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In the criminal justice system
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00:00:02,697 --> 00:00:06,531
the people are represented by two
separate yet equally important groups,
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00:00:06,601 --> 00:00:08,432
the police
who investigate crime
4
00:00:08,503 --> 00:00:11,301
and the district attorneys
who prosecute the offenders.
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00:00:11,372 --> 00:00:12,930
These are their stories.
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00:00:14,542 --> 00:00:15,634
Is he back there?
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00:00:15,710 --> 00:00:17,075
Nobody's
back there, Susan.
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00:00:17,145 --> 00:00:18,578
We're the dregs of the party.
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00:00:18,646 --> 00:00:20,011
I thought you two
were hitting it off.
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00:00:20,081 --> 00:00:23,710
Yeah. And the boat docked and
he sprinted for the door.
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00:00:24,018 --> 00:00:27,510
Oh. I don't think
they call it a door, Sally.
12
00:00:28,022 --> 00:00:29,512
He'll probably call.
13
00:00:29,590 --> 00:00:31,581
Well, if he doesn't,
I'll call him.
14
00:00:32,126 --> 00:00:33,650
Oh. That's against
the rules.
15
00:00:33,728 --> 00:00:35,253
So is sitting
home eating H�agen...
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00:00:44,807 --> 00:00:46,001
He just
started shooting.
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00:00:46,075 --> 00:00:48,168
I saw him behind that column.
I didn't see his face.
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00:00:48,243 --> 00:00:49,733
I think he was
wearing a trench coat.
19
00:00:49,812 --> 00:00:51,006
Did he say anything?
I don't know.
20
00:00:51,080 --> 00:00:53,105
I didn't hear a thing.
The woman in front of me was shot.
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00:00:53,182 --> 00:00:56,345
And that man is dead.
He was standing right next to me.
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00:00:56,418 --> 00:00:58,716
A group over here
took most of the fire.
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00:00:58,787 --> 00:01:00,118
We've got three people injured,
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00:01:00,189 --> 00:01:02,282
and this one dead at the scene.
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00:01:02,891 --> 00:01:05,485
There's a few shell casings
scattered down the pier,
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00:01:05,561 --> 00:01:07,825
and five in a bunch over here.
27
00:01:07,896 --> 00:01:09,693
Looks like 9mm auto.
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00:01:10,432 --> 00:01:12,297
So if the gun throws right,
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00:01:12,368 --> 00:01:14,268
the shooter had to be
standing about right here.
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00:01:14,837 --> 00:01:16,805
It was a cocktail cruise.
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00:01:16,872 --> 00:01:20,364
United Jewish Charities.
We're the young leadership committee.
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00:01:20,442 --> 00:01:22,933
That just means we're willing
to ask our friends to donate.
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00:01:23,012 --> 00:01:25,344
Was there any trouble
during the boat ride?
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00:01:25,414 --> 00:01:26,608
You think it was one of us?
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00:01:26,682 --> 00:01:28,673
Well, right now, sir, I
don't know what to think.
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00:01:28,751 --> 00:01:31,879
Detectives!
We got another fatality.
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00:01:33,188 --> 00:01:35,383
We found a woman
in the water. Drowned.
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00:01:35,457 --> 00:01:37,789
She was caught on a piling.
We got her purse.
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00:01:37,860 --> 00:01:40,328
She must've fell off the
pier during the shooting.
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00:01:40,396 --> 00:01:43,456
Lorna Kaminsky, 27.
NYU grad student.
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00:01:43,532 --> 00:01:45,501
We've got something else.
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00:01:45,668 --> 00:01:47,533
The shooter must've had
some time on his hands
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00:01:47,604 --> 00:01:50,164
while he was waiting
for the boat to come in.
44
00:01:54,711 --> 00:01:57,407
Good thing
he wasn't a better shot.
45
00:02:46,930 --> 00:02:50,058
It was crazy.
We were walking past the garage.
46
00:02:50,133 --> 00:02:51,600
There must have been 20 of us.
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00:02:51,668 --> 00:02:54,604
When the shooting started,
we looked back.
48
00:02:54,672 --> 00:02:57,163
The man with the gun started
running right at us.
49
00:02:57,241 --> 00:02:58,333
He was still shooting.
50
00:02:58,409 --> 00:02:59,637
Were you near Miss Kaminsky?
51
00:02:59,710 --> 00:03:02,144
I was talking to her.
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00:03:02,213 --> 00:03:04,147
We were gonna go
out for a drink.
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00:03:04,215 --> 00:03:07,378
I thought we'd just been
separated in all the confusion.
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00:03:07,451 --> 00:03:09,783
Did you see the man
who was doing the shooting?
55
00:03:11,622 --> 00:03:12,919
It was dark.
56
00:03:12,990 --> 00:03:15,083
We were all running.
57
00:03:17,394 --> 00:03:18,383
What?
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00:03:18,462 --> 00:03:19,986
I bumped into
somebody and fell.
59
00:03:20,064 --> 00:03:22,396
That's how I broke my ankle.
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00:03:22,466 --> 00:03:25,367
God, I hope I didn't
push her off the pier.
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00:03:26,837 --> 00:03:28,395
They say I was pretty lucky.
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00:03:28,472 --> 00:03:30,406
The bullet missed
everything important.
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00:03:30,508 --> 00:03:31,702
Well, if you were really lucky,
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00:03:31,775 --> 00:03:33,800
it would have
missed everything.
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00:03:34,578 --> 00:03:36,910
The man next to me,
he looked pretty bad.
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00:03:38,482 --> 00:03:39,608
He's dead.
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00:03:39,683 --> 00:03:42,174
And another woman fell in
the river and drowned.
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00:03:42,253 --> 00:03:45,051
Wow. Some cruise.
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00:03:46,090 --> 00:03:47,580
It was an
anti-Jewish thing?
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00:03:47,658 --> 00:03:49,819
We're not sure what it
was yet, Miss Beckner.
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00:03:49,894 --> 00:03:51,555
Nobody's claimed credit.
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00:03:52,196 --> 00:03:53,686
If I hadn't broken up
with my boyfriend,
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00:03:53,764 --> 00:03:57,029
I would've been at his country
house in Westchester.
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00:03:57,201 --> 00:04:00,432
Oh, God!
The things we do to meet men!
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00:04:00,504 --> 00:04:02,132
I thought this was
a fundraising group?
76
00:04:02,207 --> 00:04:03,265
It is.
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00:04:03,341 --> 00:04:05,434
But they make it
a singles fundraising group.
78
00:04:05,510 --> 00:04:08,809
Raise money for Israel,
maybe meet a Jewish doctor.
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00:04:09,447 --> 00:04:11,972
This isn't the way
I wanted to meet the doctor.
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00:04:12,050 --> 00:04:14,041
Miss Jacobs, did you see
the man who shot you?
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00:04:14,119 --> 00:04:15,143
No.
82
00:04:15,220 --> 00:04:17,347
Did you see anything unusual,
as the boat pulled in?
83
00:04:17,422 --> 00:04:19,219
Only that the guy
I was talking to
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00:04:19,291 --> 00:04:21,555
suddenly took off
before the shooting.
85
00:04:21,626 --> 00:04:24,117
He said he had
a limo waiting for him.
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00:04:26,298 --> 00:04:27,925
Mr. Weston had
to catch a plane.
87
00:04:27,999 --> 00:04:30,092
I got him to JFK in 35 minutes.
88
00:04:30,168 --> 00:04:31,635
Why the rush?
89
00:04:31,703 --> 00:04:33,068
The boat was supposed
to dock at 9:30,
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00:04:33,138 --> 00:04:34,628
but it didn't
get in till 10:00.
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00:04:34,706 --> 00:04:36,173
So where's
Mr. Weston now?
92
00:04:36,241 --> 00:04:37,640
Los Angeles.
93
00:04:38,476 --> 00:04:39,670
Come on, we were out of there
94
00:04:39,744 --> 00:04:40,938
before the shooting started.
95
00:04:41,012 --> 00:04:42,741
So you were waiting
around the pier
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00:04:42,814 --> 00:04:44,475
while the boat was
being late, right?
97
00:04:44,549 --> 00:04:46,449
Yeah, from 9:00 p.m.
98
00:04:46,518 --> 00:04:47,849
I'm always half an hour early.
99
00:04:47,919 --> 00:04:51,548
Well, did you see anybody hanging
around there wearing a trench coat?
100
00:04:51,623 --> 00:04:53,250
I was reading the Daily
News in the car.
101
00:04:53,325 --> 00:04:55,418
I only saw a bunch of
cabbies waiting, like me.
102
00:04:55,493 --> 00:04:57,290
There weren't any cabbies
when we got there.
103
00:04:57,362 --> 00:04:59,353
You think they want to sit around
and talk to cops all night?
104
00:04:59,431 --> 00:05:00,523
A bunch of foreigners?
105
00:05:00,599 --> 00:05:02,226
What kind of foreigners?
106
00:05:02,300 --> 00:05:04,200
I don't know.
Turks, Arabs,
107
00:05:04,269 --> 00:05:06,601
when was the last time you
saw a white taxi driver?
108
00:05:06,671 --> 00:05:09,698
Did you notice the names of
any of their cab companies?
109
00:05:09,775 --> 00:05:12,266
Yeah. There were a
couple from Sunshine.
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00:05:15,314 --> 00:05:18,647
We got Hamas. We got Islamic
Jihad, we got Gamaat Islamiya.
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00:05:18,718 --> 00:05:20,618
That's Sheik Omar
Abdel-Rahman's club.
112
00:05:20,686 --> 00:05:22,153
The guys who blew up
the World Trade Center?
113
00:05:22,221 --> 00:05:23,882
Actually, that's still
a little vague.
114
00:05:23,956 --> 00:05:25,787
You do keep track of these people?
Of course.
115
00:05:25,858 --> 00:05:27,723
We're the great Satan.
It's our job.
116
00:05:27,793 --> 00:05:29,090
To the extent
our satanic courts
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00:05:29,161 --> 00:05:31,129
will actually give us warrants
for the taps we need.
118
00:05:31,197 --> 00:05:34,394
So who's been striking blows
against Zionism lately?
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00:05:34,467 --> 00:05:36,332
Several dead guys in Tel Aviv.
120
00:05:36,402 --> 00:05:38,199
It's got to be something
being a cop over there.
121
00:05:38,271 --> 00:05:42,105
And on the Hudson?
