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NARRATOR:
In the criminal justice system
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00:00:02,193 --> 00:00:06,095
the people are represented by two
separate yet equally important groups,
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00:00:05,994 --> 00:00:07,792
the police
who investigate crime
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00:00:07,784 --> 00:00:10,582
and the district attorneys
who prosecute the offenders.
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These are their stories.
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I served 18 years
with a clean conduct record.
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The last six, I worked
in the heating plant
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without any
supervision whatsoever.
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I got my GED and I finished two
years of college by correspondence.
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That's very good.
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What we'd like to know, Mr.
Darnell, is if you're released today,
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00:00:31,835 --> 00:00:34,327
how can we trust you won't
get in trouble again?
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I'm not the same man
I was 18 years ago.
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I've had therapy. I've got discipline.
I understand myself.
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I'm responsible for my actions.
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BOARD MEMBER: What does that
mean to you, to act responsibly?
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If you grant me parole,
I plan to work hard
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and support my daughter
and my grandchildren.
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I plan to make restitution
to the people I hurt.
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Nobody owes me a second chance.
I'm not saying I deserve one.
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But I'm giving it
to you straight here,
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I know in my own mind, I will
never harm anybody again.
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Thank you, Mr.
Darnell. Mr. McCoy?
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Thank you.
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I don't think Mr.
Darnell's changed at all.
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I think he's just as dangerous
as he was when I prosecuted him.
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He was found guilty
of six vicious rapes.
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He was a suspect
in seven others.
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He raped young women, mostly
teenagers, at knife point,
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in broad daylight,
in their own bedrooms.
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He wrapped a pillowcase
around their faces,
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to terrorize them and
heighten his pleasure.
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I have here letters from those women.
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They don't want
his restitution.
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They don't want
anything from him.
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All they ask is that we keep him
behind bars for the next 12 years,
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to serve out the rest
of his sentence.
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This is the third time
he's applied for release,
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the third time I've
come here to oppose it.
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I ask you now to
again deny him parole.
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Let him pay his debt
to society in full.
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BOARD MEMBER:
Thank you, Mr. McCoy.
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(WHISPERING)
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Mr. Darnell, we have taken into
account your psychiatric evaluation,
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your conduct report, and
Warden Davies' recommendation.
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Though we are mindful
of Mr. McCoy's concerns,
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we hereby grant your
request for early release.
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(SIGHS IN RELIEF)
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(SNIFFLING)
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The mother, Mrs. Perez, found her
in bed when she got home from work.
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She thought she was sleeping.
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At 3:00 in
the afternoon?
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The girl had the flu.
She was staying home from school.
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You check the
doors and windows?
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(SIGHS) No sign
of forced entry.
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But Mrs. Perez
says the front door
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(SOBBING) Was locked with the latch.
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CURTIS: And the building?
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Well, the door to the roof
is padlocked from the inside.
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The only way in is
through the main door,
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and the super swears
it's always locked.
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Now, the canvass turned up a
friend who saw her around noon.
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(SIGHS) She was going to the basement to do laundry.
That's it right there.
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BRISCOE: Is this
how Mom found her?
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She was on her side,
facing the wall.
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Any injuries?
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There's a bruise on her right
hand, a small nick on her neck.
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For all I know, she stroked
out or had an aneurysm.
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Well, what are we doing here?
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Ask the mother.
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She says the girl
must've been raped,
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because she never sleeps naked.
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And you say?
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Yesterday, I found out my
12-year-old is a vegetarian.
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I think this girl just outgrew her Dr.
Denton's.
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Except it's February
and she had the flu.
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I didn't see anything forcible.
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Do ripped panties count?
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(POLICE RADIO CHATTERING)
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You told the officer
that the front door
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(SNIFFLING) Was locked
when you got home?
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00:04:53,441 --> 00:04:55,932
Yes. Just with
the handle, though.
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Well, it locks by itself
when you close the door?
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Yes.
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(SOBBING)
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Did Teresa have a boyfriend?
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00:05:05,771 --> 00:05:09,468
She didn't have time.
She was too busy with school.
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00:05:11,584 --> 00:05:14,849
Isn't it possible that she
could've found the time?
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I wouldn't let her.
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(SOBBING)
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When I was her age, I was
pregnant with Teresa.
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I didn't want that for her.
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(SOBBING) Oh, God,
my baby's dead!
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My beautiful baby.
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00:05:38,097 --> 00:05:40,964
I met her coming
down the stairs,
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I thought she was
gonna pass out.
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She was sweating and coughing.
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I helped her carry her
wash down to the basement.
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What time was this?
I don't know.
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It was just before
I went to the store
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with my mom,
maybe around 11:30.
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Mmm-hmm.
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00:05:56,399 --> 00:05:59,095
Did Teresa say she was
expecting company later?
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Her boyfriend, maybe?
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00:06:00,519 --> 00:06:02,987
No, she wasn't
expecting anybody.
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00:06:03,330 --> 00:06:05,959
But she did have
a boyfriend, right?
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00:06:05,918 --> 00:06:07,715
She didn't want
her mother to know.
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00:06:08,346 --> 00:06:12,248
It's Raymond Cartena.
He lives in the building next door.
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Was she...
Was she having sex with him?
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00:06:16,522 --> 00:06:20,687
No. Teresa said they
talked about doing it.
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He wanted to,
but she was scared.
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I called her this morning to
see if she was feeling better.
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We were trying to make arrangements
to get with each other.
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And do what, go to the ballet?
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The movies, you know?
I mean, something like that.
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That's funny, because
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we heard you had something
else in mind for her.
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00:06:44,121 --> 00:06:45,383
What's that supposed to mean?
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00:06:45,398 --> 00:06:48,959
She was found naked in her bed.
Did you do that, Raymond?
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00:06:49,902 --> 00:06:50,891
No!
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00:06:50,925 --> 00:06:52,893
Come on, Raymond, we're all fellows here.
We know how it is.
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00:06:52,873 --> 00:06:55,364
You're popping wood and she's
giving you the red light, right?
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00:06:55,332 --> 00:06:57,062
I did not do that.
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00:06:57,058 --> 00:06:58,719
No way.
Where were you today?
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00:06:59,421 --> 00:07:02,481
On West 83,
making a shower pan.
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00:07:03,126 --> 00:07:06,391
I'm gonna need that
contractor's number, all right?
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00:07:10,473 --> 00:07:14,136
You're sure about the times?
Okay, thank you very much.
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00:07:15,168 --> 00:07:18,194
Well, he got there at 10:00 a.
M., left just after 3:00.
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00:07:18,139 --> 00:07:19,572
Had lunch on the premises.
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00:07:19,577 --> 00:07:22,011
Well, he'll be relieved
to hear he didn't do it.
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00:07:21,972 --> 00:07:23,804
Plan B, it was an inside job.
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00:07:23,793 --> 00:07:25,158
The super said
Teresa's building
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00:07:25,167 --> 00:07:26,896
was locked tighter than Fort Knox.
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00:07:26,892 --> 00:07:30,726
Yeah, unlike this place.
The lock's busted. Anybody can get in.
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00:07:30,628 --> 00:07:33,927
Question is, can you get
from this building to hers?
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00:07:39,508 --> 00:07:41,203
If any of that
garbage from next door
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got into my building,
I want to kill him.
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00:07:45,801 --> 00:07:47,393
What's in there?
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00:07:47,398 --> 00:07:51,529
People used to keep their strollers in
there, but we don't use it anymore.
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00:07:51,423 --> 00:07:52,822
It's locked.
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(DOOR CREAKING)
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00:08:07,905 --> 00:08:10,499
CURTIS: Hey, Lennie.
BRISCOE: What's that?
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00:08:10,971 --> 00:08:12,370
Could be a conduit.
144
00:08:12,377 --> 00:08:15,437
The city used to have pipes
running between the buildings.
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00:08:15,379 --> 00:08:17,712
CURTIS: It isn't nailed,
just jammed in.
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00:08:18,861 --> 00:08:19,953
BRISCOE: Well?
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00:08:21,736 --> 00:08:23,761
The boiler room next door.
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00:08:27,900 --> 00:08:31,166
RODGERS: The bruise on her wrist
might be a restraint wound.
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00:08:31,478 --> 00:08:33,002
What about the cut
on her throat?
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00:08:33,012 --> 00:08:35,572
(SIGHS) I've done worse
shaving my legs.
151
00:08:35,854 --> 00:08:37,788
It's probably a small
knife or scissors.
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00:08:37,770 --> 00:08:40,398
You want to take a
flyer on how she died?
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00:08:40,358 --> 00:08:42,019
Suffocation, possibly.
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00:08:43,105 --> 00:08:47,007
There was petechial spotting on the
outer lining of her heart and lungs.
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That and a confession
gets you cause of death.
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00:08:48,887 --> 00:08:51,082
We assumed there's
a sexual angle.
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00:08:51,059 --> 00:08:53,391
No, I checked all
three ports of entry.
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00:08:53,358 --> 00:08:55,758
No fluids, but the
cervix was bruised.
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00:08:55,914 --> 00:08:57,575
Same timeframe as her death?
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00:08:57,575 --> 00:09:00,738
I'd say during.
That's the whole point, isn't it?
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00:09:01,056 --> 00:09:03,820
Raping her while she's
in the throes of death?
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00:09:03,803 --> 00:09:05,430
It's not the same MO.
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00:09:05,432 --> 00:09:06,456
(JACK SIGHS)
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00:09:06,486 --> 00:09:09,011
A young woman
raped in her own bed
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00:09:08,978 --> 00:09:11,105
in the middle of
the day at knifepoint.
166
00:09:11,789 --> 00:09:14,519
There's no evidence Darnell ever
tried to kill any of his victims.
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00:09:14,472 --> 00:09:18,533
(SIGHS) Maybe 18 years in prison
taught him not to leave any witnesses.
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00:09:18,433 --> 00:09:21,766
And to leave his pillowcase at home?
Wasn't that his fetish?
