And continuing with charge 16,
that if you find the defendant, Terrell Brooks,
did commit the crime of premeditated murder
then a finding of special circumstances would attach
and a conviction of murder in the First Degree
would be required.
Ladies and gentlemen of the jury,
the murder of a child
is the grimmest of crimes.
But we are not here
to exact vengeance for Janelle Billingsley's family,
as painful as their loss has been.
We are here to ascertain
the guilt or innocence of the man accused.
And you have taken an oath
to do so impartially and in good faith.
This is an awesome power
and it demands a profound responsibility.
It also demands some sleep.
So, why don't we adjourn for today,
start fresh tomorrow.
BAILIFF: All rise.
Obviously, when one of the jurors disappears
on the first day of deliberations,
then there's something very strange going on.
Make a juror disappear, it's a way to force a mistrial.
Especially when there are no alternates.
So who's the juror?
Uh, Peter Ducek. 72. Widower.
Mm, well, if I was the defendant,
that's the guy I'd go for. Talk to the judge yet?
No, not yet. He wants both side present.
Prosecutor's stuck in traffic.
Excuse me, sir, ma'am.
The bailiff told me you're with the FBI.
That's correct.
Hi, I'm Gerald Billingsley.
My sister Janelle, she was the one who was killed.
I'm sorry to hear that.
Is it true what they're saying about the juror?
If you don't find him, the trial's off?
We haven't talked to the judge yet.
Whatever you have to do, you got to find him, man.
We'll do what we can.
Thank you.
Come on, let's go.
Peter Ducek's son called me back.
He's on his way in from Long Island.
That's probably a good thing.
We may get a ransom call coming in.
Why do you say that?
Ducek is worth over $10 million.
Copper wire company.
He retired last year.
Man, am I in the wrong business.
Pretty modest place, considering what he's worth.
Well, apparently, he's lived here for over 40 years.
This sort of reminds me of my grandfather's house.
Which grandfather?
Uh, Dad's dad.
Died when I was 12.
Were you close?
Men in my family aren't into the close thing.
Here's Peter's notes from the trial.
Dates, facts, relevant parts underlined.
Well, that's all very nice,
except that he's not supposed to take
his notes out of the jury room.
Naughty boy, Peter.
Huh. Sam, look at this.
Hmm? See right there?
The way his note ends
He suddenly stopped writing in the middle of a sentence.
And he doesn't pick it up again until two days later.
Maybe he got spooked by something.
I don't know what's with this jury, Your Honor, but frankly, I don't care.
He's already asked off this case once and now he's missing.
It's time for a mistrial.
Mr. Ducek asked to be recused from the jury?
The stress of the proceedings was taking a toll.
When was this, Your Honor?
Last week.
Did he give a specific reason?
He has a heart condition.
He even brought in a note from his cardiologist.
It's been very difficult for me, I'm sorry.
It would mean a mistrial.
We would have to do this whole thing again,
with another jury, at considerable expense,
not to mention how hard it would be
on the victim's family.
I understand. I'm very sorry.
Are you afraid,
Mr. Ducek?
Of what?
The defendant's outburst yesterday.
It frightened some of the other jurors as well.
Well, it wasn't very good for my heart.
I really don't know if I could take anymore.
I'm not going to do anything right now.
I would like you to think about this for a day.
There's a lot at stake here.
Yes... I will.
He came back
days later, said he'd changed his mind. He'd stick it out.
This outburst in the courtroom, what was that about?
Your Honor... A day before,
Mr. Ducek came to see me,
the defendant threatened one of the witnesses in the courtroom.
MAN: I looked through the peephole in my door
and I saw a man leaving the Billingsley apartment.
With a gun.
WOMAN: Did you get a good look at him?
Oh, yes.
Yo, you gonna stop this or what?
Relax.
JUDGE: Mr. Nevans...
control your client.
Is that man
in the courtroom?
Yes.
That's him right there.
You're a liar, old man!
And you better not listen to him!
You'll pay for this. Don't think I can't get to you.
Order in the court.
( gavel banging )
This is precisely what I'm talking about.
You are prejudicing these investigators
against my client.
They'll be sniffing around now
and the jury's going to be contaminated.
I think that we can articulate
these questions in a non-prejudicial manner.
