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NARRATOR:
In the criminal justice system

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the people are represented by two
separate yet equally important groups,

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the police
who investigate crime

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and the district attorneys
who prosecute the offenders.

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These are their stories.

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A little variety? Would
that be a bad thing?

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The Cohens got
a strawberry patch.

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You know strawberries
give me the hives.

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So forget about strawberries.
Why always asparagus, huh?

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00:00:25,950 --> 00:00:27,260
Why not potatoes?

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Potatoes? Sure. There are lots
of ways to cook potatoes.

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Baked, mashed, scalloped,
cottage fries.

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Cottage fries?
All that grease.

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A man of your age? Are you
looking for a heart attack?

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LOU?

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I think we better call 911.

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White male.
Mid- to late-30s.

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When did he cash in?

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Way it rained last night, hard to tell.
Eight, 10 hours ago.

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So around midnight.

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Looks like blunt force
upside the head.

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With this. Found it
near the entrance.

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Blood on the tip over here.

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What's their story?

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Oh, grapes of wrath. Co-op garden.
The gate's always open.

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And nobody saw
or heard anything.

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You're amazing.

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What's with his hands?

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All scraped up. Wingtips
scratched on the uppers.

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Well, he probably landed on the pavement and
got dragged in here sometime last night.

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Nice selection of tens and twenties.
Probably not a mugging.

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Martin Felder,
13 East 82nd Street.

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New York Bar Association.

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The guy's a lawyer.
Hmm.

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I'll be in mourning
for the next five minutes.

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East Side Athletic Club. Friends of Lincoln Center.
Metropolitan Museum.

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Should have joined the
Horticultural Society.

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He was working at the office.

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He called say that he was
going to be very late,

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so I just went to bed.

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He do that often?
Work late?

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Yes. He's hardly had
a day off since the spring.

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We didn't even
take our vacation.

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What was he working on?
I don't know.

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Look in his briefcase.

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We didn't find a briefcase.

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Well, he always
had it with him.

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Did he, uh, have any enemies?

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Any money problems?
Anything of that nature?

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No. Martin was
a very sweet man.

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Anything job-related,
like an unhappy client?

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No. The only unhappy
person at work was Martin.

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ED: How's that?

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It was all corporate
work. He hated it.

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But he couldn't afford to quit.

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He wanted so much
to make a difference.

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Marty ran our due diligence
team. He was indispensable.

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No one could collate
contracts like him.

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Do you know what he was
collating on West 31st?

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I wish I knew. This could all be
very embarrassing for the firm.

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Not to mention his family.

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Was Felder the type to get himself
in embarrassing situations?

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If he was, he wouldn't
have been working here.

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Right. Uh, Mr. Curry,

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if you don't mind,

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we'd like to see every piece
of business he was working on.

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Besides the fact it's all privileged,
we do mergers and acquisitions.

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Far as I know, no one's ever
been killed because of an IPO.

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Well, not literally. I'm sorry, I
have to make a conference call.

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He had the briefcase
with him when he left.

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When was that?

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8:30, thereabouts.

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He said he had
a business meeting.

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He didn't tell me
what it was in regards to.

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Would it be in his daytimer?

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He usually carried
that in his briefcase.

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I didn't schedule the meeting,
so I don't have a record of it.

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But you're sure
it was business.

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Yes. Mr. Felder was about work.
It was always about work.

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He billed 80,90 hours a week. More
than anyone else at the firm.

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We're going to need whatever
personal papers are in here.

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I'll get you a box.

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I'm starting to think Felder
whacked himself over the head.

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If I had his life,
I might kill myself.

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Or find some very
creative hobbies.

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I don't see how he paid
for any hobbies.

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Barely any cash
in his own account,

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his wife wrote all the checks.
Guy was on a short leash.

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I write all the checks
in my house.

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Felder charged a rental car to his personal
credit card five, six, seven times

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in the last two months.
Always on a weekday.

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On a weekday?

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Guess he found some
time to stretch that leash.

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Mr. Felder always took a
mid-size, same-day return.

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Eight rentals in two months.
Last one on Monday.

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Day before he was killed. Did Felder
happen to say where he was going?

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No.

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Oh, here's something.

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Two weeks ago he had a breakdown on the
road and had to switch out to another car.

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Where? Uh, he dealt with
our branch in Clinton.

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Doesn't the Department of Corrections
also have a branch in Clinton?

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Felder had a client at the
Clinton Correctional Facility.

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Death row inmate,
Stephen Dupree.

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He was his handling
his appeal pro bono.

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Dupree. Sounds familiar.

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He beat a woman to death during
a home robbery four years ago.

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Her name was Dana Hagen.

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Right. I remember the husband
ran a software company.

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He wanted the guy crucified,
and he was not shy about it.

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Well, the crucifixion's been
delayed for the umpteenth time.

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Dupree got a stay
and filed for a new trial.

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His bad luck his lawyer's dead.

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Might not be luck.
This Dupree's a piece work.

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When the verdict came down he attacked
his attorney in the courtroom.

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Then he got a new lawyer who quit
after Dupree threatened him.

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He doesn't handle
bad news very well.

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Well, if his appeal
wasn't going his way,

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getting rid of Felder could stall
the needle a few more years.

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He put out a hit?

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What do you mean, he's dead?

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He was murdered in
the city three days ago.

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No.

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This can't be happening to me.

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It's not.
It happened to Felder.

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No, I mean, Felder said
he was getting new evidence.

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He said he had a shot
of getting me out of here.

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What new evidence? I don't know.
Just check his files.

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The police didn't find any
files pertaining to you.

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Oh, man, what am I gonna do?

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You're gonna get yourself
another lawyer, another stay,

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another year or two will go by,

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which was the whole point
of having Felder killed.

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What are you talking about?

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You have a bad track record with lawyers
who don't tell you what you want to hear.

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No way.
Felder knew I'm innocent.

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He said he was on
a mission to save my life.

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Why would I want him dead?

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New evidence, Abbie? Favorite
fantasy of the appellate advocate.

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What was Felder doing exactly?

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Being a pain in the ass.

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He subpoenaed any police
files on a Michael Gordon

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as they related
to the Hagen murder.

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Who's Michael Gordon?
According to Felder,

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some kind of bad number
who could clear his client.

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And according to you?
Pure smoke.

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There's no mention of any Michael
Gordon in the murder file.

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The appeal was a loser, Abbie.
Same as Dupree.

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The husband saw him walking
away from the townhouse,

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even picked him
out of a line-up.

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Now, I'm sorry about Felder.

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I'm even sorrier Dupree is
going to be breathing our air

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a couple of more years
because of this.

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In New York State alone there are over 100
Michael Gordons with a criminal record.

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Felder's subpoena didn't give any
more information about Gordon?

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Just that
he's an ex-con.

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You didn't find Felder's
files on Dupree?

157
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No. Could be in
the missing briefcase.

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Could be why he was killed
in the first place.

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If he had information that implicated
Gordon in a woman's murder...

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How did a corporate lawyer like
Felder find a lowlife like Gordon?

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P.I.
Paid by who?

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We went over Felder's financials, and
sure as hell Dupree didn't foot the bill.

163
00:08:09,850 --> 00:08:12,330
Well, maybe Felder's
law firm did.

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Felder stuck his law firm
for my bill, huh?

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I love it! Gotta give him
an "atta boy" for that.

166
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Yeah, well it'll have
to be in the next life.

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Felder was murdered Tuesday.

168
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No kidding.

169
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Geez, you spend a week in Pompano
and everything turns to hell.

170
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Oh!

171
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What kind of work
did you do for Felder?

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He had an appeal on
a robbery-homicide.

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I know some people in that
world, so I made some inquiries.

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What'd you turn up?
A name.

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Michael Gordon.

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He unloaded some swag from
a robbery at the time.

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Where can we find him?

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If I knew that, I would
have told Felder.

179
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Well, where'd you
hear about Gordon?

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From the widow
of Max Bronstein.

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Max ran a fence
in the West Forties

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till the cancer
got him a year ago.

183
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You know about the, uh, phone
calls that Felder got?

184
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No, we don't.

185
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Last week, Felder got a
call on his cell phone

186
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threatening him if he didn't
back off the appeal.

187
00:09:09,780 --> 00:09:10,780
You check into it?

188
00:09:10,850 --> 00:09:14,420
Oh, yeah, yeah, yeah, I got the IUDs
from the phone company, with no joy.

189
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Call came from
a pay phone, Midtown.

190
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Thanks.
Hey.

191
00:09:19,250 --> 00:09:21,630
We don't give out our
subscribers' numbers to anybody.

192
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They pay for every call they get, so
naturally they don't want unsolicited ones.

193
00:09:24,890 --> 00:09:28,340
So the junk mail I get for special
offers for cell phone users,

194
00:09:28,460 --> 00:09:29,700
who gave them my name?

195
00:09:29,760 --> 00:09:33,140
Well, we do sell our subscriber list to companies.
It's standard practice.

196
00:09:33,200 --> 00:09:35,080
Those lists include
the phone numbers?

197
00:09:35,140 --> 00:09:37,450
Yes, but they're contractually
precluded from calling.

198
00:09:37,670 --> 00:09:39,980
Who'd you sell the list to lately?
Let's see.

199
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Two marketing firms
and a software company.

