1
00:00:01,369 --> 00:00:03,436
the people are represented
2
00:00:03,437 --> 00:00:05,504
by two separate
yet equally important groups:
3
00:00:05,506 --> 00:00:07,539
the police,
who investigate crime
4
00:00:07,541 --> 00:00:10,309
and the district attorneys
who prosecute the offenders.
5
00:00:10,311 --> 00:00:12,378
These are their stories.
6
00:00:15,016 --> 00:00:16,415
Can't you hold it?
7
00:00:16,417 --> 00:00:18,150
No, I can't.
8
00:00:18,152 --> 00:00:19,585
Why the hell not?
9
00:00:19,587 --> 00:00:22,121
See, you're
just like my wife.
10
00:00:22,123 --> 00:00:24,356
When we go to Jones Beach
with the kids,
11
00:00:24,358 --> 00:00:26,625
she stops six times
along the way.
12
00:00:26,627 --> 00:00:28,360
So I tell her,
"Put a cork in it."
13
00:00:28,362 --> 00:00:32,364
She says,
"No, no, pull over.
I have to go."
14
00:00:32,366 --> 00:00:33,799
Maybe if you had
put a cork in it,
15
00:00:33,801 --> 00:00:35,801
she wouldn't have
had six kids
16
00:00:35,803 --> 00:00:37,369
and ruined
her plumbing.
17
00:00:37,371 --> 00:00:38,637
MAN:
What's are you talking about?
18
00:00:38,639 --> 00:00:40,072
WOMAN:
What do you mean,
what am I talking about?
19
00:00:40,073 --> 00:00:41,506
MAN:
What's going on?
Why are you doing this?
20
00:00:41,509 --> 00:00:43,809
WOMAN:
Well, what did you think
that I would do?
21
00:00:43,811 --> 00:00:45,377
( man and woman
continue arguing )
22
00:00:45,379 --> 00:00:47,646
Would you
do me a favor--
23
00:00:47,648 --> 00:00:49,615
get me a cruller?
24
00:00:49,617 --> 00:00:54,286
WOMAN:
Why don't you just try
to figure it out?
25
00:00:54,288 --> 00:00:56,388
I have no idea
why you're so upset,
and that's why...
26
00:00:56,390 --> 00:00:58,524
Come out of there
this minute. Come out!
27
00:00:58,526 --> 00:01:00,559
Hey, sister,
28
00:01:00,561 --> 00:01:02,361
got some spare change?
29
00:01:05,833 --> 00:01:09,435
Can I get a cruller
and a coffee regular?
30
00:01:09,437 --> 00:01:10,569
I want you to marry me.
31
00:01:10,571 --> 00:01:11,670
Why would I...?
32
00:01:17,144 --> 00:01:20,479
That will be
a buck and a quarter.
33
00:01:26,153 --> 00:01:28,687
You can't ask me
to marry you
34
00:01:28,689 --> 00:01:31,390
when five minutes before
you're flirting...
35
00:01:31,392 --> 00:01:34,226
Your change.
36
00:01:37,164 --> 00:01:40,399
HOOKER:
Keep your hands
inside the police car.
37
00:01:40,401 --> 00:01:42,668
OFFICER:
I never moved my hands.
38
00:01:42,670 --> 00:01:45,404
HOOKER:
Keep your hands
on the wheel.
39
00:01:45,406 --> 00:01:48,674
WOMAN:
This was supposed to be
my night.
40
00:01:48,676 --> 00:01:53,145
I don't think we can
start all over again, Nathan.
41
00:01:53,147 --> 00:01:54,413
Let's do it.
Let's just do it.
42
00:01:54,415 --> 00:01:55,681
We'll do it tonight.
43
00:01:55,683 --> 00:01:56,682
Oh, God,
stop bugging me.
44
00:01:56,684 --> 00:01:57,683
"Bugging you"?
45
00:01:57,685 --> 00:01:59,651
Is that what you call this?
46
00:01:59,653 --> 00:02:01,353
Mimi!
47
00:02:03,624 --> 00:02:06,658
HOMELESS MAN:
Hey!
48
00:02:06,660 --> 00:02:08,360
No, no bag.
49
00:02:15,669 --> 00:02:17,236
Nathan?
50
00:02:17,238 --> 00:02:19,204
Aw, damn it.
51
00:02:19,206 --> 00:02:20,739
Nathan!
52
00:02:25,479 --> 00:02:28,614
( screaming )
53
00:02:28,616 --> 00:02:29,648
Help me!
54
00:02:29,650 --> 00:02:30,649
Help!
55
00:02:30,651 --> 00:02:32,651
Help! Help! Help!
56
00:02:32,653 --> 00:02:37,356
RADIO DISPATCHER:
Assistance requested
at 74th and Columbus.
57
00:02:37,358 --> 00:02:39,925
10-4, Central.
58
00:02:39,927 --> 00:02:42,394
( turns on siren )
59
00:02:42,396 --> 00:02:44,496
MIMI:
Help!
60
00:02:44,498 --> 00:02:45,631
Help me here!
61
00:02:45,633 --> 00:02:46,932
Help!
62
00:02:46,934 --> 00:02:49,701
Help me! Help!
63
00:02:49,703 --> 00:02:50,936
Police!
64
00:02:50,938 --> 00:02:52,404
Out of the way!
65
00:02:52,406 --> 00:02:53,639
Move it! Move it!
66
00:02:53,641 --> 00:02:55,607
MIMI:
Honey, you're
going to be all right.
67
00:02:55,609 --> 00:02:57,776
It's okay, honey.
You're going to be all right.
68
00:02:57,778 --> 00:02:59,711
Just you
hang in there.
69
00:03:05,619 --> 00:03:10,656
Captioning sponsore by
NBC/UNIVERSAL
70
00:04:08,616 --> 00:04:10,682
( siren wails )
71
00:04:23,397 --> 00:04:24,663
And night before last,
72
00:04:24,665 --> 00:04:27,499
there was a naked man
with a crossbow
73
00:04:27,501 --> 00:04:30,269
running up and down
west 74th Street.
74
00:04:30,271 --> 00:04:32,504
Where did he
keep the arrows?
75
00:04:32,506 --> 00:04:34,473
How come every freak
in the country
76
00:04:34,475 --> 00:04:36,525
lives in New York?
77
00:04:36,526 --> 00:04:38,576
Why don't some of you people
move to Nebraska?
78
00:04:38,579 --> 00:04:40,512
I'm from Nebraska, sweetie.
79
00:04:40,514 --> 00:04:42,347
How do you think I got this way?
80
00:04:42,349 --> 00:04:44,783
All right, did anybody see
the actual stabbing?
81
00:04:44,785 --> 00:04:46,451
The one we're talking about?
82
00:04:47,588 --> 00:04:50,522
Let's get some names.
83
00:04:50,524 --> 00:04:53,292
Elsie Hatch.
84
00:04:53,294 --> 00:04:56,561
186 West 74.
85
00:04:57,665 --> 00:04:59,364
Sal Violet.
86
00:04:59,366 --> 00:05:01,600
V-i-o-l-e-t.
87
00:05:01,602 --> 00:05:04,469
The Hampstead, Room 1220.
88
00:05:07,675 --> 00:05:09,875
Murdoch.
89
00:05:09,877 --> 00:05:11,443
Address?
90
00:05:11,445 --> 00:05:13,495
The Sherry
Netherland--
91
00:05:13,496 --> 00:05:15,546
a little pied-a-terre for those
gala Dumpster parties.
92
00:05:15,549 --> 00:05:16,481
Riverside Park
in 80s.
93
00:05:16,483 --> 00:05:18,417
I got to go.
94
00:05:18,419 --> 00:05:19,551
Hey, hey, hey, hey.
95
00:05:19,553 --> 00:05:21,420
I didn't see anything.
96
00:05:21,422 --> 00:05:22,587
CERRETA:
Of course not.
97
00:05:22,589 --> 00:05:24,389
Was she in the box?
98
00:05:24,391 --> 00:05:25,891
I didn't see anybody
in the box.
99
00:05:25,893 --> 00:05:28,960
Okay, but you all did see
Mr. Robbins fall to the ground?
100
00:05:30,464 --> 00:05:33,498
You were all standing there.
101
00:05:33,500 --> 00:05:36,668
There... was a guy.
102
00:05:36,670 --> 00:05:38,403
LOGAN:
Fine.
103
00:05:38,405 --> 00:05:39,771
Describe him.
104
00:05:39,773 --> 00:05:41,640
5'10".
105
00:05:41,642 --> 00:05:43,642
Uh-uh.
6'2" at least.
106
00:05:43,644 --> 00:05:44,643
Ma'am?
107
00:05:44,645 --> 00:05:46,645
A man went running away.
108
00:05:46,647 --> 00:05:48,847
He was well over six feet.
109
00:05:48,849 --> 00:05:50,549
What was he wearing?
110
00:05:50,551 --> 00:05:51,883
HATCH:
a red parka.
111
00:05:51,885 --> 00:05:54,386
A greasy red parka.
112
00:05:54,388 --> 00:05:55,654
A parka?
113
00:05:55,655 --> 00:05:56,921
I'm sitting here,
I'm sweating like a pig,
114
00:05:56,924 --> 00:05:59,424
and you're telling me
this guy was in a ski parka?
115
00:05:59,426 --> 00:06:00,425
No, no, no,
no, no.
116
00:06:00,427 --> 00:06:01,927
He was wearing overalls.
117
00:06:01,929 --> 00:06:04,796
I've seen this slob before,
sleeping in cardboard boxes.
118
00:06:04,798 --> 00:06:06,598
Miss Murdoch?
119
00:06:06,600 --> 00:06:08,734
It happened too fast.
120
00:06:08,736 --> 00:06:10,502
Did you get a look at the man
in the box?
121
00:06:10,504 --> 00:06:12,554
I need new glasses.
122
00:06:12,555 --> 00:06:14,605
They told me at Social Services
I could get some, but...
123
00:06:14,608 --> 00:06:17,008
I saw a red parka
124
00:06:17,010 --> 00:06:19,644
with a torn pocket.
