1 00:00:07,454 --> 00:00:09,127 NARRATOR: In the criminal justice system 2 00:00:09,189 --> 00:00:13,161 the people are represented by two separate yet equally important groups, 3 00:00:13,227 --> 00:00:15,036 the police who investigate crime 4 00:00:15,096 --> 00:00:17,906 and the district attorneys who prosecute the offenders. 5 00:00:17,966 --> 00:00:19,639 These are their stories. 6 00:00:21,536 --> 00:00:24,449 Okay, I got seven bags sourdough and 13 baguettes. 7 00:00:24,505 --> 00:00:26,280 Supposed to be 14 baguettes. 8 00:00:26,341 --> 00:00:27,615 Hey, I counted 'em twice. 9 00:00:27,675 --> 00:00:29,814 Look, just take three loaves out of each bag. 10 00:00:29,877 --> 00:00:32,221 Then they complain to me that it's light. 11 00:00:32,280 --> 00:00:34,386 Get out of here before they complain you're late. 12 00:00:45,127 --> 00:00:46,401 Oh, man. 13 00:00:49,398 --> 00:00:51,469 The bakery workers found her when they opened up this morning. 14 00:00:51,533 --> 00:00:52,603 Around about 5:30. 15 00:00:52,668 --> 00:00:54,011 Any ID? Nothing. 16 00:00:54,103 --> 00:00:56,710 I got some guys out looking in the trash cans for a purse. 17 00:00:56,773 --> 00:00:59,185 She's got bruises on her neck, Lennie. 18 00:00:59,376 --> 00:01:01,378 Her heel's practically broken off. 19 00:01:01,444 --> 00:01:03,321 SERGEANT: It's tough to run from somebody in those things. 20 00:01:03,380 --> 00:01:06,589 Sarge. I found this handbag two blocks over. 21 00:01:06,649 --> 00:01:07,957 Let me see that. 22 00:01:09,285 --> 00:01:10,628 It matches her outfit. 23 00:01:12,122 --> 00:01:14,625 Huh, just cigarettes and a lipstick. 24 00:01:14,691 --> 00:01:17,263 She could've been out late at one of these bars or restaurants around here. 25 00:01:17,328 --> 00:01:18,432 Or a party. 26 00:01:18,496 --> 00:01:19,668 Whoa! 27 00:01:19,730 --> 00:01:20,868 That looks like ecstasy. 28 00:01:21,365 --> 00:01:22,639 The party's over. 29 00:02:13,086 --> 00:02:15,430 Bruised neck, petechial hemorrhages in the eyes. 30 00:02:15,488 --> 00:02:16,899 You have a good, old-fashioned strangling. 31 00:02:16,956 --> 00:02:17,991 From the front or the back? 32 00:02:18,057 --> 00:02:19,695 Missionary position. 33 00:02:19,759 --> 00:02:21,363 His thumbs crushed her larynx. 34 00:02:21,461 --> 00:02:23,738 I make time of death between 1:00 and 2:00 a.m. 35 00:02:23,831 --> 00:02:25,777 So, he's choking her face to face. 36 00:02:25,833 --> 00:02:28,074 She must've tried to pry his hands loose. 37 00:02:28,135 --> 00:02:29,307 Any skin under her nails? 38 00:02:29,369 --> 00:02:31,144 No, my guess is the perp had gloves on. 39 00:02:31,271 --> 00:02:32,716 What about sexual assault? 40 00:02:32,773 --> 00:02:34,252 Everything's shipshape down there. 41 00:02:34,308 --> 00:02:36,083 Did you find MDMA in her tox screen? 42 00:02:36,577 --> 00:02:39,183 No ecstasy, but her blood alcohol was up there. 43 00:02:39,246 --> 00:02:40,816 Did you get a read on stomach contents? 44 00:02:40,881 --> 00:02:43,122 No, she hadn't eaten food in awhile. 45 00:02:43,350 --> 00:02:45,729 Her last meal was a sour apple martini. 46 00:02:46,688 --> 00:02:48,258 Straight up, or on the rocks? 47 00:02:49,390 --> 00:02:51,131 Do we have an ID on her? 48 00:02:51,192 --> 00:02:52,694 We're canvassing the neighborhood with a photo, 49 00:02:52,760 --> 00:02:53,795 but nothing so far. 50 00:02:53,862 --> 00:02:55,307 Too early for a Missing Persons report. 51 00:02:55,363 --> 00:02:56,364 Well, how about prints? 52 00:02:56,431 --> 00:02:57,432 She's not in the system. 53 00:02:57,499 --> 00:02:58,978 Hey, it was only a matter of time. 54 00:02:59,033 --> 00:03:01,411 The lab confirmed the 25 hits of ecstasy in her purse, 55 00:03:01,469 --> 00:03:03,449 and they couldn't have all been for recreational use. 56 00:03:03,505 --> 00:03:05,576 Well, this type of martini she was drinking... 57 00:03:05,640 --> 00:03:06,745 Sour apple. 58 00:03:06,809 --> 00:03:08,288 It's gonna be tough to figure out who serves 'em 59 00:03:08,344 --> 00:03:09,652 until the bars open up. 60 00:03:09,712 --> 00:03:12,124 Hope you guys have some basic black to change into. 61 00:03:14,116 --> 00:03:16,756 The bartender said you were working the lounge last night. 62 00:03:16,819 --> 00:03:18,389 Yeah, 9:00 to 4:00. 63 00:03:18,454 --> 00:03:20,593 Did you serve any sour apple martinis? 64 00:03:21,157 --> 00:03:22,329 Are they illegal now? 65 00:03:23,926 --> 00:03:25,633 Guys, where's your sense of humor? 66 00:03:25,694 --> 00:03:28,073 We lost it about seven bars ago. 67 00:03:28,131 --> 00:03:31,203 (SIGHS) Yeah, I served about 100 of those things. 68 00:03:31,668 --> 00:03:33,670 Did you serve any to her? 69 00:03:37,507 --> 00:03:38,679 What happened to her? 70 00:03:39,075 --> 00:03:41,055 She was killed a few blocks from here. 71 00:03:42,579 --> 00:03:45,560 Yeah, um, I served two or three to her, 72 00:03:45,615 --> 00:03:47,492 and few to the guy who was hitting on her. 73 00:03:47,551 --> 00:03:48,962 Either one of them a regular? 74 00:03:49,019 --> 00:03:50,294 I didn't recognize them. 75 00:03:50,354 --> 00:03:52,493 ED: Did you see the two of them leave together? 76 00:03:52,557 --> 00:03:53,831 Yeah, maybe. 77 00:03:53,891 --> 00:03:56,462 How'd they settle up, uh, credit or cash? 78 00:03:57,795 --> 00:03:59,433 His American Express Platinum. 79 00:03:59,497 --> 00:04:01,170 I'll get the charge slip from the manager. 80 00:04:02,967 --> 00:04:04,503 What is this about? 81 00:04:04,569 --> 00:04:07,140 You were at the Zircon lounge two nights ago? 82 00:04:07,338 --> 00:04:08,612 Uh, yeah. 83 00:04:09,140 --> 00:04:12,611 Uh, maybe you'd be more comfortable talking down at the precinct. 84 00:04:13,612 --> 00:04:14,647 What do you want to know? 85 00:04:15,314 --> 00:04:17,954 Who was the woman you were with that night, Mr. Gibson? 86 00:04:29,061 --> 00:04:30,267 A girl named Angela, all right. 87 00:04:30,329 --> 00:04:32,104 I met her at the bar around 11:30, 88 00:04:32,164 --> 00:04:33,438 and I bought her a few drinks. 89 00:04:33,498 --> 00:04:35,775 You buy anything else beside a few drinks? 90 00:04:35,835 --> 00:04:36,939 Like what? 91 00:04:38,104 --> 00:04:39,947 Like ecstasy, maybe? 92 00:04:40,306 --> 00:04:42,582 I get tested here, all right. 93 00:04:42,642 --> 00:04:45,282 I got her cell phone number, took a taxi home. Alone. 94 00:04:45,511 --> 00:04:46,717 She had a cell phone with her? 95 00:04:46,779 --> 00:04:49,623 Yeah, she went out a few times to take calls. 96 00:04:49,682 --> 00:04:51,855 I actually thought things were going pretty well, 97 00:04:51,918 --> 00:04:53,693 until she noticed some guy come into the bar. 98 00:04:53,753 --> 00:04:56,394 She gets up, she goes to the bathroom, she never comes back. 99 00:04:56,790 --> 00:04:58,098 I figured it was an old boyfriend. 100 00:04:58,158 --> 00:04:59,330 What did he look like? 101 00:04:59,760 --> 00:05:04,766 Uh, about 6'1 ", 6'2", my age, light hair, black jacket. 102 00:05:05,199 --> 00:05:06,473 I think he might've had a friend with him. 103 00:05:06,533 --> 00:05:07,807 What time did you get home? 104 00:05:07,868 --> 00:05:11,509 About 1:00,1:15. You can check with my doorman. 105 00:05:12,239 --> 00:05:13,445 We will. 106 00:05:13,507 --> 00:05:15,783 And, uh, we're gonna need that cell phone number. 107 00:05:23,285 --> 00:05:27,062 Lennie. Here she is. Angela Jarrell. 108 00:05:27,789 --> 00:05:29,496 Nicer than the one we got. 109 00:05:30,458 --> 00:05:31,630 Here's her wallet. 110 00:05:34,396 --> 00:05:37,673 Well, if the perp robbed her, all he got was her cell phone. 111 00:05:37,732 --> 00:05:39,405 Have you had any problems here? 112 00:05:39,467 --> 00:05:42,176 Nothing unusual. Complaints about her music. 113 00:05:42,238 --> 00:05:43,979 She's behind on her rent a few months. 114 00:05:44,073 --> 00:05:45,450 How much does she owe? 115 00:05:45,508 --> 00:05:48,250 About three grand. Her father used to send me a check 116 00:05:48,311 --> 00:05:49,722 from Minnesota or someplace. 117 00:05:49,779 --> 00:05:51,087 Then, about six months ago, 118 00:05:51,147 --> 00:05:52,990 she started giving me cash. 119 00:05:53,049 --> 00:05:54,790 That's when she fell behind. 120 00:05:54,884 --> 00:05:56,921 You know how we can get in touch with her parents? 121 00:05:57,153 --> 00:05:59,258 I'm sure it's on her rental application. 122 00:06:00,589 --> 00:06:03,469 My parents couldn't make the trip. They're in shock. 123 00:06:04,594 --> 00:06:07,074 My father says he'll never set foot in this place. 124 00:06:07,197 --> 00:06:08,471 Maybe he'll feel differently 125 00:06:08,532 --> 00:06:10,842 when we have your sister's killer on trial. 