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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:01,001 --> 00:00:04,301 Narrator: In the criminal justice system, the people are represented 2 00:00:04,338 --> 00:00:06,705 by two separate yet equally important groups... 3 00:00:06,740 --> 00:00:08,504 The police who investigate crime, 4 00:00:08,542 --> 00:00:11,341 and the district attorneys who prosecute the offenders. 5 00:00:11,378 --> 00:00:13,904 These are their stories. 6 00:00:14,348 --> 00:00:16,317 This isn't a criticism, Mike. 7 00:00:16,350 --> 00:00:18,319 Well, I guess I'm a little hypersensitive. 8 00:00:18,352 --> 00:00:20,321 Look, it probably won't hurt us. 9 00:00:20,354 --> 00:00:23,722 My point is, Ben was trying to get a straightforward laundry list going. 10 00:00:23,757 --> 00:00:25,581 That's exactly what I gave him. Listen, 11 00:00:25,605 --> 00:00:27,785 Paul... I pinch hit for Max in the grand jury, 12 00:00:27,828 --> 00:00:30,093 I present the case the way you and I reviewed it, 13 00:00:30,130 --> 00:00:32,998 now you're giving me a bunch of... Come on, man. Chill. 14 00:00:33,033 --> 00:00:35,662 Tomorrow, when we ask you to name names, 15 00:00:35,702 --> 00:00:37,830 don't go off on a tangent about kickbacks 16 00:00:37,871 --> 00:00:39,965 and stolen copper pipes and mangoes. 17 00:00:41,141 --> 00:00:43,542 "Mungo," not mangoes. Mungo. 18 00:00:43,577 --> 00:00:45,569 And I think everybody knows 19 00:00:45,612 --> 00:00:48,912 that's extra building material that just disappears. 20 00:00:49,049 --> 00:00:51,541 Yeah, and it ends up in somebody else's building. 21 00:00:51,585 --> 00:00:52,929 Hey, we didn't pick the grand jurors. 22 00:00:52,953 --> 00:00:56,185 No, but your crash course in corruption went way over their heads. 23 00:00:56,223 --> 00:00:57,885 So what? 24 00:00:57,925 --> 00:00:59,359 So they get too confused, 25 00:00:59,393 --> 00:01:01,555 they may throw up their hands and "no-bill" it. 26 00:01:01,595 --> 00:01:05,691 Relax. You're going to get your indictments. 27 00:01:05,732 --> 00:01:07,394 Max is back tomorrow morning. 28 00:01:07,434 --> 00:01:09,300 He's gonna give you what you want... 29 00:01:09,336 --> 00:01:11,703 Howard Neffer, Jimmy "The Mope" D'Onofrio, 30 00:01:11,738 --> 00:01:12,967 Morgan Stern. 31 00:01:13,006 --> 00:01:14,804 I'm going to call him later, 32 00:01:14,841 --> 00:01:16,537 we're gonna go over the case notes, 33 00:01:16,577 --> 00:01:19,809 and then I'm going out frugging 34 00:01:19,846 --> 00:01:21,678 with Patsy Kelly. 35 00:01:27,521 --> 00:01:28,989 Marie: I don't know. 36 00:01:29,022 --> 00:01:31,491 He's still rummaging around in the trunk. 37 00:01:31,525 --> 00:01:34,552 You know Max... Always losing his paperwork. 38 00:01:34,595 --> 00:01:36,996 Marie, can you tell him to light a fire under it? 39 00:01:37,030 --> 00:01:38,231 Dinner getting cold? 40 00:01:38,255 --> 00:01:41,263 No, my date's getting cold. I'm still at the office. 41 00:01:41,301 --> 00:01:42,735 Marie: Tell me about it. 42 00:01:42,769 --> 00:01:45,102 It's like being married to a ghost. 43 00:01:46,707 --> 00:01:49,438 Now he's out there gabbing with somebody. 44 00:01:49,476 --> 00:01:52,002 - Who's he gabbing to? - I don't know. 45 00:01:52,045 --> 00:01:53,513 It's dark. 46 00:01:53,547 --> 00:01:56,483 Matthew, go out and tell your father to hurry up, will you? 47 00:01:56,516 --> 00:01:58,849 Matthew: Okay, Ma. 48 00:02:00,153 --> 00:02:01,519 - What is this? - Marie? 49 00:02:01,555 --> 00:02:03,786 Oh, Mary Mother of God. 50 00:02:06,293 --> 00:02:08,956 Marie...? Marie! Marie! 51 00:04:38,245 --> 00:04:41,943 Left... right... 52 00:04:41,982 --> 00:04:44,679 left... right... 53 00:04:44,718 --> 00:04:48,917 left... right... halt. 54 00:04:54,528 --> 00:04:56,121 In. 55 00:05:01,802 --> 00:05:03,634 Left and right face. 56 00:05:04,805 --> 00:05:06,797 One step to the rear. 57 00:05:08,141 --> 00:05:10,133 Present arms. 58 00:05:40,173 --> 00:05:42,301 I'll testify as soon as you need me. 59 00:05:42,342 --> 00:05:44,311 I can take over for Max's testimony as well. 60 00:05:44,344 --> 00:05:46,074 The grand jury will be suspended. 61 00:05:46,112 --> 00:05:48,274 When you open back up, you include Max's murder 62 00:05:48,315 --> 00:05:49,749 as part of the offering, right? 63 00:05:49,783 --> 00:05:51,581 If we find anything substantive... 64 00:05:51,618 --> 00:05:53,211 And so far we've found nothing. 65 00:05:53,253 --> 00:05:55,693 Logan: The night before his first day of grand jury testimony, 66 00:05:55,722 --> 00:05:58,817 somebody heard something was going down and didn't like the sound of it. 67 00:05:58,859 --> 00:06:01,488 I'd like to go after the list of pending indictments. 68 00:06:01,528 --> 00:06:03,429 You and I should find out who had knowledge 69 00:06:03,463 --> 00:06:05,193 of those indictments in our office. 70 00:06:05,232 --> 00:06:07,929 What about a leak out of the grand jurors? 71 00:06:07,968 --> 00:06:11,097 Let's check their ties to construction industry. Every one of them. 72 00:06:11,137 --> 00:06:15,097 If word on the grand jury, or a list of indictments got out, 73 00:06:15,141 --> 00:06:18,600 why hit Max... The lead on a task force? 74 00:06:18,645 --> 00:06:20,614 Because they already hit the leading investigator 75 00:06:20,647 --> 00:06:22,081 from the building department. 76 00:06:22,115 --> 00:06:25,244 That was an open investigation, right? In the papers. 77 00:06:25,285 --> 00:06:27,151 What were they going to accomplish by that? 78 00:06:27,187 --> 00:06:30,385 I don't think these people are what you'd call "long-term planners." 79 00:06:30,423 --> 00:06:33,882 Two in the back, one in the face. 80 00:06:35,161 --> 00:06:37,630 That's not a pro, 81 00:06:37,664 --> 00:06:39,462 not a thinker. 82 00:06:47,507 --> 00:06:49,305 The purpose of this little get-together 83 00:06:49,342 --> 00:06:51,971 is emphatically not to "bust your chops," as you put it. 84 00:06:52,012 --> 00:06:54,811 It's to help you accept your partner's death. 85 00:06:54,848 --> 00:06:56,476 I accept it. 86 00:06:56,516 --> 00:06:58,781 Boom... he's dead. It's end of story. 87 00:07:00,687 --> 00:07:04,590 Also to help the officer in trouble reach a sense of closure. 