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Narrator: In the criminal justice
system, the people are represented
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00:00:04,271 --> 00:00:06,763
by two separate, yet
equally important groups...
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00:00:06,807 --> 00:00:08,673
The police who
investigate crime,
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00:00:08,709 --> 00:00:11,338
and the district attorneys
who prosecute the offenders.
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00:00:11,378 --> 00:00:13,540
These are their stories.
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00:00:15,282 --> 00:00:18,218
Can't you hold it? No, I can't.
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00:00:18,252 --> 00:00:20,016
Why the hell not?
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00:00:20,053 --> 00:00:22,181
See, you're just like my wife...
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00:00:22,222 --> 00:00:24,521
When we go to Jones
Beach with the kids,
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00:00:24,558 --> 00:00:26,857
she stops six
times along the way.
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00:00:26,894 --> 00:00:29,921
So I tell her,
"Put a cork in it."
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00:00:29,963 --> 00:00:32,865
She says, "No, no,
pull over. I have to go."
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00:00:32,900 --> 00:00:34,698
Maybe if you had
put a cork in it,
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00:00:34,735 --> 00:00:37,603
she wouldn't have had six
kids and ruined her plumbing.
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00:00:37,638 --> 00:00:40,617
- Man: What are you talking about?
- Woman: What do you mean,
what am I talking about?
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00:00:40,641 --> 00:00:42,865
Man: What's the matter?!
Why are you doing this?
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00:00:42,889 --> 00:00:44,237
Why don't you think about...
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00:00:45,412 --> 00:00:48,348
- Woman: Stop yelling at me.
- I don't mean to yell at you.
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00:00:48,382 --> 00:00:50,942
Will you do me a favor
and get me a cruller?
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00:00:54,454 --> 00:00:56,047
I have no idea
why you're so upset.
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00:00:56,089 --> 00:00:59,685
Come out this minute.
Come out! Mind me!
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00:00:59,726 --> 00:01:02,491
Hey, sister, got
some spare change?
23
00:01:07,701 --> 00:01:09,829
Can I get a cruller
and a coffee, regular?
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00:01:17,578 --> 00:01:19,740
That'll be a buck and a quarter.
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00:01:33,026 --> 00:01:34,824
Your change.
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00:01:39,099 --> 00:01:42,345
- Streetwalker: Keep yourhands inside the police car.
- Cop: I never moved my hands.
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00:01:42,369 --> 00:01:45,737
Keep your hands on
the wheel. All right.
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Woman: I don't think we can
start all over again, Nathan.
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00:01:52,045 --> 00:01:54,708
Let's do it! Let's just do it!
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00:01:54,748 --> 00:01:57,445
- You and I, we'll do it tonight.
- Oh God, stop bugging me!
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00:01:57,484 --> 00:02:00,044
"Bugging you"?! Is
that what you call this?
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00:02:00,087 --> 00:02:02,556
Mimi!
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00:02:06,893 --> 00:02:08,794
No bag.
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00:02:15,669 --> 00:02:17,467
Nathan?
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Aw, damn it!
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00:02:19,306 --> 00:02:21,036
Nathan!
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00:02:28,882 --> 00:02:31,249
Oh my... Help! Help!
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00:02:31,284 --> 00:02:32,912
Help!
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00:02:34,388 --> 00:02:37,552
Dispatcher: Assistance
requested at 74th and Columbus.
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00:02:37,591 --> 00:02:40,117
10-4, Central.
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00:02:43,697 --> 00:02:45,632
Mimi: Help! Help me here!
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00:02:45,666 --> 00:02:48,500
Help! Help me!
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00:02:48,535 --> 00:02:51,403
- Mimi: Help! Help!
- Police, out of the way. Move!
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00:02:51,438 --> 00:02:53,703
Police! Out of the way.
Move it, move it, move it!
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00:02:53,740 --> 00:02:56,152
It's okay, you're gonna be all
right. You're gonna be all right.
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00:02:56,176 --> 00:02:58,475
It's okay, honey.
You're gonna be all right.
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00:02:58,512 --> 00:03:00,504
Just you hang in
there. You hang in there.
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00:04:21,928 --> 00:04:23,920
Woman: And night before last,
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00:04:23,964 --> 00:04:26,058
there was a naked
man with a crossbow
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00:04:26,099 --> 00:04:28,659
running up and down
West 74th Street.
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00:04:28,702 --> 00:04:31,262
Where did he keep the arrows?
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00:04:31,304 --> 00:04:34,297
How come every freak in
the country lives in New York?
