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NARRATOR:
In the criminal justice system
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the people are represented by two
separate yet equally important groups,
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the police
who investigate crime
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and the district attorneys
who prosecute the offenders.
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These are their stories.
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MAUREEN: A lot of young
men like you in my work.
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Boys everyone gave up on.
But they turned their lives around.
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So can you, Fernando. I can help you.
I want to help you.
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SALVA: Get out of the car.
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No, wait.
Listen to me.
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Think of all the people you're going to hurt.
Your family. You'll ruin their lives.
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SALVA: Come on.
Come on, move.
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No, please.
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Look at the picture.
Look at my little babies. Come on.
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I love them so much.
I love their father.
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Please, don't take me away from him.
Come on!
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No! No, I don't want to die!
Let go!
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No, stop!
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Shut up! Don't talk.
Oh, please!
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For the love of God,
don't kill me!
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Let go! Turn around.
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Please, just stop and think, Fernando.
You're making a terrible mistake.
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Just stop and think.
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Leave that here.
Turn around!
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Move!
"Hail Mary,
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"full of grace, the Lord is with thee.
Come on, move!
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"Blessed art thou among women, Shut up!
Don't talk!
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"Blessed is the fruit
of thy womb, Jesus."
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Turn around.
Turn around!
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Victim is a female, white, late 30s.
No ID, no purse.
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The guy in the Armani found her.
He owns the lot.
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He wants us out of here before
the TV cameras show up.
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And what's that
bivouac down there?
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Bunch of homeless. I got a couple
of people canvassing for witnesses.
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A suspect would be nice, too.
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Hey, Kenny,
what are we looking at?
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Posterior cranial fracture.
Sometime between 9:00 and 12:00 last night.
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A dump job?
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No, Lennie. Look at
the dirt on her shoes.
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She walked here. Still got her
wedding band, watch, earrings.
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Could be a sex thing.
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No evidence of that.
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The skirt was pulled down
like this to cover her legs?
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Mmm-hmm.
And the sweater was over her face.
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Maybe the perp didn't
want her catching cold.
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Yeah, right. I'll get out
a warrant for my mother.
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Look at the inscription.
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"October 3rd,
1982. Forever."
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Guess again.
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I kept telling him, don't
jeopardize our friendship.
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Besides, he's not my type. Now, Mr.
Giuliani, that's a handsome man.
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Well, I don't know if we
can help you there, Sally.
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The Mayor is married.
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Oh, that's okay,
I'm not jealous.
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So, getting back to last night.
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I'm pushing my wagon
down the road
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and out of nowhere, Enzo Ferrari comes at me.
Nearly runs me over.
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Do you remember what
kind of car it was?
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One of them sushi rolls.
Put a nice ding in my wagon.
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You see that tan paint?
Got to get in touch with his insurance company.
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BRISCOE: Did you get
a look at him?
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Too dark, but I saw his plate.
New York, with an M and a 2.
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Tell CSU we're gonna
need them down here.
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Sally, we're gonna lift some of
that tan paint off of your wagon.
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Sure, but can you do
something about those dings?
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Textbook whack upside the head.
Didn't kill her right away, though.
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Took her another 20 minutes.
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So, she bled out.
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And you said he was
just a pretty face.
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Scalp lacerations suggest a narrow weapon.
A pipe or a steel bar.
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No other injuries.
No sexual trauma.
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What about recreational trauma?
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Mmm.
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No needle marks. Drug panel is negative.
She was clean, well groomed.
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She's had kids.
More than one.
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Definitely not one of your
12th Avenue regulars.
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Yeah. No better off,
though.
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Thanks.
Mmm-hmm.
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The paint on the shopping cart gives
us a late-model Nissan sedan.
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DMV is running
the partial plate.
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CURTIS: We spent half the day
at Missing Persons.
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You wouldn't believe how many
wives, girlfriends and daughters
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go missing in this city.
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The victim's face
and legs were covered?
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Postmortem. I've never seen that.
Usually perps take clothes off.
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But this one felt bad about
leaving her out in the open.
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Someone close.
A husband or a boyfriend.
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Yeah, who runs over little
old ladies in his Nissan.
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I'll go check with DMV.
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Close the door.
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How is he?
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Sharp as a tack.
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He going to his meetings?
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(CHUCKLING) Ask him.
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I did. Now
I'm asking you.
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He says he is.
I don't get a note from his sponsor.
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If there's going to be a problem,
I want to know about it.
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So, I pass?
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It's her job to ask.
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Yeah. It's my own
fault anyway.
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Come on, Lennie.
Nobody is perfect.
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Nobody?
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DMV just faxed this.
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Twenty-seven Nissans with an
M and a 2 on their plates.
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Check out the '95 Maxima
in the middle of the page.
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Registered to lan Rankin of Queens.
Friend of yours?
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I looked at GTA reports.
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The car was stolen last night,
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and Mr. Rankin made the
report this morning.
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Thanks, Gia.
Sure.
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BRISCOE: Hi. Is
lan Rankin at home?
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He'll be here this afternoon.
He's flying back from California.
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He reported a car stolen?
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No, I did. I'm their babysitter.
You found it?
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No. What about Mrs.
Rankin?
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She didn't come home last night.
She teaches night school.
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I called Mr. Rankin in California.
He told me to call the police.
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But they said she
wasn't a missing person
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until she's been
missing for a day.
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Okay, wait, wait.
Slow down.
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What's your name?
Susan. Susan Bayer.
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So, I called Mr. Rankin back.
He told me to report the car stolen.
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He said the police pay more
attention to cars than people.
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What does Mrs. Rankin
look like?
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Uh, my height, light
brown hair, hazel eyes.
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Okay, Susan, we're going
to have to ask you
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to come down to the station
if you wouldn't mind, okay?
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What about the kids?
I can't leave them here alone.
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And Mr. Rankin will...
We'll take the kids with us,
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and we'll send somebody out to the
airport to pick Mr. Rankin up. Okay?
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How about it, kid?
You want to ride around in a police car?
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(GASPING) It's her.
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She called me during
her break, around 8:30.
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She said she was going to stop for
gas and then come right home.
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Was she planning to
stop anywhere else?
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She's always home
by 11:00.
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Even when Mr. Rankin is
out of town on business?
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These people aren't like that.
They love each other.
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They really do.
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We have a problem.
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(CRYING) She's dead, isn't she?
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I don't want to be here.
Why are we here?
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GIRL: Mommy!
I want my mommy!
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Why can't I talk to her?
I want my mommy!
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Hey, hey, hey.
It's going to be all right.
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Your daddy is coming
to take you home. Yes.
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The unit at JFK just called.
I want my mommy! I want my mommy!
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They're bringing
Mr. Rankin in.
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It's okay. Daddy is coming.
He's going to take you home.
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She's been teaching
adult education for a year.
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She used to teach high school,
but they had cutbacks.
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I kept telling her to quit.
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Why's that?
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I make a good living.
But Maureen loved teaching.
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She was always trying to improve
herself, better her skills.
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She... You know, she taped her classes,
she took those public speaking courses.
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Was she having any problems
with anybody?
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No. She never
said anything.
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VAN BUREN: She taught
high school equivalency?
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She must have had some real
characters in her class.
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Oh, sure. About
what you'd expect.
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Any of them ever
give her trouble?
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I don't know. I went
to a graduation with her.
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Some of her students were
ex-cons, ex-drug addicts.
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They all stopped to thank her.
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I was really proud of
her for what she did.
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I have to get back to my kids.
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Hey, that was Rankin's school.
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Security guard last saw her walking
to her car in the parking lot.
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They're going to fax over a
list of students and teachers.
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What, on the off chance that one
of them had a beef with Rankin?
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We'll split them up
between Gia and Profaci.
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You two follow Rankin's tracks.
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The sitter said she
stopped to get some gas.
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Eight sales?
That hardly pays for the squeegees.
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Accounting is not my major.
Music. Juilliard.
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That's why I took this job.
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You know how hard it is
to get a practice room?
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These eight customers,
any of them a tan Nissan?
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No. No tan cars.
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Anybody look like this?
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No. No women, either.
Excuse me.
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I don't know, maybe she was grabbed
in the school parking lot.
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Well, assuming our perp had brains
enough to read a gas gauge,
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maybe he stopped for gas.
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CURTIS: She would have been
in a Nissan sedan.
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I know Cadillac, Rolls
Royce, Mercedes, Lincoln.
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The others all look the same.
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Okay, this was a tan,
four-door.
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Oh, yes, yes, yes.
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Came in right after 11:00.
A young man. Spanish.
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He bought $5 worth of petrol.
He made me very nervous.
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00:10:05,535 --> 00:10:06,763
Nervous?
Why is that?
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00:10:06,781 --> 00:10:08,749
He went behind the station.
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00:10:09,593 --> 00:10:11,254
Not for very long.
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The dumpster.
Yup.
