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NARRATOR:
In the criminal justice system
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the people are represented by two
separate yet equally important groups,
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00:00:12,079 --> 00:00:13,843
the police
who investigate crime
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and the district attorneys
who prosecute the offenders.
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These are their stories.
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Oh, my God! (CRYING)
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No! No!
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Greg Emerson, 50.
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Venture capitalist,
owns his own firm.
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FONTANA: Business
must have been good.
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Any idea on how the
killer got in or out?
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There's no sign
of forced entry.
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He could've gone
out the front.
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The dead bolt was off and the
door locks from behind you.
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Is there an
alarm system?
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Housekeeper said it was off
when she came in this morning.
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Was there anybody
else in the house?
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Mrs. Emerson is away for the weekend.
We're trying to reach her.
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We're still waiting
on the M.E.
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Not that we need anybody to
tell us how this guy died.
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We're homicide detectives. We don't
assume anything, and neither should you.
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There's a safe in the
closet and it's open.
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There's not much left.
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Some bonds,
a little jewelry.
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Well, maybe Mrs. Emerson
can tell us what was in there.
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Hey.
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The bed is stripped
and the sheets are missing.
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ED: So, what are
you thinking?
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Maybe he carried away bloody
evidence in the sheets.
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Along with what
was in that safe.
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Well, why leave
the weapon?
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Panic?
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We should talk to the housekeeper.
See what she has to say.
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Empty safe, rich victim.
It's a burglary, right?
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What did I tell you
about assuming?
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ED: So, is the alarm usually
off when you come in for work?
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Mr. Emerson gets up early.
He turns it off.
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Unless he's away.
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So you know the code?
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It's like a PIN number,
you know? I have my own.
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FONTANA: Does anyone
else have one?
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Besides Mr. and
Mrs. Emerson? No.
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When was the last time
you saw Mr. Emerson?
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Yesterday morning. Sunday
is my night off. I go home.
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And was the bed made
in the master bedroom?
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Yeah, I made it
before I left.
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And how about
that safe upstairs?
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Do you have any idea at
all what they kept in it?
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No, sorry. No idea.
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Did you notice
anything else missing?
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Jewelry, money,
art, silver, anything?
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(SIGHS) No. I took
a look around,
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but I didn't
see anything.
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When did
Mrs. Emerson leave?
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Uh, Saturday morning.
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You know where
she was going?
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I told the officer.
Massachusetts.
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The Golden Gate.
It's a spa.
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She should be back
this afternoon.
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We noticed there was an
art studio upstairs?
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She's a painter.
They converted the nursery.
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No. ED: They don't
have any kids?
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Did they have a
good marriage, Luisa?
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I never saw them fight.
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I hardly ever drove the two
of them at the same time.
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Different interests,
different schedules.
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She's a lot younger
than he is.
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Was.
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How much younger?
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Like, 20 years?
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So, that's what I'm saying.
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A lot of nights he'd stay in, I'd drive
her to some concert or some opening.
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FONTANA: Alone? Sometimes.
Sometimes with friends.
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Any special friend?
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What do you mean? You
know what he means.
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Did either one
of them have
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a little "something, something"
going on, on the side?
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Older husband,
younger wife.
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Honest! I never got a whiff
of that, from either one.
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Hey, so where
were you yesterday?
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My big day off.
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I was home all day.
I was vegging on the NFL.
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FONTANA: Do you have a
key to the house? No.
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No access to the alarm?
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The only thing I know about the alarm
is they just put a new one in.
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Supposed to be
state of the art.
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Why did they put
a new one in?
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They just did
a major renovation.
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Redid the whole place,
top to bottom.
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We know from the records that the system
was turned on last night at 10:00.
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Turned off
at 11:28.
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We know by who?
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We should. With the
individual PIN codes,
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there's a record of whoever
turns the system on and off.
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Plus, when it's working, 24-hour digital
surveillance of all the entrances.
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Beautiful.
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Huh, look at this.
The hard drive is missing.
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What do you mean,
it's missing?
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Well, someone removed it, and without
it, the system is inoperable.
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How difficult would it be
to take the hard drive out?
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This is a high-end,
sophisticated setup.
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Well, who would know
where the alarm is?
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How to take the
hard drive out?
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Besides Mr.
and Mrs. Emerson?
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Me.
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And the people who
helped install it.
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I'll give you the name
of the general contractor.
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TREMONT: I can't believe
this news about Mr. Emerson.
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He was a really nice guy.
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Hey, uh, Jimmy?
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When you get a second,
can you take this drywall
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and bring it over by the front
windows, please? Thanks.
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So, uh, let's see. It
was, uh, me and my peeps.
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Two guys, plus the dude
from Renfield Security
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to bring it online
once we put it in.
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That was a job,
wiring that house.
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Well, we need the names of the guys
on your crew that put the alarm in.
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Oh, no problem.
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Were you the contractor
for the whole renovation?
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Oh, yeah.
Start to finish.
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We're gonna need a list of
everybody that worked for you,
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even if it was
for a day.
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Oh, yeah.
That'll take some time.
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Hey, uh, Mikey, these are
for the new windows.
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Thanks. Uh,
it was a big job.
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16 months,
almost 100 guys.
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You must have had access to the
house while they were away.
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Well, there was a temp PIN
in case we needed to get in.
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Once we were done, they canceled it.
Took us off the system.
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And how easy is it to
tamper with that system?
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Not hard. Main box is right where you'd expect
it to be, in a closet by the front door.
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Let's say you wanted to
take the hard drive out.
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Well, you'd pop it open,
disconnect the drive.
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Probably take you five minutes
if you know what you're doing.
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And wouldn't that set off an
alarm signal somewhere else?
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As long as the system
is not armed, no.
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So you have to turn the system
off to take the hard drive out?
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TREMONT: Right.
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And for that,
you need a PIN code.
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Correct.
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Okay. Thanks, bro.
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So, what do we have here?
A robbery gone bad,
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or a homicide made
to look like a robbery?
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We don't know yet.
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The contractor gave us a list of
everybody working on the renovation,
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so now we're doing
background checks.
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We also have a call in to the
Manhattan Robbery Squad.
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See if this fits into any crime
patterns that they might be working on.
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What about the wife?
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The spa confirmed that
she was there all weekend,
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but she's on her way
back to the city now.
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We're supposed to talk
to her this evening.
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All right. In the meantime, why don't
you go have a talk with the M.E.
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No surprise.
Blunt-force trauma.
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CSU find any prints onthexueapon?
None.
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Do you have
a time of death?
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Oh, say between 11:00 or so Sunday
night and 12:30, 1:00 Monday morning.
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Well, that fits the
timeline on the alarm.
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The company said it was turned
off Sunday evening at 11:30.
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Hmm. He was struck several
times from behind.
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He was probably standing when
he suffered the first blow.
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I'd say the killer was left-handed,
male, and at least six feet tall.
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Any signs
of a struggle?
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No. The first blow alone was
enough to knock him unconscious.
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But the killer
kept hitting him.
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Several more times. Probably
when he was lying on the floor.
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Burglars don't
usually do that.
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The good ones? You never
knew they were there.
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00:08:05,618 --> 00:08:07,245
Somebody didn't
like this dude.
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00:08:09,489 --> 00:08:13,357
There's nearly $200,000 missing from the
bedroom safe and most of my jewelry.
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$200,000 cash? Didn't
your husband trust banks?
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00:08:17,230 --> 00:08:20,530
Well, Greg didn't feel secure unless
he had a lot of cash on hand.
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Especially after 9/11.
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He would say, "What if there
is a terrorist attack
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"and the worldwide
banking system fails?"
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And I'd say, "Honestly,
darling, what if?"
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Your jewelry.
What was it worth?
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Several million,
give or take.
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Who else knew
about the safe?
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Just me and Greg.
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(SIGHS) Poor Greg.
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What a horrible thing
to have happen.
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VAN BUREN: All preliminary
background checks
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on the guys that installed the security
system came back pretty clean.
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A few DWIs, misdemeanors,
except Kenny Tremont.
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I knew it, the contractor.
What's he got?
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00:09:00,940 --> 00:09:03,034
Assault,
credit card fraud.
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00:09:03,109 --> 00:09:05,908
I assume she benefits financially
from her husband's death.
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00:09:06,012 --> 00:09:08,242
We're assuming the same thing, but
we've got to run down the details.
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00:09:08,314 --> 00:09:11,750
She couldn't have been more distraught if
her neighbor's goldfish went belly-up.
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00:09:11,885 --> 00:09:14,081
So if Mrs. Emerson
is involved in this,
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00:09:14,154 --> 00:09:16,145
she hired it done,
or had an accomplice.
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00:09:16,222 --> 00:09:18,418
Someone who knew how to
beat that security system.
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00:09:18,558 --> 00:09:19,923
I'm betting Kenny Tremont.
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00:09:19,993 --> 00:09:22,223
All right. Talk to the housekeeper
and the driver again.
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00:09:22,295 --> 00:09:24,923
See if they know something
they don't know they know.
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ED: Housekeeper told us that Kenny Tremont
has been around a lot in the last few weeks,
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00:09:29,669 --> 00:09:31,137
even though most of the
work was already done.
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00:09:31,204 --> 00:09:33,798
Sorry, I never drove Mr.
Tremont and Mrs. Emerson.
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00:09:34,007 --> 00:09:35,270
FONTANA: You never
seen them together?
