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NARRATOR:
In the criminal justice system
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00:00:08,208 --> 00:00:12,076
the people are represented by two
separate yet equally important groups,
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00:00:12,145 --> 00:00:13,943
the police
who investigate crime
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00:00:14,014 --> 00:00:16,813
and the district attorneys
who prosecute the offenders.
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00:00:16,884 --> 00:00:18,511
These are their stories.
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00:00:20,087 --> 00:00:22,715
Forget about stats, man,
I'm talking about heart.
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00:00:22,823 --> 00:00:24,313
And Peyton still
comes out on top.
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00:00:24,391 --> 00:00:26,792
(SCOFFS) Do you even have
the sports package? Huh?
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00:00:26,860 --> 00:00:28,726
Eli pulls off miracles in the
fourth quarter. (BELL RINGING)
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00:00:28,795 --> 00:00:30,024
And what's he doing
the other three?
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00:00:30,097 --> 00:00:31,724
Peyton kicks ass the whole game.
MAN: Open gate!
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00:00:31,798 --> 00:00:34,324
Peyton's the past, man.
Eli's the future.
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00:00:34,434 --> 00:00:35,560
No one's
talking to you.
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00:00:35,669 --> 00:00:37,660
I got nothing to do inside,
except read the sports page.
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00:00:37,771 --> 00:00:39,637
Yo, I said shut
your damn mouth.
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00:00:42,175 --> 00:00:45,236
(GRUNTING)
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00:00:49,816 --> 00:00:51,045
(DISTANT SIRENS)
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00:00:51,118 --> 00:00:52,745
VAN BUREN: Where's
the other officer?
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00:00:52,819 --> 00:00:55,117
On a bus to City
Hospital, most likely.
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00:00:55,188 --> 00:00:56,246
And the con?
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00:00:56,323 --> 00:00:57,381
In the wind.
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00:00:57,457 --> 00:01:00,586
Leon Vorgitch, a lifer from
Green Haven, here on appeal.
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00:01:00,727 --> 00:01:02,855
Vorgitch? How did
he get aweapon?
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00:01:02,930 --> 00:01:06,059
Plastic shiv. Slipped right
past the metal detectors.
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00:01:06,133 --> 00:01:08,124
And we found this.
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00:01:08,969 --> 00:01:11,267
Handcuff key.
Also plastic.
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00:01:11,338 --> 00:01:12,931
Where are we
so far, Detective?
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00:01:13,040 --> 00:01:16,738
Got teams searching the area. DCPl's
getting his picture out to the media.
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00:01:17,144 --> 00:01:19,169
With atip line
to call if he's spotted.
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VAN BUREN: Lot of folks
gonna remember this face.
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It doesn't place.
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00:01:22,616 --> 00:01:26,177
He slaughtered five people
in a burgerjoint in '97.
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00:01:26,320 --> 00:01:29,085
The Midtown Massacre?
That I remember.
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00:01:29,189 --> 00:01:31,749
I was working Narcotics around
the corner at the time,
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and I was one of the first to respond.
I testified at his trial.
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00:01:34,328 --> 00:01:35,693
They put him
on death row.
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00:01:35,762 --> 00:01:37,457
Three times over.
But they changed the law
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00:01:37,531 --> 00:01:38,999
before they got
the needle in him.
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00:01:39,099 --> 00:01:41,500
This is the bastard that's
supposed to be dead.
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00:02:32,352 --> 00:02:35,378
Leon's not coming to me.
He knows I won't help.
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00:02:35,455 --> 00:02:38,288
When's the last time you spoke
with your son, Mrs. Vorgitch?
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00:02:38,358 --> 00:02:40,554
Eight years ago,
at the trial.
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00:02:40,661 --> 00:02:42,288
You two had
a falling out?
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00:02:42,663 --> 00:02:44,757
He murdered
five people.
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00:02:44,831 --> 00:02:48,392
Can you imagine? Knowing you
brought a monster into the world?
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00:02:48,602 --> 00:02:50,036
Has he been
in contact with you?
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00:02:50,570 --> 00:02:53,596
I had my number blocked,
so he can't call.
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00:02:53,707 --> 00:02:55,971
If he sends letters,
I send them back.
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00:02:56,076 --> 00:02:58,807
The last one was
about a month ago.
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00:02:59,780 --> 00:03:02,272
I want him caught
as much as you do.
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00:03:02,849 --> 00:03:04,544
I never wanna
see him again.
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00:03:05,419 --> 00:03:08,582
Still, we're gonna assign a security
detail to keep an eye on you, all right?
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00:03:09,423 --> 00:03:12,154
Long as I can still get to
my church and my doctor.
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00:03:12,325 --> 00:03:14,089
Yes, ma'am. Thank you.
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00:03:16,363 --> 00:03:17,831
You should talk
to his brother.
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00:03:19,332 --> 00:03:22,131
I won't let Carl mention
his name around me.
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00:03:22,436 --> 00:03:24,530
But I know they're
still in touch.
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00:03:27,841 --> 00:03:30,674
Look, I visit him on birthdays
and holidays, that's it!
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00:03:30,744 --> 00:03:32,007
You mind if we check
your cell phone?
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00:03:32,079 --> 00:03:33,240
It broke.
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00:03:33,313 --> 00:03:35,611
I'm checking it anyway. And
if find out you're lying,
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00:03:35,682 --> 00:03:36,945
people are gonna be
visiting you in prison.
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00:03:37,718 --> 00:03:40,415
So just do the right thing
and help us find your brother.
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00:03:40,487 --> 00:03:42,922
For what? So you can gun
him down in the street?
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00:03:42,989 --> 00:03:44,787
If Leon cooperates,
he won't be harmed.
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00:03:45,092 --> 00:03:46,253
That's crap!
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00:03:46,326 --> 00:03:49,387
You guys tried to execute him. I'm
not gonna give you a second chance!
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00:03:49,696 --> 00:03:52,563
You're gonna give us the names of
people that might be helping him,
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00:03:52,632 --> 00:03:54,498
or I swear to God
I will take you down!
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00:03:55,102 --> 00:03:56,797
Names! Come on!
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00:03:56,870 --> 00:03:59,168
All right! All right! (PANTING)
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00:03:59,606 --> 00:04:02,667
Jerry Malcolm. He's our cousin.
He lives on 89th.
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00:04:03,443 --> 00:04:06,174
Dennis Vorgitch is our uncle.
He's in Brooklyn.
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00:04:06,246 --> 00:04:09,147
Uh... Uh, Nick Lombardi,
a guy we used to run with.
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00:04:09,216 --> 00:04:10,684
I think he's in Queens
now, you can try them.
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00:04:14,755 --> 00:04:16,883
Your list has Nikki
Hale and Rex Mays
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00:04:16,957 --> 00:04:19,016
listed as Leon's ex-girlfriend
and best friend.
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00:04:19,092 --> 00:04:20,389
He didn't mention
either of them.
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00:04:20,460 --> 00:04:22,292
Yeah, we're gonna
go see them next.
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00:04:22,362 --> 00:04:24,023
Fugitive Team's looking
for a current on Mays,
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00:04:24,097 --> 00:04:26,998
but I'm pretty sure Nikki still
lives at the same address.
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00:04:30,203 --> 00:04:31,932
Sorry, haven't
seen Leon
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00:04:32,005 --> 00:04:34,804
since he left me pregnant, and
blew those people's heads off.
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00:04:34,875 --> 00:04:37,276
Well, we need to find him
before he does it again.
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00:04:37,410 --> 00:04:39,310
Is there some reason
you're not letting us in?
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00:04:45,685 --> 00:04:47,380
(INDISTINCT CHATTER ON TV)
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00:04:55,228 --> 00:04:56,696
The visitor's log
from Green Haven
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00:04:56,763 --> 00:04:58,822
says that you saw
Leon three months ago.
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00:04:58,999 --> 00:05:00,091
So?
So you just said
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00:05:00,167 --> 00:05:01,396
you hadn't him
since the massacre!
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00:05:02,402 --> 00:05:03,665
Guess I forgot.
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00:05:03,737 --> 00:05:05,102
I can see how
a two-hour drive
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00:05:05,172 --> 00:05:06,697
to a state prison
could slip your mind.
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00:05:06,773 --> 00:05:08,138
If there's anything
else you forgot,
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00:05:08,208 --> 00:05:10,108
now would be a real good
time to suddenly remember.
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00:05:10,177 --> 00:05:11,303
I haven't seen him!
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00:05:12,279 --> 00:05:13,508
Looks like you
had a guest.
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00:05:13,580 --> 00:05:15,844
Sol had a few beers,
is that a crime?
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00:05:15,982 --> 00:05:17,347
I didn't smell beer
on your breath.
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00:05:17,450 --> 00:05:18,815
ED: You think
we're playing with you?
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00:05:18,919 --> 00:05:20,614
We can test those
bottles for Leon's DNA.
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00:05:20,687 --> 00:05:23,918
If we find any, you go down
for hindering prosecution.
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00:05:24,024 --> 00:05:26,254
And the murderer's son?
He goes to Child Services.
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00:05:26,626 --> 00:05:28,594
CASSADY: Probably be better
off in foster care, anyway.
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00:05:28,862 --> 00:05:30,421
From the looks of things.
NIKKI: Please don't!
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00:05:30,497 --> 00:05:31,623
Where's Leon?
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00:05:31,698 --> 00:05:34,292
I don't know! He came by
about two hours ago, okay?
