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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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Who needs more wine
and cheese parties?

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What the board should spend our
money on is better elevators.

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Well, I like wine
and cheese parties.

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I get to meet the neighbors.

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Why do you want to meet them?
You have me and Charlotte.

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You work all the time.

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I go crazy talking
to Charlotte all day.

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You can call me, Claudia.

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Look at these stairs.

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Somebody spilled something
and didn't clean it up.

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Look, it's everywhere. This is what
they should spend our money on.

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Chris, I think it's blood.

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What?

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Claudia, hand me
the cell phone.

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ED: You canvass
the tenants?

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Uh-huh. Nobody's
missin' a guest.

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But we found a guy who saw somebody
outside the building around 9:00

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matching the
victim's description.

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What was this somebody doing?

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He was lurking.
Tenant's exact words.

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Lurking. You ever actually
see anybody lurk?

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Bela Lugosi. That guy
could really lurk.

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So how'd this guy get in?

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Super figures he snuck in when
he was taking out the garbage.

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Well, boys and girls,
what's today's special?

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OFFICER: Male white,
60 to 70.

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Blunt force trauma to the head.

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Looks like he took a
header down the stairs.

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Slip and slide?

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No, he had a lending hand.

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He's got scratches on his face, his hands.
Overcoat's torn.

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You check his pockets?

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No ID, no wallet.

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Nine bucks in loose bills.
Key ring. That's it.

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Get a team and
search the building.

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His clothes have got
some miles on them.

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Shirt's from Bergstrom's
custom tailor.

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Sleeves are frayed. He's got
a monogram on it. "R.O.T."

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Looks like the old boy
hit some hard times.

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Figure him for a vagrant, looking
for a warm place to sleep.

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Well, he found it.
(SIGHS)

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I can't say.

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Maybe if he didn't look so bad.

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His shirt was monogrammed
on the right sleeve.

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R-O-T.

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I'd have to check.
Can you come back?

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Hey, we're not
orderin' suits here.

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We need what we need now.

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Ooh! This is nice.

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Hey, how much is this?

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Five thousand.

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BRISCOE: For a suit?

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For a jacket.

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One good hand.

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Hey, I found him.
Roger Thorne.

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Last time he was in
here was a year ago.

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I'm sorry,
I don't recognize him.

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What about the shirt?

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Something special about it?

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It's got your monogram on it.

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No kidding.
Talk about irony.

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This is funny to you?

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I took my website public
January 10th.

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January 11th, I threw away all
my suits and collared shirts.

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Never been happier.

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This poor guy, on the other
hand, wearing my old shirt.

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The clothes, when you threw them
away, what'd you do with them?

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The Salvation Army Store
on 72nd picked them up.

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Mmm-hmm. He used to come in here
every month for some years.

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Old man on a pension.

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You know his name?
Mr. Whitman.

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Usually paid cash.

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What did he die from?

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Taking a header. You
know where he lived?

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Oh, no. He hasn't been
around for a few months.

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Not since he
passed a bad check.

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Do you still have the check?
Got a photocopy.

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We'll take it.

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Hey, do you know anything about
this guy besides his name?

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I think he was
a retired professor.

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He always carried
this satchel with him,

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stuffed with newspaper
articles and books.

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He said he spent a lot of time
in the library doing research.

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Research on what?

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Check kiting.
Who knows?

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Here we go.

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Samuel Whitman.
245, West 41st Street.

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I rented Sam a room in my
apartment for a couple of years.

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I had to kick him out
last summer.

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He wasn't paying his share.

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He have any family?

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Ex-wife. Couple of
kids he never saw.

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What about friends,
like over on East 63rd?

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That's where we found him.

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I didn't know his friends.

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I never heard him
mention that he had any.

102
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Where'd you know him from?

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Nowhere. I put up a "Room to Rent" sign.
He saw it. He came in.

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He give any references?

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(CHUCKLES) Yeah. Ben
Franklin, five times.

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First month's and
a cleaning deposit.

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ED: After you evicted him,
where'd he go?

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Don't know.

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What about his mail?
Where'd you forward it?

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I don't. He doesn't
get any mail.

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Oh, God, this guy's
breaking my heart.

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I might have felt
sorry for him too,

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except he started driving me crazy
with his bitching and moaning.

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ED: About what?
The CIA, the Navy.

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Said they killed his son.

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The M.E. ran a tox
screen on Whitman.

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There were no traces of anti-psychotic
drugs, no anti-depressants.

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The man wasn't being medicated.

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So his rantings about the CIA?

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Probably not delusional.

121
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Or he hadn't popped up
on the shrink radar yet.

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You give the apartment
building another shakedown?

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BRISCOE: Yeah. Nobody but
nobody says they knew the guy.

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We even checked past tenants.

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Employees? Former employees?
You give them a good look?

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We went back five years. We
can go back 10 if you want.

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What I want is for you to tell me
what he was doing in that building.

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How about his kids?

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We're working on 'em.

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You know how many Whitmans there
are in the Social Security rolls?

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I'm sure you'll figure it out.

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The search team found this in
a dumpster near the building.

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S.C.W. Sam Whitman.

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Pencils and pens, Kleenex.

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"Directory of Government
Phone Numbers."

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"Central Intelligence
Agency field report."

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Hmm. This looks like a
twentieth-generation photocopy.

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Except for a few commas,
all the text is blacked out.

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VAN BUREN: Here's a bill for
a mailbox at Postal Place.

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Go see what's in it.

141
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I don't know if I can do that.
It's a federal offense, yeah?

142
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Only if we open it, which
we promise we won't.

143
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Thanks. We'll take it
from here.

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If you can get us
Mr. Whitman's home address?

145
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Okay, let's see.

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Journal of the Americas,
Latin American Review,

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Foreign Affairs Quarterly.

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Covert Action Policy Review.

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<i>CounterPunch</i> newsletter.

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Here's something I can relate to.
A phone bill.

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"Return to Sender, Moved,
No Forwarding Address."

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The letter's addressed to Captain
Ed Albrecht, United States Navy.

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Retired, Atlanta.

154
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Fellow conspiracy buff?

155
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Mr. Whitman's address.

156
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Mattawin Hotel.
I wrote it out for you.

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ED: Thank you.

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Cozy

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Seein' as the old guy's
dead, it's all yours.

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He have many visitors?

161
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Never seen anybody
come up here.

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BRISCOE: Hey, Ed.

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"Chilean Socialist Government
Overthrown by Army."

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"President Allende
Killed in Coup."

165
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"General Pinochet
takes control."

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"September, 1973."

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ED: "American College
Student Missing in Chile."

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"Jason Whitman, 22, of New York City
tortured and shot at close range."

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More top secret stuff from the
Freedom of Information Office.

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"Three days before
his disappearance,"

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"Jason Whitman was seen in the company of U.S.
Naval Attache..."

172
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The name's blacked out.

173
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Captain Albrecht,
formerly of Atlanta?

174
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If he had anything to do with killing
this man's kid, he'd better run.

175
00:08:05,710 --> 00:08:07,490
Twenty-seven years
later or not.

176
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Nobody named Albrecht ever lived in
the building where Whitman was found.

177
00:08:14,190 --> 00:08:15,570
Maybe he got the wrong address.

178
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Someone in there killed him.

179
00:08:16,990 --> 00:08:18,630
Well, we ruled out hired help.

180
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The building employees and the
domestics all checked out.

181
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Did you run down the address
on Whitman's letter?

182
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It's an apartment complex.

183
00:08:24,900 --> 00:08:26,900
Edwin Albrecht moved
out about a year ago.

184
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He was admitted into a VA hospital
last year with lung cancer.

185
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He died six weeks ago.

186
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Next of kin?

187
00:08:32,640 --> 00:08:35,280
There was nobody named. His wife's
dead, there's no children listed.

188
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He's buried in a VA cemetery
outside of Atlanta.

189
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A lonely old soldier.

190
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Lonely, maybe.
He was only 59.

191
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(PHONE RINGING)

192
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Van Buren.

193
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Right. Thank you.

194
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Sam Whitman's daughter is
in town to claim his body.

195
00:08:57,800 --> 00:09:00,510
Please thank your lieutenant
for making the arrangements.

196
00:09:01,200 --> 00:09:03,680
My mother and I are going to have
my dad buried next to my brother.

197
00:09:04,540 --> 00:09:06,140
BRISCOE: We found some
newspaper clippings

198
00:09:06,210 --> 00:09:08,280
about your brother
in your dad's apartment.

199
00:09:09,580 --> 00:09:11,560
Jason's death
tore our family apart.

200
00:09:11,610 --> 00:09:13,060
My mom and dad split up.

201
00:09:13,110 --> 00:09:15,090
He kept drifting
from job to job.

202
00:09:15,680 --> 00:09:17,060
It was like his heart
was ripped out of him.

203
00:09:18,090 --> 00:09:19,500
What can you tell us
about what happened?

204
00:09:20,160 --> 00:09:22,230
He was murdered by
the Chilean military.

