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In the criminal justice system
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00:00:03,208 --> 00:00:07,110
the people are represented by two
separate yet equally important groups,
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00:00:07,178 --> 00:00:08,976
the police
who investigate crime
4
00:00:09,048 --> 00:00:11,846
and the district attorneys
who prosecute the offenders.
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00:00:11,918 --> 00:00:13,909
These are their stories.
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00:00:14,553 --> 00:00:17,579
I served 18 years
with a clean conduct record.
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00:00:18,257 --> 00:00:21,385
The last six, I worked
in the heating plant
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00:00:21,460 --> 00:00:23,292
without any
supervision whatsoever.
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00:00:24,398 --> 00:00:28,528
I got my GED and I finished two
years of college by correspondence.
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00:00:29,569 --> 00:00:30,729
That's very good.
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00:00:30,804 --> 00:00:34,103
What we'd like to know, Mr.
Darnell, is if you're released today,
12
00:00:34,174 --> 00:00:36,666
how can we trust you won't
get in trouble again?
13
00:00:36,744 --> 00:00:39,474
I'm not the same man
I was 18 years ago.
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00:00:39,714 --> 00:00:44,310
I've had therapy. I've got discipline.
I understand myself.
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00:00:45,353 --> 00:00:47,184
I'm responsible for my actions.
16
00:00:47,255 --> 00:00:50,316
What does that
mean to you, to act responsibly?
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00:00:51,493 --> 00:00:54,155
If you grant me parole,
I plan to work hard
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00:00:54,229 --> 00:00:57,027
and support my daughter
and my grandchildren.
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00:00:57,099 --> 00:01:00,193
I plan to make restitution
to the people I hurt.
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00:01:01,337 --> 00:01:05,638
Nobody owes me a second chance.
I'm not saying I deserve one.
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00:01:07,544 --> 00:01:09,637
But I'm giving it
to you straight here,
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00:01:09,713 --> 00:01:13,171
I know in my own mind, I will
never harm anybody again.
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00:01:15,485 --> 00:01:18,250
Thank you, Mr.
Darnell. Mr. McCoy?
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00:01:20,958 --> 00:01:22,289
Thank you.
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00:01:24,161 --> 00:01:26,026
I don't think Mr.
Darnell's changed at all.
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00:01:26,097 --> 00:01:29,965
I think he's just as dangerous
as he was when I prosecuted him.
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00:01:30,034 --> 00:01:32,697
He was found guilty
of six vicious rapes.
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00:01:32,771 --> 00:01:34,762
He was a suspect
in seven others.
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00:01:36,041 --> 00:01:40,671
He raped young women, mostly
teenagers, at knife point,
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00:01:40,979 --> 00:01:43,777
in broad daylight,
in their own bedrooms.
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00:01:44,516 --> 00:01:46,542
He wrapped a pillowcase
around their faces,
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00:01:46,619 --> 00:01:50,146
to terrorize them and
heighten his pleasure.
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00:01:53,993 --> 00:01:56,587
I have here letters from those women.
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00:01:57,764 --> 00:02:00,666
They don't want
his restitution.
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00:02:00,734 --> 00:02:02,565
They don't want
anything from him.
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00:02:03,971 --> 00:02:07,634
All they ask is that we keep him
behind bars for the next 12 years,
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00:02:07,708 --> 00:02:10,336
to serve out the rest
of his sentence.
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00:02:10,844 --> 00:02:13,177
This is the third time
he's applied for release,
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00:02:13,248 --> 00:02:16,183
the third time I've
come here to oppose it.
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00:02:19,754 --> 00:02:22,450
I ask you now to
again deny him parole.
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00:02:25,060 --> 00:02:28,292
Let him pay his debt
to society in full.
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00:02:28,364 --> 00:02:29,524
Thank you, Mr. McCoy.
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00:02:43,547 --> 00:02:49,008
Mr. Darnell, we have taken into
account your psychiatric evaluation,
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00:02:50,187 --> 00:02:54,682
your conduct report, and
Warden Davies' recommendation.
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00:02:56,060 --> 00:02:59,052
Though we are mindful
of Mr. McCoy's concerns,
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00:02:59,697 --> 00:03:02,962
we hereby grant your
request for early release.
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00:03:12,644 --> 00:03:15,636
The mother, Mrs. Perez, found her
in bed when she got home from work.
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00:03:15,714 --> 00:03:17,045
She thought she was sleeping.
49
00:03:17,116 --> 00:03:18,378
At 3:00 in
the afternoon?
50
00:03:18,450 --> 00:03:20,645
The girl had the flu.
She was staying home from school.
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00:03:20,719 --> 00:03:22,620
You check the
doors and windows?
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00:03:22,689 --> 00:03:24,554
No sign
of forced entry.
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00:03:25,391 --> 00:03:26,949
But Mrs. Perez
says the front door
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00:03:27,026 --> 00:03:28,357
Was locked with the latch.
55
00:03:28,428 --> 00:03:29,452
And the building?
56
00:03:29,529 --> 00:03:32,225
Well, the door to the roof
is padlocked from the inside.
57
00:03:32,298 --> 00:03:34,425
The only way in is
through the main door,
58
00:03:34,501 --> 00:03:37,096
and the super swears
it's always locked.
59
00:03:37,171 --> 00:03:40,732
Now, the canvass turned up a
friend who saw her around noon.
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00:03:40,808 --> 00:03:44,972
She was going to the basement to do laundry.
That's it right there.
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00:03:45,379 --> 00:03:46,971
Is this
how Mom found her?
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00:03:47,047 --> 00:03:49,072
She was on her side,
facing the wall.
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00:03:49,150 --> 00:03:50,277
Any injuries?
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00:03:50,352 --> 00:03:53,719
There's a bruise on her right
hand, a small nick on her neck.
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00:03:53,788 --> 00:03:56,621
For all I know, she stroked
out or had an aneurysm.
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00:03:56,691 --> 00:03:57,988
Well, what are we doing here?
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00:03:58,059 --> 00:03:59,117
Ask the mother.
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00:03:59,194 --> 00:04:00,627
She says the girl
must've been raped,
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00:04:00,695 --> 00:04:01,889
because she never sleeps naked.
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00:04:01,963 --> 00:04:03,226
And you say?
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00:04:03,299 --> 00:04:06,564
Yesterday, I found out my
12-year-old is a vegetarian.
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00:04:06,636 --> 00:04:08,501
I think this girl just outgrew her Dr.
Denton's.
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00:04:08,571 --> 00:04:10,596
Except it's February
and she had the flu.
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00:04:10,673 --> 00:04:12,903
I didn't see anything forcible.
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00:04:12,975 --> 00:04:15,136
Do ripped panties count?
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00:05:04,130 --> 00:05:05,791
You told the officer
that the front door
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00:05:05,865 --> 00:05:07,389
Was locked
when you got home?
78
00:05:07,467 --> 00:05:09,958
Yes. Just with
the handle, though.
79
00:05:10,971 --> 00:05:13,065
Well, it locks by itself
when you close the door?
80
00:05:13,140 --> 00:05:14,198
Yes.
81
00:05:16,210 --> 00:05:18,770
Did Teresa have a boyfriend?
82
00:05:20,348 --> 00:05:24,045
She didn't have time.
She was too busy with school.
83
00:05:26,421 --> 00:05:29,686
Isn't it possible that she
could've found the time?
84
00:05:31,393 --> 00:05:32,860
I wouldn't let her.
85
00:05:34,129 --> 00:05:37,394
When I was her age, I was
pregnant with Teresa.
86
00:05:38,867 --> 00:05:40,961
I didn't want that for her.
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00:05:42,405 --> 00:05:47,240
Oh, God,
my baby's dead!
88
00:05:49,479 --> 00:05:52,880
My beautiful baby.
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00:05:54,118 --> 00:05:56,985
I met her coming
down the stairs,
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00:05:57,054 --> 00:05:58,453
I thought she was
gonna pass out.
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00:05:59,056 --> 00:06:01,251
She was sweating and coughing.
92
00:06:01,325 --> 00:06:03,850
I helped her carry her
wash down to the basement.
93
00:06:03,927 --> 00:06:06,361
What time was this?
I don't know.
94
00:06:07,699 --> 00:06:09,860
It was just before
I went to the store
95
00:06:09,934 --> 00:06:12,027
with my mom,
maybe around 11:30.
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00:06:12,103 --> 00:06:13,161
Mmm-hmm.
97
00:06:13,238 --> 00:06:15,934
Did Teresa say she was
expecting company later?
98
00:06:16,007 --> 00:06:17,474
Her boyfriend, maybe?
99
00:06:17,542 --> 00:06:20,010
No, she wasn't
expecting anybody.
100
00:06:20,478 --> 00:06:23,107
But she did have
a boyfriend, right?
101
00:06:23,182 --> 00:06:24,979
She didn't want
her mother to know.
102
00:06:25,718 --> 00:06:29,620
It's Raymond Cartena.
He lives in the building next door.
103
00:06:31,190 --> 00:06:33,886
Was she...
Was she having sex with him?
104
00:06:34,260 --> 00:06:38,425
No. Teresa said they
talked about doing it.
105
00:06:39,700 --> 00:06:43,568
He wanted to,
but she was scared.
106
00:06:44,204 --> 00:06:47,662
I called her this morning to
see if she was feeling better.
107
00:06:47,741 --> 00:06:51,439
We were trying to make arrangements
to get with each other.
108
00:06:51,646 --> 00:06:53,580
And do what, go to the ballet?
109
00:06:53,648 --> 00:06:56,879
The movies, you know?
I mean, something like that.
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00:06:57,618 --> 00:06:59,210
That's funny, because
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00:06:59,287 --> 00:07:01,881
we heard you had something
else in mind for her.
112
00:07:03,092 --> 00:07:04,354
What's that supposed to mean?
113
00:07:04,426 --> 00:07:07,987
She was found naked in her bed.
Did you do that, Raymond?
114
00:07:09,131 --> 00:07:10,120
No!
115
00:07:10,199 --> 00:07:12,167
Come on, Raymond, we're all fellows here.
We know how it is.
116
00:07:12,234 --> 00:07:14,725
You're popping wood and she's
giving you the red light, right?
117
00:07:14,803 --> 00:07:16,533
I did not do that.
