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In the criminal justice system
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00:00:03,103 --> 00:00:06,971
the people are represented by two
separate yet equally important groups,
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00:00:07,040 --> 00:00:08,838
the police who investigate crime
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00:00:08,909 --> 00:00:11,674
and the district attorneys
who prosecute the offenders.
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These are their stories.
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Honey?
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Oh, my God. Philip!
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Help me! Help!
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DOA's Philip Messick, 55.
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Guy put up a good fight.
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Who called it in?
Upstairs neighbor.
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He heard the wife screaming.
How is the wife?
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00:01:04,631 --> 00:01:07,828
Stabbed multiple times. Circling
the drain at Roosevelt ICU.
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They tossed the place
pretty good.
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00:01:09,269 --> 00:01:10,880
Hey, did the neighbor hear
anything past the screaming?
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Yeah. A car screech away.
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00:01:12,372 --> 00:01:13,965
Robbery gone bad.
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Our DOA kept some
interesting company.
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The guy he's with in this
picture is John Vitale,
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a made member of the Gambinos.
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So, we're looking for somebody stupid
enough to rip off a mob associate?
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Or cover up a mob hit.
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She was in acute hemorrhagic
shock when they wheeled her in.
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Thought for sure
we'd be calling it.
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Did she say anything at all?
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Not to me, but my concern was
getting her on the table.
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She was down a liter of blood with
eight deep, penetrating wounds.
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00:02:32,653 --> 00:02:34,087
But it was her lucky day.
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Deep cuts missed the majors.
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Well, whoever did this thought they
were tying up all the loose ends.
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00:02:38,291 --> 00:02:40,225
Well, they didn't.
She's conscious.
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Stabilized faster than I thought she would.
That's why I called.
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Thank you, Doctor,
we appreciate it.
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Just take it easy.
Room's getting crowded.
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Who's in there? One of yours.
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Got here 20 minutes ago.
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Hey, fellows. Bob Cerullo.
Friend of the family.
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How you doing, man?
You on the job?
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Retired out of the 74.
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00:03:00,647 --> 00:03:03,309
Listen, if she's able, we'd like
to ask her a few questions.
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00:03:03,383 --> 00:03:04,748
So, if you can
give us some time...
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Can he stay?
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Okay. That's fine.
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00:03:13,060 --> 00:03:16,792
Mrs. Messick, do you know
the men who did this to you?
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No.
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Did you get a good look at them?
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White, twenties.
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00:03:24,604 --> 00:03:26,197
Did you get
a good look at a face?
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00:03:27,474 --> 00:03:29,670
One of them, pretty good.
50
00:03:30,010 --> 00:03:32,775
Would you recognize him
if you saw him again?
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00:03:34,481 --> 00:03:36,813
Do you think that your husband
may have known the men?
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00:03:37,350 --> 00:03:38,613
No.
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00:03:39,352 --> 00:03:41,878
Phil was everybody's friend.
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They were married 15 years.
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You know, maybe she's
not up to this, yet.
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00:03:49,229 --> 00:03:52,790
We have just one more question,
and we'll be on our way.
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00:03:55,769 --> 00:03:58,397
Does the name John Vitale
mean anything to you?
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They grew up together.
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00:04:01,975 --> 00:04:03,966
You mean her husband
and John Vitale?
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00:04:04,044 --> 00:04:05,512
In Bensonhurst.
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00:04:06,713 --> 00:04:08,977
Johnny wouldn't do this.
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00:04:09,916 --> 00:04:12,180
Thank you, Mrs. Messick.
We'll be in touch.
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00:04:15,922 --> 00:04:17,788
You looking at wiseguys
for this?
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00:04:17,858 --> 00:04:19,383
No, we're just
asking the question.
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00:04:19,459 --> 00:04:21,257
Phil Messick wasn't hooked up.
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00:04:21,328 --> 00:04:23,639
Well, why do you suppose he's
hanging around with connected guys?
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00:04:23,663 --> 00:04:26,496
Like I said, he grew up with
guys who went in that direction.
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00:04:26,566 --> 00:04:28,500
Other guys went straight.
Like myself.
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00:04:28,568 --> 00:04:29,865
You two go way back?
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00:04:29,936 --> 00:04:32,928
Grade school. And if you went
down his block, or mine,
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00:04:33,006 --> 00:04:35,771
at one house, everybody
went to the police academy.
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At the next,
they're all criminals.
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00:04:37,778 --> 00:04:38,870
My life story.
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00:04:38,945 --> 00:04:40,106
What did Messick go into?
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00:04:40,180 --> 00:04:41,944
Accounting. CPA.
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00:04:42,549 --> 00:04:46,213
He was a square.
A good guy. A decent guy.
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00:04:47,354 --> 00:04:49,254
List of stolen goods from
the insurance company.
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00:04:49,322 --> 00:04:52,587
Household electronics, stereo,
computer, flat-panel TV.
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00:04:52,659 --> 00:04:54,423
Anything past theft for motive?
80
00:04:54,494 --> 00:04:56,986
We're looking into some of his
friends and business associates.
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00:04:57,063 --> 00:04:58,588
He knew some
very interesting people.
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00:04:58,665 --> 00:05:01,896
He was an accountant for Kenny
Genovese and John Vitale.
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00:05:01,968 --> 00:05:04,369
Gambino family,
mid-level workers.
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00:05:04,437 --> 00:05:06,303
You thinking a possible hit?
85
00:05:06,373 --> 00:05:08,467
With robbery as a cover-up.
It's worth considering.
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00:05:08,542 --> 00:05:11,120
Well, on the other hand, Messick grew
up with these dudes in Bensonhurst,
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00:05:11,144 --> 00:05:12,755
and he could have
just been their accountant.
88
00:05:12,779 --> 00:05:14,406
Did he live like a gangster?
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00:05:14,481 --> 00:05:16,415
He lived decent, not outrageous.
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00:05:16,483 --> 00:05:17,927
I mean, he's been married
for 15 years,
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00:05:17,951 --> 00:05:20,147
and most mobsters
don't leave witnesses behind.
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00:05:20,220 --> 00:05:22,279
Yeah, a witness
they thought they killed.
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00:05:22,355 --> 00:05:24,050
Listen, go to Messick's funeral.
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See who his friends were. And take
Ostrover from Organized Crime.
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00:05:30,864 --> 00:05:32,593
Ray Antonelli.
He's with the Gambinos.
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00:05:32,666 --> 00:05:34,065
Used to handle
some loansharking.
97
00:05:34,134 --> 00:05:36,262
But he's out of the game,
to a large extent.
98
00:05:36,336 --> 00:05:38,395
Pauly Wilson. Does
collections up in the Bronx,
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00:05:38,471 --> 00:05:40,803
under the guise
of running a dry-cleaners.
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00:05:41,174 --> 00:05:42,869
Quite a send-off
for an accountant.
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00:05:43,176 --> 00:05:45,406
Messick and the Gambino crew
seem to be pals.
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00:05:45,812 --> 00:05:48,304
Did you ever hear of him
burning anybody? Anything like that?
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00:05:48,381 --> 00:05:51,180
We were surprised by the murder.
There was no warning.
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00:05:51,251 --> 00:05:54,118
The guy in the pinstripes,
on the top of the stairs?
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00:05:54,621 --> 00:05:56,555
He worked OC for two years.
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00:05:56,623 --> 00:05:59,524
That's Bob Cerullo. He said he
was a friend of the family.
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00:05:59,860 --> 00:06:02,090
How friendly do you think
he was with the Gambinos?
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00:06:02,562 --> 00:06:04,496
He grew up with a lot of
guys that got made.
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00:06:04,564 --> 00:06:06,564
Gave him an inside edge
when we were tracking dirt.
110
00:06:07,601 --> 00:06:10,229
Hey, do you have any Gambino
associates on the arm?
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00:06:10,303 --> 00:06:14,365
We're looking for an interaction between
Messick and the Gambino family.
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00:06:15,041 --> 00:06:16,509
Greg Muggio-
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He just got nailed for
running a Ponzi scheme
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that cost 1,000 retirees
their life savings.
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Where's he locked up?
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00:06:22,315 --> 00:06:24,010
He's out on bail,
awaiting trial.
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00:06:24,084 --> 00:06:25,950
But he's inclined to be chatty.
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Anything to reduce the time
he knows he's gonna do.
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00:06:32,459 --> 00:06:34,223
I'm in the rag trade, legit.
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00:06:34,294 --> 00:06:37,389
When Messick did my returns,
the IRS audits stopped.
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00:06:37,697 --> 00:06:38,755
Guy was a genius.
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00:06:38,832 --> 00:06:41,028
A genius at what?
Cleaning dirty money?
123
00:06:41,101 --> 00:06:43,001
Messick was on the up-and-up.
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00:06:43,069 --> 00:06:45,128
That's why me and
the guys went to him.
