1 00:00:00,375 --> 00:00:03,545 In the criminal justice system, the people are represented 2 00:00:03,712 --> 00:00:05,964 by two separate yet equally important groups... 3 00:00:06,131 --> 00:00:07,758 the police who investigate crime, 4 00:00:07,925 --> 00:00:10,594 and the district attorneys who prosecute the offenders. 5 00:00:10,761 --> 00:00:13,263 These are their stories. 6 00:00:13,722 --> 00:00:15,557 This isn't a criticism, Mike. 7 00:00:15,724 --> 00:00:17,559 Well, | guess I'm a little hypersensitive. 8 00:00:17,726 --> 00:00:19,561 Look, it probably won't hurt us. 9 00:00:19,728 --> 00:00:22,981 My point is, Ben was trying to get a straightforward laundry list going. 10 00:00:23,148 --> 00:00:27,27 That's exactly what | gave him. Listen, Paul... | pinch hit for Max in the grand jury, 11 00:00:27,194 --> 00:00:29,321 | present the case the way you and | reviewed it, 12 00:00:29,488 --> 00:00:32,241 now you're giving me a bunch of... Come on, man. Chill. 13 00:00:32,407 --> 00:00:34,910 Tomorrow, when we ask you to name names, 14 00:00:35,77 --> 00:00:37,79 don't go off on a tangent about kickbacks 15 00:00:37,246 --> 00:00:39,331 and stolen copper pipes and mangoes. 16 00:00:40,499 --> 00:00:42,793 "Mungo," not mangoes. Mungo. 17 00:00:42,960 --> 00:00:44,836 And | think everybody knows 18 00:00:45,03 --> 00:00:48,257 that's extra building material that just disappears. 19 00:00:48,423 --> 00:00:50,801 Yeah, and it ends up in somebody else's building. 20 00:00:50,968 --> 00:00:51,927 Hey, we didn't pick the grand jurors. 21 00:00:52,94 --> 00:00:55,180 No, but your crash course in corruption went way over their heads. 22 00:00:55,347 --> 00:00:56,890 So what? 23 00:00:57,57 --> 00:00:58,600 So they get too confused, 24 00:00:58,767 --> 00:01:00,561 they may throw up their hands and "no-bill" it. 25 00:01:00,727 --> 00:01:04,690 Relax. You're going to get your indictments. 26 00:01:04,856 --> 00:01:06,650 Max is back tomorrow morning. 27 00:01:06,817 --> 00:01:08,527 He's gonna give you what you want... 28 00:01:08,694 --> 00:01:10,946 Howard Neffer, Jimmy "The Mope" D'Onofrio, 29 00:01:11,113 --> 00:01:11,989 Morgan Stern. 30 00:01:12,155 --> 00:01:14,32 I'm going to call him later, 31 00:01:14,199 --> 00:01:15,784 we're gonna go over the case notes, 32 00:01:15,951 --> 00:01:19,37 and then I'm going out frugging 33 00:01:19,204 --> 00:01:21,39 with Patsy Kelly. 34 00:01:26,878 --> 00:01:28,213 | don't know. 35 00:01:28,380 --> 00:01:30,716 He's still rummaging around in the trunk. 36 00:01:30,882 --> 00:01:33,552 You know Max... always losing his paperwork. 37 00:01:33,719 --> 00:01:36,221 Marie, can you tell him to light a fire under it? 38 00:01:36,388 --> 00:01:40,517 - Dinner getting cold? - No, my date's getting cold. I'm still at the office. 39 00:01:40,684 --> 00:01:41,727 Tell me about it. 40 00:01:41,893 --> 00:01:44,479 It's like being married to a ghost. 41 00:01:46,64 --> 00:01:48,442 Now he's out there gabbing with somebody. 42 00:01:48,609 --> 00:01:51,236 - Who's he gabbing to? - | don't know. 43 00:01:51,403 --> 00:01:52,738 It's dark. 44 00:01:52,904 --> 00:01:55,490 Matthew, go out and tell your father to hurry up, will you? 45 00:01:55,657 --> 00:01:58,201 Okay, Ma. 46 00:01:59,536 --> 00:02:00,537 - What is this? - Marie? 47 00:02:00,704 --> 00:02:03,165 Oh, Mary Mother of God. 48 00:02:05,667 --> 00:02:08,337 - Marie...? Marie! Marie! 49 00:04:37,611 --> 00:04:41,198 Left... right... 50 00:04:41,364 --> 00:04:43,909 left... right... 51 00:04:44,75 --> 00:04:48,288 left... right... halt. 52 00:04:53,919 --> 00:04:55,504 In. 53 00:05:01,176 --> 00:05:03,11 Left and right face. 54 00:05:04,179 --> 00:05:06,181 One step to the rear. 55 00:05:07,516 --> 00:05:09,518 Present arms. 56 00:05:39,548 --> 00:05:41,550 I'll testify as soon as you need me. 57 00:05:41,716 --> 00:05:43,552 | can take over for Max's testimony as well. 58 00:05:43,718 --> 00:05:45,345 The grand jury will be suspended. 59 00:05:45,512 --> 00:05:47,514 When you open back up, you include Max's murder 60 00:05:47,681 --> 00:05:49,15 as part of the offering, right? 61 00:05:49,182 --> 00:05:50,809 If we find anything substantive... 62 00:05:50,976 --> 00:05:52,477 and so far we've found nothing. 63 00:05:52,644 --> 00:05:54,938 The night before his first day of grand jury testimony, 64 00:05:55,105 --> 00:05:58,66 somebody heard something was going down and didn't like the sound of it. 65 00:05:58,233 --> 00:06:00,735 I'd like to go after the list of pending indictments. 66 00:06:00,902 --> 00:06:02,654 You and | should find out who had knowledge 67 00:06:02,821 --> 00:06:04,447 of those indictments in our office. 68 00:06:04,614 --> 00:06:07,200 What about a leak out of the grand jurors? 69 00:06:07,367 --> 00:06:10,370 Let's check their ties to construction industry. Every one of them. 70 00:06:10,537 --> 00:06:14,332 If word on the grand jury, or a list of indictments got out, 71 00:06:14,499 --> 00:06:17,836 why hit Max... the lead on a task force? 72 00:06:18,03 --> 00:06:19,838 Because they already hit the leading investigator 73 00:06:20,05 --> 00:06:21,339 from the building department. 74 00:06:21,506 --> 00:06:24,509 That was an open investigation, right? In the papers. 75 00:06:24,676 --> 00:06:26,386 What were they going to accomplish by that? 76 00:06:26,553 --> 00:06:29,639 | don't think these people are what you'd call "long-term planners." 77 00:06:29,806 --> 00:06:33,268 Two in the back, one in the face. 78 00:06:34,519 --> 00:06:36,855 That's not a pro, 79 00:06:37,22 --> 00:06:38,815 not a thinker. 80 00:06:46,865 --> 00:06:48,533 The purpose of this little get-together 81 00:06:48,700 --> 00:06:51,202 is emphatically not to "bust your chops," as you put it. 82 00:06:51,369 --> 00:06:54,39 It's to help you accept your partner's death. 83 00:06:54,205 --> 00:06:55,707 | accept it. 84 00:06:55,874 --> 00:06:58,168 Boom... he's dead. It's end of story. 85 00:07:00,45 --> 00:07:03,840 Also to help the officer in trouble reach a sense of closure. 86 00:07:04,07 --> 00:07:07,344 All right, first of all, I'm not "in trouble," okay? 87 00:07:07,510 --> 00:07:10,180 Matter of fact, I'm alive, and I'm on the case. 88 00:07:10,347 --> 00:07:14,768 Second of all, I'm Irish Catholic... | got a sense of closure at Max's wake. 89 00:07:21,191 --> 00:07:23,360 Well, then, there's no problem. 