1 00:00:00,000 --> 00:00:04,162 WWW.MY-SUBS.CO 1 00:00:00,876 --> 00:00:02,617 NARRATOR: In the criminal justice system 2 00:00:02,678 --> 00:00:06,558 the people are represented by two separate yet equally important groups, 3 00:00:06,615 --> 00:00:08,458 the police who investigate crime 4 00:00:08,517 --> 00:00:11,293 and the district attorneys who prosecute the offenders. 5 00:00:11,353 --> 00:00:12,798 These are their stories. 6 00:00:14,022 --> 00:00:16,559 I'm looking at numbers, Lieutenant Van Buren. 7 00:00:16,625 --> 00:00:18,730 Grand Theft Auto down 14%, 8 00:00:19,294 --> 00:00:21,069 Burglaries down 11%. 9 00:00:21,563 --> 00:00:24,806 You shut down a number of quality-of-life conditions in your precinct. 10 00:00:24,866 --> 00:00:25,936 Some excellent work. 11 00:00:26,001 --> 00:00:27,036 Thank you. 12 00:00:27,102 --> 00:00:30,140 Then I look at your clearance rate for homicides 13 00:00:30,205 --> 00:00:32,685 and a whole different picture emerges. 14 00:00:32,741 --> 00:00:35,449 Twenty-two percent below the Borough average. 15 00:00:35,510 --> 00:00:38,821 VAN BUREN: Well, we've had some tough ones the last couple of months. 16 00:00:39,047 --> 00:00:41,721 CHIEF: Come on, Lieutenant, talk to your Chief. 17 00:00:41,783 --> 00:00:43,421 What's the problem here? 18 00:00:43,485 --> 00:00:46,227 There's no problem, Chief. We just have to try harder. 19 00:00:46,288 --> 00:00:49,269 Unfortunately, that's not an adequate response. 20 00:00:49,324 --> 00:00:52,601 Well, I don't know what other response to give you, sir. 21 00:00:52,828 --> 00:00:55,604 Something along the lines of a guarantee is what we're looking for. 22 00:00:55,664 --> 00:00:58,668 If it means culling the cold case files, 23 00:00:58,734 --> 00:01:02,307 you get that clearance rate up or we'll make a guarantee. 24 00:01:02,604 --> 00:01:04,675 We'll guarantee you'll lose your command. 25 00:01:04,740 --> 00:01:06,344 FIRST DEPUTY: We can always find a place to transfer you 26 00:01:06,408 --> 00:01:08,547 where the pressure wouldn't be as great. 27 00:01:08,610 --> 00:01:10,146 CHIEF: Get the picture? 28 00:01:10,212 --> 00:01:11,589 Yes, Chief. 29 00:01:12,614 --> 00:01:13,922 ED: Here's one from 1992, 30 00:01:13,982 --> 00:01:15,962 suspect dropped dead from a heart attack, 31 00:01:16,018 --> 00:01:18,362 and the family of the victim moved back to Kurdistan. 32 00:01:18,420 --> 00:01:20,058 Why don't you put in for travel vouchers? 33 00:01:20,122 --> 00:01:22,602 See if they'll let us clear that one. 34 00:01:22,657 --> 00:01:24,102 This one's from '88. 35 00:01:24,159 --> 00:01:26,400 Homeless male Caucasian beaten to death 36 00:01:26,461 --> 00:01:28,463 in a steam tunnel underneath Grand Central. 37 00:01:28,530 --> 00:01:30,339 We oughta be able to home in on that perp, no problem. 38 00:01:30,399 --> 00:01:31,503 Yeah. 39 00:01:31,933 --> 00:01:35,210 Oh, here's one from '81 that Tommy Brannigan worked. 40 00:01:35,270 --> 00:01:37,250 Mmm, your old boss. Yeah. 41 00:01:37,506 --> 00:01:40,316 Marybeth Mosley was 16 years old. 42 00:01:40,375 --> 00:01:43,982 Beaten to death with a ratchet on West 92nd Street. 43 00:01:44,346 --> 00:01:47,850 Only suspect was a plumber whose wife provided alibi. 44 00:01:47,916 --> 00:01:49,953 Maybe 19 years later she changes her story? 45 00:01:50,085 --> 00:01:51,928 Hey, why don't you call your pal at the Daily News? 46 00:01:51,987 --> 00:01:54,263 They run a story about how the case is still unsolved. 47 00:01:54,322 --> 00:01:56,063 Maybe somebody pops out of the woodwork. 48 00:01:56,124 --> 00:01:57,398 Brannigan still with us? 49 00:01:57,459 --> 00:01:59,166 Yeah, he's retired. He lives out on the Island. 50 00:01:59,227 --> 00:02:00,570 You wanna take a ride? 51 00:02:51,113 --> 00:02:53,150 The Mosley case, huh? 52 00:02:53,215 --> 00:02:55,991 You guys must really be looking for something to do. 53 00:02:56,051 --> 00:02:58,463 Our boss needs to get her clearance rate up. 54 00:02:58,520 --> 00:03:00,796 So you go to a 20-year-old case. 55 00:03:00,856 --> 00:03:03,393 We were hoping the guy you liked might have a weak alibi. 56 00:03:03,458 --> 00:03:05,028 This would be the plumber? 57 00:03:05,093 --> 00:03:06,163 Uh-huh. Fred Jenks. 58 00:03:06,228 --> 00:03:07,400 The wife swore she was with him. 59 00:03:07,462 --> 00:03:09,738 Yeah, he was working on the house. 60 00:03:09,798 --> 00:03:10,936 Had a record. 61 00:03:10,999 --> 00:03:12,706 We sweated him as much as we could, 62 00:03:12,767 --> 00:03:14,246 but we didn't get anywhere. 63 00:03:14,302 --> 00:03:16,304 Tommy, is there anything you can think of 64 00:03:16,371 --> 00:03:17,611 that might help us out? 65 00:03:17,672 --> 00:03:20,118 Wife's looking to give him up, that's one thing. 66 00:03:20,175 --> 00:03:21,654 If she's not, 67 00:03:22,010 --> 00:03:24,217 I don't know what to tell you. 68 00:03:26,781 --> 00:03:29,762 Mosley, Marybeth. Initial here. 69 00:03:29,818 --> 00:03:31,525 Any loss or damage to the property 70 00:03:31,586 --> 00:03:33,930 is the sole responsibility of the signing officer. 71 00:03:33,989 --> 00:03:35,024 Sign over here. 72 00:03:35,090 --> 00:03:36,330 Where's the deceased's clothing? 73 00:03:36,391 --> 00:03:37,836 What you see is what we got. 74 00:03:37,893 --> 00:03:39,702 What about the murder weapon? 75 00:03:40,629 --> 00:03:42,768 Nineteen-inch drive ratchet. 76 00:03:43,365 --> 00:03:44,810 Maybe the D.A. held onto it, 77 00:03:44,866 --> 00:03:46,812 or the vouchering officer. 78 00:03:46,868 --> 00:03:49,849 Could be it was misplaced in the move from the old Property Room. 79 00:03:49,905 --> 00:03:51,145 Well before my time. 80 00:03:51,206 --> 00:03:53,413 What's the sign-out sheet say? 81 00:03:54,276 --> 00:03:55,482 It's not attached. 82 00:03:55,544 --> 00:03:56,648 How can that be? 83 00:03:56,711 --> 00:03:59,658 A 20-year-old case, Detective. Give me a break. 84 00:04:00,482 --> 00:04:03,156 Originally they liked the plumber, Jenks. 85 00:04:03,218 --> 00:04:05,630 He had access to the girl and he had a record. 86 00:04:05,687 --> 00:04:06,825 And an alibi. 87 00:04:06,888 --> 00:04:08,424 Yeah. His wife. 88 00:04:11,893 --> 00:04:14,840 Freddie and I split. It's three years this past Columbus Day. 89 00:04:14,896 --> 00:04:16,807 You told the detectives investigating your husband 90 00:04:16,865 --> 00:04:19,607 that he was with you the day the Mosley girl got killed? 91 00:04:19,668 --> 00:04:23,275 I got a job by Roosevelt Avenue and Main Street, 92 00:04:23,338 --> 00:04:25,443 going out to Bayside. Who's over there? 93 00:04:25,507 --> 00:04:27,783 Do you remember telling them he was with you? 94 00:04:27,842 --> 00:04:30,254 Yeah, I remember saying he was with me. 95 00:04:30,312 --> 00:04:32,792 We were buying that green velvet recliner 96 00:04:32,847 --> 00:04:34,121 I got in my basement. 97 00:04:34,182 --> 00:04:37,652 Car 214, are you gonna tell me you're not by Roosevelt Avenue? 98 00:04:37,719 --> 00:04:40,359 Ma'am, can you tell us where we can find your ex-husband? 99 00:04:40,422 --> 00:04:42,402 He's working in Chelsea. 100 00:04:43,291 --> 00:04:45,703 I shouldn't even be talking to you without my lawyer. 101 00:04:45,760 --> 00:04:47,865 Hey, it's your call. We can always come back. 102 00:04:47,929 --> 00:04:49,033 Just a couple of loose ends. 103 00:04:49,097 --> 00:04:50,167 Oh, loose ends. 104 00:04:50,232 --> 00:04:52,212 You guys never go away, do you? 105 00:04:52,267 --> 00:04:54,213 But the theory of the case back then 106 00:04:54,269 --> 00:04:56,510 was that she was killed by somebody who knew her. 107 00:04:56,571 --> 00:04:59,518 Which is why they focused on you and your yellow sheet. 108 00:04:59,574 --> 00:05:00,678 Focused? 109 00:05:00,742 --> 00:05:03,746 Frigging cops practically rented a space in my keester. 110 00:05:03,812 --> 00:05:05,723 Hey, you were working in the Mosley house 111 00:05:05,780 --> 00:05:06,952 at the time of the murder. 112 00:05:07,015 --> 00:05:08,995 I was working in the Mosley house 113 00:05:09,050 --> 00:05:10,893 on the day of the murder. 114 00:05:10,952 --> 00:05:12,192 At the time of the murder, 115 00:05:12,254 --> 00:05:15,064 I was with my wife buying a recliner. 116 00:05:15,123 --> 00:05:17,160 Wives can be pretty loyal. Even ex-wives. 