118
00:07:16,606 --> 00:07:18,267
No way.
Where were you today?
119
00:07:19,075 --> 00:07:22,135
On West 83,
making a shower pan.
120
00:07:22,946 --> 00:07:26,211
I'm gonna need that
contractor's number, all right?
121
00:07:30,621 --> 00:07:34,284
You're sure about the times?
Okay, thank you very much.
122
00:07:35,526 --> 00:07:38,552
Well, he got there at 10:00 a.
M., left just after 3:00.
123
00:07:38,629 --> 00:07:40,062
Had lunch on the premises.
124
00:07:40,131 --> 00:07:42,565
Well, he'll be relieved
to hear he didn't do it.
125
00:07:42,633 --> 00:07:44,465
Plan B, it was an inside job.
126
00:07:44,536 --> 00:07:45,901
The super said
Teresa's building
127
00:07:45,971 --> 00:07:47,700
was locked tighter than Fort Knox.
128
00:07:47,773 --> 00:07:51,607
Yeah, unlike this place.
The lock's busted. Anybody can get in.
129
00:07:51,676 --> 00:07:54,975
Question is, can you get
from this building to hers?
130
00:08:00,953 --> 00:08:02,648
If any of that
garbage from next door
131
00:08:02,722 --> 00:08:05,714
got into my building,
I want to kill him.
132
00:08:07,527 --> 00:08:09,119
What's in there?
133
00:08:09,195 --> 00:08:13,326
People used to keep their strollers in
there, but we don't use it anymore.
134
00:08:13,400 --> 00:08:14,799
It's locked.
135
00:08:30,618 --> 00:08:33,212
Hey, Lennie.
What's that?
136
00:08:33,822 --> 00:08:35,221
Could be a conduit.
137
00:08:35,290 --> 00:08:38,350
The city used to have pipes
running between the buildings.
138
00:08:38,426 --> 00:08:40,759
It isn't nailed,
just jammed in.
139
00:08:42,064 --> 00:08:43,156
Well?
140
00:08:45,067 --> 00:08:47,092
The boiler room next door.
141
00:08:51,507 --> 00:08:54,773
The bruise on her wrist
might be a restraint wound.
142
00:08:55,245 --> 00:08:56,769
What about the cut
on her throat?
143
00:08:56,847 --> 00:08:59,407
I've done worse
shaving my legs.
144
00:08:59,816 --> 00:09:01,750
It's probably a small
knife or scissors.
145
00:09:01,818 --> 00:09:04,446
You want to take a
flyer on how she died?
146
00:09:04,521 --> 00:09:06,182
Suffocation, possibly.
147
00:09:07,391 --> 00:09:11,293
There was petechial spotting on the
outer lining of her heart and lungs.
148
00:09:11,362 --> 00:09:13,353
That and a confession
gets you cause of death.
149
00:09:13,431 --> 00:09:15,626
We assumed there's
a sexual angle.
150
00:09:15,700 --> 00:09:18,032
No, I checked all
three ports of entry.
151
00:09:18,102 --> 00:09:20,502
No fluids, but the
cervix was bruised.
152
00:09:20,772 --> 00:09:22,433
Same timeframe as her death?
153
00:09:22,508 --> 00:09:25,671
I'd say during.
That's the whole point, isn't it?
154
00:09:26,144 --> 00:09:28,908
Raping her while she's
in the throes of death?
155
00:09:29,014 --> 00:09:30,641
It's not the same MO.
156
00:09:31,817 --> 00:09:34,342
A young woman
raped in her own bed
157
00:09:34,420 --> 00:09:36,547
in the middle of
the day at knifepoint.
158
00:09:37,357 --> 00:09:40,087
There's no evidence Darnell ever
tried to kill any of his victims.
159
00:09:40,159 --> 00:09:44,220
Maybe 18 years in prison
taught him not to leave any witnesses.
160
00:09:44,297 --> 00:09:47,630
And to leave his pillowcase at home?
Wasn't that his fetish?
161
00:09:47,700 --> 00:09:49,726
He found a new one. Death.
162
00:09:51,138 --> 00:09:53,038
I want him investigated.
163
00:09:53,107 --> 00:09:54,472
In the six weeks he's been out,
164
00:09:54,542 --> 00:09:57,636
he's made all his meetings with his
parole officer every morning at 8:00.
165
00:09:57,711 --> 00:09:59,975
He cuts sheet metal in the
village from 9:00 to 6:00.
166
00:10:00,047 --> 00:10:02,278
His PO says he's got a
perfect attendance record.
167
00:10:02,350 --> 00:10:04,978
He lives on West 50th with his
daughter and her two kids.
168
00:10:05,053 --> 00:10:07,453
His PO checks in with him
every night at 7:00.
169
00:10:07,522 --> 00:10:09,786
Have you talked to his boss yet?
Not yet.
170
00:10:09,858 --> 00:10:13,385
We're still checking on a few other
mutts in the victim's neighborhood.
171
00:10:13,461 --> 00:10:15,122
McCoy thinks
Darnell's a hot lead.
172
00:10:15,196 --> 00:10:17,427
Yeah, well, maybe the victim
profile's on the money,
173
00:10:17,500 --> 00:10:18,524
but from what I know,
174
00:10:18,601 --> 00:10:21,468
these deviants find something that
gets them off, like a pillowcase,
175
00:10:21,537 --> 00:10:22,799
they usually stick with it.
176
00:10:22,872 --> 00:10:25,705
Besides, the perp would have to
know that building to get in,
177
00:10:25,775 --> 00:10:27,402
and Darnell grew up in Ohio,
178
00:10:27,476 --> 00:10:30,344
and there's no record of him ever having
lived in that building as an adult.
179
00:10:30,414 --> 00:10:35,078
Except that 20 years ago, he committed
two rapes within five blocks of there.
180
00:10:35,519 --> 00:10:37,953
I guess we're talking
to his boss, huh?
181
00:10:38,021 --> 00:10:41,889
I've got five parolees working
for me, including my fianc�e.
182
00:10:42,025 --> 00:10:43,151
The blonde file clerk?
183
00:10:43,226 --> 00:10:46,663
Yeah. Twelve months in Bedford
for passing bad checks.
184
00:10:47,031 --> 00:10:48,623
The heart wants what it wants.
185
00:10:48,700 --> 00:10:50,133
Yeah, I guess if you're
gonna get cleaned out,
186
00:10:50,201 --> 00:10:51,793
it might as well
be by a pro, huh?
187
00:10:51,869 --> 00:10:54,429
So, is Lewis Darnell
invited to the wedding?
188
00:10:54,505 --> 00:10:58,067
He's here six weeks.
Not a big social mixer,
189
00:10:58,143 --> 00:10:59,701
but he's polite, he's helpful.
190
00:10:59,912 --> 00:11:01,243
So he can be an usher.
191
00:11:01,313 --> 00:11:03,440
Was he here all day on Wednesday?
Uh-huh.
192
00:11:03,749 --> 00:11:05,182
Except for lunch.
193
00:11:05,250 --> 00:11:07,912
The guys usually go down the
street to Feldman's Delicatessen.
194
00:11:07,987 --> 00:11:09,011
What time was that?
195
00:11:09,088 --> 00:11:10,988
We knock off
12:00 to 1:00.
196
00:11:11,056 --> 00:11:14,356
But Wednesday, Darnell said he had
to run an errand for his daughter.
197
00:11:14,427 --> 00:11:16,622
Came back about
20 minutes late.
198
00:11:16,696 --> 00:11:19,688
Oh, that poor girl!
It's so dangerous here.
199
00:11:19,766 --> 00:11:21,700
Look at my locks.
You think they're any good?
200
00:11:21,768 --> 00:11:24,396
Yeah, they're fine. Please, ma'am, if
you could just look at these pictures.
201
00:11:24,471 --> 00:11:25,564
I've got a chain, too.
202
00:11:25,640 --> 00:11:27,608
Maybe I should get a dog.
What do you think?
203
00:11:27,675 --> 00:11:31,270
I think you should tell me if you
saw any of these men on Wednesday.
204
00:11:31,345 --> 00:11:32,607
No, I've never seen them.
205
00:11:32,680 --> 00:11:35,444
How about for windows?
What do you recommend?
206
00:11:35,516 --> 00:11:37,074
Moving.
Look at each picture.
207
00:11:37,151 --> 00:11:39,052
No, I didn't see them.
208
00:11:39,187 --> 00:11:41,018
Did one of them
kill Teresa Perez?
209
00:11:41,089 --> 00:11:42,454
We don't know.
210
00:11:42,824 --> 00:11:45,884
She was nice.
I saw her that day in the basement.
211
00:11:45,961 --> 00:11:47,690
She was folding her laundry.
212
00:11:47,763 --> 00:11:51,494
She was sick, but she helped me
put my clothes in the dryer.
213
00:11:51,700 --> 00:11:53,032
It's so sad.
214
00:11:53,102 --> 00:11:55,002
Yeah, it is.
Okay, thanks.
215
00:11:56,339 --> 00:11:59,274
Wrong MO, no eyewitness,
and no murder weapon.
216
00:11:59,609 --> 00:12:00,940
This gets better all the time.
217
00:12:01,010 --> 00:12:04,446
The laundry in the girl's room,
did it look folded to you?
218
00:12:04,514 --> 00:12:07,211
What, the stuff in
the garbage bag? No.
219
00:12:10,621 --> 00:12:13,112
There's nothing remarkable
about the laundry itself.
220
00:12:13,190 --> 00:12:15,681
But I can tell you what brand
of fabric softener they use.
221
00:12:15,759 --> 00:12:17,158
Pass.
We're thinking the perp
222
00:12:17,227 --> 00:12:19,092
might've handled
the garbage bag.
223
00:12:19,163 --> 00:12:21,724
Latent found only
the victim's prints on it.
224
00:12:21,800 --> 00:12:25,702
But I noticed what looked like the
imprint of an ear in the plastic.
225
00:12:25,770 --> 00:12:29,501
I side-lit the bag to highlight any
indentations and took a photo.
226
00:12:29,574 --> 00:12:31,474
Want to dim the lights?
227
00:12:36,882 --> 00:12:38,747
Here's what showed up.
228
00:12:39,952 --> 00:12:43,581
I compared this image to the
autopsy photo of your victim.