90 00:07:23,526 --> 00:07:26,404 That's right. Can | go now? 91 00:07:33,870 --> 00:07:36,706 Listen, thanks a lot. But, really, I'm fine. 92 00:07:36,873 --> 00:07:38,792 Hey, Detective? 93 00:07:40,168 --> 00:07:42,629 Ever hear of the "seven stages of grief"? 94 00:07:42,796 --> 00:07:43,880 No. 95 00:07:44,47 --> 00:07:46,967 The first one is denial. 96 00:07:49,386 --> 00:07:51,388 I'm fine. 97 00:08:05,694 --> 00:08:06,861 Mike? 98 00:08:22,168 --> 00:08:24,45 You know Phil Cerreta from the 39? 99 00:08:24,212 --> 00:08:26,06 | Know him by name. 100 00:08:26,172 --> 00:08:27,841 He's handling Max's case. 101 00:08:28,08 --> 00:08:29,843 | saw him the night of the crime scene. 102 00:08:30,10 --> 00:08:31,469 He's thinking about coming over, 103 00:08:31,636 --> 00:08:33,680 maybe as second whip. 104 00:08:35,15 --> 00:08:36,599 So? 105 00:08:36,766 --> 00:08:38,810 So, he asked about you. 106 00:08:38,977 --> 00:08:40,770 How you would feel? 107 00:08:45,25 --> 00:08:47,193 Fine... | mean, whatever. | don't care. 108 00:08:47,360 --> 00:08:49,529 Same rank as Max, pick of cases. 109 00:08:50,989 --> 00:08:53,700 He comes over, that means he's bringing Max's shooting with him? 110 00:08:53,867 --> 00:08:56,619 - | would assume so. - All right, then I'm on this case. 111 00:08:56,786 --> 00:08:58,872 Mike, | let you back in the field, 112 00:08:59,39 --> 00:09:01,499 | got to be concerned about your objectivity. 113 00:09:01,666 --> 00:09:03,668 - Then you put Cerreta on point. - Mike... 114 00:09:03,835 --> 00:09:06,755 | Know the history of the task force. Who else is going to interview these people? 115 00:09:06,921 --> 00:09:11,217 It doesn't matter. You're still due time on a desk. 116 00:09:31,362 --> 00:09:33,239 So? 117 00:09:33,406 --> 00:09:35,575 What? 118 00:09:38,161 --> 00:09:40,80 How are you doing with this? 119 00:09:41,873 --> 00:09:43,625 I'm fine. 120 00:09:52,133 --> 00:09:56,54 | only found one name that makes sense. 121 00:09:57,305 --> 00:10:02,60 "Magadan, Dan Sr. Retired construction"? It's a good possibility. 122 00:10:02,227 --> 00:10:06,22 It gets better. Check his pension ties. 123 00:10:07,23 --> 00:10:09,692 Pull everything you can on him. 124 00:10:11,986 --> 00:10:15,698 Your pension fund is vested with Local 139. 125 00:10:15,865 --> 00:10:17,158 It's hard to believe you didn't know 126 00:10:17,325 --> 00:10:20,537 any of the names offered for indictment in that room. 127 00:10:20,703 --> 00:10:23,206 | had heard of a few, maybe. 128 00:10:23,373 --> 00:10:25,83 They were just names. 129 00:10:25,250 --> 00:10:27,252 | don't know them. 130 00:10:29,45 --> 00:10:31,47 Do you know any people who do? 131 00:10:31,214 --> 00:10:32,674 Not that | know of. 132 00:10:32,841 --> 00:10:36,678 Two of them are on the governing board of that local. 133 00:10:36,845 --> 00:10:39,222 | haven't been active in the local for years. 134 00:10:39,389 --> 00:10:40,723 My pension's there, that's all. 135 00:10:40,890 --> 00:10:43,226 Still, if you'd mentioned anything, 136 00:10:43,393 --> 00:10:45,311 even out of a sense of loyalty... 137 00:10:45,478 --> 00:10:47,313 | didn't say anything. 138 00:10:51,67 --> 00:10:53,903 Mr. Magadan... 139 00:10:54,70 --> 00:10:56,906 we're not talking about loyalties and pension funds. 140 00:10:57,73 --> 00:11:01,244 We're talking about the killing of aman who had 23 years on the job. 141 00:11:01,411 --> 00:11:03,913 And we're talking about his wife and his children, 142 00:11:04,80 --> 00:11:06,249 who'll spend months, maybe years, 143 00:11:06,416 --> 00:11:09,169 trying to come to terms with the fact that he is gone. 144 00:11:12,338 --> 00:11:15,425 Look, we're not assessing blame. We just need some help. 145 00:11:15,592 --> 00:11:18,11 We've got to know whether you said anything. 146 00:11:18,178 --> 00:11:20,513 | didn't. | swear. Nothing was said. 147 00:11:37,30 --> 00:11:38,865 Captain tells me we're partnering. 148 00:11:39,32 --> 00:11:40,783 Yeah. 149 00:11:43,36 --> 00:11:44,370 I'm sorry about Max. 150 00:11:44,537 --> 00:11:46,956 Yeah. 151 00:11:48,374 --> 00:11:50,210 Listen... 152 00:11:50,376 --> 00:11:52,378 Phil. 153 00:11:52,545 --> 00:11:55,673 | Know you're the new whip and everything, but | got a few things... 154 00:11:55,840 --> 00:11:59,677 Mike, you know all the players on this copper business. | need you on point. 155 00:12:01,638 --> 00:12:02,931 Okay. 156 00:12:03,97 --> 00:12:05,350 Okay. 157 00:12:11,314 --> 00:12:13,816 You, Stern, Neffer, you were all indicted. 158 00:12:13,983 --> 00:12:16,319 And you don't Know anything about the special investigator 159 00:12:16,486 --> 00:12:18,488 that got tossed down on 48th Street? 160 00:12:18,655 --> 00:12:22,450 Yeah, well, sure. Everybody's heard about it, but | don't know nothing. 161 00:12:27,163 --> 00:12:29,332 Well, | want you to think about it, Vince. 162 00:12:29,499 --> 00:12:33,02 Because | got a hundred bucks that says the guys that threw him off the roof 163 00:12:33,169 --> 00:12:35,922 were the same ones who killed my partner, Detective Greevey. 164 00:12:36,89 --> 00:12:40,843 | swear, Detective, I'm just a salesman. 165 00:12:42,512 --> 00:12:44,889 - He seems okay to me. - Yeah. 166 00:12:45,56 --> 00:12:48,935 - Maybe a few degrees too cool. - Another hothead? 167 00:12:49,102 --> 00:12:51,271 Another mick. Your lot in life, Phil. 168 00:12:53,690 --> 00:12:56,25 Max was not exactly "Mr. Mellow." 169 00:12:56,192 --> 00:12:58,569 | can imagine these two guys together. 170 00:12:58,736 --> 00:13:01,197 They did fine. 171 00:13:03,783 --> 00:13:06,577 You and Mike get a list of the indictees? 172 00:13:06,744 --> 00:13:08,329 Yeah, tomorrow. 173 00:13:08,496 --> 00:13:10,498 Mike and | are going out tomorrow on a couple of them. 174 00:13:10,665 --> 00:13:11,791 Good. 175 00:13:11,958 --> 00:13:14,335 | restore old buildings. 176 00:13:14,502 --> 00:13:15,920 | consider myself a conservator 177 00:13:16,87 --> 00:13:18,798 of the city's architectural heritage. 178 00:13:20,174 --> 00:13:21,384 Very noble of you, Mr. Neffer. 