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00:05:34,367 --> 00:05:35,664
But I told him
to get out!
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00:05:35,735 --> 00:05:38,932
After you fed him and gave
him a change of clothes?
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00:05:41,141 --> 00:05:42,609
What's he wearing now?
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00:05:43,143 --> 00:05:44,907
Gray hoodie,
white shirt, jeans.
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00:05:45,011 --> 00:05:46,035
ED: Where was he headed?
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00:05:46,112 --> 00:05:47,170
NIKKI: He didn't say!
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00:05:47,247 --> 00:05:48,339
Give me one reason
to believe you.
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00:05:48,715 --> 00:05:51,275
Because I don't wanna lose my kid!
Please!
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00:05:53,286 --> 00:05:55,084
The tip line's
had 92 reports,
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00:05:55,155 --> 00:05:57,522
only one of them has him in
a gray, hooded sweatshirt.
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00:05:57,591 --> 00:05:59,184
ED: Where?
Port Authority.
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00:06:01,795 --> 00:06:04,423
Anybody gets killed
because you've helped him,
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00:06:04,497 --> 00:06:06,295
kiss your kid goodbye.
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00:06:09,169 --> 00:06:11,763
We've checked every outgoing
bus in the last two hours.
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00:06:11,838 --> 00:06:13,533
We're talking
to personnel inside,
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00:06:13,607 --> 00:06:14,972
so far no one
remembers seeing him.
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00:06:15,041 --> 00:06:17,032
But it's a sure bet he's
trying to leave town. Hey.
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00:06:17,110 --> 00:06:19,841
Detectives Green and Hannigan. This
is Kelly, she called in the tip.
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00:06:19,913 --> 00:06:20,971
How you doing?
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00:06:21,047 --> 00:06:22,606
I work in the E.R.
across the street.
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00:06:22,682 --> 00:06:24,446
I was on a smoke break
when I saw him.
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00:06:24,517 --> 00:06:26,246
You sure this
is the guy you saw?
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00:06:26,486 --> 00:06:28,818
Yeah. His face
is all over the TV.
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00:06:28,889 --> 00:06:29,947
How long ago?
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00:06:30,023 --> 00:06:33,425
Took my break at 10:00,
so, like, an hour.
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00:06:33,593 --> 00:06:35,083
What did he do? Did
he go in the station?
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00:06:35,161 --> 00:06:36,424
I don't know.
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00:06:36,563 --> 00:06:39,498
He noticed me looking at
him, and he walked away.
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00:06:39,833 --> 00:06:41,562
I'm sorry, I wish
I could tell you more.
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00:06:41,635 --> 00:06:42,761
No, it's okay,
thank you.
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00:06:42,836 --> 00:06:44,167
You got her?
Yeah.
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00:06:44,304 --> 00:06:46,796
So he doesn't hop a bus,
where does he go from here?
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00:06:46,873 --> 00:06:48,466
We got guys
watching the subway.
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00:06:48,541 --> 00:06:51,272
And we put word through TLC for
cabbies to keep an eye out.
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00:06:51,344 --> 00:06:52,436
Let's hope
he's on foot.
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00:06:52,512 --> 00:06:55,311
Well, it's an hour head start,
that's at least a five-mile radius.
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00:06:55,382 --> 00:06:57,146
We're on it.
All right, cool.
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00:06:58,685 --> 00:07:00,619
Detectives Green
and Cassady. Homicide.
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00:07:00,687 --> 00:07:02,621
Nguyen, Fugitive.
Says he saw our guy.
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00:07:02,689 --> 00:07:03,713
How long ago?
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00:07:03,790 --> 00:07:04,985
(SPEAKING FOREIGN LANGUAGE)
149
00:07:05,058 --> 00:07:08,323
Barely speaks English, but when I
showed him the picture, he nodded.
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00:07:08,428 --> 00:07:10,954
You saw this guy? (SPEAKING
FOREIGN LANGUAGE) Uh... Yes, yes.
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00:07:11,031 --> 00:07:12,226
When?
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00:07:12,299 --> 00:07:15,166
(SPEAKING FOREIGN LANGUAGE)
Uh... An hour, half.
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00:07:15,235 --> 00:07:18,330
All units, suspect spotted within the
vicinity of Forty-Sixth and Eighth
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00:07:18,438 --> 00:07:20,099
within the last
30 minutes.
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00:07:20,173 --> 00:07:22,073
Uptown. Headed Uptown!
Thank you.
156
00:07:22,842 --> 00:07:25,209
Leon's updated contact
list has a former cellmate
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00:07:25,278 --> 00:07:27,212
living at Fiftieth
and Tenth.
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00:07:30,884 --> 00:07:32,352
ED: Get your ass
over here!
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00:07:32,419 --> 00:07:33,648
(GRUNTS)
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00:07:33,720 --> 00:07:34,949
Why you
running, Pedro?
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00:07:35,021 --> 00:07:37,319
Well, you chasing me, man.
Where's Vorgitch?
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00:07:37,390 --> 00:07:39,222
No idea, man. I ain't
seen him since I got out,
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00:07:39,292 --> 00:07:40,623
and I hope I never do.
That dude's a psycho!
164
00:07:41,294 --> 00:07:43,626
You're on parole, right? Sheet
says you're a meth-head.
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00:07:43,730 --> 00:07:44,856
Recovered mew-head.
166
00:07:44,931 --> 00:07:47,491
Oh, I guess recovery's
not going so hot.
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00:07:48,635 --> 00:07:50,865
Look, yo, I can't
go back, man.
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00:07:51,037 --> 00:07:52,471
Okay, I can help.
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00:07:52,939 --> 00:07:54,031
Just don't
tell my P.O.
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00:07:54,274 --> 00:07:55,503
So help!
171
00:07:57,344 --> 00:07:59,711
Leon comes knocking on my
door about a hour ago.
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00:07:59,779 --> 00:08:00,871
Looking to score a piece.
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00:08:01,014 --> 00:08:02,539
You gave him aweapon? No!
174
00:08:02,615 --> 00:08:05,516
Hell, no, man, I don't do guns, man! But
I had to give him something, right?
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00:08:05,585 --> 00:08:07,144
So, I sent him to this guy,
Skinny, to hook him up.
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00:08:07,454 --> 00:08:08,546
Where?
177
00:08:10,056 --> 00:08:11,421
ESU 1: Police!
Search warrant!
178
00:08:14,027 --> 00:08:16,086
ESU 1: Clear!
ESU 2: Clear!
179
00:08:16,196 --> 00:08:17,527
ESU 3: Body's still warm.
180
00:08:17,597 --> 00:08:19,122
All right, clear the building.
Get the Fugitive Team
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00:08:19,199 --> 00:08:21,167
to lock down
the whole area, okay?
182
00:08:22,235 --> 00:08:24,465
ESU 1: Got a DOA apparent
on the site, still fresh.
183
00:08:25,205 --> 00:08:27,367
Got a half a box
of ammo, .45s.
184
00:08:27,440 --> 00:08:30,466
All I got here are shotguns,
a 9 mil, and two .38s.
185
00:08:30,643 --> 00:08:32,907
All units, suspect
is now armed.
186
00:08:32,979 --> 00:08:34,504
I repeat, Vorgitch
has a gun.
187
00:08:34,581 --> 00:08:36,640
With at least 25
Teflon rounds.
188
00:08:41,254 --> 00:08:44,451
The dogs were unable
to pick up Leon's scent?
189
00:08:44,524 --> 00:08:45,787
Fugitive Team's
still searching,
190
00:08:45,859 --> 00:08:47,884
but we got witnesses
in six different directions
191
00:08:47,994 --> 00:08:49,223
that all say
they saw him.
192
00:08:49,295 --> 00:08:51,491
Where are we on the list
of Leon's contacts?
193
00:08:51,564 --> 00:08:55,330
We've questioned everyone but an old
best friend who moved to California.
194
00:08:55,402 --> 00:08:58,667
We sent Leon's photo to their
local PD, in case he shows.
195
00:08:58,805 --> 00:09:03,265
So our escaped convict's back in
the wind, we got another DOA.
196
00:09:03,410 --> 00:09:05,139
That makes
the body count three.
197
00:09:05,211 --> 00:09:06,303
What?
198
00:09:07,113 --> 00:09:09,172
Officer Williams
died in surgery.
199
00:09:16,322 --> 00:09:18,222
ED: I'm gonna ask you one more
time, where was Leon going?
200
00:09:18,291 --> 00:09:19,417
I told you,
he didn't say.
201
00:09:19,492 --> 00:09:22,052
And I told you that
wasn't good enough!
202
00:09:22,128 --> 00:09:23,186
Now think!
203
00:09:23,263 --> 00:09:25,391
Did he give you a clue as to
where he might've been going?
204
00:09:25,465 --> 00:09:27,433
What did he want
with a gun?
205
00:09:27,534 --> 00:09:28,695
(SCOFFING)
206
00:09:29,269 --> 00:09:30,828
Protect himself
against you guys.
207
00:09:31,037 --> 00:09:32,198
Did he say that?
208
00:09:32,272 --> 00:09:33,603
No. I'm guessing,
man, I don't know!
209
00:09:34,207 --> 00:09:36,107
Nina, watch the door.
210
00:09:37,377 --> 00:09:40,210
You already admitted that you
helped him get that gun.
