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In the criminal justice system,
the people are represented
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00:00:04,772 --> 00:00:07,439
by two separte
yet equally important groups:
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The police,
who investigate crime,
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and the district attorneys,
who prosecute the offenders.
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These are their stories.
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( horns honking,
car alarm blaring )
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MAN:
It doesn't bother you at all,
does it?
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To you it's like talking
about a new pair of shoes.
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For God's sake,
she's family.
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Would I discuss this
with my sister?
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Sally's a therapist.
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The problem is not
with the big head, Jessie.
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You're being childish.
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You folks hear Howard
this morning?
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He went off
on some poor broad.
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You mind?
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DRIVER:
Look out!
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( tires screeching )
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MAN:
What the hell you doing?
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( horns honking )
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POLICE OFFICER:
All right, keep back, folks.
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Mikey.
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Yeah.
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No see and no hear.
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Eight million people,
and you die alone.
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What's the morning headline?
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MAN:
"Man Kisses Tenth Avenue."
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The kiss of death.
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But his face wasn't crushed
from a knife wound.
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He must have come
from that bridge.
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Let's see
what we got.
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And the winner is...
James Vogel.
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Whoa.
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Make that Councilman Vogel.
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The 16th District is
a long way from home.
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20, 40, 60, 80...
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83 bucks
and a full deck of plastic.
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Too busy to rob him.
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A disgruntled voter?
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Or a contributor who wasn't
getting his money's worth.
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It's a hell of a way
to leave office.
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Captioning sponsored by
NBC/Universal
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Vogel attended a benefit
for the New York Women's
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Foundation
of the Democratic Club.
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The doorman says he left
by himself after 10:30.
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Five minutes later,
a half gainer off the high dive.
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If anybody saw this,
they didn't stay to tell.
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Maybe some witness
will show up.
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Maybe I'll grow wings
and learn to fly.
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I sat on a panel
last year with Vogel--
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safe schools, juvenile violence.
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Lot of grandstanding,
but not Vogel.
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This guy
is one of the good ones.
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Good guys can step
on the wrong toes.
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In politics, there's bound
to be some sore losers.
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I want this one
in the win column.
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In addition to the impact wounds
from the fall and the car
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he had blunt-force wounds
across the front of his body.
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Started out
just wanting to hurt him.
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00:04:08,649 --> 00:04:10,549
And for a dime or a dollar,
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doesn't make
much difference now.
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We have a dorsal wound,
one upward thrust.nt--
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The blade entered
the abdominal cavity
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under the rib cage,
the kidney,p through
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and transected
the renal vein.
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LOGAN:
and he's gone.
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Internal bleeding--
no pain, no stain.
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CERRETA:
Mark of a craftsman.
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WOMAN:
for literacy programs,
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rights for elderly tenants--
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hardly anything
you'd call controversial.
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A few landlords
might beg to differ.
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He built bridges,
not walls.
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I ran his constituents office
for eight years.
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I do not know a single enemy
that he didn't win over.
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What about allies?
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Did he owe any favors?
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He said favors
get you in trouble.
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CERRETA:
Was he ambitious?
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In right amounts, yes,
but nobody owned him.
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Maybe they had
a short-term lease.
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Now, here are two deposits
to his money market account.
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One was eight months ago.
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This one three months ago.
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It's a total of 50 grand.
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Did he win the lotto?
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I wouldn't know
where that came from.
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Well, we've got
the bank number.
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If they're checks
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we'll go
to the issuing account.
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My hunch?
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Wherever it's from,
lotto would have been better.
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I lent him the money.
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The father is an easy touch.
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CERRETA:
In my family,
we don't write
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blank checks.
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VOGEL:
He asked
and I gave.
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If he'd wanted me to know
what it was for,
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he would have told me.
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Maybe he told your wife?
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Judith passed away
six years ago.
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LOGAN:
Was there
anyone else
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he might have confided in--
maybe a girlfriend?
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James kept his own counsel.
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I don't see what this money
has to do with his death.
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Some piece of filth held him up.
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Robbery wasn't the motive.
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And you're looking for a motive?
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How about
just for the hell of it?
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That's a popular one
these days.
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Or someone just doesn't like
the look on his face.
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My family worked damn hard
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to improve the quality of life
in this city, and this...
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this is how they pay us back.
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Vogel wasn't exactly a tightwad.
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Tapped into his stash
every other Friday.
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$5,000 a month.
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In cash.
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Except for
the last couple of weeks.
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Plenty of money left
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but no cash withdrawals.
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Well, whatever
he was paying off,
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he changed his mind.
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In hock
to the bank of broken legs?
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I can't see how.
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He was a monk.
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He covered the basics
with his salary.
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He paid his credit cards
every month like clockwork.
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Maybe he's a sports nut.
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00:07:06,760 --> 00:07:10,429
No. Bookies collect
in cash, not bodies.
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Mullen's, in Soho.
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Charges every...
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week.
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Didn't vice do a number on them
a year ago?
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Your colleagues in vice probably
got the wrong impression.
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People come here to feel safe,
nothing more.
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Vogel was a regular?
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Who is and who isn't
is nobody's business.
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Unless it's a police matter,
Mr. Drotos, which this is.
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He was already
halfway there anyway.
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How's that?
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James was talking about
turning his life around--
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taking the big step.
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The big step?
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Coming out of the closet.
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He was wondering how well
he would handle it.
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He worried
about family, career.
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He never expected
to lose his life.
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What are you saying,
that this is gay bashing?
In the past year--
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just the ones
that were reported--
30, 40 beatings.
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Staying in the closet
isn't a matter of conceit.
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Sometimes it's a matter
of life and death.
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been thinking
You said he had
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about coming out
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but he hadn't
actually done so yet.
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Someone was going
to do it for him.
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Outing's a specialty.
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James got a call
from them last week.
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They were preparing
an article.
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MAN:
I'm sorry
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about what happened
to James Vogel.
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I'm even sorrier
he didn't come out
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while he was
still alive.
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Or stick around
to watch you do it for him?
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Outing is an act of
self-defense, Detective.
We're at war.
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The more of us that come out,
the stronger we are.
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Well, who are you at war with?
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Vogel could have been
a role model.
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Shouldn't that be
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his decision?
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I didn't target the man,
but when the information
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lands on my desk,
I can't ignore it.
Are you so sure
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the information
is reliable?
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There's documentation--
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personal letters
in Vogel's hand.
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May we see those letters?
If I were running a
public library, maybe.
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The person who gave them to you
probably blackmailed Vogel.
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Much as I'd like to believe you,
the answer is still no.
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00:09:21,862 --> 00:09:23,962
my sources.
I got to protect
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Then we get
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00:09:25,265 --> 00:09:27,032
witness warrant.
a material
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And you sit in a cell
until we see those letters.
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Then I'd better pack
my toothbrush.
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00:09:33,006 --> 00:09:36,841
As soon as you get your warrant,
let me know.
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I met with his colleagues
on occasion.
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That's about it.
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James moved out
when he was 18.
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I haven't kept track
of his friends
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in a long time.
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What about
intimate friends?
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Did he ever talk
about them?
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There was
a girl or two at Columbia.
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00:10:02,002 --> 00:10:03,735
CERRETA:
Uh, Mr. Vogel,
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the more open you are,
the easier this is going to be.
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What do you mean?
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00:10:08,942 --> 00:10:10,642
We're already aware
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00:10:10,644 --> 00:10:13,044
of your son's
sexual orientation.
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00:10:13,046 --> 00:10:15,013
Do you know how many years
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00:10:15,015 --> 00:10:18,049
we've been subjected
to rumors like that?
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00:10:18,051 --> 00:10:21,653
Once you're in office,
everyone takes shots at you.
201
00:10:21,655 --> 00:10:24,923
So you're saying
that your son was not gay?
202
00:10:24,925 --> 00:10:26,658
Of course he wasn't!
203
00:10:26,660 --> 00:10:28,927
Those freaks in the West Village
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00:10:28,929 --> 00:10:32,831
would have liked to claim James
as one of their own.
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00:10:32,833 --> 00:10:35,934
I don't know how close
you were with your son,
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00:10:35,936 --> 00:10:38,003
but our information
seems reliable.
207
00:10:38,005 --> 00:10:39,904
Oh, yes, I'm sure.
208
00:10:39,906 --> 00:10:41,973
Reliable political sources.
209
00:10:41,975 --> 00:10:45,710
We also suspect that your son
was being blackmailed.
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00:10:45,712 --> 00:10:47,012
The $50,000.
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00:10:47,014 --> 00:10:48,980
What about it?
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00:10:48,982 --> 00:10:52,083
It's hard to believe you gave
him that without questions.
213
00:10:52,085 --> 00:10:53,852
I told you I trusted him.
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00:10:53,854 --> 00:10:56,054
But weren't you concerned?
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00:10:56,056 --> 00:10:59,124
VOGEL:
I assumed he had some problem
to take care of.
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00:10:59,126 --> 00:11:01,960
CERRETA:
You didn't ask any specifics?
217
00:11:01,962 --> 00:11:04,095
VOGEL:
He was 41 years old.
218
00:11:04,097 --> 00:11:06,431
I respected his privacy.
219
00:11:06,433 --> 00:11:09,934
Or maybe
you just didn't want to know.
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00:11:09,936 --> 00:11:14,439
Your son ever mention
anybody named Harold?
