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In the criminal justice system
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00:00:02,919 --> 00:00:05,203
the people are represented
by two separate
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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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This isn't a criticism, Mike.
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Oh? I guess
I'm hypersensitive.
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It probably
won't hurt us.
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00:00:19,153 --> 00:00:20,552
My point its,
Ben was trying
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to get a straight
laundry list.
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That's what I gave.
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I pinch-hit for Max
in a grand jury
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I present the case
the way we reviewed it.
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Now you're...
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Come on, man. Chill.
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Tomorrow, when we
ask you to name names
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don't go on
about kickbacks
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and stolen copper pipes
and mangos.
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Mungo, not mangos. Mungo.
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I think everybody knows
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that's extra building material
that just disappears.
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And it ends up
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in somebody else's building.
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We didn't pick the grand jurors.
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Your crash course in corruption
went over their heads.
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Well, so what?
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So, they get too confused,
they may throw up their hands.
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Relax.
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You're going to get
your indictments.
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Max is back tomorrow.
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He's gonna give you
what you want:
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Howard Neffer,
Jimmy "The Mope" Donofrio
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Morgan Stern.
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I'll call him later.
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We'll go over the case notes
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00:01:17,211 --> 00:01:18,477
and then....
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I'm going out frooging
with Patsy Kelley.
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He's still rummaging around
in the trunk.
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You know Max--
always losing his paperwork.
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Can you tell him
to light a fire under it?
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Dinner getting cold?
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No, my date's getting cold.
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I'm still at the office.
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It's like being married
to a ghost.
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Now he's out there gabbing
with somebody.
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Who's he gabbing to?
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I don't know.
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It's dark.
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Matthew, go tell your father
to hurry up.
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Okay, mom.
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What is this?
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Marie?
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Mary, mother of God!
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( gunshots )
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Marie? Marie?!
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Marie!
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Captioning sponsored by
NBC/UNIVERSAL
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( playing "Going Home" )
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MAN:
One!
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And left.
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Right.
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00:04:41,348 --> 00:04:42,581
Left.
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00:04:42,583 --> 00:04:44,049
Right.
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Left.
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00:04:45,619 --> 00:04:46,685
Right.
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Halt.
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In.
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Left and right
face.
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One step
to the rear.
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Present arms.
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MAN:
Two!
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00:05:39,340 --> 00:05:41,640
I'll testify
as soon as you need me.
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00:05:41,642 --> 00:05:43,875
I can take over
Max's testimony as well.
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00:05:43,877 --> 00:05:45,711
The grand jury
will be suspended.
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00:05:45,713 --> 00:05:49,414
You'll include Max's murder
as part of the offering, right?
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If we find anything
substantive
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but so far nothing.
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00:05:52,786 --> 00:05:55,354
LOGAN:
The night before
his grand jury testimony?
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00:05:55,356 --> 00:05:57,656
Somebody didn't like
the sound of it.
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I'd like the list
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00:05:58,926 --> 00:06:00,359
of pending indictments.
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00:06:00,361 --> 00:06:02,461
STONE:
We should find out
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00:06:02,463 --> 00:06:04,830
who knew of those indictments
in our office.
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What about
a grand juror leak?
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Let's check their ties
to the construction industry.
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If word on the grand jury
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or a list of indictments
got out
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00:06:15,676 --> 00:06:18,043
why hit Max--
the lead on the task force?
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00:06:18,045 --> 00:06:20,045
They already hit
the leading investigator
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00:06:20,047 --> 00:06:21,747
from the building department.
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That was an open
investigation, right?
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What were they
going to accomplish by that?
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These people
are not long-term planners.
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Two in the back,
one in the face.
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00:06:33,794 --> 00:06:36,528
That's not a pro...
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00:06:36,530 --> 00:06:39,798
not a thinker.
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The purpose of this
little get-together
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00:06:48,709 --> 00:06:52,043
is not to bust your chops,
as you put it.
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It's to help you accept
your partner's...
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I accept it.
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Boom-- he's dead.
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That's the end of story.
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Also, to help
the officer in trouble
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reach a sense
of closure.
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First, I'm not in trouble.
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Okay?
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Matter of fact,
I'm alive and on the case.
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Secondly, I'm Irish-Catholic.
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I got a sense of closure
at Max's wake.
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Well then, there's no problem.
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That's right.
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Can I go now?
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Listen, thanks a lot
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but, really, I'm fine.
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Hey, Detective...
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ever hear
of the seven stages of grief?
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No.
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The first one's denial.
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I'm fine.
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Mike?
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You know Phil Cerreta
from the three-nine?
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I know him by name.
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He's handling Max's case.
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I saw him at the crime scene.
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He's thinking
about coming over.
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Maybe as second whip.
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So?
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So he asked about you.
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How would you feel?
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Fine.
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I mean, whatever.
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I don't care.
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Same rank as Max.
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Pick of cases and...
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That means he's bringing
Max's shooting with him?
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I would assume so.
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Then I'm on this case.
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Mike...
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I got to be concerned
about your objectivity.
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00:09:01,842 --> 00:09:03,875
Then put Cerreta
on point.
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00:09:03,877 --> 00:09:05,711
Mike...
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00:09:05,712 --> 00:09:07,546
Who else is going
to interview these people?
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00:09:07,548 --> 00:09:08,914
It doesn't matter.
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You're still due time
on a desk.
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( sighs )
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So...
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What?
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How you doing with this?
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I'm fine.
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ROBINETTE:
that makes sense.name
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Magadan, Dan Sr.--
retired construction?
153
00:10:00,901 --> 00:10:02,901
It's a good possibility.
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It gets better.
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Check his pension ties.
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Pull everything
you can on him.
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Your pension fund is vested
with Local 139.
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It's hard to believe
you didn't know any of the names
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00:10:19,319 --> 00:10:22,053
offered for indictment
in that room.
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00:10:22,055 --> 00:10:24,289
I had heard
of a few, maybe
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but they were
just names.
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I don't know them.
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You know any people who do?
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Not that I know of.
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Two of them
are on the governing board
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of that local.
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00:10:38,138 --> 00:10:40,005
I haven't been active for years.
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My pension's there.
That's all.
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00:10:41,975 --> 00:10:44,142
Still,
if you had mentioned anything
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00:10:44,144 --> 00:10:46,645
even out of a sense
of loyalty...
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I didn't say anything.
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Mr. Magadan
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we're not talking
about loyalties
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and pension funds.
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We're talking about
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the killing of a man
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who had 23 years
on the job
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00:11:02,663 --> 00:11:05,664
and we're talking about
his wife and his children
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who will spend months,
maybe years
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trying to come to terms
with the fact
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00:11:10,370 --> 00:11:12,137
that he is gone.
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Look, we're not assessing blame.
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We just need some help.
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We've got to know
whether you said anything.
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00:11:20,147 --> 00:11:21,980
I didn't. I swear.
186
00:11:21,982 --> 00:11:23,782
Nothing was said.
187
00:11:35,762 --> 00:11:38,430
Captain tells me
we're partnering.
188
00:11:38,432 --> 00:11:40,765
Yeah.
189
00:11:43,403 --> 00:11:45,737
I'm sorry about Max.
190
00:11:45,739 --> 00:11:47,338
Yeah.
191
00:11:49,076 --> 00:11:51,076
Listen, uh...
192
00:11:51,078 --> 00:11:52,711
Phil.
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00:11:52,713 --> 00:11:55,747
I know you're the new whip
and everything...
