1 00:00:07,470 --> 00:00:09,140 NARRATOR: In the criminal justice system 2 00:00:09,200 --> 00:00:13,180 the people are represented by two separate yet equally important groups, 3 00:00:13,240 --> 00:00:15,050 the police who investigate crime 4 00:00:15,110 --> 00:00:17,920 and the district attorneys who prosecute the offenders. 5 00:00:17,980 --> 00:00:19,650 These are their stories. 6 00:00:21,550 --> 00:00:24,460 Okay, I got seven bags sourdough and 13 baguettes. 7 00:00:24,520 --> 00:00:26,290 Supposed to be 14 baguettes. 8 00:00:26,360 --> 00:00:27,630 Hey, I counted 'em twice. 9 00:00:27,690 --> 00:00:29,830 Look, just take three loaves out of each bag. 10 00:00:29,890 --> 00:00:32,240 Then they complain to me that it's light. 11 00:00:32,290 --> 00:00:34,400 Get out of here before they complain you're late. 12 00:00:45,140 --> 00:00:46,410 Oh, man. 13 00:00:49,410 --> 00:00:51,480 The bakery workers found her when they opened up this morning. 14 00:00:51,550 --> 00:00:52,620 Around about 5:30. 15 00:00:52,680 --> 00:00:54,020 Any ID? Nothing. 16 00:00:54,120 --> 00:00:56,720 I got some guys out looking in the trash cans for a purse. 17 00:00:56,790 --> 00:00:59,200 She's got bruises on her neck, Lennie. 18 00:00:59,390 --> 00:01:01,390 Her heel's practically broken off. 19 00:01:01,460 --> 00:01:03,330 SERGEANT: It's tough to run from somebody in those things. 20 00:01:03,390 --> 00:01:06,600 Sarge. I found this handbag two blocks over. 21 00:01:06,660 --> 00:01:07,970 Let me see that. 22 00:01:09,300 --> 00:01:10,640 It matches her outfit. 23 00:01:12,130 --> 00:01:14,640 Huh, just cigarettes and a lipstick. 24 00:01:14,700 --> 00:01:17,270 She could've been out late at one of these bars or restaurants around here. 25 00:01:17,340 --> 00:01:18,440 Or a party. 26 00:01:18,510 --> 00:01:19,680 Whoa! 27 00:01:19,740 --> 00:01:20,880 That looks like ecstasy. 28 00:01:21,380 --> 00:01:22,650 The party's over. 29 00:02:13,100 --> 00:02:15,440 Bruised neck, petechial hemorrhages in the eyes. 30 00:02:15,500 --> 00:02:16,910 You have a good, old-fashioned strangling. 31 00:02:16,970 --> 00:02:18,000 From the front or the back? 32 00:02:18,070 --> 00:02:19,700 Missionary position. 33 00:02:19,770 --> 00:02:21,370 His thumbs crushed her larynx. 34 00:02:21,470 --> 00:02:23,750 I make time of death between 1:00 and 2:00 a.m. 35 00:02:23,840 --> 00:02:25,790 So, he's choking her face to face. 36 00:02:25,840 --> 00:02:28,080 She must've tried to pry his hands loose. 37 00:02:28,140 --> 00:02:29,320 Any skin under her nails? 38 00:02:29,380 --> 00:02:31,150 No, my guess is the perp had gloves on. 39 00:02:31,280 --> 00:02:32,720 What about sexual assault? 40 00:02:32,780 --> 00:02:34,260 Everything's shipshape down there. 41 00:02:34,320 --> 00:02:36,090 Did you find MDMA in her tox screen? 42 00:02:36,590 --> 00:02:39,190 No ecstasy, but her blood alcohol was up there. 43 00:02:39,250 --> 00:02:40,820 Did you get a read on stomach contents? 44 00:02:40,890 --> 00:02:43,130 No, she hadn't eaten food in awhile. 45 00:02:43,360 --> 00:02:45,740 Her last meal was a sour apple martini. 46 00:02:46,700 --> 00:02:48,270 Straight up, or on the rocks? 47 00:02:49,400 --> 00:02:51,140 Do we have an ID on her? 48 00:02:51,200 --> 00:02:52,700 We're canvassing the neighborhood with a photo, 49 00:02:52,770 --> 00:02:53,800 but nothing so far. 50 00:02:53,870 --> 00:02:55,310 Too early for a Missing Persons report. 51 00:02:55,370 --> 00:02:56,370 Well, how about prints? 52 00:02:56,440 --> 00:02:57,440 She's not in the system. 53 00:02:57,510 --> 00:02:58,990 Hey, it was only a matter of time. 54 00:02:59,040 --> 00:03:01,420 The lab confirmed the 25 hits of ecstasy in her purse, 55 00:03:01,480 --> 00:03:03,460 and they couldn't have all been for recreational use. 56 00:03:03,510 --> 00:03:05,580 Well, this type of martini she was drinking... 57 00:03:05,650 --> 00:03:06,750 Sour apple. 58 00:03:06,820 --> 00:03:08,290 It's gonna be tough to figure out who serves 'em 59 00:03:08,350 --> 00:03:09,660 until the bars open up. 60 00:03:09,720 --> 00:03:12,130 Hope you guys have some basic black to change into. 61 00:03:14,120 --> 00:03:16,760 The bartender said you were working the lounge last night. 62 00:03:16,830 --> 00:03:18,400 Yeah, 9:00 to 4:00. 63 00:03:18,460 --> 00:03:20,600 Did you serve any sour apple martinis? 64 00:03:21,160 --> 00:03:22,340 Are they illegal now? 65 00:03:23,930 --> 00:03:25,640 Guys, where's your sense of humor? 66 00:03:25,700 --> 00:03:28,080 We lost it about seven bars ago. 67 00:03:28,140 --> 00:03:31,210 (SIGHS) Yeah, I served about 100 of those things. 68 00:03:31,670 --> 00:03:33,680 Did you serve any to her? 69 00:03:37,510 --> 00:03:38,680 What happened to her? 70 00:03:39,080 --> 00:03:41,060 She was killed a few blocks from here. 71 00:03:42,580 --> 00:03:45,570 Yeah, um, I served two or three to her, 72 00:03:45,620 --> 00:03:47,500 and few to the guy who was hitting on her. 73 00:03:47,560 --> 00:03:48,970 Either one of them a regular? 74 00:03:49,020 --> 00:03:50,300 I didn't recognize them. 75 00:03:50,360 --> 00:03:52,500 ED: Did you see the two of them leave together? 76 00:03:52,560 --> 00:03:53,840 Yeah, maybe. 77 00:03:53,900 --> 00:03:56,470 How'd they settle up, uh, credit or cash? 78 00:03:57,800 --> 00:03:59,440 His American Express Platinum. 79 00:03:59,500 --> 00:04:01,170 I'll get the charge slip from the manager. 80 00:04:02,970 --> 00:04:04,510 What is this about? 81 00:04:04,570 --> 00:04:07,140 You were at the Zircon lounge two nights ago? 82 00:04:07,340 --> 00:04:08,620 Uh, yeah. 83 00:04:09,140 --> 00:04:12,610 Uh, maybe you'd be more comfortable talking down at the precinct. 84 00:04:13,620 --> 00:04:14,650 What do you want to know? 85 00:04:15,320 --> 00:04:17,960 Who was the woman you were with that night, Mr. Gibson? 86 00:04:29,060 --> 00:04:30,270 A girl named Angela, all right. 87 00:04:30,330 --> 00:04:32,110 I met her at the bar around 11:30, 88 00:04:32,170 --> 00:04:33,440 and I bought her a few drinks. 89 00:04:33,500 --> 00:04:35,780 You buy anything else beside a few drinks? 90 00:04:35,840 --> 00:04:36,940 Like what? 91 00:04:38,110 --> 00:04:39,950 Like ecstasy, maybe? 92 00:04:40,310 --> 00:04:42,580 I get tested here, all right. 93 00:04:42,640 --> 00:04:45,280 I got her cell phone number, took a taxi home. Alone. 94 00:04:45,510 --> 00:04:46,720 She had a cell phone with her? 95 00:04:46,780 --> 00:04:49,630 Yeah, she went out a few times to take calls. 96 00:04:49,680 --> 00:04:51,860 I actually thought things were going pretty well, 97 00:04:51,920 --> 00:04:53,700 until she noticed some guy come into the bar. 98 00:04:53,760 --> 00:04:56,400 She gets up, she goes to the bathroom, she never comes back. 99 00:04:56,790 --> 00:04:58,100 I figured it was an old boyfriend. 100 00:04:58,160 --> 00:04:59,330 What did he look like? 101 00:04:59,760 --> 00:05:04,770 Uh, about 6'1 ", 6'2", my age, light hair, black jacket. 102 00:05:05,200 --> 00:05:06,470 I think he might've had a friend with him. 103 00:05:06,530 --> 00:05:07,810 What time did you get home? 104 00:05:07,870 --> 00:05:11,510 About 1:00,1:15. You can check with my doorman. 105 00:05:12,240 --> 00:05:13,450 We will. 106 00:05:13,510 --> 00:05:15,780 And, uh, we're gonna need that cell phone number. 107 00:05:23,290 --> 00:05:27,060 Lennie. Here she is. Angela Jarrell. 108 00:05:27,790 --> 00:05:29,500 Nicer than the one we got. 109 00:05:30,460 --> 00:05:31,630 Here's her wallet. 110 00:05:34,400 --> 00:05:37,670 Well, if the perp robbed her, all he got was her cell phone. 111 00:05:37,730 --> 00:05:39,410 Have you had any problems here? 112 00:05:39,470 --> 00:05:42,180 Nothing unusual. Complaints about her music. 113 00:05:42,240 --> 00:05:43,980 She's behind on her rent a few months. 114 00:05:44,070 --> 00:05:45,450 How much does she owe? 115 00:05:45,510 --> 00:05:48,250 About three grand. Her father used to send me a check 116 00:05:48,310 --> 00:05:49,720 from Minnesota or someplace. 117 00:05:49,780 --> 00:05:51,090 Then, about six months ago, 118 00:05:51,150 --> 00:05:52,990 she started giving me cash. 119 00:05:53,050 --> 00:05:54,790 That's when she fell behind. 120 00:05:54,880 --> 00:05:56,920 You know how we can get in touch with her parents? 121 00:05:57,150 --> 00:05:59,260 I'm sure it's on her rental application. 122 00:06:00,590 --> 00:06:03,470 My parents couldn't make the trip. They're in shock. 123 00:06:04,590 --> 00:06:07,070 My father says he'll never set foot in this place. 124 00:06:07,200 --> 00:06:08,470 Maybe he'll feel differently 125 00:06:08,530 --> 00:06:10,840 when we have your sister's killer on trial. 