Original subtitles

by two separate yet equally important groups:

by two separate yet equally important groups:

the police, who investigate crime

and the district attorneys, who prosecute the offenders.

These are their stories.

Are you kidding me?

If Babe Ruth was playing today

he'd be lucky to hit .200.

200 home runs, that's what he'd hit.

The pitchers are stronger...

They're a bunch of bums.

They throw faster.

Baseballs today are like Superballs.

Babe Ruth had a drinking problem

a hot dog problem...

Drunk and fat, he'd still hit 200 home runs.

Whoa.

I'll call 911.

Get some help!

Oh, man.

Two vehicle event-- one injured, one dead.

Driver of the Volvo, Martha Krasner.

Would've been 32 next week.

I'm sorry for the lady

but why call us?

At first, EMT couldn't figure

why she cashed in.

Compression chest wounds didn't look life-threatening.

She had a heart attack?

Bullet. Small entrance wound

behind the left ear, hell of an exit under the hair.

Well, that'll impair your driving skills.

Any additional rounds fired?

Still checking for slugs and casings.

Nature of the wound, they couldn't have gone far.

What about this second driver?

Says Krasner drifted into the intersection.

Didn't see her coming.

Didn't see a shooter, either.

Any luck with the huddled masses?

Bag lady might've seen something.

Or she's just trying to get her 15 minutes.

I was on the corner

back there by the doughnut shop

an-and I hear somebody yelling

and honking their horn, so I-I look up.

'Course I sitting down so I can't see so good.

Well, what did you see?

This car coming out of the parking spot.

Which side of the street?

It was the right side.

It was a gray car, one of them, one of them big ones

that the kids are driving now.

S.U.V.?

Is I what?

Who was doing the honking and the yelling?

I couldn't see.

I guess it was somebody

who wanted it to hurry it up

or wanted the spot or something.

Where was it parked?

On the corner right there

and then, then finally it takes off

and then five seconds later

these other two cars, they crash.

Did you see who was in the gray car?

No, I was, you know, working. I sorry.

That's all right, you did good.

You call me

if you think of anything else.

I don't have any money.

Here.

So the guy in the car behind her

wants the parking spot.

So does Ms. Krasner.

She flips him the bird...

He gets pissed, overreacts, and pops her one.

Or she's honking at the guy in the S.U.V.

telling him to get a move on, and then he pops her.

Either way, the last thing

she does in this life is put her foot on the gas.

The car keeps going, the shooter takes off.

You could spend your whole life fighting traffic in this town.

Yeah. And then you die.

[Captioning sponsored by STUDIOS USA TELEVISION

and NBC]

I don't understand how something like this

can happen over a parking space.

We're very sorry for your loss.

Can you think of anyone

who would have wanted to hurt your wife, Mr. Krasner?

I thought you said it was road rage.

That's what it looks like.

Martha had no enemies.

For God's sakes...

We're just trying to touch all the bases.

This is one base you can skip, detective.

Nobody was having any affairs, or selling any drugs.

Please, just... find her killer.

We're going to do our best.

Tell me the truth.

Did she suffer?

No, sir.

She never felt a thing.

Window was rolled up

about three-quarters.

Bullet entered between the glass and frame.

Eye level.

So she's yelling at the guy.

She sees the gun.

She tries to roll up the window as she hits the gas.

Or she's rolling the window down

to yell back at him, but he shoots her first.

How many shots?

Just the one. No other slugs or casings.

One shot through the side of the head.

The guy was a hell of a marksman.

Or just lucky.

Well, not with this kind of bullet.

Found it under the passenger seat.

.38 caliber, 158 grain Black Talon.

Hollow point. Double your damage, double your fun.

Lady picked the wrong guy

to get into a traffic dispute with.

Yeah, that's why I don't even honk my horn anymore.

You guys got a visitor in Interview One.

A Mr. Simon, drives a gray S.U.V.

Gentlemen.

How'd you find out we were looking for you?

Uh, on TV.

It's that bag lady.

I was parked on the corner, like she said.

And you got into the car and...?

It was a tight spot, you know

and I just got the car.

So I'm trying to pull out

and I guess I was going kind of slow or something.

Anyway, somebody's honking their horn

and I look over and...

Did you get out of the car?

Why would I do that?

Maybe you got mad, someone was giving you lip...

Nobody gave me any lip.

Look, I came in here of my own volition.

