All language subtitles for law.and.order.s04e08.1080p.bluray.x264-segment_track5_[eng]

(male narrator)
In the criminal justice system...

the people are represented by two separate yet
equally important groups:

the police who
investigate crime...

and the district attorneys
who prosecute the offenders.

These are their stories.

(Peabody) Soon as the city issues a
demolition permit, we jump in.

We've been working this site
for nearly a week.

We marked off the cleared areas. We have to
watch where we walk.

This place is filled with history.
Yeah, reeks with it.

What | want to know is why you lifted the body out of
the ground...

before you called us?

We find remains all the time. There are old cemeteries
all over the city.

And this housekeeping around the burial site,
that's your work, too?

We had to make sure nothing was lost. This is
an archaeological dig.

Hey, this is a crime scene, Mr. Peabody,
and we don't appreciate...

people putting little red ribbons around
our evidence.

We had no way of knowing these remains
were contemporary.

Let me guess.
The quartz watch gave it away?

(Briscoe) What's this? Animal,
vegetable or mineral?

Toupee. Must belong
to the corpse.

We got bits and pieces
of a sheet.

The guy was probably gift-wrapped before
Indiana Jones here got to him.

Corpse got a name?
How about Uncle Fester?

There's no meat on the hands. | guess the teeth are gonna
have to tell, huh?

Jaws are empty. Shattered bones
around the sockets.

Teeth must've been knocked out.
Nice touch.

What's left of a blue blazer.
Cashmere.

Nothing like
going in style, huh?

No labels. Gold buttons.
Hey, it looks like a gryphon.

A what?

There's one on
my family crest.

Seen enough?
Yeah.

Okay, let's pack up Mr. Bones and bring him back
to the office.

(woman on P.A system) Detective Thomas,
pick up line two.

| found this slug from a .22
in the brain cavity.

I'll send it over to Forensics.
Where was the entry wound?

Just above
the cervical vertebrae.

Your basic back of the skull.

Yeah, your basic mob hit.

Male, medium build, 5'7".
Probably stooped.

(Briscoe)
Age?

| have to soak the bone,
macerate some tissue.

It'll take a couple of weeks.

You got any idea how long he was
down there for?

Time since death? Ballpark: between
two and 10 years.

Once we get the chemical analysis,
we cah harrow it down.

Great. When you get an answer, give me a call
at the retirement home.

Missing Persons has a database
of 640 people.

None of them were hunchbacks
with toupees.

What about the building
he was found in?

Well, aside from the rats and the squatters,
we've been checking on...

three different owners
over the last 10 years.

Currently in the city's lap
for unpaid taxes.

ME just sent this over. They pulled it out of your
John Doe's knee bone.

Might trace it back
to a medical supplier.

Hey, if this guy rests in peace
for another couple of weeks...

he's not gonna get any deader.

Well, seeing there's
no numbers...

there's no markings,
it looks pretty generic to me.

What do you say,
we toss it to Profaci...

give him something to do
besides the donut run?

You caught it, you solve it.

What else you have?

Got a Hong Kong Rolex that probably died
before he did.

And gold buttons
on a blue blazer.

Sounds promising.

Just do something before they bulldoze
your crime scene.

(Mrs. Whitaker)
It's British.

18-carat gold, postwar.

It's a hand-stamped
Harris and Townsend.

Pity is, they've
gone belly up.

But | think | have
something comparable.

[exclaims]

$300?

That's more than my suit.

The Harris and Townsend
would run a bit more.

Well, what kind of tailors
would buy these?

| mean, at these prices,
it can't be a very long list.

In the States?

Very few.

They're very elegant.
Haven't used them in years.

You know, in the '80s people had a different
attitude toward money.

| wouldn't know.
| didn't have any.

We're gonna need a list
of your customers...

who got blue blazers
made with these buttons.

I'm afraid
that's confidential.

What are you,
a doctor of haberdashery?

| have a select number
of very distinguished clients.

Sir, obstructing justice will get you a select number
around your neck.

It's a very
simple drill, Harry.

You just look in your books,
and you give us the names.

In 1987, | ordered 200 buttons for
the St. Paul's Youth Choir.

1985, 80 more blazers...

for the Ale and Quail Club.

Cunningham Realtors,
for their top 25 brokers...

every Christmas from '82 on.

Realtors.

Good candidates for
a shallow grave.

We're moving to Jersey City. Even cut back our
bonuses this year.

