1 00:00:00,534 --> 00:00:04,770 In the criminal justice system, the people are represented 2 00:00:04,772 --> 00:00:07,439 by two separte yet equally important groups: 3 00:00:07,441 --> 00:00:09,408 The police, who investigate crime, 4 00:00:09,410 --> 00:00:12,177 and the district attorneys, who prosecute the offenders. 5 00:00:12,179 --> 00:00:14,546 These are their stories. 6 00:00:14,548 --> 00:00:18,517 ( horns honking, car alarm blaring ) 7 00:00:18,519 --> 00:00:21,387 MAN: It doesn't bother you at all, does it? 8 00:00:21,389 --> 00:00:24,156 To you it's like talking about a new pair of shoes. 9 00:00:24,158 --> 00:00:25,357 For God's sake, she's family. 10 00:00:25,359 --> 00:00:27,559 Would I discuss this with my sister? 11 00:00:27,561 --> 00:00:29,294 Sally's a therapist. 12 00:00:29,296 --> 00:00:32,297 The problem is not with the big head, Jessie. 13 00:00:32,299 --> 00:00:34,166 You're being childish. 14 00:00:34,168 --> 00:00:36,535 You folks hear Howard this morning? 15 00:00:36,537 --> 00:00:39,038 He went off on some poor broad. 16 00:00:39,040 --> 00:00:40,572 You mind? 17 00:00:43,210 --> 00:00:44,510 DRIVER: Look out! 18 00:00:44,512 --> 00:00:46,545 ( tires screeching ) 19 00:00:48,382 --> 00:00:50,182 MAN: What the hell you doing? 20 00:00:50,184 --> 00:00:52,418 ( horns honking ) 21 00:00:59,460 --> 00:01:03,128 POLICE OFFICER: All right, keep back, folks. 22 00:01:03,130 --> 00:01:04,530 Mikey. 23 00:01:04,532 --> 00:01:06,265 Yeah. 24 00:01:06,267 --> 00:01:08,267 No see and no hear. 25 00:01:08,269 --> 00:01:10,669 Eight million people, and you die alone. 26 00:01:10,671 --> 00:01:13,272 What's the morning headline? 27 00:01:13,274 --> 00:01:15,541 MAN: "Man Kisses Tenth Avenue." 28 00:01:15,543 --> 00:01:17,543 The kiss of death. 29 00:01:17,544 --> 00:01:19,544 But his face wasn't crushed from a knife wound. 30 00:01:19,547 --> 00:01:23,082 He must have come from that bridge. 31 00:01:24,552 --> 00:01:26,585 Let's see what we got. 32 00:01:29,156 --> 00:01:31,657 And the winner is... James Vogel. 33 00:01:31,659 --> 00:01:33,559 Whoa. 34 00:01:33,561 --> 00:01:36,361 Make that Councilman Vogel. 35 00:01:37,665 --> 00:01:41,300 The 16th District is a long way from home. 36 00:01:41,302 --> 00:01:44,269 20, 40, 60, 80... 37 00:01:44,271 --> 00:01:47,272 83 bucks and a full deck of plastic. 38 00:01:47,274 --> 00:01:49,274 Too busy to rob him. 39 00:01:49,276 --> 00:01:50,642 A disgruntled voter? 40 00:01:50,644 --> 00:01:54,546 Or a contributor who wasn't getting his money's worth. 41 00:01:54,548 --> 00:01:57,616 It's a hell of a way to leave office. 42 00:02:02,289 --> 00:02:06,358 Captioning sponsored by NBC/Universal 43 00:03:22,403 --> 00:03:24,937 Vogel attended a benefit for the New York Women's 44 00:03:24,939 --> 00:03:27,272 Foundation of the Democratic Club. 45 00:03:27,274 --> 00:03:30,275 The doorman says he left by himself after 10:30. 46 00:03:30,277 --> 00:03:33,412 Five minutes later, a half gainer off the high dive. 47 00:03:33,414 --> 00:03:36,281 If anybody saw this, they didn't stay to tell. 48 00:03:36,283 --> 00:03:38,250 Maybe some witness will show up. 49 00:03:38,252 --> 00:03:40,619 Maybe I'll grow wings and learn to fly. 50 00:03:40,621 --> 00:03:43,388 I sat on a panel last year with Vogel-- 51 00:03:43,390 --> 00:03:45,924 safe schools, juvenile violence. 52 00:03:45,926 --> 00:03:48,493 Lot of grandstanding, but not Vogel. 53 00:03:48,495 --> 00:03:51,296 This guy is one of the good ones. 54 00:03:51,298 --> 00:03:53,599 Good guys can step on the wrong toes. 55 00:03:53,601 --> 00:03:57,336 In politics, there's bound to be some sore losers. 56 00:03:57,338 --> 00:03:59,538 I want this one in the win column. 57 00:03:59,540 --> 00:04:03,542 In addition to the impact wounds from the fall and the car 58 00:04:03,544 --> 00:04:06,478 he had blunt-force wounds across the front of his body. 59 00:04:06,480 --> 00:04:08,647 Started out just wanting to hurt him. 60 00:04:08,649 --> 00:04:10,549 And for a dime or a dollar, 61 00:04:10,551 --> 00:04:12,584 doesn't make much difference now. 62 00:04:12,586 --> 00:04:15,587 We have a dorsal wound, one upward thrust.nt-- 63 00:04:15,589 --> 00:04:17,389 The blade entered the abdominal cavity 64 00:04:17,391 --> 00:04:20,325 under the rib cage, the kidney,p through 65 00:04:20,327 --> 00:04:21,893 and transected the renal vein. 66 00:04:21,895 --> 00:04:24,396 LOGAN: and he's gone. 67 00:04:24,398 --> 00:04:26,665 Internal bleeding-- no pain, no stain. 68 00:04:26,667 --> 00:04:29,501 CERRETA: Mark of a craftsman. 69 00:04:29,503 --> 00:04:33,338 WOMAN: for literacy programs, 70 00:04:33,340 --> 00:04:35,374 rights for elderly tenants-- 71 00:04:35,376 --> 00:04:38,277 hardly anything you'd call controversial. 72 00:04:38,279 --> 00:04:40,412 A few landlords might beg to differ. 73 00:04:40,414 --> 00:04:42,047 He built bridges, not walls. 74 00:04:42,049 --> 00:04:45,684 I ran his constituents office for eight years. 75 00:04:45,686 --> 00:04:49,454 I do not know a single enemy that he didn't win over. 76 00:04:49,456 --> 00:04:50,622 What about allies? 77 00:04:50,624 --> 00:04:52,357 Did he owe any favors? 78 00:04:52,359 --> 00:04:54,559 He said favors get you in trouble. 79 00:04:54,561 --> 00:04:56,995 CERRETA: Was he ambitious? 80 00:04:56,997 --> 00:05:00,365 In right amounts, yes, but nobody owned him. 81 00:05:00,367 --> 00:05:03,035 Maybe they had a short-term lease. 82 00:05:03,037 --> 00:05:07,372 Now, here are two deposits to his money market account. 83 00:05:07,374 --> 00:05:09,508 One was eight months ago. 84 00:05:09,510 --> 00:05:11,076 This one three months ago. 85 00:05:11,078 --> 00:05:13,345 It's a total of 50 grand. 86 00:05:13,347 --> 00:05:14,713 Did he win the lotto? 87 00:05:14,715 --> 00:05:18,083 I wouldn't know where that came from. 88 00:05:18,085 --> 00:05:20,385 Well, we've got the bank number. 89 00:05:20,387 --> 00:05:22,087 If they're checks 90 00:05:22,089 --> 00:05:24,489 we'll go to the issuing account. 91 00:05:24,491 --> 00:05:26,058 My hunch? 92 00:05:26,060 --> 00:05:29,328 Wherever it's from, lotto would have been better. 93 00:05:29,330 --> 00:05:31,463 I lent him the money. 94 00:05:31,465 --> 00:05:33,965 The father is an easy touch. 95 00:05:33,967 --> 00:05:36,535 CERRETA: In my family, we don't write 96 00:05:36,537 --> 00:05:38,337 blank checks. 97 00:05:38,339 --> 00:05:40,672 VOGEL: He asked and I gave. 98 00:05:40,674 --> 00:05:43,408 If he'd wanted me to know what it was for, 99 00:05:43,410 --> 00:05:44,643 he would have told me. 100 00:05:44,645 --> 00:05:46,345 Maybe he told your wife? 101 00:05:46,347 --> 00:05:48,747 Judith passed away six years ago. 102 00:05:48,749 --> 00:05:51,016 LOGAN: Was there anyone else 103 00:05:51,018 --> 00:05:53,418 he might have confided in-- maybe a girlfriend? 104 00:05:54,088 --> 00:05:57,389 James kept his own counsel. 105 00:05:57,391 --> 00:06:01,093 I don't see what this money has to do with his death. 106 00:06:01,095 --> 00:06:04,096 Some piece of filth held him up. 107 00:06:04,098 --> 00:06:06,365 Robbery wasn't the motive. 108 00:06:06,367 --> 00:06:09,768 And you're looking for a motive? 109 00:06:09,770 --> 00:06:13,405 How about just for the hell of it? 110 00:06:13,407 --> 00:06:15,707 That's a popular one these days. 111 00:06:15,709 --> 00:06:20,145 Or someone just doesn't like the look on his face. 112 00:06:20,147 --> 00:06:22,547 My family worked damn hard 113 00:06:22,549 --> 00:06:27,152 to improve the quality of life in this city, and this... 114 00:06:27,154 --> 00:06:30,555 this is how they pay us back. 115 00:06:30,557 --> 00:06:33,592 Vogel wasn't exactly a tightwad. 116 00:06:33,594 --> 00:06:36,661 Tapped into his stash every other Friday. 117 00:06:38,599 --> 00:06:40,132 $5,000 a month. 118 00:06:40,134 --> 00:06:41,867 In cash. 119 00:06:41,869 --> 00:06:45,470 Except for the last couple of weeks. 120 00:06:45,472 --> 00:06:47,406 Plenty of money left 121 00:06:47,408 --> 00:06:49,408 but no cash withdrawals. 122 00:06:49,410 --> 00:06:51,810 Well, whatever he was paying off, 123 00:06:51,812 --> 00:06:53,612 he changed his mind. 124 00:06:53,614 --> 00:06:56,148 In hock to the bank of broken legs? 125 00:06:56,150 --> 00:06:57,549 I can't see how. 126 00:06:57,551 --> 00:06:58,750 He was a monk. 127 00:06:58,752 --> 00:07:00,552 He covered the basics with his salary. 