the people are represented
by two separate yet equally important groups:
The police, who investigate crime
and the district attorneys
who prosecute the offenders.
These are their stories.
Here you go.
Thanks.
It's up to 26 mil this week.
They're selling 10,000 tickets a minute
and today, Isaac picks to oversleep.
You forgot the milk.
Yeah, yeah.
Look at that, will you?
You know, Isaac's never been this late.
POLICEMAN: They should have never traded this guy.
He damn near led the league last year in Philly.
He couldn't hit lefties in Shea.
Look, I'm gonna go check this out.
Maybe Isaac's in there.
He just forgot to turn on the lights.
Jimmy!
Corner of 12th and Elizabeth!
We got an EMU-- we need an EMU here immediately!
Captioning sponsored by NBC/Universal
Back door is open.
Forced?
Nope.
Anyone coming in or going out?
Not through the front door, no.
How close were you looking?
We were waiting right outside for him to open.
The place was locked up.
Cash register's clean.
His name's Isaac-- Solnik, Skolnik...
Real nice guy-- Russian.
Hell of a "Welcome to America."
CORONER: He's got acute subdural hematoma.
That's, uh, bleeding around the brain.
The pressure gets built up.
Fatal?
Eh, five to two against.
Then again, I bet heavy on Oakland.
We'll have to drill holes to make sure it doesn't go pop.
When will Mr. Skolnik be able to talk to us?
Couple or three days, if we're lucky.
I'm doing another CAT scan this afternoon.
If we're unlucky?
Intercranial damage--
brain edema, spastic hemiplegia... never.
MAN: Joey, hand me that bundle. I'm short one.
Every morning around 5:30.
What about this morning?
Same as usual.
I don't even know the guy.
I mean, he's still closed when I get there
in the morning, you know?
I leave the papers out front-- que sera, sera.
Did you see anything unusual in the neighborhood this morning?
It's Greenwich Village, man.
You tell me.
Like junkies, for instance?
No, no, they're over on Tenth.
I toss those papers and I haul ass.
You know, come to think of it, there's usually this weirdo
hanging out outside the store.
Sleeps on the subway grating,
over on the corner, you know?
Real scuzzy, know what I mean?
And Loony Tunes, man!
Wears this ripped-up army jacket with a blue watch cap.
Looks like he's stoned all the time.
There is no fire like passion.
There is no shark like hatred.
There is no snare like folly.
There is no torrent like greed.
Look, Mr. Hoover, you had 112 bucks in your pocket.
Now, either business was real good
or you did something real nasty.
Sergeant Greevey?
Yeah?
Meg Hennessey, Homeless Defense League.
I'm sure you read Mr. Hoover his rights.
Mr. Hoover's not under arrest.
He willingly agreed to help us with our investigation.
From now on, keep quiet, Edgar.
Edgar Hoover.
My client has spent six years
in an institution.
Oh, well, he's cured.
There is no way he could be
charged with any crime,
let alone serve any time.
I'm sure you gentlemen are familiar
with the word "incompetent"?
Yeah, well, from where I sit,
he's competent enough to do 3 1/3 to ten years.
Isaac was a capitalist.
What?
But he couldn't help himself. He had a good heart.
He gave me cigarettes.
And 112 bucks?
Don't answer that, Edgar.
Ah, men have done time for less, Miss Hennessey.
He was already down.
And you helped yourself to the money?
Fast-forward, Hoover.
I've seen this before.
Look.
Look at him.
Look at me.
Isaac had six inches and 60 pounds on me.
If I tried anything, I'd be the one with tubes up my nose.
I saw a guy come out the back in the alley.
Mean-looking, fancy suit.
Like Donald Trump.
Could you recognize him?
His face is etched right here.
Let me ask you something.
If you liked Isaac so much, why'd you clean his register?
Didn't look like he was going to need it.
So, all we got is the wacko?
Our guy lets the perp in.
He does his business
without even peeking into the register.
Well, maybe he was a rookie. Maybe he forgot.
Maybe he was after something else.
And maybe he wasn't, Max.