Did you see the cars behind you?

There was a... blue car

looked like it was waiting for the spot.

Was there a woman driving it?

A strawberry blond?

I think so.

She the one who was killed?

Any other cars?

I think maybe there was a...

green car next to it.

What kind?

I couldn't be sure.

Big, small?

Medium.

Wait a second.

Lady was shot from her left.

Simon's in the spot on her right.

It doesn't make sense.

Her husband drives a green, mid-size sedan.

Yeah, and the shooter really wanted her dead.

He used a dum-dum bullet.

Maybe we should round those bases again.

Look, Martha was killed by some lunatic.

Where were you Monday morning, Mr. Krasner?

Teaching at P.S. 124

and I have 30 ten-year-olds who can vouch for me.

Where was your car?

On the street.

Mr. Krasner, is it possible

that your wife was seeing someone else?

It was nothing like that.

We were just having disagreements, you know?

Disagreements about what?

Martha used to be a teacher, too.

She was terrific in the classroom.

Then her cousin Jeff convinced her

to jump on the Internet bandwagon.

It was a disaster.

We're going to need Jeff's full name and address.

They were family.

We still need his name.

You guys never stop, do you?

Do you know why your wife was in Tribeca?

Maybe a meeting.

This woman bought her groceries at Key Food

she bought her clothes at JC Penney's--

a New Jersey outlet.

Martha Krasner-- party animal.

City pension, IRAs...

The largest cash amount she withdrew

in the last year was...

$400.

Well, she wrote a check last week for $7,000

payable to a Jeffrey Waites.

That's the dot-com cousin.

Yeah, the husband never mentioned

seven grand changing hands.

Hmm.

Maybe he didn't know.

It was a dynamite business plan.

Which was?

Boilerplate websites for public schools.

Schools buy the websites, Martha sells the ad space.

There's 100,000 schools in this country--

virgin territory.

What was your role in this dot-com?

I gave her an office, got her some meetings

helped with the first round of financing, that sort of thing.

Sounds idyllic-- why the split?

I had a lot of contacts in the candy business.

They wanted to run ads

on Martha's websites.

So, what was the problem?

Martha didn't think

candy products were appropriate for school websites.

So how come two weeks ago she paid you $7,000?

Compensation for the connections I threw her way.

And, uh, who gets the rights to this

dynamite business plan, now that Martha's dead?

Guys, I don't need to shoot people to get rich--

I'm already rich.

Then how come you hit her up for seven grand?

It was business.

Did you, uh, ever throw Martha any connections

downtown in Tribeca?

That's where she was killed.

Actually, I hooked her up with a firm uptown...

on 55th and Madison, that morning.

What's the name of this firm?

Reynolds Advertising.

Martha Krasner?

Yeah, Jeff Waite's cousin.

Right... I-I felt bad about blowing her off.

Something came up and I had to baby-sit this idiot client.

So, you didn't see her?

Just for a second to apologize.

What's this about, detectives?

Someone killed Ms. Krasner, sir.

You're kidding.

I wish we were.

You know where she went when she left?

Like I said, I was dealing with this crisis.

She asked to borrow my phone.

Her cell wasn't working or something.

Do you know who she called?

Sorry.

What time was this?

About 9:30.

Well, we can pull the records from the phone company.

Actually, I have them all on my PC.

We monitor the phones for personal calls.

I met Martha at an I.T. confererence in Seattle.

Her sites would have been ideal

for advertising our trading cards.

I'm so sorry to hear about...

Ms. Snowden, Martha called you yesterday morning, about 9:30.

She said a client canceled on her

did I have time for a cup of coffee.

And did you?

I told her to park in my space downstairs.

In the garage?

It was a nice morning, I walked to the office.

I figured, why should she

pay 20 bucks for a cup of coffee.

Was that wrong?

Ms. Krasner was shot

when she was driving away from your building.

Did you tell anybody else that she was going to be stopping by?

No, it was totally last minute.

Unless our shooter was psychic

he couldn't have known that she was going to be in that garage.

Maybe he tailed her.

Or it was road rage after all.

Fancy joint like this

you think the garage has security cams?

Okay, here's your Volvo.

There's nobody tailing her.

Can I see?

Lennie, what's Krasner's plate number?

M-S-T-5-9-2.

That's not our Volvo.

Our Volvo?

That's not our lady.

All right, here comes Jane Doe.