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00:06:45,205 --> 00:06:48,175
And he didn't make any mistakes that
would lead to him getting carved up?
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00:06:48,241 --> 00:06:50,039
Messick didn't screw up.
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00:06:50,110 --> 00:06:51,771
He didn't take anybody's money.
128
00:06:51,845 --> 00:06:54,837
He didn't bang the wrong girl.
He didn't rat anybody out.
129
00:06:54,915 --> 00:06:56,474
His murder was a tragedy.
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00:06:57,083 --> 00:06:58,608
Whoever did it,
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00:06:58,685 --> 00:07:01,950
you cops better hope
you get to them first.
132
00:07:03,957 --> 00:07:06,153
Hey, hey. Don't
take off your coats.
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00:07:06,226 --> 00:07:09,560
Messick's stolen property showed
up at a pawn shop on Rivington,
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00:07:09,629 --> 00:07:13,588
and they found a clean set of bloody prints
that came back to a Darrell Dennehy.
135
00:07:13,667 --> 00:07:16,178
He's got a long sheet, but it's
mostly burglaries and trespassing.
136
00:07:16,202 --> 00:07:17,363
There's nothing violent.
137
00:07:17,437 --> 00:07:18,529
He stepped up his game.
138
00:07:18,605 --> 00:07:19,805
Do you have an address? Bogus.
139
00:07:19,873 --> 00:07:21,500
But his PO's waiting to see you.
140
00:07:21,574 --> 00:07:22,735
All right.
141
00:07:25,412 --> 00:07:28,177
Dennehy's been regular to his
report day the last two weeks.
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00:07:28,248 --> 00:07:30,114
Failed his drug screen
both times.
143
00:07:30,183 --> 00:07:32,550
No record of employment
or proof of applying for same.
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00:07:32,619 --> 00:07:34,383
Hey, when's his next visit?
145
00:07:35,188 --> 00:07:37,623
In four hours.
My guess, he'll show.
146
00:07:37,691 --> 00:07:39,101
He knows he has to
pass his drug test.
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00:07:39,125 --> 00:07:41,287
Three failures means
a bus back upstate.
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00:07:44,397 --> 00:07:46,593
- Darrell Dennehy? Come here.
- What?
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00:07:46,666 --> 00:07:48,794
Come here! Whoa. What did I do?
150
00:07:48,868 --> 00:07:49,926
Legs! What did I do?
151
00:07:50,003 --> 00:07:51,630
We'll talk about it
at the station.
152
00:07:51,705 --> 00:07:54,072
Guys, if is this about the
drug test, I got another shot.
153
00:07:54,140 --> 00:07:56,575
You think we came here because
you failed a piss test?
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00:07:57,243 --> 00:08:01,271
Where were you
Thursday night at 7:00?
155
00:08:01,348 --> 00:08:02,577
Ow.
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00:08:03,616 --> 00:08:05,728
Did you hear him? Or was that
question too tough for you?
157
00:08:05,752 --> 00:08:08,744
I don't remember where I was this
morning, let alone Thursday.
158
00:08:08,822 --> 00:08:10,620
Were you on the Upper West Side?
159
00:08:11,124 --> 00:08:12,956
I can't remember that.
160
00:08:13,026 --> 00:08:15,495
Do you know a man named Philip
Messick, or his wife Valerie?
161
00:08:15,895 --> 00:08:17,090
Can't say that I do. No.
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00:08:17,163 --> 00:08:20,929
Interesting. So, how did your bloody
fingerprint end up on their stereo receiver?
163
00:08:22,969 --> 00:08:26,462
In Messick's blood, no less. Now, how the
hell would a thing like that happen?
164
00:08:27,974 --> 00:08:29,942
I picked that stereo
up off the street.
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00:08:31,511 --> 00:08:33,422
Hey, that's good answer. So,
maybe you can explain to us
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00:08:33,446 --> 00:08:37,144
how your shoeprint ended up all over their
brownstone? Was that your evil twin?
167
00:08:38,284 --> 00:08:39,595
You don't have
the sheet of a killer,
168
00:08:39,619 --> 00:08:41,610
and you don't have that
killer look in your eye.
169
00:08:41,688 --> 00:08:44,555
And we know that there were two
of you in that brownstone.
170
00:08:44,624 --> 00:08:46,114
And since we got to you first,
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00:08:46,192 --> 00:08:48,286
we're gonna give you
first crack at a deal.
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00:08:48,361 --> 00:08:49,487
But don't tell us any lies,
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00:08:49,562 --> 00:08:51,929
because that lady that you
slashed eight times, survived.
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00:08:53,733 --> 00:08:55,895
I didn't touch her.
And I didn't touch the guy.
175
00:08:55,969 --> 00:08:58,995
I was just there to help carry the
heavy stuff. It was just a robbery,
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TVs, stereos, and drive the van.
177
00:09:02,108 --> 00:09:03,576
Okay, so what happened?
178
00:09:04,411 --> 00:09:06,072
We started going
through the house,
179
00:09:06,146 --> 00:09:08,547
and this guy comes
out of the bathroom.
180
00:09:09,049 --> 00:09:12,713
And, uh, Jay, he goes nuts.
He goes off on him.
181
00:09:12,986 --> 00:09:14,044
Jay?
182
00:09:14,354 --> 00:09:16,482
Fleckner. That's the guy
who brought me in on this.
183
00:09:17,057 --> 00:09:19,856
But a robbery.
It was just a robbery.
184
00:09:19,926 --> 00:09:21,121
How much cash?
185
00:09:21,294 --> 00:09:22,352
Five grand.
186
00:09:22,429 --> 00:09:26,093
And now, he's out there spending it
without you. That's a damn shame.
187
00:09:26,766 --> 00:09:28,495
Where do we find Jay?
188
00:09:51,724 --> 00:09:53,749
Cheap piece of garbage.
189
00:09:54,227 --> 00:09:56,025
Blink, I'll put
your brains on the bed.
190
00:09:56,096 --> 00:09:58,292
Put your hands up. Get up.
191
00:10:04,904 --> 00:10:06,668
Awful lot of blood
in that water.
192
00:10:06,739 --> 00:10:08,207
I cut myself shaving.
193
00:10:08,274 --> 00:10:10,553
We're gonna give you plenty of
time to work on that story.
194
00:10:10,577 --> 00:10:12,807
I got nothing to say.
I want a lawyer.
195
00:10:13,346 --> 00:10:15,110
Get him the hell out of here.
196
00:10:25,558 --> 00:10:27,287
Take your time, Mrs. Messick.
197
00:10:31,865 --> 00:10:33,663
Do you
recognize any of these men
198
00:10:33,733 --> 00:10:36,634
as the man who attacked you
in your apartment that night?
199
00:10:38,738 --> 00:10:40,900
Do you need to sit down, ma'am?
200
00:10:45,478 --> 00:10:47,003
Number two.
201
00:10:47,814 --> 00:10:50,078
He's the man who cut me.
202
00:11:02,395 --> 00:11:06,354
Jay Fleckner was remanded. His lawyer
says he's not interested in a deal.
203
00:11:06,432 --> 00:11:08,298
He forget Valerie Messick
lD'd him?
204
00:11:08,868 --> 00:11:12,634
Or the sink full of Messick's
bloody cash in his hotel room?
205
00:11:12,705 --> 00:11:15,470
The lawyer says Fleckner's very
volatile, he doesn't care.
206
00:11:15,542 --> 00:11:16,873
He wants to take his chances.
207
00:11:17,243 --> 00:11:19,940
How are we doing with his
accomplice, Darrell Dennehy?
208
00:11:20,013 --> 00:11:23,347
As far as testifying, he's
questionable credibility-wise.
209
00:11:23,750 --> 00:11:26,151
Still, he was there,
in the house, with Fleckner.
210
00:11:26,219 --> 00:11:27,730
And hopefully, he's been
around the block enough
211
00:11:27,754 --> 00:11:29,415
to know when to deal.
212
00:11:29,489 --> 00:11:31,287
It's Lieutenant Van Buren.
213
00:11:32,759 --> 00:11:35,387
The bloody money
in Fleckner's hotel room
214
00:11:35,461 --> 00:11:38,726
showed trace marks our lab
techs couldn't identify,
215
00:11:38,798 --> 00:11:42,200
so they passed the bills
over to Treasury for analysis.
216
00:11:42,268 --> 00:11:43,429
What did they find?
217
00:11:43,503 --> 00:11:46,131
Well, the bills had been
serialized, watermarked,
218
00:11:46,206 --> 00:11:50,268
and floated by the Feds to track
a money laundering stream.
219
00:11:50,610 --> 00:11:52,840
How did the cash wind up
at Messick's apartment?
220
00:11:52,912 --> 00:11:56,007
The Feds said it was first used
to buy ecstasy from a drug dealer
221
00:11:56,082 --> 00:11:58,983
who had ties to
the Gambino organization.
