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NARRATOR:
In the criminal justice system
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00:00:03,019 --> 00:00:06,899
the people are represented by two
separate yet equally important groups,
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00:00:06,956 --> 00:00:08,765
the police
who investigate crime
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00:00:08,825 --> 00:00:11,272
and the district attorneys
who prosecute the offenders.
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00:00:11,695 --> 00:00:12,969
These are their stories.
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00:00:14,732 --> 00:00:17,611
Who needs more wine
and cheese parties?
7
00:00:17,668 --> 00:00:19,909
What the board should spend our
money on is better elevators.
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00:00:20,170 --> 00:00:21,843
Well, I like wine
and cheese parties.
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00:00:21,905 --> 00:00:23,248
I get to meet the neighbors.
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00:00:23,307 --> 00:00:25,753
Why do you want to meet them?
You have me and Charlotte.
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00:00:26,510 --> 00:00:28,218
You work all the time.
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00:00:28,880 --> 00:00:31,019
I go crazy talking
to Charlotte all day.
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00:00:31,082 --> 00:00:32,493
You can call me, Claudia.
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00:00:33,785 --> 00:00:34,786
Look at these stairs.
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00:00:35,320 --> 00:00:37,231
Somebody spilled something
and didn't clean it up.
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00:00:37,322 --> 00:00:39,734
Look, it's everywhere. This is what
they should spend our money on.
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00:00:39,858 --> 00:00:42,600
Chris, I think it's blood.
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00:00:43,061 --> 00:00:44,062
What?
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00:00:47,133 --> 00:00:49,204
Claudia, hand me
the cell phone.
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00:00:51,203 --> 00:00:52,273
ED: You canvass
the tenants?
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00:00:52,371 --> 00:00:53,975
Uh-huh. Nobody's
missin' a guest.
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00:00:54,373 --> 00:00:57,445
But we found a guy who saw somebody
outside the building around 9:00
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00:00:57,510 --> 00:00:58,784
matching the
victim's description.
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00:00:58,844 --> 00:01:00,255
What was this somebody doing?
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00:01:00,346 --> 00:01:03,054
He was lurking.
Tenant's exact words.
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00:01:03,215 --> 00:01:05,126
Lurking. You ever actually
see anybody lurk?
27
00:01:05,184 --> 00:01:07,222
Bela Lugosi. That guy
could really lurk.
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00:01:08,789 --> 00:01:09,961
So how'd this guy get in?
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00:01:10,190 --> 00:01:12,932
Super figures he snuck in when
he was taking out the garbage.
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00:01:13,760 --> 00:01:16,297
Well, boys and girls,
what's today's special?
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00:01:16,797 --> 00:01:18,970
OFFICER: Male white,
60 to 70.
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00:01:19,399 --> 00:01:20,844
Blunt force trauma to the head.
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00:01:21,268 --> 00:01:22,770
Looks like he took a
header down the stairs.
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00:01:22,836 --> 00:01:23,837
Slip and slide?
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00:01:23,971 --> 00:01:25,245
No, he had a lending hand.
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00:01:25,473 --> 00:01:29,011
He's got scratches on his face, his hands.
Overcoat's torn.
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00:01:29,076 --> 00:01:30,180
You check his pockets?
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00:01:30,244 --> 00:01:31,985
No ID, no wallet.
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00:01:32,046 --> 00:01:35,357
Nine bucks in loose bills.
Key ring. That's it.
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00:01:35,683 --> 00:01:37,219
Get a team and
search the building.
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00:01:37,718 --> 00:01:39,163
His clothes have got
some miles on them.
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00:01:39,487 --> 00:01:41,694
Shirt's from Bergstrom's
custom tailor.
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00:01:42,791 --> 00:01:46,204
Sleeves are frayed. He's got
a monogram on it. "R.O.T."
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00:01:46,862 --> 00:01:48,773
Looks like the old boy
hit some hard times.
45
00:01:48,864 --> 00:01:51,310
Figure him for a vagrant, looking
for a warm place to sleep.
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00:01:52,501 --> 00:01:54,344
Well, he found it.
(SIGHS)
47
00:02:44,155 --> 00:02:45,156
I can't say.
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00:02:45,290 --> 00:02:46,826
Maybe if he didn't look so bad.
49
00:02:46,925 --> 00:02:48,871
His shirt was monogrammed
on the right sleeve.
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00:02:49,261 --> 00:02:50,262
R-O-T.
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00:02:50,729 --> 00:02:52,470
I'd have to check.
Can you come back?
52
00:02:52,564 --> 00:02:54,134
Hey, we're not
orderin' suits here.
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00:02:54,199 --> 00:02:55,940
We need what we need now.
54
00:03:00,239 --> 00:03:01,843
Ooh! This is nice.
55
00:03:02,708 --> 00:03:03,709
Hey, how much is this?
56
00:03:04,710 --> 00:03:05,848
Five thousand.
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00:03:05,912 --> 00:03:06,913
BRISCOE: For a suit?
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00:03:07,747 --> 00:03:08,817
For a jacket.
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00:03:10,182 --> 00:03:11,217
One good hand.
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00:03:11,284 --> 00:03:13,730
Hey, I found him.
Roger Thorne.
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00:03:14,153 --> 00:03:16,031
Last time he was in
here was a year ago.
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00:03:17,491 --> 00:03:19,061
I'm sorry,
I don't recognize him.
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00:03:19,126 --> 00:03:20,434
What about the shirt?
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00:03:20,494 --> 00:03:21,666
Something special about it?
65
00:03:21,728 --> 00:03:23,230
It's got your monogram on it.
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00:03:23,297 --> 00:03:25,573
No kidding.
Talk about irony.
67
00:03:26,233 --> 00:03:27,268
This is funny to you?
68
00:03:27,467 --> 00:03:29,674
I took my website public
January 10th.
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00:03:29,736 --> 00:03:32,546
January 11th, I threw away all
my suits and collared shirts.
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00:03:32,606 --> 00:03:33,983
Never been happier.
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00:03:34,041 --> 00:03:36,784
This poor guy, on the other
hand, wearing my old shirt.
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00:03:36,844 --> 00:03:39,085
The clothes, when you threw them
away, what'd you do with them?
73
00:03:39,314 --> 00:03:41,692
The Salvation Army Store
on 72nd picked them up.
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00:03:42,784 --> 00:03:46,254
Mmm-hmm. He used to come in here
every month for some years.
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00:03:46,321 --> 00:03:47,527
Old man on a pension.
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00:03:47,588 --> 00:03:49,158
You know his name?
Mr. Whitman.
77
00:03:49,490 --> 00:03:50,696
Usually paid cash.
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00:03:51,359 --> 00:03:52,394
What did he die from?
79
00:03:52,460 --> 00:03:54,270
Taking a header. You
know where he lived?
80
00:03:54,330 --> 00:03:57,402
Oh, no. He hasn't been
around for a few months.
81
00:03:57,466 --> 00:03:59,002
Not since he
passed a bad check.
82
00:03:59,068 --> 00:04:00,741
Do you still have the check?
Got a photocopy.
83
00:04:00,803 --> 00:04:01,873
We'll take it.
84
00:04:01,937 --> 00:04:04,383
Hey, do you know anything about
this guy besides his name?
85
00:04:04,440 --> 00:04:06,681
I think he was
a retired professor.
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00:04:07,943 --> 00:04:10,048
He always carried
this satchel with him,
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00:04:10,112 --> 00:04:12,457
stuffed with newspaper
articles and books.
88
00:04:13,049 --> 00:04:16,053
He said he spent a lot of time
in the library doing research.
89
00:04:16,119 --> 00:04:17,393
Research on what?
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00:04:17,454 --> 00:04:19,297
Check kiting.
Who knows?
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00:04:19,723 --> 00:04:20,724
Here we go.
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00:04:22,225 --> 00:04:25,604
Samuel Whitman.
245, West 41st Street.
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00:04:27,297 --> 00:04:30,177
I rented Sam a room in my
apartment for a couple of years.
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00:04:30,868 --> 00:04:32,575
I had to kick him out
last summer.
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00:04:32,636 --> 00:04:33,979
He wasn't paying his share.
96
00:04:34,038 --> 00:04:35,312
He have any family?
97
00:04:35,373 --> 00:04:37,546
Ex-wife. Couple of
kids he never saw.
98
00:04:38,075 --> 00:04:40,749
What about friends,
like over on East 63rd?
99
00:04:40,811 --> 00:04:41,846
That's where we found him.
100
00:04:41,912 --> 00:04:43,289
I didn't know his friends.
101
00:04:43,347 --> 00:04:45,224
I never heard him
mention that he had any.
102
00:04:45,282 --> 00:04:46,283
Where'd you know him from?
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00:04:46,350 --> 00:04:49,730
Nowhere. I put up a "Room to Rent" sign.
He saw it. He came in.
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00:04:49,788 --> 00:04:50,789
He give any references?
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00:04:50,856 --> 00:04:53,200
(CHUCKLES) Yeah. Ben
Franklin, five times.
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00:04:53,258 --> 00:04:54,965
First month's and
a cleaning deposit.
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00:04:55,027 --> 00:04:56,472
ED: After you evicted him,
where'd he go?
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00:04:56,528 --> 00:04:57,666
Don't know.
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00:04:57,729 --> 00:04:58,867
What about his mail?
Where'd you forward it?
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00:04:58,930 --> 00:05:00,432
I don't. He doesn't
get any mail.
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00:05:00,532 --> 00:05:02,011
Oh, God, this guy's
breaking my heart.
112
00:05:02,067 --> 00:05:03,910
I might have felt
sorry for him too,
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00:05:03,969 --> 00:05:06,677
except he started driving me crazy
with his bitching and moaning.
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00:05:06,738 --> 00:05:09,276
ED: About what?
The CIA, the Navy.
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00:05:09,342 --> 00:05:10,377
Said they killed his son.
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00:05:13,212 --> 00:05:15,658
The M.E. ran a tox
screen on Whitman.
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00:05:15,715 --> 00:05:18,696
There were no traces of anti-psychotic
drugs, no anti-depressants.