53
00:04:34,341 --> 00:04:37,573
Why don't some of you
people move to Nebraska?
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00:04:37,611 --> 00:04:40,656
I'm from Nebraska, sweetie.
How do you think I got this way?
55
00:04:40,680 --> 00:04:44,811
All right, did anybody see the actual
stabbing... the one we're talking about?
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00:04:47,120 --> 00:04:48,884
Let's get some names.
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00:04:49,890 --> 00:04:54,954
Elsie Hatch, 186 West 74.
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00:04:56,329 --> 00:05:00,699
Sal Violet... V-i-o-I-e-t.
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00:05:00,734 --> 00:05:03,761
The Hampstead, room 1220.
60
00:05:06,273 --> 00:05:08,504
Murdoch.
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00:05:08,542 --> 00:05:11,569
- Address?
- Sal: The Sherry Netherland...
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00:05:11,611 --> 00:05:14,206
A little pied-à-terre for
those gala dumpster parties.
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00:05:14,247 --> 00:05:16,978
Riverside Park in
the 80s. I got to go.
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00:05:17,017 --> 00:05:18,781
Hey, hey, hey, hey!
65
00:05:18,819 --> 00:05:21,186
- I didn't see anything.
- Cerreta: Of course not.
66
00:05:21,221 --> 00:05:24,157
- Was she the one in the box?
- I didn't see anybody in the box.
67
00:05:24,191 --> 00:05:27,525
Okay, but you all did see
Mr. Robbins fall to the ground?
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00:05:29,629 --> 00:05:31,860
You were all standing there.
69
00:05:34,000 --> 00:05:38,461
- There was a guy...
- Fine, describe him.
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00:05:38,505 --> 00:05:42,101
- 5'10"...
- Uh-uh, 6'2", at least.
71
00:05:42,142 --> 00:05:44,134
Logan: Ma'am.
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00:05:44,177 --> 00:05:47,545
A man went running away...
He was well over six feet.
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00:05:47,581 --> 00:05:49,209
What was he wearing?
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00:05:49,249 --> 00:05:52,742
Wearing a red parka...
A greasy red parka.
75
00:05:52,786 --> 00:05:55,415
A parka? I'm sitting here,
I'm sweating like a pig
76
00:05:55,455 --> 00:05:57,890
and you're telling me this
guy was in a ski parka?
77
00:05:57,924 --> 00:06:00,223
No, no, no, no... He
was wearing overalls.
78
00:06:00,260 --> 00:06:03,424
I've seen this slob before
sleeping in cardboard boxes.
79
00:06:03,463 --> 00:06:07,332
- Ms. Murdoch?
- It happened too fast.
80
00:06:07,367 --> 00:06:10,269
- Did you get a look
at the man in the box?
- I need new glasses.
81
00:06:10,303 --> 00:06:13,205
They told me at Social Services I
could get some, but they never...
82
00:06:13,240 --> 00:06:15,471
I saw a red parka...
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00:06:15,508 --> 00:06:18,239
with a torn pocket.
84
00:06:18,278 --> 00:06:21,339
Okay, the red parka... huh?
85
00:06:21,381 --> 00:06:23,247
Was he in the box?
86
00:06:23,283 --> 00:06:25,912
No... running away.
87
00:06:25,952 --> 00:06:27,580
Oh, man.
88
00:06:27,621 --> 00:06:31,114
I just talked to the people
in ER... the kid was DOA.
89
00:06:35,662 --> 00:06:38,461
Isn't it funny how
three bystanders
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00:06:38,498 --> 00:06:40,899
fail to notice a stabbing
right under their noses?
91
00:06:40,934 --> 00:06:43,699
Where was the
girlfriend during all this?
92
00:06:43,737 --> 00:06:46,730
She was inside the coffee shop,
or just coming out, whatever.
93
00:06:46,773 --> 00:06:48,901
Everything everyone
saw is contradictory.
94
00:06:48,942 --> 00:06:51,104
Okay, there was
a lover's quarrel...
95
00:06:51,144 --> 00:06:53,409
But she shivs him in
front of three witnesses?
96
00:06:53,446 --> 00:06:55,142
Oh, well, they were
"great" witnesses.
97
00:06:55,181 --> 00:06:58,345
Crime of passion could explain
why he still had that wallet on him.
98
00:06:58,385 --> 00:06:59,553
Or a botched robbery.
99
00:06:59,577 --> 00:07:02,220
Forget the girlfriend.
Let's say it was a mugger.