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00:11:16,076 --> 00:11:17,776
No.
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00:11:17,778 --> 00:11:20,378
Addressed "James V.,"
Signed "Harold."
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00:11:20,380 --> 00:11:22,914
Letters dating back
a year and a half.
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00:11:22,916 --> 00:11:25,316
It's definitely
not business.
225
00:11:25,318 --> 00:11:27,786
Look at the return
P.O. box Ossining.
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00:11:27,788 --> 00:11:29,320
State penitentiary.
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00:11:29,322 --> 00:11:32,691
Your son's pen pal
is a long-term resident.
228
00:11:37,230 --> 00:11:39,197
Harold Dwyer:
served six years in Ossining
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00:11:39,199 --> 00:11:41,266
for grand larceny
and assault.
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00:11:41,268 --> 00:11:42,834
Released
two weeks ago.
231
00:11:42,836 --> 00:11:44,869
Hobbies include mail fraud,
forgery,
232
00:11:44,871 --> 00:11:46,337
receiving of stolen goods.
233
00:11:46,339 --> 00:11:49,074
In 1983 Dwyer impersonated
a police officer
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00:11:49,076 --> 00:11:51,876
and stole two Porsches
out of the impound.
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00:11:51,878 --> 00:11:54,312
Plenty of moxie.
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Basic requirements
for blackmail and murder.
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Anything in the letters
he wrote to Vogel?
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00:12:00,020 --> 00:12:02,153
Nothing he'd lose sleep over.
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00:12:02,155 --> 00:12:05,156
Sounded like one of Vogel's
rehab projects.
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00:12:05,158 --> 00:12:06,891
Do you think Mr. Dwyer
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00:12:06,893 --> 00:12:09,360
would think of himself
as a project?
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00:12:11,031 --> 00:12:13,898
Nickel and change
is a long stretch.
243
00:12:13,900 --> 00:12:19,037
Checkers and Oprah
only eat up so much of it.
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00:12:19,039 --> 00:12:21,306
You look for things to do.
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00:12:21,308 --> 00:12:22,974
Like pen pals?
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00:12:22,976 --> 00:12:25,043
Like pen pals.
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00:12:25,045 --> 00:12:26,344
How did you meet Vogel?
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00:12:26,346 --> 00:12:29,347
I put a personal
in The Advocate.
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00:12:29,349 --> 00:12:31,349
He sent me a letter.
250
00:12:31,351 --> 00:12:34,219
We started a little...
correspondence.
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00:12:34,221 --> 00:12:36,354
Mm-hmm. Casual correspondence?
252
00:12:36,356 --> 00:12:37,388
Conversation.
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00:12:37,390 --> 00:12:39,324
Like guys sitting at a bar.
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00:12:39,326 --> 00:12:41,092
We got the idea
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00:12:41,094 --> 00:12:44,062
you talked about more
than the latest scores.
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00:12:44,064 --> 00:12:47,198
So? It went a little deeper
than that.
257
00:12:47,200 --> 00:12:51,236
Whose idea was it to take it
in that direction, yours?
258
00:12:51,238 --> 00:12:52,837
A man gets lonely.
259
00:12:52,839 --> 00:12:55,940
You got a problem with that?
260
00:12:55,942 --> 00:12:58,076
I got a problem
when he's greedy.
261
00:12:58,078 --> 00:13:00,211
What are you talking about?
262
00:13:00,213 --> 00:13:02,113
Vogel's money
buys your silence.
263
00:13:02,115 --> 00:13:03,248
Come on.
264
00:13:03,250 --> 00:13:06,317
I didn't even know
his last name.
265
00:13:06,319 --> 00:13:08,153
You knew
his mailing address.
266
00:13:08,155 --> 00:13:09,988
You knew he was vulnerable.
267
00:13:09,990 --> 00:13:12,924
A smart guy like you
can figure that out.
268
00:13:12,926 --> 00:13:15,360
So smart that I'm taking
his shakedown money
269
00:13:15,362 --> 00:13:18,096
and living in a dump like this.
270
00:13:18,098 --> 00:13:21,199
The guy said he'd
help me get on my feet.
271
00:13:21,201 --> 00:13:26,271
I look stupid enough
to blackmail him?
272
00:13:26,273 --> 00:13:28,973
Truth or dare--
you ever play as a kid?
273
00:13:28,975 --> 00:13:32,477
Stakes go up until someone
opens their mouth and steps in.
274
00:13:32,479 --> 00:13:35,346
The adult version starts
with a personal ad.
275
00:13:35,348 --> 00:13:38,349
Vogel bites, Dwyer plays him
till the prose turns purple.
276
00:13:38,351 --> 00:13:40,151
And the trap slams shut.
277
00:13:40,153 --> 00:13:43,021
You think Vogel's
the only one who got caught?
278
00:13:43,023 --> 00:13:48,126
Prisons keep records of their
prisoners' correspondence.
279
00:13:48,128 --> 00:13:51,196
Aside from his family
and legal representation,
280
00:13:51,198 --> 00:13:53,198
Harold Dwyer
maintained a correspondence
281
00:13:53,200 --> 00:13:54,499
with several other people.
282
00:13:54,501 --> 00:13:57,202
Did you inspect
his incoming mail?
283
00:13:57,204 --> 00:13:59,137
Only for contraband.
284
00:13:59,139 --> 00:14:01,206
What about outgoing letters?
285
00:14:01,208 --> 00:14:02,407
Were the contents examined?
286
00:14:02,409 --> 00:14:04,375
You mean read?
287
00:14:04,377 --> 00:14:08,279
Prisoners submit outgoing mail
to us unsealed for inspection.
288
00:14:08,281 --> 00:14:10,415
We don't read
every word they write.
289
00:14:10,417 --> 00:14:13,284
But you would record
the people he wrote to.
290
00:14:13,286 --> 00:14:15,286
As a matter of routine,
291
00:14:15,288 --> 00:14:17,388
along with his visitors,
phone calls.
292
00:14:17,390 --> 00:14:20,158
We'll take copies
of everything you have.
293
00:14:20,160 --> 00:14:22,427
Harold Dwyer
was a model prisoner.
294
00:14:22,429 --> 00:14:25,964
Even taught some high school
equivalency classes.
295
00:14:25,966 --> 00:14:28,466
Didn't expect him
to get in trouble so soon.
296
00:14:28,468 --> 00:14:30,235
Geez, what a shock.
297
00:14:30,237 --> 00:14:36,040
Six correspondents, all male,
all in the New York City area.
298
00:14:36,042 --> 00:14:38,243
I saw his personal
in The Advocate.
299
00:14:38,245 --> 00:14:40,245
I felt sorry for him.
300
00:14:40,247 --> 00:14:42,347
Every con has a sob story.
301
00:14:42,349 --> 00:14:44,115
I was curious.
302
00:14:44,117 --> 00:14:46,117
Dwyer's letters
were very clever,
303
00:14:46,119 --> 00:14:48,553
not what I expected
from someone in jail.
304
00:14:48,555 --> 00:14:51,155
CERRETA:
Being clever
got him there.
305
00:14:51,157 --> 00:14:54,192
I told myself
at least he's not a murderer.
306
00:14:54,194 --> 00:14:56,194
So you wrote.
307
00:14:56,196 --> 00:14:59,464
And he started sending me
these raunchy letters--
308
00:14:59,466 --> 00:15:01,232
wanted me to respond.
309
00:15:01,234 --> 00:15:03,001
I wasn't into it.
310
00:15:03,003 --> 00:15:04,335
I stopped writing.
311
00:15:04,337 --> 00:15:06,170
That it?
312
00:15:06,172 --> 00:15:09,073
A few weeks later
I get a call at home.
313
00:15:09,075 --> 00:15:10,041
No name.
314
00:15:10,043 --> 00:15:11,442
Said he was Dwyer's friend.
315
00:15:11,444 --> 00:15:14,078
I thought it might be him,
but...
316
00:15:14,080 --> 00:15:15,313
Was the call
collect?
317
00:15:15,315 --> 00:15:17,248
I don't... does it matter?
318
00:15:17,250 --> 00:15:18,516
Inmates can only call collect.
319
00:15:18,518 --> 00:15:19,517
No.
320
00:15:19,519 --> 00:15:21,386
I'm pretty sure it wasn't.
321
00:15:21,388 --> 00:15:23,254
What else did he say?
322
00:15:23,256 --> 00:15:25,023
He told me
323
00:15:25,025 --> 00:15:28,293
that he had the letters
that I wrote to Dwyer.
324
00:15:28,295 --> 00:15:30,228
Did he threaten you?
325
00:15:30,230 --> 00:15:31,396
Not directly.
326
00:15:31,398 --> 00:15:33,164
He was slick--
327
00:15:33,166 --> 00:15:35,099
slick and kind of pushy.
328
00:15:35,101 --> 00:15:37,268
He wanted money--
$5,000 a month.
329
00:15:37,270 --> 00:15:40,004
He said he'd have
a courier pick it up.
330
00:15:40,006 --> 00:15:41,372
You agreed to pay him?
331
00:15:41,374 --> 00:15:42,473
Oh, please.
332
00:15:42,475 --> 00:15:44,475
I told him to get lost.
333
00:15:44,477 --> 00:15:46,611
Even though he had your letters?
