1 00:00:00,668 --> 00:00:03,202 In the criminal justice system, 2 00:00:03,204 --> 00:00:04,887 the people are represented 3 00:00:04,888 --> 00:00:06,571 by two separate yet equally important groups: 4 00:00:06,574 --> 00:00:08,474 the police, who investigate crime 5 00:00:08,476 --> 00:00:11,377 and the district attorneys, who prosecute the offenders. 6 00:00:11,379 --> 00:00:15,314 These are their stories. 7 00:00:15,316 --> 00:00:18,083 Mrs. Schwinger on the fourth floor's 8 00:00:18,085 --> 00:00:20,219 been complaining three times a day. 9 00:00:20,221 --> 00:00:21,387 So it's slow. 10 00:00:21,389 --> 00:00:23,055 What's her rush, anyway? 11 00:00:23,057 --> 00:00:25,024 It's not the controls. 12 00:00:25,026 --> 00:00:26,025 Gears? 13 00:00:26,027 --> 00:00:27,259 Or the brakes jamming. 14 00:00:27,261 --> 00:00:28,794 It's probably kids. 15 00:00:28,796 --> 00:00:31,163 Bozos call it elevator surfing. 16 00:00:31,165 --> 00:00:34,166 Ride the tops, jump from one to the other. 17 00:00:34,168 --> 00:00:36,168 Give me a flashlight, will you? 18 00:00:36,170 --> 00:00:38,170 I just don't want any lawsuits. 19 00:00:38,172 --> 00:00:40,105 I been here 12 years. 20 00:00:40,107 --> 00:00:41,340 Never opened. 21 00:00:41,342 --> 00:00:45,210 Going to have to take it down to the basement. 22 00:00:45,212 --> 00:00:47,046 Lower it slow. 23 00:00:49,216 --> 00:00:50,516 You Local 196? 24 00:00:50,518 --> 00:00:52,351 Wouldn't work if I wasn't. 25 00:00:52,353 --> 00:00:54,620 My brother-in-law, 20 years of dues. 26 00:00:54,622 --> 00:00:56,822 Now he's in St. Thomas... 27 00:00:56,824 --> 00:00:59,058 Oh, my God. 28 00:00:59,060 --> 00:01:01,093 Stop the damn thing. 29 00:01:07,568 --> 00:01:09,134 This is preliminary. 30 00:01:09,136 --> 00:01:10,469 CERRETA: We're listening. 31 00:01:10,471 --> 00:01:12,071 Death by strangulation. 32 00:01:12,073 --> 00:01:13,338 Looks like a wire. 33 00:01:13,340 --> 00:01:16,341 Premortem cuts and abrasions on the face. 34 00:01:16,343 --> 00:01:17,476 She fought back. 35 00:01:17,478 --> 00:01:18,844 I bagged her hands 36 00:01:18,846 --> 00:01:21,246 in case there's anything under her nails. 37 00:01:21,248 --> 00:01:23,182 She's partially out of rigor. 38 00:01:23,184 --> 00:01:25,284 She's been dead 24 to 36 hours. 39 00:01:25,286 --> 00:01:26,485 Monday night. 40 00:01:26,487 --> 00:01:28,854 Mr. Hellman, 41 00:01:28,856 --> 00:01:31,156 have you ever seen her before? 42 00:01:31,158 --> 00:01:33,358 Yeah. Judy Bream, 3B. 43 00:01:33,360 --> 00:01:35,160 She live alone? 44 00:01:35,162 --> 00:01:36,161 Yeah. Alone. 45 00:01:36,163 --> 00:01:37,563 you do-- Here's what 46 00:01:37,565 --> 00:01:40,499 first, let those men into Judy's apartment 47 00:01:40,501 --> 00:01:43,502 then later I'll have some questions for you. 48 00:01:43,504 --> 00:01:45,537 Does this sound familiar? 49 00:01:45,539 --> 00:01:48,173 Young woman, nude, strangled with wire 50 00:01:48,175 --> 00:01:51,643 duct tape on her face, body tossed like garbage. 51 00:01:51,645 --> 00:01:54,246 East River Park, six months ago. 52 00:01:54,248 --> 00:01:55,581 Same guy? 53 00:01:55,583 --> 00:01:57,116 Could be. 54 00:01:57,118 --> 00:02:00,152 That would be number two in a series of... 55 00:02:00,154 --> 00:02:04,156 Well, it depends on how late in his game we're coming in. 56 00:02:33,621 --> 00:02:37,556 Captioning sponsored by NBC/UNIVERSAL 57 00:03:37,985 --> 00:03:40,586 She was a grad student at Columbia. 58 00:03:40,588 --> 00:03:42,988 Some kind of ancient history, I think. 59 00:03:42,990 --> 00:03:45,958 Moved in about a year and a half ago. 60 00:03:45,960 --> 00:03:47,693 Family lives in Hartford. 61 00:03:47,695 --> 00:03:49,561 Old man cosigned the lease. 62 00:03:49,563 --> 00:03:51,496 What kind of tenant was she? 63 00:03:51,498 --> 00:03:52,497 A doll. 64 00:03:52,499 --> 00:03:54,633 If they were all like her... 65 00:03:54,635 --> 00:03:56,235 What about boyfriends? 66 00:03:56,237 --> 00:03:57,636 I don't keep track. 67 00:03:57,638 --> 00:03:59,705 Anyway, when you're young and beautiful, 68 00:03:59,707 --> 00:04:01,640 who wants to be alone? 69 00:04:01,642 --> 00:04:03,008 Tell me about this building, okay? 70 00:04:03,010 --> 00:04:05,744 Anybody hanging around who didn't belong? 71 00:04:05,746 --> 00:04:07,479 On the Upper West Side? 72 00:04:07,481 --> 00:04:08,747 You want them all 73 00:04:08,749 --> 00:04:12,584 or just the ones that talk to themselves? 74 00:04:12,586 --> 00:04:14,519 No sign of forcible entry. 75 00:04:14,521 --> 00:04:17,522 Must have been somebody she knew or expected. 76 00:04:17,524 --> 00:04:19,591 There's nothing about it in here. 77 00:04:19,593 --> 00:04:23,528 This whole week's marked off as being in Connecticut. 78 00:04:23,530 --> 00:04:25,597 Her folks live in Hartford. 79 00:04:25,599 --> 00:04:27,399 Last couple of months 80 00:04:27,401 --> 00:04:31,003 two doctor's visits, a paper, three exams 81 00:04:31,005 --> 00:04:33,672 one potluck dinner. 82 00:04:33,674 --> 00:04:36,675 Found it on the floor near the bed. 83 00:04:36,677 --> 00:04:39,044 Wrapper for a Polaroid cartridge. 84 00:04:39,046 --> 00:04:40,479 She have a camera? 85 00:04:40,481 --> 00:04:41,947 Didn't find one. 86 00:04:41,948 --> 00:04:43,414 Think our boy's a shutterbug? 87 00:04:43,417 --> 00:04:44,549 Some are. 88 00:04:44,551 --> 00:04:47,286 Helps them to remember the good times. 89 00:04:50,691 --> 00:04:52,991 Let's hope this is a coincidence. 90 00:04:52,993 --> 00:04:54,559 I don't think so. 91 00:04:54,561 --> 00:04:57,696 We turned up a third vic three months ago in Queens. 92 00:04:57,698 --> 00:05:02,301 All three taped, strangled, tossed. 93 00:05:02,303 --> 00:05:03,302 Rape? 94 00:05:03,304 --> 00:05:04,803 No evidence of penetration. 95 00:05:04,805 --> 00:05:06,571 Three kills in six months. 96 00:05:06,573 --> 00:05:08,740 Slow but consistent. 97 00:05:08,742 --> 00:05:10,042 Oh, man. 98 00:05:11,445 --> 00:05:13,929 All right. 99 00:05:13,930 --> 00:05:16,414 Nothing to encourage this guy to pick up the pace. 100 00:05:16,417 --> 00:05:17,582 No press. 101 00:05:17,584 --> 00:05:19,084 I want to keep this off the books. 102 00:05:19,085 --> 00:05:20,585 Anything you need, you come directly to me. 103 00:05:20,587 --> 00:05:23,588 Did he leave us anything at all to go on? 104 00:05:23,590 --> 00:05:25,590 Autopsy report... 105 00:05:25,592 --> 00:05:28,093 says digestion on her stomach contents 106 00:05:28,095 --> 00:05:29,661 puts the time of death 107 00:05:29,663 --> 00:05:32,664 between 7:00 and 8:00 Monday night. 108 00:05:32,666 --> 00:05:34,833 Other than that, we got nada. 109 00:05:34,835 --> 00:05:37,102 No prints, no fluids, no hairs. 110 00:05:37,104 --> 00:05:39,104 Regular angel of death. 111 00:05:39,106 --> 00:05:40,672 The last one-- Judy Bream-- 112 00:05:40,674 --> 00:05:42,607 he tossed down the elevator shaft. 113 00:05:42,609 --> 00:05:44,042 And? 114 00:05:44,044 --> 00:05:45,610 You need a special key. 115 00:05:45,612 --> 00:05:48,580 Elevator repairmen, firemen, electricians. 116 00:05:48,582 --> 00:05:50,482 Great. So, that narrows it down to, what? 117 00:05:50,484 --> 00:05:52,034 About 100,000 suspects? 118 00:05:52,035 --> 00:05:53,585 Hey, the guys in Brooklyn were lucky, huh? 119 00:05:53,587 --> 00:05:55,721 They got the Son of Sam on parking tickets. 120 00:05:55,723 --> 00:05:58,623 Yeah. Six months and six bodies later. 121 00:05:58,625 --> 00:06:00,092 ( phone buzzes ) 122 00:06:00,094 --> 00:06:01,560 What? 123 00:06:02,696 --> 00:06:03,695 Yeah. 124 00:06:03,697 --> 00:06:04,763 Thanks. 125 00:06:06,667 --> 00:06:09,101 The Breams are outside. 126 00:06:09,103 --> 00:06:11,570 You want to do it in here? 127 00:06:11,572 --> 00:06:12,637 No. 128 00:06:12,639 --> 00:06:14,706 Let's take an interrogation room. 129 00:06:23,450 --> 00:06:25,517 I told her she'd be safer 130 00:06:25,519 --> 00:06:28,553 in one of the university residences, 131 00:06:28,555 --> 00:06:29,788 but, uh... 132 00:06:29,790 --> 00:06:31,556 she knew better. 133 00:06:31,558 --> 00:06:33,825 Had to have her own place. 134 00:06:33,827 --> 00:06:35,660 ( sighs ) 135 00:06:35,662 --> 00:06:38,530 Judy was never afraid of anything 136 00:06:38,532 --> 00:06:40,866 not even as a child. 