1
00:00:01,369 --> 00:00:03,436
<i> the people are represented</i>

2
00:00:03,437 --> 00:00:05,504
<i> by two separate</i>
 <i> yet equally important groups:</i>

3
00:00:05,506 --> 00:00:07,539
<i> the police,</i>
    <i> who investigate crime</i>

4
00:00:07,541 --> 00:00:10,309
<i> and the district attorneys</i>
  <i> who prosecute the offenders.</i>

5
00:00:10,311 --> 00:00:12,378
<i> These are their stories.</i>

6
00:00:15,016 --> 00:00:16,415
Can't you hold it?

7
00:00:16,417 --> 00:00:18,150
No, I can't.

8
00:00:18,152 --> 00:00:19,585
Why the hell not?

9
00:00:19,587 --> 00:00:22,121
See, you're
              just like my wife.

10
00:00:22,123 --> 00:00:24,356
When we go to Jones Beach
                  with the kids,

11
00:00:24,358 --> 00:00:26,625
she stops six times
along the way.

12
00:00:26,627 --> 00:00:28,360
So I tell her,
"Put a cork in it."

13
00:00:28,362 --> 00:00:32,364
She says,
             "No, no, pull over.
                  I have to go."

14
00:00:32,366 --> 00:00:33,799
Maybe if you had
put a cork in it,

15
00:00:33,801 --> 00:00:35,801
she wouldn't have
had six kids

16
00:00:35,803 --> 00:00:37,369
and ruined
her plumbing.

17
00:00:37,371 --> 00:00:38,637
MAN:
What's are you talking about?

18
00:00:38,639 --> 00:00:40,072
WOMAN:
What do you mean,
what am I talking about?

19
00:00:40,073 --> 00:00:41,506
MAN:
What's going on?
Why are you doing this?

20
00:00:41,509 --> 00:00:43,809
WOMAN:
Well, what did you think
that I would do?

21
00:00:43,811 --> 00:00:45,377
(<i> man and woman</i>
<i>continue arguing</i> )

22
00:00:45,379 --> 00:00:47,646
Would you
                 do me a favor--

23
00:00:47,648 --> 00:00:49,615
get me a cruller?

24
00:00:49,617 --> 00:00:54,286
WOMAN:
Why don't you just try
to figure it out?

25
00:00:54,288 --> 00:00:56,388
I have no idea
            why you're so upset,
               and that's why...

26
00:00:56,390 --> 00:00:58,524
Come out of there
          this minute. Come out!

27
00:00:58,526 --> 00:01:00,559
Hey, sister,

28
00:01:00,561 --> 00:01:02,361
got some spare change?

29
00:01:05,833 --> 00:01:09,435
Can I get a cruller
     and a coffee regular?

30
00:01:09,437 --> 00:01:10,569
<i>I want you to marry me.</i>

31
00:01:10,571 --> 00:01:11,670
<i>Why would I...?</i>

32
00:01:17,144 --> 00:01:20,479
That will be
a buck and a quarter.

33
00:01:26,153 --> 00:01:28,687
<i> You can't ask me</i>
               <i> to marry you</i>

34
00:01:28,689 --> 00:01:31,390
<i> when five minutes before</i>
<i> you're flirting...</i>

35
00:01:31,392 --> 00:01:34,226
Your change.

36
00:01:37,164 --> 00:01:40,399
HOOKER:
Keep your hands
inside the police car.

37
00:01:40,401 --> 00:01:42,668
OFFICER:
         I never moved my hands.

38
00:01:42,670 --> 00:01:45,404
HOOKER:
Keep your hands
on the wheel.

39
00:01:45,406 --> 00:01:48,674
WOMAN:
This was supposed to be
<i>my</i> night.

40
00:01:48,676 --> 00:01:53,145
I don't think we can
start all over again, Nathan.

41
00:01:53,147 --> 00:01:54,413
Let's do it.
               Let's just do it.

42
00:01:54,415 --> 00:01:55,681
We'll do it tonight.

43
00:01:55,683 --> 00:01:56,682
Oh, God,
stop bugging me.

44
00:01:56,684 --> 00:01:57,683
"Bugging you"?

45
00:01:57,685 --> 00:01:59,651
Is that what you call this?

46
00:01:59,653 --> 00:02:01,353
Mimi!

47
00:02:03,624 --> 00:02:06,658
HOMELESS MAN:
                Hey!

48
00:02:06,660 --> 00:02:08,360
No, no bag.

49
00:02:15,669 --> 00:02:17,236
Nathan?

50
00:02:17,238 --> 00:02:19,204
Aw, damn it.

51
00:02:19,206 --> 00:02:20,739
Nathan!

52
00:02:25,479 --> 00:02:28,614
(<i> screaming</i> )

53
00:02:28,616 --> 00:02:29,648
Help me!

54
00:02:29,650 --> 00:02:30,649
Help!

55
00:02:30,651 --> 00:02:32,651
Help! Help! Help!

56
00:02:32,653 --> 00:02:37,356
RADIO DISPATCHER:
      Assistance requested
     at 74th and Columbus.

57
00:02:37,358 --> 00:02:39,925
10-4, Central.

58
00:02:39,927 --> 00:02:42,394
(<i> turns on siren</i> )

59
00:02:42,396 --> 00:02:44,496
MIMI:
                           Help!

60
00:02:44,498 --> 00:02:45,631
Help me here!

61
00:02:45,633 --> 00:02:46,932
Help!

62
00:02:46,934 --> 00:02:49,701
Help me! Help!

63
00:02:49,703 --> 00:02:50,936
Police!

64
00:02:50,938 --> 00:02:52,404
Out of the way!

65
00:02:52,406 --> 00:02:53,639
Move it! Move it!

66
00:02:53,641 --> 00:02:55,607
MIMI:
Honey, you're
going to be all right.

67
00:02:55,609 --> 00:02:57,776
It's okay, honey.
You're going to be all right.

68
00:02:57,778 --> 00:02:59,711
Just you
hang in there.

69
00:03:05,619 --> 00:03:10,656
<font color="
NBC/UNIVERSAL

70
00:04:08,616 --> 00:04:10,682
(<i> siren wails )</i>

71
00:04:23,397 --> 00:04:24,663
And night before last,

72
00:04:24,665 --> 00:04:27,499
there was a naked man
with a crossbow

73
00:04:27,501 --> 00:04:30,269
running up and down
west 74th Street.

74
00:04:30,271 --> 00:04:32,504
Where did he
keep the arrows?

75
00:04:32,506 --> 00:04:34,473
How come every freak
in the country

76
00:04:34,475 --> 00:04:36,525
lives in New York?

77
00:04:36,526 --> 00:04:38,576
Why don't some of you people
move to Nebraska?

78
00:04:38,579 --> 00:04:40,512
I'm from Nebraska, sweetie.

79
00:04:40,514 --> 00:04:42,347
How do you think I got this way?

80
00:04:42,349 --> 00:04:44,783
All right, did anybody see
the actual stabbing?

81
00:04:44,785 --> 00:04:46,451
The one we're talking about?

82
00:04:47,588 --> 00:04:50,522
Let's get some names.

83
00:04:50,524 --> 00:04:53,292
Elsie Hatch.

84
00:04:53,294 --> 00:04:56,561
186 West 74.

85
00:04:57,665 --> 00:04:59,364
Sal Violet.

86
00:04:59,366 --> 00:05:01,600
V-i-o-l-e-t.

87
00:05:01,602 --> 00:05:04,469
The Hampstead, Room 1220.

88
00:05:07,675 --> 00:05:09,875
Murdoch.

89
00:05:09,877 --> 00:05:11,443
Address?

90
00:05:11,445 --> 00:05:13,495
The Sherry
                    Netherland--

91
00:05:13,496 --> 00:05:15,546
a little<i> pied-a-terre</i> for those
     gala Dumpster parties.

92
00:05:15,549 --> 00:05:16,481
Riverside Park
in 80s.

93
00:05:16,483 --> 00:05:18,417
I got to go.

94
00:05:18,419 --> 00:05:19,551
Hey, hey, hey, hey.

95
00:05:19,553 --> 00:05:21,420
I didn't see anything.

96
00:05:21,422 --> 00:05:22,587
CERRETA:
                  Of course not.

97
00:05:22,589 --> 00:05:24,389
Was she in the box?

98
00:05:24,391 --> 00:05:25,891
I didn't see anybody
in the box.

99
00:05:25,893 --> 00:05:28,960
Okay, but you all did see
Mr. Robbins fall to the ground?

100
00:05:30,464 --> 00:05:33,498
You were all standing there.

101
00:05:33,500 --> 00:05:36,668
There...<i> was</i> a guy.

102
00:05:36,670 --> 00:05:38,403
LOGAN:
                          Fine.

103
00:05:38,405 --> 00:05:39,771
Describe him.

104
00:05:39,773 --> 00:05:41,640
5'10".

105
00:05:41,642 --> 00:05:43,642
Uh-uh.
         6'2" at least.

106
00:05:43,644 --> 00:05:44,643
Ma'am?

107
00:05:44,645 --> 00:05:46,645
A man went running away.

108
00:05:46,647 --> 00:05:48,847
He was well over six feet.

109
00:05:48,849 --> 00:05:50,549
What was he wearing?

110
00:05:50,551 --> 00:05:51,883
HATCH:
                    a red parka.

111
00:05:51,885 --> 00:05:54,386
A greasy red parka.

112
00:05:54,388 --> 00:05:55,654
A parka?

113
00:05:55,655 --> 00:05:56,921
I'm sitting here,
    I'm sweating like a pig,

114
00:05:56,924 --> 00:05:59,424
and you're telling me
  this guy was in a ski parka?

115
00:05:59,426 --> 00:06:00,425
No, no, no,
no, no.

116
00:06:00,427 --> 00:06:01,927
He was wearing overalls.

117
00:06:01,929 --> 00:06:04,796
I've seen this slob before,
  sleeping in cardboard boxes.

118
00:06:04,798 --> 00:06:06,598
Miss Murdoch?

119
00:06:06,600 --> 00:06:08,734
It happened too fast.

120
00:06:08,736 --> 00:06:10,502
Did you get a look at the man
          in the box?

121
00:06:10,504 --> 00:06:12,554
I need new glasses.

