NARRATOR: In the criminal justice system
the people are represented by two separate yet equally important groups,
the police who investigate crime
and the district attorneys who prosecute the offenders.
These are their stories.
It's Stalinism! The Board of Education is purging our lifestyle from the curriculum!
Will you please let Mr. Durban answer the question?
They can pretend that we don't exist, but you can't, Richard!
We elected you to the City Council
and we damn well expect you to stand up to them!
People, the bigger issue before the Council
is health coverage for same-sex partners.
That's a battle we can win.
That's your answer? Compromise?
It's called politics. You don't get it, Richard, we want it all.
And if you can't deliver, we'll find somebody who will!
You'll have your chance next year. That's called politics, too.
Congratulations, Cliff.
Your talent for annoying people hasn't diminished with age.
Between making friends and getting results, it's a no-brainer.
Well, then, congratulations again. You're failing on both counts.
MAN 1: What are you doing? You're nuts! MAN 2: Yeah? The hell with you!
(sun FIRING)
(WOMAN SCREAMING)
Oh, my God. Richard.
I saw him, Officers. He had a green raincoat. He ran towards 7th.
30 Charlie to Central. Signal 10-54. We have a male down, Bleecker and 7th.
(SIREN BLARING)
(POLICE RADIO CHATTERING)
Councilman Richard Durban. Caught one in the head. No exit wound.
All personal items are intact. This lady saw it.
What did you see, ma'am?
I heard a loud voice. They were arguing.
I was across the street. Then this guy shot that man with a gun and ran away.
The one who shot, what did he look like?
Well, I didn't see his face.
I just saw he was wearing a green raincoat.
Thank you, ma'am. If you think of anything else, tell the officer.
I saw him leave. He was by himself. He lives just a few blocks away.
Anybody follow him from the meeting?
You're accusing one of us?
I knew everybody in that room. We're like a family.
I don't know many family reunions that need a police detail at the front door.
That's to protect us from them, the paranoid straight community.
That's who killed Richard Durban.
Hey, fella, gay, straight, undecided, give me a name, I'll make an arrest.
Oh, come on, you... Thanks for your cooperation.
The community relations course the department gave us sure paid off big time.
Yeah, don't throw away your notes.
Detectives, we got something in the trash can up near the corner.
Well, like the lady said, it's green and it's a raincoat.
Any chance he left his calling card?
No. But he left this.
I, along with every citizen of New York, feel outrage and grief.
I want to offer the city's condolences
to Councilman Durban's family, to the people of...
Have we got a suspect to go with those condolences?
Ballistics matched the slug to the .22 in the raincoat.
No prints on the weapon, and the serial number's been filed off.
Well, what about the raincoat?
The lab's working it up.
The pockets were empty, no laundry marks.
We called the manufacturer.
The past year, they sold 8,000 of them in the five boroughs.
So you're proposing to put an ad in at lost and found
and hope somebody claims it?
Well, we've gone public about a suspect in a green coat.
Maybe someone saw him on 7th Avenue.
Other than that, we don't know anything yet.
How about you find out by this afternoon?
You run into any obstacles, call me.
Yes, sir.
The date for the memorial hasn't been set yet.
Hold on. Contributions?
To the Gay Men's Health Crisis.
I still can't believe it. It's such a waste.
Richard was the first gay politician
who could make people forget their prejudices.
That could make some people very uncomfortable.
The lunatic fringe. They called this morning to say good riddance and worse.
What did they say before Mr. Durban was shot?
There were death threats. Goes with the territory.
These kooks even threatened his family.
You mean his parents or his live-in partner?
No, Richard lived alone. I meant his ex-wife.
She was very supportive of Richard's politics.
Well, if we wanted to look up some of these kooks, where would you suggest we start?
Talk to Councilman Crossley. Kooks are his biggest boosters.
Yeah, I was watching the TV with my wife when they flashed the bulletin.
Hey, I was stunned.
Was that just before you broke out the champagne?
You must be kidding me, right? Besides the fact that I liked Durban personally,
I also lost my juiciest political target.
Well, we heard that some of your supporters might not share your regrets.
So what, it's political? Is that the line from downtown?
Right now, that's our line.
