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[Man Narrating]
In the criminal justice system,
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00:00:02,236 --> 00:00:05,809
the people are represented by two separate
yet equally important groups...
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00:00:05,873 --> 00:00:07,819
the police, who investigate crime,
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00:00:07,875 --> 00:00:10,583
and the district attorneys,
who prosecute the offenders.
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00:00:10,644 --> 00:00:12,453
These are their stories.
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00:00:13,447 --> 00:00:16,951
Hi, darling. I'm in the park,
near that memorial thing
for Lennon.
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00:00:17,951 --> 00:00:20,864
Not the Communist.
The Beatle.
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00:00:20,921 --> 00:00:25,097
Yes, the West Side.
Slumming.
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00:00:25,159 --> 00:00:28,333
Of course the caterer will be there.
He's devoted to me.
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00:00:29,463 --> 00:00:31,465
Hold on.
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00:00:33,634 --> 00:00:36,911
Oh, my God! Let me call you back.
I have to call 911.
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00:00:38,972 --> 00:00:41,009
Fourteen stab wounds.
Count 'em.
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00:00:41,075 --> 00:00:44,284
[Briscoe] How many of 'em were fatal?
At least three. Maybe four.
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00:00:44,345 --> 00:00:46,791
[Green] Damn. For a watch and a wallet.
Mm .
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00:00:46,847 --> 00:00:50,989
You got time of death, Doc?
Mm, given lividity, body temp and rigor...
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00:00:51,051 --> 00:00:54,294
add an hour or two for the low temps last night...
2:00 a.m., give or take.
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00:00:54,355 --> 00:00:56,392
Detectives.
[Siren Wails]
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00:00:56,457 --> 00:00:59,336
Dead guy's sportin' tin.
He's not a civilian.
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A cop?
Assistant District Attorney
Daniel Tenofsky. New York County.
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00:01:03,330 --> 00:01:07,403
I'll call the lieutenant.
He's with the Appeals Bureau.
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00:01:07,468 --> 00:01:09,539
Looks like he lost his last argument.
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The N.Y.P.D. is investigating
Mr. Tenofsky's brutal murder...
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00:02:03,357 --> 00:02:06,736
with all the resources at its disposal.
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00:02:06,794 --> 00:02:11,743
Let me make one thing perfectly clear
to the perpetrators of this awful deed.
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This city will not permit
an officer of the court
to be brought down in this manner...
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without swift and sure retribution.
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We can and we will exact the full measure
of punishment under the law...
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for the killer or killers
of Daniel Tenofsky.
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Tenofsky's bureau chief and deputy
are gonna pull all of his cases
and see if there's a connection.
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Twenty years in the office...
he had to send a lot of people to prison.
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00:02:38,358 --> 00:02:42,568
Dan was very well respected, Anita,
and a close colleague of McCoy's.
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Message received. Tell him that
Briscoe and Green are on it 24-7.
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We can let you have
a dozen investigators from the office.
Volunteers... no cost to the P.D.
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Well, if we need your help,
I'll call.
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[Knocking]
[Briscoe] Ms. Southerlyn.
Detective.
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Counselor.
Ed.
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McCoy wants to be briefed
every morning and evening.
Okay
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00:03:02,115 --> 00:03:06,825
- I hear McCoy's on the Warpath.
- Let's say the drums are beating
loud and clear.
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00:03:06,887 --> 00:03:08,833
What did the M.E. have to say?
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00:03:08,889 --> 00:03:11,870
The M.E. on the scene was a hair off...
16 puncture wounds.
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And a .38-caliber bullet.
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00:03:14,161 --> 00:03:16,107
They shot him too?
First.
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00:03:16,163 --> 00:03:19,110
Close-up to the heart.
Tenofsky was dead
before he hit the ground.
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00:03:19,166 --> 00:03:22,079
D.A.'s tend to make a lot of enemies
in the real world.
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00:03:22,135 --> 00:03:24,376
[Green] Somebody sure took it personally.
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00:03:24,438 --> 00:03:29,319
Well, Tenofsky signed out
of the Appeals Bureau
at 7:45 p.m. sharp, like always.
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Told his secretary
he was heading home
to edit a brief.
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00:03:33,146 --> 00:03:36,093
- All work and no play.
- Home is Garfield Place.
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00:03:36,149 --> 00:03:40,188
That's Park Slope, Brooklyn.
Six hours later, he's killed in Central Park.
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00:03:40,254 --> 00:03:44,293
So, let's start with his apartment,
see if he made it home that night
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00:03:48,228 --> 00:03:50,174
[Briscoe] Cozy.
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00:03:50,230 --> 00:03:52,767
Well, we know he made it home.
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00:03:52,833 --> 00:03:57,213
Question is, he orders a little Chinese,
he's right in the middle of work,
why does he go out again...
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00:03:57,271 --> 00:04:00,809
and why does he end up in Central Park
at 2:00 in the morning?
55
00:04:00,874 --> 00:04:03,821
I'd say we should look
through his personal effects,
but first he'd have to have some.
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00:04:03,877 --> 00:04:06,357
Filofax is personal.
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00:04:06,413 --> 00:04:10,919
Let's see. Landlord,
computer tech support,
plumber, painter.
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00:04:10,984 --> 00:04:14,158
Indian chief.
No family? No friends?
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00:04:14,221 --> 00:04:17,464
Appeals Bureau D.A.'s...
in order of seniority.
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00:04:17,524 --> 00:04:21,870
Tenofsky had less of a personal life
than my first wife.
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00:04:21,929 --> 00:04:24,739
"Opera News.”
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00:04:24,798 --> 00:04:26,744
“Sea-Kayaker Quarterly ”
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00:04:26,800 --> 00:04:30,077
No letters, no postcards.
We should check his e-mails.
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00:04:30,137 --> 00:04:33,914
What do you wanna bet it's all spam?
[Laughs] I'm impressed that you
know what that is.
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00:04:33,974 --> 00:04:36,648
I used to think it was lunch meat.
Hey.
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[Beeps]
[Electronic Voice] You have one new message.
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[Woman ]
This is Penny from Vidiots.
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00:04:42,416 --> 00:04:45,420
Just wanted to let you know
the director's cut of Repo Man came in.
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00:04:45,485 --> 00:04:49,331
We'll hold it till Thursday.
[Electronic Voice] End of final message.
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So much for a personal life.
[Beeps]
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00:04:51,692 --> 00:04:53,694
Repo Man?
Yeah. It's a classic, man.
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00:04:53,760 --> 00:04:57,264
No. The Wild Bunch...
that's a classic.
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00:04:57,331 --> 00:05:00,835
The machine says one message,
but the handset has two calls
that came in last night.
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00:05:00,901 --> 00:05:04,371
- Yeah, the video store.
- That was 7:20, before he got home.
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00:05:04,438 --> 00:05:08,181
The other one comes in at 11:15,
and he answered it.
It's four minutes long.
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00:05:08,241 --> 00:05:12,212
Maybe that's the one
that dragged him back out
into the cold, cruel world.
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00:05:12,279 --> 00:05:15,123
[Line Rings, Clicks]
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00:05:15,182 --> 00:05:18,186
Bruno's Pizza? No, man.
We'll actually pick up.
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00:05:18,251 --> 00:05:20,253
Can you tell us
where you're located?
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00:05:21,321 --> 00:05:23,767
No. No Bruno. Just me... Alec.
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00:05:23,824 --> 00:05:26,566
Bought the place five years ago.
Times change.
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00:05:26,627 --> 00:05:28,937
So, Mr. LeMaine, you're positive
you don't recognize this man?
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Should I?
[Briscoe ] We're not sure.
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00:05:31,999 --> 00:05:35,276
Did you notice anybody
using your phone
a little bit after 11:00?
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00:05:35,335 --> 00:05:37,372
After 11:00? No way. We close at 10:00.
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00:05:37,437 --> 00:05:40,646
Everybody's gone by 10:30.
The place is locked up tight.
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00:05:40,707 --> 00:05:42,744
We're gonna need a list
of all your employees...
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00:05:42,809 --> 00:05:45,688
with social security
and home phone numbers.
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00:05:49,316 --> 00:05:51,728
What about the list of names
from the pizzeria?
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00:05:51,785 --> 00:05:53,731
No pops from Tenofsky's cases.
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00:05:53,787 --> 00:05:56,927
Maybe it was personal,
not professional.
Personal how?
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00:05:56,990 --> 00:06:00,164
I mean, his apartment isn't exactly
a gold mine of information.
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00:06:00,227 --> 00:06:04,004
I didn't even know Dan's middle name
until I pulled his personnel file.
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00:06:04,064 --> 00:06:08,171
And we're gonna want to check
with his next of kin.
His attorneys still looking.
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00:06:08,235 --> 00:06:11,682
So, no next of kin?