This is New York, remember?
Sometimes, people get beat up just for the hell of it.
Sometimes, they even get dead.
It's a fact of life. It's not always a conspiracy.
All I'm saying is that..
I just got a nibble.
Guy named Ahkbar.
He's an Indian.
Owned a candy store down on 14th.
Two months ago, he's beat to a pulp.
Get this-- no robbery,
no witnesses, no arrests.
Okay, once, it's part of the freak show.
Twice, maybe it's a little more organized.
LOGAN: M.O.-- Brutal. Could be gangs.
GREEVEY: Westies, Koreans,
Russians, Vietnamese...
The guy was wearing a suit, remember?
Donald Trump?
Go talk to the Indian.
Yeah, well, we're a little late.
He wasn't as lucky as Isaac.
WOMAN ( over P.A. ): Dr. Nash to orthopaedics.
Is it true that most robberies go unsolved?
Well, uh, we don't think this was a robbery.
Does your father have any enemies?
He works, he sleeps...
on the holidays he goes to shul.
Since my mother died, he's kept very much to himself.
Does he gamble?
No, never.
Borrow money?
Why would he borrow?
He makes $75,000 a year at the store.
I don't understand
what you're getting at, Detective.
This was not an isolated incident.
My father never broke the law in his life.
Maybe he ruffled somebody's feathers.
We would just like to get on with our lives.
Why would we put ourselves into further jeopardy?
Well, it looks to me like you're already in jeopardy.
You don't want to go through this again, do you?
Two weeks ago, I was at the store.
I answered the phone.
It was a man by the name of Pilefsky.
My father made me hang up.
You know what it was about?
No, he wouldn't say,
but he warned me never to say anything to anyone.
He was scared.
LOGAN: Joe Pilefsky.
'71-- assault, '73-- assault.
'75, '76-- more assault.
Charges KO'd.
Sounds like muscle.
'80-- possession of stolen goods.
'82-- extortion.
'84-- federal extortion.
No convictions.
A real sweetheart.
Alleged sweetheart.
You think Edgar can ID him?
Depends on what planet he's on today.
I don't think he'd recognize himself,
if he looked in the mirror.
If he hits, I want to put him up in a hotel until trial.
No way.
We can't hold him,
and we can't be sure he won't disappear.
The Filmore's only 30 bucks a night.
That's the guy.
LOGAN: You sure?
Etched in stone.
See if you can find something a little cheaper
than the Filmore.
And pick up Pilefsky-- quick.
Look, I never heard of Skolnik.
I never heard of Ahkbar.
Tuesday night, I worked till almost 3:00.
And after that?
Early to bed.
Early to rise.
I'm sure somebody can confirm that.
Yeah, but I never got her name.
You've got zippo on Mr. Pilefsky.
Only an eyewitness.
Your Mr. Hoover
is the Babe Ruth of crazy.
You know what I'm gonna do to him
on the stand?
No secrets, gentlemen.
There's got to be something more going on.
A guy that wears $1,200 suits
doesn't do a number in a candy store just for kicks.
Joe Pilefsky stinks.
Somebody, somewhere, ordered this.
Whoa, Mike-- the stink test doesn't wash with a jury.
We'd be lucky to convict on assault.
Hey, Pilefsky's mobbed up. We all know it.
I say let's give it a spin, see where it lands.
I figure we do a complete bio--
friends, relatives, cellmates.
Fine! Great!
Be my guest-- but when the wheel stops,
my guess is we're going to be back where we were yesterday--
a witness who, on a great day, belongs in a rubber room.
In other words, we got zip, bubkes, zero!
( phone rings )
What?
Less than zero.
WOMAN: I looked in-- Hoover's dead as a doornail.
LOGAN: Why'd you look?
TV was playing all night.
The guy in 212 was complaining about the noise.
Check-out was noon.
Somebody's got to pay for today.
He lives for ten years on the street, eating garbage.
We give him a meal and a bed, and a day later, he's dead.
You sure it was the booze?
He had a smile on his face.
A pig in poop.
Well, it's bad timing. Screws the pooch on Pilefsky.