No more company blazers?

No, we haven't done that since money markets
were at 16%.

Well, we would like to get a list of every broker
who got one.

Our records are
in storage in Weehawken.

Tell me what you need. I'll fill out
a request slip...

and you'll have it by
the end of next week.

I'm afraid we're going to have to have it by
the end of this visit.

Wouldn't know
where to start.

Well, it'd be a shame
to have to go get a warrant...

come back, and unpack
all this neat work.

[knock on glass]

"Brokers of the Year." 1984. .

'83, '82.

Thank you very much, sir.

Last one on my list.

Everyone at Cunningham
is present and accounted for.

Yeah, and we can skip the Youth Choir and go right
to the Ale and Quail Club.

Or we can put this folder
at the bottom of the pile.

What about the women realtors?
Didn't they rate blazers?

It was Mr. Bones.

Who maybe got the jacket
from his wife.

[sighing]

Yes, that's one of
the buttons.

I'm allergic to cashmere, but | gave the buttons
to my father.

How long had he been missing?
Since '84.

He was murdered.
I'm sure you read about it.

Sidney Cohen.

There was a big trial.

They put the son of a bitch
away for life.

Yeah, the Wall Street
whiz kid...

killed your father
over some real estate thing.

What was his name?

Phillip Swann.

They convicted him without the body.
That's how guilty he was.

Was he where they said?

In Patterson?

No, he was buried next to some building
oh Roosevelt Island.

That can't be him.

They had a witness
at the trial...

who testified that he helped
bury my dad in New Jersey.

Your father have
a pin in his knee?

Yeah.

He wrecked it
in a car accident.

(Borak)
Trabecula match.

And see the angle of the femur
on the corpse?

I'll take your word for it.

It's the same as the picture taken at the time
of Mr. Cohen's surgery.

Yeah, well, there's got to be
a lot of people...

walking around with
pins in their knees, right?

Yeah, but there's also the exact position of the pin
in relation to the joint.

| mean, it's not as exact
as a fingerprint...

but it's as close
as you're gonna get to 100%.

Hey, it looks like we definitely
have Sidney Cohen, right?

Yeah? All right.
Well, if he's our guy...

Van Buren wants us to bring everything
we have to Stone.

He prosecuted this case eight years ago and put
Phillip Swann away.

Swann's a pretty
dapper-looking fellow.

| bet he gets his
prison denims tailored.

Half the people in town were trying to get rich
on his junk bonds.

They were lucky they only lost their money.
Mr. Cohen lost his life.

What was the motive
for the murder?

Swann convinced a bunch
of his prep-school buddies...

to invest in a pyramid scheme.

And while Swann was
conning his victims...

Mr. Cohen was conning Mr. Swann to
the tune of about $1 million.

Yeah, you swim with sharks,
bring Band-Aids.

How certain is this
identification?

The ME gives it 95%.
Well, then, we got a problem.

Swann was convicted on the testimony
of an accomplice...

who said that he helped Swann
bury Mr. Cohen in New Jersey.

You have Swann's
murder weapon?

Have Ballistics match it up against the slug we found
in Cohen's skull.

The accomplice also said that Swann killed Cohen
by slitting his throat.

You go back,
re-examine any case...

there's gonna be lies, and inconsistencies,
and contradictions.

Justice isn't perfect. But the bottom line is,
Swann was guilty.

How can you be so
absolutely sure...

if Bobbitt was your principle witness
against Swann?

But | didn't make my case
on accomplice testimony alone.

There was other evidence.

Swann bragged about that murder
to half the people he knew.

You made the case
without the body.

You let us remember
that the jury convicted...

on the basis of
Russell Bobbitt's testimony...

and he may have
perjured himself.

| could have made my case without Bobbitt.
Yes, but you didn't.

Is there even a possibility
Swann's innocent?

| Know Phillip Swann.

He smiled through
the entire Q andA.

He was guilty then.
He's guilty now.

Have Russell Bobbitt
picked up.

At the very least,
you may have a perjury charge.

[people chattering]

Wonder how much
this place will go for.

You mean after they plaster the roaches back
in their nests?

Hey, get this.

It's called Le Chanticleer.

"Exclusive living, with stunning views
of the city.

"Historic building.
Only half a million."

Yeah, | know
the historic part.

Five years ago, this was
Benny Gonzaga's sweatshop.

Beautiful views,
and 50 cents an hour.

Hey, Michelangelo.
Russell Bobbitt?

