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NARRATOR:
In the criminal justice system

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the people are represented by two
separate yet equally important groups,

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the police
who investigate crime

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and the district attorneys
who prosecute the offenders.

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These are their stories.

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LUISA: Tena,
Daddy's waiting for us.

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I'm waving to Max.

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Put on your coat and your gloves.
I won't tell you twice.

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And bring me Elena's hat.

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Can I bring Lily?

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Yes, but hurry.

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(SPEAKING SPANISH)

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I don't see Daddy and Max.

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Leon?

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Leon!

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(SPEAKING SPANISH)

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Max! Max!

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(SCREAMING IN SPANISH)

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The 5-year-old died
en-route to North General.

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Mr. Galvez was
dead at the scene.

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CURTIS: What were they
doing out this early?

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They were going to their
grandmother's in Albany.

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Point of impact was here, knocked
the kid right out of his boots.

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BRISCOE: You got a make on
the hit-and-run?

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NORRIS: No.
No witnesses so far.

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Want to see the other one?

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Other one?

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Around the corner.

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CURTIS: Any ID?

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NORRIS: Be my guest.

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I'll wager he didn't
live in Harlem.

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Peter Lavalle,
170 East 82nd Street.

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Long way from his townhouse.

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We're positing he got
hit at the crosswalk.

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The car swerved
after the impact,

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hit the curb going
around the corner,

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we got tire marks there,
then hit the other two.

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Anybody hear him
hit the brakes?

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No brakes.
No skid marks.

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Maybe no accident.

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Max always followed
his papa everywhere.

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I don't know what
I'm going to do.

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We don't have any money.

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Victim Services can
help you with that.

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We'll make sure
the word gets out.

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Mama, can you open the juice?

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Here, let me give you a hand with that.
I'm an expert.

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Mrs. Galvez,
when you went downstairs,

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you're sure you
didn't see a car?

50
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No. I didn't see no car.

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I saw a car.

52
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You did? Where?

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She was looking outside
before we went downstairs.

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I waved at Max and
then I saw a car,

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but then Mama told me
to put on my coat.

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What was the car doing?

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It was driving on the street.

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Do you know what
kind of car it was?

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It was black. It was big.
It was driving fast.

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(GAS PS)

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BRISCOE: Why don't we sit down
over here, Mrs. Lavalle.

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Right here. Come on.

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Okay.

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Mrs. Lavalle, I'm sorry I have
to ask you these things,

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but what was your husband doing
up in that neighborhood?

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Well, he takes a walk
every Sunday,

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up Third Avenue and down First.
Every week.

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Can you think of anyone who might've
wanted to hurt your husband?

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MRS. LAVALLE: No.

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Why? It was an accident,
wasn't it?

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Well, we're not sure
what happened.

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Is there anybody else in
your family we can talk to?

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Our children,
Matthew and Daniel.

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I'll get you
their phone numbers.

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He had a walking stick, with
a sterling silver handle.

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Are you sure he
had it with him?

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Yes, of course.

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And I have to get it back.

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It belonged to his father.

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Officer.

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I didn't see a walking
stick at the scene.

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Neither did I.

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Somebody got there first.

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We find the walking stick,
maybe we find a witness.

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I'll call Profaci.

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Hey!
Hi, Daddy!

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Hey, bunny!

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Hi, Lennie! Hi, Deborah.
Nice to see you.

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Here we go, sweetie.
Hey, honey.

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How was the museum?

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Serena loved
the bike collection.

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You did?
Yeah.

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We brought you Chinese food.

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With shrimp and noodles.

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My favorites!
Mine, too.

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Mommy, I have to go now.

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Where's the ladies room?

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Upstairs. I'll take her.

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No, it's okay.
Come here, Serena.

100
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Okay. Hold on.

101
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Mr. Rogers and Mr.
Jones were discussing

102
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the merits of thunderbird
versus crack,

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when Mr. Jones pulled out what
Mr. Rogers described as a silver hammer

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and hit him upside
the head with it.

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A silver hammer?

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Black stick with
a silver handle.

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(SIREN WAILING)

108
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Let's go.
He had this with him.

109
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Meet Mr. Alternator Jones.

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Alternator?
Yeah.

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Says his dad worked at the
Ford plant in Detroit.

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You gonna get me
locked up again!

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Hey!
BRISCOE: Hey! Knock it off!

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Move him down the block.

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You ain't gonna give me nothing!
Shut up!

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That cat had it coming to him!

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That's not why
you're here, Mr. Jones.

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You want to tell me
where you found this?

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It's mine.
I found it on the street.

120
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Yeah,
on Pleasant Avenue, right?

121
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Look, that old guy
was already dead.

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Yeah, we know. He got run over.
We're hoping you saw it.

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I heard it. I saw the old guy
walking across the street.

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I went around the corner and I
heard this car gun its engine.

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It accelerated?

126
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Yeah. Then...

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Then I came back
around the corner,

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and the cat was dead,
that's all.

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You see the car?

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No, man.

131
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Look, I can't see nothing
with these glasses. Look.

132
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Look, you go
down to St. Anne's.

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Father Luke will fix you up
with a new pair, all right?

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And stay out of Mr.
Rogers' neighborhood.

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Yeah. I'm gonna do that.

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Okay, bruises, one on Lavalle's thigh
and the other on the boy's chest.

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CURTIS: From a headlight rim?

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You're looking at a
Mercedes, BMW, Jaguar.

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You got pictures of these cars?

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This one.

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And that one, too.

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Okay.

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Mama, can I go play with Elena?

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Did Victim Services
get in touch with you?

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LUISA: Yes.

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And people sent
money and cards.

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People I don't know,
saying they're sorry

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and they're gonna
pray for Max and Leon.

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I want to thank them

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but some of them didn't
write down their names.

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Do you mind if we take a look?

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People have good hearts.

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TENA: Mommy!

154
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I'm sorry.

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A check for $67 and
a marriage proposal.

156
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He sent his picture.

157
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Guy must be dreaming.

158
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Give him credit for
keeping his clothes on.

159
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Hey, Lennie, look at this one.

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"Dear Mrs. Galvez,
I saw the news"

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"about your family
on television."

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"They showed your
little boy at the hospital."

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"He looked so small in his little
parka and his yellow boots."

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"I'm so sorry for all
the pain you're feeling."

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"I'm enclosing $500
to help with your needs."

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No signature.

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The kid wasn't wearing his
boots at the hospital.

168
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The boots were in the street.

169
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No return address either.
But the C-notes are real.

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Brand new. With consecutive
serial numbers.

171
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We traced the bills to
a bank in Murray Hill.

172
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They were disbursed the
same day they were mailed.

173
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Did the bank happen to know
who withdrew the money?

174
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Yeah. They narrowed it down to the
teller who did the transaction.

175
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He had two clients take
out $500 or more in cash

176
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in denominations of a hundred.

177
00:09:03,145 --> 00:09:04,146
No kidding.

178
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We have a Chinese immigrant who was
in Hong Kong the day of the accident.

179
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The bank knows
that because he made

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a cash machine
withdrawal there.

181
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The other one's
a Susan Young, 34,

182
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divorced, no kids, no car.

183
00:09:14,856 --> 00:09:16,392
But she has a driver's license.

184
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How do you want to handle her?

185
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I don't know. We drop in on
her, she's liable to shut down.

186
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Her bank has a stolen
credit card report on her.

187
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She got her purse snatched
about seven months ago.

188
00:09:25,801 --> 00:09:28,077
Good. Tell her we found it.

189
00:09:28,136 --> 00:09:31,208
And ask the bank how many
sugars she takes in her coffee.

190
00:09:32,941 --> 00:09:36,081
Talk about a surprise. I gave up
on ever getting that wallet back.

191
00:09:37,679 --> 00:09:38,919
Still want me to
look at mug shots?

192
00:09:38,980 --> 00:09:41,187
Yeah. We'll get to that.
Why don't you take a seat?

193
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Last Sunday morning
in East Harlem,

194
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three people were
killed in a hit-and-run.

195
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I saw it on the news.
It's horrible.

196
00:09:51,293 --> 00:09:54,331
You know what else is horrible?
We don't have any witnesses.

197
00:09:55,197 --> 00:09:57,268
The driver might get away
with killing those people

198
00:09:57,332 --> 00:09:58,436
'cause no one wants to talk.

199
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BRISCOE: That's kind of
like piling one horror

200
00:10:00,268 --> 00:10:01,804
on top of another.
Wouldn't you agree?

201
00:10:03,105 --> 00:10:04,106
Yes.

202
00:10:04,206 --> 00:10:07,983
Good. Now, anything you want to
tell us about this hit-and-run?

203
00:10:10,245 --> 00:10:11,315
I don't know what you mean.

204
00:10:11,413 --> 00:10:13,154
Weren't you in East Harlem,
Sunday morning?

205
00:10:13,882 --> 00:10:15,657
No. Why would you
think I was?

206
00:10:19,454 --> 00:10:21,024
The post mark is
from Murray Hill,

207
00:10:21,089 --> 00:10:22,762
about three blocks
from where you live.

