1 00:00:06,726 --> 00:00:08,675 In the criminal justice system, 2 00:00:08,731 --> 00:00:12,707 the people are represented by two separate yet equally important groups- 3 00:00:12,773 --> 00:00:14,721 the police, who investigate crime, 4 00:00:14,777 --> 00:00:17,090 and the district attorneys, who prosecute the offenders. 5 00:00:17,149 --> 00:00:19,098 These are their stories. 6 00:00:19,154 --> 00:00:23,404 So then she made him wait until, like, midnight just for a fax. 7 00:00:23,465 --> 00:00:26,381 What a bitch. Did he say anything to Councilman Reardon? 8 00:00:26,437 --> 00:00:28,477 Oh, no. What was he supposed to-- 9 00:00:28,542 --> 00:00:30,718 Oh, God. Craig's at the desk. 10 00:00:30,781 --> 00:00:33,789 - Hey! One of those for me? - We didn't know you were here, Craig. 11 00:00:33,855 --> 00:00:37,637 Wait. Now, why did the fisherman cross the road? These are getting cold, Craig. 12 00:00:37,697 --> 00:00:39,805 No. Why did the fisherman cross the road? 13 00:00:39,869 --> 00:00:41,908 To get away from you? 14 00:00:41,974 --> 00:00:44,890 Just for the halibut. 15 00:00:46,183 --> 00:00:49,066 Don't you get it? “Hell of it"-- Halibut? 16 00:00:49,123 --> 00:00:51,196 Very funny, Craig, for a five-year-old. 17 00:00:59,013 --> 00:01:02,020 Guy fires three rounds, then he's out the door. What's the body count? 18 00:01:02,086 --> 00:01:04,899 Two down. Councilman Clarence Johnson shot in the neck. 19 00:01:04,959 --> 00:01:06,908 Bled out before anybody could help him. 20 00:01:06,964 --> 00:01:09,072 The other victim's in surgery at Beekman. 21 00:01:09,136 --> 00:01:12,052 Another councilman? No. Thank God. A guy named Tabachnik, 22 00:01:12,109 --> 00:01:14,752 works for D.E.P., Water and Sewer. Is he gonna make it? 23 00:01:14,815 --> 00:01:18,563 Looks that way. The mayor's been notified. He's on his way back from the Bronx. 24 00:01:18,624 --> 00:01:22,202 What about the witnesses? There were nine employees here in the rotunda at the time. 25 00:01:22,266 --> 00:01:25,808 They're upstairs in the conference room. Where they can compare notes. 26 00:01:25,873 --> 00:01:29,086 I'll put them in nine different rooms. Anything you need, Anita, just ask. 27 00:01:29,148 --> 00:01:33,033 Councilman Johnson's staff still here? We locked down the building as soon as this happened. 28 00:01:33,091 --> 00:01:37,010 Nobody's come or gone. Yeah, except for the shooter. 29 00:02:28,317 --> 00:02:30,766 White, mid-20s, 6-foot, dark hair. 30 00:02:30,822 --> 00:02:33,670 I mostly saw his back. He just tore ass right past me. You didn't try to stop him? 31 00:02:33,729 --> 00:02:36,269 Hey, I didn't get the call on my radio till like a minute after it happened. 32 00:02:36,335 --> 00:02:39,115 And by then the shooter was in the wind. 33 00:02:39,175 --> 00:02:42,285 I was coming in from lunch. As soon as I walked in, I heard the shots. 34 00:02:42,349 --> 00:02:44,889 Did you see the gunman? Ran right past me. 35 00:02:44,955 --> 00:02:48,099 White guy, about 40, losing his hair a little, 36 00:02:48,163 --> 00:02:50,167 with this crazed look in his eyes. 37 00:02:50,233 --> 00:02:53,617 - The mayor wants answers now. - I understand how important this is. 38 00:02:53,675 --> 00:02:56,558 When we know, you'll know. Any leads? I gotta give him something. 39 00:02:56,615 --> 00:03:00,328 A white male, acting alone. Give us some time, Mr. Williamson. 40 00:03:00,390 --> 00:03:03,307 Any way we can help, let us know. You have the full weight of the administration behind you. 41 00:03:03,363 --> 00:03:06,507 That's fine. just keep it off my back. 42 00:03:06,571 --> 00:03:09,112 How did he get a gun through the metal detector? Good question. 43 00:03:09,177 --> 00:03:12,492 Well, give me a good answer. Not everybody goes through the metal detector. 44 00:03:12,551 --> 00:03:16,504 If it was a busy day like today, people that work here, we know 'em. 45 00:03:16,560 --> 00:03:19,101 We usually let them go around, so they don't have to wait in line. 46 00:03:19,167 --> 00:03:22,243 Now there's a reason you're not supposed to do that. 47 00:03:22,307 --> 00:03:25,224 You have to be a city employee or have an appointment with someone. 48 00:03:25,281 --> 00:03:29,530 You can't just walk in off the street. Yeah. City Hall, closed to the public. 49 00:03:29,590 --> 00:03:32,336 Like every place else, they tightened up after 9/11. 50 00:03:32,397 --> 00:03:35,780 Yeah, and like every place else, they slipped right back into business as usual. 51 00:03:35,838 --> 00:03:39,723 So where are we on the gun? Slug we pulled from the wall was from a .38. 52 00:03:39,780 --> 00:03:41,922 There's no shell casings, so we're looking for a revolver. 53 00:03:41,985 --> 00:03:44,127 How about the eyewitnesses? All over the map. 54 00:03:44,190 --> 00:03:48,406 Yeah, white guy between 20 and 40, scraggly dark hair or no hair, 55 00:03:48,467 --> 00:03:50,540 5 foot 8 to 6 foot 3. 56 00:03:50,605 --> 00:03:53,955 So, every white male in the city except you. 57 00:03:54,013 --> 00:03:56,930 Van Buren. Thanks. 58 00:03:56,987 --> 00:04:00,268 The second victim is out of recovery. 59 00:04:00,328 --> 00:04:06,081 I'm a water inspector. Haven't been to City Hall in 23 years. 60 00:04:06,140 --> 00:04:08,784 Day I go, some wackadoo blows a gasket. 61 00:04:08,847 --> 00:04:12,459 Well, consider yourself lucky, Mr. Tabachnik. Councilman Johnson died. 62 00:04:12,522 --> 00:04:14,937 Geez-mareez. 63 00:04:14,995 --> 00:04:18,914 I was three feet from the guy, talkin' to somebody about water meters. 64 00:04:18,970 --> 00:04:21,682 Did you get a look at the shooter? Just for a moment. 65 00:04:21,744 --> 00:04:23,726 Sounded like a firecracker goin' off. 66 00:04:23,781 --> 00:04:26,391 I turned around and there was this lunatic with a gun. 67 00:04:26,454 --> 00:04:29,028 What did this lunatic look like? 68 00:04:29,093 --> 00:04:34,448 Uh, white guy, 5'10", 6'0“. just a normal-looking guy. 69 00:04:34,506 --> 00:04:37,582 Next thing I know, somebody's yelling, “Get down.” 70 00:04:37,646 --> 00:04:42,625 I'm on the ground. My shoulder's on fire. 71 00:04:42,692 --> 00:04:47,909 Then I'm layin' there, on the marble floor there next to the councilman. 72 00:04:47,970 --> 00:04:52,652 I could hear him moanin', real soft like. 73 00:04:56,690 --> 00:05:01,645 My brother-in-law worked his way up from firefighter to the city council 74 00:05:01,701 --> 00:05:04,185 Founded the Fort Greene After-School Initiative. 75 00:05:04,241 --> 00:05:08,353 Pushed through legislation to fund a free shuttle for elderly voters. Well, the voters loved him. 76 00:05:08,417 --> 00:05:12,894 Now, what about family? Is there a Mrs.Johnson? Clarence was single. 77 00:05:12,961 --> 00:05:15,946 Believe me, my mother-in-law wasn't happy about it. 78 00:05:16,001 --> 00:05:19,818 Did he have any personal problems? Not that I know of. 79 00:05:19,877 --> 00:05:24,058 If you think this was some romantic mess, you're way off base. 80 00:05:24,119 --> 00:05:26,068 Clarence wasn't seein' anybody. 81 00:05:26,124 --> 00:05:28,128 Well, the gunman was white. 82 00:05:28,196 --> 00:05:30,303 Maybe it was a racial thing? 83 00:05:30,367 --> 00:05:33,910 Maybe. He was the only black guy in his firehouse. 84 00:05:33,975 --> 00:05:36,618 You're not staying for the service, Mark? I can't. 85 00:05:36,682 --> 00:05:40,794 Please give my condolences to your family. Nice of you to stop by. 86 00:05:42,128 --> 00:05:44,543 Actually, I'm surprised he bothered. 87 00:05:44,600 --> 00:05:48,211 - Oh, he's not one of your brother-in-law's admirers? - Mark Lanier. 88 00:05:48,275 --> 00:05:51,054 He and Clarence came up through the fire department together. 89 00:05:51,114 --> 00:05:54,258 I think he was always a little jealous of Clarence's success. 