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Every trial results in a verdict,
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00:00:03,512 --> 00:00:06,148
but not every verdict
results in the truth...
3
00:00:15,724 --> 00:00:18,500
- Frank, you took that money?
- I didn't. I didn't!
4
00:00:18,558 --> 00:00:19,662
Money doesn't just disappear.
5
00:00:19,728 --> 00:00:22,105
But I didn't take it!
I mean, I didn't even--
6
00:00:22,170 --> 00:00:24,816
What if I found it?
What if I found the money?
7
00:00:24,876 --> 00:00:27,519
If you found the money?
That means you took it!
8
00:00:27,611 --> 00:00:28,846
I'm sorry.
9
00:00:29,229 --> 00:00:31,808
But I have nowhere to go, father!
This is my home!
10
00:00:31,856 --> 00:00:32,780
No, it's not.
11
00:00:35,494 --> 00:00:39,838
I'm sorry, father.
I didn't mean to, father.
12
00:01:13,189 --> 00:01:14,208
Help me!
13
00:01:16,700 --> 00:01:17,743
Stop, Frank! Stop!
14
00:01:18,079 --> 00:01:20,501
Stop moving!
Stop moving! Frank!
15
00:01:20,757 --> 00:01:23,721
Frank, stop moving!
Frank, stop.
16
00:01:23,785 --> 00:01:25,540
I'm sorry. I didn't mean to.
17
00:01:25,738 --> 00:01:30,572
Listen, please, help me!
I'm sorry!
18
00:01:37,876 --> 00:01:38,820
The Frank Benner case.
19
00:01:38,907 --> 00:01:40,461
He's sentenced
to die on wednesday.
20
00:01:40,546 --> 00:01:43,101
The jury decided the victim could
have survived the blow to the face,
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00:01:43,168 --> 00:01:44,590
but not the smoke and fire.
22
00:01:44,675 --> 00:01:47,701
So they found Frank Benner
acted with "callous disregard"--
23
00:01:47,785 --> 00:01:50,482
special circumstances,
sentenced to death.
24
00:01:50,566 --> 00:01:51,790
The priest killer, right?
25
00:01:51,865 --> 00:01:53,201
I don't know
what this has got to do with-
26
00:01:53,277 --> 00:01:55,912
Okay, we're officially
on vacation.
27
00:01:55,998 --> 00:01:58,553
That was the prosecutor
in the Lassiter appeal.
28
00:01:58,588 --> 00:01:59,991
He's requesting a continuance.
29
00:02:00,088 --> 00:02:02,252
Great, so we're in
waiting mode on... three appeals?
30
00:02:02,346 --> 00:02:04,631
Think of it as a good thing, Charlie.
31
00:02:04,736 --> 00:02:07,002
A much needed rest.
You should have some fun.
32
00:02:07,075 --> 00:02:09,470
Fire a few interns.
You should work on your tan.
33
00:02:09,556 --> 00:02:11,303
Yeah, David. I'll get on that right away.
34
00:02:11,376 --> 00:02:12,970
You're turning into
a workaholic on me.
35
00:02:13,075 --> 00:02:16,203
By the way, I'll be in Princeville
until the 15th, all right?
36
00:02:16,777 --> 00:02:17,921
How's this?
37
00:02:19,035 --> 00:02:20,413
Better.
38
00:02:20,517 --> 00:02:22,360
- Sounds like you're busy.
- Oh, yeah.
39
00:02:22,448 --> 00:02:23,732
See ya in a couple weeks.
40
00:02:26,595 --> 00:02:29,741
So the defense lawyers didn't so much
as argue the merits of the case
41
00:02:29,827 --> 00:02:32,092
as push the issue
of mental disability.
42
00:02:32,218 --> 00:02:34,093
But the judge
said he holds down a job,
43
00:02:34,178 --> 00:02:35,442
he understands right from wrong--
44
00:02:35,526 --> 00:02:38,372
Brianna, this isn't our case, right?
- Right.
45
00:02:38,448 --> 00:02:40,383
And yet you're briefing me
on it because...
46
00:02:40,478 --> 00:02:43,621
- Sister Quinn.
- She's here?
47
00:02:44,017 --> 00:02:46,300
I didn't know
you knew the death row nun.
48
00:02:46,956 --> 00:02:50,672
"Sister Quinn and Charles Conti."
49
00:02:51,555 --> 00:02:52,431
Right there.
50
00:02:53,236 --> 00:02:56,982
1999, Sister Quinn organizes
a protest of celebrities
51
00:02:57,055 --> 00:02:59,801
to help get minivan killers
off death row.
52
00:02:59,956 --> 00:03:01,411
And what does
that have to do with Charlie?
53
00:03:01,528 --> 00:03:02,473
"Charlie"?
54
00:03:02,728 --> 00:03:03,910
Yeah, Conti.
55
00:03:03,968 --> 00:03:05,472
When did you start
calling him "Charlie"?
56
00:03:05,536 --> 00:03:07,581
Okay,
could you guys concentrate?
57
00:03:08,028 --> 00:03:12,941
"The arresting officer argued
against the call for clemency."
58
00:03:13,126 --> 00:03:14,850
Charles Conti.
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00:03:14,958 --> 00:03:16,713
You just missed Swain.
He's on vacation.
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00:03:16,798 --> 00:03:19,432
I'm not here for David.
I'm here for you.
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00:03:19,537 --> 00:03:21,491
I have enough lawyers.
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00:03:23,085 --> 00:03:25,300
Frank Benner was an orphan at 8.
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00:03:25,457 --> 00:03:28,443
The only family
he ever knew was father Ortiz.
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00:03:28,526 --> 00:03:32,372
He would never kill him.
He's innocent.
65
00:03:32,448 --> 00:03:34,581
Isn't that what you said
about the minivan killer, sister?
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00:03:34,677 --> 00:03:37,280
I said he asked
for the lord's forgiveness.
67
00:03:37,356 --> 00:03:39,091
I never said
he was innocent.
68
00:03:39,185 --> 00:03:42,453
Look, sister,
I know your agenda, okay?
69
00:03:42,528 --> 00:03:44,752
You'll do whatever it takes
to defeat the death penalty.
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00:03:44,835 --> 00:03:47,340
I think the death penalty
is indefensible,
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00:03:47,427 --> 00:03:50,713
both as law and morality,
but I wouldn't do anything--
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00:03:50,776 --> 00:03:53,801
So you wouldn't lie, even if it meant
stopping his execution?
73
00:03:54,665 --> 00:03:57,131
That's not a fair question.
74
00:03:57,458 --> 00:04:00,462
Well, that's the difference
between you and me.
75
00:04:00,538 --> 00:04:01,632
Someone kills a priest,
76
00:04:01,748 --> 00:04:04,353
someone shoots
a family of four in the back,
77
00:04:04,477 --> 00:04:07,070
I have no sympathy.
- And yet you're working here.
78
00:04:07,185 --> 00:04:09,200
Not because of sympathy.
79
00:04:09,326 --> 00:04:10,590
That's certainty.
80
00:04:10,666 --> 00:04:13,042
We find our client is guilty,
we drop him.
81
00:04:13,137 --> 00:04:14,841
We find out someone else
is innocent--
82
00:04:14,896 --> 00:04:17,852
Then find out
if Frank Benner is innocent.
83
00:04:18,005 --> 00:04:21,370
His lawyers are concentrating
purely on procedural appeals.
84
00:04:21,457 --> 00:04:24,892
They spent seven years
on appeals. Nothing.
85
00:04:24,967 --> 00:04:26,411
Frank needs you.
86
00:04:26,525 --> 00:04:30,133
Look, if I'm wrong,
the only thing you're risking
87
00:04:30,185 --> 00:04:32,701
is a half-hour drive
to San Quentin.
