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NARRATOR:
In the criminal justice system
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the people are represented by two
separate yet equally important groups,
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the police
who investigate crime
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and the district attorneys
who prosecute the offenders.
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These are their stories.
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I have to pick up my check
in the morning, Doeshee.
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So, you're gonna be
all alone tomorrow, okay?
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Yeah, nice, yeah.
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(sun FIRING)
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0h. my God!
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Barneys is good.
Bergdorf's.
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99 bucks. Century 21.
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With avest.
You look great in a vest.
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What's on the menu, Sarge?
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Rice and beans.
In his twenties.
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Three shots to the chest.
I don't like that.
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Sorry, no offense.
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Who is he?
No wallet, no ID.
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Any cash?
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Just some loose change.
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What do we got
in the way of witnesses?
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Not much. Guy upstairs heard
some shots, called it in.
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Him and ten other people.
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All right, thanks.
We'll get a canvass going.
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Cheap shoes
and Kmart duds.
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Not a guy you'd think
be target for a robbery.
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Do you see
where you're headed, Falco?
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I had just come out to walk my
dog when I heard the shots.
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But you told the other officers
that you were a witness.
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I ran back into
my vestibule.
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Did you actually
see anything, miss?
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A dead man on the sidewalk.
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Well, I'm afraid
that's not much help.
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It's not my fault. I've lived
on this block for two years.
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It seems like the cops are
here every other night.
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Why is that?
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It's mostly because of
that bar down the street.
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El Gato Rojo?
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There are fights there all the time. Men
hanging out on the sidewalk at all hours.
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They really should close
that place down.
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(MEN SHOUTING)
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Police!
NYPD.
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(SPEAKING SPANISH)
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Bartender, turn down
that television.
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Does anyone in here
recognize this man?
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You, sir, do you
recognize this man?
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Nobody recognizes him, huh?
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Well, that's too bad.
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Because this man is not going
home to his family tonight.
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What happened to him?
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He just got shot down
the street from here.
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Come on, somebody in here
had to see something.
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I was here about half an hour
before the cop cars came.
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Scram.
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There was this white guy
standing out there.
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What's unusual
about that?
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He seemed nervous, like he
was waiting for somebody.
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Height, weight,
hair color?
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He was wearing a jacket
with a logo on the back.
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What kind of logo?
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It was in the shape
of a triangle.
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But he didn't look like
he was from around here.
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Why's that?
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Well, most of the white folk
around here are young.
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He looked old.
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Three gunshot wounds
to the chest.
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Looks like one went
directly into his heart.
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I'll know more
after I open him up.
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If he doesn't blow away first.
This guy looks small.
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Yeah, 5'2",
114 pounds.
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Yeah, but cut. Check out
his biceps and forearms.
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He has calluses
on both of his hands.
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My guess is that he's some
kind of manual laborer.
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Would you do me a favor and
look inside his mouth, please?
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Sure.
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Acid erosion on his teeth.
He was bulimic.
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This guy could be ajockey.
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That's how a lot of them
make their weight.
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They regurgitate their food, and their
digestive acids eat away at their teeth.
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Lovely.
Keep us in the loop, Doc.
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We've checked out
every building on that block,
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and nobody, and I mean
nobody, knows this guy.
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Or that's what they're saying.
You check with Missing Persons?
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Yeah, we did.
We got skunk there, too.
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Fontana called it.
Prints came back.
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He was licensed by
the State Racing Board.
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Thank you very much.
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Name is Oscar Salazar.
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Came here last March
on a visa from Panama.
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You have
a current address?
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Dorm Number Three,
New York Downs Racetrack.
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No betting on city time.
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FALCO". We' re lost!
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The guy said
it was past Barn 22.
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Where's that?
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Like I should know.
Keep walking.
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Like another world
back here.
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(HORSE NEIGHING)
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Excuse me. We're looking
for Dorm Number Three?
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You passed it.
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This is gonna be hell
on the Belgian loafers.
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This is where Oscar sleeps.
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Was he here last night?
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He left around 6:00
and he never came in.
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Any idea where he was?
No.
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How about you guys?
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(BOTH SPEAKING SPANISH)
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We don't know where he is.
He never stayed out before.
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Well, I'm afraid I have some
bad news for you fellas.
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Oscar was found dead
last night.
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Is this his family?
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Yeah, it's his wife and kids.
They're in Panama.
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Oscar came here to ride. He was
a pretty big jock back home,
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but this is where
the money is.
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How was he doing?
Not so good.
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Oscar maybe got
one or two mounts a week.
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Usually a bum.
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He had to hot walk and work horses
just to make a few bucks to send home.
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He have any trouble
with anyone back here?
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I've never met anybody with a
bigger chip on his shoulder.
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He was always getting
into it with somebody.
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Track Security was here looking
for him just a few days ago.
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Yeah, that's right. He was involved
in an altercation with a trainer.
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Outside the Racing
Secretary's office.
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A guy named
Burton Fenster.
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What kind of altercation?
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I never found out.
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But a dozen people said they saw them
pushing and screaming at each other.
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We heard that this kid Salazar
is a bit of a hothead.
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Yeah, but Fenster's
no bargain, either.
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I mean, 95% of the trainers out
here are on the up-and-up.
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Fenster's in
the other category.
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He's been suspended twice
for doping horses.
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You think
he'd get the message.
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We test for over
80 substances,
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but there's always
a new angle.
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What's this guy Fenster
look like?
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White guy, late forties.
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Yeah, I had an argument
with Oscar. What of it?
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You mind telling us
what it was about?
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What else? Money.
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How about being
more specific?
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He was supposed to hot walk
three of my horses last Sunday.
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And he didn't?
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He was a little confused.
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Size one feet,
size one brains.
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We heard it turned
into World War Ill.
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Fifteen bucks
is 15 bucks.
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Hey, why all these
questions about Oscar?
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Because he was found dead
last night. Shot.
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You seem real
shook up about it.
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Hey, it's too bad.
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But around here, kids
like Oscar come and go.
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Yeah, what about you? Last
night, were you coming or going?
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I tried to help this kid.
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He was hungry for rides. I'm the only
trainer out here that gave him any.
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You ask anybody around here,
you don't believe me.
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You still haven't answered
his question.
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I get up every morning
at 4:00 a.m.
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I was sleeping.
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He gets the lay-off mix,
you moron.
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That's the third time
I told you!
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It's hard to believe that this
guy was Oscar's patron saint.
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Let's take him up
on his suggestion.
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FONTANA:
Good-looking animals.
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That's Razputyn on the outside,
Dangerous Situation on the inside.
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From Caz Holliman's barn.
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How do you know?
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You recognize a face,
I recognize a horse.
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They just breezed
five furlongs
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in 58 and change.
That's pretty quick.
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We heard you were
the go-to guy around here.
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Hey, you want tips,
you gotta buy my sheet.
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This is about
Burton Fenster.
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Don't waste your money.
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Hey, do you know that he ever used
a jockey named Oscar Salazar?
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Once in a while. Hey, that
kid's a decent rider.
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He's in the top ten
over at Presidente Ramon.
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Can't catch a break here, although he did
have a winner a few weeks ago for Fenster.
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Kahuna Baby. A maiden,
never hit the board,
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Salazar brought him in
at 24-to-one.
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How much of that
is the jockey?
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How much of that
is the horse?
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I wouldn't be surprised if it was
something completely different.
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It was fixed.
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Not unheard of.
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How would you
do such a thing?
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The same as Jason Giambi.
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This isn't the Majors.
The horses get tested.
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Not for milkshakes.
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Take some sodium bicarbonate,
mix it in with some Gatorade.
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00:09:01,641 --> 00:09:02,972
And what,
the horse drinks it?
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00:09:03,043 --> 00:09:04,511
Doesn't have to.
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00:09:04,577 --> 00:09:07,103
They stick a garden hose down
its throat and pump it in.
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It neutralizes the lactic acid that
builds up in the horse's muscles.
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So they could run all day
without feeling tired.
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00:09:14,721 --> 00:09:18,419
Or until it bows a tendon and the
jockey gets trampled to death.
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I got a feeling that this is
a lot more serious than $15.
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00:09:25,598 --> 00:09:27,430
KINNEY: That's Kahuna Baby
on the lead.
200
00:09:27,500 --> 00:09:28,968
He won by nine
or ten lengths.
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At big odds.
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00:09:31,171 --> 00:09:33,970
If he had a milkshake before the
race, is there any way to tell?
203
00:09:34,040 --> 00:09:37,499
The only way to detect for sodium
bicarbonate is before a race.
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00:09:37,577 --> 00:09:39,477
We're not equipped
to do that. Yet.
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00:09:39,546 --> 00:09:42,015
How much did Salazar get
for riding the winner?