122
00:06:12,555 --> 00:06:14,605
They told me at Social Services
    I could get some, but...

123
00:06:14,608 --> 00:06:17,008
I saw a red parka

124
00:06:17,010 --> 00:06:19,644
with a torn pocket.

125
00:06:19,646 --> 00:06:20,779
Okay.

126
00:06:20,781 --> 00:06:22,447
The red parka, huh--

127
00:06:22,449 --> 00:06:24,649
was he in the box?

128
00:06:24,651 --> 00:06:25,884
No.

129
00:06:25,886 --> 00:06:27,552
Running away.

130
00:06:27,554 --> 00:06:29,171
Oh, man.

131
00:06:29,172 --> 00:06:30,789
I just talked to the people
            in E.R.

132
00:06:30,791 --> 00:06:32,557
The kid was D.O.A.

133
00:06:36,497 --> 00:06:38,764
Isn't it funny
            how three bystanders

134
00:06:38,766 --> 00:06:42,401
failed to notice a stabbing
     right under their noses?

135
00:06:42,403 --> 00:06:44,836
Where was the girlfriend
during all this?

136
00:06:44,838 --> 00:06:46,838
She was inside
                the coffee shop.

137
00:06:46,840 --> 00:06:48,473
Or just coming out.
                       Whatever.

138
00:06:48,475 --> 00:06:50,509
Everything everyone saw
         is contradictory.

139
00:06:50,511 --> 00:06:52,577
Okay, it was
              a lovers' quarrel.

140
00:06:52,579 --> 00:06:54,880
But she shivs him
                three witnesses?

141
00:06:54,882 --> 00:06:56,581
Well, they were<i> great</i>
witnesses.

142
00:06:56,583 --> 00:06:57,916
Crime of passion
could explain

143
00:06:57,918 --> 00:06:59,985
why he still had
the wallet on him.

144
00:06:59,987 --> 00:07:01,453
Or a botched robbery.

145
00:07:01,455 --> 00:07:02,721
Yeah, all right,
forget the girlfriend.

146
00:07:02,723 --> 00:07:03,989
Let's say it was a mugger.

147
00:07:03,991 --> 00:07:05,724
He got scared off before
he could get to the money.

148
00:07:05,726 --> 00:07:06,725
Or maybe he just got mad

149
00:07:06,727 --> 00:07:08,493
because somebody
                kicked his box.

150
00:07:08,495 --> 00:07:09,461
Well, wouldn't you?

151
00:07:09,463 --> 00:07:10,729
Don't you kick my box.

152
00:07:10,731 --> 00:07:14,599
Let's  got find out if
          that girl's recovered.

153
00:07:18,539 --> 00:07:19,538
All right, Mimi.

154
00:07:19,540 --> 00:07:21,540
You were
             in the coffee shop.

155
00:07:21,542 --> 00:07:22,808
Then you came out.

156
00:07:22,810 --> 00:07:24,776
What's the first
                thing you saw?

157
00:07:24,778 --> 00:07:25,777
I don't know.

158
00:07:25,779 --> 00:07:26,812
I don't remember.

159
00:07:26,814 --> 00:07:28,713
Did you see the guy
          in the box?

160
00:07:28,715 --> 00:07:30,015
No.

161
00:07:30,017 --> 00:07:34,486
Did you see a man
               in a red jacket?

162
00:07:34,488 --> 00:07:37,055
All I saw
    were Nathan's feet--

163
00:07:37,057 --> 00:07:41,493
his legs sticking out
      from under that box.

164
00:07:42,529 --> 00:07:45,797
What were you and Nathan
arguing about?

165
00:07:45,799 --> 00:07:47,532
We weren't arguing.

166
00:07:47,534 --> 00:07:52,704
We... we never fought,
hardly ever.

167
00:07:52,706 --> 00:07:56,708
We were just having
a discussion, okay?

168
00:07:56,710 --> 00:07:57,943
Okay.

169
00:07:57,945 --> 00:07:59,845
What were you discussing?

170
00:08:01,582 --> 00:08:03,782
It was private.

171
00:08:03,784 --> 00:08:06,051
Miss Sternhagen,

172
00:08:06,053 --> 00:08:09,588
I know it's a very rough time
       for you right now,

173
00:08:09,590 --> 00:08:12,824
but this
                  is a homicide
                  investigation,

174
00:08:12,826 --> 00:08:16,995
and from here on,
very few things will be private.

175
00:08:16,997 --> 00:08:19,064
Well, we weren't fighting.

176
00:08:19,066 --> 00:08:21,967
You were animated?

177
00:08:21,969 --> 00:08:23,502
Maybe.

178
00:08:23,504 --> 00:08:25,504
All right,
                      all right.

179
00:08:25,506 --> 00:08:27,739
About anything in particular?

180
00:08:27,741 --> 00:08:29,140
Um...

181
00:08:29,142 --> 00:08:32,544
well, we were at a party,

182
00:08:32,546 --> 00:08:34,813
and we were both kind of bombed.

183
00:08:36,517 --> 00:08:38,049
I just...

184
00:08:38,051 --> 00:08:42,521
I didn't want to be proposed to
           like that.

185
00:08:42,523 --> 00:08:45,156
I always thought it would be

186
00:08:45,158 --> 00:08:48,960
on a boat sailing to Paris
         or something,

187
00:08:48,962 --> 00:08:52,097
not him waving
a ring around, going

188
00:08:52,099 --> 00:08:55,767
"Let's do it,
                   let's do it."

189
00:08:55,769 --> 00:08:57,802
Then what happened?

190
00:08:59,740 --> 00:09:01,640
(<i> sighs )</i>

191
00:09:01,642 --> 00:09:03,942
I walked into the coffee shop.

192
00:09:03,944 --> 00:09:06,077
I walked out.

193
00:09:06,079 --> 00:09:08,046
Nathan was gone.

194
00:09:08,048 --> 00:09:12,117
Mimi, the ring-- the one he's
 waving-- what happened to it?

195
00:09:12,119 --> 00:09:14,152
I don't know.

196
00:09:20,060 --> 00:09:23,061
Did you ever see him
            with a knife?

197
00:09:23,063 --> 00:09:25,063
If I say yes,

198
00:09:25,064 --> 00:09:27,064
does that get him
 out of my doorway permanently?

199
00:09:27,067 --> 00:09:29,167
Hey, listen, you help us,
      we'll help you, all right?

200
00:09:29,169 --> 00:09:30,802
Tony, take this.

201
00:09:30,804 --> 00:09:32,938
Look, the guy is crazy.

202
00:09:32,940 --> 00:09:36,608
He thinks everybody he sees
is a KGB agent.

203
00:09:36,610 --> 00:09:39,578
I told him the Cold War
was over, kaput,

204
00:09:39,580 --> 00:09:42,013
so he thinks
I'm a KGB agent,

205
00:09:42,015 --> 00:09:43,114
trying to fake him out.

206
00:09:43,116 --> 00:09:44,115
The knife?

207
00:09:44,117 --> 00:09:46,184
I never saw a knife.

208
00:09:46,186 --> 00:09:47,953
Okay, describe him.

209
00:09:47,955 --> 00:09:49,955
5'10", crewcut.

210
00:09:49,957 --> 00:09:51,590
That makes it
                   a lot easier.

211
00:09:51,592 --> 00:09:52,591
Color?

212
00:09:52,593 --> 00:09:53,725
Yellow.

213
00:09:53,726 --> 00:09:54,858
What do you mean, yellow,
    like Chinese?

214
00:09:54,861 --> 00:09:56,161
Like jaundice.

215
00:09:56,163 --> 00:09:58,229
A lot of these street people
have hepatitis

216
00:09:58,231 --> 00:10:00,098
and God knows what else.

217
00:10:00,100 --> 00:10:02,100
Does he usually
wear a red parka?

218
00:10:02,102 --> 00:10:04,836
No, overalls.

219
00:10:04,838 --> 00:10:06,838
Do you have any idea

220
00:10:06,840 --> 00:10:10,108
where else
            he might hang out?

221
00:10:10,110 --> 00:10:11,943
Actually, he told me
one time

222
00:10:11,945 --> 00:10:14,980
I should stay away from the lake
in Central Park.

223
00:10:14,982 --> 00:10:16,948
Did he say why?

224
00:10:16,950 --> 00:10:18,617
Yeah.

225
00:10:18,619 --> 00:10:21,886
It's CIA. Headquarters
in New York.

226
00:10:21,888 --> 00:10:23,054
Lemonhead.

227
00:10:23,056 --> 00:10:25,106
Got to be.

228
00:10:25,107 --> 00:10:27,157
'Cause his head
             looks like a lemon.

229
00:10:27,160 --> 00:10:29,894
Does he have
a last name?

230
00:10:29,896 --> 00:10:30,929
Tyler.

231
00:10:30,931 --> 00:10:32,163
No, no, Taters.

232
00:10:32,165 --> 00:10:33,131
What?

233
00:10:33,133 --> 00:10:34,132
Taters.

234
00:10:34,134 --> 00:10:35,133
Lemonhead Taters?

235
00:10:35,135 --> 00:10:36,735
MAN:
Tatum.

236
00:10:36,737 --> 00:10:38,136
Christian Tatum.

237
00:10:38,138 --> 00:10:39,137
Drinking scotch.

238
00:10:39,139 --> 00:10:40,839
That's right.

239
00:10:40,841 --> 00:10:43,842
This doesn't look like
the scotch and soda crowd to me.

240
00:10:43,844 --> 00:10:45,777
Yeah, yeah, not too many
                 social drinkers

241
00:10:45,779 --> 00:10:47,779
sleeping in the park.

242
00:10:47,781 --> 00:10:51,683
Son of a bitch
        wouldn't pass it around.

243
00:10:51,685 --> 00:10:52,751
He's selfish?

244
00:10:52,753 --> 00:10:54,219
He got up
                     in my face.

245
00:10:54,221 --> 00:10:56,121
He said he'd killed
                 one guy already

246
00:10:56,123 --> 00:10:57,889
and he'd do me two

247
00:10:57,891 --> 00:11:01,126
if I didn't get my hands
               off of his booze.
That's RIGHT.

248
00:11:01,128 --> 00:11:02,160
You think he did?

249
00:11:02,162 --> 00:11:04,162
Kill a guy?