222
00:11:59,052 --> 00:12:01,953
But, more than likely, it wound
up with Messick for laundering.
223
00:12:02,422 --> 00:12:03,446
Can we prove that?
224
00:12:03,523 --> 00:12:05,082
Well, it's a good guess,
right now.
225
00:12:05,158 --> 00:12:07,991
But either way, the money ties
Jay Fleckner to the victims.
226
00:12:08,061 --> 00:12:10,826
The problem is,
the Feds won't return it.
227
00:12:11,631 --> 00:12:13,395
That money plays
into an investigation.
228
00:12:13,466 --> 00:12:14,524
What kind?
229
00:12:14,601 --> 00:12:16,262
One I'm not at liberty
to discuss.
230
00:12:16,336 --> 00:12:18,532
Then, let's talk about
our investigation.
231
00:12:18,605 --> 00:12:21,233
That money is
key physical evidence
232
00:12:21,307 --> 00:12:23,537
tying Jay Fleckner
to a heinous crime,
233
00:12:23,610 --> 00:12:25,078
and we need to
produce it in court.
234
00:12:25,144 --> 00:12:27,476
I'm sure you've got more than
our money to make your case.
235
00:12:27,547 --> 00:12:30,847
Your money? We recovered it
during our investigation.
236
00:12:31,918 --> 00:12:34,444
There might be some movement
on the case in the next year.
237
00:12:34,520 --> 00:12:35,851
We can talk, then.
238
00:12:35,922 --> 00:12:38,550
You could potentially be helping
a man get away with murder.
239
00:12:38,625 --> 00:12:40,889
This cash has been filtering
through drug rings,
240
00:12:40,960 --> 00:12:43,895
sex-slave operations,
and laundering outfits.
241
00:12:43,963 --> 00:12:46,728
Shutting those down
could prevent 20 murders.
242
00:12:47,333 --> 00:12:49,062
I won't jeopardize that.
243
00:12:53,706 --> 00:12:55,902
The prosecution found
the bills on your client.
244
00:12:56,276 --> 00:12:59,177
The prosecution alleges that the
bills were found on my client,
245
00:12:59,245 --> 00:13:01,907
and that blood traces on them
belong to the victim.
246
00:13:01,981 --> 00:13:03,642
I've read the memo, Mr. Wellman.
247
00:13:03,716 --> 00:13:05,445
It doesn't sound
like trace blood.
248
00:13:05,518 --> 00:13:08,419
The money was described as "in a
bloody bath" when it was found.
249
00:13:08,488 --> 00:13:11,583
Our experts need the opportunity
to challenge the findings.
250
00:13:11,658 --> 00:13:13,990
Mr. McCoy, where is the
actual evidence itself?
251
00:13:14,060 --> 00:13:16,654
It's in Federal hands. We've
written letters to the US Attorney
252
00:13:16,729 --> 00:13:19,027
and the Chief Judge
to mandate its return.
253
00:13:19,499 --> 00:13:23,766
Any time frame as to when that
might happen? Ayear? Ten?
254
00:13:24,170 --> 00:13:26,298
We haven't had any
response yet, Your Honor.
255
00:13:26,706 --> 00:13:29,118
When they're good and ready. That's
the response you can expect.
256
00:13:29,142 --> 00:13:31,502
Which doesn't serve the defendant's
right to a speedy trial.
257
00:13:32,178 --> 00:13:34,112
Unless you can provide access to
258
00:13:34,180 --> 00:13:37,309
at least one bill in a timely
fashion, the money's out.
259
00:13:39,819 --> 00:13:43,084
With your confession and the physical
evidence tying you to the crime scene,
260
00:13:43,156 --> 00:13:46,251
if this goes to trial,
you could expect 25 years.
261
00:13:46,326 --> 00:13:50,160
Or, you testify against Jay Fleckner,
and we're prepared to offer 20.
262
00:13:54,133 --> 00:13:56,101
What's not computing,
Mr. Dennehy?
263
00:13:57,870 --> 00:14:00,362
I don't think I'm interested
in testifying against Jay.
264
00:14:00,440 --> 00:14:01,703
Why?
265
00:14:02,275 --> 00:14:04,209
L think I've said
enough already.
266
00:14:04,277 --> 00:14:06,609
It's one thing to say it to
the cops, but on the stand,
267
00:14:06,679 --> 00:14:08,113
him looking at me...
268
00:14:09,015 --> 00:14:11,882
What is this, some sort of
ham-fisted attempt at negotiation?
269
00:14:13,619 --> 00:14:15,883
I don't want any more
to do with putting him away.
270
00:14:16,656 --> 00:14:18,886
Fifteen years.
That's the basement offer.
271
00:14:19,959 --> 00:14:22,985
Nobody told me Messick
was hooked up with the mob.
272
00:14:23,629 --> 00:14:25,893
That's got nothing to do
with your testimony.
273
00:14:25,965 --> 00:14:28,059
I'd be testifying,
front and center,
274
00:14:28,134 --> 00:14:30,569
in a courtroom filled
with Gambino button men.
275
00:14:30,636 --> 00:14:32,627
We'll shield your identity
when you testify.
276
00:14:32,705 --> 00:14:35,003
Yeah? What happens
when it hits the papers?
277
00:14:35,074 --> 00:14:36,542
You can't stop that.
278
00:14:37,377 --> 00:14:40,506
We're talking about ten years
of your life, Mr. Dennehy.
279
00:14:41,447 --> 00:14:45,315
I spent two-thirds of my life locked up.
I can do the time.
280
00:14:45,752 --> 00:14:47,982
But I sure ain't
interested in dying.
281
00:14:48,755 --> 00:14:50,245
CO!
282
00:14:53,259 --> 00:14:54,351
Unbelievable.
283
00:14:54,427 --> 00:14:57,172
Valerie Messick came within a sliver of
losing her life at Fleckner's hands.
284
00:14:57,196 --> 00:14:58,595
She'll have the jury's sympathy.
285
00:14:58,664 --> 00:15:00,928
If she holds up physically.
What's her condition?
286
00:15:01,000 --> 00:15:04,061
On the mend, but she's got some
awful scars on her face and neck.
287
00:15:04,637 --> 00:15:06,230
Still, a one-witness ID.
288
00:15:06,305 --> 00:15:08,967
A witness who is the victim,
and a grieving widow.
289
00:15:10,510 --> 00:15:13,571
Let's make sure her scars
are visible to the jury.
290
00:15:13,646 --> 00:15:15,978
If she's all we've got,
let's make it count.
291
00:15:20,553 --> 00:15:23,420
My husband, Phil,
was lying on the floor.
292
00:15:24,023 --> 00:15:25,991
He was covered in blood.
293
00:15:26,626 --> 00:15:27,923
Was he alive?
294
00:15:28,394 --> 00:15:29,759
Barely.
295
00:15:30,797 --> 00:15:33,027
I went to his side.
296
00:15:33,833 --> 00:15:37,428
He pointed past me,
and then he died.
297
00:15:38,871 --> 00:15:40,532
What was he pointing at?
298
00:15:40,606 --> 00:15:42,301
Two men down the hallway.
299
00:15:44,177 --> 00:15:48,478
I tried to yell for help, but
that man saw me and attacked me.
300
00:15:49,081 --> 00:15:50,674
Can you tell me
who you're pointing to?
301
00:15:51,451 --> 00:15:53,613
The defendant, Jay Fleckner.
302
00:15:54,787 --> 00:15:56,983
Can you describe
how he attacked you?
303
00:15:58,224 --> 00:16:02,491
He pounced on me.
He pinned me down.
304
00:16:04,063 --> 00:16:07,693
He had a knife in his hand,
and he began slashing at me.
305
00:16:10,736 --> 00:16:15,264
I don't remember much else. I blacked
out, and woke up in the hospital.
306
00:16:16,709 --> 00:16:18,507
No further questions.
307
00:16:23,449 --> 00:16:25,213
Mrs. Messick,
308
00:16:25,284 --> 00:16:27,651
that's a horrible ordeal
you've just described.
309
00:16:28,721 --> 00:16:32,282
But I'm afraid I'm gonna have to take you
back to it just a little while longer.
310
00:16:34,660 --> 00:16:36,958
How would you describe
your emotional state
311
00:16:37,029 --> 00:16:39,088
when you first entered
your house that night?
312
00:16:39,165 --> 00:16:41,224
When you saw
your front door ajar?
313
00:16:41,300 --> 00:16:43,064
You were nervous, weren't you?
314
00:16:43,135 --> 00:16:44,864
Yes. I was a little nervous.
315
00:16:45,638 --> 00:16:48,471
It wasn't like your husband to
leave the door open like that?
316
00:16:49,408 --> 00:16:51,740
No. Phil never
left the door open.