211
00:09:40,280 --> 00:09:42,715
So when I'm done with you here,
I'm calling the D.A. in here,
212
00:09:42,782 --> 00:09:46,741
and he's gonna charge you with co-conspiracy,
unless you tell me what I wanna know!
213
00:09:47,754 --> 00:09:50,485
I told you, he didn't
say where was going.
214
00:09:50,723 --> 00:09:53,317
Or what he wanted the gun for, man.
We hardly talked, man!
215
00:09:53,760 --> 00:09:56,855
Did he wanna buy anything else?
A car, a fake ID?
216
00:09:57,564 --> 00:09:59,293
No, no, I swear, man.
217
00:09:59,365 --> 00:10:01,356
But when gave him
Skinny's address,
218
00:10:01,434 --> 00:10:03,528
he was asking me
if I had a phone book.
219
00:10:03,736 --> 00:10:05,033
A phone book? Why?
220
00:10:05,238 --> 00:10:07,206
He just asked.
I said I didn't.
221
00:10:07,273 --> 00:10:10,004
I gave him the address
and he left, and that's it!
222
00:10:16,449 --> 00:10:19,350
What does Leon want with
a Manhattan phone book?
223
00:10:19,919 --> 00:10:22,445
Looking for a way out,
car service or something.
224
00:10:23,089 --> 00:10:26,184
That's assuming
he's trying to skip town.
225
00:10:26,493 --> 00:10:27,722
You think he's not?
226
00:10:27,794 --> 00:10:30,593
If he's not looking for a ride,
he's looking for people.
227
00:10:30,663 --> 00:10:32,791
Sticking around
for revenge.
228
00:10:33,099 --> 00:10:36,694
Explains the gun. You don't go buy
a .45 unless you mean business.
229
00:10:36,769 --> 00:10:39,466
Yeah, I want a security
detail assigned to everyone
230
00:10:39,539 --> 00:10:42,338
who testified against him, and
that includes your family.
231
00:10:42,408 --> 00:10:44,103
Oh, I'm way ahead of you.
They're Upstate.
232
00:10:44,177 --> 00:10:47,977
All right. So if this is the
deal, who's he going after?
233
00:10:48,114 --> 00:10:50,242
My first guess would be Mia.
Mia Alvarez.
234
00:10:50,316 --> 00:10:53,149
I mean, if you ask me, it was her testimony
that got him the death sentence.
235
00:10:53,486 --> 00:10:54,885
Go talk to her.
236
00:10:57,590 --> 00:11:02,027
It went in here,
and came out here.
237
00:11:03,563 --> 00:11:06,760
The doctor said it was a miracle it
missed my carotid and jugular vein.
238
00:11:07,000 --> 00:11:08,229
So you would
have been...
239
00:11:08,301 --> 00:11:09,598
Body number six.
240
00:11:10,570 --> 00:11:12,834
It's good to see you
again, Detective Green.
241
00:11:12,906 --> 00:11:14,772
Thank you for sending
people to look after me.
242
00:11:14,841 --> 00:11:17,173
Don't worry, they're not gonna let
him get anywhere near you, okay?
243
00:11:18,745 --> 00:11:20,873
CASSADY: Has Leon tried
to contact you recently?
244
00:11:20,947 --> 00:11:22,108
Not for a long time.
245
00:11:22,515 --> 00:11:24,040
I know he used
to mail threats.
246
00:11:24,584 --> 00:11:28,521
Yeah, those pretty much stopped once
they decided not to execute him.
247
00:11:28,755 --> 00:11:30,348
But you should
talk to John Garvey.
248
00:11:30,423 --> 00:11:34,121
Of all the victim's families, John
fought hardest to get Leon executed.
249
00:11:34,194 --> 00:11:36,185
Yeah, I remember his
speech at the sentencing.
250
00:11:36,963 --> 00:11:39,898
Yeah, from what I hear, he
writes a letter every month.
251
00:11:41,834 --> 00:11:44,462
"My son would have
been 24 this month.
252
00:11:45,572 --> 00:11:47,563
"You cut his life short.
253
00:11:47,640 --> 00:11:49,074
"But Chris did more
with his young life
254
00:11:49,142 --> 00:11:50,632
"than you've done in your
whole worthless existence.
255
00:11:50,710 --> 00:11:52,474
"You're nothing, vile.
256
00:11:52,545 --> 00:11:55,037
"A piece of crap not even
a mother could love."
257
00:11:55,648 --> 00:11:56,945
He ever write you back?
258
00:11:57,016 --> 00:11:58,780
Lots of times.
I burned the letters.
259
00:11:58,851 --> 00:12:00,410
How about phone calls
since he got out?
260
00:12:00,486 --> 00:12:03,012
I wish. I pray that bastard
comes looking for me,
261
00:12:03,089 --> 00:12:05,353
and you can send
the cops outside home.
262
00:12:05,558 --> 00:12:06,855
I got this.
263
00:12:07,126 --> 00:12:08,855
You got a permit for that?
Of course.
264
00:12:09,829 --> 00:12:12,423
All's I'm saying is, don't worry about me.
(CELL PHONE RINGING)
265
00:12:12,498 --> 00:12:13,897
That son of a bitch
comes looking for me,
266
00:12:13,967 --> 00:12:15,833
he'll finally get
that death sentence.
267
00:12:15,902 --> 00:12:17,028
ED: Nina.
268
00:12:18,238 --> 00:12:20,536
We gotta go. Fugitive
Team found Rex Mays.
269
00:12:20,607 --> 00:12:21,699
The best friend?
Yeah.
270
00:12:21,774 --> 00:12:25,369
He wasn't in LA, he squatting in his
dead aunt's apartment in Harlem.
271
00:12:25,745 --> 00:12:27,042
Sir.
Hey.
272
00:12:27,680 --> 00:12:30,775
You get a shot at
Vorgitch, please take it?
273
00:12:40,893 --> 00:12:42,327
(COCKING GUNS)
274
00:12:44,163 --> 00:12:45,858
ESU 1: Police!
Search warrant!
275
00:12:46,266 --> 00:12:47,995
ESU 2: Clear!
ESU 3: All clear!
276
00:12:53,172 --> 00:12:54,662
ED: Nina, look.
277
00:12:54,807 --> 00:12:56,434
CASSADY: Looks like Leon
found his phone book.
278
00:12:56,509 --> 00:12:57,806
ED: Hospital listings.
279
00:12:58,678 --> 00:13:00,271
There was an E.R.
across the street
280
00:13:00,346 --> 00:13:01,836
from the bus station
where he was spotted.
281
00:13:01,914 --> 00:13:03,939
You think he's hurt?
It's possible.
282
00:13:04,584 --> 00:13:06,348
I'll star-six-nine it.
283
00:13:08,821 --> 00:13:12,086
No dial tone. I guess Rex
doesn't pay to have a landline.
284
00:13:12,191 --> 00:13:13,488
Look at this.
285
00:13:14,494 --> 00:13:16,588
It's a box
from a disposable cell.
286
00:13:16,663 --> 00:13:20,065
The serial number should get us
everything we need to track his location.
287
00:13:20,133 --> 00:13:21,191
Got it.
288
00:13:23,136 --> 00:13:26,766
Leatherjacket, he's about to
pass the blue car. Pull up.
289
00:13:27,273 --> 00:13:28,763
Here we go.
290
00:13:30,310 --> 00:13:32,335
Hey, Rex,
how's it going?
291
00:13:32,879 --> 00:13:34,438
Don't move.
(SIREN WAILING)
292
00:13:37,550 --> 00:13:40,178
Hands on top of the car!
Legs spread, come on!
293
00:13:43,022 --> 00:13:45,013
How you been, Rex?
I know you?
294
00:13:45,091 --> 00:13:46,183
We have
a mutual friend.
295
00:13:46,259 --> 00:13:47,886
He deleted
his call history.
296
00:13:47,960 --> 00:13:49,121
Where's Leon?
297
00:13:49,195 --> 00:13:50,356
Who?
298
00:13:50,563 --> 00:13:53,225
Not a good time to play dumb, Rex.
We've already been to your place.
299
00:13:53,333 --> 00:13:55,324
You helped
an escaped murderer.
300
00:13:55,401 --> 00:13:58,894
That's a C felony, 15 years.
Now where the hell is he?
301
00:13:59,505 --> 00:14:02,270
We know he's out for revenge, Rex.
Who's he after?
302
00:14:02,342 --> 00:14:06,006
I saw your rap sheet, man. You
ain't never done no hard time!
303
00:14:06,112 --> 00:14:09,707
Now how long you think you gonna
last in maximum security?
304
00:14:10,516 --> 00:14:12,951
You had your chance, lock his ass up!
OFFICER: Come on.
305
00:14:13,019 --> 00:14:17,217
Wait, wait, wait. It ain't about revenge!
His mom's got cancer.
306
00:14:17,657 --> 00:14:18,749
She's dying?
307
00:14:19,792 --> 00:14:21,226
Diagnosed last month.
308
00:14:21,294 --> 00:14:23,991
She won't come see him, won't
talk to him on the phone.
309
00:14:24,063 --> 00:14:25,326
Lee busted out
to say goodbye.
310
00:14:25,565 --> 00:14:27,124
So he knows we're
watching her place,
311
00:14:27,200 --> 00:14:28,429
so he's trying to catch
her at the doctor's?
312
00:14:28,901 --> 00:14:31,029
HospHaH She just started chemo.
313
00:14:31,137 --> 00:14:32,366
Read him his rights.
