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1
00:00:02,602 --> 00:00:05,867
In the criminal justice
system, the people are represented
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00:00:05,905 --> 00:00:08,305
by two separate yet
equally important groups...
3
00:00:08,341 --> 00:00:10,206
the police
who investigate crime,
4
00:00:10,243 --> 00:00:13,212
and the district attorneys
who prosecute the offenders.
5
00:00:13,246 --> 00:00:15,077
These are their stories.
6
00:00:16,282 --> 00:00:18,216
Mrs. Schwinger,
bag on the fourth floor,
7
00:00:18,251 --> 00:00:20,481
has been complaining
three times a day.
8
00:00:20,520 --> 00:00:23,683
So it's slow.
What's her rush, anyway?
9
00:00:23,723 --> 00:00:26,556
- It's not the controls.
- Gears?
10
00:00:26,593 --> 00:00:28,686
Or the brakes jamming.
It's probably kids.
11
00:00:28,728 --> 00:00:30,423
Bozos call it elevator surfing.
12
00:00:30,463 --> 00:00:33,955
Ride the tops, jump from one to
the other. Give me your flashlight.
13
00:00:34,000 --> 00:00:36,560
I just don't want any lawsuits.
14
00:00:38,171 --> 00:00:41,402
I been here 12 years.
Never opened.
15
00:00:42,776 --> 00:00:45,472
I'm going to have to take it
down to the basement.
16
00:00:45,512 --> 00:00:47,980
Lower it slow.
17
00:00:49,015 --> 00:00:52,507
- You Local 196?
- Wouldn't work if I wasn't.
18
00:00:52,552 --> 00:00:55,112
My brother-in-law,
20 years of dues.
19
00:00:55,155 --> 00:00:57,851
- Now he's in St. Thomas...
- Oh my God!
20
00:00:58,858 --> 00:01:00,849
Stop the damn thing!
21
00:01:08,968 --> 00:01:10,731
Now this is very preliminary.
22
00:01:10,770 --> 00:01:13,295
- We're listening.
- Death by strangulation.
23
00:01:13,339 --> 00:01:16,502
Looks like a wire. Pre-mortem
cuts and abrasions on the face.
24
00:01:16,543 --> 00:01:20,104
- So she fought back.
- I bagged her hands in case there's anything under her nails.
25
00:01:20,146 --> 00:01:23,638
She's partially out of rigor. Say
she's been dead 24 to 36 hours.
26
00:01:23,683 --> 00:01:25,742
Monday night.
27
00:01:25,785 --> 00:01:27,548
Mr. Hellman?
28
00:01:29,355 --> 00:01:30,982
Have you ever seen her before?
29
00:01:31,024 --> 00:01:33,424
Yeah. Judy Bream. 3B.
30
00:01:33,460 --> 00:01:35,155
She live alone?
31
00:01:35,195 --> 00:01:37,686
- Yeah, alone.
- Here's what I want you to do.
32
00:01:37,730 --> 00:01:40,130
First, I want you to let
those men into Judy's apartment,
33
00:01:40,166 --> 00:01:42,634
then later I'm going to have
some questions for you.
34
00:01:42,669 --> 00:01:44,534
Yeah.
35
00:01:44,571 --> 00:01:47,438
This sound familiar?
Young woman, nude,
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00:01:47,474 --> 00:01:49,965
strangled with wire,
duct tape on her face,
37
00:01:50,009 --> 00:01:52,102
body tossed like garbage?
38
00:01:52,145 --> 00:01:54,636
East River Park,
six months ago.
39
00:01:54,681 --> 00:01:56,615
Same guy?
Could be.
40
00:01:56,649 --> 00:01:59,982
That'd be number two
in a series of...
41
00:02:00,019 --> 00:02:02,351
It depends on how late
in his game we're coming in.
42
00:03:39,052 --> 00:03:40,986
She was a grad student
at Columbia.
43
00:03:41,020 --> 00:03:43,648
Some kind of
ancient history, I think.
44
00:03:43,690 --> 00:03:46,056
Moved in about a year
and a half ago.
45
00:03:46,092 --> 00:03:50,153
Her family lives in Hartford.
Old man co-signed the lease.
46
00:03:50,196 --> 00:03:52,596
What kind of tenant
was she? A doll.
47
00:03:52,632 --> 00:03:54,862
If they were all like her...
48
00:03:54,901 --> 00:03:57,961
- What about boyfriends?
- I don't keep track.
49
00:03:58,004 --> 00:04:00,029
Anyway, when you're
young and beautiful,
50
00:04:00,073 --> 00:04:01,870
who wants to be alone?
51
00:04:01,908 --> 00:04:03,842
Tell me about
this building, okay?
52
00:04:03,876 --> 00:04:06,106
Anybody hanging around
who didn't belong?
53
00:04:06,145 --> 00:04:08,306
On the Upper West Side?
You want 'em all,
54
00:04:08,348 --> 00:04:10,873
or just the ones that
talk to themselves?
55
00:04:13,586 --> 00:04:15,486
No sign of forcible entry.
56
00:04:15,521 --> 00:04:18,115
Must've been somebody
she knew or expected.
57
00:04:18,157 --> 00:04:20,148
There's nothing
about it in here.
58
00:04:20,193 --> 00:04:23,720
This whole week's marked off
as being in Connecticut.
59
00:04:23,763 --> 00:04:26,254
Her folks live in Hartford.
60
00:04:26,299 --> 00:04:29,393
Last couple of months,
two doctors visits,
61
00:04:29,435 --> 00:04:31,835
a paper, three exams,
62
00:04:31,871 --> 00:04:33,862
one potluck dinner.
63
00:04:35,108 --> 00:04:37,099
Found it on the floor
near the bed.
64
00:04:37,143 --> 00:04:39,304
Wrapper for
a Polaroid cartridge.
65
00:04:39,345 --> 00:04:41,745
- She have a camera?
- Didn't find one.
66
00:04:41,781 --> 00:04:44,249
Think our boy is a shutterbug?
67
00:04:44,284 --> 00:04:47,310
Some are. Helps them
to remember the good times.
68
00:04:53,026 --> 00:04:55,051
Let's hope this is
a coincidence.
69
00:04:55,094 --> 00:04:58,154
I don't think so. We turned up a
third vic three months ago in Queens.
70
00:04:58,197 --> 00:05:00,791
All three taped, strangled,
71
00:05:00,833 --> 00:05:02,391
pfft... tossed.
72
00:05:02,435 --> 00:05:05,495
- Rape?
- No evidence of penetration.
73
00:05:05,538 --> 00:05:08,735
Three kills in six months.
Slow but consistent.
74
00:05:08,775 --> 00:05:10,868
Oh, man.
75
00:05:12,812 --> 00:05:14,404
All right,
76
00:05:14,447 --> 00:05:17,007
nothing to encourage this guy
to pick up the pace.
77
00:05:17,050 --> 00:05:18,950
No press. I want
to keep this off the books.
78
00:05:18,985 --> 00:05:21,351
Anything you need,
you come directly to me.
79
00:05:21,387 --> 00:05:23,821
Did he leave us
anything at all to go on?
80
00:05:23,856 --> 00:05:27,383
Autopsy report...
81
00:05:27,427 --> 00:05:29,622
says digestion
on her stomach contents
82
00:05:29,662 --> 00:05:32,893
puts the time of death between
7:00 and 8:00 Monday night.
83
00:05:32,932 --> 00:05:35,332
Other than that, we got nada.
84
00:05:35,368 --> 00:05:37,427
No prints, no fluids, no hairs.
85
00:05:37,470 --> 00:05:39,495
Regular Angel of Death.
86
00:05:39,539 --> 00:05:43,066
The last one, Judy Bream, he
tossed her down the elevator shaft.
87
00:05:43,109 --> 00:05:44,406
And?
88
00:05:44,444 --> 00:05:48,847
- You need a special key.
- Elevator repairmen, firemen, electricians...
89
00:05:48,881 --> 00:05:51,782
So that narrows it down to what,
about 100,000 suspects?
90
00:05:51,818 --> 00:05:53,911
Hey, the guys in Brooklyn
were lucky, huh?
91
00:05:53,953 --> 00:05:55,944
They got the Son of Sam
on parking tickets.
92
00:05:55,988 --> 00:05:58,616
Yeah, six months
and six bodies later.
93
00:06:00,626 --> 00:06:02,685
What?
94
00:06:02,729 --> 00:06:05,220
Yeah. Thanks.
95
00:06:07,233 --> 00:06:09,326
The Breams are outside.
96
00:06:10,503 --> 00:06:12,903
- You want to do it in here?
- No.
97
00:06:12,939 --> 00:06:14,964
Let's take
an interrogation room.
98
00:06:24,317 --> 00:06:28,253
I told her she'd be safer
in one of the university residences.
99
00:06:28,287 --> 00:06:31,984
But... she knew better.
100
00:06:32,024 --> 00:06:34,322
Had to have her own place.
101
00:06:36,195 --> 00:06:39,062
Judy was never
afraid of anything.
102
00:06:39,098 --> 00:06:41,293
Not even as a child.
103
00:06:43,703 --> 00:06:47,571
We know that Judy was supposed
to spend the week with you.
104
00:06:48,875 --> 00:06:51,309
Was there any reason
that those plans were changed?
