1 00:00:02,670 --> 00:00:06,550 the people are represented by two separate yet equally important groups, 2 00:00:06,610 --> 00:00:08,450 the police who investigate crime 3 00:00:08,510 --> 00:00:11,290 and the district attorneys who prosecute the offenders. 4 00:00:11,350 --> 00:00:12,790 These are their stories. 5 00:00:14,020 --> 00:00:16,550 I'm looking at numbers, Lieutenant Van Buren. 6 00:00:16,620 --> 00:00:18,730 Grand Theft Auto down 14%, 7 00:00:19,290 --> 00:00:21,060 Burglaries down 11%. 8 00:00:21,560 --> 00:00:24,800 You shut down a number of quality-of-life conditions in your precinct. 9 00:00:24,860 --> 00:00:25,930 Some excellent work. 10 00:00:26,000 --> 00:00:27,030 Thank you. 11 00:00:27,100 --> 00:00:30,140 Then I look at your clearance rate for homicides 12 00:00:30,200 --> 00:00:32,680 and a whole different picture emerges. 13 00:00:32,740 --> 00:00:35,440 Twenty-two percent below the Borough average. 14 00:00:35,510 --> 00:00:38,820 VAN BUREN: Well, we've had some tough ones the last couple of months. 15 00:00:39,040 --> 00:00:41,720 CHIEF: Come on, Lieutenant, talk to your Chief. 16 00:00:41,780 --> 00:00:43,420 What's the problem here? 17 00:00:43,480 --> 00:00:46,220 There's no problem, Chief. We just have to try harder. 18 00:00:46,280 --> 00:00:49,260 Unfortunately, that's not an adequate response. 19 00:00:49,320 --> 00:00:52,600 Well, I don't know what other response to give you, sir. 20 00:00:52,820 --> 00:00:55,600 Something along the lines of a guarantee is what we're looking for. 21 00:00:55,660 --> 00:00:58,660 If it means culling the cold case files, 22 00:00:58,730 --> 00:01:02,300 you get that clearance rate up or we'll make a guarantee. 23 00:01:02,600 --> 00:01:04,670 We'll guarantee you'll lose your command. 24 00:01:04,740 --> 00:01:06,340 FIRST DEPUTY: We can always find a place to transfer you 25 00:01:06,400 --> 00:01:08,540 where the pressure wouldn't be as great. 26 00:01:08,610 --> 00:01:10,140 CHIEF: Get the picture? 27 00:01:10,210 --> 00:01:11,580 Yes, Chief. 28 00:01:12,610 --> 00:01:13,920 ED: Here's one from 1992, 29 00:01:13,980 --> 00:01:15,960 suspect dropped dead from a heart attack, 30 00:01:16,010 --> 00:01:18,360 and the family of the victim moved back to Kurdistan. 31 00:01:18,420 --> 00:01:20,050 Why don't you put in for travel vouchers? 32 00:01:20,120 --> 00:01:22,600 See if they'll let us clear that one. 33 00:01:22,650 --> 00:01:24,100 This one's from '88. 34 00:01:24,150 --> 00:01:26,400 Homeless male Caucasian beaten to death 35 00:01:26,460 --> 00:01:28,460 in a steam tunnel underneath Grand Central. 36 00:01:28,530 --> 00:01:30,330 We oughta be able to home in on that perp, no problem. 37 00:01:30,390 --> 00:01:31,500 Yeah. 38 00:01:31,930 --> 00:01:35,210 Oh, here's one from '81 that Tommy Brannigan worked. 39 00:01:35,270 --> 00:01:37,250 Mmm, your old boss. Yeah. 40 00:01:37,500 --> 00:01:40,310 Marybeth Mosley was 16 years old. 41 00:01:40,370 --> 00:01:43,980 Beaten to death with a ratchet on West 92nd Street. 42 00:01:44,340 --> 00:01:47,850 Only suspect was a plumber whose wife provided alibi. 43 00:01:47,910 --> 00:01:49,950 Maybe 19 years later she changes her story? 44 00:01:50,080 --> 00:01:51,920 Hey, why don't you call your pal at the Daily News? 45 00:01:51,980 --> 00:01:54,260 They run a story about how the case is still unsolved. 46 00:01:54,320 --> 00:01:56,060 Maybe somebody pops out of the woodwork. 47 00:01:56,120 --> 00:01:57,390 Brannigan still with us? 48 00:01:57,450 --> 00:01:59,160 Yeah, he's retired. He lives out on the Island. 49 00:01:59,220 --> 00:02:00,570 You wanna take a ride? 50 00:02:51,110 --> 00:02:53,150 The Mosley case, huh? 51 00:02:53,210 --> 00:02:55,990 You guys must really be looking for something to do. 52 00:02:56,050 --> 00:02:58,460 Our boss needs to get her clearance rate up. 53 00:02:58,520 --> 00:03:00,790 So you go to a 20-year-old case. 54 00:03:00,850 --> 00:03:03,390 We were hoping the guy you liked might have a weak alibi. 55 00:03:03,450 --> 00:03:05,020 This would be the plumber? 56 00:03:05,090 --> 00:03:06,160 Uh-huh. Fred Jenks. 57 00:03:06,220 --> 00:03:07,400 The wife swore she was with him. 58 00:03:07,460 --> 00:03:09,730 Yeah, he was working on the house. 59 00:03:09,790 --> 00:03:10,930 Had a record. 60 00:03:10,990 --> 00:03:12,700 We sweated him as much as we could, 61 00:03:12,760 --> 00:03:14,240 but we didn't get anywhere. 62 00:03:14,300 --> 00:03:16,300 Tommy, is there anything you can think of 63 00:03:16,370 --> 00:03:17,610 that might help us out? 64 00:03:17,670 --> 00:03:20,110 Wife's looking to give him up, that's one thing. 65 00:03:20,170 --> 00:03:21,650 If she's not, 66 00:03:22,010 --> 00:03:24,210 I don't know what to tell you. 67 00:03:26,780 --> 00:03:29,760 Mosley, Marybeth. Initial here. 68 00:03:29,810 --> 00:03:31,520 Any loss or damage to the property 69 00:03:31,580 --> 00:03:33,930 is the sole responsibility of the signing officer. 70 00:03:33,980 --> 00:03:35,020 Sign over here. 71 00:03:35,090 --> 00:03:36,330 Where's the deceased's clothing? 72 00:03:36,390 --> 00:03:37,830 What you see is what we got. 73 00:03:37,890 --> 00:03:39,700 What about the murder weapon? 74 00:03:40,620 --> 00:03:42,760 Nineteen-inch drive ratchet. 75 00:03:43,360 --> 00:03:44,810 Maybe the D.A. held onto it, 76 00:03:44,860 --> 00:03:46,810 or the vouchering officer. 77 00:03:46,860 --> 00:03:49,840 Could be it was misplaced in the move from the old Property Room. 78 00:03:49,900 --> 00:03:51,140 Well before my time. 79 00:03:51,200 --> 00:03:53,410 What's the sign-out sheet say? 80 00:03:54,270 --> 00:03:55,480 It's not attached. 81 00:03:55,540 --> 00:03:56,640 How can that be? 82 00:03:56,710 --> 00:03:59,650 A 20-year-old case, Detective. Give me a break. 83 00:04:00,480 --> 00:04:03,150 Originally they liked the plumber, Jenks. 84 00:04:03,210 --> 00:04:05,630 He had access to the girl and he had a record. 85 00:04:05,680 --> 00:04:06,820 And an alibi. 86 00:04:06,880 --> 00:04:08,420 Yeah. His wife. 87 00:04:11,890 --> 00:04:14,840 Freddie and I split. It's three years this past Columbus Day. 88 00:04:14,890 --> 00:04:16,800 You told the detectives investigating your husband 89 00:04:16,860 --> 00:04:19,600 that he was with you the day the Mosley girl got killed? 90 00:04:19,660 --> 00:04:23,270 I got a job by Roosevelt Avenue and Main Street, 91 00:04:23,330 --> 00:04:25,440 going out to Bayside. Who's over there? 92 00:04:25,500 --> 00:04:27,780 Do you remember telling them he was with you? 93 00:04:27,840 --> 00:04:30,250 Yeah, I remember saying he was with me. 94 00:04:30,310 --> 00:04:32,790 We were buying that green velvet recliner 95 00:04:32,840 --> 00:04:34,120 I got in my basement. 96 00:04:34,180 --> 00:04:37,650 Car 214, are you gonna tell me you're not by Roosevelt Avenue? 97 00:04:37,710 --> 00:04:40,350 Ma'am, can you tell us where we can find your ex-husband? 98 00:04:40,420 --> 00:04:42,400 He's working in Chelsea. 99 00:04:43,290 --> 00:04:45,700 I shouldn't even be talking to you without my lawyer. 100 00:04:45,760 --> 00:04:47,860 Hey, it's your call. We can always come back. 101 00:04:47,920 --> 00:04:49,030 Just a couple of loose ends. 102 00:04:49,090 --> 00:04:50,160 Oh, loose ends. 103 00:04:50,230 --> 00:04:52,210 You guys never go away, do you? 104 00:04:52,260 --> 00:04:54,210 But the theory of the case back then 105 00:04:54,260 --> 00:04:56,510 was that she was killed by somebody who knew her. 106 00:04:56,570 --> 00:04:59,510 Which is why they focused on you and your yellow sheet. 107 00:04:59,570 --> 00:05:00,670 Focused? 108 00:05:00,740 --> 00:05:03,740 Frigging cops practically rented a space in my keester. 109 00:05:03,810 --> 00:05:05,720 Hey, you were working in the Mosley house 110 00:05:05,780 --> 00:05:06,950 at the time of the murder. 111 00:05:07,010 --> 00:05:08,990 I was working in the Mosley house 112 00:05:09,050 --> 00:05:10,890 on the day of the murder. 113 00:05:10,950 --> 00:05:12,190 At the time of the murder, 114 00:05:12,250 --> 00:05:15,060 I was with my wife buying a recliner. 115 00:05:15,120 --> 00:05:17,160 Wives can be pretty loyal. Even ex-wives. 116 00:05:17,650 --> 00:05:19,100 You want someone else? 117 00:05:19,160 --> 00:05:21,800 Johnny Estrada helped me move the recliner 118 00:05:21,860 --> 00:05:25,530 because my ex-wife (CHUCKLES) was too delicate. 