250
00:11:04,164 --> 00:11:06,031
Last week
                  he said he cut
                    the privates

251
00:11:06,033 --> 00:11:08,933
off somebody
    from the CIA.

252
00:11:08,935 --> 00:11:12,037
Mm-hmm. You have any idea
where he is now?

253
00:11:12,039 --> 00:11:13,938
He had a meeting
                    with...

254
00:11:13,940 --> 00:11:15,173
what's his name?

255
00:11:15,175 --> 00:11:16,174
William Casey.

256
00:11:16,176 --> 00:11:20,779
Down at
the Dunsmore Arms.

257
00:11:27,187 --> 00:11:29,254
(<i> coughing )</i>

258
00:11:29,256 --> 00:11:32,290
What can I do for you?

259
00:11:32,292 --> 00:11:35,193
You know a guy by the name
of Christian Tatum?

260
00:11:35,195 --> 00:11:36,695
Yeah.

261
00:11:36,697 --> 00:11:38,930
Would you mind
         pointing him out to us?

262
00:11:38,932 --> 00:11:41,232
He's not there.

263
00:11:41,234 --> 00:11:43,134
Try room 40.

264
00:12:01,154 --> 00:12:03,088
Mr. Tatum?

265
00:12:03,090 --> 00:12:05,090
Lemonhead!

266
00:12:05,092 --> 00:12:08,159
We have a warrant
for your arrest.

267
00:12:14,234 --> 00:12:17,836
LOGAN:
      Well, no lemonhead.

268
00:12:17,838 --> 00:12:21,106
But we got a red jacket.

269
00:12:21,108 --> 00:12:23,108
Torn pocket?

270
00:12:23,110 --> 00:12:24,275
Yep.

271
00:12:29,850 --> 00:12:30,849
CERRETA:
Hey!

272
00:12:30,851 --> 00:12:32,050
Hey!

273
00:12:36,323 --> 00:12:38,857
Are you
                Christian Tatum?

274
00:12:38,859 --> 00:12:40,992
Answer me,
                      yes or no.

275
00:12:40,994 --> 00:12:42,127
Yep.

276
00:12:42,129 --> 00:12:44,129
You have the right
              to remain silent

277
00:12:44,131 --> 00:12:45,930
and refuse to answer
                  any questions.

278
00:12:45,932 --> 00:12:48,516
Do you understand that?

279
00:12:48,517 --> 00:12:51,101
¶ Oh, the monkey wrapped
his tail around the flagpole ¶

280
00:12:51,104 --> 00:12:52,871
¶ 'Round the flagpole... ¶

281
00:12:52,873 --> 00:12:55,340
Take your time.

282
00:12:55,342 --> 00:12:59,844
I want the good-looking one--
bachelor number two.

283
00:13:02,949 --> 00:13:05,183
Number two,
     step forward, please.

284
00:13:08,021 --> 00:13:10,321
A romantic weekend in Miami.

285
00:13:10,323 --> 00:13:12,290
All expenses paid.

286
00:13:12,292 --> 00:13:14,826
Get her
    the hell out of here.

287
00:13:15,796 --> 00:13:19,130
Number two,
                     step back.

288
00:13:21,334 --> 00:13:23,168
Number four, step back.

289
00:13:23,170 --> 00:13:24,903
Earth
to number four!

290
00:13:24,905 --> 00:13:26,905
Step back.

291
00:13:27,908 --> 00:13:28,973
Step back.

292
00:13:28,975 --> 00:13:31,843
For the record,
I'd like it noted

293
00:13:31,845 --> 00:13:33,111
that your witness

294
00:13:33,113 --> 00:13:35,113
isn't exactly
grounded either.

295
00:13:35,115 --> 00:13:37,148
LOGAN:
                     So noted,
                     Miss Fahey.

296
00:13:37,150 --> 00:13:40,218
All right, Sal.

297
00:13:40,220 --> 00:13:43,254
Could you have them
turn around?

298
00:13:48,195 --> 00:13:54,032
Turn around
and face the rear.

299
00:13:59,239 --> 00:14:00,471
Number three.

300
00:14:00,473 --> 00:14:04,175
I never forget
a nice behind.

301
00:14:04,177 --> 00:14:05,944
Was he or was he not

302
00:14:05,946 --> 00:14:08,079
in the vicinity
        of the stabbing?

303
00:14:08,081 --> 00:14:09,214
Well, no, but...

304
00:14:09,216 --> 00:14:10,882
Next.

305
00:14:12,219 --> 00:14:15,153
LOGAN:
                   Okay, you can
                   face forward.

306
00:14:29,002 --> 00:14:30,902
No.

307
00:14:30,904 --> 00:14:33,972
Are you sure?

308
00:14:33,974 --> 00:14:36,207
Absolutely.

309
00:14:36,209 --> 00:14:38,476
The one you saw
                 running away--

310
00:14:38,478 --> 00:14:41,112
the one
            in the red parka?

311
00:14:41,114 --> 00:14:43,181
He's not there.

312
00:14:46,152 --> 00:14:48,219
Although...

313
00:14:48,221 --> 00:14:49,921
Yes?

314
00:14:52,926 --> 00:14:55,059
Number four.

315
00:14:58,531 --> 00:15:01,099
He was there, too.

316
00:15:01,101 --> 00:15:02,233
Too?

317
00:15:02,235 --> 00:15:04,202
Two guys.

318
00:15:04,204 --> 00:15:06,104
Two<i> different</i> guys.

319
00:15:06,106 --> 00:15:07,171
Yeah.

320
00:15:11,344 --> 00:15:15,079
What can you tell us
            about the ring?

321
00:15:15,081 --> 00:15:18,082
When is Mr. Rehnquist
         getting here?

322
00:15:18,084 --> 00:15:21,185
Oh, listen, he's caught up
in a Supreme Court thing.

323
00:15:21,187 --> 00:15:22,520
Hang tight.

324
00:15:27,027 --> 00:15:28,426
Miss Fahey.

325
00:15:28,428 --> 00:15:31,162
Crosstown traffic.
                      I'm sorry.

326
00:15:31,164 --> 00:15:34,098
We were just about
to extract a confession
from your client.

327
00:15:34,100 --> 00:15:36,100
Extract this, Logan.

328
00:15:37,337 --> 00:15:40,238
Miss Fahey's
            a hell of a lawyer.

329
00:15:40,240 --> 00:15:42,307
You don't have
to say anything

330
00:15:42,309 --> 00:15:44,175
you don't want to.

331
00:15:44,177 --> 00:15:45,176
Don't worry.

332
00:15:45,178 --> 00:15:46,177
He hasn't.

333
00:15:46,179 --> 00:15:48,579
Uh, all right, Christian,

334
00:15:48,581 --> 00:15:51,049
your attorney is here now.

335
00:15:51,051 --> 00:15:53,584
So what
                  about it, hmm?

336
00:15:53,586 --> 00:15:55,386
Hmm?

337
00:15:57,057 --> 00:15:59,190
It was
                in your jacket--

338
00:15:59,192 --> 00:16:00,992
the ring.

339
00:16:13,106 --> 00:16:15,540
It's not my jacket.

340
00:16:15,542 --> 00:16:17,542
You were wearing it.

341
00:16:17,544 --> 00:16:20,411
James put it over me.

342
00:16:20,413 --> 00:16:23,047
Would you explain that?

343
00:16:25,518 --> 00:16:31,022
I was safeguarding it
till I saw him again.

344
00:16:32,125 --> 00:16:33,224
Okay.

345
00:16:33,226 --> 00:16:35,493
You told your friends
            in the park

346
00:16:35,495 --> 00:16:37,128
you stabbed a man.

347
00:16:37,130 --> 00:16:38,596
Was James in on that?

348
00:16:38,598 --> 00:16:42,166
You should know.

349
00:16:43,370 --> 00:16:47,271
But, uh, I don't know.

350
00:16:51,277 --> 00:16:53,544
I didn't stab anybody.

351
00:16:53,546 --> 00:16:56,180
James did.

352
00:16:56,182 --> 00:16:59,584
But I... helped him.

353
00:17:05,258 --> 00:17:07,325
How?

354
00:17:10,163 --> 00:17:12,430
I was a lookout.

355
00:17:18,538 --> 00:17:20,671
In your box?

356
00:17:20,673 --> 00:17:23,408
In my box.

357
00:17:29,115 --> 00:17:31,149
Problem?

358
00:17:31,151 --> 00:17:32,283
Maybe.

359
00:17:32,285 --> 00:17:35,119
Look, this other guy theory...

360
00:17:35,121 --> 00:17:38,289
I thought that was solid based
on the old lady with the dog.

361
00:17:38,291 --> 00:17:39,557
Yeah, Miss Hatch.

362
00:17:39,559 --> 00:17:41,492
But the second guy,
coming from Lemonhead,

363
00:17:41,494 --> 00:17:44,228
it sounds like a kid's
imaginary playmate.

364
00:17:44,230 --> 00:17:46,330
You know, "my friend James
who lives in the park"?

365
00:17:46,332 --> 00:17:47,565
Or outer space.

366
00:17:47,567 --> 00:17:50,168
Well, see if you can find out

367
00:17:50,170 --> 00:17:52,570
whether "friend James"
        is real or not.

368
00:17:52,572 --> 00:17:55,239
If that doesn't work,
        call Dr. Olivet.

369
00:17:56,709 --> 00:18:00,178
I didn't stab anybody.

370
00:18:00,180 --> 00:18:04,315
Well, you told your friends
      in the park you did.

371
00:18:06,086 --> 00:18:08,086
That's for protection.

372
00:18:08,088 --> 00:18:09,187
Oh.

373
00:18:09,189 --> 00:18:11,289
You mean you made it up?

374
00:18:13,093 --> 00:18:15,159
Anything's possible.

375
00:18:18,098 --> 00:18:22,100
What about that CIA agent
           last week?

376
00:18:22,102 --> 00:18:25,403
You told your friends
     that you chopped off his...

377
00:18:25,405 --> 00:18:27,271
Stop that!

378
00:18:28,141 --> 00:18:29,407
Sorry.

379
00:18:34,347 --> 00:18:36,647
I've killed lots of people.

380
00:18:36,649 --> 00:18:39,183
Including Nathan Robbins?

381
00:18:54,734 --> 00:18:58,269
Word out is, there's a reward.