208
00:10:24,659 --> 00:10:26,605
These bills trace
back to your bank.

209
00:10:26,962 --> 00:10:28,532
They were handed out
by the same teller

210
00:10:28,597 --> 00:10:30,440
on the same day
he gave you $500.

211
00:10:30,732 --> 00:10:32,973
BRISCOE: Now what do you bet
we find your prints on these

212
00:10:33,068 --> 00:10:35,947
and your DNA on
the stamp you licked?

213
00:10:38,140 --> 00:10:42,350
I felt sorry for that woman.
I wanted to help anonymously.

214
00:10:42,410 --> 00:10:44,048
Then why didn't you
come out and say so?

215
00:10:44,112 --> 00:10:45,819
You wrote that you
saw the little boy

216
00:10:45,881 --> 00:10:47,554
at the hospital
with his boots on.

217
00:10:47,749 --> 00:10:48,955
Where did you see that?

218
00:10:49,551 --> 00:10:50,689
On the news.

219
00:10:50,752 --> 00:10:52,527
He didn't have his
boots at the hospital.

220
00:10:53,288 --> 00:10:55,268
Maybe I read it. I don't remember.
CURTIS: You're lying.

221
00:10:55,424 --> 00:10:57,260
You lieng,
you were there at the accident.

222
00:10:57,359 --> 00:10:58,861
No. BRISCOE: Why are
you covering up?

223
00:10:58,927 --> 00:11:00,531
What are you afraid of?
Nothing.

224
00:11:00,595 --> 00:11:01,665
I have to get back to work.

225
00:11:01,730 --> 00:11:02,765
Wait a minute.
Wait a minute.

226
00:11:03,031 --> 00:11:06,069
What's this bruise here? That looks
like it could be from a seat belt.

227
00:11:06,168 --> 00:11:07,169
No. I fell.

228
00:11:07,235 --> 00:11:08,805
You were in the car, weren't you?
No.

229
00:11:08,870 --> 00:11:11,214
You might not have been driving,
but you were in the damn car.

230
00:11:11,273 --> 00:11:13,150
That's crazy. Now, please...
Look at this!

231
00:11:14,376 --> 00:11:16,322
That's a picture of the
little boy in the morgue.

232
00:11:16,444 --> 00:11:20,586
Take a look. Look at what happened to him.
Look at it, damn you!

233
00:11:20,982 --> 00:11:21,983
(GROANS)

234
00:11:28,023 --> 00:11:30,003
That's one way to get
her to spill her guts.

235
00:11:30,792 --> 00:11:31,998
She knows who was driving.

236
00:11:32,093 --> 00:11:35,131
And unless she wants to tell us,
we can't force it out of her.

237
00:11:36,531 --> 00:11:37,532
I want to leave now.

238
00:11:37,599 --> 00:11:38,634
You're sure?

239
00:11:39,634 --> 00:11:42,171
Please, I don't know anything.
I wasn't there.

240
00:11:46,608 --> 00:11:48,144
Her bruise is on
the right side.

241
00:11:48,210 --> 00:11:49,689
That puts her in
the passenger seat.

242
00:11:50,212 --> 00:11:51,850
She have any connection
to the Lavalle family?

243
00:11:51,913 --> 00:11:55,759
They never heard of her. By the way,
both the Lavalle kids are alibied.

244
00:11:55,817 --> 00:11:57,353
CURTIS: We checked her IUDs
for the last month,

245
00:11:57,652 --> 00:11:59,859
nothing jumps out
that traces to the Lavalles.

246
00:12:00,488 --> 00:12:02,126
So it could be
just an accident.

247
00:12:04,192 --> 00:12:06,604
Three people run down? To you
that's just an accident?

248
00:12:07,262 --> 00:12:10,471
Can't we put some paper on
Ms. Young and force her to talk?

249
00:12:10,532 --> 00:12:12,978
We subpoena her to the grand
jury, she'll ask for immunity.

250
00:12:13,235 --> 00:12:14,680
JACK: Until we know
how she's involved,

251
00:12:14,736 --> 00:12:16,113
I don't want to give it to her.

252
00:12:16,406 --> 00:12:18,545
If you keep the pressure up,
you think she'll come around?

253
00:12:18,908 --> 00:12:21,013
We'll lean on her
just as hard as you let us.

254
00:12:23,546 --> 00:12:25,116
You sure she didn't
come in the back door?

255
00:12:25,214 --> 00:12:28,058
Maybe she hit a shoe sale on her
way back from work. I don't know.

256
00:12:28,517 --> 00:12:29,723
Thanks.

257
00:12:33,422 --> 00:12:35,459
Hey, why don't we grab
some food and come back?

258
00:12:35,524 --> 00:12:36,764
No. Let's give it
another 10 minutes.

259
00:12:36,826 --> 00:12:39,238
I want her to see us
when she gets here.

260
00:12:39,662 --> 00:12:41,642
You know, I got in touch
with Mrs. Galvez yesterday?

261
00:12:42,064 --> 00:12:43,771
She has to move in
with her mother.

262
00:12:43,833 --> 00:12:45,471
She can't manage
without her husband.

263
00:12:47,603 --> 00:12:50,846
You know what you do, Rey? Grab all
the life insurance you can afford.

264
00:12:51,140 --> 00:12:53,279
Davey says you're
waiting for Ms. Young?

265
00:12:53,342 --> 00:12:54,912
She left last night
with a suitcase.

266
00:12:54,977 --> 00:12:56,615
Said she'd be gone
for a couple of weeks.

267
00:12:56,679 --> 00:12:57,817
Did she say where?

268
00:12:57,880 --> 00:13:01,191
No. Sometimes she stays at her
boyfriend's when he's out of town.

269
00:13:01,617 --> 00:13:03,187
Where does he live?
I wouldn't know.

270
00:13:03,252 --> 00:13:04,322
Name?

271
00:13:04,387 --> 00:13:05,422
I wouldn't know that either.

272
00:13:07,089 --> 00:13:09,535
Her office says she's at
her sister's in Groton.

273
00:13:10,159 --> 00:13:12,105
Her boyfriend who travels?

274
00:13:12,161 --> 00:13:14,163
Look at her IUDs for the week
before the accident.

275
00:13:14,597 --> 00:13:16,508
See these calls
to Rio de Janeiro?

276
00:13:16,632 --> 00:13:18,543
Every night.
Minimum of 20 minutes.

277
00:13:18,868 --> 00:13:20,211
Expensive heavy breathing.

278
00:13:20,303 --> 00:13:22,305
Last call was made
Saturday afternoon.

279
00:13:22,371 --> 00:13:24,351
So the boyfriend
flew back Sunday.

280
00:13:24,707 --> 00:13:26,448
The accident was
near the Triborough.

281
00:13:26,842 --> 00:13:28,082
So if they were
coming from the airport,

282
00:13:28,210 --> 00:13:29,450
they might've
crossed the bridge.

283
00:13:29,512 --> 00:13:31,890
What? She picked him up?
She doesn't have a car.

284
00:13:31,981 --> 00:13:33,483
Maybe he does.

285
00:13:35,919 --> 00:13:39,332
The new-guy shift, Saturday 10:00 p.m.
to Sunday 6:00.

286
00:13:40,657 --> 00:13:42,933
Really cuts into my booty time.

287
00:13:44,127 --> 00:13:46,539
Two weeks ago Sunday,
the flight from Rio.

288
00:13:46,730 --> 00:13:48,334
You remember her
with one of the passengers?

289
00:13:48,899 --> 00:13:50,401
Yeah, sure.

290
00:13:50,734 --> 00:13:53,476
Yeah? 30,000 people later,
you remember her.

291
00:13:53,537 --> 00:13:55,813
I remember the belligerent
fool she was with.

292
00:13:56,073 --> 00:13:57,950
Kept lighting up in
the no-smoke zone.

293
00:13:58,041 --> 00:13:59,247
You talked to him?

294
00:13:59,309 --> 00:14:01,050
I talked, he yelled.

295
00:14:01,411 --> 00:14:03,584
Customs was ready to take
him for a cavity search

296
00:14:03,647 --> 00:14:04,955
'cause he pissed them off.

297
00:14:05,215 --> 00:14:06,785
Gave his lady a hard time, too.

298
00:14:07,150 --> 00:14:08,857
What was his problem?

299
00:14:08,985 --> 00:14:10,692
You could smell
his problem, scotch.

300
00:14:11,221 --> 00:14:12,495
CURTIS: So he was drunk?

301
00:14:12,556 --> 00:14:13,796
Unless he uses
the stuff for cologne.

302
00:14:14,058 --> 00:14:15,662
CURTIS: You remember
his name?

303
00:14:15,726 --> 00:14:17,000
I wrote him up in my report.

304
00:14:18,495 --> 00:14:20,270
BRISCOE: His name's
Bernard Dressier.

305
00:14:20,331 --> 00:14:23,175
His credit card company confirms
he was at the hotel in Rio.

306
00:14:23,501 --> 00:14:25,981
Damn! It ate my quarter.