88 00:07:04,624 --> 00:07:08,083 All right, first of all, I'm not "in trouble," okay? 89 00:07:08,128 --> 00:07:10,927 Matter of fact, I'm alive, and I'm on the case. 90 00:07:10,964 --> 00:07:15,402 Second of all, I'm Irish Catholic... I got a sense of closure at Max's wake. 91 00:07:21,808 --> 00:07:24,107 Well, then, there's no problem. 92 00:07:24,144 --> 00:07:27,171 That's right. Can I go now? 93 00:07:34,487 --> 00:07:37,457 Listen, thanks a lot. But, really, I'm fine. 94 00:07:37,490 --> 00:07:39,425 Olivet: Hey, Detective? 95 00:07:40,794 --> 00:07:43,354 Ever hear of the "seven stages of grief"? 96 00:07:43,396 --> 00:07:44,625 No. 97 00:07:44,664 --> 00:07:47,600 The first one is denial. 98 00:07:50,003 --> 00:07:51,995 I'm fine. 99 00:08:06,319 --> 00:08:07,651 Cragen: Mike? 100 00:08:22,802 --> 00:08:24,794 You know Phil Cerreta from the 39? 101 00:08:24,838 --> 00:08:26,773 I know him by name. 102 00:08:26,806 --> 00:08:28,604 He's handling Max's case. 103 00:08:28,641 --> 00:08:30,610 I saw him the night of the crime scene. 104 00:08:30,643 --> 00:08:32,202 He's thinking about coming over, 105 00:08:32,245 --> 00:08:34,441 maybe as second whip. 106 00:08:35,648 --> 00:08:37,344 So? 107 00:08:37,384 --> 00:08:39,580 So, he asked about you. 108 00:08:39,619 --> 00:08:41,383 How you would feel? 109 00:08:45,658 --> 00:08:47,957 Fine... I mean, whatever. I don't care. 110 00:08:47,994 --> 00:08:50,156 Same rank as Max, pick of cases. 111 00:08:51,598 --> 00:08:54,432 He comes over, that means he's bringing Max's shooting with him? 112 00:08:54,467 --> 00:08:57,369 - I would assume so. - All right, then I'm on this case. 113 00:08:57,404 --> 00:08:59,635 Mike, I let you back in the field, 114 00:08:59,672 --> 00:09:02,232 I got to be concerned about your objectivity. 115 00:09:02,275 --> 00:09:04,403 - Then you put Cerreta on point. - Mike... 116 00:09:04,444 --> 00:09:07,623 I know the history of the task force. Who else is going to interview these people? 117 00:09:07,647 --> 00:09:11,982 It doesn't matter. You're still due time on a desk. 118 00:09:31,971 --> 00:09:33,963 So? 119 00:09:34,007 --> 00:09:36,340 What? 120 00:09:38,778 --> 00:09:40,838 How are you doing with this? 121 00:09:42,482 --> 00:09:44,246 I'm fine. 122 00:09:53,493 --> 00:09:56,691 Robinette: I only found one name that makes sense. 123 00:09:58,498 --> 00:10:02,833 "Magadan, Dan Sr. Retired construction"? It's a good possibility. 124 00:10:02,869 --> 00:10:06,636 It gets better. Check his pension ties. 125 00:10:08,341 --> 00:10:10,333 Pull everything you can on him. 126 00:10:12,812 --> 00:10:17,147 Stone: Your pension fund is vested with Local 139. 127 00:10:17,183 --> 00:10:19,311 It's hard to believe you didn't know 128 00:10:19,352 --> 00:10:21,981 any of the names offered for indictment in that room. 129 00:10:22,021 --> 00:10:24,650 Magadan: I had heard of a few, maybe. 130 00:10:24,691 --> 00:10:26,626 They were just names. 131 00:10:26,659 --> 00:10:28,594 I don't know them. 132 00:10:30,363 --> 00:10:32,594 Do you know any people who do? 133 00:10:32,632 --> 00:10:34,191 Not that I know of. 134 00:10:34,234 --> 00:10:38,194 Two of them are on the governing board of that local. 135 00:10:38,238 --> 00:10:40,673 I haven't been active in the local for years. 136 00:10:40,707 --> 00:10:42,266 My pension's there, that's all. 137 00:10:42,308 --> 00:10:44,675 Still, if you'd mentioned anything, 138 00:10:44,711 --> 00:10:46,839 even out of a sense of loyalty... 139 00:10:46,880 --> 00:10:48,872 I didn't say anything. 140 00:10:52,385 --> 00:10:55,355 Mr. Magadan... 141 00:10:55,388 --> 00:10:58,449 we're not talking about loyalties and pension funds. 142 00:10:58,491 --> 00:11:02,792 We're talking about the killing of a man who had 23 years on the job. 143 00:11:02,829 --> 00:11:05,355 And we're talking about his wife and his children, 144 00:11:05,398 --> 00:11:07,697 who'll spend months, maybe years, 145 00:11:07,734 --> 00:11:10,727 trying to come to terms with the fact that he is gone. 146 00:11:13,673 --> 00:11:16,973 Look, we're not assessing blame. We just need some help. 147 00:11:17,010 --> 00:11:19,479 We've got to know whether you said anything. 148 00:11:19,512 --> 00:11:21,845 I didn't. I swear. Nothing was said. 149 00:11:38,364 --> 00:11:40,333 Captain tells me we're partnering. 150 00:11:40,366 --> 00:11:42,130 Yeah. 151 00:11:44,370 --> 00:11:45,895 I'm sorry about Max. 152 00:11:45,939 --> 00:11:48,306 Yeah. 153 00:11:49,709 --> 00:11:51,678 Listen... 154 00:11:51,711 --> 00:11:53,839 Phil. 155 00:11:53,880 --> 00:11:57,146 I know you're the new whip and everything, but I got a few things... 156 00:11:57,183 --> 00:12:01,245 Mike, you know all the players on this copper business. I need you on point. 157 00:12:02,989 --> 00:12:04,480 Okay. 158 00:12:04,591 --> 00:12:06,685 Okay. 159 00:12:12,665 --> 00:12:15,294 Logan: You, Stern, Neffer, you were all indicted. 160 00:12:15,335 --> 00:12:18,134 And you don't know anything about the special investigator 161 00:12:18,171 --> 00:12:19,969 that got tossed down on 48th Street? 162 00:12:20,006 --> 00:12:23,773 Yeah, well, sure. Everybody's heard about it, but I don't know nothing. 163 00:12:28,514 --> 00:12:30,813 Well, I want you to think about it, Vince. 164 00:12:30,850 --> 00:12:34,480 Because I got a hundred bucks that says the guys that threw him off the roof 165 00:12:34,520 --> 00:12:37,456 were the same ones who killed my partner, Detective Greevey. 166 00:12:37,490 --> 00:12:42,190 I swear, Detective, I'm just a salesman. 167 00:12:43,863 --> 00:12:46,423 - He seems okay to me. - Yeah. 168 00:12:46,466 --> 00:12:50,301 - Maybe a few degrees too cool. - Another hothead? 169 00:12:50,436 --> 00:12:52,837 Another mick. Your lot in life, Phil. 170 00:12:55,041 --> 00:12:57,510 Max was not exactly "Mr. Mellow." 171 00:12:57,543 --> 00:13:00,103 I can imagine these two guys together. 172 00:13:00,146 --> 00:13:02,513 They did fine. 173 00:13:05,118 --> 00:13:08,111 You and Mike get a list of the indictees? 174 00:13:08,154 --> 00:13:09,782 Yeah, tomorrow. 175 00:13:09,822 --> 00:13:11,950 Mike and I are going out tomorrow on a couple of them. 176 00:13:11,991 --> 00:13:13,323 Good. 177 00:13:13,359 --> 00:13:15,794 I restore old buildings. 178 00:13:15,828 --> 00:13:17,626 I consider myself a conservator 179 00:13:17,664 --> 00:13:20,793 of the city's architectural heritage. 