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00:05:18,751 --> 00:05:20,025
The man wasn't being medicated.
119
00:05:20,253 --> 00:05:22,392
So his rantings about the CIA?
120
00:05:22,455 --> 00:05:23,866
Probably not delusional.
121
00:05:23,923 --> 00:05:26,803
Or he hadn't popped up
on the shrink radar yet.
122
00:05:26,860 --> 00:05:28,999
You give the apartment
building another shakedown?
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00:05:29,063 --> 00:05:31,771
BRISCOE: Yeah. Nobody but
nobody says they knew the guy.
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00:05:31,832 --> 00:05:33,402
We even checked past tenants.
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00:05:33,801 --> 00:05:36,680
Employees? Former employees?
You give them a good look?
126
00:05:36,737 --> 00:05:39,240
We went back five years. We
can go back 10 if you want.
127
00:05:39,306 --> 00:05:42,776
What I want is for you to tell me
what he was doing in that building.
128
00:05:42,843 --> 00:05:43,878
How about his kids?
129
00:05:43,944 --> 00:05:44,946
We're working on 'em.
130
00:05:45,013 --> 00:05:47,823
You know how many Whitmans there
are in the Social Security rolls?
131
00:05:47,882 --> 00:05:49,486
I'm sure you'll figure it out.
132
00:05:49,551 --> 00:05:51,758
The search team found this in
a dumpster near the building.
133
00:05:51,953 --> 00:05:53,955
S.C.W. Sam Whitman.
134
00:06:00,095 --> 00:06:02,975
Pencils and pens, Kleenex.
135
00:06:04,467 --> 00:06:06,811
"Directory of Government
Phone Numbers."
136
00:06:07,069 --> 00:06:09,379
"Central Intelligence
Agency field report."
137
00:06:09,939 --> 00:06:12,647
Hmm. This looks like a
twentieth-generation photocopy.
138
00:06:12,708 --> 00:06:14,847
Except for a few commas,
all the text is blacked out.
139
00:06:14,910 --> 00:06:17,390
VAN BUREN: Here's a bill for
a mailbox at Postal Place.
140
00:06:17,780 --> 00:06:19,589
Go see what's in it.
141
00:06:22,252 --> 00:06:24,789
I don't know if I can do that.
It's a federal offense, yeah?
142
00:06:24,855 --> 00:06:27,335
Only if we open it, which
we promise we won't.
143
00:06:34,965 --> 00:06:36,342
Thanks. We'll take it
from here.
144
00:06:36,399 --> 00:06:38,106
If you can get us
Mr. Whitman's home address?
145
00:06:44,041 --> 00:06:45,452
Okay, let's see.
146
00:06:47,145 --> 00:06:50,354
Journal of the Americas,
Latin American Review,
147
00:06:50,748 --> 00:06:52,159
Foreign Affairs Quarterly.
148
00:06:52,583 --> 00:06:55,086
Covert Action Policy Review.
149
00:06:56,120 --> 00:06:57,656
CounterPunch newsletter.
150
00:06:58,022 --> 00:06:59,969
Here's something I can relate to.
A phone bill.
151
00:07:00,792 --> 00:07:03,534
"Return to Sender, Moved,
No Forwarding Address."
152
00:07:04,062 --> 00:07:07,600
The letter's addressed to Captain
Ed Albrecht, United States Navy.
153
00:07:07,833 --> 00:07:09,141
Retired, Atlanta.
154
00:07:09,635 --> 00:07:11,137
Fellow conspiracy buff?
155
00:07:11,570 --> 00:07:12,844
Mr. Whitman's address.
156
00:07:12,905 --> 00:07:14,976
Mattawin Hotel.
I wrote it out for you.
157
00:07:15,340 --> 00:07:16,341
ED: Thank you.
158
00:07:21,447 --> 00:07:22,448
Cozy
159
00:07:23,283 --> 00:07:25,957
Seein' as the old guy's
dead, it's all yours.
160
00:07:26,386 --> 00:07:27,490
He have many visitors?
161
00:07:27,554 --> 00:07:29,363
Never seen anybody
come up here.
162
00:07:29,422 --> 00:07:30,958
BRISCOE: Hey, Ed.
163
00:07:32,225 --> 00:07:34,728
"Chilean Socialist Government
Overthrown by Army."
164
00:07:34,794 --> 00:07:36,536
"President Allende
Killed in Coup."
165
00:07:36,630 --> 00:07:38,371
"General Pinochet
takes control."
166
00:07:38,799 --> 00:07:40,801
"September, 1973."
167
00:07:40,901 --> 00:07:43,074
ED: "American College
Student Missing in Chile."
168
00:07:43,470 --> 00:07:46,849
"Jason Whitman, 22, of New York City
tortured and shot at close range."
169
00:07:47,074 --> 00:07:50,317
More top secret stuff from the
Freedom of Information Office.
170
00:07:50,945 --> 00:07:52,549
"Three days before
his disappearance,"
171
00:07:52,613 --> 00:07:56,187
"Jason Whitman was seen in the company of U.S.
Naval Attache..."
172
00:07:56,818 --> 00:07:57,922
The name's blacked out.
173
00:07:58,520 --> 00:08:00,659
Captain Albrecht,
formerly of Atlanta?
174
00:08:02,190 --> 00:08:05,899
If he had anything to do with killing
this man's kid, he'd better run.
175
00:08:05,961 --> 00:08:07,736
Twenty-seven years
later or not.
176
00:08:11,600 --> 00:08:14,343
Nobody named Albrecht ever lived in
the building where Whitman was found.
177
00:08:14,437 --> 00:08:15,814
Maybe he got the wrong address.
178
00:08:15,871 --> 00:08:17,179
Someone in there killed him.
179
00:08:17,240 --> 00:08:18,878
Well, we ruled out hired help.
180
00:08:19,008 --> 00:08:20,988
The building employees and the
domestics all checked out.
181
00:08:21,177 --> 00:08:23,487
Did you run down the address
on Whitman's letter?
182
00:08:23,546 --> 00:08:25,082
It's an apartment complex.
183
00:08:25,147 --> 00:08:27,149
Edwin Albrecht moved
out about a year ago.
184
00:08:27,216 --> 00:08:30,493
He was admitted into a VA hospital
last year with lung cancer.
185
00:08:30,586 --> 00:08:31,759
He died six weeks ago.
186
00:08:31,822 --> 00:08:32,823
Next of kin?
187
00:08:32,889 --> 00:08:35,529
There was nobody named. His wife's
dead, there's no children listed.
188
00:08:35,626 --> 00:08:37,697
He's buried in a VA cemetery
outside of Atlanta.
189
00:08:38,195 --> 00:08:39,765
A lonely old soldier.
190
00:08:39,830 --> 00:08:41,810
Lonely, maybe.
He was only 59.
191
00:08:41,865 --> 00:08:43,105
(PHONE RINGING)
192
00:08:45,535 --> 00:08:46,707
Van Buren.
193
00:08:48,238 --> 00:08:49,808
Right. Thank you.
194
00:08:51,209 --> 00:08:54,019
Sam Whitman's daughter is
in town to claim his body.
195
00:08:58,049 --> 00:09:00,757
Please thank your lieutenant
for making the arrangements.
196
00:09:01,452 --> 00:09:03,932
My mother and I are going to have
my dad buried next to my brother.
197
00:09:04,789 --> 00:09:06,393
BRISCOE: We found some
newspaper clippings
198
00:09:06,457 --> 00:09:08,528
about your brother
in your dad's apartment.
199
00:09:09,828 --> 00:09:11,808
Jason's death
tore our family apart.
200
00:09:11,864 --> 00:09:13,309
My mom and dad split up.
201
00:09:13,365 --> 00:09:15,345
He kept drifting
from job to job.
202
00:09:15,934 --> 00:09:17,311
It was like his heart
was ripped out of him.
203
00:09:18,337 --> 00:09:19,748
What can you tell us
about what happened?
204
00:09:20,406 --> 00:09:22,477
He was murdered by
the Chilean military.
205
00:09:23,575 --> 00:09:26,715
And Dad was obsessed with finding
out who was responsible.
206
00:09:27,212 --> 00:09:28,624
ED: Did he ever say
who it was?
207
00:09:29,049 --> 00:09:30,050
Pinochet.
208
00:09:30,650 --> 00:09:33,426
And he thought that people from the U.S.
were involved.
209
00:09:34,754 --> 00:09:38,031
Did he ever mention a Naval
Captain named Albrecht?
210
00:09:38,358 --> 00:09:40,531
We think he was looking for
him the night he was killed.
211
00:09:41,027 --> 00:09:42,938
No, he never mentioned
that name, but,
212
00:09:42,996 --> 00:09:45,408
you know, I called my
dad a few weeks ago,
213
00:09:45,465 --> 00:09:47,309
and he sounded really upbeat.
214
00:09:47,902 --> 00:09:51,440
He said that pretty soon the truth about
Jason's death was going to come out.
215
00:09:52,440 --> 00:09:55,580
I took it as another one
of my dad's false hopes.
216
00:09:58,813 --> 00:10:01,419
Can you excuse me?
I need to call my mother.
217
00:10:01,482 --> 00:10:02,825
Sure.
218
00:10:06,355 --> 00:10:07,629
(SIGHS)
219
00:10:07,689 --> 00:10:10,397
I think it's time we honed in
on this Albrecht character.
220
00:10:10,492 --> 00:10:13,029
Let's check the IUDs for every
apartment in that building.
221
00:10:13,462 --> 00:10:14,873
That's about
200 phones, Lennie.
222
00:10:15,263 --> 00:10:17,709
Maybe we can connect one
of them to the VA hospital
223
00:10:17,766 --> 00:10:19,803
or to Albrecht's
Atlanta address.
224
00:10:22,471 --> 00:10:24,577
I get the feeling
we're chasing ghosts here.
225
00:10:24,640 --> 00:10:26,415
They seem real enough to me.
226
00:10:27,944 --> 00:10:31,391
A resident named Kevin Morse
made an overseas call to
227
00:10:31,481 --> 00:10:35,088
country code 56, city code 2.
