1 00:00:24,724 --> 00:00:26,555 (male narrator) In the criminal justice system... 2 00:00:26,626 --> 00:00:30,494 the people are represented by two separate yet equally important groups: 3 00:00:30,563 --> 00:00:32,360 the police who investigate crime... 4 00:00:32,432 --> 00:00:35,196 and the district attorneys who prosecute the offenders. 5 00:00:35,268 --> 00:00:36,963 These are their stories. 6 00:00:38,271 --> 00:00:41,001 (Peabody) Soon as the city issues a demolition permit, we jump in. 7 00:00:41,074 --> 00:00:43,167 We've been working this site for nearly a week. 8 00:00:43,243 --> 00:00:46,701 We marked off the cleared areas. We have to watch where we walk. 9 00:00:46,780 --> 00:00:49,476 This place is filled with history. Yeah, reeks with it. 10 00:00:49,549 --> 00:00:52,313 What I want to know is why you lifted the body out of the ground... 11 00:00:52,385 --> 00:00:53,374 before you called us? 12 00:00:53,453 --> 00:00:56,547 We find remains all the time. There are old cemeteries all over the city. 13 00:00:56,623 --> 00:01:00,081 And this housekeeping around the burial site, that's your work, too? 14 00:01:00,160 --> 00:01:03,618 We had to make sure nothing was lost. This is an archaeological dig. 15 00:01:03,696 --> 00:01:07,097 Hey, this is a crime scene, Mr. Peabody, and we don't appreciate... 16 00:01:07,167 --> 00:01:09,567 people putting little red ribbons around our evidence. 17 00:01:09,636 --> 00:01:12,366 We had no way of knowing these remains were contemporary. 18 00:01:12,439 --> 00:01:14,964 Let me guess. The quartz watch gave it away? 19 00:01:16,476 --> 00:01:18,706 (Briscoe) What's this? Animal, vegetable or mineral? 20 00:01:18,778 --> 00:01:20,803 Toupee. Must belong to the corpse. 21 00:01:20,880 --> 00:01:22,643 We got bits and pieces of a sheet. 22 00:01:22,715 --> 00:01:26,583 The guy was probably gift-wrapped before Indiana Jones here got to him. 23 00:01:26,953 --> 00:01:29,751 Corpse got a name? How about Uncle Fester? 24 00:01:30,924 --> 00:01:34,189 There's no meat on the hands. I guess the teeth are gonna have to tell, huh? 25 00:01:34,260 --> 00:01:37,093 Jaws are empty. Shattered bones around the sockets. 26 00:01:37,163 --> 00:01:39,723 Teeth must've been knocked out. Nice touch. 27 00:01:40,467 --> 00:01:43,800 What's left of a blue blazer. Cashmere. 28 00:01:44,237 --> 00:01:46,330 Nothing like going in style, huh? 29 00:01:46,673 --> 00:01:50,734 No labels. Gold buttons. Hey, it looks like a gryphon. 30 00:01:50,810 --> 00:01:51,902 A what? 31 00:01:51,978 --> 00:01:53,969 There's one on my family crest. 32 00:01:54,581 --> 00:01:56,048 Seen enough? Yeah. 33 00:01:56,216 --> 00:01:58,980 Okay, let's pack up Mr. Bones and bring him back to the office. 34 00:02:47,634 --> 00:02:50,194 (woman on P.A system) Detective Thomas, pick up line two. 35 00:02:50,403 --> 00:02:53,429 I found this slug from a .22 in the brain cavity. 36 00:02:53,506 --> 00:02:56,805 I'll send it over to Forensics. Where was the entry wound? 37 00:02:57,143 --> 00:02:59,475 Just above the cervical vertebrae. 38 00:03:00,079 --> 00:03:01,944 Your basic back of the skull. 39 00:03:02,682 --> 00:03:04,479 Yeah, your basic mob hit. 40 00:03:04,751 --> 00:03:09,279 Male, medium build, 5'7". Probably stooped. 41 00:03:09,689 --> 00:03:10,678 (Briscoe) Age? 42 00:03:10,924 --> 00:03:13,654 I have to soak the bone, macerate some tissue. 43 00:03:14,394 --> 00:03:15,691 It'll take a couple of weeks. 44 00:03:15,762 --> 00:03:18,287 You got any idea how long he was down there for? 45 00:03:18,698 --> 00:03:22,725 Time since death? Ballpark: between two and 10 years. 46 00:03:22,802 --> 00:03:25,498 Once we get the chemical analysis, we can narrow it down. 47 00:03:25,572 --> 00:03:29,338 Great. When you get an answer, give me a call at the retirement home. 48 00:03:30,276 --> 00:03:33,541 Missing Persons has a database of 640 people. 49 00:03:33,613 --> 00:03:35,342 None ofthem were hunchbacks with toupees. 50 00:03:35,415 --> 00:03:37,042 What about the building he was found in? 51 00:03:37,116 --> 00:03:40,415 Well, aside from the rats and the squatters, we've been checking on... 52 00:03:40,486 --> 00:03:42,886 three different owners over the last 10 years. 53 00:03:42,956 --> 00:03:45,288 Currently in the city's lap for unpaid taxes. 54 00:03:45,358 --> 00:03:49,351 ME just sent this over. They pulled it out of your John Doe's knee bone. 55 00:03:50,263 --> 00:03:52,754 Might trace it back to a medical supplier. 56 00:03:53,066 --> 00:03:55,626 Hey, ifthis guy rests in peace for another couple of weeks... 57 00:03:55,702 --> 00:03:57,499 he's not gonna get any deader. 58 00:03:57,570 --> 00:04:00,164 Well, seeing there's no numbers... 59 00:04:00,640 --> 00:04:03,006 there's no markings, it looks pretty generic to me. 60 00:04:03,076 --> 00:04:04,566 What do you say, we toss it to Profaci... 61 00:04:04,644 --> 00:04:06,942 give him something to do besides the donut run? 62 00:04:07,013 --> 00:04:09,140 You caught it, you solve it. 63 00:04:09,215 --> 00:04:10,614 What else you have? 64 00:04:10,683 --> 00:04:13,516 Got a Hong Kong Rolex that probably died before he did. 65 00:04:13,586 --> 00:04:15,713 And gold buttons on a blue blazer. 66 00:04:16,122 --> 00:04:17,419 Sounds promising. 67 00:04:17,490 --> 00:04:19,981 Just do something before they bulldoze your crime scene. 68 00:04:23,630 --> 00:04:24,892 (Mrs. Whitaker) It’s British. 69 00:04:25,164 --> 00:04:27,598 18-carat gold, postwar. 70 00:04:28,434 --> 00:04:31,597 It's a hand-stamped Harris and Townsend. 71 00:04:32,505 --> 00:04:34,496 Pity is, they've gone belly up. 72 00:04:35,642 --> 00:04:39,009 But I think I have something comparable. 73 00:04:40,380 --> 00:04:41,369 [exclaims] 74 00:04:44,450 --> 00:04:46,111 $300? 75 00:04:46,185 --> 00:04:47,345 That's more than my suit. 76 00:04:47,420 --> 00:04:50,253 The Harris and Townsend would run a bit more. 77 00:04:50,723 --> 00:04:52,987 Well, what kind of tailors would buy these? 78 00:04:53,059 --> 00:04:55,687 I mean, at these prices, it can't be a very long list. 79 00:04:55,762 --> 00:04:57,024 In the States? 80 00:04:57,964 --> 00:04:58,953 Very few. 81 00:05:00,600 --> 00:05:03,398 They're very elegant. Haven't used them in years. 82 00:05:03,636 --> 00:05:07,037 You know, in the '805 people had a different attitude toward money. 83 00:05:07,106 --> 00:05:08,630 I wouldn't know. I didn't have any. 84 00:05:08,708 --> 00:05:10,642 We're gonna need a list of your customers... 85 00:05:10,710 --> 00:05:13,042 who got blue blazers made with these buttons. 86 00:05:13,112 --> 00:05:14,773 I'm afraid that's confidential. 87 00:05:14,847 --> 00:05:16,610 What are you, a doctor of haberdashery? 88 00:05:16,683 --> 00:05:20,084 I have a select number of very distinguished clients. 89 00:05:20,153 --> 00:05:24,283 Sir, obstructing justice will get you a select number around your neck. 90 00:05:24,757 --> 00:05:26,691 It's a very simple drill, Harry. 91 00:05:26,759 --> 00:05:29,819 You just look in your books, and you give us the names. 92 00:05:37,770 --> 00:05:42,207 In 1987, I ordered 200 buttons for the St. Paul's Youth Choir. 93 00:05:42,842 --> 00:05:45,868 1985, 80 more blazers... 94 00:05:45,945 --> 00:05:48,243 for the Ale and Quail Club. 95 00:05:48,314 --> 00:05:51,511 Cunningham Realtors, for their top 25 brokers... 96 00:05:51,818 --> 00:05:53,615 every Christmas from '82 on. 97 00:05:54,520 --> 00:05:55,509 Realtors. 98 00:05:55,988 --> 00:05:57,853 Good candidates for a shallow grave. 99 00:05:59,325 --> 00:06:03,318 We're moving to Jersey City. Even cut back our bonuses this year. 100 00:06:03,429 --> 00:06:04,555 No more company blazers? 101 00:06:04,630 --> 00:06:07,463 No, we haven't done that since money markets were at 16%. 102 00:06:07,533 --> 00:06:10,832 Well, we would like to get a list of every broker who got one. 103 00:06:10,903 --> 00:06:13,371 Our records are in storage in Weehawken. 