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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:24,725 --> 00:00:26,603 In the criminal justice system... 2 00:00:26,627 --> 00:00:30,496 the people are represented by two separate yet equally important groups: 3 00:00:30,564 --> 00:00:32,362 the police who investigate crime... 4 00:00:32,432 --> 00:00:35,197 and the district attorneys who prosecute the offenders. 5 00:00:35,269 --> 00:00:36,965 These are their stories. 6 00:00:38,272 --> 00:00:41,003 Soon as the city issues a demolition permit, we jump in. 7 00:00:41,074 --> 00:00:43,168 We've been working this site for nearly a week. 8 00:00:43,243 --> 00:00:46,702 We marked off the cleared areas. We have to watch where we walk. 9 00:00:46,780 --> 00:00:49,477 This place is filled with history. Yeah, reeks with it. 10 00:00:49,550 --> 00:00:52,315 What I want to know is why you lifted the body out of the ground... 11 00:00:52,386 --> 00:00:53,386 before you called us? 12 00:00:53,453 --> 00:00:56,548 We find remains all the time. There are old cemeteries all over the city. 13 00:00:56,623 --> 00:01:00,082 And this housekeeping around the burial site, that's your work, too? 14 00:01:00,160 --> 00:01:03,619 We had to make sure nothing was lost. This is an archaeological dig. 15 00:01:03,697 --> 00:01:07,099 Hey, this is a crime scene, Mr. Peabody, and we don't appreciate... 16 00:01:07,167 --> 00:01:09,568 people putting little red ribbons around our evidence. 17 00:01:09,636 --> 00:01:12,367 We had no way of knowing these remains were contemporary. 18 00:01:12,439 --> 00:01:14,965 Let me guess. The quartz watch gave it away? 19 00:01:16,476 --> 00:01:18,707 What's this? Animal, vegetable or mineral? 20 00:01:18,779 --> 00:01:20,805 Toupee. Must belong to the corpse. 21 00:01:20,881 --> 00:01:22,645 We got bits and pieces of a sheet. 22 00:01:22,716 --> 00:01:26,585 The guy was probably gift-wrapped before Indiana Jones here got to him. 23 00:01:26,954 --> 00:01:29,753 Corpse got a name? How about Uncle Fester? 24 00:01:30,924 --> 00:01:34,190 There's no meat on the hands. I guess the teeth are gonna have to tell, huh? 25 00:01:34,261 --> 00:01:37,095 Jaws are empty. Shattered bones around the sockets. 26 00:01:37,164 --> 00:01:39,724 Teeth must've been knocked out. Nice touch. 27 00:01:40,467 --> 00:01:43,801 What's left of a blue blazer. Cashmere. 28 00:01:44,237 --> 00:01:46,331 Nothing like going in style, huh? 29 00:01:46,673 --> 00:01:50,735 No labels. Gold buttons. Hey, it looks like a gryphon. 30 00:01:50,811 --> 00:01:51,904 A what? 31 00:01:51,979 --> 00:01:53,971 There's one on my family crest. 32 00:01:54,581 --> 00:01:56,049 Seen enough? Yeah. 33 00:01:56,216 --> 00:01:58,981 Okay, let's pack up Mr. Bones and bring him back to the office. 34 00:02:47,634 --> 00:02:50,194 Detective Thomas, pick up line two. 35 00:02:50,404 --> 00:02:53,431 I found this slug from a .22 in the brain cavity. 36 00:02:53,507 --> 00:02:56,807 I'll send it over to Forensics. Where was the entry wound? 37 00:02:57,144 --> 00:02:59,477 Just above the cervical vertebrae. 38 00:03:00,080 --> 00:03:01,946 Your basic back of the skull. 39 00:03:02,683 --> 00:03:04,481 Yeah, your basic mob hit. 40 00:03:04,751 --> 00:03:09,280 Male, medium build, 5'7". Probably stooped. 41 00:03:09,690 --> 00:03:10,690 Age? 42 00:03:10,924 --> 00:03:13,655 I have to soak the bone, macerate some tissue. 43 00:03:14,394 --> 00:03:15,692 It'll take a couple of weeks. 44 00:03:15,762 --> 00:03:18,288 You got any idea how long he was down there for? 45 00:03:18,699 --> 00:03:22,727 Time since death? Ballpark: between two and 10 years. 46 00:03:22,803 --> 00:03:25,500 Once we get the chemical analysis, we can narrow it down. 47 00:03:25,572 --> 00:03:29,339 Great. When you get an answer, give me a call at the retirement home. 48 00:03:30,277 --> 00:03:33,543 Missing Persons has a database of 640 people. 49 00:03:33,613 --> 00:03:35,343 None of them were hunchbacks with toupees. 50 00:03:35,415 --> 00:03:37,043 What about the building he was found in? 51 00:03:37,117 --> 00:03:40,417 Well, aside from the rats and the squatters, we've been checking on... 52 00:03:40,487 --> 00:03:42,888 three different owners over the last 10 years. 53 00:03:42,956 --> 00:03:45,289 Currently in the city's lap for unpaid taxes. 54 00:03:45,358 --> 00:03:49,352 ME just sent this over. They pulled it out of your John Doe's knee bone. 55 00:03:50,263 --> 00:03:52,755 Might trace it back to a medical supplier. 56 00:03:53,066 --> 00:03:55,626 Hey, if this guy rests in peace for another couple of weeks... 57 00:03:55,702 --> 00:03:57,500 he's not gonna get any deader. 58 00:03:57,571 --> 00:04:00,166 Well, seeing there's no numbers... 59 00:04:00,640 --> 00:04:03,007 there's no markings, it looks pretty generic to me. 60 00:04:03,076 --> 00:04:04,620 What do you say, we toss it to Profaci... 61 00:04:04,644 --> 00:04:06,943 give him something to do besides the donut run? 62 00:04:07,013 --> 00:04:09,141 You caught it, you solve it. 63 00:04:09,216 --> 00:04:10,616 What else you have? 64 00:04:10,684 --> 00:04:13,518 Got a Hong Kong Rolex that probably died before he did. 65 00:04:13,587 --> 00:04:15,715 And gold buttons on a blue blazer. 66 00:04:16,123 --> 00:04:17,421 Sounds promising. 67 00:04:17,491 --> 00:04:19,983 Just do something before they bulldoze your crime scene. 68 00:04:23,630 --> 00:04:24,893 It's British. 69 00:04:25,165 --> 00:04:27,600 18-carat gold, postwar. 70 00:04:28,435 --> 00:04:31,599 It's a hand-stamped Harris and Townsend. 71 00:04:32,506 --> 00:04:34,498 Pity is, they've gone belly up. 72 00:04:35,642 --> 00:04:39,010 But I think I have something comparable. 73 00:04:44,451 --> 00:04:46,113 $300? 74 00:04:46,186 --> 00:04:47,347 That's more than my suit. 75 00:04:47,420 --> 00:04:50,254 The Harris and Townsend would run a bit more. 76 00:04:50,724 --> 00:04:52,989 Well, what kind of tailors would buy these? 77 00:04:53,059 --> 00:04:55,688 I mean, at these prices, it can't be a very long list. 78 00:04:55,762 --> 00:04:57,025 In the States? 79 00:04:57,964 --> 00:04:58,964 Very few. 80 00:05:00,600 --> 00:05:03,399 They're very elegant. Haven't used them in years. 81 00:05:03,637 --> 00:05:07,039 You know, in the '80s people had a different attitude toward money. 82 00:05:07,107 --> 00:05:08,632 I wouldn't know. I didn't have any. 83 00:05:08,708 --> 00:05:10,643 We're gonna need a list of your customers... 84 00:05:10,710 --> 00:05:13,043 who got blue blazers made with these buttons. 85 00:05:13,113 --> 00:05:14,775 I'm afraid that's confidential. 86 00:05:14,848 --> 00:05:16,612 What are you, a doctor of haberdashery? 87 00:05:16,683 --> 00:05:20,085 I have a select number of very distinguished clients. 88 00:05:20,153 --> 00:05:24,284 Sir, obstructing justice will get you a select number around your neck. 89 00:05:24,758 --> 00:05:26,693 It's a very simple drill, Harry. 90 00:05:26,760 --> 00:05:29,821 You just look in your books, and you give us the names. 91 00:05:37,771 --> 00:05:42,209 In 1987, I ordered 200 buttons for the St. Paul's Youth Choir. 92 00:05:42,843 --> 00:05:45,870 1985, 80 more blazers... 93 00:05:45,946 --> 00:05:48,245 for the Ale and Quail Club. 94 00:05:48,315 --> 00:05:51,513 Cunningham Realtors, for their top 25 brokers... 95 00:05:51,818 --> 00:05:53,616 every Christmas from '82 on. 96 00:05:54,521 --> 00:05:55,521 Realtors. 97 00:05:55,989 --> 00:05:57,855 Good candidates for a shallow grave. 98 00:05:59,326 --> 00:06:03,320 We're moving to Jersey City. Even cut back our bonuses this year. 99 00:06:03,430 --> 00:06:04,557 No more company blazers? 100 00:06:04,631 --> 00:06:07,465 No, we haven't done that since money markets were at 16%. 