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In the criminal
justice system,
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00:00:04,352 --> 00:00:06,832
the people are represented
by two separate
yet equally important groups,
3
00:00:06,919 --> 00:00:08,747
the police
who investigate crime
4
00:00:08,834 --> 00:00:11,620
and the district attorneys
who prosecute the offenders.
5
00:00:11,707 --> 00:00:13,970
These are their stories.
6
00:00:14,057 --> 00:00:15,928
You sure
your brother said
Jack's Donuts?
7
00:00:16,016 --> 00:00:17,539
Yes.
8
00:00:17,626 --> 00:00:19,715
Because there's
another donut place
over on Hudson.
9
00:00:19,802 --> 00:00:21,717
He picked me up
here before.
10
00:00:21,804 --> 00:00:24,937
Actually it's more
like a coffee shop.
But they got donuts.
11
00:00:25,025 --> 00:00:29,290
Pat's. Jack's,
Pat's. Kind of
sounds alike.
12
00:00:29,377 --> 00:00:32,597
And we're the only places
that are open on
Sunday mornings.
13
00:00:32,684 --> 00:00:35,470
Your brother
might've confused them.
14
00:00:35,557 --> 00:00:36,949
Hey, what if
he comes?
15
00:00:37,037 --> 00:00:38,864
Tell him
I went home.
16
00:00:41,476 --> 00:00:44,522
Pretty girl.
Nice ass.
17
00:00:44,609 --> 00:00:48,483
If I weren't
getting married next week,
maybe I'd tag along.
18
00:00:48,570 --> 00:00:50,833
Excuse me,
are you gonna
order anything
19
00:00:50,920 --> 00:00:53,140
or just help yourself
to the paper products?
20
00:00:54,315 --> 00:00:57,013
I'll take
a coffee to go.
21
00:00:57,100 --> 00:00:59,276
I was married once.
Didn't work, though,
22
00:00:59,363 --> 00:01:01,800
'cause I was
hardly ever home.
23
00:01:01,887 --> 00:01:04,238
You think these
donuts make themselves?
24
00:01:04,325 --> 00:01:07,023
5:00 in
the morning
I gotta be here.
25
00:01:08,372 --> 00:01:09,547
Keep it.
26
00:01:21,168 --> 00:01:25,563
Oh, come on, Matthew,
what are you doing?
Oh, God.
27
00:01:26,434 --> 00:01:29,393
Oh, God.
Oh! Matthew!
28
00:01:29,480 --> 00:01:34,268
Oh, God!
Somebody help!
Help! Help!
29
00:01:34,355 --> 00:01:36,922
Three to the chest.
No wallet or watch.
30
00:01:37,009 --> 00:01:40,926
We found shells
over here, sent
them to the lab.
31
00:01:41,013 --> 00:01:43,103
Robbed while he was
changing the tire.
32
00:01:43,190 --> 00:01:45,453
Two sets of palm
prints on the hubcap.
33
00:01:45,540 --> 00:01:46,976
Looks pretty fresh.
34
00:01:47,063 --> 00:01:48,586
M.E. says maybe
within the hour.
35
00:01:48,673 --> 00:01:49,935
Who is he?
36
00:01:50,022 --> 00:01:52,068
Uh, Matthew Sherman.
37
00:01:52,155 --> 00:01:55,376
Registration shows
a Woodmere address.
Guy's sister found him.
38
00:01:55,463 --> 00:01:57,465
They're giving her
something to
settle her down.
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00:01:57,552 --> 00:01:59,902
He's got scraped
up knuckles. Maybe
he put up a fight.
40
00:01:59,989 --> 00:02:01,425
And lost.
41
00:02:54,913 --> 00:02:56,785
Matthew was gonna...
42
00:02:56,872 --> 00:03:01,224
He was gonna pick me up
at the donut shop
on Washington.
43
00:03:01,311 --> 00:03:04,096
Where were
you going?
44
00:03:04,184 --> 00:03:06,795
We were gonna
go visit a friend
in Princeton.
45
00:03:06,882 --> 00:03:08,144
When he was half
an hour late, I figured
46
00:03:08,231 --> 00:03:09,537
there'd been
some sort of mix-up,
47
00:03:09,624 --> 00:03:12,148
so I decided to go home.
48
00:03:12,975 --> 00:03:14,498
He...
49
00:03:15,586 --> 00:03:17,197
If he hadn't been
coming to pick me up,
50
00:03:17,284 --> 00:03:19,068
this never would've
happened.
51
00:03:19,155 --> 00:03:21,070
Hey, you had
nothing to do with this.
52
00:03:21,157 --> 00:03:23,899
You're not responsible
for every psycho
walking the streets.
53
00:03:23,986 --> 00:03:25,814
Did you notice
anyone in the area
54
00:03:25,901 --> 00:03:27,816
before or after
you found him?
55
00:03:27,903 --> 00:03:32,516
Um, there was just
the donut shop guy
and another customer.
56
00:03:32,603 --> 00:03:34,562
When did the
other customer
arrive?
57
00:03:34,649 --> 00:03:36,259
Right before
I left.
58
00:03:36,346 --> 00:03:37,956
You remember
what he looked like?
59
00:03:38,043 --> 00:03:39,349
What kind of
clothes he was wearing?
60
00:03:39,436 --> 00:03:41,569
Any distinguishing
characteristics?
61
00:03:41,656 --> 00:03:43,919
He was sort of
average looking,
you know.
62
00:03:44,006 --> 00:03:46,661
He, uh... Just...
63
00:03:46,748 --> 00:03:51,492
He had jeans on
and a windbreaker,
and he was wearing a cross.
64
00:03:51,579 --> 00:03:55,757
You know, it looked
sort of...
Sort of medieval.
65
00:03:56,671 --> 00:03:58,238
Did you talk to him?
66
00:03:58,325 --> 00:04:01,980
Mmm-mmm. I think he just
wanted to clean his hands.
67
00:04:02,067 --> 00:04:04,331
They were
covered with grease.
68
00:04:04,418 --> 00:04:06,507
The palm prints
they found.
69
00:04:06,594 --> 00:04:08,378
I don't understand.
70
00:04:08,944 --> 00:04:10,293
I mean...
71
00:04:10,380 --> 00:04:11,903
Why would anyone
want to kill Matthew?
72
00:04:11,990 --> 00:04:14,384
He never hurt anyone.
They got his wallet.
73
00:04:17,126 --> 00:04:18,736
It isn't fair!
74
00:04:20,477 --> 00:04:24,002
How perfect is this?
Cops talking to a donut guy.
75
00:04:24,089 --> 00:04:25,395
Yeah. Tell us about
the customer
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00:04:25,482 --> 00:04:26,875
who came in just
before the girl left.
77
00:04:26,962 --> 00:04:28,093
The one who
cleaned his hands?
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00:04:28,180 --> 00:04:29,878
Barely a customer.
79
00:04:29,965 --> 00:04:32,446
He takes about 50 napkins,
and then he starts to leave.
80
00:04:32,533 --> 00:04:35,449
Well, after I call him
on it, he orders a coffee,
81
00:04:35,536 --> 00:04:38,582
then thinks he's a big shot
because he tips me a quarter.
82
00:04:38,669 --> 00:04:42,194
What I lost on napkins,
I barely broke even.
83
00:04:44,240 --> 00:04:45,328
Take these down
to the lab.
84
00:04:45,415 --> 00:04:46,547
Right.
85
00:04:46,634 --> 00:04:48,200
Did he mention
his name or say
86
00:04:48,288 --> 00:04:50,028
where he was
coming from
or going to?
87
00:04:50,115 --> 00:04:51,769
Nothing except,
"Give me a coffee"
88
00:04:51,856 --> 00:04:53,902
and how if he
wasn't getting married
next week,
89
00:04:53,989 --> 00:04:55,947
he'd be putting
the moves on the girl.
90
00:04:56,034 --> 00:04:57,862
Which I thought,
"That was out of line."
91
00:04:57,949 --> 00:05:01,039
But I didn't say anything
because it's not my business.
92
00:05:01,126 --> 00:05:03,041
My business is
selling donuts.
93
00:05:03,128 --> 00:05:05,174
Thanks for
clearing that up.
94
00:05:06,523 --> 00:05:09,613
Paper's all over this.
"Perfect Son Shot Down."
95
00:05:09,700 --> 00:05:11,398
The kid worked his
way through Princeton,
96
00:05:11,485 --> 00:05:13,530
got some big job
on Wall Street.
97
00:05:13,617 --> 00:05:16,316
He still volunteered
three days a week at
some youth center uptown.
98
00:05:16,403 --> 00:05:19,144
That cross
everyone saw him wearing?
I checked around.
99
00:05:19,231 --> 00:05:20,537
It's Greek Orthodox.
100
00:05:20,624 --> 00:05:22,496
I don't care if
he's a Buddhist.
101
00:05:22,583 --> 00:05:24,541
Hey, the guy said
he was getting married,
right?
102
00:05:24,628 --> 00:05:26,891
So I checked with all
the Greek Orthodox
churches in the area.
103
00:05:26,978 --> 00:05:28,328
Four weddings
scheduled this week.
104
00:05:28,415 --> 00:05:29,938
Maybe one of
the priests knows him.
105
00:05:30,025 --> 00:05:31,331
Good. Get on it.
106
00:05:32,114 --> 00:05:33,245
I'll get these
circulated.
107
00:05:33,333 --> 00:05:34,856
Just in
the neighborhood.
108
00:05:34,943 --> 00:05:36,248
For all we know,
this guy is just
a witness.
109
00:05:36,336 --> 00:05:38,076
Hey, this was in
all the papers.
110
00:05:38,163 --> 00:05:40,557
If he's only a witness,
he would've come forward.
111
00:05:43,691 --> 00:05:46,781
Yes, he was here.
Seemed like a nice
young man.
112
00:05:46,868 --> 00:05:48,783
Talked about basketball.
113
00:05:48,870 --> 00:05:50,915
You know his name?
114
00:05:51,002 --> 00:05:54,441
We didn't talk more
than five minutes.
I'm sure he mentioned it.
115
00:05:54,528 --> 00:05:56,791
Michael something,
I think.
116
00:05:56,878 --> 00:05:59,315
This Michael, is he
the one getting married
here Saturday?
117
00:05:59,402 --> 00:06:02,579
No. He wanted to,
but his fiancee
wasn't of our faith.
118
00:06:04,015 --> 00:06:05,365
Jewish.
119
00:06:06,540 --> 00:06:08,542
Is he a member
of your church?
120
00:06:08,629 --> 00:06:10,500
Because his address
would be a big help.
121
00:06:10,587 --> 00:06:12,372
I'd never seen
him before.
122
00:06:12,459 --> 00:06:14,809
He said he'd just moved
here and wanted
a wedding in our church
123
00:06:14,896 --> 00:06:17,333
because his fiancee
lives in the neighborhood.
124
00:06:17,420 --> 00:06:19,596
Is there a synagogue
in the neighborhood?
125
00:06:19,683 --> 00:06:21,163
Looks like
Ruth Gottlieb's fiance.
126
00:06:21,250 --> 00:06:22,643
You met him?
127
00:06:22,730 --> 00:06:24,253
They wanted to have
their wedding here,
128
00:06:24,340 --> 00:06:25,820
but I don't perform
interfaith ceremonies.
129
00:06:25,907 --> 00:06:27,648
Do you remember
his name?
130
00:06:27,735 --> 00:06:31,478
Yeah. Michael
Romak. Bardack.
Something like that.
131
00:06:31,565 --> 00:06:34,002
I'm one of these guys
gets introduced to
someone at a party,
132
00:06:34,089 --> 00:06:36,221
five minutes later
their name's
a complete mystery.
133
00:06:36,308 --> 00:06:39,268
Well, what about
Miss Gottlieb? Do you
know where she lives?
