1 00:00:02,002 --> 00:00:04,526 In the criminal justice system 2 00:00:04,613 --> 00:00:06,832 the people are represented by two separate yet equally important groups, 3 00:00:06,919 --> 00:00:08,791 the police who investigate crime 4 00:00:08,878 --> 00:00:11,620 and the district attorneys who prosecute the offenders. 5 00:00:11,707 --> 00:00:13,404 These are their stories. 6 00:00:16,755 --> 00:00:17,800 Gil. 7 00:00:20,455 --> 00:00:21,543 Gil. 8 00:00:22,805 --> 00:00:25,982 Gil, we'll be home in half an hour. 9 00:00:26,069 --> 00:00:29,464 Come on, Cin. They did it in Fatal Attraction. 10 00:00:30,900 --> 00:00:32,641 Sure, with stunt doubles. 11 00:00:32,728 --> 00:00:34,773 It's now or never. 12 00:00:34,860 --> 00:00:36,732 In a couple of years, we'll need notes from our chiropractor. 13 00:00:36,819 --> 00:00:40,344 We'll need new jobs if we get caught. 14 00:00:42,346 --> 00:00:43,565 It would have been great. 15 00:00:43,652 --> 00:00:45,132 It'll be great 16 00:00:45,219 --> 00:00:47,699 in half an hour with the front door locked. 17 00:01:03,063 --> 00:01:04,977 Are you crazy? You stay here. 18 00:01:06,936 --> 00:01:08,372 Call 911. 19 00:01:27,261 --> 00:01:29,306 The cleaning crew doesn't show up till after 9:00. 20 00:01:29,393 --> 00:01:32,614 I was pretty sure we were the only ones left in the building. 21 00:01:32,701 --> 00:01:34,703 The people in this office, you know them? 22 00:01:34,790 --> 00:01:36,618 Just to say hi. 23 00:01:36,705 --> 00:01:40,448 Like we told the other detective, they ran a computer magazine. 24 00:01:40,535 --> 00:01:42,450 They seemed like a fun bunch. 25 00:01:42,537 --> 00:01:44,800 They always had music playing. 26 00:01:44,887 --> 00:01:46,280 Thank you. 27 00:01:48,064 --> 00:01:51,676 Body count's three. We found four shells. Nine millimeter. 28 00:01:51,763 --> 00:01:55,115 As far as we can tell, all the vics worked here. 29 00:01:55,202 --> 00:01:58,857 Sally Kestler, 26. She used to have black hair. 30 00:01:58,944 --> 00:02:01,164 Nose ring's new, too. 31 00:02:01,251 --> 00:02:03,035 Along with the bullet hole. 32 00:02:05,081 --> 00:02:06,430 What's his story? 33 00:02:06,517 --> 00:02:08,476 First unit on the scene 34 00:02:08,563 --> 00:02:10,217 found him hiding in the john over there, pale as a ghost. 35 00:02:10,304 --> 00:02:13,916 I'll bet. Be sure to check his hands for powder residue. 36 00:02:14,003 --> 00:02:17,006 Detective Curtis already put in a request. 37 00:02:17,093 --> 00:02:21,706 Jesse Rand, 24. Powder burns on his shirt, bruises on his hands. 38 00:02:21,793 --> 00:02:25,014 Probably from beating on the guy who shot him. 39 00:02:25,101 --> 00:02:27,582 Make sure Mr. Rand gets under the microscope. 40 00:02:27,669 --> 00:02:31,586 I already got that one from Detective Curtis. He's in there. 41 00:02:35,590 --> 00:02:37,244 Hey, I paged you three times. 42 00:02:37,331 --> 00:02:39,594 I was stuck in the Midtown Tunnel. 43 00:02:39,681 --> 00:02:41,900 Anyway, it sounds like you had it covered. 44 00:02:41,987 --> 00:02:46,209 Meet Edward Nicodos, the Editor-In-Chief. Two shots, in and out. 45 00:02:46,296 --> 00:02:49,821 Those accountants said they heard two quick shots and then two singles. 46 00:02:49,908 --> 00:02:54,043 Right. That makes him first. Who says it's good to be the king? 47 00:02:54,130 --> 00:02:59,396 "BYTEhead Magazine. Feeding the head of Generation X." 48 00:02:59,483 --> 00:03:02,094 Better make that Generation X'd out. 49 00:03:51,231 --> 00:03:53,842 I can't believe this crap. 50 00:03:53,929 --> 00:03:55,887 They were looking for gun powder on my hands. 51 00:03:55,974 --> 00:03:57,324 Take it easy. 52 00:03:57,411 --> 00:03:58,629 They were just following procedure. 53 00:04:04,679 --> 00:04:08,204 You know, if I wasn't hugging porcelain 54 00:04:08,291 --> 00:04:09,249 when the shooting started, 55 00:04:09,336 --> 00:04:10,989 I'd be dead right now. 56 00:04:12,730 --> 00:04:15,298 Two weeks on the job and I'm dead. 57 00:04:15,385 --> 00:04:17,866 Was there anyone in the office besides the four of you? 58 00:04:17,953 --> 00:04:23,088 No, we just put issue 14 to bed, 59 00:04:23,175 --> 00:04:26,744 and Eddie popped the cork and ordered takeout. 60 00:04:28,137 --> 00:04:32,446 Well, between the champagne and the General Tso's Chicken, 61 00:04:32,533 --> 00:04:34,622 my stomach started doing wheelies. 62 00:04:34,709 --> 00:04:36,754 What about office romances? 63 00:04:36,841 --> 00:04:39,888 Maybe somebody's significant other got jealous? 64 00:04:39,975 --> 00:04:41,759 I just did phones and errands. 65 00:04:41,846 --> 00:04:44,284 I mean, the grapevine didn't exactly grow my way. 66 00:04:44,371 --> 00:04:45,981 Then who on your staff would know? 67 00:04:46,068 --> 00:04:48,244 You're looking at what's left of the staff. 68 00:04:48,331 --> 00:04:51,813 There was Eddie, and Sally, the Senior Editor, 69 00:04:51,900 --> 00:04:54,250 and Jesse, the Associate Publisher, and me. 70 00:04:54,337 --> 00:04:56,731 You're saying four people ran this whole thing? 71 00:04:56,818 --> 00:04:59,168 Eddie ran a virtual office. 72 00:04:59,255 --> 00:05:03,694 There was a part-time editor in Saratoga, and a graphics guy in Baltimore. 73 00:05:03,781 --> 00:05:07,350 Everything got done with faxes and modems. 74 00:05:07,437 --> 00:05:09,874 Beats coming into work every day. 75 00:05:09,961 --> 00:05:12,355 Sally Kestler's roommate says she wasn't seeing anybody. 76 00:05:12,442 --> 00:05:16,011 And judging by his dance card, Eddie Nicodos was seeing everybody. 77 00:05:16,098 --> 00:05:19,014 And Jesse Rand's boyfriend was playing bass at a club last night. 78 00:05:19,101 --> 00:05:21,712 Jesse Rand? He's the one with the powder burns? 79 00:05:21,799 --> 00:05:24,367 Yeah, shot almost point blank near a fire exit. 80 00:05:24,454 --> 00:05:28,023 Forensics pulled some dark blue wool fibers from under his nails. 81 00:05:28,110 --> 00:05:30,112 He probably got his mitts on the guy. 82 00:05:30,199 --> 00:05:32,070 CSU check the fire door? 83 00:05:32,157 --> 00:05:34,856 Yeah, they found some powder residue on the handle 84 00:05:34,943 --> 00:05:36,727 and a couple of dozen prints, 85 00:05:36,814 --> 00:05:38,512 mostly smudged, mostly from the vics, 86 00:05:38,599 --> 00:05:40,252 and one from the kid in the john. 87 00:05:40,340 --> 00:05:41,645 Popular door. 88 00:05:41,732 --> 00:05:43,517 Yeah, it leads to the side street, 89 00:05:43,604 --> 00:05:45,519 but it's not wired up to an alarm. 90 00:05:45,606 --> 00:05:48,304 Well, somebody who's been there before would know that. 91 00:05:48,391 --> 00:05:49,697 Start with former employees. 92 00:05:49,784 --> 00:05:51,742 We checked the offices, 93 00:05:51,829 --> 00:05:53,440 but the place was big on gadgets, not personnel records. 94 00:05:53,527 --> 00:05:55,050 What about the next of kin? 95 00:05:55,137 --> 00:05:56,834 They've been notified. 96 00:05:56,921 --> 00:05:59,054 They own Nicodos Food Distribution. It's a big operation. 97 00:05:59,141 --> 00:06:01,622 Yeah, I've been stuck behind a few of their trucks. 98 00:06:01,709 --> 00:06:03,754 You talk to Elaine Nicodos? 99 00:06:07,628 --> 00:06:09,934 She's listed as Executive Editor. 100 00:06:10,935 --> 00:06:15,375 I don't understand. Edward was my baby. 101 00:06:15,462 --> 00:06:16,550 Why would somebody do this? 102 00:06:16,637 --> 00:06:18,290 Come on, Mom, sit down. 103 00:06:20,336 --> 00:06:23,948 Elizabeth, be a dear and take the children upstairs. 104 00:06:24,035 --> 00:06:26,298 Come on, let's go. Let's go upstairs. 105 00:06:29,998 --> 00:06:32,740 Terribly sorry for your loss, Mrs. Nicodos. 106 00:06:32,827 --> 00:06:35,525 I buried my husband a year ago. 107 00:06:35,612 --> 00:06:41,183 I thought after his memorial yesterday, we could move on with our lives. 108 00:06:41,270 --> 00:06:43,925 If I didn't have Peter and his family living here with me, 109 00:06:44,012 --> 00:06:46,318 I don't know what I'd do. 110 00:06:46,406 --> 00:06:50,322 We'll help you any way we can. Just tell us what you need. 111 00:06:51,889 --> 00:06:54,414 Well, to start with, can you think of anybody 112 00:06:54,501 --> 00:06:59,244 who might have had a grudge against your brother or the magazine? 