All language subtitles for Law.and.Order.S14E19.Nowhere.Man.1080p.AMZN.WEB-DL.DDP5.1.H.264-playWEB_track3_[eng]

the people are represented
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.

Hi, darling. I'm in the park

near that memorial thing
for Lennon...

Not the communist,

the Beatle.

Yes, the West Side... slumming.

Of course, the caterer
will be there.

He's devoted to me...

Hold on.

Oh, my God,
let me call you back.

I have to call 911.

14 stab wounds, count 'em.

How many of them were fatal?

At least three,
maybe four.

For a watch
and a wallet.

You got a time
of death, Doc?

Mmm, given lividity,
body temp and rigor,

add an hour or two
for the low temps last night...

2:00 A.M., give or take.

Detectives...

Dead guy's
sporting tin.

He's not a civilian.

A cop?

"Assistant District Attorney Daniel
Tenofsky

New York County."

I'll call the lieutenant.

He's with
the Appeals Bureau.

Looks like he lost
his last argument.

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GET THE FEELING.

igatig
Mr. Tenofsky's brutal murder

with all the resources
at its disposal.

Let me make one thing
perfectly clear

to the perpetrators
of this awful deed--

this city will not permit
an officer of the court

to be brought down
in this manner

without swift
and sure retribution.

We can and we will

exact the full measure
of punishment under the law

for the killer or killers
of Daniel Tenofsky.

Tenofsky's Bureau Chief
and Deputy

are going to pull
all of his cases,

and see if there's
a connection.

20 years in the Office,

he had to send a lot
of people to prison.

Dan was very well-respected,
Anita,

and a close colleague
of McCoy's.

Message received.

Tell him that Briscoe and Green
are on it 24/7.

We can let you have

a dozen
investigators from the office--

volunteers,
no cost to the P.D.

Well, if we need your help,
I'll call.

Ms. Southerlyn.

Detective.

Counselor.
Ed.

McCoy wants
to be briefed

every morning
and evening.

Okay.

I hear McCoy's on the warpath.

Let's say the drums are beating
loud and clear.

What did the M.E. have to say?

The M.E. on the scene
was a hair off--

16 puncture wounds.

And a .38 caliber bullet.

They shot him, too?

First.

Close up to the heart.

Tenofsky was dead
before he hit the ground.

D.A.s tend to make a lot
of enemies in the real world.

Somebody sure took it personally.

Well, Tenofsky signed out
of the Appeals Bureau

at 7:45 p.m. sharp,
like always,

told his secretary

he was heading home
to edit a brief.

All work and no play.

Home is Garfield Place.

It's Park Slope,

Brooklyn.

Six hours later,
he's killed in Central Park.

So let's start

with his apartment.

See if he made it home
that night.

Cozy.

Well, we know
he made it home.

Question is, he orders
a little Chinese,

he's right in the middle
of work,

why does he go out again?

And why does he end up
in Central Park

at 2:00 in the morning?

I'd say we should look through
his personal effects,

but first he'd have
to have some.

Filofax is personal.

Let's see-- landlord,
computer tech support,

plumber, painter...

Indian Chief...

No family, no friends?

"Appeals Bureau D.A.s--"

In order of seniority.

Tenofsky had less of a personal
life than my first wife.

Opera News,
Sea Kayaker Quarterly...

No letters,
no postcards.

We should check his e-mails.

What do you want to bet
it's all spam?

I'm impressed that
you know what that is.

I used to think
it was lunch meat.

Hey.

You have one new message.

This is Penny from Vidiots.

Just wanted to let you know

the director's cut of Repo Man
came in.

We'll hold it till Thursday.

End of final message.

So much for a personal life.

Repo Man?

Yeah, that's a classic, man.

No, The Wild Bunch--
that's a classic.

Well, the machine
says one message,

but the handset has two calls
that came in last night.

Yeah, the video store.

That was 7:20,

before he got home.

The other one comes in at 11:15
and he answered it.

It's four minutes long.

Maybe that's the one

that dragged him back out
into the cold, cruel world.

Bruno's Pizza?

No, man, we'll actually pick up.

Can you tell us
where you're located?

No, no Bruno.

Just me, Alec.

Bought the place five years ago.

Times change.

So, Mr. LeMaine, you're positive you don't
recognize this man?

Should I?

We're not sure. Did you notice

anybody using your phone
a little bit after 11:00?

After 11:00?

No way.

We close at 10:00.

Everybody's gone by 10:30.

