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Narrator: In the criminal justice
system, the people are represented
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00:00:04,338 --> 00:00:06,705
by two separate yet
equally important groups...
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00:00:06,740 --> 00:00:08,504
The police who
investigate crime,
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00:00:08,542 --> 00:00:11,341
and the district attorneys
who prosecute the offenders.
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00:00:11,378 --> 00:00:13,904
These are their stories.
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00:00:14,348 --> 00:00:16,317
This isn't a criticism, Mike.
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00:00:16,350 --> 00:00:18,319
Well, I guess I'm a
little hypersensitive.
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Look, it probably won't hurt us.
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My point is, Ben was trying to get
a straightforward laundry list going.
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00:00:23,757 --> 00:00:25,581
That's exactly what
I gave him. Listen,
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00:00:25,605 --> 00:00:27,785
Paul... I pinch hit for
Max in the grand jury,
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00:00:27,828 --> 00:00:30,093
I present the case the
way you and I reviewed it,
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00:00:30,130 --> 00:00:32,998
now you're giving me a
bunch of... Come on, man. Chill.
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00:00:33,033 --> 00:00:35,662
Tomorrow, when we
ask you to name names,
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00:00:35,702 --> 00:00:37,830
don't go off on a
tangent about kickbacks
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00:00:37,871 --> 00:00:39,965
and stolen copper
pipes and mangoes.
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"Mungo," not mangoes. Mungo.
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00:00:43,577 --> 00:00:45,569
And I think everybody knows
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00:00:45,612 --> 00:00:48,912
that's extra building
material that just disappears.
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Yeah, and it ends up in
somebody else's building.
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00:00:51,585 --> 00:00:52,929
Hey, we didn't pick
the grand jurors.
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00:00:52,953 --> 00:00:56,185
No, but your crash course in
corruption went way over their heads.
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So what?
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00:00:57,925 --> 00:00:59,359
So they get too confused,
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00:00:59,393 --> 00:01:01,555
they may throw up their
hands and "no-bill" it.
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00:01:01,595 --> 00:01:05,691
Relax. You're going
to get your indictments.
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Max is back tomorrow morning.
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00:01:07,434 --> 00:01:09,300
He's gonna give
you what you want...
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00:01:09,336 --> 00:01:11,703
Howard Neffer, Jimmy
"The Mope" D'Onofrio,
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00:01:11,738 --> 00:01:12,967
Morgan Stern.
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I'm going to call him later,
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we're gonna go
over the case notes,
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and then I'm going out frugging
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00:01:19,846 --> 00:01:21,678
with Patsy Kelly.
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00:01:27,521 --> 00:01:28,989
Marie: I don't know.
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00:01:29,022 --> 00:01:31,491
He's still rummaging
around in the trunk.
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00:01:31,525 --> 00:01:34,552
You know Max... Always
losing his paperwork.
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00:01:34,595 --> 00:01:36,996
Marie, can you tell him
to light a fire under it?
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00:01:37,030 --> 00:01:38,231
Dinner getting cold?
40
00:01:38,255 --> 00:01:41,263
No, my date's getting
cold. I'm still at the office.
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00:01:41,301 --> 00:01:42,735
Marie: Tell me about it.
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00:01:42,769 --> 00:01:45,102
It's like being
married to a ghost.
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00:01:46,707 --> 00:01:49,438
Now he's out there
gabbing with somebody.
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00:01:49,476 --> 00:01:52,002
- Who's he gabbing to?
- I don't know.
45
00:01:52,045 --> 00:01:53,513
It's dark.
46
00:01:53,547 --> 00:01:56,483
Matthew, go out and tell your
father to hurry up, will you?
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Matthew: Okay, Ma.
48
00:02:00,153 --> 00:02:01,519
- What is this?
- Marie?
49
00:02:01,555 --> 00:02:03,786
Oh, Mary Mother of God.
50
00:02:06,293 --> 00:02:08,956
Marie...? Marie! Marie!
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00:04:38,245 --> 00:04:41,943
Left... right...
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00:04:41,982 --> 00:04:44,679
left... right...
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00:04:44,718 --> 00:04:48,917
left... right... halt.
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In.
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Left and right face.
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One step to the rear.
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Present arms.
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00:05:40,173 --> 00:05:42,301
I'll testify as soon
as you need me.
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00:05:42,342 --> 00:05:44,311
I can take over for
Max's testimony as well.
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00:05:44,344 --> 00:05:46,074
The grand jury
will be suspended.
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00:05:46,112 --> 00:05:48,274
When you open back up,
you include Max's murder
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00:05:48,315 --> 00:05:49,749
as part of the offering, right?
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00:05:49,783 --> 00:05:51,581
If we find anything
substantive...
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00:05:51,618 --> 00:05:53,211
And so far we've found nothing.
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00:05:53,253 --> 00:05:55,693
Logan: The night before his
first day of grand jury testimony,
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00:05:55,722 --> 00:05:58,817
somebody heard something was
going down and didn't like the sound of it.
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00:05:58,859 --> 00:06:01,488
I'd like to go after the list
of pending indictments.
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00:06:01,528 --> 00:06:03,429
You and I should find
out who had knowledge
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00:06:03,463 --> 00:06:05,193
of those indictments
in our office.
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00:06:05,232 --> 00:06:07,929
What about a leak
out of the grand jurors?
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00:06:07,968 --> 00:06:11,097
Let's check their ties to construction
industry. Every one of them.
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00:06:11,137 --> 00:06:15,097
If word on the grand jury, or
a list of indictments got out,
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00:06:15,141 --> 00:06:18,600
why hit Max... The
lead on a task force?
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00:06:18,645 --> 00:06:20,614
Because they already
hit the leading investigator
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00:06:20,647 --> 00:06:22,081
from the building department.
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00:06:22,115 --> 00:06:25,244
That was an open
investigation, right? In the papers.
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00:06:25,285 --> 00:06:27,151
What were they going
to accomplish by that?
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00:06:27,187 --> 00:06:30,385
I don't think these people are
what you'd call "long-term planners."
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00:06:30,423 --> 00:06:33,882
Two in the back,
one in the face.
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00:06:35,161 --> 00:06:37,630
That's not a pro,
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00:06:37,664 --> 00:06:39,462
not a thinker.
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00:06:47,507 --> 00:06:49,305
The purpose of
this little get-together
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00:06:49,342 --> 00:06:51,971
is emphatically not to "bust
your chops," as you put it.
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00:06:52,012 --> 00:06:54,811
It's to help you accept
your partner's death.
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00:06:54,848 --> 00:06:56,476
I accept it.
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00:06:56,516 --> 00:06:58,781
Boom... he's dead.
It's end of story.
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00:07:00,687 --> 00:07:04,590
Also to help the officer in
trouble reach a sense of closure.
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00:07:04,624 --> 00:07:08,083
All right, first of all, I'm
not "in trouble," okay?
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00:07:08,128 --> 00:07:10,927
Matter of fact, I'm alive,
and I'm on the case.
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00:07:10,964 --> 00:07:15,402
Second of all, I'm Irish Catholic... I
got a sense of closure at Max's wake.
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00:07:21,808 --> 00:07:24,107
Well, then, there's no problem.
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00:07:24,144 --> 00:07:27,171
That's right. Can I go now?
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00:07:34,487 --> 00:07:37,457
Listen, thanks a lot.
But, really, I'm fine.
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00:07:37,490 --> 00:07:39,425
Olivet: Hey, Detective?
95
00:07:40,794 --> 00:07:43,354
Ever hear of the
"seven stages of grief"?
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00:07:43,396 --> 00:07:44,625
No.
97
00:07:44,664 --> 00:07:47,600
The first one is denial.