And two minutes later, there's our D.O.A.

Martha Krasner.

Two identical cars

two redheads.

On the theory that the killer was waiting for Jane Doe

Reina's got the DMV running plates on every car

that entered that morning.

Especially mid-size green sedans.

Any I.D. on the woman who got away?

DMV's checking that, too.

Well, since nobody could've known Krasner

was in the building, we're thinking

the shooter was waiting for the Jane Doe, screwed up

and nailed Krasner by mistake.

That's a real big "oops."

And we're sure he didn't follow Jane Doe in?

There's nothing on the tape.

We figure he was already inside.

Why not do her inside?

If we find him, we'll ask him.

But what about when Krasner

drove out? Anyone follow her?

There's no security cameras

on the exit ramp.

Lieutenant, '92 Buick Skylark

green, entered the garage at 9:20.

We got film on the driver?

Face is turned away from the camera.

Maybe on purpose. Who's the owner?

Guy named Mendel, reported it stolen

three days ago.

Well, that's convenient.

Second time this year.

Let's go.

Nice they send you all the way from Manhattan.

That where they found it?

Yeah, it was seen there two days ago.

What do you mean, "seen"? Seen by who?

Why don't you just start by telling us

where it was stolen from?

The synagogue parking lot, if you can imagine.

On shabbos, yet.

Rabbi, this is the second time you've reported the car stolen.

The other time doesn't matter; I got it back.

We figured as much

but there's no police record of the recovery.

We think your car may have been

involved in a homicide.

Now, if you have any idea who might've stolen it

please tell us.

Last time it was my nephew David, my sister's youngest.

He borrowed it, he brought it back, no problem.

Kol b'seder.

So maybe he borrowed it again?

He's in New Mexico.

He's on one of those, you know, uh...

like a kibbutz

Commune?

Right.

Excuse me.

Detective Green.

I'll yell you the truth.

I liked him better when he was stealing cars.

I got a nephew just like that.

All right. Lennie, Jane Doe's got a name.

Thanks, Reina.

Thanks for your time, Rabbi.

Her name's Kate Pierce.

Reina gave me her work address.

How do you tell someone somebody wants them dead?

Quickly.

A bullet to the head, huh?

I read about it

but I don't think she really looks like me.

Oh, still, from a distance...

The garage was dark.

You have the same car, same height

same weight, hair color.

There must be 10,000 women

in New York who fit that description.

We wouldn't be here if we weren't concerned.

You park in that garage on a regular basis?

I work out in the second-floor gym every morning. Why?

Predictable movements.

It fits.

Fits what?

The theory that the killer was waiting for you.

Can you think of anybody

who might want to harm you, Ms. Pierce?

I don't know; I never really thought about it.

You married?

My last boyfriend broke up with me.

And if anybody's going to kill anybody, I'm going to kill him.

"Crooked Cops: Exception or the Rule?"

Is this typical of your work?

I'm an investigative journalist.

Pissed anybody off lately?

If I'm doing my job right.

Ms. Pierce, we really could use your help here.

Believe me, I get it, detective.

It's just... what can I do?

I can't just turn over my files.

Still, you might want to consider it

given that somebody may be trying to harm you.

I covered the Taliban in Afghanistan without a veil.

No one is questioning your courage.

I can give you clippings-- anything that's public record--

but that's as far as I can go.

We'll need everything

from the last three months.

Oh, uh, do me a favor.

Sit facing the door.

Here's a profile of the Gucci family:

"Warfare Among the Properly Attired."

Guns don't kill people, handbags do.

Here's another one:

"Battle of the Ballots: State Senate Race on Hold."

Yeah, the election's over.

Here's one, couple weeks ago:

"Caputo Crime Family Moves in on Public Housing."

Windows.

Windows?

Replacement units, for the Housing Authority.

The Caputos got a lock on the market.

This is newsworthy?

We're talking 30,000 windows per year

100 bucks a pop-- pure profit.

Three million bucks.

I'd kill somebody for that.

How'd the Caputos corner this gold mine?

The usual--

a little schmear, a little kneecapping.

We just turned in the Organized Crime Task Force investigation.

Between you and me, U.S. Attorney's about

to hand down some major indictments.

Any chance that

Kate Pierce sparking the investigation

pissed off the Caputos?

Wouldn't take much.

Guys, got a hit on the rabbi's car.

Let me guess.

Not New Mexico.

