All language subtitles for Law.and.Order.S06E04.Jeopardy.1080p.AMZN.WEB-DL.DDP2.0.H.264-playWEB_track3_[eng]

In the criminal
justice system

the people are represented
by two separate
yet equally important groups,

the police
who investigate crime

and the district attorneys
who prosecute the offenders.

These are their stories.

Gil.

Gil.

Gil, we'll be home
in half an hour.

Come on, Cin.
They did it in
Fatal Attraction.

Sure, with stunt doubles.

It's now or never.

In a couple of years,
we'll need notes
from our chiropractor.

We'll need new jobs
if we get caught.

It would
have been great.

It'll be great

in half an hour with
the front door locked.

Are you crazy?
You stay here.

Call 911.

The cleaning crew
doesn't show up
till after 9:00.

I was pretty sure
we were the only ones
left in the building.

The people
in this office,
you know them?

Just to say hi.

Like we told the other
detective, they ran
a computer magazine.

They seemed like
a fun bunch.

They always had
music playing.

Thank you.

Body count's three.
We found four shells.
Nine millimeter.

As far as we can tell,
all the vics worked here.

Sally Kestler, 26.
She used to
have black hair.

Nose ring's new, too.

Along with
the bullet hole.

What's his story?

First unit on the scene

found him hiding
in the john over there,
pale as a ghost.

I'll bet. Be sure
to check his hands
for powder residue.

Detective Curtis
already put in a request.

Jesse Rand, 24.
Powder burns on his shirt,
bruises on his hands.

Probably from
beating on the guy
who shot him.

Make sure Mr. Rand
gets under
the microscope.

I already got that one
from Detective Curtis.
He's in there.

Hey, I paged you
three times.

I was stuck in
the Midtown Tunnel.

Anyway, it sounds like
you had it covered.

Meet Edward Nicodos,
the Editor-In-Chief.
Two shots, in and out.

Those accountants said
they heard two quick shots
and then two singles.

Right. That makes him first.
Who says it's good
to be the king?

"BYTEhead Magazine.
Feeding the head
of Generation X."

Better make that
Generation X'd out.

I can't believe this crap.

They were looking
for gun powder
on my hands.

Take it easy.

They were just
following procedure.

You know, if I wasn't
hugging porcelain

when the shooting started,

I'd be dead right now.

Two weeks on the
job and I'm dead.

Was there anyone
in the office besides
the four of you?

No, we just put
issue 14 to bed,

and Eddie popped
the cork and
ordered takeout.

Well, between
the champagne and
the General Tso's Chicken,

my stomach started
doing wheelies.

What about
office romances?

Maybe somebody's
significant other got jealous?

I just did phones
and errands.

I mean, the grapevine didn't
exactly grow my way.

Then who on your
staff would know?

You're looking at
what's left of the staff.

There was Eddie,
and Sally,
the Senior Editor,

and Jesse,
the Associate Publisher,
and me.

You're saying
four people ran
this whole thing?

Eddie ran
a virtual office.

There was a part-time
editor in Saratoga, and a
graphics guy in Baltimore.

Everything got done
with faxes and modems.

Beats coming into
work every day.

Sally Kestler's
roommate says she
wasn't seeing anybody.

And judging by his
dance card, Eddie Nicodos
was seeing everybody.

And Jesse Rand's boyfriend
was playing bass
at a club last night.

Jesse Rand?
He's the one with
the powder burns?

Yeah, shot almost
point blank
near a fire exit.

Forensics pulled some
dark blue wool fibers
from under his nails.

He probably got
his mitts on the guy.

CSU check the fire door?

Yeah, they found some powder
residue on the handle

and a couple of dozen prints,

mostly smudged,
mostly from the vics,

and one from the kid
in the john.

Popular door.

Yeah, it leads
to the side street,

but it's not wired
up to an alarm.

Well, somebody who's
been there before
would know that.

Start with
former employees.

We checked the offices,

but the place was
big on gadgets,
not personnel records.

What about
the next of kin?

They've been notified.

They own Nicodos
Food Distribution.
It's a big operation.

Yeah, I've been
stuck behind a few
of their trucks.

You talk to
Elaine Nicodos?

She's listed as
Executive Editor.

I don't understand.
Edward was my baby.

Why would
somebody do this?

Come on, Mom,
sit down.

Elizabeth, be a dear
and take the
children upstairs.

Come on, let's go.
Let's go upstairs.

Terribly sorry
for your loss,
Mrs. Nicodos.

I buried my husband
a year ago.

I thought after his memorial
yesterday, we could
move on with our lives.

If I didn't have Peter
and his family living
here with me,

I don't know
what I'd do.

We'll help you any way
we can. Just tell
us what you need.