104 00:06:14,040 --> 00:06:16,338 Tell me what you need. I'll fill out a request slip... 105 00:06:16,409 --> 00:06:18,036 and you'll have it by the end of next week. 106 00:06:18,111 --> 00:06:21,376 I'm afraid we're going to have to have it by the end ofthis visit. 107 00:06:22,115 --> 00:06:23,878 Wouldn't know where to start. 108 00:06:23,950 --> 00:06:27,010 Well, it'd be a shame to have to go get a warrant... 109 00:06:27,086 --> 00:06:29,554 come back, and unpack all this neat work. 110 00:06:29,655 --> 00:06:31,122 [knock on glass] 111 00:06:32,959 --> 00:06:35,951 "Brokers of the Year." 1984... 112 00:06:36,028 --> 00:06:38,724 '83, '82. 113 00:06:39,799 --> 00:06:41,528 Thank you very much, sir. 114 00:06:42,635 --> 00:06:44,125 Last one on my list. 115 00:06:45,171 --> 00:06:48,140 Everyone at Cunningham is present and accounted for. 116 00:06:48,207 --> 00:06:52,541 Yeah, and we can skip the Youth Choir and go right to the Ale and Quail Club. 117 00:06:52,612 --> 00:06:54,910 Or we can put this folder at the bottom ofthe pile. 118 00:06:54,981 --> 00:06:57,415 What about the women realtors? Didn't they rate blazers? 119 00:06:57,483 --> 00:06:58,780 It was Mr. Bones. 120 00:06:58,851 --> 00:07:00,751 Who maybe got the jacket from his wife. 121 00:07:01,087 --> 00:07:02,076 [sighing] 122 00:07:07,927 --> 00:07:09,918 Yes, that's one of the buttons. 123 00:07:11,464 --> 00:07:14,865 I'm allergic to cashmere, but I gave the buttons to my father. 124 00:07:15,134 --> 00:07:18,103 How long had he been missing? Since '84. 125 00:07:18,538 --> 00:07:21,063 He was murdered. I'm sure you read about it. 126 00:07:26,612 --> 00:07:27,840 Sidney Cohen. 127 00:07:29,282 --> 00:07:30,874 There was a big trial. 128 00:07:30,983 --> 00:07:33,474 They put the son of a bitch away for life. 129 00:07:33,719 --> 00:07:35,744 Yeah, the Wall Street whiz kid... 130 00:07:35,822 --> 00:07:37,619 killed your father over some real estate thing. 131 00:07:37,690 --> 00:07:38,816 What was his name? 132 00:07:38,891 --> 00:07:40,153 Phillip Swann. 133 00:07:41,360 --> 00:07:44,761 They convicted him without the body. That's how guilty he was. 134 00:07:48,067 --> 00:07:49,694 Was he where they said? 135 00:07:50,136 --> 00:07:51,160 In Patterson? 136 00:07:51,237 --> 00:07:54,536 No, he was buried next to some building on Roosevelt Island. 137 00:08:01,614 --> 00:08:03,013 That can't be him. 138 00:08:04,517 --> 00:08:06,417 They had a witness at the trial... 139 00:08:06,486 --> 00:08:09,353 who testified that he helped bury my dad in New Jersey. 140 00:08:09,422 --> 00:08:11,617 Your father have a pin in his knee? 141 00:08:12,625 --> 00:08:13,614 Yeah. 142 00:08:14,293 --> 00:08:15,453 He wrecked it in a car accident. 143 00:08:17,730 --> 00:08:19,095 (Borak) Trabecula match. 144 00:08:19,232 --> 00:08:21,427 And see the angle ofthe femur on the corpse? 145 00:08:21,501 --> 00:08:22,627 I'll take your word for it. 146 00:08:22,702 --> 00:08:26,570 It's the same as the picture taken at the time of Mr. Cohen's surgery. 147 00:08:27,440 --> 00:08:29,408 Yeah, well, there's got to be a lot of people... 148 00:08:29,475 --> 00:08:31,466 walking around with pins in their knees, right? 149 00:08:31,544 --> 00:08:35,776 Yeah, but there's also the exact position ofthe pin in relation to the joint. 150 00:08:36,549 --> 00:08:38,642 I mean, it's not as exact as a fingerprint... 151 00:08:38,718 --> 00:08:41,243 but it's as close as you're gonna get to 100%. 152 00:08:41,320 --> 00:08:44,084 Hey, it looks like we definitely have Sidney Cohen, right? 153 00:08:44,156 --> 00:08:46,351 Yeah? All right. Well, if he's our guy... 154 00:08:46,425 --> 00:08:49,121 Van Buren wants us to bring everything we have to Stone. 155 00:08:49,195 --> 00:08:52,130 He prosecuted this case eight years ago and put Phillip Swann away. 156 00:08:54,500 --> 00:08:56,730 Swann's a pretty dapper-looking fellow. 157 00:08:56,802 --> 00:08:59,270 I bet he gets his prison denims tailored. 158 00:08:59,972 --> 00:09:03,271 Halfthe people in town were trying to get rich on hisjunk bonds. 159 00:09:03,342 --> 00:09:06,311 They were lucky they only lost their money. Mr. Cohen lost his life. 160 00:09:06,379 --> 00:09:07,869 What was the motive for the murder? 161 00:09:07,947 --> 00:09:10,177 Swann convinced a bunch of his prep-school buddies... 162 00:09:10,249 --> 00:09:11,614 to invest in a pyramid scheme. 163 00:09:11,684 --> 00:09:13,652 And while Swann was conning his victims... 164 00:09:13,719 --> 00:09:17,018 Mr. Cohen was conning Mr. Swann to the tune of about $1 million. 165 00:09:17,089 --> 00:09:19,580 Yeah, you swim with sharks, bring Band-Aids. 166 00:09:19,659 --> 00:09:21,684 How certain is this identification? 167 00:09:21,761 --> 00:09:25,561 The ME gives it 95%. Well, then, we got a problem. 168 00:09:26,165 --> 00:09:28,929 Swann was convicted on the testimony of an accomplice... 169 00:09:29,001 --> 00:09:31,868 who said that he helped Swann bury Mr. Cohen in New Jersey. 170 00:09:31,938 --> 00:09:33,337 You have Swann's murder weapon? 171 00:09:33,406 --> 00:09:36,773 Have Ballistics match it up against the slug we found in Cohen's skull. 172 00:09:36,842 --> 00:09:40,778 The accomplice also said that Swann killed Cohen by slitting his throat. 173 00:09:44,116 --> 00:09:45,481 You go back, re-examine any case... 174 00:09:45,551 --> 00:09:48,042 there's gonna belies, and inconsistencies, and contradictions. 175 00:09:48,120 --> 00:09:51,180 Justice isn't perfect. But the bottom line is, Swann was guilty. 176 00:09:51,257 --> 00:09:52,815 How can you be so absolutely sure... 177 00:09:52,892 --> 00:09:55,725 if Bobbitt was your principle witness against Swann? 178 00:09:55,795 --> 00:09:58,195 But I didn't make my case on accomplice testimony alone. 179 00:09:58,264 --> 00:09:59,253 There was other evidence. 180 00:09:59,332 --> 00:10:02,028 Swann bragged about that murder to halfthe people he knew. 181 00:10:02,101 --> 00:10:03,966 You made the case without the body. 182 00:10:04,036 --> 00:10:06,163 You let us remember that the jury convicted... 183 00:10:06,238 --> 00:10:08,570 on the basis of Russell Bobbitt's testimony... 184 00:10:08,641 --> 00:10:10,575 and he may have perjured himself. 185 00:10:10,643 --> 00:10:13,612 I could have made my case without Bobbitt. Yes, but you didn't. 186 00:10:13,679 --> 00:10:16,307 Is there even a possibility Swann's innocent? 187 00:10:18,351 --> 00:10:19,841 I know Phillip Swann. 188 00:10:19,919 --> 00:10:22,183 He smiled through the entire Q and A. 189 00:10:22,421 --> 00:10:24,616 He was guilty then. He's guilty now. 190 00:10:25,524 --> 00:10:26,957 Have Russell Bobbitt picked up. 191 00:10:27,026 --> 00:10:28,891 At the very least, you may have a perjury charge. 192 00:10:30,630 --> 00:10:32,154 [people chattering] 193 00:10:32,898 --> 00:10:34,525 Wonder how much this place will go for. 194 00:10:34,600 --> 00:10:37,899 You mean after they plaster the roaches back in their nests? 195 00:10:38,304 --> 00:10:39,532 Hey, get this. 196 00:10:39,605 --> 00:10:41,698 It's called Le Chanticleer. 197 00:10:42,208 --> 00:10:44,768 "Exclusive living, with stunning views ofthe city. 198 00:10:44,844 --> 00:10:47,210 "Historic building. Only halfa million." 199 00:10:47,480 --> 00:10:48,947 Yeah, I know the historic part. 200 00:10:49,015 --> 00:10:51,882 Five years ago, this was Benny Gonzaga's sweatshop. 201 00:10:52,284 --> 00:10:54,752 Beautiful views, and 50 cents an hour. 202 00:10:55,955 --> 00:10:58,389 Hey, Michelangelo. Russell Bobbitt? 203 00:10:59,025 --> 00:11:00,014 Yeah. 204 00:11:00,326 --> 00:11:01,452 What's this about? 205 00:11:01,527 --> 00:11:03,324 It's about coming downtown. 206 00:11:04,597 --> 00:11:07,122 I don't care ifthey found the body on the moon... 207 00:11:07,199 --> 00:11:09,030 I know where we put him eight years ago. 208 00:11:09,101 --> 00:11:11,626 But you couldn't lead us to the exact spot. 209 00:11:11,837 --> 00:11:13,566 Swann was driving, not me. 210 00:11:14,840 --> 00:11:16,831 Look, I helped you all I could. 