117 00:05:17,659 --> 00:05:19,104 You want someone else? 118 00:05:19,160 --> 00:05:21,800 Johnny Estrada helped me move the recliner 119 00:05:21,863 --> 00:05:25,538 because my ex-wife (CHUCKLES) was too delicate. 120 00:05:26,201 --> 00:05:27,578 Go and ask him. 121 00:05:28,737 --> 00:05:31,877 Since the stroke, some things I know. 122 00:05:32,340 --> 00:05:35,844 My eldest went to Syracuse, to college, 123 00:05:36,478 --> 00:05:39,516 but I can't remember where he lives now. 124 00:05:39,948 --> 00:05:41,928 (SPEAKING SPANISH) 125 00:05:41,983 --> 00:05:44,395 (SPEAKING SPANISH) 126 00:05:44,452 --> 00:05:46,796 He knows. He just can't remember. 127 00:05:47,188 --> 00:05:49,395 Señor Estrada, you told the police 128 00:05:49,457 --> 00:05:52,301 that you were with Mr. Jenks around 7:00 129 00:05:52,360 --> 00:05:53,771 the night the girl was murdered? 130 00:05:53,828 --> 00:05:56,308 Whatever I said, it was the truth. 131 00:05:56,798 --> 00:05:58,937 Well, maybe just to help a friend, 132 00:05:59,000 --> 00:06:00,809 you shaved a few minutes, huh? 133 00:06:00,869 --> 00:06:04,612 No, sir, Fred Jenks is not a murderer 134 00:06:04,673 --> 00:06:06,619 and I am not a liar. 135 00:06:07,475 --> 00:06:12,356 A man does not go out to buy an easy chair 136 00:06:12,414 --> 00:06:15,486 after he has murdered a young girl. 137 00:06:16,384 --> 00:06:18,921 You worked in the Mosley apartment at the same time as Jenks? 138 00:06:18,987 --> 00:06:20,796 Yes. I was a painter. 139 00:06:20,855 --> 00:06:21,890 I know it was a long time ago, 140 00:06:21,956 --> 00:06:24,232 but is there anything you remember from being in the house 141 00:06:24,292 --> 00:06:25,430 that could help us? 142 00:06:25,493 --> 00:06:29,305 I remember a lot of boys being in there. 143 00:06:30,332 --> 00:06:34,940 And the young girl, she was very beautiful. 144 00:06:41,309 --> 00:06:42,845 Nineteen years. 145 00:06:44,446 --> 00:06:46,722 Sometimes I wake up, I think it's all a dream. 146 00:06:46,781 --> 00:06:50,251 I know. I'm sorry we have to bring the whole thing back. 147 00:06:52,020 --> 00:06:55,126 Marybeth came home from school. 148 00:06:56,891 --> 00:06:58,928 St. Julian's on Columbus Avenue. 149 00:06:58,993 --> 00:07:00,597 She had a riding lesson. 150 00:07:00,662 --> 00:07:02,300 The stables on 97th? 151 00:07:02,364 --> 00:07:03,604 Mmm-hmm. 152 00:07:04,265 --> 00:07:06,370 She went up to change. Oh! 153 00:07:06,668 --> 00:07:10,081 Then she comes down those stairs, two at a time. 154 00:07:10,238 --> 00:07:11,717 (CHUCKLES) 155 00:07:12,140 --> 00:07:14,142 Well, in her riding clothes. 156 00:07:14,209 --> 00:07:15,517 Always in a rush, that one. 157 00:07:16,111 --> 00:07:18,819 I told her to sit down, I'd make her a sandwich. 158 00:07:19,581 --> 00:07:21,254 She was so skinny. 159 00:07:23,651 --> 00:07:26,291 If I hadn't made her eat that sandwich, 160 00:07:26,721 --> 00:07:27,859 maybe he wouldn't have seen her. 161 00:07:29,657 --> 00:07:31,068 Did your daughter date, ma'am? 162 00:07:31,659 --> 00:07:36,108 Between school, riding, the piano, she didn't really have the time. 163 00:07:37,532 --> 00:07:39,705 Was there anyone who was interested in her? 164 00:07:40,935 --> 00:07:42,346 Quite a few. 165 00:07:47,909 --> 00:07:50,389 Marybeth Mosley. We called her M and M. 166 00:07:50,445 --> 00:07:52,220 Melts in your mouth. 167 00:07:52,647 --> 00:07:55,321 Hey, it was the '80s. Blame it on the Boogie. 168 00:07:55,383 --> 00:07:57,260 What was your relationship with Miss Mosley, Counselor? 169 00:07:57,318 --> 00:07:58,524 Strictly platonic. 170 00:07:58,586 --> 00:08:00,691 It was one I didn't get a chance to put in the trophy case. 171 00:08:00,755 --> 00:08:03,429 Oh, I can see her death still weighs on you. 172 00:08:03,491 --> 00:08:06,836 Look, am I showing an insufficient amount of reverence for the dead? 173 00:08:06,895 --> 00:08:07,999 Forgive me. 174 00:08:08,062 --> 00:08:11,976 Anyway, like I say, I just admired her from afar. 175 00:08:12,033 --> 00:08:15,014 Well, can you think of anyone who might have admired her a little closer up? 176 00:08:15,069 --> 00:08:18,573 The only one I can remember her going out with is Michael Sarno. 177 00:08:18,640 --> 00:08:20,677 Although I don't think she gave it up for him either. 178 00:08:20,742 --> 00:08:22,244 Any relation to the Sarnos? 179 00:08:22,310 --> 00:08:24,620 Yeah, the Ambassador's son, the Senator's nephew. 180 00:08:24,679 --> 00:08:27,285 You're saying Sarno went out with the Mosley girl. 181 00:08:27,348 --> 00:08:29,259 Yeah. For awhile. 182 00:08:29,717 --> 00:08:33,130 But from what I remember, Sarno was too much of a wild man for her. 183 00:08:33,188 --> 00:08:35,930 Or maybe she was just too much of a good girl for him. 184 00:08:35,990 --> 00:08:37,970 Either way, they were broken up by the time she was killed 185 00:08:38,026 --> 00:08:39,972 because I remember he didn't come to the funeral. 186 00:08:40,028 --> 00:08:43,032 Now, if you'll excuse me, I've got a 10:00 in court. 187 00:08:43,097 --> 00:08:45,805 Ugh, this is like looking into a muddy lake trying to see the bottom. 188 00:08:45,867 --> 00:08:47,005 And I have to say, your friend Brannigan, 189 00:08:47,068 --> 00:08:48,479 he wasn't a whole lot of help. 190 00:08:48,536 --> 00:08:51,813 All right. So we'll talk to some of the other cops who worked the case. 191 00:08:51,873 --> 00:08:54,217 Most of them are retired or dead. 192 00:08:54,309 --> 00:08:57,085 You know, I saw Charlie Curran's name on the file. 193 00:08:57,145 --> 00:08:59,147 I know he's still with us. 194 00:08:59,747 --> 00:09:01,385 I'd just gotten bumped up to the squad. 195 00:09:01,449 --> 00:09:02,655 Me and a bunch of other detectives 196 00:09:02,717 --> 00:09:04,822 were assigned to a task force to work the case. 197 00:09:04,886 --> 00:09:06,331 And you liked the plumber, right? 198 00:09:06,387 --> 00:09:07,730 Personally, I had doubts. 199 00:09:07,789 --> 00:09:08,859 I mean, we looked at him. 200 00:09:08,923 --> 00:09:11,927 We had this guy's phones up, we talked to everybody this guy ever knew. 201 00:09:11,993 --> 00:09:13,028 Nothing. 202 00:09:13,094 --> 00:09:15,199 I wanted to concentrate more on some of the college boys 203 00:09:15,263 --> 00:09:17,402 that were hanging around her. 204 00:09:17,899 --> 00:09:20,277 There was this one kid, Sarno. 205 00:09:20,335 --> 00:09:22,508 Rich kid. Nasty drunk. 206 00:09:22,570 --> 00:09:23,844 Tea head. 207 00:09:24,606 --> 00:09:25,949 Thanks. 208 00:09:26,007 --> 00:09:28,078 My call, we would've sweated him good. 209 00:09:28,142 --> 00:09:29,815 Whose call was it? 210 00:09:29,944 --> 00:09:31,548 Tommy Brannigan. 211 00:09:31,813 --> 00:09:33,759 He was the lead detective. 212 00:09:33,815 --> 00:09:34,953 He was Homicide, 213 00:09:35,016 --> 00:09:37,758 as opposed to a slob like me from the precinct. 214 00:09:37,819 --> 00:09:40,823 He wasn't keen on going after anyone but Jenks. 215 00:09:41,022 --> 00:09:43,525 I opened my mouth one too many times 216 00:09:44,058 --> 00:09:45,901 back in the bag you go, Charlie. 217 00:09:45,960 --> 00:09:48,236 Brannigan was the one who busted you? 218 00:09:48,296 --> 00:09:50,071 No. Tommy's good people. 219 00:09:50,131 --> 00:09:52,839 As it turns out, he talked to this Sarno kid. 220 00:09:52,901 --> 00:09:53,971 ED: And? 221 00:09:54,035 --> 00:09:56,208 And I wish I had known that fact. 222 00:09:56,271 --> 00:09:58,046 I went over his head to a Captain. 223 00:09:58,106 --> 00:09:59,210 A week later, 224 00:09:59,274 --> 00:10:01,811 I'm walking a foot post in Washington Heights. 225 00:10:01,876 --> 00:10:04,755 Could've got back on the squad if I'd wanted, 226 00:10:04,812 --> 00:10:07,656 but the truth is, I'd rather be in uniform. 227 00:10:08,283 --> 00:10:09,921 Too much politics in being a detective. 228 00:10:10,785 --> 00:10:12,458 I don't know how you guys do it. 229 00:10:12,520 --> 00:10:15,524 Oh, we're different. We're in it for the money. 230 00:10:15,790 --> 00:10:16,860 Thanks, man. 231 00:10:20,595 --> 00:10:21,733 Tommy. 232 00:10:21,796 --> 00:10:23,537 You need anything from town? 233 00:10:24,432 --> 00:10:26,844 Your favorite Sunday, Lennie. Lamb on the spit? 234 00:10:26,901 --> 00:10:27,936 I'll be there, Peg. 235 00:10:28,403 --> 00:10:29,541 Nice to meet you, Ed. 236 00:10:29,904 --> 00:10:31,713 Oh, you're welcome, too, of course. 