105
00:06:51,344 --> 00:06:53,471
She got a call...
106
00:06:53,513 --> 00:06:55,879
Sunday afternoon
up at our house.
107
00:06:55,915 --> 00:06:59,646
Someone...
connected with her building.
108
00:07:00,953 --> 00:07:04,252
I- I heard her call him
Mr. Cook.
109
00:07:04,290 --> 00:07:06,349
Uh...
110
00:07:06,392 --> 00:07:08,223
some work had to be done.
111
00:07:09,729 --> 00:07:11,629
Do you know what kind of work?
112
00:07:14,500 --> 00:07:16,866
Something electrical.
113
00:07:16,903 --> 00:07:18,894
With the wiring.
114
00:07:27,914 --> 00:07:29,905
They had to move the furniture.
115
00:07:31,250 --> 00:07:33,309
At least that's what Judy said.
116
00:07:36,923 --> 00:07:39,118
Would Judy have told
the building manager
117
00:07:39,158 --> 00:07:40,989
how to reach her
up in Connecticut?
118
00:07:41,027 --> 00:07:44,087
No, she didn't have to.
Calls were forwarded.
119
00:07:45,431 --> 00:07:48,730
Her phone, was it...
was it listed?
120
00:07:50,603 --> 00:07:52,093
No.
121
00:07:53,940 --> 00:07:55,931
I thought it would be safer.
122
00:07:57,944 --> 00:08:00,071
All three were killed
in their apartments.
123
00:08:00,112 --> 00:08:03,013
But the first two were dumped
at least a half a mile away,
124
00:08:03,049 --> 00:08:05,711
while Judy Bream was left
in her building. Why?
125
00:08:05,751 --> 00:08:08,345
He's in a rush. Couldn't
get her out of the building.
126
00:08:08,387 --> 00:08:11,015
It would be easier to leave them
in their apartments.
127
00:08:11,057 --> 00:08:13,184
He does it, Phil.
It's got to mean something.
128
00:08:13,226 --> 00:08:15,353
What? Power?
Degradation?
129
00:08:15,394 --> 00:08:18,056
- A sense of finality?
- Okay, thanks.
130
00:08:18,097 --> 00:08:20,361
Well, if this guy knew
these girls,
131
00:08:20,399 --> 00:08:22,526
it wasn't because
he changed their fuses.
132
00:08:22,568 --> 00:08:26,095
Their buildings were serviced by
three different electrical contractors.
133
00:08:26,138 --> 00:08:28,106
There's got to be
a connection somewhere.
134
00:08:28,140 --> 00:08:31,109
He picks these girls.
Volunteer work.
135
00:08:31,143 --> 00:08:33,543
Judy Bream
did three hours a week
136
00:08:33,579 --> 00:08:36,047
at the Stuart Counseling Center
in the Bronx.
137
00:08:36,082 --> 00:08:38,710
Debra Beckett did United Way
every Christmas,
138
00:08:38,751 --> 00:08:40,719
couple of times a year
at a soup kitchen.
139
00:08:40,753 --> 00:08:42,721
Sandy Markham, no charity work.
140
00:08:42,755 --> 00:08:44,382
Lots of political.
141
00:08:44,423 --> 00:08:46,823
Canvassed
for Senator Peppino in '90.
142
00:08:48,094 --> 00:08:51,393
Registered "Not Interested."
143
00:08:51,430 --> 00:08:53,421
State politics in Connecticut.
144
00:08:53,466 --> 00:08:54,899
Sport club membership,
145
00:08:54,934 --> 00:08:57,095
Columbia Athletic,
racquetball every day.
146
00:08:57,136 --> 00:08:59,570
Mine goes
to the downtown "Y."
147
00:08:59,605 --> 00:09:01,505
Not a jock.
148
00:09:01,541 --> 00:09:05,500
Repeated visits
to a Dr. Phillip Banks, OB/G YN.
149
00:09:05,545 --> 00:09:07,172
Who?
150
00:09:07,213 --> 00:09:09,010
Phillip Banks.
151
00:09:10,883 --> 00:09:14,717
You got...
you got Bream's appointment book?
152
00:09:20,226 --> 00:09:21,921
She was seeing a doctor.
153
00:09:23,896 --> 00:09:25,830
In November.
154
00:09:28,401 --> 00:09:31,370
November 24th,
Dr. P. Banks, 9:00 AM.
155
00:09:31,404 --> 00:09:32,928
What about your Queens lady?
156
00:09:39,078 --> 00:09:41,546
She... crap,
it's not a match.
157
00:09:42,682 --> 00:09:44,877
Dr. Charles Cohen,
Forest Hills.
158
00:09:44,917 --> 00:09:47,408
Still, we got two out
of three, guys.
159
00:09:49,255 --> 00:09:51,086
It's worth a look.
160
00:09:54,460 --> 00:09:57,054
Well, Marcus Welby he's not.
161
00:09:57,096 --> 00:09:59,064
One assault charge
three years ago.
162
00:09:59,098 --> 00:10:01,066
He pleaded down
to a misdemeanor.
163
00:10:01,100 --> 00:10:03,068
Complainant
was his ex-wife.
164
00:10:03,102 --> 00:10:04,467
Dig this...
165
00:10:04,503 --> 00:10:08,098
broke her jaw during
a marriage counseling session.
166
00:10:08,140 --> 00:10:10,404
This man is a lover
and a fighter.
167
00:10:10,443 --> 00:10:13,571
The AMA has received over a
dozen complaints against Banks.
168
00:10:13,613 --> 00:10:15,672
Former patients,
their husbands.
169
00:10:15,715 --> 00:10:18,343
The doc likes to play around while
his patients are in the stirrups.
170
00:10:18,384 --> 00:10:20,011
He still has a license?
171
00:10:20,052 --> 00:10:23,112
Protect thine own.
The AMA refused to pursue.
172
00:10:28,794 --> 00:10:31,092
I just know what I read
in the papers.
173
00:10:31,130 --> 00:10:32,927
City's going straight to hell.
174
00:10:32,965 --> 00:10:35,092
She'd been your patient for long?
175
00:10:35,134 --> 00:10:39,230
First appointment was February.
Routine pelvic.
176
00:10:39,271 --> 00:10:40,829
You ever ask her out?
177
00:10:42,475 --> 00:10:45,137
Debra Beckett, she was
your patient, too, right?
178
00:10:45,177 --> 00:10:47,771
What the hell
are you getting at?
179
00:10:47,813 --> 00:10:51,078
Two of your patients have been murdered
in the last three months.
180
00:10:52,652 --> 00:10:55,120
Did you ever
examine Sandy Markham?
181
00:10:55,154 --> 00:10:56,917
No.
182
00:10:56,956 --> 00:10:58,287
Do you mind if we check
your records?
183
00:10:58,324 --> 00:11:01,384
- Sure. Be my guest. My nurse will help you.
- Thanks.
184
00:11:01,427 --> 00:11:04,225
By the way, did you happen to have
a date last Monday night?
185
00:11:04,263 --> 00:11:06,390
Yes, Emily Feist.
186
00:11:06,432 --> 00:11:08,400
Nine pounds, three ounces.
187
00:11:08,434 --> 00:11:10,902
Born Monday, 7:16 PM,
188
00:11:10,936 --> 00:11:12,927
after three hours of labor.
189
00:11:14,473 --> 00:11:16,304
Yeah, what do you got?
190
00:11:18,444 --> 00:11:20,742
Okay, thanks a lot.
191
00:11:20,780 --> 00:11:23,578
The hospital has him
signing in at 4:16,
192
00:11:23,616 --> 00:11:26,449
signing out at 10 to 8:00.
193
00:11:26,485 --> 00:11:29,921
It would take him at least 20 minutes
to get up to Judy Bream's place.
194
00:11:29,955 --> 00:11:33,254
The ME puts the time of death
between 7:00 and 8:00.
195
00:11:33,292 --> 00:11:35,760
But ME's have been known
to be off by an hour or so.
196
00:11:35,795 --> 00:11:39,287
We still have to connect Sandy
Markham. She never saw Dr. Banks.
197
00:11:39,331 --> 00:11:43,597
Maybe he's lying. Maybe she did
see him under a different name.
198
00:11:43,636 --> 00:11:45,297
Let's go talk to Dr. Cohen.
199
00:11:47,640 --> 00:11:49,938
No, Sandy Markham was referred
200
00:11:49,975 --> 00:11:52,170
by Dr. Rosen
on Park Avenue.
201
00:11:52,211 --> 00:11:54,645
Had she ever been treated
by Dr. Banks?
202
00:11:56,148 --> 00:11:57,638
We can get a subpoena.
203
00:11:57,683 --> 00:12:01,380
If she had been, I think
she would have told me.
204
00:12:01,420 --> 00:12:03,081
Why?
205
00:12:05,758 --> 00:12:07,555
He's a disgrace.
206
00:12:07,593 --> 00:12:09,959
I wouldn't send my schnauzer
to see Phillip Banks.
207
00:12:09,995 --> 00:12:12,054
You don't like
his bedside manner?
208
00:12:12,098 --> 00:12:15,067
- The guy's a walking lawsuit.
- Malpractice?
209
00:12:15,101 --> 00:12:16,398
Now he's branching out.
210
00:12:16,435 --> 00:12:19,302
My bookkeeper tells me they're
after him for insurance fraud.