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00:09:42,148 --> 00:09:44,549
The winning jockey gets
10% of the horse's purse.
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00:09:44,617 --> 00:09:46,551
In this case,
about $2,300.
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That's not so bad.
209
00:09:48,455 --> 00:09:50,753
Only that's not Oscar Salazar
on the horse.
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00:09:51,925 --> 00:09:53,415
We were told
he was the jockey.
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00:09:53,493 --> 00:09:55,291
He was listed in the program
as the rider,
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but there was a jockey switch to
Sam Barlow the day of the race.
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00:09:59,699 --> 00:10:01,224
It was announced on
the PA at the track.
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00:10:01,301 --> 00:10:02,632
Who makes that decision?
215
00:10:02,869 --> 00:10:04,860
Salazar came in that
morning and withdrew.
216
00:10:05,205 --> 00:10:06,730
I assume that's what all
the yelling and screaming
217
00:10:06,806 --> 00:10:08,831
between him and Fenster
was about that day.
218
00:10:09,042 --> 00:10:12,012
We're gonna have to get a look
inside Fenster's barn right away.
219
00:10:12,412 --> 00:10:13,641
I'll call Security.
220
00:10:16,082 --> 00:10:18,710
There's nothing in there but
rundown bandages and liniment!
221
00:10:19,119 --> 00:10:20,143
He's right.
222
00:10:20,220 --> 00:10:22,518
Now maybe if you'd tell me what
it is you're looking for...
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00:10:22,589 --> 00:10:23,852
Sodium bicarbonate.
224
00:10:23,923 --> 00:10:25,857
Hey, so to hell!
225
00:10:25,992 --> 00:10:27,926
We checked the stalls, Mike.
Everything's kosher.
226
00:10:27,994 --> 00:10:30,429
Is it all right with you guys
if I go back to work now?
227
00:10:31,764 --> 00:10:33,323
What about this caddy?
That's mine!
228
00:10:33,399 --> 00:10:35,060
Well, you don't mind
if we take a look inside.
229
00:10:35,135 --> 00:10:37,832
I rent stalls from this racetrack!
This car is mine!
230
00:10:37,904 --> 00:10:39,736
You wanna look inside it,
you gotta get a warrant.
231
00:10:39,806 --> 00:10:41,706
Actually, I don't need one.
When you leased these stalls,
232
00:10:41,774 --> 00:10:44,471
you signed a consent for us to search
any vehicle you bring on the grounds.
233
00:10:44,544 --> 00:10:48,071
So either give us the keys, or Mr.
Tradewski here can pop the trunk for you.
234
00:10:50,350 --> 00:10:52,318
Step back, Mr. Fenster.
235
00:10:55,421 --> 00:10:56,820
Sodium bicarbonate.
236
00:11:00,126 --> 00:11:01,287
And a hose.
237
00:11:01,361 --> 00:11:04,353
And now, you can come to
our house for a milkshake.
238
00:11:09,869 --> 00:11:12,395
So you found a hose and
some baking soda in my trunk.
239
00:11:12,472 --> 00:11:14,065
What's that got to do
with anything?
240
00:11:14,207 --> 00:11:17,108
We think Salazar found out
you were juicing Kahuna Baby,
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00:11:17,177 --> 00:11:19,339
and that's why he withdrew
from the race.
242
00:11:19,412 --> 00:11:21,403
That's nuts!
Now listen to me.
243
00:11:21,981 --> 00:11:24,416
We know that you two
had a fight before the race.
244
00:11:24,651 --> 00:11:26,085
Maybe he threatened
to run his mouth off.
245
00:11:26,152 --> 00:11:28,450
Bring the Racing Association
down on you.
246
00:11:28,521 --> 00:11:31,013
A record like yours, you can't
afford another violation.
247
00:11:31,090 --> 00:11:33,024
For starters,
no down-on-his-luck jockey
248
00:11:33,092 --> 00:11:34,856
is gonna blow the whistle
on a milkshake.
249
00:11:34,928 --> 00:11:37,693
If a horse gets him in the money,
he doesn't care how it got there.
250
00:11:37,764 --> 00:11:39,129
So Why'd Salazar pull out?
251
00:11:39,199 --> 00:11:40,530
That was my call.
252
00:11:40,600 --> 00:11:44,503
The track was a little off that day. I
decided to go with a more seasoned jockey.
253
00:11:44,571 --> 00:11:46,096
Sam Barlow.
Yeah.
254
00:11:46,172 --> 00:11:47,469
How'd Salazar take that?
255
00:11:47,540 --> 00:11:49,167
He started screaming
and hollering about
256
00:11:49,242 --> 00:11:52,234
how he was as good as Sam Barlow
or any other jockey around here.
257
00:11:52,612 --> 00:11:53,636
How'd you guys leave it?
258
00:11:53,713 --> 00:11:57,240
I told him if he couldn't run with the
big dogs, he ought to stay on the porch.
259
00:11:57,550 --> 00:11:59,018
And that was the last time
I saw him.
260
00:11:59,452 --> 00:12:02,183
On the night that Salazar got killed,
you said that you were at home.
261
00:12:02,322 --> 00:12:03,380
What'd you do?
262
00:12:04,424 --> 00:12:06,620
Iwent over
the condition books
263
00:12:06,693 --> 00:12:07,854
and made some phone calls.
264
00:12:07,927 --> 00:12:08,917
To who?
265
00:12:09,028 --> 00:12:11,053
There was this vet
out at Santa Anita.
266
00:12:11,664 --> 00:12:14,099
I needed to talk to him about
a yearling I was looking at.
267
00:12:16,002 --> 00:12:17,868
His name and number.
268
00:12:19,205 --> 00:12:22,505
Tolls shows that Fenster did call
California on the night of the murder.
269
00:12:22,575 --> 00:12:26,170
He was on the phone from
10:15 to 10:55 Eastern Time,
270
00:12:26,479 --> 00:12:27,913
and the vet confirms it.
271
00:12:27,981 --> 00:12:29,949
So, he's in the clear.
Not completely.
272
00:12:30,016 --> 00:12:32,917
Racing Association is investigating
the milkshake incident.
273
00:12:32,986 --> 00:12:34,647
Fenster could have
his stalls revoked.
274
00:12:34,721 --> 00:12:38,521
Well, from what I've been reading in the
papers, he'll have plenty of company.
275
00:12:38,625 --> 00:12:42,687
Did Salazar have bad blood
with anyone besides Fenster?
276
00:12:42,962 --> 00:12:45,590
Well, seems the only people he did
get along with were the horses.
277
00:12:45,665 --> 00:12:48,259
Well, what about that
jockey Fenster mentioned?
278
00:12:48,334 --> 00:12:50,564
The one who took his ride
on the winning horse?
279
00:12:50,637 --> 00:12:52,571
And took 10%
of the purse.
280
00:12:53,840 --> 00:12:55,103
I used to call
him the Bull.
281
00:12:55,174 --> 00:12:56,335
Why's that?
282
00:12:56,409 --> 00:12:58,070
'Cause Oscar was impatient.
283
00:12:58,678 --> 00:13:00,077
He didn't know how to
wait for the hole.
284
00:13:00,146 --> 00:13:01,580
He was always trying
to push through.
285
00:13:02,482 --> 00:13:04,610
So you two weren't
exactly friends?
286
00:13:05,051 --> 00:13:07,645
When you're out on the
track, you got no friends.
287
00:13:07,720 --> 00:13:10,553
But at the end of the day, we're all
in here playing Texas Hold 'em.
288
00:13:10,790 --> 00:13:12,280
We heard that he didn't
take it too well
289
00:13:12,358 --> 00:13:14,326
when you replaced him
on Kahuna Baby.
290
00:13:15,094 --> 00:13:17,324
He must've gotten over it because
when I saw him after the race,
291
00:13:17,397 --> 00:13:18,796
he was pretty upbeat.
292
00:13:18,865 --> 00:13:20,333
He happen to mention why?
293
00:13:20,400 --> 00:13:21,526
He said he'd just been
promised a mount
294
00:13:21,601 --> 00:13:24,400
on one of Caz Holliman's
horses, Razputyn.
295
00:13:26,539 --> 00:13:28,337
That's that horse we saw
work out the other day.
296
00:13:28,574 --> 00:13:30,042
BARLOW: Oscar
loved that horse.
297
00:13:30,310 --> 00:13:32,278
Said Razputyn
was Triple Crown material.
298
00:13:32,345 --> 00:13:36,077
And I see he's on the program
today, in the 70K stakes race.
299
00:13:36,316 --> 00:13:37,647
And you're riding him.
300
00:13:37,717 --> 00:13:39,048
Yeah, I gotta get ready.