The place is locked up tight.

We're going to need
a list of all your employees,

with social security
and home phone numbers.

What about the list of names from
the pizzeria?

No pops from Tenofsky's cases.

Maybe it was personal,
not professional.

Personal, how?

His apartment isn't exactly
a gold mine of information.

I didn't even know
Dan's middle name

until I pulled
his personnel file.

Oh, we're going to want
to check with his next-of-kin.

His attorney's
still looking.

So, no next of kin?

Tenofsky was a lifer.

Joined the office right out of Brooklyn
Law School.

Started in
Trial Bureau 40

where he was considered
a rising star.

The next Jack McCoy.

McCoy must have
thought so, too.

He tapped Tenofsky
to second-chair him

on the Hiltbrand trial.

The serial killer.

Ten years ago,

Schiff was set
to elevate Tenofsky

to Bureau Chief
of Trial Bureau 90.

Then out of the blue he put in
for a transfer to Appeals.

From Chief
to a line Appeals Assistant?

All due respect,
but that's a big step down.

What happened, trial work
get to be too much stress?

Tenofsky said he just wanted
to try something new.

How'd he work out in Appeals?

Dan was a beautiful writer.

He was good on his feet.

I made him Senior Appellate
Counsel within a year.

So, everybody was happy.

He didn't have a family,

he didn't give a damn
about his case load, holidays...

A man for all seasons.

So, who should we talk to?

Dan had an office mate,
junior A.D.A. named Susan Yee.

20 years on the job,

and he's bunking with a kid
just out of law school?

Tenofsky didn't seem to mind.

Tell you the truth,
I think he liked the company.

Brooklyn Law School,
magna cum laude.

Admitted Southern District,

US Court of Appeals,
Second Circuit.

Mr. Tenofsky was one of the
brightest men I've ever met.

How long did you two
share an office?

Four years.

And you still call him
Mr. Tenofsky?

He called me Ms. Yee.

I called him
Mr. Tenofsky.

He wasn't exactly...
outgoing.

Four years in the same room.

You guys ever go out--
movies, dinner or anything?

Mr. Tenofsky was a lot older.

And besides, I like
conversations with a guy

to go past,
"Cold enough for you?"

or "How 'bout
those Mets?"

Can you tell us anything else
about him?

He took
his coffee black

and was a stickler
for blue book form.

That's it?

Sorry.

The more we learn about
Tenofsky, the less we know.

We're fresh out of ideas.

If can give us anything...

I heard that he dated an
Assistant in Frauds,

but that would've
been years ago.

We went to the movies
a couple of times.

He liked sci-fi.

Two or three nice dinners.

He took me to the Met
to see Aida,

the Zefferelli production?

I missed
that one.

It was amazing.

Sounds like things were
going along swimmingly.

So, after the
fat lady sang...?

Nothing.

As in...?

As in, just when it was about
to get serious--

for me, anyway--
he never calls again.

But even when we were dating,

it was almost like Dan was MIA,
you know?

The nowhere man.

He hardly ever talked
about his family,

what he was feeling,
anything except work.

I got the sense there was plenty
going on inside,

but he wasn't sharing it--
at least not with me.

Well, from what
we hear,

he wasn't sharing it
with anybody.

Oh, God, how'd
his brother take it?

That's the first we've heard he had a
brother.

We'll need his name.

I'm not sure
he mentioned it.

Lives in Arizona, I think.

Dan used to meet him out there.

They'd go to a swap meet
every spring.

Quartzite, Arizona?

I got phone records from 1990

in reverse
chronological order.

Only thing I have left

from the '90s
are a couple of wide ties.

If Tenofsky had a brother,
I can't find any sign of him.

You know, he never really made
the moves

on that A.D.A. Estrada.

Or Susie Yee either.

What, you think he was gay?

I think both ladies
are muy caliente.

Well, straight
or gay,

my motto is, "don't know, don't care."

Unless it got him killed.

This guy saved
the renewal notices

from his magazine subscriptions.

Ticket stub for a flight

from Phoenix
to Quartzite, Arizona.

Anything about the brother?

No, hotel receipt,
single room.

Well, here's a brochure
for that swap meet.

It's five years ago.

Ticket stub's that old, too.

Hey, when did you say Tenofsky
graduated Brooklyn Law?

The diploma in his office said 1980.

So that would've meant
he'd have been in Brooklyn

from '77 on?

Yeah. Brooklyn Law school
is three years if you go days,

four years if you go nights.