179 00:13:21,551 --> 00:13:23,261 Is this part of your conservatorship? 180 00:13:23,428 --> 00:13:26,848 It's pipe. What do you want? 181 00:13:27,15 --> 00:13:30,643 All kosher, Howie? We hear it's stolen. 182 00:13:30,810 --> 00:13:32,729 You want to show me a search warrant? 183 00:13:32,895 --> 00:13:35,773 You think we're gonna load a bunch of pipe in our trunk? 184 00:13:35,940 --> 00:13:37,358 We don't need a search warrant. 185 00:13:37,525 --> 00:13:39,986 We'll go back and get you an arrest warrant. 186 00:13:41,863 --> 00:13:43,740 Just tell me what you want. 187 00:13:43,906 --> 00:13:46,326 Somebody on the secret grand jury couldn't keep his big mouth shut. 188 00:13:46,492 --> 00:13:48,536 We believe that information led 189 00:13:48,703 --> 00:13:50,955 to the murder Detective Logan's partner. 190 00:13:52,707 --> 00:13:55,43 Why me? | don't know anything about that. 191 00:13:55,209 --> 00:13:58,212 We know you supplied a lot of pipe to the 48th Street project. 192 00:13:58,379 --> 00:14:01,257 Remember that one? That's the one they tossed Inspector Janklow off. 193 00:14:02,258 --> 00:14:03,843 | had nothing to do with that. 194 00:14:04,10 --> 00:14:06,179 Who did? 195 00:14:08,639 --> 00:14:10,683 Ask Morgan Stern. He told me to... 196 00:14:14,479 --> 00:14:16,481 He told you what? 197 00:14:17,815 --> 00:14:20,68 To keep my mouth shut about the leak. 198 00:14:24,489 --> 00:14:26,491 Ball's in your court, Mr. Stern. 199 00:14:26,657 --> 00:14:29,744 | want immunity on anything that may come of this. 200 00:14:29,911 --> 00:14:31,913 | want to Know where you got the information on the grand jury. 201 00:14:32,80 --> 00:14:34,916 You already stated to Detectives Cerreta and Logan 202 00:14:35,83 --> 00:14:38,669 that you did warn Howard Neffer to keep his mouth shut about the leak! 203 00:14:40,296 --> 00:14:42,340 | want to know who that leak is! 204 00:14:45,09 --> 00:14:48,805 All right. How about immunity on the copper theft? 205 00:14:48,971 --> 00:14:52,225 Five more seconds of this, you'll need immunity on a lot more than that. 206 00:14:53,726 --> 00:14:55,61 My project manager. 207 00:14:55,228 --> 00:14:56,562 His name?! 208 00:15:01,651 --> 00:15:03,569 Magadan. 209 00:15:04,862 --> 00:15:07,156 Magadan... the old man? 210 00:15:07,323 --> 00:15:10,868 No, his son... Daniel Magadan Jr. 211 00:15:12,328 --> 00:15:14,997 The grand jury foreman told his son. 212 00:15:18,668 --> 00:15:20,962 I'll be a son of a bitch. 213 00:15:26,08 --> 00:15:27,677 Mr. Magadan, 214 00:15:27,844 --> 00:15:29,846 we're not interested in why you lied. 215 00:15:30,12 --> 00:15:32,140 What we need to know is, why did you tell 216 00:15:32,306 --> 00:15:34,16 your son about the grand jury? 217 00:15:35,685 --> 00:15:37,520 He said he had a friend who wanted to know 218 00:15:37,687 --> 00:15:39,647 what the grand jury was getting. 219 00:15:39,814 --> 00:15:41,23 | told him not to be a hero. 220 00:15:41,190 --> 00:15:43,359 If his friend was mixed up in something like that, 221 00:15:43,526 --> 00:15:45,695 then it was none of his business. 222 00:15:45,862 --> 00:15:47,530 That's all? 223 00:15:49,365 --> 00:15:51,909 | told him this Detective Greevey was going to name names, 224 00:15:52,76 --> 00:15:54,620 and | hoped to God the name Magadan wasn't one of them. 225 00:15:54,787 --> 00:15:56,873 Where's your son now, Mr. Magadan? 226 00:15:57,39 --> 00:15:58,583 | don't know. 227 00:16:01,294 --> 00:16:03,296 That | swear... | don't. 228 00:16:12,305 --> 00:16:15,16 Look, | got... Just two minutes. 229 00:16:23,816 --> 00:16:25,651 These Danny's friends? 230 00:16:27,153 --> 00:16:29,155 The ones he's covering for? 231 00:16:33,326 --> 00:16:35,495 If he's protecting someone, it's wrong. 232 00:16:37,205 --> 00:16:39,707 You know it's wrong. 233 00:16:42,335 --> 00:16:46,297 My partner died because you opened your mouth on the grand jury. 234 00:16:50,676 --> 00:16:52,678 I'm not going away. 235 00:16:53,679 --> 00:16:56,349 Somebody's got to do something right. 236 00:17:01,103 --> 00:17:03,606 Danny came to me about the grand jury. 237 00:17:03,773 --> 00:17:06,67 Pumped me for info. 238 00:17:07,610 --> 00:17:09,779 Said it was for a friend... 239 00:17:11,697 --> 00:17:15,117 but maybe there was no friend. Maybe he did it for himself. 240 00:17:15,284 --> 00:17:17,787 - What do you mean? - | don't know. 241 00:17:17,954 --> 00:17:21,874 Mr. Magadan, if you're saying your son killed my partner, 242 00:17:22,41 --> 00:17:24,669 then every cop in this city will be gunning for him. 243 00:17:32,802 --> 00:17:34,762 His best bet is with me. 244 00:17:36,806 --> 00:17:39,600 Any other cop, the odds go down to 50-50. 245 00:17:42,645 --> 00:17:44,772 Your word you won't hurt him? 246 00:17:45,773 --> 00:17:47,775 | promise. 247 00:18:07,295 --> 00:18:08,462 Hey, Danny...? 248 00:18:20,975 --> 00:18:22,810 Freeze! 249 00:18:27,648 --> 00:18:29,984 On your head. On your head! 250 00:18:36,240 --> 00:18:38,200 The name "Max Greevey" ring a bell, Danny? 251 00:18:38,367 --> 00:18:40,328 | don't know what you're talking about. 252 00:18:40,494 --> 00:18:44,332 You throw Inspector Janklow off a roof, then kill my partner to shut him up? 253 00:18:44,498 --> 00:18:46,00 No. No? 254 00:18:46,167 --> 00:18:48,336 No. 255 00:18:51,672 --> 00:18:54,342 - Get on your knees. - What? 256 00:18:54,508 --> 00:18:56,636 | said, get on your knees. 257 00:19:05,102 --> 00:19:07,355 This is how you did my partner, isn't it? 258 00:19:08,939 --> 00:19:11,192 | swear, | didn't kill nobody. 259 00:19:18,949 --> 00:19:20,951 | don't believe you. 260 00:19:24,789 --> 00:19:27,833 I'm just gonna ask you one more time, "Danny boy." 261 00:19:30,461 --> 00:19:32,463 Oh, God... 262 00:19:34,632 --> 00:19:36,384 Please...! 263 00:19:42,306 --> 00:19:44,141 | did it, okay? 264 00:19:44,308 --> 00:19:45,851 | did it. 265 00:19:58,155 --> 00:20:00,991 You do understand you have the right to an attorney? 266 00:20:01,158 --> 00:20:03,327 You maintain you've passed on that right? 267 00:20:03,494 --> 00:20:04,995 Yeah, | understand. 268 00:20:05,162 --> 00:20:08,332 I've been through all this already with that psychotic. 269 00:20:08,499 --> 00:20:11,168 We'll go over it again, for the record. 