237 00:10:31,773 --> 00:10:32,808 Thank you, Mrs. Brannigan. 238 00:10:35,777 --> 00:10:38,189 (DOOR OPENS AND CLOSES) 239 00:10:38,246 --> 00:10:40,453 Sarno. I think I remember him. 240 00:10:40,682 --> 00:10:41,683 He was a skinny kid. 241 00:10:42,150 --> 00:10:44,460 Your notes on the interview are missing. 242 00:10:45,687 --> 00:10:47,132 That doesn't make sense. 243 00:10:47,188 --> 00:10:48,895 But Charlie Curran says you did talk to him. 244 00:10:48,957 --> 00:10:50,698 Right. BRISCOE: And? 245 00:10:51,125 --> 00:10:52,195 He had an alibi. 246 00:10:52,260 --> 00:10:53,637 So did the plumber. 247 00:10:57,799 --> 00:11:00,040 Kid didn't have a record, which Jenks did. 248 00:11:00,234 --> 00:11:02,578 Kid was away at college, which Jenks wasn't. 249 00:11:02,870 --> 00:11:05,248 Kid had his old man who was a citizen, 250 00:11:05,306 --> 00:11:08,253 not to mention an Ambassador, backing him up. 251 00:11:09,043 --> 00:11:10,989 Who should I have believed? 252 00:11:15,817 --> 00:11:19,196 You understand this was all before my time. 253 00:11:19,253 --> 00:11:23,030 We just need to know if Mr. Sarno was here on the day in question. 254 00:11:23,091 --> 00:11:26,265 We consider all aspects of our students' records to be privileged. 255 00:11:26,327 --> 00:11:27,362 BRISCOE: We don't. 256 00:11:27,428 --> 00:11:29,374 We can always come back with a subpoena. 257 00:11:29,430 --> 00:11:32,343 But we couldn't guarantee the press wouldn't get wind of it. 258 00:11:34,736 --> 00:11:36,716 Mr. Sarno was not on campus. 259 00:11:36,771 --> 00:11:37,806 How do you know? 260 00:11:37,872 --> 00:11:40,478 He was suspended on the complaint of a young lady. 261 00:11:40,541 --> 00:11:41,576 ED: Fellow student? 262 00:11:41,643 --> 00:11:44,817 Local girl. After a full and fair hearing, 263 00:11:44,879 --> 00:11:47,189 he returned to the university a year later. 264 00:11:47,248 --> 00:11:48,454 What was he suspended for? 265 00:11:51,986 --> 00:11:55,160 Will this information be treated with discretion? 266 00:11:55,423 --> 00:11:58,063 It was nothing. I don't want to talk about it. 267 00:11:58,126 --> 00:12:00,231 Nothing? The scion of the Sarno family 268 00:12:00,294 --> 00:12:02,103 was tossed off campus on your say so. 269 00:12:02,163 --> 00:12:03,335 What did he do? 270 00:12:03,398 --> 00:12:06,402 Why does it matter? It was so long ago. 271 00:12:06,467 --> 00:12:09,175 Did I mention we're homicide detectives? 272 00:12:12,140 --> 00:12:13,949 I was seeing Michael. 273 00:12:14,075 --> 00:12:16,612 I met him at the bar where I waitressed. 274 00:12:16,678 --> 00:12:19,181 We both knew it wasn't going anywhere. 275 00:12:19,247 --> 00:12:20,851 I mean, he was a Sarno 276 00:12:20,915 --> 00:12:23,794 and I lived with my mother in a trailer park. 277 00:12:23,851 --> 00:12:25,159 But it was exciting. 278 00:12:25,219 --> 00:12:26,630 Then why the complaint? 279 00:12:27,789 --> 00:12:30,235 It was after a keg party on campus. 280 00:12:30,725 --> 00:12:33,569 I was supposed to be Michael's townie date. 281 00:12:33,995 --> 00:12:36,737 I left him pawing some Chi Delt. 282 00:12:37,231 --> 00:12:41,008 Then all of a sudden I hear him pull up in his little red sports car 283 00:12:41,069 --> 00:12:43,379 that I loved going for rides in. 284 00:12:43,938 --> 00:12:45,042 He was drunk. 285 00:12:45,707 --> 00:12:47,846 He started putting his hands on me. 286 00:12:47,909 --> 00:12:49,217 What'd he do? 287 00:12:49,277 --> 00:12:51,314 He pushed me down. I hit him, 288 00:12:51,379 --> 00:12:53,723 then he hit me, then he raped me. 289 00:12:54,849 --> 00:12:57,420 I reported it to the school administration. 290 00:12:57,485 --> 00:12:59,226 I got a call from Sarno's father. 291 00:12:59,454 --> 00:13:00,797 Why didn't you call the police? 292 00:13:00,855 --> 00:13:02,630 Did Sarno threaten you? 293 00:13:03,224 --> 00:13:04,862 You don't get it. 294 00:13:05,026 --> 00:13:07,063 The Sarnos don't threaten. 295 00:13:07,361 --> 00:13:08,669 They don't have to. 296 00:13:09,063 --> 00:13:11,543 His father wrote a check I signed a paper. 297 00:13:11,599 --> 00:13:12,703 Paper saying what? 298 00:13:13,000 --> 00:13:15,446 That I had consensual sex with him. 299 00:13:15,903 --> 00:13:17,814 I was working two jobs. 300 00:13:18,139 --> 00:13:20,847 Back then, it seemed like a lot of money. 301 00:13:22,877 --> 00:13:26,450 My client knew Marybeth Mosley. He liked Marybeth Mosley. 302 00:13:27,181 --> 00:13:29,525 But he absolutely did not rape or kill her. 303 00:13:29,584 --> 00:13:31,723 And Stephanie Luchien at college? 304 00:13:31,786 --> 00:13:33,026 Your client like her, too? 305 00:13:33,087 --> 00:13:34,395 That was consensual. 306 00:13:34,455 --> 00:13:35,525 Michael, please. 307 00:13:35,590 --> 00:13:37,194 NATHANSON: You know, your insinuation's absurd. 308 00:13:37,258 --> 00:13:40,000 Miss Luchien signed a sworn statement to that 20 years ago. 309 00:13:40,061 --> 00:13:42,200 You pay off every girl he attacks? 310 00:13:42,263 --> 00:13:43,333 Cheaper to marry him off. 311 00:13:43,397 --> 00:13:44,432 Detective. 312 00:13:44,499 --> 00:13:46,137 NATHANSON: All right. 313 00:13:46,667 --> 00:13:49,671 Michael, Mr. Ambassador, come on. 314 00:13:50,471 --> 00:13:52,075 These people have nothing. 315 00:13:52,607 --> 00:13:53,984 Uh... (CLEARS THROAT) 316 00:13:54,675 --> 00:13:58,213 If you anticipate using Stephanie Luchien as a pattern of rape witness, 317 00:13:58,279 --> 00:13:59,815 Miss Carmichael, think again. 318 00:13:59,881 --> 00:14:02,760 And when you do, think about your witnesses. 319 00:14:02,817 --> 00:14:06,458 Invalids who can't even remember their own names or are dead or missing, 320 00:14:06,521 --> 00:14:07,761 along with half the physical evidence. 321 00:14:07,822 --> 00:14:09,733 That's enough. Barry, let's go. 322 00:14:09,791 --> 00:14:11,395 All right. Gentlemen, Miss Carmichael. 323 00:14:14,395 --> 00:14:15,465 Now what? 324 00:14:16,531 --> 00:14:20,673 Remember what the Luchien girl said about the little red sports car? 325 00:14:20,868 --> 00:14:23,314 You want to check the DMV for citations? 326 00:14:23,371 --> 00:14:25,715 That's how they nabbed Berkowitz. 327 00:14:26,774 --> 00:14:30,187 No. Nothing registered to a Michael Sarno. 328 00:14:30,244 --> 00:14:32,121 A red sports car. 329 00:14:32,180 --> 00:14:34,421 Like 1980, '81? 330 00:14:34,482 --> 00:14:38,157 Sorry. Database is not set up for a model search. 331 00:14:38,219 --> 00:14:40,699 Okay, try any variation on Sarno. 332 00:14:41,155 --> 00:14:43,032 Maybe we'll get lucky. 333 00:14:45,626 --> 00:14:47,299 Got a Peter Sarno. 334 00:14:47,395 --> 00:14:48,772 The Ambassador. 335 00:14:48,830 --> 00:14:51,436 Peter Sarno owned three sedans 336 00:14:51,499 --> 00:14:54,105 and a vintage TR6. Red. 337 00:14:54,368 --> 00:14:56,279 Triumph. Kid's ride. 338 00:14:56,637 --> 00:15:00,175 With a parking citation issued in the Borough of Manhattan, 339 00:15:00,241 --> 00:15:03,450 August 21st, 1981. 340 00:15:04,011 --> 00:15:05,149 The day of the murder. 341 00:15:05,213 --> 00:15:07,193 DMV can't even spell my name right, 342 00:15:07,248 --> 00:15:09,524 and they got a 20-year-old ticket in the system? 343 00:15:09,584 --> 00:15:10,654 Go figure. 344 00:15:11,485 --> 00:15:12,862 Hey, we know Sarno's the guy. 345 00:15:12,920 --> 00:15:14,399 We just can't find anything to lock it down. 346 00:15:14,455 --> 00:15:17,402 Nothing further on the kid's whereabouts on the day of the killing? 347 00:15:17,458 --> 00:15:20,905 His car was in New York, but nobody we talked to puts him with it. 348 00:15:20,962 --> 00:15:22,339 And we talked to everybody. 349 00:15:22,396 --> 00:15:25,775 Well, if it's obvious to the two of you 20 years later, 350 00:15:25,833 --> 00:15:28,245 how did Brannigan manage to miss it at the time? 351 00:15:28,302 --> 00:15:31,215 Looks like he has a hard time believing an ambassador would know how to lie. 352 00:15:31,272 --> 00:15:33,946 Tommy Brannigan's the best pure cop lever knew. 353 00:15:34,008 --> 00:15:35,078 (KNOCK AT DOOR) 354 00:15:35,142 --> 00:15:37,816 Lieutenant, this guy'd like to have a word with you. 355 00:15:37,879 --> 00:15:39,119 Can't you handle it? 356 00:15:39,313 --> 00:15:41,224 It's about the Mosley case. 357 00:15:41,282 --> 00:15:42,420 Ah. Thanks. 