211
00:12:19,338 --> 00:12:21,863
You and Banks have
the same bookkeeper?
212
00:12:21,907 --> 00:12:23,704
Yes.
213
00:12:26,612 --> 00:12:29,046
You mind giving us his name?
214
00:12:29,081 --> 00:12:31,572
Albert Lawrence Cheney.
215
00:12:31,617 --> 00:12:33,585
Spent five years in Attica.
216
00:12:33,619 --> 00:12:35,086
Cheating on his taxes?
217
00:12:35,121 --> 00:12:37,612
Got man two.
Paroled in '89...
218
00:12:38,958 --> 00:12:41,586
killed a girl in Queens.
219
00:12:41,627 --> 00:12:43,527
Strangulation?
Tape?
220
00:12:45,297 --> 00:12:48,266
The rest of the file will be
in tomorrow. You want to wait?
221
00:12:48,300 --> 00:12:50,598
Not on your life.
Risk losing another one? No.
222
00:12:54,306 --> 00:12:56,001
Hello.
Hello.
223
00:12:56,041 --> 00:12:57,906
Does Albert Cheney live here?
224
00:12:59,311 --> 00:13:01,302
- Yes.
- Is he here?
225
00:13:01,347 --> 00:13:03,372
Because we'd just
like to talk to him for a second.
226
00:13:03,415 --> 00:13:05,383
Yes, but I'm Mrs. Cheney.
Is there a problem?
227
00:13:05,417 --> 00:13:07,385
Is there something
I can help you with?
228
00:13:07,419 --> 00:13:09,546
- Just want to talk to him.
- He's in the other room.
229
00:13:09,588 --> 00:13:11,419
He's busy working.
230
00:13:12,591 --> 00:13:14,388
Excuse me...
231
00:13:14,426 --> 00:13:16,087
are you Albert Lawrence Cheney?
232
00:13:17,596 --> 00:13:20,895
- Yes.
- You mind if we talk?
233
00:13:22,768 --> 00:13:26,169
- I'm in the middle...
- I think it'll keep.
234
00:13:28,107 --> 00:13:31,668
Don't you think we'd be
more comfortable at the station?
235
00:13:39,952 --> 00:13:42,580
Look, I'm not trying
to outrun my past.
236
00:13:42,621 --> 00:13:45,590
- I did the time.
- So you're rehabilitated?
237
00:13:45,624 --> 00:13:47,751
I didn't do the crime.
238
00:13:47,793 --> 00:13:50,227
Aren't you bitter,
having spent five years in Attica
239
00:13:50,262 --> 00:13:52,093
for something you didn't do?
240
00:13:54,800 --> 00:13:57,268
I'm at peace with it now.
241
00:13:57,303 --> 00:14:01,034
I was unlucky enough to be at
the wrong place at the wrong time.
242
00:14:01,073 --> 00:14:03,541
My lawyer said
the best thing was to deal.
243
00:14:03,576 --> 00:14:06,875
Five was better than 15 he said.
244
00:14:06,912 --> 00:14:10,439
You work with Dr. Banks
and Dr. Cohen.
245
00:14:10,482 --> 00:14:14,384
And Burton, and Scarlon,
and Schuman.
246
00:14:14,420 --> 00:14:15,819
How long have you been
keeping books?
247
00:14:15,921 --> 00:14:17,320
Two years.
Since I got out.
248
00:14:17,356 --> 00:14:20,621
- And before that?
- Master electrician.
249
00:14:20,659 --> 00:14:23,719
Manhattan Power
doesn't like ex-cons.
250
00:14:23,762 --> 00:14:26,322
Last Monday night,
you remember what you did?
251
00:14:26,365 --> 00:14:30,426
My wife and I went
to dinner and a movie.
252
00:14:30,469 --> 00:14:34,428
It was an early show. 5:00.
253
00:14:37,843 --> 00:14:40,107
You know a woman named
Judy Bream?
254
00:14:47,920 --> 00:14:49,888
Why, what happened to her?
255
00:14:49,922 --> 00:14:51,480
She was murdered.
256
00:14:55,527 --> 00:14:58,428
We had pizza at Julio's in Astoria.
257
00:14:58,464 --> 00:15:00,261
What time did you leave
the restaurant?
258
00:15:00,299 --> 00:15:04,463
Around 8:00, although I'm
not exactly certain.
259
00:15:04,503 --> 00:15:07,438
- Where did you go?
- I drove Albert home.
260
00:15:07,473 --> 00:15:10,601
I went to work.
The post office, night shift.
261
00:15:10,643 --> 00:15:12,440
I punched in at 9:00.
262
00:15:12,478 --> 00:15:14,446
Have you been married
a long time?
263
00:15:14,480 --> 00:15:16,243
A year.
264
00:15:20,653 --> 00:15:24,248
Seven years ago I saw
his picture in the paper.
265
00:15:25,824 --> 00:15:27,724
He had such gentle eyes.
266
00:15:27,760 --> 00:15:30,627
I wrote him,
and he wrote me back.
267
00:15:30,663 --> 00:15:32,631
And when he was released?
268
00:15:32,665 --> 00:15:35,725
He joined our church group.
St. Eligius Baptist.
269
00:15:37,169 --> 00:15:39,660
He's a good man, Detective.
270
00:15:39,705 --> 00:15:41,866
Phil.
271
00:15:47,680 --> 00:15:49,477
It was in the bottom drawer.
272
00:15:49,515 --> 00:15:50,573
There's no film,
273
00:15:50,616 --> 00:15:52,914
but it's the same type
to fit the wrapper we found.
274
00:15:52,952 --> 00:15:56,149
- My son has the same one.
- Look at this.
275
00:16:00,693 --> 00:16:02,456
Duct tape.
276
00:16:04,129 --> 00:16:06,063
Your son got one of these?
277
00:16:07,633 --> 00:16:10,261
Manhattan Power Company
employee ID?
278
00:16:10,302 --> 00:16:13,271
Expires June, 1985.
279
00:16:13,305 --> 00:16:15,535
Think Albert kept it
as a souvenir?
280
00:16:23,148 --> 00:16:24,945
The fibers from his washer-dryer?
281
00:16:24,984 --> 00:16:26,781
Beige, with a wool-acrylic weave.
282
00:16:26,819 --> 00:16:29,287
Matched the carpeting
in Judy Bream's apartment.
283
00:16:29,321 --> 00:16:32,119
Must have been on Cheney's clothes
when he washed them.
284
00:16:32,157 --> 00:16:34,284
- Puts him at the scene.
- Or in my apartment.
285
00:16:34,326 --> 00:16:37,625
Or in 10,000 others.
It's not what you'd call unique.
286
00:16:37,663 --> 00:16:39,790
Had better luck
with the duct tape.
287
00:16:39,832 --> 00:16:41,959
The roll from Cheney's
apartment...
288
00:16:42,001 --> 00:16:44,299
same as the tape recovered
from the body.
289
00:16:44,336 --> 00:16:47,328
We pieced together? The tape on
the roll with the tape on the girl.
290
00:16:47,373 --> 00:16:50,774
The tears on the end of the tape
were ragged enough to make a match.
291
00:16:50,809 --> 00:16:53,801
So please tell me
this is conclusive.
292
00:16:53,846 --> 00:16:55,837
Probable. Sorry.
293
00:16:57,449 --> 00:16:59,974
Duct tape, carpet fibers,
294
00:17:00,019 --> 00:17:02,249
ID card, prior conviction.
295
00:17:02,287 --> 00:17:04,755
- It adds up, Paul.
- To a weak indictment.
296
00:17:04,790 --> 00:17:06,849
The prior bad act
is inadmissible.
297
00:17:06,892 --> 00:17:08,723
The rest, circumstantial.
298
00:17:08,761 --> 00:17:10,729
- What about Cheney's phone?
- Brick wall.
299
00:17:10,763 --> 00:17:13,857
The LUDs show no telephone calls
to any of the victims.
300
00:17:13,899 --> 00:17:15,594
Alibi?
301
00:17:15,634 --> 00:17:17,932
His wife punched
into work at 9:00.
302
00:17:17,970 --> 00:17:20,734
Before that, nobody remembers him
at the movies or at the restaurant.
303
00:17:20,773 --> 00:17:23,435
- An alibi that can't be verified.
- Or refuted.
304
00:17:23,475 --> 00:17:26,444
Look, it's possible
we're wrong about Cheney.
305
00:17:26,478 --> 00:17:28,605
Guilty people call their lawyers.
He hasn't.
306
00:17:28,647 --> 00:17:31,616
Innocent people kick and scream.
I haven't seen him do that either.
307
00:17:31,650 --> 00:17:34,244
You guys want to indict him,
then have it just die?
308
00:17:37,156 --> 00:17:38,987
Fine.
309
00:17:41,326 --> 00:17:43,487
Get Cheney into interrogation.
310
00:17:50,502 --> 00:17:53,300
Look at it, Albert.
You're the only one.
311
00:17:53,338 --> 00:17:56,466
No one else appears here three
times. You want to explain that to me?
312
00:17:56,508 --> 00:17:58,806
- It's a fluke.
- Fine.
313
00:17:58,844 --> 00:18:02,075
Then maybe you can help me, because
we're a little bit stumped here.
314
00:18:02,114 --> 00:18:05,242
Who else has total access
to these women's lives?