119 00:05:26,200 --> 00:05:27,570 Go and ask him. 120 00:05:28,730 --> 00:05:31,870 Since the stroke, some things I know. 121 00:05:32,340 --> 00:05:35,840 My eldest went to Syracuse, to college, 122 00:05:36,470 --> 00:05:39,510 but I can't remember where he lives now. 123 00:05:39,940 --> 00:05:41,920 (SPEAKING SPANISH) 124 00:05:41,980 --> 00:05:44,390 (SPEAKING SPANISH) 125 00:05:44,450 --> 00:05:46,790 He knows. He just can't remember. 126 00:05:47,180 --> 00:05:49,390 Señor Estrada, you told the police 127 00:05:49,450 --> 00:05:52,300 that you were with Mr. Jenks around 7:00 128 00:05:52,360 --> 00:05:53,770 the night the girl was murdered? 129 00:05:53,820 --> 00:05:56,300 Whatever I said, it was the truth. 130 00:05:56,790 --> 00:05:58,930 Well, maybe just to help a friend, 131 00:05:59,000 --> 00:06:00,800 you shaved a few minutes, huh? 132 00:06:00,860 --> 00:06:04,610 No, sir, Fred Jenks is not a murderer 133 00:06:04,670 --> 00:06:06,610 and I am not a liar. 134 00:06:07,470 --> 00:06:12,350 A man does not go out to buy an easy chair 135 00:06:12,410 --> 00:06:15,480 after he has murdered a young girl. 136 00:06:16,380 --> 00:06:18,920 You worked in the Mosley apartment at the same time as Jenks? 137 00:06:18,980 --> 00:06:20,790 Yes. I was a painter. 138 00:06:20,850 --> 00:06:21,890 I know it was a long time ago, 139 00:06:21,950 --> 00:06:24,230 but is there anything you remember from being in the house 140 00:06:24,290 --> 00:06:25,430 that could help us? 141 00:06:25,490 --> 00:06:29,300 I remember a lot of boys being in there. 142 00:06:30,330 --> 00:06:34,940 And the young girl, she was very beautiful. 143 00:06:41,300 --> 00:06:42,840 Nineteen years. 144 00:06:44,440 --> 00:06:46,720 Sometimes I wake up, I think it's all a dream. 145 00:06:46,780 --> 00:06:50,250 I know. I'm sorry we have to bring the whole thing back. 146 00:06:52,020 --> 00:06:55,120 Marybeth came home from school. 147 00:06:56,890 --> 00:06:58,920 St. Julian's on Columbus Avenue. 148 00:06:58,990 --> 00:07:00,590 She had a riding lesson. 149 00:07:00,660 --> 00:07:02,300 The stables on 97th? 150 00:07:02,360 --> 00:07:03,600 Mmm-hmm. 151 00:07:04,260 --> 00:07:06,370 She went up to change. Oh! 152 00:07:06,660 --> 00:07:10,080 Then she comes down those stairs, two at a time. 153 00:07:10,230 --> 00:07:11,710 (CHUCKLES) 154 00:07:12,140 --> 00:07:14,140 Well, in her riding clothes. 155 00:07:14,200 --> 00:07:15,510 Always in a rush, that one. 156 00:07:16,110 --> 00:07:18,810 I told her to sit down, I'd make her a sandwich. 157 00:07:19,580 --> 00:07:21,250 She was so skinny. 158 00:07:23,650 --> 00:07:26,290 If I hadn't made her eat that sandwich, 159 00:07:26,720 --> 00:07:27,850 maybe he wouldn't have seen her. 160 00:07:29,650 --> 00:07:31,060 Did your daughter date, ma'am? 161 00:07:31,650 --> 00:07:36,100 Between school, riding, the piano, she didn't really have the time. 162 00:07:37,530 --> 00:07:39,700 Was there anyone who was interested in her? 163 00:07:40,930 --> 00:07:42,340 Quite a few. 164 00:07:47,900 --> 00:07:50,380 Marybeth Mosley. We called her M and M. 165 00:07:50,440 --> 00:07:52,220 Melts in your mouth. 166 00:07:52,640 --> 00:07:55,320 Hey, it was the '80s. Blame it on the Boogie. 167 00:07:55,380 --> 00:07:57,260 What was your relationship with Miss Mosley, Counselor? 168 00:07:57,310 --> 00:07:58,520 Strictly platonic. 169 00:07:58,580 --> 00:08:00,690 It was one I didn't get a chance to put in the trophy case. 170 00:08:00,750 --> 00:08:03,420 Oh, I can see her death still weighs on you. 171 00:08:03,490 --> 00:08:06,830 Look, am I showing an insufficient amount of reverence for the dead? 172 00:08:06,890 --> 00:08:07,990 Forgive me. 173 00:08:08,060 --> 00:08:11,970 Anyway, like I say, I just admired her from afar. 174 00:08:12,030 --> 00:08:15,010 Well, can you think of anyone who might have admired her a little closer up? 175 00:08:15,060 --> 00:08:18,570 The only one I can remember her going out with is Michael Sarno. 176 00:08:18,640 --> 00:08:20,670 Although I don't think she gave it up for him either. 177 00:08:20,740 --> 00:08:22,240 Any relation to the Sarnos? 178 00:08:22,310 --> 00:08:24,620 Yeah, the Ambassador's son, the Senator's nephew. 179 00:08:24,670 --> 00:08:27,280 You're saying Sarno went out with the Mosley girl. 180 00:08:27,340 --> 00:08:29,250 Yeah. For awhile. 181 00:08:29,710 --> 00:08:33,130 But from what I remember, Sarno was too much of a wild man for her. 182 00:08:33,180 --> 00:08:35,930 Or maybe she was just too much of a good girl for him. 183 00:08:35,990 --> 00:08:37,970 Either way, they were broken up by the time she was killed 184 00:08:38,020 --> 00:08:39,970 because I remember he didn't come to the funeral. 185 00:08:40,020 --> 00:08:43,030 Now, if you'll excuse me, I've got a 10:00 in court. 186 00:08:43,090 --> 00:08:45,800 Ugh, this is like looking into a muddy lake trying to see the bottom. 187 00:08:45,860 --> 00:08:47,000 And I have to say, your friend Brannigan, 188 00:08:47,060 --> 00:08:48,470 he wasn't a whole lot of help. 189 00:08:48,530 --> 00:08:51,810 All right. So we'll talk to some of the other cops who worked the case. 190 00:08:51,870 --> 00:08:54,210 Most of them are retired or dead. 191 00:08:54,300 --> 00:08:57,080 You know, I saw Charlie Curran's name on the file. 192 00:08:57,140 --> 00:08:59,140 I know he's still with us. 193 00:08:59,740 --> 00:09:01,380 I'd just gotten bumped up to the squad. 194 00:09:01,440 --> 00:09:02,650 Me and a bunch of other detectives 195 00:09:02,710 --> 00:09:04,820 were assigned to a task force to work the case. 196 00:09:04,880 --> 00:09:06,330 And you liked the plumber, right? 197 00:09:06,380 --> 00:09:07,730 Personally, I had doubts. 198 00:09:07,780 --> 00:09:08,850 I mean, we looked at him. 199 00:09:08,920 --> 00:09:11,920 We had this guy's phones up, we talked to everybody this guy ever knew. 200 00:09:11,990 --> 00:09:13,020 Nothing. 201 00:09:13,090 --> 00:09:15,190 I wanted to concentrate more on some of the college boys 202 00:09:15,260 --> 00:09:17,400 that were hanging around her. 203 00:09:17,890 --> 00:09:20,270 There was this one kid, Sarno. 204 00:09:20,330 --> 00:09:22,500 Rich kid. Nasty drunk. 205 00:09:22,570 --> 00:09:23,840 Tea head. 206 00:09:24,600 --> 00:09:25,940 Thanks. 207 00:09:26,000 --> 00:09:28,070 My call, we would've sweated him good. 208 00:09:28,140 --> 00:09:29,810 Whose call was it? 209 00:09:29,940 --> 00:09:31,540 Tommy Brannigan. 210 00:09:31,810 --> 00:09:33,750 He was the lead detective. 211 00:09:33,810 --> 00:09:34,950 He was Homicide, 212 00:09:35,010 --> 00:09:37,750 as opposed to a slob like me from the precinct. 213 00:09:37,810 --> 00:09:40,820 He wasn't keen on going after anyone but Jenks. 214 00:09:41,020 --> 00:09:43,520 I opened my mouth one too many times 215 00:09:44,050 --> 00:09:45,900 back in the bag you go, Charlie. 216 00:09:45,960 --> 00:09:48,230 Brannigan was the one who busted you? 217 00:09:48,290 --> 00:09:50,070 No. Tommy's good people. 218 00:09:50,130 --> 00:09:52,830 As it turns out, he talked to this Sarno kid. 219 00:09:52,900 --> 00:09:53,970 ED: And? 220 00:09:54,030 --> 00:09:56,200 And I wish I had known that fact. 221 00:09:56,270 --> 00:09:58,040 I went over his head to a Captain. 222 00:09:58,100 --> 00:09:59,210 A week later, 223 00:09:59,270 --> 00:10:01,810 I'm walking a foot post in Washington Heights. 224 00:10:01,870 --> 00:10:04,750 Could've got back on the squad if I'd wanted, 225 00:10:04,810 --> 00:10:07,650 but the truth is, I'd rather be in uniform. 226 00:10:08,280 --> 00:10:09,920 Too much politics in being a detective. 227 00:10:10,780 --> 00:10:12,450 I don't know how you guys do it. 228 00:10:12,520 --> 00:10:15,520 Oh, we're different. We're in it for the money. 229 00:10:15,790 --> 00:10:16,860 Thanks, man. 230 00:10:20,590 --> 00:10:21,730 Tommy. 231 00:10:21,790 --> 00:10:23,530 You need anything from town? 232 00:10:24,430 --> 00:10:26,840 Your favorite Sunday, Lennie. Lamb on the spit? 233 00:10:26,900 --> 00:10:27,930 I'll be there, Peg. 234 00:10:28,400 --> 00:10:29,540 Nice to meet you, Ed. 235 00:10:29,900 --> 00:10:31,710 Oh, you're welcome, too, of course. 