1
00:00:08,440 --> 00:00:10,408
In the criminal justice system,
2
00:00:10,464 --> 00:00:14,078
the people are represented by two separate
yet equally important groups...
3
00:00:14,143 --> 00:00:16,111
the police, who investigate crime,
4
00:00:16,167 --> 00:00:18,906
and the district attorneys,
who prosecute the offenders.
5
00:00:18,968 --> 00:00:20,797
These are their stories.
6
00:00:21,803 --> 00:00:25,347
Hi, darling. I'm in the park,
near that memorial thing
for Lennon.
7
00:00:26,358 --> 00:00:29,304
Not the Communist.
The Beatle.
8
00:00:29,362 --> 00:00:33,585
Yes, the West Side.
Slumming.
9
00:00:33,648 --> 00:00:36,858
Of course the caterer will be there.
He's devoted to me.
10
00:00:38,001 --> 00:00:40,025
Hold on.
11
00:00:42,219 --> 00:00:45,533
Oh, my God! Let me call you back.
I have to call 911.
12
00:00:47,618 --> 00:00:49,678
Fourteen stab wounds.
Count 'em.
13
00:00:49,745 --> 00:00:52,990
How many of 'em were fatal?
At least three. Maybe four.
14
00:00:53,052 --> 00:00:55,525
Damn. For a watch and a wallet.
Mm .
15
00:00:55,582 --> 00:00:59,771
You got time of death, Doc?
Mm, given lividity, body temp and rigor...
16
00:00:59,834 --> 00:01:03,114
add an hour or two for the low temps last night...
2:00 a.m., give or take.
17
00:01:03,175 --> 00:01:05,236
Detectives.
18
00:01:05,301 --> 00:01:08,213
Dead guy's sportin' tin.
He's not a civilian.
19
00:01:08,271 --> 00:01:12,195
A cop?
Assistant District Attorney
Daniel Tenofsky. New York County.
20
00:01:12,252 --> 00:01:16,372
I'll call the lieutenant.
He's with the Appeals Bureau.
21
00:01:16,437 --> 00:01:18,532
Looks like he lost his last argument.
22
00:02:09,182 --> 00:02:12,898
The N.Y.P.D. is investigating
Mr. Tenofsky's brutal murder...
23
00:02:12,961 --> 00:02:16,379
with all the resources at its disposal.
24
00:02:16,437 --> 00:02:21,442
Let me make one thing perfectly clear
to the perpetrators of this awful deed.
25
00:02:21,499 --> 00:02:26,263
This city will not permit
an officer of the court
to be brought down in this manner...
26
00:02:26,324 --> 00:02:29,707
without swift and sure retribution.
27
00:02:29,766 --> 00:02:35,715
We can and we will exact the full measure
of punishment under the law...
28
00:02:35,773 --> 00:02:39,559
for the killer or killers
of Daniel Tenofsky.
29
00:02:41,037 --> 00:02:45,433
Tenofsky's bureau chief and deputy
are gonna pull all of his cases
and see if there's a connection.
30
00:02:45,491 --> 00:02:48,299
Twenty years in the office...
he had to send a lot of people to prison.
31
00:02:48,360 --> 00:02:52,618
Dan was very well respected, Anita,
and a close colleague of McCoy's.
32
00:02:52,679 --> 00:02:57,075
Message received. Tell him that
Briscoe and Green are on it 24-7.
33
00:02:57,134 --> 00:03:00,552
We can let you have
a dozen investigators from the office.
Volunteers... no cost to the P.D.
34
00:03:00,610 --> 00:03:02,705
Well, if we need your help,
I'll call.
35
00:03:02,770 --> 00:03:05,508
- Ms. Southerlyn.
- Detective.
36
00:03:05,570 --> 00:03:07,768
Counselor.
Ed.
37
00:03:07,831 --> 00:03:10,938
McCoy wants to be briefed
every morning and evening.
Okay
38
00:03:12,387 --> 00:03:17,150
- I hear McCoy's on the Warpath.
- Let's say the drums are beating
loud and clear.
39
00:03:17,213 --> 00:03:19,181
What did the M.E. have to say?
40
00:03:19,237 --> 00:03:22,252
The M.E. on the scene was a hair off...
16 puncture wounds.
41
00:03:22,308 --> 00:03:24,506
And a .38-caliber bullet.
42
00:03:24,569 --> 00:03:26,537
They shot him too?
First.
43
00:03:26,594 --> 00:03:29,575
Close-up to the heart.
Tenofsky was dead
before he hit the ground.
44
00:03:29,631 --> 00:03:32,577
D.A.'s tend to make a lot of enemies
in the real world.
45
00:03:32,634 --> 00:03:34,900
Somebody sure took it personally.
46
00:03:34,963 --> 00:03:39,900
Well, Tenofsky signed out
of the Appeals Bureau
at 7:45 p.m. sharp, like always.
47
00:03:39,957 --> 00:03:43,708
Told his secretary
he was heading home
to edit a brief.
48
00:03:43,770 --> 00:03:46,750
- All work and no play.
- Home is Garfield Place.
49
00:03:46,807 --> 00:03:50,892
That's Park Slope, Brooklyn.
Six hours later, he's killed in Central Park.
50
00:03:50,959 --> 00:03:55,044
So, let's start with his apartment,
see if he made it home that night
51
00:03:59,023 --> 00:04:00,991
Cozy.
52
00:04:01,048 --> 00:04:03,614
Well, we know he made it home.
53
00:04:03,681 --> 00:04:08,110
Question is, he orders a little Chinese,
he's right in the middle of work,
why does he go out again...
54
00:04:08,169 --> 00:04:11,747
and why does he end up in Central Park
at 2:00 in the morning?
55
00:04:11,813 --> 00:04:14,793
I'd say we should look
through his personal effects,
but first he'd have to have some.
56
00:04:14,850 --> 00:04:17,358
Filofax is personal.
57
00:04:17,415 --> 00:04:21,972
Let's see. Landlord,
computer tech support,
plumber, painter.
58
00:04:22,038 --> 00:04:25,248
Indian chief.
No family? No friends?
59
00:04:25,312 --> 00:04:28,591
Appeals Bureau D.A.'s...
in order of seniority.
60
00:04:28,652 --> 00:04:33,047
Tenofsky had less of a personal life
than my first wife.
61
00:04:33,107 --> 00:04:35,949
"Opera News.”
62
00:04:36,009 --> 00:04:37,977
“Sea-Kayaker Quarterly ”
63
00:04:38,033 --> 00:04:41,348
No letters, no postcards.
We should check his e-mails.
64
00:04:41,408 --> 00:04:45,228
What do you wanna bet it's all spam?
I'm impressed that you
know what that is.
65
00:04:45,289 --> 00:04:47,993
I used to think it was lunch meat.
Hey.
66
00:04:48,056 --> 00:04:51,738
You have one new message.
67
00:04:51,802 --> 00:04:53,770
This is Penny from Vidiots.
68
00:04:53,827 --> 00:04:56,865
Just wanted to let you know
the director's cut of Repo Man came in.
69
00:04:56,931 --> 00:05:00,820
- We'll hold it till Thursday.
- End of final message.
70
00:05:00,879 --> 00:05:03,145
So much for a personal life.
71
00:05:03,208 --> 00:05:05,233
Repo Man?
Yeah. It's a classic, man.
72
00:05:05,300 --> 00:05:08,843
No. The Wild Bunch...
that's a classic.
73
00:05:08,911 --> 00:05:12,455
The machine says one message,
but the handset has two calls
that came in last night.
74
00:05:12,522 --> 00:05:16,031
- Yeah, the video store.
- That was 7:20, before he got home.
75
00:05:16,099 --> 00:05:19,884
The other one comes in at 11:15,
and he answered it.
It's four minutes long.
76
00:05:19,945 --> 00:05:23,961
Maybe that's the one
that dragged him back out
into the cold, cruel world.
77
00:05:26,965 --> 00:05:30,003
Bruno's Pizza? No, man.
We'll actually pick up.
78
00:05:30,069 --> 00:05:32,094
Can you tell us
where you're located?
79
00:05:33,174 --> 00:05:35,647
No. No Bruno. Just me... Alec.
80
00:05:35,705 --> 00:05:38,478
Bought the place five years ago.
Times change.
81
00:05:38,540 --> 00:05:40,876
So, Mr. LeMaine, you're positive
you don't recognize this man?
82
00:05:40,936 --> 00:05:43,916
- Should I?
- We're not sure.
83
00:05:43,973 --> 00:05:47,287
Did you notice anybody
using your phone
a little bit after 11:00?
84
00:05:47,347 --> 00:05:49,407
After 11:00? No way. We close at 10:00.
85
00:05:49,473 --> 00:05:52,718
Everybody's gone by 10:30.
The place is locked up tight.
86
00:05:52,780 --> 00:05:54,840
We're gonna need a list
of all your employees...