128 00:07:00,554 --> 00:07:02,821 He paid his credit cards every month like clockwork. 129 00:07:04,825 --> 00:07:06,758 Maybe he's a sports nut. 130 00:07:06,760 --> 00:07:10,429 No. Bookies collect in cash, not bodies. 131 00:07:12,900 --> 00:07:15,167 Mullen's, in Soho. 132 00:07:15,169 --> 00:07:17,769 Charges every... 133 00:07:17,771 --> 00:07:19,604 week. 134 00:07:19,606 --> 00:07:24,209 Didn't vice do a number on them a year ago? 135 00:07:26,180 --> 00:07:28,647 Your colleagues in vice probably got the wrong impression. 136 00:07:28,649 --> 00:07:31,183 People come here to feel safe, nothing more. 137 00:07:31,185 --> 00:07:32,684 Vogel was a regular? 138 00:07:32,686 --> 00:07:34,886 Who is and who isn't is nobody's business. 139 00:07:34,888 --> 00:07:38,890 Unless it's a police matter, Mr. Drotos, which this is. 140 00:07:42,196 --> 00:07:44,796 He was already halfway there anyway. 141 00:07:44,798 --> 00:07:46,531 How's that? 142 00:07:46,533 --> 00:07:50,168 James was talking about turning his life around-- 143 00:07:50,170 --> 00:07:51,903 taking the big step. 144 00:07:51,905 --> 00:07:53,572 The big step? 145 00:07:53,574 --> 00:07:55,841 Coming out of the closet. 146 00:07:55,843 --> 00:07:58,844 He was wondering how well he would handle it. 147 00:07:58,846 --> 00:08:01,146 He worried about family, career. 148 00:08:01,148 --> 00:08:03,482 He never expected to lose his life. 149 00:08:03,484 --> 00:08:07,185 What are you saying, that this is gay bashing? In the past year-- 150 00:08:07,187 --> 00:08:10,489 just the ones that were reported-- 30, 40 beatings. 151 00:08:10,491 --> 00:08:13,758 Staying in the closet isn't a matter of conceit. 152 00:08:13,760 --> 00:08:16,728 Sometimes it's a matter of life and death. 153 00:08:16,730 --> 00:08:18,864 been thinking You said he had 154 00:08:18,866 --> 00:08:20,599 about coming out 155 00:08:20,601 --> 00:08:23,168 but he hadn't actually done so yet. 156 00:08:23,170 --> 00:08:26,838 Someone was going to do it for him. 157 00:08:28,842 --> 00:08:30,709 Outing's a specialty. 158 00:08:30,711 --> 00:08:33,612 James got a call from them last week. 159 00:08:33,614 --> 00:08:36,181 They were preparing an article. 160 00:08:36,183 --> 00:08:37,883 MAN: I'm sorry 161 00:08:37,885 --> 00:08:40,185 about what happened to James Vogel. 162 00:08:40,187 --> 00:08:42,587 I'm even sorrier he didn't come out 163 00:08:42,589 --> 00:08:43,955 while he was still alive. 164 00:08:43,957 --> 00:08:46,758 Or stick around to watch you do it for him? 165 00:08:46,760 --> 00:08:49,528 Outing is an act of self-defense, Detective. We're at war. 166 00:08:49,530 --> 00:08:52,297 The more of us that come out, the stronger we are. 167 00:08:52,299 --> 00:08:54,900 Well, who are you at war with? 168 00:08:54,902 --> 00:08:57,002 Vogel could have been a role model. 169 00:08:57,004 --> 00:08:58,737 Shouldn't that be 170 00:08:58,739 --> 00:09:00,005 his decision? 171 00:09:00,007 --> 00:09:02,574 I didn't target the man, but when the information 172 00:09:02,576 --> 00:09:05,744 lands on my desk, I can't ignore it. Are you so sure 173 00:09:05,746 --> 00:09:06,945 the information is reliable? 174 00:09:06,947 --> 00:09:08,847 There's documentation-- 175 00:09:08,849 --> 00:09:11,016 personal letters in Vogel's hand. 176 00:09:11,018 --> 00:09:14,286 May we see those letters? If I were running a public library, maybe. 177 00:09:14,288 --> 00:09:18,290 The person who gave them to you probably blackmailed Vogel. 178 00:09:18,292 --> 00:09:21,860 Much as I'd like to believe you, the answer is still no. 179 00:09:21,862 --> 00:09:23,962 my sources. I got to protect 180 00:09:23,964 --> 00:09:25,263 Then we get 181 00:09:25,265 --> 00:09:27,032 witness warrant. a material 182 00:09:27,034 --> 00:09:30,268 And you sit in a cell until we see those letters. 183 00:09:30,270 --> 00:09:33,004 Then I'd better pack my toothbrush. 184 00:09:33,006 --> 00:09:36,841 As soon as you get your warrant, let me know. 185 00:09:41,782 --> 00:09:44,649 I met with his colleagues on occasion. 186 00:09:44,651 --> 00:09:46,685 That's about it. 187 00:09:46,687 --> 00:09:49,688 James moved out when he was 18. 188 00:09:49,690 --> 00:09:52,924 I haven't kept track of his friends 189 00:09:52,926 --> 00:09:54,659 in a long time. 190 00:09:54,661 --> 00:09:56,928 What about intimate friends? 191 00:09:56,930 --> 00:09:58,964 Did he ever talk about them? 192 00:09:58,966 --> 00:10:02,000 There was a girl or two at Columbia. 193 00:10:02,002 --> 00:10:03,735 CERRETA: Uh, Mr. Vogel, 194 00:10:03,737 --> 00:10:07,005 the more open you are, the easier this is going to be. 195 00:10:07,007 --> 00:10:08,940 What do you mean? 196 00:10:08,942 --> 00:10:10,642 We're already aware 197 00:10:10,644 --> 00:10:13,044 of your son's sexual orientation. 198 00:10:13,046 --> 00:10:15,013 Do you know how many years 199 00:10:15,015 --> 00:10:18,049 we've been subjected to rumors like that? 200 00:10:18,051 --> 00:10:21,653 Once you're in office, everyone takes shots at you. 201 00:10:21,655 --> 00:10:24,923 So you're saying that your son was not gay? 202 00:10:24,925 --> 00:10:26,658 Of course he wasn't! 203 00:10:26,660 --> 00:10:28,927 Those freaks in the West Village 204 00:10:28,929 --> 00:10:32,831 would have liked to claim James as one of their own. 205 00:10:32,833 --> 00:10:35,934 I don't know how close you were with your son, 206 00:10:35,936 --> 00:10:38,003 but our information seems reliable. 207 00:10:38,005 --> 00:10:39,904 Oh, yes, I'm sure. 208 00:10:39,906 --> 00:10:41,973 Reliable political sources. 209 00:10:41,975 --> 00:10:45,710 We also suspect that your son was being blackmailed. 210 00:10:45,712 --> 00:10:47,012 The $50,000. 211 00:10:47,014 --> 00:10:48,980 What about it? 212 00:10:48,982 --> 00:10:52,083 It's hard to believe you gave him that without questions. 213 00:10:52,085 --> 00:10:53,852 I told you I trusted him. 214 00:10:53,854 --> 00:10:56,054 But weren't you concerned? 215 00:10:56,056 --> 00:10:59,124 VOGEL: I assumed he had some problem to take care of. 216 00:10:59,126 --> 00:11:01,960 CERRETA: You didn't ask any specifics? 217 00:11:01,962 --> 00:11:04,095 VOGEL: He was 41 years old. 218 00:11:04,097 --> 00:11:06,431 I respected his privacy. 219 00:11:06,433 --> 00:11:09,934 Or maybe you just didn't want to know. 220 00:11:09,936 --> 00:11:14,439 Your son ever mention anybody named Harold? 221 00:11:16,076 --> 00:11:17,776 No. 222 00:11:17,778 --> 00:11:20,378 Addressed "James V.," Signed "Harold." 223 00:11:20,380 --> 00:11:22,914 Letters dating back a year and a half. 224 00:11:22,916 --> 00:11:25,316 It's definitely not business. 225 00:11:25,318 --> 00:11:27,786 Look at the return P.O. box Ossining. 226 00:11:27,788 --> 00:11:29,320 State penitentiary. 227 00:11:29,322 --> 00:11:32,691 Your son's pen pal is a long-term resident. 228 00:11:37,230 --> 00:11:39,197 Harold Dwyer: served six years in Ossining 229 00:11:39,199 --> 00:11:41,266 for grand larceny and assault. 230 00:11:41,268 --> 00:11:42,834 Released two weeks ago. 231 00:11:42,836 --> 00:11:44,869 Hobbies include mail fraud, forgery, 232 00:11:44,871 --> 00:11:46,337 receiving of stolen goods. 233 00:11:46,339 --> 00:11:49,074 In 1983 Dwyer impersonated a police officer 234 00:11:49,076 --> 00:11:51,876 and stole two Porsches out of the impound. 235 00:11:51,878 --> 00:11:54,312 Plenty of moxie. 236 00:11:54,314 --> 00:11:57,182 Basic requirements for blackmail and murder. 237 00:11:57,184 --> 00:12:00,018 Anything in the letters he wrote to Vogel? 238 00:12:00,020 --> 00:12:02,153 Nothing he'd lose sleep over. 239 00:12:02,155 --> 00:12:05,156 Sounded like one of Vogel's rehab projects. 240 00:12:05,158 --> 00:12:06,891 Do you think Mr. Dwyer 241 00:12:06,893 --> 00:12:09,360 would think of himself as a project? 242 00:12:11,031 --> 00:12:13,898 Nickel and change is a long stretch. 243 00:12:13,900 --> 00:12:19,037 Checkers and Oprah only eat up so much of it. 244 00:12:19,039 --> 00:12:21,306 You look for things to do. 245 00:12:21,308 --> 00:12:22,974 Like pen pals? 246 00:12:22,976 --> 00:12:25,043 Like pen pals. 247 00:12:25,045 --> 00:12:26,344 How did you meet Vogel? 