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In the criminal justice system
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the people are represented by two
separate yet equally important groups,
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the police
who investigate crime
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and the district attorneys
who prosecute the offenders.
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These are their stories.
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Hey, move this thing down.
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It's parked in a loading zone.
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Move your damn truck
and I'll park somewhere else.
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Right. In a minute.
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No, move it now. Damn!
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Watch it!
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What the hell happened?
Let's get out of here!
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Drop the gun!
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We're still sorting things out.
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We've got one DOA.
This guy was working in the store.
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That guy got into an argument
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with the getaway
driver we think.
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This the guy who robbed you?
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I don't know.
He was wearing a mask.
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Anybody find a mask?
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It was unbelievable.
I went in to buy a bottle of vodka.
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Yeah, he got $1,200.
He cleaned out the register.
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Is this the guy?
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I don't know who it was.
I almost peed myself.
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It wasn't the dead guy.
He tried to stop them.
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Them?
There was more than one?
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Mr. Corcoran here
blocked in the getaway car.
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Now, patrol ran the plates.
They were stolen off a Cadillac in the Bronx.
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Did you get
a good look at the guy?
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I didn't really look at him.
He started hassling me.
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I didn't want to give
him the satisfaction.
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Well, the guy in
the store was short.
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He pointed the gun right at me.
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He made me give him everything.
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They both ran that way.
This fellow started shooting at them.
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What, he was shooting at them
and you were watching them?
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It was wild, man.
I ran after them part way,
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and they got into
a car that was driving by.
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Had livery plates on it.
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What, a taxi?
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No, must've been a car service.
It was black.
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What kind of car?
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I'm not really sure.
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.38 special?
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Yeah.
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He got off all five rounds.
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Let me see that.
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Look at the wear
pattern on the bluing.
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It's been sliding in
and out of a holster.
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Check his jacket pocket.
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I'm still working this side.
Check it.
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What do you got?
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Officer Russell Schaeffer.
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His shift was over.
He was going home.
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Officer Schaeffer was
a 23-year veteran.
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He leaves a widow
and four children.
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The COP SHOT reward program
is automatically in effect.
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Veronica will screen the tips.
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Every nut case in town who
likes the sound of $10,000.
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Cardinas, check hospital
reports on gunshot wounds.
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There were a lot of bullets
flying around that store.
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Store video's got nothing.
The canvass team found another witness
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who saw the perps get in a
car with livery plates.
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No car service
name on the side.
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Conflicting opinions
as to make and color.
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You and Brendenbach
call car services.
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Find out who picked up
two masked men waving guns.
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Records traced the VIN number of
the car they left at the scene.
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It's registered to a Rodolfo Rodriguez.
Columbus and 109.
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And he likes to drive it
around with stolen plates?
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Stolen everything.
He's got two burglary convictions.
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Ours.
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Police! Search warrant!
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Hey, Rodolfo.
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Good morning!
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Rise and shine.
And keep your hands where I can see them!
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What's this?
What'd I do?
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You tell us, Rodolfo.
Where were you at noon?
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Here, with Sylvia.
Why? What happened at noon?
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Your car was used by
somebody who killed a cop.
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Car?
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Hey, hey!
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Oh, damn it, man.
My car was parked right there!
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You're saying it was stolen?
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It's not there.
Of course it was stolen.
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Why, did you find it?
Next to a dead cop, Rodolfo.
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You paying attention?
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Yo, I didn't kill nobody, man.
I want my car back.
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Yeah, we can
have a nice long chat about that.
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Curtis.
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Yeah, thanks.
Profaci got a hit on that car service.
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All right, take him in.
And Sleeping Beauty, too.
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All right, come on, let's go.
Bring your pants and your wallet.
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Old man named Baeza.
Must be 90.
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We give him a ride to his
doctor every Tuesday at 12:30.
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Medicaid pays.
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So what happened today?
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He missed his appointment, that's what.
My driver didn't show up.
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First time ever.
I called his wife, she ain't got a clue.
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This driver,
has he been with you long?
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Mitchell Titus. Four years.
Always dependable.
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You know where he was at noon?
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He was dropping
Miss Dimassian off
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at First Avenue
and 12th Street.
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Three blocks from
the liquor store.
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Did he call in?
Tell you he was picking up another fare?
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Oh, we don't take street hails.
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Anyway, he was headed
to pick up Mr. Baeza.
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You think something might
have happened to Mitchell?
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Can you give us
a description of his car?
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Yeah, sure.
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They kept the car and
they kept the driver.
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We've got 12,000 police officers
looking for that car right now.
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Yeah, and I bet they're gonna find
Mitchell Titus' body in that trunk.
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Lieutenant Van Buren,
I'm Ruth Titus.
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My husband's boss
said he was kidnapped.
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We're not sure what happened
to him, Mrs. Titus.
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He didn't call me.
He didn't go back to work. Where is he?
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We don't know.
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He has a heart condition.
He has no business working.
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But we can't live
on his disability.
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Mrs. Titus, every police officer in
New York is looking for his car.
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His car? What's
happened to my husband?
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Excuse me.
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A cop at Port Authority found
something you should see.
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Is it about my husband?
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Please, Mrs. Titus,
have a seat.
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There you go.
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I heard you were looking
for possible gunshot wounds.
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Okay, it's blood. You sure it
wasn't somebody with a nose bleed?
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No, look over there.
The shirt.
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Under the left armpit.
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Bullet hole.
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Plastic wrapper.
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Could have bought
a new shirt at an arcade.
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To look pretty for
his trip out of town.
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How many departure
gates do you have?
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Eighty-five.
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00:07:04,278 --> 00:07:06,075
How many departures
in the last two hours?
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Maybe a hundred.
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Thanks.
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You're welcome.
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I hope it took him
a while to freshen up.
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Passenger Peter Grossinger,
please report to the information booth.
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Now departing
from Platform 46,
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stopping only
in Philadelphia,
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Atlanta, Georgia,
and Miami, Florida.
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May I have your attention,
please.
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Rey.
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Well, I guess we can
alert four different states
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to try to stop a hundred buses.
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May I have your attention, please.
Arriving southbound bus...
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Hey, Lennie, I think
even you can catch him.
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Police! Put your
hands up. Put them up!
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He's barely out of surgery.
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He may have been
walking around feeling fine,
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but he lost a lot
of blood internally.
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Did you send
the bullet to ballistics?
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Yes, yes.
Just like you asked.
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His personal effects.
Henry Harp.
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Home address, two blocks from
where the getaway car was stolen.
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He's got priors for armed robbery,
and in his jacket pocket,
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$612 in traveling money.
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It's really too
soon to talk to him.
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Where's Mitchell Titus, Henry?
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Who?
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The guy whose cab you grabbed.
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I don't know what
you're talking about.
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Okay, then,
tell us about the bullet.
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What bullet?
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The bullet Dr. Chang just
dug out of your armpit.
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I was shot?
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Well, what do you
think you're doing here?
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I thought I was sick.
Didn't feel very good.
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You didn't know
you were shot?
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I felt something when I
walked into the bus station.
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I thought I pulled a muscle.
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So you went out and
bought a new shirt
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because you were bleeding
from a pulled muscle?
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I didn't buy any shirt.
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It must've been a stray bullet.
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Eight million people
in New York City,
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and a stray bullet
happens to hit
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a convicted armed
robber who's on his way
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out of town with
a pocket full of cash,
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and it doesn't even
make a hole in his shirt.
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Where's your partner, Henry?
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What partner?
I won that money in a card game.
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Where? With who?
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Ask my lawyer.
I want a lawyer.
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Lieutenant, guess what?
He wants a lawyer.
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He's gonna need one.
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I talked to ballistics.
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The bullet they pulled out of
this guy must've been a ricochet.
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It's all smashed up.
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00:10:10,872 --> 00:10:13,739
No way to match it
to anyone's gun or the crime.
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00:10:13,809 --> 00:10:15,242
So what's he need a lawyer for?
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Sue the doctor for malpractice?
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00:10:16,878 --> 00:10:19,245
Mrs. Titus has
called me every hour.
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00:10:19,382 --> 00:10:21,782
There's no sign of
her husband or his car.
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00:10:21,851 --> 00:10:23,045
This guy would know.
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00:10:23,119 --> 00:10:24,643
We don't even have
enough to arrest.
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He didn't read
the ballistics report.
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00:10:30,127 --> 00:10:34,290
That bullet you got in you came
from the dead officer's gun, Henry.
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00:10:34,363 --> 00:10:37,059
You killed a cop.
Or your partner did.
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00:10:37,233 --> 00:10:38,825
Either way, it hangs on you.
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00:10:38,901 --> 00:10:41,632
I've advised my client to
exercise his right not to speak.
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00:10:41,705 --> 00:10:43,673
Okay,
so the floor is mine.
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00:10:43,741 --> 00:10:45,641
Henry, you know what happens
to a cop killer?
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00:10:45,709 --> 00:10:47,870
They strap you down.
They stick a needle in your arm.