Chelsea. Driver ran a stop light.

Keep me posted, this connects to the Caputos.

You got it.

We found gunshot residue

on the front seat of the Skylark, Mark.

I didn't... I didn't shoot anybody, I swear.

We also have a video of you

driving into the garage where the lady was shot.

What garage?

What lady?

How old are you?

Seventeen.

That's good; that's good for you

because that means that the D.A. can't touch you.

Yeah. The Supreme Court says

minors can't be held legally responsible

if they cooperate with the authorities.

If you cooperate.

I-I only got the car yesterday.

Where?

I'll-I'll get in trouble.

Mark, look around you-- you're already in trouble.

I bought the car off a guy I know-- 300 bucks.

Give us a name.

Jimmy Coleman.

Where'd he get it?

The place he works.

Junkyard up in the Bronx.

Look, will... will you tell him

that you tortured me or something

to get me to talk?

Yeah, rubber hoses.

Jimmy Coleman?

Who wants to know?

Consumer Reports.

We're looking for a '92 green Buick Skylark.

I can't help you.

Try again, and ask yourself if we'd be here

if we didn't already know something.

I sold it. It's not a crime, is it?

Only if it wasn't yours.

How'd you come by the car, Jimmy?

Hey, man, if you don't tell us

we're going to have to assume you stole it.

You know, I'm guessing a guy in your business

has at least a couple of priors.

That three-strikes sentence can be brutal.

Hold on. Hold on.

Some guy brought it by.

Told me to put it in the crusher.

"Some guy"?

I never saw him before.

He gave me two C notes, told me to mash it and trash it.

Didn't make any sense.

You still got the bills he gave you?

Martin Blatt. Armed robbery, assault, burg-two.

Should I go on?

We got your prints from one of the hundreds you gave

to the junkyard dude up in the Bronx.

The guy's an idiot, but he's got real good eyesight.

He picked you right out of this six-pack.

I never liked that picture.

Oh, yeah? You'd prefer the one

from the garage where you waited for that lady?

Is this the part where I slip up and confess?

You might as well.

We found gunpowder residue inside the Skylark.

I'm strictly a Ford man myself.

You might want to watch your back, Marty.

The Caputos can't be

real happy with you right now.

I don't know what you're talking about.

You did the wrong broad, genius.

Hitter like you, that can't be good for your rep.

You'd better start talking, Blatt.

Who hired you?

Elvis.

Yeah, well, you're going to be

joining the King pretty soon.

We didn't turn up

any weapons in Mr. Blatt's apartment

but we did find a cute little hollow space in a VCR

that contained a box of .38 caliber

158 grain Black Talons.

Usable prints, too.

Thought you'd want to know.

Have a short life, bro.

What's in it for me?

How about three hots and a cot

instead of a gurney?

The lady wasn't Pierce, huh?

Housewife.

Go figure.

Who wanted the reporter dead, Marty, and why?

I want protection.

In the joint.

We'll take care of the Caputos.

Caputos? What do they got to do with this?

This isn't about the windows?

What kind of windows?

Guy that gave me the button

said it had something to do with an election.

What election?

I don't vote.

The shooter claims

The shooter claims

the hit had nothing to do with family business.

People say politicians play for keeps.

I doubt they envisioned anything like this.

Who exactly did Blatt say gave him the contract?

Small-time wise-guy named Albert Bonatto.

No major crime family affiliation.

Then what was Bonatto's connection to all this?

Well, Blatt claims he doesn't know.

Just that Bonatto wanted

this reporter out of the picture.

She's writing an article

about some state senate race.

What are we doing to pick him up?

Well, I've got people

sitting on his house, places he normally frequents.

Okay.

Let me see if I can get this reporter to give me any more.

So if what this shooter is saying is true

this Bonatto is somehow connected to your story.

Who is he?

Convicted felon.

Not previously in the muscle end of things.

I don't recognize him.

Well, what can you tell me

about the election story you were working on?

It was about the 63rd District

State Senate race

and some irregular absentee ballots.

Right. Anne Benton's District.

Benton was reelected by less than 200 votes.

Then they discovered almost 400 overseas ballots had been altered.

Altered in what way?

Official at the Election Board

was adding registration numbers

to the ballots after they'd been received.

What happened?

A judge tossed them out.

Doesn't sound like much of a motive for murder.

There was something else.

I'm sorry. I can't answer that.

