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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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I served 18 years
with a clean conduct record.
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The last six, I worked
in the heating plant
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without any
supervision whatsoever.
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I got my GED and I finished two
years of college by correspondence.
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That's very good.
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What we'd like to know, Mr.
Darnell, is if you're released today,
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how can we trust you won't
get in trouble again?
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I'm not the same man
I was 18 years ago.
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I've had therapy. I've got discipline.
I understand myself.
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I'm responsible for my actions.
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What does that
mean to you, to act responsibly?
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If you grant me parole,
I plan to work hard
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and support my daughter
and my grandchildren.
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I plan to make restitution
to the people I hurt.
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Nobody owes me a second chance.
I'm not saying I deserve one.
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But I'm giving it
to you straight here,
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I know in my own mind, I will
never harm anybody again.
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Thank you, Mr.
Darnell. Mr. McCoy?
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Thank you.
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I don't think Mr.
Darnell's changed at all.
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I think he's just as dangerous
as he was when I prosecuted him.
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He was found guilty
of six vicious rapes.
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He was a suspect
in seven others.
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He raped young women, mostly
teenagers, at knife point,
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in broad daylight,
in their own bedrooms.
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He wrapped a pillowcase
around their faces,
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to terrorize them and
heighten his pleasure.
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I have here letters from those women.
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They don't want
his restitution.
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They don't want
anything from him.
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All they ask is that we keep him
behind bars for the next 12 years,
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to serve out the rest
of his sentence.
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This is the third time
he's applied for release,
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the third time I've
come here to oppose it.
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I ask you now to
again deny him parole.
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Let him pay his debt
to society in full.
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Thank you, Mr. McCoy.
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Mr. Darnell, we have taken into
account your psychiatric evaluation,
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your conduct report, and
Warden Davies' recommendation.
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Though we are mindful
of Mr. McCoy's concerns,
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we hereby grant your
request for early release.
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The mother, Mrs. Perez, found her
in bed when she got home from work.
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She thought she was sleeping.
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At 3:00 in
the afternoon?
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The girl had the flu.
She was staying home from school.
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You check the
doors and windows?
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No sign
of forced entry.
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But Mrs. Perez
says the front door
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Was locked with the latch.
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And the building?
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Well, the door to the roof
is padlocked from the inside.
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The only way in is
through the main door,
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and the super swears
it's always locked.
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Now, the canvass turned up a
friend who saw her around noon.
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She was going to the basement to do laundry.
That's it right there.
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Is this
how Mom found her?
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She was on her side,
facing the wall.
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Any injuries?
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There's a bruise on her right
hand, a small nick on her neck.
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For all I know, she stroked
out or had an aneurysm.
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Well, what are we doing here?
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Ask the mother.
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She says the girl
must've been raped,
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because she never sleeps naked.
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And you say?
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Yesterday, I found out my
12-year-old is a vegetarian.
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I think this girl just outgrew her Dr.
Denton's.
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Except it's February
and she had the flu.
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I didn't see anything forcible.
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Do ripped panties count?
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You told the officer
that the front door
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Was locked
when you got home?
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Yes. Just with
the handle, though.
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Well, it locks by itself
when you close the door?
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Yes.
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Did Teresa have a boyfriend?
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She didn't have time.
She was too busy with school.
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Isn't it possible that she
could've found the time?
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I wouldn't let her.
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When I was her age, I was
pregnant with Teresa.
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I didn't want that for her.
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Oh, God,
my baby's dead!
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My beautiful baby.
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I met her coming
down the stairs,
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I thought she was
gonna pass out.
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She was sweating and coughing.
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I helped her carry her
wash down to the basement.
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What time was this?
I don't know.
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It was just before
I went to the store
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with my mom,
maybe around 11:30.
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Mmm-hmm.
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Did Teresa say she was
expecting company later?
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Her boyfriend, maybe?
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No, she wasn't
expecting anybody.
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But she did have
a boyfriend, right?
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She didn't want
her mother to know.
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It's Raymond Cartena.
He lives in the building next door.
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Was she...
Was she having sex with him?
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No. Teresa said they
talked about doing it.
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He wanted to,
but she was scared.
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I called her this morning to
see if she was feeling better.
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We were trying to make arrangements
to get with each other.
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And do what, go to the ballet?
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The movies, you know?
I mean, something like that.
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That's funny, because
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we heard you had something
else in mind for her.
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What's that supposed to mean?
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She was found naked in her bed.
Did you do that, Raymond?
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No!
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Come on, Raymond, we're all fellows here.
We know how it is.
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You're popping wood and she's
giving you the red light, right?
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I did not do that.
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No way.
Where were you today?
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On West 83,
making a shower pan.
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I'm gonna need that
contractor's number, all right?
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You're sure about the times?
Okay, thank you very much.
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Well, he got there at 10:00 a.
M., left just after 3:00.
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Had lunch on the premises.
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Well, he'll be relieved
to hear he didn't do it.
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Plan B, it was an inside job.
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The super said
Teresa's building
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was locked tighter than Fort Knox.
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Yeah, unlike this place.
The lock's busted. Anybody can get in.
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Question is, can you get
from this building to hers?
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If any of that
garbage from next door
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got into my building,
I want to kill him.
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What's in there?
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People used to keep their strollers in
there, but we don't use it anymore.
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It's locked.
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Hey, Lennie.
What's that?
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Could be a conduit.
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The city used to have pipes
running between the buildings.
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It isn't nailed,
just jammed in.
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Well?
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The boiler room next door.
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The bruise on her wrist
might be a restraint wound.
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What about the cut
on her throat?
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I've done worse
shaving my legs.
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It's probably a small
knife or scissors.
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You want to take a
flyer on how she died?
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Suffocation, possibly.
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There was petechial spotting on the
outer lining of her heart and lungs.
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That and a confession
gets you cause of death.
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We assumed there's
a sexual angle.
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No, I checked all
three ports of entry.
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No fluids, but the
cervix was bruised.
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Same timeframe as her death?
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I'd say during.
That's the whole point, isn't it?
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Raping her while she's
in the throes of death?
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It's not the same MO.
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A young woman
raped in her own bed
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in the middle of
the day at knifepoint.
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There's no evidence Darnell ever
tried to kill any of his victims.
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Maybe 18 years in prison
taught him not to leave any witnesses.
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And to leave his pillowcase at home?
Wasn't that his fetish?
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He found a new one. Death.
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I want him investigated.
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In the six weeks he's been out,
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he's made all his meetings with his
parole officer every morning at 8:00.
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He cuts sheet metal in the
village from 9:00 to 6:00.
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His PO says he's got a
perfect attendance record.
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00:10:02,666 --> 00:10:05,294
He lives on West 50th with his
daughter and her two kids.
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00:10:05,369 --> 00:10:07,769
His PO checks in with him
every night at 7:00.
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00:10:07,838 --> 00:10:10,102
Have you talked to his boss yet?
Not yet.
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We're still checking on a few other
mutts in the victim's neighborhood.
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McCoy thinks
Darnell's a hot lead.
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Yeah, well, maybe the victim
profile's on the money,
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but from what I know,
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these deviants find something that
gets them off, like a pillowcase,
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they usually stick with it.
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Besides, the perp would have to
know that building to get in,
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and Darnell grew up in Ohio,
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and there's no record of him ever having
lived in that building as an adult.
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Except that 20 years ago, he committed
two rapes within five blocks of there.
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I guess we're talking
to his boss, huh?
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I've got five parolees working
for me, including my fiancée.
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The blonde file clerk?
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00:10:43,539 --> 00:10:46,976
Yeah. Twelve months in Bedford
for passing bad checks.
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The heart wants what it wants.
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Yeah, I guess if you're
gonna get cleaned out,
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it might as well
be by a pro, huh?
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00:10:52,181 --> 00:10:54,741
So, is Lewis Darnell
invited to the wedding?
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00:10:54,817 --> 00:10:58,379
He's here six weeks.
Not a big social mixer,
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but he's polite, he's helpful.
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So he can be an usher.
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Was he here all day on Wednesday?
Uh-huh.
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Except for lunch.
193
00:11:05,561 --> 00:11:08,223
The guys usually go down the
street to Feldman's Delicatessen.
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00:11:08,298 --> 00:11:09,322
What time was that?
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00:11:09,399 --> 00:11:11,299
We knock off
12:00 to 1:00.
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00:11:11,367 --> 00:11:14,666
But Wednesday, Darnell said he had
to run an errand for his daughter.
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00:11:14,737 --> 00:11:16,932
Came back about
20 minutes late.
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Oh, that poor girl!
It's so dangerous here.
199
00:11:20,076 --> 00:11:22,010
Look at my locks.
You think they're any good?
200
00:11:22,078 --> 00:11:24,705
Yeah, they're fine. Please, ma'am, if
you could just look at these pictures.
201
00:11:24,780 --> 00:11:25,873
I've got a chain, too.
202
00:11:25,949 --> 00:11:27,917
Maybe I should get a dog.
What do you think?
203
00:11:27,984 --> 00:11:31,579
I think you should tell me if you
saw any of these men on Wednesday.