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00:10:18,317 --> 00:10:21,115
Rey, anything moves in there,
I'm backing you up.
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00:10:21,066 --> 00:10:22,693
Hey, there's room
for two here, Lennie.
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00:10:22,696 --> 00:10:25,823
Well, if I'd have brought some gloves,
I'd be right in there with you.
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00:10:26,913 --> 00:10:30,508
Hey, what's this?
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00:10:35,159 --> 00:10:36,751
Maureen Rankin.
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00:10:38,067 --> 00:10:41,093
CURTIS: Latent already went through this.
The purse was wiped clean.
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00:10:41,039 --> 00:10:45,066
BRISCOE: All her credit cards are
accounted for, plus $46 and some change.
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00:10:45,705 --> 00:10:48,538
Her husband said she
recorded her classes.
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00:10:49,476 --> 00:10:51,273
So, where's the tape?
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00:10:51,969 --> 00:10:54,597
No tape was found
on or near the body.
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00:10:59,702 --> 00:11:05,072
We got six unmatched pairs of shoes,
dozen panties, condoms by the bucketful.
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00:11:04,911 --> 00:11:06,708
Sounds like the back
of my first car.
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00:11:06,701 --> 00:11:07,827
LT!
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00:11:11,239 --> 00:11:12,638
Right here.
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00:11:15,873 --> 00:11:17,568
Looks like the real deal.
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00:11:17,566 --> 00:11:19,625
Yeah, with a footprint on it.
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00:11:23,894 --> 00:11:25,121
MAUREEN ON TAPE:
The American Revolution
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00:11:25,172 --> 00:11:29,302
was a revolution of the middle
class against unfair taxation.
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00:11:29,198 --> 00:11:31,166
That goes on for
about 20 minutes.
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00:11:31,979 --> 00:11:33,947
(TAPE FAST-FORWARDING)
Then,
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00:11:34,662 --> 00:11:35,959
we get this.
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00:11:36,197 --> 00:11:40,031
MAUREEN: Please, let me pull over.
I'll get out. You just take the car.
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00:11:39,936 --> 00:11:40,925
SALVA: Shut up.
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00:11:40,959 --> 00:11:42,586
I won't tell
the police. I swear.
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00:11:42,588 --> 00:11:43,919
I'll say I found
the car stolen.
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00:11:43,931 --> 00:11:46,525
Shut your mouth
and keep driving.
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00:11:46,487 --> 00:11:47,749
That's the end of the tape.
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00:11:47,766 --> 00:11:49,961
VAN BUREN: What about
the other side?
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00:11:56,330 --> 00:11:59,322
MAUREEN: I've got four kids.
What's going to happen to them?
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00:11:59,271 --> 00:12:01,364
I got no choice.
You do, Fernando.
227
00:12:01,348 --> 00:12:03,646
You can get out of the car
right now and walk away.
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00:12:03,617 --> 00:12:04,606
Shut up.
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00:12:04,639 --> 00:12:05,970
You won't get
away with it.
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00:12:05,982 --> 00:12:09,179
You know, up in Belmont, with
a new car, people will talk.
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00:12:09,114 --> 00:12:10,103
Shut up!
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00:12:10,136 --> 00:12:12,604
You'll shame your
grandmother, your fiancée.
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00:12:12,565 --> 00:12:14,328
There's no Fernando
in her class.
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00:12:14,322 --> 00:12:17,223
You heard her.
He's from Belmont. Find him.
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00:12:23,047 --> 00:12:24,604
I did the area four times.
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00:12:24,612 --> 00:12:27,206
No tan Nissans with that
plate number or without.
237
00:12:27,169 --> 00:12:30,935
Okay, he was seen putting gas into the car.
We think he's a local.
238
00:12:30,972 --> 00:12:32,963
Mmm. No, sorry.
239
00:12:33,304 --> 00:12:37,263
Listen, when I'm in the work zone,
all I see are expired meters.
240
00:12:37,395 --> 00:12:40,125
You don't even see the
tenderonis buffing their rides.
241
00:12:40,079 --> 00:12:42,013
No, let me get this one.
It's on me. Oh!
242
00:12:41,997 --> 00:12:43,589
Here you go.
All right.
243
00:12:43,595 --> 00:12:46,496
Well, we'll just have to count
this as our first date.
244
00:12:46,439 --> 00:12:49,237
Okay, see you later.
(LAUGHING) All right.
245
00:12:50,721 --> 00:12:54,179
So, besides raising the cholesterol
count at the parking bureau,
246
00:12:54,109 --> 00:12:55,167
this is a waste of time.
247
00:12:55,195 --> 00:12:56,219
Hey, speak for yourself.
248
00:12:56,251 --> 00:12:57,240
(CELL PHONE RINGING)
249
00:12:59,094 --> 00:13:00,322
Curtis.
250
00:13:01,363 --> 00:13:02,523
Good. Stay on it.
251
00:13:03,569 --> 00:13:05,059
Eight blocks away, Lennie.
252
00:13:06,125 --> 00:13:08,616
Halfway down the block,
on the right side.
253
00:13:08,586 --> 00:13:10,281
I've been watching it
for half an hour.
254
00:13:10,280 --> 00:13:12,248
No one has come near it.
255
00:13:14,115 --> 00:13:16,811
No, no. We're looking for a tan Nissan.
That one is black.
256
00:13:16,767 --> 00:13:18,234
Besides, the plates
aren't even close.
257
00:13:18,237 --> 00:13:20,228
Those plates are for a Chevy.
258
00:13:20,219 --> 00:13:22,880
I did a walk-by.
The paint job is new.
259
00:13:23,413 --> 00:13:26,109
Gold star, Wheeler.
We make a collar, it's yours.
260
00:13:26,066 --> 00:13:27,055
All right, radio in.
261
00:13:27,088 --> 00:13:30,148
Tell them we want two plainclothes units
on either end of the street, all right?
262
00:13:31,083 --> 00:13:35,213
I thought I saw some bromo in here.
That pizza is making a comeback.
263
00:13:35,558 --> 00:13:37,321
Here.
264
00:13:37,315 --> 00:13:38,304
Oh, thanks.
265
00:13:40,031 --> 00:13:43,865
Jeez, Rey, I didn't start carrying
this stuff around till I turned 40.
266
00:13:44,282 --> 00:13:47,308
Hey, once when I was young, I
boosted a car with some friends.
267
00:13:47,254 --> 00:13:49,245
Drove it around till
we ran out of gas.
268
00:13:49,235 --> 00:13:52,796
Never got caught, but I had
stomach cramps for a month.
269
00:13:52,718 --> 00:13:53,946
Catholic guilt.
270
00:13:53,965 --> 00:13:55,865
So, what are you
guilty about this month?
271
00:13:55,850 --> 00:13:58,375
This come with
a confession attached?
272
00:13:59,493 --> 00:14:01,085
Hey, Lennie.
273
00:14:02,114 --> 00:14:03,513
This is Unit Four.
Hit it.
274
00:14:03,520 --> 00:14:04,680
MAN O VER RADIO: Roger, Four.
275
00:14:09,177 --> 00:14:12,578
Police. Step out of the car.
Lady, don't even get in. Come on around here.
276
00:14:12,500 --> 00:14:13,762
What are you doing?
Put your hands on the roof.
277
00:14:13,779 --> 00:14:15,440
Don't worry about it.
Put your hands on the roof.
278
00:14:16,112 --> 00:14:17,443
For your own safety, ladies,
279
00:14:17,454 --> 00:14:20,480
just keep your hands on the roof, please.
It's the Rankins' car.
280
00:14:20,426 --> 00:14:23,189
It's my car.
I got the papers in the glove box.
281
00:14:27,424 --> 00:14:30,052
It's registered to Salvatore Terra.
Look on the other side.
282
00:14:31,706 --> 00:14:33,469
It's signed over
to Anna Galvez.
283
00:14:33,464 --> 00:14:37,093
That's me. This is my mother.
Terra sold me the car. It's mine.
284
00:14:37,778 --> 00:14:41,373
Okay, thanks.
DMV never heard of Terra.
285
00:14:43,818 --> 00:14:44,978
How much longer
do we have to wait?
286
00:14:45,000 --> 00:14:46,467
I got to take
my mother to work.
287
00:14:46,470 --> 00:14:49,371
First, you're gonna tell us how
you happen to own that car.
288
00:14:50,210 --> 00:14:54,271
I got it two days ago from an ad at the
bodega on Prospect. It was all legal.
289
00:14:54,173 --> 00:14:55,401
What did the ad say?
290
00:14:55,962 --> 00:15:00,092
It had a beeper number. This guy Sal
called me back and brought the car around.
291
00:14:59,989 --> 00:15:03,481
Is this him? He also goes
by the name of Fernando.
292
00:15:04,208 --> 00:15:08,235
No. Terra had a moustache.
He said he was moving back to San Juan.