88
00:04:32,776 --> 00:04:35,372
In one week,
Frank Benner will be dead.
89
00:04:35,586 --> 00:04:37,830
Doesn't he deserve
a half-hour of your time?
90
00:05:11,137 --> 00:05:12,701
They took my tooth brush.
91
00:05:12,838 --> 00:05:15,322
Yes, Frank. Just for the day.
92
00:05:15,436 --> 00:05:17,022
They'll give it back after dinner.
93
00:05:17,118 --> 00:05:19,053
They took my shoes, too.
94
00:05:20,128 --> 00:05:21,392
They gave you new ones.
95
00:05:21,848 --> 00:05:23,510
I don't like these.
96
00:05:24,918 --> 00:05:27,213
This is Charlie Conti, Frank.
97
00:05:27,318 --> 00:05:30,530
And another investigator,
Sonya Quintano.
98
00:05:30,647 --> 00:05:33,001
Remember? I talked about them.
99
00:05:33,107 --> 00:05:34,891
There's been a lot of people.
100
00:05:35,758 --> 00:05:38,671
They'd like to talk to you,
Frank, for a second.
101
00:05:38,766 --> 00:05:40,300
About father Ortiz.
102
00:05:44,858 --> 00:05:45,812
Frank.
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00:05:47,308 --> 00:05:48,602
What are you
drawing there, Frank?
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00:05:51,105 --> 00:05:53,123
Frank, remember
I said we needed someone
105
00:05:53,196 --> 00:05:55,153
to look at the facts of the case?
106
00:05:57,647 --> 00:05:59,021
Please.
107
00:06:09,967 --> 00:06:11,552
Okay, why did you say
to the security guard,
108
00:06:11,637 --> 00:06:13,353
"I'm sorry.
I didn't mean to do it"?
109
00:06:13,507 --> 00:06:16,440
- I didn't.
- You didn't say that?
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00:06:16,588 --> 00:06:19,242
No, I said that I was sorry
111
00:06:19,347 --> 00:06:21,883
because I tried to save him
and I couldn't.
112
00:06:21,958 --> 00:06:24,230
And that's how you got
the burns on your hands?
113
00:06:24,345 --> 00:06:25,802
Yes, sir.
114
00:06:26,286 --> 00:06:28,511
The inmate in the holding cell
when you went to trial,
115
00:06:28,595 --> 00:06:31,821
Larry Duffy, the one
who said you confessed--
116
00:06:32,005 --> 00:06:34,493
did you talk to him?
- Yes, sir.
117
00:06:35,387 --> 00:06:37,611
But I didn't confess.
118
00:06:38,195 --> 00:06:39,281
What did you say?
119
00:06:39,927 --> 00:06:44,420
I said that I didn't remember
my mom much.
120
00:06:44,587 --> 00:06:46,460
He was a orphan, too.
121
00:06:47,087 --> 00:06:49,013
Did he ask you about your case?
122
00:06:49,147 --> 00:06:52,121
No. I mean, yeah.
123
00:06:52,528 --> 00:06:56,733
He ask, but I didn't say anything.
124
00:06:57,066 --> 00:06:59,790
He testified you talked about things
the police never released to the public
125
00:06:59,858 --> 00:07:02,483
things like the victim
being wrapped in a rug.
126
00:07:02,595 --> 00:07:04,361
How'd he know those things?
127
00:07:06,565 --> 00:07:08,683
I don't know. I...
128
00:07:11,847 --> 00:07:15,010
- Frank...
- I don't know, I...
129
00:07:15,148 --> 00:07:17,030
I don't wanna die.
130
00:07:20,488 --> 00:07:21,462
Sister.
131
00:07:23,495 --> 00:07:26,721
Frank,
I need you to concentrate.
132
00:07:27,708 --> 00:07:30,242
What else did you tell
Larry Duffy about your case?
133
00:07:30,466 --> 00:07:33,941
He said that he was
being held in county,
134
00:07:34,118 --> 00:07:37,673
and he wanted
to know about city jail.
135
00:07:51,475 --> 00:07:52,753
Nice meeting you, Frank.
136
00:07:57,286 --> 00:07:58,060
Bye, Frank.
137
00:07:58,455 --> 00:07:59,790
- That's it?
- That's it.
138
00:07:59,858 --> 00:08:01,700
You can't just reject
the case based on that.
139
00:08:01,775 --> 00:08:03,183
I'm not rejecting the case.
140
00:08:03,308 --> 00:08:04,460
What did I miss?
141
00:08:04,547 --> 00:08:07,403
A professional snitch needs only one
thing to find out more about a case,
142
00:08:07,477 --> 00:08:08,713
where the convict was processed.
143
00:08:08,828 --> 00:08:11,360
That's exactly
what Frank told Larry Duffy.
144
00:08:11,884 --> 00:08:13,008
Where you going?
145
00:08:14,379 --> 00:08:15,338
To get started.
146
00:08:30,950 --> 00:08:33,323
Frank Benner.
Janitor, Saint Sebastian church.
147
00:08:33,409 --> 00:08:34,641
I.Q. Of 75.
148
00:08:34,725 --> 00:08:36,701
Judge ruled he was
mentally competent enough
149
00:08:36,795 --> 00:08:38,613
to know the difference
between right and wrong.
150
00:08:38,707 --> 00:08:40,543
Execution set for wednesday.
151
00:08:40,708 --> 00:08:42,302
Next seven days,
this is your home.
152
00:08:42,386 --> 00:08:44,172
You got dinner plans, cancel 'em.
153
00:08:44,268 --> 00:08:45,522
You got family in town?
154
00:08:45,587 --> 00:08:46,610
I don't know, get 'em theater tickets.
155
00:08:46,737 --> 00:08:50,360
You get tired, I got air mattresses
set up in Swain's office.
156
00:08:50,445 --> 00:08:52,181
- Understood?
- Yeah.
157
00:08:52,215 --> 00:08:54,423
Okay. The defense never argued
much more than retardation,
158
00:08:54,507 --> 00:08:57,001
so what can we attack?
- The snitch--Larry Duffy.
159
00:08:58,528 --> 00:09:00,090
Good. Damian,
you're on the Duffy path.
160
00:09:00,196 --> 00:09:03,000
Now the snitch is in one of two places
...in the prison or the morgue.
161
00:09:03,078 --> 00:09:05,212
Check both. What else?
- The security guard.
162
00:09:05,285 --> 00:09:08,433
He testified he saw Frank leaving
the building with his hands on fire.
163
00:09:08,775 --> 00:09:10,363
Help me!
164
00:09:12,897 --> 00:09:15,182
The guard says
he saw father Ortiz let Frank
165
00:09:15,286 --> 00:09:18,350
into the locked rectory
ten minutes before the fire.
166
00:09:22,317 --> 00:09:25,080
Frank said he was already in bed,
so that leaves one of two options.
167
00:09:25,157 --> 00:09:27,103
What are they?
- Well, either the guard is lying...
168
00:09:27,168 --> 00:09:29,411
Or someone else entered the rectory
ten minutes before the fire.
169
00:09:29,506 --> 00:09:32,020
Probably someone Ortiz knew because
he let 'em in without an argument.
170
00:09:32,087 --> 00:09:33,610
So, Jon, that's your track.
171
00:09:33,697 --> 00:09:36,123
Was it someone Ortiz was helping?
A friend, maybe.
172
00:09:36,196 --> 00:09:37,522
Someone from the church.
173
00:09:37,608 --> 00:09:39,332
And talk to the church board president...
174
00:09:39,418 --> 00:09:40,362
Eli Stillwell.