126 00:06:12,669 --> 00:06:15,843 Angela's dreamed of coming here since she was 10 years old. 127 00:06:15,906 --> 00:06:17,112 (INDISTINCT CHATTERING) 128 00:06:17,174 --> 00:06:19,620 I just can't believe this is how it ended. 129 00:06:22,746 --> 00:06:25,489 Did your sister ever mention what she was doing here, Ms. Jarrell? 130 00:06:26,417 --> 00:06:29,660 Well, she called about the auditions she went on, 131 00:06:29,721 --> 00:06:31,064 the parts she never got, 132 00:06:31,122 --> 00:06:32,726 some of the guys she met. 133 00:06:33,391 --> 00:06:36,270 Did she ever talk about having any trouble with any of them? 134 00:06:36,327 --> 00:06:37,362 No. 135 00:06:37,428 --> 00:06:38,873 Was she working at all? 136 00:06:38,930 --> 00:06:42,935 Well, my dad couldn't make ends meet and still pay her rent, 137 00:06:43,000 --> 00:06:45,173 so she took a job at a copy place. 138 00:06:45,938 --> 00:06:47,008 Where was that? 139 00:06:47,072 --> 00:06:50,019 She said it was on the same block as her apartment, 140 00:06:50,075 --> 00:06:52,612 so dad didn't have to worry about her on the subway at night. 141 00:06:53,145 --> 00:06:57,116 Ms. Jarrell, there isn't any copy place near where your sister lived. 142 00:07:00,119 --> 00:07:01,564 What are you saying? 143 00:07:02,821 --> 00:07:05,427 Did your sister ever mention anything about ecstasy? 144 00:07:08,661 --> 00:07:10,197 What is it, Ms. Jarrell? 145 00:07:11,798 --> 00:07:14,244 Well, Angela wanted me to try some with her 146 00:07:14,300 --> 00:07:16,007 when she came home last Christmas. 147 00:07:16,703 --> 00:07:19,343 Some guy she knew turned her on to it. 148 00:07:19,406 --> 00:07:21,579 She said it was an unbelievable high, 149 00:07:21,641 --> 00:07:23,985 that it would really open me up. 150 00:07:24,577 --> 00:07:27,490 She liked it so much, she may have been selling it. 151 00:07:29,150 --> 00:07:31,960 Can you think of anybody she might have been in business with? 152 00:07:33,087 --> 00:07:35,328 We're sorry to lay this on you, but we... 153 00:07:35,856 --> 00:07:37,631 It might help us figure out who killed her. 154 00:07:39,660 --> 00:07:42,470 I wish I could tell you, but I really don't know. 155 00:07:43,531 --> 00:07:45,636 I'm just glad my father didn't come here. 156 00:07:50,471 --> 00:07:51,883 Hey, Lou. Yeah. 157 00:07:51,940 --> 00:07:54,978 Looks like Angela Jarrell's day job was dealing E. 158 00:07:55,043 --> 00:07:56,613 And you think that's what got her killed? 159 00:07:56,678 --> 00:07:58,180 The spot where she was strangled wasn't on her way home. 160 00:07:58,246 --> 00:08:00,055 We figure she went there with somebody she knew. 161 00:08:00,115 --> 00:08:02,652 And that Wall Street guy's alibi checks out. 162 00:08:02,751 --> 00:08:04,753 Well, here are the IUDs from her cell phone. 163 00:08:04,820 --> 00:08:07,767 Four calls from the same number while she was at the bar. 164 00:08:11,493 --> 00:08:12,939 Yeah, I called Angela. 165 00:08:12,995 --> 00:08:14,474 I was supposed to meet her for a drink. 166 00:08:14,530 --> 00:08:15,531 She never called me back. 167 00:08:15,598 --> 00:08:16,668 So, did you go meet her? 168 00:08:16,732 --> 00:08:18,405 I was here with my girlfriend all night. 169 00:08:18,468 --> 00:08:19,742 Wait a minute. Hold on. Let me get this straight. 170 00:08:19,802 --> 00:08:21,645 You're here with your girlfriend, and at the same time, 171 00:08:21,704 --> 00:08:23,684 you're trying to get with Angela at 12:30 in the morning? 172 00:08:23,739 --> 00:08:25,980 Four phone calls. Sounds like you were, 173 00:08:26,042 --> 00:08:28,044 uh, kind of obsessed with meeting her. 174 00:08:28,110 --> 00:08:30,522 Maybe you were trying to get your hands on some ecstasy. 175 00:08:32,114 --> 00:08:33,650 So, you know what she was doing. 176 00:08:33,716 --> 00:08:36,197 She had 25 hits on her when she died. 177 00:08:36,253 --> 00:08:38,028 Look, Angela wasn't like you think. 178 00:08:38,088 --> 00:08:41,695 I mean, she was the most incompetent drug dealer you ever saw. 179 00:08:42,292 --> 00:08:44,670 She was supposed to come over here on her way home 180 00:08:44,728 --> 00:08:47,004 and roll with us, but she never showed up. 181 00:08:47,064 --> 00:08:50,068 Do you have any idea who might have gotten her into this, Mr. Daltrey? 182 00:08:50,133 --> 00:08:51,134 (SIGHS) 183 00:08:51,435 --> 00:08:52,641 Look, this might be something. 184 00:08:52,703 --> 00:08:55,183 I once asked Angela if she could, you know, 185 00:08:55,239 --> 00:08:56,981 find me something more serious. 186 00:08:57,041 --> 00:08:58,213 She gave me a guy's phone number. 187 00:08:58,276 --> 00:08:59,414 Do you still have the number? 188 00:08:59,477 --> 00:09:02,185 I threw it away. But I remember, his name was Taz. 189 00:09:02,747 --> 00:09:05,057 We can try running it as an AKA. 190 00:09:05,750 --> 00:09:06,751 Thanks. 191 00:09:10,188 --> 00:09:13,294 Thursday, um, no. I was home all night. Why? 192 00:09:13,391 --> 00:09:16,270 We heard you were at the Zircon lounge in Tribeca. 193 00:09:16,327 --> 00:09:18,136 We're investigating an incident there. 194 00:09:18,196 --> 00:09:20,837 No, I'm not getting around too well since I busted my foot, so... 195 00:09:20,900 --> 00:09:23,642 Do you know a woman named Angela Jarrell? 196 00:09:23,903 --> 00:09:25,644 Doesn't ring a bell, no. 197 00:09:25,704 --> 00:09:27,183 How'd you hurt yourself, Mr. Partell? 198 00:09:27,273 --> 00:09:29,583 You wouldn't believe it, I dropped a hammer on it. 199 00:09:29,642 --> 00:09:31,519 Broke one of those little bones. (CHUCKLES) 200 00:09:31,744 --> 00:09:32,984 At work? 201 00:09:33,045 --> 00:09:34,183 Nah. Nah. I'm in between jobs. 202 00:09:34,246 --> 00:09:37,250 I was, uh, putting shelves up in the closet. 203 00:09:37,416 --> 00:09:38,918 Mmm. When was that? 204 00:09:40,352 --> 00:09:41,491 Last weekend. 205 00:09:44,190 --> 00:09:45,567 What, you don't believe me? 206 00:09:45,759 --> 00:09:47,432 We ran your sheet. 207 00:09:47,994 --> 00:09:49,234 How'd you get your cleaning? 208 00:09:49,462 --> 00:09:53,239 They deliver. Now look, if there's nothing else... 209 00:09:53,300 --> 00:09:54,301 Okay? 210 00:09:54,434 --> 00:09:57,176 How about somebody that can account for your whereabouts Thursday night. 211 00:09:57,237 --> 00:09:59,217 Like I said, I was here alone, all right? 212 00:10:00,040 --> 00:10:02,612 Now, if you guys got nothing else to ask me... 213 00:10:04,111 --> 00:10:05,419 Goodbye. 214 00:10:12,353 --> 00:10:14,026 She's got a broken right heel, 215 00:10:14,088 --> 00:10:15,761 he's got a broken left foot. 216 00:10:15,823 --> 00:10:17,268 She's got two hands around her neck, 217 00:10:17,325 --> 00:10:18,565 that's probably all she could do. 218 00:10:18,626 --> 00:10:21,334 Gibson told us the guy in the bar was wearing a black jacket. 219 00:10:21,429 --> 00:10:23,500 Did you notice the jacket in the dry cleaner's bag? 220 00:10:23,564 --> 00:10:25,909 Yeah, I noticed the receipt, too. Parisian Dry Cleaners. 221 00:10:26,134 --> 00:10:28,171 Let's find out if Partell took that jacket in 222 00:10:28,236 --> 00:10:30,216 to clean up after a night on the town. 223 00:10:32,507 --> 00:10:34,487 Um, no deliveries this week. 224 00:10:34,543 --> 00:10:37,217 He picked up his dry cleaning on the 26th. 225 00:10:38,080 --> 00:10:39,821 That's two days before the murder, Lennie. 226 00:10:39,881 --> 00:10:41,087 He picked it up? 227 00:10:42,017 --> 00:10:46,022 Um... "A leather jacket, two pairs of pants, three shirts." 228 00:10:46,456 --> 00:10:48,402 And how'd he manage all that on his crutches? 229 00:10:49,459 --> 00:10:50,938 He didn't have crutches. 230 00:10:51,294 --> 00:10:52,466 You sure? 231 00:10:52,528 --> 00:10:55,236 I couldn't find his cleaning, he saw it on the rack, 232 00:10:55,298 --> 00:10:57,278 and he walked around the counter and took it down for me. 233 00:11:00,370 --> 00:11:01,371 Thanks. 234 00:11:04,774 --> 00:11:07,186 You lied about when you hurt your foot, Partell. 235 00:11:07,777 --> 00:11:09,883 I think possibly you may have misunderstood me. 236 00:11:10,147 --> 00:11:11,148 (CHUCKLES) Yeah, right. 237 00:11:11,582 --> 00:11:15,359 So, what happened? Somebody break off a high heel on your toe? 238 00:11:15,719 --> 00:11:19,326 Hey, guys, what's the point of dragging me down here, really, you know... 239 00:11:19,623 --> 00:11:22,297 Criminal sale of a controlled substance in '95, 240 00:11:22,359 --> 00:11:24,635 gun possession in '97, you fit the profile. 241 00:11:25,396 --> 00:11:26,898 (INHALING) ls my lawyer here? 242 00:11:27,364 --> 00:11:29,971 You know, once we connect you to Angela Jarrell, it's over. 243 00:11:30,502 --> 00:11:32,379 Yeah, you go right ahead, connect me, okay. 244 00:11:32,437 --> 00:11:34,212 We got witnesses coming down. 245 00:11:34,272 --> 00:11:35,410 If they put you in that bar... 246 00:11:35,473 --> 00:11:36,474 (KNOCKING ON DOOR) 247 00:11:37,108 --> 00:11:40,055 This is Mr. Hauser, Mr. Partell's attorney. 