101 00:06:07,534 --> 00:06:10,834 Well, we would like to get a list of every broker who got one. 102 00:06:10,904 --> 00:06:13,373 Our records are in storage in Weehawken. 103 00:06:14,040 --> 00:06:16,339 Tell me what you need. I'll fill out a request slip... 104 00:06:16,409 --> 00:06:18,087 and you'll have it by the end of next week. 105 00:06:18,111 --> 00:06:21,377 I'm afraid we're going to have to have it by the end of this visit. 106 00:06:22,115 --> 00:06:23,879 Wouldn't know where to start. 107 00:06:23,950 --> 00:06:27,011 Well, it'd be a shame to have to go get a warrant... 108 00:06:27,087 --> 00:06:29,556 come back, and unpack all this neat work. 109 00:06:32,959 --> 00:06:35,952 "Brokers of the Year." 1984... 110 00:06:36,029 --> 00:06:38,726 '83, '82. 111 00:06:39,799 --> 00:06:41,529 Thank you very much, sir. 112 00:06:42,636 --> 00:06:44,127 Last one on my list. 113 00:06:45,171 --> 00:06:48,141 Everyone at Cunningham is present and accounted for. 114 00:06:48,208 --> 00:06:52,543 Yeah, and we can skip the Youth Choir and go right to the Ale and Quail Club. 115 00:06:52,612 --> 00:06:54,911 Or we can put this folder at the bottom of the pile. 116 00:06:54,981 --> 00:06:57,416 What about the women realtors? Didn't they rate blazers? 117 00:06:57,484 --> 00:06:58,782 It was Mr. Bones. 118 00:06:58,852 --> 00:07:00,753 Who maybe got the jacket from his wife. 119 00:07:07,928 --> 00:07:09,920 Yes, that's one of the buttons. 120 00:07:11,464 --> 00:07:14,866 I'm allergic to cashmere, but I gave the buttons to my father. 121 00:07:15,135 --> 00:07:18,105 How long had he been missing? Since '84. 122 00:07:18,538 --> 00:07:21,064 He was murdered. I'm sure you read about it. 123 00:07:26,613 --> 00:07:27,842 Sidney Cohen. 124 00:07:29,282 --> 00:07:30,875 There was a big trial. 125 00:07:30,984 --> 00:07:33,476 They put the son of a bitch away for life. 126 00:07:33,720 --> 00:07:35,746 Yeah, the Wall Street whiz kid... 127 00:07:35,822 --> 00:07:37,662 killed your father over some real estate thing. 128 00:07:37,691 --> 00:07:38,818 What was his name? 129 00:07:38,892 --> 00:07:40,155 Phillip Swann. 130 00:07:41,361 --> 00:07:44,763 They convicted him without the body. That's how guilty he was. 131 00:07:48,068 --> 00:07:49,696 Was he where they said? 132 00:07:50,136 --> 00:07:51,160 In Patterson? 133 00:07:51,237 --> 00:07:54,537 No, he was buried next to some building on Roosevelt Island. 134 00:08:01,614 --> 00:08:03,014 That can't be him. 135 00:08:04,517 --> 00:08:06,418 They had a witness at the trial... 136 00:08:06,486 --> 00:08:09,354 who testified that he helped bury my dad in New Jersey. 137 00:08:09,422 --> 00:08:11,618 Your father have a pin in his knee? 138 00:08:12,625 --> 00:08:13,625 Yeah. 139 00:08:14,294 --> 00:08:15,574 He wrecked it in a car accident. 140 00:08:17,731 --> 00:08:19,097 Trabecula match. 141 00:08:19,232 --> 00:08:21,428 And see the angle of the femur on the corpse? 142 00:08:21,501 --> 00:08:22,628 I'll take your word for it. 143 00:08:22,702 --> 00:08:26,571 It's the same as the picture taken at the time of Mr. Cohen's surgery. 144 00:08:27,440 --> 00:08:29,409 Yeah, well, there's got to be a lot of people... 145 00:08:29,476 --> 00:08:31,468 walking around with pins in their knees, right? 146 00:08:31,544 --> 00:08:35,777 Yeah, but there's also the exact position of the pin in relation to the joint. 147 00:08:36,549 --> 00:08:38,643 I mean, it's not as exact as a fingerprint... 148 00:08:38,718 --> 00:08:41,244 but it's as close as you're gonna get to 100%. 149 00:08:41,321 --> 00:08:44,086 Hey, it looks like we definitely have Sidney Cohen, right? 150 00:08:44,157 --> 00:08:46,353 Yeah? All right. Well, if he's our guy... 151 00:08:46,426 --> 00:08:49,123 Van Buren wants us to bring everything we have to Stone. 152 00:08:49,195 --> 00:08:52,131 He prosecuted this case eight years ago and put Phillip Swann away. 153 00:08:54,501 --> 00:08:56,732 Swann's a pretty dapper-looking fellow. 154 00:08:56,803 --> 00:08:59,272 I bet he gets his prison denims tailored. 155 00:08:59,973 --> 00:09:03,273 Half the people in town were trying to get rich on his junk bonds. 156 00:09:03,343 --> 00:09:06,313 They were lucky they only lost their money. Mr. Cohen lost his life. 157 00:09:06,379 --> 00:09:07,870 What was the motive for the murder? 158 00:09:07,947 --> 00:09:10,178 Swann convinced a bunch of his prep-school buddies... 159 00:09:10,250 --> 00:09:11,616 to invest in a pyramid scheme. 160 00:09:11,684 --> 00:09:13,653 And while Swann was conning his victims... 161 00:09:13,720 --> 00:09:17,020 Mr. Cohen was conning Mr. Swann to the tune of about $1 million. 162 00:09:17,090 --> 00:09:19,582 Yeah, you swim with sharks, bring Band-Aids. 163 00:09:19,659 --> 00:09:21,685 How certain is this identification? 164 00:09:21,761 --> 00:09:25,562 The ME gives it 95%. Well, then, we got a problem. 165 00:09:26,166 --> 00:09:28,931 Swann was convicted on the testimony of an accomplice... 166 00:09:29,002 --> 00:09:31,870 who said that he helped Swann bury Mr. Cohen in New Jersey. 167 00:09:31,938 --> 00:09:33,338 You have Swann's murder weapon? 168 00:09:33,406 --> 00:09:36,774 Have Ballistics match it up against the slug we found in Cohen's skull. 169 00:09:36,843 --> 00:09:40,780 The accomplice also said that Swann killed Cohen by slitting his throat. 170 00:09:44,117 --> 00:09:45,483 You go back, re-examine any case... 171 00:09:45,552 --> 00:09:48,044 there's gonna be lies, and inconsistencies, and contradictions. 172 00:09:48,121 --> 00:09:51,182 Justice isn't perfect. But the bottom line is, Swann was guilty. 173 00:09:51,257 --> 00:09:52,816 How can you be so absolutely sure... 174 00:09:52,892 --> 00:09:55,726 if Bobbitt was your principle witness against Swann? 175 00:09:55,795 --> 00:09:58,196 But I didn't make my case on accomplice testimony alone. 176 00:09:58,264 --> 00:09:59,264 There was other evidence. 177 00:09:59,332 --> 00:10:02,029 Swann bragged about that murder to half the people he knew. 178 00:10:02,102 --> 00:10:03,968 You made the case without the body. 179 00:10:04,037 --> 00:10:06,165 You let us remember that the jury convicted... 180 00:10:06,239 --> 00:10:08,572 on the basis of Russell Bobbitt's testimony... 181 00:10:08,641 --> 00:10:10,576 and he may have perjured himself. 182 00:10:10,643 --> 00:10:13,613 I could have made my case without Bobbitt. Yes, but you didn't. 183 00:10:13,680 --> 00:10:16,309 Is there even a possibility Swann's innocent? 184 00:10:18,351 --> 00:10:19,842 I know Phillip Swann. 185 00:10:19,919 --> 00:10:22,184 He smiled through the entire Q and A. 186 00:10:22,422 --> 00:10:24,618 He was guilty then. He's guilty now. 187 00:10:25,525 --> 00:10:26,959 Have Russell Bobbitt picked up. 188 00:10:27,026 --> 00:10:28,946 At the very least, you may have a perjury charge. 189 00:10:32,899 --> 00:10:34,527 Wonder how much this place will go for. 190 00:10:34,601 --> 00:10:37,901 You mean after they plaster the roaches back in their nests? 191 00:10:38,304 --> 00:10:39,533 Hey, get this. 192 00:10:39,606 --> 00:10:41,700 It's called Le Chanticleer. 193 00:10:42,208 --> 00:10:44,768 "Exclusive living, with stunning views of the city. 194 00:10:44,844 --> 00:10:47,211 "Historic building. Only half a million." 195 00:10:47,480 --> 00:10:48,948 Yeah, I know the historic part. 196 00:10:49,015 --> 00:10:51,883 Five years ago, this was Benny Gonzaga's sweatshop. 197 00:10:52,285 --> 00:10:54,754 Beautiful views, and 50 cents an hour. 198 00:10:55,955 --> 00:10:58,390 Hey, Michelangelo. Russell Bobbitt? 199 00:10:59,025 --> 00:11:00,025 Yeah. 200 00:11:00,326 --> 00:11:01,453 What's this about? 201 00:11:01,528 --> 00:11:03,326 It's about coming downtown. 