204
00:11:31,654 --> 00:11:32,916
No, I've never seen them.
205
00:11:32,989 --> 00:11:35,753
How about for windows?
What do you recommend?
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00:11:35,825 --> 00:11:37,382
Moving.
Look at each picture.
207
00:11:37,459 --> 00:11:39,360
No, I didn't see them.
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00:11:39,495 --> 00:11:41,326
Did one of them
kill Teresa Perez?
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00:11:41,397 --> 00:11:42,762
We don't know.
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00:11:43,132 --> 00:11:46,192
She was nice.
I saw her that day in the basement.
211
00:11:46,269 --> 00:11:47,998
She was folding her laundry.
212
00:11:48,071 --> 00:11:51,801
She was sick, but she helped me
put my clothes in the dryer.
213
00:11:52,007 --> 00:11:53,339
It's so sad.
214
00:11:53,409 --> 00:11:55,309
Yeah, it is.
Okay, thanks.
215
00:11:56,646 --> 00:11:59,581
Wrong MO, no eyewitness,
and no murder weapon.
216
00:11:59,916 --> 00:12:01,246
This gets better all the time.
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00:12:01,316 --> 00:12:04,752
The laundry in the girl's room,
did it look folded to you?
218
00:12:04,820 --> 00:12:07,517
What, the stuff in
the garbage bag? No.
219
00:12:10,927 --> 00:12:13,417
There's nothing remarkable
about the laundry itself.
220
00:12:13,495 --> 00:12:15,986
But I can tell you what brand
of fabric softener they use.
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Pass.
We're thinking the perp
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00:12:17,532 --> 00:12:19,397
might've handled
the garbage bag.
223
00:12:19,468 --> 00:12:22,029
Latent found only
the victim's prints on it.
224
00:12:22,105 --> 00:12:26,006
But I noticed what looked like the
imprint of an ear in the plastic.
225
00:12:26,074 --> 00:12:29,805
I side-lit the bag to highlight any
indentations and took a photo.
226
00:12:29,878 --> 00:12:31,778
Want to dim the lights?
227
00:12:37,185 --> 00:12:39,050
Here's what showed up.
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00:12:40,255 --> 00:12:43,884
I compared this image to the
autopsy photo of your victim.
229
00:12:46,728 --> 00:12:47,955
They match.
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00:12:48,030 --> 00:12:49,759
Her face made an
impression on the bag
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00:12:49,831 --> 00:12:51,662
while she was being suffocated.
232
00:12:51,733 --> 00:12:55,362
Looks like Darnell found a
bigger thrill than pillowcases.
233
00:13:01,877 --> 00:13:03,276
It still doesn't
prove anything.
234
00:13:03,345 --> 00:13:06,712
Unless we can put him in her
building, we're nowhere.
235
00:13:06,782 --> 00:13:07,840
What about his alibi?
236
00:13:07,916 --> 00:13:10,942
Well, the guy at the deli remembers
him getting a sandwich to go.
237
00:13:11,019 --> 00:13:13,282
Leaves him just over
an hour unaccounted for.
238
00:13:13,354 --> 00:13:15,687
Enough time to get to the
Perez place and back.
239
00:13:15,757 --> 00:13:20,285
Depends what his daughter says about
this so-called errand he did for her.
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00:13:21,063 --> 00:13:22,462
Let me know.
241
00:13:25,933 --> 00:13:28,128
Dad picked up some
clippers I brought in to get fixed.
242
00:13:28,202 --> 00:13:29,500
There's a repair
shop near his work.
243
00:13:29,571 --> 00:13:30,731
Can't be that close.
244
00:13:30,806 --> 00:13:34,333
His supervisor says he was 20
minutes late getting back.
245
00:13:34,443 --> 00:13:35,704
So maybe he had to wait.
246
00:13:35,776 --> 00:13:39,041
Clipper repair, that's a
tax-deductible expense, right?
247
00:13:39,113 --> 00:13:41,411
Yeah.
So you have the receipt?
248
00:13:43,318 --> 00:13:45,309
Is there some problem with his
parole 'cause he was late?
249
00:13:45,387 --> 00:13:48,355
Oh, we don't get out of bed
for parole violations.
250
00:13:48,422 --> 00:13:50,117
See, Wednesday,
a young girl was raped
251
00:13:50,191 --> 00:13:52,989
and murdered on
the Lower East Side.
252
00:13:55,129 --> 00:13:58,657
And naturally you thought of my father.
He's not a murderer.
253
00:13:58,733 --> 00:14:00,529
He happens to be
a convicted rapist.
254
00:14:00,601 --> 00:14:02,364
Those are all lies.
255
00:14:02,603 --> 00:14:04,594
If you could see him with
my kids, you would realize
256
00:14:04,672 --> 00:14:06,071
that he's not that kind of man.
257
00:14:06,140 --> 00:14:09,132
Miss, you want to
look for the receipt?
258
00:14:11,545 --> 00:14:15,447
Cute photos. Who's this?
259
00:14:17,251 --> 00:14:20,618
That's my father, when he
was seven, with my grandma.
260
00:14:21,088 --> 00:14:22,919
He reminds me of my little boy.
261
00:14:22,989 --> 00:14:25,720
Lennie, the statue
in the background.
262
00:14:25,793 --> 00:14:27,124
Looks like Union Square.
263
00:14:27,962 --> 00:14:31,193
Was this taken in New York?
I don't know.
264
00:14:32,867 --> 00:14:37,235
Here it is. Right there.
The date, it's Wednesday.
265
00:14:38,572 --> 00:14:41,473
There's no time stamped on it.
He could've gone there after work.
266
00:14:41,542 --> 00:14:43,169
My father doesn't
get off work till 6:00.
267
00:14:43,244 --> 00:14:45,337
The repair shop closes
at 5:00, all right?
268
00:14:45,412 --> 00:14:48,676
Now, I've got customers waiting, okay?
Do you mind?
269
00:14:52,620 --> 00:14:56,386
Go to prison and win your daughter's
undying love. If only I'd known.
270
00:14:56,457 --> 00:14:57,583
So what do you
make of that picture?
271
00:14:57,658 --> 00:14:59,648
Darnell's file has
him growing up in Ohio.
272
00:14:59,726 --> 00:15:01,557
He's got a juvie record there.
273
00:15:01,661 --> 00:15:03,561
Well, where was he
before he got a record?
274
00:15:03,630 --> 00:15:05,860
Lewis Darnell, the lost years.
275
00:15:08,035 --> 00:15:09,730
Darnell's mother
was a war widow.
276
00:15:09,803 --> 00:15:12,032
She wasn't in any of
the old city directories,
277
00:15:12,105 --> 00:15:16,405
but Uncle Sam sent her GI survivor
benefits until she remarried in 1953
278
00:15:16,476 --> 00:15:17,568
and moved to Ohio.
279
00:15:17,644 --> 00:15:19,839
Until then, she shared
an apartment with her sister.
280
00:15:19,914 --> 00:15:21,939
In the building
next to Teresa Perez.
281
00:15:22,016 --> 00:15:25,507
What does Judge Richler say about
a search warrant for Darnell?
282
00:15:25,585 --> 00:15:28,247
He turned us down.
Darnell's connection to the building
283
00:15:28,321 --> 00:15:30,915
wasn't compelling enough
to support probable cause.
284
00:15:30,990 --> 00:15:32,890
He wants to know
how many other rapists
285
00:15:32,959 --> 00:15:35,519
lived in the building
in the last 50 years.
286
00:15:35,595 --> 00:15:38,291
Can't Darnell's parole
officer order a search?
287
00:15:38,364 --> 00:15:40,594
We can always ask.
Get on it.
288
00:15:41,201 --> 00:15:44,466
And I want him examined for
scratches and bite marks.
289
00:15:44,537 --> 00:15:47,266
If we're lucky, the
girl put up a fight.
290
00:15:47,640 --> 00:15:49,938
Do I look like
Sandra Day O'Connor?
291
00:15:50,009 --> 00:15:53,103
A judge already dinged the search warrant.
I can't overrule that.
292
00:15:53,179 --> 00:15:54,874
Maybe, if you'd
have come to me first.
293
00:15:54,948 --> 00:15:57,974
Hey, isn't busting your parolees'
chops part of your job?
294
00:15:58,051 --> 00:16:00,109
Unfortunately, only for cause.
295
00:16:00,185 --> 00:16:01,881
The judge said there isn't any.
296
00:16:02,055 --> 00:16:03,249
Should've talked to me first.
297
00:16:03,323 --> 00:16:06,520
See, I told you, Lennie.
It was a mistake listening to Ross.
298
00:16:06,593 --> 00:16:07,685
Who's that?
299
00:16:07,760 --> 00:16:10,489
Ah, she's an A.D.A.
, doesn't know her ass from her elbow.
300
00:16:10,562 --> 00:16:12,996
She's the one who had the bright
idea to take it to a judge.
301
00:16:13,065 --> 00:16:15,762
Yeah. I tried to tell her
there was a better way,
302
00:16:15,835 --> 00:16:18,668
but you know how
these pushy career women are.
303
00:16:18,738 --> 00:16:22,571
Yep. I work for one.