[O'Dwyer] Tenofiky was a lifer
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00:06:11,738 --> 00:06:14,617
joined the office right out
of Brooklyn Law School.
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Started in Trial Bureau 40
where he was considered
a rising star.
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00:06:18,679 --> 00:06:21,683
The next Jack McCoy.
McCoy must have thought so too.
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00:06:21,748 --> 00:06:26,322
- He tapped Tenofsky to second-chair him
on the Hiltbrand trial.
- The serial killer.
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00:06:26,386 --> 00:06:31,460
Ten years ago, Schiff was set
to elevate Tenofsky to bureau chief
at Trial Bureau 90.
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Then out of the blue, he put in
for a transfer to Appeals.
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From chief to line appeals assistant?
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All due respect,
but that's a big step down.
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00:06:40,267 --> 00:06:42,770
What happened? Trial work
get to be too much stress?
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00:06:42,836 --> 00:06:46,443
- Tenofsky said he just wanted
to try something new.
- [Green] How'd he work out in Appeals?
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00:06:46,506 --> 00:06:49,646
Dan was a beautiful writer.
He was good on his feet.
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I made him senior appellate counsel
within a year.
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00:06:53,347 --> 00:06:56,191
So everybody was happy?
He didn't have a family
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00:06:56,249 --> 00:06:59,128
He didn't give a damn
about his caseload, holidays.
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A man for all seasons.
So, who should we talk to?
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00:07:03,523 --> 00:07:08,131
Dan had an office mate...
a junior A.D.A. named Susan Yee.
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00:07:08,195 --> 00:07:12,644
Twenty years on the job
and he's bunkin' with a kid
just out of law school?
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Tenofsky didn't seem to mind.
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Tell you the truth,
I think he liked the company.
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Brooklyn Law School.
Magna cum laude.
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Admitted, Southern District.
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U.S. Court of Appeals,
Second Circuit.
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00:07:27,380 --> 00:07:30,259
Mr. Tenofsky was one of
the brightest men I have ever met.
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How long did you two share an office?
Four years.
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00:07:33,887 --> 00:07:36,094
And you still call him Mr. Tenofsky?
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He called me Ms. Yee.
I called him Mr. Tenofsky.
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He wasn't exactly outgoing.
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Four years in the same room.
You guys ever go out?
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Movies, dinner, anything?
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00:07:45,265 --> 00:07:47,211
Mr. Tenofsky was a lot older.
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00:07:47,267 --> 00:07:51,443
And besides, I like conversations
with a guy to go past,
“Cold enough for you?"
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00:07:51,505 --> 00:07:53,451
Or “How about those Mats?”
128
00:07:53,507 --> 00:07:55,851
Can you tell us anything else about him?
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00:07:55,909 --> 00:07:57,889
He took his coffee black and was
a stickler for bluebook form.
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00:07:57,944 --> 00:08:00,515
- That's it?
- Sorry.
131
00:08:00,580 --> 00:08:03,390
The more we learn about Tenofsky,
the less we know.
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00:08:03,450 --> 00:08:05,862
We're fresh out of ideas.
If you could give us anything.
133
00:08:05,919 --> 00:08:08,729
I heard that he dated
an assistant in Frauds,
134
00:08:08,789 --> 00:08:11,736
but that would have been years ago.
135
00:08:11,792 --> 00:08:15,035
We went to the movies a couple of times.
He liked sci-fi.
136
00:08:15,095 --> 00:08:19,544
Two or three nice dinners.
He took me to the Met to see Aida,
the Zeffirelli production.
137
00:08:19,599 --> 00:08:21,943
I missed that one.
It was amazing.
138
00:08:22,002 --> 00:08:24,278
So, it sounds like things
were going along swimmingly.
139
00:08:24,337 --> 00:08:27,341
So, after the fat lady sang?
Nothing.
140
00:08:27,407 --> 00:08:32,652
As in?
As in just when it was about to get serious,
for me anyway... he never calls again.
141
00:08:32,712 --> 00:08:37,058
But even when we were dating,
it was almost like Dan was M.I.A.
The nowhere man.
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00:08:37,117 --> 00:08:41,497
He hardly ever talked about his family,
what he was feeling...
anything except work.
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00:08:41,555 --> 00:08:43,694
I got the sense
there was plenty going on inside,
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00:08:43,757 --> 00:08:46,169
but he wasn't sharing it,
at least not with me.
145
00:08:46,226 --> 00:08:48,297
From what we hear,
he wasn't sharing it with anybody.
146
00:08:48,361 --> 00:08:50,307
Oh, God. How'd his brother take it?
147
00:08:50,363 --> 00:08:52,365
That's the first we've heard
he had a brother.
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00:08:52,432 --> 00:08:55,003
We'll need his name.
I'm not sure he mentioned it.
149
00:08:55,068 --> 00:08:57,639
Lives in Arizona, I think.
Dan used to meet him out there.
150
00:08:57,704 --> 00:09:01,846
They'd go to a swap meet every spring.
Quartzite, Arizona?
151
00:09:03,476 --> 00:09:08,118
I got phone records from 1990...
in reverse chronological order.
152
00:09:08,181 --> 00:09:12,186
Only thing I have left from the '90s
are a couple of wide ties.
153
00:09:12,252 --> 00:09:15,199
[Sighs] If Tenofsky had a brother,
I can't find any sign of him.
154
00:09:15,255 --> 00:09:18,930
You know, he never really made the moves
on that A.D.A. Estrada.
155
00:09:18,992 --> 00:09:22,462
Or Susie Yee either.
Why, you think he was gay?
156
00:09:22,529 --> 00:09:24,475
Well, I think both ladies
are muy caliente.
157
00:09:24,531 --> 00:09:28,479
Straight or gay, my motto is,
“Don't know, don't care.”
Unless it got him killed.
158
00:09:28,535 --> 00:09:33,211
This guy saved the renewal notices
from his magazine subscriptions.
159
00:09:35,642 --> 00:09:39,146
Ticket stub for a flight from Phoenix
to Quartzite, Arizona.
160
00:09:39,212 --> 00:09:43,820
Anything about the brother?
Uh, hotel receipt, single room.
161
00:09:43,884 --> 00:09:46,262
Oh, here's a brochure for that swap meet.
162
00:09:46,319 --> 00:09:49,994
It's five years ago.
Ticket stub's that old too.
163
00:09:50,056 --> 00:09:53,162
Hey, when did you say Tenofsky
graduated Brooklyn Law?
164
00:09:53,226 --> 00:09:56,264
Uh, the diploma in his office said 1980.
165
00:09:56,329 --> 00:09:59,640
So that would have meant
he would have been in Brooklyn
from '77 on.
166
00:09:59,699 --> 00:10:05,240
Yeah. Brooklyn Law School
is three years if you go days,
four years if you go nights.
167
00:10:05,305 --> 00:10:07,478
I thought about it a while back.
168
00:10:07,540 --> 00:10:10,248
You'd have made a hell of a shyster.
Bite your tongue.
169
00:10:10,310 --> 00:10:13,883
So, what's the sudden interest
in Tenofsky's domicile 20 years ago?
170
00:10:13,947 --> 00:10:19,056
Well, this dude saved everything
including rent receipts.
Yeah, he was a little obsessive.
171
00:10:19,119 --> 00:10:23,568
Yeah, well, according to these receipts,
he lived in Phoenix in '78 and '79...
172
00:10:23,623 --> 00:10:26,399
while attending law school in Brooklyn.
173
00:10:29,262 --> 00:10:31,208
That's a hell of a commute.
174
00:10:34,200 --> 00:10:37,579
[Typing On Keyboard]
"Tenorskie, Daniel ”
175
00:10:37,637 --> 00:10:41,608
Day student, third section,
enrolled 1977.
176
00:10:41,675 --> 00:10:43,677
So Tenofsky was in New York.
177
00:10:43,743 --> 00:10:46,849
Well, he had a “y”
on the end of his name.
This one has an “ie."
178
00:10:46,913 --> 00:10:49,951
First semester grades...
[Scoffs]
179
00:10:50,016 --> 00:10:54,590
Second semester...
class rank 302 of 315?
180
00:10:54,654 --> 00:10:56,725
Talk about your underachiever.
181
00:10:56,790 --> 00:11:00,636
Well, he must have burned
a barrel of midnight oil
his second and third years, right?
182
00:11:00,694 --> 00:11:03,675
No.
Well, how the hell did he
graduate with honors?
183
00:11:03,730 --> 00:11:05,676
He didn't... with or without honors.
184
00:11:05,732 --> 00:11:08,804
See for yourself.
He withdrew, 1978.
185
00:11:08,868 --> 00:11:11,314
[Briscoe] When the going gets tough,
the tough drop out.
