1 00:00:01,001 --> 00:00:04,300 Narrator: In the criminal justice system, the people are represented 2 00:00:04,337 --> 00:00:06,703 by two separate yet equally important groups-- 3 00:00:06,740 --> 00:00:08,503 the police who investigate crime, 4 00:00:08,541 --> 00:00:11,339 and the district attorneys who prosecute the offenders. 5 00:00:11,378 --> 00:00:13,903 These are their stories. 6 00:00:14,347 --> 00:00:16,315 This isn't a criticism, Mike. 7 00:00:16,349 --> 00:00:18,317 Well. I guess I'm a little hypersensitive. 8 00:00:18,351 --> 00:00:20,319 Look. it probably won't hurt us. 9 00:00:20,353 --> 00:00:23,720 My point is. Ben was trying to get a straightforward laundry list going. 10 00:00:23,757 --> 00:00:27,784 That's exactly What I gave him. Listen. Paul-- I pinch hit for Max in the grand jury. 11 00:00:27,827 --> 00:00:30,091 I present the case the way you and I reviewed it. 12 00:00:30,130 --> 00:00:32,997 now you're giving me a bunch of-- Come on. man. Chill. 13 00:00:33,033 --> 00:00:35,661 Tomorrow. when we ask you to name names. 14 00:00:35,702 --> 00:00:37,829 don't go off on a tangent about kickbacks 15 00:00:37,871 --> 00:00:39,964 and stolen copper pipes and mangoes. 16 00:00:41,141 --> 00:00:43,541 "Mungo." not mangoes. Mungo. 17 00:00:43,576 --> 00:00:45,567 And I think everybody knows 18 00:00:45,612 --> 00:00:48,911 that's extra building material that just disappears. 19 00:00:49,049 --> 00:00:51,540 Yeah. and it ends up in somebody else's building. 20 00:00:51,584 --> 00:00:52,915 Hey. we didn't pick the grand jurors. 21 00:00:52,952 --> 00:00:56,183 No. but your crash course in corruption went way over their heads. 22 00:00:56,222 --> 00:00:57,883 So what? 23 00:00:57,924 --> 00:00:59,357 So they get too confused. 24 00:00:59,392 --> 00:01:01,553 they may throw up their hands and "no-bill" it. 25 00:01:01,594 --> 00:01:05,690 Relax. You're going to get your indictments. 26 00:01:05,732 --> 00:01:07,393 Max is back tomorrow morning. 27 00:01:07,434 --> 00:01:09,299 He's gonna give you what you want-- 28 00:01:09,335 --> 00:01:11,701 Howard Neffer. Jimmy "The Mope" D'Onofrio. 29 00:01:11,738 --> 00:01:12,966 Morgan Stern. 30 00:01:13,006 --> 00:01:14,803 I'm going to call him later. 31 00:01:14,841 --> 00:01:16,536 we're gonna go over the case notes. 32 00:01:16,576 --> 00:01:19,807 and then I'm going out frugging 33 00:01:19,846 --> 00:01:21,677 with Patsy Kelly. 34 00:01:27,520 --> 00:01:28,987 Marie: I don't know. 35 00:01:29,022 --> 00:01:31,490 He's still rummaging around in the trunk. 36 00:01:31,524 --> 00:01:34,550 You know Max-- always losing his paperwork. 37 00:01:34,594 --> 00:01:36,994 Marie. can you tell him to light a fire under it? 38 00:01:37,030 --> 00:01:41,262 - Dinner getting cold? - No. my date's getting cold. I'm still at the office. 39 00:01:41,301 --> 00:01:42,734 Marie: Tell me about it. 40 00:01:42,769 --> 00:01:45,101 It's like being married to a ghost. 41 00:01:46,706 --> 00:01:49,436 Now he’s out there gabbing with somebody. 42 00:01:49,476 --> 00:01:52,001 - Who's he gabbing to? - I don't know. 43 00:01:52,045 --> 00:01:53,512 It's dark. 44 00:01:53,546 --> 00:01:56,481 Matthew. go out and tell your father to hurry up. will you? 45 00:01:56,516 --> 00:01:58,848 Matthew: Okay, Ma. 46 00:02:00,153 --> 00:02:01,518 - What is this? - Marie? 47 00:02:01,554 --> 00:02:03,784 - Oh. Mary Mother of God. - ( gunshot ) 48 00:02:03,823 --> 00:02:06,257 ( screaming ) 49 00:02:06,292 --> 00:02:08,954 - (screaming continues ) - Marie--? Mariel Marie! 50 00:02:10,530 --> 00:02:13,124 ( theme music plays ) 51 00:03:31,277 --> 00:03:34,144 ( bagpipes play solemnly) 52 00:03:42,589 --> 00:03:44,557 ( salute command called ) 53 00:04:05,645 --> 00:04:07,636 ( camera shutters snapping ) 54 00:04:38,244 --> 00:04:41,941 Left... right... 55 00:04:41,981 --> 00:04:44,677 left... right... 56 00:04:44,717 --> 00:04:48,915 left. .. right... halt. 57 00:04:54,527 --> 00:04:56,119 In. 58 00:05:01,801 --> 00:05:03,632 Left and right face. 59 00:05:04,804 --> 00:05:06,795 One step to the rear. 60 00:05:08,141 --> 00:05:10,132 Present arms. 61 00:05:40,173 --> 00:05:42,300 I'll testify as soon as you need me. 62 00:05:42,342 --> 00:05:44,310 I can take over for Max's testimony as well. 63 00:05:44,344 --> 00:05:46,073 The grand jury will be suspended. 64 00:05:46,112 --> 00:05:48,273 When you open back up. you include Max's murder 65 00:05:48,314 --> 00:05:49,747 as part of the offering. right? 66 00:05:49,782 --> 00:05:51,579 If we find anything substantive-- 67 00:05:51,617 --> 00:05:53,209 and so far we've found nothing. 68 00:05:53,252 --> 00:05:55,686 Logan: The night before his first day of grand jury testimony, 69 00:05:55,722 --> 00:05:58,816 somebody heard something was going down and didn't like the sound of it. 70 00:05:58,858 --> 00:06:01,486 I'd like to go after the list of pending indictments. 71 00:06:01,527 --> 00:06:03,427 You and I should find out who had knowledge 72 00:06:03,463 --> 00:06:05,192 of those indictments in our office. 73 00:06:05,231 --> 00:06:07,927 What about a leak out of the grand jurors? 74 00:06:07,967 --> 00:06:11,095 Let's check their ties to construction industry. Every one of them. 75 00:06:11,137 --> 00:06:15,096 If word on the grand jury, or a list of indictments got out, 76 00:06:15,141 --> 00:06:18,599 why hit Max-- the lead on a task force? 77 00:06:18,644 --> 00:06:20,612 Because they already hit the leading investigator 78 00:06:20,646 --> 00:06:22,079 from the building department. 79 00:06:22,115 --> 00:06:25,243 That was an open investigation, right? In the papers. 80 00:06:25,284 --> 00:06:27,149 What were they going to accomplish by that? 81 00:06:27,186 --> 00:06:30,383 I don't think these people are what you'd call "long-term planners." 82 00:06:30,423 --> 00:06:33,881 Two in the back, one in the face. 83 00:06:35,161 --> 00:06:37,629 That's not a pro, 84 00:06:37,663 --> 00:06:39,460 not a thinker. 85 00:06:47,507 --> 00:06:49,304 The purpose of this little get-together 86 00:06:49,342 --> 00:06:51,970 is emphatically not to "bust your chops," as you put it. 87 00:06:52,011 --> 00:06:54,809 It's to help you accept your partner's death. 88 00:06:54,847 --> 00:06:56,474 I accept it. 89 00:06:56,516 --> 00:06:58,780 Boom-- he's dead. It's end of story. 90 00:07:00,686 --> 00:07:04,588 Also to help the officer in trouble reach a sense of closure. 