175
00:09:40,438 --> 00:09:43,013
Right. Find out everything you can
on Ortiz's dealings with the church.
176
00:09:43,105 --> 00:09:45,293
Brianna, you come with me
to talk to the security guard..
177
00:09:45,365 --> 00:09:49,013
Okay, everybody.
Seven days. Let's go.
178
00:09:50,758 --> 00:09:51,453
Sonya?
179
00:09:54,098 --> 00:09:58,252
Listen, visitation rights get pretty
lenient in the last week and,
180
00:09:58,317 --> 00:10:01,083
Frank doesn't have any family, so...
181
00:10:01,285 --> 00:10:02,660
You want me to be there with him.
182
00:10:02,738 --> 00:10:05,432
Right,
and if he remembers something...
183
00:10:05,515 --> 00:10:08,463
I understand if you...
- No, I want to.
184
00:10:08,647 --> 00:10:09,760
Thanks.
185
00:10:10,205 --> 00:10:11,021
Sure.
186
00:10:12,655 --> 00:10:14,833
I saw you last week on "20/20."
187
00:10:14,927 --> 00:10:17,783
Could you sign my book later?
- Certainly.
188
00:10:18,097 --> 00:10:20,103
Is this--is this where you saw him--
189
00:10:20,187 --> 00:10:22,300
Frank Benner,
with his hands on fire?
190
00:10:22,378 --> 00:10:23,630
Yeah, over there.
191
00:10:23,736 --> 00:10:27,650
I took off my coat, and I wrapped
his hands to put out the flames.
192
00:10:27,738 --> 00:10:30,732
And earlier, when you saw him
entering, where were you standing?
193
00:10:30,828 --> 00:10:34,310
Over there, um, by the gate.
I was locking up.
194
00:10:34,396 --> 00:10:35,840
And you saw it was Frank?
195
00:10:35,905 --> 00:10:37,623
All the way from here?
At night?
196
00:10:37,695 --> 00:10:40,022
Oh, yeah. The light
was on over the door.
197
00:10:43,126 --> 00:10:44,841
You saw John Paul, sister?
198
00:10:44,885 --> 00:10:47,423
Yes, sir.
It was a grand honor.
199
00:10:47,505 --> 00:10:50,241
Oh, he was a great pope.
I wish I'd met him.
200
00:10:50,316 --> 00:10:51,752
You know,
I saw him once at candlestick.
201
00:10:51,828 --> 00:10:52,682
Did you?
202
00:10:53,438 --> 00:10:54,460
What do you think?
203
00:10:54,545 --> 00:10:56,370
With the light on,
he might be able to see,
204
00:10:56,435 --> 00:10:59,703
but he also might be covering
for not doing his job, you know?
205
00:10:59,815 --> 00:11:01,870
Letting a stranger into the rectory.
206
00:11:01,936 --> 00:11:04,242
Yeah, but, I mean,
that looks original.
207
00:11:20,405 --> 00:11:22,530
The base
is newer than the statue.
208
00:11:25,976 --> 00:11:27,690
Is that a tree stump?
209
00:11:30,838 --> 00:11:32,821
Now, if there was
a tree here back then...
210
00:11:32,938 --> 00:11:34,743
Then how could
he see the rectory door?
211
00:11:39,248 --> 00:11:41,102
Neighborhoods change
a lot over the years.
212
00:11:41,176 --> 00:11:43,812
This church is the only thing
that stayed the same.
213
00:11:46,015 --> 00:11:49,660
Mr. Lisco, this tree--
when did they cut it down?
214
00:11:49,776 --> 00:11:50,962
A few years ago.
215
00:11:51,038 --> 00:11:53,922
It was breaking up the pavement,
kids tripping.
216
00:11:54,017 --> 00:11:55,941
So it was there
when father Ortiz got killed?
217
00:11:55,985 --> 00:11:58,000
Oh, yeah, it was beautiful...
218
00:12:00,307 --> 00:12:02,080
You couldn't see
the rectory door, could you?
219
00:12:02,137 --> 00:12:03,301
Not with that tree in the way.
220
00:12:03,435 --> 00:12:05,280
I could see around the tree.
221
00:12:05,375 --> 00:12:08,071
Mr. Lisco, a man's life is at stake.
222
00:12:08,147 --> 00:12:09,630
What did you see?
223
00:12:10,806 --> 00:12:12,450
Look, I thought it was Frank.
224
00:12:12,545 --> 00:12:14,763
He was always forgetting his keys.
225
00:12:14,847 --> 00:12:17,550
When the door opened, I saw
the light through the branches.
226
00:12:17,647 --> 00:12:21,721
Did you see anything else,
anything about the person entering?
227
00:12:26,375 --> 00:12:29,803
So who would father Ortiz be
letting into the rectory at midnight?
228
00:12:29,895 --> 00:12:32,231
As church president,
mr. Stillwell, you'd know.
229
00:12:32,316 --> 00:12:34,372
Well, Frank, of course.
230
00:12:36,027 --> 00:12:38,990
And the parish secretary,
the other priests and me.
231
00:12:39,095 --> 00:12:40,521
Did you kill him?
232
00:12:45,587 --> 00:12:47,951
- No.
- What a relief.
233
00:12:48,245 --> 00:12:50,871
You can ask my wife
if you want, when she gets up.
234
00:12:51,057 --> 00:12:54,261
I was here when the phone call
came about the fire.
235
00:12:54,335 --> 00:12:56,193
And, you found
the money missing, right?
236
00:12:56,277 --> 00:12:58,192
The $400 that Frank allegedly stole.
237
00:12:58,256 --> 00:13:00,841
Yes, but I immediately
brought it to the church board.
238
00:13:00,968 --> 00:13:03,221
And we voted to ask Frank to leave.
239
00:13:03,305 --> 00:13:04,603
Now how'd you know he took it?
240
00:13:04,727 --> 00:13:09,002
Well, we didn't, but we didn't
have any other suspects.
241
00:13:09,088 --> 00:13:12,120
And Frank was...retarded?
242
00:13:15,698 --> 00:13:20,523
As per procedure number 7-7-0,
5 days before the execution,
243
00:13:20,728 --> 00:13:22,932
we are authorized
to offer you sedatives.
244
00:13:23,026 --> 00:13:25,013
Would you like them, Frank?
245
00:13:25,865 --> 00:13:27,913
They're supposed to help you relax.
246
00:13:28,707 --> 00:13:29,770
Don't want 'em.
247
00:13:31,436 --> 00:13:32,911
Can I see what you're doing?
248
00:13:44,778 --> 00:13:45,891
This is great.
249
00:13:46,316 --> 00:13:49,751
- It's too short.
- No, no, this is great.
250
00:13:49,858 --> 00:13:52,830
My cellmate taught me
how to do that in books.
251
00:13:52,895 --> 00:13:53,981
Can I see another?
252
00:14:03,727 --> 00:14:05,911
Frank, these are amazing.
253
00:14:06,338 --> 00:14:08,143
You know, you could sell these.
254
00:14:09,028 --> 00:14:10,902
The guards said that, too.
255
00:14:16,817 --> 00:14:18,593
Did you take the money?
256
00:14:18,846 --> 00:14:21,883
It's all right if you did.
But did you take it?
257
00:14:21,937 --> 00:14:24,633
- No.
- I didn't care anyway.
258
00:14:24,858 --> 00:14:27,100
It might just help us
with our investigation.
259
00:14:28,285 --> 00:14:31,583
Did father Ortiz ever come to you
about the missing money?
260
00:14:31,668 --> 00:14:32,540
No.
261
00:14:33,007 --> 00:14:36,153
The night of the fire,
did you see father Ortiz at all?
