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NARRATOR:
In the criminal justice system
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the people are represented by two
separate yet equally important groups,
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the police who investigate crime
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and the district attorneys
who prosecute the offenders.
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These are their stories.
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Sure I know her. Through
there, buzz 4D.
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Up the stairs, second
apartment in the back.
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00:00:25,159 --> 00:00:27,286
Arnie, Mr. K.
Could use a refill.
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This is my third stop here today.
She's not answering.
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00:00:30,030 --> 00:00:31,019
I'd leave them
by the door, but...
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No, no. Like leaving a pound of
brisket in front of a schnauzer.
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Maybe you can hold them and keep
some poor guy's heart from breaking?
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Uh, I'll do you one better.
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Ooh, she give you her keys?
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I got everybody's. I own the building.
Mind the register, boychick.
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Mind it.
Don't help yourself.
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Putz!
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Ganef.
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She has a cat.
Mmm, yeah?
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Smells like about five cats.
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Oy vey.
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She was in that movie where
all the kids are dancing.
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Fame?
The other one.
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Turns out today's her birthday.
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The flowers were from her folks.
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I read the card.
Nice people.
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All right. Thank you.
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The doc says a single .357 round
to the chest did the trick.
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BROCK: Went right
through her.
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Right in the middle
of lunch, too.
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Looks like kung pao chicken.
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Yeah. Be sure to get
back to us on that.
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There's a back alley entrance, but
the door was locked and alarmed
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and there's no sign
of forced entry.
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When will people learn that a good
friend can be your worst enemy?
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She was some kind of actress.
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Yeah, slash musician.
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Small neck. It's made
for a woman's hands.
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I always wanted to learn guitar.
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It's actually a bass.
A Rickenbacker.
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Is that good? It was
good enough for Elvis.
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Oh, now you're in
my neck of the woods.
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I'm actually talking
about Elvis Costello.
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Who's on first?
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Anyway, it fits with the
rest of her gear. Pricey.
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Her neighbor said this used to be home
to one of those plasma screen TVs.
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Those things go for,
like, six grand.
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For six grand, it ought to
make coffee and do the dishes.
Ripped By mstoll
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Lucy Dolan, 32, single,
unemployed actress.
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In that business if it said
"employed" I'd be shocked.
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The M.E. Says that Miss Dolan
had food in her upper GI.
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The Chinese take-out receipt
was date and time stamped,
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so the possible time of death is somewhere
between noon and 1:00 three days ago.
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So, a girl gets shot over a busy
restaurant and no one hears anything?
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Her apartment was soundproofed.
When she wasn't "not acting,"
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she was not earning
a buck as a musician.
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Whatever her calling,
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the audio and video equipment in her
apartment was worth at least 50 grand.
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Someone must love this girl.
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Today is her birthday.
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You know, we sent her flowers.
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Lucy was lost. With
the music, acting.
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Stop it.
She was good.
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Remember, we saw her in...
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Something off-off
Broadway.
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How did she actually earn
a living, Mr. Dolan?
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A job here, a job there.
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Lately she was doing comedy.
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Stand up. I guess
it was going well.
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Why do you say it like that?
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Lucy was no spoiled brat.
She really worked hard.
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But sometimes we helped her
with, uh, her rent or bills...
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We didn't mind.
What else is it for?
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She hasn't asked for
help in quite a while.
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So, the stereo equipment...
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You mean the CD player? What's
that got to do with this?
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Oh, nothing, really. Uh, so
where did Lucy do her stand up?
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She never wanted us to see her.
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I assumed it wasn't the most
respectable club around.
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Her agent would know.
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Lucy had a killer body. If only she
was a couple of inches taller.
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ED: Her folks said her
comedy act was taking off.
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Yeah, my mom thinks
I'm Swifty Lazar.
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Lucy emceed late-late night at the
Laff Riot out on Staten Island.
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We're not exactly
talking Leno material.
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Did she have any close friends?
A boyfriend?
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There are two types
of clients, Detective.
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One consults me before they
buy a tube of toothpaste.
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The other, I'm lucky
if I get their cell number.
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And Lucy was the latter?
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I never heard from the girl. Half the time
I didn't know what color her hair was.
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You think she might have been
using that "killer body"
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to make some money
the old-fashioned way?
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I hope not. But it's a tough business.
What can I say?
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She wouldn't be the first.
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Ask me what the key to comedy is.
Timing.
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You can say that again.
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We were talking
about Lucy Dolan.
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She could have used a new
watch, if you get my drift.
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Oh, so you gave her a regular gig
out of the kindness of your heart?
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Guys here at 2:00 in the
morning aren't here to laugh.
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They're here to look.
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And Lucy Dolan
was nice to look at.
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A five in Manhattan
is a ten in Staten Island.
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Anyway, she gave me notice.
Friday was gonna be her last day.
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We're just wondering why
a barely-employed comic
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would suddenly bolt
from her one paying gig?
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Are you hinting
at something here?
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We were wondering if maybe
that late-night crowd
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offered her a little
more than you did?
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That sort of stuff
does not go on in my club.
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I don't need this.
Hey, man, look.
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My partner didn't realize
that you were so sensitive.
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Let me ask you something. It gets
late, performers run out of gas,
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maybe they use a little
something-something to lift the spirits?
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First she's a hooker,
now she's a junkie.
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Let the girl rest
in peace, why don't you?
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He's right, Ed.
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So, Mr. Helprin, your cabaret license.
Everything in order?
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What do you guys want from me?
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I'm just trying
to run a club here.
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And one of your
acts was murdered.
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A little concern would be nice.
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Lucy kept a locker
in the back. Does that help?
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It's a start.
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Headshots, makeup,
speeding tickets.
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There's gotta be
a dozen of them.
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HELPRIN: She was in a rush.
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Lucy had a car?
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Green beemer.
Is that a crime?
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Unless bad jokes
pay better than I thought.
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Figured it was family money.
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Hey, look at this.
One of those photo citations.
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Machines, right?
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They're gonna put you guys
outta work. (CHUCKLES)
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Sorry.
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You recognize this location?
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That's the street light on 54th.
Right next to our favorite deli.
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STEINER: Looking for
a moment frozen in time.
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That's almost poetic.
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Yeah. So what am I
doing in DMV, right?
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Just find us something
snapped between
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12:00 and 1:00 on that day, on
that corner, with that camera.
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Okay, 16 pics in that time span.
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Wow, at a hundred bucks a
pop? We should get a raise.
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STEINER:
Tell me about it.
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You can blow that up, right?
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Already in the works.
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That's as good
as it's gonna get.
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Next.
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Next.
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Next.
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Wait a minute,
what's that? Zoom in.
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They gotta be tourists. Who else would
want a souvenir of a triple-decker?
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More likely looking
for celebrities.
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That place caters to
the rich and famous.
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Now all we have to do is put out an APB
for two badly-dressed out-of-towners.
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Ford Focus.
My guess it's a rental.
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And a rental company would
have their local address.
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New York's just too big for us.
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Too much of a hullabaloo.
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We just got a couple of
questions for you, Mrs. Platt.
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Oh, we have one for you. Why do
they call it "the Big Apple"?
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We have apple trees
back on the farm.
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MR. PLATT: In New Vienna.
Ohio.
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Go figure.
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All we need is to take a
look at the video you shot
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in front of the deli.
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Look, I hate to be rude,
but we got a plane to catch.
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There's only one connecting
flight out of Cincinnati.
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Mr. Platt, you may have unknowingly
filmed evidence of a crime.
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00:09:08,968 --> 00:09:11,936
Well, we'd love to help
you, but we're in a rush.
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Let me tell you something. Besides all
the hullabaloo here, we also have
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something called
"material witness warrants."
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That means we can keep you here
until all those apples grow back.
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We don't have the tape.
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Ed, why don't you
call Judge Finkel?
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00:09:28,551 --> 00:09:31,747
No. You don't understand.
We really don't have it.
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We sold it.
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ED: To who?
Television people.
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WEXR.
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Now you are gonna
miss that flight.
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ED: They see the murder on
the cover of the Daily News,
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they figure, "What the hell?
Let's make a buck."
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It is the American way.
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They said they got a shot of three
suspicious-looking characters.
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Well, if WEXR airs that tape,
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those characters will know we're
onto them and hit the road.
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Mmm-hmm. There's no way the network
is going to turn over that tape.