I thought about it,

a while back.

You'd have made
a helluva shyster.

Bite your tongue.

So, what's
the sudden interest

in Tenofsky's domicile
20 years ago?

Well, this dude
saved everything,

including
rent receipts.

Yeah, he was a little obsessive.

Well, according
to these receipts,

he lived in Phoenix
in '78 and '79--

while attending law school
in Brooklyn.

That's a hell of a commute.

day student, third section,
enrolled 1977.-

So, Tenofsky
was in New York.

Well, he had a "Y"
on the end of his name,

this one has an I-E.

First semester grades... eh.

Second semester,
class rank 302 of 315...

Talk about your underachiever.

He must've burned a
barrel of midnight oil

the second and
third years, right?

No.

Well, how the hell did
he graduate with honors?

He didn't,
with or without honors.

See for yourself.
He withdrew, 1978.

When the going gets tough, the
tough drop out.

So, who was the guy behind the desk in the
appeals bureau?

You got a photo of him
in there?

I'd have to go down
to the records room for that.

It'll take a while.

We'll wait.

Yeah, that's me in law school.

Whoa, look at that hairline.

I got a lot more forehead now.

Him, I don't recognize.

Who'd want to
impersonate me, anyway?

We were hoping
you could tell us.

Mike, bring that basket up ASAP.
They're waiting on you.

Well, I wanted to be a lawyer,

but, man, Civil Pro,
I didn't have a clue.

Things usually work out
for the best, huh?

I guess.

Well, sorry I can't help you.

Well, look, around the time
that you were in law school,

somebody got hold of
your social security number

and your date of birth.

20 years ago...

Managed a bakery, drove a cab,
even did a stint

as a CPA.
Exciting.

Never had any trouble
with my credit

or anything like that.

You hear a lot about this
identity theft stuff, but...

Do you belong to any
professional associations,

maybe somebody got ahold
of your personal information?

I enrolled in a correspondence
school for accounting.

I don't even know if it
exists anymore.

Southwestern Arizona Academy.

Phoenix, Arizona?

You've heard of it?

The Bar Association
is trying to figure out

how our Daniel Tenofsky
got his credentials

which they're assuming
were bogus.

Good guess.

I got to tell you, Anita,
I'm mystified.

I worked with Dan
before he went over to Appeals.

We tried a lot of cases
together.

He was a first-rate attorney
with a first-rate mind.

His social security number
is fake, too.

Whatever reason, it never
triggered any alarms.

So who did I eulogize
last night?

You know who was
at the memorial?

D.A.s and ex-D.A.s
and their spouses,

maybe a dozen cops.

I knew every person

in that room.

Dan had no other friends
there, and no family.

No one from outside.

Prints came up empty,

but the Arizona authorities
are confident something'll pop.

How did this guy get a job
in the D.A.'s office

in the first place?

We're trying
to find out.

Tenofsky or whoever he was
tried dozens of cases,

and argued appeals in every court from
here to Albany.

Every one
of those cases

has to be reviewed, parties
advised, judges notified...

Any of his cases at risk?

Not at all.

Like I said,
his work was impeccable.

Thank God, because the chief
judge of the Appellate Division

has already called Mr. Branch

four times
this morning.

If I get anything
from Arizona...

I'd appreciate it.

Phoenix PD just faxed this over.

Tenofsky's real name
was Jacob Deiter.

Born Sedona, Arizona 1958.

University of Phoenix pre-law.

B.S. economics, summa cum laude,
Phi Beta Kappa.

Took the LSAT's
upper fifth percentile

and never applied
to law school.

Why, I can't imagine;
Dan obviously had the chops.

He worked as a paralegal,

then after that
at a software company.

After that
it was a series

of dead-end jobs,

wound up at a correspondence
college in Phoenix.

Where he crossed paths
with the genuine Tenofskie.

When the New York
Tenofskie enrolled

at the Arizona school,
his life became an open book

to anyone with access
to its records.

Deiter glommed Tenofskie's
social security numbers,

date of birth...
he changed "IE" to "Y"

to escape easy detection
and faked the rest.

Nobody checked his bona fides?

Apparently not.

He was a brilliant attorney,
Arthur.

There was never any reason
to doubt his background.

Have we found anything yet
that's relevant to his murder?

Not yet.

Well, in that case,
I'd be delighted to ponder

the psychological enigma
that was Jacob Deiter,

but I've got to double-time it
up to the Appellate Division.

Midonas?