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00:09:21,690 --> 00:09:23,716
He found a new one. Death.
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00:09:24,981 --> 00:09:26,881
I want him investigated.
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00:09:26,866 --> 00:09:28,231
In the six weeks he's been out,
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he's made all his meetings with his
parole officer every morning at 8:00.
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00:09:31,273 --> 00:09:33,537
He cuts sheet metal in the
village from 9:00 to 6:00.
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00:09:33,509 --> 00:09:35,740
His PO says he's got a
perfect attendance record.
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00:09:35,714 --> 00:09:38,342
He lives on West 50th with his
daughter and her two kids.
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00:09:38,301 --> 00:09:40,701
His PO checks in with him
every night at 7:00.
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00:09:40,665 --> 00:09:42,929
Have you talked to his boss yet?
Not yet.
178
00:09:42,901 --> 00:09:46,428
We're still checking on a few other
mutts in the victim's neighborhood.
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00:09:46,350 --> 00:09:48,011
McCoy thinks
Darnell's a hot lead.
180
00:09:48,010 --> 00:09:50,241
Yeah, well, maybe the victim
profile's on the money,
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00:09:50,216 --> 00:09:51,240
but from what I know,
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00:09:51,270 --> 00:09:54,137
these deviants find something that
gets them off, like a pillowcase,
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00:09:54,080 --> 00:09:55,342
they usually stick with it.
184
00:09:55,358 --> 00:09:58,191
Besides, the perp would have to
know that building to get in,
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00:09:58,137 --> 00:09:59,764
and Darnell grew up in Ohio,
186
00:09:59,765 --> 00:10:02,633
and there's no record of him ever having
lived in that building as an adult.
187
00:10:02,578 --> 00:10:07,242
Except that 20 years ago, he committed
two rapes within five blocks of there.
188
00:10:07,464 --> 00:10:09,898
I guess we're talking
to his boss, huh?
189
00:10:09,859 --> 00:10:13,727
I've got five parolees working
for me, including my fianc�e.
190
00:10:13,692 --> 00:10:14,818
The blonde file clerk?
191
00:10:14,842 --> 00:10:18,279
Yeah. Twelve months in Bedford
for passing bad checks.
192
00:10:18,484 --> 00:10:20,076
The heart wants what it wants.
193
00:10:20,082 --> 00:10:21,515
Yeah, I guess if you're
gonna get cleaned out,
194
00:10:21,518 --> 00:10:23,110
it might as well
be by a pro, huh?
195
00:10:23,115 --> 00:10:25,675
So, is Lewis Darnell
invited to the wedding?
196
00:10:25,638 --> 00:10:29,200
He's here six weeks.
Not a big social mixer,
197
00:10:29,121 --> 00:10:30,679
but he's polite, he's helpful.
198
00:10:30,814 --> 00:10:32,145
So he can be an usher.
199
00:10:32,155 --> 00:10:34,282
Was he here all day on Wednesday?
Uh-huh.
200
00:10:34,487 --> 00:10:35,920
Except for lunch.
201
00:10:35,924 --> 00:10:38,586
The guys usually go down the
street to Feldman's Delicatessen.
202
00:10:38,544 --> 00:10:39,568
BRISCOE: What time was that?
203
00:10:39,598 --> 00:10:41,498
We knock off
12:00 to 1:00.
204
00:10:41,482 --> 00:10:44,782
But Wednesday, Darnell said he had
to run an errand for his daughter.
205
00:10:44,708 --> 00:10:46,903
Came back about
20 minutes late.
206
00:10:46,880 --> 00:10:49,872
Oh, that poor girl!
It's so dangerous here.
207
00:10:49,819 --> 00:10:51,753
Look at my locks.
You think they're any good?
208
00:10:51,735 --> 00:10:54,363
Yeah, they're fine. Please, ma'am, if
you could just look at these pictures.
209
00:10:54,323 --> 00:10:55,416
I've got a chain, too.
210
00:10:55,442 --> 00:10:57,410
Maybe I should get a dog.
What do you think?
211
00:10:57,390 --> 00:11:00,985
I think you should tell me if you
saw any of these men on Wednesday.
212
00:11:00,903 --> 00:11:02,165
No, I've never seen them.
213
00:11:02,181 --> 00:11:04,945
How about for windows?
What do you recommend?
214
00:11:04,896 --> 00:11:06,454
(CLEARS THROAT) Moving.
CURTIS: Look at each picture.
215
00:11:06,461 --> 00:11:08,362
YOUNG MOTHER:
No, I didn't see them.
216
00:11:08,410 --> 00:11:10,241
Did one of them
kill Teresa Perez?
217
00:11:10,230 --> 00:11:11,595
We don't know.
218
00:11:11,891 --> 00:11:14,951
She was nice.
I saw her that day in the basement.
219
00:11:14,894 --> 00:11:16,623
She was folding her laundry.
220
00:11:16,619 --> 00:11:20,350
She was sick, but she helped me
put my clothes in the dryer.
221
00:11:20,387 --> 00:11:21,719
(EXCLAIMS) It's so sad.
222
00:11:21,730 --> 00:11:23,630
Yeah, it is.
Okay, thanks.
223
00:11:24,828 --> 00:11:27,763
(SIGHS) Wrong MO, no eyewitness,
and no murder weapon.
224
00:11:27,958 --> 00:11:29,289
This gets better all the time.
225
00:11:29,299 --> 00:11:32,735
The laundry in the girl's room,
did it look folded to you?
226
00:11:32,653 --> 00:11:35,350
What, the stuff in
the garbage bag? No.
227
00:11:38,499 --> 00:11:40,990
There's nothing remarkable
about the laundry itself.
228
00:11:40,958 --> 00:11:43,449
But I can tell you what brand
of fabric softener they use.
229
00:11:43,418 --> 00:11:44,817
Pass.
We're thinking the perp
230
00:11:44,823 --> 00:11:46,688
might've handled
the garbage bag.
231
00:11:46,676 --> 00:11:49,237
Latent found only
the victim's prints on it.
232
00:11:49,200 --> 00:11:53,102
But I noticed what looked like the
imprint of an ear in the plastic.
233
00:11:53,000 --> 00:11:56,731
I side-lit the bag to highlight any
indentations and took a photo.
234
00:11:56,642 --> 00:11:58,542
Want to dim the lights?
235
00:12:03,637 --> 00:12:05,502
Here's what showed up.
236
00:12:06,576 --> 00:12:10,205
I compared this image to the
autopsy photo of your victim.
237
00:12:12,772 --> 00:12:14,000
They match.
238
00:12:14,019 --> 00:12:15,748
Her face made an
impression on the bag
239
00:12:15,743 --> 00:12:17,574
while she was being suffocated.
240
00:12:17,564 --> 00:12:21,193
Looks like Darnell found a
bigger thrill than pillowcases.
241
00:12:27,275 --> 00:12:28,674
It still doesn't
prove anything.
242
00:12:28,681 --> 00:12:32,048
Unless we can put him in her
building, we're nowhere.
243
00:12:31,971 --> 00:12:33,029
What about his alibi?
244
00:12:33,056 --> 00:12:36,082
Well, the guy at the deli remembers
him getting a sandwich to go.
245
00:12:36,026 --> 00:12:38,290
Leaves him just over
an hour unaccounted for.
246
00:12:38,262 --> 00:12:40,595
Enough time to get to the
Perez place and back.
247
00:12:40,563 --> 00:12:45,091
Depends what his daughter says about
this so-called errand he did for her.
248
00:12:45,642 --> 00:12:47,041
Let me know.
249
00:12:49,219 --> 00:12:50,277
(MACHINE WHIRRING)
250
00:12:50,304 --> 00:12:52,499
JANEANE: Dad picked up some
clippers I brought in to get fixed.
251
00:12:52,476 --> 00:12:53,774
There's a repair
shop near his work.
252
00:12:53,787 --> 00:12:54,947
Can't be that close.
253
00:12:54,969 --> 00:12:58,496
His supervisor says he was 20
minutes late getting back.
254
00:12:58,451 --> 00:12:59,713
So maybe he had to wait.
255
00:12:59,728 --> 00:13:02,993
Clipper repair, that's a
tax-deductible expense, right?
256
00:13:02,922 --> 00:13:05,220
Yeah.
So you have the receipt?
257
00:13:06,947 --> 00:13:08,938
Is there some problem with his
parole 'cause he was late?
258
00:13:08,928 --> 00:13:11,897
Oh, we don't get out of bed
for parole violations.
259
00:13:11,834 --> 00:13:13,529
See, Wednesday,
a young girl was raped
260
00:13:13,527 --> 00:13:16,325
and murdered on
the Lower East Side.
261
00:13:18,254 --> 00:13:21,782
And naturally you thought of my father.
He's not a murderer.
262
00:13:21,704 --> 00:13:23,501
He happens to be
a convicted rapist.
263
00:13:23,493 --> 00:13:25,256
Those are all lies.
264
00:13:25,409 --> 00:13:27,400
If you could see him with
my kids, you would realize
265
00:13:27,390 --> 00:13:28,789
that he's not that kind of man.
266
00:13:28,795 --> 00:13:31,787
Miss, you want to
look for the receipt?
267
00:13:33,970 --> 00:13:37,872
Cute photos. Who's this?
268
00:13:39,432 --> 00:13:42,799
That's my father, when he
was seven, with my grandma.
269
00:13:43,105 --> 00:13:44,936
He reminds me of my little boy.
270
00:13:44,925 --> 00:13:47,656
Lennie, the statue
in the background.
271
00:13:47,609 --> 00:13:48,940
Looks like Union Square.
272
00:13:49,686 --> 00:13:52,917
Was this taken in New York?
I don't know.
273
00:13:54,381 --> 00:13:58,750
Here it is. Right there.
The date, it's Wednesday.
274
00:13:59,843 --> 00:14:02,744
There's no time stamped on it.
He could've gone there after work.
275
00:14:02,686 --> 00:14:04,313
My father doesn't
get off work till 6:00.