87
00:05:54,906 --> 00:05:57,817
with social security
and home phone numbers.
88
00:06:01,487 --> 00:06:03,926
What about the list of names
from the pizzeria?
89
00:06:03,984 --> 00:06:05,952
No pops from Tenofsky's cases.
90
00:06:06,008 --> 00:06:09,184
Maybe it was personal,
not professional.
Personal how?
91
00:06:09,248 --> 00:06:12,458
I mean, his apartment isn't exactly
a gold mine of information.
92
00:06:12,522 --> 00:06:16,341
I didn't even know Dan's middle name
until I pulled his personnel file.
93
00:06:16,402 --> 00:06:20,556
And we're gonna want to check
with his next of kin.
His attorneys still looking.
94
00:06:20,621 --> 00:06:24,107
- So, no next of kin?
- Tenofiky was a lifer
95
00:06:24,163 --> 00:06:27,075
joined the office right out
of Brooklyn Law School.
96
00:06:27,134 --> 00:06:31,127
Started in Trial Bureau 40
where he was considered
a rising star.
97
00:06:31,183 --> 00:06:34,221
The next Jack McCoy.
McCoy must have thought so too.
98
00:06:34,287 --> 00:06:38,913
- He tapped Tenofsky to second-chair him
on the Hiltbrand trial.
- The serial killer.
99
00:06:38,978 --> 00:06:44,109
Ten years ago, Schiff was set
to elevate Tenofsky to bureau chief
at Trial Bureau 90.
100
00:06:44,175 --> 00:06:47,489
Then out of the blue, he put in
for a transfer to Appeals.
101
00:06:47,549 --> 00:06:50,529
From chief to line appeals assistant?
102
00:06:50,586 --> 00:06:52,957
All due respect,
but that's a big step down.
103
00:06:53,016 --> 00:06:55,548
What happened? Trial work
get to be too much stress?
104
00:06:55,615 --> 00:06:59,263
- Tenofsky said he just wanted to try something new.
- - How'd he work out in Appeals?
105
00:06:59,326 --> 00:07:02,502
Dan was a beautiful writer.
He was good on his feet.
106
00:07:02,567 --> 00:07:06,180
I made him senior appellate counsel
within a year.
107
00:07:06,245 --> 00:07:09,121
So everybody was happy?
He didn't have a family
108
00:07:09,180 --> 00:07:12,092
He didn't give a damn
about his caseload, holidays.
109
00:07:12,150 --> 00:07:16,477
A man for all seasons.
So, who should we talk to?
110
00:07:16,537 --> 00:07:21,197
Dan had an office mate...
a junior A.D.A. named Susan Yee.
111
00:07:21,262 --> 00:07:25,761
Twenty years on the job
and he's bunkin' with a kid
just out of law school?
112
00:07:25,817 --> 00:07:27,841
Tenofsky didn't seem to mind.
113
00:07:27,909 --> 00:07:30,821
Tell you the truth,
I think he liked the company.
114
00:07:32,297 --> 00:07:35,173
Brooklyn Law School.
Magna cum laude.
115
00:07:35,231 --> 00:07:37,326
Admitted, Southern District.
116
00:07:37,392 --> 00:07:40,602
U.S. Court of Appeals,
Second Circuit.
117
00:07:40,665 --> 00:07:43,576
Mr. Tenofsky was one of
the brightest men I have ever met.
118
00:07:43,635 --> 00:07:47,179
How long did you two share an office?
Four years.
119
00:07:47,245 --> 00:07:49,477
And you still call him Mr. Tenofsky?
120
00:07:49,540 --> 00:07:52,176
He called me Ms. Yee.
I called him Mr. Tenofsky.
121
00:07:52,240 --> 00:07:54,506
He wasn't exactly outgoing.
122
00:07:54,569 --> 00:07:56,663
Four years in the same room.
You guys ever go out?
123
00:07:56,728 --> 00:07:58,696
Movies, dinner, anything?
124
00:07:58,753 --> 00:08:00,721
Mr. Tenofsky was a lot older.
125
00:08:00,777 --> 00:08:05,001
And besides, I like conversations
with a guy to go past,
“Cold enough for you?"
126
00:08:05,064 --> 00:08:07,032
Or “How about those Mats?”
127
00:08:07,088 --> 00:08:09,459
Can you tell us anything else about him?
128
00:08:09,518 --> 00:08:11,520
He took his coffee black and was
a stickler for bluebook form.
129
00:08:11,576 --> 00:08:14,176
- That's it?
- Sorry.
130
00:08:14,242 --> 00:08:17,084
The more we learn about Tenofsky,
the less we know.
131
00:08:17,144 --> 00:08:19,584
We're fresh out of ideas.
If you could give us anything.
132
00:08:19,641 --> 00:08:22,483
I heard that he dated
an assistant in Frauds,
133
00:08:22,544 --> 00:08:25,524
but that would have been years ago.
134
00:08:25,581 --> 00:08:28,861
We went to the movies a couple of times.
He liked sci-fi.
135
00:08:28,921 --> 00:08:33,421
Two or three nice dinners.
He took me to the Met to see Aida,
the Zeffirelli production.
136
00:08:33,477 --> 00:08:35,847
I missed that one.
It was amazing.
137
00:08:35,907 --> 00:08:38,209
So, it sounds like things
were going along swimmingly.
138
00:08:38,268 --> 00:08:41,307
So, after the fat lady sang?
Nothing.
139
00:08:41,373 --> 00:08:46,678
As in?
As in just when it was about to get serious,
for me anyway... he never calls again.
140
00:08:46,739 --> 00:08:51,134
But even when we were dating,
it was almost like Dan was M.I.A.
The nowhere man.
141
00:08:51,194 --> 00:08:55,623
He hardly ever talked about his family,
what he was feeling...
anything except work.
142
00:08:55,682 --> 00:08:57,845
I got the sense
there was plenty going on inside,
143
00:08:57,909 --> 00:09:00,348
but he wasn't sharing it,
at least not with me.
144
00:09:00,406 --> 00:09:02,501
From what we hear,
he wasn't sharing it with anybody.
145
00:09:02,565 --> 00:09:04,533
Oh, God. How'd his brother take it?
146
00:09:04,590 --> 00:09:06,615
That's the first we've heard
he had a brother.
147
00:09:06,683 --> 00:09:09,283
We'll need his name.
I'm not sure he mentioned it.
148
00:09:09,349 --> 00:09:11,949
Lives in Arizona, I think.
Dan used to meet him out there.
149
00:09:12,014 --> 00:09:16,203
They'd go to a swap meet every spring.
Quartzite, Arizona?
150
00:09:17,852 --> 00:09:22,547
I got phone records from 1990...
in reverse chronological order.
151
00:09:22,610 --> 00:09:26,661
Only thing I have left from the '90s
are a couple of wide ties.
152
00:09:26,728 --> 00:09:29,708
If Tenofsky had a brother,
I can't find any sign of him.
153
00:09:29,765 --> 00:09:33,482
You know, he never really made the moves
on that A.D.A. Estrada.
154
00:09:33,544 --> 00:09:37,054
Or Susie Yee either.
Why, you think he was gay?
155
00:09:37,121 --> 00:09:39,090
Well, I think both ladies
are muy caliente.
156
00:09:39,146 --> 00:09:43,139
Straight or gay, my motto is,
“Don't know, don't care.”
Unless it got him killed.
157
00:09:43,196 --> 00:09:47,925
This guy saved the renewal notices
from his magazine subscriptions.
158
00:09:50,383 --> 00:09:53,927
Ticket stub for a flight from Phoenix
to Quartzite, Arizona.
159
00:09:53,994 --> 00:09:58,654
Anything about the brother?
Uh, hotel receipt, single room.
160
00:09:58,719 --> 00:10:01,124
Oh, here's a brochure for that swap meet.
161
00:10:01,182 --> 00:10:04,898
It's five years ago.
Ticket stub's that old too.
162
00:10:04,961 --> 00:10:08,102
Hey, when did you say Tenofsky
graduated Brooklyn Law?
163
00:10:08,167 --> 00:10:11,240
Uh, the diploma in his office said 1980.
164
00:10:11,305 --> 00:10:14,654
So that would have meant
he would have been in Brooklyn
from '77 on.
165
00:10:14,714 --> 00:10:20,318
Yeah. Brooklyn Law School
is three years if you go days,
four years if you go nights.
166
00:10:20,383 --> 00:10:22,581
I thought about it a while back.
167
00:10:22,644 --> 00:10:25,382
You'd have made a hell of a shyster.
Bite your tongue.
168
00:10:25,445 --> 00:10:29,059
So, what's the sudden interest
in Tenofsky's domicile 20 years ago?
169
00:10:29,123 --> 00:10:34,290
Well, this dude saved everything
including rent receipts.
Yeah, he was a little obsessive.