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00:09:35,408 --> 00:09:37,809
Sure. Talking about
the renovation.
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00:09:38,311 --> 00:09:42,509
Usually, she was chewing him out over
one thing or another she didn't like.
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00:09:42,582 --> 00:09:43,640
Hey, wait,
she got a temper?
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00:09:43,716 --> 00:09:47,584
Oh, yeah. One time she burned all of Mr.
Emerson's suits
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00:09:47,921 --> 00:09:50,322
and threw his desk out
an upstairs window.
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00:09:50,490 --> 00:09:51,821
That kind of thing
happen a lot?
207
00:09:51,891 --> 00:09:53,290
She has a short fuse.
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00:09:53,593 --> 00:09:55,561
Hey, so when you drive her,
where do you normally go?
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00:09:56,096 --> 00:09:57,086
Shopping, mostly.
210
00:09:58,031 --> 00:09:59,590
And, what, you just
sit around and wait?
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00:09:59,699 --> 00:10:01,793
Usually, I drop her
off and come back.
212
00:10:01,868 --> 00:10:05,168
The woman is aworld-class shopper.
She can shop for hours.
213
00:10:05,772 --> 00:10:08,139
She have any, uh,
favorite destination lately?
214
00:10:08,675 --> 00:10:11,007
Well, there's this
one place on Madison.
215
00:10:12,912 --> 00:10:15,176
All these shoes. Shoes
are like crack to women.
216
00:10:15,315 --> 00:10:17,010
Hey, with me,
it's shirts and ties.
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00:10:17,717 --> 00:10:19,151
Gentlemen.
Can I help you?
218
00:10:19,219 --> 00:10:21,551
Yes, I'm Detective Fontana,
this is Detective Green.
219
00:10:21,754 --> 00:10:23,188
New York City
Police Department.
220
00:10:23,256 --> 00:10:25,918
Yeah, we need to ask you about one
of your customers, Marley Emerson?
221
00:10:25,992 --> 00:10:28,859
Oh, such a shame what
happened to her husband.
222
00:10:28,928 --> 00:10:30,919
You don't expect that kind of
thing in this neighborhood.
223
00:10:31,030 --> 00:10:32,691
Yeah. When was the last
time she was in here?
224
00:10:32,999 --> 00:10:35,491
Let's see, she was just in.
It was probably last week.
225
00:10:35,568 --> 00:10:38,697
No, I think it was two
or three months ago now.
226
00:10:39,405 --> 00:10:42,375
Let me check my records. If
you'll excuse me, just a minute?
227
00:10:42,675 --> 00:10:44,006
Two or three months ago?
228
00:10:44,644 --> 00:10:46,305
If she wasn't buying shoes,
what was she doing?
229
00:10:46,713 --> 00:10:49,341
She's a rich woman. She could do
whatever the hell she wants to do.
230
00:10:49,415 --> 00:10:53,318
No. it was longer than that, in fact.
Closer to six months.
231
00:10:53,653 --> 00:10:55,519
Okay. Thank you.
Although...
232
00:10:55,588 --> 00:10:58,319
She did just have something
delivered two weeks ago.
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00:10:59,025 --> 00:11:00,754
A pair of alligator pumps.
234
00:11:00,994 --> 00:11:02,325
Delivered to her home?
235
00:11:02,395 --> 00:11:05,626
Uh, no.
To the Hotel Daniel.
236
00:11:07,066 --> 00:11:09,330
Just across the street
and down the block.
237
00:11:15,241 --> 00:11:18,211
I'd hate to violate the
privacy of one of our guests.
238
00:11:18,278 --> 00:11:20,144
Oh, no, it's okay.
We're authorized.
239
00:11:21,681 --> 00:11:25,049
Several afternoons a week
for the last year and a half.
240
00:11:25,118 --> 00:11:27,382
They order room service,
a bottle of wine.
241
00:11:27,720 --> 00:11:30,451
Yeah, that's the gentleman.
I don't know his name.
242
00:11:30,557 --> 00:11:33,424
Who pays?
She does. Cash.
243
00:11:33,493 --> 00:11:34,790
That's nice work,
if you can get it.
244
00:11:34,861 --> 00:11:36,886
Can you give us a
printout of the charges?
245
00:11:37,530 --> 00:11:41,194
Detectives, are you threatening me
with a subpoena if I don't comply?
246
00:11:42,202 --> 00:11:43,761
Why, yes, ma'am,
we certainly are.
247
00:11:43,836 --> 00:11:46,100
In that case,
and under duress...
248
00:11:46,172 --> 00:11:48,197
FONTANA: Your objection
is duly noted.
249
00:11:49,576 --> 00:11:50,907
This may take a while.
250
00:11:51,544 --> 00:11:54,411
Mrs. Emerson's charges
are quite extensive,
251
00:11:54,480 --> 00:11:56,175
several hundred thousand
dollars worth.
252
00:11:56,249 --> 00:11:57,580
That's a hell of
a lot of room service.
253
00:11:57,717 --> 00:11:59,207
I sure hope
he was worth it.
254
00:12:02,088 --> 00:12:05,547
The people we talked to said
that she was a struggling artist
255
00:12:05,692 --> 00:12:07,717
when she met Greg Emerson.
She married up?
256
00:12:07,827 --> 00:12:11,525
Well, yeah, way up! The dude's a
billionaire, and she's from Cincinnati.
257
00:12:11,598 --> 00:12:12,997
Her father worked in
an art museum there.
258
00:12:13,132 --> 00:12:15,999
Well, when did she start having
this affair with the contractor?
259
00:12:16,069 --> 00:12:17,901
According to the hotel
records, three weeks after
260
00:12:17,971 --> 00:12:19,700
they started the renovation
on the townhouse.
261
00:12:19,806 --> 00:12:20,898
And no one knew?
262
00:12:20,974 --> 00:12:22,999
Apparently, they were pretty
discreet about the whole thing.
263
00:12:23,209 --> 00:12:25,769
All right, look into his alibi
for the night of the murder,
264
00:12:25,845 --> 00:12:27,438
and talk with some
of her girlfriends.
265
00:12:27,513 --> 00:12:30,813
If she was having an affair,
I bet one of them knew.
266
00:12:32,485 --> 00:12:34,954
You forgot to mention that you
were sleeping with Mrs. Emerson,
267
00:12:35,021 --> 00:12:36,489
and that you have
a criminal record,
268
00:12:36,556 --> 00:12:38,046
and you knew how
to take out that alarm.
269
00:12:38,124 --> 00:12:39,421
You can't prove I had
anything to do with it.
270
00:12:39,492 --> 00:12:42,484
Oh, we're halfway there, bro. We
have motive, we have opportunity.
271
00:12:42,562 --> 00:12:44,257
So, let's hear your alibi
for Sunday night.
272
00:12:46,099 --> 00:12:48,124
I grabbed a bite with my
girlfriend and went to a movie.
273
00:12:48,201 --> 00:12:49,532
The Sunshine,
down on Houston.
274
00:12:49,602 --> 00:12:51,036
This French flick.
I still got the ticket stubs.
275
00:12:51,204 --> 00:12:52,603
Yeah, yeah. How about
after the movie?
276
00:12:52,672 --> 00:12:54,800
After the movie, we, uh,
walked down to Little Italy,
277
00:12:54,874 --> 00:12:56,569
grabbed some cannolis
and caps at Ferrara's,
278
00:12:56,643 --> 00:12:57,838
and then walked
back to her place.
279
00:12:57,910 --> 00:12:59,742
And you were with her all night?
All night.
280
00:12:59,812 --> 00:13:01,871
Okay. So now we need your
girlfriend's name and number.
281
00:13:01,948 --> 00:13:03,882
Fine. Linda Ziman.
282
00:13:04,984 --> 00:13:07,817
Lives down on Ludlow Street.
And she'll vouch.
283
00:13:08,254 --> 00:13:09,619
I'm sure she will.
284
00:13:10,857 --> 00:13:12,382
Hey, look, guys,
I didn't do it.
285
00:13:12,458 --> 00:13:14,017
So you can't
prove that I did.
286
00:13:16,296 --> 00:13:18,287
LINDA: We got some
dessert in Little Italy.
287
00:13:18,364 --> 00:13:19,525
ED: Where?
288
00:13:19,599 --> 00:13:21,931
That big place
on Hester Street?
289
00:13:22,001 --> 00:13:23,696
I can't remember the name.
290
00:13:23,770 --> 00:13:25,738
Ferrari's?
Ferrara's.
291
00:13:25,805 --> 00:13:27,432
That's it.
Uh, Kenny told us
292
00:13:27,507 --> 00:13:30,204
that the two of you ran into a
friend of his at Ferrara's.
293
00:13:30,276 --> 00:13:32,108
Did you happen
to remember his name?
294
00:13:32,879 --> 00:13:34,506
Oh, right, right.
295
00:13:34,580 --> 00:13:37,606
Um, it was a friend of his from work.
I can't remember his name.
296
00:13:38,418 --> 00:13:40,682
Did he ever talk to you
about the Emersons?
297
00:13:40,753 --> 00:13:43,120
He said they were nice. Nice
enough, for rich people.
298
00:13:43,222 --> 00:13:45,247
Yeah, he spent a lot
of time over there.
299
00:13:46,092 --> 00:13:47,992
Well, it was a big job.