229
00:12:46,425 --> 00:12:47,653
They match.
230
00:12:47,728 --> 00:12:49,457
Her face made an
impression on the bag
231
00:12:49,529 --> 00:12:51,360
while she was being suffocated.
232
00:12:51,431 --> 00:12:55,060
Looks like Darnell found a
bigger thrill than pillowcases.
233
00:13:01,576 --> 00:13:02,975
It still doesn't
prove anything.
234
00:13:03,044 --> 00:13:06,411
Unless we can put him in her
building, we're nowhere.
235
00:13:06,481 --> 00:13:07,539
What about his alibi?
236
00:13:07,615 --> 00:13:10,641
Well, the guy at the deli remembers
him getting a sandwich to go.
237
00:13:10,718 --> 00:13:12,982
Leaves him just over
an hour unaccounted for.
238
00:13:13,054 --> 00:13:15,387
Enough time to get to the
Perez place and back.
239
00:13:15,457 --> 00:13:19,985
Depends what his daughter says about
this so-called errand he did for her.
240
00:13:20,763 --> 00:13:22,162
Let me know.
241
00:13:25,634 --> 00:13:27,829
Dad picked up some
clippers I brought in to get fixed.
242
00:13:27,903 --> 00:13:29,201
There's a repair
shop near his work.
243
00:13:29,272 --> 00:13:30,432
Can't be that close.
244
00:13:30,507 --> 00:13:34,034
His supervisor says he was 20
minutes late getting back.
245
00:13:34,144 --> 00:13:35,406
So maybe he had to wait.
246
00:13:35,478 --> 00:13:38,743
Clipper repair, that's a
tax-deductible expense, right?
247
00:13:38,815 --> 00:13:41,113
Yeah.
So you have the receipt?
248
00:13:43,020 --> 00:13:45,011
Is there some problem with his
parole 'cause he was late?
249
00:13:45,089 --> 00:13:48,058
Oh, we don't get out of bed
for parole violations.
250
00:13:48,125 --> 00:13:49,820
See, Wednesday,
a young girl was raped
251
00:13:49,894 --> 00:13:52,692
and murdered on
the Lower East Side.
252
00:13:54,832 --> 00:13:58,360
And naturally you thought of my father.
He's not a murderer.
253
00:13:58,436 --> 00:14:00,233
He happens to be
a convicted rapist.
254
00:14:00,305 --> 00:14:02,068
Those are all lies.
255
00:14:02,307 --> 00:14:04,298
If you could see him with
my kids, you would realize
256
00:14:04,376 --> 00:14:05,775
that he's not that kind of man.
257
00:14:05,844 --> 00:14:08,836
Miss, you want to
look for the receipt?
258
00:14:11,250 --> 00:14:15,152
Cute photos. Who's this?
259
00:14:16,956 --> 00:14:20,323
That's my father, when he
was seven, with my grandma.
260
00:14:20,793 --> 00:14:22,624
He reminds me of my little boy.
261
00:14:22,695 --> 00:14:25,426
Lennie, the statue
in the background.
262
00:14:25,499 --> 00:14:26,830
Looks like Union Square.
263
00:14:27,668 --> 00:14:30,899
Was this taken in New York?
I don't know.
264
00:14:32,573 --> 00:14:36,942
Here it is. Right there.
The date, it's Wednesday.
265
00:14:38,279 --> 00:14:41,180
There's no time stamped on it.
He could've gone there after work.
266
00:14:41,249 --> 00:14:42,876
My father doesn't
get off work till 6:00.
267
00:14:42,951 --> 00:14:45,044
The repair shop closes
at 5:00, all right?
268
00:14:45,119 --> 00:14:48,384
Now, I've got customers waiting, okay?
Do you mind?
269
00:14:52,328 --> 00:14:56,094
Go to prison and win your daughter's
undying love. If only I'd known.
270
00:14:56,165 --> 00:14:57,291
So what do you
make of that picture?
271
00:14:57,366 --> 00:14:59,357
Darnell's file has
him growing up in Ohio.
272
00:14:59,435 --> 00:15:01,266
He's got a juvie record there.
273
00:15:01,370 --> 00:15:03,270
Well, where was he
before he got a record?
274
00:15:03,339 --> 00:15:05,569
Lewis Darnell, the lost years.
275
00:15:07,744 --> 00:15:09,439
Darnell's mother
was a war widow.
276
00:15:09,512 --> 00:15:11,742
She wasn't in any of
the old city directories,
277
00:15:11,815 --> 00:15:16,115
but Uncle Sam sent her GI survivor
benefits until she remarried in 1953
278
00:15:16,186 --> 00:15:17,278
and moved to Ohio.
279
00:15:17,354 --> 00:15:19,549
Until then, she shared
an apartment with her sister.
280
00:15:19,624 --> 00:15:21,649
In the building
next to Teresa Perez.
281
00:15:21,726 --> 00:15:25,218
What does Judge Richler say about
a search warrant for Darnell?
282
00:15:25,296 --> 00:15:27,958
He turned us down.
Darnell's connection to the building
283
00:15:28,032 --> 00:15:30,626
wasn't compelling enough
to support probable cause.
284
00:15:30,701 --> 00:15:32,601
He wants to know
how many other rapists
285
00:15:32,670 --> 00:15:35,231
lived in the building
in the last 50 years.
286
00:15:35,307 --> 00:15:38,003
Can't Darnell's parole
officer order a search?
287
00:15:38,076 --> 00:15:40,306
We can always ask.
Get on it.
288
00:15:40,913 --> 00:15:44,178
And I want him examined for
scratches and bite marks.
289
00:15:44,249 --> 00:15:46,979
If we're lucky, the
girl put up a fight.
290
00:15:47,353 --> 00:15:49,651
Do I look like
Sandra Day O'Connor?
291
00:15:49,722 --> 00:15:52,816
A judge already dinged the search warrant.
I can't overrule that.
292
00:15:52,892 --> 00:15:54,587
Maybe, if you'd
have come to me first.
293
00:15:54,661 --> 00:15:57,687
Hey, isn't busting your parolees'
chops part of your job?
294
00:15:57,764 --> 00:15:59,823
Unfortunately, only for cause.
295
00:15:59,899 --> 00:16:01,595
The judge said there isn't any.
296
00:16:01,769 --> 00:16:02,963
Should've talked to me first.
297
00:16:03,037 --> 00:16:06,234
See, I told you, Lennie.
It was a mistake listening to Ross.
298
00:16:06,307 --> 00:16:07,399
Who's that?
299
00:16:07,474 --> 00:16:10,204
Ah, she's an A.D.A.
, doesn't know her ass from her elbow.
300
00:16:10,277 --> 00:16:12,711
She's the one who had the bright
idea to take it to a judge.
301
00:16:12,780 --> 00:16:15,477
Yeah. I tried to tell her
there was a better way,
302
00:16:15,550 --> 00:16:18,383
but you know how
these pushy career women are.
303
00:16:18,453 --> 00:16:22,287
Yep. I work for one.
Look, I'd really like to help you guys.
304
00:16:22,590 --> 00:16:23,887
You know, I just
thought of something.
305
00:16:23,959 --> 00:16:26,223
Can you pull Darnell
in for a physical exam?
306
00:16:26,294 --> 00:16:30,629
Sure, if I suspect drug use.
Should I suspect drug use?
307
00:16:32,068 --> 00:16:33,433
Absolutely.
308
00:16:33,736 --> 00:16:36,204
I don't need
you to agree, Lewis.
309
00:16:36,272 --> 00:16:38,069
Drug use is a violation
of your parole.
310
00:16:38,140 --> 00:16:41,075
You are required to
submit to an examination.
311
00:16:41,177 --> 00:16:43,976
Fine. I'll pee in a cup
and I'll get out of here.
312
00:16:44,047 --> 00:16:46,174
After the doctor checks
you for needle marks.
313
00:16:46,249 --> 00:16:48,774
If you refuse, I'll violate
you right back to prison.
314
00:16:48,852 --> 00:16:52,288
He says the word, you're on
the next bus to Sing Sing.
315
00:17:02,000 --> 00:17:04,434
He had some minor cuts on
his hands and forearms,
316
00:17:04,502 --> 00:17:07,369
but that's normal for someone
who works with sheet metal.
317
00:17:07,438 --> 00:17:10,966
Other than that, there were no
scratches, nail gouges or bite marks.
318
00:17:11,043 --> 00:17:13,705
Bruises? Nothing consistent
with a struggle.
319
00:17:13,779 --> 00:17:17,078
But this bird has some peculiar habits.
Like what?
320
00:17:17,449 --> 00:17:19,508
Mr. Darnell has
no body hair.
321
00:17:19,585 --> 00:17:21,849
He told me he shaves it
for personal hygiene.
322
00:17:21,920 --> 00:17:23,912
Said it was a habit
he picked up in prison.
323
00:17:23,990 --> 00:17:26,220
Explains why we didn't find
any of his hair on the girl.
324
00:17:26,292 --> 00:17:30,353
Hey, if rape was my business, I'd
shave before going to work, too.
325
00:17:30,530 --> 00:17:34,660
Sounds like Mr. Darnell just gave
you cause to search his premises.
326
00:17:37,805 --> 00:17:39,739
Here you go, pal.
Go see Mommy. Thank you.
327
00:17:39,807 --> 00:17:41,741
Come here, Jared.
Come here, sweetie.
328
00:17:41,809 --> 00:17:43,970
Tami, can you take them over
to your place for a second?
329
00:17:44,045 --> 00:17:47,879
Sure. Let's go, kids.
We can watch cartoons at my place, okay?
330
00:17:49,984 --> 00:17:51,246
You've got no right to do this.
331
00:17:51,318 --> 00:17:52,377
Take it up with him.
332
00:17:52,454 --> 00:17:54,945
Uh, Detective. I found these
in a cupboard under the sink.
333
00:17:55,023 --> 00:17:56,183
A few pair missing.
334
00:17:56,258 --> 00:17:57,725
What? I use those
to color hair!
335
00:17:57,793 --> 00:18:00,853
What's the hair salon for,
coffee klatches? Bag it.
336
00:18:00,929 --> 00:18:05,263
Hey, Lennie, in here.