Any blows against Zionist cocktail cruises?
122
00:05:42,174 --> 00:05:43,368
Nothing's popped on the wires.
123
00:05:43,442 --> 00:05:45,569
No unusual channels opened
or cash flowing.
124
00:05:45,645 --> 00:05:47,704
Did you run the roster
from Sunshine Cabs?
125
00:05:47,780 --> 00:05:48,940
Yeah.
126
00:05:49,015 --> 00:05:51,575
One hit from our watch list.
Nidal Salam.
127
00:05:51,651 --> 00:05:54,677
Veteran of the Holy War against
the Russians in Afghanistan.
128
00:05:54,754 --> 00:05:57,314
If you ask him nice,
he'll show you his wounds.
129
00:05:57,523 --> 00:06:00,117
Do you know Agent
Mulcahy from the FBI?
130
00:06:00,626 --> 00:06:02,787
He used to follow me
and take my picture.
131
00:06:02,862 --> 00:06:04,887
Well, we'd love to see what
he took of you Sunday night.
132
00:06:04,964 --> 00:06:08,161
It would not be very interesting.
I was home, sick.
133
00:06:08,234 --> 00:06:09,428
Did anybody see you there?
134
00:06:09,502 --> 00:06:12,300
My wife, my two daughters,
my three sons.
135
00:06:12,371 --> 00:06:13,565
Listen, if I wanted
to kill Jews,
136
00:06:13,639 --> 00:06:15,334
I would just run
a red light in my taxi.
137
00:06:15,408 --> 00:06:16,568
This is New York City.
138
00:06:16,642 --> 00:06:18,577
Well, yeah, but then you might
lose your hack license.
139
00:06:18,645 --> 00:06:20,772
Look, I wasn't at
the pier that night.
140
00:06:20,847 --> 00:06:21,905
I didn't have a car that night.
141
00:06:21,982 --> 00:06:22,971
And I wouldn't go there anyway.
142
00:06:23,050 --> 00:06:24,312
Why not?
Are you allergic to water?
143
00:06:24,384 --> 00:06:26,147
To Egyptians.
144
00:06:26,219 --> 00:06:28,153
The Egyptian drivers
meet there.
145
00:06:28,221 --> 00:06:31,247
In their heads, they are
the princes of Arabia.
146
00:06:31,325 --> 00:06:34,624
I am from Yemen.
To them I am a donkey.
147
00:06:35,996 --> 00:06:39,727
It's a terrible thing.
Sadat made peace.
148
00:06:39,800 --> 00:06:40,789
Sadat was a dog.
149
00:06:40,867 --> 00:06:43,233
He was against killing.
I am against killing.
150
00:06:43,303 --> 00:06:44,634
Everybody is against killing.
151
00:06:44,705 --> 00:06:46,263
The question is how
to bring it to a stop.
152
00:06:46,340 --> 00:06:47,864
Hey, is this what
you were talking about
153
00:06:47,941 --> 00:06:49,374
last Sunday night at the pier?
154
00:06:49,443 --> 00:06:50,933
No. About music.
155
00:06:51,011 --> 00:06:52,638
Right. The Top 40.
156
00:06:52,713 --> 00:06:54,681
I think we'd better question
you guys individually.
157
00:06:54,748 --> 00:06:56,443
I don't have time.
I have to get back to work.
158
00:06:56,516 --> 00:07:00,043
We were with each other.
We heard the shots. We left.
159
00:07:00,120 --> 00:07:03,487
Before the boat got in, who
else was around besides you?
160
00:07:03,557 --> 00:07:05,616
Some other taxicabs.
Various people.
161
00:07:05,692 --> 00:07:07,683
Anybody in a trench coat?
162
00:07:09,663 --> 00:07:11,221
Yes. I saw him.
163
00:07:11,631 --> 00:07:13,496
I noticed because
he was acting strangely.
164
00:07:13,567 --> 00:07:14,829
Mahmud!
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00:07:14,901 --> 00:07:18,234
Everybody else was coming or going.
He was just standing.
166
00:07:18,305 --> 00:07:19,329
Where?
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00:07:19,406 --> 00:07:20,805
Where the cars were parked.
168
00:07:21,975 --> 00:07:25,069
Latent's been over the shell
casings from the scene.
169
00:07:25,145 --> 00:07:26,272
They've got some partials.
170
00:07:26,347 --> 00:07:27,746
Not enough to run
through the system.
171
00:07:27,815 --> 00:07:30,045
We may have something
else here, Lieut.
172
00:07:30,118 --> 00:07:31,813
One of
the cab drivers saw a man
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00:07:31,886 --> 00:07:33,285
waiting in a trench coat here,
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00:07:33,354 --> 00:07:35,481
in the garage,
before the boat came in.
175
00:07:35,556 --> 00:07:38,320
Now, he was waiting there
when the big group walked by.
176
00:07:38,393 --> 00:07:40,588
That's the group with the
woman who fell in the river.
177
00:07:40,661 --> 00:07:42,322
Then he shot at
the smaller group
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00:07:42,463 --> 00:07:44,124
and ran away
through the big group.
179
00:07:44,198 --> 00:07:46,291
It's a funny way
to hunt Zionists.
180
00:07:46,367 --> 00:07:47,834
Unless he had
a specific target.
181
00:07:47,902 --> 00:07:50,132
Yeah. Then he sends us
on a wild goose chase
182
00:07:50,204 --> 00:07:51,535
through the whole Arab League.
183
00:07:51,606 --> 00:07:54,973
Six people in the second group.
Who's the target?
184
00:07:55,042 --> 00:07:58,443
Well, the dead guy's a good place to start.
What do we know about him?
185
00:07:58,513 --> 00:08:00,174
Well, the business
cards in his wallet
186
00:08:00,248 --> 00:08:01,579
give his name as Larry Rice.
187
00:08:01,649 --> 00:08:03,776
But no one's claimed the body.
188
00:08:03,851 --> 00:08:05,079
A guy like this,
there's usually
189
00:08:05,153 --> 00:08:06,780
a mortuary wagon
waiting outside
190
00:08:06,854 --> 00:08:08,253
as soon as the autopsy's over.
191
00:08:08,322 --> 00:08:10,984
You have his business card.
What's the problem?
192
00:08:12,660 --> 00:08:15,185
Occupation:
"Entrepreneur."
193
00:08:15,263 --> 00:08:17,026
What the hell is that?
194
00:08:17,098 --> 00:08:19,123
The address is on 2nd Avenue,
but there's nobody home.
195
00:08:19,200 --> 00:08:23,136
Well, he got shot after a singles cruise.
Maybe he was a lonely guy.
196
00:08:23,204 --> 00:08:24,762
What, no credit cards?
No driver's license?
197
00:08:24,839 --> 00:08:26,363
Sometimes they get stolen.
198
00:08:26,441 --> 00:08:27,840
Yeah, but he wasn't mugged.
199
00:08:27,909 --> 00:08:29,672
Todd Wexman, CPA.
200
00:08:29,744 --> 00:08:32,406
McAllister and Grossman.
His accountant?
201
00:08:33,648 --> 00:08:35,514
I'm sorry,
but Mr. Wexman isn't in.
202
00:08:35,584 --> 00:08:36,846
We just need some information
203
00:08:36,919 --> 00:08:38,443
about somebody who
might be a client.
204
00:08:38,520 --> 00:08:40,010
Larry Rice.
205
00:08:40,088 --> 00:08:42,079
Rice?
I don't think so.
206
00:08:44,393 --> 00:08:46,054
No. There's no Rice.
207
00:08:46,128 --> 00:08:47,720
Well, we think Mr.
Wexman might know him.
208
00:08:47,796 --> 00:08:48,922
You know where
we can reach him?
209
00:08:48,997 --> 00:08:51,830
No. And it's not
like Mr. Wexman.
210
00:08:53,068 --> 00:08:54,160
What isn't?
211
00:08:54,236 --> 00:08:55,464
He hasn't been in for two days.
212
00:08:55,537 --> 00:08:57,164
And he hasn't checked in.
213
00:08:57,239 --> 00:08:59,605
I'd call his wife,
they live in Connecticut,
214
00:08:59,675 --> 00:09:02,041
but he said she was taking the
children to visit her mother,
215
00:09:02,110 --> 00:09:03,805
and I don't know where that is.
216
00:09:03,879 --> 00:09:06,541
Ms. Conroy, do you happen to
have a picture of Mr. Wexman?
217
00:09:06,615 --> 00:09:08,344
Yes. In here.
218
00:09:11,854 --> 00:09:14,448
That's Mr. Wexman
with Mrs. Wexman.
219
00:09:14,523 --> 00:09:16,889
Alexandra and David
and the baby.
220
00:09:19,928 --> 00:09:23,159
Ms. Conroy, I'm afraid your
boss is in our morgue.
221
00:09:29,004 --> 00:09:33,634
Mrs. Wexman,
I'm very sorry.
222
00:09:34,276 --> 00:09:35,641
I can't stay here long.
223
00:09:35,711 --> 00:09:37,702
I want to be with my children.
224
00:09:37,779 --> 00:09:40,441
Of course.
I just have to ask,
225
00:09:40,516 --> 00:09:44,283
does the name Larry Rice
mean anything to you?
226
00:09:45,889 --> 00:09:49,518
Why? Was he involved
with killing Todd?
227
00:09:49,592 --> 00:09:53,084
No. It seems that your husband
sometimes used that name.
228
00:09:53,162 --> 00:09:54,652
No, he didn't.
229
00:09:54,731 --> 00:09:56,722
He carried ID in that name.
230
00:09:56,799 --> 00:09:59,290
He rented an apartment
in that name.
231
00:09:59,369 --> 00:10:02,463
He booked himself on the
dinner cruise in that name.
232
00:10:02,539 --> 00:10:04,029
That can't be.
233
00:10:04,974 --> 00:10:07,602
Did he spend many
nights away from home?
234
00:10:08,444 --> 00:10:12,471
I told the detectives,
he traveled on business.
235
00:10:12,549 --> 00:10:14,744
His employer says
he traveled very rarely.
236
00:10:14,817 --> 00:10:16,478
What are you saying?
237
00:10:17,086 --> 00:10:19,919
That Todd led some
kind of secret life?
238
00:10:21,190 --> 00:10:24,523
We were married 13 years.
239
00:10:25,461 --> 00:10:27,190
I know my husband.