205
00:09:23,320 --> 00:09:26,460
And Dad was obsessed with finding
out who was responsible.

206
00:09:26,960 --> 00:09:28,370
ED: Did he ever say
who it was?

207
00:09:28,800 --> 00:09:29,800
Pinochet.

208
00:09:30,400 --> 00:09:33,170
And he thought that people from the U.S.
were involved.

209
00:09:34,500 --> 00:09:37,780
Did he ever mention a Naval
Captain named Albrecht?

210
00:09:38,110 --> 00:09:40,280
We think he was looking for
him the night he was killed.

211
00:09:40,780 --> 00:09:42,690
No, he never mentioned
that name, but,

212
00:09:42,740 --> 00:09:45,160
you know, I called my
dad a few weeks ago,

213
00:09:45,210 --> 00:09:47,060
and he sounded really upbeat.

214
00:09:47,650 --> 00:09:51,190
He said that pretty soon the truth about
Jason's death was going to come out.

215
00:09:52,190 --> 00:09:55,330
I took it as another one
of my dad's false hopes.

216
00:09:58,560 --> 00:10:01,170
Can you excuse me?
I need to call my mother.

217
00:10:01,230 --> 00:10:02,570
Sure.

218
00:10:06,100 --> 00:10:07,380
(SIGHS)

219
00:10:07,440 --> 00:10:10,140
I think it's time we honed in
on this Albrecht character.

220
00:10:10,240 --> 00:10:12,780
Let's check the IUDs for every
apartment in that building.

221
00:10:13,210 --> 00:10:14,620
That's about
200 phones, Lennie.

222
00:10:15,010 --> 00:10:17,460
Maybe we can connect one
of them to the VA hospital

223
00:10:17,510 --> 00:10:19,550
or to Albrecht's
Atlanta address.

224
00:10:22,220 --> 00:10:24,320
I get the feeling
we're chasing ghosts here.

225
00:10:24,390 --> 00:10:26,160
They seem real enough to me.

226
00:10:27,690 --> 00:10:31,140
A resident named Kevin Morse
made an overseas call to

227
00:10:31,230 --> 00:10:34,830
country code 56, city code 2.

228
00:10:35,030 --> 00:10:36,270
That's not Atlanta.

229
00:10:36,830 --> 00:10:39,540
Santiago, Chile, two weeks ago.

230
00:10:44,740 --> 00:10:46,240
(PHONE LINE RINGING) Por favor.

231
00:10:52,350 --> 00:10:54,760
Let me guess. Voice
mail hell, in Spanish.

232
00:10:55,150 --> 00:10:56,150
Hola.

233
00:10:58,090 --> 00:10:59,760
Chilean Army Headquarters.

234
00:11:00,460 --> 00:11:02,800
What's this guy Morse doing
calling the Chilean Army?

235
00:11:06,790 --> 00:11:09,540
Two weeks ago, my window
frames were being replaced.

236
00:11:09,630 --> 00:11:11,610
There were four Spanish
guys up here working.

237
00:11:11,870 --> 00:11:13,140
Did you let them
use your phone?

238
00:11:13,370 --> 00:11:14,470
We aren't here during the day.

239
00:11:14,640 --> 00:11:16,640
There's supposed to be somebody
from the managing agent with them

240
00:11:16,700 --> 00:11:17,880
so things like that
don't happen.

241
00:11:18,540 --> 00:11:20,990
BRISCOE: You mind tellin' us
where you were Tuesday night?

242
00:11:21,040 --> 00:11:23,520
Here, with my wife and daughter.
Never left the house.

243
00:11:23,910 --> 00:11:25,760
Do you know anybody
named Edwin Albrecht?

244
00:11:26,010 --> 00:11:27,320
No, I don't.

245
00:11:27,880 --> 00:11:29,120
Now, if you want to find
out about that call,

246
00:11:29,180 --> 00:11:30,530
you should ask those workers.

247
00:11:30,590 --> 00:11:31,960
Thanks.

248
00:11:33,660 --> 00:11:36,500
Let's find out who's sellin'
window frames in Santiago.

249
00:11:38,430 --> 00:11:41,600
After you phoned yesterday, I discussed
this matter with the Consul General.

250
00:11:42,460 --> 00:11:44,700
He would like to know if the
person who was called in Chile

251
00:11:44,970 --> 00:11:46,070
is your murder suspect.

252
00:11:46,130 --> 00:11:47,270
Why?

253
00:11:47,340 --> 00:11:50,340
Because we traced this call to a very
prominent figure in our country.

254
00:11:50,770 --> 00:11:54,150
Well, our suspect's an American.
But, who did the call go to?

255
00:11:54,480 --> 00:11:56,110
To Colonel Emilio Pantoya.

256
00:11:56,380 --> 00:11:58,480
Director of Intelligence
for Pinochet?

257
00:11:59,580 --> 00:12:01,820
From what I read, Pantoya's
practically a war criminal.

258
00:12:02,680 --> 00:12:04,030
Old history.

259
00:12:04,090 --> 00:12:05,660
Chile is a democracy now.

260
00:12:06,090 --> 00:12:07,570
Colonel Pantoya's a senator.

261
00:12:07,620 --> 00:12:09,260
Elected?
Appointed

262
00:12:09,890 --> 00:12:10,960
by our President.

263
00:12:11,230 --> 00:12:13,260
What business would an American
civilian have with him?

264
00:12:14,430 --> 00:12:16,970
It may have had something to do
with Colonel Pantoya's illness.

265
00:12:17,670 --> 00:12:19,910
He's here in New York
at Landis Hill Hospital.

266
00:12:23,640 --> 00:12:26,350
I have strict instructions.
No is one to see the Colonel.

267
00:12:26,440 --> 00:12:28,010
Is that for some sort
of medical reason?

268
00:12:28,140 --> 00:12:29,620
That's right.
He has kidney disease.

269
00:12:29,680 --> 00:12:31,210
His doctor won't return
until tomorrow.

270
00:12:31,280 --> 00:12:33,560
How about we just poke our heads in
and see if the Colonel's up to it?

271
00:12:33,620 --> 00:12:35,120
I'm sorry, I can't.

272
00:12:36,380 --> 00:12:37,390
Okay.

273
00:12:38,720 --> 00:12:39,720
Maybe you can help us.

274
00:12:40,190 --> 00:12:41,930
ORRA: So you don't have
to upset the Colonel?

275
00:12:41,990 --> 00:12:43,060
Yeah, right.

276
00:12:44,330 --> 00:12:45,900
Your boss know a Kevin Morse

277
00:12:46,330 --> 00:12:48,030
or a Captain Edwin Albrecht?

278
00:12:48,100 --> 00:12:49,370
I don't recognize those names.

279
00:12:49,430 --> 00:12:50,700
How about Sam Whitman?

280
00:12:52,330 --> 00:12:55,110
If the Colonel had contact with
these men, I would know this.

281
00:12:55,470 --> 00:12:58,610
So you see, you're
wasting your time here.

282
00:13:02,810 --> 00:13:05,550
Doctor comes in once a day,
he can't be all that sick.

283
00:13:05,910 --> 00:13:07,260
We ain't gettin' in there
without a warrant.

284
00:13:07,820 --> 00:13:10,630
But we know the call came
from Morse's apartment.

285
00:13:10,690 --> 00:13:12,030
He's not a government employee.

286
00:13:12,090 --> 00:13:14,900
Maybe he's got some past
connection to the military.

287
00:13:18,030 --> 00:13:22,030
Kevin Morse. Born 417166
in Danbury, Connecticut.

288
00:13:22,900 --> 00:13:25,970
Alumni scholarship to Annapolis,
brief tour in the Persian Gulf.

289
00:13:26,100 --> 00:13:27,240
How long was he in the Navy?

290
00:13:27,700 --> 00:13:29,880
Two years. He resigned
his commission.

291
00:13:30,170 --> 00:13:32,010
Why?
Doesn't say.

292
00:13:32,610 --> 00:13:34,810
We got his old man's name
from his rental application.

293
00:13:34,910 --> 00:13:36,720
You got anything for
a Franklin Morse?

294
00:13:41,320 --> 00:13:44,460
Born August 19th, 1942,
in Milwaukee.

295
00:13:44,520 --> 00:13:48,060
Drafted in '62, stationed with the
Third Infantry in West Germany.

296
00:13:48,120 --> 00:13:51,230
I thought Morse Junior was
second-generation Annapolis.

297
00:13:51,490 --> 00:13:53,900
All it says is Morse Senior
graduated high school.

298
00:13:54,700 --> 00:13:58,370
He was honorably discharged from
the Army and married in 1975.

299
00:13:58,430 --> 00:13:59,610
1975?

300
00:13:59,970 --> 00:14:02,500
His son Kevin was born nine
years before he was married?

301
00:14:02,900 --> 00:14:04,110
I'm just giving you
what's here.

302
00:14:04,810 --> 00:14:08,450
Do me a favor. Run a Naval
Captain Edwin Albrecht.