293
00:15:08,138 --> 00:15:11,198
I gave him $1,500 and
he gave me the papers.
294
00:15:11,941 --> 00:15:13,966
So, what are you going
to do with my car?
295
00:15:13,955 --> 00:15:16,753
The car is stolen, Ms. Galvez.
It's going back to the legal owner.
296
00:15:16,703 --> 00:15:20,763
Stolen? That's impossible! He showed me his ID.
He had the registration.
297
00:15:20,984 --> 00:15:23,179
I never had a car before.
I thought it was okay.
298
00:15:23,157 --> 00:15:25,352
Hey, you help us find him,
maybe you get your money back.
299
00:15:25,330 --> 00:15:27,025
You still have
his beeper number?
300
00:15:27,024 --> 00:15:28,457
No, I threw it away.
301
00:15:28,462 --> 00:15:31,295
I can't believe you're taking my car.
It's not fair.
302
00:15:31,243 --> 00:15:33,768
My daughter spent all her
savings on that car.
303
00:15:33,735 --> 00:15:37,193
Really? Talk to the owner.
Let him tell you what it cost him.
304
00:15:37,122 --> 00:15:39,386
You get their phone number
and walk them home.
305
00:15:42,843 --> 00:15:45,107
You know, somehow I don't
think that registration
306
00:15:45,081 --> 00:15:47,606
just walked itself out the
front door of the DMV.
307
00:15:47,573 --> 00:15:50,303
We check theft reports,
maybe we find a thief.
308
00:15:52,718 --> 00:15:56,848
It's real simple, Marty.
You tell us who you sold registrations to,
309
00:15:56,744 --> 00:15:59,076
we talk to the D.A.
About your sentence.
310
00:15:59,046 --> 00:16:01,139
So he admits he sold
stolen registrations.
311
00:16:01,219 --> 00:16:03,380
(SCOFFS) That will impress
the appellate court.
312
00:16:03,360 --> 00:16:04,827
What, an appeal?
313
00:16:04,830 --> 00:16:07,230
Who do you think you are?
Claus von Bülow?
314
00:16:07,195 --> 00:16:10,596
I don't know what Alan dirt-for-brains here
told you, but you don't stand a chance.
315
00:16:10,519 --> 00:16:11,816
We're finished
talking. Marty.
316
00:16:11,829 --> 00:16:13,922
Sit down.
Take a seat.
317
00:16:14,865 --> 00:16:19,268
She had four little kids.
This bag of scum killed their mother.
318
00:16:19,147 --> 00:16:20,341
Marty, don't say a word.
319
00:16:20,360 --> 00:16:23,454
Hey, you're looking at
two-and-a-half-to-five, Marty.
320
00:16:23,396 --> 00:16:25,762
You really want to do
the whole nickel?
321
00:16:25,730 --> 00:16:27,698
You know, I want to do the
right thing here. Marty...
322
00:16:27,679 --> 00:16:30,307
For those kids and
all that, you know.
323
00:16:31,195 --> 00:16:36,462
Victor Driscoll. I sold him 20 cards.
He works out of The Firefly in Crotona.
324
00:16:37,203 --> 00:16:39,831
You guys are going to talk
to the D.A., right?
325
00:16:39,791 --> 00:16:41,554
First chance we get.
326
00:16:45,703 --> 00:16:48,263
Watch it, I got
very sensitive skin.
327
00:16:48,228 --> 00:16:49,695
Get over there.
328
00:16:52,990 --> 00:16:53,979
Ah!
329
00:16:54,811 --> 00:16:56,210
What's this?
330
00:16:56,217 --> 00:16:59,380
Green cards, one for everybody
in the Third World.
331
00:16:59,317 --> 00:17:01,717
I didn't get a good
look at those badges.
332
00:17:01,683 --> 00:17:04,208
You INS? We're Homicide, Mr.
Driscoll.
333
00:17:04,175 --> 00:17:07,076
Whoa! Whoa!
I am not a violent man.
334
00:17:07,338 --> 00:17:09,533
Check my sheet. Ask
around the neighborhood.
335
00:17:09,511 --> 00:17:11,604
I'm an artist,
I make documents.
336
00:17:11,589 --> 00:17:15,150
Well, this document is a straight shot
between you and a dead woman, see?
337
00:17:15,392 --> 00:17:17,519
What are you talking about?
338
00:17:17,501 --> 00:17:19,024
Is that yours?
339
00:17:20,505 --> 00:17:22,302
I say yes, I'm admitting to a crime.
340
00:17:22,294 --> 00:17:24,489
Say no, see what happens.
341
00:17:24,850 --> 00:17:27,546
Okay, okay. Sure,
it's one of mine.
342
00:17:28,110 --> 00:17:30,510
I sold it three days ago
to some no-name Latin kid.
343
00:17:31,114 --> 00:17:32,479
This Latin kid?
344
00:17:33,191 --> 00:17:34,215
Pretty close.
345
00:17:34,886 --> 00:17:36,945
He gave me the right
references and 500 bucks.
346
00:17:36,931 --> 00:17:38,865
He just walked in
off the street?
347
00:17:38,848 --> 00:17:41,646
I'm known in the community.
I make a quality product.
348
00:17:42,332 --> 00:17:45,495
He didn't want any problems because
the car was for his fiancée.
349
00:17:46,231 --> 00:17:48,597
I already told you.
I saw the ad in the bodega.
350
00:17:48,563 --> 00:17:50,554
Well, you must have been
the only one who saw it,
351
00:17:50,544 --> 00:17:52,409
because nobody else
remembers it.
352
00:17:52,398 --> 00:17:55,060
Well, maybe I was the first one who
saw it and I took it home with me.
353
00:17:55,019 --> 00:18:00,252
Good answer. But tell me something,
where does a girl like you get $1,500?
354
00:18:00,100 --> 00:18:02,398
I saved it
from my quinceañera.
355
00:18:02,369 --> 00:18:06,772
Got to admit, she's quick, Rey.
Fernando is marrying himself a handful.
356
00:18:06,651 --> 00:18:08,710
The only Fernando I know used
to pitch for the Dodgers.
357
00:18:08,696 --> 00:18:11,859
Well, this Fernando told the guy who
forged the registration for him
358
00:18:11,797 --> 00:18:14,061
that he stole the car
for his fiancée.
359
00:18:14,034 --> 00:18:15,831
And that implicates you
in a murder, sweetheart.
360
00:18:15,823 --> 00:18:18,120
I bought the car
with my own money.
361
00:18:18,091 --> 00:18:19,319
Did you hear what I said?
362
00:18:19,338 --> 00:18:22,330
You're up to your little patootie
in a death penalty case.
363
00:18:22,277 --> 00:18:25,769
You talk to us now, or you're going
to spend your honeymoon on death row.
364
00:18:28,477 --> 00:18:30,877
My Anna didn't do
anything wrong.
365
00:18:30,970 --> 00:18:34,269
Mrs. Galvez, we have
a sound tape of the crime.
366
00:18:34,198 --> 00:18:38,498
We know the killer's name.
We know he lives in Belmont with his grandmother.
367
00:18:38,384 --> 00:18:41,444
Doesn't that sound like
your daughter's fiancé?
368
00:18:41,708 --> 00:18:44,142
She doesn't know
anyone like that.
369
00:18:44,712 --> 00:18:48,011
Let me tell you about your
future son-in-law, Mrs. Galvez.
370
00:18:47,940 --> 00:18:50,238
That woman he left
in the field?
371
00:18:50,209 --> 00:18:53,007
First he violated her,
then he killed her.
372
00:18:53,916 --> 00:18:57,443
They didn't say that on the news.
You're lying!
373
00:18:59,253 --> 00:19:01,744
I'm a cop.
I don't lie.
374
00:19:02,161 --> 00:19:05,494
There are certain details we don't
release to the public, Mrs. Galvez,
375
00:19:05,420 --> 00:19:08,719
out of concern for the victim's
family, for her children.
376
00:19:08,648 --> 00:19:10,240
CURTIS: Here, take a look
at the pictures.
377
00:19:10,247 --> 00:19:12,340
See for yourself how
he brutally raped her.
378
00:19:12,323 --> 00:19:13,756
Go ahead, open it.
379
00:19:13,762 --> 00:19:15,696
Look at what kind of monster
your daughter is going to marry.
380
00:19:15,679 --> 00:19:17,339
Go ahead, open it.
381
00:19:17,372 --> 00:19:19,203
(MURMURING IN SPANISH)
382
00:19:22,965 --> 00:19:24,728
It's Fernando Salva.
383
00:19:26,033 --> 00:19:30,197
He lives on 188th Street with
his grandmother, Rosa Citrone.
384
00:19:30,954 --> 00:19:33,787
He told Anna he bought
the car for her.
385
00:19:34,597 --> 00:19:36,895
She's innocent, I swear to you.
386
00:19:38,848 --> 00:19:41,817
She doesn't mind a murderer
in the family, but a rapist?