For what it's worth, the State is happy to do whatever it can
to assist the government investigation.
Good, because we to need to see the court transcripts.
And we'd like to talk to Terrell Brooks.
I'm not going to let him say anything to you.
I'm shocked. Unfortunately,
there's nothing I can do about that,
but you can have the transcripts and you can speak with the jury,
as long as you keep me apprised of what's happening.
You're a liar, old man! You better not listen to him.
You're gonna pay for this. Don't think I can't get to you.
Janelle was an honor student.
She wanted to go to Columbia,
so she'd be close to me and my mom.
So how'd she get hooked up with a guy like Terrell Brooks?
She always got teased for being smart.
She thought Brooks would give her street cred.
( sniffles )
What you got there?
Terrell Brooks's posse.
Hmm, find any of them yet?
No, but I got NYPD gang unit rounding them up.
They're not a nice bunch of guys.
I didn't think so.
This is what Brooks did to Janelle Billingsley.
My mother died two years ago.
I wanted my father to move closer to us,
but he wouldn't give up the apartment.
A few days ago,
he asked to be let off the jury.
Well, that's news to me.
Yeah, he claimed it was because of his health.
Well, he's had some heart troubles last year, but as
far as I know, he's been fine.
And he wouldn't have told you?
No, probably not.
My dad's not real open about things like that.
Has there been any behavior lately that seemed out of the ordinary.
Something has happened to him. Somebody has probably
done something to him. You're asking me about his behavior?
Come on, Brian. What?
I'm, I'm sorry.
What about the other night, when you and Noelle were here?
What happened?
I don't think that was anything.
Why don't you let us be the judge of that?
Our daughter had to do a social studies project
on someone she respects.
She asked my father, so we came over.
How'd you meet grandma?
Ah, well, I was 19 years old
on the ship that took me to America.
I was looking into the ocean and I fell overboard.
Grandpa...
No, your grandmother was a mermaid.
She happened to be swimming alongside
the boat and she rescued me.
Not that story, I need you to tell me the real one.
Best of luck. Oh, that's the real one.
Your grandmother was a magical creature.
So you came
to America when you were 19.
What about before that?
What do you mean?
When you were a kid like me, in Czechoslovakia?
What did you do?
Like play games, ride bikes, hang out with your friends?
Uh, that... that was a long, long time ago.
Oh, come on, Grandpa, you must remember something.
You're not that old.
No, I'm sorry.
I... I hope you have enough for your project.
Oh, come on, Grandpa.
I'm not feeling very well.
Dad, I'm gonna get a bad grade.
Dad...
I don't care about her grade.
What did you say? Let go of me.
Dad's always been a bit aloof with me,
but I've never seen him impatient with Noelle.
Do you have any idea what may have brought that on?
No.
The next day is when he talked to the judge about leaving the jury.
He obviously wasn't planning to tell me.
Mr. Ducek,
um...
do you think it's possible that your father
may have considered suicide?
Why would you ask me that?
Oh, if you take into account
his health problems, um, the death of your mother..
My father came to this country with nothing.
Growing up, whenever I had a problem, all I ever heard was,
"You should feel lucky to be alive."
I don't think suicide is his style.
DANNY: Viv, how you doing with the gangbangers?
They've all got pretty solid alibis.
You talk to any of the jurors?
We're not getting much.
Everybody says that Peter kept to himself.
What about the cardiologist?
She's upstairs talking to Sam and Martin now.
You wrote this note for Peter Ducek
so he could be excused from jury service.
That's right.
So he's sick again?
No, he's been on medication.
Everything's been fine.
Then why did you write him a note?
Because he asked me to.
He's been calling your office quite a bit lately.
Yes.
What about?
He, uh...
I'm sorry, this whole thing is just so upsetting.
Dr. Rebel.
Yes?
Does your husband know about you and Mr. Ducek?
No.
We've only been seeing each other a few months.
Where was your husband yesterday?
He's been out of the country for almost ten days.
I can get you his itinerary if you need to check.
That would be great.
Now let's get back to the note that you wrote for him.
Why did Peter want to leave the jury?
He was very vague.
He mumbled something about how he couldn't be impartial.
But you didn't believe that reason.