Look, guys, I pounded a beat for a lot of years in Canarsie. I know how it goes.
You guys caught a heavy one, you got the brass dogging you
to get this thing turned around in time for the evening news, right?
Well, hey, have you even considered that maybe Durban was mugged?
Considered and rejected.
Well, so what, he must've been killed by some flag-waving redneck?
Excuse me, I must've been asleep
when the Village People took over the police department.
Come on.
(SIGHING)
So much for the politics of tolerance.
So what?
These people don't shoot each other, they bore each other to death.
Hey, we got a guy shooting up the White House.
Guess knocking off a gay politician's not out of the question.
Well, before we roll out the Warren Commission,
how about we take a look at Durban's personal life?
Even for some gays, it was messy.
And it's not for politicians?
Durban was gay and a politician.
We were married for seven years.
It took me longer than that to accept who Richard was.
I had as much difficulty with it as he did.
But we finally became friends again.
And now, some sick mind...
So you think he was targeted because of his views?
Yes. I campaigned for him last year.
You wouldn't believe the calls I got.
One time, my 11-year-old answered the phone. They called him a faggot.
Did you know much about your ex-husband's personal life?
Is that a nice way of asking if he cruised the gay bars?
Richard was 47. His wild oats were sown a long time ago.
With all due respect, Mrs. Durban,
some of us older guys still have some life left in us.
I'm not suggesting he was celibate.
For a few months now he's had a young friend living with him.
His assistant said he was living alone.
Richard was discreet.
Did you ever meet this person?
No.
But Richard and I had rearranged our son's visiting schedule.
Did your husband ever tell you his friend's name?
Joe. I don't know his last name.
Go ahead, open it up.
(KEYS JINGLING)
Has Mr. Durban's roommate been around today?
Haven't seen him.
Well, I've been in the basement fixing the boiler.
Uh-huh.
But you've met him, right? Oh, sure. Mr. Gibb.
He's usually in during the day.
The dresser and the closet have been cleaned out.
Looks like he took the art collection with him, too.
Gee.
Think he went out to make funeral arrangements?
Is this Mr. Gibb?
Yeah. Nice young fella. Very popular.
How so?
He seemed like he had a lot of friends coming in and out of here every day.
When Mr. Durban was out? Yeah, I guess.
The lab found some hairs on the raincoat. What have you got?
New evidence that May-December romances don't work.
Seems like Mr. Gibb wasn't quite as fond of monogamy as Mr. Durban.
Anything else? Yeah.
We pulled the IUDs on their apartment.
Figured any calls made during the day were from Gibb.
Anybody he called might know where he is.
But mostly it's pizza parlors and a hair salon.
There's a lot of 812 prefixes. Beepers.
Yeah. We left our number for call-backs.
Keep me posted.
Oh, no, I'd really like to surprise him.
Just tell him it's an old friend. Oh, sure, I'll hold.
Mr. Barnett? Oh, hi. My name's Mike Logan.
Yeah. Well, actually, we...
We have a mutual friend. Joe Gibb.
Yeah, I'm trying to get in touch with him...
Hello? Hello? He hung up.
I had two of those.
Soon as I mention Gibb's name, I get the dial tone.
Makes you wonder what they're up to with Mr. Gibb.
(PHONE RINGING)
Yeah? Oh, yes, I beeped you.
Yeah, I got your number through Joe.
What do I like? Well, nothing bizarre.
Yeah, matter of fact, I've got a lunch break right now. Can you meet?
My name's Lennie. Okay, Eddie, I'll meet you there.
Eddie? I got a date.
What do you think, shall I stick with this tie?
Well, that's my personal favorite.
I got to tell you, Lennie, you look just like my dad.
Well, you don't look anything like my kid.
Yeah, well, you should've seen me last year. I was working the 12th Avenue piers in drag.
Makeup and a Wonderbra. Got a lot of attention from married guys.
You married, Lennie? On and off.
Married guys, they like to pretend they was coming on to a woman.
Soon as you get them alone, they go straight for the cookies.
Yeah, well, that's very informative, Eddie,
but I don't have a whole lot of time here.
Okay. Routine question I gotta ask. You're not Vice, are you?
No, no. Okay.
So what's the deal?