113 00:06:59,331 --> 00:07:01,421 No. Nothing comes to mind. 114 00:07:01,508 --> 00:07:04,772 Eddie had a lot of friends. Everybody liked him. 115 00:07:04,859 --> 00:07:08,253 Well, somebody he fired might have a different opinion. 116 00:07:08,340 --> 00:07:11,605 Were you aware of any problems with a former employee? 117 00:07:11,692 --> 00:07:13,737 If there were, I really wouldn't know. 118 00:07:13,824 --> 00:07:16,523 But you are the Executive Editor of the magazine, right? 119 00:07:16,610 --> 00:07:18,873 It's just a title. 120 00:07:18,960 --> 00:07:22,572 Just Eddie's way of saying thank you for giving him the start-up money. 121 00:07:22,659 --> 00:07:24,792 So you didn't keep up with the day-to-day over there? 122 00:07:24,879 --> 00:07:26,663 Our business is food distribution. 123 00:07:26,750 --> 00:07:29,361 The magazine was strictly Eddie's venture. 124 00:07:29,449 --> 00:07:33,322 We'd like to see his personnel file. There was nothing in the office. 125 00:07:33,409 --> 00:07:37,152 He retained a business manager. I'll have the records released to you. 126 00:07:37,239 --> 00:07:41,678 Eddie was full of ideas. He had so much promise. 127 00:07:43,680 --> 00:07:46,727 How could someone take him away? 128 00:07:51,035 --> 00:07:54,691 All three of them? That's incredible. 129 00:07:55,562 --> 00:07:57,172 I'm totally floored. 130 00:07:57,259 --> 00:07:59,696 I just spoke to Sally a few weeks ago. 131 00:07:59,783 --> 00:08:04,440 Really? We didn't think you were still on speaking terms with the people there. 132 00:08:04,527 --> 00:08:06,224 Why, because I was fired? 133 00:08:06,311 --> 00:08:09,097 Well, that's one reason. Another one is this letter. 134 00:08:09,184 --> 00:08:11,447 "You're a son of a bitch, John's a son of a bitch, 135 00:08:11,534 --> 00:08:14,058 "and you can both go to hell, the sooner the better." 136 00:08:14,145 --> 00:08:16,626 We found this in your personnel file, Ms. Russell. 137 00:08:16,713 --> 00:08:20,717 So? I worked five months straight giving that rag its look, 138 00:08:20,804 --> 00:08:24,025 and then I got dinged 'cause I wouldn't let some lech play grab-ass with me. 139 00:08:24,112 --> 00:08:25,374 I'm supposed to be happy? 140 00:08:25,461 --> 00:08:26,593 The lech, that would be John? 141 00:08:26,680 --> 00:08:28,377 John Wheeler. 142 00:08:29,204 --> 00:08:31,075 I'd be in his office working, 143 00:08:31,162 --> 00:08:33,817 and all of a sudden he says he has to take a leak. 144 00:08:33,904 --> 00:08:36,646 He unzips right there and pees into a cup. 145 00:08:36,733 --> 00:08:37,995 Guy was a pig. 146 00:08:38,082 --> 00:08:39,257 So you complained. 147 00:08:39,344 --> 00:08:41,042 Eddie thought it was funny. 148 00:08:41,129 --> 00:08:43,827 I spelled it out for him. It was me or John. 149 00:08:43,914 --> 00:08:45,742 So after you got pink-slipped, 150 00:08:45,829 --> 00:08:48,223 why didn't you let a lawyer write your hate mail for you? 151 00:08:48,310 --> 00:08:50,747 I did. She said I had a great case, 152 00:08:50,834 --> 00:08:52,880 until she realized the magazine had no assets. 153 00:08:52,967 --> 00:08:54,751 Well, Eddie got his consciousness raised. 154 00:08:54,838 --> 00:08:57,537 John Wheeler was fired two weeks ago. 155 00:08:57,624 --> 00:08:59,887 Oh, God. 156 00:08:59,974 --> 00:09:02,063 When Sally called me, she sounded worried. 157 00:09:02,150 --> 00:09:04,065 John had started in on her. 158 00:09:04,152 --> 00:09:07,416 He even followed her home one night. 159 00:09:07,503 --> 00:09:10,593 Leave me a number. I gotta finish this piece on molecular computers. 160 00:09:10,680 --> 00:09:12,682 I got two magazines bidding for it. 161 00:09:12,769 --> 00:09:15,642 Hey, that badge we showed you means we got dibs on your time. 162 00:09:15,729 --> 00:09:19,080 Now, let's hear about your problem with Sally Kestler. 163 00:09:19,167 --> 00:09:20,690 Come on. You look at some chicks the wrong way, 164 00:09:20,777 --> 00:09:22,257 you become a serial rapist. 165 00:09:22,344 --> 00:09:25,390 You follow them home, maybe you are. 166 00:09:25,477 --> 00:09:29,394 Big misunderstanding, that's all. Sally never had a sense of humor. 167 00:09:29,481 --> 00:09:31,788 Did you lose yours after she got you fired? 168 00:09:31,875 --> 00:09:33,747 That had nothing to do with it. 169 00:09:33,834 --> 00:09:36,140 Eddie was just jealous of my talent. 170 00:09:36,227 --> 00:09:38,490 Couldn't deal with the fact that I was the real juice behind the magazine. 171 00:09:38,578 --> 00:09:41,406 Right. You're so brilliant, you're hustling the freelance market. 172 00:09:41,493 --> 00:09:43,278 Temporary setback. 173 00:09:43,365 --> 00:09:45,541 Look, man, I wrote this killer review 174 00:09:45,628 --> 00:09:49,763 on this mega carnage piece of crap CD-ROM Thrasher. 175 00:09:49,850 --> 00:09:53,418 Burned the game, the programmer, got a lot of buzz from it. 176 00:09:53,505 --> 00:09:57,466 Eddie felt threatened. Only room for one resident genius. 177 00:09:57,553 --> 00:10:01,296 What the hell. Mozart couldn't hack the nine-to-five either. 178 00:10:01,383 --> 00:10:04,647 Just what masterpiece were you creating, 179 00:10:04,734 --> 00:10:06,867 say two nights ago, around 8:30? 180 00:10:06,954 --> 00:10:09,130 I was at Annie's Diner on Lex. 181 00:10:10,392 --> 00:10:12,873 Johnny has some fast hands for a white boy, 182 00:10:12,960 --> 00:10:15,310 but he was never getting a piece of this. 183 00:10:15,397 --> 00:10:17,965 Now, you, you might have a chance. 184 00:10:18,052 --> 00:10:20,707 Not without a note from my wife. 185 00:10:20,794 --> 00:10:22,317 What time did Johnny take off? 186 00:10:22,404 --> 00:10:24,319 Just before 9:00. 187 00:10:24,406 --> 00:10:26,060 He said he had a date with some girl on his computer. 188 00:10:26,147 --> 00:10:27,844 So I asked him, what is the thrill in that? 189 00:10:27,931 --> 00:10:31,456 I'm sure he types fast with one hand. Thanks. 190 00:10:33,807 --> 00:10:36,418 So Wheeler's story checked out. 191 00:10:36,505 --> 00:10:38,202 He's quite the wordsmith. 192 00:10:38,289 --> 00:10:40,291 I read his review. Most of it's up your alley, 193 00:10:40,378 --> 00:10:42,816 but the thumbs down part comes through loud and clear. 194 00:10:42,903 --> 00:10:46,428 Well, a little controversy gets people talking. Eddie couldn't have minded. 195 00:10:46,515 --> 00:10:48,691 Well, he may have had second thoughts. 196 00:10:48,778 --> 00:10:52,564 Their latest issue, there's a retraction printed on the last page. 197 00:10:52,652 --> 00:10:55,350 So the guys who invented the game must've weighed in. 198 00:10:55,437 --> 00:10:58,222 Well, only five lines. Not much of an apology. 199 00:10:58,309 --> 00:11:01,530 My girlfriend insists on flowers and a box of Godiva. 200 00:11:01,617 --> 00:11:05,447 Well, maybe somebody came back for the chocolates. 201 00:11:05,534 --> 00:11:08,711 Thrasheris an action-thriller music-video-adventure experience. 202 00:11:08,798 --> 00:11:11,105 I get that riding the subway. 203 00:11:11,192 --> 00:11:13,977 So BYTEheadmagazine didn't like your game. That calls for an apology? 204 00:11:14,064 --> 00:11:15,892 They weren't supposed to review it. 205 00:11:15,979 --> 00:11:18,373 I let Eddie Nicodos see a prototype. 206 00:11:18,460 --> 00:11:21,115 Bastard said he wouldn't write about it until I worked out the bugs. 207 00:11:21,202 --> 00:11:24,422 So what happened? Eddie didn't say I'm sorry loud enough? 208 00:11:24,509 --> 00:11:27,774 I worked three years on this project. I lost my backers. 209 00:11:27,861 --> 00:11:30,211 I've been on the phone every day, trying to raise new capital. 210 00:11:30,298 --> 00:11:33,257 Yeah, all those busy signals can get pretty frustrating. 211 00:11:33,344 --> 00:11:35,607 You want to tell us where you were the night Eddie got shot? 212 00:11:35,695 --> 00:11:38,915 Right here. Look, Eddie might have been a back-stabbing jerk, 213 00:11:39,002 --> 00:11:40,830 but I wouldn't kill him. 214 00:11:40,917 --> 00:11:43,441 At least not until my lawyer was through with him. 215 00:11:47,402 --> 00:11:50,187 Liability here is eight figures. 216 00:11:50,274 --> 00:11:53,538 That review damaged my client's business reputation. 217 00:11:53,625 --> 00:11:56,498 It interfered with his contractual relationships. 218 00:11:56,585 --> 00:11:58,935 So a lawsuit gets your name in the paper. 