301
00:13:39,919 --> 00:13:41,284
Where can we find
Mr. Holliman?
302
00:13:42,221 --> 00:13:43,586
Try the paddock.
303
00:13:43,656 --> 00:13:44,748
Thanks.
304
00:13:46,893 --> 00:13:49,521
There's Holliman. The other guy is Mr.
Varick, one of the owners.
305
00:13:49,896 --> 00:13:50,886
FONTANA: Thanks, kid.
306
00:13:53,599 --> 00:13:56,068
Check out the logo on back
of Holliman's jacket.
307
00:13:56,135 --> 00:13:57,193
The "V"?
308
00:13:57,270 --> 00:13:58,965
Yeah, during the day
it's a
309
00:13:59,205 --> 00:14:01,469
At night it could be
atriangle.
310
00:14:03,343 --> 00:14:04,333
Come on.
311
00:14:05,511 --> 00:14:08,572
Mr. Holliman.
Can we have a word with you?
312
00:14:08,748 --> 00:14:10,216
I got a race coming.
313
00:14:10,350 --> 00:14:13,081
We just have a couple quick
questions about Oscar Salazar.
314
00:14:15,321 --> 00:14:17,847
That's okay, Caz.
I'll meet you up in the box.
315
00:14:20,460 --> 00:14:21,621
Yeah, all right.
316
00:14:22,028 --> 00:14:23,723
How well did you
know Salazar?
317
00:14:24,497 --> 00:14:27,797
I hired him a couple of times as an
exercise rider. That's about it.
318
00:14:28,735 --> 00:14:31,102
We heard you promised him
a mount on Razputyn.
319
00:14:31,170 --> 00:14:32,660
A mount?
320
00:14:32,739 --> 00:14:33,968
Where the hell
did you hear that?
321
00:14:34,040 --> 00:14:35,474
Told the other jockeys.
322
00:14:36,342 --> 00:14:38,333
Well, he was probably just trying
to psych the other guy out.
323
00:14:38,411 --> 00:14:41,142
We got a lot of Napoleon
complexes around here.
324
00:14:41,214 --> 00:14:42,340
So it's not true?
325
00:14:42,415 --> 00:14:43,974
No, absolutely not.
326
00:14:44,050 --> 00:14:46,348
I don't use unproven jockeys
on my horses.
327
00:14:47,253 --> 00:14:48,914
Anything else?
No, no, no, thank you.
328
00:14:50,590 --> 00:14:52,615
How do you like
your chances in this one?
329
00:14:53,593 --> 00:14:55,789
Might be worth
a small wager.
330
00:14:56,829 --> 00:15:00,322
Well, I don't think we'd really be doing
ourjob if we didn't catch the race.
331
00:15:00,933 --> 00:15:02,196
Bet on a suspect's horse?
332
00:15:02,268 --> 00:15:03,360
Don't worry, Falco.
333
00:15:03,436 --> 00:15:04,835
They're not gonna
throw you out of law school.
334
00:15:04,904 --> 00:15:07,498
More to the point, lwouldn't
want to explain it in court.
335
00:15:08,674 --> 00:15:10,472
ANNOUNCER ON TV: Down the
stretch, and it's Razputyn
336
00:15:10,543 --> 00:15:12,511
and Midnight Racer
running nose and nose.
337
00:15:12,578 --> 00:15:15,604
Razputyn opens up a neck.
Midnight Racer can't catch him.
338
00:15:15,681 --> 00:15:17,775
And it's Razputyn
across the wire.
339
00:15:17,850 --> 00:15:20,581
A magnificent performance
for this horse.
340
00:15:21,454 --> 00:15:23,354
Winner's share
was 40,000.
341
00:15:23,423 --> 00:15:24,686
Four Gs to the jockey.
342
00:15:24,757 --> 00:15:27,920
You say the trainer fits the
description given by the witness?
343
00:15:27,994 --> 00:15:30,088
Same age and height.
But here's the thing.
344
00:15:30,163 --> 00:15:32,257
He has ajacket with
a "V"-shaped logo on it.
345
00:15:32,331 --> 00:15:34,698
Which could look like
a triangle in the dark.
346
00:15:34,767 --> 00:15:38,032
Any history of antagonism
between Holliman and Salazar?
347
00:15:38,104 --> 00:15:40,368
No, but there is something
that doesn't add up.
348
00:15:40,440 --> 00:15:44,104
Salazar told anotherjockey that he
was promised a mount on Razputyn.
349
00:15:44,177 --> 00:15:45,235
But Holliman denies it.
350
00:15:45,311 --> 00:15:48,838
He says that the only thing he ever
promised Salazar was a morning work out.
351
00:15:49,282 --> 00:15:50,511
Who can clear it up?
352
00:15:50,583 --> 00:15:52,381
We could talk to
the owner, Edgar Varick.
353
00:15:52,452 --> 00:15:54,614
He was at the track
with Holliman this morning.
354
00:15:55,388 --> 00:15:56,878
Do it.
355
00:16:00,993 --> 00:16:02,392
VARICK: When
my father started Vartek,
356
00:16:02,462 --> 00:16:04,624
he was printing flyers for
a local five-and-dime,
357
00:16:04,697 --> 00:16:08,361
and now we make everything, from
toothpaste boxes to billboard signage.
358
00:16:08,434 --> 00:16:10,732
Quite ajump from
toothpaste to thoroughbreds.
359
00:16:10,803 --> 00:16:13,704
Racing is
my true passion. Sorry.
360
00:16:14,207 --> 00:16:17,074
Test is just back on
the wet-strength label paper.
361
00:16:17,210 --> 00:16:18,336
VARICK: It's perfect.
362
00:16:18,411 --> 00:16:20,675
I'll call the distributor,
tell them it's finally ready.
363
00:16:21,080 --> 00:16:22,673
That's great, Ben.
364
00:16:22,748 --> 00:16:27,151
This business, they want the product
before the tree's out of the damn ground.
365
00:16:28,621 --> 00:16:30,282
How did you know
about my horses?
366
00:16:30,356 --> 00:16:33,189
We caught Razputyn's last race.
That horse has a lot of guts.
367
00:16:33,426 --> 00:16:35,622
Yeah, he's won three
out of seven so far.
368
00:16:35,862 --> 00:16:38,627
My secretary calls this
my ego wall.
369
00:16:38,998 --> 00:16:42,457
There's nothing like seeing a horse
you own thundering toward the wire.
370
00:16:42,735 --> 00:16:43,759
Very impressive.
371
00:16:43,836 --> 00:16:45,565
Do you weigh in on
jockey selection?
372
00:16:45,638 --> 00:16:47,800
Nah, that's strictly
Caz Holliman's domain.
373
00:16:48,241 --> 00:16:50,835
So you didn't tell Oscar Salazar
he could ride Razputyn?
374
00:16:51,344 --> 00:16:52,834
I didn't even know Salazar.
375
00:16:52,912 --> 00:16:55,313
FONTANA: Well, how about Holliman,
did he ever mention using Salazar?
376
00:16:55,381 --> 00:16:57,247
VARICK: Not that
I recall, no.
377
00:16:58,751 --> 00:17:00,310
You mind if I take this?
378
00:17:00,853 --> 00:17:03,117
It's an old Racing Form,
but sure, help yourself.
379
00:17:03,189 --> 00:17:05,385
I get down to the track
once in awhile.
380
00:17:05,458 --> 00:17:08,086
Thought I might bone up.
Thanks.
381
00:17:10,162 --> 00:17:11,823
What was that all about?
382
00:17:11,898 --> 00:17:15,562
That's a picture of Razputyn in the
winner's circle. Check out the groom.
383
00:17:16,369 --> 00:17:18,337
He was one of Salazar's
roommates.
384
00:17:19,238 --> 00:17:23,505
I remember asking this guy about Salazar's
whereabouts on the night of the murder,
385
00:17:23,576 --> 00:17:25,066
and that he didn't have
too much to say.
386
00:17:25,144 --> 00:17:27,010
Because he's
on Holliman's payroll.
387
00:17:27,647 --> 00:17:28,842
Do you think
he's protecting him?
388
00:17:28,915 --> 00:17:30,644
I think you don't bite
the hand that feeds you.
389
00:17:31,284 --> 00:17:33,378
I think you might be right.
Yeah.
390
00:17:34,053 --> 00:17:36,750
Caz Holliman's the best, you know.
I've been with him five years.
391
00:17:36,822 --> 00:17:38,517
How did he get along
with Oscar Salazar?
392
00:17:39,191 --> 00:17:42,058
No problems, you know? Oscar
did morning workouts for him.
393
00:17:42,194 --> 00:17:43,320
On Razputyn?