Deal is, if we're talking French it's one thing,
if we're talking Greek, it's another.
Well, what if I want the whole Berlitz course?
100 and a half, plus the room.
Well, let me see if I have enough on me.
Let's make this a threesome, okay?
This is entrapment. You said you weren't Vice.
We're not, we're Homicide. Keep your hands on the table.
What's going on? I got nothing to do with no homicide.
What's this for, packages? That's personal protection.
I run into a lot of weirdoes. Weirdoes like Joe Gibb?
Joey? Joey's one of my matchmakers. Why? What's he done?
He's disappeared, for starters. He cleared out of his 17th Street apartment.
You know where we can find him? No.
Well, you can think about it tonight in the holding cell.
Wait a minute, wait a minute. I guess...
I guess one of his boyfriends caught on to his little sideline.
Joey called me this morning.
He said he'd relocated to the Royale on Lex, okay?
Mr. Gibb, it's the manager. GIBB: Yeah, what do you want?
There's a leak in the room under you. I have to check your bathroom.
(LOCK CLICKING)
Jesus! Don't move. Police.
What the hell is this? Shut up.
He's clean. Sit down.
You wanna tell me what's going on here? When we're in the mood.
Hey, where did you get these? What? I own them.
They look a little big for you. A friend of mine gave them to me.
Are these a gift, too? Yeah. So what?
You can help us hang them in the precinct.
Let's go. Come on.
You guys got the wrong idea here. Richard wanted me to have those things.
For something to remember him by.
You don't strike me as a sentimental guy.
No? Inside, I'm a big pussycat.
So did Durban know you were running an escort service out of his apartment?
So what if he didn't? I'm just helping people make a connection.
It's a lonely city out there.
Yeah, you seem to be a real goodwill expert, Joey.
We looked at your yellows. Multiple arrests for prostitution, public lewdness.
There's nothing violent in there. Just consenting adults having fun.
Maybe Durban decided to spoil the party. He found out, didn't he?
No. Wouldn't matter if he did.
Richard had a hard spot for me. Wanted to reform me.
But a boy needs his amusements.
Then why did you run?
Figured the police would come knocking. And...
Nothing personal, guys, but I don't like cops.
You better start liking us, pretty boy,
because you're gonna spend a lot of time with us.
Now, what were you doing when Durban was shot around 10 p.m.?
I was home. Look, why don't you lay off me
and go bother that right-wing messiah, Councilman Crossley?
He rang the bell about 9:30. He had a bug up his butt about something.
You talked to him?
No, but I saw him through the peephole.
Did you see what he was wearing?
Yeah, some kind of a green coat and a pissed-off look.
I had company. I didn't want to deal with him.
Yeah, well, your company better have a name and better remember you real well, Joey,
or you're gonna find out what cops like to do for amusement.
Leo Barnett. We were playing pinochle.
I'm Detective Briscoe. This is Detective Logan.
Oh, nice to meet you. But I don't know how I can help.
Actually, Mr. Barnett, we've already met.
On the phone. I called to ask you about Joey Gibb.
Oh, that was you. Thought we were disconnected.
I didn't know it was the police.
Mr. Gibb said he was with you when Mr. Durban was shot.
He said that? What do you say?
Yes.
You had to think about it?
I had gone to Councilman Durban's house to drop off a report.
He chaired the Council Transportation Committee.
Mr. Gibb told me Durban would be home soon.
I needed to explain some charts to him, so I waited a little while.
Were you with Gibb at 10:00?
Yes. I left about 10:15.
You see anybody else at the apartment?
No. But I heard the doorbell.
Mr. Gibb told me that Councilman Crossley had come by.
He went there to drop off a report. To drop something.
Either way, he backs up Gibb's alibi and his story about Crossley.
Pretty damn neat.
Maybe Gibb said, "if the cops come by, tell them you were with me"
"or I'll have a chat with your wife."
What, a little blackmail?
How do you want to check it out?
Let's find out what time Mr. Barnett gets home.
I told you, I don't know anything else.
We just have a few more questions.
Mind if we come in? MRS. BARNETT: Who is it, Leo?
Just the super.
Can't we talk in my office tomorrow?
LOGAN: No.