334
00:15:46,613 --> 00:15:48,246
Hey, I'm gay.
335
00:15:48,248 --> 00:15:51,449
If he wants to broadcast it,
what do I care?
336
00:15:51,451 --> 00:15:53,217
This will only take
337
00:15:53,219 --> 00:15:56,321
a couple of minutes
of your time...
338
00:15:56,323 --> 00:15:58,222
Thank you.
339
00:15:58,224 --> 00:16:01,259
Yes, sir, I do appreciate
your situation.
340
00:16:01,261 --> 00:16:03,594
If you could help me,
I... Hello?
341
00:16:05,332 --> 00:16:07,665
Mr. Harris makes oh-for-six.
342
00:16:07,667 --> 00:16:10,034
Three of these guys are married.
343
00:16:10,036 --> 00:16:11,235
You got to love blackmail.
344
00:16:11,237 --> 00:16:13,404
No one points the finger at you
345
00:16:13,406 --> 00:16:16,507
for the same reason
they're paying you off.
346
00:16:16,509 --> 00:16:18,276
Maybe we can get
the blackmailers
347
00:16:18,278 --> 00:16:20,511
to point the finger
at each other.
348
00:16:20,513 --> 00:16:23,147
Dwyer had somebody
on the outside helping him.
349
00:16:23,149 --> 00:16:26,417
Would have had to talk
to him before he got out.
350
00:16:26,419 --> 00:16:29,220
Do you want to do
phones or visitors?
351
00:16:29,222 --> 00:16:31,706
Phones.
352
00:16:31,707 --> 00:16:34,191
Can't say Dwyer
didn't make an effort.
353
00:16:34,194 --> 00:16:38,162
Called his wife in Binghampton
every Sunday night.
354
00:16:38,164 --> 00:16:40,431
Twice a month he had visits
from a Lisa Torres.
355
00:16:40,433 --> 00:16:44,335
Even money on which one got
the flowers on Valentine's.
356
00:16:48,208 --> 00:16:50,274
Don't rule out his lawyer.
357
00:16:50,276 --> 00:16:52,410
Dwyer saw him
once a week.
358
00:16:52,412 --> 00:16:54,178
He was already
convicted.
359
00:16:54,180 --> 00:16:56,514
And isn't six years
late for appeals?
360
00:16:56,516 --> 00:16:58,583
So why all the traffic?
361
00:16:58,585 --> 00:17:00,251
The architect said
362
00:17:00,253 --> 00:17:02,587
the guy on the phone
was slick and pushy.
363
00:17:02,589 --> 00:17:05,523
A lawyer, slick and pushy?
364
00:17:07,260 --> 00:17:10,395
Mr. Dwyer has legal problems
dating back 15 years.
365
00:17:10,397 --> 00:17:12,263
It keeps me very busy.
366
00:17:12,265 --> 00:17:15,099
Ossining is a good
hour and a half away.
367
00:17:15,101 --> 00:17:17,101
You never used the telephone?
368
00:17:17,103 --> 00:17:20,204
What, are you worried
i'm overcharging him?
369
00:17:20,206 --> 00:17:22,206
You ever talk
to a Jay Lingard?
370
00:17:22,208 --> 00:17:23,608
I never heard of him.
371
00:17:23,610 --> 00:17:25,209
He's an architect--
372
00:17:25,211 --> 00:17:27,745
one of Dwyer's pen pals
while he was in prison.
373
00:17:27,747 --> 00:17:29,747
I don't get the connection.
374
00:17:29,749 --> 00:17:31,349
What about James Vogel?
375
00:17:31,351 --> 00:17:33,217
I'm sure you've heard of him.
376
00:17:33,219 --> 00:17:36,187
Vogel. You mean the councilman
who was mugged.
377
00:17:36,189 --> 00:17:38,222
So someone would like us
378
00:17:38,224 --> 00:17:39,290
to believe.
379
00:17:39,292 --> 00:17:40,358
And you think
380
00:17:40,360 --> 00:17:42,226
my client's somehow involved?
381
00:17:42,228 --> 00:17:44,228
He exchanged letters
with Mr. Vogel.
382
00:17:44,230 --> 00:17:46,230
What a coincidence.
383
00:17:46,232 --> 00:17:48,633
I'm sure Mr. Vogel
wrote his congressman.
384
00:17:48,635 --> 00:17:50,234
Is he a suspect?
385
00:17:50,236 --> 00:17:53,237
If there were indications
of blackmail, mm-hmm.
386
00:17:53,239 --> 00:17:55,640
Dwyer did all this when,
in prison?
387
00:17:55,642 --> 00:17:58,242
He's been out
less than two weeks.
388
00:17:58,244 --> 00:18:01,312
We think he had an accomplice
on the outside.
389
00:18:02,482 --> 00:18:04,148
Clever, boys.
390
00:18:04,150 --> 00:18:07,151
You want to play
"I got a secret,"
391
00:18:07,153 --> 00:18:09,187
you play with my lawyer.
392
00:18:09,189 --> 00:18:10,388
Name's Bowman.
393
00:18:10,390 --> 00:18:12,490
She's in the phone book.
394
00:18:12,492 --> 00:18:15,393
Vogel was paying out
five grand a month,
395
00:18:15,395 --> 00:18:16,794
then one day he stops.
396
00:18:16,796 --> 00:18:18,262
He wants out.
397
00:18:18,264 --> 00:18:19,664
He starts making noise.
398
00:18:19,666 --> 00:18:22,266
Dwyer and Colson
look to shut him up.
399
00:18:22,268 --> 00:18:25,269
So they send the letters
to the magazine
400
00:18:25,271 --> 00:18:27,405
and word gets out
about Vogel.
401
00:18:27,407 --> 00:18:29,407
The hit looks
like a gay bash.
402
00:18:29,409 --> 00:18:31,642
Only we can't
connect Colson to Vogel.
403
00:18:31,644 --> 00:18:34,378
We could check his LUD's,
but I don't think
404
00:18:34,380 --> 00:18:37,281
he'd call somebody
from his office that
he's blackmailing.
405
00:18:37,283 --> 00:18:40,184
What are you looking at?
Mailroom.
406
00:18:40,186 --> 00:18:42,186
Lingard mentioned a courier.
407
00:18:42,188 --> 00:18:43,588
I know the routine.
408
00:18:43,590 --> 00:18:46,224
I blab to you,
Mr. Colson finds out,
409
00:18:46,226 --> 00:18:47,792
then what,
i work for you?
410
00:18:47,794 --> 00:18:50,361
You can shoot a gun,
you got a job.
411
00:18:50,363 --> 00:18:54,232
Yeah? You know where
I'd point it first?
412
00:18:54,234 --> 00:18:57,635
We play by the book,
I got to get a subpoena
413
00:18:57,637 --> 00:18:59,770
you spend a day
in the precinct.
414
00:18:59,772 --> 00:19:01,506
Like I'd mind.
415
00:19:01,508 --> 00:19:03,808
You'd lose a day's pay.
416
00:19:03,810 --> 00:19:09,547
Nice. This how you
get dates, too?
417
00:19:09,549 --> 00:19:12,283
Mr. Colson
has a regular service.
418
00:19:12,285 --> 00:19:14,318
Comes by once a week.
419
00:19:14,320 --> 00:19:16,320
Bringing what?
420
00:19:16,322 --> 00:19:17,822
Packages.
421
00:19:17,824 --> 00:19:20,691
What do you think,
they're transparent?
422
00:19:20,693 --> 00:19:22,426
They go up to his office.
423
00:19:22,428 --> 00:19:24,428
He signs for them.
424
00:19:24,430 --> 00:19:27,865
What's the name
of the service?
425
00:19:27,867 --> 00:19:31,702
Yeah, sure,
he has an account here.
426
00:19:31,704 --> 00:19:36,874
Uh, three or four pickups
every other Friday or so.
427
00:19:36,876 --> 00:19:39,410
Pickups from where?
428
00:19:39,412 --> 00:19:40,478
It depends.
429
00:19:40,480 --> 00:19:42,313
Upper Manhattan,
Brooklyn, Jersey.
430
00:19:42,315 --> 00:19:44,849
What about a James Vogel
in Park Slope?
431
00:19:44,851 --> 00:19:46,450
Is this guy Colson
432
00:19:46,452 --> 00:19:49,453
in some kind of trouble?
433
00:19:49,455 --> 00:19:51,455
Do you really care?
434
00:19:51,457 --> 00:19:52,823
He tips.
435
00:19:52,825 --> 00:19:54,559
Most don't.
436
00:19:54,561 --> 00:19:55,793
Here.
437
00:19:55,795 --> 00:19:58,696
No name on the pickup order.
438
00:19:58,698 --> 00:20:00,865
But we did do Park Slope
439
00:20:00,867 --> 00:20:03,634
every other week
until last month.
440
00:20:03,636 --> 00:20:05,870
The next time you get
441
00:20:05,872 --> 00:20:07,805
a pickup order from Colson,
you call us,
442
00:20:07,807 --> 00:20:11,342
but that's before you
deliver the package.
443
00:20:11,344 --> 00:20:12,743
Find some other way.
444
00:20:12,745 --> 00:20:14,345
I got a schedule here.
445
00:20:14,347 --> 00:20:15,613
Come on, sweetheart,
446
00:20:15,615 --> 00:20:17,882
you're too busy
to make one call?