Well, to start with,
can you think of anybody

who might have had
a grudge against your
brother or the magazine?

No. Nothing comes to mind.

Eddie had
a lot of friends.
Everybody liked him.

Well, somebody
he fired might have
a different opinion.

Were you aware
of any problems with
a former employee?

If there were,
I really wouldn't know.

But you are the
Executive Editor
of the magazine, right?

It's just a title.

Just Eddie's way of saying
thank you for giving him
the start-up money.

So you didn't keep up
with the day-to-day
over there?

Our business is
food distribution.

The magazine was
strictly Eddie's venture.

We'd like to see his
personnel file. There was
nothing in the office.

He retained a business
manager. I'll have the
records released to you.

Eddie was full of ideas.
He had so much promise.

How could someone
take him away?

All three of them?
That's incredible.

I'm totally floored.

I just spoke to Sally
a few weeks ago.

Really? We didn't think you
were still on speaking terms
with the people there.

Why, because I was fired?

Well, that's one reason.
Another one is this letter.

"You're a son of a bitch,
John's a son of a bitch,

"and you can both
go to hell,
the sooner the better."

We found this
in your personnel file,
Ms. Russell.

So? I worked five months
straight giving
that rag its look,

and then I got dinged 'cause
I wouldn't let some lech
play grab-ass with me.

I'm supposed
to be happy?

The lech,
that would be John?

John Wheeler.

I'd be in his
office working,

and all of a sudden
he says he
has to take a leak.

He unzips right there
and pees into a cup.

Guy was a pig.

So you complained.

Eddie thought
it was funny.

I spelled it out for him.
It was me or John.

So after you got
pink-slipped,

why didn't you let a lawyer
write your hate mail for you?

I did. She said I had
a great case,

until she realized
the magazine had no assets.

Well, Eddie got his
consciousness raised.

John Wheeler was fired
two weeks ago.

Oh, God.

When Sally called me,
she sounded worried.

John had started in on her.

He even followed
her home one night.

Leave me a number.
I gotta finish this piece
on molecular computers.

I got two magazines
bidding for it.

Hey, that badge we
showed you means we got
dibs on your time.

Now, let's hear about
your problem
with Sally Kestler.

Come on.
You look at some chicks
the wrong way,

you become
a serial rapist.

You follow them home,
maybe you are.

Big misunderstanding,
that's all. Sally never
had a sense of humor.

Did you lose yours
after she got you fired?

That had nothing
to do with it.

Eddie was just
jealous of my talent.

Couldn't deal with the fact
that I was the real juice
behind the magazine.

Right. You're so brilliant,
you're hustling
the freelance market.

Temporary setback.

Look, man, I wrote
this killer review

on this mega carnage
piece of crap
CD-ROM Thrasher.

Burned the game,
the programmer,
got a lot of buzz from it.

Eddie felt threatened.
Only room for
one resident genius.

What the hell.
Mozart couldn't hack
the nine-to-five either.

Just what masterpiece
were you creating,

say two nights ago,
around 8:30?

I was at Annie's
Diner on Lex.

Johnny has
some fast hands
for a white boy,

but he was never
getting a piece of this.

Now, you, you might
have a chance.

Not without a note
from my wife.

What time did
Johnny take off?

Just before 9:00.

He said he had a date
with some girl
on his computer.

So I asked him,
what is the
thrill in that?

I'm sure he types
fast with one hand.
Thanks.

So Wheeler's
story checked out.

He's quite the wordsmith.

I read his review.
Most of it's
up your alley,

but the thumbs down
part comes through
loud and clear.

Well, a little controversy
gets people talking.
Eddie couldn't have minded.

Well, he may have
had second thoughts.

Their latest issue,
there's a retraction
printed on the last page.

So the guys who
invented the game
must've weighed in.

Well, only five lines.
Not much of an apology.

My girlfriend
insists on flowers
and a box of Godiva.

Well, maybe
somebody came back
for the chocolates.

Thrasheris an action-thriller
music-video-adventure
experience.

I get that
riding the subway.

So BYTEheadmagazine
didn't like your game.
That calls for an apology?

They weren't
supposed to review it.

I let Eddie Nicodos
see a prototype.

Bastard said he wouldn't
write about it until
I worked out the bugs.

So what happened?
Eddie didn't say
I'm sorry loud enough?

I worked three years
on this project.
I lost my backers.

I've been on the phone
every day, trying
to raise new capital.

Yeah, all those busy
signals can get
pretty frustrating.

You want to tell us
where you were
the night Eddie got shot?

Right here.
Look, Eddie might have
been a back-stabbing jerk,

but I wouldn't kill him.

At least not until
my lawyer was
through with him.

Liability here is
eight figures.

That review damaged
my client's
business reputation.

