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NARRATOR:
In the criminal justice system
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00:00:03,629 --> 00:00:07,508
the people are represented by two separate
yet equally important groups,
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00:00:07,591 --> 00:00:09,384
the police
who investigate crime
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00:00:09,468 --> 00:00:12,221
and the district attorneys
who prosecute the offenders.
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00:00:12,304 --> 00:00:14,14
These are their stories.
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It's Stalinism! The Board of Education
is purging our lifestyle from the curriculum!
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00:00:19,61 --> 00:00:22,189
Will you please let Mr. Durban
answer the question?
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They can pretend that we don't exist,
but you can't, Richard!
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00:00:25,150 --> 00:00:26,735
We elected you
to the City Council
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00:00:26,818 --> 00:00:28,695
and we damn well expect you
to stand up to them!
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00:00:28,737 --> 00:00:31,198
People, the bigger issue
before the Council
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00:00:31,240 --> 00:00:33,951
is health coverage
for same-sex partners.
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That's a battle we can win.
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That's your answer?
Compromise?
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00:00:37,454 --> 00:00:40,916
It's called politics. You don't get it, Richard,
we want it all.
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00:00:40,999 --> 00:00:44,86
And if you can't deliver,
we'll find somebody who will!
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00:00:45,128 --> 00:00:48,799
You'll have your chance next year.
That's called politics, too.
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00:00:52,469 --> 00:00:54,346
Congratulations, Cliff.
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00:00:54,429 --> 00:00:57,516
Your talent for annoying people
hasn't diminished with age.
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Between making friends and getting results,
it's a no-brainer.
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Well, then, congratulations again.
You're failing on both counts.
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MAN 1: What are you doing? You're nuts!
MAN 2: Yeah? The hell with you!
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{GUN FIRING)
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(WOMAN SCREAMING)
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Oh, my God. Richard.
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| saw him, Officers. He had a green raincoat.
He ran towards 7th.
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30 Charlie to Central. Signal 10-54. We have
a male down, Bleecker and 7th.
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(SIREN BLARING)
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(POLICE RADIO CHATTERING)
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Councilman Richard Durban. Caught one in the head.
No exit wound.
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All personal items are intact.
This lady saw it.
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00:01:50,360 --> 00:01:51,903
What did you see, ma'am?
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00:01:51,945 --> 00:01:55,32
| heard a loud voice.
They were arguing.
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| was across the street. Then this guy shot that man
with a gun and ran away.
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The one who shot,
what did he look like?
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Well, | didn't see his face.
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| just saw he was wearing
a green raincoat.
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Thank you, ma“am. If you think of anything else,
tell the officer.
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| saw him leave. He was by himself. He lives
just a few blocks away.
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00:02:14,509 --> 00:02:16,178
Anybody follow him
from the meeting?
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You're accusing one of us?
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| Knew everybody in that room.
We're like a family.
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00:02:20,474 --> 00:02:24,19
| don't Know many family reunions that need a police
detail at the front door.
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00:02:24,102 --> 00:02:27,522
That's to protect us from them, the paranoid
straight community.
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00:02:27,606 --> 00:02:29,149
That's who killed
Richard Durban.
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00:02:29,232 --> 00:02:32,736
Hey, fella, gay, straight, undecided, give me a name,
I'll make an arrest.
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00:02:32,819 --> 00:02:35,614
Oh, come on, you...
Thanks for your cooperation.
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00:02:37,32 --> 00:02:40,243
The community relations course the department gave us
sure paid off big time.
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00:02:40,327 --> 00:02:42,287
Yeah, don't throw away
your notes.
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00:02:42,371 --> 00:02:45,957
Detectives, we got something in the trash can
up near the corner.
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Well, like the lady said, it's green
and it's a raincoat.
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00:02:53,882 --> 00:02:56,718
Any chance
he left his calling card?
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No. But he left this.
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|, along with every citizen of New York,
feel outrage and grief.
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| want to offer
the city's condolences
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00:03:55,819 --> 00:03:57,821
to Councilman Durban's family,
to the people of...
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00:03:57,904 --> 00:04:00,240
Have we got a suspect
to go with those condolences?
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00:04:00,323 --> 00:04:03,452
Ballistics matched the slug
to the .22 in the raincoat.
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00:04:03,535 --> 00:04:06,830
No prints on the weapon,
and the serial number's been filed off.
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00:04:06,913 --> 00:04:08,123
Well, what about
the raincoat?
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00:04:08,206 --> 00:04:09,583
The lab's working it up.
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00:04:09,624 --> 00:04:12,169
The pockets were empty,
no laundry marks.
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00:04:12,252 --> 00:04:13,587
We called the manufacturer.
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00:04:13,628 --> 00:04:17,466
The past year, they sold 8,000 of them
in the five boroughs.
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00:04:17,966 --> 00:04:21,261
So you're proposing to put
an ad in at lost and found
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00:04:21,344 --> 00:04:22,721
and hope somebody claims it?
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00:04:22,804 --> 00:04:25,474
Well, we've gone public about a suspect
in a green coat.
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00:04:25,515 --> 00:04:27,809
Maybe someone saw him
on 7th Avenue.
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00:04:27,893 --> 00:04:30,437
Other than that,
we don't know anything yet.
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00:04:30,520 --> 00:04:33,356
How about you find out
by this afternoon?
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00:04:33,440 --> 00:04:35,859
You run into
any obstacles, call me.
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00:04:35,942 --> 00:04:37,27
Yes, sir.
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00:04:41,698 --> 00:04:44,242
The date for the memorial
hasn't been set yet.
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00:04:44,326 --> 00:04:46,536
Hold on. Contributions?
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00:04:46,620 --> 00:04:48,955
To the Gay Men's
Health Crisis.
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00:04:49,456 --> 00:04:52,459
| still can't believe it.
It's such a waste.
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00:04:53,502 --> 00:04:55,337
Richard was the first
gay politician
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00:04:55,420 --> 00:04:58,298
who could make people
forget their prejudices.
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00:04:58,340 --> 00:05:01,510
That could make some people
very uncomfortable.
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00:05:01,551 --> 00:05:07,15
The lunatic fringe. They called this morning to
say good riddance and worse.
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00:05:07,557 --> 00:05:10,101
What did they say
before Mr. Durban was shot?
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00:05:10,268 --> 00:05:13,647
There were death threats.
Goes with the territory.
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00:05:13,730 --> 00:05:16,399
These kooks
even threatened his family.
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00:05:16,483 --> 00:05:18,777
You mean his parents
or his live-in partner?
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00:05:18,860 --> 00:05:21,822
No, Richard lived alone.
| meant his ex-wife.
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00:05:22,239 --> 00:05:24,866
She was very supportive
of Richard's politics.
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00:05:24,950 --> 00:05:29,746
Well, if we wanted to look up some of these kooks,
where would you suggest we start?
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00:05:29,830 --> 00:05:33,250
Talk to Councilman Crossley.
Kooks are his biggest boosters.
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00:05:35,877 --> 00:05:38,880
Yeah, | was watching the TV with my wife
when they flashed the bulletin.
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00:05:38,964 --> 00:05:40,507
Hey, | was stunned.
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00:05:40,549 --> 00:05:43,218
Was that just before
you broke out the champagne?
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00:05:43,260 --> 00:05:47,55
You must be kidding me, right?
Besides the fact that | liked Durban personally,
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00:05:47,97 --> 00:05:49,558
| also lost
my juiciest political target.
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00:05:49,599 --> 00:05:53,311
Well, we heard that some of your supporters
might not share your regrets.
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00:05:53,353 --> 00:05:55,981
So what, it's political?
Is that the line from downtown?
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00:05:56,64 --> 00:05:57,607
Right now, that's our line.
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00:05:57,649 --> 00:06:01,570
Look, guys, | pounded a beat for a lot of years in
Canarsie. | know how it goes.
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00:06:01,653 --> 00:06:04,239
You guys caught a heavy one,
you got the brass dogging you
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00:06:04,322 --> 00:06:06,783
to get this thing turned around in time for
the evening news, right?
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00:06:06,825 --> 00:06:09,828
Well, hey, have you even considered
that maybe Durban was mugged?
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00:06:09,911 --> 00:06:11,872
Considered and rejected.
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00:06:11,913 --> 00:06:15,250
Well, so what, he must've been killed
by some flag-waving redneck?
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00:06:15,333 --> 00:06:16,751
Excuse me,
| must've been asleep
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00:06:16,835 --> 00:06:19,254
when the Village People took over
the police department.
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00:06:19,296 --> 00:06:20,547
Come on.
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00:06:23,633 --> 00:06:24,968
(SIGHING)
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00:06:25,969 --> 00:06:28,638
So much for the politics
of tolerance.
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00:06:28,722 --> 00:06:30,265
So what?
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00:06:30,307 --> 00:06:33,685
These people don't shoot each other,
they bore each other to death.
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00:06:33,768 --> 00:06:36,271
Hey, we got a guy
shooting up the White House.
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00:06:36,354 --> 00:06:39,316
Guess knocking off a gay politician's
not out of the question.
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00:06:39,357 --> 00:06:41,443
Well, before we roll out
the Warren Commission,
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00:06:41,526 --> 00:06:44,446
how about we take a look
at Durban's personal life?