200
00:09:47,550 --> 00:09:48,890
What software company?

201
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Hagen Software.

202
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As in the husband
of the late Dana Hagen.

203
00:09:57,490 --> 00:09:58,870
We design smart cards
for cell phones,

204
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so of course we buy mailing lists.
It's not illegal.

205
00:10:02,230 --> 00:10:05,440
One of the names you bought was Martin Felder.
Ever hear of him?

206
00:10:07,240 --> 00:10:08,740
No. Why? Who is he?

207
00:10:08,870 --> 00:10:12,720
He's a lawyer. He was filing
an appeal for Steven Dupree

208
00:10:12,770 --> 00:10:15,850
before he was killed last Tuesday.
Name ring a bell now?

209
00:10:16,210 --> 00:10:17,990
Not his name. No.

210
00:10:18,080 --> 00:10:20,720
He got Dupree
a stay of execution.

211
00:10:22,920 --> 00:10:24,920
Did you know that?
I didn't know.

212
00:10:24,990 --> 00:10:28,330
You don't remember Victims'
Assistance calling you to tell you

213
00:10:28,390 --> 00:10:31,840
that Felder filed a new appeal for the
son of a bitch who killed your wife?

214
00:10:31,890 --> 00:10:34,370
ED: You don't remember calling
Felder from a phone booth

215
00:10:34,560 --> 00:10:36,670
around the corner
from your office?

216
00:10:38,570 --> 00:10:43,450
You've been waiting four years
to see this dirtbag put down.

217
00:10:43,510 --> 00:10:45,640
We can imagine how that feels.
No, you can't.

218
00:10:45,770 --> 00:10:49,310
Somebody you love gets killed.
The only way you can stay sane

219
00:10:49,380 --> 00:10:52,290
is to think about what's gonna
happen to the bastard who did it.

220
00:10:52,350 --> 00:10:54,490
Anybody who gets in the way,
like some smart lawyer...

221
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All right! All
right, I called him.

222
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I was angry.

223
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That animal, Dupree,
killed my wife.

224
00:11:07,330 --> 00:11:08,900
I passed him on the street.

225
00:11:10,130 --> 00:11:11,770
He was coming from our home.

226
00:11:14,770 --> 00:11:16,510
He killed my Dana.

227
00:11:19,570 --> 00:11:21,580
Four years I've waited.

228
00:11:21,710 --> 00:11:24,320
Mr. Hagen, what you did
to Felder, we can...

229
00:11:24,380 --> 00:11:26,290
I didn't do anything
to that man.

230
00:11:26,350 --> 00:11:27,920
I called him.
That's all I did.

231
00:11:29,580 --> 00:11:31,460
What were you doing
Monday night?

232
00:11:31,520 --> 00:11:33,400
I was in my office
with two of my colleagues

233
00:11:33,450 --> 00:11:35,730
talking to my supplier
in Manila.

234
00:11:35,790 --> 00:11:37,830
BRISCOE:
We're gonna check on that.

235
00:11:39,630 --> 00:11:40,700
Dupree?

236
00:11:42,860 --> 00:11:46,000
I would kill that man
with my bare hands.

237
00:11:46,070 --> 00:11:47,570
But Felder?
Please.

238
00:11:48,370 --> 00:11:49,870
What would be the point?

239
00:11:51,440 --> 00:11:54,320
Hagen was on an online conference
call to the Philippines.

240
00:11:54,380 --> 00:11:56,410
The whole thing was
recorded by webcam.

241
00:11:56,540 --> 00:11:58,790
Back to the mysterious
Michael Gordon.

242
00:11:58,850 --> 00:12:00,050
If he killed Dana Hagen,

243
00:12:00,110 --> 00:12:01,390
he has motive to kill Felder.

244
00:12:01,450 --> 00:12:04,590
Whoa, whoa. Dana Hagen was
killed by Steven Dupree.

245
00:12:04,690 --> 00:12:06,690
Why don't we start
by finding Gordon?

246
00:12:06,820 --> 00:12:08,430
Gordon's a ghost.

247
00:12:08,490 --> 00:12:10,970
I know you know
who prosecuted Dupree.

248
00:12:11,760 --> 00:12:12,830
Andy Wolinsky.

249
00:12:12,890 --> 00:12:14,310
Judge Wolinsky.

250
00:12:14,600 --> 00:12:18,840
The cops go after suspects that don't
exist, Dupree's next lawyer is gonna talk

251
00:12:18,900 --> 00:12:21,540
the Appellate Court into
giving him a new trial.

252
00:12:21,940 --> 00:12:25,650
And then, my friends, there will be
enough brownie sandwiches to go around.

253
00:12:25,770 --> 00:12:28,580
We'll handle this
on the QT for now.

254
00:12:28,640 --> 00:12:31,390
Just Abbie and
Lieutenant Van Buren.

255
00:12:31,750 --> 00:12:34,190
You're the Executive
A.D.A., Jack.

256
00:12:34,420 --> 00:12:36,190
It's entirely your call.

257
00:12:39,390 --> 00:12:40,420
(DOOR OPENING)

258
00:12:40,490 --> 00:12:43,440
So, what's the first step?
(DOOR CLOSING)

259
00:12:43,490 --> 00:12:46,170
There's the widow of the fence who
saw Gordon with the stolen goods,

260
00:12:46,230 --> 00:12:49,210
but she left for Arizona the day
after Felder was found dead.

261
00:12:49,260 --> 00:12:51,370
She won't return our calls.

262
00:12:51,730 --> 00:12:54,340
So we convene a grand jury
and issue a subpoena.

263
00:12:56,200 --> 00:12:58,380
I never heard
of this Michael Gordon.

264
00:12:58,470 --> 00:13:00,710
Those people,
Max knew them. I didn't.

265
00:13:00,780 --> 00:13:02,720
That's not what you told
the private detective.

266
00:13:02,780 --> 00:13:05,380
(LAUGHS) When I was drinking!
Whatever I talked about,

267
00:13:05,450 --> 00:13:07,390
I didn't know what
I was talking about.

268
00:13:07,920 --> 00:13:08,990
Are you afraid of Gordon?

269
00:13:09,780 --> 00:13:12,770
Please, I just want to get back
to my grandkids in Tucson.

270
00:13:13,960 --> 00:13:16,300
How long do you think it's going
to take Gordon to figure out

271
00:13:16,360 --> 00:13:18,000
who told Felder about him?

272
00:13:19,360 --> 00:13:21,970
We're the only people
who can protect you.

273
00:13:26,470 --> 00:13:29,410
After that woman was killed,

274
00:13:29,540 --> 00:13:32,210
Max saw it the paper
that this kid, Dupree,

275
00:13:32,270 --> 00:13:33,880
was arrested for the job.

276
00:13:34,980 --> 00:13:36,510
He said the kid didn't do it.

277
00:13:37,210 --> 00:13:40,320
Max never discussed his work.
But this, this he told me.

278
00:13:41,350 --> 00:13:43,590
He said it was this other guy.

279
00:13:43,650 --> 00:13:45,720
This Mike Gordon.

280
00:13:45,950 --> 00:13:47,630
How did your husband know?

281
00:13:48,620 --> 00:13:52,070
He met Gordon at the Blarney
Stone, over on 42nd.

282
00:13:52,560 --> 00:13:54,340
That's where he did business.

283
00:13:54,400 --> 00:13:57,600
And Gordon sold him some jewelry
from this woman's house.

284
00:13:57,670 --> 00:14:01,610
I told Max, I told him, he should
have told the cops when they come by.

285
00:14:03,240 --> 00:14:05,950
But Max said that
Gordon would kill us.

286
00:14:06,310 --> 00:14:07,680
What cops came by?

287
00:14:07,940 --> 00:14:10,620
The ones that were investigating
that woman's murder.

288
00:14:11,710 --> 00:14:14,920
Somebody gave them a tip
that Max knew something.

289
00:14:20,920 --> 00:14:24,270
The Hagen file has a notation the
investigators talked to Max Bronstein,

290
00:14:24,330 --> 00:14:26,430
but there is no report
on the interview,

291
00:14:26,490 --> 00:14:28,770
no follow-up,
no mention of a tip.

292
00:14:29,130 --> 00:14:31,470
Because Ms. Carmichael,
there was no tip.

293
00:14:31,830 --> 00:14:34,970
Judge Wolinsky, the widow was there when
Detective Simpson questioned her husband.

294
00:14:35,270 --> 00:14:37,770
One of the first things
I learned as an A.D.A.,

295
00:14:37,910 --> 00:14:40,510
right after I figured out where
to order my pastrami on rye,

296
00:14:40,580 --> 00:14:42,890
was that witnesses
make mistakes.

297
00:14:43,040 --> 00:14:45,890
Especially about events that
occurred four years ago.

298
00:14:47,380 --> 00:14:48,760
And Michael Gordon?

299
00:14:48,850 --> 00:14:50,920
I don't know if
he killed Martin Felder.

300
00:14:51,090 --> 00:14:53,090
I do know who
killed Dana Hagen.

301
00:14:53,150 --> 00:14:55,030
I prosecuted that gentleman,

302
00:14:55,090 --> 00:14:57,070
and he's sitting on death row.

303
00:15:00,030 --> 00:15:02,530
I talked to Max. He absolutely
had nothing to do with a tip.