180 00:13:20,833 --> 00:13:22,859 Cerreta: Very noble of you, Mr. Neffer. 181 00:13:22,902 --> 00:13:24,894 Is this part of your conservatorship? 182 00:13:24,937 --> 00:13:28,305 It's pipe. What do you want? 183 00:13:28,341 --> 00:13:32,278 All kosher, Howie? We hear it's stolen. 184 00:13:32,312 --> 00:13:34,281 You want to show me a search warrant? 185 00:13:34,314 --> 00:13:37,250 You think we're gonna load a bunch of pipe in our trunk? 186 00:13:37,283 --> 00:13:38,808 We don't need a search warrant. 187 00:13:38,851 --> 00:13:41,343 We'll go back and get you an arrest warrant. 188 00:13:43,189 --> 00:13:45,181 Just tell me what you want. 189 00:13:45,224 --> 00:13:47,970 Cerreta: Somebody on the secret grand jury couldn't keep his big mouth shut. 190 00:13:47,994 --> 00:13:49,986 We believe that information led 191 00:13:50,029 --> 00:13:52,294 to the murder Detective Logan's partner. 192 00:13:54,033 --> 00:13:56,559 Why me? I don't know anything about that. 193 00:13:56,602 --> 00:13:59,663 We know you supplied a lot of pipe to the 48th Street project. 194 00:13:59,706 --> 00:14:02,801 Remember that one? That's the one they tossed Inspector Janklow off. 195 00:14:02,842 --> 00:14:05,505 I had nothing to do with that. 196 00:14:05,545 --> 00:14:07,537 Who did? 197 00:14:08,614 --> 00:14:12,244 Ask Morgan Stern. He told me to... 198 00:14:15,822 --> 00:14:17,814 He told you what? 199 00:14:19,158 --> 00:14:21,389 To keep my mouth shut about the leak. 200 00:14:25,832 --> 00:14:27,960 Stone: Ball's in your court, Mr. Stern. 201 00:14:28,000 --> 00:14:31,266 I want immunity on anything that may come of this. 202 00:14:31,304 --> 00:14:33,449 I want to know where you got the information on the grand jury. 203 00:14:33,473 --> 00:14:36,375 You already stated to Detectives Cerreta and Logan 204 00:14:36,409 --> 00:14:40,005 that you did warn Howard Neffer to keep his mouth shut about the leak! 205 00:14:41,647 --> 00:14:43,673 I want to know who that leak is! 206 00:14:46,352 --> 00:14:50,346 All right. How about immunity on the copper theft? 207 00:14:50,390 --> 00:14:53,758 Five more seconds of this, you'll need immunity on a lot more than that. 208 00:14:53,793 --> 00:14:56,592 My project manager. 209 00:14:56,629 --> 00:14:58,120 His name?! 210 00:15:02,969 --> 00:15:04,904 Magadan. 211 00:15:06,472 --> 00:15:08,600 Robinette: Magadan... the old man? 212 00:15:08,641 --> 00:15:12,442 No, his son... Daniel Magadan Jr. 213 00:15:13,646 --> 00:15:16,582 The grand jury foreman told his son. 214 00:15:19,986 --> 00:15:22,285 I'll be a son of a bitch. 215 00:15:27,326 --> 00:15:29,124 Mr. Magadan, 216 00:15:29,162 --> 00:15:31,290 we're not interested in why you lied. 217 00:15:31,330 --> 00:15:33,595 What we need to know is, why did you tell 218 00:15:33,633 --> 00:15:35,363 your son about the grand jury? 219 00:15:37,003 --> 00:15:38,972 He said he had a friend who wanted to know 220 00:15:39,005 --> 00:15:40,940 what the grand jury was getting. 221 00:15:40,973 --> 00:15:42,464 I told him not to be a hero. 222 00:15:42,508 --> 00:15:44,807 If his friend was mixed up in something like that, 223 00:15:44,844 --> 00:15:47,143 then it was none of his business. 224 00:15:47,180 --> 00:15:48,842 That's all? 225 00:15:50,683 --> 00:15:53,380 I told him this Detective Greevey was going to name names, 226 00:15:53,419 --> 00:15:55,911 and I hoped to God the name Magadan wasn't one of them. 227 00:15:55,955 --> 00:15:58,151 Where's your son now, Mr. Magadan? 228 00:15:58,191 --> 00:15:59,887 I don't know. 229 00:16:02,628 --> 00:16:04,620 That I swear... I don't. 230 00:16:13,639 --> 00:16:16,336 Look, I got... Just two minutes. 231 00:16:25,151 --> 00:16:26,983 These Danny's friends? 232 00:16:28,488 --> 00:16:30,480 The ones he's covering for? 233 00:16:34,660 --> 00:16:36,822 If he's protecting someone, it's wrong. 234 00:16:38,464 --> 00:16:41,024 You know it's wrong. 235 00:16:43,669 --> 00:16:47,606 My partner died because you opened your mouth on the grand jury. 236 00:16:52,011 --> 00:16:54,003 I'm not going away. 237 00:16:55,014 --> 00:16:57,677 Somebody's got to do something right. 238 00:17:02,455 --> 00:17:04,890 Danny came to me about the grand jury. 239 00:17:04,924 --> 00:17:07,393 Pumped me for info. 240 00:17:08,961 --> 00:17:11,123 Said it was for a friend... 241 00:17:12,865 --> 00:17:16,563 But maybe there was no friend. Maybe he did it for himself. 242 00:17:16,602 --> 00:17:19,265 - What do you mean? - I don't know. 243 00:17:19,305 --> 00:17:23,174 Mr. Magadan, if you're saying your son killed my partner, 244 00:17:23,209 --> 00:17:25,974 then every cop in this city will be gunning for him. 245 00:17:34,120 --> 00:17:36,112 His best bet is with me. 246 00:17:38,157 --> 00:17:40,922 Any other cop, the odds go down to 50-50. 247 00:17:43,996 --> 00:17:46,090 Your word you won't hurt him? 248 00:17:47,099 --> 00:17:49,091 I promise. 249 00:18:08,454 --> 00:18:09,786 Hey, Danny...? 250 00:18:22,301 --> 00:18:24,133 Freeze! 251 00:18:28,975 --> 00:18:31,342 On your head. On your head! 252 00:18:37,583 --> 00:18:39,643 The name "Max Greevey" ring a bell, Danny? 253 00:18:39,685 --> 00:18:41,620 I don't know what you're talking about. 254 00:18:41,654 --> 00:18:45,785 You throw Inspector Janklow off a roof, then kill my partner to shut him up? 255 00:18:45,825 --> 00:18:47,453 No. No? 256 00:18:47,493 --> 00:18:49,655 No. 257 00:18:52,999 --> 00:18:55,798 - Get on your knees. - What? 258 00:18:55,835 --> 00:18:57,963 I said, get on your knees. 259 00:19:06,445 --> 00:19:08,710 This is how you did my partner, isn't it? 260 00:19:08,748 --> 00:19:12,515 I swear, I didn't kill nobody. 261 00:19:20,292 --> 00:19:22,284 I don't believe you. 262 00:19:26,132 --> 00:19:29,159 I'm just gonna ask you one more time, "Danny boy." 263 00:19:31,804 --> 00:19:33,773 Oh, God... 264 00:19:35,775 --> 00:19:37,710 Please...! 265 00:19:43,649 --> 00:19:45,618 I did it, okay? 266 00:19:45,651 --> 00:19:47,176 I did it. 267 00:19:59,498 --> 00:20:02,468 You do understand you have the right to an attorney? 268 00:20:02,501 --> 00:20:04,800 You maintain you've passed on that right? 269 00:20:04,837 --> 00:20:06,465 Yeah, I understand. 270 00:20:06,505 --> 00:20:09,805 I've been through all this already with that psychotic. 