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00:10:47,945 --> 00:10:49,378
It doesn't feel
like a pulled muscle.
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00:10:49,446 --> 00:10:52,313
It's not murder one unless he
knew it was a police officer.
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00:10:52,382 --> 00:10:53,679
I'm speaking hypothetically.
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00:10:53,751 --> 00:10:57,812
We've got witnesses who say the
police officer identified himself.
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00:10:58,155 --> 00:11:00,680
He's still not talking,
but you all are.
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00:11:00,891 --> 00:11:02,654
I think you're
trying to say something.
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00:11:02,794 --> 00:11:04,591
Where's Mitchell Titus?
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00:11:07,132 --> 00:11:08,690
I want to talk to her.
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00:11:14,006 --> 00:11:16,803
Witnesses who heard
him identify himself?
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00:11:16,875 --> 00:11:19,173
I think maybe I heard it.
221
00:11:20,078 --> 00:11:21,636
We need a D.A. Down here.
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00:11:22,981 --> 00:11:25,473
First of all, even if he
took part in the robbery,
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00:11:25,551 --> 00:11:28,577
he is not the one who shot Officer Schaeffer.
His accomplice did.
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00:11:28,654 --> 00:11:30,212
You got me down
here for an "even if"?
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00:11:30,289 --> 00:11:32,120
No, for a deal.
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00:11:32,525 --> 00:11:35,858
Mr. Harp might be prepared to tell
you where to find Mitchell Titus.
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00:11:35,928 --> 00:11:37,520
Alive or dead?
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00:11:37,663 --> 00:11:39,255
The last he saw him,
he was alive.
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00:11:39,331 --> 00:11:41,925
He'd seen the faces of Mr.
Harp and his accomplice.
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They tied him up to give themselves
time to get out of town.
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00:11:45,171 --> 00:11:46,900
You did find Mr. Harp
at the bus station.
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00:11:46,972 --> 00:11:50,033
What was he gonna do, call us from Detroit
and tell us where to find the cabbie?
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00:11:50,110 --> 00:11:52,271
Yeah.
Who's his accomplice?
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00:11:52,345 --> 00:11:56,076
Anything you want to know, Ms.
Ross, as soon as you sign this.
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"This contract is to put down in
writing the agreement between
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00:11:59,286 --> 00:12:01,584
"the District Attorney's
Office and Henry H. Harp"?
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00:12:01,655 --> 00:12:03,452
He dictated it to me.
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00:12:05,425 --> 00:12:08,223
"In exchange for information about
the location of Mitchell Titus,
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00:12:08,295 --> 00:12:10,491
"Henry H. Harp will plead
guilty to manslaughter
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00:12:10,565 --> 00:12:13,659
"for all crimes related to the
incidents at Red Star Liquor Store
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00:12:13,734 --> 00:12:17,568
"and be sentenced to no more than 10 years
in jail if Mitchell Titus is found alive.
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00:12:17,638 --> 00:12:19,265
"If found dead..."
243
00:12:19,340 --> 00:12:20,466
Fifteen years.
244
00:12:20,542 --> 00:12:23,032
Fifteen years for
killing a police officer?
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00:12:24,111 --> 00:12:26,238
You want to find that cabbie
before he croaks?
246
00:12:26,314 --> 00:12:28,373
It's in your best
interest that we do.
247
00:12:28,449 --> 00:12:29,973
Mine?
248
00:12:30,218 --> 00:12:32,449
I'm in a hospital.
249
00:12:32,521 --> 00:12:33,886
It's that driver
that doesn't have
250
00:12:33,956 --> 00:12:35,389
the pretty nurses
to take care of him.
251
00:12:35,490 --> 00:12:36,855
Yeah, because he's dead.
252
00:12:36,925 --> 00:12:37,949
Do we need him in here?
253
00:12:38,026 --> 00:12:39,459
No, you just need
this lying sack of...
254
00:12:39,528 --> 00:12:40,995
Detective.
255
00:12:42,664 --> 00:12:44,393
Counselor, can we talk?
256
00:12:50,005 --> 00:12:52,371
Keep it under control.
257
00:12:52,441 --> 00:12:55,275
Fine. Mitchell Titus is dead.
258
00:12:55,345 --> 00:12:56,369
We can't just assume that.
259
00:12:56,446 --> 00:12:57,435
Why not?
260
00:12:57,513 --> 00:12:59,879
We assume the sun is gonna come
up tomorrow morning, right?
261
00:12:59,949 --> 00:13:01,473
Same odds.
262
00:13:01,618 --> 00:13:03,245
This has to go to McCoy.
263
00:13:03,386 --> 00:13:05,047
Then so do we.
264
00:13:10,894 --> 00:13:13,089
This is your night
to catch major cases.
265
00:13:13,229 --> 00:13:15,459
This is a bad one, Jack.
266
00:13:22,473 --> 00:13:25,067
"Fifteen years
if found dead."
267
00:13:26,744 --> 00:13:29,076
You'd make a very
sympathetic judge.
268
00:13:29,146 --> 00:13:32,274
He says he left Titus alive
but looking unhealthy.
269
00:13:32,349 --> 00:13:36,217
He's a robber and a
murderer and a liar.
270
00:13:36,287 --> 00:13:39,018
Detective Briscoe wants to make
sure you understand his position.
271
00:13:39,090 --> 00:13:40,250
And mine.
272
00:13:42,761 --> 00:13:44,592
What do you think, Lieutenant?
273
00:13:44,729 --> 00:13:46,560
We don't know that
Mitchell Titus is dead.
274
00:13:46,631 --> 00:13:48,064
With all due respect,
Lieutenant,
275
00:13:48,133 --> 00:13:50,693
maybe you spent a little too
much time talking to Mrs. Titus.
276
00:13:50,769 --> 00:13:53,033
And maybe you
didn't spend enough.
277
00:13:55,573 --> 00:14:00,408
If we don't make the deal and her
husband dies in the meantime,
278
00:14:00,478 --> 00:14:02,174
we don't look very good, do we?
279
00:14:02,315 --> 00:14:04,010
You're worried about publicity?
280
00:14:04,083 --> 00:14:07,018
We haven't even had time
to look for this guy.
281
00:14:08,020 --> 00:14:10,011
How many hours ago
was Titus snatched?
282
00:14:10,156 --> 00:14:12,181
Fourteen. Just after noon.
283
00:14:16,595 --> 00:14:20,588
2:00 a.m. Justice, not
always conducive to wisdom.
284
00:14:25,939 --> 00:14:26,928
Jamie?
285
00:14:28,375 --> 00:14:30,866
I think the driver's
probably dead.
286
00:14:32,179 --> 00:14:33,406
Probably.
287
00:14:33,479 --> 00:14:35,004
This guy killed a cop.
288
00:14:37,050 --> 00:14:38,540
I know.
289
00:14:42,456 --> 00:14:47,087
We'll make the deal. At noon.
You have 10 hours.
290
00:14:51,499 --> 00:14:53,262
Cut a deal with a cop killer?
291
00:14:53,334 --> 00:14:54,926
They think that's gonna
play in the tabloids?
292
00:14:55,003 --> 00:14:56,334
Lawyers' games, Rey.
293
00:14:56,404 --> 00:14:58,736
They cover their ass and run
both ends against the middle.
294
00:14:58,806 --> 00:15:00,569
And make us play
against the clock.
295
00:15:00,641 --> 00:15:02,438
So you think
Henry really stashed
296
00:15:02,510 --> 00:15:04,239
his hostage in
his own apartment?
297
00:15:04,579 --> 00:15:05,944
You got a better
place to start?
298
00:15:06,014 --> 00:15:07,915
Hey, you guys
know what time it is?
299
00:15:07,983 --> 00:15:09,974
Yeah. Open the door.
300
00:15:23,298 --> 00:15:24,788
What did he do?
301
00:15:25,134 --> 00:15:27,898
Robbed a liquor store
with one of his friends.
302
00:15:27,970 --> 00:15:29,836
What friends?
303
00:15:30,140 --> 00:15:31,869
When's the last
time you saw him?
304
00:15:31,941 --> 00:15:35,104
He owes three months rent.
He makes sure I don't see him.
305
00:15:35,178 --> 00:15:38,306
Either he doesn't stay here,
or he doesn't drink his milk.
306
00:15:38,381 --> 00:15:41,111
I'll tell you what.
You see anybody come in here or go out,
307
00:15:41,184 --> 00:15:42,481
call this number.
308
00:15:42,552 --> 00:15:44,281
We'll let ourselves out.
309
00:15:46,589 --> 00:15:49,114
He did city time on a robbery
plea three years ago.
310
00:15:49,192 --> 00:15:51,023
There's gotta be some
kind of probation report.
311
00:15:51,094 --> 00:15:53,063
Jobs, family, associates.
312
00:15:53,130 --> 00:15:56,156
Be nice to get a hold of that,
but it's confidential by law.
313
00:15:56,233 --> 00:15:58,724
In this case,
I'll make an exception.
314
00:16:06,043 --> 00:16:08,375
There's no windows in here, right?
Right.