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00:07:50,003 --> 00:07:51,995
I'm fine.
99
00:08:06,319 --> 00:08:07,651
Cragen: Mike?
100
00:08:22,802 --> 00:08:24,794
You know Phil
Cerreta from the 39?
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00:08:24,838 --> 00:08:26,773
I know him by name.
102
00:08:26,806 --> 00:08:28,604
He's handling Max's case.
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00:08:28,641 --> 00:08:30,610
I saw him the night
of the crime scene.
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00:08:30,643 --> 00:08:32,202
He's thinking about coming over,
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00:08:32,245 --> 00:08:34,441
maybe as second whip.
106
00:08:35,648 --> 00:08:37,344
So?
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00:08:37,384 --> 00:08:39,580
So, he asked about you.
108
00:08:39,619 --> 00:08:41,383
How you would feel?
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00:08:45,658 --> 00:08:47,957
Fine... I mean,
whatever. I don't care.
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Same rank as Max, pick of cases.
111
00:08:51,598 --> 00:08:54,432
He comes over, that means he's
bringing Max's shooting with him?
112
00:08:54,467 --> 00:08:57,369
- I would assume so.
- All right, then I'm on this case.
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00:08:57,404 --> 00:08:59,635
Mike, I let you
back in the field,
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00:08:59,672 --> 00:09:02,232
I got to be concerned
about your objectivity.
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00:09:02,275 --> 00:09:04,403
- Then you put
Cerreta on point.
- Mike...
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00:09:04,444 --> 00:09:07,623
I know the history of the task force. Who
else is going to interview these people?
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00:09:07,647 --> 00:09:11,982
It doesn't matter. You're
still due time on a desk.
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00:09:31,971 --> 00:09:33,963
So?
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00:09:34,007 --> 00:09:36,340
What?
120
00:09:38,778 --> 00:09:40,838
How are you doing with this?
121
00:09:42,482 --> 00:09:44,246
I'm fine.
122
00:09:53,493 --> 00:09:56,691
Robinette: I only found
one name that makes sense.
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00:09:58,498 --> 00:10:02,833
"Magadan, Dan Sr. Retired
construction"? It's a good possibility.
124
00:10:02,869 --> 00:10:06,636
It gets better. Check
his pension ties.
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00:10:08,341 --> 00:10:10,333
Pull everything you can on him.
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00:10:12,812 --> 00:10:17,147
Stone: Your pension fund
is vested with Local 139.
127
00:10:17,183 --> 00:10:19,311
It's hard to believe
you didn't know
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00:10:19,352 --> 00:10:21,981
any of the names offered
for indictment in that room.
129
00:10:22,021 --> 00:10:24,650
Magadan: I had
heard of a few, maybe.
130
00:10:24,691 --> 00:10:26,626
They were just names.
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00:10:26,659 --> 00:10:28,594
I don't know them.
132
00:10:30,363 --> 00:10:32,594
Do you know any people who do?
133
00:10:32,632 --> 00:10:34,191
Not that I know of.
134
00:10:34,234 --> 00:10:38,194
Two of them are on the
governing board of that local.
135
00:10:38,238 --> 00:10:40,673
I haven't been active
in the local for years.
136
00:10:40,707 --> 00:10:42,266
My pension's there, that's all.
137
00:10:42,308 --> 00:10:44,675
Still, if you'd
mentioned anything,
138
00:10:44,711 --> 00:10:46,839
even out of a
sense of loyalty...
139
00:10:46,880 --> 00:10:48,872
I didn't say anything.
140
00:10:52,385 --> 00:10:55,355
Mr. Magadan...
141
00:10:55,388 --> 00:10:58,449
we're not talking about
loyalties and pension funds.
142
00:10:58,491 --> 00:11:02,792
We're talking about the killing of a
man who had 23 years on the job.
143
00:11:02,829 --> 00:11:05,355
And we're talking about
his wife and his children,
144
00:11:05,398 --> 00:11:07,697
who'll spend
months, maybe years,
145
00:11:07,734 --> 00:11:10,727
trying to come to terms
with the fact that he is gone.
146
00:11:13,673 --> 00:11:16,973
Look, we're not assessing
blame. We just need some help.
147
00:11:17,010 --> 00:11:19,479
We've got to know
whether you said anything.
148
00:11:19,512 --> 00:11:21,845
I didn't. I swear.
Nothing was said.
149
00:11:38,364 --> 00:11:40,333
Captain tells me
we're partnering.
150
00:11:40,366 --> 00:11:42,130
Yeah.
151
00:11:44,370 --> 00:11:45,895
I'm sorry about Max.
152
00:11:45,939 --> 00:11:48,306
Yeah.
153
00:11:49,709 --> 00:11:51,678
Listen...
154
00:11:51,711 --> 00:11:53,839
Phil.
155
00:11:53,880 --> 00:11:57,146
I know you're the new whip and
everything, but I got a few things...
156
00:11:57,183 --> 00:12:01,245
Mike, you know all the players on this
copper business. I need you on point.
157
00:12:02,989 --> 00:12:04,480
Okay.
158
00:12:04,591 --> 00:12:06,685
Okay.
159
00:12:12,665 --> 00:12:15,294
Logan: You, Stern,
Neffer, you were all indicted.
160
00:12:15,335 --> 00:12:18,134
And you don't know anything
about the special investigator
161
00:12:18,171 --> 00:12:19,969
that got tossed
down on 48th Street?
162
00:12:20,006 --> 00:12:23,773
Yeah, well, sure. Everybody's
heard about it, but I don't know nothing.
163
00:12:28,514 --> 00:12:30,813
Well, I want you to
think about it, Vince.
164
00:12:30,850 --> 00:12:34,480
Because I got a hundred bucks that
says the guys that threw him off the roof
165
00:12:34,520 --> 00:12:37,456
were the same ones who killed
my partner, Detective Greevey.
166
00:12:37,490 --> 00:12:42,190
I swear, Detective,
I'm just a salesman.
167
00:12:43,863 --> 00:12:46,423
- He seems okay to me.
- Yeah.
168
00:12:46,466 --> 00:12:50,301
- Maybe a few degrees too cool.
- Another hothead?
169
00:12:50,436 --> 00:12:52,837
Another mick.
Your lot in life, Phil.
170
00:12:55,041 --> 00:12:57,510
Max was not
exactly "Mr. Mellow."
171
00:12:57,543 --> 00:13:00,103
I can imagine these
two guys together.
172
00:13:00,146 --> 00:13:02,513
They did fine.
173
00:13:05,118 --> 00:13:08,111
You and Mike get a
list of the indictees?
174
00:13:08,154 --> 00:13:09,782
Yeah, tomorrow.
175
00:13:09,822 --> 00:13:11,950
Mike and I are going out
tomorrow on a couple of them.
176
00:13:11,991 --> 00:13:13,323
Good.
177
00:13:13,359 --> 00:13:15,794
I restore old buildings.
178
00:13:15,828 --> 00:13:17,626
I consider myself a conservator
179
00:13:17,664 --> 00:13:20,793
of the city's
architectural heritage.
180
00:13:20,833 --> 00:13:22,859
Cerreta: Very noble
of you, Mr. Neffer.
181
00:13:22,902 --> 00:13:24,894
Is this part of your
conservatorship?
182
00:13:24,937 --> 00:13:28,305
It's pipe. What do you want?
183
00:13:28,341 --> 00:13:32,278
All kosher, Howie?
We hear it's stolen.
184
00:13:32,312 --> 00:13:34,281
You want to show
me a search warrant?
185
00:13:34,314 --> 00:13:37,250
You think we're gonna load
a bunch of pipe in our trunk?
