1 00:00:01,002 --> 00:00:02,743 NARRATOR: In the criminal justice system 2 00:00:02,804 --> 00:00:06,684 the people are represented by two separate yet equally important groups, 3 00:00:06,741 --> 00:00:08,584 the police who investigate crime 4 00:00:08,643 --> 00:00:11,419 and the district attorneys who prosecute the offenders. 5 00:00:11,479 --> 00:00:12,925 These are their stories. 6 00:00:14,149 --> 00:00:16,686 I'm looking at numbers, Lieutenant Van Buren. 7 00:00:16,752 --> 00:00:18,857 Grand Theft Auto down 14%, 8 00:00:19,421 --> 00:00:21,196 Burglaries down 11%. 9 00:00:21,690 --> 00:00:24,933 You shut down a number of quality-of-life conditions in your precinct. 10 00:00:24,993 --> 00:00:26,063 Some excellent work. 11 00:00:26,128 --> 00:00:27,163 Thank you. 12 00:00:27,229 --> 00:00:30,267 Then I look at your clearance rate for homicides 13 00:00:30,332 --> 00:00:32,812 and a whole different picture emerges. 14 00:00:32,868 --> 00:00:35,577 Twenty-two percent below the Borough average. 15 00:00:35,638 --> 00:00:38,949 VAN BUREN: Well, we've had some tough ones the last couple of months. 16 00:00:39,175 --> 00:00:41,849 CHIEF: Come on, Lieutenant, talk to your Chief. 17 00:00:41,911 --> 00:00:43,549 What's the problem here? 18 00:00:43,613 --> 00:00:46,355 There's no problem, Chief. We just have to try harder. 19 00:00:46,416 --> 00:00:49,397 Unfortunately, that's not an adequate response. 20 00:00:49,452 --> 00:00:52,729 Well, I don't know what other response to give you, sir. 21 00:00:52,956 --> 00:00:55,732 Something along the lines of a guarantee is what we're looking for. 22 00:00:55,792 --> 00:00:58,796 If it means culling the cold case files, 23 00:00:58,862 --> 00:01:02,436 you get that clearance rate up or we'll make a guarantee. 24 00:01:02,733 --> 00:01:04,804 We'll guarantee you'll lose your command. 25 00:01:04,869 --> 00:01:06,473 FIRST DEPUTY: We can always find a place to transfer you 26 00:01:06,537 --> 00:01:08,676 where the pressure wouldn't be as great. 27 00:01:08,739 --> 00:01:10,275 CHIEF: Get the picture? 28 00:01:10,341 --> 00:01:11,718 Yes, Chief. 29 00:01:12,743 --> 00:01:14,051 ED: Here's one from 1992, 30 00:01:14,111 --> 00:01:16,091 suspect dropped dead from a heart attack, 31 00:01:16,147 --> 00:01:18,491 and the family of the victim moved back to Kurdistan. 32 00:01:18,549 --> 00:01:20,187 Why don't you put in for travel vouchers? 33 00:01:20,251 --> 00:01:22,731 See if they'll let us clear that one. 34 00:01:22,786 --> 00:01:24,232 This one's from '88. 35 00:01:24,289 --> 00:01:26,530 Homeless male Caucasian beaten to death 36 00:01:26,591 --> 00:01:28,593 in a steam tunnel underneath Grand Central. 37 00:01:28,660 --> 00:01:30,469 We oughta be able to home in on that perp, no problem. 38 00:01:30,529 --> 00:01:31,633 Yeah. 39 00:01:32,063 --> 00:01:35,340 Oh, here's one from '81 that Tommy Brannigan worked. 40 00:01:35,400 --> 00:01:37,380 Mmm, your old boss. Yeah. 41 00:01:37,636 --> 00:01:40,446 Marybeth Mosley was 16 years old. 42 00:01:40,505 --> 00:01:44,112 Beaten to death with a ratchet on West 92nd Street. 43 00:01:44,476 --> 00:01:47,981 Only suspect was a plumber whose wife provided alibi. 44 00:01:48,047 --> 00:01:50,084 Maybe 19 years later she changes her story? 45 00:01:50,216 --> 00:01:52,059 Hey, why don't you call your pal at the Daily News? 46 00:01:52,118 --> 00:01:54,394 They run a story about how the case is still unsolved. 47 00:01:54,453 --> 00:01:56,194 Maybe somebody pops out of the woodwork. 48 00:01:56,255 --> 00:01:57,529 Brannigan still with us? 49 00:01:57,590 --> 00:01:59,297 Yeah, he's retired. He lives out on the Island. 50 00:01:59,358 --> 00:02:00,701 You wanna take a ride? 51 00:02:51,246 --> 00:02:53,283 The Mosley case, huh? 52 00:02:53,348 --> 00:02:56,124 You guys must really be looking for something to do. 53 00:02:56,184 --> 00:02:58,597 Our boss needs to get her clearance rate up. 54 00:02:58,654 --> 00:03:00,930 So you go to a 20-year-old case. 55 00:03:00,990 --> 00:03:03,527 We were hoping the guy you liked might have a weak alibi. 56 00:03:03,592 --> 00:03:05,162 This would be the plumber? 57 00:03:05,227 --> 00:03:06,297 Uh-huh. Fred Jenks. 58 00:03:06,362 --> 00:03:07,534 The wife swore she was with him. 59 00:03:07,596 --> 00:03:09,872 Yeah, he was working on the house. 60 00:03:09,932 --> 00:03:11,070 Had a record. 61 00:03:11,133 --> 00:03:12,840 We sweated him as much as we could, 62 00:03:12,901 --> 00:03:14,380 but we didn't get anywhere. 63 00:03:14,436 --> 00:03:16,438 Tommy, is there anything you can think of 64 00:03:16,505 --> 00:03:17,745 that might help us out? 65 00:03:17,806 --> 00:03:20,252 Wife's looking to give him up, that's one thing. 66 00:03:20,309 --> 00:03:21,789 If she's not, 67 00:03:22,145 --> 00:03:24,352 I don't know what to tell you. 68 00:03:26,916 --> 00:03:29,897 Mosley, Marybeth. Initial here. 69 00:03:29,953 --> 00:03:31,660 Any loss or damage to the property 70 00:03:31,721 --> 00:03:34,065 is the sole responsibility of the signing officer. 71 00:03:34,124 --> 00:03:35,159 Sign over here. 72 00:03:35,225 --> 00:03:36,465 Where's the deceased's clothing? 73 00:03:36,526 --> 00:03:37,971 What you see is what we got. 74 00:03:38,028 --> 00:03:39,837 What about the murder weapon? 75 00:03:40,764 --> 00:03:42,903 Nineteen-inch drive ratchet. 76 00:03:43,500 --> 00:03:44,946 Maybe the D.A. held onto it, 77 00:03:45,002 --> 00:03:46,948 or the vouchering officer. 78 00:03:47,004 --> 00:03:49,985 Could be it was misplaced in the move from the old Property Room. 79 00:03:50,041 --> 00:03:51,281 Well before my time. 80 00:03:51,342 --> 00:03:53,549 What's the sign-out sheet say? 81 00:03:54,412 --> 00:03:55,618 It's not attached. 82 00:03:55,680 --> 00:03:56,784 How can that be? 83 00:03:56,847 --> 00:03:59,794 A 20-year-old case, Detective. Give me a break. 84 00:04:00,618 --> 00:04:03,292 Originally they liked the plumber, Jenks. 85 00:04:03,354 --> 00:04:05,766 He had access to the girl and he had a record. 86 00:04:05,823 --> 00:04:06,961 And an alibi. 87 00:04:07,024 --> 00:04:08,561 Yeah. His wife. 88 00:04:12,030 --> 00:04:14,977 Freddie and I split. It's three years this past Columbus Day. 89 00:04:15,033 --> 00:04:16,944 You told the detectives investigating your husband 90 00:04:17,002 --> 00:04:19,744 that he was with you the day the Mosley girl got killed? 91 00:04:19,805 --> 00:04:23,412 I got a job by Roosevelt Avenue and Main Street, 92 00:04:23,475 --> 00:04:25,580 going out to Bayside. Who's over there? 93 00:04:25,644 --> 00:04:27,920 Do you remember telling them he was with you? 94 00:04:27,979 --> 00:04:30,391 Yeah, I remember saying he was with me. 95 00:04:30,449 --> 00:04:32,930 We were buying that green velvet recliner 96 00:04:32,985 --> 00:04:34,259 I got in my basement. 97 00:04:34,320 --> 00:04:37,790 Car 214, are you gonna tell me you're not by Roosevelt Avenue? 98 00:04:37,857 --> 00:04:40,497 Ma'am, can you tell us where we can find your ex-husband? 99 00:04:40,560 --> 00:04:42,540 He's working in Chelsea. 100 00:04:43,429 --> 00:04:45,841 I shouldn't even be talking to you without my lawyer. 101 00:04:45,898 --> 00:04:48,003 Hey, it's your call. We can always come back. 102 00:04:48,067 --> 00:04:49,171 Just a couple of loose ends. 103 00:04:49,235 --> 00:04:50,305 Oh, loose ends. 104 00:04:50,370 --> 00:04:52,350 You guys never go away, do you? 105 00:04:52,405 --> 00:04:54,351 But the theory of the case back then 106 00:04:54,407 --> 00:04:56,649 was that she was killed by somebody who knew her. 107 00:04:56,710 --> 00:04:59,657 Which is why they focused on you and your yellow sheet. 108 00:04:59,713 --> 00:05:00,817 Focused? 109 00:05:00,881 --> 00:05:03,885 Frigging cops practically rented a space in my keester. 110 00:05:03,951 --> 00:05:05,862 Hey, you were working in the Mosley house 111 00:05:05,919 --> 00:05:07,091 at the time of the murder. 112 00:05:07,154 --> 00:05:09,134 I was working in the Mosley house 113 00:05:09,189 --> 00:05:11,032 on the day of the murder. 114 00:05:11,091 --> 00:05:12,331 At the time of the murder, 115 00:05:12,393 --> 00:05:15,203 I was with my wife buying a recliner. 116 00:05:15,262 --> 00:05:17,299 Wives can be pretty loyal. Even ex-wives. 