170
00:10:34,354 --> 00:10:38,854
Yeah, well, according to these receipts,
he lived in Phoenix in '78 and '79...
171
00:10:38,909 --> 00:10:41,717
while attending law school in Brooklyn.
172
00:10:44,612 --> 00:10:46,581
That's a hell of a commute.
173
00:10:49,606 --> 00:10:53,024
"Tenorskie, Daniel ”
174
00:10:53,083 --> 00:10:57,099
Day student, third section,
enrolled 1977.
175
00:10:57,166 --> 00:10:59,191
So Tenofsky was in New York.
176
00:10:59,258 --> 00:11:02,399
Well, he had a “y”
on the end of his name.
This one has an “ie."
177
00:11:02,464 --> 00:11:05,536
First semester grades...
178
00:11:05,602 --> 00:11:10,228
Second semester...
class rank 302 of 315?
179
00:11:10,293 --> 00:11:12,387
Talk about your underachiever.
180
00:11:12,453 --> 00:11:16,343
Well, he must have burned
a barrel of midnight oil
his second and third years, right?
181
00:11:16,401 --> 00:11:19,416
No.
Well, how the hell did he
graduate with honors?
182
00:11:19,472 --> 00:11:21,440
He didn't... with or without honors.
183
00:11:21,497 --> 00:11:24,604
See for yourself.
He withdrew, 1978.
184
00:11:24,668 --> 00:11:27,142
When the going gets tough,
the tough drop out.
185
00:11:27,200 --> 00:11:29,904
So, who was the guy behind the
desk in the Appeals Bureau?
186
00:11:29,967 --> 00:11:31,935
You got a photo of him in there?
187
00:11:31,992 --> 00:11:35,340
I'd have to go down to the records room
for that.
188
00:11:35,400 --> 00:11:38,000
It'll... take a while.
189
00:11:38,066 --> 00:11:40,034
We'll wait.
190
00:11:41,373 --> 00:11:44,917
Yeah, that's me in law school.
Boy, look at that hairline.
191
00:11:44,983 --> 00:11:47,285
Uh, got a lot more forehead now.
192
00:11:47,346 --> 00:11:49,509
But him... Him I don't recognize.
193
00:11:49,573 --> 00:11:52,990
Who'd wanna impersonate me anyway?
Well, we were hoping you could tell us.
194
00:11:53,049 --> 00:11:57,238
Mike, bring that basket up A.S.A.P.
They're waitin' on you.
195
00:11:57,301 --> 00:12:01,225
Well, yeah, I, uh--
I wanted to be a lawyer, but, uh--
196
00:12:01,282 --> 00:12:03,584
Man, Civil Pro...
I didn't have a clue.
197
00:12:03,645 --> 00:12:06,786
Things usually work out for the best, huh?
I guess.
198
00:12:06,851 --> 00:12:08,946
Well, sorry. I... I can't help you.
199
00:12:09,010 --> 00:12:10,978
Look, around the time
that you were in law school,
200
00:12:11,035 --> 00:12:13,774
somebody got ahold of your social
security number and your date of birth.
201
00:12:13,836 --> 00:12:16,241
Twenty years go.
202
00:12:16,299 --> 00:12:19,038
Managed a bakery, uh, drove a cab.
203
00:12:19,101 --> 00:12:22,207
- Even did a stint as a C.P.A.
- Exciting.
204
00:12:22,272 --> 00:12:25,552
Never had any trouble with my credit
or anything like that.
205
00:12:25,614 --> 00:12:28,019
You hear a lot about
this identity theft stuff, but...
206
00:12:28,076 --> 00:12:29,906
Do you belong to any
professional associations?
207
00:12:29,967 --> 00:12:31,831
Maybe somebody got ahold
of your personal information.
208
00:12:31,890 --> 00:12:36,390
I enrolled in a correspondence school
for accounting.
209
00:12:36,445 --> 00:12:38,977
I don't even know if it exists anymore.
210
00:12:39,045 --> 00:12:41,956
Um, Southwestern Arizona Academy.
211
00:12:42,014 --> 00:12:44,684
Phoenix, Arizona?
You've heard of it.
212
00:12:48,088 --> 00:12:52,518
The Bar Association is trying to figure out
how our Daniel Tenofsky got his credentials,
213
00:12:52,577 --> 00:12:54,545
which they're assuming were bogus.
214
00:12:54,601 --> 00:12:56,938
Good guess.
215
00:12:58,515 --> 00:13:01,496
Gotta tell you, Anita,
I'm mystified.
216
00:13:01,552 --> 00:13:04,394
I worked with Dan
before he went over to Appeals.
217
00:13:05,467 --> 00:13:08,713
We tried a lot of cases together.
218
00:13:08,774 --> 00:13:11,410
He was a first-rate attorney
with a first-rate mind.
219
00:13:11,474 --> 00:13:15,018
His social security number is fake too.
220
00:13:15,084 --> 00:13:17,823
Whatever reason,
it never triggered any alarms.
221
00:13:17,886 --> 00:13:20,452
So, who did I eulogize last night?
222
00:13:20,517 --> 00:13:23,797
You know who was at the memorial,
D.A.'s and ex-D.A.'s and their spouses,
223
00:13:23,858 --> 00:13:26,424
maybe a dozen cops.
224
00:13:26,490 --> 00:13:29,873
I knew every person in that room.
225
00:13:29,933 --> 00:13:34,801
Dan had no other friends there
and no family... no one from outside.
226
00:13:34,859 --> 00:13:40,130
Prints came up empty,
but the Arizona authorities
are confident something will pop.
227
00:13:41,237 --> 00:13:46,507
How did this guy get a job
in the D.A.'s office in the first place?
We're tryin' to find out.
228
00:13:46,569 --> 00:13:52,311
Tenofsky, or whoever he was,
tried dozens of cases...
229
00:13:52,373 --> 00:13:55,583
and argued appeals in every court
from here to Albany.
230
00:13:55,647 --> 00:13:59,156
Every one of those cases
has to be reviewed,
231
00:13:59,224 --> 00:14:02,032
the parties advised,
judges notified.
232
00:14:02,092 --> 00:14:06,384
Any of his cases at risk?
Not at all.
233
00:14:06,445 --> 00:14:08,816
Like I said,
his work was impeccable.
234
00:14:08,875 --> 00:14:12,834
Thank God, because the chief judge
of the appellate division...
235
00:14:12,891 --> 00:14:16,780
has already called Mr. Branch
four times this morning.
236
00:14:16,839 --> 00:14:19,543
If I get anything from Arizona...
237
00:14:19,606 --> 00:14:22,782
I'd appreciate it.
238
00:14:25,612 --> 00:14:29,260
Phoenix P.D.just faxed this over.
239
00:14:29,325 --> 00:14:32,098
Tenofsky's real name
was Jacob Deiter.
240
00:14:32,160 --> 00:14:34,531
Sedona, Arizona, 1958.
241
00:14:34,589 --> 00:14:39,054
University of Phoenix, prelaw.
B.S... Economics, summa cum laude.
242
00:14:39,111 --> 00:14:42,897
Phi Beta Kappa. Took the L.S.A.T.'s--
upper fifth percentile.
243
00:14:42,958 --> 00:14:47,216
- And never applied to law school.
- Why, I can't imagine.
Dan obviously had the chops.
244
00:14:47,278 --> 00:14:50,764
He worked as a paralegal,
then after that, at a software company
245
00:14:50,821 --> 00:14:53,767
After that, it was a series of dead-end jobs.
246
00:14:53,824 --> 00:14:56,424
Wound up at a correspondence college
in Phoenix.
247
00:14:56,490 --> 00:14:59,332
Where he crossed paths
with the genuine Tenofskie.
248
00:14:59,393 --> 00:15:01,659
When the New York Tenofskie
enrolled at the Arizona school,
249
00:15:01,721 --> 00:15:04,667
his life became an open book
to anyone with access to its records.
250
00:15:04,724 --> 00:15:09,245
Deiter glommed Tenofskie's
social security number,
his date of birth.
251
00:15:09,313 --> 00:15:13,467
He changed the “ie" to “y”
to escape easy detection
and faked the rest.
252
00:15:13,532 --> 00:15:16,983
- Nobody checked his bona fides?
- Apparently not.
253
00:15:17,041 --> 00:15:21,126
He was a brilliant attorney, Arthur.
There was never any reason
to doubt his background.
254
00:15:23,420 --> 00:15:25,859
Have we found anything yet
that's relevant to his murder?
255
00:15:25,917 --> 00:15:28,448
Not yet.
256
00:15:28,515 --> 00:15:30,644
Well, in that case,
I'd be delighted to ponder...
257
00:15:30,708 --> 00:15:34,195
the psychological enigma
that was Jacob Deiter,
258
00:15:34,251 --> 00:15:36,553
but I've gotta double-time it
up to the appellate division.
259
00:15:36,614 --> 00:15:38,846
Midonas?