358 00:15:46,153 --> 00:15:48,394 PALEY: I saw in the paper that the Mosley case 359 00:15:48,456 --> 00:15:50,936 was being investigated again, and it... 360 00:15:50,992 --> 00:15:55,498 It made me remember this thing that this guy said one time. 361 00:15:55,563 --> 00:15:56,633 ED: What guy? 362 00:15:56,697 --> 00:15:58,005 I can't tell you that. 363 00:15:58,065 --> 00:15:59,874 What can you tell us? 364 00:16:01,168 --> 00:16:04,047 This guy said he killed a girl. 365 00:16:04,939 --> 00:16:08,352 He said he beat her with a ratchet after a night of drinking. 366 00:16:09,110 --> 00:16:11,351 I know he knew the Mosley girl. 367 00:16:12,713 --> 00:16:13,851 I think it was her. 368 00:16:13,915 --> 00:16:15,758 How did he come to tell you this? 369 00:16:16,617 --> 00:16:19,689 We were in rehab together. It was in a meeting. 370 00:16:19,954 --> 00:16:21,160 ED: For this information to be of any use, 371 00:16:21,222 --> 00:16:23,031 you're gonna have to tell us who the guy is. 372 00:16:23,090 --> 00:16:25,730 I'm not at liberty to say who it is. 373 00:16:25,793 --> 00:16:27,534 Why did you come here, Mr. Paley? 374 00:16:27,595 --> 00:16:28,869 I don't know. I... 375 00:16:29,964 --> 00:16:32,137 I was afraid maybe you'd arrest the wrong guy. 376 00:16:32,199 --> 00:16:34,702 And how does this stop us from doing that? 377 00:16:34,769 --> 00:16:38,410 Well, you could maybe tell me who it is that you're gonna arrest, 378 00:16:38,472 --> 00:16:42,420 and I could tell you if it was the same guy or not. 379 00:16:42,843 --> 00:16:46,416 Lieutenant, would you and Detective Green excuse us for a minute? 380 00:16:46,480 --> 00:16:47,584 Sure. 381 00:16:53,521 --> 00:16:55,000 (DOOR CLOSES) 382 00:16:57,525 --> 00:16:59,232 How much time you got in? 383 00:17:00,861 --> 00:17:02,306 Two and a half years. 384 00:17:02,363 --> 00:17:04,673 I'll have five years. February 5th. 385 00:17:04,732 --> 00:17:07,212 So you know. I can't say a name. 386 00:17:08,903 --> 00:17:10,780 Yeah, but I know this. 387 00:17:11,272 --> 00:17:16,346 There's a woman out there who lost a daughter, who deserves some closure. 388 00:17:16,944 --> 00:17:20,551 And there's a bunch of cops trying very hard to find out 389 00:17:20,615 --> 00:17:22,822 who committed a murder 20 years ago. 390 00:17:22,883 --> 00:17:25,830 Now, maybe they're gonna arrest the right person. 391 00:17:25,886 --> 00:17:28,833 But there's always a chance they could arrest the wrong person. 392 00:17:28,889 --> 00:17:30,835 So what are you saying I should do? 393 00:17:32,593 --> 00:17:35,039 Ask your higher power what's right. 394 00:17:39,033 --> 00:17:40,637 Michael Sarno, you're under arrest 395 00:17:40,701 --> 00:17:42,146 for the murder of Marybeth Mosley. 396 00:17:42,203 --> 00:17:43,682 Dad. Not a word, Michael. 397 00:17:43,738 --> 00:17:44,773 Michael, trust me. You'll be fine. 398 00:17:44,839 --> 00:17:45,874 Are those necessary? 399 00:17:45,940 --> 00:17:47,476 Detective, my client's surrendering. 400 00:17:47,541 --> 00:17:50,147 Yeah, sure. If he gives us his word of honor never to do it again, 401 00:17:50,211 --> 00:17:52,623 we'll just forget the whole thing. 402 00:17:57,151 --> 00:18:00,030 Let's see, one count each, Murder in the Second Degree, 403 00:18:00,087 --> 00:18:02,089 Rape in the First Degree. 404 00:18:02,456 --> 00:18:04,333 1981? 405 00:18:04,792 --> 00:18:08,501 A little slow stepping up to the plate on this one, eh, Ms. Carmichael? 406 00:18:08,562 --> 00:18:09,734 Mr. Nathanson? 407 00:18:09,797 --> 00:18:11,799 Not guilty to all charges, Your Honor. 408 00:18:11,866 --> 00:18:13,368 CARMICHAEL: People request remand, Your Honor. 409 00:18:13,434 --> 00:18:14,879 The defendant is being charged with a murder 410 00:18:14,935 --> 00:18:17,313 he's taken pains to conceal for the past two decades. 411 00:18:17,371 --> 00:18:19,282 He's concealed nothing because he's done nothing. 412 00:18:19,340 --> 00:18:20,341 CARMICHAEL: He's confessed, Your Honor. 413 00:18:20,408 --> 00:18:21,443 NATHANSON: Nothing of the sort. 414 00:18:21,509 --> 00:18:22,681 And defense challenges the statement 415 00:18:22,743 --> 00:18:25,189 as uncorroborative of the underlying charges. 416 00:18:25,246 --> 00:18:26,452 It's a matter of fact for a jury, Judge. 417 00:18:26,514 --> 00:18:27,549 Your Honor, we... 418 00:18:27,615 --> 00:18:29,617 Save it for trial, Counselor. 419 00:18:29,684 --> 00:18:31,630 Bail is set at one million dollars. 420 00:18:34,422 --> 00:18:36,060 We'll post that before lunch. 421 00:18:36,123 --> 00:18:37,932 I'm happy for you both. 422 00:18:37,992 --> 00:18:39,096 Next. 423 00:18:40,728 --> 00:18:44,938 Ah, you see, J.J., what detectives do 90% of the time 424 00:18:44,999 --> 00:18:47,240 is sit around and drink coffee. 425 00:18:47,768 --> 00:18:49,270 And you got perfect timing, too. 426 00:18:49,337 --> 00:18:51,044 We were just gonna send down for lunch. 427 00:18:51,105 --> 00:18:52,209 ED: What's up, J.J.? 428 00:18:52,273 --> 00:18:54,412 You want me to take him downstairs and show him how to roll fingerprints? 429 00:18:54,475 --> 00:18:56,682 Very nice of you, Ed, but I don't want to be a bother. 430 00:18:56,744 --> 00:18:58,382 No bother. You want to go? 431 00:18:58,446 --> 00:18:59,550 Could I? 432 00:18:59,613 --> 00:19:00,717 Sure. 433 00:19:01,248 --> 00:19:03,353 BRANNIGAN: I'll be down for you in a second. 434 00:19:05,252 --> 00:19:06,890 Thanks for calling me about the collar. 435 00:19:07,021 --> 00:19:10,434 Oh, hey, after the boss, you were the first one to find out. 436 00:19:10,491 --> 00:19:13,267 I dug around in my notes for the name and address of this girl. 437 00:19:13,327 --> 00:19:16,399 Janice Trainor. She was Marybeth's girlfriend. 438 00:19:16,464 --> 00:19:18,637 I figured they might want her for a witness. 439 00:19:18,699 --> 00:19:19,871 Yeah, I'll let 'em know. 440 00:19:21,302 --> 00:19:22,372 You wouldn't happen to know 441 00:19:22,436 --> 00:19:24,916 whether they were planning on calling me as a witness, would you? 442 00:19:24,972 --> 00:19:26,280 No, I don't. 443 00:19:26,340 --> 00:19:28,342 Only reason I ask is I'm supposed to go down 444 00:19:28,409 --> 00:19:30,252 to my daughter's in Florida around then, 445 00:19:30,311 --> 00:19:33,258 and I'd be looking to buy the tickets couple of weeks in advance 446 00:19:33,314 --> 00:19:34,418 on account of the fare. 447 00:19:34,482 --> 00:19:35,984 You call in to the D.A.'s office? 448 00:19:36,050 --> 00:19:38,792 Ah, I don't want to be a pain in the ass. 449 00:19:39,854 --> 00:19:42,164 Give me a call if you hear anything, will you? 450 00:19:42,223 --> 00:19:43,600 You got it. 451 00:19:45,326 --> 00:19:46,862 And congratulations. 452 00:19:46,927 --> 00:19:48,770 Oh! Hey, we caught a break. 453 00:19:48,829 --> 00:19:50,638 I wish it had been me. 454 00:19:50,698 --> 00:19:53,110 But if it wasn't me, I'm glad it was you. 455 00:19:54,168 --> 00:19:55,806 Take care, Tommy. 456 00:20:00,274 --> 00:20:02,515 Nathanson is right behind me. 457 00:20:03,444 --> 00:20:05,117 What can we do for you, Barry? 458 00:20:05,179 --> 00:20:07,022 Ah, some preliminary matters. 459 00:20:07,782 --> 00:20:09,728 Like pleading your client to the top count? 460 00:20:09,784 --> 00:20:11,661 NATHANSON: Hey, hey, sense of humor. 461 00:20:11,719 --> 00:20:14,199 Something your predecessors lacked. I like that. 462 00:20:14,255 --> 00:20:17,259 Half your witnesses are dead or in need of nursing care. 463 00:20:17,324 --> 00:20:19,270 Missing evidence, contradictory statements. 464 00:20:19,326 --> 00:20:23,274 No, Mr. Sarno is not inclined to plead to anything. 465 00:20:23,330 --> 00:20:28,075 Fine. I'm curious to hear how he explains his confession to a jury. 466 00:20:28,135 --> 00:20:29,307 Confession? 467 00:20:29,370 --> 00:20:30,815 Doesn't pass the laugh test, Jack. 468 00:20:30,871 --> 00:20:31,872 Motion to suppress. 469 00:20:31,939 --> 00:20:34,647 Only person ever hears of my client's purported statements is a judge. 470 00:20:39,980 --> 00:20:41,516 "Sarno's alleged declaration," 471 00:20:41,582 --> 00:20:45,655 "ambiguous at best, is in any event inadmissible as privileged." 