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In the criminal justice system
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00:00:10,698 --> 00:00:14,533
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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First call came in
around 2:00.
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By the time units rolled in,
the flames were wall-to-wall.
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And it's a lock for arson?
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We found a gasoline can
and a box of matches.
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Two witnesses saw somebody drive
away just before the bonfire.
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Gave us a description.
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Louis Johnson, medium rare.
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Smoke stains
in his nose and mouth,
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he was alive
before the fire started.
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Fumes killed him.
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Couldn't run out?
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The door was locked
from the inside.
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Our guess is, he was
spending the night.
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Didn't want any visitors.
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Did Johnson ever have
any trouble before this?
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Some vandalism last week
before he got his trees.
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What was it, kids?
No.
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A local crew muscling the
businesses for protection.
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Nobody, and that includes Johnson,
wanted to talk about it.
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And look where it got him.
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We're gonna need the names
of that crew, all right?
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Two pairs of eyes
put you in the lot.
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I was buying my Christmas tree.
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At 2:04 a.m.
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No, you're cooked, Danny, we got
your prints on the box of matches.
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I hate to break it to you, but you're
the stupidest torch I ever met.
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Now's your one chance
to do something smart.
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I swear, I didn't know Louis was in
the shed when the fire broke out.
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Bad break, his wife tossing him
out of the house that night.
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The job was about reducing the value
of Louis' inventory. That's all.
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I can serve up the guy that paid me.
We know him.
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He's being worked on next door.
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No, we're shopping for the CEO.
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Yeah, but I just know the one guy.
I'm not part of the crew.
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That's too bad, 'cause you're gonna
take the weight for all of them, Danny.
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The Schwartz deli job
last year,
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I can give you
who was behind that.
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Too late.
Somebody already beat you to it.
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All right. Wait, wait.
I got something big.
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I know the guy that really did
that Cookie Costello stabbing.
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You know the one.
Big mother case. 30 years ago.
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Girl got stabbed while the
whole neighborhood watched.
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Yeah. Sal Munoz.
He's been in Attica for the last 30 years.
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Yeah, that's what you think.
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I want somebody
from the D.A.'s in here.
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They need a reason
to move, Danny.
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Yeah, well, tell them this.
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This guy, I'll call him Bobby,
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me and him were having
a few pops one night,
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he tells me how he stuck the girl with
a knife so she could never have kids.
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Hey, see? I got something.
Next time I talk, it's to the D.A.
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My first partner in uniform
was on that Costello canvas.
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They kept the details of her injuries
out of the papers, too personal.
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I remember reading
something about that.
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Yeah, young woman
stabbed 14 times
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and raped outside her building
in the East Village.
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Yeah, while 40 of her
neighbors turned up their TVs
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so they couldn't
hear the screams.
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So what, they had TVs
but no phones?
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Oh, they called the police all
right, about 45 minutes later.
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Should've heard the excuses.
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Everybody assumed
somebody else called it in.
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So if Danny's on the money,
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then the wrong guy's been in
jail for the past 30 years.
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And Mr. Right's
been on the street.
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Thirty years ago, I sat in her
hospital room and held her hand.
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You prosecuted Sal Munoz?
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Ms. Costello sent me Christmas
cards every year since.
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This firebug,
he gave you a name?
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Bobby Farina.
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Career deadbeat. In and out of
State facilities since he was six.
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And somewhere along the way, he
must've picked up a crystal ball.
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Van Buren says the police never released
the specifics of Costello's injuries.
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Munoz confessed.
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After how many rounds
with New York's finest?
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Cookie Costello
couldn't ID him, Adam.
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We should at least talk to her.
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Absolutely not.
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A building full of her friends
and neighbors watched.
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She was stabbed, then raped,
left for dead in an alley.
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Thirty years isn't time enough
for wounds like that to heal.
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Munoz is serving consecutive 25-year terms.
We can't ignore this.
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Have the cops find
this Farina character.
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Damn.
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Today's my birthday,
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you know, half a century, I'm
pushing carcasses for a living.
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Yeah, I know just
how you feel, Bobby.
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Half a century and I'm still
talking to scum like you.
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I'm all straightened out now.
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Oh, yeah.
We heard from your P.O.
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How you got four years for
straightening out your girlfriend.
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I'm a gridiron legend.
You know, we can't all beat the rap.
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And what about
Cookie Costello?
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You straighten her out, too?
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Don't ring no bells.
A bitch with a name like that, I'd remember.
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What? You don't
read the papers?
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She was carved up in May 1965,
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three blocks from where
you parked your sorry ass.
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I was doing a stretch
in Dannemora in '65.
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For assaulting
a hooker, we heard.
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You went in, in September.
Try again.
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May '65.
I could've been in New Jersey.
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I did a lot of work there.
You know, collecting for the bookies.
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Hey, the only ones who knew the
particulars are the victim, her doctors,
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and the piece of crap
who did it, and that's you!
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All right, look. I got it from this
lawyer, Nick Taradash, all right?
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He repped me on a couple beefs.
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The guy lays all these gems on me about
this Costello thing. I swear to God.
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Nick and I shared office space
after his first coronary,
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and after his second last summer,
I took over the whole place.
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And that would make him?
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Dead. He made me
his executor.
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Should've said no.
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Sanitation Department
would choke on his files.
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Did you know Nick?
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No. But we ran into one of his clients, Ms.
Marks. Bobby Farina.
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Leg-breaker,
all-around dirt bag.
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Don't know the name, but the
description fits Nick's clientele.
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All the local hoods used to carry
Nick's card in their wallets.
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And now
they carry yours?
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I'm not the household name Nick
was, but I'm getting there.
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Okay, Bobby Farina.
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Still has a balance.
What's he done now?
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We're looking at him
for the Cookie Costello case.
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He has knowledge of details
that were withheld.
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Claims he got them
from Mr. Taradash.
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Possible. Nick was court-appointed
to rep the defendant, Sal Munoz.
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He liked to talk it up.
Case got him good press.
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So in other words, Taradash
was handed a hot potato.
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Not much he could do with it.
Munoz confessed.
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Nick tried to plea him
on insanity,
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but, apparently, the juries didn't
go for that stuff back then.
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Insanity's the defense
of last resort.
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Taradash went for it
on first down.
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So maybe his heart
wasn't in it.
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After all, the vic was the
girl next door, right?
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Let me propose
a less noble reason.
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Taradash makes his living
repping the local bad boys.
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Now, suppose one of them
was the guilty party?
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Farina. And Taradash might not want
to bite the hand that feeds him.
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I wonder if Bobby's name ever
came up during the investigation.
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Let's go see the detectives.
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Farina? Dumb muscle.
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Yeah, that's him.
You ever look at him for the Costello case?
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No. No, Costello
was a sex thing.
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We had our guy,
the P.R., Munoz.
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The sick son of a bitch followed
her from work in his car.
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Picked on her because she
was wearing a white dress.
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Figured she was canned goods.
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You said she was
coming home from work?
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What we got is
she went to a movie.
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Oh, no. She was working under
the table at the Franklin Pub.
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On account of her probation, she was
supposed to keep out of the place.
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Probation for what?
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Gambling.
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We didn't release that
out of respect for the victim.
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What else didn't make it
into your report?
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It had nothing to do
with the case.
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She gambled, Farina
collected for gamblers.
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There's gambling all over the
place except in your report.
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Munoz did it! He confessed to it.
And two rapes besides.
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Right after a trip
to the West End Grill?
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Munoz was a righteous bust.
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So the hell with you.
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Okay, I'll bite.
What's the West End Grill?
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The docks on the West Side.
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Back in the '60s, they used to
take guys like Munoz out there
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and see how far they could swim, after
they beat the hell out of them.
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Or so I heard.
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It's time to talk to Cookie.
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She lives in Tarrytown.
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Oh, I'm sorry. I don't remember
anything after I got out of my car.
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After 30 years, nothing.
The doctors said it was the shock.
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I say it was God's way
of healing.
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Well, that's a good way
of looking at it.
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Yeah, well, I've tried
to forget everything.
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00:10:01,945 --> 00:10:04,380
So why is this all
coming back now?
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We have some new information
on a Bobby Farina.
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00:10:07,485 --> 00:10:09,112
Guy from the old neighborhood.
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00:10:10,488 --> 00:10:13,423
Dad? Bobby Farina?
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A wiseass kid, used to
nick candy from my store.
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He grew up to be a bagman for the
bookies in the East Village.
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00:10:23,901 --> 00:10:26,199
Why do you worry about Farina?
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00:10:26,270 --> 00:10:28,500
They got the guy
that attacked her.
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00:10:30,675 --> 00:10:32,404
You had a gambling
arrest back then?
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You bastards got crust.