90 00:05:55,391 --> 00:05:57,373 Uh, if you'll excuse me for a minute? 91 00:05:58,832 --> 00:06:00,781 Mr. Lanier! 92 00:06:02,608 --> 00:06:05,684 Mind if I ask you a couple of questions? I have to get back to work. 93 00:06:05,748 --> 00:06:09,496 Look, uh, I hear that, uh, you and Clarence weren't on the best of terms. 94 00:06:09,557 --> 00:06:13,374 A lot of people weren't on the best of terms with Clarence. Like who? 95 00:06:13,432 --> 00:06:18,217 The city council voted to close a couple of fire stations last session for budgetary reasons. 96 00:06:18,277 --> 00:06:20,556 Clarence led the charge. 97 00:06:24,157 --> 00:06:27,301 Johnson's on the job putting his life on the line like the rest of us. 98 00:06:27,364 --> 00:06:31,181 Then one day he trades his turnout gear for a suit and a tie, 99 00:06:31,240 --> 00:06:33,223 and suddenly he don't know us from Adam. 100 00:06:33,278 --> 00:06:36,023 Hey, do other guys in the department feel the same as you do? 101 00:06:36,084 --> 00:06:39,297 Well, the men in the houses that closed weren't thrilled about being transferred. 102 00:06:39,359 --> 00:06:43,038 But truth be told, at the end of the day nobody lost his job. 103 00:06:43,100 --> 00:06:45,675 Well, how about the neighborhoods that lost firehouses? According to the study... 104 00:06:45,740 --> 00:06:47,848 commissioned by Councilman Johnson, 105 00:06:47,912 --> 00:06:51,693 response time won't be adversely affected by the closures. 106 00:06:51,754 --> 00:06:55,205 - You don't sound convinced. - Truck's gotta come from somewhere further away. 107 00:06:55,261 --> 00:06:58,679 - You do the math. - So, which neighborhoods got the short straw? 108 00:06:58,737 --> 00:07:01,744 Uh, Bay Ridge and Sheepshead Bay. 109 00:07:01,810 --> 00:07:06,629 Black councilman closes station houses in Italian neighborhoods. 110 00:07:07,857 --> 00:07:11,868 Engine 244's been in Sheepshead Bay for 86 years. 111 00:07:11,933 --> 00:07:14,576 One day they wake up, they decide we don't need it anymore. 112 00:07:14,639 --> 00:07:17,817 Well, the truth is, Mrs. Antinori, the whole city's feelin' the pinch. 113 00:07:17,880 --> 00:07:19,988 Yeah, well, let them pinch somewheres else. 114 00:07:20,052 --> 00:07:24,473 We formed the community association 'cause we're sick of gettin' the short end of the stick from the city. 115 00:07:24,529 --> 00:07:27,571 Councilman Johnson being the guy holding the other end? 116 00:07:27,636 --> 00:07:30,142 I don't see 'em closin' any fire stations in Fort Greene. 117 00:07:30,208 --> 00:07:34,492 Uh, you know what? I think we're gonna need the names and addresses of all the members of your association. 118 00:07:34,552 --> 00:07:37,297 I think you watched The Godfather too many times. 119 00:07:37,358 --> 00:07:39,898 We dealt with this the good old-fashioned American way. 120 00:07:39,964 --> 00:07:42,607 And how's that, with a .38 revolver? 121 00:07:42,670 --> 00:07:48,356 A grassroots campaign. We got behind a candidate to challenge Johnson for his seat-- 122 00:07:48,417 --> 00:07:50,730 Sonny Rodino. Hey, look. 123 00:07:50,789 --> 00:07:53,865 It's January. The primary isn't until September. 124 00:07:53,929 --> 00:07:57,073 Yeah, well, there's still plenty to do. Sonny organized rallies, 125 00:07:57,137 --> 00:08:00,088 a letter-writing campaign to keep the station opened. 126 00:08:00,144 --> 00:08:04,963 He even debated Johnson right in the firehouse. How'd that go? 127 00:08:05,021 --> 00:08:08,496 Not good. A couple of the firefighters had to pull 'em apart. 128 00:08:08,563 --> 00:08:11,274 You know where we can find Mr. Rodino? He hasn't been around much... 129 00:08:11,335 --> 00:08:14,617 since he started a new job a few weeks ago. 130 00:08:17,249 --> 00:08:19,823 - We 're looking for Sonny Rodino. - Who? 131 00:08:19,889 --> 00:08:22,270 Sonny... Rodino. Never heard of him. 132 00:08:22,328 --> 00:08:25,278 We were told that he works here. Well, I don't know who told you that... 133 00:08:25,335 --> 00:08:29,151 or what their problem is, but there's no Sonny “Rodrigo” here. 134 00:08:29,211 --> 00:08:31,318 Call your boss! 135 00:08:34,455 --> 00:08:38,568 C.J., you got a couple of cops out here wanna talk to you. 136 00:08:38,632 --> 00:08:42,049 He'll be right out. 137 00:08:47,085 --> 00:08:51,539 That's quite a coincidence, Mr. Abernathy, you employing your brother-in-law's political rival. 138 00:08:51,594 --> 00:08:56,242 Yeah. You know, it might have been nice if you mentioned that little tidbit the first time we met. 139 00:08:57,943 --> 00:09:00,951 Clarence asked me to hire Sonny, 140 00:09:01,017 --> 00:09:02,965 you know, off the books. 141 00:09:03,021 --> 00:09:05,904 A no-show job. Which explains why... 142 00:09:05,961 --> 00:09:08,410 “I Love Lucy" out there didn't know who the hell he was. 143 00:09:08,466 --> 00:09:11,144 It was the only way Rodino would stay out of the primary. 144 00:09:11,206 --> 00:09:13,210 How much cash is Rodino gettin' under the table? 145 00:09:13,278 --> 00:09:15,351 He was getting 1,500 a week. 146 00:09:15,416 --> 00:09:18,196 “Was”? Well, the filing deadline... 147 00:09:18,256 --> 00:09:22,403 for the primary passed, and there was no way he could challenge Clarence for his seat. 148 00:09:22,465 --> 00:09:27,353 So Clarence told me to cut Sonny loose. 149 00:09:28,412 --> 00:09:30,520 You better have a damn good reason for hauling me down here. 150 00:09:30,584 --> 00:09:34,401 Empire State Printing, Mr. Rodino. What about it? 151 00:09:34,460 --> 00:09:38,812 A no-show job, $1,500 a week, tax-free. 152 00:09:38,870 --> 00:09:41,980 Which I got for three weeks before the bastards fired me. 153 00:09:42,044 --> 00:09:45,723 Oh, it sounds like a good reason to shoot somebody. Oh, no. No way! 154 00:09:45,786 --> 00:09:49,033 Okay, where were you 2:00, Wednesday afternoon? 155 00:09:49,093 --> 00:09:52,078 - Aqueduct. - Spending some of your hard-earned cash? 156 00:09:52,134 --> 00:09:54,447 That's right. I actually hit a trifecta. 157 00:09:54,506 --> 00:09:58,618 I keyed a filly named Miss Demeanor in the third. Paid 700 and change. You can check it out. 158 00:09:58,681 --> 00:10:01,859 Yeah, just like you did in Thursday morning's sports section. 159 00:10:01,922 --> 00:10:05,933 - This is bull. I'm goin' home. - Not till we say so. 160 00:10:05,999 --> 00:10:08,642 - And what am I charged with? - You can start with tax evasion. 161 00:10:08,704 --> 00:10:12,179 You got an I.R.S. badge you didn't show me? 'Cause if you don't, I'm outta here. 162 00:10:12,246 --> 00:10:15,697 Whoa. Whoa. Everybody take a deep breath. 163 00:10:15,754 --> 00:10:18,169 Can I see you two outside for a second? 164 00:10:23,605 --> 00:10:27,490 What do we actually have on this guy? You mean, besides a bad attitude? 165 00:10:27,548 --> 00:10:30,395 He's got a nothin' alibi and a kick-ass revenge motive. 166 00:10:30,454 --> 00:10:32,664 It's not good enough on a case like this. 167 00:10:32,726 --> 00:10:36,338 Arrange some lineups with whatever witnesses you can pull in. 168 00:10:36,401 --> 00:10:40,081 We've got six different descriptions. To be honest, Rodino doesn't fit any of 'em to a "T" 169 00:10:40,143 --> 00:10:44,620 Well, the guard on the metal detector said he let the regulars through without a scan. 170 00:10:44,687 --> 00:10:48,138 See if you can put Rodino on the V.I.P. list. 171 00:10:50,367 --> 00:10:52,441 - Yeah I've seen this guy come through here before. - How'd he get in? 172 00:10:52,505 --> 00:10:54,988 Always some kind of official business. What, I can't tell you. 173 00:10:55,044 --> 00:10:57,756 - What about the day of the shooting? - It's hard to say. 174 00:10:57,817 --> 00:11:01,064 There was a bunch of stuff going on-- a school field trip, 175 00:11:01,125 --> 00:11:03,233 uh, a bill signing, 176 00:11:03,297 --> 00:11:06,578 a huge notice and comment session in the main council room. 177 00:11:06,637 --> 00:11:09,417 “Notice and comment"? Refresh my memory. 