262
00:14:36,218 --> 00:14:37,252
Yeah.
263
00:14:38,027 --> 00:14:40,201
When I came in
and tried to save him.
264
00:14:40,266 --> 00:14:43,230
No, no, I mean, before the fire.
265
00:14:44,018 --> 00:14:45,903
No, not before.
266
00:14:46,058 --> 00:14:49,930
It was thursday.
I never saw him thursday.
267
00:14:51,085 --> 00:14:52,512
Why not thursday?
268
00:14:55,335 --> 00:14:59,411
- That's when he saw the ladies.
- What ladies?
269
00:15:01,968 --> 00:15:04,870
You know... the ladies.
270
00:15:05,807 --> 00:15:06,940
On lincoln.
271
00:15:08,506 --> 00:15:09,860
Prostitutes?
272
00:15:10,657 --> 00:15:12,881
Yeah, right.
273
00:15:15,127 --> 00:15:19,571
So on thursday nights,
father Ortiz would visit prostitutes?
274
00:15:23,025 --> 00:15:24,751
- Are you sure we have time?
- Yeah.
275
00:15:26,435 --> 00:15:29,263
Jeez, when this place
closes down, man...
276
00:15:29,678 --> 00:15:32,091
All right, just give me a second.
- Okay, sure.
277
00:15:32,285 --> 00:15:33,483
Just gotta get my golf clubs.
278
00:15:43,705 --> 00:15:44,562
Charlie.
279
00:15:45,035 --> 00:15:46,061
What is this?
280
00:15:46,815 --> 00:15:48,691
Pajama party
and I wasn't invited?
281
00:15:48,995 --> 00:15:50,971
Okay, case board.
We got something new.
282
00:15:51,077 --> 00:15:52,962
I thought you'd be somewhere
over the pacific by now.
283
00:15:53,066 --> 00:15:54,770
Well, there was
a wine festival in Napa.
284
00:15:54,835 --> 00:15:56,312
What's going on?
- You don't wanna know.
285
00:15:56,405 --> 00:15:57,463
Yes, I do.
286
00:15:57,566 --> 00:15:58,773
You'll just want to get involved,
287
00:15:58,848 --> 00:16:00,561
and there are lawyers trying
for an emergency stay already.
288
00:16:00,658 --> 00:16:03,922
Frank Benner? The priest killer.
How'd you get this?
289
00:16:04,026 --> 00:16:06,492
Mr. Swain. How are you?
290
00:16:07,558 --> 00:16:08,123
Yeah.
291
00:16:08,676 --> 00:16:10,490
You have a secret life
I don't know about?
292
00:16:11,135 --> 00:16:13,053
Who was father Ortiz?
293
00:16:13,226 --> 00:16:14,642
Frank mentioned prostitutes.
294
00:16:14,707 --> 00:16:16,650
He visited them on thursdays.
Who were they?
295
00:16:16,717 --> 00:16:19,060
Well, the man was a hero
to the poor and disenfranchised,
296
00:16:19,127 --> 00:16:21,453
I mean, he could have been
ministering to the prostitutes.
297
00:16:21,527 --> 00:16:23,981
Jon, where are we
on the church board president?
298
00:16:24,096 --> 00:16:26,090
Well, he definitely
had access to the rectory,
299
00:16:26,168 --> 00:16:28,541
but his wife supports the alibi.
He was home during the fire.
300
00:16:28,616 --> 00:16:31,302
He mentioned a church secretary,
a, Marie Wanland,
301
00:16:31,388 --> 00:16:34,671
w-a-n-l-a-n-d,
who knew a lot about Ortiz.
302
00:16:34,805 --> 00:16:36,583
Good. You and Brianna
go question her.
303
00:16:36,695 --> 00:16:38,461
Damian,
where are we on the snitch?
304
00:16:38,587 --> 00:16:40,750
Nowhere.
This guy's just disappeared.
305
00:16:40,848 --> 00:16:43,231
He was a snitch in a dozen
murder and drug cases.
306
00:16:43,296 --> 00:16:44,552
Then last year, poof.
307
00:16:44,685 --> 00:16:46,662
Okay, well, look into federal court.
308
00:16:46,806 --> 00:16:48,513
If he has a bad rap
as a snitch in state court,
309
00:16:48,575 --> 00:16:50,080
he might still be
making deals in federal.
310
00:16:50,155 --> 00:16:52,150
Okay, everybody, five days.
Keep hitting.
311
00:16:57,856 --> 00:16:59,982
So what happened
to not taking capital cases?
312
00:17:00,055 --> 00:17:01,641
This just fellin our laps, David.
313
00:17:04,108 --> 00:17:05,610
- Who are the lawyers?
- You don't wanna know.
314
00:17:05,696 --> 00:17:07,600
- Is it Dansk Yangle?
- Just go on vacation.
315
00:17:07,688 --> 00:17:09,892
- Is it?
- Go. Please, go.
316
00:17:10,947 --> 00:17:13,992
No, there was nothing
inappropriate with prostitutes.
317
00:17:14,108 --> 00:17:16,732
I worked with the padre
for four years. I knew him.
318
00:17:16,838 --> 00:17:20,030
Okay, but he did
see prostitutes.
319
00:17:20,157 --> 00:17:22,243
They were on drugs.
He tried to get 'em to clean up.
320
00:17:22,326 --> 00:17:23,710
They'd get beaten by their pimp.
321
00:17:23,845 --> 00:17:25,651
He'd take 'em to the shelter
on Valencia.
322
00:17:25,725 --> 00:17:26,571
Dove street?
323
00:17:26,716 --> 00:17:29,482
Miss Wanland,
did father Ortiz leave behind
324
00:17:29,546 --> 00:17:32,051
any personal effects
like diaries or journals?
325
00:17:32,168 --> 00:17:33,990
Yes, but the police took them.
326
00:17:34,078 --> 00:17:36,091
And how about a computer.
Did he use one?
327
00:17:36,165 --> 00:17:38,811
Yes, but after the fire,
we gave it to the church school.
328
00:17:39,968 --> 00:17:41,260
You don't happen
to know which one?
329
00:17:41,346 --> 00:17:42,202
Nope.
330
00:17:42,286 --> 00:17:43,612
The principal said
they wipe the hard drives
331
00:17:43,678 --> 00:17:46,062
on all donated computers.
- Well, that's not a problem
332
00:17:46,128 --> 00:17:48,013
as long as they didn't
demagnetize them.
333
00:17:49,428 --> 00:17:52,220
This could take a month to find out
which one belonged to Ortiz.
334
00:17:56,586 --> 00:17:58,960
Maybe not.
We should call Conti.
335
00:18:01,518 --> 00:18:03,450
Some women
are studying for the G.E.D.
336
00:18:03,556 --> 00:18:09,473
Some do crafts, knitting,
sewing... learn macram�.
337
00:18:09,767 --> 00:18:11,701
We find it's very therapeutic,
338
00:18:11,818 --> 00:18:14,092
gets their mind off
of what they've been through.
339
00:18:14,805 --> 00:18:17,920
Reyna, we heard that the father
used to bring prostitutes here
340
00:18:18,008 --> 00:18:20,223
when they needed sanctuary.
341
00:18:20,295 --> 00:18:22,690
Yes. He brought a lot
of women to Dove street.
342
00:18:22,767 --> 00:18:24,190
Not just prostitutes?
343
00:18:24,276 --> 00:18:27,871
Violence against women
is an equal-opportunity offender.
344
00:18:27,995 --> 00:18:31,673
Miss Wallace, did you know
father Ortiz personally?
345
00:18:31,768 --> 00:18:32,983
I did.
346
00:18:33,397 --> 00:18:35,533
He inspired me to change my life.