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00:10:35,580 --> 00:10:37,775
Don't tell them nothing,
Cookie.
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00:10:38,517 --> 00:10:40,781
Dad, I can handle this.
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00:10:45,156 --> 00:10:48,557
I was 22,
I liked the excitement.
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I used to have a crush
on Sandy Koufax.
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00:10:52,531 --> 00:10:55,159
I used to bet the Dodgers
when he pitched.
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00:10:55,233 --> 00:10:58,533
I bet the Giants, but
sometimes I got jammed up,
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00:10:58,604 --> 00:11:03,837
and so I took bets at the bar for
the bookies, to work it off.
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00:11:04,544 --> 00:11:05,738
I got caught.
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00:11:05,811 --> 00:11:08,507
And that's it? You never had
any trouble with Bobby Farina?
201
00:11:08,581 --> 00:11:11,072
You think I brought this on myself?
202
00:11:12,919 --> 00:11:17,185
Look at it.
It's the dress she was wearing.
203
00:11:17,256 --> 00:11:21,990
Every time that animal comes up
for parole, I'm there with this.
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00:11:22,062 --> 00:11:26,863
He laughs at me in the court,
and you think it's not him?
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00:11:26,934 --> 00:11:28,595
You're damn fools.
206
00:11:30,304 --> 00:11:32,272
She was up to her elbows
in the action.
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00:11:32,339 --> 00:11:34,705
She could've pissed off these
mooks any number of ways.
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00:11:34,775 --> 00:11:36,470
So they have Bobby
send her a message.
209
00:11:36,543 --> 00:11:38,408
Yeah, unless she wants
a repeat performance,
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00:11:38,478 --> 00:11:39,604
she doesn't put
the finger on him.
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00:11:39,680 --> 00:11:41,443
What? 30 years later,
she's still afraid?
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00:11:41,515 --> 00:11:44,678
Hey, she looks at those scars every night.
Listen, pull her records.
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00:11:44,751 --> 00:11:47,277
See if she was ever
mixed up with Bobby.
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00:11:51,359 --> 00:11:53,259
Here we go.
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00:11:53,328 --> 00:11:58,288
Promoting gambling, second degree.
She got a year probation.
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00:11:58,366 --> 00:12:01,301
Well, well.
Taradash was her attorney.
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00:12:01,369 --> 00:12:03,098
Yeah, he was a local guy.
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And Munoz wasn't.
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Hey, Lennie, look at this.
The bookie she was working for.
220
00:12:09,077 --> 00:12:13,845
Eddie Murrows, I remember him.
He's a KG, Known Gambler.
221
00:12:13,916 --> 00:12:15,884
I know what it is.
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00:12:15,951 --> 00:12:19,045
He was in Bobby Farina's file
as one of his employers.
223
00:12:22,625 --> 00:12:24,650
Sure, Bobby did
some work for me.
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00:12:24,727 --> 00:12:29,096
Nudged a few clients to get current on
their delinquencies. Way back when.
225
00:12:29,164 --> 00:12:31,428
Sounds like you had the whole
neighborhood working for you.
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00:12:31,500 --> 00:12:33,832
Bobby Farina.
Cookie Costello.
227
00:12:33,902 --> 00:12:35,563
I let her work off
what she owed.
228
00:12:35,638 --> 00:12:38,129
Nice girl.
Awful what happened.
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00:12:38,207 --> 00:12:40,733
P.R. Bastard should have
gotten the chair.
230
00:12:40,810 --> 00:12:42,801
We've got a better candidate.
231
00:12:42,879 --> 00:12:48,579
Yeah. You spent the winter of '65
in Elmira on a gambling rap?
232
00:12:48,652 --> 00:12:50,483
What's that got
to do with Costello?
233
00:12:50,553 --> 00:12:51,952
I ain't got no time for this.
234
00:12:52,022 --> 00:12:53,853
Hey, is that a cell phone
in your shirt pocket?
235
00:12:53,923 --> 00:12:54,947
Yeah. So?
236
00:12:55,025 --> 00:12:57,619
Well, a smart KG like you, you
don't want your calls traced.
237
00:12:57,694 --> 00:13:02,222
You probably use a stolen frequency, right?
An E felony.
238
00:13:02,298 --> 00:13:04,893
It'll take me 30 seconds
to find out.
239
00:13:07,304 --> 00:13:12,173
Now, in 1964, Cookie Costello was
arrested for a gambling offense.
240
00:13:12,243 --> 00:13:14,302
They gave her probation.
That's very generous, right?
241
00:13:14,378 --> 00:13:17,404
Yeah. So a couple of months
later, you get popped.
242
00:13:17,481 --> 00:13:18,971
Did you make
a connection there?
243
00:13:19,050 --> 00:13:20,108
That's nuts.
244
00:13:20,184 --> 00:13:22,709
What she knew about my business
you could put in a gel-tab.
245
00:13:22,787 --> 00:13:23,845
Oh, that's not what we hear.
246
00:13:23,921 --> 00:13:26,617
We hear you gave Bobby
the say-so to carve her up.
247
00:13:26,691 --> 00:13:32,130
No way. Bobby was in East Orange.
May 25th, 1965.
248
00:13:32,197 --> 00:13:36,031
Red-letter day in sports,
Ali took Liston in one.
249
00:13:36,101 --> 00:13:38,262
Bobby visited
a client in Jersey.
250
00:13:38,336 --> 00:13:39,997
A guy in the restaurant trade.
251
00:13:40,072 --> 00:13:44,372
It's possible an unsolved battery
was committed on this person.
252
00:13:44,443 --> 00:13:47,708
The widow said the husband got beat
up at their place about midnight.
253
00:13:47,779 --> 00:13:49,337
Same time as Cookie.
254
00:13:49,414 --> 00:13:52,406
Now she fingered Farina, but the
husband wouldn't make a complaint.
255
00:13:52,484 --> 00:13:54,611
But he stopped gambling
right after that.
256
00:13:54,686 --> 00:13:56,917
The bottom line is,
Bobby's in the clear.
257
00:13:56,989 --> 00:14:00,220
All this because
Taradash opened his mouth.
258
00:14:00,293 --> 00:14:01,555
Small world.
259
00:14:01,627 --> 00:14:03,185
Oh, it gets even smaller.
260
00:14:03,262 --> 00:14:06,425
Taradash was handling
Cookie's gambling cases.
261
00:14:07,934 --> 00:14:09,333
Is that a problem?
262
00:14:12,739 --> 00:14:15,230
Taradash had a prior
relationship with Costello.
263
00:14:15,308 --> 00:14:17,776
Representing Munoz was a
clear conflict of interest.
264
00:14:17,844 --> 00:14:19,243
That's just terrific.
265
00:14:19,312 --> 00:14:20,540
You didn't know?
266
00:14:21,849 --> 00:14:27,082
If we knew that Taradash had the slightest
privileged knowledge of the victim,
267
00:14:27,154 --> 00:14:29,088
we would've had him
conflicted out.
268
00:14:29,156 --> 00:14:31,420
Turns out he didn't use that
knowledge to discredit her.
269
00:14:31,492 --> 00:14:34,222
Could have short-changed Munoz
out of loyalty to her?
270
00:14:34,294 --> 00:14:38,321
Not the Taradash I knew.
There's nothing to this.
271
00:14:38,398 --> 00:14:42,767
He put on a hell of a case.
12 expert witnesses.
272
00:14:42,836 --> 00:14:45,896
Three weeks of testimony.
Munoz got his money's worth.
273
00:14:48,643 --> 00:14:49,803
Yes?
274
00:14:49,878 --> 00:14:51,971
Much as we'd like to, we can't
sweep this under the rug.
275
00:14:52,046 --> 00:14:53,308
Munoz has to be notified.
276
00:14:53,381 --> 00:14:54,405
Right.
277
00:14:54,482 --> 00:14:55,972
Okay. Thanks.
278
00:14:56,885 --> 00:14:59,718
We just got run off
the high road by Teri Marks.
279
00:14:59,788 --> 00:15:02,655
Teri Marks.
Somebody I should know?
280
00:15:02,724 --> 00:15:04,521
She shared an office
with Taradash.
281
00:15:04,592 --> 00:15:08,528
She just filed a motion for a new
trial on behalf of Sal Munoz.
282
00:15:13,869 --> 00:15:17,236
Mr. Munoz would like
to thank your detectives.
283
00:15:17,306 --> 00:15:19,274
If it weren't for them, I would've
never looked in Nick's files
284
00:15:19,341 --> 00:15:20,933
and found the conflict.
285
00:15:21,010 --> 00:15:23,205
Sixth Amendment violation.
Serious stuff.