394
00:17:43,396 --> 00:17:45,296
Yeah. Oscar
loved that horse.
395
00:17:45,531 --> 00:17:48,057
Yeah, we heard Holliman promised
Oscar a mount on Razputyn.
396
00:17:48,134 --> 00:17:49,602
Do you know anything
about that?
397
00:17:52,505 --> 00:17:53,870
Not really.
398
00:17:54,507 --> 00:17:57,101
Well, that doesn't sound
too convincing.
399
00:17:57,577 --> 00:17:58,942
You know what I heard?
400
00:17:59,011 --> 00:18:03,073
I heard that the weather in Central America
is gorgeous this time of the year.
401
00:18:03,416 --> 00:18:05,612
And that's right where you're going
unless you tell us something.
402
00:18:10,957 --> 00:18:13,016
I don't know for sure if Mr.
Holliman promised Oscar.
403
00:18:13,593 --> 00:18:15,288
I just know they were
gonna talk about it.
404
00:18:15,361 --> 00:18:16,692
Oscar tell you that?
405
00:18:16,762 --> 00:18:18,093
Mr. Holliman did.
406
00:18:18,731 --> 00:18:20,563
He was looking for Oscar,
he couldn't find him,
407
00:18:20,633 --> 00:18:21,657
so he gave me the message.
408
00:18:21,734 --> 00:18:22,997
FALCO: What message?
409
00:18:23,703 --> 00:18:27,503
Mr. Holliman told me to tell
Oscar to be at El Gato Rojo
410
00:18:27,573 --> 00:18:29,007
to talk about Razputyn.
411
00:18:29,075 --> 00:18:30,565
He was gonna
meet Salazar there?
412
00:18:31,110 --> 00:18:33,010
At 10:00. Tuesday.
413
00:18:34,213 --> 00:18:36,204
The night Oscar
was killed.
414
00:18:37,283 --> 00:18:39,547
I didn't murder
Oscar Salazar!
415
00:18:39,619 --> 00:18:42,179
You lied to us about promising
him a mount on Razputyn,
416
00:18:42,254 --> 00:18:44,382
and you set up the meet at
the bar where he was killed.
417
00:18:44,457 --> 00:18:47,188
And you fit the description
given to us by an eyewitness.
418
00:18:47,259 --> 00:18:49,523
Right now, I'd say
you're our frontrunner.
419
00:18:49,595 --> 00:18:51,222
Actually, you're
the only runner,
420
00:18:51,297 --> 00:18:53,061
and if you don't tell us something
in the next three minutes
421
00:18:53,132 --> 00:18:54,293
to change our minds,
422
00:18:54,367 --> 00:18:56,961
you're gonna get charged
with murder.
423
00:18:59,171 --> 00:19:01,037
All right, yeah,
I set up the meeting.
424
00:19:02,508 --> 00:19:04,169
But it wasn't with me.
425
00:19:04,243 --> 00:19:05,711
Well, who was it with?
426
00:19:05,778 --> 00:19:07,109
Mr. Varick.
427
00:19:08,814 --> 00:19:10,646
He said he wanted
to talk to Salazar.
428
00:19:10,716 --> 00:19:11,808
About what?
429
00:19:15,888 --> 00:19:19,415
Varick told everybody he bought
Razputyn in Dubai for 28 grand.
430
00:19:19,792 --> 00:19:21,851
But anybody who had ever
ridden that horse knew
431
00:19:21,927 --> 00:19:25,420
he was worth maybe a hundred times that.
Including Salazar.
432
00:19:25,498 --> 00:19:28,433
After his first exercise ride,
he came back to the barn
433
00:19:28,501 --> 00:19:31,061
and said that was the fastest
three-year-old he'd ever been on.
434
00:19:31,537 --> 00:19:33,232
So why didn't
he win more races?
435
00:19:33,305 --> 00:19:35,797
Because Varick instructed me
to hold him back.
436
00:19:36,776 --> 00:19:39,746
He didn't want anybody to
know good Razputyn really was.
437
00:19:39,812 --> 00:19:41,678
Well, what happened
with Salazar?
438
00:19:41,747 --> 00:19:44,842
He got it into his head if he could
just get a mount on Razputyn,
439
00:19:44,917 --> 00:19:47,352
it would turn
his whole career around.
440
00:19:47,420 --> 00:19:49,218
He got to be a real
pain in the ass about it.
441
00:19:49,288 --> 00:19:51,188
So what'd he do,
confront Varick personally?
442
00:19:52,258 --> 00:19:55,717
Once he realized he wasn't gonna get
his shot, he started snooping around.
443
00:19:56,962 --> 00:19:59,556
He wrote to the Panamanian
Racing Commissioner
444
00:19:59,632 --> 00:20:02,033
and asked for information
about Razputyn's bloodlines.
445
00:20:02,935 --> 00:20:05,666
Me and Varick got a letter
informing us of the request.
446
00:20:06,839 --> 00:20:08,534
Varick hit the roof.
447
00:20:09,442 --> 00:20:10,773
You still have the letter?
448
00:20:10,843 --> 00:20:13,642
Yeah, it's back at the barn.
It's all yours if you want it.
449
00:20:16,882 --> 00:20:18,976
He said he just wanted to
talk some sense into the kid.
450
00:20:21,887 --> 00:20:24,515
I feel bad about Oscar,
I really do.
451
00:20:25,324 --> 00:20:27,952
I had no idea anything
like this was gonna happen.
452
00:20:30,229 --> 00:20:31,663
Nobody ever does.
453
00:20:39,238 --> 00:20:40,603
Mr. Varick!
454
00:20:41,507 --> 00:20:42,497
What are you doing here?
455
00:20:42,575 --> 00:20:43,701
You won't be needing this.
456
00:20:43,776 --> 00:20:45,608
What in the hell is going on?
You're coming with us.
457
00:20:45,678 --> 00:20:47,646
I can't leave,
I'm hosting this party.
458
00:20:47,747 --> 00:20:50,341
We'll make sure
you get a doggie bag.
459
00:20:51,784 --> 00:20:54,185
And don't tell me I can't
eat on the job, either.
460
00:21:01,026 --> 00:21:04,121
Take your time, Mr. Delgado, and
tell us if you recognize anyone.
461
00:21:04,330 --> 00:21:05,593
Or if you don't.
462
00:21:07,566 --> 00:21:10,160
Make sure you look
one end to the other.
463
00:21:19,612 --> 00:21:21,808
Okay, that's him
Number One.
464
00:21:23,082 --> 00:21:24,516
Where do you
recognize him from?
465
00:21:24,750 --> 00:21:26,582
That's the guy
I saw outside El Gato Rojo.
466
00:21:32,024 --> 00:21:34,356
"Docket 05937.
467
00:21:34,426 --> 00:21:38,329
"People v. Edgar Varick, charge
is murder in the second degree."
468
00:21:38,731 --> 00:21:40,130
JUDGE: How does
the defendant plead?
469
00:21:40,199 --> 00:21:41,462
Not guilty, Your Honor.
470
00:21:41,801 --> 00:21:42,962
People on bail, Ms. Borgia?
471
00:21:43,035 --> 00:21:44,127
The People seek remand.
472
00:21:44,203 --> 00:21:45,693
That's outrageous!
473
00:21:45,771 --> 00:21:49,639
My client is a respectable and
well-known figure in his community.
474
00:21:49,708 --> 00:21:52,473
Who arranged to meet with the
victim at an out-of-the-way bar
475
00:21:52,545 --> 00:21:54,570
and then lurked under a
street lamp until he arrived.
476
00:21:54,647 --> 00:21:58,777
HAMMOND: Your Honor, Mr. Varick is the
CEO of an established family business,
477
00:21:58,884 --> 00:22:01,512
with over 300 employees
whom he is loyal to.
478
00:22:01,620 --> 00:22:03,611
He is not going anywhere.
479
00:22:04,256 --> 00:22:07,590
Bail's set at one million. Motion's
referred to the trial part.
480
00:22:07,660 --> 00:22:08,718
(BANGS GAVEL)
481
00:22:11,297 --> 00:22:13,732
Varick made bail before
the bus left for Rikers.
482
00:22:14,300 --> 00:22:16,701
Well, I've come across a few
horse people in my day,
483
00:22:16,769 --> 00:22:19,534
and I don't recall any of that
didn't want their horse to win,
484
00:22:19,905 --> 00:22:23,034
unless they were neck-deep
in some gambling scheme.
485
00:22:23,843 --> 00:22:25,208
If the bettor wins big,
486
00:22:25,644 --> 00:22:27,806
doesn't the track have
to file with the IRS?
487
00:22:27,880 --> 00:22:29,678
They never filed
anything forVarick.
488
00:22:29,748 --> 00:22:31,944
And I talked to some of his
friends, he's not a gambler.