315
00:16:09,080 --> 00:16:11,344
The 93's are down
there on the left.
316
00:16:12,349 --> 00:16:14,318
They can can my
ass for this, Lennie.
317
00:16:14,453 --> 00:16:16,421
Hey, it's God's work, Stan.
318
00:16:16,488 --> 00:16:17,750
You gonna explain this to Carol
319
00:16:17,823 --> 00:16:19,723
when they take away my pension?
320
00:16:21,693 --> 00:16:23,183
Indictment 1-1-6-2, right?
321
00:16:23,261 --> 00:16:24,727
Yeah.
322
00:16:24,795 --> 00:16:26,286
There we go.
323
00:16:26,364 --> 00:16:29,424
There's an address for his
job and for his mother.
324
00:16:29,501 --> 00:16:31,969
Forget his job.
He can't make the rent.
325
00:16:33,305 --> 00:16:34,465
5:15.
326
00:16:34,539 --> 00:16:36,029
Good morning, America.
327
00:16:42,281 --> 00:16:43,612
What? Who is it?
328
00:16:43,683 --> 00:16:44,980
Police. Open up.
329
00:16:45,118 --> 00:16:46,414
You got ID?
330
00:16:46,485 --> 00:16:48,818
Yeah. Open the door.
331
00:16:50,756 --> 00:16:54,055
Down on the floor!
Put the gun down! Lie down!
332
00:16:54,127 --> 00:16:55,185
You got a permit for this?
333
00:16:55,328 --> 00:16:56,386
I didn't know
you were cops.
334
00:16:56,462 --> 00:16:57,656
Dennis? Dennis?
335
00:16:57,797 --> 00:16:58,992
It's my mother.
336
00:16:59,533 --> 00:17:00,557
What are you doing?
337
00:17:00,634 --> 00:17:04,161
We're detectives, ma'am. We need some
information about your other son, Henry.
338
00:17:04,238 --> 00:17:05,227
Has he been staying here?
339
00:17:05,372 --> 00:17:06,361
Don't say anything, Ma.
340
00:17:06,440 --> 00:17:08,703
Hey, you want to get taken in
for illegal possession?
341
00:17:08,774 --> 00:17:10,902
What, in my own house?
It's a misdemeanor.
342
00:17:10,978 --> 00:17:12,172
Some kind of
lawyer here, Lennie.
343
00:17:12,312 --> 00:17:13,506
Hey, why don't you
take him outside?
344
00:17:13,580 --> 00:17:15,514
Show him how much
we like lawyers tonight, huh?
345
00:17:15,582 --> 00:17:17,743
Where are you taking him?
346
00:17:18,418 --> 00:17:20,887
No, Henry hasn't
been staying here.
347
00:17:20,955 --> 00:17:22,252
Then where?
348
00:17:22,323 --> 00:17:25,690
Look, we got this boy for
possession of a loaded weapon.
349
00:17:25,760 --> 00:17:28,695
He protects me when I'm doing my shopping.
This is a bad block.
350
00:17:28,763 --> 00:17:32,665
Oh, he takes the gun outside?
That's a Class A felony, seven years.
351
00:17:32,734 --> 00:17:33,860
Because of what I said?
352
00:17:33,935 --> 00:17:35,732
Don't tell
them anything!
353
00:17:35,937 --> 00:17:37,461
Just tell us where Henry stays,
354
00:17:37,539 --> 00:17:40,303
and we can forget about
where we found the gun.
355
00:17:41,209 --> 00:17:45,203
He has a son, with a Cuban girl.
She lives on Amsterdam.
356
00:17:50,886 --> 00:17:52,046
I should've known.
357
00:17:52,121 --> 00:17:53,553
Yeah, maybe you should've.
358
00:17:55,758 --> 00:17:58,522
He's been helping manage Ricky's
Little League team, you know,
359
00:17:58,594 --> 00:18:02,189
like a normal human being.
Ricky, go back to bed.
360
00:18:02,264 --> 00:18:05,632
But it's morning.
Did I ask you what time it was?
361
00:18:06,770 --> 00:18:08,829
So, you saw
Henry yesterday?
362
00:18:08,972 --> 00:18:11,031
He called, in the afternoon.
363
00:18:11,107 --> 00:18:13,075
He said he needed
to borrow my car
364
00:18:13,210 --> 00:18:15,177
to pick up some
equipment for the team.
365
00:18:15,244 --> 00:18:16,269
He called?
366
00:18:16,346 --> 00:18:20,248
He has a key. He wanted to
know where I had parked it.
367
00:18:20,317 --> 00:18:21,875
I work for a catering service.
368
00:18:21,952 --> 00:18:25,479
I had to be at some lady's
house in Westchester by 4:00.
369
00:18:25,555 --> 00:18:27,786
He swore he'd have
it back in 20 minutes.
370
00:18:27,858 --> 00:18:30,326
So you haven't seen him
or the car since then, huh?
371
00:18:30,394 --> 00:18:32,328
No. He was back
in 20 minutes.
372
00:18:32,463 --> 00:18:34,397
He knew I'd kill
him if he wasn't.
373
00:18:34,465 --> 00:18:35,727
Where's the car now?
374
00:18:37,367 --> 00:18:39,393
Anything?
No Mitchell Titus.
375
00:18:39,470 --> 00:18:40,994
I had some trays in here.
376
00:18:41,138 --> 00:18:42,696
Yeah, they're in the back seat.
377
00:18:42,773 --> 00:18:44,172
We're gonna have to
call in a forensics team
378
00:18:44,308 --> 00:18:45,707
and have them go over this car.
379
00:18:45,776 --> 00:18:47,004
I gotta get to
a job in an hour.
380
00:18:47,144 --> 00:18:48,372
Not in this car, you're not.
381
00:18:48,446 --> 00:18:49,709
I could get fired.
382
00:18:49,848 --> 00:18:51,110
Maybe we can
voucher you a taxi.
383
00:18:51,183 --> 00:18:53,777
Listen, Henry was with somebody
at the liquor store yesterday.
384
00:18:53,852 --> 00:18:56,150
Short, and he had a gun.
385
00:18:56,221 --> 00:18:58,620
Henry's been hanging out
with some guy named Novak.
386
00:18:58,689 --> 00:19:00,384
Short and stupid.
387
00:19:01,393 --> 00:19:03,623
I'm going back to Westchester.
388
00:19:09,401 --> 00:19:11,028
Do it.
389
00:19:11,169 --> 00:19:12,831
One, two...
390
00:19:14,974 --> 00:19:16,805
Police!
Clear.
391
00:19:16,876 --> 00:19:18,138
Nobody.
392
00:19:18,278 --> 00:19:19,540
All right, we're still
waiting for a warrant,
393
00:19:19,612 --> 00:19:23,241
so don't open any drawers not
big enough to hold a hostage.
394
00:19:23,316 --> 00:19:25,147
No messages.
395
00:19:30,790 --> 00:19:31,882
Lennie.
396
00:19:34,962 --> 00:19:36,395
Nine millimeter.
Same as the slug
397
00:19:36,463 --> 00:19:38,931
they dug out of
Officer Schaeffer.
398
00:19:41,669 --> 00:19:43,533
There's no sign
of Titus or Novak,
399
00:19:43,603 --> 00:19:46,038
but Henry borrowed his girlfriend's
car and cleared out the trunk,
400
00:19:46,106 --> 00:19:47,937
like he needed room to put
something in the trunk.
401
00:19:48,008 --> 00:19:49,635
Like Mitchell Titus.
Yeah.
402
00:19:50,010 --> 00:19:51,637
But Henry only had
the car for 20 minutes,
403
00:19:51,712 --> 00:19:53,236
so Titus has got to be in
the neighborhood somewhere.
404
00:19:53,314 --> 00:19:54,576
We got 50 guys out looking.
405
00:19:54,715 --> 00:19:55,977
It's almost 11:00.
406
00:19:56,050 --> 00:19:57,712
Hey, go easy, all right?
We're close.
407
00:19:57,786 --> 00:19:59,276
Look, how about giving us
till the end of the day?
408
00:20:00,455 --> 00:20:02,923
No promises.
Keep me posted.
409
00:20:03,692 --> 00:20:06,421
She's still waiting.
You have to see her.
410
00:20:09,898 --> 00:20:13,959
She said you're in charge.
I got a telephone call from a lady
411
00:20:14,035 --> 00:20:16,697
who said she was the lawyer
for a man named Henry Harp.
412
00:20:16,771 --> 00:20:20,401
He's a suspect in your husband's
disappearance, Mrs. Titus.
413
00:20:21,210 --> 00:20:22,973
The police running
the investigation feel
414
00:20:23,045 --> 00:20:24,945
they're getting very
close to your husband.
415
00:20:25,214 --> 00:20:27,773
That lawyer said you could
have my Mitchell now.
416
00:20:27,849 --> 00:20:29,146
You could've had
him last night.
417
00:20:29,217 --> 00:20:32,278
Her client murdered
a police officer.
418
00:20:32,822 --> 00:20:35,552
There's no reason to believe
that anything he says is true.