Look, I'd really like to help you guys.
304
00:16:22,874 --> 00:16:24,171
You know, I just
thought of something.
305
00:16:24,243 --> 00:16:26,507
Can you pull Darnell
in for a physical exam?
306
00:16:26,578 --> 00:16:30,913
Sure, if I suspect drug use.
Should I suspect drug use?
307
00:16:32,352 --> 00:16:33,717
Absolutely.
308
00:16:34,019 --> 00:16:36,487
I don't need
you to agree, Lewis.
309
00:16:36,555 --> 00:16:38,352
Drug use is a violation
of your parole.
310
00:16:38,423 --> 00:16:41,358
You are required to
submit to an examination.
311
00:16:41,460 --> 00:16:44,259
Fine. I'll pee in a cup
and I'll get out of here.
312
00:16:44,330 --> 00:16:46,456
After the doctor checks
you for needle marks.
313
00:16:46,531 --> 00:16:49,056
If you refuse, I'll violate
you right back to prison.
314
00:16:49,134 --> 00:16:52,570
He says the word, you're on
the next bus to Sing Sing.
315
00:17:02,281 --> 00:17:04,715
He had some minor cuts on
his hands and forearms,
316
00:17:04,783 --> 00:17:07,650
but that's normal for someone
who works with sheet metal.
317
00:17:07,719 --> 00:17:11,246
Other than that, there were no
scratches, nail gouges or bite marks.
318
00:17:11,323 --> 00:17:13,985
Bruises? Nothing consistent
with a struggle.
319
00:17:14,059 --> 00:17:17,358
But this bird has some peculiar habits.
Like what?
320
00:17:17,729 --> 00:17:19,788
Mr. Darnell has
no body hair.
321
00:17:19,865 --> 00:17:22,128
He told me he shaves it
for personal hygiene.
322
00:17:22,199 --> 00:17:24,191
Said it was a habit
he picked up in prison.
323
00:17:24,269 --> 00:17:26,499
Explains why we didn't find
any of his hair on the girl.
324
00:17:26,571 --> 00:17:30,632
Hey, if rape was my business, I'd
shave before going to work, too.
325
00:17:30,809 --> 00:17:34,938
Sounds like Mr. Darnell just gave
you cause to search his premises.
326
00:17:38,083 --> 00:17:40,017
Here you go, pal.
Go see Mommy. Thank you.
327
00:17:40,085 --> 00:17:42,019
Come here, Jared.
Come here, sweetie.
328
00:17:42,087 --> 00:17:44,248
Tami, can you take them over
to your place for a second?
329
00:17:44,323 --> 00:17:48,156
Sure. Let's go, kids.
We can watch cartoons at my place, okay?
330
00:17:50,261 --> 00:17:51,523
You've got no right to do this.
331
00:17:51,595 --> 00:17:52,654
Take it up with him.
332
00:17:52,731 --> 00:17:55,222
Uh, Detective. I found these
in a cupboard under the sink.
333
00:17:55,300 --> 00:17:56,460
A few pair missing.
334
00:17:56,535 --> 00:17:58,001
What? I use those
to color hair!
335
00:17:58,069 --> 00:18:01,129
What's the hair salon for,
coffee klatches? Bag it.
336
00:18:01,205 --> 00:18:05,539
Hey, Lennie, in here.
No trophies from the Perez girl,
337
00:18:07,012 --> 00:18:10,447
but I found his stroke material.
Check out the titles.
338
00:18:11,349 --> 00:18:15,615
"Of Female Bondage," "Get
On the Bitch," "Erase Her."
339
00:18:15,820 --> 00:18:19,655
Yeah, and in case his VCR is on
the fritz, he's got magazines.
340
00:18:20,492 --> 00:18:22,789
Page after page of rape scenes.
341
00:18:23,728 --> 00:18:26,060
So much for 18
years of therapy.
342
00:18:26,530 --> 00:18:30,933
What can I say? Some people like
vanilla, I like rocky road.
343
00:18:31,402 --> 00:18:33,996
Yeah. I look at pictures of
ice cream, I get hungry.
344
00:18:34,071 --> 00:18:36,437
Do these make
you hungry, Lewis?
345
00:18:43,347 --> 00:18:46,144
I learned in therapy
to control my urges.
346
00:18:47,151 --> 00:18:51,144
This material helps me
relieve the pressure
347
00:18:51,222 --> 00:18:53,486
so it won't preoccupy my thoughts.
348
00:18:53,758 --> 00:18:57,022
What you learned is a fancy way
to blow smoke up our ass, Lewis.
349
00:18:57,093 --> 00:19:01,087
I have myself under control.
I see a state shrink every week.
350
00:19:01,399 --> 00:19:05,392
Yeah? You tell him how you did that
Kojak number on your privates?
351
00:19:05,469 --> 00:19:06,527
That's about hygiene.
352
00:19:06,604 --> 00:19:10,130
It's about two body hairs found
in Deborah Rourke's bed.
353
00:19:11,307 --> 00:19:14,299
That's what got you
convicted the first time.
354
00:19:14,912 --> 00:19:17,073
So you didn't want to
make that mistake again.
355
00:19:17,148 --> 00:19:20,412
That's a long time ago.
I want to talk about today.
356
00:19:21,217 --> 00:19:25,210
I'm not under arrest,
but here I am.
357
00:19:25,288 --> 00:19:26,687
You're detaining me illegally.
358
00:19:26,923 --> 00:19:30,655
You're being detained at the
request of your parole officer.
359
00:19:31,228 --> 00:19:32,626
This is one hell of a system.
360
00:19:32,695 --> 00:19:35,960
Well, it wasn't designed
for your enjoyment, Lewis.
361
00:19:36,299 --> 00:19:39,564
You ever wear disposable gloves?
No.
362
00:19:40,270 --> 00:19:42,262
You sure? 'Cause
your prints were found
363
00:19:42,339 --> 00:19:44,329
on a box of gloves
in your kitchen.
364
00:19:44,407 --> 00:19:45,704
Perhaps I had to move it.
365
00:19:45,775 --> 00:19:48,642
What about your silver
penknife, where's that?
366
00:19:48,711 --> 00:19:49,700
I never had a penknife.
367
00:19:49,779 --> 00:19:51,041
Somebody saw you
with it at work.
368
00:19:51,114 --> 00:19:52,843
It's not in your locker,
it's not at home.
369
00:19:52,916 --> 00:19:55,646
I never owned one.
Anything else? Yeah.
370
00:19:58,221 --> 00:20:00,212
Teresa Perez.
Who?
371
00:20:00,523 --> 00:20:02,957
You'd know her better as the
girl you raped and murdered
372
00:20:03,026 --> 00:20:04,755
last Wednesday on
your lunch break.
373
00:20:04,828 --> 00:20:07,763
I did no such thing.
I was running errands.
374
00:20:07,831 --> 00:20:10,061
We know. You got a sandwich and
you picked up the clippers.
375
00:20:10,133 --> 00:20:12,124
What'd you do with
the rest of the time?
376
00:20:12,202 --> 00:20:13,965
I walked and I ate.
377
00:20:14,137 --> 00:20:16,162
Write down where you went.
378
00:20:19,509 --> 00:20:21,135
I don't remember.
379
00:20:21,410 --> 00:20:24,903
Ever been to 122A
East 11th Street?
380
00:20:24,981 --> 00:20:26,039
Doesn't ring a bell.
381
00:20:27,050 --> 00:20:31,146
Are you sure? It's next door to where Ms.
Perez lived.
382
00:20:31,987 --> 00:20:33,318
No, sorry.
383
00:20:33,589 --> 00:20:35,386
You never went
down to the basement?
384
00:20:35,457 --> 00:20:36,856
No.
385
00:20:37,494 --> 00:20:39,689
Not even when you were seven?
386
00:20:42,031 --> 00:20:44,590
I don't have a clear
memory of my childhood.
387
00:20:44,666 --> 00:20:48,466
So you don't remember climbing
through a hole in that basement?
388
00:20:48,537 --> 00:20:51,598
No. But you do
remember that basement, right?
389
00:20:52,208 --> 00:20:54,039
I don't want to talk anymore.
390
00:20:54,110 --> 00:20:55,667
It's not up for a vote.
391
00:20:55,777 --> 00:20:59,269
If you had anything on me, I'd
be under arrest right now.
392
00:20:59,348 --> 00:21:01,646
I don't care if you violate
me, I'm going home.
393
00:21:01,717 --> 00:21:03,514
Sit down.
Detective.
394
00:21:11,994 --> 00:21:13,461
Now arrest him!
395
00:21:13,529 --> 00:21:16,555
Hey, hump, you're in.
You just violated your parole.
396
00:21:16,632 --> 00:21:17,894
You have the
right to remain silent.
397
00:21:17,966 --> 00:21:21,424
Anything you say can and will be
used against you in a court of law.
398
00:21:23,972 --> 00:21:28,409
I can stall a hearing on his parole
violation for 90 days, but that's it.
399
00:21:28,911 --> 00:21:31,038
What are his chances at the hearing?