211 00:11:16,942 --> 00:11:19,206 Read the testimony. Everything I know is in there. 212 00:11:19,278 --> 00:11:21,473 You claim Swann slit Cohen's throat. 213 00:11:21,947 --> 00:11:24,177 We know he died of a gunshot to the head. 214 00:11:24,250 --> 00:11:25,979 That's what Swann told me. 215 00:11:26,719 --> 00:11:29,210 He was wrapped in a sheet. I never saw him. 216 00:11:29,488 --> 00:11:31,956 This is exactly the kind of stuff Phillip likes to pull. 217 00:11:32,024 --> 00:11:34,822 Like knocking out Cohen's teeth so he couldn't be identified. 218 00:11:34,894 --> 00:11:37,590 Swann's very mental. He might also be innocent. 219 00:11:37,997 --> 00:11:39,726 So now he's got you going. 220 00:11:40,032 --> 00:11:42,398 I wouldn't be surprised if he planned it that way. 221 00:11:42,468 --> 00:11:44,868 He probably moved the body the next day. 222 00:11:46,572 --> 00:11:48,836 It all came out at the trial, Claire. 223 00:11:48,974 --> 00:11:51,101 Swann told him that he'd knocked his teeth out... 224 00:11:51,177 --> 00:11:53,168 even showed him the hammer that he'd used. 225 00:11:53,245 --> 00:11:55,941 If you had read the transcripts, you'd know that. 226 00:11:56,415 --> 00:11:57,404 Idid. 227 00:11:57,783 --> 00:12:00,877 And Bobbitt could have lied just to frame Swann. 228 00:12:00,953 --> 00:12:02,614 Why would Bobbitt incriminate himself... 229 00:12:02,688 --> 00:12:04,713 by revealing details only the killer would know? 230 00:12:04,790 --> 00:12:06,189 Think it through. It doesn't make sense. 231 00:12:06,258 --> 00:12:09,318 Neither does a dead man taking a tram to Roosevelt Island. 232 00:12:09,395 --> 00:12:10,384 [sighing] 233 00:12:10,463 --> 00:12:11,725 Claire, please. Listen to me. 234 00:12:11,797 --> 00:12:14,732 Swann killed an old man. He laughed about it to his rich friends. 235 00:12:14,800 --> 00:12:17,530 He's not only guilty, he's a pathological liar. 236 00:12:17,703 --> 00:12:21,503 He may be a hero to some people, but to me he's a cold-blooded killer. 237 00:12:21,574 --> 00:12:24,099 If he's proven innocent, he will be a hero. 238 00:12:24,243 --> 00:12:25,335 [phone ringing] 239 00:12:28,247 --> 00:12:29,373 Stone, here. 240 00:12:33,185 --> 00:12:34,777 Yeah, we'll get on it. 241 00:12:35,721 --> 00:12:37,416 I've been served notice. 242 00:12:38,190 --> 00:12:39,555 Swann is contesting the conviction... 243 00:12:39,625 --> 00:12:41,923 on the grounds of newly discovered evidence. 244 00:12:48,267 --> 00:12:49,894 [traffic humming] 245 00:12:56,742 --> 00:12:57,868 Hello, Ben. 246 00:12:57,977 --> 00:13:00,104 You're looking well. Is this your attorney? 247 00:13:00,179 --> 00:13:02,807 This is my state-appointed paralegal, Michelle Farese. 248 00:13:02,882 --> 00:13:05,817 You must be Claire Kincaid. Phillip Swann. Pleasure to meet you. 249 00:13:05,885 --> 00:13:07,409 Where is your attorney, Mr. Swann? 250 00:13:07,486 --> 00:13:08,885 You're looking at him. I'm pro se. 251 00:13:08,954 --> 00:13:12,515 When I saw your name on the brief, I thought it might be one of your little jokes. 252 00:13:12,591 --> 00:13:14,058 You didn't think it was well drafted? 253 00:13:14,126 --> 00:13:16,117 No really, come on. Your opinion matters to me. 254 00:13:16,195 --> 00:13:18,220 It's not my opinion that counts. 255 00:13:19,632 --> 00:13:21,224 He was my inspiration. 256 00:13:24,270 --> 00:13:26,500 There being no great legal issue presented here... 257 00:13:26,572 --> 00:13:29,166 I ask only that the Court consider the implications... 258 00:13:29,241 --> 00:13:31,334 of the recently unearthed facts. 259 00:13:31,544 --> 00:13:34,638 These certainly cast doubt on the People's case as a whole. 260 00:13:34,713 --> 00:13:38,376 Mr. Swann, are you asking that the Court reverse your conviction... 261 00:13:38,484 --> 00:13:42,284 and dismiss all charges against you, based on these alleged new facts? 262 00:13:42,354 --> 00:13:43,946 There is authority for this... 263 00:13:44,023 --> 00:13:47,390 and I respectfully refer, Your Honor, to People v. Rodriguez. 264 00:13:48,093 --> 00:13:51,187 A slip opinion referred to on page 27 of Appellant's brief. 265 00:13:51,263 --> 00:13:53,754 I note, too, that the District Attorney... 266 00:13:54,099 --> 00:13:57,193 does not contest the validity of Appellant's factual allegations. 267 00:13:57,269 --> 00:13:58,566 You're not suggesting... 268 00:13:58,637 --> 00:14:01,504 that the District Attorney relied on perjured testimony... 269 00:14:01,574 --> 00:14:05,032 in obtaining your conviction, are you, Counselor? 270 00:14:05,110 --> 00:14:08,341 I must remind Your Honor that I am not a member ofthe bar. 271 00:14:09,648 --> 00:14:11,673 But in response to Your Honor's inquiry... 272 00:14:11,750 --> 00:14:14,651 I do not know whether Mr. Bobbitt's testimony was the product... 273 00:14:14,720 --> 00:14:16,210 of overzealousness... 274 00:14:16,922 --> 00:14:20,358 or subornation of perjury, but I do know that I am entitled... 275 00:14:20,426 --> 00:14:23,486 to confront that witness in the clear light ofthe truth. 276 00:14:23,562 --> 00:14:25,860 A right which was denied to me in my first trial. 277 00:14:25,931 --> 00:14:28,297 And if we choose not to dismiss the charges? 278 00:14:28,367 --> 00:14:31,598 In that case, I request the alternative relief... 279 00:14:31,670 --> 00:14:33,797 sought in Appellant's ser-reply brief. 280 00:14:33,873 --> 00:14:35,773 A new trial. A fair trial. 281 00:14:36,876 --> 00:14:39,572 I conclude by paraphrasing Justice Marshall. 282 00:14:40,379 --> 00:14:44,509 Witnesses may either be mistaken, or wickedly intend to deceive. 283 00:14:45,351 --> 00:14:47,285 But circumstances cannot lie. 284 00:14:48,954 --> 00:14:50,581 Thank you, Mr. Swann. 285 00:14:51,457 --> 00:14:54,858 It's so refreshing to see a defendant who isn't overreaching. 286 00:14:58,998 --> 00:15:02,661 And what Mr. Swann describes as new evidence... 287 00:15:02,735 --> 00:15:05,363 is a distortion of the facts adduced at trial. 288 00:15:05,437 --> 00:15:09,396 As such, it doesn't warrant modification of his verdict. 289 00:15:09,942 --> 00:15:14,311 And the testimony that Mr. Swann slit Mr. Cohen's throat-- 290 00:15:14,380 --> 00:15:18,373 Wasn't it your own witness who established the means of death, Counselor? 291 00:15:18,918 --> 00:15:22,183 (Stone) Mr. Bobbitt merely repeated what Mr. Swann had told him. 292 00:15:22,755 --> 00:15:26,851 To penalize the People for something entirely under Mr. Swann's control... 293 00:15:26,926 --> 00:15:29,394 is to reward the Appellant for having lied. 294 00:15:29,461 --> 00:15:33,659 Surely, Mr. Stone, you don't suggest that Mr. Bobbitt was mistaken... 295 00:15:33,732 --> 00:15:36,701 about the very state in which the cadaver was buried? 296 00:15:36,802 --> 00:15:39,236 It is most likely that the body was moved... 297 00:15:39,305 --> 00:15:41,102 subsequent to being buried in New Jersey. 298 00:15:41,173 --> 00:15:42,538 But not certain. 299 00:15:42,975 --> 00:15:46,240 Isn't this just the sort ofthing a new trial would ascertain? 300 00:15:46,312 --> 00:15:49,873 A discrepancy of that nature is not sufficient... 301 00:15:50,249 --> 00:15:54,049 to warrant a directed verdict of acquittal, and that's the standard... 302 00:15:54,720 --> 00:15:58,156 this court must apply, pursuant to People v. Serrotti. Thank you. 303 00:16:26,385 --> 00:16:27,374 He won. 304 00:16:28,420 --> 00:16:30,320 They granted him a new trial. 305 00:16:32,558 --> 00:16:33,718 Well. 306 00:16:36,228 --> 00:16:38,321 We'll have to round up... 307 00:16:38,998 --> 00:16:41,125 all the witnesses from the previous trial. 308 00:16:42,434 --> 00:16:45,767 We'll start with his prep-school cronies first. 309 00:16:46,805 --> 00:16:49,467 It's been eight years. People move out of state. 