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Narrator: In the criminal justice
system, the people are represented
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00:00:05,906 --> 00:00:08,307
by two separate yet
equally important groups...
3
00:00:08,342 --> 00:00:10,208
The police who
investigate crime,
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00:00:10,244 --> 00:00:13,214
and the district attorneys
who prosecute the offenders.
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00:00:13,247 --> 00:00:15,079
These are their stories.
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00:00:16,283 --> 00:00:18,218
Man: Mrs. Schwinger,
bag on the fourth floor,
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00:00:18,252 --> 00:00:20,483
has been complaining
three times a day.
8
00:00:20,521 --> 00:00:23,685
So it's slow. What's
her rush, anyway?
9
00:00:23,724 --> 00:00:26,558
- It's not the controls.
- Gears?
10
00:00:26,593 --> 00:00:28,687
Or the brakes jamming.
It's probably kids.
11
00:00:28,729 --> 00:00:30,425
Bozos call it elevator surfing.
12
00:00:30,464 --> 00:00:33,957
Ride the tops, jump from one to
the other. Give me your flashlight.
13
00:00:34,001 --> 00:00:36,561
I just don't want any lawsuits.
14
00:00:38,171 --> 00:00:41,403
I been here 12
years. Never opened.
15
00:00:42,776 --> 00:00:45,473
I'm going to have to take
it down to the basement.
16
00:00:45,512 --> 00:00:47,981
Lower it slow.
17
00:00:49,016 --> 00:00:52,509
- You Local 196?
- Wouldn't work if I wasn't.
18
00:00:52,553 --> 00:00:55,113
My brother-in-law,
20 years of dues.
19
00:00:55,155 --> 00:00:57,852
- Now he's in St. Thomas...
- Oh my God!
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00:00:58,859 --> 00:01:00,851
Stop the damn thing!
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00:01:08,969 --> 00:01:10,733
Now this is very preliminary.
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00:01:10,771 --> 00:01:13,297
- Cerreta: We're listening.
- Death by strangulation.
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00:01:13,340 --> 00:01:16,504
Looks like a wire. Pre-mortem
cuts and abrasions on the face.
24
00:01:16,543 --> 00:01:20,105
- So she fought back.
- I bagged her hands in case
there's anything under her nails.
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00:01:20,147 --> 00:01:23,640
She's partially out of rigor. Say
she's been dead 24 to 36 hours.
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00:01:23,684 --> 00:01:25,744
Monday night.
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00:01:25,786 --> 00:01:27,550
Mr. Hellman?
28
00:01:29,356 --> 00:01:30,984
Have you ever seen her before?
29
00:01:31,024 --> 00:01:33,425
Yeah. Judy Bream. 3B.
30
00:01:33,460 --> 00:01:35,156
She live alone?
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00:01:35,195 --> 00:01:37,687
- Yeah, alone.
- Cerreta: Here's what I wantyou to do.
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00:01:37,731 --> 00:01:40,132
First, I want you to let those
men into Judy's apartment,
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00:01:40,167 --> 00:01:42,636
then later I'm going to
have some questions for you.
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00:01:42,669 --> 00:01:44,535
Yeah.
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00:01:44,571 --> 00:01:47,439
This sound familiar?
Young woman, nude,
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00:01:47,474 --> 00:01:49,966
strangled with wire,
duct tape on her face,
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00:01:50,010 --> 00:01:52,104
body tossed like garbage?
38
00:01:52,145 --> 00:01:54,637
East River Park, six months ago.
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00:01:54,681 --> 00:01:56,616
Same guy? Could be.
40
00:01:56,650 --> 00:01:59,984
That'd be number
two in a series of...
41
00:02:00,020 --> 00:02:02,353
It depends on how late in
his game we're coming in.
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00:03:39,052 --> 00:03:40,987
She was a grad
student at Columbia.
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00:03:41,021 --> 00:03:43,650
Some kind of
ancient history, I think.
44
00:03:43,690 --> 00:03:46,057
Moved in about a
year and a half ago.
45
00:03:46,093 --> 00:03:50,155
Her family lives in Hartford.
Old man co-signed the lease.
46
00:03:50,197 --> 00:03:52,598
What kind of tenant
was she? A doll.
47
00:03:52,632 --> 00:03:54,863
If they were all like her...
48
00:03:54,901 --> 00:03:57,962
- What about boyfriends?
- I don't keep track.
49
00:03:58,004 --> 00:04:00,030
Anyway, when you're
young and beautiful,
50
00:04:00,073 --> 00:04:01,871
who wants to be alone?
51
00:04:01,908 --> 00:04:03,843
Tell me about
this building, okay?
52
00:04:03,877 --> 00:04:06,108
Anybody hanging
around who didn't belong?
53
00:04:06,146 --> 00:04:08,308
On the Upper West
Side? You want 'em all,
54
00:04:08,348 --> 00:04:10,874
or just the ones that
talk to themselves?
55
00:04:13,587 --> 00:04:15,488
No sign of forcible entry.
56
00:04:15,522 --> 00:04:18,117
Must've been somebody
she knew or expected.
57
00:04:18,158 --> 00:04:20,150
There's nothing
about it in here.
58
00:04:20,193 --> 00:04:23,721
This whole week's marked
off as being in Connecticut.
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00:04:23,764 --> 00:04:26,256
Her folks live in Hartford.
60
00:04:26,299 --> 00:04:29,394
Last couple of months,
two doctors visits,
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00:04:29,436 --> 00:04:31,837
a paper, three exams,
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00:04:31,872 --> 00:04:33,864
one potluck dinner.
63
00:04:35,108 --> 00:04:37,100
Found it on the
floor near the bed.
64
00:04:37,144 --> 00:04:39,306
Wrapper for a
Polaroid cartridge.
65
00:04:39,346 --> 00:04:41,747
- She have a camera?
- Didn't find one.
66
00:04:41,782 --> 00:04:44,251
Think our boy is a shutterbug?
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00:04:44,284 --> 00:04:47,311
Some are. Helps them to
remember the good times.
68
00:04:53,026 --> 00:04:55,052
Let's hope this
is a coincidence.
69
00:04:55,095 --> 00:04:58,156
I don't think so. We turned up a
third vic three months ago in Queens.
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00:04:58,198 --> 00:05:00,793
All three taped, strangled,
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00:05:00,834 --> 00:05:02,393
pfft... tossed.
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00:05:02,435 --> 00:05:05,496
- Rape?
- No evidence of penetration.
73
00:05:05,539 --> 00:05:08,737
Three kills in six months.
Slow but consistent.
74
00:05:08,775 --> 00:05:10,869
Oh, man.
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00:05:12,813 --> 00:05:14,406
All right,
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00:05:14,447 --> 00:05:17,007
nothing to encourage this
guy to pick up the pace.
77
00:05:17,050 --> 00:05:18,951
No press. I want to
keep this off the books.
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00:05:18,985 --> 00:05:21,352
Anything you need,
you come directly to me.
79
00:05:21,388 --> 00:05:23,823
Did he leave us
anything at all to go on?
80
00:05:23,857 --> 00:05:27,385
Autopsy report...
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00:05:27,427 --> 00:05:29,623
says digestion on
her stomach contents
82
00:05:29,663 --> 00:05:32,895
puts the time of death between
7:00 and 8:00 Monday night.
83
00:05:32,933 --> 00:05:35,334
Other than that, we got nada.
84
00:05:35,368 --> 00:05:37,428
No prints, no fluids, no hairs.
85
00:05:37,470 --> 00:05:39,496
Regular Angel of Death.
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00:05:39,539 --> 00:05:43,067
The last one, Judy Bream, he
tossed her down the elevator shaft.
87
00:05:43,109 --> 00:05:44,407
And?
88
00:05:44,444 --> 00:05:48,848
- You need a special key.
- Elevator repairmen, firemen,
electricians...
89
00:05:48,882 --> 00:05:51,784
So that narrows it down to
what, about 100,000 suspects?
90
00:05:51,818 --> 00:05:53,912
Hey, the guys in
Brooklyn were lucky, huh?
91
00:05:53,954 --> 00:05:55,946
They got the Son of
Sam on parking tickets.
92
00:05:55,989 --> 00:05:58,618
Yeah, six months
and six bodies later.
93
00:06:00,627 --> 00:06:02,687
What?
94
00:06:02,729 --> 00:06:05,221
Yeah. Thanks.
95
00:06:07,234 --> 00:06:09,328
The Breams are outside.
96
00:06:10,503 --> 00:06:12,904
- You want to do it in here?
- No.
97
00:06:12,939 --> 00:06:14,965
Let's take an
interrogation room.
98
00:06:24,317 --> 00:06:28,254
I told her she'd be safer in
one of the university residences.
99
00:06:28,288 --> 00:06:31,986
But... she knew better.
100
00:06:32,025 --> 00:06:34,324
Had to have her own place.
101
00:06:36,196 --> 00:06:39,064
Judy was never
afraid of anything.
102
00:06:39,099 --> 00:06:41,295
Not even as a child.
103
00:06:43,703 --> 00:06:47,572
We know that Judy was supposed
to spend the week with you.
104
00:06:48,875 --> 00:06:51,310
Was there any reason that
those plans were changed?
105
00:06:51,344 --> 00:06:53,472
She got a call...
106
00:06:53,513 --> 00:06:55,880
Sunday afternoon
up at our house.