126 00:06:12,670 --> 00:06:15,840 Angela's dreamed of coming here since she was 10 years old. 127 00:06:15,900 --> 00:06:17,110 (INDISTINCT CHATTERING) 128 00:06:17,170 --> 00:06:19,620 I just can't believe this is how it ended. 129 00:06:22,740 --> 00:06:25,490 Did your sister ever mention what she was doing here, Ms. Jarrell? 130 00:06:26,410 --> 00:06:29,660 Well, she called about the auditions she went on, 131 00:06:29,720 --> 00:06:31,060 the parts she never got, 132 00:06:31,120 --> 00:06:32,720 some of the guys she met. 133 00:06:33,390 --> 00:06:36,270 Did she ever talk about having any trouble with any of them? 134 00:06:36,320 --> 00:06:37,360 No. 135 00:06:37,430 --> 00:06:38,870 Was she working at all? 136 00:06:38,930 --> 00:06:42,930 Well, my dad couldn't make ends meet and still pay her rent, 137 00:06:43,000 --> 00:06:45,170 so she took a job at a copy place. 138 00:06:45,930 --> 00:06:47,000 Where was that? 139 00:06:47,070 --> 00:06:50,020 She said it was on the same block as her apartment, 140 00:06:50,070 --> 00:06:52,610 so dad didn't have to worry about her on the subway at night. 141 00:06:53,140 --> 00:06:57,110 Ms. Jarrell, there isn't any copy place near where your sister lived. 142 00:07:00,120 --> 00:07:01,560 What are you saying? 143 00:07:02,820 --> 00:07:05,420 Did your sister ever mention anything about ecstasy? 144 00:07:08,660 --> 00:07:10,190 What is it, Ms. Jarrell? 145 00:07:11,790 --> 00:07:14,240 Well, Angela wanted me to try some with her 146 00:07:14,300 --> 00:07:16,000 when she came home last Christmas. 147 00:07:16,700 --> 00:07:19,340 Some guy she knew turned her on to it. 148 00:07:19,400 --> 00:07:21,570 She said it was an unbelievable high, 149 00:07:21,640 --> 00:07:23,980 that it would really open me up. 150 00:07:24,570 --> 00:07:27,490 She liked it so much, she may have been selling it. 151 00:07:29,140 --> 00:07:31,950 Can you think of anybody she might have been in business with? 152 00:07:33,080 --> 00:07:35,320 We're sorry to lay this on you, but we... 153 00:07:35,850 --> 00:07:37,630 It might help us figure out who killed her. 154 00:07:39,650 --> 00:07:42,460 I wish I could tell you, but I really don't know. 155 00:07:43,530 --> 00:07:45,630 I'm just glad my father didn't come here. 156 00:07:50,470 --> 00:07:51,880 Hey, Lou. Yeah. 157 00:07:51,930 --> 00:07:54,970 Looks like Angela Jarrell's day job was dealing E. 158 00:07:55,040 --> 00:07:56,610 And you think that's what got her killed? 159 00:07:56,670 --> 00:07:58,170 The spot where she was strangled wasn't on her way home. 160 00:07:58,240 --> 00:08:00,050 We figure she went there with somebody she knew. 161 00:08:00,110 --> 00:08:02,650 And that Wall Street guy's alibi checks out. 162 00:08:02,740 --> 00:08:04,750 Well, here are the IUDs from her cell phone. 163 00:08:04,810 --> 00:08:07,760 Four calls from the same number while she was at the bar. 164 00:08:11,490 --> 00:08:12,930 Yeah, I called Angela. 165 00:08:12,990 --> 00:08:14,470 I was supposed to meet her for a drink. 166 00:08:14,520 --> 00:08:15,520 She never called me back. 167 00:08:15,590 --> 00:08:16,660 So, did you go meet her? 168 00:08:16,720 --> 00:08:18,400 I was here with my girlfriend all night. 169 00:08:18,460 --> 00:08:19,730 Wait a minute. Hold on. Let me get this straight. 170 00:08:19,790 --> 00:08:21,640 You're here with your girlfriend, and at the same time, 171 00:08:21,700 --> 00:08:23,680 you're trying to get with Angela at 12:30 in the morning? 172 00:08:23,730 --> 00:08:25,970 Four phone calls. Sounds like you were, 173 00:08:26,030 --> 00:08:28,040 uh, kind of obsessed with meeting her. 174 00:08:28,100 --> 00:08:30,510 Maybe you were trying to get your hands on some ecstasy. 175 00:08:32,110 --> 00:08:33,640 So, you know what she was doing. 176 00:08:33,710 --> 00:08:36,190 She had 25 hits on her when she died. 177 00:08:36,240 --> 00:08:38,020 Look, Angela wasn't like you think. 178 00:08:38,080 --> 00:08:41,690 I mean, she was the most incompetent drug dealer you ever saw. 179 00:08:42,280 --> 00:08:44,660 She was supposed to come over here on her way home 180 00:08:44,720 --> 00:08:47,000 and roll with us, but she never showed up. 181 00:08:47,060 --> 00:08:50,060 Do you have any idea who might have gotten her into this, Mr. Daltrey? 182 00:08:50,120 --> 00:08:51,130 (SIGHS) 183 00:08:51,430 --> 00:08:52,630 Look, this might be something. 184 00:08:52,690 --> 00:08:55,170 I once asked Angela if she could, you know, 185 00:08:55,230 --> 00:08:56,970 find me something more serious. 186 00:08:57,030 --> 00:08:58,200 She gave me a guy's phone number. 187 00:08:58,270 --> 00:08:59,400 Do you still have the number? 188 00:08:59,470 --> 00:09:02,180 I threw it away. But I remember, his name was Taz. 189 00:09:02,740 --> 00:09:05,050 We can try running it as an AKA. 190 00:09:05,740 --> 00:09:06,740 Thanks. 191 00:09:10,180 --> 00:09:13,280 Thursday, um, no. I was home all night. Why? 192 00:09:13,380 --> 00:09:16,260 We heard you were at the Zircon lounge in Tribeca. 193 00:09:16,320 --> 00:09:18,130 We're investigating an incident there. 194 00:09:18,190 --> 00:09:20,830 No, I'm not getting around too well since I busted my foot, so... 195 00:09:20,890 --> 00:09:23,630 Do you know a woman named Angela Jarrell? 196 00:09:23,890 --> 00:09:25,630 Doesn't ring a bell, no. 197 00:09:25,690 --> 00:09:27,170 How'd you hurt yourself, Mr. Partell? 198 00:09:27,260 --> 00:09:29,570 You wouldn't believe it, I dropped a hammer on it. 199 00:09:29,630 --> 00:09:31,510 Broke one of those little bones. (CHUCKLES) 200 00:09:31,730 --> 00:09:32,970 At work? 201 00:09:33,030 --> 00:09:34,170 Nah. Nah. I'm in between jobs. 202 00:09:34,240 --> 00:09:37,240 I was, uh, putting shelves up in the closet. 203 00:09:37,410 --> 00:09:38,910 Mmm. When was that? 204 00:09:40,340 --> 00:09:41,480 Last weekend. 205 00:09:44,180 --> 00:09:45,560 What, you don't believe me? 206 00:09:45,750 --> 00:09:47,420 We ran your sheet. 207 00:09:47,980 --> 00:09:49,220 How'd you get your cleaning? 208 00:09:49,450 --> 00:09:53,230 They deliver. Now look, if there's nothing else... 209 00:09:53,290 --> 00:09:54,290 Okay? 210 00:09:54,420 --> 00:09:57,160 How about somebody that can account for your whereabouts Thursday night. 211 00:09:57,230 --> 00:09:59,210 Like I said, I was here alone, all right? 212 00:10:00,030 --> 00:10:02,600 Now, if you guys got nothing else to ask me... 213 00:10:04,100 --> 00:10:05,410 Goodbye. 214 00:10:12,340 --> 00:10:14,010 She's got a broken right heel, 215 00:10:14,080 --> 00:10:15,750 he's got a broken left foot. 216 00:10:15,810 --> 00:10:17,260 She's got two hands around her neck, 217 00:10:17,310 --> 00:10:18,550 that's probably all she could do. 218 00:10:18,610 --> 00:10:21,320 Gibson told us the guy in the bar was wearing a black jacket. 219 00:10:21,420 --> 00:10:23,490 Did you notice the jacket in the dry cleaner's bag? 220 00:10:23,550 --> 00:10:25,900 Yeah, I noticed the receipt, too. Parisian Dry Cleaners. 221 00:10:26,120 --> 00:10:28,160 Let's find out if Partell took that jacket in 222 00:10:28,220 --> 00:10:30,200 to clean up after a night on the town. 223 00:10:32,490 --> 00:10:34,470 Um, no deliveries this week. 224 00:10:34,530 --> 00:10:37,200 He picked up his dry cleaning on the 26th. 225 00:10:38,070 --> 00:10:39,810 That's two days before the murder, Lennie. 226 00:10:39,870 --> 00:10:41,070 He picked it up? 227 00:10:42,000 --> 00:10:46,010 Um... "A leather jacket, two pairs of pants, three shirts." 228 00:10:46,440 --> 00:10:48,390 And how'd he manage all that on his crutches? 229 00:10:49,440 --> 00:10:50,920 He didn't have crutches. 230 00:10:51,280 --> 00:10:52,450 You sure? 231 00:10:52,510 --> 00:10:55,220 I couldn't find his cleaning, he saw it on the rack, 232 00:10:55,280 --> 00:10:57,260 and he walked around the counter and took it down for me. 233 00:11:00,360 --> 00:11:01,360 Thanks. 234 00:11:04,760 --> 00:11:07,170 You lied about when you hurt your foot, Partell. 235 00:11:07,760 --> 00:11:09,870 I think possibly you may have misunderstood me. 236 00:11:10,130 --> 00:11:11,130 (CHUCKLES) Yeah, right. 237 00:11:11,570 --> 00:11:15,340 So, what happened? Somebody break off a high heel on your toe? 238 00:11:15,700 --> 00:11:19,310 Hey, guys, what's the point of dragging me down here, really, you know... 239 00:11:19,610 --> 00:11:22,280 Criminal sale of a controlled substance in '95, 240 00:11:22,340 --> 00:11:24,620 gun possession in '97, you fit the profile. 241 00:11:25,380 --> 00:11:26,880 (INHALING) ls my lawyer here? 242 00:11:27,350 --> 00:11:29,950 You know, once we connect you to Angela Jarrell, it's over. 243 00:11:30,490 --> 00:11:32,360 Yeah, you go right ahead, connect me, okay. 244 00:11:32,420 --> 00:11:34,200 We got witnesses coming down. 245 00:11:34,260 --> 00:11:35,390 If they put you in that bar... 246 00:11:35,460 --> 00:11:36,460 (KNOCKING ON DOOR) 247 00:11:37,090 --> 00:11:40,040 This is Mr. Hauser, Mr. Partell's attorney. 