125
00:06:19,646 --> 00:06:20,779
Okay.
126
00:06:20,781 --> 00:06:22,447
The red parka, huh--
127
00:06:22,449 --> 00:06:24,649
was he in the box?
128
00:06:24,651 --> 00:06:25,884
No.
129
00:06:25,886 --> 00:06:27,552
Running away.
130
00:06:27,554 --> 00:06:29,171
Oh, man.
131
00:06:29,172 --> 00:06:30,789
I just talked to the people
in E.R.
132
00:06:30,791 --> 00:06:32,557
The kid was D.O.A.
133
00:06:36,497 --> 00:06:38,764
Isn't it funny
how three bystanders
134
00:06:38,766 --> 00:06:42,401
failed to notice a stabbing
right under their noses?
135
00:06:42,403 --> 00:06:44,836
Where was the girlfriend
during all this?
136
00:06:44,838 --> 00:06:46,838
She was inside
the coffee shop.
137
00:06:46,840 --> 00:06:48,473
Or just coming out.
Whatever.
138
00:06:48,475 --> 00:06:50,509
Everything everyone saw
is contradictory.
139
00:06:50,511 --> 00:06:52,577
Okay, it was
a lovers' quarrel.
140
00:06:52,579 --> 00:06:54,880
But she shivs him
three witnesses?
141
00:06:54,882 --> 00:06:56,581
Well, they were great
witnesses.
142
00:06:56,583 --> 00:06:57,916
Crime of passion
could explain
143
00:06:57,918 --> 00:06:59,985
why he still had
the wallet on him.
144
00:06:59,987 --> 00:07:01,453
Or a botched robbery.
145
00:07:01,455 --> 00:07:02,721
Yeah, all right,
forget the girlfriend.
146
00:07:02,723 --> 00:07:03,989
Let's say it was a mugger.
147
00:07:03,991 --> 00:07:05,724
He got scared off before
he could get to the money.
148
00:07:05,726 --> 00:07:06,725
Or maybe he just got mad
149
00:07:06,727 --> 00:07:08,493
because somebody
kicked his box.
150
00:07:08,495 --> 00:07:09,461
Well, wouldn't you?
151
00:07:09,463 --> 00:07:10,729
Don't you kick my box.
152
00:07:10,731 --> 00:07:14,599
Let's got find out if
that girl's recovered.
153
00:07:18,539 --> 00:07:19,538
All right, Mimi.
154
00:07:19,540 --> 00:07:21,540
You were
in the coffee shop.
155
00:07:21,542 --> 00:07:22,808
Then you came out.
156
00:07:22,810 --> 00:07:24,776
What's the first
thing you saw?
157
00:07:24,778 --> 00:07:25,777
I don't know.
158
00:07:25,779 --> 00:07:26,812
I don't remember.
159
00:07:26,814 --> 00:07:28,713
Did you see the guy
in the box?
160
00:07:28,715 --> 00:07:30,015
No.
161
00:07:30,017 --> 00:07:34,486
Did you see a man
in a red jacket?
162
00:07:34,488 --> 00:07:37,055
All I saw
were Nathan's feet--
163
00:07:37,057 --> 00:07:41,493
his legs sticking out
from under that box.
164
00:07:42,529 --> 00:07:45,797
What were you and Nathan
arguing about?
165
00:07:45,799 --> 00:07:47,532
We weren't arguing.
166
00:07:47,534 --> 00:07:52,704
We... we never fought,
hardly ever.
167
00:07:52,706 --> 00:07:56,708
We were just having
a discussion, okay?
168
00:07:56,710 --> 00:07:57,943
Okay.
169
00:07:57,945 --> 00:07:59,845
What were you discussing?
170
00:08:01,582 --> 00:08:03,782
It was private.
171
00:08:03,784 --> 00:08:06,051
Miss Sternhagen,
172
00:08:06,053 --> 00:08:09,588
I know it's a very rough time
for you right now,
173
00:08:09,590 --> 00:08:12,824
but this
is a homicide
investigation,
174
00:08:12,826 --> 00:08:16,995
and from here on,
very few things will be private.
175
00:08:16,997 --> 00:08:19,064
Well, we weren't fighting.
176
00:08:19,066 --> 00:08:21,967
You were animated?
177
00:08:21,969 --> 00:08:23,502
Maybe.
178
00:08:23,504 --> 00:08:25,504
All right,
all right.
179
00:08:25,506 --> 00:08:27,739
About anything in particular?
180
00:08:27,741 --> 00:08:29,140
Um...
181
00:08:29,142 --> 00:08:32,544
well, we were at a party,
182
00:08:32,546 --> 00:08:34,813
and we were both kind of bombed.
183
00:08:36,517 --> 00:08:38,049
I just...
184
00:08:38,051 --> 00:08:42,521
I didn't want to be proposed to
like that.
185
00:08:42,523 --> 00:08:45,156
I always thought it would be
186
00:08:45,158 --> 00:08:48,960
on a boat sailing to Paris
or something,
187
00:08:48,962 --> 00:08:52,097
not him waving
a ring around, going
188
00:08:52,099 --> 00:08:55,767
"Let's do it,
let's do it."
189
00:08:55,769 --> 00:08:57,802
Then what happened?
190
00:08:59,740 --> 00:09:01,640
( sighs )
191
00:09:01,642 --> 00:09:03,942
I walked into the coffee shop.
192
00:09:03,944 --> 00:09:06,077
I walked out.
193
00:09:06,079 --> 00:09:08,046
Nathan was gone.
194
00:09:08,048 --> 00:09:12,117
Mimi, the ring-- the one he's
waving-- what happened to it?
195
00:09:12,119 --> 00:09:14,152
I don't know.
196
00:09:20,060 --> 00:09:23,061
Did you ever see him
with a knife?
197
00:09:23,063 --> 00:09:25,063
If I say yes,
198
00:09:25,064 --> 00:09:27,064
does that get him
out of my doorway permanently?
199
00:09:27,067 --> 00:09:29,167
Hey, listen, you help us,
we'll help you, all right?
200
00:09:29,169 --> 00:09:30,802
Tony, take this.
201
00:09:30,804 --> 00:09:32,938
Look, the guy is crazy.
202
00:09:32,940 --> 00:09:36,608
He thinks everybody he sees
is a KGB agent.
203
00:09:36,610 --> 00:09:39,578
I told him the Cold War
was over, kaput,
204
00:09:39,580 --> 00:09:42,013
so he thinks
I'm a KGB agent,
205
00:09:42,015 --> 00:09:43,114
trying to fake him out.
206
00:09:43,116 --> 00:09:44,115
The knife?
207
00:09:44,117 --> 00:09:46,184
I never saw a knife.
208
00:09:46,186 --> 00:09:47,953
Okay, describe him.
209
00:09:47,955 --> 00:09:49,955
5'10", crewcut.
210
00:09:49,957 --> 00:09:51,590
That makes it
a lot easier.
211
00:09:51,592 --> 00:09:52,591
Color?
212
00:09:52,593 --> 00:09:53,725
Yellow.
213
00:09:53,726 --> 00:09:54,858
What do you mean, yellow,
like Chinese?
214
00:09:54,861 --> 00:09:56,161
Like jaundice.
215
00:09:56,163 --> 00:09:58,229
A lot of these street people
have hepatitis
216
00:09:58,231 --> 00:10:00,098
and God knows what else.
217
00:10:00,100 --> 00:10:02,100
Does he usually
wear a red parka?
218
00:10:02,102 --> 00:10:04,836
No, overalls.
219
00:10:04,838 --> 00:10:06,838
Do you have any idea
220
00:10:06,840 --> 00:10:10,108
where else
he might hang out?
221
00:10:10,110 --> 00:10:11,943
Actually, he told me
one time
222
00:10:11,945 --> 00:10:14,980
I should stay away from the lake
in Central Park.
223
00:10:14,982 --> 00:10:16,948
Did he say why?
224
00:10:16,950 --> 00:10:18,617
Yeah.
225
00:10:18,619 --> 00:10:21,886
It's CIA. Headquarters
in New York.
226
00:10:21,888 --> 00:10:23,054
Lemonhead.
227
00:10:23,056 --> 00:10:25,106
Got to be.
228
00:10:25,107 --> 00:10:27,157
'Cause his head
looks like a lemon.
229
00:10:27,160 --> 00:10:29,894
Does he have
a last name?
230
00:10:29,896 --> 00:10:30,929
Tyler.
231
00:10:30,931 --> 00:10:32,163
No, no, Taters.
232
00:10:32,165 --> 00:10:33,131
What?
233
00:10:33,133 --> 00:10:34,132
Taters.
234
00:10:34,134 --> 00:10:35,133
Lemonhead Taters?
235
00:10:35,135 --> 00:10:36,735
MAN:
Tatum.
236
00:10:36,737 --> 00:10:38,136
Christian Tatum.
237
00:10:38,138 --> 00:10:39,137
Drinking scotch.
238
00:10:39,139 --> 00:10:40,839
That's right.
239
00:10:40,841 --> 00:10:43,842
This doesn't look like
the scotch and soda crowd to me.
240
00:10:43,844 --> 00:10:45,777
Yeah, yeah, not too many
social drinkers
241
00:10:45,779 --> 00:10:47,779
sleeping in the park.
242
00:10:47,781 --> 00:10:51,683
Son of a bitch
wouldn't pass it around.
243
00:10:51,685 --> 00:10:52,751
He's selfish?
244
00:10:52,753 --> 00:10:54,219
He got up
in my face.
245
00:10:54,221 --> 00:10:56,121
He said he'd killed
one guy already
246
00:10:56,123 --> 00:10:57,889
and he'd do me two
247
00:10:57,891 --> 00:11:01,126
if I didn't get my hands
off of his booze.
That's RIGHT.
248
00:11:01,128 --> 00:11:02,160
You think he did?
249
00:11:02,162 --> 00:11:04,162
Kill a guy?
250
00:11:04,164 --> 00:11:06,031
Last week
he said he cut
the privates
251
00:11:06,033 --> 00:11:08,933
off somebody
from the CIA.