I thought it was an excuse, but then I saw something
at the courthouse last week, just didn't seem right.
I'm famished. Are you hungry?
Is everything all right?
Who was that man?
It's nothing. Don't worry.
You asked me to write you a note and now you won't tell me what?
Yes, forget about the note.
I'm going to stay on the jury.
I don't understand what's happening with you these days.
There's nothing to understand.
Don't worry about it.
Come on, let's eat.
He begged me to get him
off the trial, then suddenly he's changing his mind.
This man that he was arguing with,
would you be able to recognize him?
I might.
Great.
No, I'm sorry.
Okay.
How 'bout that one?
These were taken in the courtroom.
Look behind the defendant.
Wait.
There.
On the other side.
Where?
Who's that man?
He's the victim's brother.
I'm telling you I didn't do anything to him.
Then why did somebody see you arguing with him?
He's a juror, your sister's the victim.
Do you know you're not even supposed to talk to him?
Yes, I know.
What did you tell him?
I knew there weren't any more alternates.
I just tried to get him to stay.
I need to talk to you.
You're the poor girl's brother. What are you doing here?
If you leave the jury, we have to start all over again.
How did you know I'm leaving?
That son of a bitch killed my little sister.
I shouldn't even be talking to you. Listen!
You don't know what this is doing to me, to my family.
My mom... she cries every night,
I don't know if she misses Janelle or because she has
to sit in there and listen to what he did to her.
It took us two years to get this far in the trial.
We have to start over again and my family can't take it. We can't take it. Please.
I... I understand.
You needn't worry.
But, please, sir...
I... I have to go now.
Why would I do anything to him?
I needed him on that jury and I still do.
You understand we need to tell the judge you spoke to him.
But that could mean a mistrial.
Yes, it could.
I'm sorry, we don't have a choice.
Now we know why Peter Ducek decided to stay on the jury.
We don't know why he wanted off,
or if it has anything to do with why he's missing now.
So far Brooks and his friends are in the clear.
Maybe there was something else going on
with his life and he wanted to get off and deal with it.
What is that?
Thank you.
Yup, Dr. Robel's phone records.
She's had Ducek stay there while her husband was traveling,
I thought he made a call from there and something might pop.
You need a hand?
Sure.
It doesn't qualify as jury tampering, Your Honor.
He wasn't trying to influence Peter Ducek's decision,
he wanted him to stay.
How would he find out that Ducek was leaving in the first place?
One of the ADAs told him.
That's not so good for the state.
Can't you hold off on declaring a mistrial
until we find Peter? At least then you'll have the whole story.
You have until tomorrow morning.
Thank you.
Wait a second, I think I've got something.
What?
There was a call from Dr. Robel's house
to a lawyers' office.
Fisher, Zern and Associates.
Is that her lawyer?
No, it's his.
MAN: My secretary told me
you think Peter is missing.
Yeah, he's been missing for over 24 hours.
( sighs )
Did you talk to his lady friend?
Yes, we did.
He told you he was having an affair?
Is she married?
Well, that would explain it.
Explain what?
He was here a few days ago.
Told me he wanted to change his will.
And there's a lady I'd like to include.
You old dog.
Who is she?
I'd rather not talk about it.
You know I loved Barbara.
If you're ready to move on. I couldn't be happier.
I want to leave her $5 million.
$5 million?
That's a lot of money to give to a woman you just...
And a painting.
What painting?
It... it doesn't matter.
Please just draw up the papers right away.
Does Roy know about this?
No.
You should talk to him.
He shouldn't have to learn about this after you're gone.
MARTIN: Do you know if Peter ever talked to his son?
He promised he'd call Roy that night.
Did he follow up with you? I drew up the papers,
left the name blank, figured we could fill it in when he was ready.
But I never heard back from him.
I'd remember if my dad wanted to will half his fortune to some woman I've never met.
And he never mentioned any of this?
I didn't even know he was dating someone.
You don't seem to know all that much about him.
I'm not sure that's a reason to toss me into an interrogation room.
Your father is missing and you have motive and plenty of attitude, Mr. Ducek.
If it were my father, I wouldn't be holding out on the people that could help me find him.
If you're hiding something, we'll somehow find out.