240
00:10:31,301 --> 00:10:33,792
Good champagne, but it's dusty.
241
00:10:33,870 --> 00:10:35,167
This caviar has mold.
242
00:10:35,238 --> 00:10:37,604
Mr. Rice didn't
have much company.
243
00:10:37,674 --> 00:10:38,732
No ladies, huh?
244
00:10:38,808 --> 00:10:42,141
Hey, the guy wasn't too swift,
if you know what I mean.
245
00:10:43,313 --> 00:10:46,510
Co-eds at the Beach.
Well, at least he had a sex life.
246
00:10:46,583 --> 00:10:49,313
What? He had to sneak away from
his wife to watch a porno?
247
00:10:49,385 --> 00:10:52,116
Rey, this is a guy who could have
chosen any name in the world,
248
00:10:52,189 --> 00:10:54,089
and he picked Larry Rice.
249
00:10:54,158 --> 00:10:56,319
And he managed to make
it to a singles cruise.
250
00:10:56,393 --> 00:10:59,362
Yeah. But did he make it
on the singles cruise?
251
00:11:00,965 --> 00:11:03,729
Mr. Rice had been to
several of our events.
252
00:11:04,101 --> 00:11:06,467
This whole thing is so scary.
253
00:11:06,704 --> 00:11:08,331
We've canceled
all public meetings
254
00:11:08,405 --> 00:11:09,667
until we know who did this.
255
00:11:09,740 --> 00:11:12,368
What can you tell us about Mr.
Rice's socializing?
256
00:11:12,443 --> 00:11:14,104
He was very shy.
257
00:11:14,578 --> 00:11:17,376
On the cruise he spent most
of his time talking to me.
258
00:11:17,448 --> 00:11:19,575
Did you ever hear
the name Todd Wexman?
259
00:11:20,651 --> 00:11:22,482
I don't think so. Why?
260
00:11:22,553 --> 00:11:23,713
It's not important.
261
00:11:23,787 --> 00:11:25,914
What can you tell us about
the people who were shot?
262
00:11:25,990 --> 00:11:27,685
Susan Beckner is
a travel agent.
263
00:11:27,758 --> 00:11:29,350
She recently
went out on her own.
264
00:11:29,426 --> 00:11:31,291
Did she have
a business problem?
265
00:11:31,362 --> 00:11:33,421
No. She was
a generous contributor,
266
00:11:33,497 --> 00:11:36,022
and she raised a lot of
money from other people.
267
00:11:36,100 --> 00:11:38,933
She even brought half a
dozen checks on the cruise.
268
00:11:39,003 --> 00:11:40,595
And one of them bounced.
269
00:11:42,439 --> 00:11:45,567
From an Old
Europe International.
270
00:11:45,643 --> 00:11:47,235
I've been meaning to tell her.
271
00:11:47,311 --> 00:11:48,369
What about the other woman?
272
00:11:48,445 --> 00:11:50,845
Sally Jacobs does
something in retailing.
273
00:11:51,248 --> 00:11:52,772
Did either of them
have a problem?
274
00:11:52,850 --> 00:11:54,750
Business or personal,
anything you knew about?
275
00:11:54,818 --> 00:11:56,979
Not so someone
would shoot them.
276
00:11:57,421 --> 00:11:59,514
These are all nice people.
277
00:12:00,659 --> 00:12:03,787
Your witnesses say the shooter
fired five or six times
278
00:12:03,862 --> 00:12:05,352
at the group next to the boat.
279
00:12:06,231 --> 00:12:08,358
We found two slugs in the boat.
280
00:12:09,434 --> 00:12:11,459
And any number
could be in the river.
281
00:12:11,536 --> 00:12:14,027
Right. But we also found
one in Sally Jacobs
282
00:12:14,105 --> 00:12:16,869
and one in Larry Rice or Todd
Wexman or whatever his name was.
283
00:12:16,941 --> 00:12:18,841
What about Susan Beckner?
284
00:12:18,910 --> 00:12:20,969
That bullet was
a through-and-through.
285
00:12:21,046 --> 00:12:24,072
And look at this.
Her dress.
286
00:12:24,149 --> 00:12:27,414
Black rim around the
edge of the bullet hole.
287
00:12:27,852 --> 00:12:29,513
Bullet wipe.
Right.
288
00:12:29,754 --> 00:12:32,018
From soot deposited on the
surface of the bullet,
289
00:12:32,090 --> 00:12:33,921
as it moved down
the barrel of the gun,
290
00:12:33,992 --> 00:12:36,051
which in this case
wasn't very clean.
291
00:12:36,428 --> 00:12:38,328
The dead man's shirt.
292
00:12:39,164 --> 00:12:40,426
Look at the bullet hole.
293
00:12:40,498 --> 00:12:41,726
No black rim.
294
00:12:42,167 --> 00:12:44,965
The bullet went through
Susan Beckner into him.
295
00:12:45,370 --> 00:12:46,860
So if the shooter
was actually aiming,
296
00:12:46,938 --> 00:12:49,236
Wexman wasn't the target.
She was.
297
00:12:51,509 --> 00:12:53,204
Who'd want to kill me?
298
00:12:53,278 --> 00:12:56,008
I sell airline tickets.
I go to the movies.
299
00:12:56,081 --> 00:12:57,639
I don't know any street gangs.
300
00:12:58,049 --> 00:12:59,073
You owe anybody money?
301
00:12:59,150 --> 00:13:00,139
No.
302
00:13:00,819 --> 00:13:05,586
We have to ask.
Do you gamble, use drugs?
303
00:13:05,657 --> 00:13:07,284
I drink too much coffee,
304
00:13:07,358 --> 00:13:09,919
and I went to Atlantic City
once and I didn't like it.
305
00:13:09,995 --> 00:13:11,292
You said,
at the hospital,
306
00:13:11,363 --> 00:13:13,228
that you'd recently
broken up with somebody.
307
00:13:13,299 --> 00:13:15,494
Yes, but he's not violent.
308
00:13:16,035 --> 00:13:18,265
I think he's already
seeing someone else.
309
00:13:18,337 --> 00:13:19,702
Let's work it the other way.
310
00:13:19,772 --> 00:13:22,673
How many people knew you were
going on that boat ride?
311
00:13:23,342 --> 00:13:26,573
I told my mother, maybe
a couple of friends.
312
00:13:26,645 --> 00:13:29,808
And I mentioned it to a
client I saw that afternoon.
313
00:13:29,882 --> 00:13:30,871
On a Sunday?
314
00:13:30,950 --> 00:13:32,815
He needed some airline
tickets in a hurry
315
00:13:32,885 --> 00:13:35,251
for a tour group that
was stranded in Sofia.
316
00:13:35,654 --> 00:13:36,814
Bulgaria?
317
00:13:38,157 --> 00:13:40,387
We're going to need
a list of those names.
318
00:13:40,459 --> 00:13:41,653
My mother?
319
00:13:45,197 --> 00:13:47,495
So who takes vacations
in Bulgaria?
320
00:13:48,768 --> 00:13:50,258
Bulgarians, for a start.
321
00:13:50,336 --> 00:13:53,703
But these Bulgarians were in a
rush to get back to New York?
322
00:13:54,073 --> 00:13:57,736
Well, the trip was over, and I was
committed to bringing them back,
323
00:13:57,810 --> 00:14:00,745
but the charter plane
had mechanical problems.
324
00:14:00,846 --> 00:14:03,314
That gave the charter airlines
financial problems...
325
00:14:03,382 --> 00:14:05,680
So you ran over to
see Susan Beckner?
326
00:14:05,751 --> 00:14:08,948
Well, I'm not licensed to
issue plane tickets. She is.
327
00:14:09,021 --> 00:14:12,149
She sold me 40 tickets.
Made a lot of money.
328
00:14:12,224 --> 00:14:16,092
I got my group home, went over
to my girlfriend's to celebrate.
329
00:14:16,162 --> 00:14:19,894
You think I shot Susan Beckner
because everybody was too happy?
330
00:14:20,734 --> 00:14:21,962
You're Escapade Holidays?
331
00:14:22,035 --> 00:14:24,902
That's me. We can do charter
rates for as few as 10 people
332
00:14:24,971 --> 00:14:26,063
if you have a group.
333
00:14:26,139 --> 00:14:27,629
And you use
a different company name
334
00:14:27,707 --> 00:14:29,174
for your trips
to Eastern Europe?
335
00:14:29,242 --> 00:14:30,504
Old Europe International.
336
00:14:30,577 --> 00:14:34,638
Old Europe? You made a contribution
to United Jewish charities.
337
00:14:35,282 --> 00:14:36,681
Fifty bucks.
338
00:14:37,184 --> 00:14:41,018
Susan asked me to, and I was
trying to make a good impression.
339
00:14:42,489 --> 00:14:44,719
I just talked to Susan Beckner.
340
00:14:44,791 --> 00:14:47,555
The check Coburn gave her for
the airline tickets was good.
341
00:14:47,627 --> 00:14:48,924
Thirty-two
thousand dollars.
342
00:14:48,995 --> 00:14:51,623
But his $50 check to
her charity bounced?
343
00:14:51,698 --> 00:14:54,667
Yeah. The charity deposited
their check on Monday,
344
00:14:54,734 --> 00:14:55,962
the morning after the cruise.
345
00:14:56,036 --> 00:14:58,800
Now, she didn't deposit Coburn's
check till three days later,
346
00:14:58,872 --> 00:15:00,134
because she was
in the hospital.
347
00:15:00,207 --> 00:15:02,004
And I talked to Coburn's bank.
348
00:15:02,075 --> 00:15:04,703
He had less than $50
in his account on Monday.
349
00:15:04,778 --> 00:15:06,939
Two days later, he got
a big wire transfer
350
00:15:07,013 --> 00:15:08,810
from a travel agent
up in Canada.
351
00:15:08,882 --> 00:15:11,544
So if Susan Beckner
hadn't been shot,
352
00:15:11,618 --> 00:15:13,779
she would have deposited her
check right away on Monday
353
00:15:13,854 --> 00:15:14,912
and it would have bounced.
354
00:15:14,988 --> 00:15:16,717
And she would have
canceled his tickets
355
00:15:16,790 --> 00:15:18,917
and he would've wound
up with 40 angry people
356
00:15:18,992 --> 00:15:20,391
stranded in the Balkans.
357
00:15:20,460 --> 00:15:23,224
Uh-huh. That can't be
too good for business.