Nobody knows about Hoover. Nobody has to.
Let me hold on to Pilefsky for a couple of days,
at least until Isaac can talk.
We've got a constitution, Max.
News flash!
Pilefsky's
co-defendant on the federal extortion rap
was a wise guy named Mario Zalta.
Masucci family?
What would the Mob want
with a guy who sells newspapers?
They want to keep up on current events.
Yeah, well, it seems like Zalta is a real choirboy now.
He's got an import-export business, down near the river.
Well, I'm sure he wouldn't mind answering a few questions.
We don't need to go headhunting here, Max.
Cutting off a couple of toes would make me very happy.
Meaning?
Meaning Pilefsky first.
Anyone else is gravy.
LOGAN: How's this sound?
Pilefsky, Zalta.
Zalta, Masucci.
But that's like, you know...
you know, uh, past tense.
Yeah. You don't associate with Mr. Masucci anymore, huh?
Hey.
Honesty is the best policy, hmm?
Also, it's a lot safer.
Think about it.
What would Frank Masucci want
with some old Russian candy store owner?
Protection?
He's been watching too many old flicks here.
This isn't Chicago in the '20s over here, eh?
I forgot-- the Mafia doesn't exist.
What about Joe Pilefsky?
He's just dumb muscle.
He probably just got mad because your Russian
sold him a bad Lotto ticket.
People don't end up in ICU over a Lotto ticket.
This is New York.
Go figure.
( Greevey sighs )
It could be anything-- drugs, weapons...
Masucci's diversified.
How about I check the back?
Looks good.
My old lady says I should eat more salad.
I figure what's the point?
I live a couple more years.
Only to eat more salad, huh?
You got it, man.
What's in the boxes?
Garbage-- he calls it art. I wouldn't even give you
ten cents for any of it.
Is that all that comes through here?
Are you kidding?
Everything from screwdrivers to kiwi berries.
Zalta's not what you call a specialist.
Anything else?
Look, man, you know how hard it is to get work?
I keep my eyes closed, I keep my job.
What about your ears?
Sure, I hear stuff.
What kind of stuff?
Like guys that talk don't talk for very long.
Look, I seen Godfather I, II, and III.
That's Hollywood.
Look, I hear Zalta's connected.
To whom?
Guys whose names end in vowels,
and I don't mean Shapiro.
Really, man, I don't know nothing.
Smoke?
You don't smoke.
Check it out.
No tax stamp.
They're bootlegging cigarettes.
But you didn't have a warrant.
I had a hunch.
He had a hunch.
Well, I'm really glad for you, Mike,
but it's not probable cause.
Ergo, it was an illegal search.
Ergo, the cigarettes are not admissible.
Ergo, we got squat!
At least we know their motive.
Oh, I know I'm going to sleep better.
250 million packs of cigarettes
are sold every year in this city.
State and city taxes come to what?
35 cents a pack? This is big business.
Isaac was about to get in their way.
Get me some probable cause.
Max, listen to this.
Zalta's warehouse is owned
by a Meridian Property Management.
It's a DBA for a guy named Harv Beigel.
Is that supposed to ring a bell?
Not unless you read Page Six.
I checked him out.
Four years ago, Beigel married Katherine Masucci,
Frank's sister.
Zalta's a capo in the Masucci family.
Now, you don't think
that the don would hire his own brother-in-law
to work in the family business, do you?
I love this job.
You guys want something on Frank Masucci?
You're coming to the wrong guy.
I'm into real estate, period.
Mr. Beigel, why don't you just tell us
about your warehouse on 23rd?
Do you want it?
The real estate taxes are killing me,
not to mention the interest payments.
What can you tell us about the lessee?
I haven't dealt with tenants in years-- nothing but headaches.
Gotta talk with my managing agent.
Ask for, uh...
Lichtenstein.
He handles my commercial buildings.
Look, let me just refresh your memory a little, all right?
Your tenant, Mr. Zalta,
and your brother-in-law, Mr. Masucci, are like this.
Five years ago, I was in Saks, shopping for ties.