347
00:18:39,727 --> 00:18:41,432
Valencia locals?
348
00:18:41,605 --> 00:18:43,883
Ex-gangbanger turned social worker.
349
00:18:43,975 --> 00:18:45,643
Takes all kinds, right?
350
00:18:47,275 --> 00:18:48,122
Yeah?
351
00:18:48,516 --> 00:18:50,130
The feds flew him up
from Los Angeles.
352
00:18:50,195 --> 00:18:53,050
He's testifying in two hours
in a mail fraud conspiracy.
353
00:18:53,748 --> 00:18:54,591
Who is it?
354
00:18:54,658 --> 00:18:56,410
Charles Conti, national justice project.
355
00:18:56,515 --> 00:18:57,771
Show me your badge.
356
00:18:58,537 --> 00:19:00,352
We don't carry badges, mr. Duffy.
357
00:19:00,796 --> 00:19:03,482
- Can't help you.
- Excuse me, Charlie.
358
00:19:03,587 --> 00:19:05,291
Sister Gloria Quinn.
359
00:19:05,407 --> 00:19:06,890
I thought with a name like "Duffy"
360
00:19:06,966 --> 00:19:08,182
I might be some help.
361
00:19:11,428 --> 00:19:13,702
- Sister?
- Do you have a moment?
362
00:19:13,835 --> 00:19:16,392
I read your book when I was in school.
363
00:19:16,468 --> 00:19:17,901
Where'd you go to school?
364
00:19:18,017 --> 00:19:21,220
St. John's, the cross, in Baltimore.
365
00:19:23,966 --> 00:19:27,862
I'm sorry, I haven't been
to church in a long time.
366
00:19:28,036 --> 00:19:30,002
You can always start.
367
00:19:30,225 --> 00:19:33,872
Yeah, it's just hard in prison.
368
00:19:34,617 --> 00:19:37,821
Actually, that's a lie.
It's not hard. I'm just lazy.
369
00:19:38,246 --> 00:19:39,712
It's okay, Larry.
370
00:19:39,777 --> 00:19:42,970
Could you tell us
what happened with Frank Benner?
371
00:19:45,158 --> 00:19:46,611
It's kind of embarrassing.
372
00:19:46,715 --> 00:19:50,032
The only true embarrassment
is not confessing.
373
00:19:50,768 --> 00:19:54,350
They call it,
"avoid the pen, send a friend."
374
00:19:54,616 --> 00:19:57,200
Shave a few years off your sentence by...
375
00:19:57,785 --> 00:19:59,393
snitching on a cellie.
376
00:19:59,685 --> 00:20:02,080
But you knew facts
long before the trial.
377
00:20:02,328 --> 00:20:04,673
The victim rolled in the rug?
378
00:20:05,977 --> 00:20:06,832
Tell him.
379
00:20:07,547 --> 00:20:08,251
Okay.
380
00:20:09,216 --> 00:20:10,732
With your guy Benner,
381
00:20:10,846 --> 00:20:13,212
I found out what holding cell
he was coming through.
382
00:20:13,277 --> 00:20:14,621
See, if you know
where he's processed,
383
00:20:14,717 --> 00:20:17,172
then you can phone
the inmate reception center.
384
00:20:17,397 --> 00:20:19,250
This is Kevin Farmer
at N&D bail bonds.
385
00:20:19,346 --> 00:20:21,533
I need some information
on a prospective bond risk.
386
00:20:21,685 --> 00:20:22,942
Then when you get
the case number,
387
00:20:23,018 --> 00:20:24,550
you can call the D.A.'s records room.
388
00:20:24,636 --> 00:20:28,300
Yes, it's case number
567543048. Frank Benner.
389
00:20:28,428 --> 00:20:30,672
Could you hurry up?
The D.A.'s going nuts on this one.
390
00:20:30,735 --> 00:20:31,503
What do you need?
391
00:20:31,607 --> 00:20:33,603
Just a verbal inventory
on the evidence.
392
00:20:33,676 --> 00:20:35,273
The D.A. thinks
he's missing something.
393
00:20:35,426 --> 00:20:36,933
And then you can contact the D.A.,
394
00:20:37,008 --> 00:20:38,972
And you can tell them
anything they wanna hear.
395
00:20:39,078 --> 00:20:40,563
He said
he could see the guy's face.
396
00:20:41,547 --> 00:20:45,421
You know, the dead priest's face.
So he rolled a rug over him.
397
00:20:45,817 --> 00:20:49,251
That's how you get five years
shaved off your sentence.
398
00:20:49,385 --> 00:20:52,210
Trick is to not snitch on
someone who can kill you.
399
00:20:52,298 --> 00:20:54,581
That's why you get
someone like Frank.
400
00:20:54,676 --> 00:20:55,923
Poor kid.
401
00:20:56,018 --> 00:20:58,240
You sent that poor kid to death row.
402
00:20:58,327 --> 00:21:00,500
It wasn't just me, sister.
I'm sorry about it,
403
00:21:00,618 --> 00:21:03,150
but they had all
this other evidence against him.
404
00:21:03,276 --> 00:21:05,492
You'll swear
to what you just told us?
405
00:21:06,647 --> 00:21:08,420
You're damn right you will.
406
00:21:10,485 --> 00:21:11,542
I will.
407
00:21:13,758 --> 00:21:14,853
Good work, sister.
408
00:21:15,768 --> 00:21:16,242
Hello?
409
00:21:16,325 --> 00:21:18,200
Hi, yeah, is this the Frank Benner
defense team?
410
00:21:18,246 --> 00:21:19,251
Who do you need?
411
00:21:19,327 --> 00:21:20,672
Lead counsel.
We got something new.
412
00:21:22,525 --> 00:21:23,632
What do you got?
413
00:21:23,795 --> 00:21:24,981
David?
414
00:21:25,128 --> 00:21:27,460
Dansk Yangle asked me
to argue the emergency stay
415
00:21:27,555 --> 00:21:28,880
based on the guard's reversal.
416
00:21:29,006 --> 00:21:31,922
What happened to your vacation?
Actually, I don't care.
417
00:21:32,018 --> 00:21:33,530
We got the snitch
to impeach his testimony.
418
00:21:33,625 --> 00:21:34,871
Did he sign an affidavit?
419
00:21:34,968 --> 00:21:37,573
He's writing it up as we speak.
We'll messenger it over.
420
00:21:37,688 --> 00:21:39,971
Good work, kid.
What's your name again?
421
00:21:40,097 --> 00:21:41,210
Good-bye, David.
422
00:21:41,807 --> 00:21:45,881
All rise. The honorable justices
of the supreme court of California...
423
00:21:50,227 --> 00:21:54,223
Frank, I'm sorry,
but per procedure number 770,
424
00:21:54,317 --> 00:21:56,451
we need to ask you
a few questions.
425
00:21:56,786 --> 00:21:57,820
Do you want me to...
426
00:21:57,947 --> 00:22:00,453
No, ma'am.
Legal counsel's allowed.
427
00:22:00,675 --> 00:22:02,171
This one
I'm gonna read, Frank.
428
00:22:04,356 --> 00:22:08,061
The inmate may select the method
of execution three days prior.
429
00:22:08,176 --> 00:22:10,022
There are
two methods of execution...
430
00:22:10,138 --> 00:22:14,831
lethal injection or execution
by poisonous gas.
431
00:22:15,195 --> 00:22:18,651
Do you want either of these
methods described to you?"
432
00:22:22,665 --> 00:22:23,880
Oh, just, um...
433
00:22:25,835 --> 00:22:27,031
Frank...
434
00:22:27,928 --> 00:22:30,560
do you want me
to tell them lethal injection?