358
00:15:23,296 --> 00:15:25,925
I think it's time
you checked his alibi.
359
00:15:29,904 --> 00:15:31,531
Hank was here
Sunday night.
360
00:15:31,606 --> 00:15:33,506
We stayed in.
All night?
361
00:15:33,574 --> 00:15:35,565
Yes. We were relaxing.
362
00:15:37,178 --> 00:15:38,941
My boyfriend's not a murderer.
363
00:15:39,013 --> 00:15:40,002
Curtis.
364
00:15:40,081 --> 00:15:41,070
Right.
365
00:15:41,148 --> 00:15:44,276
We're just concerned that a man
under financial pressure...
366
00:15:44,352 --> 00:15:46,183
What financial pressure?
367
00:15:46,254 --> 00:15:48,882
Coburn was having a
little cash flow problem,
368
00:15:48,956 --> 00:15:50,981
which could have caused
him a business problem.
369
00:15:51,058 --> 00:15:52,958
Hank is very successful.
370
00:15:53,694 --> 00:15:55,321
Maybe that's what he tells you.
371
00:15:55,396 --> 00:15:58,092
I'm not stupid.
And I don't date poor men.
372
00:15:58,165 --> 00:16:01,225
Miss Trang, I've just been informed
that you're the registered owner
373
00:16:01,302 --> 00:16:02,997
of a Glock
semi-automatic pistol.
374
00:16:04,405 --> 00:16:06,236
Yes. It's registered.
375
00:16:06,908 --> 00:16:08,773
You mind showing it
to us, please?
376
00:16:11,746 --> 00:16:13,737
I don't have it right now.
377
00:16:15,983 --> 00:16:17,314
Where is it?
378
00:16:17,585 --> 00:16:19,815
Why did you bring me here?
I didn't do anything.
379
00:16:19,887 --> 00:16:23,482
Maybe not, Miss Trang, but we
really would like to find your gun.
380
00:16:23,557 --> 00:16:25,548
I told you.
It was stolen.
381
00:16:25,760 --> 00:16:26,852
We don't believe you.
382
00:16:26,928 --> 00:16:28,919
I don't care what you believe.
383
00:16:29,530 --> 00:16:33,796
This came for you, and more
bad news for you, Miss Trang.
384
00:16:33,868 --> 00:16:36,303
The fingerprints on your
gun license application
385
00:16:36,371 --> 00:16:39,272
match some partial prints on shell
casings at the murder scene.
386
00:16:39,341 --> 00:16:41,309
I didn't have anything
to do with that!
387
00:16:41,376 --> 00:16:42,968
What about your boyfriend?
388
00:16:43,045 --> 00:16:44,273
Did he borrow your gun
on Sunday night?
389
00:16:44,346 --> 00:16:45,404
No.
390
00:16:45,480 --> 00:16:48,278
If you gave it to him knowing
what he was going to do with it,
391
00:16:48,350 --> 00:16:49,476
you're guilty of murder.
392
00:16:49,551 --> 00:16:51,041
I'm not guilty of anything!
393
00:16:51,119 --> 00:16:53,610
Why are you protecting
such a poor man?
394
00:16:53,689 --> 00:16:57,216
He's not poor. He's very important
in the travel industry.
395
00:16:57,326 --> 00:16:59,988
Right. He sends people
to exotic hospitals.
396
00:17:00,062 --> 00:17:01,757
You want to see
his bank statement?
397
00:17:01,830 --> 00:17:05,357
As of Monday morning, he had
$47 in his checking account.
398
00:17:05,434 --> 00:17:06,423
Let me see that.
399
00:17:06,501 --> 00:17:08,162
And another 60
bucks in his savings.
400
00:17:08,236 --> 00:17:10,136
That's not possible!
He owns a townhouse!
401
00:17:10,205 --> 00:17:11,900
We pulled his credit reports.
402
00:17:11,974 --> 00:17:15,740
He rents the townhouse and
the furniture and his car.
403
00:17:15,811 --> 00:17:17,005
The only thing he probably owns
404
00:17:17,079 --> 00:17:18,239
are the checks
he's been kiting.
405
00:17:18,313 --> 00:17:19,302
That son-of-a-bitch.
406
00:17:19,381 --> 00:17:21,212
What does he think I am?
Miss Trang.
407
00:17:21,283 --> 00:17:22,910
I could have better men
than him in a minute!
408
00:17:22,985 --> 00:17:26,182
Miss Trang!
Sunday night?
409
00:17:27,356 --> 00:17:29,017
He borrowed my gun.
410
00:17:29,257 --> 00:17:30,884
He told me to lie to you.
411
00:17:30,959 --> 00:17:32,017
Where is he now?
412
00:17:32,094 --> 00:17:35,928
I don't know. He carries a phone.
Give me yours.
413
00:17:46,042 --> 00:17:50,570
Hank. Honey,
can I see you tonight?
414
00:17:51,381 --> 00:17:53,542
I'm wearing the red silk.
415
00:18:08,364 --> 00:18:10,662
Carolyne, I've got
something good for you!
416
00:18:10,733 --> 00:18:12,667
Hey, Hank Coburn, you're
under arrest for murder.
417
00:18:12,735 --> 00:18:15,602
I would have worn my red
silk, but it's in the wash.
418
00:18:15,671 --> 00:18:17,036
You have the right
to remain silent.
419
00:18:17,106 --> 00:18:18,437
Anything you say
can and will be used
420
00:18:18,508 --> 00:18:19,805
against you in a court of law.
421
00:18:21,244 --> 00:18:22,609
Come on in.
422
00:18:23,179 --> 00:18:26,580
This is Victor Panatti, with the
State Attorney General's office.
423
00:18:26,649 --> 00:18:27,809
Good morning.
Jamie Ross.
424
00:18:27,884 --> 00:18:29,511
Jack McCoy.
Hello.
425
00:18:29,585 --> 00:18:32,952
Mr. Panatti wants to know how the
Coburn case is coming along?
426
00:18:34,157 --> 00:18:36,284
One of the cabbies picked
Coburn out of a line-up.
427
00:18:36,359 --> 00:18:37,485
We can tie him to
the murder weapon.
428
00:18:37,560 --> 00:18:39,653
You charged him with
second-degree murder.
429
00:18:39,729 --> 00:18:42,254
Is that what you plan to
present to the grand jury?
430
00:18:42,665 --> 00:18:43,791
Yeah.
431
00:18:43,866 --> 00:18:46,391
But you could've found that
out with a phone call.
432
00:18:47,537 --> 00:18:48,902
The governor would
like to see Coburn
433
00:18:48,971 --> 00:18:50,939
tried and convicted
of first-degree murder.
434
00:18:51,007 --> 00:18:52,100
He wants the death penalty?
435
00:18:52,176 --> 00:18:54,371
Two innocent people were
slaughtered over airline tickets.
436
00:18:54,445 --> 00:18:55,707
It seems appropriate.
437
00:18:55,779 --> 00:18:57,110
I'm not sure
the facts support it.
438
00:18:57,181 --> 00:18:58,341
Your investigation
just started.
439
00:18:58,415 --> 00:19:00,110
I'm sure you'll find
some facts that do.
440
00:19:00,184 --> 00:19:03,950
We'll look into it.
Thank you for stopping by.
441
00:19:04,021 --> 00:19:06,251
Thank you, Mr. Schiff.
442
00:19:06,323 --> 00:19:08,120
Mr. McCoy, Miss Ross.
443
00:19:12,062 --> 00:19:14,326
I think Coburn deserves
the death penalty, too,
444
00:19:14,398 --> 00:19:16,332
but I don't know if we can
give them what they want.
445
00:19:16,400 --> 00:19:17,731
They want to look tough.
446
00:19:21,205 --> 00:19:23,696
Yes? Put them through.
447
00:19:25,109 --> 00:19:27,168
This is Adam Schiff.
448
00:19:30,547 --> 00:19:34,415
Say that again. Yes.
449
00:19:34,651 --> 00:19:37,051
Yes, I know where it is.
450
00:19:38,388 --> 00:19:40,356
Tell the driver
I'm coming down.
451
00:19:42,593 --> 00:19:45,221
See what you can come up
with for the governor.
452
00:19:50,033 --> 00:19:53,002
It's a multiple killing.
That puts it in the running for murder one.
453
00:19:53,070 --> 00:19:55,538
The statute's very specific.
454
00:19:55,606 --> 00:19:57,540
Both deaths have
to be intentional.
455
00:19:57,608 --> 00:19:58,870
He meant to kill Susan Beckner
456
00:19:58,942 --> 00:20:00,171
with the bullet
that killed Wexman.
457
00:20:00,245 --> 00:20:02,145
Law 101, intent follows the bullet.
458
00:20:02,213 --> 00:20:05,148
That's one. The other, the
drowning, is not so obvious.
459
00:20:05,216 --> 00:20:07,116
Coburn was firing into a crowd.
460
00:20:07,185 --> 00:20:09,881
If Miss Kaminsky was killed by
a bullet or by dodging one,
461
00:20:09,954 --> 00:20:11,717
we can argue Coburn
has the same liability.
462
00:20:11,789 --> 00:20:14,383
Yeah. And Coburn will
argue that he doesn't.
463
00:20:15,026 --> 00:20:16,152
Talk to the witnesses.
464
00:20:16,227 --> 00:20:19,196
Find out exactly how she
ended up in the water.
465
00:20:23,001 --> 00:20:25,595
I told the police.
We heard shots.
466
00:20:25,670 --> 00:20:27,900
We saw this maniac running
toward us, firing a gun.
467
00:20:27,972 --> 00:20:29,496
We tried to get out of his way.
468
00:20:29,574 --> 00:20:31,508
How close to you
was Miss Kaminsky?
469
00:20:31,776 --> 00:20:33,243
Just about where you are.
470
00:20:33,311 --> 00:20:35,438
Between me and
the edge of the pier.
471
00:20:35,513 --> 00:20:37,481
Was there anybody else near her?
No.
472
00:20:37,549 --> 00:20:39,107
No, I was the closest.
473
00:20:39,184 --> 00:20:40,879
You told the police you
bumped into somebody.
474
00:20:40,952 --> 00:20:42,886
Is it possible it was her?
475
00:20:43,388 --> 00:20:46,619
I've thought about that.
Things were pretty chaotic.
476
00:20:46,691 --> 00:20:49,558
But no, I'm sure it wasn't her.