Chief Judge Leonidas Midonas.

I'd as soon fess up
to cheating on my taxes

as to hand him a shaggy dog
story like this.

Tenofsky was appointed
by Mr. Schiff.

Doesn't matter
whose watch it was on,

still reflects badly
on this office.

But Dan's work doesn't.

I never met Jacob Deiter,
I only knew Dan Tenofsky.

And I'm telling you,
we lost a good D.A.

Word gets out, every Legal
Aid lawyer

from here to Harlem
will be filing appeals

for jailbirds we all
know are guilty as sin.

Well aware of that.

But for what it's worth,
McCoy assures me that Tenofsky's

convictions
are unassailable.

And just how does
he know that?

He's tried a good number
of cases with Tenofsky.

You remember how it is.

You get to know a man
in the trenches under fire.

You get to know
what makes him tick.

Mr. McCoy doesn't seem to have
known Mr. Tenofsky at all.

I'm not taking
any chances.

My clerks'll pore over

25 of Tenofsky's appeals.

I thought it was 50 cases
he argued before your bench.

Since Mr. McCoy vouches
for Mr. Tenofsky's legal acumen,

he and Ms. Southerlyn
can comb through the other half.

They'll be delighted to help.

I imagine you'll be giving
his trial matters

the once-over as well.

People v. Littman.

Conviction, June 8, 1996;
appealed, October 1997;

affirmed per curiam
opinion, January 1998.

I'm not surprised.

All his appeals
look rock solid.

I'm going to jump back
to Tenofsky's trial folders.

Okay.

Well, this one looks
enticingly light.

People v. Tortomassi, et al.

Franco Tortomassi?

Who is he?

He's the underboss
of the Masucci crime family.

When did the office
indict him?

It didn't.

But it looks like ten years ago,
Tenofsky came close.

Listen to this:
a New York Ledger employee,

Robert Parenti, disappeared--
body was never found.

The mob kidnapped a reporter?

Mm-mm. Mr. Parenti worked
on the Ledger loading dock.

And Tenofsky
caught this case how?

It doesn't say.

It started out like gang-busters

when he saw it might lead
to Franco Tortomassi.

Grand jury impaneled,

two witnesses testified--

named Biscotti and Libretti,
a.k.a. Biscuits and Books.

Bill of Indictment never filed.

You never heard about this?

I wouldn't necessarily
until the indictment was filed.

And Dan, especially,

always played his cards
very close to his vest.

So why couldn't Dan make
the Parenti case stick?

From where I'm sitting,
it looks like a slam dunk--

two low-level wiseguys
were initially

named in the indictment
and then dropped.

Cooperating against Tortomassi.

Well, it must've been
something good

because Tenofsky was getting
them into witness protection.

Jack, all of the witnesses'
statements are missing,

along with a load
of other things--

transcripts, bluebacks...

It's all fouled up.

Tortomassi got to
Tenofsky somehow.

Dropped the case,
gutted the file.

A bribe?

Dan cared less about money
than anyone I ever met.

Who was this guy?

Put Briscoe and Green on it.

Biscuits and Books.

Sounds like something
those two would do.

Always were more ambitious
than smart.

And what are they
doing today?

Made guys.

Biscuits is muscle;

Books does a little this,
little that.

Old guy in the middle there
is Tortomassi, their boss.

Yeah, I guess he never found out

that ten years ago,
those two were ready

to testify against him.

Guess he didn't,
'cause they're still here.

Old man's old school.

Three years ago

a punk in a car
flipped him off...

Do we want to hear
the rest of this?

Month later couple of
his goons took a knife...

Bye, bye, birdie.

Biscuits and Books
are never gonna talk,

with or without
their lawyers present.

You know, maybe we should
talk to the widow Parenti,

maybe she can shed some
light on the matter.

Bobby would've never walked
out on us.

Me, maybe;
not the kids.

So you believe your husband
is dead, Mrs. Parenti?

Ten years ago I had
Father Gallianto

say a funeral mass
for him.

What do you think
I think?

Ma'am, what is it

that your husband knew
that got him killed?

I told all this
to that D.A., uh...

Mr. Tenofsky?
Yeah.

I'm sorry,
but if you don't mind,

could you
go over it again?

Bobby worked for
The Ledger, you know,

but, uh... he didn't,
you understand.

A no-show job.

Only thing Bobby knew
about newspapers

was sport section's in the back.

Half the guys working on that
loading dock were no shows.

