1 00:00:01,135 --> 00:00:03,071 (male announcer) In the criminal justice system, 2 00:00:03,104 --> 00:00:05,139 the people are represented by two separate 3 00:00:05,173 --> 00:00:07,141 yet equally important groups: 4 00:00:07,175 --> 00:00:08,742 the police, who investigate crime; 5 00:00:08,776 --> 00:00:11,612 and the district attorneys, who prosecute the offenders. 6 00:00:11,645 --> 00:00:13,481 These are their stories. 7 00:00:16,150 --> 00:00:18,286 Honey? 8 00:00:27,795 --> 00:00:28,829 Oh, my God. 9 00:00:28,862 --> 00:00:31,165 Philip? 10 00:00:42,110 --> 00:00:43,677 [gasps] 11 00:00:43,711 --> 00:00:46,214 [sobbing] 12 00:00:50,884 --> 00:00:51,852 [glass breaking] 13 00:00:51,885 --> 00:00:54,355 [screaming] 14 00:00:54,388 --> 00:00:57,225 Help me! Help! 15 00:00:57,258 --> 00:00:59,660 D.O.A.'s Philip Messick, 55. 16 00:00:59,693 --> 00:01:01,229 Guy put up a good fight. 17 00:01:01,262 --> 00:01:02,596 Who called it in? Upstairs neighbor. 18 00:01:02,630 --> 00:01:03,497 Heard the wife screaming. 19 00:01:03,531 --> 00:01:05,599 How is the wife? Stabbed multiple times. 20 00:01:05,633 --> 00:01:07,668 Circling the drain at Roosevelt ICU. 21 00:01:07,701 --> 00:01:08,802 They tossed the place pretty good. 22 00:01:08,836 --> 00:01:11,239 Hey, did the neighbor hear anything past the screaming? 23 00:01:11,272 --> 00:01:12,340 Yeah, a car screech away. 24 00:01:12,373 --> 00:01:14,208 Robbery gone bad. 25 00:01:15,476 --> 00:01:19,547 Our DOA kept some interesting company. 26 00:01:19,580 --> 00:01:22,416 The guy he's with in this picture is Jack Vitale, 27 00:01:22,450 --> 00:01:24,485 a made member of the Gambinos. 28 00:01:24,518 --> 00:01:26,120 So we're looking for somebody stupid enough 29 00:01:26,154 --> 00:01:27,621 to rip off a mob associate. 30 00:01:27,655 --> 00:01:30,258 Or cover up a mob hit. 31 00:02:21,209 --> 00:02:22,876 She was in acute hemorrhagic shock 32 00:02:22,910 --> 00:02:23,711 when they wheeled her in. 33 00:02:23,744 --> 00:02:25,313 Thought for sure we'd be calling it. 34 00:02:25,346 --> 00:02:26,780 Did she say anything at all? 35 00:02:26,814 --> 00:02:28,882 Not to me, but my concern was getting her on the table. 36 00:02:28,916 --> 00:02:30,484 She was down a liter of blood 37 00:02:30,518 --> 00:02:32,486 with eight deep, penetrating wounds. 38 00:02:32,520 --> 00:02:33,787 But it was her lucky day. 39 00:02:33,821 --> 00:02:35,689 Deep cuts missed the majors. 40 00:02:35,723 --> 00:02:37,391 Well, whoever did this thought they were tying up 41 00:02:37,425 --> 00:02:38,559 all the loose ends. 42 00:02:38,592 --> 00:02:40,328 Well, they didn't. She's conscious. 43 00:02:40,361 --> 00:02:42,396 Stabilized faster than I thought she would. 44 00:02:42,430 --> 00:02:43,531 That's why I called. 45 00:02:43,564 --> 00:02:44,965 Well, thank you, Doctor. We appreciate it. 46 00:02:44,998 --> 00:02:47,368 Just take it easy. Room's getting crowded. 47 00:02:47,401 --> 00:02:48,636 Who's in there? One of yours. 48 00:02:48,669 --> 00:02:50,271 Got here 20 minutes ago. 49 00:02:53,641 --> 00:02:54,808 Hey, fellas. 50 00:02:54,842 --> 00:02:56,844 Bob Cerullo, friend of the family. 51 00:02:56,877 --> 00:02:58,946 How you doing, man? You on the job? 52 00:02:58,979 --> 00:03:00,581 Retired out of the Seven-Four. 53 00:03:00,614 --> 00:03:01,649 Listen, if she's able, 54 00:03:01,682 --> 00:03:03,417 we'd like to ask her a few questions. 55 00:03:03,451 --> 00:03:04,818 So if you can give us some time. 56 00:03:06,620 --> 00:03:08,622 Can he stay? 57 00:03:08,656 --> 00:03:10,958 Okay. That's fine. 58 00:03:12,993 --> 00:03:14,928 Mrs. Messick... 59 00:03:14,962 --> 00:03:16,897 Do you know the men who did this to you? 60 00:03:16,930 --> 00:03:18,999 No. 61 00:03:19,032 --> 00:03:21,902 Did you get a good look at them? 62 00:03:21,935 --> 00:03:24,838 White. 20s. 63 00:03:24,872 --> 00:03:26,540 Did you get a good look at a face? 64 00:03:26,574 --> 00:03:29,877 One of them... pretty good. 65 00:03:29,910 --> 00:03:31,845 Would you recognize him if you saw him again? 66 00:03:34,415 --> 00:03:36,884 Do you think that your husband may have known the men? 67 00:03:36,917 --> 00:03:38,919 No. 68 00:03:38,952 --> 00:03:42,456 Phil was everybody's friend. 69 00:03:42,490 --> 00:03:45,926 They were married 15 years. 70 00:03:45,959 --> 00:03:48,962 You know, maybe she's not up to this yet. 71 00:03:48,996 --> 00:03:50,931 We have just one more question, 72 00:03:50,964 --> 00:03:52,866 then we'll be on our way. 73 00:03:55,869 --> 00:03:58,706 Does the name John Vitale mean anything to you? 74 00:03:58,739 --> 00:04:02,510 They grew up together. 75 00:04:02,543 --> 00:04:04,378 You mean her husband and John Vitale? 76 00:04:04,412 --> 00:04:05,846 In Bensonhurst. 77 00:04:05,879 --> 00:04:10,718 [groans] Johnny wouldn't do this. 78 00:04:10,751 --> 00:04:12,620 Thank you, Mrs. Messick. We'll be in touch. 79 00:04:15,856 --> 00:04:17,725 You looking at wiseguys for this? 80 00:04:17,758 --> 00:04:19,627 No, we're just asking the question. 81 00:04:19,660 --> 00:04:21,495 Phil Messick wasn't hooked up. 82 00:04:21,529 --> 00:04:22,930 Then why do you suppose he's hanging around 83 00:04:22,963 --> 00:04:23,931 with connected guys? 84 00:04:23,964 --> 00:04:25,566 Like I said, he grew up with guys 85 00:04:25,599 --> 00:04:26,834 who went in that direction. 86 00:04:26,867 --> 00:04:28,569 Other guys went straight, like myself. 87 00:04:28,602 --> 00:04:29,803 You two go way back? 88 00:04:29,837 --> 00:04:30,971 Grade school. 89 00:04:31,004 --> 00:04:33,006 And if you went down his block or mine, 90 00:04:33,040 --> 00:04:35,709 at one house, everybody went to the police academy, 91 00:04:35,743 --> 00:04:37,711 at the next, they're all criminals. 92 00:04:37,745 --> 00:04:38,846 My life story. 93 00:04:38,879 --> 00:04:40,681 What did Messick go into? 94 00:04:40,714 --> 00:04:42,316 Accounting, C.P.A. 95 00:04:42,350 --> 00:04:45,052 He was a square, a good guy. 96 00:04:45,085 --> 00:04:47,421 A decent guy. 97 00:04:47,455 --> 00:04:49,390 List of stolen goods from the insurance company, 98 00:04:49,423 --> 00:04:52,926 household electronics: stereo, computer, flat panel TV. 99 00:04:52,960 --> 00:04:54,762 Anything past theft for motive? 100 00:04:54,795 --> 00:04:56,330 We're looking into some of his friends, 101 00:04:56,364 --> 00:04:57,164 business associates. 102 00:04:57,197 --> 00:04:58,966 He knew some very interesting people. 103 00:04:58,999 --> 00:05:00,534 He was an accountant for Kenny Genovese 104 00:05:00,568 --> 00:05:02,002 and John Vitale. 105 00:05:02,035 --> 00:05:04,438 Gambino family, mid-level workers. 106 00:05:04,472 --> 00:05:06,039 You thinking a possible hit? 107 00:05:06,073 --> 00:05:08,676 With robbery as a cover-up, it's worth considering. 108 00:05:08,709 --> 00:05:09,710 Or on the other hand, 109 00:05:09,743 --> 00:05:10,711 Messick grew up with these dudes in Bensonhurst, 110 00:05:10,744 --> 00:05:12,946 and he could have just been their accountant. 111 00:05:12,980 --> 00:05:15,082 Did he live like a gangster? 112 00:05:15,115 --> 00:05:16,717 He lived decent, not outrageous. 113 00:05:16,750 --> 00:05:17,785 I mean, he's been married for 15 years, 114 00:05:17,818 --> 00:05:19,987 and most mobsters don't leave witnesses behind. 115 00:05:20,020 --> 00:05:22,623 Yeah, a witness they thought they killed. 116 00:05:22,656 --> 00:05:24,358 Listen, go to Messick's funeral. 117 00:05:24,392 --> 00:05:25,292 See who his friends were. 118 00:05:25,325 --> 00:05:29,563 And take Ostrover from Organized Crime. 119 00:05:29,597 --> 00:05:32,933 Ray Antonelli. He's with the Gambinos. 120 00:05:32,966 --> 00:05:33,834 Used to handle some loan-sharking. 121 00:05:33,867 --> 00:05:36,103 But he's out of the game to a large extent. 122 00:05:36,136 --> 00:05:38,772 Pauly Wilson, does collections up in the Bronx 123 00:05:38,806 --> 00:05:40,941 under guise of running a drycleaners. 124 00:05:40,974 --> 00:05:42,910 It's quite a send-off for an accountant. 125 00:05:42,943 --> 00:05:45,746 Messick and the Gambino crew seem to be pals. 126 00:05:45,779 --> 00:05:46,880 Did you ever hear of him burning anybody, 127 00:05:46,914 --> 00:05:48,516 anything like that? 128 00:05:48,549 --> 00:05:50,418 (Ostrover) Nah, we were surprised by the murder. 