202 00:11:04,597 --> 00:11:07,123 I don't care if they found the body on the moon... 203 00:11:07,200 --> 00:11:09,032 I know where we put him eight years ago. 204 00:11:09,102 --> 00:11:11,628 But you couldn't lead us to the exact spot. 205 00:11:11,838 --> 00:11:13,568 Swann was driving, not me. 206 00:11:14,841 --> 00:11:16,833 Look, I helped you all I could. 207 00:11:16,943 --> 00:11:19,208 Read the testimony. Everything I know is in there. 208 00:11:19,279 --> 00:11:21,475 You claim Swann slit Cohen's throat. 209 00:11:21,948 --> 00:11:24,179 We know he died of a gunshot to the head. 210 00:11:24,250 --> 00:11:25,980 That's what Swann told me. 211 00:11:26,719 --> 00:11:29,211 He was wrapped in a sheet. I never saw him. 212 00:11:29,489 --> 00:11:31,958 This is exactly the kind of stuff Phillip likes to pull. 213 00:11:32,025 --> 00:11:34,824 Like knocking out Cohen's teeth so he couldn't be identified. 214 00:11:34,894 --> 00:11:37,591 Swann's very mental. He might also be innocent. 215 00:11:37,997 --> 00:11:39,727 So now he's got you going. 216 00:11:40,033 --> 00:11:42,400 I wouldn't be surprised if he planned it that way. 217 00:11:42,468 --> 00:11:44,869 He probably moved the body the next day. 218 00:11:46,573 --> 00:11:48,838 It all came out at the trial, Claire. 219 00:11:48,975 --> 00:11:51,103 Swann told him that he'd knocked his teeth out... 220 00:11:51,177 --> 00:11:53,169 even showed him the hammer that he'd used. 221 00:11:53,246 --> 00:11:55,943 If you had read the transcripts, you'd know that. 222 00:11:56,416 --> 00:11:57,416 I did. 223 00:11:57,784 --> 00:12:00,879 And Bobbitt could have lied just to frame Swann. 224 00:12:00,954 --> 00:12:02,616 Why would Bobbitt incriminate himself... 225 00:12:02,689 --> 00:12:04,715 by revealing details only the killer would know? 226 00:12:04,791 --> 00:12:06,235 Think it through. It doesn't make sense. 227 00:12:06,259 --> 00:12:09,320 Neither does a dead man taking a tram to Roosevelt Island. 228 00:12:10,463 --> 00:12:11,726 Claire, please. Listen to me. 229 00:12:11,798 --> 00:12:14,734 Swann killed an old man. He laughed about it to his rich friends. 230 00:12:14,801 --> 00:12:17,532 He's not only guilty, he's a pathological liar. 231 00:12:17,704 --> 00:12:21,505 He may be a hero to some people, but to me he's a cold-blooded killer. 232 00:12:21,574 --> 00:12:24,100 If he's proven innocent, he will be a hero. 233 00:12:28,248 --> 00:12:29,375 Stone, here. 234 00:12:33,186 --> 00:12:34,779 Yeah, we'll get on it. 235 00:12:35,722 --> 00:12:37,418 I've been served notice. 236 00:12:38,191 --> 00:12:39,602 Swann is contesting the conviction... 237 00:12:39,626 --> 00:12:41,925 on the grounds of newly discovered evidence. 238 00:12:56,743 --> 00:12:57,870 Hello, Ben. 239 00:12:57,977 --> 00:13:00,105 You're looking well. Is this your attorney? 240 00:13:00,179 --> 00:13:02,808 This is my state-appointed paralegal, Michelle Farese. 241 00:13:02,882 --> 00:13:05,818 You must be Claire Kincaid. Phillip Swann. Pleasure to meet you. 242 00:13:05,885 --> 00:13:07,410 Where is your attorney, Mr. Swann? 243 00:13:07,487 --> 00:13:08,887 You're looking at him. I'm pro se. 244 00:13:08,955 --> 00:13:10,866 When I saw your name on the brief, I thought 245 00:13:10,890 --> 00:13:12,517 it might be one of your little jokes. 246 00:13:12,592 --> 00:13:14,060 You didn't think it was well drafted? 247 00:13:14,127 --> 00:13:16,119 No really, come on. Your opinion matters to me. 248 00:13:16,195 --> 00:13:18,221 It's not my opinion that counts. 249 00:13:19,632 --> 00:13:21,225 He was my inspiration. 250 00:13:24,270 --> 00:13:26,501 There being no great legal issue presented here... 251 00:13:26,572 --> 00:13:29,167 I ask only that the Court consider the implications... 252 00:13:29,242 --> 00:13:31,336 of the recently unearthed facts. 253 00:13:31,544 --> 00:13:34,639 These certainly cast doubt on the People's case as a whole. 254 00:13:34,714 --> 00:13:38,378 Mr. Swann, are you asking that the Court reverse your conviction... 255 00:13:38,484 --> 00:13:42,285 and dismiss all charges against you, based on these alleged new facts? 256 00:13:42,355 --> 00:13:43,948 There is authority for this... 257 00:13:44,023 --> 00:13:47,391 and I respectfully refer, Your Honor, to People v. Rodriguez. 258 00:13:48,094 --> 00:13:51,189 A slip opinion referred to on page 27 of Appellant's brief. 259 00:13:51,264 --> 00:13:53,756 I note, too, that the District Attorney... 260 00:13:54,100 --> 00:13:57,195 does not contest the validity of Appellant's factual allegations. 261 00:13:57,270 --> 00:13:58,568 You're not suggesting... 262 00:13:58,638 --> 00:14:01,506 that the District Attorney relied on perjured testimony... 263 00:14:01,574 --> 00:14:05,033 in obtaining your conviction, are you, Counselor? 264 00:14:05,111 --> 00:14:08,343 I must remind Your Honor that I am not a member of the bar. 265 00:14:09,649 --> 00:14:11,675 But in response to Your Honor's inquiry... 266 00:14:11,751 --> 00:14:14,653 I do not know whether Mr. Bobbitt's testimony was the product... 267 00:14:14,721 --> 00:14:16,212 of overzealousness... 268 00:14:16,923 --> 00:14:20,360 or subornation of perjury, but I do know that I am entitled... 269 00:14:20,426 --> 00:14:23,487 to confront that witness in the clear light of the truth. 270 00:14:23,563 --> 00:14:25,862 A right which was denied to me in my first trial. 271 00:14:25,932 --> 00:14:28,299 And if we choose not to dismiss the charges? 272 00:14:28,368 --> 00:14:31,600 In that case, I request the alternative relief... 273 00:14:31,671 --> 00:14:33,799 sought in Appellant's ser-reply brief. 274 00:14:33,873 --> 00:14:35,774 A new trial. A fair trial. 275 00:14:36,876 --> 00:14:39,573 I conclude by paraphrasing Justice Marshall. 276 00:14:40,380 --> 00:14:44,511 Witnesses may either be mistaken, or wickedly intend to deceive. 277 00:14:45,351 --> 00:14:47,286 But circumstances cannot lie. 278 00:14:48,955 --> 00:14:50,583 Thank you, Mr. Swann. 279 00:14:51,457 --> 00:14:54,859 It's so refreshing to see a defendant who isn't overreaching. 280 00:14:58,998 --> 00:15:02,662 And what Mr. Swann describes as new evidence... 281 00:15:02,735 --> 00:15:05,364 is a distortion of the facts adduced at trial. 282 00:15:05,438 --> 00:15:09,398 As such, it doesn't warrant modification of his verdict. 283 00:15:09,942 --> 00:15:14,312 And the testimony that Mr. Swann slit Mr. Cohen's throat... 284 00:15:14,380 --> 00:15:18,374 Wasn't it your own witness who established the means of death, Counselor? 285 00:15:18,918 --> 00:15:22,184 Mr. Bobbitt merely repeated what Mr. Swann had told him. 286 00:15:22,755 --> 00:15:26,851 To penalize the People for something entirely under Mr. Swann's control... 287 00:15:26,926 --> 00:15:29,395 is to reward the Appellant for having lied. 288 00:15:29,462 --> 00:15:33,661 Surely, Mr. Stone, you don't suggest that Mr. Bobbitt was mistaken... 289 00:15:33,733 --> 00:15:36,703 about the very state in which the cadaver was buried? 290 00:15:36,803 --> 00:15:39,238 It is most likely that the body was moved... 291 00:15:39,305 --> 00:15:41,103 subsequent to being buried in New Jersey. 292 00:15:41,174 --> 00:15:42,540 But not certain. 293 00:15:42,975 --> 00:15:46,241 Isn't this just the sort of thing a new trial would ascertain? 294 00:15:46,312 --> 00:15:49,874 A discrepancy of that nature is not sufficient... 295 00:15:50,249 --> 00:15:54,050 to warrant a directed verdict of acquittal, and that's the standard... 296 00:15:54,720 --> 00:15:58,157 this court must apply, pursuant to People v. Serrotti. Thank you. 297 00:16:26,385 --> 00:16:27,385 He won. 298 00:16:28,421 --> 00:16:30,322 They granted him a new trial. 299 00:16:32,558 --> 00:16:33,719 Well. 300 00:16:36,229 --> 00:16:38,323 We'll have to round up... 301 00:16:38,998 --> 00:16:41,126 all the witnesses from the previous trial. 302 00:16:42,435 --> 00:16:45,769 We'll start with his prep-school cronies first. 