260
00:15:38,909 --> 00:15:41,314
Chief judge Leonidas Midonas.
261
00:15:41,372 --> 00:15:43,570
I'd sooner fess up
to cheatin' on my taxes...
262
00:15:43,633 --> 00:15:46,337
as to hand him
a shaggy-dog story like this.
263
00:15:46,400 --> 00:15:48,666
Tenofsky was appointed by Mr. Schiff.
264
00:15:48,729 --> 00:15:52,619
It doesn't matter whose watch it was on.
Still reflects badly on this office.
265
00:15:52,677 --> 00:15:54,702
But Dan's work doesn't.
266
00:15:54,769 --> 00:15:56,966
I never met Jacob Deiter.
267
00:15:57,030 --> 00:16:00,103
I only knew Dan Tenofsky,
and, I'm telling you,
268
00:16:00,168 --> 00:16:02,700
we lost a good D.A.
269
00:16:08,740 --> 00:16:11,444
Word gets out, every Legal Aid lawyer
from here to Harlem...
270
00:16:11,507 --> 00:16:16,535
will be filing appeals for jailbirds
we all know are guilty as sin.
271
00:16:17,682 --> 00:16:20,018
Well aware of that.
272
00:16:20,078 --> 00:16:22,817
But for what it's worth,
McCoy assures me...
273
00:16:22,879 --> 00:16:25,216
that Tenofsky's convictions
are unassailable.
274
00:16:25,275 --> 00:16:28,889
And just how does he know that?
He's tried a good number of cases
with Tenofsky.
275
00:16:28,954 --> 00:16:33,683
You remember how it is.
You get to know a man
in the trenches, under fire.
276
00:16:33,745 --> 00:16:38,003
- You get to know what makes him tick.
- Mr. McCoy doesn't seem to have
known Mr. Tenofsky at all.
277
00:16:38,065 --> 00:16:40,331
I'm not taking any chances.
278
00:16:40,393 --> 00:16:44,409
My clerks will pore over
25 of Tenofsky's appeals.
279
00:16:44,476 --> 00:16:46,570
I thought it was 50 cases
he argued before your bench.
280
00:16:46,636 --> 00:16:50,652
Since Mr. McCoy vouches
for Mr. Tenofsky's legal acumen
281
00:16:50,719 --> 00:16:53,193
he and Ms. Southerlyn
can comb through the other half.
282
00:16:53,251 --> 00:16:55,621
They'll be delighted to help.
283
00:16:55,680 --> 00:16:59,938
I imagine you'll be giving his trial
matters the once-over as well.
284
00:17:01,822 --> 00:17:04,768
People v. Littman.
Conviction... June 8,1996.
285
00:17:04,824 --> 00:17:08,104
Appealed... October, 1997.
286
00:17:08,166 --> 00:17:11,181
Affirmed per curiam opinion...
January, 1998.
287
00:17:11,237 --> 00:17:13,205
I'm not surprised.
288
00:17:13,261 --> 00:17:15,701
All his appeals look rock-solid.
289
00:17:17,716 --> 00:17:22,848
I'm gonna jump back
to Tenofsky's trial folders.
Okay.
290
00:17:22,913 --> 00:17:25,110
Well, this one looks enticingly light.
291
00:17:26,624 --> 00:17:28,926
People v. Tortomassi et al.
292
00:17:28,987 --> 00:17:32,094
Franco Tortomassi?
293
00:17:32,158 --> 00:17:34,161
Who is he?
294
00:17:34,218 --> 00:17:37,532
He's the underboss
of the Masucci crime family.
295
00:17:37,591 --> 00:17:40,837
When did the office indict him?
296
00:17:40,899 --> 00:17:42,923
It didn't.
297
00:17:45,657 --> 00:17:48,764
But it looks like, 10 years ago,
Tenofsky came close.
298
00:17:50,956 --> 00:17:54,339
Listen to this.
A New York Ledger employee,
Robert Parenti, disappeared.
299
00:17:54,397 --> 00:17:57,309
Body was never found.
300
00:17:57,367 --> 00:17:59,806
The mob kidnapped a reporter?
301
00:17:59,864 --> 00:18:02,372
Mm-mmm. Mr. Parenti
worked on the Ledger loading dock.
302
00:18:02,428 --> 00:18:04,960
And Tenofsky caught this case how?
303
00:18:06,175 --> 00:18:08,199
It doesn't say.
304
00:18:09,515 --> 00:18:13,473
It started out like gangbusters
when he saw it might lead
to Franco Tortomassi.
305
00:18:13,531 --> 00:18:16,005
Grand jury impaneled.
306
00:18:16,062 --> 00:18:19,203
Two witnesses testified
named Biscotti and Libretti...
307
00:18:19,268 --> 00:18:21,776
a.k.a. Biscuits and Books.
308
00:18:23,014 --> 00:18:25,246
Bill of indictment... never filed.
309
00:18:26,995 --> 00:18:28,963
You never heard about this?
310
00:18:29,020 --> 00:18:30,988
I wouldn't necessarily
until the indictment was filed.
311
00:18:31,045 --> 00:18:34,830
And Dan especially...
always played his cards
very close to his vest.
312
00:18:35,904 --> 00:18:39,184
So, why couldn't Dan
make the Parenti case stick?
313
00:18:39,245 --> 00:18:41,270
From where I'm sitting,
it looks like a slam dunk.
314
00:18:41,337 --> 00:18:45,354
Two low-level wise guys were initially
named in the indictment
and then dropped.
315
00:18:45,420 --> 00:18:47,652
Cooperating against Tortomassi.
316
00:18:48,661 --> 00:18:50,629
Well, it must have been
something good,
317
00:18:50,685 --> 00:18:53,321
because Tenofsky was getting them
into Witness Protection.
318
00:18:59,492 --> 00:19:02,875
Jack, all of the witnesses' statements
are missing...
319
00:19:02,935 --> 00:19:07,434
along with a load of other things...
transcripts, blue-backs.
320
00:19:09,380 --> 00:19:11,348
It's all fouled up.
321
00:19:13,193 --> 00:19:16,403
Tortomassi got to Tenofsky somehow.
322
00:19:16,467 --> 00:19:19,274
Dropped the case, gutted the file.
323
00:19:19,335 --> 00:19:23,731
- A bribe?
- Dan cared less about money
than anyone I ever met.
324
00:19:24,802 --> 00:19:29,738
Who was this guy?
325
00:19:29,797 --> 00:19:32,063
Put Briscoe and Green on it.
326
00:19:36,512 --> 00:19:39,112
Biscuits and Books... sounds like
something those two would do.
327
00:19:39,178 --> 00:19:41,238
Always were more ambitious than smart.
328
00:19:41,304 --> 00:19:44,618
What are they doing today?
Made guys.
329
00:19:44,678 --> 00:19:48,429
Biscuits is muscle.
Books does a little this,
a little that.
330
00:19:48,492 --> 00:19:51,403
Old guy in the middle there
is Tortomassi, their boss.
331
00:19:51,461 --> 00:19:53,429
I guess he never found out
that 10 years ago,
332
00:19:53,486 --> 00:19:55,454
those two were ready
to testify against him.
333
00:19:55,510 --> 00:19:57,571
Guess he didn't,
'cause they're still here.
334
00:19:57,636 --> 00:19:59,938
Old man's old-school.
335
00:19:59,999 --> 00:20:03,577
Three years ago, a punk in a car flipped him off
Do we wanna hear the rest of this?
336
00:20:03,643 --> 00:20:07,969
A month later, a couple of his goons
took a knife...
Bye-bye, birdie.
337
00:20:08,030 --> 00:20:11,482
Biscuits and Books are never gonna talk,
with or without their lawyers present.
338
00:20:11,539 --> 00:20:14,244
You know, maybe we should talk
to the widow Parenti.
339
00:20:14,307 --> 00:20:16,838
Maybe she can
shed some light on the matter.
340
00:20:20,415 --> 00:20:23,223
Bobby would've never
walked out on us.
341
00:20:23,283 --> 00:20:26,056
Me maybe.
Not the kids.
342
00:20:26,118 --> 00:20:29,259
So, you believe your husband
is dead, Mrs. Parenti?
343
00:20:30,269 --> 00:20:35,804
Ten years ago, I had Father Gallianto
say a funeral mass for him.
What do you think I think?
344
00:20:35,871 --> 00:20:39,415
Well, ma'am, what is it that your
husband knew that got him killed?
345
00:20:40,933 --> 00:20:44,143
I told all this to that D.A.
Uh...
346
00:20:44,205 --> 00:20:46,369
Mr. Tenofsky.
Yeah, yeah.
347
00:20:46,432 --> 00:20:49,942
I'm sorry, but, if you don't mind,
could you go over it again?
348
00:20:55,544 --> 00:20:58,892
Bobby worked for the Ledger,
you know, but, uh, he didn't.