400
00:21:31,113 --> 00:21:33,741
Well, he was late for work and he
walked out of a police interview.
401
00:21:33,815 --> 00:21:36,807
In the world of parolees, gets
him the good citizen's award.
402
00:21:36,885 --> 00:21:40,412
Mr. Munro, I'd like to know
we're on the same page here.
403
00:21:41,623 --> 00:21:43,783
The object is to
keep him behind bars
404
00:21:43,858 --> 00:21:46,224
until we can make a
murder case against him.
405
00:21:46,294 --> 00:21:47,762
I'll talk to
the hearing officer,
406
00:21:47,829 --> 00:21:49,524
I'll show him your
file on the Perez girl,
407
00:21:49,598 --> 00:21:51,793
but I can't promise anything.
408
00:21:53,135 --> 00:21:55,796
Sounds like Darnell can start
planning his welcome home party.
409
00:21:55,870 --> 00:21:58,031
It's three months he
won't be on the hunt.
410
00:21:58,105 --> 00:22:00,370
Mr. McCoy?
This just came by messenger.
411
00:22:02,844 --> 00:22:05,472
Darnell filed a writ
of habeas corpus.
412
00:22:08,716 --> 00:22:11,685
Mr. Darnell's parole officer
signed off on his arrest.
413
00:22:11,752 --> 00:22:15,621
With a 400-pound gorilla named Jack
McCoy breathing down his neck.
414
00:22:15,691 --> 00:22:17,682
Your Honor, these
Mickey Mouse violations
415
00:22:17,759 --> 00:22:19,851
are a pretext to
keep my client in prison
416
00:22:19,927 --> 00:22:21,622
while Mr. McCoy
investigates a crime
417
00:22:21,696 --> 00:22:23,288
totally unrelated
to his parole.
418
00:22:23,364 --> 00:22:24,353
What crime is that?
419
00:22:24,432 --> 00:22:27,424
A brutal rape and murder committed with Mr.
Darnell's signature on it.
420
00:22:27,501 --> 00:22:29,026
It must've been in
disappearing ink.
421
00:22:29,104 --> 00:22:30,594
There's no evidence
he was involved.
422
00:22:30,672 --> 00:22:32,332
That's immaterial.
423
00:22:32,540 --> 00:22:35,600
His parole conditions require him
to cooperate with the authorities.
424
00:22:35,676 --> 00:22:37,576
He consented
to a physical exam.
425
00:22:37,645 --> 00:22:39,408
He consented to
an interrogation.
426
00:22:39,480 --> 00:22:42,143
He tried to leave.
After two hours of questioning.
427
00:22:42,217 --> 00:22:43,740
It does seem unreasonable, Mr.
McCoy.
428
00:22:43,818 --> 00:22:46,082
Your Honor, that's for a
parole hearing to determine.
429
00:22:46,153 --> 00:22:49,213
With all due respect, he doesn't
have a remedy in this court.
430
00:22:49,290 --> 00:22:52,020
He does, Your Honor, if
the detention is illegal.
431
00:22:52,093 --> 00:22:56,257
I agree. Mr. McCoy, I don't see a
significant parole violation here.
432
00:22:56,731 --> 00:22:59,222
I'm ordering
Mr. Darnell's release.
433
00:23:00,267 --> 00:23:01,393
Isn't it heartening?
434
00:23:01,469 --> 00:23:04,438
Even the rights of a disturbed
serial rapist are protected.
435
00:23:04,505 --> 00:23:06,268
How disturbed is he?
436
00:23:07,507 --> 00:23:11,171
There is a procedure for committing
dangerous people against their will.
437
00:23:11,245 --> 00:23:13,475
Maybe we've just been
in the wrong court.
438
00:23:13,547 --> 00:23:16,141
I've read the mental
hygiene law, Your Honor.
439
00:23:16,217 --> 00:23:18,377
There's no way my client
qualifies for commitment.
440
00:23:18,451 --> 00:23:21,011
He's a diagnosed serial rapist.
He's a danger to others.
441
00:23:21,087 --> 00:23:23,283
You don't even have standing
to make this application.
442
00:23:23,357 --> 00:23:25,882
Mr. Darnell's state-appointed
therapist does.
443
00:23:25,960 --> 00:23:28,656
Your Honor, he's trying
to use a civil statute
444
00:23:28,729 --> 00:23:30,662
to impose criminal
sanctions on my client.
445
00:23:30,730 --> 00:23:32,698
It's outrageous.
I'm within the letter of the law.
446
00:23:32,766 --> 00:23:35,257
No. Maybe within
the spirit, Mr. McCoy.
447
00:23:35,335 --> 00:23:37,201
Now, I'll hear arguments
Thursday morning.
448
00:23:37,271 --> 00:23:40,001
Mr. Darnell is scheduled for release
from Rikers this afternoon.
449
00:23:40,074 --> 00:23:42,507
I want him held for observation
until the hearing.
450
00:23:42,575 --> 00:23:46,306
That's fine with me.
Have the papers on my desk after lunch.
451
00:23:48,882 --> 00:23:51,283
I don't see
a problem, Elizabeth.
452
00:23:51,519 --> 00:23:54,180
His own therapist has agreed
to support the application.
453
00:23:54,254 --> 00:23:57,155
A therapist with 300
court-ordered clients.
454
00:23:57,257 --> 00:23:59,782
I doubt he could even pick
Darnell out of a lineup,
455
00:23:59,859 --> 00:24:02,885
and I doubt it ever occurred to him to have
him committed until you brought it up.
456
00:24:02,962 --> 00:24:05,898
Darnell rapes and kills.
Isn't that a sign something's wrong with him?
457
00:24:05,965 --> 00:24:07,455
Like it or not, his abnormality
458
00:24:07,534 --> 00:24:09,729
is not a recognized
mental illness.
459
00:24:09,803 --> 00:24:12,465
If you want to commit him, petition
the American Psychiatric Association,
460
00:24:12,539 --> 00:24:15,201
not a judge.
We're not reinventing the wheel here.
461
00:24:15,275 --> 00:24:17,936
Six states have laws
to commit sexual predators.
462
00:24:18,010 --> 00:24:21,071
And they're all being appealed
to the Supreme Court.
463
00:24:21,147 --> 00:24:25,243
Until the nine Supremes rule otherwise,
I'm having Darnell locked up.
464
00:24:25,318 --> 00:24:27,582
The same way the Soviets
filled the gulag.
465
00:24:27,654 --> 00:24:30,019
It's using psychiatry
to punish people.
466
00:24:30,089 --> 00:24:32,115
Hey!
It's legally brilliant.
467
00:24:32,192 --> 00:24:34,456
Bound to be a hit
with the public.
468
00:24:34,527 --> 00:24:36,358
And you've no
business doing it.
469
00:24:36,429 --> 00:24:38,863
You're an assistant
district attorney.
470
00:24:39,232 --> 00:24:42,325
You work in criminal term.
If you can't beat them there, that's it.
471
00:24:42,401 --> 00:24:44,096
That's the end of the story.
472
00:24:44,169 --> 00:24:46,866
You don't get psychiatrists to
front for you in civil term.
473
00:24:46,940 --> 00:24:48,931
I'm leaning on the police,
but it could be months
474
00:24:49,008 --> 00:24:52,375
before we have enough evidence
for a murder conviction.
475
00:24:52,445 --> 00:24:54,674
Where do you
want him until then?
476
00:24:54,747 --> 00:24:56,544
I'm on the side
of the angels here.
477
00:24:56,615 --> 00:24:58,947
If I can stretch
the mental hygiene law,
478
00:24:59,017 --> 00:25:03,318
it's worth doing to keep him off the street!
Hopefully for good.
479
00:25:07,626 --> 00:25:09,025
After examining his file,
480
00:25:09,094 --> 00:25:13,725
I'd say Mr. Darnell has a sexual
deviation known as preferential rape.
481
00:25:14,400 --> 00:25:17,630
He'd rather rape than have
a normal sexual encounter.
482
00:25:17,703 --> 00:25:21,195
He finds the force and fear
of rape sexually exciting.
483
00:25:22,007 --> 00:25:23,269
What provokes him?
484
00:25:23,342 --> 00:25:26,607
Any number of stress
factors. Work, family,
485
00:25:26,678 --> 00:25:28,613
even waiting in line
at the grocery store.
486
00:25:29,515 --> 00:25:32,973
The pressure builds until he
feels a compulsion to rape.
487
00:25:33,051 --> 00:25:34,848
After he does,
what happens?
488
00:25:34,920 --> 00:25:38,686
The pressures start to build again
and the cycle repeats itself.
489
00:25:38,757 --> 00:25:41,385
Is his abnormality treatable?
490
00:25:41,760 --> 00:25:44,388
Drugs can decrease
his sex drive.
491
00:25:44,463 --> 00:25:46,761
His arousal can
be reconditioned.
492
00:25:47,166 --> 00:25:49,999
But left untreated, do you agree with Mr.
Darnell's therapist
493
00:25:50,068 --> 00:25:51,501
that he'll continue to rape?
494
00:25:51,570 --> 00:25:53,366
Yes. I have no doubt.