304
00:15:02,760 --> 00:15:04,210
I hit every fence I could find.

305
00:15:04,270 --> 00:15:05,680
None of them knew squat.

306
00:15:05,930 --> 00:15:08,570
Did Michael Gordon's
name ever come up?

307
00:15:08,670 --> 00:15:12,810
Look, it's Abbie, right? We got the
guy who killed Hagen, no question.

308
00:15:13,170 --> 00:15:16,990
Dupree even offered to confess if we
took the death penalty off the table.

309
00:15:17,040 --> 00:15:18,720
Then I don't understand,
Detective Simpson.

310
00:15:18,780 --> 00:15:20,490
Why is he sitting on death row?

311
00:15:20,550 --> 00:15:24,830
Wolinsky turned him down. With what we had
on him, we didn't need his confession.

312
00:15:27,320 --> 00:15:30,230
If the lead A.D.A. and the primary
detective say there was no tip...

313
00:15:30,290 --> 00:15:32,100
This was a big case, wasn't it?

314
00:15:32,160 --> 00:15:36,340
A woman beaten to death by a stranger
in her Upper East Side home.

315
00:15:36,400 --> 00:15:38,140
Those guys must have
had their hands full.

316
00:15:38,200 --> 00:15:40,240
Michael Gordon just
fell through the cracks?

317
00:15:40,330 --> 00:15:41,750
Well, I'm not saying
someone goofed.

318
00:15:41,870 --> 00:15:44,510
For all we know, Gordon just
fenced the goods for Dupree.

319
00:15:44,570 --> 00:15:46,520
But until we find him...

320
00:15:47,940 --> 00:15:49,050
Go with God.

321
00:15:50,650 --> 00:15:54,220
I have sheets on every Michael
Gordon in the Tri-State area

322
00:15:54,280 --> 00:15:57,130
with a burglary-related
conviction in last 10 years.

323
00:15:57,350 --> 00:15:58,830
Twenty-three names.

324
00:15:58,890 --> 00:16:01,200
But six of them were doing time
when Dana Hagen was killed,

325
00:16:01,260 --> 00:16:02,260
and two more are dead.

326
00:16:02,690 --> 00:16:04,140
Oh, well, that narrows it down.

327
00:16:04,290 --> 00:16:07,240
Max Bronstein worked out
of a Blarney Stone on 42nd.

328
00:16:07,300 --> 00:16:10,370
Maybe there are some bartenders
there with a good memory for faces.

329
00:16:11,300 --> 00:16:14,080
Yeah, I remember Max. Uh, club
soda when he was working.

330
00:16:14,140 --> 00:16:16,840
Seven-and-seven when
he wasn't. Good tipper.

331
00:16:17,870 --> 00:16:19,480
Bookie right?
A fence.

332
00:16:19,740 --> 00:16:22,880
Really? Five years the guy sat
at my bar, I never knew that.

333
00:16:22,940 --> 00:16:23,980
He in trouble?

334
00:16:24,050 --> 00:16:26,790
Not with us. He died
of cancer last year.

335
00:16:26,850 --> 00:16:27,880
Oh.

336
00:16:27,950 --> 00:16:29,830
I need you to look
at a few pictures.

337
00:16:31,120 --> 00:16:33,360
You ever see any of
these guys with Max?

338
00:16:33,620 --> 00:16:35,900
No face that jumps out at me.

339
00:16:35,960 --> 00:16:37,770
Gordon. Michael Gordon.

340
00:16:37,990 --> 00:16:38,990
Lot of Mikes.

341
00:16:39,860 --> 00:16:40,860
Him I know.

342
00:16:40,960 --> 00:16:41,960
You sure?

343
00:16:42,160 --> 00:16:44,910
Yeah. He and Maxie did
business a couple times.

344
00:16:45,570 --> 00:16:47,050
How long ago?

345
00:16:47,130 --> 00:16:50,140
Ooh. Around the time
the Rangers got Gretzky.

346
00:16:50,270 --> 00:16:52,080
Yeah. Four years ago?

347
00:16:53,440 --> 00:16:57,720
Nice set of lock picks, Mike.
Honed by years of use.

348
00:16:59,510 --> 00:17:01,550
And this little pry bar,
this is nice.

349
00:17:01,620 --> 00:17:03,120
I've been looking
for one just like it.

350
00:17:03,180 --> 00:17:04,630
Where'd you buy it?

351
00:17:04,890 --> 00:17:06,370
I'm gonna wait on my lawyer.

352
00:17:07,420 --> 00:17:10,030
What's he gonna tell you
you don't already know?

353
00:17:11,130 --> 00:17:14,830
This is a parole violation. You're going
back upstate to finish your stretch.

354
00:17:14,900 --> 00:17:16,470
And that's just for openers.

355
00:17:16,530 --> 00:17:18,600
We're putting together
a murder case against you.

356
00:17:18,670 --> 00:17:20,010
Maybe two.

357
00:17:20,270 --> 00:17:22,770
You recognize these people?
You should.

358
00:17:22,970 --> 00:17:25,510
You killed him to cover up
the fact that you killed her.

359
00:17:25,610 --> 00:17:27,280
I didn't kill anybody.

360
00:17:27,840 --> 00:17:29,480
ED: This is from the burglary
at the lady's house.

361
00:17:29,610 --> 00:17:31,450
Dana Hagen,
if you don't remember.

362
00:17:31,580 --> 00:17:35,890
The twist of the alarm wires, three turns,
bent on the side. That's your signature, Mike.

363
00:17:35,980 --> 00:17:37,590
The same with all
your other burglaries.

364
00:17:37,650 --> 00:17:39,760
I know four guys
do it the same way.

365
00:17:41,090 --> 00:17:43,860
I said, I'm gonna
wait on my lawyer.

366
00:17:47,260 --> 00:17:49,500
Forensics went through
Gordon's shoes and clothes.

367
00:17:49,560 --> 00:17:51,910
No blood splatters, no mud
from the tomato patch.

368
00:17:52,000 --> 00:17:54,610
Okay. Start pulling in
Gordon's associates.

369
00:17:54,670 --> 00:17:57,310
Maybe he told them
about Hagen and Felder.

370
00:17:58,210 --> 00:18:01,310
Hey, Abbie, we might be able
to put both bodies on Gordon.

371
00:18:01,380 --> 00:18:03,910
His usual M.O. matches
the Hagen burglary.

372
00:18:04,110 --> 00:18:06,850
He show any signs he might want to talk?
Not yet, but...

373
00:18:08,880 --> 00:18:09,880
Jamie.

374
00:18:11,020 --> 00:18:13,430
Hi.
Hey, look at you.

375
00:18:13,620 --> 00:18:15,860
Hey, Lieutenant. How are you?
Never better.

376
00:18:15,920 --> 00:18:17,700
Uh, this is Abbie Carmichael.

377
00:18:17,790 --> 00:18:20,240
Yes, I've heard of you. Jamie Ross.
I've heard of you, too.

378
00:18:20,430 --> 00:18:22,740
So, what brings you here?

379
00:18:23,100 --> 00:18:24,100
Work.

380
00:18:26,030 --> 00:18:27,030
(KNOCKING ON DOOR)

381
00:18:28,570 --> 00:18:30,450
Hey, you.
Hello, Detective.

382
00:18:31,070 --> 00:18:32,380
What, are you back
with the D.A.s?

383
00:18:32,440 --> 00:18:34,750
No, Ms. Ross is
Mr. Gordon's lawyer.

384
00:18:36,740 --> 00:18:38,020
ROSS: You've been
talking to my client?

385
00:18:38,250 --> 00:18:39,380
Talking at him.

386
00:18:39,550 --> 00:18:41,690
Hadn't he invoked
his right to counsel?

387
00:18:42,880 --> 00:18:45,890
ROSS: Aside from the parole violation, are
there any other charges on the table?

388
00:18:45,990 --> 00:18:47,630
Not at this time.

389
00:18:47,690 --> 00:18:51,400
Well, then I'd like a word with my client,
and you can book him for arraignment.

390
00:18:59,470 --> 00:19:01,970
I don't understand.
I did this four years ago.

391
00:19:02,340 --> 00:19:04,080
We realize it's upsetting.

392
00:19:04,140 --> 00:19:05,240
Upsetting?

393
00:19:06,610 --> 00:19:08,110
It's incomprehensible.

394
00:19:08,710 --> 00:19:10,690
Everyone already knows
who killed my wife.

395
00:19:12,350 --> 00:19:14,380
Please, Mr. Hagen,
we need your cooperation.

396
00:19:23,990 --> 00:19:25,230
You recognize someone?

397
00:19:25,490 --> 00:19:26,940
Ms. Carmichael.

398
00:19:27,530 --> 00:19:29,970
I don't recognize anybody.
It's not any of them.

399
00:19:32,700 --> 00:19:34,010
Can I go now?

400
00:19:34,670 --> 00:19:35,880
Yes, thank you.

401
00:19:40,710 --> 00:19:43,690
Don't be shy. Next time,
just point to my client.

402
00:19:49,680 --> 00:19:50,820
(SIGHING)

403
00:19:51,090 --> 00:19:53,090
CARMICHAEL: He reacted
when he saw Gordon.