It interfered with
his contractual
relationships.

So a lawsuit gets
your name in the paper.

All you'll be able to do
with a judgment against
the magazine is frame it.

We didn't just sue
Eddie Nicodos.

You found
deeper pockets?

His family's business
Nicodos Food
Distribution Inc.

has also been
named in the suit.

Our position is
they're the true owners
of the magazine.

We sure nailed his brother
on it at the deposition.

Brother Peter, who
never kept up with the
day-to-day at the magazine?

We definitely
had his attention.

Do you have
a transcript of
the deposition?

Better.
I have a videotape.

I don't see how my mother
giving money to Eddie

has anything
to do with this.

That's what we're
here to find out.

Has your brother's magazine
received any other funds
from Nicodos Foods?

Wait, wait, wait,
wait a minute. What do you
mean, "Any other funds?"

The start-up money came
from my mother's personal
account, not the business.

Remind me to borrow this
next time I can't sleep.

This is all very interesting,
but I've got things to do.

Ed... No, I'm here,
so you're here, too.

It's your
problem, Pete.

You want to sue me,
go right ahead.

The magazine's
judgment-proof.

You think you can
collect from my brother,
be my guest.

You irresponsible, spoiled
brat. I'm sitting here,
taking this... Sit down!

Go to hell!
God...

Nice family.

Who said we're not
the city of brotherly love?

The lawsuit is
just a lot of smoke.

Our business has nothing
to do with Eddie's magazine.

My attorney assures me
we're in the clear.

So when you didn't
tell us about it,
that was just an oversight?

I didn't think
it was relevant.

A $12 million lawsuit?

Hey, we understand
if you didn't want us
to know

how upset you were
at your brother.

We saw
the deposition tape.

So I overreacted.

Eddie put us in a
vulnerable position.

My grandfather
built this firm.

I take seriously
my duty to protect
the family's interests.

I'm not gonna sit back and
let some little shyster bleed
us over a computer game.

No, you're going to
yell at your brother.
Makes perfect sense.

We weren't twins, Detective.
We handled things differently.

My brother was
imaginative.

Well, we have
imaginations, too,

so if you could tell us
your whereabouts
the night he was killed?

I was here.
I spent the entire day
with my mother,

the memorial service,
dinner at Periyali.

Payroll checks don't
sign themselves.

What time did you leave?

Around 9:30,
so I could kiss
my children good night.

Now, if you'll excuse me,
I have people waiting for me.

I still can't get over it.
I knew Eddie since
he was in short pants.

That kid could
never sit still.

The things his folks
would let him
get away with.

What about lately?
You see him around
here with Peter?

No. Last time he was
around here
was five years ago.

He was out of college.

The old man talked him
into taking a job
in the sales department.

Not his cup of tea, huh?

He lasted two months.

Pete was his boss.

They had a blowout on the
loading dock and Eddie
found something else to do.

According to your log book,
you were on duty
the night he got killed.

That's right.
I had a man out sick.

Did you see
Peter come in?

About 8:00.
He went right up
to his office.

He's not a talkative man.
He's always got
something on his mind.

What time did he leave?

That I couldn't tell you.

Sometimes he goes out
through the warehouse.

Why do you want to know?

Well, we got a lot
of blank spaces
to fill in on our reports.

Do you happen
to know if he keeps
a gun in his office?

No, he doesn't.

Had to think
that one over?

Mr. Brice, if you want
to reconsider your answer...

Mr. Nicodos' secretary
keeps a licensed handgun
locked in her desk,

for nights when
she works late.

She worries
about carjackers.

And?

And this morning,
she called me
to report it missing.

Did Mr. Nicodos know
she had a gun?

He signed the affidavit
for the premise permit.

Last time she saw it
was the day
before the shootings.

And as far as she knows,
Nicodos does have
a key to her desk.

According to her permit,
it's a Ladysmith
nine millimeter.

I checked the rifling.
It's a six with
a right twist,

same as the slugs
we recovered from vics.

Making Peter
a prime candidate
for a sit-down.

No point putting him
in the hot seat if we
can't keep him there.

Nicodos went straight
from the memorial
to the office.

With one stop in
between for dinner.

Forensics found
dark blue wool fibers
on one of the victims.

I'm no Donna Karan,
but I know the right fashion
for solemn occasions.

I really don't remember
what Peter was wearing.

I'm sure it was
something appropriate.

Where are those
people going?

The warrant allows us
to search the whole
house, Mrs. Nicodos,

starting with
your son's room.

What do you expect to find?
It doesn't make any sense.

That day at the memorial
service, did anything
happen between your sons?

Eddie couldn't be there.
I told him it was all right.

He had a deadline
at the magazine.

But you haven't answered
my question, Detective.