495
00:25:53,704 --> 00:25:55,036
Thank you.
496
00:25:57,442 --> 00:26:01,970
Dr. Olivet, what's the characteristic
of my client's abnormality?
497
00:26:02,381 --> 00:26:04,212
He commits sex crimes.
498
00:26:04,283 --> 00:26:07,115
So he's abnormal because
he commits crimes.
499
00:26:07,718 --> 00:26:10,051
Can't the same be said
of a thief or a mugger?
500
00:26:10,122 --> 00:26:13,649
I don't know of any reported
case of compulsive mugging.
501
00:26:15,194 --> 00:26:16,627
The treatments you mentioned,
502
00:26:16,695 --> 00:26:20,323
are they effective in controlling
my client's abnormality?
503
00:26:20,731 --> 00:26:22,825
Yes, to varying degrees.
504
00:26:22,901 --> 00:26:24,960
In other words,
there's no meaningful,
505
00:26:25,037 --> 00:26:28,336
long-lasting treatment
for serial rapists, is there?
506
00:26:28,806 --> 00:26:30,330
No. There's no cure,
507
00:26:30,408 --> 00:26:33,070
and there's no guarantee
that he won't re-offend.
508
00:26:34,412 --> 00:26:35,504
Thank you.
509
00:26:35,580 --> 00:26:37,105
Before
they got divorced,
510
00:26:37,182 --> 00:26:39,980
my mom would take me
to visit him every month,
511
00:26:40,552 --> 00:26:42,883
and then later,
when I was older,
512
00:26:42,954 --> 00:26:46,412
I would go out by myself on
the train every other week.
513
00:26:50,963 --> 00:26:54,830
I waited 18 years to get my father back.
Now, he served his sentence,
514
00:26:54,899 --> 00:26:56,025
and I don't think
they should just be able
515
00:26:56,100 --> 00:26:59,433
to take him away again for
doing absolutely nothing.
516
00:26:59,737 --> 00:27:02,865
Would you describe your
father as loving and supportive?
517
00:27:02,940 --> 00:27:08,310
Yes. Yeah. He always told me to stay
in school and to get good grades,
518
00:27:09,080 --> 00:27:12,743
and after my divorce he encouraged
me to start my own business,
519
00:27:12,817 --> 00:27:15,342
and you should see
him with my kids.
520
00:27:15,553 --> 00:27:19,114
He plays with them and he
reads stories to them.
521
00:27:19,757 --> 00:27:22,487
Do you feel they're safe with him?
Yes.
522
00:27:22,560 --> 00:27:25,996
Yeah, of course.
Look, my father is a very gentle man.
523
00:27:27,298 --> 00:27:28,628
Thank you.
524
00:27:34,739 --> 00:27:38,675
Ms. Darnell, did you know
that this "gentle man"
525
00:27:40,210 --> 00:27:44,840
kept violent, sexually-explicit
magazines in his room?
526
00:27:46,217 --> 00:27:49,448
Those aren't real, Mr. McCoy.
Those women are models.
527
00:27:49,520 --> 00:27:53,319
It's fantasies. You can't lock
people up for their fantasies.
528
00:28:00,298 --> 00:28:02,789
I want you to
look at these photos.
529
00:28:05,402 --> 00:28:10,066
Those wounds aren't fantasies.
Those women aren't models.
530
00:28:11,708 --> 00:28:13,074
Those are your
father's victims.
531
00:28:13,144 --> 00:28:14,634
Objection.
532
00:28:15,313 --> 00:28:19,146
Goes to credibility, Your Honor.
I'll allow it. Go on.
533
00:28:22,419 --> 00:28:24,410
My father didn't do this.
534
00:28:27,425 --> 00:28:30,518
He told his prison therapist
that he raped them.
535
00:28:31,294 --> 00:28:33,159
He admitted his guilt
to the parole board.
536
00:28:33,229 --> 00:28:36,756
Because he had to, or they
would have never let him out.
537
00:28:38,234 --> 00:28:39,700
Did he tell you that he lied?
538
00:28:39,768 --> 00:28:40,929
No. He didn't
have to tell me.
539
00:28:41,004 --> 00:28:42,699
I just know he
never raped anybody.
540
00:28:42,772 --> 00:28:45,673
Then how do you account for
the evidence used to convict him?
541
00:28:46,910 --> 00:28:49,708
I have read where people
get convicted of rape,
542
00:28:49,779 --> 00:28:52,713
and then years later
they're found innocent.
543
00:28:53,315 --> 00:28:56,911
Experts make mistakes,
Mr. McCoy. Witnesses lie.
544
00:28:57,487 --> 00:29:00,388
Yes, Ms. Darnell,
and they can be deceived.
545
00:29:03,892 --> 00:29:08,158
The whole time in prison.
I conducted myself in a responsible way.
546
00:29:09,165 --> 00:29:12,134
That's why I was recommended
for early parole.
547
00:29:12,202 --> 00:29:13,260
While you were in prison,
548
00:29:13,336 --> 00:29:16,395
were you ever hospitalized
for psychiatric reasons?
549
00:29:16,472 --> 00:29:19,100
No, sir. - Did you
receive any kind of counseling?
550
00:29:19,174 --> 00:29:21,768
I volunteered
for group therapy.
551
00:29:21,844 --> 00:29:23,813
To change my
attitudes toward women
552
00:29:25,015 --> 00:29:29,747
and to learn how to express
emotions in constructive ways.
553
00:29:30,419 --> 00:29:32,853
Did you achieve those goals?
Yes.
554
00:29:34,256 --> 00:29:38,523
Your Honor, I spent
18 years in prison
555
00:29:39,962 --> 00:29:43,955
because Mr. McCoy said I had
a debt to pay to society.
556
00:29:45,934 --> 00:29:50,201
Well, I paid that debt.
I shouldn't have to pay it again.
557
00:29:52,274 --> 00:29:53,935
No more questions.
558
00:29:57,980 --> 00:29:59,777
Mr. Darnell,
when was the last time
559
00:29:59,848 --> 00:30:02,373
you had consensual
sex with a woman?
560
00:30:04,019 --> 00:30:05,919
I don't know.
Oh, come on.
561
00:30:07,056 --> 00:30:10,514
You were released from prison
more than two months ago.
562
00:30:11,126 --> 00:30:15,653
By your own admission, you're
now a healthy, normal male.
563
00:30:18,467 --> 00:30:21,265
The opportunity must've
presented itself.
564
00:30:22,971 --> 00:30:24,438
Yes, I had sex.
565
00:30:24,506 --> 00:30:26,599
Really? Who with?
566
00:30:28,042 --> 00:30:29,031
I don't know her name.
567
00:30:29,110 --> 00:30:32,046
Did she help you act
out your rape fantasies?
568
00:30:32,181 --> 00:30:35,378
No, sir.
Did she charge extra for the pillow case?
569
00:30:35,451 --> 00:30:37,316
Objection.
Withdrawn.
570
00:30:39,687 --> 00:30:43,054
Mr. Darnell, the truth is, you
haven't changed at all, have you?
571
00:30:43,124 --> 00:30:45,116
No, I have changed.
How?
572
00:30:45,461 --> 00:30:47,986
You still have fantasies
about rape, don't you?
573
00:30:48,063 --> 00:30:50,190
That's just in my head.
So,
574
00:30:51,032 --> 00:30:53,899
you think about it constantly?
No, sir.
575
00:30:54,202 --> 00:30:56,693
But you still have
the urge to rape.
576
00:30:56,771 --> 00:31:00,173
I am not interested
in raping anyone!
577
00:31:00,242 --> 00:31:02,005
In prison, I learned
to control myself.
578
00:31:02,244 --> 00:31:05,610
In prison there were no women
available, were there?
579
00:31:05,713 --> 00:31:07,544
I'm controlling
myself out here, too.
580
00:31:07,615 --> 00:31:10,015
By sheer force of will?
Yes.
581
00:31:10,084 --> 00:31:11,381
That works for you,
582
00:31:11,452 --> 00:31:14,353
despite all the medical
evidence to the contrary?
583
00:31:15,289 --> 00:31:16,278
Yes.
584
00:31:16,357 --> 00:31:21,624
Even though you still are turned
on by depictions of rape?
585
00:31:22,797 --> 00:31:27,131
Yes. Despite your
history of 13 rapes?
586
00:31:28,769 --> 00:31:30,703
Despite being
investigated for the rape
587
00:31:30,771 --> 00:31:33,569
and murder of Teresa
Perez two weeks ago?
588
00:31:33,641 --> 00:31:34,869
I had nothing to do with that.
589
00:31:34,942 --> 00:31:39,708
You're saying that you can control
yourself for the rest of your life?
590
00:31:39,813 --> 00:31:41,611
That's what I'm saying.
You're lying.
591
00:31:41,682 --> 00:31:42,671
Objection.
592
00:31:42,750 --> 00:31:47,653
You lied to the parole board, you
lied to your prison psychiatrist,
593
00:31:47,722 --> 00:31:49,246
you even lied to
your own daughter.
594
00:31:49,323 --> 00:31:51,119
Sustained, Mr. McCoy.