419
00:20:35,624 --> 00:20:38,957
It might be true.
My husband might be alive,
420
00:20:39,028 --> 00:20:41,691
tied up somewhere wondering why
nobody's coming to help him.
421
00:20:41,765 --> 00:20:44,199
We're doing everything
we can to find him.
422
00:20:44,267 --> 00:20:47,964
You already got the criminal.
He's going to jail no matter what.
423
00:20:48,739 --> 00:20:52,641
That policeman's already dead.
Nothing can help him.
424
00:20:52,709 --> 00:20:55,701
Mrs. Titus, we understand
how hard this is for you.
425
00:20:55,779 --> 00:20:59,442
What if it were your husband?
Or your wife?
426
00:21:00,317 --> 00:21:02,547
What are you people here for?
427
00:21:11,595 --> 00:21:13,495
Just got off the phone
with the Daily News.
428
00:21:13,563 --> 00:21:17,796
I got messages from two other
newspapers and six television stations.
429
00:21:17,902 --> 00:21:20,393
I guess Henry Harp's lawyers
have been working the phones.
430
00:21:20,471 --> 00:21:23,668
Ruth Titus is gonna be
all over the 6:00 news
431
00:21:23,741 --> 00:21:26,870
telling the world we don't care
if her husband lives or dies.
432
00:21:26,945 --> 00:21:28,776
It looks like Henry Harp moved
433
00:21:28,847 --> 00:21:31,611
Mitchell Titus in
the trunk of a borrowed car.
434
00:21:31,683 --> 00:21:34,378
If we make a deal with Harp and
he hands us a dead body...
435
00:21:34,452 --> 00:21:35,578
At least we tried.
436
00:21:35,720 --> 00:21:36,881
The police want
a little more time.
437
00:21:36,955 --> 00:21:40,220
They think Titus was dumped near
Harp's girlfriend's apartment.
438
00:21:40,292 --> 00:21:43,921
You gave them till noon.
It's 12:15.
439
00:21:46,331 --> 00:21:49,062
The police just found
Mitchell Titus' car.
440
00:21:53,006 --> 00:21:54,871
Give me some good news.
441
00:21:55,008 --> 00:21:56,872
Titus's car.
442
00:21:57,242 --> 00:21:58,437
Empty?
443
00:21:58,511 --> 00:22:01,412
Harp must've transferred Mitchell Titus
from this to his girlfriend's car.
444
00:22:01,481 --> 00:22:03,142
If your theory is correct.
445
00:22:03,216 --> 00:22:06,117
Well, our main theory
is still that Titus is dead.
446
00:22:06,186 --> 00:22:09,019
Here.
Now, this looks like blood.
447
00:22:09,088 --> 00:22:12,183
It could be Henry Harp's.
We know he was in this car.
448
00:22:12,259 --> 00:22:13,317
We know he was bleeding.
449
00:22:13,394 --> 00:22:15,191
And we know his
blood type and Titus'
450
00:22:15,262 --> 00:22:18,753
A sample of the stain is on its
way over to the lab right now.
451
00:22:18,832 --> 00:22:22,166
That'll take hours.
It's over.
452
00:22:34,349 --> 00:22:36,010
Don't we need a notary?
453
00:22:36,151 --> 00:22:37,812
No, I'm a witness.
454
00:22:40,721 --> 00:22:42,154
Where is he?
455
00:22:43,725 --> 00:22:45,192
So it's all set?
456
00:22:45,327 --> 00:22:46,794
Yeah, you can tell 'em, Henry.
457
00:22:50,632 --> 00:22:54,091
We were all shaken up
by the shooting at the store.
458
00:22:54,670 --> 00:22:56,535
The whole time we were watching
it there was nobody there.
459
00:22:56,606 --> 00:22:57,732
It should've been easy.
460
00:22:57,874 --> 00:22:59,000
We?
461
00:23:01,210 --> 00:23:02,733
Me and Novak.
462
00:23:04,079 --> 00:23:07,049
Idiot's probably
in Texas by now.
463
00:23:07,116 --> 00:23:09,050
Panics because
one damn customer walks in.
464
00:23:09,118 --> 00:23:10,483
There was no one else around.
465
00:23:10,620 --> 00:23:12,019
Where is he?
466
00:23:14,223 --> 00:23:18,593
Avenue A. There's a boarded
up building there.
467
00:23:21,999 --> 00:23:23,057
I don't get it, Lennie.
468
00:23:23,166 --> 00:23:26,100
There's no way he got here from his
girlfriend's apartment in 10 minutes.
469
00:23:26,168 --> 00:23:28,467
Maybe he really did go
to get baseball equipment.
470
00:23:28,539 --> 00:23:30,200
Yeah, on the run?
Bleeding?
471
00:23:30,274 --> 00:23:32,868
Hey, some people
really love the game.
472
00:23:56,367 --> 00:23:57,664
Got him.
473
00:24:00,138 --> 00:24:02,699
Clear for EMS.
He's over here.
474
00:24:02,775 --> 00:24:04,936
Tell them to
finish their smokes.
475
00:24:05,077 --> 00:24:07,238
This one's a job
for the morgue.
476
00:24:16,255 --> 00:24:17,586
Looks like
he's not in rigor.
477
00:24:17,656 --> 00:24:19,385
Man, if he died
just like an hour ago
478
00:24:19,525 --> 00:24:21,288
while we were
chasing our tails...
479
00:24:21,360 --> 00:24:23,352
Wait.
What if he was in rigor,
480
00:24:23,430 --> 00:24:25,364
and now he's coming out of it?
481
00:24:26,232 --> 00:24:28,427
They start to go
out after 24 hours.
482
00:24:28,501 --> 00:24:30,025
If he's been dead
this whole time...
483
00:24:30,169 --> 00:24:31,693
Yeah.
484
00:24:31,770 --> 00:24:34,069
We'll have to autopsy, but
he took a blow to the head
485
00:24:34,140 --> 00:24:36,506
that could easily be
the cause of death.
486
00:24:36,576 --> 00:24:37,804
When do you think it happened?
487
00:24:37,944 --> 00:24:39,206
Body's cold.
488
00:24:39,279 --> 00:24:42,976
I've got hatched maggots in the mouth and nose.
Rigor's easing up.
489
00:24:43,049 --> 00:24:44,539
Twenty-four hours?
490
00:24:44,684 --> 00:24:46,175
At least.
491
00:24:47,555 --> 00:24:49,352
Congratulations, McCoy.
492
00:24:49,423 --> 00:24:53,188
You just bought the Brooklyn
Bridge from a double murderer.
493
00:24:59,166 --> 00:25:02,624
We don't have to honor the deal.
It's simple contract law.
494
00:25:02,703 --> 00:25:03,897
Contract law.
495
00:25:04,038 --> 00:25:07,064
We were coerced.
An agreement made with a gun to your head
496
00:25:07,208 --> 00:25:09,006
or Mitchell Titus's
head is not enforceable.
497
00:25:09,077 --> 00:25:11,511
Well, coercion is
the least of it.
498
00:25:12,848 --> 00:25:16,613
Titus was dead before Henry
Harp started talking to us,
499
00:25:16,684 --> 00:25:18,482
and Henry Harp knew it.
500
00:25:19,821 --> 00:25:21,254
It was my call, not on you.
501
00:25:21,323 --> 00:25:22,620
I signed the agreement.
502
00:25:22,691 --> 00:25:24,454
Well, she's right.
It's worthless.
503
00:25:26,061 --> 00:25:28,052
Fine. Let's throw it out.
504
00:25:29,064 --> 00:25:30,464
But shouldn't we think
about what happens
505
00:25:30,533 --> 00:25:31,966
the next time somebody's
got a hostage
506
00:25:32,035 --> 00:25:34,230
and wants to make
a deal with the D.A.
507
00:25:35,104 --> 00:25:36,434
They might not think
there's any point.
508
00:25:36,505 --> 00:25:39,702
You're worried about your
reputation among criminals?
509
00:25:40,710 --> 00:25:43,076
We make promises here every
day and we honor them.
510
00:25:43,146 --> 00:25:44,704
Sometimes they save lives.
511
00:25:44,814 --> 00:25:47,214
I can't believe you want
to go through with it.
512
00:25:47,717 --> 00:25:48,775
I don't want to.
513
00:25:48,918 --> 00:25:49,976
Then don't.
514
00:25:53,090 --> 00:25:55,957
Let the record reflect that
this arraignment is taking place
515
00:25:56,026 --> 00:25:58,687
in the hospital
room of Henry Harp,
516
00:25:58,828 --> 00:26:01,490
owing to Mr. Harp's
physical incapacity.
517
00:26:01,564 --> 00:26:03,362
Do you waive the reading
of the rights and charges?
518
00:26:03,434 --> 00:26:06,460
Yes, Judge. We've made an arrangement
with the District Attorney.
519
00:26:06,537 --> 00:26:09,370
The People serve notice of intent
to seek the death penalty.
520
00:26:09,440 --> 00:26:10,600
What?