303
00:14:14,750 --> 00:14:17,200
Captain Edwin Albrecht
had one son.

304
00:14:17,420 --> 00:14:18,420
Kevin.

305
00:14:18,690 --> 00:14:20,860
He just happens to have
the same birth date as you.

306
00:14:22,520 --> 00:14:23,560
He was my father.

307
00:14:24,060 --> 00:14:25,260
Then why'd you lie about it?

308
00:14:25,630 --> 00:14:26,630
(STUTTERING) I'm sorry.

309
00:14:27,230 --> 00:14:29,830
When my mother remarried,
I took my stepfather's name.

310
00:14:30,100 --> 00:14:32,670
Whitman was obsessed
with finding your father.

311
00:14:33,200 --> 00:14:34,200
Is that why you killed him?

312
00:14:34,470 --> 00:14:35,470
My father's dead.

313
00:14:35,970 --> 00:14:37,570
So maybe Whitman
got obsessed with you.

314
00:14:37,640 --> 00:14:39,310
BRISCOE: It all stacks up
against you, Mr. Morse.

315
00:14:40,070 --> 00:14:41,850
Your father's posting
at the embassy in Chile.

316
00:14:41,910 --> 00:14:43,550
The death of Whitman's son
during the coup.

317
00:14:43,640 --> 00:14:46,120
The telephone call to
Chilean Army Headquarters.

318
00:14:46,680 --> 00:14:48,180
Maybe you better explain
what happened.

319
00:14:52,690 --> 00:14:55,500
When this Whitman
knocked on my door,

320
00:14:56,720 --> 00:14:58,430
I'd never laid eyes
on him before.

321
00:14:59,190 --> 00:15:00,830
He started raving
about a cover-up,

322
00:15:00,900 --> 00:15:02,500
demanding to
see Captain Albrecht.

323
00:15:03,160 --> 00:15:06,040
So I let him into the stairwell
so he wouldn't upset my family.

324
00:15:06,230 --> 00:15:08,340
So nobody could see you
beat the crap out of him.

325
00:15:08,400 --> 00:15:09,540
I didn't mean to hurt him...

326
00:15:10,000 --> 00:15:11,680
I told him that
my father was dead.

327
00:15:13,070 --> 00:15:15,210
He went into a rage. He
said he didn't believe me.

328
00:15:15,580 --> 00:15:16,580
He grabbed me.

329
00:15:17,110 --> 00:15:19,650
I fought him off
to try to protect myself.

330
00:15:20,580 --> 00:15:21,720
He slipped.

331
00:15:21,780 --> 00:15:22,920
He fell down the stairs.

332
00:15:23,720 --> 00:15:25,060
I swear it was an accident.

333
00:15:25,350 --> 00:15:27,420
Then why'd you try to get rid
of his satchel and his I.D.?

334
00:15:27,760 --> 00:15:29,130
Because I didn't think
anyone would believe me.

335
00:15:29,790 --> 00:15:30,860
So why should we?

336
00:15:32,290 --> 00:15:33,500
I was ashamed.
Why?

337
00:15:33,560 --> 00:15:35,170
Because you beat
an old man to death?

338
00:15:37,970 --> 00:15:39,000
Because of my father.

339
00:15:40,200 --> 00:15:41,650
What Whitman said was true.

340
00:15:42,300 --> 00:15:43,680
He killed Whitman's son?

341
00:15:47,210 --> 00:15:49,020
My father was drunk one night.

342
00:15:50,380 --> 00:15:53,520
He started bragging about how they'd
helped the Chileans murder an American.

343
00:15:53,880 --> 00:15:54,880
BRISCOE: They?

344
00:15:57,080 --> 00:15:58,290
Naval Intelligence.

345
00:15:59,190 --> 00:16:01,060
Your father said
he was involved?

346
00:16:04,260 --> 00:16:05,640
I didn't want to
believe it at first.

347
00:16:08,860 --> 00:16:12,610
American officers
killing an American.

348
00:16:18,010 --> 00:16:19,920
And then I killed his father.

349
00:16:24,050 --> 00:16:27,120
Morse says Pantoya was calling to
get in contact with his father.

350
00:16:27,280 --> 00:16:29,020
Morse called him back to tell
him his father was dead.

351
00:16:29,080 --> 00:16:30,080
You believe him?

352
00:16:30,150 --> 00:16:32,130
Hey, he's sittin' at home,
minding his own business.

353
00:16:32,190 --> 00:16:35,600
Whitman shows up and goes off on him about
something that happened 30 years ago.

354
00:16:35,920 --> 00:16:37,330
Any problems with
his confession?

355
00:16:37,460 --> 00:16:39,230
We got it all in writing
with a Miranda waiver.

356
00:16:39,390 --> 00:16:41,740
To tell you the truth, I think Morse
was happy to get it off his chest.

357
00:16:41,860 --> 00:16:44,280
Too bad he's the only one in
his family with a conscience.

358
00:16:44,670 --> 00:16:48,140
(SIGHS) Well, if you need
anything else, let us know.

359
00:16:53,040 --> 00:16:54,040
Man two?

360
00:16:54,810 --> 00:16:56,380
One to three.
I can live with that.

361
00:16:57,310 --> 00:16:58,920
Well, we can put
that one in the books.

362
00:17:00,080 --> 00:17:01,620
One down, one to go.

363
00:17:01,680 --> 00:17:02,680
(THUMPS TABLE)

364
00:17:07,590 --> 00:17:11,200
Captain Albrecht told his son he was
complicit in Jason Whitman's murder.

365
00:17:11,860 --> 00:17:14,170
We think it warrants
a federal investigation.

366
00:17:14,230 --> 00:17:15,330
We did some checking.

367
00:17:15,400 --> 00:17:18,070
Albrecht was nowhere near Chile
when the young man was killed.

368
00:17:18,570 --> 00:17:21,780
So what? He could have had accomplices.
Chilean nationalists.

369
00:17:21,840 --> 00:17:23,080
Aren't they in Santiago?

370
00:17:23,140 --> 00:17:25,050
Colonel Pantoya's
here in New York.

371
00:17:25,110 --> 00:17:27,810
Pantoya's a senator for life.
He has immunity.

372
00:17:27,880 --> 00:17:29,820
His own people don't
want to prosecute him.

373
00:17:29,910 --> 00:17:32,450
He was given immunity
to pacify the military

374
00:17:32,510 --> 00:17:34,790
so they wouldn't seize
power from his own people.

375
00:17:35,520 --> 00:17:37,220
The last thing the
Justice Department wants

376
00:17:37,290 --> 00:17:39,930
is to meddle in the internal
affairs of a sovereign country.

377
00:17:40,250 --> 00:17:42,860
It's a little late to be
repudiating the Monroe Doctrine.

378
00:17:43,290 --> 00:17:44,530
Why don't you
just look into it?

379
00:17:44,590 --> 00:17:45,940
It's not an American problem.

380
00:17:46,160 --> 00:17:47,830
A dead American
is not your problem?

381
00:17:49,530 --> 00:17:51,370
It's over and done
with, Mr. McCoy.

382
00:17:55,770 --> 00:17:58,010
Jason Whitman grew up
in Hell's Kitchen.

383
00:17:58,140 --> 00:18:00,920
Graduated from Power Memorial
on the Upper West Side.

384
00:18:01,110 --> 00:18:03,650
Lew Alcindor's old school. They
tore it down 15 years ago.

385
00:18:04,550 --> 00:18:06,420
It's time to let go, Jack.

386
00:18:06,480 --> 00:18:09,390
The Feds aren't interested.
There's little or no evidence.

387
00:18:09,520 --> 00:18:10,590
It's a dead end.

388
00:18:10,920 --> 00:18:11,950
This could have been me.

389
00:18:12,020 --> 00:18:14,590
I can't really picture you
with a Che Guevara look.

390
00:18:15,120 --> 00:18:17,470
You won't get your hands
on Pantoya again.

391
00:18:17,590 --> 00:18:19,660
Pantoya's 74 years old.

392
00:18:19,730 --> 00:18:22,140
Is that an affirmative
defense for mass murder?

393
00:18:22,400 --> 00:18:25,100
Chile's a democracy now. Maybe it's
time we stayed out of their business.

394
00:18:25,600 --> 00:18:27,380
That would have been good
advice for Jason Whitman.

395
00:18:27,600 --> 00:18:29,510
Hey, the kid
didn't deserve to die.

396
00:18:30,440 --> 00:18:32,440
Whitman had a girlfriend
who went with him to Chile.

397
00:18:32,510 --> 00:18:34,710
Let's see if we can find her.

398
00:18:35,180 --> 00:18:37,710
Jason and I fell in love
during my sophomore year.

399
00:18:38,050 --> 00:18:39,490
We spent the summer in Chile.

400
00:18:40,010 --> 00:18:41,430
What was the attraction,
Mrs. Benson?

401
00:18:42,750 --> 00:18:45,790
Jason and I were into the
socialists who'd just been elected.