194
00:11:55,749 --> 00:11:58,750
Look, Mike,
you know all the players
195
00:11:58,752 --> 00:12:01,052
in this copper business.
196
00:12:01,054 --> 00:12:02,420
I need you on point.
197
00:12:02,422 --> 00:12:04,255
Okay.
198
00:12:04,257 --> 00:12:07,058
Okay. Okay.
199
00:12:11,231 --> 00:12:15,300
You, Stern, Neffer,
you were all indicted,
200
00:12:15,302 --> 00:12:19,337
and you don't know anything
about the special investigator
201
00:12:19,339 --> 00:12:22,240
that got tossed down
on 48th street?
202
00:12:22,242 --> 00:12:24,743
Yeah, well, sure.
203
00:12:24,744 --> 00:12:27,245
Everybody's heard about it,
but I don't know nothing.
204
00:12:27,247 --> 00:12:31,149
I want you to think about it,
because I got a hundred bucks
205
00:12:31,151 --> 00:12:34,252
that says the guys
that threw him off the roof
206
00:12:34,254 --> 00:12:37,255
are the same ones
that killed my partner.
207
00:12:37,257 --> 00:12:42,360
I swear, Detective,
I'm just a salesman.
208
00:12:42,362 --> 00:12:44,496
Well, he seems okay
to me.
209
00:12:44,498 --> 00:12:45,497
Yeah.
210
00:12:45,499 --> 00:12:48,099
Maybe a few degrees too cool.
211
00:12:48,101 --> 00:12:49,467
Another hothead.
212
00:12:49,469 --> 00:12:52,170
Another mick--
your lot in life.
213
00:12:52,172 --> 00:12:53,471
Yeah, well
214
00:12:53,473 --> 00:12:56,174
Max was not exactly
Mr. Mellow.
215
00:12:56,176 --> 00:12:59,244
I can imagine
these two guys together.
216
00:12:59,246 --> 00:13:01,179
They did fine.
217
00:13:04,284 --> 00:13:07,318
You and Mike get a list
of the indictees?
218
00:13:07,320 --> 00:13:09,187
Yeah. Tomorrow.
219
00:13:09,189 --> 00:13:12,457
Mike and I are going
out tomorrow on a couple.
220
00:13:12,459 --> 00:13:14,325
I restore old buildings.
221
00:13:14,327 --> 00:13:16,795
I consider myself
a conservator
222
00:13:16,797 --> 00:13:18,797
of the city's
architectural heritage.
223
00:13:18,799 --> 00:13:21,332
( bangs pipe )
224
00:13:21,334 --> 00:13:24,202
Is this part
of your conservatorship?
225
00:13:24,204 --> 00:13:26,237
It's pipe.
What do you want?
226
00:13:26,239 --> 00:13:29,340
All kosher, Howie?
227
00:13:29,342 --> 00:13:31,342
We hear it's stolen.
228
00:13:31,344 --> 00:13:33,478
Show me a search warrant.
229
00:13:33,480 --> 00:13:37,248
You think we're loading
damn pipe in our trunk?
230
00:13:37,250 --> 00:13:39,350
We don't need
a search warrant.
231
00:13:39,352 --> 00:13:41,820
We'll get you
an arrest warrant.
232
00:13:41,822 --> 00:13:43,822
Tell me what you want.
233
00:13:43,824 --> 00:13:45,356
the secret grand jury
Somebody on
234
00:13:45,358 --> 00:13:47,258
his mouth shut.
couldn't keep
235
00:13:47,260 --> 00:13:49,227
We believe that information
236
00:13:49,229 --> 00:13:52,230
led to the murder
of Detective Logan's partner.
237
00:13:52,232 --> 00:13:55,867
Why me? I don't know
anything about that.
238
00:13:55,869 --> 00:13:59,304
You supplied a lot of pipe
to the 48th Street project--
239
00:13:59,306 --> 00:14:02,273
the one they tossed
Inspector Janklow off.
240
00:14:02,275 --> 00:14:05,243
I had nothing to do
with that, man.
241
00:14:05,245 --> 00:14:08,279
Who did?
242
00:14:08,281 --> 00:14:09,881
Ask Morgan Stern.
243
00:14:09,883 --> 00:14:11,482
He told me to...
244
00:14:14,221 --> 00:14:18,289
He told you what?
245
00:14:18,291 --> 00:14:21,359
To keep my mouth shut
about the leak.
246
00:14:24,531 --> 00:14:28,466
STERN:
Look, I want immunity
on anything
247
00:14:28,468 --> 00:14:30,501
that may come of this.
248
00:14:30,503 --> 00:14:32,871
And I want to know
249
00:14:32,873 --> 00:14:34,639
where you got
the grand jury information.
250
00:14:34,641 --> 00:14:37,242
You stated to Detectives
Cerreta and Logan
251
00:14:37,244 --> 00:14:39,277
that you warned Howard Neffer
252
00:14:39,279 --> 00:14:42,280
to keep his mouth shut
about the leak.
253
00:14:42,282 --> 00:14:45,283
I want to know
who that leak is.
254
00:14:45,285 --> 00:14:47,018
All right.
255
00:14:47,020 --> 00:14:49,554
How about immunity
on the copper theft?
256
00:14:49,556 --> 00:14:53,258
Five more seconds of this,
and you'll need immunity
257
00:14:53,260 --> 00:14:54,359
on more than that.
258
00:14:54,361 --> 00:14:55,960
My project manager.
259
00:14:55,962 --> 00:14:57,395
His name!
260
00:15:02,202 --> 00:15:04,202
Magadan.
261
00:15:04,204 --> 00:15:06,204
ROBINETTE:
Magadan?
262
00:15:06,206 --> 00:15:07,906
The old man?
263
00:15:07,908 --> 00:15:09,574
No. His son.
264
00:15:09,576 --> 00:15:11,676
Daniel Magadan, Jr.
265
00:15:11,678 --> 00:15:16,014
The grand jury foreman
told his son.
266
00:15:19,352 --> 00:15:22,387
I'll be a son of a bitch.
267
00:15:25,525 --> 00:15:29,027
We're not interested
in why you lied.
268
00:15:29,029 --> 00:15:31,629
We need to know
why you told your son
269
00:15:31,631 --> 00:15:33,531
about the grand jury.
270
00:15:33,533 --> 00:15:36,968
He said he had a friend
who wanted to know
271
00:15:36,970 --> 00:15:39,470
what the grand jury was getting.
272
00:15:39,472 --> 00:15:41,940
I said if his friend
was mixed up
273
00:15:41,942 --> 00:15:43,207
in something
like that
274
00:15:43,209 --> 00:15:44,609
it was none
of his business.
275
00:15:44,611 --> 00:15:47,512
That's all?
276
00:15:47,514 --> 00:15:49,514
I told him
this Detective Greevey
277
00:15:49,516 --> 00:15:51,516
was going to name names
278
00:15:51,518 --> 00:15:54,452
and I hoped to God "Magadan"
wasn't one of them.
279
00:15:54,454 --> 00:15:56,654
Where is your son now,
Mr. Magadan?
280
00:15:56,656 --> 00:15:58,623
I don't know.
281
00:16:00,493 --> 00:16:03,995
That I swear. I don't.
282
00:16:11,271 --> 00:16:12,670
Look, I ain't got...
283
00:16:12,672 --> 00:16:15,606
Just... two minutes.