It's just a matter of time, which you are now wasting.
I didn't even know that painting existed until a few days ago.
Hey, Dad.
What are you doing here?
We're going to Lincoln Center tonight
and then Theresa has her class first thing in the morning.
I called and asked if we could stay over night.
What, Theresa is here, too? Yeah, she's parking the car.
Wow, I've never seen that before.
It's nothing.
It's beautiful. You should hang...
It doesn't belong to me.
Whose is it?
Don't come into my home and interrogate me!
It's none of your business.
Dad...
I didn't mean anything by it.
What is going on with you lately? The other day with Noel, now this.
I think maybe that you should stay in a hotel tonight.
I'm, I'm... I'm sorry.
I always wondered why my dad never talked about his past.
I figured maybe this painting would help explain it, so I...
I called an art dealer the next morning
and I'd seen the name of the artist.
I described the painting to him...
What did the art dealer say?
Apparently there's a database that tracks stolen artwork.
It says that, uh...
this particular painting used to belong to, uh...
a wealthy Jewish family living in Germany during World War II.
Until it was stolen by the SS officer, who...
who sent them to the camps.
You think your father is a Nazi war criminal?
I wish I knew enough about him to say he wasn't.
SAMANTHA: All right,
here's what we got.
Klaus Reinhardt.
He was a lieutenant in the SS, also known as Klaus the Betrayer.
He'd he'd cozy up to the locals get them to turn over any Jews that might be in hiding.
He'd prey on children. Threaten or bribe them to turn against their families, neighbors...
Is there any way of age-enhancing this?
Uh, nope. We would need a better photo.
You know, this all seems pretty circumstantial.
Anything else match up Peter Ducek with Klaus Reinhardt?
Yeah, here's a copy of Reinhardt's Interpol file.
They think he snuck into the U.S. via Eastern Europe sometime in the '50s.
And the INS confirms that Ducek immigrated to the U.S. in 1952,
with Czechoslovakia listed as his point of origin.
Then Peter's only 72.
Wouldn't that make him too young to be Reinhardt?
He could've lied about his age to avoid suspicion.
What about the painting?
ERT has gone through Peter's apartment a dozen times, no painting.
The registry he's listed on is compiled
by the Holocaust Art Restitution Project.
It's called Le Paysage de Jonquilles.
Uh... "Field of Daffodils."
This is a study of the painting from the Dresden Museum's collection.
The curator knew the family who owned it,
Leo and Hilda Klagsbrun.
So what do we think?
A member of the Klagsbrun family finally tracked Klaus Reinhardt down?
That could explain why the painting is missing.
The art dealer said no one's made a claim on it. He thinks no one survived the war.
There can't be that many Klagsbruns, let's make sure.
Peter, a Nazi? That's ridiculous.
Did he mention anything about including you in his will?
No.
He was planning on leaving you a piece of artwork
that was stolen from a Jewish family by the Nazis.
Why would he leave that to me?
Now, did he ever share any details with you
about his childhood
or the war?
No, but that doesn't prove anything.
How about in the last few days?
You notice anybody snooping around his apartment, asking questions?
A salesman at the door? Maintenance guy,
anything like that?
There was a plumber.
Yeah, when?
Two nights before Peter disappeared.
There's a plumber here.
He says he has to do something with the bathroom.
Mm.
Looks like the place where I spent summers in Colorado.
Is that where this is?
No, Czechoslovakia.
Oh, yeah, where?
It was a town called Zendolf. How can I help you?
The manager sent me.
I'm installing low-flow aerators throughout the building.
We were about to have dinner.
I'm sorry, Mr, uh... Ducek, it's a big building.
I need your John Hancock here, I can get started.
Should only take a couple minutes.
I'll stay out of your way.
Thank you.
How long did this plumber hang around?
Maybe ten minutes.
Did Peter act suspicious about it?
He seemed a little distracted, maybe.
I don't know.
I don't know what to tell you.
All right.
( telephone rings )
I checked Peter's apartment, the photo's gone.
Maybe the plumber took it.
The building manager confirmed
he never hired a plumber.
Somebody was on to Peter.
Why now after all of these years?
The painting?
Roy Ducek was the only one...
The art dealer.
Yeah, I'll, uh... I'll call you back a little later, okay?