314
00:14:32,438 --> 00:14:33,701
Are you still
gonna charge me?
315
00:14:33,773 --> 00:14:35,241
Oh, hell, yeah!
316
00:14:35,508 --> 00:14:37,442
OFFICER: Rex Mays, you're
under arrest. Thanks.
317
00:14:37,510 --> 00:14:39,137
The detail watching
Delores Vorgitch
318
00:14:39,212 --> 00:14:41,374
has her at Holy Cross
Medical in Chelsea.
319
00:14:45,051 --> 00:14:47,042
Excuse me, Delores
Vorgitch, which room?
320
00:14:47,120 --> 00:14:49,612
Two forty five, down
the hall on the right.
321
00:14:50,523 --> 00:14:51,684
He was here?
Yeah,
322
00:14:51,758 --> 00:14:53,954
I swear to God, I just went to the
bathroom for, like, two minutes.
323
00:14:54,026 --> 00:14:56,154
Okay, find any exit and
keep your eyes open, okay?
324
00:14:56,229 --> 00:14:57,287
Yeah.
325
00:14:58,398 --> 00:14:59,991
What happened?
(CRYING)
326
00:15:00,266 --> 00:15:02,758
He just wanted me
to forgive him.
327
00:15:02,835 --> 00:15:04,166
And I wouldn't.
328
00:15:04,270 --> 00:15:06,932
He called me a bitch and
left through the window.
329
00:15:07,240 --> 00:15:08,833
Take the back stairs,
we got the roof.
330
00:15:23,423 --> 00:15:24,913
Leon, stop!
331
00:15:42,108 --> 00:15:43,269
Leon!
332
00:15:43,943 --> 00:15:46,344
Subject has entered a school
next to the hospital!
333
00:15:46,412 --> 00:15:48,676
Repeat, subject has entered the
school next to the hospital!
334
00:15:48,748 --> 00:15:49,840
Proceed with
extreme caution.
335
00:15:50,450 --> 00:15:53,010
MAN: (OVER RADIO) 10-4, aii units.
Attention, aii units.
336
00:15:53,085 --> 00:15:55,679
Suspect has entered the school
next to Holy Cross Medical.
337
00:15:56,055 --> 00:15:57,921
He is armed and considered
extremely dangerous.
338
00:15:57,990 --> 00:15:59,082
Proceed with caution.
339
00:16:12,572 --> 00:16:13,733
Back the hell off!
340
00:16:13,973 --> 00:16:16,374
Anyone makes a move on me, they all die!
(KIDS SCREAMING)
341
00:16:16,476 --> 00:16:18,342
All units, roll back,
roll back.
342
00:16:18,411 --> 00:16:19,640
Get everybody
out of the building.
343
00:16:19,712 --> 00:16:21,009
We have
a hostage situation here.
344
00:16:22,181 --> 00:16:23,410
LEON: Get over there!
345
00:16:23,483 --> 00:16:25,451
TEACHER: Please! Letthen1go!
LEON: Shut up, bitch!
346
00:16:26,452 --> 00:16:28,284
Shh... LEON: Shut
your damn mouth!
347
00:16:28,354 --> 00:16:29,753
You wanna die?
348
00:16:30,022 --> 00:16:31,353
Everybody, up
against the wall.
349
00:16:32,959 --> 00:16:35,087
I said now!
Get down!
350
00:16:35,761 --> 00:16:38,321
You! You! Yes, you,
get down in the corner!
351
00:16:38,598 --> 00:16:39,861
(TEACHER CRYING OUT)
352
00:16:40,032 --> 00:16:42,399
You! Get your ass
up against the wall!
353
00:16:42,468 --> 00:16:44,527
The next one of you little
bitches makes a sound...
354
00:16:45,004 --> 00:16:48,440
Major Case says the hostage
negotiator is on her way.
355
00:16:48,541 --> 00:16:50,873
Does she know that there's 15
kids in the room? Yes. She knows.
356
00:16:51,043 --> 00:16:53,774
Lieutenant! He says his kid's
in the room with the perp.
357
00:16:53,846 --> 00:16:55,780
She texted him she's getting
sick, diabetic shock.
358
00:16:55,848 --> 00:16:58,749
She says she's getting dizzy and confused.
She's going into shock.
359
00:16:58,818 --> 00:17:00,809
What's your name? Rob Purcell.
Her name's Megan.
360
00:17:00,887 --> 00:17:02,184
If she can just
get her medicine...
361
00:17:02,255 --> 00:17:05,156
Mr. Purcell, we're doing everything
possible to make sure that happens.
362
00:17:05,224 --> 00:17:07,852
I want all these cars
outta here, or they die!
363
00:17:07,927 --> 00:17:09,827
Pull all the units
until the intersection
364
00:17:09,896 --> 00:17:11,386
until the Hostage
Team gets here.
365
00:17:11,464 --> 00:17:14,092
I want those guns away! Get
the hell off the street!
366
00:17:14,166 --> 00:17:17,500
For now, we do like he says
until the team's in place.
367
00:17:17,870 --> 00:17:19,770
(LOUD BANG) What
the hell was that?
368
00:17:20,139 --> 00:17:21,834
(GUNSHOT)
(KIDS SCREAMING)
369
00:17:22,008 --> 00:17:24,204
OFFICER: Shots fired! Shots fired!
Oh, God!
370
00:17:24,443 --> 00:17:26,309
(PEOPLE CLAMORING)
371
00:17:27,914 --> 00:17:29,905
We're going in.
ESU 1: Go, go. Move, move!
372
00:17:30,016 --> 00:17:31,643
Let me see your hands!
373
00:17:31,884 --> 00:17:33,909
ESU 2: Teacher reports kids down.
Don't you move!
374
00:17:34,120 --> 00:17:35,713
ESU 3: Contact EMS,
we got bodies.
375
00:17:35,788 --> 00:17:38,689
ESU 2: We got one apprehended.
Send in EMS, we got four shot.
376
00:17:40,927 --> 00:17:42,656
You can't shoot me,
I'm unarmed.
377
00:17:42,728 --> 00:17:44,025
Why'd you have
to shoot them?
378
00:17:45,298 --> 00:17:46,527
Why not?
379
00:18:01,280 --> 00:18:02,975
Get him out of here.
380
00:18:20,733 --> 00:18:22,895
CLERK: "Docket number 48215.
381
00:18:22,969 --> 00:18:24,767
�People v.
Leon Wayne Vorgitch.
382
00:18:24,837 --> 00:18:27,602
"Charges are eight counts of
murder in the First Degree,
383
00:18:27,707 --> 00:18:28,868
"Escape in the First Degree,
384
00:18:28,941 --> 00:18:31,069
"and Criminal Possession
ofaWeapon in the Second Degree."
385
00:18:31,143 --> 00:18:32,838
How does the defendant
plead, Mr...
386
00:18:32,945 --> 00:18:34,879
Kiss my ass,
that's how I plead.
387
00:18:34,947 --> 00:18:36,540
Control your
client, Counselor.
388
00:18:36,716 --> 00:18:39,515
I'll do my best, YourHonoL
He pleads not guilty.
389
00:18:39,719 --> 00:18:42,950
And since he's already serving three
life sentences for mass murder,
390
00:18:43,055 --> 00:18:44,420
bail's not an issue.
391
00:18:44,523 --> 00:18:46,992
But, which cell he's
returned to is, Your Honor.
392
00:18:47,093 --> 00:18:48,925
The defendant
obtained the tools
393
00:18:48,995 --> 00:18:51,555
for his escape while
incarcerated at Green Haven.
394
00:18:51,631 --> 00:18:52,792
People ask
that Corrections
395
00:18:52,865 --> 00:18:55,163
place him in a federal supermax
facility pending trial.
396
00:18:55,534 --> 00:18:57,263
Mr. Edlund? No
objection, YourHonoL
397
00:18:57,703 --> 00:18:59,569
So ordered.
(BANGS GAVEL)
398
00:19:00,906 --> 00:19:03,068
You can lock me up
wherever you want, bitch!
399
00:19:03,142 --> 00:19:04,610
We're done,
get him out of here.
400
00:19:04,677 --> 00:19:07,169
Lock me up wherever you want,
'cause that's all you can do!
401
00:19:07,847 --> 00:19:10,942
And next time I get out, I'm
coming straight for you, bitch!
402
00:19:11,017 --> 00:19:12,109
Get your hands off me!
403
00:19:15,187 --> 00:19:17,451
Murder two on all
eight charges.
404
00:19:17,690 --> 00:19:19,180
LEON: Go to hell, McCoy.
405
00:19:19,525 --> 00:19:23,018
Murder one, two, three. What
the hell does that even mean?
406
00:19:25,031 --> 00:19:26,795
I want something real.
407
00:19:26,866 --> 00:19:29,631
TV time.
Conjugal visits.
408
00:19:30,202 --> 00:19:32,534
JACK: We're not here to offer perks, Mr.
Vorgitch.
409
00:19:33,639 --> 00:19:35,767
I want one
of them flat screens.
410
00:19:36,575 --> 00:19:39,067
That's my price.
Take it or leave it.
411
00:19:40,946 --> 00:19:42,277
We'll leave it.
412
00:19:42,548 --> 00:19:43,709
Fine.
413
00:19:44,050 --> 00:19:46,576
But every day I get on
that bus and go to court
414
00:19:46,652 --> 00:19:49,383
is another day I don't
have to spend in here.