300
00:13:48,561 --> 00:13:50,620
He spent a lot of time
with Mrs. Emerson.
301
00:13:51,764 --> 00:13:53,129
She was in charge.
302
00:13:53,499 --> 00:13:56,196
You should ask your boyfriend
about the Hotel Daniel.
303
00:13:56,436 --> 00:13:57,767
Hotel Daniel?
304
00:13:57,837 --> 00:14:00,636
Yeah, him and Mrs. Emerson
had a lot of meetings there.
305
00:14:00,707 --> 00:14:02,436
Middle of the
afternoon meetings.
306
00:14:02,675 --> 00:14:05,337
Look, if you change your story,
give us a call, all right?
307
00:14:06,012 --> 00:14:07,343
Thank you.
308
00:14:13,319 --> 00:14:15,549
JULIA: I've known Marley since
she first came to New York.
309
00:14:15,621 --> 00:14:17,419
We were both waiting tables
in the East Village.
310
00:14:17,790 --> 00:14:20,418
Greg used to come downtown,
mingle with the Bohemians.
311
00:14:20,526 --> 00:14:22,324
(LAUGHS) They, uh,
hit it off.
312
00:14:22,762 --> 00:14:24,491
You were together
all weekend?
313
00:14:24,564 --> 00:14:27,329
We used to go to the Golden
Gate two, three times a year.
314
00:14:27,667 --> 00:14:28,964
I know it well.
315
00:14:29,135 --> 00:14:31,103
It has the best wraps
and peels on the East Coast.
316
00:14:32,205 --> 00:14:33,536
She ever talk about
her husband?
317
00:14:33,773 --> 00:14:36,174
Uh, they had their ups and
downs, like any married couple.
318
00:14:37,310 --> 00:14:39,244
Did you know she
was having an affair?
319
00:14:39,412 --> 00:14:41,380
Um...
With Kenny Tremont?
320
00:14:42,982 --> 00:14:44,381
Oh, God.
321
00:14:50,189 --> 00:14:51,657
She swore me to secrecy.
322
00:14:52,158 --> 00:14:54,092
Um, but if
you already know...
323
00:14:54,160 --> 00:14:55,423
What did she tell you?
324
00:14:56,095 --> 00:14:57,790
She'd been seeing
him for a while,
325
00:14:57,864 --> 00:15:00,333
and that the sex
was to die for.
326
00:15:00,533 --> 00:15:01,898
She ever talk about
leaving her husband?
327
00:15:02,001 --> 00:15:03,332
Oh, she wouldn't
have done that.
328
00:15:03,403 --> 00:15:06,031
She liked being
Mrs. Greg Emerson too much.
329
00:15:06,105 --> 00:15:08,733
Really? Well, that's not
the information we got.
330
00:15:08,808 --> 00:15:10,572
She may not have
liked Greg that much,
331
00:15:10,643 --> 00:15:12,805
but she never would
have divorced him.
332
00:15:12,879 --> 00:15:15,780
She would have lost her place.
In the art world.
333
00:15:15,848 --> 00:15:17,782
Mr. Emerson know
about the affair?
334
00:15:17,850 --> 00:15:20,512
She said no. But she
didn't care if he did.
335
00:15:20,586 --> 00:15:22,111
He was having
one of his own.
336
00:15:23,956 --> 00:15:26,288
I thought you were investigating
the possibility of a burglar.
337
00:15:26,426 --> 00:15:27,916
Well, we are.
But now that we know
338
00:15:27,994 --> 00:15:30,258
that you and Kenny Tremont
are having an affair...
339
00:15:30,329 --> 00:15:34,425
We like Kenny as the burglar, and
we think that you gave him a key
340
00:15:34,500 --> 00:15:35,695
and a code to the alarm.
341
00:15:35,768 --> 00:15:37,793
That is ridiculous.
Is it?
342
00:15:37,870 --> 00:15:38,962
He knows the system.
343
00:15:39,038 --> 00:15:41,530
He knows the hard drive
needs to be taken care of.
344
00:15:41,874 --> 00:15:44,366
Kenny was with his
girlfriend that night.
345
00:15:45,344 --> 00:15:46,971
How would you know
something like that?
346
00:15:47,113 --> 00:15:49,810
Because he called to say
how sorry he was about Greg.
347
00:15:49,882 --> 00:15:51,350
It came up in
the conversation.
348
00:15:51,417 --> 00:15:53,545
How's that sit with you?
Him having a girlfriend?
349
00:15:53,853 --> 00:15:56,220
Well, I was hardly in
a position to complain.
350
00:15:57,657 --> 00:16:01,525
Look, Kenny is, um, fun.
351
00:16:02,495 --> 00:16:04,259
He's my boy toy.
352
00:16:04,330 --> 00:16:05,991
And my husband didn't
really like to have sex.
353
00:16:06,065 --> 00:16:07,499
At least not
with me. So...
354
00:16:07,567 --> 00:16:09,831
Wait, we hear that he was
having an affair, too.
355
00:16:11,003 --> 00:16:12,664
Who have you
been talking to?
356
00:16:13,172 --> 00:16:15,869
Look, give us a name.
We need to check it out.
357
00:16:15,942 --> 00:16:18,968
I would love to, but I have no
idea what their names were.
358
00:16:19,545 --> 00:16:21,843
And I doubt he did either,
most of the time.
359
00:16:24,851 --> 00:16:26,876
She say he was
into rough trade?
360
00:16:26,953 --> 00:16:28,580
According to her,
he'd pick up guys
361
00:16:28,654 --> 00:16:30,088
and bring them home
when she wasn't there.
362
00:16:30,156 --> 00:16:32,181
And when she was? We're
looking into his financials
363
00:16:32,258 --> 00:16:34,022
and his phone records
to see if anything pops,
364
00:16:34,093 --> 00:16:35,583
like maybe a hotel
or an apartment
365
00:16:35,695 --> 00:16:37,823
that she didn't know about.
But so far, nothing has.
366
00:16:37,897 --> 00:16:40,628
And you talked to her
housekeeper and the driver?
367
00:16:40,700 --> 00:16:43,362
Yeah. Both of them swear that they
never saw him pick anybody up
368
00:16:43,436 --> 00:16:45,370
or bring anybody home,
male or female.
369
00:16:45,438 --> 00:16:48,430
Detective? Latent's done running
the prints from the townhouse.
370
00:16:51,377 --> 00:16:53,675
Uh, Mr. Tremont's
prints are everywhere.
371
00:16:53,746 --> 00:16:56,147
Yeah, well, he's been working on the
house for the last year and a half.
372
00:16:56,215 --> 00:16:59,082
But there's a very clear print on
the security system alarm pad.
373
00:16:59,151 --> 00:17:01,119
ED: Well, he put the system
in and he's got a PIN code.
374
00:17:01,187 --> 00:17:02,348
And you can't
date fingerprints.
375
00:17:02,421 --> 00:17:03,718
But it's on the
deactivate button.
376
00:17:03,789 --> 00:17:06,724
It should have been obliterated
from subsequent use by now.
377
00:17:07,627 --> 00:17:10,460
Unless he was the last
one to turn it off.
378
00:17:10,563 --> 00:17:11,928
Precisely.
379
00:17:11,998 --> 00:17:13,659
You rock, Beck.
Thank you, man.
380
00:17:13,733 --> 00:17:15,497
With his record, we might
be able to get a warrant.
381
00:17:15,568 --> 00:17:17,332
Well, let's get
a friendly judge.
382
00:17:17,403 --> 00:17:19,337
If we can't, I have an
old one in my locker.
383
00:17:19,405 --> 00:17:21,305
Not everybody
reads the fine print.
384
00:17:21,374 --> 00:17:22,500
(LAUGHS)
385
00:17:26,279 --> 00:17:28,077
(CHATTER ON POLICE RADIO)
386
00:17:28,848 --> 00:17:30,145
You guys gonna
put everything back?
387
00:17:31,884 --> 00:17:33,010
Nah, that's your problem.
388
00:17:33,085 --> 00:17:34,553
That doesn't seem fair.
389
00:17:34,620 --> 00:17:38,579
The Fourth Amendment protects you
against unlawful search and seizure.
390
00:17:38,658 --> 00:17:40,717
It doesn't say anything
about being neat.
391
00:17:40,793 --> 00:17:42,192
Hey, Detective.
392
00:17:53,272 --> 00:17:54,330
What's this?
393
00:17:54,473 --> 00:17:56,168
It looks like a
hard drive, Kenny.
394
00:17:58,077 --> 00:18:01,240
Why would an innocent man have
something like that squirreled away?
395
00:18:01,981 --> 00:18:03,312
It's for my laptop.
396
00:18:03,382 --> 00:18:04,645
Prove it.
397
00:18:08,487 --> 00:18:09,648
Well, what do
you say, Casanova?
398
00:18:09,722 --> 00:18:10,883
You wanna change
your story?
399
00:18:10,957 --> 00:18:13,187
The lab tells us that the
hard drive that we found
400
00:18:13,259 --> 00:18:15,057
was from Emerson's
security system.
401
00:18:15,561 --> 00:18:17,655
FONTANA: You know, the system
that you helped to install.
402
00:18:17,730 --> 00:18:19,323
ED: Your print was
on the alarm pad,
403
00:18:19,398 --> 00:18:21,924
which means you were the last
person to turn off the alarm.
404
00:18:23,669 --> 00:18:25,433
Now, let's see
what we've got here.