219 00:11:59,022 --> 00:12:01,808 All you'll be able to do with a judgment against the magazine is frame it. 220 00:12:01,895 --> 00:12:04,071 We didn't just sue Eddie Nicodos. 221 00:12:04,158 --> 00:12:05,812 You found deeper pockets? 222 00:12:05,899 --> 00:12:08,249 His family's business Nicodos Food Distribution Inc. 223 00:12:08,336 --> 00:12:10,294 has also been named in the suit. 224 00:12:10,381 --> 00:12:13,428 Our position is they're the true owners of the magazine. 225 00:12:13,515 --> 00:12:15,735 We sure nailed his brother on it at the deposition. 226 00:12:15,822 --> 00:12:19,173 Brother Peter, who never kept up with the day-to-day at the magazine? 227 00:12:19,260 --> 00:12:21,131 We definitely had his attention. 228 00:12:21,218 --> 00:12:23,612 Do you have a transcript of the deposition? 229 00:12:23,699 --> 00:12:25,614 Better. I have a videotape. 230 00:12:25,701 --> 00:12:27,921 I don't see how my mother giving money to Eddie 231 00:12:28,008 --> 00:12:29,661 has anything to do with this. 232 00:12:29,749 --> 00:12:32,273 That's what we're here to find out. 233 00:12:32,360 --> 00:12:34,754 Has your brother's magazine received any other funds from Nicodos Foods? 234 00:12:34,841 --> 00:12:37,408 Wait, wait, wait, wait a minute. What do you mean, "Any other funds?" 235 00:12:37,495 --> 00:12:40,585 The start-up money came from my mother's personal account, not the business. 236 00:12:40,672 --> 00:12:42,936 Remind me to borrow this next time I can't sleep. 237 00:12:43,023 --> 00:12:45,199 This is all very interesting, but I've got things to do. 238 00:12:45,286 --> 00:12:46,940 Ed... No, I'm here, so you're here, too. 239 00:12:47,027 --> 00:12:48,550 It's your problem, Pete. 240 00:12:48,637 --> 00:12:50,117 You want to sue me, go right ahead. 241 00:12:50,204 --> 00:12:52,380 The magazine's judgment-proof. 242 00:12:52,467 --> 00:12:55,035 You think you can collect from my brother, be my guest. 243 00:12:55,122 --> 00:12:57,167 You irresponsible, spoiled brat. I'm sitting here, taking this... Sit down! 244 00:12:57,254 --> 00:12:59,430 Go to hell! God... 245 00:13:00,431 --> 00:13:02,042 Nice family. 246 00:13:02,129 --> 00:13:04,435 Who said we're not the city of brotherly love? 247 00:13:07,438 --> 00:13:09,484 The lawsuit is just a lot of smoke. 248 00:13:09,571 --> 00:13:12,313 Our business has nothing to do with Eddie's magazine. 249 00:13:12,400 --> 00:13:14,532 My attorney assures me we're in the clear. 250 00:13:14,619 --> 00:13:17,971 So when you didn't tell us about it, that was just an oversight? 251 00:13:19,059 --> 00:13:20,582 I didn't think it was relevant. 252 00:13:20,669 --> 00:13:22,497 A $12 million lawsuit? 253 00:13:22,584 --> 00:13:24,238 Hey, we understand if you didn't want us to know 254 00:13:24,325 --> 00:13:26,806 how upset you were at your brother. 255 00:13:26,893 --> 00:13:28,851 We saw the deposition tape. 256 00:13:30,592 --> 00:13:32,072 So I overreacted. 257 00:13:32,159 --> 00:13:34,726 Eddie put us in a vulnerable position. 258 00:13:35,815 --> 00:13:37,817 My grandfather built this firm. 259 00:13:37,904 --> 00:13:40,341 I take seriously my duty to protect the family's interests. 260 00:13:40,428 --> 00:13:44,040 I'm not gonna sit back and let some little shyster bleed us over a computer game. 261 00:13:44,127 --> 00:13:46,695 No, you're going to yell at your brother. Makes perfect sense. 262 00:13:46,782 --> 00:13:51,004 We weren't twins, Detective. We handled things differently. 263 00:13:51,091 --> 00:13:53,963 My brother was imaginative. 264 00:13:54,050 --> 00:13:56,139 Well, we have imaginations, too, 265 00:13:56,226 --> 00:13:59,229 so if you could tell us your whereabouts the night he was killed? 266 00:14:01,623 --> 00:14:05,192 I was here. I spent the entire day with my mother, 267 00:14:05,279 --> 00:14:09,022 the memorial service, dinner at Periyali. 268 00:14:09,109 --> 00:14:11,198 Payroll checks don't sign themselves. 269 00:14:11,285 --> 00:14:12,895 What time did you leave? 270 00:14:12,982 --> 00:14:16,812 Around 9:30, so I could kiss my children good night. 271 00:14:16,899 --> 00:14:20,685 Now, if you'll excuse me, I have people waiting for me. 272 00:14:20,772 --> 00:14:25,212 I still can't get over it. I knew Eddie since he was in short pants. 273 00:14:25,299 --> 00:14:27,431 That kid could never sit still. 274 00:14:27,518 --> 00:14:29,738 The things his folks would let him get away with. 275 00:14:29,825 --> 00:14:33,263 What about lately? You see him around here with Peter? 276 00:14:33,350 --> 00:14:37,137 No. Last time he was around here was five years ago. 277 00:14:38,094 --> 00:14:40,227 He was out of college. 278 00:14:40,314 --> 00:14:43,317 The old man talked him into taking a job in the sales department. 279 00:14:43,404 --> 00:14:45,188 Not his cup of tea, huh? 280 00:14:45,275 --> 00:14:46,886 He lasted two months. 281 00:14:46,973 --> 00:14:49,366 Pete was his boss. 282 00:14:49,453 --> 00:14:53,022 They had a blowout on the loading dock and Eddie found something else to do. 283 00:14:53,109 --> 00:14:57,418 According to your log book, you were on duty the night he got killed. 284 00:14:57,505 --> 00:15:00,377 That's right. I had a man out sick. 285 00:15:00,464 --> 00:15:02,597 Did you see Peter come in? 286 00:15:02,684 --> 00:15:06,166 About 8:00. He went right up to his office. 287 00:15:06,253 --> 00:15:08,908 He's not a talkative man. He's always got something on his mind. 288 00:15:08,995 --> 00:15:10,126 What time did he leave? 289 00:15:10,213 --> 00:15:11,736 That I couldn't tell you. 290 00:15:11,823 --> 00:15:13,390 Sometimes he goes out through the warehouse. 291 00:15:13,477 --> 00:15:15,523 Why do you want to know? 292 00:15:15,610 --> 00:15:17,960 Well, we got a lot of blank spaces to fill in on our reports. 293 00:15:18,047 --> 00:15:21,398 Do you happen to know if he keeps a gun in his office? 294 00:15:23,661 --> 00:15:25,272 No, he doesn't. 295 00:15:25,359 --> 00:15:27,143 Had to think that one over? 296 00:15:27,230 --> 00:15:31,234 Mr. Brice, if you want to reconsider your answer... 297 00:15:33,715 --> 00:15:38,067 Mr. Nicodos' secretary keeps a licensed handgun locked in her desk, 298 00:15:38,154 --> 00:15:40,287 for nights when she works late. 299 00:15:40,374 --> 00:15:42,680 She worries about carjackers. 300 00:15:42,767 --> 00:15:43,899 And? 301 00:15:46,162 --> 00:15:50,906 And this morning, she called me to report it missing. 302 00:15:50,993 --> 00:15:54,388 Did Mr. Nicodos know she had a gun? 303 00:15:54,475 --> 00:15:57,739 He signed the affidavit for the premise permit. 304 00:15:57,826 --> 00:16:00,872 Last time she saw it was the day before the shootings. 305 00:16:00,960 --> 00:16:03,875 And as far as she knows, Nicodos does have a key to her desk. 306 00:16:03,963 --> 00:16:06,530 According to her permit, it's a Ladysmith nine millimeter. 307 00:16:06,617 --> 00:16:08,663 I checked the rifling. It's a six with a right twist, 308 00:16:08,750 --> 00:16:10,665 same as the slugs we recovered from vics. 309 00:16:10,752 --> 00:16:13,233 Making Peter a prime candidate for a sit-down. 310 00:16:13,320 --> 00:16:16,932 No point putting him in the hot seat if we can't keep him there. 311 00:16:17,019 --> 00:16:20,370 Nicodos went straight from the memorial to the office. 312 00:16:20,457 --> 00:16:22,503 With one stop in between for dinner. 313 00:16:22,590 --> 00:16:25,810 Forensics found dark blue wool fibers on one of the victims. 314 00:16:25,897 --> 00:16:30,380 I'm no Donna Karan, but I know the right fashion for solemn occasions. 315 00:16:32,295 --> 00:16:35,429 I really don't remember what Peter was wearing. 316 00:16:35,516 --> 00:16:37,170 I'm sure it was something appropriate. 317 00:16:37,257 --> 00:16:39,346 Where are those people going? 318 00:16:39,433 --> 00:16:41,652 The warrant allows us to search the whole house, Mrs. Nicodos, 319 00:16:41,739 --> 00:16:43,480 starting with your son's room. 320 00:16:43,567 --> 00:16:46,353 What do you expect to find? It doesn't make any sense. 321 00:16:46,440 --> 00:16:51,401 That day at the memorial service, did anything happen between your sons? 322 00:16:51,488 --> 00:16:54,274 Eddie couldn't be there. I told him it was all right. 323 00:16:54,361 --> 00:16:56,841 He had a deadline at the magazine. 324 00:16:56,928 --> 00:17:00,149 But you haven't answered my question, Detective. 