248 00:11:40,211 --> 00:11:41,417 No more questions, gentlemen. 249 00:11:41,713 --> 00:11:44,626 Aw, you sure you don't want to join us for a few minutes, Counselor? 250 00:11:45,550 --> 00:11:46,722 Is my client under arrest? 251 00:11:46,785 --> 00:11:49,061 We'll let you know after the lineup. 252 00:11:52,491 --> 00:11:54,630 Do you recognize anyone, Mr. Gibson? 253 00:11:55,695 --> 00:11:57,936 Uh, can you ask number two to come closer? 254 00:11:59,999 --> 00:12:01,979 Number two, please step forward. 255 00:12:20,420 --> 00:12:22,525 He might've been one of the guys I saw at the bar. 256 00:12:22,589 --> 00:12:23,966 Uh, I'm not sure. 257 00:12:24,524 --> 00:12:25,867 VAN BUREN: Thanks, Mr. Gibson. 258 00:12:25,926 --> 00:12:27,098 I'm sorry. 259 00:12:27,194 --> 00:12:29,071 HAUSER: I take it Mr. Partell will be released? 260 00:12:29,129 --> 00:12:30,130 For now. 261 00:12:33,066 --> 00:12:34,204 How about the waitress in the bar? 262 00:12:34,634 --> 00:12:36,546 She said she don't remember seeing Partell. 263 00:12:36,604 --> 00:12:38,606 Well, the other guy Gibson mentioned, 264 00:12:38,673 --> 00:12:41,984 were there any co-defendants on Partell's old drug cases? 265 00:12:42,043 --> 00:12:44,182 We can run the arrest numbers off his rap sheet, 266 00:12:44,245 --> 00:12:45,280 see who turns up. 267 00:12:45,813 --> 00:12:46,814 Good. 268 00:12:47,949 --> 00:12:51,158 Yeah, me and Taz got arrested together. I did my nine months. 269 00:12:51,219 --> 00:12:52,357 You two still hang out? 270 00:12:52,420 --> 00:12:54,730 Not for about a year. We don't get along too good. 271 00:12:54,789 --> 00:12:56,132 Business dispute? 272 00:12:56,190 --> 00:13:00,401 I'm out of that. I got my 9:00 to 5:00 now. 273 00:13:02,131 --> 00:13:03,337 So, what's up with this? 274 00:13:03,632 --> 00:13:05,134 You're too old to be from narcotics. 275 00:13:05,200 --> 00:13:06,543 We're homicide. 276 00:13:06,602 --> 00:13:07,945 From the Bronx? Manhattan. 277 00:13:08,504 --> 00:13:09,744 Why'd you say the Bronx? 278 00:13:10,239 --> 00:13:11,843 No reason. ED: Just popped into your head? 279 00:13:11,907 --> 00:13:12,908 Yeah. 280 00:13:12,975 --> 00:13:15,683 Then you're coming with us to explain where you were Thursday night. 281 00:13:16,512 --> 00:13:17,616 I was working here. 282 00:13:17,679 --> 00:13:19,056 You can ask my boss. 283 00:13:19,114 --> 00:13:21,823 Listen, if you want to save yourself a ride downtown, Mr. Quintana, 284 00:13:21,885 --> 00:13:24,491 I suggest you tell us why you thought we were Bronx homicide. 285 00:13:28,491 --> 00:13:30,402 Taz should've caught a body a couple of years ago, 286 00:13:30,460 --> 00:13:31,564 except he skated. 287 00:13:31,794 --> 00:13:33,831 There's no homicide arrest on his rap sheet. 288 00:13:35,532 --> 00:13:37,512 I got a break coming. You wanna buy me a coffee? 289 00:13:39,502 --> 00:13:41,676 So me and Taz are in this spot up in the Bronx, right, 290 00:13:41,739 --> 00:13:42,774 the Grand Slam. 291 00:13:42,840 --> 00:13:44,547 That's the dance club, up by Yankee Stadium, right? 292 00:13:44,608 --> 00:13:47,054 Yeah. So, I'm in my truck smoking a bone, right? 293 00:13:47,678 --> 00:13:50,249 Taz comes out, tells me to drive back to the club. 294 00:13:50,314 --> 00:13:52,555 Then he goes under my seat and grabs a .25 295 00:13:52,616 --> 00:13:54,459 he had stashed there before we went in. 296 00:13:54,518 --> 00:13:57,692 So, I figure he's gonna show it to some girl, right? 297 00:13:57,755 --> 00:13:59,928 I'm waiting across the street, 298 00:13:59,990 --> 00:14:02,334 and I see Taz step up on the bouncer. 299 00:14:02,393 --> 00:14:04,670 (MIMICS GUN FIRING) Then his gun jams. 300 00:14:04,729 --> 00:14:06,367 So, he kicks him as he goes down, you know. 301 00:14:06,431 --> 00:14:08,604 And I'm like, bugging out on this, right? 302 00:14:08,667 --> 00:14:10,840 Then Taz jumps back in my truck, 303 00:14:10,902 --> 00:14:13,348 and I don't' want him in my truck, right? 304 00:14:13,405 --> 00:14:14,975 So, I drop him off in the subway. 305 00:14:15,040 --> 00:14:16,644 Why are you telling us this now? 306 00:14:16,708 --> 00:14:21,782 A, Taz screwed me. B, the cops picked up the wrong guy behind this. 307 00:14:21,847 --> 00:14:23,155 Somebody else was arrested? 308 00:14:23,215 --> 00:14:25,560 Two days later. I read it in the paper. 309 00:14:29,722 --> 00:14:33,101 Bouncer at the Grand Slam. Sure, I remember it. About two years ago. 310 00:14:33,159 --> 00:14:34,502 You make a collar? 311 00:14:34,560 --> 00:14:36,665 Yeah, a kid named Tony Shaeffer. 312 00:14:36,729 --> 00:14:38,731 He's upstate doing 25-to-life. 313 00:14:38,831 --> 00:14:41,744 We came across a witness who says that you guys picked up the wrong guy. 314 00:14:41,801 --> 00:14:42,802 Who's this witness? 315 00:14:42,869 --> 00:14:45,873 Ah, he's a former associate of our suspect. 316 00:14:45,938 --> 00:14:47,384 They used to deal drugs together. 317 00:14:47,441 --> 00:14:48,613 He's got a sheet? 318 00:14:48,675 --> 00:14:50,916 Yeah, and he's got a grudge against the shooter. 319 00:14:51,011 --> 00:14:52,513 Let's go right out and pick him up, Bobby. 320 00:14:52,579 --> 00:14:53,683 (BOTH LAUGHING) 321 00:14:53,747 --> 00:14:55,852 This witness knew details about the shooting. 322 00:14:55,949 --> 00:14:58,555 The fact that the gun jammed after the second round, 323 00:14:58,619 --> 00:15:00,098 that the shooter kicked the victim as he fell. 324 00:15:00,153 --> 00:15:03,259 Anybody who sat through Shaeffer's trial would know all these details. 325 00:15:04,458 --> 00:15:06,267 Bobby, get the jacket. 326 00:15:08,395 --> 00:15:09,932 We had two IDs. 327 00:15:09,998 --> 00:15:12,239 Plus the kid shot his mouth off to his girlfriend. 328 00:15:12,667 --> 00:15:15,375 We found the murder weapon on the tracks where he got on the subway. 329 00:15:15,570 --> 00:15:16,776 Were there any prints on the gun? 330 00:15:17,438 --> 00:15:18,610 Sounds to me like your guy is 331 00:15:18,673 --> 00:15:20,277 looking to screw over his old running buddy. 332 00:15:21,643 --> 00:15:22,781 ED: Shaeffer didn't plead out? 333 00:15:22,844 --> 00:15:23,982 He had priors. 334 00:15:24,445 --> 00:15:26,789 An assault plead down to a dis-con. 335 00:15:27,415 --> 00:15:28,860 And he had an alibi witness. 336 00:15:29,117 --> 00:15:31,189 And if I recall, the D.A. tore her apart. 337 00:15:31,887 --> 00:15:34,925 What's a matter, fellas, you don't got enough to do in Manhattan? 338 00:15:36,158 --> 00:15:38,001 Shaeffer's alibi witness is on our way downtown. 339 00:15:38,060 --> 00:15:40,370 It's a closed case. In the Bronx. 340 00:15:40,429 --> 00:15:43,000 Yeah, well, we don't have anything on Partell in Manhattan. 341 00:15:43,065 --> 00:15:45,375 So, let's just go see what shakes out, please. 342 00:15:46,368 --> 00:15:49,975 Tony was right here in this kitchen when that man was shot, 343 00:15:50,039 --> 00:15:52,144 I swear on my husband's grave. 344 00:15:53,343 --> 00:15:54,344 (SIGHS) 345 00:15:54,711 --> 00:15:57,282 But just because I'm his mother, they wouldn't believe me. 346 00:15:58,081 --> 00:16:01,528 The jury's going to be skeptical about an alibi from a family member. 347 00:16:02,285 --> 00:16:04,526 They made it seem like I was lying. 348 00:16:05,088 --> 00:16:10,060 And that D.A. kept asking every little thing to trip me up. 349 00:16:10,593 --> 00:16:12,334 What I had for supper, 350 00:16:12,395 --> 00:16:16,105 what program I was watching when Tony came home from the bar. 351 00:16:16,534 --> 00:16:18,480 I was so nervous up there. 352 00:16:18,636 --> 00:16:20,445 You can't blame yourself, Mrs. Shaeffer. 353 00:16:21,138 --> 00:16:24,745 It's all just a horrible dream. 354 00:16:27,878 --> 00:16:30,222 When Tony went away, 355 00:16:31,649 --> 00:16:33,094 I took some pills. 356 00:16:34,952 --> 00:16:36,694 They had to pump my stomach. 357 00:16:39,057 --> 00:16:41,799 Mrs. Shaeffer, I don't want to get your hopes up, 358 00:16:41,860 --> 00:16:44,704 but we talked to somebody that says your son is innocent. 359 00:16:45,430 --> 00:16:49,207 Oh, please, whoever this person is, you have to believe it. 360 00:16:49,668 --> 00:16:52,649 I'm begging you, please. 361 00:16:56,241 --> 00:16:57,720 What, are you following me? 362 00:16:57,776 --> 00:16:59,950 We struck out on Partell's former co-defendants, 363 00:17:00,012 --> 00:17:01,616 but one of them turned us on to a murder that 364 00:17:01,681 --> 00:17:03,524 Partell may have committed in the Bronx. 365 00:17:03,583 --> 00:17:06,029 Only trouble is, there's another guy doing time for it. 366 00:17:06,085 --> 00:17:07,496 And you think that's a mistake? 