186
00:11:11,371 --> 00:11:14,045
So, who was the guy behind the
desk in the Appeals Bureau?
187
00:11:14,107 --> 00:11:16,053
You got a photo of him in there?
188
00:11:16,109 --> 00:11:19,420
I'd have to go down to the records room
for that.
189
00:11:19,479 --> 00:11:22,050
It'll... take a while.
190
00:11:22,115 --> 00:11:24,061
We'll wait.
191
00:11:25,385 --> 00:11:28,889
Yeah, that's me in law school.
Boy, look at that hairline.
192
00:11:28,955 --> 00:11:31,231
Uh, got a lot more forehead now.
193
00:11:31,291 --> 00:11:33,430
But him... Him I don't recognize.
194
00:11:33,493 --> 00:11:36,872
Who'd wanna impersonate me anyway?
Well, we were hoping you could tell us.
195
00:11:36,930 --> 00:11:41,072
Mike, bring that basket up A.S.A.P.
They're waitin' on you.
196
00:11:41,134 --> 00:11:45,014
Well, yeah, I, uh--
I wanted to be a lawyer, but, uh--
197
00:11:45,071 --> 00:11:47,347
Man, Civil Pro...
I didn't have a clue.
198
00:11:47,407 --> 00:11:50,513
Things usually work out for the best, huh?
I guess.
199
00:11:50,577 --> 00:11:52,648
Well, sorry. I... I can't help you.
200
00:11:52,712 --> 00:11:54,658
Look, around the time
that you were in law school,
201
00:11:54,714 --> 00:11:57,422
somebody got ahold of your social
security number and your date of birth.
202
00:11:57,484 --> 00:11:59,862
Twenty years go.
[ Chuckles ]
203
00:11:59,919 --> 00:12:02,627
Managed a bakery, uh, drove a cab.
204
00:12:02,689 --> 00:12:05,761
- Even did a stint as a C.P.A.
- Exciting.
205
00:12:05,825 --> 00:12:09,068
Never had any trouble with my credit
or anything like that.
206
00:12:09,129 --> 00:12:11,507
You hear a lot about
this identity theft stuff, but...
207
00:12:11,564 --> 00:12:13,373
Do you belong to any
professional associations?
208
00:12:13,433 --> 00:12:15,276
Maybe somebody got ahold
of your personal information.
209
00:12:15,335 --> 00:12:19,784
I enrolled in a correspondence school
for accounting.
210
00:12:19,839 --> 00:12:22,342
I don't even know if it exists anymore.
211
00:12:22,409 --> 00:12:25,288
Um, Southwestern Arizona Academy.
212
00:12:25,345 --> 00:12:27,985
Phoenix, Arizona?
You've heard of it.
213
00:12:31,351 --> 00:12:35,731
The Bar Association is trying to figure out
how our Daniel Tenofsky got his credentials,
214
00:12:35,789 --> 00:12:37,735
which they're assuming were bogus.
215
00:12:37,791 --> 00:12:40,101
Good guess.
216
00:12:41,661 --> 00:12:44,608
Gotta tell you, Anita,
I'm mystified.
217
00:12:44,664 --> 00:12:47,474
I worked with Dan
before he went over to Appeals.
218
00:12:48,535 --> 00:12:51,744
We tried a lot of cases together.
219
00:12:51,805 --> 00:12:54,411
He was a first-rate attorney
with a first-rate mind.
220
00:12:54,474 --> 00:12:57,978
His social security number is fake too.
221
00:12:58,044 --> 00:13:00,752
Whatever reason,
it never triggered any alarms.
222
00:13:00,814 --> 00:13:03,351
So, who did I eulogize last night?
223
00:13:03,416 --> 00:13:06,659
You know who was at the memorial,
D.A.'s and ex-D.A.'s and their spouses,
224
00:13:06,719 --> 00:13:09,256
maybe a dozen cops.
225
00:13:09,322 --> 00:13:12,667
I knew every person in that room.
226
00:13:12,726 --> 00:13:17,539
Dan had no other friends there
and no family... no one from outside.
227
00:13:17,597 --> 00:13:22,808
Prints came up empty,
but the Arizona authorities
are confident something will pop.
228
00:13:23,903 --> 00:13:29,114
How did this guy get a job
in the D.A.'s office in the first place?
We're tryin' to find out.
229
00:13:29,175 --> 00:13:34,853
Tenofsky, or whoever he was,
tried dozens of cases...
230
00:13:34,914 --> 00:13:38,088
and argued appeals in every court
from here to Albany.
231
00:13:38,151 --> 00:13:41,621
Every one of those cases
has to be reviewed,
232
00:13:41,688 --> 00:13:44,464
the parties advised,
judges notified.
233
00:13:44,524 --> 00:13:48,768
Any of his cases at risk?
Not at all.
234
00:13:48,828 --> 00:13:51,172
Like I said,
his work was impeccable.
235
00:13:51,231 --> 00:13:55,145
Thank God, because the chief judge
of the appellate division...
236
00:13:55,201 --> 00:13:59,047
has already called Mr. Branch
four times this morning.
237
00:13:59,105 --> 00:14:01,779
If I get anything from Arizona...
238
00:14:01,841 --> 00:14:04,981
I'd appreciate it.
239
00:14:05,044 --> 00:14:07,718
[Door Opens]
240
00:14:07,780 --> 00:14:11,387
Phoenix P.D.just faxed this over.
241
00:14:11,451 --> 00:14:14,193
Tenofsky's real name
was Jacob Deiter.
242
00:14:14,254 --> 00:14:16,598
Born: Sedona, Arizona, 1958.
243
00:14:16,656 --> 00:14:21,071
University of Phoenix, prelaw.
B.S... Economics, summa cum laude.
244
00:14:21,127 --> 00:14:24,870
Phi Beta Kappa. Took the L.S.A.T.'s--
upper fifth percentile.
245
00:14:24,931 --> 00:14:29,141
- And never applied to law school.
- Why, I can't imagine.
Dan obviously had the chops.
246
00:14:29,202 --> 00:14:32,649
He worked as a paralegal,
then after that, at a software company
247
00:14:32,705 --> 00:14:35,618
After that, it was a series of dead-end jobs.
248
00:14:35,675 --> 00:14:38,246
Wound up at a correspondence college
in Phoenix.
249
00:14:38,311 --> 00:14:41,121
Where he crossed paths
with the genuine Tenofskie.
250
00:14:41,181 --> 00:14:43,422
When the New York Tenofskie
enrolled at the Arizona school,
251
00:14:43,483 --> 00:14:46,396
his life became an open book
to anyone with access to its records.
252
00:14:46,452 --> 00:14:50,923
Deiter glommed Tenofskie's
social security number,
his date of birth.
253
00:14:50,990 --> 00:14:55,097
He changed the “ie" to “y”
to escape easy detection
and faked the rest.
254
00:14:55,161 --> 00:14:58,574
Nobody checked his bona fides?
[Southerlyn] Apparently not.
255
00:14:58,631 --> 00:15:02,670
He was a brilliant attorney, Arthur.
There was never any reason
to doubt his background.
256
00:15:04,938 --> 00:15:07,350
Have we found anything yet
that's relevant to his murder?
257
00:15:07,407 --> 00:15:09,910
Not yet.
258
00:15:09,976 --> 00:15:12,081
Well, in that case,
I'd be delighted to ponder...
259
00:15:12,145 --> 00:15:15,592
the psychological enigma
that was Jacob Deiter,
260
00:15:15,648 --> 00:15:17,924
but I've gotta double-time it
up to the appellate division.
261
00:15:17,984 --> 00:15:20,191
Midonas?
262
00:15:20,253 --> 00:15:22,631
Chief judge Leonidas Midonas.
263
00:15:22,689 --> 00:15:24,862
I'd sooner fess up
to cheatin' on my taxes...
264
00:15:24,924 --> 00:15:27,598
as to hand him
a shaggy-dog story like this.
265
00:15:27,660 --> 00:15:29,901
Tenofsky was appointed by Mr. Schiff.
266
00:15:29,963 --> 00:15:33,809
It doesn't matter whose watch it was on.
Still reflects badly on this office.
267
00:15:33,867 --> 00:15:35,869
But Dan's work doesn't.
268
00:15:35,935 --> 00:15:38,108
I never met Jacob Deiter.
269
00:15:38,171 --> 00:15:41,209
I only knew Dan Tenofsky,
and, I'm telling you,
270
00:15:41,274 --> 00:15:43,777
we lost a good D.A.
271
00:15:49,749 --> 00:15:52,423
Word gets out, every Legal Aid lawyer
from here to Harlem...
272
00:15:52,485 --> 00:15:57,457
will be filing appeals for jailbirds
we all know are guilty as sin.
273
00:15:58,591 --> 00:16:00,901
Well aware of that.