117 00:05:17,798 --> 00:05:19,244 You want someone else? 118 00:05:19,300 --> 00:05:21,940 Johnny Estrada helped me move the recliner 119 00:05:22,003 --> 00:05:25,678 because my ex-wife (CHUCKLES) was too delicate. 120 00:05:26,341 --> 00:05:27,718 Go and ask him. 121 00:05:28,877 --> 00:05:32,017 Since the stroke, some things I know. 122 00:05:32,480 --> 00:05:35,984 My eldest went to Syracuse, to college, 123 00:05:36,618 --> 00:05:39,656 but I can't remember where he lives now. 124 00:05:40,088 --> 00:05:42,068 (SPEAKING SPANISH) 125 00:05:42,123 --> 00:05:44,536 (SPEAKING SPANISH) 126 00:05:44,593 --> 00:05:46,937 He knows. He just can't remember. 127 00:05:47,329 --> 00:05:49,536 Señor Estrada, you told the police 128 00:05:49,598 --> 00:05:52,442 that you were with Mr. Jenks around 7:00 129 00:05:52,501 --> 00:05:53,912 the night the girl was murdered? 130 00:05:53,969 --> 00:05:56,449 Whatever I said, it was the truth. 131 00:05:56,939 --> 00:05:59,078 Well, maybe just to help a friend, 132 00:05:59,141 --> 00:06:00,950 you shaved a few minutes, huh? 133 00:06:01,010 --> 00:06:04,753 No, sir, Fred Jenks is not a murderer 134 00:06:04,814 --> 00:06:06,761 and I am not a liar. 135 00:06:07,617 --> 00:06:12,498 A man does not go out to buy an easy chair 136 00:06:12,556 --> 00:06:15,628 after he has murdered a young girl. 137 00:06:16,526 --> 00:06:19,063 You worked in the Mosley apartment at the same time as Jenks? 138 00:06:19,129 --> 00:06:20,938 Yes. I was a painter. 139 00:06:20,997 --> 00:06:22,032 I know it was a long time ago, 140 00:06:22,098 --> 00:06:24,374 but is there anything you remember from being in the house 141 00:06:24,434 --> 00:06:25,572 that could help us? 142 00:06:25,635 --> 00:06:29,447 I remember a lot of boys being in there. 143 00:06:30,475 --> 00:06:35,083 And the young girl, she was very beautiful. 144 00:06:41,452 --> 00:06:42,988 Nineteen years. 145 00:06:44,589 --> 00:06:46,865 Sometimes I wake up, I think it's all a dream. 146 00:06:46,924 --> 00:06:50,394 I know. I'm sorry we have to bring the whole thing back. 147 00:06:52,163 --> 00:06:55,270 Marybeth came home from school. 148 00:06:57,035 --> 00:06:59,072 St. Julian's on Columbus Avenue. 149 00:06:59,137 --> 00:07:00,741 She had a riding lesson. 150 00:07:00,806 --> 00:07:02,444 The stables on 97th? 151 00:07:02,508 --> 00:07:03,748 Mmm-hmm. 152 00:07:04,409 --> 00:07:06,514 She went up to change. Oh! 153 00:07:06,812 --> 00:07:10,225 Then she comes down those stairs, two at a time. 154 00:07:10,382 --> 00:07:11,861 (CHUCKLES) 155 00:07:12,284 --> 00:07:14,286 Well, in her riding clothes. 156 00:07:14,353 --> 00:07:15,661 Always in a rush, that one. 157 00:07:16,255 --> 00:07:18,964 I told her to sit down, I'd make her a sandwich. 158 00:07:19,726 --> 00:07:21,399 She was so skinny. 159 00:07:23,796 --> 00:07:26,436 If I hadn't made her eat that sandwich, 160 00:07:26,866 --> 00:07:28,004 maybe he wouldn't have seen her. 161 00:07:29,802 --> 00:07:31,213 Did your daughter date, ma'am? 162 00:07:31,804 --> 00:07:36,253 Between school, riding, the piano, she didn't really have the time. 163 00:07:37,677 --> 00:07:39,850 Was there anyone who was interested in her? 164 00:07:41,081 --> 00:07:42,492 Quite a few. 165 00:07:48,055 --> 00:07:50,535 Marybeth Mosley. We called her M and M. 166 00:07:50,591 --> 00:07:52,366 Melts in your mouth. 167 00:07:52,793 --> 00:07:55,467 Hey, it was the '80s. Blame it on the Boogie. 168 00:07:55,529 --> 00:07:57,406 What was your relationship with Miss Mosley, Counselor? 169 00:07:57,464 --> 00:07:58,670 Strictly platonic. 170 00:07:58,732 --> 00:08:00,837 It was one I didn't get a chance to put in the trophy case. 171 00:08:00,901 --> 00:08:03,575 Oh, I can see her death still weighs on you. 172 00:08:03,637 --> 00:08:06,983 Look, am I showing an insufficient amount of reverence for the dead? 173 00:08:07,042 --> 00:08:08,146 Forgive me. 174 00:08:08,209 --> 00:08:12,123 Anyway, like I say, I just admired her from afar. 175 00:08:12,180 --> 00:08:15,161 Well, can you think of anyone who might have admired her a little closer up? 176 00:08:15,216 --> 00:08:18,720 The only one I can remember her going out with is Michael Sarno. 177 00:08:18,787 --> 00:08:20,824 Although I don't think she gave it up for him either. 178 00:08:20,889 --> 00:08:22,391 Any relation to the Sarnos? 179 00:08:22,457 --> 00:08:24,767 Yeah, the Ambassador's son, the Senator's nephew. 180 00:08:24,826 --> 00:08:27,432 You're saying Sarno went out with the Mosley girl. 181 00:08:27,495 --> 00:08:29,407 Yeah. For awhile. 182 00:08:29,865 --> 00:08:33,278 But from what I remember, Sarno was too much of a wild man for her. 183 00:08:33,336 --> 00:08:36,078 Or maybe she was just too much of a good girl for him. 184 00:08:36,138 --> 00:08:38,118 Either way, they were broken up by the time she was killed 185 00:08:38,174 --> 00:08:40,120 because I remember he didn't come to the funeral. 186 00:08:40,176 --> 00:08:43,180 Now, if you'll excuse me, I've got a 10:00 in court. 187 00:08:43,245 --> 00:08:45,953 Ugh, this is like looking into a muddy lake trying to see the bottom. 188 00:08:46,015 --> 00:08:47,153 And I have to say, your friend Brannigan, 189 00:08:47,216 --> 00:08:48,627 he wasn't a whole lot of help. 190 00:08:48,684 --> 00:08:51,962 All right. So we'll talk to some of the other cops who worked the case. 191 00:08:52,022 --> 00:08:54,366 Most of them are retired or dead. 192 00:08:54,458 --> 00:08:57,234 You know, I saw Charlie Curran's name on the file. 193 00:08:57,294 --> 00:08:59,296 I know he's still with us. 194 00:08:59,896 --> 00:09:01,534 I'd just gotten bumped up to the squad. 195 00:09:01,598 --> 00:09:02,804 Me and a bunch of other detectives 196 00:09:02,866 --> 00:09:04,971 were assigned to a task force to work the case. 197 00:09:05,035 --> 00:09:06,480 And you liked the plumber, right? 198 00:09:06,536 --> 00:09:07,879 Personally, I had doubts. 199 00:09:07,938 --> 00:09:09,008 I mean, we looked at him. 200 00:09:09,072 --> 00:09:12,076 We had this guy's phones up, we talked to everybody this guy ever knew. 201 00:09:12,142 --> 00:09:13,177 Nothing. 202 00:09:13,243 --> 00:09:15,348 I wanted to concentrate more on some of the college boys 203 00:09:15,412 --> 00:09:17,552 that were hanging around her. 204 00:09:18,049 --> 00:09:20,427 There was this one kid, Sarno. 205 00:09:20,485 --> 00:09:22,658 Rich kid. Nasty drunk. 206 00:09:22,720 --> 00:09:23,994 Tea head. 207 00:09:24,756 --> 00:09:26,099 Thanks. 208 00:09:26,157 --> 00:09:28,228 My call, we would've sweated him good. 209 00:09:28,292 --> 00:09:29,965 Whose call was it? 210 00:09:30,094 --> 00:09:31,698 Tommy Brannigan. 211 00:09:31,963 --> 00:09:33,909 He was the lead detective. 212 00:09:33,965 --> 00:09:35,103 He was Homicide, 213 00:09:35,166 --> 00:09:37,908 as opposed to a slob like me from the precinct. 214 00:09:37,969 --> 00:09:40,974 He wasn't keen on going after anyone but Jenks. 215 00:09:41,173 --> 00:09:43,676 I opened my mouth one too many times 216 00:09:44,209 --> 00:09:46,052 back in the bag you go, Charlie. 217 00:09:46,111 --> 00:09:48,387 Brannigan was the one who busted you? 218 00:09:48,447 --> 00:09:50,222 No. Tommy's good people. 219 00:09:50,282 --> 00:09:52,990 As it turns out, he talked to this Sarno kid. 220 00:09:53,052 --> 00:09:54,122 ED: And? 221 00:09:54,186 --> 00:09:56,359 And I wish I had known that fact. 222 00:09:56,422 --> 00:09:58,197 I went over his head to a Captain. 223 00:09:58,257 --> 00:09:59,361 A week later, 224 00:09:59,425 --> 00:10:01,962 I'm walking a foot post in Washington Heights. 225 00:10:02,027 --> 00:10:04,907 Could've got back on the squad if I'd wanted, 226 00:10:04,964 --> 00:10:07,808 but the truth is, I'd rather be in uniform. 227 00:10:08,435 --> 00:10:10,073 Too much politics in being a detective. 228 00:10:10,937 --> 00:10:12,610 I don't know how you guys do it. 229 00:10:12,672 --> 00:10:15,676 Oh, we're different. We're in it for the money. 230 00:10:15,942 --> 00:10:17,012 Thanks, man. 231 00:10:20,747 --> 00:10:21,885 Tommy. 232 00:10:21,948 --> 00:10:23,689 You need anything from town? 233 00:10:24,584 --> 00:10:26,997 Your favorite Sunday, Lennie. Lamb on the spit? 234 00:10:27,054 --> 00:10:28,089 I'll be there, Peg. 235 00:10:28,556 --> 00:10:29,694 Nice to meet you, Ed. 236 00:10:30,057 --> 00:10:31,866 Oh, you're welcome, too, of course. 