489
00:22:33,052 --> 00:22:36,044
What other reason would he have to
misrepresent his horse's abilities?
490
00:22:36,388 --> 00:22:38,720
That's what Oscar Salazar
was trying to figure out.
491
00:22:38,958 --> 00:22:41,689
Well, you look into bloodlines when
you wanna know a horse's lineage.
492
00:22:41,760 --> 00:22:43,228
His sire. His dam.
493
00:22:43,596 --> 00:22:45,462
Maybe Razputyn
isn't Razputyn.
494
00:22:46,832 --> 00:22:48,596
The trainer told us
everything he knows.
495
00:22:49,468 --> 00:22:51,698
Go down the food chain.
Try the jockey.
496
00:22:53,372 --> 00:22:54,999
Look, I don't know
anything about this.
497
00:22:55,441 --> 00:22:58,035
Holliman told me to get the horse
stuck in traffic, that's what I did.
498
00:22:58,110 --> 00:23:00,010
And you never bothered
to ask why?
499
00:23:00,079 --> 00:23:02,844
I get maybe 15 rides
a week from Holliman's barn.
500
00:23:02,915 --> 00:23:05,282
There are other riders out there
getting four or five a month.
501
00:23:05,351 --> 00:23:07,376
Like Oscar Salazar?
502
00:23:07,453 --> 00:23:09,182
Yeah, like Oscar.
503
00:23:09,822 --> 00:23:12,154
Oscar thought Razputyn was
something pretty special.
504
00:23:12,224 --> 00:23:14,249
That horse could win
any race he's in.
505
00:23:14,660 --> 00:23:16,253
That's quite
an endorsement.
506
00:23:16,762 --> 00:23:18,161
You might not notice
from the stands,
507
00:23:18,230 --> 00:23:20,130
but when you're sitting in
the saddle, you feel it.
508
00:23:21,934 --> 00:23:24,232
So how did Edgar Varick get him
at a bargain basement price?
509
00:23:24,970 --> 00:23:26,870
I can't answer that.
Can't or won't?
510
00:23:28,207 --> 00:23:30,505
I just try to get the horse
in the winner's circle, ma'am.
511
00:23:31,377 --> 00:23:33,573
You want the dollars
and cents,
512
00:23:33,646 --> 00:23:35,341
check with Varick's insurance.
513
00:23:39,785 --> 00:23:42,846
Razputyn was purchased
from Sheik Ahmed Zahariou
514
00:23:42,922 --> 00:23:45,254
at private treaty
last year in Dubai.
515
00:23:45,824 --> 00:23:47,189
Private treaty?
516
00:23:47,259 --> 00:23:48,693
A private sale.
517
00:23:48,761 --> 00:23:50,251
What was the purchase price?
518
00:23:50,329 --> 00:23:54,789
I'm not permitted to reveal that information
to any person who's not a named insured.
519
00:23:56,101 --> 00:23:58,229
What if that person
has access to a subpoena?
520
00:24:00,973 --> 00:24:02,134
$3 million.
521
00:24:03,175 --> 00:24:06,475
Varick told the Jockey Club he
bought Razputyn for 28 thousand.
522
00:24:06,545 --> 00:24:08,741
Well, he can tell the Jockey
Club whatever he wants.
523
00:24:09,348 --> 00:24:10,747
They don't have
to reimburse him
524
00:24:10,816 --> 00:24:12,341
in the event of
horse's death or injury.
525
00:24:12,885 --> 00:24:15,786
So, you're saying Varick insured the
horse for three million as well?
526
00:24:15,988 --> 00:24:19,151
That's right. We only write
policies for actual cash value.
527
00:24:19,325 --> 00:24:21,657
I have the bill of sale
here in the file.
528
00:24:22,861 --> 00:24:26,889
It's in Arabic. Mr. Varick
paid twelve million dirhams.
529
00:24:29,335 --> 00:24:31,895
Turns out the $28,000
champion is a myth.
530
00:24:32,271 --> 00:24:34,899
Varick paid just over $3
million for that horse.
531
00:24:35,307 --> 00:24:37,071
But we don't know
why he lied about it.
532
00:24:37,142 --> 00:24:38,473
This might explain it.
533
00:24:38,544 --> 00:24:41,741
From his bank statements, there's
no record he even bought a horse.
534
00:24:41,814 --> 00:24:45,250
There are no withdrawals corresponding
to the amount of purchase, or the date.
535
00:24:45,684 --> 00:24:48,654
Maybe he had a little something
stashed away under the mattress.
536
00:24:48,988 --> 00:24:50,717
His account balances are
practically nil.
537
00:24:50,823 --> 00:24:53,554
He barely even has enough to
cover his monthly condo fee.
538
00:24:54,026 --> 00:24:56,825
So, where did he get the money
to buy a $3 million horse?
539
00:24:57,863 --> 00:25:00,355
Maybe he did it the old-fashioned way.
Family money.
540
00:25:04,703 --> 00:25:08,003
First, there was sky diving,
now it's racehorses.
541
00:25:08,073 --> 00:25:11,532
I was thinking you were involved
with his horses, financially.
542
00:25:11,610 --> 00:25:15,012
Why would you think
that, Ms. Borgia?
543
00:25:15,080 --> 00:25:17,640
But if I can be honest,
Mrs. Varick,
544
00:25:17,716 --> 00:25:20,083
we don't understand how else
your son could afford it.
545
00:25:20,853 --> 00:25:24,312
Oh, he explained all that to me.
It's not that expensive.
546
00:25:25,691 --> 00:25:27,750
You don't really
think that
547
00:25:27,826 --> 00:25:30,227
he had anything to do with
this man's death, do you?
548
00:25:31,263 --> 00:25:33,527
Right now, we're just trying
to put the pieces together.
549
00:25:33,932 --> 00:25:36,162
Well, I'm sure that this
won't amount to anything.
550
00:25:37,369 --> 00:25:41,704
When Edgar's father passed away, did
your son receive a windfall of any kind?
551
00:25:41,774 --> 00:25:43,299
An inheritance?
No.
552
00:25:43,642 --> 00:25:46,976
My late husband believed that Edgar
should earn his own way in life.
553
00:25:47,713 --> 00:25:49,738
And he thought Vartek would
give him that opportunity.
554
00:25:49,815 --> 00:25:50,976
Mmm-hmm.
555
00:25:51,517 --> 00:25:55,112
Lewis founded
the company in 1959.
556
00:25:55,954 --> 00:25:58,980
No formal education,
plenty of street smarts,
557
00:25:59,458 --> 00:26:02,985
and we invested everything we had back
into the company, which wasn't much.
558
00:26:04,430 --> 00:26:09,596
Lewis, he worked seven days
a week for over 40 years.
559
00:26:10,636 --> 00:26:13,128
And then he passed
the company on to your son.
560
00:26:13,906 --> 00:26:15,738
Well, he put Edgar in charge.
561
00:26:15,808 --> 00:26:19,745
But, actually, I am
the sole shareholder.
562
00:26:20,846 --> 00:26:23,406
Edgar assumes ownership
after my death.
563
00:26:24,850 --> 00:26:27,945
So, do you have any involvement
with the company now, Mrs. Varick?
564
00:26:28,387 --> 00:26:31,948
Not really, only as Trustee for
the Employees' Pension Fund.
565
00:26:32,591 --> 00:26:33,820
The pension fund?
566
00:26:33,892 --> 00:26:35,587
My husband started it
for the workers.
567
00:26:35,661 --> 00:26:38,358
Some of them have been with
the company since we started.
568
00:26:39,331 --> 00:26:42,926
Edgar comes by every now and then
with all these papers for me to sign.
569
00:26:43,001 --> 00:26:44,765
It's the only time
I see him these days.
570
00:26:45,671 --> 00:26:48,163
Besides you, is anyone else
involved with the pension fund?
571
00:26:48,307 --> 00:26:50,867
There is one other
trustee, Ben Shaney.
572
00:26:50,943 --> 00:26:53,435
He was Lewis' foreman
for 42 years.
573
00:26:56,281 --> 00:26:59,376
When Edgar told me we needed to
move the money to a mutual fund,
574
00:27:00,486 --> 00:27:02,511
it sounded like
a good idea.
575
00:27:03,322 --> 00:27:07,088
I'm not a banker, Mr. McCoy.
I run the production line.
576
00:27:07,526 --> 00:27:10,393
He never explained why he was making
these pension fund transfers?
577
00:27:10,963 --> 00:27:13,193
Something to do about
a better return.
578
00:27:14,066 --> 00:27:17,331
Does this have something to do with
this crazy case you have against him?
579
00:27:19,071 --> 00:27:21,836
Last February,
Mr. Varick went to Dubai.