Now look, we thought maybe we could sit down with you and your wife,
talk about Durban, Gibb, some of your other friends.
What do you want? Well, for starters, what were you doing
with Joey Gibb at Durban's apartment?
What do you think I was doing? All right? Will you leave now?
Did Durban know what was going on?
No.
Yes. Joey said Durban found out what he was doing and was throwing him out.
Okay, so when you finished doing what you were doing with Joey,
are you sure about the time you left?
You think Joey shot Durban?
BRISCOE: Well, you said Durban was throwing him out.
Ask him again about linoleum.
That's what I'm doing.
Are you sure you didn't leave earlier? Are you sure you were still there at 10:00?
Yes. I don't know.
Whatever you say, okay? Whatever you want.
Yes, ma'am. Van Buren.
So what do you want to tell her first? That Gibb says he was with Barnett
when Durban was shot, or that Barnett says maybe he wasn't?
Barnett would've said anything to keep us out of his apartment.
Lieutenant?
Gibb's hair doesn't match the hairs on the shooter's coat.
We can live with that. Gibb said he saw Crossley mad
half an hour before the shooting, wearing a green coat.
Crossley. Look at this.
From the City Channel.
Rights, always rights. I talk about decency.
Why is a gay teacher any more likely to make indecent advances to a student
of the same sex than a straight teacher is to make advances
to a student of the opposite sex?
Well, that's what I was gonna ask you.
What is it about you people? Are we here to debate,
or pander to the grossest stereotypes about gay people?
Stereotypes? How many lovers do you have in a year, Mr. Durban?
In a week? In two hours... Crossley told you he liked Durban?
Bars? I resent that...
You resent? I resent you...
Okay. Well, let's check his alibi.
My children. ...my son
to grow up in a city where people are not taught to hate...
I was a cop's wife for 20 years. I know the drill.
So can you tell us where your husband was the night Councilman Durban was shot?
He was supposed to speak at a fundraising dinner on Fulton Street.
But he got tired, so he came home early. About 10:00.
You mean he passed up a chance to make a speech?
If Kevin accepted all his speaking invitations, he'd never be home.
He's very strong for the family.
I believe he mentioned that in one of his debates with Mr. Durban.
Those weren't debates. That was a nightclub act.
Yeah, the one we saw looked like a pier-six brawl.
You gentlemen don't know a dog and pony show when you see one?
You're saying it was all faked?
No, they disagreed,
but they were friends.
They helped each other score points with their constituents. It's done a lot.
I wouldn't exactly say friends. More like each other's evil twin.
But the brawls were an act.
We called it the "Fag and Redneck Review."
Sounds like you didn't approve.
I was Richard's campaign manager.
Half of me felt it undermined our legitimacy.
And how'd the other half feel?
Excited.
When Richard got a hearing for health benefits for same-sex partners
at the Knights of Columbus.
So Crossley was his ticket to a wider audience?
Until Richard got tired of the shtick. He called it quits a couple of weeks ago.
Did Crossley get tired of it, too?
Crossley had trouble separating show biz from reality.
He thought he and Richard were pals.
He asked Richard last week to do a debate in Staten Island.
Richard had to say no three times and spell it.
You got to love these guys.
They pretend to be friends so they can pretend to be enemies.
Yeah, and you wonder why they can't get the potholes filled.
Now, Crossley's a Brooklyn politico, right?
Yeah. A Coney Island baby.
So why does he want Durban to take their act to Staten Island?
And he's up for re-election next year and he passes up a major fundraiser
the night Durban gets killed?
All right, either he needs a new campaign manager or we need a new map.
Crossley. He rode in on last year's conservative revolution
and he was riding right back out again because the census bureau can't count.
Can't count what?
Underprivileged, minorities, immigrants.
The city sued to get them counted and won.
Gets more federal funds, but it has to redraw the lines for City Council districts.
Oh, so Crossley's district was getting erased?
It's not official, but yeah. Thanks to the late Mr. Durban.
He wasn't in charge of redistricting, was he?
No, a commission was. But it has members who are close to people
who wanted a favor from people Durban helped out on a zoning matter.
So the fix was in. Durban was... You know.
But he had a strong political will. He knew how to get what he wanted.
Did Crossley know what Durban did to him?