315
00:18:05,284 --> 00:18:07,411
You look at their files
every day.
316
00:18:08,787 --> 00:18:11,585
You look at their charts,
their billing statements.
317
00:18:11,623 --> 00:18:13,591
Do the doctors you work for...
318
00:18:13,625 --> 00:18:17,356
- do they know that you snoop through the patient's files?
- No, I don't do that.
319
00:18:17,396 --> 00:18:19,296
I just do the accounting,
that's all.
320
00:18:19,331 --> 00:18:21,094
Maybe so, Albert, maybe so.
321
00:18:21,133 --> 00:18:23,260
But we know you did Judy Bream.
322
00:18:23,302 --> 00:18:26,271
- We know that.
- I never met those girls.
323
00:18:26,305 --> 00:18:28,170
I told you.
324
00:18:31,477 --> 00:18:33,775
Okay...
325
00:18:33,812 --> 00:18:35,439
you recognize this?
326
00:18:35,481 --> 00:18:38,245
It's a picture of your
electrician's ID, right?
327
00:18:38,283 --> 00:18:40,251
I worked there for five years.
328
00:18:40,285 --> 00:18:43,277
That was eight years ago.
How come you kept it so long?
329
00:18:43,322 --> 00:18:45,620
We know how you got into
those girl's apartments.
330
00:18:45,657 --> 00:18:48,455
We know all about
your electrician's routine.
331
00:18:48,494 --> 00:18:51,122
See, you're a pretty
smart guy, Albert.
332
00:18:51,163 --> 00:18:52,960
Like the way you opened
those elevator doors
333
00:18:52,998 --> 00:18:55,762
to toss Judy Bream's body
down there. That had us going.
334
00:18:55,801 --> 00:18:59,828
Till we figured out you were using elevator
access keys. All electricians have those keys.
335
00:18:59,872 --> 00:19:02,568
- I don't know about any key.
- Sure you do.
336
00:19:02,608 --> 00:19:04,735
We checked with Manhattan Power.
They told us you do.
337
00:19:04,776 --> 00:19:07,176
- They told us you didn't turn in the key.
- That's not true.
338
00:19:07,212 --> 00:19:09,237
- Yeah, it's true.
- Albert...
339
00:19:09,281 --> 00:19:12,079
Don't fight us on this.
We know you didn't turn it in.
340
00:19:12,117 --> 00:19:14,085
They told us.
341
00:19:14,119 --> 00:19:16,087
He was fired eight years ago.
342
00:19:16,121 --> 00:19:18,919
Manhattan Power Company
keeps records of their keys?
343
00:19:18,957 --> 00:19:21,585
They don't even know
if he really had one.
344
00:19:21,627 --> 00:19:24,755
Look, I just don't
think that's true.
345
00:19:24,796 --> 00:19:27,924
I can't remember having one.
346
00:19:27,966 --> 00:19:29,957
See you in a while, pal.
347
00:19:34,139 --> 00:19:36,801
This was next
to Judy's bed on the floor.
348
00:19:38,143 --> 00:19:41,510
It's the exact same kind
of film your camera uses.
349
00:19:42,981 --> 00:19:45,472
She doesn't even have
a camera like that.
350
00:19:46,985 --> 00:19:48,646
How did it get there?
351
00:19:48,687 --> 00:19:51,781
When did you take
the pictures, Albert?
352
00:19:51,823 --> 00:19:53,620
Before you killed her?
353
00:19:53,659 --> 00:19:56,127
Be much more gruesome after,
though, wouldn't it?
354
00:19:56,161 --> 00:19:59,153
I mean, it's your work.
You could see what you've done.
355
00:19:59,198 --> 00:20:01,291
I've never even been
in her place.
356
00:20:01,333 --> 00:20:03,267
And yet your duct tape
was there,
357
00:20:03,302 --> 00:20:05,202
there were carpet fibers
on your clothes,
358
00:20:05,237 --> 00:20:07,296
you got her address
from Dr. Banks' files,
359
00:20:07,339 --> 00:20:09,671
and you have
an electrician's badge.
360
00:20:11,176 --> 00:20:14,339
You like looking at those pictures,
don't you, Albert?
361
00:20:15,380 --> 00:20:17,644
Takes you back.
362
00:20:17,683 --> 00:20:20,345
You got a special place
for them?
363
00:20:24,022 --> 00:20:26,456
I don't have any pictures.
364
00:20:33,999 --> 00:20:38,163
These are ligature marks, Albert.
365
00:20:38,203 --> 00:20:41,695
You see, when you strangle someone,
you leave marks.
366
00:20:41,740 --> 00:20:43,833
Like fingerprints.
367
00:20:43,875 --> 00:20:46,742
Now, this is Sally Kessler,
368
00:20:46,778 --> 00:20:48,678
the girl you killed
eight years ago?
369
00:20:48,714 --> 00:20:51,205
Now you see those ligature
marks? See them way up high?
370
00:20:51,250 --> 00:20:53,343
Just like the ones
on Judy's neck.
371
00:20:53,385 --> 00:20:55,512
You like to get 'em up high,
don't you?
372
00:20:55,554 --> 00:20:58,523
They take longer
to suffocate that way, right?
373
00:20:58,557 --> 00:21:01,117
Is that when you get
your knee right in their back,
374
00:21:01,159 --> 00:21:04,287
- and give it a good yank?
- You know what I want to know?
375
00:21:04,329 --> 00:21:07,787
Why did you switch from ties
to electrical cord?
376
00:21:07,833 --> 00:21:09,630
Is that better?
377
00:21:09,668 --> 00:21:11,795
I mean, you get
more control that way?
378
00:21:11,837 --> 00:21:14,965
Well, maybe the ties
were a little too risky?
379
00:21:15,007 --> 00:21:17,635
Couple of them wind up
damaged or missing,
380
00:21:17,676 --> 00:21:20,440
the wife starts wondering,
thinking, asking questions...
381
00:21:20,479 --> 00:21:23,846
"Is the man I sit next to in church
every Sunday really what he says he is?"
382
00:21:23,882 --> 00:21:25,509
I...
383
00:21:29,021 --> 00:21:30,852
I'm tired.
384
00:21:30,889 --> 00:21:33,483
You want to talk to a lawyer?
385
00:21:33,525 --> 00:21:35,493
You could get it off
your chest.
386
00:21:35,527 --> 00:21:37,995
- It'll all be privileged.
- No.
387
00:21:39,364 --> 00:21:41,662
Just that I'm tired,
that's all.
388
00:21:44,036 --> 00:21:45,867
I want to go lie down.
389
00:21:47,372 --> 00:21:49,340
Yeah, okay, soon.
Very soon.
390
00:21:49,374 --> 00:21:51,171
I just want to go over a couple
391
00:21:51,209 --> 00:21:53,109
of more things here, all right?
392
00:22:05,991 --> 00:22:09,188
These are the keys
we found in your apartment.
393
00:22:09,227 --> 00:22:11,787
Which one is the elevator key?
394
00:22:11,830 --> 00:22:15,129
- I told you, I don't know if I have one.
- Well, they say you did.
395
00:22:15,167 --> 00:22:17,135
You kept it,
just like you kept your ID.
396
00:22:17,169 --> 00:22:19,467
Which one is it, Albert?
Is it this one here?
397
00:22:19,504 --> 00:22:21,131
No...
398
00:22:21,173 --> 00:22:23,141
that's Sara's old place
in the Bronx.
399
00:22:23,175 --> 00:22:24,506
Okay.
400
00:22:24,543 --> 00:22:26,534
How about this one?
Is this it?
401
00:22:26,578 --> 00:22:29,069
It's for the garage.
402
00:22:29,114 --> 00:22:30,672
What about this?
403
00:22:30,716 --> 00:22:34,652
Sara's bicycle.
The lock.
404
00:22:34,686 --> 00:22:36,176
This one.
405
00:22:38,757 --> 00:22:41,089
Is that an elevator access key?
406
00:22:41,126 --> 00:22:43,253
No, it's for the storage.
407
00:22:43,295 --> 00:22:45,058
You're lying, Albert.
408
00:22:45,097 --> 00:22:47,156
Your building has no storage.
409
00:22:47,199 --> 00:22:50,066
Not there.
I mean on Sutphin.
410
00:22:50,102 --> 00:22:52,798
One of those rental places?
411
00:22:59,544 --> 00:23:01,375
What do you keep there, Albert?
412
00:23:03,315 --> 00:23:04,976
Just...
413
00:23:06,985 --> 00:23:08,953
junk.
414
00:23:12,491 --> 00:23:14,220
Pictures!
415
00:23:15,494 --> 00:23:17,724
I'll get working
on a search warrant.
416
00:23:28,507 --> 00:23:31,305
According to this, the guy
came in about once a week.
417
00:23:31,343 --> 00:23:33,573
- Usually in the evenings.
- Phil!
418
00:23:38,350 --> 00:23:40,875
Some people collect
baseball cards.
419
00:23:47,192 --> 00:23:50,320
Case number 750127.
420
00:23:50,362 --> 00:23:52,296
People versus
Albert Lawrence Cheney.
421
00:23:52,330 --> 00:23:54,992
Three counts of murder
in the second degree.
422
00:23:57,536 --> 00:23:59,197
Talk to me.
423
00:24:00,705 --> 00:24:02,297
Counselor?