What do you expect to find?

Why don't we just
wait and see
what happens, okay?

That day is like
a blur, Detective.

Peter was on the phone
with his office, the church
and the restaurant.

My youngest had the flu.

Did your husband
say anything to you
about his brother?

He was disappointed
that Eddie was
missing the service,

but we really didn't
have a chance to talk.

Just as we were about
to sit down to dinner,

he was called away
to a meeting
with his lawyer.

Did he mention
what it was about?

It was that lawsuit
with the magazine.

Detective, we got grays,
taupes and pinstripes,

but nothing
in a dark blue.

There's nothing in the
other closets, either.
And no gun.

Even money there's
a blue suit fertilizing
the dump at Fishkill.

Yeah, with a nine
millimeter in the pocket.

Now, the mother said
Eddie skipped
the old man's service.

Maybe Peter took it
personally. Could've
sent him over the edge.

Or maybe talking
to his lawyer did.

His wife said he ran off
to a meeting about the
lawsuit after the memorial.

Yeah, the nothing lawsuit
that just couldn't wait.

I doubt if his lawyer
will tell us what
was so pressing.

Maybe the other
guy's lawyer will.

How do I know why he
went to see his lawyer?

I'm sure I'm not the
only thorn in his side.

You were that day.

You know, Lennie,
we'd be remiss if we
didn't call his clients.

They might want to
find another lawyer

while Mr. Kaiser here
is under investigation
for obstruction.

Now, wait a minute.
I'd love to cooperate,

but you know I can't
divulge information
from my client's file.

We're not asking
about privileged
conversations.

We just want to know
what bug you dropped
in Peter Nicodos' shorts.

I found a shell
corporation.

Gaston Inc. It was getting
$10,000 a month
from Nicodos Foods.

I believe that's how
they diverted money
to the magazine.

I served a set of
interrogatories on Nicodos'
attorney that morning.

Here we go. Penthouse E.

You'd think with 10 grand
a month, Gaston Inc. could
afford a sign on the door.

Not if the building
is zoned residential.

Who is it?

It's the police.
Could you open up
the door, please?

Gaston Inc.?

Yes, I'm Celia Gaston.
What do you want?

Well, we'd be more
comfortable inside.

Excuse the mess.
I just got back
from a business trip.

What business is that,
Ms Gaston?

I'm an interior decorator.
I have clients all over.

Including Nicodos Foods?

I've done some
consulting for them.

Ten thousand a month?
What'd you do,
redecorate their warehouse?

Peter Nicodos
is a personal friend
of yours, am I right?

A very generous
personal friend?

I don't see how that's
any of your business.

Believe me, it is.

What's going on?
Is Peter in trouble?

If you don't mind,
we'll ask the questions,
Ms. Gaston.

When was the last
time you saw Peter?

Three nights ago.

He came by after his dad's
service. Said he couldn't
see me anymore.

Did he give you
a reason why?

It was personal.

Now I think
you should leave.

Ms. Gaston,
his brother Eddie
was shot that night.

We think he might
have been involved.

Oh, my God.

I had no idea.

One more time, Ms. Gaston.
Did he tell you anything?

If you don't cooperate,
we can have you arrested and
held as a material witness.

We'd rather not
do that, but...

It's because
of that lawyer.

The one suing them.

Eddie told him who I was,
and the lawyer
called Peter that day.

He said he had
to settle the case

or he'd tell
his family about us.

He was being
blackmailed.

Nice move, Eddie.

When Peter left here,
did he tell you
where he was going?

No. He was just
ranting about Eddie.
He was furious.

How furious was that?

I've seen him mad
at Eddie before,
but nothing like that night.

Does Peter keep
a change of clothes here?

I felt so sorry for him.

Peter had so
many obligations.

That job he hates,
his family.

He said when he was with me,
he could just be himself.

Looks dark blue to me.

Okay, bad news first.
The suit's
a wool-cotton blend.

Fibers from the victim
are tropical wool.

And the good?

The suit had
cat hairs on the pants.

Right, the girl
has a cat.
So that's good.

Well, the cat gets around.

I pulled similar cat hairs
off the same victim
who had the fibers.

Nicodos might have
picked up some hairs from
his girlfriend's place.

They end up on
the guy he struggled with.

You sure the hairs
are the same?

I said similar.
I'll have to run tests
for a positive match.

Give me a few weeks,
and I'll sign
my name to it.

Similar's good enough for me.
I hope it's good
enough for a judge.

Mr. Nicodos.

Excuse me.

Can't this wait?
We're going to be
late for the Met.

Don't worry,
it'll still be there 25
years from now.

Peter Nicodos, you're under
arrest for the murder
of Edward Nicodos.