447
00:20:17,884 --> 00:20:19,550
Maybe we need a warrant
448
00:20:19,552 --> 00:20:21,552
on every package
that comes through.
449
00:20:21,554 --> 00:20:23,454
This isn't right.
450
00:20:23,456 --> 00:20:25,456
I've cooperated plenty already.
451
00:20:25,458 --> 00:20:26,591
Yeah, okay.
452
00:20:26,593 --> 00:20:29,327
Then one more time
won't kill you.
453
00:20:31,364 --> 00:20:34,732
The official line is,
Councilman Vogel
454
00:20:34,734 --> 00:20:37,301
was the unfortunate victim
of a street mugging.
455
00:20:37,303 --> 00:20:39,770
Anything else is speculation
we have no comment on.
456
00:20:39,772 --> 00:20:41,906
this story's
If we make an arrest,
457
00:20:41,908 --> 00:20:43,474
gonna come out.
458
00:20:43,476 --> 00:20:45,643
Long as it doesn't come from us.
459
00:20:45,645 --> 00:20:48,546
What are we hiding,
the fact that he was gay?
460
00:20:48,548 --> 00:20:50,881
This comes from division?
461
00:20:50,883 --> 00:20:52,850
Right from the top.
462
00:20:52,852 --> 00:20:55,686
So Edward Vogel pays a visit
to the chief...
463
00:20:55,688 --> 00:20:58,823
One five-minute phone call.
464
00:20:58,825 --> 00:21:01,692
He's doing his son a favor
by being ashamed?
465
00:21:01,694 --> 00:21:04,795
How close are we on this?
466
00:21:04,797 --> 00:21:06,764
We get a hit
on this delivery...
467
00:21:06,766 --> 00:21:10,434
The courier has a delivery
for Colson from Kew Gardens.
468
00:21:10,436 --> 00:21:12,536
to a certain
Dwyer was writing
469
00:21:12,538 --> 00:21:14,639
George Harris over there.
470
00:21:14,640 --> 00:21:16,741
We're waiting for a call
on the delivery time.
471
00:21:16,743 --> 00:21:18,342
We checked Dwyer's alibi.
472
00:21:18,344 --> 00:21:20,978
He says he got tanked
in some dive on Mulberry.
473
00:21:20,980 --> 00:21:22,780
Barkeep remembers him
stumbling out
474
00:21:22,782 --> 00:21:25,683
half past midnight,
but not when he came in.
475
00:21:25,685 --> 00:21:26,917
( phone rings )
476
00:21:26,919 --> 00:21:28,819
What?
477
00:21:28,821 --> 00:21:30,521
Yeah.
478
00:21:31,491 --> 00:21:33,858
Cerreta.
479
00:21:33,860 --> 00:21:36,127
Okay. Thanks.
480
00:21:36,128 --> 00:21:38,395
Courier service will be
at Colson's in 20 minutes.
481
00:21:38,398 --> 00:21:40,665
Get going.
I'll cover the warrant for you.
482
00:21:51,511 --> 00:21:54,478
Mr. Colson, did you
just receive a package
483
00:21:54,480 --> 00:21:55,913
from B&C Couriers?
484
00:21:55,915 --> 00:21:57,982
What is this all about?
485
00:21:57,984 --> 00:21:59,684
Is that it there?
486
00:21:59,686 --> 00:22:00,885
The warrant first.
487
00:22:00,887 --> 00:22:02,420
It's on its way.
488
00:22:02,422 --> 00:22:04,488
Do you want to wait,
489
00:22:04,490 --> 00:22:08,592
or do you want
to open it yourself?
490
00:22:17,503 --> 00:22:20,971
Would you please accompany us
to the precinct?
491
00:22:24,344 --> 00:22:26,344
I asked my client about
a delinquent bill.
492
00:22:26,346 --> 00:22:27,511
He says send
a messenger.
493
00:22:27,513 --> 00:22:29,513
I had no idea...
There's nothing illegal
494
00:22:29,515 --> 00:22:31,482
about getting paid
in cash, Detective.
495
00:22:31,484 --> 00:22:33,617
That depends on the source,
Counselor.
496
00:22:33,619 --> 00:22:37,355
We'd like to help you
with this investigation,
but any communication
497
00:22:37,357 --> 00:22:38,789
between attorney
and client,
498
00:22:38,791 --> 00:22:41,525
including payment practices,
are confidential.
499
00:22:41,527 --> 00:22:45,062
James Vogel--
did he pay you in cash, too?
500
00:22:45,064 --> 00:22:47,031
BOWMAN:
Sorry--
501
00:22:47,033 --> 00:22:48,966
privileged.
502
00:22:48,968 --> 00:22:51,402
Only if payments
were for legal fees.
503
00:22:51,404 --> 00:22:53,604
Why the hell else
would he pay me?
504
00:22:53,606 --> 00:22:55,973
Blackmail comes to mind.
505
00:22:55,975 --> 00:22:59,410
You obviously don't have
enough evidence to arrest me,
506
00:22:59,412 --> 00:23:03,581
which means you don't have
enough to insult me either.
507
00:23:04,917 --> 00:23:06,083
Carla.
508
00:23:16,863 --> 00:23:18,462
He's right, you know.
509
00:23:18,464 --> 00:23:20,431
We can't tie him
to anything.
510
00:23:20,433 --> 00:23:21,532
Ditto on Dwyer.
511
00:23:21,534 --> 00:23:23,100
Somebody gave
Vogel's letters
512
00:23:23,102 --> 00:23:24,969
to Out Word magazine.
513
00:23:24,971 --> 00:23:27,405
That's fair to cloudy.
514
00:23:27,406 --> 00:23:29,840
The editor's on a high horse
called the First Amendment.
515
00:23:29,842 --> 00:23:31,075
His mouth is shut.
516
00:23:31,077 --> 00:23:33,411
25 years might convince him
to reconsider.
517
00:23:33,413 --> 00:23:35,446
You think he's involved
in the murder?
518
00:23:35,448 --> 00:23:39,183
No. But he doesn't know that.
519
00:23:39,185 --> 00:23:41,185
STONE:
We're not asking you
520
00:23:41,187 --> 00:23:43,421
not to publish,
Mr. Barclay--
521
00:23:43,423 --> 00:23:45,423
just the sources
of your material.
522
00:23:45,425 --> 00:23:46,957
I don't see the difference.
523
00:23:46,959 --> 00:23:49,427
No protection of sources
equals no free press.
524
00:23:49,429 --> 00:23:52,863
The Supreme Court...
ROBINETTE:
Has never said that.
525
00:23:52,865 --> 00:23:54,432
STONE:
And I doubt
526
00:23:54,434 --> 00:23:57,134
if the present court ever will.
527
00:23:57,136 --> 00:23:59,103
I'm not merely asserting
my rights.
528
00:23:59,105 --> 00:24:01,572
Freedom of the press
is the public's right.
529
00:24:01,574 --> 00:24:04,475
If sources were fair game,
Anita Hill would still be
530
00:24:04,477 --> 00:24:06,510
some unknown professor
in Oklahoma.
531
00:24:06,512 --> 00:24:08,879
You're looking
at jail time, Mr. Barclay.
532
00:24:08,881 --> 00:24:10,181
For contempt-- fine.
533
00:24:10,183 --> 00:24:11,715
I'll make that sacrifice.
534
00:24:11,717 --> 00:24:13,617
STONE:
Not for contempt, sir.
535
00:24:13,619 --> 00:24:16,487
For conspiracy
to commit blackmail and murder.
536
00:24:16,489 --> 00:24:18,889
( chuckles ):
You have got to be kidding!
537
00:24:18,891 --> 00:24:19,890
I'm sorry, sir.
538
00:24:19,892 --> 00:24:21,892
I lost my
sense of humor
539
00:24:21,894 --> 00:24:25,162
when I saw the photographs
of James Vogel.
540
00:24:25,164 --> 00:24:27,198
I had nothing to do with that.
541
00:24:27,200 --> 00:24:28,732
ROBINETTE:
Letters you had
542
00:24:28,734 --> 00:24:31,001
were used
to blackmail Mr. Vogel.
543
00:24:31,003 --> 00:24:33,104
STONE:
At a minimum,
544
00:24:33,105 --> 00:24:35,206
you're withholding evidence
to a murder investigation.
545
00:24:35,208 --> 00:24:37,942
At maximum, you're part
of the conspiracy.
546
00:24:37,944 --> 00:24:40,244
Principles go a long way,
Mr. Barclay,
547
00:24:40,246 --> 00:24:44,048
but if I were you,
I'd ask myself, are they worth
548
00:24:44,050 --> 00:24:46,550
25 years
in prison?
549
00:24:56,162 --> 00:25:01,165
The letters showed up
on my desk, anonymously.
550
00:25:01,167 --> 00:25:02,967
And you didn't verify them?
551
00:25:02,969 --> 00:25:05,035
I'm not about to get sued.
552
00:25:05,037 --> 00:25:07,204
Experts compared
Vogel's handwriting.
553
00:25:07,206 --> 00:25:08,506
I want them.
554
00:25:08,508 --> 00:25:09,640
Do I have a choice?
555
00:25:09,642 --> 00:25:12,109
If you want
to avoid an indictment,
556
00:25:12,111 --> 00:25:13,177
no, you don't.