387
00:19:41,756 --> 00:19:43,621
I'll grab a couple of guys
to help with the arrest.
388
00:19:43,609 --> 00:19:45,804
It's gonna take more than a couple.
Trust me.
389
00:19:52,270 --> 00:19:53,601
This is it.
390
00:19:55,402 --> 00:19:57,029
Police, open up!
391
00:20:00,323 --> 00:20:01,950
Police, open up!
392
00:20:04,158 --> 00:20:06,319
We've got a warrant
for Fernando Salva.
393
00:20:07,610 --> 00:20:10,875
Nando no here.
I don't see Nando one week now.
394
00:20:10,805 --> 00:20:11,794
(SPEAKING SPANISH)
395
00:20:11,828 --> 00:20:13,318
I'm the grandmother.
Yeah, well, listen, Grandma.
396
00:20:13,330 --> 00:20:16,127
Your grandson is in a lot of trouble.
You understand?
397
00:20:16,077 --> 00:20:18,409
Now, if you see him,
give us a call.
398
00:20:19,401 --> 00:20:21,869
All right, thanks, fellas.
Let's get out of here.
399
00:20:24,482 --> 00:20:26,848
Okay, so you were right.
He wasn't here. Now what?
400
00:20:26,815 --> 00:20:28,783
There's a great pizza place a
couple of blocks from here.
401
00:20:28,765 --> 00:20:31,256
I want to try
their turkey sausage.
402
00:20:31,896 --> 00:20:35,798
We tried the turkey and the ham, we
had two cannolis apiece. Can we go?
403
00:20:35,699 --> 00:20:37,633
Salva's people had to give
him the all clear by now.
404
00:20:37,617 --> 00:20:39,278
Yeah, let's do it.
405
00:20:42,411 --> 00:20:43,469
(WOMAN INQUIRING
IN SPANISH)
406
00:20:43,498 --> 00:20:45,295
(SPEAKING SPANISH)
407
00:20:45,447 --> 00:20:47,210
(WOMAN CHATTERING
IN SPANISH)
408
00:20:47,204 --> 00:20:48,193
(GASPS)
409
00:20:49,090 --> 00:20:50,387
Stand up.
410
00:20:50,432 --> 00:20:51,865
Hey, hey, don't run!
411
00:20:51,871 --> 00:20:53,463
BRISCOE: Rey! Rey,
he's going outside!
412
00:20:56,089 --> 00:20:57,454
Where are you going?
413
00:20:58,869 --> 00:21:00,598
BRISCOE:
Don't even breathe!
414
00:21:03,567 --> 00:21:07,867
Fernando Salva, you're under arrest
for the murder of Maureen Rankin.
415
00:21:07,753 --> 00:21:10,415
You have the right to remain silent.
Anything you do say
416
00:21:10,374 --> 00:21:12,842
can and will be used against
you in a court of law.
417
00:21:12,803 --> 00:21:14,064
You have the right
to an attorney.
418
00:21:15,934 --> 00:21:20,098
CLERK: " Case number 661254.
People v. Fernando Salva.
419
00:21:19,992 --> 00:21:22,893
"Murder in the First Degree,
Robbery in the First Degree."
420
00:21:22,836 --> 00:21:23,996
What is your plea,
Mr. Salva?
421
00:21:26,000 --> 00:21:27,900
Not guilty.
No bail, Your Honor.
422
00:21:27,886 --> 00:21:30,184
The People want Mr. Salva
remanded to custody.
423
00:21:30,155 --> 00:21:32,214
Your Honor, Mr. Salva
has no record,
424
00:21:32,200 --> 00:21:35,499
he has lived in the same apartment with
his grandmother since the age of 10.
425
00:21:35,427 --> 00:21:37,987
And he kills people.
This is a capital charge.
426
00:21:37,952 --> 00:21:41,217
Mr. Salva killed a total stranger, a
mother of four, to steal her car.
427
00:21:41,148 --> 00:21:45,244
Unlike my young colleague, I believe
in litigation before incarceration,
428
00:21:45,143 --> 00:21:46,542
as did the Founding Fathers.
429
00:21:46,549 --> 00:21:48,881
U.S. V. Salerno. There's no
constitutional right to bail.
430
00:21:48,850 --> 00:21:50,044
In the State of New York...
431
00:21:50,064 --> 00:21:51,622
The New York Appellate
Division ruled similarly
432
00:21:51,630 --> 00:21:55,760
in People ex. Rel. Shapiro v.
Keeper of City Prisons. I prepared a brief.
433
00:21:56,296 --> 00:22:00,062
Keeper of City Prisons.
I haven't heard that cite since law school.
434
00:21:59,971 --> 00:22:03,964
Your Honor, my client fulfills all
the customary standards for bail.
435
00:22:03,870 --> 00:22:05,428
I may not have
prepared a brief...
436
00:22:05,436 --> 00:22:07,461
You should have,
Mr. Mercer.
437
00:22:07,450 --> 00:22:09,281
The defendant is remanded
to custody.
438
00:22:09,654 --> 00:22:11,417
(BANGS GAVEL) Next.
439
00:22:17,803 --> 00:22:19,634
You're taking the Salva case.
440
00:22:19,625 --> 00:22:23,152
Salva will plead out.
An answering machine can handle it.
441
00:22:23,779 --> 00:22:26,339
Nothing on the front page
of The Post is that easy.
442
00:22:26,303 --> 00:22:27,770
You'll need a second chair.
443
00:22:27,774 --> 00:22:29,799
I'm doing fine on my own.
444
00:22:29,787 --> 00:22:33,655
You're not getting paid all that money
to look up cases in the library.
445
00:22:33,558 --> 00:22:36,857
If I need somebody, I can borrow
Crocker for the afternoon.
446
00:22:36,785 --> 00:22:38,309
Crocker.
447
00:22:39,406 --> 00:22:40,668
What do you know
about Jamie Ross?
448
00:22:40,684 --> 00:22:44,484
Not much. She used to work
at Gorton and Steinhart.
449
00:22:44,392 --> 00:22:46,155
She was married to Neal Gorton.
450
00:22:46,628 --> 00:22:48,186
She asked to stay on the case.
451
00:22:48,194 --> 00:22:50,389
She's been in the office
for less than six months.
452
00:22:50,368 --> 00:22:53,565
She's had five years as a
criminal defense attorney.
453
00:22:53,499 --> 00:22:55,330
Eight homicide trials,
seven acquittals.
454
00:22:55,321 --> 00:22:58,552
And a kid in day care.
I need somebody who can put in the late hours.
455
00:22:58,485 --> 00:23:00,316
To watch the answering machine?
456
00:23:00,306 --> 00:23:02,274
I like her.
So will you.
457
00:23:15,582 --> 00:23:16,844
We're presenting the Salva case
458
00:23:16,860 --> 00:23:18,953
to the grand jury
this afternoon.
459
00:23:20,151 --> 00:23:22,551
I prepared the slip.
It's my first capital case.
460
00:23:22,516 --> 00:23:25,246
I wanted to make sure
I dotted all the I's.
461
00:23:25,968 --> 00:23:28,334
It's fine. Just amend it
to murder two.
462
00:23:29,227 --> 00:23:31,787
Murder in furtherance of
a robbery is murder one.
463
00:23:31,752 --> 00:23:35,188
The statute reads, " With intent to
cause the death of another person."
464
00:23:35,108 --> 00:23:37,599
Salva bashed Rankin's head
in and left her for dead.
465
00:23:37,569 --> 00:23:38,797
His intent couldn't
have been clearer.
466
00:23:38,815 --> 00:23:40,942
It would be if he
had used his gun.
467
00:23:40,924 --> 00:23:43,620
I didn't realize I was still in the
business of arguing the defense's case.
468
00:23:43,577 --> 00:23:46,045
We're in the business of proving
things beyond a reasonable doubt.
469
00:23:46,006 --> 00:23:49,305
We can prove murder two, depraved
indifference, without breaking a sweat.
470
00:23:49,233 --> 00:23:52,634
So, give the jury the option
with a lesser included charge.
471
00:23:52,557 --> 00:23:56,459
I don't mind breaking a sweat if at the
end of the day we put Salva's lights out.
472
00:23:56,359 --> 00:23:59,192
An eye for an eye?
No. One worthless life
473
00:23:59,140 --> 00:24:00,937
for the six he destroyed.
474
00:24:00,930 --> 00:24:04,229
You heard the tape. She showed him
pictures of her kids, for God's sake.
475
00:24:04,157 --> 00:24:08,218
A good emotional argument.
It doesn't prove the prima facie case.
476
00:24:08,120 --> 00:24:10,020
I'm surprised. I mean,
with all due respect,
477
00:24:10,006 --> 00:24:12,701
you witnessed Mickey Scott's execution
and went right back to work.
478
00:24:12,912 --> 00:24:14,277
I haven't gone soft,
Ms. Ross.