307
00:14:28,873 --> 00:14:30,546
His name's also on Young's IUDs

308
00:14:30,608 --> 00:14:32,246
the whole month
before the accident.

309
00:14:32,310 --> 00:14:33,846
Now she hasn't
called him since.

310
00:14:33,945 --> 00:14:35,925
Look. Downtown is
sweating my budget,

311
00:14:35,980 --> 00:14:38,426
their way of saying how much
they appreciate my lawsuit.

312
00:14:38,750 --> 00:14:41,390
So solve this quick
or hand it off to AIU.

313
00:14:41,652 --> 00:14:45,498
Hey, I ran Dressier through
DMV, he owns a black' 92 Jag.

314
00:14:45,890 --> 00:14:47,631
Consistent with
the bruises on the bodies.

315
00:14:47,725 --> 00:14:51,468
And get this, he has two moving
violations and a DWI from last year.

316
00:14:51,529 --> 00:14:55,272
Six months probation, 12 hours
drunk school and no suspension?

317
00:14:55,333 --> 00:14:56,505
Must've had some lawyer.

318
00:14:56,567 --> 00:14:58,945
He better hope his
lawyer hasn't retired.

319
00:15:01,907 --> 00:15:04,513
I had a couple of drinks, then I
went to sleep. I wasn't drunk.

320
00:15:04,943 --> 00:15:07,287
BRISCOE: Airport security
said you were quite a handful.

321
00:15:07,346 --> 00:15:10,088
You do 11 hours on a plane
and see how chipper you feel.

322
00:15:10,315 --> 00:15:13,922
Dena, get me David Feist in Bonn.
Try the home number first.

323
00:15:14,219 --> 00:15:15,493
How'd you get home
from the airport?

324
00:15:15,554 --> 00:15:16,794
Cab. Why?

325
00:15:17,156 --> 00:15:18,362
You know Susan Young?

326
00:15:18,423 --> 00:15:19,458
What's she have
to do with this?

327
00:15:19,525 --> 00:15:20,765
CURTIS: She picked you up
from the airport, right?

328
00:15:20,826 --> 00:15:21,861
No.

329
00:15:21,960 --> 00:15:23,439
Somebody saw you with her.

330
00:15:23,495 --> 00:15:24,940
With a blond, it wasn't Susan.

331
00:15:25,631 --> 00:15:28,271
You want to stand still for a minute.
So who was the blond?

332
00:15:28,700 --> 00:15:34,173
It was another passenger, somebody
wanting to split cab fare to Islip.

333
00:15:34,273 --> 00:15:36,184
Tell me. Really.
This isn't about me

334
00:15:36,242 --> 00:15:38,119
causing a disturbance
at the airport, is it?

335
00:15:38,344 --> 00:15:40,381
That Sunday morning,
three pedestrians

336
00:15:40,446 --> 00:15:42,426
were killed by
a hit-and-run driver.

337
00:15:42,748 --> 00:15:44,625
We think Ms. Young had
something to do with it.

338
00:15:44,684 --> 00:15:46,459
That's not possible.

339
00:15:46,519 --> 00:15:47,862
BRISCOE: Have you
talked to her lately?

340
00:15:48,354 --> 00:15:51,267
No. Things were cooling off
before I went to Rio

341
00:15:51,324 --> 00:15:52,632
and we haven't connected since.

342
00:15:52,725 --> 00:15:53,602
You still own a Jaguar?

343
00:15:54,060 --> 00:15:55,061
Yeah.

344
00:15:55,128 --> 00:15:56,630
You still drinking and driving?

345
00:15:57,964 --> 00:15:59,568
That's very funny.
I learned my lesson.

346
00:15:59,632 --> 00:16:00,804
BRISCOE: Good for you.

347
00:16:01,367 --> 00:16:04,177
So, would you mind if we had
our lab check your car?

348
00:16:04,337 --> 00:16:05,611
(CHUCKLES)

349
00:16:05,672 --> 00:16:06,912
If I said no?

350
00:16:06,973 --> 00:16:08,316
We find a judge to say yes.

351
00:16:09,109 --> 00:16:13,614
Okay, but I'm calling
my lawyer.

352
00:16:15,215 --> 00:16:16,455
Dena will show you
where it's parked.

353
00:16:16,516 --> 00:16:18,359
And if you scratch it,
you fix it.

354
00:16:21,388 --> 00:16:23,561
A car hits a body, something from
that body's gonna get sucked

355
00:16:23,624 --> 00:16:26,662
into the engine compartment.
Hair, skin, fiber, blood.

356
00:16:26,894 --> 00:16:28,032
There's nothing like that here.

357
00:16:28,095 --> 00:16:29,165
You sure this is his car?

358
00:16:29,463 --> 00:16:31,875
The VIN numbers from the dash,
the frame and the engine block

359
00:16:31,932 --> 00:16:33,741
all match his registration.

360
00:16:33,801 --> 00:16:36,509
Also didn't find any damage
or any evidence it had work.

361
00:16:36,670 --> 00:16:38,946
That's too bad. I was looking
forward to hooking up this guy.

362
00:16:39,006 --> 00:16:42,954
MAN: Fred,
I checked the fourth VIN tag.

363
00:16:43,911 --> 00:16:45,356
FRED: Everybody thinks
there's just three,

364
00:16:45,412 --> 00:16:47,551
only the manufacturer knows
where the fourth one is,

365
00:16:47,681 --> 00:16:48,887
and they only tell the FBI.

366
00:16:48,949 --> 00:16:50,121
It's different on every model.

367
00:16:50,184 --> 00:16:51,424
This one's on the inside
of the floor pan.

368
00:16:51,485 --> 00:16:53,829
I had to drill a hole and use
a dentist's mirror to see it.

369
00:16:53,888 --> 00:16:55,196
And it doesn't match
the other three.

370
00:16:55,256 --> 00:16:56,496
So this isn't his car?

371
00:16:56,557 --> 00:16:59,299
Same model, same year, same color.
It's not his.

372
00:16:59,827 --> 00:17:02,398
He probably got this one from a
dealer and switched the VIN tags.

373
00:17:02,696 --> 00:17:05,040
Any way to tell who had
this car before Dressier?

374
00:17:09,504 --> 00:17:12,417
Yes. We have a car with that VIN number.
It's a '92 Jag.

375
00:17:12,640 --> 00:17:14,051
It hasn't been sold?

376
00:17:14,108 --> 00:17:15,178
No.

377
00:17:16,278 --> 00:17:19,885
Not even to a Bernard Dressier?

378
00:17:20,916 --> 00:17:22,020
No.

379
00:17:22,584 --> 00:17:24,791
So, the car is here?

380
00:17:26,655 --> 00:17:28,191
All these cars have
been cleared for export.

381
00:17:28,256 --> 00:17:29,735
I mean,
they're fully documented.

382
00:17:29,891 --> 00:17:32,428
Big market for used
Jaguars in Russia?

383
00:17:32,961 --> 00:17:34,770
Used everything.
The VIN numbers match.

384
00:17:36,498 --> 00:17:38,307
The right fender's new.

385
00:17:38,367 --> 00:17:40,870
The grille's new. The paint's new.
Bumper's been replaced.

386
00:17:41,337 --> 00:17:42,907
Right spoiler bracket's bent.

387
00:17:42,971 --> 00:17:44,245
This is your killer, gentlemen.

388
00:17:44,673 --> 00:17:47,415
Time to come clean,
Mr. Pettijohn.

389
00:17:47,476 --> 00:17:49,387
Did you trade cars
with Bernie Dressier?

390
00:17:49,645 --> 00:17:52,091
His bank issues me
letters of credit, okay?

391
00:17:52,147 --> 00:17:53,490
Without them,
I'm out of business.

392
00:17:54,016 --> 00:17:55,427
You're out of business now.

393
00:17:57,686 --> 00:17:58,756
You want to step
away from the desk?

394
00:17:58,821 --> 00:17:59,856
What's going on?

395
00:17:59,922 --> 00:18:02,528
Your car came back from
Russia, Bernie, with love.

396
00:18:02,591 --> 00:18:03,899
Bernard Dressier,
you're under arrest

397
00:18:03,959 --> 00:18:06,439
for the deaths of Peter Lavalle,
and Leon and Max Galvez.

398
00:18:06,829 --> 00:18:08,900
Wait. Get away from me.
Hey! Get off me...

399
00:18:08,964 --> 00:18:10,773
Take it easy, Bernie!
Hey! Let me go!

400
00:18:10,833 --> 00:18:12,107
I said give it up!

401
00:18:12,369 --> 00:18:14,315
You bastards. CURTIS: You have
the right to remain silent.

402
00:18:14,370 --> 00:18:15,906
You stupid bastards!
Anything you say can

403
00:18:15,972 --> 00:18:18,043
and will be used against you
in a court of law.

404
00:18:18,411 --> 00:18:20,891
$1 million for
vehicular manslaughter two?

405
00:18:20,947 --> 00:18:22,221
These are "D" felonies,
Your Honor.

406
00:18:22,281 --> 00:18:23,521
Their case is
nothing but fumes.

