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NARRATOR:
In the criminal justice system
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00:00:02,963 --> 00:00:06,638
the people are represented
by two separate yet equally important groups,
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00:00:06,934 --> 00:00:08,743
the police
who investigate crime
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00:00:08,802 --> 00:00:11,646
and the district attorneys
who prosecute the offenders.
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These are their stories.
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Bless me, Father,
for I have sinned.
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It's been two weeks
since my last confession.
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Well, for starters,
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a man cut me off on
the Cross Bronx Expressway.
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I know I shouldn't have,
but I sped up and I cut him off back.
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And then, when I saw
him screaming at me in my rear view,
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I made a hand gesture.
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You know,
I flipped him the bird.
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Father?
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Are you okay?
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Father?
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Father?
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(GASPS) Oh, God!
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Lady came in
for confession about 8:20. This is how she found him.
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Name is Father Grady.
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Man.
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Looks like he caught
it in the line of duty.
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Yeah, and no hazard pay.
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Was there
anybody here besides that woman?
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Caretaker. We got him in his
office down in the basement. He's pretty upset.
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All right.
Take him outside, we'll talk to him there.
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Hey, let's get some guys
on the street, see if we can turn up that gun.
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And if you need help,
get an ESU team down here.
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So, how do you kill
a man of the cloth?
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Small caliber, close range.
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Where was the shooter?
In here.
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Wow. He shot him right
through the confession screen?
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Yeah. The line of fire's
right on a level with his head.
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Which means our guy
was in the sinner's seat.
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Wonder how many
Hail Marys that rates?
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I got in around 4:00.
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First thing I did was
mop the floor in the chapel
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and then I went to
clean up downstairs.
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What time was that?
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Maybe an hour or
so later.
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00:03:02,309 --> 00:03:03,982
When was the last time
you saw Father Grady?
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00:03:04,044 --> 00:03:05,717
Right before he went
in to hear confessions.
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Maybe 7:00, 7:30.
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Did you see who he was
taking confession from?
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Well, there are
a couple of regulars,
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you know,
elderly ladies from the neighborhood.
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I thought
the chapel was part of the boys' school.
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School uses it during the day.
But it's open to the public the rest of the time.
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And what about
for confessions?
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00:03:21,061 --> 00:03:23,234
Wednesday nights,
Saturday afternoons.
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So, I guess
it's pretty quiet in the evenings, huh?
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There's always a few
students staying late,
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but they're usually
next door in the gym.
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And anybody else who
wanders in off the street
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till I lock the place up
about 10:00.
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How long have you
known Father Grady?
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About two years.
He was a good priest.
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Jeez, what kind of person
could do something like this?
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Who's in charge here?
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The Monsignor.
He lives here in the rectory.
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Thanks.
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It took
less than 10 minutes to go through his room.
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He's got one desk,
one drawer, nothing unusual.
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I don't have to
tell you guys
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the brass is
all over this one.
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00:04:02,269 --> 00:04:03,839
Well, we're trying to
track down some women
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00:04:03,904 --> 00:04:05,474
who went to confession
that night.
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00:04:05,539 --> 00:04:07,109
Well, what about
ballistics?
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00:04:07,174 --> 00:04:08,517
Based on the signature
on the slug,
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we're looking
for a Phoenix Arms .25.
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00:04:10,811 --> 00:04:12,848
Well, you have to figure
someone looking for money
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isn't gonna
rob a priest.
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Well, his wallet's
still in his room.
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00:04:16,283 --> 00:04:17,762
And there's
nothing missing from the chapel.
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This could be some
psycho from off the street
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who's got a grudge
against the Pope.
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Or maybe a grudge
against Father Grady.
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FATHER EVANS: We're all
trying to go on with the routine today.
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But it's been hard.
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00:04:30,597 --> 00:04:31,769
Father Grady
was well-liked?
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Very much so.
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00:04:32,966 --> 00:04:35,412
And Don Bosco isn't
exactly the easiest place to teach.
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00:04:35,469 --> 00:04:36,777
Why is that?
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00:04:36,837 --> 00:04:38,783
Some of the boys
here have been...
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Well, turned away
from other schools.
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How serious
are the problems?
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00:04:43,744 --> 00:04:45,815
Oh, it's pretty
wide-ranging.
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00:04:45,879 --> 00:04:48,985
Any of these kids have
a personal problem with Father Grady?
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00:04:50,617 --> 00:04:52,392
Well, you don't
really think that one of our students
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could have
had something to do with this?
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00:04:54,054 --> 00:04:57,627
Well, we don't know, Father.
What do you think?
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There was a disciplinary
problem with one of the seniors,
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a boy named
Tim Boswell.
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00:05:03,897 --> 00:05:07,470
But I just can't believe
it could have led to something like this.
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00:05:07,534 --> 00:05:09,343
Well, what happened
with this kid?
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00:05:11,572 --> 00:05:13,347
He and Father Grady had
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some sort of altercation.
I don't know the whole story.
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00:05:17,744 --> 00:05:19,451
But he was suspended
last week.
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00:05:20,781 --> 00:05:22,454
Does Tim have
this kind of locker?
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00:05:22,583 --> 00:05:24,620
Well, now,
wouldn't you need his permission for that?
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00:05:24,685 --> 00:05:28,690
Well, actually, the law gives
the school as much right to open it as he has.
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00:05:28,789 --> 00:05:30,496
There should be
a master key for these.
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00:05:30,557 --> 00:05:32,696
I'm not sure I'm very
comfortable with this.
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00:05:33,026 --> 00:05:36,769
I mean, we try to
maintain a slightly higher standard here.
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00:05:37,264 --> 00:05:39,835
Well, we're just trying to
find out if everybody's living up to it.
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00:05:44,871 --> 00:05:47,477
Whoa! Catholic school
wasn't like that in my day.
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00:05:47,541 --> 00:05:49,248
He's not supposed to
have those.
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00:05:49,543 --> 00:05:53,320
See, we got
some text books, notebooks, magazines.
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It all looks
pretty straightforward.
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What are you looking at,
Mr. Cole?
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Nothing.
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Aren't you supposed
to be in Latin?
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Forgot my book.
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00:06:04,891 --> 00:06:06,268
What are they doing
with Tim's stuff?
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00:06:06,326 --> 00:06:08,203
That is not your
business, Mr. Cole.
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00:06:08,262 --> 00:06:09,536
No, no, no, it's okay.
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00:06:10,931 --> 00:06:13,275
Hey, you tight
with Tim Boswell?
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Know him a little.
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00:06:14,768 --> 00:06:16,941
BRISCOE: He ever talk
to you about Father Grady?
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00:06:19,740 --> 00:06:21,549
Do you
have something to say, Mr. Cole?
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He had a fight with him.
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What was it about?
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Something personal.
I don't know.
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00:06:28,749 --> 00:06:30,422
Then how do you know
it was personal?
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00:06:31,251 --> 00:06:34,232
Just the way Tim
was acting yesterday when he told me about it.
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00:06:34,288 --> 00:06:37,394
Yesterday? Mr. Boswell
wasn't supposed to be in school.
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00:06:39,459 --> 00:06:41,029
ED: What time
did you talk to him?
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00:06:41,161 --> 00:06:42,936
I don't know, late.
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00:06:43,530 --> 00:06:44,941
I stayed after
for soccer practice.
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00:06:44,998 --> 00:06:47,376
When I went
to get my coat, Tim was right here.
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00:06:53,674 --> 00:06:55,017
How do I know where he is?
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00:06:55,075 --> 00:06:56,918
Your son's been
suspended for two weeks
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and he's just out
roaming the streets?
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00:06:58,912 --> 00:07:00,448
You think
he listens to me?
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00:07:00,747 --> 00:07:02,818
What happened to you,
Mrs. Boswell?
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00:07:03,450 --> 00:07:05,794
Nothing.
I tripped on the stairs.
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00:07:07,220 --> 00:07:08,858
Was Tim home
yesterday evening?
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00:07:08,922 --> 00:07:09,923
Why?
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00:07:10,257 --> 00:07:12,635
There was a problem
at his school.
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00:07:12,826 --> 00:07:13,896
What kind of problem?
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00:07:13,960 --> 00:07:15,633
A priest was shot
last night.
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Which priest?
Father Grady.
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Oh, my God.
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00:07:20,567 --> 00:07:22,376
And why do you
want to talk to Tim?
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00:07:22,436 --> 00:07:24,541
ED: We just need to
clear a few things up.
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00:07:24,871 --> 00:07:26,714
You don't think Tim had
anything to do with it?
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00:07:26,873 --> 00:07:30,150
Actually, we think it was
some drug addicts in the neighborhood.
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00:07:30,477 --> 00:07:33,287
Because my son would never
do something like that. Never.
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00:07:33,547 --> 00:07:35,220
Oh, we just
need to talk to him.
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00:07:37,284 --> 00:07:40,754
There's some older boys who
hang around by the deli on 9th Avenue.
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Doing nothing.
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00:07:43,123 --> 00:07:44,124
He might be with them.
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00:07:45,726 --> 00:07:47,000
Tim Boswell?
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00:07:47,060 --> 00:07:48,061
Yeah.
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00:07:48,161 --> 00:07:49,504
Let's take a walk, huh?