317
00:16:53,980 --> 00:16:57,280
When you came in, you saw your
husband covered in blood.
318
00:16:57,350 --> 00:17:00,843
What would you say your emotional
state was, then? Terrified?
319
00:17:01,487 --> 00:17:02,545
Yes.
320
00:17:02,922 --> 00:17:04,117
Panicked?
321
00:17:04,423 --> 00:17:05,515
Yes.
322
00:17:05,591 --> 00:17:09,027
You came in, you saw your
husband in a pool of blood.
323
00:17:12,632 --> 00:17:15,226
Were you crying at that time,
the way you are now?
324
00:17:16,435 --> 00:17:17,800
Yes. I was.
325
00:17:18,704 --> 00:17:21,469
Crying, in a state of
grief and panic.
326
00:17:21,541 --> 00:17:22,940
Tears filling your eyes.
327
00:17:23,009 --> 00:17:24,419
And yet, you were able
to get a good look
328
00:17:24,443 --> 00:17:26,468
at the man who wielded
the knife against you?
329
00:17:29,982 --> 00:17:33,213
A good enough look that you can
say, with absolute certainty,
330
00:17:33,553 --> 00:17:36,420
that your assailant was
the man you identified?
331
00:17:38,958 --> 00:17:40,551
Yes. L think so.
332
00:17:40,826 --> 00:17:44,262
You think so, or you know so? There
is a significant difference.
333
00:17:50,870 --> 00:17:55,501
I'm as certain as I could have
been under the circumstances.
334
00:17:56,309 --> 00:17:59,711
With your vision hampered
by your tears, you mean?
335
00:17:59,779 --> 00:18:03,181
With your husband of 15 years lying
brutally murdered by your side?
336
00:18:03,249 --> 00:18:04,910
Is that what you mean?
337
00:18:06,819 --> 00:18:11,689
Mrs. Messick, please.
I'll ask you again.
338
00:18:12,525 --> 00:18:14,152
Are you 100% positive
339
00:18:14,226 --> 00:18:17,662
that the suspect you identified
is the man who attacked you?
340
00:18:19,332 --> 00:18:20,766
I'm...
341
00:18:22,001 --> 00:18:23,264
Not 100%.
342
00:18:23,336 --> 00:18:24,701
Yes or no, please.
343
00:18:30,843 --> 00:18:31,935
No.
344
00:18:45,124 --> 00:18:47,252
It all just came rushing back.
345
00:18:47,460 --> 00:18:50,054
Phil is on the ground,
all the blood on him.
346
00:18:50,763 --> 00:18:53,698
I was as confused up there
as I was that night.
347
00:18:53,766 --> 00:18:56,292
But the ID? Were you
certain it was Fleckner
348
00:18:56,369 --> 00:18:58,337
when you saw him
in the police station?
349
00:18:58,404 --> 00:19:01,567
My husband was dying
on the floor in front of me,
350
00:19:01,641 --> 00:19:03,837
covered in all that blood.
351
00:19:05,077 --> 00:19:07,569
And then that man
was on top of me.
352
00:19:08,681 --> 00:19:11,207
I only got a look at
his face for a second.
353
00:19:13,886 --> 00:19:15,479
Did I ruin the case?
354
00:19:16,589 --> 00:19:18,421
You were strong on direct,
355
00:19:20,393 --> 00:19:23,624
but your ID was the only thing
that put Fleckner at the scene.
356
00:19:24,263 --> 00:19:25,753
Without that...
357
00:19:32,138 --> 00:19:34,607
In the matter of
the People v. Jay Fleckner,
358
00:19:34,674 --> 00:19:37,939
on the count of Murder in the
Second Degree, how do you find?
359
00:19:38,277 --> 00:19:41,713
We find the defendant
not guilty.
360
00:20:02,368 --> 00:20:04,496
DOA's got one to the chest.
361
00:20:10,443 --> 00:20:11,808
Jay Fleckner.
362
00:20:12,745 --> 00:20:15,146
Well, what do you know?
There is justice in the world.
363
00:20:15,214 --> 00:20:17,444
The guy who called it in
is the one who shot him.
364
00:20:17,983 --> 00:20:19,212
Where is the shooter?
365
00:20:33,299 --> 00:20:35,097
My client went
to meet Jay Fleckner
366
00:20:35,167 --> 00:20:37,795
with absolutely no intention
of doing him any harm.
367
00:20:37,870 --> 00:20:39,838
Then why don't you tell us
why he did go meet him?
368
00:20:39,905 --> 00:20:43,068
To discuss intimidation
directed toward Valerie Messick
369
00:20:43,142 --> 00:20:44,667
that had gone on
during the trial,
370
00:20:44,744 --> 00:20:46,269
and to make sure
it wouldn't continue.
371
00:20:46,746 --> 00:20:48,271
What kind of intimidation?
372
00:20:48,481 --> 00:20:52,213
You know what, Ernie?
Let me do this, okay?
373
00:20:53,319 --> 00:20:55,981
You ever work a case where you
damn well knew you had the perp,
374
00:20:56,055 --> 00:20:57,887
but it just wouldn't make?
Did you?
375
00:20:58,924 --> 00:21:00,915
Of course.
What did you do about it?
376
00:21:01,327 --> 00:21:03,989
We're not talking about us here, Bob.
We're talking about you.
377
00:21:04,396 --> 00:21:07,593
Did you go visit the guy and
tell him to watch his ass,
378
00:21:07,666 --> 00:21:09,930
'cause if he so much as sniffed
in the wrong direction,
379
00:21:10,035 --> 00:21:11,696
you'd be there to lock him up?
380
00:21:12,371 --> 00:21:14,897
So, he just agreed to meet up with you?
No problem?
381
00:21:14,974 --> 00:21:19,377
I told Fleckner that this had
to be put to bed face-to-face,
382
00:21:19,445 --> 00:21:23,348
and that the only problem he'd
have with me is if he didn't show.
383
00:21:24,483 --> 00:21:25,814
So, what went wrong?
384
00:21:25,885 --> 00:21:28,115
Fleckner,
he started to freak out.
385
00:21:28,387 --> 00:21:32,290
He started saying, "This is a setup.
This is an ambush,"
386
00:21:32,358 --> 00:21:34,690
like he was high,
387
00:21:35,027 --> 00:21:37,462
or maybe just crazy.
I don't know.
388
00:21:37,696 --> 00:21:39,061
And who pulled their gun first?
389
00:21:39,131 --> 00:21:40,599
He did.
390
00:21:40,666 --> 00:21:44,899
He put his gun up in my face, which
I talked him into lowering down.
391
00:21:45,604 --> 00:21:49,302
When he did, I punched him as hard
as I could and I made to run.
392
00:21:49,375 --> 00:21:52,003
But he chased me,
and I fell down the stairs.
393
00:21:52,344 --> 00:21:54,972
And when I was on the ground,
I freed my ankle piece
394
00:21:55,047 --> 00:21:56,981
and I told him to
back the hell off,
395
00:21:57,049 --> 00:21:58,744
but he raised up to shoot.
396
00:21:59,652 --> 00:22:01,051
So, I fired.
397
00:22:03,055 --> 00:22:05,319
Did Valerie know about you
meeting up with Fleckner?
398
00:22:06,025 --> 00:22:07,025
No.
399
00:22:11,897 --> 00:22:13,991
You realize we're gonna
have to look into this.
400
00:22:14,300 --> 00:22:15,358
Yeah.
401
00:22:15,901 --> 00:22:17,096
I know.
402
00:22:17,736 --> 00:22:20,398
And you're gonna
find it's a good shoot.
403
00:22:27,179 --> 00:22:30,080
I had no idea Bob planned
to go meet Fleckner.
404
00:22:31,483 --> 00:22:34,646
And if I had, it's not something
I would have encouraged.
405
00:22:35,421 --> 00:22:36,718
Where did he get the idea from?
406
00:22:36,789 --> 00:22:38,416
From being a cop, I guess.
407
00:22:38,624 --> 00:22:40,456
And my friend.
And Phil's friend.
408
00:22:40,526 --> 00:22:43,496
Was there any reason for you to
believe that Fleckner was a threat?
409
00:22:43,562 --> 00:22:45,189
He'd stare at me
during the trial.
410
00:22:45,264 --> 00:22:46,823
And he mouthed something once.
411
00:22:47,900 --> 00:22:49,595
What about after the trial?
412
00:22:50,202 --> 00:22:51,613
He passed me
in the hall and chuckled.
413
00:22:51,637 --> 00:22:53,605
Whispered that
he'd see me again.
414
00:22:55,374 --> 00:22:58,810
Did you tell Bob Cerullo
what Fleckner was doing?
415
00:22:59,245 --> 00:23:00,872
Bob sat with me half the weekend
416
00:23:00,946 --> 00:23:02,436
because I couldn't stop crying.