303 00:16:46,806 --> 00:16:49,469 It's been eight years. People move out of state. 304 00:16:49,542 --> 00:16:51,841 Well, they were Wall Street junkies... 305 00:16:53,012 --> 00:16:54,378 so they'll be where the money is. 306 00:17:03,222 --> 00:17:06,420 Swann could walk into a room, pitch an idea to 20 guys in suits... 307 00:17:06,492 --> 00:17:08,518 and walk out with 20 checks. 308 00:17:09,061 --> 00:17:10,188 It was a gift. 309 00:17:10,263 --> 00:17:12,425 So he worked his magic on you, huh? 310 00:17:13,165 --> 00:17:14,463 He got me into commodities. 311 00:17:14,534 --> 00:17:16,654 You mean he got your old man's money into commodities. 312 00:17:16,702 --> 00:17:18,295 My dad's, mine. Who cared? 313 00:17:18,771 --> 00:17:21,104 Until I saw the entire $200,000 circling the bowl. 314 00:17:21,173 --> 00:17:22,971 Then I absolutely panicked. 315 00:17:23,209 --> 00:17:27,010 But Phil gave me a hug and started faking account statements. 316 00:17:27,079 --> 00:17:29,344 So much for the old-boy network, huh? 317 00:17:29,815 --> 00:17:32,046 Not quite. We were just getting nervous. 318 00:17:32,118 --> 00:17:34,485 But not all of our investors had the stomach for it. 319 00:17:34,554 --> 00:17:38,013 Then Sid Cohen showed up? He had some quick-paced real estate deals. 320 00:17:38,090 --> 00:17:40,202 Buy condemned property, get a low-interest HUD loan... 321 00:17:40,226 --> 00:17:43,196 on prospective value, make 200% on your money. 322 00:17:43,262 --> 00:17:45,390 How can anybody be unhappy with that? 323 00:17:45,464 --> 00:17:47,592 Cohen took us for nearly $1 million. 324 00:17:47,667 --> 00:17:50,330 We couldn't pay our secretaries. Our investors are at the gates... 325 00:17:50,403 --> 00:17:52,895 and we couldn't get anything out of Cohen. 326 00:17:53,105 --> 00:17:54,767 But Swann was cool. 327 00:17:55,474 --> 00:17:57,340 He promised to get our money back. 328 00:17:57,410 --> 00:17:58,844 Where did Bobbitt fit in? 329 00:17:58,911 --> 00:18:01,813 Simple. He was poor. Swann offered to make him rich. 330 00:18:01,948 --> 00:18:04,440 And it only cost him his mother's pension. 331 00:18:06,385 --> 00:18:10,117 Ninth grade, Penton Academy, Phil was already practicing his moves. 332 00:18:11,657 --> 00:18:14,525 Back then it was $10 shares in a gold mine. 333 00:18:15,628 --> 00:18:18,496 He made you feel lucky you got in on the ground floor. 334 00:18:18,564 --> 00:18:21,728 Yeah, except the elevator was headed toward the basement. 335 00:18:21,934 --> 00:18:25,564 Phil gave us a bottle of cheap champagne. We ended up feeling sorry for him. 336 00:18:25,638 --> 00:18:28,665 So, what, 12 years later it was forgive and forget? 337 00:18:28,841 --> 00:18:32,437 Phil was selling blue skies. We were greedy enough to believe him. 338 00:18:33,112 --> 00:18:34,603 It's water under the bridge now. 339 00:18:34,680 --> 00:18:39,015 Well, I hope you like flashbacks, Mr. Ross, because Swann's getting a new trial. 340 00:18:40,186 --> 00:18:42,052 What does it take, a silver bullet? 341 00:18:42,121 --> 00:18:44,090 You'll get another shot at him. 342 00:18:44,156 --> 00:18:46,182 I'd rather not go through it again. 343 00:18:46,559 --> 00:18:49,256 I'm over my anger. Well, hey, good for you. 344 00:18:49,595 --> 00:18:51,791 But Mr. Cohen's not over being dead. 345 00:18:53,099 --> 00:18:55,830 It's on us. The D.A. will be in touch, Mr. Ross. 346 00:19:01,173 --> 00:19:03,454 Swann takes them to the cleaners, and all they can say is: 347 00:19:03,509 --> 00:19:05,102 "Thanks for the starch." 348 00:19:05,177 --> 00:19:07,271 I had a girlfriend once. Katerina. 349 00:19:08,080 --> 00:19:10,413 In two months, she took me through hell in a hand basket... 350 00:19:10,483 --> 00:19:12,111 but it was a lovely ride. 351 00:19:12,184 --> 00:19:15,484 And if she called tonight? I'd be waiting at the curb. 352 00:19:18,491 --> 00:19:20,050 Two of the witnesses are living abroad. 353 00:19:20,126 --> 00:19:23,119 One's got cold feet, and the other's dropped out of sight. 354 00:19:23,195 --> 00:19:24,993 Well, that's just terrific. 355 00:19:25,297 --> 00:19:28,665 You're left with one witness, maybe a perjurer... 356 00:19:29,235 --> 00:19:31,704 and the other one who has the moral backbone of a pretzel. 357 00:19:31,771 --> 00:19:34,036 It doesn't matter. Swann killed Cohen. 358 00:19:34,507 --> 00:19:36,169 We ran his name through the system. 359 00:19:36,242 --> 00:19:38,837 There's a .22 registered in his name in New Jersey. 360 00:19:38,911 --> 00:19:40,641 And where is that gun now? 361 00:19:40,880 --> 00:19:42,906 All this evidence, 10 years old. 362 00:19:42,982 --> 00:19:44,848 Actually, some if it's quite a bit older. 363 00:19:44,917 --> 00:19:48,046 I talked to Forensics. They found lava dust caked on Cohen's remains. 364 00:19:48,120 --> 00:19:51,386 Which means the body was buried where Bobbitt said it was, and then moved. 365 00:19:51,457 --> 00:19:53,050 But not necessarily by Swann. 366 00:19:53,125 --> 00:19:55,492 Of course it was by Swann. It makes perfect sense. 367 00:19:55,561 --> 00:19:57,928 He never thought we'd get a conviction without the body. 368 00:19:57,997 --> 00:20:01,764 The final irony. Body gets found, and he gets off. 369 00:20:01,834 --> 00:20:03,268 He dug the body up. He moved it. 370 00:20:03,335 --> 00:20:05,236 There's probably dirt in the trunk of his car. 371 00:20:05,304 --> 00:20:06,704 A car that he owned eight years ago. 372 00:20:06,772 --> 00:20:09,833 A Mercedes 500. We traced it to a woman in Connecticut. 373 00:20:11,043 --> 00:20:14,036 All right, get a warrant, a pair of tweezers, and good luck. 374 00:20:18,851 --> 00:20:22,015 An amazing assortment of specimens can accumulate in eight years. 375 00:20:22,088 --> 00:20:25,923 Sand from two local beaches, bits of pubic hair, human detritus. 376 00:20:25,991 --> 00:20:29,155 Mostly exfoliated skin, and the parasites that feed on it. 377 00:20:29,428 --> 00:20:33,024 You see these shiny microflakes? That's schist from the Ordovician Period. 378 00:20:33,099 --> 00:20:35,261 Very typical of the Manhattan area. 379 00:20:35,434 --> 00:20:38,427 But this other sample from the car, that's very exciting. 380 00:20:38,504 --> 00:20:39,504 Look. 381 00:20:39,605 --> 00:20:43,098 The brown coating, that's iron oxide, characteristic of lava. 382 00:20:43,509 --> 00:20:46,138 So the dirt from the trunk matches the dirt from the body. 383 00:20:46,212 --> 00:20:48,340 I'm almost 100% sure of it. 384 00:20:48,414 --> 00:20:50,374 But you might want to have a geologist back me up. 385 00:20:52,685 --> 00:20:54,916 Make sure your experts speak English. 386 00:20:54,987 --> 00:20:58,754 Don't give the jury a bunch of volcano this and Stone Age that. 387 00:20:58,824 --> 00:21:00,520 That's not what I'm worried about, Adam. 388 00:21:00,593 --> 00:21:03,722 Russell Bobbitt's testimony can be easily supported by the evidence. 389 00:21:03,796 --> 00:21:06,265 Yeah, well, we can be thankful... 390 00:21:06,665 --> 00:21:09,533 that Swann is arrogant enough to represent himself. 391 00:21:09,668 --> 00:21:12,797 He dug himself out of prison, got himself to a new trial. 392 00:21:13,539 --> 00:21:15,701 Merely writing briefs is one thing. 393 00:21:16,008 --> 00:21:19,206 Rough and tumble of a court trial will set him back on his heels. 394 00:21:19,278 --> 00:21:21,372 Ben. Russell Bobbitt's gone. 395 00:21:21,881 --> 00:21:25,318 He put a one-way ticket to the Bahamas on his charge card, and disappeared. 396 00:21:30,289 --> 00:21:34,090 Your Honor, the state is suddenly unable to produce our prime witness. 397 00:21:34,393 --> 00:21:37,659 So we request a short postponement to commencing the trial. 398 00:21:37,897 --> 00:21:39,627 Why? Is Mr. Bobbitt sick? 399 00:21:40,032 --> 00:21:42,661 We have evidence that he may have left the country... 