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00:07:50,130 --> 00:07:51,302
You arresting him
or something?
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00:07:51,365 --> 00:07:53,504
Hey, you keep
your mouth shut or we're going to be arresting you.
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00:07:53,567 --> 00:07:55,638
Hey, hey, hey, hey!
Smells like teen spirit.
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00:07:55,702 --> 00:07:57,545
This yours, Tim?
No.
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00:07:57,604 --> 00:07:59,880
Well, whose is it, then?
Because it was closest to you.
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Anybody?
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00:08:02,275 --> 00:08:03,583
That's what I thought.
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00:08:07,013 --> 00:08:08,720
Look, I'll cop
to the ell, okay?
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00:08:08,782 --> 00:08:13,322
Come on, man. You know
you don't get to sit up here in first class over some weed.
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00:08:13,387 --> 00:08:15,663
(EXHALES)
What do you want?
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00:08:15,722 --> 00:08:18,931
Why don't we start with your
whereabouts yesterday evening?
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00:08:20,360 --> 00:08:22,670
I was
at the park chilling with some girls till it got dark.
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00:08:23,230 --> 00:08:24,231
BRISCOE: And then what?
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00:08:25,132 --> 00:08:27,738
Went to Mickey D's,
got some food, walked home.
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00:08:28,769 --> 00:08:31,773
We got somebody that put
you in Don Bosco at 6:30.
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00:08:31,838 --> 00:08:35,251
Only you were suspended.
So what the hell were you doing there?
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Look, kid,
we got a dead priest.
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00:08:39,279 --> 00:08:41,725
And the only way
you're going to catch any kind of a break on this
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00:08:41,782 --> 00:08:43,853
is if you start
telling us the truth!
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00:08:46,887 --> 00:08:48,457
All right,
so I was there.
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00:08:48,522 --> 00:08:49,796
What time?
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00:08:49,856 --> 00:08:50,857
6:00, 6:30.
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Doing what?
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00:08:53,093 --> 00:08:55,266
All I did was sneak
in to get some weed from my locker.
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00:08:55,328 --> 00:08:57,103
I never even
saw Father Grady.
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00:08:57,798 --> 00:08:58,799
Really?
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00:08:59,299 --> 00:09:02,439
Because we heard that you
and him threw down the other day.
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00:09:02,669 --> 00:09:03,670
Wasn't like that.
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00:09:04,037 --> 00:09:06,483
BRISCOE: Well, either way,
it's obvious you didn't like him very much.
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00:09:06,540 --> 00:09:07,541
I had a reason.
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00:09:07,974 --> 00:09:09,578
We're listening.
187
00:09:11,778 --> 00:09:13,553
I tell you,
you're just going to think I killed him.
188
00:09:13,947 --> 00:09:15,824
We already think that.
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00:09:18,285 --> 00:09:20,060
He was using his collar
to get over.
190
00:09:20,787 --> 00:09:22,198
Wait a minute.
191
00:09:22,255 --> 00:09:24,496
You're telling us that
Father Grady made advances on you?
192
00:09:24,558 --> 00:09:25,559
(SCOFFS)
193
00:09:27,327 --> 00:09:28,328
My mother.
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00:09:33,733 --> 00:09:38,273
I can tell you this horrific
crime is being taken very seriously by the Church.
195
00:09:38,839 --> 00:09:40,375
His Holiness
has been informed
196
00:09:40,440 --> 00:09:44,013
and he sends his
prayers and condolences to the entire Archdiocese.
197
00:09:44,077 --> 00:09:45,078
Please.
198
00:09:45,445 --> 00:09:46,753
Well, we can assure you,
199
00:09:46,813 --> 00:09:49,089
we're gonna do everything
we can to clear the case.
200
00:09:49,149 --> 00:09:53,222
Monsignor Fanelli informed
us of your suspicions about Father Grady.
201
00:09:53,887 --> 00:09:54,957
And?
202
00:09:58,658 --> 00:10:01,468
A few weeks ago, my office
got a call from Mr. Boswell.
203
00:10:02,496 --> 00:10:04,840
He accused Father Grady
of having
204
00:10:05,198 --> 00:10:06,700
relations with his wife.
205
00:10:07,434 --> 00:10:09,744
That explains her
trip down the stairs.
206
00:10:10,403 --> 00:10:11,609
Anything to what he said?
207
00:10:11,671 --> 00:10:13,776
I think the problems
in Mr. Boswell's marriage
208
00:10:13,840 --> 00:10:15,751
have nothing
to do with Father Grady.
209
00:10:16,476 --> 00:10:17,784
Did you tell him that?
210
00:10:17,844 --> 00:10:21,485
I did.
He claims we were covering up for Father Grady.
211
00:10:22,048 --> 00:10:24,824
It seems he really wasn't
interested in hearing the truth.
212
00:10:24,885 --> 00:10:26,091
From anyone.
213
00:10:28,555 --> 00:10:29,761
My son's not here.
214
00:10:29,823 --> 00:10:31,461
Actually, we want to
talk to you.
215
00:10:31,858 --> 00:10:32,859
About what?
216
00:10:32,926 --> 00:10:34,803
It'd be better
if we did this inside.
217
00:10:35,228 --> 00:10:36,639
(TV PLAYING)
218
00:10:38,265 --> 00:10:40,745
What happened to your wife,
Mr. Boswell?
219
00:10:41,368 --> 00:10:42,574
She fell.
220
00:10:43,003 --> 00:10:45,210
Don't you
got something to do in the kitchen?
221
00:10:50,510 --> 00:10:51,511
So what do you want?
222
00:10:52,045 --> 00:10:53,615
ED: Where were you
on Wednesday night?
223
00:10:55,849 --> 00:10:57,089
I was here.
224
00:10:57,150 --> 00:10:59,152
You got anybody
that can vouch for you?
225
00:10:59,219 --> 00:11:02,029
My wife.
And a delivery guy who brought up a pizza.
226
00:11:02,088 --> 00:11:04,762
We understand you knew
the priest who got killed.
227
00:11:05,158 --> 00:11:07,138
I might
have met him once at a parent-teacher conference.
228
00:11:07,294 --> 00:11:10,275
BRISCOE: And maybe you
thought your wife knew him a little better than that?
229
00:11:10,697 --> 00:11:12,506
We had
a conversation with Bishop Durning.
230
00:11:12,566 --> 00:11:15,012
He told us
about your phone call.
231
00:11:15,435 --> 00:11:17,574
Yo, Lennie,
check this out.
232
00:11:17,871 --> 00:11:19,350
Don Bosco newsletter.
233
00:11:19,573 --> 00:11:21,177
We get it every month.
So what?
234
00:11:21,241 --> 00:11:23,448
Yeah, well, on the front page,
it has the schedule of confession.
235
00:11:23,510 --> 00:11:24,853
It has the priest's name,
236
00:11:24,911 --> 00:11:27,255
the day and the time
he's going to be there.
237
00:11:27,314 --> 00:11:30,659
Oh, sort of like a how-to
for somebody who might want to kill him.
238
00:11:30,817 --> 00:11:33,195
Wait. Hold on a minute.
The night of the murder,
239
00:11:33,253 --> 00:11:35,290
Father Evans
was supposed to be in that confessional.
240
00:11:35,355 --> 00:11:36,595
Not Father Grady.
241
00:11:41,795 --> 00:11:45,004
Father Grady and I
traded assignments.
242
00:11:45,065 --> 00:11:46,203
ED: Why didn't you
mention that
243
00:11:46,266 --> 00:11:47,643
the first time
we spoke to you?
244
00:11:48,001 --> 00:11:50,208
I guess
in all the turmoil
245
00:11:51,938 --> 00:11:53,713
it just slipped my mind.
246
00:11:57,978 --> 00:11:59,685
Wait, it should have
been me in there.
247
00:12:01,414 --> 00:12:03,451
Who else knew about
the switch, Father?
248
00:12:04,884 --> 00:12:05,885
Uh...
249
00:12:09,256 --> 00:12:12,066
No one. Uh, just...
Just Father Grady and myself.
250
00:12:12,759 --> 00:12:14,705
It really wasn't
anything formal.
251
00:12:14,928 --> 00:12:16,703
What about
money problems?
252
00:12:16,763 --> 00:12:19,403
Or, uh, maybe somebody
who had a grudge against you?
253
00:12:19,466 --> 00:12:21,707
You really think
it's possible this person was
254
00:12:22,369 --> 00:12:23,404
trying to kill me?
255
00:12:23,470 --> 00:12:25,472
Well, anything
is possible.
256
00:12:25,939 --> 00:12:29,011
Father, whoever did this
is still out there.
257
00:12:29,109 --> 00:12:31,715
So why don't you
really think about it
258
00:12:31,778 --> 00:12:33,689
and let us know
if anything clicks, huh?
259
00:12:38,284 --> 00:12:40,855
Boswell thought this priest
was getting it on with his wife.
260
00:12:40,920 --> 00:12:42,228
Anything to it?
261
00:12:42,288 --> 00:12:43,665
It's an excuse
to wail on her.
262
00:12:43,723 --> 00:12:45,634
We referred her
to Domestic Violence.
263
00:12:45,692 --> 00:12:48,832
The pizza guy says
he delivered a large sausage and mushroom
264
00:12:48,895 --> 00:12:51,273
to the husband right about
the time of the shooting.