407
00:18:23,583 --> 00:18:25,256
There's no evidence
my client was at the scene.

408
00:18:25,451 --> 00:18:26,794
There's evidence his car was.

409
00:18:26,853 --> 00:18:28,161
A bent fender bracket?

410
00:18:28,221 --> 00:18:29,564
They want to put
three bodies on my guy,

411
00:18:29,622 --> 00:18:30,930
they'll have to do
better than that.

412
00:18:30,990 --> 00:18:34,164
I don't want your client
joining his car in Russia.

413
00:18:34,727 --> 00:18:36,638
Bail's set at $1 million.

414
00:18:38,999 --> 00:18:41,809
A million bucks. He must
like the cut of your skirt.

415
00:18:42,169 --> 00:18:44,046
From what I hear,
he'd prefer yours.

416
00:18:44,304 --> 00:18:47,444
CLERK: "Docket number 026797."

417
00:18:47,508 --> 00:18:50,421
Don't smile yet. It's the
work-up of Dressler's car.

418
00:18:50,878 --> 00:18:52,357
There's no physical
evidence of the victims.

419
00:18:52,413 --> 00:18:54,825
The car had been steam-cleaned
bumper-to-bumper.

420
00:18:54,882 --> 00:18:56,225
What about
Dressler's girlfriend?

421
00:18:56,283 --> 00:18:57,591
Wasn't she with
him at the airport?

422
00:18:57,684 --> 00:18:58,924
That ID is soft.

423
00:18:58,986 --> 00:19:00,897
The police showed the guard
another picture of Young,

424
00:19:00,954 --> 00:19:02,399
he wasn't so sure.

425
00:19:02,689 --> 00:19:05,135
So find somebody else
who saw them together.

426
00:19:05,392 --> 00:19:07,065
Another passenger on the plane.

427
00:19:07,428 --> 00:19:09,066
I'll subpoena the manifest.

428
00:19:09,496 --> 00:19:11,840
The airline refuses to
comply with our subpoena.

429
00:19:11,999 --> 00:19:13,740
They're saying
the Warsaw Convention

430
00:19:13,801 --> 00:19:15,474
protects them from
actions by state courts.

431
00:19:15,803 --> 00:19:18,010
They poured the booze
that got Dressier drunk.

432
00:19:18,172 --> 00:19:19,617
They're afraid of getting sued.

433
00:19:19,873 --> 00:19:21,784
They're right about
the Warsaw Convention.

434
00:19:21,942 --> 00:19:23,216
The only place we
can bring process

435
00:19:23,343 --> 00:19:24,651
against them is
in federal court.

436
00:19:24,978 --> 00:19:26,787
Then go ahead, do it.
I did.

437
00:19:27,047 --> 00:19:29,391
The US Attorney doesn't think
a couple of "D" felonies

438
00:19:29,449 --> 00:19:30,826
warrant their attention.

439
00:19:31,185 --> 00:19:32,357
The airlines has offices here?

440
00:19:32,419 --> 00:19:33,557
Three.

441
00:19:34,054 --> 00:19:36,364
They won't honor our subpoenas,

442
00:19:38,092 --> 00:19:39,901
seize their furniture,
computers,

443
00:19:39,961 --> 00:19:41,736
whatever you can
lay your hands on.

444
00:19:41,796 --> 00:19:43,434
Smack them around.

445
00:19:47,735 --> 00:19:51,877
They shut down our ticket offices. They
took files, they took computer disks.

446
00:19:51,973 --> 00:19:53,452
You can't imagine our losses.

447
00:19:53,508 --> 00:19:55,681
We served them with a subpoena
for a flight manifest.

448
00:19:55,743 --> 00:19:58,781
They refused to honor it. A search
warrant's our only recourse.

449
00:19:58,847 --> 00:20:00,019
Mr. Fischer,

450
00:20:00,081 --> 00:20:02,391
why doesn't VIA airlines simply
give them what they want?

451
00:20:02,450 --> 00:20:04,157
Judge Feldman,
according to the terms

452
00:20:04,219 --> 00:20:06,165
of the Warsaw Convention,
we don't have to.

453
00:20:06,254 --> 00:20:09,599
The spirit of the convention is to
limit liability in civil suits.

454
00:20:09,657 --> 00:20:12,228
It's not meant as a shield
in criminal investigations.

455
00:20:12,293 --> 00:20:14,500
Lawsuits are exactly
what we're trying to limit.

456
00:20:14,562 --> 00:20:17,543
The search warrants are valid on their face.
I see no reason to void them.

457
00:20:17,599 --> 00:20:18,600
Your Honor, I...

458
00:20:18,700 --> 00:20:20,611
Either you comply
with their subpoena,

459
00:20:20,668 --> 00:20:22,648
or lawsuits will be
the least of your worries.

460
00:20:26,608 --> 00:20:29,487
The manifest will be on Mr. McCoy's
fax machine in an hour.

461
00:20:30,078 --> 00:20:31,989
Thank you. Thank you.

462
00:20:33,582 --> 00:20:35,084
JUDGE FELDMAN:
Oh, Mr. McCoy,

463
00:20:39,988 --> 00:20:41,160
you know, it's not an accident

464
00:20:41,223 --> 00:20:43,396
that this case
was assigned to me.

465
00:20:43,692 --> 00:20:46,605
I believe drunk driving to
be a plague on our society.

466
00:20:47,462 --> 00:20:49,464
If you hit any snags,
you let me know.

467
00:20:54,637 --> 00:20:56,639
Sounds like the makings
of a stump speech.

468
00:20:56,705 --> 00:20:59,447
It is. He's planning a run
for Adam's job next spring.

469
00:20:59,642 --> 00:21:01,747
And drunk driving is
the cause he's embracing?

470
00:21:01,810 --> 00:21:03,346
It's not world peace.

471
00:21:04,013 --> 00:21:06,391
Shouldn't Dressler's lawyer
know about Feldman's bias?

472
00:21:06,916 --> 00:21:08,486
I'm not gonna tell him.

473
00:21:09,752 --> 00:21:12,824
Come on, Jamie, a judge with an
agenda, this is news to you?

474
00:21:19,194 --> 00:21:23,142
Dressier, yeah. That loudmouth,
he complained about the food,

475
00:21:23,198 --> 00:21:25,075
the wine selection,
the service.

476
00:21:25,434 --> 00:21:27,573
What did he think it was,
Lutece up there?

477
00:21:27,636 --> 00:21:29,013
Do you know how much he drank?

478
00:21:29,605 --> 00:21:31,983
No. But every time I looked over,
he had a drink in his hand.

479
00:21:32,308 --> 00:21:33,378
BRISCOE: And?

480
00:21:33,743 --> 00:21:37,384
Yeah, that's her. Yeah. I saw
them leave the terminal together.

481
00:21:37,547 --> 00:21:38,651
Why did you notice them?

482
00:21:38,715 --> 00:21:39,785
It was hard not to.

483
00:21:40,617 --> 00:21:42,790
That poor woman,
he was bellowing

484
00:21:42,852 --> 00:21:44,957
and gesticulating at her.
A real bully.

485
00:21:45,956 --> 00:21:46,991
Thank you for coming in.

486
00:21:47,057 --> 00:21:48,058
BRISCOE: Thanks.

487
00:21:50,293 --> 00:21:53,399
Okay. That's three passengers
who saw them together.

488
00:21:53,463 --> 00:21:54,806
What about flight attendants?

489
00:21:54,864 --> 00:21:57,242
Two in first class. They're
both in South America.

490
00:21:57,300 --> 00:21:59,576
The airline will let us know
next time they're in town.

491
00:22:00,437 --> 00:22:01,882
How about Ms. Young?

492
00:22:02,405 --> 00:22:03,941
I didn't go out all morning.

493
00:22:04,407 --> 00:22:06,318
I don't know how Bernie got
home from the airport.

494
00:22:07,143 --> 00:22:08,816
Three people saw you with him.

495
00:22:09,312 --> 00:22:11,656
Look, you're here under a
material witness warrant.

496
00:22:11,715 --> 00:22:14,127
That means we keep you
until you cooperate.

497
00:22:14,351 --> 00:22:17,662
You'll be in the tombs with
crack addicts and prostitutes

498
00:22:17,787 --> 00:22:19,061
for as long as it takes.

499
00:22:19,122 --> 00:22:21,796
It gets worse. We can place you
and Mr. Dressier in the car.

500
00:22:22,692 --> 00:22:24,501
I don't care which
one of you was driving.

501
00:22:24,661 --> 00:22:27,369
This is a triple homicide and
somebody's going to pay for it.

502
00:22:28,098 --> 00:22:29,873
We can give you protection,
Ms. Young.

503
00:22:30,033 --> 00:22:32,513
Once he's convicted and sent
to prison, he can't hurt you.

504
00:22:32,737 --> 00:22:34,580
What if he doesn't
go to prison?

505
00:22:35,306 --> 00:22:37,616
He's gotten off before,
in Massachusetts.

506
00:22:37,775 --> 00:22:40,187
He hit a teenage girl.
He told me.

