Original subtitles

Thank you.

Thank you.

And when I arrived at the hospital, I was informed that Harry Gifford had no

chance of surviving.

I went to Mr. Gifford's room, and he told me he wanted to make a statement.

Was Mr. Gifford aware of his impending death?

Well, I assume he was. I wasn't present when the doctor informed him of it.

Were you alone with Mr. Gifford at the time that he made his statement?

No. No, the attending physician and the nurse on duty were present.

All right.

Now, Mr. McGarrett, in his final declaration to you, did Mr. Gifford name

the person who inflicted the fatal injuries upon him?

He did.

Who was it?

He named the defendant, Kurt Lucas.

Now, Mr. McGarrett, I would like to clarify one point.

The defendant's motive, as ascribed to him by Mr.

Gifford...

He stated that Mr. Lucas beat him and then shot him because he was

unable to repay money he had borrowed from the defendant.

$10,000, I believe.

Plus the juice, Mr. Mills, the juice, as it's referred to in street parlance.

That's the interest doubled and redoubled, which made the debt over $30

,000.

Then my next question is, did Mr.

Gifford explain what the defendant hoped to accomplish by the beating and the

shooting? He didn't explain it to me.

Well, Mr. McGarrett, since Mr. Lucas could hardly expect to collect from a

dead man, wouldn't you say that he had no motive whatsoever for killing

Gifford? Objection. He's asking opinion of the witness.

Objection sustained.

No further questions, Your Honor.

You may step down.

The state calls Mr.

Chaffer.

What's this all about, Artie?

Drive somewhere's private, McGarrett.

I don't want nobody to see us talking.

Especially not one of Kurt Lucas's boys.

I got something to tell you.

Something about Lucas's trial.

Okay, Artie. Let's have it.

Look, I just made the street this morning, you know.

I've been in city jail on a disorderly.

Well, a couple of days ago, I heard something. Just talk, you understand?

Just breeze.

About Lucas.

Yeah, what about him?

That he ain't gonna be convicted.

Not this time around, anyway.

And you know why?

Because Lucas has got one of the guys on the jury right here.

That's right.

Wired, made, fixed.

That jury's gonna be hung so high, it's gonna go into orbit.

Orbit.

Mr.

Fong, can you identify the photograph you now have in your hand?

I can.

It is one of several heel prints of a man's shoe found in the foyer of Harry

Gifford's apartment.

The floor is parquet, it was dusty. I found several clear impressions.

All right, now I'll show you this one, if you please.

This was taken in the Hawaii Five-0 crime laboratory.

It is of the heel of the shoe taken from the home of the defendant and identified

as belonging to him.

And in comparing the two, what was your conclusion?

That they are identical.

Thank you.

Come on, Artie. Come on. You must have heard something. Who was it?

Nobody exactly told me.

You know how the grapevine is.

Everybody knows something.

Nobody knows exactly.

How he knows.

And there were no names mentioned?

No, I swear it.

Just that Lucas has got one of the guys in the jury in his pocket.

There are seven women on that jury, Artie, and you keep saying one of the

guys. That's the way I heard it.

That it's one of the men?

Yeah.

Look, I try to do you guys a favor, and you treat me like some kind of a

criminal or something.

I've always been straight with the cops. They aren't straight with me unless

they're trying to put me in jail or something.

And I... Thanks,

Artie. I appreciate it.

One last question, Mr. Fong.

From your examination of the heel print in Mr. Gifford's apartment, were you

able to establish when it was made?

No. then it could have been made hours before the shooting of Mr. Gifford.

Yes. Thank you.

We'll stand adjourned until 10 tomorrow morning.

John. Steve.

Let's get out of here. We've got to go.

I don't believe it.

Artie Boland's always had some story to tell whenever he needs a drink.

The thirstier he is, the wilder the story, huh? We know him.

Yeah, I know him, John. I also know Kurt Lucas is smart.

He's smart enough to know you've got a solid case against him.

His only hope of winning it is to stall for time, and that's what a hung jury

would give him.

You're thinking of those witnesses we have under protective custody?

Exactly.

If he won a new trial, it'd be two months, maybe longer, before the case

ever came up. That's a dangerously long time to keep anybody under wraps.