270 00:20:11,335 --> 00:20:13,504 You don't mind, do you, Mr. Magadan? 271 00:20:13,671 --> 00:20:15,506 No. 272 00:20:16,674 --> 00:20:18,467 Will you tell me something? 273 00:20:18,634 --> 00:20:21,137 How did you find out where Sgt. Greevey lived? 274 00:20:23,848 --> 00:20:26,809 Some chick my cousin knows who works at the DMV. 275 00:20:28,519 --> 00:20:30,521 It's not that tough. 276 00:20:32,22 --> 00:20:34,483 So | went out there and parked across the street. 277 00:20:36,26 --> 00:20:38,362 Then you got out of your car... 278 00:20:38,529 --> 00:20:41,782 and you shot him. Isn't that correct? 279 00:20:44,702 --> 00:20:47,37 Not quite like that. 280 00:20:47,204 --> 00:20:52,752 | mean, | had to wait a few hours... 281 00:20:52,918 --> 00:20:56,213 and when he came out, | pulled into his driveway. 282 00:20:56,380 --> 00:20:58,382 Intending to shoot him? 283 00:21:01,844 --> 00:21:04,180 Not necessarily. 284 00:21:04,346 --> 00:21:09,351 | thought maybe | could scare him off or something, you know? 285 00:21:09,518 --> 00:21:12,146 Threaten his old lady if | could get her alone. 286 00:21:16,25 --> 00:21:18,611 What happened to make you change your mind? 287 00:21:24,366 --> 00:21:26,702 | don't know. 288 00:21:26,869 --> 00:21:29,205 When he came out... 289 00:21:29,371 --> 00:21:31,332 he was just... 290 00:21:32,875 --> 00:21:34,835 there. 291 00:21:36,545 --> 00:21:38,672 | kind of lost it. 292 00:21:42,885 --> 00:21:45,387 You said the gun was not yours. 293 00:21:45,554 --> 00:21:48,390 No, it belongs to the construction company. 294 00:21:48,557 --> 00:21:51,101 I've got an extra key to the trailer. 295 00:21:51,268 --> 00:21:52,937 That's where the gun is now, in the trailer? 296 00:21:53,103 --> 00:21:54,814 Yeah. 297 00:21:54,980 --> 00:21:56,565 Bull's-eye. 298 00:21:56,732 --> 00:21:58,609 Where exactly is it kept? 299 00:21:58,776 --> 00:22:01,987 You want me to hand it over to you on a silver platter? 300 00:22:02,154 --> 00:22:03,989 Good job. 301 00:22:04,156 --> 00:22:06,492 Make sure | get a copy of that confession. 302 00:22:06,659 --> 00:22:08,494 You need to be very specific 303 00:22:08,661 --> 00:22:10,162 when we go in front of the judge. 304 00:22:10,329 --> 00:22:12,498 You know the drill. Search warrant... 305 00:22:12,665 --> 00:22:15,167 It's in the toolbox right there 306 00:22:15,334 --> 00:22:19,588 with the tools and the rest of the stuff. 307 00:22:23,175 --> 00:22:24,844 Mike... 308 00:22:25,10 --> 00:22:27,346 looks like you got this guy dead to rights, huh? 309 00:22:27,513 --> 00:22:29,181 | guess so. 310 00:22:29,348 --> 00:22:31,517 You want to check it before | hand it in? 311 00:22:31,684 --> 00:22:34,895 Just make sure all the "T's" are crossed and the "I's" are dotted. 312 00:22:36,689 --> 00:22:39,608 - I'm sure it's fine. - It's all kosher? 313 00:22:42,361 --> 00:22:45,364 You want me to freakin’ proofread it, or what, Phil? 314 00:22:45,531 --> 00:22:49,535 It's just that... in case you had to drag it out of him... 315 00:22:49,702 --> 00:22:53,205 We ought to know that before his lawyer comes on board. 316 00:22:57,960 --> 00:23:00,04 He's saying | dragged it out of him? 317 00:23:01,672 --> 00:23:03,716 He said something like that. 318 00:23:03,883 --> 00:23:06,51 You see any marks on the guy? 319 00:23:07,469 --> 00:23:09,305 It isn't that. 320 00:23:09,471 --> 00:23:12,224 It's that he said you threatened to kill him. 321 00:23:12,391 --> 00:23:14,935 He said that, huh? 322 00:23:18,147 --> 00:23:20,107 A cop killer? 323 00:23:21,650 --> 00:23:24,153 You think | would have killed him, Phil? 324 00:23:25,779 --> 00:23:27,740 | don't know, Mike. 325 00:23:28,824 --> 00:23:30,826 | don't know what's in your mind. 326 00:23:32,453 --> 00:23:34,455 | don't Know you well enough. 327 00:23:36,332 --> 00:23:38,208 That's right... 328 00:23:38,375 --> 00:23:40,377 you don't. 329 00:23:42,04 --> 00:23:44,173 "Maybe threaten his old lady." 330 00:23:44,340 --> 00:23:47,927 Too bad he didn't take that route. Marie would have kicked his ass. 331 00:23:49,136 --> 00:23:52,640 - That's for sure. - Everything all right with you two? 332 00:23:52,806 --> 00:23:55,351 Oh, yeah. He's a good kid. The collar is top of the line. 333 00:23:55,517 --> 00:23:57,770 We got a 100-proof case against the skel... 334 00:23:57,937 --> 00:24:00,773 Whoa, Phil, let's stop with the cliches already. 335 00:24:00,940 --> 00:24:02,650 What's going on? 336 00:24:07,655 --> 00:24:10,491 Suppose Logan went a little over the line on this one? 337 00:24:13,160 --> 00:24:16,830 - How far over? - Not much, maybe five yards. 338 00:24:16,997 --> 00:24:18,999 | wasn't even gonna mention this, 339 00:24:19,166 --> 00:24:21,01 but apparently, or maybe, 340 00:24:21,168 --> 00:24:23,45 he was gonna blow this guy's brains out. 341 00:24:23,212 --> 00:24:25,339 What the hell is that supposed to mean? 342 00:24:25,506 --> 00:24:30,344 Magadan says that Logan was waving his gun at him. 343 00:24:32,179 --> 00:24:34,515 Mike's got to be thinking this guy is armed. 344 00:24:34,682 --> 00:24:37,184 | mean, this is the guy who killed his partner. 345 00:24:37,351 --> 00:24:39,144 Yeah. And he would have his gun out. 346 00:24:39,311 --> 00:24:41,355 It was dark. 347 00:24:44,24 --> 00:24:45,985 And you gotta be careful. 348 00:24:53,33 --> 00:24:55,202 | mean, what are you going to do? 349 00:25:15,139 --> 00:25:17,141 Mike? 350 00:25:18,142 --> 00:25:20,144 Anything you want to tell me? 351 00:25:21,145 --> 00:25:23,147 Yeah. 352 00:25:24,148 --> 00:25:26,150 | got us Max's killer. 353 00:25:29,486 --> 00:25:30,821 Okay, let's get a warrant, 354 00:25:30,988 --> 00:25:34,324 get that freakin’ gun in here before something happens to it. 355 00:25:36,493 --> 00:25:38,328 Mr. Stern, we have a warrant 356 00:25:38,495 --> 00:25:40,330 to search these premises. 357 00:26:21,830 --> 00:26:25,501 If it's true, the officer's use of his gun to get a confession... 358 00:26:25,667 --> 00:26:28,629 With all due respect, Judge, these allegations of threats are not relevant to bail. 359 00:26:28,796 --> 00:26:32,49 Hold it. If you believe your client's statement was coerced, 360 00:26:32,216 --> 00:26:34,301 make a motion to suppress it. 361 00:26:34,468 --> 00:26:36,845 People's case appears to be tight... 