310 00:16:49,541 --> 00:16:51,839 Well, they were Wall Street junkies... 311 00:16:53,012 --> 00:16:54,377 so they'll be where the money is. 312 00:17:03,222 --> 00:17:06,419 Swann could walk into a room, pitch an idea to 20 guys in suits... 313 00:17:06,492 --> 00:17:08,517 and walk outwith 20 checks. 314 00:17:09,061 --> 00:17:10,187 It was a gift. 315 00:17:10,262 --> 00:17:12,423 So he worked his magic on you, huh? 316 00:17:13,165 --> 00:17:14,462 He got me into commodities. 317 00:17:14,533 --> 00:17:16,626 You mean he got your old man's money into commodities. 318 00:17:16,702 --> 00:17:18,294 My dad's, mine. Who cared? 319 00:17:18,771 --> 00:17:21,103 Until I saw the entire $200,000 circling the bowl. 320 00:17:21,173 --> 00:17:22,970 Then I absolutely panicked. 321 00:17:23,208 --> 00:17:27,008 But Phil gave me a hug and started faking account statements. 322 00:17:27,079 --> 00:17:29,343 So much for the old-boy network, huh? 323 00:17:29,815 --> 00:17:32,045 Not quite. We were just getting nervous. 324 00:17:32,117 --> 00:17:34,483 But not all of our investors had the stomach for it. 325 00:17:34,553 --> 00:17:38,011 Then Sid Cohen showed up? He had some quick-paced real estate deals. 326 00:17:38,090 --> 00:17:40,149 Buy condemned property, get a low-interest HUD loan... 327 00:17:40,225 --> 00:17:43,194 on prospective value, make 200% on your money. 328 00:17:43,262 --> 00:17:45,389 How can anybody be unhappy with that? 329 00:17:45,464 --> 00:17:47,591 Cohen took us for nearly $1 million. 330 00:17:47,666 --> 00:17:50,328 We couldn't pay our secretaries. Our investors are at the gates... 331 00:17:50,402 --> 00:17:52,893 and we couldn't get anything out of Cohen. 332 00:17:53,105 --> 00:17:54,766 But Swann was cool. 333 00:17:55,474 --> 00:17:57,339 He promised to get our money back. 334 00:17:57,409 --> 00:17:58,842 Where did Bobbitt fit in? 335 00:17:58,911 --> 00:18:01,812 Simple. He was poor. Swann offered to make him rich. 336 00:18:01,947 --> 00:18:04,438 And it only cost him his mother's pension. 337 00:18:06,385 --> 00:18:10,116 Ninth grade, Penton Academy, Phil was already practicing his moves. 338 00:18:11,657 --> 00:18:14,524 Back then it was $10 shares in a gold mine. 339 00:18:15,627 --> 00:18:18,494 He made you feel lucky you got in on the ground floor. 340 00:18:18,564 --> 00:18:21,727 Yeah, except the elevator was headed toward the basement. 341 00:18:21,934 --> 00:18:25,563 Phil gave us a bottle of cheap champagne. We ended up feeling sorry for him. 342 00:18:25,637 --> 00:18:28,663 So, what, 12 years later it was forgive and forget? 343 00:18:28,841 --> 00:18:32,436 Phil was selling blue skies. We were greedy enough to believe him. 344 00:18:33,112 --> 00:18:34,602 It's water under the bridge now. 345 00:18:34,680 --> 00:18:39,014 Well, I hope you like flashbacks, Mr. Ross, because Swann's getting a new trial. 346 00:18:39,084 --> 00:18:40,073 [snickers] 347 00:18:40,185 --> 00:18:42,050 What does it take, a silver bullet? 348 00:18:42,121 --> 00:18:44,089 You'll get another shot at him. 349 00:18:44,156 --> 00:18:46,181 I'd rather not go through it again. 350 00:18:46,558 --> 00:18:49,254 I'm over my anger. Well, hey, good for you. 351 00:18:49,595 --> 00:18:51,790 But Mr. Cohen's not over being dead. 352 00:18:53,098 --> 00:18:55,828 It's on us. The DA. will be in touch, Mr. Ross. 353 00:19:00,105 --> 00:19:01,094 [sighs] 354 00:19:01,173 --> 00:19:03,437 Swann takes them to the cleaners, and all they can say is: 355 00:19:03,509 --> 00:19:05,101 "Thanks for the starch." 356 00:19:05,177 --> 00:19:07,270 I had a girlfriend once. Katerina. 357 00:19:08,080 --> 00:19:10,412 In two months, she took me through hell in a hand basket... 358 00:19:10,482 --> 00:19:12,109 but it was a lovely ride. 359 00:19:12,184 --> 00:19:15,483 And if she called tonight? I'd be waiting at the curb. 360 00:19:15,554 --> 00:19:17,181 [both snickering] 361 00:19:18,490 --> 00:19:20,048 Two of the witnesses are living abroad. 362 00:19:20,125 --> 00:19:23,117 One's got cold feet, and the other's dropped out of sight. 363 00:19:23,195 --> 00:19:24,992 Well, that's just terrific. 364 00:19:25,297 --> 00:19:28,664 You're left with one witness, maybe a perjurer... 365 00:19:29,234 --> 00:19:31,702 and the other one who has the moral backbone of a pretzel. 366 00:19:31,770 --> 00:19:34,034 It doesn't matter. Swann killed Cohen. 367 00:19:34,506 --> 00:19:36,167 We ran his name through the system. 368 00:19:36,241 --> 00:19:38,835 There's a .22 registered in his name in New Jersey. 369 00:19:38,911 --> 00:19:40,640 And where is that gun now? 370 00:19:40,879 --> 00:19:42,904 All this evidence, 10 years old. 371 00:19:42,981 --> 00:19:44,846 Actually, some if it's quite a bit older. 372 00:19:44,917 --> 00:19:48,045 I talked to Forensics. They found lava dust caked on Cohen's remains. 373 00:19:48,120 --> 00:19:51,385 Which means the body was buried where Bobbitt said it was, and then moved. 374 00:19:51,456 --> 00:19:53,048 But not necessarily by Swann. 375 00:19:53,125 --> 00:19:55,491 Of course it was by Swann. It makes perfect sense. 376 00:19:55,561 --> 00:19:57,927 He never thought we'd get a conviction without the body. 377 00:19:57,996 --> 00:20:01,762 The final irony. Body gets found, and he gets off. 378 00:20:01,833 --> 00:20:03,266 He dug the body up. He moved it. 379 00:20:03,335 --> 00:20:05,235 There's probably dirt in the trunk of his car. 380 00:20:05,304 --> 00:20:06,703 A car that he owned eight years ago. 381 00:20:06,772 --> 00:20:09,832 A Mercedes 500. We traced it to a woman in Connecticut. 382 00:20:11,043 --> 00:20:14,035 All right, get a warrant, a pair of tweezers, and good luck. 383 00:20:18,850 --> 00:20:22,013 An amazing assortment of specimens can accumulate in eight years. 384 00:20:22,087 --> 00:20:25,921 Sand from two local beaches, bits of pubic hair, human detritus. 385 00:20:25,991 --> 00:20:29,154 Mostly exfoliated skin, and the parasites that feed on it. 386 00:20:29,428 --> 00:20:33,023 You see these shiny microflakes? That's schist from the Ordovician Period. 387 00:20:33,098 --> 00:20:35,259 Very typical of the Manhattan area. 388 00:20:35,434 --> 00:20:38,426 But this other sample from the car, that's very exciting. 389 00:20:38,503 --> 00:20:39,492 Look. 390 00:20:39,605 --> 00:20:43,097 The brown coating, that's iron oxide, characteristic of lava. 391 00:20:43,508 --> 00:20:46,136 So the dirt from the trunk matches the dirt from the body. 392 00:20:46,211 --> 00:20:48,338 I'm almost 100% sure of it. 393 00:20:48,413 --> 00:20:50,313 But you might want to have a geologist back me up. 394 00:20:52,684 --> 00:20:54,914 Make sure your experts speak English. 395 00:20:54,987 --> 00:20:58,753 Don't give the jury a bunch of volcano this and Stone Age that. 396 00:20:58,824 --> 00:21:00,519 That's not what I'm worried about, Adam. 397 00:21:00,592 --> 00:21:03,720 Russell Bobbitt's testimony can be easily supported by the evidence. 398 00:21:03,795 --> 00:21:06,263 Yeah, well, we can be thankful... 399 00:21:06,665 --> 00:21:09,532 that Swann is arrogant enough to represent himself. 400 00:21:09,668 --> 00:21:12,796 He dug himself out of prison, got himselfto a new trial. 401 00:21:13,538 --> 00:21:15,699 Merely writing briefs is one thing. 402 00:21:16,008 --> 00:21:19,205 Rough and tumble of a court trial will set him back on his heels. 403 00:21:19,278 --> 00:21:21,371 Ben. Russell Bobbitt's gone. 404 00:21:21,880 --> 00:21:25,316 He put a one-way ticket to the Bahamas on his charge card, and disappeared. 405 00:21:30,289 --> 00:21:34,089 Your Honor, the state is suddenly unable to produce our prime witness. 406 00:21:34,393 --> 00:21:37,658 So we request a short postponement to commencing the trial. 407 00:21:37,896 --> 00:21:39,625 Why? Is Mr. Bobbitt sick? 408 00:21:40,032 --> 00:21:42,660 We have evidence that he may have left the country... 