So Bobby kicked back part of his
salary and everybody was happy.

Except Bobby.

He said the cut
should've been 60-40,

with him getting 60.

He couldn't stop talking
about it.

Felt cheated.

I told him to shut his mouth
and count his blessings, but...

Somebody hears, figures
he's gonna blow a sweet deal,

and your husband disappears.

One day he went
to pick up a paycheck,

never saw him again.

And you told all this
to Mr. Tenofsky?

I even told him who did it.

Bobby knew.

He said,
"Anything happens to me,

tell 'em Biscuits and Books
done it."

So I told that to Mr. Tenofsky.

But, uh...
nothing ever happened.

Tenofsky had Tortomassi
dead to rights

on Bobby Parenti's murder.

Mm-hmm. With Biscuits
and Books as ammo,

finger on the trigger,
and then-- nothing.

Instead Tenofsky
turns down a promotion,

transfers out of

a high-end trial division
to Appeals,

and buries himself in work. Yeah, but only
after

Mr. Never-Throw- Anything-Away cleaned out
his case file.

All in the middle
of an investigation

that would've made
his reputation.

That's just it-- he wasn't who he said he
was.

He couldn't afford
a high profile.

That's one explanation
for why he booted the case.

The other is that
the wiseguys got to him.

Now, I know you don't
want to hear that.

All this relates to Tenofsky's
murder how, exactly?

How, exactly, we don't know,

but get this--
Biscuits had an uncle

who owned a pizza parlor.

The same pizza parlor where
Tenofsky's call came from.

The new owner
just told us

he never got around
to changing the locks.

The phone call that lured
Tenofsky to his death.

So what changed
in the basic equation?

Something about
Parenti's murder itself?

New evidence,
a witness, maybe?

Libretti and Biscotti were afraid the case
would resurface.

There's no statute
of limitations on murder.

And no judge
will give us

a warrant for what we have.

We'll get around that,
impanel an investigatory

grand jury-- it can issue warrants. You
want to leverage

the Parenti case to look
into the Tenofsky murder.

Detectives, investigate
Parenti's disappearance

like it happened yesterday.

Why all the interest

in one dead paesan'
ten years down the road?

Hey, humor us,
Shop Steward.

After all,
he was one of yours.

Bobby Parenti was a schnorrer.

Never did a day's work
in his life,

expected time-and-a-half
for it.

Man, if you could just
answer the question?

Came in every Thursday,

pretended like he
actually worked here.

I take it
Thursday's pay day.

One pay day,
he was real quiet.

Kept looking over
his shoulder,

nervous, like.

That's 'cause he knew
somebody was after him.

Biscuits and Books.

Hey, I never said nothing

about those two mooks.

You saw them? They were here?

And you told Tenofsky.

Are you kidding?

Okay, so Biscuits
and Books?

They were waiting for him
across the street.

I seen 'em.
Parenti seen 'em, too.

Went white as a ghost.

He left-- Biscuits and Books
were right behind him.

We got to get ahold of the detective who
caught the Parenti murder.

So Biscuits and Books
scoop Parenti up...

Yeah, and he
disappears forever.

The thing that bothers me is,
how'd Tenofsky figure

to make the case
without a body?

And without that
shop steward's info

that Biscuits and
Books tailed Parenti.

So where is this Detective
Michel with all the answers?

There he is.
Hey, man, what's up?

Detective Green.
Ted Michel.

Hi, Ted. Hey, Lennie. How are you?

So, what happened here?
A driver.

Stupid bastard forgot
it wasn't his money.

You got witnesses?

Deaf, dumb and blind.
Come on, let's walk.

Reason I called, you worked with Tenofsky
on this Parenti case?

Yeah, we hit it off-- that's why I brought
him the Parenti thing.

Well, you had no witnesses
and no body--

how'd you all
crack the case?

Best way there is--
dumb luck.

We had a snitch--
he's dead now--

but he heard Biscuits and
Books talking about it

in some gin mill
in Far Rockaway.

So the Snitch told you Biscuits and Books
killed Parenti?

Yeah. But one thing
always bugged me:

Biscuits and Books had
an alibi for that day.

You remember
what it was?

They worked construction when
they weren't busting arms.

Crew swore up and down they were on a
concrete pour.

And you don't know how Tenofsky broke that
alibi? No idea,

but he told me they sang
like the proverbial bird:

who, what, when, where.

Then why weren't their statements included
in the files?

You'd have to ask Tenofsky. Ted, do you
have any idea

what happened to
derail this thing?