405
00:18:25,504 --> 00:18:27,632
We've got means,
motive, and opportunity.
406
00:18:27,707 --> 00:18:30,506
Certainly enough to send you away
for the rest of your stinking life.
407
00:18:30,576 --> 00:18:33,637
Okay. Okay, look. She
asked me to take it out.
408
00:18:34,246 --> 00:18:35,407
The hard drive.
409
00:18:36,182 --> 00:18:37,206
Mrs. Emerson?
Yeah.
410
00:18:38,117 --> 00:18:40,882
Yeah, she was nervous. Her husband
was away on business a lot,
411
00:18:40,953 --> 00:18:42,216
she said it wasn't
working right,
412
00:18:42,288 --> 00:18:43,551
she asked me
to take a look at it.
413
00:18:43,623 --> 00:18:44,886
That's why my print's
on the pad.
414
00:18:45,057 --> 00:18:48,925
(LAUGHS) Come on, Kenny.
You can do better than that!
415
00:18:48,995 --> 00:18:51,555
It's true, okay?
I came by Saturday morning,
416
00:18:51,631 --> 00:18:53,099
before she left
for Massachusetts.
417
00:18:53,165 --> 00:18:56,294
Now, we know that's not true because the
alarm was still on, on Sunday night.
418
00:18:56,369 --> 00:18:58,667
Mr. Emerson turned on
that alarm at 10:00,
419
00:18:58,738 --> 00:19:01,764
and you turned it off an hour and a
half later, just in time to kill him.
420
00:19:01,974 --> 00:19:04,671
(KNOCK ON DOOR) Now, if you
wanna work on your story,
421
00:19:04,744 --> 00:19:08,305
start from scratch, we can forget about
all those lies you just been telling us.
422
00:19:09,281 --> 00:19:10,749
Hey, Joe.
423
00:19:10,816 --> 00:19:12,215
Think about it.
424
00:19:15,021 --> 00:19:16,147
What's up?
425
00:19:16,222 --> 00:19:18,919
Crime lab just called.
Hard drive's been erased.
426
00:19:21,761 --> 00:19:22,956
Did he admit anything?
427
00:19:23,029 --> 00:19:24,622
He admits the affair.
They both do.
428
00:19:24,697 --> 00:19:28,725
And his story about when and how he removed
the hard drive from the security system?
429
00:19:28,834 --> 00:19:32,361
She corroborates what he says, of
course, but it doesn't hold water.
430
00:19:32,438 --> 00:19:35,408
The monitoring company records
contradict everything they said.
431
00:19:35,474 --> 00:19:36,873
So she's involved, too?
432
00:19:36,942 --> 00:19:38,501
She'd have to be. How else
would he get in the house?
433
00:19:38,577 --> 00:19:42,036
And why would he do it, unless she was
gonna give him a piece of what she got
434
00:19:42,114 --> 00:19:43,775
when her husband
got eighty-sixed?
435
00:19:43,849 --> 00:19:46,113
Well, maybe he just
assumed she would.
436
00:19:46,185 --> 00:19:48,119
What are you saying? He just went
out and killed him on his own?
437
00:19:48,187 --> 00:19:49,746
Well, he makes it
look like a burglary,
438
00:19:49,822 --> 00:19:51,722
now she's a widow,
who does she turn to?
439
00:19:52,258 --> 00:19:53,419
Her boyfriend.
Yeah.
440
00:19:53,492 --> 00:19:54,482
So, can we arrest him?
441
00:19:54,593 --> 00:19:56,960
You should start playing
them against each other.
442
00:19:57,029 --> 00:19:59,020
Poke a little hole
in his alibi first.
443
00:19:59,098 --> 00:20:01,829
I'm willing to bet one of
them will sell out the other.
444
00:20:04,036 --> 00:20:08,337
He said he'd never been to the Daniel
Hotel, or whatever it's called.
445
00:20:08,407 --> 00:20:11,035
ED: Did you ask him about his
affair with Mrs. Emerson?
446
00:20:11,844 --> 00:20:15,712
He said there wasn't one.
Except employer-employee.
447
00:20:16,916 --> 00:20:20,011
Look, Linda, the reality
is they went to that hotel
448
00:20:20,086 --> 00:20:22,555
four times a week for
the last year and a half.
449
00:20:22,621 --> 00:20:25,056
We can show you copies
of the bills if you want.
450
00:20:26,158 --> 00:20:30,789
Here's the deal. Kenny is gonna be
arrested for the murder of Greg Emerson.
451
00:20:31,297 --> 00:20:33,026
No.
Oh, yes, he is.
452
00:20:33,099 --> 00:20:36,399
And when all the details come out
about his affair with Mrs. Emerson,
453
00:20:36,602 --> 00:20:38,400
your picture's gonna
be on the news, too.
454
00:20:38,671 --> 00:20:41,663
And you might have to give a
deposition, maybe even testify.
455
00:20:42,541 --> 00:20:45,033
And if you don't tell
the truth, that's perjury.
456
00:20:45,377 --> 00:20:47,505
And instead of
just Kenny going to jail,
457
00:20:49,281 --> 00:20:50,612
you go to jail, too.
458
00:20:51,817 --> 00:20:55,720
ED: So the real question is, do you
wanna go to jail for a punk like Kenny?
459
00:20:56,655 --> 00:20:59,989
I mean, he was cheating
on you with Mrs. Emerson.
460
00:21:00,659 --> 00:21:02,593
How many other women
you think he got?
461
00:21:09,869 --> 00:21:10,961
KENNY: Oh, no.
462
00:21:11,036 --> 00:21:13,528
Oh, yeah. You're under arrest for
the murder of Gregory Emerson.
463
00:21:13,606 --> 00:21:15,472
I didn't do it. That's not
what your girlfriend says.
464
00:21:15,541 --> 00:21:16,531
My girlfriend?
Yeah, you know.
465
00:21:16,609 --> 00:21:18,509
The one you were cheating
on with Mrs. Emerson.
466
00:21:18,577 --> 00:21:19,806
Yeah, we just came
back from talking to her.
467
00:21:19,879 --> 00:21:22,143
And guess what? She changed
her tune completely.
468
00:21:22,214 --> 00:21:24,012
She says you never
ate a cannoli that night.
469
00:21:24,116 --> 00:21:25,174
Bitch.
470
00:21:25,251 --> 00:21:26,650
You have the right
to remain silent.
471
00:21:26,719 --> 00:21:29,051
Anything you say can be used
against you in a court of law.
472
00:21:32,091 --> 00:21:35,823
"Docket 45732,
People v. Kenneth Tremont.
473
00:21:35,895 --> 00:21:38,159
"One count of murder
in the second degree."
474
00:21:38,230 --> 00:21:40,221
Mr. Solomon? Not
guilty, YourHonoL
475
00:21:40,299 --> 00:21:42,791
Ms. Southerlyn? The People
seek remand, Your Honor.
476
00:21:42,868 --> 00:21:44,802
Mr. Solomon,
your views on bail?
477
00:21:44,870 --> 00:21:46,736
Since this is not a murder
one charge, Your Honor,
478
00:21:46,806 --> 00:21:48,638
we believe reasonable
bail is in order.
479
00:21:48,707 --> 00:21:51,642
The defendant has a prior serious
criminal record, Your Honor.
480
00:21:51,710 --> 00:21:55,078
Two felony convictions. As
stated, the People oppose bail.
481
00:21:55,181 --> 00:21:57,411
Just entertain the
notion for a moment.
482
00:21:58,184 --> 00:22:00,209
I think a million dollars
seems reasonable.
483
00:22:00,286 --> 00:22:02,186
SOLOMON: Your Honor, Mr.
Tremont does not have access
484
00:22:02,254 --> 00:22:03,312
to those sorts of funds.
485
00:22:03,389 --> 00:22:07,189
He does by virtue of his relationship
with Mrs. Gregory Emerson.
486
00:22:07,259 --> 00:22:09,887
District Attorney's assertions
are unfounded, Your Honor.
487
00:22:09,962 --> 00:22:12,761
Nonetheless, bail is set at one million.
Cash or bond.
488
00:22:12,832 --> 00:22:14,095
You might as well remand him.
489
00:22:14,166 --> 00:22:15,725
If that's what you want.
490
00:22:16,869 --> 00:22:18,200
We will take the
bail, Your Honor.
491
00:22:19,772 --> 00:22:21,604
We know you didn't do
it alone, Mr. Tremont.
492
00:22:21,674 --> 00:22:24,006
He didn't do it at all, Jack.
That's right, I didn't.
493
00:22:24,076 --> 00:22:25,942
Let's talk about
Mrs. Emerson.
494
00:22:26,478 --> 00:22:28,173
She posted bail
for you, I see.
495
00:22:28,681 --> 00:22:30,149
SOLOMON: Speaking
of Mrs. Emerson,
496
00:22:30,216 --> 00:22:33,015
she's the one who benefits from her
husband's death, not my client.
497
00:22:33,085 --> 00:22:36,453
If she was involved, we're dying
to hear about it, Mr. Tremont.
498
00:22:36,522 --> 00:22:39,492
You really think that she'll be waiting
for you when all of this is over?
499
00:22:39,892 --> 00:22:43,089
I don't know who killed
Mr. Emerson. It wasn't me.
500
00:22:43,162 --> 00:22:46,723
Think about making a deal, Mr. Tremont.