479
00:24:14,287 --> 00:24:17,620
I can believe in the death penalty
without being sanguine about it.
480
00:24:17,547 --> 00:24:20,038
Well, don't temper your
enthusiasm on my account.
481
00:24:21,030 --> 00:24:23,123
This is not a capital case.
482
00:24:29,052 --> 00:24:32,488
Well, I've seen this evidence
of yours, Mr. McCoy.
483
00:24:33,014 --> 00:24:35,414
No prints on
the purse. No gun.
484
00:24:36,115 --> 00:24:39,084
And there's the member
of our Hindu community
485
00:24:39,022 --> 00:24:41,422
who can tell a Brahman
bull from a Guernsey,
486
00:24:41,387 --> 00:24:45,517
but can't tell what kind of car it was
that my client was allegedly driving.
487
00:24:45,414 --> 00:24:48,042
Mr. Mercer...
And then there is Victor Driscoll.
488
00:24:48,002 --> 00:24:49,492
Counterfeiter.
489
00:24:49,792 --> 00:24:53,626
What can we say about him that hasn't
already been said by a dozen parole boards?
490
00:24:53,531 --> 00:24:56,364
We have the victim's own
identification on tape.
491
00:24:57,846 --> 00:25:00,576
My turn to have a brief
handy, Ms. Ross.
492
00:25:01,296 --> 00:25:03,025
Motion to suppress.
493
00:25:05,420 --> 00:25:09,322
Tough to suppress the fact that the
car was in his fiancée's possession.
494
00:25:09,222 --> 00:25:11,781
Well, then charge her
with the carjacking.
495
00:25:11,746 --> 00:25:12,735
What?
496
00:25:12,769 --> 00:25:14,566
Oh, no, it's a lawyer's joke, son.
497
00:25:15,389 --> 00:25:17,721
He's very much
in love with her.
498
00:25:17,914 --> 00:25:20,348
Mr. McCoy,
Ms. Ross.
499
00:25:24,465 --> 00:25:28,401
Mercer's arguing that the tape can't
be authenticated. Is that right?
500
00:25:30,282 --> 00:25:34,616
Well, I compared the voiceprints from
Salva and the voice on the tape.
501
00:25:34,500 --> 00:25:36,400
It's a 20 to 40% match.
502
00:25:36,897 --> 00:25:39,593
Well, 100 would be good,
but I'd settle for 60 to 80.
503
00:25:40,252 --> 00:25:44,154
Well, you have a muffled microphone,
too much background noise,
504
00:25:44,535 --> 00:25:48,232
not to mention the tape
was ground into the mud.
505
00:25:48,593 --> 00:25:50,356
They cleaned up a tape that
went through a plane crash
506
00:25:50,351 --> 00:25:51,875
and sat in a Florida
swamp for two weeks.
507
00:25:51,885 --> 00:25:54,376
This tape wasn't encased
in a steel box.
508
00:25:54,346 --> 00:25:57,110
You write 40% on your report,
and no jury will ever hear it.
509
00:25:57,062 --> 00:25:59,155
I'm not perjuring myself.
510
00:25:59,139 --> 00:26:02,802
I'm just asking you to be a little bit
more aggressive in your conclusions.
511
00:26:03,390 --> 00:26:06,291
Expert defense witnesses
do that, Ms. Ross.
512
00:26:11,090 --> 00:26:15,083
MERCER: The voice can't be conclusively
identified as my client's.
513
00:26:14,990 --> 00:26:19,689
And we don't have the victim to authenticate
when or where this tape was made.
514
00:26:19,559 --> 00:26:22,221
We don't need Mrs. Rankin
to authenticate.
515
00:26:22,181 --> 00:26:23,773
People v. Brown allows
the admission
516
00:26:23,778 --> 00:26:26,645
of a spontaneous description
of events as they occur.
517
00:26:26,590 --> 00:26:31,459
That's fine if Mrs.
Rankin had physically described my client,
518
00:26:31,320 --> 00:26:33,652
but all they have is a voice.
519
00:26:33,621 --> 00:26:38,718
She elicited from Mr. Salva his first
name, where he lives and with whom.
520
00:26:38,926 --> 00:26:40,791
Under People v.
McGee, that's enough to authenticate.
521
00:26:40,907 --> 00:26:44,104
And if he had
identified himself as Jack,
522
00:26:44,039 --> 00:26:46,769
a lawyer living alone
on the West Side?
523
00:26:47,235 --> 00:26:51,228
No, the only thing the tape proves
is that the killer knew my client.
524
00:26:51,134 --> 00:26:55,230
I have a cite here,
People v. Theriault.
525
00:26:55,129 --> 00:26:57,825
Theriault supports admitting
tape recorded conversations.
526
00:26:57,781 --> 00:27:02,241
Yes. It also sets a standard
for admissibility.
527
00:27:03,502 --> 00:27:06,164
"A mere self-serving
statement of identity
528
00:27:06,122 --> 00:27:09,249
"by a person whose voice
is unknown to the listener
529
00:27:09,605 --> 00:27:11,766
"is insufficient
authentication."
530
00:27:11,874 --> 00:27:12,932
Let me see that.
531
00:27:13,440 --> 00:27:16,773
What possible motive would he
have to lie about his identity?
532
00:27:16,699 --> 00:27:17,757
He knew he was
going to kill her.
533
00:27:17,786 --> 00:27:20,687
I'm sorry, Mr. McCoy.
It's on point.
534
00:27:21,429 --> 00:27:23,522
You need Mrs. Rankin
to authenticate.
535
00:27:23,506 --> 00:27:26,600
If she were available, Your
Honor, we wouldn't be here.
536
00:27:26,542 --> 00:27:29,375
It's absurd. His client
benefits from killing.
537
00:27:29,323 --> 00:27:33,157
That's enough. I'm ruling for the motion.
The tape is out.
538
00:27:33,956 --> 00:27:35,651
Thank you very much,
Your Honor.
539
00:27:37,727 --> 00:27:41,788
Abe Mercer. Ten years ago,
he was a broken-down valise.
540
00:27:41,690 --> 00:27:45,091
Bad divorce, partners
suing him, ethics review.
541
00:27:45,014 --> 00:27:48,415
If Doc Gooden can rise from
the dead, why not Abe Mercer?
542
00:27:48,337 --> 00:27:50,032
With a little help
from Judge Scarletti.
543
00:27:50,031 --> 00:27:51,328
Spilled milk.
544
00:27:51,342 --> 00:27:55,438
Half the time he makes idiotic
rulings in our favor.
545
00:27:55,687 --> 00:27:57,655
There still a case here?
546
00:27:57,637 --> 00:28:00,105
Without the tape, it's the
Bulls without Jordan.
547
00:28:00,066 --> 00:28:03,661
Yeah, well, seven-and-a-half-to-15
is better than nothing.
548
00:28:03,581 --> 00:28:06,345
Put on your game face
and talk to Mercer.
549
00:28:06,298 --> 00:28:08,765
In his shoes, I'd take
a chance with a jury.
550
00:28:08,725 --> 00:28:12,525
Yeah, well, Scarletti will
take the hit in the press,
551
00:28:12,433 --> 00:28:15,334
and a month from now
it'll be "Fernando who?"
552
00:28:17,546 --> 00:28:19,639
(KNOCKING ON DOOR)
JACK: Come in.
553
00:28:19,623 --> 00:28:21,488
Jack, you got a minute?
554
00:28:24,385 --> 00:28:27,877
This is Chuck Rodman with the U.S.
Attorney's in the Southern District.
555
00:28:28,603 --> 00:28:30,503
Chuck and I went to
Columbia together.
556
00:28:30,489 --> 00:28:32,684
I told him about
the Salva case.
557
00:28:32,662 --> 00:28:37,531
Yeah. Jamie tells me you might have to
take a plea and you're not happy about it.
558
00:28:37,966 --> 00:28:40,400
I appreciate your stopping
in to commiserate.
559
00:28:41,067 --> 00:28:43,433
Well, I can offer more
than my sympathies.
560
00:28:44,134 --> 00:28:46,568
We'd like to take
the case off your hands.
561
00:28:46,532 --> 00:28:48,591
Under the federal
anti-carjacking statutes,
562
00:28:48,577 --> 00:28:51,375
we don't need to prove that Mr.
Salva intended to kill Mrs. Rankin
563
00:28:51,325 --> 00:28:53,486
in order to seek
the death penalty.
564
00:28:53,466 --> 00:28:55,730
U.S. V. Holloway.
I'm familiar with the ruling.
565
00:28:55,703 --> 00:28:58,001
Then you're also aware that the
federal standards for authentication
566
00:28:57,972 --> 00:29:00,031
are much broader
than New York's.
567
00:29:00,017 --> 00:29:01,314
They can get the tape back in.
568
00:29:02,159 --> 00:29:03,456
It's forum shopping.