284
00:16:23,016 --> 00:16:26,284
These Danny's friends?
285
00:16:26,286 --> 00:16:29,187
The ones he's covering for?
286
00:16:32,625 --> 00:16:37,028
If he's protecting someone,
it's wrong.
287
00:16:37,030 --> 00:16:40,565
You know it's wrong.
288
00:16:40,567 --> 00:16:44,168
My partner died
because you opened your mouth
289
00:16:44,170 --> 00:16:46,304
on the grand jury.
290
00:16:49,042 --> 00:16:52,510
I'm not going away.
291
00:16:52,512 --> 00:16:57,515
Somebody's got
to do something right.
292
00:17:00,320 --> 00:17:03,554
Danny came to me
about the grand jury.
293
00:17:03,556 --> 00:17:06,124
Pumped me for info.
294
00:17:06,126 --> 00:17:11,662
He said it was for a friend,
but...
295
00:17:11,664 --> 00:17:13,331
maybe there
was no friend.
296
00:17:13,333 --> 00:17:15,633
What do you mean?
297
00:17:15,635 --> 00:17:17,101
I don't know.
298
00:17:17,103 --> 00:17:18,636
I...
299
00:17:18,638 --> 00:17:21,773
If you're saying your
son killed my partner
300
00:17:21,775 --> 00:17:24,675
every cop in this city
will be gunning for him.
301
00:17:32,085 --> 00:17:35,620
His best bet is with me.
302
00:17:35,622 --> 00:17:40,158
Any other cop,
the odds go down to 50/50.
303
00:17:42,562 --> 00:17:44,729
Your word you won't hurt him?
304
00:17:45,698 --> 00:17:48,166
I promise.
305
00:18:07,253 --> 00:18:08,719
Hey, Danny.
306
00:18:20,667 --> 00:18:22,200
Freeze!
307
00:18:27,140 --> 00:18:28,406
On your head.
308
00:18:28,408 --> 00:18:30,208
On your head!
309
00:18:35,148 --> 00:18:37,815
The name Max Greevey
ring a bell?
310
00:18:37,817 --> 00:18:40,418
I don't know what
you're talking about.
311
00:18:40,420 --> 00:18:43,821
Did you kill my partner
to shut him up?
312
00:18:43,823 --> 00:18:44,889
No.
313
00:18:44,891 --> 00:18:46,357
No?
314
00:18:46,359 --> 00:18:48,159
No.
315
00:18:50,363 --> 00:18:53,164
Get on your knees.
316
00:18:53,166 --> 00:18:54,665
What?
317
00:18:54,667 --> 00:18:57,435
I said
get on your knees.
318
00:19:03,443 --> 00:19:07,712
This is how you did my partner,
isn't it?
319
00:19:07,714 --> 00:19:11,382
I swear, I didn't kill nobody.
320
00:19:18,458 --> 00:19:22,193
I don't believe you.
321
00:19:22,195 --> 00:19:29,267
I'm just going to ask you
one more time, Danny boy.
322
00:19:30,737 --> 00:19:32,737
Oh, God...
323
00:19:32,739 --> 00:19:34,739
( crying )
324
00:19:34,741 --> 00:19:37,275
Please, pl...
325
00:19:41,681 --> 00:19:43,748
I did it, okay?
326
00:19:43,750 --> 00:19:45,950
I did it.
327
00:19:56,930 --> 00:19:58,429
You do understand
328
00:19:58,431 --> 00:20:00,698
you have the right
to an attorney?
329
00:20:00,700 --> 00:20:02,366
You maintain you've
passed on that right.
330
00:20:02,368 --> 00:20:04,869
Yeah, I understand.
331
00:20:04,870 --> 00:20:07,371
I've been through all this
already with that psychotic.
332
00:20:07,373 --> 00:20:10,374
We'll just go over it
again for the record.
333
00:20:10,376 --> 00:20:12,777
You don't mind,
do you, Mr. Magadan?
334
00:20:12,779 --> 00:20:13,844
No.
335
00:20:13,846 --> 00:20:17,782
Will you tell me
something?
336
00:20:17,784 --> 00:20:20,384
How did you find out
337
00:20:20,386 --> 00:20:22,787
where Sergeant Greevey
lived?
338
00:20:22,789 --> 00:20:27,525
Some chick my cousin knows
who works at the D.M.V.
339
00:20:27,527 --> 00:20:29,927
It's not that tough.
340
00:20:29,929 --> 00:20:34,799
So I went out there,
and I parked across the street.
341
00:20:34,801 --> 00:20:37,401
Then you
got out of your car...
342
00:20:37,403 --> 00:20:38,869
and you shot him.
343
00:20:38,871 --> 00:20:40,504
Isn't that correct?
344
00:20:42,909 --> 00:20:46,344
Mmm... not quite like that.
345
00:20:46,346 --> 00:20:51,015
I mean,
I had to wait a few hours
346
00:20:51,017 --> 00:20:55,019
and when he came out,
I pulled into his driveway.
347
00:20:55,021 --> 00:20:57,555
Intending
to shoot him?
348
00:21:00,827 --> 00:21:03,294
Not necessarily.
349
00:21:03,296 --> 00:21:07,298
I thought maybe I could
scare him off or something
350
00:21:07,300 --> 00:21:08,833
you know?
351
00:21:08,835 --> 00:21:13,037
Threaten his old lady
if I could get her alone.
352
00:21:14,974 --> 00:21:18,042
What happened
to make you change your mind?
353
00:21:23,449 --> 00:21:25,983
I don't know.
354
00:21:25,985 --> 00:21:33,557
When he came out,
he was just... there.
355
00:21:34,861 --> 00:21:38,929
I kind of lost it.
356
00:21:41,534 --> 00:21:44,535
You said the gun
was not yours.
357
00:21:44,537 --> 00:21:47,538
No. It belongs to
the construction company.
358
00:21:47,540 --> 00:21:50,441
I've got an extra key
to the trailer.
359
00:21:50,443 --> 00:21:52,310
That's where the gun is now?
360
00:21:52,312 --> 00:21:54,011
Yeah.
361
00:21:54,013 --> 00:21:55,813
Bull's-eye.
362
00:21:55,815 --> 00:21:57,481
Where exactly is it kept?
363
00:21:57,483 --> 00:22:01,018
You want me to hand it over
on a silver platter?
364
00:22:01,020 --> 00:22:02,887
Good job.
365
00:22:02,889 --> 00:22:06,524
Make sure I get a copy
of that confession, Mikey.
366
00:22:06,526 --> 00:22:10,961
We need to be specific when
we're in front of the judge.
367
00:22:10,963 --> 00:22:12,897
You know the drill, Danny.
368
00:22:12,899 --> 00:22:16,033
It's in the toolbox,
right there with the tools
369
00:22:16,035 --> 00:22:19,070
and the rest of the stuff.
370
00:22:21,908 --> 00:22:26,644
Mike, looks like you got
this guy dead to rights.
371
00:22:26,646 --> 00:22:28,045
I guess so.
372
00:22:28,047 --> 00:22:31,515
You want to check it
before I hand it in?
373
00:22:31,517 --> 00:22:34,118
Just make sure all
the T's are crossed
374
00:22:34,120 --> 00:22:35,953
and the I's are dotted.
375
00:22:35,955 --> 00:22:37,054
I'm sure it's fine.
376
00:22:37,056 --> 00:22:39,056
It's all kosher?
377
00:22:39,058 --> 00:22:43,894
You want me to freaking
proofread it or what, Phil?