100
00:07:02,255 --> 00:07:04,622
He got scared off before
he could get to the money.
101
00:07:04,658 --> 00:07:07,321
Or maybe he just got mad
because somebody kicked his box.
102
00:07:07,360 --> 00:07:09,522
- Well, wouldn't you?
- Don't you kick my box.
103
00:07:09,562 --> 00:07:11,895
Let's go find out if
that girl's recovered.
104
00:07:16,569 --> 00:07:19,801
All right, Mimi, you
were in the coffee shop,
105
00:07:19,839 --> 00:07:23,332
then you came out... What's
the first thing you saw?
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00:07:23,376 --> 00:07:25,436
I don't know, I don't remember.
107
00:07:25,478 --> 00:07:27,413
Did you see the guy in the box?
108
00:07:27,447 --> 00:07:29,439
Mimi: No.
109
00:07:29,482 --> 00:07:31,713
Did you see a
man in a red jacket?
110
00:07:33,353 --> 00:07:35,845
All I saw were Nathan's feet...
111
00:07:35,889 --> 00:07:38,449
His legs sticking out
from under that box.
112
00:07:41,261 --> 00:07:43,787
What were you and
Nathan arguing about?
113
00:07:43,830 --> 00:07:46,163
We weren't arguing.
114
00:07:46,199 --> 00:07:48,794
We... we never fought...
115
00:07:48,835 --> 00:07:50,861
hardly ever.
116
00:07:53,239 --> 00:07:55,333
We were just having
a discussion, okay?
117
00:07:55,375 --> 00:07:58,470
Okay. What were you discussing?
118
00:08:00,380 --> 00:08:02,349
It was private.
119
00:08:02,382 --> 00:08:08,117
Ms. Sternhagen, I know it's a
very rough time for you right now,
120
00:08:08,154 --> 00:08:11,386
but this is a homicide
investigation,
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00:08:11,424 --> 00:08:15,623
and from here on, very
few things will be private.
122
00:08:15,662 --> 00:08:17,722
Well, we weren't fighting.
123
00:08:17,764 --> 00:08:20,632
You were... animated?
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00:08:20,667 --> 00:08:22,226
Maybe.
125
00:08:22,268 --> 00:08:24,032
All right, all right.
126
00:08:24,070 --> 00:08:26,335
About anything in particular?
127
00:08:26,373 --> 00:08:28,433
Um...
128
00:08:29,909 --> 00:08:33,368
well, we were at a party, and
we were both kind of bombed.
129
00:08:35,081 --> 00:08:39,781
I just... I didn't want to
be proposed to like that.
130
00:08:41,921 --> 00:08:44,390
I always thought it would be...
131
00:08:44,424 --> 00:08:47,952
on a boat sailing to
Paris or something,
132
00:08:47,994 --> 00:08:50,828
not him waving a ring around,
133
00:08:50,864 --> 00:08:53,265
going, "Let's
do it! Let's do it!"
134
00:08:54,401 --> 00:08:56,370
Then what happened?
135
00:08:59,806 --> 00:09:02,708
I walked into the coffee shop,
136
00:09:02,742 --> 00:09:04,973
I walked out,
137
00:09:05,011 --> 00:09:06,877
Nathan was gone.
138
00:09:06,913 --> 00:09:08,814
Mimi, the ring...
139
00:09:08,848 --> 00:09:10,749
The one he's waving,
what happened to it?
140
00:09:10,784 --> 00:09:12,753
I don't know.
141
00:09:19,826 --> 00:09:21,727
Did you ever see
him with a knife?
142
00:09:21,761 --> 00:09:25,163
If I say "yes," does that get him
out of my doorway permanently?
143
00:09:25,198 --> 00:09:28,032
Hey, listen, you help us,
we'll help you, all right?
144
00:09:28,068 --> 00:09:29,764
Tony, take this.
145
00:09:30,804 --> 00:09:32,670
Look, the guy is crazy...
146
00:09:32,705 --> 00:09:35,698
He thinks everybody
he sees is a KGB agent.
147
00:09:35,742 --> 00:09:38,302
I told him the Cold
War was over... kaput.
148
00:09:38,344 --> 00:09:42,145
So he thinks I'm the KGB
agent trying to fake him out.
149
00:09:42,182 --> 00:09:45,084
- The knife?
- I never saw a knife.
150
00:09:45,118 --> 00:09:48,611
- Okay, describe him.
- 5'10", crewcut.
151
00:09:48,655 --> 00:09:50,783
That makes it a
lot easier. Color?