569
00:29:04,300 --> 00:29:08,201
I did the research. Collateral
estoppel won't prevent a federal judge
570
00:29:08,102 --> 00:29:09,797
from revisiting
Scarletti's decision.
571
00:29:09,796 --> 00:29:12,026
We can practically
guarantee a conviction.
572
00:29:12,608 --> 00:29:14,235
And an execution.
573
00:29:15,133 --> 00:29:18,864
That would make a nice pair of
antlers to hang on your wall.
574
00:29:19,607 --> 00:29:22,440
I'll think about it.
(EMPHATICALLY) The Feds have a stronger case.
575
00:29:23,314 --> 00:29:24,804
I said I'd think about it.
576
00:29:25,263 --> 00:29:27,731
Thanks for coming in,
Mr. Rodman.
577
00:29:31,048 --> 00:29:32,242
Right.
578
00:29:40,507 --> 00:29:44,238
Stacking sandbags.
You learn that from Neal Gorton?
579
00:29:45,812 --> 00:29:49,077
No, I learned what defense
attorneys are capable of.
580
00:29:49,008 --> 00:29:51,306
Mercer is halfway
to an acquittal.
581
00:29:51,277 --> 00:29:54,405
We lose in state court and
the Feds can't touch Salva.
582
00:29:54,345 --> 00:29:56,711
He's going to be free because we
passed up on this opportunity.
583
00:29:56,678 --> 00:29:58,145
Think how that will play
in the media.
584
00:29:58,148 --> 00:30:00,412
No wonder Adam likes you.
585
00:30:00,385 --> 00:30:02,285
The case is dead in the water.
586
00:30:02,271 --> 00:30:03,499
According to you.
587
00:30:05,338 --> 00:30:08,671
You seem to think that you're the
only capable attorney in this office.
588
00:30:08,597 --> 00:30:11,725
I have known Chuck Rodman for 10 years.
I don't see what the problem is.
589
00:30:11,666 --> 00:30:13,600
I don't like end-runs.
590
00:30:13,583 --> 00:30:15,915
You want to bring in the
Feds, you talk to me first.
591
00:30:15,884 --> 00:30:17,317
So, this is a pissing contest?
592
00:30:17,321 --> 00:30:19,516
I thought if Salva gets the
maximum, everybody wins.
593
00:30:19,494 --> 00:30:23,055
In my office, we don't hand
off the ball, we run with it.
594
00:30:23,362 --> 00:30:26,354
Maureen Rankin was killed
in our jurisdiction!
595
00:30:27,516 --> 00:30:30,508
Prosecuting her killer
is our responsibility!
596
00:30:37,679 --> 00:30:41,137
We tossed Salva's apartment
and his fiancée's. No gun.
597
00:30:41,066 --> 00:30:42,829
The car was repainted.
598
00:30:42,824 --> 00:30:46,089
I read in a forensics textbook last night
that paint has unique characteristics.
599
00:30:46,020 --> 00:30:49,080
Right. You can match it up
to the manufacturer.
600
00:30:49,024 --> 00:30:51,754
So, if we knew who in Salva's
neighborhood uses this paint,
601
00:30:51,708 --> 00:30:53,573
that might lead us
to another witness.
602
00:30:53,946 --> 00:30:58,144
Well, not that we didn't think of that,
but the lab says they're all backed up.
603
00:30:59,058 --> 00:31:00,719
Would a call from
the judge's clerk help?
604
00:31:03,947 --> 00:31:05,608
Consider it done.
605
00:31:06,983 --> 00:31:08,211
See you.
606
00:31:08,549 --> 00:31:09,641
Bye.
607
00:31:11,074 --> 00:31:13,008
Lot to be said for
pretty faces, Lennie.
608
00:31:14,781 --> 00:31:18,808
Marino's Titanium Black?
You're talking about a very popular color.
609
00:31:18,712 --> 00:31:19,770
Everybody carries it.
610
00:31:19,798 --> 00:31:23,632
Yeah, well, here in Belmont, everybody
is you and two other places.
611
00:31:23,537 --> 00:31:24,970
And we checked out
their invoices.
612
00:31:24,976 --> 00:31:26,671
They've been out of that
color for over a month.
613
00:31:26,669 --> 00:31:30,867
Look, you painted that car, eh, Mr.
Cervantes? That's destroying evidence.
614
00:31:30,760 --> 00:31:32,591
Maybe even accessory to murder.
615
00:31:32,581 --> 00:31:34,344
(LAUGHING NERVOUSLY) What?
616
00:31:35,426 --> 00:31:36,586
This is a joke.
617
00:31:36,608 --> 00:31:38,769
Oh, you think that's funny?
Well, just for laughs,
618
00:31:38,749 --> 00:31:41,047
maybe we'll close your place
down for a couple of weeks
619
00:31:41,018 --> 00:31:42,610
while we investigate.
620
00:31:42,616 --> 00:31:45,847
Hey, look, I just let Salva
use my shop after hours,
621
00:31:46,259 --> 00:31:48,454
but I didn't know it had anything
to do with any stolen car.
622
00:31:48,433 --> 00:31:49,525
You saw him with the car?
623
00:31:49,551 --> 00:31:53,351
No. I lent him the keys.
He used to work for me.
624
00:31:53,801 --> 00:31:56,599
He came by about a week before.
Then his girlfriend stopped by.
625
00:31:56,550 --> 00:31:58,916
CURTIS: What for?
To pick out the color.
626
00:31:59,586 --> 00:32:02,487
She thought that Titanium
Black sounded sexy.
627
00:32:03,963 --> 00:32:05,191
The paint is an exact match,
628
00:32:05,209 --> 00:32:08,337
but Cervantes can't put him
together with the car.
629
00:32:08,278 --> 00:32:10,303
Not exactly a smoking gun.
630
00:32:10,291 --> 00:32:11,986
No, you had the smoking gun.
631
00:32:11,984 --> 00:32:14,350
Which was left in a muddy
field for three days.
632
00:32:14,317 --> 00:32:15,750
I guess our screw-up
was finding it.
633
00:32:15,755 --> 00:32:16,847
Rey, cool it.
Come on.
634
00:32:16,874 --> 00:32:18,899
The counselor is right.
We messed up.
635
00:32:18,887 --> 00:32:20,855
Group effort, Detective.
636
00:32:22,210 --> 00:32:24,337
If Salva walks,
we're all in for it.
637
00:32:25,566 --> 00:32:27,659
Unless we turn his fiancée.
638
00:32:28,314 --> 00:32:30,714
As far as I know, they haven't
canceled the wedding.
639
00:32:30,680 --> 00:32:33,774
She picked out the paint color three
days before the car was stolen.
640
00:32:33,715 --> 00:32:35,182
She knew what Salva was up to.
641
00:32:35,537 --> 00:32:37,334
It's enough to make her
an accomplice.
642
00:32:38,701 --> 00:32:40,726
At least for a grand jury.
643
00:32:41,002 --> 00:32:43,470
Pick her up.
The charge is murder.
644
00:32:46,020 --> 00:32:47,180
MERCER: This is
getting out of hand.
645
00:32:47,202 --> 00:32:51,571
Next, you'll be warming a bed down the
geriatric ward for his grandmother.
646
00:32:51,452 --> 00:32:54,353
You can't get me,
so you go after the women.
647
00:32:54,712 --> 00:32:57,272
That make you feel like you got
something between your legs?
648
00:32:58,035 --> 00:33:01,800
It doesn't give me the same rise you
got from killing Maureen Rankin.
649
00:33:02,636 --> 00:33:05,901
If you want to spare your fiancée,
you know exactly what to do.
650
00:33:05,832 --> 00:33:07,993
He's not admitting to anything.
651
00:33:07,973 --> 00:33:09,167
What about you,
Ms. Galvez?
652
00:33:09,187 --> 00:33:10,347
She's not talking either.
653
00:33:10,370 --> 00:33:13,931
JACK: Ms. Galvez, unless you want to
go down the same drain as Mr. Salva,
654
00:33:13,854 --> 00:33:16,379
I advise you to
get your own lawyer.
655
00:33:20,405 --> 00:33:24,171
I don't understand what's taking so long.
I mean, you have the right guy, don't you?
656
00:33:24,400 --> 00:33:25,765
Yes, we do.
657
00:33:27,436 --> 00:33:30,599
I see him on television with his lawyer,
that superior look on his face,
658
00:33:30,535 --> 00:33:32,298
and I wanna just...
659
00:33:33,891 --> 00:33:35,256
I want that punk
dead, Ms. Ross,
660
00:33:35,266 --> 00:33:37,325
and I want to do it
myself, you know?
661
00:33:38,845 --> 00:33:41,177
I hate what this
is doing to me.
662
00:33:42,647 --> 00:33:47,607
I understand that feeling, Mr.
Rankin, but he's not your responsibility.
663
00:33:48,304 --> 00:33:50,204
We'll take care of him.