367 00:17:07,553 --> 00:17:08,588 Well, it's possible. 368 00:17:08,654 --> 00:17:09,689 Lennie? 369 00:17:09,756 --> 00:17:11,702 Uh, I've seen the crying mother routine before, 370 00:17:11,758 --> 00:17:13,738 but I don't know, there's something about this. 371 00:17:13,793 --> 00:17:16,501 Well, will this help you close the Angela Jarrell case? 372 00:17:16,562 --> 00:17:18,235 Well, right now, Partell knows we don't have squat. 373 00:17:18,297 --> 00:17:20,140 So, if we keep digging into this Bronx thing, 374 00:17:20,199 --> 00:17:21,338 we might get a little leverage. 375 00:17:21,402 --> 00:17:24,440 Well, keep digging. I want to hear more than, "It's possible." 376 00:17:29,476 --> 00:17:31,547 DAVIS: I'm in the club with my two buddies. 377 00:17:31,612 --> 00:17:34,115 This guy, Shaeffer, gets kicked out by the bouncer. 378 00:17:34,915 --> 00:17:37,395 Everybody hears him say he's going to come back and mess him up. 379 00:17:37,951 --> 00:17:40,363 Then as we're leaving, we hear a couple of shots. 380 00:17:40,687 --> 00:17:44,534 We look back, and the bouncer's dead on the sidewalk, 381 00:17:44,592 --> 00:17:46,572 and this Shaeffer kicks him and runs. 382 00:17:47,095 --> 00:17:48,699 Couple of days later, I picked him out of a lineup. 383 00:17:48,763 --> 00:17:49,833 All three of you guys? 384 00:17:49,898 --> 00:17:51,206 Uh, Pete didn't come down. 385 00:17:51,266 --> 00:17:52,404 Why not? 386 00:17:52,467 --> 00:17:53,741 I guess they didn't need him. 387 00:17:55,170 --> 00:17:56,513 This detective came to my house 388 00:17:56,571 --> 00:17:58,573 and showed me six pictures in a plastic holder. 389 00:17:58,640 --> 00:17:59,675 A photo array. 390 00:17:59,741 --> 00:18:01,880 Yeah. But the guy who shot the bouncer wasn't in there. 391 00:18:02,277 --> 00:18:04,952 This is Tony Shaeffer, the guy your two friends identified. 392 00:18:06,148 --> 00:18:07,650 Now, see, 393 00:18:07,717 --> 00:18:10,698 this looks like the guy who was kicked out of the club. 394 00:18:10,753 --> 00:18:12,198 Not the guy with the gun. 395 00:18:13,456 --> 00:18:15,663 And you remember all that two years later? 396 00:18:16,158 --> 00:18:17,262 All I know is, 397 00:18:17,326 --> 00:18:19,932 the guy he tossed out of the club wasn't the one who shot him. 398 00:18:19,995 --> 00:18:21,997 Well, why didn't you tell this to the detective? 399 00:18:22,064 --> 00:18:24,806 I did. But once I didn't pick out the right picture, 400 00:18:24,867 --> 00:18:26,142 he didn't seem interested. 401 00:18:26,203 --> 00:18:29,207 He told me he'd be in touch, and that's the last I heard from him. 402 00:18:29,272 --> 00:18:30,649 Did you tell your friends that you thought that 403 00:18:30,707 --> 00:18:32,243 they identified the wrong guy? 404 00:18:32,309 --> 00:18:34,550 You know, it all happened so fast... 405 00:18:34,611 --> 00:18:36,818 I guess they saw what they saw. 406 00:18:37,647 --> 00:18:40,253 Is it possible your friends had it in for this guy? 407 00:18:40,751 --> 00:18:41,889 They didn't even know him. 408 00:18:41,952 --> 00:18:45,627 But, uh, I remember Dave did say something about a reward. 409 00:18:47,624 --> 00:18:48,933 Here's how it works. 410 00:18:48,993 --> 00:18:51,940 An anonymous informant calls Crime Stoppers with a tip. 411 00:18:51,996 --> 00:18:54,977 If the detective working the case thinks it might pan out, 412 00:18:55,032 --> 00:18:57,103 we assign the informant a code number. 413 00:18:57,201 --> 00:18:59,306 If it leads to a conviction, cha-ching. 414 00:18:59,370 --> 00:19:00,508 What's the going rate? 415 00:19:00,571 --> 00:19:01,641 Two thousand. 416 00:19:01,706 --> 00:19:03,583 (CHUCKLES) Sometimes the families want to pump it up, 417 00:19:03,641 --> 00:19:06,747 but we discourage it. Too much incentive for bad information. 418 00:19:07,378 --> 00:19:09,119 Did you pay a tip on 419 00:19:09,180 --> 00:19:14,028 People v. Anthony Shaeffer, Bronx County, '99 indictment? 420 00:19:19,324 --> 00:19:20,325 Nope. 421 00:19:20,392 --> 00:19:22,736 So much for the greedy informant theory. 422 00:19:23,295 --> 00:19:24,501 Let's take a look at the tip sheets 423 00:19:24,563 --> 00:19:25,633 for the week following the murder. 424 00:19:26,532 --> 00:19:27,636 Well, here's one, 425 00:19:27,699 --> 00:19:29,508 four days after the shooting. 426 00:19:29,568 --> 00:19:31,947 It's two days after Shaeffer was arrested. 427 00:19:32,338 --> 00:19:34,784 Uh, the caller identifies the shooter at the Grand Slam 428 00:19:34,841 --> 00:19:39,290 as "Taz, white male, light hair, 30 to 35 years old." 429 00:19:39,646 --> 00:19:41,717 And that's a notation that a message was left 430 00:19:41,781 --> 00:19:44,591 for a Detective Boyle at the 56 regarding the tip. 431 00:19:45,685 --> 00:19:47,824 Did the informant ever receive a code number? 432 00:19:48,922 --> 00:19:50,799 Looks like the detective never called back. 433 00:19:51,024 --> 00:19:53,334 What's this 718 number in the margin? 434 00:19:53,460 --> 00:19:55,771 Some of our newer phones have caller ID. 435 00:19:55,830 --> 00:19:58,367 Don't say where you got it. We're not supposed to write it down. 436 00:20:00,134 --> 00:20:02,444 We appreciate your coming down, Ms. Pistone. 437 00:20:02,803 --> 00:20:04,441 I still can't figure out how you got my name. 438 00:20:04,738 --> 00:20:08,413 Well, we're re-interviewing everybody who was at the club the night of the murder, 439 00:20:08,475 --> 00:20:10,477 and your name just happened to come up. 440 00:20:10,544 --> 00:20:12,922 Ms. Pistone, this is Tony Shaeffer. 441 00:20:13,314 --> 00:20:14,952 Have you seen him before? 442 00:20:15,750 --> 00:20:17,252 Not that I remember. 443 00:20:17,919 --> 00:20:19,592 Do you recognize any of these men, 444 00:20:19,654 --> 00:20:20,928 from the night of the shooting? 445 00:20:22,757 --> 00:20:25,499 Taz, he's the one who shot Vincent, the bouncer. 446 00:20:25,961 --> 00:20:26,962 Are you sure? 447 00:20:27,028 --> 00:20:28,302 Yeah, I'm sure. 448 00:20:28,363 --> 00:20:31,344 My girlfriend used to work in that club. Taz used to sell drugs there. 449 00:20:33,034 --> 00:20:35,139 Look, my lawyer told you I got nothing else to say, all right. 450 00:20:35,203 --> 00:20:36,580 BRISCOE: Good. You're under arrest. 451 00:20:36,638 --> 00:20:37,982 For what? Murder. 452 00:20:39,008 --> 00:20:40,988 Oh, you got nothing on me with that bitch. 453 00:20:41,043 --> 00:20:42,989 The correct response would be, "which murder"? 454 00:20:43,045 --> 00:20:44,217 What are you talking about? 455 00:20:44,280 --> 00:20:46,453 We're arresting you for the murder of Vincent Jackson. 456 00:20:46,516 --> 00:20:47,859 Be careful with the foot, will you? 457 00:20:47,917 --> 00:20:50,193 Aw, don't worry. We're not wearing high heels. 458 00:20:55,758 --> 00:20:57,431 We arrested Francis Partell 459 00:20:57,493 --> 00:21:01,067 for the murder of Vincent Jackson in the Bronx in 1998. 460 00:21:01,498 --> 00:21:02,602 That's a murder from two years ago. 461 00:21:02,666 --> 00:21:03,667 What about Angela Jarrell? 462 00:21:03,734 --> 00:21:05,839 Partell did it, but we can't put him at the scene. 463 00:21:06,203 --> 00:21:07,375 Do we have a motive? 464 00:21:07,471 --> 00:21:08,814 Well, she was selling ecstasy, 465 00:21:08,872 --> 00:21:10,249 he's got a conviction for dealing. 466 00:21:10,307 --> 00:21:11,342 We're guessing there was some 467 00:21:11,408 --> 00:21:13,820 business relationship between them that went sour. 468 00:21:14,378 --> 00:21:16,051 I take it there's no forensics evidence? 469 00:21:16,113 --> 00:21:19,219 Well, our case against him on the Bronx murder is a lot better. 470 00:21:19,283 --> 00:21:22,458 It looks like those guys up there steamrollered the wrong guy. 471 00:21:23,321 --> 00:21:24,925 That's a serious allegation. 472 00:21:25,156 --> 00:21:28,694 Look, the last thing I want to do is sling mud at my own people. 473 00:21:28,927 --> 00:21:30,736 Are you sure you don't want to handle this internally? 474 00:21:30,795 --> 00:21:33,605 You folks have to decide what to do about Partell. 475 00:21:33,731 --> 00:21:34,801 Thanks. 476 00:21:34,866 --> 00:21:36,903 Hey, Abbie, you know I wouldn't lay this on you 477 00:21:36,968 --> 00:21:38,845 if we weren't pretty sure about the Bronx. 478 00:21:40,605 --> 00:21:43,416 Well, assuming you're right, we've got two major problems. 479 00:21:44,476 --> 00:21:46,422 A jury's convicted another defendant, 480 00:21:46,478 --> 00:21:48,788 and we don't have jurisdiction. 481 00:21:48,847 --> 00:21:51,020 Our cops are convinced there was a screwup. 482 00:21:51,951 --> 00:21:53,897 Has anybody talked to the Bronx? 