186
00:13:37,283 --> 00:13:38,808
We don't need a search warrant.
187
00:13:38,851 --> 00:13:41,343
We'll go back and get
you an arrest warrant.
188
00:13:43,189 --> 00:13:45,181
Just tell me what you want.
189
00:13:45,224 --> 00:13:47,970
Cerreta: Somebody on the secret grand
jury couldn't keep his big mouth shut.
190
00:13:47,994 --> 00:13:49,986
We believe that information led
191
00:13:50,029 --> 00:13:52,294
to the murder Detective
Logan's partner.
192
00:13:54,033 --> 00:13:56,559
Why me? I don't know
anything about that.
193
00:13:56,602 --> 00:13:59,663
We know you supplied a lot of
pipe to the 48th Street project.
194
00:13:59,706 --> 00:14:02,801
Remember that one? That's the
one they tossed Inspector Janklow off.
195
00:14:02,842 --> 00:14:05,505
I had nothing to do with that.
196
00:14:05,545 --> 00:14:07,537
Who did?
197
00:14:08,614 --> 00:14:12,244
Ask Morgan Stern.
He told me to...
198
00:14:15,822 --> 00:14:17,814
He told you what?
199
00:14:19,158 --> 00:14:21,389
To keep my mouth
shut about the leak.
200
00:14:25,832 --> 00:14:27,960
Stone: Ball's in
your court, Mr. Stern.
201
00:14:28,000 --> 00:14:31,266
I want immunity on anything
that may come of this.
202
00:14:31,304 --> 00:14:33,449
I want to know where you got
the information on the grand jury.
203
00:14:33,473 --> 00:14:36,375
You already stated to
Detectives Cerreta and Logan
204
00:14:36,409 --> 00:14:40,005
that you did warn Howard Neffer to
keep his mouth shut about the leak!
205
00:14:41,647 --> 00:14:43,673
I want to know who that leak is!
206
00:14:46,352 --> 00:14:50,346
All right. How about
immunity on the copper theft?
207
00:14:50,390 --> 00:14:53,758
Five more seconds of this, you'll
need immunity on a lot more than that.
208
00:14:53,793 --> 00:14:56,592
My project manager.
209
00:14:56,629 --> 00:14:58,120
His name?!
210
00:15:02,969 --> 00:15:04,904
Magadan.
211
00:15:06,472 --> 00:15:08,600
Robinette: Magadan...
the old man?
212
00:15:08,641 --> 00:15:12,442
No, his son...
Daniel Magadan Jr.
213
00:15:13,646 --> 00:15:16,582
The grand jury
foreman told his son.
214
00:15:19,986 --> 00:15:22,285
I'll be a son of a bitch.
215
00:15:27,326 --> 00:15:29,124
Mr. Magadan,
216
00:15:29,162 --> 00:15:31,290
we're not interested
in why you lied.
217
00:15:31,330 --> 00:15:33,595
What we need to
know is, why did you tell
218
00:15:33,633 --> 00:15:35,363
your son about the grand jury?
219
00:15:37,003 --> 00:15:38,972
He said he had a friend
who wanted to know
220
00:15:39,005 --> 00:15:40,940
what the grand jury was getting.
221
00:15:40,973 --> 00:15:42,464
I told him not to be a hero.
222
00:15:42,508 --> 00:15:44,807
If his friend was mixed
up in something like that,
223
00:15:44,844 --> 00:15:47,143
then it was none
of his business.
224
00:15:47,180 --> 00:15:48,842
That's all?
225
00:15:50,683 --> 00:15:53,380
I told him this Detective Greevey
was going to name names,
226
00:15:53,419 --> 00:15:55,911
and I hoped to God the name
Magadan wasn't one of them.
227
00:15:55,955 --> 00:15:58,151
Where's your son
now, Mr. Magadan?
228
00:15:58,191 --> 00:15:59,887
I don't know.
229
00:16:02,628 --> 00:16:04,620
That I swear... I don't.
230
00:16:13,639 --> 00:16:16,336
Look, I got... Just two minutes.
231
00:16:25,151 --> 00:16:26,983
These Danny's friends?
232
00:16:28,488 --> 00:16:30,480
The ones he's covering for?
233
00:16:34,660 --> 00:16:36,822
If he's protecting
someone, it's wrong.
234
00:16:38,464 --> 00:16:41,024
You know it's wrong.
235
00:16:43,669 --> 00:16:47,606
My partner died because you
opened your mouth on the grand jury.
236
00:16:52,011 --> 00:16:54,003
I'm not going away.
237
00:16:55,014 --> 00:16:57,677
Somebody's got to
do something right.
238
00:17:02,455 --> 00:17:04,890
Danny came to me
about the grand jury.
239
00:17:04,924 --> 00:17:07,393
Pumped me for info.
240
00:17:08,961 --> 00:17:11,123
Said it was for a friend...
241
00:17:12,865 --> 00:17:16,563
But maybe there was no
friend. Maybe he did it for himself.
242
00:17:16,602 --> 00:17:19,265
- What do you mean?
- I don't know.
243
00:17:19,305 --> 00:17:23,174
Mr. Magadan, if you're saying
your son killed my partner,
244
00:17:23,209 --> 00:17:25,974
then every cop in this
city will be gunning for him.
245
00:17:34,120 --> 00:17:36,112
His best bet is with me.
246
00:17:38,157 --> 00:17:40,922
Any other cop, the
odds go down to 50-50.
247
00:17:43,996 --> 00:17:46,090
Your word you won't hurt him?
248
00:17:47,099 --> 00:17:49,091
I promise.
249
00:18:08,454 --> 00:18:09,786
Hey, Danny...?
250
00:18:22,301 --> 00:18:24,133
Freeze!
251
00:18:28,975 --> 00:18:31,342
On your head. On your head!
252
00:18:37,583 --> 00:18:39,643
The name "Max Greevey"
ring a bell, Danny?
253
00:18:39,685 --> 00:18:41,620
I don't know what
you're talking about.
254
00:18:41,654 --> 00:18:45,785
You throw Inspector Janklow off a
roof, then kill my partner to shut him up?
255
00:18:45,825 --> 00:18:47,453
No. No?
256
00:18:47,493 --> 00:18:49,655
No.
257
00:18:52,999 --> 00:18:55,798
- Get on your knees.
- What?
258
00:18:55,835 --> 00:18:57,963
I said, get on your knees.
259
00:19:06,445 --> 00:19:08,710
This is how you did
my partner, isn't it?
260
00:19:08,748 --> 00:19:12,515
I swear, I didn't kill nobody.
261
00:19:20,292 --> 00:19:22,284
I don't believe you.
262
00:19:26,132 --> 00:19:29,159
I'm just gonna ask you
one more time, "Danny boy."
263
00:19:31,804 --> 00:19:33,773
Oh, God...
264
00:19:35,775 --> 00:19:37,710
Please...!
265
00:19:43,649 --> 00:19:45,618
I did it, okay?
266
00:19:45,651 --> 00:19:47,176
I did it.
267
00:19:59,498 --> 00:20:02,468
You do understand you
have the right to an attorney?
268
00:20:02,501 --> 00:20:04,800
You maintain you've
passed on that right?
269
00:20:04,837 --> 00:20:06,465
Yeah, I understand.
270
00:20:06,505 --> 00:20:09,805
I've been through all this
already with that psychotic.
271
00:20:09,842 --> 00:20:12,641
We'll go over it
again, for the record.
272
00:20:12,678 --> 00:20:14,977
You don't mind, do
you, Mr. Magadan?
273
00:20:15,014 --> 00:20:16,846
No.
274
00:20:18,017 --> 00:20:19,747
Will you tell me something?