236 00:10:31,770 --> 00:10:32,800 Thank you, Mrs. Brannigan. 237 00:10:35,770 --> 00:10:38,180 (DOOR OPENS AND CLOSES) 238 00:10:38,240 --> 00:10:40,450 Sarno. I think I remember him. 239 00:10:40,680 --> 00:10:41,680 He was a skinny kid. 240 00:10:42,150 --> 00:10:44,460 Your notes on the interview are missing. 241 00:10:45,680 --> 00:10:47,130 That doesn't make sense. 242 00:10:47,180 --> 00:10:48,890 But Charlie Curran says you did talk to him. 243 00:10:48,950 --> 00:10:50,690 Right. BRISCOE: And? 244 00:10:51,120 --> 00:10:52,190 He had an alibi. 245 00:10:52,260 --> 00:10:53,630 So did the plumber. 246 00:10:57,790 --> 00:11:00,040 Kid didn't have a record, which Jenks did. 247 00:11:00,230 --> 00:11:02,570 Kid was away at college, which Jenks wasn't. 248 00:11:02,870 --> 00:11:05,240 Kid had his old man who was a citizen, 249 00:11:05,300 --> 00:11:08,250 not to mention an Ambassador, backing him up. 250 00:11:09,040 --> 00:11:10,980 Who should I have believed? 251 00:11:15,810 --> 00:11:19,190 You understand this was all before my time. 252 00:11:19,250 --> 00:11:23,030 We just need to know if Mr. Sarno was here on the day in question. 253 00:11:23,090 --> 00:11:26,260 We consider all aspects of our students' records to be privileged. 254 00:11:26,320 --> 00:11:27,360 BRISCOE: We don't. 255 00:11:27,420 --> 00:11:29,370 We can always come back with a subpoena. 256 00:11:29,430 --> 00:11:32,340 But we couldn't guarantee the press wouldn't get wind of it. 257 00:11:34,730 --> 00:11:36,710 Mr. Sarno was not on campus. 258 00:11:36,770 --> 00:11:37,800 How do you know? 259 00:11:37,870 --> 00:11:40,470 He was suspended on the complaint of a young lady. 260 00:11:40,540 --> 00:11:41,570 ED: Fellow student? 261 00:11:41,640 --> 00:11:44,810 Local girl. After a full and fair hearing, 262 00:11:44,870 --> 00:11:47,180 he returned to the university a year later. 263 00:11:47,240 --> 00:11:48,450 What was he suspended for? 264 00:11:51,980 --> 00:11:55,160 Will this information be treated with discretion? 265 00:11:55,420 --> 00:11:58,060 It was nothing. I don't want to talk about it. 266 00:11:58,120 --> 00:12:00,230 Nothing? The scion of the Sarno family 267 00:12:00,290 --> 00:12:02,100 was tossed off campus on your say so. 268 00:12:02,160 --> 00:12:03,330 What did he do? 269 00:12:03,390 --> 00:12:06,400 Why does it matter? It was so long ago. 270 00:12:06,460 --> 00:12:09,170 Did I mention we're homicide detectives? 271 00:12:12,140 --> 00:12:13,940 I was seeing Michael. 272 00:12:14,070 --> 00:12:16,610 I met him at the bar where I waitressed. 273 00:12:16,670 --> 00:12:19,180 We both knew it wasn't going anywhere. 274 00:12:19,240 --> 00:12:20,850 I mean, he was a Sarno 275 00:12:20,910 --> 00:12:23,790 and I lived with my mother in a trailer park. 276 00:12:23,850 --> 00:12:25,150 But it was exciting. 277 00:12:25,210 --> 00:12:26,630 Then why the complaint? 278 00:12:27,780 --> 00:12:30,230 It was after a keg party on campus. 279 00:12:30,720 --> 00:12:33,560 I was supposed to be Michael's townie date. 280 00:12:33,990 --> 00:12:36,730 I left him pawing some Chi Delt. 281 00:12:37,230 --> 00:12:41,000 Then all of a sudden I hear him pull up in his little red sports car 282 00:12:41,060 --> 00:12:43,370 that I loved going for rides in. 283 00:12:43,930 --> 00:12:45,040 He was drunk. 284 00:12:45,700 --> 00:12:47,840 He started putting his hands on me. 285 00:12:47,900 --> 00:12:49,210 What'd he do? 286 00:12:49,270 --> 00:12:51,310 He pushed me down. I hit him, 287 00:12:51,370 --> 00:12:53,720 then he hit me, then he raped me. 288 00:12:54,840 --> 00:12:57,420 I reported it to the school administration. 289 00:12:57,480 --> 00:12:59,220 I got a call from Sarno's father. 290 00:12:59,450 --> 00:13:00,790 Why didn't you call the police? 291 00:13:00,850 --> 00:13:02,630 Did Sarno threaten you? 292 00:13:03,220 --> 00:13:04,860 You don't get it. 293 00:13:05,020 --> 00:13:07,060 The Sarnos don't threaten. 294 00:13:07,360 --> 00:13:08,660 They don't have to. 295 00:13:09,060 --> 00:13:11,540 His father wrote a check I signed a paper. 296 00:13:11,590 --> 00:13:12,700 Paper saying what? 297 00:13:13,000 --> 00:13:15,440 That I had consensual sex with him. 298 00:13:15,900 --> 00:13:17,810 I was working two jobs. 299 00:13:18,130 --> 00:13:20,840 Back then, it seemed like a lot of money. 300 00:13:22,870 --> 00:13:26,450 My client knew Marybeth Mosley. He liked Marybeth Mosley. 301 00:13:27,180 --> 00:13:29,520 But he absolutely did not rape or kill her. 302 00:13:29,580 --> 00:13:31,720 And Stephanie Luchien at college? 303 00:13:31,780 --> 00:13:33,020 Your client like her, too? 304 00:13:33,080 --> 00:13:34,390 That was consensual. 305 00:13:34,450 --> 00:13:35,520 Michael, please. 306 00:13:35,590 --> 00:13:37,190 NATHANSON: You know, your insinuation's absurd. 307 00:13:37,250 --> 00:13:40,000 Miss Luchien signed a sworn statement to that 20 years ago. 308 00:13:40,060 --> 00:13:42,200 You pay off every girl he attacks? 309 00:13:42,260 --> 00:13:43,330 Cheaper to marry him off. 310 00:13:43,390 --> 00:13:44,430 Detective. 311 00:13:44,490 --> 00:13:46,130 NATHANSON: All right. 312 00:13:46,660 --> 00:13:49,670 Michael, Mr. Ambassador, come on. 313 00:13:50,470 --> 00:13:52,070 These people have nothing. 314 00:13:52,600 --> 00:13:53,980 Uh... (CLEARS THROAT) 315 00:13:54,670 --> 00:13:58,210 If you anticipate using Stephanie Luchien as a pattern of rape witness, 316 00:13:58,270 --> 00:13:59,810 Miss Carmichael, think again. 317 00:13:59,880 --> 00:14:02,760 And when you do, think about your witnesses. 318 00:14:02,810 --> 00:14:06,450 Invalids who can't even remember their own names or are dead or missing, 319 00:14:06,520 --> 00:14:07,760 along with half the physical evidence. 320 00:14:07,820 --> 00:14:09,730 That's enough. Barry, let's go. 321 00:14:09,790 --> 00:14:11,390 All right. Gentlemen, Miss Carmichael. 322 00:14:14,390 --> 00:14:15,460 Now what? 323 00:14:16,530 --> 00:14:20,670 Remember what the Luchien girl said about the little red sports car? 324 00:14:20,860 --> 00:14:23,310 You want to check the DMV for citations? 325 00:14:23,370 --> 00:14:25,710 That's how they nabbed Berkowitz. 326 00:14:26,770 --> 00:14:30,180 No. Nothing registered to a Michael Sarno. 327 00:14:30,240 --> 00:14:32,120 A red sports car. 328 00:14:32,180 --> 00:14:34,420 Like 1980, '81? 329 00:14:34,480 --> 00:14:38,150 Sorry. Database is not set up for a model search. 330 00:14:38,210 --> 00:14:40,690 Okay, try any variation on Sarno. 331 00:14:41,150 --> 00:14:43,030 Maybe we'll get lucky. 332 00:14:45,620 --> 00:14:47,290 Got a Peter Sarno. 333 00:14:47,390 --> 00:14:48,770 The Ambassador. 334 00:14:48,830 --> 00:14:51,430 Peter Sarno owned three sedans 335 00:14:51,490 --> 00:14:54,100 and a vintage TR6. Red. 336 00:14:54,360 --> 00:14:56,270 Triumph. Kid's ride. 337 00:14:56,630 --> 00:15:00,170 With a parking citation issued in the Borough of Manhattan, 338 00:15:00,240 --> 00:15:03,450 August 21st, 1981. 339 00:15:04,010 --> 00:15:05,140 The day of the murder. 340 00:15:05,210 --> 00:15:07,190 DMV can't even spell my name right, 341 00:15:07,240 --> 00:15:09,520 and they got a 20-year-old ticket in the system? 342 00:15:09,580 --> 00:15:10,650 Go figure. 343 00:15:11,480 --> 00:15:12,860 Hey, we know Sarno's the guy. 344 00:15:12,920 --> 00:15:14,390 We just can't find anything to lock it down. 345 00:15:14,450 --> 00:15:17,400 Nothing further on the kid's whereabouts on the day of the killing? 346 00:15:17,450 --> 00:15:20,900 His car was in New York, but nobody we talked to puts him with it. 347 00:15:20,960 --> 00:15:22,330 And we talked to everybody. 348 00:15:22,390 --> 00:15:25,770 Well, if it's obvious to the two of you 20 years later, 349 00:15:25,830 --> 00:15:28,240 how did Brannigan manage to miss it at the time? 350 00:15:28,300 --> 00:15:31,210 Looks like he has a hard time believing an ambassador would know how to lie. 351 00:15:31,270 --> 00:15:33,940 Tommy Brannigan's the best pure cop lever knew. 352 00:15:34,000 --> 00:15:35,070 (KNOCK AT DOOR) 353 00:15:35,140 --> 00:15:37,810 Lieutenant, this guy'd like to have a word with you. 354 00:15:37,870 --> 00:15:39,110 Can't you handle it? 355 00:15:39,310 --> 00:15:41,220 It's about the Mosley case. 356 00:15:41,280 --> 00:15:42,420 Ah. Thanks. 