1
00:00:01,640 --> 00:00:03,369
<i>In the criminal justice system</i>

2
00:00:03,442 --> 00:00:07,310
<i>the people are represented by two
separate yet equally important groups,</i>

3
00:00:07,379 --> 00:00:09,210
<i>the police
who investigate crime</i>

4
00:00:09,281 --> 00:00:12,045
<i>and the district attorneys
who prosecute the offenders.</i>

5
00:00:12,117 --> 00:00:13,813
<i>These are their stories.</i>

6
00:00:14,520 --> 00:00:16,181
You sure your
brother said Jack's Donuts?

7
00:00:16,322 --> 00:00:18,017
Yes.

8
00:00:18,091 --> 00:00:20,389
Because there's another
donut place over on Hudson.

9
00:00:20,460 --> 00:00:22,087
He picked me up here before.

10
00:00:22,161 --> 00:00:25,892
Actually it's more like a coffee shop.
But they got donuts.

11
00:00:25,965 --> 00:00:29,696
Pat's. Jack's, Pat's.
Kind of sounds alike.

12
00:00:30,336 --> 00:00:33,397
And we're the only places that
are open on Sunday mornings.

13
00:00:33,474 --> 00:00:36,238
Your brother
might've confused them.

14
00:00:36,310 --> 00:00:37,834
Hey, what if he comes?

15
00:00:37,978 --> 00:00:39,536
Tell him I went home.

16
00:00:42,249 --> 00:00:44,683
Pretty girl.
Nice ass.

17
00:00:45,586 --> 00:00:49,522
If I weren't getting married
next week, maybe I'd tag along.

18
00:00:49,590 --> 00:00:51,649
Excuse me, are you
gonna order anything

19
00:00:51,792 --> 00:00:53,885
or just help yourself
to the paper products?

20
00:00:55,263 --> 00:00:57,390
I'll take a coffee to go.

21
00:00:57,966 --> 00:01:00,264
I was married once.
Didn't work, though,

22
00:01:00,335 --> 00:01:02,599
'cause I was hardly ever home.

23
00:01:02,670 --> 00:01:05,070
You think these
donuts make themselves?

24
00:01:05,206 --> 00:01:07,606
5:00 in the morning I gotta be here.

25
00:01:09,043 --> 00:01:10,305
Keep it.

26
00:01:22,024 --> 00:01:26,324
Oh, come on, Matthew, what
are you doing? Oh, God.

27
00:01:27,163 --> 00:01:30,326
Oh, God.
Oh! Matthew!

28
00:01:30,399 --> 00:01:34,927
Oh, God! Somebody help!
Help! Help!

29
00:01:35,271 --> 00:01:37,740
Three to the chest.
No wallet or watch.

30
00:01:37,841 --> 00:01:40,901
We found shells over here,
sent them to the lab.

31
00:01:41,811 --> 00:01:43,904
Robbed while he was
changing the tire.

32
00:01:44,047 --> 00:01:46,174
Two sets of palm
prints on the hubcap.

33
00:01:46,249 --> 00:01:47,739
Looks pretty fresh.

34
00:01:47,884 --> 00:01:49,374
M.E. Says maybe
within the hour.

35
00:01:49,452 --> 00:01:50,749
Who is he?

36
00:01:50,887 --> 00:01:52,184
Matthew Sherman.

37
00:01:52,255 --> 00:01:56,282
Registration shows a Woodmere address.
Guy's sister found him.

38
00:01:56,359 --> 00:01:58,385
They're giving her something
to settle her down.

39
00:01:58,462 --> 00:02:00,794
He's got scraped up knuckles.
Maybe he put up a fight.

40
00:02:00,865 --> 00:02:02,059
And lost.

41
00:02:55,622 --> 00:02:57,453
Matthew was gonna...

42
00:02:57,523 --> 00:03:02,154
He was gonna pick me up at the
donut shop on Washington.

43
00:03:02,229 --> 00:03:04,060
Where were you going?

44
00:03:04,999 --> 00:03:07,559
We were gonna go visit
a friend in Princeton.

45
00:03:07,635 --> 00:03:08,863
When he was half
an hour late, I figured

46
00:03:09,003 --> 00:03:10,265
there'd been
some sort of mix-up,

47
00:03:10,337 --> 00:03:12,737
so I decided to go home.

48
00:03:13,774 --> 00:03:15,241
He...

49
00:03:16,543 --> 00:03:18,067
If he hadn't been
coming to pick me up,

50
00:03:18,145 --> 00:03:19,806
this never would've happened.

51
00:03:19,947 --> 00:03:21,609
Hey, you had
nothing to do with this.

52
00:03:21,683 --> 00:03:24,675
You're not responsible for every
psycho walking the streets.

53
00:03:24,753 --> 00:03:26,516
Did you notice
anyone in the area

54
00:03:26,655 --> 00:03:28,452
before or after you found him?

55
00:03:28,890 --> 00:03:33,384
Um, there was just the donut
shop guy and another customer.

56
00:03:33,461 --> 00:03:35,224
When did the other customer arrive?

57
00:03:35,363 --> 00:03:37,126
Right before I left.

58
00:03:37,198 --> 00:03:38,665
You remember
what he looked like?

59
00:03:38,800 --> 00:03:40,267
What kind of
clothes he was wearing?

60
00:03:40,335 --> 00:03:42,463
Any distinguishing
characteristics?

61
00:03:42,605 --> 00:03:44,732
He was sort of average
looking, you know.

62
00:03:47,677 --> 00:03:52,376
He had jeans on and a windbreaker,
and he was wearing a cross.

63
00:03:52,448 --> 00:03:56,544
You know, it looked
sort of medieval.

64
00:03:57,520 --> 00:03:59,283
Did you talk to him?

65
00:03:59,355 --> 00:04:02,620
Mmm-mmm. I think he just
wanted to clean his hands.

66
00:04:02,758 --> 00:04:05,159
They were covered with grease.

67
00:04:05,228 --> 00:04:07,059
The palm prints they found.

68
00:04:07,197 --> 00:04:09,062
I don't understand.

69
00:04:10,934 --> 00:04:13,300
Why would anyone
want to kill Matthew?

70
00:04:13,437 --> 00:04:15,803
He never hurt anyone.
They got his wallet.

71
00:04:18,241 --> 00:04:19,799
It isn't fair!

72
00:04:21,645 --> 00:04:25,047
How perfect is this?
Cops talking to a donut guy.

73
00:04:25,116 --> 00:04:26,447
Yeah. Tell us about
the customer

74
00:04:26,584 --> 00:04:27,949
who came in just
before the girl left.

75
00:04:28,019 --> 00:04:29,179
The one who cleaned his hands.

76
00:04:29,320 --> 00:04:30,480
Barely a customer.

77
00:04:30,555 --> 00:04:33,615
He takes about 50 napkins,
and then he starts to leave.

78
00:04:33,691 --> 00:04:36,626
Well, after I call him
on it, he orders a coffee,

79
00:04:36,694 --> 00:04:39,788
then thinks he's a big shot
because he tips me a quarter.

80
00:04:39,864 --> 00:04:43,061
What I lost on napkins,
I barely broke even.

81
00:04:45,304 --> 00:04:46,328
Take these down to the lab.

82
00:04:46,472 --> 00:04:47,496
Right.

83
00:04:47,573 --> 00:04:49,302
Did he mention his name or say

84
00:04:49,375 --> 00:04:51,070
where he was coming from or going to?

85
00:04:51,143 --> 00:04:52,974
Nothing except,
"Give me a coffee"

86
00:04:53,045 --> 00:04:54,910
and how if he wasn't
getting married next week,

87
00:04:54,980 --> 00:04:56,948
he'd be putting
the moves on the girl.

88
00:04:57,082 --> 00:04:59,073
Which I thought,
"That was out of line."

89
00:04:59,151 --> 00:05:02,052
But I didn't say anything
because it's not my business.

90
00:05:02,121 --> 00:05:03,986
My business is selling donuts.

91
00:05:04,123 --> 00:05:06,023
Thanks for clearing that up.

92
00:05:07,594 --> 00:05:10,563
Paper's all over this.
"Perfect Son Shot Down."

93
00:05:10,764 --> 00:05:12,391
The kid worked his
way through Princeton,

94
00:05:12,532 --> 00:05:14,159
got some big job
on Wall Street.

95
00:05:14,234 --> 00:05:17,362
He still volunteered three days a
week at some youth center uptown.

96
00:05:17,437 --> 00:05:20,235
That cross everyone saw him wearing?
I checked around.

97
00:05:20,306 --> 00:05:21,603
It's Greek Orthodox.

98
00:05:21,741 --> 00:05:23,038
I don't care if
he's a Buddhist.

99
00:05:23,109 --> 00:05:24,940
Hey, the guy said he
was getting married, right?

100
00:05:25,011 --> 00:05:27,845
So I checked with all the Greek
Orthodox churches in the area.

101
00:05:27,915 --> 00:05:29,348
Four weddings
scheduled this week.

102
00:05:29,483 --> 00:05:30,950
Maybe one of
the priests knows him.

103
00:05:31,018 --> 00:05:32,144
Good. Get on it.

104
00:05:33,087 --> 00:05:34,213
I'll get these circulated.

105
00:05:34,355 --> 00:05:35,481
Just in the neighborhood.

106
00:05:35,556 --> 00:05:37,217
For all we know, this
guy is just a witness.

107
00:05:37,358 --> 00:05:39,053
Hey, this was in
all the papers.

108
00:05:39,126 --> 00:05:41,492
If he's only a witness,
he would've come forward.

109
00:05:44,765 --> 00:05:47,734
Yes, he was here.
Seemed like a nice young man.

110
00:05:47,802 --> 00:05:49,634
Talked about basketball.

111
00:05:49,771 --> 00:05:51,602
You know his name?

112
00:05:51,673 --> 00:05:55,575
We didn't talk more than five minutes.
I'm sure he mentioned it.

113
00:05:55,644 --> 00:05:57,908
Michael something, I think.

114
00:05:57,979 --> 00:06:00,379
This Michael, is he the one
getting married here Saturday?

115
00:06:00,449 --> 00:06:03,441
No. He wanted to, but his
fiancée wasn't of our faith.

116
00:06:05,387 --> 00:06:06,547
Jewish.

117
00:06:07,589 --> 00:06:09,524
Is he a member of your church?

118
00:06:09,659 --> 00:06:11,593
Because his address
would be a big help.

119
00:06:11,661 --> 00:06:13,356
I'd never seen him before.

120
00:06:13,429 --> 00:06:15,863
He said he'd just moved here and
wanted a wedding in our church

121
00:06:15,932 --> 00:06:18,298
because his fiancée
lives in the neighborhood.

122
00:06:18,367 --> 00:06:20,665
Is there a synagogue
in the neighborhood?

123
00:06:20,736 --> 00:06:22,101
Looks like Ruth
Gottlieb's fiancé.

124
00:06:22,238 --> 00:06:23,603
You met him?

125
00:06:23,673 --> 00:06:25,140
They wanted to have
their wedding here,

126
00:06:25,274 --> 00:06:26,741
but I don't perform
interfaith ceremonies.

127
00:06:26,809 --> 00:06:28,276
Do you remember his name?

128
00:06:28,344 --> 00:06:32,475
Yeah. Michael Romak. Bardack.
Something like that.

129
00:06:32,549 --> 00:06:35,109
I'm one of these guys gets
introduced to someone at a party,

130
00:06:35,185 --> 00:06:37,415
five minutes later their
name's a complete mystery.

131
00:06:37,488 --> 00:06:40,218
Well, what about Miss Gottlieb?
Do you know where she lives?