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00:06:44,529 --> 00:06:47,115
Even for some gays,
it was messy.
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00:06:47,198 --> 00:06:49,284
And it's not for politicians?
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00:06:49,326 --> 00:06:51,369
Durban was gay
and a politician.
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00:06:55,332 --> 00:06:57,167
We were married
for seven years.
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00:06:58,418 --> 00:07:01,421
It took me longer than that
to accept who Richard was.
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00:07:03,48 --> 00:07:05,592
| had as much difficulty
with it as he did.
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00:07:06,885 --> 00:07:09,429
But we finally
became friends again.
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00:07:09,846 --> 00:07:12,182
And now, some sick mind...
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00:07:13,16 --> 00:07:15,560
So you think he was targeted
because of his views?
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00:07:15,644 --> 00:07:19,481
Yes. | campaigned
for him last year.
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00:07:19,564 --> 00:07:22,442
You wouldn't believe
the calls | got.
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00:07:22,525 --> 00:07:26,279
One time, my 11-year-old answered the phone.
They called him a faggot.
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00:07:27,447 --> 00:07:30,492
Did you know much about your ex-husband's
personal life?
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00:07:30,575 --> 00:07:33,703
Is that a nice way of asking
if he cruised the gay bars?
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00:07:35,246 --> 00:07:39,334
Richard was 47. His wild oats were sown
a long time ago.
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00:07:39,417 --> 00:07:41,211
With all due respect,
Mrs. Durban,
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00:07:41,294 --> 00:07:43,964
some of us older guys still have some life
left in us.
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00:07:44,05 --> 00:07:46,800
I'm not suggesting
he was celibate.
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00:07:46,841 --> 00:07:49,719
For a few months now he's had a young friend
living with him.
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00:07:49,803 --> 00:07:51,930
His assistant said
he was living alone.
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00:07:52,13 --> 00:07:53,890
Richard was discreet.
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00:07:53,932 --> 00:07:55,642
Did you ever
meet this person?
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00:07:55,725 --> 00:07:56,851
No.
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00:07:57,227 --> 00:08:00,355
But Richard and | had rearranged our
son's visiting schedule.
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00:08:00,438 --> 00:08:03,274
Did your husband ever tell you
his friend's name?
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00:08:03,817 --> 00:08:06,361
Joe. | don't know
his last name.
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00:08:09,572 --> 00:08:11,241
Go ahead, open it up.
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00:08:11,491 --> 00:08:13,118
(KEYS JINGLING)
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00:08:23,294 --> 00:08:25,547
Has Mr. Durban's roommate
been around today?
143
00:08:25,588 --> 00:08:26,715
Haven't seen him.
144
00:08:26,798 --> 00:08:29,509
Well, I've been in the basement
fixing the boiler.
145
00:08:29,592 --> 00:08:30,593
Uh-huh.
146
00:08:30,677 --> 00:08:33,388
But you've met him, right?
Oh, sure. Mr. Gibb.
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00:08:33,763 --> 00:08:36,224
He's usually in
during the day.
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00:08:36,307 --> 00:08:39,102
The dresser and the closet
have been cleaned out.
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00:08:39,561 --> 00:08:42,480
Looks like he took the art collection with him,
too.
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00:08:43,440 --> 00:08:44,482
Gee.
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00:08:45,859 --> 00:08:48,737
Think he went out to make
funeral arrangements?
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00:08:48,820 --> 00:08:50,30
Is this Mr. Gibb?
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00:08:50,113 --> 00:08:54,242
Yeah. Nice young fella.
Very popular.
154
00:08:55,160 --> 00:08:56,327
How so?
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00:08:56,411 --> 00:09:00,874
He seemed like he had a lot of friends coming in and out
of here every day.
156
00:09:01,499 --> 00:09:04,586
When Mr. Durban was out?
Yeah, | guess.
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00:09:07,88 --> 00:09:10,258
The lab found some hairs on the raincoat.
What have you got?
158
00:09:10,341 --> 00:09:13,94
New evidence that May-December romances
don't work.
159
00:09:13,136 --> 00:09:16,639
Seems like Mr. Gibb wasn't quite as fond
of monogamy as Mr. Durban.
160
00:09:16,723 --> 00:09:18,224
Anything else?
Yeah.
161
00:09:18,308 --> 00:09:20,143
We pulled the LUDs
on their apartment.
162
00:09:20,226 --> 00:09:22,437
Figured any calls made
during the day were from Gibb.
163
00:09:22,520 --> 00:09:24,355
Anybody he called
might know where he is.
164
00:09:24,439 --> 00:09:27,275
But mostly it's pizza parlors
and a hair salon.
165
00:09:27,358 --> 00:09:29,819
There's a lot of
812 prefixes. Beepers.
166
00:09:29,903 --> 00:09:31,696
Yeah. We left our number
for call-backs.
167
00:09:31,738 --> 00:09:33,323
Keep me posted.
168
00:09:33,364 --> 00:09:35,700
Oh, no, I'd really like
to surprise him.
169
00:09:36,785 --> 00:09:40,205
Just tell him it's an old friend.
Oh, sure, I'll hold.
170
00:09:42,82 --> 00:09:46,252
Mr. Barnett? Oh, hi.
My name's Mike Logan.
171
00:09:46,336 --> 00:09:48,922
Yeah. Well, actually, we...
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00:09:49,05 --> 00:09:52,175
We have a mutual friend.
Joe Gibb.
173
00:09:53,134 --> 00:09:55,11
Yeah, I'm trying
to get in touch with him...
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00:09:55,95 --> 00:09:58,848
Hello? Hello? He hung up.
175
00:09:59,99 --> 00:10:00,350
| had two of those.
176
00:10:00,433 --> 00:10:03,228
Soon as | mention Gibb's name,
| get the dial tone.
177
00:10:03,311 --> 00:10:06,231
Makes you wonder what they're up to
with Mr. Gibb.
178
00:10:06,272 --> 00:10:07,732
{(PHONE RINGING)
179
00:10:08,525 --> 00:10:12,570
Yeah? Oh, yes, | beeped you.
180
00:10:13,947 --> 00:10:16,616
Yeah, | got your number
through Joe.
181
00:10:18,660 --> 00:10:22,247
What do | like?
Well, nothing bizarre.
182
00:10:24,624 --> 00:10:28,419
Yeah, matter of fact, I've got a lunch break
right now. Can you meet?
183
00:10:28,545 --> 00:10:32,507
My name's Lennie. Okay, Eddie,
I'll meet you there.
184
00:10:34,134 --> 00:10:35,927
Eddie?
| got a date.
185
00:10:37,220 --> 00:10:38,930
What do you think,
shall | stick with this tie?
186
00:10:39,13 --> 00:10:41,141
Well,
that's my personal favorite.
187
00:10:43,935 --> 00:10:47,355
| got to tell you, Lennie,
you look just like my dad.
188
00:10:47,939 --> 00:10:50,400
Well, you don't look
anything like my kid.
189
00:10:51,568 --> 00:10:56,322
Yeah, well, you should've seen me last year. | was working
the 12th Avenue piers in drag.
190
00:10:57,115 --> 00:11:01,77
Makeup and a Wonderbra. Got a lot of attention
from married guys.
191
00:11:01,995 --> 00:11:04,539
You married, Lennie?
On and off.
192
00:11:06,40 --> 00:11:09,210
Married guys, they like to pretend
they was coming on to a woman.
193
00:11:09,294 --> 00:11:12,797
Soon as you get them alone, they go straight
for the cookies.
194
00:11:14,549 --> 00:11:16,593
Yeah, well, that's very
informative, Eddie,
195
00:11:16,676 --> 00:11:19,12
but | don't have
a whole lot of time here.
196
00:11:19,95 --> 00:11:22,807
Okay. Routine question | gotta ask.
You're not Vice, are you?
197
00:11:22,932 --> 00:11:24,184
No, no.
Okay.
198
00:11:24,309 --> 00:11:25,602
So what's the deal?
199
00:11:25,643 --> 00:11:27,687
Deal is, if we're talking
French it's one thing,
200
00:11:27,770 --> 00:11:30,148
if we're talking Greek,
it's another.
201
00:11:30,231 --> 00:11:33,359
Well, what if | want
the whole Berlitz course?
202
00:11:34,527 --> 00:11:36,654
100 and a half, plus the room.
203
00:11:37,989 --> 00:11:40,491
Well, let me see
if | have enough on me.
204
00:11:41,242 --> 00:11:43,77
Let's make this a threesome,
okay?
205
00:11:43,161 --> 00:11:44,913
This is entrapment.
You said you weren't Vice.
206
00:11:44,996 --> 00:11:47,248
We're not, we're Homicide.
Keep your hands on the table.
207
00:11:47,332 --> 00:11:50,335
What's going on? | got nothing to do
with no homicide.
208
00:11:51,586 --> 00:11:53,546
What's this for, packages?
That's personal protection.
209
00:11:53,588 --> 00:11:56,925
| run into a lot of weirdoes.
Weirdoes like Joe Gibb?
210
00:11:58,509 --> 00:12:01,137
Joey? Joey's one of my matchmakers.