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00:06:55,916 --> 00:06:59,648
Someone... connected
with her building.
108
00:07:00,954 --> 00:07:04,254
I-I heard her call him Mr. Cook.
109
00:07:04,291 --> 00:07:06,351
Uh...
110
00:07:06,393 --> 00:07:08,225
some work had to be done.
111
00:07:09,729 --> 00:07:11,630
Do you know what kind of work?
112
00:07:14,501 --> 00:07:16,868
Something electrical.
113
00:07:16,903 --> 00:07:18,895
With the wiring.
114
00:07:27,914 --> 00:07:29,906
They had to move the furniture.
115
00:07:31,251 --> 00:07:33,311
At least that's what Judy said.
116
00:07:36,923 --> 00:07:39,119
Would Judy have told
the building manager
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00:07:39,159 --> 00:07:40,991
how to reach her
up in Connecticut?
118
00:07:41,027 --> 00:07:44,088
No, she didn't have to.
Calls were forwarded.
119
00:07:45,432 --> 00:07:48,732
Her phone, was
it... Was it listed?
120
00:07:50,603 --> 00:07:52,094
No.
121
00:07:53,940 --> 00:07:55,932
I thought it would be safer.
122
00:07:57,944 --> 00:08:00,072
All three were killed
in their apartments.
123
00:08:00,113 --> 00:08:03,015
But the first two were dumped
at least a half a mile away,
124
00:08:03,049 --> 00:08:05,712
while Judy Bream was
left in her building. Why?
125
00:08:05,752 --> 00:08:08,347
He's in a rush. Couldn't
get her out of the building.
126
00:08:08,388 --> 00:08:11,017
It would be easier to leave
them in their apartments.
127
00:08:11,057 --> 00:08:13,185
He does it, Phil. It's
got to mean something.
128
00:08:13,226 --> 00:08:15,354
What? Power? Degradation?
129
00:08:15,395 --> 00:08:18,058
- A sense of finality?
- Logan: Okay, thanks.
130
00:08:18,098 --> 00:08:20,363
Well, if this guy
knew these girls,
131
00:08:20,400 --> 00:08:22,528
it wasn't because he
changed their fuses.
132
00:08:22,569 --> 00:08:26,097
Their buildings were serviced by
three different electrical contractors.
133
00:08:26,139 --> 00:08:28,108
There's got to be a
connection somewhere.
134
00:08:28,141 --> 00:08:31,111
He picks these
girls. Volunteer work.
135
00:08:31,144 --> 00:08:33,545
Judy Bream did
three hours a week
136
00:08:33,580 --> 00:08:36,049
at the Stuart Counseling
Center in the Bronx.
137
00:08:36,082 --> 00:08:38,711
Debra Beckett did United
Way every Christmas,
138
00:08:38,752 --> 00:08:40,721
couple of times a
year at a soup kitchen.
139
00:08:40,754 --> 00:08:42,723
Sandy Markham, no charity work.
140
00:08:42,756 --> 00:08:44,384
Lots of political.
141
00:08:44,424 --> 00:08:46,825
Canvassed for
Senator Peppino in '90.
142
00:08:48,094 --> 00:08:51,394
Registered "Not Interested."
143
00:08:51,431 --> 00:08:53,423
State politics in Connecticut.
144
00:08:53,466 --> 00:08:54,900
Sport club membership,
145
00:08:54,934 --> 00:08:57,096
Columbia Athletic,
racquetball every day.
146
00:08:57,137 --> 00:08:59,572
Mine goes to the downtown "Y."
147
00:08:59,606 --> 00:09:01,507
Not a jock.
148
00:09:01,541 --> 00:09:05,501
Repeated visits to a
Dr. Phillip Banks, OB/GYN.
149
00:09:05,545 --> 00:09:07,173
Who?
150
00:09:07,213 --> 00:09:09,011
Phillip Banks.
151
00:09:10,884 --> 00:09:14,719
You got... You got
Bream's appointment book?
152
00:09:20,226 --> 00:09:21,922
She was seeing a doctor.
153
00:09:23,897 --> 00:09:25,832
In November.
154
00:09:28,401 --> 00:09:31,371
November 24th,
Dr. P. Banks, 9:00 AM.
155
00:09:31,404 --> 00:09:32,929
What about your Queens lady?
156
00:09:39,079 --> 00:09:41,548
She... crap, it's not a match.
157
00:09:42,682 --> 00:09:44,878
Dr. Charles Cohen, Forest Hills.
158
00:09:44,918 --> 00:09:47,410
Still, we got two
out of three, guys.
159
00:09:49,255 --> 00:09:51,087
It's worth a look.
160
00:09:54,461 --> 00:09:57,056
Well, Marcus Welby he's not.
161
00:09:57,097 --> 00:09:59,066
One assault charge
three years ago.
162
00:09:59,099 --> 00:10:01,068
He pleaded down
to a misdemeanor.
163
00:10:01,101 --> 00:10:03,070
Complainant was his ex-wife.
164
00:10:03,103 --> 00:10:04,469
Dig this...
165
00:10:04,504 --> 00:10:08,100
Broke her jaw during a
marriage counseling session.
166
00:10:08,141 --> 00:10:10,406
This man is a
lover and a fighter.
167
00:10:10,443 --> 00:10:13,572
The AMA has received over a
dozen complaints against Banks.
168
00:10:13,613 --> 00:10:15,673
Former patients, their husbands.
169
00:10:15,715 --> 00:10:18,360
The doc likes to play around
while his patients are in the stirrups.
170
00:10:18,384 --> 00:10:20,012
He still has a license?
171
00:10:20,053 --> 00:10:23,114
Protect thine own. The
AMA refused to pursue.
172
00:10:28,795 --> 00:10:31,094
I just know what I
read in the papers.
173
00:10:31,131 --> 00:10:32,929
City's going straight to hell.
174
00:10:32,966 --> 00:10:35,094
Cerreta: She'd been
your patient for long?
175
00:10:35,135 --> 00:10:39,231
First appointment was
February. Routine pelvic.
176
00:10:39,272 --> 00:10:40,831
You ever ask her out?
177
00:10:42,475 --> 00:10:45,138
Debra Beckett, she was
your patient, too, right?
178
00:10:45,178 --> 00:10:47,773
What the hell
are you getting at?
179
00:10:47,814 --> 00:10:51,080
Two of your patients have been
murdered in the last three months.
180
00:10:52,652 --> 00:10:55,121
Cerreta: Did you ever
examine Sandy Markham?
181
00:10:55,155 --> 00:10:56,919
No.
182
00:10:56,956 --> 00:10:58,300
Do you mind if we
check your records?
183
00:10:58,324 --> 00:11:00,841
Sure. Be my guest.
My nurse will help you.
184
00:11:00,865 --> 00:11:01,385
Thanks.
185
00:11:01,427 --> 00:11:04,226
By the way, did you happen to
have a date last Monday night?
186
00:11:04,264 --> 00:11:06,392
Yes, Emily Feist.
187
00:11:06,432 --> 00:11:08,401
Nine pounds, three ounces.
188
00:11:08,434 --> 00:11:10,903
Born Monday, 7:16 PM,
189
00:11:10,937 --> 00:11:12,929
after three hours of labor.
190
00:11:14,474 --> 00:11:16,306
Yeah, what do you got?
191
00:11:18,444 --> 00:11:20,743
Okay, thanks a lot.
192
00:11:20,780 --> 00:11:23,579
The hospital has
him signing in at 4:16,
193
00:11:23,616 --> 00:11:26,450
signing out at 10 to 8:00.
194
00:11:26,486 --> 00:11:29,923
It would take him at least 20 minutes
to get up to Judy Bream's place.
195
00:11:29,956 --> 00:11:33,256
The ME puts the time of
death between 7:00 and 8:00.
196
00:11:33,293 --> 00:11:35,762
But ME's have been known
to be off by an hour or so.
197
00:11:35,795 --> 00:11:39,288
We still have to connect Sandy
Markham. She never saw Dr. Banks.
198
00:11:39,332 --> 00:11:43,599
Maybe he's lying. Maybe she
did see him under a different name.
199
00:11:43,636 --> 00:11:45,298
Let's go talk to Dr. Cohen.
200
00:11:47,640 --> 00:11:49,939
No, Sandy Markham was referred
201
00:11:49,976 --> 00:11:52,172
by Dr. Rosen on Park Avenue.
202
00:11:52,212 --> 00:11:54,647
Had she ever been
treated by Dr. Banks?
203
00:11:56,149 --> 00:11:57,640
We can get a subpoena.
204
00:11:57,684 --> 00:12:01,382
If she had been, I think
she would have told me.
205
00:12:01,421 --> 00:12:03,083
Why?
206
00:12:05,758 --> 00:12:07,556
He's a disgrace.
207
00:12:07,594 --> 00:12:09,961
I wouldn't send my
schnauzer to see Phillip Banks.
208
00:12:09,996 --> 00:12:12,056
You don't like his
bedside manner?
209
00:12:12,098 --> 00:12:15,068
- The guy's a walking lawsuit.
- Malpractice?
210
00:12:15,101 --> 00:12:16,399
Now he's branching out.
211
00:12:16,436 --> 00:12:19,304
My bookkeeper tells me they're
after him for insurance fraud.
212
00:12:19,339 --> 00:12:21,865
You and Banks have
the same bookkeeper?