252
00:11:08,935 --> 00:11:12,037
Mm-hmm. You have any idea
where he is now?
253
00:11:12,039 --> 00:11:13,938
He had a meeting
with...
254
00:11:13,940 --> 00:11:15,173
what's his name?
255
00:11:15,175 --> 00:11:16,174
William Casey.
256
00:11:16,176 --> 00:11:20,779
Down at
the Dunsmore Arms.
257
00:11:27,187 --> 00:11:29,254
( coughing )
258
00:11:29,256 --> 00:11:32,290
What can I do for you?
259
00:11:32,292 --> 00:11:35,193
You know a guy by the name
of Christian Tatum?
260
00:11:35,195 --> 00:11:36,695
Yeah.
261
00:11:36,697 --> 00:11:38,930
Would you mind
pointing him out to us?
262
00:11:38,932 --> 00:11:41,232
He's not there.
263
00:11:41,234 --> 00:11:43,134
Try room 40.
264
00:12:01,154 --> 00:12:03,088
Mr. Tatum?
265
00:12:03,090 --> 00:12:05,090
Lemonhead!
266
00:12:05,092 --> 00:12:08,159
We have a warrant
for your arrest.
267
00:12:14,234 --> 00:12:17,836
LOGAN:
Well, no lemonhead.
268
00:12:17,838 --> 00:12:21,106
But we got a red jacket.
269
00:12:21,108 --> 00:12:23,108
Torn pocket?
270
00:12:23,110 --> 00:12:24,275
Yep.
271
00:12:29,850 --> 00:12:30,849
CERRETA:
Hey!
272
00:12:30,851 --> 00:12:32,050
Hey!
273
00:12:36,323 --> 00:12:38,857
Are you
Christian Tatum?
274
00:12:38,859 --> 00:12:40,992
Answer me,
yes or no.
275
00:12:40,994 --> 00:12:42,127
Yep.
276
00:12:42,129 --> 00:12:44,129
You have the right
to remain silent
277
00:12:44,131 --> 00:12:45,930
and refuse to answer
any questions.
278
00:12:45,932 --> 00:12:48,516
Do you understand that?
279
00:12:48,517 --> 00:12:51,101
¶ Oh, the monkey wrapped
his tail around the flagpole ¶
280
00:12:51,104 --> 00:12:52,871
¶ 'Round the flagpole... ¶
281
00:12:52,873 --> 00:12:55,340
Take your time.
282
00:12:55,342 --> 00:12:59,844
I want the good-looking one--
bachelor number two.
283
00:13:02,949 --> 00:13:05,183
Number two,
step forward, please.
284
00:13:08,021 --> 00:13:10,321
A romantic weekend in Miami.
285
00:13:10,323 --> 00:13:12,290
All expenses paid.
286
00:13:12,292 --> 00:13:14,826
Get her
the hell out of here.
287
00:13:15,796 --> 00:13:19,130
Number two,
step back.
288
00:13:21,334 --> 00:13:23,168
Number four, step back.
289
00:13:23,170 --> 00:13:24,903
Earth
to number four!
290
00:13:24,905 --> 00:13:26,905
Step back.
291
00:13:27,908 --> 00:13:28,973
Step back.
292
00:13:28,975 --> 00:13:31,843
For the record,
I'd like it noted
293
00:13:31,845 --> 00:13:33,111
that your witness
294
00:13:33,113 --> 00:13:35,113
isn't exactly
grounded either.
295
00:13:35,115 --> 00:13:37,148
LOGAN:
So noted,
Miss Fahey.
296
00:13:37,150 --> 00:13:40,218
All right, Sal.
297
00:13:40,220 --> 00:13:43,254
Could you have them
turn around?
298
00:13:48,195 --> 00:13:54,032
Turn around
and face the rear.
299
00:13:59,239 --> 00:14:00,471
Number three.
300
00:14:00,473 --> 00:14:04,175
I never forget
a nice behind.
301
00:14:04,177 --> 00:14:05,944
Was he or was he not
302
00:14:05,946 --> 00:14:08,079
in the vicinity
of the stabbing?
303
00:14:08,081 --> 00:14:09,214
Well, no, but...
304
00:14:09,216 --> 00:14:10,882
Next.
305
00:14:12,219 --> 00:14:15,153
LOGAN:
Okay, you can
face forward.
306
00:14:29,002 --> 00:14:30,902
No.
307
00:14:30,904 --> 00:14:33,972
Are you sure?
308
00:14:33,974 --> 00:14:36,207
Absolutely.
309
00:14:36,209 --> 00:14:38,476
The one you saw
running away--
310
00:14:38,478 --> 00:14:41,112
the one
in the red parka?
311
00:14:41,114 --> 00:14:43,181
He's not there.
312
00:14:46,152 --> 00:14:48,219
Although...
313
00:14:48,221 --> 00:14:49,921
Yes?
314
00:14:52,926 --> 00:14:55,059
Number four.
315
00:14:58,531 --> 00:15:01,099
He was there, too.
316
00:15:01,101 --> 00:15:02,233
Too?
317
00:15:02,235 --> 00:15:04,202
Two guys.
318
00:15:04,204 --> 00:15:06,104
Two different guys.
319
00:15:06,106 --> 00:15:07,171
Yeah.
320
00:15:11,344 --> 00:15:15,079
What can you tell us
about the ring?
321
00:15:15,081 --> 00:15:18,082
When is Mr. Rehnquist
getting here?
322
00:15:18,084 --> 00:15:21,185
Oh, listen, he's caught up
in a Supreme Court thing.
323
00:15:21,187 --> 00:15:22,520
Hang tight.
324
00:15:27,027 --> 00:15:28,426
Miss Fahey.
325
00:15:28,428 --> 00:15:31,162
Crosstown traffic.
I'm sorry.
326
00:15:31,164 --> 00:15:34,098
We were just about
to extract a confession
from your client.
327
00:15:34,100 --> 00:15:36,100
Extract this, Logan.
328
00:15:37,337 --> 00:15:40,238
Miss Fahey's
a hell of a lawyer.
329
00:15:40,240 --> 00:15:42,307
You don't have
to say anything
330
00:15:42,309 --> 00:15:44,175
you don't want to.
331
00:15:44,177 --> 00:15:45,176
Don't worry.
332
00:15:45,178 --> 00:15:46,177
He hasn't.
333
00:15:46,179 --> 00:15:48,579
Uh, all right, Christian,
334
00:15:48,581 --> 00:15:51,049
your attorney is here now.
335
00:15:51,051 --> 00:15:53,584
So what
about it, hmm?
336
00:15:53,586 --> 00:15:55,386
Hmm?
337
00:15:57,057 --> 00:15:59,190
It was
in your jacket--
338
00:15:59,192 --> 00:16:00,992
the ring.
339
00:16:13,106 --> 00:16:15,540
It's not my jacket.
340
00:16:15,542 --> 00:16:17,542
You were wearing it.
341
00:16:17,544 --> 00:16:20,411
James put it over me.
342
00:16:20,413 --> 00:16:23,047
Would you explain that?
343
00:16:25,518 --> 00:16:31,022
I was safeguarding it
till I saw him again.
344
00:16:32,125 --> 00:16:33,224
Okay.
345
00:16:33,226 --> 00:16:35,493
You told your friends
in the park
346
00:16:35,495 --> 00:16:37,128
you stabbed a man.
347
00:16:37,130 --> 00:16:38,596
Was James in on that?
348
00:16:38,598 --> 00:16:42,166
You should know.
349
00:16:43,370 --> 00:16:47,271
But, uh, I don't know.
350
00:16:51,277 --> 00:16:53,544
I didn't stab anybody.
351
00:16:53,546 --> 00:16:56,180
James did.
352
00:16:56,182 --> 00:16:59,584
But I... helped him.
353
00:17:05,258 --> 00:17:07,325
How?
354
00:17:10,163 --> 00:17:12,430
I was a lookout.
355
00:17:18,538 --> 00:17:20,671
In your box?
356
00:17:20,673 --> 00:17:23,408
In my box.
357
00:17:29,115 --> 00:17:31,149
Problem?
358
00:17:31,151 --> 00:17:32,283
Maybe.
359
00:17:32,285 --> 00:17:35,119
Look, this other guy theory...
360
00:17:35,121 --> 00:17:38,289
I thought that was solid based
on the old lady with the dog.
361
00:17:38,291 --> 00:17:39,557
Yeah, Miss Hatch.
362
00:17:39,559 --> 00:17:41,492
But the second guy,
coming from Lemonhead,
363
00:17:41,494 --> 00:17:44,228
it sounds like a kid's
imaginary playmate.
364
00:17:44,230 --> 00:17:46,330
You know, "my friend James
who lives in the park"?
365
00:17:46,332 --> 00:17:47,565
Or outer space.
366
00:17:47,567 --> 00:17:50,168
Well, see if you can find out
367
00:17:50,170 --> 00:17:52,570
whether "friend James"
is real or not.
368
00:17:52,572 --> 00:17:55,239
If that doesn't work,
call Dr. Olivet.
369
00:17:56,709 --> 00:18:00,178
I didn't stab anybody.
370
00:18:00,180 --> 00:18:04,315
Well, you told your friends
in the park you did.
371
00:18:06,086 --> 00:18:08,086
That's for protection.
372
00:18:08,088 --> 00:18:09,187
Oh.
373
00:18:09,189 --> 00:18:11,289
You mean you made it up?
374
00:18:13,093 --> 00:18:15,159
Anything's possible.
375
00:18:18,098 --> 00:18:22,100
What about that CIA agent
last week?
376
00:18:22,102 --> 00:18:25,403
You told your friends
that you chopped off his...
377
00:18:25,405 --> 00:18:27,271
Stop that!
378
00:18:28,141 --> 00:18:29,407
Sorry.
379
00:18:34,347 --> 00:18:36,647
I've killed lots of people.
380
00:18:36,649 --> 00:18:39,183
Including Nathan Robbins?
381
00:18:54,734 --> 00:18:58,269
Word out is, there's a reward.