228
00:10:35,284 --> 00:10:36,524
That's not Atlanta.
229
00:10:37,086 --> 00:10:39,794
Santiago, Chile, two weeks ago.
230
00:10:44,995 --> 00:10:46,497
(PHONE LINE RINGING) Por favor.
231
00:10:52,603 --> 00:10:55,015
Let me guess. Voice
mail hell, in Spanish.
232
00:10:55,406 --> 00:10:56,407
Hola.
233
00:10:58,342 --> 00:11:00,015
Chilean Army Headquarters.
234
00:11:00,712 --> 00:11:03,056
What's this guy Morse doing
calling the Chilean Army?
235
00:11:07,051 --> 00:11:09,793
Two weeks ago, my window
frames were being replaced.
236
00:11:09,888 --> 00:11:11,868
There were four Spanish
guys up here working.
237
00:11:12,123 --> 00:11:13,397
Did you let them
use your phone?
238
00:11:13,625 --> 00:11:14,729
We aren't here during the day.
239
00:11:14,893 --> 00:11:16,895
There's supposed to be somebody
from the managing agent with them
240
00:11:16,961 --> 00:11:18,133
so things like that
don't happen.
241
00:11:18,797 --> 00:11:21,244
BRISCOE: You mind tellin' us
where you were Tuesday night?
242
00:11:21,300 --> 00:11:23,780
Here, with my wife and daughter.
Never left the house.
243
00:11:24,170 --> 00:11:26,013
Do you know anybody
named Edwin Albrecht?
244
00:11:26,272 --> 00:11:27,580
No, I don't.
245
00:11:28,140 --> 00:11:29,380
Now, if you want to find
out about that call,
246
00:11:29,442 --> 00:11:30,785
you should ask those workers.
247
00:11:30,843 --> 00:11:32,220
Thanks.
248
00:11:33,913 --> 00:11:36,757
Let's find out who's sellin'
window frames in Santiago.
249
00:11:38,685 --> 00:11:41,859
After you phoned yesterday, I discussed
this matter with the Consul General.
250
00:11:42,722 --> 00:11:44,963
He would like to know if the
person who was called in Chile
251
00:11:45,225 --> 00:11:46,329
is your murder suspect.
252
00:11:46,393 --> 00:11:47,531
Why?
253
00:11:47,594 --> 00:11:50,598
Because we traced this call to a very
prominent figure in our country.
254
00:11:51,031 --> 00:11:54,410
Well, our suspect's an American.
But, who did the call go to?
255
00:11:54,734 --> 00:11:56,373
To Colonel Emilio Pantoya.
256
00:11:56,637 --> 00:11:58,742
Director of Intelligence
for Pinochet?
257
00:11:59,841 --> 00:12:02,082
From what I read, Pantoya's
practically a war criminal.
258
00:12:02,944 --> 00:12:04,287
Old history.
259
00:12:04,345 --> 00:12:05,915
Chile is a democracy now.
260
00:12:06,347 --> 00:12:07,826
Colonel Pantoya's a senator.
261
00:12:07,882 --> 00:12:09,520
Elected?
Appointed
262
00:12:10,151 --> 00:12:11,221
by our President.
263
00:12:11,486 --> 00:12:13,523
What business would an American
civilian have with him?
264
00:12:14,689 --> 00:12:17,227
It may have had something to do
with Colonel Pantoya's illness.
265
00:12:17,926 --> 00:12:20,167
He's here in New York
at Landis Hill Hospital.
266
00:12:23,899 --> 00:12:26,607
I have strict instructions.
No is one to see the Colonel.
267
00:12:26,702 --> 00:12:28,272
Is that for some sort
of medical reason?
268
00:12:28,403 --> 00:12:29,882
That's right.
He has kidney disease.
269
00:12:29,938 --> 00:12:31,474
His doctor won't return
until tomorrow.
270
00:12:31,540 --> 00:12:33,817
How about we just poke our heads in
and see if the Colonel's up to it?
271
00:12:33,877 --> 00:12:35,379
I'm sorry, I can't.
272
00:12:36,646 --> 00:12:37,647
Okay.
273
00:12:38,982 --> 00:12:39,983
Maybe you can help us.
274
00:12:40,450 --> 00:12:42,191
ORRA: So you don't have
to upset the Colonel?
275
00:12:42,252 --> 00:12:43,322
Yeah, right.
276
00:12:44,587 --> 00:12:46,157
Your boss know a Kevin Morse
277
00:12:46,589 --> 00:12:48,296
or a Captain Edwin Albrecht?
278
00:12:48,358 --> 00:12:49,632
I don't recognize those names.
279
00:12:49,692 --> 00:12:50,966
How about Sam Whitman?
280
00:12:52,596 --> 00:12:55,372
If the Colonel had contact with
these men, I would know this.
281
00:12:55,733 --> 00:12:58,873
So you see, you're
wasting your time here.
282
00:13:03,073 --> 00:13:05,815
Doctor comes in once a day,
he can't be all that sick.
283
00:13:06,177 --> 00:13:07,520
We ain't gettin' in there
without a warrant.
284
00:13:08,078 --> 00:13:10,889
But we know the call came
from Morse's apartment.
285
00:13:10,949 --> 00:13:12,292
He's not a government employee.
286
00:13:12,350 --> 00:13:15,160
Maybe he's got some past
connection to the military.
287
00:13:18,290 --> 00:13:22,295
Kevin Morse. Born 417166
in Danbury, Connecticut.
288
00:13:23,161 --> 00:13:26,233
Alumni scholarship to Annapolis,
brief tour in the Persian Gulf.
289
00:13:26,364 --> 00:13:27,502
How long was he in the Navy?
290
00:13:27,966 --> 00:13:30,140
Two years. He resigned
his commission.
291
00:13:30,436 --> 00:13:32,279
Why?
Doesn't say.
292
00:13:32,872 --> 00:13:35,079
We got his old man's name
from his rental application.
293
00:13:35,174 --> 00:13:36,983
You got anything for
a Franklin Morse?
294
00:13:41,581 --> 00:13:44,721
Born August 19th, 1942,
in Milwaukee.
295
00:13:44,784 --> 00:13:48,323
Drafted in '62, stationed with the
Third Infantry in West Germany.
296
00:13:48,388 --> 00:13:51,494
I thought Morse Junior was
second-generation Annapolis.
297
00:13:51,758 --> 00:13:54,170
All it says is Morse Senior
graduated high school.
298
00:13:54,962 --> 00:13:58,637
He was honorably discharged from
the Army and married in 1975.
299
00:13:58,699 --> 00:13:59,871
1975?
300
00:14:00,233 --> 00:14:02,770
His son Kevin was born nine
years before he was married?
301
00:14:03,170 --> 00:14:04,376
I'm just giving you
what's here.
302
00:14:05,072 --> 00:14:08,714
Do me a favor. Run a Naval
Captain Edwin Albrecht.
303
00:14:15,016 --> 00:14:17,462
Captain Edwin Albrecht
had one son.
304
00:14:17,685 --> 00:14:18,686
Kevin.
305
00:14:18,953 --> 00:14:21,126
He just happens to have
the same birth date as you.
306
00:14:22,790 --> 00:14:23,825
He was my father.
307
00:14:24,325 --> 00:14:25,532
Then why'd you lie about it?
308
00:14:25,894 --> 00:14:26,895
(STUTTERING) I'm sorry.
309
00:14:27,496 --> 00:14:30,102
When my mother remarried,
I took my stepfather's name.
310
00:14:30,366 --> 00:14:32,937
Whitman was obsessed
with finding your father.
311
00:14:33,469 --> 00:14:34,470
Is that why you killed him?
312
00:14:34,737 --> 00:14:35,738
My father's dead.
313
00:14:36,238 --> 00:14:37,842
So maybe Whitman
got obsessed with you.
314
00:14:37,906 --> 00:14:39,579
BRISCOE: It all stacks up
against you, Mr. Morse.
315
00:14:40,342 --> 00:14:42,117
Your father's posting
at the embassy in Chile.
316
00:14:42,177 --> 00:14:43,816
The death of Whitman's son
during the coup.
317
00:14:43,913 --> 00:14:46,393
The telephone call to
Chilean Army Headquarters.
318
00:14:46,950 --> 00:14:48,452
Maybe you better explain
what happened.
319
00:14:52,956 --> 00:14:55,766
When this Whitman
knocked on my door,
320
00:14:56,993 --> 00:14:58,700
I'd never laid eyes
on him before.
321
00:14:59,462 --> 00:15:01,100
He started raving
about a cover-up,
322
00:15:01,164 --> 00:15:02,769
demanding to
see Captain Albrecht.
323
00:15:03,434 --> 00:15:06,313
So I let him into the stairwell
so he wouldn't upset my family.
324
00:15:06,504 --> 00:15:08,609
So nobody could see you
beat the crap out of him.
325
00:15:08,672 --> 00:15:09,810
I didn't mean to hurt him...
326
00:15:10,274 --> 00:15:11,947
I told him that
my father was dead.
327
00:15:13,344 --> 00:15:15,483
He went into a rage. He
said he didn't believe me.
328
00:15:15,846 --> 00:15:16,847
He grabbed me.
329
00:15:17,381 --> 00:15:19,918
I fought him off
to try to protect myself.
330
00:15:20,851 --> 00:15:21,990
He slipped.
331
00:15:22,054 --> 00:15:23,192
He fell down the stairs.
332
00:15:23,989 --> 00:15:25,332
I swear it was an accident.
333
00:15:25,624 --> 00:15:27,695
Then why'd you try to get rid
of his satchel and his I.D.?
334
00:15:28,026 --> 00:15:29,403
Because I didn't think
anyone would believe me.
335
00:15:30,062 --> 00:15:31,132
So why should we?
336
00:15:32,564 --> 00:15:33,770
I was ashamed.
Why?
337
00:15:33,832 --> 00:15:35,436
Because you beat
an old man to death?
338
00:15:38,236 --> 00:15:39,271
Because of my father.
339
00:15:40,473 --> 00:15:41,918
What Whitman said was true.
340
00:15:42,575 --> 00:15:43,952
He killed Whitman's son?