248 00:11:40,190 --> 00:11:41,400 No more questions, gentlemen. 249 00:11:41,700 --> 00:11:44,610 Aw, you sure you don't want to join us for a few minutes, Counselor? 250 00:11:45,530 --> 00:11:46,710 Is my client under arrest? 251 00:11:46,770 --> 00:11:49,040 We'll let you know after the lineup. 252 00:11:52,470 --> 00:11:54,610 Do you recognize anyone, Mr. Gibson? 253 00:11:55,680 --> 00:11:57,920 Uh, can you ask number two to come closer? 254 00:11:59,980 --> 00:12:01,960 Number two, please step forward. 255 00:12:20,400 --> 00:12:22,510 He might've been one of the guys I saw at the bar. 256 00:12:22,570 --> 00:12:23,950 Uh, I'm not sure. 257 00:12:24,510 --> 00:12:25,850 VAN BUREN: Thanks, Mr. Gibson. 258 00:12:25,910 --> 00:12:27,080 I'm sorry. 259 00:12:27,180 --> 00:12:29,050 HAUSER: I take it Mr. Partell will be released? 260 00:12:29,110 --> 00:12:30,110 For now. 261 00:12:33,050 --> 00:12:34,190 How about the waitress in the bar? 262 00:12:34,620 --> 00:12:36,530 She said she don't remember seeing Partell. 263 00:12:36,580 --> 00:12:38,590 Well, the other guy Gibson mentioned, 264 00:12:38,650 --> 00:12:41,960 were there any co-defendants on Partell's old drug cases? 265 00:12:42,020 --> 00:12:44,160 We can run the arrest numbers off his rap sheet, 266 00:12:44,230 --> 00:12:45,260 see who turns up. 267 00:12:45,790 --> 00:12:46,790 Good. 268 00:12:47,930 --> 00:12:51,140 Yeah, me and Taz got arrested together. I did my nine months. 269 00:12:51,200 --> 00:12:52,340 You two still hang out? 270 00:12:52,400 --> 00:12:54,710 Not for about a year. We don't get along too good. 271 00:12:54,770 --> 00:12:56,110 Business dispute? 272 00:12:56,170 --> 00:13:00,380 I'm out of that. I got my 9:00 to 5:00 now. 273 00:13:02,110 --> 00:13:03,320 So, what's up with this? 274 00:13:03,610 --> 00:13:05,110 You're too old to be from narcotics. 275 00:13:05,180 --> 00:13:06,520 We're homicide. 276 00:13:06,580 --> 00:13:07,920 From the Bronx? Manhattan. 277 00:13:08,480 --> 00:13:09,720 Why'd you say the Bronx? 278 00:13:10,220 --> 00:13:11,820 No reason. ED: Just popped into your head? 279 00:13:11,890 --> 00:13:12,890 Yeah. 280 00:13:12,950 --> 00:13:15,660 Then you're coming with us to explain where you were Thursday night. 281 00:13:16,490 --> 00:13:17,600 I was working here. 282 00:13:17,660 --> 00:13:19,040 You can ask my boss. 283 00:13:19,090 --> 00:13:21,800 Listen, if you want to save yourself a ride downtown, Mr. Quintana, 284 00:13:21,860 --> 00:13:24,470 I suggest you tell us why you thought we were Bronx homicide. 285 00:13:28,470 --> 00:13:30,380 Taz should've caught a body a couple of years ago, 286 00:13:30,440 --> 00:13:31,540 except he skated. 287 00:13:31,770 --> 00:13:33,810 There's no homicide arrest on his rap sheet. 288 00:13:35,510 --> 00:13:37,490 I got a break coming. You wanna buy me a coffee? 289 00:13:39,480 --> 00:13:41,650 So me and Taz are in this spot up in the Bronx, right, 290 00:13:41,720 --> 00:13:42,750 the Grand Slam. 291 00:13:42,820 --> 00:13:44,520 That's the dance club, up by Yankee Stadium, right? 292 00:13:44,590 --> 00:13:47,030 Yeah. So, I'm in my truck smoking a bone, right? 293 00:13:47,660 --> 00:13:50,230 Taz comes out, tells me to drive back to the club. 294 00:13:50,290 --> 00:13:52,530 Then he goes under my seat and grabs a .25 295 00:13:52,590 --> 00:13:54,440 he had stashed there before we went in. 296 00:13:54,500 --> 00:13:57,670 So, I figure he's gonna show it to some girl, right? 297 00:13:57,730 --> 00:13:59,910 I'm waiting across the street, 298 00:13:59,970 --> 00:14:02,310 and I see Taz step up on the bouncer. 299 00:14:02,370 --> 00:14:04,650 (MIMICS GUN FIRING) Then his gun jams. 300 00:14:04,710 --> 00:14:06,340 So, he kicks him as he goes down, you know. 301 00:14:06,410 --> 00:14:08,580 And I'm like, bugging out on this, right? 302 00:14:08,640 --> 00:14:10,820 Then Taz jumps back in my truck, 303 00:14:10,880 --> 00:14:13,320 and I don't' want him in my truck, right? 304 00:14:13,380 --> 00:14:14,950 So, I drop him off in the subway. 305 00:14:15,020 --> 00:14:16,620 Why are you telling us this now? 306 00:14:16,680 --> 00:14:21,760 A, Taz screwed me. B, the cops picked up the wrong guy behind this. 307 00:14:21,820 --> 00:14:23,130 Somebody else was arrested? 308 00:14:23,190 --> 00:14:25,540 Two days later. I read it in the paper. 309 00:14:29,700 --> 00:14:33,080 Bouncer at the Grand Slam. Sure, I remember it. About two years ago. 310 00:14:33,130 --> 00:14:34,480 You make a collar? 311 00:14:34,540 --> 00:14:36,640 Yeah, a kid named Tony Shaeffer. 312 00:14:36,700 --> 00:14:38,710 He's upstate doing 25-to-life. 313 00:14:38,810 --> 00:14:41,720 We came across a witness who says that you guys picked up the wrong guy. 314 00:14:41,780 --> 00:14:42,780 Who's this witness? 315 00:14:42,840 --> 00:14:45,850 Ah, he's a former associate of our suspect. 316 00:14:45,910 --> 00:14:47,360 They used to deal drugs together. 317 00:14:47,420 --> 00:14:48,590 He's got a sheet? 318 00:14:48,650 --> 00:14:50,890 Yeah, and he's got a grudge against the shooter. 319 00:14:50,990 --> 00:14:52,490 Let's go right out and pick him up, Bobby. 320 00:14:52,550 --> 00:14:53,660 (BOTH LAUGHING) 321 00:14:53,720 --> 00:14:55,830 This witness knew details about the shooting. 322 00:14:55,920 --> 00:14:58,530 The fact that the gun jammed after the second round, 323 00:14:58,590 --> 00:15:00,070 that the shooter kicked the victim as he fell. 324 00:15:00,130 --> 00:15:03,230 Anybody who sat through Shaeffer's trial would know all these details. 325 00:15:04,430 --> 00:15:06,240 Bobby, get the jacket. 326 00:15:08,370 --> 00:15:09,910 We had two IDs. 327 00:15:09,970 --> 00:15:12,210 Plus the kid shot his mouth off to his girlfriend. 328 00:15:12,640 --> 00:15:15,350 We found the murder weapon on the tracks where he got on the subway. 329 00:15:15,540 --> 00:15:16,750 Were there any prints on the gun? 330 00:15:17,410 --> 00:15:18,580 Sounds to me like your guy is 331 00:15:18,650 --> 00:15:20,250 looking to screw over his old running buddy. 332 00:15:21,620 --> 00:15:22,750 ED: Shaeffer didn't plead out? 333 00:15:22,820 --> 00:15:23,960 He had priors. 334 00:15:24,420 --> 00:15:26,760 An assault plead down to a dis-con. 335 00:15:27,390 --> 00:15:28,830 And he had an alibi witness. 336 00:15:29,090 --> 00:15:31,160 And if I recall, the D.A. tore her apart. 337 00:15:31,860 --> 00:15:34,900 What's a matter, fellas, you don't got enough to do in Manhattan? 338 00:15:36,130 --> 00:15:37,970 Shaeffer's alibi witness is on our way downtown. 339 00:15:38,030 --> 00:15:40,340 It's a closed case. In the Bronx. 340 00:15:40,400 --> 00:15:42,970 Yeah, well, we don't have anything on Partell in Manhattan. 341 00:15:43,040 --> 00:15:45,350 So, let's just go see what shakes out, please. 342 00:15:46,340 --> 00:15:49,950 Tony was right here in this kitchen when that man was shot, 343 00:15:50,010 --> 00:15:52,120 I swear on my husband's grave. 344 00:15:53,310 --> 00:15:54,320 (SIGHS) 345 00:15:54,680 --> 00:15:57,250 But just because I'm his mother, they wouldn't believe me. 346 00:15:58,050 --> 00:16:01,500 The jury's going to be skeptical about an alibi from a family member. 347 00:16:02,260 --> 00:16:04,500 They made it seem like I was lying. 348 00:16:05,060 --> 00:16:10,030 And that D.A. kept asking every little thing to trip me up. 349 00:16:10,560 --> 00:16:12,310 What I had for supper, 350 00:16:12,370 --> 00:16:16,080 what program I was watching when Tony came home from the bar. 351 00:16:16,500 --> 00:16:18,450 I was so nervous up there. 352 00:16:18,610 --> 00:16:20,420 You can't blame yourself, Mrs. Shaeffer. 353 00:16:21,110 --> 00:16:24,720 It's all just a horrible dream. 354 00:16:27,850 --> 00:16:30,190 When Tony went away, 355 00:16:31,620 --> 00:16:33,060 I took some pills. 356 00:16:34,920 --> 00:16:36,660 They had to pump my stomach. 357 00:16:39,030 --> 00:16:41,770 Mrs. Shaeffer, I don't want to get your hopes up, 358 00:16:41,830 --> 00:16:44,670 but we talked to somebody that says your son is innocent. 359 00:16:45,400 --> 00:16:49,180 Oh, please, whoever this person is, you have to believe it. 360 00:16:49,640 --> 00:16:52,620 I'm begging you, please. 361 00:16:56,210 --> 00:16:57,690 What, are you following me? 362 00:16:57,750 --> 00:16:59,920 We struck out on Partell's former co-defendants, 363 00:16:59,980 --> 00:17:01,580 but one of them turned us on to a murder that 364 00:17:01,650 --> 00:17:03,490 Partell may have committed in the Bronx. 365 00:17:03,550 --> 00:17:06,000 Only trouble is, there's another guy doing time for it. 366 00:17:06,050 --> 00:17:07,460 And you think that's a mistake? 