402
00:18:45,850 --> 00:18:49,270
It sounds naive now, but the whole
world was changing before our eyes.

403
00:18:49,360 --> 00:18:50,770
We just wanted to
be a part of it.

404
00:18:51,360 --> 00:18:52,740
What did you do while
you were down there?

405
00:18:53,430 --> 00:18:57,340
Jason caught on as a stringer at one of
the leftist radio stations in Santiago.

406
00:18:58,330 --> 00:19:02,180
Did you ever come into contact with a U.S.
Naval Captain named Albrecht?

407
00:19:03,040 --> 00:19:05,280
We were in Valparaiso
right before the coup.

408
00:19:05,940 --> 00:19:08,320
There were U.S. warships
anchored offshore.

409
00:19:09,440 --> 00:19:11,510
We met Albrecht in a cantina.

410
00:19:12,250 --> 00:19:15,350
He gave us lift back to our friends'
house just outside Santiago.

411
00:19:16,320 --> 00:19:17,320
Americans?

412
00:19:17,520 --> 00:19:19,000
Tino and Elena Calderon.

413
00:19:19,650 --> 00:19:23,120
On the way there, he warned us that
we should get the hell out of Chile.

414
00:19:23,290 --> 00:19:24,860
So you got out
and Jason didn't.

415
00:19:25,130 --> 00:19:27,110
I begged Jason to come with me.

416
00:19:27,160 --> 00:19:29,640
He told me he'd be okay
at the Calderon's.

417
00:19:30,360 --> 00:19:32,000
He said not to worry.

418
00:19:32,100 --> 00:19:34,340
Nobody'd bother him
because he was American.

419
00:19:36,300 --> 00:19:37,480
Carrie and Jason.

420
00:19:39,670 --> 00:19:41,710
It reminds me of
a very bad time.

421
00:19:43,580 --> 00:19:45,850
I thought when I came to
this country I would forget.

422
00:19:47,280 --> 00:19:49,450
Why didn't your husband
emigrate here with you?

423
00:19:50,750 --> 00:19:52,320
Carrie didn't tell you?

424
00:19:52,990 --> 00:19:55,590
He was killed
by Colonel Pantoya.

425
00:19:56,160 --> 00:19:57,830
Could you tell us
how it happened?

426
00:20:00,130 --> 00:20:02,000
When General Pinochet
took over,

427
00:20:02,400 --> 00:20:04,100
Jason came to stay with us.

428
00:20:04,500 --> 00:20:05,770
But they found him anyway.

429
00:20:06,330 --> 00:20:07,810
JACK:
Do you know how?

430
00:20:09,700 --> 00:20:10,810
I'm sorry.

431
00:20:11,640 --> 00:20:14,450
We told Jason that he
should try to go back home.

432
00:20:15,580 --> 00:20:16,580
But he said no.

433
00:20:17,350 --> 00:20:18,980
He wanted to stay and help us.

434
00:20:20,850 --> 00:20:23,390
One night the soldiers
knocked down our door.

435
00:20:23,450 --> 00:20:24,450
La Guarda.

436
00:20:24,920 --> 00:20:26,260
Colonel Pantoya's men.

437
00:20:27,190 --> 00:20:28,260
Where did they take them?

438
00:20:28,660 --> 00:20:29,660
They just

439
00:20:29,760 --> 00:20:32,470
took them outside and
put them in the truck.

440
00:20:34,130 --> 00:20:35,540
I never saw Tino again.

441
00:20:36,760 --> 00:20:38,840
They never even brought
his body back to me.

442
00:20:44,210 --> 00:20:46,340
Subpoenaed files from our
friends at the Navy.

443
00:20:46,970 --> 00:20:49,180
Maybe we'll find out
if Albrecht was in Chile.

444
00:20:50,880 --> 00:20:52,290
I hope you know
what you're doin'.

445
00:20:53,810 --> 00:20:56,350
Captain Albrecht knew where
Jason Whitman was hiding.

446
00:20:56,420 --> 00:20:57,860
I think he dropped
the dime on him.

447
00:20:58,420 --> 00:20:59,830
It could have been
anyone, Jack.

448
00:20:59,890 --> 00:21:02,490
Then how do you explain
what Albrecht told his son?

449
00:21:04,590 --> 00:21:05,940
We're tilting at windmills.

450
00:21:06,160 --> 00:21:08,800
What windmills? Jason Whitman
was tortured and murdered.

451
00:21:08,930 --> 00:21:10,000
Over there.

452
00:21:10,060 --> 00:21:12,200
And I've got a flesh and
blood suspect right here.

453
00:21:13,230 --> 00:21:15,980
So now we claim jurisdiction for
every New Yorker that's killed?

454
00:21:16,100 --> 00:21:18,880
Well, if you're gonna get hung up on
a little thing like jurisdiction.

455
00:21:19,810 --> 00:21:20,810
(CARMICHAEL SIGHS)

456
00:21:21,410 --> 00:21:22,510
What?

457
00:21:23,380 --> 00:21:24,410
(SIGHS)

458
00:21:24,480 --> 00:21:25,860
Maybe I shouldn't
tell you this.

459
00:21:26,750 --> 00:21:29,090
Naval log from the day
Whitman was arrested.

460
00:21:29,780 --> 00:21:31,290
Captain Albrecht
was in New York

461
00:21:31,350 --> 00:21:34,030
at the UN to brief our delegation
to the Security Council.

462
00:21:35,160 --> 00:21:37,360
He and his aide were
registered at the Hilton.

463
00:21:37,660 --> 00:21:39,640
John Groban,
Lieutenant Junior Grade.

464
00:21:41,360 --> 00:21:42,360
Let's find him.

465
00:21:43,400 --> 00:21:46,040
Captain Albrecht was in the room
right next to me at the Hilton.

466
00:21:46,930 --> 00:21:49,310
The coup in Chile started
the night he flew in.

467
00:21:49,370 --> 00:21:54,080
I was juggling calls from
West-Pac, Naval Operations...

468
00:21:55,240 --> 00:21:57,150
Captain Albrecht make
any calls to Chile?

469
00:21:57,210 --> 00:21:58,280
Not while I was there.

470
00:21:58,950 --> 00:22:02,050
JACK: He ever mention a Chilean
Colonel named Pantoya?

471
00:22:04,250 --> 00:22:05,660
Actually, yeah.

472
00:22:06,690 --> 00:22:09,670
The night he went to the UN he had
me run out and send him a telex.

473
00:22:09,960 --> 00:22:11,300
Do you remember what it said?

474
00:22:11,360 --> 00:22:13,130
It was just an address

475
00:22:13,690 --> 00:22:15,000
and some initials.

476
00:22:15,060 --> 00:22:16,230
What initials?

477
00:22:18,330 --> 00:22:20,040
I'm pretty sure
it said J.W.

478
00:22:20,100 --> 00:22:22,140
You knew about this?
Why didn't you tell someone?

479
00:22:22,200 --> 00:22:23,200
I did.

480
00:22:23,800 --> 00:22:25,610
They already knew.

481
00:22:26,970 --> 00:22:28,820
The telex was
sent at 6:30 p.m.

482
00:22:28,880 --> 00:22:33,720
Four hours later, the National Guard rolled
up to the address Albrecht provided.

483
00:22:34,250 --> 00:22:37,090
A house outside Santiago
belonging to Tino Calderon.

484
00:22:37,350 --> 00:22:39,390
That's where they
arrested Jason Whitman.

485
00:22:40,490 --> 00:22:41,830
There's our jurisdiction, Adam.

486
00:22:41,890 --> 00:22:43,930
You couldn't let
sleeping dogs lie.

487
00:22:44,360 --> 00:22:46,700
I just got off the phone with
the Under Secretary of State.

488
00:22:47,230 --> 00:22:49,670
They heard about the files you
subpoenaed from the Navy.

489
00:22:49,730 --> 00:22:50,800
They're hopping mad.

490
00:22:50,870 --> 00:22:53,610
Whitman was set up from 6th
Avenue and 53rd Street.

491
00:22:53,670 --> 00:22:55,580
You were an A.D.A.
when they killed him.

492
00:22:56,040 --> 00:22:57,410
You can put Pantoya in it?

493
00:22:57,470 --> 00:23:00,540
The telex with Whitman's address
was sent directly to him.

494
00:23:01,010 --> 00:23:02,250
Oh, boy.

495
00:23:03,880 --> 00:23:06,420
We do this, all hell
breaks loose I know.

496
00:23:08,880 --> 00:23:09,880
Well?

497
00:23:13,750 --> 00:23:15,260
Vaya con Dios.

498
00:23:16,820 --> 00:23:18,800
(CHATTER ON POLICE RADIO)

499
00:23:20,260 --> 00:23:21,670
Stand aside, jefe.

500
00:23:24,300 --> 00:23:25,470
Yes?

501
00:23:26,570 --> 00:23:28,710
What is it? BRISCOE: You're
under arrest, Colonel.

502
00:23:29,370 --> 00:23:31,480
Arrest? What for?