132
00:06:40,290 --> 00:06:43,521
She's an active member.
I'm sure she's in our files.

133
00:06:52,937 --> 00:06:54,529
The landlord sent you?

134
00:06:54,606 --> 00:06:56,233
No, ma'am, we're the police.

135
00:06:59,511 --> 00:07:01,945
I didn't pay the rent
because the damned landlord

136
00:07:02,013 --> 00:07:07,007
won't fix the blinds. They're crooked.
I called four times.

137
00:07:07,085 --> 00:07:09,315
Ma'am, do you know your
neighbor, Ruth Gottlieb?

138
00:07:09,387 --> 00:07:12,220
Never met her.
But I hear through the walls.

139
00:07:12,290 --> 00:07:13,781
Thin walls, huh?

140
00:07:13,859 --> 00:07:17,693
Not thin enough. I have to hold
a glass up to hear anything.

141
00:07:18,531 --> 00:07:20,294
Do you know
where she is now?

142
00:07:21,066 --> 00:07:25,298
Her rehearsal dinner for her wedding.
At Pasta D'oro.

143
00:07:25,371 --> 00:07:27,805
You wouldn't happen to know who
she's marrying, would you?

144
00:07:28,340 --> 00:07:34,337
Mike Bodak. A bellhop.
If you ask me, she could do a lot better.

145
00:07:34,414 --> 00:07:36,211
Thanks for your help.

146
00:07:39,252 --> 00:07:41,311
Sorry, guys,
this is a private party.

147
00:07:41,454 --> 00:07:43,513
We need to talk to Mike Bodak.

148
00:07:43,590 --> 00:07:45,421
Mike, you know these guys?

149
00:07:46,059 --> 00:07:47,048
No.

150
00:07:47,193 --> 00:07:48,182
He says he don't know you.

151
00:07:49,396 --> 00:07:52,923
This is my daughter's rehearsal dinner.
I don't want it disrupted.

152
00:07:52,999 --> 00:07:55,298
Oh, a sergeant with
the Housing Authority.

153
00:07:56,237 --> 00:07:57,204
Raise you, Sarge.

154
00:07:57,271 --> 00:07:58,761
We need
a minute with Mike.

155
00:07:59,974 --> 00:08:01,202
Mike.

156
00:08:05,246 --> 00:08:06,645
These guys are detectives.

157
00:08:06,781 --> 00:08:08,180
Daddy, what's going on?

158
00:08:08,249 --> 00:08:11,810
Why don't we step out
here for a minute, huh?

159
00:08:11,886 --> 00:08:13,786
Stay with your mother.

160
00:08:18,393 --> 00:08:20,384
I'm your witness, Mike.

161
00:08:20,896 --> 00:08:24,764
Mike, we need to know what you
were doing last Sunday morning.

162
00:08:25,300 --> 00:08:26,358
I had brunch at Ruth's.

163
00:08:26,501 --> 00:08:27,593
What about before brunch?

164
00:08:27,669 --> 00:08:30,695
He worked all night.
The kid works his butt off.

165
00:08:30,806 --> 00:08:32,603
I worked the overnight
shift on my job.

166
00:08:32,741 --> 00:08:34,572
I'm a bellman at
the Warren Hotel.

167
00:08:34,643 --> 00:08:36,635
What time did you leave work?

168
00:08:36,779 --> 00:08:38,770
About 9:00.

169
00:08:38,848 --> 00:08:40,281
Helped a guy change a flat.

170
00:08:40,917 --> 00:08:41,941
Went to a donut shop,

171
00:08:42,018 --> 00:08:43,952
and walked over
to Ruth's. That's it.

172
00:08:44,020 --> 00:08:45,487
This about the guy who got shot?

173
00:08:45,622 --> 00:08:47,112
Oh, you know about that, huh?

174
00:08:47,190 --> 00:08:48,350
Saw something in the papers.

175
00:08:48,424 --> 00:08:50,324
And you didn't think it was
worth it to mention to the cops

176
00:08:50,393 --> 00:08:52,918
that you had contact with this
guy just before he was killed?

177
00:08:52,996 --> 00:08:55,191
Well, I didn't see anything.
And between working 16 hours,

178
00:08:55,264 --> 00:08:56,561
and the wedding and...

179
00:08:56,633 --> 00:08:58,124
So you got him for
donut shop patronage

180
00:08:58,268 --> 00:08:59,758
and helping a guy with a flat.

181
00:08:59,837 --> 00:09:01,031
You gonna put in
for a commendation?

182
00:09:01,105 --> 00:09:02,902
Hey, shut up,
Sarge, or we take him

183
00:09:02,973 --> 00:09:04,998
down to the stationhouse right now.

184
00:09:05,376 --> 00:09:07,207
You think I had something
to do with it?

185
00:09:07,277 --> 00:09:09,177
I helped a guy change a tire.

186
00:09:09,246 --> 00:09:10,543
Where'd you get
the money for this?

187
00:09:10,681 --> 00:09:11,978
I'm gonna put it
on my credit card.

188
00:09:12,049 --> 00:09:14,040
Yeah? Well, the restaurant
manager told me

189
00:09:14,184 --> 00:09:16,175
Mike paid him in cash.
480 bucks.

190
00:09:16,253 --> 00:09:20,748
I got a big tip at work.
A Saudi prince took over the whole floor.

191
00:09:21,693 --> 00:09:24,787
All right, we're gonna need
your work and home addresses.

192
00:09:24,863 --> 00:09:25,955
Yeah.

193
00:09:27,465 --> 00:09:30,696
Let's get a couple of
uniforms to sit on this kid.

194
00:09:32,871 --> 00:09:34,202
Yeah, Mike worked Sunday.
Graveyard shift.

195
00:09:34,339 --> 00:09:35,704
What time did he get off?

196
00:09:35,774 --> 00:09:37,969
He was on the clock till
9:00, but he left at 6:00.

197
00:09:38,043 --> 00:09:39,875
How do you know that?
He asked me to punch him out.

198
00:09:39,945 --> 00:09:41,435
He said he had some
business to take care off.

199
00:09:41,514 --> 00:09:42,742
What kind of business?

200
00:09:42,815 --> 00:09:44,544
He's been working
all kinds of jobs,

201
00:09:44,684 --> 00:09:46,447
looking for extra
money for the wedding.

202
00:09:46,519 --> 00:09:48,146
I guess that's what
it was connected to.

203
00:09:48,287 --> 00:09:49,948
Any Saudi princes lately?

204
00:09:50,022 --> 00:09:51,819
Yeah. Nine or
10 months ago.

205
00:09:51,891 --> 00:09:53,722
Laid $50s on all of us.

206
00:09:55,561 --> 00:09:56,721
We got a problem, Mike.

207
00:09:56,796 --> 00:09:58,923
I got a problem, with those
cops you got tailing me.

208
00:09:58,998 --> 00:10:00,728
You mind if we come in?

209
00:10:00,867 --> 00:10:02,630
I gotta go to work.

210
00:10:02,703 --> 00:10:04,671
I don't know, Mike.
From what we hear,

211
00:10:04,805 --> 00:10:06,796
that job of yours has
pretty flexible hours.

212
00:10:06,873 --> 00:10:09,671
Last Sunday, you left
at 6:00, not 9:00.

213
00:10:09,743 --> 00:10:12,644
And that Saudi prince, he was
in town nine months ago.

214
00:10:12,713 --> 00:10:16,979
Let me give you a piece of advice, Mike.
Lying to us is really stupid.

215
00:10:20,187 --> 00:10:23,021
I was gonna call
to explain all that.

216
00:10:23,091 --> 00:10:25,218
Well, it better be
real convincing.

217
00:10:33,601 --> 00:10:36,263
I've been working for a
bookie the last few months.

218
00:10:36,337 --> 00:10:38,305
Answering phones.

219
00:10:38,372 --> 00:10:39,805
I took it to
make some extra cash

220
00:10:39,941 --> 00:10:41,374
to cover the wedding expenses.

221
00:10:41,442 --> 00:10:44,879
I left work last Sunday to
handle early playoff action.

222
00:10:44,947 --> 00:10:46,675
And you didn't
tell us that. Why?

223
00:10:46,814 --> 00:10:48,577
Because you
thought we'd bust you?

224
00:10:48,649 --> 00:10:51,618
Yeah. That and you asked me in
front of Ruth's dad. He's a cop.

225
00:10:51,686 --> 00:10:54,484
I don't think he'd go for his
son-in-law working for a bookie.

226
00:10:54,555 --> 00:10:56,318
In case you forgot, I'm
getting married tonight.

227
00:10:56,390 --> 00:10:58,858
You know, we ran your name
through the computer.

228
00:10:58,926 --> 00:11:02,726
Does Ruth's dad know you were
arrested for auto theft?

229
00:11:02,797 --> 00:11:04,095
When I was 17.

230
00:11:04,166 --> 00:11:07,192
Yeah, but you'd still know
how to unload a fancy car.

231
00:11:07,302 --> 00:11:08,826
Car thieves like empty cars.

232
00:11:08,971 --> 00:11:10,529
Hey, you needed the cash.

233
00:11:10,606 --> 00:11:12,301
You lied to us about
when you left work.

234
00:11:12,441 --> 00:11:14,136
You lied about
working for the bookie.

235
00:11:14,209 --> 00:11:16,541
That's hindering prosecution.
I could arrest you for that right now.

236
00:11:16,612 --> 00:11:18,170
Look, what do you want me
to do, make something up?

237
00:11:18,247 --> 00:11:19,578
I'm telling you
what really happened.

238
00:11:19,715 --> 00:11:21,046
Hey, if that's
what really happened,

239
00:11:21,116 --> 00:11:23,277
then you won't mind us looking
around your place, right, Mike?

240
00:11:27,857 --> 00:11:30,155
Yeah, go ahead, you know.
If it's gonna get rid of you.

241
00:11:30,226 --> 00:11:31,523
I gotta get to work.

242
00:11:31,594 --> 00:11:34,154
You know, those cops
downstairs will be there, too.

243
00:11:36,166 --> 00:11:37,258
Sherman's sister
said he was wearing

244
00:11:37,333 --> 00:11:38,527
a dark blue windbreaker, right?

245
00:11:38,735 --> 00:11:39,724
Yeah.

246
00:11:39,803 --> 00:11:43,068
There's a dark spot right here.
You can hardly see it.

247
00:11:43,139 --> 00:11:45,266
Oh, that could be blood.

248
00:11:45,341 --> 00:11:49,005
I don't like the motive.
He pulls stick-ups but he works two jobs?

249
00:11:49,079 --> 00:11:51,411
You've never had to
impress a fiancée.

250
00:11:51,549 --> 00:11:53,915
Bodak's been
clean for 12 years.

251
00:11:53,984 --> 00:11:55,815
One of the other bellhops
said he promised

252
00:11:55,953 --> 00:11:57,818
his girlfriend
a honeymoon in Hawaii.

253
00:11:57,888 --> 00:12:01,517
Now, I think he looked at Sherman
and saw two tickets to Maui.

254
00:12:01,592 --> 00:12:04,652
Home run on the jacket.
It's Sherman's blood type.

255
00:12:17,542 --> 00:12:19,100
What the hell is this?
I answered your questions.

256
00:12:19,177 --> 00:12:20,940
You're under arrest for the
murder of Matthew Sherman.

257
00:12:21,012 --> 00:12:22,240
What?
You want to step outside

258
00:12:22,314 --> 00:12:23,906
so we don't have to
embarrass your guests?

259
00:12:23,982 --> 00:12:25,711
I thought you took care
of this, Mike. I did.

260
00:12:25,784 --> 00:12:26,944
So what's going on here?
Mike?