134
00:06:39,355 --> 00:06:42,663
She's an active member.
I'm sure she's in our files.
135
00:06:51,802 --> 00:06:53,282
The landlord
sent you?
136
00:06:53,369 --> 00:06:55,240
No, ma'am,
we're the police.
137
00:06:58,505 --> 00:07:01,072
I didn't pay
the rent because
the damned landlord
138
00:07:01,159 --> 00:07:04,336
won't fix the blinds.
They're crooked.
139
00:07:04,424 --> 00:07:06,077
I called four times.
140
00:07:06,164 --> 00:07:08,384
Ma'am, do you know
your neighbor,
Ruth Gottlieb?
141
00:07:08,471 --> 00:07:11,300
Never met her.
But I hear through
the walls.
142
00:07:11,387 --> 00:07:13,302
Thin walls, huh?
143
00:07:13,389 --> 00:07:17,132
Not thin enough.
I have to hold
a glass up to hear anything.
144
00:07:17,219 --> 00:07:19,134
Do you know
where she is now?
145
00:07:19,221 --> 00:07:24,226
Uh, her rehearsal
dinner for her wedding.
At Pasta D'oro.
146
00:07:24,313 --> 00:07:26,794
You wouldn't happen
to know who she's marrying,
would you?
147
00:07:26,881 --> 00:07:33,365
Uh, Mike Bodak. Huh!
A bellhop. If you ask me,
she could do a lot better.
148
00:07:33,453 --> 00:07:35,455
Thanks for
your help.
149
00:07:38,370 --> 00:07:40,416
Sorry, guys,
this is a private party.
150
00:07:40,503 --> 00:07:42,549
We need to talk
to Mike Bodak.
151
00:07:42,636 --> 00:07:44,638
Mike, you know
these guys?
152
00:07:45,160 --> 00:07:46,248
No.
153
00:07:46,335 --> 00:07:48,380
He says he don't
know you.
154
00:07:48,468 --> 00:07:51,862
This is my
daughter's rehearsal dinner.
I don't want it disrupted.
155
00:07:51,949 --> 00:07:54,517
Oh, a sergeant with
the Housing Authority.
156
00:07:55,257 --> 00:07:56,388
Raise you, Sarge.
157
00:07:56,476 --> 00:07:57,955
We need
a minute with Mike.
158
00:07:59,130 --> 00:08:00,523
Mike.
159
00:08:04,179 --> 00:08:05,441
These guys
are detectives.
160
00:08:05,528 --> 00:08:07,138
Daddy, what's
going on?
161
00:08:07,225 --> 00:08:09,750
Why don't we step
out here for
a minute, huh?
162
00:08:10,925 --> 00:08:12,796
Stay with
your mother.
163
00:08:17,235 --> 00:08:19,629
I'm your
witness, Mike.
164
00:08:19,716 --> 00:08:24,242
Mike, we need to
know what you were doing
last Sunday morning.
165
00:08:24,329 --> 00:08:25,417
I had brunch
at Ruth's.
166
00:08:25,505 --> 00:08:27,028
What about
before brunch?
167
00:08:27,115 --> 00:08:29,683
He worked all night.
The kid works his butt off.
168
00:08:29,770 --> 00:08:31,641
I worked
the overnight
shift on my job.
169
00:08:31,728 --> 00:08:33,513
I'm a bellman at
the Warren Hotel.
170
00:08:33,600 --> 00:08:35,950
What time did
you leave work?
171
00:08:36,037 --> 00:08:37,995
About 9:00.
172
00:08:38,082 --> 00:08:40,084
Helped a guy
change a flat.
173
00:08:40,171 --> 00:08:41,477
Went to a
donut shop,
174
00:08:41,564 --> 00:08:42,870
and walked over
to Ruth's. That's it.
175
00:08:42,957 --> 00:08:44,306
This about
the guy who
got shot?
176
00:08:44,393 --> 00:08:46,308
Oh, you know
about that, huh?
177
00:08:46,395 --> 00:08:48,310
Saw something
in the papers.
178
00:08:48,397 --> 00:08:50,312
And you didn't
think it was worth it
to mention to the cops
179
00:08:50,399 --> 00:08:52,096
that you had
contact with this guy
just before he was killed?
180
00:08:52,183 --> 00:08:54,316
Well, I didn't see anything.
And between working 16 hours,
181
00:08:54,403 --> 00:08:55,752
and the wedding and...
182
00:08:55,839 --> 00:08:57,362
So you got him for
donut shop patronage
183
00:08:57,449 --> 00:08:58,799
and helping
a guy with a flat.
184
00:08:58,886 --> 00:09:00,278
You gonna put in
for a commendation?
185
00:09:00,365 --> 00:09:02,150
Hey, shut up,
Sarge, or we take him
186
00:09:02,237 --> 00:09:04,500
down to the
stationhouse
right now.
187
00:09:04,587 --> 00:09:06,415
You think I had
something
to do with it?
188
00:09:06,502 --> 00:09:08,286
I helped a guy
change a tire.
189
00:09:08,373 --> 00:09:09,592
Where'd you get
the money for this?
190
00:09:09,679 --> 00:09:11,202
I'm gonna put it
on my credit card.
191
00:09:11,289 --> 00:09:12,682
Yeah? Well,
the restaurant
manager told me
192
00:09:12,769 --> 00:09:15,032
Mike paid him in cash.
480 bucks.
193
00:09:15,119 --> 00:09:20,342
I got a big tip at work.
A Saudi prince took
over the whole floor.
194
00:09:20,429 --> 00:09:23,824
All right, we're gonna
need your work and
home addresses, huh?
195
00:09:23,911 --> 00:09:24,912
Yeah.
196
00:09:26,653 --> 00:09:30,004
Let's get
a couple of uniforms
to sit on this kid, huh?
197
00:09:31,875 --> 00:09:33,311
Yeah, Mike worked Sunday.
Graveyard shift.
198
00:09:33,398 --> 00:09:35,139
What time
did he get off?
199
00:09:35,226 --> 00:09:36,880
He was on
the clock till 9:00,
but he left at 6:00.
200
00:09:36,967 --> 00:09:38,839
How do you know that?
He asked me
to punch him out.
201
00:09:38,926 --> 00:09:40,449
He said he had
some business
to take care off.
202
00:09:40,536 --> 00:09:41,798
What kind
of business?
203
00:09:41,885 --> 00:09:43,583
He's been working
all kinds of jobs,
204
00:09:43,670 --> 00:09:45,454
looking for extra
money for the wedding.
205
00:09:45,541 --> 00:09:47,282
I guess that's what
it was connected to.
206
00:09:47,369 --> 00:09:49,023
Any Saudi
princes lately?
207
00:09:49,110 --> 00:09:50,938
Yeah. Nine or
10 months ago.
208
00:09:51,025 --> 00:09:52,853
Laid $50s
on all of us.
209
00:09:54,550 --> 00:09:56,334
We got a problem, Mike.
210
00:09:56,421 --> 00:09:58,032
I got a problem,
with those cops
you got tailing me.
211
00:09:58,119 --> 00:09:59,903
You mind if
we come in?
212
00:09:59,990 --> 00:10:01,601
I gotta go to work.
213
00:10:01,688 --> 00:10:03,385
I don't know, Mike.
From what we hear,
214
00:10:03,472 --> 00:10:05,561
that job of yours has
pretty flexible hours.
215
00:10:05,648 --> 00:10:08,651
Last Sunday,
you left at 6:00,
not 9:00.
216
00:10:08,738 --> 00:10:11,436
And that Saudi prince?
He was in town
nine months ago.
217
00:10:11,523 --> 00:10:16,093
Let me give you
a piece of advice, Mike.
Lying to us is really stupid.
218
00:10:19,270 --> 00:10:21,098
I was gonna call
to explain all that.
219
00:10:21,969 --> 00:10:24,449
Well, it better be
real convincing.
220
00:10:32,632 --> 00:10:35,286
I've been
working for a bookie
the last few months.
221
00:10:35,373 --> 00:10:37,332
Answering phones.
222
00:10:37,419 --> 00:10:38,768
I took it to
make some extra cash
223
00:10:38,855 --> 00:10:40,727
to cover
the wedding expenses.
224
00:10:40,814 --> 00:10:43,773
I left work last Sunday
to handle early
playoff action.
225
00:10:43,860 --> 00:10:45,514
And you didn't
tell us that. Why?
226
00:10:45,601 --> 00:10:47,647
Because you
thought we'd bust you?
227
00:10:47,734 --> 00:10:50,214
Yeah. That and you asked me
in front of Ruth's dad.
He's a cop.
228
00:10:50,301 --> 00:10:53,478
I don't think he'd go
for his son-in-law
working for a bookie.
229
00:10:53,565 --> 00:10:55,263
In case you forgot,
I'm getting
married tonight.
230
00:10:55,350 --> 00:10:57,787
You know, we ran
your name through
the computer.
231
00:10:57,874 --> 00:11:01,922
Does Ruth's dad
know you were
arrested for auto theft?
232
00:11:02,009 --> 00:11:03,575
When I was 17.
233
00:11:03,663 --> 00:11:06,361
Yeah, but you'd
still know how to
unload a fancy car.
234
00:11:06,448 --> 00:11:08,102
Car thieves
like empty cars.
235
00:11:08,189 --> 00:11:09,625
Hey, you needed the cash.
236
00:11:09,712 --> 00:11:11,453
You lied to us about
when you left work.
237
00:11:11,540 --> 00:11:13,673
You lied about
working for the bookie.
238
00:11:13,760 --> 00:11:15,631
That's hindering prosecution.
I could arrest you
for that right now.
239
00:11:15,718 --> 00:11:17,285
Look, what do you
want me to do,
make something up?
240
00:11:17,372 --> 00:11:18,678
I'm telling you
what really happened.
241
00:11:18,765 --> 00:11:20,680
Hey, if that's
what really happened,
242
00:11:20,767 --> 00:11:22,594
then you won't mind us
looking around your place,
right, Mike?
243
00:11:26,903 --> 00:11:29,297
Yeah, go ahead, you know.
If it's gonna get rid of you.
244
00:11:29,384 --> 00:11:31,168
I gotta get to work.
245
00:11:31,255 --> 00:11:33,518
You know,
those cops downstairs
will be there, too.
246
00:11:35,346 --> 00:11:36,391
Sherman's sister
said he was wearing
247
00:11:36,478 --> 00:11:37,871
a dark blue
windbreaker, right?
248
00:11:37,958 --> 00:11:39,742
Yeah.
249
00:11:39,829 --> 00:11:42,223
There's a dark
spot right here.
You can hardly see it.
250
00:11:42,310 --> 00:11:44,225
Oh, that could
be blood.
251
00:11:44,312 --> 00:11:47,968
I don't like the motive.
He pulls stick-ups
but he works two jobs?
252
00:11:48,055 --> 00:11:50,535
You've never had to
impress a fiancee.
253
00:11:50,622 --> 00:11:52,929
Bodak's been
clean for 12 years.
254
00:11:53,016 --> 00:11:54,888
One of the other
bellhops said
he promised
255
00:11:54,975 --> 00:11:56,933
his girlfriend
a honeymoon in Hawaii.
256
00:11:57,020 --> 00:12:00,676
Now, I think he
looked at Sherman and saw
two tickets to Maui.
257
00:12:00,763 --> 00:12:03,897
Home run on the jacket.
It's Sherman's blood type.
258
00:12:16,692 --> 00:12:18,259
What the hell is this?
I answered
your questions.
259
00:12:18,346 --> 00:12:20,000
You're under arrest
for the murder of
Matthew Sherman.
260
00:12:20,087 --> 00:12:21,436
What?
You want to
step outside
261
00:12:21,523 --> 00:12:23,133
so we don't have to
embarrass your guests?
262
00:12:23,220 --> 00:12:24,831
I thought you took
care of this, Mike.