341
00:15:47,480 --> 00:15:49,289
My father was drunk one night.
342
00:15:50,650 --> 00:15:53,790
He started bragging about how they'd
helped the Chileans murder an American.
343
00:15:54,153 --> 00:15:55,154
BRISCOE: They?
344
00:15:57,356 --> 00:15:58,563
Naval Intelligence.
345
00:15:59,460 --> 00:16:01,337
Your father said
he was involved?
346
00:16:04,531 --> 00:16:05,908
I didn't want to
believe it at first.
347
00:16:09,136 --> 00:16:12,879
American officers
killing an American.
348
00:16:18,279 --> 00:16:20,190
And then I killed his father.
349
00:16:24,319 --> 00:16:27,391
Morse says Pantoya was calling to
get in contact with his father.
350
00:16:27,555 --> 00:16:29,296
Morse called him back to tell
him his father was dead.
351
00:16:29,357 --> 00:16:30,358
You believe him?
352
00:16:30,425 --> 00:16:32,405
Hey, he's sittin' at home,
minding his own business.
353
00:16:32,460 --> 00:16:35,874
Whitman shows up and goes off on him about
something that happened 30 years ago.
354
00:16:36,198 --> 00:16:37,609
Any problems with
his confession?
355
00:16:37,733 --> 00:16:39,508
We got it all in writing
with a Miranda waiver.
356
00:16:39,668 --> 00:16:42,012
To tell you the truth, I think Morse
was happy to get it off his chest.
357
00:16:42,138 --> 00:16:44,550
Too bad he's the only one in
his family with a conscience.
358
00:16:44,940 --> 00:16:48,410
(SIGHS) Well, if you need
anything else, let us know.
359
00:16:53,315 --> 00:16:54,317
Man two?
360
00:16:55,085 --> 00:16:56,655
One to three.
I can live with that.
361
00:16:57,587 --> 00:16:59,191
Well, we can put
that one in the books.
362
00:17:00,357 --> 00:17:01,893
One down, one to go.
363
00:17:01,958 --> 00:17:02,959
(THUMPS TABLE)
364
00:17:07,864 --> 00:17:11,471
Captain Albrecht told his son he was
complicit in Jason Whitman's murder.
365
00:17:12,135 --> 00:17:14,446
We think it warrants
a federal investigation.
366
00:17:14,505 --> 00:17:15,609
We did some checking.
367
00:17:15,673 --> 00:17:18,347
Albrecht was nowhere near Chile
when the young man was killed.
368
00:17:18,843 --> 00:17:22,052
So what? He could have had accomplices.
Chilean nationalists.
369
00:17:22,113 --> 00:17:23,353
Aren't they in Santiago?
370
00:17:23,414 --> 00:17:25,325
Colonel Pantoya's
here in New York.
371
00:17:25,383 --> 00:17:28,091
Pantoya's a senator for life.
He has immunity.
372
00:17:28,152 --> 00:17:30,098
His own people don't
want to prosecute him.
373
00:17:30,188 --> 00:17:32,726
He was given immunity
to pacify the military
374
00:17:32,791 --> 00:17:35,067
so they wouldn't seize
power from his own people.
375
00:17:35,794 --> 00:17:37,501
The last thing the
Justice Department wants
376
00:17:37,563 --> 00:17:40,203
is to meddle in the internal
affairs of a sovereign country.
377
00:17:40,532 --> 00:17:43,138
It's a little late to be
repudiating the Monroe Doctrine.
378
00:17:43,569 --> 00:17:44,809
Why don't you
just look into it?
379
00:17:44,870 --> 00:17:46,213
It's not an American problem.
380
00:17:46,438 --> 00:17:48,111
A dead American
is not your problem?
381
00:17:49,809 --> 00:17:51,652
It's over and done
with, Mr. McCoy.
382
00:17:56,049 --> 00:17:58,290
Jason Whitman grew up
in Hell's Kitchen.
383
00:17:58,418 --> 00:18:01,194
Graduated from Power Memorial
on the Upper West Side.
384
00:18:01,387 --> 00:18:03,924
Lew Alcindor's old school. They
tore it down 15 years ago.
385
00:18:04,824 --> 00:18:06,701
It's time to let go, Jack.
386
00:18:06,759 --> 00:18:09,673
The Feds aren't interested.
There's little or no evidence.
387
00:18:09,797 --> 00:18:10,867
It's a dead end.
388
00:18:11,198 --> 00:18:12,233
This could have been me.
389
00:18:12,299 --> 00:18:14,870
I can't really picture you
with a Che Guevara look.
390
00:18:15,402 --> 00:18:17,746
You won't get your hands
on Pantoya again.
391
00:18:17,872 --> 00:18:19,943
Pantoya's 74 years old.
392
00:18:20,007 --> 00:18:22,419
Is that an affirmative
defense for mass murder?
393
00:18:22,676 --> 00:18:25,384
Chile's a democracy now. Maybe it's
time we stayed out of their business.
394
00:18:25,880 --> 00:18:27,656
That would have been good
advice for Jason Whitman.
395
00:18:27,883 --> 00:18:29,794
Hey, the kid
didn't deserve to die.
396
00:18:30,719 --> 00:18:32,721
Whitman had a girlfriend
who went with him to Chile.
397
00:18:32,787 --> 00:18:34,994
Let's see if we can find her.
398
00:18:35,457 --> 00:18:37,994
Jason and I fell in love
during my sophomore year.
399
00:18:38,326 --> 00:18:39,771
We spent the summer in Chile.
400
00:18:40,295 --> 00:18:41,706
What was the attraction,
Mrs. Benson?
401
00:18:43,031 --> 00:18:46,070
Jason and I were into the
socialists who'd just been elected.
402
00:18:46,135 --> 00:18:49,548
It sounds naive now, but the whole
world was changing before our eyes.
403
00:18:49,639 --> 00:18:51,050
We just wanted to
be a part of it.
404
00:18:51,641 --> 00:18:53,018
What did you do while
you were down there?
405
00:18:53,709 --> 00:18:57,623
Jason caught on as a stringer at one of
the leftist radio stations in Santiago.
406
00:18:58,614 --> 00:19:02,460
Did you ever come into contact with a U.S.
Naval Captain named Albrecht?
407
00:19:03,319 --> 00:19:05,561
We were in Valparaiso
right before the coup.
408
00:19:06,223 --> 00:19:08,601
There were U.S. warships
anchored offshore.
409
00:19:09,726 --> 00:19:11,797
We met Albrecht in a cantina.
410
00:19:12,529 --> 00:19:15,635
He gave us lift back to our friends'
house just outside Santiago.
411
00:19:16,600 --> 00:19:17,601
Americans?
412
00:19:17,801 --> 00:19:19,280
Tino and Elena Calderon.
413
00:19:19,937 --> 00:19:23,408
On the way there, he warned us that
we should get the hell out of Chile.
414
00:19:23,575 --> 00:19:25,145
So you got out
and Jason didn't.
415
00:19:25,410 --> 00:19:27,390
I begged Jason to come with me.
416
00:19:27,445 --> 00:19:29,925
He told me he'd be okay
at the Calderon's.
417
00:19:30,648 --> 00:19:32,286
He said not to worry.
418
00:19:32,383 --> 00:19:34,624
Nobody'd bother him
because he was American.
419
00:19:36,588 --> 00:19:37,760
Carrie and Jason.
420
00:19:39,958 --> 00:19:41,996
It reminds me of
a very bad time.
421
00:19:43,862 --> 00:19:46,138
I thought when I came to
this country I would forget.
422
00:19:47,566 --> 00:19:49,739
Why didn't your husband
emigrate here with you?
423
00:19:51,036 --> 00:19:52,606
Carrie didn't tell you?
424
00:19:53,272 --> 00:19:55,878
He was killed
by Colonel Pantoya.
425
00:19:56,442 --> 00:19:58,115
Could you tell us
how it happened?
426
00:20:00,413 --> 00:20:02,290
When General Pinochet
took over,
427
00:20:02,682 --> 00:20:04,389
Jason came to stay with us.
428
00:20:04,784 --> 00:20:06,058
But they found him anyway.
429
00:20:06,620 --> 00:20:08,099
JACK:
Do you know how?
430
00:20:09,990 --> 00:20:11,094
I'm sorry.
431
00:20:11,925 --> 00:20:14,735
We told Jason that he
should try to go back home.
432
00:20:15,862 --> 00:20:16,863
But he said no.
433
00:20:17,631 --> 00:20:19,270
He wanted to stay and help us.
434
00:20:21,135 --> 00:20:23,672
One night the soldiers
knocked down our door.
435
00:20:23,738 --> 00:20:24,739
La Guarda.
436
00:20:25,206 --> 00:20:26,549
Colonel Pantoya's men.
437
00:20:27,475 --> 00:20:28,545
Where did they take them?
438
00:20:28,943 --> 00:20:29,944
They just
439
00:20:30,044 --> 00:20:32,752
took them outside and
put them in the truck.
440
00:20:34,415 --> 00:20:35,826
I never saw Tino again.
441
00:20:37,051 --> 00:20:39,123
They never even brought
his body back to me.
442
00:20:44,493 --> 00:20:46,632
Subpoenaed files from our
friends at the Navy.
443
00:20:47,262 --> 00:20:49,469
Maybe we'll find out
if Albrecht was in Chile.
444
00:20:51,166 --> 00:20:52,577
I hope you know
what you're doin'.
445
00:20:54,102 --> 00:20:56,640
Captain Albrecht knew where
Jason Whitman was hiding.
446
00:20:56,706 --> 00:20:58,151
I think he dropped
the dime on him.
447
00:20:58,708 --> 00:21:00,119
It could have been
anyone, Jack.
448
00:21:00,176 --> 00:21:02,782
Then how do you explain
what Albrecht told his son?
449
00:21:04,881 --> 00:21:06,224
We're tilting at windmills.
450
00:21:06,449 --> 00:21:09,089
What windmills? Jason Whitman
was tortured and murdered.
451
00:21:09,218 --> 00:21:10,288
Over there.
452
00:21:10,353 --> 00:21:12,492
And I've got a flesh and
blood suspect right here.