Why? What's he done?
211
00:12:01,221 --> 00:12:04,515
He's disappeared, for starters. He cleared out
of his 17th Street apartment.
212
00:12:04,599 --> 00:12:06,392
You know where we can find him?
No.
213
00:12:06,476 --> 00:12:08,353
Well, you can think about it
tonight in the holding cell.
214
00:12:08,436 --> 00:12:11,189
Wait a minute,
wait a minute. | guess...
215
00:12:11,564 --> 00:12:15,276
| guess one of his boyfriends caught on to his
little sideline.
216
00:12:15,360 --> 00:12:16,527
Joey called me this morning.
217
00:12:16,611 --> 00:12:20,698
He said he'd relocated
to the Royale on Lex, okay?
218
00:12:22,533 --> 00:12:25,703
Mr. Gibb, it's the manager.
GIBB: Yeah, what do you want?
219
00:12:25,745 --> 00:12:29,499
There's a leak in the room under you.
| have to check your bathroom.
220
00:12:30,83 --> 00:12:31,292
{LOCK CLICKING)
221
00:12:32,293 --> 00:12:34,45
Jesus!
Don't move. Police.
222
00:12:34,128 --> 00:12:36,130
What the hell is this?
Shut up.
223
00:12:36,965 --> 00:12:38,549
He's clean. Sit down.
224
00:12:39,926 --> 00:12:42,387
You wanna tell me what's going on here?
When we're in the mood.
225
00:12:42,470 --> 00:12:44,973
Hey, where did you get these?
What? | own them.
226
00:12:45,56 --> 00:12:47,892
They look
227
00:12:47,976 --> 00:12:50,687
Are these a gift, too?
Yeah. So what?
228
00:12:50,895 --> 00:12:52,355
You can help us
hang them in the precinct.
229
00:12:52,397 --> 00:12:54,232
Let's go.
Come on.
230
00:12:58,569 --> 00:13:02,657
You guys got the wrong idea here. Richard wanted me
to have those things.
231
00:13:03,408 --> 00:13:05,285
For something to
remember him by.
232
00:13:05,326 --> 00:13:08,79
You don't strike me
as a sentimental guy.
233
00:13:09,80 --> 00:13:12,83
No? Inside,
I'm a big pussycat.
234
00:13:14,252 --> 00:13:18,256
So did Durban know you were running an escort service
out of his apartment?
235
00:13:19,507 --> 00:13:23,52
So what if he didn't? I'm just helping people
make a connection.
236
00:13:23,469 --> 00:13:25,138
It's a lonely city out there.
237
00:13:25,179 --> 00:13:28,391
Yeah, you seem to be
a real goodwill expert, Joey.
238
00:13:28,933 --> 00:13:33,438
We looked at your yellows. Multiple arrests for
prostitution, public lewdness.
239
00:13:33,521 --> 00:13:37,400
There's nothing violent in there. Just consenting
adults having fun.
240
00:13:37,817 --> 00:13:41,612
Maybe Durban decided to spoil the party.
He found out, didn't he?
241
00:13:42,280 --> 00:13:45,325
No. Wouldn't matter if he did.
242
00:13:46,659 --> 00:13:50,705
Richard had a hard spot for me.
Wanted to reform me.
243
00:13:51,873 --> 00:13:53,916
But a boy
heeds his amusements.
244
00:13:54,00 --> 00:13:55,835
Then why did you run?
245
00:13:56,210 --> 00:13:58,671
Figured the police
would come knocking. And...
246
00:13:58,755 --> 00:14:01,758
Nothing personal, guys,
but | don't like cops.
247
00:14:03,676 --> 00:14:05,511
You better start liking us,
pretty boy,
248
00:14:05,553 --> 00:14:08,389
because you're gonna spend
a lot of time with us.
249
00:14:08,556 --> 00:14:12,226
Now, what were you doing when Durban was shot
around 10 p.m.?
250
00:14:12,935 --> 00:14:16,439
| was home. Look,
why don't you lay off me
251
00:14:16,522 --> 00:14:19,776
and go bother that right-wing messiah,
Councilman Crossley?
252
00:14:20,943 --> 00:14:24,739
He rang the bell about 9:30. He had a bug up his butt
about something.
253
00:14:26,32 --> 00:14:28,534
You talked to him?
254
00:14:28,618 --> 00:14:31,287
No, but | saw him
through the peephole.
255
00:14:31,579 --> 00:14:33,956
Did you see
what he was wearing?
256
00:14:35,291 --> 00:14:38,586
Yeah, some kind of a green coat
and a pissed-off look.
257
00:14:38,669 --> 00:14:40,588
| had company. | didn't want to deal
with him.
258
00:14:40,671 --> 00:14:45,927
Yeah, well, your company better have a name and better
remember you real well, Joey,
259
00:14:46,10 --> 00:14:49,764
or you're gonna find out what cops like to do
for amusement.
260
00:14:52,308 --> 00:14:56,312
Leo Barnett.
We were playing pinochle.
261
00:15:00,691 --> 00:15:03,361
I'm Detective Briscoe.
This is Detective Logan.
262
00:15:03,528 --> 00:15:06,322
Oh, nice to meet you. But | don't know how
| can help.
263
00:15:06,364 --> 00:15:09,158
Actually, Mr. Barnett,
we've already met.
264
00:15:11,77 --> 00:15:15,289
On the phone. | called to ask you
about Joey Gibb.
265
00:15:16,290 --> 00:15:19,127
Oh, that was you.
Thought we were disconnected.
266
00:15:19,210 --> 00:15:20,795
| didn't know
it was the police.
267
00:15:20,878 --> 00:15:24,298
Mr. Gibb said he was with you
when Mr. Durban was shot.
268
00:15:24,382 --> 00:15:27,969
He said that?
What do you say?
269
00:15:36,144 --> 00:15:37,311
Yes.
270
00:15:39,355 --> 00:15:41,149
You had to think about it?
271
00:15:41,190 --> 00:15:44,569
| had gone to Councilman Durban's house
to drop off a report.
272
00:15:44,861 --> 00:15:47,738
He chaired the Council
Transportation Committee.
273
00:15:47,780 --> 00:15:50,450
Mr. Gibb told me
Durban would be home soon.
274
00:15:50,533 --> 00:15:54,120
| needed to explain some charts to him,
so | waited a little while.
275
00:15:54,203 --> 00:15:56,164
Were you with Gibb at 10:00?
276
00:15:56,247 --> 00:15:59,167
Yes. | left about 10:15.
277
00:16:01,43 --> 00:16:03,87
You see anybody else
at the apartment?
278
00:16:03,171 --> 00:16:05,548
No. But | heard the doorbell.
279
00:16:05,631 --> 00:16:09,760
Mr. Gibb told me that Councilman Crossley
had come by.
280
00:16:12,680 --> 00:16:15,933
He went there to drop off a report.
To drop something.
281
00:16:16,476 --> 00:16:19,604
Either way, he backs up Gibb's alibi
and his story about Crossley.
282
00:16:19,687 --> 00:16:21,105
Pretty damn neat.
283
00:16:21,731 --> 00:16:25,568
Maybe Gibb said, "If the cops come by,
tell them you were with me
284
00:16:25,610 --> 00:16:27,653
"or I'll have a chat
with your wife."
285
00:16:27,737 --> 00:16:30,72
What, a little blackmail?
286
00:16:30,698 --> 00:16:32,492
How do you want to
check it out?
287
00:16:32,575 --> 00:16:35,203
Let's find out what time
Mr. Barnett gets home.
288
00:16:38,789 --> 00:16:40,917
| told you,
| don't Know anything else.
289
00:16:41,00 --> 00:16:42,627
We just have
a few more questions.
290
00:16:42,710 --> 00:16:44,837
Mind if we come in?
MRS. BARNETT: Who is it, Leo?
291
00:16:44,879 --> 00:16:46,464
Just the super.
292
00:16:50,384 --> 00:16:52,887
Can't we talk
in my office tomorrow?
293
00:16:52,970 --> 00:16:54,96
LOGAN: No.
294
00:16:54,180 --> 00:16:56,682
Now look, we thought maybe we could sit down
with you and your wife,
295
00:16:56,766 --> 00:17:00,102
talk about Durban, Gibb,
some of your other friends.
296
00:17:05,107 --> 00:17:07,401
What do you want? Well, for starters,
what were you doing
297
00:17:07,485 --> 00:17:09,737
with Joey Gibb
at Durban's apartment?
298
00:17:12,490 --> 00:17:16,452
What do you think | was doing?
All right? Will you leave now?
299
00:17:17,119 --> 00:17:19,247
Did Durban know
what was going on?
300
00:17:21,541 --> 00:17:22,708
No.
301
00:17:27,04 --> 00:17:31,676
Yes. Joey said Durban found out what he was doing
and was throwing him out.
302
00:17:32,426 --> 00:17:37,390
Okay, so when you finished doing what you were doing
with Joey,
303
00:17:37,890 --> 00:17:40,476
are you sure
about the time you left?
304
00:17:41,227 --> 00:17:43,813
You think Joey shot Durban?