521
00:26:10,941 --> 00:26:13,808
I gather the death penalty
wasn't part of your arrangement?
522
00:26:13,877 --> 00:26:16,608
We have a written plea agreement
for first degree manslaughter.
523
00:26:16,681 --> 00:26:18,706
The complaint charges
murder in the first degree,
524
00:26:18,783 --> 00:26:21,512
kidnapping in the first degree,
robbery in the first degree.
525
00:26:21,585 --> 00:26:24,713
This is outrageous. Mr.
McCoy signed the agreement himself.
526
00:26:25,290 --> 00:26:29,090
That's very interesting, Ms.
Bell, but not my department.
527
00:26:29,160 --> 00:26:33,153
Now, the complaint meets
statutory requirements.
528
00:26:33,231 --> 00:26:36,497
Enter a plea of not guilty.
So he's arraigned.
529
00:26:40,539 --> 00:26:43,598
What happened? Somebody put iron
in your Cheerios this morning?
530
00:26:43,675 --> 00:26:45,199
Oh, you're talking to me again?
531
00:26:45,276 --> 00:26:47,609
Hey, you do things our way,
we'll talk all you want.
532
00:26:47,680 --> 00:26:49,079
That was the easy part.
533
00:26:49,148 --> 00:26:52,606
Be nice if we had some evidence
to make the charges stick.
534
00:26:52,685 --> 00:26:54,277
Didn't he give you a statement?
535
00:26:54,353 --> 00:26:58,450
Yeah. And we gave him a deal.
Have you come up with any other evidence?
536
00:26:58,525 --> 00:26:59,822
We'll do the best we can.
537
00:26:59,893 --> 00:27:01,588
Fine. Then we'll talk again.
538
00:27:06,565 --> 00:27:07,759
Number Four.
539
00:27:07,833 --> 00:27:10,997
"Move your damn truck and
I'll park somewhere else."
540
00:27:11,071 --> 00:27:12,265
Number Five.
541
00:27:13,373 --> 00:27:16,069
"Move your damn truck and
I'll park somewhere else."
542
00:27:17,110 --> 00:27:18,099
Maybe.
543
00:27:19,980 --> 00:27:21,312
Go ahead, Number Six.
544
00:27:21,382 --> 00:27:24,351
"Move your damn truck and
I'll park somewhere else."
545
00:27:24,418 --> 00:27:25,715
I don't know, Three or Five.
546
00:27:25,853 --> 00:27:27,149
Do you want to hear them again?
547
00:27:27,220 --> 00:27:28,380
For the third time?
548
00:27:28,522 --> 00:27:29,716
It could be Six.
549
00:27:30,824 --> 00:27:33,453
I'm going to put this down
as a "Not Identified."
550
00:27:33,528 --> 00:27:34,995
Thank you, Mr. Corcoran.
551
00:27:35,129 --> 00:27:36,619
Sorry.
552
00:27:37,932 --> 00:27:40,696
You want to try a visual line-up
with your other witnesses?
553
00:27:40,768 --> 00:27:43,101
They said they
didn't see anything.
554
00:27:43,172 --> 00:27:44,605
Try anyway.
555
00:27:46,975 --> 00:27:49,534
You want to take him with you now?
We're busy.
556
00:27:49,610 --> 00:27:51,635
We just want him to look at
some people in a line-up.
557
00:27:51,712 --> 00:27:54,341
There's no point.
I never saw the guy in the car.
558
00:27:54,416 --> 00:27:56,577
Humor us, okay?
We'll be back in an hour.
559
00:27:56,718 --> 00:27:58,913
I'm supposed to
pay him for an hour?
560
00:27:58,987 --> 00:28:01,512
I've already lost 1,200 bucks
from the hold-up.
561
00:28:01,590 --> 00:28:03,182
This might help you
get some of it back.
562
00:28:03,559 --> 00:28:06,256
And if Mr. Genius there
did what he was supposed to,
563
00:28:06,329 --> 00:28:08,889
I wouldn't have lost
anything to begin with.
564
00:28:08,965 --> 00:28:13,025
When the register's that full, the
cash goes in a box in the back room.
565
00:28:13,101 --> 00:28:14,830
I told you,
I didn't have a chance.
566
00:28:14,903 --> 00:28:17,372
It was non-stop customers
in here that day.
567
00:28:18,241 --> 00:28:21,005
Mr. Oakley, pay him or not,
he's coming with us.
568
00:28:21,077 --> 00:28:22,408
I told you,
I never saw the guy.
569
00:28:22,478 --> 00:28:23,911
I don't care.
570
00:28:29,186 --> 00:28:30,551
Hey, what's that for?
571
00:28:30,621 --> 00:28:33,384
For the money you stole from
that box in the back room.
572
00:28:33,456 --> 00:28:34,616
What are you talking about?
573
00:28:34,691 --> 00:28:36,318
We got one of the robbers,
Marvin.
574
00:28:36,392 --> 00:28:39,123
He told us they watched this
place before they robbed it.
575
00:28:39,196 --> 00:28:42,290
There weren't customers coming in and out.
There weren't any customers.
576
00:28:42,366 --> 00:28:45,494
After the robbery, you stroll into
the back room, pocket what's there,
577
00:28:45,569 --> 00:28:47,503
and you tell your jerk boss
the robbers took it.
578
00:28:47,571 --> 00:28:49,938
No. You know what kind
of trouble you're in?
579
00:28:50,008 --> 00:28:52,909
By taking that money, you just
made yourself part of the robbery
580
00:28:52,978 --> 00:28:55,003
and the two murders
that went with it.
581
00:28:55,080 --> 00:28:56,808
Come on.
It's felony murder.
582
00:28:56,881 --> 00:28:59,315
And do you know what?
It's the law.
583
00:28:59,383 --> 00:29:02,410
Now, you tell us what happened,
and you pay back your boss,
584
00:29:02,487 --> 00:29:04,387
and maybe we let it go.
585
00:29:05,156 --> 00:29:06,589
I already spent some of it.
586
00:29:06,725 --> 00:29:08,192
How much
did you take?
587
00:29:08,260 --> 00:29:09,659
About $600.
588
00:29:11,563 --> 00:29:13,156
We got the final M.E.
Report, too.
589
00:29:13,299 --> 00:29:14,891
Mitchell Titus was
whacked on the head
590
00:29:14,967 --> 00:29:17,197
right after they grabbed his car.
That's what killed him.
591
00:29:17,270 --> 00:29:18,759
Can we link it to Harp?
592
00:29:18,837 --> 00:29:20,327
The only hard evidence we have
593
00:29:20,472 --> 00:29:21,962
against him is
his own statement.
594
00:29:22,040 --> 00:29:25,477
And I assume the police are
pursuing the matter diligently?
595
00:29:25,544 --> 00:29:27,478
Their line-ups
keep coming up empty.
596
00:29:27,546 --> 00:29:29,741
Nobody can find Earl Novak,
Harp's accomplice.
597
00:29:29,815 --> 00:29:31,407
Harp said he was
headed to Texas.
598
00:29:31,484 --> 00:29:32,974
The grand jury
indicted Henry Harp
599
00:29:33,052 --> 00:29:34,680
the way we wanted, murder one.
600
00:29:34,755 --> 00:29:37,849
I know. Bell just dropped
off her motion to dismiss.
601
00:29:37,925 --> 00:29:40,154
She was just waiting
for the indictment
602
00:29:40,293 --> 00:29:42,557
number to stick in the heading.
603
00:29:43,195 --> 00:29:46,063
When we caught Henry Harp,
he had $600 on him.
604
00:29:46,133 --> 00:29:48,226
Now, we assumed
that was half the loot,
605
00:29:48,368 --> 00:29:50,461
that his accomplice
had the other half.
606
00:29:50,537 --> 00:29:52,528
But it was all the loot.
607
00:29:52,606 --> 00:29:55,439
Why would the accomplice
go off empty-handed?
608
00:29:55,509 --> 00:29:57,137
You don't think he was
just being generous?
609
00:29:57,211 --> 00:30:00,237
Well, we were pretty damn sure Harp
moved a body in his girlfriend's car
610
00:30:00,315 --> 00:30:03,181
until we found Mitchell Titus'
body in the wrong part of town.
611
00:30:03,250 --> 00:30:05,650
Maybe we were
looking for the wrong body.
612
00:30:05,719 --> 00:30:08,416
Well, you went through the girlfriend's
neighborhood with half the force,
613
00:30:08,489 --> 00:30:09,854
and you didn't find anybody.
614
00:30:09,924 --> 00:30:12,722
We only had four hours.
I say we look some more.
615
00:30:12,794 --> 00:30:15,661
Yeah, we never did check out
his kid's Little League field.
616
00:30:15,730 --> 00:30:18,461
There's a lot of good
dump spots around there.
617
00:30:18,534 --> 00:30:19,933
Go.
618
00:30:20,002 --> 00:30:21,731
And this is
the basis of your motion?
619
00:30:21,804 --> 00:30:26,137
It's a contract, Judge, entered into
between the defendant and Mr. McCoy.