178 00:11:09,477 --> 00:11:11,960 I slept through high school civics. It's a big public hearing. 179 00:11:12,016 --> 00:11:14,522 What was it about? Um, a bunch of business people... 180 00:11:14,589 --> 00:11:16,538 pissin' and moanin' about their water bills. 181 00:11:16,594 --> 00:11:19,237 Man, were they ticked Water bills ? 182 00:11:19,299 --> 00:11:22,079 - Was Councilman Johnson involved in that? - Nah, he'd just come in from lunch. 183 00:11:22,139 --> 00:11:24,281 They must've been goin' off on somebody else. 184 00:11:24,345 --> 00:11:28,697 Somebody else? Like a water inspector? 185 00:11:32,631 --> 00:11:36,550 The day our water inspector got shot, there were 200 citizens at city hail... 186 00:11:36,606 --> 00:11:40,423 gripin' about their water bills. Plus, Rodino's alibi checked out. 187 00:11:40,482 --> 00:11:42,761 A clerk at Aqueduct confirmed that he took his bet. 188 00:11:42,820 --> 00:11:44,824 So we were looking at the wrong victim. 189 00:11:44,892 --> 00:11:47,842 Well, high-profile councilman, low-level bureaucrat- 190 00:11:47,898 --> 00:11:50,883 I mean, you hear hoof beats, you think horses, not zebras. 191 00:11:50,938 --> 00:11:54,048 We also took for granted that the shooter hit who he was aimin' for. 192 00:11:54,112 --> 00:11:56,425 All right, if the shooter wasn't a regular, 193 00:11:56,484 --> 00:11:58,694 how'd he get the gun past the metal detector? 194 00:11:58,756 --> 00:12:01,331 The magnetometers are outside city hall. 195 00:12:01,396 --> 00:12:03,743 He could've slipped the gun under the fence, gone through security, 196 00:12:03,802 --> 00:12:06,342 then picked it up on the other side. Great. 197 00:12:06,407 --> 00:12:08,412 I have to break all this to the mayor. 198 00:12:08,479 --> 00:12:11,259 Run down that water bill angle. 199 00:12:12,455 --> 00:12:14,904 I've never done nothing to nobody. Why would anybody wanna kill me? 200 00:12:14,960 --> 00:12:17,843 - That's what we 're trying to figure out. - On the day of the shooting, 201 00:12:17,900 --> 00:12:21,512 a lot of business owners were down at city hall complaining about their water bills. 202 00:12:21,576 --> 00:12:23,650 Not their bills, how they're calculated. 203 00:12:23,714 --> 00:12:27,690 City's considering new regs allowing for estimated readings. 204 00:12:27,757 --> 00:12:30,434 Pretend for a minute that water regs aren't our life's work. 205 00:12:30,496 --> 00:12:35,248 Well, estimated readings, just what it sounds like-- one master meter per block. 206 00:12:35,307 --> 00:12:39,283 Wait, what are you saying? That you guess how much individual businesses use? 207 00:12:39,350 --> 00:12:43,633 - Well, that doesn't sound fair. - They get ticked off either way. 208 00:12:43,693 --> 00:12:47,976 Water and sewer combined, bills can run to five figures on a commercial property. 209 00:12:48,036 --> 00:12:50,451 And nobody thinks they owe what they owe. 210 00:12:50,508 --> 00:12:53,356 Anybody angry enough to do somethin' about it? 211 00:12:53,415 --> 00:12:57,368 It's the city does the billing. I'm just the guy people see. 212 00:12:57,424 --> 00:13:00,774 Ever hear the expression “shooting the messenger"? 213 00:13:03,405 --> 00:13:06,151 Geez 214 00:13:06,212 --> 00:13:08,285 You know, I-- 215 00:13:09,352 --> 00:13:12,769 I take so much crap I-- I never thought-- 216 00:13:13,996 --> 00:13:15,944 They don't pay me enough for this. 217 00:13:16,000 --> 00:13:18,917 The people who dole out this crap you take, 218 00:13:18,974 --> 00:13:22,449 we're gonna need a list of your top 10. 219 00:13:24,386 --> 00:13:26,391 We 're looking for the owner. 220 00:13:26,458 --> 00:13:28,668 Hey, Stu, cops. 221 00:13:28,730 --> 00:13:31,612 Stuart Rubin. Can I help you boys with something? 222 00:13:31,670 --> 00:13:34,917 We got, uh, scanners, state-of-the-art walkies, antennas-- 223 00:13:34,977 --> 00:13:37,860 No. We got questions about a water inspector. 224 00:13:37,917 --> 00:13:41,198 He said you got pretty worked up over a bill he hit you with. 225 00:13:41,258 --> 00:13:44,368 And he called the cops? So you were worked up. 226 00:13:44,432 --> 00:13:48,146 Do you see a laundry here? Do you see a commercial kitchen? 227 00:13:48,207 --> 00:13:52,217 No way we could use 30-grand worth of water in a year, much less a month. 228 00:13:52,283 --> 00:13:55,826 The water inspector we're talking about was one of the shooting victims over at city hail. 229 00:13:57,061 --> 00:14:00,741 - And you think that I-- - Looks like you had 30,000 reasons to be mad. 230 00:14:00,803 --> 00:14:05,087 Yeah, I've also got arthritis. I can barely make a fist. 231 00:14:05,146 --> 00:14:08,997 You tell me. How am I supposed to shoot a gun? 232 00:14:09,055 --> 00:14:12,769 I told Tabachnik I was grandfiathered in under the old '97 rates. 233 00:14:12,831 --> 00:14:15,144 All it'd take is one lousy look at the regs. 234 00:14:15,203 --> 00:14:18,279 All he knows is what's written on his friggin' clipboard. 235 00:14:18,343 --> 00:14:21,226 Mm, that must've pissed you off. Well, it didn't exactly thrill me. 236 00:14:21,283 --> 00:14:24,291 Who's gonna lend me money to pay my bills with a water lien hangin' over my head? 237 00:14:24,357 --> 00:14:28,538 So, maybe you thought you'd teach him a .38-caliber lesson? 238 00:14:28,600 --> 00:14:32,485 I was in 'Nam two tours. If I wanted to throw a shot at Tabachnik, 239 00:14:32,542 --> 00:14:34,547 believe me, he wouldn't be talking to you. 240 00:14:34,614 --> 00:14:36,562 That ain't exactly a denial, Dale. 241 00:14:37,721 --> 00:14:39,795 Well, then this is It wasn't me. 242 00:14:39,859 --> 00:14:42,775 I'm sure you'll understand if we don't just take your word for that. 243 00:14:42,833 --> 00:14:46,080 Wednesday afternoon, I would've been closin ' down the lunch-hour rush. 244 00:14:46,140 --> 00:14:49,387 I could line up a few waitresses, a half-a-dozen customers if I had to. 245 00:14:49,448 --> 00:14:51,954 And you have to-- names and numbers. 246 00:14:55,127 --> 00:14:58,443 We've exhausted Tabachnik's fan club. All right, thanks. 247 00:14:58,502 --> 00:15:01,487 Not the right age, not the right race, some kind of alibi-- 248 00:15:01,542 --> 00:15:04,493 And these are all the people who were angry with him? Oh, probably not even close. 249 00:15:04,549 --> 00:15:06,588 Just the ones who gave him the most grief. 250 00:15:06,653 --> 00:15:08,932 So, start with the ones who suffered in silence. 251 00:15:08,992 --> 00:15:10,941 Tabachnik read half the meters in Manhattan. 252 00:15:10,997 --> 00:15:13,982 Here, you want to take our pictures so you can remember what we look like? 253 00:15:14,037 --> 00:15:17,215 You're right. What if we could get all these people to come to us? 254 00:15:17,278 --> 00:15:19,990 Oh, then we'd be magicians, not cops. 255 00:15:20,051 --> 00:15:23,468 Remember that sting operation when the warrant squad invited... 256 00:15:23,526 --> 00:15:26,032 its top fugitives to a giveaway for Yankee tickets? 257 00:15:26,098 --> 00:15:29,676 That's right, on the first base line. They grabbed what, almost a couple dozen felons? 258 00:15:29,740 --> 00:15:32,953 Tabachnik's angry businessmen would go anywhere we told them... 259 00:15:33,014 --> 00:15:35,692 if they thought it would get their water bills wiped clean. 260 00:15:35,754 --> 00:15:37,964 And maybe Tabachnik can I.D. one of 'em. 261 00:15:38,026 --> 00:15:40,874 Set it up. 262 00:15:42,736 --> 00:15:44,878 Maybe you didn't hear me the first time. 263 00:15:44,942 --> 00:15:47,825 Form G-5 is the one you have to fill out in triplicate. 