367 00:17:07,520 --> 00:17:08,560 Well, it's possible. 368 00:17:08,620 --> 00:17:09,660 Lennie? 369 00:17:09,720 --> 00:17:11,670 Uh, I've seen the crying mother routine before, 370 00:17:11,730 --> 00:17:13,710 but I don't know, there's something about this. 371 00:17:13,760 --> 00:17:16,470 Well, will this help you close the Angela Jarrell case? 372 00:17:16,530 --> 00:17:18,200 Well, right now, Partell knows we don't have squat. 373 00:17:18,270 --> 00:17:20,110 So, if we keep digging into this Bronx thing, 374 00:17:20,170 --> 00:17:21,310 we might get a little leverage. 375 00:17:21,370 --> 00:17:24,410 Well, keep digging. I want to hear more than, "It's possible." 376 00:17:29,440 --> 00:17:31,510 DAVIS: I'm in the club with my two buddies. 377 00:17:31,580 --> 00:17:34,080 This guy, Shaeffer, gets kicked out by the bouncer. 378 00:17:34,880 --> 00:17:37,360 Everybody hears him say he's going to come back and mess him up. 379 00:17:37,920 --> 00:17:40,330 Then as we're leaving, we hear a couple of shots. 380 00:17:40,650 --> 00:17:44,500 We look back, and the bouncer's dead on the sidewalk, 381 00:17:44,560 --> 00:17:46,540 and this Shaeffer kicks him and runs. 382 00:17:47,060 --> 00:17:48,670 Couple of days later, I picked him out of a lineup. 383 00:17:48,730 --> 00:17:49,800 All three of you guys? 384 00:17:49,860 --> 00:17:51,170 Uh, Pete didn't come down. 385 00:17:51,230 --> 00:17:52,370 Why not? 386 00:17:52,430 --> 00:17:53,710 I guess they didn't need him. 387 00:17:55,140 --> 00:17:56,480 This detective came to my house 388 00:17:56,540 --> 00:17:58,540 and showed me six pictures in a plastic holder. 389 00:17:58,610 --> 00:17:59,640 A photo array. 390 00:17:59,710 --> 00:18:01,850 Yeah. But the guy who shot the bouncer wasn't in there. 391 00:18:02,240 --> 00:18:04,920 This is Tony Shaeffer, the guy your two friends identified. 392 00:18:06,110 --> 00:18:07,620 Now, see, 393 00:18:07,680 --> 00:18:10,660 this looks like the guy who was kicked out of the club. 394 00:18:10,720 --> 00:18:12,160 Not the guy with the gun. 395 00:18:13,420 --> 00:18:15,630 And you remember all that two years later? 396 00:18:16,120 --> 00:18:17,230 All I know is, 397 00:18:17,290 --> 00:18:19,900 the guy he tossed out of the club wasn't the one who shot him. 398 00:18:19,960 --> 00:18:21,960 Well, why didn't you tell this to the detective? 399 00:18:22,030 --> 00:18:24,770 I did. But once I didn't pick out the right picture, 400 00:18:24,830 --> 00:18:26,110 he didn't seem interested. 401 00:18:26,170 --> 00:18:29,170 He told me he'd be in touch, and that's the last I heard from him. 402 00:18:29,240 --> 00:18:30,610 Did you tell your friends that you thought that 403 00:18:30,670 --> 00:18:32,210 they identified the wrong guy? 404 00:18:32,270 --> 00:18:34,510 You know, it all happened so fast... 405 00:18:34,580 --> 00:18:36,780 I guess they saw what they saw. 406 00:18:37,610 --> 00:18:40,220 Is it possible your friends had it in for this guy? 407 00:18:40,720 --> 00:18:41,850 They didn't even know him. 408 00:18:41,920 --> 00:18:45,590 But, uh, I remember Dave did say something about a reward. 409 00:18:47,590 --> 00:18:48,900 Here's how it works. 410 00:18:48,960 --> 00:18:51,900 An anonymous informant calls Crime Stoppers with a tip. 411 00:18:51,960 --> 00:18:54,940 If the detective working the case thinks it might pan out, 412 00:18:55,000 --> 00:18:57,070 we assign the informant a code number. 413 00:18:57,160 --> 00:18:59,270 If it leads to a conviction, cha-ching. 414 00:18:59,330 --> 00:19:00,470 What's the going rate? 415 00:19:00,530 --> 00:19:01,600 Two thousand. 416 00:19:01,670 --> 00:19:03,550 (CHUCKLES) Sometimes the families want to pump it up, 417 00:19:03,600 --> 00:19:06,710 but we discourage it. Too much incentive for bad information. 418 00:19:07,340 --> 00:19:09,080 Did you pay a tip on 419 00:19:09,140 --> 00:19:13,990 People v. Anthony Shaeffer, Bronx County, '99 indictment? 420 00:19:19,290 --> 00:19:20,290 Nope. 421 00:19:20,350 --> 00:19:22,700 So much for the greedy informant theory. 422 00:19:23,260 --> 00:19:24,460 Let's take a look at the tip sheets 423 00:19:24,530 --> 00:19:25,600 for the week following the murder. 424 00:19:26,490 --> 00:19:27,600 Well, here's one, 425 00:19:27,660 --> 00:19:29,470 four days after the shooting. 426 00:19:29,530 --> 00:19:31,910 It's two days after Shaeffer was arrested. 427 00:19:32,300 --> 00:19:34,750 Uh, the caller identifies the shooter at the Grand Slam 428 00:19:34,800 --> 00:19:39,250 as "Taz, white male, light hair, 30 to 35 years old." 429 00:19:39,610 --> 00:19:41,680 And that's a notation that a message was left 430 00:19:41,740 --> 00:19:44,550 for a Detective Boyle at the 56 regarding the tip. 431 00:19:45,650 --> 00:19:47,790 Did the informant ever receive a code number? 432 00:19:48,880 --> 00:19:50,760 Looks like the detective never called back. 433 00:19:50,990 --> 00:19:53,300 What's this 718 number in the margin? 434 00:19:53,420 --> 00:19:55,730 Some of our newer phones have caller ID. 435 00:19:55,790 --> 00:19:58,330 Don't say where you got it. We're not supposed to write it down. 436 00:20:00,090 --> 00:20:02,400 We appreciate your coming down, Ms. Pistone. 437 00:20:02,760 --> 00:20:04,400 I still can't figure out how you got my name. 438 00:20:04,700 --> 00:20:08,370 Well, we're re-interviewing everybody who was at the club the night of the murder, 439 00:20:08,440 --> 00:20:10,440 and your name just happened to come up. 440 00:20:10,500 --> 00:20:12,880 Ms. Pistone, this is Tony Shaeffer. 441 00:20:13,270 --> 00:20:14,910 Have you seen him before? 442 00:20:15,710 --> 00:20:17,210 Not that I remember. 443 00:20:17,880 --> 00:20:19,550 Do you recognize any of these men, 444 00:20:19,610 --> 00:20:20,890 from the night of the shooting? 445 00:20:22,720 --> 00:20:25,460 Taz, he's the one who shot Vincent, the bouncer. 446 00:20:25,920 --> 00:20:26,920 Are you sure? 447 00:20:26,990 --> 00:20:28,260 Yeah, I'm sure. 448 00:20:28,320 --> 00:20:31,300 My girlfriend used to work in that club. Taz used to sell drugs there. 449 00:20:32,990 --> 00:20:35,100 Look, my lawyer told you I got nothing else to say, all right. 450 00:20:35,160 --> 00:20:36,540 BRISCOE: Good. You're under arrest. 451 00:20:36,600 --> 00:20:37,940 For what? Murder. 452 00:20:38,970 --> 00:20:40,950 Oh, you got nothing on me with that bitch. 453 00:20:41,000 --> 00:20:42,950 The correct response would be, "which murder"? 454 00:20:43,000 --> 00:20:44,180 What are you talking about? 455 00:20:44,240 --> 00:20:46,410 We're arresting you for the murder of Vincent Jackson. 456 00:20:46,470 --> 00:20:47,820 Be careful with the foot, will you? 457 00:20:47,880 --> 00:20:50,150 Aw, don't worry. We're not wearing high heels. 458 00:20:55,720 --> 00:20:57,390 We arrested Francis Partell 459 00:20:57,450 --> 00:21:01,020 for the murder of Vincent Jackson in the Bronx in 1998. 460 00:21:01,460 --> 00:21:02,560 That's a murder from two years ago. 461 00:21:02,620 --> 00:21:03,620 What about Angela Jarrell? 462 00:21:03,690 --> 00:21:05,800 Partell did it, but we can't put him at the scene. 463 00:21:06,160 --> 00:21:07,330 Do we have a motive? 464 00:21:07,430 --> 00:21:08,770 Well, she was selling ecstasy, 465 00:21:08,830 --> 00:21:10,210 he's got a conviction for dealing. 466 00:21:10,260 --> 00:21:11,300 We're guessing there was some 467 00:21:11,370 --> 00:21:13,780 business relationship between them that went sour. 468 00:21:14,340 --> 00:21:16,010 I take it there's no forensics evidence? 469 00:21:16,070 --> 00:21:19,180 Well, our case against him on the Bronx murder is a lot better. 470 00:21:19,240 --> 00:21:22,410 It looks like those guys up there steamrollered the wrong guy. 471 00:21:23,280 --> 00:21:24,880 That's a serious allegation. 472 00:21:25,110 --> 00:21:28,650 Look, the last thing I want to do is sling mud at my own people. 473 00:21:28,880 --> 00:21:30,690 Are you sure you don't want to handle this internally? 474 00:21:30,750 --> 00:21:33,560 You folks have to decide what to do about Partell. 475 00:21:33,690 --> 00:21:34,760 Thanks. 476 00:21:34,820 --> 00:21:36,860 Hey, Abbie, you know I wouldn't lay this on you 477 00:21:36,920 --> 00:21:38,800 if we weren't pretty sure about the Bronx. 478 00:21:40,560 --> 00:21:43,370 Well, assuming you're right, we've got two major problems. 479 00:21:44,430 --> 00:21:46,380 A jury's convicted another defendant, 480 00:21:46,430 --> 00:21:48,740 and we don't have jurisdiction. 481 00:21:48,800 --> 00:21:50,980 Our cops are convinced there was a screwup. 482 00:21:51,910 --> 00:21:53,850 Has anybody talked to the Bronx? 