237 00:10:31,926 --> 00:10:32,961 Thank you, Mrs. Brannigan. 238 00:10:35,930 --> 00:10:38,342 (DOOR OPENS AND CLOSES) 239 00:10:38,399 --> 00:10:40,606 Sarno. I think I remember him. 240 00:10:40,835 --> 00:10:41,836 He was a skinny kid. 241 00:10:42,303 --> 00:10:44,613 Your notes on the interview are missing. 242 00:10:45,840 --> 00:10:47,285 That doesn't make sense. 243 00:10:47,341 --> 00:10:49,048 But Charlie Curran says you did talk to him. 244 00:10:49,110 --> 00:10:50,852 Right. BRISCOE: And? 245 00:10:51,279 --> 00:10:52,349 He had an alibi. 246 00:10:52,414 --> 00:10:53,791 So did the plumber. 247 00:10:57,953 --> 00:11:00,194 Kid didn't have a record, which Jenks did. 248 00:11:00,388 --> 00:11:02,732 Kid was away at college, which Jenks wasn't. 249 00:11:03,024 --> 00:11:05,402 Kid had his old man who was a citizen, 250 00:11:05,460 --> 00:11:08,407 not to mention an Ambassador, backing him up. 251 00:11:09,197 --> 00:11:11,143 Who should I have believed? 252 00:11:15,972 --> 00:11:19,351 You understand this was all before my time. 253 00:11:19,408 --> 00:11:23,185 We just need to know if Mr. Sarno was here on the day in question. 254 00:11:23,246 --> 00:11:26,420 We consider all aspects of our students' records to be privileged. 255 00:11:26,482 --> 00:11:27,517 BRISCOE: We don't. 256 00:11:27,583 --> 00:11:29,529 We can always come back with a subpoena. 257 00:11:29,585 --> 00:11:32,498 But we couldn't guarantee the press wouldn't get wind of it. 258 00:11:34,891 --> 00:11:36,871 Mr. Sarno was not on campus. 259 00:11:36,926 --> 00:11:37,962 How do you know? 260 00:11:38,028 --> 00:11:40,634 He was suspended on the complaint of a young lady. 261 00:11:40,697 --> 00:11:41,732 ED: Fellow student? 262 00:11:41,799 --> 00:11:44,973 Local girl. After a full and fair hearing, 263 00:11:45,035 --> 00:11:47,345 he returned to the university a year later. 264 00:11:47,404 --> 00:11:48,610 What was he suspended for? 265 00:11:52,142 --> 00:11:55,316 Will this information be treated with discretion? 266 00:11:55,579 --> 00:11:58,219 It was nothing. I don't want to talk about it. 267 00:11:58,282 --> 00:12:00,387 Nothing? The scion of the Sarno family 268 00:12:00,450 --> 00:12:02,260 was tossed off campus on your say so. 269 00:12:02,320 --> 00:12:03,492 What did he do? 270 00:12:03,555 --> 00:12:06,559 Why does it matter? It was so long ago. 271 00:12:06,624 --> 00:12:09,332 Did I mention we're homicide detectives? 272 00:12:12,297 --> 00:12:14,106 I was seeing Michael. 273 00:12:14,232 --> 00:12:16,769 I met him at the bar where I waitressed. 274 00:12:16,835 --> 00:12:19,338 We both knew it wasn't going anywhere. 275 00:12:19,404 --> 00:12:21,008 I mean, he was a Sarno 276 00:12:21,072 --> 00:12:23,951 and I lived with my mother in a trailer park. 277 00:12:24,008 --> 00:12:25,317 But it was exciting. 278 00:12:25,377 --> 00:12:26,788 Then why the complaint? 279 00:12:27,947 --> 00:12:30,393 It was after a keg party on campus. 280 00:12:30,883 --> 00:12:33,727 I was supposed to be Michael's townie date. 281 00:12:34,153 --> 00:12:36,895 I left him pawing some Chi Delt. 282 00:12:37,389 --> 00:12:41,166 Then all of a sudden I hear him pull up in his little red sports car 283 00:12:41,227 --> 00:12:43,537 that I loved going for rides in. 284 00:12:44,096 --> 00:12:45,200 He was drunk. 285 00:12:45,865 --> 00:12:48,004 He started putting his hands on me. 286 00:12:48,067 --> 00:12:49,376 What'd he do? 287 00:12:49,436 --> 00:12:51,473 He pushed me down. I hit him, 288 00:12:51,538 --> 00:12:53,882 then he hit me, then he raped me. 289 00:12:55,008 --> 00:12:57,579 I reported it to the school administration. 290 00:12:57,644 --> 00:12:59,385 I got a call from Sarno's father. 291 00:12:59,613 --> 00:13:00,956 Why didn't you call the police? 292 00:13:01,014 --> 00:13:02,789 Did Sarno threaten you? 293 00:13:03,383 --> 00:13:05,021 You don't get it. 294 00:13:05,185 --> 00:13:07,222 The Sarnos don't threaten. 295 00:13:07,520 --> 00:13:08,828 They don't have to. 296 00:13:09,222 --> 00:13:11,702 His father wrote a check I signed a paper. 297 00:13:11,758 --> 00:13:12,863 Paper saying what? 298 00:13:13,160 --> 00:13:15,606 That I had consensual sex with him. 299 00:13:16,063 --> 00:13:17,974 I was working two jobs. 300 00:13:18,299 --> 00:13:21,007 Back then, it seemed like a lot of money. 301 00:13:23,037 --> 00:13:26,610 My client knew Marybeth Mosley. He liked Marybeth Mosley. 302 00:13:27,341 --> 00:13:29,685 But he absolutely did not rape or kill her. 303 00:13:29,744 --> 00:13:31,883 And Stephanie Luchien at college? 304 00:13:31,946 --> 00:13:33,186 Your client like her, too? 305 00:13:33,247 --> 00:13:34,555 That was consensual. 306 00:13:34,615 --> 00:13:35,686 Michael, please. 307 00:13:35,751 --> 00:13:37,355 NATHANSON: You know, your insinuation's absurd. 308 00:13:37,419 --> 00:13:40,161 Miss Luchien signed a sworn statement to that 20 years ago. 309 00:13:40,222 --> 00:13:42,361 You pay off every girl he attacks? 310 00:13:42,424 --> 00:13:43,494 Cheaper to marry him off. 311 00:13:43,558 --> 00:13:44,593 Detective. 312 00:13:44,660 --> 00:13:46,298 NATHANSON: All right. 313 00:13:46,828 --> 00:13:49,832 Michael, Mr. Ambassador, come on. 314 00:13:50,632 --> 00:13:52,236 These people have nothing. 315 00:13:52,768 --> 00:13:54,145 Uh... (CLEARS THROAT) 316 00:13:54,836 --> 00:13:58,374 If you anticipate using Stephanie Luchien as a pattern of rape witness, 317 00:13:58,440 --> 00:13:59,977 Miss Carmichael, think again. 318 00:14:00,043 --> 00:14:02,922 And when you do, think about your witnesses. 319 00:14:02,979 --> 00:14:06,620 Invalids who can't even remember their own names or are dead or missing, 320 00:14:06,683 --> 00:14:07,923 along with half the physical evidence. 321 00:14:07,984 --> 00:14:09,895 That's enough. Barry, let's go. 322 00:14:09,953 --> 00:14:11,557 All right. Gentlemen, Miss Carmichael. 323 00:14:14,557 --> 00:14:15,627 Now what? 324 00:14:16,693 --> 00:14:20,835 Remember what the Luchien girl said about the little red sports car? 325 00:14:21,030 --> 00:14:23,477 You want to check the DMV for citations? 326 00:14:23,534 --> 00:14:25,878 That's how they nabbed Berkowitz. 327 00:14:26,937 --> 00:14:30,350 No. Nothing registered to a Michael Sarno. 328 00:14:30,407 --> 00:14:32,284 A red sports car. 329 00:14:32,343 --> 00:14:34,584 Like 1980, '81? 330 00:14:34,645 --> 00:14:38,320 Sorry. Database is not set up for a model search. 331 00:14:38,382 --> 00:14:40,862 Okay, try any variation on Sarno. 332 00:14:41,318 --> 00:14:43,195 Maybe we'll get lucky. 333 00:14:45,789 --> 00:14:47,463 Got a Peter Sarno. 334 00:14:47,559 --> 00:14:48,936 The Ambassador. 335 00:14:48,994 --> 00:14:51,600 Peter Sarno owned three sedans 336 00:14:51,663 --> 00:14:54,269 and a vintage TR6. Red. 337 00:14:54,532 --> 00:14:56,443 Triumph. Kid's ride. 338 00:14:56,801 --> 00:15:00,339 With a parking citation issued in the Borough of Manhattan, 339 00:15:00,405 --> 00:15:03,614 August 21st, 1981. 340 00:15:04,175 --> 00:15:05,313 The day of the murder. 341 00:15:05,377 --> 00:15:07,357 DMV can't even spell my name right, 342 00:15:07,412 --> 00:15:09,688 and they got a 20-year-old ticket in the system? 343 00:15:09,748 --> 00:15:10,819 Go figure. 344 00:15:11,650 --> 00:15:13,027 Hey, we know Sarno's the guy. 345 00:15:13,085 --> 00:15:14,564 We just can't find anything to lock it down. 346 00:15:14,620 --> 00:15:17,567 Nothing further on the kid's whereabouts on the day of the killing? 347 00:15:17,623 --> 00:15:21,070 His car was in New York, but nobody we talked to puts him with it. 348 00:15:21,127 --> 00:15:22,504 And we talked to everybody. 349 00:15:22,561 --> 00:15:25,940 Well, if it's obvious to the two of you 20 years later, 350 00:15:25,998 --> 00:15:28,410 how did Brannigan manage to miss it at the time? 351 00:15:28,467 --> 00:15:31,380 Looks like he has a hard time believing an ambassador would know how to lie. 352 00:15:31,437 --> 00:15:34,112 Tommy Brannigan's the best pure cop lever knew. 353 00:15:34,174 --> 00:15:35,244 (KNOCK AT DOOR) 354 00:15:35,308 --> 00:15:37,982 Lieutenant, this guy'd like to have a word with you. 355 00:15:38,045 --> 00:15:39,285 Can't you handle it? 356 00:15:39,479 --> 00:15:41,390 It's about the Mosley case. 357 00:15:41,448 --> 00:15:42,586 Ah. Thanks. 