483 00:21:53,953 --> 00:21:56,866 Yeah, the detective assigned to the case has washed his hands of it. 484 00:21:57,489 --> 00:22:00,163 And what does this have to do with the case we can prosecute? 485 00:22:00,626 --> 00:22:02,469 Well, if we can't nail Partell on one murder, 486 00:22:02,528 --> 00:22:04,030 we'll nail him with another one. 487 00:22:05,465 --> 00:22:08,173 Since when do we second-guess another D.A.'s office? 488 00:22:09,502 --> 00:22:11,641 Jack, the evidence is pretty solid. 489 00:22:11,705 --> 00:22:13,844 And I found a way around the jurisdictional problem. 490 00:22:13,907 --> 00:22:15,716 Do you remember our office prosecuted 491 00:22:15,775 --> 00:22:17,345 that ticket scalping ring at Yankee Stadium? 492 00:22:17,410 --> 00:22:20,653 Because there's a 500-yard exception for an adjoining county. 493 00:22:20,747 --> 00:22:24,661 Well, the club where Partell shot Jackson falls within the exception. 494 00:22:25,352 --> 00:22:27,629 This could blow up in our faces. 495 00:22:27,688 --> 00:22:29,634 Before we get into a turf war with the Bronx, 496 00:22:29,690 --> 00:22:32,136 be damn sure they convicted the wrong man. 497 00:22:34,895 --> 00:22:37,501 You know what a defense lawyer's worst nightmare is? 498 00:22:37,999 --> 00:22:39,774 An innocent client? 499 00:22:39,834 --> 00:22:41,575 A mother as an alibi witness. 500 00:22:41,902 --> 00:22:43,108 No, thanks. 501 00:22:43,237 --> 00:22:45,615 So, you did think Tony Shaeffer was innocent? 502 00:22:45,773 --> 00:22:47,753 From the day I was assigned to the case. 503 00:22:47,808 --> 00:22:49,083 So, why did you put him on the stand? 504 00:22:49,144 --> 00:22:50,623 I didn't have much of a choice. 505 00:22:50,679 --> 00:22:52,920 Tony had words with the victim that night. 506 00:22:52,981 --> 00:22:55,894 Then he told his girlfriend he did it to impress her. 507 00:22:55,951 --> 00:22:59,262 I had to put him on the stand to explain away the hole he dug for himself. 508 00:22:59,521 --> 00:23:00,898 Did you ever consider a plea? 509 00:23:00,956 --> 00:23:03,300 Did you ever see an innocent man take manslaughter? 510 00:23:04,726 --> 00:23:05,932 Neither have I. 511 00:23:06,228 --> 00:23:07,969 So, uh, what's going on here? 512 00:23:08,430 --> 00:23:11,742 We found two witnesses who ID'd a local drug dealer as the shooter. 513 00:23:11,834 --> 00:23:13,370 I had a feeling we got hosed. 514 00:23:13,803 --> 00:23:16,181 Well, it's hardly enough to challenge a jury verdict. 515 00:23:16,672 --> 00:23:17,810 I still have the mother. 516 00:23:17,874 --> 00:23:19,319 And there's Peter Verona. 517 00:23:19,442 --> 00:23:20,716 Who? 518 00:23:20,777 --> 00:23:23,917 He was at the bar. He told the police that Shaeffer wasn't the shooter, 519 00:23:23,980 --> 00:23:26,256 and he also couldn't ID Shaeffer in a photo array. 520 00:23:27,750 --> 00:23:29,320 Nobody told me about it. 521 00:23:32,055 --> 00:23:34,969 What kind of problems were you referring to, Ms. Carmichael? 522 00:23:35,025 --> 00:23:37,096 Well, there was a witness Detective Boyle interviewed 523 00:23:37,161 --> 00:23:38,572 that said Shaeffer didn't do it. 524 00:23:38,629 --> 00:23:41,269 All that happened was he didn't pick him out of the six pack. 525 00:23:41,332 --> 00:23:42,402 I had two guys who did. 526 00:23:43,067 --> 00:23:44,478 It wasn't in any of your reports. 527 00:23:45,135 --> 00:23:46,512 I told the A.D.A. who prepped me. 528 00:23:46,570 --> 00:23:48,572 CARMICHAEL: Did you tell him about the anonymous tip you got? 529 00:23:49,506 --> 00:23:50,644 What up? 530 00:23:50,708 --> 00:23:52,949 There was a message left for you from Crime Stoppers 531 00:23:53,010 --> 00:23:54,684 two days after you arrested Shaeffer. 532 00:23:54,946 --> 00:23:56,152 Well, I never got it. 533 00:23:56,214 --> 00:23:57,716 You never got it or you ignored it? 534 00:23:58,917 --> 00:24:00,555 Now, just a minute, Ms. Carmichael. 535 00:24:00,618 --> 00:24:02,620 I have to take exception to you coming up here 536 00:24:02,687 --> 00:24:05,964 and making insinuations about the way my people do their jobs. 537 00:24:06,057 --> 00:24:08,560 Look, Lieutenant, I'm just trying to give you a heads-up here. 538 00:24:08,626 --> 00:24:11,038 There are three witnesses who have raised doubts about this arrest. 539 00:24:11,229 --> 00:24:12,503 Two years later. 540 00:24:12,864 --> 00:24:14,844 As far as we're concerned, the case is closed. 541 00:24:15,233 --> 00:24:17,373 Well, I'm sure the man who killed Vincent Jackson 542 00:24:17,436 --> 00:24:18,642 must be very pleased about that. 543 00:24:18,704 --> 00:24:20,741 Correct me if I'm wrong, Ms. Carmichael, 544 00:24:20,806 --> 00:24:23,753 but didn't the guy we put away confess to his girlfriend? 545 00:24:25,945 --> 00:24:27,652 Look, I think it's too bad what happened to Tony, 546 00:24:27,713 --> 00:24:29,556 but he should never have shot that guy. 547 00:24:29,949 --> 00:24:31,758 Well, maybe if you could just take me through it. 548 00:24:32,218 --> 00:24:35,062 Do I really have to? Because I'm trying to put all that behind me. 549 00:24:35,121 --> 00:24:36,191 Please, Ms. Mankowitz. 550 00:24:36,288 --> 00:24:38,325 (SIGHING) All right, that night, 551 00:24:38,390 --> 00:24:40,268 I went to a club with Tony. 552 00:24:40,327 --> 00:24:41,635 We were there, like, 20 minutes 553 00:24:41,695 --> 00:24:45,768 when this guy gets all up in Tony's face and he starts screaming and cursing. 554 00:24:45,832 --> 00:24:47,209 Then, a bouncer came over, 555 00:24:47,267 --> 00:24:48,575 grabbed Tony, and threw him out. 556 00:24:48,635 --> 00:24:50,046 And you stayed in the club? 557 00:24:50,403 --> 00:24:53,384 No, I went somewhere else. I wasn't going to let that ruin my evening. 558 00:24:53,907 --> 00:24:56,387 So, when did Tony tell you about what happened? 559 00:24:57,644 --> 00:25:00,819 The next day. He came over, we were watching the news, 560 00:25:00,882 --> 00:25:03,294 and the story comes on about the bouncer at the club, 561 00:25:03,351 --> 00:25:05,297 and I'm, like, "Oh, my God." 562 00:25:05,353 --> 00:25:07,924 And Tony goes, "Well, that's what he gets for dissing me." 563 00:25:07,989 --> 00:25:10,526 And he makes two popping sounds, like he's got a gun. 564 00:25:10,658 --> 00:25:12,137 And you went to the police? 565 00:25:12,193 --> 00:25:14,139 No. Do I look like I'd rat him out? 566 00:25:14,195 --> 00:25:16,471 I told my sister, she went to the police, 567 00:25:16,531 --> 00:25:18,238 and then they came to me for a statement. 568 00:25:18,299 --> 00:25:20,540 And you had no problem giving him up? 569 00:25:20,935 --> 00:25:22,916 I was breaking up with him anyway. 570 00:25:22,971 --> 00:25:24,473 Tony wasn't really my type. 571 00:25:24,773 --> 00:25:25,843 What do you mean? 572 00:25:25,908 --> 00:25:28,912 Well, Tony was a nice guy and everything, but 573 00:25:28,977 --> 00:25:30,217 he was kind of a wimp. 574 00:25:30,546 --> 00:25:31,786 Did it ever occur to you 575 00:25:31,847 --> 00:25:34,225 that he might have been bragging about something he didn't do 576 00:25:34,283 --> 00:25:35,387 in order to impress you? 577 00:25:36,919 --> 00:25:39,195 What kind of idiot would do something like that? 578 00:25:41,023 --> 00:25:43,435 My mother tells me the police are re-opening the case. 579 00:25:44,260 --> 00:25:46,331 It's not that simple, Mr. Shaeffer. 580 00:25:47,063 --> 00:25:48,804 A jury's already convicted you. 581 00:25:49,265 --> 00:25:52,109 The hardest thing to accept is the fact you have confessed. 582 00:25:54,370 --> 00:25:56,850 I was just trying to get Valerie to like me. 583 00:25:56,906 --> 00:25:58,817 It's the stupidest thing lever did. 584 00:25:59,075 --> 00:26:00,349 It sure was. 585 00:26:01,444 --> 00:26:02,923 Up where they got me now, 586 00:26:02,979 --> 00:26:06,017 everybody's got a story about how they were framed or something. 587 00:26:06,383 --> 00:26:08,954 But I did not kill that man, Mr. McCoy. 588 00:26:10,187 --> 00:26:12,793 How did the dispute get started in the first place? 589 00:26:13,991 --> 00:26:16,437 This other guy was trying to sell me some coke. 590 00:26:16,494 --> 00:26:19,737 I tell him to take a walk, and then we started yelling at each other. 591 00:26:19,930 --> 00:26:21,034 What did this man look like? 592 00:26:21,098 --> 00:26:24,944 Like me. Same height, same weight, blonde hair. 593 00:26:25,703 --> 00:26:26,943 After the bouncer took me outside, 594 00:26:27,004 --> 00:26:28,279 I said, "Hey, how come you're not throwing out" 595 00:26:28,340 --> 00:26:29,978 "that drug dealer I had a fight with?" 596 00:26:30,342 --> 00:26:31,412 What did he say? 597 00:26:31,743 --> 00:26:34,121 He said, "Don't worry." He'd take care of him, too. 598 00:26:34,946 --> 00:26:36,357 There's Partell's motive. 599 00:26:40,919 --> 00:26:42,421 Before we take this any further, 600 00:26:42,487 --> 00:26:44,524 we'll need you to take a polygraph. 