503
00:23:31,670 --> 00:23:33,520
Conspiracy to commit murder.

504
00:23:33,570 --> 00:23:34,580
(SCOFFS)

505
00:23:35,440 --> 00:23:38,390
I'm sorry, my friend,
but I have immunity.

506
00:23:38,980 --> 00:23:40,120
Blanket immunity.

507
00:23:40,480 --> 00:23:44,020
Yeah, the same blanket you
put over Whitman's corpse?

508
00:23:44,120 --> 00:23:46,190
You have the right to remain silent.
Anything you say

509
00:23:46,250 --> 00:23:48,760
can be used against you. You
have the right to an attorney.

510
00:23:48,820 --> 00:23:50,230
If you do not have an attorney,

511
00:23:50,290 --> 00:23:51,600
one will be appointed to you.

512
00:23:52,160 --> 00:23:54,870
You have no idea what a headache
you've created for the administration.

513
00:23:54,930 --> 00:23:56,570
You're thumbing nose

514
00:23:56,630 --> 00:24:00,010
at the stated policy of not only this
president, but every president before him.

515
00:24:00,070 --> 00:24:01,140
Which is what?

516
00:24:01,570 --> 00:24:04,180
Giving aid and comfort
to tinhorn despots?

517
00:24:05,040 --> 00:24:07,520
It's an internal matter
for the Chilean people.

518
00:24:07,580 --> 00:24:11,960
Yeah, well, we don't see them falling
over themselves to do anything about it.

519
00:24:12,010 --> 00:24:13,620
Be that as it may,
Mr. Schiff,

520
00:24:13,680 --> 00:24:16,320
it's outside the purview
of your office. It is?

521
00:24:16,850 --> 00:24:18,230
A kid from the West Side?

522
00:24:18,290 --> 00:24:20,270
WHEELER: This isn't
neighborhood politics.

523
00:24:20,320 --> 00:24:21,800
You're screwing with
our national interest.

524
00:24:22,260 --> 00:24:23,960
Stupid me.

525
00:24:24,020 --> 00:24:27,940
I was under the impression that our
national interest was prosecuting people

526
00:24:28,000 --> 00:24:29,500
who murder our citizens.

527
00:24:30,060 --> 00:24:32,100
You won't do it, I will.

528
00:24:34,540 --> 00:24:35,780
We're filing an amicus brief

529
00:24:35,840 --> 00:24:38,840
in support of Colonel Pantoya's
motion to dismiss the indictment.

530
00:24:38,910 --> 00:24:40,080
Good for you.

531
00:24:48,750 --> 00:24:50,160
Just don't embarrass me.

532
00:24:53,220 --> 00:24:56,360
Everyone here agrees that Jason
Whitman was killed in Chile.

533
00:24:56,560 --> 00:24:59,090
Since no significant element of
that crime took place in New York

534
00:24:59,160 --> 00:25:01,000
or even on American soil...

535
00:25:01,060 --> 00:25:03,130
The information about
Jason Whitman's whereabouts

536
00:25:03,200 --> 00:25:06,580
was sent to Colonel Pantoya
by telex from a Midtown hotel.

537
00:25:06,900 --> 00:25:10,180
Under New York law, the
crime of conspiracy occurs

538
00:25:10,240 --> 00:25:12,880
where any element of the
conspiracy takes place.

539
00:25:12,940 --> 00:25:15,890
That telex isn't an element
of any murder conspiracy.

540
00:25:15,940 --> 00:25:18,320
Mr. McCoy cannot prove
that Captain Albrecht knew

541
00:25:18,380 --> 00:25:21,850
sending the information would
result in Jason Whitman's death.

542
00:25:21,920 --> 00:25:23,620
Your Honor, did Albrecht
think the Colonel

543
00:25:23,680 --> 00:25:25,630
was going to take Jason
out for a bowl ceviche?

544
00:25:25,690 --> 00:25:27,760
What are they gonna do?
Dig him up and ask him?

545
00:25:27,820 --> 00:25:30,630
They cannot prove intent.
No intent, no conspiracy.

546
00:25:30,790 --> 00:25:34,100
No conspiracy, Colonel Pantoya
goes home, no matter what crimes

547
00:25:34,160 --> 00:25:35,640
he might have
committed in Chile,

548
00:25:35,700 --> 00:25:38,180
where, by the way, he's
been granted full immunity.

549
00:25:38,230 --> 00:25:43,240
What that telex proves about Albrecht's
intent is an issue of fact for a jury,

550
00:25:43,300 --> 00:25:45,010
not an issue of law
for a judge.

551
00:25:46,070 --> 00:25:49,110
I've got to go with Mr. McCoy on
this, Mr. Chiles. I have no choice.

552
00:25:49,180 --> 00:25:50,590
Your motion to
dismiss is denied.

553
00:25:50,640 --> 00:25:54,090
Then, Your Honor, I ask that the charges
be set aside on humanitarian grounds.

554
00:25:54,150 --> 00:25:55,150
I have a report

555
00:25:55,220 --> 00:25:58,860
from three American doctors detailing
Colonel Pantoya's medical status.

556
00:25:58,920 --> 00:26:02,490
He has kidney disease, diabetes,
he suffered a stroke last year.

557
00:26:02,560 --> 00:26:07,530
His health is failing. Prosecuting this
sick old man serves no useful purpose.

558
00:26:07,590 --> 00:26:11,510
Your Honor, we prosecute criminals
who have cancer and AIDS.

559
00:26:12,170 --> 00:26:13,770
Why make an exception?

560
00:26:16,570 --> 00:26:19,110
I'll need a few days
to review these reports.

561
00:26:22,340 --> 00:26:23,950
I don't need this, Adam.

562
00:26:24,040 --> 00:26:25,990
That makes two of us.
Then rein him in.

563
00:26:26,810 --> 00:26:28,920
What's he doing chasing
murderers south of the border?

564
00:26:29,580 --> 00:26:31,260
Don't you give him
enough to do up here?

565
00:26:31,320 --> 00:26:32,350
(CLICKS TONGUE)

566
00:26:32,420 --> 00:26:33,830
What are you going to do?

567
00:26:33,890 --> 00:26:34,990
(SCOFFS)

568
00:26:35,060 --> 00:26:37,260
I can set free a mass murderer.

569
00:26:37,320 --> 00:26:39,770
I can set off
an international crisis.

570
00:26:41,500 --> 00:26:44,270
Adam, I have no illusions.
I am no John Sirica.

571
00:26:44,530 --> 00:26:46,770
I am not taking on
the President's men.

572
00:26:46,830 --> 00:26:49,970
Doesn't the Colonel have
a note from his doctors?

573
00:26:50,440 --> 00:26:51,940
Maybe get a second opinion.

574
00:26:52,040 --> 00:26:53,480
How does that get me
off the hook?

575
00:26:53,540 --> 00:26:57,010
If it's off the hook you want, you
should have stayed in municipal court.

576
00:26:58,350 --> 00:27:01,550
You told me once you want to do some good.
Here's your chance.

577
00:27:07,890 --> 00:27:10,770
MRS. WHITMAN: The first we heard
of it was on the evening news.

578
00:27:11,590 --> 00:27:14,330
They said there was fighting
down there in Chile,

579
00:27:14,430 --> 00:27:16,870
that the army had
killed the President.

580
00:27:17,200 --> 00:27:19,200
So, Sam, my husband,

581
00:27:19,670 --> 00:27:21,580
tried to call Jason.

582
00:27:21,640 --> 00:27:25,740
He got through to the hotel,
but Jason wasn't there.

583
00:27:26,410 --> 00:27:29,820
The hotel operator told him
that there were tanks

584
00:27:30,210 --> 00:27:31,990
and shooting in the streets.

585
00:27:32,050 --> 00:27:34,820
What did you and your husband do?
We waited.

586
00:27:35,480 --> 00:27:39,830
We were sure that Jason would
be okay like he'd always been,

587
00:27:40,320 --> 00:27:42,700
no matter what foolhardy
thing he did.

588
00:27:42,890 --> 00:27:45,200
Then we didn't hear
for three days.

589
00:27:45,560 --> 00:27:48,040
Sam called the American
embassy down there.

590
00:27:48,830 --> 00:27:50,710
We couldn't get
any information.

591
00:27:50,760 --> 00:27:53,210
Did you eventually find out
what happened to your son?

592
00:27:53,270 --> 00:27:54,270
Yes.

593
00:27:54,800 --> 00:27:59,680
We got an anonymous call from
someone in Chile. They said, um,

594
00:28:00,070 --> 00:28:04,580
they'd seen Jason alive
in this sports stadium

595
00:28:04,650 --> 00:28:07,560
where the army
put their prisoners.

596
00:28:07,920 --> 00:28:09,490
Sam took some money
from the bank.

597
00:28:09,550 --> 00:28:11,960
He was going to
bring Jason home.