357 00:15:46,150 --> 00:15:48,390 PALEY: I saw in the paper that the Mosley case 358 00:15:48,450 --> 00:15:50,930 was being investigated again, and it... 359 00:15:50,990 --> 00:15:55,490 It made me remember this thing that this guy said one time. 360 00:15:55,560 --> 00:15:56,630 ED: What guy? 361 00:15:56,690 --> 00:15:58,000 I can't tell you that. 362 00:15:58,060 --> 00:15:59,870 What can you tell us? 363 00:16:01,160 --> 00:16:04,040 This guy said he killed a girl. 364 00:16:04,930 --> 00:16:08,350 He said he beat her with a ratchet after a night of drinking. 365 00:16:09,110 --> 00:16:11,350 I know he knew the Mosley girl. 366 00:16:12,710 --> 00:16:13,850 I think it was her. 367 00:16:13,910 --> 00:16:15,750 How did he come to tell you this? 368 00:16:16,610 --> 00:16:19,680 We were in rehab together. It was in a meeting. 369 00:16:19,950 --> 00:16:21,160 ED: For this information to be of any use, 370 00:16:21,220 --> 00:16:23,030 you're gonna have to tell us who the guy is. 371 00:16:23,090 --> 00:16:25,730 I'm not at liberty to say who it is. 372 00:16:25,790 --> 00:16:27,530 Why did you come here, Mr. Paley? 373 00:16:27,590 --> 00:16:28,860 I don't know. I... 374 00:16:29,960 --> 00:16:32,130 I was afraid maybe you'd arrest the wrong guy. 375 00:16:32,190 --> 00:16:34,700 And how does this stop us from doing that? 376 00:16:34,760 --> 00:16:38,410 Well, you could maybe tell me who it is that you're gonna arrest, 377 00:16:38,470 --> 00:16:42,420 and I could tell you if it was the same guy or not. 378 00:16:42,840 --> 00:16:46,410 Lieutenant, would you and Detective Green excuse us for a minute? 379 00:16:46,480 --> 00:16:47,580 Sure. 380 00:16:53,520 --> 00:16:55,000 (DOOR CLOSES) 381 00:16:57,520 --> 00:16:59,230 How much time you got in? 382 00:17:00,860 --> 00:17:02,300 Two and a half years. 383 00:17:02,360 --> 00:17:04,670 I'll have five years. February 5th. 384 00:17:04,730 --> 00:17:07,210 So you know. I can't say a name. 385 00:17:08,900 --> 00:17:10,780 Yeah, but I know this. 386 00:17:11,270 --> 00:17:16,340 There's a woman out there who lost a daughter, who deserves some closure. 387 00:17:16,940 --> 00:17:20,550 And there's a bunch of cops trying very hard to find out 388 00:17:20,610 --> 00:17:22,820 who committed a murder 20 years ago. 389 00:17:22,880 --> 00:17:25,830 Now, maybe they're gonna arrest the right person. 390 00:17:25,880 --> 00:17:28,830 But there's always a chance they could arrest the wrong person. 391 00:17:28,880 --> 00:17:30,830 So what are you saying I should do? 392 00:17:32,590 --> 00:17:35,030 Ask your higher power what's right. 393 00:17:39,030 --> 00:17:40,630 Michael Sarno, you're under arrest 394 00:17:40,700 --> 00:17:42,140 for the murder of Marybeth Mosley. 395 00:17:42,200 --> 00:17:43,680 Dad. Not a word, Michael. 396 00:17:43,730 --> 00:17:44,770 Michael, trust me. You'll be fine. 397 00:17:44,830 --> 00:17:45,870 Are those necessary? 398 00:17:45,940 --> 00:17:47,470 Detective, my client's surrendering. 399 00:17:47,540 --> 00:17:50,140 Yeah, sure. If he gives us his word of honor never to do it again, 400 00:17:50,210 --> 00:17:52,620 we'll just forget the whole thing. 401 00:17:57,150 --> 00:18:00,030 Let's see, one count each, Murder in the Second Degree, 402 00:18:00,080 --> 00:18:02,080 Rape in the First Degree. 403 00:18:02,450 --> 00:18:04,330 1981? 404 00:18:04,790 --> 00:18:08,500 A little slow stepping up to the plate on this one, eh, Ms. Carmichael? 405 00:18:08,560 --> 00:18:09,730 Mr. Nathanson? 406 00:18:09,790 --> 00:18:11,790 Not guilty to all charges, Your Honor. 407 00:18:11,860 --> 00:18:13,360 CARMICHAEL: People request remand, Your Honor. 408 00:18:13,430 --> 00:18:14,870 The defendant is being charged with a murder 409 00:18:14,930 --> 00:18:17,310 he's taken pains to conceal for the past two decades. 410 00:18:17,370 --> 00:18:19,280 He's concealed nothing because he's done nothing. 411 00:18:19,340 --> 00:18:20,340 CARMICHAEL: He's confessed, Your Honor. 412 00:18:20,400 --> 00:18:21,440 NATHANSON: Nothing of the sort. 413 00:18:21,500 --> 00:18:22,680 And defense challenges the statement 414 00:18:22,740 --> 00:18:25,180 as uncorroborative of the underlying charges. 415 00:18:25,240 --> 00:18:26,450 It's a matter of fact for a jury, Judge. 416 00:18:26,510 --> 00:18:27,540 Your Honor, we... 417 00:18:27,610 --> 00:18:29,610 Save it for trial, Counselor. 418 00:18:29,680 --> 00:18:31,630 Bail is set at one million dollars. 419 00:18:34,420 --> 00:18:36,060 We'll post that before lunch. 420 00:18:36,120 --> 00:18:37,930 I'm happy for you both. 421 00:18:37,990 --> 00:18:39,090 Next. 422 00:18:40,720 --> 00:18:44,930 Ah, you see, J.J., what detectives do 90% of the time 423 00:18:44,990 --> 00:18:47,240 is sit around and drink coffee. 424 00:18:47,760 --> 00:18:49,270 And you got perfect timing, too. 425 00:18:49,330 --> 00:18:51,040 We were just gonna send down for lunch. 426 00:18:51,100 --> 00:18:52,200 ED: What's up, J.J.? 427 00:18:52,270 --> 00:18:54,410 You want me to take him downstairs and show him how to roll fingerprints? 428 00:18:54,470 --> 00:18:56,680 Very nice of you, Ed, but I don't want to be a bother. 429 00:18:56,740 --> 00:18:58,380 No bother. You want to go? 430 00:18:58,440 --> 00:18:59,550 Could I? 431 00:18:59,610 --> 00:19:00,710 Sure. 432 00:19:01,240 --> 00:19:03,350 BRANNIGAN: I'll be down for you in a second. 433 00:19:05,250 --> 00:19:06,890 Thanks for calling me about the collar. 434 00:19:07,020 --> 00:19:10,430 Oh, hey, after the boss, you were the first one to find out. 435 00:19:10,490 --> 00:19:13,260 I dug around in my notes for the name and address of this girl. 436 00:19:13,320 --> 00:19:16,390 Janice Trainor. She was Marybeth's girlfriend. 437 00:19:16,460 --> 00:19:18,630 I figured they might want her for a witness. 438 00:19:18,690 --> 00:19:19,870 Yeah, I'll let 'em know. 439 00:19:21,300 --> 00:19:22,370 You wouldn't happen to know 440 00:19:22,430 --> 00:19:24,910 whether they were planning on calling me as a witness, would you? 441 00:19:24,970 --> 00:19:26,280 No, I don't. 442 00:19:26,340 --> 00:19:28,340 Only reason I ask is I'm supposed to go down 443 00:19:28,400 --> 00:19:30,250 to my daughter's in Florida around then, 444 00:19:30,310 --> 00:19:33,250 and I'd be looking to buy the tickets couple of weeks in advance 445 00:19:33,310 --> 00:19:34,410 on account of the fare. 446 00:19:34,480 --> 00:19:35,980 You call in to the D.A.'s office? 447 00:19:36,050 --> 00:19:38,790 Ah, I don't want to be a pain in the ass. 448 00:19:39,850 --> 00:19:42,160 Give me a call if you hear anything, will you? 449 00:19:42,220 --> 00:19:43,600 You got it. 450 00:19:45,320 --> 00:19:46,860 And congratulations. 451 00:19:46,920 --> 00:19:48,770 Oh! Hey, we caught a break. 452 00:19:48,820 --> 00:19:50,630 I wish it had been me. 453 00:19:50,690 --> 00:19:53,110 But if it wasn't me, I'm glad it was you. 454 00:19:54,160 --> 00:19:55,800 Take care, Tommy. 455 00:20:00,270 --> 00:20:02,510 Nathanson is right behind me. 456 00:20:03,440 --> 00:20:05,110 What can we do for you, Barry? 457 00:20:05,170 --> 00:20:07,020 Ah, some preliminary matters. 458 00:20:07,780 --> 00:20:09,720 Like pleading your client to the top count? 459 00:20:09,780 --> 00:20:11,660 NATHANSON: Hey, hey, sense of humor. 460 00:20:11,710 --> 00:20:14,190 Something your predecessors lacked. I like that. 461 00:20:14,250 --> 00:20:17,250 Half your witnesses are dead or in need of nursing care. 462 00:20:17,320 --> 00:20:19,270 Missing evidence, contradictory statements. 463 00:20:19,320 --> 00:20:23,270 No, Mr. Sarno is not inclined to plead to anything. 464 00:20:23,330 --> 00:20:28,070 Fine. I'm curious to hear how he explains his confession to a jury. 465 00:20:28,130 --> 00:20:29,300 Confession? 466 00:20:29,370 --> 00:20:30,810 Doesn't pass the laugh test, Jack. 467 00:20:30,870 --> 00:20:31,870 Motion to suppress. 468 00:20:31,930 --> 00:20:34,640 Only person ever hears of my client's purported statements is a judge. 469 00:20:39,980 --> 00:20:41,510 "Sarno's alleged declaration," 470 00:20:41,580 --> 00:20:45,650 "ambiguous at best, is in any event inadmissible as privileged." 471 00:20:45,950 --> 00:20:48,220 Didn't you tell me Sarno confessed to a friend 472 00:20:48,280 --> 00:20:50,030 in a group therapy session? 