557
00:25:13,179 --> 00:25:14,645
SCHIFF:
How bad?
558
00:25:14,647 --> 00:25:17,581
Bad enough
to not want them published.
559
00:25:17,583 --> 00:25:19,049
All written by Vogel?
560
00:25:19,051 --> 00:25:21,285
ROBINETTE:
Mailed to Dwyer
in Ossining.
561
00:25:21,287 --> 00:25:24,555
Dwyer's the point man,
he gave the letters to Colson
562
00:25:24,557 --> 00:25:26,557
who then handled the blackmail.
563
00:25:26,559 --> 00:25:28,125
What about
the murder?
564
00:25:28,127 --> 00:25:30,661
Maybe Vogel got tired
of paying him,
565
00:25:30,663 --> 00:25:32,596
threatened
to turn him in.
566
00:25:32,598 --> 00:25:33,797
Blackmail is thin.
567
00:25:33,799 --> 00:25:34,798
Murder...
568
00:25:34,800 --> 00:25:36,267
The letters to Dwyer.
569
00:25:36,269 --> 00:25:38,302
Cash payments
to Dwyer's attorney.
570
00:25:38,304 --> 00:25:41,772
Still, unless one of the people
making those payments talks,
571
00:25:41,774 --> 00:25:43,774
it all adds up to nothing.
572
00:25:43,776 --> 00:25:45,242
His father, Ed Vogel,
573
00:25:45,244 --> 00:25:47,311
was the first one who asked
574
00:25:47,313 --> 00:25:49,213
that I run for this office.
575
00:25:49,215 --> 00:25:52,683
There was a time when a nod
from him carried weight.
576
00:25:52,685 --> 00:25:54,285
Get someone to testify.
577
00:26:00,560 --> 00:26:03,060
HARRIS:
I already told
the police
578
00:26:03,062 --> 00:26:05,095
I paid a legal bill
in cash.
579
00:26:05,097 --> 00:26:06,230
What's the big deal?
580
00:26:06,232 --> 00:26:09,567
STONE:
No big deal if it
were just once.
581
00:26:09,569 --> 00:26:12,202
The courier says
you send packages
582
00:26:12,204 --> 00:26:14,104
to Mr. Colson
every other week.
583
00:26:14,106 --> 00:26:17,641
Uh, we spoke to Harold Dwyer,
Mr. Harris.
584
00:26:27,587 --> 00:26:32,089
I was in pro ball
close to 11 years--
585
00:26:32,091 --> 00:26:36,060
nine of them in the bigs.
586
00:26:36,062 --> 00:26:39,697
This company hired me
for a reason.
587
00:26:39,699 --> 00:26:41,365
They bought an image.
588
00:26:43,603 --> 00:26:45,336
See...
589
00:26:47,206 --> 00:26:50,674
I was not a Bobby Bonilla,
Mr. Stone.
590
00:26:50,676 --> 00:26:53,711
I need this job.
591
00:26:53,713 --> 00:26:56,280
STONE:
You paid Mr. Dwyer
592
00:26:56,282 --> 00:26:58,882
and Mr. Colson
to keep your secret?
593
00:26:58,884 --> 00:27:02,620
I paid them to keep my life.
594
00:27:02,622 --> 00:27:05,155
I have two sons.
595
00:27:05,157 --> 00:27:07,291
Every year they come with me
596
00:27:07,293 --> 00:27:10,828
to the Cubs
Alumni Day.
597
00:27:10,830 --> 00:27:12,329
How much you pay them?
598
00:27:14,233 --> 00:27:17,301
It was supposed to stop
at $50,000.
599
00:27:17,303 --> 00:27:19,303
Colson came back for more?
600
00:27:19,305 --> 00:27:21,338
Colson I never heard of.
601
00:27:21,340 --> 00:27:24,241
It was just
a voice on the phone.
602
00:27:24,243 --> 00:27:27,177
Said that it
would cost me another 25.
603
00:27:27,179 --> 00:27:30,648
Would you recognize that voice?
604
00:27:30,650 --> 00:27:32,316
Well, there's no need.
605
00:27:32,318 --> 00:27:35,285
I... I, uh, taped the call,
you know,
606
00:27:35,287 --> 00:27:38,255
just in case
anything happened.
607
00:27:39,792 --> 00:27:43,761
There's no way I'm going
to say any of this in public.
608
00:27:43,763 --> 00:27:46,263
We can subpoena you, sir.
609
00:27:46,265 --> 00:27:50,734
I'd rather go to jail,
Mr. Stone.
610
00:27:54,774 --> 00:27:57,207
STONE:
Your son was not
the only victim
611
00:27:57,209 --> 00:27:58,809
of this blackmail
scheme, Mr. Vogel.
612
00:27:58,811 --> 00:28:00,210
We've located
one other.
613
00:28:00,212 --> 00:28:03,113
And he'll testify?
614
00:28:03,115 --> 00:28:05,249
He's paid Colson
a lot of money.
615
00:28:05,251 --> 00:28:06,350
He doesn't plan
616
00:28:06,352 --> 00:28:07,818
on going public now.
617
00:28:07,820 --> 00:28:09,987
In other words,
618
00:28:09,988 --> 00:28:12,155
without this witness,
you can't go to trial.
619
00:28:12,158 --> 00:28:14,258
I'm sorry.
620
00:28:16,362 --> 00:28:19,830
What if we close the courtroom,
no press, no cameras?
621
00:28:19,832 --> 00:28:22,433
Assure him his identity
will remain a secret?
622
00:28:22,435 --> 00:28:24,201
Can you get a judge
623
00:28:24,203 --> 00:28:25,803
to agree to that?
624
00:28:25,805 --> 00:28:27,938
Well, typically, no,
but this witness was
625
00:28:27,940 --> 00:28:30,207
a part of the same
blackmail scheme,
626
00:28:30,209 --> 00:28:32,242
and given what happened
to your son...
627
00:28:32,244 --> 00:28:34,812
We can certainly argue
his life's in danger.
628
00:28:34,814 --> 00:28:36,246
Have Colson
and Dwyer arrested.
629
00:28:36,248 --> 00:28:39,817
Let's hope we draw
a sympathetic judge.
630
00:28:39,819 --> 00:28:42,252
Docket number 59422.
631
00:28:42,254 --> 00:28:44,188
People v. Peter Colson
and Harold Dwyer.
632
00:28:44,190 --> 00:28:46,356
One count each--
murder in the second degree.
633
00:28:46,358 --> 00:28:49,493
One count each-- grand larceny
in the second degree.
634
00:28:53,733 --> 00:28:55,432
Parties ready to plead?
635
00:28:55,434 --> 00:28:57,801
Not guilty,
Your Honor.
636
00:28:57,803 --> 00:28:58,969
Not guilty.
637
00:28:58,971 --> 00:29:01,505
Mr. Robinette?
Recommendation on bail,
638
00:29:01,507 --> 00:29:03,307
$500,000 on each.
639
00:29:03,309 --> 00:29:05,175
It's excessive,
Your Honor.
640
00:29:05,177 --> 00:29:06,877
In this economy, Your Honor,
641
00:29:06,879 --> 00:29:09,780
the state might as well
ask for a million.
642
00:29:09,782 --> 00:29:11,982
We can't raise
that kind of cash.
643
00:29:11,984 --> 00:29:13,817
This is America, Counselor.
644
00:29:13,819 --> 00:29:14,885
Borrow.
645
00:29:14,887 --> 00:29:17,855
Bail is set at $300,000 each.
646
00:29:20,760 --> 00:29:21,892
Tomorrow at 2:30.
647
00:29:21,894 --> 00:29:23,327
Preliminary conference.
648
00:29:23,329 --> 00:29:25,295
Judge Strelzik's chambers.
649
00:29:25,297 --> 00:29:26,363
Closed courtroom?
650
00:29:26,365 --> 00:29:28,365
You've got
to be kidding, Paul.
651
00:29:28,367 --> 00:29:30,501
I just got my hair done.
652
00:29:33,305 --> 00:29:36,874
Keep the reporters out
of the courtroom?
653
00:29:36,876 --> 00:29:38,308
Fine. I don't care.
654
00:29:38,310 --> 00:29:41,411
But withholding the name
of a witness is absurd.
655
00:29:41,413 --> 00:29:44,014
Not when there's a risk
of retaliation.
656
00:29:44,016 --> 00:29:46,283
One man is already dead,
Your Honor.
657
00:29:46,285 --> 00:29:49,319
How can I prepare
a proper cross-examination
658
00:29:49,321 --> 00:29:52,256
when I don't know anything
about the witness?
659
00:29:52,258 --> 00:29:55,793
Tomorrow morning, 10:30,
in my chambers
660
00:29:55,795 --> 00:29:59,029
I want to hear
what this witness has to say.
661
00:29:59,031 --> 00:30:00,898
HARRIS:
No way, Mr. Stone.
662
00:30:00,900 --> 00:30:03,467
You told me complete anonymity.
663
00:30:03,469 --> 00:30:06,303
Judge Strelzik has
to know who you are.
664
00:30:06,305 --> 00:30:07,805
There's no way
around that.
665
00:30:07,807 --> 00:30:10,040
The judge
we're not worried about.
666
00:30:10,042 --> 00:30:11,809
It's Colson's lawyer.
667
00:30:11,811 --> 00:30:13,277
She'll be there, right?
