dangerous
and incurable,
615
00:32:58,889 --> 00:33:00,239
all the more reason
to commit him.
616
00:33:00,326 --> 00:33:02,110
Commit him because
he can't be cured.
617
00:33:02,197 --> 00:33:04,765
He can't be cured,
so don't commit him.
618
00:33:04,852 --> 00:33:06,941
This is a catch-22,
gentlemen.
619
00:33:07,028 --> 00:33:09,726
It's Mr. McCoy
looking for a second bite
at the confinement apple.
620
00:33:09,813 --> 00:33:12,425
Mr. Darnell has already
served his time in prison.
621
00:33:12,512 --> 00:33:14,514
Your Honor,
the mental hygiene
law can be applied
622
00:33:14,601 --> 00:33:17,386
as broadly or as
narrowly as you see fit.
623
00:33:17,473 --> 00:33:21,477
We have a chance here
to take a serial rapist
off the street,
624
00:33:21,564 --> 00:33:25,438
to offer him some
measure of treatment,
and to protect society.
625
00:33:25,525 --> 00:33:27,831
Your Honor, if you
grant this application,
626
00:33:27,918 --> 00:33:30,008
it will not stop
at serial rapists.
627
00:33:30,095 --> 00:33:32,140
Anybody that
they can't convict
in criminal court,
628
00:33:32,227 --> 00:33:34,490
they'll ship off
to Bellevue.
629
00:33:34,577 --> 00:33:36,449
There's no slippery
slope here, Your Honor.
This is sui generis.
630
00:33:36,536 --> 00:33:40,018
Mr. Darnell
is an exceptional
and egregious case.
631
00:33:40,105 --> 00:33:41,541
JUDGE McLELLAN:
Thank you, Counselors.
632
00:33:41,628 --> 00:33:42,977
I'll certainly
consider your
arguments
633
00:33:43,064 --> 00:33:45,153
and render a decision
when we reconvene.
634
00:33:45,240 --> 00:33:47,677
Court will recess
until 3:00 this
afternoon.
635
00:33:51,333 --> 00:33:54,902
JUDGE McLELLAN: The Supreme
Court is presently considering
in Kansas v. Hendricks
636
00:33:54,989 --> 00:33:56,773
the very issues
that you raised.
637
00:33:56,860 --> 00:34:00,690
I'm loathe to precede
Mr. Rehnquist and
his brethren
638
00:34:00,777 --> 00:34:03,389
into uncharted territory.
639
00:34:03,476 --> 00:34:06,696
Mr. McCoy,
what you propose
is very tempting,
640
00:34:06,783 --> 00:34:09,351
but I suspect
very perilous.
641
00:34:09,438 --> 00:34:12,137
I'm going to deny
your application.
642
00:34:12,224 --> 00:34:14,748
Mr. Darnell is
ordered released
forthwith.
643
00:34:17,055 --> 00:34:20,058
No! No! No!
644
00:34:31,373 --> 00:34:33,897
We conducted
nearly 300 interviews,
645
00:34:33,984 --> 00:34:37,249
we showed his photo
to everyone in the
girl's neighborhood,
646
00:34:37,336 --> 00:34:41,514
we canvassed subway
stations, bus stops,
cab companies.
647
00:34:41,601 --> 00:34:43,733
The man blends in
like warm butter.
648
00:34:43,820 --> 00:34:47,607
I want follow-up
interviews. And keep
showing his photo.
649
00:34:47,694 --> 00:34:49,783
That's the plan.
650
00:34:49,870 --> 00:34:53,134
Forensics compared
every kind of fiber from
Darnell's work and home,
651
00:34:53,221 --> 00:34:57,312
from clothing to carpeting,
to what was found
at the Perez place.
652
00:34:57,399 --> 00:35:00,359
Nothing matched.
That's not good enough.
653
00:35:01,534 --> 00:35:02,970
I beg your pardon?
654
00:35:03,057 --> 00:35:05,190
You've had this
case for weeks.
655
00:35:05,277 --> 00:35:06,843
You haven't given me
a single piece
of evidence
656
00:35:06,930 --> 00:35:08,454
I can hang
an arrest warrant on.
657
00:35:08,541 --> 00:35:11,196
Mr. McCoy, when my
detectives get back
658
00:35:11,283 --> 00:35:13,067
from their
needlepoint classes,
659
00:35:13,154 --> 00:35:15,852
I'll put them on
the case. Anything else?