137 00:06:42,669 --> 00:06:47,672 We know that Judy was supposed to spend the week with you. 138 00:06:47,674 --> 00:06:50,809 Was there any reason that those plans were changed? 139 00:06:50,811 --> 00:06:54,880 She got a call Sunday afternoon up at our house-- 140 00:06:54,882 --> 00:06:59,918 someone connected with the building. 141 00:06:59,920 --> 00:07:02,554 MRS. BREAM: I heard... 142 00:07:02,556 --> 00:07:05,557 I heard her call him Mr. Cook. 143 00:07:05,559 --> 00:07:08,593 Um... some work had to be done. 144 00:07:08,595 --> 00:07:11,496 Do you know what kind of work? 145 00:07:12,566 --> 00:07:13,932 No. 146 00:07:13,934 --> 00:07:15,567 Something electrical. 147 00:07:16,670 --> 00:07:18,804 With the wiring. 148 00:07:18,806 --> 00:07:20,605 They... 149 00:07:20,607 --> 00:07:22,507 ( sobbing ) 150 00:07:27,181 --> 00:07:30,615 They had to move the furniture. 151 00:07:30,617 --> 00:07:33,718 At least that's what Judy said. 152 00:07:36,523 --> 00:07:38,590 Would Judy have told the building manager 153 00:07:38,592 --> 00:07:39,891 how to reach her up in Connecticut? 154 00:07:39,893 --> 00:07:41,660 MR. BREAM: No. She didn't have to. 155 00:07:41,662 --> 00:07:43,895 Her calls were forwarded. 156 00:07:43,897 --> 00:07:46,731 Her phone, was it...? 157 00:07:46,733 --> 00:07:48,600 Was it listed? 158 00:07:49,937 --> 00:07:51,203 No. 159 00:07:52,639 --> 00:07:54,873 I thought it would be safer. 160 00:07:54,875 --> 00:07:56,875 ( Mrs. Bream sobbing softly ) 161 00:07:56,877 --> 00:07:59,010 All three were killed in their apartments. 162 00:07:59,012 --> 00:08:01,913 But the first two were dumped at least half mile away, 163 00:08:01,915 --> 00:08:04,182 while Judy Bream was left in her building. 164 00:08:04,184 --> 00:08:05,183 Why? 165 00:08:05,185 --> 00:08:06,418 He's in a rush. 166 00:08:06,419 --> 00:08:07,652 Couldn't get her out of the building. 167 00:08:07,654 --> 00:08:09,121 It doesn't make sense. 168 00:08:09,122 --> 00:08:10,589 It would be easier to leave them in their apartments. 169 00:08:10,591 --> 00:08:11,590 He does it, Phil. 170 00:08:11,592 --> 00:08:12,757 It's got to mean something, Phil. 171 00:08:12,759 --> 00:08:15,694 What? Power? Degradation? 172 00:08:15,696 --> 00:08:16,695 A sense of finality? 173 00:08:16,697 --> 00:08:17,696 Okay, thanks. 174 00:08:17,698 --> 00:08:18,964 If this guy knew these girls, 175 00:08:18,966 --> 00:08:21,633 it wasn't because he changed their fuses. 176 00:08:21,635 --> 00:08:23,535 Their buildings were serviced 177 00:08:23,537 --> 00:08:25,770 by three different electrical contractors. 178 00:08:25,772 --> 00:08:27,772 There's got to be a connection. 179 00:08:27,774 --> 00:08:29,641 He picks these girls. 180 00:08:29,643 --> 00:08:30,775 Volunteer work-- 181 00:08:30,777 --> 00:08:32,911 Judy Bream did three hours a week 182 00:08:32,913 --> 00:08:35,247 at the Stuart Counseling Center in the Bronx. 183 00:08:35,249 --> 00:08:38,216 Debra Beckett did United Way every Christmas. 184 00:08:38,218 --> 00:08:41,052 A couple of times a year at a soup kitchen. 185 00:08:41,054 --> 00:08:43,522 Sandy Markham, no charity work. 186 00:08:43,524 --> 00:08:44,623 Lots of political. 187 00:08:44,625 --> 00:08:47,659 Canvassed for Senator Peppino in '90. 188 00:08:47,661 --> 00:08:50,762 Registered "not interested." 189 00:08:50,764 --> 00:08:52,864 State politics in Connecticut. 190 00:08:52,866 --> 00:08:55,534 Sport club membership, Columbia athletic. 191 00:08:55,536 --> 00:08:56,668 Racquetball every day. 192 00:08:56,670 --> 00:08:59,738 Mine goes to the Downtown Y. 193 00:08:59,740 --> 00:09:01,306 Not a jock. 194 00:09:01,308 --> 00:09:02,941 Repeated visits 195 00:09:02,943 --> 00:09:05,744 to Dr. Phillip Banks, OB-GYN. 196 00:09:05,746 --> 00:09:06,811 Who? 197 00:09:06,813 --> 00:09:08,680 Phillip Banks. 198 00:09:08,682 --> 00:09:11,016 You got, uh... 199 00:09:11,018 --> 00:09:13,051 you got Bream's 200 00:09:13,053 --> 00:09:14,819 appointment book? 201 00:09:19,560 --> 00:09:21,626 She was seeing a doctor. 202 00:09:23,931 --> 00:09:25,664 In November. 203 00:09:26,833 --> 00:09:30,936 November 24, Dr. P. Banks, 9:00 A.M. 204 00:09:30,938 --> 00:09:32,604 What about your Queens lady? 205 00:09:37,711 --> 00:09:39,311 He... Crap. 206 00:09:39,313 --> 00:09:41,046 It's not a match. 207 00:09:41,048 --> 00:09:44,349 Dr. Charles Cohen, Forest Hills. 208 00:09:44,351 --> 00:09:46,985 Still, we got two out of three. 209 00:09:48,589 --> 00:09:50,589 It's worth a look. 210 00:09:52,726 --> 00:09:54,793 Well, Marcus Welby he's not. 211 00:09:54,795 --> 00:09:57,596 One assault charge three years ago. 212 00:09:57,598 --> 00:09:59,731 He pleaded down to a misdemeanor. 213 00:09:59,733 --> 00:10:01,833 Complainant was his ex-wife. Dig this. 214 00:10:01,835 --> 00:10:05,704 Broke her jaw during a marriage counseling session. 215 00:10:05,706 --> 00:10:08,673 This man is a lover and a fighter. 216 00:10:08,675 --> 00:10:10,075 The AMA has received 217 00:10:10,077 --> 00:10:12,377 over a dozen complaints against Banks. 218 00:10:12,379 --> 00:10:15,013 Former patients, their husbands-- 219 00:10:15,015 --> 00:10:16,381 the doc likes to play around 220 00:10:16,382 --> 00:10:17,748 while his patients are in the stirrups. 221 00:10:17,751 --> 00:10:19,017 He still has a license? 222 00:10:19,019 --> 00:10:20,085 Protect thine own. 223 00:10:20,087 --> 00:10:23,154 The AMA refused to pursue. 224 00:10:27,861 --> 00:10:30,862 I just know what I read in the papers. 225 00:10:30,864 --> 00:10:32,998 The city's going straight to hell. 226 00:10:33,000 --> 00:10:35,367 She'd been your patient for long? 227 00:10:35,369 --> 00:10:37,335 First appointment was, uh, February. 228 00:10:37,337 --> 00:10:38,637 Routine pelvic. 229 00:10:38,639 --> 00:10:40,338 You ever ask her out? 230 00:10:40,340 --> 00:10:42,774 CERRETA: Debra Beckett-- 231 00:10:42,776 --> 00:10:44,643 she was your patient, too, right? 232 00:10:44,645 --> 00:10:46,678 What the hell are you getting at? 233 00:10:46,680 --> 00:10:48,547 Two of your patients 234 00:10:48,548 --> 00:10:50,415 have been murdered in the last three months. 235 00:10:51,852 --> 00:10:54,919 CERRETA: Did you ever examine Sandy Markham? 236 00:10:54,921 --> 00:10:56,121 No. 237 00:10:56,123 --> 00:10:57,789 Do you mind if we check your records? 238 00:10:57,791 --> 00:10:59,924 Sure, be my guest. My nurse will help you. 239 00:10:59,926 --> 00:11:01,843 Thanks. By the way, 240 00:11:01,844 --> 00:11:03,761 did you happen to have a date last Monday night? 241 00:11:03,764 --> 00:11:04,863 Yes. 242 00:11:04,865 --> 00:11:07,866 Emily Feist, nine pounds, three ounces. 243 00:11:07,868 --> 00:11:12,737 Born Monday, 7:16 P.M., after three hours of labor. 244 00:11:12,739 --> 00:11:14,072 Yeah. 245 00:11:14,074 --> 00:11:16,941 What do you got? 246 00:11:16,943 --> 00:11:19,044 Okay. Thanks a lot. 247 00:11:19,046 --> 00:11:22,147 Hospital has him signing in at 4:16, 248 00:11:22,149 --> 00:11:24,149 signing out at ten to 8:00. 249 00:11:24,151 --> 00:11:26,918 It would take him at least 20 minutes 250 00:11:26,920 --> 00:11:28,920 to get to Judy Bream's place. 251 00:11:28,922 --> 00:11:32,090 The M.E. puts the time of death between 7:00 and 8:00. 252 00:11:32,092 --> 00:11:34,959 But M.E.'s have been known to be off by an hour or so. 253 00:11:34,961 --> 00:11:36,928 We still have to connect Sandy Markham. 254 00:11:36,930 --> 00:11:38,096 She never saw Dr. Banks. 255 00:11:38,098 --> 00:11:40,132 Maybe he's lying. 256 00:11:40,133 --> 00:11:42,167 Maybe she did see him under a different name. 257 00:11:42,169 --> 00:11:45,203 Let's go talk to Dr. Cohen. 258 00:11:46,773 --> 00:11:49,241 No. 259 00:11:49,242 --> 00:11:51,710 Sandy Markham was referred by Dr. Rosen on Park Avenue. 260 00:11:51,712 --> 00:11:54,079 Had she ever been treated by Dr. Banks? 261 00:11:55,182 --> 00:11:57,082 We can get a subpoena. 262 00:11:57,084 --> 00:11:58,183 If she had been, 263 00:11:58,185 --> 00:12:00,919 I think she would have told me. 264 00:12:00,921 --> 00:12:02,487 Why? 265 00:12:04,725 --> 00:12:06,091 He's a disgrace. 