664
00:33:58,883 --> 00:34:01,077
Somebody will call you as
soon as we have a trial date.
665
00:34:01,054 --> 00:34:04,046
I appreciate that.
Thank you.
666
00:34:09,044 --> 00:34:13,708
The part of the job they don't train you for.
Looks like you handled it well.
667
00:34:13,870 --> 00:34:15,895
It's not hard once you
identify with their hate.
668
00:34:16,010 --> 00:34:17,102
What?
669
00:34:18,311 --> 00:34:21,769
Neal and I had a client.
James Carper.
670
00:34:23,201 --> 00:34:24,691
A sex murderer.
671
00:34:26,173 --> 00:34:28,141
While the D.A. Is describing
the crime to the jury,
672
00:34:28,122 --> 00:34:31,683
Carper gets an erection Barnum and
Bailey could have pitched a tent on.
673
00:34:32,500 --> 00:34:35,264
I threw my coat over his lap
so the jury wouldn't notice.
674
00:34:35,952 --> 00:34:38,011
I remember the case.
Carper walked.
675
00:34:37,997 --> 00:34:41,455
Yeah, even though his DNA
was all over the crime scene.
676
00:34:43,206 --> 00:34:46,972
Neal built his practice on the
infallibility of DNA evidence.
677
00:34:46,881 --> 00:34:51,909
Then he met Carper's trust fund.
New tune, DNA is unreliable.
678
00:34:52,571 --> 00:34:54,095
The jury acquits.
679
00:34:54,680 --> 00:34:56,944
And three months later,
Carper killed again.
680
00:34:59,281 --> 00:35:02,478
I believe in monsters and things
that go bump in the night, Jack.
681
00:35:03,946 --> 00:35:07,109
May they rot in hell
along with their attorneys.
682
00:35:10,210 --> 00:35:12,701
I got a call from
Marcy Wrightman.
683
00:35:13,758 --> 00:35:16,818
As of this morning, she
represents Anna Galvez.
684
00:35:18,167 --> 00:35:20,397
Looks like the wedding is off.
685
00:35:24,911 --> 00:35:26,708
I'm not going to bore
you with a lot of talk
686
00:35:26,700 --> 00:35:29,225
about soul-searching
and heartbreak.
687
00:35:30,568 --> 00:35:33,162
Anna spent a week in prison.
It was enough.
688
00:35:34,274 --> 00:35:35,901
We're listening,
Ms. Wrightman.
689
00:35:37,693 --> 00:35:40,628
Salva told her where he
hid the gun he used.
690
00:35:40,954 --> 00:35:43,320
She talks, she walks.
691
00:35:44,437 --> 00:35:47,736
Maybe you didn't read the case file.
Mrs. Rankin wasn't shot.
692
00:35:47,665 --> 00:35:50,964
He struck her with the butt.
All the evidence you need is on the gun.
693
00:35:51,211 --> 00:35:54,703
But first, all the charges
against Anna disappear.
694
00:35:54,632 --> 00:35:56,224
After she testifies in court.
695
00:35:56,229 --> 00:35:58,389
(SCOFFS) No way.
696
00:35:58,370 --> 00:36:00,736
I'm not talking against
Fernando to his face.
697
00:36:00,702 --> 00:36:03,796
I'll tell you where the
gun is, but that's it.
698
00:36:09,012 --> 00:36:10,536
Okay, deal.
699
00:36:11,248 --> 00:36:14,308
Provided the gun conclusively
links Salva to the murder.
700
00:36:15,627 --> 00:36:17,185
BRISCOE: He makes a wrong
turn with that hook,
701
00:36:17,192 --> 00:36:20,286
somebody sitting on the john
is in for a big surprise.
702
00:36:20,228 --> 00:36:23,322
I can think of nicer ways of
getting goosed in the morning.
703
00:36:24,032 --> 00:36:26,125
Got it.
704
00:36:31,190 --> 00:36:34,489
The grip panel is cracked.
That could be hair.
705
00:36:35,536 --> 00:36:37,970
It's Rankin's hair and
blood and Salva's prints.
706
00:36:37,933 --> 00:36:40,925
Tell Scarletti's clerk
we're ready for trial.
707
00:36:43,142 --> 00:36:46,600
From Mercer, about the gun.
708
00:36:48,671 --> 00:36:51,765
He's moving to suppress
on a claim of privilege.
709
00:36:52,825 --> 00:36:53,814
(SNORTS)
710
00:36:57,107 --> 00:37:00,439
The People's knowledge
of the gun's whereabouts
711
00:37:00,367 --> 00:37:05,771
came as a result of a privileged
communication between my client and myself.
712
00:37:05,608 --> 00:37:08,668
Our information came
from his client's fiancée.
713
00:37:08,867 --> 00:37:13,327
Mr. Salva and his fiancée, Ms.
Galvez, were conferring with me
714
00:37:13,213 --> 00:37:16,410
when Mr. Salva disclosed
where he had hidden the gun.
715
00:37:16,345 --> 00:37:20,008
People v. Osorio, when a
client communicates with his attorney
716
00:37:19,924 --> 00:37:21,391
in the presence
of a third party,
717
00:37:21,395 --> 00:37:22,953
it's assumed he's
waived privilege.
718
00:37:22,961 --> 00:37:24,952
Yes, it is.
719
00:37:24,942 --> 00:37:30,209
But at the time, I was both Mr.
Salva and Ms. Galvez's attorney.
720
00:37:30,055 --> 00:37:34,151
The communication was made for the
purpose of mounting a common defense.
721
00:37:34,050 --> 00:37:36,109
It's privileged.
Your Honor, for all we know,
722
00:37:36,096 --> 00:37:39,224
Mr. Salva told his fiancée
about the gun over dinner.
723
00:37:39,163 --> 00:37:40,528
I direct your attention,
Your Honor,
724
00:37:40,538 --> 00:37:45,134
to the supporting affidavits
from Mr. Salva and Ms. Galvez
725
00:37:45,011 --> 00:37:47,980
attesting to the time and place
the communications occurred.
726
00:37:47,919 --> 00:37:51,548
Your Honor, these affidavits
can't be taken at face value.
727
00:37:51,563 --> 00:37:54,657
They're self-serving, and in one
case, it may have been coerced.
728
00:37:54,599 --> 00:37:55,827
An outrageous accusation.
729
00:37:55,845 --> 00:37:59,109
Calm down, Mr. Mercer.
I'm granting your motion.
730
00:37:59,935 --> 00:38:01,425
The gun is out.
731
00:38:02,236 --> 00:38:05,603
You didn't think to mention that
there might be a privilege problem?
732
00:38:05,527 --> 00:38:06,926
She didn't tell me.
733
00:38:06,934 --> 00:38:09,596
She didn't know it made a difference
when Salva told her about the gun.
734
00:38:09,554 --> 00:38:10,578
And you didn't ask?
735
00:38:10,609 --> 00:38:14,443
I assumed it was between bouts
of heavy breathing. So did you.
736
00:38:14,635 --> 00:38:16,159
So, shoot us both.
737
00:38:16,170 --> 00:38:17,535
She'll have to take the stand.
738
00:38:17,543 --> 00:38:19,602
She'd rather eat ground glass.
Forget it.
739
00:38:20,292 --> 00:38:22,590
Use your powers of persuasion.
740
00:38:22,561 --> 00:38:23,653
Absolutely not.
741
00:38:24,191 --> 00:38:27,251
You agreed to a plea. We held up our end.
We gave you the gun.
742
00:38:29,784 --> 00:38:33,220
You renege, try cutting a
deal in this town again.
743
00:38:33,459 --> 00:38:34,653
See you.
744
00:38:35,823 --> 00:38:39,691
Your credibility is not a boomerang.
Give it up, it doesn't come back.
745
00:38:40,106 --> 00:38:41,767
One defendant is not worth it.
746
00:38:41,767 --> 00:38:44,235
We lost the tape.
We lost the gun.
747
00:38:44,835 --> 00:38:46,894
I'm starting to doubt
the Constitution, Adam.
748
00:38:46,881 --> 00:38:50,373
Well, gotta move to Montana.
Live on a compound.
749
00:38:50,300 --> 00:38:51,528
(KNOCKING ON DOOR)
750
00:38:52,058 --> 00:38:53,719
You'll love this.
751
00:38:54,168 --> 00:38:58,069
Twelve years ago, Marcy Wrightman
shared an office with Abe Mercer.
752
00:38:58,321 --> 00:38:59,310
Where did you learn this from?
753
00:38:59,344 --> 00:39:00,504
A process server.
754
00:39:00,526 --> 00:39:02,892
Back then, Wrightman went
by her maiden name, Fletcher.
755
00:39:02,859 --> 00:39:08,491
Oh, yes. Marcy Fletcher.
They shared more than an office.
756
00:39:09,665 --> 00:39:12,828
Son of a bitch.
Mercer played us.