483 00:21:53,910 --> 00:21:56,820 Yeah, the detective assigned to the case has washed his hands of it. 484 00:21:57,440 --> 00:22:00,120 And what does this have to do with the case we can prosecute? 485 00:22:00,580 --> 00:22:02,420 Well, if we can't nail Partell on one murder, 486 00:22:02,480 --> 00:22:03,990 we'll nail him with another one. 487 00:22:05,420 --> 00:22:08,130 Since when do we second-guess another D.A.'s office? 488 00:22:09,460 --> 00:22:11,600 Jack, the evidence is pretty solid. 489 00:22:11,660 --> 00:22:13,800 And I found a way around the jurisdictional problem. 490 00:22:13,860 --> 00:22:15,670 Do you remember our office prosecuted 491 00:22:15,730 --> 00:22:17,300 that ticket scalping ring at Yankee Stadium? 492 00:22:17,360 --> 00:22:20,610 Because there's a 500-yard exception for an adjoining county. 493 00:22:20,700 --> 00:22:24,620 Well, the club where Partell shot Jackson falls within the exception. 494 00:22:25,310 --> 00:22:27,580 This could blow up in our faces. 495 00:22:27,640 --> 00:22:29,590 Before we get into a turf war with the Bronx, 496 00:22:29,640 --> 00:22:32,090 be damn sure they convicted the wrong man. 497 00:22:34,850 --> 00:22:37,450 You know what a defense lawyer's worst nightmare is? 498 00:22:37,950 --> 00:22:39,730 An innocent client? 499 00:22:39,790 --> 00:22:41,530 A mother as an alibi witness. 500 00:22:41,860 --> 00:22:43,060 No, thanks. 501 00:22:43,190 --> 00:22:45,570 So, you did think Tony Shaeffer was innocent? 502 00:22:45,730 --> 00:22:47,710 From the day I was assigned to the case. 503 00:22:47,760 --> 00:22:49,040 So, why did you put him on the stand? 504 00:22:49,100 --> 00:22:50,580 I didn't have much of a choice. 505 00:22:50,630 --> 00:22:52,870 Tony had words with the victim that night. 506 00:22:52,930 --> 00:22:55,850 Then he told his girlfriend he did it to impress her. 507 00:22:55,900 --> 00:22:59,210 I had to put him on the stand to explain away the hole he dug for himself. 508 00:22:59,470 --> 00:23:00,850 Did you ever consider a plea? 509 00:23:00,910 --> 00:23:03,250 Did you ever see an innocent man take manslaughter? 510 00:23:04,680 --> 00:23:05,880 Neither have I. 511 00:23:06,180 --> 00:23:07,920 So, uh, what's going on here? 512 00:23:08,380 --> 00:23:11,690 We found two witnesses who ID'd a local drug dealer as the shooter. 513 00:23:11,790 --> 00:23:13,320 I had a feeling we got hosed. 514 00:23:13,750 --> 00:23:16,130 Well, it's hardly enough to challenge a jury verdict. 515 00:23:16,620 --> 00:23:17,760 I still have the mother. 516 00:23:17,830 --> 00:23:19,270 And there's Peter Verona. 517 00:23:19,390 --> 00:23:20,670 Who? 518 00:23:20,730 --> 00:23:23,870 He was at the bar. He told the police that Shaeffer wasn't the shooter, 519 00:23:23,930 --> 00:23:26,210 and he also couldn't ID Shaeffer in a photo array. 520 00:23:27,700 --> 00:23:29,270 Nobody told me about it. 521 00:23:32,010 --> 00:23:34,920 What kind of problems were you referring to, Ms. Carmichael? 522 00:23:34,980 --> 00:23:37,050 Well, there was a witness Detective Boyle interviewed 523 00:23:37,110 --> 00:23:38,520 that said Shaeffer didn't do it. 524 00:23:38,580 --> 00:23:41,220 All that happened was he didn't pick him out of the six pack. 525 00:23:41,280 --> 00:23:42,350 I had two guys who did. 526 00:23:43,020 --> 00:23:44,430 It wasn't in any of your reports. 527 00:23:45,090 --> 00:23:46,460 I told the A.D.A. who prepped me. 528 00:23:46,520 --> 00:23:48,520 CARMICHAEL: Did you tell him about the anonymous tip you got? 529 00:23:49,460 --> 00:23:50,590 What up? 530 00:23:50,660 --> 00:23:52,900 There was a message left for you from Crime Stoppers 531 00:23:52,960 --> 00:23:54,630 two days after you arrested Shaeffer. 532 00:23:54,900 --> 00:23:56,100 Well, I never got it. 533 00:23:56,160 --> 00:23:57,670 You never got it or you ignored it? 534 00:23:58,870 --> 00:24:00,500 Now, just a minute, Ms. Carmichael. 535 00:24:00,570 --> 00:24:02,570 I have to take exception to you coming up here 536 00:24:02,640 --> 00:24:05,910 and making insinuations about the way my people do their jobs. 537 00:24:06,010 --> 00:24:08,510 Look, Lieutenant, I'm just trying to give you a heads-up here. 538 00:24:08,580 --> 00:24:10,990 There are three witnesses who have raised doubts about this arrest. 539 00:24:11,180 --> 00:24:12,450 Two years later. 540 00:24:12,810 --> 00:24:14,790 As far as we're concerned, the case is closed. 541 00:24:15,180 --> 00:24:17,320 Well, I'm sure the man who killed Vincent Jackson 542 00:24:17,380 --> 00:24:18,590 must be very pleased about that. 543 00:24:18,650 --> 00:24:20,690 Correct me if I'm wrong, Ms. Carmichael, 544 00:24:20,750 --> 00:24:23,700 but didn't the guy we put away confess to his girlfriend? 545 00:24:25,890 --> 00:24:27,600 Look, I think it's too bad what happened to Tony, 546 00:24:27,660 --> 00:24:29,500 but he should never have shot that guy. 547 00:24:29,900 --> 00:24:31,710 Well, maybe if you could just take me through it. 548 00:24:32,170 --> 00:24:35,010 Do I really have to? Because I'm trying to put all that behind me. 549 00:24:35,070 --> 00:24:36,140 Please, Ms. Mankowitz. 550 00:24:36,240 --> 00:24:38,270 (SIGHING) All right, that night, 551 00:24:38,340 --> 00:24:40,220 I went to a club with Tony. 552 00:24:40,270 --> 00:24:41,580 We were there, like, 20 minutes 553 00:24:41,640 --> 00:24:45,720 when this guy gets all up in Tony's face and he starts screaming and cursing. 554 00:24:45,780 --> 00:24:47,160 Then, a bouncer came over, 555 00:24:47,210 --> 00:24:48,520 grabbed Tony, and threw him out. 556 00:24:48,580 --> 00:24:49,990 And you stayed in the club? 557 00:24:50,350 --> 00:24:53,330 No, I went somewhere else. I wasn't going to let that ruin my evening. 558 00:24:53,850 --> 00:24:56,330 So, when did Tony tell you about what happened? 559 00:24:57,590 --> 00:25:00,770 The next day. He came over, we were watching the news, 560 00:25:00,830 --> 00:25:03,240 and the story comes on about the bouncer at the club, 561 00:25:03,300 --> 00:25:05,240 and I'm, like, "Oh, my God." 562 00:25:05,300 --> 00:25:07,870 And Tony goes, "Well, that's what he gets for dissing me." 563 00:25:07,940 --> 00:25:10,470 And he makes two popping sounds, like he's got a gun. 564 00:25:10,600 --> 00:25:12,080 And you went to the police? 565 00:25:12,140 --> 00:25:14,090 No. Do I look like I'd rat him out? 566 00:25:14,140 --> 00:25:16,420 I told my sister, she went to the police, 567 00:25:16,480 --> 00:25:18,180 and then they came to me for a statement. 568 00:25:18,250 --> 00:25:20,490 And you had no problem giving him up? 569 00:25:20,880 --> 00:25:22,860 I was breaking up with him anyway. 570 00:25:22,920 --> 00:25:24,420 Tony wasn't really my type. 571 00:25:24,720 --> 00:25:25,790 What do you mean? 572 00:25:25,850 --> 00:25:28,860 Well, Tony was a nice guy and everything, but 573 00:25:28,920 --> 00:25:30,160 he was kind of a wimp. 574 00:25:30,490 --> 00:25:31,730 Did it ever occur to you 575 00:25:31,790 --> 00:25:34,170 that he might have been bragging about something he didn't do 576 00:25:34,230 --> 00:25:35,330 in order to impress you? 577 00:25:36,860 --> 00:25:39,140 What kind of idiot would do something like that? 578 00:25:40,970 --> 00:25:43,380 My mother tells me the police are re-opening the case. 579 00:25:44,200 --> 00:25:46,280 It's not that simple, Mr. Shaeffer. 580 00:25:47,010 --> 00:25:48,750 A jury's already convicted you. 581 00:25:49,210 --> 00:25:52,050 The hardest thing to accept is the fact you have confessed. 582 00:25:54,310 --> 00:25:56,790 I was just trying to get Valerie to like me. 583 00:25:56,850 --> 00:25:58,760 It's the stupidest thing lever did. 584 00:25:59,020 --> 00:26:00,290 It sure was. 585 00:26:01,390 --> 00:26:02,870 Up where they got me now, 586 00:26:02,920 --> 00:26:05,960 everybody's got a story about how they were framed or something. 587 00:26:06,330 --> 00:26:08,900 But I did not kill that man, Mr. McCoy. 588 00:26:10,130 --> 00:26:12,740 How did the dispute get started in the first place? 589 00:26:13,930 --> 00:26:16,380 This other guy was trying to sell me some coke. 590 00:26:16,440 --> 00:26:19,680 I tell him to take a walk, and then we started yelling at each other. 591 00:26:19,870 --> 00:26:20,980 What did this man look like? 592 00:26:21,040 --> 00:26:24,890 Like me. Same height, same weight, blonde hair. 593 00:26:25,650 --> 00:26:26,890 After the bouncer took me outside, 594 00:26:26,950 --> 00:26:28,220 I said, "Hey, how come you're not throwing out" 595 00:26:28,280 --> 00:26:29,920 "that drug dealer I had a fight with?" 596 00:26:30,280 --> 00:26:31,350 What did he say? 597 00:26:31,690 --> 00:26:34,060 He said, "Don't worry." He'd take care of him, too. 598 00:26:34,890 --> 00:26:36,300 There's Partell's motive. 599 00:26:40,860 --> 00:26:42,360 Before we take this any further, 600 00:26:42,430 --> 00:26:44,470 we'll need you to take a polygraph. 