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In the criminal justice system
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00:00:03,595 --> 00:00:07,463
the people are represented by two
separate yet equally important groups,
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00:00:07,532 --> 00:00:09,363
the police
who investigate crime
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00:00:09,434 --> 00:00:12,198
and the district attorneys
who prosecute the offenders.
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These are their stories.
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Gil.
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Gil.
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Gil, we'll be home
in half an hour.
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00:00:27,084 --> 00:00:30,178
Come on, Cin.
They did it in Fatal Attraction.
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Sure, with stunt doubles.
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00:00:33,424 --> 00:00:34,482
It's now or never.
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In a couple of years, we'll need
notes from our chiropractor.
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We'll need new jobs
if we get caught.
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It would
have been great.
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It'll be great
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in half an hour with
the front door locked.
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Are you crazy?
You stay here.
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Call 911.
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The cleaning crew doesn't
show up till after 9:00.
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I was pretty sure we were the
only ones left in the building.
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The people in this
office, you know them?
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Just to say hi.
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Like we told the other detective,
they ran a computer magazine.
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They seemed like a fun bunch.
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They always had music playing.
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Thank you.
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Body count's three. We found four shells.
Nine millimeter.
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As far as we can tell,
all the vics worked here.
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Sally Kestler, 26.
She used to have black hair.
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Nose ring's new, too.
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Along with the bullet hole.
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What's his story?
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First unit on the scene
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found him hiding in the john
over there, pale as a ghost.
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I'll bet. Be sure to check his
hands for powder residue.
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00:02:14,857 --> 00:02:17,826
Detective Curtis
already put in a request.
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00:02:17,893 --> 00:02:22,455
Jesse Rand, 24. Powder burns on
his shirt, bruises on his hands.
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Probably from beating on
the guy who shot him.
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Make sure Mr.
Rand gets under the microscope.
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I already got that one from Detective Curtis.
He's in there.
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Hey, I paged you three times.
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I was stuck in
the Midtown Tunnel.
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Anyway, it sounds like
you had it covered.
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Meet Edward Nicodos, the Editor-ln-Chief.
Two shots, in and out.
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Those accountants said they heard two
quick shots and then two singles.
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Right. That makes him first.
Who says it's good to be the king?
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"BYTEhead Magazine.
Feeding the head of Generation X."
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Better make that
Generation X'd out.
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I can't believe this crap.
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They were looking for
gun powder on my hands.
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Take it easy.
They were just following procedure.
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You know, if I wasn't hugging
porcelain when the shooting started,
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I'd be dead right now.
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Two weeks on the
job and I'm dead.
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Was there anyone in the office
besides the four of you?
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No, we just put
issue 14 to bed,
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and Eddie popped the cork
and ordered takeout.
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Well, between the champagne and
the General Tso's Chicken,
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my stomach started
doing wheelies.
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What about office romances?
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Maybe somebody's significant
other got jealous?
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I just did phones and errands.
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I mean, the grapevine didn't
exactly grow my way.
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Then who on your
staff would know?
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00:04:47,072 --> 00:04:49,301
You're looking at
what's left of the staff.
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00:04:49,374 --> 00:04:52,707
There was Eddie, and Sally,
the Senior Editor,
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and Jesse, the Associate
Publisher, and me.
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You're saying four people
ran this whole thing?
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Eddie ran a virtual office.
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00:05:00,118 --> 00:05:04,578
There was a part-time editor in Saratoga,
and a graphics guy in Baltimore.
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Everything got done
with faxes and modems.
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Beats coming into
work every day.
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00:05:10,828 --> 00:05:13,353
Sally Kestler's roommate says
she wasn't seeing anybody.
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00:05:13,431 --> 00:05:16,889
And judging by his dance card, Eddie
Nicodos was seeing everybody.
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00:05:16,968 --> 00:05:19,937
And Jesse Rand's boyfriend was
playing bass at a club last night.
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Jesse Rand?
He's the one with the powder burns?
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00:05:22,607 --> 00:05:25,371
Yeah, shot almost point
blank near a fire exit.
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Forensics pulled some dark blue
wool fibers from under his nails.
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He probably got
his mitts on the guy.
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00:05:30,949 --> 00:05:33,041
CSU check the fire door?
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00:05:33,116 --> 00:05:37,610
Yeah, they found some powder residue on
the handle and a couple of dozen prints,
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mostly smudged, mostly from the vics,
and one from the kid in the john.
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Popular door.
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Yeah, it leads
to the side street,
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but it's not wired
up to an alarm.
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Well, somebody who's been
there before would know that.
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Start with former employees.
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We checked the offices,
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00:05:51,835 --> 00:05:54,463
but the place was big on gadgets,
not personnel records.
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What about the next of kin?
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They've been notified.
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They own Nicodos Food Distribution.
It's a big operation.
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Yeah, I've been stuck behind
a few of their trucks.
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00:06:02,479 --> 00:06:04,344
You talk to Elaine Nicodos?
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00:06:08,352 --> 00:06:10,582
She's listed as
Executive Editor.
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I don't understand.
Edward was my baby.
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Why would somebody do this?
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Come on, Mom, sit down.
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Elizabeth, be a dear and
take the children upstairs.
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Come on, let's go.
Let's go upstairs.
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Terribly sorry for your loss, Mrs.
Nicodos.
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I buried my husband a year ago.
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I thought after his memorial yesterday,
we could move on with our lives.
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If I didn't have Peter and his
family living here with me,
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I don't know what I'd do.
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We'll help you any way we can.
Just tell us what you need.
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Well, to start with,
can you think of anybody
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who might have had a grudge against
your brother or the magazine?
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00:07:00,236 --> 00:07:02,430
No. Nothing comes to mind.
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Eddie had a lot of friends.
Everybody liked him.
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00:07:05,774 --> 00:07:09,301
Well, somebody he fired might
have a different opinion.
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00:07:09,377 --> 00:07:12,505
Were you aware of any problems
with a former employee?
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00:07:12,580 --> 00:07:14,639
If there were,
I really wouldn't know.
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00:07:14,716 --> 00:07:17,446
But you are the Executive
Editor of the magazine, right?
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It's just a title.
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Just Eddie's way of saying thank you
for giving him the start-up money.
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So you didn't keep up with
the day-to-day over there?
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Our business is
food distribution.
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The magazine was
strictly Eddie's venture.
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We'd like to see his personnel file.
There was nothing in the office.
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He retained a business manager.
I'll have the records released to you.
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Eddie was full of ideas.
He had so much promise.
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How could someone
take him away?
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All three of them?
That's incredible.
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I'm totally floored.
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I just spoke to Sally
a few weeks ago.
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Really? We didn't think you were still
on speaking terms with the people there.
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Why, because I was fired?
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Well, that's one reason.
Another one is this letter.
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"You're a son of a bitch,
John's a son of a bitch,
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"and you can both go to hell,
the sooner the better."
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00:08:15,042 --> 00:08:17,510
We found this in your
personnel file, Ms. Russell.
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00:08:17,578 --> 00:08:21,742
So? I worked five months straight
giving that rag its look,
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00:08:21,815 --> 00:08:25,080
and then I got dinged 'cause I wouldn't
let some lech play grab-ass with me.
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I'm supposed to be happy?
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The lech, that would be John?
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John Wheeler.
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I'd be in his office working,
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and all of a sudden he says
he has to take a leak.
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He unzips right there
and pees into a cup.
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Guy was a pig.
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00:08:38,898 --> 00:08:39,922
So you complained.
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00:08:39,999 --> 00:08:41,830
Eddie thought it was funny.
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I spelled it out for him.
It was me or John.
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00:08:44,971 --> 00:08:46,563
So after you got
pink-slipped,
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00:08:46,639 --> 00:08:49,005
why didn't you let a lawyer
write your hate mail for you?
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00:08:49,075 --> 00:08:51,737
I did. She said I had
a great case,
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00:08:51,811 --> 00:08:53,904
until she realized the
magazine had no assets.
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00:08:53,980 --> 00:08:55,811
Well, Eddie got his
consciousness raised.
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00:08:55,882 --> 00:08:58,544
John Wheeler was fired
two weeks ago.
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00:08:58,618 --> 00:08:59,880
Oh, God.
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00:09:00,920 --> 00:09:05,084
When Sally called me, she sounded worried.
John had started in on her.
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00:09:05,158 --> 00:09:07,683
He even followed
her home one night.
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Leave me a number. I gotta finish
this piece on molecular computers.
155
00:09:11,531 --> 00:09:13,055
I got two magazines
bidding for it.
156
00:09:13,132 --> 00:09:16,828
Hey, that badge we showed you
means we got dibs on your time.
157
00:09:16,902 --> 00:09:20,133
Now, let's hear about your
problem with Sally Kestler.
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00:09:20,205 --> 00:09:21,638
Come on. You look at some
chicks the wrong way,
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you become a serial rapist.
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You follow them home,
maybe you are.
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00:09:26,545 --> 00:09:30,504
Big misunderstanding, that's all.
Sally never had a sense of humor.
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00:09:30,582 --> 00:09:32,777
Did you lose yours
after she got you fired?
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00:09:32,851 --> 00:09:34,648
That had nothing to do with it.
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00:09:34,719 --> 00:09:36,744
Eddie was just
jealous of my talent.