No trophies from the Perez girl,
337
00:18:06,736 --> 00:18:10,172
but I found his stroke material.
Check out the titles.
338
00:18:11,074 --> 00:18:15,340
"Of Female Bondage," "Get
On the Bitch," "Erase Her."
339
00:18:15,545 --> 00:18:19,380
Yeah, and in case his VCR is on
the fritz, he's got magazines.
340
00:18:20,217 --> 00:18:22,515
Page after page of rape scenes.
341
00:18:23,454 --> 00:18:25,786
So much for 18
years of therapy.
342
00:18:26,256 --> 00:18:30,659
What can I say? Some people like
vanilla, I like rocky road.
343
00:18:31,128 --> 00:18:33,723
Yeah. I look at pictures of
ice cream, I get hungry.
344
00:18:33,798 --> 00:18:36,164
Do these make
you hungry, Lewis?
345
00:18:43,074 --> 00:18:45,872
I learned in therapy
to control my urges.
346
00:18:46,879 --> 00:18:50,872
This material helps me
relieve the pressure
347
00:18:50,950 --> 00:18:53,214
so it won't preoccupy my thoughts.
348
00:18:53,486 --> 00:18:56,751
What you learned is a fancy way
to blow smoke up our ass, Lewis.
349
00:18:56,822 --> 00:19:00,816
I have myself under control.
I see a state shrink every week.
350
00:19:01,128 --> 00:19:05,121
Yeah? You tell him how you did that
Kojak number on your privates?
351
00:19:05,198 --> 00:19:06,256
That's about hygiene.
352
00:19:06,333 --> 00:19:09,860
It's about two body hairs found
in Deborah Rourke's bed.
353
00:19:11,037 --> 00:19:14,029
That's what got you
convicted the first time.
354
00:19:14,642 --> 00:19:16,803
So you didn't want to
make that mistake again.
355
00:19:16,878 --> 00:19:20,143
That's a long time ago.
I want to talk about today.
356
00:19:20,948 --> 00:19:24,941
I'm not under arrest,
but here I am.
357
00:19:25,019 --> 00:19:26,418
You're detaining me illegally.
358
00:19:26,654 --> 00:19:30,386
You're being detained at the
request of your parole officer.
359
00:19:30,959 --> 00:19:32,358
This is one hell of a system.
360
00:19:32,427 --> 00:19:35,692
Well, it wasn't designed
for your enjoyment, Lewis.
361
00:19:36,031 --> 00:19:39,296
You ever wear disposable gloves?
No.
362
00:19:40,002 --> 00:19:41,994
You sure? 'Cause
your prints were found
363
00:19:42,071 --> 00:19:44,062
on a box of gloves
in your kitchen.
364
00:19:44,140 --> 00:19:45,437
Perhaps I had to move it.
365
00:19:45,508 --> 00:19:48,375
What about your silver
penknife, where's that?
366
00:19:48,444 --> 00:19:49,433
I never had a penknife.
367
00:19:49,512 --> 00:19:50,774
Somebody saw you
with it at work.
368
00:19:50,847 --> 00:19:52,576
It's not in your locker,
it's not at home.
369
00:19:52,649 --> 00:19:55,379
I never owned one.
Anything else? Yeah.
370
00:19:57,955 --> 00:19:59,946
Teresa Perez.
Who?
371
00:20:00,257 --> 00:20:02,691
You'd know her better as the
girl you raped and murdered
372
00:20:02,760 --> 00:20:04,489
last Wednesday on
your lunch break.
373
00:20:04,562 --> 00:20:07,497
I did no such thing.
I was running errands.
374
00:20:07,565 --> 00:20:09,796
We know. You got a sandwich and
you picked up the clippers.
375
00:20:09,868 --> 00:20:11,859
What'd you do with
the rest of the time?
376
00:20:11,937 --> 00:20:13,700
I walked and I ate.
377
00:20:13,872 --> 00:20:15,897
Write down where you went.
378
00:20:19,244 --> 00:20:20,871
I don't remember.
379
00:20:21,146 --> 00:20:24,639
Ever been to 122A
East 11th Street?
380
00:20:24,717 --> 00:20:25,775
Doesn't ring a bell.
381
00:20:26,786 --> 00:20:30,882
Are you sure? It's next door to where Ms.
Perez lived.
382
00:20:31,724 --> 00:20:33,055
No, sorry.
383
00:20:33,326 --> 00:20:35,123
You never went
down to the basement?
384
00:20:35,194 --> 00:20:36,593
No.
385
00:20:37,231 --> 00:20:39,426
Not even when you were seven?
386
00:20:41,768 --> 00:20:44,328
I don't have a clear
memory of my childhood.
387
00:20:44,404 --> 00:20:48,204
So you don't remember climbing
through a hole in that basement?
388
00:20:48,275 --> 00:20:51,336
No. But you do
remember that basement, right?
389
00:20:51,946 --> 00:20:53,777
I don't want to talk anymore.
390
00:20:53,848 --> 00:20:55,406
It's not up for a vote.
391
00:20:55,516 --> 00:20:59,008
If you had anything on me, I'd
be under arrest right now.
392
00:20:59,087 --> 00:21:01,385
I don't care if you violate
me, I'm going home.
393
00:21:01,456 --> 00:21:03,253
Sit down.
Detective.
394
00:21:11,734 --> 00:21:13,201
Now arrest him!
395
00:21:13,269 --> 00:21:16,295
Hey, hump, you're in.
You just violated your parole.
396
00:21:16,372 --> 00:21:17,634
You have the
right to remain silent.
397
00:21:17,706 --> 00:21:21,165
Anything you say can and will be
used against you in a court of law.
398
00:21:23,713 --> 00:21:28,150
I can stall a hearing on his parole
violation for 90 days, but that's it.
399
00:21:28,652 --> 00:21:30,779
What are his chances at the hearing?
400
00:21:30,854 --> 00:21:33,483
Well, he was late for work and he
walked out of a police interview.
401
00:21:33,557 --> 00:21:36,549
In the world of parolees, gets
him the good citizen's award.
402
00:21:36,627 --> 00:21:40,154
Mr. Munro, I'd like to know
we're on the same page here.
403
00:21:41,365 --> 00:21:43,526
The object is to
keep him behind bars
404
00:21:43,601 --> 00:21:45,967
until we can make a
murder case against him.
405
00:21:46,037 --> 00:21:47,505
I'll talk to
the hearing officer,
406
00:21:47,572 --> 00:21:49,267
I'll show him your
file on the Perez girl,
407
00:21:49,341 --> 00:21:51,536
but I can't promise anything.
408
00:21:52,878 --> 00:21:55,540
Sounds like Darnell can start
planning his welcome home party.
409
00:21:55,614 --> 00:21:57,775
It's three months he
won't be on the hunt.
410
00:21:57,849 --> 00:22:00,114
Mr. McCoy?
This just came by messenger.
411
00:22:02,588 --> 00:22:05,216
Darnell filed a writ
of habeas corpus.
412
00:22:08,461 --> 00:22:11,430
Mr. Darnell's parole officer
signed off on his arrest.
413
00:22:11,497 --> 00:22:15,366
With a 400-pound gorilla named Jack
McCoy breathing down his neck.
414
00:22:15,436 --> 00:22:17,427
Your Honor, these
Mickey Mouse violations
415
00:22:17,504 --> 00:22:19,597
are a pretext to
keep my client in prison
416
00:22:19,673 --> 00:22:21,368
while Mr. McCoy
investigates a crime
417
00:22:21,442 --> 00:22:23,034
totally unrelated
to his parole.
418
00:22:23,110 --> 00:22:24,099
What crime is that?
419
00:22:24,178 --> 00:22:27,170
A brutal rape and murder committed with Mr.
Darnell's signature on it.
420
00:22:27,247 --> 00:22:28,772
It must've been in
disappearing ink.
421
00:22:28,850 --> 00:22:30,340
There's no evidence
he was involved.
422
00:22:30,418 --> 00:22:32,079
That's immaterial.
423
00:22:32,287 --> 00:22:35,347
His parole conditions require him
to cooperate with the authorities.
424
00:22:35,423 --> 00:22:37,323
He consented
to a physical exam.
425
00:22:37,392 --> 00:22:39,155
He consented to
an interrogation.
426
00:22:39,227 --> 00:22:41,890
He tried to leave.
After two hours of questioning.
427
00:22:41,964 --> 00:22:43,488
It does seem unreasonable, Mr.
McCoy.
428
00:22:43,566 --> 00:22:45,830
Your Honor, that's for a
parole hearing to determine.
429
00:22:45,901 --> 00:22:48,961
With all due respect, he doesn't
have a remedy in this court.
430
00:22:49,038 --> 00:22:51,768
He does, Your Honor, if
the detention is illegal.
431
00:22:51,841 --> 00:22:56,006
I agree. Mr. McCoy, I don't see a
significant parole violation here.
432
00:22:56,480 --> 00:22:58,971
I'm ordering
Mr. Darnell's release.
433
00:23:00,016 --> 00:23:01,142
Isn't it heartening?
434
00:23:01,218 --> 00:23:04,187
Even the rights of a disturbed
serial rapist are protected.
435
00:23:04,254 --> 00:23:06,017
How disturbed is he?
436
00:23:07,257 --> 00:23:10,921
There is a procedure for committing
dangerous people against their will.
437
00:23:10,995 --> 00:23:13,225
Maybe we've just been
in the wrong court.
438
00:23:13,297 --> 00:23:15,891
I've read the mental
hygiene law, Your Honor.
439
00:23:15,967 --> 00:23:18,128
There's no way my client
qualifies for commitment.
440
00:23:18,202 --> 00:23:20,762
He's a diagnosed serial rapist.
He's a danger to others.
441
00:23:20,838 --> 00:23:23,034
You don't even have standing
to make this application.
442
00:23:23,108 --> 00:23:25,633
Mr. Darnell's state-appointed
therapist does.
443
00:23:25,711 --> 00:23:28,407
Your Honor, he's trying
to use a civil statute
444
00:23:28,480 --> 00:23:30,414
to impose criminal
sanctions on my client.
445
00:23:30,482 --> 00:23:32,450
It's outrageous.
I'm within the letter of the law.
446
00:23:32,518 --> 00:23:35,009
No. Maybe within
the spirit, Mr. McCoy.