Even if your life is in danger?

I'm not a hero, Ms. Carmichael.

But when you take a job like this

it comes with certain risks.

Things a journalist has to put above her own safety.

Ms. Pierce...

I promise I'll be careful...

change my schedule...

but if I tell you what you want to know

I'd be revealing information I have no right to reveal.

And there's no way I can do that.

Any word on Bonatto?

Nothing so far.

And the reporter?

She's blacked out so much of her notes

it's hard to put anything together.

Is she protecting her life or her story?

Either way, she says it goes with the territory.

And she's made it perfectly clear

she's not about to breach any journalistic confidences

in order to help us out.

Well, there's no law that says

we can't speak to the same people she spoke to.

As long as I get the byline when the story breaks.

The Board of Elections have been doing this

for over a hundred years.

The only time we get headlines

is when there's a screw-up.

A city worker overworked and underappreciated.

I can relate.

Kate Pierce interviewed you

about the election three times.

Tell me what you told her

I go away.

That's what she said.

Pierce was looking into irregularities

in the absentee ballots in the 63rd District.

The added registration numbers.

Anything to it?

My opinion-- simple honest mistake.

But she came to see you twice

after her article came out.

She wasn't satisfied?

A reporter's questions might be optional, Commissioner.

With all due respect

mine aren't.

She wanted to know if any other

voting irregularities could have contributed

to Anne Benton being reelected.

What other irregularities?

We had some voting machines

break down in Benton's District.

Some?

You have to understand

these voting machines are practically antiques.

How many machines?

Twelve.

Is that a lot?

It is when they happen to be in one polling place.

And you told all this to Kate Pierce?

Didn't have to. She was already on to it.

What happens when the machines go down?

Ordinarily, we'd cannibalize

parts from other machines.

It's a little different when it happens on election day.

We use emergency paper ballots.

And who's in charge of those machines?

I got no idea what went wrong.

Our technician says

someone weakened the rivets at the back.

That's why the levers broke.

On all 12 machines.

Who asked you to rig those machines?

We know you were the last mechanic to work on them.

A woman's been killed, Mr. Eckert.

If you don't help us

you'll be held responsible for your part in her death.

There's a guy I know from the union...

Al Bonatto.

He asked me if I could mess with some of the machines

in Benton's district.

Did he say why?

Just that he wanted them to go down

at this one polling place.

But nothing about any woman.

So when the machines

break down, the voters are given paper ballots.

Following procedures

set forth in the Election Law.

And we think these breakdowns

have something to do with this woman's murder?

Kate Pierce

was the real target.

Martha Krasner just happened to be in the wrong place

at the wrong time.

On the theory Bonatto was not working for himself

we went back to try to find a connection between him

and one of the two candidates.

State senators are allowed to maintain private

law practices while they serve in office.

Anne Benton was once Al Bonatto's lawyer.

A low-life like that

and a senator from the Rainbow Coalition.

And nobody has been able to find Bonatto since the shooting.

I think we should have a conversation

with Senator Benton.

Anne Benton was one of the people who lobbied

for my appointment

with Rudy.

Are we playing favorites?

Just speak softly and carry a big subpoena.

I've never made a secret of my relationship

with Albert Bonatto.

However, I no longer represent the man.

I haven't in years.

When was the last time you spoke to him?

I can't really say.

If you could possibly pinpoint it

a little better than that, Senator

we'd appreciate it.

Maybe your Chief of Staff

could check your records?

Mr. Coulter?

I'll check the Senator's appointment calendar.

I'm still not clear what exactly

your concern here is.

At this point

all we can really say is

that Bonatto may be involved in a murder.

Murder?

That's not the Al Bonatto I was familiar with.

Two felony convictions

for taking kickbacks from city union officials

there's a variety

of fraud allegations...

May I ask how the Senator's name came up?

Only by way

of her connection to Mr. Bonatto.

Which I've already stated

is a matter of public record.

Beyond that I'm afraid attorney-client privilege kicks in.

But if there's any other assistance I could provide

I would be happy to do so.

Now, Mr. McCoy

Ms. Carmichael... if you'll excuse us

the Senator has a committee meeting in about five minutes.

You'll give my regards to Nora.

Certainly.

Never admitted anything

never denied anything.

The perfect politician.

It's too much of a coincidence

her having been Bonatto's lawyer.

Especially the mechanic tying Bonatto

to those voting machines.