349
00:20:58,952 --> 00:21:02,772
- You understand?
- A no-show job.
350
00:21:02,834 --> 00:21:06,918
Only thing Bobby knew about newspapers
was sport section's in the back.
351
00:21:08,502 --> 00:21:12,426
Half the guys workin'
on that loadin' dock were no-shows.
352
00:21:12,484 --> 00:21:15,015
So Bobby kicked back
part of his salary,
and everybody was happy.
353
00:21:15,083 --> 00:21:17,315
Except Bobby.
354
00:21:17,378 --> 00:21:21,532
He said the cut should've been 60-40,
with him gettin' 60.
355
00:21:21,595 --> 00:21:25,451
He couldn't stop talkin' about it,
felt cheated.
356
00:21:25,510 --> 00:21:29,561
I told him to shut his mouth
and count his blessings, but...
357
00:21:29,627 --> 00:21:32,435
Somebody hears, figures
he's gonna blow a sweet deal...
358
00:21:32,496 --> 00:21:34,464
and your husband disappears.
359
00:21:35,735 --> 00:21:39,820
One day, he went to pick up
a paycheck... never saw him again.
360
00:21:40,999 --> 00:21:45,763
And you told all this to Mr. Tenofsky?
I even told him who did it.
361
00:21:45,825 --> 00:21:47,793
Bobby knew.
362
00:21:47,850 --> 00:21:51,532
He said, “Anything happens to me,
tell 'em Biscuits and Books done it."
363
00:21:52,541 --> 00:21:55,716
So I told that to Mr. Tenofsky,
364
00:21:55,780 --> 00:21:59,094
but, uh, nothin' ever happened.
365
00:22:06,815 --> 00:22:10,232
Tenofsky had Tortomassi dead to
rights on Bobby Parenti's murder.
366
00:22:10,291 --> 00:22:13,329
Mm-hmm, with Biscuits and Books
as ammo, finger on the trigger.
367
00:22:13,395 --> 00:22:18,158
And then nothin'.
Instead, Tenofsky turns down a promotion,
368
00:22:18,221 --> 00:22:21,236
transfers out of a high-end
trial division to Appeals...
369
00:22:21,292 --> 00:22:23,489
and buries himself in work.
370
00:22:23,553 --> 00:22:26,799
But only after
“Mr. Never Throw Anything Away“
cleaned out his case file.
371
00:22:26,860 --> 00:22:30,438
All in the middle of an investigation
that would've made his reputation.
That's just it.
372
00:22:30,504 --> 00:22:33,853
He wasn't who he said he was.
He couldn't afford a high profile.
373
00:22:33,912 --> 00:22:36,007
That's one explanation
for why he booted the case.
374
00:22:36,073 --> 00:22:38,041
The other is that
the wise guys got to him.
375
00:22:38,097 --> 00:22:40,329
Now, I know you don't
wanna hear that, but...
376
00:22:40,392 --> 00:22:43,465
All this relates to Tenofsky's murder
how exactly?
377
00:22:43,530 --> 00:22:46,269
How, exactly we don't know,
but get this.
378
00:22:46,331 --> 00:22:48,862
Biscuits had an uncle
who owned a pizza parlor...
379
00:22:48,929 --> 00:22:51,910
the same pizza parlor
where Tenofsky's call came from.
380
00:22:51,966 --> 00:22:56,085
The new owner just told us
he never got around
to changing the locks.
381
00:22:56,151 --> 00:22:59,292
The phone call that lured Tenofsky
to his death.
382
00:22:59,357 --> 00:23:02,303
So, what changed
in the basic equation?
383
00:23:02,360 --> 00:23:05,777
Something about Parenti's murder itself?
New evidence? A witness maybe?
384
00:23:05,836 --> 00:23:08,851
Libretti and Biscotti were afraid
the case would resurface.
385
00:23:08,906 --> 00:23:10,967
There's no statute of limitations
on murder.
386
00:23:11,033 --> 00:23:13,841
And no judge will give us a warrant
for what we have.
387
00:23:13,902 --> 00:23:18,228
We'll get around that.
Impanel an investigatory grand jury.
It can issue warrants.
388
00:23:18,288 --> 00:23:21,360
You want to leverage the Parenti case
to look into the Tenofsky murder.
389
00:23:21,426 --> 00:23:26,259
Detectives, investigate Parenti's
disappearance like it happened yesterday.
390
00:23:30,335 --> 00:23:34,155
Why all the interest in one dead
paisan 10 years down the road?
391
00:23:34,216 --> 00:23:38,209
Humor us, shop steward.
After all, he was one of yours.
392
00:23:38,265 --> 00:23:40,233
Bobby Parenti was a schnorer.
393
00:23:40,290 --> 00:23:44,007
Never did a day's work in his life.
Expected time-and-a-half for it.
394
00:23:44,069 --> 00:23:46,233
Man, if you could just
answer the question.
395
00:23:47,782 --> 00:23:51,637
Came in every Thursday,
pretended like he
actually worked here.
396
00:23:51,696 --> 00:23:53,825
I take it Thursday's payday
397
00:23:53,890 --> 00:23:59,333
One payday, he was real quiet,
kept lookin' over his shoulder
nervous-like.
398
00:23:59,390 --> 00:24:02,198
That's 'cause he knew
somebody was after him.
Biscuits and Books.
399
00:24:02,259 --> 00:24:06,044
Hey, I never said nothin'
about those two mooks.
400
00:24:06,106 --> 00:24:08,131
You saw them?
They were here?
401
00:24:09,143 --> 00:24:12,687
And you told Tenofsky.
You kidding?
402
00:24:12,753 --> 00:24:14,986
Okay, so Biscuits and Books...
403
00:24:16,162 --> 00:24:18,359
They were waiting for him
across the street.
404
00:24:18,423 --> 00:24:22,612
I seen 'em.
Parenti seen 'em too.
Went white as a ghost.
405
00:24:22,675 --> 00:24:25,989
He left. Biscuits and Books
were right behind him.
406
00:24:26,050 --> 00:24:29,663
We gotta get ahold of the detective
who caught the Parenti murder.
407
00:24:31,145 --> 00:24:34,286
So Biscuits and Books
scoop Parenti up.
408
00:24:34,351 --> 00:24:36,319
Yeah, and he disappears forever.
409
00:24:36,376 --> 00:24:39,356
The thing that bothers me
is how Tenofsky figured
to make the case without a body.
410
00:24:39,413 --> 00:24:43,061
And without that shop steward's info
that Biscuits and Books tailed Parenti.
411
00:24:43,125 --> 00:24:46,036
So, where is this Detective Michel
with all the answers?
There he is.
412
00:24:46,094 --> 00:24:49,511
Hey, man. What's up? Detective Green.
Ted Michel.
413
00:24:49,570 --> 00:24:51,538
Hiya, Ted.
Hi, Lennie. How are ya?
414
00:24:51,595 --> 00:24:55,415
So, what happened here?
The driver... stupid bastard...
forgot it wasn't his money.
415
00:24:55,475 --> 00:25:00,170
You got witnesses?
Deaf, dumb and blind.
Come on. Let's walk.
416
00:25:00,234 --> 00:25:04,250
Reason I called,
you worked with Tenofsky
on this Parenti case.
417
00:25:04,317 --> 00:25:06,653
Yeah, we hit it off.
That's why I brought him
the Parenti thing.
418
00:25:06,712 --> 00:25:09,348
You had no witnesses and nobody.
How'd y'all crack the case?
419
00:25:09,413 --> 00:25:11,610
The best way there is...
dumb luck.
420
00:25:11,673 --> 00:25:14,446
We had a snitch. He's dead now,
421
00:25:14,508 --> 00:25:18,259
but he heard Biscuits and Books
talkin' about it in some gin mill
in Far Rockaway.
422
00:25:18,322 --> 00:25:21,061
So the snitch told you
Biscuits and Books
killed Parenti.
423
00:25:21,122 --> 00:25:23,090
Yeah, but one thing
always bugged me.
424
00:25:23,147 --> 00:25:26,530
- Biscuits and Books had an alibi for that day.
- You remember what it was?
425
00:25:26,589 --> 00:25:29,155
They worked construction
when they weren't busting arms.
426
00:25:29,221 --> 00:25:31,695
Crew swore up and down
they were on a concrete pour.
427
00:25:31,752 --> 00:25:34,824
And you don't know how Tenofsky
broke their alibi?
No idea.
428
00:25:34,891 --> 00:25:38,676
But he told me they sang
like the proverbial bird...
who, what, when, where.
429
00:25:38,737 --> 00:25:41,373
Why weren't their statements
included in the files?
430
00:25:41,437 --> 00:25:43,969
You'd have to ask Tenofsky.
431
00:25:44,036 --> 00:25:47,522
Ted, you have any idea
what happened to derail this thing?