601 00:26:45,190 --> 00:26:47,636 I'll take 10 polygraphs if I have to. 602 00:26:52,431 --> 00:26:57,278 I'm sorry, the fact that Mr. Shaeffer passed your polygraph exam 603 00:26:57,336 --> 00:26:58,644 is not very compelling. 604 00:26:58,704 --> 00:27:01,150 Especially since he had two years to practice up. 605 00:27:01,641 --> 00:27:05,851 Three witnesses dispute the version of events put forward at the trial. 606 00:27:05,912 --> 00:27:07,687 Now, that may be true, 607 00:27:07,747 --> 00:27:09,624 but Mr. Einstadt tried this case. 608 00:27:09,682 --> 00:27:12,493 He assures me that the credibility of these people is suspect. 609 00:27:12,719 --> 00:27:13,925 Have you seen Partell's record? 610 00:27:13,987 --> 00:27:14,988 Mmm-hmm. 611 00:27:15,055 --> 00:27:16,125 I'm still not convinced. 612 00:27:16,190 --> 00:27:18,431 Are you gonna ignore the exculpatory evidence? 613 00:27:18,492 --> 00:27:20,631 There's not nearly enough to outweigh the verdict. 614 00:27:20,694 --> 00:27:23,197 Both men fit the same general description. 615 00:27:23,797 --> 00:27:26,368 Will you at least interview the witnesses? 616 00:27:26,433 --> 00:27:28,538 We're not gonna undermine a legitimate conviction 617 00:27:28,602 --> 00:27:30,275 because a few doubts have surfaced. 618 00:27:30,337 --> 00:27:33,580 How many people does Mr. Partell have to kill before you'll look into it? 619 00:27:34,342 --> 00:27:36,015 You don't have to get sarcastic, Mr. McCoy. 620 00:27:36,210 --> 00:27:37,746 I'm asking you to investigate 621 00:27:37,812 --> 00:27:39,951 the possibility that a mistake was made. 622 00:27:40,581 --> 00:27:42,151 The jury has spoken. 623 00:27:42,216 --> 00:27:43,559 The system needs finality. 624 00:27:43,985 --> 00:27:45,987 The system needs credibility. 625 00:27:46,054 --> 00:27:48,830 I'm sorry, Mr. Robertson, I don't understand your position. 626 00:27:49,290 --> 00:27:51,896 The fancy credentials you have on your wall downtown 627 00:27:51,960 --> 00:27:54,463 don't give you the right to come up here and question my judgment. 628 00:27:57,299 --> 00:27:59,711 If you won't do something, Mr. Robertson, we will. 629 00:28:00,736 --> 00:28:02,613 We'll be indicting Francis Partell 630 00:28:02,671 --> 00:28:05,277 for committing a murder in your jurisdiction. 631 00:28:10,813 --> 00:28:12,554 "Indictment number 4520," 632 00:28:12,614 --> 00:28:14,491 "People v. Francis Partell." 633 00:28:14,550 --> 00:28:16,723 "Charge is Murder in the Second Degree." 634 00:28:16,785 --> 00:28:18,322 How does he plead, Mr. Hauser? 635 00:28:18,388 --> 00:28:20,163 This doesn't even merit a plea, Your Honor. 636 00:28:20,257 --> 00:28:21,998 I'll take that as a not guilty. 637 00:28:22,092 --> 00:28:24,766 The murder my client is charged with occurred in the Bronx. 638 00:28:24,828 --> 00:28:27,775 The murder occurred 488 yards from the Bronx River, 639 00:28:27,831 --> 00:28:30,004 and according to CPL 2040-4C, 640 00:28:30,066 --> 00:28:31,306 both counties have jurisdiction. 641 00:28:31,368 --> 00:28:33,575 But someone's already been convicted and sentenced 642 00:28:33,636 --> 00:28:34,808 for this crime in the Bronx. 643 00:28:35,071 --> 00:28:36,607 What's going on, Ms. Carmichael? 644 00:28:36,673 --> 00:28:39,553 The People have exculpatory evidence as to the Bronx defendant 645 00:28:39,610 --> 00:28:41,453 which strongly incriminates Mr. Partell. 646 00:28:42,113 --> 00:28:43,820 JUDGE: So, let me get this straight. 647 00:28:43,881 --> 00:28:45,952 The State of New York has two men in jail 648 00:28:46,016 --> 00:28:47,893 for a crime that only one of them committed? 649 00:28:48,285 --> 00:28:49,958 It's straight out of Kafka, Judge. 650 00:28:51,288 --> 00:28:55,361 Doesn't res judicata bar you from proceeding against a second defendant? 651 00:28:55,426 --> 00:28:58,032 Well, Your Honor, Mr. Partell wasn't a party to the Bronx case, 652 00:28:58,095 --> 00:29:00,200 so he can't use it to shield himself from prosecution. 653 00:29:00,264 --> 00:29:01,938 It's the same with double jeopardy. 654 00:29:02,000 --> 00:29:04,674 It's a vendetta. They can't pin a Manhattan murder on him, 655 00:29:04,736 --> 00:29:06,079 and this is the best they've got. 656 00:29:07,205 --> 00:29:09,276 Here's what I'm going to do. 657 00:29:09,341 --> 00:29:13,721 I'm reserving my ruling on bail until after an evidentiary hearing, 658 00:29:13,779 --> 00:29:17,750 but if your case looks shaky, Ms. Carmichael, I'm going to dismiss it. 659 00:29:21,219 --> 00:29:24,326 The Bronx D.A. just called me. He's furious with you two. 660 00:29:25,692 --> 00:29:27,672 Well, he might want to direct his anger 661 00:29:27,727 --> 00:29:30,640 at the cops up there who screwed up the initial investigation. 662 00:29:31,164 --> 00:29:32,438 Is there misconduct involved? 663 00:29:32,498 --> 00:29:34,671 Nothing willful. Inertia, maybe. 664 00:29:34,734 --> 00:29:36,338 Water running to the lowest level. 665 00:29:36,769 --> 00:29:39,215 Well, why are they so reluctant to address this? 666 00:29:39,305 --> 00:29:41,046 Beats the hell out of me. 667 00:29:41,107 --> 00:29:43,519 You know, you can't do this job and second-guess yourself. 668 00:29:43,576 --> 00:29:44,816 You'd never got any sleep. 669 00:29:45,212 --> 00:29:46,589 When I make a mistake, I lose sleep. 670 00:29:46,647 --> 00:29:48,092 What lets Robertson off the hook? 671 00:29:48,148 --> 00:29:51,595 I'm sure it's not easy living in Manhattan's shadow all the time. 672 00:29:52,252 --> 00:29:56,132 He's probably not very happy that it's us dropping this on his doorstep. 673 00:29:56,323 --> 00:29:58,132 I have to work with this man, you know. 674 00:29:58,192 --> 00:30:01,401 JACK: He's not working with us, Nora. He forced our hand. 675 00:30:01,562 --> 00:30:04,634 Partell's a drug dealer who kills people for nickels and dimes. 676 00:30:05,566 --> 00:30:07,444 We're convinced he got away with murder. 677 00:30:07,502 --> 00:30:10,949 I'll breathe a little easier when you convince Judge Taylor. 678 00:30:15,243 --> 00:30:16,381 VERONA: After we left the club, 679 00:30:16,444 --> 00:30:19,084 my friends and I were walking to our car. 680 00:30:19,380 --> 00:30:23,795 Then we heard shots. We saw the bouncer from the club on the sidewalk, 681 00:30:23,852 --> 00:30:26,059 and a man with a gun running across the street. 682 00:30:27,589 --> 00:30:29,570 Was the man with the gun 683 00:30:29,625 --> 00:30:31,832 the same man you testified you saw 684 00:30:31,894 --> 00:30:34,033 being thrown out of the club earlier that night? 685 00:30:34,697 --> 00:30:36,233 No, he was not. 686 00:30:36,632 --> 00:30:37,838 Thank you. 687 00:30:40,369 --> 00:30:43,543 Isn't it a fact that the two friends you were with 688 00:30:43,606 --> 00:30:44,983 identified someone else as the shooter? 689 00:30:45,908 --> 00:30:48,218 Yes, but I think they were wrong. 690 00:30:48,978 --> 00:30:51,220 How much did you have to drink that night, Mr. Verona? 691 00:30:52,716 --> 00:30:54,923 Well, I don't remember exactly. 692 00:30:55,852 --> 00:30:57,297 But you were intoxicated? 693 00:30:58,355 --> 00:31:00,858 Somewhat intoxicated, yeah. 694 00:31:00,924 --> 00:31:03,564 Can you say with absolute certainty 695 00:31:03,627 --> 00:31:05,436 that my client shot Mr. Jackson? 696 00:31:09,199 --> 00:31:10,701 No, I can't. 697 00:31:15,439 --> 00:31:18,147 I was outside the club smoking a cigarette. 698 00:31:19,043 --> 00:31:22,024 I saw Taz come up to Vincent and start shooting. 699 00:31:22,947 --> 00:31:24,426 What else did you observe? 700 00:31:26,484 --> 00:31:29,328 After he shot him twice, 701 00:31:29,387 --> 00:31:30,991 he, uh, kept trying to shoot more, 702 00:31:31,055 --> 00:31:33,331 but it looked like he ran out of bullets or something. 703 00:31:33,391 --> 00:31:36,430 So, he started kicking Vincent on the ground. 704 00:31:36,628 --> 00:31:37,971 What happened next? 705 00:31:39,798 --> 00:31:42,278 After he kicked him a few times, 706 00:31:42,334 --> 00:31:44,507 he ran down the street and got into an SUV. 707 00:31:47,172 --> 00:31:49,379 Were you in the club when the police responded 708 00:31:49,441 --> 00:31:51,045 after the shooting, Ms. Pistone? 709 00:31:51,543 --> 00:31:52,544 Yes. 710 00:31:53,645 --> 00:31:56,489 Did you tell them that the man you knew as Taz 711 00:31:56,549 --> 00:31:57,926 was the one who shot the bouncer? 712 00:31:58,484 --> 00:32:00,054 I didn't want to get involved. 713 00:32:00,153 --> 00:32:03,396 And for the next four days, you didn't contact the police? 714 00:32:04,457 --> 00:32:06,994 I was kind of scared at first because he's a drug dealer. 715 00:32:07,593 --> 00:32:11,166 But I... I felt guilty about it, so I called Crime Stoppers. 