409 00:21:42,734 --> 00:21:44,565 but I have my doubts about that. 410 00:21:44,636 --> 00:21:46,399 You mean, he packed up his trunk of lies... 411 00:21:46,471 --> 00:21:49,269 and took the first plane out ofthe jurisdiction. 412 00:21:51,076 --> 00:21:54,011 Now, you give us a month, Your Honor, and we'll find out precisely... 413 00:21:54,079 --> 00:21:55,410 what happened to Mr. Bobbitt. 414 00:21:55,480 --> 00:21:56,970 (Swann) Well, with all due respect, Judge... 415 00:21:57,049 --> 00:22:00,075 I've been sitting in a cell unjustly for eight years. 416 00:22:01,253 --> 00:22:03,153 To me, a month's like a year. 417 00:22:05,324 --> 00:22:06,621 I'm sorry, Ben. 418 00:22:06,825 --> 00:22:09,658 If Mr. Bobbitt doesn't appear, you'll have to make do with reading... 419 00:22:09,728 --> 00:22:11,559 his testimony from the first trial into evidence. 420 00:22:11,630 --> 00:22:12,722 (Swann) Well, excuse me, Your Honor. 421 00:22:12,798 --> 00:22:15,289 My retrial was granted on the basis of new evidence... 422 00:22:15,367 --> 00:22:18,393 which completely contradicts Mr. Bobbitt's prior testimony. 423 00:22:18,470 --> 00:22:21,303 The jury is entitled to determine credibility, Your Honor. 424 00:22:21,373 --> 00:22:24,638 But how can I discredit him, if I can't cross-examine him? 425 00:22:25,410 --> 00:22:26,570 And the Constitution gives me... 426 00:22:26,645 --> 00:22:28,909 the right to confront all witnesses against me. 427 00:22:32,451 --> 00:22:33,440 He's right. 428 00:22:33,552 --> 00:22:35,110 Unless the State can produce the witness... 429 00:22:35,187 --> 00:22:37,314 his story'll never be heard in my courtroom. 430 00:22:37,989 --> 00:22:40,150 (Stone) They say you don't really understand the law... 431 00:22:40,225 --> 00:22:42,716 unless you spend a couple of years behind bars. 432 00:22:42,794 --> 00:22:45,354 Well, he's certainly enjoying the publicity. 433 00:22:45,897 --> 00:22:49,993 He didn't raise millions of dollars without knowing how to play an audience. 434 00:22:50,268 --> 00:22:53,169 Whatever he lacks in morals, he's got double in ego. 435 00:22:53,338 --> 00:22:55,067 Well, then, let's use it. 436 00:22:55,474 --> 00:22:57,908 You think you're great, you're not gonna keep it a secret. 437 00:22:57,976 --> 00:23:01,309 And he spent the last eight years in some very close quarters. 438 00:23:04,449 --> 00:23:05,473 Innocent? 439 00:23:06,718 --> 00:23:09,744 Sure, he's innocent. Nobody in here never did nothing. 440 00:23:11,156 --> 00:23:13,886 Only Swann is about to get a chance to prove it. 441 00:23:14,726 --> 00:23:17,991 And he swears he's got you guys spinning in your tracks. 442 00:23:19,164 --> 00:23:21,860 Did he ever talk to you about his first trial? 443 00:23:23,735 --> 00:23:24,861 You know... 444 00:23:25,704 --> 00:23:28,172 living in here, my memory gets awful bad. 445 00:23:28,607 --> 00:23:31,770 I don't have time to play games, Mr. Doyle. Well, I do. 446 00:23:32,411 --> 00:23:35,107 Four years, to be exact. We can make it five. 447 00:23:35,480 --> 00:23:37,209 You don't testify, I'll cite you for contempt. 448 00:23:37,282 --> 00:23:38,749 And I'll say I don't know anything. 449 00:23:38,817 --> 00:23:40,341 Perjury. Make it six. 450 00:23:45,791 --> 00:23:46,780 Okay. 451 00:23:47,659 --> 00:23:49,251 But I want a transfer. 452 00:23:49,895 --> 00:23:53,763 Around here, guys with good memories don't win any popularity contests. 453 00:23:58,637 --> 00:24:01,572 Phil had some money with Sid Cohen. A real estate deal. 454 00:24:01,640 --> 00:24:04,370 But when Phil went to see him, there was nothing left. 455 00:24:04,443 --> 00:24:06,877 Did Mr. Cohen offer any explanation for that? 456 00:24:06,945 --> 00:24:08,310 Phil got very nasty. 457 00:24:08,380 --> 00:24:11,008 But Cohen said he was broke, he'd lost it all. 458 00:24:11,183 --> 00:24:13,276 What did Mr. Swann do about that? 459 00:24:13,718 --> 00:24:15,481 Phil was very meticulous. 460 00:24:15,887 --> 00:24:18,515 Every day, he made a list. "Things to do today." 461 00:24:19,391 --> 00:24:21,382 One day he showed me his list. 462 00:24:25,130 --> 00:24:26,495 Is this the list? 463 00:24:27,732 --> 00:24:29,256 Yes. Please read it. 464 00:24:31,036 --> 00:24:32,697 "7:00 am: Breakfast with Donny. 465 00:24:32,771 --> 00:24:35,934 "9:00 am: Conference with Moore and Black, our attorneys. 466 00:24:36,007 --> 00:24:37,804 "12:30 pm: Lunch with Chip. 467 00:24:38,143 --> 00:24:40,168 "4:00 pm: Shoe shine. 9:00 pm: 468 00:24:40,979 --> 00:24:42,344 "Kill Sid Cohen." 469 00:24:48,253 --> 00:24:50,346 Entered as People's Exhibit 5. 470 00:24:55,660 --> 00:24:59,596 Do you mean to say that you actually took that entry in my diary seriously? 471 00:24:59,965 --> 00:25:01,694 You were desperate, Phil. 472 00:25:01,900 --> 00:25:04,733 So can I assume you called the police immediately? 473 00:25:07,172 --> 00:25:08,161 No. 474 00:25:08,907 --> 00:25:10,807 Tell me, Chip, did my list... 475 00:25:11,309 --> 00:25:14,301 say how I was planning to kill Mr. Cohen? 476 00:25:14,846 --> 00:25:17,542 (Chip) No. But I knew you had a .22. 477 00:25:17,916 --> 00:25:20,180 You said all you had to do was bury him in New Jersey... 478 00:25:20,252 --> 00:25:22,720 and nobody would ever know he was missing. 479 00:25:23,622 --> 00:25:26,853 Well, I guess I wasn't as meticulous as you thought, Chip. 480 00:25:27,459 --> 00:25:28,892 If I were... 481 00:25:28,960 --> 00:25:33,761 I certainly would have had my shoes shined after I buried poor Mr. Cohen, not before. 482 00:25:36,635 --> 00:25:39,229 I shared a cell with the defendant for almost four years. 483 00:25:39,304 --> 00:25:42,569 He was always talking about what a hotshot he is, you know. 484 00:25:42,941 --> 00:25:45,375 Mercedes Benz, Rolex... 485 00:25:45,677 --> 00:25:48,805 breakfast in Paris, lunch in Rome. That kind of crap. 486 00:25:49,381 --> 00:25:52,009 Did Mr. Swann ever mention the name Sid Cohen? 487 00:25:52,183 --> 00:25:54,208 That's the guy he killed, right? 488 00:25:54,920 --> 00:25:56,751 He was real proud ofthat one, too. 489 00:25:57,255 --> 00:25:59,780 What did Mr. Swann tell you about Mr. Cohen? 490 00:26:00,158 --> 00:26:02,285 He said the guy tried to screw him on a deal... 491 00:26:02,360 --> 00:26:05,818 so he had to take care of business. You know what I mean? 492 00:26:06,665 --> 00:26:08,792 Would you please be more specific. 493 00:26:09,200 --> 00:26:10,690 Bullet in the brain. 494 00:26:11,002 --> 00:26:14,768 Then Swann and his buddy, think he said the guy's name was Bobbitt... 495 00:26:15,574 --> 00:26:17,303 dumped the body in Jersey. 496 00:26:17,976 --> 00:26:20,945 Swann didn't think Bobbitt could take the heat, so to cover his butt... 497 00:26:21,012 --> 00:26:23,879 he moved the body somewhere on Roosevelt Island. 498 00:26:24,583 --> 00:26:26,483 That way, if Bobbitt broke... 499 00:26:27,586 --> 00:26:30,077 no one would believe him without the body. 500 00:26:31,022 --> 00:26:32,114 It's a good plan. 501 00:26:34,259 --> 00:26:35,419 Didn't work. 502 00:26:40,599 --> 00:26:42,066 Billy, Billy, BiIIy. 503 00:26:43,468 --> 00:26:45,163 You ought to be ashamed. 504 00:26:45,437 --> 00:26:46,927 Question, Mr. Swann? 505 00:26:48,673 --> 00:26:50,106 Of course, Your Honor. 506 00:26:50,175 --> 00:26:53,736 Tell me, Billy, where were you living before we became roommates? 507 00:26:54,279 --> 00:26:56,213 Binghamton. And before that? 508 00:26:58,683 --> 00:27:00,048 Vancourt, Texas. 509 00:27:00,385 --> 00:27:03,513 What, did you own a condo, or did you just rent? 510 00:27:04,522 --> 00:27:06,149 I was incarcerated. 511 00:27:06,224 --> 00:27:07,248 Irrelevant, Your Honor. 512 00:27:07,325 --> 00:27:10,419 Well, certainly I'm allowed to question Mr. Doyle's credibility. 513 00:27:10,495 --> 00:27:11,484 Continue. 514 00:27:12,664 --> 00:27:14,655 Tell me, Billy, while you were in Vancourt... 