472 00:20:45,953 --> 00:20:48,229 Didn't you tell me Sarno confessed to a friend 473 00:20:48,289 --> 00:20:50,030 in a group therapy session? 474 00:20:50,090 --> 00:20:52,536 Yeah, Paley. He's the only one who wants to talk. 475 00:20:52,593 --> 00:20:53,867 He'll have to do. 476 00:20:53,928 --> 00:20:56,204 Every do-gooder in town's jumping on the Sarno bandwagon. 477 00:20:56,263 --> 00:20:58,470 Amicus briefs on the motion to suppress. 478 00:20:58,532 --> 00:21:01,138 AA, ACLU, AMA. 479 00:21:07,641 --> 00:21:09,780 Now, Doctor, you are a psychologist, 480 00:21:09,844 --> 00:21:11,517 licensed by the State of New York? 481 00:21:11,579 --> 00:21:12,614 I am. 482 00:21:12,680 --> 00:21:15,092 I'm also the director of the Morningside Clinic, 483 00:21:15,149 --> 00:21:17,720 a drug and alcohol rehabilitation institute. 484 00:21:17,785 --> 00:21:20,766 And you were leading a group therapeutic session on the morning in question? 485 00:21:20,821 --> 00:21:22,027 Yes, Mr. Nathanson. 486 00:21:22,089 --> 00:21:24,091 Mr. Sarno was one of four patients 487 00:21:24,158 --> 00:21:26,069 undergoing intensive counseling sessions 488 00:21:26,126 --> 00:21:28,834 as part of their treatment for alcohol addiction. 489 00:21:29,129 --> 00:21:32,838 Dr. Hermann, without revealing the remarks of any of the participants, 490 00:21:32,900 --> 00:21:34,140 is there any doubt in your mind 491 00:21:34,201 --> 00:21:38,377 that this session was conducted within the confines of a professional setting? 492 00:21:38,439 --> 00:21:40,214 No, none whatsoever. 493 00:21:43,410 --> 00:21:47,517 What's to stop a member of a group from telling someone, anyone, 494 00:21:47,848 --> 00:21:49,850 what was said in a therapy session? 495 00:21:49,917 --> 00:21:52,659 Legally, I'm not qualified to answer, sir. 496 00:21:52,887 --> 00:21:54,127 Morally, ethically, 497 00:21:54,188 --> 00:21:57,601 I believe my patients feel bound by a sense of confidentiality. 498 00:21:57,658 --> 00:22:00,537 "What you hear here when you leave here, let it stay here." 499 00:22:00,594 --> 00:22:02,505 You're aware that notion has no legal effect? 500 00:22:02,563 --> 00:22:06,978 Objection. The witness has already stated that he holds no degree in jurisprudence. 501 00:22:07,034 --> 00:22:08,240 Sustained. 502 00:22:13,440 --> 00:22:15,886 As lead counsel, I speak for all parties. 503 00:22:15,943 --> 00:22:18,549 Whatever Mr. Sarno may have said 504 00:22:18,612 --> 00:22:21,684 falls under CPLR 4507. 505 00:22:21,749 --> 00:22:23,319 That section creates the privilege 506 00:22:23,384 --> 00:22:26,797 between a psychologist and one client. Singular. 507 00:22:26,854 --> 00:22:29,357 Mr. Sarno was in a group therapeutic session 508 00:22:29,423 --> 00:22:31,699 conducted within AA guidelines, 509 00:22:31,759 --> 00:22:33,636 supervised by a licensed psychologist. 510 00:22:33,694 --> 00:22:34,729 Your Honor... 511 00:22:34,795 --> 00:22:35,967 That's not just my position, Your Honor, 512 00:22:36,030 --> 00:22:38,203 but those of the American Civil Liberties Union 513 00:22:38,265 --> 00:22:40,802 and the American Medical Association and AA. 514 00:22:40,868 --> 00:22:42,438 Your Honor has their Amicus submissions. 515 00:22:42,503 --> 00:22:44,107 JACK: So we're on the same page. 516 00:22:44,171 --> 00:22:46,913 Your client did admit killing the Mosley girl? 517 00:22:46,974 --> 00:22:48,453 I make no such concession, Your Honor. 518 00:22:48,509 --> 00:22:50,853 JACK: Mr. Sarno made his statements in a room full of people. 519 00:22:50,911 --> 00:22:52,652 Their presence shatters any privilege. 520 00:22:52,713 --> 00:22:55,660 Not if they're all members of a therapeutic group. 521 00:22:55,716 --> 00:22:59,027 The privilege radiates from the psychologist to each member. 522 00:22:59,086 --> 00:23:00,463 People v. Wilkins, 523 00:23:00,521 --> 00:23:04,628 the privilege between psychologist and client should be viewed as broader, 524 00:23:04,692 --> 00:23:06,399 broader than doctor-patient. 525 00:23:06,460 --> 00:23:09,669 There is no confidentiality when others are included. 526 00:23:09,730 --> 00:23:12,711 The point of group therapy, all therapy is to heal 527 00:23:12,766 --> 00:23:14,336 through revelation and sharing. 528 00:23:14,401 --> 00:23:16,472 Where does it end, Your Honor? 529 00:23:16,537 --> 00:23:20,417 Privilege as such is designed to be as narrowly drawn as possible. 530 00:23:20,474 --> 00:23:21,612 Your Honor, be advised 531 00:23:21,675 --> 00:23:23,586 that the organizations represented here today 532 00:23:23,644 --> 00:23:25,248 are prepared to take this point on appeal 533 00:23:25,312 --> 00:23:27,258 all the way up to the nine wise souls in Washington, 534 00:23:27,314 --> 00:23:29,089 if necessary. Enough. 535 00:23:30,718 --> 00:23:35,326 The purpose of the statute conferring psychologist-client privilege is clear. 536 00:23:35,556 --> 00:23:39,368 Without unfettered communication between therapist and client, 537 00:23:39,426 --> 00:23:41,463 the therapeutic effect would suffer. 538 00:23:41,528 --> 00:23:45,135 That Mr. Sarno made statements in front of other clients 539 00:23:45,199 --> 00:23:46,872 I find immaterial. 540 00:23:47,001 --> 00:23:49,709 The motion to suppress is granted. 541 00:23:49,770 --> 00:23:51,807 Counsel is to pick a date for trial. 542 00:23:51,872 --> 00:23:53,044 Preferably a short one. 543 00:23:53,107 --> 00:23:54,609 (GAVEL POUNDS) 544 00:23:55,009 --> 00:23:56,420 Mr. McCoy... 545 00:23:56,677 --> 00:24:00,523 Mr. Nathanson tells me you have little in the way of evidence, 546 00:24:00,581 --> 00:24:03,790 and now you haven't got my son's statement either. 547 00:24:04,151 --> 00:24:05,494 All due respect, Mr. Ambassador, 548 00:24:05,552 --> 00:24:08,624 we have sufficient for conviction, as Judge Rivera indicated. 549 00:24:08,689 --> 00:24:11,533 Please, Mr. McCoy, we're not children here. 550 00:24:12,459 --> 00:24:15,440 I know the distance between a technical sufficiency and a conviction. 551 00:24:15,929 --> 00:24:17,374 What do you want, Mr. Sarno? 552 00:24:17,431 --> 00:24:20,310 I want what any parent in my position would. 553 00:24:20,367 --> 00:24:22,973 An end to the persecution of my boy. 554 00:24:23,037 --> 00:24:25,449 It's prosecution, not persecution. 555 00:24:25,773 --> 00:24:27,980 And we're doing this because we think your son is guilty. 556 00:24:28,042 --> 00:24:30,921 Please, spare me the fake pieties, Counselor. 557 00:24:30,978 --> 00:24:34,187 You're doing it to see your name in the paper. 558 00:24:37,985 --> 00:24:41,990 Missing murder weapon, no DNA, no eyewitness, no confession. 559 00:24:43,057 --> 00:24:46,061 And with Nathanson, you ain't seen nothing yet. 560 00:24:46,126 --> 00:24:47,935 So where do we start? 561 00:24:48,328 --> 00:24:51,537 I'll dazzle them in the courtroom as long as I can. 562 00:24:52,466 --> 00:24:54,377 See what you can dig up. 563 00:24:57,871 --> 00:25:00,477 CARMICHAEL: Okay, the M.E. at the time was Dr. Singh. 564 00:25:00,541 --> 00:25:01,815 Deceased. 565 00:25:02,042 --> 00:25:04,249 (SIGHS) There's no putting him on the stand. 566 00:25:04,311 --> 00:25:08,726 His report still establishes that Mosley was killed with a ratchet. 567 00:25:09,116 --> 00:25:12,188 Well, jurors aren't generally too taken with pieces of paper. 568 00:25:12,252 --> 00:25:14,493 And the ratchet itself is gone. 569 00:25:14,788 --> 00:25:16,233 Yeah. Now, how does that happen? 570 00:25:16,857 --> 00:25:19,098 Well, once an investigation is concluded, 571 00:25:19,159 --> 00:25:22,368 evidence is moved from one PP to a warehouse in Queens. 572 00:25:22,429 --> 00:25:24,875 Sometimes it gets lost, mislabeled. 573 00:25:25,098 --> 00:25:27,442 And what about before an investigation is concluded? 574 00:25:27,501 --> 00:25:29,105 It stays in the Property Room. 575 00:25:29,169 --> 00:25:30,204 Unless? 576 00:25:30,270 --> 00:25:34,275 Unless someone signs them out and we've looked for those logs, 577 00:25:34,341 --> 00:25:35,945 and they're nowhere to be found. 578 00:25:36,009 --> 00:25:38,250 Can we found out who made the entries in those logs? 579 00:25:38,312 --> 00:25:39,347 Sure. 580 00:25:39,413 --> 00:25:42,155 Maybe we'll actually find someone who's alive. 