668
00:30:13,279 --> 00:30:15,245
So what's to prevent her
669
00:30:15,247 --> 00:30:17,080
from revealing
George's identity?
670
00:30:17,082 --> 00:30:19,383
STONE:
With a gag order,
for one.
671
00:30:19,385 --> 00:30:20,918
You'll be a John Doe.
672
00:30:20,920 --> 00:30:23,086
Do you want
to go on paying
673
00:30:23,088 --> 00:30:27,090
for the rest of your life,
Mr. Harris?
674
00:30:27,092 --> 00:30:30,260
I answered an ad
in a magazine--
675
00:30:30,262 --> 00:30:33,463
"Prisoner lonely,
please write."
676
00:30:33,465 --> 00:30:36,300
was Mr. Dwyer?
And that
677
00:30:36,302 --> 00:30:38,452
Yes. Um...
678
00:30:38,453 --> 00:30:40,603
at first, it was just
a friendly correspondence
679
00:30:40,606 --> 00:30:43,073
you know, about sports
and current events
680
00:30:43,075 --> 00:30:45,275
and that sort of thing.
681
00:30:45,277 --> 00:30:47,377
What happened then?
682
00:30:47,379 --> 00:30:52,282
He, um, wanted me
to get...
683
00:30:52,284 --> 00:30:53,851
more graphic.
684
00:30:53,853 --> 00:30:56,353
And did you?
685
00:30:56,355 --> 00:30:59,323
Yes. He was a prisoner.
686
00:30:59,325 --> 00:31:02,059
I felt sorry for him.
687
00:31:02,061 --> 00:31:03,527
But it was all a con.
688
00:31:03,529 --> 00:31:05,596
After about
a half dozen letters,
689
00:31:05,598 --> 00:31:08,465
they started asking
me for money--
690
00:31:08,467 --> 00:31:11,001
$50,000 over
five months.
691
00:31:11,003 --> 00:31:13,036
And then they wanted more.
692
00:31:13,038 --> 00:31:15,472
I have it recorded on tape.
693
00:31:15,474 --> 00:31:17,374
Is this the tape?
694
00:31:17,376 --> 00:31:19,509
Yes.
695
00:31:19,511 --> 00:31:21,044
BOWMAN:
Sir,
696
00:31:21,046 --> 00:31:23,413
did the persons blackmailing you
697
00:31:23,415 --> 00:31:26,383
ever threaten you
with physical harm?
698
00:31:26,385 --> 00:31:27,584
No, no.
699
00:31:27,586 --> 00:31:30,053
And the person
who contacted you
700
00:31:30,055 --> 00:31:32,956
for money-- did he have a name?
701
00:31:34,894 --> 00:31:37,027
He never used it.
702
00:31:37,029 --> 00:31:39,062
So you were
just assuming
703
00:31:39,064 --> 00:31:40,430
it was Peter Colson.
704
00:31:40,432 --> 00:31:42,883
STONE:
The only issue
705
00:31:42,884 --> 00:31:45,335
relevant to this hearing
is whether the witness
706
00:31:45,337 --> 00:31:46,970
is in physical danger.
707
00:31:46,972 --> 00:31:48,639
BOWMAN:
He just said he wasn't
708
00:31:48,641 --> 00:31:49,907
even threatened.
709
00:31:49,909 --> 00:31:51,408
In any case, this witness
710
00:31:51,410 --> 00:31:52,643
has given no evidence
711
00:31:52,645 --> 00:31:54,111
concerning
my client.
712
00:31:54,113 --> 00:31:55,379
The voice
713
00:31:55,381 --> 00:31:58,181
on this tape
is clearly identifiable.
714
00:31:58,183 --> 00:31:59,917
Fine. Let's hear it.
715
00:31:59,919 --> 00:32:01,985
That is enough
to give him away,
716
00:32:01,987 --> 00:32:03,387
put him in jeopardy.
717
00:32:03,389 --> 00:32:04,988
Is his name mentioned?
718
00:32:04,990 --> 00:32:08,058
No, but your client
could easily recall
719
00:32:08,060 --> 00:32:09,059
the conversation.
720
00:32:09,061 --> 00:32:10,527
For God sakes, Ben.
721
00:32:10,529 --> 00:32:13,931
Peter Colson is an upstanding
member of the bar--
722
00:32:13,933 --> 00:32:14,998
not an animal.
723
00:32:15,000 --> 00:32:16,433
Someone killed James Vogel,
724
00:32:16,435 --> 00:32:19,369
and I'm not letting
it happen to another life.
725
00:32:19,371 --> 00:32:22,105
I'll listen to the tape alone.
726
00:32:24,143 --> 00:32:27,444
You'll have my decision
tomorrow morning.
727
00:32:27,446 --> 00:32:28,946
Closing a courtroom--
728
00:32:28,948 --> 00:32:31,014
congratulations--
minor miracle.
729
00:32:31,016 --> 00:32:33,050
It's hardly a burning bush.
730
00:32:33,052 --> 00:32:36,053
Colson's lawyer didn't
put up much of a fight.
731
00:32:36,055 --> 00:32:37,621
I guess she didn't want
732
00:32:37,623 --> 00:32:40,490
the press feasting
on his reputation.
733
00:32:40,492 --> 00:32:42,492
Lawyers get together and toss
734
00:32:42,494 --> 00:32:46,964
the First Amendment's right
to free press down the toilet.
735
00:32:46,966 --> 00:32:48,632
Maybe it's the best way
to protect
736
00:32:48,634 --> 00:32:50,667
the Sixth Amendment's
right to a fair trial.
737
00:32:50,669 --> 00:32:53,670
With Harris on the stand,
we get extortion.
738
00:32:53,672 --> 00:32:55,138
If harris
takes the stand.
739
00:32:55,140 --> 00:32:57,641
This just landed
on my desk.
740
00:32:57,643 --> 00:33:00,110
A writ of prohibition?
741
00:33:00,112 --> 00:33:03,113
Barclay, the editor
of Out Word magazine--
742
00:33:03,115 --> 00:33:05,482
he's challenging
the closed courtroom
743
00:33:05,484 --> 00:33:07,050
on behalf of the media.
744
00:33:07,052 --> 00:33:09,486
How much con law
do you remember?
745
00:33:09,488 --> 00:33:10,554
Not enough.
746
00:33:10,556 --> 00:33:12,990
A 50-page brief
written in support
747
00:33:12,992 --> 00:33:15,225
by Helen Murphy,
Esquire.
748
00:33:15,227 --> 00:33:17,527
The First Lady
of First Amendment law?
749
00:33:17,529 --> 00:33:21,164
Barclay's got to have
some deep pockets.
750
00:33:22,201 --> 00:33:25,002
The right to a public trial
is guaranteed
751
00:33:25,004 --> 00:33:27,170
by both the Sixth
and the 14th Amendments.
752
00:33:27,172 --> 00:33:29,606
This is a balancing
test-- that right
753
00:33:29,608 --> 00:33:31,742
weighed against
the potential harm
754
00:33:31,744 --> 00:33:33,443
to this
particular witness.
755
00:33:33,445 --> 00:33:36,246
MURPHY:
And the people's
right to know.
756
00:33:36,248 --> 00:33:37,781
Does the first amendment
757
00:33:37,783 --> 00:33:40,550
suddenly not exist, Mr. Stone?
758
00:33:40,552 --> 00:33:42,152
This urgency
to inform the public
759
00:33:42,154 --> 00:33:44,688
as to the facts
of this particular case
760
00:33:44,690 --> 00:33:47,157
cannot outweigh the rights...
761
00:33:47,159 --> 00:33:50,560
Of one overly paranoid witness?
Please.
762
00:33:50,562 --> 00:33:53,163
A real person's life
is in jeopardy.
763
00:33:53,165 --> 00:33:55,699
Surely that outweighs
any intangible benefits
764
00:33:55,701 --> 00:33:57,167
to a general public
765
00:33:57,169 --> 00:33:59,102
not affected by this case.
766
00:33:59,104 --> 00:34:01,038
So we rewrite
the First Amendment--
767
00:34:01,040 --> 00:34:04,241
freedom of the press only
when it affects the majority?
768
00:34:04,243 --> 00:34:05,242
Your Honor...
769
00:34:05,244 --> 00:34:07,144
We are not asking
770
00:34:07,146 --> 00:34:10,680
that the 11:00 news be allowed
to wheel in a camera crew.
771
00:34:10,682 --> 00:34:12,115
Why the hell not?
772
00:34:12,117 --> 00:34:16,053
I empathize
with your witness, Mr. Stone,
773
00:34:16,055 --> 00:34:19,623
but there's a heavy
burden you must meet
774
00:34:19,625 --> 00:34:21,625
to deprive
the voyeuristic public
775
00:34:21,627 --> 00:34:25,162
of their right to peek in
on the woes of others.
776
00:34:25,164 --> 00:34:28,265
Now, if your witness
is in that much danger,
777
00:34:28,267 --> 00:34:30,267
don't put him on the stand.
778
00:34:30,269 --> 00:34:33,136
I'm sorry,
Counselor, but...
779
00:34:33,138 --> 00:34:36,506
freedom abhors
secret proceedings.
780
00:34:36,508 --> 00:34:39,209
Your client may quote me
781
00:34:39,211 --> 00:34:40,744
on that, Ms. Murphy.