415
00:19:50,122 --> 00:19:51,715
Another chance
to escape.
416
00:19:55,428 --> 00:19:56,827
(DOOR BUZZING OPEN)
417
00:19:57,863 --> 00:20:00,764
Megan died before
we reached the hospital.
418
00:20:00,933 --> 00:20:03,766
It's been very
hard on all of us.
419
00:20:04,103 --> 00:20:07,038
Especially since Vorgitch should
have been executed years ago.
420
00:20:07,339 --> 00:20:10,969
And that's what makes it not just a
personal tragedy for the Purcell family,
421
00:20:11,043 --> 00:20:14,138
but a moral outrage
for all of New York.
422
00:20:14,313 --> 00:20:16,509
We have to fight for the
families of the victims.
423
00:20:16,982 --> 00:20:18,882
We need
the death penalty.
424
00:20:19,085 --> 00:20:22,248
And when I'm elected, I will
fight to bring it back.
425
00:20:22,321 --> 00:20:23,789
Thank you, ladies and gentlemen.
Come on.
426
00:20:24,824 --> 00:20:27,816
Didn't take Dena Carter
long to make political hay.
427
00:20:27,960 --> 00:20:30,190
While she's out campaigning
for the death penalty,
428
00:20:30,262 --> 00:20:31,787
what are we supposed
to do without it?
429
00:20:31,864 --> 00:20:34,060
Either we decline
to prosecute Vorgitch,
430
00:20:34,133 --> 00:20:37,159
or we waste three months on a
murder trial with nothing at stake.
431
00:20:37,603 --> 00:20:39,594
No trial for eight dead?
432
00:20:40,239 --> 00:20:42,401
Two and four children,
we owe the families.
433
00:20:42,875 --> 00:20:45,970
Now what we owe them is Vorgitch
getting an arm full of poison.
434
00:20:46,045 --> 00:20:47,740
Not an option
right now.
435
00:20:48,881 --> 00:20:50,110
Are we sure
about that?
436
00:20:51,016 --> 00:20:52,848
People v. LaValle,
Arthur.
437
00:20:52,918 --> 00:20:56,718
That case didn't strike down the
entire law, just the jury instruction.
438
00:20:56,789 --> 00:20:59,315
There's still a guy
on death row whose judge
439
00:20:59,391 --> 00:21:01,485
gave a constitutional
instruction.
440
00:21:01,560 --> 00:21:05,053
Yeah, that case will be tied up in appeals
until the defendant dies of old age.
441
00:21:05,164 --> 00:21:08,623
But if we can get ourjudge
give that same instruction,
442
00:21:08,701 --> 00:21:12,638
then we've got a shot at
getting Vorgitch on death row.
443
00:21:14,206 --> 00:21:16,174
At least then we've done
everything we can do.
444
00:21:16,242 --> 00:21:18,301
The legislature's not
gonna do anything.
445
00:21:19,612 --> 00:21:21,876
I appreciate your
ambition, Mr. McCoy,
446
00:21:21,947 --> 00:21:24,041
but in light of the
higher court's ruling,
447
00:21:24,116 --> 00:21:27,017
I don't see how I can authorize
a death penalty case.
448
00:21:27,086 --> 00:21:29,612
Given the public outrage
surrounding this case, YourHonon
449
00:21:29,688 --> 00:21:31,656
I don't see
how you can refuse.
450
00:21:31,724 --> 00:21:33,522
The People
get no justice
451
00:21:33,592 --> 00:21:35,822
from atrial that delivers
no real punishment!
452
00:21:35,895 --> 00:21:37,795
So how do you plan to
get around LaVaffe?
453
00:21:37,863 --> 00:21:39,991
What if you issue a
different jury instruction,
454
00:21:40,065 --> 00:21:42,295
one that addressed
the court's bias concerns?
455
00:21:42,802 --> 00:21:45,430
JUDGE: You want me to rewrite New
York's death penalty statute?
456
00:21:45,504 --> 00:21:49,270
Just the jury instruction, Your Honor,
and the template already exists.
457
00:21:49,341 --> 00:21:52,038
Judge Steven Fisher's instruction
in the John Taylor case.
458
00:21:52,311 --> 00:21:55,576
Judge Fisher's rewrite happened before
the death penalty was struck down.
459
00:21:55,648 --> 00:21:58,174
The court in LaVaffe declined
to craft new instruction.
460
00:21:58,684 --> 00:22:00,345
He's right, Mr. McCoy.
461
00:22:00,452 --> 00:22:02,921
And fixing all this is the
job of the legislature.
462
00:22:03,022 --> 00:22:05,957
They haven't been terribly
responsive, havethey?
463
00:22:06,058 --> 00:22:08,356
The statute's been
in limbo for two years.
464
00:22:08,494 --> 00:22:11,520
No judge has the power to
ignore the law, YourHonoL
465
00:22:11,597 --> 00:22:13,964
You wouldn't be ignoring it,
you'd actually be obeying it.
466
00:22:14,433 --> 00:22:15,559
How's that?
467
00:22:15,668 --> 00:22:16,999
LaValle states
that you can't issue
468
00:22:17,069 --> 00:22:19,731
the old deadlock instruction
because it's biased.
469
00:22:19,939 --> 00:22:23,273
And although the court
declined to rewrite it,
470
00:22:23,342 --> 00:22:25,709
there's nothing
to stop you trying.
471
00:22:25,778 --> 00:22:28,975
This is an issue that needs
to resolved, YourHonoL
472
00:22:29,215 --> 00:22:32,185
If the legislature won't
do it, it's on us.
473
00:22:33,953 --> 00:22:35,250
(sum-nus)
474
00:22:37,323 --> 00:22:38,552
You seek the death sentence,
475
00:22:38,624 --> 00:22:40,592
I'll issue the new instruction
and we'll see what happens.
476
00:22:40,793 --> 00:22:43,763
YourHonoL� ldonWexpectyou
to be happy, Mr. Edlund.
477
00:22:43,863 --> 00:22:45,695
I expect you
to appeal.
478
00:22:46,165 --> 00:22:47,360
(BANGS GAVEL)
479
00:22:48,534 --> 00:22:51,526
Filed the papers this morning.
Ready for round two.
480
00:22:56,442 --> 00:22:59,275
EDLUND: A trial judge clearly does
not have the authority to issue
481
00:22:59,345 --> 00:23:02,110
her own private jury instruction
in a death penalty case.
482
00:23:02,181 --> 00:23:03,706
She's not imposing
it, Counselor,
483
00:23:03,782 --> 00:23:06,183
she's merely allowing
the Prosecution to seek it.
484
00:23:06,252 --> 00:23:08,949
But Judge Desmond isignofing
the deadlock instruction
485
00:23:09,054 --> 00:23:11,250
required by statute
and crafting her own.
486
00:23:11,323 --> 00:23:13,223
She can't break the law
in order to fix it!
487
00:23:13,292 --> 00:23:15,021
But the law was
already broken.
488
00:23:15,094 --> 00:23:18,291
Precisely, Your Honor. The
status of the law is uncertain.
489
00:23:18,364 --> 00:23:21,959
The People are simply asking if New
York has the death penalty or not.
490
00:23:22,034 --> 00:23:24,696
And the answer is no.
Not under the current statute.
491
00:23:25,070 --> 00:23:27,971
Now opposing counsel has
exceeded his authority.
492
00:23:28,040 --> 00:23:30,975
The power to answer that
question lies with the Courts.
493
00:23:31,043 --> 00:23:32,477
It's called
judicial review.
494
00:23:32,778 --> 00:23:34,303
This is judicial activism.
495
00:23:34,713 --> 00:23:36,112
Watch yourself, Counselor.
496
00:23:37,583 --> 00:23:41,213
The Manhattan D.A. and Judge Desmond are
trying to circumvent the legislature.
497
00:23:41,287 --> 00:23:45,485
Despite LaVahle, capital punishment
is still valid in this state.
498
00:23:45,691 --> 00:23:48,023
And what's the point
of having the death penalty
499
00:23:48,093 --> 00:23:51,028
if we're afraid to use it on
a man like Leon Vorgitch?
500
00:23:53,432 --> 00:23:56,663
It is the opinion of this
Court that whenever possible,
501
00:23:56,735 --> 00:24:00,330
the autonomy and authority of
trial judges must be upheld.
502
00:24:00,406 --> 00:24:01,771
However, death
is different.
503
00:24:02,608 --> 00:24:04,667
A statute this important
must be repaired
504
00:24:04,743 --> 00:24:06,734
by a majority vote
of the legislature,
505
00:24:06,812 --> 00:24:09,008
not some clever
Band-Aid from ajudge.
506
00:24:10,149 --> 00:24:12,914
The Defense's Article
78 motion is granted.
507
00:24:12,985 --> 00:24:15,352
Judge Desmond did
exceed her authority.
508
00:24:15,454 --> 00:24:17,479
You may not seek the death
penalty, Mr. McCoy.
509
00:24:20,025 --> 00:24:21,424
(BANGS GAVEL)
510
00:24:34,506 --> 00:24:38,033
I'll try to finish you out in a day,
but you've got a lot of heavy lifting.
511
00:24:38,110 --> 00:24:40,738
The chase, the siege, the crime scene.
All on you.
512
00:24:40,813 --> 00:24:42,008
Well, I'm here
for whatever you need.
513
00:24:42,081 --> 00:24:43,412
I wish I had an option.