477
00:20:49,627 --> 00:20:51,959
Did the gunman point
his weapon toward you?
478
00:20:53,164 --> 00:20:55,394
He wasn't shooting right at us.
479
00:20:55,466 --> 00:20:58,492
It was more like he was
shooting in the air.
480
00:21:00,038 --> 00:21:01,869
Ballistics said their
findings are consistent
481
00:21:01,940 --> 00:21:03,908
with Coburn firing in the air.
482
00:21:04,309 --> 00:21:06,607
Which means he didn't
intend to kill them.
483
00:21:06,678 --> 00:21:08,909
He just wanted them
to get out of the way.
484
00:21:09,348 --> 00:21:12,078
He caused the panic which
led to Kaminsky's death.
485
00:21:12,318 --> 00:21:14,912
Hmm. At most it's
depraved indifference.
486
00:21:14,987 --> 00:21:16,818
Murder two. Nice try.
487
00:21:17,423 --> 00:21:18,947
How about this?
488
00:21:19,024 --> 00:21:21,822
It's murder one if a person is
killed in the course of a robbery.
489
00:21:21,894 --> 00:21:22,918
Mmm-hmm.
490
00:21:22,995 --> 00:21:25,759
He paid for the tickets
with a bad check.
491
00:21:25,831 --> 00:21:27,264
That's larceny.
492
00:21:27,566 --> 00:21:28,897
And then he shot Susan Beckner
493
00:21:28,968 --> 00:21:30,526
to prevent her from
depositing the check,
494
00:21:30,603 --> 00:21:33,163
which makes it robbery.
Promising.
495
00:21:33,806 --> 00:21:35,467
We still have to show intent.
496
00:21:35,541 --> 00:21:38,271
If he meant to cover the check
when he gave it to Beckner,
497
00:21:38,344 --> 00:21:41,313
there's no larceny
and no robbery.
498
00:21:41,380 --> 00:21:44,679
He saw his girlfriend that afternoon.
See what he told her.
499
00:21:45,384 --> 00:21:46,817
Should we bring Adam
up to speed on this?
500
00:21:46,885 --> 00:21:47,909
No.
501
00:21:48,821 --> 00:21:51,449
He's at Cedar's Hospital
with his wife.
502
00:21:52,758 --> 00:21:54,020
She had a stroke.
503
00:21:56,662 --> 00:21:58,254
That's all I know.
504
00:21:59,331 --> 00:22:01,492
Hank took me to Saint
Kitts in the summer,
505
00:22:01,567 --> 00:22:03,091
Bali during the monsoons,
506
00:22:03,168 --> 00:22:06,262
London in February.
Always in the off season.
507
00:22:06,338 --> 00:22:07,896
That should've
told me something.
508
00:22:07,973 --> 00:22:09,167
It didn't cost him a dime.
509
00:22:09,241 --> 00:22:11,971
It was all comped by the
local tourist bureaus.
510
00:22:12,044 --> 00:22:13,375
Sounds like a rough time.
511
00:22:13,445 --> 00:22:15,174
It was a waste of time.
512
00:22:15,247 --> 00:22:16,977
My parents were
so happy for me.
513
00:22:17,050 --> 00:22:18,347
They thought he had money.
514
00:22:18,418 --> 00:22:20,147
Apparently so did
Susan Beckner.
515
00:22:20,220 --> 00:22:21,244
You knew he was buying
tickets from her?
516
00:22:21,321 --> 00:22:22,310
Yes.
517
00:22:22,389 --> 00:22:25,756
He did that instead of taking me
to Barneys for a pair of shoes.
518
00:22:25,825 --> 00:22:27,759
I'm sorry.
519
00:22:27,827 --> 00:22:29,658
He told you he was paying
her with a bad check?
520
00:22:29,729 --> 00:22:33,256
Oh, yeah. He wanted me to know
all about his credit problems.
521
00:22:33,333 --> 00:22:35,801
Look, I already went over
this with those detectives.
522
00:22:35,869 --> 00:22:37,632
I didn't know
what Hank was up to.
523
00:22:37,704 --> 00:22:39,069
So he just told
you to wait here
524
00:22:39,139 --> 00:22:40,697
while he went to
Susan Beckner's?
525
00:22:40,774 --> 00:22:42,935
No. I went to Barneys
by myself.
526
00:22:43,009 --> 00:22:45,409
He called me on my cell phone
and told me to meet him.
527
00:22:45,478 --> 00:22:46,604
Where was he calling from?
528
00:22:46,680 --> 00:22:48,113
He didn't say.
529
00:22:51,284 --> 00:22:52,683
We checked
the incoming calls
530
00:22:52,752 --> 00:22:54,083
on his girlfriend's cell phone.
531
00:22:54,154 --> 00:22:56,588
Coburn called her
from your office.
532
00:22:56,656 --> 00:22:59,557
Ooh, does that make my phone
an accessory to murder?
533
00:22:59,626 --> 00:23:00,957
Why was he here?
534
00:23:01,928 --> 00:23:03,486
I booked a charter with him
535
00:23:03,563 --> 00:23:06,191
and he asked me for an
advance on the payment.
536
00:23:06,266 --> 00:23:07,290
How much?
537
00:23:07,367 --> 00:23:11,098
A little over 40,000.
He said he needed the check that day.
538
00:23:11,171 --> 00:23:14,629
He even offered to discount
the fares if I paid him now.
539
00:23:14,708 --> 00:23:15,697
Did you?
540
00:23:15,775 --> 00:23:16,799
Absolutely not.
541
00:23:17,510 --> 00:23:19,705
The tour's not for
another five months.
542
00:23:19,779 --> 00:23:22,748
He gets his money 60 days in advance.
Not a minute sooner.
543
00:23:22,816 --> 00:23:23,805
He knew that?
544
00:23:23,883 --> 00:23:26,375
Of course. That's how
we always do business.
545
00:23:26,454 --> 00:23:28,422
No reason to change now.
546
00:23:29,023 --> 00:23:31,355
How is she doing?
547
00:23:31,425 --> 00:23:33,256
She still hasn't
regained consciousness.
548
00:23:33,661 --> 00:23:35,128
What do the doctors say?
549
00:23:35,196 --> 00:23:37,687
What they always say.
Wait and see.
550
00:23:37,765 --> 00:23:38,891
What'd you come up with?
551
00:23:40,000 --> 00:23:42,764
We can make first-degree
murder work, Adam.
552
00:23:42,837 --> 00:23:45,670
An intentional death during
the commission of a robbery.
553
00:23:45,740 --> 00:23:46,900
What robbery?
554
00:23:46,974 --> 00:23:48,271
The airline tickets.
555
00:23:48,342 --> 00:23:50,936
He used force to keep Beckner
from depositing the check.
556
00:23:51,011 --> 00:23:52,672
Six hours after
he took the tickets.
557
00:23:52,813 --> 00:23:54,508
I wouldn't call that
a continuous act.
558
00:23:54,582 --> 00:23:56,243
According to
People v. Dekle,
559
00:23:56,317 --> 00:23:58,251
it's for a jury
to decide if it is.
560
00:23:58,319 --> 00:24:00,310
Dekle pulled a knife
on a security guard
561
00:24:00,388 --> 00:24:01,912
after he stole a television.
562
00:24:01,989 --> 00:24:03,013
Hardly the same thing.
563
00:24:03,090 --> 00:24:05,183
The robbery statute
specifies
564
00:24:05,259 --> 00:24:08,422
the use of force to compel the
owner of the stolen property to...
565
00:24:08,496 --> 00:24:11,226
To engage in the conduct
566
00:24:11,298 --> 00:24:14,199
which aids in the
commission of the larceny.
567
00:24:15,736 --> 00:24:19,672
Which means pointing a gun into
the face of a bank manager,
568
00:24:19,740 --> 00:24:22,300
forcing him to
open up the safe.
569
00:24:23,043 --> 00:24:25,910
Besides, didn't Coburn
cover that check?
570
00:24:25,980 --> 00:24:27,447
Four days later.
571
00:24:27,548 --> 00:24:31,211
He made no credible attempt to cover
the check until after the shooting.
572
00:24:31,285 --> 00:24:32,809
What attempt did he make?
573
00:24:32,887 --> 00:24:34,355
He hit up
a travel agent
574
00:24:34,423 --> 00:24:36,323
for an advance
on some bookings.
575
00:24:36,391 --> 00:24:38,757
The agent said Coburn had
no reasonable expectation
576
00:24:38,827 --> 00:24:40,260
of getting any money from him.
577
00:24:40,328 --> 00:24:43,764
Forget it. You have a solid
case for murder two.
578
00:24:43,832 --> 00:24:45,697
Go get your indictment.
579
00:24:45,767 --> 00:24:48,292
Adam, we have a pretty
good case for murder one.
580
00:24:48,370 --> 00:24:49,530
I agree.
581
00:24:51,940 --> 00:24:53,703
Before Panatti dropped by,
582
00:24:53,775 --> 00:24:58,212
you were happy to send
Coburn away for 25-to-life.
583
00:24:58,280 --> 00:24:59,679
That's what we're gonna do.
584
00:25:01,216 --> 00:25:04,583
Connect me, please, to Cedar's Hospital.
Thank you.
585
00:25:11,626 --> 00:25:14,459
The governor was sorry
to hear about your wife.
586
00:25:15,030 --> 00:25:16,895
Tell the governor
I appreciate his sending
587
00:25:16,965 --> 00:25:19,866
the Attorney General
to express his concern.
588
00:25:19,935 --> 00:25:21,664
Now what's really on your mind?
589
00:25:21,736 --> 00:25:23,294
This Coburn case.
590
00:25:24,072 --> 00:25:26,802
Seems you didn't get
the governor's message.
591
00:25:27,142 --> 00:25:29,337
Your people are
going for murder two.
592
00:25:29,411 --> 00:25:31,174
That's what the crime warrants.
593
00:25:31,246 --> 00:25:34,579
My people think it fits the requirements
of the death penalty statute.
594
00:25:34,649 --> 00:25:37,482
If you turn the penal law
into a bag of pretzels.
595
00:25:37,552 --> 00:25:41,750
The governor and I agree you should
put the matter before a jury.
596
00:25:41,823 --> 00:25:43,121
Let them decide, Adam.
597
00:25:43,192 --> 00:25:44,284
It's my decision to make.
598
00:25:44,360 --> 00:25:46,225
You have a duty
to apply the law.