I couldn't decide between the Adolpho
and the Hermes.
Those long curls and eyes helped me decide.
Four years ago, I married her.
And you didn't know she was Masucci's sister?
I didn't care.
I married the girl, not her family.
Matrimony is not a crime.
Then it's just a coincidence that you rent to Zalta.
I own three office buildings, two apartment houses,
five parking lots and six warehouses.
You can't expect me to be familiar with all of my tenants.
Hey, uh, by the way,
which tie did you buy?
Both.
If you'll excuse me.
I remember when this cost a nickel.
Yeah, when you used to walk barefoot
12 miles through the snow to school, right?
Two hours, Max.
All we got to do is find one guy
who's selling the bootleg cigarettes.
Yeah, then convince him to talk.
If it is the mob, it ain't going to be easy.
You know how many places sell cigarettes?
You got a better idea?
All this to get probable cause
to find out what we already know.
Send your complaints to the supreme court.
Let me have a pack of those...
pack of those...
pack of those.
$6.75.
You're closed for the day, pal.
GREEVEY: There's a guy in Saint Vincent's
with holes drilled in his skull to relieve the pressure
caused by bleeding around his brain.
What's that got to do with me?
He was sent there by Pilefsky.
I never heard of him.
( Greevey sighs )
Think the DA will call Mr. Spivak a co-conspirator?
Maybe.
But selling of stolen goods, tax fraud.
We're talking three years minimum.
Look, I'm just trying to make a buck.
The rent on my place
has doubled over the last couple of years.
A guy comes up to me
and offers to supply me with butts
at 25 cents less than my normal distributor.
And you didn't ask any questions?
SPIVAK ( laughs ): I'm not on salary.
Every penny counts.
I never heard of no Pilefsky.
Who's your supplier?
Obstruction.
That's another year.
Mm-hmm.
Uh, what's in it for me?
Peace of mind.
Maybe you can keep your store.
Zalta. A guy named Zalta.
Assault, possession of stolen goods, tax fraud.
I wouldn't be surprised
if they reopened the case where the store owner died.
Right, what's his name? Ahkbar.
The list goes on.
Mind turning around?
I don't know what you're talking about.
Come on, Mario.
Three truckloads of bootleg cigarettes
just happen to appear in your warehouse?
And a store owner
just happens to pull your name out of a hat?
Suppose I was in the business.
Certainly no need for muscle.
It's a big market out there.
One vendor don't want to do business
so then there's a lot of other takers.
Yeah, and you've never heard of Pilefsky.
I told you...
I don't associate with guys like that no more.
Yeah. Sure.
ROBINETTE: Your witness died.
We can't even charge Pilefsky with jaywalking.
But Pilefsky used to work for Zalta.
Past tense.
We know he beat the hell out of Isaac.
But we can't prove it with a dead witness.
So he walks?
Unless you can connect them.
Zalta swears on a stack that he knows squat
about Pilefsky's number on Skolnik.
We don't need to show knowledge,
just actions furthering a common criminal goal.
That's the beauty of conspiracy.
And if not?
Pilefsky walks.
( over speaker ): Well, fellows, the good news is
the guy who ID'd you isn't going to testify.
The bad news is he's dead.
I don't know nothing about it.
I'm sure you don't.
It's a coincidence
that your attorney knew all about our witness
who then unexpectedly finds himself dead.
You had me locked up.
Even you got friends.
I guess one of them thought they were doing you a favor.
That's not my problem.
The law says it is.
You're stretching, Logan.
Detective Logan is implying that the witness's death
was part of some conspiracy to keep you from going to trial.
And if you had knowledge of it,
you'd be culpable in the eyes of the law.
That's crap.
I don't know nothing.
Well, someone's making it look like you did.
Are you charging him?
We're checking into it.
No secrets, right, Counselor?
It's a con, Joe.
Don't fall for it.
GREEVEY: He's like a dirty sponge.
Squeeze him, all kinds of scum comes out.
He don't spin on Zalta, he walks.
He'll spin.
LOGAN: Murder two is 25 to life, Joe.