305
00:17:43,896 --> 00:17:46,148
BRISCOE: Well, you said Durban
was throwing him out.
306
00:17:46,232 --> 00:17:48,568
Ask him again about linoleum.
307
00:17:48,651 --> 00:17:50,236
That's what I'm doing.
308
00:17:51,821 --> 00:17:56,325
Are you sure you didn't leave earlier? Are you sure
you were still there at 10:00?
309
00:18:00,246 --> 00:18:02,665
Yes. | don't know.
310
00:18:02,748 --> 00:18:06,335
Whatever you say, okay?
Whatever you want.
311
00:18:10,89 --> 00:18:12,258
Yes, ma“am. Van Buren.
312
00:18:14,969 --> 00:18:18,931
So what do you want to tell her first? That Gibb says
he was with Barnett
313
00:18:18,973 --> 00:18:22,268
when Durban was shot, or that Barnett says
maybe he wasn't?
314
00:18:22,310 --> 00:18:25,813
Barnett would've said anything to keep us
out of his apartment.
315
00:18:26,355 --> 00:18:27,690
Lieutenant?
316
00:18:28,24 --> 00:18:31,402
Gibb's hair doesn't match the hairs
on the shooter's coat.
317
00:18:31,694 --> 00:18:35,239
We can live with that.
Gibb said he saw Crossley mad
318
00:18:35,323 --> 00:18:38,242
half an hour before the shooting,
wearing a green coat.
319
00:18:38,326 --> 00:18:39,910
Crossley. Look at this.
320
00:18:46,709 --> 00:18:48,169
From the City Channel.
321
00:18:48,252 --> 00:18:50,796
.. fights, always rights.
| talk about decency.
322
00:18:50,880 --> 00:18:55,134
Why is a gay teacher any more likely to make
indecent advances to a student
323
00:18:55,176 --> 00:18:58,54
of the same sex than a straight teacher
is to make advances
324
00:18:58,137 --> 00:18:59,472
to a student of
the opposite sex?
325
00:18:59,513 --> 00:19:00,973
Well, that's what
| was gonna ask you.
326
00:19:01,15 --> 00:19:04,18
What is it about you people?
Are we here to debate,
327
00:19:04,226 --> 00:19:06,979
or pander to the grossest stereotypes
about gay people?
328
00:19:07,63 --> 00:19:10,524
Stereotypes? How many lovers do you have in a year,
Mr. Durban?
329
00:19:11,25 --> 00:19:13,986
In a week? In two hours... Crossley told you
he liked Durban?
330
00:19:14,70 --> 00:19:15,71
... bars?
| resent that...
331
00:19:15,112 --> 00:19:16,113
You resent? | resent you...
332
00:19:16,197 --> 00:19:18,741
Okay. Well,
let's check his alibi.
333
00:19:18,824 --> 00:19:21,327
...my children.
...my son
334
00:19:21,410 --> 00:19:24,664
to grow up in a city where people
are not taught to hate...
335
00:19:25,39 --> 00:19:27,875
| was a cop's wife for 20 years.
| know the drill.
336
00:19:28,793 --> 00:19:33,47
So can you tell us where your husband was the night
Councilman Durban was shot?
337
00:19:33,923 --> 00:19:37,468
He was supposed to speak at a fundraising dinner
on Fulton Street.
338
00:19:37,551 --> 00:19:40,680
But he got tired, so he came home early.
About 10:00.
339
00:19:41,263 --> 00:19:43,724
You mean he passed up
a chance to make a speech?
340
00:19:43,766 --> 00:19:47,770
If Kevin accepted all his speaking invitations,
he'd never be home.
341
00:19:48,270 --> 00:19:50,398
He's very strong
for the family.
342
00:19:51,607 --> 00:19:54,819
| believe he mentioned that in one of his debates
with Mr. Durban.
343
00:19:54,902 --> 00:19:57,822
Those weren't debates.
That was a nightclub act.
344
00:19:58,114 --> 00:20:00,950
Yeah, the one we saw
looked like a pier-six brawl.
345
00:20:01,992 --> 00:20:04,870
You gentlemen don't know a dog and pony show
when you see one?
346
00:20:04,954 --> 00:20:06,247
You're saying
it was all faked?
347
00:20:06,330 --> 00:20:07,998
No, they disagreed,
348
00:20:08,40 --> 00:20:09,792
but they were friends.
349
00:20:09,875 --> 00:20:14,46
They helped each other score points with their
constituents. It's done a lot.
350
00:20:15,631 --> 00:20:19,593
| wouldn't exactly say friends. More like
each other's evil twin.
351
00:20:20,302 --> 00:20:22,304
But the brawls were an act.
352
00:20:22,430 --> 00:20:24,807
We called it
the "Fag and Redneck Review."
353
00:20:24,890 --> 00:20:26,308
Sounds like
you didn't approve.
354
00:20:26,392 --> 00:20:28,394
| was Richard's
campaigh manager.
355
00:20:28,477 --> 00:20:30,980
Half of me felt
it undermined our legitimacy.
356
00:20:31,63 --> 00:20:32,440
And how'd
the other half feel?
357
00:20:32,481 --> 00:20:33,691
Excited.
358
00:20:33,774 --> 00:20:36,694
When Richard got a hearing for health benefits
for same-sex partners
359
00:20:36,736 --> 00:20:38,529
at the Knights of Columbus.
360
00:20:38,696 --> 00:20:41,157
So Crossley was his ticket
to a wider audience?
361
00:20:41,198 --> 00:20:45,453
Until Richard got tired of the shtick. He called it
quits a couple of weeks ago.
362
00:20:45,536 --> 00:20:47,747
Did Crossley get tired of it,
too?
363
00:20:47,830 --> 00:20:50,875
Crossley had trouble separating show biz
from reality.
364
00:20:51,208 --> 00:20:53,252
He thought he and Richard
were pals.
365
00:20:53,335 --> 00:20:56,714
He asked Richard last week to do a debate
in Staten Island.
366
00:20:56,797 --> 00:21:00,593
Richard had to say no
three times and spell it.
367
00:21:00,676 --> 00:21:02,303
You got to love these guys.
368
00:21:02,386 --> 00:21:05,723
They pretend to be friends so they can pretend
to be enemies.
369
00:21:05,806 --> 00:21:08,350
Yeah, and you wonder why they can't get
the potholes filled.
370
00:21:08,434 --> 00:21:10,770
Now, Crossley's
a Brooklyn politico, right?
371
00:21:10,853 --> 00:21:12,354
Yeah. A Coney Island baby.
372
00:21:12,563 --> 00:21:15,983
So why does he want Durban to take their act
to Staten Island?
373
00:21:17,276 --> 00:21:21,238
And he's up for re-election next year and he passes up
a major fundraiser
374
00:21:21,322 --> 00:21:23,240
the night Durban gets killed?
375
00:21:23,908 --> 00:21:27,787
All right, either he needs a new campaign manager
or we need a new map.
376
00:21:31,791 --> 00:21:35,628
Crossley. He rode in on last year's
conservative revolution
377
00:21:35,669 --> 00:21:39,799
and he was riding right back out again because
the census bureau can't count.
378
00:21:40,382 --> 00:21:41,550
Can't count what?
379
00:21:41,634 --> 00:21:43,636
Underprivileged,
minorities, immigrants.
380
00:21:43,719 --> 00:21:46,180
The city sued
to get them counted and won.
381
00:21:46,222 --> 00:21:51,310
Gets more federal funds, but it has to redraw the lines
for City Council districts.
382
00:21:52,770 --> 00:21:55,689
Oh, so Crossley's district
was getting erased?
383
00:21:55,981 --> 00:21:59,443
It's not official, but yeah.
Thanks to the late Mr. Durban.
384
00:21:59,527 --> 00:22:01,946
He wasn't in charge
of redistricting, was he?
385
00:22:01,987 --> 00:22:04,782
No, a commission was. But it has members
who are close to people
386
00:22:04,824 --> 00:22:08,410
who wanted a favor from people Durban helped out
on a zoning matter.
387
00:22:08,494 --> 00:22:12,164
So the fix was in.
Durban was... You know.
388
00:22:12,248 --> 00:22:16,43
But he had a strong political will. He knew how
to get what he wanted.
389
00:22:16,126 --> 00:22:18,546
Did Crossley know
what Durban did to him?
390
00:22:18,629 --> 00:22:22,383
| Knew it. He knew it.
My secretary knew it.
391
00:22:26,387 --> 00:22:28,848
My respect for Durban
is growing by the hour.
392
00:22:28,889 --> 00:22:30,850
Yeah, he's so smart he's dead.
393
00:22:31,141 --> 00:22:33,310
If Crossley knew how smart
Durban had been...
394
00:22:33,394 --> 00:22:36,230
Hello. Yeah.
Put me through to Ballistics.
395
00:22:37,439 --> 00:22:39,692
It's Logan. You beeped me?
396
00:22:40,818 --> 00:22:41,944
Go.
397
00:22:46,73 --> 00:22:49,785
Where? All right, thanks.
398
00:22:51,996 --> 00:22:54,373
They raised the serial number
on the murder weapon.
399
00:22:54,456 --> 00:22:57,459
It was stolen from a gun shop
in Brooklyn in 1985.