Yeah.

What's this about?

It's about coming downtown.

| don't care if they found
the body on the moon...

| Know where we put him
eight years ago.

But you couldn't lead us
to the exact spot.

Swann was driving, not me.

Look, | helped
you all | could.

Read the testimony.
Everything | Know is in there.

You claim Swann slit
Cohen's throat.

We know he died
of a gunshot to the head.

That's what Swann told me.

He was wrapped in a sheet.
| never saw him.

This is exactly the kind of stuff Phillip likes
to pull.

Like knocking out Cohen's teeth so he
couldn't be identified.

Swann's very mental.
He might also be innocent.

So now he's got you going.

| wouldn't be surprised
if he planned it that way.

He probably moved
the body the next day.

It all came out
at the trial, Claire.

Swann told him that he'd knocked
his teeth out...

even showed him the hammer
that he'd used.

If you had read the transcripts,
you'd know that.

| did.

And Bobbitt could have lied
just to frame Swann.

Why would Bobbitt
incriminate himself. .

by revealing details
only the killer would know?

Think it through.
It doesn't make sense.

Neither does a dead man taking a tram
to Roosevelt Island.

[sighing]

Claire, please. Listen to me.

Swann killed an old man. He laughed about it
to his rich friends.

He's not only guilty,
he's a pathological liar.

He may be a hero to some people, but to me
he's a cold-blooded Killer.

If he's proven innocent,
he will be a hero.

[phone ringing]

Stone, here.

Yeah, we'll get on it.

I've been served notice.

Swann is contesting
the conviction...

on the grounds
of newly discovered evidence.

[traffic humming]

Hello, Ben.

You're looking well.
Is this your attorney?

This is my state-appointed
paralegal, Michelle Farese.

You must be Claire Kincaid. Phillip Swann.
Pleasure to meet you.

Where is your
attorney, Mr. Swann?

You're looking
at him. I'm pro se.

When | saw your name on the brief, | thought it might
be one of your little jokes.

You didn't think
it was well drafted?

No really, come on.
Your opinion matters to me.

It's not my opinion
that counts.

He was my inspiration.

There being no great
legal issue presented here...

| ask only that the Court
consider the implications...

of the recently
unearthed facts.

These certainly cast doubt on the People's case
as a whole.

Mr. Swann, are you asking that the Court reverse
your conviction...

and dismiss all charges against you, based on these
alleged new facts?

There is
authority for this...

and | respectfully refer, Your Honor,
to People v. Rodriguez.

A slip opinion referred to on page 27
of Appellant's brief.

| note, too,
that the District Attorney...

does not contest the validity of Appellant's
factual allegations.

You're not suggesting...

that the District Attorney relied on
perjured testimony...

in obtaining your conviction,
are you, Counselor?

|! must remind Your Honor that | am not
a member of the bar.

But in response
to Your Honor's inquiry...

| do not Know whether Mr. Bobbitt's testimony
was the product...

of overzealousness. .

or subornation of perjury, but | do know
that | am entitled. ..

to confront that witness in the clear light
of the truth.

A right which was denied to me
in my first trial.

And if we choose
not to dismiss the charges?

In that case, | request
the alternative relief. ..

sought in Appellant's
ser-reply brief.

A new trial. A fair trial.

| conclude by
paraphrasing Justice Marshall.

Witnesses may either be mistaken, or wickedly
intend to deceive.

But circumstances cannot lie.

Thank you, Mr. Swann.

It's so refreshing to see a defendant
who isn't overreaching.

And what Mr. Swann
describes as new evidence. ..

is a distortion of
the facts adduced at trial.

As such, it doesn't warrant
modification of his verdict.

And the testimony that Mr. Swann
slit Mr. Cohen's throat--

Wasn't it your own witness who established
the means of death, Counselor?

(Stone) Mr. Bobbitt merely repeated
what Mr. Swann had told him.

To penalize the People for something entirely
under Mr. Swann's control...

is to reward the Appellant
for having lied.

Surely, Mr. Stone, you don't suggest that Mr. Bobbitt
was mistaken...

about the very state in which
the cadaver was buried?

It is most likely that
the body was moved...

subsequent to being
buried in New Jersey.

But not certain.

Isn't this just the sort of thing a new trial
would ascertain?

A discrepancy of that nature
is not sufficient...

to warrant a directed verdict of acquittal, and that's
the standard. ..

this court must apply, pursuant to
People v. Serrotti. Thank you.