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00:09:36,822 --> 00:09:39,552
Couldn't deal with the fact that I was
the real juice behind the magazine.
166
00:09:39,624 --> 00:09:42,354
Right. You're so brilliant, you're
hustling the freelance market.
167
00:09:42,427 --> 00:09:44,361
Temporary setback.
168
00:09:44,429 --> 00:09:46,659
Look, man, I wrote
this killer review
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00:09:46,731 --> 00:09:50,030
on this mega carnage piece of
crap CD-ROM Thrasher.
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00:09:51,002 --> 00:09:54,494
Burned the game, the programmer,
got a lot of buzz from it.
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00:09:54,573 --> 00:09:58,532
Eddie felt threatened.
Only room for one resident genius.
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00:09:58,610 --> 00:10:02,409
What the hell. Mozart couldn't
hack the nine-to-five either.
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00:10:02,480 --> 00:10:05,574
Just what masterpiece
were you creating,
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say two nights ago,
around 8:30?
175
00:10:08,118 --> 00:10:09,949
I was at Annie's Diner on Lex.
176
00:10:11,455 --> 00:10:13,821
Johnny has some fast
hands for a white boy,
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00:10:13,891 --> 00:10:16,359
but he was never
getting a piece of this.
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00:10:16,427 --> 00:10:18,987
Now, you, you might
have a chance.
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00:10:19,063 --> 00:10:21,657
Not without a note
from my wife.
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00:10:21,732 --> 00:10:23,199
What time did Johnny take off?
181
00:10:23,267 --> 00:10:24,325
Just before 9:00.
182
00:10:24,401 --> 00:10:26,631
He said he had a date with
some girl on his computer.
183
00:10:26,704 --> 00:10:28,797
So I asked him, what
is the thrill in that?
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00:10:28,873 --> 00:10:32,104
I'm sure he types fast with one hand.
Thanks.
185
00:10:34,745 --> 00:10:37,270
So Wheeler's story checked out.
186
00:10:37,348 --> 00:10:39,111
He's quite the wordsmith.
187
00:10:39,183 --> 00:10:41,344
I read his review.
Most of it's up your alley,
188
00:10:41,418 --> 00:10:43,908
but the thumbs down part comes
through loud and clear.
189
00:10:44,020 --> 00:10:47,148
Well, a little controversy gets people talking.
Eddie couldn't have minded.
190
00:10:47,223 --> 00:10:49,487
Well, he may have
had second thoughts.
191
00:10:49,559 --> 00:10:53,689
Their latest issue, there's a
retraction printed on the last page.
192
00:10:53,763 --> 00:10:56,391
So the guys who invented the
game must've weighed in.
193
00:10:56,466 --> 00:10:59,230
Well, only five lines.
Not much of an apology.
194
00:10:59,302 --> 00:11:02,669
My girlfriend insists on
flowers and a box of Godiva.
195
00:11:02,739 --> 00:11:05,264
Well, maybe somebody came
back for the chocolates.
196
00:11:06,509 --> 00:11:09,501
Thrasher is an action-thriller
music-video-adventure experience.
197
00:11:09,579 --> 00:11:11,342
I get that riding the subway.
198
00:11:11,414 --> 00:11:14,906
So BYTEhead magazine didn't like your game.
That calls for an apology?
199
00:11:14,984 --> 00:11:16,747
They weren't
supposed to review it.
200
00:11:16,819 --> 00:11:19,310
I let Eddie Nicodos
see a prototype.
201
00:11:19,389 --> 00:11:22,051
Bastard said he wouldn't write about
it until I worked out the bugs.
202
00:11:22,125 --> 00:11:25,424
So what happened?
Eddie didn't say I'm sorry loud enough?
203
00:11:25,495 --> 00:11:28,861
I worked three years on this project.
I lost my backers.
204
00:11:28,931 --> 00:11:31,126
I've been on the phone every day,
trying to raise new capital.
205
00:11:31,199 --> 00:11:34,191
Yeah, all those busy signals
can get pretty frustrating.
206
00:11:34,269 --> 00:11:36,601
You want to tell us where you
were the night Eddie got shot?
207
00:11:36,672 --> 00:11:39,835
Right here. Look, Eddie might
have been a back-stabbing jerk,
208
00:11:39,908 --> 00:11:41,671
but I wouldn't kill him.
209
00:11:41,743 --> 00:11:44,211
At least not until my lawyer
was through with him.
210
00:11:48,550 --> 00:11:51,314
Liability here is
eight figures.
211
00:11:51,386 --> 00:11:54,753
That review damaged my
client's business reputation.
212
00:11:54,823 --> 00:11:57,690
It interfered with his
contractual relationships.
213
00:11:57,759 --> 00:11:59,522
So a lawsuit gets
your name in the paper.
214
00:11:59,595 --> 00:12:02,758
All you'll be able to do with a judgment
against the magazine is frame it.
215
00:12:02,831 --> 00:12:05,095
We didn't just sue
Eddie Nicodos.
216
00:12:05,167 --> 00:12:06,862
You found deeper pockets?
217
00:12:06,935 --> 00:12:09,335
His family's business Nicodos
Food Distribution Inc.
218
00:12:09,404 --> 00:12:11,304
Has also been
named in the suit.
219
00:12:11,373 --> 00:12:14,500
Our position is they're the
true owners of the magazine.
220
00:12:14,575 --> 00:12:16,634
We sure nailed his brother
on it at the deposition.
221
00:12:16,711 --> 00:12:20,238
Brother Peter, who never kept up
with the day-to-day at the magazine?
222
00:12:20,314 --> 00:12:22,214
We definitely
had his attention.
223
00:12:22,283 --> 00:12:24,478
Do you have a transcript
of the deposition?
224
00:12:24,552 --> 00:12:26,747
Better.
I have a videotape.
225
00:12:26,821 --> 00:12:28,948
I don't see how my mother
giving money to Eddie
226
00:12:29,023 --> 00:12:30,581
has anything
to do with this.
227
00:12:30,658 --> 00:12:32,626
That's what we're
here to find out.
228
00:12:32,693 --> 00:12:35,355
Has your brother's magazine received
any other funds from Nicodos Foods?
229
00:12:35,429 --> 00:12:38,057
Wait, wait, wait, wait a minute.
What do you mean, "Any other funds?"
230
00:12:38,132 --> 00:12:41,693
The start-up money came from my mother's
personal account, not the business.
231
00:12:41,769 --> 00:12:44,135
Remind me to borrow this
next time I can't sleep.
232
00:12:44,205 --> 00:12:46,196
This is all very interesting,
but I've got things to do.
233
00:12:46,273 --> 00:12:47,934
Ed... No, I'm here,
so you're here, too.
234
00:12:48,009 --> 00:12:49,567
It's your
problem, Pete.
235
00:12:49,644 --> 00:12:51,134
You want to sue me,
go right ahead.
236
00:12:51,212 --> 00:12:52,804
The magazine's
judgment-proof.
237
00:12:52,880 --> 00:12:54,745
You think you can collect from
my brother, be my guest.
238
00:12:54,815 --> 00:12:58,250
You irresponsible, spoiled brat.
I'm sitting here, taking this... Sit down!
239
00:12:58,318 --> 00:13:00,309
Go to hell!
God...
240
00:13:01,254 --> 00:13:02,414
Nice family.
241
00:13:02,489 --> 00:13:05,219
Who said we're not
the city of brotherly love?
242
00:13:08,461 --> 00:13:10,486
The lawsuit is
just a lot of smoke.
243
00:13:10,563 --> 00:13:13,361
Our business has nothing
to do with Eddie's magazine.
244
00:13:13,433 --> 00:13:15,458
My attorney assures me
we're in the clear.
245
00:13:15,535 --> 00:13:18,766
So when you didn't tell us about
it, that was just an oversight?
246
00:13:19,973 --> 00:13:21,440
I didn't think it was relevant.
247
00:13:21,508 --> 00:13:23,499
A $12 million lawsuit?
248
00:13:23,576 --> 00:13:25,237
Hey, we understand if you
didn't want us to know
249
00:13:25,311 --> 00:13:27,745
how upset you were
at your brother.
250
00:13:27,814 --> 00:13:29,611
We saw the deposition tape.
251
00:13:31,418 --> 00:13:32,942
So I overreacted.
252
00:13:33,053 --> 00:13:35,578
Eddie put us in a
vulnerable position.
253
00:13:36,690 --> 00:13:38,453
My grandfather built this firm.
254
00:13:38,525 --> 00:13:41,254
I take seriously my duty to
protect the family's interests.
255
00:13:41,326 --> 00:13:45,092
I'm not gonna sit back and let some little
shyster bleed us over a computer game.
256
00:13:45,164 --> 00:13:47,792
No, you're going to yell at your brother.
Makes perfect sense.
257
00:13:47,866 --> 00:13:51,962
We weren't twins, Detective.
We handled things differently.
258
00:13:52,037 --> 00:13:55,234
My brother was imaginative.
259
00:13:55,307 --> 00:13:57,104
Well, we have
imaginations, too,
260
00:13:57,176 --> 00:14:00,373
so if you could tell us your
whereabouts the night he was killed?
261
00:14:02,448 --> 00:14:06,111
I was here. I spent the
entire day with my mother,
262
00:14:06,185 --> 00:14:09,848
the memorial service,
dinner at Periyali.
