In the criminal justice system
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.
This isn't a criticism, Mike.
Oh? I guess I'm hypersensitive.
It probably won't hurt us.
My point its, Ben was trying
to get a straight laundry list.
That's what I gave.
I pinch-hit for Max in a grand jury
I present the case the way we reviewed it.
Now you're...
Come on, man. Chill.
Tomorrow, when we ask you to name names
don't go on about kickbacks
and stolen copper pipes and mangos.
Mungo, not mangos. Mungo.
I think everybody knows
that's extra building material that just disappears.
And it ends up
in somebody else's building.
We didn't pick the grand jurors.
Your crash course in corruption went over their heads.
Well, so what?
So, they get too confused, they may throw up their hands.
Relax.
You're going to get your indictments.
Max is back tomorrow.
He's gonna give you what you want:
Howard Neffer, Jimmy "The Mope" Donofrio
Morgan Stern.
I'll call him later.
We'll go over the case notes
and then....
I'm going out frooging with Patsy Kelley.
He's still rummaging around in the trunk.
You know Max-- always losing his paperwork.
Can you tell him to light a fire under it?
Dinner getting cold?
No, my date's getting cold.
I'm still at the office.
It's like being married to a ghost.
Now he's out there gabbing with somebody.
Who's he gabbing to?
I don't know.
It's dark.
Matthew, go tell your father to hurry up.
Okay, mom.
What is this?
Marie?
Mary, mother of God!
( gunshots )
Marie? Marie?!
Marie!
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( playing "Going Home" )
MAN: One!
And left.
Right.
Left.
Right.
Left.
Right.
Halt.
In.
Left and right face.
One step to the rear.
Present arms.
MAN: Two!
I'll testify as soon as you need me.
I can take over Max's testimony as well.
The grand jury will be suspended.
You'll include Max's murder as part of the offering, right?
If we find anything substantive
but so far nothing.
LOGAN: The night before his grand jury testimony?
Somebody didn't like the sound of it.
I'd like the list
of pending indictments.
STONE: We should find out
who knew of those indictments in our office.
What about a grand juror leak?
Let's check their ties to the construction industry.
If word on the grand jury
or a list of indictments got out
why hit Max-- the lead on the task force?
They already hit the leading investigator
from the building department.
That was an open investigation, right?
What were they going to accomplish by that?
These people are not long-term planners.
Two in the back, one in the face.
That's not a pro...
not a thinker.
The purpose of this little get-together
is not to bust your chops, as you put it.
It's to help you accept your partner's...
I accept it.
Boom-- he's dead.
That's the end of story.
Also, to help the officer in trouble
reach a sense of closure.
First, I'm not in trouble.
Okay?
Matter of fact, I'm alive and on the case.
Secondly, I'm Irish-Catholic.
I got a sense of closure at Max's wake.
Well then, there's no problem.
That's right.
Can I go now?
Listen, thanks a lot
but, really, I'm fine.
Hey, Detective...
ever hear of the seven stages of grief?
No.
The first one's denial.
I'm fine.
Mike?
You know Phil Cerreta from the three-nine?
I know him by name.
He's handling Max's case.
I saw him at the crime scene.
He's thinking about coming over.
Maybe as second whip.
So?
So he asked about you.
How would you feel?
Fine.
I mean, whatever.
I don't care.
Same rank as Max.
Pick of cases and...
That means he's bringing Max's shooting with him?
I would assume so.
Then I'm on this case.
Mike...
I got to be concerned about your objectivity.
Then put Cerreta on point.
Mike...
Who else is going to interview these people?
It doesn't matter.
You're still due time on a desk.
( sighs )
So...
What?
How you doing with this?
I'm fine.
ROBINETTE: that makes sense.name
Magadan, Dan Sr.-- retired construction?
It's a good possibility.
It gets better.
Check his pension ties.
Pull everything you can on him.
Your pension fund is vested with Local 139.
It's hard to believe you didn't know any of the names
offered for indictment in that room.
I had heard of a few, maybe
but they were just names.
I don't know them.
You know any people who do?
Not that I know of.
Two of them are on the governing board
of that local.
I haven't been active for years.
My pension's there. That's all.
Still, if you had mentioned anything
even out of a sense of loyalty...
I didn't say anything.
Mr. Magadan
we're not talking about loyalties
and pension funds.
We're talking about
the killing of a man
who had 23 years on the job
and we're talking about his wife and his children
who will spend months, maybe years
trying to come to terms with the fact
that he is gone.
Look, we're not assessing blame.
We just need some help.
We've got to know whether you said anything.