Yeah, a hung jury would really lose us the ball game, or at least that murder

won't count anyway.

That's what Lucas could be angling for.

But, you know, even if Boland is lying, we're hooked.

We've still got to check out every aspect of his story.

It's ticklish, Steve.

We're going to have to discuss it with Judge Phillips before we can make a

move. And Emmett Mills will have to be taken into the conference.

Oh, you don't think Mills would have anything to do with jury tampering, do

you? No, no, I don't think he would.

But it means we're going to be tipping our hand to his client.

That can't be helped, my friend.

That can't be helped.

All right.

All right, let's go.

Do you have any comment on the information that Mr. McGarrett has just

given us, Mr. Mills?

Yes, Your Honor, I do. I am shocked.

Shocked and dismayed that a man in Mr. Megara's position would lend any

credence to the story of a petty thief and stool pigeon.

I wonder if he makes it a practice of repeating every idle rumor.

You're not trying to impress a jury now. Come off it. I resent that, Manicote.

You have no... Enough, gentlemen.

Your Honor, I anticipated something like this when I asked for a change of venue.

Given my client's reputation, undeserved reputation... and the public emotion

surrounding this trial, I... I began to wonder whether he could receive a fair

and impartial hearing.

Now, listen, Emmett, you asked for the public to be barred, and I agreed.

May I finish?

You asked that the press be barred, except for a pool reporter representing

all media, and I agreed, right? Because I couldn't be sure you wouldn't turn

this into a Roman holiday if I gave you the chance. If I wanted to do that, I

would just as soon... Why close the trial?

What is your point, Mr. Mills?

Your Honor, I believe that this meeting is improper and prejudicial to my

client.

Therefore, when court convenes in the morning, I'll be forced to move for a

mistrial.

Well, that's your privilege, Mr. Mills.

I tell you now, I'll overrule your motion.

What's the matter?

You afraid Boland's story is true?

No, and I object to your imprecation. Mr. Mills, Mr. Manicote, I won't

tolerate any more of this.

This is very disturbing information, Mr. McGarrett, and I agree that we should

investigate it. Your Honor!

Mr. Mills, I have every confidence that Mr. McGarrett will handle this in such a

way that the rights of your defendant won't be compromised.

5-0 will be treading on very thin ice, Your Honor. We all know it.

True.

However, in view of the fact that the entire jury has been sequestered

throughout this trial, I find it very difficult to believe that... Any member

could have been suborned.

I've even denied them telephone calls, family, friends, no one.

However, if you uncover any evidence to substantiate this informant's story,

then I'll take appropriate action immediately.

This has already been a long and costly trial, Mr. Mills.

And I'm not going to throw it out now based on a vague rumor.

I'd appreciate it if you'd consider postponing your motion for a mistrial.

Agreed, Your Honor.

Thank you.

How long do you think it will be, gentlemen, before we can bring this case

to the jury?

Three days.

Perhaps four days.

Then that will not give you very much time, Mr. McGarrett.

No, sir, it does not.

Kurt Lucas would use anything to get one of those jurors by the throat.

That means we have to check that entire jury out, top to bottom, for a weak spot

that Lucas might have moved on.

That means checking families, friends, relatives, everybody, including business

associates. That's a lot to come up with on 12 people in three or four days.

Yeah, I know, Dono, but Boland said one thing.

He said the story that he heard tabbed the fixture as one of the men.

So we concentrate on them. Right, right.

It's risky. We might be wrong, but we've got to take the chance.

Okay, there are five of them.

Turner Carr, retired Army colonel.

Lee Chung, building contractor.

Grady Jenkins, car salesman.

Warren Purcell, stockbroker, a partner in Morgan and Purcell.

And Clifford Sprague, a gas station attendant and part-time student at the

University of Hawaii.

Okay, gentlemen, split them up among you and go to work. It's around the clock

time.

Morning, fellas.

Morning,

Steve. Morning, John.

Here's the transcript of the voir dire you asked for.

Anything else you need?

Yeah, I need a court order to look at bank accounts and financial records.

All right, I get it.

I eliminated the pretrial examination of all the panel except the 12 we finally

accepted on the jury.

Steve, I fought hard for those 12 people.

I've never had a jury I had more confidence in.