382
00:18:58,271 --> 00:19:02,306
I wouldn't know about that.

383
00:19:03,376 --> 00:19:06,177
You in a position to claim it?

384
00:19:06,179 --> 00:19:09,180
¶ Maybe yes, maybe no ¶

385
00:19:09,182 --> 00:19:13,317
¶ Anything is possible. ¶

386
00:19:15,221 --> 00:19:17,321
I know you don't want
        to hear this,

387
00:19:17,323 --> 00:19:19,724
but I don't believe
      he stabbed Robbins.

388
00:19:19,726 --> 00:19:22,460
You think
             he's capable of it?

389
00:19:22,462 --> 00:19:25,229
He told me
he's killed 17 people,

390
00:19:25,231 --> 00:19:26,797
give or take a few.

391
00:19:26,799 --> 00:19:29,567
Well, so he exaggerates.

392
00:19:29,569 --> 00:19:30,801
He's delusional.

393
00:19:30,803 --> 00:19:33,538
He sees and hears things
       that aren't there.

394
00:19:33,540 --> 00:19:35,673
He remembers things
      that never happened.

395
00:19:35,675 --> 00:19:37,542
What about all the stuff

396
00:19:37,543 --> 00:19:39,410
with the red parka
   and the imaginary homeboy?

397
00:19:39,412 --> 00:19:41,412
That sounds on the level.

398
00:19:41,414 --> 00:19:44,415
The way he described
   wearing that red jacket--

399
00:19:44,417 --> 00:19:47,618
it's... it's like
   a badge of honor with him.

400
00:19:47,620 --> 00:19:51,189
There is honor
 among these people, you know.

401
00:19:51,191 --> 00:19:53,257
CRAGEN:
               Fine. Great.
I'll accept that.

402
00:19:53,259 --> 00:19:56,694
So, what happened is,
              he's a psychopath,

403
00:19:56,696 --> 00:19:58,729
and he thought
   Robbins was attacking him

404
00:19:58,731 --> 00:20:00,598
when he started kicking his box,
        so he comes out,

405
00:20:00,600 --> 00:20:01,832
flies into a rage.

406
00:20:01,834 --> 00:20:03,434
He's psychotic.

407
00:20:03,436 --> 00:20:04,802
He's not psychopathic.

408
00:20:04,804 --> 00:20:06,771
What's the difference?

409
00:20:06,773 --> 00:20:08,773
Psychotic
is when you believe

410
00:20:08,775 --> 00:20:10,775
the doorman was sent
         from Planet X

411
00:20:10,777 --> 00:20:13,377
to put mind control devices
         in your teeth.

412
00:20:13,379 --> 00:20:15,780
Psychopathic is when you
     blow the doorman away

413
00:20:15,782 --> 00:20:17,782
and take out 20 other people
while you're at it.

414
00:20:17,784 --> 00:20:20,251
Now, come on,
you guys.

415
00:20:20,253 --> 00:20:22,420
You're making me late.

416
00:20:22,422 --> 00:20:25,656
And remember,
    in a moment of lucidity,

417
00:20:25,658 --> 00:20:28,759
he told me James lives
        under a big tree

418
00:20:28,761 --> 00:20:31,329
near the Bridle Path.

419
00:20:36,536 --> 00:20:39,870
And she said, she said,
     "What about Tuesday?"

420
00:20:39,872 --> 00:20:43,741
And then she said,<i> you</i> said,
     "What about Thursday?"

421
00:20:43,743 --> 00:20:44,875
(<i> chuckling</i> )

422
00:20:44,877 --> 00:20:47,478
And then she said,
           she said,

423
00:20:47,480 --> 00:20:51,349
(<i> imitating sound of crowd ):</i>
  "Da-ryl, da-ryl, da-ryl..."

424
00:20:51,351 --> 00:20:54,352
(<i> imitating announcer ):</i>
Security in section three,

425
00:20:54,354 --> 00:20:56,754
row 12, seat five-a,
      seat five-a, seat...

426
00:20:56,756 --> 00:20:59,557
I want the reward.

427
00:20:59,559 --> 00:21:02,360
I thought this guy James
was your friend.

428
00:21:03,763 --> 00:21:05,630
I'm flexible.

429
00:21:05,632 --> 00:21:07,531
Crazy,
                 but not stupid.

430
00:21:07,533 --> 00:21:08,866
Yeah, okay, listen.

431
00:21:08,868 --> 00:21:11,869
You help us find James,
and he's guilty,

432
00:21:11,871 --> 00:21:13,838
you'll get your reward, okay?
How's that?

433
00:21:32,892 --> 00:21:34,592
(<i> chuckles</i> )

434
00:21:39,365 --> 00:21:40,831
CERRETA:
Well, somebody
lives here.

435
00:21:40,833 --> 00:21:42,333
Maybe you?

436
00:21:42,335 --> 00:21:43,601
James.

437
00:21:43,603 --> 00:21:44,902
I told you.

438
00:21:49,809 --> 00:21:51,342
Ugh!

439
00:22:01,821 --> 00:22:04,689
Oh. Aha.

440
00:22:04,691 --> 00:22:07,825
Social Services I.D.

441
00:22:07,827 --> 00:22:10,628
James Joseph Polesky.

442
00:22:12,765 --> 00:22:14,465
Good.

443
00:22:16,402 --> 00:22:19,804
Well, he's got 28 bucks
in a savings account

444
00:22:19,806 --> 00:22:22,340
at Manufacturers Hanover.

445
00:22:22,342 --> 00:22:26,410
Well, well, well,
what have we here?

446
00:22:28,981 --> 00:22:30,715
It's a match.

447
00:22:30,717 --> 00:22:32,850
Blood on the handle is B-neg.

448
00:22:32,852 --> 00:22:35,619
Chest hair, hair samples
        match Robbins'.

449
00:22:35,621 --> 00:22:38,622
The size of the wound
            is consistent.

450
00:22:38,624 --> 00:22:39,790
That's all?

451
00:22:39,792 --> 00:22:42,827
Would Polesky's prints
            be overkill?

452
00:22:43,996 --> 00:22:49,400
CERRETA:
No. One thing I'm not really
clear on, Lem... Christian?

453
00:22:50,570 --> 00:22:52,002
If this was a robbery,

454
00:22:52,004 --> 00:22:53,604
then how come
your friend James

455
00:22:53,606 --> 00:22:55,673
didn't take
Mr. Robbins' wallet?

456
00:22:58,010 --> 00:23:00,010
He didn't see the wallet.

457
00:23:00,012 --> 00:23:01,912
He saw the ring.

458
00:23:01,914 --> 00:23:03,547
(<i> laughs</i> )

459
00:23:03,549 --> 00:23:04,782
If only he'd given James
        what he wanted,

460
00:23:04,784 --> 00:23:06,684
then everything
     would have been fine.

461
00:23:06,686 --> 00:23:08,486
CERRETA:
But he didn't
do that, huh?

462
00:23:08,488 --> 00:23:10,888
He held on to it.

463
00:23:10,890 --> 00:23:14,558
And then?

464
00:23:14,560 --> 00:23:16,827
And then
James stabbed him.

465
00:23:22,635 --> 00:23:24,502
Is that a yes?

466
00:23:24,504 --> 00:23:27,405
(<i> snickering</i> )

467
00:23:27,407 --> 00:23:28,639
FAHEY:
Christian?

468
00:23:32,779 --> 00:23:34,678
Yes, yes, yes.

469
00:23:36,783 --> 00:23:38,783
I think, uh...

470
00:23:38,785 --> 00:23:41,952
I'm going to get
              an arrest warrant.

471
00:23:46,692 --> 00:23:48,826
CERRETA:
James J. Polesky!

472
00:23:48,828 --> 00:23:50,661
What's going on?
                What's going on?

473
00:23:50,663 --> 00:23:52,830
I got him
Phil, you see him?

474
00:23:52,832 --> 00:23:54,498
Yeah.

475
00:23:54,500 --> 00:23:55,599
There he is!

476
00:23:57,637 --> 00:23:58,803
There he is!
Guys!

477
00:23:58,805 --> 00:24:00,838
You ain't going
                 anywhere.

478
00:24:00,840 --> 00:24:02,873
Get your hands
                  behind...!

479
00:24:02,875 --> 00:24:04,475
You're under arrest.

480
00:24:04,477 --> 00:24:06,577
You have the right
        to remain silent

481
00:24:06,579 --> 00:24:08,813
and to refuse
            to answer questions.

482
00:24:08,814 --> 00:24:11,048
Anything you do say
         may be used against you
              in a court of law.

483
00:24:13,085 --> 00:24:15,119
If we put you
in a lineup,

484
00:24:15,121 --> 00:24:17,488
we're gonna get
a positive make, James.

485
00:24:17,490 --> 00:24:20,958
So why don't you just
help yourself out, okay?

486
00:24:20,960 --> 00:24:23,127
Is there a deal
                 on the table?

487
00:24:23,129 --> 00:24:24,228
No.

488
00:24:24,230 --> 00:24:26,197
You want me
                   to sign this?

489
00:24:26,199 --> 00:24:27,699
Yes.

490
00:24:27,700 --> 00:24:29,200
Go pee up a rope.
(<i> chuckles )</i>

491
00:24:29,202 --> 00:24:32,670
I will, and then
I'm going to wrap it

492
00:24:32,672 --> 00:24:35,039
around your scrawny little neck.

493
00:24:35,041 --> 00:24:40,110
If this guy hits me,
I'm off the hook, right?

494
00:24:45,084 --> 00:24:47,017
We've got irrefutable physical
           evidence,

495
00:24:47,019 --> 00:24:48,769
we've got an eyewitness.

496
00:24:48,770 --> 00:24:50,520
You tell me, why would I
      want to make a deal?

497
00:24:50,523 --> 00:24:52,039
My client was drunk,

498
00:24:52,040 --> 00:24:53,556
and he has a history
       of impulsiveness.

499
00:24:53,559 --> 00:24:57,161
If you can sell that to a jury,
        try, Mr. Scoler,

500
00:24:57,163 --> 00:24:59,096
but I think they'll see it
            as I do:

501
00:24:59,098 --> 00:25:02,266
an opportunistic,
      cold-blooded killer.

502
00:25:02,268 --> 00:25:03,634
No deal.

503
00:25:06,005 --> 00:25:08,272
See you in court, then.