595
00:31:51,191 --> 00:31:54,525
You want me locked up because
of something I might do.
596
00:31:54,595 --> 00:31:57,223
You can't do that!
It isn't right!
597
00:31:57,865 --> 00:32:01,028
You roaming the streets
isn't right, Mr. Darnell.
598
00:32:01,169 --> 00:32:02,499
Mr. McCoy!
599
00:32:04,137 --> 00:32:07,402
Withdrawn. I'm through
with this witness.
600
00:32:17,284 --> 00:32:21,015
Even if we grant that Mr.
Darnell is a serial rapist
601
00:32:21,087 --> 00:32:23,522
and suffers from
a compulsion to rape,
602
00:32:23,591 --> 00:32:25,888
Mr. McCoy still has no
right to lock him up.
603
00:32:25,959 --> 00:32:28,291
I don't understand,
Mr. Granick.
604
00:32:28,595 --> 00:32:31,689
Mr. McCoy has
a medical justification,
605
00:32:31,765 --> 00:32:33,665
and he can prove
a continuing threat.
606
00:32:34,568 --> 00:32:37,402
Isn't that what the mental
hygiene law envisions?
607
00:32:37,471 --> 00:32:41,304
The statute mandates commitment
for the purpose of treatment
608
00:32:41,608 --> 00:32:44,406
with the expectation
of eventual release.
609
00:32:44,911 --> 00:32:46,435
The people's own
witnesses concede
610
00:32:46,513 --> 00:32:49,244
there is no cure
for serial rapists.
611
00:32:49,350 --> 00:32:53,149
Mr. McCoy is seeking indefinite
confinement for my client.
612
00:32:53,320 --> 00:32:55,788
That's a gross violation of the
Eighth Amendment prohibition
613
00:32:55,855 --> 00:32:57,254
against cruel and
unusual punishment.
614
00:32:57,324 --> 00:32:59,554
If he's dangerous
and incurable,
615
00:32:59,626 --> 00:33:01,116
all the more reason
to commit him.
616
00:33:01,194 --> 00:33:02,820
Commit him because
he can't be cured.
617
00:33:02,895 --> 00:33:05,456
He can't be cured,
so don't commit him.
618
00:33:05,532 --> 00:33:07,124
This is a catch-22,
gentlemen.
619
00:33:07,200 --> 00:33:10,636
It's Mr. McCoy looking for a second
bite at the confinement apple.
620
00:33:10,704 --> 00:33:13,195
Mr. Darnell has already
served his time in prison.
621
00:33:13,272 --> 00:33:15,399
Your Honor, the mental
hygiene law can be applied
622
00:33:15,474 --> 00:33:18,171
as broadly or as
narrowly as you see fit.
623
00:33:18,245 --> 00:33:22,045
We have a chance here to take a
serial rapist off the street,
624
00:33:22,515 --> 00:33:26,416
to offer him some measure of
treatment, and to protect society.
625
00:33:26,485 --> 00:33:28,646
Your Honor, if you
grant this application,
626
00:33:28,721 --> 00:33:30,849
it will not stop
at serial rapists.
627
00:33:30,924 --> 00:33:33,085
Anybody that they can't
convict in criminal court,
628
00:33:33,159 --> 00:33:34,285
they'll ship off to Bellevue.
629
00:33:34,361 --> 00:33:37,352
There's no slippery slope here, Your Honor.
This is sui generis.
630
00:33:37,429 --> 00:33:40,592
Mr. Darnell is an exceptional
and egregious case.
631
00:33:40,933 --> 00:33:42,059
Thank you, Counselors.
632
00:33:42,134 --> 00:33:43,726
I'll certainly consider
your arguments
633
00:33:43,802 --> 00:33:45,998
and render a decision
when we reconvene.
634
00:33:46,072 --> 00:33:48,472
Court will recess until
3:00 this afternoon.
635
00:33:51,844 --> 00:33:55,712
The Supreme Court is presently
considering in Kansas v. Hendricks
636
00:33:55,781 --> 00:33:57,806
the very issues
that you raised.
637
00:33:57,883 --> 00:34:01,410
I'm loathe to precede Mr.
Rehnquist and his brethren
638
00:34:01,487 --> 00:34:03,250
into uncharted territory.
639
00:34:04,223 --> 00:34:07,158
Mr. McCoy, what you
propose is very tempting,
640
00:34:07,493 --> 00:34:09,620
but I suspect very perilous.
641
00:34:10,329 --> 00:34:12,923
I'm going to deny
your application.
642
00:34:12,998 --> 00:34:15,489
Mr. Darnell is ordered
released forthwith.
643
00:34:17,836 --> 00:34:20,600
No! No! No!
644
00:34:32,217 --> 00:34:34,708
We conducted
nearly 300 interviews,
645
00:34:34,920 --> 00:34:38,082
we showed his photo to everyone
in the girl's neighborhood,
646
00:34:38,156 --> 00:34:42,025
we canvassed subway stations,
bus stops, cab companies.
647
00:34:42,494 --> 00:34:44,621
The man blends in
like warm butter.
648
00:34:44,697 --> 00:34:48,224
I want follow-up interviews.
And keep showing his photo.
649
00:34:48,367 --> 00:34:49,799
That's the plan.
650
00:34:49,867 --> 00:34:53,998
Forensics compared every kind of
fiber from Darnell's work and home,
651
00:34:54,206 --> 00:34:58,142
from clothing to carpeting, to
what was found at the Perez place.
652
00:34:58,210 --> 00:35:01,007
Nothing matched.
That's not good enough.
653
00:35:02,213 --> 00:35:03,771
I beg your pardon?
654
00:35:03,848 --> 00:35:05,509
You've had this case for weeks.
655
00:35:06,084 --> 00:35:07,609
You haven't given me a
single piece of evidence
656
00:35:07,686 --> 00:35:09,415
I can hang
an arrest warrant on.
657
00:35:09,488 --> 00:35:12,082
Mr. McCoy, when my
detectives get back
658
00:35:12,157 --> 00:35:13,748
from their needlepoint classes,
659
00:35:13,925 --> 00:35:16,723
I'll put them on
the case. Anything else?
660
00:35:16,894 --> 00:35:21,059
Yes. Starting today, I want
round-the-clock surveillance on Darnell.
661
00:35:25,336 --> 00:35:27,270
That was some
motivational speech.
662
00:35:27,338 --> 00:35:30,535
Soon as we convict Darnell,
I'll send her flowers.
663
00:35:30,942 --> 00:35:34,002
Open the case before the grand
jury and let's get them busy.
664
00:35:34,078 --> 00:35:35,068
Doing what?
665
00:35:35,147 --> 00:35:39,549
Start by subpoenaing everyone Darnell's
talked to in the last six weeks.
666
00:35:39,951 --> 00:35:42,317
And I want a summary of the
Sex Offender Registration Act
667
00:35:42,387 --> 00:35:43,854
on my desk by tomorrow morning.
668
00:35:43,921 --> 00:35:45,047
Megan's Law?
669
00:35:45,123 --> 00:35:48,387
I'm gonna give Darnell something
to think about besides rape.
670
00:35:48,458 --> 00:35:51,758
By the time I'm through,
he'll run back to Sing Sing.
671
00:35:51,829 --> 00:35:54,195
We've got a warrant to search Mr.
Darnell's locker.
672
00:35:54,265 --> 00:35:56,426
Again? We're still
looking for a penknife.
673
00:35:56,501 --> 00:35:58,799
You mind showing
these officers the way?
674
00:35:58,870 --> 00:36:01,133
The warrant's also good
to search your work area,
675
00:36:01,204 --> 00:36:04,936
which pretty much covers the entire place.
Start right here.
676
00:36:05,143 --> 00:36:09,443
Okay! Everybody gather
around for mail call.
677
00:36:10,114 --> 00:36:13,310
Do we have a Christopher White here?
Right here.
678
00:36:13,583 --> 00:36:16,246
Here you go. It's an invitation
from the grand jury.
679
00:36:16,320 --> 00:36:20,723
They want to talk to you about your
friendly neighborhood serial rapist.
680
00:36:20,892 --> 00:36:22,860
Neal Dawson?
Yeah, that's me.
681
00:36:22,927 --> 00:36:27,124
Neal. Anybody who doesn't show
up gets cited for contempt.
682
00:36:27,597 --> 00:36:31,034
I'm sure you'll all want to thank
your friend Lewis in a big way.
683
00:36:31,102 --> 00:36:32,660
Rob McAllister?
684
00:36:34,005 --> 00:36:36,370
We're finished with the search.
Sorry for the bother.
685
00:36:36,440 --> 00:36:38,840
What about this?
You're dragging my neighbors into court.
686
00:36:38,909 --> 00:36:40,274
It's not court,
it's the grand jury.
687
00:36:40,343 --> 00:36:42,971
Yeah, well, I don't give a damn what you call it.
This is harassment.
688
00:36:43,046 --> 00:36:45,413
We're conducting
a lawful investigation.
689
00:36:45,483 --> 00:36:46,882
You live with a rapist
and a murderer,
690
00:36:46,951 --> 00:36:49,282
you have to put up with a
few minor inconveniences.