473 00:20:50,090 --> 00:20:52,530 Yeah, Paley. He's the only one who wants to talk. 474 00:20:52,590 --> 00:20:53,860 He'll have to do. 475 00:20:53,920 --> 00:20:56,200 Every do-gooder in town's jumping on the Sarno bandwagon. 476 00:20:56,260 --> 00:20:58,470 Amicus briefs on the motion to suppress. 477 00:20:58,530 --> 00:21:01,130 AA, ACLU, AMA. 478 00:21:07,640 --> 00:21:09,780 Now, Doctor, you are a psychologist, 479 00:21:09,840 --> 00:21:11,510 licensed by the State of New York? 480 00:21:11,570 --> 00:21:12,610 I am. 481 00:21:12,680 --> 00:21:15,090 I'm also the director of the Morningside Clinic, 482 00:21:15,140 --> 00:21:17,720 a drug and alcohol rehabilitation institute. 483 00:21:17,780 --> 00:21:20,760 And you were leading a group therapeutic session on the morning in question? 484 00:21:20,820 --> 00:21:22,020 Yes, Mr. Nathanson. 485 00:21:22,080 --> 00:21:24,090 Mr. Sarno was one of four patients 486 00:21:24,150 --> 00:21:26,060 undergoing intensive counseling sessions 487 00:21:26,120 --> 00:21:28,830 as part of their treatment for alcohol addiction. 488 00:21:29,120 --> 00:21:32,830 Dr. Hermann, without revealing the remarks of any of the participants, 489 00:21:32,900 --> 00:21:34,140 is there any doubt in your mind 490 00:21:34,200 --> 00:21:38,370 that this session was conducted within the confines of a professional setting? 491 00:21:38,430 --> 00:21:40,210 No, none whatsoever. 492 00:21:43,410 --> 00:21:47,510 What's to stop a member of a group from telling someone, anyone, 493 00:21:47,840 --> 00:21:49,850 what was said in a therapy session? 494 00:21:49,910 --> 00:21:52,650 Legally, I'm not qualified to answer, sir. 495 00:21:52,880 --> 00:21:54,120 Morally, ethically, 496 00:21:54,180 --> 00:21:57,600 I believe my patients feel bound by a sense of confidentiality. 497 00:21:57,650 --> 00:22:00,530 "What you hear here when you leave here, let it stay here." 498 00:22:00,590 --> 00:22:02,500 You're aware that notion has no legal effect? 499 00:22:02,560 --> 00:22:06,970 Objection. The witness has already stated that he holds no degree in jurisprudence. 500 00:22:07,030 --> 00:22:08,240 Sustained. 501 00:22:13,440 --> 00:22:15,880 As lead counsel, I speak for all parties. 502 00:22:15,940 --> 00:22:18,540 Whatever Mr. Sarno may have said 503 00:22:18,610 --> 00:22:21,680 falls under CPLR 4507. 504 00:22:21,740 --> 00:22:23,310 That section creates the privilege 505 00:22:23,380 --> 00:22:26,790 between a psychologist and one client. Singular. 506 00:22:26,850 --> 00:22:29,350 Mr. Sarno was in a group therapeutic session 507 00:22:29,420 --> 00:22:31,690 conducted within AA guidelines, 508 00:22:31,750 --> 00:22:33,630 supervised by a licensed psychologist. 509 00:22:33,690 --> 00:22:34,720 Your Honor... 510 00:22:34,790 --> 00:22:35,960 That's not just my position, Your Honor, 511 00:22:36,030 --> 00:22:38,200 but those of the American Civil Liberties Union 512 00:22:38,260 --> 00:22:40,800 and the American Medical Association and AA. 513 00:22:40,860 --> 00:22:42,430 Your Honor has their Amicus submissions. 514 00:22:42,500 --> 00:22:44,100 JACK: So we're on the same page. 515 00:22:44,170 --> 00:22:46,910 Your client did admit killing the Mosley girl? 516 00:22:46,970 --> 00:22:48,450 I make no such concession, Your Honor. 517 00:22:48,500 --> 00:22:50,850 JACK: Mr. Sarno made his statements in a room full of people. 518 00:22:50,910 --> 00:22:52,650 Their presence shatters any privilege. 519 00:22:52,710 --> 00:22:55,660 Not if they're all members of a therapeutic group. 520 00:22:55,710 --> 00:22:59,020 The privilege radiates from the psychologist to each member. 521 00:22:59,080 --> 00:23:00,460 People v. Wilkins, 522 00:23:00,520 --> 00:23:04,620 the privilege between psychologist and client should be viewed as broader, 523 00:23:04,690 --> 00:23:06,390 broader than doctor-patient. 524 00:23:06,460 --> 00:23:09,660 There is no confidentiality when others are included. 525 00:23:09,730 --> 00:23:12,710 The point of group therapy, all therapy is to heal 526 00:23:12,760 --> 00:23:14,330 through revelation and sharing. 527 00:23:14,400 --> 00:23:16,470 Where does it end, Your Honor? 528 00:23:16,530 --> 00:23:20,410 Privilege as such is designed to be as narrowly drawn as possible. 529 00:23:20,470 --> 00:23:21,610 Your Honor, be advised 530 00:23:21,670 --> 00:23:23,580 that the organizations represented here today 531 00:23:23,640 --> 00:23:25,240 are prepared to take this point on appeal 532 00:23:25,310 --> 00:23:27,250 all the way up to the nine wise souls in Washington, 533 00:23:27,310 --> 00:23:29,080 if necessary. Enough. 534 00:23:30,710 --> 00:23:35,320 The purpose of the statute conferring psychologist-client privilege is clear. 535 00:23:35,550 --> 00:23:39,360 Without unfettered communication between therapist and client, 536 00:23:39,420 --> 00:23:41,460 the therapeutic effect would suffer. 537 00:23:41,520 --> 00:23:45,130 That Mr. Sarno made statements in front of other clients 538 00:23:45,190 --> 00:23:46,870 I find immaterial. 539 00:23:47,000 --> 00:23:49,700 The motion to suppress is granted. 540 00:23:49,770 --> 00:23:51,800 Counsel is to pick a date for trial. 541 00:23:51,870 --> 00:23:53,040 Preferably a short one. 542 00:23:53,100 --> 00:23:54,600 (GAVEL POUNDS) 543 00:23:55,000 --> 00:23:56,420 Mr. McCoy... 544 00:23:56,670 --> 00:24:00,520 Mr. Nathanson tells me you have little in the way of evidence, 545 00:24:00,580 --> 00:24:03,790 and now you haven't got my son's statement either. 546 00:24:04,150 --> 00:24:05,490 All due respect, Mr. Ambassador, 547 00:24:05,550 --> 00:24:08,620 we have sufficient for conviction, as Judge Rivera indicated. 548 00:24:08,680 --> 00:24:11,530 Please, Mr. McCoy, we're not children here. 549 00:24:12,450 --> 00:24:15,440 I know the distance between a technical sufficiency and a conviction. 550 00:24:15,920 --> 00:24:17,370 What do you want, Mr. Sarno? 551 00:24:17,430 --> 00:24:20,310 I want what any parent in my position would. 552 00:24:20,360 --> 00:24:22,970 An end to the persecution of my boy. 553 00:24:23,030 --> 00:24:25,440 It's prosecution, not persecution. 554 00:24:25,770 --> 00:24:27,980 And we're doing this because we think your son is guilty. 555 00:24:28,040 --> 00:24:30,920 Please, spare me the fake pieties, Counselor. 556 00:24:30,970 --> 00:24:34,180 You're doing it to see your name in the paper. 557 00:24:37,980 --> 00:24:41,990 Missing murder weapon, no DNA, no eyewitness, no confession. 558 00:24:43,050 --> 00:24:46,060 And with Nathanson, you ain't seen nothing yet. 559 00:24:46,120 --> 00:24:47,930 So where do we start? 560 00:24:48,320 --> 00:24:51,530 I'll dazzle them in the courtroom as long as I can. 561 00:24:52,460 --> 00:24:54,370 See what you can dig up. 562 00:24:57,870 --> 00:25:00,470 CARMICHAEL: Okay, the M.E. at the time was Dr. Singh. 563 00:25:00,540 --> 00:25:01,810 Deceased. 564 00:25:02,040 --> 00:25:04,240 (SIGHS) There's no putting him on the stand. 565 00:25:04,310 --> 00:25:08,720 His report still establishes that Mosley was killed with a ratchet. 566 00:25:09,110 --> 00:25:12,180 Well, jurors aren't generally too taken with pieces of paper. 567 00:25:12,250 --> 00:25:14,490 And the ratchet itself is gone. 568 00:25:14,780 --> 00:25:16,230 Yeah. Now, how does that happen? 569 00:25:16,850 --> 00:25:19,090 Well, once an investigation is concluded, 570 00:25:19,150 --> 00:25:22,360 evidence is moved from one PP to a warehouse in Queens. 571 00:25:22,420 --> 00:25:24,870 Sometimes it gets lost, mislabeled. 572 00:25:25,090 --> 00:25:27,440 And what about before an investigation is concluded? 573 00:25:27,500 --> 00:25:29,100 It stays in the Property Room. 574 00:25:29,160 --> 00:25:30,200 Unless? 575 00:25:30,270 --> 00:25:34,270 Unless someone signs them out and we've looked for those logs, 576 00:25:34,340 --> 00:25:35,940 and they're nowhere to be found. 577 00:25:36,000 --> 00:25:38,250 Can we found out who made the entries in those logs? 578 00:25:38,310 --> 00:25:39,340 Sure. 579 00:25:39,410 --> 00:25:42,150 Maybe we'll actually find someone who's alive. 580 00:25:45,080 --> 00:25:47,360 CURRAN: At the time of the original investigation, 581 00:25:47,420 --> 00:25:51,520 I was assigned to assist the primary investigator in the collection of evidence. 