382
00:18:58,271 --> 00:19:02,306
I wouldn't know about that.
383
00:19:03,376 --> 00:19:06,177
You in a position to claim it?
384
00:19:06,179 --> 00:19:09,180
¶ Maybe yes, maybe no ¶
385
00:19:09,182 --> 00:19:13,317
¶ Anything is possible. ¶
386
00:19:15,221 --> 00:19:17,321
I know you don't want
to hear this,
387
00:19:17,323 --> 00:19:19,724
but I don't believe
he stabbed Robbins.
388
00:19:19,726 --> 00:19:22,460
You think
he's capable of it?
389
00:19:22,462 --> 00:19:25,229
He told me
he's killed 17 people,
390
00:19:25,231 --> 00:19:26,797
give or take a few.
391
00:19:26,799 --> 00:19:29,567
Well, so he exaggerates.
392
00:19:29,569 --> 00:19:30,801
He's delusional.
393
00:19:30,803 --> 00:19:33,538
He sees and hears things
that aren't there.
394
00:19:33,540 --> 00:19:35,673
He remembers things
that never happened.
395
00:19:35,675 --> 00:19:37,542
What about all the stuff
396
00:19:37,543 --> 00:19:39,410
with the red parka
and the imaginary homeboy?
397
00:19:39,412 --> 00:19:41,412
That sounds on the level.
398
00:19:41,414 --> 00:19:44,415
The way he described
wearing that red jacket--
399
00:19:44,417 --> 00:19:47,618
it's... it's like
a badge of honor with him.
400
00:19:47,620 --> 00:19:51,189
There is honor
among these people, you know.
401
00:19:51,191 --> 00:19:53,257
CRAGEN:
Fine. Great.
I'll accept that.
402
00:19:53,259 --> 00:19:56,694
So, what happened is,
he's a psychopath,
403
00:19:56,696 --> 00:19:58,729
and he thought
Robbins was attacking him
404
00:19:58,731 --> 00:20:00,598
when he started kicking his box,
so he comes out,
405
00:20:00,600 --> 00:20:01,832
flies into a rage.
406
00:20:01,834 --> 00:20:03,434
He's psychotic.
407
00:20:03,436 --> 00:20:04,802
He's not psychopathic.
408
00:20:04,804 --> 00:20:06,771
What's the difference?
409
00:20:06,773 --> 00:20:08,773
Psychotic
is when you believe
410
00:20:08,775 --> 00:20:10,775
the doorman was sent
from Planet X
411
00:20:10,777 --> 00:20:13,377
to put mind control devices
in your teeth.
412
00:20:13,379 --> 00:20:15,780
Psychopathic is when you
blow the doorman away
413
00:20:15,782 --> 00:20:17,782
and take out 20 other people
while you're at it.
414
00:20:17,784 --> 00:20:20,251
Now, come on,
you guys.
415
00:20:20,253 --> 00:20:22,420
You're making me late.
416
00:20:22,422 --> 00:20:25,656
And remember,
in a moment of lucidity,
417
00:20:25,658 --> 00:20:28,759
he told me James lives
under a big tree
418
00:20:28,761 --> 00:20:31,329
near the Bridle Path.
419
00:20:36,536 --> 00:20:39,870
And she said, she said,
"What about Tuesday?"
420
00:20:39,872 --> 00:20:43,741
And then she said, you said,
"What about Thursday?"
421
00:20:43,743 --> 00:20:44,875
( chuckling )
422
00:20:44,877 --> 00:20:47,478
And then she said,
she said,
423
00:20:47,480 --> 00:20:51,349
( imitating sound of crowd ):
"Da-ryl, da-ryl, da-ryl..."
424
00:20:51,351 --> 00:20:54,352
( imitating announcer ):
Security in section three,
425
00:20:54,354 --> 00:20:56,754
row 12, seat five-a,
seat five-a, seat...
426
00:20:56,756 --> 00:20:59,557
I want the reward.
427
00:20:59,559 --> 00:21:02,360
I thought this guy James
was your friend.
428
00:21:03,763 --> 00:21:05,630
I'm flexible.
429
00:21:05,632 --> 00:21:07,531
Crazy,
but not stupid.
430
00:21:07,533 --> 00:21:08,866
Yeah, okay, listen.
431
00:21:08,868 --> 00:21:11,869
You help us find James,
and he's guilty,
432
00:21:11,871 --> 00:21:13,838
you'll get your reward, okay?
How's that?
433
00:21:32,892 --> 00:21:34,592
( chuckles )
434
00:21:39,365 --> 00:21:40,831
CERRETA:
Well, somebody
lives here.
435
00:21:40,833 --> 00:21:42,333
Maybe you?
436
00:21:42,335 --> 00:21:43,601
James.
437
00:21:43,603 --> 00:21:44,902
I told you.
438
00:21:49,809 --> 00:21:51,342
Ugh!
439
00:22:01,821 --> 00:22:04,689
Oh. Aha.
440
00:22:04,691 --> 00:22:07,825
Social Services I.D.
441
00:22:07,827 --> 00:22:10,628
James Joseph Polesky.
442
00:22:12,765 --> 00:22:14,465
Good.
443
00:22:16,402 --> 00:22:19,804
Well, he's got 28 bucks
in a savings account
444
00:22:19,806 --> 00:22:22,340
at Manufacturers Hanover.
445
00:22:22,342 --> 00:22:26,410
Well, well, well,
what have we here?
446
00:22:28,981 --> 00:22:30,715
It's a match.
447
00:22:30,717 --> 00:22:32,850
Blood on the handle is B-neg.
448
00:22:32,852 --> 00:22:35,619
Chest hair, hair samples
match Robbins'.
449
00:22:35,621 --> 00:22:38,622
The size of the wound
is consistent.
450
00:22:38,624 --> 00:22:39,790
That's all?
451
00:22:39,792 --> 00:22:42,827
Would Polesky's prints
be overkill?
452
00:22:43,996 --> 00:22:49,400
CERRETA:
No. One thing I'm not really
clear on, Lem... Christian?
453
00:22:50,570 --> 00:22:52,002
If this was a robbery,
454
00:22:52,004 --> 00:22:53,604
then how come
your friend James
455
00:22:53,606 --> 00:22:55,673
didn't take
Mr. Robbins' wallet?
456
00:22:58,010 --> 00:23:00,010
He didn't see the wallet.
457
00:23:00,012 --> 00:23:01,912
He saw the ring.
458
00:23:01,914 --> 00:23:03,547
( laughs )
459
00:23:03,549 --> 00:23:04,782
If only he'd given James
what he wanted,
460
00:23:04,784 --> 00:23:06,684
then everything
would have been fine.
461
00:23:06,686 --> 00:23:08,486
CERRETA:
But he didn't
do that, huh?
462
00:23:08,488 --> 00:23:10,888
He held on to it.
463
00:23:10,890 --> 00:23:14,558
And then?
464
00:23:14,560 --> 00:23:16,827
And then
James stabbed him.
465
00:23:22,635 --> 00:23:24,502
Is that a yes?
466
00:23:24,504 --> 00:23:27,405
( snickering )
467
00:23:27,407 --> 00:23:28,639
FAHEY:
Christian?
468
00:23:32,779 --> 00:23:34,678
Yes, yes, yes.
469
00:23:36,783 --> 00:23:38,783
I think, uh...
470
00:23:38,785 --> 00:23:41,952
I'm going to get
an arrest warrant.
471
00:23:46,692 --> 00:23:48,826
CERRETA:
James J. Polesky!
472
00:23:48,828 --> 00:23:50,661
What's going on?
What's going on?
473
00:23:50,663 --> 00:23:52,830
I got him
Phil, you see him?
474
00:23:52,832 --> 00:23:54,498
Yeah.
475
00:23:54,500 --> 00:23:55,599
There he is!
476
00:23:57,637 --> 00:23:58,803
There he is!
Guys!
477
00:23:58,805 --> 00:24:00,838
You ain't going
anywhere.
478
00:24:00,840 --> 00:24:02,873
Get your hands
behind...!
479
00:24:02,875 --> 00:24:04,475
You're under arrest.
480
00:24:04,477 --> 00:24:06,577
You have the right
to remain silent
481
00:24:06,579 --> 00:24:08,813
and to refuse
to answer questions.
482
00:24:08,814 --> 00:24:11,048
Anything you do say
may be used against you
in a court of law.
483
00:24:13,085 --> 00:24:15,119
If we put you
in a lineup,
484
00:24:15,121 --> 00:24:17,488
we're gonna get
a positive make, James.
485
00:24:17,490 --> 00:24:20,958
So why don't you just
help yourself out, okay?
486
00:24:20,960 --> 00:24:23,127
Is there a deal
on the table?
487
00:24:23,129 --> 00:24:24,228
No.
488
00:24:24,230 --> 00:24:26,197
You want me
to sign this?
489
00:24:26,199 --> 00:24:27,699
Yes.
490
00:24:27,700 --> 00:24:29,200
Go pee up a rope.
( chuckles )
491
00:24:29,202 --> 00:24:32,670
I will, and then
I'm going to wrap it
492
00:24:32,672 --> 00:24:35,039
around your scrawny little neck.
493
00:24:35,041 --> 00:24:40,110
If this guy hits me,
I'm off the hook, right?
494
00:24:45,084 --> 00:24:47,017
We've got irrefutable physical
evidence,
495
00:24:47,019 --> 00:24:48,769
we've got an eyewitness.
496
00:24:48,770 --> 00:24:50,520
You tell me, why would I
want to make a deal?
497
00:24:50,523 --> 00:24:52,039
My client was drunk,
498
00:24:52,040 --> 00:24:53,556
and he has a history
of impulsiveness.
499
00:24:53,559 --> 00:24:57,161
If you can sell that to a jury,
try, Mr. Scoler,
500
00:24:57,163 --> 00:24:59,096
but I think they'll see it
as I do:
501
00:24:59,098 --> 00:25:02,266
an opportunistic,
cold-blooded killer.
502
00:25:02,268 --> 00:25:03,634
No deal.