You should have stuck with assault.
How much did Masucci pay you to go down on murder two anyway?
So maybe... maybe I roughed up the Russian.
Shut up, Joe.
I'll talk to you later.
I had nothing to do with no cigarettes.
I don't know nothing about them or whacking the nutcase.
So why the number on Isaac then?
He bothered me.
( laughs )
Well, last I heard, annoyance isn't a valid defense.
They were scared he'd talk.
About what?
Oh, I don't know.
Who was scared, Joe?
You need a road map?
25 years is a long time.
So is dead.
Look, I want to deal.
I don't know nothing about whacking Hoover.
I'm sure the DA will listen.
Wait a minute.
Harv Beigel.
Mistake.
We want protection.
There's our connection.
We know that Pilefsky did a number on Isaac.
The vic can't talk
and our only witness has passed on.
So far, you've got nothing.
So it seems.
But we also know our friend Zalta
has been selling bootleg cigarettes to small vendors.
We got a seller who will talk.
Did Zalta supply Skolnik?
No. It seems Isaac overdosed on the American Dream.
He wanted nothing to do with these guys.
LOGAN: He figure he was about to squeal
so our friend Pilefsky taught him that silence is golden.
Now, Pilefsky swears
he knows nothing about the cigarettes.
He did, however, admit he was just doing a favor
for his old friend Beigel.
So Beigel is an accomplice to assault.
It gets better.
Mr. Zalta says he's too chichi
to associate with riffraff like Pilefsky.
But it just so happens he has several truckloads
of stolen cigarettes in his warehouse.
Guess who owns the warehouse?
Beigel.
LOGAN: So even if Zalta
and Pilefsky are telling the truth...
The left hand doesn't know what the right hand is doing...
STONE: But they're washing each other,
so it's conspiracy, gentlemen.
They could all go away for a long time.
With the possible bonus being...
Oh, no, no, that's a different story.
Frank Masucci, he goes for a walk in the woods,
he doesn't leave many bread crumbs.
Defendants are charged with assault,
conspiracy to commit assault, tax fraud and extortion.
JUDGE: How do you plead, gentlemen?
Not guilty, Your Honor.
Not guilty.
Recommendations on bail, Mr. Stone?
Each of the defendants has known connections
to organized crime, Your Honor, and as such,
there is certainly a risk of flight
from the jurisdiction of this court.
My client has a business to run.
May I remind your honor
that he was in no way associated with the assault?
The assault is part and parcel
of the conspiracy charges, Mr. Davis.
Your Honor,
Mr. Beigel has a spotless record.
His only connection to any so-called criminals
is by way of marriage.
JUDGE: Many people think blood is thicker than water.
Bail is set at $150,000.
( indistinct conversations )
Give me a break, will you, Stone?
Howard Beigel is a major player in this town.
You want my advice,
I wouldn't bring that up in court.
Face the facts.
All you've got on Beigel
is the testimony of some third-rate hoodlum.
Implicating your client in a major-league conspiracy.
Look, Ben,
we don't want to have the public humiliation
of a trial.
I'm listening.
Suppose he testifies
against Zalta and Pilefsky.
I don't need Beigel's testimony.
How about possession of stolen goods?
In exchange for what?
Suspended sentence.
You'll be a hero.
Not to that girl who visits her father
every day in the hospital.
What do you want?
Frank Masucci.
Beigel has nothing to do with Masucci.
It's a shame.
Guess I'll see you in court.
I don't even smoke.
I hear it's not very good for your health.
Is it true your brother-in-law
is involved in a conspiracy...?
Hey, as far as I know, Harvey's in the real estate business,
although you never can tell about in-laws.
Can you comment on rumors of your involvement
with the disappearance of union president Russell Mackey?
What do I look like, a travel agent?
Excuse me.
Big Frankie.
Dandy don.
You, too, can have monogrammed socks.
I once saw a kid on the news.
He was going for a world record.
He had 10,000 dominoes lined up.
They filled the floor of Madison Square Garden,
and he flicked the first one
and 30 minutes later, the last one fell.