129 00:05:50,451 --> 00:05:51,952 There was no warning. 130 00:05:51,985 --> 00:05:54,522 The guy in the pinstripes, on the top of the stairs... 131 00:05:54,555 --> 00:05:56,056 He worked O.C. for two years. 132 00:05:56,089 --> 00:05:57,791 (Green) That's Bob Cerullo. 133 00:05:57,825 --> 00:05:59,860 He said he was a friend of the family. 134 00:05:59,893 --> 00:06:02,430 How friendly do you think he was with the Gambinos? 135 00:06:02,463 --> 00:06:04,698 He grew up with a lot of guys that got made, 136 00:06:04,732 --> 00:06:07,134 gave him an inside edge when we were tracking dirt. 137 00:06:07,167 --> 00:06:10,170 (Fontana) Hey, do you have any Gambino associates on the arm? 138 00:06:10,203 --> 00:06:12,940 We're looking for an interaction between Messick 139 00:06:12,973 --> 00:06:14,775 and the Gambino family. 140 00:06:14,808 --> 00:06:16,544 Greg Muggio. 141 00:06:16,577 --> 00:06:18,946 He just got nailed for running a Ponzi scheme, 142 00:06:18,979 --> 00:06:21,649 cost 1,000 retirees their life savings. 143 00:06:21,682 --> 00:06:22,983 Where's he locked up? 144 00:06:23,016 --> 00:06:24,518 He's out on bail awaiting trial. 145 00:06:24,552 --> 00:06:26,153 But he's inclined to be chatty. 146 00:06:26,186 --> 00:06:28,922 Anything to reduce the time he knows he's gonna do. 147 00:06:32,593 --> 00:06:34,061 I'm in the rag trade, legit. 148 00:06:34,094 --> 00:06:37,565 When Messick did my returns, the IRS audits stopped. 149 00:06:37,598 --> 00:06:38,932 Guy was a genius. 150 00:06:38,966 --> 00:06:40,834 A genius at what, cleaning dirty money? 151 00:06:40,868 --> 00:06:42,836 Messick was on the up and up. 152 00:06:42,870 --> 00:06:45,839 That's why me and the guys went to him. 153 00:06:45,873 --> 00:06:46,774 And he didn't make any mistakes 154 00:06:46,807 --> 00:06:48,909 that would lead to him getting carved up? 155 00:06:48,942 --> 00:06:50,678 Messick didn't screw up. 156 00:06:50,711 --> 00:06:51,912 He didn't take anybody's money. 157 00:06:51,945 --> 00:06:53,514 He didn't bang the wrong girl. 158 00:06:53,547 --> 00:06:55,082 Didn't rat anybody out. 159 00:06:55,115 --> 00:06:57,184 His murder was a tragedy. 160 00:06:57,217 --> 00:06:58,852 Whoever did it, 161 00:06:58,886 --> 00:07:03,691 you cops better hope you get to them first. 162 00:07:03,724 --> 00:07:06,126 Hey, hey, don't take off your coats. 163 00:07:06,159 --> 00:07:08,028 Messick's stolen property showed up 164 00:07:08,061 --> 00:07:09,997 at a pawn shop on Rivington, 165 00:07:10,030 --> 00:07:11,865 and they found a clean set of bloody prints 166 00:07:11,899 --> 00:07:13,901 that came back to a Darrell Dennehy. 167 00:07:13,934 --> 00:07:16,003 He's got a long sheet, but it's mostly burglaries 168 00:07:16,036 --> 00:07:17,204 and trespassing-- there's nothing violent. 169 00:07:17,237 --> 00:07:18,672 He stepped up his game. 170 00:07:18,706 --> 00:07:19,807 You have an address? 171 00:07:19,840 --> 00:07:21,942 Bogus, but his P.O.'s waiting to see you. 172 00:07:21,975 --> 00:07:23,143 All right. 173 00:07:25,212 --> 00:07:27,180 Dennehy's been been regular to his report day 174 00:07:27,214 --> 00:07:28,015 the last two weeks, 175 00:07:28,048 --> 00:07:30,150 failed his drug screen both times. 176 00:07:30,183 --> 00:07:32,886 No record of employment or proof of applying for same. 177 00:07:32,920 --> 00:07:33,921 Hey, when's his next visit? 178 00:07:33,954 --> 00:07:36,590 Uh...four hours? 179 00:07:36,624 --> 00:07:37,891 My guess, he'll show. 180 00:07:37,925 --> 00:07:39,192 He knows he has to pass his drug test. 181 00:07:39,226 --> 00:07:42,596 Three failures means a bus back upstate. 182 00:07:42,630 --> 00:07:44,197 [phone rings] 183 00:07:44,231 --> 00:07:45,533 [coughs] 184 00:07:45,566 --> 00:07:46,567 Darrell Dennehy, come here. 185 00:07:46,600 --> 00:07:47,901 What, what? Come here! 186 00:07:47,935 --> 00:07:49,903 What did I do? Legs! 187 00:07:49,937 --> 00:07:51,839 We'll talk about it at the station. 188 00:07:51,872 --> 00:07:53,240 Guys, if this is about the drug test, 189 00:07:53,273 --> 00:07:54,341 you know, I got another shot. 190 00:07:54,374 --> 00:07:56,977 You think we came here because you failed a piss test? 191 00:07:57,010 --> 00:07:59,980 Where were you Thursday night 192 00:08:00,013 --> 00:08:00,948 at 7:00? 193 00:08:00,981 --> 00:08:02,115 Ow! 194 00:08:02,149 --> 00:08:03,917 Did you hear him? 195 00:08:03,951 --> 00:08:05,719 Or was that question too tough for you? 196 00:08:05,753 --> 00:08:07,855 I don't remember where I was this morning, 197 00:08:07,888 --> 00:08:08,922 let alone Thursday. 198 00:08:08,956 --> 00:08:10,891 Were you on the Upper West Side? 199 00:08:10,924 --> 00:08:12,893 I can't remember that. 200 00:08:12,926 --> 00:08:14,762 Do you know a man named Philip Messick, 201 00:08:14,795 --> 00:08:15,963 or his wife Valerie? 202 00:08:15,996 --> 00:08:17,931 Can't say that I do, no. 203 00:08:17,965 --> 00:08:19,299 Interesting, so how did your bloody fingerprint 204 00:08:19,332 --> 00:08:21,669 end up on their stereo receiver? 205 00:08:23,136 --> 00:08:24,905 In Messick's blood, no less. 206 00:08:24,938 --> 00:08:26,974 Now, how the hell would a thing like that happen? 207 00:08:28,041 --> 00:08:30,143 I picked that stereo up off the street. 208 00:08:30,177 --> 00:08:32,045 [both laugh] 209 00:08:32,079 --> 00:08:33,947 That's a good answer, so maybe you can explain to us 210 00:08:33,981 --> 00:08:35,916 how your shoeprint ended up all over their brownstone? 211 00:08:35,949 --> 00:08:37,585 Was that your evil twin? 212 00:08:37,618 --> 00:08:39,820 You don't have the sheet of a killer, 213 00:08:39,853 --> 00:08:42,022 and you don't have that killer look in your eye. 214 00:08:42,055 --> 00:08:44,925 And we know that there were two of you in that brownstone. 215 00:08:44,958 --> 00:08:46,727 And since we got to you first, 216 00:08:46,760 --> 00:08:48,662 we gonna give you first crack at a deal. 217 00:08:48,696 --> 00:08:50,130 And don't tell us any lies, because that lady 218 00:08:50,163 --> 00:08:53,634 that you slashed eight times survived. 219 00:08:53,667 --> 00:08:55,969 I didn't touch her. And I didn't touch the guy. 220 00:08:56,003 --> 00:08:57,905 I was just there to help carry the heavy stuff. 221 00:08:57,938 --> 00:09:01,875 It was just a robbery. TVs, stereos, and drive the van. 222 00:09:01,909 --> 00:09:03,911 Okay, so what happened? 223 00:09:03,944 --> 00:09:06,179 We started going through the house, 224 00:09:06,213 --> 00:09:09,049 and this guy comes out of the bathroom. 225 00:09:09,082 --> 00:09:11,919 And, uh, Jay, he goes nuts. 226 00:09:11,952 --> 00:09:12,953 He goes off on him. 227 00:09:12,986 --> 00:09:14,021 Jay? 228 00:09:14,054 --> 00:09:17,057 Fleckner. That's the guy who brought me in on this. 229 00:09:17,090 --> 00:09:19,860 But a robbery-- it was just a robbery. 230 00:09:19,893 --> 00:09:21,128 How much cash? 231 00:09:21,161 --> 00:09:23,063 Five grand. 232 00:09:23,096 --> 00:09:24,665 And now he's out there spending it without you. 233 00:09:24,698 --> 00:09:26,600 That's a damn shame. 234 00:09:26,634 --> 00:09:29,002 Where do we find Jay? 235 00:09:32,806 --> 00:09:35,575 [hair dryer running] 236 00:09:50,958 --> 00:09:51,925 [hair dryer stops] 237 00:09:51,959 --> 00:09:53,994 Cheap piece of garbage. 238 00:09:54,027 --> 00:09:56,263 (Fontana) Blink, I'll put your brains on the bed. 239 00:09:56,296 --> 00:09:57,631 (Green) Put your hands up! 240 00:09:57,665 --> 00:09:58,999 Now get up! 241 00:10:04,972 --> 00:10:07,407 There's an awful lot of blood in that water. 242 00:10:07,440 --> 00:10:08,676 Cut myself shaving. 243 00:10:08,709 --> 00:10:09,977 We're gonna give you plenty of time 244 00:10:10,010 --> 00:10:10,844 to work on that story. 245 00:10:10,878 --> 00:10:13,080 I got nothing to say. I want a lawyer. 246 00:10:13,113 --> 00:10:15,215 (Fontana) Get him the hell out of here. 247 00:10:25,458 --> 00:10:27,795 (Green) Take your time, Mrs. Messick. 248 00:10:31,832 --> 00:10:33,767 (Fontana) Do you recognize any of these men 249 00:10:33,801 --> 00:10:34,968 as the man who attacked you 250 00:10:35,002 --> 00:10:36,970 in your apartment that night? 