582 00:25:51,590 --> 00:25:55,730 In that capacity, did you have occasion to visit the Sarno family home? 583 00:25:55,790 --> 00:25:56,860 I did. 584 00:25:56,930 --> 00:25:59,300 Specifically, I entered the underground parking area 585 00:25:59,360 --> 00:26:01,930 of the Sarno townhouse on 5th Avenue. 586 00:26:02,000 --> 00:26:05,470 Would you please tell the jury what, if anything, you observed there. 587 00:26:06,140 --> 00:26:08,580 Mr. Sarno maintained a well-equipped workroom, 588 00:26:08,640 --> 00:26:11,410 including an extensive collection of tools, 589 00:26:11,470 --> 00:26:13,820 among them was a large set of drivers and ratchets, 590 00:26:14,610 --> 00:26:17,350 missing from these was a one-inch driver. 591 00:26:22,720 --> 00:26:25,790 Nothing whatsoever of this witness, Your Honor. 592 00:26:28,290 --> 00:26:31,600 JACK: Marybeth Mosley, was she popular in school? 593 00:26:32,560 --> 00:26:34,730 I used to be so jealous of her. 594 00:26:34,800 --> 00:26:36,740 Her hair was so straight. 595 00:26:36,800 --> 00:26:40,010 Gorgeous skin. She was very popular. 596 00:26:40,070 --> 00:26:42,410 Did you know if she had feelings for the defendant? 597 00:26:43,210 --> 00:26:44,680 For awhile she did. 598 00:26:44,740 --> 00:26:46,740 He was funny, and he had a lot of charm, 599 00:26:46,810 --> 00:26:49,620 and he really made an effort to sweep her off her feet. 600 00:26:49,680 --> 00:26:51,350 One summer they wound up going out. 601 00:26:51,410 --> 00:26:54,090 Were you aware of what it was that made them stop going out? 602 00:26:54,150 --> 00:26:58,120 Michael wanted a full-on sexual relationship and Marybeth didn't. 603 00:26:58,420 --> 00:27:00,230 She was definite about it. 604 00:27:00,290 --> 00:27:01,890 He wouldn't take no for an answer. 605 00:27:01,960 --> 00:27:03,030 Objection. 606 00:27:03,090 --> 00:27:05,660 How on Earth does she know what my client would or would not 607 00:27:05,730 --> 00:27:09,470 have taken for an answer going back, what is it, 20 years in time? 608 00:27:09,530 --> 00:27:10,870 Sustained. 609 00:27:11,870 --> 00:27:15,910 Ms. Trainor, was there a time when, in your presence, 610 00:27:15,970 --> 00:27:19,320 Marybeth Mosley physically rejected Mr. Sarno? 611 00:27:19,370 --> 00:27:21,220 We were at a school dance. 612 00:27:21,280 --> 00:27:23,780 Afterwards, a bunch of us went for burgers. 613 00:27:23,850 --> 00:27:25,950 Michael sat beside Marybeth. 614 00:27:26,650 --> 00:27:28,390 He put his hands on her. 615 00:27:28,450 --> 00:27:30,330 I'm pretty sure he was drunk. 616 00:27:30,390 --> 00:27:32,160 She told him to stop. He wouldn't. 617 00:27:32,220 --> 00:27:34,330 She threw a basket of fries in his lap. 618 00:27:34,390 --> 00:27:35,960 That slow him down a bit? 619 00:27:36,020 --> 00:27:39,600 No. And when she started to cry, he laughed at her. 620 00:27:40,200 --> 00:27:43,110 He said he could have her anytime he wanted. 621 00:27:43,500 --> 00:27:46,570 Thank you, Ms. Trainor. I have nothing further. 622 00:27:53,580 --> 00:27:55,710 Those his words, Ms. Trainor? 623 00:27:56,210 --> 00:27:57,590 "I can have you anytime I want"? 624 00:27:58,450 --> 00:28:00,930 It's hard to remember exactly after 20 years. 625 00:28:01,250 --> 00:28:06,170 So your response to Mr. McCoy's question was, what, inexact or invented? 626 00:28:06,560 --> 00:28:07,690 Objection. 627 00:28:07,760 --> 00:28:09,000 No, I'm going to allow it. 628 00:28:09,060 --> 00:28:11,040 I was trying to remember. 629 00:28:11,230 --> 00:28:14,000 Anyone from the District Attorney's Office help you to remember? 630 00:28:14,060 --> 00:28:15,410 Objection. 631 00:28:15,460 --> 00:28:17,380 JUDGE RIVERA: Sustained. 632 00:28:18,470 --> 00:28:21,910 Ms. Trainor, did you relate any part 633 00:28:22,840 --> 00:28:26,180 of this tale of rejection to the police 20 years ago? 634 00:28:26,240 --> 00:28:27,910 I spoke to a detective, yes. 635 00:28:27,980 --> 00:28:29,790 So it's your testimony as you sit here today, 636 00:28:29,850 --> 00:28:32,720 that you told an NYPD detective that my client was, 637 00:28:32,780 --> 00:28:34,190 what, going out with Miss Mosley? 638 00:28:34,250 --> 00:28:35,280 Yes. 639 00:28:35,350 --> 00:28:37,990 That he was actively sexually pursuing her? 640 00:28:38,550 --> 00:28:39,620 Yes. 641 00:28:39,720 --> 00:28:42,070 Your Honor, I call for the production of police reports 642 00:28:42,120 --> 00:28:44,430 reflecting the statements of this witness. 643 00:28:44,490 --> 00:28:45,800 Counsel, step up. 644 00:28:49,530 --> 00:28:51,340 Do you have this, Mr. McCoy? 645 00:28:51,400 --> 00:28:54,640 Judge, it's been 20 years. Some of the documentation has been mislaid. 646 00:28:54,700 --> 00:28:57,550 My client's accused of murder and Mr. McCoy pleads sloppiness? 647 00:28:57,610 --> 00:28:58,640 This is unbelievable. 648 00:28:58,710 --> 00:29:01,480 Oh, save the histrionics for the closing, Barry. 649 00:29:01,540 --> 00:29:04,350 JACK: Whether she spoke to a detective 20 years ago is immaterial. 650 00:29:04,410 --> 00:29:05,690 She's here now. 651 00:29:05,750 --> 00:29:08,750 Your Honor, they're pulling an O.J. in reverse. 652 00:29:08,820 --> 00:29:12,130 Instead of planting evidence, they're framing my client with the absence of it. 653 00:29:12,190 --> 00:29:13,630 That's an outrageous accusation. 654 00:29:13,690 --> 00:29:16,030 I move to strike the witness's testimony in its entirety. 655 00:29:16,090 --> 00:29:17,300 Denied. 656 00:29:17,460 --> 00:29:19,770 Well, I reserve the right to argue in closing 657 00:29:19,830 --> 00:29:24,070 that the testimony is unsupported by documents and that it's fabricated. 658 00:29:25,430 --> 00:29:27,310 Granted. Now step back. 659 00:29:32,140 --> 00:29:35,250 HOPP: I wasn't always in the Property Room, you know. 660 00:29:35,710 --> 00:29:38,780 1963, I was wounded in a shootout. 661 00:29:38,850 --> 00:29:40,830 One of the Chinese gangs down on East Broadway. 662 00:29:40,880 --> 00:29:41,920 Really? 663 00:29:41,980 --> 00:29:44,160 And don't think I didn't make a collar anyway. 664 00:29:44,220 --> 00:29:45,490 Two of 'em. Yeah. 665 00:29:45,550 --> 00:29:48,500 I walked 'em out with my arm in a sling (LAUGHS) 666 00:29:48,560 --> 00:29:49,560 Could show you pictures. 667 00:29:49,630 --> 00:29:50,700 Well, actually... 668 00:29:50,760 --> 00:29:54,100 A young woman was killed around 1980. 669 00:29:54,160 --> 00:29:55,940 A Marybeth Mosley. 670 00:29:56,000 --> 00:29:58,980 The evidence from her case disappeared from the Property Room. 671 00:29:59,030 --> 00:30:00,340 Mosley. 672 00:30:01,000 --> 00:30:02,680 Oh, wait a minute. 673 00:30:02,870 --> 00:30:04,010 She was killed with a wrench. 674 00:30:04,070 --> 00:30:05,180 A ratchet, yes. 675 00:30:06,170 --> 00:30:07,310 1980? 676 00:30:07,380 --> 00:30:08,550 Right. 677 00:30:09,510 --> 00:30:11,050 So we weren't on Broome Street anymore. 678 00:30:11,110 --> 00:30:13,350 Do you remember anything out of the ordinary? 679 00:30:13,420 --> 00:30:17,520 Well, I remember some guy trying to check things out without signing for 'em. 680 00:30:17,590 --> 00:30:19,570 In fact, it was a wrench, if I do recall. 681 00:30:19,620 --> 00:30:21,330 Do you remember who? 682 00:30:21,390 --> 00:30:24,130 Some detective. I don't remember his name. 683 00:30:24,490 --> 00:30:28,840 Oh, driving for Inspector Holsick is what he told me. 684 00:30:29,970 --> 00:30:32,740 I said, "I don't care who you're driving for, Skippy." 685 00:30:32,800 --> 00:30:35,250 "You sign the ledger or you're not taking out nothing." 686 00:30:35,300 --> 00:30:36,340 And did he? 687 00:30:36,810 --> 00:30:38,840 You're damned right he did. 688 00:30:39,510 --> 00:30:42,490 JACK: Finally, Detective, did you attempt to retrieve 689 00:30:42,540 --> 00:30:44,790 the clothing Marybeth Mosley was wearing 690 00:30:44,850 --> 00:30:48,090 on the day she was killed from the Police Property Clerk's office? 691 00:30:48,150 --> 00:30:49,190 Yes. 692 00:30:49,250 --> 00:30:50,790 And the murder weapon? 693 00:30:50,850 --> 00:30:54,960 We... My partner and I were told that they couldn't be located. 694 00:30:55,020 --> 00:30:58,600 Did the Property Clerk have any explanation for why the items were missing? 