This is a heavy charge.
501
00:22:47,233 --> 00:22:49,565
We can make it
a little lighter for you
502
00:22:49,635 --> 00:22:52,400
if you don't insist on carrying
all the weight yourself.
503
00:22:53,405 --> 00:22:55,066
Aaron.
Jack. Serena.
504
00:22:55,875 --> 00:22:57,502
You think he'll
hold the line?
505
00:22:57,576 --> 00:22:59,601
It takes two to keep
a secret like that.
506
00:23:04,383 --> 00:23:05,976
Allow us, my man.
507
00:23:08,187 --> 00:23:09,780
Detective.
Ma'am.
508
00:23:09,855 --> 00:23:12,017
The District Attorney
would like to see you.
509
00:23:12,091 --> 00:23:13,252
Am I under arrest?
510
00:23:13,325 --> 00:23:15,851
You have information regarding
the murder ofyourhusband.
511
00:23:15,928 --> 00:23:18,920
I don't have any information
regarding Greg's murder.
512
00:23:18,998 --> 00:23:21,968
You did lie to us about giving
your boyfriend that hard drive.
513
00:23:23,102 --> 00:23:26,333
Oh, I... (STAMMERS)
Kenny, it was his idea.
514
00:23:26,405 --> 00:23:29,033
You can save all that for
the prosecutors. You mind?
515
00:23:29,742 --> 00:23:31,710
You can call your
lawyer from the car.
516
00:23:35,748 --> 00:23:37,273
What are you offering,
Mr. McCoy?
517
00:23:37,349 --> 00:23:42,014
In exchange for her truthful testimony
against Mr. Tremont, hindering prosecution.
518
00:23:42,087 --> 00:23:43,885
She does
one-to-three years.
519
00:23:43,956 --> 00:23:45,151
Six months.
520
00:23:45,457 --> 00:23:48,188
LWlflfinkaboutH. h1anfinhnum
securfiyfacflfiy.
521
00:23:48,260 --> 00:23:49,989
That I'll agree to.
Bail?
522
00:23:50,296 --> 00:23:52,856
A million dollars. She
surrenders her passport.
523
00:23:53,666 --> 00:23:55,657
House arrest.
No house arrest.
524
00:23:55,734 --> 00:23:57,202
That's not negotiable.
525
00:24:04,777 --> 00:24:06,370
Kenny told me he did it.
526
00:24:09,281 --> 00:24:11,613
You made the right
choice, Mrs. Emerson.
527
00:24:11,684 --> 00:24:13,584
Did I?
Absolutely.
528
00:24:13,652 --> 00:24:15,142
I hope so.
529
00:24:16,655 --> 00:24:17,986
Kenny?
530
00:24:19,825 --> 00:24:21,315
Uh. Marley.
531
00:24:22,728 --> 00:24:23,923
How you doing?
532
00:24:26,165 --> 00:24:28,759
Mr. McCoy, Ms. Southerlyn.
SERENA: We'll be in touch.
533
00:24:32,638 --> 00:24:36,939
Mr. Tremont, Mr. Solomon. Thank you
for coming back on such short notice.
534
00:24:37,242 --> 00:24:38,437
What is she doing here?
535
00:24:38,510 --> 00:24:41,741
She just agreed to testify against
you before the Grand Jury.
536
00:24:41,814 --> 00:24:44,806
Really? I don't
think she'd do that.
537
00:24:44,883 --> 00:24:47,284
Haven't worked out all the
details yet, Mr. Tremont,
538
00:24:47,353 --> 00:24:51,051
but she's looking at somewhere
between six months and three years
539
00:24:51,123 --> 00:24:52,682
for hindering prosecution.
540
00:24:52,758 --> 00:24:55,227
And you're looking at
20-to-life for murder two.
541
00:24:56,895 --> 00:24:58,795
Doesn't seem equitable,
does it?
542
00:24:59,798 --> 00:25:02,233
Now's your chance to tell
us if she was involved.
543
00:25:07,039 --> 00:25:08,268
SOLOMON: Kenny?
544
00:25:12,444 --> 00:25:15,072
I don't care what she says.
I didn't do it.
545
00:25:15,147 --> 00:25:17,172
I don't know anything about
what happened that night.
546
00:25:22,588 --> 00:25:24,386
He told me that he
wanted us to be together.
547
00:25:24,456 --> 00:25:26,925
I had no idea he was
planning to kill Greg.
548
00:25:27,593 --> 00:25:29,891
You had no part in the
planning of this crime?
549
00:25:30,329 --> 00:25:31,922
No.
550
00:25:31,997 --> 00:25:33,590
How did he get
into the house?
551
00:25:34,199 --> 00:25:35,189
He had a key.
552
00:25:35,901 --> 00:25:38,666
He must have used my access
code to shut off the alarm.
553
00:25:38,837 --> 00:25:41,738
He said you met him
the day before the murder
554
00:25:41,807 --> 00:25:46,404
and asked him to take the hard drive
from the security system and repair it.
555
00:25:47,112 --> 00:25:52,380
That isn't true. He told me that he did
that Sunday night when he killed Greg.
556
00:25:52,451 --> 00:25:54,681
JACK: But when the
police asked about that,
557
00:25:54,753 --> 00:25:56,983
you confirmed
Mr. Tremont's story.
558
00:25:59,992 --> 00:26:01,255
I lied for him.
559
00:26:01,994 --> 00:26:04,486
If you had no part in it,
why didn't you come forward?
560
00:26:04,563 --> 00:26:06,588
Why conspire with him
afterward to cover it up?
561
00:26:10,502 --> 00:26:13,437
I was horrified
by what Kenny did,
562
00:26:14,973 --> 00:26:18,034
and I never had any intention of
anything like this happening.
563
00:26:19,178 --> 00:26:21,408
I wasn't even thinking
of divorcing Greg.
564
00:26:24,016 --> 00:26:25,643
But I loved Kenny.
565
00:26:28,053 --> 00:26:30,784
And what was
done was done.
566
00:26:32,357 --> 00:26:35,327
Going to the police wasn't
going to bring Greg back.
567
00:26:40,065 --> 00:26:42,033
You say you loved
Mr. Tremont?
568
00:26:42,301 --> 00:26:43,632
(CRYING)
569
00:26:43,869 --> 00:26:45,462
Yes. (slsl-ls)
570
00:26:46,171 --> 00:26:49,141
Tell us truthfully, Mrs. Emerson.
You're under oath.
571
00:26:50,275 --> 00:26:55,805
Did you love him enough to conspire
with him to kill your husband?
572
00:26:57,883 --> 00:26:59,282
He did that
all on his own.
573
00:27:09,027 --> 00:27:11,928
FONTANA: The defendant told us that Mrs.
Emerson had given him
574
00:27:11,997 --> 00:27:13,829
the hard drive on Saturday,
575
00:27:13,899 --> 00:27:16,834
the day before the murder,
for some repairs.
576
00:27:16,902 --> 00:27:18,597
Did you investigate
his story?
577
00:27:18,670 --> 00:27:21,640
We contacted the company that
monitors the alarm system,
578
00:27:22,274 --> 00:27:25,300
and they confirmed that
the system was activated
579
00:27:25,377 --> 00:27:28,108
and then deactivated
on Sunday night.
580
00:27:28,747 --> 00:27:33,685
So the hard drive could not have been
removed on Saturday as he claimed?
581
00:27:34,419 --> 00:27:35,545
That's correct.
582
00:27:36,688 --> 00:27:37,917
Nothing further.
583
00:27:40,926 --> 00:27:42,985
You investigated
every lead?
584
00:27:43,462 --> 00:27:46,762
We looked into a number of possibilities
suggested by the evidence.
585
00:27:47,599 --> 00:27:48,657
Such as?
586
00:27:48,734 --> 00:27:51,101
Open robbery
and burglary cases.
587
00:27:51,170 --> 00:27:53,138
We conducted extensive
background checks
588
00:27:53,205 --> 00:27:55,606
on everyone that worked
in the Emerson town home.
589
00:27:55,841 --> 00:28:00,278
And you settled on my client, largely
because of his affair with Mrs. Emerson?
590
00:28:00,712 --> 00:28:03,613
That, and his intimate
knowledge of the alarm system,
591
00:28:03,682 --> 00:28:06,242
and of course his extensive
criminal background.
592
00:28:06,318 --> 00:28:07,342
SOLOMON: Your Honor?
593
00:28:07,419 --> 00:28:10,480
Please strike the witness' last remark.
The jury will disregard.
594
00:28:12,457 --> 00:28:15,449
When you, uh, spoke with Mrs.
Emerson about their affair,
595
00:28:15,527 --> 00:28:17,655
did she acknowledge it?
Yes, she did.
596
00:28:17,729 --> 00:28:20,892
Did she say anything else on the
subject of fidelity in her marriage?
597
00:28:20,966 --> 00:28:23,731
She said that her husband was
having some affairs of his own.
598
00:28:23,802 --> 00:28:25,531
Objection. Relevance.
599
00:28:25,604 --> 00:28:28,767
Your Honor, if the police, in
their zeal to convict my client,
600
00:28:28,840 --> 00:28:31,639
have overlooked a promising
avenue of investigation...
601
00:28:31,710 --> 00:28:34,372
I'll allow it, subject to Mrs.
Emerson's corroboration.
602
00:28:34,446 --> 00:28:37,575
But confine yourself to what
she told Detective Fontana.