263
00:14:09,922 --> 00:14:12,117
Payroll checks don't
sign themselves.
264
00:14:12,191 --> 00:14:13,783
What time did you leave?
265
00:14:13,859 --> 00:14:17,852
Around 9:30, so I could kiss
my children good night.
266
00:14:17,930 --> 00:14:21,627
Now, if you'll excuse me,
I have people waiting for me.
267
00:14:21,700 --> 00:14:26,136
I still can't get over it.
I knew Eddie since he was in short pants.
268
00:14:26,204 --> 00:14:28,365
That kid could never sit still.
269
00:14:28,439 --> 00:14:30,737
The things his folks would
let him get away with.
270
00:14:30,808 --> 00:14:34,141
What about lately?
You see him around here with Peter?
271
00:14:34,212 --> 00:14:37,807
No. Last time he was around
here was five years ago.
272
00:14:38,916 --> 00:14:40,850
He was out of college.
273
00:14:40,918 --> 00:14:44,251
The old man talked him into taking
a job in the sales department.
274
00:14:44,322 --> 00:14:46,085
Not his cup of tea, huh?
275
00:14:46,157 --> 00:14:47,715
He lasted two months.
276
00:14:47,792 --> 00:14:49,919
Pete was his boss.
277
00:14:49,994 --> 00:14:54,090
They had a blowout on the loading dock
and Eddie found something else to do.
278
00:14:54,165 --> 00:14:58,397
According to your log book, you were
on duty the night he got killed.
279
00:14:58,469 --> 00:15:01,233
That's right.
I had a man out sick.
280
00:15:01,305 --> 00:15:03,535
Did you see
Peter come in?
281
00:15:03,608 --> 00:15:07,203
About 8:00.
He went right up to his office.
282
00:15:07,278 --> 00:15:09,837
He's not a talkative man.
He's always got something on his mind.
283
00:15:09,913 --> 00:15:10,937
What time did he leave?
284
00:15:11,014 --> 00:15:12,072
That I couldn't tell you.
285
00:15:12,149 --> 00:15:14,242
Sometimes he goes out
through the warehouse.
286
00:15:14,317 --> 00:15:15,306
Why do you want to know?
287
00:15:15,385 --> 00:15:18,912
Well, we got a lot of blank
spaces to fill in on our reports.
288
00:15:18,989 --> 00:15:22,015
Do you happen to know if he
keeps a gun in his office?
289
00:15:24,327 --> 00:15:26,124
No, he doesn't.
290
00:15:26,196 --> 00:15:27,925
Had to think that one over?
291
00:15:27,998 --> 00:15:31,991
Mr. Brice, if you want
to reconsider your answer...
292
00:15:34,738 --> 00:15:39,072
Mr. Nicodos' secretary keeps a
licensed handgun locked in her desk,
293
00:15:39,142 --> 00:15:41,372
for nights when she works late.
294
00:15:41,444 --> 00:15:43,605
She worries about carjackers.
295
00:15:43,680 --> 00:15:44,738
And?
296
00:15:47,350 --> 00:15:51,810
And this morning, she called
me to report it missing.
297
00:15:51,888 --> 00:15:54,378
Did Mr. Nicodos know
she had a gun?
298
00:15:55,524 --> 00:15:58,823
He signed the affidavit
for the premise permit.
299
00:15:58,894 --> 00:16:01,886
Last time she saw it was the
day before the shootings.
300
00:16:01,964 --> 00:16:04,990
And as far as she knows, Nicodos
does have a key to her desk.
301
00:16:05,067 --> 00:16:07,535
According to her permit, it's
a Ladysmith nine millimeter.
302
00:16:07,603 --> 00:16:09,730
I checked the rifling.
It's a six with a right twist,
303
00:16:09,805 --> 00:16:11,705
same as the slugs
we recovered from vics.
304
00:16:11,774 --> 00:16:14,402
Making Peter a prime
candidate for a sit-down.
305
00:16:14,476 --> 00:16:17,775
No point putting him in the hot
seat if we can't keep him there.
306
00:16:17,847 --> 00:16:20,975
Nicodos went straight from
the memorial to the office.
307
00:16:21,050 --> 00:16:23,075
With one stop in
between for dinner.
308
00:16:23,152 --> 00:16:26,815
Forensics found dark blue wool
fibers on one of the victims.
309
00:16:26,889 --> 00:16:31,155
I'm no Donna Karan, but I know the
right fashion for solemn occasions.
310
00:16:33,195 --> 00:16:36,426
I really don't remember
what Peter was wearing.
311
00:16:36,498 --> 00:16:38,090
I'm sure it was
something appropriate.
312
00:16:38,199 --> 00:16:39,632
Where are those people going?
313
00:16:39,701 --> 00:16:42,670
The warrant allows us to search
the whole house, Mrs. Nicodos,
314
00:16:42,737 --> 00:16:43,999
starting with your son's room.
315
00:16:44,072 --> 00:16:47,530
What do you expect to find?
It doesn't make any sense.
316
00:16:47,609 --> 00:16:52,342
That day at the memorial service, did
anything happen between your sons?
317
00:16:52,413 --> 00:16:55,246
Eddie couldn't be there.
I told him it was all right.
318
00:16:55,316 --> 00:16:57,910
He had a deadline
at the magazine.
319
00:16:57,986 --> 00:17:01,012
But you haven't answered
my question, Detective.
320
00:17:01,089 --> 00:17:03,250
What do you expect to find?
321
00:17:03,324 --> 00:17:06,020
Why don't we just wait and
see what happens, okay?
322
00:17:08,029 --> 00:17:10,463
That day is like
a blur, Detective.
323
00:17:10,531 --> 00:17:13,967
Peter was on the phone with his office,
the church and the restaurant.
324
00:17:14,035 --> 00:17:15,434
My youngest had the flu.
325
00:17:15,503 --> 00:17:17,869
Did your husband say anything
to you about his brother?
326
00:17:17,939 --> 00:17:21,306
He was disappointed that Eddie
was missing the service,
327
00:17:21,376 --> 00:17:23,275
but we really didn't
have a chance to talk.
328
00:17:23,343 --> 00:17:24,935
Just as we were about
to sit down to dinner,
329
00:17:25,012 --> 00:17:26,707
he was called away to a
meeting with his lawyer.
330
00:17:26,780 --> 00:17:28,714
Did he mention
what it was about?
331
00:17:28,782 --> 00:17:31,012
It was that lawsuit
with the magazine.
332
00:17:31,084 --> 00:17:34,144
Detective, we got grays,
taupes and pinstripes,
333
00:17:34,221 --> 00:17:35,620
but nothing in a dark blue.
334
00:17:35,689 --> 00:17:38,590
There's nothing in the other
closets, either. And no gun.
335
00:17:40,060 --> 00:17:43,393
Even money there's a blue suit
fertilizing the dump at Fishkill.
336
00:17:43,463 --> 00:17:45,624
Yeah, with a nine
millimeter in the pocket.
337
00:17:45,699 --> 00:17:48,566
Now, the mother said Eddie
skipped the old man's service.
338
00:17:48,635 --> 00:17:51,160
Maybe Peter took it personally.
Could've sent him over the edge.
339
00:17:51,238 --> 00:17:52,899
Or maybe talking
to his lawyer did.
340
00:17:52,973 --> 00:17:55,965
His wife said he ran off to a meeting
about the lawsuit after the memorial.
341
00:17:56,043 --> 00:17:59,012
Yeah, the nothing lawsuit
that just couldn't wait.
342
00:17:59,079 --> 00:18:01,775
I doubt if his lawyer will
tell us what was so pressing.
343
00:18:01,848 --> 00:18:03,941
Maybe the other
guy's lawyer will.
344
00:18:04,918 --> 00:18:06,886
How do I know why he
went to see his lawyer?
345
00:18:06,954 --> 00:18:09,114
I'm sure I'm not the
only thorn in his side.
346
00:18:09,188 --> 00:18:10,280
You were that day.
347
00:18:10,356 --> 00:18:13,553
You know, Lennie, we'd be remiss
if we didn't call his clients.
348
00:18:13,626 --> 00:18:14,991
They might want to
find another lawyer
349
00:18:15,061 --> 00:18:17,552
while Mr. Kaiser here is under
investigation for obstruction.
350
00:18:17,630 --> 00:18:20,155
Now, wait a minute.
I'd love to cooperate,
351
00:18:20,232 --> 00:18:22,666
but you know I can't divulge
information from my client's file.
352
00:18:22,735 --> 00:18:24,794
We're not asking about
privileged conversations.
353
00:18:24,870 --> 00:18:28,169
We just want to know what bug you
dropped in Peter Nicodos' shorts.
354
00:18:30,676 --> 00:18:32,974
I found a shell corporation.
355
00:18:34,513 --> 00:18:38,973
Gaston Inc. It was getting $10,000
a month from Nicodos Foods.
356
00:18:39,051 --> 00:18:41,849
I believe that's how they
diverted money to the magazine.
357
00:18:41,921 --> 00:18:45,152
I served a set of interrogatories
on Nicodos' attorney that morning.
358
00:18:49,729 --> 00:18:53,459
Here we go. Penthouse E.
359
00:18:53,531 --> 00:18:57,262
You'd think with 10 grand a month, Gaston Inc.
Could afford a sign on the door.
360
00:18:57,335 --> 00:18:59,235
Not if the building
is zoned residential.