275
00:20:19,785 --> 00:20:22,448
How did you find out
where Sgt. Greevey lived?
276
00:20:25,191 --> 00:20:28,161
Some chick my cousin
knows who works at the DMV.
277
00:20:29,862 --> 00:20:31,854
It's not that tough.
278
00:20:33,365 --> 00:20:35,800
So I went out there and
parked across the street.
279
00:20:37,369 --> 00:20:39,838
Then you got out of your car...
280
00:20:39,872 --> 00:20:43,104
and you shot him.
Isn't that correct?
281
00:20:46,045 --> 00:20:48,514
Not quite like that.
282
00:20:48,547 --> 00:20:54,214
I mean, I had to
wait a few hours...
283
00:20:54,253 --> 00:20:57,690
and when he came out,
I pulled into his driveway.
284
00:20:57,723 --> 00:20:59,715
Intending to shoot him?
285
00:21:03,162 --> 00:21:05,631
Not necessarily.
286
00:21:05,664 --> 00:21:10,796
I thought maybe I could scare
him off or something, you know?
287
00:21:10,836 --> 00:21:13,499
Threaten his old lady
if I could get her alone.
288
00:21:17,343 --> 00:21:19,938
What happened to make
you change your mind?
289
00:21:25,684 --> 00:21:28,153
I don't know.
290
00:21:28,187 --> 00:21:30,656
When he came out...
291
00:21:30,689 --> 00:21:32,681
he was just...
292
00:21:34,193 --> 00:21:36,185
there.
293
00:21:37,863 --> 00:21:39,991
I kind of lost it.
294
00:21:44,203 --> 00:21:46,832
You said the gun was not yours.
295
00:21:46,872 --> 00:21:49,842
No, it belongs to the
construction company.
296
00:21:49,875 --> 00:21:52,367
I've got an extra
key to the trailer.
297
00:21:52,411 --> 00:21:54,676
That's where the gun
is now, in the trailer?
298
00:21:54,713 --> 00:21:56,113
Yeah.
299
00:21:56,148 --> 00:21:58,014
Bull's-eye.
300
00:21:58,050 --> 00:22:00,076
Cerreta: Where
exactly is it kept?
301
00:22:00,119 --> 00:22:03,453
Danny: You want me to hand
it over to you on a silver platter?
302
00:22:03,489 --> 00:22:05,458
Good job.
303
00:22:05,491 --> 00:22:07,960
Make sure I get a
copy of that confession.
304
00:22:07,993 --> 00:22:09,962
Cerreta: You need
to be very specific
305
00:22:09,995 --> 00:22:11,623
when we go in
front of the judge.
306
00:22:11,664 --> 00:22:13,963
You know the drill.
Search warrant...
307
00:22:13,999 --> 00:22:16,628
It's in the toolbox right there
308
00:22:16,669 --> 00:22:20,902
with the tools and
the rest of the stuff.
309
00:22:24,510 --> 00:22:26,308
Mike...
310
00:22:26,345 --> 00:22:28,814
looks like you got this
guy dead to rights, huh?
311
00:22:28,848 --> 00:22:30,646
I guess so.
312
00:22:30,683 --> 00:22:32,982
You want to check
it before I hand it in?
313
00:22:33,018 --> 00:22:36,216
Just make sure all the "T's" are
crossed and the "I's" are dotted.
314
00:22:38,023 --> 00:22:40,925
- I'm sure it's fine.
- It's all kosher?
315
00:22:43,696 --> 00:22:46,825
You want me to freakin'
proofread it, or what, Phil?
316
00:22:46,866 --> 00:22:50,997
It's just that... in case you
had to drag it out of him...
317
00:22:51,036 --> 00:22:54,529
we ought to know that before
his lawyer comes on board.
318
00:22:59,311 --> 00:23:01,303
He's saying I
dragged it out of him?
319
00:23:03,015 --> 00:23:05,007
He said something like that.
320
00:23:05,050 --> 00:23:07,383
You see any marks on the guy?
321
00:23:08,821 --> 00:23:10,790
It isn't that.
322
00:23:10,823 --> 00:23:13,622
It's that he said you
threatened to kill him.
323
00:23:13,659 --> 00:23:16,254
He said that, huh?
324
00:23:19,465 --> 00:23:21,457
A cop killer?
325
00:23:23,002 --> 00:23:25,471
You think I would
have killed him, Phil?
326
00:23:27,106 --> 00:23:29,098
I don't know, Mike.
327
00:23:30,175 --> 00:23:32,167
I don't know
what's in your mind.
328
00:23:33,779 --> 00:23:35,771
I don't know you well enough.
329
00:23:37,683 --> 00:23:39,675
That's right...
330
00:23:39,718 --> 00:23:41,710
you don't.
331
00:23:43,155 --> 00:23:45,647
Cragen: "Maybe
threaten his old lady."
332
00:23:45,691 --> 00:23:49,253
Too bad he didn't take that route.
Marie would have kicked his ass.
333
00:23:50,462 --> 00:23:53,921
- That's for sure.
- Everything all right
with you two?
334
00:23:53,966 --> 00:23:56,800
Oh, yeah. He's a good kid.
The collar is top of the line.
335
00:23:56,835 --> 00:23:59,066
We got a 100-proof
case against the skel...
336
00:23:59,104 --> 00:24:02,233
Whoa, Phil, let's stop
with the clichés already.
337
00:24:02,274 --> 00:24:03,970
What's going on?
338
00:24:08,981 --> 00:24:11,815
Suppose Logan went a
little over the line on this one?
339
00:24:14,486 --> 00:24:18,287
- How far over?
- Not much, maybe five yards.
340
00:24:18,324 --> 00:24:20,452
I wasn't even
gonna mention this,
341
00:24:20,492 --> 00:24:22,461
but apparently, or maybe,
342
00:24:22,494 --> 00:24:24,326
he was gonna blow
this guy's brains out.
343
00:24:24,363 --> 00:24:26,628
What the hell is that
supposed to mean?
344
00:24:26,665 --> 00:24:31,660
Magadan says that Logan
was waving his gun at him.
345
00:24:33,505 --> 00:24:35,974
Mike's got to be
thinking this guy is armed.
346
00:24:36,008 --> 00:24:38,637
I mean, this is the guy
who killed his partner.
347
00:24:38,677 --> 00:24:40,441
Yeah. And he would
have his gun out.
348
00:24:40,479 --> 00:24:42,675
It was dark.
349
00:24:45,351 --> 00:24:47,343
And you gotta be careful.
350
00:24:54,360 --> 00:24:56,522
I mean, what are
you going to do?
351
00:25:16,482 --> 00:25:18,474
Mike?
352
00:25:19,485 --> 00:25:21,477
Anything you want to tell me?
353
00:25:22,488 --> 00:25:24,480
Yeah.
354
00:25:25,491 --> 00:25:27,483
I got us Max's killer.
355
00:25:30,829 --> 00:25:32,297
Okay, let's get a warrant,
356
00:25:32,331 --> 00:25:35,665
get that freakin' gun in here
before something happens to it.
357
00:25:37,836 --> 00:25:39,805
Cerreta: Mr. Stern,
we have a warrant
358
00:25:39,838 --> 00:25:41,670
to search these premises.
359
00:26:23,148 --> 00:26:26,949
If it's true, the officer's use of
his gun to get a confession...
360
00:26:26,985 --> 00:26:28,707
With all due respect,
Judge, these allegations
361
00:26:28,731 --> 00:26:30,098
of threats are not
relevant to bail.
362
00:26:30,122 --> 00:26:33,684
Hold it. If you believe your
client's statement was coerced,
363
00:26:33,725 --> 00:26:35,751
make a motion to suppress it.