265
00:12:51,464 --> 00:12:52,943
Well, what about his son?
266
00:12:53,033 --> 00:12:54,740
Kid's still on
our short list.
267
00:12:54,801 --> 00:12:56,576
But the change in the
confessional schedule
268
00:12:56,636 --> 00:12:59,048
opens up a whole new
range of possibilities.
269
00:12:59,339 --> 00:13:01,683
So, we start
looking in this other priest's direction?
270
00:13:01,741 --> 00:13:04,449
This Father Evans?
We already have.
271
00:13:04,511 --> 00:13:08,015
We found out that Don Bosco
sends out 1,600 newsletters every month
272
00:13:08,081 --> 00:13:10,152
to students, alumni,
congregation members.
273
00:13:10,216 --> 00:13:11,251
We have a list.
274
00:13:11,317 --> 00:13:13,558
The lab
turn up anything to narrow it down?
275
00:13:13,753 --> 00:13:16,029
Latent came up blank.
We checked this morning.
276
00:13:16,122 --> 00:13:18,329
Well, Detectives,
you've got 1,600 names
277
00:13:18,391 --> 00:13:21,668
to cross-reference
with gun permits and felony records.
278
00:13:22,328 --> 00:13:25,207
Eddie, just got a heads up
from the 1-5.
279
00:13:25,265 --> 00:13:27,245
A subway worker picked up
a .25 millimeter
280
00:13:27,300 --> 00:13:29,439
from the tracks
at 33rd Street on the Lex.
281
00:13:29,502 --> 00:13:31,709
That's a few blocks
from Don Bosco. Thank you.
282
00:13:34,474 --> 00:13:35,646
Eddie?
283
00:13:38,011 --> 00:13:40,787
It's a Phoenix Arms .25,
one shot missing from the clip.
284
00:13:40,847 --> 00:13:43,123
I had it dusted,
but they couldn't lift anything usable.
285
00:13:43,183 --> 00:13:45,254
You got a read on
when it was tossed?
286
00:13:45,318 --> 00:13:48,527
It's a guess, but
from the grease and grime, I'd say a few days at most.
287
00:13:48,588 --> 00:13:49,760
How about
the test fire?
288
00:13:49,823 --> 00:13:51,803
The slug recovered from
the victim's pretty beat up.
289
00:13:51,858 --> 00:13:54,464
I can testify consistent,
but not a dead-on match.
290
00:13:54,527 --> 00:13:56,632
So, everything says
it's our murder weapon,
291
00:13:56,696 --> 00:13:58,300
but you just can't
make it definite?
292
00:13:58,364 --> 00:13:59,638
I did run
the serial number.
293
00:13:59,699 --> 00:14:00,973
And was it stolen?
294
00:14:01,034 --> 00:14:03,844
Registered to
a Joseph Serrano, here in the city.
295
00:14:03,903 --> 00:14:05,678
He's got a business
premises license.
296
00:14:08,441 --> 00:14:11,115
You're licensed
for a gun on the premises, Mr. Serrano?
297
00:14:11,177 --> 00:14:14,317
Uh-huh. I bought it
about five, six years ago. I'm open late most nights.
298
00:14:14,380 --> 00:14:16,417
So you think
you're going to scare off a stick-up man with a .25?
299
00:14:16,483 --> 00:14:18,986
Nah. My wife made me
buy the damned thing.
300
00:14:19,052 --> 00:14:20,929
Personally, I'd rather
hand over a day's receipts
301
00:14:20,987 --> 00:14:22,728
than go
muzzle-to-muzzle with some crackhead.
302
00:14:22,789 --> 00:14:24,962
But hey,
it makes her feel better me having it.
303
00:14:25,024 --> 00:14:26,935
So when did this gun
go missing?
304
00:14:26,993 --> 00:14:28,666
Missing? Mmm-mmm.
It's right inside.
305
00:14:28,728 --> 00:14:30,469
I keep it locked up
under the register.
306
00:14:36,569 --> 00:14:37,707
It's gone.
307
00:14:37,904 --> 00:14:39,440
When's the last
time you saw it?
308
00:14:39,906 --> 00:14:41,408
Maybe two,
three weeks ago.
309
00:14:41,508 --> 00:14:43,044
Who else has access
to this drawer?
310
00:14:43,109 --> 00:14:44,383
What happened
with this gun?
311
00:14:44,444 --> 00:14:46,446
Who else has the key,
Mr. Serrano?
312
00:14:47,514 --> 00:14:48,686
Danny. My night manager.
313
00:14:48,848 --> 00:14:50,725
The one who wasn't
here Wednesday.
314
00:14:50,950 --> 00:14:52,952
All right.
You're coming with us till we straighten this out.
315
00:14:54,587 --> 00:14:55,827
I didn't take the gun.
316
00:14:55,889 --> 00:14:59,598
Your boss here says you were
the only other person who had the key, Danny.
317
00:14:59,659 --> 00:15:01,639
Plenty of people
could have picked up that key from somewhere.
318
00:15:01,694 --> 00:15:04,698
Now that wouldn't make you
a very good night manager, now would it?
319
00:15:04,864 --> 00:15:09,438
I go out of my way to give
you a job and now you got me jammed up behind this? Uh-uh!
320
00:15:09,669 --> 00:15:12,479
Where'd you get this
Don Bosco mug, Danny?
321
00:15:12,539 --> 00:15:13,916
SERRANO: He went
to high school there.
322
00:15:13,973 --> 00:15:15,577
You been over there recently?
323
00:15:15,808 --> 00:15:16,809
Why would I?
324
00:15:17,043 --> 00:15:19,080
How about to
go to confession?
325
00:15:20,280 --> 00:15:21,850
Not since
I was a kid.
326
00:15:22,081 --> 00:15:23,685
ED: You heard
about the priest who got shot over there, right?
327
00:15:23,750 --> 00:15:25,058
Look, I don't know
nothing about the priest.
328
00:15:25,118 --> 00:15:27,428
But you heard
about it, right?
329
00:15:28,988 --> 00:15:30,058
Yeah.
330
00:15:30,123 --> 00:15:34,162
BRISCOE: Well, it turns out
that priest was killed with the gun we're talking about.
331
00:15:34,260 --> 00:15:36,137
Your gun, your school, Danny.
332
00:15:36,429 --> 00:15:37,464
BRISCOE:
Now, the least you're looking at
333
00:15:37,530 --> 00:15:40,033
is a weapons possession
charge, kid.
334
00:15:42,735 --> 00:15:44,180
I'm going to lose my job.
335
00:15:44,437 --> 00:15:45,780
You already did.
336
00:15:45,972 --> 00:15:48,578
What we're talking
about now is jail time.
337
00:15:52,612 --> 00:15:54,057
I gave the gun
to my cousin, Angel.
338
00:15:54,147 --> 00:15:55,148
ED: Now, why would you
do that?
339
00:15:55,215 --> 00:15:56,285
He said he needed
something for protection.
340
00:15:56,349 --> 00:15:57,487
Protection from what?
341
00:15:57,550 --> 00:15:58,722
He wouldn't tell me!
342
00:15:59,052 --> 00:16:00,258
He just said
he needed the gun
343
00:16:00,320 --> 00:16:02,163
for a couple of days
and he'd bring it back.
344
00:16:02,222 --> 00:16:03,997
Does Angel
go to Don Bosco?
345
00:16:04,757 --> 00:16:05,758
No, he used to.
346
00:16:07,694 --> 00:16:09,503
Now he works up
at the boatyard.
347
00:16:12,332 --> 00:16:14,403
Angel Cabrera's worked
for me for about a year.
348
00:16:14,500 --> 00:16:15,911
You have any problems?
349
00:16:16,002 --> 00:16:17,140
He shows up.
350
00:16:17,570 --> 00:16:19,948
That's him,
working on that 19-footer.
351
00:16:26,813 --> 00:16:28,224
(HORN BLARING)
352
00:16:30,483 --> 00:16:31,621
(TRUCK HORN BLARING)
353
00:16:32,418 --> 00:16:34,728
Get your ass
back here, stupid!
354
00:16:36,856 --> 00:16:39,427
BRISCOE: We don't like it
when somebody runs, Angel.
355
00:16:39,559 --> 00:16:41,561
Kind of gets things
off on the wrong foot.
356
00:16:41,628 --> 00:16:42,971
I got a warrant, man.
357
00:16:43,029 --> 00:16:46,636
You want us to believe
you almost got yourself shot for a turnstile jump?
358
00:16:49,969 --> 00:16:51,880
Tell us about the gun
your cousin gave you, Angel.
359
00:16:53,439 --> 00:16:55,544
I lost it.
Yeah, we know.
360
00:16:55,608 --> 00:16:58,054
Somebody found it
on the 6-Train tracks.
361
00:16:58,111 --> 00:17:00,523
Must have fell out of
my pocket when I was changing cars.
362
00:17:00,613 --> 00:17:02,957
Now, this is after you
got off on 33rd Street?
363
00:17:03,383 --> 00:17:05,056
Man, I got no reason
to be down there.
364
00:17:05,118 --> 00:17:08,190
Well, here's the readout
from your MetroCard, Angel.
365
00:17:08,554 --> 00:17:12,798
It's got you entering the
33rd Street station at 7:42 p.m.