580
00:27:22,074 --> 00:27:24,634
There was a convention.
Converted paper products.
581
00:27:24,710 --> 00:27:26,735
He also bought a racehorse
while he was there.
582
00:27:27,412 --> 00:27:29,244
That's right, Razputyn.
583
00:27:29,581 --> 00:27:32,243
BORGIA: Did he happen to tell you
how much he paid for that horse?
584
00:27:32,985 --> 00:27:34,384
It was none of my business.
585
00:27:34,453 --> 00:27:35,818
$3 million.
586
00:27:37,356 --> 00:27:40,326
Three million?
Are you kidding?
587
00:27:40,692 --> 00:27:42,558
We have documentation.
588
00:27:44,763 --> 00:27:47,960
Oh, company profits have been
down the last few years.
589
00:27:49,701 --> 00:27:53,365
Edgar hasn't even taken a salary
so we could make payroll.
590
00:27:54,773 --> 00:27:57,333
Where's he going to
come up with $3 million?
591
00:27:58,844 --> 00:28:01,438
You signed the papers
for the Pension Fund.
592
00:28:03,549 --> 00:28:05,039
Weren't you suspicious?
593
00:28:08,453 --> 00:28:09,943
Now, wait.
594
00:28:17,462 --> 00:28:19,988
What are you...
What are you saying?
595
00:28:21,600 --> 00:28:23,295
That Edgar took our money?
596
00:28:24,102 --> 00:28:26,571
You ever wonder how he
afforded his lifestyle?
597
00:28:28,273 --> 00:28:30,435
Well, I figured his old man
left him something.
598
00:28:30,509 --> 00:28:31,772
Not a penny.
599
00:28:32,744 --> 00:28:34,405
He just let his son
run the company.
600
00:28:39,284 --> 00:28:42,549
There are 300 employees
depending on that money.
601
00:28:44,756 --> 00:28:46,815
Are you telling me
it's all gone?
602
00:28:49,294 --> 00:28:52,457
A big chunk of it. We don't
have the final figures yet.
603
00:28:53,031 --> 00:28:56,490
We've been building
that plan for 40 years.
604
00:28:57,002 --> 00:28:59,903
If that money's gone,
what are we gonna do?
605
00:29:02,307 --> 00:29:04,605
That's our retirement.
606
00:29:05,143 --> 00:29:06,133
It's all we've got.
607
00:29:09,014 --> 00:29:10,106
I'm sorry.
608
00:29:17,256 --> 00:29:21,489
How does anyone have the gall to take people's
retirement money and buy a racehorse?
609
00:29:21,860 --> 00:29:24,158
Razputyn was the tip
of the iceberg, Arthur.
610
00:29:24,763 --> 00:29:28,859
Over the past few years, Varick
treated himself to six other horses,
611
00:29:28,967 --> 00:29:31,163
a 40-foot sailboat,
a Jackson Pollack,
612
00:29:31,737 --> 00:29:33,865
all courtesy of
the Vartek Pension Fund.
613
00:29:34,306 --> 00:29:35,569
How'd he pull it off?
614
00:29:35,641 --> 00:29:36,972
Once the Trustees signed off,
615
00:29:37,042 --> 00:29:39,670
most of the money was
transferred into a mutual fund
616
00:29:39,745 --> 00:29:41,008
in the name of the pension.
617
00:29:41,079 --> 00:29:43,810
But there was a revolving
sell order which diverted
618
00:29:43,882 --> 00:29:48,319
the proceeds into a bank account in
Delaware, which Varick could access.
619
00:29:48,754 --> 00:29:51,451
To the tune of $90,000 a week
for the past three years.
620
00:29:52,691 --> 00:29:56,525
Well, make sure you add first degree
grand larceny to the indictment.
621
00:29:58,930 --> 00:30:00,523
How'd the horse figure
in the murder?
622
00:30:00,599 --> 00:30:03,899
It would've raised eyebrows if Varick
had come back from the convention with
623
00:30:03,969 --> 00:30:05,403
a $3 million horse,
624
00:30:05,470 --> 00:30:06,960
so he said he bought it
the cheap.
625
00:30:07,072 --> 00:30:10,269
He's been gradually moving it up under
the radar into some major races.
626
00:30:10,642 --> 00:30:13,168
Until Oscar Salazar
exercised the horse.
627
00:30:13,478 --> 00:30:16,504
He started asking questions which
would have led to the pension fund.
628
00:30:16,882 --> 00:30:20,284
Varick killed a hard-working immigrant
in order to conceal his greed.
629
00:30:20,986 --> 00:30:22,317
In addition to
a life sentence,
630
00:30:22,387 --> 00:30:25,584
I'd like to see this guy hauled
out in stocks in Foley Square.
631
00:30:26,658 --> 00:30:29,059
A preclusion motion
from Varick.
632
00:30:33,398 --> 00:30:36,265
The D.A.'s notice of physical
evidence is very impressive, Judge.
633
00:30:36,335 --> 00:30:39,236
Horses, cars,
boats, paintings.
634
00:30:39,438 --> 00:30:40,803
Too bad none
of it is relevant.
635
00:30:40,872 --> 00:30:43,864
Every item was a separate theft Mr.
Varick had reason to hide.
636
00:30:43,942 --> 00:30:45,967
He's not charged with
any of these larcenies.
637
00:30:46,044 --> 00:30:49,241
This is nothing but athinly-veiled
attempt to prejudice the jury
638
00:30:49,348 --> 00:30:51,942
by portraying my client's
lifestyle as excessive.
639
00:30:52,217 --> 00:30:55,812
The defendant had no qualms about flaunting
his lifestyle until it became clear
640
00:30:55,887 --> 00:30:58,322
it was financed from his
employees' retirement account!
641
00:30:58,390 --> 00:31:00,552
And Oscar Salazar was
unaware of any of this.
642
00:31:00,625 --> 00:31:03,151
But your case, Mr. McCoy,
is based upon the premise
643
00:31:03,228 --> 00:31:05,925
that the victim suspected some
hanky-panky with the horse?
644
00:31:06,431 --> 00:31:07,956
That's correct, Your Honor.
645
00:31:09,634 --> 00:31:12,160
It's a close question, but I'm
giving the defense this one.
646
00:31:12,671 --> 00:31:14,196
I'm precluding
the introduction of
647
00:31:14,272 --> 00:31:18,675
any evidence of Mr. Varick's
lavish purchases, except Razputyn.
648
00:31:19,611 --> 00:31:22,444
The next one this tight might
not go your way, Ms. Hammond.
649
00:31:27,753 --> 00:31:30,313
I was meeting some friends
at El Gato Rojo.
650
00:31:30,389 --> 00:31:33,381
As I turned onto Delancey,
I saw a man standing around.
651
00:31:34,292 --> 00:31:37,057
What do you mean when you say
"standing around," Mr. Delgado?
652
00:31:37,429 --> 00:31:39,898
Like he was waiting
for somebody.
653
00:31:39,965 --> 00:31:41,262
Do you see the man
in court today?
654
00:31:44,269 --> 00:31:45,327
That's him.
655
00:31:45,404 --> 00:31:46,701
What was he wearing?
656
00:31:46,772 --> 00:31:48,968
A jacket with a "V" on it.
657
00:31:49,741 --> 00:31:54,042
I show you People's Seven, which police
recovered from the defendant's home.
658
00:31:55,080 --> 00:31:57,515
Is this the jacket that
you saw, Mr. Delgado?
659
00:31:58,150 --> 00:31:59,140
That's it.
660
00:32:06,558 --> 00:32:10,188
When you talked to the police,
you were at a bar, Mr. Delgado?
661
00:32:10,362 --> 00:32:11,727
Yes.
662
00:32:11,797 --> 00:32:13,526
You had a few drinks in you?
663
00:32:13,598 --> 00:32:14,690
Beer.
664
00:32:14,766 --> 00:32:17,861
You told the police the logo
you saw was a triangle,
665
00:32:19,037 --> 00:32:20,334
not a
666
00:32:20,539 --> 00:32:22,974
If you couldn't distinguish
what a first-grader could have,
667
00:32:23,041 --> 00:32:25,669
what makes you think you could
identify the man's face?
668
00:32:25,744 --> 00:32:27,405
Objection. Argumentative.
669
00:32:27,479 --> 00:32:28,605
Sustained.
670
00:32:30,615 --> 00:32:31,605
Nothing further.
671
00:32:33,985 --> 00:32:37,387
Mr. Varick came back from a trip to
Dubai and told me he'd bought a horse.
672
00:32:38,390 --> 00:32:39,755
Three-year-old
named Razputyn.
673
00:32:39,825 --> 00:32:41,987
Had it shipped to
my barn here in New York.