91 00:07:04,624 --> 00:07:08,082 All right, first of all, I'm not "in trouble," okay? 92 00:07:08,127 --> 00:07:10,925 Matter of fact, I'm alive, and I'm on the case. 93 00:07:10,963 --> 00:07:15,400 Second of all, I'm Irish Catholic-- I got a sense of closure at Max's wake. 94 00:07:21,808 --> 00:07:24,106 Well, then, there's no problem. 95 00:07:24,143 --> 00:07:27,169 That's right. Can I go now? 96 00:07:34,487 --> 00:07:37,456 Listen, thanks a lot. But, really, I'm fine. 97 00:07:37,490 --> 00:07:39,424 Olivet: Hey, Detective? 98 00:07:40,793 --> 00:07:43,353 Ever hear of the "seven stages of grief"? 99 00:07:43,396 --> 00:07:44,624 No. 100 00:07:44,664 --> 00:07:47,599 The first one is denial. 101 00:07:50,002 --> 00:07:51,993 I'm fine. 102 00:07:56,742 --> 00:07:59,472 ( phones ringing ) 103 00:08:06,319 --> 00:08:07,650 Cragen: Mike? 104 00:08:22,802 --> 00:08:24,793 You know Phil Cerreta from the 39? 105 00:08:24,837 --> 00:08:26,771 I know him by name. 106 00:08:26,806 --> 00:08:28,603 He's handling Max's case. 107 00:08:28,641 --> 00:08:30,609 I saw him the night of the crime scene. 108 00:08:30,643 --> 00:08:32,201 He's thinking about coming over, 109 00:08:32,245 --> 00:08:34,440 maybe as second whip. 110 00:08:35,648 --> 00:08:37,343 So? 111 00:08:37,383 --> 00:08:39,578 So, he asked about you. 112 00:08:39,619 --> 00:08:41,382 How you would feel? 113 00:08:45,658 --> 00:08:47,956 Fine-- I mean, whatever. I don't care. 114 00:08:47,994 --> 00:08:50,155 Same rank as Max, pick of cases. 115 00:08:51,597 --> 00:08:54,430 He comes over, that means he's bringing Max's shooting with him? 116 00:08:54,467 --> 00:08:57,368 - I would assume so. - All right, then I'm on this case. 117 00:08:57,403 --> 00:08:59,633 Mike, I let you back in the field, 118 00:08:59,672 --> 00:09:02,232 I got to be concerned about your objectivity. 119 00:09:02,275 --> 00:09:04,402 - Then you put Cerreta on point. - Mike-- 120 00:09:04,443 --> 00:09:07,606 I know the history of the task force. Who else is going to interview these people? 121 00:09:07,647 --> 00:09:11,981 It doesn't matter. You're still due time on a desk. 122 00:09:29,001 --> 00:09:30,992 (sighs) 123 00:09:31,971 --> 00:09:33,962 So? 124 00:09:34,006 --> 00:09:36,338 What? 125 00:09:38,778 --> 00:09:40,837 How are you doing with this? 126 00:09:42,481 --> 00:09:44,244 I'm fine. 127 00:09:53,492 --> 00:09:56,689 Robinette: I only found one name that makes sense. 128 00:09:58,497 --> 00:10:02,831 "Magadan, Dan Sr. Retired construction"? It's a good possibility. 129 00:10:02,868 --> 00:10:06,634 It gets better. Check his pension ties. 130 00:10:08,341 --> 00:10:10,332 Pull everything you can on him. 131 00:10:12,812 --> 00:10:17,146 Stone: Your pension fund is vested with Local 139. 132 00:10:17,183 --> 00:10:19,310 It's hard to believe you didn't know 133 00:10:19,352 --> 00:10:21,980 any of the names offered for indictment in that room. 134 00:10:22,021 --> 00:10:24,649 Magadan: I had heard of a few, maybe. 135 00:10:24,690 --> 00:10:26,624 They were just names. 136 00:10:26,659 --> 00:10:28,593 I don't know them. 137 00:10:30,363 --> 00:10:32,593 Do you know any people who do? 138 00:10:32,632 --> 00:10:34,190 Not that I know of. 139 00:10:34,233 --> 00:10:38,192 Two of them are on the governing board of that local. 140 00:10:38,237 --> 00:10:40,671 I haven't been active in the local for years. 141 00:10:40,706 --> 00:10:42,264 My pension‘s there, that's all. 142 00:10:42,308 --> 00:10:44,674 Still, if you'd mentioned anything, 143 00:10:44,710 --> 00:10:46,837 even out of a sense of loyalty-- 144 00:10:46,879 --> 00:10:48,870 I didn't say anything. 145 00:10:52,385 --> 00:10:55,354 Mr. Magadan... 146 00:10:55,388 --> 00:10:58,448 we're not talking about loyalties and pension funds. 147 00:10:58,491 --> 00:11:02,791 We're talking about the killing of a man who had 23 years on the job. 148 00:11:02,828 --> 00:11:05,353 And we're talking about his wife and his children, 149 00:11:05,398 --> 00:11:07,696 who'll spend months, maybe years, 150 00:11:07,733 --> 00:11:10,725 trying to come to terms with the fact that he is gone. 151 00:11:13,673 --> 00:11:16,972 Look, we're not assessing blame. We just need some help. 152 00:11:17,009 --> 00:11:19,477 We've got to know whether you said anything. 153 00:11:19,512 --> 00:11:21,844 I didn't. I swear. Nothing was said. 154 00:11:28,954 --> 00:11:31,047 ( water flushing ) 155 00:11:38,364 --> 00:11:40,332 Captain tells me we're partnering. 156 00:11:40,366 --> 00:11:42,129 Yeah. 157 00:11:44,370 --> 00:11:45,894 I'm sorry about Max. 158 00:11:45,938 --> 00:11:48,304 Yeah. 159 00:11:49,709 --> 00:11:51,677 Listen... 160 00:11:51,711 --> 00:11:53,838 Phil. 161 00:11:53,879 --> 00:11:57,144 I know you're the new whip and everything, but I got a few things-- 162 00:11:57,183 --> 00:12:01,244 Mike, you know all the players on this copper business. I need you on point. 163 00:12:02,988 --> 00:12:04,478 Okay. 164 00:12:04,590 --> 00:12:06,683 Okay. 165 00:12:12,665 --> 00:12:15,293 Logan: You, Stern, Neffer, you were all indicted. 166 00:12:15,334 --> 00:12:18,132 And you don't know anything about the special investigator 167 00:12:18,170 --> 00:12:19,967 that got tossed down on 48th Street? 168 00:12:20,005 --> 00:12:23,771 Yeah, well, sure. Everybody's heard about it, but I don't know nothing. 169 00:12:28,514 --> 00:12:30,812 Well, I want you to think about it, Vince. 170 00:12:30,850 --> 00:12:34,479 Because I got a hundred bucks that says the guys that threw him off the roof 171 00:12:34,520 --> 00:12:37,455 were the same ones who killed my partner, Detective Greevey. 172 00:12:37,490 --> 00:12:42,189 I swear, Detective, I'm just a salesman. 173 00:12:43,863 --> 00:12:46,423 - He seems okay to me. - Yeah. 174 00:12:46,465 --> 00:12:50,299 - Maybe a few degrees too cool. - Another hothead? 175 00:12:50,436 --> 00:12:52,836 Another mick. Your lot in life, Phil. 176 00:12:55,040 --> 00:12:57,508 Max was not exactly "Mr. Mellow." 177 00:12:57,543 --> 00:13:00,103 I can imagine these two guys together. 178 00:13:00,146 --> 00:13:02,512 They did fine. 179 00:13:05,117 --> 00:13:08,109 You and Mike get a list of the indictees? 180 00:13:08,154 --> 00:13:09,781 Yeah, tomorrow. 181 00:13:09,822 --> 00:13:11,949 Mike and I are going out tomorrow on a couple of them. 182 00:13:11,991 --> 00:13:13,322 Good. 183 00:13:13,359 --> 00:13:15,793 I restore old buildings. 