I didn't. I swear.
Nothing was said.
Captain tells me we're partnering.
Yeah.
I'm sorry about Max.
Yeah.
Listen, uh...
Phil.
I know you're the new whip and everything...
Look, Mike, you know all the players
in this copper business.
I need you on point.
Okay.
Okay. Okay.
You, Stern, Neffer, you were all indicted,
and you don't know anything about the special investigator
that got tossed down on 48th street?
Yeah, well, sure.
Everybody's heard about it, but I don't know nothing.
I want you to think about it, because I got a hundred bucks
that says the guys that threw him off the roof
are the same ones that killed my partner.
I swear, Detective, I'm just a salesman.
Well, he seems okay to me.
Yeah.
Maybe a few degrees too cool.
Another hothead.
Another mick-- your lot in life.
Yeah, well
Max was not exactly Mr. Mellow.
I can imagine these two guys together.
They did fine.
You and Mike get a list of the indictees?
Yeah. Tomorrow.
Mike and I are going out tomorrow on a couple.
I restore old buildings.
I consider myself a conservator
of the city's architectural heritage.
( bangs pipe )
Is this part of your conservatorship?
It's pipe. What do you want?
All kosher, Howie?
We hear it's stolen.
Show me a search warrant.
You think we're loading damn pipe in our trunk?
We don't need a search warrant.
We'll get you an arrest warrant.
Tell me what you want.
the secret grand jury Somebody on
his mouth shut. couldn't keep
We believe that information
led to the murder of Detective Logan's partner.
Why me? I don't know anything about that.
You supplied a lot of pipe to the 48th Street project--
the one they tossed Inspector Janklow off.
I had nothing to do with that, man.
Who did?
Ask Morgan Stern.
He told me to...
He told you what?
To keep my mouth shut about the leak.
STERN: Look, I want immunity on anything
that may come of this.
And I want to know
where you got the grand jury information.
You stated to Detectives Cerreta and Logan
that you warned Howard Neffer
to keep his mouth shut about the leak.
I want to know who that leak is.
All right.
How about immunity on the copper theft?
Five more seconds of this, and you'll need immunity
on more than that.
My project manager.
His name!
Magadan.
ROBINETTE: Magadan?
The old man?
No. His son.
Daniel Magadan, Jr.
The grand jury foreman told his son.
I'll be a son of a bitch.
We're not interested in why you lied.
We need to know why you told your son
about the grand jury.
He said he had a friend who wanted to know
what the grand jury was getting.
I said if his friend was mixed up
in something like that
it was none of his business.
That's all?
I told him this Detective Greevey
was going to name names
and I hoped to God "Magadan" wasn't one of them.
Where is your son now, Mr. Magadan?
I don't know.
That I swear. I don't.
Look, I ain't got...
Just... two minutes.
These Danny's friends?
The ones he's covering for?
If he's protecting someone, it's wrong.
You know it's wrong.
My partner died because you opened your mouth
on the grand jury.
I'm not going away.
Somebody's got to do something right.
Danny came to me about the grand jury.
Pumped me for info.
He said it was for a friend, but...
maybe there was no friend.
What do you mean?
I don't know.
I...
If you're saying your son killed my partner
every cop in this city will be gunning for him.
His best bet is with me.
Any other cop, the odds go down to 50/50.
Your word you won't hurt him?
I promise.
Hey, Danny.
Freeze!
On your head.
On your head!
The name Max Greevey ring a bell?
I don't know what you're talking about.
Did you kill my partner to shut him up?
No.
No?
No.
Get on your knees.
What?
I said get on your knees.
This is how you did my partner, isn't it?
I swear, I didn't kill nobody.
I don't believe you.
I'm just going to ask you one more time, Danny boy.
Oh, God...
( crying )
Please, pl...
I did it, okay?
I did it.
You do understand
you have the right to an attorney?
You maintain you've passed on that right.
Yeah, I understand.
I've been through all this already with that psychotic.
We'll just go over it again for the record.
You don't mind, do you, Mr. Magadan?
No.
Will you tell me something?
How did you find out
where Sergeant Greevey lived?
Some chick my cousin knows who works at the D.M.V.
It's not that tough.
So I went out there, and I parked across the street.
Then you got out of your car...
and you shot him.
Isn't that correct?
Mmm... not quite like that.
I mean, I had to wait a few hours
and when he came out, I pulled into his driveway.
Intending to shoot him?
Not necessarily.
I thought maybe I could scare him off or something
you know?
Threaten his old lady if I could get her alone.
What happened to make you change your mind?
I don't know.
When he came out, he was just... there.