213
00:12:21,908 --> 00:12:23,706
Yes.
214
00:12:26,613 --> 00:12:29,048
You mind giving us his name?
215
00:12:29,082 --> 00:12:31,574
Logan: Albert Lawrence Cheney.
216
00:12:31,618 --> 00:12:33,587
Spent five years in Attica.
217
00:12:33,620 --> 00:12:35,088
Cheating on his taxes?
218
00:12:35,121 --> 00:12:37,613
Got man two. Paroled in '89...
219
00:12:38,958 --> 00:12:41,587
Killed a girl in Queens.
220
00:12:41,628 --> 00:12:43,529
Strangulation? Tape?
221
00:12:45,298 --> 00:12:48,268
The rest of the file will be in
tomorrow. You want to wait?
222
00:12:48,301 --> 00:12:50,600
Not on your life. Risk
losing another one? No.
223
00:12:54,307 --> 00:12:56,003
Hello. Hello.
224
00:12:56,042 --> 00:12:57,908
Does Albert Cheney live here?
225
00:12:59,312 --> 00:13:01,304
- Yes.
- Is he here?
226
00:13:01,347 --> 00:13:03,373
Because we'd just like
to talk to him for a second.
227
00:13:03,416 --> 00:13:05,385
Yes, but I'm Mrs. Cheney.
Is there a problem?
228
00:13:05,418 --> 00:13:07,387
Is there something
I can help you with?
229
00:13:07,420 --> 00:13:09,548
- Just want to talk to him.
- He's in the other room.
230
00:13:09,589 --> 00:13:11,421
He's busy working.
231
00:13:12,592 --> 00:13:14,390
Excuse me...
232
00:13:14,427 --> 00:13:16,089
are you Albert Lawrence Cheney?
233
00:13:17,597 --> 00:13:20,897
- Yes.
- You mind if we talk?
234
00:13:22,769 --> 00:13:26,171
- I'm in the middle...
- I think it'll keep.
235
00:13:28,107 --> 00:13:31,669
Don't you think we'd be more
comfortable at the station?
236
00:13:39,952 --> 00:13:42,581
Look, I'm not trying
to outrun my past.
237
00:13:42,622 --> 00:13:45,592
- I did the time.
- Logan: So you're rehabilitated?
238
00:13:45,625 --> 00:13:47,753
I didn't do the crime.
239
00:13:47,794 --> 00:13:50,229
Aren't you bitter, having
spent five years in Attica
240
00:13:50,263 --> 00:13:52,095
for something you didn't do?
241
00:13:54,801 --> 00:13:57,270
I'm at peace with it now.
242
00:13:57,303 --> 00:14:01,035
I was unlucky enough to be at
the wrong place at the wrong time.
243
00:14:01,074 --> 00:14:03,543
My lawyer said the
best thing was to deal.
244
00:14:03,576 --> 00:14:06,876
Five was better than 15 he said.
245
00:14:06,913 --> 00:14:10,441
You work with
Dr. Banks and Dr. Cohen.
246
00:14:10,483 --> 00:14:14,386
And Burton, and
Scarlon, and Schuman.
247
00:14:14,420 --> 00:14:15,860
How long have you
been keeping books?
248
00:14:15,922 --> 00:14:17,322
Two years. Since I got out.
249
00:14:17,357 --> 00:14:20,623
- And before that?
- Master electrician.
250
00:14:20,660 --> 00:14:23,721
Manhattan Power
doesn't like ex-cons.
251
00:14:23,763 --> 00:14:26,323
Last Monday night, you
remember what you did?
252
00:14:26,366 --> 00:14:30,428
My wife and I went
to dinner and a movie.
253
00:14:30,470 --> 00:14:34,430
It was an early show. 5:00.
254
00:14:37,844 --> 00:14:40,109
You know a woman
named Judy Bream?
255
00:14:47,920 --> 00:14:49,889
Why, what happened to her?
256
00:14:49,922 --> 00:14:51,481
She was murdered.
257
00:14:55,528 --> 00:14:58,430
We had pizza at
Julio's in Astoria.
258
00:14:58,464 --> 00:15:00,262
What time did you
leave the restaurant?
259
00:15:00,299 --> 00:15:04,464
Around 8:00, although
I'm not exactly certain.
260
00:15:04,504 --> 00:15:07,440
- Where did you go?
- I drove Albert home.
261
00:15:07,473 --> 00:15:10,602
I went to work. The
post office, night shift.
262
00:15:10,643 --> 00:15:12,441
I punched in at 9:00.
263
00:15:12,478 --> 00:15:14,447
Have you been
married a long time?
264
00:15:14,480 --> 00:15:16,244
A year.
265
00:15:20,653 --> 00:15:24,249
Seven years ago I saw
his picture in the paper.
266
00:15:25,825 --> 00:15:27,726
He had such gentle eyes.
267
00:15:27,760 --> 00:15:30,628
I wrote him, and
he wrote me back.
268
00:15:30,663 --> 00:15:32,632
And when he was released?
269
00:15:32,665 --> 00:15:35,726
He joined our church
group. St. Eligius Baptist.
270
00:15:37,170 --> 00:15:39,662
He's a good man, Detective.
271
00:15:39,705 --> 00:15:41,867
Logan: Phil.
272
00:15:47,680 --> 00:15:49,478
It was in the bottom drawer.
273
00:15:49,515 --> 00:15:50,574
There's no film,
274
00:15:50,616 --> 00:15:52,915
but it's the same type to
fit the wrapper we found.
275
00:15:52,952 --> 00:15:56,150
- My son has the same one.
- Look at this.
276
00:16:00,693 --> 00:16:02,457
Duct tape.
277
00:16:04,130 --> 00:16:06,065
Your son got one of these?
278
00:16:07,633 --> 00:16:10,262
Manhattan Power
Company employee ID?
279
00:16:10,303 --> 00:16:13,273
Expires June, 1985.
280
00:16:13,306 --> 00:16:15,537
Think Albert kept
it as a souvenir?
281
00:16:23,149 --> 00:16:24,947
The fibers from
his washer-dryer?
282
00:16:24,984 --> 00:16:26,782
Beige, with a
wool-acrylic weave.
283
00:16:26,819 --> 00:16:29,288
Matched the carpeting in
Judy Bream's apartment.
284
00:16:29,322 --> 00:16:32,121
Must have been on Cheney's
clothes when he washed them.
285
00:16:32,158 --> 00:16:34,286
- Puts him at the scene.
- Or in my apartment.
286
00:16:34,327 --> 00:16:37,627
Or in 10,000 others. It's
not what you'd call unique.
287
00:16:37,663 --> 00:16:39,791
Had better luck
with the duct tape.
288
00:16:39,832 --> 00:16:41,960
The roll from
Cheney's apartment...
289
00:16:42,001 --> 00:16:44,300
Same as the tape
recovered from the body.
290
00:16:44,337 --> 00:16:47,330
We pieced together?? the tape
on the roll with the tape on the girl.
291
00:16:47,373 --> 00:16:50,775
The tears on the end of the tape
were ragged enough to make a match.
292
00:16:50,810 --> 00:16:53,803
So please tell me
this is conclusive.
293
00:16:53,846 --> 00:16:55,838
Probable. Sorry.
294
00:16:57,450 --> 00:16:59,976
Duct tape, carpet fibers,
295
00:17:00,019 --> 00:17:02,250
ID card, prior conviction.
296
00:17:02,288 --> 00:17:04,757
- It adds up, Paul.
- To a weak indictment.
297
00:17:04,790 --> 00:17:06,850
The prior bad act
is inadmissible.
298
00:17:06,893 --> 00:17:08,725
The rest, circumstantial.
299
00:17:08,761 --> 00:17:10,730
- What about Cheney's phone?
- Brick wall.
300
00:17:10,763 --> 00:17:13,858
The LUDs show no telephone
calls to any of the victims.
301
00:17:13,900 --> 00:17:15,596
Alibi?
302
00:17:15,635 --> 00:17:17,934
His wife punched
into work at 9:00.
303
00:17:17,970 --> 00:17:20,735
Before that, nobody remembers
him at the movies or at the restaurant.
304
00:17:20,773 --> 00:17:23,436
- An alibi that can't be verified.
- Or refuted.
305
00:17:23,476 --> 00:17:26,446
Look, it's possible we're
wrong about Cheney.
306
00:17:26,479 --> 00:17:28,607
Guilty people call
their lawyers. He hasn't.
307
00:17:28,648 --> 00:17:31,618
Innocent people kick and scream.
I haven't seen him do that either.
308
00:17:31,651 --> 00:17:34,246
You guys want to indict
him, then have it just die?
309
00:17:37,156 --> 00:17:38,988
Fine.
310
00:17:41,327 --> 00:17:43,489
Get Cheney into interrogation.
311
00:17:50,503 --> 00:17:53,302
Look at it, Albert.
You're the only one.
312
00:17:53,339 --> 00:17:56,468
No one else appears here three
times. You want to explain that to me?
313
00:17:56,509 --> 00:17:58,808
- It's a fluke.
- Fine.
314
00:17:58,844 --> 00:18:02,076
Then maybe you can help me,
because we're a little bit stumped here.
315
00:18:02,114 --> 00:18:05,243
Who else has total access
to these women's lives?