184 00:13:15,828 --> 00:13:17,625 I consider myself a conservator 185 00:13:17,663 --> 00:13:20,791 of the city's architectural heritage. 186 00:13:20,833 --> 00:13:22,858 Cerreta: Very noble of you, Mr. Neffer. 187 00:13:22,902 --> 00:13:24,893 Is this part of your conservatorship? 188 00:13:24,937 --> 00:13:28,304 It's pipe. What do you want? 189 00:13:28,340 --> 00:13:32,276 All kosher, Howie? We hear it's stolen. 190 00:13:32,311 --> 00:13:34,279 You want to show me a search warrant? 191 00:13:34,313 --> 00:13:37,248 You think we're gonna load a bunch of pipe in our trunk? 192 00:13:37,283 --> 00:13:38,807 We don't need a search warrant. 193 00:13:38,851 --> 00:13:41,342 We'll go back and get you an arrest warrant. 194 00:13:41,387 --> 00:13:43,150 ( clattering ) 195 00:13:43,189 --> 00:13:45,180 Just tell me what you want. 196 00:13:45,224 --> 00:13:47,954 Cerreta: Somebody on the secret grand jury couldn’t keep his big mouth shut. 197 00:13:47,993 --> 00:13:49,984 We believe that information led 198 00:13:50,029 --> 00:13:52,293 to the murder Detective Logan's partner. 199 00:13:54,033 --> 00:13:56,558 Why me? I don't know anything about that. 200 00:13:56,602 --> 00:13:59,662 We know you supplied a lot of pipe to the 48th Street project. 201 00:13:59,705 --> 00:14:02,799 Remember that one? That's the one they tossed Inspector Janklow off. 202 00:14:02,842 --> 00:14:05,504 I had nothing to do with that. 203 00:14:05,544 --> 00:14:07,535 Who did? 204 00:14:08,614 --> 00:14:12,243 Ask Morgan Stern. He told me to-- 205 00:14:15,821 --> 00:14:17,812 He told you what? 206 00:14:19,158 --> 00:14:21,388 To keep my mouth shut about the leak. 207 00:14:25,831 --> 00:14:27,958 Stone: Ball's in your court, Mr. Stern. 208 00:14:28,000 --> 00:14:31,265 I want immunity on anything that may come of this. 209 00:14:31,303 --> 00:14:33,430 I want to know where you got the information on the grand jury. 210 00:14:33,472 --> 00:14:36,373 You already stated to Detectives Cerreta and Logan 211 00:14:36,408 --> 00:14:40,003 that you did warn Howard Neffer to keep his mouth shut about the leak! 212 00:14:41,647 --> 00:14:43,672 I want to know who that leak is! 213 00:14:46,352 --> 00:14:50,345 All right. How about immunity on the copper theft? 214 00:14:50,389 --> 00:14:53,756 Five more seconds of this, you'll need immunity on a lot more than that. 215 00:14:53,792 --> 00:14:56,590 My project manager. 216 00:14:56,629 --> 00:14:58,119 His name?! 217 00:15:02,968 --> 00:15:04,902 Magadan. 218 00:15:06,472 --> 00:15:08,599 Robinette: Magadan-- the old man? 219 00:15:08,641 --> 00:15:12,441 No, his son-- Daniel Magadan Jr. 220 00:15:13,646 --> 00:15:16,581 The grand jury foreman told his son. 221 00:15:19,985 --> 00:15:22,283 I'll be a son of a bitch. 222 00:15:27,326 --> 00:15:29,123 Mr. Magadan, 223 00:15:29,161 --> 00:15:31,288 we're not interested in why you lied. 224 00:15:31,330 --> 00:15:33,594 What we need to know is, why did you tell 225 00:15:33,632 --> 00:15:35,361 your son about the grand jury? 226 00:15:37,002 --> 00:15:38,970 He said he had a friend who wanted to know 227 00:15:39,004 --> 00:15:40,938 what the grand jury was getting. 228 00:15:40,973 --> 00:15:42,463 I told him not to be a hero. 229 00:15:42,508 --> 00:15:44,806 If his friend was mixed up in something like that, 230 00:15:44,843 --> 00:15:47,141 then it was none of his business. 231 00:15:47,179 --> 00:15:48,840 That's all? 232 00:15:50,683 --> 00:15:53,379 I told him this Detective Greevey was going to name names, 233 00:15:53,419 --> 00:15:55,910 and I hoped to God the name Magadan wasn't one of them. 234 00:15:55,955 --> 00:15:58,150 Where's your son now, Mr. Magadan? 235 00:15:58,190 --> 00:15:59,885 I don't know. 236 00:16:02,628 --> 00:16:04,619 That I swear-- I don't. 237 00:16:13,639 --> 00:16:16,335 Look, I got-- Just two minutes. 238 00:16:25,150 --> 00:16:26,981 These Danny's friends? 239 00:16:28,487 --> 00:16:30,478 The ones he's covering for? 240 00:16:34,660 --> 00:16:36,821 If he's protecting someone, it's wrong. 241 00:16:38,464 --> 00:16:41,024 You know it’s wrong. 242 00:16:43,669 --> 00:16:47,605 My partner died because you opened your mouth on the grand jury. 243 00:16:52,011 --> 00:16:54,002 I'm not going away. 244 00:16:55,014 --> 00:16:57,676 Somebody's got to do something right. 245 00:17:02,454 --> 00:17:04,888 Danny came to me about the grand jury. 246 00:17:04,923 --> 00:17:07,391 Pumped me for info. 247 00:17:08,961 --> 00:17:11,122 Said it was for a friend-- 248 00:17:12,865 --> 00:17:16,562 but maybe there was no friend. Maybe he did it for himself. 249 00:17:16,602 --> 00:17:19,264 - What do you mean? - I don't know. 250 00:17:19,304 --> 00:17:23,172 Mr. Magadan, if you're saying your son killed my partner, 251 00:17:23,208 --> 00:17:25,972 then every cop in this city will be gunning for him. 252 00:17:34,119 --> 00:17:36,110 His best bet is with me. 253 00:17:38,157 --> 00:17:40,921 Any other cop, the odds go down to 50-50. 254 00:17:43,996 --> 00:17:46,089 Your word you won't hurt him? 255 00:17:47,099 --> 00:17:49,090 I promise. 256 00:18:00,212 --> 00:18:02,237 ( train wheels screech ) 257 00:18:08,454 --> 00:18:09,785 Hey, Danny...? 258 00:18:22,301 --> 00:18:24,132 Freeze! 259 00:18:28,974 --> 00:18:31,340 On your head. On your head! 260 00:18:37,583 --> 00:18:39,642 The name "Max Greevey" ring a bell, Danny? 261 00:18:39,685 --> 00:18:41,619 I don't know what you're talking about. 262 00:18:41,653 --> 00:18:45,783 You throw Inspector Janklow off a roof, then kill my partner to shut him up? 263 00:18:45,824 --> 00:18:47,451 No. No? 264 00:18:47,493 --> 00:18:49,654 No. 265 00:18:52,998 --> 00:18:55,796 - Get on your knees. - What? 266 00:18:55,834 --> 00:18:57,961 I said, get on your knees. 267 00:19:06,445 --> 00:19:08,709 This is how you did my partner, isn't it? 268 00:19:08,747 --> 00:19:12,513 I swear, I didn't kill nobody. 269 00:19:20,292 --> 00:19:22,283 I don't believe you. 270 00:19:26,131 --> 00:19:29,157 I'm just gonna ask you one more time, "Danny boy." 271 00:19:31,803 --> 00:19:33,771 (sobbing ) Oh, God... 272 00:19:35,774 --> 00:19:37,708 Please...! 273 00:19:37,743 --> 00:19:39,540 (hammer clicks) 274 00:19:43,649 --> 00:19:45,617 I did it, okay? 275 00:19:45,651 --> 00:19:47,175 I did it. 276 00:19:59,498 --> 00:20:02,467 You do understand you have the right to an attorney? 