417
00:23:02,548 --> 00:23:05,415
And he didn't say anything
about contacting Fleckner?
418
00:23:06,418 --> 00:23:07,647
Nothing.
419
00:23:09,188 --> 00:23:13,489
So, Bob Cerullo killed Fleckner out
of noble revenge or self-defense?
420
00:23:13,626 --> 00:23:15,890
Arranging a meet with the
man who just got off
421
00:23:15,961 --> 00:23:17,656
for murdering your friend?
422
00:23:17,730 --> 00:23:19,494
What did Cerullo
expect would happen?
423
00:23:19,732 --> 00:23:23,168
What? Cops don't warn perps
off the radar all the time?
424
00:23:23,469 --> 00:23:26,029
That's harassment,
not a bullet to the chest.
425
00:23:26,105 --> 00:23:29,268
I was trying to piece together
Fleckner's timeline after the verdict,
426
00:23:29,441 --> 00:23:32,843
so I checked his visitors log at
Rikers for a friend or relative.
427
00:23:32,912 --> 00:23:35,677
Bob Cerullo visited
Fleckner during the trial.
428
00:23:37,116 --> 00:23:39,175
Why would he visit
Fleckner in jail?
429
00:23:39,285 --> 00:23:42,585
Maybe he was warning him to stop
eye-balling Valerie Messick?
430
00:23:42,855 --> 00:23:44,721
Or threatening his life.
431
00:23:45,190 --> 00:23:46,954
And we have proof of neither.
432
00:23:47,026 --> 00:23:48,626
Except that Jay Fleckner
had a gun on him
433
00:23:48,694 --> 00:23:50,492
two days after being
exonerated for murder.
434
00:23:50,562 --> 00:23:51,620
Why?
435
00:23:51,697 --> 00:23:54,166
Because he was a psychopath
and a career criminal.
436
00:23:54,333 --> 00:23:56,859
Or he thought that a dirty
cop was gunning for him.
437
00:23:57,069 --> 00:23:58,594
A decorated cop, Jack.
438
00:23:58,871 --> 00:24:00,771
Whose best friend was
a mob associate.
439
00:24:00,839 --> 00:24:02,603
That dirties him in my mind.
440
00:24:03,375 --> 00:24:05,320
Well, if you're gonna have
the police do some digging,
441
00:24:05,344 --> 00:24:08,006
you better tell them not to
stop until they hit gold.
442
00:24:08,314 --> 00:24:10,908
'Cause that's what it's gonna
take to get an indictment.
443
00:24:12,184 --> 00:24:15,154
We looked into any possible
motive other than self-defense
444
00:24:15,220 --> 00:24:16,710
for Cerullo shooting Fleckner,
445
00:24:17,289 --> 00:24:18,518
and we got nothing.
446
00:24:18,757 --> 00:24:19,901
Any phone calls between them,
447
00:24:19,925 --> 00:24:21,605
besides the one before
Fleckner was killed?
448
00:24:21,660 --> 00:24:22,684
No. Just that one.
449
00:24:22,895 --> 00:24:25,523
We dug into the gun that Fleckner
had on him when he was shot,
450
00:24:25,631 --> 00:24:27,326
but it only makes
Fleckner dirtier.
451
00:24:27,533 --> 00:24:31,128
Ballistics pulled a matching
slug from an apartment wall
452
00:24:31,804 --> 00:24:34,501
of an unsolved home invasion
five years ago.
453
00:24:34,573 --> 00:24:35,768
Was Fleckner a suspect?
454
00:24:35,941 --> 00:24:39,571
The victim gave a description of a
perpetrator that he fits generally.
455
00:24:40,145 --> 00:24:41,145
Who worked the case?
456
00:24:41,246 --> 00:24:43,374
Detective Dumar. We looked
for him, and he's dead.
457
00:24:43,749 --> 00:24:45,615
Any connection
between Dumar and Cerullo?
458
00:24:45,718 --> 00:24:48,915
They never worked together. Dumar was
in the Bronx, Cerullo worked in Queens.
459
00:24:50,155 --> 00:24:52,487
Show the home invasion
victim a photo array.
460
00:24:52,958 --> 00:24:54,426
Make sure Jay Fleckner is in it.
461
00:24:56,362 --> 00:24:58,228
I don't recognize
any of these men.
462
00:24:58,530 --> 00:25:00,490
Did you get a good look
at the man who robbed you?
463
00:25:00,632 --> 00:25:02,225
Generally.
464
00:25:02,501 --> 00:25:04,731
I was experimentally medicated.
465
00:25:05,738 --> 00:25:07,035
Excuse me?
466
00:25:07,439 --> 00:25:10,568
I was smoking marijuana
to alleviate my glaucoma.
467
00:25:11,243 --> 00:25:12,768
Would you like some tea?
468
00:25:12,845 --> 00:25:14,313
No, thank you.
469
00:25:14,880 --> 00:25:16,871
That's the wall
where the bullet went.
470
00:25:16,949 --> 00:25:18,678
Now, was he shooting at you?
471
00:25:18,751 --> 00:25:21,186
I think he just got scared,
and the gun went off.
472
00:25:21,253 --> 00:25:22,914
Thank God I was tied up.
473
00:25:23,555 --> 00:25:25,421
Tell me, why the
questions and the photos?
474
00:25:26,125 --> 00:25:29,060
We're just following on a few
leads we have on a suspect.
475
00:25:29,228 --> 00:25:30,491
But the man was caught.
476
00:25:30,562 --> 00:25:31,996
No, ma'am. The case
is still active.
477
00:25:32,931 --> 00:25:35,161
Well, that's not what
Detective Dumar told me.
478
00:25:35,968 --> 00:25:37,458
He said the man confessed.
479
00:25:38,404 --> 00:25:40,065
Someone confessed?
480
00:25:40,806 --> 00:25:42,331
Did he mention a name?
481
00:25:42,441 --> 00:25:43,966
I don't recall.
482
00:25:44,376 --> 00:25:47,368
But he said the man confessed
and was going to jail.
483
00:25:48,981 --> 00:25:51,678
Ms. Best, did you ever recover
your stolen property?
484
00:25:51,950 --> 00:25:54,248
Detective Dumar said that
the money had been spent,
485
00:25:54,319 --> 00:25:56,811
and my ring was sold to someone
who had left the country.
486
00:25:58,357 --> 00:25:59,847
How much money did you lose?
487
00:25:59,992 --> 00:26:01,687
$17,000 in cash.
488
00:26:02,127 --> 00:26:04,619
And the ring was worth
at least 15.
489
00:26:05,931 --> 00:26:09,196
You should really talk to
Detective Dumar about this.
490
00:26:12,571 --> 00:26:15,165
Wayne Dumar. Not
my most eager detective.
491
00:26:15,507 --> 00:26:16,668
Died "cleaning his gun."
492
00:26:17,076 --> 00:26:18,202
Suicide.
493
00:26:18,277 --> 00:26:19,642
Unofficially, but yeah.
494
00:26:19,711 --> 00:26:22,737
He was an old-school drunk.
Wasn't a surprise.
495
00:26:23,148 --> 00:26:25,344
Well, would it surprise you
to hear that he ripped off
496
00:26:25,451 --> 00:26:27,783
a robbery suspect of 30 Gs?
497
00:26:28,921 --> 00:26:31,549
A few guys here were filling their
pockets when I transferred in.
498
00:26:31,723 --> 00:26:32,884
All of them are gone now.
499
00:26:33,258 --> 00:26:36,353
Do you know if he had any
dealings with this guy?
500
00:26:36,829 --> 00:26:38,456
Name is Jay Fleckner.
501
00:26:40,199 --> 00:26:41,564
Never seen the face.
502
00:26:41,667 --> 00:26:43,601
Could he have been an
informant of Dumar's?
503
00:26:43,769 --> 00:26:47,069
Dumar didn't care enough about
the job to recruit informants.
504
00:26:47,139 --> 00:26:48,402
He was a bum.
505
00:26:48,540 --> 00:26:49,871
Let me ask you this.
506
00:26:50,175 --> 00:26:52,439
Do you know if he had any
connections to a detective
507
00:26:52,511 --> 00:26:54,639
out of the 74 named Cerullo?
508
00:26:56,648 --> 00:26:58,639
Cerullo and Dumar
were associated.
509
00:26:59,918 --> 00:27:02,785
Cerullo is who found Dumar
with his brains blown out.
510
00:27:04,756 --> 00:27:07,020
Is it possible
Cerullo killed Dumar?
511
00:27:07,359 --> 00:27:09,088
The police and M.E. reports
are spotty.
512
00:27:09,294 --> 00:27:11,922
Everyone involved thought they
were covering up a cop suicide.
513
00:27:12,297 --> 00:27:14,231
How dirty was Dumar as a cop?
514
00:27:14,299 --> 00:27:18,429
Four IAB investigations, all centered
around shaking down robbery suspects.