507
00:22:41,078 --> 00:22:43,820
You get us the evidence,
this time he goes to jail.

508
00:22:43,881 --> 00:22:47,021
Look, as bad as you feel
about that little boy,

509
00:22:47,818 --> 00:22:50,321
how you gonna feel the next
time he kills somebody?

510
00:22:56,261 --> 00:22:57,672
(SIGHS)

511
00:22:58,063 --> 00:23:01,806
I wasn't home one night when
Bernie called me from Rio.

512
00:23:04,336 --> 00:23:09,217
He thought I was with someone else.
He was furious.

513
00:23:10,676 --> 00:23:13,316
As soon as he saw me at the
airport, he started ranting.

514
00:23:13,378 --> 00:23:15,153
He grabbed the keys.

515
00:23:16,648 --> 00:23:17,922
(SIGHS)

516
00:23:18,717 --> 00:23:21,630
He yelled at me the whole
way into the city.

517
00:23:25,057 --> 00:23:27,936
He said if he found out who
I was with, he'd kill them.

518
00:23:28,527 --> 00:23:32,339
He didn't think I believed him.
Then we saw the old man.

519
00:23:35,500 --> 00:23:38,174
I yelled at Bernie to stop.

520
00:23:42,874 --> 00:23:45,252
But he sped up right into him.

521
00:23:45,510 --> 00:23:47,387
He killed Mr. Lavalle
on purpose?

522
00:23:49,581 --> 00:23:51,925
I don't know,
I can't imagine...

523
00:23:53,185 --> 00:23:54,528
What about the other two?

524
00:23:57,155 --> 00:24:00,034
The little boy,

525
00:24:00,092 --> 00:24:03,164
his father stepped into the
street and waved at us to stop.

526
00:24:04,362 --> 00:24:06,399
Bernie didn't even
try to miss them.

527
00:24:08,667 --> 00:24:10,340
How drunk was he?

528
00:24:11,703 --> 00:24:14,741
I don't know.
I can never tell with Bernie.

529
00:24:17,342 --> 00:24:19,185
I never know what
he's going to do.

530
00:24:21,280 --> 00:24:23,590
Dressier keeps a country
house in East Lenox.

531
00:24:23,683 --> 00:24:25,424
He ran a red light
there two years ago,

532
00:24:25,485 --> 00:24:27,158
hit a little girl on a bicycle.

533
00:24:27,587 --> 00:24:29,396
She spent eight
months in the hospital.

534
00:24:29,922 --> 00:24:31,424
JACK: Why didn't
the police know?

535
00:24:31,491 --> 00:24:32,936
ROSS: It's not
on his record here.

536
00:24:33,493 --> 00:24:37,134
He has two driver's licenses, one in
New York and one in Massachusetts.

537
00:24:37,730 --> 00:24:39,266
The judge there
suspended his license

538
00:24:39,332 --> 00:24:40,936
for five years
because of the accident.

539
00:24:41,401 --> 00:24:43,847
Which automatically suspends
his driving privileges here.

540
00:24:43,903 --> 00:24:47,077
That ups the charge to first
degree vehicular manslaughter.

541
00:24:47,206 --> 00:24:50,779
Not enough. We're gonna make
an example of Mr. Dressier.

542
00:24:51,511 --> 00:24:53,013
JACK: What do you
have in mind?

543
00:24:53,079 --> 00:24:54,649
This was a multiple killing.

544
00:24:55,815 --> 00:24:57,021
First degree murder.

545
00:24:59,285 --> 00:25:00,992
Murder one requires intent.

546
00:25:02,021 --> 00:25:03,830
JACK: He accelerated
into one victim.

547
00:25:06,459 --> 00:25:11,431
He made no effort to avoid two others.
That's intent.

548
00:25:11,764 --> 00:25:13,038
Not if he was drunk.

549
00:25:13,099 --> 00:25:15,340
Maybe he meant to hit the
brakes instead of the gas?

550
00:25:15,535 --> 00:25:17,776
A couple of drinks
don't negate intent.

551
00:25:17,837 --> 00:25:19,248
But we don't know
how much he had to drink.

552
00:25:19,305 --> 00:25:21,945
If we don't know,
the grand jury won't either.

553
00:25:22,175 --> 00:25:23,176
But at trial the...

554
00:25:23,243 --> 00:25:25,985
ADAM: Get an indictment.
Scare the pants off him.

555
00:25:27,081 --> 00:25:31,188
Maybe he pleads to murder two.
We've sent a message.

556
00:25:38,191 --> 00:25:42,298
First Feldman, now Adam. The
bandwagon's getting crowded.

557
00:25:43,263 --> 00:25:46,335
I agree with Adam. And I'm
not running for anything.

558
00:25:50,304 --> 00:25:53,114
Murder one? Where the hell
is this murder one? Iran?

559
00:25:53,173 --> 00:25:55,084
Try section seven
sub-section one,

560
00:25:55,142 --> 00:25:57,019
paragraph eight of the statute.

561
00:25:58,011 --> 00:25:59,490
He took three
lives with intent.

562
00:25:59,546 --> 00:26:01,048
He wasn't even in the car.

563
00:26:01,114 --> 00:26:02,559
Not according to
his girlfriend.

564
00:26:02,616 --> 00:26:04,892
What, that bitch? How do you
know she wasn't driving?

565
00:26:05,218 --> 00:26:07,630
We believe her.
We don't believe you.

566
00:26:07,721 --> 00:26:10,167
I still don't see
an intentional murder.

567
00:26:10,824 --> 00:26:13,634
Two witnesses saw him
accelerate into Mr. Lavalle.

568
00:26:14,095 --> 00:26:17,599
Given your client's driving record,
here and in Massachusetts,

569
00:26:17,998 --> 00:26:20,535
a jury's not going to
split hairs over intent.

570
00:26:20,601 --> 00:26:24,276
This is nuts. You want to
give me the death penalty?

571
00:26:24,939 --> 00:26:27,783
JACK: Unless you plead
to second degree murder.

572
00:26:28,642 --> 00:26:29,712
What's that?

573
00:26:30,177 --> 00:26:32,214
Twenty-five-to-life.

574
00:26:32,680 --> 00:26:34,125
God.
Bernie.

575
00:26:40,389 --> 00:26:41,527
(EXHALES)

576
00:26:41,690 --> 00:26:43,692
Didn't any of your witnesses
tell you he was drunk?

577
00:26:43,892 --> 00:26:46,600
They saw him with a drink. Doesn't
make him legally intoxicated.

578
00:26:46,661 --> 00:26:48,868
The flight attendant who served
him knows how much he had.

579
00:26:48,997 --> 00:26:50,237
I stopped counting at 12.

580
00:26:50,298 --> 00:26:51,641
Puts him well
over the legal limit

581
00:26:51,700 --> 00:26:53,509
and well beyond
the ability to form intent.

582
00:26:53,902 --> 00:26:56,712
Even if he was driving, we're
back to vehicular manslaughter.

583
00:26:59,174 --> 00:27:00,448
There's nothing in Westlaw.

584
00:27:00,542 --> 00:27:03,022
If it was two or three drinks,
we could still argue intent,

585
00:27:03,078 --> 00:27:05,058
but 12...
According to him.

586
00:27:05,280 --> 00:27:06,691
If he can prove it,
he's off the hook.

587
00:27:06,748 --> 00:27:08,955
He kills three people
and hides behind a bottle.

588
00:27:09,284 --> 00:27:10,922
The law says he can.

589
00:27:11,019 --> 00:27:13,659
The law. Probably written
on a cocktail napkin.

590
00:27:13,789 --> 00:27:15,666
Intent follows the bullet.
It shouldn't matter

591
00:27:15,724 --> 00:27:18,102
if it was fired by
a drunk or by Carry Nation.

592
00:27:18,693 --> 00:27:20,229
The airline's lawyer called.

593
00:27:20,295 --> 00:27:22,206
Dressler's flight attendant's
coming in tonight.

594
00:27:24,333 --> 00:27:26,711
I served Mr. Dressier
fifteen drinks.

595
00:27:27,303 --> 00:27:29,078
We ran out of
scotch in first class

596
00:27:29,138 --> 00:27:30,879
so I took some
bottles from coach.

597
00:27:31,607 --> 00:27:33,109
JACK: How was he behaving?

598
00:27:33,176 --> 00:27:34,655
He was difficult.

599
00:27:35,311 --> 00:27:36,813
Was he drunk?

600
00:27:37,146 --> 00:27:39,285
He wasn't climbing
on the beverage cart.

601
00:27:39,348 --> 00:27:42,557
But he slurred his words,
spilled a drink on himself.

602
00:27:43,553 --> 00:27:46,591
I had to fill out his Customs
declaration for him.

603
00:27:46,923 --> 00:27:48,527
He couldn't even sign his name.

604
00:27:49,159 --> 00:27:51,196
Thank you, Ms. Barra.

605
00:27:51,261 --> 00:27:53,639
Mr. Fischer, can we have
a word with you outside?

606
00:27:54,531 --> 00:27:57,478
We want fair warning
before she testifies.