504
00:25:12,545 --> 00:25:14,612
He's going to turn this

505
00:25:14,614 --> 00:25:16,947
into a forum
 on the rights of the homeless.

506
00:25:16,949 --> 00:25:18,649
So let him.
    What's wrong with that?

507
00:25:18,651 --> 00:25:20,901
I'm seeing editorials
        in my head--

508
00:25:20,902 --> 00:25:23,152
<i> "Power of state</i> v.<i> Victim of</i>
 <i> Society, "</i> that kind of thing.

509
00:25:23,155 --> 00:25:24,989
We're going to get it
   from the other side, too.

510
00:25:24,991 --> 00:25:27,091
"Homeless lunatics--
  they kill innocent citizens.

511
00:25:27,093 --> 00:25:29,126
Is the State powerless
        to protect us?"

512
00:25:29,128 --> 00:25:31,295
Let's stop worrying about the
 ink we're getting, all right?

513
00:25:31,297 --> 00:25:33,998
I'm not, but the public's
       perception of us.

514
00:25:34,000 --> 00:25:36,000
We could have made a deal,
  saved a lot of bad feelings.

515
00:25:36,002 --> 00:25:38,202
I'm flexible on Lemonhead--
          he's crazy--

516
00:25:38,204 --> 00:25:41,038
but Polesky, he killed a man
         in cold blood,

517
00:25:41,040 --> 00:25:43,207
and homeless or not,
      we get a conviction,

518
00:25:43,209 --> 00:25:45,042
the public will see us

519
00:25:45,044 --> 00:25:47,144
in a very kindly light,
believe me.

520
00:25:47,146 --> 00:25:49,246
The charge is murder
           in the second degree.

521
00:25:49,248 --> 00:25:50,714
How does
            the defendant plead?

522
00:25:50,716 --> 00:25:52,049
Not guilty, Your Honor.

523
00:25:52,051 --> 00:25:54,118
Do the People wish
                    to set bail?

524
00:25:54,120 --> 00:25:56,120
Mr. Polesky is a transient,
          Your Honor.

525
00:25:56,122 --> 00:25:58,122
He has no ties to the community

526
00:25:58,124 --> 00:26:00,257
and given the viciousness
        of this crime...

527
00:26:00,259 --> 00:26:02,993
JUDGE:
        Bail is denied;
    defendant is remanded.

528
00:26:02,995 --> 00:26:07,164
In the case
  of<i> People</i> v. Christian Tatum,

529
00:26:07,166 --> 00:26:09,233
charge is murder
in the second degree,

530
00:26:09,235 --> 00:26:10,968
conspiracy and larceny.

531
00:26:10,970 --> 00:26:12,937
Your honor, the People
have turned nothing over to us.

532
00:26:12,939 --> 00:26:15,105
No bonds or disclosure forums,
             no...

533
00:26:15,107 --> 00:26:16,640
JUDGE:
                  Mr. Robinette?

534
00:26:16,642 --> 00:26:19,310
The People were never asked
      for V.D.F.s, Judge.

535
00:26:27,253 --> 00:26:31,622
Statement, witness I.D.,
arrest warrant...

536
00:26:31,624 --> 00:26:34,158
No search warrant?

537
00:26:38,230 --> 00:26:39,964
So, what happened?

538
00:26:39,966 --> 00:26:43,033
The judge had a problem
    with no search warrant.

539
00:26:43,035 --> 00:26:44,134
Come on, Paul!

540
00:26:44,136 --> 00:26:46,237
We took him
             where we found him.

541
00:26:46,238 --> 00:26:48,339
Look, I told him all that,
Mike. He didn't buy it.

542
00:26:48,341 --> 00:26:49,974
We were concerned
about securing the area,

543
00:26:49,976 --> 00:26:51,826
not worrying about
some search warrant.

544
00:26:51,827 --> 00:26:53,677
For all we knew,
that guy was in a closet
with a hunting knife.

545
00:26:53,679 --> 00:26:56,046
I understand.
     I need one of you guys

546
00:26:56,048 --> 00:26:57,681
to testify
  at the suppression hearing.

547
00:26:57,683 --> 00:26:59,249
I'll do it.

548
00:27:00,753 --> 00:27:02,219
As I was saying,

549
00:27:02,221 --> 00:27:05,222
the desk clerk directed us
to a vacant room.

550
00:27:05,224 --> 00:27:06,824
Lemonhead was not there.

551
00:27:06,826 --> 00:27:08,993
The jacket
was in plain sight...

552
00:27:08,995 --> 00:27:11,345
I understand, Detective.

553
00:27:11,346 --> 00:27:13,696
Nevertheless, I am going to
    grant the motion to suppress

554
00:27:13,699 --> 00:27:16,700
on the illegal search
      of the defendant's jacket.

555
00:27:16,702 --> 00:27:18,736
The ring belonging
              to the victim

556
00:27:18,738 --> 00:27:21,138
is hereby ruled
        inadmissible as evidence

557
00:27:21,140 --> 00:27:23,774
in<i> The People</i> v.
<i>Christian Tatum.</i>

558
00:27:26,212 --> 00:27:28,045
No ring, no case.

559
00:27:28,047 --> 00:27:31,181
I don't understand why
   you're being so obstinate.

560
00:27:31,183 --> 00:27:33,717
I'm not allowed
to plea down that far.

561
00:27:33,719 --> 00:27:35,219
Besides, he confessed.

562
00:27:35,221 --> 00:27:37,221
The man's<i> non compos mentis.</i>

563
00:27:37,223 --> 00:27:39,040
There's no way he
          understood his rights.

564
00:27:39,041 --> 00:27:40,858
Your client is
an accomplice to murder.

565
00:27:40,860 --> 00:27:43,127
How about
attempt rob two?

566
00:27:43,129 --> 00:27:45,630
Rob two.

567
00:27:45,631 --> 00:27:48,132
He testifies against Polesky,
he can get whatever help

568
00:27:48,134 --> 00:27:51,235
the system still has left
to offer him.

569
00:27:51,237 --> 00:27:53,404
All right. Deal.

570
00:27:53,406 --> 00:27:55,339
In writing.

571
00:27:59,812 --> 00:28:01,145
He was losing it.

572
00:28:01,147 --> 00:28:04,214
I thought I'd better
get him out of sight.

573
00:28:05,851 --> 00:28:08,185
Hello, Mr. Tatum.
             (<i> gasps )</i>

574
00:28:08,187 --> 00:28:11,221
I saw James
                     out there.

575
00:28:11,223 --> 00:28:13,040
I saw him!

576
00:28:13,041 --> 00:28:14,858
You didn't tell me
    James was gonna be here.

577
00:28:14,860 --> 00:28:17,161
James is the one
who's on trial, Mr. Tatum.

578
00:28:17,163 --> 00:28:18,896
Where do you think he'd be?

579
00:28:18,898 --> 00:28:21,732
Maybe I could, uh,
just get the reward

580
00:28:21,734 --> 00:28:24,201
and... and leave now, huh?

581
00:28:24,203 --> 00:28:26,370
James has a knife,
         you know that.

582
00:28:26,372 --> 00:28:29,173
I don't want him to see me.

583
00:28:29,175 --> 00:28:32,142
James doesn't have the knife
     anymore--  we have it.

584
00:28:32,144 --> 00:28:33,377
You just tell the court
what you saw James...

585
00:28:33,379 --> 00:28:35,145
He's going to kill me!
     Don't you understand?

586
00:28:35,147 --> 00:28:36,880
He's going to slice me!

587
00:28:36,882 --> 00:28:39,883
He's going to feed me
        to the pigeons!

588
00:28:39,885 --> 00:28:41,151
Quiet, okay?
Mr. Tatum...

589
00:28:41,153 --> 00:28:43,487
knock it off!

590
00:28:46,192 --> 00:28:47,224
Stand up.

591
00:28:49,161 --> 00:28:51,195
Your psychiatrist
tells me

592
00:28:51,197 --> 00:28:54,264
that you have moments
of rational thought.

593
00:28:54,266 --> 00:28:57,267
Now, we're going to go
back in there

594
00:28:57,269 --> 00:28:59,436
and we'll take care of you

595
00:28:59,438 --> 00:29:04,308
and<i> you</i> are going to have
one of those moments.

596
00:29:04,310 --> 00:29:09,213
Mr. Tatum,
were you offered a plea bargain

597
00:29:09,215 --> 00:29:14,218
in exchange
for today's testimony?

598
00:29:14,220 --> 00:29:15,486
Yes.

599
00:29:15,488 --> 00:29:18,455
And you have admitted
your part

600
00:29:18,457 --> 00:29:21,125
in the robbery
of Nathan Robbins.

601
00:29:21,127 --> 00:29:23,744
Is that correct?

602
00:29:23,745 --> 00:29:26,362
Yes, I was standing out front
      of the coffee shop,

603
00:29:26,365 --> 00:29:30,234
looking for somebody to rob.

604
00:29:30,236 --> 00:29:31,802
Somebody easy.

605
00:29:31,804 --> 00:29:34,505
STONE:
    Would you explain that?

606
00:29:34,507 --> 00:29:38,509
Well, somebody, you know,
       who was drunk or high,

607
00:29:38,511 --> 00:29:41,945
you know, so they...
   weren't thinking straight.

608
00:29:41,947 --> 00:29:45,182
Was this plan your idea?

609
00:29:45,184 --> 00:29:46,350
No.

610
00:29:46,352 --> 00:29:48,185
It was... was James'.

611
00:29:48,187 --> 00:29:51,255
Is James
in this courtroom?

612
00:29:57,229 --> 00:30:00,798
STONE:
    Let the record indicate
  that the witness is pointing

613
00:30:00,800 --> 00:30:03,967
at the defendant,
James Polesky.

614
00:30:03,969 --> 00:30:06,470
What was James doing the night

615
00:30:06,472 --> 00:30:07,871
of the murder?

616
00:30:07,873 --> 00:30:09,306
He was hanging out.

617
00:30:09,308 --> 00:30:11,875
I saw this guy and this girl.

618
00:30:11,877 --> 00:30:14,011
They... they...
   weren't paying attention,

619
00:30:14,013 --> 00:30:18,515
so I go up to James--
         "That's them."

620
00:30:18,517 --> 00:30:21,985
Then I went inside for a while.