400
00:22:58,85 --> 00:23:01,505
Great. That means it could've been through
more hands by now than...
401
00:23:01,589 --> 00:23:03,924
Where in Brooklyn?
Canarsie.
402
00:23:04,592 --> 00:23:06,302
Crossley's old precinct.
403
00:23:11,765 --> 00:23:15,102
We talked to your partner, Crossley.
You busted that burglar.
404
00:23:15,227 --> 00:23:21,483
Yeah. When | was a cop, just like you guys.
We are on the same side here.
405
00:23:21,775 --> 00:23:26,655
Well, the problem is, the burglar had 16 guns in
his car when you stopped him,
406
00:23:26,989 --> 00:23:29,325
and you only turned in
15 guns to the evidence room.
407
00:23:29,408 --> 00:23:32,703
16, 15...
So somebody miscounted.
408
00:23:33,454 --> 00:23:35,831
Or you helped yourself
to a drop piece.
409
00:23:36,749 --> 00:23:41,128
You check my service record. 20 years on the force,
and | always went by the book.
410
00:23:41,337 --> 00:23:44,506
You show us where in the book it says you can lie
to a police officer.
411
00:23:44,590 --> 00:23:47,927
Or maybe it just slipped your mind to tell us
you were at Durban's place
412
00:23:47,968 --> 00:23:49,428
half an hour
before he got shot.
413
00:23:49,470 --> 00:23:51,472
| didn't think
it was relevant,
414
00:23:51,555 --> 00:23:53,57
since | was home
when he was killed.
415
00:23:53,140 --> 00:23:56,18
Well, what did you want to see him about
that was so pressing?
416
00:23:56,101 --> 00:23:58,979
We were supposed to debate each other in Staten Island.
Durban begged off.
417
00:23:59,21 --> 00:24:00,648
| thought he owed me
an explanation.
418
00:24:00,731 --> 00:24:02,858
Our witness said
you looked pretty upset.
419
00:24:02,942 --> 00:24:05,945
| was upset.
Because he wasn't there.
420
00:24:06,28 --> 00:24:10,32
No, you were upset because Durban wiped your
Council district off the map.
421
00:24:11,533 --> 00:24:16,413
It's politics. In his shoes, | would have done
the same thing.
422
00:24:16,705 --> 00:24:19,83
And we think you did,
but with a bullet.
423
00:24:22,544 --> 00:24:24,713
| might have disagreed
with Durban,
424
00:24:25,05 --> 00:24:28,509
but don't confuse me with some gay-bashing
skinhead.
425
00:24:28,592 --> 00:24:30,511
Why, because you wear a suit?
426
00:24:31,553 --> 00:24:35,849
Now, | did not kill Richard Durban. You guys got the brass
and the media on your backs.
427
00:24:35,933 --> 00:24:37,977
Don't try to make it
my problem.
428
00:24:38,686 --> 00:24:42,564
Now, I've answered your questions,
and | have work to do.
429
00:24:48,779 --> 00:24:50,614
Councilman Crossley.
430
00:24:50,698 --> 00:24:53,450
Motive, access to
the murder weapon,
431
00:24:53,534 --> 00:24:56,996
and everyone who knows him says he sometimes wore
a green coat.
432
00:24:57,121 --> 00:25:01,41
We searched his house, his office, we can't find it.
And he won't produce it.
433
00:25:01,125 --> 00:25:05,754
The one in the trash can fits him and hairs on it
are consistent with his hair.
434
00:25:06,46 --> 00:25:07,464
Consistent with his...
435
00:25:07,548 --> 00:25:10,551
They match his hair color, thickness
and cross-sectional shape.
436
00:25:10,634 --> 00:25:11,927
That's the best
forensics can do.
437
00:25:12,11 --> 00:25:13,679
But his wife gives him
an alibi.
438
00:25:13,721 --> 00:25:17,433
She loves her husband.
And she hates perverts.
439
00:25:18,851 --> 00:25:20,853
It's gonna tear
the city apart.
440
00:25:22,604 --> 00:25:24,231
(ADAM SIGHING)
441
00:25:25,65 --> 00:25:26,66
So?
442
00:25:27,359 --> 00:25:31,947
So I'll call Crossley's lawyer and arrange to have him
turn himself in.
443
00:25:37,536 --> 00:25:39,955
You really think you can convince a jury?
Yes.
444
00:25:40,39 --> 00:25:43,834
It's a show. The establishment politicians don't care about
convicting me.
445
00:25:43,917 --> 00:25:46,378
They just need to show they're politically correct
by indicting me.
446
00:25:46,462 --> 00:25:51,08
Mr. Crossley, you are not on trial because you didn't
buy the black Barbie.
447
00:25:51,967 --> 00:25:53,302
You're on trial for murder.
448
00:25:53,385 --> 00:25:58,307
Yeah? Well, let me tell you something. If Richard Durban
had been heterosexual,
449
00:25:58,348 --> 00:26:00,768
you never would've
trumped up this travesty.
450
00:26:00,851 --> 00:26:02,936
If he had been heterosexual,
he wouldn't even be dead.
451
00:26:03,20 --> 00:26:04,813
What's that
supposed to mean?
452
00:26:04,855 --> 00:26:07,608
His choice of friends.
His lifestyle...
453
00:26:07,691 --> 00:26:09,526
Are not on trial.
Come on.
454
00:26:13,906 --> 00:26:17,868
So you were one of the founders of the New York
Gay Conservative Caucus?
455
00:26:18,368 --> 00:26:21,705
It's not an oxymoron, Ms. Kincaid. You don't have
to be heterosexual
456
00:26:21,789 --> 00:26:25,167
to think the welfare state destroys
individual responsibility.
457
00:26:25,751 --> 00:26:28,545
So you supported
both Durban and Crossley?
458
00:26:28,921 --> 00:26:31,48
Durban on gay rights,
Crossley on everything else.
459
00:26:31,131 --> 00:26:34,134
Okay. And you passed back and forth
between the camps?
460
00:26:34,885 --> 00:26:37,930
It's not like | was a spy.
They both were expecting me.
461
00:26:38,722 --> 00:26:41,934
And you were aware of the strings Durban pulled
on the districting commission?
462
00:26:42,17 --> 00:26:44,478
Yes.
Okay. Did you tell Crossley?
463
00:26:47,22 --> 00:26:49,858
Do you really believe
Kevin Crossley's a murderer?
464
00:26:50,317 --> 00:26:54,279
The jury's going to decide that. You'll have to
tell them what you know.
465
00:26:55,739 --> 00:27:00,35
These are very difficult times for us.
The gays or the conservatives?
466
00:27:00,661 --> 00:27:02,287
The gay conservatives.
467
00:27:08,01 --> 00:27:10,629
WILEY: My constituency was
happy the way things were.
468
00:27:11,213 --> 00:27:14,91
| told Councilman Durban
| thought he'd made a mistake,
469
00:27:14,174 --> 00:27:18,387
that he should do what he could to see that Councilman
Crossley kept his seat.
470
00:27:18,512 --> 00:27:20,305
And what did Mr. Durban say?
471
00:27:21,223 --> 00:27:24,351
That I'd have to find some other Neanderthal
to support.
472
00:27:24,560 --> 00:27:28,897
And what did you do, Mr. Wiley, after you had your
conversation with Mr. Durban?
473
00:27:29,22 --> 00:27:31,900
| called Councilman Crossley.
| told him what happened.
474
00:27:31,984 --> 00:27:34,653
How did he react?
He was stunned.
475
00:27:35,195 --> 00:27:37,781
He said he would talk
to Mr. Durban himself.
476
00:27:39,491 --> 00:27:43,203
To your knowledge, did that
conversation ever take place?
477
00:27:43,537 --> 00:27:44,705
Yes, it did.
478
00:27:44,955 --> 00:27:47,666
And did you speak to Mr. Crossley
about it afterwards?
479
00:27:47,708 --> 00:27:50,961
Yes. He told me | wouldn't have to explain
him to my friends anymore.
480
00:27:51,44 --> 00:27:54,339
He'd be leaving the Council.
Did he seem upset about that?
481
00:27:55,132 --> 00:27:56,216
No.
482
00:27:57,676 --> 00:28:00,637
He made a joke.
Thank you, Mr. Wiley.
483
00:28:04,266 --> 00:28:06,268
Sir, what was the joke?
484
00:28:06,310 --> 00:28:08,103
He said he was thinking
of moving to Manhattan,
485
00:28:08,145 --> 00:28:10,731
becoming a fairy,
and running against Durban.
486
00:28:13,567 --> 00:28:16,69
GIBB: | met Richard
professionally.
487
00:28:16,153 --> 00:28:19,114
In the course of
your duties as a prostitute.
488
00:28:19,865 --> 00:28:23,827
Hey, I'm not proud of that. Richard helped me
get out of the life.
489
00:28:25,370 --> 00:28:27,873
He was a wonderful man.
Everybody misses him.
490
00:28:27,915 --> 00:28:31,460
Before the murder, were you acquainted
with Councilman Crossley?
491
00:28:33,86 --> 00:28:34,838
Not professionally.
492
00:28:35,631 --> 00:28:37,424
Yeah,
I'd seen him with Richard.