266 00:12:06,093 --> 00:12:09,194 I wouldn't send my schnauzer to see Phillip Banks. 267 00:12:09,196 --> 00:12:11,463 You don't like his bedside manner? 268 00:12:11,465 --> 00:12:13,131 The guy's a walking lawsuit. 269 00:12:13,133 --> 00:12:14,132 Malpractice? 270 00:12:14,134 --> 00:12:15,934 Now he's branching out. 271 00:12:15,936 --> 00:12:18,837 My bookkeeper tells they're after him for insurance fraud. 272 00:12:18,839 --> 00:12:21,139 You and Banks have the same bookkeeper? 273 00:12:21,141 --> 00:12:24,476 Yes. 274 00:12:25,746 --> 00:12:28,279 You mind giving us his name? 275 00:12:28,281 --> 00:12:30,749 Albert Lawrence Cheney. 276 00:12:30,751 --> 00:12:32,751 Spent five years in Attica. 277 00:12:32,753 --> 00:12:34,152 Cheating on his taxes? 278 00:12:34,154 --> 00:12:37,889 He got Man Two, paroled in '89... 279 00:12:37,891 --> 00:12:40,959 He killed a girl in Queens. 280 00:12:40,961 --> 00:12:42,794 Strangulation? Tape? 281 00:12:44,030 --> 00:12:46,264 Rest of the file will be in tomorrow. 282 00:12:46,266 --> 00:12:48,183 You want to wait? 283 00:12:48,184 --> 00:12:50,101 Not on your life. Risk losing another one? No. 284 00:12:53,273 --> 00:12:54,272 Hello? 285 00:12:54,274 --> 00:12:55,273 Hello. 286 00:12:55,275 --> 00:12:57,275 Does Albert Cheney live here? 287 00:12:57,277 --> 00:12:58,309 Yes. 288 00:12:58,311 --> 00:13:00,145 Is he here 289 00:13:00,147 --> 00:13:02,514 because we'd like to talk to him. 290 00:13:02,516 --> 00:13:03,515 I'm Mrs. Cheney. 291 00:13:03,517 --> 00:13:05,116 Is there a problem? 292 00:13:05,118 --> 00:13:06,885 No, it's not a problem. 293 00:13:06,887 --> 00:13:08,553 Just want to talk to him. 294 00:13:08,555 --> 00:13:10,121 He's in the other room. 295 00:13:10,123 --> 00:13:11,089 He's busy working. 296 00:13:11,091 --> 00:13:12,257 Excuse me. 297 00:13:12,259 --> 00:13:15,293 Are you Albert Lawrence Cheney? 298 00:13:17,030 --> 00:13:19,030 Yes. 299 00:13:19,032 --> 00:13:20,899 Do you mind if we talk? 300 00:13:20,901 --> 00:13:22,167 I'm in the middle... 301 00:13:22,169 --> 00:13:24,269 LOGAN: I think it will keep. 302 00:13:27,040 --> 00:13:31,009 Don't you think we'd be more comfortable at the station? 303 00:13:38,985 --> 00:13:41,019 Look, I'm not trying to outrun my past. 304 00:13:41,021 --> 00:13:42,453 I did the time. 305 00:13:42,455 --> 00:13:44,055 LOGAN: So you're rehabilitated. 306 00:13:44,057 --> 00:13:45,456 I didn't do the crime. 307 00:13:45,458 --> 00:13:46,991 CERRETA: Aren't you bitter 308 00:13:46,993 --> 00:13:50,094 having spent five years in Attica for something 309 00:13:50,096 --> 00:13:51,830 you didn't do? 310 00:13:51,832 --> 00:13:53,832 I'm at peace with it now. 311 00:13:53,834 --> 00:13:56,968 I was unlucky enough to be at the wrong place 312 00:13:56,970 --> 00:13:58,603 at the wrong time. 313 00:13:58,605 --> 00:13:59,971 My lawyer said 314 00:13:59,973 --> 00:14:02,006 the best thing was to deal. 315 00:14:02,008 --> 00:14:04,976 "Five was better than 15," he said. 316 00:14:04,978 --> 00:14:06,778 You work 317 00:14:06,779 --> 00:14:08,579 with Dr. Banks and Dr. Cohen. 318 00:14:08,582 --> 00:14:12,450 And Burton and Scarlon and Schuman. 319 00:14:12,452 --> 00:14:13,985 How long you been keeping books? 320 00:14:13,987 --> 00:14:15,453 Two years, since I got out. 321 00:14:15,455 --> 00:14:16,487 And before that? 322 00:14:16,489 --> 00:14:18,857 Master electrician. 323 00:14:18,859 --> 00:14:21,993 Manhattan Power doesn't like ex-cons. 324 00:14:21,995 --> 00:14:24,429 Last Monday night, you remember what you did? 325 00:14:24,431 --> 00:14:29,067 My wife and I went to dinner and a movie. 326 00:14:29,069 --> 00:14:32,537 It was an early show, 5:00. 327 00:14:35,008 --> 00:14:38,109 You know a woman named Judy Bream? 328 00:14:45,185 --> 00:14:48,052 Why? What happened to her? 329 00:14:48,054 --> 00:14:49,554 She was murdered. 330 00:14:52,158 --> 00:14:55,627 We had pizza at Julio's in Astoria. 331 00:14:55,629 --> 00:14:58,196 What time did you leave the restaurant? 332 00:14:58,198 --> 00:15:02,567 Around 8:00, although I'm not exactly certain. 333 00:15:02,569 --> 00:15:04,002 Where did you go? 334 00:15:04,004 --> 00:15:05,536 I drove Albert home. 335 00:15:05,538 --> 00:15:08,539 I went to work, the Post Office. night shift. 336 00:15:08,541 --> 00:15:10,541 I punched in at 9:00. 337 00:15:10,543 --> 00:15:12,543 Have you been married a long time? 338 00:15:12,545 --> 00:15:14,245 A year. 339 00:15:18,218 --> 00:15:22,987 Seven years ago, I saw his picture in the paper. 340 00:15:22,989 --> 00:15:25,924 He had such gentle eyes. 341 00:15:25,926 --> 00:15:28,927 I wrote him and he wrote me back. 342 00:15:28,929 --> 00:15:30,662 And when he was released? 343 00:15:30,664 --> 00:15:34,132 He joined our church group, St. Eligius Baptist. 344 00:15:34,134 --> 00:15:37,702 He's a good man, Detective. 345 00:15:37,704 --> 00:15:39,070 Phil. 346 00:15:44,077 --> 00:15:46,611 It was in the bottom drawer. 347 00:15:46,613 --> 00:15:48,079 There's no film, 348 00:15:48,081 --> 00:15:51,115 but it's the same type to fit the wrapper we found. 349 00:15:51,117 --> 00:15:53,184 My son has the same one. 350 00:15:53,186 --> 00:15:55,019 Look at this. 351 00:15:58,224 --> 00:15:59,657 Duct tape. 352 00:16:01,661 --> 00:16:04,095 Your son got one of these-- 353 00:16:04,097 --> 00:16:07,732 a Manhattan Power Company employee I.D.? 354 00:16:07,734 --> 00:16:10,969 Expires June, 1985. 355 00:16:10,971 --> 00:16:14,072 Think Albert kept it as a souvenir? 356 00:16:21,214 --> 00:16:22,680 The fibers from his washer-dryer-- 357 00:16:22,682 --> 00:16:24,349 beige with a wool/acrylic weave-- 358 00:16:24,350 --> 00:16:26,017 matched the carpeting in Judy Bream's apartment. 359 00:16:26,019 --> 00:16:29,020 Must have been on Cheney's clothes 360 00:16:29,022 --> 00:16:30,288 when he washed them. 361 00:16:30,290 --> 00:16:31,689 Puts him at the scene. 362 00:16:31,691 --> 00:16:34,258 Or in my apartment or 10,000 others. 363 00:16:34,260 --> 00:16:35,693 It's not what you'd call unique. 364 00:16:35,695 --> 00:16:38,262 Had better luck with the duct tape. 365 00:16:38,264 --> 00:16:40,164 The roll from Cheney's apartment, 366 00:16:40,166 --> 00:16:42,233 same as the tape recovered from the body. 367 00:16:42,235 --> 00:16:44,235 We pieced together the tape on the roll 368 00:16:44,237 --> 00:16:46,404 with the tape on the girl. 369 00:16:46,405 --> 00:16:48,572 The tears at the end were ragged enough to make a match. 370 00:16:48,575 --> 00:16:52,276 So, please tell me this is conclusive. 371 00:16:52,278 --> 00:16:53,277 Probable. 372 00:16:53,279 --> 00:16:54,312 Sorry. 373 00:16:54,314 --> 00:16:56,214 CRAGEN: Duct tape 374 00:16:56,216 --> 00:17:00,018 carpet fibers, I.D. card, prior conviction-- 375 00:17:00,020 --> 00:17:01,619 it adds up, Paul. 376 00:17:01,621 --> 00:17:03,054 To a weak indictment. 377 00:17:03,056 --> 00:17:05,023 The prior bad act is inadmissible, 378 00:17:05,025 --> 00:17:06,758 the rest, circumstantial. 379 00:17:06,760 --> 00:17:07,759 What about Cheney's phone? 380 00:17:07,761 --> 00:17:09,293 Brick wall-- the LUD's show 381 00:17:09,295 --> 00:17:11,696 no telephone calls to any of the victims. 382 00:17:11,698 --> 00:17:13,331 Alibi? 383 00:17:13,333 --> 00:17:15,733 His wife punched in to work at 9:00. 384 00:17:15,735 --> 00:17:18,669 Before that, nobody remembers him at the movies or restaurant. 385 00:17:18,671 --> 00:17:20,705 An alibi that can't be verified. 386 00:17:20,707 --> 00:17:22,724 Or refuted. 387 00:17:22,725 --> 00:17:24,742 It's possible we're wrong about Cheney. 388 00:17:24,744 --> 00:17:26,044 Guilty people call their lawyers-- he hasn't. 389 00:17:26,046 --> 00:17:28,046 And innocent people kick and scream. 390 00:17:28,048 --> 00:17:29,380 I haven't seen him do that either. 391 00:17:29,382 --> 00:17:32,116 You guys want to indict him 392 00:17:32,118 --> 00:17:34,052 then have it just die? 393 00:17:34,054 --> 00:17:35,653 Fine. 394 00:17:38,725 --> 00:17:41,092 Get Cheney into interrogation. 395 00:17:47,067 --> 00:17:48,466 Look at it, Albert. 396 00:17:48,468 --> 00:17:50,134 You're the only one. 397 00:17:50,136 --> 00:17:52,437 No one else appears here three times. 