358 00:15:46,319 --> 00:15:48,560 PALEY: I saw in the paper that the Mosley case 359 00:15:48,622 --> 00:15:51,102 was being investigated again, and it... 360 00:15:51,158 --> 00:15:55,664 It made me remember this thing that this guy said one time. 361 00:15:55,729 --> 00:15:56,799 ED: What guy? 362 00:15:56,863 --> 00:15:58,172 I can't tell you that. 363 00:15:58,232 --> 00:16:00,041 What can you tell us? 364 00:16:01,335 --> 00:16:04,214 This guy said he killed a girl. 365 00:16:05,106 --> 00:16:08,519 He said he beat her with a ratchet after a night of drinking. 366 00:16:09,277 --> 00:16:11,518 I know he knew the Mosley girl. 367 00:16:12,880 --> 00:16:14,018 I think it was her. 368 00:16:14,082 --> 00:16:15,925 How did he come to tell you this? 369 00:16:16,784 --> 00:16:19,856 We were in rehab together. It was in a meeting. 370 00:16:20,121 --> 00:16:21,328 ED: For this information to be of any use, 371 00:16:21,390 --> 00:16:23,199 you're gonna have to tell us who the guy is. 372 00:16:23,258 --> 00:16:25,898 I'm not at liberty to say who it is. 373 00:16:25,961 --> 00:16:27,702 Why did you come here, Mr. Paley? 374 00:16:27,763 --> 00:16:29,037 I don't know. I... 375 00:16:30,132 --> 00:16:32,305 I was afraid maybe you'd arrest the wrong guy. 376 00:16:32,367 --> 00:16:34,870 And how does this stop us from doing that? 377 00:16:34,937 --> 00:16:38,578 Well, you could maybe tell me who it is that you're gonna arrest, 378 00:16:38,640 --> 00:16:42,588 and I could tell you if it was the same guy or not. 379 00:16:43,011 --> 00:16:46,585 Lieutenant, would you and Detective Green excuse us for a minute? 380 00:16:46,649 --> 00:16:47,753 Sure. 381 00:16:53,690 --> 00:16:55,169 (DOOR CLOSES) 382 00:16:57,694 --> 00:16:59,401 How much time you got in? 383 00:17:01,030 --> 00:17:02,475 Two and a half years. 384 00:17:02,532 --> 00:17:04,842 I'll have five years. February 5th. 385 00:17:04,901 --> 00:17:07,381 So you know. I can't say a name. 386 00:17:09,073 --> 00:17:10,950 Yeah, but I know this. 387 00:17:11,442 --> 00:17:16,516 There's a woman out there who lost a daughter, who deserves some closure. 388 00:17:17,114 --> 00:17:20,721 And there's a bunch of cops trying very hard to find out 389 00:17:20,785 --> 00:17:22,992 who committed a murder 20 years ago. 390 00:17:23,053 --> 00:17:26,000 Now, maybe they're gonna arrest the right person. 391 00:17:26,056 --> 00:17:29,003 But there's always a chance they could arrest the wrong person. 392 00:17:29,059 --> 00:17:31,005 So what are you saying I should do? 393 00:17:32,764 --> 00:17:35,210 Ask your higher power what's right. 394 00:17:39,204 --> 00:17:40,808 Michael Sarno, you're under arrest 395 00:17:40,872 --> 00:17:42,317 for the murder of Marybeth Mosley. 396 00:17:42,374 --> 00:17:43,853 Dad. Not a word, Michael. 397 00:17:43,909 --> 00:17:44,944 Michael, trust me. You'll be fine. 398 00:17:45,010 --> 00:17:46,045 Are those necessary? 399 00:17:46,111 --> 00:17:47,647 Detective, my client's surrendering. 400 00:17:47,712 --> 00:17:50,318 Yeah, sure. If he gives us his word of honor never to do it again, 401 00:17:50,382 --> 00:17:52,794 we'll just forget the whole thing. 402 00:17:57,323 --> 00:18:00,202 Let's see, one count each, Murder in the Second Degree, 403 00:18:00,259 --> 00:18:02,261 Rape in the First Degree. 404 00:18:02,628 --> 00:18:04,505 1981? 405 00:18:04,964 --> 00:18:08,673 A little slow stepping up to the plate on this one, eh, Ms. Carmichael? 406 00:18:08,734 --> 00:18:09,906 Mr. Nathanson? 407 00:18:09,969 --> 00:18:11,971 Not guilty to all charges, Your Honor. 408 00:18:12,038 --> 00:18:13,540 CARMICHAEL: People request remand, Your Honor. 409 00:18:13,606 --> 00:18:15,051 The defendant is being charged with a murder 410 00:18:15,107 --> 00:18:17,485 he's taken pains to conceal for the past two decades. 411 00:18:17,543 --> 00:18:19,455 He's concealed nothing because he's done nothing. 412 00:18:19,513 --> 00:18:20,514 CARMICHAEL: He's confessed, Your Honor. 413 00:18:20,581 --> 00:18:21,616 NATHANSON: Nothing of the sort. 414 00:18:21,682 --> 00:18:22,854 And defense challenges the statement 415 00:18:22,916 --> 00:18:25,362 as uncorroborative of the underlying charges. 416 00:18:25,419 --> 00:18:26,625 It's a matter of fact for a jury, Judge. 417 00:18:26,687 --> 00:18:27,722 Your Honor, we... 418 00:18:27,788 --> 00:18:29,790 Save it for trial, Counselor. 419 00:18:29,857 --> 00:18:31,803 Bail is set at one million dollars. 420 00:18:34,595 --> 00:18:36,233 We'll post that before lunch. 421 00:18:36,296 --> 00:18:38,105 I'm happy for you both. 422 00:18:38,165 --> 00:18:39,269 Next. 423 00:18:40,901 --> 00:18:45,112 Ah, you see, J.J., what detectives do 90% of the time 424 00:18:45,173 --> 00:18:47,414 is sit around and drink coffee. 425 00:18:47,942 --> 00:18:49,444 And you got perfect timing, too. 426 00:18:49,511 --> 00:18:51,218 We were just gonna send down for lunch. 427 00:18:51,279 --> 00:18:52,383 ED: What's up, J.J.? 428 00:18:52,447 --> 00:18:54,586 You want me to take him downstairs and show him how to roll fingerprints? 429 00:18:54,649 --> 00:18:56,856 Very nice of you, Ed, but I don't want to be a bother. 430 00:18:56,918 --> 00:18:58,556 No bother. You want to go? 431 00:18:58,620 --> 00:18:59,724 Could I? 432 00:18:59,787 --> 00:19:00,891 Sure. 433 00:19:01,422 --> 00:19:03,527 BRANNIGAN: I'll be down for you in a second. 434 00:19:05,426 --> 00:19:07,065 Thanks for calling me about the collar. 435 00:19:07,196 --> 00:19:10,609 Oh, hey, after the boss, you were the first one to find out. 436 00:19:10,666 --> 00:19:13,442 I dug around in my notes for the name and address of this girl. 437 00:19:13,502 --> 00:19:16,574 Janice Trainor. She was Marybeth's girlfriend. 438 00:19:16,639 --> 00:19:18,812 I figured they might want her for a witness. 439 00:19:18,874 --> 00:19:20,046 Yeah, I'll let 'em know. 440 00:19:21,477 --> 00:19:22,547 You wouldn't happen to know 441 00:19:22,611 --> 00:19:25,091 whether they were planning on calling me as a witness, would you? 442 00:19:25,147 --> 00:19:26,455 No, I don't. 443 00:19:26,515 --> 00:19:28,517 Only reason I ask is I'm supposed to go down 444 00:19:28,584 --> 00:19:30,428 to my daughter's in Florida around then, 445 00:19:30,487 --> 00:19:33,434 and I'd be looking to buy the tickets couple of weeks in advance 446 00:19:33,490 --> 00:19:34,594 on account of the fare. 447 00:19:34,658 --> 00:19:36,160 You call in to the D.A.'s office? 448 00:19:36,226 --> 00:19:38,968 Ah, I don't want to be a pain in the ass. 449 00:19:40,030 --> 00:19:42,340 Give me a call if you hear anything, will you? 450 00:19:42,399 --> 00:19:43,776 You got it. 451 00:19:45,502 --> 00:19:47,038 And congratulations. 452 00:19:47,103 --> 00:19:48,946 Oh! Hey, we caught a break. 453 00:19:49,005 --> 00:19:50,814 I wish it had been me. 454 00:19:50,874 --> 00:19:53,286 But if it wasn't me, I'm glad it was you. 455 00:19:54,345 --> 00:19:55,983 Take care, Tommy. 456 00:20:00,451 --> 00:20:02,692 Nathanson is right behind me. 457 00:20:03,621 --> 00:20:05,294 What can we do for you, Barry? 458 00:20:05,356 --> 00:20:07,199 Ah, some preliminary matters. 459 00:20:07,959 --> 00:20:09,905 Like pleading your client to the top count? 460 00:20:09,961 --> 00:20:11,838 NATHANSON: Hey, hey, sense of humor. 461 00:20:11,896 --> 00:20:14,376 Something your predecessors lacked. I like that. 462 00:20:14,432 --> 00:20:17,437 Half your witnesses are dead or in need of nursing care. 463 00:20:17,502 --> 00:20:19,448 Missing evidence, contradictory statements. 464 00:20:19,504 --> 00:20:23,452 No, Mr. Sarno is not inclined to plead to anything. 465 00:20:23,508 --> 00:20:28,253 Fine. I'm curious to hear how he explains his confession to a jury. 466 00:20:28,313 --> 00:20:29,485 Confession? 467 00:20:29,548 --> 00:20:30,993 Doesn't pass the laugh test, Jack. 468 00:20:31,049 --> 00:20:32,050 Motion to suppress. 469 00:20:32,117 --> 00:20:34,825 Only person ever hears of my client's purported statements is a judge. 470 00:20:40,158 --> 00:20:41,695 "Sarno's alleged declaration," 471 00:20:41,761 --> 00:20:45,834 "ambiguous at best, is in any event inadmissible as privileged." 