264 00:15:47,882 --> 00:15:51,095 But there are only two copies. Hey, I don't make the rules. I just follow them. 265 00:15:51,156 --> 00:15:53,867 Uh, but-- All right. We'll mail you one. 266 00:15:53,928 --> 00:15:55,740 Next! 267 00:15:55,800 --> 00:16:00,277 He is enjoying this way too much. 268 00:16:00,344 --> 00:16:02,793 Any familiar faces? 269 00:16:02,849 --> 00:16:05,264 Not yet. 270 00:16:05,321 --> 00:16:10,368 I'm sorry, but amnesty's only being given to people who meet a specific set of criteria. 271 00:16:10,433 --> 00:16:12,506 And what's the criteria? We'll let you know. 272 00:16:12,572 --> 00:16:15,283 I came all the way down here for “We'll let you know"? 273 00:16:15,344 --> 00:16:18,625 It's a bureaucracy, ma'am. 274 00:16:19,755 --> 00:16:22,865 Well, that's three hours of my life I'm never gonna get back. 275 00:16:22,928 --> 00:16:25,275 Was it worth it? Well, we've got one candidate. 276 00:16:25,334 --> 00:16:28,512 - I'm pretty sure this is the guy. - That makes him Peter Rubin, 277 00:16:28,574 --> 00:16:31,684 7972 Parsons Boulevard, Flushing, New York. 278 00:16:31,748 --> 00:16:35,759 Rubin, as in Stuart Rubin? As in Stuart Electronics? 279 00:16:38,664 --> 00:16:41,512 Well, I won't-- All right, just put it-- 280 00:16:41,571 --> 00:16:44,488 Detectives. I thought we took care of everything. 281 00:16:44,545 --> 00:16:48,657 That was before we found out your son doesn't have arthritis. Yeah, Peter? 282 00:16:48,721 --> 00:16:50,761 You don't think you should have mentioned him before? 283 00:16:50,826 --> 00:16:54,243 Ah, speak of the devil. Now, why would I? He had nothing to do with--. 284 00:16:55,436 --> 00:16:59,412 - Is there something wrong? - You're the only putz I know who can go downtown for amnesty 285 00:16:59,479 --> 00:17:01,553 and come back with homicide detectives. 286 00:17:01,617 --> 00:17:04,932 Homicide detectives? I have no idea what this is about. 287 00:17:04,991 --> 00:17:08,101 It's about that monster water bill Tabachnik dumped on you. 288 00:17:08,165 --> 00:17:10,546 I didn't do anything. 289 00:17:10,605 --> 00:17:12,848 You should be talking to those schmucks down at Radio Zone. They're the guys-- 290 00:17:12,910 --> 00:17:15,826 I can handle it, Pop! Yeah, a fine job you're doing too. 291 00:17:15,883 --> 00:17:18,527 What's Radio Zone got to do with this? They're a national chain. 292 00:17:18,589 --> 00:17:22,167 My father seems to think-- They've been trying to buy us out. We told them to take a hike. 293 00:17:22,231 --> 00:17:27,482 A week later, this Tabachnik shows up with a water bill for a hundred times what we owe, 294 00:17:27,543 --> 00:17:29,617 which could put us out of business, like that. 295 00:17:29,681 --> 00:17:34,067 - So your son decided to get even. - Tabachnik's the crook! 296 00:17:34,125 --> 00:17:38,306 If he's doing the dirty work for that company, how many enemies do you think he made? 297 00:17:40,072 --> 00:17:42,521 You serious about checking out Radio Zone? I've been meaning to return... 298 00:17:42,578 --> 00:17:44,857 this nose-hair trimmer I got for Christmas. 299 00:17:44,916 --> 00:17:46,990 Tabachnik tagged Peter as the shooter. 300 00:17:47,055 --> 00:17:49,561 Hey, I'm not saying I don't like him as the shooter, 301 00:17:49,627 --> 00:17:54,309 but if Tabachnik is crooked, there could be more to this than we think. 302 00:17:56,108 --> 00:18:00,722 You honestly believe we would bribe a water inspector to get what we want? 303 00:18:00,786 --> 00:18:03,896 It could come in handy. You soften the ground with a large bill your target can't pay, 304 00:18:03,960 --> 00:18:05,942 then you move in and scoop up the leftovers. 305 00:18:05,998 --> 00:18:09,108 And I should go through all that trouble for Stuart Electronics? 306 00:18:09,172 --> 00:18:11,155 They haven't turned a profit in the last two years. 307 00:18:11,210 --> 00:18:14,457 - Ground's already soft. - It does seem like a hell of a coincidence... 308 00:18:14,517 --> 00:18:19,598 that Tabachnik shows up a week after the Rubins told you where to stick your buyout. 309 00:18:19,663 --> 00:18:21,771 Is that what they told you? 310 00:18:21,834 --> 00:18:25,012 Did they also tell you the son is a paranoid lunatic? 311 00:18:25,075 --> 00:18:27,558 Did they tell you junior brought a gun into my office? 312 00:18:29,284 --> 00:18:32,269 - What kind of gun? - A .38 revolver. 313 00:18:32,325 --> 00:18:34,672 I know guns. My brother's a cop. 314 00:18:34,730 --> 00:18:38,205 Little punk had it stuck in his waistband, but he made sure I saw it, you know? 315 00:18:38,272 --> 00:18:41,918 He kept going on about how we wasn't gonna stand for this nonsense anymore. 316 00:18:41,981 --> 00:18:45,057 - You'd be willing to sign a complaint? - Sure. 317 00:18:48,095 --> 00:18:50,077 - Mind if we come in? - What the hell's going on? 318 00:18:50,132 --> 00:18:52,115 You can't just break in here like this! 319 00:18:52,170 --> 00:18:55,280 Actually, we have a warrant that says we can do exactly that. 320 00:18:55,344 --> 00:18:58,021 Peter Rubin, you're under arrest. You have the right to remain silent. 321 00:18:58,083 --> 00:19:01,091 Peter, what's going on? It's all right, honey. It just a misunderstanding 322 00:19:01,157 --> 00:19:03,140 In front of his wife and kids, you gotta do this? 323 00:19:03,195 --> 00:19:06,180 Hey, if you want to make a complaint, call your councilman. 324 00:19:06,236 --> 00:19:08,378 You have the right to remain silent. 325 00:19:10,546 --> 00:19:13,257 Docket ending 6752, People versus Peter Rubin. 326 00:19:13,319 --> 00:19:16,270 Charge is murder in the second degree, attempted murder in the second degree. 327 00:19:16,326 --> 00:19:19,504 Oh, the city hall shooting. How did I get so lucky? 328 00:19:19,566 --> 00:19:22,950 May it please the court, the firm of Fernands, McCarthy and Clymer, 329 00:19:23,008 --> 00:19:27,018 by John W. Clymer, counsel for the accused, Peter Rubin. 330 00:19:27,084 --> 00:19:29,294 First time in criminal court Mr. Clymer? 331 00:19:29,356 --> 00:19:31,805 I ordinarily handle the Rubins' business and probate work. 332 00:19:31,861 --> 00:19:34,903 Well, I 'll tell you what. For you, we 'll keep it simple. 333 00:19:34,968 --> 00:19:36,973 - Guilty or-- - Not guilty, Your Honor. 334 00:19:37,040 --> 00:19:40,582 You see how easy that was? Now, let's see how you do with bail. 335 00:19:40,648 --> 00:19:44,099 - The People request remand, Your Honor. - Mr. Clymer? 336 00:19:44,156 --> 00:19:47,608 My client has a family, a business, strong ties to the community- 337 00:19:47,664 --> 00:19:50,706 Not strong enough to keep him from opening fire on people... 338 00:19:50,772 --> 00:19:54,246 - in a cathedral of that community. - What happened to the presumption of innocence? 339 00:19:54,312 --> 00:19:57,388 I see you still remember a few things from Crim Pro. 340 00:19:57,453 --> 00:19:59,959 The surviving victim picked the defendant out of a lineup. 341 00:20:01,295 --> 00:20:04,804 Set bail at 250,000 cash or bond. 342 00:20:04,870 --> 00:20:07,753 Docket number 2876351 -- 343 00:20:07,811 --> 00:20:10,795 Another thing I remember from Crim Pro is that... 344 00:20:10,851 --> 00:20:15,704 evidence isn't admissible when it's obtained pursuant to an unlawful search. 345 00:20:15,762 --> 00:20:17,836 My motion to suppress. 346 00:20:21,676 --> 00:20:25,127 This case must be high profile if you're bird-dogging the arraignment 347 00:20:25,183 --> 00:20:30,036 I wasn't there to second-guess. The mayor's office is all over Arthur, so Arthur's all over me. 348 00:20:30,094 --> 00:20:33,136 Well, tell him not to worry. Did you see Rubin's lawyer? 349 00:20:33,201 --> 00:20:35,150 I saw him hand you a blueback. 