378
00:22:43,896 --> 00:22:47,898
It's just that in case
you had to drag it out of him
379
00:22:47,900 --> 00:22:51,969
we ought to know that before
his lawyer comes on board.
380
00:22:56,042 --> 00:22:59,477
He's saying
I dragged it out of him?
381
00:22:59,479 --> 00:23:03,047
He said something like that.
382
00:23:03,049 --> 00:23:05,516
You see any marks on the guy?
383
00:23:05,518 --> 00:23:07,952
It isn't that.
384
00:23:07,954 --> 00:23:11,655
It's that he said
you threatened to kill him.
385
00:23:11,657 --> 00:23:14,458
He said that, huh?
386
00:23:16,429 --> 00:23:18,696
A cop killer.
387
00:23:18,698 --> 00:23:23,634
You think I would
have killed him, Phil?
388
00:23:25,104 --> 00:23:27,104
I don't know, Mike.
389
00:23:27,106 --> 00:23:30,708
I don't know
what's in your mind.
390
00:23:30,710 --> 00:23:34,044
I don't know you well enough.
391
00:23:35,448 --> 00:23:37,448
That's right.
392
00:23:37,450 --> 00:23:39,583
You don't.
393
00:23:41,087 --> 00:23:43,521
"...maybe threaten
his old lady."
394
00:23:43,523 --> 00:23:46,657
Too bad
he didn't take that route.
395
00:23:46,659 --> 00:23:48,659
Marie would have
kicked his ass.
396
00:23:48,661 --> 00:23:49,994
That's for sure.
397
00:23:49,996 --> 00:23:51,996
Everything all right
with you two?
398
00:23:51,998 --> 00:23:54,665
Oh, yeah,
he's a good kid.
399
00:23:54,667 --> 00:23:57,101
The collar is
top of the line.
400
00:23:57,103 --> 00:23:58,669
Whoa, whoa, Phil.
401
00:23:58,671 --> 00:24:01,172
Let's stop with
the cliches already.
402
00:24:01,174 --> 00:24:03,541
What's going on?
403
00:24:05,478 --> 00:24:10,114
Suppose Logan went a little
over the line on this one.
404
00:24:11,751 --> 00:24:13,751
How far over?
405
00:24:13,753 --> 00:24:15,486
Not much--
maybe five yards.
406
00:24:15,488 --> 00:24:17,755
I wasn't even going
to mention this
407
00:24:17,757 --> 00:24:19,490
but apparently, or maybe
408
00:24:19,492 --> 00:24:22,593
he was going to blow
this guy's brains out.
409
00:24:22,595 --> 00:24:24,962
What the hell does that mean?
410
00:24:24,964 --> 00:24:29,967
Magadan says that Logan
was waving his gun at him.
411
00:24:29,969 --> 00:24:33,037
Mike's got to be thinking
this guy is armed.
412
00:24:33,039 --> 00:24:35,973
This is the guy
who killed his partner.
413
00:24:35,975 --> 00:24:38,642
Yeah, and he
would have his gun out.
414
00:24:38,644 --> 00:24:40,978
It was dark...
415
00:24:42,748 --> 00:24:45,649
And you got to be careful.
416
00:24:51,257 --> 00:24:55,526
I mean,
what are you going to do?
417
00:25:14,213 --> 00:25:16,213
Mike?
418
00:25:16,215 --> 00:25:19,817
Anything
you want to tell me?
419
00:25:19,819 --> 00:25:22,820
Yeah.
420
00:25:22,822 --> 00:25:26,023
I got us Max's killer.
421
00:25:27,827 --> 00:25:30,094
Okay, let's get a warrant.
422
00:25:30,096 --> 00:25:34,098
Get that freaking gun in here
before something happens to it.
423
00:25:34,100 --> 00:25:38,836
CERRETA:
to search these premises.ant
424
00:25:40,773 --> 00:25:42,673
All right.
425
00:26:20,913 --> 00:26:23,914
The officer's use of his gun
to get a confession...
426
00:26:23,916 --> 00:26:27,618
These allegations of threats
are not relevant to bail.
427
00:26:27,620 --> 00:26:30,321
Hold it-- if you believe
your client's statement
428
00:26:30,323 --> 00:26:32,723
was coerced, make a motion
to suppress it.
429
00:26:32,725 --> 00:26:34,758
People's case
appears to be tight.
430
00:26:34,760 --> 00:26:36,060
Confession was made
431
00:26:36,062 --> 00:26:37,595
inside the precinct.
432
00:26:37,597 --> 00:26:39,063
The weapon
was recovered.
433
00:26:39,065 --> 00:26:40,331
Corroborative evidence.
434
00:26:40,333 --> 00:26:42,099
Bail's out of the question.
435
00:26:42,101 --> 00:26:44,735
Legal aid
only represents Mr. Magadan
436
00:26:44,737 --> 00:26:47,672
for this arraignment.
437
00:26:47,673 --> 00:26:50,608
I'm sure his regular attorney
will challenge a confession
438
00:26:50,610 --> 00:26:52,710
obtained at the point of a gun.
439
00:26:52,712 --> 00:26:54,778
To which
the people will respond.
440
00:26:54,780 --> 00:26:58,082
Pursuant to criminal
procedure law section 510.40
441
00:26:58,084 --> 00:27:02,086
the defendant is remanded
to the custody of the state.
442
00:27:07,627 --> 00:27:08,926
Paul...
443
00:27:08,928 --> 00:27:11,662
If this is
the rubber hose routine...
444
00:27:11,664 --> 00:27:13,931
Yeah, well,
this was no rubber hose.
445
00:27:13,933 --> 00:27:15,933
This was
a .38 police special.
446
00:27:15,935 --> 00:27:17,368
And you're buying?
447
00:27:17,370 --> 00:27:19,670
Hey, I got nothing
invested here.
448
00:27:19,672 --> 00:27:21,939
Once his high-priced
mouthpiece rolls in
449
00:27:21,941 --> 00:27:23,674
my office is gone.
450
00:27:23,676 --> 00:27:26,810
I'm telling you,
it feels on the level
451
00:27:26,812 --> 00:27:28,379
and if it is
452
00:27:28,381 --> 00:27:30,748
it's a big pile
you've stepped in.
453
00:27:34,754 --> 00:27:37,788
From out of nowhere,
this detective rousts me.
454
00:27:37,790 --> 00:27:39,890
I'm trying to be cool
455
00:27:39,892 --> 00:27:43,661
but I figure the guy's on speed
or something.
456
00:27:43,663 --> 00:27:45,396
Why do you think that?
457
00:27:45,398 --> 00:27:50,801
Because before I'm halfway
into my act
458
00:27:50,803 --> 00:27:54,738
he puts his piece here.
459
00:27:54,740 --> 00:27:59,710
He asked me,
did I kill the fat cop.
460
00:27:59,712 --> 00:28:02,880
I don't say anything.
461
00:28:02,882 --> 00:28:06,083
I hear the hammer go back.
462
00:28:06,085 --> 00:28:11,021
Click... click.
463
00:28:11,023 --> 00:28:12,723
No bruises or cuts.
464
00:28:12,725 --> 00:28:14,692
No way to verify it.
465
00:28:14,694 --> 00:28:18,696
You just
spilled your guts.
466
00:28:18,698 --> 00:28:22,132
You know how to read
a rap sheet, don't you?
467
00:28:22,134 --> 00:28:25,869
Five arrests,
three convictions.