601 00:26:45,130 --> 00:26:47,580 I'll take 10 polygraphs if I have to. 602 00:26:52,370 --> 00:26:57,220 I'm sorry, the fact that Mr. Shaeffer passed your polygraph exam 603 00:26:57,280 --> 00:26:58,590 is not very compelling. 604 00:26:58,650 --> 00:27:01,090 Especially since he had two years to practice up. 605 00:27:01,580 --> 00:27:05,790 Three witnesses dispute the version of events put forward at the trial. 606 00:27:05,850 --> 00:27:07,630 Now, that may be true, 607 00:27:07,690 --> 00:27:09,570 but Mr. Einstadt tried this case. 608 00:27:09,620 --> 00:27:12,430 He assures me that the credibility of these people is suspect. 609 00:27:12,660 --> 00:27:13,870 Have you seen Partell's record? 610 00:27:13,930 --> 00:27:14,930 Mmm-hmm. 611 00:27:15,000 --> 00:27:16,070 I'm still not convinced. 612 00:27:16,130 --> 00:27:18,370 Are you gonna ignore the exculpatory evidence? 613 00:27:18,430 --> 00:27:20,570 There's not nearly enough to outweigh the verdict. 614 00:27:20,630 --> 00:27:23,140 Both men fit the same general description. 615 00:27:23,740 --> 00:27:26,310 Will you at least interview the witnesses? 616 00:27:26,370 --> 00:27:28,480 We're not gonna undermine a legitimate conviction 617 00:27:28,540 --> 00:27:30,220 because a few doubts have surfaced. 618 00:27:30,280 --> 00:27:33,520 How many people does Mr. Partell have to kill before you'll look into it? 619 00:27:34,280 --> 00:27:35,950 You don't have to get sarcastic, Mr. McCoy. 620 00:27:36,150 --> 00:27:37,690 I'm asking you to investigate 621 00:27:37,750 --> 00:27:39,890 the possibility that a mistake was made. 622 00:27:40,520 --> 00:27:42,090 The jury has spoken. 623 00:27:42,160 --> 00:27:43,500 The system needs finality. 624 00:27:43,920 --> 00:27:45,930 The system needs credibility. 625 00:27:45,990 --> 00:27:48,770 I'm sorry, Mr. Robertson, I don't understand your position. 626 00:27:49,230 --> 00:27:51,840 The fancy credentials you have on your wall downtown 627 00:27:51,900 --> 00:27:54,400 don't give you the right to come up here and question my judgment. 628 00:27:57,240 --> 00:27:59,650 If you won't do something, Mr. Robertson, we will. 629 00:28:00,670 --> 00:28:02,550 We'll be indicting Francis Partell 630 00:28:02,610 --> 00:28:05,220 for committing a murder in your jurisdiction. 631 00:28:10,750 --> 00:28:12,490 "Indictment number 4520," 632 00:28:12,550 --> 00:28:14,430 "People v. Francis Partell." 633 00:28:14,490 --> 00:28:16,660 "Charge is Murder in the Second Degree." 634 00:28:16,720 --> 00:28:18,260 How does he plead, Mr. Hauser? 635 00:28:18,330 --> 00:28:20,100 This doesn't even merit a plea, Your Honor. 636 00:28:20,190 --> 00:28:21,940 I'll take that as a not guilty. 637 00:28:22,030 --> 00:28:24,700 The murder my client is charged with occurred in the Bronx. 638 00:28:24,770 --> 00:28:27,710 The murder occurred 488 yards from the Bronx River, 639 00:28:27,770 --> 00:28:29,940 and according to CPL 2040-4C, 640 00:28:30,000 --> 00:28:31,240 both counties have jurisdiction. 641 00:28:31,310 --> 00:28:33,510 But someone's already been convicted and sentenced 642 00:28:33,570 --> 00:28:34,750 for this crime in the Bronx. 643 00:28:35,010 --> 00:28:36,540 What's going on, Ms. Carmichael? 644 00:28:36,610 --> 00:28:39,490 The People have exculpatory evidence as to the Bronx defendant 645 00:28:39,550 --> 00:28:41,390 which strongly incriminates Mr. Partell. 646 00:28:42,050 --> 00:28:43,760 JUDGE: So, let me get this straight. 647 00:28:43,820 --> 00:28:45,890 The State of New York has two men in jail 648 00:28:45,950 --> 00:28:47,830 for a crime that only one of them committed? 649 00:28:48,220 --> 00:28:49,890 It's straight out of Kafka, Judge. 650 00:28:51,220 --> 00:28:55,300 Doesn't res judicata bar you from proceeding against a second defendant? 651 00:28:55,360 --> 00:28:57,970 Well, Your Honor, Mr. Partell wasn't a party to the Bronx case, 652 00:28:58,030 --> 00:29:00,140 so he can't use it to shield himself from prosecution. 653 00:29:00,200 --> 00:29:01,870 It's the same with double jeopardy. 654 00:29:01,940 --> 00:29:04,610 It's a vendetta. They can't pin a Manhattan murder on him, 655 00:29:04,670 --> 00:29:06,010 and this is the best they've got. 656 00:29:07,140 --> 00:29:09,210 Here's what I'm going to do. 657 00:29:09,280 --> 00:29:13,660 I'm reserving my ruling on bail until after an evidentiary hearing, 658 00:29:13,710 --> 00:29:17,690 but if your case looks shaky, Ms. Carmichael, I'm going to dismiss it. 659 00:29:21,150 --> 00:29:24,260 The Bronx D.A. just called me. He's furious with you two. 660 00:29:25,630 --> 00:29:27,610 Well, he might want to direct his anger 661 00:29:27,660 --> 00:29:30,570 at the cops up there who screwed up the initial investigation. 662 00:29:31,100 --> 00:29:32,370 Is there misconduct involved? 663 00:29:32,430 --> 00:29:34,610 Nothing willful. Inertia, maybe. 664 00:29:34,670 --> 00:29:36,270 Water running to the lowest level. 665 00:29:36,700 --> 00:29:39,150 Well, why are they so reluctant to address this? 666 00:29:39,240 --> 00:29:40,980 Beats the hell out of me. 667 00:29:41,040 --> 00:29:43,450 You know, you can't do this job and second-guess yourself. 668 00:29:43,510 --> 00:29:44,750 You'd never got any sleep. 669 00:29:45,150 --> 00:29:46,520 When I make a mistake, I lose sleep. 670 00:29:46,580 --> 00:29:48,030 What lets Robertson off the hook? 671 00:29:48,080 --> 00:29:51,530 I'm sure it's not easy living in Manhattan's shadow all the time. 672 00:29:52,190 --> 00:29:56,070 He's probably not very happy that it's us dropping this on his doorstep. 673 00:29:56,260 --> 00:29:58,070 I have to work with this man, you know. 674 00:29:58,130 --> 00:30:01,330 JACK: He's not working with us, Nora. He forced our hand. 675 00:30:01,500 --> 00:30:04,570 Partell's a drug dealer who kills people for nickels and dimes. 676 00:30:05,500 --> 00:30:07,380 We're convinced he got away with murder. 677 00:30:07,430 --> 00:30:10,880 I'll breathe a little easier when you convince Judge Taylor. 678 00:30:15,180 --> 00:30:16,310 VERONA: After we left the club, 679 00:30:16,380 --> 00:30:19,020 my friends and I were walking to our car. 680 00:30:19,310 --> 00:30:23,730 Then we heard shots. We saw the bouncer from the club on the sidewalk, 681 00:30:23,780 --> 00:30:25,990 and a man with a gun running across the street. 682 00:30:27,520 --> 00:30:29,500 Was the man with the gun 683 00:30:29,560 --> 00:30:31,760 the same man you testified you saw 684 00:30:31,830 --> 00:30:33,960 being thrown out of the club earlier that night? 685 00:30:34,630 --> 00:30:36,160 No, he was not. 686 00:30:36,560 --> 00:30:37,770 Thank you. 687 00:30:40,300 --> 00:30:43,470 Isn't it a fact that the two friends you were with 688 00:30:43,540 --> 00:30:44,910 identified someone else as the shooter? 689 00:30:45,840 --> 00:30:48,150 Yes, but I think they were wrong. 690 00:30:48,910 --> 00:30:51,150 How much did you have to drink that night, Mr. Verona? 691 00:30:52,650 --> 00:30:54,850 Well, I don't remember exactly. 692 00:30:55,780 --> 00:30:57,230 But you were intoxicated? 693 00:30:58,290 --> 00:31:00,790 Somewhat intoxicated, yeah. 694 00:31:00,850 --> 00:31:03,490 Can you say with absolute certainty 695 00:31:03,560 --> 00:31:05,370 that my client shot Mr. Jackson? 696 00:31:09,130 --> 00:31:10,630 No, I can't. 697 00:31:15,370 --> 00:31:18,080 I was outside the club smoking a cigarette. 698 00:31:18,970 --> 00:31:21,950 I saw Taz come up to Vincent and start shooting. 699 00:31:22,880 --> 00:31:24,360 What else did you observe? 700 00:31:26,410 --> 00:31:29,260 After he shot him twice, 701 00:31:29,320 --> 00:31:30,920 he, uh, kept trying to shoot more, 702 00:31:30,980 --> 00:31:33,260 but it looked like he ran out of bullets or something. 703 00:31:33,320 --> 00:31:36,360 So, he started kicking Vincent on the ground. 704 00:31:36,560 --> 00:31:37,900 What happened next? 705 00:31:39,730 --> 00:31:42,210 After he kicked him a few times, 706 00:31:42,260 --> 00:31:44,440 he ran down the street and got into an SUV. 707 00:31:47,100 --> 00:31:49,310 Were you in the club when the police responded 708 00:31:49,370 --> 00:31:50,970 after the shooting, Ms. Pistone? 709 00:31:51,470 --> 00:31:52,470 Yes. 710 00:31:53,570 --> 00:31:56,420 Did you tell them that the man you knew as Taz 711 00:31:56,480 --> 00:31:57,850 was the one who shot the bouncer? 712 00:31:58,410 --> 00:31:59,980 I didn't want to get involved. 713 00:32:00,080 --> 00:32:03,320 And for the next four days, you didn't contact the police? 714 00:32:04,380 --> 00:32:06,920 I was kind of scared at first because he's a drug dealer. 715 00:32:07,520 --> 00:32:11,090 But I... I felt guilty about it, so I called Crime Stoppers. 