You have the right
to remain silent.
Anything you do say

can and will be
used against you
in a court of law.

"Case number 830695,
People v. Peter Nicodos Jr.

"Three counts of murder
in the second degree."

I'm ready for your
plea, Mr. Nicodos.

Not guilty, Your Honor.

Your Honor,
the People ask for
remand without bail.

Absurd, Your Honor.

The defendant shot
three people
in cold blood.

He's wealthy,
his family owns
a private plane.

He poses a
significant flight risk.

My client will gladly
surrender his passport
and the keys to his plane.

He has numerous ties
to the community.

He has a wife and
two small children.
He's not going anywhere.

The defendant
killed two witnesses.

He's shown how
far he'll go to
avoid prosecution.

And I want him
where we can find him.

The defendant is
remanded to custody.

It's a disgrace, McCoy.

My client should be home,
helping his kids
with their schoolwork.

I saw the crime scene photos.
I know how much his
family means to him.

But I'm innocent.
I didn't kill anybody.

You've already learned
the Rikers Island theme song.
Good for you.

I'm not dealing
for anything less
than a full sentence.

You better check your cards
before you shoot the moon.

Forensics ties him
to one of the victims.

His fingerprints were on
Eddie's desk. He had access
to the murder weapon.

He had opportunity
and motive.

Motive being?

Thanks to his brother,
he was being blackmailed.

Well, then, he'd be angry
at the people blackmailing
him, not at his brother.

Not according
to Ms. Gaston.

Well, she can't
establish motive,

if she can't testify.

It's black letter law,
Your Honor,
as black as it gets.

Out-of-court statements used
to support the truth of the
facts stated are hearsay.

Anything my client said
to Ms. Gaston
is inadmissible.

It is black letter,
but you're looking
at the wrong law.

Any statement
by a defendant
is an admission

and falls outside
the hearsay rules.

That would be correct if we
were talking about a statement
made by the defendant,

not a statement
made by a third party
to the defendant.

Ms. Gaston told the police

the plaintiff's lawyer
threatened Mr. Nicodos
with blackmail.

That's hearsay.

He's right, Mr. McCoy.

The statement is excluded.

With all due respect,
that doesn't preclude
her from testifying

to the defendant's
state of mind.

New packaging,
same bad taste.

Her observations
aren't hearsay.

She can testify that Peter
Nicodos was angry at
his brother that night,

and according to her,
angrier than she'd
ever seen him before.

Under extraordinary
conditions, Your Honor.

He was angry at his brother
for not attending
their father's memorial.

And this will be totally
misconstrued by a jury.

Yeah, I have to agree.

Under the circumstances,
the prejudicial effect

of Ms. Gaston's testimony
will clearly outweigh
its probative value.

I have no choice
but to preclude her
from testifying.

Judge Hynes put
in a good day's work.

He yanks the rug out,
then he sends Peter
Nicodos home for dinner.

I shared a cubicle
with Edgar Hynes,
35 years ago.

His heart
didn't bleed then.
I doubt it does now.

If you lost, it was
fair and square.
Look on the bright side.

He probably
did you a favor.

By knocking out
our motive witness?

A woman who'd been given
her walking papers by
her lover. Some witness.

Check your messages?

Rothenberg's feeling
his oats.

I don't expect
a call from him.

Lost the dialing
instructions on your phone?

I won't shop
for a deal, Adam.

We've got the forensic
evidence, we've got the
tapes from the deposition.

It won't take much
to convince a jury,

these brothers didn't walk
out of beau geste.

I was at the office 10,
12 hours every day,
and sometimes weekends.

To your knowledge,
during the weeks
you worked there,

did the defendant
ever visit the
magazine's offices?

No. I didn't even know
Eddie had a brother until
I read it in the papers.

He never
talked about him.

Earlier, we heard testimony

that the defendant's
fingerprints were found
on Eddie's desk.

Now, let me ask you,

were you working late
the night before
the shooting?

Yes. I was there
until midnight.

Were you present
when the cleaning crew
came around?

Yes. They showed up
around 9:00.

Did you see them
clean Eddie's desk?

Yes. They wiped
everything down.

Thank you.

Mr. Ricardi,

you have testified that during
the two short weeks
you were at the magazine

you were employed
as a gofer.

Now, does that mean
that you ran errands
outside of the offices?

Yes. Sure,
to the printers and
advertising agencies.

A lot of errands.

Isn't it possible that my
client dropped in on his
brother when you were out?

Yes, it's possible,
I guess.

Now, when these shootings
occurred, you were hiding
in the bathroom, correct?

I wasn't hiding.
I was busy in there.

So you did not see
my client shoot
anyone, did you?

No.

No more questions
for this witness,
Your Honor.