274
00:16:00,960 --> 00:16:03,668
But for what it's worth,
McCoy assures me...
275
00:16:03,730 --> 00:16:06,040
that Tenofsky's convictions
are unassailable.
276
00:16:06,099 --> 00:16:09,672
And just how does he know that?
He's tried a good number of cases
with Tenofsky.
277
00:16:09,736 --> 00:16:14,412
You remember how it is.
You get to know a man
in the trenches, under fire.
278
00:16:14,474 --> 00:16:18,684
- You get to know what makes him tick.
- Mr. McCoy doesn't seem to have
known Mr. Tenofsky at all.
279
00:16:18,745 --> 00:16:20,986
I'm not taking any chances.
280
00:16:21,047 --> 00:16:25,018
My clerks will pore over
25 of Tenofsky's appeals.
281
00:16:25,084 --> 00:16:27,155
I thought it was 50 cases
he argued before your bench.
282
00:16:27,220 --> 00:16:31,191
Since Mr. McCoy vouches
for Mr. Tenofsky's legal acumen
283
00:16:31,257 --> 00:16:33,703
he and Ms. Southerlyn
can comb through the other half.
284
00:16:33,760 --> 00:16:36,104
They'll be delighted to help.
285
00:16:36,162 --> 00:16:40,372
I imagine you'll be giving his trial
matters the once-over as well.
286
00:16:42,235 --> 00:16:45,148
People v. Littman.
Conviction... June 8,1996.
287
00:16:45,204 --> 00:16:48,447
Appealed... October, 1997.
288
00:16:48,508 --> 00:16:51,489
Affirmed per curiam opinion...
January, 1998.
289
00:16:51,544 --> 00:16:53,490
I'm not surprised.
290
00:16:53,546 --> 00:16:55,958
All his appeals look rock-solid.
291
00:16:57,951 --> 00:17:03,025
I'm gonna jump back
to Tenofsky's trial folders.
Okay.
292
00:17:03,089 --> 00:17:05,262
Well, this one looks enticingly light.
293
00:17:06,759 --> 00:17:09,035
People v. Tortomassi et al.
294
00:17:09,095 --> 00:17:12,167
Franco Tortomassi?
295
00:17:12,231 --> 00:17:14,211
Who is he?
296
00:17:14,267 --> 00:17:17,544
He's the underboss
of the Masucci crime family.
297
00:17:17,603 --> 00:17:20,812
When did the office indict him?
298
00:17:20,873 --> 00:17:22,875
It didn't.
299
00:17:25,578 --> 00:17:28,650
But it looks like, 10 years ago,
Tenofsky came close.
300
00:17:30,817 --> 00:17:34,162
Listen to this.
A New York Ledger employee,
Robert Parenti, disappeared.
301
00:17:34,220 --> 00:17:37,099
Body was never found.
302
00:17:37,156 --> 00:17:39,568
The mob kidnapped a reporter?
303
00:17:39,625 --> 00:17:42,105
Mm-mmm. Mr. Parenti
worked on the Ledger loading dock.
304
00:17:42,161 --> 00:17:44,664
And Tenofsky caught this case how?
305
00:17:45,865 --> 00:17:47,867
It doesn't say.
306
00:17:49,168 --> 00:17:53,082
It started out like gangbusters
when he saw it might lead
to Franco Tortomassi.
307
00:17:53,139 --> 00:17:55,585
Grand jury impaneled.
308
00:17:55,641 --> 00:17:58,747
Two witnesses testified
named Biscotti and Libretti...
309
00:17:58,811 --> 00:18:01,291
a.k.a. Biscuits and Books.
310
00:18:02,515 --> 00:18:04,722
Bill of indictment... never filed.
311
00:18:06,452 --> 00:18:08,398
You never heard about this?
312
00:18:08,454 --> 00:18:10,400
I wouldn't necessarily
until the indictment was filed.
313
00:18:10,456 --> 00:18:14,199
And Dan especially...
always played his cards
very close to his vest.
314
00:18:15,261 --> 00:18:18,504
So, why couldn't Dan
make the Parenti case stick?
315
00:18:18,564 --> 00:18:20,566
From where I'm sitting,
it looks like a slam dunk.
316
00:18:20,633 --> 00:18:24,604
Two low-level wise guys were initially
named in the indictment
and then dropped.
317
00:18:24,670 --> 00:18:26,877
Cooperating against Tortomassi.
318
00:18:27,874 --> 00:18:29,820
Well, it must have been
something good,
319
00:18:29,876 --> 00:18:32,482
because Tenofsky was getting them
into Witness Protection.
320
00:18:38,584 --> 00:18:41,929
Jack, all of the witnesses' statements
are missing...
321
00:18:41,988 --> 00:18:46,437
along with a load of other things...
transcripts, blue-backs.
322
00:18:48,361 --> 00:18:50,307
It's all fouled up.
323
00:18:52,131 --> 00:18:55,305
Tortomassi got to Tenofsky somehow.
324
00:18:55,368 --> 00:18:58,144
Dropped the case, gutted the file.
325
00:18:58,204 --> 00:19:02,550
- A bribe?
- Dan cared less about money
than anyone I ever met.
326
00:19:03,609 --> 00:19:08,490
Who was this guy?
[Sighs]
327
00:19:08,548 --> 00:19:10,789
Put Briscoe and Green on it.
328
00:19:15,188 --> 00:19:17,759
Biscuits and Books... sounds like
something those two would do.
329
00:19:17,824 --> 00:19:19,861
Always were more ambitious than smart.
330
00:19:19,926 --> 00:19:23,203
What are they doing today?
Made guys.
331
00:19:23,262 --> 00:19:26,971
Biscuits is muscle.
Books does a little this,
a little that.
332
00:19:27,033 --> 00:19:29,912
Old guy in the middle there
is Tortomassi, their boss.
333
00:19:29,969 --> 00:19:31,915
[Briscoe] I guess he never found out
that 10 years ago,
334
00:19:31,971 --> 00:19:33,917
those two were ready
to testify against him.
335
00:19:33,973 --> 00:19:36,010
Guess he didn't,
'cause they're still here.
336
00:19:36,075 --> 00:19:38,351
Old man's old-school.
337
00:19:38,411 --> 00:19:41,949
Three years ago, a punk in a car flipped him off
Do we wanna hear the rest of this?
338
00:19:42,014 --> 00:19:46,292
A month later, a couple of his goons
took a knife...
Bye-bye, birdie.
339
00:19:46,352 --> 00:19:49,765
Biscuits and Books are never gonna talk,
with or without their lawyers present.
340
00:19:49,822 --> 00:19:52,496
You know, maybe we should talk
to the widow Parenti.
341
00:19:52,558 --> 00:19:55,061
Maybe she can
shed some light on the matter.
342
00:19:58,598 --> 00:20:01,374
Bobby would've never
walked out on us.
343
00:20:01,434 --> 00:20:04,176
Me maybe.
Not the kids.
344
00:20:04,237 --> 00:20:07,343
So, you believe your husband
is dead, Mrs. Parenti?
345
00:20:08,341 --> 00:20:13,814
Ten years ago, I had Father Gallianto
say a funeral mass for him.
What do you think I think?
346
00:20:13,880 --> 00:20:17,384
Well, ma'am, what is it that your
husband knew that got him killed?
347
00:20:18,885 --> 00:20:22,059
I told all this to that D.A.
Uh...
348
00:20:22,121 --> 00:20:24,260
Mr. Tenofsky.
Yeah, yeah.
349
00:20:24,323 --> 00:20:27,793
I'm sorry, but, if you don't mind,
could you go over it again?
[Sighs]
350
00:20:33,332 --> 00:20:36,643
Bobby worked for the Ledger,
you know, but, uh, he didn't.
351
00:20:36,702 --> 00:20:40,479
- You understand?
- A no-show job.
352
00:20:40,540 --> 00:20:44,579
Only thing Bobby knew about newspapers
was sport section's in the back.
353
00:20:46,145 --> 00:20:50,025
Half the guys workin'
on that loadin' dock were no-shows.
354
00:20:50,082 --> 00:20:52,585
So Bobby kicked back
part of his salary,
and everybody was happy.
355
00:20:52,652 --> 00:20:54,859
Except Bobby.
356
00:20:54,921 --> 00:20:59,028
He said the cut should've been 60-40,
with him gettin' 60.
357
00:20:59,091 --> 00:21:02,903
He couldn't stop talkin' about it,
felt cheated.
358
00:21:02,962 --> 00:21:06,967
I told him to shut his mouth
and count his blessings, but...
359
00:21:07,033 --> 00:21:09,809
Somebody hears, figures
he's gonna blow a sweet deal...
360
00:21:09,869 --> 00:21:11,815
and your husband disappears.
361
00:21:13,072 --> 00:21:17,111
One day, he went to pick up
a paycheck... never saw him again.