Biscuits and Books

hired a mob lawyer--
all of a sudden,

it was Katie bar the door,
case closed.

Ms. Southerlyn, I've advised my
clients

not to speak-- kindly direct
your remarks to me.

They seemed ready to testify
against Tortomassi

in exchange for a grant
of immunity ten years ago.

Without confirming or denying
that assertion,

circumstances have changed.

Meaning they're no longer
willing to turn on their boss.

Meaning only
that my clients

are now both
successful businessmen.

They're wiseguys, and either
they're going to cooperate

or they're going to jail.

Oh, they've been to jail,
Counselor.

Parenti's murder's

gonna put them away forever.

Ms. Southerlyn,
I agreed to see you

because I wanted to find out
what you had.

You've told me enough to make me
realize you have nothing.

Biscuits and Books

were at the meeting?

Wachtler's worried enough
to circle the wagons.

We must be close.
Not close enough.

Tell Van Buren to have Biscotti and
Libretti arrested.

With what? I'll get Judge Midonas to issue
the warrants.

Jack...

Just do it.

All right, sit, stay.

My lawyer told me to expect a
stunt like this.

Ah, your lawyer's
a wise man.

Anthony Biscotti,
you're under arrest

for the murder
of Robert Parenti.

You have the right to remain silent. Good,

'cause I got nothing to say.

Federico Libretti,

you're under arrest for the murder of
Robert Parenti

Never heard of him.

You should-- you killed him ten years ago.

Turn around, man.

You have the right
to remain silent.

Anything you say can be used
against you in a court of law.

Watch your step. You have the right to an
attorney...

People v. Anthony Biscotti

and Federico Libretti.

One count each,
murder in the second degree.

Pleas, gentlemen. BISCOTTI: Not guilty.

Me, too.

Would "Me Too's"
attorney

care to amend the record?

Mr. Libretti enters

a plea of not guilty,
Your Honor.

The defendants are persistent,
violent felons

facing mandatory life
upon conviction.

Say no more-- remand for both.

Good day, Mr. Wachtler.

Next case, please.

Didn't have to come to this.

Of course it did-- your clients killed
Robert Parenti.

They admitted it to Tenofsky
ten years ago.

If you'd had any proof
of that, McCoy,

my little chat
with your assistant

would have had
an entirely different tenor.

Just out of curiosity,

how did you get Tenofsky
to drop the investigation?

My sources tell me

you can't find
most of his case file.

I don't need his file

to make the case against your
clients for the Parenti murder.

Only I don't really care
about the Parenti murder.

I only care about
Daniel Tenofsky.

I'll apprise my clients
of your concerns.

Tell them if I don't find out
who killed Tenofsky,

they go to prison for life
for Parenti.

As to that, my clients testified
in the grand jury.

Under the Criminal Procedure
Law, they received automatic

transactional immunity.

I'm familiar with

CPL 190.40

Then you know
you can't prosecute them

for Parenti's murder
no matter what

their level of participation.

That statute is subject
to interpretation.

You're familiar with this, too,
I presume.

Motion to dismiss
all charges against

Messrs. Libretti and Biscotti.

Any cooperation from my clients
will be completely voluntary.

Ironic they're
claiming immunity

because they talked
to the grand jury,

and we can't prove
they killed Parenti

because the grand jury
minutes are missing.

Yes, but Tenofsky did
a thorough job

of stripping his file.

Grand jury transcripts,
witness statements...

So we don't know for sure

that Biscotti and Libretti
actually testified.

No testimony, no immunity.

I know only what I can prove.

The grand jury
reporter?

Retired.

Junked her tapes
years ago.

What about
the grand jury warden?

Died in 1995.

So really there's no proof

that they ever
spilled their guts.

Whereas, if Judge Bradley
upholds immunity

with these two cowboys...

Our leverage on the Tenofsky
murder goes out the window.

We take the position
that Books and Biscuits

never testified, therefore
weren't properly immunized.

To get them to tell us what they
know about the Tenofsky killing.

And round and round she goes.

Mr. McCoy,

the Tenofsky debacle
does not constitute

an excuse
for sloppy record-keeping.

If our suspicions
are correct, sir,

Mr. Tenofsky only disposed
of the Parenti materials

at the bidding
of the defendants.

The D.A. has
suspicions,

and he wants to
hang my guys.

They could use hanging,
Counselor.

CPL 190 says the defendants
are immune from prosecution

if they testified
in the Parenti grand jury.