493
00:28:37,507 --> 00:28:40,761
So you have no doubt that it was Councilman Crossley
that you saw
494
00:28:40,802 --> 00:28:43,555
half an hour before
Richard Durban was murdered?
495
00:28:43,805 --> 00:28:47,893
Plain as day. Banging on the door.
He looked very upset.
496
00:28:48,310 --> 00:28:50,187
But you didn't open the door?
497
00:28:51,730 --> 00:28:55,943
Didn't think he wanted to talk to me. | knew
| didn't want to talk to him.
498
00:28:56,443 --> 00:28:57,861
Thank you.
499
00:29:01,281 --> 00:29:04,284
How many times have you
been arrested, Mr. Gibb?
500
00:29:06,370 --> 00:29:09,248
Five, six. Not counting
the day after the murder,
501
00:29:09,289 --> 00:29:13,877
when the police found you with several thousand dollars’
worth of property
502
00:29:13,961 --> 00:29:16,880
belonging to Mr. Durban?
Richard gave me those things.
503
00:29:16,964 --> 00:29:18,340
After he was dead?
504
00:29:19,883 --> 00:29:22,719
Well, he wasn't gonna
need them after he was dead.
505
00:29:23,95 --> 00:29:27,516
The day of the murder, hadn't Mr. Durban just thrown
you out of his apartment
506
00:29:27,808 --> 00:29:31,186
because of your pimping and whoring?
No.
507
00:29:31,228 --> 00:29:33,272
The police
found you in a hotel.
508
00:29:35,232 --> 00:29:38,68
My relationship with Richard
was in transition.
509
00:29:40,28 --> 00:29:41,655
Too bad for you.
510
00:29:42,656 --> 00:29:46,368
Durban paid your rent,
Durban bought your groceries.
511
00:29:46,493 --> 00:29:50,205
Didn't he even fix
your parking tickets?
512
00:29:50,289 --> 00:29:52,207
That meter was broken.
513
00:29:52,833 --> 00:29:59,506
Mr. Gibb, didn't you have good reason
to murder Richard Durban?
514
00:30:01,133 --> 00:30:02,718
No, | loved him.
515
00:30:04,928 --> 00:30:06,388
He loved me.
516
00:30:10,767 --> 00:30:14,438
Yeah. Very touching.
A hustler in love.
517
00:30:14,855 --> 00:30:17,357
We don't get to choose
who our witnesses are.
518
00:30:18,734 --> 00:30:20,861
Gibb is the one who happens
to have seen Crossley.
519
00:30:20,944 --> 00:30:23,697
Yeah, well, Powell made him look
like the murderer.
520
00:30:23,780 --> 00:30:25,782
Here you are, Mr. Schiff. Yeah,
but Gibb's hair doesn't match
521
00:30:25,824 --> 00:30:28,660
the hair on the coat.
Powell will argue...
522
00:30:29,161 --> 00:30:30,704
Thank you. ...that the hair
got on the coat
523
00:30:30,787 --> 00:30:33,498
when it was put in the trash can.
But Durban was shot at 10:00,
524
00:30:33,540 --> 00:30:35,542
and Gibb was with
Leo Barnett at 10:00.
525
00:30:35,584 --> 00:30:37,502
Barnett. Family man.
526
00:30:39,87 --> 00:30:42,90
Are you going to tell the world
about his secret life?
527
00:30:42,382 --> 00:30:45,93
No. | don't have to ask Barnett what he was doing
with Gibb,
528
00:30:45,177 --> 00:30:47,721
| just have to ask him
when he was doing it.
529
00:30:47,804 --> 00:30:49,181
Powell might bring it up.
530
00:30:49,264 --> 00:30:50,515
JACK: Let him.
531
00:30:50,932 --> 00:30:55,562
Just because Barnett is a closet homosexual doesn't
mean that he can't tell time.
532
00:30:57,439 --> 00:31:00,650
It was about 9:30
when | heard the doorbell.
533
00:31:00,734 --> 00:31:02,944
And what time
did you leave the apartment?
534
00:31:03,28 --> 00:31:04,863
A few minutes after 10:00.
535
00:31:04,905 --> 00:31:06,823
Was Mr. Gibb there
when you left?
536
00:31:06,865 --> 00:31:07,949
Yes.
537
00:31:08,33 --> 00:31:10,660
And was Mr. Gibb there
the whole time you were there?
538
00:31:10,744 --> 00:31:11,703
Yes.
539
00:31:16,792 --> 00:31:22,47
Mr. Barnett, didn't you tell the police you might have left
Mr. Gibb alone before 10:00?
540
00:31:23,06 --> 00:31:24,341
| don't think so.
541
00:31:24,966 --> 00:31:29,54
| have Detective Logan's report on his interview
with you in your apartment.
542
00:31:29,388 --> 00:31:31,932
You said you didn't know
what time you left.
543
00:31:33,100 --> 00:31:36,186
| do know when | left.
It was after 10:00.
544
00:31:37,521 --> 00:31:43,860
| see. Now, you'd been to Mr. Durban's apartment
before, is that correct?
545
00:31:45,237 --> 00:31:49,366
Yes. He was chairman of the committee
that oversees my department.
546
00:31:49,783 --> 00:31:52,369
| would meet with him
a couple of times a month.
547
00:31:55,163 --> 00:31:58,333
Mr. Barnett,
do you drive a blue Chrysler?
548
00:32:01,586 --> 00:32:02,587
Yes.
549
00:32:03,463 --> 00:32:08,927
And when you visited Mr. Durban
on Wednesday nights,
550
00:32:09,803 --> 00:32:13,974
you parked it on 12th Avenue,
near the piers,
551
00:32:14,558 --> 00:32:17,727
more than a mile
from Mr. Durban's apartment?
552
00:32:21,898 --> 00:32:23,24
No.
553
00:32:25,610 --> 00:32:30,449
I'm sorry. | meant 7th Avenue. Is that where you parked
the night of the murder?
554
00:32:34,35 --> 00:32:35,120
Yes.
555
00:32:35,829 --> 00:32:40,125
Now, you were saying you don't remember what time
you left the apartment?
556
00:32:40,250 --> 00:32:43,44
Objection. The witness has already said
he was very sure.
557
00:32:43,128 --> 00:32:44,504
Sustained.
558
00:32:45,338 --> 00:32:47,799
Just remind me then, please,
Mr. Barnett.
559
00:32:48,300 --> 00:32:51,803
What time
did you leave that apartment?
560
00:32:57,767 --> 00:32:59,19
|, uh...
561
00:33:00,187 --> 00:33:04,232
| think it was around 10:00.
562
00:33:05,358 --> 00:33:09,404
POWELL: You didn't check your watch as you walked out
the door, did you?
563
00:33:12,657 --> 00:33:14,326
No. No, | didn't.
564
00:33:16,203 --> 00:33:17,996
So it is possible
565
00:33:18,997 --> 00:33:23,84
that you left Mr. Gibb
before 10:00?
566
00:33:25,879 --> 00:33:28,632
Yes. | suppose it is.
567
00:33:33,803 --> 00:33:37,891
So you don't know
where Mr. Gibb was
568
00:33:37,974 --> 00:33:41,686
when Mr. Durban
was murdered, do you?
569
00:33:44,940 --> 00:33:46,316
No, | don't.
570
00:33:51,696 --> 00:33:52,739
Powell!
571
00:33:54,783 --> 00:33:58,495
I'm sorry about your witness, Jack. If | were you,
I'd have the police take
572
00:33:58,578 --> 00:34:00,205
another look at Gibb
after my client is acquitted.
573
00:34:00,288 --> 00:34:01,706
That was way beyond sleazy.
574
00:34:01,748 --> 00:34:03,708
You really shouldn't take
these setbacks so personally.
575
00:34:03,750 --> 00:34:07,462
You as good as told Barnett you had evidence that he
cruised gay prostitutes.
576
00:34:07,546 --> 00:34:09,422
You even told him
the time and the place.
577
00:34:09,464 --> 00:34:11,258
| just asked
a few simple questions.
578
00:34:11,341 --> 00:34:13,969
The man is terrified
of being exposed.
579
00:34:14,803 --> 00:34:17,138
He gave you the answers
you wanted to hear.
580
00:34:17,222 --> 00:34:20,267
You committed blackmail
in front of 200 witnesses.
581
00:34:20,350 --> 00:34:22,686
Blackmail?
You gonna arrest me?
582
00:34:26,523 --> 00:34:29,401
We can undo the damage by nailing Barnett
on redirect.
583
00:34:29,484 --> 00:34:31,152
Make him explain
what Powell did to him.
584
00:34:31,194 --> 00:34:34,990
The jury already heard Barnett change his story once. If we
make him change it again,
585
00:34:35,31 --> 00:34:36,658
they won't believe
anything he says.
586
00:34:36,700 --> 00:34:39,536
So we let him shoot us
in the foot and walk away?
587
00:34:40,412 --> 00:34:43,248
Briscoe and Logan interviewed
Barnett at his office.
588
00:34:43,331 --> 00:34:45,83
A few hours later,
they interviewed him at home.