152
00:09:50,824 --> 00:09:52,816
- Man: Yellow.
- What do you mean, "yellow"?
153
00:09:52,859 --> 00:09:54,919
- Like Chinese?
- Like jaundice.
154
00:09:54,961 --> 00:09:58,796
A lot of these street people have
hepatitis and God knows what else.
155
00:09:58,832 --> 00:10:00,767
Does he usually
wear a red parka?
156
00:10:00,800 --> 00:10:03,463
No, overalls.
157
00:10:05,071 --> 00:10:07,472
You have any idea where
else he might hang out?
158
00:10:09,109 --> 00:10:11,101
Actually, he told me one time
159
00:10:11,144 --> 00:10:13,704
I should "stay away from
the lake in Central Park."
160
00:10:14,848 --> 00:10:17,249
- Did he say why?
- Yeah...
161
00:10:17,283 --> 00:10:20,583
It's CIA headquarters
in New York.
162
00:10:20,620 --> 00:10:23,522
"Lemonhead." Got to be.
163
00:10:23,556 --> 00:10:27,755
- Because his head looks like a lemon.
- Mm-hmm. Does he have a last name?
164
00:10:28,695 --> 00:10:31,187
Yeah, T... Tyler.
No, no... Taters.
165
00:10:31,231 --> 00:10:32,859
What? Taters.
166
00:10:32,899 --> 00:10:34,629
- "Lemonhead Taters"?
- Mm-hmm.
167
00:10:34,667 --> 00:10:37,102
Tatum, Christian Tatum.
168
00:10:37,137 --> 00:10:39,504
Drinking scotch. That's right.
169
00:10:39,539 --> 00:10:42,509
This doesn't look like the
"scotch and soda crowd" to me.
170
00:10:44,377 --> 00:10:47,643
Yeah, yeah, not too many social
drinkers sleeping in the park.
171
00:10:47,680 --> 00:10:50,309
That's right. Son of a bitch
wouldn't pass it around.
172
00:10:50,350 --> 00:10:53,184
Is he selfish? He
got up in my face.
173
00:10:53,219 --> 00:10:55,017
He said he'd killed
one guy already,
174
00:10:55,054 --> 00:10:58,491
and he'd do me too, if I didn't
get my hands off of his booze.
175
00:10:58,525 --> 00:11:01,017
- That's right.
- You think he did...
176
00:11:01,060 --> 00:11:02,892
Kill a guy?
177
00:11:02,929 --> 00:11:07,629
Last week he said he cut the
privates off somebody from the CIA.
178
00:11:07,667 --> 00:11:09,226
Mm-hmm.
179
00:11:09,269 --> 00:11:11,135
You have any idea
where he is now?
180
00:11:11,171 --> 00:11:13,902
He had a meeting
with... What's-his-name?
181
00:11:13,940 --> 00:11:15,636
William Casey.
182
00:11:15,675 --> 00:11:19,373
Down at the Dunsmore Arms.
183
00:11:24,083 --> 00:11:25,711
Man: You got a cigarette?
184
00:11:29,522 --> 00:11:31,514
What can I do for you?
185
00:11:32,992 --> 00:11:35,894
- Cerreta: Do you know a guy
by the name of Christian Tatum?
- Yeah.
186
00:11:35,929 --> 00:11:38,194
Would you mind
pointing him out to us?
187
00:11:38,231 --> 00:11:40,166
He's not there.
188
00:11:40,200 --> 00:11:41,998
Try room 40.
189
00:12:00,019 --> 00:12:02,853
Mr. Tatum?
190
00:12:02,889 --> 00:12:05,791
"Lemonhead"... we have
a warrant for your arrest.
191
00:12:12,932 --> 00:12:15,265
Logan: Well, no Lemonhead.
192
00:12:17,170 --> 00:12:19,833
But we got a red jacket.
193
00:12:19,872 --> 00:12:22,865
Torn pocket? Yep.
194
00:12:28,815 --> 00:12:30,579
Cerreta: Hey! Hey!
195
00:12:35,555 --> 00:12:39,322
Are you Christian Tatum?
Answer me, yes or no?
196
00:12:39,359 --> 00:12:41,225
Yep.
197
00:12:41,261 --> 00:12:44,425
You have the right to remain silent
and refuse to answer any questions.
198
00:12:44,464 --> 00:12:46,194
Do you understand that?