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Well, they might if we show
up with a restraining order.
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00:10:01,179 --> 00:10:03,009
Well, what about
Ma and Pa Kettle?
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00:10:03,647 --> 00:10:05,945
Well, the next plane's
in four hours.
193
00:10:06,583 --> 00:10:08,379
Cut 'em loose in
three and a half.
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00:10:11,788 --> 00:10:16,656
Pentagon Papers case says it all. No prior
restraint on publication or broadcast.
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00:10:16,725 --> 00:10:18,659
You can't issue
a restraining order, Judge.
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00:10:18,727 --> 00:10:21,524
Your Honor, WEXR paid
$10,000 for the tape.
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00:10:21,595 --> 00:10:24,155
Clearly, they think
it has probative value.
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00:10:24,532 --> 00:10:26,591
If the Platts were
in possession of the tape,
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00:10:26,667 --> 00:10:28,600
I'd concede the People's
right to subpoena it.
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00:10:28,668 --> 00:10:29,726
But they're not.
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00:10:29,803 --> 00:10:34,136
My client is, and my client is a legitimate
source of news in the community.
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00:10:34,206 --> 00:10:35,935
In the alternative,
Your Honor, we're asking
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00:10:36,008 --> 00:10:37,999
that the People
be given a first look.
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00:10:38,444 --> 00:10:39,468
Pardon me?
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00:10:39,545 --> 00:10:41,739
We want to view the tape
before they go public with it.
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00:10:41,813 --> 00:10:43,872
We'll assure counsel that
nobody from our office
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00:10:43,948 --> 00:10:47,542
or the police department will reveal the
existence of the tape before it airs.
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00:10:47,617 --> 00:10:49,414
Well, Mr. Willet,
is 24 hours gonna
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00:10:49,486 --> 00:10:51,579
put an overly-large
kink in your colon?
210
00:10:51,655 --> 00:10:53,178
That's not the point, Judge.
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00:10:53,255 --> 00:10:56,713
Of course, there's always the chance that
I linger over the People's application,
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00:10:56,792 --> 00:10:59,022
my clerk gets lost in Westlaw
for a couple of days,
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00:10:59,094 --> 00:11:01,755
and your tape becomes
yesterday's news, literally.
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00:11:04,265 --> 00:11:05,323
Thank you, Your Honor.
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00:11:05,400 --> 00:11:08,800
JUDGE: People to be provided
with a duplicate tape forthwith.
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00:11:09,770 --> 00:11:11,499
MR. PLATT: Hey, shove over!
You're blocking the window.
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00:11:11,572 --> 00:11:14,096
I got Woody Allen
in the crosshairs.
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00:11:15,408 --> 00:11:17,205
You hayseed, that's
just some other Jew.
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00:11:18,244 --> 00:11:20,837
The silent majority.
It should stay that way.
220
00:11:22,481 --> 00:11:24,948
Now, that looks like
a plasma TV to me.
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00:11:30,788 --> 00:11:32,982
BRISCOE: I thought he was
looking for celebrities.
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00:11:33,056 --> 00:11:36,958
Oh! Larry, Moe,
and Curly makes three.
223
00:11:38,360 --> 00:11:40,624
Looks like Curly's
sporting a piece.
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00:11:46,834 --> 00:11:48,267
BRISCOE:
There go our killers.
225
00:11:48,336 --> 00:11:51,304
And we've got less
than 23 hours to find them.
226
00:11:58,777 --> 00:12:02,008
I'm sorry, guys, I can't get the
plate or the registration sticker.
227
00:12:02,615 --> 00:12:07,176
DMV's got 2,700 beige Explorers
in the five boroughs alone.
228
00:12:07,252 --> 00:12:09,379
Yeah, assuming your
bad guys are even local.
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00:12:11,622 --> 00:12:12,622
(TYPING)
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00:12:16,059 --> 00:12:18,219
Wait. What's there?
Right on the front window.
231
00:12:18,294 --> 00:12:19,727
What? Uh...
232
00:12:24,332 --> 00:12:27,426
Looks like it could be a parking
permit, something like that.
233
00:12:27,502 --> 00:12:29,833
"FDR." Freemont
Downs Racetrack.
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00:12:30,905 --> 00:12:34,068
I can't make out the numbers,
but it is a parking permit.
235
00:12:34,141 --> 00:12:35,801
I love the ponies.
236
00:12:38,511 --> 00:12:40,138
Guys would kill for
a pass like that.
237
00:12:40,213 --> 00:12:41,771
Funny you should
put it that way.
238
00:12:41,848 --> 00:12:43,678
VIP parking.
The guy's a box owner.
239
00:12:43,749 --> 00:12:45,614
That goes along
with a clubhouse pass.
240
00:12:45,684 --> 00:12:47,948
If I could make out these numbers, I
could tell you who it belongs to.
241
00:12:48,020 --> 00:12:49,418
Can you get us a list
of the box owners?
242
00:12:49,487 --> 00:12:50,545
All 300 of them?
243
00:12:50,621 --> 00:12:52,282
Wait. Today's the Five
Borough Handicap, right?
244
00:12:52,356 --> 00:12:53,482
Attaboy Bob's running.
245
00:12:53,558 --> 00:12:55,388
I wouldn't wanna miss that.
246
00:12:56,560 --> 00:12:59,188
BRISCOE: Third race, I
gotta go with Ed's Pepper.
247
00:12:59,362 --> 00:13:00,920
ED: (CHUCKLES)
You gotta be kidding.
248
00:13:01,164 --> 00:13:03,154
She's a gray.
I always bet the gray.
249
00:13:03,566 --> 00:13:05,625
And you wonder why
you always lose.
250
00:13:05,701 --> 00:13:07,191
She's got the inside post.
251
00:13:07,269 --> 00:13:10,431
Yeah, man, and the first rule of
racing is "from the rail to the jail."
252
00:13:11,472 --> 00:13:12,472
Hey.
253
00:13:13,107 --> 00:13:14,539
Beige Explorer.
254
00:13:18,278 --> 00:13:19,711
They look familiar?
255
00:13:19,980 --> 00:13:21,776
That's Moe and Larry.
256
00:13:21,847 --> 00:13:23,405
Two out of three ain't bad.
257
00:13:30,255 --> 00:13:31,984
Hey, bro, who you
got in the first?
258
00:13:32,057 --> 00:13:34,388
Sigfried's Pal, man. What the hell?
(GUN COCKS)
259
00:13:34,458 --> 00:13:36,517
You just got scratched,
my friend.
260
00:13:41,931 --> 00:13:43,592
You know what this is, Matt?
261
00:13:43,900 --> 00:13:45,390
This is what we call
your yellows.
262
00:13:45,468 --> 00:13:47,662
CARTON: Yeah, I'm happy
for you, man.
263
00:13:48,604 --> 00:13:52,768
It says here you got a disorderly
conduct from back in '96.
264
00:13:53,507 --> 00:13:54,507
What was that?
265
00:13:54,842 --> 00:13:57,504
One too many brews,
and you watered a hydrant?
266
00:13:57,845 --> 00:13:58,971
What's the difference?
267
00:13:59,046 --> 00:14:02,242
The difference is you stepped up
into a whole other league now.
268
00:14:03,683 --> 00:14:05,207
And what league is that?
269
00:14:05,918 --> 00:14:08,910
Why would I want to kill somebody, man?
You're out of your skull.
270
00:14:08,988 --> 00:14:10,114
That's beside the point.
271
00:14:29,372 --> 00:14:30,634
That don't even look like me.
272
00:14:30,706 --> 00:14:32,195
I checked your sheet, Harold.
273
00:14:32,273 --> 00:14:35,504
The worst thing you ever got
caught for was turnstile jumping.
274
00:14:35,577 --> 00:14:37,135
I don't think you're
all that tough.
275
00:14:37,746 --> 00:14:39,940
Then why you wasting my time?
276
00:14:40,981 --> 00:14:42,573
Your other friend,
what's his name?
277
00:14:42,650 --> 00:14:43,947
CARTON: I got
a lot of friends.
278
00:14:44,018 --> 00:14:45,780
Yeah, you got
a lot of balls, too.
279
00:14:45,852 --> 00:14:49,288
Robbery, murder, add obstruction, and
you looking at a hat trick, Matt.
280
00:14:49,355 --> 00:14:51,686
Whoa, ain't nobody rob nobody.