I did.
263
00:12:24,918 --> 00:12:26,093
So what's
going on here?
Mike?
264
00:12:26,180 --> 00:12:27,181
We're making
an arrest.
265
00:12:27,268 --> 00:12:28,312
What is this?
266
00:12:28,399 --> 00:12:29,574
This is
our wedding.
267
00:12:29,661 --> 00:12:31,707
It's some kind
of mix-up, honey.
268
00:12:31,794 --> 00:12:32,969
You have the right
to remain silent.
I'll be back in an hour.
269
00:12:33,056 --> 00:12:34,188
Anything you say
can and will be used
270
00:12:34,275 --> 00:12:35,450
against you
in a court of law.
271
00:12:35,537 --> 00:12:37,452
You couldn't wait,
could you?
272
00:12:37,539 --> 00:12:38,714
You couldn't wait
three hours till
the reception was over.
273
00:12:38,801 --> 00:12:40,324
You ruined my
wedding for nothing.
274
00:12:40,411 --> 00:12:42,457
Matthew Sherman
isn't gonna have
a wedding,
275
00:12:42,544 --> 00:12:45,068
or a reception,
or anything else.
276
00:12:46,243 --> 00:12:48,550
Did I piss
someone off
around here?
277
00:12:48,637 --> 00:12:52,380
The blood on your
jacket is type AB,
just like Sherman's.
278
00:12:52,467 --> 00:12:55,731
We checked your
marriage license.
You're type O.
279
00:12:57,777 --> 00:12:59,474
Maybe I brushed
up against him
280
00:12:59,561 --> 00:13:01,215
when we were
loosening the
lug nuts.
281
00:13:01,302 --> 00:13:02,564
I think he cut himself.
282
00:13:02,651 --> 00:13:03,870
That's one explanation.
283
00:13:03,957 --> 00:13:05,349
Then there's one
that makes sense.
284
00:13:05,436 --> 00:13:07,438
Hey, if something
made you do it,
285
00:13:07,525 --> 00:13:10,659
if it was an accident,
if the gun went off
by itself, whatever,
286
00:13:10,746 --> 00:13:12,966
you're a lot better
off giving us a reason.
287
00:13:13,053 --> 00:13:16,534
Otherwise, you'll
never spend another night
with that fiancee of yours.
288
00:13:16,621 --> 00:13:20,103
Look, we know you
were at the crime scene,
we know you needed the cash.
289
00:13:20,190 --> 00:13:22,192
The victim's blood
is on your jacket.
290
00:13:22,279 --> 00:13:26,109
In the homicide business,
that's like finding
the Holy Grail.
291
00:13:26,196 --> 00:13:30,200
I'm in here,
and the real murderer,
he's walking the streets.
292
00:13:30,287 --> 00:13:33,116
If you know
who did it,
we're all ears.
293
00:13:35,336 --> 00:13:36,990
I didn't think so.
294
00:13:40,428 --> 00:13:42,473
Uh... Uh...
295
00:13:42,560 --> 00:13:46,086
There was another guy.
I passed a guy
about halfway down the block
296
00:13:46,173 --> 00:13:48,305
from where I left the car.
A Puerto Rican guy.
297
00:13:48,392 --> 00:13:51,613
Yeah, that's how we
solve homicides, too.
Nearest Puerto Rican did it.
298
00:13:51,700 --> 00:13:54,094
Look, I don't know
if he did it.
299
00:13:54,181 --> 00:13:57,227
But I passed him
right after I left,
and he looked kind of scary.
300
00:13:57,314 --> 00:13:59,969
Hey, this is New York.
Everybody looks scary.
301
00:14:00,056 --> 00:14:01,797
No, no.
302
00:14:01,884 --> 00:14:05,366
He looked at me,
you know, like
he was sizing me up.
303
00:14:05,453 --> 00:14:09,761
And he had
a tattoo on his hand
like a dragon.
304
00:14:09,849 --> 00:14:11,763
Yeah, the old
sizing-up look.
305
00:14:20,381 --> 00:14:24,515
I'll put out an APB
on scary Puerto Ricans.
He give you anything else?
306
00:14:24,602 --> 00:14:25,865
Not yet.
307
00:14:25,952 --> 00:14:27,910
Then probably not ever.
His lawyer's here.
308
00:14:27,997 --> 00:14:29,607
He waived his
right to counsel.
309
00:14:29,694 --> 00:14:31,348
They brought him.
310
00:14:32,306 --> 00:14:33,829
In-laws.
311
00:14:33,916 --> 00:14:35,657
No wonder
you're divorced.
312
00:14:35,744 --> 00:14:37,789
Get a warrant for
Bodak's work locker
313
00:14:37,877 --> 00:14:40,140
and the bookie joint
where he moonlights.
314
00:14:45,710 --> 00:14:46,886
Who is it?
Police.
315
00:14:46,973 --> 00:14:48,365
Open the door or
we bust it down.
316
00:14:48,452 --> 00:14:50,237
Yeah, wait
a minute.
317
00:14:50,324 --> 00:14:51,978
If I smell
burning flash paper,
you're going to jail.
318
00:14:52,065 --> 00:14:53,240
Open the door.
319
00:14:54,154 --> 00:14:56,025
Hey, whoa, guys.
Look, I just answer
320
00:14:56,112 --> 00:14:57,984
the phones around
here, all right?
321
00:14:58,071 --> 00:15:01,596
So answer it.
Answer the phone!
322
00:15:03,380 --> 00:15:04,425
Hello.
323
00:15:05,905 --> 00:15:08,037
Yeah, the Knicks are
getting five and a half,
324
00:15:08,124 --> 00:15:10,126
Heat are getting four,
the Yankees are six to five.
325
00:15:10,213 --> 00:15:12,824
Hey, look, guys, I swear,
I just answer the phones...
326
00:15:12,912 --> 00:15:14,348
Turn around and
face the wall.
327
00:15:14,435 --> 00:15:16,002
Mike Bodak
work here?
Yeah.
328
00:15:16,089 --> 00:15:18,047
You ever hear about him
pulling any stick-ups?
329
00:15:18,134 --> 00:15:19,744
Mike? No.
330
00:15:19,831 --> 00:15:21,703
Did he mention
any cash he
came into recently?
331
00:15:21,790 --> 00:15:23,618
Well, you know,
we all got
bonuses around here.
332
00:15:23,705 --> 00:15:25,489
500 apiece,
333
00:15:25,576 --> 00:15:26,838
after my boss
cleaned up on
the De La Hoya fight.
334
00:15:26,926 --> 00:15:28,536
Oh, yeah?
Who's your boss?
335
00:15:28,623 --> 00:15:30,625
Who's your boss?
336
00:15:30,712 --> 00:15:32,670
Ray. Okay?
Ray D'Antoni.
337
00:15:32,757 --> 00:15:34,324
Bodak ever
carry a gun?
338
00:15:35,586 --> 00:15:36,761
No.
339
00:15:38,763 --> 00:15:42,637
Yeah. The Hawks?
Plus two.
340
00:15:42,724 --> 00:15:44,900
Yeah, you got it.
Five times, right.
341
00:15:44,987 --> 00:15:46,554
You don't mind
if we look
around here, do you?
342
00:15:46,641 --> 00:15:49,861
Look, could you guys
please try not to
damage the phones?
343
00:15:49,949 --> 00:15:52,603
I could get in a lot
of trouble around here.
344
00:15:52,690 --> 00:15:54,997
Boy, that was easy.
This belong to you?
345
00:15:55,084 --> 00:15:56,564
I swear, I've
never seen it.
346
00:15:56,651 --> 00:15:58,218
What's your name?
347
00:15:58,305 --> 00:15:59,697
Uh, Miles.
348
00:15:59,784 --> 00:16:00,916
We're going to have
to arrest you, Miles.
349
00:16:01,003 --> 00:16:02,483
Yes, sir.
I understand, but...
350
00:16:02,570 --> 00:16:04,224
I'll notify
Bronx Vice.
351
00:16:04,311 --> 00:16:06,095
You have
the right to
remain silent...
352
00:16:06,182 --> 00:16:09,142
The Knicks plus
five and a half?
I'd be all over that.
353
00:16:10,534 --> 00:16:11,796
Bad news
from ballistics.
354
00:16:11,883 --> 00:16:13,929
That gun isn't
the murder weapon.
355
00:16:14,016 --> 00:16:15,887
So we've got no
murder weapon,
356
00:16:15,975 --> 00:16:18,803
none of the victim's
possessions were in
Bodak's apartment,
357
00:16:18,890 --> 00:16:20,283
and there's
a good explanation
358
00:16:20,370 --> 00:16:22,720
why he had cash on
him after the murder.
359
00:16:22,807 --> 00:16:24,592
Not exactly air-tight.
360
00:16:24,679 --> 00:16:26,420
I've been
going over these
Neighborhood Watch reports
361
00:16:26,507 --> 00:16:29,031
from the area
of the shooting.
A couple of weeks ago,
362
00:16:29,118 --> 00:16:32,121
a dry cleaner thought
he saw a woman
being robbed.
363
00:16:32,208 --> 00:16:35,342
No police report
was filed, but the MO's
pretty similar.
364
00:16:35,429 --> 00:16:38,606
A woman came into
my shop to call
the Auto Club
365
00:16:38,693 --> 00:16:41,130
because her
Mercedes had
broken down.
366
00:16:41,217 --> 00:16:43,393
After she returned
to her automobile,
367
00:16:43,480 --> 00:16:48,790
I saw a man leave
the pharmacy right there,
and accost this polite lady.
368
00:16:48,877 --> 00:16:50,966
This man,
what did he
look like?
369
00:16:51,053 --> 00:16:52,054
I didn't get
much of a look.
370
00:16:52,141 --> 00:16:55,449
Average height,
unshaven.
371
00:16:55,536 --> 00:16:56,841
Possibly Hispanic.
372
00:16:58,017 --> 00:16:59,757
Did he have
a tattoo?
373
00:16:59,844 --> 00:17:02,021
I wasn't close
enough to see.
374
00:17:02,108 --> 00:17:04,153
What did he do
to the woman?
375
00:17:04,240 --> 00:17:07,374
I saw him wave a pistol.
I was about to
call the police,
376
00:17:07,461 --> 00:17:09,985
when the truck arrived
and the man ran off.
377
00:17:10,072 --> 00:17:12,640
The woman looked
very frightened.
378
00:17:12,727 --> 00:17:14,076
I think it's outrageous
the Auto Club
379
00:17:14,163 --> 00:17:16,035
would give out my
name and address.
380
00:17:16,122 --> 00:17:19,081
Well, they were just
trying to be good
citizens, Ms. Watts,
381
00:17:19,168 --> 00:17:20,996
as we'd like
you to be.
382
00:17:21,083 --> 00:17:23,868
Well, I don't know
what I can tell you.
383
00:17:23,955 --> 00:17:26,262
Some degenerate
came up to me,
waved a gun in my face,
384
00:17:26,349 --> 00:17:27,959
and demanded my
watch and wallet,
385
00:17:28,047 --> 00:17:29,831
which I was fully
prepared to surrender.
386
00:17:29,918 --> 00:17:31,354
That's when
the tow truck
arrived.
387
00:17:31,441 --> 00:17:33,400
And this guy
took off?
388
00:17:33,487 --> 00:17:36,142
Yes. As soon as
he grabbed the Gucci
sunglasses off my head.
389
00:17:36,229 --> 00:17:38,274
And you didn't think
it was worth reporting?
390
00:17:38,361 --> 00:17:40,581
So I could spend
hours in a courtroom?
391
00:17:40,668 --> 00:17:44,019
Make myself vulnerable
to all kinds of retribution?
392
00:17:44,106 --> 00:17:45,673
For a pair
of sunglasses?
393
00:17:45,760 --> 00:17:47,022
Do you remember what
this guy looked like?