620
00:30:26,207 --> 00:30:28,198
Most plea agreements
aren't even put in writing.
621
00:30:28,276 --> 00:30:29,539
When I signed that paper,
622
00:30:29,611 --> 00:30:32,273
Mr. Harp held out the hope that
Mitchell Titus was still alive,
623
00:30:32,348 --> 00:30:33,337
which he knew to be false.
624
00:30:33,415 --> 00:30:36,907
Look at the language. It deals with
the possibility that Titus was dead.
625
00:30:36,986 --> 00:30:38,613
Is Mr. McCoy claiming
he didn't read it?
626
00:30:38,687 --> 00:30:41,282
He couldn't have been aware that Mr.
Harp murdered Mr. Titus.
627
00:30:41,358 --> 00:30:43,758
Why not? He already knew that Mr.
Harp was involved
628
00:30:43,827 --> 00:30:45,089
in the murder of
Officer Schaeffer.
629
00:30:45,228 --> 00:30:46,524
He knew who he
was dealing with.
630
00:30:46,595 --> 00:30:48,392
A killer turned extortionist.
631
00:30:48,464 --> 00:30:50,227
So you didn't have
to sign, but you did.
632
00:30:50,299 --> 00:30:54,600
A remarkable set of facts.
I'm sure the law is just as interesting.
633
00:30:54,671 --> 00:30:57,640
I'll hear arguments
at 3:00 this afternoon.
634
00:30:58,141 --> 00:31:00,006
Hope that gives
you enough time.
635
00:31:02,445 --> 00:31:04,311
I was too slow
for a shortstop,
636
00:31:04,448 --> 00:31:06,348
but I always wanted
to be a shortstop.
637
00:31:06,417 --> 00:31:09,146
You know, you could easily swing
up the West Side Highway,
638
00:31:09,219 --> 00:31:11,915
pull off onto the shoulder and
drive your car right up here.
639
00:31:11,988 --> 00:31:15,550
It's a dumper's paradise.
The river. The highway.
640
00:31:15,626 --> 00:31:17,116
The storage sheds.
641
00:31:17,194 --> 00:31:20,254
Detectives! Over here!
642
00:31:23,267 --> 00:31:25,896
Behind the shopping cart.
643
00:31:31,842 --> 00:31:34,106
It looks like Earl Novak.
644
00:31:34,178 --> 00:31:37,808
Bad career move, pal, going
into business with Henry Harp.
645
00:31:42,654 --> 00:31:46,420
In re Schrotenboer
is directly on point, Your Honor.
646
00:31:46,491 --> 00:31:49,325
The Court of Appeals ruled
that a negotiated agreement
647
00:31:49,395 --> 00:31:52,158
of immunity was unenforceable
648
00:31:52,230 --> 00:31:56,997
when it was made in exchange for the
return of unlawfully taken children.
649
00:31:57,069 --> 00:31:58,594
That was a child
custody matter.
650
00:31:58,671 --> 00:32:00,764
So what
the court said applies
651
00:32:00,840 --> 00:32:03,070
even more forcefully
in a murder case.
652
00:32:03,342 --> 00:32:05,003
And I quote,
653
00:32:05,078 --> 00:32:09,276
"Mandating the enforcement of an
agreement exacted in these circumstances
654
00:32:09,348 --> 00:32:13,410
"is a perversion, not a
requirement of public policy."
655
00:32:13,487 --> 00:32:17,115
I must say, Ms.
Bell, that that appears to be dispositive.
656
00:32:17,757 --> 00:32:21,922
The element of coercion is
stronger and more heinous here.
657
00:32:21,995 --> 00:32:24,020
I respectfully disagree,
Your Honor.
658
00:32:24,164 --> 00:32:26,223
But if you find for
the People in this matter,
659
00:32:26,300 --> 00:32:29,292
I expect you to suppress as well
the statement Mr. Harp made
660
00:32:29,369 --> 00:32:30,802
after the contract was signed.
661
00:32:30,871 --> 00:32:33,534
Mr. Harp confessed to the
robbery fully and freely.
662
00:32:33,608 --> 00:32:36,133
In the expectation that he
was getting something for it.
663
00:32:36,211 --> 00:32:38,178
If the District Attorney
reneges on the agreement,
664
00:32:38,245 --> 00:32:42,011
he can't be allowed to benefit from a
statement he gained by making the agreement.
665
00:32:42,082 --> 00:32:44,313
The agreement was
invalid on its face.
666
00:32:44,452 --> 00:32:46,682
Mr. Harp knew
he was extorting.
667
00:32:46,754 --> 00:32:48,949
But he thought it
would be honored.
668
00:32:49,090 --> 00:32:51,320
He wasn't familiar
with In re Schrotenboer.
669
00:32:51,392 --> 00:32:55,523
Mr. McCoy, this statement,
is it the meat of your case?
670
00:32:56,432 --> 00:32:58,161
It's important, Your Honor.
671
00:32:58,234 --> 00:33:01,259
Well, then, I'll be sporting
here and give you the choice.
672
00:33:01,336 --> 00:33:04,794
You can honor the deal,
keep the statement.
673
00:33:04,873 --> 00:33:08,071
You can junk the deal,
lose the statement with it.
674
00:33:11,280 --> 00:33:12,941
May I have a moment,
Your Honor?
675
00:33:13,082 --> 00:33:14,743
Quickly, Mr. McCoy.
676
00:33:18,822 --> 00:33:20,789
All I have is the statement.
You got anything else?
677
00:33:20,856 --> 00:33:23,552
You're gonna want to kiss us.
We found Earl Novak.
678
00:33:23,626 --> 00:33:24,718
Is he talking?
679
00:33:24,793 --> 00:33:26,090
He's dead.
680
00:33:26,562 --> 00:33:28,087
We found him at the...
681
00:33:28,165 --> 00:33:30,725
Don't tell me. Don't tell me.
Riverside Park.
682
00:33:33,670 --> 00:33:35,535
I've made my decision,
Your Honor.
683
00:33:35,672 --> 00:33:37,572
We're listening.
684
00:33:37,641 --> 00:33:41,100
The People withdraw their opposition
to the motion to dismiss.
685
00:33:41,179 --> 00:33:43,976
We will honor our
contract with Mr. Harp.
686
00:33:50,421 --> 00:33:51,718
What the hell was that?
687
00:33:51,856 --> 00:33:53,153
A bird in the hand, Detective.
688
00:33:53,224 --> 00:33:55,021
Henry Harp goes
away for 15 years.
689
00:33:55,092 --> 00:33:56,320
For killing three people?
690
00:33:56,394 --> 00:33:59,329
I only know of two.
Officer Schaeffer and Mitchell Titus.
691
00:33:59,397 --> 00:34:02,492
We just told you we found the body
of Earl Novak, Harp's accomplice.
692
00:34:02,568 --> 00:34:04,331
Really? I wonder if
Henry Harp killed him.
693
00:34:04,403 --> 00:34:07,565
I don't. We found the body
where Harp was driving around,
694
00:34:07,638 --> 00:34:09,333
in a spot that Harp knew,
695
00:34:09,407 --> 00:34:12,844
and Harp had Novak's share of the
robbery proceeds in his pocket.
696
00:34:12,911 --> 00:34:15,175
You have any
witnesses putting Harp
697
00:34:15,314 --> 00:34:17,578
and Novak together
the day of the murder?
698
00:34:18,217 --> 00:34:20,082
No.
I do.
699
00:34:20,953 --> 00:34:22,420
Henry Harp.
700
00:34:23,156 --> 00:34:25,556
Because I took his deal,
I get to keep his statement
701
00:34:25,625 --> 00:34:27,888
about robbing that
store with Earl Novak.
702
00:34:28,493 --> 00:34:30,324
And I can use it in
a future proceeding.
703
00:34:30,395 --> 00:34:33,956
For example, a prosecution
for the murder of Earl Novak.
704
00:34:34,968 --> 00:34:37,493
So he walks for killing a cop,
705
00:34:37,637 --> 00:34:40,162
but you nail him for
killing the cop killer?
706
00:34:40,240 --> 00:34:42,265
An irony he gets
to reflect upon
707
00:34:42,408 --> 00:34:44,467
over the next 40
years in Attica.
708
00:34:51,784 --> 00:34:54,048
You're moving to dismiss the
indictment against Henry Harp
709
00:34:54,120 --> 00:34:55,485
for the murder of Earl Novak?
710
00:34:55,555 --> 00:34:57,080
This matter was disposed of.
711
00:34:57,391 --> 00:35:00,986
The District Attorney accepted a plea
arrangement in front of Judge Santos.
712
00:35:01,061 --> 00:35:02,926
There was no mention
of the murder of Earl Novak
713
00:35:02,997 --> 00:35:04,965
in any
part of that negotiation.
714
00:35:05,165 --> 00:35:06,826
The contract said,
715
00:35:06,900 --> 00:35:10,860
"All crimes related to the incidents
at Red Star Liquor Store."
716
00:35:10,939 --> 00:35:15,272
As far as we know, the murder of Mr.