404
00:19:53,620 --> 00:19:56,100
It might have dawned on him he
made a mistake four years ago.

405
00:19:56,160 --> 00:19:57,690
Doesn't matter.

406
00:19:57,830 --> 00:19:59,630
Jamie won't give him
another bite at the apple.

407
00:19:59,690 --> 00:20:01,470
How'd she end up
representing Gordon anyhow?

408
00:20:01,630 --> 00:20:02,940
I thought she was teaching.

409
00:20:03,000 --> 00:20:06,240
Well, he's a holdover from before
she joined the D.A.'s office.

410
00:20:06,300 --> 00:20:08,940
He called her, and I guess
she felt some obligation.

411
00:20:09,170 --> 00:20:10,740
She would.

412
00:20:10,810 --> 00:20:12,610
What's the rest
of the case against Gordon?

413
00:20:12,840 --> 00:20:17,190
The similar M.O., the bartender's
I.D., and Max Bronstein's widow.

414
00:20:18,110 --> 00:20:19,990
Coincidence,
circumstance and hearsay.

415
00:20:20,180 --> 00:20:21,720
Enough for an indictment.

416
00:20:22,750 --> 00:20:25,490
Get it. I'll talk
to Jamie about a plea.

417
00:20:25,850 --> 00:20:27,920
Life without parole,
both counts.

418
00:20:28,490 --> 00:20:30,400
The needle stays in the bag.

419
00:20:30,460 --> 00:20:32,500
If you had convincing
evidence on either count,

420
00:20:32,560 --> 00:20:36,370
you wouldn't hesitate to put an upstanding
citizen like Michael Gordon on death row.

421
00:20:36,660 --> 00:20:38,140
Is that a no?

422
00:20:38,330 --> 00:20:41,440
It's an "I'll discuss it with my
client, but I won't recommend it."

423
00:20:41,900 --> 00:20:43,750
The offer won't hold forever.

424
00:20:44,070 --> 00:20:47,050
Once it's gone, you know better than
anybody I'll do everything I can

425
00:20:47,110 --> 00:20:48,920
to strap Gordon to a gurney.

426
00:20:49,180 --> 00:20:51,780
I know what
"everything I can" means.

427
00:20:52,210 --> 00:20:55,390
Then you can impress on your client
that he's dealing with a junkyard dog.

428
00:20:55,450 --> 00:20:57,120
This isn't a team effort, Jack.

429
00:20:57,280 --> 00:20:59,320
I'm not an A.D.A.
anymore.

430
00:21:00,120 --> 00:21:01,120
Uh-huh.

431
00:21:03,790 --> 00:21:04,790
Kosovo?

432
00:21:07,430 --> 00:21:09,240
Yes, this little girl's
father and three brothers

433
00:21:09,300 --> 00:21:11,670
were found in a mass grave
outside Prestina.

434
00:21:11,730 --> 00:21:15,270
We just turned in our final report to
the War Crimes Tribunal last week.

435
00:21:15,740 --> 00:21:17,110
Tough work.

436
00:21:17,740 --> 00:21:21,020
Well, Adam used to say, you clean up
the world one lousy brick at a time.

437
00:21:21,440 --> 00:21:24,480
Michael Gordon's what you
find hiding under the bricks.

438
00:21:25,750 --> 00:21:28,120
You could have fobbed him
off on somebody else.

439
00:21:28,220 --> 00:21:31,360
Some 18-B panel hack?
Not on a capital case.

440
00:21:31,420 --> 00:21:34,230
Well, you'll have something to
talk about with your students.

441
00:21:34,460 --> 00:21:36,090
Let me know
about the plea offer.

442
00:21:37,320 --> 00:21:38,800
End of business day tomorrow.

443
00:21:39,160 --> 00:21:41,440
Have you told Steven Dupree
you have another suspect?

444
00:21:41,800 --> 00:21:42,870
Not yet.

445
00:21:43,230 --> 00:21:45,230
No sense getting his hopes up.

446
00:21:46,130 --> 00:21:48,310
Especially since you might
have to kill him anyway.

447
00:21:51,540 --> 00:21:55,080
Jamie called me back. Her guy won't deal.
You talk to Eric Hagen?

448
00:21:55,180 --> 00:21:58,320
Yeah, he won't budge from his original I.D.
It's Dupree all the way.

449
00:21:58,780 --> 00:22:01,920
Better safe than sorry.
What's all this?

450
00:22:01,980 --> 00:22:04,260
I pulled the complete
Hagen file out of storage.

451
00:22:04,320 --> 00:22:06,460
It was worth
the allergy attack.

452
00:22:06,750 --> 00:22:11,290
Memo from the Bronx, Property Recovery
Unit, Detective Wesley Simpson.

453
00:22:11,630 --> 00:22:15,100
"Please advise regarding disposition
of one white platinum bracelet"

454
00:22:15,160 --> 00:22:16,300
"engraved, 'Love forever'."

455
00:22:16,730 --> 00:22:20,640
List of property stolen from
the Hagen home. Line 12.

456
00:22:24,570 --> 00:22:27,750
One platinum bracelet,
inscription, "Love forever."

457
00:22:31,380 --> 00:22:32,820
Where was the bracelet found?

458
00:22:32,880 --> 00:22:35,880
During a vice squad sweep of
Hunts Point four years ago.

459
00:22:35,950 --> 00:22:38,900
It's been in the Bronx in a
property room ever since.

460
00:22:39,390 --> 00:22:41,830
Anybody find out how
it ended up in Hunts Point?

461
00:22:41,890 --> 00:22:45,840
No indications Detective Simpson or
anyone else followed up on that memo.

462
00:22:47,430 --> 00:22:49,100
Time somebody did.

463
00:22:50,000 --> 00:22:53,770
Yeah, I used to work the Point,
about two lifetimes before this.

464
00:22:54,000 --> 00:22:56,350
You remember being arrested
there four years ago?

465
00:22:56,400 --> 00:22:59,580
You seen my sheet, right? Think you
could keep track of all those busts?

466
00:22:59,640 --> 00:23:01,020
I sure as hell can't.

467
00:23:02,410 --> 00:23:05,450
Jasmine, you're on awaiting
list for a methadone program.

468
00:23:05,510 --> 00:23:07,490
I can get you moved to
the front of that line.

469
00:23:11,350 --> 00:23:13,390
You were arrested
with this bracelet.

470
00:23:13,650 --> 00:23:17,470
Yeah, Mack named Bernard gave it to me.
Some silver-plated crap.

471
00:23:18,160 --> 00:23:20,110
Actually, it was
solid platinum.

472
00:23:20,190 --> 00:23:21,200
No kidding.

473
00:23:22,030 --> 00:23:23,030
Do you know where he got it?

474
00:23:23,100 --> 00:23:25,700
Yeah, from Fat Maxie at a
bar over on Forty-Deuce.

475
00:23:25,830 --> 00:23:27,540
The Blarney Stone.
That one.

476
00:23:28,740 --> 00:23:31,440
The cops who arrested you,
did they ask where you got it?

477
00:23:31,540 --> 00:23:32,980
Yeah, Fat Maxie
what I told 'em.

478
00:23:33,910 --> 00:23:37,950
The bracelet was recovered from the
girl three weeks into Dupree's trial.

479
00:23:38,680 --> 00:23:40,450
You'd already rested your case.

480
00:23:40,550 --> 00:23:42,150
We didn't know
about the bracelet.

481
00:23:43,050 --> 00:23:45,030
The memo about it
was in the file.

482
00:23:45,390 --> 00:23:46,870
The bracelet
corroborated the tip.

483
00:23:47,320 --> 00:23:48,800
Again with this tip.

484
00:23:49,720 --> 00:23:53,600
Andy, we're not alleging
any malfeasance here.

485
00:23:53,760 --> 00:23:55,000
I should hope not.

486
00:23:55,060 --> 00:23:56,700
JACK: This was
a high-profile case.

487
00:23:57,930 --> 00:24:00,040
Death penalty, long hours.

488
00:24:00,700 --> 00:24:03,180
You were invested in
getting Dupree convicted.

489
00:24:03,240 --> 00:24:07,190
My God, Jack, the guy was arrested in
a bar three blocks from the scene.

490
00:24:07,340 --> 00:24:11,120
He was ready to confess. There was
no mistake here, no dereliction.

491
00:24:13,180 --> 00:24:15,720
Whatever happened,
now's the time to undo it.

492
00:24:17,590 --> 00:24:18,960
There's nothing to undo.

493
00:24:19,020 --> 00:24:22,060
Forget that an innocent mean
might be sitting on death row.

494
00:24:22,120 --> 00:24:24,430
Michael Gordon could get
away with two murders.

495
00:24:24,490 --> 00:24:26,600
We need you to confirm
the prostitute's story

496
00:24:26,660 --> 00:24:28,970
and to confirm you had
the tip about Max Bronstein.

497
00:24:29,160 --> 00:24:34,880
These allegations are crap. Dana Hagen
was killed by Steven Dupree, period.

498
00:24:35,670 --> 00:24:36,840
Now, get out.

499
00:24:44,010 --> 00:24:46,010
I put that creep up for office.

500
00:24:46,080 --> 00:24:47,390
This tip,

501
00:24:47,980 --> 00:24:49,860
maybe you ought to find
out where it came from?