503
00:25:06,005 --> 00:25:08,272
See you in court, then.
504
00:25:12,545 --> 00:25:14,612
He's going to turn this
505
00:25:14,614 --> 00:25:16,947
into a forum
on the rights of the homeless.
506
00:25:16,949 --> 00:25:18,649
So let him.
What's wrong with that?
507
00:25:18,651 --> 00:25:20,901
I'm seeing editorials
in my head--
508
00:25:20,902 --> 00:25:23,152
"Power of state v. Victim of
Society, " that kind of thing.
509
00:25:23,155 --> 00:25:24,989
We're going to get it
from the other side, too.
510
00:25:24,991 --> 00:25:27,091
"Homeless lunatics--
they kill innocent citizens.
511
00:25:27,093 --> 00:25:29,126
Is the State powerless
to protect us?"
512
00:25:29,128 --> 00:25:31,295
Let's stop worrying about the
ink we're getting, all right?
513
00:25:31,297 --> 00:25:33,998
I'm not, but the public's
perception of us.
514
00:25:34,000 --> 00:25:36,000
We could have made a deal,
saved a lot of bad feelings.
515
00:25:36,002 --> 00:25:38,202
I'm flexible on Lemonhead--
he's crazy--
516
00:25:38,204 --> 00:25:41,038
but Polesky, he killed a man
in cold blood,
517
00:25:41,040 --> 00:25:43,207
and homeless or not,
we get a conviction,
518
00:25:43,209 --> 00:25:45,042
the public will see us
519
00:25:45,044 --> 00:25:47,144
in a very kindly light,
believe me.
520
00:25:47,146 --> 00:25:49,246
The charge is murder
in the second degree.
521
00:25:49,248 --> 00:25:50,714
How does
the defendant plead?
522
00:25:50,716 --> 00:25:52,049
Not guilty, Your Honor.
523
00:25:52,051 --> 00:25:54,118
Do the People wish
to set bail?
524
00:25:54,120 --> 00:25:56,120
Mr. Polesky is a transient,
Your Honor.
525
00:25:56,122 --> 00:25:58,122
He has no ties to the community
526
00:25:58,124 --> 00:26:00,257
and given the viciousness
of this crime...
527
00:26:00,259 --> 00:26:02,993
JUDGE:
Bail is denied;
defendant is remanded.
528
00:26:02,995 --> 00:26:07,164
In the case
of People v. Christian Tatum,
529
00:26:07,166 --> 00:26:09,233
charge is murder
in the second degree,
530
00:26:09,235 --> 00:26:10,968
conspiracy and larceny.
531
00:26:10,970 --> 00:26:12,937
Your honor, the People
have turned nothing over to us.
532
00:26:12,939 --> 00:26:15,105
No bonds or disclosure forums,
no...
533
00:26:15,107 --> 00:26:16,640
JUDGE:
Mr. Robinette?
534
00:26:16,642 --> 00:26:19,310
The People were never asked
for V.D.F.s, Judge.
535
00:26:27,253 --> 00:26:31,622
Statement, witness I.D.,
arrest warrant...
536
00:26:31,624 --> 00:26:34,158
No search warrant?
537
00:26:38,230 --> 00:26:39,964
So, what happened?
538
00:26:39,966 --> 00:26:43,033
The judge had a problem
with no search warrant.
539
00:26:43,035 --> 00:26:44,134
Come on, Paul!
540
00:26:44,136 --> 00:26:46,237
We took him
where we found him.
541
00:26:46,238 --> 00:26:48,339
Look, I told him all that,
Mike. He didn't buy it.
542
00:26:48,341 --> 00:26:49,974
We were concerned
about securing the area,
543
00:26:49,976 --> 00:26:51,826
not worrying about
some search warrant.
544
00:26:51,827 --> 00:26:53,677
For all we knew,
that guy was in a closet
with a hunting knife.
545
00:26:53,679 --> 00:26:56,046
I understand.
I need one of you guys
546
00:26:56,048 --> 00:26:57,681
to testify
at the suppression hearing.
547
00:26:57,683 --> 00:26:59,249
I'll do it.
548
00:27:00,753 --> 00:27:02,219
As I was saying,
549
00:27:02,221 --> 00:27:05,222
the desk clerk directed us
to a vacant room.
550
00:27:05,224 --> 00:27:06,824
Lemonhead was not there.
551
00:27:06,826 --> 00:27:08,993
The jacket
was in plain sight...
552
00:27:08,995 --> 00:27:11,345
I understand, Detective.
553
00:27:11,346 --> 00:27:13,696
Nevertheless, I am going to
grant the motion to suppress
554
00:27:13,699 --> 00:27:16,700
on the illegal search
of the defendant's jacket.
555
00:27:16,702 --> 00:27:18,736
The ring belonging
to the victim
556
00:27:18,738 --> 00:27:21,138
is hereby ruled
inadmissible as evidence
557
00:27:21,140 --> 00:27:23,774
in The People v.
Christian Tatum.
558
00:27:26,212 --> 00:27:28,045
No ring, no case.
559
00:27:28,047 --> 00:27:31,181
I don't understand why
you're being so obstinate.
560
00:27:31,183 --> 00:27:33,717
I'm not allowed
to plea down that far.
561
00:27:33,719 --> 00:27:35,219
Besides, he confessed.
562
00:27:35,221 --> 00:27:37,221
The man's non compos mentis.
563
00:27:37,223 --> 00:27:39,040
There's no way he
understood his rights.
564
00:27:39,041 --> 00:27:40,858
Your client is
an accomplice to murder.
565
00:27:40,860 --> 00:27:43,127
How about
attempt rob two?
566
00:27:43,129 --> 00:27:45,630
Rob two.
567
00:27:45,631 --> 00:27:48,132
He testifies against Polesky,
he can get whatever help
568
00:27:48,134 --> 00:27:51,235
the system still has left
to offer him.
569
00:27:51,237 --> 00:27:53,404
All right. Deal.
570
00:27:53,406 --> 00:27:55,339
In writing.
571
00:27:59,812 --> 00:28:01,145
He was losing it.
572
00:28:01,147 --> 00:28:04,214
I thought I'd better
get him out of sight.
573
00:28:05,851 --> 00:28:08,185
Hello, Mr. Tatum.
( gasps )
574
00:28:08,187 --> 00:28:11,221
I saw James
out there.
575
00:28:11,223 --> 00:28:13,040
I saw him!
576
00:28:13,041 --> 00:28:14,858
You didn't tell me
James was gonna be here.
577
00:28:14,860 --> 00:28:17,161
James is the one
who's on trial, Mr. Tatum.
578
00:28:17,163 --> 00:28:18,896
Where do you think he'd be?
579
00:28:18,898 --> 00:28:21,732
Maybe I could, uh,
just get the reward
580
00:28:21,734 --> 00:28:24,201
and... and leave now, huh?
581
00:28:24,203 --> 00:28:26,370
James has a knife,
you know that.
582
00:28:26,372 --> 00:28:29,173
I don't want him to see me.
583
00:28:29,175 --> 00:28:32,142
James doesn't have the knife
anymore-- we have it.
584
00:28:32,144 --> 00:28:33,377
You just tell the court
what you saw James...
585
00:28:33,379 --> 00:28:35,145
He's going to kill me!
Don't you understand?
586
00:28:35,147 --> 00:28:36,880
He's going to slice me!
587
00:28:36,882 --> 00:28:39,883
He's going to feed me
to the pigeons!
588
00:28:39,885 --> 00:28:41,151
Quiet, okay?
Mr. Tatum...
589
00:28:41,153 --> 00:28:43,487
knock it off!
590
00:28:46,192 --> 00:28:47,224
Stand up.
591
00:28:49,161 --> 00:28:51,195
Your psychiatrist
tells me
592
00:28:51,197 --> 00:28:54,264
that you have moments
of rational thought.
593
00:28:54,266 --> 00:28:57,267
Now, we're going to go
back in there
594
00:28:57,269 --> 00:28:59,436
and we'll take care of you
595
00:28:59,438 --> 00:29:04,308
and you are going to have
one of those moments.
596
00:29:04,310 --> 00:29:09,213
Mr. Tatum,
were you offered a plea bargain
597
00:29:09,215 --> 00:29:14,218
in exchange
for today's testimony?
598
00:29:14,220 --> 00:29:15,486
Yes.
599
00:29:15,488 --> 00:29:18,455
And you have admitted
your part
600
00:29:18,457 --> 00:29:21,125
in the robbery
of Nathan Robbins.
601
00:29:21,127 --> 00:29:23,744
Is that correct?
602
00:29:23,745 --> 00:29:26,362
Yes, I was standing out front
of the coffee shop,
603
00:29:26,365 --> 00:29:30,234
looking for somebody to rob.
604
00:29:30,236 --> 00:29:31,802
Somebody easy.
605
00:29:31,804 --> 00:29:34,505
STONE:
Would you explain that?
606
00:29:34,507 --> 00:29:38,509
Well, somebody, you know,
who was drunk or high,
607
00:29:38,511 --> 00:29:41,945
you know, so they...
weren't thinking straight.
608
00:29:41,947 --> 00:29:45,182
Was this plan your idea?
609
00:29:45,184 --> 00:29:46,350
No.
610
00:29:46,352 --> 00:29:48,185
It was... was James'.
611
00:29:48,187 --> 00:29:51,255
Is James
in this courtroom?
612
00:29:57,229 --> 00:30:00,798
STONE:
Let the record indicate
that the witness is pointing
613
00:30:00,800 --> 00:30:03,967
at the defendant,
James Polesky.
614
00:30:03,969 --> 00:30:06,470
What was James doing the night
615
00:30:06,472 --> 00:30:07,871
of the murder?
616
00:30:07,873 --> 00:30:09,306
He was hanging out.
617
00:30:09,308 --> 00:30:11,875
I saw this guy and this girl.
618
00:30:11,877 --> 00:30:14,011
They... they...
weren't paying attention,
619
00:30:14,013 --> 00:30:18,515
so I go up to James--
"That's them."
620
00:30:18,517 --> 00:30:21,985
Then I went inside for a while.