316
00:18:05,284 --> 00:18:07,412
You look at their
files every day.
317
00:18:08,788 --> 00:18:11,587
You look at their charts,
their billing statements.
318
00:18:11,624 --> 00:18:13,593
Do the doctors you work for...
319
00:18:13,626 --> 00:18:17,358
- do they know that you snoop
through the patient's files?
- No, I don't do that.
320
00:18:17,396 --> 00:18:19,297
I just do the
accounting, that's all.
321
00:18:19,332 --> 00:18:21,096
Maybe so, Albert, maybe so.
322
00:18:21,133 --> 00:18:23,261
But we know you did Judy Bream.
323
00:18:23,302 --> 00:18:26,272
- We know that.
- I never met those girls.
324
00:18:26,305 --> 00:18:28,171
I told you.
325
00:18:31,477 --> 00:18:33,776
Okay...
326
00:18:33,813 --> 00:18:35,441
you recognize this?
327
00:18:35,481 --> 00:18:38,246
It's a picture of your
electrician's ID, right?
328
00:18:38,284 --> 00:18:40,253
I worked there for five years.
329
00:18:40,286 --> 00:18:43,279
That was eight years ago.
How come you kept it so long?
330
00:18:43,322 --> 00:18:45,621
We know how you got
into those girl's apartments.
331
00:18:45,658 --> 00:18:48,457
We know all about
your electrician's routine.
332
00:18:48,494 --> 00:18:51,123
See, you're a pretty
smart guy, Albert.
333
00:18:51,163 --> 00:18:52,961
Like the way you opened
those elevator doors
334
00:18:52,999 --> 00:18:55,764
to toss Judy Bream's body
down there. That had us going.
335
00:18:55,801 --> 00:18:57,723
Till we figured out
you were using elevator
336
00:18:57,747 --> 00:18:59,829
access keys. All
electricians have those keys.
337
00:18:59,872 --> 00:19:02,569
- I don't know about any key.
- Sure you do.
338
00:19:02,608 --> 00:19:04,736
We checked with Manhattan
Power. They told us you do.
339
00:19:04,777 --> 00:19:07,178
- They told us you didn't
turn in the key.
- That's not true.
340
00:19:07,213 --> 00:19:09,239
- Yeah, it's true.
- Albert...
341
00:19:09,281 --> 00:19:12,080
Don't fight us on this. We
know you didn't turn it in.
342
00:19:12,118 --> 00:19:14,087
They told us.
343
00:19:14,120 --> 00:19:16,089
He was fired eight years ago.
344
00:19:16,122 --> 00:19:18,921
Manhattan Power Company
keeps records of their keys?
345
00:19:18,958 --> 00:19:21,587
They don't even know
if he really had one.
346
00:19:21,627 --> 00:19:24,756
Look, I just don't
think that's true.
347
00:19:24,797 --> 00:19:27,926
I can't remember having one.
348
00:19:27,967 --> 00:19:29,959
See you in a while, pal.
349
00:19:34,140 --> 00:19:36,803
This was next to
Judy's bed on the floor.
350
00:19:38,144 --> 00:19:41,512
It's the exact same kind
of film your camera uses.
351
00:19:42,982 --> 00:19:45,474
She doesn't even
have a camera like that.
352
00:19:46,986 --> 00:19:48,648
How did it get there?
353
00:19:48,688 --> 00:19:51,783
When did you take
the pictures, Albert?
354
00:19:51,824 --> 00:19:53,622
Before you killed her?
355
00:19:53,659 --> 00:19:56,128
Be much more gruesome
after, though, wouldn't it?
356
00:19:56,162 --> 00:19:59,155
I mean, it's your work. You
could see what you've done.
357
00:19:59,198 --> 00:20:01,292
I've never even
been in her place.
358
00:20:01,333 --> 00:20:03,268
And yet your duct
tape was there,
359
00:20:03,302 --> 00:20:05,203
there were carpet
fibers on your clothes,
360
00:20:05,237 --> 00:20:07,297
you got her address
from Dr. Banks' files,
361
00:20:07,339 --> 00:20:09,672
and you have an
electrician's badge.
362
00:20:11,177 --> 00:20:14,341
You like looking at those
pictures, don't you, Albert?
363
00:20:15,381 --> 00:20:17,646
Takes you back.
364
00:20:17,683 --> 00:20:20,346
You got a special
place for them?
365
00:20:24,023 --> 00:20:26,458
I don't have any pictures.
366
00:20:33,999 --> 00:20:38,164
These are ligature
marks, Albert.
367
00:20:38,204 --> 00:20:41,697
You see, when you strangle
someone, you leave marks.
368
00:20:41,741 --> 00:20:43,835
Like fingerprints.
369
00:20:43,876 --> 00:20:46,744
Now, this is Sally Kessler,
370
00:20:46,779 --> 00:20:48,680
the girl you killed
eight years ago?
371
00:20:48,714 --> 00:20:51,206
Now you see those ligature
marks? See them way up high?
372
00:20:51,250 --> 00:20:53,344
Just like the ones
on Judy's neck.
373
00:20:53,385 --> 00:20:55,513
You like to get 'em
up high, don't you?
374
00:20:55,554 --> 00:20:58,524
They take longer to
suffocate that way, right?
375
00:20:58,557 --> 00:21:01,117
Is that when you get your
knee right in their back,
376
00:21:01,160 --> 00:21:04,289
- and give it a good yank?
- You know what I want to know?
377
00:21:04,330 --> 00:21:07,789
Why did you switch from
ties to electrical cord?
378
00:21:07,833 --> 00:21:09,631
Is that better?
379
00:21:09,668 --> 00:21:11,796
I mean, you get
more control that way?
380
00:21:11,837 --> 00:21:14,966
Well, maybe the ties
were a little too risky?
381
00:21:15,007 --> 00:21:17,636
Couple of them wind
up damaged or missing,
382
00:21:17,676 --> 00:21:20,441
the wife starts wondering,
thinking, asking questions...
383
00:21:20,479 --> 00:21:23,847
"Is the man I sit next to in church
every Sunday really what he says he is?"
384
00:21:23,883 --> 00:21:25,511
I...
385
00:21:29,021 --> 00:21:30,853
I'm tired.
386
00:21:30,890 --> 00:21:33,485
You want to talk to a lawyer?
387
00:21:33,526 --> 00:21:35,495
You could get it off your chest.
388
00:21:35,528 --> 00:21:37,997
- It'll all be privileged.
- No.
389
00:21:39,365 --> 00:21:41,664
Just that I'm tired, that's all.
390
00:21:44,036 --> 00:21:45,868
I want to go lie down.
391
00:21:47,373 --> 00:21:49,342
Yeah, okay, soon. Very soon.
392
00:21:49,375 --> 00:21:51,173
I just want to go over a couple
393
00:21:51,210 --> 00:21:53,111
of more things here, all right?
394
00:22:05,991 --> 00:22:09,189
Cerreta: These are the keys
we found in your apartment.
395
00:22:09,228 --> 00:22:11,788
Which one is the elevator key?
396
00:22:11,831 --> 00:22:15,131
- I told you,
I don't know if I have one.
- Well, they say you did.
397
00:22:15,167 --> 00:22:17,136
You kept it, just
like you kept your ID.
398
00:22:17,169 --> 00:22:19,468
Which one is it, Albert?
Is it this one here?
399
00:22:19,505 --> 00:22:21,133
No...
400
00:22:21,173 --> 00:22:23,142
that's Sara's old
place in the Bronx.
401
00:22:23,175 --> 00:22:24,507
Okay.
402
00:22:24,543 --> 00:22:26,535
How about this one? Is this it?
403
00:22:26,579 --> 00:22:29,071
It's for the garage.
404
00:22:29,114 --> 00:22:30,673
What about this?
405
00:22:30,716 --> 00:22:34,653
Sara's bicycle. The lock.
406
00:22:34,687 --> 00:22:36,178
This one.
407
00:22:38,757 --> 00:22:41,090
Is that an elevator access key?
408
00:22:41,126 --> 00:22:43,254
No, it's for the storage.
409
00:22:43,295 --> 00:22:45,059
You're lying, Albert.
410
00:22:45,097 --> 00:22:47,157
Your building has no storage.
411
00:22:47,199 --> 00:22:50,067
Not there. I mean on Sutphin.
412
00:22:50,102 --> 00:22:52,799
One of those rental places?
413
00:22:59,545 --> 00:23:01,377
What do you keep there, Albert?
414
00:23:03,315 --> 00:23:04,977
Just...
415
00:23:06,986 --> 00:23:08,955
junk.
416
00:23:12,491 --> 00:23:14,221
Pictures!
417
00:23:15,494 --> 00:23:17,725
I'll get working on
a search warrant.
418
00:23:28,507 --> 00:23:31,306
According to this, the guy
came in about once a week.
419
00:23:31,343 --> 00:23:33,574
- Usually in the evenings.
- Logan: Phil!
420
00:23:38,350 --> 00:23:40,876
Some people collect
baseball cards.
421
00:23:47,192 --> 00:23:50,321
Man: Case number 750127.
422
00:23:50,362 --> 00:23:52,297
People versus Albert
Lawrence Cheney.
423
00:23:52,331 --> 00:23:54,994
Three counts of murder
in the second degree.
424
00:23:57,536 --> 00:23:59,198
Talk to me.