366
00:17:13,226 --> 00:17:15,001
Should have jumped
that turnstile.
367
00:17:24,170 --> 00:17:25,171
You go to church?
368
00:17:26,973 --> 00:17:28,350
My mother gave me that.
369
00:17:31,110 --> 00:17:32,145
What's your mother
going to think
370
00:17:32,211 --> 00:17:33,849
when she finds out
why we picked you up?
371
00:17:36,749 --> 00:17:38,626
Maybe we ought to
call her right now.
372
00:17:39,319 --> 00:17:40,992
Yo, I don't even
know that priest, man.
373
00:17:41,054 --> 00:17:42,499
ED: You know
Father Evans?
374
00:17:43,723 --> 00:17:47,796
Look, man.
Your mother put you in a really good Catholic school.
375
00:17:48,161 --> 00:17:49,697
She goes to church
every Sunday
376
00:17:49,762 --> 00:17:52,436
and prays for your soul
and this is how you repay her?
377
00:17:52,498 --> 00:17:54,739
She brought you up
believing that God forgives all sins,
378
00:17:54,801 --> 00:17:56,576
but you have
to cop to it first.
379
00:17:58,171 --> 00:18:00,777
Either way, we're going
to charge you with murder.
380
00:18:03,242 --> 00:18:04,243
I want a lawyer.
381
00:18:04,510 --> 00:18:05,511
You sure?
382
00:18:05,878 --> 00:18:08,950
Because once a lawyer
gets involved, it ain't between you and God anymore.
383
00:18:09,616 --> 00:18:11,220
I want a lawyer.
384
00:18:19,926 --> 00:18:23,635
Well, he was in one
of my classes, but that was over four years ago.
385
00:18:23,830 --> 00:18:25,935
And that was your
only contact with him?
386
00:18:26,065 --> 00:18:27,510
For the most part.
387
00:18:27,567 --> 00:18:30,013
Angel had
some problems around that time.
388
00:18:30,203 --> 00:18:31,443
What kind of problems?
389
00:18:31,504 --> 00:18:34,781
I'm sure
you already know. He was arrested a few times.
390
00:18:34,841 --> 00:18:37,185
BRISCOE:
And you helped him out of those situations?
391
00:18:37,343 --> 00:18:38,788
His mother
contacted me.
392
00:18:39,178 --> 00:18:41,852
I offered my advice
and support to him.
393
00:18:42,282 --> 00:18:45,695
Shooting you is kind
of a strange way for him to pay you back, isn't it?
394
00:18:48,087 --> 00:18:50,863
Then you believe
Angel's responsible for Father Grady's murder?
395
00:18:50,923 --> 00:18:52,095
We do.
396
00:18:52,191 --> 00:18:54,102
Any reason why Angel
would want you dead, Father?
397
00:18:54,594 --> 00:18:58,201
Oh, I'm sorry.
But I'm just not at liberty to talk about it.
398
00:18:58,631 --> 00:19:00,975
Kind of a strange answer,
Father.
399
00:19:02,835 --> 00:19:04,405
I really don't have
anything else to say.
400
00:19:04,470 --> 00:19:06,472
But you do know something
about what happened?
401
00:19:07,206 --> 00:19:09,584
Look, whatever your
relationship is with him,
402
00:19:09,642 --> 00:19:10,950
I'm sure there's a way
we can figure this out.
403
00:19:11,010 --> 00:19:13,320
Look, I'm sorry, Detective.
404
00:19:14,714 --> 00:19:16,625
But I'm a priest,
not a police officer.
405
00:19:17,884 --> 00:19:18,885
Excuse me.
406
00:19:25,191 --> 00:19:28,570
It's better to cut Cabrera
loose now than after some half-baked indictment.
407
00:19:28,628 --> 00:19:31,438
We got lucky on that,
the arraignment judge held him on the warrant.
408
00:19:32,698 --> 00:19:35,110
What's our take on this
priest's refusal to cooperate?
409
00:19:35,334 --> 00:19:38,645
Well, it sounds like Cabrera
must have told him something in confidence.
410
00:19:38,705 --> 00:19:40,241
Then he's relying
on privilege?
411
00:19:40,306 --> 00:19:43,913
Apparently, without claiming
he took this kid's confession.
412
00:19:44,310 --> 00:19:45,345
That makes
a difference?
413
00:19:45,411 --> 00:19:47,948
If this
was a formal confession, we'd be stopped in our tracks.
414
00:19:48,147 --> 00:19:51,754
Not every communication
between a cleric and a congregant is privileged.
415
00:19:52,185 --> 00:19:55,598
(EXHALES)
So it's not enough if the priest says it is?
416
00:19:55,655 --> 00:19:59,034
Privilege only attaches
when someone seeks spiritual counsel.
417
00:20:03,796 --> 00:20:07,869
So, if this priest
is tap dancing around this for whatever reason,
418
00:20:07,934 --> 00:20:10,312
maybe we have some leeway
to find out what was said.
419
00:20:10,536 --> 00:20:11,947
I'm not sure
I like the fact that we have so much
420
00:20:12,004 --> 00:20:13,881
wiggle room
in all of this.
421
00:20:14,240 --> 00:20:16,242
LEWIN:
What do we know about the nature of the conversation?
422
00:20:16,909 --> 00:20:19,651
So far we don't even know
what the circumstances were.
423
00:20:20,213 --> 00:20:22,591
LEWIN: Cabrera's mother
is the one who called this priest.
424
00:20:22,648 --> 00:20:23,649
Mmm-hmm.
425
00:20:24,150 --> 00:20:25,356
Let's find out why.
426
00:20:29,122 --> 00:20:31,898
Your son didn't appear for
court when he was arrested.
427
00:20:32,225 --> 00:20:34,728
He was afraid
to lose his job.
428
00:20:35,595 --> 00:20:37,768
Which is why I came
to speak to you, Mrs. Cabrera.
429
00:20:38,431 --> 00:20:41,275
Speak to me?
About what?
430
00:20:42,034 --> 00:20:43,843
Your son's been
doing pretty well.
431
00:20:44,070 --> 00:20:45,140
Yes.
432
00:20:45,438 --> 00:20:48,419
Only, now
we think he might have some information about a shooting,
433
00:20:48,941 --> 00:20:51,251
but so far
he's refused to tell us anything.
434
00:20:51,811 --> 00:20:53,848
My Angel is a good boy.
435
00:20:54,981 --> 00:20:56,688
That's what
Father Evans tells us.
436
00:20:57,049 --> 00:20:58,687
God bless that man.
437
00:20:58,751 --> 00:21:00,958
I don't know what
we'd do without him.
438
00:21:02,388 --> 00:21:04,959
So, Father Evans has
helped Angel before, then?
439
00:21:05,425 --> 00:21:06,961
Yeah, in high school.
440
00:21:08,728 --> 00:21:12,835
His father ran off.
My son took it very hard.
441
00:21:12,899 --> 00:21:13,934
I tried...
442
00:21:14,000 --> 00:21:16,139
But that's
when Angel started getting into trouble.
443
00:21:16,202 --> 00:21:19,809
Yeah. He began to have
problems in school and
444
00:21:20,907 --> 00:21:24,480
then there was
the stolen cars, shoplifting...
445
00:21:24,677 --> 00:21:26,623
So you called Father Evans?
446
00:21:27,580 --> 00:21:31,756
One night Angel comes home.
He's very scared.
447
00:21:31,951 --> 00:21:33,225
Scared about what?
448
00:21:33,386 --> 00:21:35,388
I think he saw
something happen.
449
00:21:36,489 --> 00:21:37,797
He would never tell me.
450
00:21:37,857 --> 00:21:39,768
I don't think he wanted
to frighten me.
451
00:21:39,826 --> 00:21:41,396
But you never knew
what this was about?
452
00:21:41,461 --> 00:21:44,999
No. All I know, is that
he was afraid to go out.
453
00:21:45,498 --> 00:21:48,809
And we started
getting these calls in the middle of the night.
454
00:21:49,202 --> 00:21:51,045
I finally disconnected
the phone.
455
00:21:51,304 --> 00:21:52,612
You didn't
call the police?
456
00:21:52,672 --> 00:21:54,652
No, I called Father Evans.
457
00:21:55,041 --> 00:21:58,284
He came to our apartment
and spoke to Angel.
458
00:21:59,178 --> 00:22:00,452
And nothing happened.
459
00:22:00,513 --> 00:22:01,787
Thank God.
460
00:22:02,114 --> 00:22:06,062
And ever since then,
Father Evans has always kept in touch with Angel.
461
00:22:07,320 --> 00:22:09,857
When was the last time
your son saw Father Evans?
462
00:22:09,922 --> 00:22:12,061
A few weeks ago, I think.
463
00:22:15,928 --> 00:22:17,032
MURPHY: Angel Cabrera?
464
00:22:17,096 --> 00:22:19,838
Hmm, there's one entry.
"Detective R. Murphy, 3-1 Precinct."
465
00:22:19,899 --> 00:22:21,503
He would have been 18
when you pulled his jacket.
466
00:22:21,601 --> 00:22:23,842
I worked a lot
of cases the past three years, Counselor.
467
00:22:23,903 --> 00:22:26,281
Well, what were you
working in October of '98?
