Original subtitles

In the criminal justice system

the people are represented by two separate

yet equally important groups:

the police, who investigate crime

and the district attorneys, who prosecute the offenders.

These are their stories.

This isn't a criticism, Mike.

Oh? I guess I'm hypersensitive.

It probably won't hurt us.

My point its, Ben was trying

to get a straight laundry list.

That's what I gave.

I pinch-hit for Max in a grand jury

I present the case the way we reviewed it.

Now you're...

Come on, man. Chill.

Tomorrow, when we ask you to name names

don't go on about kickbacks

and stolen copper pipes and mangos.

Mungo, not mangos. Mungo.

I think everybody knows

that's extra building material that just disappears.

And it ends up

in somebody else's building.

We didn't pick the grand jurors.

Your crash course in corruption went over their heads.

Well, so what?

So, they get too confused, they may throw up their hands.

Relax.

You're going to get your indictments.

Max is back tomorrow.

He's gonna give you what you want:

Howard Neffer, Jimmy "The Mope" Donofrio

Morgan Stern.

I'll call him later.

We'll go over the case notes

and then....

I'm going out frooging with Patsy Kelley.

He's still rummaging around in the trunk.

You know Max-- always losing his paperwork.

Can you tell him to light a fire under it?

Dinner getting cold?

No, my date's getting cold.

I'm still at the office.

It's like being married to a ghost.

Now he's out there gabbing with somebody.

Who's he gabbing to?

I don't know.

It's dark.

Matthew, go tell your father to hurry up.

Okay, mom.

What is this?

Marie?

Mary, mother of God!

( gunshots )

Marie? Marie?!

Marie!

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( playing "Going Home" )

MAN: One!

And left.

Right.

Left.

Right.

Left.

Right.

Halt.

In.

Left and right face.

One step to the rear.

Present arms.

MAN: Two!

I'll testify as soon as you need me.

I can take over Max's testimony as well.

The grand jury will be suspended.

You'll include Max's murder as part of the offering, right?

If we find anything substantive

but so far nothing.

LOGAN: The night before his grand jury testimony?

Somebody didn't like the sound of it.

I'd like the list

of pending indictments.

STONE: We should find out

who knew of those indictments in our office.

What about a grand juror leak?

Let's check their ties to the construction industry.

If word on the grand jury

or a list of indictments got out

why hit Max-- the lead on the task force?

They already hit the leading investigator

from the building department.

That was an open investigation, right?

What were they going to accomplish by that?

These people are not long-term planners.

Two in the back, one in the face.

That's not a pro...

not a thinker.

The purpose of this little get-together

is not to bust your chops, as you put it.

It's to help you accept your partner's...

I accept it.

Boom-- he's dead.

That's the end of story.

Also, to help the officer in trouble

reach a sense of closure.

First, I'm not in trouble.

Okay?

Matter of fact, I'm alive and on the case.

Secondly, I'm Irish-Catholic.

I got a sense of closure at Max's wake.

Well then, there's no problem.

That's right.

Can I go now?

Listen, thanks a lot

but, really, I'm fine.

Hey, Detective...

ever hear of the seven stages of grief?

No.

The first one's denial.

I'm fine.

Mike?

You know Phil Cerreta from the three-nine?

I know him by name.

He's handling Max's case.

I saw him at the crime scene.

He's thinking about coming over.

Maybe as second whip.

So?

So he asked about you.

How would you feel?

Fine.

I mean, whatever.

I don't care.

Same rank as Max.

Pick of cases and...

That means he's bringing Max's shooting with him?

I would assume so.

Then I'm on this case.

Mike...

I got to be concerned about your objectivity.

Then put Cerreta on point.

Mike...

Who else is going to interview these people?

It doesn't matter.

You're still due time on a desk.

( sighs )

So...

What?

How you doing with this?

I'm fine.

ROBINETTE: that makes sense.name

Magadan, Dan Sr.-- retired construction?

It's a good possibility.

It gets better.

Check his pension ties.

Pull everything you can on him.

Your pension fund is vested with Local 139.

It's hard to believe you didn't know any of the names

offered for indictment in that room.

I had heard of a few, maybe

but they were just names.

I don't know them.

You know any people who do?

Not that I know of.

Two of them are on the governing board

of that local.

I haven't been active for years.

My pension's there. That's all.

Still, if you had mentioned anything

even out of a sense of loyalty...

I didn't say anything.

Mr. Magadan

we're not talking about loyalties

and pension funds.

We're talking about

the killing of a man

who had 23 years on the job

and we're talking about his wife and his children

who will spend months, maybe years

trying to come to terms with the fact

that he is gone.