Tenofsky was arranging
for the defendants

to enter
the Witness Protection Program.

He'd hardly have done that
if they weren't cooperating.

That evidence suggests only
that the defendants

may have considered testifying.

There's no proof
that they actually did.

The statute is clear:
immunity doesn't attach

until the witness is sworn
and testifies.

Which I assure you they did.

You want me
to conclude

that your clients, in fact,

appeared before the grand jury

because you say they did?

What turnip truck do you figure
I fell off of, Mr. Wachtler?

Judge... If your choirboys were prepared

to cut a deal once, Counselor,
why not go two for two?

There being no demonstrable
imposition of immunity here...

the People are free
to pursue prosecution

against these defendants.

How are we gonna prove Biscotti
and Libretti killed Parenti

without a body, the
snitch or a motive?

Tenofksy thought he had enough of a case
to go after Tortomassi

with Libretti and Biscotti
as witnesses.

Yeah, well, whatever's missing
from his files

would come in handy
right about now.

What did the arresting officer
say about their alibi?

Working a construction job.

Their alibi was
Tenofsky's proof.

Tenofsky was certain
that Biscuits and Books

killed Parenti
because Tenofsky knew

where they stashed the body.

Got a pair of hands here.

Bobby Parenti.

In the flesh,
so to speak.

How the hell did you know where to find
him, Counselor?

Tenofsky-- Dan would never
open a grand jury

on the say-so of a snitch.

So you figured
he had more.

And I think he wanted us
to find it.

Dan gutted most of the case file
but not all of it.

He left a Department
of Public Works order form.

Now you lost me.

Ten years ago, the City
was ripping up this same area.

The concrete subcontractor
doing the work

was Tortomassi Ready Mix.

Biscuits and Books' alibi.
Those dumb bastards.

They killed Parenti
and buried him in the abutment.

And when they
heard the City was

ripping everything up again,
they knew the body'd be found.

And the only one who could tie it to the
Three Amigos

was Dan Tenofsky.

Let's call Wachtler,

ask him if his clients
are ready now

to testify against
their boss again.

You've got Parenti's body.
So what?

We dug him out of
a construction site

where your
clients worked.

Along with a hundred other
guys. Again, so what?

We recovered
skin from under

Parenti's fingernails.

The ME says there's more than
enough for a DNA match.

My guys might be willing

to reiterate their
original statements

for the original deal.

Which was?

Man Two,
five years probation.

Dan Tenofsky never would
make that deal. Why would I?

Because they can give you

the man who ordered Parenti
and Tenofsky's murder.

I need you to say his name.

Franco Tortomassi.

Man One, 121/////2 to 25,

they sign a waiver of immunity
before they testify.

Done.

Tortomassi gave the order
on Parenti.

The Old Man hates
a squeaky wheel.

What about Tenofsky?

He ordered us to hit him, too.

How did you get to
Tenofsky originally?

Did you threaten him to get him
to drop the Parenti case?

What threat? 50 grand, he made
the Parenti thing go away.

Yeah, all it took
was a half a yard.

I don't believe he took
a bribe from you.

Well, you believe
what you like, pally.

And when the city started
to dig up the abutment

where Parenti's body
was buried,

Tortomassi told you
to kill Tenofsky.

Old man said make it
look like a robbery,

but numbnuts here
plunked him in the heart.

He's dead, right?

Franco Tortomassi,

you are under arrest
for the murders

of Robert Parenti
and Jacob Deiter,

a.k.a. Daniel Tenofsky.

Tell Mr. McCoy
he's making a mistake.

Oh, I don't think
he gives a damn.

You have the right
to remain silent.

Anything you say can be used
against you in a court of law.

You have the right
to an attorney.

Mr. Tortomassi
had nothing to do

with either of these
awful events.

Your client
was behind

the no-show job scam
at The Ledger,

which led him to order
the murder of Robert Parenti.

He denies that.

Which in turn necessitated,
ten years later,

the killing of
Daniel Tenofsky.

Your employees have already pled
guilty to killing both of them

on your orders.

And you believed them?

Tweedledeedee and Tweedledeedum?

I'm old school, Mr. McCoy.

I wouldn't do that.

No cops, no D.A.s.

Are you accepting
responsibility for Parenti's murder?

You misunderstand.

My client denies

any involvement in these
events whatsoever.

Let's go, Franco.

My condolences on your loss,
Mr. McCoy.