276
00:14:04,315 --> 00:14:06,408
The repair shop closes
at 5:00, all right?
277
00:14:06,390 --> 00:14:09,655
Now, I've got customers waiting, okay?
Do you mind?
278
00:14:13,291 --> 00:14:17,057
Go to prison and win your daughter's
undying love. If only I'd known.
279
00:14:16,964 --> 00:14:18,090
So what do you
make of that picture?
280
00:14:18,114 --> 00:14:20,105
Darnell's file has
him growing up in Ohio.
281
00:14:20,094 --> 00:14:21,925
He's got a juvie record there.
282
00:14:21,946 --> 00:14:23,846
Well, where was he
before he got a record?
283
00:14:23,831 --> 00:14:26,061
Lewis Darnell, the lost years.
284
00:14:28,048 --> 00:14:29,743
BRISCOE: Darnell's mother
was a war widow.
285
00:14:29,740 --> 00:14:31,970
She wasn't in any of
the old city directories,
286
00:14:31,945 --> 00:14:36,245
but Uncle Sam sent her GI survivor
benefits until she remarried in 1953
287
00:14:36,129 --> 00:14:37,221
and moved to Ohio.
288
00:14:37,247 --> 00:14:39,442
Until then, she shared
an apartment with her sister.
289
00:14:39,420 --> 00:14:41,445
In the building
next to Teresa Perez.
290
00:14:41,432 --> 00:14:44,924
What does Judge Richler say about
a search warrant for Darnell?
291
00:14:44,849 --> 00:14:47,511
He turned us down.
Darnell's connection to the building
292
00:14:47,468 --> 00:14:50,062
wasn't compelling enough
to support probable cause.
293
00:14:50,023 --> 00:14:51,923
He wants to know
how many other rapists
294
00:14:51,908 --> 00:14:54,469
lived in the building
in the last 50 years.
295
00:14:54,432 --> 00:14:57,128
JACK: Can't Darnell's parole
officer order a search?
296
00:14:57,083 --> 00:14:59,313
We can always ask.
Get on it.
297
00:14:59,798 --> 00:15:03,063
And I want him examined for
scratches and bite marks.
298
00:15:02,992 --> 00:15:05,722
If we're lucky, the
girl put up a fight.
299
00:15:05,963 --> 00:15:08,261
Do I look like
Sandra Day O'Connor?
300
00:15:08,231 --> 00:15:11,325
A judge already dinged the search warrant.
I can't overrule that.
301
00:15:11,265 --> 00:15:12,960
Maybe, if you'd
have come to me first.
302
00:15:12,958 --> 00:15:15,984
Hey, isn't busting your parolees'
chops part of your job?
303
00:15:15,929 --> 00:15:17,988
Unfortunately, only for cause.
304
00:15:17,973 --> 00:15:19,669
The judge said there isn't any.
305
00:15:19,763 --> 00:15:20,957
Should've talked to me first.
306
00:15:20,976 --> 00:15:24,173
See, I told you, Lennie.
It was a mistake listening to Ross.
307
00:15:24,106 --> 00:15:25,198
Who's that?
308
00:15:25,224 --> 00:15:27,954
Ah, she's an A.D.A.
, doesn't know her ass from her elbow.
309
00:15:27,907 --> 00:15:30,341
She's the one who had the bright
idea to take it to a judge.
310
00:15:30,303 --> 00:15:33,000
Yeah. I tried to tell her
there was a better way,
311
00:15:32,954 --> 00:15:35,787
but you know how
these pushy career women are.
312
00:15:35,733 --> 00:15:39,567
Yep. I work for one.
Look, I'd really like to help you guys.
313
00:15:39,693 --> 00:15:40,990
You know, I just
thought of something.
314
00:15:41,004 --> 00:15:43,268
Can you pull Darnell
in for a physical exam?
315
00:15:43,239 --> 00:15:47,574
Sure, if I suspect drug use.
Should I suspect drug use?
316
00:15:48,766 --> 00:15:50,131
Absolutely.
317
00:15:50,362 --> 00:15:52,830
MUNRO: I don't need
you to agree, Lewis.
318
00:15:52,790 --> 00:15:54,587
Drug use is a violation
of your parole.
319
00:15:54,578 --> 00:15:57,513
You are required to
submit to an examination.
320
00:15:57,485 --> 00:16:00,284
Fine. I'll pee in a cup
and I'll get out of here.
321
00:16:00,233 --> 00:16:02,360
After the doctor checks
you for needle marks.
322
00:16:02,340 --> 00:16:04,865
If you refuse, I'll violate
you right back to prison.
323
00:16:04,832 --> 00:16:08,268
He says the word, you're on
the next bus to Sing Sing.
324
00:16:17,418 --> 00:16:19,852
He had some minor cuts on
his hands and forearms,
325
00:16:19,813 --> 00:16:22,680
but that's normal for someone
who works with sheet metal.
326
00:16:22,623 --> 00:16:26,151
Other than that, there were no
scratches, nail gouges or bite marks.
327
00:16:26,074 --> 00:16:28,736
Bruises? Nothing consistent
with a struggle.
328
00:16:28,693 --> 00:16:31,992
But this bird has some peculiar habits.
Like what?
329
00:16:32,206 --> 00:16:34,265
Mr. Darnell has
no body hair.
330
00:16:34,251 --> 00:16:36,515
He told me he shaves it
for personal hygiene.
331
00:16:36,486 --> 00:16:38,478
Said it was a habit
he picked up in prison.
332
00:16:38,467 --> 00:16:40,697
Explains why we didn't find
any of his hair on the girl.
333
00:16:40,671 --> 00:16:44,732
Hey, if rape was my business, I'd
shave before going to work, too.
334
00:16:44,728 --> 00:16:48,858
Sounds like Mr. Darnell just gave
you cause to search his premises.
335
00:16:50,509 --> 00:16:51,670
(BRISCOE EXCLAIMS)
336
00:16:51,692 --> 00:16:53,626
Here you go, pal.
Go see Mommy. Thank you.
337
00:16:53,608 --> 00:16:55,542
Come here, Jared.
Come here, sweetie.
338
00:16:55,524 --> 00:16:57,685
Tami, can you take them over
to your place for a second?
339
00:16:57,665 --> 00:17:01,499
Sure. Let's go, kids.
We can watch cartoons at my place, okay?
340
00:17:03,350 --> 00:17:04,612
You've got no right to do this.
341
00:17:04,627 --> 00:17:05,686
Take it up with him.
342
00:17:05,714 --> 00:17:08,205
Uh, Detective. I found these
in a cupboard under the sink.
343
00:17:08,173 --> 00:17:09,333
A few pair missing.
344
00:17:09,356 --> 00:17:10,823
What? I use those
to color hair!
345
00:17:10,825 --> 00:17:13,885
What's the hair salon for,
coffee klatches? Bag it.
346
00:17:13,827 --> 00:17:18,161
Hey, Lennie, in here.
No trophies from the Perez girl,
347
00:17:19,385 --> 00:17:22,821
but I found his stroke material.
Check out the titles.
348
00:17:23,538 --> 00:17:27,804
"Of Female Bondage," "Get
On the Bitch," "Erase Her."
349
00:17:27,818 --> 00:17:31,653
Yeah, and in case his VCR is on
the fritz, he's got magazines.
350
00:17:32,290 --> 00:17:34,588
Page after page of rape scenes.
351
00:17:35,389 --> 00:17:37,721
So much for 18
years of therapy.
352
00:17:38,071 --> 00:17:42,474
What can I say? Some people like
vanilla, I like rocky road.
353
00:17:42,734 --> 00:17:45,329
Yeah. I look at pictures of
ice cream, I get hungry.
354
00:17:45,290 --> 00:17:47,656
Do these make
you hungry, Lewis?
355
00:17:51,966 --> 00:17:53,058
(DOOR CLOSING)
356
00:17:54,169 --> 00:17:56,967
I learned in therapy
to control my urges.
357
00:17:57,812 --> 00:18:01,805
This material helps me
relieve the pressure
358
00:18:01,709 --> 00:18:03,973
so it won't preoccupy my thoughts.
359
00:18:04,136 --> 00:18:07,401
What you learned is a fancy way
to blow smoke up our ass, Lewis.
360
00:18:07,330 --> 00:18:11,324
I have myself under control.
I see a state shrink every week.
361
00:18:11,451 --> 00:18:15,444
Yeah? You tell him how you did that
Kojak number on your privates?
362
00:18:15,347 --> 00:18:16,405
That's about hygiene.
363
00:18:16,434 --> 00:18:19,961
It's about two body hairs found
in Deborah Rourke's bed.
364
00:18:20,937 --> 00:18:23,929
That's what got you
convicted the first time.
365
00:18:24,388 --> 00:18:26,549
So you didn't want to
make that mistake again.
366
00:18:26,528 --> 00:18:29,793
That's a long time ago.
I want to talk about today.
367
00:18:30,424 --> 00:18:34,417
I'm not under arrest,
but here I am.
368
00:18:34,321 --> 00:18:35,720
You're detaining me illegally.
369
00:18:35,886 --> 00:18:39,618
You're being detained at the
request of your parole officer.
370
00:18:40,007 --> 00:18:41,406
This is one hell of a system.
371
00:18:41,412 --> 00:18:44,677
Well, it wasn't designed
for your enjoyment, Lewis.
372
00:18:44,862 --> 00:18:48,127
You ever wear disposable gloves?
DARNELL: No.
373
00:18:48,663 --> 00:18:50,655
You sure? 'Cause
your prints were found
374
00:18:50,644 --> 00:18:52,635
on a box of gloves
in your kitchen.
375
00:18:52,624 --> 00:18:53,921
Perhaps I had to move it.
376
00:18:53,934 --> 00:18:56,801
What about your silver
penknife, where's that?
377
00:18:56,744 --> 00:18:57,733
I never had a penknife.
378
00:18:57,766 --> 00:18:59,028
Somebody saw you
with it at work.
379
00:18:59,044 --> 00:19:00,773
It's not in your locker,
it's not at home.