248 00:12:26,346 --> 00:12:29,347 I put a personal in The Advocate. 249 00:12:29,349 --> 00:12:31,349 He sent me a letter. 250 00:12:31,351 --> 00:12:34,219 We started a little... correspondence. 251 00:12:34,221 --> 00:12:36,354 Mm-hmm. Casual correspondence? 252 00:12:36,356 --> 00:12:37,388 Conversation. 253 00:12:37,390 --> 00:12:39,324 Like guys sitting at a bar. 254 00:12:39,326 --> 00:12:41,092 We got the idea 255 00:12:41,094 --> 00:12:44,062 you talked about more than the latest scores. 256 00:12:44,064 --> 00:12:47,198 So? It went a little deeper than that. 257 00:12:47,200 --> 00:12:51,236 Whose idea was it to take it in that direction, yours? 258 00:12:51,238 --> 00:12:52,837 A man gets lonely. 259 00:12:52,839 --> 00:12:55,940 You got a problem with that? 260 00:12:55,942 --> 00:12:58,076 I got a problem when he's greedy. 261 00:12:58,078 --> 00:13:00,211 What are you talking about? 262 00:13:00,213 --> 00:13:02,113 Vogel's money buys your silence. 263 00:13:02,115 --> 00:13:03,248 Come on. 264 00:13:03,250 --> 00:13:06,317 I didn't even know his last name. 265 00:13:06,319 --> 00:13:08,153 You knew his mailing address. 266 00:13:08,155 --> 00:13:09,988 You knew he was vulnerable. 267 00:13:09,990 --> 00:13:12,924 A smart guy like you can figure that out. 268 00:13:12,926 --> 00:13:15,360 So smart that I'm taking his shakedown money 269 00:13:15,362 --> 00:13:18,096 and living in a dump like this. 270 00:13:18,098 --> 00:13:21,199 The guy said he'd help me get on my feet. 271 00:13:21,201 --> 00:13:26,271 I look stupid enough to blackmail him? 272 00:13:26,273 --> 00:13:28,973 Truth or dare-- you ever play as a kid? 273 00:13:28,975 --> 00:13:32,477 Stakes go up until someone opens their mouth and steps in. 274 00:13:32,479 --> 00:13:35,346 The adult version starts with a personal ad. 275 00:13:35,348 --> 00:13:38,349 Vogel bites, Dwyer plays him till the prose turns purple. 276 00:13:38,351 --> 00:13:40,151 And the trap slams shut. 277 00:13:40,153 --> 00:13:43,021 You think Vogel's the only one who got caught? 278 00:13:43,023 --> 00:13:48,126 Prisons keep records of their prisoners' correspondence. 279 00:13:48,128 --> 00:13:51,196 Aside from his family and legal representation, 280 00:13:51,198 --> 00:13:53,198 Harold Dwyer maintained a correspondence 281 00:13:53,200 --> 00:13:54,499 with several other people. 282 00:13:54,501 --> 00:13:57,202 Did you inspect his incoming mail? 283 00:13:57,204 --> 00:13:59,137 Only for contraband. 284 00:13:59,139 --> 00:14:01,206 What about outgoing letters? 285 00:14:01,208 --> 00:14:02,407 Were the contents examined? 286 00:14:02,409 --> 00:14:04,375 You mean read? 287 00:14:04,377 --> 00:14:08,279 Prisoners submit outgoing mail to us unsealed for inspection. 288 00:14:08,281 --> 00:14:10,415 We don't read every word they write. 289 00:14:10,417 --> 00:14:13,284 But you would record the people he wrote to. 290 00:14:13,286 --> 00:14:15,286 As a matter of routine, 291 00:14:15,288 --> 00:14:17,388 along with his visitors, phone calls. 292 00:14:17,390 --> 00:14:20,158 We'll take copies of everything you have. 293 00:14:20,160 --> 00:14:22,427 Harold Dwyer was a model prisoner. 294 00:14:22,429 --> 00:14:25,964 Even taught some high school equivalency classes. 295 00:14:25,966 --> 00:14:28,466 Didn't expect him to get in trouble so soon. 296 00:14:28,468 --> 00:14:30,235 Geez, what a shock. 297 00:14:30,237 --> 00:14:36,040 Six correspondents, all male, all in the New York City area. 298 00:14:36,042 --> 00:14:38,243 I saw his personal in The Advocate. 299 00:14:38,245 --> 00:14:40,245 I felt sorry for him. 300 00:14:40,247 --> 00:14:42,347 Every con has a sob story. 301 00:14:42,349 --> 00:14:44,115 I was curious. 302 00:14:44,117 --> 00:14:46,117 Dwyer's letters were very clever, 303 00:14:46,119 --> 00:14:48,553 not what I expected from someone in jail. 304 00:14:48,555 --> 00:14:51,155 CERRETA: Being clever got him there. 305 00:14:51,157 --> 00:14:54,192 I told myself at least he's not a murderer. 306 00:14:54,194 --> 00:14:56,194 So you wrote. 307 00:14:56,196 --> 00:14:59,464 And he started sending me these raunchy letters-- 308 00:14:59,466 --> 00:15:01,232 wanted me to respond. 309 00:15:01,234 --> 00:15:03,001 I wasn't into it. 310 00:15:03,003 --> 00:15:04,335 I stopped writing. 311 00:15:04,337 --> 00:15:06,170 That it? 312 00:15:06,172 --> 00:15:09,073 A few weeks later I get a call at home. 313 00:15:09,075 --> 00:15:10,041 No name. 314 00:15:10,043 --> 00:15:11,442 Said he was Dwyer's friend. 315 00:15:11,444 --> 00:15:14,078 I thought it might be him, but... 316 00:15:14,080 --> 00:15:15,313 Was the call collect? 317 00:15:15,315 --> 00:15:17,248 I don't... does it matter? 318 00:15:17,250 --> 00:15:18,516 Inmates can only call collect. 319 00:15:18,518 --> 00:15:19,517 No. 320 00:15:19,519 --> 00:15:21,386 I'm pretty sure it wasn't. 321 00:15:21,388 --> 00:15:23,254 What else did he say? 322 00:15:23,256 --> 00:15:25,023 He told me 323 00:15:25,025 --> 00:15:28,293 that he had the letters that I wrote to Dwyer. 324 00:15:28,295 --> 00:15:30,228 Did he threaten you? 325 00:15:30,230 --> 00:15:31,396 Not directly. 326 00:15:31,398 --> 00:15:33,164 He was slick-- 327 00:15:33,166 --> 00:15:35,099 slick and kind of pushy. 328 00:15:35,101 --> 00:15:37,268 He wanted money-- $5,000 a month. 329 00:15:37,270 --> 00:15:40,004 He said he'd have a courier pick it up. 330 00:15:40,006 --> 00:15:41,372 You agreed to pay him? 331 00:15:41,374 --> 00:15:42,473 Oh, please. 332 00:15:42,475 --> 00:15:44,475 I told him to get lost. 333 00:15:44,477 --> 00:15:46,611 Even though he had your letters? 334 00:15:46,613 --> 00:15:48,246 Hey, I'm gay. 335 00:15:48,248 --> 00:15:51,449 If he wants to broadcast it, what do I care? 336 00:15:51,451 --> 00:15:53,217 This will only take 337 00:15:53,219 --> 00:15:56,321 a couple of minutes of your time... 338 00:15:56,323 --> 00:15:58,222 Thank you. 339 00:15:58,224 --> 00:16:01,259 Yes, sir, I do appreciate your situation. 340 00:16:01,261 --> 00:16:03,594 If you could help me, I... Hello? 341 00:16:05,332 --> 00:16:07,665 Mr. Harris makes oh-for-six. 342 00:16:07,667 --> 00:16:10,034 Three of these guys are married. 343 00:16:10,036 --> 00:16:11,235 You got to love blackmail. 344 00:16:11,237 --> 00:16:13,404 No one points the finger at you 345 00:16:13,406 --> 00:16:16,507 for the same reason they're paying you off. 346 00:16:16,509 --> 00:16:18,276 Maybe we can get the blackmailers 347 00:16:18,278 --> 00:16:20,511 to point the finger at each other. 348 00:16:20,513 --> 00:16:23,147 Dwyer had somebody on the outside helping him. 349 00:16:23,149 --> 00:16:26,417 Would have had to talk to him before he got out. 350 00:16:26,419 --> 00:16:29,220 Do you want to do phones or visitors? 351 00:16:29,222 --> 00:16:31,706 Phones. 352 00:16:31,707 --> 00:16:34,191 Can't say Dwyer didn't make an effort. 353 00:16:34,194 --> 00:16:38,162 Called his wife in Binghampton every Sunday night. 354 00:16:38,164 --> 00:16:40,431 Twice a month he had visits from a Lisa Torres. 355 00:16:40,433 --> 00:16:44,335 Even money on which one got the flowers on Valentine's. 356 00:16:48,208 --> 00:16:50,274 Don't rule out his lawyer. 357 00:16:50,276 --> 00:16:52,410 Dwyer saw him once a week. 358 00:16:52,412 --> 00:16:54,178 He was already convicted. 359 00:16:54,180 --> 00:16:56,514 And isn't six years late for appeals? 360 00:16:56,516 --> 00:16:58,583 So why all the traffic? 361 00:16:58,585 --> 00:17:00,251 The architect said 362 00:17:00,253 --> 00:17:02,587 the guy on the phone was slick and pushy. 363 00:17:02,589 --> 00:17:05,523 A lawyer, slick and pushy? 364 00:17:07,260 --> 00:17:10,395 Mr. Dwyer has legal problems dating back 15 years. 365 00:17:10,397 --> 00:17:12,263 It keeps me very busy. 366 00:17:12,265 --> 00:17:15,099 Ossining is a good hour and a half away. 367 00:17:15,101 --> 00:17:17,101 You never used the telephone? 368 00:17:17,103 --> 00:17:20,204 What, are you worried i'm overcharging him? 369 00:17:20,206 --> 00:17:22,206 You ever talk to a Jay Lingard? 