468
00:22:26,339 --> 00:22:28,819
We have to save
our old memo books. Let me take a look.
469
00:22:28,874 --> 00:22:30,751
Well, his mother said she
had the phone disconnected.
470
00:22:30,810 --> 00:22:32,756
According to
the phone company, that was on the 11th.
471
00:22:32,812 --> 00:22:34,723
You pulled his jacket
on the 16th.
472
00:22:34,780 --> 00:22:36,054
Okay, looks like
I was working
473
00:22:36,115 --> 00:22:38,925
a couple of
residential break-ins with our Burglary Squad.
474
00:22:38,985 --> 00:22:40,157
Anything else?
475
00:22:40,219 --> 00:22:41,664
Uh, a homicide.
476
00:22:41,721 --> 00:22:44,201
The vic was a kid
named Samuel Landrum.
477
00:22:44,257 --> 00:22:46,168
Okay, yeah, here he is.
Angel Cabrera.
478
00:22:46,225 --> 00:22:48,227
Address. Phone disconnected.
That's right.
479
00:22:48,294 --> 00:22:49,671
Why were you trying
to contact him?
480
00:22:49,729 --> 00:22:52,573
We had a tip
he had some information. He's possibly an eyewitness.
481
00:22:52,932 --> 00:22:54,275
Did you ever
interview him?
482
00:22:54,333 --> 00:22:56,108
Doesn't look like
we ever did. Why not?
483
00:22:56,168 --> 00:22:58,910
Case was closed
with one collar on the 29th.
484
00:22:58,971 --> 00:23:00,575
Perp's name,
Freddie Ortega.
485
00:23:00,640 --> 00:23:03,814
And if I'm remembering right,
Ortega got convicted, he went upstate.
486
00:23:03,876 --> 00:23:05,253
Without Cabrera's
cooperation?
487
00:23:05,344 --> 00:23:08,188
Turns out we didn't need it.
We had a solid ID on Ortega.
488
00:23:08,247 --> 00:23:09,726
Then we found
a jacket in his closet
489
00:23:09,782 --> 00:23:12,160
with Landrum's blood on it
the day we grabbed him up.
490
00:23:13,719 --> 00:23:15,756
The victim was knifed
in Riverside Park.
491
00:23:15,855 --> 00:23:17,926
One group of kids beefing
with another group of kids
492
00:23:17,990 --> 00:23:19,401
over a bubble jacket.
493
00:23:19,458 --> 00:23:20,562
This year it's denim.
494
00:23:20,626 --> 00:23:22,003
But it just doesn't
make any sense, Jack.
495
00:23:22,061 --> 00:23:23,836
Why would Cabrera
want to kill Evans
496
00:23:23,896 --> 00:23:25,807
if all it was about was
his involvement as a witness?
497
00:23:25,865 --> 00:23:27,208
Have you talked
to Father Evans
498
00:23:27,266 --> 00:23:28,836
since you learned
about the Landrum case?
499
00:23:28,901 --> 00:23:30,778
No. He won't
take my phone calls.
500
00:23:31,737 --> 00:23:33,182
Drop a subpoena on him.
501
00:23:33,606 --> 00:23:34,812
On a priest?
502
00:23:34,874 --> 00:23:37,480
Cabrera's bound to be
cut loose at his next court appearance.
503
00:23:37,543 --> 00:23:39,955
I'd rather
not see him taking another shot at someone.
504
00:23:40,012 --> 00:23:41,457
Well, obviously,
this priest feels like
505
00:23:41,514 --> 00:23:43,755
he has a religious
obligation to stay silent.
506
00:23:43,816 --> 00:23:46,092
Question for us is,
is it a legal obligation?
507
00:23:46,152 --> 00:23:48,928
And we can't know that until
we get some information from him.
508
00:23:49,021 --> 00:23:51,661
Well, what if he won't answer
our questions in front of a grand jury?
509
00:23:51,724 --> 00:23:53,260
I mean,
would we really hold him in contempt?
510
00:23:53,326 --> 00:23:54,361
Not our call.
511
00:23:54,427 --> 00:23:56,134
Well, we're the ones
putting him in this position.
512
00:23:56,195 --> 00:23:58,505
Doctors, lawyers,
even priests.
513
00:23:58,564 --> 00:24:00,373
They don't get to
make their own rules.
514
00:24:00,433 --> 00:24:03,039
Sometimes the people that
they counsel get a free pass,
515
00:24:03,102 --> 00:24:05,742
but only in a narrow
set of circumstances.
516
00:24:07,139 --> 00:24:08,140
(EXHALES IN FRUSTRATION)
517
00:24:09,508 --> 00:24:11,044
I thought you were
brought up Catholic.
518
00:24:11,110 --> 00:24:13,454
Which is exactly why
I'm bending over backwards
519
00:24:13,512 --> 00:24:15,458
to treat this man
like any other witness.
520
00:24:17,316 --> 00:24:20,456
Just let me
try and talk to him again. Just give me one more chance.
521
00:24:20,720 --> 00:24:22,791
I'm not
looking for a fight. Take your best shot.
522
00:24:24,256 --> 00:24:25,428
Great.
523
00:24:26,425 --> 00:24:28,598
Only bring
a subpoena with you.
524
00:24:35,534 --> 00:24:37,980
Hi. I'm Serena Southerlyn,
from the D.A.'s office.
525
00:24:38,037 --> 00:24:39,983
I'm handling
the Cabrera case.
526
00:24:40,740 --> 00:24:43,584
I'd like to ask you a few
questions about him, Father.
527
00:24:44,910 --> 00:24:46,412
Well, I'm afraid
I can't help you.
528
00:24:46,479 --> 00:24:48,823
But you haven't
even heard what I want to speak with you about.
529
00:24:51,083 --> 00:24:53,962
I didn't mean
to be rude. Please.
530
00:24:55,087 --> 00:24:56,088
Thanks.
531
00:25:03,562 --> 00:25:05,633
I've already spoken
with Angel's mother.
532
00:25:07,566 --> 00:25:10,570
And with the detective
who investigated the Landrum murder.
533
00:25:13,139 --> 00:25:14,516
There's nothing I can add.
534
00:25:14,573 --> 00:25:16,484
Are you sure
there's nothing you're willing to say, Father?
535
00:25:16,542 --> 00:25:18,021
On or off the record?
536
00:25:20,613 --> 00:25:23,287
I'm very sorry, but no.
537
00:25:24,650 --> 00:25:26,960
I know you think what
you're doing is right.
538
00:25:29,221 --> 00:25:32,031
We're not
going to stop asking these questions.
539
00:25:37,463 --> 00:25:38,464
(SIGHS)
540
00:25:39,732 --> 00:25:43,407
This is a subpoena requiring
you to appear and give testimony before
541
00:25:43,469 --> 00:25:47,884
the grand jury
in the case of People against Angel Cabrera.
542
00:25:59,452 --> 00:26:03,662
The Archdiocese
views this as an abuse of your prosecutorial power.
543
00:26:04,256 --> 00:26:06,827
My office
is investigating the murder of a priest.
544
00:26:06,892 --> 00:26:10,465
And who more than the Church
would want his killer brought to justice?
545
00:26:10,596 --> 00:26:13,304
We all respect
religious privilege,
546
00:26:13,466 --> 00:26:16,242
but the law entitles us
to ask certain questions
547
00:26:16,402 --> 00:26:19,679
in order to determine whether
or not that privilege applies.
548
00:26:19,939 --> 00:26:22,215
He confided in a priest.
549
00:26:22,742 --> 00:26:24,619
What more do you
people need?
550
00:26:24,677 --> 00:26:26,953
Father Evans
never claimed it was confession.
551
00:26:27,413 --> 00:26:29,654
And Cabrera's mother
indicated that he was afraid,
552
00:26:29,715 --> 00:26:30,853
that he didn't know
what to do.
553
00:26:30,916 --> 00:26:35,262
Legal privilege wouldn't apply
if Cabrera were only seeking practical advice.
554
00:26:35,321 --> 00:26:38,165
The whole
purpose of privilege is to encourage people
555
00:26:38,224 --> 00:26:41,831
to seek guidance
from their clergy in an atmosphere of trust.
556
00:26:41,894 --> 00:26:44,465
You really want to be
splitting hairs on this?
557
00:26:45,331 --> 00:26:47,937
Unfortunately, it's
our job to split hairs.
558
00:26:48,000 --> 00:26:52,972
This priest
made a decision to keep a confidence.
559
00:26:53,973 --> 00:26:57,113
I'm asking you to
respect his decision.
560
00:26:57,176 --> 00:27:01,921
We're trying to.
But we can't do it without the cooperation of the priest.
561
00:27:07,219 --> 00:27:10,063
At some point
you're going to face the voters, Ms. Lewin.
562
00:27:10,122 --> 00:27:12,363
I don't think you want to
be known as the candidate
563
00:27:12,425 --> 00:27:14,268
who locked up a priest
because of his
564
00:27:14,960 --> 00:27:16,735
spiritual convictions.
565
00:27:17,029 --> 00:27:20,067
I certainly hope that's
not a threat, Mr. Mansfield.
566
00:27:20,132 --> 00:27:23,477
Because if it is, you might
want to consider your own position
567
00:27:23,569 --> 00:27:27,312
as someone
who's obstructing the investigation of a homicide.