361
00:18:59,304 --> 00:19:00,464
Who is it?
362
00:19:00,538 --> 00:19:03,132
It's the police.
Could you open up the door, please?
363
00:19:06,344 --> 00:19:07,971
Gaston Inc.
364
00:19:08,046 --> 00:19:10,606
Yes, I'm Celia Gaston.
What do you want?
365
00:19:10,682 --> 00:19:12,946
Well, we'd be more
comfortable inside.
366
00:19:16,588 --> 00:19:19,352
Excuse the mess.
I just got back from a business trip.
367
00:19:19,424 --> 00:19:22,154
What business is that,
Ms Gaston?
368
00:19:22,227 --> 00:19:25,025
I'm an interior decorator.
I have clients all over.
369
00:19:25,096 --> 00:19:26,791
Including Nicodos Foods?
370
00:19:27,832 --> 00:19:30,596
I've done some
consulting for them.
371
00:19:30,668 --> 00:19:34,627
Ten thousand a month?
What'd you do, redecorate their warehouse?
372
00:19:36,106 --> 00:19:39,371
Peter Nicodos is a personal
friend of yours, am I right?
373
00:19:39,443 --> 00:19:41,468
A very generous
personal friend?
374
00:19:41,545 --> 00:19:43,445
I don't see how that's
any of your business.
375
00:19:43,514 --> 00:19:44,845
Believe me, it is.
376
00:19:46,417 --> 00:19:48,442
What's going on?
Is Peter in trouble?
377
00:19:48,519 --> 00:19:51,454
If you don't mind, we'll ask
the questions, Ms. Gaston.
378
00:19:51,522 --> 00:19:53,513
When was the last
time you saw Peter?
379
00:19:55,359 --> 00:19:57,384
Three nights ago.
380
00:19:57,461 --> 00:20:01,329
He came by after his dad's service.
Said he couldn't see me anymore.
381
00:20:01,398 --> 00:20:03,593
Did he give you a reason why?
382
00:20:03,667 --> 00:20:05,259
It was personal.
383
00:20:05,335 --> 00:20:06,893
Now I think you should leave.
384
00:20:08,539 --> 00:20:12,202
Ms. Gaston, his brother
Eddie was shot that night.
385
00:20:12,276 --> 00:20:14,301
We think he might
have been involved.
386
00:20:16,447 --> 00:20:17,846
Oh, my God.
387
00:20:19,283 --> 00:20:20,874
I had no idea.
388
00:20:22,285 --> 00:20:26,847
One more time, Ms. Gaston.
Did he tell you anything?
389
00:20:30,426 --> 00:20:34,260
If you don't cooperate, we can have you
arrested and held as a material witness.
390
00:20:34,330 --> 00:20:35,524
We'd rather not do that, but...
391
00:20:35,598 --> 00:20:37,828
It's because of that lawyer.
392
00:20:37,900 --> 00:20:39,663
The one suing them.
393
00:20:40,670 --> 00:20:44,299
Eddie told him who I was, and the
lawyer called Peter that day.
394
00:20:44,373 --> 00:20:46,534
He said he had
to settle the case
395
00:20:46,676 --> 00:20:49,042
or he'd tell
his family about us.
396
00:20:49,278 --> 00:20:50,643
He was being blackmailed.
397
00:20:50,713 --> 00:20:52,613
Nice move, Eddie.
398
00:20:52,682 --> 00:20:56,140
When Peter left here, did he
tell you where he was going?
399
00:20:56,219 --> 00:21:00,155
No. He was just ranting about Eddie.
He was furious.
400
00:21:00,223 --> 00:21:02,020
How furious was that?
401
00:21:03,993 --> 00:21:07,723
I've seen him mad at Eddie before,
but nothing like that night.
402
00:21:07,796 --> 00:21:10,629
Does Peter keep
a change of clothes here?
403
00:21:14,603 --> 00:21:16,662
I felt so sorry for him.
404
00:21:17,639 --> 00:21:20,403
Peter had so many obligations.
405
00:21:20,475 --> 00:21:23,000
That job he hates, his family.
406
00:21:24,112 --> 00:21:27,548
He said when he was with me,
he could just be himself.
407
00:21:28,850 --> 00:21:30,715
Looks dark blue to me.
408
00:21:31,553 --> 00:21:35,080
Okay, bad news first.
The suit's a wool-cotton blend.
409
00:21:35,157 --> 00:21:37,387
Fibers from the victim
are tropical wool.
410
00:21:37,459 --> 00:21:38,551
And the good?
411
00:21:38,627 --> 00:21:40,652
The suit had
cat hairs on the pants.
412
00:21:40,729 --> 00:21:43,220
Right, the girl has a cat.
So that's good.
413
00:21:43,298 --> 00:21:44,492
Well, the cat gets around.
414
00:21:44,566 --> 00:21:47,865
I pulled similar cat hairs off the
same victim who had the fibers.
415
00:21:47,936 --> 00:21:50,631
Nicodos might have picked up some
hairs from his girlfriend's place.
416
00:21:50,704 --> 00:21:52,331
They end up on
the guy he struggled with.
417
00:21:52,406 --> 00:21:53,839
You sure the hairs
are the same?
418
00:21:53,908 --> 00:21:56,570
I said similar. I'll have to run
tests for a positive match.
419
00:21:56,644 --> 00:21:58,669
Give me a few weeks, and
I'll sign my name to it.
420
00:21:58,746 --> 00:22:01,943
Similar's good enough for me.
I hope it's good enough for a judge.
421
00:22:06,187 --> 00:22:08,348
Mr. Nicodos.
422
00:22:08,422 --> 00:22:09,946
Excuse me.
423
00:22:10,257 --> 00:22:12,020
Can't this wait?
We're going to be late for the Met.
424
00:22:12,092 --> 00:22:14,526
Don't worry, it'll still be
there 25 years from now.
425
00:22:14,595 --> 00:22:17,359
Peter Nicodos, you're under arrest
for the murder of Edward Nicodos.
426
00:22:17,431 --> 00:22:19,865
You have the right to remain silent.
Anything you do say
427
00:22:19,934 --> 00:22:22,664
can and will be used against
you in a court of law.
428
00:22:25,539 --> 00:22:29,270
"Case number 830695,
People v. Peter Nicodos Jr.
429
00:22:29,343 --> 00:22:31,436
"Three counts of murder
in the second degree."
430
00:22:32,980 --> 00:22:34,708
I'm ready for your
plea, Mr. Nicodos.
431
00:22:34,781 --> 00:22:35,975
Not guilty, Your Honor.
432
00:22:36,049 --> 00:22:38,074
Your Honor, the People ask
for remand without bail.
433
00:22:38,151 --> 00:22:39,550
Absurd, Your Honor.
434
00:22:39,619 --> 00:22:41,849
The defendant shot three
people in cold blood.
435
00:22:41,921 --> 00:22:43,912
He's wealthy, his family
owns a private plane.
436
00:22:43,990 --> 00:22:45,685
He poses a
significant flight risk.
437
00:22:45,758 --> 00:22:49,524
My client will gladly surrender his
passport and the keys to his plane.
438
00:22:49,596 --> 00:22:51,359
He has numerous ties
to the community.
439
00:22:51,431 --> 00:22:54,400
He has a wife and two small children.
He's not going anywhere.
440
00:22:54,467 --> 00:22:56,332
The defendant
killed two witnesses.
441
00:22:56,402 --> 00:22:59,530
He's shown how far he'll
go to avoid prosecution.
442
00:22:59,606 --> 00:23:01,403
And I want him
where we can find him.
443
00:23:01,608 --> 00:23:03,667
The defendant is
remanded to custody.
444
00:23:04,744 --> 00:23:07,008
It's a disgrace, McCoy.
445
00:23:07,080 --> 00:23:10,709
My client should be home, helping
his kids with their schoolwork.
446
00:23:10,783 --> 00:23:14,446
I saw the crime scene photos.
I know how much his family means to him.
447
00:23:14,520 --> 00:23:16,613
But I'm innocent.
I didn't kill anybody.
448
00:23:16,689 --> 00:23:20,681
You've already learned the Rikers
Island theme song. Good for you.
449
00:23:20,759 --> 00:23:23,592
I'm not dealing for anything
less than a full sentence.
450
00:23:23,662 --> 00:23:26,654
You better check your cards
before you shoot the moon.
451
00:23:26,732 --> 00:23:28,632
Forensics ties him
to one of the victims.
452
00:23:28,700 --> 00:23:32,363
His fingerprints were on Eddie's desk.
He had access to the murder weapon.
453
00:23:32,437 --> 00:23:33,870
He had opportunity and motive.
454
00:23:33,939 --> 00:23:35,201
Motive being?
455
00:23:35,274 --> 00:23:37,174
Thanks to his brother,
he was being blackmailed.
456
00:23:37,242 --> 00:23:40,473
Well, then, he'd be angry at the people
blackmailing him, not at his brother.
457
00:23:40,545 --> 00:23:41,944
Not according
to Ms. Gaston.
458
00:23:42,014 --> 00:23:44,448
Well, she can't
establish motive,
459
00:23:46,184 --> 00:23:47,674
if she can't testify.
460
00:23:50,956 --> 00:23:53,891
It's black letter law, Your
Honor, as black as it gets.