261
00:12:27,018 --> 00:12:28,043
We're making an arrest.

262
00:12:28,120 --> 00:12:29,087
What is this?

263
00:12:29,155 --> 00:12:30,213
This is our wedding.

264
00:12:30,289 --> 00:12:31,278
It's some kind
of mix-up, honey.

265
00:12:31,357 --> 00:12:33,257
You have the right to remain silent.
I'll be back in an hour.

266
00:12:33,326 --> 00:12:34,520
Anything you say
can and will be used

267
00:12:34,594 --> 00:12:35,754
against you in a court of law.

268
00:12:36,362 --> 00:12:37,590
You couldn't wait, could you?

269
00:12:37,663 --> 00:12:39,460
You couldn't wait three hours
till the reception was over.

270
00:12:39,532 --> 00:12:41,261
You ruined my
wedding for nothing.

271
00:12:41,334 --> 00:12:43,302
Matthew Sherman isn't
gonna have a wedding,

272
00:12:43,369 --> 00:12:45,803
or a reception,
or anything else.

273
00:12:47,240 --> 00:12:49,573
Did I piss someone off around here?

274
00:12:49,643 --> 00:12:53,409
The blood on your jacket is
type AB, just like Sherman's.

275
00:12:53,480 --> 00:12:56,347
We checked your marriage license.
You're type O.

276
00:12:58,619 --> 00:13:00,211
Maybe I brushed up against him

277
00:13:00,354 --> 00:13:01,946
when we were loosening the lug nuts.

278
00:13:02,022 --> 00:13:03,250
I think he cut himself.

279
00:13:03,390 --> 00:13:04,618
That's one explanation.

280
00:13:04,691 --> 00:13:05,988
Then there's one
that makes sense.

281
00:13:06,126 --> 00:13:07,423
Hey, if something
made you do it,

282
00:13:07,494 --> 00:13:11,454
if it was an accident, if the gun
went off by itself, whatever,

283
00:13:11,532 --> 00:13:13,432
you're a lot better
off giving us a reason.

284
00:13:13,501 --> 00:13:17,494
Otherwise, you'll never spend another
night with that fiancée of yours.

285
00:13:17,572 --> 00:13:21,030
Look, we know you were at the crime
scene, we know you needed the cash.

286
00:13:21,109 --> 00:13:22,667
The victim's blood
is on your jacket.

287
00:13:22,744 --> 00:13:25,907
In the homicide business, that's
like finding the Holy Grail.

288
00:13:27,048 --> 00:13:31,076
I'm in here, and the real murderer,
he's walking the streets.

289
00:13:31,153 --> 00:13:33,849
If you know who
did it, we're all ears.

290
00:13:36,358 --> 00:13:38,019
I didn't think so.

291
00:13:43,299 --> 00:13:47,292
There was another guy.
I passed a guy about half way down the block

292
00:13:47,369 --> 00:13:49,360
from where I left the car.
A Puerto Rican guy.

293
00:13:49,438 --> 00:13:52,704
Yeah, that's how we solve homicides, too.
Nearest Puerto Rican did it.

294
00:13:52,776 --> 00:13:55,267
Look, I don't know
if he did it.

295
00:13:55,345 --> 00:13:58,473
But I passed him right after I
left, and he looked kind of scary.

296
00:13:58,548 --> 00:14:00,948
Hey, this is New York.
Everybody looks scary.

297
00:14:02,185 --> 00:14:06,121
He looked at me, you know,
like he was sizing me up.

298
00:14:06,656 --> 00:14:10,922
And he had a tattoo on
his hand like a dragon.

299
00:14:10,994 --> 00:14:12,895
Yeah, the old sizing up look.

300
00:14:21,539 --> 00:14:25,566
I'll put out an APB on scary Puerto Ricans.
He give you anything else?

301
00:14:25,643 --> 00:14:26,667
Not yet.

302
00:14:26,777 --> 00:14:28,870
Then probably not ever.
His lawyer's here.

303
00:14:29,080 --> 00:14:30,638
He waived his right to counsel.

304
00:14:30,781 --> 00:14:32,373
They brought him.

305
00:14:33,250 --> 00:14:34,775
In-laws.

306
00:14:35,020 --> 00:14:36,419
No wonder you're divorced.

307
00:14:36,788 --> 00:14:38,847
Get a warrant for
Bodak's work locker

308
00:14:38,924 --> 00:14:41,085
and the bookie joint
where he moonlights.

309
00:14:46,832 --> 00:14:47,821
Who is it?
Police.

310
00:14:47,899 --> 00:14:49,298
Open the door or
we bust it down.

311
00:14:49,434 --> 00:14:50,833
Yeah, wait a minute.

312
00:14:50,902 --> 00:14:52,893
If I smell burning flash
paper, you're going to jail.

313
00:14:52,971 --> 00:14:54,165
Open the door.

314
00:14:55,274 --> 00:14:57,105
Hey, whoa, guys.
Look, I just answer

315
00:14:57,243 --> 00:14:59,108
the phones around
here, all right?

316
00:14:59,178 --> 00:15:02,511
So answer it.
Answer the phone!

317
00:15:04,283 --> 00:15:05,375
Hello.

318
00:15:06,886 --> 00:15:09,081
Yeah, the Knicks are
getting five and a half,

319
00:15:09,155 --> 00:15:11,180
Heat are getting four,
the Yankees are six to five.

320
00:15:11,257 --> 00:15:13,919
Hey, look, guys, I swear,
I just answer the phones...

321
00:15:13,993 --> 00:15:15,358
Turn around and face the wall.

322
00:15:15,428 --> 00:15:17,021
Mike Bodak work here?
Yeah.

323
00:15:17,097 --> 00:15:18,894
You ever hear about him
pulling any stick-ups?

324
00:15:18,966 --> 00:15:20,763
Mike? No.

325
00:15:20,834 --> 00:15:22,699
Did he mention any cash
he came into recently?

326
00:15:22,770 --> 00:15:24,635
Well, you know, we all
got bonuses around here.

327
00:15:24,705 --> 00:15:26,195
Five hundred a piece,
after my boss

328
00:15:26,340 --> 00:15:27,830
cleaned up on
the De La Hoya fight.

329
00:15:27,908 --> 00:15:29,535
Oh, yeah?
Who's your boss?

330
00:15:29,610 --> 00:15:31,544
Who's your boss?

331
00:15:31,678 --> 00:15:33,646
Ray. Okay?
Ray D'A ntoni.

332
00:15:33,714 --> 00:15:35,238
Bodak ever carry a gun?

333
00:15:36,550 --> 00:15:37,540
No.

334
00:15:39,721 --> 00:15:43,623
Yeah. The Hawks?
Plus two.

335
00:15:43,691 --> 00:15:45,716
Yeah, you got it.
Five times, right.

336
00:15:45,994 --> 00:15:47,689
You don't mind if we look
around here, do you?

337
00:15:47,762 --> 00:15:50,856
Look, could you guys please
try not to damage the phones?

338
00:15:50,932 --> 00:15:53,560
I could get in a lot
of trouble around here.

339
00:15:53,635 --> 00:15:56,035
Boy, that was easy.
This belong to you?

340
00:15:56,104 --> 00:15:57,594
I swear, I've never seen it.

341
00:15:57,740 --> 00:15:59,264
What's your name?

342
00:15:59,341 --> 00:16:00,308
I'm Miles.

343
00:16:00,376 --> 00:16:01,536
We're going to have
to arrest you, Miles.

344
00:16:01,610 --> 00:16:03,271
Yes, sir.
I understand, but...

345
00:16:03,412 --> 00:16:05,073
I'll notify Bronx Vice.

346
00:16:05,147 --> 00:16:06,614
You have the
right to remain silent...

347
00:16:06,682 --> 00:16:09,981
The Knicks plus five and a half?
I'd be all over that.

348
00:16:11,387 --> 00:16:12,718
Bad news from ballistics.

349
00:16:12,788 --> 00:16:14,881
That gun isn't
the murder weapon.

350
00:16:14,957 --> 00:16:16,720
So we've got no murder weapon,

351
00:16:16,792 --> 00:16:19,762
none of the victim's possessions
were in Bodak's apartment,

352
00:16:19,830 --> 00:16:21,661
and there's a good explanation

353
00:16:21,798 --> 00:16:23,629
why he had cash on
him after the murder.

354
00:16:23,700 --> 00:16:25,429
Not exactly air-tight.

355
00:16:25,502 --> 00:16:27,333
I've been going over these
Neighborhood Watch reports

356
00:16:27,404 --> 00:16:29,998
from the area of the shooting.
A couple of weeks ago,

357
00:16:30,073 --> 00:16:33,099
a dry cleaner thought he
saw a woman being robbed.

358
00:16:33,176 --> 00:16:36,270
No police report was filed,
but the MO's pretty similar.

359
00:16:36,446 --> 00:16:39,883
A woman came into my shop
to call the Auto Club

360
00:16:39,951 --> 00:16:42,078
because her Mercedes had broken down.

361
00:16:42,153 --> 00:16:44,246
After she returned
to her automobile,

362
00:16:44,322 --> 00:16:49,692
I saw a man leave the pharmacy right
there, and accost this polite lady.

363
00:16:49,760 --> 00:16:51,887
This man, what did he look like?

364
00:16:51,963 --> 00:16:52,987
I didn't get much of a look.

365
00:16:53,064 --> 00:16:56,261
Average height, unshaven.

366
00:16:56,334 --> 00:16:57,562
Possibly Hispanic.

367
00:16:59,170 --> 00:17:01,105
Did he have a tattoo?

368
00:17:01,240 --> 00:17:03,174
I wasn't close enough to see.

369
00:17:03,242 --> 00:17:05,039
What did he do to the woman?

370
00:17:05,110 --> 00:17:08,341
I saw him wave a pistol.
I was about to call the police,

371
00:17:08,413 --> 00:17:10,881
when the truck arrived
and the man ran off.

372
00:17:11,016 --> 00:17:13,484
The woman looked
very frightened.

373
00:17:13,552 --> 00:17:15,247
I think it's outrageous
the Auto Club

374
00:17:15,387 --> 00:17:17,082
would give out my
name and address.

375
00:17:17,156 --> 00:17:20,216
Well, they were just trying to
be good citizens, Ms. Watts,

376
00:17:20,292 --> 00:17:22,420
as we'd like you to be.

377
00:17:22,562 --> 00:17:24,723
Well, I don't know
what I can tell you.

378
00:17:24,797 --> 00:17:27,231
Some degenerate came up to
me, waved a gun in my face,

379
00:17:27,300 --> 00:17:29,063
and demanded my
watch and wallet,

380
00:17:29,202 --> 00:17:30,965
which I was fully
prepared to surrender.

381
00:17:31,037 --> 00:17:32,402
That's when the tow truck arrived.

382
00:17:32,472 --> 00:17:33,769
And this guy took off?

383
00:17:33,840 --> 00:17:37,332
Yes. As soon as he grabbed the
Gucci sunglasses off my head.

384
00:17:37,443 --> 00:17:39,411
And you didn't think
it was worth reporting?

385
00:17:40,079 --> 00:17:41,774
So I could spend
hours in a courtroom?

386
00:17:41,848 --> 00:17:44,977
Make myself vulnerable
to all kinds of retribution?

387
00:17:45,052 --> 00:17:46,178
For a pair of sunglasses?

388
00:17:46,253 --> 00:17:47,914
Do you remember what
this guy looked like?

389
00:17:48,055 --> 00:17:49,716
Clothes,
distinguishing features?

390
00:17:49,790 --> 00:17:51,815
Well, he was unwashed.

391
00:17:51,892 --> 00:17:55,885
And he had a vile tattoo on his hand.
Some sort of lizard.