All right, we subpoenaed the art dealer's phone records.
Right after Roy Ducek called them about the painting,
the art dealer called an Ezra Hayfitz.
The guy's a leader of a vigilante group called Zionists for Truth,
and he's got a kidnapping record.
For Nazi war criminals?
He was caught on his way to a private airport in Cleveland
trying to smuggle one into Israel six years ago.
Where is he now? He did two years time, now he's out.
Mr. Hayfitz, kidnapping doesn't keep you busy enough?
Take up a little plumbing on the side?
No.
Oh, that's too bad.
There's a stopped-up toilet in the men's room.
I was hoping you'd snake it out for me.
If my techniques seem unscrupulous,
they pale in comparison to the ones Klaus Reinhardt used
to lure thousands of innocent people to their deaths.
Where is Klaus Reinhardt?
I have no idea.
I bet the guy you tried to hijack
to Israel would discourage us from believing you.
So what were you doing in Reinhardt's apartment?
Don't say "plumbing."
I was tracking him.
I have no desire to go back to prison.
My intent was to return him to the authorities,
as soon as I could prove that Peter Ducek and Klaus Reinhardt were the same man.
What happened?
Somebody else beat me to it.
And how do you know that?
Another man confronted him two days ago.
And you have no idea who this other man was?
No.
But I retrieved what he threw out.
It was a picture of the proud Hitler youth.
I compared the boys' faces
to the picture I'd taken in Mr. Ducek's apartment.
He's there smiling like it's his birthday.
We're going to need both those photos if you don't mind.
Hayfitz was right, that's Peter right there.
It matches the one from the apartment.
Yeah, well, the tech says that based on pixelation,
it had to have been printed from a negative and the border width dates it pre-1950s.
It's such an easy picture to come by.
I know. How'd you do on Hayfitz's alibi?
He was at a fund-raiser in Connecticut. The hotel vouched he spent the night.
Okay, I found a Klagsbrun. That's her maiden name anyway.
She's now a Cohen. Greta Cohen.
She's 70 and lives with her son
in Brooklyn.
( knock at door )
Who are you?
We're from the FBI, ma'am.
Special Agents Fitzgerald and Malone.
Um, we're looking
for this man, Peter Ducek.
He was here yesterday. Why?
He's missing.
Please come...
come in. Thank you.
JACK: Mrs. Cohen, why did Peter Ducek
come to see you?
He came to return that.
Ma'am, we believe that Peter Ducek
and a man named Klaus Reinhardt
are one and the same.
That's ridiculous.
Peter and I
grew up together.
Peter was there... when Reinhardt came to get us.
He lived next door to the family that hid us
during the war.
I wasn't supposed to,
but I would sneak into the hall sometimes to play with him.
( speaking German ): Peter...
( speaking German )
( footsteps approaching )
( speaking German )
Peter!
Stay still, Greta!
( yells )
( glass breaks )
Mama! Papa!
Come...
Nein! Nein! Nein! Mama!
Nein!
( speaking German )
Peter is not Klaus Reinhardt.
He was just a boy.
Klaus Reinhardt used him to get to us.
They sent my family to Birkenau.
They did the same to the family who hid us.
I was the only sone who survived.
Is this necessary? Why are you making her talk about this stuff?
Mrs. Cohen, if you could tell me in detail
the discussion that you had with Peter, we might be able to find him.
I didn't say a word when Peter first arrived.
And... and when I saw the painting, I was...
I was speechless.
PETER: I've had it all these years.
I found it in the apartment after they took you.
I thought you were dead.
All these years without a single memento of my family.
It's like you've returned part of them to me.
Thank you so much.
No.
No, don't thank me.
Peter, what is it?
Your family is gone because of me.
Klaus Reinhardt knew
there were Jews hiding in one of the apartments.
I told him... where you were.
My God, Peter!
I didn't understand what it really meant,
wh-where they were going to take you.
I thought...
I don't know what I thought.
I'm a coward.
Even now I wasn't going to tell you the whole truth.
I would will you the painting and some money.
I was so afraid to face you.
What changed your mind?
I needed to clear my conscience.
So that's why you're here?
You want forgiveness?
( quietly ) Yes.