400 00:21:42,735 --> 00:21:44,567 but I have my doubts about that. 401 00:21:44,637 --> 00:21:46,401 You mean, he packed up his trunk of lies... 402 00:21:46,472 --> 00:21:49,271 and took the first plane out of the jurisdiction. 403 00:21:51,076 --> 00:21:54,012 Now, you give us a month, Your Honor, and we'll find out precisely... 404 00:21:54,079 --> 00:21:55,411 what happened to Mr. Bobbitt. 405 00:21:55,481 --> 00:21:57,025 Well, with all due respect, Judge... 406 00:21:57,049 --> 00:22:00,076 I've been sitting in a cell unjustly for eight years. 407 00:22:01,253 --> 00:22:03,154 To me, a month's like a year. 408 00:22:05,324 --> 00:22:06,622 I'm sorry, Ben. 409 00:22:06,826 --> 00:22:09,660 If Mr. Bobbitt doesn't appear, you'll have to make do with reading... 410 00:22:09,728 --> 00:22:11,606 his testimony from the first trial into evidence. 411 00:22:11,630 --> 00:22:12,774 Well, excuse me, Your Honor. 412 00:22:12,798 --> 00:22:15,290 My retrial was granted on the basis of new evidence... 413 00:22:15,367 --> 00:22:18,394 which completely contradicts Mr. Bobbitt's prior testimony. 414 00:22:18,470 --> 00:22:21,304 The jury is entitled to determine credibility, Your Honor. 415 00:22:21,373 --> 00:22:24,639 But how can I discredit him, if I can't cross-examine him? 416 00:22:25,411 --> 00:22:26,621 And the Constitution gives me... 417 00:22:26,645 --> 00:22:28,910 the right to confront all witnesses against me. 418 00:22:32,451 --> 00:22:33,451 He's right. 419 00:22:33,552 --> 00:22:35,163 Unless the State can produce the witness... 420 00:22:35,187 --> 00:22:37,315 his story'll never be heard in my courtroom. 421 00:22:37,990 --> 00:22:40,152 They say you don't really understand the law... 422 00:22:40,226 --> 00:22:42,718 unless you spend a couple of years behind bars. 423 00:22:42,795 --> 00:22:45,355 Well, he's certainly enjoying the publicity. 424 00:22:45,898 --> 00:22:49,994 He didn't raise millions of dollars without knowing how to play an audience. 425 00:22:50,269 --> 00:22:53,171 Whatever he lacks in morals, he's got double in ego. 426 00:22:53,339 --> 00:22:55,069 Well, then, let's use it. 427 00:22:55,474 --> 00:22:57,909 You think you're great, you're not gonna keep it a secret. 428 00:22:57,977 --> 00:23:01,311 And he spent the last eight years in some very close quarters. 429 00:23:04,450 --> 00:23:05,474 Innocent? 430 00:23:06,719 --> 00:23:09,746 Sure, he's innocent. Nobody in here never did nothing. 431 00:23:11,156 --> 00:23:13,887 Only Swann is about to get a chance to prove it. 432 00:23:14,727 --> 00:23:17,993 And he swears he's got you guys spinning in your tracks. 433 00:23:19,164 --> 00:23:21,861 Did he ever talk to you about his first trial? 434 00:23:23,736 --> 00:23:24,863 You know... 435 00:23:25,704 --> 00:23:28,173 living in here, my memory gets awful bad. 436 00:23:28,607 --> 00:23:31,771 I don't have time to play games, Mr. Doyle. Well, I do. 437 00:23:32,411 --> 00:23:35,108 Four years, to be exact. We can make it five. 438 00:23:35,481 --> 00:23:37,259 You don't testify, I'll cite you for contempt. 439 00:23:37,283 --> 00:23:38,751 And I'll say I don't know anything. 440 00:23:38,817 --> 00:23:40,342 Perjury. Make it six. 441 00:23:45,791 --> 00:23:46,791 Okay. 442 00:23:47,660 --> 00:23:49,253 But I want a transfer. 443 00:23:49,895 --> 00:23:53,764 Around here, guys with good memories don't win any popularity contests. 444 00:23:58,637 --> 00:24:01,573 Phil had some money with Sid Cohen. A real estate deal. 445 00:24:01,640 --> 00:24:04,371 But when Phil went to see him, there was nothing left. 446 00:24:04,443 --> 00:24:06,878 Did Mr. Cohen offer any explanation for that? 447 00:24:06,946 --> 00:24:08,312 Phil got very nasty. 448 00:24:08,380 --> 00:24:11,009 But Cohen said he was broke, he'd lost it all. 449 00:24:11,183 --> 00:24:13,277 What did Mr. Swann do about that? 450 00:24:13,719 --> 00:24:15,483 Phil was very meticulous. 451 00:24:15,888 --> 00:24:18,517 Every day, he made a list. "Things to do today." 452 00:24:19,391 --> 00:24:21,383 One day he showed me his list. 453 00:24:25,130 --> 00:24:26,496 Is this the list? 454 00:24:27,733 --> 00:24:29,258 Yes. Please read it. 455 00:24:31,036 --> 00:24:32,698 "7:00 a.m.: Breakfast with Donny. 456 00:24:32,771 --> 00:24:35,935 "9:00 a.m.: Conference with Moore and Black, our attorneys. 457 00:24:36,008 --> 00:24:37,806 "12:30 p.m.: Lunch with Chip. 458 00:24:38,143 --> 00:24:40,169 "4:00 p.m.: Shoe shine. - 00 p.m.: 459 00:24:40,980 --> 00:24:42,346 "Kill Sid Cohen." 460 00:24:48,253 --> 00:24:50,347 Entered as People's Exhibit 5. 461 00:24:55,661 --> 00:24:59,598 Do you mean to say that you actually took that entry in my diary seriously? 462 00:24:59,965 --> 00:25:01,695 You were desperate, Phil. 463 00:25:01,900 --> 00:25:04,734 So can I assume you called the police immediately? 464 00:25:07,172 --> 00:25:08,172 No. 465 00:25:08,907 --> 00:25:10,808 Tell me, Chip, did my list... 466 00:25:11,310 --> 00:25:14,303 say how I was planning to kill Mr. Cohen? 467 00:25:14,847 --> 00:25:17,544 No. But I knew you had a .22. 468 00:25:17,916 --> 00:25:20,181 You said all you had to do was bury him in New Jersey... 469 00:25:20,252 --> 00:25:22,721 and nobody would ever know he was missing. 470 00:25:23,622 --> 00:25:26,854 Well, I guess I wasn't as meticulous as you thought, Chip. 471 00:25:27,459 --> 00:25:28,893 If I were... 472 00:25:28,961 --> 00:25:33,763 I certainly would have had my shoes shined after I buried poor Mr. Cohen, not before. 473 00:25:36,635 --> 00:25:39,230 I shared a cell with the defendant for almost four years. 474 00:25:39,304 --> 00:25:42,570 He was always talking about what a hotshot he is, you know. 475 00:25:42,941 --> 00:25:45,376 Mercedes Benz, Rolex... 476 00:25:45,677 --> 00:25:48,806 breakfast in Paris, lunch in Rome. That kind of crap. 477 00:25:49,381 --> 00:25:52,010 Did Mr. Swann ever mention the name Sid Cohen? 478 00:25:52,184 --> 00:25:54,210 That's the guy he killed, right? 479 00:25:54,920 --> 00:25:56,752 He was real proud of that one, too. 480 00:25:57,256 --> 00:25:59,782 What did Mr. Swann tell you about Mr. Cohen? 481 00:26:00,159 --> 00:26:02,287 He said the guy tried to screw him on a deal... 482 00:26:02,361 --> 00:26:05,820 so he had to take care of business. You know what I mean? 483 00:26:06,665 --> 00:26:08,793 Would you please be more specific. 484 00:26:09,201 --> 00:26:10,692 Bullet in the brain. 485 00:26:11,003 --> 00:26:14,770 Then Swann and his buddy, think he said the guy's name was Bobbitt... 486 00:26:15,574 --> 00:26:17,304 dumped the body in Jersey. 487 00:26:17,976 --> 00:26:20,946 Swann didn't think Bobbitt could take the heat, so to cover his butt... 488 00:26:21,013 --> 00:26:23,881 he moved the body somewhere on Roosevelt Island. 489 00:26:24,583 --> 00:26:26,484 That way, if Bobbitt broke... 490 00:26:27,586 --> 00:26:30,078 no one would believe him without the body. 491 00:26:31,023 --> 00:26:32,116 It's a good plan. 492 00:26:34,259 --> 00:26:35,420 Didn't work. 493 00:26:40,599 --> 00:26:42,067 Billy, Billy, Billy. 494 00:26:43,469 --> 00:26:45,165 You ought to be ashamed. 495 00:26:45,437 --> 00:26:46,928 Question, Mr. Swann? 496 00:26:48,674 --> 00:26:50,108 Of course, Your Honor. 497 00:26:50,175 --> 00:26:53,737 Tell me, Billy, where were you living before we became roommates? 498 00:26:54,279 --> 00:26:56,214 Binghamton. And before that? 499 00:26:58,684 --> 00:27:00,050 Vancourt, Texas. 500 00:27:00,385 --> 00:27:03,514 What, did you own a condo, or did you just rent? 501 00:27:04,523 --> 00:27:06,151 I was incarcerated. 502 00:27:06,225 --> 00:27:07,249 Irrelevant, Your Honor. 503 00:27:07,326 --> 00:27:10,421 Well, certainly I'm allowed to question Mr. Doyle's credibility. 504 00:27:10,496 --> 00:27:11,496 Continue. 