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In the criminal justice system
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00:00:03,271 --> 00:00:07,139
the people are represented by two
separate yet equally important groups,
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00:00:07,208 --> 00:00:09,039
the police
who investigate crime
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00:00:09,110 --> 00:00:11,874
and the district attorneys
who prosecute the offenders.
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00:00:11,946 --> 00:00:13,642
These are their stories.
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00:00:14,349 --> 00:00:16,010
You sure your
brother said Jack's Donuts?
7
00:00:16,151 --> 00:00:17,846
Yes.
8
00:00:17,920 --> 00:00:20,218
Because there's another
donut place over on Hudson.
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00:00:20,289 --> 00:00:21,916
He picked me up here before.
10
00:00:21,990 --> 00:00:25,721
Actually it's more like a coffee shop.
But they got donuts.
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00:00:25,794 --> 00:00:29,525
Pat's. Jack's, Pat's.
Kind of sounds alike.
12
00:00:30,165 --> 00:00:33,226
And we're the only places that
are open on Sunday mornings.
13
00:00:33,303 --> 00:00:36,067
Your brother
might've confused them.
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00:00:36,139 --> 00:00:37,663
Hey, what if he comes?
15
00:00:37,807 --> 00:00:39,365
Tell him I went home.
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00:00:42,078 --> 00:00:44,512
Pretty girl.
Nice ass.
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00:00:45,415 --> 00:00:49,351
If I weren't getting married
next week, maybe I'd tag along.
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00:00:49,419 --> 00:00:51,478
Excuse me, are you
gonna order anything
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00:00:51,621 --> 00:00:53,714
or just help yourself
to the paper products?
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00:00:55,092 --> 00:00:57,219
I'll take a coffee to go.
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00:00:57,795 --> 00:01:00,093
I was married once.
Didn't work, though,
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00:01:00,164 --> 00:01:02,428
'cause I was hardly ever home.
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00:01:02,499 --> 00:01:04,899
You think these
donuts make themselves?
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00:01:05,035 --> 00:01:07,435
5:00 in the morning I gotta be here.
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00:01:08,872 --> 00:01:10,134
Keep it.
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00:01:21,853 --> 00:01:26,153
Oh, come on, Matthew, what
are you doing? Oh, God.
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00:01:26,992 --> 00:01:30,155
Oh, God.
Oh! Matthew!
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00:01:30,228 --> 00:01:34,756
Oh, God! Somebody help!
Help! Help!
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00:01:35,100 --> 00:01:37,569
Three to the chest.
No wallet or watch.
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00:01:37,670 --> 00:01:40,730
We found shells over here,
sent them to the lab.
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00:01:41,640 --> 00:01:43,733
Robbed while he was
changing the tire.
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00:01:43,876 --> 00:01:46,003
Two sets of palm
prints on the hubcap.
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00:01:46,078 --> 00:01:47,568
Looks pretty fresh.
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00:01:47,713 --> 00:01:49,203
M.E. Says maybe
within the hour.
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00:01:49,281 --> 00:01:50,578
Who is he?
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00:01:50,716 --> 00:01:52,013
Matthew Sherman.
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00:01:52,084 --> 00:01:56,111
Registration shows a Woodmere address.
Guy's sister found him.
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00:01:56,188 --> 00:01:58,214
They're giving her something
to settle her down.
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00:01:58,291 --> 00:02:00,623
He's got scraped up knuckles.
Maybe he put up a fight.
40
00:02:00,694 --> 00:02:01,888
And lost.
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00:02:55,451 --> 00:02:57,282
Matthew was gonna...
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00:02:57,352 --> 00:03:01,983
He was gonna pick me up at the
donut shop on Washington.
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00:03:02,058 --> 00:03:03,889
Where were you going?
44
00:03:04,828 --> 00:03:07,388
We were gonna go visit
a friend in Princeton.
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00:03:07,464 --> 00:03:08,692
When he was half
an hour late, I figured
46
00:03:08,832 --> 00:03:10,094
there'd been
some sort of mix-up,
47
00:03:10,166 --> 00:03:12,566
so I decided to go home.
48
00:03:13,603 --> 00:03:15,070
He...
49
00:03:16,372 --> 00:03:17,896
If he hadn't been
coming to pick me up,
50
00:03:17,974 --> 00:03:19,635
this never would've happened.
51
00:03:19,776 --> 00:03:21,438
Hey, you had
nothing to do with this.
52
00:03:21,512 --> 00:03:24,504
You're not responsible for every
psycho walking the streets.
53
00:03:24,582 --> 00:03:26,345
Did you notice
anyone in the area
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00:03:26,484 --> 00:03:28,281
before or after you found him?
55
00:03:28,719 --> 00:03:33,213
Um, there was just the donut
shop guy and another customer.
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00:03:33,290 --> 00:03:35,053
When did the other customer arrive?
57
00:03:35,192 --> 00:03:36,955
Right before I left.
58
00:03:37,027 --> 00:03:38,494
You remember
what he looked like?
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00:03:38,629 --> 00:03:40,096
What kind of
clothes he was wearing?
60
00:03:40,164 --> 00:03:42,292
Any distinguishing
characteristics?
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00:03:42,434 --> 00:03:44,561
He was sort of average
looking, you know.
62
00:03:47,506 --> 00:03:52,205
He had jeans on and a windbreaker,
and he was wearing a cross.
63
00:03:52,277 --> 00:03:56,373
You know, it looked
sort of medieval.
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00:03:57,349 --> 00:03:59,112
Did you talk to him?
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00:03:59,184 --> 00:04:02,449
Mmm-mmm. I think he just
wanted to clean his hands.
66
00:04:02,587 --> 00:04:04,988
They were covered with grease.
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00:04:05,057 --> 00:04:06,888
The palm prints they found.
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00:04:07,026 --> 00:04:08,891
I don't understand.
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00:04:10,763 --> 00:04:13,129
Why would anyone
want to kill Matthew?
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00:04:13,266 --> 00:04:15,632
He never hurt anyone.
They got his wallet.
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00:04:18,070 --> 00:04:19,628
It isn't fair!
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00:04:21,474 --> 00:04:24,876
How perfect is this?
Cops talking to a donut guy.
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00:04:24,945 --> 00:04:26,276
Yeah. Tell us about
the customer
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00:04:26,413 --> 00:04:27,778
who came in just
before the girl left.
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00:04:27,848 --> 00:04:29,008
The one who cleaned his hands.
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00:04:29,149 --> 00:04:30,309
Barely a customer.
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00:04:30,384 --> 00:04:33,444
He takes about 50 napkins,
and then he starts to leave.
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00:04:33,520 --> 00:04:36,455
Well, after I call him
on it, he orders a coffee,
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00:04:36,523 --> 00:04:39,617
then thinks he's a big shot
because he tips me a quarter.
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00:04:39,693 --> 00:04:42,890
What I lost on napkins,
I barely broke even.
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00:04:45,133 --> 00:04:46,157
Take these down to the lab.
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00:04:46,301 --> 00:04:47,325
Right.
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00:04:47,402 --> 00:04:49,131
Did he mention his name or say
84
00:04:49,204 --> 00:04:50,899
where he was coming from or going to?
85
00:04:50,972 --> 00:04:52,803
Nothing except,
"Give me a coffee"
86
00:04:52,874 --> 00:04:54,739
and how if he wasn't
getting married next week,
87
00:04:54,809 --> 00:04:56,777
he'd be putting
the moves on the girl.
88
00:04:56,911 --> 00:04:58,902
Which I thought,
"That was out of line."
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00:04:58,980 --> 00:05:01,881
But I didn't say anything
because it's not my business.
90
00:05:01,950 --> 00:05:03,815
My business is selling donuts.
91
00:05:03,952 --> 00:05:05,852
Thanks for clearing that up.
92
00:05:07,423 --> 00:05:10,392
Paper's all over this.
"Perfect Son Shot Down."
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00:05:10,593 --> 00:05:12,220
The kid worked his
way through Princeton,
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00:05:12,361 --> 00:05:13,988
got some big job
on Wall Street.
95
00:05:14,063 --> 00:05:17,191
He still volunteered three days a
week at some youth center uptown.
96
00:05:17,266 --> 00:05:20,064
That cross everyone saw him wearing?
I checked around.
97
00:05:20,135 --> 00:05:21,432
It's Greek Orthodox.
98
00:05:21,570 --> 00:05:22,867
I don't care if
he's a Buddhist.
99
00:05:22,938 --> 00:05:24,769
Hey, the guy said he
was getting married, right?
100
00:05:24,840 --> 00:05:27,674
So I checked with all the Greek
Orthodox churches in the area.
101
00:05:27,744 --> 00:05:29,177
Four weddings
scheduled this week.
102
00:05:29,312 --> 00:05:30,779
Maybe one of
the priests knows him.
103
00:05:30,847 --> 00:05:31,973
Good. Get on it.
104
00:05:32,916 --> 00:05:34,042
I'll get these circulated.
105
00:05:34,184 --> 00:05:35,310
Just in the neighborhood.
106
00:05:35,385 --> 00:05:37,046
For all we know, this
guy is just a witness.
107
00:05:37,187 --> 00:05:38,882
Hey, this was in
all the papers.
108
00:05:38,955 --> 00:05:41,321
If he's only a witness,
he would've come forward.
109
00:05:44,594 --> 00:05:47,563
Yes, he was here.
Seemed like a nice young man.
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00:05:47,631 --> 00:05:49,463
Talked about basketball.
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00:05:49,600 --> 00:05:51,431
You know his name?
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00:05:51,502 --> 00:05:55,404
We didn't talk more than five minutes.
I'm sure he mentioned it.
113
00:05:55,473 --> 00:05:57,737
Michael something, I think.
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00:05:57,808 --> 00:06:00,208
This Michael, is he the one
getting married here Saturday?
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00:06:00,278 --> 00:06:03,270
No. He wanted to, but his
fianc�e wasn't of our faith.
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00:06:05,216 --> 00:06:06,376
Jewish.
117
00:06:07,418 --> 00:06:09,353
Is he a member of your church?
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00:06:09,488 --> 00:06:11,422
Because his address
would be a big help.
119
00:06:11,490 --> 00:06:13,185
I'd never seen him before.
120
00:06:13,258 --> 00:06:15,692
He said he'd just moved here and
wanted a wedding in our church
121
00:06:15,761 --> 00:06:18,127
because his fianc�e
lives in the neighborhood.
122
00:06:18,196 --> 00:06:20,494
Is there a synagogue
in the neighborhood?
123
00:06:20,565 --> 00:06:21,930
Looks like Ruth
Gottlieb's fianc�.
124
00:06:22,067 --> 00:06:23,432
You met him?
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00:06:23,502 --> 00:06:24,969
They wanted to have
their wedding here,
126
00:06:25,103 --> 00:06:26,570
but I don't perform
interfaith ceremonies.
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00:06:26,638 --> 00:06:28,105
Do you remember his name?
128
00:06:28,173 --> 00:06:32,304
Yeah. Michael Romak. Bardack.
Something like that.
129
00:06:32,378 --> 00:06:34,938
I'm one of these guys gets
introduced to someone at a party,
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00:06:35,014 --> 00:06:37,244
five minutes later their
name's a complete mystery.
131
00:06:37,317 --> 00:06:40,047
Well, what about Miss Gottlieb?
Do you know where she lives?
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00:06:40,119 --> 00:06:43,350
She's an active member.
I'm sure she's in our files.
133
00:06:52,766 --> 00:06:54,358
The landlord sent you?
134
00:06:54,435 --> 00:06:56,062
No, ma'am, we're the police.