251 00:10:37,004 --> 00:10:40,373 (Green) Do you need to sit down, ma'am? 252 00:10:45,278 --> 00:10:46,914 (Valerie) Number two. 253 00:10:46,947 --> 00:10:49,917 He's the man who cut me. 254 00:10:55,889 --> 00:10:56,990 (Fontana) Okay. 255 00:11:03,430 --> 00:11:05,265 Jay Fleckner was remanded. 256 00:11:05,298 --> 00:11:07,367 His lawyer says he's not interested in a deal. 257 00:11:07,400 --> 00:11:09,803 He forget Valerie Messick I.D.'d him? 258 00:11:09,837 --> 00:11:12,172 Or the sink full of Messick's bloody cash 259 00:11:12,205 --> 00:11:13,440 in his hotel room? 260 00:11:13,473 --> 00:11:15,909 The lawyer says Fleckner's very volatile. 261 00:11:15,943 --> 00:11:18,111 He doesn't care. He wants to take his chances. 262 00:11:18,145 --> 00:11:21,414 How we doing with his accomplice, Darrell Dennehy? 263 00:11:21,448 --> 00:11:22,783 As far testifying, 264 00:11:22,816 --> 00:11:24,384 he's questionable credibility-wise. 265 00:11:24,417 --> 00:11:27,120 Still, he was there in the house with Fleckner, 266 00:11:27,154 --> 00:11:28,856 and hopefully he's been around the block enough 267 00:11:28,889 --> 00:11:31,224 [cell phone rings] to know when to deal. 268 00:11:31,258 --> 00:11:34,361 It's Lieutenant Van Buren. 269 00:11:34,394 --> 00:11:36,329 The bloody money in Fleckner's hotel room 270 00:11:36,363 --> 00:11:39,933 showed trace marks our lab techs couldn't identify. 271 00:11:39,967 --> 00:11:43,303 So they passed the bills over to Treasury for analysis. 272 00:11:43,336 --> 00:11:44,504 What did they find? 273 00:11:44,537 --> 00:11:46,439 Well, the bills have been serialized, 274 00:11:46,473 --> 00:11:48,776 watermarked, and floated by the Feds 275 00:11:48,809 --> 00:11:51,378 to track a money laundering stream. 276 00:11:51,411 --> 00:11:54,414 Well, how did the cash wind up at Messick's apartment? 277 00:11:54,447 --> 00:11:56,349 The feds said it was first used to buy ecstasy 278 00:11:56,383 --> 00:11:59,419 from a drug dealer who had ties to the Gambino organization. 279 00:11:59,452 --> 00:12:03,156 But more than likely it wound up with Messick for laundering. 280 00:12:03,190 --> 00:12:05,125 Can we prove that? 281 00:12:05,158 --> 00:12:06,326 Well, it's a good guess right now, 282 00:12:06,359 --> 00:12:09,362 but either way, the money ties Jay Fleckner to the victims. 283 00:12:09,396 --> 00:12:12,432 The problem is, the Feds won't return it. 284 00:12:12,465 --> 00:12:14,768 That money plays into an investigation. 285 00:12:14,802 --> 00:12:15,869 What kind? 286 00:12:15,903 --> 00:12:17,437 One I'm not at liberty to discuss. 287 00:12:17,470 --> 00:12:19,506 Then let's talk about our investigation. 288 00:12:19,539 --> 00:12:21,775 That money is key physical evidence 289 00:12:21,809 --> 00:12:24,144 tying Jay Fleckner to a heinous crime, 290 00:12:24,177 --> 00:12:26,346 and we need to produce it in court. 291 00:12:26,379 --> 00:12:28,281 I'm sure you've got more than our money to make your case. 292 00:12:28,315 --> 00:12:29,382 (Borgia) Your money? 293 00:12:29,416 --> 00:12:32,119 We recovered it during our investigation. 294 00:12:32,152 --> 00:12:35,355 There might be some movement on the case in the next year. 295 00:12:35,388 --> 00:12:37,457 We can talk then. 296 00:12:37,490 --> 00:12:40,327 You could potentially be helping a man get away with murder. 297 00:12:40,360 --> 00:12:42,429 This cash has been filtering through drug rings, 298 00:12:42,462 --> 00:12:44,832 sex slave operations, and laundering outfits. 299 00:12:44,865 --> 00:12:48,301 Shutting those down could prevent 20 murders. 300 00:12:48,335 --> 00:12:51,004 I won't jeopardize that. 301 00:12:54,908 --> 00:12:57,377 (Judge Grayson) The prosecution found the bills on your client. 302 00:12:57,410 --> 00:12:59,312 Prosecution alleges that the bills 303 00:12:59,346 --> 00:13:01,882 were found on my client and that blood traces on them 304 00:13:01,915 --> 00:13:03,183 belong to the victim. 305 00:13:03,216 --> 00:13:04,852 I've read the memo, Mr. Wellman. 306 00:13:04,885 --> 00:13:06,353 It doesn't sound like trace blood. 307 00:13:06,386 --> 00:13:09,990 The money was described as in a bloody bath when it was found. 308 00:13:10,023 --> 00:13:11,524 Our experts need the opportunity 309 00:13:11,558 --> 00:13:13,360 to challenge the findings. 310 00:13:13,393 --> 00:13:15,462 Mr. McCoy, where is the actual evidence itself? 311 00:13:15,495 --> 00:13:16,429 It's in federal hands. 312 00:13:16,463 --> 00:13:18,365 We've written letters to the U.S. Attorney 313 00:13:18,398 --> 00:13:20,400 and the chief judge to mandate its return. 314 00:13:20,433 --> 00:13:23,103 Any time frame as to when that might happen? 315 00:13:23,136 --> 00:13:25,172 A year? 10? 316 00:13:25,205 --> 00:13:27,407 We haven't had any response yet, Your Honor. 317 00:13:27,440 --> 00:13:28,608 When they're good and ready. 318 00:13:28,641 --> 00:13:30,177 That's the response you can expect. 319 00:13:30,210 --> 00:13:31,444 Which doesn't serve the defendant's right 320 00:13:31,478 --> 00:13:33,313 to a speedy trial. 321 00:13:33,346 --> 00:13:35,315 Unless you can provide access 322 00:13:35,348 --> 00:13:37,317 to at least one bill in a timely fashion, 323 00:13:37,350 --> 00:13:40,520 the money's out. 324 00:13:40,553 --> 00:13:41,788 (Borgia) With your confession 325 00:13:41,821 --> 00:13:44,524 and the physical evidence tying you to the crime scene, 326 00:13:44,557 --> 00:13:47,227 if this goes to trial, you could expect 25 years. 327 00:13:47,260 --> 00:13:49,863 Or you testify against Jay Fleckner, 328 00:13:49,897 --> 00:13:51,464 and we're prepared to offer 20. 329 00:13:54,567 --> 00:13:57,337 What's not computing, Mr. Dennehy? 330 00:13:59,139 --> 00:14:01,341 I don't think I'm interested in testifying against Jay. 331 00:14:01,374 --> 00:14:03,376 Why? 332 00:14:03,410 --> 00:14:04,878 I think I've said enough already. 333 00:14:04,912 --> 00:14:06,613 It's one thing to say it to the cops, 334 00:14:06,646 --> 00:14:09,482 but on the stand, him lookin' at me... 335 00:14:09,516 --> 00:14:10,483 What is this, 336 00:14:10,517 --> 00:14:13,220 some sort of ham-fisted attempt at negotiation? 337 00:14:14,654 --> 00:14:17,190 I don't want any more to do with puttin' him away. 338 00:14:17,224 --> 00:14:20,193 Fifteen years, that's the basement offer. 339 00:14:20,227 --> 00:14:24,364 Nobody told me Messick was hooked up with the mob! 340 00:14:24,397 --> 00:14:26,633 That's got nothing to do with your testimony. 341 00:14:26,666 --> 00:14:29,369 I'd be testifying, front and center, 342 00:14:29,402 --> 00:14:31,371 in a courtroom filled with Gambino button men. 343 00:14:31,404 --> 00:14:33,140 We'll shield your identity when you testify. 344 00:14:33,173 --> 00:14:35,508 Yeah, what happens when it hits the papers? 345 00:14:35,542 --> 00:14:37,644 You can't stop that. 346 00:14:37,677 --> 00:14:41,648 We're talking about ten years of your life, Mr. Dennehy. 347 00:14:41,681 --> 00:14:44,617 I spent two-thirds of my life locked up. 348 00:14:44,651 --> 00:14:46,553 I can do the time. 349 00:14:46,586 --> 00:14:50,090 But I sure ain't interested in dyin'. 350 00:14:50,123 --> 00:14:51,358 C.O.! 351 00:14:51,391 --> 00:14:54,527 [door buzzer] 352 00:14:54,561 --> 00:14:55,728 Unbelievable. 353 00:14:55,762 --> 00:14:57,497 Valerie Messick came within a sliver of losing her life 354 00:14:57,530 --> 00:14:58,598 at Fleckner's hands. 355 00:14:58,631 --> 00:15:00,233 She'll have the jury's sympathy. 356 00:15:00,267 --> 00:15:02,235 If she holds up physically. What's her condition? 357 00:15:02,269 --> 00:15:03,303 On the mend. 358 00:15:03,336 --> 00:15:06,006 She's got some awful scars on her face and neck. 359 00:15:06,039 --> 00:15:07,074 Still, a one-witness ID... 360 00:15:07,107 --> 00:15:10,477 A witness who is a victim and a grieving widow. 361 00:15:10,510 --> 00:15:14,547 Let's make sure her scars are visible to the jury. 362 00:15:14,581 --> 00:15:17,550 If she's all we've got, let's make it count. 363 00:15:21,588 --> 00:15:25,225 (Valerie) My husband Phil was lying on the floor. 364 00:15:25,258 --> 00:15:27,360 He was covered in blood. 365 00:15:27,394 --> 00:15:29,296 (McCoy) Was he alive? 