674
00:32:42,694 --> 00:32:43,991
What did he say
about the horse?
675
00:32:44,062 --> 00:32:45,689
He said he'd watched it run.
676
00:32:46,131 --> 00:32:47,462
That the sky was the limit.
677
00:32:47,532 --> 00:32:50,661
But that there was a specific training
strategy he wanted to follow.
678
00:32:51,036 --> 00:32:52,561
Which was what, Mr. Holliman?
679
00:32:52,637 --> 00:32:56,005
Which was to only enter Razputyn
in soft races at first,
680
00:32:56,074 --> 00:32:59,009
and then to gradually move him
into stiffer competition.
681
00:33:00,011 --> 00:33:02,207
He didn't want anybody to know
how good the horse really was.
682
00:33:03,315 --> 00:33:04,646
Did he tell you why?
683
00:33:05,617 --> 00:33:06,914
He didn't say.
684
00:33:06,985 --> 00:33:09,852
So, how was this strategy
accomplished?
685
00:33:10,021 --> 00:33:12,285
I told myjockey to do
whatever he needed to do
686
00:33:12,357 --> 00:33:13,882
to hold the
horse back without
687
00:33:13,959 --> 00:33:17,725
getting caught. Even then, Razputyn still
won three of his first seven races.
688
00:33:18,163 --> 00:33:20,689
Did Oscar Salazar
ever ride Razputyn?
689
00:33:20,765 --> 00:33:21,755
Not in a race.
690
00:33:21,833 --> 00:33:25,292
I used Oscar a few times in
the morning to work the horse
691
00:33:25,370 --> 00:33:27,031
when my regular jockey
was sick.
692
00:33:27,205 --> 00:33:31,506
What, if anything, did Mr. Salazar
say to you after riding Razputyn?
693
00:33:32,477 --> 00:33:35,208
He begged me to let him
ride Razputyn in a race.
694
00:33:36,014 --> 00:33:38,176
How did you respond
to these requests?
695
00:33:38,650 --> 00:33:39,981
I kept putting him off.
696
00:33:40,652 --> 00:33:42,643
I told Oscar it was
up to Mr. Varick.
697
00:33:43,121 --> 00:33:45,112
After awhile,
he started getting pushy.
698
00:33:45,190 --> 00:33:47,249
He said that he knew
we were up to something,
699
00:33:47,325 --> 00:33:49,453
and that he was gonna
to tell somebody.
700
00:33:49,895 --> 00:33:50,885
What happened?
701
00:33:51,029 --> 00:33:53,726
A couple of weeks later,
Mr. Varick called me
702
00:33:54,232 --> 00:33:56,997
and said that he wanted to
talk to Oscar about Razputyn.
703
00:33:58,003 --> 00:34:00,836
Said to have Oscar meet him
at this bar downtown.
704
00:34:02,073 --> 00:34:04,735
I had one of my grooms
relay the message.
705
00:34:05,076 --> 00:34:07,204
Was that the night
Oscar was murdered?
706
00:34:09,114 --> 00:34:10,104
Yeah.
707
00:34:14,019 --> 00:34:16,750
So, let me understand
this, Mr. Holliman.
708
00:34:17,355 --> 00:34:20,518
You admit that you cheated
by holding Razputyn back?
709
00:34:21,159 --> 00:34:22,251
Yeah.
710
00:34:22,327 --> 00:34:25,422
And you are the one who personally
told the jockey not to win?
711
00:34:25,931 --> 00:34:27,126
Yes.
712
00:34:27,198 --> 00:34:30,327
And you were the one who Oscar
Salazar was angry with?
713
00:34:30,869 --> 00:34:31,859
Right, but...
714
00:34:31,937 --> 00:34:34,201
And you were the one who sent him to
the location where he was killed?
715
00:34:34,539 --> 00:34:36,405
Yeah, but I wasn't there.
So you say.
716
00:34:37,409 --> 00:34:41,209
Do you own a jacket with the
Vartek racing stable logo on it?
717
00:34:42,113 --> 00:34:44,912
Of course I do. So, other than
the word of an admitted cheater,
718
00:34:44,983 --> 00:34:49,181
do we have one iota of proof that my
client did the things you say he did?
719
00:34:59,931 --> 00:35:02,366
The transfers from
the Vartek Pension Fund
720
00:35:02,434 --> 00:35:06,837
were authorized by its two Trustees,
my mother and Ben Shaney.
721
00:35:07,906 --> 00:35:09,601
HAMMOND: Were the monies
used to buy Razputyn?
722
00:35:09,674 --> 00:35:11,540
They were, but you
have to understand,
723
00:35:11,610 --> 00:35:14,011
that transaction was
for investment purposes.
724
00:35:14,479 --> 00:35:17,881
I wanted the employees of
Vartek to reap the appreciation
725
00:35:17,949 --> 00:35:19,417
in value of the horse.
726
00:35:19,684 --> 00:35:23,814
Did you intend to steal from
the pension fund, Mr. Varick?
727
00:35:23,955 --> 00:35:26,185
That is the last thing
I would ever do.
728
00:35:26,424 --> 00:35:29,917
Many of these people were with my
father when he started the company.
729
00:35:30,428 --> 00:35:32,089
So how do you account
for your actions?
730
00:35:32,297 --> 00:35:35,460
I know I cut a few
administrative corners,
731
00:35:35,533 --> 00:35:38,059
but when it comes to
the welfare of my workers,
732
00:35:38,370 --> 00:35:39,667
I'm not conservative.
733
00:35:39,738 --> 00:35:43,732
The return on the Vartek pension
fund was averaging less than 2%.
734
00:35:44,142 --> 00:35:46,406
And when I saw this horse,
735
00:35:47,545 --> 00:35:51,482
I knew that I could double,
or even triple, our money.
736
00:35:51,549 --> 00:35:54,678
For God's sake,
Smarty Jones was syndicated
737
00:35:54,753 --> 00:35:56,983
for$39 million
738
00:35:57,055 --> 00:35:59,353
after only two years
of racing.
739
00:36:00,525 --> 00:36:02,391
You heard Caz Holliman's
testimony
740
00:36:02,494 --> 00:36:06,988
that you instructed him to hold back
Razputyn to disguise his value.
741
00:36:07,165 --> 00:36:12,001
And that's completely false. I think
it was some kind of betting scam
742
00:36:12,070 --> 00:36:15,938
Caz was operating to run up
the odds for one big score.
743
00:36:16,508 --> 00:36:20,809
And as far as Oscar Salazar,
Mr. Varick?
744
00:36:22,147 --> 00:36:24,047
I never met the fellow.
745
00:36:24,916 --> 00:36:28,250
I had nothing against him.
746
00:36:30,889 --> 00:36:33,381
And I did not kill him.
747
00:36:40,565 --> 00:36:44,661
Are you seriously telling this jury
that you considered a racehorse
748
00:36:45,270 --> 00:36:49,366
to be a sound investment for your
employees' retirement money?
749
00:36:49,674 --> 00:36:53,736
Before I bought Razputyn, I did
extensive research on his bloodlines.
750
00:36:54,379 --> 00:36:57,474
I had x-rays taken of his
legs to detect any injuries.
751
00:36:57,549 --> 00:37:01,952
I consulted with a preeminent veterinarian
in Dubai on the horse's confirmation.
752
00:37:02,654 --> 00:37:05,589
If Razputyn belonged
to your employees,
753
00:37:07,192 --> 00:37:09,183
why did you race the horse
in your own name?
754
00:37:10,095 --> 00:37:12,996
A pension fund can't get an owner's
license in New York, Mr. McCoy.
755
00:37:13,064 --> 00:37:15,499
If you'd done your homework,
you'd know that.
756
00:37:16,367 --> 00:37:17,892
Well, that's convenient,
Mr. Varick.
757
00:37:18,269 --> 00:37:22,467
So, you were able to use your expertise in
these matters to conceal your thievery?
758
00:37:22,574 --> 00:37:24,508
Objection!
JUDGE: Sustained.
759
00:37:24,576 --> 00:37:26,601
You under-reported
the price of the horse!
760
00:37:26,678 --> 00:37:28,544
It's common practice
in the industry.
761
00:37:28,613 --> 00:37:31,776
No one wants to publicize what they
paid for an animal in a private sale.
762
00:37:31,850 --> 00:37:33,113
It's part of the game.
763
00:37:33,184 --> 00:37:34,310
JACK: Of deceiving
the public?
764
00:37:34,385 --> 00:37:36,547
I may have misled
the Jockey Club.
765
00:37:36,621 --> 00:37:38,953
But I insured the horse
for what I paid
766
00:37:39,023 --> 00:37:41,515
so that none of my employees
would lose a penny
767
00:37:41,593 --> 00:37:43,493
of their money in the case
of an injury.