281
00:14:51,757 --> 00:14:52,877
Ain't nobody murdered nobody.
282
00:14:52,924 --> 00:14:54,858
So Lucy Dolan just
gave you that TV?
283
00:14:55,560 --> 00:14:57,925
That's right. She liked us.
So why'd you shoot her?
284
00:14:58,562 --> 00:15:00,359
I didn't. That's why.
285
00:15:01,632 --> 00:15:03,392
BRISCOE: I hope Ed's
doing better than I did.
286
00:15:03,501 --> 00:15:06,492
Hear no evil. The SUV
belongs to this one.
287
00:15:06,803 --> 00:15:09,363
I guess selling swag
is recession-proof.
288
00:15:09,539 --> 00:15:13,201
Well, the box seats at the track belong
to his cousin, and he owns a shoe store
289
00:15:13,275 --> 00:15:16,108
on the Upper East Side.
He's out of town for a week.
290
00:15:16,178 --> 00:15:18,737
The only thing my cousin
ever gave me was the mumps.
291
00:15:19,147 --> 00:15:20,147
(DOOR OPENING)
292
00:15:20,281 --> 00:15:21,748
Knock, knock.
Andrew Maynard.
293
00:15:24,317 --> 00:15:25,317
Pleasure.
294
00:15:25,385 --> 00:15:27,512
Now if you can just
call off the dogs
295
00:15:27,587 --> 00:15:29,316
while I talk to my client, Mr.
Johnson.
296
00:15:29,388 --> 00:15:30,821
That's Mr. Carton.
297
00:15:30,890 --> 00:15:34,724
Heads, I win. As it turns out, I
represent both of these fine gentlemen.
298
00:15:40,031 --> 00:15:41,055
Ed.
299
00:15:41,533 --> 00:15:44,467
Send in the cavalry. I don't care.
I still ain't killed nobody.
300
00:15:44,668 --> 00:15:46,693
This is your lawyer, Einstein.
301
00:15:52,809 --> 00:15:54,529
You know who that is?
That's Andrew Maynard.
302
00:15:54,577 --> 00:15:57,670
BRISCOE: Defender of the
undefendable, the falsely accused.
303
00:15:57,746 --> 00:16:00,180
And the biggest narcotics
dealers in the city.
304
00:16:00,315 --> 00:16:02,373
I doubt these two
knuckleheads can pay his tab.
305
00:16:02,516 --> 00:16:04,313
At 800 bucks an hour, who can?
306
00:16:04,752 --> 00:16:06,913
I'm guessing the guy
these mopes work for.
307
00:16:06,987 --> 00:16:12,390
The name of the guy who pays the legal
fees isn't privileged. My second divorce.
308
00:16:12,459 --> 00:16:14,324
Yeah, and maybe Maynard
will give us the name
309
00:16:14,393 --> 00:16:16,054
and a guilty plea
on a silver platter.
310
00:16:16,128 --> 00:16:18,619
Well, if we hit him with a
subpoena, it's gonna take 30 days
311
00:16:18,697 --> 00:16:21,529
for some judge to decide
if we get a name.
312
00:16:22,266 --> 00:16:23,927
There are other ways.
313
00:16:28,438 --> 00:16:29,598
Hey, I look like a cop?
314
00:16:29,673 --> 00:16:32,039
You look fine. Have a
nice time at the prom.
315
00:16:32,109 --> 00:16:33,133
You got your cell phone?
316
00:16:33,210 --> 00:16:34,767
You're damn right.
Don't worry.
317
00:16:34,844 --> 00:16:37,278
I'll call you
if he gets too frisky.
318
00:16:37,346 --> 00:16:38,779
Here he comes.
319
00:16:40,715 --> 00:16:43,878
All right, seriously, if Maynard comes
back, get your ass outta there.
320
00:16:51,358 --> 00:16:54,053
If you could tell me what this
is in reference to, Mr...
321
00:16:54,127 --> 00:16:55,822
I'd rather not give my name.
322
00:16:55,895 --> 00:16:59,092
Well, is there a number at which Mr.
Maynard can reach you?
323
00:16:59,165 --> 00:17:02,691
See, that's a problem. You see, phones
are a little bit awkward at the moment.
324
00:17:03,034 --> 00:17:06,867
Well, I really don't know when Mr.
Maynard is returning to the office.
325
00:17:08,205 --> 00:17:09,285
You can call him, can't you?
326
00:17:09,306 --> 00:17:13,071
And say what? A guy who won't give
me his name wants to see him?
327
00:17:15,111 --> 00:17:16,874
All right, maybe this will help.
328
00:17:16,946 --> 00:17:21,109
There's two brothers enjoying the
hospitality of a certain city agency.
329
00:17:21,183 --> 00:17:22,673
There are a lot more than two.
330
00:17:22,751 --> 00:17:24,810
Yeah, but Mr. Maynard's
representing these two.
331
00:17:24,887 --> 00:17:27,218
Matter of fact, he went by
and visited them today
332
00:17:27,288 --> 00:17:28,949
at the behest of
one of my colleagues.
333
00:17:31,425 --> 00:17:33,187
Please, have a seat.
334
00:17:41,066 --> 00:17:42,465
Hi, Mr. Maynard.
335
00:17:42,968 --> 00:17:45,060
No, no, they didn't call.
336
00:17:45,136 --> 00:17:48,264
There's a gentleman here
referred by Danny Otum.
337
00:17:49,040 --> 00:17:51,769
He won't give it to me.
Says you understand.
338
00:17:53,443 --> 00:17:55,274
Can you be here tomorrow
morning at 8:00 a. M?
339
00:17:56,280 --> 00:17:57,769
Not a problem.
340
00:17:59,415 --> 00:18:01,440
Police!
We have a warrant!
341
00:18:01,684 --> 00:18:04,379
Open up, Mr. Otum.
It's the police!
342
00:18:04,619 --> 00:18:06,259
Oh, the hell with it.
Use the super's key.
343
00:18:06,321 --> 00:18:08,221
NYPD.
Last time we ask.
344
00:18:09,491 --> 00:18:11,355
Hey. Police business.
Get back inside.
345
00:18:11,425 --> 00:18:13,017
What's going on?
Now!
346
00:18:32,476 --> 00:18:34,467
Danny's got good taste.
347
00:18:34,645 --> 00:18:36,976
Yeah. He got
Lucy Dolan's TV, too.
348
00:18:39,349 --> 00:18:40,816
Hey! What are you
doing in my...
349
00:18:40,884 --> 00:18:41,908
Police! Don't move!
350
00:18:42,918 --> 00:18:43,918
(GRUNTS)
351
00:18:44,687 --> 00:18:45,687
(EXCLAIMS)
352
00:18:47,489 --> 00:18:49,183
BRISCOE: I said police!
353
00:18:51,359 --> 00:18:52,587
It's a cell phone.
354
00:18:52,660 --> 00:18:53,957
You okay, partner?
355
00:18:54,462 --> 00:18:56,156
Yeah. I'm great.
356
00:18:56,697 --> 00:18:57,697
(HANDCUFFS CLICKING)
357
00:19:01,335 --> 00:19:06,362
"Docket number 3395, People v.
Carton, Johnson, and Otum. "
358
00:19:06,572 --> 00:19:08,698
Steve Hanft substituting
for defendant Johnson.
359
00:19:09,441 --> 00:19:11,807
Yoriko Fujitsa for defendant
Carton, Your Honor.
360
00:19:12,244 --> 00:19:14,109
Welcome to one and all.
361
00:19:14,179 --> 00:19:16,738
Mr. Maynard, I assume you're
here in some official capacity?
362
00:19:16,814 --> 00:19:18,805
Andrew Maynard
for Daniel Otum, sir.
363
00:19:18,883 --> 00:19:20,214
Lead on, Macduff.
364
00:19:20,284 --> 00:19:25,346
"Charges are, one count each, Murder in the
First Degree, Robbery in the First Degree."
365
00:19:25,722 --> 00:19:26,950
Pleas, gentlemen.
366
00:19:27,023 --> 00:19:28,022
Not guilty.
367
00:19:28,323 --> 00:19:29,347
Not guilty.
368
00:19:29,424 --> 00:19:31,016
Not guilty, Your Honor.
369
00:19:31,293 --> 00:19:34,659
Who says consistency is the
hobgoblin of little minds?