He won.

They granted him a new trial.

Well.

We'll have to round up...

all the witnesses
from the previous trial.

We'll start with his
prep-school cronies first.

It's been eight years.
People move out of state.

Well, they were
Wall Street junkies...

so they'll be where
the money is.

Swann could walk into a room, pitch an idea
to 20 guys in suits...

and walk out with 20 checks.

It was a gift.

So he worked his
magic on you, huh?

He got me into commodities.

You mean he got your old man's money
into commodities.

My dad's, mine. Who cared?

Until | saw the entire
$200,000 circling the bowl.

Then | absolutely panicked.

But Phil gave me a hug and started faking
account statements.

So much for the
old-boy network, huh?

Not quite. We were just
getting nervous.

But not all of our investors
had the stomach for it.

Then Sid Cohen showed up? He had some quick-paced
real estate deals.

Buy condemned property,
get a low-interest HUD loan...

on prospective value,
make 200% on your money.

How can anybody
be unhappy with that?

Cohen took us
for nearly $1 million.

We couldn't pay our secretaries. Our investors
are at the gates...

and we couldn't get
anything out of Cohen.

But Swann was cool.

He promised to get
our money back.

Where did Bobbitt fit in’?

Simple. He was poor. Swann offered
to make him rich.

And it only cost him
his mother's pension.

Ninth grade, Penton Academy, Phil was already
practicing his moves.

Back then it was
$10 shares in a gold mine.

He made you feel lucky you got in on
the ground floor.

Yeah, except the elevator was headed
toward the basement.

Phil gave us a bottle of cheap champagne. We ended up
feeling sorry for him.

So, what, 12 years later
it was forgive and forget?

Phil was selling blue skies. We were greedy enough
to believe him.

It's water under
the bridge now.

Well, | hope you like flashbacks, Mr. Ross, because
Swann's getting a new trial.

[snickers]

What does it take,
a silver bullet?

You'll get
anhother shot at him.

I'd rather not go
through it again.

I'm over my anger.
Well, hey, good for you.

But Mr. Cohen's not
over being dead.

It's on us. The D.A.
will be in touch, Mr. Ross.

[sighs]

Swann takes them to the cleaners,
and all they can say is:

"Thanks for the starch.”

| had a girlfriend once.
Katerina.

In two months, she took me through hell
in a hand basket. ..

but it was a lovely ride.

And if she called tonight?
I'd be waiting at the curb.

[both snickering]

Two of the witnesses
are living abroad.

One's got cold feet, and the other's dropped
out of sight.

Well, that's just terrific.

You're left with one witness,
maybe a perjurer...

and the other one who has the moral backbone
of a pretzel.

It doesn't matter.
Swann killed Cohen.

We ran his name
through the system.

There's a .22 registered
in his name in New Jersey.

And where is that gun now?

All this evidence,
10 years old.

Actually, some if it's
quite a bit older.

| talked to Forensics. They found lava dust
caked on Cohen's remains.

Which means the body was buried where Bobbitt said
it was, and then moved.

But not necessarily by Swann.

Of course it was by Swann.
It makes perfect sense.

He never thought we'd get a conviction
without the body.

The final irony. Body gets found,
and he gets off.

He dug the body up.
He moved it.

There's probably dirt
in the trunk of his car.

Acar that he owned
eight years ago.

A Mercedes 500. We traced it to a woman
in Connecticut.

All right, get a warrant, a pair of tweezers,
and good luck.

An amazing assortment of specimens can accumulate
in eight years.

Sand from two local beaches, bits of pubic hair,
human detritus.

Mostly exfoliated skin, and the parasites
that feed on it.

You see these shiny microflakes? That's schist
from the Ordovician Period.

Very typical of
the Manhattan area.

But this other sample from
the car, that's very exciting.

Look.

The brown coating, that's iron oxide,
characteristic of lava.

So the dirt from the trunk matches the dirt
from the body.

I'm almost 100% sure of it.

But you might want to have a geologist
back me up.

Make sure your
experts speak English.

Don't give the jury a bunch of volcano this
and Stone Age that.

That's not what
I'm worried about, Adam.

Russell Bobbitt's testimony can be easily supported
by the evidence.

Yeah, well,
we can be thankful...

that Swann is arrogant enough
to represent himself.

He dug himself out of prison,
got himself to a new trial.

Merely writing briefs
is one thing.