380
00:19:00,769 --> 00:19:03,499
I never owned one.
Anything else? Yeah.
381
00:19:05,848 --> 00:19:07,839
Teresa Perez.
Who?
382
00:19:08,052 --> 00:19:10,486
You'd know her better as the
girl you raped and murdered
383
00:19:10,448 --> 00:19:12,177
last Wednesday on
your lunch break.
384
00:19:12,173 --> 00:19:15,108
I did no such thing.
I was running errands.
385
00:19:15,047 --> 00:19:17,278
We know. You got a sandwich and
you picked up the clippers.
386
00:19:17,252 --> 00:19:19,243
What'd you do with
the rest of the time?
387
00:19:19,232 --> 00:19:20,995
I walked and I ate.
388
00:19:21,085 --> 00:19:23,110
Write down where you went.
389
00:19:26,227 --> 00:19:27,854
I don't remember.
390
00:19:28,048 --> 00:19:31,541
Ever been to 122A
East 11th Street?
391
00:19:31,466 --> 00:19:32,524
Doesn't ring a bell.
392
00:19:33,446 --> 00:19:37,542
Are you sure? It's next door to where Ms.
Perez lived.
393
00:19:38,173 --> 00:19:39,504
No, sorry.
394
00:19:39,707 --> 00:19:41,504
You never went
down to the basement?
395
00:19:41,495 --> 00:19:42,894
(BREATHING DEEPLY) No.
396
00:19:43,445 --> 00:19:45,640
Not even when you were seven?
397
00:19:47,788 --> 00:19:50,348
I don't have a clear
memory of my childhood.
398
00:19:50,311 --> 00:19:54,111
So you don't remember climbing
through a hole in that basement?
399
00:19:54,016 --> 00:19:57,077
DARNELL: No. But you do
remember that basement, right?
400
00:19:57,530 --> 00:19:59,361
I don't want to talk anymore.
401
00:19:59,351 --> 00:20:00,909
It's not up for a vote.
402
00:20:00,948 --> 00:20:04,440
If you had anything on me, I'd
be under arrest right now.
403
00:20:04,366 --> 00:20:06,664
I don't care if you violate
me, I'm going home.
404
00:20:06,634 --> 00:20:08,431
Sit down.
JACK: Detective.
405
00:20:16,472 --> 00:20:17,939
Now arrest him!
406
00:20:17,942 --> 00:20:20,968
Hey, hump, you're in.
You just violated your parole.
407
00:20:20,912 --> 00:20:22,174
CURTIS: You have the
right to remain silent.
408
00:20:22,189 --> 00:20:25,648
Anything you say can and will be
used against you in a court of law.
409
00:20:27,939 --> 00:20:32,376
I can stall a hearing on his parole
violation for 90 days, but that's it.
410
00:20:32,667 --> 00:20:34,794
What are his chances at the hearing?
411
00:20:34,775 --> 00:20:37,404
Well, he was late for work and he
walked out of a police interview.
412
00:20:37,362 --> 00:20:40,354
In the world of parolees, gets
him the good citizen's award.
413
00:20:40,301 --> 00:20:43,828
Mr. Munro, I'd like to know
we're on the same page here.
414
00:20:44,836 --> 00:20:46,997
The object is to
keep him behind bars
415
00:20:46,976 --> 00:20:49,342
until we can make a
murder case against him.
416
00:20:49,308 --> 00:20:50,776
I'll talk to
the hearing officer,
417
00:20:50,778 --> 00:20:52,473
I'll show him your
file on the Perez girl,
418
00:20:52,471 --> 00:20:54,666
but I can't promise anything.
419
00:20:55,857 --> 00:20:58,519
ROSS: Sounds like Darnell can start
planning his welcome home party.
420
00:20:58,476 --> 00:21:00,637
It's three months he
won't be on the hunt.
421
00:21:00,615 --> 00:21:02,880
Mr. McCoy?
This just came by messenger.
422
00:21:05,152 --> 00:21:07,780
Darnell filed a writ
of habeas corpus.
423
00:21:10,773 --> 00:21:13,742
Mr. Darnell's parole officer
signed off on his arrest.
424
00:21:13,680 --> 00:21:17,549
With a 400-pound gorilla named Jack
McCoy breathing down his neck.
425
00:21:17,450 --> 00:21:19,441
Your Honor, these
Mickey Mouse violations
426
00:21:19,430 --> 00:21:21,523
are a pretext to
keep my client in prison
427
00:21:21,506 --> 00:21:23,201
while Mr. McCoy
investigates a crime
428
00:21:23,199 --> 00:21:24,791
totally unrelated
to his parole.
429
00:21:24,796 --> 00:21:25,785
What crime is that?
430
00:21:25,818 --> 00:21:28,810
A brutal rape and murder committed with Mr.
Darnell's signature on it.
431
00:21:28,756 --> 00:21:30,281
It must've been in
disappearing ink.
432
00:21:30,290 --> 00:21:31,780
There's no evidence
he was involved.
433
00:21:31,791 --> 00:21:33,452
That's immaterial.
434
00:21:33,580 --> 00:21:36,640
His parole conditions require him
to cooperate with the authorities.
435
00:21:36,582 --> 00:21:38,482
GRANICK: He consented
to a physical exam.
436
00:21:38,467 --> 00:21:40,230
He consented to
an interrogation.
437
00:21:40,224 --> 00:21:42,887
He tried to leave.
After two hours of questioning.
438
00:21:42,844 --> 00:21:44,368
It does seem unreasonable, Mr.
McCoy.
439
00:21:44,377 --> 00:21:46,641
Your Honor, that's for a
parole hearing to determine.
440
00:21:46,612 --> 00:21:49,672
With all due respect, he doesn't
have a remedy in this court.
441
00:21:49,615 --> 00:21:52,345
He does, Your Honor, if
the detention is illegal.
442
00:21:52,298 --> 00:21:56,463
I agree. Mr. McCoy, I don't see a
significant parole violation here.
443
00:21:56,739 --> 00:21:59,230
I'm ordering
Mr. Darnell's release.
444
00:22:00,124 --> 00:22:01,250
Isn't it heartening?
445
00:22:01,274 --> 00:22:04,243
Even the rights of a disturbed
serial rapist are protected.
446
00:22:04,180 --> 00:22:05,943
How disturbed is he?
447
00:22:07,055 --> 00:22:10,719
There is a procedure for committing
dangerous people against their will.
448
00:22:10,633 --> 00:22:12,863
Maybe we've just been
in the wrong court.
449
00:22:12,837 --> 00:22:15,431
I've read the mental
hygiene law, Your Honor.
450
00:22:15,393 --> 00:22:17,554
There's no way my client
qualifies for commitment.
451
00:22:17,532 --> 00:22:20,092
He's a diagnosed serial rapist.
He's a danger to others.
452
00:22:20,055 --> 00:22:22,251
You don't even have standing
to make this application.
453
00:22:22,228 --> 00:22:24,753
Mr. Darnell's state-appointed
therapist does.
454
00:22:24,720 --> 00:22:27,416
Your Honor, he's trying
to use a civil statute
455
00:22:27,370 --> 00:22:29,304
to impose criminal
sanctions on my client.
456
00:22:29,287 --> 00:22:31,255
It's outrageous.
I'm within the letter of the law.
457
00:22:31,236 --> 00:22:33,727
No. Maybe within
the spirit, Mr. McCoy.
458
00:22:33,695 --> 00:22:35,561
Now, I'll hear arguments
Thursday morning.
459
00:22:35,548 --> 00:22:38,278
Mr. Darnell is scheduled for release
from Rikers this afternoon.
460
00:22:38,231 --> 00:22:40,665
I want him held for observation
until the hearing.
461
00:22:40,626 --> 00:22:44,357
That's fine with me.
Have the papers on my desk after lunch.
462
00:22:46,664 --> 00:22:49,065
I don't see
a problem, Elizabeth.
463
00:22:49,188 --> 00:22:51,850
His own therapist has agreed
to support the application.
464
00:22:51,807 --> 00:22:54,708
A therapist with 300
court-ordered clients.
465
00:22:54,681 --> 00:22:57,206
I doubt he could even pick
Darnell out of a lineup,
466
00:22:57,172 --> 00:23:00,198
and I doubt it ever occurred to him to have
him committed until you brought it up.
467
00:23:00,142 --> 00:23:03,078
Darnell rapes and kills.
Isn't that a sign something's wrong with him?
468
00:23:03,018 --> 00:23:04,508
Like it or not, his abnormality
469
00:23:04,520 --> 00:23:06,715
is not a recognized
mental illness.
470
00:23:06,692 --> 00:23:09,354
If you want to commit him, petition
the American Psychiatric Association,
471
00:23:09,311 --> 00:23:11,973
not a judge.
We're not reinventing the wheel here.
472
00:23:11,930 --> 00:23:14,592
Six states have laws
to commit sexual predators.
473
00:23:14,549 --> 00:23:17,610
And they're all being appealed
to the Supreme Court.
474
00:23:17,552 --> 00:23:21,648
Until the nine Supremes rule otherwise,
I'm having Darnell locked up.
475
00:23:21,544 --> 00:23:23,808
The same way the Soviets
filled the gulag.
476
00:23:23,780 --> 00:23:26,146
It's using psychiatry
to punish people.
477
00:23:26,112 --> 00:23:28,138
(EXCLAIMS) Hey!
It's legally brilliant.
478
00:23:28,125 --> 00:23:30,389
Bound to be a hit
with the public.
479
00:23:30,360 --> 00:23:32,191
And you've no
business doing it.
480
00:23:32,181 --> 00:23:34,615
You're an assistant
district attorney.
481
00:23:34,864 --> 00:23:37,958
You work in criminal term.
If you can't beat them there, that's it.
482
00:23:37,899 --> 00:23:39,594
That's the end of the story.
483
00:23:39,591 --> 00:23:42,288
You don't get psychiatrists to
front for you in civil term.