599
00:25:46,295 --> 00:25:49,787
If the governor wanted this
statute to cover this crime,
600
00:25:49,866 --> 00:25:51,629
he should've thought of
it when he wrote it.
601
00:25:51,701 --> 00:25:54,465
Coburn fired into a crowd.
He killed innocent people.
602
00:25:54,537 --> 00:25:56,801
It's a heinous act aimed
at the heart of the city.
603
00:25:56,873 --> 00:26:00,570
If I was convinced it was murder
one, that's how I'd prosecute.
604
00:26:02,945 --> 00:26:05,038
Don't dig your heels in, Adam.
605
00:26:06,482 --> 00:26:09,883
I'm flying back to Albany
tomorrow afternoon.
606
00:26:09,952 --> 00:26:12,352
I'll expect to
hear from you by then.
607
00:26:14,290 --> 00:26:16,281
I don't like ultimatums.
608
00:26:17,527 --> 00:26:20,724
The answer's no.
609
00:26:20,796 --> 00:26:23,026
I won't give the grand
jury murder one.
610
00:26:24,867 --> 00:26:26,357
That's unacceptable.
611
00:26:26,435 --> 00:26:30,428
I'm doing criminal justice.
I'm not doing politics.
612
00:26:31,407 --> 00:26:33,170
Good night.
613
00:26:40,983 --> 00:26:44,749
In view of District Attorney
Schiff's reluctance to apply the law,
614
00:26:44,820 --> 00:26:48,312
the governor has invoked his
authority under executive law 63,
615
00:26:48,391 --> 00:26:49,858
and removed him
as the prosecutor
616
00:26:49,926 --> 00:26:51,895
in the case
against Henry Coburn.
617
00:26:51,962 --> 00:26:53,896
Furthermore, the
governor has instructed me
618
00:26:53,964 --> 00:26:56,694
to appoint a special
prosecutor to take over the case.
619
00:26:56,767 --> 00:26:59,133
I've designated Deputy
Attorney General Panatti
620
00:26:59,202 --> 00:27:00,965
to lead
the prosecution team.
621
00:27:01,204 --> 00:27:04,367
Mr. Panatti will seek an
indictment against Mr. Coburn
622
00:27:04,441 --> 00:27:06,033
for murder
in the first degree.
623
00:27:06,109 --> 00:27:07,167
I'll now take
your questions.
624
00:27:07,277 --> 00:27:08,301
One more.
625
00:27:09,079 --> 00:27:10,205
Unbelievable.
626
00:27:10,280 --> 00:27:12,180
Can he do that?
627
00:27:12,583 --> 00:27:14,483
Did it to Johnson
up in the Bronx.
628
00:27:14,551 --> 00:27:16,644
Johnson implied he'd never
seek the death penalty
629
00:27:16,720 --> 00:27:18,187
Under
any circumstances.
630
00:27:18,255 --> 00:27:19,415
This is different.
631
00:27:19,556 --> 00:27:20,716
What will you do?
632
00:27:21,058 --> 00:27:22,525
About what?
633
00:27:22,593 --> 00:27:23,992
Yes?
634
00:27:26,897 --> 00:27:29,297
Yes, I saw the replay
on the news.
635
00:27:30,267 --> 00:27:31,791
I understand.
636
00:27:34,471 --> 00:27:38,032
Yes, 9:00 a.m. Is fine.
See you then.
637
00:27:41,578 --> 00:27:44,638
That was Panatti.
He wants me to help him prosecute Coburn.
638
00:28:00,298 --> 00:28:02,960
No one knows this
case better than you.
639
00:28:03,034 --> 00:28:04,501
And frankly it's been a while
640
00:28:04,569 --> 00:28:06,264
since I've been
in the courtroom.
641
00:28:07,338 --> 00:28:08,430
What would my role be?
642
00:28:08,506 --> 00:28:09,530
Lead attorney.
643
00:28:09,607 --> 00:28:12,599
We both want the same
result for Henry Coburn.
644
00:28:13,044 --> 00:28:15,774
How we get there is
entirely up to you.
645
00:28:15,847 --> 00:28:18,145
I want to discuss it
with Adam Schiff first.
646
00:28:18,216 --> 00:28:20,184
I understand.
647
00:28:20,251 --> 00:28:22,913
Look, I'm as big a fan
of his as the next guy.
648
00:28:23,454 --> 00:28:25,547
When it comes to the death
penalty, he's old school.
649
00:28:25,623 --> 00:28:27,386
He's signed off on
three capital cases
650
00:28:27,458 --> 00:28:28,618
since the statute was passed.
651
00:28:28,693 --> 00:28:30,820
If he wasn't preoccupied
with his other situation,
652
00:28:30,895 --> 00:28:33,193
he'd probably sign off
on this one as well.
653
00:28:34,198 --> 00:28:37,497
I hope I can tell the Attorney
General you're on board.
654
00:28:44,842 --> 00:28:47,003
What's Panatti got you reading?
655
00:28:47,478 --> 00:28:51,175
This is for my own edification.
Robbery, A to Z.
656
00:28:53,618 --> 00:28:56,018
Murder one is tenable, Adam.
657
00:28:56,087 --> 00:28:57,679
Who're you trying to convince?
658
00:28:57,755 --> 00:28:58,915
You do what you have to do.
659
00:28:58,990 --> 00:29:00,855
You're still welcome
to my Scotch.
660
00:29:00,925 --> 00:29:02,119
Thanks.
661
00:29:03,928 --> 00:29:06,988
There's a rumor you wrote
a letter of resignation.
662
00:29:08,600 --> 00:29:13,037
I did. The premise being I'm
getting too old for this nonsense.
663
00:29:13,872 --> 00:29:17,000
Had a nice line in there about
664
00:29:17,076 --> 00:29:20,136
making the justice system
a political pi�ata.
665
00:29:21,080 --> 00:29:22,604
Had?
666
00:29:22,681 --> 00:29:24,171
I tore it up.
667
00:29:26,819 --> 00:29:29,219
Some things are
out of your hands.
668
00:29:29,288 --> 00:29:32,052
I've got to sit there
and take it. Not this.
669
00:29:32,725 --> 00:29:33,749
What are you gonna do?
670
00:29:33,826 --> 00:29:36,454
I'm gonna take
the governor to court.
671
00:29:40,799 --> 00:29:44,132
He's suing to be reinstated
as prosecutor on the case.
672
00:29:44,603 --> 00:29:45,695
Lots of luck.
673
00:29:45,771 --> 00:29:48,365
From what I've read, the governor's
order isn't subject to review.
674
00:29:48,440 --> 00:29:50,931
He can remove any D.A.,
whenever and wherever.
675
00:29:51,009 --> 00:29:53,068
I guess we'll find out
if that's true.
676
00:29:53,912 --> 00:29:55,243
What about you?
677
00:29:55,314 --> 00:29:56,804
What are you going
to tell Panatti?
678
00:29:58,617 --> 00:30:01,484
There are a hundred good
reasons to take this case.
679
00:30:02,287 --> 00:30:04,152
And one better one not to.
680
00:30:04,223 --> 00:30:07,283
You want to charge up
Hamburger Hill with Adam?
681
00:30:07,526 --> 00:30:10,654
It wouldn't feel right
playing for the other team.
682
00:30:10,729 --> 00:30:13,220
I thought the other team
was Henry Coburn.
683
00:30:13,999 --> 00:30:15,557
This only helps him, Jack.
684
00:30:21,875 --> 00:30:22,899
I've got to go.
685
00:30:22,976 --> 00:30:24,807
You know what
this means, Jamie?
686
00:30:25,879 --> 00:30:28,109
Panatti will be
calling you next.
687
00:30:29,315 --> 00:30:31,442
He already did.
688
00:30:31,518 --> 00:30:33,008
I'm starting to work
with him tomorrow.
689
00:30:39,993 --> 00:30:42,461
The autopsies on
Wexman and Kaminsky.
690
00:30:42,529 --> 00:30:44,827
The meds on Beckner and Jacobs.
691
00:30:44,898 --> 00:30:46,763
Ballistics report.
Bank records.
692
00:30:46,833 --> 00:30:48,027
Okay. You convinced me.
693
00:30:48,101 --> 00:30:51,161
You're ready for trial.
Now can we talk about something else?
694
00:30:51,237 --> 00:30:53,296
Anything you want,
Mr. Axtell.
695
00:30:53,873 --> 00:30:55,534
Well, let's start
with a plea bargain.
696
00:30:57,677 --> 00:30:59,440
Your client's idea?
No.
697
00:31:00,246 --> 00:31:02,339
But if you put something
fair on the table,
698
00:31:02,415 --> 00:31:04,280
I can bring him around.
699
00:31:04,350 --> 00:31:05,715
What do you think is fair?
700
00:31:07,086 --> 00:31:08,986
Well, just between you
and me and this desk,
701
00:31:09,055 --> 00:31:10,545
we all know this
charge of murder one
702
00:31:10,623 --> 00:31:11,749
is a lot of
huffing and puffing.
703
00:31:11,825 --> 00:31:13,417
We don't happen
to agree with that.
704
00:31:13,493 --> 00:31:14,721
Fine.
705
00:31:15,261 --> 00:31:17,024
Say you convict my guy
on murder one.
706
00:31:17,096 --> 00:31:19,360
The governor's already
written my appeal for me.
707
00:31:19,432 --> 00:31:21,457
Removing Adam Schiff
raises all kinds
708
00:31:21,534 --> 00:31:23,297
of due process challenges
to a conviction.
709
00:31:23,369 --> 00:31:24,598
So what do you propose?
710
00:31:24,672 --> 00:31:26,867
Coburn pleads to two counts
of second-degree murder.
711
00:31:26,941 --> 00:31:28,169
He serves 15-to-life.
712
00:31:28,242 --> 00:31:29,709
For two dead and three wounded?
713
00:31:29,777 --> 00:31:31,142
You don't like it,
make me an offer.
714
00:31:31,212 --> 00:31:33,680
We're making no offers,
Mr. Axtell.
715
00:31:34,548 --> 00:31:36,812
This case will be
decided by a jury.
716
00:31:41,222 --> 00:31:45,659
Okay. Pleasure not
doing business with you.
717
00:31:50,130 --> 00:31:52,860
They're gonna beat us over the
head with Mulroy v. Carey.
718
00:31:54,034 --> 00:31:56,764
That's what worked for them
against Johnson in the Bronx.