Look, we're not assessing blame.

We just need some help.

We've got to know whether you said anything.

I didn't. I swear.

Nothing was said.

Captain tells me we're partnering.

Yeah.

I'm sorry about Max.

Yeah.

Listen, uh...

Phil.

I know you're the new whip and everything...

Look, Mike, you know all the players

in this copper business.

I need you on point.

Okay.

Okay. Okay.

You, Stern, Neffer, you were all indicted,

and you don't know anything about the special investigator

that got tossed down on 48th street?

Yeah, well, sure.

Everybody's heard about it, but I don't know nothing.

I want you to think about it, because I got a hundred bucks

that says the guys that threw him off the roof

are the same ones that killed my partner.

I swear, Detective, I'm just a salesman.

Well, he seems okay to me.

Yeah.

Maybe a few degrees too cool.

Another hothead.

Another mick-- your lot in life.

Yeah, well

Max was not exactly Mr. Mellow.

I can imagine these two guys together.

They did fine.

You and Mike get a list of the indictees?

Yeah. Tomorrow.

Mike and I are going out tomorrow on a couple.

I restore old buildings.

I consider myself a conservator

of the city's architectural heritage.

( bangs pipe )

Is this part of your conservatorship?

It's pipe. What do you want?

All kosher, Howie?

We hear it's stolen.

Show me a search warrant.

You think we're loading damn pipe in our trunk?

We don't need a search warrant.

We'll get you an arrest warrant.

Tell me what you want.

the secret grand jury Somebody on

his mouth shut. couldn't keep

We believe that information

led to the murder of Detective Logan's partner.

Why me? I don't know anything about that.

You supplied a lot of pipe to the 48th Street project--

the one they tossed Inspector Janklow off.

I had nothing to do with that, man.

Who did?

Ask Morgan Stern.

He told me to...

He told you what?

To keep my mouth shut about the leak.

STERN: Look, I want immunity on anything

that may come of this.

And I want to know

where you got the grand jury information.

You stated to Detectives Cerreta and Logan

that you warned Howard Neffer

to keep his mouth shut about the leak.

I want to know who that leak is.

All right.

How about immunity on the copper theft?

Five more seconds of this, and you'll need immunity

on more than that.

My project manager.

His name!

Magadan.

ROBINETTE: Magadan?

The old man?

No. His son.

Daniel Magadan, Jr.

The grand jury foreman told his son.

I'll be a son of a bitch.

We're not interested in why you lied.

We need to know why you told your son

about the grand jury.

He said he had a friend who wanted to know

what the grand jury was getting.

I said if his friend was mixed up

in something like that

it was none of his business.

That's all?

I told him this Detective Greevey

was going to name names

and I hoped to God "Magadan" wasn't one of them.

Where is your son now, Mr. Magadan?

I don't know.

That I swear. I don't.

Look, I ain't got...

Just... two minutes.

These Danny's friends?

The ones he's covering for?

If he's protecting someone, it's wrong.

You know it's wrong.

My partner died because you opened your mouth

on the grand jury.

I'm not going away.

Somebody's got to do something right.

Danny came to me about the grand jury.

Pumped me for info.

He said it was for a friend, but...

maybe there was no friend.

What do you mean?

I don't know.

I...

If you're saying your son killed my partner

every cop in this city will be gunning for him.

His best bet is with me.

Any other cop, the odds go down to 50/50.

Your word you won't hurt him?

I promise.

Hey, Danny.

Freeze!

On your head.

On your head!

The name Max Greevey ring a bell?

I don't know what you're talking about.

Did you kill my partner to shut him up?

No.

No?

No.

Get on your knees.

What?

I said get on your knees.

This is how you did my partner, isn't it?

I swear, I didn't kill nobody.

I don't believe you.

I'm just going to ask you one more time, Danny boy.

Oh, God...

( crying )

Please, pl...

I did it, okay?

I did it.

You do understand

you have the right to an attorney?

You maintain you've passed on that right.

Yeah, I understand.

I've been through all this already with that psychotic.

We'll just go over it again for the record.

You don't mind, do you, Mr. Magadan?

No.

Will you tell me something?

How did you find out

where Sergeant Greevey lived?

Some chick my cousin knows who works at the D.M.V.

It's not that tough.

So I went out there, and I parked across the street.

Then you got out of your car...

and you shot him.

Isn't that correct?

Mmm... not quite like that.

I mean, I had to wait a few hours

and when he came out, I pulled into his driveway.

Intending to shoot him?

Not necessarily.

I thought maybe I could scare him off or something

you know?