362
00:21:18,277 --> 00:21:22,987
And you told all this to Mr. Tenofsky?
I even told him who did it.
363
00:21:23,049 --> 00:21:24,995
Bobby knew.
364
00:21:25,051 --> 00:21:28,692
He said, “Anything happens to me,
tell 'em Biscuits and Books done it."
365
00:21:29,689 --> 00:21:32,829
So I told that to Mr. Tenofsky,
366
00:21:32,892 --> 00:21:36,169
but, uh, nothin' ever happened.
367
00:21:43,803 --> 00:21:47,182
Tenofsky had Tortomassi dead to
rights on Bobby Parenti's murder.
368
00:21:47,240 --> 00:21:50,244
Mm-hmm, with Biscuits and Books
as ammo, finger on the trigger.
369
00:21:50,309 --> 00:21:55,019
[Green] And then nothin'.
Instead, Tenofsky turns down a promotion,
370
00:21:55,081 --> 00:21:58,062
transfers out of a high-end
trial division to Appeals...
371
00:21:58,117 --> 00:22:00,290
and buries himself in work.
372
00:22:00,353 --> 00:22:03,562
But only after
“Mr. Never Throw Anything Away“
cleaned out his case file.
373
00:22:03,623 --> 00:22:07,161
All in the middle of an investigation
that would've made his reputation.
That's just it.
374
00:22:07,226 --> 00:22:10,537
He wasn't who he said he was.
He couldn't afford a high profile.
375
00:22:10,596 --> 00:22:12,667
[Green] That's one explanation
for why he booted the case.
376
00:22:12,732 --> 00:22:14,678
The other is that
the wise guys got to him.
377
00:22:14,734 --> 00:22:16,941
Now, I know you don't
wanna hear that, but...
378
00:22:17,003 --> 00:22:20,041
All this relates to Tenofsky's murder
how exactly?
379
00:22:20,106 --> 00:22:22,814
How, exactly we don't know,
but get this.
380
00:22:22,875 --> 00:22:25,378
Biscuits had an uncle
who owned a pizza parlor...
381
00:22:25,444 --> 00:22:28,391
the same pizza parlor
where Tenofsky's call came from.
382
00:22:28,447 --> 00:22:32,520
The new owner just told us
he never got around
to changing the locks.
383
00:22:32,585 --> 00:22:35,691
The phone call that lured Tenofsky
to his death.
384
00:22:35,755 --> 00:22:38,668
So, what changed
in the basic equation?
385
00:22:38,724 --> 00:22:42,103
Something about Parenti's murder itself?
New evidence? A witness maybe?
386
00:22:42,161 --> 00:22:45,142
Libretti and Biscotti were afraid
the case would resurface.
387
00:22:45,197 --> 00:22:47,234
There's no statute of limitations
on murder.
388
00:22:47,300 --> 00:22:50,076
And no judge will give us a warrant
for what we have.
389
00:22:50,136 --> 00:22:54,414
We'll get around that.
Impanel an investigatory grand jury.
It can issue warrants.
390
00:22:54,473 --> 00:22:57,511
You want to leverage the Parenti case
to look into the Tenofsky murder.
391
00:22:57,576 --> 00:23:02,355
Detectives, investigate Parenti's
disappearance like it happened yesterday.
392
00:23:06,385 --> 00:23:10,162
Why all the interest in one dead
paisan 10 years down the road?
393
00:23:10,222 --> 00:23:14,170
Humor us, shop steward.
After all, he was one of yours.
394
00:23:14,226 --> 00:23:16,172
Bobby Parenti was a schnorer.
395
00:23:16,228 --> 00:23:19,903
Never did a day's work in his life.
Expected time-and-a-half for it.
396
00:23:19,965 --> 00:23:22,104
Man, if you could just
answer the question.
397
00:23:23,636 --> 00:23:27,448
Came in every Thursday,
pretended like he
actually worked here.
398
00:23:27,506 --> 00:23:29,611
[Green] I take it Thursday's payday
399
00:23:29,675 --> 00:23:35,057
One payday, he was real quiet,
kept lookin' over his shoulder
nervous-like.
400
00:23:35,114 --> 00:23:37,890
That's 'cause he knew
somebody was after him.
Biscuits and Books.
401
00:23:37,950 --> 00:23:41,693
Hey, I never said nothin'
about those two mooks.
402
00:23:41,754 --> 00:23:43,756
[Green] You saw them?
They were here?
403
00:23:44,757 --> 00:23:48,261
And you told Tenofsky.
You kidding?
404
00:23:48,327 --> 00:23:50,534
Okay, so Biscuits and Books...
405
00:23:51,697 --> 00:23:53,870
They were waiting for him
across the street.
406
00:23:53,933 --> 00:23:58,075
I seen 'em.
Parenti seen 'em too.
Went white as a ghost.
407
00:23:58,137 --> 00:24:01,414
He left. Biscuits and Books
were right behind him.
408
00:24:01,474 --> 00:24:05,047
We gotta get ahold of the detective
who caught the Parenti murder.
409
00:24:06,512 --> 00:24:09,618
[Vehicle Door Shuts]
So Biscuits and Books
scoop Parenti up.
410
00:24:09,682 --> 00:24:11,628
Yeah, and he disappears forever.
411
00:24:11,684 --> 00:24:14,631
The thing that bothers me
is how Tenofsky figured
to make the case without a body.
412
00:24:14,687 --> 00:24:18,294
And without that shop steward's info
that Biscuits and Books tailed Parenti.
413
00:24:18,357 --> 00:24:21,236
So, where is this Detective Michel
with all the answers?
There he is.
414
00:24:21,293 --> 00:24:24,672
[Green] Hey, man. What's up? Detective Green.
Ted Michel.
415
00:24:24,730 --> 00:24:26,676
Hiya, Ted.
Hi, Lennie. How are ya?
416
00:24:26,732 --> 00:24:30,509
So, what happened here?
The driver... stupid bastard...
forgot it wasn't his money.
417
00:24:30,569 --> 00:24:35,211
You got witnesses?
Deaf, dumb and blind.
Come on. Let's walk.
418
00:24:35,274 --> 00:24:39,245
Reason I called,
you worked with Tenofsky
on this Parenti case.
419
00:24:39,311 --> 00:24:41,621
Yeah, we hit it off.
That's why I brought him
the Parenti thing.
420
00:24:41,680 --> 00:24:44,286
You had no witnesses and nobody.
How'd y'all crack the case?
421
00:24:44,350 --> 00:24:46,523
The best way there is...
dumb luck.
422
00:24:46,585 --> 00:24:49,327
We had a snitch. He's dead now,
423
00:24:49,388 --> 00:24:53,097
but he heard Biscuits and Books
talkin' about it in some gin mill
in Far Rockaway.
424
00:24:53,159 --> 00:24:55,867
So the snitch told you
Biscuits and Books
killed Parenti.
425
00:24:55,928 --> 00:24:57,874
Yeah, but one thing
always bugged me.
426
00:24:57,930 --> 00:25:01,275
Biscuits and Books had an alibi for that day.
[Briscoe] You remember what it was?
427
00:25:01,333 --> 00:25:03,870
They worked construction
when they weren't busting arms.
428
00:25:03,936 --> 00:25:06,382
Crew swore up and down
they were on a concrete pour.
429
00:25:06,438 --> 00:25:09,476
And you don't know how Tenofsky
broke their alibi?
No idea.
430
00:25:09,542 --> 00:25:13,285
But he told me they sang
like the proverbial bird...
who, what, when, where.
431
00:25:13,345 --> 00:25:15,951
Why weren't their statements
included in the files?
432
00:25:16,015 --> 00:25:18,518
You'd have to ask Tenofsky.
433
00:25:18,584 --> 00:25:22,031
Ted, you have any idea
what happened to derail this thing?
434
00:25:22,088 --> 00:25:25,228
Biscuits and Books hired a mob lawyer.
All of a sudden, it was “ Katy, bar the door."
435
00:25:25,291 --> 00:25:27,237
Case closed.
436
00:25:30,396 --> 00:25:32,899
Ms. Southerlyn, I have advised my clients
not to speak.
437
00:25:32,965 --> 00:25:34,967
Kindly direct your remarks to me.
438
00:25:35,034 --> 00:25:37,480
They seemed ready to testify
against Tortomassi...
439
00:25:37,536 --> 00:25:40,073
in exchange for a grant of immunity
10 years ago.
440
00:25:41,473 --> 00:25:45,546
Without confirming or denying that assertion,
circumstances have changed.
441
00:25:45,611 --> 00:25:47,989
Meaning they're no longer willing
to turn on their boss.
442
00:25:48,047 --> 00:25:52,553
Meaning only that my clients are now
both successful businessmen.