607
00:27:57,734 --> 00:28:00,180
This case is already front
page of the Daily News.

608
00:28:00,404 --> 00:28:03,647
I appreciate Ms. Barra's testimony
might prove embarrassing.

609
00:28:04,208 --> 00:28:06,654
I see here she's
a Colombian national.

610
00:28:06,710 --> 00:28:09,657
You realize, as long as she
doesn't return to this country,

611
00:28:09,713 --> 00:28:11,090
she can't be
compelled to testify.

612
00:28:11,148 --> 00:28:12,491
The District
Attorney's authority

613
00:28:12,549 --> 00:28:14,495
doesn't extend to
foreign citizens abroad.

614
00:28:19,456 --> 00:28:20,628
What the hell are you doing?

615
00:28:21,191 --> 00:28:22,693
You don't want Dressier to
prove how drunk he was,

616
00:28:22,759 --> 00:28:24,363
so you're telling a witness
to leave the country?

617
00:28:24,428 --> 00:28:26,237
Don't worry about it.

618
00:28:28,465 --> 00:28:30,172
The airline's giving
me the run-around.

619
00:28:30,233 --> 00:28:31,507
They said she's been reassigned

620
00:28:31,568 --> 00:28:33,377
to the
Bogota-Buenos Aires route.

621
00:28:33,437 --> 00:28:34,780
Why tell me?
I know you talked to her.

622
00:28:34,838 --> 00:28:35,873
Did you take a statement?

623
00:28:35,939 --> 00:28:37,885
I've complied
with Rosario, Brady

624
00:28:37,941 --> 00:28:39,978
and all relevant
discovery procedures.

625
00:28:40,177 --> 00:28:42,817
Whatever she said, if she
said it, is not discoverable.

626
00:28:42,880 --> 00:28:45,224
I don't know what
you're up to, McCoy,

627
00:28:45,682 --> 00:28:47,662
but I'm gonna compel you
to turn over her statement.

628
00:28:47,818 --> 00:28:49,798
Knock yourself out.

629
00:28:50,822 --> 00:28:53,393
Ms. Barra's a witness. If she
gave Mr. McCoy a statement,

630
00:28:53,458 --> 00:28:54,801
I'm entitled to it.

631
00:28:55,326 --> 00:28:56,430
She's not our witness.

632
00:28:56,494 --> 00:28:59,168
If Mr. Billings wants her to be
his witness, he can subpoena her.

633
00:28:59,631 --> 00:29:00,974
BILLINGS: Beside the point.

634
00:29:01,032 --> 00:29:04,070
I believe Mr. McCoy has a statement
that exculpates my client.

635
00:29:04,202 --> 00:29:05,647
JACK: I don't believe
it does, Your Honor.

636
00:29:05,837 --> 00:29:09,307
Mr. McCoy, do you have
her statement in writing?

637
00:29:09,374 --> 00:29:11,183
Yes.
May I see it, please?

638
00:29:16,347 --> 00:29:17,758
Thank you.

639
00:29:18,483 --> 00:29:19,985
(CLEARING THROAT)

640
00:29:26,257 --> 00:29:27,759
I don't see anything here,
Mr. Billings.

641
00:29:28,493 --> 00:29:30,336
I'd like to see it, Your Honor.
I already have.

642
00:29:30,829 --> 00:29:33,833
I've made my ruling. Your
motion to compel is denied.

643
00:29:35,934 --> 00:29:38,574
She told us he drank enough
booze to float the Queen Mary.

644
00:29:38,636 --> 00:29:40,013
Her statement is exculpatory.

645
00:29:40,071 --> 00:29:41,277
Only if Feldman says it is.

646
00:29:41,339 --> 00:29:43,979
Jack, I know his agenda.
What's yours?

647
00:29:44,075 --> 00:29:47,113
The maximum penalty for first
degree vehicular manslaughter

648
00:29:47,178 --> 00:29:48,680
is 5 to 15 years.

649
00:29:49,013 --> 00:29:51,015
Put a girl in a coma,
killed three people,

650
00:29:51,082 --> 00:29:52,561
and he walks away
with five years?

651
00:29:52,617 --> 00:29:54,460
He isn't even sorry.
It isn't justice.

652
00:29:54,519 --> 00:29:57,363
Neither is concealing evidence.
You could get disbarred.

653
00:29:58,523 --> 00:30:01,026
That's up to you.
This is what I'm gonna do.

654
00:30:05,064 --> 00:30:06,509
NORRIS: We looked at
a number of factors

655
00:30:06,565 --> 00:30:07,976
to determine
the force at impact.

656
00:30:08,634 --> 00:30:10,409
For example, we know
that a human thigh bone

657
00:30:10,469 --> 00:30:12,949
breaks under 1,100 pounds of
pressure per square inch.

658
00:30:13,105 --> 00:30:14,641
As a result of
your calculations,

659
00:30:14,707 --> 00:30:16,744
can you tell us
how fast Mr. Dressler's car

660
00:30:16,809 --> 00:30:18,618
car was traveling when
it struck Mr. Lavalle?

661
00:30:19,445 --> 00:30:23,450
Yes. The car was moving in excess
of 30 to 35 miles per hour.

662
00:30:24,183 --> 00:30:26,754
What, if any,
evidence did you find

663
00:30:26,885 --> 00:30:29,661
that Mr. Dressier tried
to avoid hitting his victims?

664
00:30:30,789 --> 00:30:34,066
None. There were no skid
marks, no yaw marks.

665
00:30:34,326 --> 00:30:36,306
All three victims
were struck head-on.

666
00:30:36,361 --> 00:30:37,635
JACK: Thank you.

667
00:30:40,466 --> 00:30:43,743
Detective Norris, isn't it
common not to find skid marks

668
00:30:43,802 --> 00:30:45,281
in drunk-driving accidents?

669
00:30:45,337 --> 00:30:48,375
Objection. The defendant is not
charged with drunk driving.

670
00:30:48,540 --> 00:30:49,883
JUDGE FELDMAN: Sustained.

671
00:30:50,643 --> 00:30:54,455
Detective, is it unusual
for an intoxicated driver

672
00:30:54,513 --> 00:30:56,754
to step on the accelerator
when he intended to...

673
00:30:56,815 --> 00:30:57,816
Objection.

674
00:30:58,150 --> 00:30:59,151
Sustained.

675
00:31:00,620 --> 00:31:01,894
(EXHALES)

676
00:31:02,154 --> 00:31:05,624
Let's talk reaction times, detective.
Sober versus intoxicated...

677
00:31:05,925 --> 00:31:07,268
Sustained.

678
00:31:09,395 --> 00:31:13,309
Mr. Billings, next question.

679
00:31:15,001 --> 00:31:16,173
No more questions.

680
00:31:22,175 --> 00:31:25,622
The write-up of the interview
with Ms. Young has a TPO glitch.

681
00:31:25,678 --> 00:31:28,716
The accident was at 6:10,
Rey wrote down 16:10.

682
00:31:29,181 --> 00:31:32,025
I'll mention it to Jack.
I think we're done.

683
00:31:37,457 --> 00:31:39,198
Has he talked to
you about this case?

684
00:31:39,559 --> 00:31:42,597
McCoy? Yeah.
Briefings, witness preps...

685
00:31:43,730 --> 00:31:45,403
I don't mean that.

686
00:31:48,501 --> 00:31:52,244
You mean, has he said, "This
one's for Claire Kincaid"?

687
00:31:52,705 --> 00:31:53,945
No.

688
00:31:54,574 --> 00:31:57,214
That guy got 12 months
at Mount McGregor.

689
00:31:57,477 --> 00:32:00,947
Yeah, I know. I pulled the file.
You were in the car with her.

690
00:32:03,717 --> 00:32:05,162
Yeah. I was catching
a ride home.

691
00:32:06,586 --> 00:32:09,999
Claire came down to the bar to
pick up McCoy, he'd already split.

692
00:32:11,457 --> 00:32:13,130
Bad timing all around.

693
00:32:14,161 --> 00:32:15,765
Listen, this hump Dressier,

694
00:32:15,829 --> 00:32:18,070
I'm keeping them crossed
he gets what he deserves.

695
00:32:25,138 --> 00:32:30,554
I told him to stop, to help those people.
He kept driving.

696
00:32:31,545 --> 00:32:34,185
He dropped me off
at my apartment.

697
00:32:34,247 --> 00:32:35,783
I don't know what
he did after that.

698
00:32:36,583 --> 00:32:38,688
What, if anything, did he
say to you before he left?

699
00:32:38,785 --> 00:32:40,230
Objection.
JUDGE FELDMAN: Overruled.

700
00:32:41,188 --> 00:32:42,792
Please answer, Ms. Young.

701
00:32:42,989 --> 00:32:46,095
He told me that if I
said a word to anyone,

702
00:32:47,694 --> 00:32:49,605
I'd be as dead as
those three people.

703
00:32:49,663 --> 00:32:50,869
JACK: Thank you.

704
00:32:53,734 --> 00:32:58,046
You said Mr. Dressier accused you
of sleeping with another man

705
00:32:58,572 --> 00:33:02,213
and threatened to kill him.
Does he always behave this way?