716 00:32:11,290 --> 00:32:14,430 Let's see, you didn't go to the local precinct. 717 00:32:14,790 --> 00:32:16,000 You didn't leave your name 718 00:32:16,060 --> 00:32:17,470 so the police could use you as a witness, 719 00:32:17,530 --> 00:32:20,240 but you did call to collect the reward that was offered? 720 00:32:20,570 --> 00:32:22,100 That's not why. 721 00:32:23,840 --> 00:32:25,010 Nothing further. 722 00:32:28,380 --> 00:32:29,820 JACK: Why did it take you two years 723 00:32:29,880 --> 00:32:32,880 to come forward with this information, Mr. Quintana? 724 00:32:33,750 --> 00:32:37,090 Taz used to be a friend of mine. I didn't want to jam him up. 725 00:32:37,350 --> 00:32:38,560 Did that change? 726 00:32:39,220 --> 00:32:42,030 We had a little disagreement about some drugs we bought. 727 00:32:42,460 --> 00:32:44,030 Is that why you're accusing him now? 728 00:32:44,720 --> 00:32:47,600 I'm accusing him because it's true. 729 00:32:52,530 --> 00:32:55,340 You have a felony conviction for selling drugs, Mr. Quintana? 730 00:32:55,540 --> 00:32:56,640 Yeah. 731 00:32:57,040 --> 00:32:58,570 And I'm sure you've made hundreds of sales 732 00:32:58,640 --> 00:33:00,310 for which you weren't arrested? 733 00:33:00,710 --> 00:33:02,520 I got a regular job now. 734 00:33:03,480 --> 00:33:05,150 At the time you allegedly saw this happen, 735 00:33:05,210 --> 00:33:06,490 you had just smoked marijuana? 736 00:33:06,550 --> 00:33:07,580 Yeah. 737 00:33:07,650 --> 00:33:09,250 And I'm sure you had a few drinks on top of that? 738 00:33:09,320 --> 00:33:10,320 Right. 739 00:33:10,420 --> 00:33:12,330 Was there a DJ at Grand Slam 740 00:33:12,390 --> 00:33:14,390 the night you say you were there with my client? 741 00:33:14,450 --> 00:33:15,730 It was bands that night. 742 00:33:15,790 --> 00:33:16,930 Which ones? 743 00:33:16,990 --> 00:33:18,160 I don't remember. 744 00:33:18,360 --> 00:33:20,530 Can you remember any of the songs they played? 745 00:33:20,960 --> 00:33:22,570 How am I supposed to remember that, huh? 746 00:33:22,630 --> 00:33:23,870 I go out dancing almost every weekend. 747 00:33:25,170 --> 00:33:27,480 Maybe you were just too high to remember. 748 00:33:30,470 --> 00:33:33,250 This is nothing more than payback for you, isn't it? 749 00:33:34,370 --> 00:33:36,350 If I wanted to snitch on Taz, 750 00:33:36,410 --> 00:33:38,860 I would've done it on my own, a long time ago. 751 00:33:39,450 --> 00:33:42,660 The cops came to me. I just told them what I saw. 752 00:33:49,760 --> 00:33:53,900 It's certainly not the most compelling case I've ever heard, 753 00:33:53,960 --> 00:33:55,940 but I find the evidence adduced at this hearing 754 00:33:56,000 --> 00:33:59,100 to be sufficient as a matter of law to sustain the indictment. 755 00:34:00,270 --> 00:34:02,010 Mr. Partell is remanded. (BANGS GAVEL) 756 00:34:02,070 --> 00:34:04,880 You're going to lock up a second man for this one crime, Judge? 757 00:34:05,440 --> 00:34:08,010 Do you have any precedent that says I can't, Mr. Hauser? 758 00:34:09,940 --> 00:34:11,420 That's what I thought. 759 00:34:11,850 --> 00:34:14,690 And let me tell you something, Mr. McCoy, 760 00:34:14,750 --> 00:34:17,230 I want your boss and the Bronx D.A. 761 00:34:17,280 --> 00:34:19,960 in my chambers tomorrow at 9:30 sharp. 762 00:34:25,160 --> 00:34:29,230 You know, Jack, I found your case to be legally sufficient, 763 00:34:29,300 --> 00:34:32,300 but if you think those witnesses are going to convince a jury, 764 00:34:32,370 --> 00:34:34,370 (CHUCKLES) you've been doing this for too long. 765 00:34:34,770 --> 00:34:37,440 Whether they do or not, we have an obligation to prosecute the case. 766 00:34:37,570 --> 00:34:40,380 You also have an obligation not to make a mockery 767 00:34:40,440 --> 00:34:41,940 of the criminal justice system. 768 00:34:42,210 --> 00:34:44,780 In my opinion, there's only one party here who's doing that. 769 00:34:44,840 --> 00:34:47,420 Mr. Robertson refused to look at the polygraph results, 770 00:34:47,480 --> 00:34:49,360 or re-interview the witnesses. 771 00:34:49,420 --> 00:34:51,230 Where do you get off telling me how to run my office? 772 00:34:52,020 --> 00:34:53,860 I didn't come up here to he lectured at by an assistant. 773 00:34:54,120 --> 00:34:55,390 Then talk to me, John. 774 00:34:57,490 --> 00:34:59,630 Mr. Shaeffer received a fair trial. 775 00:34:59,990 --> 00:35:01,940 He was convicted by a jury in two hours. 776 00:35:02,000 --> 00:35:04,310 Based on incomplete evidence. 777 00:35:04,360 --> 00:35:06,440 We're not here just to amass convictions. 778 00:35:06,500 --> 00:35:09,450 With all due respect, John, she's got a point. 779 00:35:09,940 --> 00:35:12,440 What's the harm in taking one out of the win column? 780 00:35:12,640 --> 00:35:15,750 The harm is letting Ms. Lewin thumb her nose at a legitimate verdict 781 00:35:15,810 --> 00:35:17,380 rendered by the people of my county. 782 00:35:17,640 --> 00:35:21,250 So, how do we get past this territorial pissing match? 783 00:35:21,650 --> 00:35:23,750 This isn't about territory, Harrison. 784 00:35:23,920 --> 00:35:27,020 One of you is going to walk away from this with egg on your face. 785 00:35:27,090 --> 00:35:30,130 You know, right now, I could careless about my approval rating. 786 00:35:31,190 --> 00:35:33,190 Let's all keep our eye on the ball here. 787 00:35:33,260 --> 00:35:36,070 There's an innocent man who's serving a life sentence. 788 00:35:36,130 --> 00:35:38,080 ROBERTSON: You haven't produced a scintilla of proof 789 00:35:38,130 --> 00:35:41,670 that the Bronx trial was tainted by perjury, or jury misconduct, 790 00:35:41,740 --> 00:35:43,740 or any illegality that the law recognizes. 791 00:35:45,310 --> 00:35:48,290 If Ms. Lewin thinks she can convict her defendant 792 00:35:48,340 --> 00:35:50,720 in the face of a contrary verdict, 793 00:35:52,580 --> 00:35:54,020 let her go right on ahead. 794 00:36:02,060 --> 00:36:03,530 Can we get him to plead guilty? 795 00:36:03,920 --> 00:36:05,830 You can get anything for the right price. 796 00:36:06,360 --> 00:36:07,960 Make him an offer. 797 00:36:09,300 --> 00:36:11,830 We started this war between the boroughs to get the guy. 798 00:36:12,730 --> 00:36:14,010 The whole point of the exercise 799 00:36:14,070 --> 00:36:15,840 was to make him pay for murder. 800 00:36:16,070 --> 00:36:18,710 The whole point of the exercise is Tony Shaeffer. 801 00:36:18,770 --> 00:36:20,750 He's doing another man's time, Jack. 802 00:36:22,010 --> 00:36:24,350 If we get Partell to admit he killed the bouncer, 803 00:36:24,410 --> 00:36:25,950 Robertson will have to come around. 804 00:36:26,010 --> 00:36:28,750 Two murders, Nora, and we let him off easy? 805 00:36:28,820 --> 00:36:31,920 I said make a deal. I didn't say pony up the courthouse. 806 00:36:36,120 --> 00:36:38,570 We're here to offer you a deal, Mr. Partell. 807 00:36:38,660 --> 00:36:41,400 Now, why would I want to make a deal if he says I can't lose? 808 00:36:41,460 --> 00:36:43,030 Is he going to do the time for you? 809 00:36:43,100 --> 00:36:44,230 You barely won the hearing. 810 00:36:44,300 --> 00:36:46,830 Wait till I put on the witnesses who testified in the Bronx. 811 00:36:47,030 --> 00:36:50,540 I think I can convince a jury that was a miscarriage of justice. 812 00:36:51,440 --> 00:36:52,540 Please. 813 00:36:52,640 --> 00:36:55,180 These people are not unsophisticated, Mr. Hauser. 814 00:36:55,240 --> 00:36:56,580 They watch the news. 815 00:36:57,140 --> 00:37:00,180 They've seen convictions dropping like flies all over the country. 816 00:37:00,480 --> 00:37:03,550 My boss needs his guilty plea to free an innocent man. 817 00:37:03,620 --> 00:37:05,990 That puts him in a very advantageous position. 818 00:37:06,250 --> 00:37:07,360 How advantageous? 819 00:37:07,620 --> 00:37:08,860 Man one. 820 00:37:08,960 --> 00:37:10,060 Six-to-12? 821 00:37:10,560 --> 00:37:12,560 I was thinking along the lines of 10-to-20. 822 00:37:12,960 --> 00:37:14,530 You want a plea or not, Mr. McCoy? 823 00:37:14,860 --> 00:37:16,900 Personally, I'd rather he go to trial. 824 00:37:17,700 --> 00:37:19,970 That way we can max him out when he's convicted. 825 00:37:20,370 --> 00:37:21,610 Six-to-12. 826 00:37:22,640 --> 00:37:24,580 And then you throw in the Manhattan case for nothing. 827 00:37:25,240 --> 00:37:27,580 Six-to-12 concurrent for two murders? 828 00:37:27,740 --> 00:37:29,950 Look, if I cop to this, 829 00:37:30,010 --> 00:37:31,390 I don't want you coming back at me with that. 830 00:37:31,980 --> 00:37:33,860 Not a chance, Mr. Partell. 831 00:37:36,120 --> 00:37:38,930 Seven-and-a-half-to-15, or you get your wish, Mr. McCoy. 832 00:37:43,490 --> 00:37:45,660 (SIGHS) You have a deal. 833 00:37:46,630 --> 00:37:48,370 Now, tell us about Angela Jarrell. 