425
00:24:00,706 --> 00:24:02,299
Counselor?
426
00:24:02,341 --> 00:24:04,435
Not guilty, Your Honor.
427
00:24:04,476 --> 00:24:06,274
Judge: Mr. Robinette?
428
00:24:06,312 --> 00:24:08,941
Your Honor, as far as
the State is concerned,
429
00:24:08,981 --> 00:24:11,109
the heinous nature
of the crimes charged
430
00:24:11,150 --> 00:24:13,517
mandates the defendant
be held without bail.
431
00:24:13,552 --> 00:24:15,043
My client has rights.
432
00:24:15,087 --> 00:24:17,488
So do the rest of
the women in this city.
433
00:24:17,523 --> 00:24:19,685
- Your Honor, I think...
- Save it, Carl.
434
00:24:19,725 --> 00:24:22,388
Court orders defendant
held without bail.
435
00:24:35,841 --> 00:24:38,902
Your Honor, the police
repeatedly told Albert Cheney
436
00:24:38,944 --> 00:24:40,640
he had a right to an attorney.
437
00:24:40,679 --> 00:24:42,807
- And he waived that right?
- Several times.
438
00:24:42,848 --> 00:24:44,976
Miranda.
439
00:24:45,017 --> 00:24:47,987
Waiver's got to be
made voluntarily,
440
00:24:48,020 --> 00:24:50,546
knowingly, and intelligently.
441
00:24:50,589 --> 00:24:52,649
Carl, this guy's
been there before.
442
00:24:52,691 --> 00:24:54,319
He's well aware of his rights.
443
00:24:54,360 --> 00:24:56,329
But after 12 hours...
444
00:24:56,362 --> 00:24:58,058
a guy would forget his name.
445
00:24:58,097 --> 00:24:59,565
Come again?
446
00:24:59,598 --> 00:25:02,466
They battered my
client for 12 hours.
447
00:25:02,501 --> 00:25:03,730
Of course he broke.
448
00:25:03,769 --> 00:25:07,103
And gave us a box full of
photographs of his victims.
449
00:25:07,139 --> 00:25:09,267
Carl: The Supreme
Court says we should look
450
00:25:09,308 --> 00:25:11,174
at the totality of
the circumstances.
451
00:25:11,210 --> 00:25:13,441
Length of detention,
prolonged questioning,
452
00:25:13,479 --> 00:25:15,573
mental exhaustion.
453
00:25:15,614 --> 00:25:17,606
Carl, this guy
is a serial killer.
454
00:25:17,649 --> 00:25:19,117
He'll do it again.
455
00:25:20,219 --> 00:25:22,085
You get the stake.
I've got the match.
456
00:25:22,121 --> 00:25:25,148
What is it, Ben? Huh?
457
00:25:25,190 --> 00:25:26,954
Charge a guy with
killing three girls,
458
00:25:26,992 --> 00:25:29,359
he loses his rights
against self-incrimination?
459
00:25:29,395 --> 00:25:32,263
The Supreme Court never
set hard and fast rules
460
00:25:32,297 --> 00:25:35,665
about the length of an
interrogation. It is a judgment call!
461
00:25:35,701 --> 00:25:38,330
And in my judgment, the more
heinous the crime charged,
462
00:25:38,370 --> 00:25:42,307
the more protective we must
be of the rights of the accused.
463
00:25:42,341 --> 00:25:44,708
The police overstepped
their bounds.
464
00:25:46,512 --> 00:25:48,276
I'm excluding the photos.
465
00:25:48,313 --> 00:25:50,009
Your Honor, we had a warrant.
466
00:25:50,049 --> 00:25:53,884
But without the browbeating, you
wouldn't have known where to search.
467
00:25:53,919 --> 00:25:58,482
As the photos were wrongfully
presented to the grand jury,
468
00:25:58,524 --> 00:26:00,755
this entire indictment
should be dismissed.
469
00:26:00,793 --> 00:26:03,786
We have physical evidence
linking him to the crime scene!
470
00:26:03,829 --> 00:26:05,764
A false electrician's ID.
471
00:26:05,798 --> 00:26:08,791
It's all on the Bream girl.
What about the others?
472
00:26:08,834 --> 00:26:10,359
Zippo.
473
00:26:11,470 --> 00:26:12,802
Ben?
474
00:26:14,640 --> 00:26:18,441
We drop the charges on the first two
girls, go ahead only on Judy Bream.
475
00:26:18,477 --> 00:26:21,106
Remember, he's being tried
for the Bream murder alone.
476
00:26:21,146 --> 00:26:24,480
Any mention of any
priors, and we return to go.
477
00:26:25,484 --> 00:26:27,316
I've watched Berg's
work for years.
478
00:26:28,487 --> 00:26:32,549
He doesn't try a
case, he charms a jury.
479
00:26:32,591 --> 00:26:36,119
When he's done, they'll
give Cheney a Nobel Prize.
480
00:26:36,161 --> 00:26:37,959
So much for victims' rights.
481
00:26:37,996 --> 00:26:40,124
Dead people don't
have any, my boy.
482
00:26:40,165 --> 00:26:41,827
What have we got here?
483
00:26:41,867 --> 00:26:44,268
What we don't have is
one iota of direct evidence.
484
00:26:45,504 --> 00:26:47,166
Cheney can't be that good.
485
00:26:47,206 --> 00:26:48,970
He's had practice.
486
00:26:49,007 --> 00:26:51,067
Two priors, no
evidence whatsoever.
487
00:26:51,110 --> 00:26:52,942
Yes, but they caught
him once, right?
488
00:26:52,978 --> 00:26:54,446
Robinette: Man two.
489
00:26:54,480 --> 00:26:56,506
But he only spent
five years in Attica.
490
00:26:56,548 --> 00:26:58,141
Berg represent him?
491
00:26:58,183 --> 00:26:59,981
Who prosecuted?
492
00:27:00,018 --> 00:27:02,613
Fleischman. In Brooklyn.
493
00:27:02,654 --> 00:27:04,748
This business...
494
00:27:04,790 --> 00:27:07,726
lightning does strike twice.
495
00:27:08,794 --> 00:27:11,127
Find out how the
hell Berg did it.
496
00:27:12,798 --> 00:27:14,596
How could I forget?
497
00:27:14,633 --> 00:27:17,262
Sally Kessler, 18 years old.
498
00:27:17,302 --> 00:27:19,999
A Hermes tie wrapped
around her neck,
499
00:27:20,038 --> 00:27:22,269
dumped naked
into a recycling bin
500
00:27:22,307 --> 00:27:24,299
behind Nathan's
out at Coney Island.
501
00:27:25,477 --> 00:27:28,413
- He's using wire now.
- Times is hard.
502
00:27:29,648 --> 00:27:31,776
It's scary.
503
00:27:31,817 --> 00:27:34,616
Cheney sat there and
smiled while he told us about it.
504
00:27:34,653 --> 00:27:36,315
Wait a minute.
505
00:27:37,823 --> 00:27:39,348
He confessed?
506
00:27:39,391 --> 00:27:41,656
That's the only way we
were going touch that guy.
507
00:27:41,693 --> 00:27:44,458
But he only served
five for man two.
508
00:27:44,496 --> 00:27:48,126
We're questioning Cheney,
nice and polite, getting nowhere.
509
00:27:48,167 --> 00:27:50,636
Soon he asked to see his shrink.
510
00:27:50,669 --> 00:27:52,797
We ignore him, keep on pressing.
511
00:27:52,838 --> 00:27:54,966
I don't know, after
about an hour or so
512
00:27:55,007 --> 00:27:58,341
we hit a sore spot or something,
and Cheney spills his guts.
513
00:27:58,377 --> 00:28:02,906
- So what's the problem?
- He goes and hires Carl Berg.
514
00:28:02,948 --> 00:28:05,543
Berg hears about
this shrink thing,
515
00:28:05,584 --> 00:28:07,246
starts doing a song and dance,
516
00:28:07,286 --> 00:28:09,881
screaming and yelling
about "Fare vs. Michael C."
517
00:28:09,922 --> 00:28:12,084
The case where the kid
asked for his parole officer?
518
00:28:12,124 --> 00:28:14,992
The Supreme Court said it's not
the same thing as asking for a lawyer.
519
00:28:15,027 --> 00:28:17,189
Only at the time
the Supreme Court
520
00:28:17,229 --> 00:28:20,757
had heard arguments, but hadn't
yet handed down it's opinion.
521
00:28:20,799 --> 00:28:23,394
Parole officer, shrink...
Could've gone either way.
522
00:28:24,469 --> 00:28:26,267
So you cut a deal.
523
00:28:26,305 --> 00:28:28,433
I got him off the
streets for five to 15.
524
00:28:28,473 --> 00:28:30,442
Usually I take all bets.
525
00:28:30,475 --> 00:28:32,603
But the chance that
Cheney goes free?
526
00:28:32,644 --> 00:28:34,272
I'm sorry.
527
00:28:34,313 --> 00:28:36,441
Those stakes were just too high.
528
00:28:38,817 --> 00:28:40,615
And he served the minimum?
529
00:28:40,652 --> 00:28:42,621
Warden said he
was a model prisoner.
530
00:28:42,654 --> 00:28:44,987
Parole board agreed.
531
00:28:48,493 --> 00:28:49,984
Robinette.
532
00:28:51,163 --> 00:28:52,791
Yeah?