350 00:20:35,206 --> 00:20:38,248 It's a suppression motion. But it doesn't make any sense. 351 00:20:38,313 --> 00:20:40,455 Civil lawyer who's out of his element? 352 00:20:40,519 --> 00:20:44,563 He's under the impression that the police found a .38 Special during the search. 353 00:20:44,628 --> 00:20:47,636 So they think we have the murder weapon, but we don't? 354 00:20:47,701 --> 00:20:51,654 If the search of Rubin's apartment turned up anything, it's news to me. 355 00:20:51,710 --> 00:20:56,358 Talk to Briscoe. if they found a smoking gun, it would be nice if they kept us in the loop. 356 00:20:57,891 --> 00:21:00,933 You sure you're not confusing this with some other case? 357 00:21:00,998 --> 00:21:03,676 Well, if I am, then Rubin's lawyer is too. 358 00:21:03,738 --> 00:21:07,657 Now I'm confused. What, Rubin's lawyer said we found a gun in Rubin's home? 359 00:21:07,714 --> 00:21:12,169 That's right. Off the record, the officers that assisted you, you sure they didn't pocket the gun? 360 00:21:12,225 --> 00:21:14,674 Well, that would be textbook police work. 361 00:21:14,730 --> 00:21:17,408 I'm not accusing. Then what do you call it? 362 00:21:17,470 --> 00:21:19,749 Covering my ass. I have to ask you, 363 00:21:19,809 --> 00:21:22,919 because at some point a judge is gonna ask me. Okay, so ask. 364 00:21:22,983 --> 00:21:26,525 Did anyone find any type of weapon in Peter Rubin's home? 365 00:21:26,590 --> 00:21:30,567 Not unless you count the world's most boring record collection. 366 00:21:30,634 --> 00:21:34,279 So, basically we've been served with a motion to suppress evidence we don't have. 367 00:21:34,341 --> 00:21:37,087 Well, look at the bright side. If we lose, we're no worse off. 368 00:21:37,148 --> 00:21:39,826 We're still left with the question of why the defense thinks we found a gun. 369 00:21:39,888 --> 00:21:42,394 Well, I'm sure Rubin told his lawyer that his .38 was missing, 370 00:21:42,460 --> 00:21:44,704 and Clymer was too green to keep his mouth shut. 371 00:21:44,766 --> 00:21:47,614 Which is why they hired me. Hey, Jack. Serena. 372 00:21:47,673 --> 00:21:50,520 How's the leg, Danielle? Great. 373 00:21:50,578 --> 00:21:53,062 Doctor says by this time next year I'll be dancing the night away. 374 00:21:53,118 --> 00:21:56,832 And in the meantime, you're representing Peter Rubin. That surprises me. 375 00:21:56,894 --> 00:22:01,542 A victim of gun violence-- Defending a victim of government misconduct, Jack. 376 00:22:01,604 --> 00:22:04,919 The detectives executed a valid warrant. Yeah, too little, too late. 377 00:22:04,978 --> 00:22:07,461 - What are you talking about? - Two days before the search warrant was issued, 378 00:22:07,517 --> 00:22:09,500 the police tossed my client's apartment... 379 00:22:09,556 --> 00:22:11,971 and seized his gun without a warrant. 380 00:22:12,028 --> 00:22:14,375 Come on, you didn't know? 381 00:22:19,846 --> 00:22:22,421 Ms. Melnick, you're saying there were two searches? 382 00:22:22,486 --> 00:22:26,963 - Exactly, Your Honor. - We talked to our detectives. They deny executing a prior search. 383 00:22:27,029 --> 00:22:28,977 What? 384 00:22:29,033 --> 00:22:31,573 You telling me you didn't know Peter Rubin had a gun in his apartment? 385 00:22:31,640 --> 00:22:33,953 Not until the motion to suppress. 386 00:22:35,482 --> 00:22:40,233 Great. This is what you get for hiring a probate lawyer to defend you for murder. 387 00:22:40,293 --> 00:22:43,301 Sure they're being honest with you? Ms. Southerlyn. 388 00:22:43,367 --> 00:22:45,680 I have an affidavit, Your Honor, right here, from Peter Rubin's neighbor... 389 00:22:45,739 --> 00:22:50,160 who swears that she saw two men exit a sedan and enter the Rubins' apartment... 390 00:22:50,216 --> 00:22:53,326 after his wife and his children had left for the day. 391 00:22:53,390 --> 00:22:57,241 One hour later, they emerged with a file carton containing my client's .38, 392 00:22:57,299 --> 00:22:59,247 which they removed from the premises. 393 00:22:59,303 --> 00:23:02,481 How could this neighbor even know that the men she saw were police? It could have been a burglary. 394 00:23:02,544 --> 00:23:05,722 Oh, come on. Burglars in suits and trench coats? 395 00:23:05,785 --> 00:23:09,829 In any event, the court can't exclude evidence the People don't have in the first place. 396 00:23:09,894 --> 00:23:13,972 He's right, Ms. Melnick. It seems your motion is moot. 397 00:23:14,036 --> 00:23:18,013 But if I were you, Mr. McCoy, I'd get to the bottom of this. 398 00:23:20,785 --> 00:23:24,397 I checked with Rubin's local precinct. There's no record of any ongoing case. 399 00:23:24,461 --> 00:23:29,177 What about other jurisdictions? There's no precinct in the tristate area investigating the Rubins. 400 00:23:29,238 --> 00:23:32,382 But the feds could be another story. 401 00:23:35,486 --> 00:23:39,268 I'm sorry, but I can't confirm or deny any ongoing investigations... 402 00:23:39,328 --> 00:23:41,868 conducted by the U.S. Attorney's office. 403 00:23:41,934 --> 00:23:44,247 In other words, it's classified? Let's just say... 404 00:23:44,306 --> 00:23:48,385 there are some very real security concerns that necessitate strict confidentiality. 405 00:23:48,449 --> 00:23:51,559 You can trust us to keep your secrets, Mr. Cagnetta. 406 00:23:51,623 --> 00:23:54,334 - It's not a question of trust. - Then what is it a question of? 407 00:23:54,396 --> 00:23:57,437 Policy. So it's D.O.J. policy... 408 00:23:57,503 --> 00:24:01,479 - to sit on material evidence that would convict a murderer? - We don't sit on evidence, Ms. Southerlyn. 409 00:24:01,546 --> 00:24:05,157 There are some things that are bigger than your little world, if you can imagine that. 410 00:24:05,221 --> 00:24:07,932 I doubt those things would justify a warrantless search. 411 00:24:07,993 --> 00:24:11,376 Do you honestly think we'd send agents into anyone's home without a warrant? 412 00:24:11,435 --> 00:24:13,508 Do you really think we're that stupid? 413 00:24:14,709 --> 00:24:16,851 No, Mr. Cagnetta, I don't. 414 00:24:20,422 --> 00:24:23,134 Bureaucratic doublespeak and non-denial denials. 415 00:24:23,195 --> 00:24:28,344 But if you read between the lines, it looks like the men who searched Rubin's apartment were F.B.I. 416 00:24:28,408 --> 00:24:31,415 Yeah, but even if we knew the agents' names, I doubt they'd talk to us. 417 00:24:31,480 --> 00:24:34,294 Probably not. But Cagnetta as good as told us they had a warrant. 418 00:24:34,354 --> 00:24:37,669 And a warrant means a paper trail. 419 00:24:39,833 --> 00:24:43,149 - R-U-B-I-N? - That's right. Stuart or Peter. 420 00:24:43,208 --> 00:24:46,659 Nope. Sorry. What about Stuart Electronics? 421 00:24:47,651 --> 00:24:49,600 Strike two. 422 00:24:49,656 --> 00:24:51,604 There's no record of any warrant of any kind... 423 00:24:51,661 --> 00:24:54,338 applied for or served on a Rubin or a Stuart Electronics. 424 00:24:54,400 --> 00:24:59,755 So nothing on the judicial docket. What about the national database? 425 00:24:59,812 --> 00:25:02,524 Only thing coming up is a... 426 00:25:02,586 --> 00:25:05,764 rejected application for a video game export license. 427 00:25:05,826 --> 00:25:09,608 Nothing too sinister there, right? Okay, thanks. 428 00:25:12,509 --> 00:25:16,985 Why would Stuart Electronics need a license to sell video games? Beats me. 429 00:25:17,051 --> 00:25:19,797 Hey, Andrew? 430 00:25:19,858 --> 00:25:22,934 This lady wants to know why you would need a license to export video games. 431 00:25:22,999 --> 00:25:25,448 Oh, it's not the games. It's the systems they're played on. 432 00:25:25,504 --> 00:25:27,919 Those things are just really fast computers. 