716 00:32:11,364 --> 00:32:14,504 Let's see, you didn't go to the local precinct. 717 00:32:14,867 --> 00:32:16,073 You didn't leave your name 718 00:32:16,135 --> 00:32:17,546 so the police could use you as a witness, 719 00:32:17,604 --> 00:32:20,313 but you did call to collect the reward that was offered? 720 00:32:20,641 --> 00:32:22,177 That's not why. 721 00:32:23,911 --> 00:32:25,083 Nothing further. 722 00:32:28,449 --> 00:32:29,894 JACK: Why did it take you two years 723 00:32:29,950 --> 00:32:32,954 to come forward with this information, Mr. Quintana? 724 00:32:33,821 --> 00:32:37,166 Taz used to be a friend of mine. I didn't want to jam him up. 725 00:32:37,424 --> 00:32:38,630 Did that change? 726 00:32:39,293 --> 00:32:42,104 We had a little disagreement about some drugs we bought. 727 00:32:42,530 --> 00:32:44,100 Is that why you're accusing him now? 728 00:32:44,799 --> 00:32:47,678 I'm accusing him because it's true. 729 00:32:52,607 --> 00:32:55,417 You have a felony conviction for selling drugs, Mr. Quintana? 730 00:32:55,610 --> 00:32:56,714 Yeah. 731 00:32:57,112 --> 00:32:58,648 And I'm sure you've made hundreds of sales 732 00:32:58,713 --> 00:33:00,386 for which you weren't arrested? 733 00:33:00,782 --> 00:33:02,592 I got a regular job now. 734 00:33:03,552 --> 00:33:05,225 At the time you allegedly saw this happen, 735 00:33:05,287 --> 00:33:06,561 you had just smoked marijuana? 736 00:33:06,622 --> 00:33:07,657 Yeah. 737 00:33:07,723 --> 00:33:09,327 And I'm sure you had a few drinks on top of that? 738 00:33:09,392 --> 00:33:10,393 Right. 739 00:33:10,493 --> 00:33:12,404 Was there a DJ at Grand Slam 740 00:33:12,461 --> 00:33:14,463 the night you say you were there with my client? 741 00:33:14,530 --> 00:33:15,804 It was bands that night. 742 00:33:15,865 --> 00:33:17,003 Which ones? 743 00:33:17,066 --> 00:33:18,238 I don't remember. 744 00:33:18,434 --> 00:33:20,607 Can you remember any of the songs they played? 745 00:33:21,037 --> 00:33:22,641 How am I supposed to remember that, huh? 746 00:33:22,705 --> 00:33:23,945 I go out dancing almost every weekend. 747 00:33:25,242 --> 00:33:27,552 Maybe you were just too high to remember. 748 00:33:30,547 --> 00:33:33,323 This is nothing more than payback for you, isn't it? 749 00:33:34,451 --> 00:33:36,431 If I wanted to snitch on Taz, 750 00:33:36,486 --> 00:33:38,932 I would've done it on my own, a long time ago. 751 00:33:39,523 --> 00:33:42,732 The cops came to me. I just told them what I saw. 752 00:33:49,834 --> 00:33:53,976 It's certainly not the most compelling case I've ever heard, 753 00:33:54,038 --> 00:33:56,018 but I find the evidence adduced at this hearing 754 00:33:56,074 --> 00:33:59,180 to be sufficient as a matter of law to sustain the indictment. 755 00:34:00,345 --> 00:34:02,086 Mr. Partell is remanded. (BANGS GAVEL) 756 00:34:02,146 --> 00:34:04,956 You're going to lock up a second man for this one crime, Judge? 757 00:34:05,516 --> 00:34:08,088 Do you have any precedent that says I can't, Mr. Hauser? 758 00:34:10,022 --> 00:34:11,501 That's what I thought. 759 00:34:11,924 --> 00:34:14,768 And let me tell you something, Mr. McCoy, 760 00:34:14,827 --> 00:34:17,307 I want your boss and the Bronx D.A. 761 00:34:17,362 --> 00:34:20,036 in my chambers tomorrow at 9:30 sharp. 762 00:34:25,237 --> 00:34:29,310 You know, Jack, I found your case to be legally sufficient, 763 00:34:29,375 --> 00:34:32,380 but if you think those witnesses are going to convince a jury, 764 00:34:32,445 --> 00:34:34,447 (CHUCKLES) you've been doing this for too long. 765 00:34:34,848 --> 00:34:37,522 Whether they do or not, we have an obligation to prosecute the case. 766 00:34:37,650 --> 00:34:40,460 You also have an obligation not to make a mockery 767 00:34:40,520 --> 00:34:42,022 of the criminal justice system. 768 00:34:42,288 --> 00:34:44,859 In my opinion, there's only one party here who's doing that. 769 00:34:44,924 --> 00:34:47,495 Mr. Robertson refused to look at the polygraph results, 770 00:34:47,560 --> 00:34:49,437 or re-interview the witnesses. 771 00:34:49,496 --> 00:34:51,305 Where do you get off telling me how to run my office? 772 00:34:52,099 --> 00:34:53,942 I didn't come up here to he lectured at by an assistant. 773 00:34:54,201 --> 00:34:55,475 Then talk to me, John. 774 00:34:57,571 --> 00:34:59,710 Mr. Shaeffer received a fair trial. 775 00:35:00,074 --> 00:35:02,020 He was convicted by a jury in two hours. 776 00:35:02,076 --> 00:35:04,386 Based on incomplete evidence. 777 00:35:04,445 --> 00:35:06,516 We're not here just to amass convictions. 778 00:35:06,580 --> 00:35:09,527 With all due respect, John, she's got a point. 779 00:35:10,017 --> 00:35:12,520 What's the harm in taking one out of the win column? 780 00:35:12,720 --> 00:35:15,827 The harm is letting Ms. Lewin thumb her nose at a legitimate verdict 781 00:35:15,891 --> 00:35:17,461 rendered by the people of my county. 782 00:35:17,726 --> 00:35:21,333 So, how do we get past this territorial pissing match? 783 00:35:21,730 --> 00:35:23,835 This isn't about territory, Harrison. 784 00:35:23,999 --> 00:35:27,105 One of you is going to walk away from this with egg on your face. 785 00:35:27,169 --> 00:35:30,207 You know, right now, I could careless about my approval rating. 786 00:35:31,273 --> 00:35:33,275 Let's all keep our eye on the ball here. 787 00:35:33,342 --> 00:35:36,153 There's an innocent man who's serving a life sentence. 788 00:35:36,212 --> 00:35:38,158 ROBERTSON: You haven't produced a scintilla of proof 789 00:35:38,214 --> 00:35:41,752 that the Bronx trial was tainted by perjury, or jury misconduct, 790 00:35:41,818 --> 00:35:43,820 or any illegality that the law recognizes. 791 00:35:45,388 --> 00:35:48,369 If Ms. Lewin thinks she can convict her defendant 792 00:35:48,424 --> 00:35:50,802 in the face of a contrary verdict, 793 00:35:52,662 --> 00:35:54,107 let her go right on ahead. 794 00:36:02,139 --> 00:36:03,618 Can we get him to plead guilty? 795 00:36:04,007 --> 00:36:05,918 You can get anything for the right price. 796 00:36:06,443 --> 00:36:08,047 Make him an offer. 797 00:36:09,379 --> 00:36:11,916 We started this war between the boroughs to get the guy. 798 00:36:12,816 --> 00:36:14,090 The whole point of the exercise 799 00:36:14,151 --> 00:36:15,926 was to make him pay for murder. 800 00:36:16,153 --> 00:36:18,793 The whole point of the exercise is Tony Shaeffer. 801 00:36:18,856 --> 00:36:20,837 He's doing another man's time, Jack. 802 00:36:22,093 --> 00:36:24,437 If we get Partell to admit he killed the bouncer, 803 00:36:24,496 --> 00:36:26,032 Robertson will have to come around. 804 00:36:26,097 --> 00:36:28,839 Two murders, Nora, and we let him off easy? 805 00:36:28,900 --> 00:36:32,006 I said make a deal. I didn't say pony up the courthouse. 806 00:36:36,207 --> 00:36:38,653 We're here to offer you a deal, Mr. Partell. 807 00:36:38,743 --> 00:36:41,486 Now, why would I want to make a deal if he says I can't lose? 808 00:36:41,547 --> 00:36:43,117 Is he going to do the time for you? 809 00:36:43,182 --> 00:36:44,320 You barely won the hearing. 810 00:36:44,383 --> 00:36:46,920 Wait till I put on the witnesses who testified in the Bronx. 811 00:36:47,119 --> 00:36:50,623 I think I can convince a jury that was a miscarriage of justice. 812 00:36:51,523 --> 00:36:52,627 Please. 813 00:36:52,725 --> 00:36:55,262 These people are not unsophisticated, Mr. Hauser. 814 00:36:55,327 --> 00:36:56,670 They watch the news. 815 00:36:57,229 --> 00:37:00,267 They've seen convictions dropping like flies all over the country. 816 00:37:00,566 --> 00:37:03,639 My boss needs his guilty plea to free an innocent man. 817 00:37:03,703 --> 00:37:06,081 That puts him in a very advantageous position. 818 00:37:06,339 --> 00:37:07,443 How advantageous? 819 00:37:07,707 --> 00:37:08,947 Man one. 820 00:37:09,042 --> 00:37:10,146 Six-to-12? 821 00:37:10,644 --> 00:37:12,646 I was thinking along the lines of 10-to-20. 822 00:37:13,046 --> 00:37:14,616 You want a plea or not, Mr. McCoy? 823 00:37:14,948 --> 00:37:16,985 Personally, I'd rather he go to trial. 824 00:37:17,784 --> 00:37:20,060 That way we can max him out when he's convicted. 825 00:37:20,453 --> 00:37:21,693 Six-to-12. 826 00:37:22,722 --> 00:37:24,668 And then you throw in the Manhattan case for nothing. 827 00:37:25,326 --> 00:37:27,670 Six-to-12 concurrent for two murders? 828 00:37:27,828 --> 00:37:30,035 Look, if I cop to this, 829 00:37:30,097 --> 00:37:31,474 I don't want you coming back at me with that. 830 00:37:32,066 --> 00:37:33,943 Not a chance, Mr. Partell. 831 00:37:36,204 --> 00:37:39,014 Seven-and-a-half-to-15, or you get your wish, Mr. McCoy. 832 00:37:43,578 --> 00:37:45,751 (SIGHS) You have a deal. 833 00:37:46,714 --> 00:37:48,456 Now, tell us about Angela Jarrell. 