277 00:20:02,501 --> 00:20:04,799 You maintain you've passed on that right? 278 00:20:04,836 --> 00:20:06,463 Yeah, I understand. 279 00:20:06,505 --> 00:20:09,804 I've been through all this already with that psychotic. 280 00:20:09,841 --> 00:20:12,639 We'll go over it again, for the record. 281 00:20:12,678 --> 00:20:14,976 You don't mind, do you, Mr. Magadan? 282 00:20:15,013 --> 00:20:16,844 No. 283 00:20:18,016 --> 00:20:19,745 Will you tell me something? 284 00:20:19,785 --> 00:20:22,447 How did you find out where Sgt. Greevey lived? 285 00:20:25,190 --> 00:20:28,159 Some chick my cousin knows who works at the DMV. 286 00:20:29,861 --> 00:20:31,852 It's not that tough. 287 00:20:33,365 --> 00:20:35,799 So I went out there and parked across the street. 288 00:20:37,369 --> 00:20:39,837 Then you got out of your car... 289 00:20:39,871 --> 00:20:43,102 and you shot him. Isn't that correct? 290 00:20:46,044 --> 00:20:48,512 Not quite like that. 291 00:20:48,547 --> 00:20:54,213 I mean, I had to wait a few hours... 292 00:20:54,253 --> 00:20:57,689 and when he came out, I pulled into his driveway. 293 00:20:57,723 --> 00:20:59,714 Intending to shoot him? 294 00:21:03,161 --> 00:21:05,629 Not necessarily. 295 00:21:05,664 --> 00:21:10,795 I thought maybe I could scare him off or something, you know? 296 00:21:10,836 --> 00:21:13,498 Threaten his old lady if I could get her alone. 297 00:21:17,342 --> 00:21:19,936 What happened to make you change your mind? 298 00:21:25,684 --> 00:21:28,152 I don't know. 299 00:21:28,186 --> 00:21:30,654 When he came out... 300 00:21:30,689 --> 00:21:32,680 he was just... 301 00:21:34,192 --> 00:21:36,183 there. 302 00:21:37,863 --> 00:21:39,990 I kind of lost it. 303 00:21:44,202 --> 00:21:46,830 You said the gun was not yours. 304 00:21:46,872 --> 00:21:49,841 No, it belongs to the construction company. 305 00:21:49,875 --> 00:21:52,366 I've got an extra key to the trailer. 306 00:21:52,411 --> 00:21:54,675 That's where the gun is now, in the trailer? 307 00:21:54,713 --> 00:21:56,112 Yeah. 308 00:21:56,148 --> 00:21:58,013 Bull's-eye. 309 00:21:58,050 --> 00:22:00,075 Cerreta: Where exactly is it kept? 310 00:22:00,118 --> 00:22:03,451 Danny: You want me to hand it over to you on a silver platter? 311 00:22:03,488 --> 00:22:05,456 Good job. 312 00:22:05,490 --> 00:22:07,958 Make sure I get a copy of that confession. 313 00:22:07,993 --> 00:22:09,961 Cerreta: You need to be very specific 314 00:22:09,995 --> 00:22:11,622 when we go in front of the judge. 315 00:22:11,663 --> 00:22:13,961 You know the drill. Search warrant-- 316 00:22:13,999 --> 00:22:16,627 It's in the toolbox right there 317 00:22:16,668 --> 00:22:20,900 with the tools and the rest of the stuff. 318 00:22:24,509 --> 00:22:26,306 Mike... 319 00:22:26,345 --> 00:22:28,813 looks like you got this guy dead to rights, huh? 320 00:22:28,847 --> 00:22:30,644 I guess so. 321 00:22:30,682 --> 00:22:32,980 You want to check it before I hand it in? 322 00:22:33,018 --> 00:22:36,215 Just make sure all the "T's" are crossed and the "I's" are dotted. 323 00:22:38,023 --> 00:22:40,924 - I'm sure it's fine. - It's all kosher? 324 00:22:43,695 --> 00:22:46,823 You want me to freakin' proofread it, or what, Phil? 325 00:22:46,865 --> 00:22:50,995 It's just that... in case you had to drag it out of him-- 326 00:22:51,036 --> 00:22:54,528 ( softly ) we ought to know that before his lawyer comes on board. 327 00:22:59,311 --> 00:23:01,302 He's saying I dragged it out of him? 328 00:23:03,014 --> 00:23:05,005 He said something like that. 329 00:23:05,050 --> 00:23:07,382 You see any marks on the guy? 330 00:23:08,820 --> 00:23:10,788 It isn't that. 331 00:23:10,822 --> 00:23:13,620 It's that he said you threatened to kill him. 332 00:23:13,658 --> 00:23:16,252 He said that, huh? 333 00:23:19,464 --> 00:23:21,455 A cop killer? 334 00:23:23,001 --> 00:23:25,469 You think I would have killed him. Phil? 335 00:23:27,105 --> 00:23:29,096 I don't know, Mike. 336 00:23:30,175 --> 00:23:32,166 I don't know what's in your mind. 337 00:23:33,779 --> 00:23:35,770 I don't know you well enough. 338 00:23:37,682 --> 00:23:39,673 That's right... 339 00:23:39,718 --> 00:23:41,709 you don't. 340 00:23:43,155 --> 00:23:45,646 Cragen: "Maybe threaten his old lady. " 341 00:23:45,690 --> 00:23:49,251 Too bad he didn't take that route. Marie would have kicked his ass. 342 00:23:50,462 --> 00:23:53,920 - That's for sure. - Everything all right with you two? 343 00:23:53,965 --> 00:23:56,798 Oh, yeah. He's a good kid. The collar is top of the line. 344 00:23:56,835 --> 00:23:59,065 We got a 100-proof case against the skeI-- 345 00:23:59,104 --> 00:24:02,232 Whoa, Phil, let's stop with the cliches already. 346 00:24:02,274 --> 00:24:03,969 What's going on? 347 00:24:08,980 --> 00:24:11,813 Suppose Logan went a little over the line on this one? 348 00:24:14,486 --> 00:24:18,286 - How far over? - Not much, maybe five yards. 349 00:24:18,323 --> 00:24:20,450 I wasn't even gonna mention this, 350 00:24:20,492 --> 00:24:22,460 but apparently, or maybe, 351 00:24:22,494 --> 00:24:24,325 he was gonna blow this guy's brains out. 352 00:24:24,362 --> 00:24:26,626 What the hell is that supposed to mean? 353 00:24:26,665 --> 00:24:31,659 Magadan says that Logan was waving his gun at him. 354 00:24:33,505 --> 00:24:35,973 Mike's got to be thinking this guy is armed. 355 00:24:36,007 --> 00:24:38,635 I mean, this is the guy who killed his partner. 356 00:24:38,677 --> 00:24:40,440 Yeah. And he would have his gun out. 357 00:24:40,479 --> 00:24:42,674 It was dark. 358 00:24:45,350 --> 00:24:47,341 And you gotta be careful. 359 00:24:54,359 --> 00:24:56,520 I mean, what are you going to do? 360 00:25:16,481 --> 00:25:18,472 Mike? 361 00:25:19,484 --> 00:25:21,475 Anything you want to tell me? 362 00:25:22,487 --> 00:25:24,478 Yeah. 363 00:25:25,490 --> 00:25:27,481 I got us Max's killer. 364 00:25:30,829 --> 00:25:32,296 Okay, let's get a warrant, 365 00:25:32,330 --> 00:25:35,663 get that freakin' gun in here before something happens to it. 366 00:25:37,836 --> 00:25:39,804 Cerreta: Mr. Stern, we have a warrant 367 00:25:39,838 --> 00:25:41,669 to search these premises. 