581 00:25:45,085 --> 00:25:47,361 CURRAN: At the time of the original investigation, 582 00:25:47,421 --> 00:25:51,528 I was assigned to assist the primary investigator in the collection of evidence. 583 00:25:51,592 --> 00:25:55,734 In that capacity, did you have occasion to visit the Sarno family home? 584 00:25:55,796 --> 00:25:56,866 I did. 585 00:25:56,930 --> 00:25:59,308 Specifically, I entered the underground parking area 586 00:25:59,366 --> 00:26:01,937 of the Sarno townhouse on 5th Avenue. 587 00:26:02,002 --> 00:26:05,472 Would you please tell the jury what, if anything, you observed there. 588 00:26:06,140 --> 00:26:08,586 Mr. Sarno maintained a well-equipped workroom, 589 00:26:08,642 --> 00:26:11,418 including an extensive collection of tools, 590 00:26:11,478 --> 00:26:13,822 among them was a large set of drivers and ratchets, 591 00:26:14,615 --> 00:26:17,357 missing from these was a one-inch driver. 592 00:26:22,723 --> 00:26:25,795 Nothing whatsoever of this witness, Your Honor. 593 00:26:28,295 --> 00:26:31,606 JACK: Marybeth Mosley, was she popular in school? 594 00:26:32,566 --> 00:26:34,739 I used to be so jealous of her. 595 00:26:34,801 --> 00:26:36,747 Her hair was so straight. 596 00:26:36,804 --> 00:26:40,013 Gorgeous skin. She was very popular. 597 00:26:40,073 --> 00:26:42,417 Did you know if she had feelings for the defendant? 598 00:26:43,210 --> 00:26:44,689 For awhile she did. 599 00:26:44,745 --> 00:26:46,747 He was funny, and he had a lot of charm, 600 00:26:46,814 --> 00:26:49,624 and he really made an effort to sweep her off her feet. 601 00:26:49,683 --> 00:26:51,356 One summer they wound up going out. 602 00:26:51,418 --> 00:26:54,092 Were you aware of what it was that made them stop going out? 603 00:26:54,154 --> 00:26:58,125 Michael wanted a full-on sexual relationship and Marybeth didn't. 604 00:26:58,425 --> 00:27:00,234 She was definite about it. 605 00:27:00,294 --> 00:27:01,898 He wouldn't take no for an answer. 606 00:27:01,962 --> 00:27:03,032 Objection. 607 00:27:03,096 --> 00:27:05,667 How on Earth does she know what my client would or would not 608 00:27:05,732 --> 00:27:09,475 have taken for an answer going back, what is it, 20 years in time? 609 00:27:09,536 --> 00:27:10,879 Sustained. 610 00:27:11,872 --> 00:27:15,911 Ms. Trainor, was there a time when, in your presence, 611 00:27:15,976 --> 00:27:19,321 Marybeth Mosley physically rejected Mr. Sarno? 612 00:27:19,379 --> 00:27:21,222 We were at a school dance. 613 00:27:21,281 --> 00:27:23,784 Afterwards, a bunch of us went for burgers. 614 00:27:23,850 --> 00:27:25,955 Michael sat beside Marybeth. 615 00:27:26,653 --> 00:27:28,394 He put his hands on her. 616 00:27:28,455 --> 00:27:30,332 I'm pretty sure he was drunk. 617 00:27:30,390 --> 00:27:32,165 She told him to stop. He wouldn't. 618 00:27:32,226 --> 00:27:34,331 She threw a basket of fries in his lap. 619 00:27:34,394 --> 00:27:35,964 That slow him down a bit? 620 00:27:36,029 --> 00:27:39,602 No. And when she started to cry, he laughed at her. 621 00:27:40,200 --> 00:27:43,113 He said he could have her anytime he wanted. 622 00:27:43,503 --> 00:27:46,575 Thank you, Ms. Trainor. I have nothing further. 623 00:27:53,580 --> 00:27:55,719 Those his words, Ms. Trainor? 624 00:27:56,216 --> 00:27:57,593 "I can have you anytime I want"? 625 00:27:58,452 --> 00:28:00,932 It's hard to remember exactly after 20 years. 626 00:28:01,255 --> 00:28:06,170 So your response to Mr. McCoy's question was, what, inexact or invented? 627 00:28:06,560 --> 00:28:07,698 Objection. 628 00:28:07,761 --> 00:28:09,001 No, I'm going to allow it. 629 00:28:09,062 --> 00:28:11,042 I was trying to remember. 630 00:28:11,231 --> 00:28:14,007 Anyone from the District Attorney's Office help you to remember? 631 00:28:14,067 --> 00:28:15,410 Objection. 632 00:28:15,469 --> 00:28:17,380 JUDGE RIVERA: Sustained. 633 00:28:18,472 --> 00:28:21,919 Ms. Trainor, did you relate any part 634 00:28:22,843 --> 00:28:26,188 of this tale of rejection to the police 20 years ago? 635 00:28:26,246 --> 00:28:27,919 I spoke to a detective, yes. 636 00:28:27,981 --> 00:28:29,790 So it's your testimony as you sit here today, 637 00:28:29,850 --> 00:28:32,729 that you told an NYPD detective that my client was, 638 00:28:32,786 --> 00:28:34,197 what, going out with Miss Mosley? 639 00:28:34,254 --> 00:28:35,289 Yes. 640 00:28:35,355 --> 00:28:37,995 That he was actively sexually pursuing her? 641 00:28:38,558 --> 00:28:39,628 Yes. 642 00:28:39,726 --> 00:28:42,070 Your Honor, I call for the production of police reports 643 00:28:42,129 --> 00:28:44,439 reflecting the statements of this witness. 644 00:28:44,498 --> 00:28:45,806 Counsel, step up. 645 00:28:49,536 --> 00:28:51,345 Do you have this, Mr. McCoy? 646 00:28:51,405 --> 00:28:54,648 Judge, it's been 20 years. Some of the documentation has been mislaid. 647 00:28:54,708 --> 00:28:57,552 My client's accused of murder and Mr. McCoy pleads sloppiness? 648 00:28:57,611 --> 00:28:58,646 This is unbelievable. 649 00:28:58,712 --> 00:29:01,488 Oh, save the histrionics for the closing, Barry. 650 00:29:01,548 --> 00:29:04,358 JACK: Whether she spoke to a detective 20 years ago is immaterial. 651 00:29:04,418 --> 00:29:05,692 She's here now. 652 00:29:05,752 --> 00:29:08,756 Your Honor, they're pulling an O.J. in reverse. 653 00:29:08,822 --> 00:29:12,133 Instead of planting evidence, they're framing my client with the absence of it. 654 00:29:12,192 --> 00:29:13,637 That's an outrageous accusation. 655 00:29:13,694 --> 00:29:16,038 I move to strike the witness's testimony in its entirety. 656 00:29:16,096 --> 00:29:17,302 Denied. 657 00:29:17,464 --> 00:29:19,774 Well, I reserve the right to argue in closing 658 00:29:19,833 --> 00:29:24,077 that the testimony is unsupported by documents and that it's fabricated. 659 00:29:25,439 --> 00:29:27,316 Granted. Now step back. 660 00:29:32,145 --> 00:29:35,251 HOPP: I wasn't always in the Property Room, you know. 661 00:29:35,716 --> 00:29:38,788 1963, I was wounded in a shootout. 662 00:29:38,852 --> 00:29:40,832 One of the Chinese gangs down on East Broadway. 663 00:29:40,887 --> 00:29:41,922 Really? 664 00:29:41,988 --> 00:29:44,161 And don't think I didn't make a collar anyway. 665 00:29:44,224 --> 00:29:45,498 Two of 'em. Yeah. 666 00:29:45,559 --> 00:29:48,506 I walked 'em out with my arm in a sling (LAUGHS) 667 00:29:48,562 --> 00:29:49,563 Could show you pictures. 668 00:29:49,630 --> 00:29:50,700 Well, actually... 669 00:29:50,764 --> 00:29:54,109 A young woman was killed around 1980. 670 00:29:54,167 --> 00:29:55,942 A Marybeth Mosley. 671 00:29:56,002 --> 00:29:58,983 The evidence from her case disappeared from the Property Room. 672 00:29:59,039 --> 00:30:00,347 Mosley. 673 00:30:01,007 --> 00:30:02,680 Oh, wait a minute. 674 00:30:02,876 --> 00:30:04,014 She was killed with a wrench. 675 00:30:04,077 --> 00:30:05,181 A ratchet, yes. 676 00:30:06,179 --> 00:30:07,317 1980? 677 00:30:07,381 --> 00:30:08,553 Right. 678 00:30:09,516 --> 00:30:11,052 So we weren't on Broome Street anymore. 679 00:30:11,118 --> 00:30:13,359 Do you remember anything out of the ordinary? 680 00:30:13,420 --> 00:30:17,527 Well, I remember some guy trying to check things out without signing for 'em. 681 00:30:17,591 --> 00:30:19,571 In fact, it was a wrench, if I do recall. 682 00:30:19,626 --> 00:30:21,333 Do you remember who? 683 00:30:21,394 --> 00:30:24,136 Some detective. I don't remember his name. 684 00:30:24,498 --> 00:30:28,844 Oh, driving for Inspector Holsick is what he told me. 685 00:30:29,970 --> 00:30:32,746 I said, "I don't care who you're driving for, Skippy." 686 00:30:32,806 --> 00:30:35,252 "You sign the ledger or you're not taking out nothing." 687 00:30:35,308 --> 00:30:36,343 And did he? 688 00:30:36,810 --> 00:30:38,847 You're damned right he did. 689 00:30:39,513 --> 00:30:42,494 JACK: Finally, Detective, did you attempt to retrieve 690 00:30:42,549 --> 00:30:44,790 the clothing Marybeth Mosley was wearing 691 00:30:44,851 --> 00:30:48,094 on the day she was killed from the Police Property Clerk's office? 692 00:30:48,155 --> 00:30:49,190 Yes. 693 00:30:49,256 --> 00:30:50,792 And the murder weapon? 694 00:30:50,857 --> 00:30:54,964 We... My partner and I were told that they couldn't be located. 