370
00:19:34,996 --> 00:19:35,996
People on bail?
371
00:19:36,063 --> 00:19:37,724
The defendants are seen
on a videotape
372
00:19:37,798 --> 00:19:41,392
outside of the victim's building holding
her property at the time of her murder.
373
00:19:41,468 --> 00:19:43,527
Judge, the tape
is fuzzy at best.
374
00:19:43,603 --> 00:19:48,039
Fuzzy or not, the deceased's property was
recovered from defendant Otum's apartment.
375
00:19:48,774 --> 00:19:49,968
Nice try, Counselor.
376
00:19:50,276 --> 00:19:52,403
Judge, if I may?
No, you may not.
377
00:19:52,478 --> 00:19:54,843
Mr. Maynard, your client
has multiple priors.
378
00:19:54,913 --> 00:19:56,881
He's not going anywhere.
379
00:19:57,415 --> 00:19:59,644
Uh, remand all three defendants.
Next?
380
00:20:00,817 --> 00:20:03,615
COURT CLERK:
"Docket number 37926..."
381
00:20:03,854 --> 00:20:05,378
Off the record?
Why not?
382
00:20:06,289 --> 00:20:08,849
We all have a good idea what
my client does for a living.
383
00:20:08,925 --> 00:20:11,860
On the record, that's why
we're not considering a deal.
384
00:20:12,094 --> 00:20:14,084
Sure, one drug dealer
kills another.
385
00:20:14,162 --> 00:20:18,064
Hold on. There's no evidence
that Lucy Dolan sold drugs.
386
00:20:18,300 --> 00:20:21,097
(CHUCKLES) Her car.
Her possessions.
387
00:20:21,168 --> 00:20:23,068
Her lack of any other
source of income.
388
00:20:23,771 --> 00:20:25,260
Well, maybe she had a boyfriend.
389
00:20:25,672 --> 00:20:30,871
Or, perhaps Danny Otum served as wholesaler
and Miss Dolan was one of his retailers.
390
00:20:31,344 --> 00:20:33,971
Is this a confession
to possession with intent?
391
00:20:34,379 --> 00:20:38,678
Theory. Lucy's marketing skills were
falling a little short of expectation.
392
00:20:38,749 --> 00:20:41,479
She owed Danny what was quickly
becoming a lot of money.
393
00:20:41,552 --> 00:20:42,678
So he killed her?
394
00:20:42,954 --> 00:20:43,978
No.
395
00:20:44,055 --> 00:20:46,682
Lucy Dolan was shot
with a.357, Mr. Maynard.
396
00:20:46,756 --> 00:20:49,782
Your client did three years
for assault with a.357.
397
00:20:49,859 --> 00:20:51,917
And you know why you can't
find a murder weapon?
398
00:20:51,994 --> 00:20:56,328
Because Danny never had it.
This was strictly business.
399
00:20:56,398 --> 00:20:59,389
And like any other transaction,
after some negotiation,
400
00:20:59,467 --> 00:21:02,334
she offered collateral
to secure her loan.
401
00:21:02,403 --> 00:21:03,960
The plasma screen TV?
402
00:21:04,037 --> 00:21:05,504
There you go.
(SCOFFS)
403
00:21:06,907 --> 00:21:08,135
And the murder?
404
00:21:08,208 --> 00:21:11,574
It happened after my client and his
colleagues went their merry way.
405
00:21:11,644 --> 00:21:13,407
You should write fiction,
Mr. Maynard.
406
00:21:13,546 --> 00:21:17,242
First off, your client
has multiple violent felonies.
407
00:21:17,649 --> 00:21:22,279
Second, he should thank his lucky stars
he didn't get shot resisting arrest.
408
00:21:22,887 --> 00:21:26,219
In which case, I would be
initiating a wrongful death suit
409
00:21:26,290 --> 00:21:28,918
instead of merely
a Federal civil rights action.
410
00:21:28,993 --> 00:21:33,088
Detective Green thought Mr.
Otum was reaching for a weapon.
411
00:21:33,162 --> 00:21:35,630
He was reaching for
his cell to dial 911.
412
00:21:35,698 --> 00:21:36,897
He thought he was being robbed.
413
00:21:36,965 --> 00:21:38,125
Oh, come on.
414
00:21:38,266 --> 00:21:41,360
A jury can be a strange and
empathetic beast, Ms. Southerlyn.
415
00:21:41,603 --> 00:21:45,629
Now, taking all of the relevant facts
and putting them into perspective,
416
00:21:46,440 --> 00:21:48,999
I have the distinct feeling that we
could make this Federal case go away...
417
00:21:49,075 --> 00:21:51,009
I'm busy,
Mr. Maynard.
418
00:21:56,315 --> 00:21:58,044
Damn cell phone.
419
00:21:58,117 --> 00:21:59,846
Hey, Otum is a known dealer.
420
00:22:00,019 --> 00:22:01,815
I got a history, man.
421
00:22:02,220 --> 00:22:04,313
You two, in my office.
422
00:22:14,197 --> 00:22:15,196
Shut the door.
423
00:22:21,069 --> 00:22:22,331
You're on desk.
424
00:22:22,837 --> 00:22:25,362
Hey, a week or so, tops. It'll
all be straightened out.
425
00:22:25,440 --> 00:22:28,772
Excuse me. Both of you.
You were the only witness.
426
00:22:28,842 --> 00:22:33,006
Otum names the City, the Department,
and you individually in his suit.
427
00:22:33,080 --> 00:22:34,307
He claims you profiled him.
428
00:22:34,380 --> 00:22:36,575
Right. He's a drug dealer
and a murderer.
429
00:22:36,649 --> 00:22:37,741
And he's black!
430
00:22:37,817 --> 00:22:39,307
Have you looked at me recently?
431
00:22:42,154 --> 00:22:46,591
He also claims that you never
identified yourselves as cops.
432
00:22:46,658 --> 00:22:48,147
Come on!
I said, "Police."
433
00:22:48,225 --> 00:22:51,820
And the icing on the cake
is the pounding he took,
434
00:22:52,730 --> 00:22:54,890
with snapshots to prove it.
435
00:23:03,806 --> 00:23:07,707
Tell me. Did I wake up on the wrong
side of the looking glass this morning?
436
00:23:07,775 --> 00:23:09,504
A black cop under investigation
437
00:23:09,577 --> 00:23:12,341
by a white U.S. Attorney
for beating a black suspect.
438
00:23:12,646 --> 00:23:13,840
Times they are
a-changin'.
439
00:23:13,914 --> 00:23:18,112
Yup. And this Detective Green certainly
adds another layer to the cake.
440
00:23:19,185 --> 00:23:20,550
True or false,
441
00:23:20,619 --> 00:23:25,283
the sole purpose of a government and all
its agents is to protect the citizenry?
442
00:23:25,523 --> 00:23:27,047
Sole purpose, no.
443
00:23:27,125 --> 00:23:28,854
Okay, the primary purpose, then.
444
00:23:28,927 --> 00:23:33,056
Once we establish that Detective Green's
actions were not racially motivated,
445
00:23:33,130 --> 00:23:36,861
then we must conclude that they
were just another desperate example
446
00:23:36,934 --> 00:23:39,959
of our government failing
in its most basic function.
447
00:23:40,036 --> 00:23:44,938
Or they were an example of a man resorting
to a primal instinct. Self-preservation.
448
00:23:45,006 --> 00:23:47,406
Detective Green thought Otum
was reaching for a gun.
449
00:23:49,010 --> 00:23:50,944
It was a hell of an argument
though, don't you think?
450
00:23:51,012 --> 00:23:53,844
Actually, Maynard is reaching
back to Trial Tricks 101.
451
00:23:53,914 --> 00:23:57,145
He's using the Federal civil
rights action as leverage
452
00:23:57,218 --> 00:23:59,583
to try to make us
back off the criminal case.
453
00:23:59,652 --> 00:24:01,017
BRANCH: Which you're
not going to do.
454
00:24:01,087 --> 00:24:02,952
Murder one?
I don't think so.
455
00:24:03,256 --> 00:24:04,313
Well, as it turns out,
456
00:24:04,389 --> 00:24:08,382
I took a more advanced version
of that very same class.
457
00:24:09,461 --> 00:24:12,088
We'll see who has the leverage
when the day is done.