135
00:06:59,340 --> 00:07:01,774
I didn't pay the rent
because the damned landlord
136
00:07:01,842 --> 00:07:06,836
won't fix the blinds. They're crooked.
I called four times.
137
00:07:06,914 --> 00:07:09,144
Ma'am, do you know your
neighbor, Ruth Gottlieb?
138
00:07:09,216 --> 00:07:12,049
Never met her.
But I hear through the walls.
139
00:07:12,119 --> 00:07:13,610
Thin walls, huh?
140
00:07:13,688 --> 00:07:17,522
Not thin enough. I have to hold
a glass up to hear anything.
141
00:07:18,360 --> 00:07:20,123
Do you know
where she is now?
142
00:07:20,895 --> 00:07:25,127
Her rehearsal dinner for her wedding.
At Pasta D'oro.
143
00:07:25,200 --> 00:07:27,634
You wouldn't happen to know who
she's marrying, would you?
144
00:07:28,169 --> 00:07:34,166
Mike Bodak. A bellhop.
If you ask me, she could do a lot better.
145
00:07:34,243 --> 00:07:36,040
Thanks for your help.
146
00:07:39,081 --> 00:07:41,140
Sorry, guys,
this is a private party.
147
00:07:41,283 --> 00:07:43,342
We need to talk to Mike Bodak.
148
00:07:43,419 --> 00:07:45,250
Mike, you know these guys?
149
00:07:45,888 --> 00:07:46,877
No.
150
00:07:47,022 --> 00:07:48,011
He says he don't know you.
151
00:07:49,225 --> 00:07:52,752
This is my daughter's rehearsal dinner.
I don't want it disrupted.
152
00:07:52,828 --> 00:07:55,127
Oh, a sergeant with
the Housing Authority.
153
00:07:56,066 --> 00:07:57,033
Raise you, Sarge.
154
00:07:57,100 --> 00:07:58,590
We need
a minute with Mike.
155
00:07:59,803 --> 00:08:01,031
Mike.
156
00:08:05,075 --> 00:08:06,474
These guys are detectives.
157
00:08:06,610 --> 00:08:08,009
Daddy, what's going on?
158
00:08:08,078 --> 00:08:11,639
Why don't we step out
here for a minute, huh?
159
00:08:11,715 --> 00:08:13,615
Stay with your mother.
160
00:08:18,222 --> 00:08:20,213
I'm your witness, Mike.
161
00:08:20,725 --> 00:08:24,593
Mike, we need to know what you
were doing last Sunday morning.
162
00:08:25,129 --> 00:08:26,187
I had brunch at Ruth's.
163
00:08:26,330 --> 00:08:27,422
What about before brunch?
164
00:08:27,498 --> 00:08:30,524
He worked all night.
The kid works his butt off.
165
00:08:30,635 --> 00:08:32,432
I worked the overnight
shift on my job.
166
00:08:32,570 --> 00:08:34,401
I'm a bellman at
the Warren Hotel.
167
00:08:34,472 --> 00:08:36,464
What time did you leave work?
168
00:08:36,608 --> 00:08:38,599
About 9:00.
169
00:08:38,677 --> 00:08:40,110
Helped a guy change a flat.
170
00:08:40,746 --> 00:08:41,770
Went to a donut shop,
171
00:08:41,847 --> 00:08:43,781
and walked over
to Ruth's. That's it.
172
00:08:43,849 --> 00:08:45,316
This about the guy who got shot?
173
00:08:45,451 --> 00:08:46,941
Oh, you know about that, huh?
174
00:08:47,019 --> 00:08:48,179
Saw something in the papers.
175
00:08:48,253 --> 00:08:50,153
And you didn't think it was
worth it to mention to the cops
176
00:08:50,222 --> 00:08:52,747
that you had contact with this
guy just before he was killed?
177
00:08:52,825 --> 00:08:55,020
Well, I didn't see anything.
And between working 16 hours,
178
00:08:55,093 --> 00:08:56,390
and the wedding and...
179
00:08:56,462 --> 00:08:57,953
So you got him for
donut shop patronage
180
00:08:58,097 --> 00:08:59,587
and helping a guy with a flat.
181
00:08:59,666 --> 00:09:00,860
You gonna put in
for a commendation?
182
00:09:00,934 --> 00:09:02,731
Hey, shut up,
Sarge, or we take him
183
00:09:02,802 --> 00:09:04,827
down to the stationhouse right now.
184
00:09:05,205 --> 00:09:07,036
You think I had something
to do with it?
185
00:09:07,106 --> 00:09:09,006
I helped a guy change a tire.
186
00:09:09,075 --> 00:09:10,372
Where'd you get
the money for this?
187
00:09:10,510 --> 00:09:11,807
I'm gonna put it
on my credit card.
188
00:09:11,878 --> 00:09:13,869
Yeah? Well, the restaurant
manager told me
189
00:09:14,013 --> 00:09:16,004
Mike paid him in cash.
480 bucks.
190
00:09:16,082 --> 00:09:20,577
I got a big tip at work.
A Saudi prince took over the whole floor.
191
00:09:21,522 --> 00:09:24,616
All right, we're gonna need
your work and home addresses.
192
00:09:24,692 --> 00:09:25,784
Yeah.
193
00:09:27,294 --> 00:09:30,525
Let's get a couple of
uniforms to sit on this kid.
194
00:09:32,700 --> 00:09:34,031
Yeah, Mike worked Sunday.
Graveyard shift.
195
00:09:34,168 --> 00:09:35,533
What time did he get off?
196
00:09:35,603 --> 00:09:37,798
He was on the clock till
9:00, but he left at 6:00.
197
00:09:37,872 --> 00:09:39,704
How do you know that?
He asked me to punch him out.
198
00:09:39,774 --> 00:09:41,264
He said he had some
business to take care off.
199
00:09:41,343 --> 00:09:42,571
What kind of business?
200
00:09:42,644 --> 00:09:44,373
He's been working
all kinds of jobs,
201
00:09:44,513 --> 00:09:46,276
looking for extra
money for the wedding.
202
00:09:46,348 --> 00:09:47,975
I guess that's what
it was connected to.
203
00:09:48,116 --> 00:09:49,777
Any Saudi princes lately?
204
00:09:49,851 --> 00:09:51,648
Yeah. Nine or
10 months ago.
205
00:09:51,720 --> 00:09:53,551
Laid $50s on all of us.
206
00:09:55,390 --> 00:09:56,550
We got a problem, Mike.
207
00:09:56,625 --> 00:09:58,752
I got a problem, with those
cops you got tailing me.
208
00:09:58,827 --> 00:10:00,557
You mind if we come in?
209
00:10:00,696 --> 00:10:02,459
I gotta go to work.
210
00:10:02,532 --> 00:10:04,500
I don't know, Mike.
From what we hear,
211
00:10:04,634 --> 00:10:06,625
that job of yours has
pretty flexible hours.
212
00:10:06,702 --> 00:10:09,500
Last Sunday, you left
at 6:00, not 9:00.
213
00:10:09,572 --> 00:10:12,473
And that Saudi prince, he was
in town nine months ago.
214
00:10:12,542 --> 00:10:16,808
Let me give you a piece of advice, Mike.
Lying to us is really stupid.
215
00:10:20,016 --> 00:10:22,850
I was gonna call
to explain all that.
216
00:10:22,920 --> 00:10:25,047
Well, it better be
real convincing.
217
00:10:33,430 --> 00:10:36,092
I've been working for a
bookie the last few months.
218
00:10:36,166 --> 00:10:38,134
Answering phones.
219
00:10:38,201 --> 00:10:39,634
I took it to
make some extra cash
220
00:10:39,770 --> 00:10:41,203
to cover the wedding expenses.
221
00:10:41,271 --> 00:10:44,708
I left work last Sunday to
handle early playoff action.
222
00:10:44,776 --> 00:10:46,505
And you didn't
tell us that. Why?
223
00:10:46,644 --> 00:10:48,407
Because you
thought we'd bust you?
224
00:10:48,479 --> 00:10:51,448
Yeah. That and you asked me in
front of Ruth's dad. He's a cop.
225
00:10:51,516 --> 00:10:54,314
I don't think he'd go for his
son-in-law working for a bookie.
226
00:10:54,385 --> 00:10:56,148
In case you forgot, I'm
getting married tonight.
227
00:10:56,220 --> 00:10:58,688
You know, we ran your name
through the computer.
228
00:10:58,756 --> 00:11:02,556
Does Ruth's dad know you were
arrested for auto theft?
229
00:11:02,627 --> 00:11:03,925
When I was 17.
230
00:11:03,996 --> 00:11:07,022
Yeah, but you'd still know
how to unload a fancy car.
231
00:11:07,132 --> 00:11:08,656
Car thieves like empty cars.
232
00:11:08,801 --> 00:11:10,359
Hey, you needed the cash.
233
00:11:10,436 --> 00:11:12,131
You lied to us about
when you left work.
234
00:11:12,271 --> 00:11:13,966
You lied about
working for the bookie.
235
00:11:14,039 --> 00:11:16,371
That's hindering prosecution.
I could arrest you for that right now.
236
00:11:16,442 --> 00:11:18,000
Look, what do you want me
to do, make something up?
237
00:11:18,077 --> 00:11:19,408
I'm telling you
what really happened.
238
00:11:19,545 --> 00:11:20,876
Hey, if that's
what really happened,
239
00:11:20,946 --> 00:11:23,107
then you won't mind us looking
around your place, right, Mike?
240
00:11:27,687 --> 00:11:29,985
Yeah, go ahead, you know.
If it's gonna get rid of you.
241
00:11:30,056 --> 00:11:31,353
I gotta get to work.
242
00:11:31,424 --> 00:11:33,984
You know, those cops
downstairs will be there, too.
243
00:11:35,996 --> 00:11:37,088
Sherman's sister
said he was wearing
244
00:11:37,163 --> 00:11:38,357
a dark blue windbreaker, right?
245
00:11:38,565 --> 00:11:39,554
Yeah.
246
00:11:39,633 --> 00:11:42,898
There's a dark spot right here.
You can hardly see it.
247
00:11:42,969 --> 00:11:45,096
Oh, that could be blood.
248
00:11:45,171 --> 00:11:48,835
I don't like the motive.
He pulls stick-ups but he works two jobs?
249
00:11:48,909 --> 00:11:51,241
You've never had to
impress a fianc�e.
250
00:11:51,379 --> 00:11:53,745
Bodak's been
clean for 12 years.
251
00:11:53,814 --> 00:11:55,645
One of the other bellhops
said he promised
252
00:11:55,783 --> 00:11:57,648
his girlfriend
a honeymoon in Hawaii.
253
00:11:57,718 --> 00:12:01,347
Now, I think he looked at Sherman
and saw two tickets to Maui.
254
00:12:01,422 --> 00:12:04,482
Home run on the jacket.
It's Sherman's blood type.
255
00:12:17,372 --> 00:12:18,930
What the hell is this?
I answered your questions.
256
00:12:19,007 --> 00:12:20,770
You're under arrest for the
murder of Matthew Sherman.
257
00:12:20,842 --> 00:12:22,070
What?
You want to step outside
258
00:12:22,144 --> 00:12:23,736
so we don't have to
embarrass your guests?
259
00:12:23,812 --> 00:12:25,541
I thought you took care
of this, Mike. I did.
260
00:12:25,614 --> 00:12:26,774
So what's going on here?
Mike?
261
00:12:26,848 --> 00:12:27,873
We're making an arrest.
262
00:12:27,950 --> 00:12:28,917
What is this?
263
00:12:28,985 --> 00:12:30,043
This is our wedding.