598
00:28:14,220 --> 00:28:18,640
When he got to Chile, someone from the
embassy told him they'd found Jason,

599
00:28:18,690 --> 00:28:21,730
and they took Sam to
a police station and

600
00:28:23,500 --> 00:28:25,030
Jason was there,

601
00:28:27,270 --> 00:28:31,910
lying on a dirty floor with
other young people, dead.

602
00:28:33,070 --> 00:28:37,280
Sam could hardly recognize him.
He'd been beaten up,

603
00:28:37,340 --> 00:28:38,820
his whole face was...

604
00:28:39,850 --> 00:28:40,850
Um...

605
00:28:41,850 --> 00:28:43,850
They said that maybe

606
00:28:44,320 --> 00:28:48,130
the Communists had killed Jason
but Sam didn't believe them.

607
00:28:48,190 --> 00:28:49,720
What did your husband do?

608
00:28:50,090 --> 00:28:52,430
The embassy people told
him to go home, they said

609
00:28:53,530 --> 00:28:56,270
they would take care of
getting the body released.

610
00:28:58,530 --> 00:29:00,070
(STUTTERS)

611
00:29:00,130 --> 00:29:01,310
So,

612
00:29:03,570 --> 00:29:06,070
Sam came home by himself.

613
00:29:08,580 --> 00:29:10,950
Two months after that,

614
00:29:11,010 --> 00:29:14,390
they sent Jason home
in a wood box.

615
00:29:16,750 --> 00:29:18,350
His bones were broken.

616
00:29:19,520 --> 00:29:21,090
His private parts had

617
00:29:22,090 --> 00:29:24,470
burns from electric shocks.

618
00:29:24,520 --> 00:29:26,160
He had three

619
00:29:26,560 --> 00:29:28,670
bullet holes in
the back of his head.

620
00:29:33,100 --> 00:29:34,270
That man

621
00:29:36,770 --> 00:29:39,680
killed my little boy,
he killed my family.

622
00:29:44,980 --> 00:29:46,320
Thank you.

623
00:29:55,890 --> 00:29:58,100
I'm very sorry for your loss.

624
00:30:00,890 --> 00:30:05,170
While Jason was at NYU, he was arrested
a number of times, isn't that right?

625
00:30:06,100 --> 00:30:08,080
For demonstrating
against the Vietnam War.

626
00:30:08,140 --> 00:30:09,710
A lot of young people did that.

627
00:30:09,840 --> 00:30:11,870
I doubt many were
arrested six times,

628
00:30:11,970 --> 00:30:14,680
including once for throwing a
bottle at a police officer.

629
00:30:14,740 --> 00:30:17,280
My son collected food
for poor people.

630
00:30:17,610 --> 00:30:20,520
He helped underprivileged
children learn to read.

631
00:30:20,650 --> 00:30:23,960
And he participated in
violent demonstrations.

632
00:30:24,020 --> 00:30:25,430
Do you know what
he did in Chile?

633
00:30:25,720 --> 00:30:28,000
He had a summer job
at a radio station.

634
00:30:28,060 --> 00:30:29,630
Station FPG.

635
00:30:29,690 --> 00:30:32,900
In Spanish, those letters stand
for the Guevara Popular Front.

636
00:30:32,960 --> 00:30:35,270
You know who Che Guevara was?

637
00:30:35,360 --> 00:30:36,470
I'm not sure.

638
00:30:36,530 --> 00:30:38,700
He was a communist
revolutionary.

639
00:30:38,770 --> 00:30:40,510
He was a friend
of Fidel Castro.

640
00:30:40,570 --> 00:30:42,340
He went to Bolivia
to start a revolution.

641
00:30:42,400 --> 00:30:44,040
He killed innocent people.

642
00:30:44,100 --> 00:30:49,140
Jason wasn't like that.
He was just a big-hearted boy.

643
00:30:49,210 --> 00:30:53,990
A big-hearted boy with a taste for
violence and for communist rhetoric.

644
00:30:54,350 --> 00:30:57,420
A foolhardy boy who went to a foreign
country to preach revolution,

645
00:30:57,480 --> 00:30:59,230
just like his hero,
Che Guevara.

646
00:30:59,290 --> 00:31:00,320
Objection.

647
00:31:00,390 --> 00:31:03,270
Sustained. Dial it
down, Mr. Chiles.

648
00:31:05,660 --> 00:31:08,070
No further questions,
Your Honor.

649
00:31:11,530 --> 00:31:17,500
I was an accountant for the Agrarian
Reform Movement of President Allende.

650
00:31:17,870 --> 00:31:20,440
I was arrested four days
after the coup.

651
00:31:20,710 --> 00:31:24,020
I was taken to the National
Stadium in Santiago.

652
00:31:24,910 --> 00:31:26,790
What happened
once you got there?

653
00:31:26,850 --> 00:31:30,800
It was filled with thousands
of political prisoners.

654
00:31:30,850 --> 00:31:35,300
Many people I knew.
I met a young American,

655
00:31:35,660 --> 00:31:39,500
that boy, Jason Whitman.

656
00:31:40,630 --> 00:31:45,440
He had been interrogated by the
National Intelligence Directory.

657
00:31:45,830 --> 00:31:46,830
The DINA.

658
00:31:47,200 --> 00:31:49,440
A force commanded
by Colonel Pantoya.

659
00:31:49,500 --> 00:31:50,500
Yes.

660
00:31:51,770 --> 00:31:55,410
He had been beaten up
in the face and on his body.

661
00:31:56,380 --> 00:32:01,620
He tried to make jokes, but he was in
very much pain He was very frightened.

662
00:32:02,280 --> 00:32:05,020
There were many people
like him at the stadium.

663
00:32:05,090 --> 00:32:06,960
Many people who
had been tortured.

664
00:32:07,020 --> 00:32:08,690
What happened to him?

665
00:32:09,620 --> 00:32:13,440
Two days after I got there, the soldiers
came in the night and took him away.

666
00:32:13,560 --> 00:32:14,970
I never saw him again.

667
00:32:15,030 --> 00:32:18,070
McCOY: Were you also interrogated
by Colonel Pantoya's men?

668
00:32:18,800 --> 00:32:19,870
Yes.

669
00:32:19,970 --> 00:32:21,840
And what happened to you
in those interrogations?

670
00:32:21,900 --> 00:32:24,310
Objection. I don't see
the relevance in...

671
00:32:24,370 --> 00:32:26,440
I do. Overruled.

672
00:32:27,870 --> 00:32:29,440
Go ahead, Mr. Reyes.

673
00:32:31,480 --> 00:32:34,820
They hung me upside
down by my ankles

674
00:32:34,880 --> 00:32:36,880
and burned me with cigarettes.

675
00:32:38,420 --> 00:32:42,760
They put electrodes on my
tongue and my eyelids.

676
00:32:44,090 --> 00:32:45,700
They would not let me sleep.

677
00:32:47,490 --> 00:32:49,500
They tried to drown me.

678
00:32:49,560 --> 00:32:54,100
Three times they put a gun at my
head and pretended to shoot me.

679
00:32:55,600 --> 00:32:58,210
They did this to me
for two months.

680
00:32:58,270 --> 00:33:01,050
And you're positive that the
people who tortured you

681
00:33:01,110 --> 00:33:03,320
were under the command
of Colonel Pantoya?

682
00:33:03,910 --> 00:33:05,080
Yes.

683
00:33:05,880 --> 00:33:08,220
He visited the prison
many times.

684
00:33:09,350 --> 00:33:13,960
The man you laughed at, the man
hanging like a pig, it was me!

685
00:33:14,860 --> 00:33:18,200
Through my blood and my
tears, I saw you, Colonel.

686
00:33:23,200 --> 00:33:26,640
PANTOYA: There was war and
anarchy in my country.

687
00:33:26,700 --> 00:33:29,650
Allende and his
pack of communists

688
00:33:29,700 --> 00:33:32,710
were stealing private property,

689
00:33:32,770 --> 00:33:36,740
bankrupting the country with
their irresponsible ideas.

690
00:33:37,340 --> 00:33:40,350
Then we acted
to save the republic,

691
00:33:40,450 --> 00:33:44,550
and we acted with the support
of the American government.

692
00:33:45,290 --> 00:33:48,270
CHILES: Is it true that you imprisoned
the supporters of the Allende regime?

693
00:33:48,560 --> 00:33:51,000
Yes. To preserve
our democracy.

694
00:33:51,460 --> 00:33:53,840
Many of these prisoners
were tortured?

695
00:33:54,230 --> 00:33:56,260
Ah, well, they...
(EXCLAIMS)

696
00:33:56,330 --> 00:33:59,540
They were interrogated,
let's say, vigorously.

697
00:33:59,600 --> 00:34:01,910
I mean, these people were
very dangerous people.

698
00:34:01,970 --> 00:34:06,680
I mean, many of them belonged to
armed groups financed by Cuba

699
00:34:07,170 --> 00:34:08,380
and by the Soviet Union.

700
00:34:08,680 --> 00:34:10,520
Some of them were executed?

701
00:34:11,340 --> 00:34:17,120
Only the ones, uh, that were found guilty
of treason by a military tribunal.