370 00:17:22,208 --> 00:17:23,608 I never heard of him. 371 00:17:23,610 --> 00:17:25,209 He's an architect-- 372 00:17:25,211 --> 00:17:27,745 one of Dwyer's pen pals while he was in prison. 373 00:17:27,747 --> 00:17:29,747 I don't get the connection. 374 00:17:29,749 --> 00:17:31,349 What about James Vogel? 375 00:17:31,351 --> 00:17:33,217 I'm sure you've heard of him. 376 00:17:33,219 --> 00:17:36,187 Vogel. You mean the councilman who was mugged. 377 00:17:36,189 --> 00:17:38,222 So someone would like us 378 00:17:38,224 --> 00:17:39,290 to believe. 379 00:17:39,292 --> 00:17:40,358 And you think 380 00:17:40,360 --> 00:17:42,226 my client's somehow involved? 381 00:17:42,228 --> 00:17:44,228 He exchanged letters with Mr. Vogel. 382 00:17:44,230 --> 00:17:46,230 What a coincidence. 383 00:17:46,232 --> 00:17:48,633 I'm sure Mr. Vogel wrote his congressman. 384 00:17:48,635 --> 00:17:50,234 Is he a suspect? 385 00:17:50,236 --> 00:17:53,237 If there were indications of blackmail, mm-hmm. 386 00:17:53,239 --> 00:17:55,640 Dwyer did all this when, in prison? 387 00:17:55,642 --> 00:17:58,242 He's been out less than two weeks. 388 00:17:58,244 --> 00:18:01,312 We think he had an accomplice on the outside. 389 00:18:02,482 --> 00:18:04,148 Clever, boys. 390 00:18:04,150 --> 00:18:07,151 You want to play "I got a secret," 391 00:18:07,153 --> 00:18:09,187 you play with my lawyer. 392 00:18:09,189 --> 00:18:10,388 Name's Bowman. 393 00:18:10,390 --> 00:18:12,490 She's in the phone book. 394 00:18:12,492 --> 00:18:15,393 Vogel was paying out five grand a month, 395 00:18:15,395 --> 00:18:16,794 then one day he stops. 396 00:18:16,796 --> 00:18:18,262 He wants out. 397 00:18:18,264 --> 00:18:19,664 He starts making noise. 398 00:18:19,666 --> 00:18:22,266 Dwyer and Colson look to shut him up. 399 00:18:22,268 --> 00:18:25,269 So they send the letters to the magazine 400 00:18:25,271 --> 00:18:27,405 and word gets out about Vogel. 401 00:18:27,407 --> 00:18:29,407 The hit looks like a gay bash. 402 00:18:29,409 --> 00:18:31,642 Only we can't connect Colson to Vogel. 403 00:18:31,644 --> 00:18:34,378 We could check his LUD's, but I don't think 404 00:18:34,380 --> 00:18:37,281 he'd call somebody from his office that he's blackmailing. 405 00:18:37,283 --> 00:18:40,184 What are you looking at? Mailroom. 406 00:18:40,186 --> 00:18:42,186 Lingard mentioned a courier. 407 00:18:42,188 --> 00:18:43,588 I know the routine. 408 00:18:43,590 --> 00:18:46,224 I blab to you, Mr. Colson finds out, 409 00:18:46,226 --> 00:18:47,792 then what, i work for you? 410 00:18:47,794 --> 00:18:50,361 You can shoot a gun, you got a job. 411 00:18:50,363 --> 00:18:54,232 Yeah? You know where I'd point it first? 412 00:18:54,234 --> 00:18:57,635 We play by the book, I got to get a subpoena 413 00:18:57,637 --> 00:18:59,770 you spend a day in the precinct. 414 00:18:59,772 --> 00:19:01,506 Like I'd mind. 415 00:19:01,508 --> 00:19:03,808 You'd lose a day's pay. 416 00:19:03,810 --> 00:19:09,547 Nice. This how you get dates, too? 417 00:19:09,549 --> 00:19:12,283 Mr. Colson has a regular service. 418 00:19:12,285 --> 00:19:14,318 Comes by once a week. 419 00:19:14,320 --> 00:19:16,320 Bringing what? 420 00:19:16,322 --> 00:19:17,822 Packages. 421 00:19:17,824 --> 00:19:20,691 What do you think, they're transparent? 422 00:19:20,693 --> 00:19:22,426 They go up to his office. 423 00:19:22,428 --> 00:19:24,428 He signs for them. 424 00:19:24,430 --> 00:19:27,865 What's the name of the service? 425 00:19:27,867 --> 00:19:31,702 Yeah, sure, he has an account here. 426 00:19:31,704 --> 00:19:36,874 Uh, three or four pickups every other Friday or so. 427 00:19:36,876 --> 00:19:39,410 Pickups from where? 428 00:19:39,412 --> 00:19:40,478 It depends. 429 00:19:40,480 --> 00:19:42,313 Upper Manhattan, Brooklyn, Jersey. 430 00:19:42,315 --> 00:19:44,849 What about a James Vogel in Park Slope? 431 00:19:44,851 --> 00:19:46,450 Is this guy Colson 432 00:19:46,452 --> 00:19:49,453 in some kind of trouble? 433 00:19:49,455 --> 00:19:51,455 Do you really care? 434 00:19:51,457 --> 00:19:52,823 He tips. 435 00:19:52,825 --> 00:19:54,559 Most don't. 436 00:19:54,561 --> 00:19:55,793 Here. 437 00:19:55,795 --> 00:19:58,696 No name on the pickup order. 438 00:19:58,698 --> 00:20:00,865 But we did do Park Slope 439 00:20:00,867 --> 00:20:03,634 every other week until last month. 440 00:20:03,636 --> 00:20:05,870 The next time you get 441 00:20:05,872 --> 00:20:07,805 a pickup order from Colson, you call us, 442 00:20:07,807 --> 00:20:11,342 but that's before you deliver the package. 443 00:20:11,344 --> 00:20:12,743 Find some other way. 444 00:20:12,745 --> 00:20:14,345 I got a schedule here. 445 00:20:14,347 --> 00:20:15,613 Come on, sweetheart, 446 00:20:15,615 --> 00:20:17,882 you're too busy to make one call? 447 00:20:17,884 --> 00:20:19,550 Maybe we need a warrant 448 00:20:19,552 --> 00:20:21,552 on every package that comes through. 449 00:20:21,554 --> 00:20:23,454 This isn't right. 450 00:20:23,456 --> 00:20:25,456 I've cooperated plenty already. 451 00:20:25,458 --> 00:20:26,591 Yeah, okay. 452 00:20:26,593 --> 00:20:29,327 Then one more time won't kill you. 453 00:20:31,364 --> 00:20:34,732 The official line is, Councilman Vogel 454 00:20:34,734 --> 00:20:37,301 was the unfortunate victim of a street mugging. 455 00:20:37,303 --> 00:20:39,770 Anything else is speculation we have no comment on. 456 00:20:39,772 --> 00:20:41,906 this story's If we make an arrest, 457 00:20:41,908 --> 00:20:43,474 gonna come out. 458 00:20:43,476 --> 00:20:45,643 Long as it doesn't come from us. 459 00:20:45,645 --> 00:20:48,546 What are we hiding, the fact that he was gay? 460 00:20:48,548 --> 00:20:50,881 This comes from division? 461 00:20:50,883 --> 00:20:52,850 Right from the top. 462 00:20:52,852 --> 00:20:55,686 So Edward Vogel pays a visit to the chief... 463 00:20:55,688 --> 00:20:58,823 One five-minute phone call. 464 00:20:58,825 --> 00:21:01,692 He's doing his son a favor by being ashamed? 465 00:21:01,694 --> 00:21:04,795 How close are we on this? 466 00:21:04,797 --> 00:21:06,764 We get a hit on this delivery... 467 00:21:06,766 --> 00:21:10,434 The courier has a delivery for Colson from Kew Gardens. 468 00:21:10,436 --> 00:21:12,536 to a certain Dwyer was writing 469 00:21:12,538 --> 00:21:14,639 George Harris over there. 470 00:21:14,640 --> 00:21:16,741 We're waiting for a call on the delivery time. 471 00:21:16,743 --> 00:21:18,342 We checked Dwyer's alibi. 472 00:21:18,344 --> 00:21:20,978 He says he got tanked in some dive on Mulberry. 473 00:21:20,980 --> 00:21:22,780 Barkeep remembers him stumbling out 474 00:21:22,782 --> 00:21:25,683 half past midnight, but not when he came in. 475 00:21:25,685 --> 00:21:26,917 ( phone rings ) 476 00:21:26,919 --> 00:21:28,819 What? 477 00:21:28,821 --> 00:21:30,521 Yeah. 478 00:21:31,491 --> 00:21:33,858 Cerreta. 479 00:21:33,860 --> 00:21:36,127 Okay. Thanks. 480 00:21:36,128 --> 00:21:38,395 Courier service will be at Colson's in 20 minutes. 481 00:21:38,398 --> 00:21:40,665 Get going. I'll cover the warrant for you. 482 00:21:51,511 --> 00:21:54,478 Mr. Colson, did you just receive a package 483 00:21:54,480 --> 00:21:55,913 from BandC Couriers? 484 00:21:55,915 --> 00:21:57,982 What is this all about? 485 00:21:57,984 --> 00:21:59,684 Is that it there? 486 00:21:59,686 --> 00:22:00,885 The warrant first. 487 00:22:00,887 --> 00:22:02,420 It's on its way. 488 00:22:02,422 --> 00:22:04,488 Do you want to wait, 489 00:22:04,490 --> 00:22:08,592 or do you want to open it yourself? 490 00:22:17,503 --> 00:22:20,971 Would you please accompany us to the precinct? 491 00:22:24,344 --> 00:22:26,344 I asked my client about a delinquent bill. 492 00:22:26,346 --> 00:22:27,511 He says send a messenger. 493 00:22:27,513 --> 00:22:29,513 I had no idea... There's nothing illegal 494 00:22:29,515 --> 00:22:31,482 about getting paid in cash, Detective. 495 00:22:31,484 --> 00:22:33,617 That depends on the source, Counselor. 496 00:22:33,619 --> 00:22:37,355 We'd like to help you with this investigation, but any communication 497 00:22:37,357 --> 00:22:38,789 between attorney and client, 498 00:22:38,791 --> 00:22:41,525 including payment practices, are confidential. 