589
00:34:45,125 --> 00:34:47,460
Do you think that they went back just because
they forgot to ask him
590
00:34:47,544 --> 00:34:49,212
what his mother's
maiden name was?
591
00:34:49,296 --> 00:34:51,256
The cops
blackmailed him first.
592
00:34:51,590 --> 00:34:55,135
We'll let one of them explain why Barnett's story
is so flexible.
593
00:34:55,719 --> 00:34:58,179
Okay, we went
to Barnett's apartment,
594
00:34:58,221 --> 00:35:01,516
and we might have threatened
to raise our voices. So what?
595
00:35:01,766 --> 00:35:03,935
With his wife
in the next room.
596
00:35:04,19 --> 00:35:06,313
Was she?
Geez, | didn't see her there.
597
00:35:06,354 --> 00:35:09,524
His wife who doesn't know about his hobby
of picking up young men?
598
00:35:09,608 --> 00:35:11,443
Hey, we got
the guy's attention.
599
00:35:11,526 --> 00:35:13,945
He'd been having a little trouble
focusing up till then.
600
00:35:14,29 --> 00:35:16,197
So you coerced
his cooperation.
601
00:35:16,239 --> 00:35:18,825
No, we conducted an effective witness
interview.
602
00:35:18,908 --> 00:35:23,246
At that point, you suspected Gibb. You were hoping
Barnett would incriminate him.
603
00:35:23,288 --> 00:35:25,624
He got the message and gave you
what you wanted to hear.
604
00:35:25,665 --> 00:35:29,628
Maybe. But then we moved on to Crossley and got you
your actual killer.
605
00:35:29,669 --> 00:35:32,255
Who may be acquitted because the defense
is using the statements
606
00:35:32,339 --> 00:35:33,965
you coerced from Barnett.
607
00:35:34,07 --> 00:35:36,509
What do you want us to do,
slap each other on the wrist?
608
00:35:36,593 --> 00:35:40,305
No. | want you
to tell the jury what you did.
609
00:35:49,648 --> 00:35:51,900
At the time of our second interview
with Mr. Barnett,
610
00:35:51,983 --> 00:35:53,943
our prime suspect
was Mr. Gibb.
611
00:35:54,361 --> 00:35:57,155
And you were trying hard
to break Mr. Gibb's alibi.
612
00:35:57,238 --> 00:36:01,34
That's correct. Detective Briscoe and |
suggested to Mr. Barnett
613
00:36:01,117 --> 00:36:04,496
that we might tell his wife he was patronizing
gay prostitutes
614
00:36:04,537 --> 00:36:06,748
if he wasn't
completely forthcoming.
615
00:36:06,873 --> 00:36:09,668
And it was only then
that he said he was
616
00:36:09,709 --> 00:36:12,462
uncertain about what time
he left the apartment.
617
00:36:13,129 --> 00:36:16,216
Yes. Basically, he would have said anything
to make us go away.
618
00:36:16,299 --> 00:36:19,344
But until you used
excessive pressure,
619
00:36:19,761 --> 00:36:23,181
he'd been clear that he'd been
with Mr. Gibb until 10:15?
620
00:36:23,473 --> 00:36:26,351
That's correct.
Thank you.
621
00:36:29,104 --> 00:36:31,815
Isn't it possible that Mr. Barnett was telling you
the truth
622
00:36:31,898 --> 00:36:33,650
in his second interview?
623
00:36:33,692 --> 00:36:37,487
He would have told us Gibb was a hit man from Mars
if we wanted him to.
624
00:36:37,696 --> 00:36:42,867
| see. Are you familiar with Section 135.60
of the Penal Law?
625
00:36:43,284 --> 00:36:45,328
| don't have
that one memorized.
626
00:36:46,413 --> 00:36:49,82
Then you can just read
the highlighted section.
627
00:36:53,628 --> 00:36:57,340
"A person is guilty of coercion in the second degree
when he compels or induces
628
00:36:57,424 --> 00:36:59,92
"a person to engage
in conduct
629
00:36:59,134 --> 00:37:02,470
"by instilling in him a fear
that he will expose a secret.”
630
00:37:02,554 --> 00:37:05,849
It's your testimony that that's what you did
to Mr. Barnett?
631
00:37:06,474 --> 00:37:08,935
Yes. Have you been charged
with coercion?
632
00:37:13,565 --> 00:37:15,24
No.
How nice.
633
00:37:16,151 --> 00:37:19,195
You must have a friend in the District Attorney's
Office.
634
00:37:19,320 --> 00:37:21,30
Objection.
Sustained.
635
00:37:21,364 --> 00:37:24,75
Make it a question,
Mr. Powell, if you have one.
636
00:37:24,576 --> 00:37:27,746
I'll withdraw it.
Detective Logan,
637
00:37:28,788 --> 00:37:33,585
you said Mr. Gibb was at one time your primary
suspect in this case.
638
00:37:33,960 --> 00:37:35,211
Why was that?
639
00:37:35,462 --> 00:37:37,756
Because he disappeared
from the victim's apartment.
640
00:37:37,797 --> 00:37:40,759
Didn't you also suspect him
because he was a pimp
641
00:37:41,176 --> 00:37:45,472
and a prostitute involved in a homosexual affair
with the victim?
642
00:37:45,722 --> 00:37:48,99
Actually, we didn't know
if that would be relevant.
643
00:37:48,183 --> 00:37:53,271
Really? Wasn't your suspicion of Mr. Gibb based in part
on your knowledge
644
00:37:53,646 --> 00:37:56,566
that many gay lovers'
quarrels turn violent?
645
00:37:56,608 --> 00:37:57,901
| wouldn't know about that.
646
00:37:57,984 --> 00:38:01,696
You've investigated murders resulting from gay lovers’
quarrels, haven't you?
647
00:38:01,780 --> 00:38:05,700
Yes. Tell me, are you familiar
with an expression
648
00:38:06,201 --> 00:38:10,455
some police officers use to describe a murder
in a gay neighborhood
649
00:38:10,497 --> 00:38:13,458
even before they know the circumstances
of the crime?
650
00:38:14,876 --> 00:38:18,546
I'm not sure what you're referring to. | think you do,
Detective.
651
00:38:18,963 --> 00:38:22,91
Do | have to bring in witnesses
who've heard you say it?
652
00:38:22,300 --> 00:38:24,469
Can | avoid
that embarrassment?
653
00:38:34,354 --> 00:38:36,64
They call it homo-cide.
654
00:38:45,657 --> 00:38:48,493
"Gays are unstable.
Gays are violent."
655
00:38:48,576 --> 00:38:50,537
"They're so
emotionally fragile,
656
00:38:50,578 --> 00:38:53,206
"they just go off
their pretty little heads."
657
00:38:54,332 --> 00:38:58,02
Powell's giving the jury a short course
in negative gay stereotypes.
658
00:38:58,127 --> 00:39:01,47
It's 1995.
| hope they'll Know better.
659
00:39:01,89 --> 00:39:02,549
Read the newspaper.
660
00:39:02,632 --> 00:39:05,593
Two Americans in five think
homosexuality is a sin.
661
00:39:06,52 --> 00:39:09,430
Don't worry about two out of five,
worry about one out of 12.
662
00:39:12,559 --> 00:39:16,729
CROSSLEY: | was at home
with my wife. All night.
663
00:39:16,813 --> 00:39:19,107
Regarding People's 18, sir,
664
00:39:20,525 --> 00:39:25,613
did you acquire this gun
from a burglar in 1985?
665
00:39:26,364 --> 00:39:28,366
I've never seen
this gun before.
666
00:39:28,408 --> 00:39:33,121
Did you blame Richard Durban for taking away
your Council seat?
667
00:39:33,246 --> 00:39:36,666
No, of course not. | was planning on quitting
politics anyway.
668
00:39:37,208 --> 00:39:41,504
| mean, in New York City it's too late for politics. My wife
and | are moving upstate.
669
00:39:41,588 --> 00:39:43,715
When did you last
speak to Richard Durban?
670
00:39:43,756 --> 00:39:46,843
The day before he was shot.
He came by my office. He...
671
00:39:47,677 --> 00:39:51,472
| might not have approved of Richard's lifestyle,
but we were friends.
672
00:39:52,765 --> 00:39:54,434
He had some problems
he wanted to talk about.
673
00:39:54,517 --> 00:39:56,895
What kind of problems? JACK: Objection.
That would be hearsay.
674
00:39:56,978 --> 00:39:58,646
LESSING:
So it would, Mr. Powell.
675
00:40:00,732 --> 00:40:05,194
As a result of your conversation with Mr. Durban,
what did you do?
676
00:40:05,737 --> 00:40:08,573
| gave Mr. Durban some advice
about personal security.
677
00:40:08,656 --> 00:40:11,200
Personal security? Yes. He was afraid of his boyfriend.
678
00:40:11,284 --> 00:40:13,536
Objection. Move to strike.
Granted.
679
00:40:13,828 --> 00:40:16,664
The jury will disregard
the witness's last remark.
680
00:40:16,915 --> 00:40:20,501
Mr. Crossley,
did you shoot Richard Durban?
681
00:40:20,793 --> 00:40:23,630
No. No, | did not.