447
00:23:35,087 --> 00:23:36,953
Now, I'll hear arguments
Thursday morning.
448
00:23:37,023 --> 00:23:39,753
Mr. Darnell is scheduled for release
from Rikers this afternoon.
449
00:23:39,826 --> 00:23:42,260
I want him held for observation
until the hearing.
450
00:23:42,328 --> 00:23:46,059
That's fine with me.
Have the papers on my desk after lunch.
451
00:23:48,635 --> 00:23:51,036
I don't see
a problem, Elizabeth.
452
00:23:51,272 --> 00:23:53,934
His own therapist has agreed
to support the application.
453
00:23:54,008 --> 00:23:56,909
A therapist with 300
court-ordered clients.
454
00:23:57,011 --> 00:23:59,536
I doubt he could even pick
Darnell out of a lineup,
455
00:23:59,613 --> 00:24:02,639
and I doubt it ever occurred to him to have
him committed until you brought it up.
456
00:24:02,716 --> 00:24:05,652
Darnell rapes and kills.
Isn't that a sign something's wrong with him?
457
00:24:05,720 --> 00:24:07,210
Like it or not, his abnormality
458
00:24:07,289 --> 00:24:09,484
is not a recognized
mental illness.
459
00:24:09,558 --> 00:24:12,220
If you want to commit him, petition
the American Psychiatric Association,
460
00:24:12,294 --> 00:24:14,956
not a judge.
We're not reinventing the wheel here.
461
00:24:15,030 --> 00:24:17,692
Six states have laws
to commit sexual predators.
462
00:24:17,766 --> 00:24:20,827
And they're all being appealed
to the Supreme Court.
463
00:24:20,903 --> 00:24:24,999
Until the nine Supremes rule otherwise,
I'm having Darnell locked up.
464
00:24:25,074 --> 00:24:27,338
The same way the Soviets
filled the gulag.
465
00:24:27,410 --> 00:24:29,776
It's using psychiatry
to punish people.
466
00:24:29,846 --> 00:24:31,872
Hey!
It's legally brilliant.
467
00:24:31,949 --> 00:24:34,213
Bound to be a hit
with the public.
468
00:24:34,284 --> 00:24:36,115
And you've no
business doing it.
469
00:24:36,186 --> 00:24:38,620
You're an assistant
district attorney.
470
00:24:38,989 --> 00:24:42,083
You work in criminal term.
If you can't beat them there, that's it.
471
00:24:42,159 --> 00:24:43,854
That's the end of the story.
472
00:24:43,927 --> 00:24:46,624
You don't get psychiatrists to
front for you in civil term.
473
00:24:46,698 --> 00:24:48,689
I'm leaning on the police,
but it could be months
474
00:24:48,766 --> 00:24:52,133
before we have enough evidence
for a murder conviction.
475
00:24:52,203 --> 00:24:54,433
Where do you
want him until then?
476
00:24:54,506 --> 00:24:56,303
I'm on the side
of the angels here.
477
00:24:56,374 --> 00:24:58,706
If I can stretch
the mental hygiene law,
478
00:24:58,776 --> 00:25:03,077
it's worth doing to keep him off the street!
Hopefully for good.
479
00:25:07,386 --> 00:25:08,785
After examining his file,
480
00:25:08,854 --> 00:25:13,485
I'd say Mr. Darnell has a sexual
deviation known as preferential rape.
481
00:25:14,160 --> 00:25:17,391
He'd rather rape than have
a normal sexual encounter.
482
00:25:17,464 --> 00:25:20,956
He finds the force and fear
of rape sexually exciting.
483
00:25:21,768 --> 00:25:23,030
What provokes him?
484
00:25:23,103 --> 00:25:26,368
Any number of stress
factors. Work, family,
485
00:25:26,439 --> 00:25:28,374
even waiting in line
at the grocery store.
486
00:25:29,277 --> 00:25:32,735
The pressure builds until he
feels a compulsion to rape.
487
00:25:32,813 --> 00:25:34,610
After he does,
what happens?
488
00:25:34,682 --> 00:25:38,448
The pressures start to build again
and the cycle repeats itself.
489
00:25:38,519 --> 00:25:41,148
Is his abnormality treatable?
490
00:25:41,523 --> 00:25:44,151
Drugs can decrease
his sex drive.
491
00:25:44,226 --> 00:25:46,524
His arousal can
be reconditioned.
492
00:25:46,929 --> 00:25:49,762
But left untreated, do you agree with Mr.
Darnell's therapist
493
00:25:49,831 --> 00:25:51,264
that he'll continue to rape?
494
00:25:51,333 --> 00:25:53,130
Yes. I have no doubt.
495
00:25:53,468 --> 00:25:54,800
Thank you.
496
00:25:57,206 --> 00:26:01,734
Dr. Olivet, what's the characteristic
of my client's abnormality?
497
00:26:02,145 --> 00:26:03,976
He commits sex crimes.
498
00:26:04,047 --> 00:26:06,880
So he's abnormal because
he commits crimes.
499
00:26:07,483 --> 00:26:09,816
Can't the same be said
of a thief or a mugger?
500
00:26:09,887 --> 00:26:13,414
I don't know of any reported
case of compulsive mugging.
501
00:26:14,959 --> 00:26:16,392
The treatments you mentioned,
502
00:26:16,460 --> 00:26:20,089
are they effective in controlling
my client's abnormality?
503
00:26:20,497 --> 00:26:22,591
Yes, to varying degrees.
504
00:26:22,667 --> 00:26:24,726
In other words,
there's no meaningful,
505
00:26:24,803 --> 00:26:28,102
long-lasting treatment
for serial rapists, is there?
506
00:26:28,573 --> 00:26:30,097
No. There's no cure,
507
00:26:30,175 --> 00:26:32,837
and there's no guarantee
that he won't re-offend.
508
00:26:34,179 --> 00:26:35,271
Thank you.
509
00:26:35,347 --> 00:26:36,872
Before
they got divorced,
510
00:26:36,949 --> 00:26:39,747
my mom would take me
to visit him every month,
511
00:26:40,319 --> 00:26:42,651
and then later,
when I was older,
512
00:26:42,722 --> 00:26:46,180
I would go out by myself on
the train every other week.
513
00:26:50,731 --> 00:26:54,599
I waited 18 years to get my father back.
Now, he served his sentence,
514
00:26:54,668 --> 00:26:55,794
and I don't think
they should just be able
515
00:26:55,869 --> 00:26:59,202
to take him away again for
doing absolutely nothing.
516
00:26:59,506 --> 00:27:02,634
Would you describe your
father as loving and supportive?
517
00:27:02,709 --> 00:27:08,080
Yes. Yeah. He always told me to stay
in school and to get good grades,
518
00:27:08,850 --> 00:27:12,513
and after my divorce he encouraged
me to start my own business,
519
00:27:12,587 --> 00:27:15,112
and you should see
him with my kids.
520
00:27:15,323 --> 00:27:18,885
He plays with them and he
reads stories to them.
521
00:27:19,528 --> 00:27:22,258
Do you feel they're safe with him?
Yes.
522
00:27:22,331 --> 00:27:25,767
Yeah, of course.
Look, my father is a very gentle man.
523
00:27:27,069 --> 00:27:28,400
Thank you.
524
00:27:34,511 --> 00:27:38,447
Ms. Darnell, did you know
that this "gentle man"
525
00:27:39,983 --> 00:27:44,613
kept violent, sexually-explicit
magazines in his room?
526
00:27:45,990 --> 00:27:49,221
Those aren't real, Mr. McCoy.
Those women are models.
527
00:27:49,293 --> 00:27:53,093
It's fantasies. You can't lock
people up for their fantasies.
528
00:28:00,072 --> 00:28:02,563
I want you to
look at these photos.
529
00:28:05,177 --> 00:28:09,841
Those wounds aren't fantasies.
Those women aren't models.
530
00:28:11,483 --> 00:28:12,849
Those are your
father's victims.
531
00:28:12,919 --> 00:28:14,409
Objection.
532
00:28:15,088 --> 00:28:18,922
Goes to credibility, Your Honor.
I'll allow it. Go on.
533
00:28:22,195 --> 00:28:24,186
My father didn't do this.
534
00:28:27,201 --> 00:28:30,295
He told his prison therapist
that he raped them.
535
00:28:31,071 --> 00:28:32,936
He admitted his guilt
to the parole board.
536
00:28:33,006 --> 00:28:36,533
Because he had to, or they
would have never let him out.
537
00:28:38,011 --> 00:28:39,478
Did he tell you that he lied?
538
00:28:39,546 --> 00:28:40,707
No. He didn't
have to tell me.
539
00:28:40,782 --> 00:28:42,477
I just know he
never raped anybody.
540
00:28:42,550 --> 00:28:45,451
Then how do you account for
the evidence used to convict him?
541
00:28:46,688 --> 00:28:49,486
I have read where people
get convicted of rape,
542
00:28:49,557 --> 00:28:52,492
and then years later
they're found innocent.
543
00:28:53,094 --> 00:28:56,690
Experts make mistakes,
Mr. McCoy. Witnesses lie.
544
00:28:57,266 --> 00:29:00,167
Yes, Ms. Darnell,
and they can be deceived.
545
00:29:03,672 --> 00:29:07,938
The whole time in prison.
I conducted myself in a responsible way.
546
00:29:08,945 --> 00:29:11,914
That's why I was recommended
for early parole.
547
00:29:11,982 --> 00:29:13,040
While you were in prison,
548
00:29:13,116 --> 00:29:16,176
were you ever hospitalized
for psychiatric reasons?
549
00:29:16,253 --> 00:29:18,881
No, sir. - Did you
receive any kind of counseling?
550
00:29:18,955 --> 00:29:21,549
I volunteered
for group therapy.
551
00:29:21,625 --> 00:29:23,594
To change my
attitudes toward women
552
00:29:24,796 --> 00:29:29,529
and to learn how to express
emotions in constructive ways.
553
00:29:30,201 --> 00:29:32,635
Did you achieve those goals?
Yes.
554
00:29:34,038 --> 00:29:38,305
Your Honor, I spent
18 years in prison
555
00:29:39,745 --> 00:29:43,738
because Mr. McCoy said I had
a debt to pay to society.