533
00:28:52,831 --> 00:28:54,663
Thanks.
534
00:28:56,668 --> 00:29:00,127
The Breams are in your
office. They're not alone.
535
00:29:00,172 --> 00:29:02,073
A lawyer, Jack O'Connell...
536
00:29:02,107 --> 00:29:04,633
from the Connecticut
DA's office, is with them.
537
00:29:06,411 --> 00:29:09,575
So the Brooklyn DA screws up,
538
00:29:09,615 --> 00:29:12,744
and this psycho
is free to kill again?
539
00:29:12,784 --> 00:29:15,583
Nobody screwed up.
They had to cut a deal.
540
00:29:15,621 --> 00:29:19,388
My daughter is dead because of a
legal technicality, and you know it!
541
00:29:19,424 --> 00:29:23,259
And I regret it, but the Supreme
Court decided a long time ago
542
00:29:23,295 --> 00:29:25,127
that when the system errs,
543
00:29:25,163 --> 00:29:27,598
it'll be on the side
of individual rights.
544
00:29:27,633 --> 00:29:30,432
If my daughter had
been hit by a car,
545
00:29:30,469 --> 00:29:32,597
we could sue the driver.
546
00:29:32,638 --> 00:29:35,904
Can we sue the
Supreme Court, Mr. Stone?
547
00:29:35,941 --> 00:29:39,400
I assure you, Mrs. Bream,
we'll do the best we can.
548
00:29:39,444 --> 00:29:41,276
Maybe I can do you one better.
549
00:29:41,313 --> 00:29:44,340
Cheney lured Judy from
Connecticut into New York,
550
00:29:44,383 --> 00:29:46,750
where he ultimately held
her captive and killed her.
551
00:29:46,785 --> 00:29:47,809
With your assistance,
552
00:29:47,853 --> 00:29:50,254
we can prosecute him in
Connecticut for kidnapping.
553
00:29:50,289 --> 00:29:52,952
- He never abducted her.
- Kidnapping by pretense.
554
00:29:52,991 --> 00:29:55,654
Stone: When Cheney phoned
with this electrician story,
555
00:29:55,694 --> 00:29:59,790
he had no idea the call was
being forwarded to Connecticut.
556
00:29:59,831 --> 00:30:01,959
He thought she was home.
557
00:30:02,000 --> 00:30:04,629
He had no intent of
luring her anywhere.
558
00:30:04,670 --> 00:30:08,334
No, I was there
when the call came.
559
00:30:08,373 --> 00:30:12,538
Judy told him she
was at our house.
560
00:30:14,613 --> 00:30:17,606
With death being the ultimate
result of the kidnapping,
561
00:30:17,649 --> 00:30:19,515
we can toss in felony murder.
562
00:30:19,551 --> 00:30:22,214
- Mr. O'Connell,
I don't understand.
- It's simple.
563
00:30:22,254 --> 00:30:26,453
In Connecticut we
have the death penalty.
564
00:30:26,491 --> 00:30:29,825
Yep, it's like
Chicago in the '20s.
565
00:30:29,861 --> 00:30:31,659
You don't like someone,
566
00:30:31,697 --> 00:30:33,825
hire a couple of out-of-state
thugs, rub them out.
567
00:30:33,865 --> 00:30:36,596
They don't want justice,
they want vengeance.
568
00:30:36,635 --> 00:30:38,695
An eye for an eye. Worked
for thousands of years.
569
00:30:38,737 --> 00:30:41,639
- What are you going to do?
- I said thanks, but no thanks.
570
00:30:41,673 --> 00:30:44,006
They can have Cheney
after we're through with him.
571
00:30:44,042 --> 00:30:47,945
If we lose, double jeopardy prevents
anyone from retrying him on the murder.
572
00:30:47,979 --> 00:30:50,992
O'Connell says he has a good shot at
admitting evidence from the prior murders
573
00:30:51,016 --> 00:30:53,349
to show Cheney had the
requisite intent to kidnap.
574
00:30:53,385 --> 00:30:55,013
But their case is bogus.
575
00:30:55,053 --> 00:30:56,851
You saw the mother, she's lying.
576
00:30:56,888 --> 00:30:59,187
Her daughter never told
Cheney she was in Connecticut.
577
00:30:59,224 --> 00:31:01,784
What jury won't believe
a grieving mother?
578
00:31:01,827 --> 00:31:04,854
Cheney is an animal. Yes, he
should be tried and convicted.
579
00:31:04,896 --> 00:31:07,798
But, no, we shouldn't subvert
the legal system to do it.
580
00:31:07,833 --> 00:31:09,802
And if Mrs. Bream
is telling the truth?
581
00:31:09,835 --> 00:31:11,531
He committed a
crime in New York.
582
00:31:11,570 --> 00:31:14,404
Our law says he should
be convicted, not executed.
583
00:31:14,439 --> 00:31:16,135
What about his alibi?
584
00:31:16,174 --> 00:31:18,302
It plays as far as I can tell.
585
00:31:18,343 --> 00:31:20,744
Sara Cheney punched
in to work at 9:00 p.m.
586
00:31:20,779 --> 00:31:23,613
And don't co-workers
scratch each other's backs?
587
00:31:25,016 --> 00:31:27,144
She drives to work, doesn't she?
588
00:31:30,355 --> 00:31:32,153
Civil Service.
589
00:31:32,190 --> 00:31:34,989
Can't be fired, bennies
up the ying-yang.
590
00:31:35,026 --> 00:31:36,995
Should've taken the exam.
591
00:31:37,028 --> 00:31:39,259
- All the postal workers park here?
- Half price.
592
00:31:39,297 --> 00:31:42,825
Uncle Sam picks up the
rest, and we keep the receipts.
593
00:31:42,868 --> 00:31:44,837
Feds don't trust anybody.
594
00:31:44,870 --> 00:31:46,498
Here we go, Cheney.
595
00:31:46,538 --> 00:31:49,804
Green Metro. Punched in 9:45.
596
00:31:52,944 --> 00:31:55,004
She covered for him?
597
00:31:55,046 --> 00:31:59,006
Her friend admitted she punched
her time card for her at 9:00.
598
00:31:59,050 --> 00:32:01,451
Even if Cheney gave
her a play-by-play,
599
00:32:01,486 --> 00:32:03,114
we can't put her on the stand.
600
00:32:03,155 --> 00:32:05,647
Spousal privilege. No
way Cheney waives it.
601
00:32:07,492 --> 00:32:09,961
The Breams are
playing hardball now.
602
00:32:09,995 --> 00:32:13,159
Connecticut DA's motion
to have Cheney extradited.
603
00:32:14,332 --> 00:32:17,131
So we'll stop it. We'll
get an injunction.
604
00:32:18,503 --> 00:32:20,472
Have you seen the
civil calendar lately?
605
00:32:20,505 --> 00:32:22,529
Cheney will be tried
and dead six months
606
00:32:22,553 --> 00:32:24,806
before we get a judge
to look at our papers.
607
00:32:24,843 --> 00:32:26,471
We'll get a temporary
restraining order.
608
00:32:26,511 --> 00:32:29,845
We'll do the papers tonight, and
we'll be at 9:30 calendar call tomorrow.
609
00:32:31,516 --> 00:32:33,314
What, you got other plans?
610
00:32:33,351 --> 00:32:35,183
I don't know.
611
00:32:35,220 --> 00:32:37,212
Representing
Cheney in Civil Court,
612
00:32:37,255 --> 00:32:39,019
just so we can prosecute him?
613
00:32:39,057 --> 00:32:40,457
I am not representing Cheney,
614
00:32:40,492 --> 00:32:43,519
I am representing the People
of the State of New York.
615
00:32:47,699 --> 00:32:50,498
Your Honor, I'm sure I
needn't remind this Court
616
00:32:50,535 --> 00:32:53,835
of the "full faith and credit"
clause of the US Constitution,
617
00:32:53,872 --> 00:32:57,502
which mandates that sister
states honor each other's laws.
618
00:32:57,542 --> 00:33:00,478
Albert Cheney broke the
laws of the state of New York,
619
00:33:00,512 --> 00:33:03,107
he was arrested
within its boundaries.
620
00:33:03,148 --> 00:33:07,347
It would be a miscarriage to allow
another state to usurp its jurisdiction.
621
00:33:07,385 --> 00:33:09,616
The issue in this
motion is not jurisdiction.
622
00:33:09,654 --> 00:33:12,590
It is the inadequacy... no, the
complete inability of New York
623
00:33:12,624 --> 00:33:14,115
to deal with violent criminals.
624
00:33:14,159 --> 00:33:16,628
And you believe that
Connecticut is more able?
625
00:33:16,661 --> 00:33:19,290
New York has tried a deal
with Albert Lawrence Cheney,
626
00:33:19,331 --> 00:33:22,028
and at least four
young women are dead.
627
00:33:22,067 --> 00:33:23,968
Was he rehabilitated,
628
00:33:24,002 --> 00:33:27,461
and did his five years in
prison prevent recidivism?
629
00:33:27,506 --> 00:33:30,305
- Obviously not.
- So the only thing left
is revenge?
630
00:33:30,342 --> 00:33:32,971
- You tell me.
- You had your turn, Mr. Stone.
631
00:33:33,011 --> 00:33:35,571
And let's do without
the rhetoric, Counselor.