271 00:20:09,842 --> 00:20:12,641 We'll go over it again, for the record. 272 00:20:12,678 --> 00:20:14,977 You don't mind, do you, Mr. Magadan? 273 00:20:15,014 --> 00:20:16,846 No. 274 00:20:18,017 --> 00:20:19,747 Will you tell me something? 275 00:20:19,785 --> 00:20:22,448 How did you find out where Sgt. Greevey lived? 276 00:20:25,191 --> 00:20:28,161 Some chick my cousin knows who works at the DMV. 277 00:20:29,862 --> 00:20:31,854 It's not that tough. 278 00:20:33,365 --> 00:20:35,800 So I went out there and parked across the street. 279 00:20:37,369 --> 00:20:39,838 Then you got out of your car... 280 00:20:39,872 --> 00:20:43,104 and you shot him. Isn't that correct? 281 00:20:46,045 --> 00:20:48,514 Not quite like that. 282 00:20:48,547 --> 00:20:54,214 I mean, I had to wait a few hours... 283 00:20:54,253 --> 00:20:57,690 and when he came out, I pulled into his driveway. 284 00:20:57,723 --> 00:20:59,715 Intending to shoot him? 285 00:21:03,162 --> 00:21:05,631 Not necessarily. 286 00:21:05,664 --> 00:21:10,796 I thought maybe I could scare him off or something, you know? 287 00:21:10,836 --> 00:21:13,499 Threaten his old lady if I could get her alone. 288 00:21:17,343 --> 00:21:19,938 What happened to make you change your mind? 289 00:21:25,684 --> 00:21:28,153 I don't know. 290 00:21:28,187 --> 00:21:30,656 When he came out... 291 00:21:30,689 --> 00:21:32,681 he was just... 292 00:21:34,193 --> 00:21:36,185 there. 293 00:21:37,863 --> 00:21:39,991 I kind of lost it. 294 00:21:44,203 --> 00:21:46,832 You said the gun was not yours. 295 00:21:46,872 --> 00:21:49,842 No, it belongs to the construction company. 296 00:21:49,875 --> 00:21:52,367 I've got an extra key to the trailer. 297 00:21:52,411 --> 00:21:54,676 That's where the gun is now, in the trailer? 298 00:21:54,713 --> 00:21:56,113 Yeah. 299 00:21:56,148 --> 00:21:58,014 Bull's-eye. 300 00:21:58,050 --> 00:22:00,076 Cerreta: Where exactly is it kept? 301 00:22:00,119 --> 00:22:03,453 Danny: You want me to hand it over to you on a silver platter? 302 00:22:03,489 --> 00:22:05,458 Good job. 303 00:22:05,491 --> 00:22:07,960 Make sure I get a copy of that confession. 304 00:22:07,993 --> 00:22:09,962 Cerreta: You need to be very specific 305 00:22:09,995 --> 00:22:11,623 when we go in front of the judge. 306 00:22:11,664 --> 00:22:13,963 You know the drill. Search warrant... 307 00:22:13,999 --> 00:22:16,628 It's in the toolbox right there 308 00:22:16,669 --> 00:22:20,902 with the tools and the rest of the stuff. 309 00:22:24,510 --> 00:22:26,308 Mike... 310 00:22:26,345 --> 00:22:28,814 looks like you got this guy dead to rights, huh? 311 00:22:28,848 --> 00:22:30,646 I guess so. 312 00:22:30,683 --> 00:22:32,982 You want to check it before I hand it in? 313 00:22:33,018 --> 00:22:36,216 Just make sure all the "T's" are crossed and the "I's" are dotted. 314 00:22:38,023 --> 00:22:40,925 - I'm sure it's fine. - It's all kosher? 315 00:22:43,696 --> 00:22:46,825 You want me to freakin' proofread it, or what, Phil? 316 00:22:46,866 --> 00:22:50,997 It's just that... in case you had to drag it out of him... 317 00:22:51,036 --> 00:22:54,529 we ought to know that before his lawyer comes on board. 318 00:22:59,311 --> 00:23:01,303 He's saying I dragged it out of him? 319 00:23:03,015 --> 00:23:05,007 He said something like that. 320 00:23:05,050 --> 00:23:07,383 You see any marks on the guy? 321 00:23:08,821 --> 00:23:10,790 It isn't that. 322 00:23:10,823 --> 00:23:13,622 It's that he said you threatened to kill him. 323 00:23:13,659 --> 00:23:16,254 He said that, huh? 324 00:23:19,465 --> 00:23:21,457 A cop killer? 325 00:23:23,002 --> 00:23:25,471 You think I would have killed him, Phil? 326 00:23:27,106 --> 00:23:29,098 I don't know, Mike. 327 00:23:30,175 --> 00:23:32,167 I don't know what's in your mind. 328 00:23:33,779 --> 00:23:35,771 I don't know you well enough. 329 00:23:37,683 --> 00:23:39,675 That's right... 330 00:23:39,718 --> 00:23:41,710 you don't. 331 00:23:43,155 --> 00:23:45,647 Cragen: "Maybe threaten his old lady." 332 00:23:45,691 --> 00:23:49,253 Too bad he didn't take that route. Marie would have kicked his ass. 333 00:23:50,462 --> 00:23:53,921 - That's for sure. - Everything all right with you two? 334 00:23:53,966 --> 00:23:56,800 Oh, yeah. He's a good kid. The collar is top of the line. 335 00:23:56,835 --> 00:23:59,066 We got a 100-proof case against the skel... 336 00:23:59,104 --> 00:24:02,233 Whoa, Phil, let's stop with the clichés already. 337 00:24:02,274 --> 00:24:03,970 What's going on? 338 00:24:08,981 --> 00:24:11,815 Suppose Logan went a little over the line on this one? 339 00:24:14,486 --> 00:24:18,287 - How far over? - Not much, maybe five yards. 340 00:24:18,324 --> 00:24:20,452 I wasn't even gonna mention this, 341 00:24:20,492 --> 00:24:22,461 but apparently, or maybe, 342 00:24:22,494 --> 00:24:24,326 he was gonna blow this guy's brains out. 343 00:24:24,363 --> 00:24:26,628 What the hell is that supposed to mean? 344 00:24:26,665 --> 00:24:31,660 Magadan says that Logan was waving his gun at him. 345 00:24:33,505 --> 00:24:35,974 Mike's got to be thinking this guy is armed. 346 00:24:36,008 --> 00:24:38,637 I mean, this is the guy who killed his partner. 347 00:24:38,677 --> 00:24:40,441 Yeah. And he would have his gun out. 348 00:24:40,479 --> 00:24:42,675 It was dark. 349 00:24:45,351 --> 00:24:47,343 And you gotta be careful. 350 00:24:54,360 --> 00:24:56,522 I mean, what are you going to do? 351 00:25:16,482 --> 00:25:18,474 Mike? 352 00:25:19,485 --> 00:25:21,477 Anything you want to tell me? 353 00:25:22,488 --> 00:25:24,480 Yeah. 354 00:25:25,491 --> 00:25:27,483 I got us Max's killer. 355 00:25:30,829 --> 00:25:32,297 Okay, let's get a warrant, 356 00:25:32,331 --> 00:25:35,665 get that freakin' gun in here before something happens to it. 357 00:25:37,836 --> 00:25:39,805 Cerreta: Mr. Stern, we have a warrant 358 00:25:39,838 --> 00:25:41,670 to search these premises. 359 00:26:23,148 --> 00:26:26,949 If it's true, the officer's use of his gun to get a confession... 360 00:26:26,985 --> 00:26:28,707 With all due respect, Judge, these allegations 361 00:26:28,731 --> 00:26:30,098 of threats are not relevant to bail. 362 00:26:30,122 --> 00:26:33,684 Hold it. If you believe your client's statement was coerced, 363 00:26:33,725 --> 00:26:35,751 make a motion to suppress it. 364 00:26:35,794 --> 00:26:38,286 People's case appears to be tight... 