461
00:23:53,959 --> 00:23:59,090
Out-of-court statements used to support the
truth of the facts stated are hearsay.
462
00:23:59,164 --> 00:24:03,065
Anything my client said to Ms.
Gaston is inadmissible.
463
00:24:03,134 --> 00:24:06,160
It is black letter, but you're
looking at the wrong law.
464
00:24:06,237 --> 00:24:09,229
Any statement by a
defendant is an admission
465
00:24:09,307 --> 00:24:11,241
and falls outside
the hearsay rules.
466
00:24:11,309 --> 00:24:15,268
That would be correct if we were talking
about a statement made by the defendant,
467
00:24:15,346 --> 00:24:19,146
not a statement made by a
third party to the defendant.
468
00:24:20,318 --> 00:24:22,752
Ms. Gaston told the police
469
00:24:22,820 --> 00:24:26,415
the plaintiff's lawyer threatened Mr.
Nicodos with blackmail.
470
00:24:26,490 --> 00:24:28,549
That's hearsay.
471
00:24:28,626 --> 00:24:30,491
He's right, Mr. McCoy.
472
00:24:30,561 --> 00:24:32,188
The statement is excluded.
473
00:24:32,263 --> 00:24:35,426
With all due respect, that doesn't
preclude her from testifying
474
00:24:35,499 --> 00:24:37,023
to the defendant's
state of mind.
475
00:24:37,101 --> 00:24:38,796
New packaging, same bad taste.
476
00:24:38,869 --> 00:24:40,496
Her observations
aren't hearsay.
477
00:24:40,571 --> 00:24:43,597
She can testify that Peter Nicodos
was angry at his brother that night,
478
00:24:43,674 --> 00:24:46,370
and according to her, angrier
than she'd ever seen him before.
479
00:24:46,443 --> 00:24:48,570
Under extraordinary
conditions, Your Honor.
480
00:24:48,645 --> 00:24:52,274
He was angry at his brother for not
attending their father's memorial.
481
00:24:52,349 --> 00:24:55,682
And this will be totally
misconstrued by a jury.
482
00:24:55,752 --> 00:24:58,312
Yeah, I have to agree.
483
00:24:58,388 --> 00:25:01,152
Under the circumstances,
the prejudicial effect
484
00:25:01,224 --> 00:25:05,422
of Ms. Gaston's testimony will clearly
outweigh its probative value.
485
00:25:06,629 --> 00:25:10,030
I have no choice but to
preclude her from testifying.
486
00:25:13,436 --> 00:25:15,700
Judge Hynes put
in a good day's work.
487
00:25:15,772 --> 00:25:19,833
He yanks the rug out, then he sends
Peter Nicodos home for dinner.
488
00:25:19,909 --> 00:25:23,811
I shared a cubicle with
Edgar Hynes, 35 years ago.
489
00:25:23,880 --> 00:25:27,077
His heart didn't bleed then.
I doubt it does now.
490
00:25:27,150 --> 00:25:31,586
If you lost, it was fair and square.
Look on the bright side.
491
00:25:31,653 --> 00:25:33,518
He probably did you a favor.
492
00:25:33,589 --> 00:25:35,853
By knocking out
our motive witness?
493
00:25:35,924 --> 00:25:40,918
A woman who'd been given her walking
papers by her lover. Some witness.
494
00:25:40,996 --> 00:25:42,088
Check your messages?
495
00:25:42,164 --> 00:25:43,893
Rothenberg's feeling his oats.
496
00:25:43,966 --> 00:25:45,365
I don't expect a call from him.
497
00:25:45,434 --> 00:25:47,299
Lost the dialing
instructions on your phone?
498
00:25:47,369 --> 00:25:49,428
I won't shop for a deal, Adam.
499
00:25:51,006 --> 00:25:54,237
We've got the forensic evidence, we've
got the tapes from the deposition.
500
00:25:54,309 --> 00:25:56,539
It won't take much
to convince a jury,
501
00:25:56,612 --> 00:25:59,172
these brothers didn't walk
out of beau geste.
502
00:26:03,719 --> 00:26:09,089
I was at the office 10, 12 hours
every day, and sometimes weekends.
503
00:26:09,158 --> 00:26:11,820
To your knowledge, during
the weeks you worked there,
504
00:26:11,894 --> 00:26:14,590
did the defendant ever visit
the magazine's offices?
505
00:26:14,663 --> 00:26:19,156
No. I didn't even know Eddie had a
brother until I read it in the papers.
506
00:26:19,233 --> 00:26:20,757
He never talked about him.
507
00:26:21,903 --> 00:26:23,598
Earlier, we heard testimony
508
00:26:23,671 --> 00:26:26,265
that the defendant's fingerprints
were found on Eddie's desk.
509
00:26:26,340 --> 00:26:27,637
Now, let me ask you,
510
00:26:28,976 --> 00:26:32,036
were you working late the
night before the shooting?
511
00:26:32,113 --> 00:26:34,377
Yes. I was there
until midnight.
512
00:26:34,449 --> 00:26:36,940
Were you present when the
cleaning crew came around?
513
00:26:37,018 --> 00:26:39,680
Yes. They showed up
around 9:00.
514
00:26:39,754 --> 00:26:42,348
Did you see them
clean Eddie's desk?
515
00:26:42,423 --> 00:26:45,119
Yes. They wiped
everything down.
516
00:26:45,193 --> 00:26:46,558
Thank you.
517
00:26:47,995 --> 00:26:49,428
Mr. Ricardi,
518
00:26:51,265 --> 00:26:57,067
you have testified that during the two
short weeks you were at the magazine
519
00:26:57,138 --> 00:27:00,300
you were employed as a gofer.
520
00:27:00,373 --> 00:27:05,072
Now, does that mean that you ran
errands outside of the offices?
521
00:27:05,145 --> 00:27:09,946
Yes. Sure, to the printers
and advertising agencies.
522
00:27:10,016 --> 00:27:11,415
A lot of errands.
523
00:27:11,485 --> 00:27:15,751
Isn't it possible that my client dropped
in on his brother when you were out?
524
00:27:15,822 --> 00:27:18,347
Yes, it's possible, I guess.
525
00:27:18,425 --> 00:27:22,691
Now, when these shootings occurred, you
were hiding in the bathroom, correct?
526
00:27:22,762 --> 00:27:25,959
I wasn't hiding.
I was busy in there.
527
00:27:26,066 --> 00:27:30,025
So you did not see my client
shoot anyone, did you?
528
00:27:32,105 --> 00:27:33,629
No.
529
00:27:33,707 --> 00:27:36,301
No more questions for
this witness, Your Honor.
530
00:27:37,277 --> 00:27:40,178
The victim had powder
burns on his shirt,
531
00:27:40,247 --> 00:27:43,705
and there were bruises on the
knuckles of his right hand.
532
00:27:43,783 --> 00:27:45,841
What, if any,
conclusions did you make?
533
00:27:45,918 --> 00:27:49,354
I concluded the victim was
engaged in a very close struggle
534
00:27:49,421 --> 00:27:51,480
with his attacker
when he was shot.
535
00:27:51,557 --> 00:27:53,957
Did you make any other
findings, Detective Chung?
536
00:27:54,026 --> 00:27:57,018
Objection.
Side bar, Your Honor?
537
00:28:02,401 --> 00:28:07,031
Mr. McCoy is soliciting testimony
about cat hairs found on the victim.
538
00:28:07,106 --> 00:28:09,700
If that's foundation
for this report, I object.
539
00:28:09,775 --> 00:28:11,675
What's in the report,
Mr. McCoy?
540
00:28:11,744 --> 00:28:14,838
Forensics matched those hairs
to hairs found in the apartment
541
00:28:14,914 --> 00:28:16,404
of the defendant's mistress.
542
00:28:16,482 --> 00:28:19,076
Your Honor, I received
this report two days ago.
543
00:28:19,151 --> 00:28:20,709
I've barely had
time to skim it.
544
00:28:20,786 --> 00:28:23,016
This is trial by ambush.
545
00:28:23,088 --> 00:28:26,546
They got it an hour after we did, Your Honor.
Nothing was withheld.
546
00:28:26,625 --> 00:28:29,388
If they need time to prepare, we
don't object to an adjournment.
547
00:28:29,460 --> 00:28:31,121
Your Honor, it's not
a question of time.
548
00:28:31,195 --> 00:28:33,026
Our trial strategy was founded
549
00:28:33,097 --> 00:28:36,191
on the presumption the People
did not have this evidence.
550
00:28:36,267 --> 00:28:38,599
The damage can't be undone.
551
00:28:38,670 --> 00:28:42,333
I want this report and any
testimony thereto excluded.
552
00:28:43,942 --> 00:28:45,136
Granted.
Your Honor...
553
00:28:45,209 --> 00:28:50,306
Mr. McCoy, you're lucky I'm not
sanctioning you for discovery violations.
554
00:28:50,381 --> 00:28:51,905
Now, let's move on.
555
00:28:55,019 --> 00:28:57,214
I sent Chung three memos.
556
00:28:57,288 --> 00:28:59,756
He kept promising we'd have
the report before trial.
557
00:28:59,824 --> 00:29:01,587
Have you finished
prepping Detective Curtis?
558
00:29:01,659 --> 00:29:04,389
Yes, but he's not scheduled to
take the stand until tomorrow.