660
00:35:15,939 --> 00:35:20,379
Yes. Starting today,
I want round-the-clock
surveillance on Darnell.
661
00:35:24,426 --> 00:35:26,385
That was some
motivational speech.
662
00:35:26,472 --> 00:35:29,910
Soon as we convict Darnell,
I'll send her flowers.
663
00:35:29,997 --> 00:35:33,348
Open the case
before the grand jury
and let's get them busy.
664
00:35:33,435 --> 00:35:35,655
Doing what?
665
00:35:35,742 --> 00:35:38,919
Start by subpoenaing everyone
Darnell's talked to
in the last six weeks.
666
00:35:39,006 --> 00:35:41,400
And I want a summary
of the Sex Offender
Registration Act
667
00:35:41,487 --> 00:35:43,010
on my desk by
tomorrow morning.
668
00:35:43,097 --> 00:35:45,055
Megan's Law?
669
00:35:45,143 --> 00:35:47,493
I'm gonna give Darnell
something to think
about besides rape.
670
00:35:47,580 --> 00:35:50,800
By the time I'm through,
he'll run back to Sing Sing.
671
00:35:50,887 --> 00:35:53,325
We've got a warrant
to search Mr. Darnell's
locker.
672
00:35:53,412 --> 00:35:55,457
Again?
We're still looking
for a penknife.
673
00:35:55,544 --> 00:35:57,764
You mind showing
these officers the way?
674
00:35:57,851 --> 00:36:00,070
The warrant's also good
to search your work area,
675
00:36:00,158 --> 00:36:04,292
which pretty much
covers the entire place.
Start right here.
676
00:36:04,379 --> 00:36:09,036
Okay! Everybody gather
around for mail call.
677
00:36:09,123 --> 00:36:12,648
Do we have a
Christopher White here?
Right here.
678
00:36:12,735 --> 00:36:15,260
Here you go.
It's an invitation
from the grand jury.
679
00:36:15,347 --> 00:36:20,090
They want to talk to you
about your friendly
neighborhood serial rapist.
680
00:36:20,178 --> 00:36:21,918
Neal Dawson?
Yeah, that's me.
681
00:36:22,005 --> 00:36:26,662
Neal. Anybody who
doesn't show up gets
cited for contempt.
682
00:36:26,749 --> 00:36:30,231
I'm sure you'll all want
to thank your friend
Lewis in a big way.
683
00:36:30,318 --> 00:36:32,973
Rob McAllister?
684
00:36:33,060 --> 00:36:35,541
We're finished
with the search.
Sorry for the bother.
685
00:36:35,628 --> 00:36:38,108
What about this?
You're dragging my
neighbors into court.
686
00:36:38,196 --> 00:36:40,285
It's not court,
it's the grand jury.
687
00:36:40,372 --> 00:36:42,200
Yeah, well, I don't give
a damn what you call it.
This is harassment.
688
00:36:42,287 --> 00:36:44,550
We're conducting
a lawful investigation.
689
00:36:44,637 --> 00:36:46,334
You live with
a rapist and
a murderer,
690
00:36:46,421 --> 00:36:48,423
you have to put up
with a few minor
inconveniences.
691
00:36:48,510 --> 00:36:50,773
This might be lawful
in Peking or in Havana,
692
00:36:50,860 --> 00:36:52,645
but we're talking about
New York City here!
693
00:36:52,732 --> 00:36:56,518
Look. Look at this!
Look at this crap!
694
00:36:56,605 --> 00:36:59,042
You've got our phone number
and our address on here!
695
00:36:59,129 --> 00:37:01,044
You have no right
to do this!
696
00:37:01,131 --> 00:37:03,003
That didn't come
from the department
or the D.A.'s office.
697
00:37:03,090 --> 00:37:04,874
Yeah? Whoever did this
got the information
from somewhere.
698
00:37:04,961 --> 00:37:07,964
Hey, Megan's Law
says we have to
inform local agencies
699
00:37:08,051 --> 00:37:10,445
that there's a sex
offender living in
their area.
700
00:37:10,532 --> 00:37:13,840
You got a problem
with that, call
Governor Pataki.
701
00:37:25,373 --> 00:37:31,771
Hey, Lewis! Look at you.
Twenty-five blocks
and hardly a drop of sweat.