Rough and tumble of a court trial will
set him back on his heels.

Ben. Russell Bobbitt's gone.

He put a one-way ticket to the Bahamas on his
charge card, and disappeared.

Your Honor, the state is suddenly unable
to produce our prime witness.

So we request a short postponement
to commencing the trial.

Why? Is Mr. Bobbitt sick?

We have evidence that he
may have left the country...

but | have
my doubts about that.

You mean, he packed up
his trunk of lies. ..

and took the first plane
out of the jurisdiction.

Now, you give us a month, Your Honor, and
we'll find out precisely...

what happened to Mr. Bobbitt.

(Swann) Well, with all
due respect, Judge...

I've been sitting in a cell unjustly
for eight years.

To me, a month's like a year.

I'm sorry, Ben.

If Mr. Bobbitt doesn't appear, you'll have to make do
with reading...

his testimony from
the first trial into evidence.

(Swann) Well, excuse me,
Your Honor.

My retrial was granted on
the basis of new evidence. ..

which completely contradicts
Mr. Bobbitt's prior testimony.

The jury is entitled to determine credibility,
Your Honor.

But how can | discredit him,
if | can't cross-examine him?

And the Constitution
gives me...

the right to confront
all withesses against me.

He's right.

Unless the State can
produce the witness...

his story'll never be
heard in my courtroom.

(Stone) They say you don't really
understand the law. ..

unless you spend a couple of years
behind bars.

Well, he's certainly
enjoying the publicity.

He didn't raise millions of dollars without knowing
how to play an audience.

Whatever he lacks in morals,
he's got double in ego.

Well, then, let's use it.

You think you're great, you're not gonna
keep it a secret.

And he spent the last eight years in some
very close quarters.

Innocent?

Sure, he's innocent. Nobody
in here never did nothing.

Only Swann is about
to get a chance to prove it.

And he swears he's got you
guys spinning in your tracks.

Did he ever talk to you
about his first trial?

You know. ..

living in here,
my memory gets awful bad.

| don't have time to play games, Mr. Doyle.
Well, | do.

Four years, to be exact.
We can make it five.

You don't testify,
I'll cite you for contempt.

And I'll say
| don't Know anything.

Perjury. Make it six.

Okay.

But | want a transfer.

Around here, guys with good memories don't win
any popularity contests.

Phil had some money with Sid Cohen.
A real estate deal.

But when Phil went to see him,
there was nothing left.

Did Mr. Cohen offer
any explanation for that?

Phil got very nasty.

But Cohen said he was broke,
he'd lost it all.

What did Mr. Swann
do about that?

Phil was very meticulous.

Every day, he made a list.
"Things to do today."

One day he showed me his list.

Is this the list?

Yes.
Please read it.

"7:00 a.m.:
Breakfast with Donny.

"9:00 a.m.: Conference with Moore and Black,
our attorneys.

"12:30 p.m.: Lunch with Chip.

"4:00 p.m.: Shoe shine.
9:00 p.m.:

"Kill Sid Cohen."

Entered as People's Exhibit 5.

Do you mean to say that you actually took that entry
in my diary seriously?

You were desperate, Phil.

So can | assume you
called the police immediately?

No.

Tell me, Chip, did my list...

say how | was
planning to kill Mr. Cohen?

(Chip)
No. But | knew you had a .22.

You said all you had to do
was bury him in New Jersey...

and nobody would ever know
he was missing.

Well, | guess | wasn't as meticulous as
you thought, Chip.

1f | were. ..

| certainly would have had my shoes shined after | buried
poor Mr. Cohen, not before.

| shared a cell with the defendant for
almost four years.

He was always talking about what a hotshot he is,
you know.

Mercedes Benz, Rolex...

breakfast in Paris, lunch in Rome.
That kind of crap.

Did Mr. Swann ever mention
the name Sid Cohen?

That's the guy
he killed, right?

He was real proud
of that one, too.

What did Mr. Swann tell you
about Mr. Cohen?

He said the guy tried
to screw him on a deal...

so he had to take care of business.
You know what | mean?

Would you please
be more specific.

Bullet in the brain.

Then Swann and his buddy, think he said
the guy's name was Bobbitt...

dumped the body in Jersey.

Swann didn't think Bobbitt could take the heat,
so to cover his butt. .

he moved the body somewhere
oh Roosevelt Island.

That way, if Bobbitt broke...

no one would believe him
without the body.

It's a good plan.