468
00:28:25,871 --> 00:28:28,772
So you're a loser. So?
469
00:28:28,774 --> 00:28:32,209
So, no guilty pleas.
470
00:28:32,211 --> 00:28:33,744
Two years ago
471
00:28:33,746 --> 00:28:36,780
I got popped
in Jersey.
472
00:28:36,782 --> 00:28:39,783
A missing semi-trailer
full of microwaves.
473
00:28:39,785 --> 00:28:45,456
A sergeant questions me
with a cigar.
474
00:28:45,458 --> 00:28:48,759
I didn't talk then either.
475
00:28:48,761 --> 00:28:52,129
But this, uh...
476
00:28:52,131 --> 00:28:55,466
and that sound...
477
00:28:55,468 --> 00:28:58,235
click.
478
00:29:02,742 --> 00:29:04,274
The guy was brought in.
479
00:29:04,276 --> 00:29:06,777
Sergeant Cerreta
mirandized him.
480
00:29:06,779 --> 00:29:08,011
He duly confessed.
481
00:29:08,013 --> 00:29:10,280
That doesn't undo the damage.
482
00:29:10,282 --> 00:29:11,281
What damage?
483
00:29:11,283 --> 00:29:12,282
You were there.
484
00:29:12,284 --> 00:29:13,851
You see anything screwy?
485
00:29:13,853 --> 00:29:15,853
Not in the interrogation room.
486
00:29:15,855 --> 00:29:19,089
We're talking about the alley,
right?
487
00:29:19,091 --> 00:29:20,824
What's the difference?
488
00:29:20,826 --> 00:29:21,992
I get the feeling
489
00:29:21,994 --> 00:29:23,994
we're not getting
490
00:29:23,996 --> 00:29:25,796
the whole truth.
491
00:29:27,767 --> 00:29:29,466
Well, Mike?
492
00:29:29,468 --> 00:29:30,467
Well, what?
493
00:29:30,469 --> 00:29:32,136
I asked the guy
about Max.
494
00:29:32,138 --> 00:29:33,804
He blurted it out.
495
00:29:33,806 --> 00:29:35,139
And did you help him?
496
00:29:35,141 --> 00:29:37,307
Did you?
497
00:29:37,309 --> 00:29:39,910
What I am asking, detective
498
00:29:39,912 --> 00:29:41,879
is did you threaten
Mr. Magadan
499
00:29:41,881 --> 00:29:44,081
in order to obtain
information?
500
00:29:44,083 --> 00:29:46,216
I pressured him, okay?
501
00:29:46,218 --> 00:29:47,785
Mike...
502
00:29:47,787 --> 00:29:49,787
I should sit on my ass
503
00:29:49,789 --> 00:29:51,121
while my partner's killer
504
00:29:51,123 --> 00:29:52,956
walks around free?
505
00:29:52,958 --> 00:29:55,159
That is exactly
what will happen
506
00:29:55,161 --> 00:29:57,995
because if the first
confession is coerced
507
00:29:57,997 --> 00:30:00,798
then so is the second
and the third
508
00:30:00,800 --> 00:30:03,801
no matter how many times
you mirandize.
509
00:30:03,803 --> 00:30:05,469
Coercion is a judgment call.
510
00:30:05,470 --> 00:30:07,136
My guy never laid a glove
on the son of a bitch.
511
00:30:07,139 --> 00:30:08,806
That doesn't matter.
512
00:30:08,808 --> 00:30:10,808
If he coerced
the first confession
513
00:30:10,810 --> 00:30:13,343
it is still fruit
of the poisonous tree.
514
00:30:13,345 --> 00:30:15,979
What's this--
some stupid technicality?
515
00:30:15,981 --> 00:30:18,081
Explain the concept to your man
516
00:30:18,083 --> 00:30:21,351
so they don't let
another cop killer walk.
517
00:30:24,323 --> 00:30:26,557
I doubt if Max Greevey
518
00:30:26,559 --> 00:30:29,293
would have considered it
a technicality.
519
00:30:31,897 --> 00:30:34,565
So Stone's
holding you responsible
520
00:30:34,567 --> 00:30:36,867
for Magadan
possibly getting off.
521
00:30:36,869 --> 00:30:38,969
Do you think that's fair?
522
00:30:38,971 --> 00:30:40,103
No, I don't
523
00:30:40,105 --> 00:30:43,907
but I don't give a damn
what he thinks.
524
00:30:43,909 --> 00:30:45,976
That's not what I asked you.
525
00:30:45,978 --> 00:30:47,377
It's not?
526
00:30:47,379 --> 00:30:49,313
What I'm asking is
527
00:30:49,315 --> 00:30:52,382
do you feel
it's a fair assessment?
528
00:30:52,384 --> 00:30:56,587
Do I feel responsible
for Max getting blown away?
529
00:30:56,589 --> 00:30:59,990
Maybe if I'd gone home
with him, you know...
530
00:30:59,992 --> 00:31:03,160
maybe he wouldn't
have gotten zipped.
531
00:31:03,162 --> 00:31:06,263
Maybe I just should have
532
00:31:06,265 --> 00:31:11,101
stepped in front
of that bullet myself, right?
533
00:31:21,247 --> 00:31:25,249
No, I don't feel responsible.
534
00:31:25,251 --> 00:31:29,353
I feel incredibly...
535
00:31:29,355 --> 00:31:32,055
angry.
536
00:31:35,995 --> 00:31:39,129
That one of your seven stages?
537
00:31:43,369 --> 00:31:46,370
Great.
538
00:31:46,372 --> 00:31:49,273
This is a statement
which Detective Logan
539
00:31:49,275 --> 00:31:51,675
gave voluntarily
to the investigators
540
00:31:51,677 --> 00:31:54,044
of the internal affairs
division.
541
00:31:54,046 --> 00:31:56,914
Please read it over
and advise your client.
542
00:31:56,916 --> 00:31:59,216
Where are we going
to assign him
543
00:31:59,218 --> 00:32:00,684
till this is resolved?
544
00:32:00,686 --> 00:32:02,052
Temp desk.
545
00:32:02,054 --> 00:32:04,388
Plus, he's got
vacation time coming.
546
00:32:04,390 --> 00:32:07,357
You don't expect the lad
to sign this now?
547
00:32:07,359 --> 00:32:10,460
He and I have some conferring
to do.
548
00:32:10,462 --> 00:32:13,463
Am I the stiff
at my own funeral?
549
00:32:13,465 --> 00:32:15,032
"He looks so lifelike..."
550
00:32:15,034 --> 00:32:17,034
Come on,
cool it, Mike.
551
00:32:17,035 --> 00:32:19,035
Everybody's acting like
I'm the one that's dead.
552
00:32:19,705 --> 00:32:22,039
"Menacing."
553
00:32:22,041 --> 00:32:24,942
You're charging me
with a class "B" misdemeanor.
554
00:32:24,944 --> 00:32:28,178
We are not charging you
with anything yet
555
00:32:28,180 --> 00:32:30,347
but I suggest you talk
to your captain
556
00:32:30,349 --> 00:32:33,417
about the odds of losing
your pension and your badge
557
00:32:33,419 --> 00:32:36,420
and the possibility
of a lawsuit against you
558
00:32:36,422 --> 00:32:39,022
for violating
Mr. Magadan's civil rights.
559
00:32:39,024 --> 00:32:41,458
His civil rights?