368 00:26:23,148 --> 00:26:26,948 If it's true, the officer's use of his gun to get a confession-- 369 00:26:26,985 --> 00:26:30,079 With all due respect, Judge, these allegations of threats are not relevant to bail. 370 00:26:30,121 --> 00:26:33,682 Hold it. If you believe your client's statement was coerced, 371 00:26:33,725 --> 00:26:35,750 make a motion to suppress it. 372 00:26:35,794 --> 00:26:38,285 People's case appears to be tight-- 373 00:26:38,330 --> 00:26:41,561 confession was made inside the precinct, the murder weapon was recovered, 374 00:26:41,600 --> 00:26:44,592 corroborative evidence-- bail's out of the question. 375 00:26:44,636 --> 00:26:46,263 Fine, Judge. 376 00:26:46,304 --> 00:26:49,796 Legal Aid only represents Mr. Magadan for this arraignment. 377 00:26:49,841 --> 00:26:52,503 I'm sure that his regular attorney will submit papers 378 00:26:52,544 --> 00:26:54,910 challenging a confession obtained at the point of a gun. 379 00:26:54,946 --> 00:26:57,176 To which the People will respond. 380 00:26:57,215 --> 00:27:00,844 Pursuant to Criminal Procedure Law, Section 51040, 381 00:27:00,885 --> 00:27:03,979 the defendant is remanded to the custody of the State. 382 00:27:05,790 --> 00:27:07,883 Bailiff: Docket number 64733. 383 00:27:09,494 --> 00:27:11,587 Defense attorney: Paul-- 384 00:27:11,630 --> 00:27:14,224 Dave, if this is the "rubber hose" routine, I've heard it a thousand times. 385 00:27:14,265 --> 00:27:18,599 Well, this was no rubber hose. It was a .38 police special. 386 00:27:18,637 --> 00:27:21,800 - And you're buying? - Hey, I hear this twice as much as you guys. 387 00:27:21,840 --> 00:27:23,467 I got nothing invested here. 388 00:27:23,508 --> 00:27:26,966 Once his high-priced mouthpiece rolls in, my office is gone. 389 00:27:27,012 --> 00:27:29,776 I'm telling you, it feels on the level. 390 00:27:29,814 --> 00:27:33,079 And if it is, it's a big pile you've stepped in. 391 00:27:36,888 --> 00:27:40,619 From out of nowhere, this detective rousts me. 392 00:27:40,659 --> 00:27:42,490 I'm trying to be cool, 393 00:27:42,527 --> 00:27:45,223 but I figure the guy's on speed or something. 394 00:27:46,831 --> 00:27:49,459 Why do you think that? 395 00:27:49,501 --> 00:27:52,595 Because before I'm halfway into my act... 396 00:27:54,339 --> 00:27:56,204 he puts his piece here. 397 00:27:58,677 --> 00:28:01,271 He asks me did I kill the fat cop. 398 00:28:02,447 --> 00:28:04,438 I don't say anything. 399 00:28:06,418 --> 00:28:08,409 I hear the hammer go back-- 400 00:28:10,288 --> 00:28:12,882 click... click... 401 00:28:15,193 --> 00:28:17,423 No bruises or cuts. No way to verify it. 402 00:28:17,462 --> 00:28:19,453 You just spilled your guts. 403 00:28:21,633 --> 00:28:24,761 You know how to read a rap sheet, don't you? 404 00:28:24,803 --> 00:28:27,636 Five arrests, three convictions. 405 00:28:28,973 --> 00:28:30,941 So you're a loser. So...? 406 00:28:30,975 --> 00:28:33,739 So, no guilty pleas. 407 00:28:36,981 --> 00:28:39,040 Two years ago, I got popped in Jersey. 408 00:28:39,084 --> 00:28:41,882 A missing semi-trailer full of microwaves. 409 00:28:43,822 --> 00:28:46,723 A sergeant questions me with a cigar. 410 00:28:47,992 --> 00:28:51,018 I didn't talk then, either. 411 00:28:51,062 --> 00:28:53,121 But this son of-- 412 00:28:54,766 --> 00:28:56,757 and that sound... 413 00:28:59,337 --> 00:29:01,328 "click." 414 00:29:05,543 --> 00:29:06,908 The guy was brought in, 415 00:29:06,945 --> 00:29:10,904 Sergeant Cerreta Mirandized him, he duly confessed. 416 00:29:10,949 --> 00:29:12,576 That doesn't undo the damage. 417 00:29:12,617 --> 00:29:15,245 What damage? You were there yourself, for crying out loud! 418 00:29:15,286 --> 00:29:17,982 - You see anything screwy? - Not in the interrogation room. 419 00:29:18,022 --> 00:29:21,423 Can I cut in on this tap dance? We're talking about the alley, right? 420 00:29:21,459 --> 00:29:24,087 What's the difference? You have a signed confession. 421 00:29:24,129 --> 00:29:26,256 I get the feeling we're not getting the whole truth. 422 00:29:30,969 --> 00:29:33,597 - Well, Mike? - Well, what? 423 00:29:33,638 --> 00:29:36,106 I asked the guy about Max, he blurted it out. 424 00:29:36,141 --> 00:29:38,575 Did you help him? Did you? 425 00:29:41,813 --> 00:29:43,610 What I am asking you, Detective, 426 00:29:43,648 --> 00:29:47,379 is did you threaten Mr. Magadan in order to obtain information? 427 00:29:47,418 --> 00:29:49,943 - I pressured him, okay? - Mike-- 428 00:29:49,988 --> 00:29:53,116 What the hell is this? You expect me to sit on my ass 429 00:29:53,158 --> 00:29:55,149 while my partner's killer walks around free?! 430 00:29:55,193 --> 00:29:58,526 Either way, that is exactly what is going to happen. 431 00:29:58,563 --> 00:30:00,793 Because if the first confession is coerced, 432 00:30:00,832 --> 00:30:02,959 then so is the second, and the third... 433 00:30:03,001 --> 00:30:05,765 no matter how many times you Mirandize the suspect. 434 00:30:05,804 --> 00:30:07,738 Coercion is a judgment call. 435 00:30:07,772 --> 00:30:09,967 My guy never laid a glove on the son of a bitch. 436 00:30:10,008 --> 00:30:12,977 That doesn't matter. If he coerced the first confession, 437 00:30:13,011 --> 00:30:15,479 it is still "fruit of the poisonous tree." 438 00:30:15,513 --> 00:30:18,812 What "fruit"? What's it some stupid technicality? 439 00:30:18,850 --> 00:30:21,148 Perhaps you can explain the concept to your men, 440 00:30:21,186 --> 00:30:23,711 so they don't let another cop killer walk. 441 00:30:26,658 --> 00:30:30,822 I doubt if Max Greevey would've considered it a "technicality." 442 00:30:35,200 --> 00:30:37,168 So Stone's holding you responsible 443 00:30:37,202 --> 00:30:39,830 for Magadan possibly getting off. 444 00:30:39,871 --> 00:30:41,839 You think that's fair? 445 00:30:42,373 --> 00:30:44,170 No, I don't. 446 00:30:44,209 --> 00:30:46,370 But I don't give a damn what he thinks. 447 00:30:47,545 --> 00:30:50,013 - That's not what I asked you. - It's not? 448 00:30:51,549 --> 00:30:55,849 What I'm asking is, do you feel it's a fair assessment? 449 00:30:55,887 --> 00:31:00,187 You mean, do I feel responsible for Max getting blown away? 450 00:31:00,225 --> 00:31:03,456 Maybe, if I'd gone home with him, you know? 451 00:31:03,494 --> 00:31:05,621 Maybe he wouldn't have gotten zipped. 452 00:31:07,665 --> 00:31:11,533 Maybe I just should've stepped in front of that bullet myself, right? 