719
00:31:56,837 --> 00:31:58,600
Mulroy only gives the governor
720
00:31:58,672 --> 00:32:02,233
virtually unfettered discretion
to take over a case.
721
00:32:03,043 --> 00:32:05,034
You're going to hang
your hat on "virtually"?
722
00:32:05,112 --> 00:32:07,410
They could've
said "absolutely."
723
00:32:07,481 --> 00:32:10,575
Take a look at
Klosterman v. Cuomo.
724
00:32:10,651 --> 00:32:11,811
Right.
725
00:32:11,886 --> 00:32:14,855
It upholds the power of the court
to overturn the governor's order.
726
00:32:14,922 --> 00:32:16,856
The courts have the big stick.
727
00:32:16,924 --> 00:32:18,653
We just have to convince
them to swing it.
728
00:32:19,360 --> 00:32:22,193
You have Gaynor v.
Rockefeller in that pile?
729
00:32:27,201 --> 00:32:29,692
We'll give the governor
a little history lesson.
730
00:32:33,642 --> 00:32:35,007
I'm hungry.
731
00:32:35,443 --> 00:32:36,842
Chinese or Italian?
732
00:32:36,912 --> 00:32:38,243
Surprise me.
733
00:32:45,453 --> 00:32:47,284
I'm ordering take-out.
734
00:32:48,356 --> 00:32:49,948
I brought a salad.
735
00:32:52,894 --> 00:32:54,623
How's Mrs. Schiff?
736
00:32:54,696 --> 00:32:55,993
Still on life support.
737
00:33:01,870 --> 00:33:03,804
Opening arguments
in the morning?
738
00:33:04,873 --> 00:33:06,238
Bright and early.
739
00:33:10,211 --> 00:33:13,146
Adam and I'll be across
the street in civil term.
740
00:33:15,517 --> 00:33:17,109
Good luck.
741
00:33:17,185 --> 00:33:18,709
Same to you.
742
00:33:28,797 --> 00:33:30,196
I told him
I'd be cashing the check
743
00:33:30,265 --> 00:33:31,732
first thing Monday morning.
744
00:33:31,800 --> 00:33:33,427
He said, "No problem."
745
00:33:33,501 --> 00:33:35,469
Then he asked what I was
doing Sunday night.
746
00:33:35,537 --> 00:33:37,937
I told him about
the dinner cruise.
747
00:33:38,006 --> 00:33:41,066
What were you prepared to
do if his check bounced?
748
00:33:41,644 --> 00:33:44,408
I would've called the airline
to cancel the tickets.
749
00:33:44,613 --> 00:33:47,411
Then I would've notified the
Travel Agents' Association.
750
00:33:48,017 --> 00:33:50,713
And how would that affect his
ability to conduct business?
751
00:33:51,587 --> 00:33:53,248
It's pretty serious.
752
00:33:53,322 --> 00:33:55,882
He wouldn't have been able to
buy tickets on credit anymore.
753
00:33:55,958 --> 00:33:57,858
He'd have to pay in cash.
754
00:33:57,927 --> 00:33:59,019
Thank you.
755
00:34:03,065 --> 00:34:07,365
Miss Beckner, when my client bought
tickets from you in the past,
756
00:34:07,436 --> 00:34:10,269
he made sure you were
paid in full and on time?
757
00:34:10,406 --> 00:34:12,169
Yes.
So when he gave you that check
758
00:34:12,241 --> 00:34:14,038
that Sunday afternoon,
759
00:34:14,110 --> 00:34:17,876
did you ask him if he had enough
money in his account to cover it?
760
00:34:17,947 --> 00:34:20,006
No.
It didn't occur to me.
761
00:34:20,082 --> 00:34:22,482
You were confident that come Monday
morning, you'd have your money?
762
00:34:22,551 --> 00:34:23,575
Yes.
763
00:34:23,652 --> 00:34:25,916
Because when he had bought
tickets from you in the past,
764
00:34:25,988 --> 00:34:30,015
he made sure you were paid in full and on time.
Isn't that right?
765
00:34:32,995 --> 00:34:34,087
Yes.
766
00:34:35,231 --> 00:34:36,528
Thank you.
767
00:34:37,600 --> 00:34:40,933
The governor has no business
coming into New York County,
768
00:34:41,003 --> 00:34:43,130
telling us how to
prosecute criminals.
769
00:34:43,939 --> 00:34:46,134
That's the district
attorney's job.
770
00:34:46,208 --> 00:34:48,540
That's what I was
elected to do.
771
00:34:48,878 --> 00:34:50,608
The governor's
hijacked this case
772
00:34:50,747 --> 00:34:52,476
from the citizens
of this county.
773
00:34:53,316 --> 00:34:56,717
He made a mistake.
We're here to let him know it.
774
00:34:57,287 --> 00:34:58,379
Thank you.
775
00:34:58,455 --> 00:35:01,049
Mr. Keenan!
Mr. Keenan! Mr. Keenan!
776
00:35:04,961 --> 00:35:07,122
The State Constitution
compels the governor
777
00:35:07,197 --> 00:35:09,461
to ensure the laws be
faithfully executed.
778
00:35:09,833 --> 00:35:12,529
He removed Mr. Schiff to ensure
the death penalty statute
779
00:35:12,602 --> 00:35:14,900
be applied uniformly
throughout the state.
780
00:35:14,971 --> 00:35:19,408
The laws also vest district attorneys
with discretionary authority
781
00:35:19,476 --> 00:35:21,740
to prosecute cases
as they see fit.
782
00:35:21,812 --> 00:35:23,279
Are you implying
that their authority
783
00:35:23,346 --> 00:35:24,506
is greater than the governor's?
784
00:35:24,581 --> 00:35:27,482
I'm saying that Mr.
Schiff's actions were within the law
785
00:35:27,551 --> 00:35:29,746
and in no way justified
the governor removing him.
786
00:35:29,820 --> 00:35:31,447
Well, the governor
doesn't have to justify
787
00:35:31,521 --> 00:35:33,614
or even reveal the
reasons for his actions.
788
00:35:33,690 --> 00:35:36,955
Judge Cardozo said as much
in Saranac Land and Timber.
789
00:35:37,027 --> 00:35:40,463
History does not
support Mr. Tyrell.
790
00:35:40,530 --> 00:35:43,260
Governor Roosevelt
said such state actions
791
00:35:43,333 --> 00:35:47,736
must be predicated on definite
allegations of local misgovernment.
792
00:35:47,804 --> 00:35:50,739
Governors have used this
power only in cases
793
00:35:50,807 --> 00:35:53,708
of broad government corruption
or police misconduct.
794
00:35:53,777 --> 00:35:56,871
All Mr. Schiff did
was charge a defendant
795
00:35:56,947 --> 00:35:58,848
with a lesser count of murder.
796
00:35:59,617 --> 00:36:02,711
Mr. Tyrrell, the governor's
action here does seem unusual.
797
00:36:07,592 --> 00:36:10,527
He practically begged me
to advance him the money.
798
00:36:10,862 --> 00:36:13,422
But he knew that's
not how I do business.
799
00:36:13,865 --> 00:36:15,992
Had he ever asked
for an advance before?
800
00:36:16,067 --> 00:36:19,559
Yes. And I didn't give him
any money then either.
801
00:36:20,171 --> 00:36:21,365
Thank you.
802
00:36:25,443 --> 00:36:28,003
So it's your standard
practice never to pay
803
00:36:28,079 --> 00:36:30,604
for a tour more than
60 days in advance?
804
00:36:30,681 --> 00:36:31,739
Yes.
805
00:36:34,552 --> 00:36:39,285
In 1994, you booked a tour
to the Angkor Wat ruins
806
00:36:39,357 --> 00:36:40,619
through Southeast Adventures.
807
00:36:40,691 --> 00:36:42,215
Is that correct?
Yes.
808
00:36:42,293 --> 00:36:44,625
How far in advance did you
pay for those reservations?
809
00:36:44,695 --> 00:36:46,754
Four months, but I had to.
810
00:36:46,831 --> 00:36:49,026
Access to that area
was restricted.
811
00:36:49,100 --> 00:36:50,226
There was a long waiting list.
812
00:36:50,301 --> 00:36:52,735
Last year you booked a cruise
up the coast of Chile.
813
00:36:52,803 --> 00:36:54,668
When did you have to pay
for those reservations?
814
00:36:54,739 --> 00:36:57,708
Six months. But, again, it
was a special circumstance.
815
00:36:57,775 --> 00:37:00,744
So you do make exceptions
to your business practices?
816
00:37:04,515 --> 00:37:06,244
Yes. Then it wasn't
wholly unreasonable
817
00:37:06,317 --> 00:37:09,219
for my client to think you
might make another exception?
818
00:37:12,658 --> 00:37:14,057
I guess not.
819
00:37:17,029 --> 00:37:18,428
No more questions.
820
00:37:21,867 --> 00:37:23,027
We're in trouble.
821
00:37:23,101 --> 00:37:25,399
Half the jury were nodding
in agreement with Axtell.
822
00:37:25,470 --> 00:37:27,563
Really?
I think you're over-reacting.
823
00:37:27,639 --> 00:37:29,869
There's still a chance Coburn
will take life without parole.
824
00:37:29,942 --> 00:37:31,273
I think we should
make the offer.
825
00:37:31,376 --> 00:37:32,866
That's not gonna happen.
826
00:37:32,945 --> 00:37:34,640
Mr. Panatti,
I can read a jury.
827
00:37:34,713 --> 00:37:36,647
They're not buying
the robbery argument.
828
00:37:36,715 --> 00:37:38,808
Maybe it's you they
don't like, Miss Ross.
829
00:37:38,884 --> 00:37:41,819
Starting tomorrow,
I'll ask the questions.
830
00:37:43,455 --> 00:37:44,479
Fine.
831
00:37:44,556 --> 00:37:47,548
Mulroy v. Carey gives the
governor unfettered discretion
832
00:37:47,626 --> 00:37:49,685
to supersede
a district attorney.
833
00:37:49,761 --> 00:37:53,197
His discretion is virtually
unfettered, Your Honor.
834
00:37:53,265 --> 00:37:58,032
Gaynor v. Rockefeller said the governor
must act within constitutional limits.
835
00:37:58,103 --> 00:38:03,097
Imposing the death penalty to satisfy
political ends hardly meets that standard.
836
00:38:03,175 --> 00:38:05,871
That's just Mr.