560
00:32:41,460 --> 00:32:43,493
What about Max's civil rights?
561
00:32:43,495 --> 00:32:44,995
This is not a case
562
00:32:44,997 --> 00:32:47,497
of ends justifying the means.
563
00:32:47,499 --> 00:32:50,968
Of course it is,
and you know it.
564
00:32:50,970 --> 00:32:53,971
You do the exact
same thing every day.
565
00:32:53,973 --> 00:32:56,073
You threaten to send them away
566
00:32:56,075 --> 00:32:58,108
or whisper
their dirty little secrets.
567
00:32:58,110 --> 00:33:00,277
You threaten
to screw up their lives
568
00:33:00,279 --> 00:33:03,480
just to get a little information
from them.
569
00:33:03,482 --> 00:33:05,716
I didn't do it at gunpoint,
Detective.
570
00:33:05,718 --> 00:33:07,384
There's a big difference.
571
00:33:09,054 --> 00:33:12,723
Mike, as your P.B.A. attorney,
I must advise you
572
00:33:12,725 --> 00:33:14,358
not to sign anything...
573
00:33:14,360 --> 00:33:15,759
Why not?
574
00:33:18,130 --> 00:33:20,731
It's the truth.
575
00:33:29,274 --> 00:33:32,109
Just lucky
that this isn't L.A.
576
00:33:32,111 --> 00:33:34,478
Everybody walks around
with a video camera.
577
00:33:34,480 --> 00:33:36,113
What's the point?
578
00:33:36,115 --> 00:33:38,382
He never physically
injured the guy.
579
00:33:38,384 --> 00:33:40,484
The best we can do
is menacing.
580
00:33:40,486 --> 00:33:42,052
For blowing our case!
581
00:33:42,054 --> 00:33:44,254
I'd bust him
for reckless endangerment
582
00:33:44,256 --> 00:33:45,422
if I could.
583
00:33:45,424 --> 00:33:47,557
His partner
was killed, Adam.
584
00:33:47,559 --> 00:33:49,192
No jury would convict.
585
00:33:49,194 --> 00:33:52,029
Any chance of arguing
586
00:33:52,031 --> 00:33:53,730
the confession wasn't coerced?
587
00:33:53,732 --> 00:33:55,966
With a gun to his head?
588
00:33:55,967 --> 00:33:58,201
The man is a suspect
in a cop killing.
589
00:33:58,203 --> 00:34:00,537
If Logan saw a gun, then...
590
00:34:00,539 --> 00:34:02,356
There was no gun.
591
00:34:02,357 --> 00:34:04,174
Every piece of evidence,
every statement
592
00:34:04,176 --> 00:34:06,810
is tainted by Logan's
reckless action.
593
00:34:06,812 --> 00:34:08,245
It's all useless.
594
00:34:12,151 --> 00:34:13,283
A guy kills a cop.
595
00:34:13,285 --> 00:34:16,219
We catch him,
and we can't close.
596
00:34:16,221 --> 00:34:18,355
Hell of a system.
597
00:34:20,192 --> 00:34:22,092
Talk to Logan.
598
00:34:22,094 --> 00:34:24,161
Maybe magadan
said something
599
00:34:24,163 --> 00:34:30,200
before he pulled
his little stunt with the .38.
600
00:34:30,202 --> 00:34:31,768
I took him
by surprise.
601
00:34:31,770 --> 00:34:34,204
It hasn't changed
since yesterday.
602
00:34:34,206 --> 00:34:36,440
Hey, we're on the same side.
603
00:34:41,213 --> 00:34:44,314
What about
the initial investigation?
604
00:34:44,316 --> 00:34:47,184
Can we get him
on anything else?
605
00:34:47,186 --> 00:34:50,153
Magadan's name never came up.
606
00:34:50,155 --> 00:34:53,590
Look, we got the owner
of the company on the ropes.
607
00:34:53,592 --> 00:34:56,126
Anything we can use there?
608
00:34:56,128 --> 00:34:59,329
Morgan Stern was a heavy
in the copper scam
609
00:34:59,331 --> 00:35:02,199
but we weren't able
to get to him.
610
00:35:02,201 --> 00:35:06,303
We were waiting for Judge Merlis
to sign search warrant apps
611
00:35:06,305 --> 00:35:09,339
for half a dozen
construction sites.
612
00:35:09,341 --> 00:35:11,541
Are they still unsigned?
613
00:35:11,543 --> 00:35:14,878
Due out
the day after Max went down.
614
00:35:14,880 --> 00:35:18,882
You may be a hero after all.
615
00:35:18,884 --> 00:35:20,350
Yeah.
616
00:35:20,352 --> 00:35:22,152
Right.
617
00:35:26,592 --> 00:35:28,458
No, we're arguing
inevitability.
618
00:35:28,460 --> 00:35:30,694
The unsigned search warrants
are very apropos
619
00:35:30,696 --> 00:35:32,629
to the grand jury
investigation.
620
00:35:32,631 --> 00:35:34,498
And had they been signed
621
00:35:34,500 --> 00:35:36,533
Cerreta and Logan
622
00:35:36,534 --> 00:35:38,567
could have used
the task force warrants
623
00:35:38,570 --> 00:35:39,870
to confiscate the gun?
624
00:35:39,872 --> 00:35:41,471
Making search warrants
625
00:35:41,473 --> 00:35:43,473
from the coerced confession
unnecessary.
626
00:35:43,475 --> 00:35:45,575
We would have found the gun.
627
00:35:45,577 --> 00:35:49,446
Oh, that's going to take
a lot of fast talking.
628
00:35:49,448 --> 00:35:51,548
We get the calendar
against us
629
00:35:51,550 --> 00:35:53,683
we draw the wrong judge
630
00:35:53,685 --> 00:35:56,453
we're in too deep
to tread water.
631
00:35:56,455 --> 00:35:58,889
Then it's sink or swim.
632
00:36:00,859 --> 00:36:02,526
We got a choice?
633
00:36:02,528 --> 00:36:04,528
No.
634
00:36:09,635 --> 00:36:12,502
The gun is the fruit
of the coerced confession.
635
00:36:12,504 --> 00:36:13,870
It must be excluded.
636
00:36:13,872 --> 00:36:15,605
Tainted evidence
is admissable
637
00:36:15,607 --> 00:36:18,408
if it would inevitably
have been found
638
00:36:18,410 --> 00:36:19,709
by other police
techniques.
639
00:36:19,711 --> 00:36:21,545
The fourth amendment
is obsolete?
640
00:36:21,547 --> 00:36:24,347
It is the exception
to the exclusionary rule.
641
00:36:24,349 --> 00:36:26,650
The task force applied
for a search warrant
642
00:36:26,652 --> 00:36:28,785
during the grand jury
investigation
643
00:36:28,787 --> 00:36:31,521
and before Detective Greevey
was murdered.
644
00:36:31,523 --> 00:36:32,789
It was never signed.
645
00:36:32,791 --> 00:36:34,457
It would have been.
646
00:36:34,459 --> 00:36:35,592
It's very specific.
647
00:36:35,594 --> 00:36:37,694
It covers cash, documents
and weapons.
648
00:36:37,696 --> 00:36:39,663
We would have found that gun.
649
00:36:39,665 --> 00:36:42,032
Your Honor,
he's bootstrapping.
650
00:36:42,033 --> 00:36:44,400
His evidence was poisoned
by the coerced confession.
651
00:36:44,403 --> 00:36:45,869
He's begging for another way.