834 00:37:51,760 --> 00:37:53,640 (STAMMERING) There's nothing to tell. 835 00:37:54,470 --> 00:37:56,880 I hired her to deal drugs for me, and she didn't do it. 836 00:37:57,940 --> 00:38:00,280 Instead she's in a bar with some guy. 837 00:38:00,670 --> 00:38:01,980 Was anybody with you? 838 00:38:03,480 --> 00:38:06,510 Just some guy that I was talking to 839 00:38:06,580 --> 00:38:08,320 while I waited for her to leave. 840 00:38:09,980 --> 00:38:13,450 I followed her out to get the money that she owed me, and, uh 841 00:38:13,520 --> 00:38:15,000 she only had about 70 bucks. 842 00:38:15,050 --> 00:38:16,560 So, you strangled her? 843 00:38:17,390 --> 00:38:21,300 Maybe I would've just scared her had she not broken my foot. 844 00:38:23,100 --> 00:38:24,940 Either way, she just wasn't working out. 845 00:38:30,600 --> 00:38:33,020 Francis Partell pled guilty this morning. 846 00:38:38,750 --> 00:38:41,920 He gave a detailed admission about the Vincent Jackson killing. 847 00:38:42,450 --> 00:38:43,550 I hope you're happy. 848 00:38:43,620 --> 00:38:46,290 I'll be very happy when you dismiss against Tony Shaeffer. 849 00:38:46,350 --> 00:38:48,630 It says here that Partell pled guilty to the other murder. 850 00:38:50,090 --> 00:38:51,260 How much time did he get? 851 00:38:51,720 --> 00:38:53,430 Seven-and-a-half-to-15. 852 00:38:53,890 --> 00:38:55,130 Concurrent? 853 00:38:55,190 --> 00:38:56,430 I'm not thrilled about it either. 854 00:38:56,500 --> 00:38:57,670 (SCOFFS) 855 00:38:58,260 --> 00:39:00,680 How can I treat this as a serious admission? 856 00:39:00,730 --> 00:39:02,610 He said what he had to say to get his seven-and-a-half. 857 00:39:03,240 --> 00:39:07,050 You're not going to continue to incarcerate an innocent man. 858 00:39:07,240 --> 00:39:09,650 I didn't convict that man. A jury did. 859 00:39:10,140 --> 00:39:12,380 And now we know they made a mistake. 860 00:39:12,710 --> 00:39:15,220 We don't know anything, we weren't there. 861 00:39:16,120 --> 00:39:20,120 As far as I'm concerned, this does nothing to impugn the jury verdict. 862 00:39:24,490 --> 00:39:25,660 (DOOR CLOSES) 863 00:39:27,790 --> 00:39:29,600 Robertson won't budge. 864 00:39:31,330 --> 00:39:34,780 So, that's the end of the line for us. 865 00:39:36,100 --> 00:39:38,170 And Tony Shaeffer stays in jail. 866 00:39:38,640 --> 00:39:42,980 He can hire an attorney petition for a writ of habeas corpus. 867 00:39:43,440 --> 00:39:45,680 With what? His mother's public assistance? 868 00:39:46,250 --> 00:39:48,490 He can file pro se, like every other prisoner. 869 00:39:50,920 --> 00:39:52,450 Or I can do his writ. 870 00:39:54,520 --> 00:39:56,330 What about the precedent it sets? 871 00:39:56,920 --> 00:39:58,200 I can file it as a private citizen 872 00:39:58,260 --> 00:39:59,640 if you think that would be more prudent. 873 00:40:00,330 --> 00:40:03,240 I think the public would be hard-pressed to see the distinction. 874 00:40:04,060 --> 00:40:07,040 I think the only distinction people see 875 00:40:07,100 --> 00:40:08,640 is between right and wrong. 876 00:40:10,900 --> 00:40:13,040 Make sure my name is on your brief. 877 00:40:18,880 --> 00:40:22,660 One man shot and killed Vincent Jackson in 1999. 878 00:40:22,950 --> 00:40:25,400 Two men have been convicted of that crime. 879 00:40:26,220 --> 00:40:29,500 This is a situation that can't be tolerated under the constitution. 880 00:40:29,560 --> 00:40:32,160 But, Mr. McCoy, how can we pick and choose 881 00:40:32,230 --> 00:40:34,900 between two legally rendered convictions? 882 00:40:35,400 --> 00:40:39,280 Only one of those defendants is asserting his claim of innocence. 883 00:40:39,330 --> 00:40:41,780 What about those 12 people up in the Bronx? 884 00:40:42,200 --> 00:40:44,700 Isn't one of the hallmarks of our jurisprudence 885 00:40:44,770 --> 00:40:46,550 the sanctity of a jury's verdict? 886 00:40:46,610 --> 00:40:49,310 Sanctity should not be confused with infallibility. 887 00:40:49,380 --> 00:40:51,620 The case books are legion with instances 888 00:40:51,680 --> 00:40:54,660 where juries reached erroneous conclusions. 889 00:40:54,880 --> 00:40:58,730 If Mr. Shaeffer were to be re-tried in the Bronx today 890 00:40:58,790 --> 00:41:01,930 with all the evidence now available for consideration, 891 00:41:01,990 --> 00:41:04,900 I submit he could not be found guilty 892 00:41:04,960 --> 00:41:08,060 beyond a reasonable doubt, as a matter of law. 893 00:41:09,530 --> 00:41:11,030 His writ should be granted. 894 00:41:14,270 --> 00:41:15,540 Good afternoon, Your Honors. 895 00:41:17,800 --> 00:41:20,840 Justice Scalia writes in Hererra v. Collins 896 00:41:20,910 --> 00:41:23,750 that there is no constitutional protection for prisoners 897 00:41:23,810 --> 00:41:26,810 whose sole claim of error is actual innocence. 898 00:41:27,850 --> 00:41:29,490 That is precisely the case here. 899 00:41:29,550 --> 00:41:32,500 The petitioner has alleged no legal error in his conviction. 900 00:41:32,890 --> 00:41:33,890 So, Mr. Robertson, 901 00:41:33,950 --> 00:41:38,160 if in fact the petitioner is innocent, what relief does he have? 902 00:41:38,490 --> 00:41:40,940 Let me say first that I don't believe that. 903 00:41:40,990 --> 00:41:43,030 But according to the Supreme Court, 904 00:41:43,100 --> 00:41:45,170 if all he's saying is the jury made a mistake, 905 00:41:45,230 --> 00:41:47,140 he can ask the governor for a pardon. 906 00:41:47,200 --> 00:41:49,440 That is his fail-safe in this kind of situation. 907 00:41:49,500 --> 00:41:52,610 So, you're saying that this court lacks the power 908 00:41:52,670 --> 00:41:54,580 to void Mr. Shaeffer's conviction? 909 00:41:55,070 --> 00:41:57,990 If this court chooses to follow Herrera v. Collins, 910 00:41:58,040 --> 00:42:00,120 which is the law in the federal courts, 911 00:42:00,180 --> 00:42:02,060 it should not entertain the petition. 912 00:42:02,520 --> 00:42:05,360 Not every problem was meant to be solved by the judiciary. 913 00:42:05,450 --> 00:42:07,190 The court should exercise restraint 914 00:42:07,250 --> 00:42:08,630 and respect the jury verdict. 915 00:42:10,890 --> 00:42:12,100 Any rebuttal, Mr. McCoy? 916 00:42:13,130 --> 00:42:15,940 Tony Shaeffer should not have to argue his cause 917 00:42:16,000 --> 00:42:18,000 to an elected official 918 00:42:18,060 --> 00:42:21,600 whose political allegiances and ambitions might color his judgment. 919 00:42:21,670 --> 00:42:24,620 That is why the founding fathers saw fit 920 00:42:24,670 --> 00:42:26,980 to establish an independent judiciary. 921 00:42:28,140 --> 00:42:31,990 And judicial restraint does not mean judicial cowardice. 922 00:42:35,180 --> 00:42:39,220 This is a copy of Mr. Shaeffer's daily schedule 923 00:42:39,290 --> 00:42:42,860 in the general population at the Clinton Correctional Facility. 924 00:42:43,590 --> 00:42:48,700 "6:00 a.m., mandatory wake up, 6:30, inmate count," 925 00:42:48,800 --> 00:42:51,540 "6:45, mandatory meal," 926 00:42:51,600 --> 00:42:55,340 "7:15, mandatory vocational training," 927 00:42:55,400 --> 00:42:59,780 "11:00, inmate count, 11:15, mandatory meal..." 928 00:42:59,840 --> 00:43:01,510 What's your point, Mr. McCoy? 929 00:43:02,910 --> 00:43:06,190 He's had this same day now for the last two years. 930 00:43:08,710 --> 00:43:11,820 Guilty of nothing more than stupidity. 931 00:43:12,690 --> 00:43:16,290 He'll have this same day for the next five years... 932 00:43:25,470 --> 00:43:26,500 Ten years. 933 00:43:28,670 --> 00:43:34,280 This same day for the next 23 years at least, 934 00:43:34,340 --> 00:43:36,840 unless this court has the courage to admit 935 00:43:36,910 --> 00:43:38,620 the system failed. 936 00:43:47,620 --> 00:43:51,660 It is the opinion of this court, with one dissent, 937 00:43:51,720 --> 00:43:56,200 that a writ of habeas corpus for Anthony Shaeffer is hereby granted. 938 00:43:56,430 --> 00:43:57,500 (GAS PS) 939 00:43:57,560 --> 00:44:00,440 He is hereby released from custody, 940 00:44:00,530 --> 00:44:03,950 and his conviction for murder in the second degree 941 00:44:04,000 --> 00:44:07,310 is dismissed in the interest of justice. 942 00:44:07,440 --> 00:44:08,680 (CRYING) 943 00:44:10,910 --> 00:44:13,750 I heard it was all smiles in the Shaeffer family. 944 00:44:13,880 --> 00:44:17,090 I have to admit it was nice to get somebody out of jail for a change. 945 00:44:17,180 --> 00:44:19,190 Well, I hope that's out of your system. 946 00:44:19,250 --> 00:44:21,430 Well, I hope I don't catch a case near the Bronx. 947 00:44:25,090 --> 00:44:27,660 That's, uh, Angela Jarrell's father. 948 00:44:28,160 --> 00:44:31,300 He heard an arrest had been made, and drove in from Minnesota.