362 00:26:37,12 --> 00:26:40,99 confession was made inside the precinct, the murder weapon was recovered, 363 00:26:40,265 --> 00:26:43,143 corroborative evidence... bail's out of the question. 364 00:26:43,310 --> 00:26:44,812 Fine, Judge. 365 00:26:44,978 --> 00:26:48,357 Legal Aid only represents Mr. Magadan for this arraignment. 366 00:26:48,524 --> 00:26:51,26 I'm sure that his regular attorney will submit papers 367 00:26:51,193 --> 00:26:53,445 challenging a confession obtained at the point of a gun. 368 00:26:53,612 --> 00:26:55,697 To which the People will respond. 369 00:26:55,864 --> 00:26:59,368 Pursuant to Criminal Procedure Law, Section 51040, 370 00:26:59,535 --> 00:27:02,663 the defendant is remanded to the custody of the State. 371 00:27:04,456 --> 00:27:06,542 Docket number 64788. 372 00:27:08,168 --> 00:27:10,129 Paul... 373 00:27:10,295 --> 00:27:12,756 Dave, if this is the "rubber hose" routine, I've heard it a thousand times. 374 00:27:12,923 --> 00:27:17,136 Well, this was no rubber hose. It was a.38 police special. 375 00:27:17,302 --> 00:27:20,347 - And you're buying? - Hey, | hear this twice as much as you guys. 376 00:27:20,514 --> 00:27:22,15 | got nothing invested here. 377 00:27:22,182 --> 00:27:25,519 Once his high-priced mouthpiece rolls in, my office is gone. 378 00:27:25,686 --> 00:27:28,313 I'm telling you, it feels on the level. 379 00:27:28,480 --> 00:27:31,733 And if it is, it's a big pile you've stepped in. 380 00:27:35,571 --> 00:27:39,158 From out of nowhere, this detective rousts me. 381 00:27:39,324 --> 00:27:41,34 I'm trying to be cool, 382 00:27:41,201 --> 00:27:43,871 but | figure the guy's on speed or something. 383 00:27:45,497 --> 00:27:48,00 Why do you think that? 384 00:27:48,167 --> 00:27:51,253 Because before I'm halfway into my act... 385 00:27:53,05 --> 00:27:54,882 he puts his piece here. 386 00:27:57,342 --> 00:27:59,928 He asks me did | kill the fat cop. 387 00:28:01,96 --> 00:28:03,98 | don't say anything. 388 00:28:05,100 --> 00:28:07,60 | hear the hammer go back... 389 00:28:08,937 --> 00:28:12,316 Click... click... 390 00:28:13,859 --> 00:28:15,944 No bruises or cuts. No way to verify it. 391 00:28:16,111 --> 00:28:18,113 You just spilled your guts. 392 00:28:20,282 --> 00:28:23,285 You know how to read a rap sheet, don't you? 393 00:28:23,452 --> 00:28:26,914 Five arrests, three convictions. 394 00:28:27,623 --> 00:28:29,458 So you're a loser. So...? 395 00:28:29,625 --> 00:28:32,878 So, no guilty pleas. 396 00:28:35,631 --> 00:28:38,425 Two years ago, | got popped in Jersey. 397 00:28:38,926 --> 00:28:41,53 A missing semi-trailer full of microwaves. 398 00:28:42,971 --> 00:28:45,891 A sergeant questions me with a cigar. 399 00:28:47,142 --> 00:28:50,62 | didn't talk then, either. 400 00:28:50,229 --> 00:28:52,272 But this son of... 401 00:28:53,941 --> 00:28:55,901 and that sound... 402 00:28:58,487 --> 00:29:00,489 "click." 403 00:29:04,701 --> 00:29:05,953 The guy was brought in, 404 00:29:06,119 --> 00:29:09,957 Sergeant Cerreta Mirandized him, he duly confessed. 405 00:29:10,123 --> 00:29:11,625 That doesn't undo the damage. 406 00:29:11,792 --> 00:29:14,294 What damage? You were there yourself, for crying out loud! 407 00:29:14,461 --> 00:29:17,05 - You see anything screwy? - Not in the interrogation room. 408 00:29:17,172 --> 00:29:20,467 Can | cut in on this tap dance? We're talking about the alley, right? 409 00:29:20,634 --> 00:29:23,136 What's the difference? You have a signed confession. 410 00:29:23,303 --> 00:29:25,430 | get the feeling we're not getting the whole truth. 411 00:29:30,143 --> 00:29:32,646 - Well, Mike? - Well, what? 412 00:29:32,813 --> 00:29:35,148 | asked the guy about Max, he blurted it out. 413 00:29:35,315 --> 00:29:37,734 Did you help him? Did you? 414 00:29:40,988 --> 00:29:42,656 What | am asking you, Detective, 415 00:29:42,823 --> 00:29:46,410 is did you threaten Mr. Magadan in order to obtain information? 416 00:29:46,576 --> 00:29:48,996 - | pressured him, okay? - Mike... 417 00:29:49,162 --> 00:29:52,165 What the hell is this? You expect me to sit on my ass 418 00:29:52,332 --> 00:29:54,209 while my partner's killer walks around free?! 419 00:29:54,376 --> 00:29:57,546 Either way, that is exactly what is going to happen. 420 00:29:57,713 --> 00:29:59,589 Because if the first confession is coerced, 421 00:29:59,756 --> 00:30:02,09 then so is the second, and the third... 422 00:30:02,175 --> 00:30:04,803 no matter how many times you Mirandize the suspect. 423 00:30:04,970 --> 00:30:06,763 Coercion is a judgment call. 424 00:30:06,930 --> 00:30:08,765 My guy never laid a glove on the son of a bitch. 425 00:30:08,932 --> 00:30:12,19 That doesn't matter. If he coerced the first confession, 426 00:30:12,185 --> 00:30:14,521 it is still "fruit of the poisonous tree." 427 00:30:14,688 --> 00:30:17,566 What "fruit"? What's it some stupid technicality? 428 00:30:17,733 --> 00:30:20,193 Perhaps you can explain the concept to your men, 429 00:30:20,360 --> 00:30:22,863 so they don't let another cop killer walk. 430 00:30:25,824 --> 00:30:29,995 | doubt if Max Greevey would've considered it a "technicality." 431 00:30:34,374 --> 00:30:36,209 So Stone's holding you responsible 432 00:30:36,376 --> 00:30:38,879 for Magadan possibly getting off. 433 00:30:39,46 --> 00:30:41,06 You think that's fair? 434 00:30:41,548 --> 00:30:43,216 No, | don't. 435 00:30:43,383 --> 00:30:45,260 But | don't give a damn what he thinks. 436 00:30:46,720 --> 00:30:49,181 - That's not what | asked you. - It's not? 437 00:30:50,724 --> 00:30:54,895 What I'm asking is, do you feel it's a fair assessment? 438 00:30:55,62 --> 00:30:59,232 You mean, do | feel responsible for Max getting blown away? 439 00:30:59,399 --> 00:31:02,486 Maybe, if I'd gone home with him, you know? 440 00:31:02,652 --> 00:31:04,780 Maybe he wouldn't have gotten zipped. 441 00:31:06,823 --> 00:31:10,702 Maybe | just should've stepped in front of that bullet myself, right? 442 00:31:23,507 --> 00:31:26,635 No, | don't feel responsible. 443 00:31:27,677 --> 00:31:30,13 | feel incredibly... 444 00:31:31,848 --> 00:31:33,892 angry. 