782
00:34:40,746 --> 00:34:42,179
Petitioner's motion
783
00:34:42,181 --> 00:34:43,180
is granted.
784
00:34:43,182 --> 00:34:44,815
The trial will be open
785
00:34:44,817 --> 00:34:46,683
to the press.
786
00:34:49,822 --> 00:34:51,354
I tried, Ben.
787
00:34:51,356 --> 00:34:52,789
I really did.
788
00:34:52,791 --> 00:34:55,559
But George will not
testify in open court.
789
00:34:55,561 --> 00:34:57,727
I can't win without him.
790
00:34:57,729 --> 00:35:00,664
He wants to see
Colson walk?
791
00:35:00,666 --> 00:35:03,667
No, but he's entitled
to be a little selfish.
792
00:35:03,669 --> 00:35:06,403
And I don't know
if I blame him.
793
00:35:06,405 --> 00:35:07,804
What about the tape?
794
00:35:07,806 --> 00:35:11,374
Offer that into evidence
without his testimony.
795
00:35:11,376 --> 00:35:13,477
Without authentication
it's worthless.
796
00:35:13,479 --> 00:35:14,578
He did give
797
00:35:14,580 --> 00:35:16,746
a sworn statement
in judge's chambers.
798
00:35:16,748 --> 00:35:18,715
And he was cross-examined
799
00:35:18,717 --> 00:35:21,551
by opposing counsel, but...
800
00:35:21,553 --> 00:35:24,321
BREWER:
Transcripts never
mentioned his name.
801
00:35:24,323 --> 00:35:25,655
Are they admissible?
802
00:35:25,657 --> 00:35:27,591
C.P.L. section 6-70-10.
803
00:35:27,593 --> 00:35:30,560
"Testimony given pursuant
to a conditional examination
804
00:35:30,562 --> 00:35:32,596
"is admissible
when the witness
805
00:35:32,598 --> 00:35:35,398
"is unable
to attend the trial
806
00:35:35,400 --> 00:35:38,135
"because of death, illness,
incapacity, or is outside
807
00:35:38,137 --> 00:35:40,570
"the state and cannot
with due diligence be brought
808
00:35:40,572 --> 00:35:44,541
before the court."
Interesting.
809
00:35:44,543 --> 00:35:45,775
This is outrageous!
810
00:35:45,777 --> 00:35:48,445
It's unethical,
not to mention prejudicial!
811
00:35:48,447 --> 00:35:49,679
Screaming doesn't make it
812
00:35:49,681 --> 00:35:51,548
inadmissible.
813
00:35:51,549 --> 00:35:53,416
We subpoenaed the witness
to testify,
814
00:35:53,418 --> 00:35:55,585
but it seems he's relocated.
815
00:35:55,587 --> 00:35:56,553
Address unknown.
816
00:35:56,555 --> 00:35:58,455
His attorney suspects
817
00:35:58,457 --> 00:35:59,723
he's gone out of state.
818
00:35:59,725 --> 00:36:01,424
And I suspect
819
00:36:01,426 --> 00:36:03,793
we got major league manipulation
going on.
820
00:36:03,795 --> 00:36:06,696
JUDGE STRELZIK:
You're free to appeal.
821
00:36:06,698 --> 00:36:10,534
The requirements of C.P.L. 6-70
have been satisfied.
822
00:36:10,536 --> 00:36:12,702
The witnesses
prior sworn testimony
823
00:36:12,704 --> 00:36:15,672
can be read into evidence.
824
00:36:15,674 --> 00:36:19,376
HARRIS ( on tape ):
I've already given you $50,000.
825
00:36:19,378 --> 00:36:21,645
I don't really give a damn.
COLSON:
826
00:36:21,647 --> 00:36:24,681
or that closet door
It's another 25,
827
00:36:24,683 --> 00:36:26,583
swings wide open, my friend.
828
00:36:26,585 --> 00:36:27,918
The messenger will be there
829
00:36:27,920 --> 00:36:29,719
tomorrow at 5:00.
830
00:36:31,590 --> 00:36:35,592
First of all, you've got
to get a jury to buy it.
831
00:36:35,594 --> 00:36:37,594
After the judge instructs them
832
00:36:37,596 --> 00:36:40,463
about the weight
this evidence should be given.
833
00:36:40,465 --> 00:36:43,667
Your client will be convicted
of larceny by extortion.
834
00:36:43,669 --> 00:36:45,969
It won't take
a major leap of faith
835
00:36:45,971 --> 00:36:47,971
to construct
a convincing argument
836
00:36:47,973 --> 00:36:51,408
for murder two.
You're dreaming.
837
00:36:51,410 --> 00:36:52,909
If you want something enough
838
00:36:52,911 --> 00:36:55,545
dreams have a way
of coming true.
839
00:36:55,547 --> 00:36:57,614
Want to take that chance,
Counselor?
840
00:36:57,616 --> 00:36:58,882
What are you offering?
841
00:36:58,884 --> 00:37:01,618
about the murder
If he didn't know
842
00:37:01,620 --> 00:37:04,888
and he gives us Dwyer,
grand larceny three.
843
00:37:09,528 --> 00:37:10,727
It was all Dwyer.
844
00:37:10,729 --> 00:37:12,996
I never wanted
to kill the guy.
845
00:37:12,998 --> 00:37:14,965
You were part
of the blackmail?
846
00:37:14,967 --> 00:37:16,700
Dwyer's brainstorming.
847
00:37:16,702 --> 00:37:18,902
I was desperate.
848
00:37:18,904 --> 00:37:21,671
The economy went south,
my business went with it.
849
00:37:21,673 --> 00:37:24,608
I was in a hole--
mortgaage, child support.
850
00:37:24,610 --> 00:37:26,509
How much
did you collect?
851
00:37:26,511 --> 00:37:27,711
Fifty grand each.
852
00:37:27,713 --> 00:37:29,746
You and Dwyer
853
00:37:29,748 --> 00:37:31,481
would split it?
854
00:37:31,483 --> 00:37:33,917
My ex moved for
an upward modification
855
00:37:33,919 --> 00:37:35,919
of our settlement agreement.
856
00:37:35,921 --> 00:37:37,654
I needed cash.
857
00:37:37,656 --> 00:37:40,523
I didn't expect Dwyer's release
until September.
858
00:37:40,525 --> 00:37:42,659
I came up short.
859
00:37:42,661 --> 00:37:44,594
You went back to Vogel for more?
860
00:37:44,596 --> 00:37:46,763
But he wasn't buying.
861
00:37:46,765 --> 00:37:48,498
He had enough.
862
00:37:48,500 --> 00:37:49,799
Dwyer took care of him.
863
00:37:49,801 --> 00:37:51,718
You're still
an accomplice.
864
00:37:51,719 --> 00:37:53,636
I need more than your testimony
to convict.
865
00:37:53,639 --> 00:37:55,505
You want corroboration?
866
00:37:55,507 --> 00:37:57,674
You talk to the old man.
867
00:37:57,676 --> 00:37:58,908
What?
868
00:37:58,910 --> 00:38:01,011
Dwyer made a house call.
869
00:38:01,013 --> 00:38:04,447
He talked to Edward Vogel?
870
00:38:04,449 --> 00:38:06,616
Daddy paid the bill directly.
871
00:38:06,618 --> 00:38:08,852
That's when junior
went ballistic
872
00:38:08,854 --> 00:38:10,854
and said he'd turn us in.
873
00:38:10,856 --> 00:38:12,756
Next thing I knew
874
00:38:12,758 --> 00:38:15,759
I was reading about it
in the Post.
875
00:38:17,562 --> 00:38:20,030
That son of a bitch.
876
00:38:20,032 --> 00:38:21,698
And you
believed him?
877
00:38:21,700 --> 00:38:23,566
Any reason
i shouldn't?
878
00:38:23,568 --> 00:38:25,602
He's admitted to
blackmail, for one.
879
00:38:25,604 --> 00:38:27,604
your bank records.
We've checked
880
00:38:27,606 --> 00:38:29,706
You made
a large withdrawal
881
00:38:29,708 --> 00:38:31,708
the day before
Jim was killed.
882
00:38:31,710 --> 00:38:32,709
You knew all along.
883
00:38:32,711 --> 00:38:33,910
With your testimony
884
00:38:33,912 --> 00:38:36,646
we could have gone to trial
three weeks ago.
885
00:38:36,648 --> 00:38:37,947
Watch your tone, sir.
886
00:38:37,949 --> 00:38:40,583
I pick up the phone
887
00:38:40,585 --> 00:38:42,485
and your license
to be holier
888
00:38:42,487 --> 00:38:44,087
than everybody else
on this planet
889
00:38:44,089 --> 00:38:46,756
can be used to wallpaper
the sewer.
890
00:38:49,995 --> 00:38:51,761
Your son is dead, sir.
891
00:38:51,763 --> 00:38:53,730
You're protecting his killers.
892
00:38:53,732 --> 00:38:55,765
That's my business,
Mr. Stone,
893
00:38:55,767 --> 00:38:59,035
and I intend
to keep it that way.
894
00:39:03,608 --> 00:39:05,675
Good day, gentlemen.
895
00:39:06,712 --> 00:39:09,879
The bastard's done everything
he can to stop us.
896
00:39:09,881 --> 00:39:12,115
It's his son.