505 00:27:12,664 --> 00:27:14,656 Tell me, Billy, while you were in Vancourt... 506 00:27:14,733 --> 00:27:17,862 did you have occasion to testify in a court proceeding? 507 00:27:19,938 --> 00:27:20,938 Yeah. 508 00:27:21,907 --> 00:27:23,637 Under what circumstances? 509 00:27:26,178 --> 00:27:28,477 I cut a deal with the D.A. down there. 510 00:27:28,847 --> 00:27:29,871 A deal? 511 00:27:30,415 --> 00:27:33,249 To testify against a fellow inmate in county jail? 512 00:27:35,420 --> 00:27:36,649 That's right. 513 00:27:36,855 --> 00:27:40,724 Isn't it true that your testimony in that case proved to be perjurious? 514 00:27:43,862 --> 00:27:45,091 So they said. 515 00:27:46,765 --> 00:27:48,290 So they wrote, Billy. 516 00:27:49,701 --> 00:27:52,227 I enter Defense Exhibit 17, an affidavit... 517 00:27:52,304 --> 00:27:56,469 from the Sterling County District Attorney, attesting to Mr. Doyle's perjury. 518 00:27:58,177 --> 00:27:59,177 Billy... 519 00:28:00,679 --> 00:28:02,204 don't you ever learn? 520 00:28:08,387 --> 00:28:12,916 First day of law school: Known perjurers do not make good witnesses. 521 00:28:13,225 --> 00:28:15,387 How could I know what happened in Vancourt, Texas? 522 00:28:15,460 --> 00:28:17,395 Swann was privy to prison gossip. 523 00:28:17,462 --> 00:28:18,828 He researched it. 524 00:28:19,298 --> 00:28:20,823 You may be right about Swann. 525 00:28:20,899 --> 00:28:22,800 The papers are turning him into a folk hero. 526 00:28:22,868 --> 00:28:25,599 When he gets acquitted, I might offer him a job. 527 00:28:25,971 --> 00:28:27,337 You try dealing with him? 528 00:28:27,406 --> 00:28:30,638 Adam, if you want me to plea him, you take me off the case. 529 00:28:31,143 --> 00:28:32,441 Don't tempt me. 530 00:28:35,847 --> 00:28:38,146 Of course I was angry at Sid Cohen... 531 00:28:38,450 --> 00:28:40,749 but I was also angry at my investors. 532 00:28:40,919 --> 00:28:42,649 I made them a lot of money... 533 00:28:42,721 --> 00:28:45,088 and they all ran away with their tails between their legs... 534 00:28:45,157 --> 00:28:46,853 just because of a little setback. 535 00:28:46,925 --> 00:28:48,393 But I didn't kill them... 536 00:28:48,460 --> 00:28:50,292 and I didn't kill Sid Cohen. 537 00:28:51,730 --> 00:28:52,730 I'm a businessman. 538 00:28:52,798 --> 00:28:56,064 I knew if everyone just sat still, everything would be okay. 539 00:28:57,603 --> 00:29:00,095 Possibly the extent of that panic... 540 00:29:01,139 --> 00:29:03,574 drove someone to kill Sid Cohen. 541 00:29:04,443 --> 00:29:06,742 Possibly there were other deals with other individuals... 542 00:29:06,812 --> 00:29:08,804 Objection, Your Honor. Conjecture. 543 00:29:08,880 --> 00:29:10,280 I'm sorry, Your Honor. 544 00:29:10,415 --> 00:29:13,852 Bottom line is Sid Cohen may be dead now. 545 00:29:15,487 --> 00:29:16,614 But I swear... 546 00:29:17,456 --> 00:29:18,754 he was alive... 547 00:29:18,857 --> 00:29:22,919 and getting a suntan in Barbados when I was first convicted of killing him. 548 00:29:23,061 --> 00:29:24,962 Cross-examination, Mr. Stone. 549 00:29:25,163 --> 00:29:27,792 Mr. Swann, do you routinely list... 550 00:29:27,866 --> 00:29:30,495 killing people as part of your daily calendar? 551 00:29:31,703 --> 00:29:34,537 Mr. Stone, do you routinely lack a sense of humor? 552 00:29:36,441 --> 00:29:38,342 About murder I have none, sir. 553 00:29:42,147 --> 00:29:43,945 There's a question pending. 554 00:29:46,385 --> 00:29:48,752 Well, we were kids. It was a joke. 555 00:29:50,122 --> 00:29:52,182 If I really planned on murdering Mr. Cohen... 556 00:29:52,257 --> 00:29:54,783 I don't think I'd announce it to the world. 557 00:29:55,027 --> 00:29:58,259 As Mr. Rafferty said, I am meticulous. 558 00:29:59,798 --> 00:30:02,063 Well, if you didn't kill Mr. Cohen... 559 00:30:02,401 --> 00:30:06,031 how do you explain dirt from Patterson, New Jersey... 560 00:30:06,471 --> 00:30:08,167 found on the trunk of your car? 561 00:30:08,240 --> 00:30:11,039 Well, eight years ago, I had a nine handicap. 562 00:30:11,543 --> 00:30:14,843 I played golf three times a week at the Apple Ridge Country Club. 563 00:30:14,913 --> 00:30:16,677 That's in northern New Jersey. 564 00:30:16,748 --> 00:30:20,150 I guess I over-tipped my caddy. He must not have cleaned my shoes very well... 565 00:30:20,218 --> 00:30:22,244 before he slipped them in the back of my trunk. 566 00:30:22,321 --> 00:30:24,586 Then can you explain how the same dirt... 567 00:30:24,656 --> 00:30:27,717 from your golf cleats was found on Mr. Cohen's body? 568 00:30:27,793 --> 00:30:30,957 Well, I haven't dedicated my life to the study of dirt... 569 00:30:31,096 --> 00:30:32,724 but I... No, I did read somewhere... 570 00:30:32,798 --> 00:30:35,666 that lava rock was used to build roads in the city. 571 00:30:35,934 --> 00:30:38,335 Maybe it was trucked in from New Jersey. 572 00:30:39,004 --> 00:30:40,836 I don't know. I'm no expert. 573 00:30:44,643 --> 00:30:46,373 Anything else, Mr. Stone? 574 00:30:48,413 --> 00:30:49,437 No, Your Honor. 575 00:30:51,016 --> 00:30:53,042 Piece by piece, Swann got rid of our evidence. 576 00:30:53,118 --> 00:30:54,929 Then he cast a reasonable doubt on what's left. 577 00:30:54,953 --> 00:30:56,251 Reasonable doubt in whose mind? 578 00:30:56,321 --> 00:30:59,450 The man is guilty, and that jury's lining up to shake his hand. 579 00:30:59,524 --> 00:31:01,015 Then call Judge Callahan... 580 00:31:01,093 --> 00:31:03,460 and tell him you'll be delivering your concession speech... 581 00:31:03,528 --> 00:31:05,019 instead of a summation. 582 00:31:05,097 --> 00:31:07,225 Now, listen, I expect you to come up with something. 583 00:31:07,299 --> 00:31:08,961 Unless you're ready to admit... 584 00:31:09,034 --> 00:31:10,832 that you've been out-lawyered by an amateur. 585 00:31:20,078 --> 00:31:21,239 Eight years... 586 00:31:23,749 --> 00:31:27,208 96 months, 2,920 days. 587 00:31:29,521 --> 00:31:31,490 Now that is how much time I've spent in prison... 588 00:31:31,556 --> 00:31:35,721 for killing a man the State didn't even know was dead until a few months ago. 589 00:31:36,995 --> 00:31:40,454 Now, first, they convicted me of cutting Sid Cohen's throat... 590 00:31:40,532 --> 00:31:43,058 when he was, in fact, killed by a bullet in the brain. 591 00:31:43,135 --> 00:31:45,661 And they claimed I buried him in New Jersey. 592 00:31:45,804 --> 00:31:47,898 He was found on Roosevelt Island. 593 00:31:48,807 --> 00:31:50,901 And what do they offer for proof? 594 00:31:51,977 --> 00:31:53,445 Perjured testimony. 595 00:31:54,579 --> 00:31:56,207 Now, in the real world... 596 00:31:56,281 --> 00:32:00,309 the community sleeps better if somebody is put in jail. 597 00:32:00,385 --> 00:32:03,219 And in the real world, prosecutors get promoted... 598 00:32:04,489 --> 00:32:06,185 if they get convictions. 599 00:32:07,092 --> 00:32:10,688 And in the real world, the world assumes that if you're charged... 600 00:32:12,164 --> 00:32:13,632 you must be guilty. 601 00:32:16,468 --> 00:32:18,596 Now, it's assumptions like that... 602 00:32:19,638 --> 00:32:21,266 that took away my life. 603 00:32:25,177 --> 00:32:27,271 So let me have what's left of it. 604 00:32:31,283 --> 00:32:34,412 Phillip Swann cuts a pretty romantic figure, doesn't he? 605 00:32:35,821 --> 00:32:39,053 He's the charming, high-stakes hustler... 606 00:32:39,791 --> 00:32:41,783 and a very personable genius... 607 00:32:42,093 --> 00:32:44,289 who likes to pick the pockets of his wealthier friends. 