445 00:31:38,522 --> 00:31:40,732 That one of your "seven stages"? 446 00:31:45,195 --> 00:31:47,197 Great. 447 00:31:48,532 --> 00:31:51,34 This is a statement which Detective Logan 448 00:31:51,201 --> 00:31:53,36 gave voluntarily to the investigators 449 00:31:53,203 --> 00:31:54,704 of the Internal Affairs Division. 450 00:31:54,871 --> 00:31:58,250 Please read it over, Mr. McAnally, and advise your client. 451 00:31:58,417 --> 00:32:02,170 Now, Don, where are we going to assign him until this thing is resolved? 452 00:32:02,337 --> 00:32:05,966 Temp desk. Plus he's got some vacation time coming. 453 00:32:07,676 --> 00:32:10,345 You don't expect the lad to sign this right here now, | hope? 454 00:32:10,512 --> 00:32:12,139 He and | have got some conferring to do. 455 00:32:12,305 --> 00:32:15,16 Come on... what am lI, the stiff at my own funeral? 456 00:32:15,183 --> 00:32:17,18 "Aw, poor Mike, he looks so lifelike..." 457 00:32:17,185 --> 00:32:18,687 Come on, cool it, Mike. What for? 458 00:32:18,854 --> 00:32:21,440 Everybody's acting like I'm the one that's dead. 459 00:32:22,524 --> 00:32:24,901 "Menacing." 460 00:32:25,68 --> 00:32:27,195 You're charging me with a class B misdemeanor? 461 00:32:27,362 --> 00:32:29,531 We are not charging you with anything yet, 462 00:32:29,698 --> 00:32:32,868 but | do suggest you talk to your captain here 463 00:32:33,34 --> 00:32:36,204 about the odds on your losing your pension and your badge, 464 00:32:36,371 --> 00:32:38,206 and the possibility of a million dollar lawsuit against you 465 00:32:38,373 --> 00:32:40,459 for violating Mr. Magadan's civil rights. 466 00:32:40,625 --> 00:32:43,295 His civil rights?! 467 00:32:44,379 --> 00:32:46,339 What about Max's civil rights? 468 00:32:46,506 --> 00:32:48,967 This is not a case of ends justifying the means. 469 00:32:49,134 --> 00:32:51,553 Of course it is, and you know it. 470 00:32:51,720 --> 00:32:53,263 You know it, because you do 471 00:32:53,430 --> 00:32:55,640 the exact same thing every day of the week. 472 00:32:55,807 --> 00:32:57,517 You threaten to send them away, 473 00:32:57,684 --> 00:33:01,21 or whisper their dirty little secrets to their wives or their bosses. 474 00:33:01,188 --> 00:33:04,816 You threaten to screw up their lives just so you can get a little information from them. 475 00:33:04,983 --> 00:33:08,862 | didn't do it at gunpoint, Detective. There's a big difference. 476 00:33:12,991 --> 00:33:15,952 Mike, as your PBA attorney, | must advise you not to sign... 477 00:33:16,119 --> 00:33:17,162 Why not? 478 00:33:21,166 --> 00:33:23,168 It's the truth. 479 00:33:32,177 --> 00:33:34,12 Just lucky that this isn't L. A... 480 00:33:34,179 --> 00:33:36,181 everybody walks around with a video camera. 481 00:33:36,348 --> 00:33:39,601 What's the point? He never physically injured the guy. 482 00:33:39,768 --> 00:33:41,186 The best we can do is menacing. 483 00:33:41,353 --> 00:33:44,523 - It's a B misdemeanor. - For blowing our case?! 484 00:33:44,689 --> 00:33:47,192 I'd bust him for reckless endangerment if | could. 485 00:33:47,359 --> 00:33:49,569 | thought of that. But his partner was killed. 486 00:33:49,736 --> 00:33:51,696 No jury would convict. 487 00:33:51,863 --> 00:33:55,617 Any chance of arguing the confession wasn't coerced? 488 00:33:55,784 --> 00:34:00,288 - With a gun to his head? - The man is a suspect in a cop killing! 489 00:34:00,455 --> 00:34:03,542 - If Logan saw a gun... - Adam, there was no gun. 490 00:34:03,708 --> 00:34:05,877 There's no nothing. Every piece of evidence, 491 00:34:06,44 --> 00:34:08,296 every statement is tainted by Logan's reckless action. 492 00:34:08,463 --> 00:34:09,965 It's all useless. 493 00:34:14,302 --> 00:34:16,596 Aguy kills a cop. Catch him... 494 00:34:16,763 --> 00:34:20,100 and we can't close. Hell of a system. 495 00:34:21,977 --> 00:34:26,314 Talk to Logan. Maybe Magadan said something 496 00:34:26,898 --> 00:34:29,776 before he pulled his little stunt with the.38. 497 00:34:31,319 --> 00:34:34,322 His father told me where he was. | took him by surprise. 498 00:34:34,489 --> 00:34:36,241 It hasn't changed since yesterday, Paul. 499 00:34:37,450 --> 00:34:39,619 Hey, we're on the same side. 500 00:34:43,331 --> 00:34:46,459 What about the initial investigation? Can we get him on anything else? 501 00:34:49,963 --> 00:34:51,923 Magadan's name never came up. 502 00:34:52,966 --> 00:34:56,11 Look, we got the owner of the company on the ropes. 503 00:34:56,177 --> 00:34:57,929 Anything we can use there? 504 00:34:59,180 --> 00:35:01,683 Morgan Stern was one of the heavies in the copper scam, 505 00:35:01,850 --> 00:35:03,893 but we weren't able to get to him. 506 00:35:05,645 --> 00:35:09,316 We were waiting for Judge Merlis to sign search warrant apps 507 00:35:09,482 --> 00:35:11,67 for half a dozen construction sites. 508 00:35:12,110 --> 00:35:13,737 Are they still unsigned? 509 00:35:14,446 --> 00:35:16,781 Due out the day after Max went down. 510 00:35:18,658 --> 00:35:20,785 You may be a hero after all. 511 00:35:21,995 --> 00:35:23,955 Yeah, right. 512 00:35:27,167 --> 00:35:30,128 We're arguing what if, basically. It's a pretty big if. 513 00:35:30,295 --> 00:35:33,423 No, we're arguing inevitability. The first batch of unsigned search warrants 514 00:35:33,590 --> 00:35:36,51 are very much apropos to the grand jury investigation. 515 00:35:36,217 --> 00:35:39,846 And had they been signed, Cerreta and Logan 516 00:35:40,13 --> 00:35:43,391 could have used the task force warrants to confiscate the gun? 517 00:35:43,558 --> 00:35:47,854 Making any search warrant springing from the coerced confessions unnecessary. 518 00:35:48,21 --> 00:35:50,857 Either way, we would've found the gun. 519 00:35:51,24 --> 00:35:53,526 That's going to take a lot of fast talking. 520 00:35:53,693 --> 00:35:55,862 And we get the calendar against us. 521 00:35:56,29 --> 00:36:00,75 We draw the wrong judge, we're in too deep to tread water. 522 00:36:00,241 --> 00:36:02,577 Then it's sink or swim. 523 00:36:04,704 --> 00:36:05,955 We got a choice? 524 00:36:06,748 --> 00:36:07,874 No. 525 00:36:13,630 --> 00:36:16,257 The gun is the fruit of the coerced confession. 