398 00:17:52,439 --> 00:17:54,272 You want to explain that to me? 399 00:17:54,274 --> 00:17:55,273 It's a fluke. 400 00:17:55,275 --> 00:17:56,741 Fine. 401 00:17:56,743 --> 00:18:00,244 Maybe you can help me because we're a little stumped. 402 00:18:00,246 --> 00:18:03,748 Who else has total access to these women's lives? 403 00:18:03,750 --> 00:18:06,751 You look at their files every day. 404 00:18:06,753 --> 00:18:09,787 You look at their charts, their billing statements. 405 00:18:09,789 --> 00:18:11,789 Do the doctors you work for, 406 00:18:11,791 --> 00:18:13,658 do they know you snoop through patients' files? 407 00:18:13,660 --> 00:18:15,226 I don't do that. 408 00:18:15,228 --> 00:18:17,128 I just do the accounting. 409 00:18:17,130 --> 00:18:18,763 Maybe so, Albert, maybe so, 410 00:18:18,765 --> 00:18:20,765 but we know you did Judy Bream. 411 00:18:20,767 --> 00:18:21,766 We know that. 412 00:18:21,768 --> 00:18:23,768 I never met those girls. 413 00:18:23,770 --> 00:18:25,703 I told you. 414 00:18:28,274 --> 00:18:30,108 Okay... 415 00:18:30,110 --> 00:18:32,110 You recognize this? 416 00:18:32,112 --> 00:18:35,279 It's a picture of your electrician's I.D. 417 00:18:35,281 --> 00:18:37,381 I worked there for five years. 418 00:18:37,383 --> 00:18:38,716 That was eight years ago. 419 00:18:38,718 --> 00:18:41,052 How come you kept it so long? 420 00:18:41,053 --> 00:18:43,387 We know how you got into those girls' apartments. 421 00:18:43,389 --> 00:18:45,790 We know all about your electrician's routine. 422 00:18:45,792 --> 00:18:47,692 You're a pretty smart guy, Albert-- 423 00:18:47,694 --> 00:18:50,228 like the way you opened those elevator doors 424 00:18:50,230 --> 00:18:52,263 to toss Judy Bream's body down there. 425 00:18:52,265 --> 00:18:53,498 Boy, that had us going. 426 00:18:53,500 --> 00:18:54,732 Till we figured out you were using 427 00:18:54,734 --> 00:18:56,100 one of those elevator access keys. 428 00:18:56,101 --> 00:18:57,467 All you electricians have those access keys, don't you? 429 00:18:57,470 --> 00:18:58,536 I don't know about any key. 430 00:18:58,538 --> 00:19:00,171 Oh, sure you do. 431 00:19:00,172 --> 00:19:01,805 We checked with Manhattan Power. They told us that you do. 432 00:19:01,808 --> 00:19:03,274 They told us that after you were fired, 433 00:19:03,276 --> 00:19:04,275 you didn't turn in the key. 434 00:19:04,277 --> 00:19:05,143 That's not true. 435 00:19:05,145 --> 00:19:05,543 It's true. 436 00:19:05,545 --> 00:19:07,145 Albert. 437 00:19:07,146 --> 00:19:08,746 Albert, don't fight us on this. 438 00:19:08,748 --> 00:19:10,815 We know that you didn't turn it in. They told us. 439 00:19:10,817 --> 00:19:13,284 He was fired eight years ago. 440 00:19:13,286 --> 00:19:16,287 Manhattan Power keeps records of their keys? 441 00:19:16,289 --> 00:19:19,290 They don't even know if he really had one. 442 00:19:19,292 --> 00:19:22,493 Look, I just don't think that's true. 443 00:19:22,495 --> 00:19:24,795 I can't remember having one. 444 00:19:24,797 --> 00:19:26,864 See you in a while, pal. 445 00:19:31,171 --> 00:19:34,572 This was next to Judy's bed on the floor. 446 00:19:34,574 --> 00:19:38,509 It's the exact same kind of film your camera uses. 447 00:19:38,511 --> 00:19:44,248 She doesn't even have a camera like that. 448 00:19:44,250 --> 00:19:46,450 How did it get there? 449 00:19:46,452 --> 00:19:49,320 When did you take the pictures, Albert? 450 00:19:49,322 --> 00:19:51,539 Before you killed her? 451 00:19:51,540 --> 00:19:53,757 Be much more gruesome after, though, wouldn't it? 452 00:19:53,760 --> 00:19:55,326 It's your work. 453 00:19:55,328 --> 00:19:57,328 You could see what you've done. 454 00:19:57,330 --> 00:19:59,597 I've never even been in her place. 455 00:19:59,599 --> 00:20:01,332 And yet, your duct tape was there, 456 00:20:01,334 --> 00:20:03,568 there were carpet fibers on your clothes, 457 00:20:03,570 --> 00:20:06,337 you got her address from Dr. Banks's files 458 00:20:06,339 --> 00:20:08,940 and you have an electrician's badge! 459 00:20:08,942 --> 00:20:11,409 You like looking at those pictures, 460 00:20:11,411 --> 00:20:12,510 don't you, Albert? 461 00:20:12,512 --> 00:20:14,478 Takes you back. 462 00:20:14,480 --> 00:20:18,416 You got a special place for them? 463 00:20:21,554 --> 00:20:24,555 I don't have any pictures. 464 00:20:31,564 --> 00:20:34,599 CRAGEN: These are ligature marks, Albert. 465 00:20:34,601 --> 00:20:37,802 You see, when you strangle someone, 466 00:20:37,804 --> 00:20:39,437 you leave marks 467 00:20:39,439 --> 00:20:40,571 like fingerprints. 468 00:20:40,573 --> 00:20:43,057 This is... 469 00:20:43,058 --> 00:20:45,542 Sally Kessler, the girl you killed eight years ago. 470 00:20:45,545 --> 00:20:48,813 See those ligature marks way up high? 471 00:20:48,815 --> 00:20:50,581 Just like the ones on Judy's neck. 472 00:20:50,583 --> 00:20:52,917 You like to get them up high, don't you? 473 00:20:52,919 --> 00:20:55,553 They take longer to suffocate that way, right? 474 00:20:55,555 --> 00:20:59,023 CRAGEN: Is that when you get your knee in their back 475 00:20:59,025 --> 00:21:00,491 and give it a yank? 476 00:21:00,493 --> 00:21:02,927 You know what I want to know? 477 00:21:02,929 --> 00:21:06,564 Why did you switch from ties to electrical cord? 478 00:21:06,566 --> 00:21:07,898 Is that better? 479 00:21:07,900 --> 00:21:09,634 You get more control that way? 480 00:21:09,636 --> 00:21:12,536 Maybe the ties were a little too risky, huh? 481 00:21:12,538 --> 00:21:15,373 A couple wind up damaged or missing. 482 00:21:15,375 --> 00:21:17,608 The wife starts wondering, thinking, asking questions. 483 00:21:17,610 --> 00:21:21,579 "Is the man I sit next to in church every Sunday 484 00:21:21,581 --> 00:21:23,848 really what he says he is?" 485 00:21:23,850 --> 00:21:26,384 I... 486 00:21:26,386 --> 00:21:28,586 I'm tired. 487 00:21:28,588 --> 00:21:30,955 You want to talk to a lawyer? 488 00:21:30,957 --> 00:21:32,990 Get it off your chest. 489 00:21:32,992 --> 00:21:34,525 It will be privileged. 490 00:21:34,527 --> 00:21:37,078 No. 491 00:21:37,079 --> 00:21:39,630 It's just that I'm tired, that's all. 492 00:21:41,301 --> 00:21:43,534 I want to go lie down. 493 00:21:43,536 --> 00:21:45,703 Yeah, okay, soon, very soon. 494 00:21:45,705 --> 00:21:48,439 I just want to go over 495 00:21:48,441 --> 00:21:51,309 a couple more things here, all right? 496 00:22:02,555 --> 00:22:06,724 CERRETA: These are the keys we found in your apartment. 497 00:22:06,726 --> 00:22:08,993 Which one is the elevator key? 498 00:22:08,995 --> 00:22:11,996 I don't know if I have one. 499 00:22:11,998 --> 00:22:13,397 They say you did. 500 00:22:13,399 --> 00:22:15,700 You kept it like you kept your I.D. 501 00:22:15,702 --> 00:22:17,635 Is it this one here, huh? 502 00:22:17,637 --> 00:22:19,337 No, that's uh, uh... 503 00:22:19,339 --> 00:22:22,073 Sara's old place in the Bronx. 504 00:22:22,075 --> 00:22:24,108 How about this one? 505 00:22:24,110 --> 00:22:26,610 That's for the garage. 506 00:22:26,612 --> 00:22:28,412 What about this? 507 00:22:28,414 --> 00:22:30,414 Sara's bicycle. 508 00:22:30,416 --> 00:22:32,383 The lock. 509 00:22:32,385 --> 00:22:34,552 This one? 510 00:22:36,456 --> 00:22:38,589 Is that an elevator access key? 511 00:22:38,591 --> 00:22:40,725 No. It's for the storage. 512 00:22:40,727 --> 00:22:42,526 You're lying, Albert. 513 00:22:42,528 --> 00:22:44,628 Your building has no storage. 514 00:22:44,630 --> 00:22:46,030 Not there. 515 00:22:46,032 --> 00:22:47,531 I mean on Sutphin. 516 00:22:47,533 --> 00:22:50,501 One of those rental places? 517 00:22:56,376 --> 00:22:58,776 What do you keep there, Albert? 518 00:22:58,778 --> 00:23:01,645 Just, uh... 519 00:23:04,450 --> 00:23:05,583 junk. 520 00:23:09,455 --> 00:23:12,390 The pictures. 521 00:23:12,392 --> 00:23:16,127 I'll get working on a search warrant. 522 00:23:24,704 --> 00:23:26,437 According to this, 523 00:23:26,439 --> 00:23:28,672 the guy came in about once a week 524 00:23:28,674 --> 00:23:30,441 usually in the evenings. 525 00:23:30,443 --> 00:23:31,509 LOGAN: Phil! 526 00:23:35,415 --> 00:23:37,081 Some people collect 527 00:23:37,083 --> 00:23:38,783 baseball cards. 