472 00:20:46,132 --> 00:20:48,408 Didn't you tell me Sarno confessed to a friend 473 00:20:48,468 --> 00:20:50,209 in a group therapy session? 474 00:20:50,269 --> 00:20:52,715 Yeah, Paley. He's the only one who wants to talk. 475 00:20:52,772 --> 00:20:54,046 He'll have to do. 476 00:20:54,107 --> 00:20:56,383 Every do-gooder in town's jumping on the Sarno bandwagon. 477 00:20:56,442 --> 00:20:58,649 Amicus briefs on the motion to suppress. 478 00:20:58,711 --> 00:21:01,317 AA, ACLU, AMA. 479 00:21:07,821 --> 00:21:09,960 Now, Doctor, you are a psychologist, 480 00:21:10,024 --> 00:21:11,697 licensed by the State of New York? 481 00:21:11,759 --> 00:21:12,794 I am. 482 00:21:12,860 --> 00:21:15,272 I'm also the director of the Morningside Clinic, 483 00:21:15,329 --> 00:21:17,900 a drug and alcohol rehabilitation institute. 484 00:21:17,965 --> 00:21:20,946 And you were leading a group therapeutic session on the morning in question? 485 00:21:21,001 --> 00:21:22,207 Yes, Mr. Nathanson. 486 00:21:22,269 --> 00:21:24,271 Mr. Sarno was one of four patients 487 00:21:24,338 --> 00:21:26,249 undergoing intensive counseling sessions 488 00:21:26,306 --> 00:21:29,015 as part of their treatment for alcohol addiction. 489 00:21:29,310 --> 00:21:33,019 Dr. Hermann, without revealing the remarks of any of the participants, 490 00:21:33,081 --> 00:21:34,321 is there any doubt in your mind 491 00:21:34,382 --> 00:21:38,558 that this session was conducted within the confines of a professional setting? 492 00:21:38,620 --> 00:21:40,395 No, none whatsoever. 493 00:21:43,591 --> 00:21:47,698 What's to stop a member of a group from telling someone, anyone, 494 00:21:48,029 --> 00:21:50,031 what was said in a therapy session? 495 00:21:50,098 --> 00:21:52,841 Legally, I'm not qualified to answer, sir. 496 00:21:53,069 --> 00:21:54,309 Morally, ethically, 497 00:21:54,370 --> 00:21:57,783 I believe my patients feel bound by a sense of confidentiality. 498 00:21:57,840 --> 00:22:00,719 "What you hear here when you leave here, let it stay here." 499 00:22:00,776 --> 00:22:02,687 You're aware that notion has no legal effect? 500 00:22:02,745 --> 00:22:07,160 Objection. The witness has already stated that he holds no degree in jurisprudence. 501 00:22:07,216 --> 00:22:08,422 Sustained. 502 00:22:13,622 --> 00:22:16,069 As lead counsel, I speak for all parties. 503 00:22:16,126 --> 00:22:18,732 Whatever Mr. Sarno may have said 504 00:22:18,795 --> 00:22:21,867 falls under CPLR 4507. 505 00:22:21,932 --> 00:22:23,502 That section creates the privilege 506 00:22:23,567 --> 00:22:26,980 between a psychologist and one client. Singular. 507 00:22:27,037 --> 00:22:29,540 Mr. Sarno was in a group therapeutic session 508 00:22:29,606 --> 00:22:31,882 conducted within AA guidelines, 509 00:22:31,942 --> 00:22:33,819 supervised by a licensed psychologist. 510 00:22:33,877 --> 00:22:34,912 Your Honor... 511 00:22:34,978 --> 00:22:36,150 That's not just my position, Your Honor, 512 00:22:36,213 --> 00:22:38,386 but those of the American Civil Liberties Union 513 00:22:38,448 --> 00:22:40,986 and the American Medical Association and AA. 514 00:22:41,052 --> 00:22:42,622 Your Honor has their Amicus submissions. 515 00:22:42,687 --> 00:22:44,291 JACK: So we're on the same page. 516 00:22:44,355 --> 00:22:47,097 Your client did admit killing the Mosley girl? 517 00:22:47,158 --> 00:22:48,637 I make no such concession, Your Honor. 518 00:22:48,693 --> 00:22:51,037 JACK: Mr. Sarno made his statements in a room full of people. 519 00:22:51,095 --> 00:22:52,836 Their presence shatters any privilege. 520 00:22:52,897 --> 00:22:55,844 Not if they're all members of a therapeutic group. 521 00:22:55,900 --> 00:22:59,211 The privilege radiates from the psychologist to each member. 522 00:22:59,270 --> 00:23:00,647 People v. Wilkins, 523 00:23:00,705 --> 00:23:04,813 the privilege between psychologist and client should be viewed as broader, 524 00:23:04,877 --> 00:23:06,584 broader than doctor-patient. 525 00:23:06,645 --> 00:23:09,854 There is no confidentiality when others are included. 526 00:23:09,915 --> 00:23:12,896 The point of group therapy, all therapy is to heal 527 00:23:12,951 --> 00:23:14,521 through revelation and sharing. 528 00:23:14,586 --> 00:23:16,657 Where does it end, Your Honor? 529 00:23:16,722 --> 00:23:20,602 Privilege as such is designed to be as narrowly drawn as possible. 530 00:23:20,659 --> 00:23:21,797 Your Honor, be advised 531 00:23:21,860 --> 00:23:23,771 that the organizations represented here today 532 00:23:23,829 --> 00:23:25,433 are prepared to take this point on appeal 533 00:23:25,497 --> 00:23:27,444 all the way up to the nine wise souls in Washington, 534 00:23:27,500 --> 00:23:29,275 if necessary. Enough. 535 00:23:30,904 --> 00:23:35,512 The purpose of the statute conferring psychologist-client privilege is clear. 536 00:23:35,742 --> 00:23:39,554 Without unfettered communication between therapist and client, 537 00:23:39,612 --> 00:23:41,649 the therapeutic effect would suffer. 538 00:23:41,714 --> 00:23:45,321 That Mr. Sarno made statements in front of other clients 539 00:23:45,385 --> 00:23:47,058 I find immaterial. 540 00:23:47,187 --> 00:23:49,896 The motion to suppress is granted. 541 00:23:49,957 --> 00:23:51,994 Counsel is to pick a date for trial. 542 00:23:52,059 --> 00:23:53,231 Preferably a short one. 543 00:23:53,294 --> 00:23:54,796 (GAVEL POUNDS) 544 00:23:55,196 --> 00:23:56,607 Mr. McCoy... 545 00:23:56,864 --> 00:24:00,710 Mr. Nathanson tells me you have little in the way of evidence, 546 00:24:00,768 --> 00:24:03,977 and now you haven't got my son's statement either. 547 00:24:04,338 --> 00:24:05,681 All due respect, Mr. Ambassador, 548 00:24:05,739 --> 00:24:08,811 we have sufficient for conviction, as Judge Rivera indicated. 549 00:24:08,876 --> 00:24:11,720 Please, Mr. McCoy, we're not children here. 550 00:24:12,646 --> 00:24:15,628 I know the distance between a technical sufficiency and a conviction. 551 00:24:16,117 --> 00:24:17,562 What do you want, Mr. Sarno? 552 00:24:17,619 --> 00:24:20,498 I want what any parent in my position would. 553 00:24:20,555 --> 00:24:23,161 An end to the persecution of my boy. 554 00:24:23,225 --> 00:24:25,637 It's prosecution, not persecution. 555 00:24:25,961 --> 00:24:28,168 And we're doing this because we think your son is guilty. 556 00:24:28,230 --> 00:24:31,109 Please, spare me the fake pieties, Counselor. 557 00:24:31,166 --> 00:24:34,375 You're doing it to see your name in the paper. 558 00:24:38,174 --> 00:24:42,179 Missing murder weapon, no DNA, no eyewitness, no confession. 559 00:24:43,246 --> 00:24:46,250 And with Nathanson, you ain't seen nothing yet. 560 00:24:46,315 --> 00:24:48,124 So where do we start? 561 00:24:48,517 --> 00:24:51,726 I'll dazzle them in the courtroom as long as I can. 562 00:24:52,655 --> 00:24:54,566 See what you can dig up. 563 00:24:58,060 --> 00:25:00,666 CARMICHAEL: Okay, the M.E. at the time was Dr. Singh. 564 00:25:00,731 --> 00:25:02,005 Deceased. 565 00:25:02,232 --> 00:25:04,439 (SIGHS) There's no putting him on the stand. 566 00:25:04,501 --> 00:25:08,916 His report still establishes that Mosley was killed with a ratchet. 567 00:25:09,306 --> 00:25:12,378 Well, jurors aren't generally too taken with pieces of paper. 568 00:25:12,442 --> 00:25:14,683 And the ratchet itself is gone. 569 00:25:14,978 --> 00:25:16,423 Yeah. Now, how does that happen? 570 00:25:17,047 --> 00:25:19,288 Well, once an investigation is concluded, 571 00:25:19,349 --> 00:25:22,558 evidence is moved from one PP to a warehouse in Queens. 572 00:25:22,619 --> 00:25:25,066 Sometimes it gets lost, mislabeled. 573 00:25:25,289 --> 00:25:27,633 And what about before an investigation is concluded? 574 00:25:27,692 --> 00:25:29,296 It stays in the Property Room. 575 00:25:29,360 --> 00:25:30,395 Unless? 576 00:25:30,461 --> 00:25:34,466 Unless someone signs them out and we've looked for those logs, 577 00:25:34,532 --> 00:25:36,136 and they're nowhere to be found. 578 00:25:36,200 --> 00:25:38,441 Can we found out who made the entries in those logs? 579 00:25:38,503 --> 00:25:39,538 Sure. 580 00:25:39,604 --> 00:25:42,346 Maybe we'll actually find someone who's alive. 