And you don't want to think you've been hired, huh?

I don't think I have.

Well, on the face of it, There's no reason you should.

That jury's been under lock and key ever since they've been sworn in. The judge

won't even let them talk to their families by phone.

Complete isolation.

On the face of it, there is no way Kurt Lucas could have gotten to one of them.

But if you believe Boland, he did.

Look, I've been in jail nearly five months.

I haven't talked to anybody on the outside for the last month except you.

Two cops bring me to court in the morning, I go back the same way, wearing

handcuffs. Not just exactly. How am I supposed to have twisted one of the

jurors' arms?

Will you tell me?

I can't. And if you can, don't.

I don't want to know.

And you can think of no reason why you could not render an impartial verdict in

this case.

No, sir, I cannot.

How would I know if he's guilty or innocent?

I haven't heard the evidence yet.

You're not personally acquainted with the defendant, Mr. Chung?

No, sir.

You've never had any social contact or any business dealings with him?

No, sir.

Duke, let me lay something on you.

Shoot.

One of Lucas's fronts is a union building supply company. Owns it with a

man named Lou Foss.

Yeah.

Lee Chung is a building contractor.

So he just might have done business with Lucas's outfit.

Well, Mr. Chung says no, but let us make sure.

Colonel Carr.

Comes from a wealthy New England family.

It's big money, old money.

Doesn't figure that Lucas could tempt him with a bribe.

What about intimidation?

He's got a distinguished combat record. World War II, Korea, Vietnam.

Spent three years in a North Korean prison camp and went through hell

because he wouldn't denounce the United States.

It doesn't sound like a Kurt Lucas is going to intimidate a man like Carr.

Unless, of course, he could put the squeeze on him through his wife or

children. That's a possibility with all the men, John. We haven't overlooked it,

but...

Colonel Carr's a widower.

All right. One down, four to go.

Steve.

It didn't fit, Steve.

Can we reach on?

His accountant let me go through his accounts payable for the last five

years.

Chung hasn't done a dime's worth of business with Union Building Supply.

What about his family? All present accounted for? His wife is.

He's got a raft of kids.

Well, check them all out, Duke. Every one of them. If it doesn't work, find

out where they are. Okay.

I may have our bad apple. Who?

Grady Jenkins.

Sit down, Mr. Jenkins.

Are you feeling all right?

Yeah, yeah, I'm okay, Your Honor.

Just a little indigestion, I guess.

Before we get into the reason for this talk...

I'd like to remind you that it's your right to refuse to answer my questions.

It's also your constitutional right to remain silent and seek the advice of

counsel.

What's this all about?

Do you understand your rights?

Yeah, yeah.

Mr. Jenkins, it's come to my attention that three days after this trial

started, the sum of $5,000 in cash was deposited to your

account at the Oahu Bank and Trust Company.

What are you asking about that for?

Because some doubt has arisen about the ability of this jury to reach an

impartial verdict.

What do you mean?

I mean that an investigation is now going on with regard to Bright... Mr.

Jenkins.

Mr. Jenkins.

Right this way, please. Quickly. Quickly.

Get back to the other jurors, Mr. Watkins.

Tell them that Mr. Jenkins had a heart attack and that the first alternate will

replace him. Yes, sir.

Yes, this is McGarrett speaking.

Yes, put him on, please.

It's a hospital.

Yes, doctor.

Yes.

Very well. Thank you for calling. I'll be there.

Jenkins has been bugging his doctor to let him talk to me.

He's gonna let you?

Well, the doctor thinks that it would help him to talk, relieve his anxieties.

I've got a few minutes with him in the morning.

Thanks for coming, Mr. McGarrett.

How do you feel?

The 5-0 is investigating the jury, isn't it?

About that money, it's not like it looks.

I won it in a poker game about six months ago.

Would you give me my wallet out of the top drawer?

Who's Bernie Harris?

A guy I knew.

Kind of a friend.

We've worked on different used car lots around town together.

Where was the game held and who else was in it?

We played at Bernie's house.

What's he dress?

He was living at number five Ocean View Terrace then.

Then but not now.

Okay, go on.

There was three other guys in the game.

Never saw him before.

One was named Chet.

Can't remember the last guy's name.