325 00:17:00,236 --> 00:17:02,412 What do you expect to find? 326 00:17:02,499 --> 00:17:05,372 Why don't we just wait and see what happens, okay? 327 00:17:07,374 --> 00:17:09,637 That day is like a blur, Detective. 328 00:17:09,724 --> 00:17:13,032 Peter was on the phone with his office, the church and the restaurant. 329 00:17:13,119 --> 00:17:14,772 My youngest had the flu. 330 00:17:14,859 --> 00:17:16,774 Did your husband say anything to you about his brother? 331 00:17:16,861 --> 00:17:20,343 He was disappointed that Eddie was missing the service, 332 00:17:20,430 --> 00:17:22,302 but we really didn't have a chance to talk. 333 00:17:22,389 --> 00:17:24,086 Just as we were about to sit down to dinner, 334 00:17:24,173 --> 00:17:25,609 he was called away to a meeting with his lawyer. 335 00:17:25,696 --> 00:17:27,611 Did he mention what it was about? 336 00:17:27,698 --> 00:17:29,874 It was that lawsuit with the magazine. 337 00:17:29,961 --> 00:17:33,182 Detective, we got grays, taupes and pinstripes, 338 00:17:33,269 --> 00:17:35,228 but nothing in a dark blue. 339 00:17:35,315 --> 00:17:38,927 There's nothing in the other closets, either. And no gun. 340 00:17:39,014 --> 00:17:42,409 Even money there's a blue suit fertilizing the dump at Fishkill. 341 00:17:42,496 --> 00:17:44,628 Yeah, with a nine millimeter in the pocket. 342 00:17:44,715 --> 00:17:47,327 Now, the mother said Eddie skipped the old man's service. 343 00:17:47,414 --> 00:17:50,243 Maybe Peter took it personally. Could've sent him over the edge. 344 00:17:50,330 --> 00:17:52,636 Or maybe talking to his lawyer did. 345 00:17:52,723 --> 00:17:54,856 His wife said he ran off to a meeting about the lawsuit after the memorial. 346 00:17:54,943 --> 00:17:57,902 Yeah, the nothing lawsuit that just couldn't wait. 347 00:17:57,989 --> 00:18:00,775 I doubt if his lawyer will tell us what was so pressing. 348 00:18:00,862 --> 00:18:03,995 Maybe the other guy's lawyer will. 349 00:18:04,083 --> 00:18:05,823 How do I know why he went to see his lawyer? 350 00:18:05,910 --> 00:18:08,217 I'm sure I'm not the only thorn in his side. 351 00:18:08,304 --> 00:18:10,480 You were that day. 352 00:18:10,567 --> 00:18:12,569 You know, Lennie, we'd be remiss if we didn't call his clients. 353 00:18:12,656 --> 00:18:14,702 They might want to find another lawyer 354 00:18:14,789 --> 00:18:16,573 while Mr. Kaiser here is under investigation for obstruction. 355 00:18:16,660 --> 00:18:19,054 Now, wait a minute. I'd love to cooperate, 356 00:18:19,141 --> 00:18:21,665 but you know I can't divulge information from my client's file. 357 00:18:21,752 --> 00:18:23,928 We're not asking about privileged conversations. 358 00:18:24,015 --> 00:18:27,454 We just want to know what bug you dropped in Peter Nicodos' shorts. 359 00:18:29,717 --> 00:18:33,329 I found a shell corporation. 360 00:18:33,416 --> 00:18:37,942 Gaston Inc. It was getting $10,000 a month from Nicodos Foods. 361 00:18:38,029 --> 00:18:40,858 I believe that's how they diverted money to the magazine. 362 00:18:40,945 --> 00:18:44,427 I served a set of interrogatories on Nicodos' attorney that morning. 363 00:18:48,953 --> 00:18:52,392 Here we go. Penthouse E. 364 00:18:52,479 --> 00:18:56,352 You'd think with 10 grand a month, Gaston Inc. could afford a sign on the door. 365 00:18:56,439 --> 00:18:58,311 Not if the building is zoned residential. 366 00:18:58,398 --> 00:19:00,269 Who is it? 367 00:19:00,356 --> 00:19:02,489 It's the police. Could you open up the door, please? 368 00:19:05,405 --> 00:19:06,841 Gaston Inc.? 369 00:19:06,928 --> 00:19:09,583 Yes, I'm Celia Gaston. What do you want? 370 00:19:09,670 --> 00:19:12,063 Well, we'd be more comfortable inside. 371 00:19:15,937 --> 00:19:18,331 Excuse the mess. I just got back from a business trip. 372 00:19:18,418 --> 00:19:21,029 What business is that, Ms Gaston? 373 00:19:21,116 --> 00:19:24,075 I'm an interior decorator. I have clients all over. 374 00:19:24,163 --> 00:19:25,903 Including Nicodos Foods? 375 00:19:26,774 --> 00:19:29,385 I've done some consulting for them. 376 00:19:29,472 --> 00:19:33,781 Ten thousand a month? What'd you do, redecorate their warehouse? 377 00:19:34,999 --> 00:19:38,351 Peter Nicodos is a personal friend of yours, am I right? 378 00:19:38,438 --> 00:19:40,527 A very generous personal friend? 379 00:19:40,614 --> 00:19:42,572 I don't see how that's any of your business. 380 00:19:42,659 --> 00:19:44,008 Believe me, it is. 381 00:19:45,488 --> 00:19:47,360 What's going on? Is Peter in trouble? 382 00:19:47,447 --> 00:19:50,450 If you don't mind, we'll ask the questions, Ms. Gaston. 383 00:19:50,537 --> 00:19:52,408 When was the last time you saw Peter? 384 00:19:54,410 --> 00:19:56,630 Three nights ago. 385 00:19:56,717 --> 00:20:00,373 He came by after his dad's service. Said he couldn't see me anymore. 386 00:20:00,460 --> 00:20:02,723 Did he give you a reason why? 387 00:20:02,810 --> 00:20:04,290 It was personal. 388 00:20:04,377 --> 00:20:05,769 Now I think you should leave. 389 00:20:07,641 --> 00:20:11,253 Ms. Gaston, his brother Eddie was shot that night. 390 00:20:11,340 --> 00:20:13,516 We think he might have been involved. 391 00:20:15,475 --> 00:20:16,954 Oh, my God. 392 00:20:18,304 --> 00:20:20,219 I had no idea. 393 00:20:21,176 --> 00:20:25,789 One more time, Ms. Gaston. Did he tell you anything? 394 00:20:29,402 --> 00:20:33,275 If you don't cooperate, we can have you arrested and held as a material witness. 395 00:20:33,362 --> 00:20:34,755 We'd rather not do that, but... 396 00:20:34,842 --> 00:20:36,931 It's because of that lawyer. 397 00:20:37,018 --> 00:20:39,412 The one suing them. 398 00:20:39,499 --> 00:20:43,372 Eddie told him who I was, and the lawyer called Peter that day. 399 00:20:43,459 --> 00:20:45,592 He said he had to settle the case 400 00:20:45,679 --> 00:20:48,247 or he'd tell his family about us. 401 00:20:48,334 --> 00:20:49,596 He was being blackmailed. 402 00:20:49,683 --> 00:20:51,685 Nice move, Eddie. 403 00:20:51,772 --> 00:20:55,036 When Peter left here, did he tell you where he was going? 404 00:20:55,123 --> 00:20:59,432 No. He was just ranting about Eddie. He was furious. 405 00:20:59,519 --> 00:21:01,085 How furious was that? 406 00:21:03,044 --> 00:21:06,743 I've seen him mad at Eddie before, but nothing like that night. 407 00:21:06,830 --> 00:21:09,659 Does Peter keep a change of clothes here? 408 00:21:13,663 --> 00:21:15,883 I felt so sorry for him. 409 00:21:16,710 --> 00:21:19,452 Peter had so many obligations. 410 00:21:19,539 --> 00:21:22,977 That job he hates, his family. 411 00:21:23,064 --> 00:21:26,807 He said when he was with me, he could just be himself. 412 00:21:28,069 --> 00:21:30,376 Looks dark blue to me. 413 00:21:30,463 --> 00:21:34,031 Okay, bad news first. The suit's a wool-cotton blend. 414 00:21:34,118 --> 00:21:36,469 Fibers from the victim are tropical wool. 415 00:21:36,556 --> 00:21:37,731 And the good? 416 00:21:37,818 --> 00:21:39,733 The suit had cat hairs on the pants. 417 00:21:39,820 --> 00:21:42,301 Right, the girl has a cat. So that's good. 418 00:21:42,388 --> 00:21:44,564 Well, the cat gets around. 419 00:21:44,651 --> 00:21:46,914 I pulled similar cat hairs off the same victim who had the fibers. 420 00:21:47,001 --> 00:21:49,656 Nicodos might have picked up some hairs from his girlfriend's place. 421 00:21:49,743 --> 00:21:51,440 They end up on the guy he struggled with. 422 00:21:51,527 --> 00:21:53,573 You sure the hairs are the same? 423 00:21:53,660 --> 00:21:55,662 I said similar. I'll have to run tests for a positive match. 424 00:21:55,749 --> 00:21:57,881 Give me a few weeks, and I'll sign my name to it. 425 00:21:57,968 --> 00:22:01,189 Similar's good enough for me. I hope it's good enough for a judge. 426 00:22:05,411 --> 00:22:07,500 Mr. Nicodos. 427 00:22:07,587 --> 00:22:09,197 Excuse me. 428 00:22:09,284 --> 00:22:11,112 Can't this wait? We're going to be late for the Met. 429 00:22:11,199 --> 00:22:13,462 Don't worry, it'll still be there 25 years from now. 430 00:22:13,549 --> 00:22:16,335 Peter Nicodos, you're under arrest for the murder of Edward Nicodos. 