556
00:29:45,717 --> 00:29:49,984
Well, I paid that debt.
I shouldn't have to pay it again.
557
00:29:52,058 --> 00:29:53,719
No more questions.
558
00:29:57,764 --> 00:29:59,561
Mr. Darnell,
when was the last time
559
00:29:59,632 --> 00:30:02,157
you had consensual
sex with a woman?
560
00:30:03,804 --> 00:30:05,704
I don't know.
Oh, come on.
561
00:30:06,841 --> 00:30:10,299
You were released from prison
more than two months ago.
562
00:30:10,911 --> 00:30:15,439
By your own admission, you're
now a healthy, normal male.
563
00:30:18,253 --> 00:30:21,051
The opportunity must've
presented itself.
564
00:30:22,757 --> 00:30:24,224
Yes, I had sex.
565
00:30:24,292 --> 00:30:26,385
Really? Who with?
566
00:30:27,829 --> 00:30:28,818
I don't know her name.
567
00:30:28,897 --> 00:30:31,833
Did she help you act
out your rape fantasies?
568
00:30:31,968 --> 00:30:35,165
No, sir.
Did she charge extra for the pillow case?
569
00:30:35,238 --> 00:30:37,103
Objection.
Withdrawn.
570
00:30:39,475 --> 00:30:42,842
Mr. Darnell, the truth is, you
haven't changed at all, have you?
571
00:30:42,912 --> 00:30:44,904
No, I have changed.
How?
572
00:30:45,249 --> 00:30:47,774
You still have fantasies
about rape, don't you?
573
00:30:47,851 --> 00:30:49,978
That's just in my head.
So,
574
00:30:50,821 --> 00:30:53,688
you think about it constantly?
No, sir.
575
00:30:53,991 --> 00:30:56,482
But you still have
the urge to rape.
576
00:30:56,560 --> 00:30:59,962
I am not interested
in raping anyone!
577
00:31:00,031 --> 00:31:01,794
In prison, I learned
to control myself.
578
00:31:02,033 --> 00:31:05,400
In prison there were no women
available, were there?
579
00:31:05,503 --> 00:31:07,334
I'm controlling
myself out here, too.
580
00:31:07,405 --> 00:31:09,805
By sheer force of will?
Yes.
581
00:31:09,874 --> 00:31:11,171
That works for you,
582
00:31:11,242 --> 00:31:14,144
despite all the medical
evidence to the contrary?
583
00:31:15,080 --> 00:31:16,069
Yes.
584
00:31:16,148 --> 00:31:21,415
Even though you still are turned
on by depictions of rape?
585
00:31:22,588 --> 00:31:26,923
Yes. Despite your
history of 13 rapes?
586
00:31:28,561 --> 00:31:30,495
Despite being
investigated for the rape
587
00:31:30,563 --> 00:31:33,361
and murder of Teresa
Perez two weeks ago?
588
00:31:33,433 --> 00:31:34,661
I had nothing to do with that.
589
00:31:34,734 --> 00:31:39,501
You're saying that you can control
yourself for the rest of your life?
590
00:31:39,606 --> 00:31:41,404
That's what I'm saying.
You're lying.
591
00:31:41,475 --> 00:31:42,464
Objection.
592
00:31:42,543 --> 00:31:47,446
You lied to the parole board, you
lied to your prison psychiatrist,
593
00:31:47,515 --> 00:31:49,039
you even lied to
your own daughter.
594
00:31:49,116 --> 00:31:50,913
Sustained, Mr. McCoy.
595
00:31:50,985 --> 00:31:54,319
You want me locked up because
of something I might do.
596
00:31:54,389 --> 00:31:57,017
You can't do that!
It isn't right!
597
00:31:57,659 --> 00:32:00,822
You roaming the streets
isn't right, Mr. Darnell.
598
00:32:00,963 --> 00:32:02,294
Mr. McCoy!
599
00:32:03,932 --> 00:32:07,197
Withdrawn. I'm through
with this witness.
600
00:32:17,080 --> 00:32:20,811
Even if we grant that Mr.
Darnell is a serial rapist
601
00:32:20,883 --> 00:32:23,318
and suffers from
a compulsion to rape,
602
00:32:23,387 --> 00:32:25,685
Mr. McCoy still has no
right to lock him up.
603
00:32:25,756 --> 00:32:28,088
I don't understand,
Mr. Granick.
604
00:32:28,392 --> 00:32:31,486
Mr. McCoy has
a medical justification,
605
00:32:31,562 --> 00:32:33,462
and he can prove
a continuing threat.
606
00:32:34,365 --> 00:32:37,199
Isn't that what the mental
hygiene law envisions?
607
00:32:37,268 --> 00:32:41,102
The statute mandates commitment
for the purpose of treatment
608
00:32:41,406 --> 00:32:44,204
with the expectation
of eventual release.
609
00:32:44,709 --> 00:32:46,233
The people's own
witnesses concede
610
00:32:46,311 --> 00:32:49,042
there is no cure
for serial rapists.
611
00:32:49,148 --> 00:32:52,948
Mr. McCoy is seeking indefinite
confinement for my client.
612
00:32:53,119 --> 00:32:55,587
That's a gross violation of the
Eighth Amendment prohibition
613
00:32:55,654 --> 00:32:57,053
against cruel and
unusual punishment.
614
00:32:57,123 --> 00:32:59,353
If he's dangerous
and incurable,
615
00:32:59,425 --> 00:33:00,915
all the more reason
to commit him.
616
00:33:00,993 --> 00:33:02,620
Commit him because
he can't be cured.
617
00:33:02,695 --> 00:33:05,256
He can't be cured,
so don't commit him.
618
00:33:05,332 --> 00:33:06,924
This is a catch-22,
gentlemen.
619
00:33:07,000 --> 00:33:10,436
It's Mr. McCoy looking for a second
bite at the confinement apple.
620
00:33:10,504 --> 00:33:12,995
Mr. Darnell has already
served his time in prison.
621
00:33:13,073 --> 00:33:15,200
Your Honor, the mental
hygiene law can be applied
622
00:33:15,275 --> 00:33:17,972
as broadly or as
narrowly as you see fit.
623
00:33:18,046 --> 00:33:21,846
We have a chance here to take a
serial rapist off the street,
624
00:33:22,316 --> 00:33:26,218
to offer him some measure of
treatment, and to protect society.
625
00:33:26,287 --> 00:33:28,448
Your Honor, if you
grant this application,
626
00:33:28,523 --> 00:33:30,651
it will not stop
at serial rapists.
627
00:33:30,726 --> 00:33:32,887
Anybody that they can't
convict in criminal court,
628
00:33:32,961 --> 00:33:34,087
they'll ship off to Bellevue.
629
00:33:34,163 --> 00:33:37,155
There's no slippery slope here, Your Honor.
This is sui generis.
630
00:33:37,232 --> 00:33:40,395
Mr. Darnell is an exceptional
and egregious case.
631
00:33:40,736 --> 00:33:41,862
Thank you, Counselors.
632
00:33:41,937 --> 00:33:43,529
I'll certainly consider
your arguments
633
00:33:43,605 --> 00:33:45,801
and render a decision
when we reconvene.
634
00:33:45,875 --> 00:33:48,275
Court will recess until
3:00 this afternoon.
635
00:33:51,648 --> 00:33:55,516
The Supreme Court is presently
considering in Kansas v. Hendricks
636
00:33:55,585 --> 00:33:57,610
the very issues
that you raised.
637
00:33:57,687 --> 00:34:01,215
I'm loathe to precede Mr.
Rehnquist and his brethren
638
00:34:01,292 --> 00:34:03,055
into uncharted territory.
639
00:34:04,028 --> 00:34:06,963
Mr. McCoy, what you
propose is very tempting,
640
00:34:07,298 --> 00:34:09,425
but I suspect very perilous.
641
00:34:10,134 --> 00:34:12,729
I'm going to deny
your application.
642
00:34:12,804 --> 00:34:15,295
Mr. Darnell is ordered
released forthwith.
643
00:34:17,642 --> 00:34:20,406
No! No! No!
644
00:34:32,024 --> 00:34:34,515
We conducted
nearly 300 interviews,
645
00:34:34,727 --> 00:34:37,890
we showed his photo to everyone
in the girl's neighborhood,
646
00:34:37,964 --> 00:34:41,833
we canvassed subway stations,
bus stops, cab companies.
647
00:34:42,302 --> 00:34:44,429
The man blends in
like warm butter.
648
00:34:44,505 --> 00:34:48,032
I want follow-up interviews.
And keep showing his photo.
649
00:34:48,175 --> 00:34:49,608
That's the plan.
650
00:34:49,676 --> 00:34:53,807
Forensics compared every kind of
fiber from Darnell's work and home,
651
00:34:54,015 --> 00:34:57,951
from clothing to carpeting, to
what was found at the Perez place.
652
00:34:58,019 --> 00:35:00,817
Nothing matched.
That's not good enough.
653
00:35:02,023 --> 00:35:03,581
I beg your pardon?
654
00:35:03,658 --> 00:35:05,319
You've had this case for weeks.
655
00:35:05,894 --> 00:35:07,419
You haven't given me a
single piece of evidence
656
00:35:07,496 --> 00:35:09,225
I can hang
an arrest warrant on.
657
00:35:09,298 --> 00:35:11,892
Mr. McCoy, when my
detectives get back
658
00:35:11,967 --> 00:35:13,559
from their needlepoint classes,
659
00:35:13,736 --> 00:35:16,534
I'll put them on
the case. Anything else?
660
00:35:16,705 --> 00:35:20,870
Yes. Starting today, I want
round-the-clock surveillance on Darnell.
661
00:35:25,148 --> 00:35:27,082
That was some
motivational speech.
662
00:35:27,150 --> 00:35:30,347
Soon as we convict Darnell,
I'll send her flowers.
663
00:35:30,754 --> 00:35:33,814
Open the case before the grand
jury and let's get them busy.
664
00:35:33,890 --> 00:35:34,880
Doing what?
665
00:35:34,959 --> 00:35:39,362
Start by subpoenaing everyone Darnell's
talked to in the last six weeks.
666
00:35:39,764 --> 00:35:42,130
And I want a summary of the
Sex Offender Registration Act
667
00:35:42,200 --> 00:35:43,667
on my desk by tomorrow morning.