453
00:21:13,523 --> 00:21:16,266
So now we claim jurisdiction for
every New Yorker that's killed?
454
00:21:16,393 --> 00:21:19,169
Well, if you're gonna get hung up on
a little thing like jurisdiction.
455
00:21:20,097 --> 00:21:21,098
(CARMICHAEL SIGHS)
456
00:21:21,699 --> 00:21:22,803
What?
457
00:21:23,667 --> 00:21:24,702
(SIGHS)
458
00:21:24,768 --> 00:21:26,145
Maybe I shouldn't
tell you this.
459
00:21:27,037 --> 00:21:29,381
Naval log from the day
Whitman was arrested.
460
00:21:30,074 --> 00:21:31,576
Captain Albrecht
was in New York
461
00:21:31,642 --> 00:21:34,317
at the UN to brief our delegation
to the Security Council.
462
00:21:35,447 --> 00:21:37,654
He and his aide were
registered at the Hilton.
463
00:21:37,949 --> 00:21:39,929
John Groban,
Lieutenant Junior Grade.
464
00:21:41,653 --> 00:21:42,654
Let's find him.
465
00:21:43,688 --> 00:21:46,328
Captain Albrecht was in the room
right next to me at the Hilton.
466
00:21:47,225 --> 00:21:49,603
The coup in Chile started
the night he flew in.
467
00:21:49,661 --> 00:21:54,372
I was juggling calls from
West-Pac, Naval Operations...
468
00:21:55,534 --> 00:21:57,445
Captain Albrecht make
any calls to Chile?
469
00:21:57,503 --> 00:21:58,573
Not while I was there.
470
00:21:59,238 --> 00:22:02,344
JACK: He ever mention a Chilean
Colonel named Pantoya?
471
00:22:04,543 --> 00:22:05,954
Actually, yeah.
472
00:22:06,979 --> 00:22:09,960
The night he went to the UN he had
me run out and send him a telex.
473
00:22:10,250 --> 00:22:11,593
Do you remember what it said?
474
00:22:11,651 --> 00:22:13,426
It was just an address
475
00:22:13,987 --> 00:22:15,295
and some initials.
476
00:22:15,355 --> 00:22:16,527
What initials?
477
00:22:18,625 --> 00:22:20,332
I'm pretty sure
it said J.W.
478
00:22:20,393 --> 00:22:22,430
You knew about this?
Why didn't you tell someone?
479
00:22:22,496 --> 00:22:23,497
I did.
480
00:22:24,097 --> 00:22:25,906
They already knew.
481
00:22:27,267 --> 00:22:29,111
The telex was
sent at 6:30 p.m.
482
00:22:29,170 --> 00:22:34,017
Four hours later, the National Guard rolled
up to the address Albrecht provided.
483
00:22:34,542 --> 00:22:37,386
A house outside Santiago
belonging to Tino Calderon.
484
00:22:37,645 --> 00:22:39,682
That's where they
arrested Jason Whitman.
485
00:22:40,782 --> 00:22:42,125
There's our jurisdiction, Adam.
486
00:22:42,183 --> 00:22:44,220
You couldn't let
sleeping dogs lie.
487
00:22:44,652 --> 00:22:46,996
I just got off the phone with
the Under Secretary of State.
488
00:22:47,523 --> 00:22:49,969
They heard about the files you
subpoenaed from the Navy.
489
00:22:50,025 --> 00:22:51,095
They're hopping mad.
490
00:22:51,160 --> 00:22:53,902
Whitman was set up from 6th
Avenue and 53rd Street.
491
00:22:53,962 --> 00:22:55,873
You were an A.D.A.
when they killed him.
492
00:22:56,331 --> 00:22:57,708
You can put Pantoya in it?
493
00:22:57,766 --> 00:23:00,838
The telex with Whitman's address
was sent directly to him.
494
00:23:01,303 --> 00:23:02,543
Oh, boy.
495
00:23:04,173 --> 00:23:06,711
We do this, all hell
breaks loose I know.
496
00:23:09,179 --> 00:23:10,180
Well?
497
00:23:14,050 --> 00:23:15,552
Vaya con Dios.
498
00:23:17,120 --> 00:23:19,100
(CHATTER ON POLICE RADIO)
499
00:23:20,557 --> 00:23:21,968
Stand aside, jefe.
500
00:23:24,595 --> 00:23:25,767
Yes?
501
00:23:26,864 --> 00:23:29,003
What is it? BRISCOE: You're
under arrest, Colonel.
502
00:23:29,667 --> 00:23:31,772
Arrest? What for?
503
00:23:31,969 --> 00:23:33,812
Conspiracy to commit murder.
504
00:23:33,871 --> 00:23:34,872
(SCOFFS)
505
00:23:35,739 --> 00:23:38,686
I'm sorry, my friend,
but I have immunity.
506
00:23:39,276 --> 00:23:40,414
Blanket immunity.
507
00:23:40,778 --> 00:23:44,317
Yeah, the same blanket you
put over Whitman's corpse?
508
00:23:44,416 --> 00:23:46,487
You have the right to remain silent.
Anything you say
509
00:23:46,551 --> 00:23:49,054
can be used against you. You
have the right to an attorney.
510
00:23:49,120 --> 00:23:50,531
If you do not have an attorney,
511
00:23:50,589 --> 00:23:51,897
one will be appointed to you.
512
00:23:52,457 --> 00:23:55,165
You have no idea what a headache
you've created for the administration.
513
00:23:55,227 --> 00:23:56,865
You're thumbing nose
514
00:23:56,928 --> 00:24:00,307
at the stated policy of not only this
president, but every president before him.
515
00:24:00,365 --> 00:24:01,435
Which is what?
516
00:24:01,868 --> 00:24:04,474
Giving aid and comfort
to tinhorn despots?
517
00:24:05,338 --> 00:24:07,818
It's an internal matter
for the Chilean people.
518
00:24:07,874 --> 00:24:12,254
Yeah, well, we don't see them falling
over themselves to do anything about it.
519
00:24:12,311 --> 00:24:13,915
Be that as it may,
Mr. Schiff,
520
00:24:13,980 --> 00:24:16,620
it's outside the purview
of your office. It is?
521
00:24:17,149 --> 00:24:18,526
A kid from the West Side?
522
00:24:18,584 --> 00:24:20,565
WHEELER: This isn't
neighborhood politics.
523
00:24:20,621 --> 00:24:22,100
You're screwing with
our national interest.
524
00:24:22,556 --> 00:24:24,263
Stupid me.
525
00:24:24,324 --> 00:24:28,238
I was under the impression that our
national interest was prosecuting people
526
00:24:28,295 --> 00:24:29,797
who murder our citizens.
527
00:24:30,364 --> 00:24:32,401
You won't do it, I will.
528
00:24:34,835 --> 00:24:36,075
We're filing an amicus brief
529
00:24:36,136 --> 00:24:39,141
in support of Colonel Pantoya's
motion to dismiss the indictment.
530
00:24:39,207 --> 00:24:40,379
Good for you.
531
00:24:49,050 --> 00:24:50,461
Just don't embarrass me.
532
00:24:53,521 --> 00:24:56,661
Everyone here agrees that Jason
Whitman was killed in Chile.
533
00:24:56,858 --> 00:24:59,396
Since no significant element of
that crime took place in New York
534
00:24:59,461 --> 00:25:01,304
or even on American soil...
535
00:25:01,363 --> 00:25:03,434
The information about
Jason Whitman's whereabouts
536
00:25:03,499 --> 00:25:06,878
was sent to Colonel Pantoya
by telex from a Midtown hotel.
537
00:25:07,202 --> 00:25:10,479
Under New York law, the
crime of conspiracy occurs
538
00:25:10,539 --> 00:25:13,179
where any element of the
conspiracy takes place.
539
00:25:13,242 --> 00:25:16,189
That telex isn't an element
of any murder conspiracy.
540
00:25:16,246 --> 00:25:18,624
Mr. McCoy cannot prove
that Captain Albrecht knew
541
00:25:18,682 --> 00:25:22,152
sending the information would
result in Jason Whitman's death.
542
00:25:22,218 --> 00:25:23,925
Your Honor, did Albrecht
think the Colonel
543
00:25:23,987 --> 00:25:25,933
was going to take Jason
out for a bowl ceviche?
544
00:25:25,989 --> 00:25:28,060
What are they gonna do?
Dig him up and ask him?
545
00:25:28,124 --> 00:25:30,934
They cannot prove intent.
No intent, no conspiracy.
546
00:25:31,094 --> 00:25:34,405
No conspiracy, Colonel Pantoya
goes home, no matter what crimes
547
00:25:34,464 --> 00:25:35,944
he might have
committed in Chile,
548
00:25:36,000 --> 00:25:38,480
where, by the way, he's
been granted full immunity.
549
00:25:38,536 --> 00:25:43,542
What that telex proves about Albrecht's
intent is an issue of fact for a jury,
550
00:25:43,608 --> 00:25:45,315
not an issue of law
for a judge.
551
00:25:46,377 --> 00:25:49,415
I've got to go with Mr. McCoy on
this, Mr. Chiles. I have no choice.
552
00:25:49,480 --> 00:25:50,891
Your motion to
dismiss is denied.
553
00:25:50,948 --> 00:25:54,396
Then, Your Honor, I ask that the charges
be set aside on humanitarian grounds.
554
00:25:54,453 --> 00:25:55,454
I have a report
555
00:25:55,520 --> 00:25:59,161
from three American doctors detailing
Colonel Pantoya's medical status.
556
00:25:59,224 --> 00:26:02,797
He has kidney disease, diabetes,
he suffered a stroke last year.
557
00:26:02,861 --> 00:26:07,833
His health is failing. Prosecuting this
sick old man serves no useful purpose.
558
00:26:07,899 --> 00:26:11,813
Your Honor, we prosecute criminals
who have cancer and AIDS.
559
00:26:12,472 --> 00:26:14,076
Why make an exception?
560
00:26:16,876 --> 00:26:19,413
I'll need a few days
to review these reports.
561
00:26:22,648 --> 00:26:24,252
I don't need this, Adam.