424
00:24:02,340 --> 00:24:04,433
Not guilty, Your Honor.
425
00:24:04,476 --> 00:24:06,273
Mr. Robinette?
426
00:24:06,311 --> 00:24:08,939
Your Honor, as far as the State
is concerned,
427
00:24:08,980 --> 00:24:11,107
the heinous nature
of the crimes charged
428
00:24:11,149 --> 00:24:13,515
mandates the defendant be held
without bail.
429
00:24:13,552 --> 00:24:15,042
My client has rights.
430
00:24:15,086 --> 00:24:17,486
So do the rest of the women
in this city.
431
00:24:17,522 --> 00:24:19,683
- Your Honor, I think...
- Save it, Carl.
432
00:24:19,724 --> 00:24:22,386
Court orders defendant
held without bail.
433
00:24:35,841 --> 00:24:38,901
Your Honor, the police
repeatedly told Albert Cheney
434
00:24:38,944 --> 00:24:40,639
he had a right to an attorney.
435
00:24:40,679 --> 00:24:42,806
- And he waived that right?
- Several times.
436
00:24:42,848 --> 00:24:44,975
Miranda.
437
00:24:45,016 --> 00:24:47,985
Waiver's got to be
made voluntarily,
438
00:24:48,019 --> 00:24:50,544
knowingly, and intelligently.
439
00:24:50,589 --> 00:24:52,648
Carl, this guy's
been there before.
440
00:24:52,691 --> 00:24:54,318
He's well aware of his rights.
441
00:24:54,359 --> 00:24:56,327
But after 12 hours...
442
00:24:56,361 --> 00:24:58,056
a guy would forget his name.
443
00:24:58,096 --> 00:24:59,563
Come again?
444
00:24:59,598 --> 00:25:02,465
They battered my client
for 12 hours.
445
00:25:02,501 --> 00:25:03,729
Of course he broke.
446
00:25:03,768 --> 00:25:07,101
And gave us a box full
of photographs of his victims.
447
00:25:07,138 --> 00:25:09,265
The Supreme Court
says we should look
448
00:25:09,307 --> 00:25:11,172
at the totality
of the circumstances.
449
00:25:11,209 --> 00:25:13,439
Length of detention,
prolonged questioning,
450
00:25:13,478 --> 00:25:15,571
mental exhaustion.
451
00:25:15,614 --> 00:25:17,605
Carl, this guy
is a serial killer.
452
00:25:17,649 --> 00:25:19,116
He'll do it again.
453
00:25:20,218 --> 00:25:22,083
You get the stake.
I've got the match.
454
00:25:22,120 --> 00:25:25,146
What is it, Ben?
Huh?
455
00:25:25,190 --> 00:25:26,953
Charge a guy
with killing three girls,
456
00:25:26,992 --> 00:25:29,358
he loses his rights against
self-incrimination?
457
00:25:29,394 --> 00:25:32,261
The Supreme Court
never set hard and fast rules
458
00:25:32,297 --> 00:25:35,664
about the length of an
interrogation. It is a judgment call!
459
00:25:35,700 --> 00:25:38,328
And in my judgment,
the more heinous the crime charged,
460
00:25:38,370 --> 00:25:42,306
the more protective we must be
of the rights of the accused.
461
00:25:42,340 --> 00:25:44,706
The police overstepped
their bounds.
462
00:25:46,511 --> 00:25:48,274
I'm excluding the photos.
463
00:25:48,313 --> 00:25:50,008
Your Honor, we had a warrant.
464
00:25:50,048 --> 00:25:53,882
But without the browbeating, you
wouldn't have known where to search.
465
00:25:53,919 --> 00:25:58,481
As the photos were wrongfully
presented to the grand jury,
466
00:25:58,523 --> 00:26:00,753
this entire indictment
should be dismissed.
467
00:26:00,792 --> 00:26:03,784
We have physical evidence
linking him to the crime scene!
468
00:26:03,828 --> 00:26:05,762
A false electrician's ID.
469
00:26:05,797 --> 00:26:08,789
It's all on the Bream girl.
What about the others?
470
00:26:08,833 --> 00:26:10,357
Zippo.
471
00:26:11,469 --> 00:26:12,800
Ben?
472
00:26:14,639 --> 00:26:18,439
We drop the charges on the first two
girls, go ahead only on Judy Bream.
473
00:26:18,476 --> 00:26:21,104
Remember, he's being tried
for the Bream murder alone.
474
00:26:21,146 --> 00:26:24,479
Any mention of any priors,
and we return to go.
475
00:26:25,483 --> 00:26:27,314
I've watched Berg's work
for years.
476
00:26:28,486 --> 00:26:32,547
He doesn't try a case,
he charms a jury.
477
00:26:32,591 --> 00:26:36,118
When he's done,
they'll give Cheney a Nobel Prize.
478
00:26:36,161 --> 00:26:37,958
So much for victims' rights.
479
00:26:37,996 --> 00:26:40,123
Dead people don't have any,
my boy.
480
00:26:40,165 --> 00:26:41,826
What have we got here?
481
00:26:41,866 --> 00:26:44,266
What we don't have is one iota
of direct evidence.
482
00:26:45,503 --> 00:26:47,164
Cheney can't be that good.
483
00:26:47,205 --> 00:26:48,968
He's had practice.
484
00:26:49,007 --> 00:26:51,066
Two priors,
no evidence whatsoever.
485
00:26:51,109 --> 00:26:52,940
Yes, but they caught
him once, right?
486
00:26:52,978 --> 00:26:54,445
Man two.
487
00:26:54,479 --> 00:26:56,504
But he only spent
five years in Attica.
488
00:26:56,548 --> 00:26:58,140
Berg represent him?
489
00:26:58,183 --> 00:26:59,980
Who prosecuted?
490
00:27:00,018 --> 00:27:02,612
Fleischman.
In Brooklyn.
491
00:27:02,654 --> 00:27:04,747
This business...
492
00:27:04,789 --> 00:27:07,724
lightning does strike twice.
493
00:27:08,793 --> 00:27:11,125
Find out how the hell
Berg did it.
494
00:27:12,797 --> 00:27:14,594
How could I forget?
495
00:27:14,633 --> 00:27:17,261
Sally Kessler, 18 years old.
496
00:27:17,302 --> 00:27:19,998
A Hermes tie wrapped
around her neck,
497
00:27:20,038 --> 00:27:22,268
dumped naked
into a recycling bin
498
00:27:22,307 --> 00:27:24,298
behind Nathan's out
at Coney Island.
499
00:27:25,477 --> 00:27:28,412
- He's using wire now.
- Times is hard.
500
00:27:29,648 --> 00:27:31,775
It's scary.
501
00:27:31,816 --> 00:27:34,614
Cheney sat there and smiled
while he told us about it.
502
00:27:34,653 --> 00:27:36,314
Wait a minute.
503
00:27:37,822 --> 00:27:39,346
He confessed?
504
00:27:39,391 --> 00:27:41,655
That's the only way
we were going touch that guy.
505
00:27:41,693 --> 00:27:44,457
But he only served five
for man two.
506
00:27:44,496 --> 00:27:48,125
We're questioning Cheney,
nice and polite, getting nowhere.
507
00:27:48,166 --> 00:27:50,634
Soon he asked
to see his shrink.
508
00:27:50,669 --> 00:27:52,796
We ignore him,
keep on pressing.
509
00:27:52,837 --> 00:27:54,964
I don't know,
after about an hour or so
510
00:27:55,006 --> 00:27:58,339
we hit a sore spot or something,
and Cheney spills his guts.
511
00:27:58,376 --> 00:28:02,904
- So what's the problem?
- He goes and hires Carl Berg.
512
00:28:02,947 --> 00:28:05,541
Berg hears about
this shrink thing,
513
00:28:05,583 --> 00:28:07,244
starts doing a song and dance,
514
00:28:07,285 --> 00:28:09,879
screaming and yelling about
"Fare vs. Michael C."
515
00:28:09,921 --> 00:28:12,082
The case where the kid asked
for his parole officer?
516
00:28:12,123 --> 00:28:14,990
The Supreme Court said it's not the
same thing as asking for a lawyer.
517
00:28:15,026 --> 00:28:17,187
Only at the time
the Supreme Court
518
00:28:17,228 --> 00:28:20,755
had heard arguments, but hadn't
yet handed down it's opinion.
519
00:28:20,799 --> 00:28:23,393
Parole officer, shrink...
could've gone either way.
520
00:28:24,469 --> 00:28:26,266
So you cut a deal.
521
00:28:26,304 --> 00:28:28,431
I got him off the streets
for five to 15.
522
00:28:28,473 --> 00:28:30,441
Usually I take all bets.
523
00:28:30,475 --> 00:28:32,602
But the chance
that Cheney goes free?
524
00:28:32,644 --> 00:28:34,271
I'm sorry.
525
00:28:34,312 --> 00:28:36,439
Those stakes
were just too high.
526
00:28:38,817 --> 00:28:40,614
And he served the minimum?
527
00:28:40,652 --> 00:28:42,620
Warden said he was
a model prisoner.
528
00:28:42,654 --> 00:28:44,986
Parole board agreed.
529
00:28:48,493 --> 00:28:49,983
Robinette.
530
00:28:51,162 --> 00:28:52,789
Yeah?