526 00:36:16,424 --> 00:36:17,634 It must be excluded. 527 00:36:17,801 --> 00:36:19,469 Tainted evidence is admissible 528 00:36:19,636 --> 00:36:22,847 if it would inevitably have been found by other police techniques. 529 00:36:23,14 --> 00:36:24,766 And the Fourth Amendment is obsolete? 530 00:36:24,933 --> 00:36:27,477 It is the exception to the exclusionary rule. 531 00:36:27,644 --> 00:36:30,480 Now, the task force applied for a search warrant 532 00:36:30,647 --> 00:36:32,649 during the grand jury investigation of corruption 533 00:36:32,816 --> 00:36:34,734 and before Detective Greevey was murdered. 534 00:36:34,901 --> 00:36:37,570 - It was never signed. - Inevitably, it would have been. 535 00:36:37,737 --> 00:36:41,157 It's very specific, Your Honor. It covers cash, documents and weapons. 536 00:36:41,324 --> 00:36:43,284 No doubt we would have found that gun. 537 00:36:43,451 --> 00:36:45,78 Your Honor, he is "bootstrapping." 538 00:36:45,245 --> 00:36:48,164 His entire evidence string was poisoned by the coerced confession. 539 00:36:48,331 --> 00:36:50,458 Now he's begging for another way in. 540 00:36:50,792 --> 00:36:53,169 Supreme Court's stance on the scope 541 00:36:53,336 --> 00:36:56,47 of warrants is much looser than it's ever been. 542 00:36:56,214 --> 00:36:58,633 Given the recent Fulminante decision... 543 00:37:01,803 --> 00:37:04,139 I'm gonna have to allow the gun into evidence. 544 00:37:04,305 --> 00:37:06,99 - Your Honor! - But... 545 00:37:06,850 --> 00:37:10,478 any reference whatsoever to Mr. Magadan's confession 546 00:37:10,645 --> 00:37:13,481 and | declare a mistrial before Mr. Lambrusco here 547 00:37:13,648 --> 00:37:17,277 even thinks about objecting. Understood? 548 00:37:18,69 --> 00:37:20,155 We found out the gun was located in a trailer 549 00:37:20,321 --> 00:37:23,658 at a construction site on West 51st Street. 550 00:37:23,825 --> 00:37:26,703 - Did you obtain a warrant for the site? - Yes, we did. 551 00:37:27,328 --> 00:37:30,498 And when we arrived we discovered the gun at the specified trailer. 552 00:37:30,665 --> 00:37:32,751 To whom was the gun registered? 553 00:37:33,168 --> 00:37:35,962 Morgan Stern, the defendant's employer. 554 00:37:36,129 --> 00:37:38,256 The permit limits use of the gun 555 00:37:38,423 --> 00:37:40,300 to the construction site only. 556 00:37:40,467 --> 00:37:42,802 For purposes of security, | presume? 557 00:37:42,969 --> 00:37:46,598 - | would guess. - Thank you. No more questions. 558 00:37:48,308 --> 00:37:53,21 Let's stay with this famous gun, Detective. 559 00:37:53,188 --> 00:37:55,190 Now you testified 560 00:37:55,356 --> 00:37:58,276 that you didn't find it on Mr. Magadan when you arrested him? 561 00:37:59,944 --> 00:38:01,821 That's correct. 562 00:38:01,988 --> 00:38:05,408 Did you recover any weapons at all from Mr. Magadan's person? 563 00:38:05,575 --> 00:38:07,285 No, he was unarmed. 564 00:38:08,661 --> 00:38:12,582 Now, at that moment when you first confronted Mr. Magadan in that alley, 565 00:38:12,749 --> 00:38:16,294 did you consider him to be a witness or a suspect? 566 00:38:23,259 --> 00:38:25,178 He wasn't immediately arrested. 567 00:38:25,345 --> 00:38:27,931 And yet you placed him under arrest 568 00:38:28,97 --> 00:38:30,642 just a few moments later, did you not? 569 00:38:32,18 --> 00:38:33,978 Yes, | did. 570 00:38:44,197 --> 00:38:47,659 | was at the site checking on some invoices. 571 00:38:47,826 --> 00:38:50,36 Danny showed up, he was surprised to see me. 572 00:38:50,203 --> 00:38:52,622 Did he have the gun when he arrived? 573 00:38:52,789 --> 00:38:54,666 It was dark, 574 00:38:54,833 --> 00:38:57,126 but he seemed to be hiding something. 575 00:38:57,293 --> 00:38:59,295 Could you describe what that something was? 576 00:38:59,462 --> 00:39:01,381 It was pretty obvious it was a gun. 577 00:39:01,548 --> 00:39:03,716 Did Mr. Magadan say anything? 578 00:39:03,883 --> 00:39:08,96 He was sweaty, kind of whacked out. 579 00:39:08,263 --> 00:39:10,390 | asked him what was up, he said, "The grand jury thing." 580 00:39:10,557 --> 00:39:14,185 He was terrified that they were going to look into Inspector Janklow's death. 581 00:39:14,352 --> 00:39:15,895 Objection... hearsay! 582 00:39:16,62 --> 00:39:18,356 Statement against penal interest, Your Honor. 583 00:39:18,523 --> 00:39:20,358 Overruled. 584 00:39:20,525 --> 00:39:22,402 What else did he say? 585 00:39:22,569 --> 00:39:25,71 He said he "took care of our problem" with the grand jury. 586 00:39:25,238 --> 00:39:27,156 Objection, Your Honor, hearsay. 587 00:39:27,323 --> 00:39:29,200 Overruled. Same reason as before. 588 00:39:29,367 --> 00:39:31,77 Your witness. 589 00:39:32,370 --> 00:39:34,38 So you never actually saw Mr. Magadan 590 00:39:34,205 --> 00:39:35,874 with a weapon that evening, hm? 591 00:39:36,40 --> 00:39:38,42 No, | said | thought it was obvious. 592 00:39:38,209 --> 00:39:40,253 Isn't it true that you were 593 00:39:40,420 --> 00:39:43,214 among the targets of that secret grand jury, Mr. Stern? 594 00:39:43,381 --> 00:39:45,550 - | have no idea. - Oh, no? 595 00:39:45,717 --> 00:39:47,719 Didn't you make a deal with the District Attorney 596 00:39:47,886 --> 00:39:49,888 for immunity against those indictments 597 00:39:50,54 --> 00:39:52,181 if you agreed to testify against Mr. Magadan? 598 00:39:53,558 --> 00:39:55,18 Yeah... yes. 599 00:39:55,184 --> 00:39:59,647 So in other words, before this arrangement with the District Attorney, 600 00:39:59,814 --> 00:40:01,900 you had just as much motive as Mr. Magadan 601 00:40:02,66 --> 00:40:03,943 to keep Detective Greevey from testifying. 602 00:40:04,110 --> 00:40:06,70 I'm not crazy enough to kill a cop. 603 00:40:06,237 --> 00:40:08,406 It was your gun! You had access to it. 604 00:40:08,573 --> 00:40:10,241 You certainly had opportunity. 605 00:40:10,408 --> 00:40:12,744 And by your own testimony, Mr. Magadan said 606 00:40:12,911 --> 00:40:15,747 that he had taken care of "your problem with the grand jury”... 607 00:40:15,914 --> 00:40:17,290 meaning yours as well as his, 608 00:40:17,457 --> 00:40:19,584 - now isn't that correct? - | didn't kill that guy. 609 00:40:19,751 --> 00:40:21,920 Everybody knows that Danny copped to it. 610 00:40:22,86 --> 00:40:24,839 The cop's partner put a gun in his ear, and he lost his water. 