702
00:37:31,858 --> 00:37:33,251
I guess all that
walking around the yard
703
00:37:33,338 --> 00:37:35,731
in Sing Sing
really paid off, huh?
704
00:37:35,818 --> 00:37:38,473
So, what's the matter? Your
local bodega ran out of your
favorite breakfast drink?
705
00:37:38,560 --> 00:37:42,434
Hey, Rey, look what
I found on the floor.
706
00:37:42,521 --> 00:37:43,826
Must have fallen
off the board.
707
00:37:45,480 --> 00:37:48,657
You know,
that's a really
good likeness, Lewis.
708
00:37:54,141 --> 00:37:55,577
He was
hounded from his job.
709
00:37:55,664 --> 00:37:57,753
He hasn't been
able to find
a new employer.
710
00:37:57,840 --> 00:37:59,494
His face has been
plastered all over
the West Side.
711
00:37:59,581 --> 00:38:01,627
He's a virtual pariah
in his neighborhood.
712
00:38:01,714 --> 00:38:04,412
He has no choice
but to apply for
a change of residence.
713
00:38:04,499 --> 00:38:06,588
Who do you know
in Binghamton, Lewis?
714
00:38:06,675 --> 00:38:08,764
A cousin.
715
00:38:08,851 --> 00:38:12,986
He owns a pizzeria.
He said he can give me
a job making deliveries.
716
00:38:13,073 --> 00:38:18,513
Mr. Munro, I notified
the Broome County
District Attorney's office.
717
00:38:18,600 --> 00:38:21,603
He plans to oppose
his relocation.
718
00:38:21,690 --> 00:38:24,084
Lewis, is there anywhere
else in New York State?
719
00:38:24,171 --> 00:38:27,653
We sent notifications
to every county in the state.
No one wants him.
720
00:38:27,740 --> 00:38:31,439
Mr. Darnell's been in
contact with a relative
outside Akron.
721
00:38:31,526 --> 00:38:35,530
Yes. George Radford
in Greensburg.
722
00:38:35,617 --> 00:38:39,969
The Summit County D.A.
doesn't want Mr. Darnell
in his jurisdiction, either.
723
00:38:40,056 --> 00:38:41,928
How did you know
about Radford?
724
00:38:42,015 --> 00:38:44,496
We have a court-approved
wiretap on your
client's phone.
725
00:38:44,583 --> 00:38:49,109
Now, if Mr. Darnell
finds life in New York
so intolerable,
726
00:38:49,196 --> 00:38:51,938
he can live on the grounds
of the Camp Gabriel's
work farm.
727
00:38:52,025 --> 00:38:53,635
I'm not going
back to prison.
728
00:38:53,722 --> 00:38:56,986
You wouldn't be an inmate.
You'd be on work release.
729
00:38:57,073 --> 00:39:00,947
Work where?
It's in the middle
of the damn woods.
730
00:39:01,034 --> 00:39:02,209
Screw your work release.
731
00:39:02,296 --> 00:39:04,298
Knock it off, Lewis.
732
00:39:04,385 --> 00:39:07,170
Mr. Granick,
my hands are
tied here.
733
00:39:07,257 --> 00:39:09,608
Until Lewis comes up
with a community
willing to take him,
734
00:39:09,695 --> 00:39:11,610
I have to deny his request.
735
00:39:17,355 --> 00:39:19,879
You son of a bitch!
736
00:39:19,966 --> 00:39:22,577
I'm warning you.
You better step off,
you understand?
737
00:39:22,664 --> 00:39:24,797
You leave me
the hell alone!
738
00:39:24,884 --> 00:39:28,670
There's only three ways
that's gonna happen,
Mr. Darnell.
739
00:39:28,757 --> 00:39:33,632
Either you'll kill me,
kill yourself or go
back to prison.
740
00:39:38,245 --> 00:39:41,857
Here's one from
the director of the
division of parole.
741
00:39:41,944 --> 00:39:46,122
You're interfering with
the proper administration
of their field services.
742
00:39:46,209 --> 00:39:49,169
It was their brilliant
idea to grant him parole
in the first place.
743
00:39:49,256 --> 00:39:52,172
Save your witticisms
for the police
commissioner.
744
00:39:52,259 --> 00:39:56,872
His office thinks that
your little operation
is costing too much overtime.
745
00:39:56,959 --> 00:40:00,789
I'm prosecuting a murder.
I'm not looking to save
pennies.