528 00:23:45,591 --> 00:23:47,425 BAILIFF: Case number 750127, 529 00:23:47,427 --> 00:23:49,627 People v. Albert Lawrence Cheney. 530 00:23:49,629 --> 00:23:53,431 Three counts of murder in the second degree. 531 00:23:53,433 --> 00:23:56,567 Talk to me. 532 00:23:57,937 --> 00:23:59,670 Counselor? 533 00:23:59,672 --> 00:24:01,172 Not guilty, Your Honor. 534 00:24:01,174 --> 00:24:02,640 Mr. Robinette? 535 00:24:02,642 --> 00:24:05,142 Your Honor, as far as the State is concerned, 536 00:24:05,144 --> 00:24:07,978 the heinous nature of the crimes charged 537 00:24:07,980 --> 00:24:10,981 mandates that the defendant be held without bail. 538 00:24:10,983 --> 00:24:13,217 My client has rights. 539 00:24:13,219 --> 00:24:14,919 And so do the rest of women in this city. 540 00:24:14,921 --> 00:24:15,920 I think that's... 541 00:24:15,922 --> 00:24:17,087 Save it, Carl. 542 00:24:17,089 --> 00:24:19,690 Court orders defendant held without bail. 543 00:24:21,160 --> 00:24:23,994 All right, you behave yourself. 544 00:24:32,205 --> 00:24:34,171 The police repeatedly told Albert Cheney 545 00:24:34,173 --> 00:24:37,174 he had a right to an attorney. 546 00:24:37,176 --> 00:24:38,943 He waived that right? 547 00:24:38,945 --> 00:24:40,144 Several times. 548 00:24:40,146 --> 00:24:41,946 Miranda. 549 00:24:41,948 --> 00:24:44,248 Waiver's got to be made 550 00:24:44,250 --> 00:24:47,952 voluntarily, knowingly, and intelligently. 551 00:24:47,954 --> 00:24:49,186 Carl, this guy's been there before. 552 00:24:49,188 --> 00:24:51,589 He's well aware of his rights. 553 00:24:51,591 --> 00:24:55,159 But after 12 hours, guy would forget his name. 554 00:24:55,161 --> 00:24:56,193 Come again? 555 00:24:56,195 --> 00:24:57,194 They battered 556 00:24:57,196 --> 00:24:59,497 my client for 12 hours. 557 00:24:59,499 --> 00:25:01,131 Of course he broke. 558 00:25:01,133 --> 00:25:04,568 And gave us a box full of photographs of his victims. 559 00:25:04,570 --> 00:25:06,537 BERG: Supreme Court says 560 00:25:06,538 --> 00:25:08,505 we should look at the totality of the circumstances-- 561 00:25:08,508 --> 00:25:11,208 length of detention, prolonged questioning, 562 00:25:11,210 --> 00:25:13,010 mental exhaustion. 563 00:25:13,012 --> 00:25:15,012 Carl, this guy is a serial killer. 564 00:25:15,014 --> 00:25:16,247 He'll do it again. 565 00:25:16,249 --> 00:25:19,250 You get the stake, I've got the match. 566 00:25:19,252 --> 00:25:21,185 What is it, Ben, huh? 567 00:25:21,187 --> 00:25:22,253 Charge a guy 568 00:25:22,255 --> 00:25:24,021 with killing three girls, 569 00:25:24,023 --> 00:25:26,657 he loses his rights against self-incrimination? 570 00:25:26,659 --> 00:25:29,627 The Supreme Court never set hard and fast rules 571 00:25:29,629 --> 00:25:31,161 about length of interrogations. 572 00:25:31,163 --> 00:25:33,030 It is a judgment call. 573 00:25:33,032 --> 00:25:34,164 In my judgment, 574 00:25:34,166 --> 00:25:36,233 the more heinous the crime, 575 00:25:36,234 --> 00:25:38,301 the more protective we must be of the rights 576 00:25:38,304 --> 00:25:40,538 of the accused. 577 00:25:40,540 --> 00:25:42,206 Police overstepped their bounds. 578 00:25:42,208 --> 00:25:45,576 I'm excluding the photos. 579 00:25:45,578 --> 00:25:47,144 We had a warrant. 580 00:25:47,146 --> 00:25:49,813 Without the browbeating, you wouldn't have known 581 00:25:49,815 --> 00:25:51,215 where to search. 582 00:25:51,217 --> 00:25:53,217 As the photos 583 00:25:53,218 --> 00:25:55,218 were wrongfully presented to the grand jury, 584 00:25:55,221 --> 00:25:58,122 this entire indictment should be dismissed. 585 00:25:58,124 --> 00:25:59,223 We have physical evidence 586 00:25:59,225 --> 00:26:01,091 linking him to the crime scene-- 587 00:26:01,093 --> 00:26:02,159 a false electrician's I.D. 588 00:26:02,161 --> 00:26:05,095 It's all on the Bream girl. 589 00:26:05,097 --> 00:26:06,196 What about the others? 590 00:26:06,198 --> 00:26:07,665 Zippo. 591 00:26:08,768 --> 00:26:10,134 Ben? 592 00:26:10,136 --> 00:26:12,736 We drop the charges 593 00:26:12,738 --> 00:26:14,738 on the first two girls. 594 00:26:14,740 --> 00:26:16,924 Try it only on Judy Bream. 595 00:26:16,925 --> 00:26:19,109 Remember, Ben, he's being tried for the Bream murder alone. 596 00:26:19,111 --> 00:26:21,679 Any mention of any priors, we return to "go." 597 00:26:21,681 --> 00:26:25,049 I've watched Berg's work for years. 598 00:26:25,051 --> 00:26:27,051 He doesn't try a case. 599 00:26:27,053 --> 00:26:28,719 He charms the jury. 600 00:26:28,721 --> 00:26:33,157 When he's done, they'll give Cheney a Nobel prize. 601 00:26:33,159 --> 00:26:35,125 So much for victims' rights. 602 00:26:35,127 --> 00:26:37,628 Dead people don't have any, my boy. 603 00:26:37,630 --> 00:26:39,129 What do we got here? 604 00:26:39,131 --> 00:26:41,298 What we don't have is one iota of direct evidence. 605 00:26:41,300 --> 00:26:44,268 Cheney can't be that good. 606 00:26:44,270 --> 00:26:45,836 He's had practice. 607 00:26:45,838 --> 00:26:48,138 Two priors, no evidence whatsoever. 608 00:26:48,140 --> 00:26:50,207 But they caught him once, right? 609 00:26:50,209 --> 00:26:51,642 ROBINETTE: Man Two. 610 00:26:51,644 --> 00:26:53,744 He only spent five years in Attica. 611 00:26:53,746 --> 00:26:55,245 Berg represent him? 612 00:26:55,247 --> 00:26:57,247 Who prosecuted? 613 00:26:57,249 --> 00:26:58,282 Fleischman. 614 00:26:58,284 --> 00:27:01,235 In Brooklyn. 615 00:27:01,236 --> 00:27:04,187 In this business, lightning does strike twice. 616 00:27:06,158 --> 00:27:09,126 Find out how the hell Berg did it. 617 00:27:09,128 --> 00:27:11,228 How could I forget? 618 00:27:11,230 --> 00:27:14,365 Sally Kessler, 18 years old. 619 00:27:14,367 --> 00:27:17,234 An Hermes tie wrapped around her neck. 620 00:27:17,236 --> 00:27:19,737 Dumped naked into a recycling bin 621 00:27:19,739 --> 00:27:22,239 behind Nathan's out at Coney island. 622 00:27:22,241 --> 00:27:24,141 He's using wire now. 623 00:27:24,143 --> 00:27:26,677 Times is hard. 624 00:27:26,679 --> 00:27:28,679 It's scary. 625 00:27:28,681 --> 00:27:31,815 Cheney sat there and smiled while he told us about it. 626 00:27:31,817 --> 00:27:33,350 Wait a minute. 627 00:27:33,352 --> 00:27:34,918 He confessed? 628 00:27:34,920 --> 00:27:36,654 That was the only way 629 00:27:36,656 --> 00:27:38,856 we were going to touch that guy. 630 00:27:38,858 --> 00:27:41,091 But he only served five for Man Two. 631 00:27:41,093 --> 00:27:42,793 We're questioning Cheney, 632 00:27:42,795 --> 00:27:45,396 nice and polite, getting nowhere. 633 00:27:45,398 --> 00:27:48,098 Soon he asked to see his shrink. 634 00:27:48,100 --> 00:27:50,267 We ignore him, keep on pressing. 635 00:27:50,269 --> 00:27:51,869 After an hour or so 636 00:27:51,871 --> 00:27:55,372 we hit a sore spot and Cheney spills his guts. 637 00:27:55,374 --> 00:27:56,674 What's the problem? 638 00:27:56,676 --> 00:28:00,110 He goes and hires Carl Berg. 639 00:28:00,112 --> 00:28:02,813 Berg hears about this shrink thing, 640 00:28:02,815 --> 00:28:04,865 starts doing a song and dance, 641 00:28:04,866 --> 00:28:06,916 screaming and yelling about Fare v. Michael C. 642 00:28:06,919 --> 00:28:09,253 The case where the kid asked for his parole officer? 643 00:28:09,255 --> 00:28:10,954 Supreme Court said it's not the same thing 644 00:28:10,956 --> 00:28:12,122 as asking for a lawyer. 645 00:28:12,124 --> 00:28:13,257 Only at that time, 646 00:28:13,259 --> 00:28:15,859 the Supreme Court had heard arguments, 647 00:28:15,861 --> 00:28:17,861 but hadn't yet handed down its opinion. 648 00:28:17,863 --> 00:28:20,431 Parole officer, shrink-- could have gone either way. 649 00:28:20,433 --> 00:28:22,166 So you cut a deal. 650 00:28:22,168 --> 00:28:23,967 I got him off the streets 651 00:28:23,969 --> 00:28:25,235 for five to 15. 652 00:28:25,237 --> 00:28:26,970 Usually I take all bets, 653 00:28:26,972 --> 00:28:29,973 but the chance that Cheney goes free? 654 00:28:29,975 --> 00:28:30,974 I'm sorry. 655 00:28:30,976 --> 00:28:33,711 Those stakes were just too high. 656 00:28:35,381 --> 00:28:37,715 And he served the minimum? 