394
00:17:47,109 --> 00:17:48,806
Clothes,
distinguishing features?
395
00:17:48,893 --> 00:17:50,721
Well, he was unwashed.
396
00:17:50,808 --> 00:17:55,030
And he had a vile
tattoo on his hand.
Some sort of lizard.
397
00:17:55,117 --> 00:17:57,772
Yeah, he came in
last Friday morning.
Puerto Rican.
398
00:17:57,859 --> 00:18:00,079
He spoke English
pretty good,
but prescription medicine
399
00:18:00,166 --> 00:18:01,993
must've been a term
he didn't understand.
400
00:18:02,081 --> 00:18:03,691
He wanted
a prescription
filled?
401
00:18:03,778 --> 00:18:05,867
Well, he brings in
a Percodan vial
402
00:18:05,954 --> 00:18:08,043
from the Bellevue ER
issued the day before.
403
00:18:08,130 --> 00:18:09,697
It says "no refills"
right on the label,
404
00:18:09,784 --> 00:18:11,916
but then he starts
giving me some bull
405
00:18:12,003 --> 00:18:14,049
about how they said he could
get more pills if
he was still in pain.
406
00:18:14,136 --> 00:18:15,877
Do you remember his
name or his address?
407
00:18:15,964 --> 00:18:18,140
Well, if he'd been
a potential customer,
I would've.
408
00:18:18,227 --> 00:18:20,925
But this guy,
I never wanted
to see him again.
409
00:18:23,928 --> 00:18:28,672
Found it. A Ricardo
Garcia was prescribed
10 tablets of Percodan
410
00:18:28,759 --> 00:18:30,109
on the 23rd
of last month.
411
00:18:30,196 --> 00:18:31,719
You got an
address on that?
412
00:18:31,806 --> 00:18:33,242
"NA." That's
"Not Available."
413
00:18:33,329 --> 00:18:34,548
Thanks for
the explanation.
414
00:18:34,635 --> 00:18:36,332
Does that mean
he's homeless?
415
00:18:36,419 --> 00:18:38,204
Maybe. Or he didn't
want to give out
his address,
416
00:18:38,291 --> 00:18:41,250
or the doctor was
too busy to get it.
Take your pick.
417
00:18:41,337 --> 00:18:43,470
Who wrote
the prescription?
418
00:18:43,557 --> 00:18:45,385
Dr. Marienthal.
419
00:18:46,429 --> 00:18:47,561
Dr. Marienthal?
420
00:18:47,648 --> 00:18:49,389
You'll have to
wait your turn.
421
00:18:49,476 --> 00:18:50,912
I have a stab
wound coming in.
Talk to the triage.
422
00:18:50,999 --> 00:18:52,435
Well, until your
stab wound arrives,
423
00:18:52,522 --> 00:18:55,090
maybe we could ask you
a couple of questions.
424
00:18:55,177 --> 00:18:56,570
It can't wait till
the end of my shift?
425
00:18:56,657 --> 00:18:57,614
When's that?
426
00:18:57,701 --> 00:18:59,442
Day after tomorrow.
427
00:18:59,529 --> 00:19:02,445
Doctor, that man with
the cucumber problem
is back.
428
00:19:02,532 --> 00:19:03,838
Put him in Two.
On the 23rd,
429
00:19:03,925 --> 00:19:05,144
you issued
a prescription
430
00:19:05,231 --> 00:19:06,928
for Percodan to
a Ricardo Garcia.
431
00:19:07,015 --> 00:19:08,843
Don't tell me,
he sold it
on the street.
432
00:19:08,930 --> 00:19:10,758
I'll tell you
something, gentlemen.
433
00:19:10,845 --> 00:19:12,760
As long as drug
addicts walk in here
434
00:19:12,847 --> 00:19:14,718
and get treated for
made-up symptoms...
435
00:19:14,805 --> 00:19:18,635
Save the sermon, Doc.
This guy may have
killed somebody.
436
00:19:18,722 --> 00:19:19,897
You remember
anything about him?
437
00:19:19,984 --> 00:19:21,725
I wish I could help.
438
00:19:21,812 --> 00:19:22,944
You know how
many guys like him
I treat every day?
439
00:19:23,031 --> 00:19:26,034
Tall? Short?
Fat? Thin? What?
440
00:19:26,121 --> 00:19:30,038
Guy came in about
that time who presented
with terrible stomach cramps.
441
00:19:30,125 --> 00:19:32,606
Hispanic, with
a big serpent tattooed
on his hand.
442
00:19:32,693 --> 00:19:33,955
Couldn't find
anything wrong
with him.
443
00:19:34,042 --> 00:19:35,043
He give you
an address?
444
00:19:35,130 --> 00:19:36,914
Mention where
he lived?
445
00:19:37,001 --> 00:19:39,047
He said he was in
too much pain to talk.
446
00:19:39,134 --> 00:19:41,310
Bellevue ER
issued a prescription
for Percodan
447
00:19:41,397 --> 00:19:43,399
to a walk-in
named Ricky Garcia.
448
00:19:43,486 --> 00:19:45,749
Tell you what,
I'll call the
first thousand
449
00:19:45,836 --> 00:19:47,011
Ricky Garcia's
in the phone book,
450
00:19:47,098 --> 00:19:48,926
you call the
second thousand.
451
00:19:49,013 --> 00:19:51,625
Whoa, whoa.
Only five Garcias
got arrested this week.
452
00:19:51,712 --> 00:19:55,585
Now, one, Ricardo,
for shoplifting
six blocks from the murder,
453
00:19:55,672 --> 00:19:57,979
and two blocks from
where Virginia Watts
454
00:19:58,066 --> 00:20:00,199
got her $300 Gucci
sunglasses ripped off.
455
00:20:00,286 --> 00:20:02,418
Garcia's being
arraigned this
afternoon.
456
00:20:02,505 --> 00:20:04,420
Grab him and stick
him in a line-up.
457
00:20:04,507 --> 00:20:06,596
I'll get a warrant
for his place.
458
00:20:08,685 --> 00:20:09,991
Where's Garcia?
Gone.
459
00:20:10,078 --> 00:20:11,297
The sergeant down
at the holding cell
460
00:20:11,384 --> 00:20:13,212
thinks he was
sent up earlier.
461
00:20:13,299 --> 00:20:16,519
Oh, great. Now we gotta
hope Garcia volunteers
to stand in a line-up.
462
00:20:16,606 --> 00:20:18,217
Lennie.
463
00:20:18,304 --> 00:20:20,044
Two screw-ups in one day?
They trying for a record?
464
00:20:20,131 --> 00:20:21,481
You're supposed
to bring Ms. Watts
465
00:20:21,568 --> 00:20:22,656
down to the stationhouse.
What happened?
466
00:20:22,743 --> 00:20:23,918
Well, the message
I got was to
467
00:20:24,005 --> 00:20:24,962
bring her here
and find you guys.
468
00:20:25,049 --> 00:20:26,486
Ms. Watts,
I apologize.
469
00:20:26,573 --> 00:20:27,704
You weren't supposed
to be brought down here.
470
00:20:27,791 --> 00:20:28,879
We wanted you to
view a lineup...
471
00:20:28,966 --> 00:20:31,273
That's him!
472
00:20:31,360 --> 00:20:36,365
Stay with her.
Ricky Garcia, you're
under arrest for robbery.
473
00:20:36,452 --> 00:20:38,846
I just posted bail.
What was
the $50 for?
474
00:20:38,933 --> 00:20:41,065
Something else.
Let's go.
475
00:20:47,420 --> 00:20:49,160
Police! Put your
hands over your head.
476
00:20:49,248 --> 00:20:51,206
You live there?
Yeah, but
I didn't do nothing.
477
00:20:51,293 --> 00:20:53,469
Keep your hands
on the wall.
You got ID?
478
00:20:55,297 --> 00:20:56,994
"Tony Garcia."
You related to Ricky?
479
00:20:57,081 --> 00:20:58,735
I'm his brother.
480
00:20:58,822 --> 00:21:00,694
Is this because of Ricky?
481
00:21:00,781 --> 00:21:03,697
How come Tony Garcia
has the initials M.S.
on his wallet?
482
00:21:03,784 --> 00:21:05,307
Ricky gave me that.
483
00:21:05,394 --> 00:21:07,222
He tell you
where he got it?
484
00:21:07,309 --> 00:21:09,920
Hey, look, I don't know.
I saw it and he
gave it to me.
485
00:21:10,007 --> 00:21:11,879
It's kind of like rent
'cause I'm letting
him stay in my place.
486
00:21:11,966 --> 00:21:13,707
All right,
Tony, you're gonna go down
to the stationhouse.
487
00:21:13,794 --> 00:21:15,970
But first, let us in.
We got a warrant.
488
00:21:16,057 --> 00:21:18,712
Unless you want us to
break the door down.
489
00:21:18,799 --> 00:21:19,930
What did
Ricky do?
490
00:21:20,017 --> 00:21:21,236
You tell me.
491
00:21:21,323 --> 00:21:22,368
We'll start with
last Sunday.
492
00:21:22,455 --> 00:21:23,934
Maybe you were
with him?
493
00:21:24,021 --> 00:21:25,762
No, I was sleeping.
I don't know where he was.
494
00:21:25,849 --> 00:21:28,243
Look what the criminal genius
had under his mattress.
495
00:21:28,330 --> 00:21:29,723
Hey, that isn't mine.
I believe you.
496
00:21:29,810 --> 00:21:31,725
But we'll check
the prints just
to make sure.
497
00:21:31,812 --> 00:21:33,553
And this in his closet.
498
00:21:37,731 --> 00:21:40,560
You know that phrase,
"Hindsight's 20-20"?
499
00:21:40,647 --> 00:21:42,344
It means if you
could do some things
over again,
500
00:21:42,431 --> 00:21:44,781
you'd probably
do them differently.
501
00:21:44,868 --> 00:21:46,435
I took
the sunglasses, okay?
502
00:21:46,522 --> 00:21:48,611
Like you'd
probably dump the gun.
503
00:21:48,698 --> 00:21:51,179
And you'd take
a closer look at your socks
and see the blood on them.
504
00:21:51,266 --> 00:21:54,356
And you definitely wouldn't
have paid your rent
in stolen property.
505
00:21:54,443 --> 00:21:55,749
I don't know what
you're talking about.
506
00:21:55,836 --> 00:21:57,316
You know what?
507
00:21:57,403 --> 00:21:59,013
We don't have to play
any more games with you.
508
00:21:59,100 --> 00:22:01,581
We just got all
kinds of results
back from the lab, Ricky.
509
00:22:01,668 --> 00:22:03,583
That gun?
That's the murder weapon,
510
00:22:03,670 --> 00:22:05,498
and your prints
are all over it.
511
00:22:05,585 --> 00:22:07,630
Your sock has
Matthew Sherman's
blood on it,
512
00:22:07,717 --> 00:22:11,068
and they lifted
his prints and yours
off that wallet.
513
00:22:11,155 --> 00:22:14,594
Yeah. That's right.
514
00:22:17,205 --> 00:22:19,250
So you want to tell us
what happened now, Ricky?
515
00:22:19,338 --> 00:22:21,383
If you tell us,
and I mean a full statement,
516
00:22:21,470 --> 00:22:23,994
we can probably get the D.A.
to back off that
death penalty request.
517
00:22:24,081 --> 00:22:26,736
If you don't,
you go on trial
and get a conviction,
518
00:22:26,823 --> 00:22:30,436
and get a lethal injection.
Either arm. They don't care.
519
00:22:31,045 --> 00:22:32,612
You don't understand, man.
520
00:22:32,699 --> 00:22:34,483
You know,
maybe the needle's
the way to go.
521
00:22:34,570 --> 00:22:36,659
I mean,
20, 30 years in prison,
that's gotta be tough.