515
00:27:18,837 --> 00:27:22,137
So, Detective Dumar
steals money and a gun
516
00:27:22,241 --> 00:27:24,039
from a robbery suspect,
which then turns up
517
00:27:24,109 --> 00:27:25,634
in the cold, dead hand
of Jay Fleckner.
518
00:27:25,777 --> 00:27:28,474
Except there's no connection between
Wayne Dumar and Jay Fleckner.
519
00:27:28,680 --> 00:27:30,774
There's only a connection
between Dumar and Cerullo.
520
00:27:31,183 --> 00:27:33,049
So, Cerullo killed Jay Fleckner,
521
00:27:33,118 --> 00:27:35,485
then planted the gun on him
to call it a self-defense.
522
00:27:35,888 --> 00:27:37,856
Let's see what
he has to say for himself.
523
00:27:38,390 --> 00:27:40,415
It was self-defense.
524
00:27:40,659 --> 00:27:43,526
Do you plan to try selling that
to the Grand Jury, Mr. Cerullo?
525
00:27:43,762 --> 00:27:45,753
You're opening
a Grand Jury on me?
526
00:27:45,831 --> 00:27:47,060
They won't indict, Bob.
527
00:27:47,199 --> 00:27:49,099
They'll indict anybody, Ernie.
528
00:27:49,601 --> 00:27:52,366
This is what I get for 25
years' service on the force?
529
00:27:52,471 --> 00:27:54,405
That doesn't buy
anybody a murder.
530
00:27:54,473 --> 00:27:57,306
I have commendations,
a medal of valor.
531
00:27:57,476 --> 00:28:00,377
Cop to the homicide, and I'll
get you man one, 20 years.
532
00:28:00,512 --> 00:28:01,843
Don't dignify that.
533
00:28:01,980 --> 00:28:04,540
You know how many cases
I've worked in my career?
534
00:28:05,317 --> 00:28:07,183
How many homicides I've cleared?
535
00:28:07,252 --> 00:28:08,947
How many multiple homicides?
536
00:28:09,021 --> 00:28:10,250
We've been over your record.
537
00:28:10,322 --> 00:28:11,802
You're gonna have
to go over it again.
538
00:28:11,924 --> 00:28:15,019
Because if I'm indicted, you may
have to revisit every one of them.
539
00:28:16,195 --> 00:28:17,959
What does that mean?
540
00:28:18,463 --> 00:28:20,397
If I'm on the stand, Mr. McCoy,
541
00:28:21,066 --> 00:28:23,899
my conscience may just
start to eat at me.
542
00:28:24,670 --> 00:28:27,867
I may just feel the need
to purge myself of evidence
543
00:28:27,973 --> 00:28:30,340
I may have planted
in those cases,
544
00:28:30,442 --> 00:28:32,570
and suspects I may have flaked.
545
00:28:33,745 --> 00:28:35,907
You'd lie about tainting cases?
546
00:28:36,348 --> 00:28:38,442
I'll come clean, as it were.
547
00:28:39,718 --> 00:28:42,779
And you expect me to drop this
case because of that threat?
548
00:28:43,689 --> 00:28:47,216
Forty-some cases
could go down the toilet.
549
00:28:48,060 --> 00:28:50,586
Forty stone-cold killers
back on the street
550
00:28:50,662 --> 00:28:52,858
because you want to lock me up
551
00:28:52,931 --> 00:28:56,128
for taking care of a rat
bastard like Jay Fleckner.
552
00:28:59,605 --> 00:29:02,631
We're moving forward,
Mr. Cerullo. Be prepared.
553
00:29:07,713 --> 00:29:10,546
Justice at any cost.
That it, McCoy?
554
00:29:12,050 --> 00:29:13,449
Go after me.
555
00:29:13,719 --> 00:29:15,847
It's gonna cost you plenty.
556
00:29:23,161 --> 00:29:25,095
So, how many cases
are we talking about?
557
00:29:25,163 --> 00:29:27,495
Cerullo has 41 homicide collars.
558
00:29:27,566 --> 00:29:30,627
And he got a lot of confessions,
which he can claim he coerced.
559
00:29:30,969 --> 00:29:33,939
Well, is there any indication
that there was coercion,
560
00:29:34,006 --> 00:29:35,997
or proof that he
really did taint cases?
561
00:29:36,174 --> 00:29:38,268
His record
on the job is spotless.
562
00:29:38,477 --> 00:29:42,277
And how does a detective phony
evidence on 41 homicide suspects,
563
00:29:42,347 --> 00:29:44,213
and not draw attention
even once?
564
00:29:44,283 --> 00:29:47,480
It's not possible. Cerullo is
lying to back us into a corner.
565
00:29:47,619 --> 00:29:50,452
And it's gonna cause every defense
lawyer that he ever faced
566
00:29:50,522 --> 00:29:51,802
to file a motion
for a new trial.
567
00:29:51,857 --> 00:29:54,349
We'll waste hundreds
of hours re-prosecuting.
568
00:29:54,426 --> 00:29:57,794
Which is unfortunate,
but unless he did a murder,
569
00:29:58,297 --> 00:29:59,992
why throw up the smokescreen?
570
00:30:00,365 --> 00:30:03,596
He planted the gun on Fleckner
to claim self-defense.
571
00:30:04,569 --> 00:30:06,537
Do you have enough
for a conviction?
572
00:30:07,406 --> 00:30:08,999
We'll need more.
573
00:30:10,042 --> 00:30:13,205
Bob has been with me every
second of this nightmare.
574
00:30:13,445 --> 00:30:16,244
I don't understand why you
think I'd speak ill of him.
575
00:30:16,481 --> 00:30:18,643
What if you thought
he'd committed a murder?
576
00:30:18,984 --> 00:30:20,474
This gun you're talking about...
577
00:30:20,552 --> 00:30:23,419
Sounds like Fleckner could have
gotten it any number of ways.
578
00:30:23,588 --> 00:30:26,489
The only way was from Bob
Cerullo, who planted it.
579
00:30:26,992 --> 00:30:30,223
If you make a statement, he may
be more inclined to make a deal.
580
00:30:30,662 --> 00:30:32,858
That could save him
ten years in jail.
581
00:30:33,165 --> 00:30:35,497
Whatever you feel about
his intentions, Mrs. Messick,
582
00:30:35,567 --> 00:30:39,162
Bob Cerullo had no right to dole
out justice to Jay Fleckner.
583
00:30:41,073 --> 00:30:42,438
You know what?
584
00:30:43,108 --> 00:30:45,440
I don't think I should
talk to you anymore.
585
00:30:46,011 --> 00:30:48,810
Understand, it's not you
we're looking to incriminate.
586
00:30:51,183 --> 00:30:53,117
I'm sorry, but on
the advice of my lawyer,
587
00:30:53,185 --> 00:30:55,449
I'm gonna invoke my right
to the Fifth Amendment.
588
00:31:00,158 --> 00:31:02,786
Valerie's husband rubbed
elbows with the mob.
589
00:31:02,894 --> 00:31:04,157
She might know things.
590
00:31:04,229 --> 00:31:06,197
Testifying could put her
in a vulnerable position.
591
00:31:06,264 --> 00:31:07,993
I don't think it was
just self-preservation.
592
00:31:08,066 --> 00:31:10,933
If she knows Cerullo
murdered Fleckner,
593
00:31:11,436 --> 00:31:13,200
she's stonewalling
to protect him.
594
00:31:13,271 --> 00:31:14,397
Well, either way,
595
00:31:14,473 --> 00:31:17,272
history's taught us we can't
rely on her to make the case.
596
00:31:17,342 --> 00:31:18,605
We won't.
597
00:31:18,944 --> 00:31:21,276
We didn't have a reason to
search Messick's house before.
598
00:31:21,346 --> 00:31:22,609
We do now.
599
00:31:22,681 --> 00:31:24,080
I'll get a warrant.
600
00:31:24,383 --> 00:31:26,579
Philip Messick
was a very smart man.
601
00:31:26,651 --> 00:31:28,380
He kept an insurance policy.
602
00:31:28,453 --> 00:31:31,787
A black file that somebody buried
in his backyard flowerbed.
603
00:31:31,857 --> 00:31:33,154
Information on his associates?
604
00:31:33,225 --> 00:31:35,387
Yep. And all the dirtbags
he worked with.
605
00:31:35,494 --> 00:31:37,792
Including his friend,
Bob Cerullo.
606
00:31:37,929 --> 00:31:40,626
Now, our forensic accountant is
just getting into this, but so far,
607
00:31:40,699 --> 00:31:43,600
we know that Cerullo sold guns
and stolen property to the mob.
608
00:31:43,668 --> 00:31:44,931
Messick was the go-between.
609
00:31:45,003 --> 00:31:46,334
This guy kept track
of everything.