364
00:26:35,794 --> 00:26:38,286
People's case
appears to be tight...
365
00:26:38,330 --> 00:26:41,562
Confession was made inside the
precinct, the murder weapon was recovered,
366
00:26:41,600 --> 00:26:44,593
corroborative evidence...
Bail's out of the question.
367
00:26:44,636 --> 00:26:46,264
Fine, Judge.
368
00:26:46,305 --> 00:26:49,798
Legal Aid only represents
Mr. Magadan for this arraignment.
369
00:26:49,842 --> 00:26:52,505
I'm sure that his regular
attorney will submit papers
370
00:26:52,544 --> 00:26:54,911
challenging a confession
obtained at the point of a gun.
371
00:26:54,947 --> 00:26:57,178
To which the
People will respond.
372
00:26:57,216 --> 00:27:00,846
Pursuant to Criminal
Procedure Law, Section 51040,
373
00:27:00,886 --> 00:27:03,981
the defendant is remanded
to the custody of the State.
374
00:27:05,791 --> 00:27:07,885
Bailiff: Docket number 64788.
375
00:27:09,495 --> 00:27:11,589
Defense attorney: Paul...
376
00:27:11,630 --> 00:27:14,242
Dave, if this is the "rubber hose"
routine, I've heard it a thousand times.
377
00:27:14,266 --> 00:27:18,601
Well, this was no rubber
hose. It was a .38 police special.
378
00:27:18,637 --> 00:27:21,801
- And you're buying?
- Hey, I hear this twice
as much as you guys.
379
00:27:21,840 --> 00:27:23,468
I got nothing invested here.
380
00:27:23,509 --> 00:27:26,968
Once his high-priced mouthpiece
rolls in, my office is gone.
381
00:27:27,012 --> 00:27:29,777
I'm telling you, it
feels on the level.
382
00:27:29,815 --> 00:27:33,081
And if it is, it's a big
pile you've stepped in.
383
00:27:36,889 --> 00:27:40,621
From out of nowhere,
this detective rousts me.
384
00:27:40,659 --> 00:27:42,491
I'm trying to be cool,
385
00:27:42,528 --> 00:27:45,225
but I figure the guy's
on speed or something.
386
00:27:46,832 --> 00:27:49,461
Why do you think that?
387
00:27:49,501 --> 00:27:52,596
Because before I'm
halfway into my act...
388
00:27:54,339 --> 00:27:56,205
he puts his piece here.
389
00:27:58,677 --> 00:28:01,272
He asks me did
I kill the fat cop.
390
00:28:02,447 --> 00:28:04,439
I don't say anything.
391
00:28:06,418 --> 00:28:08,410
I hear the hammer go back...
392
00:28:10,289 --> 00:28:12,884
Click... click...
393
00:28:15,194 --> 00:28:17,425
No bruises or cuts.
No way to verify it.
394
00:28:17,462 --> 00:28:19,454
You just spilled your guts.
395
00:28:21,633 --> 00:28:24,762
You know how to read
a rap sheet, don't you?
396
00:28:24,803 --> 00:28:27,637
Five arrests, three convictions.
397
00:28:28,974 --> 00:28:30,943
So you're a loser. So...?
398
00:28:30,976 --> 00:28:33,741
So, no guilty pleas.
399
00:28:36,982 --> 00:28:39,042
Two years ago, I
got popped in Jersey.
400
00:28:39,084 --> 00:28:41,883
A missing semi-trailer
full of microwaves.
401
00:28:43,822 --> 00:28:46,724
A sergeant questions
me with a cigar.
402
00:28:47,993 --> 00:28:51,020
I didn't talk then, either.
403
00:28:51,063 --> 00:28:53,123
But this son of...
404
00:28:54,766 --> 00:28:56,758
And that sound...
405
00:28:59,338 --> 00:29:01,330
"click."
406
00:29:05,544 --> 00:29:06,910
The guy was brought in,
407
00:29:06,945 --> 00:29:10,905
Sergeant Cerreta Mirandized
him, he duly confessed.
408
00:29:10,949 --> 00:29:12,577
That doesn't undo the damage.
409
00:29:12,618 --> 00:29:15,247
What damage? You were
there yourself, for crying out loud!
410
00:29:15,287 --> 00:29:17,984
- You see anything screwy?
- Not in the interrogation room.
411
00:29:18,023 --> 00:29:21,425
Can I cut in on this tap dance?
We're talking about the alley, right?
412
00:29:21,460 --> 00:29:24,089
What's the difference? You
have a signed confession.
413
00:29:24,129 --> 00:29:26,257
I get the feeling we're
not getting the whole truth.
414
00:29:30,969 --> 00:29:33,598
- Well, Mike?
- Well, what?
415
00:29:33,639 --> 00:29:36,108
I asked the guy about
Max, he blurted it out.
416
00:29:36,141 --> 00:29:38,576
Did you help him? Did you?
417
00:29:41,813 --> 00:29:43,611
What I am asking you, Detective,
418
00:29:43,649 --> 00:29:47,381
is did you threaten Mr. Magadan
in order to obtain information?
419
00:29:47,419 --> 00:29:49,945
- I pressured him, okay?
- Mike...
420
00:29:49,988 --> 00:29:53,117
What the hell is this? You
expect me to sit on my ass
421
00:29:53,158 --> 00:29:55,150
while my partner's
killer walks around free?!
422
00:29:55,193 --> 00:29:58,527
Either way, that is exactly
what is going to happen.
423
00:29:58,563 --> 00:30:00,794
Because if the first
confession is coerced,
424
00:30:00,832 --> 00:30:02,960
then so is the
second, and the third...
425
00:30:03,001 --> 00:30:05,766
no matter how many times
you Mirandize the suspect.
426
00:30:05,804 --> 00:30:07,739
Coercion is a judgment call.
427
00:30:07,773 --> 00:30:09,969
My guy never laid a
glove on the son of a bitch.
428
00:30:10,008 --> 00:30:12,978
That doesn't matter. If he
coerced the first confession,
429
00:30:13,011 --> 00:30:15,480
it is still "fruit of
the poisonous tree."
430
00:30:15,514 --> 00:30:18,814
What "fruit"? What's it
some stupid technicality?
431
00:30:18,850 --> 00:30:21,149
Perhaps you can explain
the concept to your men,
432
00:30:21,186 --> 00:30:23,712
so they don't let
another cop killer walk.
433
00:30:26,658 --> 00:30:30,823
I doubt if Max Greevey would've
considered it a "technicality."
434
00:30:35,200 --> 00:30:37,169
So Stone's holding
you responsible
435
00:30:37,202 --> 00:30:39,831
for Magadan
possibly getting off.
436
00:30:39,871 --> 00:30:41,840
You think that's fair?
437
00:30:42,374 --> 00:30:44,172
No, I don't.
438
00:30:44,209 --> 00:30:46,371
But I don't give a
damn what he thinks.
439
00:30:47,546 --> 00:30:50,015
- That's not
what I asked you.
- It's not?
440
00:30:51,550 --> 00:30:55,851
What I'm asking is, do you
feel it's a fair assessment?
441
00:30:55,887 --> 00:31:00,188
You mean, do I feel responsible
for Max getting blown away?
442
00:31:00,225 --> 00:31:03,457
Maybe, if I'd gone home
with him, you know?
443
00:31:03,495 --> 00:31:05,623
Maybe he wouldn't
have gotten zipped.
444
00:31:07,666 --> 00:31:11,535
Maybe I just should've stepped
in front of that bullet myself, right?
445
00:31:24,349 --> 00:31:27,478
No, I don't feel responsible.
446
00:31:28,520 --> 00:31:30,853
I feel incredibly...