568
00:27:29,475 --> 00:27:31,887
I really hope
you reconsider.
569
00:27:32,278 --> 00:27:33,279
Good day.
570
00:27:41,587 --> 00:27:42,588
(DOOR CLOSES)
571
00:27:43,989 --> 00:27:46,333
We're absolutely sure
there's no other way to do this?
572
00:27:46,492 --> 00:27:48,836
The only two people
who know anything won't talk to us.
573
00:27:49,228 --> 00:27:51,071
Unless we get
some information from Father Evans,
574
00:27:51,130 --> 00:27:52,575
we're working in the dark.
575
00:27:52,631 --> 00:27:54,804
Well, with everything that's
been happening in this city,
576
00:27:54,867 --> 00:27:57,609
are we sure
this is the right time to be challenging the Church?
577
00:28:00,206 --> 00:28:03,744
Angel Cabrera
wasn't the only one there when Landrum was murdered.
578
00:28:05,544 --> 00:28:07,114
Freddie Ortega
was there, too.
579
00:28:12,685 --> 00:28:14,187
ORTEGA:
Father Evans sent you?
580
00:28:14,453 --> 00:28:16,330
JACK: Why do you think that,
Mr. Ortega?
581
00:28:16,555 --> 00:28:18,364
Because he told me
he was going to help me.
582
00:28:19,058 --> 00:28:20,503
You're from
the D.A., right?
583
00:28:20,759 --> 00:28:22,136
Yeah. That's right.
584
00:28:22,294 --> 00:28:24,604
So, didn't he talk to you?
Isn't that how come you're here?
585
00:28:25,397 --> 00:28:27,377
We came here on our own.
586
00:28:28,868 --> 00:28:31,178
Maybe I should just let
Father Evans handle this.
587
00:28:31,237 --> 00:28:35,014
If you're looking for help,
I'd think you'd be eager to talk to us.
588
00:28:36,842 --> 00:28:37,843
(SIGHS)
589
00:28:38,410 --> 00:28:40,117
But Father Evans is
trying to get me out of here.
590
00:28:40,346 --> 00:28:41,620
Why would he
be doing that?
591
00:28:41,814 --> 00:28:43,452
Because he knows
I didn't kill nobody.
592
00:28:43,916 --> 00:28:45,418
JACK: A jury
thought otherwise.
593
00:28:46,185 --> 00:28:47,664
That's 'cause they
don't know everything.
594
00:28:47,786 --> 00:28:49,459
There was
a lot of people tussling out there, man.
595
00:28:49,521 --> 00:28:51,262
But I wasn't the one
who stabbed the kid.
596
00:28:51,357 --> 00:28:53,234
His blood was found
on your jacket.
597
00:28:53,292 --> 00:28:55,898
Because I helped carry him,
the fight was over by then.
598
00:28:56,662 --> 00:28:58,767
A person ID'd you
as the stabber.
599
00:28:59,098 --> 00:29:02,636
Oh, man, she only saw it after
when I was picking Sammie up off the ground.
600
00:29:03,869 --> 00:29:06,179
Look, Father Evans
knows I didn't do it.
601
00:29:07,072 --> 00:29:08,073
HOW?
602
00:29:08,374 --> 00:29:10,684
All he said
was that God knew the wrong person was in jail.
603
00:29:12,478 --> 00:29:13,718
When did he say this?
604
00:29:13,913 --> 00:29:15,085
He's been saying it.
605
00:29:15,147 --> 00:29:17,149
This whole time I been here,
he's been saying it.
606
00:29:17,750 --> 00:29:19,491
Look, you don't believe me,
I got his letters telling me
607
00:29:19,551 --> 00:29:20,757
to keep the faith
and everything.
608
00:29:20,819 --> 00:29:23,299
Then after
my appeal got squashed, that's when he came to see me.
609
00:29:24,256 --> 00:29:25,326
What did he tell you?
610
00:29:25,758 --> 00:29:27,465
He said that
he was going to get the guy who killed Sammie
611
00:29:27,526 --> 00:29:28,698
to go to the police.
612
00:29:28,761 --> 00:29:30,365
How did he
plan to do that?
613
00:29:30,996 --> 00:29:32,600
All he said was
that God would make sure
614
00:29:32,665 --> 00:29:34,645
that everything
would come out all right.
615
00:29:40,005 --> 00:29:41,348
So now we know.
616
00:29:41,407 --> 00:29:43,853
Cabrera wasn't
just an eyewitness, he was the murderer.
617
00:29:44,410 --> 00:29:47,823
Father Evans went into
high gear when Ortega's last appeal was denied.
618
00:29:47,880 --> 00:29:51,555
That's when he started making
personal visits to prison and to Cabrera.
619
00:29:51,817 --> 00:29:53,319
LEWIN: Trying to
get him to confess.
620
00:29:53,385 --> 00:29:54,386
Re-confess.
621
00:29:54,787 --> 00:29:58,064
So, if Cabrera thought
this priest was about to reveal his secret,
622
00:29:58,123 --> 00:30:00,034
he had plenty of
motive to kill him.
623
00:30:01,060 --> 00:30:02,733
What are we going
to do about Ortega?
624
00:30:03,162 --> 00:30:07,577
No judge is going to release
a convicted killer based on his self-serving statement.
625
00:30:09,635 --> 00:30:12,377
We need
Father Evans now more than ever.
626
00:30:21,313 --> 00:30:22,724
PAUL: Jack McCoy.
627
00:30:23,449 --> 00:30:25,019
Thanks for making
the time, Paul.
628
00:30:25,117 --> 00:30:27,825
How many years since
your last confession?
629
00:30:30,289 --> 00:30:32,496
How can I help the people
of the state of New York?
630
00:30:33,425 --> 00:30:35,029
We've got an issue
with a priest.
631
00:30:35,661 --> 00:30:38,198
Refusing to disclose
what someone told him.
632
00:30:38,530 --> 00:30:41,909
And you want to pick my brain
to see how you can twist the poor fellow's arm?
633
00:30:43,669 --> 00:30:46,206
Well, you're going to have
to tell me more than that, if you want my help.
634
00:30:46,271 --> 00:30:48,114
We think this kid
committed a crime.
635
00:30:48,173 --> 00:30:50,449
Then his mother called
this priest to talk to him.
636
00:30:51,343 --> 00:30:52,720
To give confession?
637
00:30:53,178 --> 00:30:55,590
The priest
is refusing to say one way or the other.
638
00:30:57,216 --> 00:30:58,991
Well, was the kid
asking forgiveness?
639
00:30:59,051 --> 00:31:01,395
Based on everything
we've learned so far,
640
00:31:01,453 --> 00:31:03,228
I'm guessing no.
641
00:31:04,556 --> 00:31:07,059
People go to confession
to seek forgiveness.
642
00:31:07,626 --> 00:31:10,573
To express regret for
whatever it is that they've done.
643
00:31:11,563 --> 00:31:12,769
I don't know of any priest
644
00:31:12,831 --> 00:31:15,368
who would absolve
a murderer without that.
645
00:31:15,701 --> 00:31:17,612
Or without their agreeing
to come forward to accept
646
00:31:17,670 --> 00:31:19,616
whatever punishment
he or she might deserve.
647
00:31:20,139 --> 00:31:23,712
Well, this kid is letting
an innocent man do his time for him.
648
00:31:23,776 --> 00:31:26,313
And he tried to kill
this priest to keep him quiet.
649
00:31:26,745 --> 00:31:28,281
The Grady case.
650
00:31:29,314 --> 00:31:33,558
A patient
threatens his shrink, a client threatens his lawyer,
651
00:31:35,487 --> 00:31:37,728
any confidentiality
there is gone.
652
00:31:38,657 --> 00:31:41,467
Religion and the law
don't always speak the same language.
653
00:31:43,028 --> 00:31:44,063
That being said,
654
00:31:44,129 --> 00:31:47,372
on these facts, I wouldn't
have much trouble revealing what he'd told me.
655
00:31:47,433 --> 00:31:49,777
So, what's stopping
this priest?
656
00:31:51,070 --> 00:31:52,674
He must still have hope.
657
00:31:54,006 --> 00:31:57,510
Hope that he can get this kid
to come forward and save his soul.
658
00:31:58,377 --> 00:32:00,948
Now my guess is, as long
as this priest has that hope,
659
00:32:02,014 --> 00:32:03,652
you won't get him
to talk.
660
00:32:05,584 --> 00:32:09,259
So my job is to take
his hope away from him.
661
00:32:11,657 --> 00:32:13,034
Don't worry, Jack.
662
00:32:13,458 --> 00:32:15,301
I'll still put in
a good word for you.
663
00:32:19,031 --> 00:32:20,669
SERENA: "I know
you didn't kill anyone.
664
00:32:20,866 --> 00:32:23,676
"You're a victim
of a terrible miscarriage of justice.
665
00:32:23,836 --> 00:32:26,510
"But you must have faith
in the Lord and not lose hope.
666
00:32:27,306 --> 00:32:30,378
"I'll do everything in
my power as servant of His Church
667
00:32:30,509 --> 00:32:32,045
"to fight
for your freedom."
668
00:32:32,144 --> 00:32:34,021
That was
personal correspondence.