502
00:24:50,580 --> 00:24:51,960
After four years?

503
00:24:52,150 --> 00:24:53,460
Four years, four days.

504
00:24:53,520 --> 00:24:56,900
Find the tipster, find a
witness against Mr. Gordon.

505
00:24:58,630 --> 00:25:00,430
From the Department
of Correction.

506
00:25:00,490 --> 00:25:02,800
Gordon's cellmates,
four years ago.

507
00:25:03,560 --> 00:25:06,200
He was at Rikers awaiting
trial on a larceny charge.

508
00:25:06,270 --> 00:25:10,080
What I can't figure out is if
someone wanted to rat out Gordon,

509
00:25:10,270 --> 00:25:12,550
why tip the police
about Max Bronstein?

510
00:25:13,770 --> 00:25:17,020
Maybe they didn't know about Gordon. Maybe
they just knew Bronstein was fencing goods

511
00:25:17,080 --> 00:25:18,250
from the Hagen murder.

512
00:25:18,510 --> 00:25:20,580
I don't think it's something
Bronstein would have bragged about.

513
00:25:20,650 --> 00:25:22,150
Everyone said he was discrete.

514
00:25:22,250 --> 00:25:23,730
Maybe Gordon wasn't.

515
00:25:24,220 --> 00:25:27,320
Then back to my original question.
Why not drop the dime on Gordon?

516
00:25:31,690 --> 00:25:33,690
Maybe they had no choice.

517
00:25:37,030 --> 00:25:40,040
Here you go. The complete
works of Dupree, Steven,

518
00:25:40,100 --> 00:25:41,840
from arraignment to appeals.

519
00:25:41,900 --> 00:25:44,310
Gonna take a little longer
to get the trial transcripts.

520
00:25:44,370 --> 00:25:45,980
All I need is
the sign-out sheet.

521
00:25:47,880 --> 00:25:49,720
It was last signed out
two weeks ago.

522
00:25:49,840 --> 00:25:51,850
It should This go
back four years?

523
00:26:05,890 --> 00:26:07,130
Jamie,

524
00:26:08,100 --> 00:26:09,510
can I have a word?

525
00:26:10,100 --> 00:26:11,870
Hey, Katie, you remember
Mommy's friend, Jack?

526
00:26:12,030 --> 00:26:13,140
Hi, Katie.

527
00:26:13,230 --> 00:26:15,650
Just go on up the steps, and
I'll meet you in a second.

528
00:26:16,170 --> 00:26:18,620
Jack, you look terrible.
What, you sleep in that suit?

529
00:26:18,810 --> 00:26:20,650
You tipped off Andy Wolinsky.

530
00:26:20,940 --> 00:26:22,250
What are you talking about?

531
00:26:22,610 --> 00:26:24,920
Four years ago, you were Gordon's
lawyer on a larceny case.

532
00:26:25,150 --> 00:26:27,130
Somehow, you found out
he killed Dana Hagen.

533
00:26:27,180 --> 00:26:29,290
You had an ethical problem.
You couldn't turn him in.

534
00:26:29,350 --> 00:26:30,690
Jack... You did the
next best thing.

535
00:26:31,250 --> 00:26:33,700
You pointed the police
at his fence,

536
00:26:33,820 --> 00:26:35,390
which should have led
them straight to Gordon.

537
00:26:35,460 --> 00:26:37,990
I cannot discuss... You know
the wrong man's on death row.

538
00:26:41,860 --> 00:26:45,540
Two weeks after you joined the D.A.'s
office you signed out Dupree's file.

539
00:26:45,700 --> 00:26:47,580
What were you doing, checking
the status of his appeal?

540
00:26:47,630 --> 00:26:48,940
I can't have this
conversation with you.

541
00:26:49,000 --> 00:26:50,380
You know Gordon did it,
don't you?

542
00:26:50,440 --> 00:26:51,640
You know it for a fact.

543
00:26:51,710 --> 00:26:54,620
You're gonna stand by and watch Steven
Dupree die for a murder he didn't commit?

544
00:26:54,680 --> 00:26:55,680
Goodbye, Jack.

545
00:26:55,740 --> 00:26:58,020
Jamie, for God's sake, you cared
then, don't you care now?

546
00:27:05,650 --> 00:27:07,190
We found the source of the tip.

547
00:27:07,520 --> 00:27:09,730
That'd be quite a feat,
since I never got a tip.

548
00:27:09,920 --> 00:27:12,370
I can't reveal the name, but
suffice it to say it's a woman.

549
00:27:12,460 --> 00:27:13,770
Another junkie prostitute?

550
00:27:13,860 --> 00:27:16,810
Her credibility's above reproach.
Andy, I'm giving you a chance.

551
00:27:16,860 --> 00:27:19,610
You come after me, you make sure
you don't leave me standing.

552
00:27:19,670 --> 00:27:22,610
I will use the full power
of my office to bury you.

553
00:27:30,910 --> 00:27:33,950
We can't turn this corner unless
Jamie tells us what she knows.

554
00:27:34,110 --> 00:27:37,250
We assume she can't because of attorney-client
privilege. Her hands are tied.

555
00:27:37,380 --> 00:27:38,450
Are they?

556
00:27:39,320 --> 00:27:41,060
I want you to call her.

557
00:27:41,120 --> 00:27:42,790
Set up a meeting with Gordon.

558
00:27:44,930 --> 00:27:46,000
Where's my client?

559
00:27:46,060 --> 00:27:48,630
In the conference room.
I think we should talk first.

560
00:27:49,960 --> 00:27:52,470
I'm going to make
Gordon a final offer.

561
00:27:53,000 --> 00:27:56,140
25-to-life on both
murder counts.

562
00:27:56,770 --> 00:27:57,940
I'll discuss it.

563
00:27:58,740 --> 00:28:00,840
I want you to recommend it.
Based on what?

564
00:28:01,140 --> 00:28:03,750
On the fact that we have
an ironclad case against him.

565
00:28:04,910 --> 00:28:07,390
Do you?
Cards on the table, okay?

566
00:28:07,510 --> 00:28:11,760
Wolinsky refuses to concede that he
put an innocent man on death row.

567
00:28:12,620 --> 00:28:15,790
He won't even acknowledge that
they got the tip about the fence.

568
00:28:16,190 --> 00:28:18,000
Maybe that's because
the tip was a dead end.

569
00:28:18,230 --> 00:28:20,930
It wasn't. There's
independent confirmation.

570
00:28:21,060 --> 00:28:24,440
Max Bronstein fenced some
jewelry from the Hagens.

571
00:28:25,970 --> 00:28:29,470
The bracelet was found during Dupree's trial.
Wolinsky ignored it.

572
00:28:30,740 --> 00:28:34,780
Of course, in itself it's not
enough to prove Dupree's innocence

573
00:28:34,840 --> 00:28:36,480
or your client's guilt.

574
00:28:37,710 --> 00:28:40,160
Only the person who called
in the tip could do that.

575
00:28:41,650 --> 00:28:43,390
Sorry, I can't help you.

576
00:28:43,450 --> 00:28:46,690
I'm not asking you to break the
attorney-client privilege.

577
00:28:47,420 --> 00:28:50,030
But I don't think it would stretch
your ethics too much to recommend

578
00:28:50,090 --> 00:28:51,660
your client take this deal.

579
00:28:51,860 --> 00:28:53,670
Even if I don't think
it's in his best interest?

580
00:28:53,730 --> 00:28:58,340
Your job is to achieve the best
result for your client. You know me.

581
00:28:58,400 --> 00:29:00,570
From here on in, it won't
get any better for him.

582
00:29:01,470 --> 00:29:03,780
You make the offer.
I'll call it the way I see it.

583
00:29:03,840 --> 00:29:04,840
Steven Dupree.

584
00:29:05,070 --> 00:29:07,580
Don't talk to me
about Steven Dupree.

585
00:29:07,640 --> 00:29:09,810
Your office put him in jail.
You get him out.

586
00:29:09,880 --> 00:29:12,410
You know as well as I do that
without proof of his innocence

587
00:29:12,480 --> 00:29:14,250
or an admission of guilt
by your client,

588
00:29:14,310 --> 00:29:17,420
the chances of a court overturning
a jury verdict are next to nil.

589
00:29:17,480 --> 00:29:19,120
That can't be my problem, Jack.

590
00:29:19,190 --> 00:29:21,000
Let's just make
it right, Jamie.

591
00:29:21,460 --> 00:29:24,300
Because, uh, if we're going
to play by the rules,

592
00:29:24,360 --> 00:29:27,240
you already violated
attorney-client privilege

593
00:29:27,290 --> 00:29:29,210
when you tipped off
Wolinsky, and I,

594
00:29:29,260 --> 00:29:33,410
as an officer of the court, I have a duty
to inform the Disciplinary Committee

595
00:29:33,470 --> 00:29:34,970
and your client.

596
00:29:35,300 --> 00:29:36,300
Is that a threat?

597
00:29:36,370 --> 00:29:37,710
Jamie, please.

598
00:29:41,040 --> 00:29:42,420
Just get Gordon
to take the plea.

599
00:29:50,980 --> 00:29:52,400
About time.

600
00:29:52,490 --> 00:29:55,130
I'm gonna be late for
cookies and milk at Rikers.