Didn't work.

Billy, Billy, Billy.

You ought to be ashamed.

Question, Mr. Swann?

Of course, Your Honor.

Tell me, Billy, where were you living before
we became roommates?

Binghamton.
And before that?

Vancourt, Texas.

What, did you own a condo,
or did you just rent?

| was incarcerated.

Irrelevant, Your Honor.

Well, certainly I'm allowed to question Mr. Doyle's
credibility.

Continue.

Tell me, Billy,
while you were in Vancourt...

did you have occasion to testify in
a court proceeding?

Yeah.

Under what circumstances?

| cut a deal with
the D.A. down there.

(Swann)
A deal?

To testify against a fellow inmate
in county jail?

That's right.

Isn't it true that your testimony in that case
proved to be perjurious?

So they said.

So they wrote, Billy.

| enter Defense Exhibit 17,
an affidavit. .

from the Sterling County District Attorney, attesting
to Mr. Doyle's perjury.

Billy...

don't you ever learn?

First day of law school: Known perjurers do not
make good witnesses.

How could | know what happened
in Vancourt, Texas?

Swann was privy
to prison gossip.

He researched it.

You may be right about Swann.

The papers are turning him
into a folk hero.

When he gets acquitted,
| might offer him a job.

You try dealing with him?

Adam, if you want me to plea him, you take me
off the case.

Don't tempt me.

Of course | was
angry at Sid Cohen...

but | was also angry
at my investors.

| made them a lot of money...

and they all ran away with their tails
between their legs...

just because
of a little setback.

But | didn't kill them...

and | didn't kill Sid Cohen.

I'm a businessman.

| knew if everyone just sat still,
everything would be okay.

Possibly the extent
of that panic...

drove someone
to kill Sid Cohen.

Possibly there were other
deals with other individuals--

Objection, Your Honor.
Conjecture.

(Swann)
I'm sorry, Your Honor.

Bottom line is
Sid Cohen may be dead now.

But | swear. ..

he was alive. ..

and getting a suntan in Barbados when | was first
convicted of killing him.

Cross-examination, Mr. Stone.

Mr. Swann, do you
routinely list...

killing people as part
of your daily calendar?

Mr. Stone, do you routinely
lack a sense of humor?

About murder | have none, sir.

There's a question pending.

Well, we were kids.
It was a joke.

If | really planned
on murdering Mr. Cohen...

| don't think I'd
announce it to the world.

As Mr. Rafferty said,
| am meticulous.

Well, if you didn't
kill Mr. Cohen...

how do you explain dirt
from Patterson, New Jersey...

found on the
trunk of your car?

Well, eight years ago,
| had a nine handicap.

| played golf three times a week at the Apple Ridge
Country Club.

That's in northern New Jersey.

| guess | over-tipped my caddy. He must not have
cleaned my shoes very well...

before he slipped them
in the back of my trunk.

Then can you explain
how the same dirt...

from your golf cleats
was found on Mr. Cohen's body?

Well, | haven't dedicated my
life to the study of dirt...

butl.... No, | did
read somewhere. ..

that lava rock was used
to build roads in the city.

Maybe it was trucked
in from New Jersey.

| don't know. I'm no expert.

Anything else, Mr. Stone?

No, Your Honor.

Piece by piece,
Swann got rid of our evidence.

Then he cast a reasonable
doubt on what's left.

Reasonable doubt
in whose mind?

The man is guilty, and that jury's lining up
to shake his hand.

Then call Judge Callahan...

and tell him you'll be delivering your
concession speech...

instead of a summation.

Now, listen, | expect you
to come up with something.

Unless you're
ready to admit...

that you've been out-lawyered
by an amateur.

(Swann)
Eight years...

96 months, 2,920 days.

Now that is how much time
I've spent in prison...

for killing a man the State didn't even know was dead
until a few months ago.

Now, first, they convicted me of cutting
Sid Cohen's throat...

when he was, in fact, killed by a bullet
in the brain.

And they claimed
| buried him in New Jersey.

He was found on
Roosevelt Island.

And what do they
offer for proof?

Perjured testimony.

Now, in the real world...

the community sleeps better
if somebody is put in jail.

And in the real world,
prosecutors get promoted...

if they get convictions.

And in the real world, the world assumes that
if you're charged...

you must be guilty.

Now, it's assumptions
like that...

that took away my life.

So let me have
what's lleft of it.