433 00:25:27,977 --> 00:25:30,756 Anything with a speed of over 85000 MTOPS, 434 00:25:30,817 --> 00:25:33,665 U.S. Export Administration's worried the wrong people are gonna use the technology... 435 00:25:33,723 --> 00:25:37,505 to build encryption machines or missile guidance systems. 436 00:25:37,565 --> 00:25:40,413 The wrong people? You know, countries on speaking terms... 437 00:25:40,472 --> 00:25:43,012 with the “Axis of Evil." 438 00:25:43,078 --> 00:25:46,120 I doubt the government worried Osama's spending too much time... 439 00:25:46,185 --> 00:25:48,691 playing “Grand Theft Auto" on his PlayStation. 440 00:25:48,757 --> 00:25:51,674 The game machines qualify as dual-use technology 441 00:25:51,731 --> 00:25:54,716 Benign products that can be turned into weapons. 442 00:25:54,771 --> 00:25:57,949 Stuart Electronics applied for a license to ship these gizmos overseas? 443 00:25:58,012 --> 00:26:00,860 And the feds denied it. But according to their U.P.S. account, 444 00:26:00,919 --> 00:26:03,528 the Rubins shipped 14 units of something to Algeria anyway. 445 00:26:03,592 --> 00:26:06,542 Not exactly a country on our Christmas card list. 446 00:26:06,598 --> 00:26:10,210 But definitely on the list of countries which we can't export dual-use technology to. 447 00:26:10,274 --> 00:26:12,918 And they sold the machines for 10 times what they would get in the States. 448 00:26:12,980 --> 00:26:15,395 That'll get the D.O.J.'s attention every time. 449 00:26:16,989 --> 00:26:19,734 Now that we know what the F.B.I. was doing in their clubhouse, 450 00:26:19,795 --> 00:26:23,009 maybe they'll let us in without the secret password. 451 00:26:24,574 --> 00:26:30,259 We know you're investigating Stuart Electronics for violating various export administration regulations. 452 00:26:30,320 --> 00:26:35,207 We know that you sent the F.B.I. to conduct a search of Peter Rubin's apartment. 453 00:26:35,264 --> 00:26:39,241 And we know they seized evidence, including a .38-caliber handgun. 454 00:26:39,307 --> 00:26:41,688 We believe it was used in the city hall shooting. 455 00:26:41,746 --> 00:26:45,061 It sounds like you think you know quite a bit. Which begs the question... 456 00:26:45,120 --> 00:26:48,800 of why your office continues to keep us in the dark, 457 00:26:48,862 --> 00:26:52,075 particularly when you have the evidence we need to convict a murderer. 458 00:26:52,136 --> 00:26:56,682 This issue is very complex, Mr. McCoy. I'm a smart guy. 459 00:26:57,983 --> 00:27:02,232 We're not being proprietary here The black box policy exists... 460 00:27:02,292 --> 00:27:05,072 to preserve the integrity of our investigations. In other words, 461 00:27:05,133 --> 00:27:08,050 you don't want anyone to find out that you're entering people's homes without a warrant. 462 00:27:08,106 --> 00:27:13,187 Assuming, arguendo, the F.B.I. conducted a search of Mr. Rubin's apartment, 463 00:27:13,252 --> 00:27:15,963 I assure you it was 100% legal. 464 00:27:16,024 --> 00:27:19,772 Except that there's no record of any search warrants being applied for at the federal level. 465 00:27:19,833 --> 00:27:22,909 That's because all of the court proceedings in this case are secret. 466 00:27:23,975 --> 00:27:26,721 - Secret? - A secret warrant. 467 00:27:29,121 --> 00:27:31,570 Issued by a secret court. 468 00:27:39,846 --> 00:27:44,597 The FISA court in Washington-- it's been around since '78. “FISA?” 469 00:27:44,656 --> 00:27:47,800 The “Foreign Intelligence Surveillance Act.” 470 00:27:47,864 --> 00:27:51,042 Patriot Act expanded its scope after 9/11. 471 00:27:51,105 --> 00:27:54,682 It took 3,000 dead Americans to get the politicians off their butts. 472 00:27:54,746 --> 00:27:58,859 Isn't the idea of a secret court antithetical to our system of justice? 473 00:27:58,923 --> 00:28:02,568 The court isn't secret. Their proceedings are. No different than a grand jury. 474 00:28:02,631 --> 00:28:07,553 Except with a grand jury, it is my fellow citizens who are calling shots. 475 00:28:07,609 --> 00:28:11,083 The FISA court was set up to go after spies and terrorists. Its proceedings need to be classified. 476 00:28:11,150 --> 00:28:13,930 Except Peter Rubin isn't a spy or a terrorist. 477 00:28:13,990 --> 00:28:17,305 Well, he may have aided and abetted them in dear violation of federal law. 478 00:28:17,364 --> 00:28:21,512 So, the feds can go into my home without telling me, search my house and hack into my computer... 479 00:28:21,574 --> 00:28:23,614 If they say it's related to foreign intelligence? 480 00:28:23,680 --> 00:28:26,858 Sneak-and-peek warrants were valid long before FISA came along. 481 00:28:26,920 --> 00:28:31,432 They were also rarities, Arthur. There've been over 74,000 FISA warrants requested 482 00:28:31,498 --> 00:28:34,949 - Only five have ever been denied. - Well, that tells me that the deck is stacked. 483 00:28:35,005 --> 00:28:38,457 That tells me that prosecutors don't make frivolous applications. 484 00:28:40,351 --> 00:28:42,800 You all don't have much faith in the federal government, do you? 485 00:28:42,856 --> 00:28:45,704 They are the ones who won't give us the murder weapon. 486 00:28:51,376 --> 00:28:53,860 Missed you at last year's reunion, Arthur. 487 00:28:53,915 --> 00:28:56,364 Oh, I don't have the time to sit around and pontificate... 488 00:28:56,421 --> 00:28:59,736 about the significance of Hadley versus Baxendale. 489 00:28:59,795 --> 00:29:02,507 Of course, if I were on the federal bench like you-- 490 00:29:02,568 --> 00:29:07,216 You wouldn't have to spend all your free time pandering to constituents before election day. 491 00:29:09,183 --> 00:29:11,690 What's on your mind, Arthur? 492 00:29:11,756 --> 00:29:15,903 Oh, I wanted to talk to you about that little stint you did down in Washington. 493 00:29:15,966 --> 00:29:19,942 Now, you know I can't comment on that. 494 00:29:20,008 --> 00:29:23,722 I'm prosecuting a case where the murder weapon was seized pursuant to a FISA warrant. 495 00:29:23,783 --> 00:29:26,062 I'm not sure I like where this is going. 496 00:29:26,122 --> 00:29:29,404 The feds won't turn the evidence over to us. 497 00:29:29,464 --> 00:29:32,540 This is the city hail shooting, Vance. 498 00:29:33,639 --> 00:29:38,560 The world has changed, Arthur. We all have to roll with the punches. 499 00:29:40,322 --> 00:29:44,173 Agreed. But I still need my gun. 500 00:29:47,838 --> 00:29:49,946 Can I help you? 501 00:29:50,010 --> 00:29:52,118 Special Agent Jamal Atkinson. 502 00:29:52,182 --> 00:29:54,324 To what do we owe the pleasure? 503 00:30:02,940 --> 00:30:07,656 This Colt .38 Special was recovered from the home of Peter Rubin by federal agents. 504 00:30:07,718 --> 00:30:10,896 What are we supposed to tell the jury, that the gun fell from the sky? 505 00:30:12,261 --> 00:30:14,835 Here's my chain of custody affidavit. 506 00:30:14,900 --> 00:30:17,748 If your case goes to trial, keep me off the stand. 507 00:30:17,807 --> 00:30:20,849 I can't make any promises. You know I can't keep you off the stand... 508 00:30:20,914 --> 00:30:24,332 unless the defense stipulates to the gun. 509 00:30:25,458 --> 00:30:29,502 The people who sent me here did you a favor, Mr. McCoy. 510 00:30:29,567 --> 00:30:32,108 You see what you can do. 511 00:30:40,459 --> 00:30:44,071 Hey, Jack. Can I join you? 512 00:30:45,237 --> 00:30:49,588 Shouldn't you be spoon-feeding witnesses for tomorrow? 513 00:30:49,647 --> 00:30:53,931 I don't have to anymore, do I? Thanks to the F.B.I. 514 00:30:53,990 --> 00:30:56,701 I'll have a soda water with lime, please. 515 00:30:56,764 --> 00:30:59,611 You knew? I suspected. 516 00:31:00,906 --> 00:31:04,654 Positive ballistics and a print match with your client-- 517 00:31:04,715 --> 00:31:09,295 He was the city hall shooter, and we've got him dead to rights. 