Another was Harry something.

It was one of them nonstop deals.

Must have played over 24 hours straight.

Towards the end, I got hotter than a pistol.

Won 10 hands running.

Bernie was playing light.

wound up owing me $5,000.

So I took that marker.

Why did he deposit cash?

I asked him to because, well, because of the taxes, you know?

He really trusts you, didn't he?

Didn't even ask for his IOU back?

I was locked up on the jury.

I couldn't get it to him.

He knew that.

Where can I find Harris?

I don't know.

I saw him a couple of days before the trial started.

He said he was taking a job on the mainland.

He didn't say where.

Look, you gotta believe me.

Williams.

Hey, Danny?

Who's this?

Charlie Boland.

What do you want?

Talk to McGarrett.

Where are you?

I know.

Some joint.

Now, listen, Danny, tell McGarrett that I found something real important about

that Kurt Lucas thing.

Shut up, Artie.

What's the matter?

Now, you listen to me right now.

You go home.

Understand?

Understand?

Yeah.

Yeah. No more drinking. No more shooting your mouth off.

I'll meet you at your place in ten minutes.

Okay.

No date, huh?

Jay, that's what I want from you.

Approximately when it was written. Can you do it?

Depends on a couple of things.

How close do I have to come? Jenkins claims it was written within six months.

I'll give it a try.

You might be

lucky. This looks like it was written with a fountain pen rather than a

ballpoint. Well, what does that do for us?

In this case, the ink probably has an iron compound base, blue blood.

We use a drop of hydrochloric acid... and

a drop of potassium thiocyanate.

See that red spot? Yeah. That's iron.

Well, what does that do for us so far as the date is concerned, Jim?

It's called blue-black ink because it writes blue, then turns black the way it

is on this IOU.

That takes time.

Six months?

Black as this ink is.

At least that.

Then Jenkins was telling the truth.

I'd say so.

Yeah, he's here. Danny.

Yeah, Don.

We got a real fast kickback on that APB, Steve.

You find Boland?

Yeah, in the morgue.

He's as dead as they come.

The HPD officers who investigated it have four witnesses who agree that the

car swerved clear across to the wrong side of the street to nail Artie. No way

it could have been an accident.

Get a description of the car?

Dozens of them. All different.

You sure Artie had more information than Lucas?

Or maybe... Maybe he was just trying to get me to spring me some more drinking

money. We'll never know, will we?

I had to go in court today, John.

Oh, Mills had Lucas on the stand, and he denied everything, of course, in a very

hurt tone of voice.

I get my shot at him tomorrow.

And apart from summations and judge's instructions to the jury, that about

wraps it up.

Down to the nitty-gritty, huh?

Yeah, yeah, down to the nitty-gritty.

Steve, you sure that IOU of Jenkins is kosher?

Che is. It's good enough for me.

I may have a wrinkle on Clifford Sprague.

Yeah, go.

Sprague and his wife have a daughter.

Kid's name is Beth.

She's seven.

Yes. Next door, neighbors haven't seen her playing outside for a week.

Says it's very unusual.

Well, does the child go to school?

Yeah, I checked there.

She's been absent for ten days.

Does the school know why?

No.

Well, maybe she's ill, Chen.

Check it out, will you, and get back to me?

Is your daughter ill, Mrs. Sprigg?

Ill?

No. Beth is visiting her grandmother.

My mother.

Where?

Why are you asking me these questions?

As I said, it's a police matter.

And that tells me absolutely nothing.

Well, I'm sorry, ma'am, but that's all I can say.

My husband is serving on a jury.

Yes, I know.

Is that what it's about?

Do you have any objection to giving me your mother's address?

She lives in Los Angeles.

Mrs. Howard Fraser, 509 South Harper Boulevard.

Thank you, Mrs. Spring.

Los Angeles.

Yes, Lieutenant.

McGarrett speaking.

Oh, this morning?

Yeah, okay, Lieutenant. Thanks very much for making the inquiry.

Any time we can return the favor.

Mrs. Fraser told LAPD the child had been visiting her, but

that she left this morning...

It was an aunt and uncle.

It was somewhere in the Sierras.

Somewhere in the Sierras?

Yeah, somewhere. She couldn't say where.