431 00:22:16,422 --> 00:22:18,946 You have the right to remain silent. Anything you do say 432 00:22:19,033 --> 00:22:21,949 can and will be used against you in a court of law. 433 00:22:24,647 --> 00:22:28,172 "Case number 830695, People v. Peter Nicodos Jr. 434 00:22:28,259 --> 00:22:30,653 "Three counts of murder in the second degree." 435 00:22:31,959 --> 00:22:33,700 I'm ready for your plea, Mr. Nicodos. 436 00:22:33,787 --> 00:22:35,615 Not guilty, Your Honor. 437 00:22:35,702 --> 00:22:37,181 Your Honor, the People ask for remand without bail. 438 00:22:37,268 --> 00:22:38,966 Absurd, Your Honor. 439 00:22:39,053 --> 00:22:40,881 The defendant shot three people in cold blood. 440 00:22:40,968 --> 00:22:42,883 He's wealthy, his family owns a private plane. 441 00:22:42,970 --> 00:22:45,233 He poses a significant flight risk. 442 00:22:45,320 --> 00:22:48,584 My client will gladly surrender his passport and the keys to his plane. 443 00:22:48,671 --> 00:22:50,717 He has numerous ties to the community. 444 00:22:50,804 --> 00:22:53,459 He has a wife and two small children. He's not going anywhere. 445 00:22:53,546 --> 00:22:55,330 The defendant killed two witnesses. 446 00:22:55,417 --> 00:22:58,594 He's shown how far he'll go to avoid prosecution. 447 00:22:58,681 --> 00:23:00,596 And I want him where we can find him. 448 00:23:00,683 --> 00:23:02,946 The defendant is remanded to custody. 449 00:23:03,817 --> 00:23:06,036 It's a disgrace, McCoy. 450 00:23:06,123 --> 00:23:09,649 My client should be home, helping his kids with their schoolwork. 451 00:23:09,736 --> 00:23:13,827 I saw the crime scene photos. I know how much his family means to him. 452 00:23:13,914 --> 00:23:16,090 But I'm innocent. I didn't kill anybody. 453 00:23:16,177 --> 00:23:19,572 You've already learned the Rikers Island theme song. Good for you. 454 00:23:19,659 --> 00:23:22,705 I'm not dealing for anything less than a full sentence. 455 00:23:22,792 --> 00:23:25,752 You better check your cards before you shoot the moon. 456 00:23:25,839 --> 00:23:28,189 Forensics ties him to one of the victims. 457 00:23:28,276 --> 00:23:31,497 His fingerprints were on Eddie's desk. He had access to the murder weapon. 458 00:23:31,584 --> 00:23:33,063 He had opportunity and motive. 459 00:23:33,150 --> 00:23:34,804 Motive being? 460 00:23:34,891 --> 00:23:37,241 Thanks to his brother, he was being blackmailed. 461 00:23:37,328 --> 00:23:39,592 Well, then, he'd be angry at the people blackmailing him, not at his brother. 462 00:23:39,679 --> 00:23:40,984 Not according to Ms. Gaston. 463 00:23:41,071 --> 00:23:43,726 Well, she can't establish motive, 464 00:23:45,336 --> 00:23:46,947 if she can't testify. 465 00:23:49,950 --> 00:23:52,692 It's black letter law, Your Honor, as black as it gets. 466 00:23:52,779 --> 00:23:58,045 Out-of-court statements used to support the truth of the facts stated are hearsay. 467 00:23:58,132 --> 00:24:02,179 Anything my client said to Ms. Gaston is inadmissible. 468 00:24:02,266 --> 00:24:05,139 It is black letter, but you're looking at the wrong law. 469 00:24:05,226 --> 00:24:08,185 Any statement by a defendant is an admission 470 00:24:08,272 --> 00:24:10,753 and falls outside the hearsay rules. 471 00:24:10,840 --> 00:24:14,278 That would be correct if we were talking about a statement made by the defendant, 472 00:24:14,365 --> 00:24:18,326 not a statement made by a third party to the defendant. 473 00:24:19,458 --> 00:24:21,851 Ms. Gaston told the police 474 00:24:21,938 --> 00:24:25,507 the plaintiff's lawyer threatened Mr. Nicodos with blackmail. 475 00:24:25,594 --> 00:24:27,640 That's hearsay. 476 00:24:27,727 --> 00:24:29,598 He's right, Mr. McCoy. 477 00:24:29,685 --> 00:24:31,818 The statement is excluded. 478 00:24:31,905 --> 00:24:34,560 With all due respect, that doesn't preclude her from testifying 479 00:24:34,647 --> 00:24:35,909 to the defendant's state of mind. 480 00:24:35,996 --> 00:24:37,824 New packaging, same bad taste. 481 00:24:37,911 --> 00:24:40,174 Her observations aren't hearsay. 482 00:24:40,261 --> 00:24:42,524 She can testify that Peter Nicodos was angry at his brother that night, 483 00:24:42,611 --> 00:24:45,092 and according to her, angrier than she'd ever seen him before. 484 00:24:45,179 --> 00:24:47,529 Under extraordinary conditions, Your Honor. 485 00:24:47,616 --> 00:24:51,228 He was angry at his brother for not attending their father's memorial. 486 00:24:51,315 --> 00:24:54,754 And this will be totally misconstrued by a jury. 487 00:24:54,841 --> 00:24:57,278 Yeah, I have to agree. 488 00:24:57,365 --> 00:25:00,237 Under the circumstances, the prejudicial effect 489 00:25:00,324 --> 00:25:05,721 of Ms. Gaston's testimony will clearly outweigh its probative value. 490 00:25:05,808 --> 00:25:09,290 I have no choice but to preclude her from testifying. 491 00:25:12,380 --> 00:25:14,556 Judge Hynes put in a good day's work. 492 00:25:14,643 --> 00:25:18,908 He yanks the rug out, then he sends Peter Nicodos home for dinner. 493 00:25:18,995 --> 00:25:22,912 I shared a cubicle with Edgar Hynes, 35 years ago. 494 00:25:22,999 --> 00:25:26,089 His heart didn't bleed then. I doubt it does now. 495 00:25:26,176 --> 00:25:30,659 If you lost, it was fair and square. Look on the bright side. 496 00:25:30,746 --> 00:25:32,618 He probably did you a favor. 497 00:25:32,705 --> 00:25:34,924 By knocking out our motive witness? 498 00:25:35,011 --> 00:25:39,929 A woman who'd been given her walking papers by her lover. Some witness. 499 00:25:40,016 --> 00:25:41,235 Check your messages? 500 00:25:41,322 --> 00:25:42,889 Rothenberg's feeling his oats. 501 00:25:42,976 --> 00:25:44,499 I don't expect a call from him. 502 00:25:44,586 --> 00:25:46,457 Lost the dialing instructions on your phone? 503 00:25:46,545 --> 00:25:49,765 I won't shop for a deal, Adam. 504 00:25:49,852 --> 00:25:53,203 We've got the forensic evidence, we've got the tapes from the deposition. 505 00:25:53,290 --> 00:25:55,423 It won't take much to convince a jury, 506 00:25:55,510 --> 00:25:58,339 these brothers didn't walk out of beau geste. 507 00:26:02,648 --> 00:26:08,088 I was at the office 10, 12 hours every day, and sometimes weekends. 508 00:26:08,175 --> 00:26:10,612 To your knowledge, during the weeks you worked there, 509 00:26:10,699 --> 00:26:13,615 did the defendant ever visit the magazine's offices? 510 00:26:13,702 --> 00:26:18,098 No. I didn't even know Eddie had a brother until I read it in the papers. 511 00:26:18,185 --> 00:26:19,926 He never talked about him. 512 00:26:20,883 --> 00:26:22,668 Earlier, we heard testimony 513 00:26:22,755 --> 00:26:25,366 that the defendant's fingerprints were found on Eddie's desk. 514 00:26:25,453 --> 00:26:27,934 Now, let me ask you, 515 00:26:28,021 --> 00:26:30,980 were you working late the night before the shooting? 516 00:26:31,067 --> 00:26:33,287 Yes. I was there until midnight. 517 00:26:33,374 --> 00:26:35,942 Were you present when the cleaning crew came around? 518 00:26:36,029 --> 00:26:38,814 Yes. They showed up around 9:00. 519 00:26:38,901 --> 00:26:41,077 Did you see them clean Eddie's desk? 520 00:26:41,164 --> 00:26:44,167 Yes. They wiped everything down. 521 00:26:44,254 --> 00:26:45,821 Thank you. 522 00:26:47,214 --> 00:26:49,956 Mr. Ricardi, 523 00:26:50,043 --> 00:26:56,005 you have testified that during the two short weeks you were at the magazine 524 00:26:56,092 --> 00:26:59,269 you were employed as a gofer. 525 00:26:59,356 --> 00:27:04,144 Now, does that mean that you ran errands outside of the offices? 526 00:27:04,231 --> 00:27:08,975 Yes. Sure, to the printers and advertising agencies. 527 00:27:09,062 --> 00:27:11,455 A lot of errands. 528 00:27:11,542 --> 00:27:14,807 Isn't it possible that my client dropped in on his brother when you were out? 529 00:27:14,894 --> 00:27:17,331 Yes, it's possible, I guess. 530 00:27:17,418 --> 00:27:21,814 Now, when these shootings occurred, you were hiding in the bathroom, correct? 531 00:27:21,901 --> 00:27:25,339 I wasn't hiding. I was busy in there. 532 00:27:25,426 --> 00:27:29,256 So you did not see my client shoot anyone, did you? 533 00:27:31,301 --> 00:27:32,868 No. 534 00:27:32,955 --> 00:27:36,176 No more questions for this witness, Your Honor. 