621
00:30:21,987 --> 00:30:24,888
Inside
the cardboard box?

622
00:30:24,890 --> 00:30:28,592
Then I see James
       going for the guy.

623
00:30:28,594 --> 00:30:31,495
And he went after him why?

624
00:30:31,497 --> 00:30:32,863
Well, the guy had a ring

625
00:30:32,865 --> 00:30:34,231
he wanted to give
       to his girlfriend.

626
00:30:39,271 --> 00:30:41,238
Is this the ring?

627
00:30:43,209 --> 00:30:45,609
Your Honor,
I offer into evidence

628
00:30:45,611 --> 00:30:48,045
People's Exhibit
Number 25.

629
00:30:48,047 --> 00:30:49,046
Objection:
                inadmissible.

630
00:30:49,048 --> 00:30:50,581
Sustained.

631
00:30:50,583 --> 00:30:52,516
Your Honor,
may we approach?

632
00:30:53,452 --> 00:30:57,020
This ring was suppressed
re<i> Tatum,</i> not...

633
00:30:57,022 --> 00:30:58,255
I'm well aware of that.

634
00:30:58,257 --> 00:31:00,324
I made the ruling.
              Anything else?

635
00:31:00,326 --> 00:31:02,860
Then it's perfectly admissible
against Polesky.

636
00:31:02,862 --> 00:31:05,028
I'll make that determination,
           Mr. Stone.

637
00:31:05,030 --> 00:31:07,331
Thank you, your witness.

638
00:31:14,273 --> 00:31:16,607
(<i> whispering ):</i>
         <i> What an idiot.</i>

639
00:31:18,611 --> 00:31:21,278
Would you describe what happened

640
00:31:21,280 --> 00:31:24,548
after Mr. Polesky
    approached Mr. Robbins?

641
00:31:26,085 --> 00:31:29,653
He pulled out his knife
     and he pig-stuck him!

642
00:31:29,655 --> 00:31:31,021
(<i> wheezing laughter</i> )

643
00:31:31,023 --> 00:31:33,624
would you describe the knife,
            please?

644
00:31:33,626 --> 00:31:35,592
Yeah!

645
00:31:35,594 --> 00:31:39,630
Like the one you showed me,
 the one you got on the table.

646
00:31:41,267 --> 00:31:44,034
And then he pulled
            the knife right out.

647
00:31:44,036 --> 00:31:46,670
No more questions
of this witness, Your Honor.

648
00:31:49,608 --> 00:31:51,975
Mr. Tatum.

649
00:31:55,614 --> 00:31:57,447
Has the CIA

650
00:31:57,449 --> 00:32:00,317
ever tried
to assassinate you?

651
00:32:05,958 --> 00:32:08,742
Yes.

652
00:32:08,743 --> 00:32:11,527
And when was the last attempt
         on your life?

653
00:32:12,998 --> 00:32:14,564
Tuesday.

654
00:32:14,566 --> 00:32:15,933
Objection, Your Honor.

655
00:32:18,037 --> 00:32:22,940
SCOLER:
     Now, why would the CIA
  want to kill you, Mr. Tatum?

656
00:32:24,009 --> 00:32:26,343
Eastern Europe.

657
00:32:26,345 --> 00:32:30,580
I briefed Mikhail Gorbachev
    several times last year

658
00:32:30,582 --> 00:32:32,950
before... it all happened.

659
00:32:32,952 --> 00:32:35,018
So you, um...

660
00:32:35,020 --> 00:32:37,020
you made them look bad.

661
00:32:37,022 --> 00:32:39,690
Yes. They don't like that.

662
00:32:39,692 --> 00:32:41,992
Thank you, Mr. Tatum.

663
00:32:43,395 --> 00:32:44,661
No further questions.

664
00:32:52,604 --> 00:32:54,972
How old are you,
Miss Hatch?

665
00:32:54,974 --> 00:32:56,673
Objection: relevance.

666
00:32:56,675 --> 00:32:58,442
Eyesight fades
               as we grow older,
                    Your Honor.

667
00:32:58,444 --> 00:33:00,444
Overruled.

668
00:33:00,446 --> 00:33:02,179
SCOLER:
        How<i> is</i> your eyesight,
            Miss Hatch?

669
00:33:02,181 --> 00:33:05,382
I need glasses to read.

670
00:33:05,384 --> 00:33:07,451
Otherwise, it's fine.

671
00:33:07,453 --> 00:33:10,053
This is your sworn statement
         to the police

672
00:33:10,055 --> 00:33:13,056
in which you claim
   to have seen the defendant

673
00:33:13,058 --> 00:33:15,525
in from of Ezra's coffee shop.

674
00:33:15,527 --> 00:33:16,760
So?

675
00:33:16,762 --> 00:33:20,030
Do you see the same man
        in court today?

676
00:33:24,770 --> 00:33:27,471
SCOLER:
         I'm impressed.

677
00:33:27,473 --> 00:33:31,408
There's a mural behind me,
          Miss Hatch.

678
00:33:31,410 --> 00:33:33,643
Will you describe it
         for the court?

679
00:33:33,645 --> 00:33:37,147
Staten Island and the narrows.

680
00:33:40,152 --> 00:33:41,485
You're, uh...

681
00:33:41,487 --> 00:33:45,055
you're familiar
     with the Staten Island

682
00:33:45,057 --> 00:33:47,057
of the 19th century, Miss Hatch?

683
00:33:47,059 --> 00:33:48,759
I can read the legend.

684
00:33:48,761 --> 00:33:51,161
I hope your eyesight

685
00:33:51,163 --> 00:33:53,597
is better than your manners,
young man.

686
00:33:57,603 --> 00:33:59,536
It was in the clearing
        under a mattress

687
00:33:59,538 --> 00:34:01,104
where Mr. Polesky sleeps.

688
00:34:01,106 --> 00:34:03,106
What did you do
                 with the knife,
                 Sergeant?

689
00:34:03,108 --> 00:34:04,107
I bagged it

690
00:34:04,109 --> 00:34:05,776
and took it to the lab.

691
00:34:05,778 --> 00:34:08,245
STONE:
  Did you read the lab report?

692
00:34:08,247 --> 00:34:10,714
Yes, of course. The blood
matched, the hair matched,

693
00:34:10,716 --> 00:34:12,783
and the size of the knife
was consistent with the wound.

694
00:34:12,785 --> 00:34:14,818
There were fingerprints
            on the knife?

695
00:34:14,820 --> 00:34:17,788
One set--
those of the defendant.

696
00:34:17,790 --> 00:34:19,456
Thank you, Sergeant.

697
00:34:22,795 --> 00:34:24,795
Upon your conviction,

698
00:34:24,797 --> 00:34:27,798
of the crime of murder
     in the second degree,

699
00:34:27,800 --> 00:34:30,467
the court sentences you to a
  maximum term of imprisonment

700
00:34:30,469 --> 00:34:32,803
of 25 years to life.

701
00:34:32,805 --> 00:34:35,605
(<i> gavel bangs</i> )

702
00:34:39,845 --> 00:34:43,180
ROBINETTE:
Victim was assaulted
    with a copper saucepan.

703
00:34:43,182 --> 00:34:44,848
STONE:
His wife?
          A<i> sous</i> chef.

704
00:34:44,850 --> 00:34:49,152
The guy complained of too much
  salt in the bechamel-- bam!

705
00:34:49,154 --> 00:34:51,788
Notice of appeal
                on Polesky.

706
00:34:55,761 --> 00:34:57,794
Give me a break.

707
00:35:05,838 --> 00:35:09,106
Jesus, Mary and Joseph.

708
00:35:09,108 --> 00:35:11,108
Everybody appeals everything.

709
00:35:11,110 --> 00:35:12,642
Why come way down
     all the way down here?

710
00:35:12,644 --> 00:35:14,845
I just wanted to see
                     your faces.

711
00:35:14,847 --> 00:35:16,546
So what is it?

712
00:35:16,548 --> 00:35:19,583
The appeal is based on
     the Fourth Amendment.

713
00:35:19,585 --> 00:35:21,218
You didn't have a warrant

714
00:35:21,220 --> 00:35:23,720
when you searched
the appellant's place of abode.

715
00:35:25,157 --> 00:35:27,124
Place of abode, huh?

716
00:35:27,126 --> 00:35:30,127
It was in the damn bushes.

717
00:35:33,465 --> 00:35:35,765
"...based on an illegal search

718
00:35:35,767 --> 00:35:40,337
of appellant's non-traditional
      place of residence."

719
00:35:40,339 --> 00:35:42,439
Got to hand it to Scoler.

720
00:35:42,441 --> 00:35:44,207
That's pretty good.

721
00:35:44,209 --> 00:35:47,410
It wasn't Scoler.

722
00:35:47,412 --> 00:35:49,446
Norman Ackerman, ACLU.

723
00:35:49,448 --> 00:35:51,581
His brief in Skokie
         was 120 pages.

724
00:35:51,583 --> 00:35:54,451
His buddies on Wall Street
        do his research

725
00:35:54,453 --> 00:35:56,853
out of the goodness
        of their hearts.

726
00:35:56,855 --> 00:35:59,289
Wall Street lawyers
doing<i> pro bono?</i>

727
00:35:59,291 --> 00:36:00,590
Makes them feel good.

728
00:36:00,592 --> 00:36:03,260
I don't care
who wrote the brief.

729
00:36:03,262 --> 00:36:06,429
No way the court can extend
  Fourth Amendment protection

730
00:36:06,431 --> 00:36:08,231
to a bush in the park.

731
00:36:08,233 --> 00:36:09,299
Thought it was a shack.

732
00:36:09,301 --> 00:36:11,501
Makes their argument
        more compelling.

733
00:36:11,503 --> 00:36:14,337
Actually, a cardboard box
in a clearing.

734
00:36:14,339 --> 00:36:16,389
The question is,

735
00:36:16,390 --> 00:36:18,440
can we take the temperature
of the appellate court?

736
00:36:18,443 --> 00:36:20,210
Well, the U.S. Supreme Court

737
00:36:20,212 --> 00:36:22,345
has gone pell-mell
              to the right,

738
00:36:22,347 --> 00:36:24,347
and the local
                   magistrates

739
00:36:24,349 --> 00:36:27,918
haven't been
              overly sympathetic
to the indigent,

740
00:36:27,920 --> 00:36:31,588
but the Manhattan
               appellate judges

741
00:36:31,590 --> 00:36:34,858
may be the last
       liberal activists

742
00:36:34,860 --> 00:36:37,227
sitting on any bench anywhere.