518 00:31:09,359 --> 00:31:13,278 Yeah. Thanks to a search the Star Chamber would be proud of. 519 00:31:13,335 --> 00:31:15,614 If that's the way you feel, Danielle, move to suppress. 520 00:31:15,673 --> 00:31:19,387 Right. Judge Logan's gonna rule FISA violates the Fourth Amendment. 521 00:31:19,449 --> 00:31:21,625 How many beers have you had? 522 00:31:24,761 --> 00:31:27,746 - This doesn't bother you? - It was a legal search. 523 00:31:27,801 --> 00:31:32,415 Letter of the law, maybe. But when federal agents creep into my client's home... 524 00:31:32,479 --> 00:31:34,758 and go through his possessions because some secret court... 525 00:31:34,817 --> 00:31:37,323 rubber-stamped a secret warrant, are you kidding? 526 00:31:37,390 --> 00:31:42,072 This is outrageous. And if you use the evidence, you're complicit. 527 00:31:42,134 --> 00:31:44,481 Complicit in putting a murderer away. 528 00:31:44,539 --> 00:31:46,579 What do you think my responsibility is? 529 00:31:46,644 --> 00:31:50,027 To seek justice for the city without undercutting the rights of its citizens. 530 00:31:50,085 --> 00:31:53,036 - Exactly. - If all they think about is getting the conviction, 531 00:31:53,092 --> 00:31:55,736 nothing's gonna stop them from kicking in our doors in the middle of the night! 532 00:31:55,799 --> 00:31:58,248 That's not happening, Danielle, and you know it. 533 00:31:58,304 --> 00:31:59,944 Yet. 534 00:32:04,886 --> 00:32:08,896 Melnick's just unhappy because we've got her client by the scruff of the neck. 535 00:32:09,897 --> 00:32:13,110 FISA? So the search doesn't bother you? 536 00:32:13,171 --> 00:32:15,746 There's nothing sinister about it. 537 00:32:15,811 --> 00:32:17,759 I mean, we're at war here. 538 00:32:17,815 --> 00:32:21,825 I mean, balancing liberty and security is never easy, even on the best of days. 539 00:32:21,892 --> 00:32:24,432 Melnick's bound to make an issue out of this. 540 00:32:24,498 --> 00:32:27,243 - You're worried about jury nullification? - You know, Danielle. 541 00:32:27,304 --> 00:32:32,020 If she doesn't have a case, she'll play to the jury's emotions and put the government's conduct on trial. 542 00:32:33,017 --> 00:32:35,022 Feds had every right to do what they did. 543 00:32:36,559 --> 00:32:39,475 I worry I'm complicit in opening a Pandora's box. 544 00:32:39,532 --> 00:32:44,488 This is the city hall shooting. And a city councilman is dead. 545 00:32:44,544 --> 00:32:47,392 I don't see where your problem is, Jack. 546 00:32:52,595 --> 00:32:54,839 The day I read the meter at Stuart Electronics, 547 00:32:54,900 --> 00:32:57,510 I wasn't feeling so hot-- I was coming down with the flu. 548 00:32:57,574 --> 00:32:59,921 Did it affect the reading, Mr. Tabachnik? 549 00:32:59,979 --> 00:33:02,485 I transposed the water and sewer numbers. 550 00:33:02,551 --> 00:33:04,795 When that got back to our accounts department, 551 00:33:04,857 --> 00:33:08,537 uh, Stuart Electronics got billed $29,000. 552 00:33:08,599 --> 00:33:10,878 When the actual bill should've been what? 553 00:33:10,937 --> 00:33:14,411 Uh, 80-something dollars. 554 00:33:14,479 --> 00:33:17,555 This wasn't some big conspiracy, you know. It was just a mistake. 555 00:33:18,888 --> 00:33:21,771 Do you see the man who shot you in the courtroom today? 556 00:33:21,829 --> 00:33:24,278 Yes. 557 00:33:24,334 --> 00:33:27,012 In the gray suit at the table. 558 00:33:33,422 --> 00:33:37,968 Mr. Tabachnik, did my client ever complain to you about this water bill? 559 00:33:38,033 --> 00:33:41,018 He left several messages on my voice mail. 560 00:33:41,073 --> 00:33:43,853 But you never returned his call or paid another visit to the store? 561 00:33:43,913 --> 00:33:46,955 We're all very busy. There's four inspectors for the whole city. 562 00:33:47,020 --> 00:33:50,369 I see. So you can understand the frustration that he must have felt... 563 00:33:50,428 --> 00:33:53,413 trying to get through to you to correct this enormous and terrible error. 564 00:33:53,468 --> 00:33:55,416 Objection. Withdrawn. 565 00:33:56,475 --> 00:33:58,583 Nothing further. 566 00:33:58,647 --> 00:34:01,460 Call your next witness, Mr. McCoy 567 00:34:01,519 --> 00:34:04,265 I've subpoenaed Special Agent Jamal Atkinson. 568 00:34:10,140 --> 00:34:15,118 This is the .38 Special I recovered from the home of Peter Rubin on the night of January 23. 569 00:34:15,184 --> 00:34:19,069 Did this gun undergo any scientific testing? Ballistics analysis determined... 570 00:34:19,127 --> 00:34:22,374 it was the weapon used in the city hall shootings. 571 00:34:22,434 --> 00:34:25,648 Latent prints were a ten-point match to Peter Rubin. 572 00:34:32,257 --> 00:34:35,903 Mr. Atkinson, your search of Peter Rubin's apartment, 573 00:34:35,965 --> 00:34:38,973 was it related to this case? No, it was not. 574 00:34:39,039 --> 00:34:41,147 But you had a search warrant. Yes. 575 00:34:41,211 --> 00:34:45,596 - Issued from which judge? - I'm not at liberty to disclose that. 576 00:34:45,654 --> 00:34:49,539 Well, was the name of the judge written on the search warrant that you showed to Peter Rubin? 577 00:34:49,597 --> 00:34:52,171 I'm not required to show him the warrant. 578 00:34:52,236 --> 00:34:55,814 He didn't ask to see it? He wasn't home when we entered. 579 00:34:55,878 --> 00:34:59,729 I see. In fact, no one was, is that correct? Correct 580 00:34:59,787 --> 00:35:02,327 So who let you in, Agent Atkinson? 581 00:35:03,596 --> 00:35:05,544 We let ourselves in. 582 00:35:05,600 --> 00:35:10,146 The door was unlocked? We picked the lock. 583 00:35:10,210 --> 00:35:14,322 Let me understand this. Federal agents broke into this man's home... 584 00:35:14,387 --> 00:35:17,428 and ransacked his possessions in total secrecy? 585 00:35:19,198 --> 00:35:21,442 I have a problem with these questions. 586 00:35:21,503 --> 00:35:23,782 A witness can't object. just answer the question. 587 00:35:25,512 --> 00:35:28,052 We didn't ransack anything. 588 00:35:28,118 --> 00:35:31,069 The warrant was executed pursuant to federal law. 589 00:35:31,125 --> 00:35:34,440 I thought the Constitution was federal law, Agent Atkinson. 590 00:35:34,500 --> 00:35:36,539 Did your warrant specify what you were looking for? 591 00:35:36,604 --> 00:35:39,714 Again, Ms. Melnick, I can't re veal any of the contents of the warrant 592 00:35:39,778 --> 00:35:44,632 So you never informed Peter Rubin which of his possessions you spirited out of his home, 593 00:35:44,690 --> 00:35:47,503 whether you tapped his kids computer, whether you bugged his phones? 594 00:35:47,562 --> 00:35:51,914 Did you ever inform Mr. Rubin of your actions, Agent Atkinson? 595 00:35:51,973 --> 00:35:54,320 The law doesn't require that. Which law's that, the Fourth Amendment... 596 00:35:54,378 --> 00:35:57,454 or something the F.B.I. borrowed from the K.G.B.? 597 00:35:57,519 --> 00:36:00,197 - Your Honor, objection. - Ms. Melnick, please. 598 00:36:00,259 --> 00:36:02,799 Which law, Agent Atkinson? 599 00:36:02,864 --> 00:36:07,683 FISA-- The Foreign Intelligence Surveillance Act. 600 00:36:07,743 --> 00:36:12,322 Is Peter Rubin a foreign agent or just some poor schmuck who runs a mom-and-pop electronics store in Queens? 601 00:36:12,387 --> 00:36:14,996 Okay that's enough. 602 00:36:22,944 --> 00:36:25,484 When we got that water bill, 603 00:36:25,550 --> 00:36:29,401 it was like a death sentence for our business. 604 00:36:29,459 --> 00:36:32,272 We called Tabachnik. We called the D.E.P. 605 00:36:32,332 --> 00:36:35,750 Nobody talked to us, get our side of the story. 606 00:36:35,807 --> 00:36:39,224 Instead, the city slapped a lien on our store. 607 00:36:39,281 --> 00:36:43,234 And all of this over something Mr. Tabachnik now acknowledges was a clear mistake? 