Yeah, and if we found that aunt and uncle, they'd tell us the kid went off

to Europe or something with some cousins.

Listen, Steve, time's running short. This case can go to the jury by tomorrow

afternoon. So if Chin is so sure that Mrs. Sprague was lying, let's get her in

here. And what?

If that child has been kidnapped...

It means that the Spragues have knuckled under to Lucas or Mrs. Sprague would

have come in here long before this.

She wouldn't talk, John.

That's one scared lady.

And knowing Lucas, she has reason to be.

I think we better get a court order to monitor the Sprague's telephone.

All right. All right. I'll get it.

Now, ladies and gentlemen, you'll please retire and consider your verdict.

No, we wait.

We wait. Steve. Yeah. Did that court order covering the bank accounts include

an also known as? Yeah, sure.

Why do you ask?

Warren Purcell's been writing checks for an apartment at the Cahill and signing

them with the name Walter Purdy.

Walter Purdy? Is that so?

I talked to the manager.

I told him Purcell or Purdy's personal problems was his own, that we weren't

interested in that, but that I'd like to take a look at his apartment.

Did you get that look?

And this.

Recognize her?

Yeah, I recognize her.

Sybil Fletcher.

Yeah, the wife of Jim Fletcher, state senator.

Yeah.

You figure that if Kurt Lucas found out about Mrs. Fletcher and Purcell and

threatened to blow the whistle on them...

then he might have been able to blackmail Purcell into hanging the jury.

Possibility, isn't it?

Yeah, you bet it is.

Do you know where I can find Mrs.

Fletcher? Sure, if you feel like a trip to Maui.

Guilty.

Not guilty.

Not guilty.

Look, let's stop all this secret ballot nonsense and put our cards on the table.

Do you want to start by telling us how you voted, Mr Purcell?

I voted not guilty.

How could you?

On the basis of the evidence.

Maybe you'd be good enough to explain.

Yes.

Yeah, I'd be glad to, Miss Stevens.

And three defense witnesses testify that they heard Gifford say he'd get even

with Lucas someday, one way or another.

Oh, come on, Purcell.

You can't believe Gifford named Lucas in his deathbed statement just to get even

with him.

That's ridiculous.

And you act as if Gifford was some kind of saint.

You know, as far as I'm concerned, he was the same as Lucas.

Who or what Gifford was has nothing to do with it.

Miss Fletcher?

How nice to see you again, Mr. McGarrett.

Or don't you remember?

Very well.

We met at the Governor's inaugural ball.

I'm flattered.

Well, Maui no ko'oi, huh?

I think so.

May I offer you something?

No, no, thank you.

Now, tell me, what have I done to attract the attention of Hawaii Five-0?

Now, what about Lucas Heilprint?

You don't believe that story, that he was left there when he visited Gifford

the day before the murder, do you?

Why not?

The state's own witness said that it could have been left there hours before

Gifford was killed.

And I understand that Mr. Purcell is a friend of you and your husband.

You're a half-rat.

As I'm sure you know, or you probably wouldn't be here.

My husband knows about Warren and me.

Everything.

Including the apartment at the Cohio under the name of Walter Purdy.

Which I'm sure you're well aware of, too.

Jim has agreed to a divorce, and it's all very amicable.

Now that it's practically out in the open, there's nothing in my relationship

with Warren that a man like Lucas could possibly use for blackmail.

I thank you for being so frank with me, Mrs. Fletcher.

You didn't give me much choice, Mr. McGarrett. All right,

all right.

I've thought this over very carefully and I've reconsidered.

He is guilty.

Now, how about you, Mr. Sprague?

Well, what about it, Sprague?

That means Sprague is definitely our man.

You mean Lucas' man, don't you, Denner?

All we've had from you all day is no, no, no.

Not one reason, not one argument.

Look who's talking. Look, you voted not guilty. Why'd you change your mind?

You don't care how we vote, just as long as we get it over with.

Yeah, well, we're talking about you now, Sprague. And I've told you, I just don't

think Lucas is guilty.

That's not good enough, Mr. Sprague.

No, it certainly isn't.

Leave me alone.

Now, what are you up to?

What's that supposed to mean?

Your attitude doesn't make sense.