443
00:25:52,618 --> 00:25:56,760
They're wise guys, and either
they're going to cooperate
or they're going to jail.
444
00:25:56,822 --> 00:26:01,066
- Oh, they've been to jail, counselor.
- Parenti's murder's
gonna put them away forever.
445
00:26:01,126 --> 00:26:05,097
Ms. Southerlyn, I agreed to see you
because I wanted to find out
what you had
446
00:26:06,098 --> 00:26:08,772
You've told me enough
to make me realize you have nothing.
447
00:26:11,670 --> 00:26:14,048
Biscuits and Books
were at the meeting?
448
00:26:14,106 --> 00:26:19,055
If Wachtler's worried enough
to circle the wagons, we must be close.
Not close enough.
449
00:26:19,111 --> 00:26:21,614
Tell Van Buren to have
Biscotti and Libretti arrested.
450
00:26:21,680 --> 00:26:24,627
With what?
I'll get Judge Midonas
to issue the warrants.
451
00:26:24,683 --> 00:26:26,822
Jack.
Just do it.
452
00:26:28,988 --> 00:26:31,434
[Chattering]
[Man] Hey!
453
00:26:31,490 --> 00:26:34,300
All right! Sit, stay.
454
00:26:34,360 --> 00:26:36,306
My lawyer told me to expect
a stunt like this.
455
00:26:36,362 --> 00:26:38,308
Oh, your lawyer's a wise man.
456
00:26:38,364 --> 00:26:41,868
Anthony Biscotti, you're under arrest
for the murder of Robert Parenti.
457
00:26:41,934 --> 00:26:45,074
You have the right to remain silent.
Good, 'cause I got nothin' to say.
458
00:26:45,137 --> 00:26:47,413
[Police Radio Chatter]
[Green] Frederico Libretti.
459
00:26:47,473 --> 00:26:51,148
[Drill Whirring] You're under arrest
for the murder of Robert Parenti.
460
00:26:51,210 --> 00:26:54,987
Never heard of him
You should. You killed him 10 years ago.
461
00:26:55,047 --> 00:26:56,993
Turn around, man.
462
00:26:58,817 --> 00:27:01,764
You have the right to remain silent.
Anything you say can be used
against you in a court of law.
463
00:27:01,821 --> 00:27:04,062
Watch your step.
You have the right to an attorney.
464
00:27:06,525 --> 00:27:09,404
People v. Anthony Biscotti
and Frederico Libretti.
465
00:27:09,461 --> 00:27:12,271
One count each,
murder in the second degree.
466
00:27:12,331 --> 00:27:15,175
- Pleas, gentlemen.
- Not guilty.
467
00:27:15,234 --> 00:27:19,148
- Me too.
- Would “me too's" attorney
care to amend the record?
468
00:27:19,205 --> 00:27:21,151
Mr. Libretti enters a plea
of not guilty, Your Honor.
469
00:27:21,206 --> 00:27:25,621
The defendants are persistent,
violent felons facing mandatory
life upon conviction.
470
00:27:25,678 --> 00:27:28,284
Say no more. Remand for both.
[Gavel Raps]
471
00:27:28,347 --> 00:27:30,452
Good day, Mr. Wachtler.
Next case, please.
472
00:27:31,483 --> 00:27:33,895
It didn't have to come to this.
473
00:27:33,953 --> 00:27:36,695
Of course it did.
Your clients killed Robert Parenti.
474
00:27:36,755 --> 00:27:40,259
They admitted it to Tenofsky
10 years ago.
475
00:27:40,326 --> 00:27:43,205
If you'd had any proof of that, McCoy
my little chat with your assistant...
476
00:27:43,262 --> 00:27:45,264
would have had
an entirely different tenor.
477
00:27:45,331 --> 00:27:50,371
Just out of curiosity,
how did you get Tenofsky
to drop the investigation?
478
00:27:50,436 --> 00:27:52,507
My sources tell me you can't find
most of his case file.
479
00:27:52,571 --> 00:27:57,020
I don't need his file to make
the case against your clients
for the Parenti murder.
480
00:27:57,076 --> 00:27:59,317
Only I don't really care
about the Parenti murder.
481
00:27:59,378 --> 00:28:02,086
I only care about Daniel Tenofsky.
482
00:28:02,147 --> 00:28:04,354
I'll apprise my clients of your concerns.
483
00:28:04,416 --> 00:28:07,795
Tell them, if I don't find out
who killed Tenofsky,
484
00:28:07,853 --> 00:28:09,992
they go to prison for life
for Parenti.
485
00:28:10,055 --> 00:28:13,730
As to that, my clients
testified in the grand jury.
486
00:28:13,792 --> 00:28:17,763
Under the criminal procedure law,
they received automatic
transactional immunity.
487
00:28:17,830 --> 00:28:20,367
I'm familiar with C.P.L. 190.40.
488
00:28:20,432 --> 00:28:24,847
Then you know you can't prosecute them
for Parenti's murder, no matter
what their level of participation.
489
00:28:24,904 --> 00:28:28,044
That statute
is subject to interpretation.
490
00:28:28,107 --> 00:28:31,816
You're familiar with this, too,
I presume?
491
00:28:34,313 --> 00:28:37,920
Motion to dismiss all charges
against Messrs. Libretti and Biscotti.
492
00:28:37,983 --> 00:28:42,489
Any cooperation from my clients
will be completely voluntary.
493
00:28:47,092 --> 00:28:50,039
Ironic they're claiming immunity
because they talked to the grand jury,
494
00:28:50,095 --> 00:28:53,907
and we can't prove they killed Parenti,
because the grand jury minutes
are missing.
495
00:28:53,966 --> 00:28:58,608
Yes, but Tenofsky did a thorough job
of stripping his file...
496
00:28:58,670 --> 00:29:02,015
grand jury transcripts,
witness statements.
497
00:29:02,074 --> 00:29:05,521
So we don't know for sure
that Biscotti and Libretti
actually testified.
498
00:29:05,577 --> 00:29:08,183
No testimony, no immunity.
499
00:29:08,247 --> 00:29:10,193
I only know what I can prove.
500
00:29:10,249 --> 00:29:14,493
- [Branch] The grand jury reporter?
- Retired. Junked her tapes years ago.
501
00:29:14,553 --> 00:29:18,126
- What about the grand jury warden?
- Died in 1995.
502
00:29:18,190 --> 00:29:22,195
So really there's no proof
that they ever spilled their guts.
503
00:29:22,261 --> 00:29:26,038
Whereas, if judge Bradley upholds
immunity for these two cowboys...
504
00:29:26,098 --> 00:29:28,408
Our leverage on the Tenofsky murder
goes out the window.
505
00:29:28,467 --> 00:29:31,971
We take the position
that Books and Biscuits never testified,
506
00:29:32,037 --> 00:29:34,244
therefore,
weren't properly immunized.
507
00:29:34,306 --> 00:29:36,616
To get them to tell us what they know
about the Tenofsky killing.
508
00:29:36,675 --> 00:29:39,383
And round and round she goes.
509
00:29:42,881 --> 00:29:48,854
Mr. McCoy, the Tenofsky debacle
does not constitute an excuse
for sloppy record keeping.
510
00:29:48,921 --> 00:29:54,337
If our suspicions are correct, sir,
Mr. Tenofsky only disposed
of the Parenti materials...
511
00:29:54,393 --> 00:29:56,395
at the bidding of the defendants.
512
00:29:56,462 --> 00:29:59,409
The D.A. has “suspicions,”
and he wants to hang my guys?
513
00:29:59,465 --> 00:30:01,467
They could use hanging, counselor.
514
00:30:02,768 --> 00:30:06,341
C.P.L. 190 says the defendants
are immune from prosecution...
515
00:30:06,405 --> 00:30:10,319
if they testified
in the Parenti grand jury.
516
00:30:10,376 --> 00:30:14,483
Tenofsky was arranging
for the defendants to enter
the Witness Protection Program.
517
00:30:14,546 --> 00:30:17,186
He'd hardly have done that
if they weren't cooperating.
518
00:30:17,249 --> 00:30:20,924
That evidence suggests only
that the defendants may have
considered testifying.
519
00:30:20,986 --> 00:30:22,932
There's no proof
that they actually did.
520
00:30:22,988 --> 00:30:24,934
The statute is clear.
521
00:30:24,990 --> 00:30:29,302
Immunity doesn't attach
until the witness is swam and testifies.
522
00:30:29,361 --> 00:30:31,932
Which I assure you they did.
You want me to conclude...
523
00:30:31,997 --> 00:30:36,810
that your clients, in fact,
appeared before the grand jury
because you say they did?
524
00:30:38,537 --> 00:30:42,713
- What turnip truck do you figure
I fell off of, Mr. Wachtler?
- Judge.