691
00:36:49,352 --> 00:36:51,684
This might be lawful
in Peking or in Havana,
692
00:36:51,755 --> 00:36:53,552
but we're talking about
New York City here!
693
00:36:53,623 --> 00:36:56,786
Look. Look at this!
Look at this crap!
694
00:36:57,394 --> 00:36:59,794
You've got our phone number
and our address on here!
695
00:36:59,863 --> 00:37:01,057
You have no right to do this!
696
00:37:01,131 --> 00:37:03,463
That didn't come from the
department or the D.A.'s office.
697
00:37:03,533 --> 00:37:05,660
Yeah? Whoever did this got the
information from somewhere.
698
00:37:05,735 --> 00:37:08,863
Hey, Megan's Law says we have
to inform local agencies
699
00:37:08,939 --> 00:37:11,202
that there's a sex offender
living in their area.
700
00:37:11,273 --> 00:37:14,471
You got a problem with that,
call Governor Pataki.
701
00:37:26,389 --> 00:37:31,918
Hey, Lewis! Look at you.
Twenty-five blocks and hardly a drop of sweat.
702
00:37:32,829 --> 00:37:34,091
I guess all that
walking around the yard
703
00:37:34,164 --> 00:37:36,188
in Sing Sing
really paid off, huh?
704
00:37:36,265 --> 00:37:39,235
So, what's the matter? Your local bodega
ran out of your favorite breakfast drink?
705
00:37:39,302 --> 00:37:43,238
Hey, Rey, look what
I found on the floor.
706
00:37:43,306 --> 00:37:44,432
Must have fallen off the board.
707
00:37:46,376 --> 00:37:49,401
You know, that's a
really good likeness, Lewis.
708
00:37:54,985 --> 00:37:56,577
He was
hounded from his job.
709
00:37:56,653 --> 00:37:58,712
He hasn't been able to
find a new employer.
710
00:37:58,787 --> 00:38:00,414
His face has been plastered
all over the West Side.
711
00:38:00,489 --> 00:38:02,480
He's a virtual pariah
in his neighborhood.
712
00:38:02,558 --> 00:38:05,254
He has no choice but to apply
for a change of residence.
713
00:38:05,327 --> 00:38:07,262
Who do you know
in Binghamton, Lewis?
714
00:38:07,330 --> 00:38:08,490
A cousin.
715
00:38:08,732 --> 00:38:13,293
He owns a pizzeria. He said he can
give me a job making deliveries.
716
00:38:14,003 --> 00:38:18,770
Mr. Munro, I notified the Broome
County District Attorney's office.
717
00:38:19,475 --> 00:38:21,944
He plans to oppose
his relocation.
718
00:38:22,546 --> 00:38:25,013
Lewis, is there anywhere
else in New York State?
719
00:38:25,080 --> 00:38:28,516
We sent notifications to every
county in the state. No one wants him.
720
00:38:28,584 --> 00:38:32,315
Mr. Darnell's been in contact
with a relative outside Akron.
721
00:38:32,388 --> 00:38:35,221
Yes. George Radford
in Greensburg.
722
00:38:36,692 --> 00:38:40,685
The Summit County D.A. Doesn't want Mr.
Darnell in his jurisdiction, either.
723
00:38:40,763 --> 00:38:42,424
How did you know about Radford?
724
00:38:42,498 --> 00:38:45,331
We have a court-approved wiretap
on your client's phone.
725
00:38:45,401 --> 00:38:49,269
Now, if Mr. Darnell finds life
in New York so intolerable,
726
00:38:50,139 --> 00:38:52,664
he can live on the grounds of
the Camp Gabriel's work farm.
727
00:38:52,741 --> 00:38:54,299
I'm not going back to prison.
728
00:38:54,376 --> 00:38:57,675
You wouldn't be an inmate.
You'd be on work release.
729
00:38:57,980 --> 00:39:01,142
Work where?
It's in the middle of the damn woods.
730
00:39:01,683 --> 00:39:02,946
Screw your work release.
731
00:39:03,018 --> 00:39:04,747
Knock it off, Lewis.
732
00:39:05,054 --> 00:39:07,579
Mr. Granick, my hands
are tied here.
733
00:39:08,123 --> 00:39:10,454
Until Lewis comes up with a
community willing to take him,
734
00:39:10,525 --> 00:39:12,618
I have to deny his request.
735
00:39:18,133 --> 00:39:19,862
You son of a bitch!
736
00:39:20,803 --> 00:39:23,396
I'm warning you.
You better step off, you understand?
737
00:39:23,471 --> 00:39:25,598
You leave me the hell alone!
738
00:39:25,807 --> 00:39:29,368
There's only three ways that's
gonna happen, Mr. Darnell.
739
00:39:29,612 --> 00:39:34,241
Either you'll kill me, kill
yourself or go back to prison.
740
00:39:39,187 --> 00:39:42,645
Here's one from the director
of the division of parole.
741
00:39:42,724 --> 00:39:46,990
You're interfering with the proper
administration of their field services.
742
00:39:47,061 --> 00:39:50,087
It was their brilliant idea to grant
him parole in the first place.
743
00:39:50,164 --> 00:39:53,065
Save your witticisms for
the police commissioner.
744
00:39:53,134 --> 00:39:57,629
His office thinks that your little
operation is costing too much overtime.
745
00:39:57,839 --> 00:40:01,468
I'm prosecuting a murder.
I'm not looking to save pennies.
746
00:40:01,843 --> 00:40:04,243
By the way, how is that case going?
747
00:40:04,312 --> 00:40:06,405
He hasn't led his police escort
748
00:40:06,481 --> 00:40:08,449
to a secret stash of evidence?
749
00:40:08,816 --> 00:40:09,804
I'm stunned.
750
00:40:09,883 --> 00:40:11,977
What am I supposed to do, Adam?
751
00:40:12,053 --> 00:40:14,385
Darnell won't oblige
me with a confession.
752
00:40:15,456 --> 00:40:18,425
I need to tell these
people what you're doing
753
00:40:18,493 --> 00:40:20,290
serves some legitimate purpose.
754
00:40:20,461 --> 00:40:23,258
I'm pushing hard to break a suspect.
Is that good enough?
755
00:40:25,967 --> 00:40:28,162
Darnell isn't going
back to prison quietly.
756
00:40:28,236 --> 00:40:30,727
He got the Southern District Court
to issue a restraining order.
757
00:40:30,805 --> 00:40:33,273
How bad is it?
He's putting us out of business.
758
00:40:33,341 --> 00:40:35,240
And he's got the
A.C.L.U. On board.
759
00:40:35,308 --> 00:40:36,866
A. C... Oh, boy.
760
00:40:41,382 --> 00:40:46,546
Forty-seven subpoenas, six search
warrants, three wiretap warrants,
761
00:40:46,620 --> 00:40:48,952
24-hour surveillance.
It's abusive.
762
00:40:49,022 --> 00:40:50,387
It's entirely within the scope
763
00:40:50,457 --> 00:40:52,824
of my prosecutorial authority.
764
00:40:53,194 --> 00:40:54,821
Your Honor,
an independent magistrate
765
00:40:54,896 --> 00:40:56,329
signed off on each
and every warrant.
766
00:40:56,397 --> 00:40:59,024
The Gambinos never got this
kind of attention, Your Honor.
767
00:40:59,099 --> 00:41:01,260
Mr. McCoy, is there
a realistic hope
768
00:41:01,334 --> 00:41:03,359
of uncovering
relevant evidence here?
769
00:41:03,437 --> 00:41:06,430
We're looking for the
knife used in the crime,
770
00:41:06,641 --> 00:41:08,734
the clothes worn
by Mr. Darnell,
771
00:41:08,810 --> 00:41:11,073
and any person he might've
spoken to about the crime.
772
00:41:11,144 --> 00:41:12,771
Some of these
witnesses have been called
773
00:41:12,846 --> 00:41:15,337
before the grand
jury four times.
774
00:41:15,415 --> 00:41:17,645
Mr. Darnell's home
and workplace have been
775
00:41:17,718 --> 00:41:19,151
searched on three
separate occasions.
776
00:41:19,219 --> 00:41:20,209
When does this stop?
777
00:41:20,288 --> 00:41:22,812
When I'm satisfied all
leads have been exhausted.
778
00:41:22,889 --> 00:41:26,154
I don't take a lot of comfort
from that, Mr. McCoy,
779
00:41:26,460 --> 00:41:28,621
but Mr. Granick, I don't
see where your client's
780
00:41:28,695 --> 00:41:30,526
civil rights
have been violated,
781
00:41:30,597 --> 00:41:32,758
no matter what the A.C.L.
U. May have told you.
782
00:41:32,833 --> 00:41:35,802
With due respect, Your Honor,
you're missing the big picture.
783
00:41:35,869 --> 00:41:38,133
Now Mr. Darnell's name,
address and prison record
784
00:41:38,205 --> 00:41:39,866
have been distributed
throughout his neighborhood
785
00:41:39,940 --> 00:41:42,431
and made available
on a 900 number.