286
00:15:23,279 --> 00:15:26,976
Only in your mind, Ms. Marks.
What do you want?
287
00:15:27,049 --> 00:15:29,279
What my client wants,
his freedom.
288
00:15:29,351 --> 00:15:31,114
He's been denied
parole three times.
289
00:15:31,187 --> 00:15:33,280
His next at-bat's
in two weeks.
290
00:15:33,355 --> 00:15:35,949
Support his application,
we'll drop this motion.
291
00:15:36,025 --> 00:15:39,894
Fine. Done. As long as
Ms. Costello agrees.
292
00:15:39,963 --> 00:15:41,294
Come on,
293
00:15:41,364 --> 00:15:45,630
Taradash shouldn't have gone near this
case without a waiver from Mr. Munoz.
294
00:15:45,702 --> 00:15:48,432
Of course, this was all
news to you, Mr. Munoz?
295
00:15:48,505 --> 00:15:51,804
That's right, man.
Taradash never told me.
296
00:15:51,875 --> 00:15:55,504
I'll do one better. Everyone knew
about the conflict except my client.
297
00:15:55,579 --> 00:15:56,910
Now it's a conspiracy.
298
00:15:56,980 --> 00:15:58,811
Against the Puerto Rican man,
baby.
299
00:15:58,882 --> 00:16:02,374
Mr. Munoz,
address yourself to me.
300
00:16:02,452 --> 00:16:04,044
Your client confessed.
301
00:16:04,120 --> 00:16:06,248
They didn't need a
conspiracy to convict him.
302
00:16:06,324 --> 00:16:09,452
This so-called conflict of interest
is nothing but a footnote.
303
00:16:09,527 --> 00:16:11,461
As if your opinion matters.
304
00:16:12,430 --> 00:16:16,298
Come on, Sal, I'll walk
you back to your bus.
305
00:16:16,367 --> 00:16:19,803
We got a call from The New
York Times this morning.
306
00:16:19,871 --> 00:16:22,305
You sent them a press release
about your motion?
307
00:16:22,373 --> 00:16:23,965
It's an important case.
308
00:16:24,041 --> 00:16:25,167
For your career.
309
00:16:30,916 --> 00:16:32,850
The canons of ethics
are clear, Your Honor.
310
00:16:32,918 --> 00:16:34,886
A lawyer cannot
represent one client
311
00:16:34,953 --> 00:16:38,081
if he's limited by his
responsibilities to another client.
312
00:16:38,156 --> 00:16:42,388
Unless his client consents. Mr.
Munoz wasn't even aware of the conflict.
313
00:16:42,461 --> 00:16:46,261
Or he conveniently forgot
Taradash notified him.
314
00:16:46,331 --> 00:16:47,525
What's in the case record?
315
00:16:47,599 --> 00:16:48,964
The record is silent
on the subject.
316
00:16:49,034 --> 00:16:51,400
The record is incomplete.
Some transcripts are missing.
317
00:16:51,470 --> 00:16:53,335
Then let's fill in the gaps.
318
00:16:53,405 --> 00:16:56,000
Is the presiding judge still
available to give testimony?
319
00:16:56,075 --> 00:17:00,876
Yes, Your Honor. But Taradash's
conflict is hardly new evidence.
320
00:17:00,947 --> 00:17:04,314
With all due respect, it's not
grounds for enlarging the record.
321
00:17:04,384 --> 00:17:06,716
It is if I say it is.
322
00:17:06,786 --> 00:17:08,413
Taradash told me in chambers
323
00:17:08,488 --> 00:17:11,924
that he had represented
Ms. Costello on one occasion.
324
00:17:11,991 --> 00:17:14,619
But he believed that
his representation of Munoz
325
00:17:14,694 --> 00:17:16,025
wouldn't be adversely affected.
326
00:17:16,095 --> 00:17:19,258
And, of course, he showed you a
waiver signed by his client.
327
00:17:19,332 --> 00:17:20,560
No.
328
00:17:20,633 --> 00:17:24,900
I told him to consult with Munoz, and
to report back if there was a problem.
329
00:17:24,972 --> 00:17:26,064
And that's the last
I heard of it.
330
00:17:26,140 --> 00:17:28,074
Judge Mallory,
why wasn't your conversation
331
00:17:28,142 --> 00:17:30,076
with Mr. Taradash
on the record?
332
00:17:30,144 --> 00:17:33,602
I'm sure it was. I can't explain
why it's not in the transcripts.
333
00:17:33,681 --> 00:17:36,411
And you didn't insist on a
signed waiver from Mr. Munoz?
334
00:17:36,483 --> 00:17:39,145
I admit I should've followed
through personally.
335
00:17:39,219 --> 00:17:41,710
But Taradash tried
a lot of cases before me.
336
00:17:41,789 --> 00:17:45,054
He was meticulous.
I'm sure it's all in his case files.
337
00:17:45,125 --> 00:17:47,150
Ms. Marks, have you checked?
338
00:17:47,227 --> 00:17:49,355
There is nothing in the
files about a waiver.
339
00:17:49,431 --> 00:17:51,865
Your Honor, much as we trust
Counsel's thoroughness,
340
00:17:51,933 --> 00:17:54,026
we'd like to examine
those files ourselves.
341
00:17:54,102 --> 00:17:55,228
Out of the question,
Your Honor.
342
00:17:55,303 --> 00:17:57,203
We're not waiving
attorney-client privilege.
343
00:17:57,272 --> 00:17:59,206
You put it into issue,
Ms. Marks.
344
00:17:59,274 --> 00:18:01,139
They're entitled to look.
345
00:18:01,209 --> 00:18:04,110
I'll appoint a special master
to search the files.
346
00:18:08,083 --> 00:18:11,746
Jack, I was on the phone
with the special master.
347
00:18:11,820 --> 00:18:14,881
Taradash was a neat freak.
He even saved his phone messages.
348
00:18:14,957 --> 00:18:17,482
But there's no mention
of a waiver.
349
00:18:17,560 --> 00:18:20,495
Even a pack rat like Nixon
was short 18 minutes.
350
00:18:20,563 --> 00:18:23,123
Someone doctored his file?
351
00:18:23,199 --> 00:18:27,158
After Taradash died, the files
were turned over to Munoz, right?
352
00:18:27,236 --> 00:18:30,865
He had them until after Marks called
him to inquire about a waiver.
353
00:18:30,940 --> 00:18:33,465
If there was one, Munoz could've
pulled it from his file.
354
00:18:33,542 --> 00:18:37,103
No way to even prove there was
a waiver in the first place.
355
00:18:38,314 --> 00:18:40,374
I checked our old files.
356
00:18:40,450 --> 00:18:46,616
Some of the return receipts from Taradash
were signed by a Marcella Klein.
357
00:18:46,690 --> 00:18:48,715
Secretary?
358
00:18:48,792 --> 00:18:52,057
Initials don't match
Taradash's correspondence.
359
00:18:52,129 --> 00:18:54,097
Klein could've been
a law clerk.
360
00:18:54,164 --> 00:18:56,530
Maybe she's entered
the profession since then.
361
00:19:00,404 --> 00:19:06,173
I was what nowadays you'd call a paralegal,
secretary's pay, lawyer's duties.
362
00:19:06,244 --> 00:19:09,236
But thanks to Mr. Taradash,
I became an attorney.
363
00:19:09,313 --> 00:19:12,612
To your knowledge,
did he ever inform Mr. Munoz
364
00:19:12,683 --> 00:19:14,776
that he had represented
Ms. Costello?
365
00:19:14,852 --> 00:19:19,619
He specifically told me he did.
He said Mr. Munoz couldn't care less.
366
00:19:19,690 --> 00:19:21,180
Thank you.
367
00:19:21,259 --> 00:19:22,920
You weren't present
368
00:19:22,994 --> 00:19:24,985
when Mr. Taradash
spoke with my client?
369
00:19:25,063 --> 00:19:26,087
No.
370
00:19:26,164 --> 00:19:29,031
In fact, you refused to attend
meetings with my client.
371
00:19:29,100 --> 00:19:32,832
Well, he made me uncomfortable.
372
00:19:32,905 --> 00:19:36,500
Mr. Taradash share your
feelings about Mr. Munoz?
373
00:19:36,575 --> 00:19:40,011
Mr. Taradash kept his feelings
separate from his professional duties.
374
00:19:40,079 --> 00:19:46,279
So we shouldn't read anything into the fact
that he let an all-white jury be impaneled?
375
00:19:46,351 --> 00:19:49,411
All-white juries were
commonplace in 1965.
376
00:19:49,488 --> 00:19:52,548
Or that he never brought up Ms.
Costello's criminal activities?
377
00:19:52,624 --> 00:19:54,854
It was moot.