515 00:27:14,733 --> 00:27:17,861 did you have occasion to testify in a court proceeding? 516 00:27:19,938 --> 00:27:20,927 Yeah. 517 00:27:21,906 --> 00:27:23,635 Under what circumstances? 518 00:27:26,177 --> 00:27:28,475 I cut a deal with the DA. down there. 519 00:27:28,847 --> 00:27:29,871 (Swann) A deal? 520 00:27:30,415 --> 00:27:33,248 To testify against a fellow inmate in countyjail? 521 00:27:35,420 --> 00:27:36,648 That's right. 522 00:27:36,855 --> 00:27:40,723 Isn't it true that your testimony in that case proved to be perjurious? 523 00:27:43,862 --> 00:27:45,090 So they said. 524 00:27:46,765 --> 00:27:48,289 So they wrote, Billy. 525 00:27:49,701 --> 00:27:52,226 I enter Defense Exhibit 17, an affidavit... 526 00:27:52,303 --> 00:27:56,467 from the Sterling County District Attorney, attesting to Mr. Doyle's perjury. 527 00:27:58,176 --> 00:27:59,165 Billy... 528 00:28:00,679 --> 00:28:02,203 don't you ever learn? 529 00:28:08,386 --> 00:28:12,914 First day of law school: Known perjurers do not make good witnesses. 530 00:28:13,224 --> 00:28:15,385 How could I know what happened in Vancourt, Texas? 531 00:28:15,460 --> 00:28:17,394 Swann was privy to prison gossip. 532 00:28:17,462 --> 00:28:18,827 He researched it. 533 00:28:19,297 --> 00:28:20,821 You may be right about Swann. 534 00:28:20,899 --> 00:28:22,799 The papers are turning him into a folk hero. 535 00:28:22,867 --> 00:28:25,597 When he gets acquitted, I might offer him ajob. 536 00:28:25,970 --> 00:28:27,335 You try dealing with him? 537 00:28:27,405 --> 00:28:30,636 Adam, if you want me to plea him, you take me offthe case. 538 00:28:31,142 --> 00:28:32,439 Don't tempt me. 539 00:28:35,847 --> 00:28:38,145 Of course I was angry at Sid Cohen... 540 00:28:38,450 --> 00:28:40,748 but I was also angry at my investors. 541 00:28:40,919 --> 00:28:42,648 I made them a lot of money... 542 00:28:42,721 --> 00:28:45,087 and they all ran away with their tails between their legs... 543 00:28:45,156 --> 00:28:46,851 just because of a little setback. 544 00:28:46,925 --> 00:28:48,392 But I didn't kill them... 545 00:28:48,460 --> 00:28:50,291 and I didn't kill Sid Cohen. 546 00:28:51,730 --> 00:28:52,719 I'm a businessman. 547 00:28:52,797 --> 00:28:56,062 I knew if everyone just sat still, everything would be okay. 548 00:28:57,602 --> 00:29:00,093 Possibly the extent ofthat panic... 549 00:29:01,139 --> 00:29:03,573 drove someone to kill Sid Cohen. 550 00:29:04,442 --> 00:29:06,740 Possibly there were other deals with other individuals-- 551 00:29:06,811 --> 00:29:08,802 Objection, Your Honor. Conjecture. 552 00:29:08,880 --> 00:29:10,279 (Swann) I'm sorry, Your Honor. 553 00:29:10,415 --> 00:29:13,851 Bottom line is Sid Cohen may be dead now. 554 00:29:15,487 --> 00:29:16,613 But I swear... 555 00:29:17,455 --> 00:29:18,752 he was alive... 556 00:29:18,857 --> 00:29:22,918 and getting a suntan in Barbados when I was first convicted of killing him. 557 00:29:23,061 --> 00:29:24,961 Cross-examination, Mr. Stone. 558 00:29:25,163 --> 00:29:27,791 Mr. Swann, do you routinely list... 559 00:29:27,866 --> 00:29:30,494 killing people as part of your daily calendar? 560 00:29:31,703 --> 00:29:34,536 Mr. Stone, do you routinely lack a sense of humor? 561 00:29:36,441 --> 00:29:38,341 About murder I have none, sir. 562 00:29:42,147 --> 00:29:43,944 There's a question pending. 563 00:29:46,384 --> 00:29:48,750 Well, we were kids. It was ajoke. 564 00:29:50,121 --> 00:29:52,180 If I really planned on murdering Mr. Cohen... 565 00:29:52,257 --> 00:29:54,782 I don't think I'd announce it to the world. 566 00:29:55,026 --> 00:29:58,257 As Mr. Rafferty said, I am meticulous. 567 00:29:59,798 --> 00:30:02,062 Well, if you didn't kill Mr. Cohen... 568 00:30:02,400 --> 00:30:06,029 how do you explain dirt from Patterson, New Jersey... 569 00:30:06,471 --> 00:30:08,166 found on the trunk of your car? 570 00:30:08,239 --> 00:30:11,037 Well, eight years ago, I had a nine handicap. 571 00:30:11,543 --> 00:30:14,842 I played golfthree times a week at the Apple Ridge Country Club. 572 00:30:14,913 --> 00:30:16,676 That's in northern New Jersey. 573 00:30:16,748 --> 00:30:20,149 I guess I over-tipped my caddy. He must not have cleaned my shoes very well... 574 00:30:20,218 --> 00:30:22,243 before he slipped them in the back of my trunk. 575 00:30:22,320 --> 00:30:24,584 Then can you explain how the same dirt... 576 00:30:24,656 --> 00:30:27,716 from your golf cleats was found on Mr. Cohen's body? 577 00:30:27,792 --> 00:30:30,955 Well, I haven't dedicated my life to the study of dirt... 578 00:30:31,095 --> 00:30:32,722 but I.... No, I did read somewhere... 579 00:30:32,797 --> 00:30:35,664 that lava rock was used to build roads in the city. 580 00:30:35,934 --> 00:30:38,334 Maybe it was trucked in from New Jersey. 581 00:30:39,003 --> 00:30:40,834 I don't know. I'm no expert. 582 00:30:44,642 --> 00:30:46,371 Anything else, Mr. Stone? 583 00:30:48,413 --> 00:30:49,437 No, Your Honor. 584 00:30:51,015 --> 00:30:53,040 Piece by piece, Swann got rid of our evidence. 585 00:30:53,117 --> 00:30:54,880 Then he cast a reasonable doubt on what's left. 586 00:30:54,953 --> 00:30:56,250 Reasonable doubt in whose mind? 587 00:30:56,321 --> 00:30:59,449 The man is guilty, and that jury's lining up to shake his hand. 588 00:30:59,524 --> 00:31:01,014 Then call Judge Callahan... 589 00:31:01,092 --> 00:31:03,458 and tell him you'll be delivering your concession speech... 590 00:31:03,528 --> 00:31:05,018 instead of a summation. 591 00:31:05,096 --> 00:31:07,223 Now, listen, I expect you to come up with something. 592 00:31:07,298 --> 00:31:08,959 Unless you're ready to admit... 593 00:31:09,033 --> 00:31:10,830 that you've been out-Iawyered by an amateur. 594 00:31:20,078 --> 00:31:21,238 (Swann) Eight years... 595 00:31:23,748 --> 00:31:27,206 96 months, 2,920 days. 596 00:31:29,520 --> 00:31:31,488 Now that is how much time I've spent in prison... 597 00:31:31,556 --> 00:31:35,720 for killing a man the State didn't even know was dead until a few months ago. 598 00:31:36,995 --> 00:31:40,453 Now, first, they convicted me of cutting Sid Cohen's throat... 599 00:31:40,531 --> 00:31:43,056 when he was, in fact, killed by a bullet in the brain. 600 00:31:43,134 --> 00:31:45,659 And they claimed I buried him in New Jersey. 601 00:31:45,803 --> 00:31:47,896 He was found on Roosevelt Island. 602 00:31:48,806 --> 00:31:50,899 And what do they offer for proof? 603 00:31:51,976 --> 00:31:53,443 Perjured testimony. 604 00:31:54,579 --> 00:31:56,206 Now, in the real world... 605 00:31:56,281 --> 00:32:00,308 the community sleeps better if somebody is put in jail. 606 00:32:00,385 --> 00:32:03,218 And in the real world, prosecutors get promoted... 607 00:32:04,489 --> 00:32:06,184 ifthey get convictions. 608 00:32:07,091 --> 00:32:10,686 And in the real world, the world assumes that if you're charged... 609 00:32:12,163 --> 00:32:13,630 you must be guilty. 610 00:32:16,467 --> 00:32:18,594 Now, it's assumptions like that... 611 00:32:19,637 --> 00:32:21,264 that took away my life. 612 00:32:25,176 --> 00:32:27,269 So let me have what's left of it. 613 00:32:31,282 --> 00:32:34,410 Phillip Swann cuts a pretty romantic figure, doesn't he? 614 00:32:35,820 --> 00:32:39,051 He's the charming, high-stakes hustler... 615 00:32:39,791 --> 00:32:41,782 and a very personable genius... 616 00:32:42,093 --> 00:32:44,288 who likes to pick the pockets of his wealthier friends. 617 00:32:44,362 --> 00:32:47,092 So he's kind ofthe bad guy that we really love... 618 00:32:47,765 --> 00:32:49,289 and we secretly envy. 619 00:32:50,268 --> 00:32:54,136 But behind that very entertaining facade lies one cold, very ugly fact. 620 00:32:54,906 --> 00:32:58,467 Phillip Swann put a bullet into the skull of an unarmed old man... 621 00:32:58,543 --> 00:33:01,444 and he did it as just one more chore to do that day. 622 00:33:01,879 --> 00:33:05,337 Now that's a side of Phillip Swann he'd rather you didn't see. 623 00:33:06,184 --> 00:33:09,085 It means that he is not the boy genius of Wall Street... 