608 00:36:43,290 --> 00:36:46,742 That lien really screwed up our credit. 609 00:36:46,798 --> 00:36:49,510 Some suppliers pulled their business. 610 00:36:49,572 --> 00:36:54,652 To make ends meet, we had to stay open on Sunday. We shipped some stock overseas-- 611 00:36:54,716 --> 00:36:58,259 Are you talking about those deadly supercomputers you shipped to Algeria? 612 00:36:58,325 --> 00:37:02,278 We sent video game machines to a toy store. 613 00:37:02,334 --> 00:37:04,978 We weren't in a position to turn customers away. 614 00:37:05,041 --> 00:37:09,461 So your desperation drove you to break the law. Look. 615 00:37:09,517 --> 00:37:11,659 I started this business 50 years ago. 616 00:37:11,722 --> 00:37:14,730 It paid for the home my kids grew up in. 617 00:37:14,796 --> 00:37:17,610 It put them through college. They were trying to take it away. 618 00:37:17,669 --> 00:37:22,921 Right. I want to turn your attention now, Mr. Rubin, to the day your son was arrested 619 00:37:22,981 --> 00:37:26,228 - Objection. Sidebar, Your Honor? - Approach the bench. 620 00:37:28,227 --> 00:37:30,870 The circumstances of the defendant's arrest have no relevance here. 621 00:37:30,933 --> 00:37:33,576 It goes to the pattern of the government's conduct, Your Honor. 622 00:37:33,639 --> 00:37:37,820 Which is a legal question. What counsel is obviously fishing for is jury nullification 623 00:37:37,882 --> 00:37:41,095 which is not a defense in any court. Your Honor, I can offer evidence 624 00:37:41,156 --> 00:37:43,970 as to the defendant's state of mind. 625 00:37:44,029 --> 00:37:46,912 You have a point, Mr. McCoy. But in this case, Ms. Melnick, 626 00:37:46,970 --> 00:37:49,317 I'm going to give you some latitude. 627 00:37:49,375 --> 00:37:52,758 Don't abuse it. Step back. 628 00:37:55,088 --> 00:37:59,804 Mr. Rubin, I was asking you about your son's arrest. 629 00:37:59,865 --> 00:38:01,814 It was a nightmare. 630 00:38:01,870 --> 00:38:06,086 The police pushed their way through the door, scared my grandchildren half to death. 631 00:38:06,147 --> 00:38:08,528 And then they started to tear the place apart. 632 00:38:08,586 --> 00:38:12,767 If they wanted to arrest my son, he would have turned himself in. 633 00:38:12,828 --> 00:38:14,936 We could've sent the children to his mother-in-law's. 634 00:38:15,000 --> 00:38:17,917 Why did they have to do it like that? 635 00:38:17,974 --> 00:38:21,950 And when did you learn of the F.B.I.'s search of your son's home? 636 00:38:22,016 --> 00:38:23,999 The one done in secret? 637 00:38:24,055 --> 00:38:27,131 When that agent testified. 638 00:38:27,195 --> 00:38:31,616 First', they ruin our business; then they sneak into my son's home, 639 00:38:31,672 --> 00:38:33,881 they seize his belongings! Objection! 640 00:38:33,944 --> 00:38:35,892 This is America! 641 00:38:37,252 --> 00:38:39,200 Don't tell me this is right. 642 00:38:39,256 --> 00:38:41,740 - Your Honor! - Nothing further. 643 00:38:46,540 --> 00:38:49,183 Your son was angry... 644 00:38:49,245 --> 00:38:53,427 about the water bill and the lien on your business. Of course, he was. 645 00:38:53,489 --> 00:38:56,531 So angry he was capable of killing the man he held responsible. 646 00:38:56,596 --> 00:38:59,341 You're putting words in my mouth. Mr. Rubin, 647 00:38:59,402 --> 00:39:02,216 the gun was found with his fingerprints- the murder weapon. 648 00:39:02,275 --> 00:39:04,417 If you believe what the police say. 649 00:39:04,480 --> 00:39:08,297 How do you know they're not making it up-- manufacturing evidence? 650 00:39:08,356 --> 00:39:10,430 They can do whatever they want now. 651 00:39:10,494 --> 00:39:13,672 You think this can never happen here. 652 00:39:13,735 --> 00:39:16,218 I know better. I've seen it. 653 00:39:16,274 --> 00:39:20,524 And I suppose Mr. Tabachnik was lying when he pointed at your son in the courtroom here? 654 00:39:20,584 --> 00:39:23,967 How deep does this conspiracy go, Mr. Rubin? 655 00:39:29,672 --> 00:39:33,819 The People of the State of New York versus Peter Rubin. 656 00:39:33,881 --> 00:39:37,857 The prosecutors aren't the people. You are. 657 00:39:37,923 --> 00:39:40,167 You are the people. 658 00:39:40,229 --> 00:39:45,048 You speak for all of us, and not only on guilt or innocence 659 00:39:45,107 --> 00:39:47,590 but on the government's conduct in this case. 660 00:39:49,350 --> 00:39:54,328 How fitting that the incident in question should take place at city hail, 661 00:39:54,395 --> 00:39:56,343 because evidence here shows... 662 00:39:56,399 --> 00:40:00,649 how the government systematically victimized Peter Rubin. 663 00:40:00,709 --> 00:40:05,129 How it took his business, his livelihood, even his privacy. 664 00:40:05,186 --> 00:40:09,607 The government that was supposed to protect him, tormented him instead. 665 00:40:09,663 --> 00:40:15,553 And Peter Rubin and his family were the third victim in this case. 666 00:40:15,610 --> 00:40:20,622 Now, we're all terribly sorry about what happened to Councilman Johnson, 667 00:40:20,689 --> 00:40:25,440 but nothing you do today can bring him back. 668 00:40:25,500 --> 00:40:29,476 You can do something about how the government treated Peter Rubin. 669 00:40:29,542 --> 00:40:34,293 Or next time, the home they enter in the dead of night... 670 00:40:34,353 --> 00:40:37,361 could be yours. 671 00:40:47,182 --> 00:40:50,463 The government's conduct has nothing to do with this case. 672 00:40:53,497 --> 00:40:56,277 Peter Rubin took a gun to city hall... 673 00:40:56,337 --> 00:40:59,948 and shot two people, one of them fatally. 674 00:41:00,011 --> 00:41:02,757 How ironic that he should murder a lawmaker... 675 00:41:02,818 --> 00:41:06,269 and now implore you to ignore the law. 676 00:41:06,327 --> 00:41:10,074 While his story might be sympathetic, 677 00:41:10,134 --> 00:41:13,677 the actions that he took are reprehensible. 678 00:41:16,450 --> 00:41:19,332 As the judge will instruct you, 679 00:41:19,389 --> 00:41:23,537 the Rubins knowingly violated federal law. 680 00:41:25,370 --> 00:41:30,018 The search of Peter Rubin's home by federal agents... 681 00:41:30,080 --> 00:41:33,532 was legal and beyond reproach. 682 00:41:33,589 --> 00:41:35,628 And the law that permitted it... 683 00:41:35,693 --> 00:41:39,202 was not applied randomly or capriciously. 684 00:41:41,540 --> 00:41:45,892 You may not like the law, 685 00:41:48,389 --> 00:41:50,872 but no one in this room... 686 00:41:50,928 --> 00:41:55,884 has the authority to pass judgment on it in this forum. 687 00:41:55,940 --> 00:41:59,084 When we disagree with the laws, 688 00:41:59,147 --> 00:42:03,259 we take it up with the people who write them. 689 00:42:03,323 --> 00:42:08,803 We speak out... with our pens, our voices, our votes. 690 00:42:08,869 --> 00:42:10,818 Not with guns! 691 00:42:11,809 --> 00:42:14,885 We don't settle grievances... 692 00:42:14,950 --> 00:42:17,491 or perceived injustices... 693 00:42:17,556 --> 00:42:19,538 with violence. 694 00:42:24,539 --> 00:42:28,686 Has the jury reached a verdict? We have, Your Honor. 695 00:42:28,748 --> 00:42:33,100 On the counts of murder and attempted murder in the second degree, 696 00:42:33,159 --> 00:42:35,266 how do you find? 697 00:42:35,330 --> 00:42:37,779 We find the defendant, Peter Rubin, guilty. 698 00:42:54,307 --> 00:42:57,019 Verdict in the Rubin case? Guilty on all counts. 699 00:42:57,080 --> 00:42:59,062 The jury was only out 35 minutes. 700 00:42:59,117 --> 00:43:02,467 What in the world would you expect? A smoking gun and an eyewitness-- 701 00:43:02,526 --> 00:43:05,066 He got convicted for the same reason they always do. 702 00:43:05,131 --> 00:43:07,080 He pulled the trigger.