897
00:39:12,117 --> 00:39:14,050
I can't believe...
898
00:39:14,052 --> 00:39:15,852
He paid Murphy's legal fees.
899
00:39:15,854 --> 00:39:17,520
To open up
a courtroom?
900
00:39:17,522 --> 00:39:18,688
Doesn't make sense.
901
00:39:18,690 --> 00:39:19,989
Think it through.
902
00:39:19,991 --> 00:39:22,308
With the press in the courtroom,
903
00:39:22,309 --> 00:39:24,626
there's no way
George Harris testifies.
Without his testimony,
904
00:39:24,629 --> 00:39:26,696
we can't go to trial.
905
00:39:26,697 --> 00:39:28,764
No one ever knows
that the boy was gay.
906
00:39:28,767 --> 00:39:30,800
He'd rather see Dwyer
and Colson go free
907
00:39:30,802 --> 00:39:34,604
than tarnish his good name.
Sure,
political necessity.
908
00:39:34,606 --> 00:39:37,040
You don't survive
as long as he did
909
00:39:37,042 --> 00:39:38,775
without keeping
your hamper closed.
910
00:39:38,777 --> 00:39:40,810
It's about to open up.
911
00:39:40,812 --> 00:39:42,379
I served him
912
00:39:42,381 --> 00:39:43,847
with a subpoena.
913
00:39:43,849 --> 00:39:48,651
Ah, that explains
why he's got a call into me.
914
00:39:48,653 --> 00:39:50,787
A subpoena?
915
00:39:50,789 --> 00:39:53,123
Really, Adam.
916
00:39:53,125 --> 00:39:55,091
Without
your testimony
917
00:39:55,093 --> 00:39:57,827
the murder case disappears.
918
00:39:57,829 --> 00:40:01,798
I'm familiar with
how city business is conducted.
919
00:40:01,800 --> 00:40:03,700
You're probably
also aware
920
00:40:03,702 --> 00:40:09,706
that my office doesn't service
anyone's personal agenda.
921
00:40:09,708 --> 00:40:12,409
Not anyone's?
922
00:40:12,411 --> 00:40:16,813
16 Years ago, I pulled
your name out of a hat.
923
00:40:16,815 --> 00:40:19,682
Save the backroom marker crap;
it's too late for that.
924
00:40:19,684 --> 00:40:22,852
What you did had nothing to do
with my getting this office
925
00:40:22,854 --> 00:40:24,821
or with my keeping it.
926
00:40:24,823 --> 00:40:26,956
Fine.
927
00:40:26,958 --> 00:40:30,427
A favor, then, for a friend.
928
00:40:30,429 --> 00:40:32,662
Call off the dogs.
929
00:40:38,437 --> 00:40:41,604
I keep this picture of Jim
on my desk.
930
00:40:41,606 --> 00:40:43,006
Graduation day, Columbia.
931
00:40:43,008 --> 00:40:46,643
He's standing there
with his arms around his mother.
932
00:40:46,645 --> 00:40:51,448
Damn it, Adam, he looks
just like everybody else.
933
00:40:51,450 --> 00:40:53,850
I've spent my life
protecting him.
934
00:40:53,852 --> 00:40:56,453
From what?
935
00:40:56,455 --> 00:41:01,624
Your shame put the knife
into Dwyer's hand,
936
00:41:01,626 --> 00:41:02,959
and there's no way
937
00:41:02,961 --> 00:41:06,796
I'm going to let that
keep him out of jail.
938
00:41:07,899 --> 00:41:10,867
I've known you for 25 years, Ed,
939
00:41:10,869 --> 00:41:14,938
and I'm telling you now,
you don't testify tomorrow,
940
00:41:14,940 --> 00:41:18,074
you're going to go to jail
for contempt.
941
00:41:20,979 --> 00:41:24,747
Mr. Vogel, when did you first
make contact
942
00:41:24,749 --> 00:41:27,684
with the defendant Harold Dwyer?
943
00:41:36,862 --> 00:41:40,697
Permission to treat this witness
as hostile, Your Honor?
944
00:41:40,699 --> 00:41:43,766
Go ahead, Mr. Stone.
945
00:41:43,768 --> 00:41:46,069
Isn't it true
that your son
946
00:41:46,071 --> 00:41:48,238
borrowed $50,000 from you?
947
00:41:55,046 --> 00:41:58,114
I can enter the bank statements
as evidence...
948
00:41:58,116 --> 00:41:59,916
Yes, he was my son.
949
00:41:59,918 --> 00:42:01,217
I lent him money.
950
00:42:01,219 --> 00:42:03,253
Did he say what it was for?
951
00:42:03,255 --> 00:42:05,288
ridiculous.
This is
952
00:42:05,290 --> 00:42:09,526
Your Honor, this witness
has nothing to offer.
953
00:42:09,528 --> 00:42:12,729
We can hold you
in contempt, sir.
954
00:42:21,206 --> 00:42:24,274
Did you love your son,
Mr. Vogel?
955
00:42:27,779 --> 00:42:29,746
Yes.
956
00:42:31,216 --> 00:42:33,216
Very much.
957
00:42:33,218 --> 00:42:35,785
You proud of him?
958
00:42:37,222 --> 00:42:40,123
Jimmy could have been mayor.
959
00:42:41,893 --> 00:42:45,128
He was smart
and everybody liked him.
960
00:42:47,299 --> 00:42:52,168
I thought it would be best
if we kept it all quiet.
961
00:42:52,170 --> 00:42:54,771
Quiet about what?
962
00:42:58,810 --> 00:43:01,077
That he was gay.
963
00:43:03,915 --> 00:43:06,916
I would have paid any amount.
964
00:43:06,918 --> 00:43:09,819
At first,
Jimmy went along with it.
965
00:43:09,821 --> 00:43:12,088
He wanted me to be proud.
966
00:43:19,264 --> 00:43:22,298
I mean...
967
00:43:22,300 --> 00:43:25,768
he didn't want me
to be embarr...
968
00:43:25,770 --> 00:43:27,837
embarrassed.
969
00:43:30,241 --> 00:43:32,141
After all the...
970
00:43:32,143 --> 00:43:34,143
( clearing throat )
971
00:43:34,145 --> 00:43:36,145
after all the years of pain
972
00:43:36,147 --> 00:43:38,214
he didn't care anymore.
973
00:43:38,216 --> 00:43:42,051
He told me it was his life,
not mine.
974
00:43:42,053 --> 00:43:46,990
They asked him for more money
and Jimmy refused.
975
00:43:48,059 --> 00:43:50,293
And then what happened?
976
00:43:52,163 --> 00:43:55,331
The defendant, Mr. Dwyer,
came to me.
977
00:43:56,301 --> 00:44:00,336
50 Grand
or it's all over the news.
978
00:44:00,338 --> 00:44:02,372
And you paid him?
979
00:44:05,176 --> 00:44:08,177
Yes... yes.
980
00:44:08,179 --> 00:44:11,214
How did your son
react to that?
981
00:44:11,216 --> 00:44:13,650
He was angry.
982
00:44:13,652 --> 00:44:17,020
He called
Mr. Dwyer
983
00:44:17,022 --> 00:44:18,321
from my office
984
00:44:18,323 --> 00:44:21,190
and said he'd go to the police
985
00:44:21,192 --> 00:44:24,193
if Dwyer
didn't return the money.
986
00:44:24,195 --> 00:44:27,363
Well, then what did
Mr. Dwyer do?
987
00:44:27,365 --> 00:44:30,433
He said he'd been in jail
for six years
988
00:44:30,435 --> 00:44:32,235
and there was no way
989
00:44:32,237 --> 00:44:34,237
he was going back.
990
00:44:38,143 --> 00:44:41,010
The next day, they found Jimmy.
991
00:44:56,294 --> 00:44:59,028
Will the defendant please rise?
992
00:45:04,269 --> 00:45:07,170
On the first count
of the indictment
993
00:45:07,172 --> 00:45:09,305
grand larceny
in the second degree
994
00:45:09,307 --> 00:45:12,341
how do you find?
995
00:45:12,343 --> 00:45:15,344
We find the defendant guilty.
996
00:45:15,346 --> 00:45:18,181
On the second count
of the indictment
997
00:45:18,183 --> 00:45:21,317
murder in the second degree,
how do you find?
998
00:45:21,319 --> 00:45:24,187
We find the defendant guilty.
999
00:45:41,239 --> 00:45:45,174
Deep down, Ed Vogel truly
believes he loved his son.
1000
00:45:45,176 --> 00:45:46,909
You don't think
he did.
1001
00:45:46,911 --> 00:45:48,277
Acceptance before love,
right?
1002
00:45:48,279 --> 00:45:51,914
A son is not merely an extension
of his father's ego.
1003
00:45:51,916 --> 00:45:53,216
That's a law
of nature.
1004
00:45:53,218 --> 00:45:56,219
Sons go to extremes
to please their fathers.
1005
00:45:56,221 --> 00:45:58,755
My father wanted me
to be a doctor.
1006
00:45:58,757 --> 00:46:01,758
I went so far as
to study organic chemistry.
1007
00:46:01,760 --> 00:46:03,159
What happened?
1008
00:46:03,161 --> 00:46:04,527
I grew up.
1009
00:46:04,529 --> 00:46:07,363
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1010
00:46:07,365 --> 00:46:10,433
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