484
00:23:42,244 --> 00:23:44,235
I'm leaning on the police,
but it could be months
485
00:23:44,223 --> 00:23:47,590
before we have enough evidence
for a murder conviction.
486
00:23:47,513 --> 00:23:49,743
Where do you
want him until then?
487
00:23:49,718 --> 00:23:51,515
I'm on the side
of the angels here.
488
00:23:51,506 --> 00:23:53,838
If I can stretch
the mental hygiene law,
489
00:23:53,805 --> 00:23:58,106
it's worth doing to keep him off the street!
Hopefully for good.
490
00:24:02,047 --> 00:24:03,446
After examining his file,
491
00:24:03,452 --> 00:24:08,083
I'd say Mr. Darnell has a sexual
deviation known as preferential rape.
492
00:24:08,531 --> 00:24:11,762
He'd rather rape than have
a normal sexual encounter.
493
00:24:11,694 --> 00:24:15,186
He finds the force and fear
of rape sexually exciting.
494
00:24:15,814 --> 00:24:17,076
What provokes him?
495
00:24:17,092 --> 00:24:20,357
Any number of stress
factors. Work, family,
496
00:24:20,285 --> 00:24:22,220
even waiting in line
at the grocery store.
497
00:24:23,002 --> 00:24:26,460
The pressure builds until he
feels a compulsion to rape.
498
00:24:26,386 --> 00:24:28,183
JACK: After he does,
what happens?
499
00:24:28,176 --> 00:24:31,942
The pressures start to build again
and the cycle repeats itself.
500
00:24:31,848 --> 00:24:34,477
Is his abnormality treatable?
501
00:24:34,724 --> 00:24:37,352
Drugs can decrease
his sex drive.
502
00:24:37,311 --> 00:24:39,609
His arousal can
be reconditioned.
503
00:24:39,899 --> 00:24:42,732
But left untreated, do you agree with Mr.
Darnell's therapist
504
00:24:42,677 --> 00:24:44,110
that he'll continue to rape?
505
00:24:44,114 --> 00:24:45,911
Yes. I have no doubt.
506
00:24:46,158 --> 00:24:47,490
Thank you.
507
00:24:49,736 --> 00:24:54,264
Dr. Olivet, what's the characteristic
of my client's abnormality?
508
00:24:54,464 --> 00:24:56,295
He commits sex crimes.
509
00:24:56,285 --> 00:24:59,118
So he's abnormal because
he commits crimes.
510
00:24:59,574 --> 00:25:01,907
Can't the same be said
of a thief or a mugger?
511
00:25:01,875 --> 00:25:05,402
I don't know of any reported
case of compulsive mugging.
512
00:25:05,356 --> 00:25:06,721
(LAUGHS)
513
00:25:06,730 --> 00:25:08,163
The treatments you mentioned,
514
00:25:08,167 --> 00:25:11,796
are they effective in controlling
my client's abnormality?
515
00:25:12,031 --> 00:25:14,125
Yes, to varying degrees.
516
00:25:14,109 --> 00:25:16,168
In other words,
there's no meaningful,
517
00:25:16,153 --> 00:25:19,452
long-lasting treatment
for serial rapists, is there?
518
00:25:19,762 --> 00:25:21,286
No. There's no cure,
519
00:25:21,295 --> 00:25:23,957
and there's no guarantee
that he won't re-offend.
520
00:25:25,128 --> 00:25:26,220
Thank you.
521
00:25:26,246 --> 00:25:27,771
JANEANE: Before
they got divorced,
522
00:25:27,780 --> 00:25:30,578
my mom would take me
to visit him every month,
523
00:25:31,006 --> 00:25:33,338
and then later,
when I was older,
524
00:25:33,306 --> 00:25:36,764
I would go out by myself on
the train every other week.
525
00:25:40,972 --> 00:25:44,840
I waited 18 years to get my father back.
Now, he served his sentence,
526
00:25:44,741 --> 00:25:45,867
and I don't think
they should just be able
527
00:25:45,891 --> 00:25:49,224
to take him away again for
doing absolutely nothing.
528
00:25:49,372 --> 00:25:52,500
GRANICK: Would you describe your
father as loving and supportive?
529
00:25:52,438 --> 00:25:57,809
Yes. Yeah. He always told me to stay
in school and to get good grades,
530
00:25:58,317 --> 00:26:01,980
and after my divorce he encouraged
me to start my own business,
531
00:26:01,894 --> 00:26:04,419
and you should see
him with my kids.
532
00:26:04,513 --> 00:26:08,075
He plays with them and he
reads stories to them.
533
00:26:08,538 --> 00:26:11,268
Do you feel they're safe with him?
Yes.
534
00:26:11,221 --> 00:26:14,657
Yeah, of course.
Look, my father is a very gentle man.
535
00:26:15,756 --> 00:26:17,087
Thank you.
536
00:26:22,880 --> 00:26:26,816
Ms. Darnell, did you know
that this "gentle man"
537
00:26:28,118 --> 00:26:32,748
kept violent, sexually-explicit
magazines in his room?
538
00:26:33,868 --> 00:26:37,099
Those aren't real, Mr. McCoy.
Those women are models.
539
00:26:37,030 --> 00:26:40,830
It's fantasies. You can't lock
people up for their fantasies.
540
00:26:47,348 --> 00:26:49,839
I want you to
look at these photos.
541
00:26:52,235 --> 00:26:56,899
Those wounds aren't fantasies.
Those women aren't models.
542
00:26:58,271 --> 00:26:59,637
Those are your
father's victims.
543
00:26:59,646 --> 00:27:01,136
Objection.
544
00:27:01,722 --> 00:27:05,556
JACK: Goes to credibility, Your Honor.
I'll allow it. Go on.
545
00:27:08,525 --> 00:27:10,516
My father didn't do this.
546
00:27:13,317 --> 00:27:16,411
He told his prison therapist
that he raped them.
547
00:27:17,021 --> 00:27:18,886
He admitted his guilt
to the parole board.
548
00:27:18,874 --> 00:27:22,401
Because he had to, or they
would have never let him out.
549
00:27:23,665 --> 00:27:25,132
Did he tell you that he lied?
550
00:27:25,134 --> 00:27:26,295
No. He didn't
have to tell me.
551
00:27:26,317 --> 00:27:28,012
I just know he
never raped anybody.
552
00:27:28,010 --> 00:27:30,911
JACK: Then how do you account for
the evidence used to convict him?
553
00:27:30,853 --> 00:27:31,945
(EXCLAIMS)
554
00:27:31,971 --> 00:27:34,769
I have read where people
get convicted of rape,
555
00:27:34,717 --> 00:27:37,652
and then years later
they're found innocent.
556
00:27:38,103 --> 00:27:41,699
Experts make mistakes,
Mr. McCoy. Witnesses lie.
557
00:27:42,096 --> 00:27:44,997
Yes, Ms. Darnell,
and they can be deceived.
558
00:27:48,228 --> 00:27:52,494
The whole time in prison.
I conducted myself in a responsible way.
559
00:27:53,276 --> 00:27:56,245
That's why I was recommended
for early parole.
560
00:27:56,183 --> 00:27:57,241
While you were in prison,
561
00:27:57,268 --> 00:28:00,328
were you ever hospitalized
for psychiatric reasons?
562
00:28:00,271 --> 00:28:02,899
DARNELL: No, sir. GRANICK: Did you
receive any kind of counseling?
563
00:28:02,858 --> 00:28:05,452
I volunteered
for group therapy.
564
00:28:05,414 --> 00:28:07,383
To change my
attitudes toward women
565
00:28:08,449 --> 00:28:13,182
and to learn how to express
emotions in constructive ways.
566
00:28:13,623 --> 00:28:16,057
Did you achieve those goals?
Yes.
567
00:28:17,296 --> 00:28:21,563
Your Honor, I spent
18 years in prison
568
00:28:22,759 --> 00:28:26,752
because Mr. McCoy said I had
a debt to pay to society.
569
00:28:28,475 --> 00:28:32,742
Well, I paid that debt.
I shouldn't have to pay it again.
570
00:28:34,545 --> 00:28:36,206
No more questions.
571
00:28:40,007 --> 00:28:41,804
Mr. Darnell,
when was the last time
572
00:28:41,795 --> 00:28:44,320
you had consensual
sex with a woman?
573
00:28:45,789 --> 00:28:47,689
I don't know.
JACK: Oh, come on.
574
00:28:48,696 --> 00:28:52,154
You were released from prison
more than two months ago.
575
00:28:52,592 --> 00:28:57,120
By your own admission, you're
now a healthy, normal male.
576
00:28:59,620 --> 00:29:02,418
The opportunity must've
presented itself.
577
00:29:03,931 --> 00:29:05,398
Yes, I had sex.
578
00:29:05,401 --> 00:29:07,494
Really? Who with?
579
00:29:08,786 --> 00:29:09,775
I don't know her name.
580
00:29:09,809 --> 00:29:12,745
JACK: Did she help you act
out your rape fantasies?
581
00:29:12,748 --> 00:29:15,945
DARNELL: No, sir.
Did she charge extra for the pillow case?
582
00:29:15,879 --> 00:29:17,744
Objection.
JACK: Withdrawn.
583
00:29:19,934 --> 00:29:23,301
Mr. Darnell, the truth is, you
haven't changed at all, have you?
584
00:29:23,224 --> 00:29:25,216
No, I have changed.
How?
585
00:29:25,461 --> 00:29:27,986
You still have fantasies
about rape, don't you?
586
00:29:27,952 --> 00:29:30,079
That's just in my head.
So,
587
00:29:30,795 --> 00:29:33,662
you think about it constantly?
No, sir.
588
00:29:33,830 --> 00:29:36,321
But you still have
the urge to rape.
589
00:29:36,289 --> 00:29:39,691
I am not interested
in raping anyone!
590
00:29:39,611 --> 00:29:41,374
In prison, I learned
to control myself.
591
00:29:41,528 --> 00:29:44,895
In prison there were no women
available, were there?