447
00:31:32,691 --> 00:31:34,717
angry.
448
00:31:39,364 --> 00:31:41,560
That one of your "seven stages"?
449
00:31:46,037 --> 00:31:48,029
Great.
450
00:31:49,374 --> 00:31:52,003
This is a statement
which Detective Logan
451
00:31:52,043 --> 00:31:54,012
gave voluntarily
to the investigators
452
00:31:54,045 --> 00:31:55,673
of the Internal
Affairs Division.
453
00:31:55,714 --> 00:31:59,207
Please read it over, Mr. McAnally,
and advise your client.
454
00:31:59,251 --> 00:32:03,120
Now, Don, where are we going to
assign him until this thing is resolved?
455
00:32:03,155 --> 00:32:06,785
Temp desk. Plus he's got
some vacation time coming.
456
00:32:08,493 --> 00:32:11,292
You don't expect the lad to
sign this right here now, I hope?
457
00:32:11,329 --> 00:32:13,093
He and I have got
some conferring to do.
458
00:32:13,131 --> 00:32:15,965
Come on... what am I,
the stiff at my own funeral?
459
00:32:16,001 --> 00:32:17,970
"Aw, poor Mike, he
looks so lifelike..."
460
00:32:18,003 --> 00:32:19,631
Come on, cool
it, Mike. What for?
461
00:32:19,671 --> 00:32:22,266
Everybody's acting like
I'm the one that's dead.
462
00:32:23,341 --> 00:32:25,867
"Menacing."
463
00:32:25,911 --> 00:32:28,142
You're charging me with
a class B misdemeanor?
464
00:32:28,180 --> 00:32:30,513
We are not charging
you with anything yet,
465
00:32:30,549 --> 00:32:33,815
but I do suggest you
talk to your captain here
466
00:32:33,852 --> 00:32:37,152
about the odds on your losing
your pension and your badge,
467
00:32:37,189 --> 00:32:39,200
and the possibility of a million
dollar lawsuit against you
468
00:32:39,224 --> 00:32:41,420
for violating
Mr. Magadan's civil rights.
469
00:32:41,460 --> 00:32:44,123
His civil rights?!
470
00:32:45,197 --> 00:32:47,291
What about Max's civil rights?
471
00:32:47,332 --> 00:32:49,927
This is not a case of
ends justifying the means.
472
00:32:49,968 --> 00:32:52,494
Of course it is,
and you know it.
473
00:32:52,537 --> 00:32:54,233
You know it, because you do
474
00:32:54,272 --> 00:32:56,832
the exact same thing
every day of the week.
475
00:32:56,875 --> 00:32:59,003
You threaten to send them away,
476
00:32:59,044 --> 00:33:02,310
or whisper their dirty little secrets
to their wives or their bosses.
477
00:33:02,347 --> 00:33:04,063
You threaten to screw
up their lives just so
478
00:33:04,087 --> 00:33:05,787
you can get a little
information from them.
479
00:33:05,817 --> 00:33:09,686
I didn't do it at gunpoint,
Detective. There's a big difference.
480
00:33:13,825 --> 00:33:16,920
Mike, as your PBA attorney, I
must advise you not to sign...
481
00:33:16,962 --> 00:33:17,986
Why not?
482
00:33:22,000 --> 00:33:23,992
It's the truth.
483
00:33:33,011 --> 00:33:34,980
Just lucky that
this isn't L.A...
484
00:33:35,013 --> 00:33:37,141
Everybody walks around
with a video camera.
485
00:33:37,182 --> 00:33:40,584
What's the point? He never
physically injured the guy.
486
00:33:40,619 --> 00:33:42,144
The best we can do is menacing.
487
00:33:42,187 --> 00:33:45,487
- It's a B misdemeanor.
- For blowing our case?!
488
00:33:45,524 --> 00:33:48,153
I'd bust him for reckless
endangerment if I could.
489
00:33:48,193 --> 00:33:50,526
Stone: I thought of that.
But his partner was killed.
490
00:33:50,562 --> 00:33:52,656
No jury would convict.
491
00:33:52,697 --> 00:33:56,566
Any chance of arguing the
confession wasn't coerced?
492
00:33:56,601 --> 00:34:01,266
- With a gun to his head?
- The man is a suspect
in a cop killing!
493
00:34:01,306 --> 00:34:04,504
- If Logan saw a gun...
- Adam, there was no gun.
494
00:34:04,543 --> 00:34:06,842
There's no nothing.
Every piece of evidence,
495
00:34:06,878 --> 00:34:09,279
every statement is tainted
by Logan's reckless action.
496
00:34:09,314 --> 00:34:10,805
It's all useless.
497
00:34:15,153 --> 00:34:17,554
A guy kills a cop. Catch him...
498
00:34:17,589 --> 00:34:20,957
and we can't close.
Hell of a system.
499
00:34:22,794 --> 00:34:26,925
Talk to Logan. Maybe
Magadan said something
500
00:34:26,965 --> 00:34:30,595
before he pulled his
little stunt with the .38.
501
00:34:32,170 --> 00:34:35,299
Logan: His father told me where
he was. I took him by surprise.
502
00:34:35,340 --> 00:34:37,070
It hasn't changed
since yesterday, Paul.
503
00:34:38,276 --> 00:34:40,268
Hey, we're on the same side.
504
00:34:42,781 --> 00:34:47,116
What about the initial investigation?
Can we get him on anything else?
505
00:34:50,789 --> 00:34:52,781
Magadan's name never came up.
506
00:34:53,792 --> 00:34:56,990
Look, we got the owner of
the company on the ropes.
507
00:34:57,028 --> 00:34:58,758
Anything we can use there?
508
00:35:00,031 --> 00:35:02,660
Morgan Stern was one of the
heavies in the copper scam,
509
00:35:02,701 --> 00:35:04,727
but we weren't
able to get to him.
510
00:35:06,471 --> 00:35:09,873
We were waiting for Judge
Merlis to sign search warrant apps
511
00:35:09,908 --> 00:35:11,900
for half a dozen
construction sites.
512
00:35:11,943 --> 00:35:14,344
Are they still unsigned?
513
00:35:14,379 --> 00:35:17,611
Due out the day
after Max went down.
514
00:35:19,484 --> 00:35:21,612
You may be a hero after all.
515
00:35:22,821 --> 00:35:24,813
Yeah, right.
516
00:35:27,993 --> 00:35:31,088
We're arguing what if,
basically. It's a pretty big if.
517
00:35:31,129 --> 00:35:34,395
No, we're arguing inevitability. The
first batch of unsigned search warrants
518
00:35:34,432 --> 00:35:37,027
are very much apropos to
the grand jury investigation.
519
00:35:37,068 --> 00:35:40,800
And had they been
signed, Cerreta and Logan
520
00:35:40,839 --> 00:35:44,367
could have used the task force
warrants to confiscate the gun?
521
00:35:44,409 --> 00:35:48,813
Making any search warrant springing
from the coerced confessions unnecessary.
522
00:35:48,847 --> 00:35:51,817
Either way, we
would've found the gun.
523
00:35:51,850 --> 00:35:54,479
That's going to take
a lot of fast talking.
524
00:35:54,519 --> 00:35:56,818
And we get the
calendar against us.
525
00:35:56,855 --> 00:36:00,656
We draw the wrong judge,
we're in too deep to tread water.
526
00:36:00,692 --> 00:36:03,423
Then it's sink or swim.
527
00:36:04,462 --> 00:36:06,795
We got a choice?
528
00:36:06,831 --> 00:36:08,697
No.
529
00:36:14,472 --> 00:36:16,566
The gun is the fruit of
the coerced confession.
530
00:36:16,608 --> 00:36:18,600
It must be excluded.