657 00:28:37,717 --> 00:28:39,450 Warden said he was a model prisoner. 658 00:28:39,452 --> 00:28:40,718 Parole Board agreed. 659 00:28:40,720 --> 00:28:43,921 ( telephone rings ) 660 00:28:45,257 --> 00:28:47,958 Robinette. 661 00:28:47,960 --> 00:28:49,960 Yeah? 662 00:28:49,962 --> 00:28:53,397 Thanks. 663 00:28:53,399 --> 00:28:56,266 The Breams are in your office. 664 00:28:56,268 --> 00:28:57,735 They're not alone. 665 00:28:57,737 --> 00:28:59,770 A lawyer, Jack O'Connell 666 00:28:59,772 --> 00:29:03,407 from the Connecticut D.A.'s office, is with them. 667 00:29:03,409 --> 00:29:06,410 So the Brooklyn D.A. screws up 668 00:29:06,412 --> 00:29:09,913 and this psycho is free to kill again. 669 00:29:09,915 --> 00:29:10,914 Nobody screwed up. 670 00:29:10,916 --> 00:29:12,750 They had to cut a deal. 671 00:29:12,752 --> 00:29:15,986 My daughter is dead because of a technicality! 672 00:29:15,988 --> 00:29:17,354 I regret it, 673 00:29:17,356 --> 00:29:20,424 but the Supreme Court decided a long time ago 674 00:29:20,426 --> 00:29:21,992 that when the system errs, 675 00:29:21,994 --> 00:29:25,295 of individual rights. it will be on the side 676 00:29:25,297 --> 00:29:27,931 If my daughter had been hit by a car, 677 00:29:27,933 --> 00:29:30,000 we could sue the driver. 678 00:29:30,002 --> 00:29:33,036 Can we sue the Supreme Court, Mr. Stone? 679 00:29:33,038 --> 00:29:36,440 I assure you, Mrs. Bream, we'll do the best we can. 680 00:29:36,442 --> 00:29:38,308 Maybe I can do you one better. 681 00:29:38,310 --> 00:29:41,378 Cheney lured Judy from Connecticut into New York, 682 00:29:41,380 --> 00:29:43,914 where he ultimately held her captive and killed her. 683 00:29:43,916 --> 00:29:45,916 With your assistance, we can prosecute him 684 00:29:45,918 --> 00:29:47,284 in Connecticut for kidnapping. 685 00:29:47,286 --> 00:29:48,852 He never abducted her. 686 00:29:48,854 --> 00:29:50,821 Kidnapping by pretense. 687 00:29:50,823 --> 00:29:52,790 STONE: When Cheney phoned with this electrician's story, 688 00:29:52,792 --> 00:29:56,927 he had no idea the call was forwarded to Connecticut. 689 00:29:56,929 --> 00:29:58,328 He thought she was home. 690 00:29:58,330 --> 00:29:59,463 He had no intent 691 00:29:59,465 --> 00:30:01,799 of luring her anywhere. 692 00:30:01,801 --> 00:30:05,302 Oh, no. I was there when the call came. 693 00:30:05,304 --> 00:30:07,838 Judy told him that she was 694 00:30:07,840 --> 00:30:09,506 at our house. 695 00:30:11,043 --> 00:30:12,976 O'CONNELL: With death being 696 00:30:12,978 --> 00:30:15,012 the ultimate result of the kidnapping, 697 00:30:15,014 --> 00:30:16,513 we can toss in felony murder. 698 00:30:16,515 --> 00:30:17,981 I don't understand. 699 00:30:17,983 --> 00:30:20,684 It's simple. 700 00:30:20,685 --> 00:30:23,386 In Connecticut, we have the death penalty. 701 00:30:23,389 --> 00:30:25,489 Yeah, it's like Chicago in the '20s. 702 00:30:25,491 --> 00:30:27,090 You don't like someone, 703 00:30:27,092 --> 00:30:30,494 hire a couple of out-of-state thugs to rub him out. 704 00:30:30,496 --> 00:30:32,029 They don't want justice, Adam. 705 00:30:32,031 --> 00:30:33,497 They want vengeance. 706 00:30:33,499 --> 00:30:35,532 An eye for an eye worked for thousands of years. 707 00:30:35,534 --> 00:30:36,900 What are you going to do, Ben? 708 00:30:36,902 --> 00:30:38,419 I said thanks, but no thanks. 709 00:30:38,420 --> 00:30:39,937 They can have Cheney after we're through with him. 710 00:30:39,939 --> 00:30:42,039 If we lose, double jeopardy prevents anyone 711 00:30:42,041 --> 00:30:43,841 from retrying him on the murder. 712 00:30:43,843 --> 00:30:45,375 O'Connell says he has a good shot 713 00:30:45,377 --> 00:30:47,511 at admitting evidence from the prior murders 714 00:30:47,513 --> 00:30:50,314 to show that Cheney had the requisite intent to kidnap. 715 00:30:50,316 --> 00:30:51,548 But their case is bogus, Paul. 716 00:30:51,550 --> 00:30:53,967 You saw the mother. She's lying. 717 00:30:53,968 --> 00:30:56,385 Her daughter never told Cheney she was in Connecticut. 718 00:30:56,388 --> 00:30:59,089 What jury won't believe a grieving mother? 719 00:30:59,091 --> 00:31:00,290 STONE: Cheney is an animal. 720 00:31:00,292 --> 00:31:01,959 Yes, he should be tried and convicted, 721 00:31:01,961 --> 00:31:04,628 but, no, we shouldn't subvert the legal system to do it. 722 00:31:04,630 --> 00:31:06,930 And if Mrs. Bream is telling the truth? 723 00:31:06,932 --> 00:31:08,465 He committed a crime in New York. 724 00:31:08,467 --> 00:31:11,401 Our law says he should be convicted, not executed. 725 00:31:11,403 --> 00:31:12,870 What about his alibi? 726 00:31:12,872 --> 00:31:14,504 ROBINETTE: It plays, as far as I can tell. 727 00:31:14,506 --> 00:31:17,641 Sara Cheney punched into work at 9:00 P.M. 728 00:31:17,643 --> 00:31:20,510 Don't coworkers scratch each other's backs? 729 00:31:20,512 --> 00:31:24,014 She drives to work, doesn't she? 730 00:31:27,419 --> 00:31:28,485 Civil service. 731 00:31:28,487 --> 00:31:29,486 Can't be fired. 732 00:31:29,488 --> 00:31:30,954 Bennies up the ying yang. 733 00:31:30,956 --> 00:31:32,556 Should've taken the exam. 734 00:31:32,558 --> 00:31:34,892 All the postal workers park here? 735 00:31:34,894 --> 00:31:35,893 Half-price. 736 00:31:35,895 --> 00:31:38,562 Uncle Sam picks up the rest. 737 00:31:38,564 --> 00:31:39,997 We keep the receipts. 738 00:31:39,999 --> 00:31:41,999 The Feds don't trust anybody. 739 00:31:42,001 --> 00:31:43,433 Here we go. 740 00:31:43,435 --> 00:31:44,902 Cheney, green Metro. 741 00:31:44,904 --> 00:31:46,970 Punched in 9:45. 742 00:31:49,942 --> 00:31:50,974 She covered for him. 743 00:31:50,976 --> 00:31:52,643 ROBINETTE: Her friend admitted 744 00:31:52,645 --> 00:31:55,646 she punched her time card for her at 9:00. 745 00:31:55,648 --> 00:31:58,682 Even if Cheney gave her a play-by-play, 746 00:31:58,684 --> 00:32:00,651 we can't put her on the stand. 747 00:32:00,653 --> 00:32:02,152 Spousal privilege. 748 00:32:02,154 --> 00:32:04,021 No way Cheney waives it. 749 00:32:04,023 --> 00:32:06,189 Oh, the Breams are playing hardball now. 750 00:32:06,191 --> 00:32:09,960 The Connecticut D.A.'s motion to have Cheney extradited. 751 00:32:09,962 --> 00:32:12,429 So we'll stop it. 752 00:32:12,431 --> 00:32:14,431 We'll get an injunction. 753 00:32:14,433 --> 00:32:17,200 Have you seen the civil calendar lately? 754 00:32:17,202 --> 00:32:19,069 Cheney will be tried and dead six months 755 00:32:19,071 --> 00:32:21,071 before we get a judge looks at our papers. 756 00:32:21,073 --> 00:32:22,706 We'll get a temporary restraining order, 757 00:32:22,708 --> 00:32:24,341 we'll do the papers tonight, 758 00:32:24,342 --> 00:32:25,975 and we'll be at 9:30 calendar call tomorrow. 759 00:32:27,947 --> 00:32:30,113 You got other plans? 760 00:32:30,115 --> 00:32:31,448 I don't know. 761 00:32:31,450 --> 00:32:33,650 Representing Cheney in civil court 762 00:32:33,652 --> 00:32:35,652 just so we can prosecute him? 763 00:32:35,654 --> 00:32:37,621 I am not representing Cheney. 764 00:32:37,623 --> 00:32:41,491 I am representing the people of the State of New York. 765 00:32:43,095 --> 00:32:45,128 Your Honor, I'm sure 766 00:32:45,130 --> 00:32:46,663 I needn't remind this court 767 00:32:46,665 --> 00:32:48,565 of the full faith and credit clause 768 00:32:48,567 --> 00:32:50,701 of the U.S. Constitution, which mandates 769 00:32:50,703 --> 00:32:53,603 that sister states honor each other's laws. 770 00:32:53,605 --> 00:32:57,240 Albert Cheney broke the laws of the State of New York. 771 00:32:57,242 --> 00:32:59,609 He was arrested within its boundaries. 772 00:32:59,611 --> 00:33:02,179 It would be a miscarriage 773 00:33:02,180 --> 00:33:04,748 to allow another state to usurp its jurisdiction. 774 00:33:04,750 --> 00:33:07,150 The issue in this motion is not jurisdiction, Your Honor. 775 00:33:07,152 --> 00:33:09,653 It is the inadequacy, no, the complete inability of New York 776 00:33:09,655 --> 00:33:11,638 to deal with violent criminals. 