Threaten his old lady if I could get her alone.

What happened to make you change your mind?

I don't know.

When he came out, he was just... there.

I kind of lost it.

You said the gun was not yours.

No. It belongs to the construction company.

I've got an extra key to the trailer.

That's where the gun is now?

Yeah.

Bull's-eye.

Where exactly is it kept?

You want me to hand it over on a silver platter?

Good job.

Make sure I get a copy of that confession, Mikey.

We need to be specific when we're in front of the judge.

You know the drill, Danny.

It's in the toolbox, right there with the tools

and the rest of the stuff.

Mike, looks like you got this guy dead to rights.

I guess so.

You want to check it before I hand it in?

Just make sure all the T's are crossed

and the I's are dotted.

I'm sure it's fine.

It's all kosher?

You want me to freaking proofread it or what, Phil?

It's just that in case you had to drag it out of him

we ought to know that before his lawyer comes on board.

He's saying I dragged it out of him?

He said something like that.

You see any marks on the guy?

It isn't that.

It's that he said you threatened to kill him.

He said that, huh?

A cop killer.

You think I would have killed him, Phil?

I don't know, Mike.

I don't know what's in your mind.

I don't know you well enough.

That's right.

You don't.

"...maybe threaten his old lady."

Too bad he didn't take that route.

Marie would have kicked his ass.

That's for sure.

Everything all right with you two?

Oh, yeah, he's a good kid.

The collar is top of the line.

Whoa, whoa, Phil.

Let's stop with the cliches already.

What's going on?

Suppose Logan went a little over the line on this one.

How far over?

Not much-- maybe five yards.

I wasn't even going to mention this

but apparently, or maybe

he was going to blow this guy's brains out.

What the hell does that mean?

Magadan says that Logan was waving his gun at him.

Mike's got to be thinking this guy is armed.

This is the guy who killed his partner.

Yeah, and he would have his gun out.

It was dark...

And you got to be careful.

I mean, what are you going to do?

Mike?

Anything you want to tell me?

Yeah.

I got us Max's killer.

Okay, let's get a warrant.

Get that freaking gun in here before something happens to it.

CERRETA: to search these premises.ant

All right.

The officer's use of his gun to get a confession...

These allegations of threats are not relevant to bail.

Hold it-- if you believe your client's statement

was coerced, make a motion to suppress it.

People's case appears to be tight.

Confession was made

inside the precinct.

The weapon was recovered.

Corroborative evidence.

Bail's out of the question.

Legal aid only represents Mr. Magadan

for this arraignment.

I'm sure his regular attorney will challenge a confession

obtained at the point of a gun.

To which the people will respond.

Pursuant to criminal procedure law section 510.40

the defendant is remanded to the custody of the state.

Paul...

If this is the rubber hose routine...

Yeah, well, this was no rubber hose.

This was a .38 police special.

And you're buying?

Hey, I got nothing invested here.

Once his high-priced mouthpiece rolls in

my office is gone.

I'm telling you, it feels on the level

and if it is

it's a big pile you've stepped in.

From out of nowhere, this detective rousts me.

I'm trying to be cool

but I figure the guy's on speed or something.

Why do you think that?

Because before I'm halfway into my act

he puts his piece here.

He asked me, did I kill the fat cop.

I don't say anything.

I hear the hammer go back.

Click... click.

No bruises or cuts.

No way to verify it.

You just spilled your guts.

You know how to read a rap sheet, don't you?

Five arrests, three convictions.

So you're a loser. So?

So, no guilty pleas.

Two years ago

I got popped in Jersey.

A missing semi-trailer full of microwaves.

A sergeant questions me with a cigar.

I didn't talk then either.

But this, uh...

and that sound...

click.

The guy was brought in.

Sergeant Cerreta mirandized him.

He duly confessed.

That doesn't undo the damage.

What damage?

You were there.

You see anything screwy?

Not in the interrogation room.

We're talking about the alley, right?

What's the difference?

I get the feeling

we're not getting

the whole truth.

Well, Mike?

Well, what?

I asked the guy about Max.

He blurted it out.

And did you help him?

Did you?

What I am asking, detective

is did you threaten Mr. Magadan

in order to obtain information?

I pressured him, okay?

Mike...

I should sit on my ass

while my partner's killer

walks around free?

That is exactly what will happen

because if the first confession is coerced

then so is the second and the third

no matter how many times you mirandize.

Coercion is a judgment call.

My guy never laid a glove on the son of a bitch.

That doesn't matter.

If he coerced the first confession

it is still fruit of the poisonous tree.

What's this-- some stupid technicality?