499 00:22:41,527 --> 00:22:45,062 James Vogel-- did he pay you in cash, too? 500 00:22:45,064 --> 00:22:47,031 BOWMAN: Sorry-- 501 00:22:47,033 --> 00:22:48,966 privileged. 502 00:22:48,968 --> 00:22:51,402 Only if payments were for legal fees. 503 00:22:51,404 --> 00:22:53,604 Why the hell else would he pay me? 504 00:22:53,606 --> 00:22:55,973 Blackmail comes to mind. 505 00:22:55,975 --> 00:22:59,410 You obviously don't have enough evidence to arrest me, 506 00:22:59,412 --> 00:23:03,581 which means you don't have enough to insult me either. 507 00:23:04,917 --> 00:23:06,083 Carla. 508 00:23:16,863 --> 00:23:18,462 He's right, you know. 509 00:23:18,464 --> 00:23:20,431 We can't tie him to anything. 510 00:23:20,433 --> 00:23:21,532 Ditto on Dwyer. 511 00:23:21,534 --> 00:23:23,100 Somebody gave Vogel's letters 512 00:23:23,102 --> 00:23:24,969 to Out Word magazine. 513 00:23:24,971 --> 00:23:27,405 That's fair to cloudy. 514 00:23:27,406 --> 00:23:29,840 The editor's on a high horse called the First Amendment. 515 00:23:29,842 --> 00:23:31,075 His mouth is shut. 516 00:23:31,077 --> 00:23:33,411 25 years might convince him to reconsider. 517 00:23:33,413 --> 00:23:35,446 You think he's involved in the murder? 518 00:23:35,448 --> 00:23:39,183 No. But he doesn't know that. 519 00:23:39,185 --> 00:23:41,185 STONE: We're not asking you 520 00:23:41,187 --> 00:23:43,421 not to publish, Mr. Barclay-- 521 00:23:43,423 --> 00:23:45,423 just the sources of your material. 522 00:23:45,425 --> 00:23:46,957 I don't see the difference. 523 00:23:46,959 --> 00:23:49,427 No protection of sources equals no free press. 524 00:23:49,429 --> 00:23:52,863 The Supreme Court... ROBINETTE: Has never said that. 525 00:23:52,865 --> 00:23:54,432 STONE: And I doubt 526 00:23:54,434 --> 00:23:57,134 if the present court ever will. 527 00:23:57,136 --> 00:23:59,103 I'm not merely asserting my rights. 528 00:23:59,105 --> 00:24:01,572 Freedom of the press is the public's right. 529 00:24:01,574 --> 00:24:04,475 If sources were fair game, Anita Hill would still be 530 00:24:04,477 --> 00:24:06,510 some unknown professor in Oklahoma. 531 00:24:06,512 --> 00:24:08,879 You're looking at jail time, Mr. Barclay. 532 00:24:08,881 --> 00:24:10,181 For contempt-- fine. 533 00:24:10,183 --> 00:24:11,715 I'll make that sacrifice. 534 00:24:11,717 --> 00:24:13,617 STONE: Not for contempt, sir. 535 00:24:13,619 --> 00:24:16,487 For conspiracy to commit blackmail and murder. 536 00:24:16,489 --> 00:24:18,889 ( chuckles ): You have got to be kidding! 537 00:24:18,891 --> 00:24:19,890 I'm sorry, sir. 538 00:24:19,892 --> 00:24:21,892 I lost my sense of humor 539 00:24:21,894 --> 00:24:25,162 when I saw the photographs of James Vogel. 540 00:24:25,164 --> 00:24:27,198 I had nothing to do with that. 541 00:24:27,200 --> 00:24:28,732 ROBINETTE: Letters you had 542 00:24:28,734 --> 00:24:31,001 were used to blackmail Mr. Vogel. 543 00:24:31,003 --> 00:24:33,104 STONE: At a minimum, 544 00:24:33,105 --> 00:24:35,206 you're withholding evidence to a murder investigation. 545 00:24:35,208 --> 00:24:37,942 At maximum, you're part of the conspiracy. 546 00:24:37,944 --> 00:24:40,244 Principles go a long way, Mr. Barclay, 547 00:24:40,246 --> 00:24:44,048 but if I were you, I'd ask myself, are they worth 548 00:24:44,050 --> 00:24:46,550 25 years in prison? 549 00:24:56,162 --> 00:25:01,165 The letters showed up on my desk, anonymously. 550 00:25:01,167 --> 00:25:02,967 And you didn't verify them? 551 00:25:02,969 --> 00:25:05,035 I'm not about to get sued. 552 00:25:05,037 --> 00:25:07,204 Experts compared Vogel's handwriting. 553 00:25:07,206 --> 00:25:08,506 I want them. 554 00:25:08,508 --> 00:25:09,640 Do I have a choice? 555 00:25:09,642 --> 00:25:12,109 If you want to avoid an indictment, 556 00:25:12,111 --> 00:25:13,177 no, you don't. 557 00:25:13,179 --> 00:25:14,645 SCHIFF: How bad? 558 00:25:14,647 --> 00:25:17,581 Bad enough to not want them published. 559 00:25:17,583 --> 00:25:19,049 All written by Vogel? 560 00:25:19,051 --> 00:25:21,285 ROBINETTE: Mailed to Dwyer in Ossining. 561 00:25:21,287 --> 00:25:24,555 Dwyer's the point man, he gave the letters to Colson 562 00:25:24,557 --> 00:25:26,557 who then handled the blackmail. 563 00:25:26,559 --> 00:25:28,125 What about the murder? 564 00:25:28,127 --> 00:25:30,661 Maybe Vogel got tired of paying him, 565 00:25:30,663 --> 00:25:32,596 threatened to turn him in. 566 00:25:32,598 --> 00:25:33,797 Blackmail is thin. 567 00:25:33,799 --> 00:25:34,798 Murder... 568 00:25:34,800 --> 00:25:36,267 The letters to Dwyer. 569 00:25:36,269 --> 00:25:38,302 Cash payments to Dwyer's attorney. 570 00:25:38,304 --> 00:25:41,772 Still, unless one of the people making those payments talks, 571 00:25:41,774 --> 00:25:43,774 it all adds up to nothing. 572 00:25:43,776 --> 00:25:45,242 His father, Ed Vogel, 573 00:25:45,244 --> 00:25:47,311 was the first one who asked 574 00:25:47,313 --> 00:25:49,213 that I run for this office. 575 00:25:49,215 --> 00:25:52,683 There was a time when a nod from him carried weight. 576 00:25:52,685 --> 00:25:54,285 Get someone to testify. 577 00:26:00,560 --> 00:26:03,060 HARRIS: I already told the police 578 00:26:03,062 --> 00:26:05,095 I paid a legal bill in cash. 579 00:26:05,097 --> 00:26:06,230 What's the big deal? 580 00:26:06,232 --> 00:26:09,567 STONE: No big deal if it were just once. 581 00:26:09,569 --> 00:26:12,202 The courier says you send packages 582 00:26:12,204 --> 00:26:14,104 to Mr. Colson every other week. 583 00:26:14,106 --> 00:26:17,641 Uh, we spoke to Harold Dwyer, Mr. Harris. 584 00:26:27,587 --> 00:26:32,089 I was in pro ball close to 11 years-- 585 00:26:32,091 --> 00:26:36,060 nine of them in the bigs. 586 00:26:36,062 --> 00:26:39,697 This company hired me for a reason. 587 00:26:39,699 --> 00:26:41,365 They bought an image. 588 00:26:43,603 --> 00:26:45,336 See... 589 00:26:47,206 --> 00:26:50,674 I was not a Bobby Bonilla, Mr. Stone. 590 00:26:50,676 --> 00:26:53,711 I need this job. 591 00:26:53,713 --> 00:26:56,280 STONE: You paid Mr. Dwyer 592 00:26:56,282 --> 00:26:58,882 and Mr. Colson to keep your secret? 593 00:26:58,884 --> 00:27:02,620 I paid them to keep my life. 594 00:27:02,622 --> 00:27:05,155 I have two sons. 595 00:27:05,157 --> 00:27:07,291 Every year they come with me 596 00:27:07,293 --> 00:27:10,828 to the Cubs Alumni Day. 597 00:27:10,830 --> 00:27:12,329 How much you pay them? 598 00:27:14,233 --> 00:27:17,301 It was supposed to stop at $50,000. 599 00:27:17,303 --> 00:27:19,303 Colson came back for more? 600 00:27:19,305 --> 00:27:21,338 Colson I never heard of. 601 00:27:21,340 --> 00:27:24,241 It was just a voice on the phone. 602 00:27:24,243 --> 00:27:27,177 Said that it would cost me another 25. 603 00:27:27,179 --> 00:27:30,648 Would you recognize that voice? 604 00:27:30,650 --> 00:27:32,316 Well, there's no need. 605 00:27:32,318 --> 00:27:35,285 I... I, uh, taped the call, you know, 606 00:27:35,287 --> 00:27:38,255 just in case anything happened. 607 00:27:39,792 --> 00:27:43,761 There's no way I'm going to say any of this in public. 608 00:27:43,763 --> 00:27:46,263 We can subpoena you, sir. 609 00:27:46,265 --> 00:27:50,734 I'd rather go to jail, Mr. Stone. 610 00:27:54,774 --> 00:27:57,207 STONE: Your son was not the only victim 611 00:27:57,209 --> 00:27:58,809 of this blackmail scheme, Mr. Vogel. 612 00:27:58,811 --> 00:28:00,210 We've located one other. 613 00:28:00,212 --> 00:28:03,113 And he'll testify? 614 00:28:03,115 --> 00:28:05,249 He's paid Colson a lot of money. 615 00:28:05,251 --> 00:28:06,350 He doesn't plan 616 00:28:06,352 --> 00:28:07,818 on going public now. 617 00:28:07,820 --> 00:28:09,987 In other words, 618 00:28:09,988 --> 00:28:12,155 without this witness, you can't go to trial. 619 00:28:12,158 --> 00:28:14,258 I'm sorry. 620 00:28:16,362 --> 00:28:19,830 What if we close the courtroom, no press, no cameras? 621 00:28:19,832 --> 00:28:22,433 Assure him his identity will remain a secret? 622 00:28:22,435 --> 00:28:24,201 Can you get a judge 623 00:28:24,203 --> 00:28:25,803 to agree to that? 624 00:28:25,805 --> 00:28:27,938 Well, typically, no, but this witness was 625 00:28:27,940 --> 00:28:30,207 a part of the same blackmail scheme, 626 00:28:30,209 --> 00:28:32,242 and given what happened to your son... 627 00:28:32,244 --> 00:28:34,812 We can certainly argue his life's in danger. 