264
00:12:30,119 --> 00:12:31,108
It's some kind
of mix-up, honey.
265
00:12:31,187 --> 00:12:33,087
You have the right to remain silent.
I'll be back in an hour.
266
00:12:33,156 --> 00:12:34,350
Anything you say
can and will be used
267
00:12:34,424 --> 00:12:35,584
against you in a court of law.
268
00:12:36,192 --> 00:12:37,420
You couldn't wait, could you?
269
00:12:37,493 --> 00:12:39,290
You couldn't wait three hours
till the reception was over.
270
00:12:39,362 --> 00:12:41,091
You ruined my
wedding for nothing.
271
00:12:41,164 --> 00:12:43,132
Matthew Sherman isn't
gonna have a wedding,
272
00:12:43,199 --> 00:12:45,633
or a reception,
or anything else.
273
00:12:47,070 --> 00:12:49,403
Did I piss someone off around here?
274
00:12:49,473 --> 00:12:53,239
The blood on your jacket is
type AB, just like Sherman's.
275
00:12:53,310 --> 00:12:56,177
We checked your marriage license.
You're type O.
276
00:12:58,449 --> 00:13:00,041
Maybe I brushed up against him
277
00:13:00,184 --> 00:13:01,776
when we were loosening the lug nuts.
278
00:13:01,852 --> 00:13:03,080
I think he cut himself.
279
00:13:03,220 --> 00:13:04,448
That's one explanation.
280
00:13:04,521 --> 00:13:05,818
Then there's one
that makes sense.
281
00:13:05,956 --> 00:13:07,253
Hey, if something
made you do it,
282
00:13:07,324 --> 00:13:11,284
if it was an accident, if the gun
went off by itself, whatever,
283
00:13:11,362 --> 00:13:13,262
you're a lot better
off giving us a reason.
284
00:13:13,331 --> 00:13:17,324
Otherwise, you'll never spend another
night with that fianc�e of yours.
285
00:13:17,402 --> 00:13:20,860
Look, we know you were at the crime
scene, we know you needed the cash.
286
00:13:20,939 --> 00:13:22,497
The victim's blood
is on your jacket.
287
00:13:22,574 --> 00:13:25,737
In the homicide business, that's
like finding the Holy Grail.
288
00:13:26,878 --> 00:13:30,906
I'm in here, and the real murderer,
he's walking the streets.
289
00:13:30,983 --> 00:13:33,679
If you know who
did it, we're all ears.
290
00:13:36,188 --> 00:13:37,849
I didn't think so.
291
00:13:43,129 --> 00:13:47,122
There was another guy.
I passed a guy about half way down the block
292
00:13:47,199 --> 00:13:49,190
from where I left the car.
A Puerto Rican guy.
293
00:13:49,268 --> 00:13:52,534
Yeah, that's how we solve homicides, too.
Nearest Puerto Rican did it.
294
00:13:52,606 --> 00:13:55,097
Look, I don't know
if he did it.
295
00:13:55,175 --> 00:13:58,303
But I passed him right after I
left, and he looked kind of scary.
296
00:13:58,378 --> 00:14:00,778
Hey, this is New York.
Everybody looks scary.
297
00:14:02,015 --> 00:14:05,951
He looked at me, you know,
like he was sizing me up.
298
00:14:06,486 --> 00:14:10,752
And he had a tattoo on
his hand like a dragon.
299
00:14:10,824 --> 00:14:12,725
Yeah, the old sizing up look.
300
00:14:21,369 --> 00:14:25,396
I'll put out an APB on scary Puerto Ricans.
He give you anything else?
301
00:14:25,473 --> 00:14:26,497
Not yet.
302
00:14:26,607 --> 00:14:28,700
Then probably not ever.
His lawyer's here.
303
00:14:28,910 --> 00:14:30,468
He waived his right to counsel.
304
00:14:30,611 --> 00:14:32,203
They brought him.
305
00:14:33,080 --> 00:14:34,605
In-laws.
306
00:14:34,850 --> 00:14:36,249
No wonder you're divorced.
307
00:14:36,618 --> 00:14:38,677
Get a warrant for
Bodak's work locker
308
00:14:38,754 --> 00:14:40,915
and the bookie joint
where he moonlights.
309
00:14:46,662 --> 00:14:47,651
Who is it?
Police.
310
00:14:47,729 --> 00:14:49,128
Open the door or
we bust it down.
311
00:14:49,264 --> 00:14:50,663
Yeah, wait a minute.
312
00:14:50,732 --> 00:14:52,723
If I smell burning flash
paper, you're going to jail.
313
00:14:52,801 --> 00:14:53,995
Open the door.
314
00:14:55,104 --> 00:14:56,935
Hey, whoa, guys.
Look, I just answer
315
00:14:57,073 --> 00:14:58,938
the phones around
here, all right?
316
00:14:59,008 --> 00:15:02,341
So answer it.
Answer the phone!
317
00:15:04,113 --> 00:15:05,205
Hello.
318
00:15:06,716 --> 00:15:08,911
Yeah, the Knicks are
getting five and a half,
319
00:15:08,985 --> 00:15:11,010
Heat are getting four,
the Yankees are six to five.
320
00:15:11,087 --> 00:15:13,749
Hey, look, guys, I swear,
I just answer the phones...
321
00:15:13,823 --> 00:15:15,188
Turn around and face the wall.
322
00:15:15,258 --> 00:15:16,851
Mike Bodak work here?
Yeah.
323
00:15:16,927 --> 00:15:18,724
You ever hear about him
pulling any stick-ups?
324
00:15:18,796 --> 00:15:20,593
Mike? No.
325
00:15:20,664 --> 00:15:22,529
Did he mention any cash
he came into recently?
326
00:15:22,600 --> 00:15:24,465
Well, you know, we all
got bonuses around here.
327
00:15:24,535 --> 00:15:26,025
Five hundred a piece,
after my boss
328
00:15:26,170 --> 00:15:27,660
cleaned up on
the De La Hoya fight.
329
00:15:27,738 --> 00:15:29,365
Oh, yeah?
Who's your boss?
330
00:15:29,440 --> 00:15:31,374
Who's your boss?
331
00:15:31,508 --> 00:15:33,476
Ray. Okay?
Ray D'A ntoni.
332
00:15:33,544 --> 00:15:35,068
Bodak ever carry a gun?
333
00:15:36,380 --> 00:15:37,370
No.
334
00:15:39,551 --> 00:15:43,453
Yeah. The Hawks?
Plus two.
335
00:15:43,521 --> 00:15:45,546
Yeah, you got it.
Five times, right.
336
00:15:45,824 --> 00:15:47,519
You don't mind if we look
around here, do you?
337
00:15:47,592 --> 00:15:50,686
Look, could you guys please
try not to damage the phones?
338
00:15:50,762 --> 00:15:53,390
I could get in a lot
of trouble around here.
339
00:15:53,465 --> 00:15:55,865
Boy, that was easy.
This belong to you?
340
00:15:55,934 --> 00:15:57,424
I swear, I've never seen it.
341
00:15:57,570 --> 00:15:59,094
What's your name?
342
00:15:59,171 --> 00:16:00,138
I'm Miles.
343
00:16:00,206 --> 00:16:01,366
We're going to have
to arrest you, Miles.
344
00:16:01,440 --> 00:16:03,101
Yes, sir.
I understand, but...
345
00:16:03,242 --> 00:16:04,903
I'll notify Bronx Vice.
346
00:16:04,977 --> 00:16:06,444
You have the
right to remain silent...
347
00:16:06,512 --> 00:16:09,811
The Knicks plus five and a half?
I'd be all over that.
348
00:16:11,217 --> 00:16:12,548
Bad news from ballistics.
349
00:16:12,618 --> 00:16:14,711
That gun isn't
the murder weapon.
350
00:16:14,787 --> 00:16:16,550
So we've got no murder weapon,
351
00:16:16,622 --> 00:16:19,592
none of the victim's possessions
were in Bodak's apartment,
352
00:16:19,660 --> 00:16:21,491
and there's a good explanation
353
00:16:21,628 --> 00:16:23,459
why he had cash on
him after the murder.
354
00:16:23,530 --> 00:16:25,259
Not exactly air-tight.
355
00:16:25,332 --> 00:16:27,163
I've been going over these
Neighborhood Watch reports
356
00:16:27,234 --> 00:16:29,828
from the area of the shooting.
A couple of weeks ago,
357
00:16:29,903 --> 00:16:32,929
a dry cleaner thought he
saw a woman being robbed.
358
00:16:33,006 --> 00:16:36,100
No police report was filed,
but the MO's pretty similar.
359
00:16:36,276 --> 00:16:39,713
A woman came into my shop
to call the Auto Club
360
00:16:39,781 --> 00:16:41,908
because her Mercedes had broken down.
361
00:16:41,983 --> 00:16:44,076
After she returned
to her automobile,
362
00:16:44,152 --> 00:16:49,522
I saw a man leave the pharmacy right
there, and accost this polite lady.
363
00:16:49,590 --> 00:16:51,717
This man, what did he look like?
364
00:16:51,793 --> 00:16:52,817
I didn't get much of a look.
365
00:16:52,894 --> 00:16:56,091
Average height, unshaven.
366
00:16:56,164 --> 00:16:57,392
Possibly Hispanic.
367
00:16:59,000 --> 00:17:00,935
Did he have a tattoo?
368
00:17:01,070 --> 00:17:03,004
I wasn't close enough to see.
369
00:17:03,072 --> 00:17:04,869
What did he do to the woman?
370
00:17:04,940 --> 00:17:08,171
I saw him wave a pistol.
I was about to call the police,
371
00:17:08,243 --> 00:17:10,711
when the truck arrived
and the man ran off.
372
00:17:10,846 --> 00:17:13,314
The woman looked
very frightened.
373
00:17:13,382 --> 00:17:15,077
I think it's outrageous
the Auto Club
374
00:17:15,217 --> 00:17:16,912
would give out my
name and address.
375
00:17:16,986 --> 00:17:20,046
Well, they were just trying to
be good citizens, Ms. Watts,
376
00:17:20,122 --> 00:17:22,250
as we'd like you to be.
377
00:17:22,392 --> 00:17:24,553
Well, I don't know
what I can tell you.
378
00:17:24,627 --> 00:17:27,061
Some degenerate came up to
me, waved a gun in my face,
379
00:17:27,130 --> 00:17:28,893
and demanded my
watch and wallet,
380
00:17:29,032 --> 00:17:30,795
which I was fully
prepared to surrender.
381
00:17:30,867 --> 00:17:32,232
That's when the tow truck arrived.
382
00:17:32,302 --> 00:17:33,599
And this guy took off?
383
00:17:33,670 --> 00:17:37,162
Yes. As soon as he grabbed the
Gucci sunglasses off my head.
384
00:17:37,273 --> 00:17:39,241
And you didn't think
it was worth reporting?
385
00:17:39,909 --> 00:17:41,604
So I could spend
hours in a courtroom?
386
00:17:41,678 --> 00:17:44,807
Make myself vulnerable
to all kinds of retribution?
387
00:17:44,882 --> 00:17:46,008
For a pair of sunglasses?
388
00:17:46,083 --> 00:17:47,744
Do you remember what
this guy looked like?
389
00:17:47,885 --> 00:17:49,546
Clothes,
distinguishing features?
390
00:17:49,620 --> 00:17:51,645
Well, he was unwashed.
391
00:17:51,722 --> 00:17:55,715
And he had a vile tattoo on his hand.
Some sort of lizard.
392
00:17:55,793 --> 00:17:58,660
Yeah, he came in last Friday morning.
Puerto Rican.