834 00:37:51,853 --> 00:37:53,730 (STAMMERING) There's nothing to tell. 835 00:37:54,556 --> 00:37:56,968 I hired her to deal drugs for me, and she didn't do it. 836 00:37:58,026 --> 00:38:00,370 Instead she's in a bar with some guy. 837 00:38:00,762 --> 00:38:02,070 Was anybody with you? 838 00:38:03,565 --> 00:38:06,603 Just some guy that I was talking to 839 00:38:06,668 --> 00:38:08,409 while I waited for her to leave. 840 00:38:10,073 --> 00:38:13,543 I followed her out to get the money that she owed me, and, uh 841 00:38:13,610 --> 00:38:15,089 she only had about 70 bucks. 842 00:38:15,144 --> 00:38:16,646 So, you strangled her? 843 00:38:17,480 --> 00:38:21,394 Maybe I would've just scared her had she not broken my foot. 844 00:38:23,186 --> 00:38:25,029 Either way, she just wasn't working out. 845 00:38:30,693 --> 00:38:33,106 Francis Partell pled guilty this morning. 846 00:38:38,836 --> 00:38:42,010 He gave a detailed admission about the Vincent Jackson killing. 847 00:38:42,540 --> 00:38:43,644 I hope you're happy. 848 00:38:43,707 --> 00:38:46,381 I'll be very happy when you dismiss against Tony Shaeffer. 849 00:38:46,443 --> 00:38:48,719 It says here that Partell pled guilty to the other murder. 850 00:38:50,180 --> 00:38:51,352 How much time did he get? 851 00:38:51,815 --> 00:38:53,523 Seven-and-a-half-to-15. 852 00:38:53,985 --> 00:38:55,225 Concurrent? 853 00:38:55,286 --> 00:38:56,526 I'm not thrilled about it either. 854 00:38:56,588 --> 00:38:57,760 (SCOFFS) 855 00:38:58,356 --> 00:39:00,768 How can I treat this as a serious admission? 856 00:39:00,825 --> 00:39:02,702 He said what he had to say to get his seven-and-a-half. 857 00:39:03,328 --> 00:39:07,140 You're not going to continue to incarcerate an innocent man. 858 00:39:07,332 --> 00:39:09,744 I didn't convict that man. A jury did. 859 00:39:10,235 --> 00:39:12,476 And now we know they made a mistake. 860 00:39:12,804 --> 00:39:15,308 We don't know anything, we weren't there. 861 00:39:16,208 --> 00:39:20,213 As far as I'm concerned, this does nothing to impugn the jury verdict. 862 00:39:24,583 --> 00:39:25,755 (DOOR CLOSES) 863 00:39:27,887 --> 00:39:29,696 Robertson won't budge. 864 00:39:31,424 --> 00:39:34,871 So, that's the end of the line for us. 865 00:39:36,195 --> 00:39:38,267 And Tony Shaeffer stays in jail. 866 00:39:38,732 --> 00:39:43,078 He can hire an attorney petition for a writ of habeas corpus. 867 00:39:43,537 --> 00:39:45,778 With what? His mother's public assistance? 868 00:39:46,339 --> 00:39:48,580 He can file pro se, like every other prisoner. 869 00:39:51,011 --> 00:39:52,547 Or I can do his writ. 870 00:39:54,615 --> 00:39:56,424 What about the precedent it sets? 871 00:39:57,017 --> 00:39:58,291 I can file it as a private citizen 872 00:39:58,352 --> 00:39:59,730 if you think that would be more prudent. 873 00:40:00,421 --> 00:40:03,334 I think the public would be hard-pressed to see the distinction. 874 00:40:04,158 --> 00:40:07,139 I think the only distinction people see 875 00:40:07,195 --> 00:40:08,731 is between right and wrong. 876 00:40:10,998 --> 00:40:13,137 Make sure my name is on your brief. 877 00:40:18,973 --> 00:40:22,751 One man shot and killed Vincent Jackson in 1999. 878 00:40:23,045 --> 00:40:25,491 Two men have been convicted of that crime. 879 00:40:26,315 --> 00:40:29,592 This is a situation that can't be tolerated under the constitution. 880 00:40:29,652 --> 00:40:32,258 But, Mr. McCoy, how can we pick and choose 881 00:40:32,321 --> 00:40:34,995 between two legally rendered convictions? 882 00:40:35,491 --> 00:40:39,371 Only one of those defendants is asserting his claim of innocence. 883 00:40:39,428 --> 00:40:41,874 What about those 12 people up in the Bronx? 884 00:40:42,298 --> 00:40:44,801 Isn't one of the hallmarks of our jurisprudence 885 00:40:44,868 --> 00:40:46,643 the sanctity of a jury's verdict? 886 00:40:46,703 --> 00:40:49,411 Sanctity should not be confused with infallibility. 887 00:40:49,472 --> 00:40:51,713 The case books are legion with instances 888 00:40:51,774 --> 00:40:54,755 where juries reached erroneous conclusions. 889 00:40:54,978 --> 00:40:58,824 If Mr. Shaeffer were to be re-tried in the Bronx today 890 00:40:58,882 --> 00:41:02,022 with all the evidence now available for consideration, 891 00:41:02,085 --> 00:41:04,999 I submit he could not be found guilty 892 00:41:05,055 --> 00:41:08,161 beyond a reasonable doubt, as a matter of law. 893 00:41:09,627 --> 00:41:11,129 His writ should be granted. 894 00:41:14,365 --> 00:41:15,639 Good afternoon, Your Honors. 895 00:41:17,902 --> 00:41:20,940 Justice Scalia writes in Hererra v. Collins 896 00:41:21,005 --> 00:41:23,849 that there is no constitutional protection for prisoners 897 00:41:23,908 --> 00:41:26,913 whose sole claim of error is actual innocence. 898 00:41:27,946 --> 00:41:29,584 That is precisely the case here. 899 00:41:29,648 --> 00:41:32,595 The petitioner has alleged no legal error in his conviction. 900 00:41:32,984 --> 00:41:33,985 So, Mr. Robertson, 901 00:41:34,052 --> 00:41:38,262 if in fact the petitioner is innocent, what relief does he have? 902 00:41:38,590 --> 00:41:41,036 Let me say first that I don't believe that. 903 00:41:41,093 --> 00:41:43,130 But according to the Supreme Court, 904 00:41:43,195 --> 00:41:45,266 if all he's saying is the jury made a mistake, 905 00:41:45,330 --> 00:41:47,241 he can ask the governor for a pardon. 906 00:41:47,299 --> 00:41:49,541 That is his fail-safe in this kind of situation. 907 00:41:49,602 --> 00:41:52,708 So, you're saying that this court lacks the power 908 00:41:52,772 --> 00:41:54,683 to void Mr. Shaeffer's conviction? 909 00:41:55,174 --> 00:41:58,087 If this court chooses to follow Herrera v. Collins, 910 00:41:58,144 --> 00:42:00,215 which is the law in the federal courts, 911 00:42:00,279 --> 00:42:02,156 it should not entertain the petition. 912 00:42:02,615 --> 00:42:05,459 Not every problem was meant to be solved by the judiciary. 913 00:42:05,551 --> 00:42:07,292 The court should exercise restraint 914 00:42:07,353 --> 00:42:08,730 and respect the jury verdict. 915 00:42:10,991 --> 00:42:12,197 Any rebuttal, Mr. McCoy? 916 00:42:13,227 --> 00:42:16,037 Tony Shaeffer should not have to argue his cause 917 00:42:16,096 --> 00:42:18,098 to an elected official 918 00:42:18,165 --> 00:42:21,703 whose political allegiances and ambitions might color his judgment. 919 00:42:21,769 --> 00:42:24,716 That is why the founding fathers saw fit 920 00:42:24,771 --> 00:42:27,081 to establish an independent judiciary. 921 00:42:28,242 --> 00:42:32,089 And judicial restraint does not mean judicial cowardice. 922 00:42:35,283 --> 00:42:39,322 This is a copy of Mr. Shaeffer's daily schedule 923 00:42:39,387 --> 00:42:42,960 in the general population at the Clinton Correctional Facility. 924 00:42:43,691 --> 00:42:48,800 "6:00 a.m., mandatory wake up, 6:30, inmate count," 925 00:42:48,897 --> 00:42:51,639 "6:45, mandatory meal," 926 00:42:51,699 --> 00:42:55,443 "7:15, mandatory vocational training," 927 00:42:55,504 --> 00:42:59,884 "11:00, inmate count, 11:15, mandatory meal..." 928 00:42:59,942 --> 00:43:01,615 What's your point, Mr. McCoy? 929 00:43:03,012 --> 00:43:06,289 He's had this same day now for the last two years. 930 00:43:08,817 --> 00:43:11,923 Guilty of nothing more than stupidity. 931 00:43:12,788 --> 00:43:16,396 He'll have this same day for the next five years... 932 00:43:25,569 --> 00:43:26,604 Ten years. 933 00:43:28,772 --> 00:43:34,381 This same day for the next 23 years at least, 934 00:43:34,444 --> 00:43:36,947 unless this court has the courage to admit 935 00:43:37,013 --> 00:43:38,721 the system failed. 936 00:43:47,725 --> 00:43:51,764 It is the opinion of this court, with one dissent, 937 00:43:51,829 --> 00:43:56,300 that a writ of habeas corpus for Anthony Shaeffer is hereby granted. 938 00:43:56,534 --> 00:43:57,604 (GAS PS) 939 00:43:57,668 --> 00:44:00,548 He is hereby released from custody, 940 00:44:00,639 --> 00:44:04,052 and his conviction for murder in the second degree 941 00:44:04,109 --> 00:44:07,420 is dismissed in the interest of justice. 942 00:44:07,546 --> 00:44:08,786 (CRYING) 943 00:44:11,016 --> 00:44:13,860 I heard it was all smiles in the Shaeffer family. 944 00:44:13,986 --> 00:44:17,195 I have to admit it was nice to get somebody out of jail for a change. 945 00:44:17,289 --> 00:44:19,291 Well, I hope that's out of your system. 946 00:44:19,358 --> 00:44:21,532 Well, I hope I don't catch a case near the Bronx. 947 00:44:25,198 --> 00:44:27,769 That's, uh, Angela Jarrell's father. 948 00:44:28,268 --> 00:44:31,408 He heard an arrest had been made, and drove in from Minnesota.