601
00:29:56,660 --> 00:29:59,190
I have a one-time offer,
Mr. Gordon.

602
00:30:00,260 --> 00:30:03,670
Your plea of guilty for the murders
of Martin Felder and Dana Hagen

603
00:30:04,030 --> 00:30:07,010
in return for concurrent
sentences of 25-to-life.

604
00:30:07,870 --> 00:30:09,350
You have an hour
to make up your mind.

605
00:30:09,400 --> 00:30:11,440
No way.
I want a trial.

606
00:30:12,640 --> 00:30:14,950
Didn't you tell 'em
I want a trial?

607
00:30:16,440 --> 00:30:20,790
I'm sure Ms. Ross will agree, a
trial's not in your best interest.

608
00:30:22,980 --> 00:30:27,660
(SIGHING) Mr. Gordon, I'm resigning as
your counsel, effective immediately.

609
00:30:28,020 --> 00:30:30,400
While representing you,
I violated the code of conduct

610
00:30:30,460 --> 00:30:32,330
and breached our
attorney-client privilege.

611
00:30:32,390 --> 00:30:36,310
I'll be making a full disclosure to
Disciplinary Committee of the New York Bar.

612
00:30:36,700 --> 00:30:38,230
I'll help you
find a new attorney.

613
00:30:38,300 --> 00:30:40,470
In the meantime,
keep your mouth shut.

614
00:30:43,040 --> 00:30:45,950
Anything she tells the Disciplinary
Committee will be kept under seal.

615
00:30:46,010 --> 00:30:49,320
We won't be able to use it against Gordon.
It's brilliant.

616
00:30:49,380 --> 00:30:52,220
I knew there was a reason
I hired that young lady.

617
00:30:52,280 --> 00:30:54,590
You're both enjoying
this, aren't you?

618
00:30:55,350 --> 00:30:58,120
You tried to coerce her
into selling out her client.

619
00:30:58,190 --> 00:31:00,500
Lit your own petard, my boy.

620
00:31:00,550 --> 00:31:04,370
A judge can still compel her to
testify about what Gordon told her.

621
00:31:04,420 --> 00:31:07,630
How? Her conversations
with him are privileged.

622
00:31:07,690 --> 00:31:10,270
Not the ones she divulged
to third parties.

623
00:31:10,930 --> 00:31:12,170
Says you.

624
00:31:15,470 --> 00:31:18,110
Whatever I said during an
anonymous call four years ago

625
00:31:18,170 --> 00:31:21,120
resulted from information I received
from Mr. Gordon. It's privileged.

626
00:31:21,170 --> 00:31:23,950
She broke the privilege herself
when she called Wolinsky.

627
00:31:24,010 --> 00:31:25,490
She can't assert it now.

628
00:31:25,550 --> 00:31:28,390
The privilege belongs to Mr. Gordon.
Unless he waives it.

629
00:31:28,450 --> 00:31:30,590
Your Honor, her anonymous call

630
00:31:30,650 --> 00:31:34,570
contains information crucial to the
prosecution of a capital crime

631
00:31:34,620 --> 00:31:35,830
committed by Gordon.

632
00:31:36,190 --> 00:31:37,930
Just a minute,
Mr. McCoy.

633
00:31:38,090 --> 00:31:41,560
Ms. Ross, this tip
concerned your client?

634
00:31:41,800 --> 00:31:43,300
Yes.
JUDGE: Ms. Ross...

635
00:31:43,700 --> 00:31:45,640
I've already informed
the Disciplinary Committee.

636
00:31:46,070 --> 00:31:47,910
What did you tell
Judge Wolinsky?

637
00:31:47,970 --> 00:31:50,450
That he had charged the wrong man
in the murder of Dana Hagen,

638
00:31:50,500 --> 00:31:53,080
and that a fence named Max
Bronstein had received goods

639
00:31:53,140 --> 00:31:54,680
stolen from the Hagen home.

640
00:31:54,840 --> 00:31:57,880
And you had gotten this information
directly from your client?

641
00:31:57,940 --> 00:32:00,320
Yes, among other details
relating to the Hagen murder.

642
00:32:00,380 --> 00:32:01,860
When I called Wolinsky
the second time,

643
00:32:01,920 --> 00:32:04,560
I essentially repeated
the same information.

644
00:32:04,850 --> 00:32:07,350
You called Wolinsky
again? When?

645
00:32:07,750 --> 00:32:10,430
During Steven Dupree's trial, just
before the case went to jury.

646
00:32:10,490 --> 00:32:14,170
Mr. McCoy, it is obvious anything
Ms. Ross might say in court

647
00:32:14,230 --> 00:32:18,370
would only further breach Mr. Gordon's
attorney-client privilege.

648
00:32:18,970 --> 00:32:22,500
You cannot use her testimony against him.
Your motion is denied.

649
00:32:23,170 --> 00:32:25,980
Your Honor, I want to use her
testimony against a third party.

650
00:32:26,040 --> 00:32:27,180
JUDGE: Who?

651
00:32:27,710 --> 00:32:29,210
Andrew Wolinsky.

652
00:32:29,910 --> 00:32:32,450
The People plan to bring
charges of attempted murder.

653
00:32:32,510 --> 00:32:34,120
Against Judge Wolinsky?

654
00:32:34,180 --> 00:32:35,520
Yes.

655
00:32:35,580 --> 00:32:37,820
Ms. Ross testifies
against him.

656
00:32:37,880 --> 00:32:39,560
Nothing she says can be
used against Gordon.

657
00:32:39,620 --> 00:32:40,760
Your Honor...
JUDGE: Ms. Ross.

658
00:32:43,560 --> 00:32:45,430
On that limited basis,

659
00:32:47,190 --> 00:32:49,200
I don't see a problem.

660
00:32:49,330 --> 00:32:51,810
I'm issuing an order
for your testimony.

661
00:32:52,200 --> 00:32:55,540
And I sure hope you know what
you're doing, Mr. McCoy.

662
00:32:57,200 --> 00:32:59,740
BRISCOE: Judge Wolinsky,
you mind coming with us?

663
00:32:59,810 --> 00:33:00,910
What? What for?

664
00:33:00,970 --> 00:33:04,180
You're under arrest for the
attempted murder of Steven Dupree.

665
00:33:04,240 --> 00:33:05,590
What is this, a joke?
No, Your Honor.

666
00:33:05,650 --> 00:33:07,920
We'll have to ask you
to remove the robe.

667
00:33:09,420 --> 00:33:12,490
Call Helen Brolin.
Her number's in my Rolodex.

668
00:33:12,690 --> 00:33:14,290
You have the right
to remain silent.

669
00:33:14,350 --> 00:33:16,430
Anything you do say can, and
will be used against you...

670
00:33:19,190 --> 00:33:20,470
ADAM: What in the world
were you thinking?

671
00:33:20,530 --> 00:33:22,300
What was Wolinsky thinking?

672
00:33:22,930 --> 00:33:26,900
Jamie called him twice. The second time
after they found the Hagen bracelet.

673
00:33:27,000 --> 00:33:28,980
It'll be her word
against Wolinsky's.

674
00:33:29,040 --> 00:33:31,040
Just because the grand
jury believed her...

675
00:33:31,100 --> 00:33:33,610
I haven't indicted him yet. I'm
hoping Wolinsky will spare himself

676
00:33:33,670 --> 00:33:34,910
the embarrassment and fold.

677
00:33:34,980 --> 00:33:36,050
And then?

678
00:33:36,110 --> 00:33:38,090
And then give me what I
need to convict Gordon.

679
00:33:38,180 --> 00:33:39,320
Oh.

680
00:33:40,180 --> 00:33:43,590
So you don't think that Wolinsky
committed attempted murder?

681
00:33:43,650 --> 00:33:45,460
Yes, he ignored evidence.

682
00:33:45,590 --> 00:33:47,390
He had reason to believe
Dupree was innocent,

683
00:33:47,450 --> 00:33:49,160
and he still sent
him to death row.

684
00:33:49,460 --> 00:33:51,460
A jury might see that
as attempted murder.

685
00:33:51,520 --> 00:33:53,630
They might never see it at all.

686
00:33:54,360 --> 00:33:57,140
Wolinsky just filed
for a preliminary hearing.

687
00:33:57,200 --> 00:33:58,680
He just has to convince a judge

688
00:33:58,730 --> 00:34:01,210
there isn't sufficient evidence
to sustain the charge.

689
00:34:01,300 --> 00:34:03,010
So a fellow judge

690
00:34:03,600 --> 00:34:06,020
will decide
Judge Wolinsky's fate.

691
00:34:07,810 --> 00:34:09,750
Is that what you
meant by folding?

692
00:34:12,610 --> 00:34:14,750
JAMIE: During one of our
meetings four years ago,

693
00:34:14,810 --> 00:34:17,420
Mr. Gordon boasted that
he'd killed Dana Hagen.

694
00:34:17,580 --> 00:34:19,620
The case was in the
papers at the time.

695
00:34:20,190 --> 00:34:22,290
Mr. Gordon provided details.

696
00:34:22,360 --> 00:34:26,000
He even named the person he used to fence
jewelry stolen from the Hagen home.

697
00:34:26,190 --> 00:34:29,140
I confirmed enough of his information
to know he was telling the truth.

698
00:34:29,200 --> 00:34:30,540
What did you do then?