531
00:36:18,643 --> 00:36:20,441
Tainted evidence is admissible
532
00:36:20,478 --> 00:36:24,245
if it would inevitably have been
found by other police techniques.
533
00:36:24,282 --> 00:36:25,722
And the Fourth
Amendment is obsolete?
534
00:36:25,750 --> 00:36:28,447
It is the exception to
the exclusionary rule.
535
00:36:28,486 --> 00:36:31,456
Now, the task force
applied for a search warrant
536
00:36:31,489 --> 00:36:33,617
during the grand jury
investigation of corruption
537
00:36:33,658 --> 00:36:35,684
and before Detective
Greevey was murdered.
538
00:36:35,727 --> 00:36:38,526
- It was never signed.
- Inevitably, it would have been.
539
00:36:38,563 --> 00:36:42,125
It's very specific, Your Honor. It
covers cash, documents and weapons.
540
00:36:42,167 --> 00:36:43,863
No doubt we would
have found that gun.
541
00:36:43,902 --> 00:36:46,030
Your Honor, he
is "bootstrapping."
542
00:36:46,071 --> 00:36:49,132
His entire evidence string was
poisoned by the coerced confession.
543
00:36:49,174 --> 00:36:51,302
Now he's begging
for another way in.
544
00:36:51,342 --> 00:36:54,141
Supreme Court's
stance on the scope
545
00:36:54,179 --> 00:36:56,614
of warrants is much
looser than it's ever been.
546
00:36:56,648 --> 00:36:59,482
Given the recent
Fulminante decision...
547
00:37:02,620 --> 00:37:05,089
I'm gonna have to allow
the gun into evidence.
548
00:37:05,123 --> 00:37:06,955
- Your Honor!
- But...
549
00:37:06,991 --> 00:37:10,758
any reference whatsoever
to Mr. Magadan's confession
550
00:37:10,795 --> 00:37:14,425
and I declare a mistrial
before Mr. Lambrusco here
551
00:37:14,466 --> 00:37:18,096
even thinks about
objecting. Understood?
552
00:37:18,136 --> 00:37:21,129
We found out the gun
was located in a trailer
553
00:37:21,172 --> 00:37:24,609
at a construction site
on West 51st Street.
554
00:37:24,642 --> 00:37:27,271
- Did you obtain
a warrant for the site?
- Yes, we did.
555
00:37:27,312 --> 00:37:31,443
And when we arrived we discovered
the gun at the specified trailer.
556
00:37:31,483 --> 00:37:33,452
Stone: To whom was
the gun registered?
557
00:37:33,485 --> 00:37:36,785
Morgan Stern, the
defendant's employer.
558
00:37:36,821 --> 00:37:39,086
The permit limits use of the gun
559
00:37:39,124 --> 00:37:41,150
to the construction site only.
560
00:37:41,192 --> 00:37:43,627
For purposes of
security, I presume?
561
00:37:43,661 --> 00:37:47,291
- I would guess.
- Thank you. No more questions.
562
00:37:49,000 --> 00:37:53,700
Let's stay with this
famous gun, Detective.
563
00:37:53,738 --> 00:37:56,037
Now you testified
564
00:37:56,074 --> 00:37:58,976
that you didn't find it on
Mr. Magadan when you arrested him?
565
00:38:00,645 --> 00:38:02,637
That's correct.
566
00:38:02,680 --> 00:38:06,242
Did you recover any weapons
at all from Mr. Magadan's person?
567
00:38:06,284 --> 00:38:08,014
No, he was unarmed.
568
00:38:09,387 --> 00:38:13,415
Now, at that moment when you first
confronted Mr. Magadan in that alley,
569
00:38:13,458 --> 00:38:17,020
did you consider him to
be a witness or a suspect?
570
00:38:23,968 --> 00:38:26,028
He wasn't immediately arrested.
571
00:38:26,070 --> 00:38:28,767
And yet you placed
him under arrest
572
00:38:28,807 --> 00:38:31,367
just a few moments
later, did you not?
573
00:38:32,710 --> 00:38:34,702
Yes, I did.
574
00:38:44,923 --> 00:38:48,485
I was at the site checking
on some invoices.
575
00:38:48,526 --> 00:38:50,893
Danny showed up, he
was surprised to see me.
576
00:38:50,929 --> 00:38:53,455
Did he have the
gun when he arrived?
577
00:38:53,498 --> 00:38:55,490
It was dark,
578
00:38:55,533 --> 00:38:57,968
but he seemed to
be hiding something.
579
00:38:58,002 --> 00:39:00,130
Could you describe
what that something was?
580
00:39:00,171 --> 00:39:02,231
It was pretty
obvious it was a gun.
581
00:39:02,273 --> 00:39:04,572
Did Mr. Magadan say anything?
582
00:39:04,609 --> 00:39:08,239
He was sweaty,
kind of whacked out.
583
00:39:08,279 --> 00:39:11,113
I asked him what was up,
he said, "The grand jury thing."
584
00:39:11,149 --> 00:39:14,847
He was terrified that they were going
to look into Inspector Janklow's death.
585
00:39:14,886 --> 00:39:16,479
Objection... hearsay!
586
00:39:16,521 --> 00:39:19,081
Statement against penal
interest, Your Honor.
587
00:39:19,123 --> 00:39:21,092
Judge: Overruled.
588
00:39:21,125 --> 00:39:23,117
What else did he say?
589
00:39:23,161 --> 00:39:25,653
He said he "took care of our
problem" with the grand jury.
590
00:39:25,697 --> 00:39:27,723
Objection, Your Honor, hearsay.
591
00:39:27,765 --> 00:39:29,757
Overruled. Same
reason as before.
592
00:39:29,801 --> 00:39:31,702
Stone: Your witness.
593
00:39:32,971 --> 00:39:34,769
So you never actually
saw Mr. Magadan
594
00:39:34,806 --> 00:39:36,604
with a weapon that evening, hm?
595
00:39:36,641 --> 00:39:38,769
No, I said I thought
it was obvious.
596
00:39:38,810 --> 00:39:40,972
Isn't it true that you were
597
00:39:41,012 --> 00:39:43,948
among the targets of that
secret grand jury, Mr. Stern?
598
00:39:43,982 --> 00:39:46,281
- I have no idea.
- Oh, no?
599
00:39:46,317 --> 00:39:48,445
Didn't you make a deal
with the District Attorney
600
00:39:48,486 --> 00:39:50,614
for immunity against
those indictments
601
00:39:50,655 --> 00:39:52,783
if you agreed to testify
against Mr. Magadan?
602
00:39:54,158 --> 00:39:55,592
Yeah... yes.
603
00:39:55,627 --> 00:40:00,361
So in other words, before this
arrangement with the District Attorney,
604
00:40:00,398 --> 00:40:02,629
you had just as much
motive as Mr. Magadan
605
00:40:02,667 --> 00:40:04,966
to keep Detective
Greevey from testifying.
606
00:40:05,003 --> 00:40:06,631
I'm not crazy
enough to kill a cop.
607
00:40:06,671 --> 00:40:08,970
It was your gun!
You had access to it.
608
00:40:09,007 --> 00:40:10,976
You certainly had opportunity.
609
00:40:11,009 --> 00:40:13,478
And by your own
testimony, Mr. Magadan said
610
00:40:13,511 --> 00:40:16,481
that he had taken care of "your
problem with the grand jury"...
611
00:40:16,514 --> 00:40:17,880
Meaning yours as well as his,
612
00:40:17,916 --> 00:40:20,317
- now isn't that correct?
- I didn't kill that guy.
613
00:40:20,351 --> 00:40:22,650
Everybody knows
that Danny copped to it.