The victim had
powder burns
on his shirt,

and there were
bruises on the knuckles
of his right hand.

What, if any,
conclusions
did you make?

I concluded the victim
was engaged in a
very close struggle

with his attacker
when he was shot.

Did you make
any other findings,
Detective Chung?

Objection.
Side bar, Your Honor?

Mr. McCoy is soliciting
testimony about cat hairs
found on the victim.

If that's foundation
for this report, I object.

What's in the report,
Mr. McCoy?

Forensics matched those
hairs to hairs
found in the apartment

of the defendant's
mistress.

Your Honor,
I received this report
two days ago.

I've barely had
time to skim it.

This is trial by ambush.

They got it an hour after
we did, Your Honor.
Nothing was withheld.

If they need time to prepare,
we don't object
to an adjournment.

Your Honor, it's not
a question of time.

Our trial strategy
was founded

on the presumption
the People did not
have this evidence.

The damage can't
be undone.

I want this report
and any testimony
thereto excluded.

Granted.
Your Honor...

Mr. McCoy, you're lucky
I'm not sanctioning you

for discovery violations.

Now, let's move on.

I sent Chung three memos.

He kept promising
we'd have the
report before trial.

Have you finished
prepping Detective Curtis?

Yes, but he's not
scheduled to take
the stand until tomorrow.

We planned to spend
the rest of today
talking about cat hair.

Find him.
Hynes expects us
to have a witness

by the time we get
back from lunch.

I don't know who I want
to kick most, Hynes
or that lab technician.

Jack, we haven't
lost the game.

Right. Just make sure
Curtis gets here in time.

The defendant's
secretary reported

that the nine millimeter
handgun she kept locked
in her desk was missing.

We confirmed that
the defendant had
a key to the desk.

And what can you tell us
about that missing weapon?

It was a Smith & Wesson
Ladysmith auto.

It had the same rifling
as the slugs recovered
from the victims.

Six lans and grooves
with a right twist.

Thank you.

Detective, did you know
that Smith & Wesson

makes eight other
models of handguns

that produce
that same rifling
as the Ladysmith?

No.
Did you know that
Browning and Walther

also make handguns
that produce
that same rifling?

No.
Do you know how
many of these weapons

are registered in the
Five Borough area?
I don't.

Well, the license division
at One Police Plaza does.

There's just over
5,000 of them,

and this is
not counting the
unlicensed ones.

Did you check any of those
guns to see if they
might be the murder weapon?

Mr. Nicodos didn't
have access to those weapons,
so the answer is no.

No further questions.

The People rest,
Your Honor.

Your Honor, pursuant
to Criminal Procedure Law,
Section 290.10,

the defense moves
for a trial order
of dismissal.

On the grounds that the
evidence against my client
is not legally sufficient

to prove the
offense charged.

Your Honor, the People
have established every
element of the crime.

I don't agree, Counselor.

All counts of the
indictment against
Mr. Nicodos are dismissed.

The jury is excused.
I thank them for their time.

Court is adjourned.

He as good as
acquitted him.

With jeopardy attached,
we can't lay
a finger on Nicodos.

Right. Blame the judge.

Adam, defense attorneys

routinely move to dismiss
and judges routinely deny it,

or they wait until
after the verdict.

Why the big rush
to let a murderer walk?

I don't see the big rush.

You barely
made the case.

Because Hynes took
a chainsaw to it.

He threw out
every good piece
of evidence we had.

If your Mr. McCoy
wants to rewrite
the rules of evidence,

give him a pencil
and point him to Albany.

He thinks you were
quick on the draw
dismissing the case.

You agree?

So, you invite me for
a drink just to kick
dirt on my shoes.

The case was weak.
The jury probably
would have acquitted.

You had no reason
to take them
out of the loop.

Well, that's why the
ponies run at Belmont.

Everyone has an opinion,
Adam, but since
I wear the robe,

mine's the only
one that counts.

You're still a cocky
son of a gun, Edgar.

Whatever. You know as well
as I do I can't discuss
a case with you.

That never stopped
you before.

I said everything
I had to say in my
order of dismissal.

I have to go.

Say hello to Jane.

Maybe we can all get
together for a sail
around the Sound.

I sold the boat.
Jane filed for
divorce last month.

But thanks for asking.

You wanted to see me?

People v. Carruthers,1988.

The bell's not ringing.

One of Ben Stone's cases.

Hynes presided. Page 54.

"Defense motion
to suppress
a ballistics report."

Which was turned over to
the defense the day before
the expert took the stand.

Hynes let this report in.

Maybe he joined
the Golden Agers Club
at the ACLU since then.

No.

No.

The last new trick
he learned was the twist.

He's predictable.

Up until a couple
of days ago?

I'm afraid so.

Look into it.