453 00:31:24,349 --> 00:31:27,477 No, I don't feel responsible. 454 00:31:28,519 --> 00:31:30,851 I feel incredibly... 455 00:31:32,690 --> 00:31:34,715 angry. 456 00:31:39,364 --> 00:31:41,559 That one of your "seven stages"? 457 00:31:46,037 --> 00:31:48,028 Great. 458 00:31:49,374 --> 00:31:52,002 This is a statement which Detective Logan 459 00:31:52,043 --> 00:31:54,011 gave voluntarily to the investigators 460 00:31:54,045 --> 00:31:55,672 of the Internal Affairs Division. 461 00:31:55,713 --> 00:31:59,205 Please read it over, Mr. McAnalIy, and advise your client. 462 00:31:59,250 --> 00:32:03,118 Now, Don, where are we going to assign him until this thing is resolved? 463 00:32:03,154 --> 00:32:06,783 Temp desk. Plus he's got some vacation time coming. 464 00:32:08,493 --> 00:32:11,291 You don't expect the lad to sign this right here now, I hope? 465 00:32:11,329 --> 00:32:13,092 He and I have got some conferring to do. 466 00:32:13,131 --> 00:32:15,964 Come on-- what am I, the stiff at my own funeral? 467 00:32:16,000 --> 00:32:17,968 "Aw, poor Mike, he looks so Iifelike--" 468 00:32:18,002 --> 00:32:19,629 Come on, cool it, Mike. What for? 469 00:32:19,671 --> 00:32:22,265 Everybody's acting like I’m the one that's dead. 470 00:32:23,341 --> 00:32:25,866 ( sighs ) "Menacing." 471 00:32:25,910 --> 00:32:28,140 You're charging me with a class B misdemeanor? 472 00:32:28,179 --> 00:32:30,511 We are not charging you with anything yet, 473 00:32:30,548 --> 00:32:33,813 but I do suggest you talk to your captain here 474 00:32:33,851 --> 00:32:37,150 about the odds on your losing your pension and your badge, 475 00:32:37,188 --> 00:32:39,179 and the possibility of a million dollar lawsuit against you 476 00:32:39,223 --> 00:32:41,418 for violating Mr. Magadan's civil rights. 477 00:32:41,459 --> 00:32:44,121 His civil rights?! 478 00:32:45,196 --> 00:32:47,289 What about Max's civil rights? 479 00:32:47,332 --> 00:32:49,926 This is not a case of ends justifying the means. 480 00:32:49,968 --> 00:32:52,493 Of course it is, and you know it. 481 00:32:52,537 --> 00:32:54,232 You know it, because you do 482 00:32:54,272 --> 00:32:56,832 the exact same thing every day of the week. 483 00:32:56,874 --> 00:32:59,001 You threaten to send them away, 484 00:32:59,043 --> 00:33:02,308 or whisper their dirty little secrets to their wives or their bosses. 485 00:33:02,347 --> 00:33:05,783 You threaten to screw up their lives just so you can get a little information from them. 486 00:33:05,817 --> 00:33:09,685 I didn't do it at gunpoint, Detective. There's a big difference. 487 00:33:13,825 --> 00:33:16,919 Mike, as your PBA attorney, I must advise you not to sign-- 488 00:33:16,961 --> 00:33:17,985 Why not? 489 00:33:22,000 --> 00:33:23,991 It's the truth. 490 00:33:33,011 --> 00:33:34,979 Just lucky that this isn't L.A.-- 491 00:33:35,013 --> 00:33:37,140 everybody walks around with a video camera. 492 00:33:37,181 --> 00:33:40,582 What's the point? He never physically injured the guy. 493 00:33:40,618 --> 00:33:42,142 The best we can do is menacing. 494 00:33:42,186 --> 00:33:45,485 - It's a B misdemeanor. - For blowing our case?! 495 00:33:45,523 --> 00:33:48,151 I'd bust him for reckless endangerment if I could. 496 00:33:48,192 --> 00:33:50,524 Stone: I thought of that. But his partner was killed. 497 00:33:50,561 --> 00:33:52,654 No jury would convict. 498 00:33:52,697 --> 00:33:56,565 Any chance of arguing the confession wasn't coerced? 499 00:33:56,601 --> 00:34:01,265 - With a gun to his head? - The man is a suspect in a cop killing! 500 00:34:01,305 --> 00:34:04,502 - If Logan saw a gun-- - Adam, there was no gun. 501 00:34:04,542 --> 00:34:06,840 There's no nothing. Every piece of evidence, 502 00:34:06,878 --> 00:34:09,278 every statement is tainted by Logan’s reckless action. 503 00:34:09,313 --> 00:34:10,803 It's all useless. 504 00:34:15,153 --> 00:34:17,553 A guy kills a cop. Catch him... 505 00:34:17,588 --> 00:34:20,955 and we can't close. Hell of a system. 506 00:34:22,794 --> 00:34:26,924 Talk to Logan. Maybe Magadan said something 507 00:34:26,964 --> 00:34:30,593 before he pulled his little stunt with the .38. 508 00:34:32,170 --> 00:34:35,298 Logan: His father told me where he was. I took him by surprise. 509 00:34:35,339 --> 00:34:37,068 It hasn't changed since yesterday, Paul. 510 00:34:38,276 --> 00:34:40,267 Hey, we're on the same side. 511 00:34:42,780 --> 00:34:47,114 What about the initial investigation? Can we get him on anything else? 512 00:34:50,788 --> 00:34:52,779 Magadan's name never came up. 513 00:34:53,791 --> 00:34:56,988 Look, we got the owner of the company on the ropes. 514 00:34:57,028 --> 00:34:58,757 Anything we can use there? 515 00:35:00,031 --> 00:35:02,659 Morgan Stern was one of the heavies in the copper scam, 516 00:35:02,700 --> 00:35:04,725 but we weren't able to get to him. 517 00:35:04,769 --> 00:35:06,430 (sighs) 518 00:35:06,471 --> 00:35:09,872 We were waiting for Judge Merlis to sign search warrant apps 519 00:35:09,907 --> 00:35:11,898 for half a dozen construction sites. 520 00:35:11,943 --> 00:35:14,343 Are they still unsigned? 521 00:35:14,378 --> 00:35:17,609 Due out the day after Max went down. 522 00:35:19,484 --> 00:35:21,611 You may be a hero after all. 523 00:35:22,820 --> 00:35:24,811 Yeah, right. 524 00:35:27,992 --> 00:35:31,086 We're arguing what if, basically. It's a pretty big if. 525 00:35:31,129 --> 00:35:34,394 No, we're arguing inevitability. The first batch of unsigned search warrants 526 00:35:34,432 --> 00:35:37,026 are very much apropos to the grand jury investigation. 527 00:35:37,068 --> 00:35:40,799 And had they been signed, Cerreta and Logan 528 00:35:40,838 --> 00:35:44,365 could have used the task force warrants to confiscate the gun? 529 00:35:44,408 --> 00:35:48,811 Making any search warrant springing from the coerced confessions unnecessary. 530 00:35:48,846 --> 00:35:51,815 Either way, we would've found the gun. 531 00:35:51,849 --> 00:35:54,477 That's going to take a lot of fast talking. 532 00:35:54,519 --> 00:35:56,817 And we get the calendar against us. 533 00:35:56,854 --> 00:36:00,654 We draw the wrong judge, we're in too deep to tread water. 534 00:36:00,691 --> 00:36:03,421 Then it's sink or swim. 535 00:36:04,462 --> 00:36:06,794 We got a choice? 