608 00:32:44,362 --> 00:32:47,093 So he's kind of the bad guy that we really love... 609 00:32:47,766 --> 00:32:49,291 and we secretly envy. 610 00:32:50,268 --> 00:32:54,137 But behind that very entertaining facade lies one cold, very ugly fact. 611 00:32:54,906 --> 00:32:58,468 Phillip Swann put a bullet into the skull of an unarmed old man... 612 00:32:58,543 --> 00:33:01,445 and he did it as just one more chore to do that day. 613 00:33:01,880 --> 00:33:05,339 Now that's a side of Phillip Swann he'd rather you didn't see. 614 00:33:06,184 --> 00:33:09,086 It means that he is not the boy genius of Wall Street... 615 00:33:09,154 --> 00:33:10,588 but just an inept swindler... 616 00:33:10,655 --> 00:33:13,750 who got beaten at his own game by Sid Cohen. 617 00:33:15,327 --> 00:33:18,161 Obviously, Phillip Swann desperately wants the acceptance... 618 00:33:18,230 --> 00:33:21,428 of his wealthy friends and the financial world... 619 00:33:21,500 --> 00:33:24,868 and now he wants you to embrace him. 620 00:33:29,774 --> 00:33:31,140 Don't be seduced. 621 00:33:31,643 --> 00:33:33,168 Beware of that man. 622 00:33:35,413 --> 00:33:37,541 Behind the smiles and the jokes... 623 00:33:38,717 --> 00:33:42,518 is the monster that put a bullet in Sid Cohen's brain. 624 00:33:49,027 --> 00:33:51,189 Will the defendant please rise? 625 00:33:52,030 --> 00:33:55,626 On the sole count of the indictment, murder in the second degree... 626 00:33:55,700 --> 00:33:57,066 how do you find? 627 00:33:57,969 --> 00:34:00,529 We find the defendant not guilty, Your Honor. 628 00:34:18,857 --> 00:34:21,258 Phillip Swann threw an acquittal party at 21. 629 00:34:21,326 --> 00:34:24,490 Eight years in prison, I'm surprised he didn't throw a ticker-tape parade. 630 00:34:24,563 --> 00:34:25,929 It's premature. 631 00:34:25,997 --> 00:34:28,865 Swann may not have a law degree, but my guess is... 632 00:34:29,868 --> 00:34:31,708 that he's well-acquainted with double jeopardy. 633 00:34:31,736 --> 00:34:34,797 I'm not talking about Cohen's murder. I'm talking about Russell Bobbitt. 634 00:34:34,873 --> 00:34:36,034 You think Swann got to him? 635 00:34:36,107 --> 00:34:38,227 If he bribed Bobbitt, that's tampering with a witness. 636 00:34:38,276 --> 00:34:39,869 It's hindering a prosecution. 637 00:34:39,945 --> 00:34:41,675 Bribed Bobbitt with what? 638 00:34:41,980 --> 00:34:45,212 He's been in jail, bankrupt for the past eight years. 639 00:34:46,351 --> 00:34:47,375 Yes? 640 00:34:49,220 --> 00:34:50,313 Ben Stone. 641 00:35:13,445 --> 00:35:17,109 Swann's suing the State and Ben, personally, for $10 million. 642 00:35:18,283 --> 00:35:21,481 Everything from malicious prosecution to civil rights violations. 643 00:35:29,327 --> 00:35:32,786 Just got off the phone with Smythe, Attorney General's Office. 644 00:35:33,164 --> 00:35:36,430 He tells me there's an ugly rumor going around Court Street... 645 00:35:36,501 --> 00:35:38,629 that you're representing yourself. 646 00:35:38,770 --> 00:35:40,466 I know the case better than anyone. 647 00:35:40,538 --> 00:35:43,098 The last time you set foot in civil court... 648 00:35:43,441 --> 00:35:45,910 was 20 years ago when you were sworn in. 649 00:35:45,977 --> 00:35:47,054 You don't think I can do it? 650 00:35:47,078 --> 00:35:50,708 When Clarence Darrow went into a courtroom as a defendant... 651 00:35:50,782 --> 00:35:52,444 he wasn't fool enough to go it alone. 652 00:35:52,517 --> 00:35:54,611 My immediate concerns are not with Clarence Darrow... 653 00:35:54,686 --> 00:35:56,814 I don't give a damn about your concerns. 654 00:35:56,888 --> 00:35:59,153 Liability here is joint and several. 655 00:36:00,392 --> 00:36:02,327 You lose, you ruin me and this office. 656 00:36:02,394 --> 00:36:05,831 I can live without this job, sir. There are some things I cannot live without. 657 00:36:05,897 --> 00:36:08,594 Your ego. Mr. Schiff, if a man who lies... 658 00:36:08,667 --> 00:36:11,136 can go pro se and win, and a man who tells the truth can't... 659 00:36:11,202 --> 00:36:12,761 I don't want to be in this anymore. 660 00:36:12,837 --> 00:36:14,738 Yeah, well, that's just great. 661 00:36:15,173 --> 00:36:18,701 And this little son of a bitch could take your car, your condo... 662 00:36:19,077 --> 00:36:21,672 and your closetful of blue suits. Not if I win. 663 00:36:21,746 --> 00:36:23,942 Well, nothing would make me happier. 664 00:36:28,787 --> 00:36:30,153 I can come back. 665 00:36:31,690 --> 00:36:33,158 No, it's all right. 666 00:36:34,292 --> 00:36:36,818 Well, I have bad news and good news. 667 00:36:37,462 --> 00:36:39,431 Last month, in Buckley v. Fitzsimmons... 668 00:36:39,497 --> 00:36:40,574 the Supreme Court took away... 669 00:36:40,598 --> 00:36:42,499 a prosecutor's absolute immunity. 670 00:36:43,101 --> 00:36:45,969 The good news, it doesn't appear to be retroactive. 671 00:36:46,337 --> 00:36:47,862 Looks like time is on your side. 672 00:36:47,939 --> 00:36:51,501 Unfortunately, Mr. Swann is claiming that the alleged malfeasance... 673 00:36:51,576 --> 00:36:54,341 continues right up to his acquittal in the second trial. 674 00:36:54,412 --> 00:36:55,812 That's ridiculous. 675 00:36:56,147 --> 00:36:58,981 I know. But it would take an appeal to prove that. 676 00:36:59,984 --> 00:37:02,852 Claire, you don't have to do this. It's my problem. 677 00:37:03,088 --> 00:37:04,147 But it's on my own time. 678 00:37:12,997 --> 00:37:17,401 Mr. Stone, referring to Schedule A of your 1984 federal return... 679 00:37:17,469 --> 00:37:19,131 which has been marked Plaintiff's 71... 680 00:37:19,204 --> 00:37:21,105 Haven't you wasted enough time? 681 00:37:21,172 --> 00:37:23,471 What's an ancient tax return got to do with this case? 682 00:37:23,541 --> 00:37:27,103 We both stipulated to waive all objections except as to form, Counselor. 683 00:37:27,178 --> 00:37:29,943 Your questions have to have at least the appearance of relevance. 684 00:37:30,014 --> 00:37:33,883 This is a deposition, not a trial. We both know everything's fair game. 685 00:37:34,319 --> 00:37:35,930 You wouldn't be trying to take advantage... 686 00:37:35,954 --> 00:37:37,665 of my lack of formal training, now would you? 687 00:37:37,689 --> 00:37:41,091 I am trying to get out of here before the turn of the century. 688 00:37:41,693 --> 00:37:43,685 Now, about that deduction, Ben. 689 00:37:43,995 --> 00:37:46,276 You should have gotten yourself a better divorce attorney. 690 00:37:46,331 --> 00:37:48,527 You little creep. This isn't a game. 691 00:37:49,701 --> 00:37:52,830 You don't like me, Ben? You're just waking up to that? 692 00:37:53,004 --> 00:37:56,133 Could that be the reason that you used perjured testimony to convict me... 693 00:37:56,207 --> 00:37:57,207 in the first trial? 694 00:37:57,275 --> 00:38:00,507 There's no proof that Russell Bobbitt... Think again, Counselor. 695 00:38:00,578 --> 00:38:02,570 I was acquitted in the second trial. 696 00:38:02,647 --> 00:38:05,708 Therefore, a fortiori, Bobbitt must have been lying in the first. 697 00:38:05,784 --> 00:38:09,448 Ergo, you are collaterally estopped from trying to prove otherwise. 698 00:38:12,757 --> 00:38:14,953 It's not like this is my first case. 699 00:38:18,363 --> 00:38:19,490 Now, Ben... 700 00:38:20,198 --> 00:38:22,394 isn't it true that you were promoted to the position... 701 00:38:22,467 --> 00:38:24,993 of Executive Assistant District Attorney... 702 00:38:25,670 --> 00:38:27,536 immediately following my conviction? 703 00:38:29,808 --> 00:38:32,004 Well, he's certainly going for the jugular. 704 00:38:32,076 --> 00:38:34,238 Tax returns for the last ten years. 705 00:38:34,946 --> 00:38:38,212 Puts my life on the dissecting table, and he drools over it. 706 00:38:38,283 --> 00:38:39,283 He is good. 707 00:38:39,350 --> 00:38:43,754 I don't know many lawyers who can recite chapter and verse on collateral estoppel. 708 00:38:48,860 --> 00:38:50,954 What did he say right after that? 709 00:38:55,300 --> 00:38:57,599 "It's not like this is my first case." 710 00:39:00,271 --> 00:39:01,864 Waiter. Check, please. 