562
00:26:24,350 --> 00:26:26,296
That makes two of us.
Then rein him in.
563
00:26:27,120 --> 00:26:29,225
What's he doing chasing
murderers south of the border?
564
00:26:29,889 --> 00:26:31,563
Don't you give him
enough to do up here?
565
00:26:31,625 --> 00:26:32,660
(CLICKS TONGUE)
566
00:26:32,726 --> 00:26:34,137
What are you going to do?
567
00:26:34,194 --> 00:26:35,298
(SCOFFS)
568
00:26:35,362 --> 00:26:37,569
I can set free a mass murderer.
569
00:26:37,631 --> 00:26:40,077
I can set off
an international crisis.
570
00:26:41,802 --> 00:26:44,578
Adam, I have no illusions.
I am no John Sirica.
571
00:26:44,838 --> 00:26:47,079
I am not taking on
the President's men.
572
00:26:47,141 --> 00:26:50,282
Doesn't the Colonel have
a note from his doctors?
573
00:26:50,745 --> 00:26:52,247
Maybe get a second opinion.
574
00:26:52,347 --> 00:26:53,792
How does that get me
off the hook?
575
00:26:53,848 --> 00:26:57,318
If it's off the hook you want, you
should have stayed in municipal court.
576
00:26:58,653 --> 00:27:01,862
You told me once you want to do some good.
Here's your chance.
577
00:27:08,197 --> 00:27:11,076
MRS. WHITMAN: The first we heard
of it was on the evening news.
578
00:27:11,901 --> 00:27:14,643
They said there was fighting
down there in Chile,
579
00:27:14,737 --> 00:27:17,183
that the army had
killed the President.
580
00:27:17,506 --> 00:27:19,508
So, Sam, my husband,
581
00:27:19,975 --> 00:27:21,886
tried to call Jason.
582
00:27:21,944 --> 00:27:26,051
He got through to the hotel,
but Jason wasn't there.
583
00:27:26,716 --> 00:27:30,129
The hotel operator told him
that there were tanks
584
00:27:30,520 --> 00:27:32,295
and shooting in the streets.
585
00:27:32,356 --> 00:27:35,132
What did you and your husband do?
We waited.
586
00:27:35,792 --> 00:27:40,138
We were sure that Jason would
be okay like he'd always been,
587
00:27:40,630 --> 00:27:43,008
no matter what foolhardy
thing he did.
588
00:27:43,200 --> 00:27:45,511
Then we didn't hear
for three days.
589
00:27:45,870 --> 00:27:48,350
Sam called the American
embassy down there.
590
00:27:49,140 --> 00:27:51,017
We couldn't get
any information.
591
00:27:51,075 --> 00:27:53,521
Did you eventually find out
what happened to your son?
592
00:27:53,578 --> 00:27:54,579
Yes.
593
00:27:55,112 --> 00:27:59,993
We got an anonymous call from
someone in Chile. They said, um,
594
00:28:00,384 --> 00:28:04,891
they'd seen Jason alive
in this sports stadium
595
00:28:04,957 --> 00:28:07,870
where the army
put their prisoners.
596
00:28:08,227 --> 00:28:09,797
Sam took some money
from the bank.
597
00:28:09,862 --> 00:28:12,274
He was going to
bring Jason home.
598
00:28:14,533 --> 00:28:18,948
When he got to Chile, someone from the
embassy told him they'd found Jason,
599
00:28:19,004 --> 00:28:22,042
and they took Sam to
a police station and
600
00:28:23,810 --> 00:28:25,346
Jason was there,
601
00:28:27,580 --> 00:28:32,222
lying on a dirty floor with
other young people, dead.
602
00:28:33,386 --> 00:28:37,596
Sam could hardly recognize him.
He'd been beaten up,
603
00:28:37,657 --> 00:28:39,136
his whole face was...
604
00:28:40,159 --> 00:28:41,161
Um...
605
00:28:42,163 --> 00:28:44,165
They said that maybe
606
00:28:44,632 --> 00:28:48,444
the Communists had killed Jason
but Sam didn't believe them.
607
00:28:48,502 --> 00:28:50,038
What did your husband do?
608
00:28:50,404 --> 00:28:52,748
The embassy people told
him to go home, they said
609
00:28:53,841 --> 00:28:56,583
they would take care of
getting the body released.
610
00:28:58,846 --> 00:29:00,383
(STUTTERS)
611
00:29:00,448 --> 00:29:01,620
So,
612
00:29:03,885 --> 00:29:06,388
Sam came home by himself.
613
00:29:08,890 --> 00:29:11,268
Two months after that,
614
00:29:11,326 --> 00:29:14,705
they sent Jason home
in a wood box.
615
00:29:17,065 --> 00:29:18,670
His bones were broken.
616
00:29:19,836 --> 00:29:21,406
His private parts had
617
00:29:22,405 --> 00:29:24,783
burns from electric shocks.
618
00:29:24,840 --> 00:29:26,478
He had three
619
00:29:26,876 --> 00:29:28,981
bullet holes in
the back of his head.
620
00:29:33,416 --> 00:29:34,588
That man
621
00:29:37,087 --> 00:29:40,000
killed my little boy,
he killed my family.
622
00:29:45,295 --> 00:29:46,638
Thank you.
623
00:29:56,207 --> 00:29:58,414
I'm very sorry for your loss.
624
00:30:01,212 --> 00:30:05,490
While Jason was at NYU, he was arrested
a number of times, isn't that right?
625
00:30:06,417 --> 00:30:08,397
For demonstrating
against the Vietnam War.
626
00:30:08,453 --> 00:30:10,023
A lot of young people did that.
627
00:30:10,154 --> 00:30:12,191
I doubt many were
arrested six times,
628
00:30:12,290 --> 00:30:14,999
including once for throwing a
bottle at a police officer.
629
00:30:15,060 --> 00:30:17,597
My son collected food
for poor people.
630
00:30:17,930 --> 00:30:20,843
He helped underprivileged
children learn to read.
631
00:30:20,966 --> 00:30:24,277
And he participated in
violent demonstrations.
632
00:30:24,336 --> 00:30:25,747
Do you know what
he did in Chile?
633
00:30:26,038 --> 00:30:28,314
He had a summer job
at a radio station.
634
00:30:28,374 --> 00:30:29,944
Station FPG.
635
00:30:30,009 --> 00:30:33,219
In Spanish, those letters stand
for the Guevara Popular Front.
636
00:30:33,280 --> 00:30:35,590
You know who Che Guevara was?
637
00:30:35,682 --> 00:30:36,786
I'm not sure.
638
00:30:36,850 --> 00:30:39,023
He was a communist
revolutionary.
639
00:30:39,085 --> 00:30:40,826
He was a friend
of Fidel Castro.
640
00:30:40,887 --> 00:30:42,662
He went to Bolivia
to start a revolution.
641
00:30:42,722 --> 00:30:44,360
He killed innocent people.
642
00:30:44,424 --> 00:30:49,464
Jason wasn't like that.
He was just a big-hearted boy.
643
00:30:49,529 --> 00:30:54,309
A big-hearted boy with a taste for
violence and for communist rhetoric.
644
00:30:54,669 --> 00:30:57,741
A foolhardy boy who went to a foreign
country to preach revolution,
645
00:30:57,805 --> 00:30:59,546
just like his hero,
Che Guevara.
646
00:30:59,607 --> 00:31:00,642
Objection.
647
00:31:00,708 --> 00:31:03,587
Sustained. Dial it
down, Mr. Chiles.
648
00:31:05,980 --> 00:31:08,392
No further questions,
Your Honor.
649
00:31:11,853 --> 00:31:17,826
I was an accountant for the Agrarian
Reform Movement of President Allende.
650
00:31:18,193 --> 00:31:20,764
I was arrested four days
after the coup.
651
00:31:21,029 --> 00:31:24,340
I was taken to the National
Stadium in Santiago.
652
00:31:25,234 --> 00:31:27,111
What happened
once you got there?
653
00:31:27,169 --> 00:31:31,118
It was filled with thousands
of political prisoners.
654
00:31:31,174 --> 00:31:35,623
Many people I knew.
I met a young American,
655
00:31:35,979 --> 00:31:39,825
that boy, Jason Whitman.
656
00:31:40,950 --> 00:31:45,763
He had been interrogated by the
National Intelligence Directory.
657
00:31:46,155 --> 00:31:47,157
The DINA.
658
00:31:47,524 --> 00:31:49,765
A force commanded
by Colonel Pantoya.
659
00:31:49,827 --> 00:31:50,828
Yes.
660
00:31:52,096 --> 00:31:55,737
He had been beaten up
in the face and on his body.
661
00:31:56,700 --> 00:32:01,945
He tried to make jokes, but he was in
very much pain He was very frightened.
662
00:32:02,606 --> 00:32:05,348
There were many people
like him at the stadium.
663
00:32:05,409 --> 00:32:07,287
Many people who
had been tortured.
664
00:32:07,345 --> 00:32:09,018
What happened to him?
665
00:32:09,948 --> 00:32:13,760
Two days after I got there, the soldiers
came in the night and took him away.
666
00:32:13,885 --> 00:32:15,296
I never saw him again.
667
00:32:15,353 --> 00:32:18,391
McCOY: Were you also interrogated
by Colonel Pantoya's men?
668
00:32:19,124 --> 00:32:20,194
Yes.
669
00:32:20,291 --> 00:32:22,168
And what happened to you
in those interrogations?
670
00:32:22,227 --> 00:32:24,640
Objection. I don't see
the relevance in...
671
00:32:24,697 --> 00:32:26,768
I do. Overruled.
672
00:32:28,200 --> 00:32:29,770
Go ahead, Mr. Reyes.
673
00:32:31,804 --> 00:32:35,149
They hung me upside
down by my ankles
674
00:32:35,207 --> 00:32:37,209
and burned me with cigarettes.
675
00:32:38,744 --> 00:32:43,091
They put electrodes on my
tongue and my eyelids.
676
00:32:44,418 --> 00:32:46,022
They would not let me sleep.
677
00:32:47,821 --> 00:32:49,823
They tried to drown me.