Mr. Munoz confessed.
378
00:19:54,927 --> 00:19:56,862
Or that he never challenged
that confession?
379
00:19:56,930 --> 00:20:00,195
He believed it supported
an insanity defense.
380
00:20:00,266 --> 00:20:01,995
It was his strategy
to let it stand.
381
00:20:02,068 --> 00:20:05,469
An effective strategy, if he
wanted his client convicted.
382
00:20:05,538 --> 00:20:06,971
That's ridiculous.
383
00:20:07,040 --> 00:20:08,871
He believed Mr.
Munoz belonged in a hospital.
384
00:20:08,942 --> 00:20:11,206
And he fought like hell
to get him there.
385
00:20:12,979 --> 00:20:14,537
His loyalties were split,
Your Honor,
386
00:20:14,614 --> 00:20:17,139
between his former client,
a popular young woman,
387
00:20:17,217 --> 00:20:19,276
and the man accused
of brutally attacking her,
388
00:20:19,352 --> 00:20:22,254
a nuisance client, that the
court dumped into his lap.
389
00:20:22,323 --> 00:20:24,291
No one could expect him
to be impartial.
390
00:20:24,358 --> 00:20:26,485
The trial judge did,
and so did Mr. Munoz.
391
00:20:26,560 --> 00:20:29,085
We heard testimony he was
informed of the conflict.
392
00:20:29,163 --> 00:20:32,462
Mr. McCoy, if he was informed, why did
he wait 30 years to seek a new trial?
393
00:20:32,533 --> 00:20:35,366
Maybe because he didn't realize he
could until Ms. Marks told him.
394
00:20:35,436 --> 00:20:36,994
Assume
he did give a waiver.
395
00:20:37,071 --> 00:20:41,098
He has a grade six education, he will
do anything his lawyer tells him to.
396
00:20:41,175 --> 00:20:43,370
The Judge should've looked
out for his interests,
397
00:20:43,444 --> 00:20:45,935
he should've advised
Mr. Taradash to withdraw.
398
00:20:46,013 --> 00:20:49,108
The verdict wouldn't have been any
different with another lawyer.
399
00:20:49,184 --> 00:20:51,482
Everything Mr. Taradash
did was proper.
400
00:20:51,553 --> 00:20:52,918
All right, Mr. McCoy.
401
00:20:54,623 --> 00:20:58,184
The canons compel us to avoid even
the appearance of impropriety.
402
00:20:58,260 --> 00:21:01,821
Since there's no record of any waiver,
I can't assume one was given.
403
00:21:02,898 --> 00:21:06,766
I'm setting aside the verdict and
granting the motion for a new trial.
404
00:21:10,539 --> 00:21:13,703
We had to pull the one judge who
reads the canons with a microscope.
405
00:21:13,776 --> 00:21:16,574
Yeah. Marks is peddling
her offer again.
406
00:21:16,646 --> 00:21:18,409
They'll plead out
if we support parole.
407
00:21:18,481 --> 00:21:19,709
Not in my lifetime.
408
00:21:19,782 --> 00:21:22,182
A new trial, Adam?
30-year-old evidence.
409
00:21:22,251 --> 00:21:24,242
Witnesses gone who knows where.
410
00:21:24,320 --> 00:21:26,288
You have the victim
and the confession.
411
00:21:26,355 --> 00:21:28,323
Do you want me to
gift-wrap it for you?
412
00:21:28,391 --> 00:21:31,326
He's almost 60.
The jury might think he's rehabilitated,
413
00:21:31,394 --> 00:21:32,793
even harmless.
414
00:21:32,862 --> 00:21:37,799
Munoz just crawled halfway out the
hole we dug for him 30 years ago.
415
00:21:37,867 --> 00:21:40,996
You hit him with a shovel before
he crawls all the way out.
416
00:21:46,310 --> 00:21:51,304
"Case number 23049 of '65, People v.
Salvatore Munoz
417
00:21:51,381 --> 00:21:53,679
"One count attempted murder
in the second degree.
418
00:21:53,750 --> 00:21:56,048
"One count rape
in the first degree."
419
00:21:56,119 --> 00:22:00,215
Mr. Morean, remind me to check the
warranty on my hearing aid, will you?
420
00:22:00,290 --> 00:22:02,087
I heard you say '65.
421
00:22:02,159 --> 00:22:05,425
It is a 1965 case, Your Honor.
Remanded for a new trial.
422
00:22:05,496 --> 00:22:09,865
After 30 years?
Hats off, Mr. Munoz.
423
00:22:09,934 --> 00:22:16,032
Let's see. You originally pleaded not guilty
by reason of mental disease or defect.
424
00:22:16,107 --> 00:22:17,335
You sticking with that plea?
425
00:22:17,408 --> 00:22:19,103
My client's amending it
to not guilty.
426
00:22:19,177 --> 00:22:21,077
Your Honor,
we ask bail be denied.
427
00:22:21,145 --> 00:22:22,942
Mr. Munoz confessed
to the crime.
428
00:22:23,014 --> 00:22:25,312
He already served 30 years.
He's earned a little R&R.
429
00:22:25,383 --> 00:22:27,010
Ms. Marks, I don't really care
430
00:22:27,085 --> 00:22:30,248
how much cigarette money he may
have saved over the years,
431
00:22:30,321 --> 00:22:34,190
he's staying put.
Bail is denied. Next.
432
00:22:37,396 --> 00:22:39,523
"Case number 93564..."
433
00:22:39,598 --> 00:22:41,725
Bail for a confessed rapist?
434
00:22:41,800 --> 00:22:43,529
You must've had a double dose
of Wheaties this morning.
435
00:22:43,602 --> 00:22:47,663
I skipped breakfast so I could file this early.
Motion for suppression.
436
00:22:47,740 --> 00:22:50,868
My client wasn't given his
rights before he was questioned.
437
00:22:50,943 --> 00:22:53,707
You kiss that confession
goodbye, Ms. Kincaid.
438
00:22:55,447 --> 00:22:56,574
Mr. Costello...
439
00:22:56,650 --> 00:22:59,210
I had to see it for myself.
440
00:22:59,286 --> 00:23:03,552
My daughter's scared out of her mind
that monster will show up at our door.
441
00:23:03,623 --> 00:23:05,022
We'll make sure
that never happens.
442
00:23:05,091 --> 00:23:09,494
They swore the only way
he'd get out is in a box.
443
00:23:09,562 --> 00:23:12,053
How could you let this happen?
444
00:23:20,173 --> 00:23:23,109
My client was grilled for
six hours without an attorney
445
00:23:23,177 --> 00:23:24,804
before signing a confession.
446
00:23:24,879 --> 00:23:27,939
He was never given any warnings
about his right to counsel
447
00:23:28,015 --> 00:23:29,448
nor his right to remain silent.
448
00:23:29,517 --> 00:23:32,486
In 1965 he wasn't entitled
to any warnings.
449
00:23:32,553 --> 00:23:36,284
The Supreme Court didn't decide
Miranda until 1966.
450
00:23:36,357 --> 00:23:39,849
Miranda landed on the court's
desk in the fall of 1965.
451
00:23:39,927 --> 00:23:42,657
Any competent attorney in the
country would've known about it.
452
00:23:42,730 --> 00:23:44,197
Any competent attorney
453
00:23:44,265 --> 00:23:47,963
would've delayed my client's proceedings
long enough to see how the court ruled.
454
00:23:48,036 --> 00:23:53,440
Mr. Taradash filed 27 pretrial motions
attacking the State's evidence.
455
00:23:53,508 --> 00:23:55,442
His competency is
not in question.
456
00:23:55,510 --> 00:23:59,241
Besides, it's irrelevant.
Miranda isn't retroactive.
457
00:23:59,314 --> 00:24:02,977
It's not grounds for appeal for
every felon convicted before then.
458
00:24:03,051 --> 00:24:05,178
I'm not talking about
every felon.
459
00:24:05,253 --> 00:24:06,481
I'm talking about a case
460
00:24:06,555 --> 00:24:09,752
where there is the possibility
of a conflict of interest.
461
00:24:09,825 --> 00:24:11,315
The confession
was never challenged.
462
00:24:11,393 --> 00:24:14,727
Then challenge it under the
laws as they existed in 1965.
463
00:24:14,797 --> 00:24:15,786
I've read them, Your Honor.
464
00:24:15,865 --> 00:24:19,562
I bet even Clarence Darrow couldn't
get this confession suppressed.
465
00:24:19,635 --> 00:24:23,935
Mr. McCoy, I don't know what a
judge would've done in 1965,
466
00:24:24,006 --> 00:24:27,100
but in 1995, there is an
irrebuttable presumption
467
00:24:27,176 --> 00:24:29,474
that any confession taken
without Miranda warnings
468
00:24:29,545 --> 00:24:32,844
is involuntary
and therefore inadmissible.