514
00:24:43,482 --> 00:24:45,644
Mr. Purcell,
it's Connie Rubirosa again.
515
00:24:45,718 --> 00:24:47,846
Please call me back
regarding your testimony.
516
00:24:47,920 --> 00:24:49,217
(GUNSHOT)
(PEOPLE SCREAMING)
517
00:24:49,288 --> 00:24:50,483
Stay here!
518
00:24:50,689 --> 00:24:52,453
MAN: Shot fired! Shot fired!
519
00:24:53,826 --> 00:24:55,260
OFFICER 1:
Drop your weapon!
520
00:24:55,594 --> 00:24:57,153
OFFICER 2:
Put the gun down, man!
521
00:24:58,163 --> 00:25:00,530
Down. I don't wanna
have to hurt you!
522
00:25:01,166 --> 00:25:02,895
Put the gun down now!
523
00:25:03,302 --> 00:25:05,634
OFFICER 1: Hands behind your head.
Up against the wall.
524
00:25:05,704 --> 00:25:07,069
Homicide, I got him.
525
00:25:07,172 --> 00:25:08,662
He killed my little girl.
526
00:25:18,584 --> 00:25:20,382
JACK: Man one, seven years.
527
00:25:20,452 --> 00:25:22,546
Not a snowball's
chance in hell.
528
00:25:23,222 --> 00:25:25,452
It's a good
offer, Ms. Carter.
529
00:25:26,025 --> 00:25:28,323
If this goes to trial,
your client will lose.
530
00:25:28,394 --> 00:25:30,362
Come on, you forget that
before I was a politician,
531
00:25:30,429 --> 00:25:32,090
I was a damn
good prosecutor.
532
00:25:32,164 --> 00:25:34,826
You wouldn't be floating a deal
here if you thought you could win.
533
00:25:34,967 --> 00:25:36,264
It's called mercy!
534
00:25:36,402 --> 00:25:38,461
All of the evidence
is on our side.
535
00:25:38,537 --> 00:25:40,596
Your client shot a man
in full view of two
536
00:25:40,672 --> 00:25:42,970
Corrections officers
and a security camera.
537
00:25:43,042 --> 00:25:44,703
Yes, and considering
who he shot,
538
00:25:45,044 --> 00:25:48,571
you're gonna have a hard time convincing
12 jurors that he did something wrong.
539
00:25:48,647 --> 00:25:51,378
I did exactly what you
were trying to do.
540
00:25:52,084 --> 00:25:53,643
Everyone agreed
he should die.
541
00:25:54,353 --> 00:25:57,516
I was seeking to have
Vorgitch legally executed.
542
00:25:57,623 --> 00:26:01,025
And I executed him. How can
you come after me for that?
543
00:26:01,293 --> 00:26:05,230
Because New York doesn't have a
do-it-yourself death penalty, Mr. Purcell.
544
00:26:05,297 --> 00:26:06,526
I don't care
what the law says.
545
00:26:06,598 --> 00:26:08,088
It's hardly a defense.
546
00:26:08,167 --> 00:26:10,602
The stress of my client
losing his daughter
547
00:26:10,669 --> 00:26:12,569
and watching Vorgitch
go unpunished
548
00:26:12,638 --> 00:26:16,472
has clearly rendered him unable to tell
the difference between right and wrong.
549
00:26:16,575 --> 00:26:20,034
This our notice of intent to plead not
guilty by reason of mental defect.
550
00:26:20,512 --> 00:26:24,608
Moral ambiguity does not equal
insanity defense, Ms. Carter.
551
00:26:24,950 --> 00:26:29,615
My client believes that shooting Leon
Vorgitch was the right thing to do.
552
00:26:29,755 --> 00:26:31,587
And if you agree, why
are you charging him?
553
00:26:32,591 --> 00:26:34,923
And if not,
that's a valid defense.
554
00:26:42,000 --> 00:26:43,798
It's just a platform
to nullify.
555
00:26:43,869 --> 00:26:47,396
They'll hear Vorgitch murdered
Purcell's diabetic little girl,
556
00:26:47,473 --> 00:26:49,066
the law goes
out the window.
557
00:26:49,141 --> 00:26:52,668
Well, jurors aren't the only ones
who find his story sympathetic.
558
00:26:53,178 --> 00:26:56,671
Can't we just concede the insanity,
and get him time in an institution?
559
00:26:56,748 --> 00:26:59,877
Carter won't hear it. She
pounced on this like a bobcat.
560
00:27:00,119 --> 00:27:01,518
Yeah, you can't walk
in front the courthouse
561
00:27:01,620 --> 00:27:02,883
without seeing her
in front of the cameras.
562
00:27:03,188 --> 00:27:06,351
Meanwhile, Dr. Olivet
examined Purcell.
563
00:27:06,525 --> 00:27:08,789
She says he knew right from wrong
at the time of the shooting.
564
00:27:09,194 --> 00:27:10,593
You get a second opinion?
565
00:27:10,696 --> 00:27:13,256
And athird. They all
say the same thing.
566
00:27:13,365 --> 00:27:16,357
Well, Purcell doesn't
deserve 20-to-life,
567
00:27:16,969 --> 00:27:19,233
but he doesn't
deserve a walk, either.
568
00:27:19,905 --> 00:27:23,671
If we can't make a deal with Carter,
maybe we can make a deal with the jury.
569
00:27:27,446 --> 00:27:29,847
The People ask that
the jury be allowed
570
00:27:29,915 --> 00:27:33,010
to consider man two as a
lesser included offense.
571
00:27:33,085 --> 00:27:36,453
They can't make a case for murder,
and now they want a safety net.
572
00:27:36,555 --> 00:27:37,954
It's unacceptable,
Your Honor.
573
00:27:38,023 --> 00:27:40,617
The safety net is for
your client, Ms.Caflefl
574
00:27:40,726 --> 00:27:42,057
He doesn't need one.
575
00:27:42,127 --> 00:27:44,721
There is more than enough
evidence to prove murder two.
576
00:27:44,897 --> 00:27:47,628
But in light of the
mitigating circumstances,
577
00:27:47,699 --> 00:27:49,360
the jury should
have the option
578
00:27:49,434 --> 00:27:52,426
to give the defendant three-to-six
instead of 20-to-life.
579
00:27:52,504 --> 00:27:53,972
They should have
to make a choice.
580
00:27:54,306 --> 00:27:57,867
Convict a grieving father of ridding the
world of a dangerous mass murderer,
581
00:27:58,477 --> 00:28:01,105
or send Robert Purcell
home a free man.
582
00:28:01,380 --> 00:28:03,075
It is all or nothing, YourHonoL
583
00:28:03,215 --> 00:28:04,910
And you've discussed this
with your client, Ms. Carter?
584
00:28:04,983 --> 00:28:06,314
Absolutely.
585
00:28:07,019 --> 00:28:08,851
JUDGE: Well, then I don't
see much choice here.
586
00:28:08,921 --> 00:28:11,947
There's ample precedent
supporting the defendant's right
587
00:28:12,024 --> 00:28:13,321
to take his chances!
588
00:28:14,092 --> 00:28:15,924
The jury may not
consider man two.
589
00:28:16,228 --> 00:28:17,753
It's murder two,
or an acquittal.
590
00:28:23,068 --> 00:28:24,934
I'd like another meeting
with yourcfient
591
00:28:25,003 --> 00:28:26,061
To discuss what?
592
00:28:26,138 --> 00:28:28,835
The fact that he's not getting
the best advice from his lawyer.
593
00:28:28,907 --> 00:28:30,932
I'm used to mudslinging
on the campaign trail,
594
00:28:31,009 --> 00:28:32,568
but, Jack, I expected
better of you.
595
00:28:32,644 --> 00:28:35,011
You're playing politics
with your client's defense.
596
00:28:35,080 --> 00:28:36,275
You are way off base.
597
00:28:36,348 --> 00:28:39,045
How many scandals are
chasing your campaign?
598
00:28:39,117 --> 00:28:40,278
All part of the game.
599
00:28:40,485 --> 00:28:41,577
You're down in the polls,
600
00:28:41,653 --> 00:28:43,849
defending Purcell is a publicity
stunt and you know it.
601
00:28:44,489 --> 00:28:47,322
Then drop the charges and
deny me the bully pulpit.
602
00:28:47,726 --> 00:28:49,524
Otherwise,
I'll see you in court.
603
00:28:53,632 --> 00:28:55,191
Maybe we should dismiss
the murder charge
604
00:28:55,267 --> 00:28:57,235
and go after Purcell
for manslaughter instead.
605
00:28:57,302 --> 00:28:59,600
It's a dangerous
precedent, Connie.
606
00:28:59,938 --> 00:29:02,703
He shot a man in cold blood
on the courthouse steps,
607
00:29:02,774 --> 00:29:05,368
we have choice but to
charge him with murder.
608
00:29:05,544 --> 00:29:07,774
Eventhough we're
practically begging him
609
00:29:07,846 --> 00:29:09,314
to let us plead him
out to manslaughter?
610
00:29:09,381 --> 00:29:10,542
Yes.
611
00:29:10,616 --> 00:29:12,141
Isn't that
hypocritical?
612
00:29:12,217 --> 00:29:14,151
I prefer to call
it ironic.
613
00:29:14,820 --> 00:29:16,811
The whole thing is a little
convenient, don't you think?