I kind of lost it.
You said the gun was not yours.
No. It belongs to the construction company.
I've got an extra key to the trailer.
That's where the gun is now?
Yeah.
Bull's-eye.
Where exactly is it kept?
You want me to hand it over on a silver platter?
Good job.
Make sure I get a copy of that confession, Mikey.
We need to be specific when we're in front of the judge.
You know the drill, Danny.
It's in the toolbox, right there with the tools
and the rest of the stuff.
Mike, looks like you got this guy dead to rights.
I guess so.
You want to check it before I hand it in?
Just make sure all the T's are crossed
and the I's are dotted.
I'm sure it's fine.
It's all kosher?
You want me to freaking proofread it or what, Phil?
It's just that in case you had to drag it out of him
we ought to know that before his lawyer comes on board.
He's saying I dragged it out of him?
He said something like that.
You see any marks on the guy?
It isn't that.
It's that he said you threatened to kill him.
He said that, huh?
A cop killer.
You think I would have killed him, Phil?
I don't know, Mike.
I don't know what's in your mind.
I don't know you well enough.
That's right.
You don't.
"...maybe threaten his old lady."
Too bad he didn't take that route.
Marie would have kicked his ass.
That's for sure.
Everything all right with you two?
Oh, yeah, he's a good kid.
The collar is top of the line.
Whoa, whoa, Phil.
Let's stop with the cliches already.
What's going on?
Suppose Logan went a little over the line on this one.
How far over?
Not much-- maybe five yards.
I wasn't even going to mention this
but apparently, or maybe
he was going to blow this guy's brains out.
What the hell does that mean?
Magadan says that Logan was waving his gun at him.
Mike's got to be thinking this guy is armed.
This is the guy who killed his partner.
Yeah, and he would have his gun out.
It was dark...
And you got to be careful.
I mean, what are you going to do?
Mike?
Anything you want to tell me?
Yeah.
I got us Max's killer.
Okay, let's get a warrant.
Get that freaking gun in here before something happens to it.
CERRETA: to search these premises.ant
All right.
The officer's use of his gun to get a confession...
These allegations of threats are not relevant to bail.
Hold it-- if you believe your client's statement
was coerced, make a motion to suppress it.
People's case appears to be tight.
Confession was made
inside the precinct.
The weapon was recovered.
Corroborative evidence.
Bail's out of the question.
Legal aid only represents Mr. Magadan
for this arraignment.
I'm sure his regular attorney will challenge a confession
obtained at the point of a gun.
To which the people will respond.
Pursuant to criminal procedure law section 510.40
the defendant is remanded to the custody of the state.
Paul...
If this is the rubber hose routine...
Yeah, well, this was no rubber hose.
This was a .38 police special.
And you're buying?
Hey, I got nothing invested here.
Once his high-priced mouthpiece rolls in
my office is gone.
I'm telling you, it feels on the level
and if it is
it's a big pile you've stepped in.
From out of nowhere, this detective rousts me.
I'm trying to be cool
but I figure the guy's on speed or something.
Why do you think that?
Because before I'm halfway into my act
he puts his piece here.
He asked me, did I kill the fat cop.
I don't say anything.
I hear the hammer go back.
Click... click.
No bruises or cuts.
No way to verify it.
You just spilled your guts.
You know how to read a rap sheet, don't you?
Five arrests, three convictions.
So you're a loser. So?
So, no guilty pleas.
Two years ago
I got popped in Jersey.
A missing semi-trailer full of microwaves.
A sergeant questions me with a cigar.
I didn't talk then either.
But this, uh...
and that sound...
click.
The guy was brought in.
Sergeant Cerreta mirandized him.
He duly confessed.
That doesn't undo the damage.
What damage?
You were there.
You see anything screwy?
Not in the interrogation room.
We're talking about the alley, right?
What's the difference?
I get the feeling
we're not getting
the whole truth.
Well, Mike?
Well, what?
I asked the guy about Max.
He blurted it out.
And did you help him?
Did you?
What I am asking, detective
is did you threaten Mr. Magadan
in order to obtain information?
I pressured him, okay?
Mike...
I should sit on my ass
while my partner's killer
walks around free?
That is exactly what will happen
because if the first confession is coerced
then so is the second and the third
no matter how many times you mirandize.
Coercion is a judgment call.
My guy never laid a glove on the son of a bitch.
That doesn't matter.
If he coerced the first confession
it is still fruit of the poisonous tree.
What's this-- some stupid technicality?
Explain the concept to your man
so they don't let another cop killer walk.