393
00:17:58,729 --> 00:18:00,822
He spoke English pretty good,
but prescription medicine
394
00:18:00,898 --> 00:18:02,490
must've been a term
he didn't understand.
395
00:18:02,633 --> 00:18:04,261
He wanted a prescription filled?
396
00:18:04,336 --> 00:18:06,429
Well, he brings in
a Percodan vial
397
00:18:06,571 --> 00:18:08,698
from the Bellevue ER
issued the day before.
398
00:18:08,774 --> 00:18:10,207
It says "no refills"
right on the label,
399
00:18:10,342 --> 00:18:11,809
but then he starts
giving me some bull
400
00:18:11,877 --> 00:18:14,675
about how they said he could get
more pills if he was still in pain.
401
00:18:14,746 --> 00:18:16,475
Do you remember his
name or his address?
402
00:18:16,548 --> 00:18:18,812
Well, if he'd been a potential
customer, I would've.
403
00:18:18,884 --> 00:18:21,284
But this guy, I never
wanted to see him again.
404
00:18:24,791 --> 00:18:29,319
Found it. A Ricardo Garcia was
prescribed 10 tablets of Percodan
405
00:18:29,395 --> 00:18:30,828
on the 23rd of last month.
406
00:18:30,963 --> 00:18:32,396
You got an address on that?
407
00:18:32,465 --> 00:18:34,160
"NA." That's
"Not Available."
408
00:18:34,233 --> 00:18:35,200
Thanks for the explanation.
409
00:18:35,268 --> 00:18:36,360
Does that mean he's homeless?
410
00:18:36,436 --> 00:18:38,495
Maybe. Or he didn't want
to give out his address,
411
00:18:38,571 --> 00:18:42,098
or the doctor was too busy to get it.
Take your pick.
412
00:18:42,175 --> 00:18:44,006
Who wrote the prescription?
413
00:18:44,143 --> 00:18:45,975
Dr. Marienthal.
414
00:18:47,047 --> 00:18:48,071
Dr. Marienthal?
415
00:18:48,215 --> 00:18:49,239
You'll have to wait your turn.
416
00:18:49,316 --> 00:18:51,614
I have a stab wound coming in.
Talk to the triage.
417
00:18:51,685 --> 00:18:53,084
Well, until your
stab wound arrives,
418
00:18:53,153 --> 00:18:55,314
maybe we could ask you
a couple of questions.
419
00:18:56,156 --> 00:18:57,123
It can't wait till
the end of my shift?
420
00:18:57,257 --> 00:18:58,246
When's that?
421
00:18:58,325 --> 00:18:59,349
Day after tomorrow.
422
00:18:59,426 --> 00:19:03,157
Doctor, that man with the
cucumber problem is back.
423
00:19:03,230 --> 00:19:04,390
Put him in Two.
424
00:19:04,531 --> 00:19:05,725
On the 23rd, you
issued a prescription
425
00:19:05,799 --> 00:19:07,529
for Percodan to
a Ricardo Garcia.
426
00:19:07,602 --> 00:19:09,399
Don't tell me, he sold
it on the street.
427
00:19:09,537 --> 00:19:11,368
I'll tell you
something, gentlemen.
428
00:19:11,439 --> 00:19:13,304
As long as drug
addicts walk in here
429
00:19:13,441 --> 00:19:15,341
and get treated for
made-up symptoms...
430
00:19:15,410 --> 00:19:19,244
Save the sermon, Doc.
This guy may have killed somebody.
431
00:19:19,314 --> 00:19:20,508
You remember
anything about him?
432
00:19:20,648 --> 00:19:21,876
I wish I could help.
433
00:19:21,950 --> 00:19:23,611
You know how many guys like
him I treat every day?
434
00:19:23,685 --> 00:19:26,119
Tall? Short?
Fat? Thin? What?
435
00:19:27,322 --> 00:19:31,020
Guy came in about that time who
presented with terrible stomach cramps.
436
00:19:31,093 --> 00:19:33,721
Hispanic, with a big serpent
tattooed on his hand.
437
00:19:33,796 --> 00:19:34,854
Couldn't find anything
wrong with him.
438
00:19:34,997 --> 00:19:36,055
He give you an address?
439
00:19:36,132 --> 00:19:37,793
Mention where he lived?
440
00:19:37,933 --> 00:19:39,628
He said he was in
too much pain to talk.
441
00:19:40,102 --> 00:19:42,332
Bellevue ER issued a
prescription for Percodan
442
00:19:42,404 --> 00:19:44,463
to a walk-in
named Ricky Garcia.
443
00:19:44,540 --> 00:19:46,167
Tell you what, I'll
call the first 1,000
444
00:19:46,308 --> 00:19:47,969
Ricky Garcia's
in the phone book,
445
00:19:48,077 --> 00:19:49,511
you call the second 1,000.
446
00:19:49,579 --> 00:19:52,707
Whoa, whoa. Only five Garcias
got arrested this week.
447
00:19:52,782 --> 00:19:56,718
Now, one, Ricardo, for shoplifting
six blocks from the murder,
448
00:19:56,786 --> 00:19:58,913
and two blocks from
where Virginia Watts
449
00:19:59,055 --> 00:20:01,216
got her $300 Gucci
sunglasses ripped off.
450
00:20:01,291 --> 00:20:03,521
Garcia's being arraigned
this afternoon.
451
00:20:03,593 --> 00:20:05,458
Grab him and stick
him in a line-up.
452
00:20:05,595 --> 00:20:07,495
I'll get a warrant
for his place.
453
00:20:09,566 --> 00:20:10,966
Where's Garcia?
Gone.
454
00:20:11,035 --> 00:20:12,263
The sergeant down
at the holding cell
455
00:20:12,403 --> 00:20:13,665
thinks he was sent up earlier.
456
00:20:13,738 --> 00:20:17,401
Oh, great. Now we gotta hope Garcia
volunteers to stand in a line-up.
457
00:20:17,475 --> 00:20:18,737
Lennie.
458
00:20:18,809 --> 00:20:21,039
Two screw-ups in one day?
They trying for a record?
459
00:20:21,112 --> 00:20:22,306
You're supposed
to bring Ms. Watts
460
00:20:22,446 --> 00:20:23,674
down to the stationhouse.
What happened?
461
00:20:23,748 --> 00:20:24,737
Well, the message I got was to
462
00:20:24,815 --> 00:20:25,804
bring her here
and find you guys.
463
00:20:25,883 --> 00:20:27,077
Ms. Watts,
I apologize.
464
00:20:27,185 --> 00:20:28,516
You weren't supposed
to be brought down here.
465
00:20:28,586 --> 00:20:29,883
We wanted you to
view a line-up...
466
00:20:29,954 --> 00:20:31,286
That's him!
467
00:20:32,357 --> 00:20:37,420
Stay with her. Ricky Garcia,
you're under arrest for robbery.
468
00:20:37,496 --> 00:20:39,794
I just posted bail.
What was the $50 for?
469
00:20:39,865 --> 00:20:41,833
Something else.
Let's go.
470
00:20:48,440 --> 00:20:50,135
Police! Put your
hands over your head.
471
00:20:50,209 --> 00:20:51,198
You live there?
472
00:20:51,276 --> 00:20:52,209
Yeah, but I didn't do nothing.
473
00:20:52,278 --> 00:20:54,337
Keep your hands on the wall.
You got ID?
474
00:20:56,282 --> 00:20:57,977
"Tony Garcia."
You related to Ricky?
475
00:20:58,051 --> 00:20:59,678
I'm his brother.
476
00:20:59,752 --> 00:21:01,151
Is this because of Ricky?
477
00:21:01,221 --> 00:21:04,554
How come Tony Garcia has the initials M.
S. On his wallet?
478
00:21:04,624 --> 00:21:06,251
Ricky gave me that.
479
00:21:06,392 --> 00:21:08,019
He tell you where he got it?
480
00:21:08,094 --> 00:21:10,961
Hey, look, I don't know.
I saw it and he gave it to me.
481
00:21:11,064 --> 00:21:12,965
It's kind of like rent 'cause I'm
letting him stay in my place.
482
00:21:13,033 --> 00:21:14,830
All right, Tony, you're gonna
go down to the stationhouse.
483
00:21:14,902 --> 00:21:16,870
But first, let us in.
We got a warrant.
484
00:21:16,937 --> 00:21:19,531
Unless you want us to
break the door down.
485
00:21:19,607 --> 00:21:20,801
What did Ricky do?
486
00:21:20,941 --> 00:21:22,169
You tell me.
487
00:21:22,243 --> 00:21:23,403
We'll start with last Sunday.
488
00:21:23,477 --> 00:21:24,705
Maybe you were with him?
489
00:21:24,778 --> 00:21:26,769
No, I was sleeping.
I don't know where he was.
490
00:21:26,847 --> 00:21:29,213
Look what the criminal genius
had under his mattress.
491
00:21:29,283 --> 00:21:30,773
Hey, that isn't mine.
I believe you.
492
00:21:30,851 --> 00:21:32,512
But we'll check the
prints just to make sure.
493
00:21:32,653 --> 00:21:34,349
And this in his closet.
494
00:21:38,793 --> 00:21:41,557
You know that phrase,
"Hindsight's 20-20"?
495
00:21:41,630 --> 00:21:43,291
It means if you could do
some things over again,
496
00:21:43,365 --> 00:21:45,629
you'd probably
do them differently.
497
00:21:45,700 --> 00:21:47,361
I took the sunglasses, okay?
498
00:21:47,502 --> 00:21:49,163
Like you'd
probably dump the gun.
499
00:21:49,237 --> 00:21:52,297
And you'd take a closer look at your
socks and see the blood on them.
500
00:21:52,374 --> 00:21:55,344
And you definitely wouldn't have
paid your rent in stolen property.
501
00:21:55,411 --> 00:21:56,571
I don't know what
you're talking about.
502
00:21:56,646 --> 00:21:57,738
You know what?
503
00:21:57,813 --> 00:21:59,713
We don't have to play
any more games with you.
504
00:21:59,782 --> 00:22:02,615
We just got all kinds of results
back from the lab, Ricky.
505
00:22:02,685 --> 00:22:04,550
That gun?
That's the murder weapon,
506
00:22:04,620 --> 00:22:06,417
and your prints
are all over it.
507
00:22:06,489 --> 00:22:08,582
Your sock has Matthew
Sherman's blood on it,
508
00:22:08,658 --> 00:22:11,923
and they lifted his prints
and yours off that wallet.
509
00:22:11,994 --> 00:22:15,361
Yeah, that's right.
510
00:22:18,035 --> 00:22:20,128
So you want to tell us
what happened now, Ricky?
511
00:22:20,203 --> 00:22:22,034
If you tell us,
and I mean a full statement,
512
00:22:22,105 --> 00:22:25,006
we can probably get the D.A.
To back off that death penalty request.
513
00:22:25,075 --> 00:22:27,703
If you don't, you go on
trial and get a conviction,
514
00:22:27,778 --> 00:22:31,111
and get a lethal injection.
Either arm. They don't care.
515
00:22:31,848 --> 00:22:33,008
You don't understand, man.
516
00:22:33,083 --> 00:22:34,744
You know, maybe the
needle's the way to go.
517
00:22:34,818 --> 00:22:37,617
I mean, 20, 30 years in prison,
that's gotta be tough.
518
00:22:38,089 --> 00:22:39,852
I didn't mean it to
happen like it did, man.
519
00:22:39,991 --> 00:22:41,788
How did you mean
for it to happen?
520
00:22:41,859 --> 00:22:43,850
The dude, man, he wouldn't
give me his watch.