632
00:33:35,614 --> 00:33:38,209
If you grant Mr. Stone's motion,
633
00:33:38,250 --> 00:33:40,913
and if he tries the
defendant and loses,
634
00:33:40,952 --> 00:33:43,751
we are then precluded
from prosecuting him
635
00:33:43,788 --> 00:33:45,780
for the murder of Judy Bream.
636
00:33:45,824 --> 00:33:49,522
Bottom line, Your Honor, Albert
Cheney is of no use to anyone alive.
637
00:33:49,561 --> 00:33:51,962
Is this forum shopping?
This is a criminal case.
638
00:33:51,997 --> 00:33:54,660
Yes, I know, Mr. Stone,
and this is a Civil Court.
639
00:33:54,699 --> 00:33:57,168
Why you want to keep
Mr. Cheney alive is beyond me.
640
00:33:57,202 --> 00:34:00,229
I, for one, wouldn't lose any
sleep if they flipped the switch.
641
00:34:00,272 --> 00:34:02,173
- That's not relevant.
- I know.
642
00:34:02,207 --> 00:34:05,268
Unfortunately, Mr. Stone
has met the burden
643
00:34:05,310 --> 00:34:07,905
required by law for
a restraining order.
644
00:34:07,946 --> 00:34:10,745
As such, I am forced
to grant his motion.
645
00:34:10,782 --> 00:34:13,843
The case against
Albert Cheney stays put.
646
00:34:13,885 --> 00:34:17,322
May God help both of us if
you lose that trial, Mr. Stone.
647
00:34:24,329 --> 00:34:26,321
The ME's report?
648
00:34:27,832 --> 00:34:29,664
Are you with me here?
649
00:34:30,835 --> 00:34:33,100
We've taken
flyers before, but...
650
00:34:33,138 --> 00:34:35,767
You would prefer that I
let O'Connell try this case?
651
00:34:35,807 --> 00:34:39,608
- The courts are not
your personal soapbox.
- Have you heard me preach?
652
00:34:39,644 --> 00:34:42,478
Better we bend the system
than risk letting him walk
653
00:34:42,514 --> 00:34:45,848
- because of some
unfounded morality.
- Who's preaching now?
654
00:34:45,884 --> 00:34:49,651
You're not talking about convicting
him, you're talking about killing him.
655
00:34:49,688 --> 00:34:52,487
I think my tax dollars
can be put to better use
656
00:34:52,524 --> 00:34:56,985
than clothing, housing and feeding
Albert Cheney. Maybe I'm just pragmatic.
657
00:34:57,028 --> 00:34:59,827
The cost to the
State of a capital trial
658
00:34:59,864 --> 00:35:01,765
is roughly $1.8 million.
659
00:35:01,800 --> 00:35:05,100
That is twice the cost of an
average life imprisonment.
660
00:35:05,136 --> 00:35:07,435
Now, who's being pragmatic here?
661
00:35:07,472 --> 00:35:10,670
Maybe the Breams are
entitled to a little vengeance.
662
00:35:12,644 --> 00:35:15,204
"Do unto others as
they did unto you?"
663
00:35:15,246 --> 00:35:17,477
We burn the homes of arsonists?
664
00:35:17,515 --> 00:35:20,451
We sexually abuse
those who rape?
665
00:35:20,485 --> 00:35:22,613
- You're rationalizing.
- Maybe.
666
00:35:22,654 --> 00:35:24,953
But the New York State
Court of Appeals says
667
00:35:24,990 --> 00:35:27,482
the death penalty is
cruel and inhuman.
668
00:35:27,525 --> 00:35:30,222
And what do you say?
669
00:35:30,261 --> 00:35:32,992
And I say we uphold
the laws of this state.
670
00:35:38,503 --> 00:35:40,802
There was a toolbox,
and in it we found
671
00:35:40,839 --> 00:35:42,808
duct tape, electrical wire,
672
00:35:42,841 --> 00:35:47,472
and a Manhattan Power Company
employee ID issued to Mr. Cheney.
673
00:35:47,512 --> 00:35:50,971
We also found a
Polaroid camera in a desk.
674
00:35:51,016 --> 00:35:52,985
And the cumulative
effect of this evidence
675
00:35:53,018 --> 00:35:54,714
was sufficient to
arrest Mr. Cheney?
676
00:35:54,753 --> 00:35:57,120
Yes. That and the fact he
worked for her gynecologist.
677
00:35:57,155 --> 00:35:59,021
Thank you, Detective.
678
00:36:03,294 --> 00:36:05,923
The duct tape was
used on the victim...
679
00:36:05,964 --> 00:36:08,763
- is there anything
special about it?
- No.
680
00:36:08,800 --> 00:36:12,168
So it can be purchased at any
hardware store, isn't that correct?
681
00:36:12,203 --> 00:36:14,798
- That's correct.
- Good.
682
00:36:14,839 --> 00:36:18,776
That narrows it down to,
what, eight million suspects,
683
00:36:18,810 --> 00:36:20,904
assuming the culprit
lived in New York City?
684
00:36:20,945 --> 00:36:23,437
Judy Bream had
an unlisted number.
685
00:36:23,481 --> 00:36:27,282
Whoever killed her had to get
that number from somewhere, sir.
686
00:36:27,318 --> 00:36:29,287
Uh-huh.
687
00:36:29,320 --> 00:36:31,448
Can you identify
this, Detective?
688
00:36:31,489 --> 00:36:33,458
That's the victim's
address book.
689
00:36:33,491 --> 00:36:35,790
We found it in her apartment.
690
00:36:35,827 --> 00:36:37,227
Would you... please.
691
00:36:39,130 --> 00:36:42,294
Tell me, what do you see in
the back portion of the book?
692
00:36:45,670 --> 00:36:48,265
Names, addresses, phone numbers.
693
00:36:48,306 --> 00:36:50,468
And how many names... roughly,
694
00:36:50,508 --> 00:36:52,807
how many names would
you say appear there?
695
00:36:52,844 --> 00:36:54,676
Roughly...
696
00:36:58,516 --> 00:37:00,382
I would say roughly 100.
697
00:37:00,418 --> 00:37:02,250
Mm-hmm.
698
00:37:02,287 --> 00:37:05,086
Now, would it be fair to say
that these hundred people,
699
00:37:05,123 --> 00:37:08,093
who were kind enough to
give Judy their phone numbers,
700
00:37:08,126 --> 00:37:10,288
were also lucky
enough to receive hers?
701
00:37:10,328 --> 00:37:13,355
- Objection.
- Withdrawn.
702
00:37:13,398 --> 00:37:16,527
You don't have any evidence
at all against my client, do you?
703
00:37:16,568 --> 00:37:18,901
- Your Honor...
- That's enough, Mr. Berg.
704
00:37:18,937 --> 00:37:21,133
I have no further questions.
705
00:37:24,809 --> 00:37:27,779
Mrs. Bream: She spent
the weekend with us.
706
00:37:27,812 --> 00:37:30,441
She was off for the holidays.
707
00:37:30,482 --> 00:37:33,111
She was planning on
staying the entire week.
708
00:37:33,151 --> 00:37:35,711
Why did Judy return
to the city, Mrs. Bream?
709
00:37:35,754 --> 00:37:38,451
She got a telephone call.
710
00:37:38,490 --> 00:37:40,755
Something about her electricity.
711
00:37:40,792 --> 00:37:44,285
Stone: Did she typically leave
the door to her apartment unlocked?
712
00:37:45,997 --> 00:37:50,264
No, she had three
chains on her door.
713
00:37:50,301 --> 00:37:52,964
Her father insisted.
714
00:37:53,004 --> 00:37:56,304
You'd ring the bell and
then she'd double-check.
715
00:37:56,341 --> 00:37:57,809
You know...
716
00:37:57,842 --> 00:37:59,208
through the peephole.
717
00:37:59,244 --> 00:38:01,304
When was the last
time you spoke to Judy?
718
00:38:03,281 --> 00:38:04,977
It was that night.
719
00:38:07,218 --> 00:38:09,847
I had her on the phone,
the doorbell rang...
720
00:38:11,389 --> 00:38:13,415
and she went to answer it.
721
00:38:13,458 --> 00:38:15,654
Stone: Did she put you on hold?
722
00:38:17,462 --> 00:38:19,363
No, she had a portable phone.
723
00:38:20,632 --> 00:38:22,863
What, if anything, did you
hear then, Mrs. Bream?
724
00:38:25,970 --> 00:38:27,802
I heard her call...
725
00:38:29,474 --> 00:38:31,466
to the man through the door.
726
00:38:31,509 --> 00:38:33,637
And did you hear his response?
727
00:38:36,481 --> 00:38:38,006
Mrs. Bream?
728
00:38:40,318 --> 00:38:43,311
Mrs. Bream, did you
hear his response?
729
00:38:46,324 --> 00:38:48,225
- Yes.
- What did he say?
730
00:38:48,259 --> 00:38:49,818
Calls for hearsay, Your Honor.
731
00:38:49,861 --> 00:38:51,727
Statement against
penal interest.
732
00:38:51,763 --> 00:38:53,732
Not if my client didn't say it.
733
00:38:53,765 --> 00:38:55,666
Sustained.
734
00:38:57,335 --> 00:38:59,327
No more questions.
735
00:39:09,113 --> 00:39:12,208
I'm truly sorry about your
daughter, Mrs. Bream.