458
00:24:13,898 --> 00:24:18,732
The arrests of Carton, Johnson,
and Otum, repeat offenders all,
459
00:24:19,402 --> 00:24:22,803
followed an investigation by
Detectives Briscoe and Green,
460
00:24:23,173 --> 00:24:27,040
whose lieutenant, Anita Van
Buren, supervised the inquiry.
461
00:24:28,144 --> 00:24:32,341
The people of this city owe these
officers a debt of gratitude.
462
00:24:33,481 --> 00:24:35,506
It is the conclusion
of this office,
463
00:24:35,583 --> 00:24:38,983
based on the particular
circumstances of this crime,
464
00:24:39,052 --> 00:24:41,543
and the overwhelming
evidence of guilt,
465
00:24:41,622 --> 00:24:45,455
that the death penalty, although
very rarely sought in this county,
466
00:24:45,925 --> 00:24:46,925
is appropriate.
467
00:24:47,493 --> 00:24:51,553
Lucy Dolan's murder was brutal,
intentional, and pointless.
468
00:24:52,164 --> 00:24:54,689
Our hearts go out
to her loved ones.
469
00:24:55,566 --> 00:24:57,966
Now I'll take your questions.
(REPORTERS CLAMORING)
470
00:25:02,205 --> 00:25:04,639
Mr. Branch, I was
just coming to see you.
471
00:25:05,508 --> 00:25:06,736
You go on ahead.
472
00:25:06,809 --> 00:25:08,503
What can I do
for you, Lieutenant?
473
00:25:08,577 --> 00:25:10,067
I saw your news conference.
474
00:25:10,145 --> 00:25:11,908
Yes. I thought
it went well.
475
00:25:11,980 --> 00:25:14,414
Well, I understand
all about PR, sir,
476
00:25:14,483 --> 00:25:17,883
but I think you may have gone
just a bit overboard on this one.
477
00:25:18,753 --> 00:25:21,550
To quote a great
legal scholar, "So what?"
478
00:25:22,122 --> 00:25:25,956
The two nice ones carry the TV while
the surly one does the shooting.
479
00:25:26,026 --> 00:25:27,993
Any way you deal
the cards, Lieutenant,
480
00:25:28,060 --> 00:25:30,221
it's your garden-variety
felony murder,
481
00:25:30,296 --> 00:25:32,025
punishable by death
in this state.
482
00:25:32,598 --> 00:25:34,827
Besides, I'd think you'd
favor this course of action.
483
00:25:34,899 --> 00:25:36,662
You know what my problem is?
484
00:25:36,734 --> 00:25:38,668
If we fry Carton and Johnson,
485
00:25:38,736 --> 00:25:42,398
the next time my officers find
themselves in a similar situation,
486
00:25:42,472 --> 00:25:45,441
the bad guys may just shoot
to kill. What the hell?
487
00:25:45,509 --> 00:25:47,373
They'd be facing
the death penalty anyway.
488
00:25:47,443 --> 00:25:48,637
You want to talk next time?
489
00:25:48,711 --> 00:25:51,305
What about the next time
three punks hit a 7-Eleven?
490
00:25:51,647 --> 00:25:53,876
Do you want the two without
the gun to get a pass,
491
00:25:53,949 --> 00:25:56,179
when their buddy blows
the cashier's face off?
492
00:25:56,251 --> 00:25:59,618
That's not the message I wanna
send for all the next times.
493
00:25:59,687 --> 00:26:01,746
And in case you missed
the obvious,
494
00:26:01,822 --> 00:26:04,290
I'm trying to save the career
of one of your officers.
495
00:26:04,358 --> 00:26:07,952
Maybe his isn't the only
career being saved.
496
00:26:08,027 --> 00:26:11,588
The Federal case could sway the
jury in your murder trial,
497
00:26:11,664 --> 00:26:14,223
and we both know
a D.A. Can't get re-elected
498
00:26:14,299 --> 00:26:18,962
in this city if he can't convict three
men caught on tape leaving the scene
499
00:26:19,036 --> 00:26:21,561
with the victim's
property in their arms.
500
00:26:22,807 --> 00:26:25,207
You know, Lieutenant,
in the end,
501
00:26:25,276 --> 00:26:28,267
a man's motives are secondary
to his accomplishments.
502
00:26:29,045 --> 00:26:30,808
That same great legal scholar?
503
00:26:30,880 --> 00:26:32,506
That's right. Me.
504
00:26:36,752 --> 00:26:39,276
I take it you don't care for the
new D.A.'s tactics on this one.
505
00:26:39,354 --> 00:26:40,480
Do you?
506
00:26:40,555 --> 00:26:42,216
I think he's just flexing.
If it works, we'll be able
507
00:26:42,290 --> 00:26:45,281
to put Otum and his crew behind
bars and keep Green on the street.
508
00:26:45,359 --> 00:26:49,352
Anyway, the Commissioner, with no ifs, ands,
or buts, said no one from my precinct
509
00:26:49,429 --> 00:26:50,919
could look into Green's case.
510
00:26:51,330 --> 00:26:52,695
That's the drill, isn't it?
511
00:26:52,765 --> 00:26:56,064
See, the thing is, Briscoe said
Otum had a neighbor across the hall
512
00:26:56,135 --> 00:26:58,364
who was kind of nosey
when they first showed up.
513
00:26:58,837 --> 00:26:59,963
And no one's talked to him?
514
00:27:00,305 --> 00:27:02,603
No one got the right answers.
515
00:27:06,644 --> 00:27:08,271
SERENA: Why play games,
Mr. Franks?
516
00:27:08,345 --> 00:27:11,177
We both know you heard them announce
themselves as police officers
517
00:27:11,247 --> 00:27:12,305
when they first arrived.
518
00:27:12,715 --> 00:27:16,151
Maybe I did and maybe I didn't.
Who can say for sure?
519
00:27:17,119 --> 00:27:19,610
If you're afraid of Otum,
we'll take care of you.
520
00:27:20,222 --> 00:27:22,690
You think I don't
read the papers?
521
00:27:22,758 --> 00:27:25,885
I know what happens to people
who testify against gangsters.
522
00:27:25,960 --> 00:27:28,554
Somehow their houses burn
down, their kids disappear.
523
00:27:28,629 --> 00:27:32,155
What the papers leave out is that I
can be equally dangerous, Mr. Franks.
524
00:27:34,267 --> 00:27:35,495
I'll take my chances.
525
00:27:39,204 --> 00:27:40,694
I used to date a CPA.
526
00:27:40,773 --> 00:27:43,036
How nice for you.
Now, if you don't mind.
527
00:27:43,107 --> 00:27:46,440
Sure. Why talk now when we can finish
this discussion in front of a Grand Jury?
528
00:27:46,511 --> 00:27:49,843
Look, I know enough law to know
that you can't force me to testify.
529
00:27:49,913 --> 00:27:52,347
That's right. But I can
cite you for contempt,
530
00:27:53,183 --> 00:27:56,743
and a contempt conviction in New
York is a felony. Did you know that?
531
00:27:57,286 --> 00:27:58,878
And with a felony
on your record,
532
00:27:58,954 --> 00:28:03,049
I'm afraid you'll lose that accounting
license, this nice office...
533
00:28:09,129 --> 00:28:10,824
Mr. Franks gave one
hell of a deposition.
534
00:28:10,898 --> 00:28:13,799
Turns out he heard Briscoe
yell, "Police, don't move."
535
00:28:13,867 --> 00:28:15,697
Did the U.S. Attorney
find him credible?
536
00:28:15,768 --> 00:28:18,362
He found, and I quote, "There were
no grounds for charges against
537
00:28:18,438 --> 00:28:19,803
"the arresting officers."
538
00:28:19,872 --> 00:28:22,305
Which destroys
Maynard's leverage.
539
00:28:22,808 --> 00:28:25,606
I'll wait till morning to call him. Let
him try to sleep thinking his client
540
00:28:25,677 --> 00:28:27,042
is facing a lethal injection.
541
00:28:27,112 --> 00:28:29,705
The sun coming up
changes things? How?
542
00:28:31,215 --> 00:28:32,682
I thought we threatened
capital punishment
543
00:28:32,750 --> 00:28:34,376
just to get some
leverage of our own?
544
00:28:34,818 --> 00:28:38,015
We did. Although, thanks to
Serena, we didn't need it.
545
00:28:40,323 --> 00:28:43,155
You should know, Arthur, I don't
like being sandbagged by anyone.