Judge Smith's got a week
to kill before his
time-share in Sun Valley,

I tossed him a
slam-dunk robbery.

Judge Jones wants to upscale
his image, I give him bank
fraud. Happy to oblige.

You got the Nicodos Case
from Part 40?
A triple homicide?

Right, right.
I passed that over
to Judge Hynes in 49.

Luck of the draw?

A pair of adorable
dimples. Hynes' clerk.

He asked for the case.

Did he tell you why?

I didn't ask.

I heard Hynes
is getting divorced,

so maybe he wanted
a murder case
to cheer him up.

Judge Hynes
had just done seven
drug cases in a row.

He wasn't looking
forward to another one.

Did he specifically mention
the Nicodos case?

Yes. There was a lot
of publicity about it.

Am I done?

Yes. And I remind you
not to discuss this
interview with anybody.

Maybe Hynes
just wanted to see
his name in the papers.

By holding the door open
for a three-time killer?

That's not the kind
of press a judge
wants on election day.

Somebody reached
out to him.

Peter Nicodos.

He didn't just throw darts
at the judges directory.

He must have had
some connection to Hynes.

Or his lawyer does.

I'll convene a grand jury
and subpoena Hynes' records.

Even if we can prove
Nicodos bribed Hynes,
it's a B Felony.

He can get a year.

Not much of a
consolation prize
for three murders.

We're not just running
for second
place here, Claire.

If he bribed the judge,
he can't hide behind
double jeopardy.

The Constitution
says he can.

I don't think
the Constitution protects
rigged trials.

Find the bribe.
We'll make the argument.

I talked to the AG's office
and to the Ethics Committee.

They've never had a complaint
about Nicodos' attorney.

Well, I ran his name
through AJIS,
and I talked to OCCB.

Nothing.
I mean, the guy squeaks
when he walks.

A defense lawyer?
That'd be a first.

Then it's a first.

I cross-referenced
him with Hynes.

They've never even
been in the same
courtroom until Nicodos.

And speaking of, we're not
having much luck putting
him together with Hynes.

Different hobbies,
different tailors,
different alumni clubs.

Different generations.
What about his parents?

File's pretty thin
on Peter Nicodos Sr.

You know, I saw something
in here, some bequest
from the family business...

Yeah, "To Yale, in memory
of Peter Nicodos Sr.,
class of 1955."

What, that does
something for you?

Plenty. Hynes went to Yale.

Yeah, here,
Edgar Hynes,
Class of '55.

So he and Nicodos Sr.
drank from the
same keg 40 years ago.

You think he'd go
to the wall for one
of his frat brother's kids?

If the price is right.
What about his
bank records?

Just a lot of red ink.

A month ago, Hynes took out
a second mortgage on
his house in Sand's Point.

Six hundred grand.
Here, take a look
at this interest rate.

Five percent, fixed.

I had to get
on my knees just for a
seven percent adjustable.

It gets better.
According to the documents,

he only has about
a 200,000 equity
in the house.

I don't see how this guy
qualifies for anything
beyond a car loan.

Yeah, I've heard of friendly
bankers, but this
sounds like love.

What did Fitzgerald write?

"The very rich
are different
from you and me"?

That goes for their loans.

Judge Hynes received
a preferential rate

that we reserve for our
important customers.

Well, Gatsby would be
an important customer.

I've seen Judge Hynes'
bottom line. He's hardly
in the same league.

We made our
own determination.

What convinced you?

His debts or the fact
that he has virtually
no equity?

Maybe there was a shortfall,
but we are entitled
to make character loans.

I really don't need to
justify our banking procedures
to you, Ms. Kincaid.

You'd rather justify them
to a grand jury?

I can make a phone call
and schedule you
for this afternoon.

The important customer
was Elaine Nicodos.

Her family's been
banking with us
for many years.

She spoke to you
about this loan?

She asked us to treat
Judge Hynes as
a most favored customer.

Give him the loan
at cost.

Our accountants
ran the numbers.

He'll be saving
a little over
$300,000 in interest.

Counting the $600,000
you loaned him,
that's quite a gift.

Let's say I got the sense
that if we didn't go along,

Mrs. Nicodos would close
her accounts and take
her business elsewhere.

That we couldn't afford.

So, they keep their money
in the same bank.

So do a million other people.

Those people don't
have Mrs. Nicodos
to scratch their backs.

I had no idea she
spoke to the bank.

When you saw
the mortgage papers,
what did you think?

It was bargain day
at the savings and loan?

I only saw this woman once

at a class reunion
15 years ago
with her husband.

I've done nothing improper.

Edgar...

No, no, this is lunacy.
It's a vendetta.

Adam.

Get rid of him.

Edgar, are you sure...

He's sure.