736
00:39:14,185 --> 00:39:16,313
Now, I'll try to
make this short.
737
00:39:18,790 --> 00:39:20,691
The voice you said you heard?
738
00:39:20,725 --> 00:39:22,250
I heard it.
739
00:39:22,293 --> 00:39:25,957
And do you think you
could recognize the voice?
740
00:39:29,634 --> 00:39:31,330
No.
741
00:39:31,369 --> 00:39:33,929
Because it was through the door,
742
00:39:33,972 --> 00:39:35,463
isn't that right?
743
00:39:38,009 --> 00:39:41,969
So, all you're sure of...
744
00:39:43,314 --> 00:39:45,783
is it was a man at the door.
745
00:39:48,152 --> 00:39:52,954
Would you consider that you
and Judy were fairly close?
746
00:39:54,826 --> 00:39:57,227
She was my daughter.
747
00:39:57,262 --> 00:39:59,163
She ever tell you
about any of her friends?
748
00:40:04,836 --> 00:40:07,169
Do you recall her
ever mentioning...
749
00:40:08,673 --> 00:40:10,733
someone by the name of Finkel?
750
00:40:10,775 --> 00:40:12,641
Robert, I think it was.
751
00:40:12,677 --> 00:40:14,805
Was he one of her friends?
752
00:40:16,514 --> 00:40:18,073
Yes.
753
00:40:20,018 --> 00:40:23,648
- And Michael Schwartz?
- Yes.
754
00:40:23,688 --> 00:40:25,554
And Steve Eidler?
755
00:40:29,527 --> 00:40:31,325
Yes, but...
756
00:40:31,362 --> 00:40:32,887
And Brian Sherman,
757
00:40:32,931 --> 00:40:34,797
Peter Brav,
758
00:40:34,832 --> 00:40:36,858
and Alan Sklar?
759
00:40:39,871 --> 00:40:42,636
Now, tell me, Mrs. Bream,
760
00:40:42,674 --> 00:40:46,975
isn't it possible that
it was Robert Finkel,
761
00:40:47,011 --> 00:40:50,175
or Michael Schwartz,
Steve Eidler,
762
00:40:50,214 --> 00:40:52,843
Peter Brav, Brian Sherman,
763
00:40:52,884 --> 00:40:56,651
or Alan Sklar who was
at the door that night?
764
00:41:00,892 --> 00:41:02,827
Why are you doing this?
765
00:41:06,831 --> 00:41:08,823
She was my daughter.
766
00:41:10,335 --> 00:41:12,463
No further questions,
Your Honor.
767
00:41:13,838 --> 00:41:16,171
He took her from me.
768
00:41:23,514 --> 00:41:25,813
Berg's got them
eating out of his hand.
769
00:41:25,850 --> 00:41:27,409
Yeah.
770
00:41:27,452 --> 00:41:29,318
Had a professor in law school,
771
00:41:29,354 --> 00:41:31,653
said the case is
won by the attorney
772
00:41:31,689 --> 00:41:33,658
who's better liked by the jury.
773
00:41:33,691 --> 00:41:35,990
Laws, facts, truth...
Nothing to do with it.
774
00:41:36,027 --> 00:41:38,656
Maybe in a contract case,
but this is a serial killer.
775
00:41:38,696 --> 00:41:41,165
The jury doesn't know
that. What do you got left?
776
00:41:41,199 --> 00:41:43,828
CSU tech will testify
to the duct tape
777
00:41:43,868 --> 00:41:46,167
and carpet fibers
found in Cheney's dryer.
778
00:41:46,204 --> 00:41:49,174
Circumstantial evidence.
Berg will have a field day.
779
00:41:49,207 --> 00:41:52,177
We don't have anything
direct, other than the wife.
780
00:41:52,210 --> 00:41:54,202
And her testimony is privileged.
781
00:41:54,245 --> 00:41:56,510
If she's an
accomplice, it's broken.
782
00:41:56,547 --> 00:41:58,778
Establishing a false
alibi does not make her
783
00:41:58,816 --> 00:42:00,409
an accomplice to murder.
784
00:42:01,986 --> 00:42:04,615
But destroying evidence does.
785
00:42:04,655 --> 00:42:07,056
Who do you think
washed Cheney's clothes?
786
00:42:09,827 --> 00:42:12,456
Wake up a judge.
Get an arrest warrant.
787
00:42:12,497 --> 00:42:14,466
And notify Legal Aid on this.
788
00:42:14,499 --> 00:42:16,468
I want her to have a lawyer.
789
00:42:20,004 --> 00:42:21,836
I already told the police.
790
00:42:23,007 --> 00:42:26,466
We went to the
movies, we had dinner,
791
00:42:26,511 --> 00:42:28,480
I drove Albert home,
792
00:42:28,513 --> 00:42:30,448
and then I was at work by 9:00.
793
00:42:30,481 --> 00:42:33,474
That's not true, Mrs.
Cheney, and we both know it.
794
00:42:33,518 --> 00:42:36,010
We spoke to a co-worker...
Barbara Livingston.
795
00:42:36,054 --> 00:42:38,751
She said she
punched you in at 9:00.
796
00:42:38,790 --> 00:42:41,726
You didn't get to work
until close to 10:00.
797
00:42:41,759 --> 00:42:43,921
So she stopped for a
cup of coffee on the way.
798
00:42:43,961 --> 00:42:45,657
It doesn't prove anything.
799
00:42:45,696 --> 00:42:48,757
You're going to have to do
better than that, Mrs. Cheney.
800
00:42:48,800 --> 00:42:50,826
Accomplice to murder two...
801
00:42:50,868 --> 00:42:52,894
That's a lot of years in jail.
802
00:42:52,937 --> 00:42:55,115
Wing and a prayer. Silly
Putty doesn't stretch that far.
803
00:42:55,139 --> 00:42:56,835
I don't think so, Ms. Melton.
804
00:42:56,874 --> 00:42:59,503
Your client washed her
husband's clothes. That's tampering.
805
00:42:59,544 --> 00:43:02,742
- Accessory after the fact.
- You can't prove a thing.
806
00:43:13,324 --> 00:43:15,725
Take a good look, Mrs. Cheney.
807
00:43:19,497 --> 00:43:21,693
That's how your
husband gets his kicks.
808
00:43:42,520 --> 00:43:44,216
That morning...
809
00:43:47,158 --> 00:43:49,024
we read to each other...
810
00:43:52,363 --> 00:43:54,332
Corinthians.
811
00:44:02,974 --> 00:44:06,706
Mrs. Cheney: He came home
at 8:30, and he was frantic.
812
00:44:09,647 --> 00:44:12,583
His shoulder had some
blood on it, over here...
813
00:44:15,653 --> 00:44:17,451
and he said he'd
been in a fight...
814
00:44:17,488 --> 00:44:19,616
That someone had
tried to mug him.
815
00:44:19,657 --> 00:44:21,853
Was he carrying
anything, Mrs. Cheney?
816
00:44:21,893 --> 00:44:24,727
- His toolbox.
- Anything else?
817
00:44:27,665 --> 00:44:29,497
His camera.
818
00:44:32,003 --> 00:44:33,904
What, if anything,
did he say to you?
819
00:44:37,008 --> 00:44:41,537
He said that he was afraid he
may have hurt the man and...
820
00:44:42,813 --> 00:44:45,476
he said he needed an alibi.
821
00:44:46,484 --> 00:44:48,544
And then he told me
822
00:44:48,586 --> 00:44:51,715
to hide the toolbox
and the camera.
823
00:44:56,861 --> 00:44:58,329
And then...
824
00:44:58,362 --> 00:45:01,059
Then I washed the
blood off his shirt.
825
00:45:05,203 --> 00:45:07,570
Why did you help
him, Mrs. Cheney?
826
00:45:11,809 --> 00:45:13,641
He was my husband.
827
00:45:14,812 --> 00:45:17,441
He was on parole.
828
00:45:17,481 --> 00:45:19,609
I don't know...
829
00:45:19,650 --> 00:45:22,017
Did you believe the
story about the mugging?
830
00:45:22,053 --> 00:45:23,578
Objection.
831
00:45:23,621 --> 00:45:25,249
Sustained.
832
00:45:27,325 --> 00:45:29,191
I loved him.
833
00:45:31,095 --> 00:45:33,963
I prayed for him.
834
00:45:33,998 --> 00:45:37,093
- I didn't know.
- Didn't know what?
835
00:45:37,134 --> 00:45:41,128
I didn't know that
he was an animal.
836
00:45:41,172 --> 00:45:42,265
Objection!
837
00:45:45,343 --> 00:45:47,039
Thank you, Mrs. Cheney.
838
00:45:53,851 --> 00:45:55,149
Oh, I don't know.
839
00:45:55,186 --> 00:45:57,553
25-years-to-life is a long time.
840
00:45:57,588 --> 00:46:00,422
I know two people
who consider it a gift.
841
00:46:00,458 --> 00:46:02,484
Well, then you might enjoy this.
842
00:46:03,628 --> 00:46:05,096
The obituaries?
843
00:46:05,129 --> 00:46:07,325
Richard Speck. Killed
eight nurses in 66.
844
00:46:07,365 --> 00:46:09,925
Died in prison. He was 49.
845
00:46:09,967 --> 00:46:11,959
Cheney's 42.65073
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