695 00:30:58,660 --> 00:31:00,330 He said they might have been lost 696 00:31:00,400 --> 00:31:02,880 during the course of a move to a new building. 697 00:31:03,970 --> 00:31:06,570 Thank you, Detective. Nothing further. 698 00:31:12,410 --> 00:31:16,050 You've never laid eyes on the alleged murder weapon, have you, Detective? 699 00:31:16,110 --> 00:31:18,720 Well, I've never seen the dark side of the Moon either, Counselor, 700 00:31:18,780 --> 00:31:20,260 but I know it exists. 701 00:31:20,320 --> 00:31:21,920 Maybe that's where the ratchet is. 702 00:31:21,980 --> 00:31:23,790 (SCOFFS) Yeah, I couldn't say. 703 00:31:23,850 --> 00:31:25,630 Nor can anyone else. 704 00:31:26,460 --> 00:31:28,590 Which may mean, could it not, 705 00:31:28,660 --> 00:31:31,400 that the ratchet purportedly missing from the Sarno's garage 706 00:31:31,460 --> 00:31:33,240 wasn't the murder weapon at all? 707 00:31:33,300 --> 00:31:35,800 That the murder weapon was, in fact, 708 00:31:36,730 --> 00:31:39,340 a hammer or a paperweight. 709 00:31:39,400 --> 00:31:41,440 Well, I guess anything's possible. 710 00:31:43,270 --> 00:31:45,050 And nothing further. 711 00:31:47,740 --> 00:31:51,590 NATHANSON: Michael, how well did you know Marybeth Mosley then? 712 00:31:51,980 --> 00:31:53,960 We dated for one summer. 713 00:31:54,420 --> 00:31:56,560 Mostly we were just friends. 714 00:31:56,790 --> 00:31:57,890 Ever kiss her? 715 00:31:58,690 --> 00:31:59,790 Sure. 716 00:32:00,390 --> 00:32:02,270 Ever have sexual relations with her? 717 00:32:02,320 --> 00:32:03,560 No, sir. 718 00:32:04,030 --> 00:32:07,010 Michael, we've heard testimony that you struck Miss Mosley. 719 00:32:07,060 --> 00:32:08,300 Totally untrue. 720 00:32:08,360 --> 00:32:11,310 We've heard testimony that in front of others 721 00:32:11,370 --> 00:32:13,970 you swore you could have her whenever you wanted. 722 00:32:14,040 --> 00:32:17,710 Look, I don't remember what I said 20 years ago. 723 00:32:18,670 --> 00:32:22,050 Could I have said something like that fooling around? Sure. 724 00:32:22,110 --> 00:32:24,450 But that's what it was. Fooling around. 725 00:32:31,650 --> 00:32:34,760 Michael, did you murder Marybeth Mosley? 726 00:32:35,720 --> 00:32:37,260 I did not, sir. 727 00:32:37,990 --> 00:32:39,730 Thank you, Michael. 728 00:32:41,660 --> 00:32:42,940 Nothing further, Your Honor. 729 00:32:44,730 --> 00:32:49,200 Do you remember telling Detective Thomas Brannigan that you were in college... 730 00:32:49,270 --> 00:32:50,770 (DOOR OPENING) 731 00:32:51,440 --> 00:32:54,650 That you were in college in New Hampshire 732 00:32:54,710 --> 00:32:57,320 on the day Marybeth Mosley was murdered? 733 00:32:57,380 --> 00:32:58,650 Yes, sir. 734 00:33:02,180 --> 00:33:03,590 Was that the truth? 735 00:33:04,620 --> 00:33:05,860 No, sir. 736 00:33:06,590 --> 00:33:08,730 I'd been suspended from college. 737 00:33:08,790 --> 00:33:10,500 I didn't want my father to find out. 738 00:33:10,560 --> 00:33:13,200 And you weren't in New York City 739 00:33:13,260 --> 00:33:15,470 on the day Marybeth Mosley was killed? 740 00:33:15,530 --> 00:33:16,770 No, sir. 741 00:33:17,170 --> 00:33:18,800 But your car was? 742 00:33:24,140 --> 00:33:27,420 Your Honor, would you direct the witness to answer? 743 00:33:27,680 --> 00:33:29,020 Mr. Sarno. 744 00:33:32,050 --> 00:33:33,720 I didn't own a car, Mr. McCoy. 745 00:33:33,780 --> 00:33:36,160 All right, your father's car. 746 00:33:36,720 --> 00:33:38,700 A Triumph model TR6, 747 00:33:38,750 --> 00:33:43,360 which you routinely drove back and forth to college 748 00:33:43,430 --> 00:33:45,230 and used as your own. 749 00:33:45,330 --> 00:33:49,780 Was it, sir, in New York City the day of the murder? 750 00:33:49,970 --> 00:33:51,040 Not to my knowledge. 751 00:33:51,100 --> 00:33:55,550 Do you know how that car came to have a parking violation 752 00:33:55,600 --> 00:33:58,020 issued by the New York City Police on that day? 753 00:33:58,070 --> 00:33:59,310 NATHANSON: Objection. 754 00:33:59,370 --> 00:34:01,880 If the witness had no knowledge of the car's whereabouts 755 00:34:01,940 --> 00:34:03,850 how can he possibly answer that question? 756 00:34:03,910 --> 00:34:05,020 Sustained. 757 00:34:05,080 --> 00:34:07,820 JACK: I have no further questions at this time. 758 00:34:07,880 --> 00:34:11,420 I reserve the right to recall at a later date. 759 00:34:17,290 --> 00:34:18,330 Got anything? 760 00:34:18,390 --> 00:34:20,600 We need to talk to Brannigan. 761 00:34:24,300 --> 00:34:26,940 What is it with you guys and this case? 762 00:34:27,540 --> 00:34:29,310 That's 20 years ago. 763 00:34:29,670 --> 00:34:32,350 There's no statute of limitations on murder. 764 00:34:35,410 --> 00:34:39,260 You know how many cases I've handled in the 23 years I was on the job? 765 00:34:39,810 --> 00:34:42,350 I don't remember details of one case. 766 00:34:42,920 --> 00:34:46,130 You don't remember anyone getting rid of evidence? 767 00:34:50,090 --> 00:34:51,500 No, I don't. 768 00:34:53,760 --> 00:34:55,170 Was there anyone in the police department 769 00:34:55,230 --> 00:34:58,070 who tried to influence the way you conducted the investigation? 770 00:35:00,670 --> 00:35:01,980 What are you saying? 771 00:35:03,670 --> 00:35:05,670 We're asking the question. 772 00:35:07,680 --> 00:35:10,620 I mean, this is just a friendly conversation. 773 00:35:11,210 --> 00:35:14,750 Do you know how it happened that evidence disappeared from Property Room? 774 00:35:22,160 --> 00:35:25,230 No. No, I don't. 775 00:35:25,630 --> 00:35:27,440 I don't know nothing. 776 00:35:46,820 --> 00:35:48,730 NATHANSON: Now, you were in charge of the investigation 777 00:35:48,780 --> 00:35:51,230 into Marybeth Mosley's death, were you not? 778 00:35:51,290 --> 00:35:52,460 I was. 779 00:35:53,120 --> 00:35:57,370 And you conducted that investigation in the immediate aftermath of her death? 780 00:35:57,430 --> 00:35:58,460 Right. 781 00:35:59,090 --> 00:36:02,670 So the people who knew the defendant, who knew the victim, 782 00:36:03,730 --> 00:36:07,680 their recollection of people, places and things, 783 00:36:07,740 --> 00:36:09,270 they would have been fresh then, would they not? 784 00:36:09,340 --> 00:36:10,750 Objection. Leading. 785 00:36:11,770 --> 00:36:12,840 Sustained. 786 00:36:12,910 --> 00:36:15,150 Did you consider Michael Sarno 787 00:36:15,810 --> 00:36:17,690 a suspect at the time? 788 00:36:17,850 --> 00:36:21,890 Tell you the truth, I don't remember loving anyone all that much for a suspect. 789 00:36:21,950 --> 00:36:22,990 NATHANSON: Well, as a matter of fact, 790 00:36:23,050 --> 00:36:25,760 wasn't the primary focus of your investigation 791 00:36:25,820 --> 00:36:27,890 a plumber who'd been working at the Mosley house? 792 00:36:27,960 --> 00:36:29,130 Right. 793 00:36:29,590 --> 00:36:31,500 I thought we had half a shot with the plumber. 794 00:36:33,860 --> 00:36:37,040 Well, why didn't you think you had half a shot with Michael Sarno? 795 00:36:37,100 --> 00:36:40,910 As far as we knew, he wasn't in New York at the time of the murder. 796 00:36:40,970 --> 00:36:42,570 It was the end of the story. 797 00:36:44,170 --> 00:36:46,080 I have nothing further. 798 00:37:02,420 --> 00:37:06,870 Do you think your opinion of the defendant's whereabouts would have changed 799 00:37:06,930 --> 00:37:11,000 if you knew his car had received a parking violation in New York 800 00:37:11,070 --> 00:37:12,270 at the time of the murder? 801 00:37:12,330 --> 00:37:17,280 As I recall, the car that received the parking ticket was registered to his father. 802 00:37:17,710 --> 00:37:18,780 But driven by the defendant. 803 00:37:19,570 --> 00:37:22,580 I don't recall having that information at the time. 804 00:37:22,640 --> 00:37:23,710 What about the fact 805 00:37:24,050 --> 00:37:27,320 that a one-inch drive ratchet was the murder weapon, 806 00:37:27,620 --> 00:37:32,030 and a one-inch drive ratchet was missing from the defendant's father's garage? 807 00:37:32,090 --> 00:37:34,790 Given the fact that we lost the murder weapon, 808 00:37:34,860 --> 00:37:37,230 I couldn't very well make a case out of that. 809 00:37:37,290 --> 00:37:39,330 Would you, by any chance, 810 00:37:39,390 --> 00:37:42,070 know how the murder weapon came to be lost? 811 00:37:42,130 --> 00:37:43,670 No, I wouldn't. 812 00:37:45,030 --> 00:37:48,670 Were you familiar with a police inspector named Alvin Holsick? 