614
00:29:16,888 --> 00:29:17,980
What?
615
00:29:18,056 --> 00:29:20,718
Purcell killing Vorgitch a
month before the election,
616
00:29:20,792 --> 00:29:22,055
and Dena Carter
catching the case?
617
00:29:22,127 --> 00:29:23,561
What about it?
618
00:29:24,463 --> 00:29:26,295
She's either
very lucky, or...
619
00:29:26,365 --> 00:29:28,424
You think
Dena's involved?
620
00:29:28,500 --> 00:29:30,366
All I'm saying, is I
wouldn't be shocked
621
00:29:30,435 --> 00:29:31,903
if there was more
puppet-mastering going on
622
00:29:31,970 --> 00:29:33,301
behind the scenes
than we know about.
623
00:29:34,172 --> 00:29:35,401
You have any proof?
624
00:29:37,242 --> 00:29:38,403
No.
625
00:29:39,311 --> 00:29:40,540
Then leave it alone.
626
00:29:40,879 --> 00:29:42,870
And put all of my energy
into burying Purcell
627
00:29:42,948 --> 00:29:46,111
for doing exactly what every man in
this city wished he had balls to do?
628
00:29:46,551 --> 00:29:47,746
Yes.
629
00:29:54,826 --> 00:29:57,887
CARTER: So when did you begin
treating the defendant, Dr. Burnett?
630
00:29:57,963 --> 00:30:01,024
Robert first came to see me shortly
after his daughter's death.
631
00:30:01,099 --> 00:30:03,500
And what were his
symptoms at that time?
632
00:30:03,568 --> 00:30:05,764
Depression,
post-traumatic stress.
633
00:30:06,405 --> 00:30:08,806
He was just outside the school
when his daughter was murdered.
634
00:30:09,508 --> 00:30:13,172
He was contending with profound
feelings of powerlessness and loss.
635
00:30:13,845 --> 00:30:18,214
So at that time, did you believe
Robert to be in danger to himself,
636
00:30:18,283 --> 00:30:19,546
or to others?
No.
637
00:30:19,951 --> 00:30:23,683
We were able to manage his condition
with medication and talk therapy.
638
00:30:23,755 --> 00:30:25,245
He was making
good progress.
639
00:30:25,657 --> 00:30:27,147
So what happened?
640
00:30:27,292 --> 00:30:28,726
He was informed
that Leon Vorgitch
641
00:30:28,794 --> 00:30:31,195
would be escaping the death
penalty for a second time.
642
00:30:31,963 --> 00:30:34,933
I believe that information caused
him to suffer a psychotic break.
643
00:30:36,034 --> 00:30:37,195
Meaning?
644
00:30:37,469 --> 00:30:40,871
He lost the ability to distinguish
between right and wrong.
645
00:30:41,606 --> 00:30:43,597
So in your
professional opinion,
646
00:30:43,675 --> 00:30:46,167
Robert's mental
breakdown was caused
647
00:30:46,244 --> 00:30:47,871
not by the death
of his daughter,
648
00:30:47,946 --> 00:30:50,916
but by the State's failure to act?
Withdrawn.
649
00:30:53,585 --> 00:30:56,577
When I heard they were gonna
let him live, I snapped.
650
00:30:57,089 --> 00:30:59,615
I had a gun, which I
bought years ago.
651
00:31:00,525 --> 00:31:02,653
I dug it up,
loaded it.
652
00:31:03,595 --> 00:31:06,064
I got to the courthouse just
as Vorgitch's van pulled up.
653
00:31:07,599 --> 00:31:08,828
He got out.
654
00:31:09,568 --> 00:31:12,265
We locked eyes.
I shot him.
655
00:31:14,239 --> 00:31:16,230
Rob, did you believe that you
were committing a crime?
656
00:31:16,308 --> 00:31:18,777
This wasn't murder.
It was justice.
657
00:31:20,512 --> 00:31:23,743
I didn't do it because
he stole from me,
658
00:31:23,815 --> 00:31:26,409
or because he
cut me off in traffic.
659
00:31:26,485 --> 00:31:28,419
I didn't even do it because
he killed my daughter.
660
00:31:30,122 --> 00:31:31,590
Then Why'd you
do it, Rob?
661
00:31:32,157 --> 00:31:34,751
Because he was
just too dangerous.
662
00:31:35,494 --> 00:31:39,124
If he had lived, I have no doubt
he would have killed again.
663
00:31:39,898 --> 00:31:42,162
So you took action to prevent
that from happening?
664
00:31:42,234 --> 00:31:46,364
If the police couldn't, or the
court, somebody had to do something.
665
00:31:47,506 --> 00:31:49,406
Do you believe what
you did was wrong?
666
00:31:50,876 --> 00:31:54,073
Twelve jurors voted for the
death penalty three times.
667
00:31:54,312 --> 00:31:56,781
Even the District Attorney
tried to make it happen.
668
00:31:59,117 --> 00:32:01,552
All I did was carry out
the will of the people.
669
00:32:07,526 --> 00:32:09,358
"The will of the people."
670
00:32:12,431 --> 00:32:13,899
Mr. Purcell,
671
00:32:14,299 --> 00:32:17,291
do you understand why you
are in court here today?
672
00:32:17,569 --> 00:32:20,470
Objection, Your Honor, this is a
trial, not a competency hearing.
673
00:32:20,639 --> 00:32:24,132
Mr. Purcell has asserted
an insanity defense.
674
00:32:24,543 --> 00:32:28,707
The People have the right to probe
his understanding of his situation.
675
00:32:29,080 --> 00:32:30,479
The witness will answer.
676
00:32:32,317 --> 00:32:34,445
I'm here because
I shot Leon Vorgitch.
677
00:32:35,220 --> 00:32:38,986
Do you believe yourself to
be an agent of the State?
678
00:32:39,191 --> 00:32:42,923
Someone legally allowed
to carry out executions?
679
00:32:43,094 --> 00:32:44,255
No.
680
00:32:44,529 --> 00:32:47,965
So you understand that
shooting Vorgitch was a crime.
681
00:32:49,201 --> 00:32:52,899
I... I know it was illegal, but
I don't think it was a crime.
682
00:32:53,672 --> 00:32:55,367
Murder is not a crime?
683
00:32:55,807 --> 00:32:58,799
So there was nothing criminal about
what Vorgitch did to your daughter?
684
00:32:59,744 --> 00:33:01,041
That was different.
685
00:33:01,446 --> 00:33:04,472
He fired a gun.
You fired a gun.
686
00:33:05,517 --> 00:33:06,916
What was the difference?
687
00:33:07,986 --> 00:33:09,715
My daughter was innocent.
688
00:33:09,788 --> 00:33:11,779
And that's why
you shot him.
689
00:33:12,057 --> 00:33:14,788
Because he murdered
your innocent daughter.
690
00:33:14,860 --> 00:33:15,884
No.
691
00:33:15,961 --> 00:33:18,020
You shot him because it was
the will of the people?
692
00:33:18,096 --> 00:33:19,188
That's right.
693
00:33:19,264 --> 00:33:22,757
You fired three
hollow-point bullets
694
00:33:23,001 --> 00:33:25,333
into the chest
of the man
695
00:33:25,403 --> 00:33:27,428
who murdered
your daughter,
696
00:33:27,572 --> 00:33:30,166
and you weren't even
thinking about her?
697
00:33:32,377 --> 00:33:34,471
Tell the truth,
Mr. Purcell.
698
00:33:36,047 --> 00:33:38,641
Was this justice,
orwas it revenge?
699
00:33:40,619 --> 00:33:43,520
You think I wanted
to kill a man?
700
00:33:45,891 --> 00:33:47,723
I have nightmares
about this.
701
00:33:48,727 --> 00:33:50,456
You have
nightmares about it?
702
00:33:50,529 --> 00:33:51,792
Yes.
703
00:33:52,264 --> 00:33:56,030
So you do know that
what you did was wrong.
704
00:33:56,935 --> 00:33:59,905
Just because it was the most
difficult thing I've had to do,
705
00:33:59,971 --> 00:34:01,837
doesn't make it wrong.
706
00:34:02,440 --> 00:34:04,966
Leon Vorgitch
deserved to die.
707
00:34:07,012 --> 00:34:09,811
But you people
wouldn't do it!
708
00:34:09,881 --> 00:34:11,144
So I did!
709
00:34:12,350 --> 00:34:13,545
He is dead.
710
00:34:14,386 --> 00:34:17,651
That is all that matters. Who
cares what I was thinking?
711
00:34:30,669 --> 00:34:34,037
Carter says her client is still
not willing to consider a deal.
712
00:34:34,105 --> 00:34:36,130
Not when his lawyer
tells him he'll walk.
713
00:34:36,875 --> 00:34:38,400
He may have a chance.
714
00:34:38,476 --> 00:34:40,740
I understand you beat him up
pretty good on the stand.
715
00:34:41,546 --> 00:34:42,980
I'd call it a draw.
716
00:34:43,982 --> 00:34:45,450
Or is it
wishful thinking?
717
00:34:46,017 --> 00:34:47,348
He shouldn't be
in that courtroom.
718
00:34:47,419 --> 00:34:49,183
He should be waiting out
three years somewhere.
719
00:34:50,322 --> 00:34:54,020
You're plumbing the depths of
political cynicism, Jack, my boy.
720
00:34:54,159 --> 00:34:55,422
Sadly, it's a deep well.