669
00:32:34,113 --> 00:32:36,719
Which Mr. Ortega
consensually provided.
670
00:32:43,555 --> 00:32:45,330
Now that you know,
671
00:32:46,158 --> 00:32:47,364
can't you help him?
672
00:32:47,426 --> 00:32:49,804
The court's
not just going to take his word for it, Father.
673
00:32:49,928 --> 00:32:51,908
I can't reveal
what Angel told me.
674
00:32:52,331 --> 00:32:53,708
You've done what
you could for this kid.
675
00:32:53,766 --> 00:32:55,143
He's not going
to come forward.
676
00:32:55,701 --> 00:32:57,977
Father Grady's murder
is proof of that.
677
00:32:59,438 --> 00:33:01,247
So there's nothing I can say.
678
00:33:01,306 --> 00:33:05,379
Well, if you can't repeat what
he told you, at least give us some background information.
679
00:33:06,211 --> 00:33:07,690
How would that help you?
680
00:33:08,013 --> 00:33:10,493
Well, if we can understand
the circumstances of his statements...
681
00:33:10,549 --> 00:33:11,550
No!
682
00:33:13,085 --> 00:33:14,155
You're looking
for loopholes.
683
00:33:14,219 --> 00:33:15,527
We're looking
for the truth.
684
00:33:15,587 --> 00:33:19,364
Angel Cabrera
bared his soul to me as Christ's intermediary.
685
00:33:19,525 --> 00:33:22,267
In his apartment,
not in a church.
686
00:33:22,327 --> 00:33:23,670
Oh, come on, Mr. McCoy.
687
00:33:23,729 --> 00:33:25,834
You know what
I'm talking about, Father.
688
00:33:25,898 --> 00:33:28,811
He believed
he was speaking to me under a seal of secrecy.
689
00:33:28,901 --> 00:33:31,609
Did he ask your advice
about what he should do?
690
00:33:32,504 --> 00:33:33,949
Of course.
Legal advice?
691
00:33:34,640 --> 00:33:36,620
This wasn't
a legal consultation.
692
00:33:36,675 --> 00:33:38,086
Did you offer
him absolution?
693
00:33:38,143 --> 00:33:39,349
This is wrong.
694
00:33:39,411 --> 00:33:40,754
How about
an act of contrition?
695
00:33:40,812 --> 00:33:44,191
If he were a Jew and I was
a Rabbi, you wouldn't even be asking these things.
696
00:33:44,249 --> 00:33:47,492
Maybe not. But we'd be
asking different things.
697
00:33:47,920 --> 00:33:49,160
Oh, I see.
698
00:33:49,721 --> 00:33:52,895
So it isn't
a home run because we didn't touch all the bases.
699
00:33:52,958 --> 00:33:55,461
If his
statements weren't spiritually motivated,
700
00:33:55,527 --> 00:33:58,098
you are
allowed to testify about what was said.
701
00:33:58,163 --> 00:34:00,609
I'm not supposed to be
looking for technicalities.
702
00:34:01,733 --> 00:34:03,269
Don't you think
I want to help you?
703
00:34:05,370 --> 00:34:06,371
I just can't.
704
00:34:12,611 --> 00:34:14,318
One more push,
we could have him.
705
00:34:14,379 --> 00:34:15,483
Or lose him.
706
00:34:15,547 --> 00:34:18,619
Mr. McCoy. Dana Bauer.
707
00:34:19,718 --> 00:34:21,755
I've been assigned to
represent Angel Cabrera.
708
00:34:22,621 --> 00:34:24,191
On a turnstile jump?
709
00:34:24,256 --> 00:34:27,032
I think we all know
a murder indictment's coming down the pike.
710
00:34:27,159 --> 00:34:28,263
JACK: Do we?
711
00:34:28,327 --> 00:34:30,603
I also know you've been
speaking to Father Evans.
712
00:34:31,663 --> 00:34:33,734
You don't have to tell me,
I'll save you the trouble.
713
00:34:34,399 --> 00:34:36,401
This is a motion to
preclude any and all statements
714
00:34:36,468 --> 00:34:38,539
my client made
to Father Evans.
715
00:34:39,204 --> 00:34:40,274
Enjoy your day.
716
00:34:46,745 --> 00:34:48,782
Anything my client
said to Father Evans
717
00:34:48,847 --> 00:34:51,088
during the visit to
his apartment in 1998
718
00:34:51,149 --> 00:34:53,390
is inadmissible
hearsay evidence.
719
00:34:53,452 --> 00:34:56,661
Even if I find
the clergy-congregant privilege doesn't apply here?
720
00:34:56,722 --> 00:34:58,724
That's right, Judge.
In this situation,
721
00:34:58,790 --> 00:35:00,895
the hearsay rule
would bar the statement,
722
00:35:00,959 --> 00:35:02,666
even if the
privilege wouldn't.
723
00:35:02,728 --> 00:35:06,266
Mr. Cabrera's statement was
a declaration against his penal interest.
724
00:35:06,331 --> 00:35:08,743
It's admissible
under an exception to the hearsay rule.
725
00:35:09,067 --> 00:35:11,172
Mr. McCoy's forgetting
that Mr. Cabrera
726
00:35:11,236 --> 00:35:14,115
thought he was speaking
to Father Evans in confidence.
727
00:35:14,439 --> 00:35:16,476
Since he didn't
believe his words would ever be revealed,
728
00:35:16,542 --> 00:35:18,249
they weren't
against his interest.
729
00:35:19,945 --> 00:35:21,049
Counselors?
730
00:35:21,113 --> 00:35:22,956
People v. Robinson,
Your Honor.
731
00:35:23,415 --> 00:35:28,865
Robinson is a fail-safe remedy
available when the hearsay rule violates due process.
732
00:35:29,321 --> 00:35:31,301
Father Evans'
testimony will establish
733
00:35:31,356 --> 00:35:34,462
that an innocent man
is serving a life sentence.
734
00:35:34,760 --> 00:35:36,797
If that is
not a violation of due process,
735
00:35:36,862 --> 00:35:38,068
I don't know what is.
736
00:35:38,130 --> 00:35:40,633
But Mr. Cabrera's the one
who's being prosecuted here.
737
00:35:40,699 --> 00:35:43,543
This remedy
was not carved out for the benefit of a third party.
738
00:35:43,602 --> 00:35:45,843
It shouldn't matter whose
name is in the caption, Judge.
739
00:35:45,904 --> 00:35:47,645
If Robinson
says anything,
740
00:35:47,739 --> 00:35:50,549
it's that you cannot look
at the hearsay rule in a vacuum.
741
00:35:51,376 --> 00:35:53,083
I have to agree, Ms. Bauer.
742
00:35:53,145 --> 00:35:55,352
Provided Father Evans
will, in fact, testify
743
00:35:55,414 --> 00:35:57,360
that Mr. Cabrera
made a confession.
744
00:35:57,416 --> 00:36:00,022
If he takes the stand,
that's what we anticipate he'll say.
745
00:36:00,185 --> 00:36:01,858
Anticipate, Mr. McCoy?
746
00:36:02,187 --> 00:36:05,066
He hasn't
revealed the substance of Mr. Cabrera's statement to us.
747
00:36:05,257 --> 00:36:08,704
I'm not allowing this priest
in front of a jury if he's going to balk
748
00:36:08,760 --> 00:36:10,535
when he gets to
the moment of truth.
749
00:36:10,595 --> 00:36:13,804
That's a not-so-subtle
hint to the jury that Mr. Cabrera's guilty.
750
00:36:14,232 --> 00:36:17,270
What if we produce
Father Evans as an offer of proof?
751
00:36:17,369 --> 00:36:20,009
Fine, but the man's going
to have to make up his mind,
752
00:36:20,072 --> 00:36:21,346
one way or the other.
753
00:36:26,011 --> 00:36:28,548
I just called Father Evans
to tell him about the hearing.
754
00:36:29,047 --> 00:36:30,321
JACK: How did he take it?
755
00:36:30,682 --> 00:36:33,891
Well, he thanked me for not
showing up at his door with another subpoena.
756
00:36:34,186 --> 00:36:35,688
Any read on what
he's going to do?
757
00:36:36,722 --> 00:36:38,258
I don't think
he knows himself.
758
00:36:39,157 --> 00:36:40,158
(KNOCK ON DOOR)
759
00:36:40,259 --> 00:36:42,603
Mr. McCoy?
Bishop Durning.
760
00:36:47,099 --> 00:36:48,772
May I speak
with you privately?
761
00:36:50,001 --> 00:36:51,446
I have a few calls
to make.
762
00:36:54,506 --> 00:36:55,507
Please.
763
00:36:57,376 --> 00:36:59,185
I take it
this is about Father Evans?
764
00:37:01,179 --> 00:37:04,422
It's my understanding that
you still intend to call him to testify.
765
00:37:05,984 --> 00:37:07,520
It's the only way
we can prove
766
00:37:07,586 --> 00:37:10,226
one defendant's guilt
and another's innocence.
767
00:37:10,589 --> 00:37:13,729
No one is trying
to subvert the ends of justice, Mr. McCoy.
768
00:37:13,792 --> 00:37:15,362
Certainly not the Church.
769
00:37:15,694 --> 00:37:18,868
But your decision
puts Father Evans in an untenable position.