559
00:29:04,462 --> 00:29:06,862
We planned to spend the rest of
today talking about cat hair.
560
00:29:06,931 --> 00:29:08,796
Find him.
Hynes expects us to have a witness
561
00:29:08,866 --> 00:29:11,494
by the time we get
back from lunch.
562
00:29:11,569 --> 00:29:16,028
I don't know who I want to kick
most, Hynes or that lab technician.
563
00:29:16,106 --> 00:29:18,574
Jack, we haven't lost the game.
564
00:29:18,642 --> 00:29:22,601
Right. Just make sure
Curtis gets here in time.
565
00:29:23,513 --> 00:29:25,276
The defendant's
secretary reported
566
00:29:25,349 --> 00:29:29,046
that the nine millimeter handgun she
kept locked in her desk was missing.
567
00:29:29,119 --> 00:29:32,452
We confirmed that the defendant
had a key to the desk.
568
00:29:32,522 --> 00:29:34,888
And what can you tell us
about that missing weapon?
569
00:29:34,958 --> 00:29:37,950
It was a Smith and Wesson
Ladysmith auto.
570
00:29:38,028 --> 00:29:41,088
It had the same rifling as the
slugs recovered from the victims.
571
00:29:41,164 --> 00:29:43,394
Six lans and grooves
with a right twist.
572
00:29:44,334 --> 00:29:45,528
Thank you.
573
00:29:46,670 --> 00:29:48,535
Detective, did you know
that Smith and Wesson
574
00:29:48,605 --> 00:29:50,334
makes eight other
models of handguns
575
00:29:50,407 --> 00:29:52,932
that produce that same
rifling as the Ladysmith?
576
00:29:53,010 --> 00:29:54,841
No. Did you know that
Browning and Walther
577
00:29:54,911 --> 00:29:57,902
also make handguns that
produce that same rifling?
578
00:29:58,914 --> 00:30:00,506
No. Do you know how
many of these weapons
579
00:30:00,583 --> 00:30:03,245
are registered in the Five
Borough area? I don't.
580
00:30:03,319 --> 00:30:06,584
Well, the license division
at One Police Plaza does.
581
00:30:06,656 --> 00:30:08,749
There's just over
5,000 of them,
582
00:30:08,824 --> 00:30:12,055
and this is not counting
the unlicensed ones.
583
00:30:12,128 --> 00:30:14,995
Did you check any of those guns to see
if they might be the murder weapon?
584
00:30:15,064 --> 00:30:19,194
Mr. Nicodos didn't have access
to those weapons, so the answer is no.
585
00:30:19,268 --> 00:30:20,667
No further questions.
586
00:30:23,506 --> 00:30:25,906
The People rest, Your Honor.
587
00:30:25,975 --> 00:30:30,674
Your Honor, pursuant to Criminal
Procedure Law, Section 290. 10,
588
00:30:30,746 --> 00:30:34,409
the defense moves for a
trial order of dismissal.
589
00:30:34,483 --> 00:30:38,681
On the grounds that the evidence against
my client is not legally sufficient
590
00:30:38,754 --> 00:30:40,483
to prove the offense charged.
591
00:30:40,556 --> 00:30:43,683
Your Honor, the People have established
every element of the crime.
592
00:30:43,758 --> 00:30:46,386
I don't agree, Counselor.
593
00:30:46,461 --> 00:30:51,160
All counts of the indictment against Mr.
Nicodos are dismissed.
594
00:30:51,232 --> 00:30:53,792
The jury is excused.
I thank them for their time.
595
00:30:56,738 --> 00:30:58,968
Court is adjourned.
596
00:30:59,040 --> 00:31:00,530
He as good as acquitted him.
597
00:31:00,608 --> 00:31:03,099
With jeopardy attached, we
can't lay a finger on Nicodos.
598
00:31:03,178 --> 00:31:04,611
Right. Blame the judge.
599
00:31:04,679 --> 00:31:05,941
Adam, defense attorneys
600
00:31:06,014 --> 00:31:09,381
routinely move to dismiss
and judges routinely deny it,
601
00:31:09,451 --> 00:31:11,783
or they wait until
after the verdict.
602
00:31:11,853 --> 00:31:13,946
Why the big rush
to let a murderer walk?
603
00:31:14,022 --> 00:31:15,455
I don't see the big rush.
604
00:31:15,523 --> 00:31:16,581
You barely made the case.
605
00:31:16,658 --> 00:31:18,182
Because Hynes took
a chainsaw to it.
606
00:31:18,259 --> 00:31:20,887
He threw out every good
piece of evidence we had.
607
00:31:26,467 --> 00:31:29,561
If your Mr. McCoy wants to
rewrite the rules of evidence,
608
00:31:29,636 --> 00:31:31,797
give him a pencil
and point him to Albany.
609
00:31:33,340 --> 00:31:36,468
He thinks you were quick on
the draw dismissing the case.
610
00:31:36,543 --> 00:31:37,942
You agree?
611
00:31:40,214 --> 00:31:43,513
So, you invite me for a drink
just to kick dirt on my shoes.
612
00:31:44,885 --> 00:31:48,321
The case was weak.
The jury probably would have acquitted.
613
00:31:48,388 --> 00:31:50,379
You had no reason to take
them out of the loop.
614
00:31:50,457 --> 00:31:53,221
Well, that's why the
ponies run at Belmont.
615
00:31:53,293 --> 00:31:56,626
Everyone has an opinion, Adam,
but since I wear the robe,
616
00:31:56,697 --> 00:31:57,857
mine's the only
one that counts.
617
00:31:57,931 --> 00:32:00,331
You're still a cocky
son of a gun, Edgar.
618
00:32:00,400 --> 00:32:03,961
Whatever. You know as well as I do
I can't discuss a case with you.
619
00:32:04,037 --> 00:32:05,902
That never stopped you before.
620
00:32:09,610 --> 00:32:12,407
I said everything I had to say
in my order of dismissal.
621
00:32:14,247 --> 00:32:15,976
I have to go.
622
00:32:16,048 --> 00:32:17,640
Say hello to Jane.
623
00:32:17,717 --> 00:32:20,550
Maybe we can all get together
for a sail around the Sound.
624
00:32:22,054 --> 00:32:25,683
I sold the boat.
Jane filed for divorce last month.
625
00:32:25,758 --> 00:32:27,316
But thanks for asking.
626
00:32:36,936 --> 00:32:38,460
You wanted to see me?
627
00:32:42,475 --> 00:32:44,602
People v. Carruthers, 1988.
628
00:32:46,712 --> 00:32:47,770
The bell's not ringing.
629
00:32:47,847 --> 00:32:49,940
One of Ben Stone's cases.
630
00:32:50,483 --> 00:32:53,816
Hynes presided. Page 54.
631
00:32:59,024 --> 00:33:01,584
"Defense motion to suppress
a ballistics report."
632
00:33:01,660 --> 00:33:06,825
Which was turned over to the defense the
day before the expert took the stand.
633
00:33:08,900 --> 00:33:10,800
Hynes let this report in.
634
00:33:12,971 --> 00:33:16,805
Maybe he joined the Golden Agers
Club at the ACLU since then.
635
00:33:18,143 --> 00:33:19,235
No.
636
00:33:21,112 --> 00:33:22,272
No.
637
00:33:24,583 --> 00:33:27,882
The last new trick
he learned was the twist.
638
00:33:29,054 --> 00:33:30,487
He's predictable.
639
00:33:34,292 --> 00:33:36,590
Up until a couple of days ago?
640
00:33:36,661 --> 00:33:38,288
I'm afraid so.
641
00:33:42,066 --> 00:33:43,556
Look into it.
642
00:33:48,339 --> 00:33:51,308
Judge Smith's got a week to kill
before his time-share in Sun Valley,
643
00:33:51,375 --> 00:33:53,002
I tossed him a
slam-dunk robbery.
644
00:33:53,077 --> 00:33:56,740
Judge Jones wants to upscale his image,
I give him bank fraud. Happy to oblige.
645
00:33:56,814 --> 00:33:59,908
You got the Nicodos Case from Part 40?
A triple homicide?
646
00:33:59,984 --> 00:34:02,953
Right, right. I passed that
over to Judge Hynes in 49.
647
00:34:03,020 --> 00:34:04,044
Luck of the draw?
648
00:34:04,121 --> 00:34:06,385
A pair of adorable
dimples. Hynes' clerk.
649
00:34:06,457 --> 00:34:07,446
He asked for the case.
650
00:34:07,524 --> 00:34:08,718
Did he tell you why?
651
00:34:08,792 --> 00:34:09,850
I didn't ask.
652
00:34:09,927 --> 00:34:11,451
I heard Hynes
is getting divorced,
653
00:34:11,528 --> 00:34:14,759
so maybe he wanted a murder
case to cheer him up.
654
00:34:14,832 --> 00:34:17,892
Judge Hynes had just done
seven drug cases in a row.
655
00:34:17,968 --> 00:34:19,731
He wasn't looking
forward to another one.
656
00:34:19,803 --> 00:34:22,397
Did he specifically mention
the Nicodos case?
657
00:34:23,940 --> 00:34:27,034
Yes. There was a lot
of publicity about it.
658
00:34:28,478 --> 00:34:30,070
Am I done?
659
00:34:30,146 --> 00:34:34,139
Yes. And I remind you not to discuss
this interview with anybody.