746
00:40:00,876 --> 00:40:03,488
By the way,
how is that
case going?
747
00:40:03,575 --> 00:40:05,577
He hasn't led
his police escort
748
00:40:05,664 --> 00:40:08,014
to a secret
stash of evidence?
749
00:40:08,101 --> 00:40:09,276
I'm stunned.
750
00:40:09,363 --> 00:40:11,278
What am I supposed
to do, Adam?
751
00:40:11,365 --> 00:40:14,629
Darnell won't oblige
me with a confession.
752
00:40:14,716 --> 00:40:17,589
I need to tell these
people what you're doing
753
00:40:17,676 --> 00:40:19,547
serves some
legitimate purpose.
754
00:40:19,634 --> 00:40:22,376
I'm pushing hard
to break a suspect.
Is that good enough?
755
00:40:25,031 --> 00:40:27,163
Darnell isn't going
back to prison quietly.
756
00:40:27,250 --> 00:40:29,862
He got the Southern
District Court to issue
a restraining order.
757
00:40:29,949 --> 00:40:32,430
How bad is it?
He's putting us
out of business.
758
00:40:32,517 --> 00:40:34,388
And he's got the
A.C.L.U. on board.
759
00:40:34,475 --> 00:40:36,172
A.C... Oh, boy.
760
00:40:40,394 --> 00:40:45,660
Forty-seven subpoenas,
six search warrants,
three wiretap warrants,
761
00:40:45,747 --> 00:40:48,184
24-hour surveillance.
It's abusive.
762
00:40:48,271 --> 00:40:49,534
It's entirely
within the scope
763
00:40:49,621 --> 00:40:52,406
of my prosecutorial
authority.
764
00:40:52,493 --> 00:40:53,929
Your Honor,
an independent magistrate
765
00:40:54,016 --> 00:40:55,670
signed off on each
and every warrant.
766
00:40:55,757 --> 00:40:58,325
The Gambinos never got
this kind of attention,
Your Honor.
767
00:40:58,412 --> 00:41:00,588
Mr. McCoy, is there
a realistic hope
768
00:41:00,675 --> 00:41:02,677
of uncovering
relevant evidence here?
769
00:41:02,764 --> 00:41:05,724
We're looking for
the knife used in
the crime,
770
00:41:05,811 --> 00:41:07,900
the clothes worn
by Mr. Darnell,
771
00:41:07,987 --> 00:41:10,119
and any person
he might've spoken
to about the crime.
772
00:41:10,206 --> 00:41:12,078
Some of these
witnesses have been called
773
00:41:12,165 --> 00:41:14,602
before the grand
jury four times.
774
00:41:14,689 --> 00:41:16,778
Mr. Darnell's home
and workplace have been
775
00:41:16,865 --> 00:41:18,388
searched on three
separate occasions.
776
00:41:18,476 --> 00:41:20,173
When does this stop?
777
00:41:20,260 --> 00:41:22,001
When I'm satisfied
all leads have
been exhausted.
778
00:41:22,088 --> 00:41:25,613
I don't take a lot
of comfort from that,
Mr. McCoy,
779
00:41:25,700 --> 00:41:27,746
but Mr. Granick,
I don't see where
your client's
780
00:41:27,833 --> 00:41:29,748
civil rights
have been violated,
781
00:41:29,835 --> 00:41:31,924
no matter what
the A.C.L.U. may
have told you.
782
00:41:32,011 --> 00:41:34,970
With due respect,
Your Honor, you're
missing the big picture.
783
00:41:35,057 --> 00:41:37,407
Now Mr. Darnell's name,
address and prison record
784
00:41:37,495 --> 00:41:39,192
have been distributed
throughout his neighborhood
785
00:41:39,279 --> 00:41:41,934
and made available
on a 900 number.
786
00:41:42,021 --> 00:41:43,936
Now, the neighborhood
watch, school boards,
women's groups
787
00:41:44,023 --> 00:41:45,807
have all been
notified of the same...
788
00:41:45,894 --> 00:41:48,506
All of which is required
under the Sex Offender
Registration Act.
789
00:41:48,593 --> 00:41:50,595
It's a high-tech
scarlet letter.
790
00:41:50,682 --> 00:41:52,771
Now, the state
punished Mr. Darnell once.
791
00:41:52,858 --> 00:41:54,990
It shouldn't have the right
to punish him again
for the same crimes.
792
00:41:55,077 --> 00:41:58,211
This is not punishment.