535 00:27:36,263 --> 00:27:39,222 The victim had powder burns on his shirt, 536 00:27:39,309 --> 00:27:42,617 and there were bruises on the knuckles of his right hand. 537 00:27:42,704 --> 00:27:44,706 What, if any, conclusions did you make? 538 00:27:44,793 --> 00:27:48,318 I concluded the victim was engaged in a very close struggle 539 00:27:48,405 --> 00:27:50,451 with his attacker when he was shot. 540 00:27:50,538 --> 00:27:53,019 Did you make any other findings, Detective Chung? 541 00:27:53,106 --> 00:27:56,022 Objection. Side bar, Your Honor? 542 00:28:01,375 --> 00:28:06,075 Mr. McCoy is soliciting testimony about cat hairs found on the victim. 543 00:28:06,162 --> 00:28:08,774 If that's foundation for this report, I object. 544 00:28:08,861 --> 00:28:10,863 What's in the report, Mr. McCoy? 545 00:28:10,950 --> 00:28:13,866 Forensics matched those hairs to hairs found in the apartment 546 00:28:13,953 --> 00:28:15,737 of the defendant's mistress. 547 00:28:15,824 --> 00:28:18,044 Your Honor, I received this report two days ago. 548 00:28:18,131 --> 00:28:19,741 I've barely had time to skim it. 549 00:28:19,828 --> 00:28:22,048 This is trial by ambush. 550 00:28:22,135 --> 00:28:25,486 They got it an hour after we did, Your Honor. Nothing was withheld. 551 00:28:25,573 --> 00:28:28,315 If they need time to prepare, we don't object to an adjournment. 552 00:28:28,402 --> 00:28:30,099 Your Honor, it's not a question of time. 553 00:28:30,186 --> 00:28:32,145 Our trial strategy was founded 554 00:28:32,232 --> 00:28:35,148 on the presumption the People did not have this evidence. 555 00:28:35,235 --> 00:28:37,498 The damage can't be undone. 556 00:28:37,585 --> 00:28:41,328 I want this report and any testimony thereto excluded. 557 00:28:42,982 --> 00:28:44,592 Granted. Your Honor... 558 00:28:44,679 --> 00:28:47,116 Mr. McCoy, you're lucky I'm not sanctioning you 559 00:28:47,203 --> 00:28:49,423 for discovery violations. 560 00:28:49,510 --> 00:28:51,120 Now, let's move on. 561 00:28:54,341 --> 00:28:56,212 I sent Chung three memos. 562 00:28:56,299 --> 00:28:58,606 He kept promising we'd have the report before trial. 563 00:28:58,693 --> 00:29:00,739 Have you finished prepping Detective Curtis? 564 00:29:00,826 --> 00:29:03,437 Yes, but he's not scheduled to take the stand until tomorrow. 565 00:29:03,524 --> 00:29:05,961 We planned to spend the rest of today talking about cat hair. 566 00:29:06,048 --> 00:29:07,920 Find him. Hynes expects us to have a witness 567 00:29:08,007 --> 00:29:10,487 by the time we get back from lunch. 568 00:29:10,574 --> 00:29:15,101 I don't know who I want to kick most, Hynes or that lab technician. 569 00:29:15,188 --> 00:29:17,538 Jack, we haven't lost the game. 570 00:29:17,625 --> 00:29:22,456 Right. Just make sure Curtis gets here in time. 571 00:29:22,543 --> 00:29:24,850 The defendant's secretary reported 572 00:29:24,937 --> 00:29:28,157 that the nine millimeter handgun she kept locked in her desk was missing. 573 00:29:28,244 --> 00:29:31,465 We confirmed that the defendant had a key to the desk. 574 00:29:31,552 --> 00:29:33,989 And what can you tell us about that missing weapon? 575 00:29:34,076 --> 00:29:36,862 It was a Smith and Wesson Ladysmith auto. 576 00:29:36,949 --> 00:29:40,126 It had the same rifling as the slugs recovered from the victims. 577 00:29:40,213 --> 00:29:42,563 Six lans and grooves with a right twist. 578 00:29:43,520 --> 00:29:45,566 Thank you. 579 00:29:45,653 --> 00:29:47,481 Detective, did you know that Smith and Wesson 580 00:29:47,568 --> 00:29:49,352 makes eight other models of handguns 581 00:29:49,439 --> 00:29:52,051 that produce that same rifling as the Ladysmith? 582 00:29:52,138 --> 00:29:53,879 No. Did you know that Browning and Walther 583 00:29:53,966 --> 00:29:57,752 also make handguns that produce that same rifling? 584 00:29:57,839 --> 00:29:59,493 No. Do you know how many of these weapons 585 00:29:59,580 --> 00:30:02,322 are registered in the Five Borough area? I don't. 586 00:30:02,409 --> 00:30:05,760 Well, the license division at One Police Plaza does. 587 00:30:05,847 --> 00:30:07,675 There's just over 5,000 of them, 588 00:30:07,762 --> 00:30:10,983 and this is not counting the unlicensed ones. 589 00:30:11,070 --> 00:30:13,942 Did you check any of those guns to see if they might be the murder weapon? 590 00:30:14,029 --> 00:30:18,207 Mr. Nicodos didn't have access to those weapons, so the answer is no. 591 00:30:18,294 --> 00:30:19,818 No further questions. 592 00:30:22,516 --> 00:30:24,823 The People rest, Your Honor. 593 00:30:24,910 --> 00:30:29,653 Your Honor, pursuant to Criminal Procedure Law, Section 290.10, 594 00:30:29,740 --> 00:30:33,222 the defense moves for a trial order of dismissal. 595 00:30:33,309 --> 00:30:37,879 On the grounds that the evidence against my client is not legally sufficient 596 00:30:37,966 --> 00:30:40,099 to prove the offense charged. 597 00:30:40,186 --> 00:30:42,841 Your Honor, the People have established every element of the crime. 598 00:30:42,928 --> 00:30:45,408 I don't agree, Counselor. 599 00:30:45,495 --> 00:30:50,239 All counts of the indictment against Mr. Nicodos are dismissed. 600 00:30:50,326 --> 00:30:53,068 The jury is excused. I thank them for their time. 601 00:30:55,897 --> 00:30:58,030 Court is adjourned. 602 00:30:58,117 --> 00:30:59,814 He as good as acquitted him. 603 00:30:59,901 --> 00:31:02,295 With jeopardy attached, we can't lay a finger on Nicodos. 604 00:31:02,382 --> 00:31:03,818 Right. Blame the judge. 605 00:31:03,905 --> 00:31:05,689 Adam, defense attorneys 606 00:31:05,776 --> 00:31:08,431 routinely move to dismiss and judges routinely deny it, 607 00:31:08,518 --> 00:31:10,999 or they wait until after the verdict. 608 00:31:11,086 --> 00:31:13,088 Why the big rush to let a murderer walk? 609 00:31:13,175 --> 00:31:14,742 I don't see the big rush. 610 00:31:14,829 --> 00:31:16,135 You barely made the case. 611 00:31:16,222 --> 00:31:17,745 Because Hynes took a chainsaw to it. 612 00:31:17,832 --> 00:31:20,487 He threw out every good piece of evidence we had. 613 00:31:25,492 --> 00:31:28,495 If your Mr. McCoy wants to rewrite the rules of evidence, 614 00:31:28,582 --> 00:31:30,845 give him a pencil and point him to Albany. 615 00:31:32,368 --> 00:31:35,589 He thinks you were quick on the draw dismissing the case. 616 00:31:35,676 --> 00:31:37,156 You agree? 617 00:31:39,071 --> 00:31:43,771 So, you invite me for a drink just to kick dirt on my shoes. 618 00:31:43,858 --> 00:31:47,340 The case was weak. The jury probably would have acquitted. 619 00:31:47,427 --> 00:31:49,342 You had no reason to take them out of the loop. 620 00:31:49,429 --> 00:31:52,040 Well, that's why the ponies run at Belmont. 621 00:31:52,127 --> 00:31:55,783 Everyone has an opinion, Adam, but since I wear the robe, 622 00:31:55,870 --> 00:31:57,263 mine's the only one that counts. 623 00:31:57,350 --> 00:31:59,526 You're still a cocky son of a gun, Edgar. 624 00:31:59,613 --> 00:32:03,356 Whatever. You know as well as I do I can't discuss a case with you. 625 00:32:03,443 --> 00:32:05,184 That never stopped you before. 626 00:32:08,622 --> 00:32:11,625 I said everything I had to say in my order of dismissal. 627 00:32:13,322 --> 00:32:14,933 I have to go. 628 00:32:15,020 --> 00:32:17,022 Say hello to Jane. 629 00:32:17,109 --> 00:32:19,763 Maybe we can all get together for a sail around the Sound. 630 00:32:21,026 --> 00:32:24,812 I sold the boat. Jane filed for divorce last month. 631 00:32:24,899 --> 00:32:26,553 But thanks for asking. 632 00:32:36,041 --> 00:32:37,694 You wanted to see me? 633 00:32:41,524 --> 00:32:43,787 People v. Carruthers,1988. 634 00:32:45,876 --> 00:32:46,834 The bell's not ringing. 635 00:32:46,921 --> 00:32:49,445 One of Ben Stone's cases. 636 00:32:49,532 --> 00:32:52,971 Hynes presided. Page 54. 637 00:32:57,976 --> 00:33:00,500 "Defense motion to suppress a ballistics report." 638 00:33:00,587 --> 00:33:06,375 Which was turned over to the defense the day before the expert took the stand. 639 00:33:08,073 --> 00:33:10,205 Hynes let this report in. 640 00:33:11,990 --> 00:33:16,211 Maybe he joined the Golden Agers Club at the ACLU since then. 641 00:33:17,473 --> 00:33:18,561 No. 642 00:33:20,433 --> 00:33:21,564 No. 643 00:33:23,653 --> 00:33:27,266 The last new trick he learned was the twist. 644 00:33:28,267 --> 00:33:29,746 He's predictable. 