531
00:28:52,831 --> 00:28:54,662
Thanks.
532
00:28:56,668 --> 00:29:00,126
The Breams are in your office.
They're not alone.
533
00:29:00,171 --> 00:29:02,071
A lawyer, Jack O'Connell...
534
00:29:02,107 --> 00:29:04,632
from the Connecticut
DA's office, is with them.
535
00:29:06,411 --> 00:29:09,574
So the Brooklyn DA screws up,
536
00:29:09,614 --> 00:29:12,742
and this psycho is free
to kill again?
537
00:29:12,784 --> 00:29:15,582
Nobody screwed up.
They had to cut a deal.
538
00:29:15,620 --> 00:29:19,386
My daughter is dead because of a
legal technicality, and you know it!
539
00:29:19,424 --> 00:29:23,258
And I regret it, but the Supreme
Court decided a long time ago
540
00:29:23,294 --> 00:29:25,125
that when the system errs,
541
00:29:25,163 --> 00:29:27,597
it'll be on the side
of individual rights.
542
00:29:27,632 --> 00:29:30,430
If my daughter
had been hit by a car,
543
00:29:30,468 --> 00:29:32,595
we could sue the driver.
544
00:29:32,637 --> 00:29:35,902
Can we sue
the Supreme Court, Mr. Stone?
545
00:29:35,940 --> 00:29:39,398
I assure you, Mrs. Bream,
we'll do the best we can.
546
00:29:39,444 --> 00:29:41,275
Maybe I can do you one better.
547
00:29:41,312 --> 00:29:44,338
Cheney lured Judy
from Connecticut into New York,
548
00:29:44,382 --> 00:29:46,748
where he ultimately held
her captive and killed her.
549
00:29:46,785 --> 00:29:47,809
With your assistance,
550
00:29:47,852 --> 00:29:50,252
we can prosecute him in Connecticut
for kidnapping.
551
00:29:50,288 --> 00:29:52,950
- He never abducted her.
- Kidnapping by pretense.
552
00:29:52,991 --> 00:29:55,653
When Cheney phoned
with this electrician story,
553
00:29:55,693 --> 00:29:59,789
he had no idea the call was
being forwarded to Connecticut.
554
00:29:59,831 --> 00:30:01,958
He thought she was home.
555
00:30:02,000 --> 00:30:04,628
He had no intent
of luring her anywhere.
556
00:30:04,669 --> 00:30:08,332
No, I was there
when the call came.
557
00:30:08,373 --> 00:30:12,537
Judy told him
she was at our house.
558
00:30:14,612 --> 00:30:17,604
With death being the ultimate
result of the kidnapping,
559
00:30:17,649 --> 00:30:19,514
we can toss in felony murder.
560
00:30:19,551 --> 00:30:22,213
- Mr. O'Connell, I don't understand.
- It's simple.
561
00:30:22,253 --> 00:30:26,451
In Connecticut
we have the death penalty.
562
00:30:26,491 --> 00:30:29,824
Yep, it's like Chicago
in the '20s.
563
00:30:29,861 --> 00:30:31,658
You don't like someone,
564
00:30:31,696 --> 00:30:33,823
hire a couple of out-of-state thugs,
rub them out.
565
00:30:33,865 --> 00:30:36,595
They don't want justice,
they want vengeance.
566
00:30:36,634 --> 00:30:38,693
An eye for an eye.
Worked for thousands of years.
567
00:30:38,736 --> 00:30:41,637
- What are you going to do?
- I said thanks, but no thanks.
568
00:30:41,673 --> 00:30:44,005
They can have Cheney
after we're through with him.
569
00:30:44,042 --> 00:30:47,944
If we lose, double jeopardy prevents
anyone from retrying him on the murder.
570
00:30:47,979 --> 00:30:50,971
O'Connell says he has a good shot at
admitting evidence from the prior murders
571
00:30:51,015 --> 00:30:53,347
to show Cheney had
the requisite intent to kidnap.
572
00:30:53,384 --> 00:30:55,011
But their case is bogus.
573
00:30:55,053 --> 00:30:56,850
You saw the mother, she's lying.
574
00:30:56,888 --> 00:30:59,186
Her daughter never told Cheney
she was in Connecticut.
575
00:30:59,224 --> 00:31:01,784
What jury won't believe
a grieving mother?
576
00:31:01,826 --> 00:31:04,852
Cheney is an animal. Yes, he
should be tried and convicted.
577
00:31:04,896 --> 00:31:07,797
But, no, we shouldn't subvert
the legal system to do it.
578
00:31:07,832 --> 00:31:09,800
And if Mrs. Bream
is telling the truth?
579
00:31:09,834 --> 00:31:11,529
He committed a crime
in New York.
580
00:31:11,569 --> 00:31:14,402
Our law says he should be convicted,
not executed.
581
00:31:14,439 --> 00:31:16,134
What about his alibi?
582
00:31:16,174 --> 00:31:18,301
It plays as far as I can tell.
583
00:31:18,343 --> 00:31:20,743
Sara Cheney punched
in to work at 9:00 p. m.
584
00:31:20,778 --> 00:31:23,611
And don't co-workers scratch
each other's backs?
585
00:31:25,016 --> 00:31:27,143
She drives to work,
doesn't she?
586
00:31:30,355 --> 00:31:32,152
Civil Service.
587
00:31:32,190 --> 00:31:34,988
Can't be fired,
bennies up the ying-yang.
588
00:31:35,026 --> 00:31:36,994
Should've taken the exam.
589
00:31:37,028 --> 00:31:39,258
- All the postal workers park here?
- Half price.
590
00:31:39,297 --> 00:31:42,824
Uncle Sam picks up the rest,
and we keep the receipts.
591
00:31:42,867 --> 00:31:44,835
Feds don't trust anybody.
592
00:31:44,869 --> 00:31:46,496
Here we go, Cheney.
593
00:31:46,537 --> 00:31:49,802
Green Metro.
Punched in 9:45.
594
00:31:52,944 --> 00:31:55,003
She covered for him?
595
00:31:55,046 --> 00:31:59,005
Her friend admitted she punched
her time card for her at 9:00.
596
00:31:59,050 --> 00:32:01,450
Even if Cheney gave her
a play-by-play,
597
00:32:01,486 --> 00:32:03,113
we can't put her on the stand.
598
00:32:03,154 --> 00:32:05,645
Spousal privilege.
No way Cheney waives it.
599
00:32:07,492 --> 00:32:09,960
The Breams are playing
hardball now.
600
00:32:09,994 --> 00:32:13,157
Connecticut DA's motion
to have Cheney extradited.
601
00:32:14,332 --> 00:32:17,130
So we'll stop it.
We'll get an injunction.
602
00:32:18,503 --> 00:32:20,471
Have you seen
the civil calendar lately?
603
00:32:20,505 --> 00:32:24,805
Cheney will be tried and dead six months
before we get a judge to look at our papers.
604
00:32:24,842 --> 00:32:26,469
We'll get a temporary
restraining order.
605
00:32:26,511 --> 00:32:29,844
We'll do the papers tonight, and we'll
be at 9:30 calendar call tomorrow.
606
00:32:31,516 --> 00:32:33,313
What, you got other plans?
607
00:32:33,351 --> 00:32:35,182
I don't know.
608
00:32:35,219 --> 00:32:37,210
Representing Cheney
in Civil Court,
609
00:32:37,255 --> 00:32:39,018
just so we can prosecute him?
610
00:32:39,057 --> 00:32:40,456
I am not representing Cheney,
611
00:32:40,491 --> 00:32:43,517
I am representing the People
of the State of New York.
612
00:32:47,699 --> 00:32:50,497
Your Honor, I'm sure I needn't
remind this Court
613
00:32:50,535 --> 00:32:53,834
of the "full faith and credit"
clause of the US Constitution,
614
00:32:53,871 --> 00:32:57,500
which mandates that sister states
honor each other's laws.
615
00:32:57,542 --> 00:33:00,477
Albert Cheney broke the laws
of the state of New York,
616
00:33:00,511 --> 00:33:03,105
he was arrested within
its boundaries.
617
00:33:03,147 --> 00:33:07,345
It would be a miscarriage to allow
another state to usurp its jurisdiction.
618
00:33:07,385 --> 00:33:09,615
The issue in this motion
is not jurisdiction.
619
00:33:09,654 --> 00:33:12,589
It is the inadequacy... no, the
complete inability of New York
620
00:33:12,623 --> 00:33:14,113
to deal with violent criminals.
621
00:33:14,158 --> 00:33:16,626
And you believe that Connecticut
is more able?
622
00:33:16,661 --> 00:33:19,289
New York has tried a deal
with Albert Lawrence Cheney,
623
00:33:19,330 --> 00:33:22,026
and at least
four young women are dead.
624
00:33:22,066 --> 00:33:23,966
Was he rehabilitated,
625
00:33:24,002 --> 00:33:27,460
and did his five years
in prison prevent recidivism?
626
00:33:27,505 --> 00:33:30,303
- Obviously not.
- So the only thing left is revenge?
627
00:33:30,341 --> 00:33:32,969
- You tell me.
- You had your turn, Mr. Stone.
628
00:33:33,011 --> 00:33:35,571
And let's do without
the rhetoric, Counselor.