365 00:26:38,330 --> 00:26:41,562 Confession was made inside the precinct, the murder weapon was recovered, 366 00:26:41,600 --> 00:26:44,593 corroborative evidence... Bail's out of the question. 367 00:26:44,636 --> 00:26:46,264 Fine, Judge. 368 00:26:46,305 --> 00:26:49,798 Legal Aid only represents Mr. Magadan for this arraignment. 369 00:26:49,842 --> 00:26:52,505 I'm sure that his regular attorney will submit papers 370 00:26:52,544 --> 00:26:54,911 challenging a confession obtained at the point of a gun. 371 00:26:54,947 --> 00:26:57,178 To which the People will respond. 372 00:26:57,216 --> 00:27:00,846 Pursuant to Criminal Procedure Law, Section 51040, 373 00:27:00,886 --> 00:27:03,981 the defendant is remanded to the custody of the State. 374 00:27:05,791 --> 00:27:07,885 Bailiff: Docket number 64788. 375 00:27:09,495 --> 00:27:11,589 Defense attorney: Paul... 376 00:27:11,630 --> 00:27:14,242 Dave, if this is the "rubber hose" routine, I've heard it a thousand times. 377 00:27:14,266 --> 00:27:18,601 Well, this was no rubber hose. It was a .38 police special. 378 00:27:18,637 --> 00:27:21,801 - And you're buying? - Hey, I hear this twice as much as you guys. 379 00:27:21,840 --> 00:27:23,468 I got nothing invested here. 380 00:27:23,509 --> 00:27:26,968 Once his high-priced mouthpiece rolls in, my office is gone. 381 00:27:27,012 --> 00:27:29,777 I'm telling you, it feels on the level. 382 00:27:29,815 --> 00:27:33,081 And if it is, it's a big pile you've stepped in. 383 00:27:36,889 --> 00:27:40,621 From out of nowhere, this detective rousts me. 384 00:27:40,659 --> 00:27:42,491 I'm trying to be cool, 385 00:27:42,528 --> 00:27:45,225 but I figure the guy's on speed or something. 386 00:27:46,832 --> 00:27:49,461 Why do you think that? 387 00:27:49,501 --> 00:27:52,596 Because before I'm halfway into my act... 388 00:27:54,339 --> 00:27:56,205 he puts his piece here. 389 00:27:58,677 --> 00:28:01,272 He asks me did I kill the fat cop. 390 00:28:02,447 --> 00:28:04,439 I don't say anything. 391 00:28:06,418 --> 00:28:08,410 I hear the hammer go back... 392 00:28:10,289 --> 00:28:12,884 Click... click... 393 00:28:15,194 --> 00:28:17,425 No bruises or cuts. No way to verify it. 394 00:28:17,462 --> 00:28:19,454 You just spilled your guts. 395 00:28:21,633 --> 00:28:24,762 You know how to read a rap sheet, don't you? 396 00:28:24,803 --> 00:28:27,637 Five arrests, three convictions. 397 00:28:28,974 --> 00:28:30,943 So you're a loser. So...? 398 00:28:30,976 --> 00:28:33,741 So, no guilty pleas. 399 00:28:36,982 --> 00:28:39,042 Two years ago, I got popped in Jersey. 400 00:28:39,084 --> 00:28:41,883 A missing semi-trailer full of microwaves. 401 00:28:43,822 --> 00:28:46,724 A sergeant questions me with a cigar. 402 00:28:47,993 --> 00:28:51,020 I didn't talk then, either. 403 00:28:51,063 --> 00:28:53,123 But this son of... 404 00:28:54,766 --> 00:28:56,758 And that sound... 405 00:28:59,338 --> 00:29:01,330 "click." 406 00:29:05,544 --> 00:29:06,910 The guy was brought in, 407 00:29:06,945 --> 00:29:10,905 Sergeant Cerreta Mirandized him, he duly confessed. 408 00:29:10,949 --> 00:29:12,577 That doesn't undo the damage. 409 00:29:12,618 --> 00:29:15,247 What damage? You were there yourself, for crying out loud! 410 00:29:15,287 --> 00:29:17,984 - You see anything screwy? - Not in the interrogation room. 411 00:29:18,023 --> 00:29:21,425 Can I cut in on this tap dance? We're talking about the alley, right? 412 00:29:21,460 --> 00:29:24,089 What's the difference? You have a signed confession. 413 00:29:24,129 --> 00:29:26,257 I get the feeling we're not getting the whole truth. 414 00:29:30,969 --> 00:29:33,598 - Well, Mike? - Well, what? 415 00:29:33,639 --> 00:29:36,108 I asked the guy about Max, he blurted it out. 416 00:29:36,141 --> 00:29:38,576 Did you help him? Did you? 417 00:29:41,813 --> 00:29:43,611 What I am asking you, Detective, 418 00:29:43,649 --> 00:29:47,381 is did you threaten Mr. Magadan in order to obtain information? 419 00:29:47,419 --> 00:29:49,945 - I pressured him, okay? - Mike... 420 00:29:49,988 --> 00:29:53,117 What the hell is this? You expect me to sit on my ass 421 00:29:53,158 --> 00:29:55,150 while my partner's killer walks around free?! 422 00:29:55,193 --> 00:29:58,527 Either way, that is exactly what is going to happen. 423 00:29:58,563 --> 00:30:00,794 Because if the first confession is coerced, 424 00:30:00,832 --> 00:30:02,960 then so is the second, and the third... 425 00:30:03,001 --> 00:30:05,766 no matter how many times you Mirandize the suspect. 426 00:30:05,804 --> 00:30:07,739 Coercion is a judgment call. 427 00:30:07,773 --> 00:30:09,969 My guy never laid a glove on the son of a bitch. 428 00:30:10,008 --> 00:30:12,978 That doesn't matter. If he coerced the first confession, 429 00:30:13,011 --> 00:30:15,480 it is still "fruit of the poisonous tree." 430 00:30:15,514 --> 00:30:18,814 What "fruit"? What's it some stupid technicality? 431 00:30:18,850 --> 00:30:21,149 Perhaps you can explain the concept to your men, 432 00:30:21,186 --> 00:30:23,712 so they don't let another cop killer walk. 433 00:30:26,658 --> 00:30:30,823 I doubt if Max Greevey would've considered it a "technicality." 434 00:30:35,200 --> 00:30:37,169 So Stone's holding you responsible 435 00:30:37,202 --> 00:30:39,831 for Magadan possibly getting off. 436 00:30:39,871 --> 00:30:41,840 You think that's fair? 437 00:30:42,374 --> 00:30:44,172 No, I don't. 438 00:30:44,209 --> 00:30:46,371 But I don't give a damn what he thinks. 439 00:30:47,546 --> 00:30:50,015 - That's not what I asked you. - It's not? 440 00:30:51,550 --> 00:30:55,851 What I'm asking is, do you feel it's a fair assessment? 441 00:30:55,887 --> 00:31:00,188 You mean, do I feel responsible for Max getting blown away? 442 00:31:00,225 --> 00:31:03,457 Maybe, if I'd gone home with him, you know? 443 00:31:03,495 --> 00:31:05,623 Maybe he wouldn't have gotten zipped. 444 00:31:07,666 --> 00:31:11,535 Maybe I just should've stepped in front of that bullet myself, right? 445 00:31:24,349 --> 00:31:27,478 No, I don't feel responsible. 446 00:31:28,520 --> 00:31:30,853 I feel incredibly... 