522
00:22:36,746 --> 00:22:39,096
I... I didn't mean it to
happen like it did, man.
523
00:22:39,183 --> 00:22:40,837
How did you mean
for it to happen?
524
00:22:40,924 --> 00:22:43,013
The dude, man,
he wouldn't
give me his watch.
525
00:22:43,100 --> 00:22:44,928
If he gives me
the watch, I'm gone.
526
00:22:45,015 --> 00:22:46,974
So since he wouldn't
give you his watch,
you shot him?
527
00:22:47,061 --> 00:22:48,192
Is that how
it happened?
528
00:22:48,279 --> 00:22:50,064
I didn't mean to, man.
I swear.
529
00:22:50,151 --> 00:22:52,501
Okay, I want you
to write down exactly
what happened,
530
00:22:52,588 --> 00:22:55,722
and date and sign
the bottom of each page.
531
00:22:58,681 --> 00:23:01,423
Can I say how I
didn't mean to do it?
532
00:23:01,510 --> 00:23:02,816
You mean,
how you only shot him
533
00:23:02,903 --> 00:23:04,208
'cause he wouldn't
give you his watch?
534
00:23:04,295 --> 00:23:06,907
Yeah, yeah.
The D.A. will like that.
535
00:23:12,521 --> 00:23:14,349
Garcia's a junkie
and a two-bit thief.
536
00:23:14,436 --> 00:23:16,264
He's got three arrests,
no convictions.
537
00:23:16,351 --> 00:23:18,005
A very
thorough confession.
538
00:23:18,092 --> 00:23:19,789
Hey, he's the guy.
539
00:23:19,876 --> 00:23:23,837
So was Bodak.
Let's get him
back to his fiancee.
540
00:23:23,924 --> 00:23:25,621
I'll arrange
the release.
541
00:23:25,708 --> 00:23:27,884
Our trial prep
just got a lot easier.
542
00:23:29,408 --> 00:23:31,322
Mr. Bodak, we're
very sorry about
what happened.
543
00:23:31,410 --> 00:23:33,455
Save it. We're not
gonna be friends.
544
00:23:33,542 --> 00:23:35,588
We expedited your
release three hours
after Mr. Garcia confessed.
545
00:23:35,675 --> 00:23:37,764
I've been in
jail for three days.
546
00:23:37,851 --> 00:23:41,376
You want to
make me feel good,
leave me alone.
547
00:23:41,463 --> 00:23:43,726
You owe him a lot
more than an apology.
548
00:23:43,813 --> 00:23:45,598
Mike Bodak wasn't
just wrongly accused.
549
00:23:45,685 --> 00:23:47,338
We can't just un-ring
the bell, Mr. Joostens.
550
00:23:47,426 --> 00:23:50,646
He was humiliated
in front of his
future wife and family.
551
00:23:50,733 --> 00:23:53,257
We both know that
wasn't necessary.
552
00:23:54,824 --> 00:23:57,436
And we thought
everything was
working out so well.
553
00:23:58,567 --> 00:24:00,917
He'll get over it.
554
00:24:01,004 --> 00:24:06,357
Now for the bad news.
Garcia's attorney's
trying to suppress the ID.
555
00:24:06,445 --> 00:24:09,012
We have a meeting
with Judge Ianello
tomorrow.
556
00:24:10,449 --> 00:24:12,538
This was
no lineup,
it was a setup.
557
00:24:12,625 --> 00:24:13,974
An arranged
confrontation between
558
00:24:14,061 --> 00:24:16,019
their witness and my
client in a courtroom.
559
00:24:16,106 --> 00:24:18,935
The observation was
completely accidental,
Your Honor.
560
00:24:19,022 --> 00:24:21,155
I refer you to
People v. Diaz.
561
00:24:21,242 --> 00:24:23,200
An accidental ID
in a police station
562
00:24:23,287 --> 00:24:25,159
was ruled
unavoidable and
admissible.
563
00:24:25,246 --> 00:24:27,248
Well, this
was avoidable.
564
00:24:27,335 --> 00:24:28,510
The police had
no reason to bring
the witness to the courthouse.
565
00:24:28,597 --> 00:24:30,164
It was a good
faith mistake.
566
00:24:30,251 --> 00:24:31,992
Maybe. Maybe not.
567
00:24:32,079 --> 00:24:34,037
They prejudiced
their witness
against my client.
568
00:24:34,124 --> 00:24:36,257
She saw him coming
out of a criminal
courthouse with a lawyer.
569
00:24:36,344 --> 00:24:38,346
She couldn't help assume
that he was a criminal.
570
00:24:38,433 --> 00:24:40,217
It wasn't written
on his forehead.
571
00:24:40,304 --> 00:24:42,785
An unshaven
Hispanic male in jeans
and an army jacket
572
00:24:42,872 --> 00:24:45,832
talking to
a white man in a suit.
The implication is obvious.
573
00:24:45,919 --> 00:24:48,617
He's right, Mr. McCoy.
The ID's tainted.
574
00:24:48,704 --> 00:24:51,228
Your officers should have
exercised more care.
575
00:24:51,315 --> 00:24:53,448
Your Honor,
the warrant to search
my client's apartment
576
00:24:53,535 --> 00:24:55,145
was predicated
on that ID.
577
00:24:55,232 --> 00:24:57,365
Yes, the evidence
seized there is
out as well.
578
00:24:57,452 --> 00:25:00,411
That's a gun,
bloody sock and
a wallet.
579
00:25:00,499 --> 00:25:04,111
The wallet was found on
Mr. Garcia's brother
outside the apartment.
580
00:25:04,198 --> 00:25:07,810
Mr. Garcia has no
standing to object to
a search of his brother.
581
00:25:07,897 --> 00:25:10,596
That's one for you,
Mr. McCoy.
The wallet's in.
582
00:25:10,683 --> 00:25:12,293
There's still
the confession,
Your Honor.
583
00:25:12,380 --> 00:25:13,642
If my client
hadn't been confronted
584
00:25:13,729 --> 00:25:15,035
with the illegally
seized evidence,
585
00:25:15,122 --> 00:25:16,427
he never would
have confessed.
586
00:25:16,515 --> 00:25:17,951
Your Honor,
under Frazier v. Cupp,
587
00:25:18,038 --> 00:25:19,648
the police are
permitted to lie
588
00:25:19,735 --> 00:25:21,824
to a suspect to
extract a confession.
589
00:25:21,911 --> 00:25:24,131
To exclude a confession
based on the truth...
590
00:25:24,218 --> 00:25:25,567
Well, then they
should have lied
591
00:25:25,654 --> 00:25:27,221
instead of violating
my client's rights.
592
00:25:27,308 --> 00:25:28,657
I'm afraid
Mr. Shuman's right.
593
00:25:28,744 --> 00:25:30,398
I'm going to
have to suppress it.
594
00:25:30,485 --> 00:25:32,008
I'm due in court.
595
00:25:32,095 --> 00:25:33,270
Oh, there's one
other thing, Your Honor.
596
00:25:33,357 --> 00:25:35,272
What, Mr. Shuman?
597
00:25:35,359 --> 00:25:37,057
My client's
sitting in Rikers.
All they have is a wallet.
598
00:25:37,144 --> 00:25:38,449
It's not enough to
sustain murder two.
599
00:25:38,537 --> 00:25:40,190
We're developing
other evidence.
600
00:25:40,277 --> 00:25:42,845
Well, when you do
you can re-arrest
Mr. Garcia.
601
00:25:42,932 --> 00:25:46,240
For now,
the charges against
him are dismissed.
602
00:25:46,327 --> 00:25:48,547
Cops blew it.
Won't be the last time.
603
00:25:48,634 --> 00:25:52,333
Get an ID from
the dry cleaner
or the pharmacist or both.
604
00:25:52,420 --> 00:25:53,900
The pharmacist is on
a cruise for two weeks,
605
00:25:53,987 --> 00:25:55,684
the dry cleaner
couldn't pick him out,
606
00:25:55,771 --> 00:25:56,990
and the doctor
who treated him
at Bellvue
607
00:25:57,077 --> 00:25:58,295
doesn't remember
what he looked like.
608
00:25:58,382 --> 00:26:00,167
Our only shot
is Bodak.
609
00:26:00,254 --> 00:26:01,647
Bodak saw Garcia?
610
00:26:01,734 --> 00:26:02,996
During the
second interview,
611
00:26:03,083 --> 00:26:04,563
Bodak said
he passed a Latino
612
00:26:04,650 --> 00:26:07,130
right after
he left Sherman.
613
00:26:07,217 --> 00:26:10,003
You didn't have
him look at Garcia
before he was released?
614
00:26:10,090 --> 00:26:12,875
We had incriminating
physical evidence
and a confession.
615
00:26:12,962 --> 00:26:16,400
And now you have neither.
Better find Mr. Bodak.
616
00:26:18,272 --> 00:26:21,797
Mr. Bodak, if you can
identify this man,
we can re-arrest him.
617
00:26:21,884 --> 00:26:24,452
Two days out of jail,
and you want me
to save your ass?
618
00:26:25,888 --> 00:26:27,934
Tell your bosses
it'll be 20 years
before I owe them anything.
619
00:26:28,021 --> 00:26:30,197
You don't owe them.
And since you
barely knew Matthew Sherman,
620
00:26:30,284 --> 00:26:31,459
I guess you
don't owe him either.
621
00:26:31,546 --> 00:26:33,026
Hey, who owes me,
Ms. Ross?
622
00:26:33,113 --> 00:26:34,157
You act like that
other stuff never happened.
623
00:26:34,244 --> 00:26:35,898
I'm sorry.
624
00:26:35,985 --> 00:26:37,117
Yeah, you're real good
at that, saying you're sorry.
625
00:26:37,204 --> 00:26:38,553
I actually do feel
sorry for you.
626
00:26:38,640 --> 00:26:40,250
A decent guy
who got screwed.
627
00:26:40,337 --> 00:26:41,948
But when a decent
guy has the opportunity
628
00:26:42,035 --> 00:26:44,472
to put a killer
behind bars, he stands up.
629
00:26:51,827 --> 00:26:53,394
I guess you two
have met.
630
00:26:53,481 --> 00:26:56,092
Listen, what happened
before was nothing personal.
631
00:26:56,179 --> 00:26:57,703
The photo array
is all set up.
632
00:26:57,790 --> 00:26:59,487
If there's any way we
can make it up to you...
633
00:26:59,574 --> 00:27:00,880
You've done
enough already.
634
00:27:00,967 --> 00:27:02,577
We're going to
show you six photos.
635
00:27:02,664 --> 00:27:04,405
You see the guy
who passed you on
Greenwich Street,
636
00:27:04,492 --> 00:27:06,581
you point to him,
all right?
637
00:27:10,498 --> 00:27:11,891
That's him.
Number One?
638
00:27:11,978 --> 00:27:13,893
You sure?
Yup. Absolutely.
639
00:27:18,288 --> 00:27:19,768
Whoa, whoa...
640
00:27:19,855 --> 00:27:21,422
Fellows, relax, man.
I ain't going nowhere.
641
00:27:21,509 --> 00:27:22,553
Put your hands
on your head, now.
642
00:27:22,641 --> 00:27:23,598
Hey, you can't
do this.
643
00:27:23,685 --> 00:27:24,817
Oh, no?
Watch this.
644
00:27:24,904 --> 00:27:26,645
You're under
arrest for murder.
645
00:27:26,732 --> 00:27:28,559
No, man!
His lawyer said that
stuff got thrown out.
646
00:27:28,647 --> 00:27:29,865
Never trust
lawyers, man.
647
00:27:29,952 --> 00:27:31,214
The judge said that.
648
00:27:31,301 --> 00:27:32,302
You have the right
to remain silent.
649
00:27:32,389 --> 00:27:33,782
Hey, this is
wrong, man.
650
00:27:33,869 --> 00:27:35,088
Anything you say...