668
00:35:43,734 --> 00:35:44,860
Megan's Law?
669
00:35:44,936 --> 00:35:48,201
I'm gonna give Darnell something
to think about besides rape.
670
00:35:48,272 --> 00:35:51,572
By the time I'm through,
he'll run back to Sing Sing.
671
00:35:51,643 --> 00:35:54,009
We've got a warrant to search Mr.
Darnell's locker.
672
00:35:54,079 --> 00:35:56,240
Again? We're still
looking for a penknife.
673
00:35:56,315 --> 00:35:58,613
You mind showing
these officers the way?
674
00:35:58,684 --> 00:36:00,948
The warrant's also good
to search your work area,
675
00:36:01,019 --> 00:36:04,751
which pretty much covers the entire place.
Start right here.
676
00:36:04,958 --> 00:36:09,258
Okay! Everybody gather
around for mail call.
677
00:36:09,929 --> 00:36:13,126
Do we have a Christopher White here?
Right here.
678
00:36:13,399 --> 00:36:16,062
Here you go. It's an invitation
from the grand jury.
679
00:36:16,136 --> 00:36:20,539
They want to talk to you about your
friendly neighborhood serial rapist.
680
00:36:20,708 --> 00:36:22,676
Neal Dawson?
Yeah, that's me.
681
00:36:22,743 --> 00:36:26,941
Neal. Anybody who doesn't show
up gets cited for contempt.
682
00:36:27,414 --> 00:36:30,851
I'm sure you'll all want to thank
your friend Lewis in a big way.
683
00:36:30,919 --> 00:36:32,477
Rob McAllister?
684
00:36:33,822 --> 00:36:36,188
We're finished with the search.
Sorry for the bother.
685
00:36:36,258 --> 00:36:38,658
What about this?
You're dragging my neighbors into court.
686
00:36:38,727 --> 00:36:40,092
It's not court,
it's the grand jury.
687
00:36:40,161 --> 00:36:42,789
Yeah, well, I don't give a damn what you call it.
This is harassment.
688
00:36:42,864 --> 00:36:45,231
We're conducting
a lawful investigation.
689
00:36:45,301 --> 00:36:46,700
You live with a rapist
and a murderer,
690
00:36:46,769 --> 00:36:49,101
you have to put up with a
few minor inconveniences.
691
00:36:49,171 --> 00:36:51,503
This might be lawful
in Peking or in Havana,
692
00:36:51,574 --> 00:36:53,371
but we're talking about
New York City here!
693
00:36:53,442 --> 00:36:56,605
Look. Look at this!
Look at this crap!
694
00:36:57,213 --> 00:36:59,614
You've got our phone number
and our address on here!
695
00:36:59,683 --> 00:37:00,877
You have no right to do this!
696
00:37:00,951 --> 00:37:03,283
That didn't come from the
department or the D.A.'s office.
697
00:37:03,353 --> 00:37:05,480
Yeah? Whoever did this got the
information from somewhere.
698
00:37:05,555 --> 00:37:08,683
Hey, Megan's Law says we have
to inform local agencies
699
00:37:08,759 --> 00:37:11,023
that there's a sex offender
living in their area.
700
00:37:11,094 --> 00:37:14,292
You got a problem with that,
call Governor Pataki.
701
00:37:26,211 --> 00:37:31,740
Hey, Lewis! Look at you.
Twenty-five blocks and hardly a drop of sweat.
702
00:37:32,651 --> 00:37:33,913
I guess all that
walking around the yard
703
00:37:33,986 --> 00:37:36,011
in Sing Sing
really paid off, huh?
704
00:37:36,088 --> 00:37:39,058
So, what's the matter? Your local bodega
ran out of your favorite breakfast drink?
705
00:37:39,125 --> 00:37:43,061
Hey, Rey, look what
I found on the floor.
706
00:37:43,129 --> 00:37:44,255
Must have fallen off the board.
707
00:37:46,199 --> 00:37:49,225
You know, that's a
really good likeness, Lewis.
708
00:37:54,809 --> 00:37:56,401
He was
hounded from his job.
709
00:37:56,477 --> 00:37:58,536
He hasn't been able to
find a new employer.
710
00:37:58,612 --> 00:38:00,239
His face has been plastered
all over the West Side.
711
00:38:00,314 --> 00:38:02,305
He's a virtual pariah
in his neighborhood.
712
00:38:02,383 --> 00:38:05,079
He has no choice but to apply
for a change of residence.
713
00:38:05,152 --> 00:38:07,087
Who do you know
in Binghamton, Lewis?
714
00:38:07,155 --> 00:38:08,315
A cousin.
715
00:38:08,557 --> 00:38:13,119
He owns a pizzeria. He said he can
give me a job making deliveries.
716
00:38:13,829 --> 00:38:18,596
Mr. Munro, I notified the Broome
County District Attorney's office.
717
00:38:19,301 --> 00:38:21,770
He plans to oppose
his relocation.
718
00:38:22,372 --> 00:38:24,840
Lewis, is there anywhere
else in New York State?
719
00:38:24,907 --> 00:38:28,343
We sent notifications to every
county in the state. No one wants him.
720
00:38:28,411 --> 00:38:32,142
Mr. Darnell's been in contact
with a relative outside Akron.
721
00:38:32,215 --> 00:38:35,049
Yes. George Radford
in Greensburg.
722
00:38:36,520 --> 00:38:40,513
The Summit County D.A. Doesn't want Mr.
Darnell in his jurisdiction, either.
723
00:38:40,591 --> 00:38:42,252
How did you know about Radford?
724
00:38:42,326 --> 00:38:45,159
We have a court-approved wiretap
on your client's phone.
725
00:38:45,229 --> 00:38:49,098
Now, if Mr. Darnell finds life
in New York so intolerable,
726
00:38:49,968 --> 00:38:52,493
he can live on the grounds of
the Camp Gabriel's work farm.
727
00:38:52,570 --> 00:38:54,128
I'm not going back to prison.
728
00:38:54,205 --> 00:38:57,504
You wouldn't be an inmate.
You'd be on work release.
729
00:38:57,809 --> 00:39:00,972
Work where?
It's in the middle of the damn woods.
730
00:39:01,513 --> 00:39:02,776
Screw your work release.
731
00:39:02,848 --> 00:39:04,577
Knock it off, Lewis.
732
00:39:04,884 --> 00:39:07,409
Mr. Granick, my hands
are tied here.
733
00:39:07,953 --> 00:39:10,285
Until Lewis comes up with a
community willing to take him,
734
00:39:10,356 --> 00:39:12,449
I have to deny his request.
735
00:39:17,964 --> 00:39:19,693
You son of a bitch!
736
00:39:20,634 --> 00:39:23,228
I'm warning you.
You better step off, you understand?
737
00:39:23,303 --> 00:39:25,430
You leave me the hell alone!
738
00:39:25,639 --> 00:39:29,200
There's only three ways that's
gonna happen, Mr. Darnell.
739
00:39:29,444 --> 00:39:34,074
Either you'll kill me, kill
yourself or go back to prison.
740
00:39:39,020 --> 00:39:42,478
Here's one from the director
of the division of parole.
741
00:39:42,557 --> 00:39:46,824
You're interfering with the proper
administration of their field services.
742
00:39:46,895 --> 00:39:49,921
It was their brilliant idea to grant
him parole in the first place.
743
00:39:49,998 --> 00:39:52,899
Save your witticisms for
the police commissioner.
744
00:39:52,968 --> 00:39:57,463
His office thinks that your little
operation is costing too much overtime.
745
00:39:57,674 --> 00:40:01,303
I'm prosecuting a murder.
I'm not looking to save pennies.
746
00:40:01,678 --> 00:40:04,078
By the way, how is that case going?
747
00:40:04,147 --> 00:40:06,240
He hasn't led his police escort
748
00:40:06,316 --> 00:40:08,284
to a secret stash of evidence?
749
00:40:08,651 --> 00:40:09,640
I'm stunned.
750
00:40:09,719 --> 00:40:11,813
What am I supposed to do, Adam?
751
00:40:11,889 --> 00:40:14,221
Darnell won't oblige
me with a confession.
752
00:40:15,292 --> 00:40:18,261
I need to tell these
people what you're doing
753
00:40:18,329 --> 00:40:20,126
serves some legitimate purpose.
754
00:40:20,297 --> 00:40:23,095
I'm pushing hard to break a suspect.
Is that good enough?
755
00:40:25,804 --> 00:40:27,999
Darnell isn't going
back to prison quietly.
756
00:40:28,073 --> 00:40:30,564
He got the Southern District Court
to issue a restraining order.
757
00:40:30,642 --> 00:40:33,110
How bad is it?
He's putting us out of business.
758
00:40:33,178 --> 00:40:35,078
And he's got the
A.C.L.U. On board.
759
00:40:35,146 --> 00:40:36,704
A. C... Oh, boy.
760
00:40:41,220 --> 00:40:46,385
Forty-seven subpoenas, six search
warrants, three wiretap warrants,
761
00:40:46,459 --> 00:40:48,791
24-hour surveillance.
It's abusive.
762
00:40:48,861 --> 00:40:50,226
It's entirely within the scope
763
00:40:50,296 --> 00:40:52,663
of my prosecutorial authority.
764
00:40:53,033 --> 00:40:54,660
Your Honor,
an independent magistrate
765
00:40:54,735 --> 00:40:56,168
signed off on each
and every warrant.
766
00:40:56,236 --> 00:40:58,864
The Gambinos never got this
kind of attention, Your Honor.
767
00:40:58,939 --> 00:41:01,100
Mr. McCoy, is there
a realistic hope
768
00:41:01,174 --> 00:41:03,199
of uncovering
relevant evidence here?
769
00:41:03,277 --> 00:41:06,270
We're looking for the
knife used in the crime,
770
00:41:06,481 --> 00:41:08,574
the clothes worn
by Mr. Darnell,
771
00:41:08,650 --> 00:41:10,914
and any person he might've
spoken to about the crime.
772
00:41:10,985 --> 00:41:12,612
Some of these
witnesses have been called
773
00:41:12,687 --> 00:41:15,178
before the grand
jury four times.