Explain the concept to your man

so they don't let another cop killer walk.

I doubt if Max Greevey

would have considered it a technicality.

So Stone's holding you responsible

for Magadan possibly getting off.

Do you think that's fair?

No, I don't

but I don't give a damn what he thinks.

That's not what I asked you.

It's not?

What I'm asking is

do you feel it's a fair assessment?

Do I feel responsible for Max getting blown away?

Maybe if I'd gone home with him, you know...

maybe he wouldn't have gotten zipped.

Maybe I just should have

stepped in front of that bullet myself, right?

No, I don't feel responsible.

I feel incredibly...

angry.

That one of your seven stages?

Great.

This is a statement which Detective Logan

gave voluntarily to the investigators

of the internal affairs division.

Please read it over and advise your client.

Where are we going to assign him

till this is resolved?

Temp desk.

Plus, he's got vacation time coming.

You don't expect the lad to sign this now?

He and I have some conferring to do.

Am I the stiff at my own funeral?

"He looks so lifelike..."

Come on, cool it, Mike.

Everybody's acting like I'm the one that's dead.

"Menacing."

You're charging me with a class "B" misdemeanor.

We are not charging you with anything yet

but I suggest you talk to your captain

about the odds of losing your pension and your badge

and the possibility of a lawsuit against you

for violating Mr. Magadan's civil rights.

His civil rights?

What about Max's civil rights?

This is not a case

of ends justifying the means.

Of course it is, and you know it.

You do the exact same thing every day.

You threaten to send them away

or whisper their dirty little secrets.

You threaten to screw up their lives

just to get a little information from them.

I didn't do it at gunpoint, Detective.

There's a big difference.

Mike, as your P.B.A. attorney, I must advise you

not to sign anything...

Why not?

It's the truth.

Just lucky that this isn't L.A.

Everybody walks around with a video camera.

What's the point?

He never physically injured the guy.

The best we can do is menacing.

For blowing our case!

I'd bust him for reckless endangerment

if I could.

His partner was killed, Adam.

No jury would convict.

Any chance of arguing

the confession wasn't coerced?

With a gun to his head?

The man is a suspect in a cop killing.

If Logan saw a gun, then...

There was no gun.

Every piece of evidence, every statement

is tainted by Logan's reckless action.

It's all useless.

A guy kills a cop.

We catch him, and we can't close.

Hell of a system.

Talk to Logan.

Maybe magadan said something

before he pulled his little stunt with the .38.

I took him by surprise.

It hasn't changed since yesterday.

Hey, we're on the same side.

What about the initial investigation?

Can we get him on anything else?

Magadan's name never came up.

Look, we got the owner of the company on the ropes.

Anything we can use there?

Morgan Stern was a heavy in the copper scam

but we weren't able to get to him.

We were waiting for Judge Merlis to sign search warrant apps

for half a dozen construction sites.

Are they still unsigned?

Due out the day after Max went down.

You may be a hero after all.

Yeah.

Right.

No, we're arguing inevitability.

The unsigned search warrants are very apropos

to the grand jury investigation.

And had they been signed

Cerreta and Logan

could have used the task force warrants

to confiscate the gun?

Making search warrants

from the coerced confession unnecessary.

We would have found the gun.

Oh, that's going to take a lot of fast talking.

We get the calendar against us

we draw the wrong judge

we're in too deep to tread water.

Then it's sink or swim.

We got a choice?

No.

The gun is the fruit of the coerced confession.

It must be excluded.

Tainted evidence is admissable

if it would inevitably have been found

by other police techniques.

The fourth amendment is obsolete?

It is the exception to the exclusionary rule.

The task force applied for a search warrant

during the grand jury investigation

and before Detective Greevey was murdered.

It was never signed.

It would have been.

It's very specific.

It covers cash, documents and weapons.

We would have found that gun.

Your Honor, he's bootstrapping.

His evidence was poisoned by the coerced confession.

He's begging for another way.

Supreme court stance on the scope of warrants

is much looser than it's ever been

given the recent Fulminante decision.

I'm going to have to allow the gun into evidence.

Your Honor..!

But...

any reference, whatsoever, to Mr. Magadan's confession

and I declare a mistrial

before Mr. Lambrusco here even thinks about objecting.

Understood?

We found out the gun was in a trailer

at a construction site on West 51st Street.

Did you obtain a warrant for the site?

Yes, we did.

When we arrived

we discovered the gun at the specified trailer.

STONE: To whom was the gun registered?

Morgan Stern, the defendant's employer.

The permit limits use of the gun to the construction site only.

For purposes of security, I presume?

I would guess.

Thank you. No more questions.