392
00:17:55,963 --> 00:17:58,830
Yeah, he came in last Friday morning.
Puerto Rican.

393
00:17:58,899 --> 00:18:00,992
He spoke English pretty good,
but prescription medicine

394
00:18:01,068 --> 00:18:02,660
must've been a term
he didn't understand.

395
00:18:02,803 --> 00:18:04,431
He wanted a prescription filled?

396
00:18:04,506 --> 00:18:06,599
Well, he brings in
a Percodan vial

397
00:18:06,741 --> 00:18:08,868
from the Bellevue ER
issued the day before.

398
00:18:08,944 --> 00:18:10,377
It says "no refills"
right on the label,

399
00:18:10,512 --> 00:18:11,979
but then he starts
giving me some bull

400
00:18:12,047 --> 00:18:14,845
about how they said he could get
more pills if he was still in pain.

401
00:18:14,916 --> 00:18:16,645
Do you remember his
name or his address?

402
00:18:16,718 --> 00:18:18,982
Well, if he'd been a potential
customer, I would've.

403
00:18:19,054 --> 00:18:21,454
But this guy, I never
wanted to see him again.

404
00:18:24,961 --> 00:18:29,489
Found it. A Ricardo Garcia was
prescribed 10 tablets of Percodan

405
00:18:29,565 --> 00:18:30,998
on the 23rd of last month.

406
00:18:31,133 --> 00:18:32,566
You got an address on that?

407
00:18:32,635 --> 00:18:34,330
"NA." That's
"Not Available."

408
00:18:34,403 --> 00:18:35,370
Thanks for the explanation.

409
00:18:35,438 --> 00:18:36,530
Does that mean he's homeless?

410
00:18:36,606 --> 00:18:38,665
Maybe. Or he didn't want
to give out his address,

411
00:18:38,741 --> 00:18:42,268
or the doctor was too busy to get it.
Take your pick.

412
00:18:42,345 --> 00:18:44,176
Who wrote the prescription?

413
00:18:44,313 --> 00:18:46,145
Dr. Marienthal.

414
00:18:47,217 --> 00:18:48,241
Dr. Marienthal?

415
00:18:48,385 --> 00:18:49,409
You'll have to wait your turn.

416
00:18:49,486 --> 00:18:51,784
I have a stab wound coming in.
Talk to the triage.

417
00:18:51,855 --> 00:18:53,254
Well, until your
stab wound arrives,

418
00:18:53,323 --> 00:18:55,484
maybe we could ask you
a couple of questions.

419
00:18:56,326 --> 00:18:57,293
It can't wait till
the end of my shift?

420
00:18:57,427 --> 00:18:58,416
When's that?

421
00:18:58,495 --> 00:18:59,519
Day after tomorrow.

422
00:18:59,596 --> 00:19:03,327
Doctor, that man with the
cucumber problem is back.

423
00:19:03,400 --> 00:19:04,560
Put him in Two.

424
00:19:04,701 --> 00:19:05,895
On the 23rd, you
issued a prescription

425
00:19:05,969 --> 00:19:07,699
for Percodan to
a Ricardo Garcia.

426
00:19:07,772 --> 00:19:09,569
Don't tell me, he sold
it on the street.

427
00:19:09,707 --> 00:19:11,538
I'll tell you
something, gentlemen.

428
00:19:11,609 --> 00:19:13,474
As long as drug
addicts walk in here

429
00:19:13,611 --> 00:19:15,511
and get treated for
made-up symptoms...

430
00:19:15,580 --> 00:19:19,414
Save the sermon, Doc.
This guy may have killed somebody.

431
00:19:19,484 --> 00:19:20,678
You remember
anything about him?

432
00:19:20,818 --> 00:19:22,046
I wish I could help.

433
00:19:22,120 --> 00:19:23,781
You know how many guys like
him I treat every day?

434
00:19:23,855 --> 00:19:26,289
Tall? Short?
Fat? Thin? What?

435
00:19:27,492 --> 00:19:31,190
Guy came in about that time who
presented with terrible stomach cramps.

436
00:19:31,263 --> 00:19:33,891
Hispanic, with a big serpent
tattooed on his hand.

437
00:19:33,966 --> 00:19:35,024
Couldn't find anything
wrong with him.

438
00:19:35,167 --> 00:19:36,225
He give you an address?

439
00:19:36,302 --> 00:19:37,963
Mention where he lived?

440
00:19:38,103 --> 00:19:39,798
He said he was in
too much pain to talk.

441
00:19:40,272 --> 00:19:42,502
Bellevue ER issued a
prescription for Percodan

442
00:19:42,574 --> 00:19:44,633
to a walk-in
named Ricky Garcia.

443
00:19:44,710 --> 00:19:46,337
Tell you what, I'll
call the first 1,000

444
00:19:46,478 --> 00:19:48,139
Ricky Garcia's
in the phone book,

445
00:19:48,247 --> 00:19:49,681
you call the second 1,000.

446
00:19:49,749 --> 00:19:52,877
Whoa, whoa. Only five Garcias
got arrested this week.

447
00:19:52,952 --> 00:19:56,888
Now, one, Ricardo, for shoplifting
six blocks from the murder,

448
00:19:56,956 --> 00:19:59,083
and two blocks from
where Virginia Watts

449
00:19:59,225 --> 00:20:01,386
got her $300 Gucci
sunglasses ripped off.

450
00:20:01,461 --> 00:20:03,691
Garcia's being arraigned
this afternoon.

451
00:20:03,763 --> 00:20:05,628
Grab him and stick
him in a line-up.

452
00:20:05,765 --> 00:20:07,665
I'll get a warrant
for his place.

453
00:20:09,736 --> 00:20:11,136
Where's Garcia?
Gone.

454
00:20:11,205 --> 00:20:12,433
The sergeant down
at the holding cell

455
00:20:12,573 --> 00:20:13,835
thinks he was sent up earlier.

456
00:20:13,908 --> 00:20:17,571
Oh, great. Now we gotta hope Garcia
volunteers to stand in a line-up.

457
00:20:17,645 --> 00:20:18,907
Lennie.

458
00:20:18,979 --> 00:20:21,209
Two screw-ups in one day?
They trying for a record?

459
00:20:21,282 --> 00:20:22,476
You're supposed
to bring Ms. Watts

460
00:20:22,616 --> 00:20:23,844
down to the stationhouse.
What happened?

461
00:20:23,918 --> 00:20:24,907
Well, the message I got was to

462
00:20:24,985 --> 00:20:25,974
bring her here
and find you guys.

463
00:20:26,053 --> 00:20:27,247
Ms. Watts,
I apologize.

464
00:20:27,355 --> 00:20:28,686
You weren't supposed
to be brought down here.

465
00:20:28,756 --> 00:20:30,053
We wanted you to
view a line-up...

466
00:20:30,124 --> 00:20:31,456
That's him!

467
00:20:32,527 --> 00:20:37,590
Stay with her. Ricky Garcia,
you're under arrest for robbery.

468
00:20:37,666 --> 00:20:39,964
I just posted bail.
What was the $50 for?

469
00:20:40,035 --> 00:20:42,003
Something else.
Let's go.

470
00:20:48,610 --> 00:20:50,305
Police! Put your
hands over your head.

471
00:20:50,379 --> 00:20:51,368
You live there?

472
00:20:51,446 --> 00:20:52,379
Yeah, but I didn't do nothing.

473
00:20:52,448 --> 00:20:54,507
Keep your hands on the wall.
You got ID?

474
00:20:56,452 --> 00:20:58,147
"Tony Garcia."
You related to Ricky?

475
00:20:58,221 --> 00:20:59,848
I'm his brother.

476
00:20:59,922 --> 00:21:01,321
Is this because of Ricky?

477
00:21:01,391 --> 00:21:04,724
How come Tony Garcia has the initials M.
S. On his wallet?

478
00:21:04,794 --> 00:21:06,421
Ricky gave me that.

479
00:21:06,562 --> 00:21:08,189
He tell you where he got it?

480
00:21:08,264 --> 00:21:11,131
Hey, look, I don't know.
I saw it and he gave it to me.

481
00:21:11,234 --> 00:21:13,135
It's kind of like rent 'cause I'm
letting him stay in my place.

482
00:21:13,203 --> 00:21:15,000
All right, Tony, you're gonna
go down to the stationhouse.

483
00:21:15,072 --> 00:21:17,040
But first, let us in.
We got a warrant.

484
00:21:17,107 --> 00:21:19,701
Unless you want us to
break the door down.

485
00:21:19,777 --> 00:21:20,971
What did Ricky do?

486
00:21:21,111 --> 00:21:22,339
You tell me.

487
00:21:22,413 --> 00:21:23,573
We'll start with last Sunday.

488
00:21:23,647 --> 00:21:24,875
Maybe you were with him?

489
00:21:24,948 --> 00:21:26,939
No, I was sleeping.
I don't know where he was.

490
00:21:27,017 --> 00:21:29,383
Look what the criminal genius
had under his mattress.

491
00:21:29,453 --> 00:21:30,943
Hey, that isn't mine.
I believe you.

492
00:21:31,021 --> 00:21:32,682
But we'll check the
prints just to make sure.

493
00:21:32,823 --> 00:21:34,519
And this in his closet.

494
00:21:38,963 --> 00:21:41,727
You know that phrase,
"Hindsight's 20-20"?

495
00:21:41,800 --> 00:21:43,461
It means if you could do
some things over again,

496
00:21:43,535 --> 00:21:45,799
you'd probably
do them differently.

497
00:21:45,870 --> 00:21:47,531
I took the sunglasses, okay?

498
00:21:47,672 --> 00:21:49,333
Like you'd
probably dump the gun.

499
00:21:49,407 --> 00:21:52,467
And you'd take a closer look at your
socks and see the blood on them.

500
00:21:52,544 --> 00:21:55,514
And you definitely wouldn't have
paid your rent in stolen property.

501
00:21:55,581 --> 00:21:56,741
I don't know what
you're talking about.

502
00:21:56,816 --> 00:21:57,908
You know what?

503
00:21:57,983 --> 00:21:59,883
We don't have to play
any more games with you.

504
00:21:59,952 --> 00:22:02,785
We just got all kinds of results
back from the lab, Ricky.

505
00:22:02,855 --> 00:22:04,720
That gun?
That's the murder weapon,

506
00:22:04,790 --> 00:22:06,587
and your prints
are all over it.

507
00:22:06,659 --> 00:22:08,752
Your sock has Matthew
Sherman's blood on it,

508
00:22:08,828 --> 00:22:12,093
and they lifted his prints
and yours off that wallet.

509
00:22:12,164 --> 00:22:15,531
Yeah, that's right.

510
00:22:18,205 --> 00:22:20,298
So you want to tell us
what happened now, Ricky?

511
00:22:20,373 --> 00:22:22,204
If you tell us,
and I mean a full statement,

512
00:22:22,275 --> 00:22:25,176
we can probably get the D.A.
To back off that death penalty request.

513
00:22:25,245 --> 00:22:27,873
If you don't, you go on
trial and get a conviction,

514
00:22:27,948 --> 00:22:31,281
and get a lethal injection.
Either arm. They don't care.

515
00:22:32,018 --> 00:22:33,178
You don't understand, man.

516
00:22:33,253 --> 00:22:34,914
You know, maybe the
needle's the way to go.

517
00:22:34,988 --> 00:22:37,787
I mean, 20, 30 years in prison,
that's gotta be tough.

518
00:22:38,259 --> 00:22:40,022
I didn't mean it to
happen like it did, man.

519
00:22:40,161 --> 00:22:41,958
How did you mean
for it to happen?