660
00:34:43,793 --> 00:34:45,954
Maybe Hynes just wanted to
see his name in the papers.
661
00:34:46,029 --> 00:34:48,156
By holding the door open
for a three-time killer?
662
00:34:48,231 --> 00:34:51,394
That's not the kind of press a
judge wants on election day.
663
00:34:51,467 --> 00:34:52,695
Somebody reached out to him.
664
00:34:52,769 --> 00:34:53,793
Peter Nicodos.
665
00:34:53,870 --> 00:34:56,395
He didn't just throw darts
at the judges directory.
666
00:34:56,472 --> 00:34:58,064
He must have had
some connection to Hynes.
667
00:34:58,141 --> 00:35:00,302
Or his lawyer does.
668
00:35:00,376 --> 00:35:03,470
I'll convene a grand jury
and subpoena Hynes' records.
669
00:35:03,546 --> 00:35:07,607
Even if we can prove Nicodos
bribed Hynes, it's a B Felony.
670
00:35:07,684 --> 00:35:08,775
He can get a year.
671
00:35:08,850 --> 00:35:11,080
Not much of a consolation
prize for three murders.
672
00:35:11,153 --> 00:35:13,951
We're not just running for
second place here, Claire.
673
00:35:14,022 --> 00:35:17,480
If he bribed the judge, he can't
hide behind double jeopardy.
674
00:35:17,559 --> 00:35:20,153
The Constitution says he can.
675
00:35:20,228 --> 00:35:23,720
I don't think the Constitution
protects rigged trials.
676
00:35:25,500 --> 00:35:27,661
Find the bribe.
We'll make the argument.
677
00:35:34,209 --> 00:35:37,872
I talked to the AG's office
and to the Ethics Committee.
678
00:35:37,946 --> 00:35:40,471
They've never had a complaint
about Nicodos' attorney.
679
00:35:40,549 --> 00:35:43,211
Well, I ran his name through
AJIS, and I talked to OCCB.
680
00:35:43,285 --> 00:35:45,150
Nothing. I mean, the guy
squeaks when he walks.
681
00:35:45,220 --> 00:35:47,245
A defense lawyer?
That'd be a first.
682
00:35:47,322 --> 00:35:48,380
Then it's a first.
683
00:35:48,457 --> 00:35:50,049
I cross-referenced
him with Hynes.
684
00:35:50,125 --> 00:35:52,922
They've never even been in the
same courtroom until Nicodos.
685
00:35:52,994 --> 00:35:56,020
And speaking of, we're not having much
luck putting him together with Hynes.
686
00:35:56,097 --> 00:35:59,328
Different hobbies, different
tailors, different alumni clubs.
687
00:35:59,400 --> 00:36:02,460
Different generations.
What about his parents?
688
00:36:02,536 --> 00:36:04,527
File's pretty thin
on Peter Nicodos Sr.
689
00:36:04,605 --> 00:36:09,804
You know, I saw something in here, some
bequest from the family business...
690
00:36:09,877 --> 00:36:15,076
Yeah, " To Yale, in memory of Peter Nicodos Sr.
, class of 1955."
691
00:36:15,783 --> 00:36:17,375
What, that does
something for you?
692
00:36:17,451 --> 00:36:20,318
Plenty. Hynes went to Yale.
693
00:36:20,388 --> 00:36:23,653
Yeah, here, Edgar
Hynes, Class of '55.
694
00:36:23,724 --> 00:36:27,683
So he and Nicodos Sr.
Drank from the same keg 40 years ago.
695
00:36:27,762 --> 00:36:30,595
You think he'd go to the wall for
one of his frat brother's kids?
696
00:36:30,664 --> 00:36:33,861
If the price is right.
What about his bank records?
697
00:36:33,934 --> 00:36:35,731
Just a lot of red ink.
698
00:36:35,803 --> 00:36:40,705
A month ago, Hynes took out a second
mortgage on his house in Sand's Point.
699
00:36:40,774 --> 00:36:44,335
Six hundred grand.
Here, take a look at this interest rate.
700
00:36:44,411 --> 00:36:46,003
Five percent, fixed.
701
00:36:46,079 --> 00:36:48,877
I had to get on my knees just
for a seven percent adjustable.
702
00:36:48,948 --> 00:36:51,382
It gets better.
According to the documents,
703
00:36:51,451 --> 00:36:54,147
he only has about a 200,000
equity in the house.
704
00:36:54,220 --> 00:36:56,950
I don't see how this guy qualifies
for anything beyond a car loan.
705
00:36:57,023 --> 00:37:00,220
Yeah, I've heard of friendly bankers,
but this sounds like love.
706
00:37:03,596 --> 00:37:04,585
What did Fitzgerald write?
707
00:37:04,664 --> 00:37:07,258
"The very rich are different
from you and me"?
708
00:37:07,333 --> 00:37:09,324
That goes for their loans.
709
00:37:09,402 --> 00:37:11,165
Judge Hynes received
a preferential rate
710
00:37:11,237 --> 00:37:14,001
that we reserve for our
important customers.
711
00:37:14,074 --> 00:37:16,804
Well, Gatsby would be
an important customer.
712
00:37:16,876 --> 00:37:20,936
I've seen Judge Hynes' bottom line.
He's hardly in the same league.
713
00:37:21,013 --> 00:37:22,913
We made our own determination.
714
00:37:22,981 --> 00:37:24,141
What convinced you?
715
00:37:24,216 --> 00:37:28,346
His debts or the fact that
he has virtually no equity?
716
00:37:28,420 --> 00:37:32,686
Maybe there was a shortfall, but we
are entitled to make character loans.
717
00:37:32,758 --> 00:37:35,522
I really don't need to justify our
banking procedures to you, Ms. Kincaid.
718
00:37:35,594 --> 00:37:38,290
You'd rather justify them
to a grand jury?
719
00:37:38,363 --> 00:37:41,526
I can make a phone call and
schedule you for this afternoon.
720
00:37:44,203 --> 00:37:47,263
The important customer
was Elaine Nicodos.
721
00:37:47,339 --> 00:37:49,307
Her family's been banking
with us for many years.
722
00:37:49,374 --> 00:37:51,035
She spoke to you
about this loan?
723
00:37:51,110 --> 00:37:54,136
She asked us to treat Judge Hynes
as a most favored customer.
724
00:37:54,213 --> 00:37:56,613
Give him the loan at cost.
725
00:37:56,682 --> 00:37:58,411
Our accountants
ran the numbers.
726
00:37:58,484 --> 00:38:02,682
He'll be saving a little
over $300,000 in interest.
727
00:38:02,754 --> 00:38:06,416
Counting the $600,000 you loaned
him, that's quite a gift.
728
00:38:08,126 --> 00:38:10,959
Let's say I got the sense
that if we didn't go along,
729
00:38:11,028 --> 00:38:14,589
Mrs. Nicodos would close her accounts
and take her business elsewhere.
730
00:38:14,665 --> 00:38:16,997
That we couldn't afford.
731
00:38:17,068 --> 00:38:19,366
So, they keep their money
in the same bank.
732
00:38:19,437 --> 00:38:21,166
So do a million other people.
733
00:38:21,806 --> 00:38:25,264
Those people don't have Mrs.
Nicodos to scratch their backs.
734
00:38:25,343 --> 00:38:27,868
I had no idea she
spoke to the bank.
735
00:38:28,913 --> 00:38:31,677
When you saw the mortgage
papers, what did you think?
736
00:38:31,749 --> 00:38:34,081
It was bargain day
at the savings and loan?
737
00:38:34,152 --> 00:38:36,211
I only saw this woman once
738
00:38:36,287 --> 00:38:39,688
at a class reunion 15 years
ago with her husband.
739
00:38:39,757 --> 00:38:41,019
I've done nothing improper.
740
00:38:41,092 --> 00:38:42,116
Edgar...
741
00:38:42,193 --> 00:38:45,185
No, no, this is lunacy.
It's a vendetta.
742
00:38:55,639 --> 00:38:56,833
Adam.
743
00:38:56,907 --> 00:38:58,340
Get rid of him.
744
00:38:59,009 --> 00:39:00,169
Edgar, are you sure...
745
00:39:00,243 --> 00:39:01,574
He's sure.
746
00:39:05,315 --> 00:39:06,805
Turn that off.
747
00:39:17,961 --> 00:39:21,021
Adam, you of all people know
this is absolute garbage.
748
00:39:21,097 --> 00:39:22,792
Don't insult me, Edgar.
749
00:39:23,900 --> 00:39:25,231
You believe it?
750
00:39:28,038 --> 00:39:31,337
I personally
authorized the warrant.
751
00:39:31,508 --> 00:39:32,497
How could you?
752
00:39:33,977 --> 00:39:35,705
You're a judge,
for heaven's sake.
753
00:39:36,712 --> 00:39:37,701
Think of your oath.
754
00:39:40,049 --> 00:39:44,076
I thought after 35 years, you'd
give me the benefit of the doubt.
755
00:39:44,153 --> 00:39:46,246
The hell with the 35 years.
756
00:39:47,489 --> 00:39:49,480
You betrayed your office.
757
00:39:50,659 --> 00:39:53,492
I couldn't think about that.
758
00:39:54,763 --> 00:39:57,561
I was being killed
by the divorce.