711 00:39:04,242 --> 00:39:05,820 I don't see where you're going with this. 712 00:39:05,844 --> 00:39:07,176 If he had other clients... 713 00:39:07,245 --> 00:39:09,237 he's not gonna work for them pro bono, right? 714 00:39:09,948 --> 00:39:12,782 Jailhouse barter system. He scratches their backs, they scratch his. 715 00:39:12,851 --> 00:39:16,253 What if one of those scratches made Russell Bobbitt disappear? 716 00:39:17,255 --> 00:39:20,020 One of Swann's clients gets out of prison, owes him a favor. 717 00:39:20,091 --> 00:39:24,495 Yeah, and if he wrote all those appeals, his name's gonna be on Lexis database. 718 00:39:25,063 --> 00:39:26,554 What about our food? 719 00:39:27,565 --> 00:39:29,966 Well, a lot of briefs are written by people named Swann. 720 00:39:30,034 --> 00:39:31,969 The program doesn't include first names. 721 00:39:32,036 --> 00:39:34,164 Now try Swann and collateral estoppel. 722 00:39:39,277 --> 00:39:41,371 It's Doyle. I don't believe this. 723 00:39:42,647 --> 00:39:43,774 Call it up. 724 00:39:50,388 --> 00:39:54,484 "The Appellant, William Doyle, an inmate at the state facility at Ossining." 725 00:39:55,526 --> 00:39:58,428 Swann represented our prime witness in a civil case. 726 00:39:59,163 --> 00:40:01,928 Now I know how Swann felt when he wanted to murder Cohen. 727 00:40:06,971 --> 00:40:08,030 So he represented me. 728 00:40:08,106 --> 00:40:10,268 What's that got to do with the price of tea in China? 729 00:40:10,608 --> 00:40:12,608 If it was part of a scheme to defraud the courts... 730 00:40:12,677 --> 00:40:14,771 you'd be better off in China. 731 00:40:14,846 --> 00:40:18,146 What, you gonna tack on a couple of years, because I told the truth in court? 732 00:40:18,216 --> 00:40:21,516 You conveniently forgot to tell us about your prior perjury. 733 00:40:21,886 --> 00:40:23,184 You didn't ask. 734 00:40:23,288 --> 00:40:24,916 I'm sure Mr. Swann did. 735 00:40:25,623 --> 00:40:27,216 It makes a difference? 736 00:40:27,759 --> 00:40:31,059 Look, the guy's out of here, and there's nothing you can do... 737 00:40:31,262 --> 00:40:32,262 to either of us. 738 00:40:32,330 --> 00:40:34,492 That's where you're wrong, Mr. Doyle. 739 00:40:34,565 --> 00:40:37,399 I will see you at your parole hearing next month... 740 00:40:39,003 --> 00:40:42,440 and the month after that, and the month after that. 741 00:40:44,676 --> 00:40:45,974 What do you want from me? 742 00:40:46,044 --> 00:40:47,774 Where is Russell Bobbitt? 743 00:40:50,114 --> 00:40:51,377 What do you mean? 744 00:40:51,449 --> 00:40:53,384 I had nothing to do with that. 745 00:40:57,021 --> 00:40:58,114 He's dead? 746 00:41:00,291 --> 00:41:02,260 You get nothing until you do something for me. 747 00:41:02,327 --> 00:41:03,351 Russell Bobbitt. 748 00:41:03,428 --> 00:41:06,796 What about my parole? Accessory to murder, Mr. Doyle. 749 00:41:07,832 --> 00:41:09,198 Russell Bobbitt. 750 00:41:24,315 --> 00:41:25,715 George Mazlansky. 751 00:41:27,185 --> 00:41:28,710 I heard Swann called in a marker. 752 00:41:38,896 --> 00:41:39,896 Hiya. 753 00:41:40,331 --> 00:41:42,129 How long you gonna be? That depends. 754 00:41:42,200 --> 00:41:44,795 We're looking for a guy named George Mazlansky. 755 00:41:44,869 --> 00:41:46,235 Haven't seen him. 756 00:41:50,875 --> 00:41:52,119 Haven't seen him, huh? 757 00:41:52,143 --> 00:41:53,634 We know he works here, pal. 758 00:41:53,711 --> 00:41:57,478 What, are you trying to tell me he just happens to be out sick today? 759 00:42:00,918 --> 00:42:02,147 Hey, Georgie! 760 00:42:12,864 --> 00:42:13,864 Freeze! 761 00:42:15,533 --> 00:42:16,910 You have the right to remain silent. 762 00:42:16,934 --> 00:42:18,534 Anything you say can be used against you. 763 00:42:24,776 --> 00:42:26,506 So who's this Billy Doyle? 764 00:42:28,112 --> 00:42:29,580 You don't know him? 765 00:42:30,748 --> 00:42:33,343 Uh-uh. Well, you'll get acquainted in court. 766 00:42:33,418 --> 00:42:35,717 He's the guy who's gonna put you in for a life sentence. 767 00:42:35,787 --> 00:42:37,847 He's gonna point his finger at you... 768 00:42:37,922 --> 00:42:40,016 and you're gonna tell us how you took a commission... 769 00:42:40,091 --> 00:42:41,491 to kill Russell Bobbitt. 770 00:42:41,559 --> 00:42:42,686 He's crazy. 771 00:42:44,796 --> 00:42:47,061 You're the one staring at murder two. 772 00:42:50,601 --> 00:42:52,729 It's Phillip Swann that I'm after. 773 00:42:57,141 --> 00:42:59,372 I know he authored a writ to keep you out of solitary... 774 00:42:59,444 --> 00:43:01,037 but I'm ready to throw you back in. 775 00:43:10,254 --> 00:43:12,382 What deal would you offer Mr. Mazlansky? 776 00:43:12,457 --> 00:43:14,358 That depends on what he says. 777 00:43:19,363 --> 00:43:21,093 I did the work for Swann. 778 00:43:21,332 --> 00:43:22,891 I want the body, Mr. Mazlansky. 779 00:43:24,502 --> 00:43:27,233 He couldn't just leave him by the side of the road? 780 00:43:27,305 --> 00:43:30,434 Swann said he wanted it done a certain way. He was particular about it. 781 00:43:30,508 --> 00:43:33,000 Yeah, like he was going to check up on you? 782 00:43:33,344 --> 00:43:36,212 If something's worth doing, it's worth doing right. 783 00:43:48,392 --> 00:43:50,418 We're looking for Phillip Swann. 784 00:43:51,329 --> 00:43:52,329 Sure. 785 00:43:53,064 --> 00:43:54,965 Phil, some guys to see you. 786 00:43:55,566 --> 00:43:57,194 He's hooking up the CD. 787 00:43:58,870 --> 00:43:59,870 Cops? 788 00:44:01,339 --> 00:44:03,150 Phillip Swann, you're under arrest... 789 00:44:03,174 --> 00:44:04,699 for the murder of Russell Bobbitt. 790 00:44:04,775 --> 00:44:06,300 You have the right to remain silent. 791 00:44:06,377 --> 00:44:08,846 Anything you do say can and will be used against you. 792 00:44:17,421 --> 00:44:18,421 Claire? 793 00:44:21,125 --> 00:44:22,125 Ben. 794 00:44:23,761 --> 00:44:25,354 So here we are again. 795 00:44:26,364 --> 00:44:28,458 Really among colleagues. 796 00:44:29,367 --> 00:44:31,836 We located your boyhood friend. 797 00:44:35,873 --> 00:44:37,102 Poor Russell. 798 00:44:38,676 --> 00:44:41,043 So it wasn't fun in the sun, after all. 799 00:44:41,979 --> 00:44:46,508 And those affidavits are from your more recent acquaintances, Mr. Doyle... 800 00:44:47,552 --> 00:44:48,952 and Mr. Mazlansky. 801 00:44:54,625 --> 00:44:56,992 I guess you just weren't clever enough. 802 00:45:02,700 --> 00:45:04,191 I got this far, Ben. 803 00:45:09,040 --> 00:45:12,101 A lot of effort to end up right back where you started. 804 00:45:13,077 --> 00:45:16,570 And in polite society, sir, you don't call people by the first name... 805 00:45:16,647 --> 00:45:18,275 unless they ask you to. 806 00:45:18,716 --> 00:45:20,082 I didn't do that. 807 00:45:20,685 --> 00:45:23,655 You're not a friend, and you're certainly not a colleague. 808 00:45:23,721 --> 00:45:27,783 I spent eight years earning the right to call you whatever the hell I want. 809 00:45:34,832 --> 00:45:35,832 So... 810 00:45:39,337 --> 00:45:41,067 who makes the first move? 811 00:45:42,073 --> 00:45:43,564 I want a confession... 812 00:45:45,576 --> 00:45:48,205 not only for the murder of Russell Bobbitt... 813 00:45:49,180 --> 00:45:51,649 but for the murder of Sid Cohen, as well. 814 00:45:56,020 --> 00:45:58,148 And give away my greatest victory? 815 00:45:59,123 --> 00:46:01,115 Take this man back to his cell. 816 00:46:03,561 --> 00:46:05,052 You give up so easy? 817 00:46:06,731 --> 00:46:10,293 It doesn't make any sense, Ben. You're being totally impractical. 818 00:46:11,869 --> 00:46:13,360 That's not like you. 819 00:46:14,438 --> 00:46:16,339 Obviously, you don't know me. 820 00:46:18,142 --> 00:46:19,405 You never did.67433

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