Novak took place hours afterward,
717
00:35:15,342 --> 00:35:17,139
miles from the store.
718
00:35:18,312 --> 00:35:21,111
Now, I'm aware of the history
of your contract, Ms. Bell.
719
00:35:21,182 --> 00:35:24,208
I'm not inclined to interpret it in Mr.
Harp's favor.
720
00:35:24,286 --> 00:35:26,254
Then forget the contract.
721
00:35:26,421 --> 00:35:32,054
The Criminal Procedure Law says related
offenses must be prosecuted simultaneously.
722
00:35:32,128 --> 00:35:34,595
You can't convict Mr. Harp
of one part of a crime,
723
00:35:34,663 --> 00:35:37,097
and then go back and charge
him with another part.
724
00:35:37,165 --> 00:35:39,963
That would be an open invitation
to abuse and harassment.
725
00:35:40,035 --> 00:35:42,470
These circumstances
are extraordinary.
726
00:35:42,538 --> 00:35:45,837
Enforcing that prohibition would be
against the interests of justice.
727
00:35:45,908 --> 00:35:48,502
I'm not aware the legislature
has passed an amendment saying
728
00:35:48,577 --> 00:35:51,171
that the law doesn't apply if
Jack McCoy doesn't like it.
729
00:35:51,247 --> 00:35:54,183
The law does say that subsequent
prosecutions are allowed
730
00:35:54,251 --> 00:35:57,117
if the crimes charged are not part
of the same criminal transaction.
731
00:35:57,186 --> 00:36:00,815
But these are. Look at the definition
of "criminal transaction."
732
00:36:00,890 --> 00:36:03,655
"Two offenses closely linked
in time and circumstance..."
733
00:36:03,727 --> 00:36:05,285
Hours apart, miles away.
734
00:36:05,362 --> 00:36:07,421
"...or closely related
in criminal purpose."
735
00:36:07,497 --> 00:36:10,933
Robbing a liquor store. Killing a friend.
Where's the connection?
736
00:36:11,868 --> 00:36:15,236
Give us a hearing, Your Honor.
Mr. Harp will explain.
737
00:36:20,444 --> 00:36:26,008
I needed $800 to pay my girlfriend's rent.
She was really on my case.
738
00:36:26,884 --> 00:36:28,579
So you decided
to get it?
739
00:36:29,454 --> 00:36:30,853
Yeah.
740
00:36:31,089 --> 00:36:34,684
I figured a liquor store
was a good place to look.
741
00:36:34,759 --> 00:36:38,753
And I knew that Novak was wacky
enough to go in there with a gun.
742
00:36:40,565 --> 00:36:43,193
Tell us what happened that day.
743
00:36:43,267 --> 00:36:47,101
I picked up Novak.
We stole a car, looked for a liquor store.
744
00:36:47,973 --> 00:36:51,170
Then he went in and
the shooting started.
745
00:36:51,243 --> 00:36:52,801
And after that?
746
00:36:52,878 --> 00:36:54,470
Then it all went crazy.
747
00:36:56,115 --> 00:36:58,812
We grabbed the cab
and dumped the driver.
748
00:36:58,885 --> 00:37:03,082
We weren't sure who'd seen
us, so we ditched the cab
749
00:37:03,155 --> 00:37:05,453
and I borrowed
my girlfriend's car.
750
00:37:05,524 --> 00:37:06,957
Why?
751
00:37:08,160 --> 00:37:11,062
Well, I told Novak we'd use
it to get out of town.
752
00:37:11,131 --> 00:37:12,564
Is that what you were
planning to use it for?
753
00:37:12,632 --> 00:37:13,860
No way.
754
00:37:13,933 --> 00:37:16,197
If I hadn't
gotten it back on time,
755
00:37:16,269 --> 00:37:18,999
my girlfriend would've
reported it stolen.
756
00:37:20,039 --> 00:37:21,701
She's a hard lady.
757
00:37:22,376 --> 00:37:24,275
What did you borrow it for?
758
00:37:25,412 --> 00:37:27,676
To dump Novak
after I killed him.
759
00:37:30,316 --> 00:37:32,842
Why did you want to kill
Mr. Novak?
760
00:37:32,920 --> 00:37:35,912
The take from the liquor
store was less than a grand.
761
00:37:37,925 --> 00:37:40,860
I couldn't split it, he
wouldn't give me his half.
762
00:37:40,928 --> 00:37:45,127
So your objective that day
was to steal $800?
763
00:37:45,200 --> 00:37:46,632
Well, that's what I needed.
764
00:37:46,700 --> 00:37:48,224
And for that purpose,
765
00:37:48,436 --> 00:37:51,894
you robbed a liquor store
and then murdered Earl Novak?
766
00:37:53,541 --> 00:37:54,839
Yeah.
767
00:37:54,976 --> 00:37:56,307
Thank you.
768
00:38:00,715 --> 00:38:03,149
Mr. Harp, you've already
admitted you're a murderer.
769
00:38:03,218 --> 00:38:05,983
Isn't it possible
you're a liar as well?
770
00:38:07,123 --> 00:38:09,352
Not about this.
Why would I?
771
00:38:09,424 --> 00:38:12,689
To avoid prosecution
for the murder of Earl Novak.
772
00:38:13,762 --> 00:38:16,357
You don't believe me,
ask my girlfriend.
773
00:38:16,432 --> 00:38:19,959
She needed the rent.
Ask the landlord.
774
00:38:21,437 --> 00:38:23,530
I told him I'd get it.
775
00:38:24,373 --> 00:38:29,004
He confessed to a murder to avoid
being prosecuted for a murder.
776
00:38:29,079 --> 00:38:31,512
I'm putting this
one in my memoirs.
777
00:38:31,581 --> 00:38:35,108
I talked to the girlfriend and the landlord.
They confirmed his story.
778
00:38:35,184 --> 00:38:38,210
So the murder of the accomplice
779
00:38:38,287 --> 00:38:41,655
is part of the same criminal
transaction as the robbery,
780
00:38:41,725 --> 00:38:43,454
and that case is closed,
781
00:38:43,527 --> 00:38:44,824
and that's terrific.
782
00:38:45,796 --> 00:38:49,527
There is another exception
to the joinder requirement.
783
00:38:49,601 --> 00:38:51,592
If I didn't know he
murdered his accomplice
784
00:38:51,669 --> 00:38:54,967
before I took the plea bargain,
I can still go ahead.
785
00:38:55,038 --> 00:38:56,733
But everybody saw the cops
come into the courtroom
786
00:38:56,807 --> 00:39:00,538
and talk to you right
before you took the deal.
787
00:39:00,611 --> 00:39:03,012
Everybody didn't hear
what they said to me.
788
00:39:03,882 --> 00:39:05,213
Be careful.
789
00:39:07,218 --> 00:39:09,448
He confessed to it, and that
means we can't touch him?
790
00:39:09,521 --> 00:39:10,715
Maybe.
791
00:39:10,788 --> 00:39:13,849
I want to go to law school.
Learn how to turn gold into lead.
792
00:39:13,926 --> 00:39:15,187
There is a logic to it.
793
00:39:15,260 --> 00:39:17,751
This whole thing's been
screwed up since day one,
794
00:39:17,829 --> 00:39:19,558
thanks to you guys.
795
00:39:19,631 --> 00:39:21,428
I can nail Harp for the murder
796
00:39:21,566 --> 00:39:23,364
if I can prove
I didn't know he did it
797
00:39:23,435 --> 00:39:25,869
until after I took
the plea bargain.
798
00:39:25,938 --> 00:39:27,337
We'll have to testify.
799
00:39:27,473 --> 00:39:28,872
But we told you.
800
00:39:28,941 --> 00:39:32,001
What exactly did you
tell me, Detective?
801
00:39:32,077 --> 00:39:34,945
Okay. That's why you
wanted us to shut up.
802
00:39:35,015 --> 00:39:36,277
'Cause you knew it
might come to this.
803
00:39:36,348 --> 00:39:37,406
I went to law school.
804
00:39:37,483 --> 00:39:38,507
I won't commit perjury.
805
00:39:38,584 --> 00:39:40,211
Not even to nail a cop killer?
806
00:39:40,286 --> 00:39:42,652
Come on. He wants us to
put our asses on the line
807
00:39:42,721 --> 00:39:44,450
just to pull his
out of the fire?
808
00:39:44,523 --> 00:39:46,617
No one's asking you
to commit perjury.
809
00:39:46,760 --> 00:39:48,853
Just tell me where to show up.
810
00:39:57,772 --> 00:39:59,830
I spoke to Detectives
Briscoe and Curtis
811
00:39:59,973 --> 00:40:02,032
in the courtroom for
less than a minute.
812
00:40:02,108 --> 00:40:04,338
And what did they tell you?
813
00:40:04,411 --> 00:40:07,677
That they'd found Earl Novak,
and that he was dead.
814
00:40:07,782 --> 00:40:09,409
How did you react?
815
00:40:09,483 --> 00:40:11,280
I was disappointed.