581 00:25:45,276 --> 00:25:47,552 CURRAN: At the time of the original investigation, 582 00:25:47,612 --> 00:25:51,720 I was assigned to assist the primary investigator in the collection of evidence. 583 00:25:51,784 --> 00:25:55,926 In that capacity, did you have occasion to visit the Sarno family home? 584 00:25:55,988 --> 00:25:57,058 I did. 585 00:25:57,122 --> 00:25:59,500 Specifically, I entered the underground parking area 586 00:25:59,558 --> 00:26:02,129 of the Sarno townhouse on 5th Avenue. 587 00:26:02,194 --> 00:26:05,664 Would you please tell the jury what, if anything, you observed there. 588 00:26:06,332 --> 00:26:08,778 Mr. Sarno maintained a well-equipped workroom, 589 00:26:08,834 --> 00:26:11,611 including an extensive collection of tools, 590 00:26:11,671 --> 00:26:14,015 among them was a large set of drivers and ratchets, 591 00:26:14,808 --> 00:26:17,550 missing from these was a one-inch driver. 592 00:26:22,916 --> 00:26:25,988 Nothing whatsoever of this witness, Your Honor. 593 00:26:28,488 --> 00:26:31,799 JACK: Marybeth Mosley, was she popular in school? 594 00:26:32,759 --> 00:26:34,932 I used to be so jealous of her. 595 00:26:34,994 --> 00:26:36,941 Her hair was so straight. 596 00:26:36,998 --> 00:26:40,207 Gorgeous skin. She was very popular. 597 00:26:40,267 --> 00:26:42,611 Did you know if she had feelings for the defendant? 598 00:26:43,404 --> 00:26:44,883 For awhile she did. 599 00:26:44,939 --> 00:26:46,941 He was funny, and he had a lot of charm, 600 00:26:47,008 --> 00:26:49,818 and he really made an effort to sweep her off her feet. 601 00:26:49,877 --> 00:26:51,550 One summer they wound up going out. 602 00:26:51,612 --> 00:26:54,286 Were you aware of what it was that made them stop going out? 603 00:26:54,348 --> 00:26:58,319 Michael wanted a full-on sexual relationship and Marybeth didn't. 604 00:26:58,619 --> 00:27:00,429 She was definite about it. 605 00:27:00,489 --> 00:27:02,093 He wouldn't take no for an answer. 606 00:27:02,157 --> 00:27:03,227 Objection. 607 00:27:03,291 --> 00:27:05,862 How on Earth does she know what my client would or would not 608 00:27:05,927 --> 00:27:09,670 have taken for an answer going back, what is it, 20 years in time? 609 00:27:09,731 --> 00:27:11,074 Sustained. 610 00:27:12,067 --> 00:27:16,106 Ms. Trainor, was there a time when, in your presence, 611 00:27:16,171 --> 00:27:19,516 Marybeth Mosley physically rejected Mr. Sarno? 612 00:27:19,574 --> 00:27:21,417 We were at a school dance. 613 00:27:21,476 --> 00:27:23,980 Afterwards, a bunch of us went for burgers. 614 00:27:24,046 --> 00:27:26,151 Michael sat beside Marybeth. 615 00:27:26,849 --> 00:27:28,590 He put his hands on her. 616 00:27:28,651 --> 00:27:30,528 I'm pretty sure he was drunk. 617 00:27:30,586 --> 00:27:32,361 She told him to stop. He wouldn't. 618 00:27:32,422 --> 00:27:34,527 She threw a basket of fries in his lap. 619 00:27:34,590 --> 00:27:36,160 That slow him down a bit? 620 00:27:36,225 --> 00:27:39,798 No. And when she started to cry, he laughed at her. 621 00:27:40,396 --> 00:27:43,309 He said he could have her anytime he wanted. 622 00:27:43,699 --> 00:27:46,772 Thank you, Ms. Trainor. I have nothing further. 623 00:27:53,777 --> 00:27:55,916 Those his words, Ms. Trainor? 624 00:27:56,413 --> 00:27:57,790 "I can have you anytime I want"? 625 00:27:58,649 --> 00:28:01,129 It's hard to remember exactly after 20 years. 626 00:28:01,452 --> 00:28:06,367 So your response to Mr. McCoy's question was, what, inexact or invented? 627 00:28:06,757 --> 00:28:07,895 Objection. 628 00:28:07,958 --> 00:28:09,198 No, I'm going to allow it. 629 00:28:09,259 --> 00:28:11,240 I was trying to remember. 630 00:28:11,429 --> 00:28:14,205 Anyone from the District Attorney's Office help you to remember? 631 00:28:14,265 --> 00:28:15,608 Objection. 632 00:28:15,667 --> 00:28:17,578 JUDGE RIVERA: Sustained. 633 00:28:18,670 --> 00:28:22,117 Ms. Trainor, did you relate any part 634 00:28:23,041 --> 00:28:26,386 of this tale of rejection to the police 20 years ago? 635 00:28:26,444 --> 00:28:28,117 I spoke to a detective, yes. 636 00:28:28,179 --> 00:28:29,988 So it's your testimony as you sit here today, 637 00:28:30,048 --> 00:28:32,927 that you told an NYPD detective that my client was, 638 00:28:32,984 --> 00:28:34,396 what, going out with Miss Mosley? 639 00:28:34,453 --> 00:28:35,488 Yes. 640 00:28:35,554 --> 00:28:38,194 That he was actively sexually pursuing her? 641 00:28:38,757 --> 00:28:39,827 Yes. 642 00:28:39,925 --> 00:28:42,269 Your Honor, I call for the production of police reports 643 00:28:42,328 --> 00:28:44,638 reflecting the statements of this witness. 644 00:28:44,697 --> 00:28:46,005 Counsel, step up. 645 00:28:49,735 --> 00:28:51,544 Do you have this, Mr. McCoy? 646 00:28:51,604 --> 00:28:54,847 Judge, it's been 20 years. Some of the documentation has been mislaid. 647 00:28:54,907 --> 00:28:57,752 My client's accused of murder and Mr. McCoy pleads sloppiness? 648 00:28:57,811 --> 00:28:58,846 This is unbelievable. 649 00:28:58,912 --> 00:29:01,688 Oh, save the histrionics for the closing, Barry. 650 00:29:01,748 --> 00:29:04,558 JACK: Whether she spoke to a detective 20 years ago is immaterial. 651 00:29:04,618 --> 00:29:05,892 She's here now. 652 00:29:05,952 --> 00:29:08,956 Your Honor, they're pulling an O.J. in reverse. 653 00:29:09,022 --> 00:29:12,333 Instead of planting evidence, they're framing my client with the absence of it. 654 00:29:12,392 --> 00:29:13,837 That's an outrageous accusation. 655 00:29:13,894 --> 00:29:16,238 I move to strike the witness's testimony in its entirety. 656 00:29:16,296 --> 00:29:17,502 Denied. 657 00:29:17,664 --> 00:29:19,974 Well, I reserve the right to argue in closing 658 00:29:20,033 --> 00:29:24,278 that the testimony is unsupported by documents and that it's fabricated. 659 00:29:25,640 --> 00:29:27,517 Granted. Now step back. 660 00:29:32,346 --> 00:29:35,452 HOPP: I wasn't always in the Property Room, you know. 661 00:29:35,917 --> 00:29:38,989 1963, I was wounded in a shootout. 662 00:29:39,053 --> 00:29:41,033 One of the Chinese gangs down on East Broadway. 663 00:29:41,088 --> 00:29:42,123 Really? 664 00:29:42,189 --> 00:29:44,363 And don't think I didn't make a collar anyway. 665 00:29:44,426 --> 00:29:45,700 Two of 'em. Yeah. 666 00:29:45,761 --> 00:29:48,708 I walked 'em out with my arm in a sling (LAUGHS) 667 00:29:48,764 --> 00:29:49,765 Could show you pictures. 668 00:29:49,832 --> 00:29:50,902 Well, actually... 669 00:29:50,966 --> 00:29:54,311 A young woman was killed around 1980. 670 00:29:54,369 --> 00:29:56,144 A Marybeth Mosley. 671 00:29:56,204 --> 00:29:59,185 The evidence from her case disappeared from the Property Room. 672 00:29:59,241 --> 00:30:00,549 Mosley. 673 00:30:01,209 --> 00:30:02,882 Oh, wait a minute. 674 00:30:03,078 --> 00:30:04,216 She was killed with a wrench. 675 00:30:04,279 --> 00:30:05,383 A ratchet, yes. 676 00:30:06,381 --> 00:30:07,519 1980? 677 00:30:07,583 --> 00:30:08,756 Right. 678 00:30:09,719 --> 00:30:11,255 So we weren't on Broome Street anymore. 679 00:30:11,321 --> 00:30:13,562 Do you remember anything out of the ordinary? 680 00:30:13,623 --> 00:30:17,730 Well, I remember some guy trying to check things out without signing for 'em. 681 00:30:17,794 --> 00:30:19,774 In fact, it was a wrench, if I do recall. 682 00:30:19,829 --> 00:30:21,536 Do you remember who? 683 00:30:21,597 --> 00:30:24,339 Some detective. I don't remember his name. 684 00:30:24,701 --> 00:30:29,047 Oh, driving for Inspector Holsick is what he told me. 685 00:30:30,173 --> 00:30:32,950 I said, "I don't care who you're driving for, Skippy." 686 00:30:33,010 --> 00:30:35,456 "You sign the ledger or you're not taking out nothing." 687 00:30:35,512 --> 00:30:36,547 And did he? 688 00:30:37,014 --> 00:30:39,051 You're damned right he did. 689 00:30:39,717 --> 00:30:42,698 JACK: Finally, Detective, did you attempt to retrieve 690 00:30:42,753 --> 00:30:44,994 the clothing Marybeth Mosley was wearing 691 00:30:45,055 --> 00:30:48,298 on the day she was killed from the Police Property Clerk's office? 692 00:30:48,359 --> 00:30:49,394 Yes. 693 00:30:49,460 --> 00:30:50,996 And the murder weapon? 694 00:30:51,061 --> 00:30:55,169 We... My partner and I were told that they couldn't be located. 695 00:30:55,233 --> 00:30:58,806 Did the Property Clerk have any explanation for why the items were missing? 