525
00:30:42,774 --> 00:30:47,245
Your choirboys were prepared
to cut a deal once, counselor
Why not go two for two?
526
00:30:49,815 --> 00:30:53,353
There being no demonstrable
imposition of immunity here,
527
00:30:54,520 --> 00:30:58,058
the People are free
to pursue prosecution
against these defendants.
528
00:31:00,693 --> 00:31:04,072
How are we gonna prove
Biscotti and Libretti killed Parenti...
529
00:31:04,129 --> 00:31:06,541
without a body,
the snitch or a motive?
530
00:31:07,800 --> 00:31:10,474
Tenofsky thought
he had enough of a case
to go after Tortomassi...
531
00:31:10,536 --> 00:31:12,482
with Libretti and Biscotti as witnesses.
532
00:31:12,538 --> 00:31:15,018
Yeah, well, whatever's
missing from his files...
533
00:31:15,073 --> 00:31:18,077
would come in handy
right about now.
534
00:31:20,512 --> 00:31:22,514
[Sighs]
535
00:31:25,384 --> 00:31:27,830
What did the arresting officer
say about their alibi?
536
00:31:27,886 --> 00:31:30,662
Working a construction job.
537
00:31:30,722 --> 00:31:34,135
Their alibi was Tenofsky's proof.
538
00:31:35,227 --> 00:31:38,936
Tenofsky was certain
that Biscuits and Books killed Parenti...
539
00:31:38,997 --> 00:31:43,070
because Tenofsky knew
where they stashed the body.
540
00:31:46,805 --> 00:31:49,581
[Engine Rumbling]
[Backup Beeper]
541
00:31:52,077 --> 00:31:54,023
Got a pair of hands here.
542
00:31:54,079 --> 00:31:56,889
[Jackhammer Drilling]
543
00:31:56,949 --> 00:31:58,951
Bobby Parenti.
544
00:32:03,655 --> 00:32:06,602
[Briscoe] In the flesh, so to speak.
545
00:32:06,658 --> 00:32:09,332
How the hell did you know
where to find him, counselor?
546
00:32:09,394 --> 00:32:13,103
Tenofsky... Dan would never open
a grand jury on the say-so of a snitch.
547
00:32:13,165 --> 00:32:16,703
So you figured he had more.
And I think he wanted us to find it.
548
00:32:18,203 --> 00:32:21,480
Dan gutted most of the case file
but not all of it.
549
00:32:21,540 --> 00:32:24,987
He left a Department of Public Works
order form
Now you lost me.
550
00:32:25,043 --> 00:32:28,149
Ten years ago, the city
was ripping up this same area.
551
00:32:28,213 --> 00:32:33,060
The concrete subcontractor
doing the work
was Tortomassi Ready Mix.
552
00:32:33,118 --> 00:32:35,962
Biscuits' and Books' alibi...
those dumb bastards.
[Chuckles]
553
00:32:36,021 --> 00:32:38,228
Killed Parenti and buried him
in the abutment.
554
00:32:38,290 --> 00:32:41,669
Then when they heard the city
was ripping everything up again,
they knew the body would be found.
555
00:32:41,727 --> 00:32:45,869
And the only one who could tie it
to the Three Amigos
was Dan Tenofsky.
556
00:32:45,931 --> 00:32:47,877
Let's call Wachtler,
557
00:32:47,933 --> 00:32:51,506
ask him if his clients are ready now
to testify against their boss again.
558
00:32:57,509 --> 00:32:59,455
You got Parenti's body.
So what?
559
00:32:59,511 --> 00:33:02,390
We dug him
out of a construction site
where your clients worked.
560
00:33:02,447 --> 00:33:04,449
Along with a hundred other guys.
Again, so what?
561
00:33:04,516 --> 00:33:07,861
We re-covered skin
from under Parenti's fingermails.
562
00:33:07,920 --> 00:33:10,867
The M.E. says
there's more than enough
for a D.N.A. match.
563
00:33:14,326 --> 00:33:18,206
My guys might be willing to reiterate
their original statements
for the original deal.
564
00:33:18,263 --> 00:33:21,904
Which was?
Man two, five years probation.
565
00:33:23,001 --> 00:33:26,642
Dan Tenofsky never
would make that deal.
Why would I?
566
00:33:27,873 --> 00:33:31,980
Because they can give you
the man who ordered
Parenti and Tenofsky's murder.
567
00:33:33,178 --> 00:33:35,488
I need you to say his name.
568
00:33:40,919 --> 00:33:42,865
Franco Tortomassi.
569
00:33:47,392 --> 00:33:49,770
Man one, 12 1/2 to 25.
570
00:33:49,828 --> 00:33:52,672
They sign a waiver of immunity
before they testify.
571
00:33:55,801 --> 00:33:58,042
[Whispering]
it's as good as--
[indistinct]
572
00:34:00,439 --> 00:34:02,680
Done.
573
00:34:02,741 --> 00:34:05,688
Tortomassi gave the order
on Parenti.
574
00:34:05,744 --> 00:34:07,655
The old man hates a squeaky wheel.
575
00:34:07,713 --> 00:34:11,718
- What about Tenofsky?
- He ordered us to hit him too.
576
00:34:11,783 --> 00:34:13,854
How did you get to Tenofsky
originally?
577
00:34:15,020 --> 00:34:18,092
Did you threaten him to get
him to drop the Parenti case?
578
00:34:18,156 --> 00:34:20,830
What threat? Fifty grand,
he made the Parenti thing go away.
579
00:34:20,893 --> 00:34:24,170
Yeah. All it took was a half a yard.
580
00:34:24,229 --> 00:34:28,609
- I don't believe he took a bribe from you.
- You believe what you want, pally.
581
00:34:28,667 --> 00:34:32,513
And when the city started
to mg up the abutment
where Parenti's body was buried
582
00:34:32,571 --> 00:34:35,347
Tortomassi told you
to kill Tenofsky.
583
00:34:35,407 --> 00:34:37,353
Old man said,
“Make it look like a robbery.“
584
00:34:37,409 --> 00:34:42,586
- But numb-nuts here
plunked him in the heart.
- He's dead, right?
585
00:34:49,988 --> 00:34:54,403
Franco Tortomassi.
You're under arrest for the murders
of Robert Parenti and Jacob Deiter,
586
00:34:54,459 --> 00:34:56,461
a.k.a. Daniel Tenofsky.
587
00:34:56,528 --> 00:34:58,838
Tell Mr. McCoy he's making a mistake.
588
00:34:58,897 --> 00:35:02,174
Oh, I don't think he gives a damn.
You have the right to remain silent.
589
00:35:02,234 --> 00:35:05,238
Anything you say can be used
against you in a court of law.
You have the right to an attorney.
590
00:35:07,205 --> 00:35:11,119
Mr. Tortomassi had nothing to do
with either of these awful events.
591
00:35:11,176 --> 00:35:15,386
Your client was behind
the no-show job scam at the Ledger,
592
00:35:15,447 --> 00:35:18,121
which led him to order the murder
of Robert Parenti.
593
00:35:18,183 --> 00:35:22,290
He denies that.
Which in tum necessitated,
10 years later,
594
00:35:22,354 --> 00:35:24,356
the killing of Daniel Tenofsky.
595
00:35:24,423 --> 00:35:27,097
Your employees have already
pled guilty to killing both of them.
596
00:35:27,159 --> 00:35:30,504
[Southerlyn] On your orders.
And you believe them?
597
00:35:30,562 --> 00:35:33,600
[ Scoffs ]
Tweedledeedee
and Tweedledeedum?
598
00:35:36,134 --> 00:35:40,742
I'm old-school, Mr. McCoy.
I wouldn't do that.
599
00:35:41,873 --> 00:35:45,343
No cops, no D.A.'s.
600
00:35:45,410 --> 00:35:48,584
[Southerlyn] Are you accepting
responsibility for Parenti's murder?
601
00:35:48,647 --> 00:35:50,684
[Attorney] You misunderstand.
602
00:35:50,749 --> 00:35:53,958
My client denies any involvement
in these events whatsoever.
603
00:35:54,019 --> 00:35:55,965
Let's go, Franco.
604
00:35:58,590 --> 00:36:01,935
My condolences on your loss, Mr. McCoy.
605
00:36:15,440 --> 00:36:18,182
Looks like you get your slam dunk
after all, Jack,
606
00:36:18,243 --> 00:36:21,247
plus a little retribution
for Dan Tenofsky.
607
00:36:21,313 --> 00:36:24,317
I'm concerned actually.
Why wouldn't Tortomassi take a plea?
608
00:36:24,383 --> 00:36:26,329
You come from a long line of worriers.
609
00:36:26,384 --> 00:36:28,386
His henchmen are testifying
against him.