520
00:22:42,029 --> 00:22:44,020
The dude, man, he wouldn't
give me his watch.

521
00:22:44,098 --> 00:22:45,929
If he gives me
the watch, I'm gone.

522
00:22:46,000 --> 00:22:47,968
So since he wouldn't give you
his watch, you shot him?

523
00:22:48,035 --> 00:22:49,093
Is that how it happened?

524
00:22:49,170 --> 00:22:50,194
I didn't mean to, man.
I swear.

525
00:22:50,271 --> 00:22:53,604
Okay, I want you to write
down exactly what happened,

526
00:22:53,674 --> 00:22:56,666
and date and sign
the bottom of each page.

527
00:22:59,781 --> 00:23:02,443
Can I say how I
didn't mean to do it?

528
00:23:02,518 --> 00:23:03,780
You mean, how you only shot him

529
00:23:03,919 --> 00:23:05,181
'cause he wouldn't
give you his watch?

530
00:23:05,254 --> 00:23:07,848
Yeah, yeah.
The D.A. Will like that.

531
00:23:13,529 --> 00:23:15,326
Garcia's a junkie
and a two-bit thief.

532
00:23:15,464 --> 00:23:17,261
He's got three arrests,
no convictions.

533
00:23:17,332 --> 00:23:18,856
A very thorough confession.

534
00:23:19,002 --> 00:23:20,560
Hey, he's the guy.

535
00:23:20,637 --> 00:23:24,767
So was Bodak.
Let's get him back to his fiancée.

536
00:23:24,841 --> 00:23:26,775
I'll arrange the release.

537
00:23:26,910 --> 00:23:28,878
Our trial prep
just got a lot easier.

538
00:23:30,380 --> 00:23:32,314
Mr. Bodak, we're very sorry
about what happened.

539
00:23:32,382 --> 00:23:33,849
Save it. We're not
gonna be friends.

540
00:23:33,917 --> 00:23:36,715
We expedited your release three hours after Mr.
Garcia confessed.

541
00:23:36,786 --> 00:23:38,879
I've been in
jail for three days.

542
00:23:38,955 --> 00:23:42,414
You want to make me feel
good, leave me alone.

543
00:23:42,493 --> 00:23:44,893
You owe him a lot
more than an apology.

544
00:23:44,962 --> 00:23:46,589
Mike Bodak wasn't
just wrongly accused.

545
00:23:46,730 --> 00:23:48,357
We can't just un-ring
the bell, Mr. Joosten.

546
00:23:48,432 --> 00:23:51,765
He was humiliated in front of
his future wife and family.

547
00:23:51,835 --> 00:23:54,030
We both know that
wasn't necessary.

548
00:23:55,940 --> 00:23:58,306
And we thought everything
was working out so well.

549
00:23:59,643 --> 00:24:01,976
He'll get over it.

550
00:24:02,047 --> 00:24:07,314
Now for the bad news.
Garcia's attorney's trying to suppress the ID.

551
00:24:07,385 --> 00:24:09,910
We have a meeting with
Judge lannello tomorrow.

552
00:24:11,389 --> 00:24:13,516
This was no
line-up, it was a setup.

553
00:24:13,592 --> 00:24:15,219
An arranged
confrontation between

554
00:24:15,360 --> 00:24:17,021
their witness and my
client in a courtroom.

555
00:24:17,095 --> 00:24:19,791
The observation was
completely accidental, Your Honor.

556
00:24:19,864 --> 00:24:22,060
<i>I refer you to
People v. Diaz.</i>

557
00:24:22,134 --> 00:24:24,034
An accidental ID
in a police station

558
00:24:24,170 --> 00:24:26,070
was ruled unavoidable and admissible.

559
00:24:26,138 --> 00:24:27,230
Well, this was avoidable.

560
00:24:27,306 --> 00:24:29,501
The police had no reason to bring
the witness to the courthouse.

561
00:24:29,575 --> 00:24:31,042
It was a good faith mistake.

562
00:24:31,177 --> 00:24:32,644
Maybe. Maybe not.

563
00:24:32,712 --> 00:24:34,805
They prejudiced their
witness against my client.

564
00:24:34,880 --> 00:24:37,144
She saw him coming out of a
criminal courthouse with a lawyer.

565
00:24:37,216 --> 00:24:39,275
She couldn't help assume
that he was a criminal.

566
00:24:39,352 --> 00:24:41,115
It wasn't written
on his forehead.

567
00:24:41,187 --> 00:24:43,816
An unshaven Hispanic male
in jeans and an Army jacket

568
00:24:43,890 --> 00:24:46,916
talking to a white man in a suit.
The implication is obvious.

569
00:24:46,994 --> 00:24:49,622
He's right, Mr. McCoy.
The ID's tainted.

570
00:24:49,696 --> 00:24:52,392
Your officers should have
exercised more care.

571
00:24:52,466 --> 00:24:54,434
Your Honor, the warrant to
search my client's apartment

572
00:24:54,501 --> 00:24:56,025
was predicated on that ID.

573
00:24:56,103 --> 00:24:58,298
Yes, the evidence seized
there is out as well.

574
00:24:58,372 --> 00:25:01,500
That's a gun, bloody
sock and a wallet.

575
00:25:01,575 --> 00:25:05,137
The wallet was found on Mr.
Garcia's brother outside the apartment.

576
00:25:05,213 --> 00:25:08,774
Mr. Garcia has no standing to
object to a search of his brother.

577
00:25:08,850 --> 00:25:11,512
That's one for you, Mr.
McCoy. The wallet's in.

578
00:25:11,586 --> 00:25:13,178
There's still the
confession, Your Honor.

579
00:25:13,254 --> 00:25:14,482
If my client
hadn't been confronted

580
00:25:14,622 --> 00:25:15,850
with the illegally
seized evidence,

581
00:25:15,923 --> 00:25:17,254
he never would have confessed.

582
00:25:17,392 --> 00:25:18,723
<i>Your Honor,
under Frazier v. Cupp,</i>

583
00:25:18,793 --> 00:25:20,693
the police are permitted to lie

584
00:25:20,828 --> 00:25:22,762
to a suspect to
extract a confession.

585
00:25:22,830 --> 00:25:24,958
To exclude a confession
based on the truth...

586
00:25:25,034 --> 00:25:26,296
Well, then they
should have lied

587
00:25:26,435 --> 00:25:27,732
instead of violating
my client's rights.

588
00:25:27,803 --> 00:25:29,498
I'm afraid Mr.
Shuman's right.

589
00:25:29,638 --> 00:25:31,333
I'm going to
have to suppress it.

590
00:25:31,407 --> 00:25:32,704
I'm due in court.

591
00:25:32,841 --> 00:25:34,172
Oh, there's one
other thing, Your Honor.

592
00:25:34,276 --> 00:25:35,538
What, Mr. Shuman?

593
00:25:35,611 --> 00:25:37,875
My client's sitting in Rikers.
All they have is a wallet.

594
00:25:37,946 --> 00:25:39,345
It's not enough to
sustain murder two.

595
00:25:39,415 --> 00:25:40,746
We're developing
other evidence.

596
00:25:40,816 --> 00:25:43,785
Well, when you do you can
re-arrest Mr. Garcia.

597
00:25:43,852 --> 00:25:47,289
For now, the charges
against him are dismissed.

598
00:25:47,357 --> 00:25:49,689
Cops blew it.
Won't be the last time.

599
00:25:49,759 --> 00:25:53,422
Get an ID from the dry cleaner
or the pharmacist or both.

600
00:25:53,496 --> 00:25:55,123
The pharmacist is on
a cruise for two weeks,

601
00:25:55,265 --> 00:25:56,926
the dry cleaner
couldn't pick him out,

602
00:25:57,000 --> 00:25:58,126
and the doctor who treated him

603
00:25:58,268 --> 00:25:59,428
doesn't remember
what he looked like.

604
00:25:59,502 --> 00:26:01,060
Our only shot is Bodak.

605
00:26:01,204 --> 00:26:02,762
Bodak saw Garcia?

606
00:26:02,839 --> 00:26:03,897
During the second interview,

607
00:26:03,973 --> 00:26:05,634
Bodak said he passed a Latino

608
00:26:05,709 --> 00:26:08,304
right after he left Sherman.

609
00:26:08,379 --> 00:26:11,143
You didn't have him look at
Garcia before he was released?

610
00:26:11,215 --> 00:26:13,979
We had incriminating physical
evidence and a confession.

611
00:26:14,051 --> 00:26:17,145
And now you have neither.
Better find Mr. Bodak.

612
00:26:19,356 --> 00:26:22,848
Mr. Bodak, if you can identify
this man, we can re-arrest him.

613
00:26:22,927 --> 00:26:25,191
Two days out of jail, and you
want me to save your ass?

614
00:26:26,931 --> 00:26:28,991
Tell your bosses it'll be 20 years
before I owe them anything.

615
00:26:29,101 --> 00:26:31,092
You don't owe them.
And since you barely knew Matthew Sherman,

616
00:26:31,169 --> 00:26:32,397
I guess you
don't owe him either.

617
00:26:32,504 --> 00:26:33,801
Hey, who owes me,
Ms. Ross?

618
00:26:33,872 --> 00:26:35,169
You act like that
other stuff never happened.

619
00:26:35,240 --> 00:26:36,332
I'm sorry.

620
00:26:36,408 --> 00:26:38,035
Yeah, you're real good
at that, saying you're sorry.

621
00:26:38,110 --> 00:26:39,600
I actually do feel
sorry for you.

622
00:26:39,678 --> 00:26:41,202
A decent guy who got screwed.

623
00:26:41,279 --> 00:26:43,406
But when a decent
guy has the opportunity

624
00:26:43,548 --> 00:26:45,675
to put a killer
behind bars, he stands up.

625
00:26:52,925 --> 00:26:54,392
I guess you two have met.

626
00:26:54,460 --> 00:26:57,020
Listen, what happened
before was nothing personal.

627
00:26:57,096 --> 00:26:58,723
The photo array is all set up.

628
00:26:58,798 --> 00:27:00,459
If there's any way we
can make it up to you...

629
00:27:00,533 --> 00:27:01,898
You've done enough already.

630
00:27:02,034 --> 00:27:03,433
We're going to
show you six photos.

631
00:27:03,503 --> 00:27:05,266
You see the guy who passed
you on Greenwich Street,

632
00:27:05,338 --> 00:27:07,272
you point to him, all right?

633
00:27:11,378 --> 00:27:12,572
That's him.
Number One?

634
00:27:12,646 --> 00:27:14,671
You sure?
Yup. Absolutely.

635
00:27:19,219 --> 00:27:20,686
Whoa, whoa...

636
00:27:20,821 --> 00:27:22,288
Fellows, relax, man.
I ain't going nowhere.

637
00:27:22,356 --> 00:27:23,448
Put your hands
on your head, now.

638
00:27:23,524 --> 00:27:24,582
Hey, you can't do this.

639
00:27:24,658 --> 00:27:25,750
Oh, no?
Watch this.

640
00:27:25,893 --> 00:27:27,019
You're under arrest for murder.

641
00:27:27,094 --> 00:27:29,460
No, man! His lawyer said
that stuff got thrown out.

642
00:27:29,530 --> 00:27:30,656
Never trust lawyers, man.

643
00:27:30,731 --> 00:27:31,824
The judge said that.

644
00:27:31,900 --> 00:27:33,128
You have the right
to remain silent.

645
00:27:33,268 --> 00:27:34,496
Hey, this is wrong, man.

646
00:27:34,569 --> 00:27:35,695
Anything you say...
I didn't kill nobody.