614
00:40:22,687 --> 00:40:25,521
The cop's partner put a gun
in his ear, and he lost his water.
615
00:40:25,556 --> 00:40:28,617
Your Honor, I move for
an immediate mistrial.
616
00:40:28,660 --> 00:40:30,424
Your Honor, may we recess?
617
00:40:30,461 --> 00:40:33,556
Court is in recess.
618
00:40:35,199 --> 00:40:37,327
- What's going on here?
- It was his question
619
00:40:37,368 --> 00:40:39,146
that elicited the reference
to the confession.
620
00:40:39,170 --> 00:40:40,661
And your damn witness!
621
00:40:40,705 --> 00:40:43,436
Are you suggesting he
was coached to let it slip out?
622
00:40:43,474 --> 00:40:45,136
What the hell difference
does it make now?
623
00:40:45,176 --> 00:40:47,907
Drop the histrionics.
Just give me the law.
624
00:40:47,946 --> 00:40:50,279
And make it brief, gentlemen.
625
00:40:55,386 --> 00:40:57,355
What the Supreme
Court said recently
626
00:40:57,388 --> 00:40:59,357
in the Fulminante
case is to the point.
627
00:40:59,390 --> 00:41:01,256
Yes, the confession is coerced;
628
00:41:01,292 --> 00:41:03,818
yes, the jury heard about it;
629
00:41:03,861 --> 00:41:06,194
no, we needn't
throw the case out.
630
00:41:06,230 --> 00:41:10,258
So we all fall back to the Dark Ages
because of the Fulminante decision?
631
00:41:10,301 --> 00:41:11,963
What do you suggest?
632
00:41:12,003 --> 00:41:15,405
That we find some guy in Milwaukee
with body parts in this freezer
633
00:41:15,440 --> 00:41:18,103
and let him walk because
some cop got too rough with him?
634
00:41:18,142 --> 00:41:20,737
That is hardly pertinent,
Ben, and you know it.
635
00:41:20,778 --> 00:41:23,543
The hell it isn't! The Supreme
Court's decision is based
636
00:41:23,581 --> 00:41:27,677
on the belief that the jury can be
instructed to disregard certain remarks.
637
00:41:27,719 --> 00:41:30,120
You warned him
yourself, Judge...
638
00:41:30,154 --> 00:41:32,988
"One mention of the confession
and I'll throw the case out."
639
00:41:33,024 --> 00:41:34,515
And that was
directed to both of us.
640
00:41:34,559 --> 00:41:38,291
I know what I said, gentlemen.
641
00:41:38,329 --> 00:41:41,163
And I am familiar with the law.
642
00:41:41,199 --> 00:41:42,997
That's enough for today.
643
00:41:43,034 --> 00:41:45,526
I'll have a decision
tomorrow morning.
644
00:41:48,039 --> 00:41:50,338
Judge: I've made
my ruling, Counselor.
645
00:41:50,375 --> 00:41:53,937
You're guaranteeing a
conviction. Why bother...
646
00:41:53,978 --> 00:41:55,970
Why bother following
the guidelines
647
00:41:56,014 --> 00:41:58,506
of the Supreme Court of the
United States, Mr. Lambrusco?
648
00:41:58,549 --> 00:42:03,487
Those guidelines violate my
client's right against self-incrimination.
649
00:42:03,521 --> 00:42:07,720
Last year's "automatic mistrial"
is this year's "harmless error."
650
00:42:07,759 --> 00:42:11,526
The Supreme Court has
spoken, Mr. Lambrusco.
651
00:42:12,663 --> 00:42:14,495
Now, it's the law of the land.
652
00:42:14,532 --> 00:42:17,297
Bottom line, Counselor...
653
00:42:17,335 --> 00:42:21,466
In addition to whatever else
the prosecution can prove,
654
00:42:21,506 --> 00:42:24,135
your client is
guilty of bad timing.
655
00:42:25,610 --> 00:42:28,170
Defense motion for
a mistrial is denied.
656
00:42:28,212 --> 00:42:29,790
Thank you, Your Honor.
657
00:42:29,814 --> 00:42:34,275
Give me 10 minutes,
then bring in the jury.
658
00:42:34,318 --> 00:42:37,652
Stone: The world in which
Daniel Magadan Jr. lives
659
00:42:37,688 --> 00:42:39,782
has a very simple
set of rules...
660
00:42:39,824 --> 00:42:42,817
"You buy three
truckloads of cement,
661
00:42:42,860 --> 00:42:44,886
you pay for two.
662
00:42:44,929 --> 00:42:48,263
An honest building inspector
discovers your pattern
663
00:42:48,299 --> 00:42:51,133
of extortion and
illegal payoffs,
664
00:42:51,169 --> 00:42:55,607
you toss him 60
stories onto 48th Street.
665
00:42:56,874 --> 00:42:59,343
A police officer
testifies against you,
666
00:42:59,377 --> 00:43:01,346
you put three bullets in him."
667
00:43:03,815 --> 00:43:05,613
The law has a set of rules, too.
668
00:43:05,650 --> 00:43:09,280
Not simple, but
ultimately unequivocal...
669
00:43:09,320 --> 00:43:13,587
"You kill a cop, you go to jail.
670
00:43:13,624 --> 00:43:15,957
You don't get out."
671
00:43:17,662 --> 00:43:20,291
Bailiff: All rise, the Court
of the Judge Manual Leon
672
00:43:20,331 --> 00:43:21,993
is now in session.
673
00:43:25,336 --> 00:43:27,202
Be seated.
674
00:43:29,640 --> 00:43:33,270
Technically, Mr. Magadan...
675
00:43:33,311 --> 00:43:36,145
you have been found guilty
of murder in the first degree,
676
00:43:36,180 --> 00:43:38,411
which is reserved
for the killing
677
00:43:38,449 --> 00:43:40,281
of a police officer
in the line of duty.
678
00:43:40,318 --> 00:43:43,846
The death penalty having
been held unconstitutional
679
00:43:43,888 --> 00:43:45,914
by our court of
appeals in Albany,
680
00:43:45,957 --> 00:43:48,756
renders me powerless
to sentence you
681
00:43:48,793 --> 00:43:51,854
to the punishment
you so richly deserve.
682
00:43:51,896 --> 00:43:54,491
The Court therefore
sentences you
683
00:43:54,532 --> 00:43:59,163
to a term of 25 years
to life imprisonment.
684
00:44:01,038 --> 00:44:03,701
The People have recommended
the severest limitation
685
00:44:03,741 --> 00:44:06,540
for any possibility of parole.
686
00:44:08,646 --> 00:44:10,911
And I see no reason to disagree.
687
00:44:16,187 --> 00:44:19,180
Maybe life wasn't
enough of a sentence.
688
00:44:21,159 --> 00:44:23,526
It's what the law allows.
689
00:44:23,561 --> 00:44:25,553
I can live with it.
690
00:44:29,667 --> 00:44:32,398
I know I went over the line.
691
00:44:33,838 --> 00:44:36,330
I was down on
myself for a while,
692
00:44:37,008 --> 00:44:39,534
even though I... you
know, I tried to rationalize it.
693
00:44:45,016 --> 00:44:47,508
I have to find a way...
694
00:44:47,552 --> 00:44:50,044
to forgive myself.
695
00:44:51,355 --> 00:44:54,792
Acceptance, Logan. That's the...
696
00:44:54,825 --> 00:44:59,092
Yeah... that's the
last stage, right?
697
00:45:07,138 --> 00:45:09,334
Max is dead.
698
00:45:10,808 --> 00:45:13,004
I accept it.
699
00:45:14,145 --> 00:45:16,979
But I'll never
accept it, you know?55049
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