592
00:29:44,849 --> 00:29:46,680
I'm controlling
myself out here, too.
593
00:29:46,670 --> 00:29:49,070
By sheer force of will?
Yes.
594
00:29:49,033 --> 00:29:50,330
That works for you,
595
00:29:50,343 --> 00:29:53,245
despite all the medical
evidence to the contrary?
596
00:29:54,017 --> 00:29:55,006
Yes.
597
00:29:55,039 --> 00:30:00,306
Even though you still are turned
on by depictions of rape?
598
00:30:01,204 --> 00:30:05,539
Yes. Despite your
history of 13 rapes?
599
00:30:06,921 --> 00:30:08,855
Despite being
investigated for the rape
600
00:30:08,838 --> 00:30:11,636
and murder of Teresa
Perez two weeks ago?
601
00:30:11,585 --> 00:30:12,813
I had nothing to do with that.
602
00:30:12,830 --> 00:30:17,597
You're saying that you can control
yourself for the rest of your life?
603
00:30:17,494 --> 00:30:19,292
That's what I'm saying.
You're lying.
604
00:30:19,283 --> 00:30:20,272
Objection.
605
00:30:20,305 --> 00:30:25,208
You lied to the parole board, you
lied to your prison psychiatrist,
606
00:30:25,065 --> 00:30:26,589
you even lied to
your own daughter.
607
00:30:26,597 --> 00:30:28,394
Sustained, Mr. McCoy.
608
00:30:28,386 --> 00:30:31,720
You want me locked up because
of something I might do.
609
00:30:31,645 --> 00:30:34,273
You can't do that!
It isn't right!
610
00:30:34,775 --> 00:30:37,938
You roaming the streets
isn't right, Mr. Darnell.
611
00:30:37,938 --> 00:30:39,269
Mr. McCoy!
612
00:30:40,780 --> 00:30:44,045
Withdrawn. I'm through
with this witness.
613
00:30:53,365 --> 00:30:57,096
Even if we grant that Mr.
Darnell is a serial rapist
614
00:30:57,006 --> 00:30:59,441
and suffers from
a compulsion to rape,
615
00:30:59,403 --> 00:31:01,701
Mr. McCoy still has no
right to lock him up.
616
00:31:01,670 --> 00:31:04,002
I don't understand,
Mr. Granick.
617
00:31:04,194 --> 00:31:07,288
Mr. McCoy has
a medical justification,
618
00:31:07,228 --> 00:31:09,128
and he can prove
a continuing threat.
619
00:31:09,911 --> 00:31:12,745
Isn't that what the mental
hygiene law envisions?
620
00:31:12,690 --> 00:31:16,524
The statute mandates commitment
for the purpose of treatment
621
00:31:16,651 --> 00:31:19,449
with the expectation
of eventual release.
622
00:31:19,813 --> 00:31:21,337
The people's own
witnesses concede
623
00:31:21,346 --> 00:31:24,077
there is no cure
for serial rapists.
624
00:31:24,062 --> 00:31:27,862
Mr. McCoy is seeking indefinite
confinement for my client.
625
00:31:27,863 --> 00:31:30,331
That's a gross violation of the
Eighth Amendment prohibition
626
00:31:30,290 --> 00:31:31,689
against cruel and
unusual punishment.
627
00:31:31,696 --> 00:31:33,926
If he's dangerous
and incurable,
628
00:31:33,900 --> 00:31:35,390
all the more reason
to commit him.
629
00:31:35,401 --> 00:31:37,028
Commit him because
he can't be cured.
630
00:31:37,030 --> 00:31:39,591
He can't be cured,
so don't commit him.
631
00:31:39,554 --> 00:31:41,146
This is a catch-22,
gentlemen.
632
00:31:41,151 --> 00:31:44,587
It's Mr. McCoy looking for a second
bite at the confinement apple.
633
00:31:44,505 --> 00:31:46,996
Mr. Darnell has already
served his time in prison.
634
00:31:46,964 --> 00:31:49,091
Your Honor, the mental
hygiene law can be applied
635
00:31:49,072 --> 00:31:51,769
as broadly or as
narrowly as you see fit.
636
00:31:51,724 --> 00:31:55,524
We have a chance here to take a
serial rapist off the street,
637
00:31:55,812 --> 00:31:59,714
to offer him some measure of
treatment, and to protect society.
638
00:31:59,613 --> 00:32:01,774
Your Honor, if you
grant this application,
639
00:32:01,753 --> 00:32:03,881
it will not stop
at serial rapists.
640
00:32:03,862 --> 00:32:06,023
Anybody that they can't
convict in criminal court,
641
00:32:06,001 --> 00:32:07,127
they'll ship off to Bellevue.
642
00:32:07,152 --> 00:32:10,144
JACK: There's no slippery slope here, Your Honor.
This is sui generis.
643
00:32:10,090 --> 00:32:13,253
Mr. Darnell is an exceptional
and egregious case.
644
00:32:13,444 --> 00:32:14,570
JUDGE McLELLAN:
Thank you, Counselors.
645
00:32:14,594 --> 00:32:16,186
I'll certainly consider
your arguments
646
00:32:16,190 --> 00:32:18,386
and render a decision
when we reconvene.
647
00:32:18,363 --> 00:32:20,763
Court will recess until
3:00 this afternoon.
648
00:32:20,727 --> 00:32:21,785
(JUDGE POUNDS GAVEL)
649
00:32:23,889 --> 00:32:27,757
JUDGE McLELLAN: The Supreme Court is presently
considering in Kansas v. Hendricks
650
00:32:27,658 --> 00:32:29,683
the very issues
that you raised.
651
00:32:29,670 --> 00:32:33,198
I'm loathe to precede Mr.
Rehnquist and his brethren
652
00:32:33,121 --> 00:32:34,884
into uncharted territory.
653
00:32:35,740 --> 00:32:38,675
Mr. McCoy, what you
propose is very tempting,
654
00:32:38,870 --> 00:32:40,997
but I suspect very perilous.
655
00:32:41,585 --> 00:32:44,180
I'm going to deny
your application.
656
00:32:44,141 --> 00:32:46,632
Mr. Darnell is ordered
released forthwith.
657
00:32:46,600 --> 00:32:47,999
(PEOPLE EXCLAIMING)
658
00:32:48,772 --> 00:32:51,536
(CRYING) No! No! No!
659
00:32:56,949 --> 00:32:58,814
(WOMAN CRYING)
660
00:33:02,539 --> 00:33:05,030
We conducted
nearly 300 interviews,
661
00:33:05,126 --> 00:33:08,289
we showed his photo to everyone
in the girl's neighborhood,
662
00:33:08,225 --> 00:33:12,094
we canvassed subway stations,
bus stops, cab companies.
663
00:33:12,377 --> 00:33:14,504
The man blends in
like warm butter.
664
00:33:14,486 --> 00:33:18,013
I want follow-up interviews.
And keep showing his photo.
665
00:33:17,999 --> 00:33:19,432
That's the plan.
666
00:33:19,436 --> 00:33:23,567
Forensics compared every kind of
fiber from Darnell's work and home,
667
00:33:23,589 --> 00:33:27,525
from clothing to carpeting, to
what was found at the Perez place.
668
00:33:27,422 --> 00:33:30,220
Nothing matched.
That's not good enough.
669
00:33:31,255 --> 00:33:32,813
I beg your pardon?
670
00:33:32,820 --> 00:33:34,481
You've had this case for weeks.
671
00:33:34,960 --> 00:33:36,485
You haven't given me a
single piece of evidence
672
00:33:36,494 --> 00:33:38,223
I can hang
an arrest warrant on.
673
00:33:38,219 --> 00:33:40,813
Mr. McCoy, when my
detectives get back
674
00:33:40,774 --> 00:33:42,366
from their needlepoint classes,
675
00:33:42,467 --> 00:33:45,265
I'll put them on
the case. Anything else?
676
00:33:45,309 --> 00:33:49,474
Yes. Starting today, I want
round-the-clock surveillance on Darnell.
677
00:33:53,391 --> 00:33:55,325
That was some
motivational speech.
678
00:33:55,307 --> 00:33:58,504
Soon as we convict Darnell,
I'll send her flowers.
679
00:33:58,757 --> 00:34:01,817
Open the case before the grand
jury and let's get them busy.
680
00:34:01,759 --> 00:34:02,749
Doing what?
681
00:34:02,782 --> 00:34:07,185
Start by subpoenaing everyone Darnell's
talked to in the last six weeks.
682
00:34:07,382 --> 00:34:09,748
And I want a summary of the
Sex Offender Registration Act
683
00:34:09,714 --> 00:34:11,181
on my desk by tomorrow morning.
684
00:34:11,182 --> 00:34:12,308
Megan's Law?
685
00:34:12,333 --> 00:34:15,598
I'm gonna give Darnell something
to think about besides rape.
686
00:34:15,526 --> 00:34:18,826
By the time I'm through,
he'll run back to Sing Sing.
687
00:34:18,753 --> 00:34:21,119
We've got a warrant to search Mr.
Darnell's locker.
688
00:34:21,085 --> 00:34:23,246
Again? We're still
looking for a penknife.
689
00:34:23,225 --> 00:34:25,523
You mind showing
these officers the way?
690
00:34:25,493 --> 00:34:27,757
The warrant's also good
to search your work area,
691
00:34:27,728 --> 00:34:31,460
which pretty much covers the entire place.
Start right here.
692
00:34:31,498 --> 00:34:35,798
Okay! Everybody gather
around for mail call.
693
00:34:36,257 --> 00:34:39,454
Do we have a Christopher White here?
CHRISTOPHER: Right here.
694
00:34:39,578 --> 00:34:42,241
Here you go. It's an invitation
from the grand jury.
695
00:34:42,198 --> 00:34:46,601
They want to talk to you about your
friendly neighborhood serial rapist.
696
00:34:46,575 --> 00:34:48,543
Neal Dawson?
NEAL: Yeah, that's me.