695 00:30:55,028 --> 00:30:58,601 Did the Property Clerk have any explanation for why the items were missing? 696 00:30:58,665 --> 00:31:00,338 He said they might have been lost 697 00:31:00,400 --> 00:31:02,880 during the course of a move to a new building. 698 00:31:03,970 --> 00:31:06,576 Thank you, Detective. Nothing further. 699 00:31:12,412 --> 00:31:16,053 You've never laid eyes on the alleged murder weapon, have you, Detective? 700 00:31:16,116 --> 00:31:18,722 Well, I've never seen the dark side of the Moon either, Counselor, 701 00:31:18,785 --> 00:31:20,264 but I know it exists. 702 00:31:20,320 --> 00:31:21,924 Maybe that's where the ratchet is. 703 00:31:21,988 --> 00:31:23,797 (SCOFFS) Yeah, I couldn't say. 704 00:31:23,857 --> 00:31:25,632 Nor can anyone else. 705 00:31:26,460 --> 00:31:28,599 Which may mean, could it not, 706 00:31:28,662 --> 00:31:31,404 that the ratchet purportedly missing from the Sarno's garage 707 00:31:31,465 --> 00:31:33,240 wasn't the murder weapon at all? 708 00:31:33,300 --> 00:31:35,803 That the murder weapon was, in fact, 709 00:31:36,737 --> 00:31:39,343 a hammer or a paperweight. 710 00:31:39,406 --> 00:31:41,443 Well, I guess anything's possible. 711 00:31:43,276 --> 00:31:45,051 And nothing further. 712 00:31:47,748 --> 00:31:51,594 NATHANSON: Michael, how well did you know Marybeth Mosley then? 713 00:31:51,985 --> 00:31:53,965 We dated for one summer. 714 00:31:54,421 --> 00:31:56,560 Mostly we were just friends. 715 00:31:56,790 --> 00:31:57,894 Ever kiss her? 716 00:31:58,692 --> 00:31:59,796 Sure. 717 00:32:00,393 --> 00:32:02,270 Ever have sexual relations with her? 718 00:32:02,329 --> 00:32:03,569 No, sir. 719 00:32:04,030 --> 00:32:07,011 Michael, we've heard testimony that you struck Miss Mosley. 720 00:32:07,067 --> 00:32:08,307 Totally untrue. 721 00:32:08,368 --> 00:32:11,315 We've heard testimony that in front of others 722 00:32:11,371 --> 00:32:13,977 you swore you could have her whenever you wanted. 723 00:32:14,040 --> 00:32:17,715 Look, I don't remember what I said 20 years ago. 724 00:32:18,678 --> 00:32:22,057 Could I have said something like that fooling around? Sure. 725 00:32:22,115 --> 00:32:24,459 But that's what it was. Fooling around. 726 00:32:31,658 --> 00:32:34,764 Michael, did you murder Marybeth Mosley? 727 00:32:35,729 --> 00:32:37,265 I did not, sir. 728 00:32:37,998 --> 00:32:39,739 Thank you, Michael. 729 00:32:41,668 --> 00:32:42,942 Nothing further, Your Honor. 730 00:32:44,738 --> 00:32:49,209 Do you remember telling Detective Thomas Brannigan that you were in college... 731 00:32:49,276 --> 00:32:50,778 (DOOR OPENING) 732 00:32:51,444 --> 00:32:54,653 That you were in college in New Hampshire 733 00:32:54,714 --> 00:32:57,320 on the day Marybeth Mosley was murdered? 734 00:32:57,384 --> 00:32:58,658 Yes, sir. 735 00:33:02,188 --> 00:33:03,599 Was that the truth? 736 00:33:04,624 --> 00:33:05,864 No, sir. 737 00:33:06,593 --> 00:33:08,732 I'd been suspended from college. 738 00:33:08,795 --> 00:33:10,502 I didn't want my father to find out. 739 00:33:10,564 --> 00:33:13,204 And you weren't in New York City 740 00:33:13,266 --> 00:33:15,473 on the day Marybeth Mosley was killed? 741 00:33:15,535 --> 00:33:16,775 No, sir. 742 00:33:17,170 --> 00:33:18,808 But your car was? 743 00:33:24,144 --> 00:33:27,421 Your Honor, would you direct the witness to answer? 744 00:33:27,681 --> 00:33:29,024 Mr. Sarno. 745 00:33:32,052 --> 00:33:33,725 I didn't own a car, Mr. McCoy. 746 00:33:33,787 --> 00:33:36,165 All right, your father's car. 747 00:33:36,723 --> 00:33:38,703 A Triumph model TR6, 748 00:33:38,758 --> 00:33:43,366 which you routinely drove back and forth to college 749 00:33:43,430 --> 00:33:45,239 and used as your own. 750 00:33:45,332 --> 00:33:49,781 Was it, sir, in New York City the day of the murder? 751 00:33:49,970 --> 00:33:51,040 Not to my knowledge. 752 00:33:51,104 --> 00:33:55,553 Do you know how that car came to have a parking violation 753 00:33:55,609 --> 00:33:58,021 issued by the New York City Police on that day? 754 00:33:58,078 --> 00:33:59,318 NATHANSON: Objection. 755 00:33:59,379 --> 00:34:01,882 If the witness had no knowledge of the car's whereabouts 756 00:34:01,948 --> 00:34:03,859 how can he possibly answer that question? 757 00:34:03,917 --> 00:34:05,021 Sustained. 758 00:34:05,085 --> 00:34:07,827 JACK: I have no further questions at this time. 759 00:34:07,887 --> 00:34:11,425 I reserve the right to recall at a later date. 760 00:34:17,297 --> 00:34:18,332 Got anything? 761 00:34:18,398 --> 00:34:20,605 We need to talk to Brannigan. 762 00:34:24,304 --> 00:34:26,944 What is it with you guys and this case? 763 00:34:27,540 --> 00:34:29,315 That's 20 years ago. 764 00:34:29,676 --> 00:34:32,350 There's no statute of limitations on murder. 765 00:34:35,415 --> 00:34:39,261 You know how many cases I've handled in the 23 years I was on the job? 766 00:34:39,819 --> 00:34:42,356 I don't remember details of one case. 767 00:34:42,922 --> 00:34:46,131 You don't remember anyone getting rid of evidence? 768 00:34:50,096 --> 00:34:51,507 No, I don't. 769 00:34:53,767 --> 00:34:55,178 Was there anyone in the police department 770 00:34:55,235 --> 00:34:58,079 who tried to influence the way you conducted the investigation? 771 00:35:00,674 --> 00:35:01,982 What are you saying? 772 00:35:03,677 --> 00:35:05,679 We're asking the question. 773 00:35:07,681 --> 00:35:10,628 I mean, this is just a friendly conversation. 774 00:35:11,217 --> 00:35:14,755 Do you know how it happened that evidence disappeared from Property Room? 775 00:35:22,162 --> 00:35:25,234 No. No, I don't. 776 00:35:25,632 --> 00:35:27,441 I don't know nothing. 777 00:35:46,820 --> 00:35:48,731 NATHANSON: Now, you were in charge of the investigation 778 00:35:48,788 --> 00:35:51,234 into Marybeth Mosley's death, were you not? 779 00:35:51,291 --> 00:35:52,463 I was. 780 00:35:53,126 --> 00:35:57,370 And you conducted that investigation in the immediate aftermath of her death? 781 00:35:57,430 --> 00:35:58,465 Right. 782 00:35:59,099 --> 00:36:02,672 So the people who knew the defendant, who knew the victim, 783 00:36:03,737 --> 00:36:07,685 their recollection of people, places and things, 784 00:36:07,741 --> 00:36:09,277 they would have been fresh then, would they not? 785 00:36:09,342 --> 00:36:10,753 Objection. Leading. 786 00:36:11,778 --> 00:36:12,848 Sustained. 787 00:36:12,912 --> 00:36:15,153 Did you consider Michael Sarno 788 00:36:15,815 --> 00:36:17,692 a suspect at the time? 789 00:36:17,851 --> 00:36:21,890 Tell you the truth, I don't remember loving anyone all that much for a suspect. 790 00:36:21,955 --> 00:36:22,990 NATHANSON: Well, as a matter of fact, 791 00:36:23,056 --> 00:36:25,764 wasn't the primary focus of your investigation 792 00:36:25,825 --> 00:36:27,896 a plumber who'd been working at the Mosley house? 793 00:36:27,961 --> 00:36:29,133 Right. 794 00:36:29,596 --> 00:36:31,507 I thought we had half a shot with the plumber. 795 00:36:33,867 --> 00:36:37,041 Well, why didn't you think you had half a shot with Michael Sarno? 796 00:36:37,103 --> 00:36:40,915 As far as we knew, he wasn't in New York at the time of the murder. 797 00:36:40,974 --> 00:36:42,578 It was the end of the story. 798 00:36:44,177 --> 00:36:46,088 I have nothing further. 799 00:37:02,429 --> 00:37:06,878 Do you think your opinion of the defendant's whereabouts would have changed 800 00:37:06,933 --> 00:37:11,006 if you knew his car had received a parking violation in New York 801 00:37:11,070 --> 00:37:12,276 at the time of the murder? 802 00:37:12,339 --> 00:37:17,288 As I recall, the car that received the parking ticket was registered to his father. 803 00:37:17,710 --> 00:37:18,780 But driven by the defendant. 804 00:37:19,579 --> 00:37:22,583 I don't recall having that information at the time. 805 00:37:22,649 --> 00:37:23,719 What about the fact 806 00:37:24,050 --> 00:37:27,327 that a one-inch drive ratchet was the murder weapon, 807 00:37:27,620 --> 00:37:32,035 and a one-inch drive ratchet was missing from the defendant's father's garage? 808 00:37:32,091 --> 00:37:34,799 Given the fact that we lost the murder weapon, 809 00:37:34,861 --> 00:37:37,239 I couldn't very well make a case out of that. 810 00:37:37,297 --> 00:37:39,334 Would you, by any chance, 811 00:37:39,399 --> 00:37:42,073 know how the murder weapon came to be lost? 812 00:37:42,135 --> 00:37:43,671 No, I wouldn't. 813 00:37:45,038 --> 00:37:48,679 Were you familiar with a police inspector named Alvin Holsick? 