366 00:15:29,329 --> 00:15:31,431 Barely. 367 00:15:31,464 --> 00:15:34,501 I went to his side. 368 00:15:34,534 --> 00:15:36,536 He pointed past me, 369 00:15:36,569 --> 00:15:39,406 and then...he died. 370 00:15:39,439 --> 00:15:41,541 What was he pointing at? 371 00:15:41,574 --> 00:15:43,543 Two men down the hallway. 372 00:15:45,178 --> 00:15:48,548 I tried to yell for help, but that man saw me 373 00:15:48,581 --> 00:15:50,217 and attacked me. 374 00:15:50,250 --> 00:15:52,019 (McCoy) Can you tell me who you're pointing to? 375 00:15:52,052 --> 00:15:55,422 The defendant, Jay Fleckner. 376 00:15:55,455 --> 00:15:58,325 Can you describe how he attacked you? 377 00:15:58,358 --> 00:16:02,262 He...pounced on me. 378 00:16:02,295 --> 00:16:04,464 He pinned me down. 379 00:16:04,497 --> 00:16:06,533 He had a knife in his hand, 380 00:16:06,566 --> 00:16:07,634 and he began slashing... 381 00:16:07,667 --> 00:16:10,303 at me. 382 00:16:10,337 --> 00:16:11,504 I... 383 00:16:11,538 --> 00:16:13,406 don't remember much else. 384 00:16:13,440 --> 00:16:16,643 I blacked out and woke up in the hospital. 385 00:16:16,676 --> 00:16:19,479 No further questions. 386 00:16:24,151 --> 00:16:26,386 Mrs. Messick... 387 00:16:26,419 --> 00:16:28,588 that's a horrible ordeal you've just described. 388 00:16:28,621 --> 00:16:32,525 But I'm afraid I'm going to have to take you back to it 389 00:16:32,559 --> 00:16:35,562 just a little while longer. 390 00:16:35,595 --> 00:16:38,198 How would you describe your emotional state 391 00:16:38,231 --> 00:16:40,267 when you first entered your house that night? 392 00:16:40,300 --> 00:16:42,469 When you saw your front door ajar? 393 00:16:42,502 --> 00:16:44,137 You were nervous, weren't you? 394 00:16:44,171 --> 00:16:46,673 Yes, I was a little nervous. 395 00:16:46,706 --> 00:16:47,774 (Wellman) Wasn't like your husband 396 00:16:47,807 --> 00:16:49,642 to leave the door open like that? 397 00:16:49,676 --> 00:16:53,380 No, Phil never left the door open. 398 00:16:53,413 --> 00:16:56,549 When you came in, 399 00:16:56,583 --> 00:16:58,485 you saw your husband covered in blood. 400 00:16:58,518 --> 00:17:01,054 What would you say your emotional state was then? 401 00:17:01,088 --> 00:17:02,422 Terrified? 402 00:17:02,455 --> 00:17:03,690 Yes. 403 00:17:03,723 --> 00:17:05,358 Panicked? 404 00:17:05,392 --> 00:17:06,426 Yes. 405 00:17:06,459 --> 00:17:07,594 You came in, 406 00:17:07,627 --> 00:17:10,563 you saw your husband in a pool of blood. 407 00:17:14,467 --> 00:17:16,403 Were you crying at that time the way you are now? 408 00:17:16,436 --> 00:17:19,206 Yes, I was. 409 00:17:19,239 --> 00:17:20,673 (Wellman) Crying. 410 00:17:20,707 --> 00:17:23,210 In a state of grief and panic, 411 00:17:23,243 --> 00:17:24,477 tears filling your eyes, 412 00:17:24,511 --> 00:17:26,113 and yet you were able to get a good look 413 00:17:26,146 --> 00:17:27,747 at the man who wielded the knife against you? 414 00:17:30,783 --> 00:17:33,086 A good enough look that you can say 415 00:17:33,120 --> 00:17:35,488 with absolute certainty that your assailant 416 00:17:35,522 --> 00:17:38,291 was the man you identified? 417 00:17:39,892 --> 00:17:41,794 Yes, I think so. 418 00:17:41,828 --> 00:17:43,796 You think so, or you know so? 419 00:17:43,830 --> 00:17:45,832 There is a significant difference. 420 00:17:51,638 --> 00:17:54,774 I'm as certain as I could have been 421 00:17:54,807 --> 00:17:56,876 under the circumstances. 422 00:17:56,909 --> 00:17:59,646 With your vision hampered by your tears, you mean? 423 00:17:59,679 --> 00:18:03,483 With your husband of 15 years lying brutally murdered 424 00:18:03,516 --> 00:18:05,118 by your side? 425 00:18:05,152 --> 00:18:06,486 Is that what you mean? 426 00:18:07,854 --> 00:18:10,290 Mrs. Messick... 427 00:18:10,323 --> 00:18:11,758 Please. 428 00:18:11,791 --> 00:18:13,493 I will ask you again. 429 00:18:13,526 --> 00:18:15,395 Are you 100% positive 430 00:18:15,428 --> 00:18:17,464 that the suspect you identified 431 00:18:17,497 --> 00:18:18,865 is the man who attacked you? 432 00:18:20,600 --> 00:18:22,435 I'm... 433 00:18:22,469 --> 00:18:24,371 not 100%. 434 00:18:24,404 --> 00:18:26,639 Yes or no, please. 435 00:18:31,944 --> 00:18:33,246 No. 436 00:18:46,593 --> 00:18:48,495 It all just came rushing back. 437 00:18:48,528 --> 00:18:51,498 Phil is on the ground, all the blood on him. 438 00:18:51,531 --> 00:18:55,468 I was as confused up there as I was that night. 439 00:18:55,502 --> 00:18:57,937 But the I.D.--were you certain it was Fleckner 440 00:18:57,970 --> 00:19:00,207 when you saw him in the police station? 441 00:19:00,240 --> 00:19:02,842 My husband was dying on the floor in front of me, 442 00:19:02,875 --> 00:19:04,711 covered in all that blood! 443 00:19:04,744 --> 00:19:06,446 [scoffs] 444 00:19:06,479 --> 00:19:08,715 And then that man was on top of me. 445 00:19:08,748 --> 00:19:13,320 I only got a look at his face for a second. 446 00:19:14,854 --> 00:19:16,856 Did I ruin the case? 447 00:19:16,889 --> 00:19:21,194 You were strong on direct, but... 448 00:19:21,228 --> 00:19:25,332 your I.D. was the only thing that put Fleckner at the scene. 449 00:19:25,365 --> 00:19:26,933 Without that... 450 00:19:32,739 --> 00:19:35,675 In the matter of The People vs. Jay Fleckner, 451 00:19:35,708 --> 00:19:37,944 on the count of Murder in the Second Degree, 452 00:19:37,977 --> 00:19:39,279 how do you find? 453 00:19:39,312 --> 00:19:41,348 We find the defendant... 454 00:19:41,381 --> 00:19:42,782 not guilty. 455 00:20:03,336 --> 00:20:05,605 D.O.A.'s got one to the chest. 456 00:20:11,010 --> 00:20:13,446 Jay Fleckner. 457 00:20:13,480 --> 00:20:15,948 Well, what do you know? There is justice in the world. 458 00:20:15,982 --> 00:20:18,485 The guy who called it in is the one who shot him. 459 00:20:18,518 --> 00:20:20,520 Where is the shooter? 460 00:20:35,067 --> 00:20:36,969 (Kruhulik) My client went to meet Jay Fleckner 461 00:20:37,003 --> 00:20:39,406 with absolutely no intention of doing him any harm. 462 00:20:39,439 --> 00:20:41,774 Then why don't you tell us why he did go meet him? 463 00:20:41,808 --> 00:20:44,811 To discuss intimidation directed toward Valerie Messick 464 00:20:44,844 --> 00:20:46,313 that had gone on during the trial, 465 00:20:46,346 --> 00:20:48,281 and to make sure it wouldn't continue. 466 00:20:48,315 --> 00:20:50,417 What kind of intimidation? 467 00:20:50,450 --> 00:20:52,051 You know what, Ernie? 468 00:20:52,084 --> 00:20:54,454 Let me do this, okay? 469 00:20:54,487 --> 00:20:56,856 You ever work a case where you 470 00:20:56,889 --> 00:20:57,957 damn well knew you had the perp, 471 00:20:57,990 --> 00:20:59,692 but it just wouldn't make... did you? 472 00:20:59,726 --> 00:21:01,461 Of course. 473 00:21:01,494 --> 00:21:02,962 What'd you do about it? 474 00:21:02,995 --> 00:21:04,597 We're not talking about us here, Bob. 475 00:21:04,631 --> 00:21:05,998 We're talking about you. 476 00:21:06,032 --> 00:21:09,469 Did you go visit the guy and tell him to watch his ass? 477 00:21:09,502 --> 00:21:11,804 'Cause if he so much as sniffed in the wrong direction 478 00:21:11,838 --> 00:21:13,373 you'd be there to lock him up? 479 00:21:13,406 --> 00:21:17,544 So he just agreed to meet up with you, no problem? 480 00:21:17,577 --> 00:21:20,079 I told Fleckner that this had to be put to bed, 481 00:21:20,112 --> 00:21:21,681 face to face, 482 00:21:21,714 --> 00:21:23,450 and that the only problem he'd have with me 483 00:21:23,483 --> 00:21:25,385 is if he didn't show. 484 00:21:25,418 --> 00:21:27,454 So what went wrong? 485 00:21:27,487 --> 00:21:28,488 Fleckner. 486 00:21:28,521 --> 00:21:30,323 He started to freak out. 487 00:21:30,357 --> 00:21:32,925 He started saying, "This is a set-up. 488 00:21:32,959 --> 00:21:34,026 This is an ambush." 489 00:21:34,060 --> 00:21:36,696 Like--like he was high or... 490 00:21:36,729 --> 00:21:39,031 maybe just crazy, I don't know. 491 00:21:39,065 --> 00:21:41,067 And who pulled their gun first? 