770
00:37:19,531 --> 00:37:22,410
I'm sympathetic with that.
Father Evans doesn't want to talk to us.
771
00:37:22,934 --> 00:37:24,709
But he must talk to us.
772
00:37:25,137 --> 00:37:27,242
This is one
of those situations
773
00:37:27,305 --> 00:37:30,343
where the ends of religion
and the ends of justice don't coincide.
774
00:37:30,876 --> 00:37:34,653
Isn't the job of saving souls
more important than punishing them?
775
00:37:35,514 --> 00:37:37,858
Catholic, Muslim, Jew.
A man's
776
00:37:38,417 --> 00:37:40,727
private communication
with his spiritual advisor
777
00:37:40,786 --> 00:37:42,788
is none of the
government's business.
778
00:37:43,555 --> 00:37:46,468
It's away for people
to reach out to God,
779
00:37:47,425 --> 00:37:50,338
to seek out
His compassion and forgiveness.
780
00:37:51,029 --> 00:37:54,203
I'm not sure Mr. Cabrera
was seeking forgiveness.
781
00:37:54,633 --> 00:37:56,135
And who makes that call?
782
00:37:56,401 --> 00:37:59,211
In this building,
the court does.
783
00:38:01,840 --> 00:38:03,842
If Father Evans
refuses to testify,
784
00:38:03,909 --> 00:38:05,320
the court could
hold him in contempt.
785
00:38:06,278 --> 00:38:09,782
If he violates his conscience
or the precepts of the Church,
786
00:38:10,782 --> 00:38:12,819
there may also
be consequences.
787
00:38:14,853 --> 00:38:17,857
Either case,
it's no place to be.
788
00:38:21,927 --> 00:38:25,204
Find another way, Mr. McCoy
For all our sakes.
789
00:38:37,008 --> 00:38:38,954
JACK: First you go down
on the murder in the church.
790
00:38:39,010 --> 00:38:40,614
That's 25-to-life.
791
00:38:41,580 --> 00:38:43,491
Then we try you
for the Landrum murder.
792
00:38:43,548 --> 00:38:45,221
That's another 25.
793
00:38:47,319 --> 00:38:48,559
What's the offer?
794
00:38:48,620 --> 00:38:51,533
He pleads to both,
20-to-life concurrent.
795
00:38:52,958 --> 00:38:55,404
Fifteen and we've got
something to talk about.
796
00:38:59,798 --> 00:39:01,038
Fifteen.
797
00:39:02,901 --> 00:39:03,902
Angel?
798
00:39:05,303 --> 00:39:08,307
All this depends on whether
Father Evans gives me up, right?
799
00:39:09,141 --> 00:39:10,848
Fifteen is
better than 50, Angel.
800
00:39:10,942 --> 00:39:13,013
And zero's
better than both.
801
00:39:13,745 --> 00:39:15,486
I don't think he's going to
testify against me.
802
00:39:15,947 --> 00:39:17,984
Well, then why did
you try to kill him?
803
00:39:22,087 --> 00:39:24,567
If he was going to talk,
he would've done it already.
804
00:39:24,623 --> 00:39:26,694
And if you're so sure
that he's going to go to court at all,
805
00:39:26,758 --> 00:39:28,795
you wouldn't be trying
to get me to cop out now.
806
00:39:28,860 --> 00:39:30,498
Yes or no, Mr. Cabrera?
807
00:39:32,931 --> 00:39:34,535
Let's leave it
in God's hands.
808
00:39:40,405 --> 00:39:43,648
I didn't hold out
much hope Angel would accept a plea bargain.
809
00:39:45,677 --> 00:39:47,816
I was never able
to reach him either.
810
00:39:51,016 --> 00:39:52,859
I went
as far as I could.
811
00:39:55,120 --> 00:39:56,394
And I thank you for that.
812
00:40:00,692 --> 00:40:02,569
I accepted
this calling because
813
00:40:03,829 --> 00:40:05,365
I wanted to
make a difference,
814
00:40:06,865 --> 00:40:08,401
to teach and minister
to young people,
815
00:40:08,467 --> 00:40:11,471
to offer solace and hope.
816
00:40:15,040 --> 00:40:17,020
If there was
another way...
817
00:40:20,645 --> 00:40:22,352
Suppose, as a lawyer,
818
00:40:23,248 --> 00:40:25,250
you held a client's
confidence,
819
00:40:26,785 --> 00:40:30,358
a secret you felt
morally bound to reveal.
820
00:40:34,225 --> 00:40:36,637
Would you violate your oath?
821
00:40:36,695 --> 00:40:38,572
If I felt morally bound,
822
00:40:40,799 --> 00:40:43,541
I'd like to think I'd
follow my conscience, yes.
823
00:40:44,469 --> 00:40:47,643
You'd be willing to accept the
consequences of your decision?
824
00:40:50,909 --> 00:40:53,549
It doesn't concern you
that your life is in danger?
825
00:40:53,612 --> 00:40:54,613
Of course it does.
826
00:40:57,816 --> 00:41:00,194
But if I let reason
persuade me in this,
827
00:41:01,219 --> 00:41:02,721
then my soul
is in danger.
828
00:41:02,954 --> 00:41:05,560
It's noble of you to
defend the ideal, Father,
829
00:41:06,391 --> 00:41:09,133
that you can get
Angel Cabrera to come forward.
830
00:41:12,998 --> 00:41:14,534
But when he
came after you,
831
00:41:15,400 --> 00:41:18,404
when he murdered another
priest to keep the secret,
832
00:41:19,604 --> 00:41:21,413
he rejected the ideal.
833
00:41:23,975 --> 00:41:27,650
You and I both know
there's such a thing as evil in the world, Father.
834
00:41:29,481 --> 00:41:32,121
People out there
I still might be able to help.
835
00:41:35,453 --> 00:41:37,694
If I choose to make
a personal decision
836
00:41:39,657 --> 00:41:41,603
and reveal
this confidence,
837
00:41:42,527 --> 00:41:44,598
my usefulness as a priest
838
00:41:46,798 --> 00:41:48,539
will be compromised forever.
839
00:42:02,914 --> 00:42:05,952
I received
a phone call from Mrs. Cabrera.
840
00:42:06,484 --> 00:42:08,930
She said Angel was
in some kind of trouble
841
00:42:09,054 --> 00:42:10,965
and she begged me
to come right over.
842
00:42:12,624 --> 00:42:14,797
What did you observe
when you arrived?
843
00:42:14,859 --> 00:42:17,430
Mrs. Cabrera was in
a state of agitation.
844
00:42:17,562 --> 00:42:20,270
She asked me to go into
Angel's bedroom and speak to him.
845
00:42:21,266 --> 00:42:22,267
I went in.
846
00:42:23,034 --> 00:42:25,810
Angel was on his bed,
he was crying.
847
00:42:26,771 --> 00:42:29,149
There was dried blood on
the sleeve of his sweatshirt.
848
00:42:29,641 --> 00:42:30,984
What happened next?
849
00:42:31,810 --> 00:42:33,517
I asked him if
he was all right,
850
00:42:33,578 --> 00:42:36,115
if he was hurt.
He said he was okay, but
851
00:42:37,616 --> 00:42:39,095
that he had something
to tell me.
852
00:42:40,118 --> 00:42:41,119
What did he say?
853
00:42:43,621 --> 00:42:45,658
That he had done
something terrible.
854
00:42:46,458 --> 00:42:48,131
That he stabbed
another boy in the park.
855
00:42:49,627 --> 00:42:51,129
Anything else?
856
00:42:51,696 --> 00:42:52,902
He asked me
what he should do.
857
00:42:52,998 --> 00:42:54,705
I told him there was
only one thing to do,
858
00:42:54,766 --> 00:42:56,746
that he should turn
himself in to the police
859
00:42:57,969 --> 00:42:59,539
and if he did that,
860
00:43:00,105 --> 00:43:01,812
God would always stand
by him.
861
00:43:02,507 --> 00:43:04,487
Did he agree to do this?
862
00:43:07,379 --> 00:43:08,380
He did not.
863
00:43:09,280 --> 00:43:13,285
Did Mr. Cabrera ever
ask for forgiveness?
864
00:43:18,490 --> 00:43:19,491
No, he did not.
865
00:43:23,561 --> 00:43:25,165
Nothing further.
866
00:43:35,540 --> 00:43:36,814
Cross, Miss Bauer?
867
00:43:38,143 --> 00:43:40,919
Your Honor,
there was a plea bargain
868
00:43:40,979 --> 00:43:42,890
previously offered
to my client.
869
00:43:45,150 --> 00:43:46,754
Is that 15-to-life
still open?
870
00:43:54,092 --> 00:43:55,435
Times two.
871
00:44:01,366 --> 00:44:04,870
Angel, I'm sorry
I failed you, son.
872
00:44:19,217 --> 00:44:21,128
SERENA:
I asked Father Evans if he wanted to be there
873
00:44:21,186 --> 00:44:22,722
when the judge
released Ortega.
874
00:44:23,655 --> 00:44:25,396
I see he declined.
875
00:44:27,192 --> 00:44:29,194
JACK:
Other things on his mind.
876
00:44:39,804 --> 00:44:43,718
Two murder convictions
and the vindication of an innocent man, Jack.
877
00:44:43,768 --> 00:44:48,318
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