I'm sorry, Peter,
I truly am,
but I don't think I can give that to you.
I thanked him for returning the painting, and then he left.
Peter had possession of that painting for over 60 years.
Why do you think he brought it to you now?
I don't know.
Mrs. Cohen, I know this is difficult, but, um...
Can you identify anyone in this photo?
That's him! That's Klaus Reinhardt.
You sure?
I could never forget.
MARTIN: Did Peter mention seeing him recently?
He's alive?
We think so, yes.
All right, I think we're done.
You guys got to leave-- we had enough of this
parading people around here all week; enough is enough.
Has someone else been here besides Peter?
Some man named Hayfitz.
He thought the same thing as you guys,
that Peter was Reinhardt.
Now, please. Look what you're doing to her.
Okay.
Thanks for your help, Mrs. Cohen.
MARTIN: Thank you, ma'am.
How old would he be now?
78.
There you go.
SAMANTHA: Okay, I'll send it over
to Hayfitz, have him take a look at it.
See if this is the same man who confronted Ducek
outside his apartment. You don't have to. I've seen him before.
That's Albert Mackey.
The witness who put Terrell Brooks
at the scene of the crime.
That's him, right there.
That's why Ducek stopped writing in his notebook.
TERRELL: You're a liar, old man! And you better not listen to him!
You'll pay for this! Don't think I can't get to you!
( gavel pounding )
It wasn't that he was scared of Brooks.
He recognized the witness.
He remembered Klaus Reinhardt.
Door's open.
Clear. Mr. Mayhew?
FBI.
Mr. Ducek.
We've been looking for you.
Where's Albert Mayhew?
That's not his name.
We're aware of who he is and what happened between you and Greta Cohen.
Then you know why I had to face him.
You shouldn't leave your door open.
I'm not afraid of anything.
No?
I thought you understood from our conversation,
you have as much to lose as I do.
You actually believe it's the same thing?
I was a child.
Exactly.
Peter...
it was 60 years ago.
Look at us.
We're old men now.
Let go of it.
( sighs ): Forget it.
Forget it?
How can you live with yourself?
You murdered all those people.
Hundreds, thousands.
How many?
It was a different time,
a different place.
What does it matter now? It's history.
It will be...
when you turn yourself in.
( laughs ): Tur... Turn myself...
And what will that accomplish?
You'll have to tell the world what you did
and face the families that are still alive.
You've seen how the courts work here.
I'll die
before that happens.
And so will you.
Maybe you're right.
I was going to kill him, I really was.
But you didn't.
No, that would have been too good for him.
( phone rings )
Excuse me.
Hello?
Where is he, Mr. Ducek?
( chuckles ): You know, I used
to wear ones just like these
on the shoulders of my uniform.
He promised me that what we were doing
was right for the country.
But after what I did to Greta's family,
I cursed every day that I had to put that uniform on.
He saved his.
I just ran a phone check on this apartment.
Somebody placed a call to an organization called
Zionists for Truth about two-and-a-half hours ago.
I'm assuming that was you.
I don't remember.
You gave Reinhardt to Hayfitz
to take back to Israel, didn't you?
Who's Hayfitz? I don't know any Hayfitz.
Come on, Mr. Ducek.
Fred Cohen told you who he is and what he does.
I'm sorry, I can't help you.
Mr. Ducek, this is not the way.
We're going to charge you as an accessory to kidnapping.
Yes.
Well, I'll take my chances.
Anyway, you're too late.
Any word yet?
Nothing from Kennedy or La Guardia.
McArthur's is closed for the night.
We've covered Westchester County and Morristown.
What about Philadelphia? Checked with PHL.
I'm on with Penrich now. All right, I just
got off the phone with Teterborough Airport.
Apparently a Gulfstream 4 took off 40 minutes ago.
The flight plan terminates in Tel Aviv.
How far over the Atlantic are they?
International airspace.
There's nothing we can do.
So there's no way to avoid a mistrial now.
No.
But we get a new trial, right?
But without the testimony of Albert Mayhew.
He was the key witness.
We can't get a conviction without him.
I talked to the prosecutor, she's willing to mount a case.
So Terrell Brooks is gonna walk, huh?
Justice can be slow sometimes, Gerald.