469
00:24:32,915 --> 00:24:35,975
I'm granting the motion.
The confession is out.
470
00:24:37,887 --> 00:24:41,551
I'm supposed to waste two
detectives on a 30-year-old case?
471
00:24:41,625 --> 00:24:43,855
We're already behind
on last month.
472
00:24:43,927 --> 00:24:45,360
The judge kicked
the confession.
473
00:24:45,429 --> 00:24:48,455
McCoy's counting on you guys to turn
this sludge back into chicken salad.
474
00:24:48,532 --> 00:24:51,092
This guy's already served twice
what the Chambers kid got
475
00:24:51,168 --> 00:24:52,829
for killing that girl
in Central Park.
476
00:24:52,903 --> 00:24:55,838
Munoz gets out, Detective,
he can sleep on your couch.
477
00:24:55,906 --> 00:24:58,067
Now, we'll need the witness
who ID'd Munoz in a line-up.
478
00:24:58,142 --> 00:25:00,576
One of Cookie's neighbors.
She only saw the guy in the area.
479
00:25:00,644 --> 00:25:01,975
The evidence is very thin.
480
00:25:02,045 --> 00:25:03,603
What about the knife
they found on Munoz?
481
00:25:03,680 --> 00:25:05,979
Lost in the department's
Bermuda Triangle.
482
00:25:06,050 --> 00:25:09,417
Zip on forensics,
no hairs, fibers or prints.
483
00:25:09,487 --> 00:25:11,148
Tell me they did a rape kit.
484
00:25:11,222 --> 00:25:13,656
They blood-typed the semen.
A-negative, same as Munoz.
485
00:25:13,725 --> 00:25:15,716
Along with three million
other New Yorkers.
486
00:25:15,794 --> 00:25:17,455
This is what they went
to court with?
487
00:25:17,529 --> 00:25:19,463
Cookie's father kept her dress.
488
00:25:19,531 --> 00:25:21,362
Maybe the lab can do
something with that.
489
00:25:21,433 --> 00:25:22,593
Get it to Forensics,
490
00:25:22,667 --> 00:25:26,034
and make a list of everyone who had
an apartment facing that alley.
491
00:25:29,774 --> 00:25:32,369
I said everything I had to say
to the police 30 years ago.
492
00:25:32,445 --> 00:25:35,107
We know what you said to your neighbor, Mrs.
Baker, three years later.
493
00:25:35,181 --> 00:25:36,944
We just talked to her.
494
00:25:37,016 --> 00:25:40,076
Yeah, you told her you saw the whole
thing from your bedroom window.
495
00:25:40,152 --> 00:25:42,712
That old bat doesn't know
what she's talking about.
496
00:25:42,788 --> 00:25:44,255
I was asleep
in the living room.
497
00:25:44,323 --> 00:25:48,089
Mrs. Santoro, I don't know what they
did with people like you 30 years ago.
498
00:25:48,160 --> 00:25:51,095
Procedure now is, they throw
you in jail for contempt.
499
00:25:51,163 --> 00:25:52,721
But I didn't see anything.
500
00:25:52,798 --> 00:25:55,562
This guy Munoz still knows
how to swing a knife.
501
00:25:55,634 --> 00:25:58,661
You want him out there on the
same streets as your daughter?
502
00:26:00,640 --> 00:26:03,871
I swear, I couldn't tell
he was stabbing her.
503
00:26:03,944 --> 00:26:05,468
What did you think
he was doing?
504
00:26:05,545 --> 00:26:06,978
Just hitting her.
505
00:26:07,981 --> 00:26:09,972
I heard next morning...
506
00:26:11,685 --> 00:26:13,448
Anyway, they caught the guy.
507
00:26:13,520 --> 00:26:15,078
Well, how much did you see?
508
00:26:15,155 --> 00:26:16,782
Not much.
509
00:26:17,757 --> 00:26:22,695
Must've been at the window maybe 10 seconds.
Saw his face.
510
00:26:24,198 --> 00:26:27,099
I thought Cookie was just fighting with
one of her sleazy boyfriends again.
511
00:26:27,168 --> 00:26:28,999
Yeah? Why's that?
512
00:26:29,070 --> 00:26:31,470
Cookie's what
we used to call easy.
513
00:26:31,539 --> 00:26:33,029
Every month,
different low-life.
514
00:26:33,107 --> 00:26:35,667
So she had it coming, huh?
515
00:26:35,743 --> 00:26:37,836
I'm not saying that.
516
00:26:37,912 --> 00:26:40,676
But the papers made her out
to be this sweet young girl
517
00:26:40,748 --> 00:26:42,511
with the bad neighbors.
518
00:26:42,583 --> 00:26:45,677
She's the one that didn't
belong in a family building.
519
00:26:45,753 --> 00:26:47,243
Nice piece
of workmanship.
520
00:26:47,321 --> 00:26:49,256
Too bad it wasn't
made of armor.
521
00:26:49,324 --> 00:26:51,986
We got punctures in the fabric
from a single-edged knife.
522
00:26:52,060 --> 00:26:54,255
Blood stains typed
and matched to the victim.
523
00:26:54,329 --> 00:26:56,024
Small quantity of dried semen.
524
00:26:56,098 --> 00:26:58,328
After 30 years,
you can ID the owner?
525
00:26:58,400 --> 00:27:01,961
Drying actually preserves the DNA.
Ran a PCR on it.
526
00:27:02,037 --> 00:27:04,130
Matches the blood sample
we got from Mr. Munoz.
527
00:27:04,206 --> 00:27:07,232
Oh, lucky us.
Nowadays he'd be packing latex.
528
00:27:07,309 --> 00:27:10,938
Here's the problem. I picked up more
DNA on the lower part of the dress.
529
00:27:11,013 --> 00:27:13,106
Doesn't match the vic or Munoz.
530
00:27:13,181 --> 00:27:15,412
What's it from? Blood or semen?
Can't tell yet.
531
00:27:15,485 --> 00:27:17,578
It's mixed in with the other fluids.
I'll keep you posted.
532
00:27:17,654 --> 00:27:20,953
All right, thanks.
A third party?
533
00:27:21,024 --> 00:27:22,992
You think Munoz had
an accomplice?
534
00:27:23,059 --> 00:27:25,755
Or Cookie had a quick one
on the way home from work.
535
00:27:25,828 --> 00:27:28,661
Either way, we better find out
before Munoz and his lawyer do.
536
00:27:28,731 --> 00:27:31,791
What'd you want to do, ask her
priest what she said at confession?
537
00:27:31,868 --> 00:27:34,666
Better, her bartender.
She was working at the Franklin Pub.
538
00:27:34,737 --> 00:27:36,136
Yeah, assuming
it's still in business.
539
00:27:36,205 --> 00:27:38,639
I'm here to tell you it is.
540
00:27:38,708 --> 00:27:42,372
Started here 32 years ago.
Finally bought the place in '73.
541
00:27:43,681 --> 00:27:49,278
Now I'm looking to cash in. You interested?
Hey, cops and bars, made in heaven.
542
00:27:49,353 --> 00:27:52,652
Excuse me. I always did
want to own a bar.
543
00:27:52,723 --> 00:27:56,557
Place is a goldmine, Lennie.
Ten guys to every guy.
544
00:27:56,627 --> 00:27:58,925
Yeah, when I used to come in
here, it was all guys, too,
545
00:27:58,996 --> 00:28:00,588
except we had
the Giants game on.
546
00:28:00,664 --> 00:28:04,031
So why the interest
in Cookie Costello?
547
00:28:04,101 --> 00:28:07,196
Sal Munoz is up
for a new trial.
548
00:28:07,272 --> 00:28:08,330
How'd that happen?
549
00:28:08,406 --> 00:28:09,566
It's a technicality.
550
00:28:09,641 --> 00:28:11,871
Anyway, we need some
background on Cookie.
551
00:28:11,943 --> 00:28:13,604
Now, we heard she had
a lot of boyfriends.
552
00:28:13,678 --> 00:28:15,305
Hey, that's a crime?
553
00:28:15,380 --> 00:28:19,248
She was 22, had a nice figure, might
as well put some miles on it, huh?
554
00:28:19,317 --> 00:28:22,548
Was there anyone special she might've
been intimate with that night?
555
00:28:22,621 --> 00:28:24,851
No, no, no.
She was here the whole time.
556
00:28:24,923 --> 00:28:27,289
Look, the girl liked
to have fun.
557
00:28:27,359 --> 00:28:28,951
But the last week she was here,
558
00:28:29,027 --> 00:28:30,289
she was getting
her act together.