432
00:25:47,579 --> 00:25:50,755
Biscuits and Books hired a mob lawyer.
All of a sudden, it was “ Katy, bar the door."
433
00:25:50,819 --> 00:25:52,787
Case closed.
434
00:25:55,982 --> 00:25:58,513
Ms. Southerlyn, I have advised my clients
not to speak.
435
00:25:58,580 --> 00:26:00,605
Kindly direct your remarks to me.
436
00:26:00,672 --> 00:26:03,146
They seemed ready to testify
against Tortomassi...
437
00:26:03,203 --> 00:26:05,769
in exchange for a grant of immunity
10 years ago.
438
00:26:07,185 --> 00:26:11,304
Without confirming or denying that assertion,
circumstances have changed.
439
00:26:11,370 --> 00:26:13,775
Meaning they're no longer willing
to turn on their boss.
440
00:26:13,833 --> 00:26:18,390
Meaning only that my clients are now
both successful businessmen.
441
00:26:18,456 --> 00:26:22,645
They're wise guys, and either
they're going to cooperate
or they're going to jail.
442
00:26:22,708 --> 00:26:27,000
- Oh, they've been to jail, counselor.
- Parenti's murder's
gonna put them away forever.
443
00:26:27,061 --> 00:26:31,077
Ms. Southerlyn, I agreed to see you
because I wanted to find out
what you had
444
00:26:32,089 --> 00:26:34,794
You've told me enough
to make me realize you have nothing.
445
00:26:37,725 --> 00:26:40,130
Biscuits and Books
were at the meeting?
446
00:26:40,188 --> 00:26:45,194
If Wachtler's worried enough
to circle the wagons, we must be close.
Not close enough.
447
00:26:45,250 --> 00:26:47,782
Tell Van Buren to have
Biscotti and Libretti arrested.
448
00:26:47,848 --> 00:26:50,829
With what?
I'll get Judge Midonas
to issue the warrants.
449
00:26:50,885 --> 00:26:53,049
Jack.
Just do it.
450
00:26:55,239 --> 00:26:57,713
Hey!
451
00:26:57,770 --> 00:27:00,612
All right! Sit, stay.
452
00:27:00,672 --> 00:27:02,640
My lawyer told me to expect
a stunt like this.
453
00:27:02,697 --> 00:27:04,665
Oh, your lawyer's a wise man.
454
00:27:04,722 --> 00:27:08,266
Anthony Biscotti, you're under arrest
for the murder of Robert Parenti.
455
00:27:08,332 --> 00:27:11,508
You have the right to remain silent.
Good, 'cause I got nothin' to say.
456
00:27:11,572 --> 00:27:13,874
Frederico Libretti.
457
00:27:13,934 --> 00:27:17,651
You're under arrest
for the murder of Robert Parenti.
458
00:27:17,714 --> 00:27:21,534
Never heard of him
You should. You killed him 10 years ago.
459
00:27:21,594 --> 00:27:23,562
Turn around, man.
460
00:27:25,407 --> 00:27:28,388
You have the right to remain silent.
Anything you say can be used
against you in a court of law.
461
00:27:28,445 --> 00:27:30,712
Watch your step.
You have the right to an attorney.
462
00:27:33,203 --> 00:27:36,114
People v. Anthony Biscotti
and Frederico Libretti.
463
00:27:36,172 --> 00:27:39,014
One count each,
murder in the second degree.
464
00:27:39,075 --> 00:27:41,951
- Pleas, gentlemen.
- Not guilty.
465
00:27:42,011 --> 00:27:45,969
- Me too.
- Would “me too's" attorney
care to amend the record?
466
00:27:46,027 --> 00:27:47,995
Mr. Libretti enters a plea
of not guilty, Your Honor.
467
00:27:48,050 --> 00:27:52,516
The defendants are persistent,
violent felons facing mandatory
life upon conviction.
468
00:27:52,573 --> 00:27:55,209
Say no more. Remand for both.
469
00:27:55,273 --> 00:27:57,401
Good day, Mr. Wachtler.
Next case, please.
470
00:27:58,444 --> 00:28:00,884
It didn't have to come to this.
471
00:28:00,942 --> 00:28:03,715
Of course it did.
Your clients killed Robert Parenti.
472
00:28:03,776 --> 00:28:07,320
They admitted it to Tenofsky
10 years ago.
473
00:28:07,388 --> 00:28:10,299
If you'd had any proof of that, McCoy
my little chat with your assistant...
474
00:28:10,357 --> 00:28:12,382
would have had
an entirely different tenor.
475
00:28:12,449 --> 00:28:17,547
Just out of curiosity,
how did you get Tenofsky
to drop the investigation?
476
00:28:17,612 --> 00:28:19,707
My sources tell me you can't find
most of his case file.
477
00:28:19,772 --> 00:28:24,271
I don't need his file to make
the case against your clients
for the Parenti murder.
478
00:28:24,328 --> 00:28:26,594
Only I don't really care
about the Parenti murder.
479
00:28:26,656 --> 00:28:29,395
I only care about Daniel Tenofsky.
480
00:28:29,456 --> 00:28:31,689
I'll apprise my clients of your concerns.
481
00:28:31,751 --> 00:28:35,169
Tell them, if I don't find out
who killed Tenofsky,
482
00:28:35,227 --> 00:28:37,391
they go to prison for life
for Parenti.
483
00:28:37,454 --> 00:28:41,171
As to that, my clients
testified in the grand jury.
484
00:28:41,234 --> 00:28:45,250
Under the criminal procedure law,
they received automatic
transactional immunity.
485
00:28:45,318 --> 00:28:47,883
I'm familiar with C.P.L. 190.40.
486
00:28:47,949 --> 00:28:52,414
Then you know you can't prosecute them
for Parenti's murder, no matter
what their level of participation.
487
00:28:52,472 --> 00:28:55,648
That statute
is subject to interpretation.
488
00:28:55,711 --> 00:28:59,462
You're familiar with this, too,
I presume?
489
00:29:01,988 --> 00:29:05,636
Motion to dismiss all charges
against Messrs. Libretti and Biscotti.
490
00:29:05,700 --> 00:29:10,257
Any cooperation from my clients
will be completely voluntary.
491
00:29:14,912 --> 00:29:17,892
Ironic they're claiming immunity
because they talked to the grand jury,
492
00:29:17,949 --> 00:29:21,804
and we can't prove they killed Parenti,
because the grand jury minutes
are missing.
493
00:29:21,864 --> 00:29:26,559
Yes, but Tenofsky did a thorough job
of stripping his file...
494
00:29:26,621 --> 00:29:30,004
grand jury transcripts,
witness statements.
495
00:29:30,064 --> 00:29:33,550
So we don't know for sure
that Biscotti and Libretti
actually testified.
496
00:29:33,607 --> 00:29:36,243
No testimony, no immunity.
497
00:29:36,307 --> 00:29:38,275
I only know what I can prove.
498
00:29:38,332 --> 00:29:42,624
- The grand jury reporter?
- Retired. Junked her tapes years ago.
499
00:29:42,685 --> 00:29:46,298
- What about the grand jury warden?
- Died in 1995.
500
00:29:46,363 --> 00:29:50,414
So really there's no proof
that they ever spilled their guts.
501
00:29:50,480 --> 00:29:54,300
Whereas, if judge Bradley upholds
immunity for these two cowboys...
502
00:29:54,361 --> 00:29:56,697
Our leverage on the Tenofsky murder
goes out the window.
503
00:29:56,757 --> 00:30:00,301
We take the position
that Books and Biscuits never testified,
504
00:30:00,367 --> 00:30:02,600
therefore,
weren't properly immunized.
505
00:30:02,662 --> 00:30:04,998
To get them to tell us what they know
about the Tenofsky killing.
506
00:30:05,058 --> 00:30:07,797
And round and round she goes.
507
00:30:11,335 --> 00:30:17,375
Mr. McCoy, the Tenofsky debacle
does not constitute an excuse
for sloppy record keeping.
508
00:30:17,443 --> 00:30:22,921
If our suspicions are correct, sir,
Mr. Tenofsky only disposed
of the Parenti materials...
509
00:30:22,977 --> 00:30:25,002
at the bidding of the defendants.
510
00:30:25,070 --> 00:30:28,050
The D.A. has “suspicions,”
and he wants to hang my guys?
511
00:30:28,107 --> 00:30:30,132
They could use hanging, counselor.
512
00:30:31,448 --> 00:30:35,061
C.P.L. 190 says the defendants
are immune from prosecution...
513
00:30:35,126 --> 00:30:39,084
if they testified
in the Parenti grand jury.
514
00:30:39,142 --> 00:30:43,296
Tenofsky was arranging
for the defendants to enter
the Witness Protection Program.
515
00:30:43,359 --> 00:30:46,029
He'd hardly have done that
if they weren't cooperating.
516
00:30:46,093 --> 00:30:49,810
That evidence suggests only
that the defendants may have
considered testifying.