I knew it. He knew it. My secretary knew it.
My respect for Durban is growing by the hour.
Yeah, he's so smart he's dead.
If Crossley knew how smart Durban had been...
Hello. Yeah. Put me through to Ballistics.
It's Logan. You beeped me?
Go.
Where? All right, thanks.
They raised the serial number on the murder weapon.
It was stolen from a gun shop in Brooklyn in 1985.
Great. That means it could've been through more hands by now than...
Where in Brooklyn? Canarsie.
Crossley's old precinct.
We talked to your partner, Crossley. You busted that burglar.
Yeah. When I was a cop, just like you guys. We are on the same side here.
Well, the problem is, the burglar had 16 guns in his car when you stopped him,
and you only turned in 15 guns to the evidence room.
16, 15... So somebody miscounted.
Or you helped yourself to a drop piece.
You check my service record. 20 years on the force, and I always went by the book.
You show us where in the book it says you can lie to a police officer.
Or maybe it just slipped your mind to tell us you were at Durban's place
half an hour before he got shot.
I didn't think it was relevant,
since I was home when he was killed.
Well, what did you want to see him about that was so pressing?
We were supposed to debate each other in Staten Island. Durban begged off.
I thought he owed me an explanation.
Our witness said you looked pretty upset.
I was upset. Because he wasn't there.
No, you were upset because Durban wiped your Council district off the map.
It's politics. In his shoes, I would have done the same thing.
And we think you did, but with a bullet.
I might have disagreed with Durban,
but don't confuse me with some gay-bashing skinhead.
Why, because you wear a suit?
Now, I did not kill Richard Durban. You guys got the brass and the media on your backs.
Don't try to make it my problem.
Now, I've answered your questions, and I have work to do.
Councilman Crossley.
Motive, access to the murder weapon,
and everyone who knows him says he sometimes wore a green coat.
We searched his house, his office, we can't find it. And he won't produce it.
The one in the trash can fits him and hairs on it are consistent with his hair.
Consistent with his...
They match his hair color, thickness and cross-sectional shape.
That's the best forensics can do.
But his wife gives him an alibi.
She loves her husband. And she hates perverts.
It's gonna tear the city apart.
(ADAM SIGHING)
So?
So I'll call Crossley's lawyer and arrange to have him turn himself in.
You really think you can convince a jury? Yes.
It's a show. The establishment politicians don't care about convicting me.
They just need to show they're politically correct by indicting me.
Mr. Crossley, you are not on trial because you didn't buy the black Barbie.
You're on trial for murder.
Yeah? Well, let me tell you something. If Richard Durban had been heterosexual,
you never would've trumped up this travesty.
If he had been heterosexual, he wouldn't even be dead.
What's that supposed to mean?
His choice of friends. His lifestyle...
Are not on trial. Come on.
So you were one of the founders of the New York Gay Conservative Caucus?
It's not an oxymoron, Ms. Kincaid. You don't have to be heterosexual
to think the welfare state destroys individual responsibility.
So you supported both Durban and Crossley?
Durban on gay rights, Crossley on everything else.
Okay. And you passed back and forth between the camps?
It's not like I was a spy. They both were expecting me.
And you were aware of the strings Durban pulled on the districting commission?
Yes. Okay. Did you tell Crossley?
Do you really believe Kevin Crossley's a murderer?
The jury's going to decide that. You'll have to tell them what you know.
These are very difficult times for us. The gays or the conservatives?
The gay conservatives.
WILEY: My constituency was happy the way things were.
I told Councilman Durban I thought he'd made a mistake,
that he should do what he could to see that Councilman Crossley kept his seat.
And what did Mr. Durban say?
That I'd have to find some other Neanderthal to support.
And what did you do, Mr. Wiley, after you had your conversation with Mr. Durban?
I called Councilman Crossley. I told him what happened.
How did he react? He was stunned.
He said he would talk to Mr. Durban himself.
To your knowledge, did that conversation ever take place?
Yes, it did.
And did you speak to Mr. Crossley about it afterwards?
Yes. He told me I wouldn't have to explain him to my friends anymore.
He'd be leaving the Council. Did he seem upset about that?
No.
He made a joke. Thank you, Mr. Wiley.