435
00:22:36,795 --> 00:22:38,062
Lethal injection.
436
00:22:41,486 --> 00:22:45,783
The inmate is allowed access to
a television or a radio if so desired.
437
00:22:45,996 --> 00:22:47,313
Radio.
438
00:22:47,975 --> 00:22:52,990
The inmate is allowed
five witnesses at the execution.
439
00:23:05,378 --> 00:23:07,650
I don't know five people.
440
00:23:09,595 --> 00:23:11,140
Do you want me to come?
441
00:23:13,806 --> 00:23:15,331
I don't want to ask.
442
00:23:16,047 --> 00:23:17,403
Frank, I'll be there.
443
00:23:19,438 --> 00:23:21,050
Do you want Sister Quinn?
444
00:23:21,637 --> 00:23:25,401
- If she's not too busy.
- She'd never be too busy for you.
445
00:23:26,096 --> 00:23:27,260
Thank you.
446
00:23:32,765 --> 00:23:33,931
Okay, where we at?
447
00:23:34,058 --> 00:23:36,003
Well, we're getting somewhere
with Ortiz's computer.
448
00:23:36,088 --> 00:23:37,652
We think
that we maybe able to find out
449
00:23:37,736 --> 00:23:40,070
who he had an appointment
with at the time of the murder.
450
00:23:42,225 --> 00:23:43,381
Yeah, this is all the data that
451
00:23:43,468 --> 00:23:46,193
we were able to retrieve off
of Ortiz's computer right here.
452
00:23:46,287 --> 00:23:47,473
It's mostly e-mails,
453
00:23:47,557 --> 00:23:49,911
but there are some entries
from an online appointment book.
454
00:23:50,025 --> 00:23:53,031
The cops never looked because
Frank was already in custody.
455
00:23:53,116 --> 00:23:55,991
Yeah, now the computer
was reformatted by the school,
456
00:23:56,075 --> 00:23:58,472
which just means the original data
is scattered all over the hard drive.
457
00:23:58,545 --> 00:24:00,261
So you might have something, like,
458
00:24:00,366 --> 00:24:04,211
"after mass,
without phoning Peter at 5-8-3,"
459
00:24:04,285 --> 00:24:05,733
and that's it--
just a chunk of a sentence.
460
00:24:05,818 --> 00:24:08,811
But we don't have the start
of that sentence or the end.
461
00:24:08,927 --> 00:24:10,203
Okay, where do we start?
462
00:24:11,356 --> 00:24:12,343
Right here--
463
00:24:12,597 --> 00:24:13,582
date of the murder.
464
00:24:15,318 --> 00:24:17,481
"December 17, 1998.
465
00:24:17,577 --> 00:24:21,231
"9 A.M. Mass, received phonecall
from R.W. about tonight."
466
00:24:21,298 --> 00:24:24,123
Possible thr--"
- "thur"? What's "thur"?
467
00:24:24,215 --> 00:24:27,112
Uh, "t-h-r,"
and it just cuts off there.
468
00:24:27,188 --> 00:24:30,803
We think it might be "threat"..
possible threat.
469
00:24:30,878 --> 00:24:31,963
Right, maybe.
470
00:24:32,036 --> 00:24:34,822
"Received phone call from R.W.
About tonight, possible threat."
471
00:24:34,928 --> 00:24:36,442
R.W., What's the secretary's name?
472
00:24:36,518 --> 00:24:37,753
Marie Wanland.
473
00:24:37,817 --> 00:24:39,101
What about the church president?
474
00:24:39,176 --> 00:24:40,750
Eli Stillwell.
475
00:24:42,068 --> 00:24:44,693
All right, I'm gonna check with
the church for possible R.W.S.
476
00:24:44,768 --> 00:24:45,812
Do you need
some more people here?
477
00:24:45,908 --> 00:24:47,352
No, not yet.
478
00:24:47,425 --> 00:24:48,540
42 hours left.
479
00:24:48,626 --> 00:24:50,303
- Find that fragment.
- We'll do our best.
480
00:24:50,397 --> 00:24:51,352
Yeah.
481
00:24:51,416 --> 00:24:54,230
They don't care!
They just don't care, Charlie.
482
00:24:54,338 --> 00:24:57,340
The justices said they don't care
that your snitch changed his story.
483
00:24:57,408 --> 00:24:59,723
They said the prosecution has
enough evidence to convict him
484
00:24:59,797 --> 00:25:00,763
even without his testimony.
485
00:25:04,508 --> 00:25:05,802
Did you tell 'em
about the security guard?
486
00:25:05,867 --> 00:25:09,142
Oh, yeah, I had some lovely diagrams of trees and blocked views.
487
00:25:09,225 --> 00:25:11,161
I think justice Scarsdale
went to sleep.
488
00:25:11,276 --> 00:25:14,462
Okay, well, we're piecing
together Ortiz's computer.
489
00:25:14,525 --> 00:25:16,153
He kept
an online appointment book.
490
00:25:16,236 --> 00:25:18,532
He was writing about
a meeting the night of the murder.
491
00:25:18,608 --> 00:25:21,852
It may have involved a threat.
David, we need more time.
492
00:25:21,926 --> 00:25:23,650
They're not gonna give us
an extra minute.
493
00:25:23,736 --> 00:25:25,891
I can read a justice's mood
a mile away.
494
00:25:25,978 --> 00:25:28,690
They think this is all last-minute
evidentiary scrambling.
495
00:25:28,816 --> 00:25:30,103
They're right.
496
00:25:45,496 --> 00:25:46,562
Can you sleep?
497
00:25:49,078 --> 00:25:50,311
No.
498
00:25:53,425 --> 00:25:54,643
One more day.
499
00:25:55,918 --> 00:25:56,970
I feel sick.
500
00:25:59,578 --> 00:26:02,342
It's like watching a plane
heading towards a mountain,
501
00:26:02,465 --> 00:26:04,913
and there's nothing
you can do about it.
502
00:26:07,475 --> 00:26:08,911
Nothing but watch.
503
00:26:20,456 --> 00:26:24,212
Wait a minute. "E-a-T." "Et."
504
00:26:24,455 --> 00:26:27,222
Last time I checked,
"e-a-t" spells "eat."
505
00:26:27,318 --> 00:26:30,240
No, no, no, no.
It's the second half of "threat."
506
00:26:30,308 --> 00:26:31,220
"Possible threat."
507
00:26:31,288 --> 00:26:32,400
- Conti.
- Yeah.
508
00:26:32,477 --> 00:26:34,331
What's the starting fragment?
509
00:26:37,967 --> 00:26:40,763
"received phone call from
R.W. About tonight. Possible..."
510
00:26:40,845 --> 00:26:44,881
"threat. F.B. says he's always
downstairs. Don't worry."
511
00:26:45,315 --> 00:26:47,693
Downstairs?
F.B. is Frank Benner.
512
00:26:47,806 --> 00:26:50,992
- Yeah.
- Keep looking.
513
00:27:08,545 --> 00:27:12,051
They're body-searching him
every three hours.
514
00:27:13,355 --> 00:27:15,351
You want me to have
Brianna come replace you?
515
00:27:15,505 --> 00:27:18,132
No. No.
516
00:27:19,545 --> 00:27:21,783
You need to go outside,
take a walk.
517
00:27:21,957 --> 00:27:23,540
Clear your head, you know?
518
00:27:24,295 --> 00:27:25,202
I can't.
519
00:27:37,096 --> 00:27:39,322
You don't remember anything, Frank?
520
00:27:39,958 --> 00:27:42,143
Anything about an R.W.?
521
00:27:44,507 --> 00:27:45,433
Read it again.