697
00:34:48,523 --> 00:34:52,721
Neal. Anybody who doesn't show
up gets cited for contempt.
698
00:34:52,994 --> 00:34:56,431
I'm sure you'll all want to thank
your friend Lewis in a big way.
699
00:34:56,349 --> 00:34:57,907
Rob McAllister?
700
00:34:59,128 --> 00:35:01,494
We're finished with the search.
Sorry for the bother.
701
00:35:01,460 --> 00:35:03,860
What about this?
You're dragging my neighbors into court.
702
00:35:03,823 --> 00:35:05,188
It's not court,
it's the grand jury.
703
00:35:05,196 --> 00:35:07,824
Yeah, well, I don't give a damn what you call it.
This is harassment.
704
00:35:07,783 --> 00:35:10,150
We're conducting
a lawful investigation.
705
00:35:10,116 --> 00:35:11,515
You live with a rapist
and a murderer,
706
00:35:11,521 --> 00:35:13,853
you have to put up with a
few minor inconveniences.
707
00:35:13,821 --> 00:35:16,153
This might be lawful
in Peking or in Havana,
708
00:35:16,121 --> 00:35:17,918
but we're talking about
New York City here!
709
00:35:17,909 --> 00:35:21,072
Look. Look at this!
Look at this crap!
710
00:35:21,519 --> 00:35:23,920
You've got our phone number
and our address on here!
711
00:35:23,883 --> 00:35:25,077
You have no right to do this!
712
00:35:25,097 --> 00:35:27,429
That didn't come from the
department or the D.A.'s office.
713
00:35:27,396 --> 00:35:29,523
Yeah? Whoever did this got the
information from somewhere.
714
00:35:29,504 --> 00:35:32,632
Hey, Megan's Law says we have
to inform local agencies
715
00:35:32,571 --> 00:35:34,835
that there's a sex offender
living in their area.
716
00:35:34,806 --> 00:35:38,004
You got a problem with that,
call Governor Pataki.
717
00:35:40,908 --> 00:35:42,102
(CAR ALARM BEEPS)
718
00:35:49,277 --> 00:35:54,806
Hey, Lewis! Look at you.
Twenty-five blocks and hardly a drop of sweat.
719
00:35:55,441 --> 00:35:56,703
I guess all that
walking around the yard
720
00:35:56,719 --> 00:35:58,744
in Sing Sing
really paid off, huh?
721
00:35:58,731 --> 00:36:01,701
So, what's the matter? Your local bodega
ran out of your favorite breakfast drink?
722
00:36:01,639 --> 00:36:05,575
Hey, Rey, look what
I found on the floor.
723
00:36:05,471 --> 00:36:06,597
Must have fallen off the board.
724
00:36:08,410 --> 00:36:11,436
CURTIS: You know, that's a
really good likeness, Lewis.
725
00:36:16,652 --> 00:36:18,244
GRANICK: He was
hounded from his job.
726
00:36:18,248 --> 00:36:20,307
He hasn't been able to
find a new employer.
727
00:36:20,292 --> 00:36:21,919
His face has been plastered
all over the West Side.
728
00:36:21,921 --> 00:36:23,912
He's a virtual pariah
in his neighborhood.
729
00:36:23,902 --> 00:36:26,598
He has no choice but to apply
for a change of residence.
730
00:36:26,552 --> 00:36:28,487
Who do you know
in Binghamton, Lewis?
731
00:36:28,470 --> 00:36:29,630
A cousin.
732
00:36:29,812 --> 00:36:34,374
He owns a pizzeria. He said he can
give me a job making deliveries.
733
00:36:34,858 --> 00:36:39,625
Mr. Munro, I notified the Broome
County District Attorney's office.
734
00:36:40,096 --> 00:36:42,565
He plans to oppose
his relocation.
735
00:36:43,036 --> 00:36:45,504
Lewis, is there anywhere
else in New York State?
736
00:36:45,463 --> 00:36:48,899
JACK: We sent notifications to every
county in the state. No one wants him.
737
00:36:48,817 --> 00:36:52,548
Mr. Darnell's been in contact
with a relative outside Akron.
738
00:36:52,458 --> 00:36:55,292
Yes. George Radford
in Greensburg.
739
00:36:56,579 --> 00:37:00,572
The Summit County D.A. Doesn't want Mr.
Darnell in his jurisdiction, either.
740
00:37:00,476 --> 00:37:02,137
How did you know about Radford?
741
00:37:02,137 --> 00:37:04,970
We have a court-approved wiretap
on your client's phone.
742
00:37:04,916 --> 00:37:08,785
Now, if Mr. Darnell finds life
in New York so intolerable,
743
00:37:09,452 --> 00:37:11,977
he can live on the grounds of
the Camp Gabriel's work farm.
744
00:37:11,943 --> 00:37:13,501
I'm not going back to prison.
745
00:37:13,508 --> 00:37:16,807
You wouldn't be an inmate.
You'd be on work release.
746
00:37:16,958 --> 00:37:20,121
Work where?
It's in the middle of the damn woods.
747
00:37:20,503 --> 00:37:21,766
Screw your work release.
748
00:37:21,781 --> 00:37:23,510
Knock it off, Lewis.
749
00:37:23,730 --> 00:37:26,255
Mr. Granick, my hands
are tied here.
750
00:37:26,668 --> 00:37:29,000
Until Lewis comes up with a
community willing to take him,
751
00:37:28,968 --> 00:37:31,061
I have to deny his request.
752
00:37:36,251 --> 00:37:37,980
You son of a bitch!
753
00:37:38,807 --> 00:37:41,401
I'm warning you.
You better step off, you understand?
754
00:37:41,361 --> 00:37:43,488
You leave me the hell alone!
755
00:37:43,598 --> 00:37:47,159
There's only three ways that's
gonna happen, Mr. Darnell.
756
00:37:47,240 --> 00:37:51,870
Either you'll kill me, kill
yourself or go back to prison.
757
00:37:56,406 --> 00:37:59,864
Here's one from the director
of the division of parole.
758
00:37:59,792 --> 00:38:04,059
You're interfering with the proper
administration of their field services.
759
00:38:03,945 --> 00:38:06,971
It was their brilliant idea to grant
him parole in the first place.
760
00:38:06,915 --> 00:38:09,816
Save your witticisms for
the police commissioner.
761
00:38:09,758 --> 00:38:14,253
His office thinks that your little
operation is costing too much overtime.
762
00:38:14,263 --> 00:38:17,892
I'm prosecuting a murder.
I'm not looking to save pennies.
763
00:38:18,095 --> 00:38:20,495
By the way, how is that case going?
764
00:38:20,459 --> 00:38:22,552
He hasn't led his police escort
765
00:38:22,535 --> 00:38:24,503
to a secret stash of evidence?
766
00:38:24,770 --> 00:38:25,759
I'm stunned.
767
00:38:25,793 --> 00:38:27,887
What am I supposed to do, Adam?
768
00:38:27,870 --> 00:38:30,202
Darnell won't oblige
me with a confession.
769
00:38:31,127 --> 00:38:34,096
I need to tell these
people what you're doing
770
00:38:34,034 --> 00:38:35,831
serves some legitimate purpose.
771
00:38:35,918 --> 00:38:38,716
I'm pushing hard to break a suspect.
Is that good enough?
772
00:38:38,665 --> 00:38:39,723
(KNOCKING ON DOOR)
773
00:38:41,190 --> 00:38:43,385
Darnell isn't going
back to prison quietly.
774
00:38:43,362 --> 00:38:45,853
He got the Southern District Court
to issue a restraining order.
775
00:38:45,821 --> 00:38:48,289
How bad is it?
He's putting us out of business.
776
00:38:48,248 --> 00:38:50,148
And he's got the
A.C.L.U. On board.
777
00:38:50,132 --> 00:38:51,690
(EXCLAIMS)
A. C... Oh, boy.
778
00:38:55,946 --> 00:39:01,111
Forty-seven subpoenas, six search
warrants, three wiretap warrants,
779
00:39:00,961 --> 00:39:03,293
24-hour surveillance.
It's abusive.
780
00:39:03,261 --> 00:39:04,626
It's entirely within the scope
781
00:39:04,634 --> 00:39:07,001
of my prosecutorial authority.
782
00:39:07,254 --> 00:39:08,881
Your Honor,
an independent magistrate
783
00:39:08,883 --> 00:39:10,316
signed off on each
and every warrant.
784
00:39:10,320 --> 00:39:12,948
The Gambinos never got this
kind of attention, Your Honor.
785
00:39:12,908 --> 00:39:15,069
Mr. McCoy, is there
a realistic hope
786
00:39:15,047 --> 00:39:17,072
of uncovering
relevant evidence here?
787
00:39:17,060 --> 00:39:20,053
We're looking for the
knife used in the crime,
788
00:39:20,127 --> 00:39:22,220
the clothes worn
by Mr. Darnell,
789
00:39:22,203 --> 00:39:24,467
and any person he might've
spoken to about the crime.
790
00:39:24,439 --> 00:39:26,066
GRANICK: Some of these
witnesses have been called
791
00:39:26,068 --> 00:39:28,559
before the grand
jury four times.
792
00:39:28,527 --> 00:39:30,757
Mr. Darnell's home
and workplace have been
793
00:39:30,731 --> 00:39:32,164
searched on three
separate occasions.
794
00:39:32,168 --> 00:39:33,158
When does this stop?
795
00:39:33,192 --> 00:39:35,717
When I'm satisfied all
leads have been exhausted.
796
00:39:35,682 --> 00:39:38,947
I don't take a lot of comfort
from that, Mr. McCoy,
797
00:39:39,101 --> 00:39:41,262
but Mr. Granick, I don't
see where your client's
798
00:39:41,240 --> 00:39:43,071
civil rights
have been violated,
799
00:39:43,061 --> 00:39:45,222
no matter what the A.C.L.
U. May have told you.
800
00:39:45,201 --> 00:39:48,171
With due respect, Your Honor,
you're missing the big picture.