Sir, what was the joke?
He said he was thinking of moving to Manhattan,
becoming a fairy, and running against Durban.
GIBB: I met Richard professionally.
In the course of your duties as a prostitute.
Hey, I'm not proud of that. Richard helped me get out of the life.
He was a wonderful man. Everybody misses him.
Before the murder, were you acquainted with Councilman Crossley?
Not professionally.
Yeah, I'd seen him with Richard.
So you have no doubt that it was Councilman Crossley that you saw
half an hour before Richard Durban was murdered?
Plain as day. Banging on the door. He looked very upset.
But you didn't open the door?
Didn't think he wanted to talk to me. I knew I didn't want to talk to him.
Thank you.
How many times have you been arrested, Mr. Gibb?
Five, six. Not counting the day after the murder,
when the police found you with several thousand dollars' worth of property
belonging to Mr. Durban? Richard gave me those things.
After he was dead?
Well, he wasn't gonna need them after he was dead.
The day of the murder, hadn't Mr. Durban just thrown you out of his apartment
because of your pimping and whoring? No.
The police found you in a hotel.
My relationship with Richard was in transition.
Too bad for you.
Durban paid your rent, Durban bought your groceries.
Didn't he even fix your parking tickets?
That meter was broken.
Mr. Gibb, didn't you have good reason to murder Richard Durban?
No, I loved him.
He loved me.
Yeah. Very touching. A hustler in love.
We don't get to choose who our witnesses are.
Gibb is the one who happens to have seen Crossley.
Yeah, well, Powell made him look like the murderer.
Here you are, Mr. Schiff. Yeah, but Gibb's hair doesn't match
the hair on the coat. Powell will argue...
Thank you... that the hair got on the coat
when it was put in the trash can. But Durban was shot at 10:00,
and Gibb was with Leo Barnett at 10:00.
Barnett. Family man.
Are you going to tell the world about his secret life?
No. I don't have to ask Barnett what he was doing with Gibb,
I just have to ask him when he was doing it.
Powell might bring it up.
JACK: Let him.
Just because Barnett is a closet homosexual doesn't mean that he can't tell time.
It was about 9:30 when I heard the doorbell.
And what time did you leave the apartment?
A few minutes after 10:00.
Was Mr. Gibb there when you left?
Yes.
And was Mr. Gibb there the whole time you were there?
Yes.
Mr. Barnett, didn't you tell the police you might have left Mr. Gibb alone before 10:00?
I don't think so.
I have Detective Logan's report on his interview with you in your apartment.
You said you didn't know what time you left.
I do know when I left. It was after 10:00.
I see. Now, you'd been to Mr. Durban's apartment before, is that correct?
Yes. He was chairman of the committee that oversees my department.
I would meet with him a couple of times a month.
Mr. Barnett, do you drive a blue Chrysler?
Yes.
And when you visited Mr. Durban on Wednesday nights,
you parked it on 12th Avenue, near the piers,
more than a mile from Mr. Durban's apartment?
No.
I'm sorry. I meant 7th Avenue. Is that where you parked the night of the murder?
Yes.
Now, you were saying you don't remember what time you left the apartment?
Objection. The witness has already said he was very sure.
Sustained.
Just remind me then, please, Mr. Barnett.
What time did you leave that apartment?
I, uh...
I think it was around 10:00.
POWELL: You didn't check your watch as you walked out the door, did you?
No. No, I didn't.
So it is possible
that you left Mr. Gibb before 10:00?
Yes. I suppose it is.
So you don't know where Mr. Gibb was
when Mr. Durban was murdered, do you?
No, I don't.
Powell!
I'm sorry about your witness, Jack. If I were you, I'd have the police take
another look at Gibb after my client is acquitted.
That was way beyond sleazy.
You really shouldn't take these setbacks so personally.
You as good as told Barnett you had evidence that he cruised gay prostitutes.
You even told him the time and the place.
I just asked a few simple questions.
The man is terrified of being exposed.
He gave you the answers you wanted to hear.
You committed blackmail in front of 200 witnesses.
Blackmail? You gonna arrest me?
We can undo the damage by nailing Barnett on redirect.
Make him explain what Powell did to him.