521
00:22:43,928 --> 00:22:45,759
If he gives me
the watch, I'm gone.
522
00:22:45,830 --> 00:22:47,798
So since he wouldn't give you
his watch, you shot him?
523
00:22:47,865 --> 00:22:48,923
Is that how it happened?
524
00:22:49,000 --> 00:22:50,024
I didn't mean to, man.
I swear.
525
00:22:50,101 --> 00:22:53,434
Okay, I want you to write
down exactly what happened,
526
00:22:53,504 --> 00:22:56,496
and date and sign
the bottom of each page.
527
00:22:59,611 --> 00:23:02,273
Can I say how I
didn't mean to do it?
528
00:23:02,348 --> 00:23:03,610
You mean, how you only shot him
529
00:23:03,749 --> 00:23:05,011
'cause he wouldn't
give you his watch?
530
00:23:05,084 --> 00:23:07,678
Yeah, yeah.
The D.A. Will like that.
531
00:23:13,359 --> 00:23:15,156
Garcia's a junkie
and a two-bit thief.
532
00:23:15,294 --> 00:23:17,091
He's got three arrests,
no convictions.
533
00:23:17,162 --> 00:23:18,686
A very thorough confession.
534
00:23:18,832 --> 00:23:20,390
Hey, he's the guy.
535
00:23:20,467 --> 00:23:24,597
So was Bodak.
Let's get him back to his fianc�e.
536
00:23:24,671 --> 00:23:26,605
I'll arrange the release.
537
00:23:26,740 --> 00:23:28,708
Our trial prep
just got a lot easier.
538
00:23:30,210 --> 00:23:32,144
Mr. Bodak, we're very sorry
about what happened.
539
00:23:32,212 --> 00:23:33,679
Save it. We're not
gonna be friends.
540
00:23:33,747 --> 00:23:36,545
We expedited your release three hours after Mr.
Garcia confessed.
541
00:23:36,616 --> 00:23:38,709
I've been in
jail for three days.
542
00:23:38,785 --> 00:23:42,244
You want to make me feel
good, leave me alone.
543
00:23:42,323 --> 00:23:44,723
You owe him a lot
more than an apology.
544
00:23:44,792 --> 00:23:46,419
Mike Bodak wasn't
just wrongly accused.
545
00:23:46,560 --> 00:23:48,187
We can't just un-ring
the bell, Mr. Joosten.
546
00:23:48,262 --> 00:23:51,595
He was humiliated in front of
his future wife and family.
547
00:23:51,665 --> 00:23:53,860
We both know that
wasn't necessary.
548
00:23:55,770 --> 00:23:58,136
And we thought everything
was working out so well.
549
00:23:59,473 --> 00:24:01,806
He'll get over it.
550
00:24:01,877 --> 00:24:07,144
Now for the bad news.
Garcia's attorney's trying to suppress the ID.
551
00:24:07,215 --> 00:24:09,740
We have a meeting with
Judge lannello tomorrow.
552
00:24:11,219 --> 00:24:13,346
This was no
line-up, it was a setup.
553
00:24:13,422 --> 00:24:15,049
An arranged
confrontation between
554
00:24:15,190 --> 00:24:16,851
their witness and my
client in a courtroom.
555
00:24:16,925 --> 00:24:19,621
The observation was
completely accidental, Your Honor.
556
00:24:19,694 --> 00:24:21,890
I refer you to
People v. Diaz.
557
00:24:21,964 --> 00:24:23,864
An accidental ID
in a police station
558
00:24:24,000 --> 00:24:25,900
was ruled unavoidable and admissible.
559
00:24:25,968 --> 00:24:27,060
Well, this was avoidable.
560
00:24:27,136 --> 00:24:29,331
The police had no reason to bring
the witness to the courthouse.
561
00:24:29,405 --> 00:24:30,872
It was a good faith mistake.
562
00:24:31,007 --> 00:24:32,474
Maybe. Maybe not.
563
00:24:32,542 --> 00:24:34,635
They prejudiced their
witness against my client.
564
00:24:34,710 --> 00:24:36,974
She saw him coming out of a
criminal courthouse with a lawyer.
565
00:24:37,046 --> 00:24:39,105
She couldn't help assume
that he was a criminal.
566
00:24:39,182 --> 00:24:40,945
It wasn't written
on his forehead.
567
00:24:41,017 --> 00:24:43,646
An unshaven Hispanic male
in jeans and an Army jacket
568
00:24:43,720 --> 00:24:46,746
talking to a white man in a suit.
The implication is obvious.
569
00:24:46,824 --> 00:24:49,452
He's right, Mr. McCoy.
The ID's tainted.
570
00:24:49,526 --> 00:24:52,222
Your officers should have
exercised more care.
571
00:24:52,296 --> 00:24:54,264
Your Honor, the warrant to
search my client's apartment
572
00:24:54,331 --> 00:24:55,855
was predicated on that ID.
573
00:24:55,933 --> 00:24:58,128
Yes, the evidence seized
there is out as well.
574
00:24:58,202 --> 00:25:01,330
That's a gun, bloody
sock and a wallet.
575
00:25:01,405 --> 00:25:04,967
The wallet was found on Mr.
Garcia's brother outside the apartment.
576
00:25:05,043 --> 00:25:08,604
Mr. Garcia has no standing to
object to a search of his brother.
577
00:25:08,680 --> 00:25:11,342
That's one for you, Mr.
McCoy. The wallet's in.
578
00:25:11,416 --> 00:25:13,008
There's still the
confession, Your Honor.
579
00:25:13,084 --> 00:25:14,312
If my client
hadn't been confronted
580
00:25:14,452 --> 00:25:15,680
with the illegally
seized evidence,
581
00:25:15,753 --> 00:25:17,084
he never would have confessed.
582
00:25:17,222 --> 00:25:18,553
Your Honor,
under Frazier v. Cupp,
583
00:25:18,623 --> 00:25:20,523
the police are permitted to lie
584
00:25:20,658 --> 00:25:22,592
to a suspect to
extract a confession.
585
00:25:22,660 --> 00:25:24,788
To exclude a confession
based on the truth...
586
00:25:24,864 --> 00:25:26,126
Well, then they
should have lied
587
00:25:26,265 --> 00:25:27,562
instead of violating
my client's rights.
588
00:25:27,633 --> 00:25:29,328
I'm afraid Mr.
Shuman's right.
589
00:25:29,468 --> 00:25:31,163
I'm going to
have to suppress it.
590
00:25:31,237 --> 00:25:32,534
I'm due in court.
591
00:25:32,671 --> 00:25:34,002
Oh, there's one
other thing, Your Honor.
592
00:25:34,106 --> 00:25:35,368
What, Mr. Shuman?
593
00:25:35,441 --> 00:25:37,705
My client's sitting in Rikers.
All they have is a wallet.
594
00:25:37,776 --> 00:25:39,175
It's not enough to
sustain murder two.
595
00:25:39,245 --> 00:25:40,576
We're developing
other evidence.
596
00:25:40,646 --> 00:25:43,615
Well, when you do you can
re-arrest Mr. Garcia.
597
00:25:43,682 --> 00:25:47,119
For now, the charges
against him are dismissed.
598
00:25:47,187 --> 00:25:49,519
Cops blew it.
Won't be the last time.
599
00:25:49,589 --> 00:25:53,252
Get an ID from the dry cleaner
or the pharmacist or both.
600
00:25:53,326 --> 00:25:54,953
The pharmacist is on
a cruise for two weeks,
601
00:25:55,095 --> 00:25:56,756
the dry cleaner
couldn't pick him out,
602
00:25:56,830 --> 00:25:57,956
and the doctor who treated him
603
00:25:58,098 --> 00:25:59,258
doesn't remember
what he looked like.
604
00:25:59,332 --> 00:26:00,890
Our only shot is Bodak.
605
00:26:01,034 --> 00:26:02,592
Bodak saw Garcia?
606
00:26:02,669 --> 00:26:03,727
During the second interview,
607
00:26:03,803 --> 00:26:05,464
Bodak said he passed a Latino
608
00:26:05,539 --> 00:26:08,134
right after he left Sherman.
609
00:26:08,209 --> 00:26:10,973
You didn't have him look at
Garcia before he was released?
610
00:26:11,045 --> 00:26:13,809
We had incriminating physical
evidence and a confession.
611
00:26:13,881 --> 00:26:16,975
And now you have neither.
Better find Mr. Bodak.
612
00:26:19,186 --> 00:26:22,678
Mr. Bodak, if you can identify
this man, we can re-arrest him.
613
00:26:22,757 --> 00:26:25,021
Two days out of jail, and you
want me to save your ass?
614
00:26:26,761 --> 00:26:28,821
Tell your bosses it'll be 20 years
before I owe them anything.
615
00:26:28,931 --> 00:26:30,922
You don't owe them.
And since you barely knew Matthew Sherman,
616
00:26:30,999 --> 00:26:32,227
I guess you
don't owe him either.
617
00:26:32,334 --> 00:26:33,631
Hey, who owes me,
Ms. Ross?
618
00:26:33,702 --> 00:26:34,999
You act like that
other stuff never happened.
619
00:26:35,070 --> 00:26:36,162
I'm sorry.
620
00:26:36,238 --> 00:26:37,865
Yeah, you're real good
at that, saying you're sorry.
621
00:26:37,940 --> 00:26:39,430
I actually do feel
sorry for you.
622
00:26:39,508 --> 00:26:41,032
A decent guy who got screwed.
623
00:26:41,109 --> 00:26:43,236
But when a decent
guy has the opportunity
624
00:26:43,378 --> 00:26:45,505
to put a killer
behind bars, he stands up.
625
00:26:52,755 --> 00:26:54,222
I guess you two have met.
626
00:26:54,290 --> 00:26:56,850
Listen, what happened
before was nothing personal.
627
00:26:56,926 --> 00:26:58,553
The photo array is all set up.
628
00:26:58,628 --> 00:27:00,289
If there's any way we
can make it up to you...
629
00:27:00,363 --> 00:27:01,728
You've done enough already.
630
00:27:01,864 --> 00:27:03,263
We're going to
show you six photos.
631
00:27:03,333 --> 00:27:05,096
You see the guy who passed
you on Greenwich Street,
632
00:27:05,168 --> 00:27:07,102
you point to him, all right?
633
00:27:11,208 --> 00:27:12,402
That's him.
Number One?
634
00:27:12,476 --> 00:27:14,501
You sure?
Yup. Absolutely.
635
00:27:19,049 --> 00:27:20,516
Whoa, whoa...
636
00:27:20,651 --> 00:27:22,118
Fellows, relax, man.
I ain't going nowhere.
637
00:27:22,186 --> 00:27:23,278
Put your hands
on your head, now.
638
00:27:23,354 --> 00:27:24,412
Hey, you can't do this.
639
00:27:24,488 --> 00:27:25,580
Oh, no?
Watch this.
640
00:27:25,723 --> 00:27:26,849
You're under arrest for murder.
641
00:27:26,924 --> 00:27:29,290
No, man! His lawyer said
that stuff got thrown out.
642
00:27:29,360 --> 00:27:30,486
Never trust lawyers, man.
643
00:27:30,561 --> 00:27:31,654
The judge said that.
644
00:27:31,730 --> 00:27:32,958
You have the right
to remain silent.
645
00:27:33,098 --> 00:27:34,326
Hey, this is wrong, man.
646
00:27:34,399 --> 00:27:35,525
Anything you say...
I didn't kill nobody.
647
00:27:35,600 --> 00:27:36,658
Can and will
be used against you
648
00:27:36,735 --> 00:27:38,225
in a court of law.