624 00:33:09,153 --> 00:33:10,586 but just an inept swindler... 625 00:33:10,655 --> 00:33:13,749 who got beaten at his own game by Sid Cohen. 626 00:33:15,326 --> 00:33:18,159 Obviously, Phillip Swann desperately wants the acceptance... 627 00:33:18,229 --> 00:33:21,426 of his wealthy friends and the financial world... 628 00:33:21,499 --> 00:33:24,866 and now he wants you to embrace him. 629 00:33:29,774 --> 00:33:31,139 Don't be seduced. 630 00:33:31,642 --> 00:33:33,166 Beware of that man. 631 00:33:35,413 --> 00:33:37,540 Behind the smiles and the jokes... 632 00:33:38,716 --> 00:33:42,516 is the monster that put a bullet in Sid Cohen's brain. 633 00:33:49,027 --> 00:33:51,188 (Judge Callahan) Will the defendant please rise? 634 00:33:52,030 --> 00:33:55,625 On the sole count of the indictment, murder in the second degree... 635 00:33:55,700 --> 00:33:57,065 how do you find? 636 00:33:57,969 --> 00:34:00,529 We find the defendant not guilty, Your Honor. 637 00:34:04,776 --> 00:34:06,437 [people murmuring] 638 00:34:18,856 --> 00:34:21,256 Phillip Swann threw an acquittal party at 21. 639 00:34:21,325 --> 00:34:24,488 Eight years in prison, I'm surprised he didn't throw a ticker-tape parade. 640 00:34:24,562 --> 00:34:25,927 It's premature. 641 00:34:25,997 --> 00:34:28,864 Swann may not have a law degree, but my guess is... 642 00:34:29,867 --> 00:34:31,664 that he's well-acquainted with double jeopardy. 643 00:34:31,736 --> 00:34:34,796 I'm not talking about Cohen's murder. I'm talking about Russell Bobbitt. 644 00:34:34,872 --> 00:34:36,032 You think Swann got to him? 645 00:34:36,107 --> 00:34:38,200 If he bribed Bobbitt, that's tampering with a witness. 646 00:34:38,276 --> 00:34:39,868 It's hindering a prosecution. 647 00:34:39,944 --> 00:34:41,673 Bribed Bobbitt with what? 648 00:34:41,979 --> 00:34:45,210 He's been in jail, bankrupt for the past eight years. 649 00:34:45,283 --> 00:34:46,272 [knocking on door] 650 00:34:46,350 --> 00:34:47,374 Yes? 651 00:34:49,220 --> 00:34:50,312 Ben Stone. 652 00:35:13,444 --> 00:35:17,107 Swann's suing the State and Ben, personally, for $10 million. 653 00:35:17,181 --> 00:35:18,205 [snickers] 654 00:35:18,282 --> 00:35:21,479 Everything from malicious prosecution to civil rights violations. 655 00:35:29,327 --> 00:35:32,785 Just got offthe phone with Smythe, Attorney General's Office. 656 00:35:33,164 --> 00:35:36,429 He tells me there's an ugly rumor going around Court Street... 657 00:35:36,501 --> 00:35:38,628 that you're representing yourself. 658 00:35:38,769 --> 00:35:40,464 I know the case better than anyone. 659 00:35:40,538 --> 00:35:43,098 The last time you set foot in civil court... 660 00:35:43,441 --> 00:35:45,909 was 20 years ago when you were sworn in. 661 00:35:45,977 --> 00:35:47,001 You don't think I can do it? 662 00:35:47,078 --> 00:35:50,707 When Clarence Darrow went into a courtroom as a defendant... 663 00:35:50,781 --> 00:35:52,442 he wasn't fool enough to go it alone. 664 00:35:52,517 --> 00:35:54,610 My immediate concerns are not with Clarence Darrow-- 665 00:35:54,685 --> 00:35:56,812 I don't give a damn about your concerns. 666 00:35:56,888 --> 00:35:59,152 Liability here is joint and several. 667 00:36:00,391 --> 00:36:02,325 You lose, you ruin me and this office. 668 00:36:02,393 --> 00:36:05,829 I can live without this job, sir. There are some things I cannot live without. 669 00:36:05,897 --> 00:36:08,593 Your ego. Mr. Schiff, if a man who lies... 670 00:36:08,666 --> 00:36:11,134 can go pro se and win, and a man who tells the truth can't... 671 00:36:11,202 --> 00:36:12,760 I don't want to be in this anymore. 672 00:36:12,837 --> 00:36:14,737 Yeah, well, that's just great. 673 00:36:15,173 --> 00:36:18,700 And this little son of a bitch could take your car, your condo... 674 00:36:19,076 --> 00:36:21,670 and your closetful of blue suits. Not if I win. 675 00:36:21,746 --> 00:36:23,941 Well, nothing would make me happier. 676 00:36:28,786 --> 00:36:30,151 I can come back. 677 00:36:31,689 --> 00:36:33,156 No, it's all right. 678 00:36:34,292 --> 00:36:36,817 Well, I have bad news and good news. 679 00:36:37,461 --> 00:36:39,429 Last month, in Buckley v. Fitzsimmons... 680 00:36:39,497 --> 00:36:40,521 the Supreme Court took away... 681 00:36:40,598 --> 00:36:42,498 a prosecutor's absolute immunity. 682 00:36:43,100 --> 00:36:45,967 The good news, it doesn't appear to be retroactive. 683 00:36:46,337 --> 00:36:47,861 Looks like time is on your side. 684 00:36:47,939 --> 00:36:51,500 Unfortunately, Mr. Swann is claiming that the alleged malfeasance... 685 00:36:51,576 --> 00:36:54,340 continues right up to his acquittal in the second trial. 686 00:36:54,412 --> 00:36:55,811 That's ridiculous. 687 00:36:56,147 --> 00:36:58,980 I know. But it would take an appeal to prove that. 688 00:36:59,984 --> 00:37:02,851 Claire, you don't have to do this. It's my problem. 689 00:37:03,087 --> 00:37:04,145 But it's on my own time. 690 00:37:12,997 --> 00:37:17,400 Mr. Stone, referring to Schedule A of your 1984 federal return... 691 00:37:17,468 --> 00:37:19,129 which has been marked Plaintiff's 71-- 692 00:37:19,203 --> 00:37:21,103 Haven't you wasted enough time? 693 00:37:21,172 --> 00:37:23,470 What's an ancient tax return got to do with this case? 694 00:37:23,541 --> 00:37:27,102 We both stipulated to waive all objections except as to form, Counselor. 695 00:37:27,178 --> 00:37:29,942 Your questions have to have at least the appearance of relevance. 696 00:37:30,014 --> 00:37:33,882 This is a deposition, not a trial. We both know everything's fair game. 697 00:37:34,318 --> 00:37:35,876 You wouldn't be trying to take advantage... 698 00:37:35,953 --> 00:37:37,614 of my lack of formal training, now would you? 699 00:37:37,688 --> 00:37:41,089 I am trying to get out of here before the turn ofthe century. 700 00:37:41,692 --> 00:37:43,683 Now, about that deduction, Ben. 701 00:37:43,995 --> 00:37:46,259 You should have gotten yourself a better divorce attorney. 702 00:37:46,330 --> 00:37:48,525 You little creep. This isn't a game. 703 00:37:49,700 --> 00:37:52,828 You don't like me, Ben? You're just waking up to that? 704 00:37:53,004 --> 00:37:56,132 Could that be the reason that you used perjured testimony to convict me... 705 00:37:56,207 --> 00:37:57,196 in the first trial? 706 00:37:57,275 --> 00:38:00,506 There's no proof that Russell Bobbitt-- Think again, Counselor. 707 00:38:00,578 --> 00:38:02,569 I was acquitted in the second trial. 708 00:38:02,647 --> 00:38:05,707 Therefore, a fortiori, Bobbitt must have been lying in the first. 709 00:38:05,783 --> 00:38:09,446 Ergo, you are collaterally estopped from trying to prove otherwise. 710 00:38:12,757 --> 00:38:14,952 It's not like this is my first case. 711 00:38:18,362 --> 00:38:19,488 Now, Ben... 712 00:38:20,197 --> 00:38:22,392 isn't it true that you were promoted to the position... 713 00:38:22,466 --> 00:38:24,991 of Executive Assistant District Attorney... 714 00:38:25,670 --> 00:38:27,535 immediately following my conviction? 715 00:38:29,807 --> 00:38:32,002 Well, he's certainly going for the jugular. 716 00:38:32,076 --> 00:38:34,237 Tax returns for the last ten years. 717 00:38:34,945 --> 00:38:38,210 Puts my life on the dissecting table, and he drools over it. 718 00:38:38,282 --> 00:38:39,271 He is good. 719 00:38:39,350 --> 00:38:43,753 I don't know many lawyers who can recite chapter and verse on collateral estoppel. 720 00:38:48,859 --> 00:38:50,952 What did he say right after that? 721 00:38:55,299 --> 00:38:57,597 "It's not like this is my first case." 722 00:39:00,271 --> 00:39:01,863 Waiter. Check, please. 723 00:39:04,241 --> 00:39:05,765 I don't see where you're going with this. 724 00:39:05,843 --> 00:39:07,174 If he had other clients... 