621
00:30:21,987 --> 00:30:24,888
Inside
the cardboard box?
622
00:30:24,890 --> 00:30:28,592
Then I see James
going for the guy.
623
00:30:28,594 --> 00:30:31,495
And he went after him why?
624
00:30:31,497 --> 00:30:32,863
Well, the guy had a ring
625
00:30:32,865 --> 00:30:34,231
he wanted to give
to his girlfriend.
626
00:30:39,271 --> 00:30:41,238
Is this the ring?
627
00:30:43,209 --> 00:30:45,609
Your Honor,
I offer into evidence
628
00:30:45,611 --> 00:30:48,045
People's Exhibit
Number 25.
629
00:30:48,047 --> 00:30:49,046
Objection:
inadmissible.
630
00:30:49,048 --> 00:30:50,581
Sustained.
631
00:30:50,583 --> 00:30:52,516
Your Honor,
may we approach?
632
00:30:53,452 --> 00:30:57,020
This ring was suppressed
re Tatum, not...
633
00:30:57,022 --> 00:30:58,255
I'm well aware of that.
634
00:30:58,257 --> 00:31:00,324
I made the ruling.
Anything else?
635
00:31:00,326 --> 00:31:02,860
Then it's perfectly admissible
against Polesky.
636
00:31:02,862 --> 00:31:05,028
I'll make that determination,
Mr. Stone.
637
00:31:05,030 --> 00:31:07,331
Thank you, your witness.
638
00:31:14,273 --> 00:31:16,607
( whispering ):
What an idiot.
639
00:31:18,611 --> 00:31:21,278
Would you describe what happened
640
00:31:21,280 --> 00:31:24,548
after Mr. Polesky
approached Mr. Robbins?
641
00:31:26,085 --> 00:31:29,653
He pulled out his knife
and he pig-stuck him!
642
00:31:29,655 --> 00:31:31,021
( wheezing laughter )
643
00:31:31,023 --> 00:31:33,624
would you describe the knife,
please?
644
00:31:33,626 --> 00:31:35,592
Yeah!
645
00:31:35,594 --> 00:31:39,630
Like the one you showed me,
the one you got on the table.
646
00:31:41,267 --> 00:31:44,034
And then he pulled
the knife right out.
647
00:31:44,036 --> 00:31:46,670
No more questions
of this witness, Your Honor.
648
00:31:49,608 --> 00:31:51,975
Mr. Tatum.
649
00:31:55,614 --> 00:31:57,447
Has the CIA
650
00:31:57,449 --> 00:32:00,317
ever tried
to assassinate you?
651
00:32:05,958 --> 00:32:08,742
Yes.
652
00:32:08,743 --> 00:32:11,527
And when was the last attempt
on your life?
653
00:32:12,998 --> 00:32:14,564
Tuesday.
654
00:32:14,566 --> 00:32:15,933
Objection, Your Honor.
655
00:32:18,037 --> 00:32:22,940
SCOLER:
Now, why would the CIA
want to kill you, Mr. Tatum?
656
00:32:24,009 --> 00:32:26,343
Eastern Europe.
657
00:32:26,345 --> 00:32:30,580
I briefed Mikhail Gorbachev
several times last year
658
00:32:30,582 --> 00:32:32,950
before... it all happened.
659
00:32:32,952 --> 00:32:35,018
So you, um...
660
00:32:35,020 --> 00:32:37,020
you made them look bad.
661
00:32:37,022 --> 00:32:39,690
Yes. They don't like that.
662
00:32:39,692 --> 00:32:41,992
Thank you, Mr. Tatum.
663
00:32:43,395 --> 00:32:44,661
No further questions.
664
00:32:52,604 --> 00:32:54,972
How old are you,
Miss Hatch?
665
00:32:54,974 --> 00:32:56,673
Objection: relevance.
666
00:32:56,675 --> 00:32:58,442
Eyesight fades
as we grow older,
Your Honor.
667
00:32:58,444 --> 00:33:00,444
Overruled.
668
00:33:00,446 --> 00:33:02,179
SCOLER:
How is your eyesight,
Miss Hatch?
669
00:33:02,181 --> 00:33:05,382
I need glasses to read.
670
00:33:05,384 --> 00:33:07,451
Otherwise, it's fine.
671
00:33:07,453 --> 00:33:10,053
This is your sworn statement
to the police
672
00:33:10,055 --> 00:33:13,056
in which you claim
to have seen the defendant
673
00:33:13,058 --> 00:33:15,525
in from of Ezra's coffee shop.
674
00:33:15,527 --> 00:33:16,760
So?
675
00:33:16,762 --> 00:33:20,030
Do you see the same man
in court today?
676
00:33:24,770 --> 00:33:27,471
SCOLER:
I'm impressed.
677
00:33:27,473 --> 00:33:31,408
There's a mural behind me,
Miss Hatch.
678
00:33:31,410 --> 00:33:33,643
Will you describe it
for the court?
679
00:33:33,645 --> 00:33:37,147
Staten Island and the narrows.
680
00:33:40,152 --> 00:33:41,485
You're, uh...
681
00:33:41,487 --> 00:33:45,055
you're familiar
with the Staten Island
682
00:33:45,057 --> 00:33:47,057
of the 19th century, Miss Hatch?
683
00:33:47,059 --> 00:33:48,759
I can read the legend.
684
00:33:48,761 --> 00:33:51,161
I hope your eyesight
685
00:33:51,163 --> 00:33:53,597
is better than your manners,
young man.
686
00:33:57,603 --> 00:33:59,536
It was in the clearing
under a mattress
687
00:33:59,538 --> 00:34:01,104
where Mr. Polesky sleeps.
688
00:34:01,106 --> 00:34:03,106
What did you do
with the knife,
Sergeant?
689
00:34:03,108 --> 00:34:04,107
I bagged it
690
00:34:04,109 --> 00:34:05,776
and took it to the lab.
691
00:34:05,778 --> 00:34:08,245
STONE:
Did you read the lab report?
692
00:34:08,247 --> 00:34:10,714
Yes, of course. The blood
matched, the hair matched,
693
00:34:10,716 --> 00:34:12,783
and the size of the knife
was consistent with the wound.
694
00:34:12,785 --> 00:34:14,818
There were fingerprints
on the knife?
695
00:34:14,820 --> 00:34:17,788
One set--
those of the defendant.
696
00:34:17,790 --> 00:34:19,456
Thank you, Sergeant.
697
00:34:22,795 --> 00:34:24,795
Upon your conviction,
698
00:34:24,797 --> 00:34:27,798
of the crime of murder
in the second degree,
699
00:34:27,800 --> 00:34:30,467
the court sentences you to a
maximum term of imprisonment
700
00:34:30,469 --> 00:34:32,803
of 25 years to life.
701
00:34:32,805 --> 00:34:35,605
( gavel bangs )
702
00:34:39,845 --> 00:34:43,180
ROBINETTE:
Victim was assaulted
with a copper saucepan.
703
00:34:43,182 --> 00:34:44,848
STONE:
His wife?
A sous chef.
704
00:34:44,850 --> 00:34:49,152
The guy complained of too much
salt in the bechamel-- bam!
705
00:34:49,154 --> 00:34:51,788
Notice of appeal
on Polesky.
706
00:34:55,761 --> 00:34:57,794
Give me a break.
707
00:35:05,838 --> 00:35:09,106
Jesus, Mary and Joseph.
708
00:35:09,108 --> 00:35:11,108
Everybody appeals everything.
709
00:35:11,110 --> 00:35:12,642
Why come way down
all the way down here?
710
00:35:12,644 --> 00:35:14,845
I just wanted to see
your faces.
711
00:35:14,847 --> 00:35:16,546
So what is it?
712
00:35:16,548 --> 00:35:19,583
The appeal is based on
the Fourth Amendment.
713
00:35:19,585 --> 00:35:21,218
You didn't have a warrant
714
00:35:21,220 --> 00:35:23,720
when you searched
the appellant's place of abode.
715
00:35:25,157 --> 00:35:27,124
Place of abode, huh?
716
00:35:27,126 --> 00:35:30,127
It was in the damn bushes.
717
00:35:33,465 --> 00:35:35,765
"...based on an illegal search
718
00:35:35,767 --> 00:35:40,337
of appellant's non-traditional
place of residence."
719
00:35:40,339 --> 00:35:42,439
Got to hand it to Scoler.
720
00:35:42,441 --> 00:35:44,207
That's pretty good.
721
00:35:44,209 --> 00:35:47,410
It wasn't Scoler.
722
00:35:47,412 --> 00:35:49,446
Norman Ackerman, ACLU.
723
00:35:49,448 --> 00:35:51,581
His brief in Skokie
was 120 pages.
724
00:35:51,583 --> 00:35:54,451
His buddies on Wall Street
do his research
725
00:35:54,453 --> 00:35:56,853
out of the goodness
of their hearts.
726
00:35:56,855 --> 00:35:59,289
Wall Street lawyers
doing pro bono?
727
00:35:59,291 --> 00:36:00,590
Makes them feel good.
728
00:36:00,592 --> 00:36:03,260
I don't care
who wrote the brief.
729
00:36:03,262 --> 00:36:06,429
No way the court can extend
Fourth Amendment protection
730
00:36:06,431 --> 00:36:08,231
to a bush in the park.
731
00:36:08,233 --> 00:36:09,299
Thought it was a shack.
732
00:36:09,301 --> 00:36:11,501
Makes their argument
more compelling.
733
00:36:11,503 --> 00:36:14,337
Actually, a cardboard box
in a clearing.
734
00:36:14,339 --> 00:36:16,389
The question is,
735
00:36:16,390 --> 00:36:18,440
can we take the temperature
of the appellate court?
736
00:36:18,443 --> 00:36:20,210
Well, the U.S. Supreme Court
737
00:36:20,212 --> 00:36:22,345
has gone pell-mell
to the right,
738
00:36:22,347 --> 00:36:24,347
and the local
magistrates
739
00:36:24,349 --> 00:36:27,918
haven't been
overly sympathetic
to the indigent,
740
00:36:27,920 --> 00:36:31,588
but the Manhattan
appellate judges
741
00:36:31,590 --> 00:36:34,858
may be the last
liberal activists
742
00:36:34,860 --> 00:36:37,227
sitting on any bench anywhere.