We could haul her before a grand jury

ask her about Bonatto under oath.

Yeah, but if Benton's involved

she'll take the Fifth.

And there's no way Nora's going to give her immunity

until she knows the full extent of her participation.

When I went to see that Commissioner at the Board of Elections

I used Pierce's notes as a road map.

I talked to who she talked to.

How'd she know where to go?

She had a source.

You're asking me to force

a reporter to identify a source?

A source who may have information

about a cold- blooded murder

and whose life may very well be in jeopardy.

Your Honor, a reporter has to know

that everything she sees

everything she hears is sacrosanct.

Everything? What if a reporter knew of a terrorist plot?

But doesn't New York's shield law

bar the People from asking

for a source's identity?

The protection isn't absolute.

Knight-Ridder v. Greenberg.

In that case, the Court of Appeals

noted the limitations of journalistic privilege.

A journalist was forced to turn over a videotape

of a murderer's confession.

The tape itself was hard evidence.

He makes a point.

The distinction

between a killer's statement

and the name of a source sounds pretty real.

I talked to this person.

They don't want their name revealed

and I won't betray that.

There's the hitch, McCoy.

If I order disclosure

it'll only result in refusal by Ms. Pierce

a contempt citation and an appeal.

The motion to quash disclosure

and the identity of Ms. Pierce's source

is granted.

I wonder how much Pierce really told her source

about the danger they're in

with Bonatto still on the loose.

She's going to end up protecting this guy

right into his grave.

Let's assume Anne Benton's behind the scheme

to rig the machines.

What'd she accomplish?

You mean other than

proving women can be as ruthless as men

when it comes to seeking office?

Her margin of victory was under 200

every vote made a difference.

Well, paper ballots would have meant longer lines

maybe voters go home.

Benton's opponent was carrying that neighborhood two to one.

Looks like her strategy worked.

Official tally, Board of Elections.

Almost 2,000 fewer votes

were cast at that polling place

than in the last election.

Not according to the actual voter sign-in books.

The vote was up.

If that's right, about 2,000 votes are missing.

How many votes are we talking about?

1,865.

The polling place was going

heavily in favor of Benton's opponent.

So then these missing ballots

were the key to her reelection.

Can we link her to the man who rigged the machines?

Not directly.

Where are these ballots now?

According to Mr. Feinberg of the Board of Elections

they never arrived, so they don't exist.

Now you see 'em, now you don't.

Briscoe and Green just picked up Albert Bonatto.

Well, let's see if he's registered.

Blatt fingered you.

Explains why nobody's seen the little weasel. Al...

We've seen him, Mr. Bonatto.

He killed the girl and you hired him.

And we've got Joey Eckert

the mechanic who rigged the machines for you.

So now we'd like to know what you have.

I think we all know what he has.

Anne Benton.

Anne was what you'd call a motivating factor.

She ordered the hit?

Took a little convincing

but I always said Annie's a pragmatist.

People will forgive a politician almost anything.

Fixing an election isn't one of them.

What are we looking at?

In exchange for his testimony, 20 to life.

Not exactly an offer

I couldn't refuse.

What if I sweeten the pot?

With what?

All present and accounted for?

Abbie said four boxes, we got four boxes.

Lot of voters got ripped off.

So what's new?

And Ms. Benton goes to Albany instead of her opponent.

Well, maybe they'll find

some better accommodations for her upstate.

Session's over, Senator.

Have you lost your mind?

Please stand up, ma'am?

Anne Benton, you're under arrest

for the murder of Martha Krasner.

I'll call your husband.

Call my lawyer.

You have the right to remain silent.

Anything you say...

Docket ending 261:

People v. Anne Benton.

Charges are Murder in the Second Degree

Conspiracy in the First Degree.

Is the defendant prepared to enter a plea?

Not guilty, Your Honor.

Are the people requesting bail?

Given the fact that Ms. Benton has been implicated

in a murder-for-hire

the People would request bail

in the amount of... MAN: This is absurd.

Senator Benton is only implicated in this awful crime

by a reputed organized crime figure--

a confessed killer and a two-time felon.

There isn't a scintilla of direct evidence

tying my client to any of these charges.

Ms. Carmichael, are the People going forward with anything more

than the word of this alleged accomplice?

Yes, Your Honor.

The people are in possession of certain

missing ballot boxes, which we maintain

corroborate Mr. Bonatto's statements.