757
00:39:12,766 --> 00:39:14,358
He sent Ms. Galvez
to cut a deal
758
00:39:14,363 --> 00:39:15,728
knowing the gun
wouldn't get in.
759
00:39:16,218 --> 00:39:17,845
He got her off the hook,
but we'll never prove it.
760
00:39:17,847 --> 00:39:19,280
Not to sound like
a broken record...
761
00:39:19,285 --> 00:39:21,276
I'm not giving up on Salva.
762
00:39:23,408 --> 00:39:25,638
The gun can't be used
against Mr. Salva,
763
00:39:25,612 --> 00:39:27,705
but it can be used
against your client.
764
00:39:27,690 --> 00:39:29,317
We have a deal.
765
00:39:29,320 --> 00:39:33,586
With the State of New York, not
with the United States Government.
766
00:39:34,657 --> 00:39:36,386
JACK: Mr. Rodman,
this is Anna Galvez,
767
00:39:36,383 --> 00:39:40,046
and this is her attorney,
Marcy Fletcher Wrightman.
768
00:39:39,962 --> 00:39:42,362
Mr. Rodman is with
the U.S. Attorney's Office.
769
00:39:43,765 --> 00:39:44,993
What's going on here?
770
00:39:47,983 --> 00:39:50,577
This letter cedes
jurisdiction to the Feds.
771
00:39:50,539 --> 00:39:53,975
Ms. Galvez, you and your boyfriend
will be prosecuted in federal court.
772
00:39:53,896 --> 00:39:57,729
Mr. Rodman assures me the tape
will be admitted into evidence.
773
00:39:57,634 --> 00:40:02,071
Both of you will face the death penalty
under the anti-carjacking statute.
774
00:40:01,948 --> 00:40:02,937
It's not
Romeo and Juliet...
775
00:40:02,970 --> 00:40:04,494
Just because she knew
where the gun was
776
00:40:04,505 --> 00:40:05,870
doesn't make her an accomplice.
777
00:40:05,878 --> 00:40:07,903
I'd settle for one execution.
778
00:40:07,892 --> 00:40:09,086
What do you want from me?
779
00:40:09,106 --> 00:40:12,303
You take the stand against your
boyfriend, I tear up this letter.
780
00:40:14,315 --> 00:40:16,442
We need a moment alone here.
781
00:40:25,660 --> 00:40:28,288
So, what am I,
the dog or the pony?
782
00:40:28,632 --> 00:40:30,395
I don't know what
you're talking about.
783
00:40:30,422 --> 00:40:32,515
I blew off a staff meeting
to come here for this.
784
00:40:32,500 --> 00:40:35,298
Now, I came here in good faith and I
expected to leave with a capital case.
785
00:40:35,503 --> 00:40:36,902
I never promised you anything.
786
00:40:36,909 --> 00:40:40,037
Persona non grata, Jamie.
Your calls don't get returned.
787
00:40:46,752 --> 00:40:48,447
He'll get over it.
788
00:40:48,510 --> 00:40:49,738
(DOOR OPENING)
789
00:40:50,939 --> 00:40:56,171
Before she agrees to testify as to what Mr.
Salva told her about the crime,
790
00:40:56,690 --> 00:40:58,851
my client wants
an assurance from you.
791
00:40:59,535 --> 00:41:00,559
JACK: Yeah?
792
00:41:03,018 --> 00:41:05,043
I don't want my baby
to grow up without a father.
793
00:41:05,031 --> 00:41:06,692
I don't want Fernando
going away forever.
794
00:41:06,693 --> 00:41:08,456
You have to promise me
that he won't.
795
00:41:08,451 --> 00:41:10,783
Ms. Galvez, I'm sorry
about your situation,
796
00:41:10,752 --> 00:41:13,585
but the only way you can
help your boyfriend now
797
00:41:13,533 --> 00:41:16,627
is to keep Uncle Sam from
shoving a needle into his arm.
798
00:41:16,568 --> 00:41:18,559
You don't understand.
It's my fault.
799
00:41:18,550 --> 00:41:20,484
I made him promise
to get me a car
800
00:41:20,467 --> 00:41:23,459
so that I could take my mother
to work at night in Brooklyn.
801
00:41:23,407 --> 00:41:26,069
He has his pride.
He wanted to take care of me.
802
00:41:26,028 --> 00:41:28,963
He told you he was
planning to steal the car?
803
00:41:28,904 --> 00:41:33,000
Only after, when it was on the news.
He was so sick about it.
804
00:41:32,899 --> 00:41:36,198
That's why he didn't shoot her.
That's why he covered her up.
805
00:41:36,127 --> 00:41:40,587
He is not evil.
He did it for me because I wanted a car.
806
00:41:41,368 --> 00:41:46,271
Oh, God. I'm so sorry.
I'm so sorry it happened.
807
00:41:53,127 --> 00:41:56,460
SCARLETTI: For the record, the
jury having found Fernando Salva
808
00:41:56,386 --> 00:41:58,616
guilty of Murder in
the Second Degree,
809
00:41:58,592 --> 00:42:01,755
we are here for the purpose
of imposing sentence.
810
00:42:04,120 --> 00:42:05,644
Mr. McCoy, are you
ready to proceed?
811
00:42:07,731 --> 00:42:11,223
Your Honor, I renew my objection.
You excluded this tape...
812
00:42:11,152 --> 00:42:14,417
At trial.
It's being offered at this hearing
813
00:42:14,347 --> 00:42:16,679
not for its probative value,
814
00:42:16,648 --> 00:42:19,549
but as an aggravating
factor in sentencing.
815
00:42:20,387 --> 00:42:21,911
Now, sit down.
816
00:42:25,851 --> 00:42:28,376
MAUREEN ON TAPE: Fernando,
please, think about this.
817
00:42:28,345 --> 00:42:29,972
All the trouble
you'll get in.
818
00:42:29,975 --> 00:42:31,840
You'll regret it for
the rest of your life.
819
00:42:31,828 --> 00:42:33,796
SALVA: It's too late.
It don't matter.
820
00:42:33,777 --> 00:42:36,678
I've met a lot of young
men like you in my work.
821
00:42:36,622 --> 00:42:40,114
Boys everyone gave up on.
But they turned their lives around.
822
00:42:40,041 --> 00:42:44,478
So can you, Fernando. I can help you.
I want to help you.
823
00:42:44,356 --> 00:42:45,345
Get out of the car.
824
00:42:45,378 --> 00:42:46,970
No, wait.
Listen to me.
825
00:42:46,976 --> 00:42:49,308
Think of all the people
you're going to hurt.
826
00:42:49,277 --> 00:42:51,870
Your family.
You'll ruin their lives.
827
00:42:52,025 --> 00:42:53,856
Come on. Come on, move.
828
00:42:53,846 --> 00:42:54,870
No, please.
829
00:42:54,901 --> 00:42:56,994
Look at the picture.
Look at my little babies.
830
00:42:56,977 --> 00:42:58,740
I love them so much.
I love their father.
831
00:42:58,736 --> 00:43:00,761
Please, don't take me away from him.
Come on!
832
00:43:00,749 --> 00:43:02,649
No! No, I don't want to die!
Let go!
833
00:43:02,634 --> 00:43:03,658
No, stop!
834
00:43:03,688 --> 00:43:05,178
Shut up! Let go!
Please!
835
00:43:05,191 --> 00:43:06,180
For the love of God,
don't kill me!
836
00:43:06,213 --> 00:43:08,044
Let go!
Turn around.
837
00:43:08,482 --> 00:43:10,006
Please, just stop
and think, Fernando.
838
00:43:10,016 --> 00:43:11,040
You're making
a terrible mistake.
839
00:43:11,071 --> 00:43:12,231
Just stop and think.
840
00:43:22,736 --> 00:43:24,931
The People have nothing
further, Your Honor.
841
00:43:37,980 --> 00:43:40,073
The lab ran off a copy.
842
00:43:40,057 --> 00:43:41,081
Good.
843
00:43:42,070 --> 00:43:47,337
I'm leaving instructions to play it at
Salva's parole hearing 25 years from now.
844
00:43:48,590 --> 00:43:51,456
Makes you wonder how close she
came to walking away from it.
845
00:43:53,446 --> 00:43:55,243
She was dead the minute
he said, "Drive."
846
00:43:56,099 --> 00:43:57,532
Then why didn't he shoot her?
847
00:43:57,536 --> 00:43:58,867
The noise.
848
00:44:00,541 --> 00:44:03,271
So, you want to join me
for a club soda?
849
00:44:04,759 --> 00:44:06,727
Not tonight.
Rain check?
850
00:44:09,330 --> 00:44:14,666
You know, a few weeks before it
happened, she wanted to quit.
851
00:44:16,360 --> 00:44:18,260
I talked her out of it.
852
00:44:19,300 --> 00:44:22,599
Yeah, well, I could have
kept walking past that bar.
853
00:44:22,649 --> 00:44:27,199
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