The jury already heard Barnett change his story once. If we make him change it again,
they won't believe anything he says.
So we let him shoot us in the foot and walk away?
Briscoe and Logan interviewed Barnett at his office.
A few hours later, they interviewed him at home.
Do you think that they went back just because they forgot to ask him
what his mother's maiden name was?
The cops blackmailed him first.
We'll let one of them explain why Barnett's story is so flexible.
Okay, we went to Barnett's apartment,
and we might have threatened to raise our voices. So what?
With his wife in the next room.
Was she? Geez, I didn't see her there.
His wife who doesn't know about his hobby of picking up young men?
Hey, we got the guy's attention.
He'd been having a little trouble focusing up till then.
So you coerced his cooperation.
No, we conducted an effective witness interview.
At that point, you suspected Gibb. You were hoping Barnett would incriminate him.
He got the message and gave you what you wanted to hear.
Maybe. But then we moved on to Crossley and got you your actual killer.
Who may be acquitted because the defense is using the statements
you coerced from Barnett.
What do you want us to do, slap each other on the wrist?
No. I want you to tell the jury what you did.
At the time of our second interview with Mr. Barnett,
our prime suspect was Mr. Gibb.
And you were trying hard to break Mr. Gibb's alibi.
That's correct. Detective Briscoe and I suggested to Mr. Barnett
that we might tell his wife he was patronizing gay prostitutes
if he wasn't completely forthcoming.
And it was only then that he said he was
uncertain about what time he left the apartment.
Yes. Basically, he would have said anything to make us go away.
But until you used excessive pressure,
he'd been clear that he'd been with Mr. Gibb until 10:15?
That's correct. Thank you.
Isn't it possible that Mr. Barnett was telling you the truth
in his second interview?
He would have told us Gibb was a hit man from Mars if we wanted him to.
I see. Are you familiar with Section 135.60 of the Penal Law?
I don't have that one memorized.
Then you can just read the highlighted section.
"A person is guilty of coercion in the second degree when he compels or induces"
"a person to engage in conduct"
"by instilling in him a fear that he will expose a secret."
It's your testimony that that's what you did to Mr. Barnett?
Yes. Have you been charged with coercion?
No. How nice.
You must have a friend in the District Attorney's office.
Objection. Sustained.
Make it a question, Mr. Powell, if you have one.
I'll withdraw it. Detective Logan,
you said Mr. Gibb was at one time your primary suspect in this case.
Why was that?
Because he disappeared from the victim's apartment.
Didn't you also suspect him because he was a pimp
and a prostitute involved in a homosexual affair with the victim?
Actually, we didn't know if that would be relevant.
Really? Wasn't your suspicion of Mr. Gibb based in part on your knowledge
that many gay lovers' quarrels turn violent?
I wouldn't know about that.
You've investigated murders resulting from gay lovers' quarrels, haven't you?
Yes. Tell me, are you familiar with an expression
some police officers use to describe a murder in a gay neighborhood
even before they know the circumstances of the crime?
I'm not sure what you're referring to. I think you do, Detective.
Do I have to bring in witnesses who've heard you say it?
Can I avoid that embarrassment?
They call it homo-cide.
"Gays are unstable. Gays are violent."
"They're so emotionally fragile,"
"they just go off their pretty little heads."
Powell's giving the jury a short course in negative gay stereotypes.
It's 1995. I hope they'll know better.
Read the newspaper.
Two Americans in five think homosexuality is a sin.
Don't worry about two out of five, worry about one out of 12.
CROSSLEY: I was at home with my wife. All night.
Regarding People's 18, sir,
did you acquire this gun from a burglar in 1985?
I've never seen this gun before.
Did you blame Richard Durban for taking away your Council seat?
No, of course not. I was planning on quitting politics anyway.
I mean, in New York City it's too late for politics. My wife and I are moving upstate.
When did you last speak to Richard Durban?
The day before he was shot. He came by my office. He...
I might not have approved of Richard's lifestyle, but we were friends.
He had some problems he wanted to talk about.
What kind of problems? JACK: Objection. That would be hearsay.
LESSING: So it would, Mr. Powell.
As a result of your conversation with Mr. Durban, what did you do?
I gave Mr. Durban some advice about personal security.