This prosecution is nothing but a political witch hunt.

An effort by my client's political enemies

to try to do in court what they were unable to achieve

at the polls.

In any event, Senator Benton hardly seems a flight-risk

unless the People consider Albany

to be too far outside its jurisdiction.

The defendant is released without bail.

Abbie...

I just saw Benton and her lawyer.

Judge let her walk.

She's got a lot of juice in this courthouse.

Makes you want to play in a bigger arena.

What?

I've had another job offer, Jack.

I didn't want to spring it on you

in the middle of a case like this, but...

um... they need an answer in the next day or so.

I guess you're thinking about taking it.

It's the U.S. Attorney's Office-- Southern District.

Ah... the bigger arena.

They're putting together a task force on major crimes.

When would you start?

As soon as this case is over.

Oh...

But I would be right next door

so if there were any problems

with any of my cases...

I don't have to tell you

how much you'll be missed.

No, you don't have to tell me that...

but I'd still like hearing it.

The Senator rigged the election

then tried to kill a reporter to cover it up.

You've got the gist of it.

By that reasoning

she'd have to eliminate half a dozen newspeople.

Only Kate Pierce had a source.

And the name of this source?

That's what I thought.

Doesn't change Albert Bonatto's testimony.

But the Senator did what?

Sabotage some voting machines?

Those machines were due for the scrap heap

during the Carter administration.

Those machines were inspected and declared operational.

That is until a mechanic was asked by Mr. Bonatto

to rig them to fail.

What mechanic? I never met the man.

The beauty of a conspiracy charge, Senator

is one hand doesn't have to know what the other's doing.

People's theory, if I grasp it

is that the Senator arranged to steal votes

in a neighborhood that was going heavily against her.

It's not complicated, Counselor.

Flaw in your theory; those missing votes

would have gone our way.

As I understand it the machines didn't go down

until after noon.

Which means that the paper ballots--

the ones that got lost--

were from people coming home from work.

People who have jobs.

They are my core constituency.

So, you see, the Senator had no reason

to tamper with the machines, and as such

certainly no reason to kill the reporter.

Other than egg on my face, what am I left with?

Benton's theory about carrying that neighborhood is absurd.

It may be, but at least it's supported

by an official election result.

What is our theory supported by?

A witness.

Al Bonatto's been convicted of two felonies.

He's a member of the mob, for God's sake.

In addition to which

he's testifying pursuant to a plea bargain.

Nora, if we shied away every time

a defense attorney cross-examined one of our witnesses

about a plea bargain, we'd never bring a case.

What about the fact

that Pierce writes mob stories?

Blaming Benton could be a Bonatto smoke screen.

Covering his own ass for family business

that has nothing to do with the election.

You don't believe that.

It doesn't matter what I believe.

The question is what's a jury going to believe

when Benton's lawyer stands up and said she had no motive

to commit the murder because

she had no motive to steal the ballots.

There's not a single exit poll that can support that.

Exit polls

aren't evidence.

Without a source, we've got nothing.

We have the ballots.

We count them, they go against Benton

we have our motive.

Count the ballots.

That's outrageous.

What is this?

An election or a criminal action?

Counsel, I'm going to construe your outrage

as a motion to suppress.

But he has a point, Mr. McCoy.

Not if his client

is going to hide behind those uncounted ballots

to get away with murder.

The bottom line is the People can't make out

chain of custody on those ballots.

Any count would be hopelessly tainted.

As I understand it

Mr. Bonatto had the ballots in his possession?

Yes, Your Honor and he's prepared

to testify they were in his social club under lock and key.

Is he also going to tell us how he stole them?

Furthermore, Judge

the People have provided the court

with an affidavit indicating that

the security tape on those ballot boxes is intact.

Which doesn't mean the ballots themselves remain

in their original condition.

They've been jostled, transported...

These are paper ballots marked with a pencil.

How could jostling possibly affect anything?

You can argue whatever you like to the jury

about who killed Ms. Krasner, but your motion is denied.

Then I insist on being part of any process

that involves counting these ballots.

Counselor...

I'm not going to have a replay of recent shenanigans.

Not in New York.

Not in a murder case.

You can be present, but that's it.

Tell the Board of Elections to start counting.

Come on, that's clearly a "yes."

Come on, that's clearly a "yes."

I counted those already.

Let me see that.

I say yes.

He circled the name, he didn't check the box.