Let's stay with this famous gun, detective.

Now you testified

that you didn't find it on Mr. Magadan

when you arrested him.

That's correct.

Did you recover any weapons

from Mr. Magadan's person?

No. He was unarmed.

When you first confronted Mr. Magadan in that alley

did you consider him to be a witness or a suspect?

He wasn't immediately arrested.

And yet you placed him under arrest

just a few moments later, did you not?

Yes, I did.

( sighs )

I was at the site checking some invoices.

Danny showed up.

He was surprised to see me.

Did he have the gun when he arrived?

It was dark.

He seemed to be hiding something.

Could you describe what that was?

It was pretty obvious it was a gun.

Did Mr. Magadan say anything?

He was all sweaty, kind of whacked out.

I asked what was up.

He was terrified that the grand jury

would look into Inspector Janklow's death.

Objection! Hearsay.

Statement against penal interest, Your Honor.

Overruled.

What else did he say?

He took care of our problem with the grand jury.

Objection.

Your Honor, hearsay.

Overruled-- same reason as before.

Your witness.

You never saw Mr. Magadan with a weapon that evening.

No. I said I thought it was obvious.

Isn't it true that you were among the targets

of that secret grand jury?

I have no idea.

Didn't you make a deal

for immunity against those indictments

if you testified against Mr. Magadan?

Yeah. Yes.

So before this arrangement with the district attorney

you had just as much motive as Mr. Magadan

to keep Detective Greevey from testifying.

I'm not crazy enough to kill a cop.

It was your gun.

You had access.

You certainly had opportunity.

By your own testimony

Mr. Magadan said that he had taken care

of your problem with the grand jury, correct?

I didn't kill that guy.

Everybody knows that Danny copped to it

when the cop's partner

put a gun in his ear.

I move for an immediate mistrial.

Your Honor, may we recess?

Court is in recess.

What's going on here?

His question elicited the confession reference.

And your damn witness.

Are you suggesting he was coached to let it slip?

What's the difference?

Drop the histrionics.

Just give me the law

and make it brief, gentlemen.

( sighs )

What the Supreme Court said recently

in theFulminantecase is to the point.

Yes, the confession is coerced.

Yes, the jury heard about it.

No, we needn't throw the case out.

We fall back to the dark ages

because of theFulminantedecision?

You suggest we find some guy

with body parts in his freezer

and let him walk because some cop

got too rough with him?

That is hardly pertinent, Ben.

The Supreme Court's decision is based on the belief

that the jury can be instructed to disregard certain remarks.

You warned him, judge.

"One mention of the confession, and I'll throw the case out."

That was to both of us.

I know what I said, gentlemen

and I'm familiar with the law.

That's enough for today.

I'll have a decision tomorrow morning.

JUDGE: counselor.my ruling,

You're guaranteeing a conviction.

Why bother..?

Why bother

following the guidelines

of the supreme court of the United States?

Those guidelines violate

my client's right against self-incrimination.

Last year's automatic mistrial

is this year's harmless error.

The Supreme Court has spoken, Mr. Lambrusco.

Now it's the law of the land.

Bottom line, counselor.

In addition to whatever else the prosecution can prove

your client is guilty of bad timing.

Defense motion for a mistrial is denied.

Thank you, Your Honor.

Give me ten minutes, please, then bring in the jury.

STONE: The world in which Daniel Magadan, Jr. lives

has a very simple set of rules.

You buy three truckloads of cement, you pay for two.

An honest building inspector

discovers your pattern of extortion and illegal payoffs

you toss him 60 stories onto 48th Street.

A police officer testifies against you

you put three bullets in him.

The law has a set of rules too.

Not simple, but ultimately unequivocal.

You kill a cop, you go to jail.

You don't get out.

BAILIFF: All rise.

Court of judge manuel leon is now in session.

Be seated.

Technically, Mr. Magadan

you've been found guilty of murder in the first degree

which is reserved

for the killing of a police officer

in the line of duty.

The death penalty having been held unconstitutional

by our court of appeals in Albany

renders me powerless to sentence you

to the punishment you so richly deserve.

The court, therefore, sentences you

to a term of 25 years to life imprisonment.

The people have recommended the severest limitation

for any possibility of parole

and I see no reason to disagree.

Maybe life wasn't enough of a sentence.

That's what the law allows.

I can live with it.

I know I went over the line.

I was down on myself for a while.

Even though I, you know, try to rationalize it.

I have to find a way to forgive myself.

Acceptance, Logan.

That's the...

Yeah.

That's the last stage, right?

Max's death...

I accept it

but I'll never accept it.

You know?

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