447 00:31:32,691 --> 00:31:34,717 angry. 448 00:31:39,364 --> 00:31:41,560 That one of your "seven stages"? 449 00:31:46,037 --> 00:31:48,029 Great. 450 00:31:49,374 --> 00:31:52,003 This is a statement which Detective Logan 451 00:31:52,043 --> 00:31:54,012 gave voluntarily to the investigators 452 00:31:54,045 --> 00:31:55,673 of the Internal Affairs Division. 453 00:31:55,714 --> 00:31:59,207 Please read it over, Mr. McAnally, and advise your client. 454 00:31:59,251 --> 00:32:03,120 Now, Don, where are we going to assign him until this thing is resolved? 455 00:32:03,155 --> 00:32:06,785 Temp desk. Plus he's got some vacation time coming. 456 00:32:08,493 --> 00:32:11,292 You don't expect the lad to sign this right here now, I hope? 457 00:32:11,329 --> 00:32:13,093 He and I have got some conferring to do. 458 00:32:13,131 --> 00:32:15,965 Come on... what am I, the stiff at my own funeral? 459 00:32:16,001 --> 00:32:17,970 "Aw, poor Mike, he looks so lifelike..." 460 00:32:18,003 --> 00:32:19,631 Come on, cool it, Mike. What for? 461 00:32:19,671 --> 00:32:22,266 Everybody's acting like I'm the one that's dead. 462 00:32:23,341 --> 00:32:25,867 "Menacing." 463 00:32:25,911 --> 00:32:28,142 You're charging me with a class B misdemeanor? 464 00:32:28,180 --> 00:32:30,513 We are not charging you with anything yet, 465 00:32:30,549 --> 00:32:33,815 but I do suggest you talk to your captain here 466 00:32:33,852 --> 00:32:37,152 about the odds on your losing your pension and your badge, 467 00:32:37,189 --> 00:32:39,200 and the possibility of a million dollar lawsuit against you 468 00:32:39,224 --> 00:32:41,420 for violating Mr. Magadan's civil rights. 469 00:32:41,460 --> 00:32:44,123 His civil rights?! 470 00:32:45,197 --> 00:32:47,291 What about Max's civil rights? 471 00:32:47,332 --> 00:32:49,927 This is not a case of ends justifying the means. 472 00:32:49,968 --> 00:32:52,494 Of course it is, and you know it. 473 00:32:52,537 --> 00:32:54,233 You know it, because you do 474 00:32:54,272 --> 00:32:56,832 the exact same thing every day of the week. 475 00:32:56,875 --> 00:32:59,003 You threaten to send them away, 476 00:32:59,044 --> 00:33:02,310 or whisper their dirty little secrets to their wives or their bosses. 477 00:33:02,347 --> 00:33:04,063 You threaten to screw up their lives just so 478 00:33:04,087 --> 00:33:05,787 you can get a little information from them. 479 00:33:05,817 --> 00:33:09,686 I didn't do it at gunpoint, Detective. There's a big difference. 480 00:33:13,825 --> 00:33:16,920 Mike, as your PBA attorney, I must advise you not to sign... 481 00:33:16,962 --> 00:33:17,986 Why not? 482 00:33:22,000 --> 00:33:23,992 It's the truth. 483 00:33:33,011 --> 00:33:34,980 Just lucky that this isn't L.A... 484 00:33:35,013 --> 00:33:37,141 Everybody walks around with a video camera. 485 00:33:37,182 --> 00:33:40,584 What's the point? He never physically injured the guy. 486 00:33:40,619 --> 00:33:42,144 The best we can do is menacing. 487 00:33:42,187 --> 00:33:45,487 - It's a B misdemeanor. - For blowing our case?! 488 00:33:45,524 --> 00:33:48,153 I'd bust him for reckless endangerment if I could. 489 00:33:48,193 --> 00:33:50,526 Stone: I thought of that. But his partner was killed. 490 00:33:50,562 --> 00:33:52,656 No jury would convict. 491 00:33:52,697 --> 00:33:56,566 Any chance of arguing the confession wasn't coerced? 492 00:33:56,601 --> 00:34:01,266 - With a gun to his head? - The man is a suspect in a cop killing! 493 00:34:01,306 --> 00:34:04,504 - If Logan saw a gun... - Adam, there was no gun. 494 00:34:04,543 --> 00:34:06,842 There's no nothing. Every piece of evidence, 495 00:34:06,878 --> 00:34:09,279 every statement is tainted by Logan's reckless action. 496 00:34:09,314 --> 00:34:10,805 It's all useless. 497 00:34:15,153 --> 00:34:17,554 A guy kills a cop. Catch him... 498 00:34:17,589 --> 00:34:20,957 and we can't close. Hell of a system. 499 00:34:22,794 --> 00:34:26,925 Talk to Logan. Maybe Magadan said something 500 00:34:26,965 --> 00:34:30,595 before he pulled his little stunt with the .38. 501 00:34:32,170 --> 00:34:35,299 Logan: His father told me where he was. I took him by surprise. 502 00:34:35,340 --> 00:34:37,070 It hasn't changed since yesterday, Paul. 503 00:34:38,276 --> 00:34:40,268 Hey, we're on the same side. 504 00:34:42,781 --> 00:34:47,116 What about the initial investigation? Can we get him on anything else? 505 00:34:50,789 --> 00:34:52,781 Magadan's name never came up. 506 00:34:53,792 --> 00:34:56,990 Look, we got the owner of the company on the ropes. 507 00:34:57,028 --> 00:34:58,758 Anything we can use there? 508 00:35:00,031 --> 00:35:02,660 Morgan Stern was one of the heavies in the copper scam, 509 00:35:02,701 --> 00:35:04,727 but we weren't able to get to him. 510 00:35:06,471 --> 00:35:09,873 We were waiting for Judge Merlis to sign search warrant apps 511 00:35:09,908 --> 00:35:11,900 for half a dozen construction sites. 512 00:35:11,943 --> 00:35:14,344 Are they still unsigned? 513 00:35:14,379 --> 00:35:17,611 Due out the day after Max went down. 514 00:35:19,484 --> 00:35:21,612 You may be a hero after all. 515 00:35:22,821 --> 00:35:24,813 Yeah, right. 516 00:35:27,993 --> 00:35:31,088 We're arguing what if, basically. It's a pretty big if. 517 00:35:31,129 --> 00:35:34,395 No, we're arguing inevitability. The first batch of unsigned search warrants 518 00:35:34,432 --> 00:35:37,027 are very much apropos to the grand jury investigation. 519 00:35:37,068 --> 00:35:40,800 And had they been signed, Cerreta and Logan 520 00:35:40,839 --> 00:35:44,367 could have used the task force warrants to confiscate the gun? 521 00:35:44,409 --> 00:35:48,813 Making any search warrant springing from the coerced confessions unnecessary. 522 00:35:48,847 --> 00:35:51,817 Either way, we would've found the gun. 523 00:35:51,850 --> 00:35:54,479 That's going to take a lot of fast talking. 524 00:35:54,519 --> 00:35:56,818 And we get the calendar against us. 525 00:35:56,855 --> 00:36:00,656 We draw the wrong judge, we're in too deep to tread water. 526 00:36:00,692 --> 00:36:03,423 Then it's sink or swim. 527 00:36:04,462 --> 00:36:06,795 We got a choice? 528 00:36:06,831 --> 00:36:08,697 No. 529 00:36:14,472 --> 00:36:16,566 The gun is the fruit of the coerced confession. 