I doubt if Max Greevey
would have considered it a technicality.
So Stone's holding you responsible
for Magadan possibly getting off.
Do you think that's fair?
No, I don't
but I don't give a damn what he thinks.
That's not what I asked you.
It's not?
What I'm asking is
do you feel it's a fair assessment?
Do I feel responsible for Max getting blown away?
Maybe if I'd gone home with him, you know...
maybe he wouldn't have gotten zipped.
Maybe I just should have
stepped in front of that bullet myself, right?
No, I don't feel responsible.
I feel incredibly...
angry.
That one of your seven stages?
Great.
This is a statement which Detective Logan
gave voluntarily to the investigators
of the internal affairs division.
Please read it over and advise your client.
Where are we going to assign him
till this is resolved?
Temp desk.
Plus, he's got vacation time coming.
You don't expect the lad to sign this now?
He and I have some conferring to do.
Am I the stiff at my own funeral?
"He looks so lifelike..."
Come on, cool it, Mike.
Everybody's acting like I'm the one that's dead.
"Menacing."
You're charging me with a class "B" misdemeanor.
We are not charging you with anything yet
but I suggest you talk to your captain
about the odds of losing your pension and your badge
and the possibility of a lawsuit against you
for violating Mr. Magadan's civil rights.
His civil rights?
What about Max's civil rights?
This is not a case
of ends justifying the means.
Of course it is, and you know it.
You do the exact same thing every day.
You threaten to send them away
or whisper their dirty little secrets.
You threaten to screw up their lives
just to get a little information from them.
I didn't do it at gunpoint, Detective.
There's a big difference.
Mike, as your P.B.A. attorney, I must advise you
not to sign anything...
Why not?
It's the truth.
Just lucky that this isn't L.A.
Everybody walks around with a video camera.
What's the point?
He never physically injured the guy.
The best we can do is menacing.
For blowing our case!
I'd bust him for reckless endangerment
if I could.
His partner was killed, Adam.
No jury would convict.
Any chance of arguing
the confession wasn't coerced?
With a gun to his head?
The man is a suspect in a cop killing.
If Logan saw a gun, then...
There was no gun.
Every piece of evidence, every statement
is tainted by Logan's reckless action.
It's all useless.
A guy kills a cop.
We catch him, and we can't close.
Hell of a system.
Talk to Logan.
Maybe magadan said something
before he pulled his little stunt with the .38.
I took him by surprise.
It hasn't changed since yesterday.
Hey, we're on the same side.
What about the initial investigation?
Can we get him on anything else?
Magadan's name never came up.
Look, we got the owner of the company on the ropes.
Anything we can use there?
Morgan Stern was a heavy in the copper scam
but we weren't able to get to him.
We were waiting for Judge Merlis to sign search warrant apps
for half a dozen construction sites.
Are they still unsigned?
Due out the day after Max went down.
You may be a hero after all.
Yeah.
Right.
No, we're arguing inevitability.
The unsigned search warrants are very apropos
to the grand jury investigation.
And had they been signed
Cerreta and Logan
could have used the task force warrants
to confiscate the gun?
Making search warrants
from the coerced confession unnecessary.
We would have found the gun.
Oh, that's going to take a lot of fast talking.
We get the calendar against us
we draw the wrong judge
we're in too deep to tread water.
Then it's sink or swim.
We got a choice?
No.
The gun is the fruit of the coerced confession.
It must be excluded.
Tainted evidence is admissable
if it would inevitably have been found
by other police techniques.
The fourth amendment is obsolete?
It is the exception to the exclusionary rule.
The task force applied for a search warrant
during the grand jury investigation
and before Detective Greevey was murdered.
It was never signed.
It would have been.
It's very specific.
It covers cash, documents and weapons.
We would have found that gun.
Your Honor, he's bootstrapping.
His evidence was poisoned by the coerced confession.
He's begging for another way.
Supreme court stance on the scope of warrants
is much looser than it's ever been
given the recent Fulminante decision.
I'm going to have to allow the gun into evidence.
Your Honor..!
But...
any reference, whatsoever, to Mr. Magadan's confession
and I declare a mistrial
before Mr. Lambrusco here even thinks about objecting.
Understood?
We found out the gun was in a trailer
at a construction site on West 51st Street.
Did you obtain a warrant for the site?
Yes, we did.
When we arrived
we discovered the gun at the specified trailer.
STONE: To whom was the gun registered?
Morgan Stern, the defendant's employer.
The permit limits use of the gun to the construction site only.
For purposes of security, I presume?
I would guess.
Thank you. No more questions.
Let's stay with this famous gun, detective.