517
00:30:49,872 --> 00:30:51,841
There's no proof
that they actually did.
518
00:30:51,897 --> 00:30:53,865
The statute is clear.
519
00:30:53,922 --> 00:30:58,283
Immunity doesn't attach
until the witness is swam and testifies.
520
00:30:58,343 --> 00:31:00,943
Which I assure you they did.
You want me to conclude...
521
00:31:01,009 --> 00:31:05,876
that your clients, in fact,
appeared before the grand jury
because you say they did?
522
00:31:07,623 --> 00:31:11,846
- What turnip truck do you figure
I fell off of, Mr. Wachtler?
- Judge.
523
00:31:11,908 --> 00:31:16,430
Your choirboys were prepared
to cut a deal once, counselor
Why not go two for two?
524
00:31:19,029 --> 00:31:22,607
There being no demonstrable
imposition of immunity here,
525
00:31:23,787 --> 00:31:27,366
the People are free
to pursue prosecution
against these defendants.
526
00:31:30,030 --> 00:31:33,448
How are we gonna prove
Biscotti and Libretti killed Parenti...
527
00:31:33,505 --> 00:31:35,945
without a body,
the snitch or a motive?
528
00:31:37,218 --> 00:31:39,923
Tenofsky thought
he had enough of a case
to go after Tortomassi...
529
00:31:39,985 --> 00:31:41,953
with Libretti and Biscotti as witnesses.
530
00:31:42,010 --> 00:31:44,518
Yeah, well, whatever's
missing from his files...
531
00:31:44,574 --> 00:31:47,612
would come in handy
right about now.
532
00:31:55,002 --> 00:31:57,476
What did the arresting officer
say about their alibi?
533
00:31:57,532 --> 00:32:00,340
Working a construction job.
534
00:32:00,401 --> 00:32:03,852
Their alibi was Tenofsky's proof.
535
00:32:04,957 --> 00:32:08,708
Tenofsky was certain
that Biscuits and Books killed Parenti...
536
00:32:08,770 --> 00:32:12,889
because Tenofsky knew
where they stashed the body.
537
00:32:21,998 --> 00:32:23,966
Got a pair of hands here.
538
00:32:26,925 --> 00:32:28,950
Bobby Parenti.
539
00:32:33,708 --> 00:32:36,688
In the flesh, so to speak.
540
00:32:36,745 --> 00:32:39,449
How the hell did you know
where to find him, counselor?
541
00:32:39,512 --> 00:32:43,263
Tenofsky... Dan would never open
a grand jury on the say-so of a snitch.
542
00:32:43,326 --> 00:32:46,904
So you figured he had more.
And I think he wanted us to find it.
543
00:32:48,421 --> 00:32:51,735
Dan gutted most of the case file
but not all of it.
544
00:32:51,796 --> 00:32:55,282
He left a Department of Public Works
order form
Now you lost me.
545
00:32:55,339 --> 00:32:58,480
Ten years ago, the city
was ripping up this same area.
546
00:32:58,545 --> 00:33:03,447
The concrete subcontractor
doing the work
was Tortomassi Ready Mix.
547
00:33:03,505 --> 00:33:06,382
Biscuits' and Books' alibi...
those dumb bastards.
548
00:33:06,441 --> 00:33:08,673
Killed Parenti and buried him
in the abutment.
549
00:33:08,736 --> 00:33:12,153
Then when they heard the city
was ripping everything up again,
they knew the body would be found.
550
00:33:12,212 --> 00:33:16,401
And the only one who could tie it
to the Three Amigos
was Dan Tenofsky.
551
00:33:16,464 --> 00:33:18,432
Let's call Wachtler,
552
00:33:18,489 --> 00:33:22,102
ask him if his clients are ready now
to testify against their boss again.
553
00:33:28,173 --> 00:33:30,141
You got Parenti's body.
So what?
554
00:33:30,198 --> 00:33:33,110
We dug him
out of a construction site
where your clients worked.
555
00:33:33,167 --> 00:33:35,192
Along with a hundred other guys.
Again, so what?
556
00:33:35,260 --> 00:33:38,643
We re-covered skin
from under Parenti's fingermails.
557
00:33:38,703 --> 00:33:41,683
The M.E. says
there's more than enough
for a D.N.A. match.
558
00:33:45,181 --> 00:33:49,105
My guys might be willing to reiterate
their original statements
for the original deal.
559
00:33:49,163 --> 00:33:52,845
Which was?
Man two, five years probation.
560
00:33:53,955 --> 00:33:57,637
Dan Tenofsky never
would make that deal.
Why would I?
561
00:33:58,882 --> 00:34:03,036
Because they can give you
the man who ordered
Parenti and Tenofsky's murder.
562
00:34:04,247 --> 00:34:06,584
I need you to say his name.
563
00:34:12,076 --> 00:34:14,044
Franco Tortomassi.
564
00:34:18,623 --> 00:34:21,028
Man one, 12 1/2 to 25.
565
00:34:21,087 --> 00:34:23,963
They sign a waiver of immunity
before they testify.
566
00:34:27,127 --> 00:34:29,394
it's as good as--
567
00:34:31,818 --> 00:34:34,085
Done.
568
00:34:34,146 --> 00:34:37,127
Tortomassi gave the order
on Parenti.
569
00:34:37,183 --> 00:34:39,116
The old man hates a squeaky wheel.
570
00:34:39,175 --> 00:34:43,225
- What about Tenofsky?
- He ordered us to hit him too.
571
00:34:43,291 --> 00:34:45,385
How did you get to Tenofsky
originally?
572
00:34:46,565 --> 00:34:49,672
Did you threaten him to get
him to drop the Parenti case?
573
00:34:49,736 --> 00:34:52,441
What threat? Fifty grand,
he made the Parenti thing go away.
574
00:34:52,504 --> 00:34:55,819
Yeah. All it took was a half a yard.
575
00:34:55,878 --> 00:35:00,308
- I don't believe he took a bribe from you.
- You believe what you want, pally.
576
00:35:00,367 --> 00:35:04,256
And when the city started
to mg up the abutment
where Parenti's body was buried
577
00:35:04,315 --> 00:35:07,123
Tortomassi told you
to kill Tenofsky.
578
00:35:07,183 --> 00:35:09,151
Old man said,
“Make it look like a robbery.“
579
00:35:09,208 --> 00:35:14,444
- But numb-nuts here
plunked him in the heart.
- He's dead, right?
580
00:35:21,930 --> 00:35:26,395
Franco Tortomassi.
You're under arrest for the murders
of Robert Parenti and Jacob Deiter,
581
00:35:26,452 --> 00:35:28,476
a.k.a. Daniel Tenofsky.
582
00:35:28,544 --> 00:35:30,880
Tell Mr. McCoy he's making a mistake.
583
00:35:30,940 --> 00:35:34,254
Oh, I don't think he gives a damn.
You have the right to remain silent.
584
00:35:34,315 --> 00:35:37,353
Anything you say can be used
against you in a court of law.
You have the right to an attorney.
585
00:35:39,342 --> 00:35:43,301
Mr. Tortomassi had nothing to do
with either of these awful events.
586
00:35:43,359 --> 00:35:47,616
Your client was behind
the no-show job scam at the Ledger,
587
00:35:47,678 --> 00:35:50,382
which led him to order the murder
of Robert Parenti.
588
00:35:50,445 --> 00:35:54,599
He denies that.
Which in tum necessitated,
10 years later,
589
00:35:54,664 --> 00:35:56,688
the killing of Daniel Tenofsky.
590
00:35:56,756 --> 00:35:59,460
Your employees have already
pled guilty to killing both of them.
591
00:35:59,523 --> 00:36:02,906
On your orders.
And you believe them?
592
00:36:02,965 --> 00:36:06,037
Tweedledeedee
and Tweedledeedum?
593
00:36:08,600 --> 00:36:13,260
I'm old-school, Mr. McCoy.
I wouldn't do that.
594
00:36:14,404 --> 00:36:17,914
No cops, no D.A.'s.
595
00:36:17,981 --> 00:36:21,191
Are you accepting
responsibility for Parenti's murder?
596
00:36:21,255 --> 00:36:23,315
You misunderstand.
597
00:36:23,381 --> 00:36:26,626
My client denies any involvement
in these events whatsoever.
598
00:36:26,688 --> 00:36:28,656
Let's go, Franco.
599
00:36:31,311 --> 00:36:34,694
My condolences on your loss, Mr. McCoy.
600
00:36:48,352 --> 00:36:51,126
Looks like you get your slam dunk
after all, Jack,
601
00:36:51,187 --> 00:36:54,225
plus a little retribution
for Dan Tenofsky.
602
00:36:54,292 --> 00:36:57,330
I'm concerned actually.
Why wouldn't Tortomassi take a plea?