You change your mind?
649
00:27:38,303 --> 00:27:40,794
I guess we'll just have to convict
you the old-fashioned way.
650
00:27:40,872 --> 00:27:42,032
You have
the right to an attorney...
651
00:27:44,809 --> 00:27:47,209
Your Honor, this arrest makes
a mockery of your ruling.
652
00:27:47,278 --> 00:27:50,076
Mr. Garcia was independently
identified by a witness
653
00:27:50,148 --> 00:27:51,638
who saw him in
the vicinity of the murder.
654
00:27:51,783 --> 00:27:53,274
My client was in
that photo array
655
00:27:53,352 --> 00:27:55,650
only because of the tainted
ID by Virginia Watts.
656
00:27:55,721 --> 00:27:58,281
Mr. Garcia had
his mug shot taken
657
00:27:58,357 --> 00:27:59,790
when he was arrested
for shoplifting.
658
00:27:59,859 --> 00:28:01,326
It would've only
been a matter of time
659
00:28:01,394 --> 00:28:03,828
before Mr. Bodak picked
him out of the mug books.
660
00:28:03,896 --> 00:28:06,057
Sounds right to me, Mr.
Shuman. The arrest stands.
661
00:28:06,132 --> 00:28:08,862
Your Honor, I also ask you to
reconsider your earlier suppression
662
00:28:08,934 --> 00:28:10,367
of the murder weapon
and the bloody sock.
663
00:28:10,436 --> 00:28:12,370
There's no way they would've
gotten a search warrant
664
00:28:12,438 --> 00:28:14,202
based solely on Mr.
Bodak's ID.
665
00:28:14,274 --> 00:28:15,639
If it was enough to
support an arrest,
666
00:28:15,709 --> 00:28:17,540
it's certainly enough
to support a search warrant.
667
00:28:17,611 --> 00:28:19,340
Nice try, Mr. McCoy.
668
00:28:19,413 --> 00:28:20,812
What I said before stands.
669
00:28:20,881 --> 00:28:22,508
The gun and the sock stay out.
670
00:28:25,419 --> 00:28:29,253
You got Bodak's ID
and Garcia's prints
671
00:28:29,322 --> 00:28:31,722
on the victim's wallet.
Good luck.
672
00:28:31,792 --> 00:28:33,020
We have more than that.
673
00:28:33,093 --> 00:28:35,392
His confession was front
page in all the papers
674
00:28:35,463 --> 00:28:37,363
and led the 11:00 news.
675
00:28:37,999 --> 00:28:39,864
The audience makes
up our jury pool.
676
00:28:39,934 --> 00:28:41,765
They'll be
excluded in voir dire.
677
00:28:41,903 --> 00:28:43,734
Only if they admit it.
678
00:28:44,839 --> 00:28:46,306
Jack, I can't reach Bodak.
679
00:28:46,374 --> 00:28:48,774
He isn't answering his phone,
he isn't returning my messages,
680
00:28:48,843 --> 00:28:51,505
and his boss said he
didn't show up for work.
681
00:28:51,579 --> 00:28:53,809
Then you better get
over to his place.
682
00:28:56,518 --> 00:28:57,542
The guy called
and said he did it
683
00:28:57,686 --> 00:28:58,744
to prove that he
could get to me,
684
00:28:58,821 --> 00:29:01,813
and that if I testify, he's gonna do
to my face what he did to the bed.
685
00:29:01,890 --> 00:29:03,084
You should've called us.
686
00:29:03,158 --> 00:29:04,284
Look, I think
the best thing I can do
687
00:29:04,359 --> 00:29:05,986
is just keep my mouth shut,
so can you please go?
688
00:29:06,061 --> 00:29:07,528
Hiding out in your apartment
isn't the answer.
689
00:29:07,596 --> 00:29:08,756
I'll take it
over getting cut up.
690
00:29:08,897 --> 00:29:10,057
We can protect you,
691
00:29:10,132 --> 00:29:11,963
put you up in a hotel,
round-the-clock guards.
692
00:29:12,034 --> 00:29:13,331
What, for the rest of my life?
693
00:29:13,469 --> 00:29:14,800
Look, we know
Garcia killed Sherman,
694
00:29:14,870 --> 00:29:16,998
but we can't
prove it without you.
695
00:29:20,410 --> 00:29:22,435
All I did was see a guy
walking down the street.
696
00:29:22,512 --> 00:29:25,709
You're a material witness.
That means we can arrest you.
697
00:29:27,117 --> 00:29:28,106
You do that.
698
00:29:38,562 --> 00:29:41,929
We can drag Bodak into court, but I
don't think he'll finger Garcia.
699
00:29:41,999 --> 00:29:44,593
Then the judge will find him in
contempt and throw him in jail
700
00:29:44,668 --> 00:29:45,794
until he changes his mind.
701
00:29:45,936 --> 00:29:47,096
He's not worried
about contempt,
702
00:29:47,171 --> 00:29:48,763
he's worried about
having his throat slit.
703
00:29:48,906 --> 00:29:50,533
I got the cops
watching his place.
704
00:29:50,608 --> 00:29:52,132
How about we find
out who's making
705
00:29:52,276 --> 00:29:53,800
the calls and
throw him in jail?
706
00:29:53,878 --> 00:29:56,711
It's not Garcia.
Rikers keeps records of all inmate calls.
707
00:29:56,781 --> 00:29:59,148
What about his loving
and supportive family?
708
00:29:59,217 --> 00:30:02,516
There's only his brother.
Nothing on the home phone LUDs.
709
00:30:02,587 --> 00:30:04,214
We've got a tap
on Bodak's phone.
710
00:30:04,289 --> 00:30:08,055
If he never calls back, you have
nothing and we look like amateurs.
711
00:30:08,126 --> 00:30:10,356
Cut a deal with Garcia.
712
00:30:14,166 --> 00:30:16,361
Watch, they're
gonna offer us a deal.
713
00:30:16,501 --> 00:30:18,696
We won't keep you in suspense.
714
00:30:18,770 --> 00:30:20,500
Mr. Garcia pleads
to murder two...
715
00:30:20,640 --> 00:30:22,403
You're dreaming.
716
00:30:22,475 --> 00:30:24,102
They got no case.
717
00:30:24,243 --> 00:30:25,904
We recommend 20-to-life.
718
00:30:25,978 --> 00:30:28,811
If that's all you're putting
on the table, then we're done.
719
00:30:28,881 --> 00:30:30,815
You're putting
your life on the line.
720
00:30:31,751 --> 00:30:33,651
You've got nothing.
You've got a wallet.
721
00:30:33,719 --> 00:30:35,414
And a witness who puts him
in the middle of things.
722
00:30:35,488 --> 00:30:37,285
The one who remembered
seeing someone,
723
00:30:37,356 --> 00:30:39,847
what, during his seventh
or eighth interview?
724
00:30:39,960 --> 00:30:41,825
A witness who
can't wait to testify.
725
00:30:41,895 --> 00:30:44,728
I'll eat him alive.
The guy's got zero credibility.
726
00:30:46,066 --> 00:30:47,328
Come on, you gonna
make a serious offer,
727
00:30:47,401 --> 00:30:49,733
or are we just gonna sit around
here and play with ourselves?
728
00:30:49,803 --> 00:30:51,532
The offer is murder two.
729
00:30:51,672 --> 00:30:53,401
Guard.
730
00:30:55,542 --> 00:30:57,339
Think about it, Ricky.
731
00:31:03,718 --> 00:31:05,743
Rey, the rules say
you gotta play.
732
00:31:05,820 --> 00:31:07,082
Yeah, yeah.
733
00:31:08,223 --> 00:31:09,622
I don't know, Lennie.
We've been here two nights,
734
00:31:09,691 --> 00:31:11,784
and Bodak's gotten
a total of two calls.
735
00:31:11,860 --> 00:31:12,884
Gin.
736
00:31:12,961 --> 00:31:13,950
Bingo.
737
00:31:16,464 --> 00:31:17,692
Hello.
738
00:31:17,832 --> 00:31:19,094
I guess you
weren't listening before.
739
00:31:19,167 --> 00:31:21,863
You go to court,
you're a dead man.
740
00:31:23,739 --> 00:31:24,967
Got him.
741
00:31:26,075 --> 00:31:29,533
The number traces to a Belvedere
Refuse Company on West 23rd,
742
00:31:29,612 --> 00:31:31,011
where Tony Garcia works.
743
00:31:31,080 --> 00:31:33,310
I'll call and find out
what route he's working.
744
00:31:33,382 --> 00:31:35,714
And I thought our
intimidator had retired.
745
00:31:35,851 --> 00:31:38,183
Just needed
a little motivation.
746
00:31:41,056 --> 00:31:44,185
Hey, Tony, you're under arrest
for intimidating a witness.
747
00:31:44,261 --> 00:31:45,660
I don't know what
you're talking about.
748
00:31:45,729 --> 00:31:47,822
We have tape of you
calling Bodak last night.
749
00:31:47,898 --> 00:31:49,195
You want to do
yourself some good,
750
00:31:49,332 --> 00:31:50,629
you'll tell us
what Ricky told you.
751
00:31:50,700 --> 00:31:52,827
Or you could play the dedicated
brother, that's all right.
752
00:31:52,903 --> 00:31:54,837
You can both go to
jail for 20 years.
753
00:31:54,905 --> 00:31:57,373
I didn't do nothing,
and neither did my brother.
754
00:31:58,008 --> 00:32:00,306
Witness tampering is a felony.
755
00:32:00,377 --> 00:32:05,042
And you have one felony conviction already.
Grand Theft Auto in '91.
756
00:32:05,116 --> 00:32:07,607
That means you're looking at
four years for one phone call.
757
00:32:07,685 --> 00:32:09,744
Unless you agree to testify
against your brother.
758
00:32:09,820 --> 00:32:11,287
In which case,
we'll knock it down
759
00:32:11,422 --> 00:32:12,912
to misdemeanor
attempted tampering
760
00:32:12,990 --> 00:32:14,287
and recommend probation.
761
00:32:14,358 --> 00:32:15,757
Hey, I didn't make
no phone calls.
762
00:32:15,893 --> 00:32:17,326
We can get a voice print.
763
00:32:17,395 --> 00:32:19,727
Which is
notoriously unreliable.
764
00:32:20,564 --> 00:32:24,728
You want your brother to get off, right?
Let's say that happens.
765
00:32:24,802 --> 00:32:28,364
Then he's free, and you're
doing four years in Attica.
766
00:32:28,440 --> 00:32:30,670
Seems to me you're getting
the short end of the stick.
767
00:32:30,742 --> 00:32:33,643
Or maybe they'll both get off
because they're both innocent.
768
00:32:33,712 --> 00:32:35,577
Or hadn't that
crossed your mind?
769
00:32:42,487 --> 00:32:44,284
What if he gets out?
770
00:32:44,423 --> 00:32:46,221
We have him on tape
making the threats.
771
00:32:46,292 --> 00:32:47,384
He's not going anywhere.
772
00:32:47,527 --> 00:32:48,619
I'm concerned with his brother.
773
00:32:48,695 --> 00:32:51,289
He will get out if
you don't testify.
774
00:32:51,364 --> 00:32:55,232
Forget it, Mike. Who knows what other
friends Garcia's got out there?
775
00:32:56,235 --> 00:32:58,499
Mr. Gottlieb, I expected
you to be more helpful.
776
00:32:58,571 --> 00:33:02,507
I'm looking out for my own.
Mike's got Ruth to think about.
777
00:33:02,575 --> 00:33:04,304
These animals could just
as well come after her.
778
00:33:04,377 --> 00:33:05,776
We gave you protection.
