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?