816
00:40:11,552 --> 00:40:15,454
I had hoped Mr. Novak might be
a witness against Mr. Harp.
817
00:40:16,624 --> 00:40:19,423
When I heard he was dead,
that possibility went away,
818
00:40:19,494 --> 00:40:21,723
so I accepted the plea bargain.
819
00:40:21,796 --> 00:40:24,629
At the time, did you have
reason to believe that Mr. Harp
820
00:40:24,699 --> 00:40:26,599
had murdered Mr. Novak?
821
00:40:27,768 --> 00:40:30,203
I didn't even know
that he had been murdered.
822
00:40:30,272 --> 00:40:32,172
I only knew that he was dead.
823
00:40:32,774 --> 00:40:34,366
No more questions.
824
00:40:37,212 --> 00:40:40,910
What did you think, Mr. McCoy?
That he had died of old age?
825
00:40:41,250 --> 00:40:42,614
I didn't know what he died of.
826
00:40:42,751 --> 00:40:44,116
Really?
827
00:40:44,586 --> 00:40:49,285
When violent criminals die right after
committing crimes with violent associates
828
00:40:49,358 --> 00:40:50,586
what do they usually die of?
829
00:40:50,659 --> 00:40:51,854
Objection.
830
00:40:51,928 --> 00:40:53,293
Sustained.
831
00:40:53,363 --> 00:40:55,354
How many years have you
been a prosecutor?
832
00:40:55,431 --> 00:40:56,921
Twenty-two.
833
00:40:57,000 --> 00:40:58,490
How many cases have you worked
834
00:40:58,568 --> 00:41:00,559
where criminals murdered
their accomplices?
835
00:41:01,170 --> 00:41:02,432
Several.
836
00:41:04,274 --> 00:41:06,138
What did
the detectives tell you
837
00:41:06,209 --> 00:41:08,609
beside the fact
that Novak was dead?
838
00:41:10,546 --> 00:41:13,344
I believe Detective Curtis said
839
00:41:13,483 --> 00:41:16,317
his body had been found
in Riverside Park.
840
00:41:16,387 --> 00:41:20,153
Near where you'd been looking
for another victim of Henry Harp.
841
00:41:20,224 --> 00:41:21,691
I believe so.
842
00:41:22,526 --> 00:41:25,051
And you are telling
us with a straight face
843
00:41:25,129 --> 00:41:28,895
that you drew no conclusions from
what the detectives told you?
844
00:41:28,966 --> 00:41:32,925
For all I knew, Mr.
Novak fell off a rock into the river.
845
00:41:36,841 --> 00:41:39,935
We told Mr. McCoy he
was dead, that's all.
846
00:41:40,011 --> 00:41:41,638
Did you mention
that he was shot?
847
00:41:41,946 --> 00:41:43,413
No.
848
00:41:43,481 --> 00:41:44,846
Did you mention Henry Harp?
849
00:41:44,983 --> 00:41:46,382
No.
850
00:41:47,386 --> 00:41:48,785
Thank you.
851
00:41:51,956 --> 00:41:56,916
Detective Briscoe, didn't somebody
also mention Riverside Park?
852
00:41:56,995 --> 00:41:59,089
Yeah, Riverside Park.
853
00:41:59,231 --> 00:42:01,324
And what else?
854
00:42:01,400 --> 00:42:03,664
Nothing else.
That was it.
855
00:42:05,171 --> 00:42:06,661
Nothing further.
856
00:42:07,339 --> 00:42:10,104
Ms. Ross, do you
have any more witnesses?
857
00:42:10,243 --> 00:42:11,573
No, Your Honor.
858
00:42:11,644 --> 00:42:13,111
Ms. Bell?
859
00:42:14,313 --> 00:42:15,302
Yes, Your Honor.
860
00:42:15,381 --> 00:42:19,613
Since the People haven't seen fit
to call Detective Curtis, I will.
861
00:42:19,685 --> 00:42:21,711
Do you solemnly swear to
tell the truth, the whole truth,
862
00:42:21,788 --> 00:42:23,756
and nothing but the truth,
so help you God?
863
00:42:23,824 --> 00:42:25,223
I do.
864
00:42:28,228 --> 00:42:30,560
Detective Curtis,
865
00:42:30,630 --> 00:42:32,531
we've already heard
testimony in this matter
866
00:42:32,600 --> 00:42:35,227
from Detective Briscoe
and Mr. McCoy,
867
00:42:35,302 --> 00:42:37,998
and it's been
remarkably consistent.
868
00:42:38,071 --> 00:42:39,971
Do you have any idea
why that might be?
869
00:42:40,107 --> 00:42:42,007
Because it's the truth.
870
00:42:42,576 --> 00:42:45,740
That's one theory.
Can you think of anything else?
871
00:42:45,813 --> 00:42:47,303
Like what?
872
00:42:47,381 --> 00:42:51,477
Did Mr. McCoy discuss this hearing
with you and your partner?
873
00:42:51,552 --> 00:42:52,678
Yes.
874
00:42:52,820 --> 00:42:53,980
What did he tell you?
875
00:42:55,790 --> 00:42:58,350
That we'd have to testify
about what we told him.
876
00:42:58,426 --> 00:43:01,691
Did he ask you to forget
anything you had told him?
877
00:43:04,966 --> 00:43:06,059
No.
878
00:43:07,336 --> 00:43:12,171
So you are telling me,
you are all telling me,
879
00:43:12,241 --> 00:43:14,869
that two experienced
homicide detectives
880
00:43:14,943 --> 00:43:16,673
rushed into court
to tell Mr. McCoy
881
00:43:16,746 --> 00:43:18,508
about a man who'd been murdered
882
00:43:18,680 --> 00:43:22,013
and never mentioned
that he'd been murdered?
883
00:43:22,084 --> 00:43:24,416
We told him right after.
He was right in the middle of a hearing.
884
00:43:24,486 --> 00:43:28,685
Why not right away? Did you forget?
Are you that sloppy?
885
00:43:28,758 --> 00:43:30,419
Objection.
Sustained.
886
00:43:30,493 --> 00:43:34,156
Why didn't you tell him the most
important thing, Detective Curtis?
887
00:43:37,801 --> 00:43:39,996
We might have thought
it was understood.
888
00:43:40,670 --> 00:43:42,069
Understood.
889
00:43:43,640 --> 00:43:45,665
Because that is
the logical inference
890
00:43:45,742 --> 00:43:48,040
for an experienced
prosecutor to draw.
891
00:43:48,444 --> 00:43:52,211
For a detective, yes.
For a prosecutor, I don't know.
892
00:43:53,083 --> 00:43:56,075
In my experience, sometimes
they're not too bright.
893
00:44:04,028 --> 00:44:06,155
There is a whiff
of implausibility.
894
00:44:06,297 --> 00:44:08,424
There are some open questions.
895
00:44:08,499 --> 00:44:11,696
But in the absence
of evidence to the contrary,
896
00:44:11,769 --> 00:44:14,034
I will accept the word
of two police detectives
897
00:44:14,105 --> 00:44:15,732
and an officer of this court.
898
00:44:16,808 --> 00:44:19,675
The motion to dismiss the
indictment against Henry Harp
899
00:44:19,744 --> 00:44:22,372
for the murder of
Earl Novak is denied.
900
00:44:23,216 --> 00:44:25,615
The People may proceed
with the prosecution.
901
00:44:32,090 --> 00:44:35,083
"Whiff of implausibility."
That's being polite.
902
00:44:35,161 --> 00:44:36,560
We whiffed. He reeked.
903
00:44:36,696 --> 00:44:38,095
He's not a model citizen.
904
00:44:38,164 --> 00:44:40,632
I guess that's enough
to make the Judge wink.
905
00:44:40,700 --> 00:44:43,863
I just didn't expect you
to sink to his level.
906
00:44:43,936 --> 00:44:45,164
Gee.
907
00:44:46,005 --> 00:44:48,132
Jamie, how many people
did I kill last week?
908
00:44:48,207 --> 00:44:49,674
Hey.
909
00:44:49,742 --> 00:44:53,234
Earl killed the cop and
Earl killed the driver.
910
00:44:53,312 --> 00:44:56,042
I did you a favor
by taking care of him.
911
00:44:57,517 --> 00:45:00,645
We can work out another deal, Jack.
Save you the cost of a trial.
912
00:45:00,721 --> 00:45:03,588
He does hard time
in a maximum security prison
913
00:45:03,657 --> 00:45:05,921
until hell freezes over.
914
00:45:06,727 --> 00:45:08,627
How's that for a deal?
915
00:45:20,208 --> 00:45:23,041
What if I'd testified
you told us to shut up?
916
00:45:23,111 --> 00:45:24,669
It would've hurt.
917
00:45:26,247 --> 00:45:27,874
Yeah.
918
00:45:28,850 --> 00:45:30,977
Well,
919
00:45:31,052 --> 00:45:35,113
at least you got to dodge the
question by calling me an idiot.
920
00:45:35,189 --> 00:45:37,054
Yeah, that helped.