Phillip Swann cuts a pretty romantic figure,
doesn't he?

He's the charming,
high-stakes hustler...

and a very
personable genius...

who likes to pick the pockets
of his wealthier friends.

So he's kind of the bad guy
that we really love...

and we secretly envy.

But behind that very entertaining facade lies
one cold, very ugly fact.

Phillip Swann put a bullet into the skull
of an unarmed old man...

and he did it as just
one more chore to do that day.

Now that's a side of Phillip Swann
he'd rather you didn't see.

It means that he is not the boy genius
of Wall Street. ..

but just an inept swindler...

who got beaten at his own game
by Sid Cohen.

Obviously, Phillip Swann desperately wants
the acceptance...

of his wealthy friends
and the financial world. ..

and now he wants
you to embrace him.

Don't be seduced.

Beware of that man.

Behind the smiles
and the jokes...

is the monster that put
a bullet in Sid Cohen's brain.

(Judge Callahan) Will the defendant
please rise?

On the sole count of the indictment, murder
in the second degree...

how do you find?

We find the defendant
not guilty, Your Honor.

[people murmuring]

Phillip Swann threw
an acquittal party at 21.

Eight years in prison, I'm surprised he didn't
throw a ticker-tape parade.

It's premature.

Swann may not have a law degree,
but my guess is...

that he's well-acquainted
with double jeopardy.

I'm not talking about Cohen's murder. I'm
talking about Russell Bobbitt.

You think Swann got to him?

If he bribed Bobbitt, that's
tampering with a witness.

It's hindering a prosecution.

Bribed Bobbitt with what?

He's been in jail, bankrupt
for the past eight years.

[knocking on door]

Yes?

Ben Stone.

Swann's suing the State and Ben, personally,
for $10 million.

[snickers]

Everything from malicious prosecution
to civil rights violations.

Just got off the phone with Smythe,
Attorney General's Office.

He tells me there's an ugly rumor going
around Court Street. .

that you're
representing yourself.

| Know the case
better than anyone.

The last time you
set foot in civil court...

was 20 years ago
when you were sworn in.

You don't think
| can do it?

When Clarence Darrow went into a courtroom
as a defendant...

he wasn't fool enough
to go it alone.

My immediate concerns
are not with Clarence Darrow--

| don't give a damn
about your concerns.

Liability here is joint
and several.

You lose, you ruin me
and this office.

| can live without this job, sir. There are some
things | cannot live without.

Your ego. Mr. Schiff,
if aman who lies. ..

can go pro se and win, and a man who tells
the truth can't...

| don't want to be
in this anymore.

Yeah, well,
that's just great.

And this little son of a bitch could take your car,
your condo...

and your closetful of blue suits.
Not if | win.

Well, nothing would
make me happier.

| can come back.

No, it's all right.

Well, | have bad news
and good news.

Last month,
in Buckley v. Fitzsimmons...

the Supreme Court took away...

a prosecutor's
absolute immunity.

The good news, it doesn't
appear to be retroactive.

Looks like time
is on your side.

Unfortunately, Mr. Swann is claiming that
the alleged malfeasance...

continues right up to his
acquittal in the second trial.

That's ridiculous.

| Know. But it would take
an appeal to prove that.

Claire, you don't have to
do this. It's my problem.

But it's on my own time.

Mr. Stone, referring to Schedule A of your
1984 federal return...

which has been
marked Plaintiff's 71--

Haven't you
wasted enough time?

What's an ancient tax return
got to do with this case?

We both stipulated to waive all objections except
as to form, Counselor.

Your questions have to have at least
the appearance of relevance.

This is a deposition, not a trial. We both know
everything's fair game.

You wouldn't be trying
to take advantage...

of my lack of formal training,
now would you?

| am trying to get out of here before
the turn of the century.

Now, about that
deduction, Ben.

You should have gotten yourself
a better divorce attorney.

You little creep.
This isn't a game.

You don't like me, Ben? You're just
waking up to that?

Could that be the reason that you used perjured
testimony to convict me...

in the first trial?

There's no proof that Russell Bobbitt--
Think again, Counselor.

| was acquitted
in the second trial.

Therefore, a fortiori, Bobbitt must have been
lying in the first.

Ergo, you are collaterally estopped from trying
to prove otherwise.

It's not like this is
my first case.

Now, Ben...

isn't it true that you were
promoted to the position...

of Executive Assistant
District Attorney...

immediately following
my conviction?