492 00:21:41,100 --> 00:21:42,369 He did. 493 00:21:42,402 --> 00:21:44,036 He put his gun up in my face, 494 00:21:44,070 --> 00:21:47,006 which I talked him into lowering down. 495 00:21:47,039 --> 00:21:49,542 And when he did, I punched him as hard as I could, 496 00:21:49,576 --> 00:21:51,010 and I made to run. 497 00:21:51,043 --> 00:21:53,813 But he chased me, and I fell down the stairs. 498 00:21:53,846 --> 00:21:55,615 And when I was on the ground, 499 00:21:55,648 --> 00:21:57,049 I freed my ankle piece and I told him 500 00:21:57,083 --> 00:21:58,885 to back the hell off. 501 00:21:58,918 --> 00:22:01,087 But he raised up to shoot. 502 00:22:01,120 --> 00:22:03,390 So I fired. 503 00:22:04,691 --> 00:22:06,993 Did Valerie know about you meeting up with Fleckner? 504 00:22:07,026 --> 00:22:09,529 No. 505 00:22:13,600 --> 00:22:15,702 You realize we're gonna have to look into this. 506 00:22:15,735 --> 00:22:17,136 Yeah. 507 00:22:17,169 --> 00:22:19,406 I know. 508 00:22:19,439 --> 00:22:22,409 And you're gonna find it's a good shoot. 509 00:22:28,515 --> 00:22:32,652 I had no idea Bob planned to go meet Fleckner. 510 00:22:32,685 --> 00:22:34,153 And if I had, 511 00:22:34,186 --> 00:22:36,155 it is not something I would have encouraged. 512 00:22:36,188 --> 00:22:38,891 Where'd he get the idea from? 513 00:22:38,925 --> 00:22:40,059 From being a cop, I guess. 514 00:22:40,092 --> 00:22:42,595 And my friend and Phil's friend. 515 00:22:42,629 --> 00:22:44,063 Was there any reason for you to believe 516 00:22:44,096 --> 00:22:45,898 that Fleckner was a threat? 517 00:22:45,932 --> 00:22:46,999 He'd stare at me during the trial. 518 00:22:47,033 --> 00:22:48,668 He mouthed something once. 519 00:22:48,701 --> 00:22:51,504 What about after the trial? 520 00:22:51,538 --> 00:22:53,440 He passed me the hallway and chuckled. 521 00:22:53,473 --> 00:22:55,775 Whispered that he'd see me again. 522 00:22:57,043 --> 00:23:01,448 Did you tell Bob Cerullo what Fleckner was doing? 523 00:23:01,481 --> 00:23:02,715 Bob sat with me half the weekend 524 00:23:02,749 --> 00:23:04,617 because I couldn't stop crying. 525 00:23:04,651 --> 00:23:06,986 And he didn't say anything about contacting Fleckner? 526 00:23:07,019 --> 00:23:09,055 Nothing. 527 00:23:11,157 --> 00:23:14,026 So Bob Cerullo killed Fleckner out of noble revenge 528 00:23:14,060 --> 00:23:15,528 or self-defense? 529 00:23:15,562 --> 00:23:17,029 Arranging a meet with the man 530 00:23:17,063 --> 00:23:19,031 who just got off for murdering your friend? 531 00:23:19,065 --> 00:23:21,868 What did Cerullo expect would happen? 532 00:23:21,901 --> 00:23:25,672 What, cops don't warn perps off the radar all the time? 533 00:23:25,705 --> 00:23:28,040 That's harassment, not a bullet to the chest. 534 00:23:28,074 --> 00:23:29,442 I was trying to piece together 535 00:23:29,476 --> 00:23:31,077 Fleckner's timeline after the verdict. 536 00:23:31,110 --> 00:23:32,979 So I checked his visitor's log at Rikers 537 00:23:33,012 --> 00:23:34,481 for a friend or relative. 538 00:23:34,514 --> 00:23:37,684 Bob Cerullo visited Fleckner during the trial. 539 00:23:37,717 --> 00:23:41,454 Why would he visit Fleckner in jail? 540 00:23:41,488 --> 00:23:43,089 Maybe he was warning him to stop eyeballing 541 00:23:43,122 --> 00:23:44,924 Valerie Messick. 542 00:23:44,957 --> 00:23:46,593 Or threatening his life. 543 00:23:46,626 --> 00:23:49,161 And we have proof of neither. 544 00:23:49,195 --> 00:23:50,229 Except that Jay Fleckner had a gun on him 545 00:23:50,262 --> 00:23:53,065 two days after being exonerated for murder--why? 546 00:23:53,099 --> 00:23:55,902 'Cause he was a psychopath and a career criminal. 547 00:23:55,935 --> 00:23:58,905 Or he thought that a dirty cop was gunning for him. 548 00:23:58,938 --> 00:24:00,773 A decorated cop, Jack. 549 00:24:00,807 --> 00:24:02,609 Whose best friend was a mob associate. 550 00:24:02,642 --> 00:24:04,176 That dirties him in my mind. 551 00:24:04,210 --> 00:24:07,179 Well, if you're gonna have the police do some digging, 552 00:24:07,213 --> 00:24:10,049 you better tell 'em not to stop until they hit gold. 553 00:24:10,082 --> 00:24:14,053 'Cause that's what it's gonna take to get an indictment. 554 00:24:14,086 --> 00:24:16,055 We looked into any possible motive 555 00:24:16,088 --> 00:24:18,758 other than self-defense for Cerullo shooting Fleckner. 556 00:24:18,791 --> 00:24:20,059 We got nothing. 557 00:24:20,092 --> 00:24:21,861 There any phone calls between them 558 00:24:21,894 --> 00:24:23,630 besides the one before Fleckner was killed? 559 00:24:23,663 --> 00:24:24,597 No, just that one. 560 00:24:24,631 --> 00:24:26,799 We dug into the gun that Fleckner had on him 561 00:24:26,833 --> 00:24:27,834 when he was shot. 562 00:24:27,867 --> 00:24:28,901 It only makes Fleckner dirtier. 563 00:24:28,935 --> 00:24:31,003 Ballistics pulled a matching slug 564 00:24:31,037 --> 00:24:35,107 from an apartment wall of an unsolved home invasion 565 00:24:35,141 --> 00:24:36,609 five years ago. 566 00:24:36,643 --> 00:24:37,677 Was Fleckner a suspect? 567 00:24:37,710 --> 00:24:39,011 The victim gave a description 568 00:24:39,045 --> 00:24:41,280 of a perpetrator that he fits generally. 569 00:24:41,313 --> 00:24:43,516 Who worked the case? 570 00:24:43,550 --> 00:24:45,284 Detective Dumar. We looked for him, he's dead. 571 00:24:45,317 --> 00:24:47,687 Any connection between Dumar and Cerullo? 572 00:24:47,720 --> 00:24:49,188 They never worked together. Dumar was in the Bronx. 573 00:24:49,221 --> 00:24:50,690 Cerullo worked in Queens. 574 00:24:50,723 --> 00:24:54,561 Show the home invasion victim a photo array. 575 00:24:54,594 --> 00:24:57,163 Make sure Jay Fleckner's in it. 576 00:24:57,196 --> 00:24:59,999 I don't recognize any of these men. 577 00:25:00,032 --> 00:25:02,068 Did you get a good look at the man who robbed you? 578 00:25:02,101 --> 00:25:03,970 Mmm, generally. 579 00:25:04,003 --> 00:25:07,073 I was experimentally medicated. 580 00:25:07,106 --> 00:25:09,041 Excuse me? 581 00:25:09,075 --> 00:25:13,045 I was smoking marijuana to alleviate my glaucoma. 582 00:25:13,079 --> 00:25:14,180 Would you like some tea? 583 00:25:14,213 --> 00:25:16,115 No, thank you. 584 00:25:16,148 --> 00:25:18,184 That's the wall where the bullet went. 585 00:25:18,217 --> 00:25:20,152 (Green) Now, was he shooting at you? 586 00:25:20,186 --> 00:25:23,155 I think he just got scared, and the gun went off. 587 00:25:23,189 --> 00:25:25,124 Thank God I was tied up. 588 00:25:25,157 --> 00:25:27,059 Tell me, why the questions and the photos? 589 00:25:27,093 --> 00:25:28,661 We're just following up 590 00:25:28,695 --> 00:25:30,930 on a few leads we have on a suspect. 591 00:25:30,963 --> 00:25:32,599 But the man was caught. 592 00:25:32,632 --> 00:25:34,200 No, ma'am, the case is still active. 593 00:25:34,233 --> 00:25:37,604 Well, that's not what Detective Dumar told me. 594 00:25:37,637 --> 00:25:39,238 He said the man confessed. 595 00:25:39,271 --> 00:25:41,540 Someone confessed? 596 00:25:42,709 --> 00:25:44,010 Did he mention a name? 597 00:25:44,043 --> 00:25:46,212 I don't recall. 598 00:25:46,245 --> 00:25:49,115 But he said the man confessed and was going to jail. 599 00:25:50,650 --> 00:25:54,086 Ms. Best, did you ever recover your stolen property? 600 00:25:54,120 --> 00:25:56,022 Detective Dumar said that the money had been spent, 601 00:25:56,055 --> 00:25:59,258 and my ring was sold to someone who had left the country. 602 00:25:59,291 --> 00:26:01,594 How much money did you lose? 603 00:26:01,628 --> 00:26:03,930 $17,000 in cash. 604 00:26:03,963 --> 00:26:06,933 And the ring was worth at least 15. 605 00:26:06,966 --> 00:26:11,003 You should really talk to Detective Dumar about this. 606 00:26:14,140 --> 00:26:17,043 Wayne Dumar... Not my most eager detective. 607 00:26:17,076 --> 00:26:18,811 Died cleaning his gun. 608 00:26:18,845 --> 00:26:20,012 Suicide. 609 00:26:20,046 --> 00:26:21,313 Unofficially, but, yeah. 610 00:26:21,347 --> 00:26:23,149 He was an old-school drunk. 611 00:26:23,182 --> 00:26:24,717 Wasn't a surprise. 612 00:26:24,751 --> 00:26:26,285 Well, would it surprise you to hear 613 00:26:26,318 --> 00:26:29,989 that he ripped off a robbery suspect of 30 Gs? 614 00:26:30,022 --> 00:26:32,024 A few guys here were filling their pockets 615 00:26:32,058 --> 00:26:33,192 when I transferred in. 616 00:26:33,225 --> 00:26:34,293 All of them are gone now. 617 00:26:34,326 --> 00:26:38,197 Do you know if he had any dealings with this guy? 618 00:26:38,230 --> 00:26:40,266 His name is Jay Fleckner. 