702
00:34:19,850 --> 00:34:23,130
How do you explain
Jason Whitman's death?

703
00:34:24,460 --> 00:34:28,030
A mistake.
A regrettable mistake,

704
00:34:28,090 --> 00:34:30,570
during time of crisis.

705
00:34:30,930 --> 00:34:34,240
It was not sanctioned by me or
by anyone under my command.

706
00:34:35,540 --> 00:34:40,140
I am not stupid enough to pick
a fight with the United States

707
00:34:40,210 --> 00:34:42,190
by killing one of its citizens.

708
00:34:43,210 --> 00:34:44,950
Thank you, Colonel.

709
00:34:51,020 --> 00:34:53,550
Are you familiar with the
"Caravan of Death," Colonel?

710
00:34:53,790 --> 00:34:55,460
(SIGHS) I will not answer.

711
00:34:55,790 --> 00:34:58,430
It was a Chilean
military death squad

712
00:34:58,660 --> 00:35:02,440
that executed hundreds of political prisoners.
Isn't that right?

713
00:35:03,260 --> 00:35:05,470
I'm not responding to fables.

714
00:35:05,530 --> 00:35:07,210
Fables?
Yes.

715
00:35:07,270 --> 00:35:10,440
People's Fifty-eight.

716
00:35:10,700 --> 00:35:15,410
Colonel, according to these reports
from reputable human rights groups,

717
00:35:15,810 --> 00:35:18,880
over 4000 people disappeared
under your regime.

718
00:35:18,950 --> 00:35:22,590
Another 50,000 were
systematically tortured.

719
00:35:22,650 --> 00:35:26,390
Objection. Colonel Pantoya is not
on trial for these alleged crimes.

720
00:35:26,450 --> 00:35:30,660
Sustained. The jury will disregard.
Move it along, Mr. McCoy.

721
00:35:32,160 --> 00:35:34,700
We heard testimony
that Captain Albrecht

722
00:35:34,760 --> 00:35:37,240
telexed Jason Whitman's
whereabouts to you.

723
00:35:38,030 --> 00:35:39,340
What did you do
with that information?

724
00:35:39,400 --> 00:35:41,170
I will not answer.

725
00:35:42,340 --> 00:35:44,580
I have immunity
from my government.

726
00:35:44,640 --> 00:35:46,910
You had him executed,
didn't you?

727
00:35:46,970 --> 00:35:52,950
Who are you to judge what I
did in defense of my country?

728
00:35:53,080 --> 00:35:56,420
You had the planes, the tanks, the guns.

729
00:35:56,480 --> 00:35:57,790
What did Jason Whitman have?

730
00:35:58,220 --> 00:35:59,890
A tape recorder?

731
00:35:59,950 --> 00:36:01,690
If you go to a fox hunt,

732
00:36:02,990 --> 00:36:04,490
don't dress as fox.

733
00:36:07,230 --> 00:36:09,730
And Mrs. Whitman's
little boy

734
00:36:11,430 --> 00:36:12,880
went to Chile

735
00:36:13,730 --> 00:36:15,680
to help the communists

736
00:36:16,640 --> 00:36:18,580
destroy my country.

737
00:36:18,640 --> 00:36:20,550
JACK: So it's his
fault he's dead?

738
00:36:20,610 --> 00:36:21,710
PANTOYA:
I'm not answering.

739
00:36:22,110 --> 00:36:23,590
You broke his body,

740
00:36:24,610 --> 00:36:27,180
and then you put three bullets in his head.
Isn't that right?

741
00:36:28,220 --> 00:36:29,630
I have immunity.

742
00:36:29,680 --> 00:36:32,320
Not from these 12
people, Colonel.

743
00:36:32,650 --> 00:36:35,690
Your Honor, since the
witness refuses to testify.

744
00:36:35,760 --> 00:36:37,560
I move to strike
his entire testimony.

745
00:36:40,590 --> 00:36:42,010
Motion granted.

746
00:36:42,800 --> 00:36:45,830
The jury will disregard
Mr. Pantoya's testimony.

747
00:36:45,900 --> 00:36:47,780
JACK: Thank you,
Your Honor.

748
00:36:52,840 --> 00:36:55,450
Mr. Foreman, has the
jury reached a verdict?

749
00:36:56,040 --> 00:36:57,820
We have, Your Honor.

750
00:36:58,310 --> 00:37:00,620
BUSEY: Will the
defendant please rise.

751
00:37:01,310 --> 00:37:02,320
(WHISPERS)

752
00:37:04,020 --> 00:37:08,230
Your Honor, could my client be excused
from rising for reasons of health?

753
00:37:08,920 --> 00:37:11,300
No, no. I refuse.

754
00:37:12,190 --> 00:37:13,330
I can stand,

755
00:37:14,390 --> 00:37:15,460
but I refuse.

756
00:37:15,530 --> 00:37:17,670
Mr. Pantoya.
PANTOYA: I'm a Colonel

757
00:37:18,200 --> 00:37:19,970
and a Senator,

758
00:37:20,030 --> 00:37:23,480
and I do not recognize
your right to judge me.

759
00:37:24,540 --> 00:37:26,310
So I will not stand.

760
00:37:28,010 --> 00:37:29,750
Fine. Let him sit.

761
00:37:31,310 --> 00:37:32,650
Mr. Foreman,

762
00:37:32,850 --> 00:37:34,690
on the sole count
of the indictment,

763
00:37:34,750 --> 00:37:36,280
conspiracy in the first degree.

764
00:37:36,950 --> 00:37:38,220
How do you find?

765
00:37:38,290 --> 00:37:40,530
We the jury in the
above entitled action,

766
00:37:40,590 --> 00:37:45,060
find the defendant, Emilio
Sandoval Amando Pantoya

767
00:37:45,130 --> 00:37:46,470
guilty,

768
00:37:46,530 --> 00:37:47,940
(PEOPLE MURMURING)

769
00:37:54,230 --> 00:37:55,840
(SIGHS)

770
00:37:56,900 --> 00:38:00,480
ADAM: This is my favorite.
"Jury Fries The Colonel."

771
00:38:00,540 --> 00:38:01,580
(LAUGHS)

772
00:38:03,380 --> 00:38:05,520
If I didn't know better,
I'd offer you a drink.

773
00:38:05,610 --> 00:38:07,320
We'll see how it
does on appeal.

774
00:38:07,380 --> 00:38:10,020
Try to enjoy something
while it lasts.

775
00:38:10,180 --> 00:38:12,250
I'm happy about the verdict
but, by all rights,

776
00:38:12,320 --> 00:38:15,560
Pantoya should been tried
by a jury of his peers.

777
00:38:15,620 --> 00:38:18,260
By his fellow countrymen,
in a Chilean court.

778
00:38:18,890 --> 00:38:20,840
Murder is murder, wherever.

779
00:38:21,930 --> 00:38:24,600
(KNOCK ON DOOR) As long as
justice gets done. Yes?

780
00:38:24,800 --> 00:38:26,840
If you think you heard
a shoe drop, you did.

781
00:38:26,900 --> 00:38:28,000
(SIGHS)

782
00:38:28,070 --> 00:38:30,140
Thanks to our friends in the
Attorney General's Office,

783
00:38:30,200 --> 00:38:33,710
Pantoya's gotten himself an emergency
expedited hearing before the Supreme Court

784
00:38:33,770 --> 00:38:35,380
on a writ of habeas corpus.

785
00:38:35,440 --> 00:38:36,790
Of course.

786
00:38:37,810 --> 00:38:39,450
You don't really think
that the right wing

787
00:38:39,510 --> 00:38:41,690
of the Supreme Court is going
to let you get away with this?

788
00:38:41,750 --> 00:38:44,390
Not to mention Madam
Justice from Arizona.

789
00:38:44,580 --> 00:38:46,390
She isn't in anybody's pocket.

790
00:38:46,590 --> 00:38:50,330
Fine. One wild card. Not much
to hang your reputation on.

791
00:38:50,390 --> 00:38:52,530
You let us worry
about our reputation.

792
00:38:52,760 --> 00:38:55,930
Hmm. I'm thinking about
Adam Schiff's reputation.

793
00:38:56,500 --> 00:38:57,630
You in lose in D.C.,

794
00:38:57,700 --> 00:38:59,340
and how long do you think it'll
take the voters to realize

795
00:38:59,400 --> 00:39:02,680
what a massive waste of time
and resources this has been?

796
00:39:02,940 --> 00:39:06,650
What damage has been done to the credibility
of the District Attorney's Office?

797
00:39:06,710 --> 00:39:09,150
And they will take it
out on him, McCoy.

798
00:39:09,780 --> 00:39:13,220
You asked for this meeting You got
anything besides the guilt trip?

799
00:39:13,280 --> 00:39:16,730
Agree to probation. You make
your point, you save face,

800
00:39:16,780 --> 00:39:18,350
Colonel Pantoya goes home.

801
00:39:18,920 --> 00:39:21,360
I might as well spit
in the jury's eye.