546
00:28:43,225 --> 00:28:45,545
Well, that's good. For a minute
I thought I was going to get
547
00:28:45,561 --> 00:28:46,858
an earful of morality.
548
00:28:46,928 --> 00:28:49,761
Two of our defendants are being
accused of their first felony.
549
00:28:50,231 --> 00:28:52,461
For all we know, they didn't
even realize Otum had a weapon.
550
00:28:52,533 --> 00:28:53,624
Your point being?
551
00:28:54,334 --> 00:28:56,165
Putting somebody to death
552
00:28:56,403 --> 00:28:58,564
for stealing a television
is reprehensible.
553
00:28:59,005 --> 00:29:01,802
Ah, vox clamantis
from the moral left.
554
00:29:02,208 --> 00:29:04,733
With all due respect, I'm talking
about constitutionality,
555
00:29:04,810 --> 00:29:06,504
or rather, the lack of it.
556
00:29:06,578 --> 00:29:10,674
A death sentence for Carton or Johnson
would be cruel and unusual punishment.
557
00:29:10,749 --> 00:29:15,708
We threaten the death penalty every day to
get one defendant to roll over on another.
558
00:29:15,786 --> 00:29:19,118
Now, those threats become meaningless
if we never actually use it.
559
00:29:19,188 --> 00:29:20,780
Maybe the Governor
of Illinois was right
560
00:29:20,857 --> 00:29:23,052
imposing a moratorium
on capital punishment.
561
00:29:23,526 --> 00:29:24,857
People do make mistakes.
562
00:29:24,927 --> 00:29:28,384
Only it seems to me we've got enough
evidence for two cases on this one.
563
00:29:28,797 --> 00:29:30,924
The only thing we don't
have is a busload of nuns
564
00:29:30,999 --> 00:29:33,296
as eyewitnesses.
I mean, am I wrong?
565
00:29:33,667 --> 00:29:35,692
Do we know these punks
are guilty or don't we?
566
00:29:35,770 --> 00:29:39,170
They're guilty, but, Arthur, are you
sure this is the best case for you
567
00:29:39,239 --> 00:29:40,239
to prove a point?
568
00:29:41,441 --> 00:29:43,238
You don't like to be sandbagged.
569
00:29:43,309 --> 00:29:45,333
I don't like the race card
thrown in my face.
570
00:29:45,411 --> 00:29:46,411
Hey.
571
00:29:46,478 --> 00:29:50,539
Well, you've got to admit, you're not the
typical New York City District Attorney.
572
00:29:51,150 --> 00:29:53,845
Twenty years here and
still the carpetbagger.
573
00:29:53,918 --> 00:29:58,786
My point is this decision may not sit that
well with a large portion of the state.
574
00:29:58,855 --> 00:30:01,756
You worry about the law. I'll
worry about the politics.
575
00:30:03,160 --> 00:30:04,626
Is there anything else?
576
00:30:13,735 --> 00:30:16,329
It's political suicide,
but it is his choice.
577
00:30:16,404 --> 00:30:19,133
So we just go on our trigger-happy
way until the next election?
578
00:30:19,907 --> 00:30:22,398
The man is a District
Attorney, not Attila The Hun.
579
00:30:22,910 --> 00:30:25,104
Every case will be judged
on its own merits.
580
00:30:25,178 --> 00:30:26,236
And this case?
581
00:30:26,312 --> 00:30:29,748
How often do we have the
defendants on video, Serena?
582
00:30:30,549 --> 00:30:33,245
Or find a crime scene
covered in fingerprints?
583
00:30:33,318 --> 00:30:35,548
Or the stolen goods in
the defendant's apartment?
584
00:30:35,620 --> 00:30:38,713
How often is someone killed
for a television set?
585
00:30:41,125 --> 00:30:43,786
To me, that pretty much
defines "heinous."
586
00:30:45,128 --> 00:30:48,256
And if Maynard was right and Lucy
Dolan was really a drug dealer?
587
00:30:48,331 --> 00:30:52,266
Maynard can't put any of her
hypothetical clients on the stand,
588
00:30:52,334 --> 00:30:54,962
and there's no way he lets any
of his defendants testify.
589
00:30:55,037 --> 00:30:57,869
All in all, I don't think
we have to worry about that.
590
00:31:01,142 --> 00:31:05,168
Miss Dolan's apartment was dusted for
fingerprints by the Crime Scene Unit.
591
00:31:05,412 --> 00:31:06,777
JACK: The result?
592
00:31:06,880 --> 00:31:08,813
Mr. Carton and Mr. Johnson's
prints were found
593
00:31:08,881 --> 00:31:10,348
on the coffee table, here.
594
00:31:10,783 --> 00:31:14,378
Mr. Otum's palm print on a surface
behind the entertainment center.
595
00:31:14,753 --> 00:31:17,880
Could you demonstrate how a palm print
could come to be in that location?
596
00:31:18,223 --> 00:31:21,623
Uh, well, if you were removing
a unit, uh, say, here.
597
00:31:21,925 --> 00:31:25,053
JACK: That would be the plasma TV
already marked as People's Three?
598
00:31:25,128 --> 00:31:27,891
That's correct, yeah. Uh,
anyway, from the center,
599
00:31:27,964 --> 00:31:32,060
you have to lean here to
detach the cables, and so on.
600
00:31:32,702 --> 00:31:34,225
Yes. Thank you.
601
00:31:37,439 --> 00:31:41,704
All of this to prove that the defendants
were actually in Miss Dolan's apartment?
602
00:31:42,443 --> 00:31:44,163
Hell, we would have
stipulated to that fact.
603
00:31:44,178 --> 00:31:48,511
Mr. Beck, does any of this prove
that the television set was stolen?
604
00:31:48,781 --> 00:31:51,272
It was taken off the wall.
That wasn't my question.
605
00:31:54,620 --> 00:31:55,620
No.
606
00:31:56,388 --> 00:31:57,787
MAYNARD: That's all.
607
00:31:59,057 --> 00:32:00,284
JUDGE: Anything else?
608
00:32:00,424 --> 00:32:01,721
Nothing, Judge.
609
00:32:01,792 --> 00:32:04,420
Nothing on behalf
of Mr. Carton, Your Honor.
610
00:32:06,363 --> 00:32:08,456
My daughter never gave me
a moment's grief
611
00:32:08,532 --> 00:32:10,523
and she never harmed
anyone in her life.
612
00:32:10,600 --> 00:32:13,329
She was a kind, decent person.
613
00:32:14,537 --> 00:32:16,528
She didn't deserve
to die like that.
614
00:32:17,306 --> 00:32:18,306
JACK: Nobody does.
615
00:32:18,574 --> 00:32:20,632
Objection.
JUDGE: Sustained.
616
00:32:20,909 --> 00:32:23,309
This is a courtroom, Mr.
McCoy, not an op-ed column.
617
00:32:25,413 --> 00:32:28,643
Mrs. Dolan, how often did
you speak with Lucy?
618
00:32:29,082 --> 00:32:30,811
Oh, several times a week.
619
00:32:30,884 --> 00:32:33,716
Did she ever mention
a friend named Danny Otum?
620
00:32:33,786 --> 00:32:35,219
No.
Matt Carton?
621
00:32:35,288 --> 00:32:36,585
No.
Harry Johnson?
622
00:32:36,656 --> 00:32:38,419
No.
So, as far as you know,
623
00:32:38,490 --> 00:32:40,788
these men I just mentioned
had no legitimate reason
624
00:32:40,859 --> 00:32:42,759
to be in her apartment?
625
00:32:42,928 --> 00:32:44,259
None that I know of.
626
00:32:44,329 --> 00:32:45,328
Thank you.
627
00:32:48,766 --> 00:32:50,324
Your daughter was hardworking?
628
00:32:50,401 --> 00:32:53,164
She tried, sir.
Very hard, yes.
629
00:32:53,770 --> 00:32:56,000
But honestly, ma'am,
she wasn't successful,
630
00:32:56,072 --> 00:32:58,403
as an actress, or singer,
or comedian?
631
00:32:58,473 --> 00:32:59,633
It takes time.
632
00:32:59,708 --> 00:33:01,107
Yes, it does.