743
00:36:37,229 --> 00:36:39,329
Ackerman wrote
a hell of a brief,

744
00:36:39,331 --> 00:36:41,364
but case history
is on our side.

745
00:36:41,366 --> 00:36:42,866
That's encouraging.

746
00:36:42,868 --> 00:36:45,435
All the way back to 18th century
England. Blackstone.

747
00:36:45,437 --> 00:36:47,871
An open field
is not private property

748
00:36:47,873 --> 00:36:49,306
and is not protected.

749
00:36:49,308 --> 00:36:51,208
What's Ackerman
                 relying on?

750
00:36:51,210 --> 00:36:54,211
Sympathy and the 1967
Supreme Court decision,

751
00:36:54,213 --> 00:36:55,345
<i>Katz</i> v.<i> U.S.</i>

752
00:36:55,347 --> 00:36:57,297
The majority held

753
00:36:57,298 --> 00:36:59,248
that the police could not
tap a public phone

754
00:36:59,251 --> 00:37:00,417
without a warrant.

755
00:37:00,419 --> 00:37:01,551
"The Fourth Amendment

756
00:37:01,553 --> 00:37:03,353
protects people,
                not places."

757
00:37:03,355 --> 00:37:05,989
I quoted Potter Stewart
           in law school and won
                    an argument.

758
00:37:05,991 --> 00:37:07,290
but things change.

759
00:37:07,292 --> 00:37:08,925
Schiff may be right
about this court.

760
00:37:08,927 --> 00:37:11,394
The press says they're looking
to make a case.

761
00:37:11,396 --> 00:37:13,430
Mr. Polesky stabbed
             an innocent victim

762
00:37:13,432 --> 00:37:14,931
for no other reason
                     than greed.

763
00:37:14,933 --> 00:37:16,600
This is the wrong case
to make a point, isn't it?

764
00:37:22,274 --> 00:37:24,407
(<i> reporters clamoring )</i>

765
00:37:24,409 --> 00:37:27,410
Mr. Stone, given the extent
of homelessness,

766
00:37:27,412 --> 00:37:29,279
don't you think the court
will jump at the chance

767
00:37:29,281 --> 00:37:31,131
to write new law
in this case?

768
00:37:31,132 --> 00:37:32,982
Homelessness may be the greatest
      tragedy of our time,

769
00:37:32,985 --> 00:37:35,018
but I don't think the cure is
   allowing a convicted felon

770
00:37:35,020 --> 00:37:36,320
to wander the streets,

771
00:37:36,321 --> 00:37:37,621
and I'm sure
 the court will agree with me.

772
00:37:37,623 --> 00:37:39,289
You've got a tough job

773
00:37:39,291 --> 00:37:41,324
defending a patently
        unconstitutional search.

774
00:37:41,326 --> 00:37:44,694
Nothing is patently anything
until the appeals court says so,

775
00:37:44,696 --> 00:37:47,564
and my job is to preserve
   a solid murder conviction.

776
00:37:47,566 --> 00:37:50,400
Thank you.
                       REPORTER:
           What about the rights
                of the homeless?

777
00:37:55,307 --> 00:38:01,378
ROBINETTE:
    The<i> Times</i> called Ackerman
  the modern Clarence Darrow.

778
00:38:01,380 --> 00:38:04,447
I'm sure Darrow
               had his off days.

779
00:38:07,319 --> 00:38:09,319
Ben.

780
00:38:09,321 --> 00:38:10,821
Oh, hi, Norman.

781
00:38:10,822 --> 00:38:12,322
It's been what, four,
five years.

782
00:38:12,324 --> 00:38:14,191
At least.

783
00:38:14,192 --> 00:38:16,059
You've stopped attending
our fund raiser.

784
00:38:16,061 --> 00:38:20,063
Defending the Nazis at Skokie
   didn't sit right with me.

785
00:38:20,065 --> 00:38:23,466
Our only client is the U.S.
Constitution, you know that.

786
00:38:23,468 --> 00:38:26,036
In theory, but there are
        practical consequences

787
00:38:26,038 --> 00:38:28,371
to every one of your crusades;
  people get hurt-- real people.

788
00:38:28,373 --> 00:38:32,375
Ah. You don't want
the great unwashed
camping on your doorstep.

789
00:38:32,377 --> 00:38:34,711
Norman, this is about
            James Polesky

790
00:38:34,713 --> 00:38:36,446
and, no, I don't want him

791
00:38:36,448 --> 00:38:38,615
hanging around my lobby
            at night.

792
00:38:38,617 --> 00:38:41,351
ACKERMAN:
            In<i> Katz,</i>
Mr. Justice Stewart wrote

793
00:38:41,353 --> 00:38:45,355
that "Whatever a person seeks
to preserve as private,

794
00:38:45,357 --> 00:38:48,325
"even in an area accessible
to the public,

795
00:38:48,327 --> 00:38:50,727
may be constitutionally
protected."

796
00:38:50,729 --> 00:38:54,331
The defendant here
did everything in his power

797
00:38:54,333 --> 00:38:56,099
to preserve his private space.

798
00:38:56,101 --> 00:38:58,001
JUDGE:
Excuse me, Mr. Ackerman,

799
00:38:58,003 --> 00:39:01,371
but the issue in<i> Katz</i>
was whether public telephones

800
00:39:01,373 --> 00:39:03,073
could be tapped
without a warrant.

801
00:39:03,075 --> 00:39:05,041
JUDGE
And the same court in<i> Oliver</i>

802
00:39:05,043 --> 00:39:07,510
specifically refused to extend
Fourth Amendment protection

803
00:39:07,512 --> 00:39:08,945
to open fields.

804
00:39:08,947 --> 00:39:10,380
I'm well aware of<i> Oliver,</i>
Your Honor.

805
00:39:10,382 --> 00:39:12,515
But I'm also aware
that at that time

806
00:39:12,517 --> 00:39:15,051
of that decision, there weren't
a million homeless people

807
00:39:15,053 --> 00:39:16,619
wandering this country.

808
00:39:16,621 --> 00:39:18,088
JUDGE
You would have us

809
00:39:18,090 --> 00:39:19,656
afford the same protection

810
00:39:19,658 --> 00:39:21,791
to a man
sleeping in Central Park

811
00:39:21,793 --> 00:39:24,661
as we would to a man
in the comfort of his home?

812
00:39:24,663 --> 00:39:27,030
Central Park<i> is</i> his home,
Your Honor.

813
00:39:27,032 --> 00:39:28,365
It is also

814
00:39:28,367 --> 00:39:30,767
public ground,
    paid for by local taxes.

815
00:39:30,769 --> 00:39:33,069
The same taxes
that were supposed

816
00:39:33,071 --> 00:39:35,372
to build shelters
to house these people

817
00:39:35,374 --> 00:39:36,639
and hospitals
to care for them.

818
00:39:36,641 --> 00:39:39,509
Once the state abdicated

819
00:39:39,511 --> 00:39:42,379
its responsibility
   to care for the homeless,

820
00:39:42,381 --> 00:39:46,750
the public parks, the alleys
        and the streets

821
00:39:46,752 --> 00:39:48,551
became their homes.

822
00:39:48,553 --> 00:39:51,087
Just as we wouldn't allow

823
00:39:51,089 --> 00:39:53,490
governmental intrusion
      into your bedrooms,

824
00:39:53,492 --> 00:39:55,024
we shouldn't allow intrusion

825
00:39:55,026 --> 00:39:56,426
into the private corner
          of the world

826
00:39:56,428 --> 00:39:58,661
James Polesky calls home

827
00:39:58,663 --> 00:40:05,135
even if it is the dirt, bushes,
  and rubble of Central Park.

828
00:40:05,137 --> 00:40:07,103
Thank you, Your Honors.

829
00:40:07,105 --> 00:40:09,572
Whether or not the state
         is responsible

830
00:40:09,574 --> 00:40:10,840
for the homeless...

831
00:40:10,842 --> 00:40:12,842
Mr. Stone?
     You don't think it is,

832
00:40:12,844 --> 00:40:15,445
What I think is not
         at issue here.

833
00:40:15,447 --> 00:40:19,149
What is at issue is the scope
   the Constitution affords.

834
00:40:19,151 --> 00:40:21,751
You don't think
it reaches Mr. Polesky?

835
00:40:21,753 --> 00:40:24,721
Balanced against
     the People's interest

836
00:40:24,723 --> 00:40:28,024
in seeing a killer
    put behind bars, no.

837
00:40:28,026 --> 00:40:29,559
Suppose it wasn't a knife

838
00:40:29,560 --> 00:40:31,093
found under that mattress,
Mr. Stone.

839
00:40:31,096 --> 00:40:35,698
Suppose it was Mr. Polesky's
        personal diary.

840
00:40:35,700 --> 00:40:37,834
Should the police be allowed

841
00:40:37,836 --> 00:40:40,103
to invade
    what is clearly private,

842
00:40:40,105 --> 00:40:43,139
or do only those
     who can afford a home

843
00:40:43,141 --> 00:40:45,608
have the expectation of privacy?

844
00:40:45,610 --> 00:40:48,711
Mr. Justice Harlan wrote in his
   concurring opinion on<i> Katz</i>

845
00:40:48,713 --> 00:40:51,581
that the expectation of privacy
          must be one

846
00:40:51,583 --> 00:40:55,118
that society is prepared
  to recognize as reasonable.

847
00:40:55,120 --> 00:40:58,521
And it's your position that
 society would be unreasonable

848
00:40:58,523 --> 00:40:59,756
in allowing the defendant

849
00:40:59,758 --> 00:41:01,858
to call a dirty mattress
           his home?

850
00:41:01,860 --> 00:41:04,561
One of the attributes
      of private property

851
00:41:04,563 --> 00:41:06,596
is the right to exclude others.

852
00:41:06,598 --> 00:41:08,131
And Mr. Polesky cannot exclude
      others from his home

853
00:41:08,133 --> 00:41:10,099
since his home is
 by definition public property.