559
00:28:30,362 --> 00:28:33,093
She stopped smoking,
stopped drinking, gambling.
560
00:28:33,165 --> 00:28:38,398
Hey, maybe she caught Billy Graham on TV.
Excuse me.
561
00:28:38,471 --> 00:28:42,908
My experience, there's only two reasons
why a woman drops her bad habits:
562
00:28:42,975 --> 00:28:44,442
One, a new man...
563
00:28:44,510 --> 00:28:45,636
Or a baby.
564
00:28:45,711 --> 00:28:47,702
She was stabbed in the
lower abdomen, right?
565
00:28:47,780 --> 00:28:51,079
The other DNA could've come
from a baby she was carrying.
566
00:28:51,150 --> 00:28:54,677
Now, the question is, why didn't the
doctors who patched her up catch it?
567
00:28:54,754 --> 00:28:55,778
Maybe they did.
568
00:28:55,855 --> 00:28:59,849
Maybe it was filed in the police report
right next to her gambling conviction.
569
00:29:05,332 --> 00:29:08,995
Every time one of you people shows
up at my door, it's bad news.
570
00:29:17,678 --> 00:29:21,876
I had only found out about it
a week before. Nobody knew.
571
00:29:24,352 --> 00:29:29,415
I was scared. I was single.
My parents were very traditional.
572
00:29:30,591 --> 00:29:34,288
Back then, girls in my situation didn't
have the choices they have today.
573
00:29:34,362 --> 00:29:37,525
You asked the police to leave
it out of their report?
574
00:29:37,598 --> 00:29:39,327
No. They didn't know.
575
00:29:39,400 --> 00:29:40,458
But the doctors said that...
576
00:29:40,535 --> 00:29:43,470
My father was there
when they brought me in.
577
00:29:45,273 --> 00:29:47,537
The doctors told him
about the baby.
578
00:29:48,877 --> 00:29:53,075
He asked them if they could
keep it secret, for my sake.
579
00:29:53,148 --> 00:29:54,945
Never even told my mother.
580
00:29:57,586 --> 00:30:00,316
People will have to know
about it now, won't they?
581
00:30:00,389 --> 00:30:02,823
Well, that's possible.
582
00:30:04,860 --> 00:30:06,452
What about the baby's father?
583
00:30:06,528 --> 00:30:08,860
I never told him.
He was married.
584
00:30:10,933 --> 00:30:12,833
We might need his name.
585
00:30:15,772 --> 00:30:17,262
Bobby Farina.
586
00:30:24,714 --> 00:30:26,272
She was having
an affair with him.
587
00:30:26,349 --> 00:30:27,816
It lasted less than two weeks.
588
00:30:27,884 --> 00:30:30,375
She was ashamed.
That's why she never said anything.
589
00:30:30,453 --> 00:30:34,082
Issue is, how much does
the other side know.
590
00:30:34,157 --> 00:30:36,785
She's been very good
about keeping her secret.
591
00:30:36,860 --> 00:30:39,989
Have to assume Taradash didn't know.
And neither does Marks.
592
00:30:40,064 --> 00:30:42,032
You're thinking
of not telling Marks?
593
00:30:42,099 --> 00:30:44,090
Well, we have to release the
forensics report on the dress.
594
00:30:44,168 --> 00:30:46,261
So then they'll know
she was pregnant.
595
00:30:46,337 --> 00:30:48,066
Who the father was
is none of their business.
596
00:30:48,139 --> 00:30:51,404
Ms. Kincaid, do you think
we ought to tell them?
597
00:30:51,509 --> 00:30:53,170
We're required to
under Rosario.
598
00:30:53,244 --> 00:30:57,010
Only if we put her on the stand.
And we're not going to.
599
00:30:57,081 --> 00:30:59,743
Even so, it's exculpatory.
600
00:30:59,817 --> 00:31:02,411
It points to a credible
alternative theory of the crime.
601
00:31:02,486 --> 00:31:06,014
I see. Farina was furious
that she was pregnant.
602
00:31:06,091 --> 00:31:09,857
He attacked her. Killed her unborn baby.
Left her for dead.
603
00:31:09,928 --> 00:31:11,555
It might sound
credible to a jury.
604
00:31:11,630 --> 00:31:15,122
And Munoz comes along and rapes her.
Still credible?
605
00:31:15,200 --> 00:31:18,431
Maybe not, but I'd err on the side of
caution and turn over what we know.
606
00:31:18,503 --> 00:31:22,496
And give this three-time rapist
a chance to bluff a jury?
607
00:31:22,574 --> 00:31:24,303
That can't be a consideration.
608
00:31:24,376 --> 00:31:25,570
Oh, it sure as hell can.
609
00:31:25,644 --> 00:31:27,578
At the risk of committing
reversible error?
610
00:31:27,646 --> 00:31:29,477
How many times do we
want to retry Munoz?
611
00:31:29,548 --> 00:31:32,382
As many times as it takes.
612
00:31:32,451 --> 00:31:37,787
We're legally, morally and ethically
entitled to keep this information from him.
613
00:31:37,857 --> 00:31:40,553
And that's exactly
what we're gonna do.
614
00:31:43,696 --> 00:31:46,665
The substance was made up
of blood plasma, lipids and cells,
615
00:31:46,732 --> 00:31:49,030
a mixture consistent
with amniotic fluid.
616
00:31:49,101 --> 00:31:51,467
This led me to conclude
Ms. Costello was pregnant.
617
00:31:51,537 --> 00:31:55,439
What can you tell us about the DNA
from the semen you found on the dress?
618
00:31:55,508 --> 00:31:56,806
I did a PCR test.
619
00:31:56,877 --> 00:31:59,744
The DNA matched the defendant's
on all 21 combination
620
00:31:59,813 --> 00:32:01,075
of genetic markers.
621
00:32:01,148 --> 00:32:03,878
And what are the odds
that the semen on the dress
622
00:32:03,951 --> 00:32:06,215
came from someone
other than Mr. Munoz?
623
00:32:06,286 --> 00:32:07,810
About one in 200.
624
00:32:07,888 --> 00:32:09,185
Thank you.
625
00:32:11,291 --> 00:32:15,694
One in 200 in a city
of eight million?
626
00:32:16,897 --> 00:32:21,891
Doesn't sound that impressive.
Isn't there a more exact DNA test?
627
00:32:21,969 --> 00:32:25,701
The RFLP, but there wasn't enough
semen on the dress to do that test.
628
00:32:25,773 --> 00:32:28,367
You testified that this dress
629
00:32:28,443 --> 00:32:33,005
wasn't kept in the police evidence room
over the last 30 years, is that correct?
630
00:32:33,081 --> 00:32:34,776
Yes.
It was returned to the victim.
631
00:32:34,849 --> 00:32:37,215
So you can't be sure
632
00:32:37,285 --> 00:32:40,220
this is the dress Ms. Costello
was attacked in, can you?
633
00:32:40,288 --> 00:32:42,654
We have a photograph of the dress
taken right after the attack.
634
00:32:42,724 --> 00:32:44,885
This appears to be
the same dress.
635
00:32:44,959 --> 00:32:46,927
Would you bet
your reputation on it?
636
00:32:48,264 --> 00:32:49,492
No.
637
00:32:51,567 --> 00:32:57,938
I saw him from the back, moving
his arms and then he looked up.
638
00:32:58,007 --> 00:32:59,998
Is the man you saw here today?
639
00:33:00,075 --> 00:33:04,478
Yes. That's him
sitting right there.
640
00:33:05,180 --> 00:33:09,116
Let the record show that the
witness pointed at the defendant.
641
00:33:09,184 --> 00:33:11,744
Thank you, Mrs. Santoro.
No more questions.
642
00:33:14,624 --> 00:33:19,084
I just want to make sure
I have this right.
643
00:33:19,162 --> 00:33:23,326
After 30 years your conscience
suddenly drove you to call the police?
644
00:33:23,400 --> 00:33:25,129
No. They came to me.
645
00:33:25,201 --> 00:33:28,068
You just volunteered
what you knew?
646
00:33:28,138 --> 00:33:31,107
They said I could be charged
with contempt if I didn't.
647
00:33:33,376 --> 00:33:38,905
Over the years, you'd read
newspaper accounts of the crime,
648
00:33:38,982 --> 00:33:42,214
you'd seen pictures
of my client?
649
00:33:42,286 --> 00:33:43,651
Yeah, I suppose so.
650
00:33:43,721 --> 00:33:46,417
Then isn't it possible,
under pressure from the police,
651
00:33:46,490 --> 00:33:51,450
that you confused those photos with
the man that you glimpsed in 1965?
652
00:33:51,529 --> 00:33:55,158
Oh, I don't know.