682
00:40:28,343 --> 00:40:29,886
If you were planning
on quitting politics,
683
00:40:29,969 --> 00:40:32,847
why did you want to debate Richard Durban
on Staten Island?
684
00:40:32,931 --> 00:40:34,724
We had a commitment.
Acommitment you made because
685
00:40:34,807 --> 00:40:38,227
you were thinking of moving to Staten Island and running
for City Council there.
686
00:40:38,269 --> 00:40:40,897
Isn't that right? | told you,
I'm quitting politics.
687
00:40:40,980 --> 00:40:43,358
I'm sure you are now,
but then you wanted to stay in
688
00:40:43,441 --> 00:40:45,652
and you needed
Richard Durban to help you.
689
00:40:45,735 --> 00:40:46,736
No.
690
00:40:48,529 --> 00:40:52,367
So you just wanted to debate Richard Durban
for your health.
691
00:40:52,575 --> 00:40:53,952
| thought it would be
a public service.
692
00:40:54,35 --> 00:40:56,162
To give potential voters
an opportunity
693
00:40:56,245 --> 00:40:58,748
to hear you speak.
Not me.
694
00:40:59,82 --> 00:41:02,43
But | thought they should see someone
like Richard Durban.
695
00:41:02,126 --> 00:41:04,796
An intelligent,
successful politician
696
00:41:05,588 --> 00:41:08,341
who had just succeeded in running you out
of city government.
697
00:41:08,424 --> 00:41:12,428
| thought they should see someone who acted contrary
to nature and to God.
698
00:41:14,55 --> 00:41:15,890
Come on, Mr. Crossley,
699
00:41:16,516 --> 00:41:20,478
you couldn't have found his sexual orientation
that upsetting.
700
00:41:20,561 --> 00:41:22,188
You just said
you were friends.
701
00:41:22,271 --> 00:41:25,733
Well, only as long as | could stop myself from thinking
about what he did.
702
00:41:25,817 --> 00:41:29,112
Where he did it. Sex in those bars,
sex in the streets.
703
00:41:29,195 --> 00:41:31,364
Mr. Crossley... Sex with that sleazy hustler
he picked up...
704
00:41:31,489 --> 00:41:34,283
Will Your Honor instruct the witness
to confine his responses...
705
00:41:34,367 --> 00:41:36,244
I'm surprised he lived as long as he did.
You bastard!
706
00:41:36,327 --> 00:41:38,871
You killed him, and now you smear him!
LESSING: Order!
707
00:41:38,955 --> 00:41:40,999
Order in the court. See? Associating
with people like that.
708
00:41:41,82 --> 00:41:42,458
The officer
will remove that man.
709
00:41:42,542 --> 00:41:45,86
You gay-baiting pig!
You killed Richard!
710
00:41:45,169 --> 00:41:47,171
Order in the court!
We're queer and we're here!
711
00:41:47,255 --> 00:41:49,549
We're queer and we're here!
Sit down or I'll cite you.
712
00:41:49,632 --> 00:41:51,676
CROSSLEY: You see what we have to deal with?
You see what they're like?
713
00:41:51,759 --> 00:41:53,136
Mr. Crossley, that's enough.
714
00:41:53,219 --> 00:41:55,221
That's why
I'm leaving this town.
715
00:41:55,263 --> 00:41:57,890
That's why. Right there.
Order in the court!
716
00:41:57,932 --> 00:42:00,351
Right there. Right there.
717
00:42:00,435 --> 00:42:02,729
(PEOPLE SHOUTING)
718
00:42:03,688 --> 00:42:04,897
Scum.
719
00:42:12,155 --> 00:42:16,242
After the murder of a prominent public figure
like Richard Durban,
720
00:42:17,35 --> 00:42:18,828
there is a desire to blame.
721
00:42:20,913 --> 00:42:25,543
Mr. Durban's followers
want to blame Kevin Crossley
722
00:42:26,753 --> 00:42:30,89
because they think he fits their idea
of a villain.
723
00:42:33,92 --> 00:42:36,596
But the evidence against Councilman Crossley
does not fit.
724
00:42:37,805 --> 00:42:39,682
There are no withesses.
725
00:42:40,58 --> 00:42:42,18
No bloodstains.
726
00:42:42,101 --> 00:42:44,979
No fingerprints.
727
00:42:45,938 --> 00:42:49,942
Just a hair
and an old raincoat that
728
00:42:51,110 --> 00:42:53,404
could have belonged to anybody
729
00:42:53,571 --> 00:42:57,200
and a gun Councilman Crossley
never saw,
730
00:42:58,826 --> 00:43:03,206
plus the testimony of a professional criminal
and deviant.
731
00:43:04,123 --> 00:43:07,585
| hope,
Councilman Crossley hopes,
732
00:43:08,127 --> 00:43:11,756
that the killer of Richard Durban is found
and brought to justice.
733
00:43:12,507 --> 00:43:16,636
And as soon as you acquit Councilman Crossley
the police can begin to look
734
00:43:16,719 --> 00:43:20,306
for that killer in the right places.
Thank you.
735
00:43:22,642 --> 00:43:24,268
When you were sworn in,
736
00:43:24,894 --> 00:43:28,773
you promised to put aside prejudice
in the search for the truth.
737
00:43:29,273 --> 00:43:34,529
The defense took no such vow and so they have regaled
you with tales
738
00:43:34,612 --> 00:43:39,659
of the homosexual lifestyle which have nothing to do
with the case at hand.
739
00:43:40,660 --> 00:43:43,121
Richard Durban was killed
740
00:43:43,204 --> 00:43:47,667
because he had Kevin Crossley
thrown off the City Council
741
00:43:47,750 --> 00:43:50,670
and he refused to
help him get back on again.
742
00:43:52,964 --> 00:43:56,926
Crossley was hurt
and he was angry.
743
00:43:59,262 --> 00:44:02,515
He had a green raincoat
and he had a gun
744
00:44:02,557 --> 00:44:06,352
which disappeared from police custody while
it was in his possession.
745
00:44:09,355 --> 00:44:12,984
He went looking for Richard Durban
and he quarreled with him
746
00:44:13,484 --> 00:44:15,862
and then he shot him down
in the street.
747
00:44:17,488 --> 00:44:20,533
Richard Durban wasn't murdered
because he was gay.
748
00:44:21,576 --> 00:44:25,163
He was murdered because
Kevin Crossley was angry.
749
00:44:34,714 --> 00:44:39,552
Mr. Foreman, do you see any possibility that you
can reach a verdict
750
00:44:39,635 --> 00:44:41,512
given additional time?
751
00:44:42,180 --> 00:44:45,600
We have tried, Your Honor.
We are hopelessly deadlocked.
752
00:44:46,642 --> 00:44:49,604
Very well.
You are dismissed with thanks.
753
00:44:50,313 --> 00:44:54,650
Mr. McCoy, Mr. Powell, we'll meet in my chambers
tomorrow at 10:00
754
00:44:54,692 --> 00:44:57,945
to discuss a new date,
if the People wish to proceed.
755
00:44:58,487 --> 00:45:00,615
The defendant's bail
is continued.
756
00:45:09,248 --> 00:45:10,833
If we wish to proceed?
757
00:45:10,917 --> 00:45:12,835
We try him again,
they'll gay-bash again.
758
00:45:14,128 --> 00:45:15,588
Is there a sucker
on every jury?
759
00:45:15,671 --> 00:45:17,715
It's hard to say.
They don't wear a sign.
760
00:45:17,757 --> 00:45:20,92
So my mea culpa was for nothing.
I'm sorry.
761
00:45:20,134 --> 00:45:22,345
Well, at least you didn't arrest me
for coercion.
762
00:45:22,428 --> 00:45:24,430
It's just a Class-A
misdemeanor.
763
00:45:26,307 --> 00:45:28,226
MAN: Pig! Pig!
Pervert!
764
00:45:28,309 --> 00:45:30,561
{CROWD YELLING)
765
00:45:39,487 --> 00:45:40,947
(GLASS SHATTERING)
766
00:45:43,950 --> 00:45:45,76
Pig! Pervert!
767
00:45:45,117 --> 00:45:47,745
We're on the same side,
if you don't know it.
768
00:45:48,704 --> 00:45:50,414
(WHISTLE BLOWING)
769
00:45:50,915 --> 00:45:51,916
MAN: Bastard!
770
00:45:59,131 --> 00:46:02,134
CLAIRE: Logan doesn't deserve
this. | mean, you were there.
771
00:46:02,176 --> 00:46:04,637
| wanted to punch
Crossley myself.
772
00:46:04,679 --> 00:46:06,305
But you didn't.
773
00:46:07,431 --> 00:46:11,644
And the federal prosecutor in Oklahoma isn't going to
punch anybody, either.
774
00:46:12,853 --> 00:46:15,231
It's called the rule of law.
775
00:46:18,567 --> 00:46:20,736
Otherwise, what's the point?
776
00:46:22,321 --> 00:46:24,991
So what do you think
will happen to him?
777
00:46:25,74 --> 00:46:28,786
He'll be walking a beat in Staten Island
for two-and-a-half to five.
778
00:46:30,204 --> 00:46:31,706
He'll be fine.
62889
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