530 00:36:16,608 --> 00:36:18,600 It must be excluded. 531 00:36:18,643 --> 00:36:20,441 Tainted evidence is admissible 532 00:36:20,478 --> 00:36:24,245 if it would inevitably have been found by other police techniques. 533 00:36:24,282 --> 00:36:25,722 And the Fourth Amendment is obsolete? 534 00:36:25,750 --> 00:36:28,447 It is the exception to the exclusionary rule. 535 00:36:28,486 --> 00:36:31,456 Now, the task force applied for a search warrant 536 00:36:31,489 --> 00:36:33,617 during the grand jury investigation of corruption 537 00:36:33,658 --> 00:36:35,684 and before Detective Greevey was murdered. 538 00:36:35,727 --> 00:36:38,526 - It was never signed. - Inevitably, it would have been. 539 00:36:38,563 --> 00:36:42,125 It's very specific, Your Honor. It covers cash, documents and weapons. 540 00:36:42,167 --> 00:36:43,863 No doubt we would have found that gun. 541 00:36:43,902 --> 00:36:46,030 Your Honor, he is "bootstrapping." 542 00:36:46,071 --> 00:36:49,132 His entire evidence string was poisoned by the coerced confession. 543 00:36:49,174 --> 00:36:51,302 Now he's begging for another way in. 544 00:36:51,342 --> 00:36:54,141 Supreme Court's stance on the scope 545 00:36:54,179 --> 00:36:56,614 of warrants is much looser than it's ever been. 546 00:36:56,648 --> 00:36:59,482 Given the recent Fulminante decision... 547 00:37:02,620 --> 00:37:05,089 I'm gonna have to allow the gun into evidence. 548 00:37:05,123 --> 00:37:06,955 - Your Honor! - But... 549 00:37:06,991 --> 00:37:10,758 any reference whatsoever to Mr. Magadan's confession 550 00:37:10,795 --> 00:37:14,425 and I declare a mistrial before Mr. Lambrusco here 551 00:37:14,466 --> 00:37:18,096 even thinks about objecting. Understood? 552 00:37:18,136 --> 00:37:21,129 We found out the gun was located in a trailer 553 00:37:21,172 --> 00:37:24,609 at a construction site on West 51st Street. 554 00:37:24,642 --> 00:37:27,271 - Did you obtain a warrant for the site? - Yes, we did. 555 00:37:27,312 --> 00:37:31,443 And when we arrived we discovered the gun at the specified trailer. 556 00:37:31,483 --> 00:37:33,452 Stone: To whom was the gun registered? 557 00:37:33,485 --> 00:37:36,785 Morgan Stern, the defendant's employer. 558 00:37:36,821 --> 00:37:39,086 The permit limits use of the gun 559 00:37:39,124 --> 00:37:41,150 to the construction site only. 560 00:37:41,192 --> 00:37:43,627 For purposes of security, I presume? 561 00:37:43,661 --> 00:37:47,291 - I would guess. - Thank you. No more questions. 562 00:37:49,000 --> 00:37:53,700 Let's stay with this famous gun, Detective. 563 00:37:53,738 --> 00:37:56,037 Now you testified 564 00:37:56,074 --> 00:37:58,976 that you didn't find it on Mr. Magadan when you arrested him? 565 00:38:00,645 --> 00:38:02,637 That's correct. 566 00:38:02,680 --> 00:38:06,242 Did you recover any weapons at all from Mr. Magadan's person? 567 00:38:06,284 --> 00:38:08,014 No, he was unarmed. 568 00:38:09,387 --> 00:38:13,415 Now, at that moment when you first confronted Mr. Magadan in that alley, 569 00:38:13,458 --> 00:38:17,020 did you consider him to be a witness or a suspect? 570 00:38:23,968 --> 00:38:26,028 He wasn't immediately arrested. 571 00:38:26,070 --> 00:38:28,767 And yet you placed him under arrest 572 00:38:28,807 --> 00:38:31,367 just a few moments later, did you not? 573 00:38:32,710 --> 00:38:34,702 Yes, I did. 574 00:38:44,923 --> 00:38:48,485 I was at the site checking on some invoices. 575 00:38:48,526 --> 00:38:50,893 Danny showed up, he was surprised to see me. 576 00:38:50,929 --> 00:38:53,455 Did he have the gun when he arrived? 577 00:38:53,498 --> 00:38:55,490 It was dark, 578 00:38:55,533 --> 00:38:57,968 but he seemed to be hiding something. 579 00:38:58,002 --> 00:39:00,130 Could you describe what that something was? 580 00:39:00,171 --> 00:39:02,231 It was pretty obvious it was a gun. 581 00:39:02,273 --> 00:39:04,572 Did Mr. Magadan say anything? 582 00:39:04,609 --> 00:39:08,239 He was sweaty, kind of whacked out. 583 00:39:08,279 --> 00:39:11,113 I asked him what was up, he said, "The grand jury thing." 584 00:39:11,149 --> 00:39:14,847 He was terrified that they were going to look into Inspector Janklow's death. 585 00:39:14,886 --> 00:39:16,479 Objection... hearsay! 586 00:39:16,521 --> 00:39:19,081 Statement against penal interest, Your Honor. 587 00:39:19,123 --> 00:39:21,092 Judge: Overruled. 588 00:39:21,125 --> 00:39:23,117 What else did he say? 589 00:39:23,161 --> 00:39:25,653 He said he "took care of our problem" with the grand jury. 590 00:39:25,697 --> 00:39:27,723 Objection, Your Honor, hearsay. 591 00:39:27,765 --> 00:39:29,757 Overruled. Same reason as before. 592 00:39:29,801 --> 00:39:31,702 Stone: Your witness. 593 00:39:32,971 --> 00:39:34,769 So you never actually saw Mr. Magadan 594 00:39:34,806 --> 00:39:36,604 with a weapon that evening, hm? 595 00:39:36,641 --> 00:39:38,769 No, I said I thought it was obvious. 596 00:39:38,810 --> 00:39:40,972 Isn't it true that you were 597 00:39:41,012 --> 00:39:43,948 among the targets of that secret grand jury, Mr. Stern? 598 00:39:43,982 --> 00:39:46,281 - I have no idea. - Oh, no? 599 00:39:46,317 --> 00:39:48,445 Didn't you make a deal with the District Attorney 600 00:39:48,486 --> 00:39:50,614 for immunity against those indictments 601 00:39:50,655 --> 00:39:52,783 if you agreed to testify against Mr. Magadan? 602 00:39:54,158 --> 00:39:55,592 Yeah... yes. 603 00:39:55,627 --> 00:40:00,361 So in other words, before this arrangement with the District Attorney, 604 00:40:00,398 --> 00:40:02,629 you had just as much motive as Mr. Magadan 605 00:40:02,667 --> 00:40:04,966 to keep Detective Greevey from testifying. 606 00:40:05,003 --> 00:40:06,631 I'm not crazy enough to kill a cop. 607 00:40:06,671 --> 00:40:08,970 It was your gun! You had access to it. 608 00:40:09,007 --> 00:40:10,976 You certainly had opportunity. 609 00:40:11,009 --> 00:40:13,478 And by your own testimony, Mr. Magadan said 610 00:40:13,511 --> 00:40:16,481 that he had taken care of "your problem with the grand jury"... 611 00:40:16,514 --> 00:40:17,880 Meaning yours as well as his, 612 00:40:17,916 --> 00:40:20,317 - now isn't that correct? - I didn't kill that guy. 613 00:40:20,351 --> 00:40:22,650 Everybody knows that Danny copped to it. 614 00:40:22,687 --> 00:40:25,521 The cop's partner put a gun in his ear, and he lost his water. 