678
00:32:49,890 --> 00:32:54,430
Three times they put a gun at my
head and pretended to shoot me.
679
00:32:55,929 --> 00:32:58,535
They did this to me
for two months.
680
00:32:58,598 --> 00:33:01,375
And you're positive that the
people who tortured you
681
00:33:01,436 --> 00:33:03,643
were under the command
of Colonel Pantoya?
682
00:33:04,238 --> 00:33:05,410
Yes.
683
00:33:06,207 --> 00:33:08,551
He visited the prison
many times.
684
00:33:09,677 --> 00:33:14,285
The man you laughed at, the man
hanging like a pig, it was me!
685
00:33:15,183 --> 00:33:18,528
Through my blood and my
tears, I saw you, Colonel.
686
00:33:23,525 --> 00:33:26,972
PANTOYA: There was war and
anarchy in my country.
687
00:33:27,029 --> 00:33:29,976
Allende and his
pack of communists
688
00:33:30,032 --> 00:33:33,036
were stealing private property,
689
00:33:33,101 --> 00:33:37,072
bankrupting the country with
their irresponsible ideas.
690
00:33:37,673 --> 00:33:40,678
Then we acted
to save the republic,
691
00:33:40,777 --> 00:33:44,884
and we acted with the support
of the American government.
692
00:33:45,615 --> 00:33:48,596
CHILES: Is it true that you imprisoned
the supporters of the Allende regime?
693
00:33:48,885 --> 00:33:51,331
Yes. To preserve
our democracy.
694
00:33:51,788 --> 00:33:54,166
Many of these prisoners
were tortured?
695
00:33:54,557 --> 00:33:56,594
Ah, well, they...
(EXCLAIMS)
696
00:33:56,659 --> 00:33:59,869
They were interrogated,
let's say, vigorously.
697
00:33:59,930 --> 00:34:02,240
I mean, these people were
very dangerous people.
698
00:34:02,299 --> 00:34:07,009
I mean, many of them belonged to
armed groups financed by Cuba
699
00:34:07,505 --> 00:34:08,711
and by the Soviet Union.
700
00:34:09,006 --> 00:34:10,849
Some of them were executed?
701
00:34:11,675 --> 00:34:17,456
Only the ones, uh, that were found guilty
of treason by a military tribunal.
702
00:34:20,185 --> 00:34:23,462
How do you explain
Jason Whitman's death?
703
00:34:24,789 --> 00:34:28,362
A mistake.
A regrettable mistake,
704
00:34:28,426 --> 00:34:30,906
during time of crisis.
705
00:34:31,263 --> 00:34:34,575
It was not sanctioned by me or
by anyone under my command.
706
00:34:35,868 --> 00:34:40,476
I am not stupid enough to pick
a fight with the United States
707
00:34:40,540 --> 00:34:42,520
by killing one of its citizens.
708
00:34:43,542 --> 00:34:45,283
Thank you, Colonel.
709
00:34:51,350 --> 00:34:53,888
Are you familiar with the
"Caravan of Death," Colonel?
710
00:34:54,121 --> 00:34:55,794
(SIGHS) I will not answer.
711
00:34:56,123 --> 00:34:58,763
It was a Chilean
military death squad
712
00:34:58,992 --> 00:35:02,769
that executed hundreds of political prisoners.
Isn't that right?
713
00:35:03,597 --> 00:35:05,804
I'm not responding to fables.
714
00:35:05,866 --> 00:35:07,539
Fables?
Yes.
715
00:35:07,601 --> 00:35:10,775
People's Fifty-eight.
716
00:35:11,038 --> 00:35:15,749
Colonel, according to these reports
from reputable human rights groups,
717
00:35:16,144 --> 00:35:19,216
over 4000 people disappeared
under your regime.
718
00:35:19,280 --> 00:35:22,921
Another 50,000 were
systematically tortured.
719
00:35:22,984 --> 00:35:26,727
Objection. Colonel Pantoya is not
on trial for these alleged crimes.
720
00:35:26,788 --> 00:35:30,999
Sustained. The jury will disregard.
Move it along, Mr. McCoy.
721
00:35:32,495 --> 00:35:35,032
We heard testimony
that Captain Albrecht
722
00:35:35,097 --> 00:35:37,577
telexed Jason Whitman's
whereabouts to you.
723
00:35:38,367 --> 00:35:39,675
What did you do
with that information?
724
00:35:39,735 --> 00:35:41,510
I will not answer.
725
00:35:42,671 --> 00:35:44,912
I have immunity
from my government.
726
00:35:44,974 --> 00:35:47,250
You had him executed,
didn't you?
727
00:35:47,309 --> 00:35:53,283
Who are you to judge what I
did in defense of my country?
728
00:35:53,416 --> 00:35:56,761
You had the planes, the tanks, the guns.
729
00:35:56,820 --> 00:35:58,128
What did Jason Whitman have?
730
00:35:58,555 --> 00:36:00,228
A tape recorder?
731
00:36:00,290 --> 00:36:02,031
If you go to a fox hunt,
732
00:36:03,326 --> 00:36:04,828
don't dress as fox.
733
00:36:07,565 --> 00:36:10,068
And Mrs. Whitman's
little boy
734
00:36:11,769 --> 00:36:13,214
went to Chile
735
00:36:14,071 --> 00:36:16,017
to help the communists
736
00:36:16,974 --> 00:36:18,920
destroy my country.
737
00:36:18,976 --> 00:36:20,887
JACK: So it's his
fault he's dead?
738
00:36:20,945 --> 00:36:22,049
PANTOYA:
I'm not answering.
739
00:36:22,446 --> 00:36:23,925
You broke his body,
740
00:36:24,949 --> 00:36:27,521
and then you put three bullets in his head.
Isn't that right?
741
00:36:28,554 --> 00:36:29,965
I have immunity.
742
00:36:30,022 --> 00:36:32,662
Not from these 12
people, Colonel.
743
00:36:32,991 --> 00:36:36,029
Your Honor, since the
witness refuses to testify.
744
00:36:36,094 --> 00:36:37,903
I move to strike
his entire testimony.
745
00:36:40,933 --> 00:36:42,344
Motion granted.
746
00:36:43,135 --> 00:36:46,174
The jury will disregard
Mr. Pantoya's testimony.
747
00:36:46,239 --> 00:36:48,116
JACK: Thank you,
Your Honor.
748
00:36:53,179 --> 00:36:55,785
Mr. Foreman, has the
jury reached a verdict?
749
00:36:56,382 --> 00:36:58,157
We have, Your Honor.
750
00:36:58,651 --> 00:37:00,961
BUSEY: Will the
defendant please rise.
751
00:37:01,654 --> 00:37:02,655
(WHISPERS)
752
00:37:04,358 --> 00:37:08,568
Your Honor, could my client be excused
from rising for reasons of health?
753
00:37:09,263 --> 00:37:11,641
No, no. I refuse.
754
00:37:12,533 --> 00:37:13,671
I can stand,
755
00:37:14,735 --> 00:37:15,805
but I refuse.
756
00:37:15,869 --> 00:37:18,008
Mr. Pantoya.
PANTOYA: I'm a Colonel
757
00:37:18,539 --> 00:37:20,314
and a Senator,
758
00:37:20,374 --> 00:37:23,822
and I do not recognize
your right to judge me.
759
00:37:24,879 --> 00:37:26,654
So I will not stand.
760
00:37:28,350 --> 00:37:30,091
Fine. Let him sit.
761
00:37:31,653 --> 00:37:32,996
Mr. Foreman,
762
00:37:33,188 --> 00:37:35,031
on the sole count
of the indictment,
763
00:37:35,090 --> 00:37:36,626
conspiracy in the first degree.
764
00:37:37,292 --> 00:37:38,566
How do you find?
765
00:37:38,627 --> 00:37:40,869
We the jury in the
above entitled action,
766
00:37:40,930 --> 00:37:45,401
find the defendant, Emilio
Sandoval Amando Pantoya
767
00:37:45,468 --> 00:37:46,811
guilty,
768
00:37:46,869 --> 00:37:48,280
(PEOPLE MURMURING)
769
00:37:54,577 --> 00:37:56,181
(SIGHS)
770
00:37:57,246 --> 00:38:00,820
ADAM: This is my favorite.
"Jury Fries The Colonel."
771
00:38:00,884 --> 00:38:01,919
(LAUGHS)
772
00:38:03,720 --> 00:38:05,859
If I didn't know better,
I'd offer you a drink.
773
00:38:05,956 --> 00:38:07,663
We'll see how it
does on appeal.
774
00:38:07,724 --> 00:38:10,364
Try to enjoy something
while it lasts.
775
00:38:10,527 --> 00:38:12,598
I'm happy about the verdict
but, by all rights,
776
00:38:12,663 --> 00:38:15,906
Pantoya should been tried
by a jury of his peers.
777
00:38:15,966 --> 00:38:18,607
By his fellow countrymen,
in a Chilean court.
778
00:38:19,237 --> 00:38:21,183
Murder is murder, wherever.
779
00:38:22,273 --> 00:38:24,947
(KNOCK ON DOOR) As long as
justice gets done. Yes?
780
00:38:25,143 --> 00:38:27,180
If you think you heard
a shoe drop, you did.
781
00:38:27,245 --> 00:38:28,349
(SIGHS)
782
00:38:28,412 --> 00:38:30,483
Thanks to our friends in the
Attorney General's Office,
783
00:38:30,548 --> 00:38:34,052
Pantoya's gotten himself an emergency
expedited hearing before the Supreme Court
784
00:38:34,118 --> 00:38:35,722
on a writ of habeas corpus.
785
00:38:35,787 --> 00:38:37,131
Of course.
786
00:38:38,157 --> 00:38:39,795
You don't really think
that the right wing
787
00:38:39,858 --> 00:38:42,031
of the Supreme Court is going
to let you get away with this?
788
00:38:42,094 --> 00:38:44,734
Not to mention Madam
Justice from Arizona.
789
00:38:44,930 --> 00:38:46,739
She isn't in anybody's pocket.