699
00:34:30,600 --> 00:34:32,770
I tried persuading him
to come forward,

700
00:34:32,830 --> 00:34:34,280
but he refused.

701
00:34:34,940 --> 00:34:37,040
I wasn't sure
what to do next. I...

702
00:34:37,100 --> 00:34:39,680
I knew I had an
obligation to Mr. Gordon,

703
00:34:40,370 --> 00:34:42,880
but I felt what I can only
describe as a higher duty

704
00:34:42,940 --> 00:34:45,050
to prevent a miscarriage
of justice.

705
00:34:45,580 --> 00:34:48,620
I called the Bar Association's
ethics hotline for guidance.

706
00:34:48,680 --> 00:34:49,820
JACK: What did
they tell you?

707
00:34:49,880 --> 00:34:52,300
JAMIE: That my safest course
of action was to do nothing.

708
00:34:53,390 --> 00:34:55,160
But I couldn't accept that.

709
00:34:55,820 --> 00:34:58,130
That's when I placed an anonymous
call to Andrew Wolinsky.

710
00:34:58,360 --> 00:34:59,840
JACK: What did
you tell him?

711
00:34:59,890 --> 00:35:01,960
(SIGHING) I didn't want
to implicate my client,

712
00:35:02,030 --> 00:35:05,500
but I wanted to give just enough
information to clear Mr. Dupree.

713
00:35:05,630 --> 00:35:08,880
So, I told Mr. Wolinsky that
Steven Dupree was innocent.

714
00:35:09,000 --> 00:35:12,580
I told him about the fence, Max
Bronstein, about the stolen jewelry.

715
00:35:12,970 --> 00:35:15,110
JACK: How did
Mr. Wolinsky respond?

716
00:35:15,280 --> 00:35:18,920
He took down Max Bronstein's
name, thanked me, and hung up.

717
00:35:18,980 --> 00:35:20,250
Did you follow up?

718
00:35:20,310 --> 00:35:24,260
Yes. A few weeks later, after
Mr. Dupree's case had proceeded to trial,

719
00:35:24,320 --> 00:35:26,820
I called
Mr. Wolinsky again.

720
00:35:26,890 --> 00:35:30,330
I remember it was the day just
before the summations. August 20th.

721
00:35:30,420 --> 00:35:34,670
Did you know that by that time Dana
Hagen's bracelet had been recovered

722
00:35:34,730 --> 00:35:36,710
and traced to Max Bronstein?

723
00:35:36,760 --> 00:35:37,870
No.

724
00:35:37,930 --> 00:35:40,940
What did you tell
Mr. Wolinsky on August 20th?

725
00:35:41,000 --> 00:35:43,240
I repeated what I told
him the first time.

726
00:35:43,600 --> 00:35:46,140
I offered to give
him more information.

727
00:35:46,470 --> 00:35:48,080
I was ready
to go out on a limb.

728
00:35:48,140 --> 00:35:50,180
What did Mr. Wolinsky say?

729
00:35:52,050 --> 00:35:54,080
He said that he
was a very busy man.

730
00:35:54,550 --> 00:35:57,260
That it was a crime to provide
false information to the police.

731
00:35:57,880 --> 00:35:59,590
And then, he hung up on me.

732
00:36:00,220 --> 00:36:01,390
Thank you.

733
00:36:03,690 --> 00:36:06,830
Did you tape these calls?
Keep any phone records?

734
00:36:07,230 --> 00:36:08,500
No.

735
00:36:09,200 --> 00:36:10,570
So all we have is your word.

736
00:36:10,630 --> 00:36:13,410
Why would I admit violating
the code of conduct?

737
00:36:13,870 --> 00:36:15,110
Good question.

738
00:36:16,970 --> 00:36:19,080
Since you left the District
Attorney's Office,

739
00:36:19,140 --> 00:36:22,210
you've done pro bono work for the
Southern Poverty Law Center.

740
00:36:22,280 --> 00:36:23,520
Yes, some work.

741
00:36:23,580 --> 00:36:26,390
They're an anti-death penalty
advocacy group, aren't they?

742
00:36:26,450 --> 00:36:28,260
JAMIE: That's only one
aspect of their work.

743
00:36:29,020 --> 00:36:31,020
Are you opposed
to the death penalty?

744
00:36:31,080 --> 00:36:32,560
Objection. Relevance.

745
00:36:32,620 --> 00:36:33,790
Goes to credibility.

746
00:36:33,850 --> 00:36:36,600
Overruled. Answer her
question, Ms. Ross.

747
00:36:36,860 --> 00:36:38,860
Yes, I'm opposed
to the death penalty.

748
00:36:38,930 --> 00:36:40,530
Did you always feel this way?

749
00:36:40,590 --> 00:36:41,800
No.

750
00:36:42,100 --> 00:36:43,600
What changed your mind?

751
00:36:45,570 --> 00:36:49,040
When I worked at the D.A's office,
I saw the death penalty applied.

752
00:36:52,710 --> 00:36:54,650
A.D.A's are overworked.

753
00:36:54,910 --> 00:36:56,440
They're competitive.

754
00:36:56,580 --> 00:36:59,890
They often act out of their own
prejudices or personal hurts.

755
00:36:59,950 --> 00:37:03,050
What they think the politics
demands They make mistakes.

756
00:37:03,150 --> 00:37:04,530
Errors of judgment.

757
00:37:05,620 --> 00:37:07,530
The death penalty is final.

758
00:37:07,820 --> 00:37:10,500
It eliminates any chance
of correcting those mistakes.

759
00:37:10,560 --> 00:37:11,830
How moving.

760
00:37:12,060 --> 00:37:15,340
And how fortunate you stumbled across
a perfect example of your thesis.

761
00:37:15,430 --> 00:37:19,400
I didn't make up what Michael Gordon told me.
I wouldn't lie.

762
00:37:19,570 --> 00:37:21,340
You're St. Joan
of Hogan Place.

763
00:37:21,400 --> 00:37:23,640
You are moved by a
call to a higher duty.

764
00:37:23,700 --> 00:37:26,050
It allows you to violate
Mr. Gordon's confidence.

765
00:37:26,110 --> 00:37:27,240
That's not what I meant.

766
00:37:27,310 --> 00:37:28,750
Why wouldn't it
allow you to lie?

767
00:37:28,810 --> 00:37:31,250
I didn't lie. You lied
to Michael Gordon.

768
00:37:31,310 --> 00:37:33,760
You told him you'd keep his
confidences, didn't you?

769
00:37:36,180 --> 00:37:37,290
Yes.

770
00:37:37,350 --> 00:37:38,490
You lie when it suits you.

771
00:37:38,850 --> 00:37:41,200
You change opinions
the way I change blouses.

772
00:37:41,250 --> 00:37:42,890
You flit from one
cause to another.

773
00:37:42,990 --> 00:37:44,090
Objection.
Why should we

774
00:37:44,160 --> 00:37:46,160
believe anything
you tell this court?

775
00:37:46,230 --> 00:37:48,170
Ms. Brolin, you
made your point.

776
00:37:49,860 --> 00:37:51,930
Then no more
questions, Your Honor.

777
00:37:54,970 --> 00:37:56,110
(SIGHING)

778
00:37:59,110 --> 00:38:01,610
I worked on the Hagen case
for nearly 18 months.

779
00:38:01,680 --> 00:38:03,710
I spoke with
dozens of witnesses,

780
00:38:03,780 --> 00:38:05,520
read over 100 police reports,

781
00:38:05,580 --> 00:38:08,120
and received I don't know
how many phone calls.

782
00:38:08,180 --> 00:38:12,250
But I don't remember getting any calls
like the ones Ms. Ross described.

783
00:38:12,320 --> 00:38:14,130
Did you receive
any tips at all?

784
00:38:14,190 --> 00:38:15,330
Not personally, no.

785
00:38:15,820 --> 00:38:17,060
But the police did.

786
00:38:17,120 --> 00:38:21,230
Cases like these always generate a
lot of tips, most of them false.

787
00:38:21,830 --> 00:38:25,740
If there had been any that led anywhere,
I'm sure the police would have told me.

788
00:38:26,400 --> 00:38:27,640
Now, Judge,

789
00:38:28,440 --> 00:38:30,750
as you sit here
today under oath,

790
00:38:31,470 --> 00:38:34,250
are you still convinced you put
the right man on death row

791
00:38:34,310 --> 00:38:35,810
for the murder of Dana Hagen?

792
00:38:36,540 --> 00:38:39,490
Yes. Without a doubt,
absolutely.

793
00:38:40,210 --> 00:38:41,350
Thank you.

794
00:38:46,550 --> 00:38:48,330
So I guess you
don't make mistakes.

795
00:38:48,390 --> 00:38:50,800
(SCOFFS) Not in this case, no.

796
00:38:51,390 --> 00:38:54,770
What about the bracelet that sat on a
shelf in the Bronx for four years?

797
00:38:55,100 --> 00:38:58,100
I was unaware of that until you
brought it to my attention.

798
00:38:58,160 --> 00:39:01,940
If you weren't aware, whose fault is that?
The police?

799
00:39:02,540 --> 00:39:03,980
I suppose so.

800
00:39:04,500 --> 00:39:06,750
If that lead wasn't followed,

801
00:39:07,170 --> 00:39:09,150
again, that's the fault
of the police?