652
00:36:45,871 --> 00:36:49,706
Supreme court stance
on the scope of warrants
653
00:36:49,708 --> 00:36:52,475
is much looser
than it's ever been
654
00:36:52,477 --> 00:36:55,579
given the recent
Fulminante decision.
655
00:36:55,581 --> 00:37:00,417
I'm going to have to allow
the gun into evidence.
656
00:37:00,419 --> 00:37:01,418
Your Honor..!
657
00:37:01,420 --> 00:37:04,004
But...
658
00:37:04,005 --> 00:37:06,589
any reference, whatsoever,
to Mr. Magadan's confession
659
00:37:06,592 --> 00:37:08,391
and I declare a mistrial
660
00:37:08,393 --> 00:37:11,828
before Mr. Lambrusco here
even thinks about objecting.
661
00:37:11,830 --> 00:37:13,763
Understood?
662
00:37:13,765 --> 00:37:16,499
We found out the gun
was in a trailer
663
00:37:16,501 --> 00:37:19,436
at a construction site
on West 51st Street.
664
00:37:19,438 --> 00:37:21,838
Did you obtain
a warrant for the site?
665
00:37:21,840 --> 00:37:22,906
Yes, we did.
666
00:37:22,908 --> 00:37:24,574
When we arrived
667
00:37:24,576 --> 00:37:27,344
we discovered the gun
at the specified trailer.
668
00:37:27,346 --> 00:37:29,446
STONE:
To whom was
the gun registered?
669
00:37:29,448 --> 00:37:32,682
Morgan Stern,
the defendant's employer.
670
00:37:32,684 --> 00:37:36,853
The permit limits use of the gun
to the construction site only.
671
00:37:36,855 --> 00:37:39,556
For purposes of security,
I presume?
672
00:37:39,558 --> 00:37:40,991
I would guess.
673
00:37:40,993 --> 00:37:42,926
Thank you.
No more questions.
674
00:37:44,596 --> 00:37:49,499
Let's stay with this
famous gun, detective.
675
00:37:49,501 --> 00:37:50,700
Now you testified
676
00:37:50,702 --> 00:37:53,003
that you didn't find it
on Mr. Magadan
677
00:37:53,005 --> 00:37:54,804
when you arrested him.
678
00:37:56,708 --> 00:37:58,608
That's correct.
679
00:37:58,610 --> 00:38:00,410
Did you recover any weapons
680
00:38:00,412 --> 00:38:02,479
from Mr. Magadan's
person?
681
00:38:02,481 --> 00:38:05,566
No. He was unarmed.
682
00:38:05,567 --> 00:38:08,652
When you first confronted
Mr. Magadan in that alley
683
00:38:08,654 --> 00:38:12,789
did you consider him
to be a witness or a suspect?
684
00:38:18,563 --> 00:38:21,765
He wasn't immediately arrested.
685
00:38:21,767 --> 00:38:24,701
And yet you placed him
under arrest
686
00:38:24,703 --> 00:38:27,671
just a few moments later,
did you not?
687
00:38:27,673 --> 00:38:30,707
Yes, I did.
688
00:38:38,750 --> 00:38:40,817
( sighs )
689
00:38:40,819 --> 00:38:43,653
I was at the site
checking some invoices.
690
00:38:43,655 --> 00:38:44,788
Danny showed up.
691
00:38:44,790 --> 00:38:46,823
He was surprised
to see me.
692
00:38:46,825 --> 00:38:49,025
Did he have the gun
when he arrived?
693
00:38:49,027 --> 00:38:50,660
It was dark.
694
00:38:50,662 --> 00:38:52,662
He seemed to be
hiding something.
695
00:38:52,664 --> 00:38:54,664
Could you describe
what that was?
696
00:38:54,666 --> 00:38:57,467
It was pretty obvious
it was a gun.
697
00:38:57,469 --> 00:38:59,736
Did Mr. Magadan
say anything?
698
00:38:59,738 --> 00:39:03,707
He was all sweaty,
kind of whacked out.
699
00:39:03,709 --> 00:39:05,842
I asked what was up.
700
00:39:05,844 --> 00:39:08,445
He was terrified
that the grand jury
701
00:39:08,447 --> 00:39:10,780
would look into
Inspector Janklow's death.
702
00:39:10,782 --> 00:39:12,549
Objection! Hearsay.
703
00:39:12,551 --> 00:39:14,050
Statement against
penal interest, Your Honor.
704
00:39:14,052 --> 00:39:15,852
Overruled.
705
00:39:15,854 --> 00:39:17,821
What else did he say?
706
00:39:17,823 --> 00:39:21,691
He took care of our problem
with the grand jury.
707
00:39:21,693 --> 00:39:22,726
Objection.
708
00:39:22,728 --> 00:39:24,261
Your Honor, hearsay.
709
00:39:24,262 --> 00:39:25,795
Overruled--
same reason as before.
710
00:39:25,797 --> 00:39:27,731
Your witness.
711
00:39:27,733 --> 00:39:31,701
You never saw Mr. Magadan
with a weapon that evening.
712
00:39:31,703 --> 00:39:33,903
No. I said I thought
it was obvious.
713
00:39:33,905 --> 00:39:38,074
Isn't it true that you
were among the targets
714
00:39:38,076 --> 00:39:39,976
of that secret
grand jury?
715
00:39:39,978 --> 00:39:41,678
I have no idea.
716
00:39:41,680 --> 00:39:43,079
Didn't you make a deal
717
00:39:43,081 --> 00:39:45,882
for immunity
against those indictments
718
00:39:45,884 --> 00:39:48,585
if you testified
against Mr. Magadan?
719
00:39:48,587 --> 00:39:51,121
Yeah. Yes.
720
00:39:51,123 --> 00:39:54,657
So before this arrangement
with the district attorney
721
00:39:54,659 --> 00:39:57,594
you had just as much motive
as Mr. Magadan
722
00:39:57,596 --> 00:40:00,029
to keep Detective Greevey
from testifying.
723
00:40:00,031 --> 00:40:02,499
I'm not crazy enough
to kill a cop.
724
00:40:02,501 --> 00:40:03,666
It was your gun.
725
00:40:03,668 --> 00:40:04,601
You had access.
726
00:40:04,603 --> 00:40:06,736
You certainly
had opportunity.
727
00:40:06,738 --> 00:40:07,871
By your own testimony
728
00:40:07,873 --> 00:40:10,673
Mr. Magadan said
that he had taken care
729
00:40:10,675 --> 00:40:13,743
of your problem
with the grand jury, correct?
730
00:40:13,745 --> 00:40:15,111
I didn't kill that guy.
731
00:40:15,113 --> 00:40:17,680
Everybody knows
that Danny copped to it
732
00:40:17,682 --> 00:40:19,015
when the cop's
partner
733
00:40:19,017 --> 00:40:20,950
put a gun in his ear.
734
00:40:20,952 --> 00:40:23,586
I move
for an immediate mistrial.
735
00:40:24,556 --> 00:40:25,955
Your Honor, may we recess?
736
00:40:25,957 --> 00:40:27,924
Court is in recess.
737
00:40:30,829 --> 00:40:32,562
What's going on here?
738
00:40:32,564 --> 00:40:34,764
His question elicited
the confession reference.
739
00:40:34,766 --> 00:40:36,533
And your damn witness.
740
00:40:36,535 --> 00:40:39,002
Are you suggesting
he was coached to let it slip?