522
00:27:47,888 --> 00:27:52,672
"Received phone call from R.W.
about tonight. Possible threat."
523
00:27:53,286 --> 00:27:56,242
"F.B. says he's always
downstairs. Don't worry."
524
00:27:56,577 --> 00:28:00,200
I'm sorry.
I don't know what that means.
525
00:28:00,536 --> 00:28:02,902
Yeah, but "F.B.",
that must be you, Frank.
526
00:28:03,025 --> 00:28:06,771
- I don't know. I'm tired.
- OK.
527
00:28:10,927 --> 00:28:11,902
Listen to me.
528
00:28:12,957 --> 00:28:17,072
I want you to put yourself
back to the day of the fire.
529
00:28:20,487 --> 00:28:22,060
What did you doin the morning?
530
00:28:22,486 --> 00:28:24,242
Did you--did you eat breakfast?
531
00:28:24,555 --> 00:28:26,812
Yeah, with father.
532
00:28:27,135 --> 00:28:28,980
Good, okay.
533
00:28:29,338 --> 00:28:33,271
Did he say anything?
Was he going anywhere?
534
00:28:33,617 --> 00:28:38,391
No. The ladies...to help them.
535
00:28:38,568 --> 00:28:40,700
Right, the ladies, okay.
536
00:28:41,705 --> 00:28:43,102
Which ladies?
537
00:28:43,168 --> 00:28:45,872
The tough ones.
The ones who fight.
538
00:28:45,946 --> 00:28:48,682
The ones with the tattoos.
He was talking--
539
00:28:48,758 --> 00:28:51,322
Wait, with tattoos?
540
00:28:54,495 --> 00:28:56,193
- Oh, my god.
- What?
541
00:28:56,307 --> 00:28:57,630
R.W.--
542
00:28:59,208 --> 00:29:00,512
Reyna Wallace.
543
00:29:00,897 --> 00:29:03,561
"Received phone call from
Reyna Wallace about tonight."
544
00:29:03,656 --> 00:29:05,450
"Possible threat." Door, please.
545
00:29:05,566 --> 00:29:06,921
Thank you, Frank.
546
00:29:07,398 --> 00:29:08,831
Wait, who's Reyna Wallace?
547
00:29:08,996 --> 00:29:10,752
Someone who can lead us
to the threat.
548
00:29:24,855 --> 00:29:28,601
My boyfriend beat me for the last
two years we were together
549
00:29:28,677 --> 00:29:30,681
when he wasn't burning me
with a cigarette lighter.
550
00:29:30,727 --> 00:29:32,341
And is that when
you asked father Ortiz for help?
551
00:29:32,415 --> 00:29:35,202
First I told him nothing
was wrong--classic denial.
552
00:29:35,297 --> 00:29:37,632
But then my boyfriend
put me in the hospital.
553
00:29:37,716 --> 00:29:40,322
Father Ortiz heard,
got me out of there, got me here.
554
00:29:40,395 --> 00:29:41,411
Okay, Reyna, this boyfriend--
555
00:29:41,485 --> 00:29:43,432
did he ever make death threats
against the father?
556
00:29:43,516 --> 00:29:46,240
I wouldn't doubt it.
Hector was pretty unpredictable.
557
00:29:46,305 --> 00:29:48,813
He's out on parole
for an old drive-by.
558
00:29:48,845 --> 00:29:50,191
Wait. Hector? Hector who?
559
00:29:50,278 --> 00:29:52,830
Najarro. Hector Najarro.
560
00:29:57,377 --> 00:29:58,213
Where is he now?
561
00:29:58,375 --> 00:30:01,911
I always keep track of him,
so I can avoid him at all costs.
562
00:30:12,495 --> 00:30:13,473
Hector Najarro?
563
00:30:25,608 --> 00:30:29,082
Heard you like playing with lighters,
you sick son of a bitch.
564
00:30:30,027 --> 00:30:33,203
12 rolls of adhesive tape,
20 syringes, 10 needles,
565
00:30:33,378 --> 00:30:35,900
6 tourniquets,
2 boxes of surgical gloves,
566
00:30:35,996 --> 00:30:37,552
4 bags of saline solution.
567
00:30:38,806 --> 00:30:39,980
Good. What else did you find out?
568
00:30:40,058 --> 00:30:43,342
Najarro was angry about father Ortiz
hiding his girlfriend Reyna Wallace.
569
00:30:43,398 --> 00:30:46,651
He was hiding her at Dove street
charities...a women's shelter.
570
00:30:46,737 --> 00:30:50,331
And we think Najarro went to Ortiz
that night to find out where she was.
571
00:30:50,417 --> 00:30:52,813
Too many names.
Damn, we're going into court.
572
00:30:52,887 --> 00:30:55,640
Okay, the police just took Najarro
into custody for violating parole.
573
00:30:55,715 --> 00:30:57,811
- You got it?
- Violating parole, got it.
574
00:31:03,237 --> 00:31:05,622
The always punctual mr. Swain.
575
00:31:05,705 --> 00:31:07,353
We have new evidence, your honor.
576
00:31:07,428 --> 00:31:09,190
So your motion papers say.
577
00:31:09,258 --> 00:31:10,861
We believe someone else
committed this murder..
578
00:31:10,926 --> 00:31:12,800
Hector Najarro..
579
00:31:12,878 --> 00:31:13,480
now in custody
580
00:31:13,566 --> 00:31:16,270
with the San Francisco police
department for a parole violation.
581
00:31:16,356 --> 00:31:20,113
We filed a motion for a stay of execution so we may investigate further.
582
00:31:20,175 --> 00:31:22,691
Mr. Melvoy,
how does the state respond?
583
00:31:24,678 --> 00:31:28,520
Your honor, fortunately, we know
mr. Najarro's jacket all too well.
584
00:31:28,608 --> 00:31:30,020
- The state submits
- Get Conti on the phone.
585
00:31:30,106 --> 00:31:31,382
that this petition is without merit.
586
00:31:31,447 --> 00:31:33,481
Given that mr. Najarro
was in city custody
587
00:31:33,565 --> 00:31:35,611
the entire week of december 17th--
588
00:31:35,697 --> 00:31:37,461
the week of the murder.
589
00:31:37,986 --> 00:31:39,802
Mr. Swain, did you know about this?
590
00:31:41,285 --> 00:31:42,421
Your honor, I, ...
591
00:31:43,308 --> 00:31:45,383
Mr. Swain, you have now
wasted this court's time
592
00:31:45,456 --> 00:31:47,472
on several frivolous
successive petitions.
593
00:31:47,605 --> 00:31:51,742
Do you have any other
amendments or claims?
594
00:31:58,217 --> 00:32:01,653
My mom used
to take me to this park.
595
00:32:02,916 --> 00:32:04,972
It was near our house.
596
00:32:05,736 --> 00:32:09,672
And there was this plane in it...
like a real plane.
597
00:32:11,148 --> 00:32:13,913
I used to climb all over it.
598
00:32:14,335 --> 00:32:15,293
How old were you?
599
00:32:15,518 --> 00:32:19,361
I don't know.
But it was like a real plane.
600
00:32:19,685 --> 00:32:22,011
And it was green all around.
601
00:32:22,237 --> 00:32:24,221
All around.
602
00:32:26,807 --> 00:32:30,151
You think of that, Frank.
Don't think about anything else.
603
00:32:30,235 --> 00:32:33,102
You just think about that plane
and you climbing on it.
604
00:32:33,697 --> 00:32:35,902
Miss, we need you to stand outside.
605
00:32:36,027 --> 00:32:37,991
I don't want you to go.
606
00:32:38,335 --> 00:32:40,191
Listen to me.
I'm not going anywhere.