802
00:39:22,260 --> 00:39:24,100
I'd rather have an acquittal

803
00:39:24,160 --> 00:39:25,800
than give your
client probation.

804
00:39:26,930 --> 00:39:28,410
Fine.

805
00:39:32,570 --> 00:39:33,570
(DOOR SHUTS)

806
00:39:33,630 --> 00:39:35,610
Probation would at least
preserve the verdict.

807
00:39:35,840 --> 00:39:37,040
You'd win on principle.

808
00:39:38,240 --> 00:39:40,580
I'll remember that the next time
you push for the death penalty.

809
00:39:41,510 --> 00:39:43,040
Well, then, maybe
I've misunderstood.

810
00:39:43,110 --> 00:39:44,680
I thought this case
was about principle

811
00:39:44,740 --> 00:39:46,950
because it certainly
not been about the law.

812
00:39:47,010 --> 00:39:48,920
You don't think I've followed
the letter of the law?

813
00:39:49,020 --> 00:39:51,520
I think you've skated on
the thin edge of the page.

814
00:39:51,580 --> 00:39:53,760
Maybe it's time to take your
winnings off the table.

815
00:39:53,820 --> 00:39:55,160
We haven't won anything yet.

816
00:39:56,590 --> 00:39:57,860
(SIGHS)

817
00:39:57,920 --> 00:39:59,960
Guess we go to Washington.

818
00:40:06,200 --> 00:40:08,300
Upholding the conviction
of Colonel Pantoya

819
00:40:08,370 --> 00:40:09,680
would fly in the face
of the immunity

820
00:40:09,740 --> 00:40:11,440
granted him by the very people

821
00:40:11,500 --> 00:40:14,040
he allegedly oppressed
and tortured.

822
00:40:14,240 --> 00:40:16,850
If a state such
as Iraq or Libya

823
00:40:16,910 --> 00:40:19,360
were to grant immunity
to a criminal,

824
00:40:19,410 --> 00:40:21,190
must we be bound by it?

825
00:40:21,250 --> 00:40:24,320
Madam Justice, Chile is not
a renegade terrorist state.

826
00:40:24,720 --> 00:40:26,590
Its present government
was democratically elected

827
00:40:26,650 --> 00:40:29,100
and it is an ally
to the United States.

828
00:40:29,220 --> 00:40:31,070
The prosecution of
former ministers

829
00:40:31,120 --> 00:40:33,630
of a sovereign state for
transgressions committed in Chile

830
00:40:33,690 --> 00:40:36,500
would violate treaties
between our countries.

831
00:40:36,560 --> 00:40:39,070
It trespasses on the
constitutional powers

832
00:40:39,170 --> 00:40:42,270
of our executive branch
to conduct foreign policy.

833
00:40:42,340 --> 00:40:46,310
But, Mr. Chiles, if a jurisdictional
nexus has been established,

834
00:40:46,770 --> 00:40:51,920
why should the prosecution of serious
crimes become hostage to foreign policy?

835
00:40:51,980 --> 00:40:56,520
If this conviction stands, it
will be end of foreign policy.

836
00:40:57,220 --> 00:41:00,100
Imagine our President, while on
a visit to a foreign country,

837
00:41:00,150 --> 00:41:02,500
being arrested on
warrant issued by China

838
00:41:02,560 --> 00:41:04,760
for the bombing of their
embassy in Serbia.

839
00:41:04,820 --> 00:41:06,530
Or a former Secretary of State

840
00:41:06,590 --> 00:41:10,410
being tried in Cambodia for the killing
of civilians during the Vietnam War.

841
00:41:10,530 --> 00:41:13,530
This conviction would
legitimize such prosecutions.

842
00:41:13,600 --> 00:41:17,740
How could any President conduct foreign
policy under these circumstances?

843
00:41:17,940 --> 00:41:21,680
Only the narrowest reading of
jurisdictional statutes must apply.

844
00:41:22,040 --> 00:41:24,580
The sovereignty of democratically
elected governments

845
00:41:24,640 --> 00:41:28,250
in judicial manners
must be respected.

846
00:41:28,680 --> 00:41:31,060
The alternative is anarchy,

847
00:41:31,120 --> 00:41:33,650
under the guise of
criminal prosecution.

848
00:41:34,050 --> 00:41:36,900
CHIEF JUSTICE: Thank you, Mr. Chiles.
Mr. McCoy.

849
00:41:40,730 --> 00:41:43,260
Thank you, Mr. Chief Justice.
May it please the Court.

850
00:41:45,300 --> 00:41:48,800
Man has only the
rights he can defend.

851
00:41:49,870 --> 00:41:52,180
Our most basic right is life.

852
00:41:53,470 --> 00:41:55,980
It's enshrined, not only
in our Constitution,

853
00:41:56,040 --> 00:41:58,350
but in the charter of
the United Nations.

854
00:41:58,410 --> 00:42:03,360
The prohibition against taking a life
is found in our most ancient texts

855
00:42:03,420 --> 00:42:05,950
and in the statutes
of every nation.

856
00:42:06,450 --> 00:42:07,800
Every murder,

857
00:42:07,850 --> 00:42:11,860
whether in Brooklyn,
Santiago, Rwanda or Kosovo

858
00:42:12,830 --> 00:42:16,300
demands punishment by whatever
legal means possible.

859
00:42:16,530 --> 00:42:20,740
Otherwise, the right to life
is just an empty promise.

860
00:42:20,800 --> 00:42:24,910
But, Mr. McCoy, doesn't using
a jurisdictional fig leaf

861
00:42:25,100 --> 00:42:29,020
to propel prosecution undermine
the statutes you refer to?

862
00:42:29,110 --> 00:42:30,820
On the contrary, Madam Justice.

863
00:42:30,880 --> 00:42:34,290
Timidity in the pursuit of
murderers is no virtue.

864
00:42:34,750 --> 00:42:39,560
The Founding Fathers affirmed
life as an absolute right.

865
00:42:40,020 --> 00:42:42,590
If the laws protecting that
right are to have any meaning,

866
00:42:42,660 --> 00:42:45,160
they must be given the
broadest interpretation.

867
00:42:45,360 --> 00:42:47,930
What about the
appellant's contention

868
00:42:47,990 --> 00:42:51,740
that upholding this conviction
would open a Pandora's box

869
00:42:52,070 --> 00:42:54,880
and hinder the conduct
of our foreign policy.

870
00:42:54,930 --> 00:42:57,010
The precedent has
already been set.

871
00:42:57,100 --> 00:42:59,610
Heads of state can be
tried for war crimes.

872
00:42:59,840 --> 00:43:02,340
An American President
sent the Marines to Panama

873
00:43:02,410 --> 00:43:05,360
to arrest President Noriega
for drug smuggling.

874
00:43:06,010 --> 00:43:08,750
And if this case gives
our own leaders pause

875
00:43:08,950 --> 00:43:11,260
before they drop
a load of napalm

876
00:43:11,320 --> 00:43:14,820
on a village full of children
in a neutral country,

877
00:43:14,890 --> 00:43:16,700
that can't be a bad thing.

878
00:43:18,020 --> 00:43:21,900
The law against murder
applies to all.

879
00:43:21,960 --> 00:43:23,570
No matter the perpetrator,

880
00:43:23,830 --> 00:43:26,780
the victim or the country where
the murder is committed.

881
00:43:27,470 --> 00:43:29,640
It's the one moral law
that recognizes

882
00:43:29,700 --> 00:43:33,620
no national, racial
or religious boundaries.

883
00:43:33,970 --> 00:43:38,050
It can tolerate no exceptions.
There is one law.

884
00:43:38,610 --> 00:43:40,680
One law.

885
00:43:41,350 --> 00:43:43,050
And when that law is broken

886
00:43:43,120 --> 00:43:45,720
it's the duty of every
officer of any court

887
00:43:45,790 --> 00:43:47,700
to rise up in
defense of that law

888
00:43:48,090 --> 00:43:52,430
and bring their full power and diligence
to bear against the lawbreaker.

889
00:43:53,190 --> 00:43:58,140
Because man has only those
rights he can defend.

890
00:43:59,970 --> 00:44:01,640
Only those rights.

891
00:44:04,900 --> 00:44:06,250
Thank you.

892
00:44:15,650 --> 00:44:19,960
Well, we wait here another five
hours or go back to the hotel?

893
00:44:20,020 --> 00:44:22,330
The clerk said it might
not be too much longer.

894
00:44:22,390 --> 00:44:24,630
Quick turnaround
for this court.

895
00:44:24,690 --> 00:44:27,070
Doesn't sound promising.

896
00:44:27,130 --> 00:44:29,000
Win, lose. You fought
the good fight.

897
00:44:30,460 --> 00:44:31,770
Amen to that.

898
00:44:31,830 --> 00:44:34,370
Well, if that
isn't reason for hope.

899
00:44:36,840 --> 00:44:38,110
Here comes the clerk.

900
00:44:39,010 --> 00:44:40,710
Looks like she's
holding the decision.