647
00:27:35,770 --> 00:27:36,828
Can and will
be used against you

648
00:27:36,905 --> 00:27:38,395
in a court of law.
You change your mind?

649
00:27:38,473 --> 00:27:40,964
I guess we'll just have to convict
you the old-fashioned way.

650
00:27:41,042 --> 00:27:42,202
You have
the right to an attorney...

651
00:27:44,979 --> 00:27:47,379
Your Honor, this arrest makes
a mockery of your ruling.

652
00:27:47,448 --> 00:27:50,246
Mr. Garcia was independently
identified by a witness

653
00:27:50,318 --> 00:27:51,808
who saw him in
the vicinity of the murder.

654
00:27:51,953 --> 00:27:53,444
My client was in
that photo array

655
00:27:53,522 --> 00:27:55,820
only because of the tainted
ID by Virginia Watts.

656
00:27:55,891 --> 00:27:58,451
Mr. Garcia had
his mug shot taken

657
00:27:58,527 --> 00:27:59,960
when he was arrested
for shoplifting.

658
00:28:00,029 --> 00:28:01,496
It would've only
been a matter of time

659
00:28:01,564 --> 00:28:03,998
before Mr. Bodak picked
him out of the mug books.

660
00:28:04,066 --> 00:28:06,227
Sounds right to me, Mr.
Shuman. The arrest stands.

661
00:28:06,302 --> 00:28:09,032
Your Honor, I also ask you to
reconsider your earlier suppression

662
00:28:09,104 --> 00:28:10,537
of the murder weapon
and the bloody sock.

663
00:28:10,606 --> 00:28:12,540
There's no way they would've
gotten a search warrant

664
00:28:12,608 --> 00:28:14,372
based solely on Mr.
Bodak's ID.

665
00:28:14,444 --> 00:28:15,809
If it was enough to
support an arrest,

666
00:28:15,879 --> 00:28:17,710
it's certainly enough
to support a search warrant.

667
00:28:17,781 --> 00:28:19,510
Nice try, Mr. McCoy.

668
00:28:19,583 --> 00:28:20,982
What I said before stands.

669
00:28:21,051 --> 00:28:22,678
The gun and the sock stay out.

670
00:28:25,589 --> 00:28:29,423
You got Bodak's ID
and Garcia's prints

671
00:28:29,492 --> 00:28:31,892
on the victim's wallet.
Good luck.

672
00:28:31,962 --> 00:28:33,190
We have more than that.

673
00:28:33,263 --> 00:28:35,562
His confession was front
page in all the papers

674
00:28:35,633 --> 00:28:37,533
and led the 11:00 news.

675
00:28:38,169 --> 00:28:40,034
The audience makes
up our jury pool.

676
00:28:40,104 --> 00:28:41,935
They'll be
excluded in voir dire.

677
00:28:42,073 --> 00:28:43,904
Only if they admit it.

678
00:28:45,009 --> 00:28:46,476
Jack, I can't reach Bodak.

679
00:28:46,544 --> 00:28:48,944
He isn't answering his phone,
he isn't returning my messages,

680
00:28:49,013 --> 00:28:51,675
and his boss said he
didn't show up for work.

681
00:28:51,749 --> 00:28:53,979
Then you better get
over to his place.

682
00:28:56,688 --> 00:28:57,712
The guy called
and said he did it

683
00:28:57,856 --> 00:28:58,914
to prove that he
could get to me,

684
00:28:58,991 --> 00:29:01,983
and that if I testify, he's gonna do
to my face what he did to the bed.

685
00:29:02,060 --> 00:29:03,254
You should've called us.

686
00:29:03,328 --> 00:29:04,454
Look, I think
the best thing I can do

687
00:29:04,529 --> 00:29:06,156
is just keep my mouth shut,
so can you please go?

688
00:29:06,231 --> 00:29:07,698
Hiding out in your apartment
isn't the answer.

689
00:29:07,766 --> 00:29:08,926
I'll take it
over getting cut up.

690
00:29:09,067 --> 00:29:10,227
We can protect you,

691
00:29:10,302 --> 00:29:12,133
put you up in a hotel,
round-the-clock guards.

692
00:29:12,204 --> 00:29:13,501
What, for the rest of my life?

693
00:29:13,639 --> 00:29:14,970
Look, we know
Garcia killed Sherman,

694
00:29:15,040 --> 00:29:17,168
but we can't
prove it without you.

695
00:29:20,580 --> 00:29:22,605
All I did was see a guy
walking down the street.

696
00:29:22,682 --> 00:29:25,879
You're a material witness.
That means we can arrest you.

697
00:29:27,287 --> 00:29:28,276
You do that.

698
00:29:38,732 --> 00:29:42,099
We can drag Bodak into court, but I
don't think he'll finger Garcia.

699
00:29:42,169 --> 00:29:44,763
Then the judge will find him in
contempt and throw him in jail

700
00:29:44,838 --> 00:29:45,964
until he changes his mind.

701
00:29:46,106 --> 00:29:47,266
He's not worried
about contempt,

702
00:29:47,341 --> 00:29:48,933
he's worried about
having his throat slit.

703
00:29:49,076 --> 00:29:50,703
I got the cops
watching his place.

704
00:29:50,778 --> 00:29:52,302
How about we find
out who's making

705
00:29:52,446 --> 00:29:53,970
the calls and
throw him in jail?

706
00:29:54,048 --> 00:29:56,881
It's not Garcia.
Rikers keeps records of all inmate calls.

707
00:29:56,951 --> 00:29:59,318
What about his loving
and supportive family?

708
00:29:59,387 --> 00:30:02,686
There's only his brother.
Nothing on the home phone LUDs.

709
00:30:02,757 --> 00:30:04,384
We've got a tap
on Bodak's phone.

710
00:30:04,459 --> 00:30:08,225
If he never calls back, you have
nothing and we look like amateurs.

711
00:30:08,296 --> 00:30:10,526
Cut a deal with Garcia.

712
00:30:14,336 --> 00:30:16,531
Watch, they're
gonna offer us a deal.

713
00:30:16,671 --> 00:30:18,866
We won't keep you in suspense.

714
00:30:18,940 --> 00:30:20,670
Mr. Garcia pleads
to murder two...

715
00:30:20,810 --> 00:30:22,573
You're dreaming.

716
00:30:22,645 --> 00:30:24,272
They got no case.

717
00:30:24,413 --> 00:30:26,074
We recommend 20-to-life.

718
00:30:26,148 --> 00:30:28,981
If that's all you're putting
on the table, then we're done.

719
00:30:29,051 --> 00:30:30,985
You're putting
your life on the line.

720
00:30:31,921 --> 00:30:33,821
You've got nothing.
You've got a wallet.

721
00:30:33,889 --> 00:30:35,584
And a witness who puts him
in the middle of things.

722
00:30:35,658 --> 00:30:37,455
The one who remembered
seeing someone,

723
00:30:37,526 --> 00:30:40,017
what, during his seventh
or eighth interview?

724
00:30:40,130 --> 00:30:41,995
A witness who
can't wait to testify.

725
00:30:42,065 --> 00:30:44,898
I'll eat him alive.
The guy's got zero credibility.

726
00:30:46,236 --> 00:30:47,498
Come on, you gonna
make a serious offer,

727
00:30:47,571 --> 00:30:49,903
or are we just gonna sit around
here and play with ourselves?

728
00:30:49,973 --> 00:30:51,702
The offer is murder two.

729
00:30:51,842 --> 00:30:53,571
Guard.

730
00:30:55,712 --> 00:30:57,509
Think about it, Ricky.

731
00:31:03,888 --> 00:31:05,913
Rey, the rules say
you gotta play.

732
00:31:05,990 --> 00:31:07,252
Yeah, yeah.

733
00:31:08,393 --> 00:31:09,792
I don't know, Lennie.
We've been here two nights,

734
00:31:09,861 --> 00:31:11,954
and Bodak's gotten
a total of two calls.

735
00:31:12,030 --> 00:31:13,054
Gin.

736
00:31:13,131 --> 00:31:14,120
Bingo.

737
00:31:16,634 --> 00:31:17,862
<i>Hello.</i>

738
00:31:18,002 --> 00:31:19,264
<i>I guess you
weren't listening before.</i>

739
00:31:19,337 --> 00:31:22,033
<i>You go to court,
you're a dead man.</i>

740
00:31:23,909 --> 00:31:25,137
Got him.

741
00:31:26,245 --> 00:31:29,703
The number traces to a Belvedere
Refuse Company on West 23rd,

742
00:31:29,782 --> 00:31:31,181
where Tony Garcia works.

743
00:31:31,250 --> 00:31:33,480
I'll call and find out
what route he's working.

744
00:31:33,552 --> 00:31:35,884
And I thought our
intimidator had retired.

745
00:31:36,021 --> 00:31:38,353
Just needed
a little motivation.

746
00:31:41,226 --> 00:31:44,355
Hey, Tony, you're under arrest
for intimidating a witness.

747
00:31:44,431 --> 00:31:45,830
I don't know what
you're talking about.

748
00:31:45,899 --> 00:31:47,992
We have tape of you
calling Bodak last night.

749
00:31:48,068 --> 00:31:49,365
You want to do
yourself some good,

750
00:31:49,502 --> 00:31:50,799
you'll tell us
what Ricky told you.

751
00:31:50,870 --> 00:31:52,997
Or you could play the dedicated
brother, that's all right.

752
00:31:53,073 --> 00:31:55,007
You can both go to
jail for 20 years.

753
00:31:55,075 --> 00:31:57,543
I didn't do nothing,
and neither did my brother.

754
00:31:58,178 --> 00:32:00,476
Witness tampering is a felony.

755
00:32:00,547 --> 00:32:05,212
And you have one felony conviction already.
Grand Theft Auto in '91.

756
00:32:05,286 --> 00:32:07,777
That means you're looking at
four years for one phone call.

757
00:32:07,855 --> 00:32:09,914
Unless you agree to testify
against your brother.

758
00:32:09,990 --> 00:32:11,457
In which case,
we'll knock it down

759
00:32:11,592 --> 00:32:13,082
to misdemeanor
attempted tampering

760
00:32:13,160 --> 00:32:14,457
and recommend probation.

761
00:32:14,528 --> 00:32:15,927
Hey, I didn't make
no phone calls.

762
00:32:16,062 --> 00:32:17,495
We can get a voice print.

763
00:32:17,564 --> 00:32:19,896
Which is
notoriously unreliable.

764
00:32:20,733 --> 00:32:24,897
You want your brother to get off, right?
Let's say that happens.

765
00:32:24,971 --> 00:32:28,533
Then he's free, and you're
doing four years in Attica.

766
00:32:28,609 --> 00:32:30,839
Seems to me you're getting
the short end of the stick.

767
00:32:30,911 --> 00:32:33,812
Or maybe they'll both get off
because they're both innocent.

768
00:32:33,881 --> 00:32:35,746
Or hadn't that
crossed your mind?

769
00:32:42,656 --> 00:32:44,453
What if he gets out?

770
00:32:44,592 --> 00:32:46,390
We have him on tape
making the threats.

771
00:32:46,461 --> 00:32:47,553
He's not going anywhere.

772
00:32:47,696 --> 00:32:48,788
I'm concerned with his brother.

773
00:32:48,864 --> 00:32:51,458
He will get out if
you don't testify.

774
00:32:51,533 --> 00:32:55,401
Forget it, Mike. Who knows what other
friends Garcia's got out there?

775
00:32:56,404 --> 00:32:58,668
Mr. Gottlieb, I expected
you to be more helpful.

776
00:32:58,740 --> 00:33:02,676
I'm looking out for my own.
Mike's got Ruth to think about.