615 00:40:25,556 --> 00:40:28,617 Your Honor, I move for an immediate mistrial. 616 00:40:28,660 --> 00:40:30,424 Your Honor, may we recess? 617 00:40:30,461 --> 00:40:33,556 Court is in recess. 618 00:40:35,199 --> 00:40:37,327 - What's going on here? - It was his question 619 00:40:37,368 --> 00:40:39,146 that elicited the reference to the confession. 620 00:40:39,170 --> 00:40:40,661 And your damn witness! 621 00:40:40,705 --> 00:40:43,436 Are you suggesting he was coached to let it slip out? 622 00:40:43,474 --> 00:40:45,136 What the hell difference does it make now? 623 00:40:45,176 --> 00:40:47,907 Drop the histrionics. Just give me the law. 624 00:40:47,946 --> 00:40:50,279 And make it brief, gentlemen. 625 00:40:55,386 --> 00:40:57,355 What the Supreme Court said recently 626 00:40:57,388 --> 00:40:59,357 in the Fulminante case is to the point. 627 00:40:59,390 --> 00:41:01,256 Yes, the confession is coerced; 628 00:41:01,292 --> 00:41:03,818 yes, the jury heard about it; 629 00:41:03,861 --> 00:41:06,194 no, we needn't throw the case out. 630 00:41:06,230 --> 00:41:10,258 So we all fall back to the Dark Ages because of the Fulminante decision? 631 00:41:10,301 --> 00:41:11,963 What do you suggest? 632 00:41:12,003 --> 00:41:15,405 That we find some guy in Milwaukee with body parts in this freezer 633 00:41:15,440 --> 00:41:18,103 and let him walk because some cop got too rough with him? 634 00:41:18,142 --> 00:41:20,737 That is hardly pertinent, Ben, and you know it. 635 00:41:20,778 --> 00:41:23,543 The hell it isn't! The Supreme Court's decision is based 636 00:41:23,581 --> 00:41:27,677 on the belief that the jury can be instructed to disregard certain remarks. 637 00:41:27,719 --> 00:41:30,120 You warned him yourself, Judge... 638 00:41:30,154 --> 00:41:32,988 "One mention of the confession and I'll throw the case out." 639 00:41:33,024 --> 00:41:34,515 And that was directed to both of us. 640 00:41:34,559 --> 00:41:38,291 I know what I said, gentlemen. 641 00:41:38,329 --> 00:41:41,163 And I am familiar with the law. 642 00:41:41,199 --> 00:41:42,997 That's enough for today. 643 00:41:43,034 --> 00:41:45,526 I'll have a decision tomorrow morning. 644 00:41:48,039 --> 00:41:50,338 Judge: I've made my ruling, Counselor. 645 00:41:50,375 --> 00:41:53,937 You're guaranteeing a conviction. Why bother... 646 00:41:53,978 --> 00:41:55,970 Why bother following the guidelines 647 00:41:56,014 --> 00:41:58,506 of the Supreme Court of the United States, Mr. Lambrusco? 648 00:41:58,549 --> 00:42:03,487 Those guidelines violate my client's right against self-incrimination. 649 00:42:03,521 --> 00:42:07,720 Last year's "automatic mistrial" is this year's "harmless error." 650 00:42:07,759 --> 00:42:11,526 The Supreme Court has spoken, Mr. Lambrusco. 651 00:42:12,663 --> 00:42:14,495 Now, it's the law of the land. 652 00:42:14,532 --> 00:42:17,297 Bottom line, Counselor... 653 00:42:17,335 --> 00:42:21,466 In addition to whatever else the prosecution can prove, 654 00:42:21,506 --> 00:42:24,135 your client is guilty of bad timing. 655 00:42:25,610 --> 00:42:28,170 Defense motion for a mistrial is denied. 656 00:42:28,212 --> 00:42:29,790 Thank you, Your Honor. 657 00:42:29,814 --> 00:42:34,275 Give me 10 minutes, then bring in the jury. 658 00:42:34,318 --> 00:42:37,652 Stone: The world in which Daniel Magadan Jr. lives 659 00:42:37,688 --> 00:42:39,782 has a very simple set of rules... 660 00:42:39,824 --> 00:42:42,817 "You buy three truckloads of cement, 661 00:42:42,860 --> 00:42:44,886 you pay for two. 662 00:42:44,929 --> 00:42:48,263 An honest building inspector discovers your pattern 663 00:42:48,299 --> 00:42:51,133 of extortion and illegal payoffs, 664 00:42:51,169 --> 00:42:55,607 you toss him 60 stories onto 48th Street. 665 00:42:56,874 --> 00:42:59,343 A police officer testifies against you, 666 00:42:59,377 --> 00:43:01,346 you put three bullets in him." 667 00:43:03,815 --> 00:43:05,613 The law has a set of rules, too. 668 00:43:05,650 --> 00:43:09,280 Not simple, but ultimately unequivocal... 669 00:43:09,320 --> 00:43:13,587 "You kill a cop, you go to jail. 670 00:43:13,624 --> 00:43:15,957 You don't get out." 671 00:43:17,662 --> 00:43:20,291 Bailiff: All rise, the Court of the Judge Manual Leon 672 00:43:20,331 --> 00:43:21,993 is now in session. 673 00:43:25,336 --> 00:43:27,202 Be seated. 674 00:43:29,640 --> 00:43:33,270 Technically, Mr. Magadan... 675 00:43:33,311 --> 00:43:36,145 you have been found guilty of murder in the first degree, 676 00:43:36,180 --> 00:43:38,411 which is reserved for the killing 677 00:43:38,449 --> 00:43:40,281 of a police officer in the line of duty. 678 00:43:40,318 --> 00:43:43,846 The death penalty having been held unconstitutional 679 00:43:43,888 --> 00:43:45,914 by our court of appeals in Albany, 680 00:43:45,957 --> 00:43:48,756 renders me powerless to sentence you 681 00:43:48,793 --> 00:43:51,854 to the punishment you so richly deserve. 682 00:43:51,896 --> 00:43:54,491 The Court therefore sentences you 683 00:43:54,532 --> 00:43:59,163 to a term of 25 years to life imprisonment. 684 00:44:01,038 --> 00:44:03,701 The People have recommended the severest limitation 685 00:44:03,741 --> 00:44:06,540 for any possibility of parole. 686 00:44:08,646 --> 00:44:10,911 And I see no reason to disagree. 687 00:44:16,187 --> 00:44:19,180 Maybe life wasn't enough of a sentence. 688 00:44:21,159 --> 00:44:23,526 It's what the law allows. 689 00:44:23,561 --> 00:44:25,553 I can live with it. 690 00:44:29,667 --> 00:44:32,398 I know I went over the line. 691 00:44:33,838 --> 00:44:36,330 I was down on myself for a while, 692 00:44:37,008 --> 00:44:39,534 even though I... you know, I tried to rationalize it. 693 00:44:45,016 --> 00:44:47,508 I have to find a way... 694 00:44:47,552 --> 00:44:50,044 to forgive myself. 695 00:44:51,355 --> 00:44:54,792 Acceptance, Logan. That's the... 696 00:44:54,825 --> 00:44:59,092 Yeah... that's the last stage, right? 697 00:45:07,138 --> 00:45:09,334 Max is dead. 698 00:45:10,808 --> 00:45:13,004 I accept it. 699 00:45:14,145 --> 00:45:16,979 But I'll never accept it, you know?55049

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