633
00:33:01,176 --> 00:33:02,768
Did you know that at the time
of your daughter's death,
634
00:33:02,844 --> 00:33:05,209
Lucy owned approximately
$50,000 worth
635
00:33:05,279 --> 00:33:06,576
of stereo equipment?
636
00:33:06,647 --> 00:33:08,239
Yes. The police told me.
637
00:33:08,316 --> 00:33:10,181
And did they tell you
that she also owned
638
00:33:10,251 --> 00:33:14,311
a late-model BMW worth in the
neighborhood of $60,000?
639
00:33:14,387 --> 00:33:17,981
Do you know what it's like to
inherit from your daughter?
640
00:33:18,057 --> 00:33:20,787
I truly have sympathy
for you, Mrs. Dolan.
641
00:33:20,859 --> 00:33:22,690
But could you please
answer my question?
642
00:33:23,628 --> 00:33:26,893
Yes. The police told me
about the car.
643
00:33:27,498 --> 00:33:29,261
MAYNARD: In her tax returns
filed for the last three years,
644
00:33:29,334 --> 00:33:30,664
she shows no significant income.
645
00:33:30,734 --> 00:33:33,464
She had no credit card,
no bank account.
646
00:33:33,537 --> 00:33:35,767
Do you have any idea
how she bought those items?
647
00:33:36,006 --> 00:33:39,497
No. People loved her.
648
00:33:41,210 --> 00:33:42,210
Maybe someone...
649
00:33:42,278 --> 00:33:44,074
Or maybe she was selling drugs.
650
00:33:44,279 --> 00:33:45,746
Objection. No foundation.
651
00:33:46,247 --> 00:33:47,247
Withdrawn.
652
00:33:47,315 --> 00:33:48,315
JACK: Your Honor.
653
00:33:48,383 --> 00:33:49,872
Jury will disregard.
654
00:33:51,118 --> 00:33:53,143
MAYNARD: Thank you for
your honesty, Mrs. Dolan.
655
00:33:53,220 --> 00:33:55,245
I appreciate how
difficult this has been.
656
00:33:56,456 --> 00:33:57,514
JUDGE: Counselors?
657
00:33:58,124 --> 00:33:59,489
No questions for this witness.
658
00:33:59,559 --> 00:34:01,584
Uh, not me, Your Honor.
659
00:34:03,528 --> 00:34:06,361
Specifically, my field
is forensic accounting.
660
00:34:06,465 --> 00:34:09,558
I determine the worth of businesses,
usually for purposes of litigation
661
00:34:09,634 --> 00:34:11,295
or matrimonial matters.
662
00:34:11,369 --> 00:34:15,532
At my request, Mr. Vavoulis, did you evaluate
the worth of Lucy Dolan's enterprise?
663
00:34:15,805 --> 00:34:17,602
Again, no foundation.
664
00:34:17,674 --> 00:34:19,403
Actually, I can help with that.
665
00:34:19,643 --> 00:34:21,439
Let's hear what you've got.
666
00:34:21,510 --> 00:34:24,604
This chart helps establish
what we call a PBA,
667
00:34:24,913 --> 00:34:26,881
a "Pattern of
Business Activity."
668
00:34:26,949 --> 00:34:30,213
The enormous volume of phone
calls over the past five months
669
00:34:30,284 --> 00:34:32,309
is a clear indication
of business activity.
670
00:34:32,587 --> 00:34:35,487
And the underlying data was derived
from Lucy Dolan's home phone?
671
00:34:35,555 --> 00:34:38,217
No. It's a cellular phone.
But the same principles apply.
672
00:34:38,458 --> 00:34:39,516
Go on.
673
00:34:39,593 --> 00:34:43,084
When this phone activity is viewed
in light of Miss Dolan's net worth,
674
00:34:43,162 --> 00:34:45,687
as determined
by her tangible assets,
675
00:34:45,765 --> 00:34:48,790
such as automobiles, home
furnishings, personal property...
676
00:34:48,867 --> 00:34:51,631
I see not just a going
concern, but a thriving one.
677
00:34:51,703 --> 00:34:55,138
And could you determine what kind of
business Miss Dolan was involved in?
678
00:34:55,205 --> 00:34:58,834
No. But if I had to guess, based
on the voluminous cell phone use
679
00:34:58,909 --> 00:35:00,808
and the hours
of the incoming calls,
680
00:35:00,877 --> 00:35:03,311
I'd say it was something,
perhaps, not legal.
681
00:35:03,546 --> 00:35:04,808
MAYNARD: Drugs?
Perhaps.
682
00:35:05,181 --> 00:35:08,479
And have you ever analyzed a narcotics
business before, Mr. Vavoulis?
683
00:35:08,550 --> 00:35:12,384
Yes. I've been hired by the FBI on several
occasions. And this fits the profile.
684
00:35:16,557 --> 00:35:20,720
Could this pattern also apply
to some other home business,
685
00:35:20,794 --> 00:35:22,921
such as, say,
selling Tupperware?
686
00:35:25,165 --> 00:35:26,164
Yes.
687
00:35:26,832 --> 00:35:27,832
JACK: Thank you.
688
00:35:32,804 --> 00:35:34,032
Come on.
I'll buy you a drink.
689
00:35:34,505 --> 00:35:36,666
Sure, why not start
the celebration early?
690
00:35:37,709 --> 00:35:40,302
Why not relax after
a long day in court?
691
00:35:44,281 --> 00:35:45,372
Fine.
692
00:35:46,682 --> 00:35:49,014
You know, every Christmas,
my father used to drag us
693
00:35:49,085 --> 00:35:51,144
to St. Bartholomew's
for midnight mass.
694
00:35:51,853 --> 00:35:53,582
It was literally
filled to the brim.
695
00:35:53,655 --> 00:35:55,486
There's a lot of guilt
that time of year.
696
00:35:55,857 --> 00:35:58,051
But the thing that
I remember most
697
00:35:58,125 --> 00:36:00,320
was the walk home
after the service.
698
00:36:01,195 --> 00:36:03,686
Rain or snow, it didn't
matter, we still walked,
699
00:36:04,564 --> 00:36:07,089
and all the way home, the only
thing I could think about was,
700
00:36:07,166 --> 00:36:11,534
"What's wrong with me? Why aren't I like
all of those people who actually believe
701
00:36:11,603 --> 00:36:13,468
"the words that
they're singing?"
702
00:36:13,538 --> 00:36:16,268
Maybe it was the eggnog
your uncle Harry slipped you.
703
00:36:16,341 --> 00:36:18,205
I'm being serious, Jack.
704
00:36:19,510 --> 00:36:22,274
My point is, right now I'm
more convinced than ever
705
00:36:23,013 --> 00:36:24,741
that this job would
be a lot easier
706
00:36:24,814 --> 00:36:27,180
if I was one of those people from St.
Bart's.
707
00:36:28,952 --> 00:36:31,943
At least then, making a decision
about taking a man's life
708
00:36:32,020 --> 00:36:34,147
wouldn't be so excruciating.
709
00:36:35,691 --> 00:36:39,558
Because there'd be a rule that the
death penalty is always wrong.
710
00:36:40,895 --> 00:36:42,453
A lot of people believe that.
711
00:36:42,764 --> 00:36:45,231
Leaving only us heathens
to struggle through
712
00:36:45,298 --> 00:36:48,165
the muck and mire of a world
that's doused in gray.
713
00:36:50,503 --> 00:36:52,266
What if we're wrong?
714
00:36:53,072 --> 00:36:56,370
Do Matt Carton and Harry Johnson deserve
to die just because we can squeeze
715
00:36:56,441 --> 00:36:58,739
what they did into some statute?
716
00:36:58,810 --> 00:37:00,334
Yeah, mistakes.
717
00:37:01,746 --> 00:37:03,110
I try not to make them.
718
00:37:04,915 --> 00:37:06,314
But like they say
at St. Bart's,
719
00:37:06,383 --> 00:37:09,476
we're all sinners,
so we all make mistakes.
720
00:37:10,920 --> 00:37:14,048
That's why they have a judge
and a defense attorney.
721
00:37:17,459 --> 00:37:18,756
It ain't pretty,
722
00:37:20,562 --> 00:37:22,324
but I can live with it.
723
00:37:24,398 --> 00:37:25,592
It's a copout.
724
00:37:34,307 --> 00:37:38,470
Three black men caught on tape loading
a plasma screen TV into an SUV.
725
00:37:39,778 --> 00:37:41,574
They must be killers.