743
00:36:37,229 --> 00:36:39,329
Ackerman wrote
a hell of a brief,
744
00:36:39,331 --> 00:36:41,364
but case history
is on our side.
745
00:36:41,366 --> 00:36:42,866
That's encouraging.
746
00:36:42,868 --> 00:36:45,435
All the way back to 18th century
England. Blackstone.
747
00:36:45,437 --> 00:36:47,871
An open field
is not private property
748
00:36:47,873 --> 00:36:49,306
and is not protected.
749
00:36:49,308 --> 00:36:51,208
What's Ackerman
relying on?
750
00:36:51,210 --> 00:36:54,211
Sympathy and the 1967
Supreme Court decision,
751
00:36:54,213 --> 00:36:55,345
Katz v. U.S.
752
00:36:55,347 --> 00:36:57,297
The majority held
753
00:36:57,298 --> 00:36:59,248
that the police could not
tap a public phone
754
00:36:59,251 --> 00:37:00,417
without a warrant.
755
00:37:00,419 --> 00:37:01,551
"The Fourth Amendment
756
00:37:01,553 --> 00:37:03,353
protects people,
not places."
757
00:37:03,355 --> 00:37:05,989
I quoted Potter Stewart
in law school and won
an argument.
758
00:37:05,991 --> 00:37:07,290
but things change.
759
00:37:07,292 --> 00:37:08,925
Schiff may be right
about this court.
760
00:37:08,927 --> 00:37:11,394
The press says they're looking
to make a case.
761
00:37:11,396 --> 00:37:13,430
Mr. Polesky stabbed
an innocent victim
762
00:37:13,432 --> 00:37:14,931
for no other reason
than greed.
763
00:37:14,933 --> 00:37:16,600
This is the wrong case
to make a point, isn't it?
764
00:37:22,274 --> 00:37:24,407
( reporters clamoring )
765
00:37:24,409 --> 00:37:27,410
Mr. Stone, given the extent
of homelessness,
766
00:37:27,412 --> 00:37:29,279
don't you think the court
will jump at the chance
767
00:37:29,281 --> 00:37:31,131
to write new law
in this case?
768
00:37:31,132 --> 00:37:32,982
Homelessness may be the greatest
tragedy of our time,
769
00:37:32,985 --> 00:37:35,018
but I don't think the cure is
allowing a convicted felon
770
00:37:35,020 --> 00:37:36,320
to wander the streets,
771
00:37:36,321 --> 00:37:37,621
and I'm sure
the court will agree with me.
772
00:37:37,623 --> 00:37:39,289
You've got a tough job
773
00:37:39,291 --> 00:37:41,324
defending a patently
unconstitutional search.
774
00:37:41,326 --> 00:37:44,694
Nothing is patently anything
until the appeals court says so,
775
00:37:44,696 --> 00:37:47,564
and my job is to preserve
a solid murder conviction.
776
00:37:47,566 --> 00:37:50,400
Thank you.
REPORTER:
What about the rights
of the homeless?
777
00:37:55,307 --> 00:38:01,378
ROBINETTE:
The Times called Ackerman
the modern Clarence Darrow.
778
00:38:01,380 --> 00:38:04,447
I'm sure Darrow
had his off days.
779
00:38:07,319 --> 00:38:09,319
Ben.
780
00:38:09,321 --> 00:38:10,821
Oh, hi, Norman.
781
00:38:10,822 --> 00:38:12,322
It's been what, four,
five years.
782
00:38:12,324 --> 00:38:14,191
At least.
783
00:38:14,192 --> 00:38:16,059
You've stopped attending
our fund raiser.
784
00:38:16,061 --> 00:38:20,063
Defending the Nazis at Skokie
didn't sit right with me.
785
00:38:20,065 --> 00:38:23,466
Our only client is the U.S.
Constitution, you know that.
786
00:38:23,468 --> 00:38:26,036
In theory, but there are
practical consequences
787
00:38:26,038 --> 00:38:28,371
to every one of your crusades;
people get hurt-- real people.
788
00:38:28,373 --> 00:38:32,375
Ah. You don't want
the great unwashed
camping on your doorstep.
789
00:38:32,377 --> 00:38:34,711
Norman, this is about
James Polesky
790
00:38:34,713 --> 00:38:36,446
and, no, I don't want him
791
00:38:36,448 --> 00:38:38,615
hanging around my lobby
at night.
792
00:38:38,617 --> 00:38:41,351
ACKERMAN:
In Katz,
Mr. Justice Stewart wrote
793
00:38:41,353 --> 00:38:45,355
that "Whatever a person seeks
to preserve as private,
794
00:38:45,357 --> 00:38:48,325
"even in an area accessible
to the public,
795
00:38:48,327 --> 00:38:50,727
may be constitutionally
protected."
796
00:38:50,729 --> 00:38:54,331
The defendant here
did everything in his power
797
00:38:54,333 --> 00:38:56,099
to preserve his private space.
798
00:38:56,101 --> 00:38:58,001
JUDGE:
Excuse me, Mr. Ackerman,
799
00:38:58,003 --> 00:39:01,371
but the issue in Katz
was whether public telephones
800
00:39:01,373 --> 00:39:03,073
could be tapped
without a warrant.
801
00:39:03,075 --> 00:39:05,041
JUDGE #2:
And the same court in Oliver
802
00:39:05,043 --> 00:39:07,510
specifically refused to extend
Fourth Amendment protection
803
00:39:07,512 --> 00:39:08,945
to open fields.
804
00:39:08,947 --> 00:39:10,380
I'm well aware of Oliver,
Your Honor.
805
00:39:10,382 --> 00:39:12,515
But I'm also aware
that at that time
806
00:39:12,517 --> 00:39:15,051
of that decision, there weren't
a million homeless people
807
00:39:15,053 --> 00:39:16,619
wandering this country.
808
00:39:16,621 --> 00:39:18,088
JUDGE #3:
You would have us
809
00:39:18,090 --> 00:39:19,656
afford the same protection
810
00:39:19,658 --> 00:39:21,791
to a man
sleeping in Central Park
811
00:39:21,793 --> 00:39:24,661
as we would to a man
in the comfort of his home?
812
00:39:24,663 --> 00:39:27,030
Central Park is his home,
Your Honor.
813
00:39:27,032 --> 00:39:28,365
It is also
814
00:39:28,367 --> 00:39:30,767
public ground,
paid for by local taxes.
815
00:39:30,769 --> 00:39:33,069
The same taxes
that were supposed
816
00:39:33,071 --> 00:39:35,372
to build shelters
to house these people
817
00:39:35,374 --> 00:39:36,639
and hospitals
to care for them.
818
00:39:36,641 --> 00:39:39,509
Once the state abdicated
819
00:39:39,511 --> 00:39:42,379
its responsibility
to care for the homeless,
820
00:39:42,381 --> 00:39:46,750
the public parks, the alleys
and the streets
821
00:39:46,752 --> 00:39:48,551
became their homes.
822
00:39:48,553 --> 00:39:51,087
Just as we wouldn't allow
823
00:39:51,089 --> 00:39:53,490
governmental intrusion
into your bedrooms,
824
00:39:53,492 --> 00:39:55,024
we shouldn't allow intrusion
825
00:39:55,026 --> 00:39:56,426
into the private corner
of the world
826
00:39:56,428 --> 00:39:58,661
James Polesky calls home
827
00:39:58,663 --> 00:40:05,135
even if it is the dirt, bushes,
and rubble of Central Park.
828
00:40:05,137 --> 00:40:07,103
Thank you, Your Honors.
829
00:40:07,105 --> 00:40:09,572
Whether or not the state
is responsible
830
00:40:09,574 --> 00:40:10,840
for the homeless...
831
00:40:10,842 --> 00:40:12,842
Mr. Stone?
You don't think it is,
832
00:40:12,844 --> 00:40:15,445
What I think is not
at issue here.
833
00:40:15,447 --> 00:40:19,149
What is at issue is the scope
the Constitution affords.
834
00:40:19,151 --> 00:40:21,751
You don't think
it reaches Mr. Polesky?
835
00:40:21,753 --> 00:40:24,721
Balanced against
the People's interest
836
00:40:24,723 --> 00:40:28,024
in seeing a killer
put behind bars, no.
837
00:40:28,026 --> 00:40:29,559
Suppose it wasn't a knife
838
00:40:29,560 --> 00:40:31,093
found under that mattress,
Mr. Stone.
839
00:40:31,096 --> 00:40:35,698
Suppose it was Mr. Polesky's
personal diary.
840
00:40:35,700 --> 00:40:37,834
Should the police be allowed
841
00:40:37,836 --> 00:40:40,103
to invade
what is clearly private,
842
00:40:40,105 --> 00:40:43,139
or do only those
who can afford a home
843
00:40:43,141 --> 00:40:45,608
have the expectation of privacy?
844
00:40:45,610 --> 00:40:48,711
Mr. Justice Harlan wrote in his
concurring opinion on Katz
845
00:40:48,713 --> 00:40:51,581
that the expectation of privacy
must be one
846
00:40:51,583 --> 00:40:55,118
that society is prepared
to recognize as reasonable.
847
00:40:55,120 --> 00:40:58,521
And it's your position that
society would be unreasonable
848
00:40:58,523 --> 00:40:59,756
in allowing the defendant
849
00:40:59,758 --> 00:41:01,858
to call a dirty mattress
his home?
850
00:41:01,860 --> 00:41:04,561
One of the attributes
of private property
851
00:41:04,563 --> 00:41:06,596
is the right to exclude others.
852
00:41:06,598 --> 00:41:08,131
And Mr. Polesky cannot exclude
others from his home
853
00:41:08,133 --> 00:41:10,099
since his home is
by definition public property.
854
00:41:10,101 --> 00:41:12,669
Really, Councelor,
would it have been so difficult
855
00:41:12,671 --> 00:41:14,537
for the police
to obtain a warrant?