629
00:33:35,613 --> 00:33:38,207
If you grant
Mr. Stone's motion,
630
00:33:38,249 --> 00:33:40,911
and if he tries
the defendant and loses,
631
00:33:40,952 --> 00:33:43,750
we are then precluded
from prosecuting him
632
00:33:43,788 --> 00:33:45,779
for the murder of Judy Bream.
633
00:33:45,823 --> 00:33:49,520
Bottom line, Your Honor, Albert
Cheney is of no use to anyone alive.
634
00:33:49,560 --> 00:33:51,960
Is this forum shopping?
This is a criminal case.
635
00:33:51,996 --> 00:33:54,658
Yes, I know, Mr. Stone,
and this is a Civil Court.
636
00:33:54,699 --> 00:33:57,167
Why you want to keep
Mr. Cheney alive is beyond me.
637
00:33:57,201 --> 00:34:00,227
I, for one, wouldn't lose any sleep
if they flipped the switch.
638
00:34:00,271 --> 00:34:02,171
- That's not relevant.
- I know.
639
00:34:02,206 --> 00:34:05,266
Unfortunately, Mr. Stone
has met the burden
640
00:34:05,309 --> 00:34:07,903
required by law
for a restraining order.
641
00:34:07,945 --> 00:34:10,743
As such, I am forced
to grant his motion.
642
00:34:10,782 --> 00:34:13,842
The case against
Albert Cheney stays put.
643
00:34:13,885 --> 00:34:17,321
May God help both of us
if you lose that trial, Mr. Stone.
644
00:34:24,328 --> 00:34:26,319
The ME's report?
645
00:34:27,832 --> 00:34:29,663
Are you with me here?
646
00:34:30,835 --> 00:34:33,099
We've taken
flyers before, but...
647
00:34:33,137 --> 00:34:35,765
You would prefer that I let
O'Connell try this case?
648
00:34:35,807 --> 00:34:39,607
- The courts are not your personal soapbox.
- Have you heard me preach?
649
00:34:39,644 --> 00:34:42,477
Better we bend the system
than risk letting him walk
650
00:34:42,513 --> 00:34:45,846
- because of some unfounded morality.
- Who's preaching now?
651
00:34:45,883 --> 00:34:49,649
You're not talking about convicting
him, you're talking about killing him.
652
00:34:49,687 --> 00:34:52,485
I think my tax dollars
can be put to better use
653
00:34:52,523 --> 00:34:56,983
than clothing, housing and feeding
Albert Cheney. Maybe I'm just pragmatic.
654
00:34:57,028 --> 00:34:59,826
The cost to the State
of a capital trial
655
00:34:59,864 --> 00:35:01,764
is roughly $1.8 million.
656
00:35:01,799 --> 00:35:05,098
That is twice the cost of an average
life imprisonment.
657
00:35:05,136 --> 00:35:07,434
Now, who's being pragmatic here?
658
00:35:07,472 --> 00:35:10,669
Maybe the Breams are
entitled to a little vengeance.
659
00:35:12,643 --> 00:35:15,203
"Do unto others
as they did unto you?"
660
00:35:15,246 --> 00:35:17,476
We burn the homes of arsonists?
661
00:35:17,515 --> 00:35:20,450
We sexually abuse
those who rape?
662
00:35:20,485 --> 00:35:22,612
- You're rationalizing.
- Maybe.
663
00:35:22,653 --> 00:35:24,951
But the New York State
Court of Appeals says
664
00:35:24,989 --> 00:35:27,480
the death penalty
is cruel and inhuman.
665
00:35:27,525 --> 00:35:30,221
And what do you say?
666
00:35:30,261 --> 00:35:32,991
And I say we uphold
the laws of this state.
667
00:35:38,503 --> 00:35:40,801
There was a toolbox,
and in it we found
668
00:35:40,838 --> 00:35:42,806
duct tape, electrical wire,
669
00:35:42,840 --> 00:35:47,470
and a Manhattan Power Company
employee ID issued to Mr. Cheney.
670
00:35:47,512 --> 00:35:50,970
We also found
a Polaroid camera in a desk.
671
00:35:51,015 --> 00:35:52,983
And the cumulative effect
of this evidence
672
00:35:53,017 --> 00:35:54,712
was sufficient
to arrest Mr. Cheney?
673
00:35:54,752 --> 00:35:57,118
Yes. That and the fact
he worked for her gynecologist.
674
00:35:57,155 --> 00:35:59,020
Thank you, Detective.
675
00:36:03,294 --> 00:36:05,922
The duct tape was used
on the victim...
676
00:36:05,963 --> 00:36:08,761
- is there anything special about it?
- No.
677
00:36:08,799 --> 00:36:12,166
So it can be purchased at any
hardware store, isn't that correct?
678
00:36:12,203 --> 00:36:14,797
- That's correct.
- Good.
679
00:36:14,839 --> 00:36:18,775
That narrows it down to,
what, eight million suspects,
680
00:36:18,809 --> 00:36:20,902
assuming the culprit lived
in New York City?
681
00:36:20,945 --> 00:36:23,436
Judy Bream had
an unlisted number.
682
00:36:23,481 --> 00:36:27,281
Whoever killed her had to get
that number from somewhere, sir.
683
00:36:27,318 --> 00:36:29,286
Uh-huh.
684
00:36:29,320 --> 00:36:31,447
Can you identify this,
Detective?
685
00:36:31,489 --> 00:36:33,457
That's the victim's
address book.
686
00:36:33,491 --> 00:36:35,789
We found it in her apartment.
687
00:36:35,826 --> 00:36:37,225
Would you...
please.
688
00:36:39,130 --> 00:36:42,293
Tell me, what do you see in
the back portion of the book?
689
00:36:45,670 --> 00:36:48,264
Names, addresses,
phone numbers.
690
00:36:48,306 --> 00:36:50,467
And how many names...
roughly,
691
00:36:50,508 --> 00:36:52,806
how many names would you say
appear there?
692
00:36:52,843 --> 00:36:54,674
Roughly...
693
00:36:58,516 --> 00:37:00,381
I would say roughly 100.
694
00:37:00,418 --> 00:37:02,249
Mm-hmm.
695
00:37:02,286 --> 00:37:05,084
Now, would it be fair to say
that these hundred people,
696
00:37:05,122 --> 00:37:08,091
who were kind enough to give
Judy their phone numbers,
697
00:37:08,125 --> 00:37:10,286
were also lucky enough
to receive hers?
698
00:37:10,328 --> 00:37:13,354
- Objection.
- Withdrawn.
699
00:37:13,397 --> 00:37:16,525
You don't have any evidence
at all against my client, do you?
700
00:37:16,567 --> 00:37:18,899
- Your Honor...
- That's enough, Mr. Berg.
701
00:37:18,936 --> 00:37:21,131
I have no further questions.
702
00:37:24,809 --> 00:37:27,778
She spent the weekend with us.
703
00:37:27,812 --> 00:37:30,440
She was off for the holidays.
704
00:37:30,481 --> 00:37:33,109
She was planning
on staying the entire week.
705
00:37:33,150 --> 00:37:35,710
Why did Judy return
to the city, Mrs. Bream?
706
00:37:35,753 --> 00:37:38,449
She got a telephone call.
707
00:37:38,489 --> 00:37:40,753
Something about
her electricity.
708
00:37:40,791 --> 00:37:44,283
Did she typically leave
the door to her apartment unlocked?
709
00:37:45,997 --> 00:37:50,263
No, she had three chains
on her door.
710
00:37:50,301 --> 00:37:52,963
Her father insisted.
711
00:37:53,004 --> 00:37:56,303
You'd ring the bell
and then she'd double-check.
712
00:37:56,340 --> 00:37:57,807
You know...
713
00:37:57,842 --> 00:37:59,207
through the peephole.
714
00:37:59,243 --> 00:38:01,302
When was the last time
you spoke to Judy?
715
00:38:03,281 --> 00:38:04,976
It was that night.
716
00:38:07,218 --> 00:38:09,846
I had her on the phone,
the doorbell rang...
717
00:38:11,389 --> 00:38:13,414
and she went to answer it.
718
00:38:13,457 --> 00:38:15,652
Did she put you on hold?
719
00:38:17,461 --> 00:38:19,361
No, she had a portable phone.
720
00:38:20,631 --> 00:38:22,861
What, if anything,
did you hear then, Mrs. Bream?
721
00:38:25,970 --> 00:38:27,801
I heard her call...
722
00:38:29,473 --> 00:38:31,464
to the man through the door.
723
00:38:31,509 --> 00:38:33,636
And did you hear his response?
724
00:38:36,480 --> 00:38:38,004
Mrs. Bream?
725
00:38:40,318 --> 00:38:43,310
Mrs. Bream, did you hear
his response?
726
00:38:46,324 --> 00:38:48,224
- Yes.
- What did he say?
727
00:38:48,259 --> 00:38:49,817
Calls for hearsay, Your Honor.
728
00:38:49,860 --> 00:38:51,725
Statement against
penal interest.
729
00:38:51,762 --> 00:38:53,730
Not if my client didn't say it.
730
00:38:53,764 --> 00:38:55,664
Sustained.
731
00:38:57,335 --> 00:38:59,326
No more questions.
732
00:39:09,113 --> 00:39:12,207
I'm truly sorry
about your daughter, Mrs. Bream.