628 00:28:34,814 --> 00:28:36,246 Have Colson and Dwyer arrested. 629 00:28:36,248 --> 00:28:39,817 Let's hope we draw a sympathetic judge. 630 00:28:39,819 --> 00:28:42,252 Docket number 59422. 631 00:28:42,254 --> 00:28:44,188 People v. Peter Colson and Harold Dwyer. 632 00:28:44,190 --> 00:28:46,356 One count each-- murder in the second degree. 633 00:28:46,358 --> 00:28:49,493 One count each-- grand larceny in the second degree. 634 00:28:53,733 --> 00:28:55,432 Parties ready to plead? 635 00:28:55,434 --> 00:28:57,801 Not guilty, Your Honor. 636 00:28:57,803 --> 00:28:58,969 Not guilty. 637 00:28:58,971 --> 00:29:01,505 Mr. Robinette? Recommendation on bail, 638 00:29:01,507 --> 00:29:03,307 $500,000 on each. 639 00:29:03,309 --> 00:29:05,175 It's excessive, Your Honor. 640 00:29:05,177 --> 00:29:06,877 In this economy, Your Honor, 641 00:29:06,879 --> 00:29:09,780 the state might as well ask for a million. 642 00:29:09,782 --> 00:29:11,982 We can't raise that kind of cash. 643 00:29:11,984 --> 00:29:13,817 This is America, Counselor. 644 00:29:13,819 --> 00:29:14,885 Borrow. 645 00:29:14,887 --> 00:29:17,855 Bail is set at $300,000 each. 646 00:29:20,760 --> 00:29:21,892 Tomorrow at 2:30. 647 00:29:21,894 --> 00:29:23,327 Preliminary conference. 648 00:29:23,329 --> 00:29:25,295 Judge Strelzik's chambers. 649 00:29:25,297 --> 00:29:26,363 Closed courtroom? 650 00:29:26,365 --> 00:29:28,365 You've got to be kidding, Paul. 651 00:29:28,367 --> 00:29:30,501 I just got my hair done. 652 00:29:33,305 --> 00:29:36,874 Keep the reporters out of the courtroom? 653 00:29:36,876 --> 00:29:38,308 Fine. I don't care. 654 00:29:38,310 --> 00:29:41,411 But withholding the name of a witness is absurd. 655 00:29:41,413 --> 00:29:44,014 Not when there's a risk of retaliation. 656 00:29:44,016 --> 00:29:46,283 One man is already dead, Your Honor. 657 00:29:46,285 --> 00:29:49,319 How can I prepare a proper cross-examination 658 00:29:49,321 --> 00:29:52,256 when I don't know anything about the witness? 659 00:29:52,258 --> 00:29:55,793 Tomorrow morning, 10:30, in my chambers 660 00:29:55,795 --> 00:29:59,029 I want to hear what this witness has to say. 661 00:29:59,031 --> 00:30:00,898 HARRIS: No way, Mr. Stone. 662 00:30:00,900 --> 00:30:03,467 You told me complete anonymity. 663 00:30:03,469 --> 00:30:06,303 Judge Strelzik has to know who you are. 664 00:30:06,305 --> 00:30:07,805 There's no way around that. 665 00:30:07,807 --> 00:30:10,040 The judge we're not worried about. 666 00:30:10,042 --> 00:30:11,809 It's Colson's lawyer. 667 00:30:11,811 --> 00:30:13,277 She'll be there, right? 668 00:30:13,279 --> 00:30:15,245 So what's to prevent her 669 00:30:15,247 --> 00:30:17,080 from revealing George's identity? 670 00:30:17,082 --> 00:30:19,383 STONE: With a gag order, for one. 671 00:30:19,385 --> 00:30:20,918 You'll be a John Doe. 672 00:30:20,920 --> 00:30:23,086 Do you want to go on paying 673 00:30:23,088 --> 00:30:27,090 for the rest of your life, Mr. Harris? 674 00:30:27,092 --> 00:30:30,260 I answered an ad in a magazine-- 675 00:30:30,262 --> 00:30:33,463 "Prisoner lonely, please write." 676 00:30:33,465 --> 00:30:36,300 was Mr. Dwyer? And that 677 00:30:36,302 --> 00:30:38,452 Yes. Um... 678 00:30:38,453 --> 00:30:40,603 at first, it was just a friendly correspondence 679 00:30:40,606 --> 00:30:43,073 you know, about sports and current events 680 00:30:43,075 --> 00:30:45,275 and that sort of thing. 681 00:30:45,277 --> 00:30:47,377 What happened then? 682 00:30:47,379 --> 00:30:52,282 He, um, wanted me to get... 683 00:30:52,284 --> 00:30:53,851 more graphic. 684 00:30:53,853 --> 00:30:56,353 And did you? 685 00:30:56,355 --> 00:30:59,323 Yes. He was a prisoner. 686 00:30:59,325 --> 00:31:02,059 I felt sorry for him. 687 00:31:02,061 --> 00:31:03,527 But it was all a con. 688 00:31:03,529 --> 00:31:05,596 After about a half dozen letters, 689 00:31:05,598 --> 00:31:08,465 they started asking me for money-- 690 00:31:08,467 --> 00:31:11,001 $50,000 over five months. 691 00:31:11,003 --> 00:31:13,036 And then they wanted more. 692 00:31:13,038 --> 00:31:15,472 I have it recorded on tape. 693 00:31:15,474 --> 00:31:17,374 Is this the tape? 694 00:31:17,376 --> 00:31:19,509 Yes. 695 00:31:19,511 --> 00:31:21,044 BOWMAN: Sir, 696 00:31:21,046 --> 00:31:23,413 did the persons blackmailing you 697 00:31:23,415 --> 00:31:26,383 ever threaten you with physical harm? 698 00:31:26,385 --> 00:31:27,584 No, no. 699 00:31:27,586 --> 00:31:30,053 And the person who contacted you 700 00:31:30,055 --> 00:31:32,956 for money-- did he have a name? 701 00:31:34,894 --> 00:31:37,027 He never used it. 702 00:31:37,029 --> 00:31:39,062 So you were just assuming 703 00:31:39,064 --> 00:31:40,430 it was Peter Colson. 704 00:31:40,432 --> 00:31:42,883 STONE: The only issue 705 00:31:42,884 --> 00:31:45,335 relevant to this hearing is whether the witness 706 00:31:45,337 --> 00:31:46,970 is in physical danger. 707 00:31:46,972 --> 00:31:48,639 BOWMAN: He just said he wasn't 708 00:31:48,641 --> 00:31:49,907 even threatened. 709 00:31:49,909 --> 00:31:51,408 In any case, this witness 710 00:31:51,410 --> 00:31:52,643 has given no evidence 711 00:31:52,645 --> 00:31:54,111 concerning my client. 712 00:31:54,113 --> 00:31:55,379 The voice 713 00:31:55,381 --> 00:31:58,181 on this tape is clearly identifiable. 714 00:31:58,183 --> 00:31:59,917 Fine. Let's hear it. 715 00:31:59,919 --> 00:32:01,985 That is enough to give him away, 716 00:32:01,987 --> 00:32:03,387 put him in jeopardy. 717 00:32:03,389 --> 00:32:04,988 Is his name mentioned? 718 00:32:04,990 --> 00:32:08,058 No, but your client could easily recall 719 00:32:08,060 --> 00:32:09,059 the conversation. 720 00:32:09,061 --> 00:32:10,527 For God sakes, Ben. 721 00:32:10,529 --> 00:32:13,931 Peter Colson is an upstanding member of the bar-- 722 00:32:13,933 --> 00:32:14,998 not an animal. 723 00:32:15,000 --> 00:32:16,433 Someone killed James Vogel, 724 00:32:16,435 --> 00:32:19,369 and I'm not letting it happen to another life. 725 00:32:19,371 --> 00:32:22,105 I'll listen to the tape alone. 726 00:32:24,143 --> 00:32:27,444 You'll have my decision tomorrow morning. 727 00:32:27,446 --> 00:32:28,946 Closing a courtroom-- 728 00:32:28,948 --> 00:32:31,014 congratulations-- minor miracle. 729 00:32:31,016 --> 00:32:33,050 It's hardly a burning bush. 730 00:32:33,052 --> 00:32:36,053 Colson's lawyer didn't put up much of a fight. 731 00:32:36,055 --> 00:32:37,621 I guess she didn't want 732 00:32:37,623 --> 00:32:40,490 the press feasting on his reputation. 733 00:32:40,492 --> 00:32:42,492 Lawyers get together and toss 734 00:32:42,494 --> 00:32:46,964 the First Amendment's right to free press down the toilet. 735 00:32:46,966 --> 00:32:48,632 Maybe it's the best way to protect 736 00:32:48,634 --> 00:32:50,667 the Sixth Amendment's right to a fair trial. 737 00:32:50,669 --> 00:32:53,670 With Harris on the stand, we get extortion. 738 00:32:53,672 --> 00:32:55,138 If harris takes the stand. 739 00:32:55,140 --> 00:32:57,641 This just landed on my desk. 740 00:32:57,643 --> 00:33:00,110 A writ of prohibition? 741 00:33:00,112 --> 00:33:03,113 Barclay, the editor of Out Word magazine-- 742 00:33:03,115 --> 00:33:05,482 he's challenging the closed courtroom 743 00:33:05,484 --> 00:33:07,050 on behalf of the media. 744 00:33:07,052 --> 00:33:09,486 How much con law do you remember? 745 00:33:09,488 --> 00:33:10,554 Not enough. 746 00:33:10,556 --> 00:33:12,990 A 50-page brief written in support 747 00:33:12,992 --> 00:33:15,225 by Helen Murphy, Esquire. 748 00:33:15,227 --> 00:33:17,527 The First Lady of First Amendment law? 749 00:33:17,529 --> 00:33:21,164 Barclay's got to have some deep pockets. 750 00:33:22,201 --> 00:33:25,002 The right to a public trial is guaranteed 751 00:33:25,004 --> 00:33:27,170 by both the Sixth and the 14th Amendments. 752 00:33:27,172 --> 00:33:29,606 This is a balancing test-- that right 753 00:33:29,608 --> 00:33:31,742 weighed against the potential harm 754 00:33:31,744 --> 00:33:33,443 to this particular witness. 