603
00:28:40,419 --> 00:28:43,821
She told you her husband had
affairs with other women?
604
00:28:44,156 --> 00:28:46,284
No. With other men.
605
00:28:48,093 --> 00:28:51,620
(LAUGHS) Well, did she say
anything about these affairs?
606
00:28:52,197 --> 00:28:56,498
Yes, uh, she said that he,
uh, enjoyed the rough trade.
607
00:28:57,102 --> 00:28:58,831
What? "Rough trade"?
608
00:29:00,005 --> 00:29:02,497
Sex with strangers
of a physical nature.
609
00:29:02,574 --> 00:29:04,599
SOLOMON: Physical?
You mean violent?
610
00:29:04,676 --> 00:29:06,405
Well, that's your word,
Counselor, not mine.
611
00:29:06,478 --> 00:29:08,037
Well, did you
look into this?
612
00:29:08,113 --> 00:29:12,016
We did. And we didn't find any evidence
of Mrs. Emerson's allegations.
613
00:29:12,851 --> 00:29:14,216
(LAUGHS)
614
00:29:15,587 --> 00:29:18,682
In the course of your
investigation of the crime scene,
615
00:29:18,790 --> 00:29:21,122
you determined that the sheets
on the bed were missing.
616
00:29:21,193 --> 00:29:22,820
That's right.
The bed had been stripped.
617
00:29:23,128 --> 00:29:24,254
And your deduction?
618
00:29:24,329 --> 00:29:27,959
Well, there was a lot of blood.
An awful lot of blood.
619
00:29:28,867 --> 00:29:32,201
We believe that the killer was
wearing an extra set of clothes
620
00:29:32,271 --> 00:29:35,434
that he stripped off,
bundled up into the sheets
621
00:29:35,507 --> 00:29:39,341
to get rid of evidence, as well as
carry away the money and the jewelry.
622
00:29:39,411 --> 00:29:43,609
Or maybe it was another kind of DNA
he was interested in concealing.
623
00:29:43,682 --> 00:29:45,047
Objection!
Semen, perhaps?
624
00:29:45,150 --> 00:29:47,812
Sustained. Don't try
my patience, Mr. Solomon.
625
00:29:49,121 --> 00:29:50,316
Your Honor.
626
00:29:57,963 --> 00:30:00,193
Lieutenant? It's for you.
Line two.
627
00:30:03,302 --> 00:30:04,292
Van Buren.
628
00:30:10,008 --> 00:30:12,340
I'd say between 8:00
and 10:00 last night.
629
00:30:12,811 --> 00:30:15,007
Autopsy's just
a formality.
630
00:30:15,080 --> 00:30:18,744
The cherry red color? It's carbon
monoxide poisoning, no question.
631
00:30:18,817 --> 00:30:19,807
SERENA: It was an accident?
Please.
632
00:30:19,885 --> 00:30:22,650
That's what it's
supposed to look like.
633
00:30:22,721 --> 00:30:24,348
Do they have
a new heating system?
634
00:30:24,423 --> 00:30:29,088
Yeah, recently installed. By the
guy she was gonna testify against.
635
00:30:29,394 --> 00:30:30,691
You'll let me know.
636
00:30:31,263 --> 00:30:32,355
Me, too.
637
00:30:32,431 --> 00:30:34,456
Yeah. We'll let you know.
638
00:30:39,404 --> 00:30:42,271
Tough case to make without Mrs.
Emerson's direct testimony.
639
00:30:42,374 --> 00:30:44,138
We have her Grand
Jury testimony.
640
00:30:44,209 --> 00:30:46,974
Tremont's attorney is moving
to dismiss the charges.
641
00:30:47,045 --> 00:30:48,535
We know this
wasn't an accident.
642
00:30:48,613 --> 00:30:51,947
The M.E. says that this could be the
result of a new heating system.
643
00:30:52,017 --> 00:30:54,918
Which Kenny Tremont installed.
He'd know how to sabotage it.
644
00:30:54,986 --> 00:30:57,751
It just happened to be the
housekeeper's night off again.
645
00:30:57,823 --> 00:30:59,985
Dangerous night at
the Emerson household.
646
00:31:01,026 --> 00:31:02,790
Good luck with
your dismissal hearing.
647
00:31:06,631 --> 00:31:08,622
SOLOMON: Mrs. Emerson's
unfortunate demise
648
00:31:08,700 --> 00:31:11,192
renders it impossible for the
People to convict my client.
649
00:31:11,269 --> 00:31:13,465
Unfortunately, your client
probably killed her.
650
00:31:14,172 --> 00:31:16,971
Unless Ms. Southerlyn can back
that up with some evidence...
651
00:31:17,109 --> 00:31:19,771
Mr. McCoy, can you continue
without the witness?
652
00:31:19,845 --> 00:31:21,506
Difficult, Your Honor,
but not impossible,
653
00:31:21,580 --> 00:31:25,642
and People v. Heflendbrand permits us
to use a witness' Grand Jury testimony.
654
00:31:25,717 --> 00:31:28,778
When it can be demonstrated that
the witness' unavailability
655
00:31:28,854 --> 00:31:30,219
was caused by the defendant.
656
00:31:30,288 --> 00:31:31,278
How much clearer can it be?
657
00:31:31,356 --> 00:31:34,587
Are you asking me to prove that
your client killed Mrs. Emerson
658
00:31:34,659 --> 00:31:36,718
before I can prove that
he killed Mr. Emerson?
659
00:31:36,795 --> 00:31:39,765
At the moment, Your Honor, there's not
even a ruling from the Medical Examiner
660
00:31:39,831 --> 00:31:42,129
that Mrs. Emerson's
death was a homicide.
661
00:31:42,200 --> 00:31:44,692
Is there any proof
that Mr. Tremont is involved
662
00:31:44,770 --> 00:31:47,671
in any way with Mrs. Emerson's
demise, accident or otherwise?
663
00:31:47,739 --> 00:31:49,901
We're investigating
Mr. Tremont right now.
664
00:31:49,975 --> 00:31:51,306
In other words, no.
665
00:31:51,376 --> 00:31:53,276
If you can give us
just a little more time.
666
00:31:53,345 --> 00:31:57,680
No, Mr. McCoy. I can't hold ajury
indefinitely while you look for evidence.
667
00:31:57,749 --> 00:32:02,346
I'm sorry, but absent that evidence,
the Grand Jury testimony is out.
668
00:32:02,421 --> 00:32:04,651
I'm going to dismiss the
charges against the defendant
669
00:32:04,723 --> 00:32:06,521
and I'm releasing
him from custody.
670
00:32:09,227 --> 00:32:11,355
So, he can't be retried.
671
00:32:11,430 --> 00:32:13,990
The courts.
Who can figure 'em out?
672
00:32:14,099 --> 00:32:16,932
There was no way this particularjudge
was gonna hold ajury
673
00:32:17,002 --> 00:32:18,970
while we finished
our investigation.
674
00:32:20,272 --> 00:32:22,263
What'd you guys find
on Mrs. Emerson's death?
675
00:32:22,340 --> 00:32:23,330
ED: Well, it's just
like we thought.
676
00:32:23,408 --> 00:32:24,842
The leak was caused
by a loose connection.
677
00:32:24,910 --> 00:32:28,369
Deliberate? Well, you could
never prove it definitively,
678
00:32:28,447 --> 00:32:31,815
but these connections just don't come loose
by themselves after a couple of months.
679
00:32:31,883 --> 00:32:33,317
And his fingerprints
are everywhere?
680
00:32:33,385 --> 00:32:34,477
They're all over the place.
681
00:32:34,553 --> 00:32:37,079
The arrogant son of a bitch didn't
even bother to put on gloves.
682
00:32:37,155 --> 00:32:38,486
He might have slipped
up this time, though,
683
00:32:38,557 --> 00:32:41,026
'cause CSU found a little drop
of blood on the exhaust flange
684
00:32:41,092 --> 00:32:42,389
just above that
loose connection.
685
00:32:42,461 --> 00:32:44,793
So, if he cut himself
and it's his DNA?
686
00:32:44,863 --> 00:32:46,831
It's a start. How did
he get in again?
687
00:32:46,898 --> 00:32:49,162
The alarm was off,
there was no forced entry.
688
00:32:49,234 --> 00:32:51,498
We figure she must've
let him in. Again.
689
00:32:51,570 --> 00:32:52,901
What about his alibi?
690
00:32:52,971 --> 00:32:55,997
We were just gonna go
check that out. Excuse me.
691
00:32:58,210 --> 00:32:59,200
I was with my girlfriend.
692
00:32:59,277 --> 00:33:02,076
Again? Player.
Which one this time?
693
00:33:02,147 --> 00:33:05,014
Uh, my new one. Tina. She's a
bartender in the East Village.
694
00:33:05,116 --> 00:33:08,780
(LAUGHS) This guy is amazing. He has an
endless supply of alibi girlfriends.
695
00:33:08,854 --> 00:33:10,481
I was hanging out with
her at the bar all night.
696
00:33:10,555 --> 00:33:13,286
Hey, did anybody
else see you hanging?
697
00:33:13,358 --> 00:33:15,656
Well, it was Sunday night, so
it wasn't really that busy.
698
00:33:15,727 --> 00:33:18,128
Nobody I know. I mean,
there were strangers.