607
00:32:40,275 --> 00:32:43,802
I'm gonna be right outside.
I'm gonna be right there.
608
00:32:53,426 --> 00:32:54,010
Miss?
609
00:33:04,695 --> 00:33:06,790
I need you to be strong, Frank.
610
00:33:06,986 --> 00:33:10,600
You get that picture of that plane
in your mind, and you hold on to it.
611
00:33:21,917 --> 00:33:23,323
Eli Stillwell.
612
00:33:23,537 --> 00:33:27,492
As much as we want justice for the
murder of our friend father Ortiz...
613
00:33:27,567 --> 00:33:28,493
Charlie!
614
00:33:29,028 --> 00:33:32,052
As catholics, we also believe
in the virtues of forgiveness.
615
00:33:32,365 --> 00:33:33,301
What?
616
00:33:33,885 --> 00:33:36,322
It's the board president, Eli Stillwell.
- What about him?
617
00:33:36,378 --> 00:33:38,160
Look, the macram� on the wall.
618
00:33:38,236 --> 00:33:39,970
They were making them at
- .. the women's shelter.
619
00:33:40,965 --> 00:33:43,631
Jon, the church president..
his alibi. Who was his alibi?
620
00:33:43,706 --> 00:33:46,593
- I checked it out, his wife.
- His battered wife.
621
00:33:48,278 --> 00:33:50,213
We had the right motive
but the wrong man.
622
00:33:50,277 --> 00:33:53,623
It wasn't Hector angry at Ortiz
for hiding his girlfriend.
623
00:33:53,725 --> 00:33:55,150
It was Stillwell.
624
00:33:55,238 --> 00:33:57,771
Father Ortiz must have brought her
to the shelter.
625
00:33:58,795 --> 00:34:01,770
- 45 minutes.
- That's not enough time.
626
00:34:03,016 --> 00:34:05,433
Jon, get Swain on the phone.
Tell him to go back to court!
627
00:34:05,508 --> 00:34:06,942
The judge
can't leave till midnight.
628
00:34:14,658 --> 00:34:15,653
Mrs. Stillwell?
629
00:34:18,786 --> 00:34:19,880
I'm sorry. Can I help you?
630
00:34:19,957 --> 00:34:22,503
I need to ask you a question,
mrs. Stillwell. Can I come in?
631
00:34:22,617 --> 00:34:24,013
It's a little late.
632
00:34:24,098 --> 00:34:26,002
I need to ask you about Dove street..
633
00:34:26,095 --> 00:34:28,230
the woman's shelter
where you stayed.
634
00:34:29,516 --> 00:34:31,362
I can't talk right now. Good night.
635
00:34:31,437 --> 00:34:34,581
I just called Reyna Wallace.
She told me, mrs. Stillwell.
636
00:34:34,658 --> 00:34:36,473
She told me what happened to you.
637
00:34:37,548 --> 00:34:40,463
Please... it's very important.
638
00:34:42,636 --> 00:34:43,912
She'll admit to that?
639
00:34:44,607 --> 00:34:46,583
Yes, he was beating his wife.
640
00:34:46,646 --> 00:34:48,521
Father Ortiz
had tried to stop it in the past.
641
00:34:48,605 --> 00:34:49,911
But when still well kept at it,
642
00:34:49,948 --> 00:34:51,630
father Ortiz got her over to the shelter.
643
00:34:51,726 --> 00:34:53,090
That's why Stillwell killed Ortiz!
644
00:34:53,196 --> 00:34:56,723
Yes. I think he went
to the rectory to confront him
645
00:34:56,808 --> 00:34:59,292
and to find out where Ortiz
was hiding his wife.
646
00:35:06,705 --> 00:35:09,843
- You're in my marriage!
- Mr. Stillwell, she's in good hands.
647
00:35:09,928 --> 00:35:11,403
Just stay out of my business!
648
00:35:13,726 --> 00:35:16,830
- How much time we got?
- We got eight minutes.
649
00:35:23,836 --> 00:35:24,913
Excuse us.
650
00:35:25,007 --> 00:35:29,060
Hi. I have a new petition and
a motion for a stay of execution.
651
00:35:31,168 --> 00:35:33,823
A habeas petition has gotta
be filed on an mc275.
652
00:35:33,888 --> 00:35:35,820
For god's sake,
a man is about to be executed!
653
00:35:35,897 --> 00:35:38,553
Call the justice!
- Please!
654
00:35:54,996 --> 00:35:56,933
- Okay, he wouldn't have left yet.
- Well, he's not picking up.
655
00:35:57,005 --> 00:35:58,821
- Well, try his pager.
- Who is it? Who's on call?
656
00:35:58,897 --> 00:36:00,893
It's Castaldi, sir, you just can't...
- Where is his chambers?
657
00:36:00,967 --> 00:36:02,960
Here, here, he's in 206.
658
00:36:03,635 --> 00:36:04,521
Look, you just can't...
659
00:36:50,875 --> 00:36:52,060
Justice Castaldi!
660
00:36:52,638 --> 00:36:54,710
Sir, wait! Wait!
661
00:36:55,328 --> 00:36:56,992
We have new evidence, sir!
662
00:36:57,396 --> 00:36:58,382
Please.
663
00:36:58,635 --> 00:37:01,961
Eli stillwell, the church board
president, was beating his wife.
664
00:37:02,057 --> 00:37:03,762
Father Ortiz knew about this.
665
00:37:03,845 --> 00:37:06,213
Mrs. Stillwell just retracted the alibi
666
00:37:06,306 --> 00:37:08,133
she provided
for her husband that night.
667
00:37:08,235 --> 00:37:09,251
I'm listening.
668
00:37:09,347 --> 00:37:12,402
All right, he had motive.
He had opportunity.
669
00:37:12,478 --> 00:37:16,012
Can you put him at the scene?
Can you link him to the crime?
670
00:37:16,118 --> 00:37:18,902
You have a suspicion?
That's not enough!
671
00:37:19,865 --> 00:37:24,100
Yes, sir, it's enough for a stay!
Please, Justice Castaldi,
672
00:37:24,195 --> 00:37:26,430
Give me a day.
Give me eight hours!
673
00:37:26,485 --> 00:37:28,241
You had eight years.
674
00:37:28,665 --> 00:37:31,662
Your client had a trial.
He had his appeals.
675
00:37:31,755 --> 00:37:33,562
He even had
two emergency petitions.
676
00:37:33,637 --> 00:37:35,702
We can fix this!
677
00:37:36,058 --> 00:37:39,392
We can't undo it, sir,
not once it's done.
678
00:37:39,477 --> 00:37:40,700
That's just it.
679
00:37:40,816 --> 00:37:43,861
At some point, it has to be done.
680
00:37:43,955 --> 00:37:45,763
It's over, mr. Swain.
681
00:37:47,167 --> 00:37:48,982
Let it go.
682
00:38:01,606 --> 00:38:02,730
Damn it!
683
00:39:18,107 --> 00:39:24,821
# Amazing Grace #
684
00:39:25,548 --> 00:39:32,732
# how sweet the sound #
685
00:39:33,485 --> 00:39:40,922
# that saved a wretch #
686
00:39:41,648 --> 00:39:46,650
# like me #
687
00:39:49,445 --> 00:39:57,092
# I once was lost #
688
00:39:57,735 --> 00:40:04,543
# but now I'm found #
689
00:40:05,847 --> 00:40:17,250
# was blind but now I see #
690
00:41:57,856 --> 00:42:05,611
# a life of joy #
691
00:42:05,865 --> 00:42:10,093
# and peace #
692
00:42:12,715 --> 00:42:16,323
Synchro : Sulina
Transcript : Raceman
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