755 00:33:33,445 --> 00:33:36,246 MURPHY: And the people's right to know. 756 00:33:36,248 --> 00:33:37,781 Does the first amendment 757 00:33:37,783 --> 00:33:40,550 suddenly not exist, Mr. Stone? 758 00:33:40,552 --> 00:33:42,152 This urgency to inform the public 759 00:33:42,154 --> 00:33:44,688 as to the facts of this particular case 760 00:33:44,690 --> 00:33:47,157 cannot outweigh the rights... 761 00:33:47,159 --> 00:33:50,560 Of one overly paranoid witness? Please. 762 00:33:50,562 --> 00:33:53,163 A real person's life is in jeopardy. 763 00:33:53,165 --> 00:33:55,699 Surely that outweighs any intangible benefits 764 00:33:55,701 --> 00:33:57,167 to a general public 765 00:33:57,169 --> 00:33:59,102 not affected by this case. 766 00:33:59,104 --> 00:34:01,038 So we rewrite the First Amendment-- 767 00:34:01,040 --> 00:34:04,241 freedom of the press only when it affects the majority? 768 00:34:04,243 --> 00:34:05,242 Your Honor... 769 00:34:05,244 --> 00:34:07,144 We are not asking 770 00:34:07,146 --> 00:34:10,680 that the 11:00 news be allowed to wheel in a camera crew. 771 00:34:10,682 --> 00:34:12,115 Why the hell not? 772 00:34:12,117 --> 00:34:16,053 I empathize with your witness, Mr. Stone, 773 00:34:16,055 --> 00:34:19,623 but there's a heavy burden you must meet 774 00:34:19,625 --> 00:34:21,625 to deprive the voyeuristic public 775 00:34:21,627 --> 00:34:25,162 of their right to peek in on the woes of others. 776 00:34:25,164 --> 00:34:28,265 Now, if your witness is in that much danger, 777 00:34:28,267 --> 00:34:30,267 don't put him on the stand. 778 00:34:30,269 --> 00:34:33,136 I'm sorry, Counselor, but... 779 00:34:33,138 --> 00:34:36,506 freedom abhors secret proceedings. 780 00:34:36,508 --> 00:34:39,209 Your client may quote me 781 00:34:39,211 --> 00:34:40,744 on that, Ms. Murphy. 782 00:34:40,746 --> 00:34:42,179 Petitioner's motion 783 00:34:42,181 --> 00:34:43,180 is granted. 784 00:34:43,182 --> 00:34:44,815 The trial will be open 785 00:34:44,817 --> 00:34:46,683 to the press. 786 00:34:49,822 --> 00:34:51,354 I tried, Ben. 787 00:34:51,356 --> 00:34:52,789 I really did. 788 00:34:52,791 --> 00:34:55,559 But George will not testify in open court. 789 00:34:55,561 --> 00:34:57,727 I can't win without him. 790 00:34:57,729 --> 00:35:00,664 He wants to see Colson walk? 791 00:35:00,666 --> 00:35:03,667 No, but he's entitled to be a little selfish. 792 00:35:03,669 --> 00:35:06,403 And I don't know if I blame him. 793 00:35:06,405 --> 00:35:07,804 What about the tape? 794 00:35:07,806 --> 00:35:11,374 Offer that into evidence without his testimony. 795 00:35:11,376 --> 00:35:13,477 Without authentication it's worthless. 796 00:35:13,479 --> 00:35:14,578 He did give 797 00:35:14,580 --> 00:35:16,746 a sworn statement in judge's chambers. 798 00:35:16,748 --> 00:35:18,715 And he was cross-examined 799 00:35:18,717 --> 00:35:21,551 by opposing counsel, but... 800 00:35:21,553 --> 00:35:24,321 BREWER: Transcripts never mentioned his name. 801 00:35:24,323 --> 00:35:25,655 Are they admissible? 802 00:35:25,657 --> 00:35:27,591 C.P.L. section 6-70-10. 803 00:35:27,593 --> 00:35:30,560 "Testimony given pursuant to a conditional examination 804 00:35:30,562 --> 00:35:32,596 "is admissible when the witness 805 00:35:32,598 --> 00:35:35,398 "is unable to attend the trial 806 00:35:35,400 --> 00:35:38,135 "because of death, illness, incapacity, or is outside 807 00:35:38,137 --> 00:35:40,570 "the state and cannot with due diligence be brought 808 00:35:40,572 --> 00:35:44,541 before the court." Interesting. 809 00:35:44,543 --> 00:35:45,775 This is outrageous! 810 00:35:45,777 --> 00:35:48,445 It's unethical, not to mention prejudicial! 811 00:35:48,447 --> 00:35:49,679 Screaming doesn't make it 812 00:35:49,681 --> 00:35:51,548 inadmissible. 813 00:35:51,549 --> 00:35:53,416 We subpoenaed the witness to testify, 814 00:35:53,418 --> 00:35:55,585 but it seems he's relocated. 815 00:35:55,587 --> 00:35:56,553 Address unknown. 816 00:35:56,555 --> 00:35:58,455 His attorney suspects 817 00:35:58,457 --> 00:35:59,723 he's gone out of state. 818 00:35:59,725 --> 00:36:01,424 And I suspect 819 00:36:01,426 --> 00:36:03,793 we got major league manipulation going on. 820 00:36:03,795 --> 00:36:06,696 JUDGE STRELZIK: You're free to appeal. 821 00:36:06,698 --> 00:36:10,534 The requirements of C.P.L. 6-70 have been satisfied. 822 00:36:10,536 --> 00:36:12,702 The witnesses prior sworn testimony 823 00:36:12,704 --> 00:36:15,672 can be read into evidence. 824 00:36:15,674 --> 00:36:19,376 HARRIS ( on tape ): I've already given you $50,000. 825 00:36:19,378 --> 00:36:21,645 I don't really give a damn. COLSON: 826 00:36:21,647 --> 00:36:24,681 or that closet door It's another 25, 827 00:36:24,683 --> 00:36:26,583 swings wide open, my friend. 828 00:36:26,585 --> 00:36:27,918 The messenger will be there 829 00:36:27,920 --> 00:36:29,719 tomorrow at 5:00. 830 00:36:31,590 --> 00:36:35,592 First of all, you've got to get a jury to buy it. 831 00:36:35,594 --> 00:36:37,594 After the judge instructs them 832 00:36:37,596 --> 00:36:40,463 about the weight this evidence should be given. 833 00:36:40,465 --> 00:36:43,667 Your client will be convicted of larceny by extortion. 834 00:36:43,669 --> 00:36:45,969 It won't take a major leap of faith 835 00:36:45,971 --> 00:36:47,971 to construct a convincing argument 836 00:36:47,973 --> 00:36:51,408 for murder two. You're dreaming. 837 00:36:51,410 --> 00:36:52,909 If you want something enough 838 00:36:52,911 --> 00:36:55,545 dreams have a way of coming true. 839 00:36:55,547 --> 00:36:57,614 Want to take that chance, Counselor? 840 00:36:57,616 --> 00:36:58,882 What are you offering? 841 00:36:58,884 --> 00:37:01,618 about the murder If he didn't know 842 00:37:01,620 --> 00:37:04,888 and he gives us Dwyer, grand larceny three. 843 00:37:09,528 --> 00:37:10,727 It was all Dwyer. 844 00:37:10,729 --> 00:37:12,996 I never wanted to kill the guy. 845 00:37:12,998 --> 00:37:14,965 You were part of the blackmail? 846 00:37:14,967 --> 00:37:16,700 Dwyer's brainstorming. 847 00:37:16,702 --> 00:37:18,902 I was desperate. 848 00:37:18,904 --> 00:37:21,671 The economy went south, my business went with it. 849 00:37:21,673 --> 00:37:24,608 I was in a hole-- mortgaage, child support. 850 00:37:24,610 --> 00:37:26,509 How much did you collect? 851 00:37:26,511 --> 00:37:27,711 Fifty grand each. 852 00:37:27,713 --> 00:37:29,746 You and Dwyer 853 00:37:29,748 --> 00:37:31,481 would split it? 854 00:37:31,483 --> 00:37:33,917 My ex moved for an upward modification 855 00:37:33,919 --> 00:37:35,919 of our settlement agreement. 856 00:37:35,921 --> 00:37:37,654 I needed cash. 857 00:37:37,656 --> 00:37:40,523 I didn't expect Dwyer's release until September. 858 00:37:40,525 --> 00:37:42,659 I came up short. 859 00:37:42,661 --> 00:37:44,594 You went back to Vogel for more? 860 00:37:44,596 --> 00:37:46,763 But he wasn't buying. 861 00:37:46,765 --> 00:37:48,498 He had enough. 862 00:37:48,500 --> 00:37:49,799 Dwyer took care of him. 863 00:37:49,801 --> 00:37:51,718 You're still an accomplice. 864 00:37:51,719 --> 00:37:53,636 I need more than your testimony to convict. 865 00:37:53,639 --> 00:37:55,505 You want corroboration? 866 00:37:55,507 --> 00:37:57,674 You talk to the old man. 867 00:37:57,676 --> 00:37:58,908 What? 868 00:37:58,910 --> 00:38:01,011 Dwyer made a house call. 869 00:38:01,013 --> 00:38:04,447 He talked to Edward Vogel? 870 00:38:04,449 --> 00:38:06,616 Daddy paid the bill directly. 871 00:38:06,618 --> 00:38:08,852 That's when junior went ballistic 872 00:38:08,854 --> 00:38:10,854 and said he'd turn us in. 873 00:38:10,856 --> 00:38:12,756 Next thing I knew 874 00:38:12,758 --> 00:38:15,759 I was reading about it in the Post. 875 00:38:17,562 --> 00:38:20,030 That son of a bitch. 876 00:38:20,032 --> 00:38:21,698 And you believed him? 877 00:38:21,700 --> 00:38:23,566 Any reason i shouldn't? 878 00:38:23,568 --> 00:38:25,602 He's admitted to blackmail, for one. 879 00:38:25,604 --> 00:38:27,604 your bank records. We've checked 880 00:38:27,606 --> 00:38:29,706 You made a large withdrawal 881 00:38:29,708 --> 00:38:31,708 the day before Jim was killed. 882 00:38:31,710 --> 00:38:32,709 You knew all along. 