Turn that off.

Adam, you of all
people know this is
absolute garbage.

Don't insult me, Edgar.

You believe it?

I personally
authorized the warrant.

How could you?

You're a judge,
for heaven's sake.

Think of your oath.

I thought after 35 years,
you'd give me
the benefit of the doubt.

The hell with the 35 years.

You betrayed your office.

I couldn't think about that.

I was being killed
by the divorce.

Everything I worked for, Adam.
She was getting it all.

But I...

I needed the money.

Adam, can you help me here?

You're going
to prison, Edgar.

Where and for how long
is up to you.

Well, tell me what
to do, I'll cooperate.

Elaine Nicodos came
to me for help.

She said that
she would square things
with the bank.

If you let her son
take a walk
on three murders.

Adam, they have
so much money.

They would have
beaten it anyway.

Hardly the point.

You sent
your troops to arrest
a woman

in front of her
own grandchildren.

And for what? Bribery?

Anybody ever tell you
you're a sore loser, McCoy?

Only when I lose,
Mr. Rothenberg.

We have a statement
from the loan manager,

and we have one
from Judge Hynes.

Don't fault Edgar Hynes.

He just took pity
on an old widow.

Judge Hynes won't be the only
officer of the court facing
charges, Mr. Rothenberg.

I'd start thinking
about a second career.

Let me make something
very clear, Mr. McCoy.

No one else knew.

Not Mr. Rothenberg,
and certainly not Peter.

Mrs. Nicodos, you don't seem
to realize the seriousness
of your actions.

I used my influence
to save the son I have left.

The son I might
have neglected.

It's the least
I can do for him.

Go on, punish me.

But Mr. Rothenberg
tells me you can't
do anything to Peter.

That's all I care about.

Don't be so sure
your son is out
of the woods.

I'm reinstating
the murder charges
and ordering his arrest.

What part of double jeopardy
don't you understand?

I'm well acquainted with it,
Mr. Rothenberg,
and it doesn't scare me.

Double jeopardy
was written into
the Constitution

to protect citizens
from repeated attempts by
the State to convict them.

Finality of acquittal
is the essence
of that guarantee.

The Founding Fathers never
intended double jeopardy
to go to the highest bidder.

But it was their intent
that the State get only
one bite at the apple.

One fair bite.

Fair is a four-letter
word when it comes
to the Constitution.

The deck is deliberately
stacked in favor
of individual rights.

There is no individual right
to profit from illegal acts.

But you're asking this court
to deny one of our most
closely held protections.

Your Honor, jeopardy
never attached at
this defendant's trial

for the simple reason
that he never was in jeopardy.

The judge was bribed.
The fix was in.

Point well taken.

Your Honor,
to allow these charges
to stand

penalizes my
client for the actions
of a third party.

He had no knowledge
of this alleged bribe.

He comes into court
with clean hands.

It's irrelevant.

The outcome was
predetermined.

The process was corrupted.

The defendant
cannot profit from it.
Your Honor...

I've heard
the arguments,
Mr. Rothenberg.

Double jeopardy
may be sacred,

but not at the expense
of the integrity of the
criminal justice system.

The motion to dismiss
is denied and
the charges will stand.

You kick the system,
Mr. Nicodos,

don't be surprised
when it turns around
and bites you.

Don't imagine for a second
that this is the end
of the road, McCoy.

We plan to pursue this
all the way to
the Supreme Court.

It's a free country.

I'll get started on our
briefs just as soon
as we convict your client.

Claire, signal the guard
that Mr. Nicodos is ready
to return to Rikers.

There was an offer
on the table.

Nothing less
than a full sentence.

Right. Murder two,
three counts,
concurrent sentences.

After 25, he takes
his chances with
the parole board.

Your final word?

Then we have nothing
left to talk about.

As for Mrs. Nicodos,
I plan to seek the maximum
time under the statutes.

In practical terms,
that's 25 years,
but I'll settle for half.

Is that what you want
for your children,
Mr. Nicodos?

To visit their grandmother
in the geriatric ward
at Bedford Prison?

Peter,
he's blowing smoke.

Mr. McCoy, I'll accept
your offer if you drop the
charges against my mother.

Peter, no!
We can fight
this in court.

Mr. McCoy?

Mr. McCoy,
don't listen to him.

Peter, I won't
allow you to do this.

You're not going to jail.

Mr. McCoy, do we
have a deal or not?

You got around
double jeopardy.

You climbed Everest
in your shorts
on a very cold day.

Good work.

As long as we stayed
out of Appellate Court.

With their bankroll,
sooner or later they
would have creamed us.

Yes?

Thank you.

They found Edgar Hynes

on the beach
at Sand's Point,

a gunshot to the head.

Bring that over here.