619 00:26:40,299 --> 00:26:43,202 Never seen the face. 620 00:26:43,235 --> 00:26:45,672 Could he have been an informant of Dumar's? 621 00:26:45,705 --> 00:26:47,173 Dumar didn't care enough about the job 622 00:26:47,206 --> 00:26:48,240 to recruit informants. 623 00:26:48,274 --> 00:26:49,976 He was a bum. 624 00:26:50,009 --> 00:26:51,844 Let me ask you this. 625 00:26:51,878 --> 00:26:53,412 Do you know if he had any connections 626 00:26:53,445 --> 00:26:56,783 to a detective out of the Seven-Four, name of Cerullo? 627 00:26:56,816 --> 00:27:01,053 Cerullo and Dumar were associated. 628 00:27:01,087 --> 00:27:04,724 Cerullo is who found Dumar with his brains blown out. 629 00:27:06,926 --> 00:27:09,095 Is it possible Cerullo killed Dumar? 630 00:27:09,128 --> 00:27:11,030 The police and M.E. reports are spotty. 631 00:27:11,063 --> 00:27:13,766 Everyone involved thought they were covering up a cop suicide. 632 00:27:13,800 --> 00:27:16,168 How dirty was Dumar as a cop? 633 00:27:16,202 --> 00:27:17,937 Four I.A.B. investigations, 634 00:27:17,970 --> 00:27:21,140 all centered around shaking down robbery suspects. 635 00:27:21,173 --> 00:27:23,676 So detective Dumar steals money and a gun 636 00:27:23,710 --> 00:27:24,877 from a robbery suspect, 637 00:27:24,911 --> 00:27:27,947 which then turns up in the cold, dead hand of Jay Fleckner. 638 00:27:27,980 --> 00:27:29,115 Except there's no connection between Wayne Dumar 639 00:27:29,148 --> 00:27:30,116 and Jay Fleckner. 640 00:27:30,149 --> 00:27:31,317 There's only a connection 641 00:27:31,350 --> 00:27:33,185 between Dumar and Cerullo. 642 00:27:33,219 --> 00:27:35,021 So Cerullo killed Jay Fleckner, 643 00:27:35,054 --> 00:27:37,223 planted the gun on him to call it a self-defense. 644 00:27:37,256 --> 00:27:40,159 Let's see what he has to say for himself. 645 00:27:40,192 --> 00:27:42,094 It was self-defense! 646 00:27:42,128 --> 00:27:43,062 Do you plan to try 647 00:27:43,095 --> 00:27:45,998 selling that to the grand jury, Mr. Cerullo? 648 00:27:46,032 --> 00:27:47,834 You're opening a grand jury on me? 649 00:27:47,867 --> 00:27:49,101 They won't indict, Bob. 650 00:27:49,135 --> 00:27:51,137 They'll indict anybody, Ernie! 651 00:27:51,170 --> 00:27:54,340 This is what I get for 25 years service on the force? 652 00:27:54,373 --> 00:27:56,408 That doesn't buy anybody a murder! 653 00:27:56,442 --> 00:27:59,411 I have commendations, a Medal of Valor. 654 00:27:59,445 --> 00:28:02,715 Cop to the homicide, and I'll get you Man One, 20 years. 655 00:28:02,749 --> 00:28:04,250 Don't dignify that. 656 00:28:04,283 --> 00:28:06,886 You know how many cases I've worked in my career? 657 00:28:06,919 --> 00:28:09,055 How many homicides I've cleared? 658 00:28:09,088 --> 00:28:11,157 How many multiple homicides? 659 00:28:11,190 --> 00:28:12,258 We've been over your record. 660 00:28:12,291 --> 00:28:13,492 You're gonna have to go over it again. 661 00:28:13,525 --> 00:28:15,061 Because if I'm indicted, 662 00:28:15,094 --> 00:28:16,963 you may have to revisit every one of them. 663 00:28:16,996 --> 00:28:19,498 What does that mean? 664 00:28:19,531 --> 00:28:22,835 If I'm on the stand, Mr. McCoy, 665 00:28:22,869 --> 00:28:26,038 my conscience may just start to eat at me. 666 00:28:26,072 --> 00:28:29,208 I may just feel the need to purge myself 667 00:28:29,241 --> 00:28:32,144 of evidence I may have planted in those cases. 668 00:28:32,178 --> 00:28:34,246 And suspects I may have flaked. 669 00:28:34,280 --> 00:28:38,117 You'd lie about tainting cases? 670 00:28:38,150 --> 00:28:41,087 I'll come clean, as it were. 671 00:28:41,120 --> 00:28:43,355 And you expect me to drop this case 672 00:28:43,389 --> 00:28:44,991 because of that threat? 673 00:28:45,024 --> 00:28:49,862 40-some cases could go down the toilet-- 674 00:28:49,896 --> 00:28:52,765 40 stone-cold killers back on the street-- 675 00:28:52,799 --> 00:28:54,867 because you wanna lock me up 676 00:28:54,901 --> 00:28:58,938 for taking care of a rat bastard like Jay Fleckner. 677 00:29:01,107 --> 00:29:03,175 We're moving forward, Mr. Cerullo. 678 00:29:03,209 --> 00:29:05,277 Be prepared. 679 00:29:09,248 --> 00:29:12,518 Justice at any cost. That it, McCoy? 680 00:29:12,551 --> 00:29:15,287 Go after me. 681 00:29:15,321 --> 00:29:18,157 It's gonna cost you plenty. 682 00:29:25,564 --> 00:29:28,034 So how many cases are we talking about? 683 00:29:28,067 --> 00:29:30,202 Cerullo has 41 homicide collars, 684 00:29:30,236 --> 00:29:32,171 and he got a lot of confessions. 685 00:29:32,204 --> 00:29:33,572 Which he can claim he coerced. 686 00:29:33,605 --> 00:29:36,542 Well, is there any indication that there was coercion 687 00:29:36,575 --> 00:29:38,344 or proof that he really did taint cases? 688 00:29:38,377 --> 00:29:40,246 His record on the job is spotless. 689 00:29:40,279 --> 00:29:43,415 And how does a detective phony evidence 690 00:29:43,449 --> 00:29:46,552 on 41 homicide suspects and not draw attention 691 00:29:46,585 --> 00:29:47,553 even once? 692 00:29:47,586 --> 00:29:48,487 That's not possible. 693 00:29:48,520 --> 00:29:50,556 Cerullo is lying to back us into a corner. 694 00:29:50,589 --> 00:29:52,358 And it's gonna cause every defense lawyer 695 00:29:52,391 --> 00:29:54,493 that he ever faced to file a motion for a new trial. 696 00:29:54,526 --> 00:29:57,463 We'll waste hundreds of hours reprosecuting. 697 00:29:57,496 --> 00:29:59,365 Which is unfortunate, but... 698 00:29:59,398 --> 00:30:01,100 unless he did a murder, 699 00:30:01,133 --> 00:30:02,869 why throw up a smoke screen? 700 00:30:02,902 --> 00:30:04,904 He planted the gun on Fleckner 701 00:30:04,937 --> 00:30:06,572 to claim self-defense. 702 00:30:06,605 --> 00:30:09,175 Do you have enough for a conviction? 703 00:30:09,208 --> 00:30:12,544 We'll need more. 704 00:30:12,578 --> 00:30:16,148 Bob has been with me every second of this nightmare. 705 00:30:16,182 --> 00:30:19,018 I don't understand why you think I'd speak ill of him. 706 00:30:19,051 --> 00:30:21,453 What if you thought he had committed a murder? 707 00:30:21,487 --> 00:30:23,322 This gun you're talking about-- 708 00:30:23,355 --> 00:30:24,556 sounds like Fleckner could have gotten it 709 00:30:24,590 --> 00:30:26,225 any number of ways. 710 00:30:26,258 --> 00:30:28,560 The only way was from Bob Cerullo, 711 00:30:28,594 --> 00:30:30,396 who planted it. 712 00:30:30,429 --> 00:30:31,497 If you make a statement, 713 00:30:31,530 --> 00:30:33,499 he may be more inclined to make a deal. 714 00:30:33,532 --> 00:30:35,902 That could save him ten years in jail. 715 00:30:35,935 --> 00:30:39,271 Whatever you feel about his intentions, Mrs. Messick, 716 00:30:39,305 --> 00:30:42,608 Bob Cerullo had no right to dole out justice to Jay Fleckner. 717 00:30:43,976 --> 00:30:45,577 You know what? 718 00:30:45,611 --> 00:30:48,314 I don't think I should talk to you anymore. 719 00:30:48,347 --> 00:30:51,617 Understand, it's not you we're looking to incriminate. 720 00:30:53,685 --> 00:30:56,122 I'm sorry, but on the advice of my lawyer, 721 00:30:56,155 --> 00:30:59,191 I'm gonna invoke my right to the Fifth Amendment. 722 00:31:03,162 --> 00:31:05,564 Valerie's husband rubbed elbows with the mob. 723 00:31:05,597 --> 00:31:07,133 She might know things. 724 00:31:07,166 --> 00:31:09,168 Testifying could put her in a vulnerable position. 725 00:31:09,201 --> 00:31:11,037 I don't think it was just self-preservation. 726 00:31:11,070 --> 00:31:13,672 If she knows Cerullo murdered Fleckner... 727 00:31:13,705 --> 00:31:15,507 She's stonewalling to protect him. 728 00:31:15,541 --> 00:31:18,010 Well, either way, history has taught us 729 00:31:18,044 --> 00:31:20,079 we can't rely on her to make a case. 730 00:31:20,112 --> 00:31:21,280 We won't. 731 00:31:21,313 --> 00:31:24,283 We didn't have a reason to search Messick's house before. 732 00:31:24,316 --> 00:31:25,384 We do now. 733 00:31:25,417 --> 00:31:27,486 I'll get a warrant. 