Personal security? Yes. He was afraid of his boyfriend.
Objection. Move to strike. Granted.
The jury will disregard the witness's last remark.
Mr. Crossley, did you shoot Richard Durban?
No. No, I did not.
If you were planning on quitting politics,
why did you want to debate Richard Durban on Staten Island?
We had a commitment. A commitment you made because
you were thinking of moving to Staten Island and running for City Council there.
Isn't that right? I told you, I'm quitting politics.
I'm sure you are now, but then you wanted to stay in
and you needed Richard Durban to help you.
No.
So you just wanted to debate Richard Durban for your health.
I thought it would be a public service.
To give potential voters an opportunity
to hear you speak. Not me.
But I thought they should see someone like Richard Durban.
An intelligent, successful politician
who had just succeeded in running you out of city government.
I thought they should see someone who acted contrary to nature and to God.
Come on, Mr. Crossley,
you couldn't have found his sexual orientation that upsetting.
You just said you were friends.
Well, only as long as I could stop myself from thinking about what he did.
Where he did it. Sex in those bars, sex in the streets.
Mr. Crossley... Sex with that sleazy hustler he picked up...
Will Your Honor instruct the witness to confine his responses...
I'm surprised he lived as long as he did. You bastard!
You killed him, and now you smear him! LESSING: Order!
Order in the court. See? Associating with people like that.
The officer will remove that man.
You gay-baiting pig! You killed Richard!
Order in the court! We're queer and we're here!
Sit down or I'll cite you.
CROSSLEY: You see what we have to deal with? You see what they're like?
Mr. Crossley, that's enough.
That's why I'm leaving this town.
That's why. Right there. Order in the court!
Right there. Right there.
(PEOPLE SHOUTING)
Scum.
After the murder of a prominent public figure like Richard Durban,
there is a desire to blame.
Mr. Durban's followers want to blame Kevin Crossley
because they think he fits their idea of a villain.
But the evidence against Councilman Crossley does not fit.
There are no witnesses.
No bloodstains.
No fingerprints.
Just a hair and an old raincoat that
could have belonged to anybody
and a gun Councilman Crossley never saw,
plus the testimony of a professional criminal and deviant.
I hope, Councilman Crossley hopes,
that the killer of Richard Durban is found and brought to justice.
And as soon as you acquit Councilman Crossley the police can begin to look
for that killer in the right places. Thank you.
When you were sworn in,
you promised to put aside prejudice in the search for the truth.
The defense took no such vow and so they have regaled you with tales
of the homosexual lifestyle which have nothing to do with the case at hand.
Richard Durban was killed
because he had Kevin Crossley thrown off the City Council
and he refused to help him get back on again.
Crossley was hurt and he was angry.
He had a green raincoat and he had a gun
which disappeared from police custody while it was in his possession.
He went looking for Richard Durban and he quarreled with him
and then he shot him down in the street.
Richard Durban wasn't murdered because he was gay.
He was murdered because Kevin Crossley was angry.
Mr. Foreman, do you see any possibility that you can reach a verdict
given additional time?
We have tried, Your Honor. We are hopelessly deadlocked.
Very well. You are dismissed with thanks.
Mr. McCoy, Mr. Powell, we'll meet in my chambers tomorrow at 10:00
to discuss a new date, if the People wish to proceed.
The defendant's bail is continued.
If we wish to proceed?
We try him again, they'll gay-bash again.
Is there a sucker on every jury?
It's hard to say. They don't wear a sign.
So my mea culpa was for nothing. I'm sorry.
Well, at least you didn't arrest me for coercion.
It's just a Class-A misdemeanor.
MAN: Pig! Pig! Pervert!
(CROWD YELLING)
(GLASS SHATTERING)
Pig! Pervert!
We're on the same side, if you don't know it.
(WHISTLE BLOWING)
MAN: Bastard!
CLAIRE: Logan doesn't deserve this. I mean, you were there.
I wanted to punch Crossley myself.
But you didn't.
And the federal prosecutor in Oklahoma isn't going to punch anybody, either.
It's called the rule of law.
Otherwise, what's the point?
So what do you think will happen to him?
He'll be walking a beat in Staten Island for two-and-a-half to five.
He'll be fine.