Well, he's certainly
going for the jugular.

Tax returns
for the last ten years.

Puts my life on the dissecting table,
and he drools over it.

He is good.

| don't Know many lawyers who can recite chapter and
verse on collateral estoppel.

What did he say
right after that?

"It's not like this is
my first case."

Waiter. Check, please.

| don't see where
you're going with this.

If he had other clients. ..

he's not gonna work for them
pro bono, right?

Jailhouse barter system. He scratches their backs,
they scratch his.

What if one of those scratches made Russell Bobbitt
disappear?

One of Swann's clients gets out of prison,
owes him a favor.

Yeah, and if he wrote all those appeals, his name's
gonna be on Lexis database.

What about our food?

Well, a lot of briefs are
written by people named Swann.

The program doesn't
include first names.

Now try Swann
and collateral estoppel.

It's Doyle.
| don't believe this.

Call it up.

"The Appellant, William Doyle, an inmate at the
state facility at Ossining."

Swann represented our prime witness
in a civil case.

Now | know how Swann felt when he wanted
to murder Cohen.

So he represented me.

What's that got to do with
the price of tea in China?

If it was part of a scheme
to defraud the courts...

you'd be better off in China.

What, you gonna tack on a couple of years, because
| told the truth in court?

You conveniently forgot to tell us about
your prior perjury.

You didn't ask.

I'm sure Mr. Swann did.

It makes a difference?

Look, the guy's out of here, and there's nothing
you can do...

to either of us.

That's where you're
wrong, Mr. Doyle.

| will see you at your
parole hearing next month...

and the month after that,
and the month after that.

What do you want from me?

Where is Russell Bobbitt?

What do you mean?

| had nothing to do with that.

He's dead?

You get nothing
until you do something for me.

Russell Bobbitt.

What about my parole?
Accessory to murder, Mr. Doyle.

Russell Bobbitt.

[sighing]

George Mazlansky.

| heard Swann
called in a marker.

Hiya.

How long you gonna be?
That depends.

We're looking for a guy
named George Mazlansky.

Haven't seen him.

(Briscoe)
Haven't seen him, huh?

We know he works here, pal.

What, are you trying to tell me he just happens
to be out sick today?

Hey, Georgie!

Freeze!

[groans]

You have the right
to remain silent.

Anything you say
can be used against you.

So who's this Billy Doyle?

You don't know him?

Uh-uh. Well, you'll get
acquainted in court.

He's the guy who's gonna put
you in for a life sentence.

He's gonna point
his finger at you...

and you're gonna tell us
how you took a commission...

to kill Russell Bobbitt.

He's crazy.

[sighs]

You're the one
staring at murder two.

It's Phillip Swann
that I'm after.

| Know he authored a writ
to keep you out of solitary...

but I'm ready
to throw you back in.

[whispering]

What deal would you
offer Mr. Mazlansky?

That depends on what he says.

| did the work for Swann.

| want the body,
Mr. Mazlansky.

He couldn't just leave him
by the side of the road?

Swann said he wanted it done a certain way.
He was particular about it.

Yeah, like he was going
to check up on you?

If something's worth doing,
it's worth doing right.

[police radio chattering]

[knocking on door]

We're looking
for Phillip Swann.

Sure.

Phil, some guys to see you.

He's hooking up the CD.

Cops?

(Briscoe) Phillip Swann,
you're under arrest...

for the murder
of Russell Bobbitt.

You have the right
to remain silent.

Anything you do say can and will be
used against you.

Claire?

Ben.

So here we are again.

Really among colleagues.

We located your
boyhood friend.

Poor Russell.

So it wasn't fun
in the sun, after all.

And those affidavits are from your more recent
acquaintances, Mr. Doyle...

and Mr. Mazlansky.

| guess you just
weren't clever enough.

| got this far, Ben.

[sighs]

A lot of effort to end up
right back where you started.

And in polite society, sir, you don't call people
by the first name...

unless they ask you to.

| didn't do that.

You're not a friend, and you're certainly
not a colleague.

| spent eight years earning the right to call you
whatever the hell | want.

So. .

who makes the first move?

| want a confession. ..

not only for the murder
of Russell Bobbitt. .

but for the murder
of Sid Cohen, as well.

And give away
my greatest victory?

Take this man
back to his cell.

You give up so easy?

It doesn't make any sense, Ben. You're being
totally impractical.

That's not like you.

Obviously, you don't know me.

You never did.