645 00:33:33,446 --> 00:33:35,622 Up until a couple of days ago? 646 00:33:35,709 --> 00:33:37,580 I'm afraid so. 647 00:33:41,280 --> 00:33:42,846 Look into it. 648 00:33:47,329 --> 00:33:50,419 Judge Smith's got a week to kill before his time-share in Sun Valley, 649 00:33:50,506 --> 00:33:52,943 I tossed him a slam-dunk robbery. 650 00:33:53,031 --> 00:33:55,816 Judge Jones wants to upscale his image, I give him bank fraud. Happy to oblige. 651 00:33:55,903 --> 00:33:58,906 You got the Nicodos Case from Part 40? A triple homicide? 652 00:33:58,993 --> 00:34:02,257 Right, right. I passed that over to Judge Hynes in 49. 653 00:34:02,344 --> 00:34:03,780 Luck of the draw? 654 00:34:03,867 --> 00:34:05,739 A pair of adorable dimples. Hynes' clerk. 655 00:34:05,826 --> 00:34:06,783 He asked for the case. 656 00:34:06,870 --> 00:34:08,002 Did he tell you why? 657 00:34:08,089 --> 00:34:09,395 I didn't ask. 658 00:34:09,482 --> 00:34:11,266 I heard Hynes is getting divorced, 659 00:34:11,353 --> 00:34:13,877 so maybe he wanted a murder case to cheer him up. 660 00:34:13,964 --> 00:34:17,185 Judge Hynes had just done seven drug cases in a row. 661 00:34:17,272 --> 00:34:18,839 He wasn't looking forward to another one. 662 00:34:18,926 --> 00:34:21,624 Did he specifically mention the Nicodos case? 663 00:34:23,235 --> 00:34:26,455 Yes. There was a lot of publicity about it. 664 00:34:27,804 --> 00:34:30,024 Am I done? 665 00:34:30,111 --> 00:34:33,549 Yes. And I remind you not to discuss this interview with anybody. 666 00:34:42,819 --> 00:34:44,908 Maybe Hynes just wanted to see his name in the papers. 667 00:34:44,995 --> 00:34:47,085 By holding the door open for a three-time killer? 668 00:34:47,172 --> 00:34:50,436 That's not the kind of press a judge wants on election day. 669 00:34:50,523 --> 00:34:51,828 Somebody reached out to him. 670 00:34:51,915 --> 00:34:53,613 Peter Nicodos. 671 00:34:53,700 --> 00:34:55,441 He didn't just throw darts at the judges directory. 672 00:34:55,528 --> 00:34:57,138 He must have had some connection to Hynes. 673 00:34:57,225 --> 00:34:59,401 Or his lawyer does. 674 00:34:59,488 --> 00:35:02,665 I'll convene a grand jury and subpoena Hynes' records. 675 00:35:02,752 --> 00:35:06,843 Even if we can prove Nicodos bribed Hynes, it's a B Felony. 676 00:35:06,930 --> 00:35:08,802 He can get a year. 677 00:35:08,889 --> 00:35:10,717 Not much of a consolation prize for three murders. 678 00:35:10,804 --> 00:35:12,980 We're not just running for second place here, Claire. 679 00:35:13,067 --> 00:35:16,549 If he bribed the judge, he can't hide behind double jeopardy. 680 00:35:16,636 --> 00:35:19,117 The Constitution says he can. 681 00:35:19,204 --> 00:35:22,946 I don't think the Constitution protects rigged trials. 682 00:35:24,600 --> 00:35:26,907 Find the bribe. We'll make the argument. 683 00:35:33,218 --> 00:35:36,873 I talked to the AG's office and to the Ethics Committee. 684 00:35:36,960 --> 00:35:39,615 They've never had a complaint about Nicodos' attorney. 685 00:35:39,702 --> 00:35:42,357 Well, I ran his name through AJIS, and I talked to OCCB. 686 00:35:42,444 --> 00:35:44,359 Nothing. I mean, the guy squeaks when he walks. 687 00:35:44,446 --> 00:35:46,361 A defense lawyer? That'd be a first. 688 00:35:46,448 --> 00:35:47,754 Then it's a first. 689 00:35:47,841 --> 00:35:49,582 I cross-referenced him with Hynes. 690 00:35:49,669 --> 00:35:51,975 They've never even been in the same courtroom until Nicodos. 691 00:35:52,062 --> 00:35:55,022 And speaking of, we're not having much luck putting him together with Hynes. 692 00:35:55,109 --> 00:35:58,591 Different hobbies, different tailors, different alumni clubs. 693 00:35:58,678 --> 00:36:01,594 Different generations. What about his parents? 694 00:36:01,681 --> 00:36:04,074 File's pretty thin on Peter Nicodos Sr. 695 00:36:04,162 --> 00:36:08,905 You know, I saw something in here, some bequest from the family business... 696 00:36:08,992 --> 00:36:14,824 Yeah, "To Yale, in memory of Peter Nicodos Sr., class of 1955." 697 00:36:14,911 --> 00:36:16,522 What, that does something for you? 698 00:36:16,609 --> 00:36:19,525 Plenty. Hynes went to Yale. 699 00:36:19,612 --> 00:36:22,789 Yeah, here, Edgar Hynes, Class of '55. 700 00:36:22,876 --> 00:36:26,836 So he and Nicodos Sr. drank from the same keg 40 years ago. 701 00:36:26,923 --> 00:36:29,752 You think he'd go to the wall for one of his frat brother's kids? 702 00:36:29,839 --> 00:36:33,103 If the price is right. What about his bank records? 703 00:36:33,191 --> 00:36:35,584 Just a lot of red ink. 704 00:36:35,671 --> 00:36:39,849 A month ago, Hynes took out a second mortgage on his house in Sand's Point. 705 00:36:39,936 --> 00:36:43,505 Six hundred grand. Here, take a look at this interest rate. 706 00:36:43,592 --> 00:36:45,638 Five percent, fixed. 707 00:36:45,725 --> 00:36:47,944 I had to get on my knees just for a seven percent adjustable. 708 00:36:48,031 --> 00:36:50,599 It gets better. According to the documents, 709 00:36:50,686 --> 00:36:53,211 he only has about a 200,000 equity in the house. 710 00:36:53,298 --> 00:36:55,952 I don't see how this guy qualifies for anything beyond a car loan. 711 00:36:56,039 --> 00:36:59,608 Yeah, I've heard of friendly bankers, but this sounds like love. 712 00:37:02,742 --> 00:37:04,483 What did Fitzgerald write? 713 00:37:04,570 --> 00:37:06,398 "The very rich are different from you and me"? 714 00:37:06,485 --> 00:37:08,443 That goes for their loans. 715 00:37:08,530 --> 00:37:10,097 Judge Hynes received a preferential rate 716 00:37:10,184 --> 00:37:12,969 that we reserve for our important customers. 717 00:37:13,056 --> 00:37:15,842 Well, Gatsby would be an important customer. 718 00:37:15,929 --> 00:37:20,150 I've seen Judge Hynes' bottom line. He's hardly in the same league. 719 00:37:20,238 --> 00:37:22,065 We made our own determination. 720 00:37:22,152 --> 00:37:24,067 What convinced you? 721 00:37:24,154 --> 00:37:27,332 His debts or the fact that he has virtually no equity? 722 00:37:27,419 --> 00:37:31,553 Maybe there was a shortfall, but we are entitled to make character loans. 723 00:37:31,640 --> 00:37:34,600 I really don't need to justify our banking procedures to you, Ms. Kincaid. 724 00:37:34,687 --> 00:37:37,255 You'd rather justify them to a grand jury? 725 00:37:37,342 --> 00:37:40,823 I can make a phone call and schedule you for this afternoon. 726 00:37:43,217 --> 00:37:46,220 The important customer was Elaine Nicodos. 727 00:37:46,307 --> 00:37:48,440 Her family's been banking with us for many years. 728 00:37:48,527 --> 00:37:50,572 She spoke to you about this loan? 729 00:37:50,659 --> 00:37:53,271 She asked us to treat Judge Hynes as a most favored customer. 730 00:37:53,358 --> 00:37:55,664 Give him the loan at cost. 731 00:37:55,751 --> 00:37:57,536 Our accountants ran the numbers. 732 00:37:57,623 --> 00:38:01,888 He'll be saving a little over $300,000 in interest. 733 00:38:01,975 --> 00:38:05,979 Counting the $600,000 you loaned him, that's quite a gift. 734 00:38:07,197 --> 00:38:10,026 Let's say I got the sense that if we didn't go along, 735 00:38:10,113 --> 00:38:13,726 Mrs. Nicodos would close her accounts and take her business elsewhere. 736 00:38:13,813 --> 00:38:16,032 That we couldn't afford. 737 00:38:16,119 --> 00:38:18,513 So, they keep their money in the same bank. 738 00:38:18,600 --> 00:38:20,907 So do a million other people. 739 00:38:20,994 --> 00:38:24,519 Those people don't have Mrs. Nicodos to scratch their backs. 740 00:38:24,606 --> 00:38:27,957 I had no idea she spoke to the bank. 741 00:38:28,044 --> 00:38:30,830 When you saw the mortgage papers, what did you think? 742 00:38:30,917 --> 00:38:33,311 It was bargain day at the savings and loan? 743 00:38:33,398 --> 00:38:35,443 I only saw this woman once 744 00:38:35,530 --> 00:38:38,794 at a class reunion 15 years ago with her husband. 745 00:38:38,881 --> 00:38:40,230 I've done nothing improper. 746 00:38:40,318 --> 00:38:42,058 Edgar... 747 00:38:42,145 --> 00:38:44,583 No, no, this is lunacy. It's a vendetta. 748 00:38:54,941 --> 00:38:55,811 Adam. 749 00:38:55,898 --> 00:38:58,161 Get rid of him. 750 00:38:58,248 --> 00:38:59,337 Edgar, are you sure... 751 00:38:59,424 --> 00:39:00,947 He's sure. 752 00:39:04,472 --> 00:39:06,082 Turn that off. 753 00:39:17,093 --> 00:39:20,314 Adam, you of all people know this is absolute garbage. 