734 00:31:27,519 --> 00:31:29,455 Philip Messick was a very smart man. 735 00:31:29,488 --> 00:31:32,324 He kept an insurance policy, a black file 736 00:31:32,358 --> 00:31:34,526 that somebody buried in his backyard flowerbed. 737 00:31:34,560 --> 00:31:36,262 Information on his associates? 738 00:31:36,295 --> 00:31:38,030 Yep, and all the dirt bags he worked with, 739 00:31:38,064 --> 00:31:40,599 including his friend Bob Cerullo. 740 00:31:40,632 --> 00:31:42,668 Now, our forensic accountant is just getting into this, 741 00:31:42,701 --> 00:31:44,937 but so far we know that Cerullo sold guns 742 00:31:44,971 --> 00:31:46,505 and stolen property to the mob. 743 00:31:46,538 --> 00:31:48,274 Messick was the go-between. 744 00:31:48,307 --> 00:31:49,508 This guy kept track of everything-- 745 00:31:49,541 --> 00:31:50,943 guns, jewelry, electronics, 746 00:31:50,977 --> 00:31:53,179 prices, dates, who sold what. 747 00:31:53,212 --> 00:31:55,681 Is Cerullo identified by name in here? 748 00:31:55,714 --> 00:31:57,216 Name and badge number. 749 00:31:57,249 --> 00:31:58,517 Right next to another name... 750 00:31:58,550 --> 00:32:00,987 Wayne Dumar. 751 00:32:01,020 --> 00:32:02,454 So Dumar and Cerullo were business partners, 752 00:32:02,488 --> 00:32:04,090 selling stolen property. 753 00:32:04,123 --> 00:32:06,525 Exactly, and you'll notice that Cerullo's income doubled 754 00:32:06,558 --> 00:32:08,160 when Dumar went toes-up. 755 00:32:08,194 --> 00:32:09,628 Well, it doesn't prove he killed him. 756 00:32:09,661 --> 00:32:12,431 Make a convincing argument in court. 757 00:32:12,464 --> 00:32:14,466 What we can establish is that Dumar 758 00:32:14,500 --> 00:32:16,402 was criminally linked to Cerullo. 759 00:32:16,435 --> 00:32:19,405 And Dumar ties to the gun found on Jay Fleckner. 760 00:32:19,438 --> 00:32:21,173 Right, which leads right back to Cerullo. 761 00:32:21,207 --> 00:32:22,975 It's the best evidence we have so far 762 00:32:23,009 --> 00:32:25,277 that he planted the gun. 763 00:32:25,311 --> 00:32:26,578 What's this? 764 00:32:26,612 --> 00:32:29,248 Trying to coax us into a plea? 765 00:32:29,281 --> 00:32:32,151 This book ties Cerullo to the gun found on Fleckner. 766 00:32:32,184 --> 00:32:34,520 No one's gonna believe it's self-defense. 767 00:32:34,553 --> 00:32:37,656 A lot of wiggle room between Dumar and that gun. 768 00:32:37,689 --> 00:32:40,226 Juries aren't stupid. 769 00:32:40,259 --> 00:32:41,627 Really? 770 00:32:41,660 --> 00:32:44,096 We must be working different courtrooms. 771 00:32:44,130 --> 00:32:46,565 No way they hang my guy 772 00:32:46,598 --> 00:32:49,168 for killing that piece of crap. 773 00:32:49,201 --> 00:32:51,403 And my client won't bite on your offer. 774 00:32:51,437 --> 00:32:52,471 [book hits desk] 775 00:32:52,504 --> 00:32:54,473 Now you really wanna talk? 776 00:32:54,506 --> 00:32:57,543 I'm calling your bluff, Mr. Kruhulik. 777 00:32:57,576 --> 00:33:00,012 You don't think he's serious? 778 00:33:00,046 --> 00:33:02,481 All of your cases come undone. 779 00:33:02,514 --> 00:33:04,616 And you'll be suborning perjury. 780 00:33:04,650 --> 00:33:07,486 We both know the charges are bogus. 781 00:33:07,519 --> 00:33:08,554 It'll take a full-scale investigation 782 00:33:08,587 --> 00:33:09,588 to bear that out. 783 00:33:09,621 --> 00:33:11,657 Pending new trials, of course. 784 00:33:11,690 --> 00:33:15,494 In lieu, I'll take my client at his word. 785 00:33:15,527 --> 00:33:18,097 We're prepared to go to trial. 786 00:33:18,130 --> 00:33:19,665 If your client gets on the stand 787 00:33:19,698 --> 00:33:21,400 and lies about his old cases, 788 00:33:21,433 --> 00:33:24,036 prepare to go to jail with him. 789 00:33:25,837 --> 00:33:30,576 Your shaky case just became your major headache. 790 00:33:37,316 --> 00:33:38,750 Was I scared? 791 00:33:38,784 --> 00:33:40,286 Of course. 792 00:33:40,319 --> 00:33:41,587 A guy like Fleckner... 793 00:33:41,620 --> 00:33:43,122 killed Phil Messick, 794 00:33:43,155 --> 00:33:45,124 almost took his wife Valerie too. 795 00:33:45,157 --> 00:33:47,593 And why did you go pay him a visit? 796 00:33:47,626 --> 00:33:51,497 I only went over there to tell him to leave Valerie alone. 797 00:33:51,530 --> 00:33:55,567 A stupid thing to do, now that I think about it. 798 00:33:55,601 --> 00:33:57,603 I just figured I could make an impression, 799 00:33:57,636 --> 00:33:59,505 and that'd be that. 800 00:33:59,538 --> 00:34:02,641 I thank the good Lord I had my gun. 801 00:34:02,674 --> 00:34:04,410 When Fleckner was coming at me, 802 00:34:04,443 --> 00:34:07,079 I'm telling you, I was fighting for my life. 803 00:34:07,113 --> 00:34:09,648 And what did you do then? 804 00:34:09,681 --> 00:34:11,550 I defended myself. 805 00:34:11,583 --> 00:34:14,753 I did not pull my gun until Fleckner pulled his. 806 00:34:14,786 --> 00:34:17,156 Thank you. 807 00:34:19,591 --> 00:34:22,828 Did you know Detective Wayne Dumar? 808 00:34:22,861 --> 00:34:24,496 I did. 809 00:34:24,530 --> 00:34:27,466 In fact, you found Detective Dumar 810 00:34:27,499 --> 00:34:30,302 after his apparent suicide, correct? 811 00:34:30,336 --> 00:34:34,106 It was a bad day. Wayne was a good friend. 812 00:34:34,140 --> 00:34:36,308 So you were aware that he was the focus 813 00:34:36,342 --> 00:34:38,577 of an investigation involving stolen guns? 814 00:34:38,610 --> 00:34:41,380 There was never anything to those accusations 815 00:34:41,413 --> 00:34:43,615 and they never proved that there was. 816 00:34:43,649 --> 00:34:46,318 Your Honor, what's the relevance here? 817 00:34:46,352 --> 00:34:47,619 Get to the point, Mr. McCoy. 818 00:34:47,653 --> 00:34:50,556 People's 19. 819 00:34:50,589 --> 00:34:52,758 This is a ballistics report 820 00:34:52,791 --> 00:34:55,261 that ties the gun found on the victim 821 00:34:55,294 --> 00:34:59,565 to a robbery investigation by Detective Dumar. 822 00:34:59,598 --> 00:35:02,634 There is no link between the gun 823 00:35:02,668 --> 00:35:03,569 and the victim. 824 00:35:03,602 --> 00:35:06,505 There is, however, 825 00:35:06,538 --> 00:35:09,175 a link to your good friend Wayne Dumar. 826 00:35:09,208 --> 00:35:10,342 Mr. McCoy, 827 00:35:10,376 --> 00:35:13,879 in my experience, weapons pass through a lot of hands. 828 00:35:15,781 --> 00:35:19,218 3417. 829 00:35:19,251 --> 00:35:21,720 Does that number mean anything to you? 830 00:35:21,753 --> 00:35:26,558 Yeah, it was my shield number when I was a police officer. 831 00:35:26,592 --> 00:35:29,528 People's 20. 832 00:35:29,561 --> 00:35:32,831 This is an accounting ledger... 833 00:35:32,864 --> 00:35:35,467 found in the Messick house... 834 00:35:35,501 --> 00:35:37,236 which identifies you 835 00:35:37,269 --> 00:35:41,707 by your badge number, 3417, 836 00:35:41,740 --> 00:35:43,709 and by name. 837 00:35:43,742 --> 00:35:46,712 Do you have an explanation as to why Philip Messick 838 00:35:46,745 --> 00:35:49,248 accounted you as selling 839 00:35:49,281 --> 00:35:50,782 illegally obtained property and guns? 840 00:35:50,816 --> 00:35:53,619 Like the gun stolen by Wayne Dumar 841 00:35:53,652 --> 00:35:55,621 and then planted on Fleckner 842 00:35:55,654 --> 00:35:58,590 to corroborate your self-defense story? 843 00:35:58,624 --> 00:36:00,659 I don't know who made up that book, 844 00:36:00,692 --> 00:36:03,329 but what you're describing never happened. 845 00:36:03,362 --> 00:36:06,665 Mr. Cerullo, did you execute a man 846 00:36:06,698 --> 00:36:09,235 to avenge Philip Messick's death, 847 00:36:09,268 --> 00:36:10,569 and then cover it up? 848 00:36:10,602 --> 00:36:11,670 Objection! 849 00:36:11,703 --> 00:36:12,571 Overruled. 850 00:36:12,604 --> 00:36:14,940 The only covering up I see is from you. 851 00:36:14,973 --> 00:36:16,342 You let Fleckner walk, 852 00:36:16,375 --> 00:36:18,210 and now you want me to go down for it. 853 00:36:18,244 --> 00:36:19,611 Or did Fleckner walk, 854 00:36:19,645 --> 00:36:23,515 and you believed that justice had to be done? 855 00:36:23,549 --> 00:36:25,584 Isn't that the truth here, Mr. Cerullo? 856 00:36:25,617 --> 00:36:28,820 I killed him to save my own life. 857 00:36:28,854 --> 00:36:32,491 How can that make any sense... 