854
00:41:10,101 --> 00:41:12,669
Really, Councelor,
would it have been so difficult

855
00:41:12,671 --> 00:41:14,537
for the police
      to obtain a warrant?

856
00:41:14,539 --> 00:41:17,240
GREEN:
                      Thank you,
                      Mr. Stone.

857
00:41:21,913 --> 00:41:23,213
No, I can't say

858
00:41:23,215 --> 00:41:25,849
that I'm at all surprised
by the decision.

859
00:41:25,851 --> 00:41:28,551
Mr. Ackerman, will your victory
affect the problem
of the homeless?

860
00:41:28,553 --> 00:41:29,686
Wait a second.

861
00:41:29,688 --> 00:41:31,554
This is not my victory.

862
00:41:31,556 --> 00:41:33,873
It is a victory

863
00:41:33,874 --> 00:41:36,191
for the Constitution
     of the United States.

864
00:41:36,194 --> 00:41:37,560
The opinion is good.

865
00:41:37,562 --> 00:41:40,096
There was nothing
            you could have done.

866
00:41:40,098 --> 00:41:42,832
The court was predisposed
            against it.

867
00:41:42,834 --> 00:41:45,235
Still, we got
        a three-two decision.

868
00:41:45,237 --> 00:41:47,837
I thought the Constitution
was supposed protect society.

869
00:41:47,839 --> 00:41:50,673
And the rights of individuals;
sometimes they clash.

870
00:41:50,675 --> 00:41:53,676
It's a sad commentary, isn't it?
 It's as if the court is saying

871
00:41:53,678 --> 00:41:55,512
you have a right
to a wretched existence.

872
00:41:55,514 --> 00:41:57,180
What are you going to do?

873
00:41:57,182 --> 00:41:58,781
We could appeal
to Albany, but...

874
00:41:58,783 --> 00:42:00,550
What about a retrial?

875
00:42:00,552 --> 00:42:02,819
Without the murder weapon,
     we ain't got a prayer.

876
00:42:02,821 --> 00:42:04,554
We still have the ring.

877
00:42:04,556 --> 00:42:06,656
O'Malley excluded it,
remember?

878
00:42:06,658 --> 00:42:08,224
I know, and he's
           still wrong about it.

879
00:42:08,226 --> 00:42:10,126
Polesky has no standing

880
00:42:10,128 --> 00:42:12,295
to challenge the warrant
         ??seizure of the parka.

881
00:42:12,297 --> 00:42:15,565
I cannot believe how O'Malley
   have been so out to lunch?

882
00:42:15,567 --> 00:42:18,234
You think you can engineer
       a change of heart?

883
00:42:18,236 --> 00:42:19,769
If not mind.

884
00:42:19,771 --> 00:42:20,737
I'll handle it.

885
00:42:20,739 --> 00:42:21,838
New trial.

886
00:42:21,840 --> 00:42:23,239
Lemonhead testifies

887
00:42:23,241 --> 00:42:25,875
that he got the ring
      from Polesky and...

888
00:42:25,877 --> 00:42:27,744
It's circumstantial,
        but it should be enough.

889
00:42:27,746 --> 00:42:30,179
If we find Lemonhead.

890
00:42:36,988 --> 00:42:40,723
(<i> man mumbling</i> )

891
00:42:41,726 --> 00:42:46,963
(<i> mumbling )</i>

892
00:42:46,965 --> 00:42:49,699
FBI.

893
00:42:49,701 --> 00:42:51,234
CIA.

894
00:42:51,236 --> 00:42:55,004
MAN:
    Yesterday he was screaming
        for his lawyer.

895
00:42:55,006 --> 00:42:57,640
Something
            about<i> habeas corpus.</i>

896
00:42:57,642 --> 00:42:58,908
What the hell is that?

897
00:42:58,910 --> 00:43:01,978
It means you can't hold him
against his will.

898
00:43:01,980 --> 00:43:05,949
Every nut case
           has his day in court,
                        I guess.

899
00:43:05,951 --> 00:43:08,284
I guess.

900
00:43:08,286 --> 00:43:11,287
ROBINETTE:
I doubt he even knows
his own name.

901
00:43:11,289 --> 00:43:13,756
No way we can
put him on the stand.

902
00:43:13,758 --> 00:43:15,592
He was competent the first time.

903
00:43:15,594 --> 00:43:16,960
I saw him, Ben.

904
00:43:16,962 --> 00:43:19,262
Believe me, it's over.

905
00:43:19,264 --> 00:43:22,932
Maybe Olivet
can snap him out of it.

906
00:43:24,369 --> 00:43:26,736
You got my message?

907
00:43:26,738 --> 00:43:27,837
Yes.

908
00:43:27,839 --> 00:43:29,238
You saw Lemonhead?

909
00:43:29,240 --> 00:43:30,907
I saw Christian Tatum.

910
00:43:30,909 --> 00:43:32,241
We didn't...

911
00:43:32,243 --> 00:43:34,978
It wasn't much
       of a conversation.

912
00:43:34,980 --> 00:43:37,714
I know the man's in trouble...

913
00:43:37,716 --> 00:43:39,382
The man's on anti-psychotics,
              did you know that?

914
00:43:39,384 --> 00:43:42,785
Which leaves him nauseous,
             listing to one side

915
00:43:42,787 --> 00:43:44,988
and in danger of choking
     to death on his own tongue.

916
00:43:44,990 --> 00:43:47,991
I feel sorry
for Mr. Tatum's condition,

917
00:43:47,993 --> 00:43:51,394
but his testimony is crucial,
and what I need to know from you

918
00:43:51,396 --> 00:43:53,363
is, will he be able
to take the stand

919
00:43:53,365 --> 00:43:54,831
for just a few minutes?

920
00:43:54,833 --> 00:43:57,634
Will he be able
to say a simple yes or no?

921
00:43:57,636 --> 00:43:59,953
Nothing is that simple.

922
00:43:59,954 --> 00:44:02,271
Last time he was in the court,
he was terrified of James,

923
00:44:02,273 --> 00:44:04,007
and you pushed him
          into taking the stand.

924
00:44:04,009 --> 00:44:05,808
Now wait a minute. I pushed him
into telling the truth

925
00:44:05,810 --> 00:44:08,411
in a murder trial
in which he entered
into a plea bargain.

926
00:44:08,413 --> 00:44:10,079
He may be
      on some other planet, Ben,

927
00:44:10,081 --> 00:44:11,814
but the guy's hurting,

928
00:44:11,816 --> 00:44:14,283
and I don't think
                  he can survive
                 another circus.

929
00:44:17,355 --> 00:44:20,323
You asked for my opinion.

930
00:44:22,961 --> 00:44:25,028
I understand.

931
00:44:28,967 --> 00:44:31,701
Did you read the People's
    bench memo, Your Honor?

932
00:44:31,703 --> 00:44:32,969
I did.

933
00:44:32,971 --> 00:44:35,472
And?

934
00:44:35,473 --> 00:44:37,974
You're right. I was in error
     in excluding the ring.

935
00:44:37,976 --> 00:44:40,376
Getting back to the
           issue at hand, Judge,

936
00:44:40,378 --> 00:44:42,945
the Sixth Amendment
            guarantees my client

937
00:44:42,947 --> 00:44:46,382
the right to confront
      all witnesses against him.

938
00:44:46,384 --> 00:44:47,850
Mr. Stone?

939
00:44:47,852 --> 00:44:50,853
"Testimony given by a witness
at a prior trial

940
00:44:50,855 --> 00:44:52,855
"may be received into evidence

941
00:44:52,857 --> 00:44:54,957
"when the witness
is unable to attend

942
00:44:54,959 --> 00:44:57,894
by reason of death,
illness or incapacity."

943
00:44:57,896 --> 00:44:59,429
C.P.L., Article 670.

944
00:44:59,431 --> 00:45:01,097
And your witness
       is incapacitated?

945
00:45:01,099 --> 00:45:04,867
He's institutionalized,
Your Honor.

946
00:45:04,869 --> 00:45:06,869
He's psychotic.

947
00:45:06,870 --> 00:45:08,870
His testimony in court
 was practically hallucinatory.

948
00:45:08,873 --> 00:45:11,374
He was competent then
       and as you recall,

949
00:45:11,376 --> 00:45:14,410
Mr. Scoler made no objection
 to his testifying at the time.

950
00:45:14,412 --> 00:45:16,713
I'm going to grant
      Mr. Stone's motion.

951
00:45:16,715 --> 00:45:18,748
Mr. Tatum's prior testimony

952
00:45:18,750 --> 00:45:20,149
will be read
                  into evidence.

953
00:45:20,151 --> 00:45:22,018
Your objection

954
00:45:22,019 --> 00:45:23,886
is duly noted for
         the record, Mr. Scoler.

955
00:45:23,888 --> 00:45:25,988
Feel free to have another go
 with the five wise men uptown

956
00:45:25,990 --> 00:45:28,024
if you like.

957
00:45:28,026 --> 00:45:31,060
I'm thinking... man two.

958
00:45:31,062 --> 00:45:33,362
I'm thinking murder two.

959
00:45:33,364 --> 00:45:34,931
He gets 25 to life.

960
00:45:34,933 --> 00:45:36,065
I'll appeal.

961
00:45:36,067 --> 00:45:37,834
We'll start over.

962
00:45:37,836 --> 00:45:39,068
I'll be here.

963
00:45:40,371 --> 00:45:41,904
Manslaughter one.

964
00:45:41,906 --> 00:45:45,141
All right,
but Mr. Polesky does the max.

965
00:45:45,143 --> 00:45:47,076
My client
            won't be very happy,

966
00:45:47,078 --> 00:45:49,846
but at least he'll have
            a roof over his head

967
00:45:49,848 --> 00:45:51,347
for the next 25 years.

968
00:45:51,349 --> 00:45:54,517
So does Lemonhead--
a rubber cell at Bellevue.

969
00:45:54,519 --> 00:45:56,486
And then
there's Nathan Robbins.

970
00:45:56,488 --> 00:45:58,121
He's got six feet of dirt
over his head.

971
00:45:58,123 --> 00:46:01,023
So what's happy
got to do with it?

972
00:46:05,930 --> 00:46:10,166
<font color="
NBC/UNIVERSAL

973
00:46:10,168 --> 00:46:14,403
Captioned by
access.wgbh.or roup at WGBH