Where are you going?
It would be nice, wouldn't it,
to put Frank Masucci out of business?
The fed has tried.
Always finds a way.
Even if it does turn out
that Masucci was in on this cigarette scam...
people won't testify against him.
The dominoes are all lined up.
Why don't we just knock over the first one,
see where it leads?
A bird in the hand.
Don't forget what you already got.
It's called spastic hemiplegia.
He won't be able to walk.
Sorry.
You got the man?
Yes.
He'll go to jail.
Well, you never know with a jury.
But I'd feel more secure if your father would testify.
It's the right thing.
He did the right thing once.
Look what happened.
I don't know nothing about assaulting that Russian.
That's the beauty of conspiracy--
the right hand can get the left hand
in a whole lot of trouble. Hey...
Tell me about Frank Masucci, was he involved?
What, you actually think I know what goes on in Camelot?
You're saying that Frank Masucci was not involved.
I'm saying nobody knows what Masucci knows.
That's why he eats at 21 and I'm sitting here.
See you in court.
Before we start,
I want simple assault, suspended sentence.
That depends on Mr. Beigel's song.
You'll be happy.
No matter what happens in court,
the deal stands.
You're smart, Stone,
but Frank Masucci...
I'm listening.
Russell Mackey.
What do you know about our missing union president?
Maybe where he is.
Did Frank Masucci provide the transportation?
Do we have a deal?
If what Mr. Beigel tells me helps Mr. Masucci into court,
we can arrange something.
Frank told me he ordered the hit.
Who pulled the trigger?
Vinny Ruffo.
Masucci's top mechanic.
And where's the body?
We're not that close.
What about Ruffo?
Um...
my guess is he's across the Atlantic.
But talk to Pilefsky.
He and Ruffo are old buddies.
Deal?
We're not even sure Russell Mackey's dead.
He's been missing for eight months.
Beigel will testify to Masucci's confession.
And you're going to believe him?
It's a dangerous lie to tell.
I don't see a body, do you?
You can't even prove a crime has been committed.
Adam, the dominoes are starting to fall.
Beigel ordered the assault on Skolnik
and you're willing to let him walk?
Aren't you?
This is Frank Masucci we're talking about.
All right.
Get me something to corroborate
Beigel's testimony.
Who's going to explain this to Skolnik and his daughter?
First the homeless guy, then Mackey.
What next, JFK?
We're not charging you yet.
What's that supposed to mean?
We know Vinny Ruffo pulled the trigger.
We know you were friends.
I don't know nothing.
Put your thinking cap on, Joe.
Who do you suppose told us about Ruffo?
How do you think we knew you were friends?
Sure, I know him, but that doesn't mean...
Why you protecting him?
Can't you see you're being fingered?
Beigel wants to deal, you're the barter.
Beigel and Zalta are out on bail.
Don't you think it's funny nobody came forward to help you.
Big fish eat littler fish.
I had nothing to do with it.
Beigel and Zalta tell a different story.
You know the truth, Joe.
Was it Ruffo?
Did he kill Mackey on Masucci's orders?
You don't know what you're asking me.
Was it Ruffo?
Frank Masucci?
MASUCCI: Yes?
You're under arrest
for the murder of Russell Mackey.
You have the right to remain silent.
If you do not choose to exercise that right...
Don't ruin lunch for my guests.
Seven to one, I'll be teeing off at Lacoste Wednesday morning.
What about the eyewitness testimony?
Ever draw to an inside straight?
Greed makes people see things that aren't there.
Mr. Masucci is a successful businessman.
The DA's office
has this irrational vendetta against him and his family
simply because of his Sicilian background.
That's not justice, it's prejudice.
Mr. Stone, Mr. Stone.
The defense is claiming that this case is based
solely on your bias against Mr. Masucci's background.
The laws of the State of New York
draw a line between civil and uncivil behavior.
Some people step over that line.
Against those people, yes, I am prejudiced.
Excuse me.
Please state your full name for the record.
Florence Mackey.
Are you married, Ms. Mackey?
I was.