779
00:33:05,912 --> 00:33:07,346
We arrested the person
who was threatening you.
780
00:33:07,414 --> 00:33:08,472
What more can we do?
781
00:33:08,615 --> 00:33:09,707
You can
leave him alone.
782
00:33:09,783 --> 00:33:11,717
If Garcia's on
the street, it's only
783
00:33:11,785 --> 00:33:13,844
a matter of time
before he kills again.
784
00:33:13,921 --> 00:33:15,616
That's good.
Making him feel guilty.
785
00:33:15,689 --> 00:33:18,453
You can stop him, Mr.
Bodak, with your testimony.
786
00:33:18,525 --> 00:33:20,322
It's not
your problem, Mike.
787
00:33:21,362 --> 00:33:22,761
Can we count on you?
788
00:33:22,830 --> 00:33:24,559
You got no
obligation whatsoever.
789
00:33:30,438 --> 00:33:31,735
Yeah.
Mike...
790
00:33:31,806 --> 00:33:33,137
Frank, I saw the guy.
791
00:33:34,876 --> 00:33:38,676
I can't agree with you, Mike.
You ought to be thinking about your family.
792
00:33:45,286 --> 00:33:46,651
I'll hold up my end.
793
00:33:52,928 --> 00:33:56,989
The tire jack was on the street,
next to the front tire.
794
00:33:57,066 --> 00:33:59,398
At first, I didn't see Matthew.
795
00:34:02,304 --> 00:34:04,329
I found him in the car.
796
00:34:07,209 --> 00:34:11,408
It didn't make sense.
I thought he was sleeping at first.
797
00:34:11,481 --> 00:34:14,507
And then I saw the blood
all over his chest.
798
00:34:19,256 --> 00:34:21,486
Do you recognize this wallet?
799
00:34:23,527 --> 00:34:26,792
Yeah. It's Matthew's.
800
00:34:28,231 --> 00:34:31,201
Our grandfather gave it to
him for his 21st birthday.
801
00:34:32,637 --> 00:34:34,298
Thank you, Tiffany.
802
00:34:37,809 --> 00:34:39,071
Your witness.
803
00:34:41,612 --> 00:34:43,477
Miss Sherman,
did you see my client
804
00:34:43,614 --> 00:34:45,479
anywhere near
your brother's car?
805
00:34:46,417 --> 00:34:47,475
No.
806
00:34:47,552 --> 00:34:50,521
You testified that you identified
a man named Mike Bodak
807
00:34:50,588 --> 00:34:52,523
coming into the donut shop
just before you left,
808
00:34:52,591 --> 00:34:54,115
is that correct?
Yes.
809
00:34:54,193 --> 00:34:55,251
And he had grease on his hands.
810
00:34:55,394 --> 00:34:56,486
Yes.
811
00:34:56,562 --> 00:34:58,359
Grease from your brother's car.
Objection.
812
00:34:58,430 --> 00:35:00,227
The witness isn't
qualified to answer that.
813
00:35:00,365 --> 00:35:02,196
Withdrawn.
814
00:35:02,267 --> 00:35:04,360
Did Mr. Bodak
say anything to you
815
00:35:04,503 --> 00:35:06,528
or to the counter
man when he came in?
816
00:35:06,605 --> 00:35:07,594
No.
817
00:35:07,673 --> 00:35:08,833
What did he do?
818
00:35:08,907 --> 00:35:11,603
He wiped grease from his hands.
819
00:35:12,945 --> 00:35:15,881
Did he seem to be in a hurry?
820
00:35:15,949 --> 00:35:19,817
I don't know. He just took some
napkins and cleaned his hands.
821
00:35:20,487 --> 00:35:22,182
Thank you.
No further questions.
822
00:35:22,989 --> 00:35:24,650
You may step down,
Miss Sherman.
823
00:35:27,727 --> 00:35:28,989
Where's Bodak?
824
00:35:29,129 --> 00:35:30,426
He was arrested by Bronx Vice.
825
00:35:30,497 --> 00:35:33,125
Mr. McCoy, call
your next witness.
826
00:35:37,171 --> 00:35:39,196
Your Honor, the People
request a recess.
827
00:35:39,273 --> 00:35:40,297
For what purpose?
828
00:35:40,374 --> 00:35:41,932
Our final witness
has been delayed.
829
00:35:42,076 --> 00:35:43,668
We're confident
he'll be here shortly.
830
00:35:43,744 --> 00:35:45,803
We'll recess till after lunch.
831
00:35:45,880 --> 00:35:48,075
And unless you have
a witness to present,
832
00:35:48,215 --> 00:35:50,445
we'll move on to
the defense case.
833
00:35:52,052 --> 00:35:53,576
Bodak went back
to work at one of
834
00:35:53,654 --> 00:35:55,282
D'A ntoni's other
bookmaking locations.
835
00:35:55,390 --> 00:35:56,379
It was raided.
836
00:35:58,760 --> 00:35:59,784
Where is he now?
837
00:35:59,861 --> 00:36:01,761
In a holding cell
at the 58th Precinct.
838
00:36:01,830 --> 00:36:04,196
The riding A.D.A.
In the Bronx is Polk.
839
00:36:05,534 --> 00:36:08,128
You stay here in case
we need another delay.
840
00:36:09,504 --> 00:36:13,270
Mike Bodak is the key witness
in the Garcia murder trial.
841
00:36:13,341 --> 00:36:14,740
Without him, we have no case.
842
00:36:14,843 --> 00:36:17,176
From what I hear you don't
have much of a case with him.
843
00:36:17,246 --> 00:36:20,272
We raided one of D'A ntoni's
places as part of our operation.
844
00:36:20,349 --> 00:36:21,441
It's not my fault your witness
845
00:36:21,584 --> 00:36:22,710
was sitting there
when we walked in.
846
00:36:22,785 --> 00:36:25,379
I'm sure Corrections will
furlough him to testify.
847
00:36:25,454 --> 00:36:27,513
You're an A.D.A.
You know we don't
848
00:36:27,590 --> 00:36:29,217
want him coming in
with a felony record.
849
00:36:29,292 --> 00:36:30,657
If I give Bodak immunity,
850
00:36:30,726 --> 00:36:33,320
he has zero incentive to
testify against D'A ntoni.
851
00:36:33,396 --> 00:36:34,920
Give him a walk
without immunity.
852
00:36:34,997 --> 00:36:37,694
If you still need Bodak
later, you can pick him up.
853
00:36:37,768 --> 00:36:39,531
It'll be months before
your trial starts.
854
00:36:39,603 --> 00:36:40,763
What if he takes off?
855
00:36:40,837 --> 00:36:45,001
It's a Class E felony and his jacket's clean.
He's not going to run.
856
00:36:47,311 --> 00:36:49,973
You must be out of your mind
if you thought we'd agree.
857
00:36:50,047 --> 00:36:52,538
Mike's not saying word one
at your murder trial
858
00:36:52,616 --> 00:36:54,709
unless he gets full
immunity on these charges.
859
00:36:54,785 --> 00:36:56,582
The Bronx D.A.
Won't agree to that.
860
00:36:56,720 --> 00:36:58,552
Then you have a problem, McCoy.
861
00:36:58,623 --> 00:37:00,523
Mr. Bodak, you
promised to testify.
862
00:37:00,592 --> 00:37:03,561
He didn't promise to incriminate
himself for bookmaking.
863
00:37:03,628 --> 00:37:05,255
Mike, anything you
say at the murder trial,
864
00:37:05,396 --> 00:37:07,057
the Bronx D.A.
Can use against you.
865
00:37:07,131 --> 00:37:09,326
I'll do everything I can to
protect you on the stand,
866
00:37:09,400 --> 00:37:10,697
but I need you on the stand.
867
00:37:10,768 --> 00:37:12,030
All right, we're done talking, McCoy.
868
00:37:12,103 --> 00:37:13,593
Mr. Bodak...
869
00:37:13,738 --> 00:37:15,228
What? What am I
supposed to say?
870
00:37:15,306 --> 00:37:17,206
Look where I am.
871
00:37:17,275 --> 00:37:19,642
They want me to finger Ray
D'A ntoni, Mr. McCoy.
872
00:37:19,712 --> 00:37:21,771
They want me for that.
You want me for Garcia.
873
00:37:21,847 --> 00:37:22,905
I'm getting killed here.
874
00:37:22,982 --> 00:37:23,949
I know.
875
00:37:25,251 --> 00:37:28,778
I don't understand.
I just helped a guy change a tire.
876
00:37:30,556 --> 00:37:32,114
I don't get it.
877
00:37:32,191 --> 00:37:34,659
You help me, Mr.
Bodak, and I'll help you.
878
00:37:34,727 --> 00:37:36,991
I don't think he can stand
much more of your help.
879
00:37:37,062 --> 00:37:42,000
Fine. Listen to him.
Stay here and stand trial for bookmaking,
880
00:37:42,068 --> 00:37:44,298
while Ricky Garcia is acquitted
for lack of evidence.
881
00:37:44,371 --> 00:37:46,236
All right, that's enough, McCoy.
You'll be in jail,
882
00:37:46,306 --> 00:37:49,469
and he'll be out there doing
drugs and killing people.
883
00:37:51,044 --> 00:37:52,568
Your choice.
884
00:37:58,084 --> 00:37:59,949
It's too risky, Mike.
885
00:38:09,030 --> 00:38:11,794
He was having trouble
loosening the lug nuts,
886
00:38:11,866 --> 00:38:14,096
so I offered to help.
887
00:38:14,935 --> 00:38:17,733
After I got the nuts loose,
we jacked the car up
888
00:38:17,805 --> 00:38:19,136
and I pulled his tire off.
889
00:38:19,273 --> 00:38:20,638
What did you do then?
890
00:38:20,708 --> 00:38:23,803
Well, he said that he could
handle the rest, so I took off.
891
00:38:24,946 --> 00:38:26,379
North on Greenwich.
892
00:38:26,448 --> 00:38:30,009
As you were walking north on
Greenwich, did you pass anyone?
893
00:38:30,085 --> 00:38:33,680
Yeah, half a block
from the car,
894
00:38:33,755 --> 00:38:36,121
I passed a guy who
was walking towards
895
00:38:36,258 --> 00:38:38,658
where Mr. Sherman
was fixing the flat.
896
00:38:38,727 --> 00:38:41,218
Do you recall a statement
you gave the police
897
00:38:41,296 --> 00:38:42,957
prior to Mr. Garcia's arrest?
898
00:38:43,666 --> 00:38:44,758
Yes.
899
00:38:44,834 --> 00:38:48,565
Do you recall how you
described the man you saw?
900
00:38:48,638 --> 00:38:51,869
I said he was Hispanic,
average height,
901
00:38:52,008 --> 00:38:55,273
with a dragon tattoo
on his right hand.
902
00:38:56,312 --> 00:38:59,475
Is the man you saw walking toward Mr.
Sherman's car
903
00:38:59,582 --> 00:39:00,981
in this courtroom?
904
00:39:02,785 --> 00:39:03,843
Yes.
905
00:39:04,955 --> 00:39:06,980
That's him at
the table over there.
906
00:39:07,858 --> 00:39:14,195
Let the record indicate Mr.
Bodak pointed at the defendant,
907
00:39:14,264 --> 00:39:15,561
Ricky Garcia.
908
00:39:16,800 --> 00:39:18,267
Your witness,
Mr. Shuman.
909
00:39:23,173 --> 00:39:25,164
Mr. Bodak, you were
arrested and charged
910
00:39:25,310 --> 00:39:27,301
with this murder also,
weren't you?