856
00:41:14,539 --> 00:41:17,240
GREEN:
Thank you,
Mr. Stone.
857
00:41:21,913 --> 00:41:23,213
No, I can't say
858
00:41:23,215 --> 00:41:25,849
that I'm at all surprised
by the decision.
859
00:41:25,851 --> 00:41:28,551
Mr. Ackerman, will your victory
affect the problem
of the homeless?
860
00:41:28,553 --> 00:41:29,686
Wait a second.
861
00:41:29,688 --> 00:41:31,554
This is not my victory.
862
00:41:31,556 --> 00:41:33,873
It is a victory
863
00:41:33,874 --> 00:41:36,191
for the Constitution
of the United States.
864
00:41:36,194 --> 00:41:37,560
The opinion is good.
865
00:41:37,562 --> 00:41:40,096
There was nothing
you could have done.
866
00:41:40,098 --> 00:41:42,832
The court was predisposed
against it.
867
00:41:42,834 --> 00:41:45,235
Still, we got
a three-two decision.
868
00:41:45,237 --> 00:41:47,837
I thought the Constitution
was supposed protect society.
869
00:41:47,839 --> 00:41:50,673
And the rights of individuals;
sometimes they clash.
870
00:41:50,675 --> 00:41:53,676
It's a sad commentary, isn't it?
It's as if the court is saying
871
00:41:53,678 --> 00:41:55,512
you have a right
to a wretched existence.
872
00:41:55,514 --> 00:41:57,180
What are you going to do?
873
00:41:57,182 --> 00:41:58,781
We could appeal
to Albany, but...
874
00:41:58,783 --> 00:42:00,550
What about a retrial?
875
00:42:00,552 --> 00:42:02,819
Without the murder weapon,
we ain't got a prayer.
876
00:42:02,821 --> 00:42:04,554
We still have the ring.
877
00:42:04,556 --> 00:42:06,656
O'Malley excluded it,
remember?
878
00:42:06,658 --> 00:42:08,224
I know, and he's
still wrong about it.
879
00:42:08,226 --> 00:42:10,126
Polesky has no standing
880
00:42:10,128 --> 00:42:12,295
to challenge the warrant
??seizure of the parka.
881
00:42:12,297 --> 00:42:15,565
I cannot believe how O'Malley
have been so out to lunch?
882
00:42:15,567 --> 00:42:18,234
You think you can engineer
a change of heart?
883
00:42:18,236 --> 00:42:19,769
If not mind.
884
00:42:19,771 --> 00:42:20,737
I'll handle it.
885
00:42:20,739 --> 00:42:21,838
New trial.
886
00:42:21,840 --> 00:42:23,239
Lemonhead testifies
887
00:42:23,241 --> 00:42:25,875
that he got the ring
from Polesky and...
888
00:42:25,877 --> 00:42:27,744
It's circumstantial,
but it should be enough.
889
00:42:27,746 --> 00:42:30,179
If we find Lemonhead.
890
00:42:36,988 --> 00:42:40,723
( man mumbling )
891
00:42:41,726 --> 00:42:46,963
( mumbling )
892
00:42:46,965 --> 00:42:49,699
FBI.
893
00:42:49,701 --> 00:42:51,234
CIA.
894
00:42:51,236 --> 00:42:55,004
MAN:
Yesterday he was screaming
for his lawyer.
895
00:42:55,006 --> 00:42:57,640
Something
about habeas corpus.
896
00:42:57,642 --> 00:42:58,908
What the hell is that?
897
00:42:58,910 --> 00:43:01,978
It means you can't hold him
against his will.
898
00:43:01,980 --> 00:43:05,949
Every nut case
has his day in court,
I guess.
899
00:43:05,951 --> 00:43:08,284
I guess.
900
00:43:08,286 --> 00:43:11,287
ROBINETTE:
I doubt he even knows
his own name.
901
00:43:11,289 --> 00:43:13,756
No way we can
put him on the stand.
902
00:43:13,758 --> 00:43:15,592
He was competent the first time.
903
00:43:15,594 --> 00:43:16,960
I saw him, Ben.
904
00:43:16,962 --> 00:43:19,262
Believe me, it's over.
905
00:43:19,264 --> 00:43:22,932
Maybe Olivet
can snap him out of it.
906
00:43:24,369 --> 00:43:26,736
You got my message?
907
00:43:26,738 --> 00:43:27,837
Yes.
908
00:43:27,839 --> 00:43:29,238
You saw Lemonhead?
909
00:43:29,240 --> 00:43:30,907
I saw Christian Tatum.
910
00:43:30,909 --> 00:43:32,241
We didn't...
911
00:43:32,243 --> 00:43:34,978
It wasn't much
of a conversation.
912
00:43:34,980 --> 00:43:37,714
I know the man's in trouble...
913
00:43:37,716 --> 00:43:39,382
The man's on anti-psychotics,
did you know that?
914
00:43:39,384 --> 00:43:42,785
Which leaves him nauseous,
listing to one side
915
00:43:42,787 --> 00:43:44,988
and in danger of choking
to death on his own tongue.
916
00:43:44,990 --> 00:43:47,991
I feel sorry
for Mr. Tatum's condition,
917
00:43:47,993 --> 00:43:51,394
but his testimony is crucial,
and what I need to know from you
918
00:43:51,396 --> 00:43:53,363
is, will he be able
to take the stand
919
00:43:53,365 --> 00:43:54,831
for just a few minutes?
920
00:43:54,833 --> 00:43:57,634
Will he be able
to say a simple yes or no?
921
00:43:57,636 --> 00:43:59,953
Nothing is that simple.
922
00:43:59,954 --> 00:44:02,271
Last time he was in the court,
he was terrified of James,
923
00:44:02,273 --> 00:44:04,007
and you pushed him
into taking the stand.
924
00:44:04,009 --> 00:44:05,808
Now wait a minute. I pushed him
into telling the truth
925
00:44:05,810 --> 00:44:08,411
in a murder trial
in which he entered
into a plea bargain.
926
00:44:08,413 --> 00:44:10,079
He may be
on some other planet, Ben,
927
00:44:10,081 --> 00:44:11,814
but the guy's hurting,
928
00:44:11,816 --> 00:44:14,283
and I don't think
he can survive
another circus.
929
00:44:17,355 --> 00:44:20,323
You asked for my opinion.
930
00:44:22,961 --> 00:44:25,028
I understand.
931
00:44:28,967 --> 00:44:31,701
Did you read the People's
bench memo, Your Honor?
932
00:44:31,703 --> 00:44:32,969
I did.
933
00:44:32,971 --> 00:44:35,472
And?
934
00:44:35,473 --> 00:44:37,974
You're right. I was in error
in excluding the ring.
935
00:44:37,976 --> 00:44:40,376
Getting back to the
issue at hand, Judge,
936
00:44:40,378 --> 00:44:42,945
the Sixth Amendment
guarantees my client
937
00:44:42,947 --> 00:44:46,382
the right to confront
all witnesses against him.
938
00:44:46,384 --> 00:44:47,850
Mr. Stone?
939
00:44:47,852 --> 00:44:50,853
"Testimony given by a witness
at a prior trial
940
00:44:50,855 --> 00:44:52,855
"may be received into evidence
941
00:44:52,857 --> 00:44:54,957
"when the witness
is unable to attend
942
00:44:54,959 --> 00:44:57,894
by reason of death,
illness or incapacity."
943
00:44:57,896 --> 00:44:59,429
C.P.L., Article 670.
944
00:44:59,431 --> 00:45:01,097
And your witness
is incapacitated?
945
00:45:01,099 --> 00:45:04,867
He's institutionalized,
Your Honor.
946
00:45:04,869 --> 00:45:06,869
He's psychotic.
947
00:45:06,870 --> 00:45:08,870
His testimony in court
was practically hallucinatory.
948
00:45:08,873 --> 00:45:11,374
He was competent then
and as you recall,
949
00:45:11,376 --> 00:45:14,410
Mr. Scoler made no objection
to his testifying at the time.
950
00:45:14,412 --> 00:45:16,713
I'm going to grant
Mr. Stone's motion.
951
00:45:16,715 --> 00:45:18,748
Mr. Tatum's prior testimony
952
00:45:18,750 --> 00:45:20,149
will be read
into evidence.
953
00:45:20,151 --> 00:45:22,018
Your objection
954
00:45:22,019 --> 00:45:23,886
is duly noted for
the record, Mr. Scoler.
955
00:45:23,888 --> 00:45:25,988
Feel free to have another go
with the five wise men uptown
956
00:45:25,990 --> 00:45:28,024
if you like.
957
00:45:28,026 --> 00:45:31,060
I'm thinking... man two.
958
00:45:31,062 --> 00:45:33,362
I'm thinking murder two.
959
00:45:33,364 --> 00:45:34,931
He gets 25 to life.
960
00:45:34,933 --> 00:45:36,065
I'll appeal.
961
00:45:36,067 --> 00:45:37,834
We'll start over.
962
00:45:37,836 --> 00:45:39,068
I'll be here.
963
00:45:40,371 --> 00:45:41,904
Manslaughter one.
964
00:45:41,906 --> 00:45:45,141
All right,
but Mr. Polesky does the max.
965
00:45:45,143 --> 00:45:47,076
My client
won't be very happy,
966
00:45:47,078 --> 00:45:49,846
but at least he'll have
a roof over his head
967
00:45:49,848 --> 00:45:51,347
for the next 25 years.
968
00:45:51,349 --> 00:45:54,517
So does Lemonhead--
a rubber cell at Bellevue.
969
00:45:54,519 --> 00:45:56,486
And then
there's Nathan Robbins.
970
00:45:56,488 --> 00:45:58,121
He's got six feet of dirt
over his head.
971
00:45:58,123 --> 00:46:01,023
So what's happy
got to do with it?
972
00:46:05,930 --> 00:46:10,166
Captioning sponsore by
NBC/UNIVERSAL
973
00:46:10,168 --> 00:46:14,403
Captioned by
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