Maybe not to you. Not to any of us.

That's just too bad.

Well, I've just got the feeling there's something wrong.

Don't tell me a male chauvinist pig-hater like you believes in women's

intuition.

It's all right, Peter.

I see no point in going on any further.

I suggest we send a message to the judge saying that we're deadlocked.

Mr. Sprague, do you have children?

Yes.

I had a son.

He used drugs.

He died.

He was only 19.

What's that got to do with Lucas?

But my son bought drugs for men who work for men like Lucas.

He's not on trial for that.

That's true.

But Kurt Lucas had character witnesses.

They told us what a fine man he is.

They asked us to believe that.

Do you?

Well, I don't.

I know better.

I know because of what happened to my son.

I hope you don't have to find out the same way.

Take this to Judge Phillips, please. Sir, you have to go back in.

Ben, the court's been called into session. That's where we'll be.

Hello?

I'm the one who called the other day, Mrs. Sprague.

I just want you to know that everything is fine.

It'll all be over soon.

You have nothing to worry about.

Hello?

Ladies and gentlemen, I've just received your message informing me that you're

unable to reach a verdict.

I don't want to know how you stand, whether for conviction or acquittal, but

I do want to know how you're divided.

Your Honor, we are divided 11 to 1.

And you feel that further deliberation is useless?

We do, sir.

I cannot agree.

I want you to retire for tonight, and I want you to continue deliberations in

the morning.

Now, if by noon you haven't reached a verdict, then I will agree that you're

hopelessly deadlocked and declare a mistrial.

What time did the call come in?

Right after you left.

Well, whoever the woman was, she obviously knows the jury is deadlocked.

How could she have known?

A bailiff?

He delivered the jury's message to the judge.

I'm not saying he did, but he could have looked at it before he turned it over.

The jury occupies one whole floor of the hotel, and all the phones are

disconnected except in the bailiff's room.

He could be the go-between.

Let's go see Judge Phillips. No, wait a minute, Joe.

If it is the bailiff and we move on him now, whoever's holding this Sprague

child might get wind of it and panic.

Now, we don't want Sprague to hang this jury, but we sure don't want anything to

happen to his child either.

Dunham, come out.

The bailiff made 14 calls, five to his own home.

Well, you can forget about those. Watkins wouldn't risk holding the child

in his own home.

What about these two?

Unlisted. The phone company's getting the names for us.

And how about the rest of these? See any connection with Lucas?

Not me.

Nope. Okay, get to work on them. Run them through the HPD computer.

Find out who they are and what they are.

This is the foreman at the garage where Watkins has his car serviced. No other

connection.

And you can scratch off McCullough. Runs a liquor store.

Delivered a bottle of booze to Watkins.

The guy's clean.

Well, that leaves Harkness.

An unlisted number.

Lila Harkness, 1037 Koloa Avenue.

And that's all we've got so far.

That's five to 10. That leaves us two hours and five minutes.

Williams. Yeah, Duke.

You know, Steve, as an officer of the court, I have an obligation to go to

Judge Phillips about Watkins.

What about Watkins, John? We can't prove a thing against him.

We've got that tape of Helen Sprague's phone call that you received last night.

The woman didn't say one thing the judge could use or would get as a mistrial.

We're going to get that in about an hour anyway.

Steve.

Look where the computer turned off.

Lila Harkness, married on the mainland six months ago to Lou Foss.

Lou Foss, who's that?

Kurt Lucas's partner in the Union Building Supply Company.

Yeah.

Okay.

I hope so.

Me and Lila getting tired of babysitting.

Everything okay?

Yeah, everything's okay.

She's got real big eyes, ain't she?

Freeze.

Freeze.

That's it, girl.

Everything's gonna be all right.

Come on, I'll take you home with me.

All rise.

Ladies and gentlemen of the jury, have you reached a verdict?

Have you arrived at a verdict, Mr. Foreman?

Mr. Foreman, do you have a verdict?

Yes, Your Honor.

We have one now.

Mr.

Mills, after talking with Mr.

Sprague... I'm of the opinion that once freed from the intimidation caused by

the kidnapping of his child, that he was able to arrive at a fair and impartial

verdict based on the evidence presented.

Therefore, the verdict of guilty stands.