610
00:31:46,405 --> 00:31:50,205
Guns, jewelry, electronics,
prices, dates, who sold what.
611
00:31:50,275 --> 00:31:52,471
Is Cerullo identified
by name in here?
612
00:31:53,178 --> 00:31:54,509
Name and badge number.
613
00:31:54,579 --> 00:31:57,446
Right next to
another name, Wayne Dumar.
614
00:31:57,516 --> 00:32:00,918
So, Dumar and Cerullo were business
partners selling stolen property?
615
00:32:00,986 --> 00:32:03,978
Exactly. And you'll notice
that Cerullo's income doubled
616
00:32:04,055 --> 00:32:05,580
when Dumar went toes-up.
617
00:32:05,657 --> 00:32:07,097
Well, it doesn't
prove he killed him.
618
00:32:07,726 --> 00:32:09,592
Make a convincing
argument in court.
619
00:32:10,128 --> 00:32:13,655
What we can establish is that Dumar
was criminally linked to Cerullo.
620
00:32:13,865 --> 00:32:16,425
And Dumar ties to the gun
found on Jay Fleckner.
621
00:32:16,501 --> 00:32:18,162
Right. Which leads
right back to Cerullo.
622
00:32:18,236 --> 00:32:21,831
It's the best evidence we have
so far, that he planted the gun.
623
00:32:22,774 --> 00:32:23,798
What's this?
624
00:32:24,109 --> 00:32:26,009
Trying to coax us into a plea?
625
00:32:26,077 --> 00:32:28,808
This book ties Cerullo
to the gun found on Fleckner.
626
00:32:29,614 --> 00:32:31,673
No one's going to believe
it's self-defense.
627
00:32:32,117 --> 00:32:34,677
Lot of wiggle room between
Dumar and that gun.
628
00:32:35,720 --> 00:32:37,347
Juries aren't stupid.
629
00:32:37,856 --> 00:32:40,951
Really? We must be working
different courtrooms.
630
00:32:42,627 --> 00:32:45,858
No way they hang my guy for
killing that piece of crap.
631
00:32:46,565 --> 00:32:49,125
And my client won't bite
on your offer.
632
00:32:49,801 --> 00:32:51,599
Now, you really wanna talk.
633
00:32:52,204 --> 00:32:54,468
I'm calling your bluff,
Mr. Kruhulik.
634
00:32:55,106 --> 00:32:56,870
You don't think he's serious?
635
00:32:57,108 --> 00:32:59,270
All of your cases come undone.
636
00:32:59,878 --> 00:33:01,937
And you'll be suborning perjury.
637
00:33:02,180 --> 00:33:03,978
We both know
the charges are bogus.
638
00:33:04,049 --> 00:33:06,916
It'll take a full-scale
investigation to bear that out.
639
00:33:07,018 --> 00:33:09,043
Pending new trials, of course.
640
00:33:09,988 --> 00:33:12,889
In lieu, I'll take my
client at his word.
641
00:33:13,158 --> 00:33:15,286
We're prepared to go to trial.
642
00:33:15,494 --> 00:33:18,623
If your client gets on the stand
and lies about his old cases,
643
00:33:18,830 --> 00:33:20,958
prepare to go to jail with him.
644
00:33:23,468 --> 00:33:26,494
Your shaky case just became
your major headache.
645
00:33:34,546 --> 00:33:37,345
Was I scared? Of course.
646
00:33:37,782 --> 00:33:40,251
A guy like Fleckner.
Killed Phil Messick,
647
00:33:40,318 --> 00:33:42,218
almost took his wife,
Valerie, too.
648
00:33:42,420 --> 00:33:44,616
And why did you go
pay him a visit?
649
00:33:45,090 --> 00:33:48,549
I only went over there to tell
him to leave Valerie alone.
650
00:33:49,160 --> 00:33:52,095
A stupid thing to do,
now that I think about it.
651
00:33:53,064 --> 00:33:56,830
I just figured I could make an
impression, and that'd be that.
652
00:33:57,102 --> 00:33:59,571
I thank the Good Lord
I had my gun.
653
00:34:00,171 --> 00:34:02,049
When Fleckner was coming
at me, I'm telling you,
654
00:34:02,073 --> 00:34:03,871
I was fighting for my life.
655
00:34:04,843 --> 00:34:06,333
And what did you do, then?
656
00:34:06,578 --> 00:34:08,307
I defended myself.
657
00:34:09,014 --> 00:34:11,984
I did not pull my gun
until Fleckner pulled his.
658
00:34:13,552 --> 00:34:14,883
Thank you.
659
00:34:17,188 --> 00:34:19,657
Did you know
Detective Wayne Dumar?
660
00:34:20,392 --> 00:34:21,553
I did.
661
00:34:21,826 --> 00:34:26,696
In fact, you found Detective Dumar
after his apparent suicide, correct?
662
00:34:27,732 --> 00:34:30,394
It was a bad day.
Wayne was a good friend.
663
00:34:31,036 --> 00:34:33,095
So you were aware
that he was the focus
664
00:34:33,171 --> 00:34:35,731
of an investigation
involving stolen guns?
665
00:34:36,041 --> 00:34:38,203
There was never anything
to those accusations,
666
00:34:38,276 --> 00:34:40,267
and they never proved
that there was.
667
00:34:40,412 --> 00:34:42,710
Your Honor, what's
the relevance here?
668
00:34:42,981 --> 00:34:44,779
Get to the point, Mr. McCoy.
669
00:34:46,251 --> 00:34:49,414
People's 19. This is
a ballistics report
670
00:34:50,021 --> 00:34:54,151
that ties the gun found on the
victim to a robbery investigation
671
00:34:54,626 --> 00:34:56,185
by Detective Dumar.
672
00:34:56,995 --> 00:35:00,226
There is no link between
the gun and the victim.
673
00:35:01,833 --> 00:35:05,827
There is, however, a link to
your good friend, Wayne Dumar.
674
00:35:06,504 --> 00:35:10,702
Mr. McCoy, in my experience, weapons
pass through a lot of hands.
675
00:35:12,978 --> 00:35:14,878
3417.
676
00:35:16,715 --> 00:35:18,706
Does that number
mean anything to you?
677
00:35:19,884 --> 00:35:21,283
Yeah. It was my shield number
678
00:35:21,353 --> 00:35:23,447
when I was a police officer.
679
00:35:24,456 --> 00:35:25,855
People's 20.
680
00:35:27,125 --> 00:35:31,653
This is an accounting ledger,
found in the Messick house,
681
00:35:32,664 --> 00:35:36,623
which identifies you
by your badge number,
682
00:35:36,701 --> 00:35:37,998
3417,
683
00:35:39,437 --> 00:35:40,836
and by name.
684
00:35:42,007 --> 00:35:44,032
Do you have an explanation
as to why Philip Messick
685
00:35:44,142 --> 00:35:47,806
accounted you as selling illegally
obtained property and guns,
686
00:35:47,879 --> 00:35:50,644
like the gun stolen
by Wayne Dumar,
687
00:35:51,049 --> 00:35:52,881
and then planted on Fleckner,
688
00:35:53,084 --> 00:35:55,416
to corroborate your
self-defense story?
689
00:35:55,687 --> 00:35:57,655
I don't know who
made up that book,
690
00:35:57,722 --> 00:36:00,157
but what you're describing
never happened.
691
00:36:00,792 --> 00:36:05,855
Mr. Cerullo, did you execute a man
to avenge Philip Messick's death,
692
00:36:06,498 --> 00:36:08,125
and then cover it up? Objection!
693
00:36:08,199 --> 00:36:09,223
Overruled.
694
00:36:09,300 --> 00:36:11,325
The only covering up
I see is from you.
695
00:36:12,003 --> 00:36:15,200
You let Fleckner walk, and now
you want me to go down for it.
696
00:36:15,640 --> 00:36:19,873
Or did Fleckner walk, and you
believed that justice had to be done.
697
00:36:20,779 --> 00:36:22,611
Isn't that the truth
here, Mr. Cerullo?
698
00:36:23,081 --> 00:36:25,413
I killed him to
save my own life.
699
00:36:27,018 --> 00:36:29,112
How can that make any sense,
700
00:36:30,021 --> 00:36:33,514
when all the weapons at the
crime scene were yours?
701
00:36:35,293 --> 00:36:36,920
You got it wrong.
702
00:36:38,763 --> 00:36:40,356
Nothing further.
703
00:36:41,232 --> 00:36:42,393
Redirect, Your Honor?
704
00:36:42,467 --> 00:36:43,730
Go ahead.
705
00:36:46,504 --> 00:36:48,905
In your years
as a police officer,
706
00:36:49,808 --> 00:36:52,743
did your paths ever
cross with Jay Fleckner?
707
00:36:54,012 --> 00:36:56,504
No, but I knew him
by reputation.
708
00:36:56,815 --> 00:36:58,715
Which was? A bad guy.