706
00:33:03,243 --> 00:33:04,551
He's very possessive.

707
00:33:04,611 --> 00:33:07,990
But when he's drunk, his jealousy's
out of control, isn't it?

708
00:33:08,549 --> 00:33:09,584
It gets worse.

709
00:33:09,650 --> 00:33:11,561
He rants and raves,
he imagines things?

710
00:33:12,086 --> 00:33:13,087
Yes.

711
00:33:13,153 --> 00:33:15,690
Because in fact, you've never
been unfaithful to him, have you?

712
00:33:15,756 --> 00:33:16,757
No.

713
00:33:16,824 --> 00:33:20,101
So that morning when he
screamed and threatened,

714
00:33:20,528 --> 00:33:22,371
he did so because he was
drunk, isn't that right?

715
00:33:22,430 --> 00:33:23,431
Objection.

716
00:33:23,564 --> 00:33:24,565
Gentlemen.

717
00:33:30,438 --> 00:33:33,317
Your Honor, I'm establishing
a pattern of behavior.

718
00:33:33,841 --> 00:33:36,549
When my client's drunk, he's
insanely jealous and delusional.

719
00:33:36,677 --> 00:33:37,712
So conversely,

720
00:33:37,779 --> 00:33:39,486
when he's insanely jealous
and delusional, he's drunk.

721
00:33:39,914 --> 00:33:41,894
Ms. Young is
an accounts supervisor,

722
00:33:41,949 --> 00:33:43,895
she's not
a behavioral psychologist.

723
00:33:44,185 --> 00:33:46,961
My client's state of mind
is the crux of my case.

724
00:33:47,455 --> 00:33:50,766
Then get an expert. Your line of
questioning is inappropriate.

725
00:33:51,159 --> 00:33:52,661
Now step back.

726
00:33:53,862 --> 00:33:56,103
The jury will disregard
the witness' responses

727
00:33:56,164 --> 00:33:58,041
to Mr. Billings
in their entirety.

728
00:33:59,635 --> 00:34:01,376
I have nothing more,
Your Honor.

729
00:34:01,437 --> 00:34:03,144
JUDGE FELDMAN: Court's recessed
until tomorrow morning.

730
00:34:03,206 --> 00:34:04,207
(GAVEL BANGS)

731
00:34:07,209 --> 00:34:08,620
Lucky break.

732
00:34:10,980 --> 00:34:13,927
You made your point.
Man one on all counts.

733
00:34:15,251 --> 00:34:16,696
Not interested.

734
00:34:18,154 --> 00:34:19,565
ADAM: Man one's a good offer.

735
00:34:20,356 --> 00:34:21,630
You want me to
call his lawyer back?

736
00:34:21,791 --> 00:34:23,498
Your case.
Your idea.

737
00:34:23,593 --> 00:34:25,266
I haven't seen
the fear in his eyes yet.

738
00:34:25,394 --> 00:34:28,398
This is People v. Dressier
you're trying, isn't it?

739
00:34:29,599 --> 00:34:31,476
Long as we're on the same page.

740
00:34:35,037 --> 00:34:37,142
Are you just playing chicken
with Dressier, Jack?

741
00:34:37,874 --> 00:34:39,353
Because it looks
like you and Feldman

742
00:34:39,408 --> 00:34:41,615
are tag-teaming to
commit legal murder.

743
00:34:42,178 --> 00:34:43,350
In your opinion.

744
00:34:43,446 --> 00:34:45,892
It's not even a fair fight. If
Dressier had the flight attendant...

745
00:34:45,948 --> 00:34:48,428
She didn't force-feed
him that scotch

746
00:34:48,484 --> 00:34:50,020
or steer him into those people.

747
00:34:50,253 --> 00:34:52,460
He did that.
He punched the accelerator.

748
00:34:52,522 --> 00:34:54,195
Or he made a mistake!
No!

749
00:34:54,791 --> 00:34:57,795
Anyway, that's for
the jury to decide.

750
00:34:57,860 --> 00:34:58,861
How can they?

751
00:34:58,928 --> 00:35:00,271
They don't have
the whole story.

752
00:35:00,329 --> 00:35:01,706
You're making them accomplices.

753
00:35:01,764 --> 00:35:04,210
So I'm wrong because I want
an appropriate sentence?

754
00:35:05,334 --> 00:35:07,746
Instead of 12 months
at Mount McGregor?

755
00:35:09,406 --> 00:35:11,215
You don't know what
you're talking about.

756
00:35:11,975 --> 00:35:13,352
You won, Jack.

757
00:35:14,011 --> 00:35:15,991
Just call Dressler's lawyer.

758
00:35:16,079 --> 00:35:17,080
The discussion is over, Jamie.

759
00:35:17,147 --> 00:35:18,649
I'm not done!
I am!

760
00:35:20,083 --> 00:35:23,963
This is the District Attorney's office.
We prosecute criminals.

761
00:35:24,221 --> 00:35:26,758
If you could stop thinking
like a defense attorney,

762
00:35:26,823 --> 00:35:28,063
maybe you'd grasp the concept.

763
00:35:28,125 --> 00:35:29,866
I know why I'm here.

764
00:35:30,227 --> 00:35:31,968
I think you're
the one who's forgotten.

765
00:35:37,367 --> 00:35:39,540
The stewardess told me
that she ran out of scotch

766
00:35:40,971 --> 00:35:43,110
and I said I'd drink anything.

767
00:35:44,041 --> 00:35:46,920
And so she went back
into coach and got more.

768
00:35:47,244 --> 00:35:49,588
How many drinks
had you had by then?

769
00:35:50,447 --> 00:35:51,619
Twelve.

770
00:35:54,051 --> 00:35:56,190
I'd lined the little
bottles up on the tray.

771
00:35:56,887 --> 00:36:01,632
I counted them. After that, I don't
remember much. Just flashes.

772
00:36:03,327 --> 00:36:06,831
Susan at the airport,
driving on the expressway.

773
00:36:11,802 --> 00:36:13,907
I often black out
when I drink too much.

774
00:36:14,305 --> 00:36:16,785
How about Mr. Lavalle,

775
00:36:16,841 --> 00:36:20,220
Mr. Galvez and his son, any
recollection of hitting them?

776
00:36:20,277 --> 00:36:21,381
No.

777
00:36:21,512 --> 00:36:23,423
I wish I could say I did.

778
00:36:25,950 --> 00:36:27,588
I'm very sorry I killed them.

779
00:36:31,989 --> 00:36:34,435
I swear I could never
kill anyone intentionally.

780
00:36:44,535 --> 00:36:46,014
Mr. Dressier,

781
00:36:49,173 --> 00:36:52,120
you really don't remember
anything about that morning?

782
00:36:53,411 --> 00:36:54,481
No, I don't.

783
00:36:54,545 --> 00:36:57,719
You don't remember getting
behind the wheel of your car,

784
00:36:59,751 --> 00:37:02,698
even though your driving
privileges had been suspended?

785
00:37:03,755 --> 00:37:04,756
No.

786
00:37:04,822 --> 00:37:08,326
Even though you'd run over
a young girl two years ago

787
00:37:08,393 --> 00:37:10,168
and put her in a coma?

788
00:37:10,295 --> 00:37:12,138
I told you, I don't remember.

789
00:37:12,497 --> 00:37:16,240
So, isn't it
possible at some point

790
00:37:16,801 --> 00:37:20,715
you decided to speed
up and kill Mr. Lavalle

791
00:37:20,772 --> 00:37:21,876
and you just don't remember it?

792
00:37:21,940 --> 00:37:23,010
No!

793
00:37:23,341 --> 00:37:27,619
How can you be so sure, when
you don't remember anything?

794
00:37:27,845 --> 00:37:30,348
I swear if I did
that I'd remember it.

795
00:37:30,415 --> 00:37:31,416
HOW?

796
00:37:34,619 --> 00:37:37,623
You don't even remember
killing Peter Lavalle

797
00:37:46,932 --> 00:37:48,502
or Leon Galvez

798
00:37:57,476 --> 00:37:58,716
or Max Galvez.

799
00:38:07,053 --> 00:38:09,329
You don't remember
them at all, do you?

800
00:38:19,966 --> 00:38:21,377
God.

801
00:38:23,603 --> 00:38:25,014
I didn't mean to.

802
00:38:27,540 --> 00:38:29,110
I was so drunk.

803
00:38:33,413 --> 00:38:37,589
I swear. I'm not a monster.

804
00:38:42,255 --> 00:38:44,861
Please forgive me.

805
00:38:47,994 --> 00:38:49,029
Please?

806
00:39:10,284 --> 00:39:12,764
Mr. Dressier,
we have only your word

807
00:39:14,088 --> 00:39:17,968
that you drank upwards of 12 scotches
on the plane, is that right?

808
00:39:21,095 --> 00:39:22,165
Yes.

809
00:39:23,998 --> 00:39:25,773
Do you know that
you were so drunk

810
00:39:26,934 --> 00:39:28,971
that you couldn't sign
your own name

811
00:39:29,036 --> 00:39:31,038
to a Customs declaration form?