802
00:39:09,280 --> 00:39:11,590
If it was a
legitimate lead, yes.

803
00:39:12,350 --> 00:39:14,290
It's up to them
to investigate it.

804
00:39:14,910 --> 00:39:19,420
But my guess is Mr. Dupree disposed of
the bracelet before he was arrested.

805
00:39:19,550 --> 00:39:22,760
But since the investigating detectives
didn't do their job, we'll never know.

806
00:39:22,820 --> 00:39:24,030
It's moot.

807
00:39:24,560 --> 00:39:27,130
Dupree was identified
by the victim's husband.

808
00:39:27,260 --> 00:39:29,800
As a former prosecutor,
you're aware of the studies

809
00:39:29,860 --> 00:39:32,210
documenting the unreliability
of eyewitnesses?

810
00:39:32,270 --> 00:39:33,370
Yes.

811
00:39:33,430 --> 00:39:36,900
JACK: Mr. Hagen got a quick glimpse
of the suspect on a dark street.

812
00:39:37,040 --> 00:39:38,810
He might have
been mistaken, yes?

813
00:39:38,870 --> 00:39:40,150
It's possible.

814
00:39:40,310 --> 00:39:43,780
But you're forgetting the fact that
Mr. Dupree offered to confess.

815
00:39:43,840 --> 00:39:45,690
On the advice of his attorney,
and only if you took

816
00:39:45,750 --> 00:39:47,050
the death penalty
off the table.

817
00:39:47,150 --> 00:39:48,250
Yes.

818
00:39:48,310 --> 00:39:50,230
If it turns out
that he is innocent,

819
00:39:50,280 --> 00:39:51,890
his lawyer gave him bad advice.

820
00:39:52,650 --> 00:39:53,860
I'd say so.

821
00:39:54,150 --> 00:39:55,960
In the unlikely event
he's innocent.

822
00:39:56,020 --> 00:39:59,470
If he is, his conviction is the
result of terrible mistakes

823
00:39:59,530 --> 00:40:01,670
by the police,
by Mr. Hagen,

824
00:40:01,830 --> 00:40:03,710
by Dupree's attorney,
by Dupree himself.

825
00:40:03,760 --> 00:40:07,040
By everyone except you,
because you don't mistakes.

826
00:40:07,100 --> 00:40:09,580
Isn't that what you're saying?
No, no, no, no, no.

827
00:40:10,070 --> 00:40:12,570
If the evidence had been there,
I would have looked into it.

828
00:40:12,640 --> 00:40:15,710
You were afraid to. You were to
about deliver your summation.

829
00:40:15,780 --> 00:40:17,690
Dupree had to be your guy.

830
00:40:17,780 --> 00:40:19,620
That's not true.
Three days

831
00:40:19,680 --> 00:40:22,350
after Dupree was
sentenced to death,

832
00:40:22,420 --> 00:40:26,160
didn't you ask Adam Schiff to put
your name up for a judgeship?

833
00:40:28,150 --> 00:40:29,500
Yes or no?

834
00:40:29,890 --> 00:40:31,030
Yes.

835
00:40:31,120 --> 00:40:33,540
Dupree's conviction was
your ticket to the bench.

836
00:40:33,730 --> 00:40:34,870
No.

837
00:40:34,930 --> 00:40:38,100
Isn't that why you turned down
his offer of a confession?

838
00:40:38,160 --> 00:40:39,440
No.
Isn't that why

839
00:40:39,500 --> 00:40:41,410
you ignored
Ms. Rose's phone calls?

840
00:40:41,500 --> 00:40:44,180
ANDREW: No, I didn't... JACK:
Because it wasn't a mistake?

841
00:40:44,900 --> 00:40:48,370
You placed your ambition
above a man's life.

842
00:40:48,440 --> 00:40:51,480
I know down to my bones
that Steven Dupree is guilty.

843
00:40:51,540 --> 00:40:53,020
You'll never convince
me otherwise.

844
00:40:53,180 --> 00:40:54,950
We start second
guessing ourselves,

845
00:40:55,010 --> 00:40:57,930
pretty soon the public starts
second guessing the process.

846
00:40:57,980 --> 00:41:01,490
And society won't tolerate that.
It needs the certainty of justice.

847
00:41:01,550 --> 00:41:03,090
JACK: Your Honor...
You look at the facts,

848
00:41:03,160 --> 00:41:05,760
you decide on a course of action,
and then you stick to it.

849
00:41:05,890 --> 00:41:08,460
That is how
I work, Mr. McCoy!

850
00:41:10,160 --> 00:41:11,940
That is how we all work.

851
00:41:22,180 --> 00:41:24,090
JUDGE:
Given the record before me,

852
00:41:24,380 --> 00:41:27,520
I see no credible reason to
reject Ms. Rose's testimony.

853
00:41:27,580 --> 00:41:29,860
That being said, let me add,

854
00:41:30,280 --> 00:41:33,750
in the heat of atrial,
details can be overlooked.

855
00:41:34,290 --> 00:41:37,230
We all wish the
administration of justice

856
00:41:37,290 --> 00:41:39,930
could have been
more diligent. However,

857
00:41:40,530 --> 00:41:42,530
I see no evidence

858
00:41:43,130 --> 00:41:46,870
of a crucial element of a
crime of attempted murder.

859
00:41:47,070 --> 00:41:50,570
I see no evidence of intent.

860
00:41:50,940 --> 00:41:52,680
If Judge Wolinsky

861
00:41:52,770 --> 00:41:56,780
committed any wrong, it was a
crime of arrogance, not design.

862
00:41:57,880 --> 00:42:01,420
Therefore, I find insufficient evidence
to allow this matter to proceed.

863
00:42:01,480 --> 00:42:04,020
The charge is dismissed.
(BANGS GAVEL)

864
00:42:22,400 --> 00:42:24,750
Mr. McCoy, anywhere we can talk?

865
00:42:29,110 --> 00:42:30,990
What is it you
wanted to tell us?

866
00:42:31,040 --> 00:42:32,820
Bronx vice sent over
the hooker's bracelet

867
00:42:32,880 --> 00:42:34,220
in the middle
of Dupree's trial.

868
00:42:34,280 --> 00:42:36,020
I had it tested for prints.

869
00:42:36,080 --> 00:42:39,030
We found Max Bronstein
and Michael Gordon's.

870
00:42:39,520 --> 00:42:40,960
Did Wolinsky know?
Uh-huh.

871
00:42:41,020 --> 00:42:42,520
I showed him the report.

872
00:42:42,620 --> 00:42:44,470
He asked me if I still
thought Dupree did it.

873
00:42:44,520 --> 00:42:47,100
I... I told him I'd have a
hard time finding him guilty.

874
00:42:47,160 --> 00:42:48,700
Wolinsky said he wouldn't.

875
00:42:48,760 --> 00:42:50,140
CARMICHAEL:
What did you do?

876
00:42:50,200 --> 00:42:53,080
Wolinsky told me to wipe off the
bracelet and send it back to the Bronx.

877
00:42:53,170 --> 00:42:55,810
He wanted all copies
of the fingerprint report.

878
00:42:55,870 --> 00:42:59,080
And that's how the police screwed
up and let old Andy Wolinsky down.

879
00:42:59,810 --> 00:43:01,910
Did you keep
a copy of the report?

880
00:43:04,710 --> 00:43:07,490
No. But there was one
I couldn't get rid of.

881
00:43:09,280 --> 00:43:11,490
This report was
in Latent's files.

882
00:43:11,550 --> 00:43:13,000
Now it's in ours.

883
00:43:20,190 --> 00:43:22,760
You still want atrial, Mr. Gordon?
It's your right.

884
00:43:22,830 --> 00:43:26,940
Well, defense's exhibit one is
Steven Dupree's conviction.

885
00:43:27,000 --> 00:43:30,410
Which I guarantee will be voided by
the time your client comes to trial.

886
00:43:35,070 --> 00:43:38,680
The offer is still 25-to-life for
Dana Hagen and Martin Felder.

887
00:43:41,980 --> 00:43:45,790
I want to remind you you'll be facing
the death penalty for Martin Felder.

888
00:43:49,190 --> 00:43:50,330
I'll take it.

889
00:43:54,330 --> 00:43:56,000
I'll do the quarter.

890
00:44:10,080 --> 00:44:11,560
Gordon pleaded out.

891
00:44:12,150 --> 00:44:13,390
I heard.

892
00:44:15,280 --> 00:44:18,790
We re-filed against Wolinsky.
Let's see what happens.

893
00:44:22,060 --> 00:44:24,430
The committee
ask you to testify?

894
00:44:25,430 --> 00:44:26,630
No.

895
00:44:30,600 --> 00:44:33,080
(SIGHING) Last time I was
here, it wasn't by choice.

896
00:44:33,130 --> 00:44:35,130
I hated the...
It's okay.

897
00:44:35,970 --> 00:44:38,610
Whatever you told them,
it softened the blow.

898
00:44:42,710 --> 00:44:44,550
Life's a funny old dog, isn't it?
(CHUCKLES)

899
00:44:49,050 --> 00:44:50,820
I'm scared, Jack.

900
00:44:51,950 --> 00:44:53,690
I love the law.