I don't think so.
653
00:33:57,301 --> 00:33:58,962
I'm just trying to do
the right thing here.
654
00:33:59,036 --> 00:34:02,130
My client should rot in jail
just so you can sleep at night?
655
00:34:03,941 --> 00:34:05,637
No more questions.
656
00:34:08,647 --> 00:34:12,674
Mr. Munoz was picked up on a traffic
stop for a broken tail light.
657
00:34:14,019 --> 00:34:18,012
When I searched his car, I found
a switchblade in the glove box.
658
00:34:19,257 --> 00:34:23,318
I saw what looked like
dried blood on the handle.
659
00:34:23,395 --> 00:34:27,263
Without revealing the contents
of the interrogation,
660
00:34:27,332 --> 00:34:31,394
tell us what opinion you formed as to Mr.
Munoz's guilt.
661
00:34:31,471 --> 00:34:34,099
I was convinced he was our guy.
662
00:34:39,178 --> 00:34:43,376
What convinced you, Detective?
The fact that he was Puerto Rican?
663
00:34:43,449 --> 00:34:45,713
He fit the description we had.
664
00:34:45,785 --> 00:34:50,245
Hispanic male driving
a beige car.
665
00:34:50,323 --> 00:34:53,884
How many people fit
that very unique profile?
666
00:34:53,960 --> 00:34:58,261
I wouldn't know. But a witness
picked Munoz out of a line-up.
667
00:34:58,332 --> 00:35:03,964
A line-up consisting of my client and
five Irish cops, isn't that right?
668
00:35:05,105 --> 00:35:07,596
I didn't ask
their ethnic origins.
669
00:35:07,674 --> 00:35:10,336
But we followed procedure
right down the line.
670
00:35:10,411 --> 00:35:13,209
Wouldn't proper procedure
have led you to investigate
671
00:35:13,280 --> 00:35:16,113
Ms. Costello's
gambling associates?
672
00:35:16,183 --> 00:35:17,207
No.
673
00:35:17,284 --> 00:35:19,684
How about the fact that she was
pregnant when she was attacked?
674
00:35:19,753 --> 00:35:22,085
We didn't know she was pregnant.
She didn't tell us.
675
00:35:22,156 --> 00:35:26,184
Now that you know, do the six
stab wounds to her lower abdomen
676
00:35:26,261 --> 00:35:28,627
acquire a new
significance to you?
677
00:35:28,696 --> 00:35:29,754
They might.
678
00:35:29,831 --> 00:35:31,389
You're thinking
whoever attacked her
679
00:35:31,466 --> 00:35:35,562
did so with the intention of ending
her pregnancy, isn't that right?
680
00:35:35,637 --> 00:35:37,730
There's no facts
to support that.
681
00:35:37,806 --> 00:35:42,869
Detective, the only reason we have no facts
is that you never bothered to collect any.
682
00:35:42,944 --> 00:35:45,310
Withdrawn. No more questions.
683
00:35:48,083 --> 00:35:50,109
Marks is killing us.
684
00:35:50,186 --> 00:35:51,244
Yeah.
685
00:35:51,320 --> 00:35:56,553
We've got to put her on, Adam.
The jury needs to hear her.
686
00:35:56,625 --> 00:35:58,991
We'll have to disclose
that Farina's the father.
687
00:35:59,061 --> 00:36:02,189
No choice.
Marks is vilifying her.
688
00:36:02,264 --> 00:36:03,663
If we don't call her
as a witness,
689
00:36:03,732 --> 00:36:06,929
the jury will assume
we've got something to hide.
690
00:36:09,071 --> 00:36:12,939
Put her on the witness list.
Those the old files?
691
00:36:13,008 --> 00:36:14,135
Yeah.
692
00:36:19,483 --> 00:36:22,646
It won't be pretty.
Marks'll have a field day with Costello.
693
00:36:22,719 --> 00:36:25,483
Unless we inoculate the jury.
694
00:36:25,555 --> 00:36:28,080
We do it to her
before Marks does?
695
00:36:28,158 --> 00:36:29,750
Ask the L.A. Prosecutors,
696
00:36:29,826 --> 00:36:33,125
don't they wish they'd pulled
the pin on the Fuhrman grenade?
697
00:36:37,334 --> 00:36:39,131
I mean,
just before I parked,
698
00:36:39,202 --> 00:36:43,299
I noticed this beige car
in my rear view
699
00:36:44,509 --> 00:36:46,067
and then I got out.
700
00:36:46,944 --> 00:36:51,142
The rest is just a blank.
I woke up in the hospital.
701
00:36:51,215 --> 00:36:53,376
Please describe your injuries.
702
00:36:53,451 --> 00:36:58,252
The doctors told me
I had 14 stab wounds,
703
00:36:58,322 --> 00:37:03,089
in my throat, my chest,
arms and stomach.
704
00:37:04,629 --> 00:37:07,758
I can't have
children of my own.
705
00:37:09,968 --> 00:37:12,300
They told me I was raped.
706
00:37:12,371 --> 00:37:16,637
Could you describe your
social life before this attack?
707
00:37:16,708 --> 00:37:20,701
I had a lot of boyfriends.
I liked the attention.
708
00:37:21,980 --> 00:37:23,948
I was young, I was pretty.
709
00:37:24,950 --> 00:37:27,282
I wasn't worried
about the future.
710
00:37:29,121 --> 00:37:31,181
Sometimes, I made mistakes.
711
00:37:31,257 --> 00:37:32,451
Please explain that.
712
00:37:35,528 --> 00:37:37,052
I got pregnant
713
00:37:38,665 --> 00:37:41,862
from this man, Bobby Farina.
714
00:37:44,370 --> 00:37:46,804
He was married.
715
00:37:46,873 --> 00:37:48,864
I never told him
because I didn't know
716
00:37:48,942 --> 00:37:52,309
if I was gonna keep the baby
or give it up for adoption.
717
00:37:53,746 --> 00:37:55,441
And you never
told the police?
718
00:37:56,316 --> 00:38:00,185
No. I was ashamed.
719
00:38:02,590 --> 00:38:05,081
After all the other
stupid things I'd done.
720
00:38:05,159 --> 00:38:06,285
You mean your arrest?
721
00:38:06,360 --> 00:38:09,625
Yes. For bookmaking.
722
00:38:10,764 --> 00:38:13,324
I gambled.
723
00:38:13,400 --> 00:38:19,828
And sometimes, I worked for my
bookie to pay off my debts.
724
00:38:19,907 --> 00:38:21,932
It was very foolish.
725
00:38:23,011 --> 00:38:25,536
I wasn't a career woman.
726
00:38:25,614 --> 00:38:30,244
The way I grew up,
family is everything.
727
00:38:33,054 --> 00:38:37,821
That's impossible now,
because of him.
728
00:38:39,861 --> 00:38:41,226
Thank you.
729
00:38:45,367 --> 00:38:48,963
I'm very sorry about your injuries, Ms.
Costello.
730
00:38:49,038 --> 00:38:52,030
I just have a few questions.
731
00:38:52,108 --> 00:38:58,047
The father of your child, Bobby
Farina, what did he do for a living?
732
00:38:58,114 --> 00:39:02,107
He worked for my bookie.
He collected debts.
733
00:39:02,184 --> 00:39:06,348
Were you aware that he'd been
convicted of violent felonies?
734
00:39:07,757 --> 00:39:10,749
I knew he'd got into trouble
because of his temper.
735
00:39:10,826 --> 00:39:16,060
And you knew that he wouldn't be
overjoyed by the news of your pregnancy?
736
00:39:16,133 --> 00:39:18,226
That's why I didn't tell him.
737
00:39:19,403 --> 00:39:23,533
Well, you just said it was because you
weren't sure about keeping the baby.
738
00:39:23,607 --> 00:39:26,201
Well, it was
for both reasons.
739
00:39:28,445 --> 00:39:32,074
When the police questioned you
recently about Mr. Farina,
740
00:39:32,149 --> 00:39:34,617
you denied knowing him,
isn't that so?
741
00:39:34,685 --> 00:39:37,381
Yes. But I'm not lying now.
742
00:39:37,454 --> 00:39:39,786
I never told him
about the baby.
743
00:39:39,857 --> 00:39:42,553
Because you were afraid
of what he might do to you?
744
00:39:44,162 --> 00:39:45,356
Yes.
745
00:39:46,731 --> 00:39:50,633
But, in fact, Ms. Costello,
you did tell him, didn't you?
746
00:39:50,702 --> 00:39:52,431
No. You threatened
to tell his wife
747
00:39:52,503 --> 00:39:54,437
unless he gave you
money for an abortion.
748
00:39:54,505 --> 00:39:56,905
That's not true.