814 00:37:52,212 --> 00:37:54,192 Yeah, I knew Al Holsick. 815 00:37:54,848 --> 00:37:55,883 Were you aware 816 00:37:55,949 --> 00:37:58,793 that from the time of his retirement until his death two years ago 817 00:37:58,852 --> 00:38:01,526 he was working for the defendant's father 818 00:38:01,588 --> 00:38:05,229 and being paid more than a hundred thousand dollars a year? 819 00:38:06,092 --> 00:38:09,665 I don't know if I knew that at all. 820 00:38:09,729 --> 00:38:12,175 I kind of lost track when he took retirement. 821 00:38:12,232 --> 00:38:15,441 Were you aware that it was Alvin Holsick's driver 822 00:38:15,735 --> 00:38:18,113 who removed the murder weapon from the Property Room? 823 00:38:18,171 --> 00:38:20,583 Objection. Assuming facts not in evidence. 824 00:38:21,274 --> 00:38:22,514 I'll connect, Judge. 825 00:38:22,776 --> 00:38:24,847 Overruled, subject to connection. 826 00:38:28,314 --> 00:38:29,657 Detective? 827 00:38:31,885 --> 00:38:33,558 I don't know who took it. 828 00:38:36,756 --> 00:38:39,760 All right, Detective, I'm going to ask you a question, 829 00:38:39,826 --> 00:38:43,035 and I want you to think about it before you answer. 830 00:38:43,563 --> 00:38:47,238 Because what you say will be with you for the rest of your life. 831 00:38:50,737 --> 00:38:54,207 Did Inspector Holsick interfere with your investigation? 832 00:39:00,713 --> 00:39:02,693 Holsick looked after me. 833 00:39:04,050 --> 00:39:06,291 He said, "Sarno's not the guy." 834 00:39:07,153 --> 00:39:08,962 I was a little naive. 835 00:39:09,189 --> 00:39:11,965 I said, "I don't know, Inspector, I think maybe he is." 836 00:39:12,659 --> 00:39:16,129 He said, "You're not hearing me, Tommy. I'm telling you." 837 00:39:16,196 --> 00:39:18,005 "Sarno's not the guy." 838 00:39:19,198 --> 00:39:22,042 "And as soon as that proves to be the case," 839 00:39:22,168 --> 00:39:24,705 "you just made yourself First Grade." 840 00:39:25,405 --> 00:39:26,645 And how did your respond? 841 00:39:26,706 --> 00:39:29,118 I said, "What about the evidence?" 842 00:39:29,442 --> 00:39:31,888 He said, "Make sure that the murder weapon" 843 00:39:31,945 --> 00:39:34,983 "is checked into the Property Room." He'd take care of it. 844 00:39:35,048 --> 00:39:38,120 He said Sarno was spreading around enough cash 845 00:39:38,885 --> 00:39:41,729 that whatever's out there wouldn't bite us. 846 00:39:43,690 --> 00:39:44,828 Did you do what you were told? 847 00:39:44,891 --> 00:39:47,030 I made First Grade, didn't I? 848 00:39:49,195 --> 00:39:52,074 No special pins, nothing on the uniform. 849 00:39:52,131 --> 00:39:56,341 Just top Lieutenant's pay and every cop knows. 850 00:39:57,337 --> 00:39:59,749 My old man, rest his soul, 851 00:39:59,806 --> 00:40:02,650 he looked on First Graders like they walked on water. 852 00:40:02,709 --> 00:40:06,384 When I got it, I went down to the nursing home and I told him. 853 00:40:06,446 --> 00:40:09,586 I didn't tell him what I had to do to get it. 854 00:40:12,452 --> 00:40:15,729 That I had to let that murdering son of a bitch go. 855 00:40:21,861 --> 00:40:24,899 We're prepared to offer a plea of Manslaughter Two. 856 00:40:24,964 --> 00:40:27,808 Oh. As opposed to an acquittal? 857 00:40:27,867 --> 00:40:30,313 As opposed to giving this case to the jury, 858 00:40:30,370 --> 00:40:33,112 in which case, regardless of the verdict, 859 00:40:33,506 --> 00:40:36,009 we will prosecute Mr. Sarno Senior here 860 00:40:36,075 --> 00:40:39,887 for obstruction of justice and conspiracy to obstruct justice. 861 00:40:39,979 --> 00:40:41,253 Have you lost your mind? 862 00:40:41,314 --> 00:40:42,816 NATHANSON: Peter... I didn't have any... 863 00:40:42,882 --> 00:40:44,020 Peter, just hang on a second. 864 00:40:44,083 --> 00:40:45,824 Let's assume you have more than the say-so 865 00:40:45,885 --> 00:40:48,195 of this broken down cop to go on, which I don't think you do. 866 00:40:48,254 --> 00:40:51,758 You're talking about something that happened 20 years ago, Jack. 867 00:40:51,858 --> 00:40:54,668 Statute of limitations ran out a long time ago. Come on. 868 00:40:54,727 --> 00:40:57,731 We would argue that the conspiracy has been ongoing, 869 00:40:57,797 --> 00:41:00,607 and that since Mr. Sarno actively concealed his crime, 870 00:41:00,667 --> 00:41:02,840 the statute of limitations does not apply. 871 00:41:02,902 --> 00:41:04,779 Plea... Wrong on the facts, wrong on the law. 872 00:41:04,837 --> 00:41:06,680 Want to go to court on it? 873 00:41:06,739 --> 00:41:08,275 JACK: Take a chance on the Ambassador 874 00:41:08,341 --> 00:41:10,287 having an E-felony hung around his neck? 875 00:41:10,343 --> 00:41:12,254 He doesn't deserve that. 876 00:41:12,612 --> 00:41:14,182 Plead guilty and your father's off the hook. 877 00:41:14,247 --> 00:41:16,659 But I mean, he doesn't deserve it. 878 00:41:17,050 --> 00:41:19,929 If there was a crime, it was my crime. Why would you go after him? 879 00:41:19,986 --> 00:41:21,727 I'd like to talk to my son privately. 880 00:41:21,788 --> 00:41:23,529 Like how much time would I have to spend in jail 881 00:41:23,589 --> 00:41:25,262 for Manslaughter Two or whatever it is? 882 00:41:25,325 --> 00:41:27,965 Did you hear what I said, Michael? I'd like to talk to you privately. 883 00:41:28,027 --> 00:41:31,804 The sentencing recommendation would be eight-and-a-third to 12 years. 884 00:41:31,864 --> 00:41:34,242 PETER: Talk to me, don't talk to him. 885 00:41:34,300 --> 00:41:36,041 You're not his lawyer, Mr. Sarno. 886 00:41:36,102 --> 00:41:37,911 That's right, I'm his father. 887 00:41:37,971 --> 00:41:39,473 He's 39 years old. 888 00:41:39,539 --> 00:41:42,645 He's also loaded or haven't you noticed that yet? 889 00:41:45,178 --> 00:41:46,919 Michael, that true? 890 00:41:48,347 --> 00:41:49,621 I'm fine. 891 00:41:50,416 --> 00:41:53,124 All right, he can't participate in plea discussions, 892 00:41:53,186 --> 00:41:55,132 if he's intoxicated. Come on. 893 00:41:55,188 --> 00:41:57,998 Fine. We can continue without him. 894 00:41:59,792 --> 00:42:01,772 Or we can resume this tomorrow. 895 00:42:01,828 --> 00:42:03,171 I'm going to call your boss. 896 00:42:03,229 --> 00:42:05,675 I'm going to get both of you busted down the ranks. 897 00:42:05,732 --> 00:42:08,110 You will be lucky if they let you work arraignment 898 00:42:08,167 --> 00:42:10,807 from the drunk tank on Saturday nights! 899 00:42:11,204 --> 00:42:13,309 We don't have much of a social life as it is. 900 00:42:13,373 --> 00:42:14,818 Make whatever the arrangements are. 901 00:42:14,874 --> 00:42:15,978 I'll plead guilty to Manslaughter. 902 00:42:16,042 --> 00:42:17,487 I'm telling you to keep your mouth shut. 903 00:42:17,543 --> 00:42:19,147 You're a drunk you're a junkie. 904 00:42:19,212 --> 00:42:20,987 I'm also a murderer! 905 00:42:29,288 --> 00:42:31,632 Obviously we'll need to confirm 906 00:42:31,691 --> 00:42:35,639 he's not impaired when he enters his plea formally. 907 00:42:37,563 --> 00:42:39,600 You're going to answer for this. 908 00:42:41,667 --> 00:42:43,203 As will we all. 909 00:43:03,122 --> 00:43:04,294 Tommy? 910 00:43:05,558 --> 00:43:07,333 Tommy, you in there? 911 00:43:12,432 --> 00:43:13,934 There you are. 912 00:43:15,701 --> 00:43:19,080 My wife's been after me to fix this thing for a year. 913 00:43:20,306 --> 00:43:22,946 It's good you finally got around to it. 914 00:43:23,042 --> 00:43:25,249 Afraid I was gonna eat my gun? 915 00:43:27,080 --> 00:43:29,117 Now, why would you do that? 916 00:43:29,849 --> 00:43:31,590 I disgraced myself. 917 00:43:32,952 --> 00:43:34,625 Disgraced the job. 918 00:43:36,689 --> 00:43:38,430 You made a mistake. 919 00:43:39,025 --> 00:43:41,232 It's not the end of the world. 920 00:43:45,932 --> 00:43:47,411 I let him go. 921 00:43:48,768 --> 00:43:51,180 He killed a girl and I let him go. 922 00:43:53,339 --> 00:43:55,080 So now he's caught. 923 00:44:02,548 --> 00:44:04,459 You forgive me, Lennie? 924 00:44:08,454 --> 00:44:10,229 All day long, Tommy. 925 00:44:11,057 --> 00:44:12,536 All day long.