610
00:36:28,453 --> 00:36:31,923
We gave him a fair glimpse
at the evidence in a strong case.
611
00:36:31,990 --> 00:36:34,300
And he wasn't interested?
Not even a nibble.
612
00:36:39,231 --> 00:36:43,008
We weren't paid for killin' Parenti,
not like people think.
613
00:36:43,068 --> 00:36:47,312
- But you did kill Mr. Parenti...
you and Mr. Biscotti.
- Oh, yeah.
614
00:36:47,372 --> 00:36:50,785
The boss told Tony to kill him.
We killed him.
615
00:36:50,842 --> 00:36:52,844
"The boss"?
616
00:36:53,979 --> 00:36:55,925
Mr. Tortomassi.
617
00:36:55,981 --> 00:36:58,621
What did you receive for your efforts?
618
00:36:58,684 --> 00:37:00,823
An obbligato... a debt.
619
00:37:00,886 --> 00:37:02,923
Mr. Tortomassi was...
620
00:37:02,988 --> 00:37:06,526
honor bound to us, you know,
in the organization.
621
00:37:11,963 --> 00:37:16,537
You killed Parenti, you and Mr. Libretti.
Yeah.
622
00:37:16,601 --> 00:37:21,072
- And you killed Jacob Deiter,
also known as Daniel Tenofsky.
- Yeah.
623
00:37:21,139 --> 00:37:26,248
You shot him in the chest, and then you
stabbed him more than a dozen times?
624
00:37:26,311 --> 00:37:28,416
I didn't count, counselor.
625
00:37:28,480 --> 00:37:32,622
- And you did these killings
at the behest of Mr. Tortomassi
- “ Behest."
626
00:37:32,684 --> 00:37:34,755
You mean, did the boss order the hit?
627
00:37:34,820 --> 00:37:36,766
Yeah, at his behest.
628
00:37:36,822 --> 00:37:39,428
He called Freddy, but we did it together.
629
00:37:39,491 --> 00:37:42,301
And presumably
we should believe you now...
630
00:37:42,360 --> 00:37:47,275
- based on your lifelong pattern
of lies and perjury...
- Objection.
631
00:37:47,332 --> 00:37:49,278
And murder...
Objection.
632
00:37:49,334 --> 00:37:54,215
- Deceit...
- Counselor. Rephrase or move on, counselor.
633
00:37:56,308 --> 00:37:58,379
[Southerlyn] Jury's eating it up.
634
00:37:58,443 --> 00:38:01,014
It's been a while since the city
had a real mob boss on trial.
635
00:38:05,417 --> 00:38:07,488
Serena.
636
00:38:07,552 --> 00:38:11,056
Libretti said Biscotti got the order
to hit Parenti.
637
00:38:11,122 --> 00:38:15,161
So?
Biscuits said Books received the go-ahead.
638
00:38:15,227 --> 00:38:20,267
That's a slip of the tongue.
Well-prepped witnesses
do not slip, not like that.
639
00:38:20,332 --> 00:38:23,404
You can't blame yourself Jack.
We prepped them
as much as we could.
640
00:38:23,468 --> 00:38:27,177
- Not how we prepped them.
How Wachtler did.
- Wachtler?
641
00:38:27,239 --> 00:38:30,686
He's been handling
those two and us all along.
642
00:38:30,742 --> 00:38:33,689
How and why?
I'm not sure yet.
643
00:38:33,745 --> 00:38:35,918
But if he orchestrated this discrepancy,
I have to ask,
644
00:38:35,981 --> 00:38:38,860
what else are those two lying about?
645
00:38:38,917 --> 00:38:43,423
Pull Wachtler's LUDS, his C.V...
anything you can get on him.
646
00:38:45,991 --> 00:38:51,839
Biscuits and Books are so dumb,
they don't remember who told who
to kill Parenti and Tenofsky.
647
00:38:51,896 --> 00:38:54,308
They got nervous.
Trivial error.
648
00:38:54,366 --> 00:38:57,210
Even Tortomassi's lawyer
didn't pick it up.
649
00:38:57,269 --> 00:39:00,614
He may be slipping.
I'm not.
650
00:39:00,672 --> 00:39:04,119
Jack.
Tenofsky loved what he did.
651
00:39:04,175 --> 00:39:09,124
He loved the D.A.'s office, loved trial work.
652
00:39:09,181 --> 00:39:11,422
He even loved the Appeals Bureau.
653
00:39:11,483 --> 00:39:17,263
The only thing that could've stopped him
from going after your clients
was the fear of losing all of that.
654
00:39:17,322 --> 00:39:21,702
Back in 1978, you were a night student
at Brooklyn Law,
655
00:39:21,760 --> 00:39:24,263
but you took one day class.
656
00:39:24,329 --> 00:39:28,175
- Corporations with Professor Hoffman.
- I barely remember it.
657
00:39:28,233 --> 00:39:32,682
You had a classmate... the real Daniel
Tenofskie, the one who dropped out.
658
00:39:32,737 --> 00:39:34,842
You sat across the aisle from him
for six months.
659
00:39:34,906 --> 00:39:38,820
So, when Libretti and Biscotti and you...
660
00:39:38,877 --> 00:39:42,120
had your first sit-down
with our Dan Tenofsky...
661
00:39:42,180 --> 00:39:46,526
whose real name was Jacob Deiter...
you knew he was a fake.
662
00:39:48,153 --> 00:39:52,397
- You'll never prove that.
- Your clients did not bribe Tenofsky.
663
00:39:53,792 --> 00:39:55,794
They blackmailed him...
664
00:39:57,229 --> 00:39:59,175
with your help.
665
00:40:02,234 --> 00:40:06,182
They threatened to expose him,
threatened to take away his identity,
666
00:40:06,237 --> 00:40:08,410
take away the life he'd built for himself.
667
00:40:10,909 --> 00:40:13,014
You want me to testify
against these guys.
668
00:40:13,078 --> 00:40:15,456
Libretti, Biscotti and Tortomassi.
669
00:40:15,513 --> 00:40:19,859
- I'll need to go into Witness Protection
- You'll testify and go to jail.
670
00:40:19,918 --> 00:40:22,091
And if I'm in a good mood,
671
00:40:22,153 --> 00:40:26,295
I'll consider arranging segregation
from the general population.
672
00:40:31,329 --> 00:40:36,540
- You can cut Tortomassi loose.
- He was telling the truth?
He wasn't involved?
673
00:40:36,601 --> 00:40:38,603
For once.
674
00:40:39,904 --> 00:40:42,578
Biscuits and Books
did the whole thing.
675
00:40:42,640 --> 00:40:45,018
The old man never knew
about any of it.
676
00:40:46,177 --> 00:40:49,624
The union scam, Parenti's hit,
Tenofsky... none of it.
677
00:40:50,749 --> 00:40:52,956
They were always afraid
Tortomassi would find out...
678
00:40:53,018 --> 00:40:55,658
what they'd been doing
behind his back all these years.
679
00:40:55,720 --> 00:40:57,666
Why did they kill Dan?
680
00:40:57,722 --> 00:40:59,724
When Tenofsky heard they were
about to find the body,
681
00:40:59,791 --> 00:41:02,795
he started talking
about coming forward
682
00:41:02,861 --> 00:41:06,070
confessing to what he'd done
in the Parenti case.
683
00:41:12,170 --> 00:41:14,741
The sentencing of the three defendants
in this matter...
684
00:41:14,806 --> 00:41:19,414
to terms which assure they will never
return to the streets of New York...
685
00:41:19,477 --> 00:41:22,947
concludes a sad chapter
in our city's history.
686
00:41:25,684 --> 00:41:29,826
Dan left just enough in the file
to make a case against
Books, Biscuits and Wachtler.
687
00:41:29,888 --> 00:41:32,027
Tenofsky could've tossed
the whole thing.
688
00:41:32,090 --> 00:41:35,071
We caught a break.
His obsessive side won out.
689
00:41:35,126 --> 00:41:37,072
It wasn't that.
690
00:41:37,128 --> 00:41:42,009
He just couldn't strip the file.
He couldn't strip himself
of that last shred of honesty.
691
00:41:42,067 --> 00:41:44,809
Arizona P.D. couldn't find a brother.
692
00:41:44,869 --> 00:41:49,340
I was never sure if he was real or...
or just another creation.
693
00:41:49,407 --> 00:41:52,479
He has no family, Jack,
no next of kin.
694
00:41:52,544 --> 00:41:54,490
What do you want me to do
with his personal effects?
695
00:41:54,546 --> 00:41:58,323
What personal effects?
Those were more like props.
696
00:41:58,383 --> 00:42:02,388
So, who was he really...
Deiter or Tenofsky?
697
00:42:02,454 --> 00:42:04,456
Who knows?
698
00:42:48,433 --> 00:42:51,380
[Howling]
60560
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