Now you testified
that you didn't find it on Mr. Magadan
when you arrested him.
That's correct.
Did you recover any weapons
from Mr. Magadan's person?
No. He was unarmed.
When you first confronted Mr. Magadan in that alley
did you consider him to be a witness or a suspect?
He wasn't immediately arrested.
And yet you placed him under arrest
just a few moments later, did you not?
Yes, I did.
( sighs )
I was at the site checking some invoices.
Danny showed up.
He was surprised to see me.
Did he have the gun when he arrived?
It was dark.
He seemed to be hiding something.
Could you describe what that was?
It was pretty obvious it was a gun.
Did Mr. Magadan say anything?
He was all sweaty, kind of whacked out.
I asked what was up.
He was terrified that the grand jury
would look into Inspector Janklow's death.
Objection! Hearsay.
Statement against penal interest, Your Honor.
Overruled.
What else did he say?
He took care of our problem with the grand jury.
Objection.
Your Honor, hearsay.
Overruled-- same reason as before.
Your witness.
You never saw Mr. Magadan with a weapon that evening.
No. I said I thought it was obvious.
Isn't it true that you were among the targets
of that secret grand jury?
I have no idea.
Didn't you make a deal
for immunity against those indictments
if you testified against Mr. Magadan?
Yeah. Yes.
So before this arrangement with the district attorney
you had just as much motive as Mr. Magadan
to keep Detective Greevey from testifying.
I'm not crazy enough to kill a cop.
It was your gun.
You had access.
You certainly had opportunity.
By your own testimony
Mr. Magadan said that he had taken care
of your problem with the grand jury, correct?
I didn't kill that guy.
Everybody knows that Danny copped to it
when the cop's partner
put a gun in his ear.
I move for an immediate mistrial.
Your Honor, may we recess?
Court is in recess.
What's going on here?
His question elicited the confession reference.
And your damn witness.
Are you suggesting he was coached to let it slip?
What's the difference?
Drop the histrionics.
Just give me the law
and make it brief, gentlemen.
( sighs )
What the Supreme Court said recently
in theFulminantecase is to the point.
Yes, the confession is coerced.
Yes, the jury heard about it.
No, we needn't throw the case out.
We fall back to the dark ages
because of theFulminantedecision?
You suggest we find some guy
with body parts in his freezer
and let him walk because some cop
got too rough with him?
That is hardly pertinent, Ben.
The Supreme Court's decision is based on the belief
that the jury can be instructed to disregard certain remarks.
You warned him, judge.
"One mention of the confession, and I'll throw the case out."
That was to both of us.
I know what I said, gentlemen
and I'm familiar with the law.
That's enough for today.
I'll have a decision tomorrow morning.
JUDGE: counselor.my ruling,
You're guaranteeing a conviction.
Why bother..?
Why bother
following the guidelines
of the supreme court of the United States?
Those guidelines violate
my client's right against self-incrimination.
Last year's automatic mistrial
is this year's harmless error.
The Supreme Court has spoken, Mr. Lambrusco.
Now it's the law of the land.
Bottom line, counselor.
In addition to whatever else the prosecution can prove
your client is guilty of bad timing.
Defense motion for a mistrial is denied.
Thank you, Your Honor.
Give me ten minutes, please, then bring in the jury.
STONE: The world in which Daniel Magadan, Jr. lives
has a very simple set of rules.
You buy three truckloads of cement, you pay for two.
An honest building inspector
discovers your pattern of extortion and illegal payoffs
you toss him 60 stories onto 48th Street.
A police officer testifies against you
you put three bullets in him.
The law has a set of rules too.
Not simple, but ultimately unequivocal.
You kill a cop, you go to jail.
You don't get out.
BAILIFF: All rise.
Court of judge manuel leon is now in session.
Be seated.
Technically, Mr. Magadan
you've been found guilty of murder in the first degree
which is reserved
for the killing of a police officer
in the line of duty.
The death penalty having been held unconstitutional
by our court of appeals in Albany
renders me powerless to sentence you
to the punishment you so richly deserve.
The court, therefore, sentences you
to a term of 25 years to life imprisonment.
The people have recommended the severest limitation
for any possibility of parole
and I see no reason to disagree.
Maybe life wasn't enough of a sentence.
That's what the law allows.
I can live with it.
I know I went over the line.
I was down on myself for a while.
Even though I, you know, try to rationalize it.
I have to find a way to forgive myself.
Acceptance, Logan.
That's the...
Yeah.
That's the last stage, right?
Max's death...
I accept it
but I'll never accept it.
You know?
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