883 00:38:32,711 --> 00:38:33,910 With your testimony 884 00:38:33,912 --> 00:38:36,646 we could have gone to trial three weeks ago. 885 00:38:36,648 --> 00:38:37,947 Watch your tone, sir. 886 00:38:37,949 --> 00:38:40,583 I pick up the phone 887 00:38:40,585 --> 00:38:42,485 and your license to be holier 888 00:38:42,487 --> 00:38:44,087 than everybody else on this planet 889 00:38:44,089 --> 00:38:46,756 can be used to wallpaper the sewer. 890 00:38:49,995 --> 00:38:51,761 Your son is dead, sir. 891 00:38:51,763 --> 00:38:53,730 You're protecting his killers. 892 00:38:53,732 --> 00:38:55,765 That's my business, Mr. Stone, 893 00:38:55,767 --> 00:38:59,035 and I intend to keep it that way. 894 00:39:03,608 --> 00:39:05,675 Good day, gentlemen. 895 00:39:06,712 --> 00:39:09,879 The bastard's done everything he can to stop us. 896 00:39:09,881 --> 00:39:12,115 It's his son. 897 00:39:12,117 --> 00:39:14,050 I can't believe... 898 00:39:14,052 --> 00:39:15,852 He paid Murphy's legal fees. 899 00:39:15,854 --> 00:39:17,520 To open up a courtroom? 900 00:39:17,522 --> 00:39:18,688 Doesn't make sense. 901 00:39:18,690 --> 00:39:19,989 Think it through. 902 00:39:19,991 --> 00:39:22,308 With the press in the courtroom, 903 00:39:22,309 --> 00:39:24,626 there's no way George Harris testifies. Without his testimony, 904 00:39:24,629 --> 00:39:26,696 we can't go to trial. 905 00:39:26,697 --> 00:39:28,764 No one ever knows that the boy was gay. 906 00:39:28,767 --> 00:39:30,800 He'd rather see Dwyer and Colson go free 907 00:39:30,802 --> 00:39:34,604 than tarnish his good name. Sure, political necessity. 908 00:39:34,606 --> 00:39:37,040 You don't survive as long as he did 909 00:39:37,042 --> 00:39:38,775 without keeping your hamper closed. 910 00:39:38,777 --> 00:39:40,810 It's about to open up. 911 00:39:40,812 --> 00:39:42,379 I served him 912 00:39:42,381 --> 00:39:43,847 with a subpoena. 913 00:39:43,849 --> 00:39:48,651 Ah, that explains why he's got a call into me. 914 00:39:48,653 --> 00:39:50,787 A subpoena? 915 00:39:50,789 --> 00:39:53,123 Really, Adam. 916 00:39:53,125 --> 00:39:55,091 Without your testimony 917 00:39:55,093 --> 00:39:57,827 the murder case disappears. 918 00:39:57,829 --> 00:40:01,798 I'm familiar with how city business is conducted. 919 00:40:01,800 --> 00:40:03,700 You're probably also aware 920 00:40:03,702 --> 00:40:09,706 that my office doesn't service anyone's personal agenda. 921 00:40:09,708 --> 00:40:12,409 Not anyone's? 922 00:40:12,411 --> 00:40:16,813 16 Years ago, I pulled your name out of a hat. 923 00:40:16,815 --> 00:40:19,682 Save the backroom marker crap; it's too late for that. 924 00:40:19,684 --> 00:40:22,852 What you did had nothing to do with my getting this office 925 00:40:22,854 --> 00:40:24,821 or with my keeping it. 926 00:40:24,823 --> 00:40:26,956 Fine. 927 00:40:26,958 --> 00:40:30,427 A favor, then, for a friend. 928 00:40:30,429 --> 00:40:32,662 Call off the dogs. 929 00:40:38,437 --> 00:40:41,604 I keep this picture of Jim on my desk. 930 00:40:41,606 --> 00:40:43,006 Graduation day, Columbia. 931 00:40:43,008 --> 00:40:46,643 He's standing there with his arms around his mother. 932 00:40:46,645 --> 00:40:51,448 Damn it, Adam, he looks just like everybody else. 933 00:40:51,450 --> 00:40:53,850 I've spent my life protecting him. 934 00:40:53,852 --> 00:40:56,453 From what? 935 00:40:56,455 --> 00:41:01,624 Your shame put the knife into Dwyer's hand, 936 00:41:01,626 --> 00:41:02,959 and there's no way 937 00:41:02,961 --> 00:41:06,796 I'm going to let that keep him out of jail. 938 00:41:07,899 --> 00:41:10,867 I've known you for 25 years, Ed, 939 00:41:10,869 --> 00:41:14,938 and I'm telling you now, you don't testify tomorrow, 940 00:41:14,940 --> 00:41:18,074 you're going to go to jail for contempt. 941 00:41:20,979 --> 00:41:24,747 Mr. Vogel, when did you first make contact 942 00:41:24,749 --> 00:41:27,684 with the defendant Harold Dwyer? 943 00:41:36,862 --> 00:41:40,697 Permission to treat this witness as hostile, Your Honor? 944 00:41:40,699 --> 00:41:43,766 Go ahead, Mr. Stone. 945 00:41:43,768 --> 00:41:46,069 Isn't it true that your son 946 00:41:46,071 --> 00:41:48,238 borrowed $50,000 from you? 947 00:41:55,046 --> 00:41:58,114 I can enter the bank statements as evidence... 948 00:41:58,116 --> 00:41:59,916 Yes, he was my son. 949 00:41:59,918 --> 00:42:01,217 I lent him money. 950 00:42:01,219 --> 00:42:03,253 Did he say what it was for? 951 00:42:03,255 --> 00:42:05,288 ridiculous. This is 952 00:42:05,290 --> 00:42:09,526 Your Honor, this witness has nothing to offer. 953 00:42:09,528 --> 00:42:12,729 We can hold you in contempt, sir. 954 00:42:21,206 --> 00:42:24,274 Did you love your son, Mr. Vogel? 955 00:42:27,779 --> 00:42:29,746 Yes. 956 00:42:31,216 --> 00:42:33,216 Very much. 957 00:42:33,218 --> 00:42:35,785 You proud of him? 958 00:42:37,222 --> 00:42:40,123 Jimmy could have been mayor. 959 00:42:41,893 --> 00:42:45,128 He was smart and everybody liked him. 960 00:42:47,299 --> 00:42:52,168 I thought it would be best if we kept it all quiet. 961 00:42:52,170 --> 00:42:54,771 Quiet about what? 962 00:42:58,810 --> 00:43:01,077 That he was gay. 963 00:43:03,915 --> 00:43:06,916 I would have paid any amount. 964 00:43:06,918 --> 00:43:09,819 At first, Jimmy went along with it. 965 00:43:09,821 --> 00:43:12,088 He wanted me to be proud. 966 00:43:19,264 --> 00:43:22,298 I mean... 967 00:43:22,300 --> 00:43:25,768 he didn't want me to be embarr... 968 00:43:25,770 --> 00:43:27,837 embarrassed. 969 00:43:30,241 --> 00:43:32,141 After all the... 970 00:43:32,143 --> 00:43:34,143 ( clearing throat ) 971 00:43:34,145 --> 00:43:36,145 after all the years of pain 972 00:43:36,147 --> 00:43:38,214 he didn't care anymore. 973 00:43:38,216 --> 00:43:42,051 He told me it was his life, not mine. 974 00:43:42,053 --> 00:43:46,990 They asked him for more money and Jimmy refused. 975 00:43:48,059 --> 00:43:50,293 And then what happened? 976 00:43:52,163 --> 00:43:55,331 The defendant, Mr. Dwyer, came to me. 977 00:43:56,301 --> 00:44:00,336 50 Grand or it's all over the news. 978 00:44:00,338 --> 00:44:02,372 And you paid him? 979 00:44:05,176 --> 00:44:08,177 Yes... yes. 980 00:44:08,179 --> 00:44:11,214 How did your son react to that? 981 00:44:11,216 --> 00:44:13,650 He was angry. 982 00:44:13,652 --> 00:44:17,020 He called Mr. Dwyer 983 00:44:17,022 --> 00:44:18,321 from my office 984 00:44:18,323 --> 00:44:21,190 and said he'd go to the police 985 00:44:21,192 --> 00:44:24,193 if Dwyer didn't return the money. 986 00:44:24,195 --> 00:44:27,363 Well, then what did Mr. Dwyer do? 987 00:44:27,365 --> 00:44:30,433 He said he'd been in jail for six years 988 00:44:30,435 --> 00:44:32,235 and there was no way 989 00:44:32,237 --> 00:44:34,237 he was going back. 990 00:44:38,143 --> 00:44:41,010 The next day, they found Jimmy. 991 00:44:56,294 --> 00:44:59,028 Will the defendant please rise? 992 00:45:04,269 --> 00:45:07,170 On the first count of the indictment 993 00:45:07,172 --> 00:45:09,305 grand larceny in the second degree 994 00:45:09,307 --> 00:45:12,341 how do you find? 995 00:45:12,343 --> 00:45:15,344 We find the defendant guilty. 996 00:45:15,346 --> 00:45:18,181 On the second count of the indictment 997 00:45:18,183 --> 00:45:21,317 murder in the second degree, how do you find? 998 00:45:21,319 --> 00:45:24,187 We find the defendant guilty. 999 00:45:41,239 --> 00:45:45,174 Deep down, Ed Vogel truly believes he loved his son. 1000 00:45:45,176 --> 00:45:46,909 You don't think he did. 1001 00:45:46,911 --> 00:45:48,277 Acceptance before love, right? 1002 00:45:48,279 --> 00:45:51,914 A son is not merely an extension of his father's ego. 1003 00:45:51,916 --> 00:45:53,216 That's a law of nature. 1004 00:45:53,218 --> 00:45:56,219 Sons go to extremes to please their fathers. 1005 00:45:56,221 --> 00:45:58,755 My father wanted me to be a doctor. 1006 00:45:58,757 --> 00:46:01,758 I went so far as to study organic chemistry. 1007 00:46:01,760 --> 00:46:03,159 What happened? 1008 00:46:03,161 --> 00:46:04,527 I grew up. 1009 00:46:04,529 --> 00:46:07,363 Captioning sponsored by NBC/Universal 1010 00:46:07,365 --> 00:46:10,433 Captioned by access.wgbh.org oup at WGBH