725 00:39:07,244 --> 00:39:09,235 he's not gonna work for them pro bono, right? 726 00:39:09,947 --> 00:39:12,780 Jailhouse barter system. He scratches their backs, they scratch his. 727 00:39:12,850 --> 00:39:16,251 What if one of those scratches made Russell Bobbitt disappear? 728 00:39:17,254 --> 00:39:20,018 One of Swann's clients gets out of prison, owes him a favor. 729 00:39:20,091 --> 00:39:24,494 Yeah, and if he wrote all those appeals, his name's gonna be on Lexis database. 730 00:39:25,062 --> 00:39:26,552 What about our food? 731 00:39:27,565 --> 00:39:29,965 Well, a lot of briefs are written by people named Swann. 732 00:39:30,034 --> 00:39:31,968 The program doesn't include first names. 733 00:39:32,036 --> 00:39:34,163 Now try Swann and collateral estoppel. 734 00:39:39,276 --> 00:39:41,369 It's Doyle. I don't believe this. 735 00:39:42,646 --> 00:39:43,772 Call it up. 736 00:39:50,388 --> 00:39:54,484 "The Appellant, William Doyle, an inmate at the state facility at Ossining." 737 00:39:55,526 --> 00:39:58,427 Swann represented our prime witness in a civil case. 738 00:39:59,163 --> 00:40:01,927 Now I know how Swann felt when he wanted to murder Cohen. 739 00:40:06,971 --> 00:40:08,029 So he represented me. 740 00:40:08,105 --> 00:40:10,266 What's that got to do with the price of tea in China? 741 00:40:10,608 --> 00:40:12,599 If it was part of a scheme to defraud the courts... 742 00:40:12,676 --> 00:40:14,769 you'd be better off in China. 743 00:40:14,845 --> 00:40:18,144 What, you gonna tack on a couple of years, because I told the truth in court? 744 00:40:18,215 --> 00:40:21,514 You conveniently forgot to tell us about your prior perjury. 745 00:40:21,886 --> 00:40:23,183 You didn't ask. 746 00:40:23,287 --> 00:40:24,914 I'm sure Mr. Swann did. 747 00:40:25,623 --> 00:40:27,215 It makes a difference? 748 00:40:27,758 --> 00:40:31,057 Look, the guy's out of here, and there's nothing you can do... 749 00:40:31,262 --> 00:40:32,251 to either of us. 750 00:40:32,329 --> 00:40:34,490 That's where you're wrong, Mr. Doyle. 751 00:40:34,565 --> 00:40:37,398 I will see you at your parole hearing next month... 752 00:40:39,003 --> 00:40:42,439 and the month after that, and the month after that. 753 00:40:44,675 --> 00:40:45,972 What do you want from me? 754 00:40:46,043 --> 00:40:47,772 Where is Russell Bobbitt? 755 00:40:50,114 --> 00:40:51,376 What do you mean? 756 00:40:51,449 --> 00:40:53,383 I had nothing to do with that. 757 00:40:57,021 --> 00:40:58,113 He's dead? 758 00:41:00,291 --> 00:41:02,259 You get nothing until you do something for me. 759 00:41:02,326 --> 00:41:03,350 Russell Bobbitt. 760 00:41:03,427 --> 00:41:06,794 What about my parole? Accessory to murder, Mr. Doyle. 761 00:41:07,832 --> 00:41:09,197 Russell Bobbitt. 762 00:41:16,874 --> 00:41:17,863 [sighing] 763 00:41:24,315 --> 00:41:25,714 George Mazlansky. 764 00:41:27,184 --> 00:41:28,708 I heard Swann called in a marker. 765 00:41:38,896 --> 00:41:39,885 Hiya. 766 00:41:40,331 --> 00:41:42,128 How long you gonna be? That depends. 767 00:41:42,199 --> 00:41:44,793 We're looking for a guy named George Mazlansky. 768 00:41:44,869 --> 00:41:46,234 Haven't seen him. 769 00:41:50,875 --> 00:41:52,069 (Briscoe) Haven't seen him, huh? 770 00:41:52,142 --> 00:41:53,632 We know he works here, pal. 771 00:41:53,711 --> 00:41:57,477 What, are you trying to tell me he just happens to be out sick today? 772 00:42:00,918 --> 00:42:02,146 Hey, Georgie! 773 00:42:12,863 --> 00:42:13,852 Freeze! 774 00:42:13,931 --> 00:42:14,920 [groans] 775 00:42:15,533 --> 00:42:16,864 You have the right to remain silent. 776 00:42:16,934 --> 00:42:18,401 Anything you say can be used against you. 777 00:42:24,775 --> 00:42:26,504 So who's this Billy Doyle? 778 00:42:28,112 --> 00:42:29,579 You don't know him? 779 00:42:30,748 --> 00:42:33,342 Uh-uh. Well, you'll get acquainted in court. 780 00:42:33,417 --> 00:42:35,715 He's the guy who's gonna put you in for a life sentence. 781 00:42:35,786 --> 00:42:37,845 He's gonna point his finger at you... 782 00:42:37,922 --> 00:42:40,015 and you're gonna tell us how you took a commission... 783 00:42:40,090 --> 00:42:41,489 to kill Russell Bobbitt. 784 00:42:41,559 --> 00:42:42,685 He's crazy. 785 00:42:43,360 --> 00:42:44,349 [sighs] 786 00:42:44,795 --> 00:42:47,059 You're the one staring at murder two. 787 00:42:50,601 --> 00:42:52,728 It's Phillip Swann that I'm after. 788 00:42:57,141 --> 00:42:59,371 I know he authored a writ to keep you out of solitary... 789 00:42:59,443 --> 00:43:01,035 but I'm ready to throw you back in. 790 00:43:03,347 --> 00:43:04,336 [whispering] 791 00:43:10,254 --> 00:43:12,381 What deal would you offer Mr. Mazlansky? 792 00:43:12,456 --> 00:43:14,356 That depends on what he says. 793 00:43:19,363 --> 00:43:21,092 I did the work for Swann. 794 00:43:21,332 --> 00:43:22,890 I want the body, Mr. Mazlansky. 795 00:43:24,501 --> 00:43:27,231 He couldn't just leave him by the side ofthe road? 796 00:43:27,304 --> 00:43:30,432 Swann said he wanted it done a certain way. He was particular about it. 797 00:43:30,507 --> 00:43:32,998 Yeah, like he was going to check up on you? 798 00:43:33,344 --> 00:43:36,211 If something's worth doing, it's worth doing right. 799 00:43:37,615 --> 00:43:39,276 [police radio chattering] 800 00:43:46,457 --> 00:43:47,685 [knocking on door] 801 00:43:48,392 --> 00:43:50,417 We're looking for Phillip Swann. 802 00:43:51,328 --> 00:43:52,317 Sure. 803 00:43:53,063 --> 00:43:54,963 Phil, some guys to see you. 804 00:43:55,566 --> 00:43:57,193 He's hooking up the CD. 805 00:43:58,869 --> 00:43:59,858 Cops? 806 00:44:01,338 --> 00:44:03,101 (Briscoe) Phillip Swann, you're under arrest... 807 00:44:03,173 --> 00:44:04,697 for the murder of Russell Bobbitt. 808 00:44:04,775 --> 00:44:06,299 You have the right to remain silent. 809 00:44:06,377 --> 00:44:08,845 Anything you do say can and will be used against you. 810 00:44:17,421 --> 00:44:18,410 Claire? 811 00:44:21,125 --> 00:44:22,114 Ben. 812 00:44:23,761 --> 00:44:25,353 So here we are again. 813 00:44:26,363 --> 00:44:28,456 Really among colleagues. 814 00:44:29,366 --> 00:44:31,834 We located your boyhood friend. 815 00:44:35,873 --> 00:44:37,101 Poor Russell. 816 00:44:38,676 --> 00:44:41,042 So it wasn't fun in the sun, after all. 817 00:44:41,979 --> 00:44:46,507 And those affidavits are from your more recent acquaintances, Mr. Doyle... 818 00:44:47,551 --> 00:44:48,950 and Mr. Mazlansky. 819 00:44:54,625 --> 00:44:56,991 I guess you just weren't clever enough. 820 00:45:02,700 --> 00:45:04,190 I got this far, Ben. 821 00:45:07,805 --> 00:45:08,794 [sighs] 822 00:45:09,039 --> 00:45:12,099 A lot of effort to end up right back where you started. 823 00:45:13,077 --> 00:45:16,569 And in polite society, sir, you don't call people by the first name... 824 00:45:16,647 --> 00:45:18,274 unless they ask you to. 825 00:45:18,716 --> 00:45:20,081 I didn't do that. 826 00:45:20,684 --> 00:45:23,653 You're not a friend, and you're certainly not a colleague. 827 00:45:23,721 --> 00:45:27,782 I spent eight years earning the right to call you whatever the hell I want. 828 00:45:34,832 --> 00:45:35,821 So... 829 00:45:39,336 --> 00:45:41,065 who makes the first move? 830 00:45:42,072 --> 00:45:43,562 I want a confession... 831 00:45:45,576 --> 00:45:48,204 not only for the murder of Russell Bobbitt... 832 00:45:49,179 --> 00:45:51,647 but for the murder of Sid Cohen, as well. 833 00:45:56,019 --> 00:45:58,146 And give away my greatest victory? 834 00:45:59,123 --> 00:46:01,114 Take this man back to his cell. 835 00:46:03,560 --> 00:46:05,050 You give up so easy? 836 00:46:06,730 --> 00:46:10,291 It doesn't make any sense, Ben. You're being totally impractical. 837 00:46:11,869 --> 00:46:13,359 That's not like you. 838 00:46:14,438 --> 00:46:16,338 Obviously, you don't know me. 839 00:46:18,142 --> 00:46:19,404 You never did.