777 00:33:11,639 --> 00:33:13,622 And you believe that Connecticut is more able? 778 00:33:13,625 --> 00:33:16,460 New York has tried to deal with Albert Lawrence Cheney, 779 00:33:16,462 --> 00:33:18,662 Your Honor, and at least four young women are dead. 780 00:33:18,664 --> 00:33:21,665 Was he rehabilitated, and did his five years 781 00:33:21,667 --> 00:33:24,001 in prison prevent recidivism? 782 00:33:24,003 --> 00:33:25,602 Obviously not. 783 00:33:25,604 --> 00:33:27,070 So the only thing left is revenge. 784 00:33:27,072 --> 00:33:28,538 You tell me. 785 00:33:28,540 --> 00:33:30,007 You had your turn, Mr. Stone. 786 00:33:30,009 --> 00:33:32,476 And let's do without the rhetoric, Counselor. 787 00:33:32,478 --> 00:33:34,611 If you grant Mr. Stone's motion 788 00:33:34,613 --> 00:33:37,748 and if he tries the defendant and loses, 789 00:33:37,750 --> 00:33:40,617 we are then precluded from prosecuting him 790 00:33:40,619 --> 00:33:42,686 for the murder of Judy Bream. 791 00:33:42,688 --> 00:33:44,087 Bottom line, Your Honor, 792 00:33:44,089 --> 00:33:46,223 Albert Cheney is of no use to anyone alive. 793 00:33:46,225 --> 00:33:47,591 Is this forum shopping? 794 00:33:47,593 --> 00:33:49,226 This is a criminal case. 795 00:33:49,228 --> 00:33:51,595 Yes, I know, Mr. Stone, and this is civil court. 796 00:33:51,597 --> 00:33:53,797 Why you want to keep Mr. Cheney alive is beyond me. 797 00:33:53,799 --> 00:33:55,699 I, for one, wouldn't lose any sleep 798 00:33:55,701 --> 00:33:56,800 if they flipped the switch. 799 00:33:56,802 --> 00:33:58,769 That's not relevant, Your Honor. 800 00:33:58,771 --> 00:34:00,237 I know. 801 00:34:00,239 --> 00:34:02,606 Unfortunately, Mr. Stone has met the burden 802 00:34:02,608 --> 00:34:04,574 required by law for a restraining order. 803 00:34:04,576 --> 00:34:07,611 As such, I am forced to grant his motion. 804 00:34:07,613 --> 00:34:10,714 The case against Albert Cheney stays put. 805 00:34:10,716 --> 00:34:14,718 May God help both of us if you lose that trial, Mr. Stone. 806 00:34:19,124 --> 00:34:22,492 The M.E.'s report? 807 00:34:22,494 --> 00:34:26,063 Paul, are you with me, here? 808 00:34:26,065 --> 00:34:29,166 We've taken flyers before, but... 809 00:34:29,168 --> 00:34:32,069 You would prefer that I let O'Connell try this case? 810 00:34:32,071 --> 00:34:34,137 The courts are not your personal soapbox. 811 00:34:34,139 --> 00:34:35,572 Have you heard me preach? 812 00:34:35,574 --> 00:34:38,475 Better we bend the system than risk letting him walk 813 00:34:38,477 --> 00:34:40,477 because of some unfounded morality. 814 00:34:40,479 --> 00:34:42,179 Who's preaching now? 815 00:34:42,181 --> 00:34:43,480 You're not talking about convicting him, 816 00:34:43,482 --> 00:34:44,815 you're talking about killing him. 817 00:34:44,817 --> 00:34:47,851 I think my tax dollars can be put to better use 818 00:34:47,853 --> 00:34:51,121 than clothing, housing and feeding Albert Cheney. 819 00:34:51,123 --> 00:34:53,123 Now maybe I'm just pragmatic. 820 00:34:53,125 --> 00:34:55,492 The cost to the state of a capital trial 821 00:34:55,494 --> 00:34:57,160 is roughly $1.8 million-- 822 00:34:57,162 --> 00:35:00,464 that is twice the cost of an average life imprisonment. 823 00:35:00,466 --> 00:35:02,132 Now who's being pragmatic? 824 00:35:02,134 --> 00:35:06,837 Maybe the Breams are entitled to a little vengeance. 825 00:35:06,839 --> 00:35:10,540 Oh, "do unto others as they did unto you"? 826 00:35:10,542 --> 00:35:13,510 We burn the homes of arsonists? 827 00:35:13,512 --> 00:35:16,113 We sexually abuse those who rape? 828 00:35:16,115 --> 00:35:18,181 You're rationalizing. 829 00:35:18,183 --> 00:35:21,151 Maybe, but the New York State Court of Appeals 830 00:35:21,153 --> 00:35:23,520 says the death penalty is cruel and inhuman. 831 00:35:23,522 --> 00:35:25,122 And what do you say? 832 00:35:25,124 --> 00:35:26,256 And I say 833 00:35:26,258 --> 00:35:29,259 we uphold the laws of this state. 834 00:35:33,165 --> 00:35:35,232 LOGAN: There was a toolbox 835 00:35:35,234 --> 00:35:38,568 and in it, we found duct tape, electrical wire 836 00:35:38,570 --> 00:35:42,139 and a Manhattan Power Company employee I.D. 837 00:35:42,141 --> 00:35:43,507 issued to Mr. Cheney. 838 00:35:43,509 --> 00:35:47,611 We also found a Polaroid camera in a desk. 839 00:35:47,613 --> 00:35:49,346 And the cumulative effect of this evidence 840 00:35:49,348 --> 00:35:50,847 was sufficient to arrest Mr. Cheney? 841 00:35:50,849 --> 00:35:52,015 Yes, that and the fact 842 00:35:52,016 --> 00:35:53,182 that he worked for her gynecologist. 843 00:35:53,185 --> 00:35:54,918 Thank you, Detective. 844 00:35:57,923 --> 00:36:00,657 The duct tape that was used on the victim... 845 00:36:00,659 --> 00:36:03,360 is there anything special about it? 846 00:36:03,362 --> 00:36:05,813 No. 847 00:36:05,814 --> 00:36:08,265 It could be purchased at any hardware store, correct? 848 00:36:08,267 --> 00:36:09,599 That's correct. 849 00:36:09,601 --> 00:36:11,968 Good. 850 00:36:11,969 --> 00:36:14,336 That narrows it down to, what-- eight million suspects, 851 00:36:14,339 --> 00:36:16,873 assuming the culprit lived in New York City. 852 00:36:16,875 --> 00:36:19,376 Judy Bream had an unlisted number. 853 00:36:19,378 --> 00:36:21,578 Whoever killed her had to get that number 854 00:36:21,580 --> 00:36:22,946 from somewhere, sir. 855 00:36:22,948 --> 00:36:24,514 Uh-huh. 856 00:36:24,516 --> 00:36:26,917 Can you identify this, Detective? 857 00:36:26,919 --> 00:36:29,319 That's the victim's address book. 858 00:36:29,321 --> 00:36:31,321 We found it in her apartment. 859 00:36:31,323 --> 00:36:32,322 Would you...? 860 00:36:32,324 --> 00:36:33,390 Please. 861 00:36:35,260 --> 00:36:39,296 Tell me, what do you see in the back portion of the book? 862 00:36:41,533 --> 00:36:44,334 Names, addresses, phone numbers. 863 00:36:44,336 --> 00:36:46,970 And how many names-- roughly-- 864 00:36:46,972 --> 00:36:49,206 would you say appear there? 865 00:36:49,208 --> 00:36:50,941 Roughly? Uh... 866 00:36:53,745 --> 00:36:56,413 I would say roughly a hundred. 867 00:36:56,415 --> 00:36:59,482 Would it be fair to say that these hundred people, 868 00:36:59,484 --> 00:37:03,353 who were kind enough to give Judy their phone numbers, 869 00:37:03,355 --> 00:37:06,356 were also lucky enough to receive hers? 870 00:37:06,358 --> 00:37:07,357 Objection. 871 00:37:07,359 --> 00:37:09,392 BERG: Withdrawn. 872 00:37:09,394 --> 00:37:11,361 Detective, you don't have any evidence at all 873 00:37:11,363 --> 00:37:12,529 against my client, do you? 874 00:37:12,531 --> 00:37:13,730 Your Honor? 875 00:37:13,732 --> 00:37:14,664 That's enough, Mr. Berg. 876 00:37:14,666 --> 00:37:16,433 I have no further questions. 877 00:37:19,304 --> 00:37:23,240 MRS. BREAM: She spent the weekend with us. 878 00:37:23,242 --> 00:37:25,609 She was off for the holidays. 879 00:37:25,611 --> 00:37:29,012 She was planning on staying the entire week. 880 00:37:29,014 --> 00:37:31,648 Why did Judy return to the city? 881 00:37:31,650 --> 00:37:33,650 She got a telephone call. 882 00:37:33,652 --> 00:37:36,686 Something about her electricity. 883 00:37:36,688 --> 00:37:40,290 Did she typically leave the door to her apartment unlocked? 884 00:37:40,292 --> 00:37:46,663 No. She had three chains on her door. 885 00:37:46,665 --> 00:37:48,398 Her father insisted. 886 00:37:48,400 --> 00:37:52,102 You'd ring the bell 887 00:37:52,103 --> 00:37:55,805 and then she'd double-check, you know, through the peephole. 888 00:37:55,807 --> 00:37:59,276 When was the last time you spoke to Judy? 889 00:37:59,278 --> 00:38:02,012 It was that night. 890 00:38:03,282 --> 00:38:05,548 I had her on the phone. 891 00:38:05,550 --> 00:38:07,417 The doorbell rang 892 00:38:07,419 --> 00:38:09,486 and she went to answer it. 893 00:38:09,488 --> 00:38:11,721 Did she put you on hold? 894 00:38:11,723 --> 00:38:15,358 No. She had a portable phone. 895 00:38:15,360 --> 00:38:18,795 What, if anything, did you hear then, Mrs. Bream? 896 00:38:21,667 --> 00:38:24,467 I heard her call 897 00:38:24,469 --> 00:38:27,437 to the man through the door. 898 00:38:27,439 --> 00:38:29,606 Did you hear his response? 899 00:38:31,710 --> 00:38:33,777 STONE: Mrs. Bream? 900 00:38:35,747 --> 00:38:38,315 Mrs. Bream, did you hear 901 00:38:38,317 --> 00:38:39,616 his response? 