911
00:39:27,379 --> 00:39:29,279
By mistake.
They let me go.
912
00:39:29,347 --> 00:39:31,542
But only after you suddenly
remembered seeing someone
913
00:39:31,616 --> 00:39:34,141
who resembled my client near the scene
of the crime, isn't that right?
914
00:39:34,252 --> 00:39:35,446
Yes.
915
00:39:35,553 --> 00:39:37,043
When you supposedly
stopped to help
916
00:39:37,188 --> 00:39:38,678
Matthew Sherman
change the tire,
917
00:39:38,757 --> 00:39:39,883
where were you coming from?
918
00:39:39,958 --> 00:39:41,050
From work.
919
00:39:41,126 --> 00:39:42,423
You mean from the hotel.
920
00:39:42,560 --> 00:39:43,857
No.
921
00:39:43,928 --> 00:39:45,520
Then from where?
922
00:39:48,701 --> 00:39:50,362
You were coming
from a betting parlor
923
00:39:50,503 --> 00:39:52,198
run by bookmaker Ray D'A ntoni,
924
00:39:52,271 --> 00:39:55,434
where you answer the phone and
take bets, isn't that right?
925
00:40:00,112 --> 00:40:02,580
Your Honor, I wish to invoke
my Fifth Amendment privilege.
926
00:40:02,648 --> 00:40:05,879
In fact, you were still working for Mr.
D'A ntoni
927
00:40:05,951 --> 00:40:07,852
when you were arrested
yesterday, isn't that right?
928
00:40:07,921 --> 00:40:09,616
Which is why you weren't
here earlier to testify.
929
00:40:09,689 --> 00:40:11,247
Objection.
Relevance.
930
00:40:11,391 --> 00:40:12,949
Goes to credibility,
Your Honor.
931
00:40:13,026 --> 00:40:16,086
Overruled. Please answer
the question, Mr. Bodak.
932
00:40:20,867 --> 00:40:23,631
Yes, that's why I wasn't here.
I was under arrest.
933
00:40:25,439 --> 00:40:28,773
Do you collect betting debts for Mr.
D'A ntoni? Perhaps by using force?
934
00:40:28,843 --> 00:40:30,674
No. Matthew Sherman
ever place bets
935
00:40:30,745 --> 00:40:32,474
with Mr. D'A ntoni?
936
00:40:32,547 --> 00:40:35,038
No. Well, I don't know.
937
00:40:35,416 --> 00:40:36,747
Did he owe money to
Mr. D'A ntoni
938
00:40:36,818 --> 00:40:39,446
that you were trying to
collect that Sunday morning?
939
00:40:39,520 --> 00:40:41,215
No. I don't do
that kind of stuff.
940
00:40:41,289 --> 00:40:45,020
Well, then exactly what kind of
stuff did you do for Mr. D'A ntoni?
941
00:40:51,733 --> 00:40:53,724
I invoke my Fifth
Amendment privilege.
942
00:40:53,802 --> 00:40:56,168
Your Honor, please
direct the witness to answer.
943
00:40:56,238 --> 00:40:57,933
Mr. Bodak,
answer the question.
944
00:41:00,042 --> 00:41:01,475
I invoke my Fifth Amendment.
945
00:41:01,610 --> 00:41:03,077
Approach, Your Honor?
946
00:41:07,783 --> 00:41:10,047
Your Honor, the witness forfeited
his Fifth Amendment privilege
947
00:41:10,118 --> 00:41:11,552
when he answered
the People's questions.
948
00:41:11,621 --> 00:41:14,613
His whole line of
questioning is irrelevant.
949
00:41:14,724 --> 00:41:16,692
All right, take it to chambers.
950
00:41:16,826 --> 00:41:18,794
The court will
take a short recess.
951
00:41:19,963 --> 00:41:22,830
My questions might uncover a credible
alternate suspect to this crime.
952
00:41:22,899 --> 00:41:24,526
They're completely relevant.
He's fishing.
953
00:41:24,601 --> 00:41:26,193
Mr. Bodak was
put on the stand
954
00:41:26,269 --> 00:41:29,033
for the very limited purpose
of identifying the defendant.
955
00:41:29,105 --> 00:41:30,402
That's his limited
purpose, not mine.
956
00:41:30,473 --> 00:41:32,533
Your Honor, either Mr.
Bodak answers my questions,
957
00:41:32,610 --> 00:41:33,907
or I'm moving to strike.
All right.
958
00:41:33,978 --> 00:41:36,640
Mr. McCoy, your witness
cannot selectively
959
00:41:36,780 --> 00:41:39,476
invoke his privilege.
It's all or nothing.
960
00:41:41,852 --> 00:41:45,788
He's not putting his ass in a sling for you, McCoy.
He's got no immunity.
961
00:41:45,856 --> 00:41:47,323
He's not about to
incriminate himself.
962
00:41:47,391 --> 00:41:49,882
Does he know what happens to
this case if he doesn't answer?
963
00:41:49,960 --> 00:41:52,657
I'm looking out for
his interests, not yours.
964
00:41:58,203 --> 00:42:00,671
Mr. Bodak, I'm going to
give you another chance
965
00:42:00,739 --> 00:42:03,207
to answer Mr.
Shuman's question.
966
00:42:03,275 --> 00:42:06,142
Ms. Dorn, would you please
read back the question?
967
00:42:06,678 --> 00:42:10,910
Question, " Then exactly what kind of
stuff did you do for Mr. D'A ntoni?"
968
00:42:21,427 --> 00:42:23,190
I invoke my Fifth
Amendment privilege.
969
00:42:23,329 --> 00:42:25,092
All right, Mr. Bodak,
you're excused.
970
00:42:25,164 --> 00:42:27,860
Your Honor, for the record,
before you make your ruling
971
00:42:27,934 --> 00:42:29,629
I would like to
consult with the witness.
972
00:42:29,769 --> 00:42:31,498
Denied. Mr. Bodak,
step down.
973
00:42:32,572 --> 00:42:34,096
Members of the jury,
974
00:42:34,173 --> 00:42:36,267
I would like to
instruct you to disregard
975
00:42:36,410 --> 00:42:38,503
Mr. Bodak's
testimony in its entirety.
976
00:42:38,579 --> 00:42:40,103
Strike it all.
977
00:42:41,048 --> 00:42:42,413
He means disregard
that I ever saw him?
978
00:42:42,549 --> 00:42:43,914
All your testimony.
979
00:42:43,984 --> 00:42:47,442
Silence. Mr. Bodak, leave or
I'll cite you for contempt.
980
00:42:47,521 --> 00:42:48,579
Mike, come on.
981
00:42:48,655 --> 00:42:50,589
Your Honor, I move for a
dismissal of the charges
982
00:42:50,657 --> 00:42:53,558
on the basis that the People failed
to prove their prima facie case.
983
00:42:53,627 --> 00:42:54,787
I'll take that
motion under advisement.
984
00:42:54,928 --> 00:42:56,089
Your Honor, one moment, please.
985
00:42:56,164 --> 00:42:57,358
What now, Mr. McCoy?
986
00:42:57,498 --> 00:42:58,726
I'd like to talk to my witness.
987
00:42:58,800 --> 00:42:59,767
Objection, Your Honor.
988
00:42:59,901 --> 00:43:00,890
I haven't rested my case!
989
00:43:00,969 --> 00:43:02,869
You have 30 seconds.
990
00:43:03,938 --> 00:43:05,098
This is your last chance,
Mr. Bodak.
991
00:43:05,239 --> 00:43:06,399
Michael, let's go.
992
00:43:06,474 --> 00:43:09,204
Mr. McCoy, I am not going to
let him incriminate himself.
993
00:43:09,277 --> 00:43:11,939
Mr. Bodak, you're the only one who saw him.
Don't let him walk.
994
00:43:12,013 --> 00:43:14,880
Forget it. Mike,
this is not your problem.
995
00:43:15,717 --> 00:43:17,379
Mr. McCoy, you through
with your witness or not?
996
00:43:17,486 --> 00:43:20,114
Make up your mind,
Mr. Bodak. Quickly.
997
00:43:24,660 --> 00:43:26,594
Mike!
998
00:43:26,662 --> 00:43:29,961
Your Honor, the People would like to recall Mr.
Bodak to the stand.
999
00:43:30,032 --> 00:43:31,897
Your Honor, I object.
I'll allow it.
1000
00:43:31,967 --> 00:43:33,662
Your Honor, I'm Mr.
Bodak's attorney... Sit down.
1001
00:43:33,736 --> 00:43:37,001
Mr. Bodak, take the stand.
Remember you're still under oath.
1002
00:43:44,314 --> 00:43:45,713
Mr. Bodak,
1003
00:43:47,751 --> 00:43:50,447
Mr. Shuman asked you what you did for Mr.
D'A ntoni.
1004
00:43:51,821 --> 00:43:53,982
Are you prepared to
answer his question?
1005
00:43:56,026 --> 00:43:57,618
Yeah.
1006
00:43:59,330 --> 00:44:02,299
I took bets over
the phone for Mr. D'A ntoni.
1007
00:44:03,467 --> 00:44:05,935
Sometimes I helped count money.
1008
00:44:06,003 --> 00:44:07,698
That's why they arrested me.
1009
00:44:11,409 --> 00:44:15,539
But whatever you
think of me, that's okay.
1010
00:44:15,613 --> 00:44:18,639
But it does not change the
fact that I saw that man
1011
00:44:18,716 --> 00:44:21,015
walking towards
Mr. Sherman's car
1012
00:44:21,153 --> 00:44:23,451
right before
Mr. Sherman was murdered.
1013
00:44:30,028 --> 00:44:31,825
Thank you, Mr. Bodak.
1014
00:44:37,736 --> 00:44:39,101
No more questions.
1015
00:44:39,237 --> 00:44:40,637
Mr. Shuman?
1016
00:44:40,707 --> 00:44:42,174
No questions.
1017
00:44:43,076 --> 00:44:45,271
You may step down,
Mr. Bodak.
1018
00:44:45,645 --> 00:44:47,943
Members of the jury,
I direct you to
1019
00:44:48,081 --> 00:44:50,379
disregard my
previous instructions.
1020
00:44:50,450 --> 00:44:54,113
You may now consider all or part of Mr.
Bodak's testimony
1021
00:44:54,187 --> 00:44:56,212
during your deliberations.
1022
00:45:18,612 --> 00:45:21,547
Madam Forewoman, has the
jury reached a verdict?
1023
00:45:21,615 --> 00:45:23,106
We have, sir.
1024
00:45:23,184 --> 00:45:24,947
Will the defendant please rise?
1025
00:45:26,087 --> 00:45:29,215
On the first count of the indictment,
murder in the first degree,
1026
00:45:29,290 --> 00:45:30,552
how do you find?
1027
00:45:30,625 --> 00:45:32,752
We find the defendant,
Ricky Garcia,
1028
00:45:33,194 --> 00:45:34,320
guilty.
1029
00:45:36,131 --> 00:45:38,099
On the second count
of the indictment,
1030
00:45:38,166 --> 00:45:40,532
robbery in the first degree,
how do you find?
1031
00:45:40,602 --> 00:45:43,697
We find the defendant,
Ricky Garcia, guilty.
1032
00:45:48,511 --> 00:45:51,639
The Bronx D.A. Dropped the
bookmaking charges against Bodak.
1033
00:45:51,714 --> 00:45:53,807
We're lucky to have
had him as a witness.
1034
00:45:53,883 --> 00:45:58,217
Nice to know that the entire criminal
justice system rises or falls
1035
00:45:58,287 --> 00:46:00,653
on the decency of a Mike Bodak.
81084
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