801
00:39:48,108 --> 00:39:50,372
Now Mr. Darnell's name,
address and prison record
802
00:39:50,344 --> 00:39:52,005
have been distributed
throughout his neighborhood
803
00:39:52,005 --> 00:39:54,496
and made available
on a 900 number.
804
00:39:54,751 --> 00:39:56,776
Now, the neighborhood watch,
school boards, women's groups
805
00:39:56,763 --> 00:39:57,787
have all been
notified of the same...
806
00:39:57,817 --> 00:40:01,083
All of which is required under the
Sex Offender Registration Act.
807
00:40:01,013 --> 00:40:03,106
It's a high-tech
scarlet letter.
808
00:40:03,089 --> 00:40:04,920
Now, the state
punished Mr. Darnell once.
809
00:40:04,910 --> 00:40:07,344
It shouldn't have the right to punish
him again for the same crimes.
810
00:40:07,305 --> 00:40:10,536
This is not punishment.
It's fair warning to his neighbors.
811
00:40:10,467 --> 00:40:14,837
Mr. McCoy, my legal sense tells
me you're treading pretty close
812
00:40:14,715 --> 00:40:17,240
to an injudicious use
of prosecutorial power.
813
00:40:17,207 --> 00:40:20,472
I'm simply using the tools the
state has made available to me.
814
00:40:20,401 --> 00:40:24,098
Yes, you are. And I'm gonna be
watching you very carefully.
815
00:40:25,128 --> 00:40:27,256
Mr. Granick, the restraining
order is lifted
816
00:40:27,237 --> 00:40:30,400
and your application for
an injunction is denied.
817
00:40:31,134 --> 00:40:33,102
Step lightly, Mr. McCoy.
818
00:40:35,382 --> 00:40:39,045
"9:00 a.m. Subject exited
premises to purchase a newspaper.
819
00:40:39,407 --> 00:40:42,774
"2:26 p.m. Subject exited
premises for cigarettes.
820
00:40:43,176 --> 00:40:46,976
"2:29 p.m. Subject looked in the
direction of the surveillance car
821
00:40:46,881 --> 00:40:49,145
"and made an
obscene gesture."
822
00:40:49,117 --> 00:40:51,278
At least he's keeping
his sense of humor.
823
00:40:51,353 --> 00:40:52,378
Somebody isn't.
824
00:40:52,408 --> 00:40:55,809
About once a day his daughter
comes by to spit on the car.
825
00:40:56,113 --> 00:40:58,308
I'm sorry she's caught
in the middle of this.
826
00:40:58,285 --> 00:41:00,549
Counselor, this
turning of the screws,
827
00:41:00,520 --> 00:41:02,488
is this an
open-ended arrangement?
828
00:41:02,469 --> 00:41:04,460
That's up to
Mr. Darnell.
829
00:41:05,696 --> 00:41:08,290
The girl told her mother
just a few days ago.
830
00:41:08,251 --> 00:41:09,582
Why did she wait so long?
831
00:41:09,592 --> 00:41:10,820
She didn't want
her mother to know
832
00:41:10,838 --> 00:41:12,328
she'd ditched school that day,
833
00:41:12,339 --> 00:41:14,933
but when she saw the posters,
she recognized Darnell,
834
00:41:14,894 --> 00:41:17,124
decided to do the right thing.
835
00:41:18,088 --> 00:41:19,283
(PHONE RINGING)
836
00:41:20,261 --> 00:41:23,355
Ms. Ross is from the
district attorney's office.
837
00:41:24,221 --> 00:41:26,746
Why don't you tell
her what happened?
838
00:41:26,713 --> 00:41:29,341
It was last month.
Natalie was home from school.
839
00:41:29,300 --> 00:41:32,031
She was in the kitchen.
She heard noises at the front door.
840
00:41:31,984 --> 00:41:33,645
Natalie, tell her.
841
00:41:33,804 --> 00:41:37,433
Someone was jiggling the lock.
842
00:41:37,350 --> 00:41:39,284
I saw it was that
man through the hole.
843
00:41:39,937 --> 00:41:44,203
He said that the super wanted
him to check the radiators.
844
00:41:44,184 --> 00:41:47,814
MOTHER: He kept asking her to open the door.
Tell them what you said.
845
00:41:47,731 --> 00:41:49,392
I told him that if
he didn't go away,
846
00:41:49,392 --> 00:41:53,158
I'd call the cops.
That scared him off.
847
00:41:53,672 --> 00:41:57,233
It's that man. He's sick.
You gotta put him back in jail.
848
00:41:58,048 --> 00:41:59,380
Thank you.
849
00:42:00,987 --> 00:42:04,718
At the very least, it's attempted trespass.
We can violate Darnell.
850
00:42:04,628 --> 00:42:07,426
And we can have this girl arrested
for impersonating a witness.
851
00:42:07,375 --> 00:42:09,275
She might as well have been
reading off a teleprompter.
852
00:42:09,259 --> 00:42:11,751
Hey, look, McCoy's been
pushing us hard for a break.
853
00:42:11,720 --> 00:42:13,085
This one just walked in.
854
00:42:13,093 --> 00:42:16,654
If he wants to look behind the
curtain, that's up to him.
855
00:42:17,054 --> 00:42:19,750
Check out her story
and get back to me.
856
00:42:20,471 --> 00:42:22,462
The school had a note on
file from the girl's mother
857
00:42:22,452 --> 00:42:24,751
for the same day the girl
claims she ditched school.
858
00:42:24,721 --> 00:42:26,689
It was for a dentist's appointment
she had during lunch.
859
00:42:26,669 --> 00:42:28,227
That note's probably a fake.
860
00:42:28,234 --> 00:42:29,963
The school verified
the mother's signature.
861
00:42:29,959 --> 00:42:31,290
ADAM: What does
the dentist say?
862
00:42:31,300 --> 00:42:33,564
He confirmed there was
an appointment that day.
863
00:42:33,536 --> 00:42:35,766
So the girl went home
instead of the dentist's.
864
00:42:35,739 --> 00:42:38,174
They seem to remember
she had her cavities filled.
865
00:42:38,136 --> 00:42:39,262
"Seem to remember."
866
00:42:39,286 --> 00:42:40,446
What does the girl say?
867
00:42:40,468 --> 00:42:42,493
ROSS: She and her mother swear
they changed the appointment,
868
00:42:42,480 --> 00:42:44,448
but I think
it's a non-starter.
869
00:42:44,428 --> 00:42:47,761
Well, if this lie doesn't get Mr.
Darnell out of the neighborhood,
870
00:42:47,686 --> 00:42:49,278
try a lynch mob.
871
00:42:49,283 --> 00:42:50,807
If there's evidence
they're lying,
872
00:42:50,816 --> 00:42:53,513
it's up to Darnell's lawyer
to present it to a jury.
873
00:42:53,468 --> 00:42:55,231
You want to arrest him?
874
00:42:55,225 --> 00:42:56,419
You'll do nothing of the kind.
875
00:42:56,439 --> 00:42:59,966
The girl's story is credible on its face.
My evidentiary burden is met.
876
00:42:59,888 --> 00:43:03,380
I don't care. You can thumb
your nose at a federal judge,
877
00:43:03,306 --> 00:43:04,797
but I won't let
you drag the law
878
00:43:04,808 --> 00:43:06,605
through a sewer to catch a rat.
879
00:43:06,596 --> 00:43:09,326
It's not worth it.
To put him back in his box?
880
00:43:09,279 --> 00:43:11,975
We arrest him now, it'll be six
months before a jury sorts it out.
881
00:43:11,930 --> 00:43:14,956
Stop. Listen to
what you're suggesting.
882
00:43:15,891 --> 00:43:20,920
An arrest you know is false.
The inquisition is over.
883
00:43:25,314 --> 00:43:26,576
(DOOR OPENING)
884
00:43:27,454 --> 00:43:30,651
I'm sorry, Jack.
I should've kept my mouth shut.
885
00:43:31,352 --> 00:43:33,343
It's okay. He's right.
886
00:43:33,491 --> 00:43:37,450
Mr. McCoy, Detective Briscoe's on line one.
He said it's urgent.
887
00:43:41,125 --> 00:43:42,649
She was on her way
to her apartment
888
00:43:42,658 --> 00:43:43,920
when she saw the door was open.
889
00:43:43,936 --> 00:43:46,531
She heard noises inside,
so she came in.
890
00:43:46,492 --> 00:43:48,858
The baseball bat was
in the umbrella stand.
891
00:43:49,846 --> 00:43:50,904
(SIGHS)
892
00:43:51,985 --> 00:43:55,614
He was on top of her friend.
He had a knife to her throat,
893
00:43:55,915 --> 00:43:58,009
and that bag over her face.
894
00:43:57,991 --> 00:44:00,459
She took two
major-league swings.
895
00:44:00,418 --> 00:44:02,648
One to the right temple,
one to the forehead.
896
00:44:03,261 --> 00:44:05,126
Her friend's in there.
897
00:44:05,369 --> 00:44:08,668
She's got trauma from the rape
and the partial suffocation.
898
00:44:08,595 --> 00:44:10,826
E.M.S. Says she'll be
all right, considering.
899
00:44:10,800 --> 00:44:13,894
I guess the pressure got to Darnell.
He had no place else to go.
900
00:44:13,834 --> 00:44:15,734
Where is she?
In here.
901
00:44:36,768 --> 00:44:38,964
We'll get her statement
back at the squad room.
902
00:44:38,940 --> 00:44:41,670
Make it painless,
and get her back home.
903
00:44:41,975 --> 00:44:43,408
(POLICE RADIO CHATTERING)
904
00:44:43,413 --> 00:44:46,041
I'm sorry it had
to happen this way.
905
00:44:46,000 --> 00:44:47,058
Not all that sorry.
906
00:46:47,032 --> 00:46:48,431
(SIRENS BLARING)
907
00:46:48,432 --> 00:46:49,558
(POLICE CAR DOORS CLOSING)
908
00:46:49,608 --> 00:46:54,158
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