858 00:36:32,524 --> 00:36:36,728 when all the weapons at the crime scene were yours? 859 00:36:36,762 --> 00:36:40,732 You got it wrong. 860 00:36:40,766 --> 00:36:43,469 Nothing further. 861 00:36:43,502 --> 00:36:44,936 Redirect, Your Honor? 862 00:36:44,970 --> 00:36:46,538 Go ahead. 863 00:36:48,774 --> 00:36:52,611 In your years as a police officer, 864 00:36:52,644 --> 00:36:55,647 did your paths ever cross with Jay Fleckner? 865 00:36:56,815 --> 00:36:59,685 No, but I knew him by reputation. 866 00:36:59,718 --> 00:37:00,519 Which was? 867 00:37:00,552 --> 00:37:02,388 A bad guy. 868 00:37:02,421 --> 00:37:03,689 And how did you come to know this? 869 00:37:03,722 --> 00:37:07,593 I had arrested some of Fleckner's associates. 870 00:37:07,626 --> 00:37:11,830 People Fleckner pulled crimes with. 871 00:37:11,863 --> 00:37:13,565 Yeah. 872 00:37:13,599 --> 00:37:15,967 Did you believe that Fleckner knew of you? 873 00:37:16,001 --> 00:37:18,870 He definitely did. 874 00:37:18,904 --> 00:37:22,608 Why did you believe this? 875 00:37:26,612 --> 00:37:28,480 You see... 876 00:37:28,514 --> 00:37:31,850 I framed one of Fleckner's buddies on a drug murder. 877 00:37:31,883 --> 00:37:34,686 A lowlife named Anton Brady. 878 00:37:34,720 --> 00:37:36,888 Another guy he ran with, Jimmy Mills, 879 00:37:36,922 --> 00:37:38,657 I sent him up on a rape beef. 880 00:37:38,690 --> 00:37:40,592 Objection! Relevance! 881 00:37:40,626 --> 00:37:41,993 (Judge Burns) Overruled. 882 00:37:42,027 --> 00:37:45,397 You...framed these men? 883 00:37:45,431 --> 00:37:49,868 I framed a lot of bad guys in my day. 884 00:37:49,901 --> 00:37:52,538 You see... 885 00:37:52,571 --> 00:37:55,774 I'm being honest now about everything in my past. 886 00:37:55,807 --> 00:37:59,545 I wanna cop to every wrong deed in my career 887 00:37:59,578 --> 00:38:01,947 so you'll know I'm telling the truth-- 888 00:38:01,980 --> 00:38:05,651 that Fleckner was out to kill me. 889 00:38:05,684 --> 00:38:07,453 I didn't realize until now, 890 00:38:07,486 --> 00:38:10,722 that's why he didn't even hesitate to pull a gun. 891 00:38:10,756 --> 00:38:13,759 That's why I had to defend myself. 892 00:38:23,602 --> 00:38:24,970 I think I might have something 893 00:38:25,003 --> 00:38:27,473 to leverage Valerie Messick to testify. 894 00:38:27,506 --> 00:38:30,409 I showed a copy of Philip Messick's black file 895 00:38:30,442 --> 00:38:32,544 to Andrew Semel in the U.S. Attorney's Office. 896 00:38:32,578 --> 00:38:34,546 The Feds' money laundering case 897 00:38:34,580 --> 00:38:36,114 leads to an illegal corporate account 898 00:38:36,147 --> 00:38:37,949 in a bank in Panama City. 899 00:38:37,983 --> 00:38:40,452 It's administered by Valerie Messick. 900 00:38:40,486 --> 00:38:44,055 He kept his own wife in the file? 901 00:38:44,089 --> 00:38:45,524 She's hidden 12 different ways, 902 00:38:45,557 --> 00:38:47,593 but their forensic accountant did the math, 903 00:38:47,626 --> 00:38:48,627 and she's tied in. 904 00:38:48,660 --> 00:38:50,529 Are the Feds planning to indict? 905 00:38:50,562 --> 00:38:52,531 Valerie could be facing 20 years, 906 00:38:52,564 --> 00:38:53,699 but they're willing to work with us 907 00:38:53,732 --> 00:38:55,934 on any deal we wanna make her. 908 00:38:55,967 --> 00:38:57,603 Pitch it to her. 909 00:38:57,636 --> 00:39:01,707 Testimony against Cerullo or 20 years in the pen. 910 00:39:04,610 --> 00:39:06,712 My God, how could this be happening? 911 00:39:06,745 --> 00:39:08,647 The Feds are willing to work with us, 912 00:39:08,680 --> 00:39:10,081 but they won't wait forever. 913 00:39:10,115 --> 00:39:11,683 How hard are they willing to work? 914 00:39:11,717 --> 00:39:13,652 How good's the deal? 915 00:39:13,685 --> 00:39:15,854 Five years for the money laundering. 916 00:39:15,887 --> 00:39:17,523 No. 917 00:39:17,556 --> 00:39:19,725 If you want her, immunize her. 918 00:39:19,758 --> 00:39:22,093 I want to hear what she has to say. 919 00:39:22,127 --> 00:39:24,896 (Loftus) She'll talk when she's on the stand. 920 00:39:24,930 --> 00:39:27,766 Full immunity. She doesn't do a day in jail. 921 00:39:27,799 --> 00:39:29,801 If you want Bob, 922 00:39:29,835 --> 00:39:32,604 that's what you've gotta live with. 923 00:39:39,044 --> 00:39:41,947 (McCoy) Mrs. Messick, would you please describe 924 00:39:41,980 --> 00:39:44,850 your relationship with Bob Cerullo? 925 00:39:44,883 --> 00:39:47,953 Good friends. 926 00:39:47,986 --> 00:39:49,688 Can you describe your husband's relationship 927 00:39:49,721 --> 00:39:50,789 with Mr. Cerullo? 928 00:39:53,224 --> 00:39:56,762 My husband and Bob knew each other since they were kids. 929 00:39:56,795 --> 00:39:57,963 Your husband 930 00:39:57,996 --> 00:40:00,666 was a conduit for stolen good and weapons 931 00:40:00,699 --> 00:40:03,034 between suspects in criminal cases 932 00:40:03,068 --> 00:40:05,571 and members of organized crime families, correct? 933 00:40:05,604 --> 00:40:07,506 Objection! Leading. 934 00:40:07,539 --> 00:40:09,475 She's a hostile witness, Your Honor. 935 00:40:09,508 --> 00:40:10,776 You got some room, Mr. McCoy. 936 00:40:10,809 --> 00:40:12,978 You can answer that, Mrs. Messick. 937 00:40:13,011 --> 00:40:15,947 As far as I know, that was the business, yes. 938 00:40:15,981 --> 00:40:18,650 (McCoy) Mr. Cerullo made a great deal of money 939 00:40:18,684 --> 00:40:21,019 from this relationship, didn't he? 940 00:40:21,052 --> 00:40:23,489 Yes, he did. 941 00:40:23,522 --> 00:40:26,224 A money stream that was totally turned off 942 00:40:26,257 --> 00:40:29,495 after your husband was murdered, correct? 943 00:40:31,597 --> 00:40:33,632 As far as I know. 944 00:40:33,665 --> 00:40:36,668 Do you know Mr. Cerullo's motive 945 00:40:36,702 --> 00:40:38,537 for killing Jay Fleckner? 946 00:40:38,570 --> 00:40:41,707 Was it revenge for the killing that turned off his money? 947 00:40:46,144 --> 00:40:49,080 Can you answer that question, Mrs. Messick? 948 00:40:51,850 --> 00:40:54,953 That wasn't his motive. 949 00:40:56,755 --> 00:40:58,724 What was? 950 00:41:00,158 --> 00:41:03,862 He did it because I asked him to kill Jay Fleckner! 951 00:41:07,666 --> 00:41:10,736 You asked him to? 952 00:41:12,137 --> 00:41:15,507 In the hospital, after I was attacked. 953 00:41:15,541 --> 00:41:19,645 What was Mr. Cerullo's response? 954 00:41:22,213 --> 00:41:24,215 He said he'd take care of it. 955 00:41:24,249 --> 00:41:25,951 That he'd kill Fleckner. 956 00:41:25,984 --> 00:41:27,553 (McCoy) In the event Mr. Fleckner 957 00:41:27,586 --> 00:41:30,622 was exonerated at trial, correct? 958 00:41:32,090 --> 00:41:34,726 Yes. 959 00:41:34,760 --> 00:41:38,096 Which...I made sure happened. 960 00:41:41,332 --> 00:41:43,501 What do you mean by that? 961 00:41:45,871 --> 00:41:48,206 I threw my testimony during the trial 962 00:41:48,239 --> 00:41:51,577 so Fleckner could go free so Bob could kill him. 963 00:41:53,712 --> 00:41:55,747 The bastard killed my husband. 964 00:41:55,781 --> 00:41:58,283 He ruined my life. I just wanted him dead. 965 00:42:00,318 --> 00:42:03,555 I'm sorry, Bobby. I'm so sorry. 966 00:42:14,032 --> 00:42:16,702 In the matter of The People vs. Robert Cerullo, 967 00:42:16,735 --> 00:42:19,070 on the count of Murder in the Second Degree, 968 00:42:19,104 --> 00:42:20,706 how do you find? 969 00:42:20,739 --> 00:42:24,643 We find the defendant Robert Cerullo guilty. 970 00:42:33,051 --> 00:42:36,354 Have fun the next five years, McCoy. 971 00:42:36,387 --> 00:42:39,224 It's gonna be miserable. 972 00:42:48,299 --> 00:42:50,301 Valerie Messick won't have to answer 973 00:42:50,335 --> 00:42:51,737 for her role in the murder. 974 00:42:51,770 --> 00:42:53,805 She made good use of that immunity blanket 975 00:42:53,839 --> 00:42:54,873 we handed her. 976 00:42:54,906 --> 00:42:56,374 Without her, we couldn't convict. 977 00:42:56,407 --> 00:42:57,876 A dozen motions for new trials 978 00:42:57,909 --> 00:43:00,111 have been filed off Cerullo's old cases. 979 00:43:00,145 --> 00:43:02,681 Up to our eyeballs in ancient history. 980 00:43:02,714 --> 00:43:05,083 The price of justice. 981 00:43:05,116 --> 00:43:07,118 Captioning by Brian at CaptionMax www.captionmax.com