699
00:33:18,196 --> 00:33:19,891
Friendly guy like you,
you ain't talked to nobody?
700
00:33:19,965 --> 00:33:21,626
Just Tina. But,
hey, talk to her.
701
00:33:21,700 --> 00:33:23,896
Yeah, yeah, we know.
She can vouch for you.
702
00:33:24,836 --> 00:33:26,065
You need to wipe that
smirk off your face.
703
00:33:26,137 --> 00:33:27,468
We ain't done
with you yet.
704
00:33:28,473 --> 00:33:29,872
Excuse me.
(LAUGHS)
705
00:33:32,110 --> 00:33:33,942
Yeah, Kenny was
in here all night.
706
00:33:34,012 --> 00:33:35,343
Sat down at the
end of the bar.
707
00:33:35,413 --> 00:33:36,812
All night, huh?
708
00:33:37,949 --> 00:33:40,919
Tina? Do you have
any regular customers?
709
00:33:40,986 --> 00:33:42,351
Yeah, sure.
710
00:33:42,621 --> 00:33:44,316
Any of them here
on Sunday night?
711
00:33:44,589 --> 00:33:45,920
Uh, let me think.
712
00:33:45,991 --> 00:33:48,323
We need one of them
to corroborate your story.
713
00:33:48,693 --> 00:33:49,751
What do you mean?
714
00:33:49,828 --> 00:33:53,628
Well, what he means is, is that
we need someone besides yourself
715
00:33:53,698 --> 00:33:57,293
to tell us that Kenny was sitting
down at that bar all night drinking.
716
00:33:58,637 --> 00:34:03,234
Well, um, I don't think that I knew anybody
else that came in that night, so...
717
00:34:03,308 --> 00:34:05,970
Okay. What's your manager's
name and number?
718
00:34:06,678 --> 00:34:07,668
What for?
719
00:34:07,746 --> 00:34:09,942
Well, maybe your manager can remember
who was here on Sunday night
720
00:34:10,015 --> 00:34:12,040
and n anybody saw Kenny
at the end oi the bar.
721
00:34:17,889 --> 00:34:21,416
All right. So I showed Kenny's
photo to a half a dozen patrons.
722
00:34:21,560 --> 00:34:22,721
Anybody remember him?
723
00:34:22,794 --> 00:34:26,424
No. But nobody can swear he wasn't
there, either. How about you?
724
00:34:26,531 --> 00:34:28,863
The Medical Examiner's
office called.
725
00:34:28,934 --> 00:34:31,596
The blood they found on the
flange was definitely Tremont's,
726
00:34:31,670 --> 00:34:33,638
and it was less than a week
old when they collected it.
727
00:34:33,705 --> 00:34:35,605
That's good. Good enough
for the Medical Examiner
728
00:34:35,674 --> 00:34:36,766
to call it a homicide.
729
00:34:36,841 --> 00:34:38,900
That puts him in the basement
after the trial started,
730
00:34:38,977 --> 00:34:41,071
just before she was supposed
to testify against him.
731
00:34:41,146 --> 00:34:43,581
Add that to a shaky alibi...
Let's call the D.A.
732
00:34:48,053 --> 00:34:51,216
JACK: We can show that Mr.
Tremont had the opportunity
733
00:34:51,289 --> 00:34:53,724
to sabotage the heater
in the Emerson mansion,
734
00:34:53,792 --> 00:34:58,229
and that he murdered Mrs. Emerson to
keep her from testifying against him.
735
00:34:58,296 --> 00:35:01,823
The People can't even prove that Mrs.
Emerson's death was a homicide,
736
00:35:01,900 --> 00:35:03,561
much less that the
heater was tampered with
737
00:35:03,835 --> 00:35:05,462
or that my client
did the tampering.
738
00:35:05,537 --> 00:35:08,370
We have DNA evidence that
places him in the basement
739
00:35:08,440 --> 00:35:11,000
at the time and on the site
of the loosened connection
740
00:35:11,076 --> 00:35:12,566
that caused the fatal leak.
741
00:35:12,644 --> 00:35:15,409
Mr. Tremont did extensive
work on the premises,
742
00:35:15,480 --> 00:35:19,713
and it's our contention the bloodstain
dates well before Mrs. Emerson's death.
743
00:35:19,918 --> 00:35:21,386
We think not.
744
00:35:21,453 --> 00:35:25,151
Your Honor, the fact that Mrs. Emerson
testified against the defendant
745
00:35:25,223 --> 00:35:28,386
and was going to appear as
a key witness against him
746
00:35:28,460 --> 00:35:31,987
should be sufficient to allow her
Grand Jury testimony to come in.
747
00:35:32,063 --> 00:35:35,033
The probative value of her
testimony is far outweighed
748
00:35:35,100 --> 00:35:36,568
by the prejudice
to the client.
749
00:35:36,635 --> 00:35:40,401
Judge, People v. Mofineaux. You can
allow us to paint a broad picture.
750
00:35:40,939 --> 00:35:43,033
At least permit us
to establish motive.
751
00:35:43,108 --> 00:35:44,872
If you plan on
convicting my client
752
00:35:44,943 --> 00:35:46,377
before the trial...
JUDGE: Relax, Counselor.
753
00:35:46,444 --> 00:35:49,004
I'll limit Mr. McCoy
to the broad strokes.
754
00:35:49,080 --> 00:35:53,415
You can establish that Mrs. Emerson
was going to testify against Tremont
755
00:35:53,485 --> 00:35:56,853
in a serious criminal
matter, but no details.
756
00:35:56,921 --> 00:35:58,889
Nothing of
the crime itself.
757
00:35:58,957 --> 00:36:02,655
If you allow Mr. McCoy to refer
to a serious criminal matter,
758
00:36:02,727 --> 00:36:05,389
then everyone's going to
know what he's talking about.
759
00:36:05,697 --> 00:36:07,290
Unless you've
been living in a cave.
760
00:36:07,365 --> 00:36:09,493
And what would you
suggest, Mr. Solomon?
761
00:36:09,934 --> 00:36:11,060
Change of venue.
762
00:36:11,136 --> 00:36:14,538
The crime occurred in thisjurisdiction.
It ought to be tried here.
763
00:36:14,606 --> 00:36:16,301
You can relax,
too, Mr. McCoy.
764
00:36:16,374 --> 00:36:18,968
A more extensive
and thorough voir dire
765
00:36:19,044 --> 00:36:22,241
should suffice to empanel
an objective jury.
766
00:36:26,951 --> 00:36:31,718
The DNA found from the blood on the exhaust
flange matched the defendant's, Mr. Tremont.
767
00:36:31,790 --> 00:36:35,055
Were you able to determine when
that blood was left at that site?
768
00:36:35,126 --> 00:36:38,096
Uh, well, based on the size of the bloodstain
and the environment that it was in,
769
00:36:38,163 --> 00:36:40,291
the high ambient temperature,
and plus the fact that
770
00:36:40,365 --> 00:36:42,333
we were still able to extract
the DNA from the sample,
771
00:36:42,400 --> 00:36:44,459
it couldn't have been
there for more than a week.
772
00:36:47,706 --> 00:36:49,299
Dating bloodstains.
773
00:36:49,808 --> 00:36:52,300
It's not a very accurate
or definitive science.
774
00:36:52,444 --> 00:36:55,414
No, studies have shown that
bloodstains can be accurately dated.
775
00:36:55,914 --> 00:36:57,973
Accurate within a week.
Yes.
776
00:36:58,083 --> 00:37:02,486
Ah. Even though the blood sample
was left on a heating system,
777
00:37:02,554 --> 00:37:04,420
and heat destroys DNA.
778
00:37:04,889 --> 00:37:05,913
Yes.
779
00:37:05,990 --> 00:37:10,689
And even that estimate could easily
place the sample on the flange
780
00:37:10,762 --> 00:37:14,027
up to a week before
Mrs. Emerson's death.
781
00:37:14,766 --> 00:37:15,756
Yes.
782
00:37:16,301 --> 00:37:17,291
Nothing further.
783
00:37:18,603 --> 00:37:19,764
The People rest,
Your Honor.
784
00:37:20,271 --> 00:37:21,329
Mr. Solomon?
785
00:37:21,406 --> 00:37:23,875
We'd like to move for dismissal
of all charges, Your Honor.
786
00:37:23,942 --> 00:37:26,843
The People have failed to meet
the minimal threshold of proof.
787
00:37:26,911 --> 00:37:30,506
Oh, I think they've done that, Mr.
Solomon. Motion denied.
788
00:37:30,582 --> 00:37:32,880
Recess until 9:00 a.m.
tomorrow morning.
789
00:37:32,951 --> 00:37:34,146
(BANGS GAVEL)
790
00:37:36,321 --> 00:37:39,313
For a minute, I thought Solomon
was gonna win another dismissal.
791
00:37:39,390 --> 00:37:41,552
Eventhough everyone
knows Tremont did it.
792
00:37:41,626 --> 00:37:44,220
Knowing and proving,
always two different things.
793
00:37:44,295 --> 00:37:46,195
Who's testifying for
the defense tomorrow?
794
00:37:46,264 --> 00:37:47,561
His alibi witness.
795
00:37:47,632 --> 00:37:49,191
One of his girlfriends.
796
00:37:49,267 --> 00:37:52,794
Why would anyone take up with a man
accused of murdering his lover?
797
00:37:52,871 --> 00:37:54,100
You're not a woman.