696 00:30:58,870 --> 00:31:00,543 He said they might have been lost 697 00:31:00,605 --> 00:31:03,085 during the course of a move to a new building. 698 00:31:04,175 --> 00:31:06,781 Thank you, Detective. Nothing further. 699 00:31:12,617 --> 00:31:16,258 You've never laid eyes on the alleged murder weapon, have you, Detective? 700 00:31:16,321 --> 00:31:18,928 Well, I've never seen the dark side of the Moon either, Counselor, 701 00:31:18,991 --> 00:31:20,470 but I know it exists. 702 00:31:20,526 --> 00:31:22,130 Maybe that's where the ratchet is. 703 00:31:22,194 --> 00:31:24,003 (SCOFFS) Yeah, I couldn't say. 704 00:31:24,063 --> 00:31:25,838 Nor can anyone else. 705 00:31:26,666 --> 00:31:28,805 Which may mean, could it not, 706 00:31:28,868 --> 00:31:31,610 that the ratchet purportedly missing from the Sarno's garage 707 00:31:31,671 --> 00:31:33,446 wasn't the murder weapon at all? 708 00:31:33,506 --> 00:31:36,009 That the murder weapon was, in fact, 709 00:31:36,943 --> 00:31:39,549 a hammer or a paperweight. 710 00:31:39,612 --> 00:31:41,649 Well, I guess anything's possible. 711 00:31:43,483 --> 00:31:45,258 And nothing further. 712 00:31:47,955 --> 00:31:51,801 NATHANSON: Michael, how well did you know Marybeth Mosley then? 713 00:31:52,192 --> 00:31:54,172 We dated for one summer. 714 00:31:54,628 --> 00:31:56,767 Mostly we were just friends. 715 00:31:56,997 --> 00:31:58,101 Ever kiss her? 716 00:31:58,899 --> 00:32:00,003 Sure. 717 00:32:00,600 --> 00:32:02,477 Ever have sexual relations with her? 718 00:32:02,536 --> 00:32:03,776 No, sir. 719 00:32:04,237 --> 00:32:07,219 Michael, we've heard testimony that you struck Miss Mosley. 720 00:32:07,275 --> 00:32:08,515 Totally untrue. 721 00:32:08,576 --> 00:32:11,523 We've heard testimony that in front of others 722 00:32:11,579 --> 00:32:14,185 you swore you could have her whenever you wanted. 723 00:32:14,248 --> 00:32:17,923 Look, I don't remember what I said 20 years ago. 724 00:32:18,886 --> 00:32:22,265 Could I have said something like that fooling around? Sure. 725 00:32:22,323 --> 00:32:24,667 But that's what it was. Fooling around. 726 00:32:31,867 --> 00:32:34,973 Michael, did you murder Marybeth Mosley? 727 00:32:35,938 --> 00:32:37,474 I did not, sir. 728 00:32:38,207 --> 00:32:39,948 Thank you, Michael. 729 00:32:41,877 --> 00:32:43,151 Nothing further, Your Honor. 730 00:32:44,947 --> 00:32:49,418 Do you remember telling Detective Thomas Brannigan that you were in college... 731 00:32:49,485 --> 00:32:50,987 (DOOR OPENING) 732 00:32:51,653 --> 00:32:54,863 That you were in college in New Hampshire 733 00:32:54,924 --> 00:32:57,530 on the day Marybeth Mosley was murdered? 734 00:32:57,594 --> 00:32:58,868 Yes, sir. 735 00:33:02,398 --> 00:33:03,809 Was that the truth? 736 00:33:04,834 --> 00:33:06,074 No, sir. 737 00:33:06,803 --> 00:33:08,942 I'd been suspended from college. 738 00:33:09,005 --> 00:33:10,712 I didn't want my father to find out. 739 00:33:10,774 --> 00:33:13,414 And you weren't in New York City 740 00:33:13,476 --> 00:33:15,683 on the day Marybeth Mosley was killed? 741 00:33:15,745 --> 00:33:16,986 No, sir. 742 00:33:17,381 --> 00:33:19,019 But your car was? 743 00:33:24,355 --> 00:33:27,632 Your Honor, would you direct the witness to answer? 744 00:33:27,892 --> 00:33:29,235 Mr. Sarno. 745 00:33:32,263 --> 00:33:33,936 I didn't own a car, Mr. McCoy. 746 00:33:33,998 --> 00:33:36,376 All right, your father's car. 747 00:33:36,934 --> 00:33:38,914 A Triumph model TR6, 748 00:33:38,969 --> 00:33:43,578 which you routinely drove back and forth to college 749 00:33:43,642 --> 00:33:45,451 and used as your own. 750 00:33:45,544 --> 00:33:49,993 Was it, sir, in New York City the day of the murder? 751 00:33:50,182 --> 00:33:51,252 Not to my knowledge. 752 00:33:51,316 --> 00:33:55,765 Do you know how that car came to have a parking violation 753 00:33:55,821 --> 00:33:58,233 issued by the New York City Police on that day? 754 00:33:58,290 --> 00:33:59,530 NATHANSON: Objection. 755 00:33:59,591 --> 00:34:02,094 If the witness had no knowledge of the car's whereabouts 756 00:34:02,160 --> 00:34:04,071 how can he possibly answer that question? 757 00:34:04,129 --> 00:34:05,234 Sustained. 758 00:34:05,298 --> 00:34:08,040 JACK: I have no further questions at this time. 759 00:34:08,100 --> 00:34:11,638 I reserve the right to recall at a later date. 760 00:34:17,510 --> 00:34:18,545 Got anything? 761 00:34:18,611 --> 00:34:20,818 We need to talk to Brannigan. 762 00:34:24,517 --> 00:34:27,157 What is it with you guys and this case? 763 00:34:27,753 --> 00:34:29,529 That's 20 years ago. 764 00:34:29,890 --> 00:34:32,564 There's no statute of limitations on murder. 765 00:34:35,629 --> 00:34:39,475 You know how many cases I've handled in the 23 years I was on the job? 766 00:34:40,033 --> 00:34:42,570 I don't remember details of one case. 767 00:34:43,136 --> 00:34:46,345 You don't remember anyone getting rid of evidence? 768 00:34:50,310 --> 00:34:51,722 No, I don't. 769 00:34:53,982 --> 00:34:55,393 Was there anyone in the police department 770 00:34:55,450 --> 00:34:58,294 who tried to influence the way you conducted the investigation? 771 00:35:00,889 --> 00:35:02,197 What are you saying? 772 00:35:03,892 --> 00:35:05,894 We're asking the question. 773 00:35:07,896 --> 00:35:10,843 I mean, this is just a friendly conversation. 774 00:35:11,432 --> 00:35:14,970 Do you know how it happened that evidence disappeared from Property Room? 775 00:35:22,378 --> 00:35:25,450 No. No, I don't. 776 00:35:25,848 --> 00:35:27,657 I don't know nothing. 777 00:35:47,037 --> 00:35:48,948 NATHANSON: Now, you were in charge of the investigation 778 00:35:49,005 --> 00:35:51,451 into Marybeth Mosley's death, were you not? 779 00:35:51,508 --> 00:35:52,680 I was. 780 00:35:53,343 --> 00:35:57,587 And you conducted that investigation in the immediate aftermath of her death? 781 00:35:57,647 --> 00:35:58,682 Right. 782 00:35:59,316 --> 00:36:02,890 So the people who knew the defendant, who knew the victim, 783 00:36:03,955 --> 00:36:07,903 their recollection of people, places and things, 784 00:36:07,959 --> 00:36:09,495 they would have been fresh then, would they not? 785 00:36:09,560 --> 00:36:10,971 Objection. Leading. 786 00:36:11,996 --> 00:36:13,066 Sustained. 787 00:36:13,130 --> 00:36:15,371 Did you consider Michael Sarno 788 00:36:16,033 --> 00:36:17,910 a suspect at the time? 789 00:36:18,069 --> 00:36:22,108 Tell you the truth, I don't remember loving anyone all that much for a suspect. 790 00:36:22,173 --> 00:36:23,208 NATHANSON: Well, as a matter of fact, 791 00:36:23,274 --> 00:36:25,982 wasn't the primary focus of your investigation 792 00:36:26,044 --> 00:36:28,115 a plumber who'd been working at the Mosley house? 793 00:36:28,180 --> 00:36:29,352 Right. 794 00:36:29,815 --> 00:36:31,726 I thought we had half a shot with the plumber. 795 00:36:34,086 --> 00:36:37,260 Well, why didn't you think you had half a shot with Michael Sarno? 796 00:36:37,322 --> 00:36:41,134 As far as we knew, he wasn't in New York at the time of the murder. 797 00:36:41,193 --> 00:36:42,797 It was the end of the story. 798 00:36:44,396 --> 00:36:46,307 I have nothing further. 799 00:37:02,649 --> 00:37:07,098 Do you think your opinion of the defendant's whereabouts would have changed 800 00:37:07,153 --> 00:37:11,226 if you knew his car had received a parking violation in New York 801 00:37:11,290 --> 00:37:12,496 at the time of the murder? 802 00:37:12,559 --> 00:37:17,509 As I recall, the car that received the parking ticket was registered to his father. 803 00:37:17,931 --> 00:37:19,001 But driven by the defendant. 804 00:37:19,800 --> 00:37:22,804 I don't recall having that information at the time. 805 00:37:22,870 --> 00:37:23,940 What about the fact 806 00:37:24,271 --> 00:37:27,548 that a one-inch drive ratchet was the murder weapon, 807 00:37:27,841 --> 00:37:32,256 and a one-inch drive ratchet was missing from the defendant's father's garage? 808 00:37:32,312 --> 00:37:35,020 Given the fact that we lost the murder weapon, 809 00:37:35,082 --> 00:37:37,461 I couldn't very well make a case out of that. 810 00:37:37,519 --> 00:37:39,556 Would you, by any chance, 811 00:37:39,621 --> 00:37:42,295 know how the murder weapon came to be lost? 812 00:37:42,357 --> 00:37:43,893 No, I wouldn't. 813 00:37:45,260 --> 00:37:48,901 Were you familiar with a police inspector named Alvin Holsick? 