536 00:36:06,831 --> 00:36:08,696 No. 537 00:36:14,472 --> 00:36:16,565 The gun is the fruit of the coerced confession. 538 00:36:16,607 --> 00:36:18,598 It must be excluded. 539 00:36:18,643 --> 00:36:20,440 Tainted evidence is admissible 540 00:36:20,478 --> 00:36:24,244 if it would inevitably have been found by other police techniques. 541 00:36:24,282 --> 00:36:25,715 And the Fourth Amendment is obsolete? 542 00:36:25,750 --> 00:36:28,446 It is the exception to the exclusionary rule. 543 00:36:28,486 --> 00:36:31,455 Now, the task force applied for a search warrant 544 00:36:31,489 --> 00:36:33,616 during the grand jury investigation of corruption 545 00:36:33,658 --> 00:36:35,683 and before Detective Greevey was murdered. 546 00:36:35,726 --> 00:36:38,524 - It was never signed. - Inevitably, it would have been. 547 00:36:38,563 --> 00:36:42,124 It's very specific, Your Honor. It covers cash, documents and weapons. 548 00:36:42,166 --> 00:36:43,861 No doubt we would have found that gun. 549 00:36:43,901 --> 00:36:46,028 Your Honor, he is "bootstrapping." 550 00:36:46,070 --> 00:36:49,130 His entire evidence string was poisoned by the coerced confession. 551 00:36:49,173 --> 00:36:51,300 Now he's begging for another way in. 552 00:36:51,342 --> 00:36:54,140 Supreme Court's stance on the scope 553 00:36:54,178 --> 00:36:56,612 of warrants is much looser than it's ever been. 554 00:36:56,647 --> 00:36:59,480 Given the recent Fulminante decision... 555 00:37:02,620 --> 00:37:05,088 I'm gonna have to allow the gun into evidence. 556 00:37:05,122 --> 00:37:06,953 - Your Honor! - But... 557 00:37:06,991 --> 00:37:10,757 any reference whatsoever to Mr. Magadan's confession 558 00:37:10,795 --> 00:37:14,424 and I declare a mistrial before Mr. Lambrusco here 559 00:37:14,465 --> 00:37:18,094 even thinks about objecting. Understood? 560 00:37:18,135 --> 00:37:21,127 We found out the gun was located in a trailer 561 00:37:21,172 --> 00:37:24,608 at a construction site on West 51st Street. 562 00:37:24,642 --> 00:37:27,270 - Did you obtain a warrant for the site? - Yes, we did. 563 00:37:27,311 --> 00:37:31,441 And when we arrived we discovered the gun at the specified trailer. 564 00:37:31,482 --> 00:37:33,450 Stone: To whom was the gun registered? 565 00:37:33,484 --> 00:37:36,783 Morgan Stern, the defendant's employer. 566 00:37:36,821 --> 00:37:39,085 The permit limits use of the gun 567 00:37:39,123 --> 00:37:41,148 to the construction site only. 568 00:37:41,192 --> 00:37:43,626 For purposes of security, I presume? 569 00:37:43,661 --> 00:37:47,290 - I would guess. - Thank you. No more questions. 570 00:37:49,000 --> 00:37:53,699 Let's stay with this famous gun, Detective. 571 00:37:53,738 --> 00:37:56,036 Now you testified 572 00:37:56,073 --> 00:37:58,974 that you didn't find it on Mr. Magadan when you arrested him? 573 00:38:00,645 --> 00:38:02,636 That's correct. 574 00:38:02,680 --> 00:38:06,241 Did you recover any weapons at all from Mr. Magadan's person? 575 00:38:06,284 --> 00:38:08,013 No, he was unarmed. 576 00:38:09,387 --> 00:38:13,414 Now, at that moment when you first confronted Mr. Magadan in that alley, 577 00:38:13,457 --> 00:38:17,018 did you consider him to be a witness or a suspect? 578 00:38:23,968 --> 00:38:26,027 He wasn't immediately arrested. 579 00:38:26,070 --> 00:38:28,766 And yet you placed him under arrest 580 00:38:28,806 --> 00:38:31,366 just a few moments later, did you not? 581 00:38:32,710 --> 00:38:34,701 Yes, I did. 582 00:38:44,922 --> 00:38:48,483 I was at the site checking on some invoices. 583 00:38:48,526 --> 00:38:50,892 Danny showed up, he was surprised to see me. 584 00:38:50,928 --> 00:38:53,453 Did he have the gun when he arrived? 585 00:38:53,497 --> 00:38:55,488 It was dark, 586 00:38:55,533 --> 00:38:57,967 but he seemed to be hiding something. 587 00:38:58,002 --> 00:39:00,129 Could you describe what that something was? 588 00:39:00,171 --> 00:39:02,230 It was pretty obvious it was a gun. 589 00:39:02,273 --> 00:39:04,571 Did Mr. Magadan say anything? 590 00:39:04,608 --> 00:39:08,237 He was sweaty, kind of whacked out. 591 00:39:08,279 --> 00:39:11,112 I asked him what was up, he said, "The grand jury thing." 592 00:39:11,148 --> 00:39:14,845 He was terrified that they were going to look into Inspector Janklow's death. 593 00:39:14,885 --> 00:39:16,477 Objection-- hearsay! 594 00:39:16,520 --> 00:39:19,080 Statement against penal interest, Your Honor. 595 00:39:19,123 --> 00:39:21,091 Judge: Overruled. 596 00:39:21,125 --> 00:39:23,116 What else did he say? 597 00:39:23,160 --> 00:39:25,651 He said he "took care of our problem" with the grand jury. 598 00:39:25,696 --> 00:39:27,721 Objection, Your Honor, hearsay. 599 00:39:27,765 --> 00:39:29,756 Overruled. Same reason as before. 600 00:39:29,800 --> 00:39:31,700 Stone: Your witness. 601 00:39:32,970 --> 00:39:34,767 So you never actually saw Mr. Magadan 602 00:39:34,805 --> 00:39:36,602 with a weapon that evening, hm? 603 00:39:36,640 --> 00:39:38,767 No, I said I thought it was obvious. 604 00:39:38,809 --> 00:39:40,970 Isn't it true that you were 605 00:39:41,011 --> 00:39:43,946 among the targets of that secret grand jury, Mr. Stern? 606 00:39:43,981 --> 00:39:46,279 - I have no idea. - Oh, no? 607 00:39:46,317 --> 00:39:48,444 Didn't you make a deal with the District Attorney 608 00:39:48,486 --> 00:39:50,613 for immunity against those indictments 609 00:39:50,654 --> 00:39:52,781 if you agreed to testify against Mr. Magadan? 610 00:39:54,158 --> 00:39:55,591 Yeah-- yes. 611 00:39:55,626 --> 00:40:00,359 So in other words, before this arrangement with the District Attorney, 612 00:40:00,398 --> 00:40:02,628 you had just as much motive as Mr. Magadan 613 00:40:02,666 --> 00:40:04,964 to keep Detective Greevey from testifying. 614 00:40:05,002 --> 00:40:06,629 I'm not crazy enough to kill a cop. 615 00:40:06,670 --> 00:40:08,968 It was your gun! You had access to it. 616 00:40:09,006 --> 00:40:10,974 You certainly had opportunity. 617 00:40:11,008 --> 00:40:13,476 And by your own testimony, Mr. Magadan said 618 00:40:13,511 --> 00:40:16,480 that he had taken care of "your problem with the grand jury"-- 619 00:40:16,514 --> 00:40:17,879 meaning yours as well as his, 620 00:40:17,915 --> 00:40:20,315 - now isn't that correct? - I didn't kill that guy. 621 00:40:20,351 --> 00:40:22,649 Everybody knows that Danny copped to it. 622 00:40:22,686 --> 00:40:25,519 The cop's partner put a gun in his ear, and he lost his water. 