I get it.
798
00:37:54,172 --> 00:37:56,470
He's charming, attractive,
he's an outlaw.
799
00:37:56,541 --> 00:37:58,168
He's a classic
bad boy.
800
00:37:59,778 --> 00:38:00,768
What?
801
00:38:07,152 --> 00:38:09,917
I worked my regular shift,
from 6:00 till closing.
802
00:38:11,189 --> 00:38:12,486
What time did
you leave?
803
00:38:12,557 --> 00:38:14,616
Um, about 2:00.
I had to clean up.
804
00:38:17,428 --> 00:38:19,556
Did you see the
defendant that evening?
805
00:38:19,831 --> 00:38:22,596
Kenny came in about
7:00, around there.
806
00:38:22,967 --> 00:38:25,026
And he sat right at the end
of the bar till closing.
807
00:38:25,370 --> 00:38:26,735
SOLOMON: And then what?
808
00:38:26,805 --> 00:38:27,931
We went home together.
809
00:38:28,306 --> 00:38:30,673
And where was Mr. Tremont
the rest of the evening?
810
00:38:30,742 --> 00:38:32,642
With me. The whole time.
811
00:38:37,148 --> 00:38:39,207
You were with
Mr. Tremont all evening?
812
00:38:39,617 --> 00:38:40,675
Yes.
813
00:38:40,752 --> 00:38:44,211
The police were unable
to find anyone
814
00:38:44,289 --> 00:38:47,554
who remembered seeing Mr.
Tremont with you that night.
815
00:38:47,659 --> 00:38:48,990
They remember you,
but not him.
816
00:38:50,028 --> 00:38:53,020
I don't know what to say. I mean, he was
right there with me the whole time.
817
00:38:53,331 --> 00:38:55,390
JACK: How long have
you known Mr. Tremont?
818
00:38:55,466 --> 00:38:57,161
Six months.
Six months?
819
00:38:58,670 --> 00:39:01,935
Then you must have been aware of
his previous legal difficulties.
820
00:39:02,006 --> 00:39:04,668
Your Honor? You know the
parameters, Mr. McCoy.
821
00:39:05,009 --> 00:39:07,034
Yes, Your Honor. JUDGE:
Witness may answer.
822
00:39:07,579 --> 00:39:11,709
When you met Mr. Tremont, he was
on trial for a serious offense.
823
00:39:12,584 --> 00:39:14,052
Yeah. Yes,
I knew that.
824
00:39:14,152 --> 00:39:16,211
And were you aware
that before her death,
825
00:39:16,287 --> 00:39:19,723
Mrs. Emerson was scheduled
to testify against him?
826
00:39:20,091 --> 00:39:21,115
Yes.
827
00:39:21,192 --> 00:39:24,628
And were you also aware
of the exact nature
828
00:39:24,696 --> 00:39:27,688
of the criminal matter
Mr. Tremont was on trial for?
829
00:39:29,801 --> 00:39:30,893
Yes.
830
00:39:30,969 --> 00:39:34,030
And that Mr. Tremont
and Mrs. Emerson
831
00:39:34,105 --> 00:39:36,233
had been in
an intimate relationship?
832
00:39:38,643 --> 00:39:41,305
I read the papers.
Watch the news.
833
00:39:43,615 --> 00:39:47,279
Did Mr. Tremont
ever talk to you
834
00:39:48,319 --> 00:39:50,253
about his relationship
with Mrs. Emerson?
835
00:39:51,489 --> 00:39:53,685
Mr. Solomon... SOLOMON:
Objection, YourHonoL
836
00:39:53,892 --> 00:39:56,987
Mr. McCoy's question is vast,
without limit or focus.
837
00:39:57,061 --> 00:39:58,620
Relax, Mr. Solomon.
838
00:39:58,696 --> 00:40:02,155
Mr. McCoy, please confine your
questions about their relationship
839
00:40:02,233 --> 00:40:05,669
to the period prior to the
aforementioned legal proceedings.
840
00:40:06,204 --> 00:40:09,606
Did Mr. Tremont tell you
how their relationship began?
841
00:40:11,576 --> 00:40:13,510
Um. (CLEARS THROAT) He...
842
00:40:13,578 --> 00:40:17,481
He said that they started seeing each
other after he started working for her.
843
00:40:17,548 --> 00:40:20,483
And did he tell you
how he felt about her?
844
00:40:21,753 --> 00:40:23,187
Said he liked her okay.
845
00:40:23,721 --> 00:40:28,283
Did Mr. Tremont voice a different
opinion about Mrs. Emerson
846
00:40:28,359 --> 00:40:30,521
when he learned that she was
going to testify against him?
847
00:40:30,595 --> 00:40:33,030
Objection!
Move on, Mr. McCoy.
848
00:40:35,233 --> 00:40:40,797
Did Mr. Tremont ever express anger
or resentment against Mrs. Emerson?
849
00:40:47,278 --> 00:40:48,439
Your Honor?
850
00:40:48,513 --> 00:40:50,208
Please answer the question.
851
00:40:51,449 --> 00:40:53,975
(STAMMERS) Yeah, uh,
yes, I guess so. Yes.
852
00:40:54,819 --> 00:40:56,116
JACK: What did he say?
853
00:40:58,856 --> 00:41:00,915
He said that
she ruined his life.
854
00:41:01,759 --> 00:41:04,421
Ruined his life?
Did he say how?
855
00:41:10,234 --> 00:41:13,864
(STAMMERS) I didn't know
what he meant, I swear.
856
00:41:14,872 --> 00:41:16,431
Can you tell us
what he said?
857
00:41:18,576 --> 00:41:19,566
Um...
858
00:41:21,479 --> 00:41:22,913
He said that, um...
859
00:41:24,415 --> 00:41:26,281
That it was her idea
from the beginning
860
00:41:26,351 --> 00:41:28,149
(CRYING) and he just
did what she wanted.
861
00:41:28,219 --> 00:41:29,709
Objection!
Objection, Your Honor.
862
00:41:29,787 --> 00:41:31,482
Counsel will see me
in chambers.
863
00:41:37,295 --> 00:41:39,320
Your Honor, I move
for an immediate mistrial.
864
00:41:39,397 --> 00:41:41,126
She's your witness,
Mr. Solomon.
865
00:41:41,232 --> 00:41:43,326
I merely asked
a question.
866
00:41:43,401 --> 00:41:45,870
Perfectly proper
cross-examination.
867
00:41:45,937 --> 00:41:49,396
She just about accused my client
of conspiring with Mrs. Emerson.
868
00:41:49,474 --> 00:41:51,602
Actually, Judge, that's
exactly what she did.
869
00:41:51,676 --> 00:41:53,405
Your Honor,
this is too damaging.
870
00:41:53,478 --> 00:41:55,810
Now, you told Mr. McCoy
to stay within parameters.
871
00:41:55,880 --> 00:41:57,848
JACK: If Tremont
and Mrs. Emerson
872
00:41:57,915 --> 00:41:59,940
were in on her husband's
death all along...
873
00:42:00,018 --> 00:42:02,988
Your Honor, my client's not on trial
for the murder of Mr. Emerson.
874
00:42:03,054 --> 00:42:04,522
True enough,
but if Mrs. Emerson
875
00:42:04,589 --> 00:42:07,081
was a co-conspirator
in her husband's death,
876
00:42:07,158 --> 00:42:08,887
the jury has a right
to know the details.
877
00:42:08,960 --> 00:42:10,951
You opened the
floodgates, Mr. Solomon.
878
00:42:11,029 --> 00:42:16,024
The Grand Jury minutes, her sworn
statements. It all comes in. Everything.
879
00:42:16,100 --> 00:42:17,534
Your Honor,
you can't do this.
880
00:42:17,602 --> 00:42:20,799
I would have designed my case
in an entirely different way.
881
00:42:20,872 --> 00:42:22,271
This is grounds for appeal.
882
00:42:23,074 --> 00:42:24,508
Appeal away, Mr. Solomon.
883
00:42:32,950 --> 00:42:34,145
WOMAN: Question.
884
00:42:34,452 --> 00:42:38,821
"What did Mr. Tremont tell you
about the murder of Mr. Emerson?"
885
00:42:40,191 --> 00:42:43,320
Answer. "Kenny
told me he did it.
886
00:42:44,529 --> 00:42:46,190
"I didn't ask him to.
887
00:42:46,764 --> 00:42:49,199
"He said he wanted
us to be together.
888
00:42:50,101 --> 00:42:53,435
"I had no idea he was
planning to kill Greg.
889
00:42:54,505 --> 00:42:56,473
"He did that
all on his own."
890
00:42:59,844 --> 00:43:02,142
The jury came back
fast. Nicely done.
891
00:43:02,213 --> 00:43:04,113
We could still get
reversed on appeal.
892
00:43:05,283 --> 00:43:06,614
Are you worried?
893
00:43:07,251 --> 00:43:10,881
I'm sure Mr. Tremont has exhausted
his illicit resources by now.
894
00:43:10,955 --> 00:43:14,550
He won't be able to afford a lawyer
like Solomon the next time around.
895
00:43:15,293 --> 00:43:16,727
Quite a case.
896
00:43:17,195 --> 00:43:19,664
Sex and money,
money and sex.
897
00:43:19,730 --> 00:43:21,323
Where would we
be without them?
898
00:43:21,799 --> 00:43:23,233
Out of business.