813 00:37:52,210 --> 00:37:54,190 Yeah, I knew Al Holsick. 814 00:37:54,840 --> 00:37:55,880 Were you aware 815 00:37:55,940 --> 00:37:58,790 that from the time of his retirement until his death two years ago 816 00:37:58,850 --> 00:38:01,520 he was working for the defendant's father 817 00:38:01,580 --> 00:38:05,220 and being paid more than a hundred thousand dollars a year? 818 00:38:06,090 --> 00:38:09,660 I don't know if I knew that at all. 819 00:38:09,720 --> 00:38:12,170 I kind of lost track when he took retirement. 820 00:38:12,230 --> 00:38:15,440 Were you aware that it was Alvin Holsick's driver 821 00:38:15,730 --> 00:38:18,110 who removed the murder weapon from the Property Room? 822 00:38:18,170 --> 00:38:20,580 Objection. Assuming facts not in evidence. 823 00:38:21,270 --> 00:38:22,510 I'll connect, Judge. 824 00:38:22,770 --> 00:38:24,840 Overruled, subject to connection. 825 00:38:28,310 --> 00:38:29,650 Detective? 826 00:38:31,880 --> 00:38:33,550 I don't know who took it. 827 00:38:36,750 --> 00:38:39,760 All right, Detective, I'm going to ask you a question, 828 00:38:39,820 --> 00:38:43,030 and I want you to think about it before you answer. 829 00:38:43,560 --> 00:38:47,230 Because what you say will be with you for the rest of your life. 830 00:38:50,730 --> 00:38:54,200 Did Inspector Holsick interfere with your investigation? 831 00:39:00,710 --> 00:39:02,690 Holsick looked after me. 832 00:39:04,050 --> 00:39:06,290 He said, "Sarno's not the guy." 833 00:39:07,150 --> 00:39:08,960 I was a little naive. 834 00:39:09,180 --> 00:39:11,960 I said, "I don't know, Inspector, I think maybe he is." 835 00:39:12,650 --> 00:39:16,120 He said, "You're not hearing me, Tommy. I'm telling you." 836 00:39:16,190 --> 00:39:18,000 "Sarno's not the guy." 837 00:39:19,190 --> 00:39:22,040 "And as soon as that proves to be the case," 838 00:39:22,160 --> 00:39:24,700 "you just made yourself First Grade." 839 00:39:25,400 --> 00:39:26,640 And how did your respond? 840 00:39:26,700 --> 00:39:29,110 I said, "What about the evidence?" 841 00:39:29,440 --> 00:39:31,880 He said, "Make sure that the murder weapon" 842 00:39:31,940 --> 00:39:34,980 "is checked into the Property Room." He'd take care of it. 843 00:39:35,040 --> 00:39:38,120 He said Sarno was spreading around enough cash 844 00:39:38,880 --> 00:39:41,720 that whatever's out there wouldn't bite us. 845 00:39:43,690 --> 00:39:44,820 Did you do what you were told? 846 00:39:44,890 --> 00:39:47,030 I made First Grade, didn't I? 847 00:39:49,190 --> 00:39:52,070 No special pins, nothing on the uniform. 848 00:39:52,130 --> 00:39:56,340 Just top Lieutenant's pay and every cop knows. 849 00:39:57,330 --> 00:39:59,740 My old man, rest his soul, 850 00:39:59,800 --> 00:40:02,650 he looked on First Graders like they walked on water. 851 00:40:02,700 --> 00:40:06,380 When I got it, I went down to the nursing home and I told him. 852 00:40:06,440 --> 00:40:09,580 I didn't tell him what I had to do to get it. 853 00:40:12,450 --> 00:40:15,720 That I had to let that murdering son of a bitch go. 854 00:40:21,860 --> 00:40:24,890 We're prepared to offer a plea of Manslaughter Two. 855 00:40:24,960 --> 00:40:27,800 Oh. As opposed to an acquittal? 856 00:40:27,860 --> 00:40:30,310 As opposed to giving this case to the jury, 857 00:40:30,370 --> 00:40:33,110 in which case, regardless of the verdict, 858 00:40:33,500 --> 00:40:36,000 we will prosecute Mr. Sarno Senior here 859 00:40:36,070 --> 00:40:39,880 for obstruction of justice and conspiracy to obstruct justice. 860 00:40:39,970 --> 00:40:41,250 Have you lost your mind? 861 00:40:41,310 --> 00:40:42,810 NATHANSON: Peter... I didn't have any... 862 00:40:42,880 --> 00:40:44,020 Peter, just hang on a second. 863 00:40:44,080 --> 00:40:45,820 Let's assume you have more than the say-so 864 00:40:45,880 --> 00:40:48,190 of this broken down cop to go on, which I don't think you do. 865 00:40:48,250 --> 00:40:51,750 You're talking about something that happened 20 years ago, Jack. 866 00:40:51,850 --> 00:40:54,660 Statute of limitations ran out a long time ago. Come on. 867 00:40:54,720 --> 00:40:57,730 We would argue that the conspiracy has been ongoing, 868 00:40:57,790 --> 00:41:00,600 and that since Mr. Sarno actively concealed his crime, 869 00:41:00,660 --> 00:41:02,840 the statute of limitations does not apply. 870 00:41:02,900 --> 00:41:04,770 Plea... Wrong on the facts, wrong on the law. 871 00:41:04,830 --> 00:41:06,680 Want to go to court on it? 872 00:41:06,730 --> 00:41:08,270 JACK: Take a chance on the Ambassador 873 00:41:08,340 --> 00:41:10,280 having an E-felony hung around his neck? 874 00:41:10,340 --> 00:41:12,250 He doesn't deserve that. 875 00:41:12,610 --> 00:41:14,180 Plead guilty and your father's off the hook. 876 00:41:14,240 --> 00:41:16,650 But I mean, he doesn't deserve it. 877 00:41:17,050 --> 00:41:19,920 If there was a crime, it was my crime. Why would you go after him? 878 00:41:19,980 --> 00:41:21,720 I'd like to talk to my son privately. 879 00:41:21,780 --> 00:41:23,520 Like how much time would I have to spend in jail 880 00:41:23,580 --> 00:41:25,260 for Manslaughter Two or whatever it is? 881 00:41:25,320 --> 00:41:27,960 Did you hear what I said, Michael? I'd like to talk to you privately. 882 00:41:28,020 --> 00:41:31,800 The sentencing recommendation would be eight-and-a-third to 12 years. 883 00:41:31,860 --> 00:41:34,240 PETER: Talk to me, don't talk to him. 884 00:41:34,300 --> 00:41:36,040 You're not his lawyer, Mr. Sarno. 885 00:41:36,100 --> 00:41:37,910 That's right, I'm his father. 886 00:41:37,970 --> 00:41:39,470 He's 39 years old. 887 00:41:39,530 --> 00:41:42,640 He's also loaded or haven't you noticed that yet? 888 00:41:45,170 --> 00:41:46,910 Michael, that true? 889 00:41:48,340 --> 00:41:49,620 I'm fine. 890 00:41:50,410 --> 00:41:53,120 All right, he can't participate in plea discussions, 891 00:41:53,180 --> 00:41:55,130 if he's intoxicated. Come on. 892 00:41:55,180 --> 00:41:57,990 Fine. We can continue without him. 893 00:41:59,790 --> 00:42:01,770 Or we can resume this tomorrow. 894 00:42:01,820 --> 00:42:03,170 I'm going to call your boss. 895 00:42:03,220 --> 00:42:05,670 I'm going to get both of you busted down the ranks. 896 00:42:05,730 --> 00:42:08,110 You will be lucky if they let you work arraignment 897 00:42:08,160 --> 00:42:10,800 from the drunk tank on Saturday nights! 898 00:42:11,200 --> 00:42:13,300 We don't have much of a social life as it is. 899 00:42:13,370 --> 00:42:14,810 Make whatever the arrangements are. 900 00:42:14,870 --> 00:42:15,970 I'll plead guilty to Manslaughter. 901 00:42:16,040 --> 00:42:17,480 I'm telling you to keep your mouth shut. 902 00:42:17,540 --> 00:42:19,140 You're a drunk you're a junkie. 903 00:42:19,210 --> 00:42:20,980 I'm also a murderer! 904 00:42:29,280 --> 00:42:31,630 Obviously we'll need to confirm 905 00:42:31,690 --> 00:42:35,630 he's not impaired when he enters his plea formally. 906 00:42:37,560 --> 00:42:39,600 You're going to answer for this. 907 00:42:41,660 --> 00:42:43,200 As will we all. 908 00:43:03,120 --> 00:43:04,290 Tommy? 909 00:43:05,550 --> 00:43:07,330 Tommy, you in there? 910 00:43:12,430 --> 00:43:13,930 There you are. 911 00:43:15,700 --> 00:43:19,080 My wife's been after me to fix this thing for a year. 912 00:43:20,300 --> 00:43:22,940 It's good you finally got around to it. 913 00:43:23,040 --> 00:43:25,240 Afraid I was gonna eat my gun? 914 00:43:27,080 --> 00:43:29,110 Now, why would you do that? 915 00:43:29,840 --> 00:43:31,590 I disgraced myself. 916 00:43:32,950 --> 00:43:34,620 Disgraced the job. 917 00:43:36,680 --> 00:43:38,430 You made a mistake. 918 00:43:39,020 --> 00:43:41,230 It's not the end of the world. 919 00:43:45,930 --> 00:43:47,410 I let him go. 920 00:43:48,760 --> 00:43:51,180 He killed a girl and I let him go. 921 00:43:53,330 --> 00:43:55,080 So now he's caught. 922 00:44:02,540 --> 00:44:04,450 You forgive me, Lennie? 923 00:44:08,450 --> 00:44:10,220 All day long, Tommy. 924 00:44:11,050 --> 00:44:12,530 All day long.