733
00:39:14,185 --> 00:39:16,312
Now, I'll try to make
this short.
734
00:39:18,789 --> 00:39:20,689
The voice you said you heard?
735
00:39:20,725 --> 00:39:22,249
I heard it.
736
00:39:22,293 --> 00:39:25,956
And do you think you could
recognize the voice?
737
00:39:29,633 --> 00:39:31,328
No.
738
00:39:31,369 --> 00:39:33,929
Because it was through
the door,
739
00:39:33,971 --> 00:39:35,461
isn't that right?
740
00:39:38,008 --> 00:39:41,967
So, all you're sure of...
741
00:39:43,314 --> 00:39:45,782
is it was a man at the door.
742
00:39:48,152 --> 00:39:52,953
Would you consider that you
and Judy were fairly close?
743
00:39:54,825 --> 00:39:57,225
She was my daughter.
744
00:39:57,261 --> 00:39:59,161
She ever tell you about
any of her friends?
745
00:40:04,835 --> 00:40:07,167
Do you recall her
ever mentioning...
746
00:40:08,672 --> 00:40:10,731
someone by the name of Finkel?
747
00:40:10,775 --> 00:40:12,640
Robert, I think it was.
748
00:40:12,676 --> 00:40:14,803
Was he one of her friends?
749
00:40:16,514 --> 00:40:18,072
Yes.
750
00:40:20,017 --> 00:40:23,646
- And Michael Schwartz?
- Yes.
751
00:40:23,687 --> 00:40:25,552
And Steve Eidler?
752
00:40:29,527 --> 00:40:31,324
Yes, but...
753
00:40:31,362 --> 00:40:32,886
And Brian Sherman,
754
00:40:32,930 --> 00:40:34,795
Peter Brav,
755
00:40:34,832 --> 00:40:36,857
and Alan Sklar?
756
00:40:39,870 --> 00:40:42,634
Now, tell me, Mrs. Bream,
757
00:40:42,673 --> 00:40:46,973
isn't it possible
that it was Robert Finkel,
758
00:40:47,011 --> 00:40:50,174
or Michael Schwartz,
Steve Eidler,
759
00:40:50,214 --> 00:40:52,842
Peter Brav, Brian Sherman,
760
00:40:52,883 --> 00:40:56,649
or Alan Sklar who was
at the door that night?
761
00:41:00,891 --> 00:41:02,825
Why are you doing this?
762
00:41:06,831 --> 00:41:08,822
She was my daughter.
763
00:41:10,334 --> 00:41:12,461
No further questions,
Your Honor.
764
00:41:13,838 --> 00:41:16,170
He took her from me.
765
00:41:23,514 --> 00:41:25,812
Berg's got them eating out
of his hand.
766
00:41:25,850 --> 00:41:27,408
Yeah.
767
00:41:27,451 --> 00:41:29,316
Had a professor in law school,
768
00:41:29,353 --> 00:41:31,651
said the case is won
by the attorney
769
00:41:31,689 --> 00:41:33,657
who's better liked by the jury.
770
00:41:33,691 --> 00:41:35,989
Laws, facts, truth...
nothing to do with it.
771
00:41:36,026 --> 00:41:38,654
Maybe in a contract case,
but this is a serial killer.
772
00:41:38,696 --> 00:41:41,164
The jury doesn't know that.
What do you got left?
773
00:41:41,198 --> 00:41:43,826
CSU tech will testify
to the duct tape
774
00:41:43,868 --> 00:41:46,166
and carpet fibers found
in Cheney's dryer.
775
00:41:46,203 --> 00:41:49,172
Circumstantial evidence.
Berg will have a field day.
776
00:41:49,206 --> 00:41:52,175
We don't have anything direct,
other than the wife.
777
00:41:52,209 --> 00:41:54,200
And her testimony
is privileged.
778
00:41:54,245 --> 00:41:56,509
If she's an accomplice,
it's broken.
779
00:41:56,547 --> 00:41:58,777
Establishing a false alibi
does not make her
780
00:41:58,816 --> 00:42:00,408
an accomplice to murder.
781
00:42:01,986 --> 00:42:04,614
But destroying evidence does.
782
00:42:04,655 --> 00:42:07,055
Who do you think washed
Cheney's clothes?
783
00:42:09,827 --> 00:42:12,455
Wake up a judge.
Get an arrest warrant.
784
00:42:12,496 --> 00:42:14,464
And notify Legal Aid on this.
785
00:42:14,498 --> 00:42:16,466
I want her to have a lawyer.
786
00:42:20,004 --> 00:42:21,835
I already told the police.
787
00:42:23,007 --> 00:42:26,465
We went to the movies,
we had dinner,
788
00:42:26,510 --> 00:42:28,478
I drove Albert home,
789
00:42:28,512 --> 00:42:30,446
and then I was at work by 9:00.
790
00:42:30,481 --> 00:42:33,473
That's not true, Mrs. Cheney,
and we both know it.
791
00:42:33,517 --> 00:42:36,008
We spoke to a co-worker...
Barbara Livingston.
792
00:42:36,053 --> 00:42:38,749
She said she punched
you in at 9:00.
793
00:42:38,789 --> 00:42:41,724
You didn't get to work
until close to 10:00.
794
00:42:41,759 --> 00:42:43,920
So she stopped for a cup
of coffee on the way.
795
00:42:43,961 --> 00:42:45,656
It doesn't prove anything.
796
00:42:45,696 --> 00:42:48,756
You're going to have
to do better than that, Mrs. Cheney.
797
00:42:48,799 --> 00:42:50,824
Accomplice to murder two...
798
00:42:50,868 --> 00:42:52,893
that's a lot of years in jail.
799
00:42:52,937 --> 00:42:55,098
Wing and a prayer. Silly
Putty doesn't stretch that far.
800
00:42:55,139 --> 00:42:56,834
I don't think so,
Ms. Melton.
801
00:42:56,874 --> 00:42:59,502
Your client washed her husband's
clothes. That's tampering.
802
00:42:59,543 --> 00:43:02,740
- Accessory after the fact.
- You can't prove a thing.
803
00:43:13,324 --> 00:43:15,724
Take a good look,
Mrs. Cheney.
804
00:43:19,496 --> 00:43:21,691
That's how your husband gets
his kicks.
805
00:43:42,519 --> 00:43:44,214
That morning...
806
00:43:47,157 --> 00:43:49,022
we read to each other...
807
00:43:52,363 --> 00:43:54,331
Corinthians.
808
00:44:02,973 --> 00:44:06,704
He came home
at 8:30, and he was frantic.
809
00:44:09,647 --> 00:44:12,582
His shoulder had
some blood on it, over here...
810
00:44:15,653 --> 00:44:17,450
and he said
he'd been in a fight...
811
00:44:17,488 --> 00:44:19,615
that someone
had tried to mug him.
812
00:44:19,657 --> 00:44:21,852
Was he carrying anything,
Mrs. Cheney?
813
00:44:21,892 --> 00:44:24,725
- His toolbox.
- Anything else?
814
00:44:27,665 --> 00:44:29,496
His camera.
815
00:44:32,002 --> 00:44:33,902
What, if anything,
did he say to you?
816
00:44:37,007 --> 00:44:41,535
He said that he was afraid
he may have hurt the man and...
817
00:44:42,813 --> 00:44:45,475
he said he needed an alibi.
818
00:44:46,483 --> 00:44:48,542
And then he told me
819
00:44:48,585 --> 00:44:51,713
to hide the toolbox
and the camera.
820
00:44:56,860 --> 00:44:58,327
And then...
821
00:44:58,362 --> 00:45:01,058
then I washed the blood off
his shirt.
822
00:45:05,202 --> 00:45:07,568
Why did you help him,
Mrs. Cheney?
823
00:45:11,809 --> 00:45:13,640
He was my husband.
824
00:45:14,812 --> 00:45:17,440
He was on parole.
825
00:45:17,481 --> 00:45:19,608
I don't know...
826
00:45:19,650 --> 00:45:22,016
Did you believe the story
about the mugging?
827
00:45:22,052 --> 00:45:23,576
Objection.
828
00:45:23,620 --> 00:45:25,247
Sustained.
829
00:45:27,324 --> 00:45:29,189
I loved him.
830
00:45:31,095 --> 00:45:33,962
I prayed for him.
831
00:45:33,997 --> 00:45:37,091
- I didn't know.
- Didn't know what?
832
00:45:37,134 --> 00:45:41,127
I didn't know that
he was an animal.
833
00:45:41,171 --> 00:45:42,263
Objection!
834
00:45:45,342 --> 00:45:47,037
Thank you, Mrs. Cheney.
835
00:45:53,851 --> 00:45:55,148
Oh, I don't know.
836
00:45:55,185 --> 00:45:57,551
25-years-to-life
is a long time.
837
00:45:57,588 --> 00:46:00,421
I know two people
who consider it a gift.
838
00:46:00,457 --> 00:46:02,482
Well, then you might
enjoy this.
839
00:46:03,627 --> 00:46:05,094
The obituaries?
840
00:46:05,129 --> 00:46:07,324
Richard Speck.
Killed eight nurses in 66.
841
00:46:07,364 --> 00:46:09,924
Died in prison.
He was 49.
842
00:46:09,967 --> 00:46:11,958
Cheney's 42.
843
00:46:12,008 --> 00:46:16,558
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