Objection. Can the witness produce
either a certificate of divorce
or a death certificate?
Sustained.
Who was your husband?
Russell Mackey.
And what position did he... excuse me, does he hold?
He's the president of local 297.
And when was the last time
you spoke to or saw your husband?
Last May-- May 16th.
Thank you.
No further questions.
Do you have any children, Mrs. Mackey?
Relevance, Your Honor.
I believe that the jury is entitled to hear
about the alleged victim's family life, Your Honor.
I'll allow it.
I have a son.
And when was the last time you saw your son?
Please answer the question.
Two years ago.
Did you ever think, Mrs. Mackey,
that perhaps it's your company that's repellant
to the men in your life?
Objection, Your Honor.
Withdrawn.
Mr. Zalta, what, if any, business relationship
do you have with the defendant?
I don't know what you mean.
Permission to treat this witness as hostile, Your Honor.
Go ahead, Mr. Stone.
In your dealings in the import-export business,
you frequently retain trucking companies.
Is that true?
Oh, yes.
Was one of those companies Beckner Trucking?
Yeah.
Isn't it true that you have in the past 24 months
used Beckner Trucking for 92% of your deliveries?
Could be.
Your Honor?
Make your answers more responsive,
or you'll be held in contempt.
Did you use Beckner that much?
Yeah... yes.
And Beckner is a non-union shop?
Yeah.
So naturally, Mr. Russell Mackey, as president
of the trucking union, would be very upset, isn't that true?
I wouldn't know.
Who owns Beckner Trucking?
You're under oath, sir.
Frank Masucci.
I beg your pardon?
( coughs )
Frank Masucci.
Uh, it was the 4th of July.
I was at Frank's house.
That's the defendant, Frank Masucci?
Uh, yes.
That's when he told me.
Told you what, Mr. Beigel?
Uh...
Frank was tired of Mackey showing up with his hand out.
Said it wasn't curiosity that killed the cat.
It was greed.
STONE: What else did he say?
Calls for hearsay, Your Honor.
No, it's a statement against interest, Your Honor.
Overruled.
He said, uh...
Mackey would no longer be any trouble,
and he said that Vinny Ruffo took care of him.
So the defendant confessed to you
that he ordered Russell Mackey's murder?
I told you what he said.
Thank you, Mr. Beigel.
So you would have us believe
that Frank Masucci just volunteered this information?
That's right.
Did he offer any colorful details?
Frank said he was disgusted.
He said he wasted four hours trying to convince him.
So, no cement shoes, no horse's head in the bed?
Your Honor...
Mr. Zuckert.
Mr. Beigel, isn't it true
that you cut a deal with the district attorney
in exchange for this testimony?
Yes.
And isn't it also true that the defendant
is your brother-in-law?
Yes.
There goes that invitation to Christmas dinner, Mr. Beigel.
Your Honor, please...
Your Honor, even if we assume
that this witness's testimony is true--
that my client
would be dumb enough to confess to the murder
of Mr. Mackey-- the rules of evidence are clear
that when there is no corpus delicti,
the defendant cannot be convicted
on the basis of his confession alone.
Where's the beef, Your Honor?
There's no proof that Mr. Mackey is dead,
let alone murdered.
Now, unless Mr. Stone can offer some independent
corroborating evidence that a crime was even committed
I move for an immediate dismissal.
Thank you for your eloquent summary of the law, Mr. Zuckert.
Mr. Stone?
The State plans to offer
such corroborating evidence, Your Honor.
I'm looking forward to it.
Tomorrow, gentlemen.
So Masucci didn't like paying Mackey off,
but that doesn't mean that he killed him.
The jury is looking to convict, Adam.
I think they believe Beigel's testimony.
Yeah, they may also believe
that he'd say anything to stay out of jail.
People don't usually jump at the chance
to testify against Frank Masucci.
Skolnik's daughter wasn't pleased.
She know who Frank Masucci is?
She doesn't care.
I don't know if I do either.
We all know you're infallible
when it comes to matters of faith and morals, Ben.
But for some of us, it's not so easy.