777
00:33:02,744 --> 00:33:04,473
These animals could just
as well come after her.

778
00:33:04,546 --> 00:33:05,945
We gave you protection.

779
00:33:06,081 --> 00:33:07,515
We arrested the person
who was threatening you.

780
00:33:07,583 --> 00:33:08,641
What more can we do?

781
00:33:08,784 --> 00:33:09,876
You can
leave him alone.

782
00:33:09,952 --> 00:33:11,886
If Garcia's on
the street, it's only

783
00:33:11,954 --> 00:33:14,013
a matter of time
before he kills again.

784
00:33:14,090 --> 00:33:15,785
That's good.
Making him feel guilty.

785
00:33:15,858 --> 00:33:18,622
You can stop him, Mr.
Bodak, with your testimony.

786
00:33:18,694 --> 00:33:20,491
It's not
your problem, Mike.

787
00:33:21,531 --> 00:33:22,930
Can we count on you?

788
00:33:22,999 --> 00:33:24,728
You got no
obligation whatsoever.

789
00:33:30,607 --> 00:33:31,904
Yeah.
Mike...

790
00:33:31,975 --> 00:33:33,306
Frank, I saw the guy.

791
00:33:35,045 --> 00:33:38,845
I can't agree with you, Mike.
You ought to be thinking about your family.

792
00:33:45,455 --> 00:33:46,820
I'll hold up my end.

793
00:33:53,097 --> 00:33:57,158
The tire jack was on the street,
next to the front tire.

794
00:33:57,235 --> 00:33:59,567
At first, I didn't see Matthew.

795
00:34:02,473 --> 00:34:04,498
I found him in the car.

796
00:34:07,378 --> 00:34:11,577
It didn't make sense.
I thought he was sleeping at first.

797
00:34:11,650 --> 00:34:14,676
And then I saw the blood
all over his chest.

798
00:34:19,425 --> 00:34:21,655
Do you recognize this wallet?

799
00:34:23,696 --> 00:34:26,961
Yeah. It's Matthew's.

800
00:34:28,400 --> 00:34:31,370
Our grandfather gave it to
him for his 21st birthday.

801
00:34:32,806 --> 00:34:34,467
Thank you, Tiffany.

802
00:34:37,978 --> 00:34:39,240
Your witness.

803
00:34:41,781 --> 00:34:43,646
Miss Sherman,
did you see my client

804
00:34:43,783 --> 00:34:45,648
anywhere near
your brother's car?

805
00:34:46,586 --> 00:34:47,644
No.

806
00:34:47,721 --> 00:34:50,690
You testified that you identified
a man named Mike Bodak

807
00:34:50,757 --> 00:34:52,692
coming into the donut shop
just before you left,

808
00:34:52,760 --> 00:34:54,284
is that correct?
Yes.

809
00:34:54,362 --> 00:34:55,420
And he had grease on his hands.

810
00:34:55,563 --> 00:34:56,655
Yes.

811
00:34:56,731 --> 00:34:58,528
Grease from your brother's car.
Objection.

812
00:34:58,599 --> 00:35:00,396
The witness isn't
qualified to answer that.

813
00:35:00,534 --> 00:35:02,365
Withdrawn.

814
00:35:02,436 --> 00:35:04,529
Did Mr. Bodak
say anything to you

815
00:35:04,672 --> 00:35:06,697
or to the counter
man when he came in?

816
00:35:06,774 --> 00:35:07,763
No.

817
00:35:07,842 --> 00:35:09,002
What did he do?

818
00:35:09,076 --> 00:35:11,772
He wiped grease from his hands.

819
00:35:13,114 --> 00:35:16,050
Did he seem to be in a hurry?

820
00:35:16,118 --> 00:35:19,986
I don't know. He just took some
napkins and cleaned his hands.

821
00:35:20,656 --> 00:35:22,351
Thank you.
No further questions.

822
00:35:23,158 --> 00:35:24,819
You may step down,
Miss Sherman.

823
00:35:27,896 --> 00:35:29,158
Where's Bodak?

824
00:35:29,298 --> 00:35:30,595
He was arrested by Bronx Vice.

825
00:35:30,666 --> 00:35:33,294
Mr. McCoy, call
your next witness.

826
00:35:37,340 --> 00:35:39,365
Your Honor, the People
request a recess.

827
00:35:39,442 --> 00:35:40,466
For what purpose?

828
00:35:40,543 --> 00:35:42,101
Our final witness
has been delayed.

829
00:35:42,245 --> 00:35:43,837
We're confident
he'll be here shortly.

830
00:35:43,913 --> 00:35:45,972
We'll recess till after lunch.

831
00:35:46,049 --> 00:35:48,244
And unless you have
a witness to present,

832
00:35:48,384 --> 00:35:50,614
we'll move on to
the defense case.

833
00:35:52,221 --> 00:35:53,745
Bodak went back
to work at one of

834
00:35:53,823 --> 00:35:55,451
D'A ntoni's other
bookmaking locations.

835
00:35:55,559 --> 00:35:56,548
It was raided.

836
00:35:58,929 --> 00:35:59,953
Where is he now?

837
00:36:00,030 --> 00:36:01,930
In a holding cell
at the 58th Precinct.

838
00:36:01,999 --> 00:36:04,365
The riding A.D.A.
In the Bronx is Polk.

839
00:36:05,703 --> 00:36:08,297
You stay here in case
we need another delay.

840
00:36:09,673 --> 00:36:13,439
Mike Bodak is the key witness
in the Garcia murder trial.

841
00:36:13,510 --> 00:36:14,909
Without him, we have no case.

842
00:36:15,012 --> 00:36:17,345
From what I hear you don't
have much of a case with him.

843
00:36:17,415 --> 00:36:20,441
We raided one of D'A ntoni's
places as part of our operation.

844
00:36:20,518 --> 00:36:21,610
It's not my fault your witness

845
00:36:21,753 --> 00:36:22,879
was sitting there
when we walked in.

846
00:36:22,954 --> 00:36:25,548
I'm sure Corrections will
furlough him to testify.

847
00:36:25,623 --> 00:36:27,682
You're an A.D.A.
You know we don't

848
00:36:27,759 --> 00:36:29,386
want him coming in
with a felony record.

849
00:36:29,461 --> 00:36:30,826
If I give Bodak immunity,

850
00:36:30,895 --> 00:36:33,489
he has zero incentive to
testify against D'A ntoni.

851
00:36:33,565 --> 00:36:35,089
Give him a walk
without immunity.

852
00:36:35,166 --> 00:36:37,863
If you still need Bodak
later, you can pick him up.

853
00:36:37,937 --> 00:36:39,700
It'll be months before
your trial starts.

854
00:36:39,772 --> 00:36:40,932
What if he takes off?

855
00:36:41,006 --> 00:36:45,170
It's a Class E felony and his jacket's clean.
He's not going to run.

856
00:36:47,480 --> 00:36:50,142
You must be out of your mind
if you thought we'd agree.

857
00:36:50,216 --> 00:36:52,707
Mike's not saying word one
at your murder trial

858
00:36:52,785 --> 00:36:54,878
unless he gets full
immunity on these charges.

859
00:36:54,954 --> 00:36:56,751
The Bronx D.A.
Won't agree to that.

860
00:36:56,889 --> 00:36:58,721
Then you have a problem, McCoy.

861
00:36:58,792 --> 00:37:00,692
Mr. Bodak, you
promised to testify.

862
00:37:00,761 --> 00:37:03,730
He didn't promise to incriminate
himself for bookmaking.

863
00:37:03,797 --> 00:37:05,424
Mike, anything you
say at the murder trial,

864
00:37:05,565 --> 00:37:07,226
the Bronx D.A.
Can use against you.

865
00:37:07,300 --> 00:37:09,495
I'll do everything I can to
protect you on the stand,

866
00:37:09,569 --> 00:37:10,866
but I need you on the stand.

867
00:37:10,937 --> 00:37:12,199
All right, we're done talking, McCoy.

868
00:37:12,272 --> 00:37:13,762
Mr. Bodak...

869
00:37:13,907 --> 00:37:15,397
What? What am I
supposed to say?

870
00:37:15,475 --> 00:37:17,375
Look where I am.

871
00:37:17,444 --> 00:37:19,811
They want me to finger Ray
D'A ntoni, Mr. McCoy.

872
00:37:19,881 --> 00:37:21,940
They want me for that.
You want me for Garcia.

873
00:37:22,016 --> 00:37:23,074
I'm getting killed here.

874
00:37:23,151 --> 00:37:24,118
I know.

875
00:37:25,420 --> 00:37:28,947
I don't understand.
I just helped a guy change a tire.

876
00:37:30,725 --> 00:37:32,283
I don't get it.

877
00:37:32,360 --> 00:37:34,828
You help me, Mr.
Bodak, and I'll help you.

878
00:37:34,896 --> 00:37:37,160
I don't think he can stand
much more of your help.

879
00:37:37,231 --> 00:37:42,169
Fine. Listen to him.
Stay here and stand trial for bookmaking,

880
00:37:42,237 --> 00:37:44,467
while Ricky Garcia is acquitted
for lack of evidence.

881
00:37:44,540 --> 00:37:46,405
All right, that's enough, McCoy.
You'll be in jail,

882
00:37:46,475 --> 00:37:49,638
and he'll be out there doing
drugs and killing people.

883
00:37:51,213 --> 00:37:52,737
Your choice.

884
00:37:58,253 --> 00:38:00,118
It's too risky, Mike.

885
00:38:09,199 --> 00:38:11,963
He was having trouble
loosening the lug nuts,

886
00:38:12,035 --> 00:38:14,265
so I offered to help.

887
00:38:15,104 --> 00:38:17,902
After I got the nuts loose,
we jacked the car up

888
00:38:17,974 --> 00:38:19,305
and I pulled his tire off.

889
00:38:19,442 --> 00:38:20,807
What did you do then?

890
00:38:20,877 --> 00:38:23,972
Well, he said that he could
handle the rest, so I took off.

891
00:38:25,115 --> 00:38:26,548
North on Greenwich.

892
00:38:26,617 --> 00:38:30,178
As you were walking north on
Greenwich, did you pass anyone?

893
00:38:30,254 --> 00:38:33,849
Yeah, half a block
from the car,

894
00:38:33,924 --> 00:38:36,290
I passed a guy who
was walking towards

895
00:38:36,427 --> 00:38:38,827
where Mr. Sherman
was fixing the flat.

896
00:38:38,896 --> 00:38:41,387
Do you recall a statement
you gave the police

897
00:38:41,465 --> 00:38:43,126
prior to Mr. Garcia's arrest?

898
00:38:43,835 --> 00:38:44,927
Yes.

899
00:38:45,003 --> 00:38:48,734
Do you recall how you
described the man you saw?

900
00:38:48,807 --> 00:38:52,038
I said he was Hispanic,
average height,

901
00:38:52,177 --> 00:38:55,442
with a dragon tattoo
on his right hand.

902
00:38:56,481 --> 00:38:59,644
Is the man you saw walking toward Mr.
Sherman's car

903
00:38:59,751 --> 00:39:01,150
in this courtroom?

904
00:39:02,954 --> 00:39:04,012
Yes.

905
00:39:05,124 --> 00:39:07,149
That's him at
the table over there.

906
00:39:08,027 --> 00:39:14,364
Let the record indicate Mr.
Bodak pointed at the defendant,

907
00:39:14,433 --> 00:39:15,730
Ricky Garcia.

908
00:39:16,969 --> 00:39:18,436
Your witness,
Mr. Shuman.

909
00:39:23,342 --> 00:39:25,333
Mr. Bodak, you were
arrested and charged

910
00:39:25,479 --> 00:39:27,470
with this murder also,
weren't you?