It's fair warning
to his neighbors.
793
00:41:58,298 --> 00:42:02,824
Mr. McCoy, my legal sense
tells me you're treading
pretty close
794
00:42:02,911 --> 00:42:05,305
to an injudicious use
of prosecutorial power.
795
00:42:05,392 --> 00:42:08,830
I'm simply using
the tools the state has
made available to me.
796
00:42:08,917 --> 00:42:13,661
Yes, you are. And I'm
gonna be watching you
very carefully.
797
00:42:13,748 --> 00:42:15,837
Mr. Granick,
the restraining
order is lifted
798
00:42:15,924 --> 00:42:19,188
and your application
for an injunction
is denied.
799
00:42:20,146 --> 00:42:22,061
Step lightly, Mr. McCoy.
800
00:42:24,324 --> 00:42:28,589
"9:00 a.m. Subject exited
premises to purchase
a newspaper.
801
00:42:28,676 --> 00:42:32,375
"2:26 p.m. Subject exited
premises for cigarettes.
802
00:42:32,462 --> 00:42:36,423
"2:29 p.m. Subject
looked in the direction
of the surveillance car
803
00:42:36,510 --> 00:42:38,686
"and made an
obscene gesture."
804
00:42:38,773 --> 00:42:41,167
At least he's keeping
his sense of humor.
805
00:42:41,254 --> 00:42:43,125
Somebody isn't.
806
00:42:43,212 --> 00:42:45,954
About once a day
his daughter comes
by to spit on the car.
807
00:42:46,041 --> 00:42:48,348
I'm sorry she's caught
in the middle of this.
808
00:42:48,435 --> 00:42:50,611
Counselor, this
turning of the screws,
809
00:42:50,698 --> 00:42:52,613
is this an
open-ended arrangement?
810
00:42:52,700 --> 00:42:54,920
That's up to
Mr. Darnell.
811
00:42:56,051 --> 00:42:58,663
The girl told her mother
just a few days ago.
812
00:42:58,750 --> 00:43:00,012
Why did she
wait so long?
813
00:43:00,099 --> 00:43:01,491
She didn't want
her mother to know
814
00:43:01,579 --> 00:43:03,319
she'd ditched
school that day,
815
00:43:03,406 --> 00:43:05,670
but when she saw
the posters, she
recognized Darnell,
816
00:43:05,757 --> 00:43:07,846
decided to do
the right thing.
817
00:43:11,240 --> 00:43:15,375
Ms. Ross is from the
district attorney's office.
818
00:43:15,462 --> 00:43:17,899
Why don't you tell
her what happened?
819
00:43:17,986 --> 00:43:20,423
It was last month.
Natalie was home
from school.
820
00:43:20,510 --> 00:43:23,426
She was in the kitchen.
She heard noises
at the front door.
821
00:43:23,513 --> 00:43:25,385
Natalie, tell her.
822
00:43:25,472 --> 00:43:28,910
Someone was
jiggling the lock.
823
00:43:28,997 --> 00:43:31,521
I saw it was that
man through the hole.
824
00:43:31,609 --> 00:43:36,091
He said that
the super wanted him
to check the radiators.
825
00:43:36,178 --> 00:43:39,834
He kept asking
her to open the door.
Tell them what you said.
826
00:43:39,921 --> 00:43:41,619
I told him that if
he didn't go away,
827
00:43:41,706 --> 00:43:46,014
I'd call the cops.
That scared him off.
828
00:43:46,101 --> 00:43:49,888
It's that man. He's
sick. You gotta put
him back in jail.
829
00:43:50,932 --> 00:43:53,543
Thank you.
830
00:43:53,631 --> 00:43:57,417
At the very least,
it's attempted trespass.
We can violate Darnell.
831
00:43:57,504 --> 00:44:00,289
And we can have this
girl arrested for
impersonating a witness.
832
00:44:00,376 --> 00:44:02,291
She might as well
have been reading
off a teleprompter.
833
00:44:02,378 --> 00:44:05,120
Hey, look,
McCoy's been pushing
us hard for a break.
834
00:44:05,207 --> 00:44:07,122
This one just walked in.
835
00:44:07,209 --> 00:44:10,604
If he wants to look
behind the curtain,
that's up to him.
836
00:44:10,691 --> 00:44:14,086
Check out her story
and get back to me.