759
00:39:57,633 --> 00:40:01,433
Everything I worked for, Adam.
She was getting it all.
760
00:40:03,372 --> 00:40:04,566
But I...
761
00:40:06,208 --> 00:40:07,800
I needed the money.
762
00:40:10,212 --> 00:40:13,648
Adam, can you help me here?
763
00:40:15,918 --> 00:40:17,545
You're going to prison, Edgar.
764
00:40:17,620 --> 00:40:19,951
Where and for how long
is up to you.
765
00:40:22,457 --> 00:40:27,588
Well, tell me what
to do, I'll cooperate.
766
00:40:27,662 --> 00:40:29,687
Elaine Nicodos came
to me for help.
767
00:40:29,764 --> 00:40:32,631
She said that she would
square things with the bank.
768
00:40:32,700 --> 00:40:35,760
If you let her son take a
walk on three murders.
769
00:40:35,837 --> 00:40:39,295
Adam, they have so much money.
770
00:40:41,209 --> 00:40:43,109
They would have
beaten it anyway.
771
00:40:45,880 --> 00:40:47,507
Hardly the point.
772
00:40:52,854 --> 00:40:54,879
You sent your
troops to arrest a woman
773
00:40:54,956 --> 00:40:56,651
in front of her
own grandchildren.
774
00:40:56,724 --> 00:40:59,659
And for what? Bribery?
775
00:40:59,727 --> 00:41:02,093
Anybody ever tell you
you're a sore loser, McCoy?
776
00:41:02,163 --> 00:41:04,596
Only when I lose,
Mr. Rothenberg.
777
00:41:04,665 --> 00:41:07,828
We have a statement
from the loan manager,
778
00:41:07,901 --> 00:41:10,734
and we have one
from Judge Hynes.
779
00:41:16,576 --> 00:41:18,669
Don't fault Edgar Hynes.
780
00:41:19,046 --> 00:41:20,946
He just took pity
on an old widow.
781
00:41:21,014 --> 00:41:26,077
Judge Hynes won't be the only officer of
the court facing charges, Mr. Rothenberg.
782
00:41:26,153 --> 00:41:28,121
I'd start thinking
about a second career.
783
00:41:28,188 --> 00:41:31,487
Let me make something
very clear, Mr. McCoy.
784
00:41:31,558 --> 00:41:33,822
No one else knew.
785
00:41:33,894 --> 00:41:36,988
Not Mr. Rothenberg,
and certainly not Peter.
786
00:41:38,699 --> 00:41:44,729
Mrs. Nicodos, you don't seem to realize
the seriousness of your actions.
787
00:41:46,907 --> 00:41:51,206
I used my influence
to save the son I have left.
788
00:41:53,813 --> 00:41:56,145
The son I might have neglected.
789
00:41:58,117 --> 00:42:00,244
It's the least
I can do for him.
790
00:42:02,288 --> 00:42:04,620
Go on, punish me.
791
00:42:04,690 --> 00:42:08,217
But Mr. Rothenberg tells me you
can't do anything to Peter.
792
00:42:08,294 --> 00:42:09,522
That's all I care about.
793
00:42:09,595 --> 00:42:12,223
Don't be so sure your son
is out of the woods.
794
00:42:12,298 --> 00:42:16,029
I'm reinstating the murder
charges and ordering his arrest.
795
00:42:16,969 --> 00:42:20,496
What part of double jeopardy
don't you understand?
796
00:42:21,507 --> 00:42:25,409
I'm well acquainted with it, Mr.
Rothenberg, and it doesn't scare me.
797
00:42:29,482 --> 00:42:32,075
Double jeopardy was
written into the Constitution
798
00:42:32,150 --> 00:42:36,883
to protect citizens from repeated
attempts by the State to convict them.
799
00:42:36,955 --> 00:42:41,551
Finality of acquittal is the
essence of that guarantee.
800
00:42:41,626 --> 00:42:45,289
The Founding Fathers never intended double
jeopardy to go to the highest bidder.
801
00:42:45,363 --> 00:42:49,026
But it was their intent that the State
get only one bite at the apple.
802
00:42:49,100 --> 00:42:50,499
One fair bite.
803
00:42:50,568 --> 00:42:54,004
Fair is a four-letter word when
it comes to the Constitution.
804
00:42:54,072 --> 00:42:57,599
The deck is deliberately stacked
in favor of individual rights.
805
00:42:57,675 --> 00:43:01,736
There is no individual right
to profit from illegal acts.
806
00:43:01,813 --> 00:43:05,840
But you're asking this court to deny one
of our most closely held protections.
807
00:43:05,917 --> 00:43:09,853
Your Honor, jeopardy never
attached at this defendant's trial
808
00:43:09,921 --> 00:43:12,515
for the simple reason
that he never was in jeopardy.
809
00:43:12,590 --> 00:43:14,922
The judge was bribed.
The fix was in.
810
00:43:15,960 --> 00:43:17,153
Point well taken.
811
00:43:17,227 --> 00:43:19,593
Your Honor, to allow
these charges to stand
812
00:43:19,663 --> 00:43:23,929
penalizes my client for the
actions of a third party.
813
00:43:24,001 --> 00:43:26,765
He had no knowledge
of this alleged bribe.
814
00:43:26,837 --> 00:43:28,429
He comes into court
with clean hands.
815
00:43:28,505 --> 00:43:29,699
It's irrelevant.
816
00:43:29,773 --> 00:43:32,003
The outcome was predetermined.
817
00:43:32,342 --> 00:43:34,572
The process was corrupted.
818
00:43:35,212 --> 00:43:37,680
The defendant cannot profit from it.
Your Honor...
819
00:43:37,748 --> 00:43:40,581
I've heard the arguments, Mr.
Rothenberg.
820
00:43:42,686 --> 00:43:45,587
Double jeopardy may be sacred,
821
00:43:45,656 --> 00:43:49,217
but not at the expense of the integrity
of the criminal justice system.
822
00:43:49,293 --> 00:43:53,229
The motion to dismiss is denied
and the charges will stand.
823
00:43:56,800 --> 00:43:59,598
You kick the system,
Mr. Nicodos,
824
00:43:59,670 --> 00:44:02,069
don't be surprised when it
turns around and bites you.
825
00:44:02,138 --> 00:44:06,871
Don't imagine for a second that
this is the end of the road, McCoy.
826
00:44:06,943 --> 00:44:09,275
We plan to pursue this all the
way to the Supreme Court.
827
00:44:09,345 --> 00:44:10,642
It's a free country.
828
00:44:11,814 --> 00:44:15,716
I'll get started on our briefs just
as soon as we convict your client.
829
00:44:15,785 --> 00:44:20,654
Claire, signal the guard that Mr.
Nicodos is ready to return to Rikers.
830
00:44:20,723 --> 00:44:23,590
There was an offer
on the table.
831
00:44:26,629 --> 00:44:28,859
Nothing less
than a full sentence.
832
00:44:28,931 --> 00:44:33,834
Right. Murder two, three
counts, concurrent sentences.
833
00:44:33,903 --> 00:44:37,361
After 25, he takes his chances
with the parole board.
834
00:44:37,440 --> 00:44:39,032
Your final word?
835
00:44:41,878 --> 00:44:44,176
Then we have nothing
left to talk about.
836
00:44:45,847 --> 00:44:50,250
As for Mrs. Nicodos, I plan to seek
the maximum time under the statutes.
837
00:44:52,020 --> 00:44:55,854
In practical terms, that's 25
years, but I'll settle for half.
838
00:44:58,994 --> 00:45:02,430
Is that what you want for
your children, Mr. Nicodos?
839
00:45:02,497 --> 00:45:05,955
To visit their grandmother in the
geriatric ward at Bedford Prison?
840
00:45:06,034 --> 00:45:08,059
Peter,
he's blowing smoke.
841
00:45:09,971 --> 00:45:13,270
Mr. McCoy, I'll accept your offer if you
drop the charges against my mother.
842
00:45:13,341 --> 00:45:15,400
Peter, no!
We can fight this in court.
843
00:45:15,477 --> 00:45:16,603
Mr. McCoy?
844
00:45:16,678 --> 00:45:18,612
Mr. McCoy,
don't listen to him.
845
00:45:19,881 --> 00:45:21,143
Peter, I won't
allow you to do this.
846
00:45:21,216 --> 00:45:23,081
You're not going to jail.
847
00:45:28,557 --> 00:45:30,786
Mr. McCoy, do we
have a deal or not?
848
00:45:42,269 --> 00:45:44,294
You got around double jeopardy.
849
00:45:45,439 --> 00:45:50,274
You climbed Everest in your
shorts on a very cold day.
850
00:45:52,713 --> 00:45:54,044
Good work.
851
00:45:56,116 --> 00:45:59,449
As long as we stayed
out of Appellate Court.
852
00:45:59,520 --> 00:46:03,479
With their bankroll, sooner or
later they would have creamed us.
853
00:46:07,227 --> 00:46:08,285
Yes?
854
00:46:16,803 --> 00:46:18,134
Thank you.
855
00:46:22,442 --> 00:46:24,342
They found Edgar Hynes
856
00:46:26,012 --> 00:46:28,207
on the beach at Sand's Point,
857
00:46:29,349 --> 00:46:31,249
a gunshot to the head.
858
00:46:38,591 --> 00:46:40,320
Bring that over here.