786
00:41:42,809 --> 00:41:44,834
Now, the neighborhood watch,
school boards, women's groups
787
00:41:44,910 --> 00:41:45,934
have all been
notified of the same...
788
00:41:46,011 --> 00:41:49,277
All of which is required under the
Sex Offender Registration Act.
789
00:41:49,349 --> 00:41:51,442
It's a high-tech
scarlet letter.
790
00:41:51,518 --> 00:41:53,349
Now, the state
punished Mr. Darnell once.
791
00:41:53,420 --> 00:41:55,854
It shouldn't have the right to punish
him again for the same crimes.
792
00:41:55,922 --> 00:41:59,152
This is not punishment.
It's fair warning to his neighbors.
793
00:41:59,225 --> 00:42:03,595
Mr. McCoy, my legal sense tells
me you're treading pretty close
794
00:42:03,663 --> 00:42:06,188
to an injudicious use
of prosecutorial power.
795
00:42:06,266 --> 00:42:09,530
I'm simply using the tools the
state has made available to me.
796
00:42:09,602 --> 00:42:13,299
Yes, you are. And I'm gonna be
watching you very carefully.
797
00:42:14,540 --> 00:42:16,668
Mr. Granick, the restraining
order is lifted
798
00:42:16,743 --> 00:42:19,906
and your application for
an injunction is denied.
799
00:42:20,813 --> 00:42:22,781
Step lightly, Mr. McCoy.
800
00:42:25,251 --> 00:42:28,914
"9:00 a.m. Subject exited
premises to purchase a newspaper.
801
00:42:29,456 --> 00:42:32,822
"2:26 p.m. Subject exited
premises for cigarettes.
802
00:42:33,392 --> 00:42:37,192
"2:29 p.m. Subject looked in the
direction of the surveillance car
803
00:42:37,263 --> 00:42:39,527
"and made an
obscene gesture."
804
00:42:39,598 --> 00:42:41,759
At least he's keeping
his sense of humor.
805
00:42:41,934 --> 00:42:42,959
Somebody isn't.
806
00:42:43,036 --> 00:42:46,436
About once a day his daughter
comes by to spit on the car.
807
00:42:46,906 --> 00:42:49,101
I'm sorry she's caught
in the middle of this.
808
00:42:49,175 --> 00:42:51,439
Counselor, this
turning of the screws,
809
00:42:51,510 --> 00:42:53,478
is this an
open-ended arrangement?
810
00:42:53,546 --> 00:42:55,537
That's up to
Mr. Darnell.
811
00:42:56,916 --> 00:42:59,510
The girl told her mother
just a few days ago.
812
00:42:59,585 --> 00:43:00,916
Why did she wait so long?
813
00:43:00,986 --> 00:43:02,214
She didn't want
her mother to know
814
00:43:02,288 --> 00:43:03,778
she'd ditched school that day,
815
00:43:03,856 --> 00:43:06,450
but when she saw the posters,
she recognized Darnell,
816
00:43:06,525 --> 00:43:08,754
decided to do the right thing.
817
00:43:12,131 --> 00:43:15,225
Ms. Ross is from the
district attorney's office.
818
00:43:16,268 --> 00:43:18,793
Why don't you tell
her what happened?
819
00:43:18,871 --> 00:43:21,498
It was last month.
Natalie was home from school.
820
00:43:21,573 --> 00:43:24,304
She was in the kitchen.
She heard noises at the front door.
821
00:43:24,376 --> 00:43:26,037
Natalie, tell her.
822
00:43:26,278 --> 00:43:29,907
Someone was jiggling the lock.
823
00:43:29,982 --> 00:43:31,916
I saw it was that
man through the hole.
824
00:43:32,684 --> 00:43:36,950
He said that the super wanted
him to check the radiators.
825
00:43:37,121 --> 00:43:40,751
He kept asking her to open the door.
Tell them what you said.
826
00:43:40,826 --> 00:43:42,487
I told him that if
he didn't go away,
827
00:43:42,561 --> 00:43:46,326
I'd call the cops.
That scared him off.
828
00:43:47,031 --> 00:43:50,592
It's that man. He's sick.
You gotta put him back in jail.
829
00:43:51,603 --> 00:43:52,935
Thank you.
830
00:43:54,673 --> 00:43:58,403
At the very least, it's attempted trespass.
We can violate Darnell.
831
00:43:58,476 --> 00:44:01,274
And we can have this girl arrested
for impersonating a witness.
832
00:44:01,346 --> 00:44:03,246
She might as well have been
reading off a teleprompter.
833
00:44:03,314 --> 00:44:05,806
Hey, look, McCoy's been
pushing us hard for a break.
834
00:44:05,885 --> 00:44:07,250
This one just walked in.
835
00:44:07,319 --> 00:44:10,879
If he wants to look behind the
curtain, that's up to him.
836
00:44:11,456 --> 00:44:14,152
Check out her story
and get back to me.
837
00:44:15,026 --> 00:44:17,017
The school had a note on
file from the girl's mother
838
00:44:17,095 --> 00:44:19,394
for the same day the girl
claims she ditched school.
839
00:44:19,465 --> 00:44:21,432
It was for a dentist's appointment
she had during lunch.
840
00:44:21,499 --> 00:44:23,057
That note's probably a fake.
841
00:44:23,134 --> 00:44:24,863
The school verified
the mother's signature.
842
00:44:24,936 --> 00:44:26,267
What does
the dentist say?
843
00:44:26,337 --> 00:44:28,601
He confirmed there was
an appointment that day.
844
00:44:28,673 --> 00:44:30,903
So the girl went home
instead of the dentist's.
845
00:44:30,975 --> 00:44:33,409
They seem to remember
she had her cavities filled.
846
00:44:33,478 --> 00:44:34,604
"Seem to remember."
847
00:44:34,679 --> 00:44:35,839
What does the girl say?
848
00:44:35,914 --> 00:44:37,939
She and her mother swear
they changed the appointment,
849
00:44:38,016 --> 00:44:39,984
but I think
it's a non-starter.
850
00:44:40,051 --> 00:44:43,383
Well, if this lie doesn't get Mr.
Darnell out of the neighborhood,
851
00:44:43,453 --> 00:44:45,045
try a lynch mob.
852
00:44:45,122 --> 00:44:46,646
If there's evidence
they're lying,
853
00:44:46,723 --> 00:44:49,420
it's up to Darnell's lawyer
to present it to a jury.
854
00:44:49,494 --> 00:44:51,257
You want to arrest him?
855
00:44:51,329 --> 00:44:52,523
You'll do nothing of the kind.
856
00:44:52,597 --> 00:44:56,123
The girl's story is credible on its face.
My evidentiary burden is met.
857
00:44:56,199 --> 00:44:59,691
I don't care. You can thumb
your nose at a federal judge,
858
00:44:59,770 --> 00:45:01,261
but I won't let
you drag the law
859
00:45:01,339 --> 00:45:03,136
through a sewer to catch a rat.
860
00:45:03,207 --> 00:45:05,937
It's not worth it.
To put him back in his box?
861
00:45:06,010 --> 00:45:08,705
We arrest him now, it'll be six
months before a jury sorts it out.
862
00:45:08,779 --> 00:45:11,805
Stop. Listen to
what you're suggesting.
863
00:45:12,916 --> 00:45:17,945
An arrest you know is false.
The inquisition is over.
864
00:45:24,995 --> 00:45:28,192
I'm sorry, Jack.
I should've kept my mouth shut.
865
00:45:29,067 --> 00:45:31,057
It's okay. He's right.
866
00:45:31,301 --> 00:45:35,260
Mr. McCoy, Detective Briscoe's on line one.
He said it's urgent.
867
00:45:39,276 --> 00:45:40,800
She was on her way
to her apartment
868
00:45:40,877 --> 00:45:42,139
when she saw the door was open.
869
00:45:42,212 --> 00:45:44,806
She heard noises inside,
so she came in.
870
00:45:44,881 --> 00:45:47,247
The baseball bat was
in the umbrella stand.
871
00:45:50,620 --> 00:45:54,249
He was on top of her friend.
He had a knife to her throat,
872
00:45:54,724 --> 00:45:56,818
and that bag over her face.
873
00:45:56,893 --> 00:45:59,361
She took two
major-league swings.
874
00:45:59,429 --> 00:46:01,659
One to the right temple,
one to the forehead.
875
00:46:02,399 --> 00:46:04,264
Her friend's in there.
876
00:46:04,601 --> 00:46:07,899
She's got trauma from the rape
and the partial suffocation.
877
00:46:07,970 --> 00:46:10,201
E.M.S. Says she'll be
all right, considering.
878
00:46:10,273 --> 00:46:13,367
I guess the pressure got to Darnell.
He had no place else to go.
879
00:46:13,443 --> 00:46:15,343
Where is she?
In here.
880
00:46:37,400 --> 00:46:39,596
We'll get her statement
back at the squad room.
881
00:46:39,669 --> 00:46:42,398
Make it painless,
and get her back home.
882
00:46:44,340 --> 00:46:46,968
I'm sorry it had
to happen this way.
883
00:46:47,043 --> 00:46:48,101
Not all that sorry.