Looks like you'll get your
slam-dunk after all, Jack,

plus a little retribution
for Dan Tenofsky.

I'm concerned, actually.

Why wouldn't Tortomassi
take a plea?

You come from a long
line of worriers.

His henchmen are testifying
against him.

We gave them a fair glimpse
at the evidence

in a strong case.

And he wasn't interested?

Not even a nibble.

We weren't paid for killing
Parenti, not like people think.

But you did kill
Mr. Parenti,

you and Mr. Biscotti?

Oh, yeah.

The Boss told Tony to kill him,
we killed him.

The Boss?

Mr. Tortomassi.

What did you receive
for your efforts?

An obbligato,

a debt.

Mr. Tortomassi was honor-bound
to us, you know,

in the organization.

You killed Parenti, you and Mr.
Libretti?

Yeah.

And you killed Jacob
Deiter, also known as

Daniel Tenofsky?

Yeah.

You shot him in the chest,

and then you stabbed him
more than a dozen times?

I didn't count,
Counselor.

And you did
these killings

at the behest
of Mr. Tortomassi?

Behest?

You mean, did the Boss
order the hit?

Yeah, at his behest.

He called Freddy,
but we did it together.

And presumably we should
believe you now,

based on your lifelong
pattern of lies and perjury...

Objection.
and murder...

Objection.
deceit...

Counselor!

Rephrase or move on, Counselor.

Jury's eating it up.

It's been a while

since the city had
a real mob boss on trial.

Serena, Libretti said Biscotti
got the order to hit Parenti.

So?

Biscuits said Books
received the go-ahead.

That's a slip of the tongue.

Well-prepped witnesses

do not slip, not like that.

You can't blame
yourself, Jack.

We prepped them as
much as we could.

Not how we prepped them,

how Wachtler did.

Wachtler?

He's been handling those two
and us all along.

How and why?

I'm not sure yet,
but if he orchestrated

this "discrepancy",

I have to ask, what else
are those two lying about?

Pull Wachtler's LUDs, his CV,
anything you can get on him.

Biscuits and Books

are so dumb,
they don't remember

who told who to kill
Parenti and Tenofsky.

They got nervous.

Trivial error.

Even Tortomassi's lawyer
didn't pick it up.

He may be slipping.

I'm not.

Jack...

Tenofsky loved
what he did.

He loved the D.A.'s office,

loved trial work.

He even loved
the Appeals Bureau.

The only thing
that could've stopped him

from going after your
clients was the fear

of losing all of that.

Back in 1978,

you were a night student
at Brooklyn Law,

but you took one day class,
Corporations,

with Professor Hoffman.

I barely remember it.

You had a classmate,
the real Daniel Tenofsky,

the one who dropped out.

You sat across

the aisle from him
for six months.

So, when Libretti and Biscotti
and you had your first sit-down

with our Dan Tenofsky, whose
real name was Jacob Deiter,

you knew he was a fake.

You'll never prove that.

You clients did not
bribe Tenofsky.

They blackmailed him...

with your help.

They threatened to expose him,

threatened to take away
his identity,

take away the life
he'd built for himself.

You want me to testify
against these guys?

Libretti, Biscotti
and Tortomassi.

I'll need to go into
witness protection.

You'll testify,

and go to jail.

And if I'm in a good mood,

I'll consider arranging
segregation

from the general population.

You can cut Tortomassi loose.

He was telling the truth?

He wasn't involved?

For once.

Biscuits and Books
did the whole thing.

The old man never knew
about any of it.

The union scam, Parenti's hit,
Tenofsky-- none of it.

They were always afraid
Tortomassi would find out

what they'd been doing behind
his back all these years.

Why did they kill Dan?

When Tenofsky heard

they were about
to find the body,

he started talking
about coming forward,

confessing to what he'd done
in the Parenti case.

The sentencing of the three
defendants in this matter

to terms which assure
they will never return

to the streets of New York

concludes a sad chapter
in our city's history.

Dan left just enough in the file

to make the case against
Books, Biscuits and Wachtler.

Tenofsky could have
tossed the whole thing.

We caught a break,
his obsessive side won out.

It wasn't that.

He just couldn't
strip the file.

He couldn't strip himself
of that last shred of honesty.

Arizona PD couldn't
find a brother.

I was never sure if he was real or was
just another creation.

He has no family, Jack.

No next of kin.

What do you want me to do
with his personal effects?

What personal effects?

Those were more like props.

So who was he, really,
Deiter or Tenofsky?

Who knows?