814 00:37:52,434 --> 00:37:54,414 Yeah, I knew Al Holsick. 815 00:37:55,070 --> 00:37:56,105 Were you aware 816 00:37:56,171 --> 00:37:59,015 that from the time of his retirement until his death two years ago 817 00:37:59,074 --> 00:38:01,749 he was working for the defendant's father 818 00:38:01,811 --> 00:38:05,452 and being paid more than a hundred thousand dollars a year? 819 00:38:06,315 --> 00:38:09,888 I don't know if I knew that at all. 820 00:38:09,952 --> 00:38:12,398 I kind of lost track when he took retirement. 821 00:38:12,455 --> 00:38:15,664 Were you aware that it was Alvin Holsick's driver 822 00:38:15,958 --> 00:38:18,336 who removed the murder weapon from the Property Room? 823 00:38:18,394 --> 00:38:20,806 Objection. Assuming facts not in evidence. 824 00:38:21,497 --> 00:38:22,737 I'll connect, Judge. 825 00:38:22,999 --> 00:38:25,071 Overruled, subject to connection. 826 00:38:28,538 --> 00:38:29,881 Detective? 827 00:38:32,109 --> 00:38:33,782 I don't know who took it. 828 00:38:36,980 --> 00:38:39,984 All right, Detective, I'm going to ask you a question, 829 00:38:40,050 --> 00:38:43,259 and I want you to think about it before you answer. 830 00:38:43,787 --> 00:38:47,462 Because what you say will be with you for the rest of your life. 831 00:38:50,962 --> 00:38:54,432 Did Inspector Holsick interfere with your investigation? 832 00:39:00,938 --> 00:39:02,918 Holsick looked after me. 833 00:39:04,275 --> 00:39:06,516 He said, "Sarno's not the guy." 834 00:39:07,378 --> 00:39:09,187 I was a little naive. 835 00:39:09,414 --> 00:39:12,191 I said, "I don't know, Inspector, I think maybe he is." 836 00:39:12,885 --> 00:39:16,355 He said, "You're not hearing me, Tommy. I'm telling you." 837 00:39:16,422 --> 00:39:18,231 "Sarno's not the guy." 838 00:39:19,424 --> 00:39:22,268 "And as soon as that proves to be the case," 839 00:39:22,394 --> 00:39:24,931 "you just made yourself First Grade." 840 00:39:25,631 --> 00:39:26,871 And how did your respond? 841 00:39:26,932 --> 00:39:29,344 I said, "What about the evidence?" 842 00:39:29,668 --> 00:39:32,114 He said, "Make sure that the murder weapon" 843 00:39:32,171 --> 00:39:35,210 "is checked into the Property Room." He'd take care of it. 844 00:39:35,275 --> 00:39:38,347 He said Sarno was spreading around enough cash 845 00:39:39,112 --> 00:39:41,956 that whatever's out there wouldn't bite us. 846 00:39:43,917 --> 00:39:45,055 Did you do what you were told? 847 00:39:45,118 --> 00:39:47,257 I made First Grade, didn't I? 848 00:39:49,422 --> 00:39:52,301 No special pins, nothing on the uniform. 849 00:39:52,358 --> 00:39:56,568 Just top Lieutenant's pay and every cop knows. 850 00:39:57,564 --> 00:39:59,977 My old man, rest his soul, 851 00:40:00,034 --> 00:40:02,878 he looked on First Graders like they walked on water. 852 00:40:02,937 --> 00:40:06,612 When I got it, I went down to the nursing home and I told him. 853 00:40:06,674 --> 00:40:09,814 I didn't tell him what I had to do to get it. 854 00:40:12,680 --> 00:40:15,957 That I had to let that murdering son of a bitch go. 855 00:40:22,089 --> 00:40:25,128 We're prepared to offer a plea of Manslaughter Two. 856 00:40:25,193 --> 00:40:28,037 Oh. As opposed to an acquittal? 857 00:40:28,096 --> 00:40:30,542 As opposed to giving this case to the jury, 858 00:40:30,599 --> 00:40:33,341 in which case, regardless of the verdict, 859 00:40:33,735 --> 00:40:36,238 we will prosecute Mr. Sarno Senior here 860 00:40:36,304 --> 00:40:40,116 for obstruction of justice and conspiracy to obstruct justice. 861 00:40:40,208 --> 00:40:41,482 Have you lost your mind? 862 00:40:41,543 --> 00:40:43,045 NATHANSON: Peter... I didn't have any... 863 00:40:43,111 --> 00:40:44,249 Peter, just hang on a second. 864 00:40:44,312 --> 00:40:46,054 Let's assume you have more than the say-so 865 00:40:46,115 --> 00:40:48,425 of this broken down cop to go on, which I don't think you do. 866 00:40:48,484 --> 00:40:51,988 You're talking about something that happened 20 years ago, Jack. 867 00:40:52,088 --> 00:40:54,898 Statute of limitations ran out a long time ago. Come on. 868 00:40:54,957 --> 00:40:57,961 We would argue that the conspiracy has been ongoing, 869 00:40:58,027 --> 00:41:00,837 and that since Mr. Sarno actively concealed his crime, 870 00:41:00,897 --> 00:41:03,070 the statute of limitations does not apply. 871 00:41:03,132 --> 00:41:05,009 Plea... Wrong on the facts, wrong on the law. 872 00:41:05,067 --> 00:41:06,910 Want to go to court on it? 873 00:41:06,969 --> 00:41:08,505 JACK: Take a chance on the Ambassador 874 00:41:08,571 --> 00:41:10,518 having an E-felony hung around his neck? 875 00:41:10,574 --> 00:41:12,485 He doesn't deserve that. 876 00:41:12,843 --> 00:41:14,413 Plead guilty and your father's off the hook. 877 00:41:14,478 --> 00:41:16,890 But I mean, he doesn't deserve it. 878 00:41:17,281 --> 00:41:20,160 If there was a crime, it was my crime. Why would you go after him? 879 00:41:20,217 --> 00:41:21,958 I'd like to talk to my son privately. 880 00:41:22,019 --> 00:41:23,760 Like how much time would I have to spend in jail 881 00:41:23,820 --> 00:41:25,493 for Manslaughter Two or whatever it is? 882 00:41:25,556 --> 00:41:28,196 Did you hear what I said, Michael? I'd like to talk to you privately. 883 00:41:28,258 --> 00:41:32,035 The sentencing recommendation would be eight-and-a-third to 12 years. 884 00:41:32,095 --> 00:41:34,474 PETER: Talk to me, don't talk to him. 885 00:41:34,532 --> 00:41:36,273 You're not his lawyer, Mr. Sarno. 886 00:41:36,334 --> 00:41:38,143 That's right, I'm his father. 887 00:41:38,203 --> 00:41:39,705 He's 39 years old. 888 00:41:39,771 --> 00:41:42,877 He's also loaded or haven't you noticed that yet? 889 00:41:45,410 --> 00:41:47,151 Michael, that true? 890 00:41:48,579 --> 00:41:49,853 I'm fine. 891 00:41:50,648 --> 00:41:53,356 All right, he can't participate in plea discussions, 892 00:41:53,418 --> 00:41:55,364 if he's intoxicated. Come on. 893 00:41:55,420 --> 00:41:58,231 Fine. We can continue without him. 894 00:42:00,025 --> 00:42:02,005 Or we can resume this tomorrow. 895 00:42:02,061 --> 00:42:03,404 I'm going to call your boss. 896 00:42:03,462 --> 00:42:05,908 I'm going to get both of you busted down the ranks. 897 00:42:05,965 --> 00:42:08,343 You will be lucky if they let you work arraignment 898 00:42:08,400 --> 00:42:11,040 from the drunk tank on Saturday nights! 899 00:42:11,437 --> 00:42:13,542 We don't have much of a social life as it is. 900 00:42:13,606 --> 00:42:15,051 Make whatever the arrangements are. 901 00:42:15,107 --> 00:42:16,211 I'll plead guilty to Manslaughter. 902 00:42:16,275 --> 00:42:17,720 I'm telling you to keep your mouth shut. 903 00:42:17,776 --> 00:42:19,380 You're a drunk you're a junkie. 904 00:42:19,445 --> 00:42:21,221 I'm also a murderer! 905 00:42:29,522 --> 00:42:31,866 Obviously we'll need to confirm 906 00:42:31,925 --> 00:42:35,873 he's not impaired when he enters his plea formally. 907 00:42:37,797 --> 00:42:39,834 You're going to answer for this. 908 00:42:41,901 --> 00:42:43,437 As will we all. 909 00:43:03,357 --> 00:43:04,529 Tommy? 910 00:43:05,793 --> 00:43:07,568 Tommy, you in there? 911 00:43:12,668 --> 00:43:14,170 There you are. 912 00:43:15,937 --> 00:43:19,316 My wife's been after me to fix this thing for a year. 913 00:43:20,542 --> 00:43:23,182 It's good you finally got around to it. 914 00:43:23,278 --> 00:43:25,485 Afraid I was gonna eat my gun? 915 00:43:27,316 --> 00:43:29,353 Now, why would you do that? 916 00:43:30,085 --> 00:43:31,827 I disgraced myself. 917 00:43:33,189 --> 00:43:34,862 Disgraced the job. 918 00:43:36,926 --> 00:43:38,667 You made a mistake. 919 00:43:39,262 --> 00:43:41,469 It's not the end of the world. 920 00:43:46,169 --> 00:43:47,648 I let him go. 921 00:43:49,005 --> 00:43:51,417 He killed a girl and I let him go. 922 00:43:53,576 --> 00:43:55,318 So now he's caught. 923 00:44:02,786 --> 00:44:04,697 You forgive me, Lennie? 924 00:44:08,692 --> 00:44:10,467 All day long, Tommy. 925 00:44:11,295 --> 00:44:12,774 All day long.