741
00:40:39,004 --> 00:40:40,770
What's the difference?
742
00:40:40,772 --> 00:40:42,071
Drop the histrionics.
743
00:40:42,073 --> 00:40:43,706
Just give me the law
744
00:40:43,708 --> 00:40:45,842
and make it brief,
gentlemen.
745
00:40:47,679 --> 00:40:49,679
( sighs )
746
00:40:49,681 --> 00:40:51,948
What the Supreme Court
said recently
747
00:40:51,950 --> 00:40:54,784
in theFulminantecase
is to the point.
748
00:40:54,786 --> 00:40:56,886
Yes, the confession is coerced.
749
00:40:56,888 --> 00:40:59,722
Yes, the jury
heard about it.
750
00:40:59,724 --> 00:41:01,858
No, we needn't throw
the case out.
751
00:41:01,860 --> 00:41:03,726
We fall back to the dark ages
752
00:41:03,728 --> 00:41:05,895
because
of theFulminantedecision?
753
00:41:05,897 --> 00:41:07,764
You suggest
we find some guy
754
00:41:07,766 --> 00:41:09,799
with body parts
in his freezer
755
00:41:09,801 --> 00:41:12,702
and let him walk
because some cop
756
00:41:12,704 --> 00:41:13,803
got too rough with him?
757
00:41:13,805 --> 00:41:15,805
That is hardly pertinent, Ben.
758
00:41:15,807 --> 00:41:19,175
The Supreme Court's decision
is based on the belief
759
00:41:19,177 --> 00:41:23,613
that the jury can be instructed
to disregard certain remarks.
760
00:41:23,615 --> 00:41:26,149
You warned him, judge.
761
00:41:26,150 --> 00:41:28,684
"One mention of the confession,
and I'll throw the case out."
762
00:41:28,687 --> 00:41:30,119
That was to both of us.
763
00:41:30,121 --> 00:41:33,857
I know what I said, gentlemen
764
00:41:33,859 --> 00:41:36,826
and I'm familiar with the law.
765
00:41:36,828 --> 00:41:38,695
That's enough
for today.
766
00:41:38,697 --> 00:41:41,030
I'll have a decision
tomorrow morning.
767
00:41:42,834 --> 00:41:45,101
JUDGE:
counselor.my ruling,
768
00:41:45,103 --> 00:41:47,103
You're guaranteeing
a conviction.
769
00:41:47,105 --> 00:41:48,638
Why bother..?
770
00:41:48,640 --> 00:41:49,706
Why bother
771
00:41:49,708 --> 00:41:51,908
following the guidelines
772
00:41:51,909 --> 00:41:54,109
of the supreme court
of the United States?
773
00:41:54,112 --> 00:41:55,845
Those guidelines violate
774
00:41:55,847 --> 00:41:59,082
my client's right
against self-incrimination.
775
00:41:59,084 --> 00:42:01,684
Last year's automatic mistrial
776
00:42:01,686 --> 00:42:03,786
is this year's harmless error.
777
00:42:03,788 --> 00:42:07,090
The Supreme Court has spoken,
Mr. Lambrusco.
778
00:42:07,092 --> 00:42:10,093
Now it's the law
of the land.
779
00:42:10,095 --> 00:42:12,262
Bottom line, counselor.
780
00:42:12,264 --> 00:42:16,733
In addition to whatever else
the prosecution can prove
781
00:42:16,735 --> 00:42:20,737
your client is guilty
of bad timing.
782
00:42:20,739 --> 00:42:23,873
Defense motion for a mistrial
is denied.
783
00:42:23,875 --> 00:42:25,742
Thank you, Your Honor.
784
00:42:25,744 --> 00:42:29,946
Give me ten minutes, please,
then bring in the jury.
785
00:42:29,948 --> 00:42:33,650
STONE:
The world in which
Daniel Magadan, Jr. lives
786
00:42:33,652 --> 00:42:35,752
has a very simple set of rules.
787
00:42:35,754 --> 00:42:40,023
You buy three truckloads
of cement, you pay for two.
788
00:42:40,025 --> 00:42:42,825
An honest building inspector
789
00:42:42,827 --> 00:42:47,697
discovers your pattern
of extortion and illegal payoffs
790
00:42:47,699 --> 00:42:51,901
you toss him 60 stories
onto 48th Street.
791
00:42:51,903 --> 00:42:54,771
A police officer testifies
against you
792
00:42:54,773 --> 00:42:57,173
you put three bullets in him.
793
00:42:57,175 --> 00:43:00,777
The law has a set of rules too.
794
00:43:00,779 --> 00:43:05,048
Not simple,
but ultimately unequivocal.
795
00:43:05,050 --> 00:43:09,052
You kill a cop, you go to jail.
796
00:43:09,054 --> 00:43:11,955
You don't get out.
797
00:43:13,058 --> 00:43:14,824
BAILIFF:
All rise.
798
00:43:14,826 --> 00:43:18,861
Court of judge manuel leon
is now in session.
799
00:43:19,965 --> 00:43:22,231
Be seated.
800
00:43:25,303 --> 00:43:27,036
Technically, Mr. Magadan
801
00:43:27,038 --> 00:43:30,807
you've been found guilty
of murder in the first degree
802
00:43:30,809 --> 00:43:31,908
which is reserved
803
00:43:31,910 --> 00:43:34,777
for the killing
of a police officer
804
00:43:34,779 --> 00:43:37,030
in the line of duty.
805
00:43:37,031 --> 00:43:39,282
The death penalty having
been held unconstitutional
806
00:43:39,284 --> 00:43:41,751
by our court of appeals
in Albany
807
00:43:41,753 --> 00:43:44,287
renders me powerless
to sentence you
808
00:43:44,289 --> 00:43:47,724
to the punishment
you so richly deserve.
809
00:43:47,726 --> 00:43:50,360
The court, therefore,
sentences you
810
00:43:50,362 --> 00:43:55,798
to a term of 25 years
to life imprisonment.
811
00:43:55,800 --> 00:43:59,302
The people have recommended
the severest limitation
812
00:43:59,304 --> 00:44:02,138
for any possibility of parole
813
00:44:02,140 --> 00:44:06,843
and I see no reason to disagree.
814
00:44:11,916 --> 00:44:14,917
Maybe life wasn't enough
of a sentence.
815
00:44:16,254 --> 00:44:19,122
That's what the law allows.
816
00:44:19,124 --> 00:44:21,057
I can live with it.
817
00:44:24,996 --> 00:44:27,363
I know I went over the line.
818
00:44:27,365 --> 00:44:30,366
I was down on myself
for a while.
819
00:44:30,368 --> 00:44:35,038
Even though I, you know,
try to rationalize it.
820
00:44:40,278 --> 00:44:45,281
I have to find a way
to forgive myself.
821
00:44:45,283 --> 00:44:48,284
Acceptance, Logan.
822
00:44:48,286 --> 00:44:49,352
That's the...
823
00:44:49,354 --> 00:44:50,853
Yeah.
824
00:44:50,855 --> 00:44:54,857
That's the last stage, right?
825
00:45:02,167 --> 00:45:05,301
Max's death...
826
00:45:05,303 --> 00:45:07,303
I accept it
827
00:45:07,305 --> 00:45:10,306
but I'll never accept it.
828
00:45:10,308 --> 00:45:13,242
You know?
829
00:45:15,313 --> 00:45:18,247
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830
00:45:18,249 --> 00:45:21,250
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