I didn't kill nobody.
651
00:27:35,175 --> 00:27:36,524
...can and will
be used against you
652
00:27:36,611 --> 00:27:38,569
in a court of law.
You change your mind?
653
00:27:38,657 --> 00:27:40,049
I guess we'll just
have to convict you
the old-fashioned way.
654
00:27:40,136 --> 00:27:41,529
You have
the right to an attorney...
655
00:27:44,010 --> 00:27:46,273
Your Honor,
this arrest makes a mockery
of your ruling.
656
00:27:46,360 --> 00:27:49,363
Mr. Garcia was independently
identified by a witness
657
00:27:49,450 --> 00:27:50,843
who saw him in
the vicinity of the murder.
658
00:27:50,930 --> 00:27:52,627
My client was in
that photo array
659
00:27:52,714 --> 00:27:54,803
only because of
the tainted ID
by Virginia Watts.
660
00:27:54,890 --> 00:27:57,545
Mr. Garcia had
his mug shot taken
661
00:27:57,632 --> 00:27:58,938
when he was arrested
for shoplifting.
662
00:27:59,025 --> 00:28:00,635
It would've only
been a matter of time
663
00:28:00,722 --> 00:28:03,116
before Mr. Bodak picked him
out of the mug books.
664
00:28:03,203 --> 00:28:05,335
Sounds right to me,
Mr. Shuman.
The arrest stands.
665
00:28:05,422 --> 00:28:08,034
Your Honor,
I also ask you to reconsider
your earlier suppression
666
00:28:08,121 --> 00:28:09,862
of the murder weapon
and the bloody sock.
667
00:28:09,949 --> 00:28:11,646
There's no way
they would've gotten
a search warrant
668
00:28:11,733 --> 00:28:13,517
based solely on
Mr. Bodak's ID.
669
00:28:13,604 --> 00:28:15,171
If it was enough to
support an arrest,
670
00:28:15,258 --> 00:28:16,956
it's certainly enough
to support a search warrant.
671
00:28:17,043 --> 00:28:18,609
Nice try, Mr. McCoy.
672
00:28:18,697 --> 00:28:20,176
What I said
before stands.
673
00:28:20,263 --> 00:28:21,961
The gun and
the sock stay out.
674
00:28:24,485 --> 00:28:28,576
You got Bodak's ID
and Garcia's prints
675
00:28:28,663 --> 00:28:31,144
on the victim's wallet.
Good luck.
676
00:28:31,231 --> 00:28:32,885
We have more than that.
677
00:28:32,972 --> 00:28:34,625
His confession
was front page
in all the papers
678
00:28:34,713 --> 00:28:36,932
and led the 11:00 news.
679
00:28:37,019 --> 00:28:38,847
The audience makes
up our jury pool.
680
00:28:38,934 --> 00:28:40,936
They'll be
excluded in voir dire.
681
00:28:41,023 --> 00:28:44,157
Only if they admit it.
682
00:28:44,244 --> 00:28:46,202
Jack, I can't
reach Bodak.
683
00:28:46,289 --> 00:28:48,030
He isn't answering
his phone, he isn't
returning my messages,
684
00:28:48,117 --> 00:28:50,772
and his boss said
he didn't show up
for work.
685
00:28:50,859 --> 00:28:53,209
Then you better get
over to his place.
686
00:28:55,821 --> 00:28:56,952
The guy called
and said he did it
687
00:28:57,039 --> 00:28:59,215
to prove that he
could get to me,
688
00:28:59,302 --> 00:29:01,261
and that if I testify,
he's gonna do to my face
what he did to the bed.
689
00:29:01,348 --> 00:29:02,566
You should've
called us.
690
00:29:02,653 --> 00:29:04,351
Look, I think
the best thing I can do
691
00:29:04,438 --> 00:29:06,048
is just keep my
mouth shut, so can you
please go?
692
00:29:06,135 --> 00:29:07,397
Hiding out in your
apartment
isn't the answer.
693
00:29:07,484 --> 00:29:08,268
Well, I'll take it
over getting cut up.
694
00:29:08,355 --> 00:29:09,835
We can protect you,
695
00:29:09,922 --> 00:29:11,358
put you up in a hotel,
round-the-clock guards.
696
00:29:11,445 --> 00:29:12,707
What, for the rest
of my life?
697
00:29:12,794 --> 00:29:13,969
Look, we know
Garcia killed Sherman,
698
00:29:14,056 --> 00:29:15,754
but we can't
prove it without you.
699
00:29:19,322 --> 00:29:21,368
All I did was see a guy
walking down the street.
700
00:29:21,455 --> 00:29:24,893
You're a material witness.
That means we can arrest you.
701
00:29:26,155 --> 00:29:27,156
You do that.
702
00:29:37,645 --> 00:29:41,083
We can drag Bodak into court,
but I don't think
he'll finger Garcia.
703
00:29:41,170 --> 00:29:43,782
Then the judge will
find him in contempt
and throw him in jail
704
00:29:43,869 --> 00:29:45,044
until he changes his mind.
705
00:29:45,131 --> 00:29:46,393
He's not worried
about contempt,
706
00:29:46,480 --> 00:29:47,960
he's worried about
having his throat slit.
707
00:29:48,047 --> 00:29:49,744
I got the cops
watching his place.
708
00:29:49,831 --> 00:29:51,485
How about we find
out who's making
709
00:29:51,572 --> 00:29:53,443
the calls and
throw him in jail?
710
00:29:53,530 --> 00:29:55,924
It's not Garcia.
Rikers keeps records
of all inmate calls.
711
00:29:56,011 --> 00:29:58,274
What about his loving
and supportive family?
712
00:29:58,361 --> 00:30:01,756
There's only his brother.
Nothing on
the home phone LUDs.
713
00:30:01,843 --> 00:30:03,889
We've got a tap
on Bodak's phone.
714
00:30:03,976 --> 00:30:07,370
If he never calls back,
you have nothing
and we look like amateurs.
715
00:30:07,457 --> 00:30:09,590
Cut a deal with Garcia.
716
00:30:13,507 --> 00:30:15,683
Watch, they're
gonna offer us a deal.
717
00:30:15,770 --> 00:30:17,903
We won't keep
you in suspense.
718
00:30:17,990 --> 00:30:19,948
Mr. Garcia pleads
to murder two...
719
00:30:20,035 --> 00:30:21,602
You're dreaming.
720
00:30:21,689 --> 00:30:22,777
They got no case.
721
00:30:22,864 --> 00:30:25,084
We recommend 20-to-life.
722
00:30:25,171 --> 00:30:28,000
If that's all you're
putting on the table,
then we're done.
723
00:30:28,087 --> 00:30:30,916
You're putting
your life on the line.
724
00:30:31,003 --> 00:30:32,874
You've got nothing.
You've got a wallet.
725
00:30:32,961 --> 00:30:34,658
And a witness
who puts him in
the middle of things.
726
00:30:34,745 --> 00:30:36,399
The one who
remembered seeing
someone,
727
00:30:36,486 --> 00:30:39,054
what, during his
seventh or eighth
interview?
728
00:30:39,141 --> 00:30:41,013
A witness who
can't wait to testify.
729
00:30:41,100 --> 00:30:44,059
I'll eat him alive.
The guy's got
zero credibility.
730
00:30:45,191 --> 00:30:47,149
Come on, you gonna
make a serious offer,
731
00:30:47,236 --> 00:30:48,890
or are we just
gonna sit around here
and play with ourselves?
732
00:30:48,977 --> 00:30:50,936
The offer is murder two.
733
00:30:51,501 --> 00:30:53,373
Guard.
734
00:30:53,460 --> 00:30:54,678
POUNDS ON DOOR
DOOR BUZZES
735
00:30:54,765 --> 00:30:56,811
Think about it, Ricky.
736
00:31:02,817 --> 00:31:04,906
Rey, the rules say
you gotta play.
737
00:31:04,993 --> 00:31:07,082
Yeah, yeah.
738
00:31:07,169 --> 00:31:08,649
I don't know, Lennie.
We've been here two nights,
739
00:31:08,736 --> 00:31:10,738
and Bodak's gotten
a total of two calls.
740
00:31:10,825 --> 00:31:11,957
Gin.
741
00:31:12,044 --> 00:31:13,045
Bingo.
742
00:31:15,525 --> 00:31:17,092
[ON PHONE] Hello.
743
00:31:17,179 --> 00:31:18,528
I guess you
weren't listening before.
744
00:31:18,615 --> 00:31:21,009
You go to court,
you're a dead man.
745
00:31:22,924 --> 00:31:24,970
Got him.
746
00:31:25,057 --> 00:31:28,538
The number traces to
a Belvedere Refuse
Company on West 23rd,
747
00:31:28,625 --> 00:31:30,105
where Tony Garcia works.
748
00:31:30,192 --> 00:31:32,151
I'll call and find out
what route he's working.
749
00:31:32,238 --> 00:31:34,762
And I thought our
intimidator had retired.
750
00:31:34,849 --> 00:31:37,243
Just needed
a little motivation.
751
00:31:40,028 --> 00:31:43,118
Hey, Tony, you're under
arrest for intimidating
a witness.
752
00:31:43,205 --> 00:31:44,772
I don't know what
you're talking about.
753
00:31:44,859 --> 00:31:46,817
We have tape
of you calling Bodak
last night.
754
00:31:46,905 --> 00:31:48,123
You want to do
yourself some good,
755
00:31:48,210 --> 00:31:50,125
you'll tell us
what Ricky told you.
756
00:31:50,212 --> 00:31:51,822
Or you could play
the dedicated brother,
that's all right.
757
00:31:51,910 --> 00:31:53,824
You can both go to
jail for 20 years.
758
00:31:53,912 --> 00:31:56,827
I didn't do nothing,
and neither did my brother.
759
00:31:56,915 --> 00:31:59,221
Witness tampering
is a felony.
760
00:31:59,308 --> 00:32:04,052
And you have one
felony conviction already.
Grand Theft Auto in '91.
761
00:32:04,139 --> 00:32:06,533
That means you're
looking at four years
for one phone call.
762
00:32:06,620 --> 00:32:08,796
Unless you agree
to testify
against your brother.
763
00:32:08,883 --> 00:32:10,450
In which case,
we'll knock it down
764
00:32:10,537 --> 00:32:11,886
to misdemeanor
attempted tampering
765
00:32:11,973 --> 00:32:13,192
and recommend probation.
766
00:32:13,279 --> 00:32:14,889
Hey, I didn't make
no phone calls.
767
00:32:14,976 --> 00:32:16,456
We can get
a voice print.
768
00:32:16,543 --> 00:32:19,415
Which is
notoriously unreliable.
769
00:32:19,502 --> 00:32:23,593
You want your
brother to get off, right?
Let's say that happens.
770
00:32:23,680 --> 00:32:27,293
Then he's free,
and you're doing
four years in Attica.
771
00:32:27,380 --> 00:32:29,599
Seems to me you're getting
the short end of the stick.
772
00:32:29,686 --> 00:32:32,733
Or maybe they'll both
get off because they're
both innocent.
773
00:32:32,820 --> 00:32:34,865
Or hadn't that
crossed your mind?
774
00:32:41,611 --> 00:32:43,265
What if he gets out?
775
00:32:43,352 --> 00:32:45,354
We have him on tape
making the threats.
776
00:32:45,441 --> 00:32:46,616
He's not going anywhere.
777
00:32:46,703 --> 00:32:47,966
I'm concerned
with his brother.
778
00:32:48,053 --> 00:32:50,272
He will get out if
you don't testify.
779
00:32:50,359 --> 00:32:55,147
Forget it, Mike. Who knows
what other friends
Garcia's got out there?
780
00:32:55,234 --> 00:32:57,453
Mr. Gottlieb,
I expected you to
be more helpful.
781
00:32:57,540 --> 00:33:01,457
I'm looking out for my own.