709
00:36:59,084 --> 00:37:01,018
And how did you come
to know this?
710
00:37:01,553 --> 00:37:04,147
I had arrested some of
Fleckner's associates.
711
00:37:05,123 --> 00:37:08,252
People Fleckner
pulled crimes with?
712
00:37:09,394 --> 00:37:10,486
Yeah.
713
00:37:10,995 --> 00:37:12,929
Did you believe that
Fleckner knew of you?
714
00:37:14,833 --> 00:37:16,358
He definitely did.
715
00:37:16,434 --> 00:37:18,425
Why did you believe this?
716
00:37:24,175 --> 00:37:28,544
You see, I framed one of Fleckner's
buddies on a drug murder.
717
00:37:29,514 --> 00:37:31,414
A lowlife named Anton Brady.
718
00:37:31,616 --> 00:37:33,744
Another guy he ran with,
Jimmy Mills.
719
00:37:34,119 --> 00:37:35,609
I sent him up on a rape beef.
720
00:37:35,887 --> 00:37:37,377
Objection. Relevance.
721
00:37:37,856 --> 00:37:39,187
Overruled.
722
00:37:39,457 --> 00:37:42,358
You framed these men?
723
00:37:43,595 --> 00:37:46,462
I framed a lot of
bad guys in my day.
724
00:37:47,365 --> 00:37:48,594
You see,
725
00:37:49,734 --> 00:37:52,931
I'm being honest now about
everything in my past.
726
00:37:53,671 --> 00:37:56,971
I want to cop to every
wrong deed in my career,
727
00:37:57,342 --> 00:37:59,367
so you'll know
I'm telling the truth,
728
00:37:59,444 --> 00:38:01,776
that Fleckner was
out to kill me.
729
00:38:03,181 --> 00:38:04,546
I didn't realize until now.
730
00:38:04,616 --> 00:38:07,517
That's why he didn't even
hesitate to pull a gun.
731
00:38:08,153 --> 00:38:10,986
That's why I had
to defend myself.
732
00:38:20,865 --> 00:38:24,529
I think I might have something to
leverage Valerie Messick to testify.
733
00:38:24,869 --> 00:38:27,338
I showed a copy of
Philip Messick's black file
734
00:38:27,405 --> 00:38:29,806
to Andrew Semel
in the US Attorney's Office.
735
00:38:30,041 --> 00:38:33,204
The Feds' money laundering case leads
to an illegal corporate account
736
00:38:33,278 --> 00:38:35,269
at a bank in Panama City.
737
00:38:35,480 --> 00:38:37,380
It's administered
by Valerie Messick.
738
00:38:38,483 --> 00:38:40,508
He kept his own wife
in the file?
739
00:38:40,718 --> 00:38:43,949
She's hidden 12 different ways, but
their forensic accountant did the math,
740
00:38:44,022 --> 00:38:45,285
and she's tied in.
741
00:38:45,490 --> 00:38:47,549
Are the Feds planning to indict?
742
00:38:47,692 --> 00:38:49,558
Valerie could be
facing 20 years.
743
00:38:49,627 --> 00:38:52,653
But they're willing to work with us
on any deal we want to make her.
744
00:38:52,797 --> 00:38:54,356
Pitch it to her.
745
00:38:55,033 --> 00:38:58,264
Testimony against Cerullo,
or 20 years in the pen.
746
00:39:01,573 --> 00:39:03,871
My God. How could
this be happening?
747
00:39:04,309 --> 00:39:07,176
The Feds are willing to work with
us, but they won't wait forever.
748
00:39:07,345 --> 00:39:08,904
How hard are they
willing to work?
749
00:39:09,447 --> 00:39:10,676
How good is the deal?
750
00:39:11,015 --> 00:39:12,983
Five years for
the money laundering.
751
00:39:13,184 --> 00:39:16,586
No. If you want her,
immunize her.
752
00:39:17,222 --> 00:39:18,815
I want to hear
what she has to say.
753
00:39:18,890 --> 00:39:21,325
She'll talk
when she's on the stand.
754
00:39:21,492 --> 00:39:24,325
Full immunity. She doesn't
do a day in jail.
755
00:39:26,364 --> 00:39:29,527
You want Bob, that's what
you've got to live with.
756
00:39:36,908 --> 00:39:40,401
Mrs. Messick, would you
please describe your relationship
757
00:39:40,478 --> 00:39:42,105
with Bob Cerullo?
758
00:39:42,914 --> 00:39:44,382
Good friends.
759
00:39:44,549 --> 00:39:47,780
Can you describe your husband's
relationship with Mr. Cerullo?
760
00:39:50,755 --> 00:39:54,123
My husband and Bob knew each
other since they were kids.
761
00:39:54,459 --> 00:39:57,690
Your husband was a conduit
for stolen goods and weapons
762
00:39:58,363 --> 00:40:00,331
between suspects
in criminal cases
763
00:40:00,398 --> 00:40:02,662
and members of organized
crime families, correct?
764
00:40:02,734 --> 00:40:04,327
Objection. Leading.
765
00:40:04,402 --> 00:40:05,927
She's a hostile witness,
Your Honor.
766
00:40:06,104 --> 00:40:07,799
You get some room, Mr. McCoy.
767
00:40:07,906 --> 00:40:09,897
You can answer that,
Mrs. Messick.
768
00:40:10,341 --> 00:40:13,311
As far as I know,
that was the business, yes.
769
00:40:13,411 --> 00:40:15,675
Mr. Cerullo made
a great deal of money
770
00:40:15,747 --> 00:40:17,647
from this relationship,
didn't he?
771
00:40:18,549 --> 00:40:19,812
Yeah, he did.
772
00:40:19,884 --> 00:40:23,047
A money stream that
was totally turned off
773
00:40:23,855 --> 00:40:26,324
after your husband
was murdered, correct?
774
00:40:28,526 --> 00:40:30,153
As far as I know.
775
00:40:32,130 --> 00:40:35,065
Do you know Mr. Cerullo's motive
for killing Jay Fleckner?
776
00:40:35,533 --> 00:40:38,764
Was it revenge for the killing
that turned off his money?
777
00:40:43,408 --> 00:40:46,139
Can you answer that
question, Mrs. Messick?
778
00:40:49,447 --> 00:40:51,347
That wasn't his motive.
779
00:40:53,851 --> 00:40:55,148
What was?
780
00:40:57,355 --> 00:41:00,848
He did it because I asked
him to kill Jay Fleckner.
781
00:41:05,129 --> 00:41:06,824
You asked him to?
782
00:41:09,334 --> 00:41:11,928
In the hospital,
after I was attacked.
783
00:41:13,972 --> 00:41:16,202
What was Mr. Cerullo's response?
784
00:41:19,811 --> 00:41:22,906
He said he'd take care of it.
He'd kill Fleckner.
785
00:41:23,614 --> 00:41:27,141
In the event Mr. Fleckner was
exonerated at trial, correct?
786
00:41:29,153 --> 00:41:30,211
Yes.
787
00:41:32,023 --> 00:41:34,048
Which I made sure happened.
788
00:41:38,663 --> 00:41:40,631
What do you mean by that?
789
00:41:43,134 --> 00:41:45,102
I threw my testimony
during the trial,
790
00:41:45,403 --> 00:41:48,498
so Fleckner could go free,
so Bob could kill him.
791
00:41:50,942 --> 00:41:52,774
That bastard killed my husband.
792
00:41:52,844 --> 00:41:55,677
He ruined my life.
I just wanted him dead.
793
00:41:57,882 --> 00:42:00,044
I'm sorry, Bob. I'm so sorry.
794
00:42:11,696 --> 00:42:13,926
In the matter of the
People v. Robert Cerullo,
795
00:42:13,998 --> 00:42:16,365
on the count of Murder
in the Second Degree,
796
00:42:16,501 --> 00:42:17,935
how do you find?
797
00:42:18,269 --> 00:42:21,295
We find the defendant,
Robert Cerullo, guilty.
798
00:42:30,848 --> 00:42:33,340
Have fun the next
five years, McCoy.
799
00:42:33,851 --> 00:42:35,842
It's gonna be miserable.
800
00:42:46,064 --> 00:42:49,056
Valerie Messick won't have to
answer for her role in the murder.
801
00:42:49,200 --> 00:42:51,965
She made good use of that
immunity blanket we handed her.
802
00:42:52,036 --> 00:42:53,595
Without her,
we couldn't convict.
803
00:42:53,838 --> 00:42:55,772
A dozen motions for new
trials have been filed
804
00:42:55,840 --> 00:42:57,774
off Cerullo's old cases.
805
00:42:57,842 --> 00:43:00,436
Up to our eyeballs
in ancient history.
806
00:43:00,511 --> 00:43:02,309
The price of justice.
807
00:43:02,359 --> 00:43:06,909
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