The voter's intention is clear.

And so are the rules.

No extraneous markings.

Put it with the "maybes."

Been going on like that all night?

Bipartisanship at its best.

Thanks.

Even without the maybes, the vote's running...

roughly 70% against Benton.

This holds up, we have her motive

for Martha Krasner's murder.

ADA John J. McCoy?

Right here.

Sir, this is a temporary restraining order

from the Appellate Division

ordering you and the Board of Elections to immediately halt

the counting of these ballots

and for you to appear tomorrow morning, 10:00 AM.

How the hell did they manage that?

They had help.

Committee to Reelect Senator Benton

Voters Caucus of New York

The Association for Electoral Justice...

It goes on.

Just like the election.

In conclusion, we ask a halt

to this so-called count on the grounds

that the District Attorney's office cannot prove

the bona fides of these ballots.

That they are in fact in their original condition.

Mr. Linde, as I understand it

these ballots have been missing for over three weeks?

That's correct, Your Honor.

And they were

in the possession of a reputed organized crime figure.

Again, that's correct, Your Honor.

Well, security tape

or not, on these facts alone

it's clear to me they have no place

in a criminal trial.

Thank you, Mr. Linde.

Mr. McCoy.

With all due respect, I think this Court is losing sight

of the purpose of this count.

Let me be clear.

The people have no interest whatsoever

in the outcome of this election except as it pertains to this

defendant's motive to commit a homicide.

Still, regardless of your reasons

you're talking about possibly

overturning a decision by the voters

of this state.

I'm sorry, but as I understand it

the outcome of this count will be strictly limited

to the criminal trial.

That's correct, Your Honor.

Then I fail to see the harm

in allowing the count to continue.

I think it's naive to believe

this outcome will be limited to the trial.

The fact is any result which differs

from the official election is certain cause for confusion.

The people learn the truth.

I don't see how that constitutes harm.

Well, how is your case

without this evidence, Mr. McCoy?

This evidence is vital

to the People's case, Your Honor.

And right there is another concern.

Even with the ballots counted

your case is not a strong one.

What happens

when we turn this election on its ear and you lose?

I find this court's reluctance difficult to fathom.

And any willingness to let a killer go free

to protect a politician from the truth is a betrayal

of the most basic principles of law.

Thank you, Mr. McCoy.

This court will recess briefly.

None are more conscious of the limits of the judiciary

than this court.

Now that being said, when contending parties

invoke the legal process, it becomes

our unsought responsibility

to resolve the issues confronting us.

The Court

with two dissents, grants

the injunction sought by the Petitioner.

The ballots will not be counted.

Without the ballots, the case against Benton

just becomes her word against Bonatto's again.

A fact that couldn't possibly have eluded the court.

The vote went right down party lines-- three to two.

I never thought I'd see the day

when a court let politics prevent a murder prosecution.

Oh, they're all politicians.

Just some of them wear robes.

The irony is

Bonatto and Blatt end up serving 15-to-life.

Anne Benton gets a second term.

They can always ask Benton to help them apply for a pardon.

It's all nonsense.

There's no legal basis for this decision.

Don't kid yourself.

The same thing will happen on appeal.

It's over, Jack.

We're fresh out of evidence.

Are we?

What are you saying?

Mr. McCoy.

They're going to let her go.

I wish I could help you.

We both know you can.

I already told you.

My source won't come forward.

Then give me a name.

I can compel the testimony.

Don't you understand?

The people who talk to me have to believe

that their identities will be protected.

It's the only way I can do my job.

I doubt a journalist's commitment

to her professional obligations will be much comfort

to Martha Krasner's family.

That isn't fair, and you know it.

This woman's life was taken

because someone confused her for you.

And now you're refusing to give me information

that would prevent her killer from going free.

What's fair about that?

And when I break my confidence...

when I violate his decision not to come forward

what do I tell my source, Mr. McCoy?

Tell him

Martha Krasner never had a chance to decide

whether to become part of the story.

Raise your right hand.

Sir, do you solemnly swear

to tell the truth, the whole truth

and nothing but the truth

in the matter in which you are about to testify?

I do.

State your name and occupation for the record, sir.

Matthew Coulter.

Chairman, Committee to Reelect Senator Anne Benton.

Mr. Coulter, do you know a man

named Albert Bonatto?

I do.

Do you also know Anne Benton?

Yes. I do.

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