I am a good Catholic.
749
00:39:56,974 --> 00:39:58,737
I would never do
a thing like that!
750
00:39:58,810 --> 00:40:02,405
You mean the kind of good Catholic
who gets arrested for bookmaking,
751
00:40:02,480 --> 00:40:04,311
who commits adultery
with felons?
752
00:40:04,382 --> 00:40:06,408
Objection.
Sustained.
753
00:40:06,485 --> 00:40:08,180
Tone it down, Ms. Marks.
754
00:40:08,253 --> 00:40:10,585
I am not a bad person!
755
00:40:10,656 --> 00:40:12,248
But Bobby Farina is.
756
00:40:12,324 --> 00:40:16,658
He stabbed you in the stomach and
killed your unborn child, didn't he?
757
00:40:16,729 --> 00:40:18,924
He is the one
who tried to kill me.
758
00:40:18,997 --> 00:40:20,021
How would you know?
759
00:40:20,099 --> 00:40:22,033
You never saw your attacker.
760
00:40:22,101 --> 00:40:23,659
When you came to
in the hospital,
761
00:40:23,736 --> 00:40:26,466
the police told you
Sal Munoz was the one.
762
00:40:26,538 --> 00:40:29,769
And you went along with it because
you knew if you accused Bobby
763
00:40:29,842 --> 00:40:32,277
that he would come back and
finish the job, wouldn't he?
764
00:40:32,345 --> 00:40:33,369
Please stop it.
765
00:40:33,446 --> 00:40:35,004
The police framed my client
766
00:40:35,081 --> 00:40:37,811
and you kept your mouth
shut for 30 years.
767
00:40:37,884 --> 00:40:39,852
Please stop.
Even when the police told you
768
00:40:39,919 --> 00:40:44,879
that Mr. Farina was a suspect, you
still denied knowing him, didn't you?
769
00:40:44,958 --> 00:40:46,949
Yes.
Even though you knew
770
00:40:47,026 --> 00:40:51,019
the only man with the motive to
do this horrible thing to you
771
00:40:51,097 --> 00:40:53,691
was Bobby Farina,
isn't that the truth?
772
00:40:53,767 --> 00:40:58,296
I don't...
I don't know. I don't know.
773
00:41:06,080 --> 00:41:07,741
No more questions.
774
00:41:12,753 --> 00:41:14,653
Marks knows her audience.
775
00:41:14,722 --> 00:41:17,714
You could've heard hair grow
in that jury box.
776
00:41:17,792 --> 00:41:21,387
People slow down for traffic accidents,
that doesn't mean they approve.
777
00:41:21,462 --> 00:41:24,830
Wishful thinking.
She even created doubt in Cookie's mind.
778
00:41:24,900 --> 00:41:28,563
Thirty years ago, no judge
would've let Ms. Teri Marks
779
00:41:28,637 --> 00:41:30,366
get away with that
kind of muck-raking.
780
00:41:30,439 --> 00:41:32,532
Thirty years ago,
you had a confession.
781
00:41:32,607 --> 00:41:36,907
Yeah. And we had
an insanity plea.
782
00:41:36,978 --> 00:41:41,711
You know, Munoz had a girlfriend.
A Dominican girl.
783
00:41:41,783 --> 00:41:44,616
She was supposed to testify at
the first trial on his behalf.
784
00:41:44,686 --> 00:41:46,347
In support of his
insanity plea.
785
00:41:46,421 --> 00:41:48,822
I read her statement.
There's no red flag there.
786
00:41:48,891 --> 00:41:51,189
The girl disappeared
before she took the stand.
787
00:41:51,260 --> 00:41:55,697
Defense accused us of threatening
to pull her visa if she testified.
788
00:41:55,765 --> 00:41:57,323
And?
789
00:41:57,400 --> 00:41:58,867
And nonsense.
790
00:42:00,102 --> 00:42:01,831
Well, then
why'd she disappear?
791
00:42:04,807 --> 00:42:06,604
Find her and ask her.
792
00:42:08,277 --> 00:42:12,373
Sal wanted me to lie for him,
to say that he was crazy,
793
00:42:13,516 --> 00:42:15,451
that he heard voices
794
00:42:16,320 --> 00:42:19,221
and that's why I ran away
to Santo Domingo.
795
00:42:19,289 --> 00:42:22,656
But he's not crazy.
He's just evil.
796
00:42:23,694 --> 00:42:26,925
Mr. McCoy, I hope this isn't
why you want her to testify.
797
00:42:26,997 --> 00:42:28,362
No, Your Honor.
798
00:42:28,432 --> 00:42:32,562
Ms. Valerio, tell the judge
about the times Sal hurt you.
799
00:42:32,636 --> 00:42:36,868
Sometimes, he'd want to have
sex with me and I didn't feel like it.
800
00:42:36,940 --> 00:42:40,536
If I said no, he'd hit
me and force me to.
801
00:42:40,612 --> 00:42:43,775
If I tried to get away,
he would hit me harder.
802
00:42:43,848 --> 00:42:45,975
Your Honor.
803
00:42:46,050 --> 00:42:47,517
Go on, Ms. Valerio.
804
00:42:49,354 --> 00:42:53,347
One time I went to the
police and Sal found out.
805
00:42:53,424 --> 00:42:55,392
He got very angry.
806
00:42:55,460 --> 00:42:59,920
He got this small knife from the
kitchen and he pressed it against me
807
00:42:59,998 --> 00:43:04,059
and he said that if I ever
opened up my mouth again,
808
00:43:04,135 --> 00:43:08,129
that he would cut me up inside so
that I could never have babies.
809
00:43:13,712 --> 00:43:18,615
All right. Thank you, Ms.
Valerio. You can leave now.
810
00:43:27,359 --> 00:43:31,261
Your Honor, I can't believe Mr.
McCoy has asked you to allow this testimony.
811
00:43:31,330 --> 00:43:34,494
It's prejudicial. It's prior bad acts.
It's inadmissible.
812
00:43:34,568 --> 00:43:37,901
It establishes a common pattern.
Same weapon, same MO.
813
00:43:37,971 --> 00:43:40,132
A paring knife
versus a switchblade,
814
00:43:40,206 --> 00:43:42,970
a girlfriend versus
a complete stranger?
815
00:43:43,043 --> 00:43:44,032
There's no pattern here.
816
00:43:44,110 --> 00:43:45,372
He threatened to
injure his girlfriend
817
00:43:45,445 --> 00:43:48,414
in the exactly the same manner
he injured Cookie Costello.
818
00:43:48,481 --> 00:43:49,573
And who knows how many others.
819
00:43:49,649 --> 00:43:51,116
That's the problem.
There are no others.
820
00:43:51,184 --> 00:43:53,652
Two vaguely similar acts
do not add up to a pattern.
821
00:43:53,720 --> 00:43:56,416
No, they don't, Ms. Marks.
822
00:43:56,489 --> 00:44:00,984
Mr. McCoy, this is outside the
Molineux exception. I can't allow it.
823
00:44:01,062 --> 00:44:03,053
Ms. Valerio will not testify.
824
00:44:33,261 --> 00:44:34,455
Have you reached a verdict?
825
00:44:34,529 --> 00:44:35,587
We have.
826
00:44:35,664 --> 00:44:37,461
On the first
count of the indictment,
827
00:44:37,532 --> 00:44:40,330
rape in the first degree,
how do you find?
828
00:44:40,402 --> 00:44:45,032
We find the defendant,
Sal Munoz, not guilty.
829
00:44:45,107 --> 00:44:46,540
On the second
count of the indictment,
830
00:44:46,608 --> 00:44:48,508
attempt to commit murder
in the second degree,
831
00:44:48,577 --> 00:44:49,772
how do you find?
832
00:44:49,846 --> 00:44:52,940
We find the
defendant not guilty.
833
00:44:53,016 --> 00:44:54,074
Yes!
834
00:45:12,535 --> 00:45:14,868
Marks just had
a press conference.
835
00:45:14,938 --> 00:45:17,702
She actually thinks she
righted a 30-year-old wrong.
836
00:45:17,775 --> 00:45:21,211
And probably hopes to be the centerfold
in next month's Bar Journal.
837
00:45:21,278 --> 00:45:27,012
Yeah. Well, she did her job.
We didn't do ours.
838
00:45:27,117 --> 00:45:30,052
Bad evidence. Bad memories.
Bad rulings.
839
00:45:30,120 --> 00:45:31,212
We did everything we could.
840
00:45:31,288 --> 00:45:33,552
Yeah.
841
00:45:33,624 --> 00:45:36,024
Didn't you tell me you never
make this job personal?
842
00:45:36,093 --> 00:45:39,119
I lied.
Second time in 30 years.