768
00:37:43,561 --> 00:37:46,724
What about the fancy parties you
threw with our pension money?
769
00:37:46,798 --> 00:37:47,890
(JUDGE BANGING GAVEL)
770
00:37:47,966 --> 00:37:49,456
And the yacht you
took to the Caribbean?
771
00:37:49,534 --> 00:37:51,298
Please, sir, sit down
and be quiet.
772
00:37:51,369 --> 00:37:53,167
You're a thief, Edgar!
Athief!
773
00:37:53,238 --> 00:37:54,967
JUDGE: Remove him
from the courtroom!
774
00:37:55,306 --> 00:37:56,569
And your father...
775
00:37:57,008 --> 00:38:01,104
Your father would roll over in his grave
if he knew what you were doing to us!
776
00:38:02,547 --> 00:38:03,639
Come up!
777
00:38:07,285 --> 00:38:09,253
Well, that was end run
around the Court's ruling.
778
00:38:09,320 --> 00:38:11,220
Which the prosecution knew
absolutely nothing about.
779
00:38:11,289 --> 00:38:13,451
Oh, I'm sure.
I'm moving for a mistrial.
780
00:38:13,525 --> 00:38:16,119
A curative instruction
will suffice, here, Judge.
781
00:38:17,662 --> 00:38:19,960
We'll let the jury go
home for the day.
782
00:38:20,031 --> 00:38:22,898
I am loath to derail this
trial because of this,
783
00:38:23,668 --> 00:38:27,332
but I will hear your arguments
at 09:30 tomorrow morning.
784
00:38:35,680 --> 00:38:37,307
I just lost my head.
785
00:38:37,949 --> 00:38:40,384
Sitting there,
watching Edgar lie like that.
786
00:38:40,451 --> 00:38:41,941
I know it's upsetting,
but you can't just...
787
00:38:42,020 --> 00:38:46,480
All that bull about the welfare of the
employees. It's just one big snowjob.
788
00:38:46,558 --> 00:38:49,619
A cross-examination
is complicated, Mr. Shaney,
789
00:38:49,694 --> 00:38:52,254
the first few questions
often lay a trap for later.
790
00:38:54,065 --> 00:38:55,123
I'm sorry.
791
00:38:55,300 --> 00:38:56,893
I should have just
let you do your job.
792
00:38:57,035 --> 00:38:59,800
Yes, you should have! Very
poorjudgment on your part.
793
00:39:06,010 --> 00:39:08,775
It's 11:10, Ms. Hammond.
Where's your client?
794
00:39:08,980 --> 00:39:10,277
I don't know,
Your Honor.
795
00:39:10,348 --> 00:39:12,749
He hasn't answered any of the
numbers we have for him.
796
00:39:12,851 --> 00:39:14,285
Have you sent
someone to his home?
797
00:39:14,352 --> 00:39:16,821
And his place of business.
We still can't find him.
798
00:39:17,055 --> 00:39:18,580
Our detectives have
checked the morgue,
799
00:39:18,656 --> 00:39:20,351
they've checked every
hospital in the borough,
800
00:39:20,425 --> 00:39:22,553
and they've sent local police
to his mother's house.
801
00:39:23,127 --> 00:39:25,721
JUDGE: So, what's
your pleasure, Counselors?
802
00:39:26,197 --> 00:39:27,790
Apparently, Mr. Varick
has fled.
803
00:39:28,533 --> 00:39:31,195
Since he voluntarily absented
himself from his trial,
804
00:39:31,269 --> 00:39:32,930
he shouldn't be able
to claim it's unfair.
805
00:39:33,004 --> 00:39:34,904
Your Honor should deny his
motion for a mistrial.
806
00:39:35,573 --> 00:39:37,007
And what then, Mr. McCoy?
807
00:39:37,075 --> 00:39:38,634
Continue the trial
in absentia.
808
00:39:39,077 --> 00:39:41,944
If Mr. Shaney's outburst
was prejudicial before,
809
00:39:42,013 --> 00:39:44,243
it's doubly so
if it appears to the jury
810
00:39:44,315 --> 00:39:46,613
that my client was driven
from this courtroom.
811
00:39:46,684 --> 00:39:48,880
The defendant should have
thought of that before he ran.
812
00:39:48,953 --> 00:39:51,945
This is a pattern with Mr. Varick,
profiting from his own malfeasance,
813
00:39:52,023 --> 00:39:53,513
and it's time
for it to stop.
814
00:39:55,226 --> 00:39:58,093
As much as I would like to
continue without Mr. Varick,
815
00:39:58,162 --> 00:39:59,994
lam going to play it safe.
816
00:40:00,798 --> 00:40:04,200
I'm declaring a mistrial,
a bench warrant is ordered.
817
00:40:05,770 --> 00:40:06,828
(BANGS GAVEL)
818
00:40:10,341 --> 00:40:11,331
Anything new?
819
00:40:12,410 --> 00:40:14,674
They found Varick's Mercedes
in a lot at JFK.
820
00:40:15,813 --> 00:40:18,578
I'm checking with the FAA, they
should be able to track his passport
821
00:40:18,650 --> 00:40:20,140
and find out
where he's headed
822
00:40:20,251 --> 00:40:22,413
JACK: I doubt
if he'd use his own.
823
00:40:25,256 --> 00:40:26,621
But don't put away the file.
824
00:40:27,625 --> 00:40:32,119
Notice the defense for a motion
pursuant to Penal Law Article 450.
825
00:40:32,897 --> 00:40:34,922
And call the NYPD
Mounted Unit.
826
00:40:35,667 --> 00:40:37,658
They must have
a spare horse trailer.
827
00:40:40,772 --> 00:40:43,673
The People have no right
to dispose of stolen property
828
00:40:43,741 --> 00:40:46,711
until there is an adjudication
that it is, in fact, stolen!
829
00:40:47,045 --> 00:40:48,274
That's not what
the statute says.
830
00:40:48,346 --> 00:40:52,283
It allows the District Attorney to restore
stolen property to the lawful owner
831
00:40:52,350 --> 00:40:54,682
upon written notification
to the defendant.
832
00:40:54,752 --> 00:40:56,277
Who is not here to
challenge the allegation.
833
00:40:56,354 --> 00:40:59,380
Because he fled thejurisdiction,
his car was found at JFK.
834
00:40:59,457 --> 00:41:01,721
Your Honor, this so-called
stolen property,
835
00:41:01,793 --> 00:41:03,318
it's not even in
the D.A.'s possession.
836
00:41:03,394 --> 00:41:06,625
At 6:00 this morning, Razputyn was
seized from Caz Holliman's barn
837
00:41:06,698 --> 00:41:08,257
and placed in
a police vehicle.
838
00:41:08,333 --> 00:41:12,099
It is our further intention to seize
every item in Mr. Varick's possession,
839
00:41:12,170 --> 00:41:14,764
since he began looting
his company's pension account.
840
00:41:15,073 --> 00:41:17,940
From the racing stable
down to his martini shaker.
841
00:41:18,009 --> 00:41:19,170
For spite?
842
00:41:19,243 --> 00:41:20,938
To restore Vartek's
Pension Plan.
843
00:41:21,012 --> 00:41:23,344
Your Honor, the tail
is wagging the dog here.
844
00:41:23,514 --> 00:41:26,142
If Mr. Varick has a problem
with the People's application,
845
00:41:26,217 --> 00:41:30,620
he has 48 hours to appear and
convince me why I shouldn't grant it.
846
00:41:34,959 --> 00:41:38,953
So what now, Jack? Auction off
Razputyn to recoup the pension money?
847
00:41:39,263 --> 00:41:41,630
That'll be up to the
Trustees, it's their horse.
848
00:41:41,699 --> 00:41:42,689
A.D.A. Borgia.
849
00:41:45,470 --> 00:41:47,734
Are you kidding? Uh, hold on.
850
00:41:48,906 --> 00:41:50,567
They found Varick.
851
00:41:52,076 --> 00:41:53,976
We towed the car in
from JFK.
852
00:41:54,445 --> 00:41:56,880
Finally got around to
doing an inventory.
853
00:41:59,017 --> 00:42:00,917
FONTANA: Here
lies Edgar Varick.
854
00:42:03,721 --> 00:42:05,246
One in the head.
855
00:42:05,790 --> 00:42:08,259
How many people did this guy
screw over at his company?
856
00:42:08,326 --> 00:42:09,521
Three hundred.
857
00:42:09,594 --> 00:42:12,859
Throw in the family and friends of Oscar
Salazar, that's a lot of suspects.
858
00:42:13,798 --> 00:42:15,698
And a lot of justice.