790
00:38:46,932 --> 00:38:50,675
Fine. One wild card. Not much
to hang your reputation on.
791
00:38:50,736 --> 00:38:52,875
You let us worry
about our reputation.
792
00:38:53,105 --> 00:38:56,280
Hmm. I'm thinking about
Adam Schiff's reputation.
793
00:38:56,843 --> 00:38:57,981
You in lose in D.C.,
794
00:38:58,044 --> 00:38:59,682
and how long do you think it'll
take the voters to realize
795
00:38:59,746 --> 00:39:03,023
what a massive waste of time
and resources this has been?
796
00:39:03,283 --> 00:39:06,992
What damage has been done to the credibility
of the District Attorney's Office?
797
00:39:07,053 --> 00:39:09,499
And they will take it
out on him, McCoy.
798
00:39:10,123 --> 00:39:13,571
You asked for this meeting You got
anything besides the guilt trip?
799
00:39:13,627 --> 00:39:17,074
Agree to probation. You make
your point, you save face,
800
00:39:17,131 --> 00:39:18,701
Colonel Pantoya goes home.
801
00:39:19,266 --> 00:39:21,712
I might as well spit
in the jury's eye.
802
00:39:22,603 --> 00:39:24,446
I'd rather have an acquittal
803
00:39:24,505 --> 00:39:26,143
than give your
client probation.
804
00:39:27,274 --> 00:39:28,753
Fine.
805
00:39:32,914 --> 00:39:33,915
(DOOR SHUTS)
806
00:39:33,982 --> 00:39:35,962
Probation would at least
preserve the verdict.
807
00:39:36,184 --> 00:39:37,390
You'd win on principle.
808
00:39:38,587 --> 00:39:40,931
I'll remember that the next time
you push for the death penalty.
809
00:39:41,857 --> 00:39:43,393
Well, then, maybe
I've misunderstood.
810
00:39:43,458 --> 00:39:45,028
I thought this case
was about principle
811
00:39:45,093 --> 00:39:47,300
because it certainly
not been about the law.
812
00:39:47,362 --> 00:39:49,273
You don't think I've followed
the letter of the law?
813
00:39:49,364 --> 00:39:51,868
I think you've skated on
the thin edge of the page.
814
00:39:51,934 --> 00:39:54,107
Maybe it's time to take your
winnings off the table.
815
00:39:54,170 --> 00:39:55,513
We haven't won anything yet.
816
00:39:56,939 --> 00:39:58,213
(SIGHS)
817
00:39:58,274 --> 00:40:00,311
Guess we go to Washington.
818
00:40:06,549 --> 00:40:08,654
Upholding the conviction
of Colonel Pantoya
819
00:40:08,718 --> 00:40:10,027
would fly in the face
of the immunity
820
00:40:10,087 --> 00:40:11,794
granted him by the very people
821
00:40:11,855 --> 00:40:14,392
he allegedly oppressed
and tortured.
822
00:40:14,591 --> 00:40:17,197
If a state such
as Iraq or Libya
823
00:40:17,261 --> 00:40:19,707
were to grant immunity
to a criminal,
824
00:40:19,763 --> 00:40:21,538
must we be bound by it?
825
00:40:21,598 --> 00:40:24,670
Madam Justice, Chile is not
a renegade terrorist state.
826
00:40:25,068 --> 00:40:26,945
Its present government
was democratically elected
827
00:40:27,004 --> 00:40:29,451
and it is an ally
to the United States.
828
00:40:29,574 --> 00:40:31,417
The prosecution of
former ministers
829
00:40:31,476 --> 00:40:33,979
of a sovereign state for
transgressions committed in Chile
830
00:40:34,045 --> 00:40:36,855
would violate treaties
between our countries.
831
00:40:36,915 --> 00:40:39,418
It trespasses on the
constitutional powers
832
00:40:39,517 --> 00:40:42,623
of our executive branch
to conduct foreign policy.
833
00:40:42,687 --> 00:40:46,659
But, Mr. Chiles, if a jurisdictional
nexus has been established,
834
00:40:47,126 --> 00:40:52,269
why should the prosecution of serious
crimes become hostage to foreign policy?
835
00:40:52,331 --> 00:40:56,871
If this conviction stands, it
will be end of foreign policy.
836
00:40:57,570 --> 00:41:00,449
Imagine our President, while on
a visit to a foreign country,
837
00:41:00,506 --> 00:41:02,850
being arrested on
warrant issued by China
838
00:41:02,908 --> 00:41:05,116
for the bombing of their
embassy in Serbia.
839
00:41:05,178 --> 00:41:06,885
Or a former Secretary of State
840
00:41:06,947 --> 00:41:10,759
being tried in Cambodia for the killing
of civilians during the Vietnam War.
841
00:41:10,884 --> 00:41:13,888
This conviction would
legitimize such prosecutions.
842
00:41:13,954 --> 00:41:18,096
How could any President conduct foreign
policy under these circumstances?
843
00:41:18,291 --> 00:41:22,034
Only the narrowest reading of
jurisdictional statutes must apply.
844
00:41:22,395 --> 00:41:24,933
The sovereignty of democratically
elected governments
845
00:41:24,999 --> 00:41:28,606
in judicial manners
must be respected.
846
00:41:29,036 --> 00:41:31,414
The alternative is anarchy,
847
00:41:31,472 --> 00:41:34,009
under the guise of
criminal prosecution.
848
00:41:34,408 --> 00:41:37,252
CHIEF JUSTICE: Thank you, Mr. Chiles.
Mr. McCoy.
849
00:41:41,082 --> 00:41:43,620
Thank you, Mr. Chief Justice.
May it please the Court.
850
00:41:45,654 --> 00:41:49,158
Man has only the
rights he can defend.
851
00:41:50,225 --> 00:41:52,535
Our most basic right is life.
852
00:41:53,829 --> 00:41:56,332
It's enshrined, not only
in our Constitution,
853
00:41:56,398 --> 00:41:58,708
but in the charter of
the United Nations.
854
00:41:58,767 --> 00:42:03,717
The prohibition against taking a life
is found in our most ancient texts
855
00:42:03,773 --> 00:42:06,310
and in the statutes
of every nation.
856
00:42:06,809 --> 00:42:08,152
Every murder,
857
00:42:08,211 --> 00:42:12,216
whether in Brooklyn,
Santiago, Rwanda or Kosovo
858
00:42:13,182 --> 00:42:16,652
demands punishment by whatever
legal means possible.
859
00:42:16,886 --> 00:42:21,097
Otherwise, the right to life
is just an empty promise.
860
00:42:21,158 --> 00:42:25,265
But, Mr. McCoy, doesn't using
a jurisdictional fig leaf
861
00:42:25,462 --> 00:42:29,376
to propel prosecution undermine
the statutes you refer to?
862
00:42:29,466 --> 00:42:31,173
On the contrary, Madam Justice.
863
00:42:31,235 --> 00:42:34,648
Timidity in the pursuit of
murderers is no virtue.
864
00:42:35,105 --> 00:42:39,919
The Founding Fathers affirmed
life as an absolute right.
865
00:42:40,378 --> 00:42:42,949
If the laws protecting that
right are to have any meaning,
866
00:42:43,014 --> 00:42:45,517
they must be given the
broadest interpretation.
867
00:42:45,717 --> 00:42:48,288
What about the
appellant's contention
868
00:42:48,353 --> 00:42:52,096
that upholding this conviction
would open a Pandora's box
869
00:42:52,424 --> 00:42:55,234
and hinder the conduct
of our foreign policy.
870
00:42:55,293 --> 00:42:57,365
The precedent has
already been set.
871
00:42:57,463 --> 00:42:59,966
Heads of state can be
tried for war crimes.
872
00:43:00,199 --> 00:43:02,702
An American President
sent the Marines to Panama
873
00:43:02,768 --> 00:43:05,715
to arrest President Noriega
for drug smuggling.
874
00:43:06,372 --> 00:43:09,114
And if this case gives
our own leaders pause
875
00:43:09,308 --> 00:43:11,618
before they drop
a load of napalm
876
00:43:11,677 --> 00:43:15,182
on a village full of children
in a neutral country,
877
00:43:15,248 --> 00:43:17,057
that can't be a bad thing.
878
00:43:18,385 --> 00:43:22,265
The law against murder
applies to all.
879
00:43:22,322 --> 00:43:23,926
No matter the perpetrator,
880
00:43:24,191 --> 00:43:27,138
the victim or the country where
the murder is committed.
881
00:43:27,828 --> 00:43:30,001
It's the one moral law
that recognizes
882
00:43:30,063 --> 00:43:33,978
no national, racial
or religious boundaries.
883
00:43:34,335 --> 00:43:38,408
It can tolerate no exceptions.
There is one law.
884
00:43:38,973 --> 00:43:41,044
One law.
885
00:43:41,709 --> 00:43:43,416
And when that law is broken
886
00:43:43,478 --> 00:43:46,084
it's the duty of every
officer of any court
887
00:43:46,147 --> 00:43:48,058
to rise up in
defense of that law
888
00:43:48,449 --> 00:43:52,796
and bring their full power and diligence
to bear against the lawbreaker.
889
00:43:53,555 --> 00:43:58,504
Because man has only those
rights he can defend.
890
00:44:00,329 --> 00:44:02,002
Only those rights.
891
00:44:05,267 --> 00:44:06,610
Thank you.
892
00:44:16,012 --> 00:44:20,324
Well, we wait here another five
hours or go back to the hotel?
893
00:44:20,383 --> 00:44:22,693
The clerk said it might
not be too much longer.
894
00:44:22,752 --> 00:44:24,993
Quick turnaround
for this court.
895
00:44:25,054 --> 00:44:27,432
Doesn't sound promising.
896
00:44:27,490 --> 00:44:29,367
Win, lose. You fought
the good fight.
897
00:44:30,828 --> 00:44:32,136
Amen to that.
898
00:44:32,196 --> 00:44:34,733
Well, if that
isn't reason for hope.
899
00:44:37,201 --> 00:44:38,475
Here comes the clerk.
900
00:44:39,370 --> 00:44:41,077
Looks like she's
holding the decision.
71095
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