726
00:37:41,646 --> 00:37:43,341
Three black men
in the victim's apartment.
727
00:37:43,414 --> 00:37:45,405
They must have been there
to kill her.
728
00:37:45,917 --> 00:37:47,406
That's the People's case.
729
00:37:47,684 --> 00:37:49,049
They don't have a murder weapon.
730
00:37:49,619 --> 00:37:51,678
They say they have a motive.
But do they?
731
00:37:51,788 --> 00:37:55,917
A room full of expensive equipment, and
all that was taken was a television set.
732
00:37:56,959 --> 00:37:59,291
The People's case is laughable.
733
00:37:59,361 --> 00:38:01,658
They want you to ignore the
fact that Lucy Dolan herself
734
00:38:01,729 --> 00:38:03,458
may have been dealing drugs.
735
00:38:03,798 --> 00:38:07,096
They want you to forget the fact
that no motive and no weapon
736
00:38:07,167 --> 00:38:09,328
should always leave us
with no conviction.
737
00:38:19,212 --> 00:38:24,342
The defense admits the defendants
were at the scene of the crime.
738
00:38:24,416 --> 00:38:28,943
They had to. They had their fingerprints
all over Lucy Dolan's walls.
739
00:38:29,887 --> 00:38:34,550
The defense admits that the defendants
carried Miss Dolan's television
740
00:38:34,624 --> 00:38:35,921
from her apartment
741
00:38:35,992 --> 00:38:38,426
at or near the time
of her murder.
742
00:38:39,161 --> 00:38:42,221
They had to.
We had them on video.
743
00:38:43,699 --> 00:38:46,724
They can slander the victim
as much as they like,
744
00:38:46,801 --> 00:38:49,497
with charts and graphs
and assumptions,
745
00:38:51,571 --> 00:38:53,095
but where I come from,
746
00:38:53,440 --> 00:38:55,567
one plus one
does not equal three.
747
00:39:08,119 --> 00:39:10,178
Thank you for coming.
Why wouldn't we?
748
00:39:10,788 --> 00:39:12,747
The fact that you asked us
here leads me to believe
749
00:39:12,789 --> 00:39:14,450
you're not all that confident.
750
00:39:14,524 --> 00:39:16,754
Quite the opposite,
Mr. Hanft.
751
00:39:16,827 --> 00:39:18,123
We're very confident.
752
00:39:18,494 --> 00:39:20,758
We're trying to keep
your clients alive.
753
00:39:21,063 --> 00:39:23,258
JACK: The fact is, Danny
Otum's ship is sinking.
754
00:39:23,432 --> 00:39:25,899
Considering the time
and the place in history,
755
00:39:25,967 --> 00:39:29,164
if your clients stay on board, they're
looking at a lethal injection.
756
00:39:33,440 --> 00:39:35,465
It's not worth rolling the dice.
757
00:39:36,576 --> 00:39:39,238
We're just following
our client's directions.
758
00:39:39,412 --> 00:39:41,175
And what law schools
did they go to?
759
00:39:41,247 --> 00:39:44,079
The ones that tell them innocent
people don't get convicted.
760
00:39:44,616 --> 00:39:46,516
You actually believe them?
761
00:39:46,585 --> 00:39:49,179
No. But it's not
my decision to make.
762
00:39:49,754 --> 00:39:53,155
That's right. Mr. Maynard
is running the show.
763
00:39:54,292 --> 00:39:55,657
We're done.
764
00:40:09,270 --> 00:40:11,568
Has the jury reached a verdict?
765
00:40:11,639 --> 00:40:12,879
FOREPERSON:
We have, Your Honor.
766
00:40:13,775 --> 00:40:15,901
As to defendant Harry Johnson,
767
00:40:15,976 --> 00:40:18,342
we find him guilty of
murder in the first degree.
768
00:40:19,112 --> 00:40:23,673
As to defendant Matthew Carton,
guilty of murder in the first degree.
769
00:40:24,650 --> 00:40:29,143
As to defendant Daniel Otum, guilty
of murder in the first degree.
770
00:40:30,021 --> 00:40:32,387
JUDGE: So say you all?
Yes, Judge.
771
00:40:33,058 --> 00:40:35,389
JUDGE: The jury is
temporarily excused.
772
00:40:35,859 --> 00:40:39,295
The sentencing phase of the proceedings
to commence a week from today.
773
00:40:39,997 --> 00:40:40,996
(GAVEL BANGS)
774
00:40:41,397 --> 00:40:42,921
MRS. CARTON: Matthew!
775
00:40:51,039 --> 00:40:52,438
(MRS. CARTON SOBBING)
776
00:40:54,275 --> 00:40:55,275
Congratulations.
777
00:41:02,916 --> 00:41:03,916
Matthew.
778
00:41:20,230 --> 00:41:22,130
You're the one who said that
this case was a slam dunk.
779
00:41:22,232 --> 00:41:24,063
Why are you working
overtime on sentencing?
780
00:41:24,634 --> 00:41:28,228
What did that forensic accountant say
about Dolan's incoming phone activity?
781
00:41:28,337 --> 00:41:30,271
That it was
an enormous volume. Why?
782
00:41:30,740 --> 00:41:33,401
Common sense says it should
have stayed roughly the same
783
00:41:33,475 --> 00:41:37,639
at first, tapering off as word got out
that Lucy was no longer in business.
784
00:41:37,712 --> 00:41:40,407
Look at this here
in her phone records.
785
00:41:41,749 --> 00:41:43,046
Whoever this is
786
00:41:44,118 --> 00:41:46,312
called once every couple
of days for months.
787
00:41:49,222 --> 00:41:51,190
But he never once called
after she was murdered.
788
00:41:53,859 --> 00:41:55,121
He knew she was dead.
789
00:41:57,496 --> 00:41:59,019
Call Van Buren.
790
00:42:05,001 --> 00:42:06,901
BORGES: It's open, Frankie.
791
00:42:14,777 --> 00:42:15,777
Ernest Borges?
792
00:42:17,378 --> 00:42:18,606
I don't like surprises.
793
00:42:18,679 --> 00:42:20,237
Well, you're gonna
hate this one.
794
00:42:20,348 --> 00:42:21,474
Get up.
795
00:42:24,251 --> 00:42:25,275
Ernest Borges,
796
00:42:25,352 --> 00:42:29,083
you're under arrest for, among other
things, the murder of Lucy Dolan.
797
00:42:29,156 --> 00:42:30,555
You have the right
to remain silent.
798
00:42:30,623 --> 00:42:33,263
Anything you say can and will be
held against you in a court of law.
799
00:42:33,659 --> 00:42:35,957
Ballistics came back on the
gun from Borges' apartment.
800
00:42:36,028 --> 00:42:37,027
It's the murder weapon.
801
00:42:37,095 --> 00:42:39,359
His lawyer's already
itching for a sit-down.
802
00:42:39,431 --> 00:42:43,594
And we can't find a connection between
Borges and Otum, Carton, or Johnson.
803
00:42:43,834 --> 00:42:46,462
You've filed the appropriate
papers for their release?
804
00:42:46,537 --> 00:42:52,031
In the works. Maynard was so busy slandering
Lucy Dolan, he forgot to do his homework.
805
00:42:52,742 --> 00:42:57,041
Truth is, I always thought either
Carton or Johnson would roll on Otum.
806
00:42:58,013 --> 00:43:01,176
Are you saying that all of this
was part of Trial Tricks 102?
807
00:43:02,416 --> 00:43:04,316
That, or a big, juicy mea culpa.
808
00:43:06,187 --> 00:43:09,155
All three of them should put Serena
on their Christmas card lists.
809
00:43:09,789 --> 00:43:12,986
I just wish that there was a way to
prevent all of this from happening again.
810
00:43:13,927 --> 00:43:16,326
There is.
Move to Illinois.
811
00:43:18,397 --> 00:43:20,627
I think he's pulling
your leg, Serena.
812
00:43:20,766 --> 00:43:23,029
You know, this whole affair
makes you think twice.
813
00:43:24,202 --> 00:43:25,226
About the death penalty?
814
00:43:28,872 --> 00:43:30,601
About where to buy you a steak.
815
00:43:36,212 --> 00:43:38,112
Come on. We'll split a cab.
816
00:43:39,482 --> 00:43:47,210
No, I'll walk.
Ripped By mstoll