837
00:44:14,173 --> 00:44:16,131
The school had
a note on file from
the girl's mother
838
00:44:16,218 --> 00:44:18,438
for the same day
the girl claims
she ditched school.
839
00:44:18,525 --> 00:44:20,614
It was for
a dentist's appointment
she had during lunch.
840
00:44:20,701 --> 00:44:22,094
That note's
probably a fake.
841
00:44:22,181 --> 00:44:23,965
The school verified
the mother's signature.
842
00:44:24,052 --> 00:44:25,532
What does
the dentist say?
843
00:44:25,619 --> 00:44:27,795
He confirmed there was
an appointment that day.
844
00:44:27,882 --> 00:44:30,015
So the girl went
home instead of
the dentist's.
845
00:44:30,102 --> 00:44:32,582
They seem to remember
she had her cavities filled.
846
00:44:32,670 --> 00:44:33,758
"Seem to remember."
847
00:44:33,845 --> 00:44:35,760
What does the girl say?
848
00:44:35,847 --> 00:44:37,022
She and her mother
swear they changed
the appointment,
849
00:44:37,109 --> 00:44:39,198
but I think
it's a non-starter.
850
00:44:39,285 --> 00:44:42,592
Well, if this lie
doesn't get Mr. Darnell
out of the neighborhood,
851
00:44:42,680 --> 00:44:44,333
try a lynch mob.
852
00:44:44,420 --> 00:44:46,031
If there's evidence
they're lying,
853
00:44:46,118 --> 00:44:48,598
it's up to Darnell's lawyer
to present it to a jury.
854
00:44:48,686 --> 00:44:50,470
You want to
arrest him?
855
00:44:50,557 --> 00:44:52,777
You'll do nothing
of the kind.
856
00:44:52,864 --> 00:44:55,214
The girl's story is
credible on its face.
My evidentiary burden is met.
857
00:44:55,301 --> 00:44:58,826
I don't care.
You can thumb your
nose at a federal judge,
858
00:44:58,913 --> 00:45:00,567
but I won't let
you drag the law
859
00:45:00,654 --> 00:45:02,264
through a sewer
to catch a rat.
860
00:45:02,351 --> 00:45:05,137
It's not worth it.
To put him
back in his box?
861
00:45:05,224 --> 00:45:07,879
We arrest him now,
it'll be six months
before a jury sorts it out.
862
00:45:07,966 --> 00:45:12,057
Stop. Listen to
what you're suggesting.
863
00:45:12,144 --> 00:45:17,279
An arrest you know is false.
The inquisition is over.
864
00:45:24,199 --> 00:45:27,681
I'm sorry, Jack.
I should've kept
my mouth shut.
865
00:45:28,421 --> 00:45:30,423
It's okay. He's right.
866
00:45:30,510 --> 00:45:34,732
Mr. McCoy, Detective
Briscoe's on line one.
He said it's urgent.
867
00:45:38,605 --> 00:45:39,998
She was on her way
to her apartment
868
00:45:40,085 --> 00:45:41,434
when she saw
the door was open.
869
00:45:41,521 --> 00:45:44,045
She heard noises inside,
so she came in.
870
00:45:44,132 --> 00:45:46,744
The baseball bat was
in the umbrella stand.
871
00:45:49,703 --> 00:45:53,838
He was on top of her
friend. He had a knife
to her throat,
872
00:45:53,925 --> 00:45:56,014
and that bag over her face.
873
00:45:56,101 --> 00:45:58,668
She took two
major-league swings.
874
00:45:58,756 --> 00:46:01,106
One to the right temple,
one to the forehead.
875
00:46:01,759 --> 00:46:03,673
Her friend's in there.
876
00:46:03,761 --> 00:46:07,155
She's got trauma from
the rape and the
partial suffocation.
877
00:46:07,242 --> 00:46:09,418
E.M.S. says she'll be
all right, considering.
878
00:46:09,505 --> 00:46:12,682
I guess the pressure got
to Darnell. He had no
place else to go.
879
00:46:12,770 --> 00:46:14,859
Where is she?
In here.
880
00:46:36,489 --> 00:46:38,839
We'll get her statement
back at the squad room.
881
00:46:38,926 --> 00:46:41,929
Make it painless,
and get her back home.
882
00:46:43,670 --> 00:46:46,325
I'm sorry it had
to happen this way.
883
00:46:46,412 --> 00:46:47,456
Not all that sorry.
73893
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