902 00:38:41,720 --> 00:38:42,719 Yes. 903 00:38:42,721 --> 00:38:44,087 What did he say? 904 00:38:44,089 --> 00:38:45,722 Calls for hearsay, Your Honor. 905 00:38:45,724 --> 00:38:47,691 Statement against penal interest, Your Honor. 906 00:38:47,693 --> 00:38:49,659 Not if my client didn't say it. 907 00:38:49,661 --> 00:38:51,594 Sustained. 908 00:38:52,731 --> 00:38:54,798 No more questions. 909 00:39:04,543 --> 00:39:08,078 I'm truly sorry about your daughter, Mrs. Bream. 910 00:39:10,082 --> 00:39:13,350 I'll try to make this short. 911 00:39:13,352 --> 00:39:16,686 The voice that you said you heard... 912 00:39:16,688 --> 00:39:17,654 I heard it. 913 00:39:17,656 --> 00:39:19,122 And do you think 914 00:39:19,124 --> 00:39:23,593 that you could, uh, recognize the voice? 915 00:39:25,564 --> 00:39:27,364 No. 916 00:39:27,366 --> 00:39:31,534 Because it was through the door, isn't that right? 917 00:39:33,505 --> 00:39:35,638 So... 918 00:39:35,640 --> 00:39:38,508 all you're sure of 919 00:39:38,510 --> 00:39:41,711 is that it was a man at the door. 920 00:39:43,849 --> 00:39:48,685 Would you consider that you and Judy were fairly close? 921 00:39:48,687 --> 00:39:51,521 She was my daughter. 922 00:39:51,523 --> 00:39:53,089 She ever tell you 923 00:39:53,091 --> 00:39:54,891 about any of her friends? 924 00:40:00,432 --> 00:40:03,800 Do you recall her ever mentioning... 925 00:40:03,802 --> 00:40:06,636 someone by the name of Finkel? 926 00:40:06,638 --> 00:40:08,671 Robert, I think it was. 927 00:40:08,673 --> 00:40:11,474 Was he one of her friends? 928 00:40:11,476 --> 00:40:13,710 Ahem. Yes. 929 00:40:13,712 --> 00:40:16,913 And Michael Schwartz? 930 00:40:16,915 --> 00:40:19,883 Yes. 931 00:40:19,885 --> 00:40:21,885 And Steve Eidler? 932 00:40:24,723 --> 00:40:26,756 Yes, but... 933 00:40:26,758 --> 00:40:28,658 And Brian Sherman, 934 00:40:28,660 --> 00:40:32,829 Peter Brav, and Alan Sklar? 935 00:40:35,700 --> 00:40:38,568 Now, tell me, Mrs. Bream. 936 00:40:38,570 --> 00:40:42,739 Isn't it possible that it was Robert Finkel 937 00:40:42,741 --> 00:40:43,973 or Michael Schwartz, 938 00:40:43,975 --> 00:40:46,810 Steve Eidler, Peter Brav, 939 00:40:46,812 --> 00:40:49,779 Brian Sherman, or Alan Sklar 940 00:40:49,781 --> 00:40:52,182 who was at the door that night? 941 00:40:56,188 --> 00:41:00,623 Why are you doing this? 942 00:41:00,625 --> 00:41:05,528 Sh... sh... she was my daughter. 943 00:41:05,530 --> 00:41:08,231 No further questions, Your Honor. 944 00:41:09,468 --> 00:41:11,935 He took her from me. 945 00:41:18,677 --> 00:41:21,678 Berg's got them eating out of his hand. 946 00:41:21,680 --> 00:41:23,613 Yeah. I had a professor in law school 947 00:41:23,615 --> 00:41:25,882 who said the case is won by an attorney 948 00:41:25,884 --> 00:41:27,817 who is better liked by the jury. 949 00:41:27,819 --> 00:41:30,753 Laws, facts, truth-- nothing to do with it. 950 00:41:30,755 --> 00:41:34,524 Maybe in a contract case, but this is a serial killer. 951 00:41:34,526 --> 00:41:35,758 The jury doesn't know that. 952 00:41:35,760 --> 00:41:36,759 What do you got left? 953 00:41:36,761 --> 00:41:38,595 C.S.U. tech will testify 954 00:41:38,597 --> 00:41:40,597 to the duct tape and carpet fibers 955 00:41:40,599 --> 00:41:42,265 found in Cheney's dryer. 956 00:41:42,267 --> 00:41:43,633 Circumstantial evidence. 957 00:41:43,635 --> 00:41:45,702 Berg will have a field day. 958 00:41:45,703 --> 00:41:47,770 We don't have anything direct other than the wife 959 00:41:47,772 --> 00:41:49,839 and her testimony's privileged. 960 00:41:49,841 --> 00:41:51,774 If she's an accomplice, it's broken. 961 00:41:51,776 --> 00:41:53,643 Establishing a false alibi 962 00:41:53,645 --> 00:41:55,979 does not make her an accomplice to murder. 963 00:41:57,649 --> 00:41:59,616 But destroying evidence does. 964 00:41:59,618 --> 00:42:02,719 Who do you think washed Cheney's clothes? 965 00:42:04,890 --> 00:42:07,057 Wake up a judge. 966 00:42:07,058 --> 00:42:09,225 Get an arrest warrant and notify Legal Aid on this. 967 00:42:09,227 --> 00:42:12,562 I want her to have a lawyer. 968 00:42:15,667 --> 00:42:17,667 I already told the police. 969 00:42:17,669 --> 00:42:21,804 We went to the movies, had dinner, 970 00:42:21,806 --> 00:42:26,075 I drove Albert home, and then I was at work by 9:00. 971 00:42:26,077 --> 00:42:28,578 That's not true, Mrs. Cheney, and we both know it. 972 00:42:28,580 --> 00:42:31,681 We spoke to a coworker, Barbara Livingston. 973 00:42:31,683 --> 00:42:34,651 She said she punched you in at 9:00. 974 00:42:34,653 --> 00:42:37,587 You didn't get to work until close to 10:00. 975 00:42:37,589 --> 00:42:39,022 So she stopped for a cup of coffee on the way. 976 00:42:39,024 --> 00:42:41,825 It doesn't prove anything. 977 00:42:41,826 --> 00:42:44,627 You're going to have to do better than that, Mrs. Cheney. 978 00:42:44,629 --> 00:42:46,262 Accomplice to Murder Two-- 979 00:42:46,264 --> 00:42:48,731 that's a lot of years in jail. 980 00:42:48,733 --> 00:42:49,844 Wing and a prayer. 981 00:42:49,845 --> 00:42:50,956 Silly putty doesn't stretch that far. 982 00:42:50,957 --> 00:42:52,068 I don't think so, Ms. Melton. 983 00:42:52,070 --> 00:42:54,070 Your client washed her husband's clothes. 984 00:42:54,072 --> 00:42:56,339 That's tampering, accessory after the fact. 985 00:42:56,341 --> 00:42:58,641 You can't prove a thing. 986 00:43:08,920 --> 00:43:11,788 Take a good look, Mrs. Cheney. 987 00:43:14,726 --> 00:43:18,761 That's how your husband gets his kicks. 988 00:43:25,003 --> 00:43:28,071 ( stifled sobs ) 989 00:43:37,749 --> 00:43:42,752 That morning... 990 00:43:42,754 --> 00:43:46,623 we read to each other. 991 00:43:46,625 --> 00:43:50,093 Corinthians. 992 00:43:57,702 --> 00:44:01,904 MRS. CHENEY: He came home at 8:30 and he was frantic. 993 00:44:01,906 --> 00:44:03,339 He, uh... 994 00:44:03,341 --> 00:44:07,677 His shoulder had some blood on it over here 995 00:44:07,679 --> 00:44:10,913 and he said he'd been in a fight-- 996 00:44:10,915 --> 00:44:14,417 that someone had tried to mug him. 997 00:44:14,419 --> 00:44:17,720 Was he carrying anything, Mrs. Cheney? 998 00:44:17,722 --> 00:44:20,189 His toolbox. 999 00:44:20,191 --> 00:44:23,026 Anything else? 1000 00:44:23,028 --> 00:44:25,895 His camera. 1001 00:44:25,897 --> 00:44:29,732 What, if anything, did he say to you? 1002 00:44:32,671 --> 00:44:37,674 He said that he was afraid he may have hurt the man 1003 00:44:37,676 --> 00:44:40,109 and he said he needed an alibi 1004 00:44:40,111 --> 00:44:44,080 and then he told me to, uh... 1005 00:44:44,082 --> 00:44:47,450 hide the toolbox and the camera. 1006 00:44:51,856 --> 00:44:56,759 And then... then I washed the blood off his shirt. 1007 00:45:00,799 --> 00:45:04,734 Why did you help him, Mrs. Cheney? 1008 00:45:06,905 --> 00:45:09,706 He was my husband. 1009 00:45:09,708 --> 00:45:12,208 He was on parole. 1010 00:45:12,210 --> 00:45:15,144 I don't know. 1011 00:45:15,146 --> 00:45:17,447 Did you believe his story about the mugging? 1012 00:45:17,449 --> 00:45:19,115 Objection. 1013 00:45:19,117 --> 00:45:20,850 Sustained. 1014 00:45:22,787 --> 00:45:26,456 I loved him. 1015 00:45:26,458 --> 00:45:29,258 I prayed for him. 1016 00:45:29,260 --> 00:45:30,893 I didn't know. 1017 00:45:30,895 --> 00:45:32,729 Didn't know what? 1018 00:45:32,731 --> 00:45:36,466 I didn't know that he was an animal. 1019 00:45:36,468 --> 00:45:37,867 Objection! 1020 00:45:40,872 --> 00:45:42,505 Thank you, Mrs. Cheney. 1021 00:45:48,847 --> 00:45:50,213 Oh, I don't know. 1022 00:45:50,215 --> 00:45:53,015 25 years to life is a long time. 1023 00:45:53,017 --> 00:45:55,918 I know two people who consider it a gift. 1024 00:45:55,920 --> 00:45:58,020 Then you might enjoy this. 1025 00:45:58,022 --> 00:45:59,756 The obituaries? 1026 00:45:59,758 --> 00:46:02,892 Richard Speck, killed eight nurses in '66. 1027 00:46:02,894 --> 00:46:04,260 Died in prison. 1028 00:46:04,262 --> 00:46:07,296 He was 49. Cheney's 42. 1029 00:46:07,298 --> 00:46:11,134 Captioning sponsored by NBC/UNIVERSAL 1030 00:46:11,136 --> 00:46:14,203 Captioned by access.wgbh.org oup at WGBH