603
00:36:57,397 --> 00:36:59,365
You come from a long line of worriers.
604
00:36:59,421 --> 00:37:01,446
His henchmen are testifying
against him.
605
00:37:01,513 --> 00:37:05,023
We gave him a fair glimpse
at the evidence in a strong case.
606
00:37:05,090 --> 00:37:07,427
And he wasn't interested?
Not even a nibble.
607
00:37:12,414 --> 00:37:16,234
We weren't paid for killin' Parenti,
not like people think.
608
00:37:16,294 --> 00:37:20,586
- But you did kill Mr. Parenti...
you and Mr. Biscotti.
- Oh, yeah.
609
00:37:20,647 --> 00:37:24,099
The boss told Tony to kill him.
We killed him.
610
00:37:24,157 --> 00:37:26,181
"The boss"?
611
00:37:27,329 --> 00:37:29,297
Mr. Tortomassi.
612
00:37:29,354 --> 00:37:32,024
What did you receive for your efforts?
613
00:37:32,088 --> 00:37:34,251
An obbligato... a debt.
614
00:37:34,315 --> 00:37:36,375
Mr. Tortomassi was...
615
00:37:36,441 --> 00:37:40,019
honor bound to us, you know,
in the organization.
616
00:37:45,517 --> 00:37:50,143
You killed Parenti, you and Mr. Libretti.
Yeah.
617
00:37:50,208 --> 00:37:54,730
- And you killed Jacob Deiter,
also known as Daniel Tenofsky.
- Yeah.
618
00:37:54,798 --> 00:37:59,965
You shot him in the chest, and then you
stabbed him more than a dozen times?
619
00:38:00,028 --> 00:38:02,157
I didn't count, counselor.
620
00:38:02,222 --> 00:38:06,411
- And you did these killings
at the behest of Mr. Tortomassi
- “ Behest."
621
00:38:06,474 --> 00:38:08,568
You mean, did the boss order the hit?
622
00:38:08,634 --> 00:38:10,602
Yeah, at his behest.
623
00:38:10,659 --> 00:38:13,294
He called Freddy, but we did it together.
624
00:38:13,358 --> 00:38:16,200
And presumably
we should believe you now...
625
00:38:16,260 --> 00:38:21,231
- based on your lifelong pattern
of lies and perjury...
- Objection.
626
00:38:21,288 --> 00:38:23,256
And murder...
Objection.
627
00:38:23,313 --> 00:38:28,249
- Deceit...
- Counselor. Rephrase or move on, counselor.
628
00:38:30,366 --> 00:38:32,461
Jury's eating it up.
629
00:38:32,525 --> 00:38:35,126
It's been a while since the city
had a real mob boss on trial.
630
00:38:39,579 --> 00:38:41,673
Serena.
631
00:38:41,738 --> 00:38:45,282
Libretti said Biscotti got the order
to hit Parenti.
632
00:38:45,348 --> 00:38:49,433
So?
Biscuits said Books received the go-ahead.
633
00:38:49,500 --> 00:38:54,597
That's a slip of the tongue.
Well-prepped witnesses
do not slip, not like that.
634
00:38:54,663 --> 00:38:57,770
You can't blame yourself Jack.
We prepped them
as much as we could.
635
00:38:57,835 --> 00:39:01,586
- Not how we prepped them.
How Wachtler did.
- Wachtler?
636
00:39:01,648 --> 00:39:05,135
He's been handling
those two and us all along.
637
00:39:05,191 --> 00:39:08,172
How and why?
I'm not sure yet.
638
00:39:08,228 --> 00:39:10,426
But if he orchestrated this discrepancy,
I have to ask,
639
00:39:10,490 --> 00:39:13,401
what else are those two lying about?
640
00:39:13,459 --> 00:39:18,016
Pull Wachtler's LUDS, his C.V...
anything you can get on him.
641
00:39:20,613 --> 00:39:26,528
Biscuits and Books are so dumb,
they don't remember who told who
to kill Parenti and Tenofsky.
642
00:39:26,586 --> 00:39:29,025
They got nervous.
Trivial error.
643
00:39:29,084 --> 00:39:31,960
Even Tortomassi's lawyer
didn't pick it up.
644
00:39:32,020 --> 00:39:35,403
He may be slipping.
I'm not.
645
00:39:35,461 --> 00:39:38,947
Jack.
Tenofsky loved what he did.
646
00:39:39,004 --> 00:39:44,009
He loved the D.A.'s office, loved trial work.
647
00:39:44,067 --> 00:39:46,333
He even loved the Appeals Bureau.
648
00:39:46,395 --> 00:39:52,241
The only thing that could've stopped him
from going after your clients
was the fear of losing all of that.
649
00:39:52,300 --> 00:39:56,730
Back in 1978, you were a night student
at Brooklyn Law,
650
00:39:56,789 --> 00:39:59,320
but you took one day class.
651
00:39:59,387 --> 00:40:03,277
- Corporations with Professor Hoffman.
- I barely remember it.
652
00:40:03,335 --> 00:40:07,835
You had a classmate... the real Daniel
Tenofskie, the one who dropped out.
653
00:40:07,890 --> 00:40:10,019
You sat across the aisle from him
for six months.
654
00:40:10,084 --> 00:40:14,043
So, when Libretti and Biscotti and you...
655
00:40:14,100 --> 00:40:17,380
had your first sit-down
with our Dan Tenofsky...
656
00:40:17,441 --> 00:40:21,836
whose real name was Jacob Deiter...
you knew he was a fake.
657
00:40:23,482 --> 00:40:27,774
- You'll never prove that.
- Your clients did not bribe Tenofsky.
658
00:40:29,185 --> 00:40:31,209
They blackmailed him...
659
00:40:32,661 --> 00:40:34,629
with your help.
660
00:40:37,722 --> 00:40:41,715
They threatened to expose him,
threatened to take away his identity,
661
00:40:41,771 --> 00:40:43,969
take away the life he'd built for himself.
662
00:40:46,496 --> 00:40:48,625
You want me to testify
against these guys.
663
00:40:48,690 --> 00:40:51,095
Libretti, Biscotti and Tortomassi.
664
00:40:51,152 --> 00:40:55,548
- I'll need to go into Witness Protection
- You'll testify and go to jail.
665
00:40:55,607 --> 00:40:57,805
And if I'm in a good mood,
666
00:40:57,868 --> 00:41:02,057
I'll consider arranging segregation
from the general population.
667
00:41:07,148 --> 00:41:12,418
- You can cut Tortomassi loose.
- He was telling the truth?
He wasn't involved?
668
00:41:12,480 --> 00:41:14,505
For once.
669
00:41:15,820 --> 00:41:18,525
Biscuits and Books
did the whole thing.
670
00:41:18,587 --> 00:41:20,992
The old man never knew
about any of it.
671
00:41:22,165 --> 00:41:25,651
The union scam, Parenti's hit,
Tenofsky... none of it.
672
00:41:26,789 --> 00:41:29,021
They were always afraid
Tortomassi would find out...
673
00:41:29,083 --> 00:41:31,753
what they'd been doing
behind his back all these years.
674
00:41:31,816 --> 00:41:33,784
Why did they kill Dan?
675
00:41:33,841 --> 00:41:35,865
When Tenofsky heard they were
about to find the body,
676
00:41:35,933 --> 00:41:38,971
he started talking
about coming forward
677
00:41:39,038 --> 00:41:42,284
confessing to what he'd done
in the Parenti case.
678
00:41:48,453 --> 00:41:51,053
The sentencing of the three defendants
in this matter...
679
00:41:51,119 --> 00:41:55,779
to terms which assure they will never
return to the streets of New York...
680
00:41:55,843 --> 00:41:59,352
concludes a sad chapter
in our city's history.
681
00:42:02,120 --> 00:42:06,309
Dan left just enough in the file
to make a case against
Books, Biscuits and Wachtler.
682
00:42:06,372 --> 00:42:08,535
Tenofsky could've tossed
the whole thing.
683
00:42:08,599 --> 00:42:11,614
We caught a break.
His obsessive side won out.
684
00:42:11,670 --> 00:42:13,638
It wasn't that.
685
00:42:13,694 --> 00:42:18,631
He just couldn't strip the file.
He couldn't strip himself
of that last shred of honesty.
686
00:42:18,689 --> 00:42:21,463
Arizona P.D. couldn't find a brother.
687
00:42:21,523 --> 00:42:26,045
I was never sure if he was real or...
or just another creation.
688
00:42:26,113 --> 00:42:29,220
He has no family, Jack,
no next of kin.
689
00:42:29,285 --> 00:42:31,254
What do you want me to do
with his personal effects?
690
00:42:31,310 --> 00:42:35,130
What personal effects?
Those were more like props.
691
00:42:35,191 --> 00:42:39,241
So, who was he really...
Deiter or Tenofsky?
692
00:42:39,308 --> 00:42:41,333
Who knows?