774
00:41:15,256 --> 00:41:17,486
Mr. Darnell's home
and workplace have been
775
00:41:17,559 --> 00:41:18,992
searched on three
separate occasions.
776
00:41:19,060 --> 00:41:20,050
When does this stop?
777
00:41:20,129 --> 00:41:22,654
When I'm satisfied all
leads have been exhausted.
778
00:41:22,731 --> 00:41:25,996
I don't take a lot of comfort
from that, Mr. McCoy,
779
00:41:26,302 --> 00:41:28,463
but Mr. Granick, I don't
see where your client's
780
00:41:28,537 --> 00:41:30,368
civil rights
have been violated,
781
00:41:30,439 --> 00:41:32,600
no matter what the A.C.L.
U. May have told you.
782
00:41:32,675 --> 00:41:35,645
With due respect, Your Honor,
you're missing the big picture.
783
00:41:35,712 --> 00:41:37,976
Now Mr. Darnell's name,
address and prison record
784
00:41:38,048 --> 00:41:39,709
have been distributed
throughout his neighborhood
785
00:41:39,783 --> 00:41:42,274
and made available
on a 900 number.
786
00:41:42,652 --> 00:41:44,677
Now, the neighborhood watch,
school boards, women's groups
787
00:41:44,754 --> 00:41:45,778
have all been
notified of the same...
788
00:41:45,855 --> 00:41:49,121
All of which is required under the
Sex Offender Registration Act.
789
00:41:49,193 --> 00:41:51,286
It's a high-tech
scarlet letter.
790
00:41:51,362 --> 00:41:53,193
Now, the state
punished Mr. Darnell once.
791
00:41:53,264 --> 00:41:55,698
It shouldn't have the right to punish
him again for the same crimes.
792
00:41:55,766 --> 00:41:58,997
This is not punishment.
It's fair warning to his neighbors.
793
00:41:59,070 --> 00:42:03,440
Mr. McCoy, my legal sense tells
me you're treading pretty close
794
00:42:03,508 --> 00:42:06,033
to an injudicious use
of prosecutorial power.
795
00:42:06,111 --> 00:42:09,376
I'm simply using the tools the
state has made available to me.
796
00:42:09,448 --> 00:42:13,145
Yes, you are. And I'm gonna be
watching you very carefully.
797
00:42:14,386 --> 00:42:16,514
Mr. Granick, the restraining
order is lifted
798
00:42:16,589 --> 00:42:19,752
and your application for
an injunction is denied.
799
00:42:20,660 --> 00:42:22,628
Step lightly, Mr. McCoy.
800
00:42:25,098 --> 00:42:28,761
"9:00 a.m. Subject exited
premises to purchase a newspaper.
801
00:42:29,303 --> 00:42:32,670
"2:26 p.m. Subject exited
premises for cigarettes.
802
00:42:33,240 --> 00:42:37,040
"2:29 p.m. Subject looked in the
direction of the surveillance car
803
00:42:37,111 --> 00:42:39,375
"and made an
obscene gesture."
804
00:42:39,446 --> 00:42:41,607
At least he's keeping
his sense of humor.
805
00:42:41,782 --> 00:42:42,807
Somebody isn't.
806
00:42:42,884 --> 00:42:46,285
About once a day his daughter
comes by to spit on the car.
807
00:42:46,755 --> 00:42:48,950
I'm sorry she's caught
in the middle of this.
808
00:42:49,024 --> 00:42:51,288
Counselor, this
turning of the screws,
809
00:42:51,359 --> 00:42:53,327
is this an
open-ended arrangement?
810
00:42:53,395 --> 00:42:55,386
That's up to
Mr. Darnell.
811
00:42:56,766 --> 00:42:59,360
The girl told her mother
just a few days ago.
812
00:42:59,435 --> 00:43:00,766
Why did she wait so long?
813
00:43:00,836 --> 00:43:02,064
She didn't want
her mother to know
814
00:43:02,138 --> 00:43:03,628
she'd ditched school that day,
815
00:43:03,706 --> 00:43:06,300
but when she saw the posters,
she recognized Darnell,
816
00:43:06,375 --> 00:43:08,605
decided to do the right thing.
817
00:43:11,982 --> 00:43:15,076
Ms. Ross is from the
district attorney's office.
818
00:43:16,119 --> 00:43:18,644
Why don't you tell
her what happened?
819
00:43:18,722 --> 00:43:21,350
It was last month.
Natalie was home from school.
820
00:43:21,425 --> 00:43:24,156
She was in the kitchen.
She heard noises at the front door.
821
00:43:24,228 --> 00:43:25,889
Natalie, tell her.
822
00:43:26,130 --> 00:43:29,759
Someone was jiggling the lock.
823
00:43:29,834 --> 00:43:31,768
I saw it was that
man through the hole.
824
00:43:32,537 --> 00:43:36,803
He said that the super wanted
him to check the radiators.
825
00:43:36,974 --> 00:43:40,604
He kept asking her to open the door.
Tell them what you said.
826
00:43:40,679 --> 00:43:42,340
I told him that if
he didn't go away,
827
00:43:42,414 --> 00:43:46,180
I'd call the cops.
That scared him off.
828
00:43:46,885 --> 00:43:50,446
It's that man. He's sick.
You gotta put him back in jail.
829
00:43:51,457 --> 00:43:52,789
Thank you.
830
00:43:54,527 --> 00:43:58,258
At the very least, it's attempted trespass.
We can violate Darnell.
831
00:43:58,331 --> 00:44:01,129
And we can have this girl arrested
for impersonating a witness.
832
00:44:01,201 --> 00:44:03,101
She might as well have been
reading off a teleprompter.
833
00:44:03,169 --> 00:44:05,661
Hey, look, McCoy's been
pushing us hard for a break.
834
00:44:05,740 --> 00:44:07,105
This one just walked in.
835
00:44:07,174 --> 00:44:10,735
If he wants to look behind the
curtain, that's up to him.
836
00:44:11,312 --> 00:44:14,008
Check out her story
and get back to me.
837
00:44:14,882 --> 00:44:16,873
The school had a note on
file from the girl's mother
838
00:44:16,951 --> 00:44:19,250
for the same day the girl
claims she ditched school.
839
00:44:19,321 --> 00:44:21,289
It was for a dentist's appointment
she had during lunch.
840
00:44:21,356 --> 00:44:22,914
That note's probably a fake.
841
00:44:22,991 --> 00:44:24,720
The school verified
the mother's signature.
842
00:44:24,793 --> 00:44:26,124
What does
the dentist say?
843
00:44:26,194 --> 00:44:28,458
He confirmed there was
an appointment that day.
844
00:44:28,530 --> 00:44:30,760
So the girl went home
instead of the dentist's.
845
00:44:30,832 --> 00:44:33,267
They seem to remember
she had her cavities filled.
846
00:44:33,336 --> 00:44:34,462
"Seem to remember."
847
00:44:34,537 --> 00:44:35,697
What does the girl say?
848
00:44:35,772 --> 00:44:37,797
She and her mother swear
they changed the appointment,
849
00:44:37,874 --> 00:44:39,842
but I think
it's a non-starter.
850
00:44:39,909 --> 00:44:43,242
Well, if this lie doesn't get Mr.
Darnell out of the neighborhood,
851
00:44:43,312 --> 00:44:44,904
try a lynch mob.
852
00:44:44,981 --> 00:44:46,505
If there's evidence
they're lying,
853
00:44:46,582 --> 00:44:49,279
it's up to Darnell's lawyer
to present it to a jury.
854
00:44:49,353 --> 00:44:51,116
You want to arrest him?
855
00:44:51,188 --> 00:44:52,382
You'll do nothing of the kind.
856
00:44:52,456 --> 00:44:55,983
The girl's story is credible on its face.
My evidentiary burden is met.
857
00:44:56,059 --> 00:44:59,551
I don't care. You can thumb
your nose at a federal judge,
858
00:44:59,630 --> 00:45:01,121
but I won't let
you drag the law
859
00:45:01,199 --> 00:45:02,996
through a sewer to catch a rat.
860
00:45:03,067 --> 00:45:05,797
It's not worth it.
To put him back in his box?
861
00:45:05,870 --> 00:45:08,566
We arrest him now, it'll be six
months before a jury sorts it out.
862
00:45:08,640 --> 00:45:11,666
Stop. Listen to
what you're suggesting.
863
00:45:12,777 --> 00:45:17,806
An arrest you know is false.
The inquisition is over.
864
00:45:24,857 --> 00:45:28,054
I'm sorry, Jack.
I should've kept my mouth shut.
865
00:45:28,929 --> 00:45:30,920
It's okay. He's right.
866
00:45:31,164 --> 00:45:35,123
Mr. McCoy, Detective Briscoe's on line one.
He said it's urgent.
867
00:45:39,139 --> 00:45:40,663
She was on her way
to her apartment
868
00:45:40,740 --> 00:45:42,002
when she saw the door was open.
869
00:45:42,075 --> 00:45:44,670
She heard noises inside,
so she came in.
870
00:45:44,745 --> 00:45:47,111
The baseball bat was
in the umbrella stand.
871
00:45:50,484 --> 00:45:54,113
He was on top of her friend.
He had a knife to her throat,
872
00:45:54,589 --> 00:45:56,683
and that bag over her face.
873
00:45:56,758 --> 00:45:59,226
She took two
major-league swings.
874
00:45:59,294 --> 00:46:01,524
One to the right temple,
one to the forehead.
875
00:46:02,264 --> 00:46:04,129
Her friend's in there.
876
00:46:04,466 --> 00:46:07,765
She's got trauma from the rape
and the partial suffocation.
877
00:46:07,836 --> 00:46:10,067
E.M.S. Says she'll be
all right, considering.
878
00:46:10,139 --> 00:46:13,233
I guess the pressure got to Darnell.
He had no place else to go.
879
00:46:13,309 --> 00:46:15,209
Where is she?
In here.
880
00:46:37,268 --> 00:46:39,464
We'll get her statement
back at the squad room.
881
00:46:39,537 --> 00:46:42,267
Make it painless,
and get her back home.
882
00:46:44,209 --> 00:46:46,837
I'm sorry it had
to happen this way.
883
00:46:46,912 --> 00:46:47,970
Not all that sorry.
73458
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