Mike's got Ruth
to think about.
782
00:33:01,544 --> 00:33:03,503
These animals
could just as well
come after her.
783
00:33:03,590 --> 00:33:05,244
We gave you protection.
784
00:33:05,331 --> 00:33:06,506
We arrested
the person who
was threatening you.
785
00:33:06,593 --> 00:33:07,811
What more can we do?
786
00:33:07,898 --> 00:33:09,161
You can
leave him alone.
787
00:33:09,248 --> 00:33:10,814
If Garcia's on
the street, it's only
788
00:33:10,901 --> 00:33:12,947
a matter of time
before he kills again.
789
00:33:13,034 --> 00:33:14,557
That's good.
Making him feel guilty.
790
00:33:14,644 --> 00:33:17,604
You can stop him,
Mr. Bodak, with your
testimony.
791
00:33:17,691 --> 00:33:19,475
It's not
your problem, Mike.
792
00:33:20,563 --> 00:33:21,869
Can we count on you?
793
00:33:21,956 --> 00:33:23,914
You got no
obligation whatsoever.
794
00:33:29,616 --> 00:33:30,791
Yeah.
Mike...
795
00:33:30,878 --> 00:33:33,750
Frank, I saw the guy.
796
00:33:33,837 --> 00:33:38,016
I can't agree with you, Mike.
You ought to be
thinking about your family.
797
00:33:44,500 --> 00:33:45,980
I'll hold up my end.
798
00:33:51,899 --> 00:33:56,077
The tire jack
was on the street,
next to the front tire.
799
00:33:56,164 --> 00:33:58,558
At first,
I didn't see Matthew.
800
00:34:01,561 --> 00:34:03,563
I found him in the car.
801
00:34:06,348 --> 00:34:10,483
It didn't make sense.
I thought he was
sleeping at first.
802
00:34:10,570 --> 00:34:13,051
And then I saw
the blood all
over his chest.
803
00:34:18,317 --> 00:34:20,232
Do you recognize
this wallet?
804
00:34:22,756 --> 00:34:26,151
Yeah. Yeah,
it's Matthew's.
805
00:34:27,369 --> 00:34:30,459
Our grandfather
gave it to him
for his 21st birthday.
806
00:34:31,852 --> 00:34:33,549
Thank you, Tiffany.
807
00:34:36,944 --> 00:34:38,380
Your witness.
808
00:34:40,817 --> 00:34:42,732
Miss Sherman,
did you see my client
809
00:34:42,819 --> 00:34:44,908
anywhere near
your brother's car?
810
00:34:45,648 --> 00:34:47,563
No.
811
00:34:47,650 --> 00:34:49,565
You testified
that you identified
a man named Mike Bodak
812
00:34:49,652 --> 00:34:51,741
coming into the donut shop
just before you left,
813
00:34:51,828 --> 00:34:53,178
is that correct?
Yes.
814
00:34:53,265 --> 00:34:54,527
And he had
grease on his hands.
815
00:34:54,614 --> 00:34:56,355
Yes.
816
00:34:56,442 --> 00:34:57,660
Grease from
your brother's car.
Objection.
817
00:34:57,747 --> 00:34:59,532
The witness isn't
qualified to answer that.
818
00:34:59,619 --> 00:35:01,316
Withdrawn.
819
00:35:01,403 --> 00:35:03,710
Did Mr. Bodak
say anything to you
820
00:35:03,797 --> 00:35:05,755
or to the counter
man when he came in?
821
00:35:05,842 --> 00:35:06,843
No.
822
00:35:06,930 --> 00:35:08,149
What did he do?
823
00:35:08,236 --> 00:35:11,065
He wiped grease
from his hands.
824
00:35:12,153 --> 00:35:14,938
Did he, um, seem to
be in a hurry?
825
00:35:15,025 --> 00:35:19,726
I don't know.
He just took some napkins
and cleaned his hands.
826
00:35:19,813 --> 00:35:22,120
Thank you.
No further questions.
827
00:35:22,207 --> 00:35:24,122
You may step down,
Miss Sherman.
828
00:35:26,602 --> 00:35:27,777
Where's Bodak?
829
00:35:27,864 --> 00:35:29,736
He was arrested
by Bronx Vice.
830
00:35:29,823 --> 00:35:32,434
Mr. McCoy, call
your next witness.
831
00:35:36,351 --> 00:35:38,527
Your Honor,
the People request
a recess.
832
00:35:38,614 --> 00:35:39,876
For what purpose?
833
00:35:39,963 --> 00:35:41,269
Our final witness
has been delayed.
834
00:35:41,356 --> 00:35:42,879
We're confident
he'll be here shortly.
835
00:35:42,966 --> 00:35:44,968
We'll recess
till after lunch.
836
00:35:45,055 --> 00:35:47,188
And unless you have
a witness to present,
837
00:35:47,275 --> 00:35:48,885
we'll move on to
the defense case.
838
00:35:51,279 --> 00:35:52,541
Bodak went back
to work at one of
839
00:35:52,628 --> 00:35:54,587
D'Antoni's other
bookmaking locations.
840
00:35:54,674 --> 00:35:55,675
It was raided.
841
00:35:57,807 --> 00:35:59,200
Where is he now?
842
00:35:59,287 --> 00:36:00,897
In a holding cell
at the 58th Precinct.
843
00:36:00,984 --> 00:36:03,465
The riding A.D.A.
in the Bronx is Polk.
844
00:36:04,466 --> 00:36:08,340
You stay here
in case we need
another delay.
845
00:36:08,427 --> 00:36:12,213
Mike Bodak is the key witness
in the Garcia murder trial.
846
00:36:12,300 --> 00:36:14,128
Without him,
we have no case.
847
00:36:14,215 --> 00:36:16,130
From what I hear
you don't have much
of a case with him.
848
00:36:16,217 --> 00:36:19,220
We raided one of
D'Antoni's places
as part of our operation.
849
00:36:19,307 --> 00:36:20,526
It's not my
fault your witness
850
00:36:20,613 --> 00:36:22,354
was sitting there
when we walked in.
851
00:36:22,441 --> 00:36:24,312
I'm sure Corrections
will furlough
him to testify.
852
00:36:24,399 --> 00:36:26,401
You're an A.D.A.
You know we don't
853
00:36:26,488 --> 00:36:28,098
want him coming in
with a felony record.
854
00:36:28,186 --> 00:36:29,926
If I give
Bodak immunity,
855
00:36:30,013 --> 00:36:32,277
he has zero
incentive to testify
against D'Antoni.
856
00:36:32,364 --> 00:36:34,061
Give him a walk
without immunity.
857
00:36:34,148 --> 00:36:36,542
If you still
need Bodak later,
you can pick him up.
858
00:36:36,629 --> 00:36:38,587
It'll be months
before your
trial starts.
859
00:36:38,674 --> 00:36:40,807
What if he takes off?
860
00:36:40,894 --> 00:36:44,202
It's a Class E felony
and his jacket's clean.
He's not going to run.
861
00:36:46,247 --> 00:36:48,989
You must be out of your mind
if you thought we'd agree.
862
00:36:49,076 --> 00:36:51,426
Mike's not saying word one
at your murder trial
863
00:36:51,513 --> 00:36:53,733
unless he gets
full immunity
on these charges.
864
00:36:53,820 --> 00:36:55,691
The Bronx D.A.
won't agree to that.
865
00:36:55,778 --> 00:36:57,432
Then you have
a problem, McCoy.
866
00:36:57,519 --> 00:36:59,434
Mr. Bodak,
you promised
to testify.
867
00:36:59,521 --> 00:37:02,524
He didn't promise to
incriminate himself
for bookmaking.
868
00:37:02,611 --> 00:37:04,309
Mike, anything you
say at the murder trial,
869
00:37:04,396 --> 00:37:06,136
the Bronx D.A.
can use against you.
870
00:37:06,224 --> 00:37:08,269
I'll do everything
I can to protect you
on the stand,
871
00:37:08,356 --> 00:37:09,792
but I need you
on the stand.
872
00:37:09,879 --> 00:37:11,011
All right,
we're done talking,
McCoy.
873
00:37:11,098 --> 00:37:12,317
Mr. Bodak...
874
00:37:12,404 --> 00:37:14,406
What? What am I
supposed to say?
875
00:37:14,493 --> 00:37:16,190
Look where I am.
876
00:37:16,277 --> 00:37:18,584
They want me to
finger Ray D'Antoni,
Mr. McCoy.
877
00:37:18,671 --> 00:37:20,847
They want me for that.
You want me for Garcia.
878
00:37:20,934 --> 00:37:21,935
I'm getting killed here.
879
00:37:22,022 --> 00:37:24,198
I know.
880
00:37:24,285 --> 00:37:28,071
I don't understand.
I just helped
a guy change a tire.
881
00:37:29,159 --> 00:37:31,161
I-I don't get it.
882
00:37:31,249 --> 00:37:33,599
You help me,
Mr. Bodak,
and I'll help you.
883
00:37:33,686 --> 00:37:35,905
I don't think he can
stand much more
of your help.
884
00:37:35,992 --> 00:37:40,910
Fine. Listen to him.
Stay here and stand
trial for bookmaking,
885
00:37:40,997 --> 00:37:43,304
while Ricky Garcia
is acquitted for
lack of evidence.
886
00:37:43,391 --> 00:37:45,219
All right,
that's enough, McCoy.
You'll be in jail,
887
00:37:45,306 --> 00:37:48,570
and he'll be out
there doing drugs
and killing people.
888
00:37:49,789 --> 00:37:51,399
Your choice.
889
00:37:57,100 --> 00:37:59,189
It's too risky, Mike.
890
00:38:08,155 --> 00:38:10,940
He was having trouble
loosening the lug nuts,
891
00:38:11,027 --> 00:38:13,769
so I offered to help.
892
00:38:13,856 --> 00:38:16,903
After I got the nuts loose,
we jacked the car up
893
00:38:16,990 --> 00:38:18,208
and I pulled his tire off.
894
00:38:18,296 --> 00:38:20,210
What did you do then?
895
00:38:20,298 --> 00:38:23,126
Well, he said that he
could handle the rest,
so I took off.
896
00:38:24,084 --> 00:38:26,042
North on Greenwich.
897
00:38:26,129 --> 00:38:29,089
As you were walking
north on Greenwich,
did you pass anyone?
898
00:38:29,176 --> 00:38:32,614
Yeah, um, half a block
from the car,
899
00:38:32,701 --> 00:38:35,269
I passed a guy who
was walking towards
900
00:38:35,356 --> 00:38:37,663
where Mr. Sherman
was fixing the flat.
901
00:38:37,750 --> 00:38:40,230
Do you recall a statement
you gave the police
902
00:38:40,318 --> 00:38:42,276
prior to Mr. Garcia's arrest?
903
00:38:42,798 --> 00:38:44,539
Yes.
904
00:38:44,626 --> 00:38:47,542
Do you recall how
you described
the man you saw?
905
00:38:47,629 --> 00:38:51,067
I said he was Hispanic,
average height,
906
00:38:51,154 --> 00:38:55,289
with a dragon tattoo
on his right hand.
907
00:38:55,376 --> 00:38:58,727
Is the man you saw
walking toward
Mr. Sherman's car
908
00:38:58,814 --> 00:39:00,294
in this courtroom?
909
00:39:01,991 --> 00:39:04,080
Yes.
910
00:39:04,167 --> 00:39:06,822
That's... That's him at
the table over there.
911
00:39:06,909 --> 00:39:12,175
Let the record indicate
Mr. Bodak pointed
at the defendant,
912
00:39:13,568 --> 00:39:14,787
Ricky Garcia.
913
00:39:16,049 --> 00:39:17,529
Your witness,
Mr. Shuman.