623 00:40:25,556 --> 00:40:28,616 Your Honor, I move for an immediate mistrial. 624 00:40:28,659 --> 00:40:30,422 Your Honor, may we recess? 625 00:40:30,461 --> 00:40:33,555 Court is in recess. ( bangs gavel ) 626 00:40:35,199 --> 00:40:37,326 - What's going on here? - It was his question 627 00:40:37,368 --> 00:40:39,131 that elicited the reference to the confession. 628 00:40:39,170 --> 00:40:40,660 And your damn witness! 629 00:40:40,704 --> 00:40:43,434 Are you suggesting he was coached to let it slip out? 630 00:40:43,474 --> 00:40:45,135 What the hell difference does it make now? 631 00:40:45,176 --> 00:40:47,906 Drop the histrionics. Just give me the law. 632 00:40:47,945 --> 00:40:50,277 And make it brief, gentlemen. 633 00:40:55,386 --> 00:40:57,354 What the Supreme Court said recently 634 00:40:57,388 --> 00:40:59,356 in the Fulminante case is to the point. 635 00:40:59,390 --> 00:41:01,255 Yes, the confession is coerced: 636 00:41:01,292 --> 00:41:03,817 yes, the jury heard about it; 637 00:41:03,861 --> 00:41:06,193 no, we needn't throw the case out. 638 00:41:06,230 --> 00:41:10,257 So we all fall back to the Dark Ages because of the Fulminante decision? 639 00:41:10,301 --> 00:41:11,962 What do you suggest? 640 00:41:12,002 --> 00:41:15,403 That we find some guy in Milwaukee with body parts in this freezer 641 00:41:15,439 --> 00:41:18,101 and let him walk because some cop got too rough with him? 642 00:41:18,142 --> 00:41:20,736 That is hardly pertinent, Ben, and you know it. 643 00:41:20,778 --> 00:41:23,542 The hell it isn't! The Supreme Court's decision is based 644 00:41:23,581 --> 00:41:27,677 on the belief that the jury can be instructed to disregard certain remarks. 645 00:41:27,718 --> 00:41:30,118 You warned him yourself, Judge-- 646 00:41:30,154 --> 00:41:32,987 "One mention of the confession and I'll throw the case out." 647 00:41:33,023 --> 00:41:34,513 And that was directed to both of us. 648 00:41:34,558 --> 00:41:38,289 I know what I said, gentlemen. 649 00:41:38,329 --> 00:41:41,162 And I am familiar with the law. 650 00:41:41,198 --> 00:41:42,995 That’s enough for today. 651 00:41:43,033 --> 00:41:45,524 I'll have a decision tomorrow morning. 652 00:41:48,038 --> 00:41:50,336 Judge: I’ve made my ruling, Counselor. 653 00:41:50,374 --> 00:41:53,935 You're guaranteeing a conviction. Why bother-- 654 00:41:53,978 --> 00:41:55,969 Why bother following the guidelines 655 00:41:56,013 --> 00:41:58,504 of the Supreme Court of the United States, Mr. Lambrusco? 656 00:41:58,549 --> 00:42:03,486 Those guidelines violate my client's right against self-incrimination. 657 00:42:03,521 --> 00:42:07,719 Last year's "automatic mistrial" is this year's "harmless error." 658 00:42:07,758 --> 00:42:11,524 The Supreme Court has spoken, Mr. Lambrusco. 659 00:42:12,663 --> 00:42:14,494 Now, it’s the law of the land. 660 00:42:14,532 --> 00:42:17,296 Bottom line, Counselor-- 661 00:42:17,334 --> 00:42:21,464 In addition to whatever else the prosecution can prove, 662 00:42:21,505 --> 00:42:24,133 your client is guilty of bad timing. 663 00:42:25,609 --> 00:42:28,169 Defense motion for a mistrial is denied. 664 00:42:28,212 --> 00:42:29,770 - (gavel strikes ) - Thank you, Your Honor. 665 00:42:29,813 --> 00:42:34,273 Give me 10 minutes, then bring in the jury. 666 00:42:34,318 --> 00:42:37,651 Stone: The world in which Daniel Magadan Jr. lives 667 00:42:37,688 --> 00:42:39,781 has a very simple set of rules-- 668 00:42:39,823 --> 00:42:42,815 "You buy three truckloads of cement, 669 00:42:42,860 --> 00:42:44,885 you pay for two. 670 00:42:44,929 --> 00:42:48,262 An honest building inspector discovers your pattern 671 00:42:48,299 --> 00:42:51,132 of extortion and illegal payoffs, 672 00:42:51,168 --> 00:42:55,605 you toss him 60 stories onto 48th Street. 673 00:42:56,874 --> 00:42:59,342 A police officer testifies against you, 674 00:42:59,376 --> 00:43:01,344 you put three bullets in him. " 675 00:43:03,814 --> 00:43:05,611 The law has a set of rules, too. 676 00:43:05,649 --> 00:43:09,278 Not simple, but ultimately unequivocal-- 677 00:43:09,320 --> 00:43:13,586 "You kill a cop, you go to jail. 678 00:43:13,624 --> 00:43:15,956 You don't get out." 679 00:43:15,993 --> 00:43:17,620 ( door slams ) 680 00:43:17,661 --> 00:43:20,289 Bailiff: All rise, the Court of the Judge Manual Leon 681 00:43:20,331 --> 00:43:21,992 is now in session. 682 00:43:25,336 --> 00:43:27,201 Be seated. 683 00:43:29,640 --> 00:43:33,269 Technically, Mr. Magadan... 684 00:43:33,310 --> 00:43:36,143 you have been found guilty of murder in the first degree, 685 00:43:36,180 --> 00:43:38,410 which is reserved for the killing 686 00:43:38,449 --> 00:43:40,280 ofa police officer in the line of duty. 687 00:43:40,317 --> 00:43:43,844 The death penalty having been held unconstitutional 688 00:43:43,887 --> 00:43:45,912 by our court of appeals in Albany, 689 00:43:45,956 --> 00:43:48,754 renders me powerless to sentence you 690 00:43:48,792 --> 00:43:51,852 to the punishment you so richly deserve. 691 00:43:51,895 --> 00:43:54,489 The Court therefore sentences you 692 00:43:54,531 --> 00:43:59,161 to a term of 25 years to life imprisonment. 693 00:44:01,038 --> 00:44:03,700 The People have recommended the severest limitation 694 00:44:03,741 --> 00:44:06,539 for any possibility of parole. 695 00:44:08,646 --> 00:44:10,910 And I see no reason to disagree. 696 00:44:16,186 --> 00:44:19,178 Maybe life wasn't enough of a sentence. 697 00:44:21,158 --> 00:44:23,524 It's what the law allows. 698 00:44:23,560 --> 00:44:25,551 I can live with it. 699 00:44:29,667 --> 00:44:32,397 I know I went over the line. 700 00:44:33,837 --> 00:44:36,328 I was down on myself for a while, 701 00:44:37,007 --> 00:44:39,532 even though I-- you know, I tried to rationalize it. 702 00:44:45,015 --> 00:44:47,506 I have to find a way... 703 00:44:47,551 --> 00:44:50,042 to forgive myself. 704 00:44:51,355 --> 00:44:54,791 Acceptance, Logan. That's the-- 705 00:44:54,825 --> 00:44:59,091 Yeah-- that's the last stage, right? 706 00:45:07,137 --> 00:45:09,332 Max is dead. 707 00:45:10,808 --> 00:45:13,003 I accept it. 708 00:45:14,144 --> 00:45:16,977 But I'll never accept it, you know? 709 00:45:25,689 --> 00:45:28,180 ( theme music plays )