Schiff's spin on the governor's motives.
837
00:38:05,944 --> 00:38:07,434
Regardless,
the governor's action
838
00:38:07,512 --> 00:38:08,979
is beyond review by any court.
839
00:38:09,047 --> 00:38:11,845
What if I do reverse
the order, Mr. McCoy?
840
00:38:11,984 --> 00:38:13,542
Wouldn't this court
just be substituting
841
00:38:13,619 --> 00:38:15,109
its own judgment
for the governor's?
842
00:38:15,187 --> 00:38:18,248
I submit that's precisely what
you're supposed to do, Your Honor,
843
00:38:18,324 --> 00:38:19,552
when circumstances warrant.
844
00:38:19,626 --> 00:38:21,184
Your Honor,
if we go down this road,
845
00:38:21,261 --> 00:38:24,924
every discretionary act by the governor
becomes subject to judicial scrutiny.
846
00:38:24,998 --> 00:38:26,898
Your Honor, if I may.
847
00:38:28,167 --> 00:38:32,228
The governor's using his office to
put a man's life in the balance.
848
00:38:32,839 --> 00:38:36,468
He claims his power is
absolute, beyond review.
849
00:38:37,543 --> 00:38:41,411
That's arrogant.
It smacks of royal authority.
850
00:38:41,481 --> 00:38:44,279
I don't think
the Constitution allows it.
851
00:38:44,350 --> 00:38:47,842
And I know the justice
system can't tolerate it.
852
00:38:48,588 --> 00:38:49,612
Your Honor...
853
00:38:49,689 --> 00:38:50,678
Thank you, gentlemen.
854
00:38:50,757 --> 00:38:53,555
You have made your positions
abundantly clear.
855
00:38:53,626 --> 00:38:56,220
I'll hand down my decision
by the end of the week.
856
00:38:58,197 --> 00:38:59,494
When Mr. Veitch
turned me down,
857
00:38:59,565 --> 00:39:01,362
I didn't know what to do.
858
00:39:01,768 --> 00:39:04,965
I thought I could lose everything
if that check bounced.
859
00:39:05,038 --> 00:39:06,630
What did you
finally decide to do?
860
00:39:06,706 --> 00:39:09,641
I had to stop Susan
from going to the bank.
861
00:39:09,842 --> 00:39:12,037
I remembered my
girlfriend had a gun
862
00:39:13,212 --> 00:39:16,613
and I decided to use it.
Not to kill Susan.
863
00:39:17,383 --> 00:39:18,816
Just to wound her.
864
00:39:18,885 --> 00:39:22,480
And you thought of this
after you left Mr. Veitch's office?
865
00:39:22,889 --> 00:39:24,050
Yes.
866
00:39:25,893 --> 00:39:27,724
It was stupid.
867
00:39:27,795 --> 00:39:31,060
But I was desperate.
I didn't mean to steal from Susan.
868
00:39:31,131 --> 00:39:32,758
I didn't mean to kill anybody.
869
00:39:36,136 --> 00:39:37,364
I'm sorry.
870
00:39:39,573 --> 00:39:40,972
I'm very sorry.
871
00:39:43,310 --> 00:39:44,607
Thank you.
872
00:39:45,312 --> 00:39:46,540
No more questions.
873
00:39:49,783 --> 00:39:52,217
Let me see if
I have this straight.
874
00:39:52,519 --> 00:39:58,355
You gave a $32,000
check to Miss Beckner
875
00:39:58,425 --> 00:40:01,588
when you had only $47
in your bank account?
876
00:40:02,963 --> 00:40:05,761
Yes. But I thought I'd have
the money by Monday morning.
877
00:40:05,833 --> 00:40:07,960
And then you asked her where
she was gonna be that night
878
00:40:08,035 --> 00:40:09,730
just to be friendly?
879
00:40:10,070 --> 00:40:11,059
Yes.
880
00:40:11,138 --> 00:40:13,299
When Mr. Veitch
turned you down,
881
00:40:13,374 --> 00:40:17,071
then you suddenly remembered
your girlfriend's gun?
882
00:40:17,144 --> 00:40:18,236
Yes. That's what happened.
883
00:40:18,312 --> 00:40:22,112
In fact, Mr. Coburn, you had it
figured out when you walked into
884
00:40:22,182 --> 00:40:23,479
Susan Beckner's office,
didn't you?
885
00:40:23,550 --> 00:40:24,608
No.
886
00:40:24,685 --> 00:40:27,848
You always intended to defraud
her of those tickets.
887
00:40:27,955 --> 00:40:30,082
You always intended
to use force to do it.
888
00:40:30,157 --> 00:40:31,215
That's not true.
889
00:40:31,291 --> 00:40:33,658
You expect us to
take your word on this?
890
00:40:33,728 --> 00:40:35,958
I don't know.
That's the truth.
891
00:40:36,097 --> 00:40:37,928
You have to believe me.
892
00:40:37,999 --> 00:40:40,729
Can you think of a
reasonable person who would?
893
00:40:47,609 --> 00:40:49,543
Didn't think so.
No more questions.
894
00:40:51,246 --> 00:40:53,043
Redirect, Your Honor.
895
00:40:54,549 --> 00:40:56,414
Mr. Coburn,
you were originally charged
896
00:40:56,484 --> 00:40:58,281
with second-degree murder.
Isn't that right?
897
00:40:58,353 --> 00:40:59,581
Objection. Relevance.
898
00:40:59,654 --> 00:41:02,122
Overruled.
Go ahead, Mr. Coburn.
899
00:41:02,190 --> 00:41:03,350
Yes.
900
00:41:03,691 --> 00:41:05,886
But you were later
indicted for first-degree murder.
901
00:41:05,960 --> 00:41:07,018
Yes.
902
00:41:07,095 --> 00:41:09,029
Do you know why the
charges were changed?
903
00:41:09,097 --> 00:41:10,121
No.
904
00:41:10,498 --> 00:41:12,989
I ask Your Honor to
take judicial notice
905
00:41:13,067 --> 00:41:14,762
that the charges
were changed after
906
00:41:14,836 --> 00:41:18,067
District Attorney Adam Schiff
was removed as prosecutor
907
00:41:18,139 --> 00:41:21,040
by the governor and
replaced by Mr. Panatti.
908
00:41:21,109 --> 00:41:22,371
So noted.
909
00:41:22,477 --> 00:41:24,138
Mr. Coburn,
do you know why
910
00:41:24,212 --> 00:41:25,679
District Attorney Schiff
was removed?
911
00:41:25,747 --> 00:41:28,875
Objection. The witness isn't
qualified to render an opinion.
912
00:41:28,950 --> 00:41:29,974
Sustained.
913
00:41:30,051 --> 00:41:32,076
I ask Your Honor
to take judicial notice
914
00:41:32,153 --> 00:41:35,088
of the sworn affidavit
filed by Mr. Schiff
915
00:41:35,156 --> 00:41:36,714
in his civil action
against the governor.
916
00:41:36,791 --> 00:41:38,952
Objection.
There's no possible relevance.
917
00:41:39,027 --> 00:41:41,656
Mr. Panatti
asked my client
918
00:41:41,730 --> 00:41:44,597
if he knew of a reasonable
person who would believe him.
919
00:41:44,667 --> 00:41:47,568
Mr. Schiff is
a reasonable person.
920
00:41:48,704 --> 00:41:50,535
I think his views are
admissible as rebuttal.
921
00:41:50,606 --> 00:41:53,598
Overruled.
Go ahead, Mr. Axtell.
922
00:41:53,676 --> 00:41:56,543
Petitioner's refusal
to indict defendant
923
00:41:56,612 --> 00:41:59,945
on first-degree murder
led to his removal.
924
00:42:00,816 --> 00:42:03,148
Using his
prosecutorial discretion,
925
00:42:03,219 --> 00:42:06,552
petitioner concluded there
was insufficient evidence
926
00:42:06,622 --> 00:42:11,821
of intent to commit robbery to sustain
a charge of first-degree murder.
927
00:42:15,598 --> 00:42:17,498
I have nothing further.
928
00:42:39,255 --> 00:42:41,018
Judge Barclay's decision.
929
00:42:41,924 --> 00:42:44,392
I don't see
the bottle of champagne.
930
00:42:44,727 --> 00:42:47,025
He deferred to the governor.
931
00:42:47,096 --> 00:42:49,429
The order isn't subject
to judicial review.
932
00:42:49,599 --> 00:42:51,032
He wimped out.
933
00:42:52,202 --> 00:42:55,103
We made waves.
Sometimes that's enough.
934
00:42:56,540 --> 00:42:58,804
They're waiting for me
at the hospital.
935
00:43:09,185 --> 00:43:11,119
Will the
defendant please stand?
936
00:43:13,823 --> 00:43:15,848
On the first count
of the indictment,
937
00:43:15,926 --> 00:43:18,258
murder in the first degree,
how do you find?
938
00:43:20,330 --> 00:43:23,891
We find the defendant,
Henry Coburn, not guilty.
939
00:43:25,569 --> 00:43:28,470
On the second count,
murder in the second degree,
940
00:43:28,538 --> 00:43:31,132
for the death of Todd
Wexman, how do you find?
941
00:43:31,508 --> 00:43:32,873
We find
the defendant guilty.
942
00:43:34,044 --> 00:43:36,774
On the third count,
murder in the second degree,
943
00:43:36,846 --> 00:43:40,009
for the death of Lorna
Kaminsky, how do you find?
944
00:43:40,584 --> 00:43:42,347
We find the defendant guilty.
945
00:43:55,765 --> 00:43:57,665
Always trust the jury.
946
00:44:00,037 --> 00:44:02,301
That should leave the governor
with some nice bite marks
947
00:44:02,373 --> 00:44:04,204
on the seat of his pants.
948
00:44:04,342 --> 00:44:06,902
Coburn's lucky.
He owes you his life.
949
00:44:07,945 --> 00:44:09,537
It was never about Coburn.
950
00:44:09,614 --> 00:44:10,706
Excuse me.
951
00:44:11,182 --> 00:44:12,672
Mr. Schiff.
952
00:44:16,153 --> 00:44:21,682
You did good, both of you.
953
00:44:32,103 --> 00:44:34,594
Come on.
We'll wait for him down the hall.
954
00:44:39,010 --> 00:44:41,740
This is the form.
You sign here.
955
00:44:43,014 --> 00:44:44,709
We hope for the best.
73405
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