611 00:40:25,06 --> 00:40:28,51 Your Honor, | move for an immediate mistrial. 612 00:40:28,217 --> 00:40:29,844 Your Honor, may we recess? 613 00:40:30,11 --> 00:40:32,972 Court is in recess. 614 00:40:34,766 --> 00:40:36,601 - What's going on here? - It was his question 615 00:40:36,768 --> 00:40:38,561 that elicited the reference to the confession. 616 00:40:38,728 --> 00:40:40,104 And your damn witness! 617 00:40:40,271 --> 00:40:42,857 Are you suggesting he was coached to let it slip out? 618 00:40:43,24 --> 00:40:44,567 What the hell difference does it make now? 619 00:40:44,734 --> 00:40:47,320 Drop the histrionics. Just give me the law. 620 00:40:47,487 --> 00:40:49,656 And make it brief, gentlemen. 621 00:40:54,786 --> 00:40:56,621 What the Supreme Court said recently 622 00:40:56,788 --> 00:40:58,623 in the Fulminante case is to the point. 623 00:40:58,790 --> 00:41:00,667 Yes, the confession is coerced; 624 00:41:00,833 --> 00:41:03,252 Yes, the jury heard about it; 625 00:41:03,419 --> 00:41:05,630 No, we needn't throw the case out. 626 00:41:05,797 --> 00:41:09,676 So we all fall back to the Dark Ages because of the Fulminante decision? 627 00:41:09,842 --> 00:41:11,260 What do you suggest? 628 00:41:11,427 --> 00:41:14,681 That we find some guy in Milwaukee with body parts in this freezer 629 00:41:14,847 --> 00:41:17,517 and let him walk because some cop got too rough with him? 630 00:41:17,684 --> 00:41:20,19 That is hardly pertinent, Ben, and you know it. 631 00:41:20,186 --> 00:41:22,814 The hell it isn't! The Supreme Court's decision is based 632 00:41:22,981 --> 00:41:27,110 on the belief that the jury can be instructed to disregard certain remarks. 633 00:41:27,276 --> 00:41:29,404 You warned him yourself, Judge... 634 00:41:29,570 --> 00:41:32,407 "One mention of the confession and I'll throw the case out." 635 00:41:32,573 --> 00:41:33,950 And that was directed to both of us. 636 00:41:34,117 --> 00:41:37,578 | Know what | said, gentlemen. 637 00:41:37,745 --> 00:41:40,581 And | am familiar with the law. 638 00:41:40,748 --> 00:41:42,417 That's enough for today. 639 00:41:42,583 --> 00:41:44,919 I'll have a decision tomorrow morning. 640 00:41:47,463 --> 00:41:49,632 I've made my ruling, Counselor. 641 00:41:49,799 --> 00:41:52,260 You're guaranteeing a conviction. Why bother... 642 00:41:52,427 --> 00:41:55,263 Why bother following the guidelines 643 00:41:55,430 --> 00:41:57,932 of the Supreme Court of the United States, Mr. Lambrusco? 644 00:41:58,99 --> 00:42:02,895 Those guidelines violate my client's right against self-incrimination. 645 00:42:03,62 --> 00:42:07,25 Last year's "automatic mistrial" is this year's "harmless error." 646 00:42:07,191 --> 00:42:10,903 The Supreme Court has spoken, Mr. Lambrusco. 647 00:42:12,71 --> 00:42:13,906 Now, it's the law of the land. 648 00:42:14,73 --> 00:42:16,576 Bottom line, Counselor... 649 00:42:16,743 --> 00:42:20,747 In addition to whatever else the prosecution can prove, 650 00:42:20,913 --> 00:42:23,541 your client is guilty of bad timing. 651 00:42:25,43 --> 00:42:27,587 Defense motion for a mistrial is denied. 652 00:42:27,754 --> 00:42:29,213 - Thank you, Your Honor. 653 00:42:29,380 --> 00:42:33,718 Give me 10 minutes, then bring in the jury. 654 00:42:33,885 --> 00:42:36,929 The world in which Daniel Magadan Jr. Lives 655 00:42:37,96 --> 00:42:39,223 has a very simple set of rules... 656 00:42:39,390 --> 00:42:42,101 "You buy three truckloads of cement, 657 00:42:42,268 --> 00:42:44,187 you pay for two. 658 00:42:44,353 --> 00:42:47,565 An honest building inspector discovers your pattern 659 00:42:47,732 --> 00:42:50,401 of extortion and illegal payoffs, 660 00:42:50,568 --> 00:42:55,31 you toss him 60 stories onto 48th Street. 661 00:42:56,282 --> 00:42:58,618 A police officer testifies against you, 662 00:42:58,785 --> 00:43:00,745 you put three bullets in him." 663 00:43:03,247 --> 00:43:04,916 The law has a set of rules, too. 664 00:43:05,83 --> 00:43:08,586 Not simple, but ultimately unequivocal... 665 00:43:08,753 --> 00:43:12,882 "You kill a cop, you go to jail. 666 00:43:13,49 --> 00:43:15,384 You don't get out." 667 00:43:17,95 --> 00:43:19,597 All rise, the Court of the Judge Manual Leon 668 00:43:19,764 --> 00:43:21,390 is now in session. 669 00:43:24,769 --> 00:43:26,604 Be seated. 670 00:43:29,190 --> 00:43:32,568 Technically, Mr. Magadan... 671 00:43:32,735 --> 00:43:35,571 you have been found guilty of murder in the first degree, 672 00:43:35,738 --> 00:43:37,698 which is reserved for the killing 673 00:43:37,865 --> 00:43:39,700 of a police officer in the line of duty. 674 00:43:39,867 --> 00:43:43,121 The death penalty having been held unconstitutional 675 00:43:43,287 --> 00:43:45,331 by our court of appeals in Albany, 676 00:43:45,498 --> 00:43:48,42 renders me powerless to sentence you 677 00:43:48,209 --> 00:43:51,295 to the punishment you so richly deserve. 678 00:43:51,462 --> 00:43:53,798 The Court therefore sentences you 679 00:43:53,965 --> 00:43:58,594 to a term of 25 years to life imprisonment. 680 00:44:00,471 --> 00:44:03,141 The People have recommended the severest limitation 681 00:44:03,307 --> 00:44:05,935 for any possibility of parole. 682 00:44:08,62 --> 00:44:10,314 And | see no reason to disagree. 683 00:44:15,736 --> 00:44:18,573 Maybe life wasn't enough of a sentence. 684 00:44:20,575 --> 00:44:22,827 It's what the law allows. 685 00:44:22,994 --> 00:44:24,954 | can live with it. 686 00:44:29,83 --> 00:44:31,794 | Know | went over the line. 687 00:44:33,254 --> 00:44:35,756 | was down on myself for a while, 688 00:44:36,424 --> 00:44:38,926 even though |... you know, | tried to rationalize it. 689 00:44:44,432 --> 00:44:47,351 | have to find a way... 690 00:44:47,727 --> 00:44:49,478 to forgive myself. 691 00:44:50,771 --> 00:44:54,66 Acceptance, Logan. That's the... 692 00:44:54,233 --> 00:44:58,487 Yeah... that's the last stage, right? 693 00:45:06,537 --> 00:45:08,748 Max is dead. 694 00:45:10,208 --> 00:45:12,418 | accept it. 695 00:45:13,544 --> 00:45:16,380 But I'll never accept it, you know?