Isaac Skolnik is in a hospital bed.
Harv Beigel put him there.
That's real.
I can see that.
Adam?
I don't photograph well with egg on my face.
How about you?
Since when does losing a case bother you?
When it affects public perception
of this office.
Yes, it's a shame that Beigel walks.
Yes,
it bothers me terribly,
and, yes, I'd do it again tomorrow
and the next day, and the day after that
to put a Frank Masucci away, because as long as he's free,
there will be more Mackeys and more Skolniks.
The State calls Joseph Pilefsky.
BAILIFF: Raise your right hand.
Do you swear to tell the truth,
the whole truth and nothing but the truth, so help you God?
PILEFSKY: I do.
Would you state your full name for the record, please.
Joe Pilefsky.
Are you employed, Mr. Pilefsky?
I work at Vincent's restaurant on 46th.
Been there three years.
Are you familiar
with the name Vinny Ruffo?
Sure.
Is he employed?
Vinny works for Frank.
Masucci?
That's right.
When was the last time you met with Mr. Ruffo?
Last spring.
Could it have been May 16th?
That sounds about right.
Tell us what happened at that meeting.
I was at the restaurant.
Vinny called.
Asked if he could come in after I closed.
He said he had an important meeting.
And did you oblige him?
Sure. Vinny and I go way back.
Then what happened?
Well, um, around 2:00,
this guy Mackey comes in,
and he says he's there to meet Vinny
so I give him a table.
Was anyone else there?
Just me... and then Vinny showed up.
And then what happened?
Garrotting.
I had nothing to do with it.
Would you explain for the jury
the meaning of the word "garrotting"?
It's a wire around the neck.
It's over... like that.
( murmuring )
Thank you.
You said you've been at the restaurant
for three years, isn't that correct, Mr. Pilefsky?
PILEFSKY: Yeah, give or take.
Let's not.
Let's try to be precise.
How many nights a week do you work?
Six. Sundays off.
Vacations?
I don't like to travel.
So you worked six nights a week for three years?
That's right.
How's your health, Mr. Pilefsky?
Relevance, Your Honor.
Goes to the credibility of this witness's testimony.
I'll allow it.
I'm fine.
Ever been to a hospital?
Yeah.
As a matter of fact, you had an appendicitis
earlier this year.
So?
So? So, I have your hospital records here, Mr. Pilefsky.
It appears that you had complications
following your appendectomy.
It appears that you were confined to a bed
at Manhattan Memorial Hospital for the entire month of May.
Isn't that correct?
Why are you perjuring yourself,
Mr. Pilefsky?
What has Mr. Stone promised you?
Objection, Your Honor.
I demand an immediate mistrial.
A continuance, Your Honor.
Approach.
I want a mistrial and sanctions
against Mr. Stone.
Sanctions?!
Yes. Prosecutorial misconduct.
Knowingly offering perjured testimony.
Get off it, Mr. Zuckert.
I did not know Mr. Pilefsky was lying.
That's what you get when you bargain for testimony.
Now I submit that this entire thing was a set up,
and with a continuance, Your Honor...
Do you have any proof, Mr. Stone?
Of course he doesn't.
This is not the first time that an overzealous DA...
Does the State plan to offer any further
corroborating evidence?
With a continuance, Your Honor.
Oh, at the expense of my client's reputation.
Mr. Stone should have a case before he comes to trial.
I'm sorry, Mr. Stone
but you know the law.
LOGAN: Dismissed?
You mean Masucci walks for good?
For Mackey's murder, yes.
Double jeopardy.
What about Beigel?
We can still get him for conspiracy
and assault on Skolnik.
We made a deal.
He kept his end of the plea bargain.
You got greedy.
They knew it, and they set you up.
So Pilefsky's perjury
was all part of Frank Masucci's plan to free Beigel?
And unfortunately, we can't prove that.
And if we rescind the deal,
we lose all credibility in the future.
They don't play by rules, why should we?
Because that's our job.
Great. Beigel walks, Masucci walks,
we got squat. Oh, no.
Masucci's not walking.