812
00:39:33,340 --> 00:39:36,685
Mr. McCoy, what's the basis
for your question?

813
00:39:41,215 --> 00:39:43,821
I'm offering People's
43 for identification.

814
00:39:44,452 --> 00:39:45,624
Let me see it.

815
00:40:01,902 --> 00:40:04,246
I really don't like surprises,
Mr. McCoy!

816
00:40:04,305 --> 00:40:06,114
May I see the evidence,
Your Honor?

817
00:40:06,173 --> 00:40:07,516
Sure.

818
00:40:10,111 --> 00:40:12,591
This is the statement you got
from the flight attendant?

819
00:40:13,081 --> 00:40:14,116
Yes.

820
00:40:15,083 --> 00:40:17,222
Your Honor,
I have no objection.

821
00:40:17,485 --> 00:40:20,523
This statement cannot be authenticated.
I'm not admitting it.

822
00:40:20,789 --> 00:40:23,269
I'll stipulate to its
authenticity, Your Honor.

823
00:40:23,325 --> 00:40:26,033
If Mr. McCoy also stipulates,
that should be enough.

824
00:40:26,094 --> 00:40:29,200
Mr. McCoy,
before we proceed,

825
00:40:31,500 --> 00:40:34,845
you are familiar with the
provisions of Title I, are you not?

826
00:40:36,004 --> 00:40:37,745
Yes, Your Honor. I am.

827
00:40:39,374 --> 00:40:42,082
Just asking. Excuse me.

828
00:40:44,045 --> 00:40:45,956
What was that all about?
What's Title I?

829
00:40:46,348 --> 00:40:50,455
It's what they now call sections
195 and 195.05 of the penal law.

830
00:40:51,052 --> 00:40:53,965
Official misconduct and obstruction?
He just threatened you.

831
00:40:54,256 --> 00:40:55,735
That's right.

832
00:40:56,291 --> 00:41:00,103
Mr. Billings, does defense
agree to stipulate

833
00:41:00,161 --> 00:41:02,107
to the authenticity
of People's 43?

834
00:41:02,430 --> 00:41:04,034
We certainly do, Your Honor.

835
00:41:04,199 --> 00:41:07,544
JUDGE FELDMAN: Mr. McCoy, are the
People also prepared to so stipulate?

836
00:41:07,669 --> 00:41:08,670
Yes, Your Honor.

837
00:41:08,870 --> 00:41:12,943
People's 43 is admitted.
Go on, Mr. McCoy.

838
00:41:15,778 --> 00:41:18,588
Mr. Dressier, this is a statement
given to the District Attorney

839
00:41:18,648 --> 00:41:22,152
by Gabrielle Barra, the flight
attendant on your flight from Rio.

840
00:41:22,685 --> 00:41:25,825
She states that she served you 15 drinks.
Is that an accurate count?

841
00:41:27,023 --> 00:41:28,696
I only remember the first 12.

842
00:41:29,058 --> 00:41:30,503
She states you
slurred your words

843
00:41:30,559 --> 00:41:31,799
and spilled
a drink on yourself.

844
00:41:31,861 --> 00:41:32,896
Do you recall that?

845
00:41:34,063 --> 00:41:35,064
No.

846
00:41:35,131 --> 00:41:37,441
She states you were
disoriented, at one point

847
00:41:37,500 --> 00:41:38,843
locking yourself
in the washroom

848
00:41:38,968 --> 00:41:41,676
and requiring assistance to get out.
Do you recall that?

849
00:41:42,872 --> 00:41:43,907
No.

850
00:41:47,476 --> 00:41:51,447
Given this statement, is it fair to
say that you were so intoxicated

851
00:41:51,514 --> 00:41:53,653
as to be unable to
think or act rationally?

852
00:41:55,185 --> 00:41:56,255
Yes.

853
00:41:59,022 --> 00:42:00,126
No more questions.

854
00:42:05,062 --> 00:42:07,599
I don't know what happened in there.
You dismantled your case.

855
00:42:09,299 --> 00:42:11,643
I removed the needle from
his arm is what happened.

856
00:42:14,004 --> 00:42:16,416
The offer is
vehicular manslaughter

857
00:42:16,473 --> 00:42:19,215
first degree,
three counts, 5-to-15.

858
00:42:21,678 --> 00:42:23,282
We'll take it.
Send me the papers.

859
00:42:23,347 --> 00:42:25,418
Make no mistake,
Mr. Dressier, I'll be present

860
00:42:25,482 --> 00:42:27,621
for every one of
your parole hearings.

861
00:42:33,323 --> 00:42:35,132
Feldman still has
to sign off on this.

862
00:42:38,195 --> 00:42:40,937
Five years?
You think this is just?

863
00:42:40,997 --> 00:42:42,999
JACK: It's what
the statute provides.

864
00:42:43,166 --> 00:42:46,238
Statute. I don't give a
damn about the statute.

865
00:42:47,337 --> 00:42:49,317
I was presiding
over a landmark case.

866
00:42:49,373 --> 00:42:50,943
You turned it into
an embarrassment.

867
00:42:51,008 --> 00:42:52,146
You made a fool out of me.

868
00:42:52,242 --> 00:42:53,846
Judge...
I had my statements written

869
00:42:53,910 --> 00:42:56,322
for his sentencing, for the
imposition of the death penalty,

870
00:42:56,380 --> 00:42:58,451
you give me a plea
down to a "C" felony.

871
00:42:58,615 --> 00:43:01,061
If by some fluke
you get elected D.A.,

872
00:43:01,118 --> 00:43:03,359
you can lobby to re-write
the drunk-driving laws.

873
00:43:03,620 --> 00:43:07,864
That's cute. This isn't over, McCoy.
I'm not accepting this plea.

874
00:43:07,924 --> 00:43:09,369
You're sending
the case to the jury.

875
00:43:09,526 --> 00:43:10,664
Absolutely not.

876
00:43:10,727 --> 00:43:13,537
Absolutely not. Let me
warn you, counselor.

877
00:43:13,597 --> 00:43:15,838
I know the shell game you played
with that flight attendant.

878
00:43:15,899 --> 00:43:17,606
You either send
this case to the jury,

879
00:43:17,668 --> 00:43:19,341
or you go before
the ethics committee.

880
00:43:20,070 --> 00:43:21,743
That cuts both ways, Judge.
No.

881
00:43:21,939 --> 00:43:24,112
I have absolute
judicial discretion.

882
00:43:24,174 --> 00:43:26,211
Any ruling I made
will hold up to scrutiny

883
00:43:26,277 --> 00:43:28,382
anywhere, any place,
any time, okay.

884
00:43:28,545 --> 00:43:30,786
It's not what's
on the record, Judge.

885
00:43:31,415 --> 00:43:35,056
You tipped your hand in front
of Ms. Ross and myself.

886
00:43:37,621 --> 00:43:38,998
If you're impugning
my judicial...

887
00:43:39,056 --> 00:43:40,364
I don't want to hear it.

888
00:43:41,192 --> 00:43:44,264
I have no excuse for what I did.
Neither do you.

889
00:43:46,097 --> 00:43:50,512
You accept this plea or I'll
go to the ethics committee.

890
00:44:02,114 --> 00:44:05,584
Before I impose sentence, does the
defendant have anything to say?

891
00:44:06,819 --> 00:44:09,459
Just that I'm sorry,
Your Honor.

892
00:44:09,955 --> 00:44:11,491
I'm sorry.

893
00:44:13,792 --> 00:44:16,432
I'm just very sorry.

894
00:44:21,967 --> 00:44:24,504
Pursuant to the plea agreement,
the court sentences you

895
00:44:24,570 --> 00:44:28,245
to a term of not less than five
and to no more than 15 years.

896
00:44:28,774 --> 00:44:31,755
Though I'm bound by statutes,
this sentence in no way reflects

897
00:44:31,810 --> 00:44:33,380
the wanton destruction
you inflicted

898
00:44:33,445 --> 00:44:34,947
on the families
of your victims,

899
00:44:35,013 --> 00:44:37,823
nor the outrage your crimes
aroused in our community.

900
00:44:39,818 --> 00:44:42,355
Your behavior offends us,
Mr. Dressier,

901
00:44:43,589 --> 00:44:45,865
but no more so
than the inadequate penalties

902
00:44:45,924 --> 00:44:47,494
provided by the statutes.

903
00:44:50,229 --> 00:44:51,572
We're adjourned.

904
00:44:56,002 --> 00:44:59,415
ADAM: Good picture of Feldman.
Nice quote.

905
00:45:01,040 --> 00:45:04,146
I gotta make some calls.
Line up a campaign manager.

906
00:45:16,023 --> 00:45:19,197
I'm meeting David for dinner at Primavera.
You want to come?

907
00:45:21,228 --> 00:45:22,969
Three's a crowd.

908
00:45:23,030 --> 00:45:24,475
He'd like to meet you.

909
00:45:27,367 --> 00:45:30,837
I'll be there for dessert.
I promise.