721
00:34:56,094 --> 00:34:57,220
(KNOCKING ON DOOR)
722
00:34:58,396 --> 00:35:02,026
Purcell testified that he got to the
courthouse just as Leon pulled up.
723
00:35:02,167 --> 00:35:04,829
But remanded defendants
always arrive at 6:00 a.m.
724
00:35:04,936 --> 00:35:06,426
Vorgitch got there at 9:00.
725
00:35:06,504 --> 00:35:09,235
His schedule was changed last
minute to ensure security.
726
00:35:09,908 --> 00:35:11,433
Someone tipped him off.
727
00:35:16,848 --> 00:35:20,113
I assume you're not here to
make a campaign contribution?
728
00:35:20,185 --> 00:35:22,711
Did you tell Robert Purcell
what time Leon Vorgitch
729
00:35:22,787 --> 00:35:25,188
would be arriving at the courthouse
the morning the shooting?
730
00:35:25,256 --> 00:35:26,314
I beg your pardon?
731
00:35:26,391 --> 00:35:29,258
Did you know Purcell was
planning to shoot Leon Vorgitch?
732
00:35:29,961 --> 00:35:31,690
Of course not.
Convince me.
733
00:35:32,097 --> 00:35:33,189
Go to hell.
734
00:35:33,298 --> 00:35:35,790
I know who you talked
to at Corrections.
735
00:35:35,867 --> 00:35:38,928
You were informed of Vorgitch's
changed transportation.
736
00:35:39,404 --> 00:35:42,430
Any conversations between my
client and myself are privileged.
737
00:35:42,507 --> 00:35:45,704
And if Purcell had told me that he
had planned on killing Vorgitch,
738
00:35:45,810 --> 00:35:47,244
I'm not obligated
to report it.
739
00:35:47,846 --> 00:35:51,407
Is a seat in Albany really worth 20
years of a grieving father's life?
740
00:35:51,483 --> 00:35:54,282
Come on, Jack. I didn't
do anything wrong.
741
00:35:54,719 --> 00:35:56,244
If I had, and you
could prove it,
742
00:35:56,321 --> 00:35:58,756
we'd both be in front of
ajudge right now, wouldn't we?
743
00:35:59,758 --> 00:36:01,522
The only thing
on my mind right now
744
00:36:01,593 --> 00:36:05,359
is protecting the people of New
York from monsters like Vorgitch.
745
00:36:06,097 --> 00:36:08,725
And protecting heroes,
746
00:36:09,034 --> 00:36:12,595
like Robert Purcell from heartless
prosecutors like yourself.
747
00:36:21,312 --> 00:36:24,475
Nine years ago, Leon Vorgitch
heartlessly murdered
748
00:36:24,549 --> 00:36:27,018
five innocent people
at a restaurant.
749
00:36:28,920 --> 00:36:31,116
Backthen, the legislature
had a chance to make sure
750
00:36:31,189 --> 00:36:33,624
that it never happened
again, but they failed.
751
00:36:34,392 --> 00:36:36,156
They failed,
and he escaped.
752
00:36:36,227 --> 00:36:39,822
And he went on to kill eight
more innocent people.
753
00:36:42,167 --> 00:36:45,330
And once again, the State
has failed to act.
754
00:36:46,371 --> 00:36:48,703
Thirteen innocent
people are slaughtered,
755
00:36:48,773 --> 00:36:51,105
and our leaders are
powerless to do anything
756
00:36:51,176 --> 00:36:54,168
but lock him up and hope
he never escapes again?
757
00:36:56,214 --> 00:36:58,706
Ladies and gentlemen,
the law did not protect
758
00:36:58,783 --> 00:37:01,184
our society
from Leon Vorgitch.
759
00:37:01,586 --> 00:37:05,216
It couldn't even grant justice
to the families of his victims.
760
00:37:06,091 --> 00:37:08,526
And when Robert
Purcell heard that,
761
00:37:08,593 --> 00:37:11,563
after hearing the shot
that killed his daughter,
762
00:37:13,565 --> 00:37:14,999
he went insane.
763
00:37:15,800 --> 00:37:17,768
Regardless of the law,
regardless of the risk,
764
00:37:17,836 --> 00:37:20,567
regardless of the
countless witnesses,
765
00:37:20,739 --> 00:37:24,642
Robert Purcell felt compelled
to make sure that Leon Vorgitch
766
00:37:24,743 --> 00:37:27,007
never killed again.
767
00:37:28,146 --> 00:37:32,344
Ladies and gentlemen, the State
wouldn't take action, so Robert did.
768
00:37:33,585 --> 00:37:35,519
Now does that
make him a murderer?
769
00:37:37,288 --> 00:37:40,258
That makes him a man
mentally undone,
770
00:37:40,425 --> 00:37:42,484
first by a heartless
psychopath,
771
00:37:42,560 --> 00:37:44,858
and second,
by an uncaring system.
772
00:37:45,597 --> 00:37:48,123
Ladies and gentlemen,
that deserves your sympathy.
773
00:37:49,667 --> 00:37:52,034
And also your vote
of not guilty.
774
00:38:02,413 --> 00:38:04,404
Vorgitch was a monster.
775
00:38:05,416 --> 00:38:09,046
No one disputes that the world
is a better place without him.
776
00:38:10,822 --> 00:38:14,087
But this is not about who
Robert Purcell murdered,
777
00:38:14,159 --> 00:38:16,924
it's about the simple fact
that he is a murderer.
778
00:38:17,529 --> 00:38:19,691
Mr. Purcell
is not insane.
779
00:38:19,764 --> 00:38:22,825
He does not believe
himself to be ajudge,
780
00:38:23,301 --> 00:38:26,066
a jury,
or an executioner.
781
00:38:26,838 --> 00:38:29,500
And yet, by killing
Leon Vorgitch,
782
00:38:30,408 --> 00:38:32,604
he chose to act
as all three.
783
00:38:34,012 --> 00:38:36,344
He may have felt
morally justified,
784
00:38:36,681 --> 00:38:37,944
but still,
785
00:38:38,283 --> 00:38:40,581
he knew that what
he did was wrong.
786
00:38:41,119 --> 00:38:45,420
So the question before you is not,
"Did Vorgitch deserve to die?"
787
00:38:45,957 --> 00:38:49,222
It's, "Did Robert Purcell
have the right to kill him?"
788
00:38:49,460 --> 00:38:51,451
And the answer is, "No."
789
00:38:53,231 --> 00:38:56,326
Leon Vorgitch was a
danger to our society.
790
00:38:56,868 --> 00:39:00,600
But so is what the Defense
is asking of you today.
791
00:39:00,672 --> 00:39:02,766
They want you
to look the other way.
792
00:39:03,675 --> 00:39:06,235
Even though
Robert Purcell
793
00:39:06,578 --> 00:39:09,172
ignored our
system of justice,
794
00:39:09,380 --> 00:39:11,474
took the law
into his own hands,
795
00:39:12,517 --> 00:39:14,542
and committed murder
in cold blood.
796
00:39:14,619 --> 00:39:16,553
They want you
to give him a pass.
797
00:39:16,621 --> 00:39:19,613
If you let Robert Purcell
get away with murder,
798
00:39:20,058 --> 00:39:22,584
just because you
hate the man he shot,
799
00:39:23,228 --> 00:39:27,062
you're telling everyone out
there that it's okay to kill,
800
00:39:27,565 --> 00:39:30,398
as long as the victim
was a bad person.
801
00:39:31,069 --> 00:39:33,936
Judges, juries,
who needs them?
802
00:39:36,641 --> 00:39:38,700
If you wanna
see insanity,
803
00:39:40,945 --> 00:39:42,811
let this
murderer go.
804
00:39:51,890 --> 00:39:53,415
Has the jury
reached a verdict?
805
00:39:53,491 --> 00:39:55,425
We have, Your Honor.
JUDGE: What say you?
806
00:39:55,560 --> 00:39:58,086
On the sole count of the indictment,
Murder in the Second Degree,
807
00:39:58,162 --> 00:40:01,427
we find the defendant, Robert
Henry Purcell, guilty.
808
00:40:02,634 --> 00:40:04,363
JUDGE: Thank you for your service.
The jury is excused.
809
00:40:05,603 --> 00:40:08,368
The defendant will be held in
custody pending sentencing.
810
00:40:08,439 --> 00:40:09,702
(JUDGE POUNDS GAVEL)
811
00:40:35,833 --> 00:40:38,461
I'm not supposed to see you
without my lawyer present.
812
00:40:38,903 --> 00:40:40,894
Trial's over,
Mr. Purcell.
813
00:40:45,677 --> 00:40:47,475
You weren't a client,
814
00:40:48,746 --> 00:40:50,908
you were a campaign slogan.
815
00:40:58,756 --> 00:41:01,088
There's not much I can
do about it in here.
816
00:41:03,361 --> 00:41:06,695
Did Dena Carter tell you
when to intercept Vorgitch?
817
00:41:17,175 --> 00:41:19,269
Judge Gordon approved
a sentence reduction
818
00:41:19,344 --> 00:41:21,813
in exchange for Robert
Purcell's testimony.
819
00:41:21,980 --> 00:41:25,473
Down from 20 years to 10.
Eligible for parole in three.
820
00:41:26,184 --> 00:41:27,549
What about Dena Carter?
821
00:41:34,525 --> 00:41:36,220
Now that's justice.
822
00:41:36,270 --> 00:41:40,820
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