754 00:39:20,401 --> 00:39:22,098 Don't insult me, Edgar. 755 00:39:23,143 --> 00:39:24,449 You believe it? 756 00:39:27,103 --> 00:39:30,585 I personally authorized the warrant. 757 00:39:30,672 --> 00:39:31,847 How could you? 758 00:39:33,066 --> 00:39:34,720 You're a judge, for heaven's sake. 759 00:39:35,808 --> 00:39:36,983 Think of your oath. 760 00:39:39,202 --> 00:39:43,468 I thought after 35 years, you'd give me the benefit of the doubt. 761 00:39:43,555 --> 00:39:45,600 The hell with the 35 years. 762 00:39:46,645 --> 00:39:48,821 You betrayed your office. 763 00:39:49,865 --> 00:39:52,781 I couldn't think about that. 764 00:39:53,869 --> 00:39:56,742 I was being killed by the divorce. 765 00:39:56,829 --> 00:40:00,789 Everything I worked for, Adam. She was getting it all. 766 00:40:02,574 --> 00:40:03,879 But I... 767 00:40:05,446 --> 00:40:07,100 I needed the money. 768 00:40:09,276 --> 00:40:12,975 Adam, can you help me here? 769 00:40:15,021 --> 00:40:16,675 You're going to prison, Edgar. 770 00:40:16,762 --> 00:40:19,199 Where and for how long is up to you. 771 00:40:21,680 --> 00:40:26,728 Well, tell me what to do, I'll cooperate. 772 00:40:26,815 --> 00:40:28,817 Elaine Nicodos came to me for help. 773 00:40:28,904 --> 00:40:31,820 She said that she would square things with the bank. 774 00:40:31,907 --> 00:40:34,867 If you let her son take a walk on three murders. 775 00:40:34,954 --> 00:40:38,653 Adam, they have so much money. 776 00:40:40,481 --> 00:40:41,961 They would have beaten it anyway. 777 00:40:45,181 --> 00:40:46,835 Hardly the point. 778 00:40:52,014 --> 00:40:53,973 You sent your troops to arrest a woman 779 00:40:54,060 --> 00:40:55,801 in front of her own grandchildren. 780 00:40:55,888 --> 00:40:58,847 And for what? Bribery? 781 00:40:58,934 --> 00:41:01,676 Anybody ever tell you you're a sore loser, McCoy? 782 00:41:01,763 --> 00:41:03,809 Only when I lose, Mr. Rothenberg. 783 00:41:03,896 --> 00:41:06,986 We have a statement from the loan manager, 784 00:41:07,073 --> 00:41:10,076 and we have one from Judge Hynes. 785 00:41:15,690 --> 00:41:17,997 Don't fault Edgar Hynes. 786 00:41:18,084 --> 00:41:20,608 He just took pity on an old widow. 787 00:41:20,695 --> 00:41:25,091 Judge Hynes won't be the only officer of the court facing charges, Mr. Rothenberg. 788 00:41:25,178 --> 00:41:27,136 I'd start thinking about a second career. 789 00:41:27,223 --> 00:41:30,618 Let me make something very clear, Mr. McCoy. 790 00:41:30,705 --> 00:41:32,881 No one else knew. 791 00:41:32,968 --> 00:41:37,582 Not Mr. Rothenberg, and certainly not Peter. 792 00:41:37,669 --> 00:41:44,110 Mrs. Nicodos, you don't seem to realize the seriousness of your actions. 793 00:41:46,025 --> 00:41:50,420 I used my influence to save the son I have left. 794 00:41:52,901 --> 00:41:55,338 The son I might have neglected. 795 00:41:57,123 --> 00:41:59,429 It's the least I can do for him. 796 00:42:01,519 --> 00:42:03,477 Go on, punish me. 797 00:42:03,564 --> 00:42:07,437 But Mr. Rothenberg tells me you can't do anything to Peter. 798 00:42:07,525 --> 00:42:09,004 That's all I care about. 799 00:42:09,091 --> 00:42:11,267 Don't be so sure your son is out of the woods. 800 00:42:11,354 --> 00:42:16,055 I'm reinstating the murder charges and ordering his arrest. 801 00:42:16,142 --> 00:42:20,494 What part of double jeopardy don't you understand? 802 00:42:20,581 --> 00:42:24,759 I'm well acquainted with it, Mr. Rothenberg, and it doesn't scare me. 803 00:42:28,546 --> 00:42:30,983 Double jeopardy was written into the Constitution 804 00:42:31,070 --> 00:42:36,031 to protect citizens from repeated attempts by the State to convict them. 805 00:42:36,118 --> 00:42:40,601 Finality of acquittal is the essence of that guarantee. 806 00:42:40,688 --> 00:42:44,387 The Founding Fathers never intended double jeopardy to go to the highest bidder. 807 00:42:44,474 --> 00:42:48,261 But it was their intent that the State get only one bite at the apple. 808 00:42:48,348 --> 00:42:50,437 One fair bite. 809 00:42:50,524 --> 00:42:53,135 Fair is a four-letter word when it comes to the Constitution. 810 00:42:53,222 --> 00:42:56,443 The deck is deliberately stacked in favor of individual rights. 811 00:42:56,530 --> 00:43:00,839 There is no individual right to profit from illegal acts. 812 00:43:00,926 --> 00:43:05,060 But you're asking this court to deny one of our most closely held protections. 813 00:43:05,147 --> 00:43:09,064 Your Honor, jeopardy never attached at this defendant's trial 814 00:43:09,151 --> 00:43:11,763 for the simple reason that he never was in jeopardy. 815 00:43:11,850 --> 00:43:14,287 The judge was bribed. The fix was in. 816 00:43:15,027 --> 00:43:16,681 Point well taken. 817 00:43:16,768 --> 00:43:18,596 Your Honor, to allow these charges to stand 818 00:43:18,683 --> 00:43:22,991 penalizes my client for the actions of a third party. 819 00:43:23,078 --> 00:43:25,994 He had no knowledge of this alleged bribe. 820 00:43:26,081 --> 00:43:27,605 He comes into court with clean hands. 821 00:43:27,692 --> 00:43:28,910 It's irrelevant. 822 00:43:28,997 --> 00:43:31,434 The outcome was predetermined. 823 00:43:31,521 --> 00:43:34,220 The process was corrupted. 824 00:43:34,307 --> 00:43:36,831 The defendant cannot profit from it. Your Honor... 825 00:43:36,918 --> 00:43:39,878 I've heard the arguments, Mr. Rothenberg. 826 00:43:41,836 --> 00:43:44,578 Double jeopardy may be sacred, 827 00:43:44,665 --> 00:43:48,277 but not at the expense of the integrity of the criminal justice system. 828 00:43:48,364 --> 00:43:52,455 The motion to dismiss is denied and the charges will stand. 829 00:43:55,894 --> 00:43:58,548 You kick the system, Mr. Nicodos, 830 00:43:58,636 --> 00:44:01,203 don't be surprised when it turns around and bites you. 831 00:44:01,290 --> 00:44:06,034 Don't imagine for a second that this is the end of the road, McCoy. 832 00:44:06,121 --> 00:44:08,341 We plan to pursue this all the way to the Supreme Court. 833 00:44:08,428 --> 00:44:10,778 It's a free country. 834 00:44:10,865 --> 00:44:14,739 I'll get started on our briefs just as soon as we convict your client. 835 00:44:14,826 --> 00:44:19,831 Claire, signal the guard that Mr. Nicodos is ready to return to Rikers. 836 00:44:19,918 --> 00:44:22,747 There was an offer on the table. 837 00:44:25,880 --> 00:44:28,056 Nothing less than a full sentence. 838 00:44:28,143 --> 00:44:33,018 Right. Murder two, three counts, concurrent sentences. 839 00:44:33,105 --> 00:44:36,630 After 25, he takes his chances with the parole board. 840 00:44:36,717 --> 00:44:38,588 Your final word? 841 00:44:41,069 --> 00:44:44,812 Then we have nothing left to talk about. 842 00:44:44,899 --> 00:44:49,512 As for Mrs. Nicodos, I plan to seek the maximum time under the statutes. 843 00:44:50,992 --> 00:44:55,214 In practical terms, that's 25 years, but I'll settle for half. 844 00:44:58,173 --> 00:45:01,611 Is that what you want for your children, Mr. Nicodos? 845 00:45:01,699 --> 00:45:05,137 To visit their grandmother in the geriatric ward at Bedford Prison? 846 00:45:05,224 --> 00:45:08,880 Peter, he's blowing smoke. 847 00:45:08,967 --> 00:45:12,318 Mr. McCoy, I'll accept your offer if you drop the charges against my mother. 848 00:45:12,405 --> 00:45:14,320 Peter, no! We can fight this in court. 849 00:45:14,407 --> 00:45:15,800 Mr. McCoy? 850 00:45:15,887 --> 00:45:18,019 Mr. McCoy, don't listen to him. 851 00:45:19,020 --> 00:45:20,282 Peter, I won't allow you to do this. 852 00:45:20,369 --> 00:45:22,328 You're not going to jail. 853 00:45:27,550 --> 00:45:30,118 Mr. McCoy, do we have a deal or not? 854 00:45:41,347 --> 00:45:44,393 You got around double jeopardy. 855 00:45:44,480 --> 00:45:49,485 You climbed Everest in your shorts on a very cold day. 856 00:45:51,879 --> 00:45:53,315 Good work. 857 00:45:55,230 --> 00:45:58,494 As long as we stayed out of Appellate Court. 858 00:45:58,581 --> 00:46:03,064 With their bankroll, sooner or later they would have creamed us. 859 00:46:06,502 --> 00:46:07,721 Yes? 860 00:46:15,860 --> 00:46:17,339 Thank you. 861 00:46:21,604 --> 00:46:23,519 They found Edgar Hynes 862 00:46:25,043 --> 00:46:27,349 on the beach at Sand's Point, 863 00:46:28,568 --> 00:46:30,526 a gunshot to the head. 864 00:46:37,707 --> 00:46:39,492 Bring that over here.