914
00:39:22,360 --> 00:39:24,362
Mr. Bodak, you were
arrested and charged
915
00:39:24,449 --> 00:39:26,407
with this murder also,
weren't you?
916
00:39:26,494 --> 00:39:28,409
By mistake.
They let me go.
917
00:39:28,496 --> 00:39:30,629
But only after you suddenly
remembered seeing someone
918
00:39:30,716 --> 00:39:33,458
who resembled my client
near the scene of the crime,
isn't that right?
919
00:39:33,545 --> 00:39:34,807
Yes.
920
00:39:34,894 --> 00:39:36,286
When you supposedly
stopped to help
921
00:39:36,374 --> 00:39:37,897
Matthew Sherman
change the tire,
922
00:39:37,984 --> 00:39:39,028
where were you
coming from?
923
00:39:39,115 --> 00:39:40,160
From work.
924
00:39:40,247 --> 00:39:41,727
You mean
from the hotel.
925
00:39:41,814 --> 00:39:43,032
No.
926
00:39:43,119 --> 00:39:44,773
Then from where?
927
00:39:47,733 --> 00:39:49,474
You were coming
from a betting parlor
928
00:39:49,561 --> 00:39:51,476
run by bookmaker
Ray D'Antoni,
929
00:39:51,563 --> 00:39:54,696
where you answer the phone
and take bets,
isn't that right?
930
00:39:59,135 --> 00:40:01,660
Your Honor, I wish
to invoke my Fifth
Amendment privilege.
931
00:40:01,747 --> 00:40:04,880
In fact,
you were still working
for Mr. D'Antoni
932
00:40:04,967 --> 00:40:06,882
when you were
arrested yesterday,
isn't that right?
933
00:40:06,969 --> 00:40:08,841
Which is why you
weren't here earlier
to testify.
934
00:40:08,928 --> 00:40:10,451
Objection.
Relevance?
935
00:40:10,538 --> 00:40:12,018
Goes to credibility,
Your Honor.
936
00:40:12,105 --> 00:40:15,413
Overruled. Please answer
the question, Mr. Bodak.
937
00:40:19,939 --> 00:40:24,334
Yes, that's why
I wasn't here.
I was under arrest.
938
00:40:24,422 --> 00:40:27,816
Do you collect betting debts
for Mr. D'Antoni?
Perhaps by using force?
939
00:40:27,903 --> 00:40:29,905
No.
Matthew Sherman
ever place bets
940
00:40:29,992 --> 00:40:31,733
with Mr. D'Antoni?
941
00:40:31,820 --> 00:40:34,475
No. Well, I don't know.
942
00:40:34,562 --> 00:40:36,303
Did he owe money to
Mr. D'Antoni
943
00:40:36,390 --> 00:40:38,566
that you were
trying to collect
that Sunday morning?
944
00:40:38,653 --> 00:40:40,655
No. I don't do
that kind of stuff.
945
00:40:40,742 --> 00:40:44,398
Well, then exactly
what kind of stuff
did you do for Mr. D'Antoni?
946
00:40:50,796 --> 00:40:52,798
I invoke my Fifth
Amendment privilege.
947
00:40:52,885 --> 00:40:55,322
Your Honor,
please direct
the witness to answer.
948
00:40:55,409 --> 00:40:57,324
Mr. Bodak,
answer the question.
949
00:40:59,239 --> 00:41:00,849
I invoke my
Fifth Amendment.
950
00:41:00,936 --> 00:41:02,460
Approach, Your Honor?
951
00:41:06,899 --> 00:41:09,249
Your Honor,
the witness forfeited
his Fifth Amendment privilege
952
00:41:09,336 --> 00:41:10,946
when he answered
the People's questions.
953
00:41:11,033 --> 00:41:13,949
His whole line of
questioning is
irrelevant.
954
00:41:14,036 --> 00:41:16,038
All right,
take it to chambers.
955
00:41:16,125 --> 00:41:18,954
The court will
take a short recess.
956
00:41:19,041 --> 00:41:21,957
My questions might uncover
a credible alternate
suspect to this crime.
957
00:41:22,044 --> 00:41:23,655
They're completely
relevant.
He's fishing.
958
00:41:23,742 --> 00:41:25,613
Mr. Bodak was
put on the stand
959
00:41:25,700 --> 00:41:28,268
for the very limited
purpose of identifying
the defendant.
960
00:41:28,355 --> 00:41:29,835
That's his limited
purpose, not mine.
961
00:41:29,922 --> 00:41:31,663
Your Honor,
either Mr. Bodak answers
my questions,
962
00:41:31,750 --> 00:41:33,316
or I'm moving to strike.
All right.
963
00:41:33,403 --> 00:41:35,841
Mr. McCoy, your
witness cannot
selectively
964
00:41:35,928 --> 00:41:38,800
invoke his privilege.
It's all or nothing.
965
00:41:40,976 --> 00:41:44,850
He's not putting his
ass in a sling for you,
McCoy. He's got no immunity.
966
00:41:44,937 --> 00:41:46,895
He's not about to
incriminate himself.
967
00:41:46,982 --> 00:41:48,941
Does he know what
happens to this case
if he doesn't answer?
968
00:41:49,028 --> 00:41:51,944
I'm looking out for
his interests, not yours.
969
00:41:57,427 --> 00:41:59,778
Mr. Bodak,
I'm going to give
you another chance
970
00:41:59,865 --> 00:42:02,302
to answer Mr.
Shuman's question.
971
00:42:02,389 --> 00:42:05,261
Ms. Dorn, would you please
read back the question?
972
00:42:05,348 --> 00:42:09,831
Question, "Then
exactly what kind of stuff
did you do for Mr. D'Antoni?"
973
00:42:20,450 --> 00:42:22,278
I invoke my Fifth
Amendment privilege.
974
00:42:22,365 --> 00:42:24,063
All right, Mr. Bodak,
you're excused.
975
00:42:24,150 --> 00:42:26,761
Your Honor, for the record,
before you make your ruling
976
00:42:26,848 --> 00:42:28,633
I would like to
consult with the witness.
977
00:42:28,720 --> 00:42:30,635
Denied. Mr. Bodak,
step down.
978
00:42:31,549 --> 00:42:32,941
Members of the jury,
979
00:42:33,028 --> 00:42:35,335
I would like to
instruct you to disregard
980
00:42:35,422 --> 00:42:37,642
Mr. Bodak's
testimony in its entirety.
981
00:42:37,729 --> 00:42:39,818
Strike it all.
982
00:42:39,905 --> 00:42:41,428
He means disregard
that I ever saw him?
983
00:42:41,515 --> 00:42:43,386
All your testimony.
984
00:42:43,473 --> 00:42:46,389
Silence. Mr. Bodak,
leave or I'll cite you
for contempt.
985
00:42:46,476 --> 00:42:48,217
Mike, come on.
986
00:42:48,304 --> 00:42:50,132
Your Honor,
I move for a dismissal
of the charges
987
00:42:50,219 --> 00:42:52,526
on the basis that
the People failed to prove
their prima facie case.
988
00:42:52,613 --> 00:42:53,745
I'll take that
motion under advisement.
989
00:42:53,832 --> 00:42:55,137
Your Honor,
one moment, please.
990
00:42:55,224 --> 00:42:56,399
What now, Mr. McCoy?
991
00:42:56,486 --> 00:42:57,575
I'd like to
talk to my witness.
992
00:42:57,662 --> 00:42:58,706
Objection,
Your Honor.
993
00:42:58,793 --> 00:43:00,012
I haven't
rested my case!
994
00:43:00,099 --> 00:43:02,014
You have 30 seconds.
995
00:43:02,884 --> 00:43:04,233
This is your last chance,
Mr. Bodak.
996
00:43:04,320 --> 00:43:05,974
Michael, let's go.
997
00:43:06,061 --> 00:43:08,107
Mr. McCoy,
I am not going to let him
incriminate himself.
998
00:43:08,194 --> 00:43:10,849
Mr. Bodak, you're the only
one who saw him.
Don't let him walk.
999
00:43:10,936 --> 00:43:14,679
Forget it. Mike,
this is not your problem.
1000
00:43:14,766 --> 00:43:16,463
Mr. McCoy, you through
with your witness or not?
1001
00:43:16,550 --> 00:43:19,422
Make up your mind,
Mr. Bodak. Quickly.
1002
00:43:23,862 --> 00:43:25,951
Mike!
1003
00:43:26,038 --> 00:43:28,867
Your Honor, the People
would like to recall
Mr. Bodak to the stand.
1004
00:43:28,954 --> 00:43:30,869
Your Honor, I object.
I'll allow it.
1005
00:43:30,956 --> 00:43:33,175
Your Honor, I'm
Mr.Bodak's attorney...
Sit down.
1006
00:43:33,262 --> 00:43:36,091
Mr. Bodak,
take the stand. Remember
you're still under oath.
1007
00:43:43,359 --> 00:43:44,883
Mr. Bodak,
1008
00:43:46,798 --> 00:43:49,714
Mr. Shuman asked you
what you did for
Mr. D'Antoni.
1009
00:43:50,845 --> 00:43:53,108
Are you prepared to
answer his question?
1010
00:43:55,110 --> 00:43:56,808
Yeah.
1011
00:43:58,418 --> 00:44:01,595
I took bets over
the phone for Mr. D'Antoni.
1012
00:44:02,596 --> 00:44:05,120
Sometimes I helped
count money.
1013
00:44:05,207 --> 00:44:06,948
That's why
they arrested me.
1014
00:44:10,560 --> 00:44:14,608
But whatever you
think of me, that's okay.
1015
00:44:14,695 --> 00:44:17,742
But it does not
change the fact
that I saw that man
1016
00:44:17,829 --> 00:44:20,266
walking towards
Mr. Sherman's car
1017
00:44:20,353 --> 00:44:22,703
right before
Mr. Sherman was murdered.
1018
00:44:29,231 --> 00:44:31,016
Thank you, Mr. Bodak.
1019
00:44:36,456 --> 00:44:38,153
No more questions.
1020
00:44:38,240 --> 00:44:39,502
Mr. Shuman?
1021
00:44:39,589 --> 00:44:41,766
No questions.
1022
00:44:41,853 --> 00:44:44,638
You may step down,
Mr. Bodak.
1023
00:44:44,725 --> 00:44:47,206
Members of the jury,
I direct you to
1024
00:44:47,293 --> 00:44:49,295
disregard my
previous instructions.
1025
00:44:49,382 --> 00:44:53,299
You may now
consider all or part
of Mr. Bodak's testimony
1026
00:44:53,386 --> 00:44:55,562
during your deliberations.
1027
00:45:17,758 --> 00:45:20,369
Madam Forewoman,
has the jury
reached a verdict?
1028
00:45:20,456 --> 00:45:22,328
We have, sir.
1029
00:45:22,415 --> 00:45:25,113
Will the defendant
please rise?
1030
00:45:25,200 --> 00:45:28,377
On the first count
of the indictment,
murder in the first degree,
1031
00:45:28,464 --> 00:45:29,770
how do you find?
1032
00:45:29,857 --> 00:45:32,033
We find the defendant,
Ricky Garcia,
1033
00:45:32,381 --> 00:45:33,731
guilty.
1034
00:45:35,167 --> 00:45:37,125
On the second count
of the indictment,
1035
00:45:37,212 --> 00:45:39,693
robbery in the first degree,
how do you find?
1036
00:45:39,780 --> 00:45:43,001
We find the defendant,
Ricky Garcia, guilty.
1037
00:45:47,353 --> 00:45:50,617
The Bronx D.A. dropped
the bookmaking
charges against Bodak.
1038
00:45:50,704 --> 00:45:52,793
We're lucky to have
had him as a witness.
1039
00:45:52,880 --> 00:45:57,276
Nice to know that the entire
criminal justice
system rises or falls
1040
00:45:57,363 --> 00:45:59,757
on the decency
of a Mike Bodak.
81842
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