911
00:39:27,548 --> 00:39:29,448
By mistake.
They let me go.

912
00:39:29,516 --> 00:39:31,711
But only after you suddenly
remembered seeing someone

913
00:39:31,785 --> 00:39:34,310
who resembled my client near the scene
of the crime, isn't that right?

914
00:39:34,421 --> 00:39:35,615
Yes.

915
00:39:35,722 --> 00:39:37,212
When you supposedly
stopped to help

916
00:39:37,357 --> 00:39:38,847
Matthew Sherman
change the tire,

917
00:39:38,926 --> 00:39:40,052
where were you coming from?

918
00:39:40,127 --> 00:39:41,219
From work.

919
00:39:41,295 --> 00:39:42,592
You mean from the hotel.

920
00:39:42,729 --> 00:39:44,026
No.

921
00:39:44,097 --> 00:39:45,689
Then from where?

922
00:39:48,870 --> 00:39:50,531
You were coming
from a betting parlor

923
00:39:50,672 --> 00:39:52,367
run by bookmaker Ray D'A ntoni,

924
00:39:52,440 --> 00:39:55,603
where you answer the phone and
take bets, isn't that right?

925
00:40:00,281 --> 00:40:02,749
Your Honor, I wish to invoke
my Fifth Amendment privilege.

926
00:40:02,817 --> 00:40:06,048
In fact, you were still working for Mr.
D'A ntoni

927
00:40:06,120 --> 00:40:08,021
when you were arrested
yesterday, isn't that right?

928
00:40:08,090 --> 00:40:09,785
Which is why you weren't
here earlier to testify.

929
00:40:09,858 --> 00:40:11,416
Objection.
Relevance.

930
00:40:11,560 --> 00:40:13,118
Goes to credibility,
Your Honor.

931
00:40:13,195 --> 00:40:16,255
Overruled. Please answer
the question, Mr. Bodak.

932
00:40:21,036 --> 00:40:23,800
Yes, that's why I wasn't here.
I was under arrest.

933
00:40:25,608 --> 00:40:28,942
Do you collect betting debts for Mr.
D'A ntoni? Perhaps by using force?

934
00:40:29,012 --> 00:40:30,843
No. Matthew Sherman
ever place bets

935
00:40:30,914 --> 00:40:32,643
with Mr. D'A ntoni?

936
00:40:32,716 --> 00:40:35,207
No. Well, I don't know.

937
00:40:35,585 --> 00:40:36,916
Did he owe money to
Mr. D'A ntoni

938
00:40:36,987 --> 00:40:39,615
that you were trying to
collect that Sunday morning?

939
00:40:39,689 --> 00:40:41,384
No. I don't do
that kind of stuff.

940
00:40:41,458 --> 00:40:45,189
Well, then exactly what kind of
stuff did you do for Mr. D'A ntoni?

941
00:40:51,902 --> 00:40:53,893
I invoke my Fifth
Amendment privilege.

942
00:40:53,971 --> 00:40:56,337
Your Honor, please
direct the witness to answer.

943
00:40:56,407 --> 00:40:58,102
Mr. Bodak,
answer the question.

944
00:41:00,211 --> 00:41:01,644
I invoke my Fifth Amendment.

945
00:41:01,779 --> 00:41:03,246
Approach, Your Honor?

946
00:41:07,952 --> 00:41:10,216
Your Honor, the witness forfeited
his Fifth Amendment privilege

947
00:41:10,287 --> 00:41:11,721
when he answered
the People's questions.

948
00:41:11,790 --> 00:41:14,782
His whole line of
questioning is irrelevant.

949
00:41:14,893 --> 00:41:16,861
All right, take it to chambers.

950
00:41:16,995 --> 00:41:18,963
The court will
take a short recess.

951
00:41:20,132 --> 00:41:22,999
My questions might uncover a credible
alternate suspect to this crime.

952
00:41:23,068 --> 00:41:24,695
They're completely relevant.
He's fishing.

953
00:41:24,770 --> 00:41:26,362
Mr. Bodak was
put on the stand

954
00:41:26,438 --> 00:41:29,202
for the very limited purpose
of identifying the defendant.

955
00:41:29,274 --> 00:41:30,571
That's his limited
purpose, not mine.

956
00:41:30,642 --> 00:41:32,702
Your Honor, either Mr.
Bodak answers my questions,

957
00:41:32,779 --> 00:41:34,076
or I'm moving to strike.
All right.

958
00:41:34,147 --> 00:41:36,809
Mr. McCoy, your witness
cannot selectively

959
00:41:36,949 --> 00:41:39,645
invoke his privilege.
It's all or nothing.

960
00:41:42,021 --> 00:41:45,957
He's not putting his ass in a sling for you, McCoy.
He's got no immunity.

961
00:41:46,025 --> 00:41:47,492
He's not about to
incriminate himself.

962
00:41:47,560 --> 00:41:50,051
Does he know what happens to
this case if he doesn't answer?

963
00:41:50,129 --> 00:41:52,826
I'm looking out for
his interests, not yours.

964
00:41:58,372 --> 00:42:00,840
Mr. Bodak, I'm going to
give you another chance

965
00:42:00,908 --> 00:42:03,376
to answer Mr.
Shuman's question.

966
00:42:03,444 --> 00:42:06,311
Ms. Dorn, would you please
read back the question?

967
00:42:06,847 --> 00:42:11,079
Question, " Then exactly what kind of
stuff did you do for Mr. D'A ntoni?"

968
00:42:21,596 --> 00:42:23,359
I invoke my Fifth
Amendment privilege.

969
00:42:23,498 --> 00:42:25,261
All right, Mr. Bodak,
you're excused.

970
00:42:25,333 --> 00:42:28,029
Your Honor, for the record,
before you make your ruling

971
00:42:28,103 --> 00:42:29,798
I would like to
consult with the witness.

972
00:42:29,938 --> 00:42:31,667
Denied. Mr. Bodak,
step down.

973
00:42:32,741 --> 00:42:34,265
Members of the jury,

974
00:42:34,342 --> 00:42:36,436
I would like to
instruct you to disregard

975
00:42:36,579 --> 00:42:38,672
Mr. Bodak's
testimony in its entirety.

976
00:42:38,748 --> 00:42:40,272
Strike it all.

977
00:42:41,217 --> 00:42:42,582
He means disregard
that I ever saw him?

978
00:42:42,718 --> 00:42:44,083
All your testimony.

979
00:42:44,153 --> 00:42:47,611
Silence. Mr. Bodak, leave or
I'll cite you for contempt.

980
00:42:47,690 --> 00:42:48,748
Mike, come on.

981
00:42:48,824 --> 00:42:50,758
Your Honor, I move for a
dismissal of the charges

982
00:42:50,826 --> 00:42:53,727
on the basis that the People failed
to prove their prima facie case.

983
00:42:53,796 --> 00:42:54,956
I'll take that
motion under advisement.

984
00:42:55,097 --> 00:42:56,258
Your Honor, one moment, please.

985
00:42:56,333 --> 00:42:57,527
What now, Mr. McCoy?

986
00:42:57,667 --> 00:42:58,895
I'd like to talk to my witness.

987
00:42:58,969 --> 00:42:59,936
Objection, Your Honor.

988
00:43:00,070 --> 00:43:01,059
I haven't rested my case!

989
00:43:01,138 --> 00:43:03,038
You have 30 seconds.

990
00:43:04,107 --> 00:43:05,267
This is your last chance,
Mr. Bodak.

991
00:43:05,408 --> 00:43:06,568
Michael, let's go.

992
00:43:06,643 --> 00:43:09,373
Mr. McCoy, I am not going to
let him incriminate himself.

993
00:43:09,446 --> 00:43:12,108
Mr. Bodak, you're the only one who saw him.
Don't let him walk.

994
00:43:12,182 --> 00:43:15,049
Forget it. Mike,
this is not your problem.

995
00:43:15,886 --> 00:43:17,548
Mr. McCoy, you through
with your witness or not?

996
00:43:17,655 --> 00:43:20,283
Make up your mind,
Mr. Bodak. Quickly.

997
00:43:24,829 --> 00:43:26,763
Mike!

998
00:43:26,831 --> 00:43:30,130
Your Honor, the People would like to recall Mr.
Bodak to the stand.

999
00:43:30,201 --> 00:43:32,066
Your Honor, I object.
I'll allow it.

1000
00:43:32,136 --> 00:43:33,831
Your Honor, I'm Mr.
Bodak's attorney... Sit down.

1001
00:43:33,905 --> 00:43:37,170
Mr. Bodak, take the stand.
Remember you're still under oath.

1002
00:43:44,483 --> 00:43:45,882
Mr. Bodak,

1003
00:43:47,920 --> 00:43:50,616
Mr. Shuman asked you what you did for Mr.
D'A ntoni.

1004
00:43:51,990 --> 00:43:54,151
Are you prepared to
answer his question?

1005
00:43:56,195 --> 00:43:57,787
Yeah.

1006
00:43:59,499 --> 00:44:02,468
I took bets over
the phone for Mr. D'A ntoni.

1007
00:44:03,636 --> 00:44:06,104
Sometimes I helped count money.

1008
00:44:06,172 --> 00:44:07,867
That's why they arrested me.

1009
00:44:11,578 --> 00:44:15,708
But whatever you
think of me, that's okay.

1010
00:44:15,782 --> 00:44:18,808
But it does not change the
fact that I saw that man

1011
00:44:18,885 --> 00:44:21,184
walking towards
Mr. Sherman's car

1012
00:44:21,322 --> 00:44:23,620
right before
Mr. Sherman was murdered.

1013
00:44:30,197 --> 00:44:31,994
Thank you, Mr. Bodak.

1014
00:44:37,905 --> 00:44:39,270
No more questions.

1015
00:44:39,406 --> 00:44:40,806
Mr. Shuman?

1016
00:44:40,876 --> 00:44:42,343
No questions.

1017
00:44:43,245 --> 00:44:45,440
You may step down,
Mr. Bodak.

1018
00:44:45,814 --> 00:44:48,112
Members of the jury,
I direct you to

1019
00:44:48,250 --> 00:44:50,548
disregard my
previous instructions.

1020
00:44:50,619 --> 00:44:54,282
You may now consider all or part of Mr.
Bodak's testimony

1021
00:44:54,356 --> 00:44:56,381
during your deliberations.

1022
00:45:18,781 --> 00:45:21,716
Madam Forewoman, has the
jury reached a verdict?

1023
00:45:21,784 --> 00:45:23,275
We have, sir.

1024
00:45:23,353 --> 00:45:25,116
Will the defendant please rise?

1025
00:45:26,256 --> 00:45:29,384
On the first count of the indictment,
murder in the first degree,

1026
00:45:29,459 --> 00:45:30,721
how do you find?

1027
00:45:30,794 --> 00:45:32,921
We find the defendant,
Ricky Garcia,

1028
00:45:33,363 --> 00:45:34,489
guilty.

1029
00:45:36,300 --> 00:45:38,268
On the second count
of the indictment,

1030
00:45:38,335 --> 00:45:40,701
robbery in the first degree,
how do you find?

1031
00:45:40,771 --> 00:45:43,866
We find the defendant,
Ricky Garcia, guilty.

1032
00:45:48,680 --> 00:45:51,808
The Bronx D.A. Dropped the
bookmaking charges against Bodak.

1033
00:45:51,883 --> 00:45:53,976
We're lucky to have
had him as a witness.

1034
00:45:54,052 --> 00:45:58,386
Nice to know that the entire criminal
justice system rises or falls

1035
00:45:58,456 --> 00:46:00,822
on the decency of a Mike Bodak.