199
00:12:46,232 --> 00:12:49,430
♪ Oh, the monkey wrapped
his tail around the flagpole ♪
200
00:12:49,469 --> 00:12:51,529
♪ 'Round the flagpole... ♪
201
00:12:52,739 --> 00:12:54,332
Take your time.
202
00:12:54,374 --> 00:12:57,037
I want the good-looking
one... Bachelor number two.
203
00:13:01,214 --> 00:13:03,547
Number two, step
forward, please.
204
00:13:07,320 --> 00:13:09,186
A romantic weekend in Miami,
205
00:13:09,222 --> 00:13:11,123
all expenses paid...
206
00:13:11,157 --> 00:13:13,149
Get her the hell out of here!
207
00:13:15,461 --> 00:13:17,794
Number two, step back.
208
00:13:20,300 --> 00:13:22,599
Number four, step back.
209
00:13:22,635 --> 00:13:25,366
Earth to number four, step back.
210
00:13:26,506 --> 00:13:28,134
Step back.
211
00:13:28,174 --> 00:13:29,802
For the record,
I'd like it noted
212
00:13:29,842 --> 00:13:32,311
that your witness isn't
exactly grounded either.
213
00:13:32,345 --> 00:13:34,610
Logan: So noted, Ms. Fahey.
214
00:13:36,716 --> 00:13:38,708
All right, Sal.
215
00:13:38,751 --> 00:13:42,119
Could you have them turn around?
216
00:13:48,661 --> 00:13:51,825
Turn around and face the rear.
217
00:13:57,170 --> 00:13:59,435
Number three.
218
00:14:00,440 --> 00:14:02,807
I never forget a nice behind.
219
00:14:02,842 --> 00:14:06,176
Was he or was he not in
the vicinity of the stabbing?
220
00:14:06,212 --> 00:14:09,307
- Well, no, but I...
- Next!
221
00:14:11,617 --> 00:14:13,779
Okay, you can face forward.
222
00:14:27,633 --> 00:14:29,864
No.
223
00:14:29,902 --> 00:14:32,201
Are you sure?
224
00:14:33,206 --> 00:14:35,573
Absolutely.
225
00:14:36,376 --> 00:14:40,108
The one you saw running
away, the one in the red parka?
226
00:14:40,146 --> 00:14:42,741
He's not there.
227
00:14:44,717 --> 00:14:46,982
Although...
228
00:14:47,019 --> 00:14:49,011
Cerreta: Yes?
229
00:14:51,324 --> 00:14:53,725
Number four.
230
00:14:57,563 --> 00:14:59,725
He was there, too.
231
00:14:59,766 --> 00:15:02,292
"Too"?
232
00:15:02,335 --> 00:15:05,032
Two guys... two different guys!
233
00:15:05,071 --> 00:15:07,370
Yeah. Damn!
234
00:15:11,177 --> 00:15:13,669
What can you tell
us about the ring?
235
00:15:15,114 --> 00:15:17,640
When is Mr. Rehnquist
getting here?
236
00:15:17,683 --> 00:15:21,984
Listen, he's caught up
in a Supreme Court thing.
237
00:15:22,021 --> 00:15:23,683
Hang tight.
238
00:15:26,592 --> 00:15:28,322
Ms. Fahey.
239
00:15:28,361 --> 00:15:30,990
Crosstown traffic. I'm sorry.
240
00:15:31,030 --> 00:15:33,932
We were just about to extract
a confession from your client.
241
00:15:33,966 --> 00:15:36,595
Extract this, Logan.
242
00:15:38,204 --> 00:15:40,298
Ms. Fahey's a hell of a lawyer.
243
00:15:40,339 --> 00:15:43,138
You don't have to say
anything you don't want to.
244
00:15:43,176 --> 00:15:45,168
Don't worry, he hasn't.
245
00:15:46,279 --> 00:15:49,078
All right, all right, Christian,
246
00:15:49,115 --> 00:15:51,380
your attorney is here now...
247
00:15:51,417 --> 00:15:53,181
So, what about it, hmm?
248
00:15:53,219 --> 00:15:55,347
Hmm?
249
00:15:57,023 --> 00:16:00,551
It was in your
jacket... The ring.
250
00:16:12,872 --> 00:16:15,103
Not my jacket.
251
00:16:15,141 --> 00:16:17,474
You were wearing it.
252
00:16:17,510 --> 00:16:20,309
James put it over me.
253
00:16:20,346 --> 00:16:22,577
Would you explain that?
254
00:16:25,117 --> 00:16:27,416
I was safeguarding it...
255
00:16:28,921 --> 00:16:30,913
till I saw him again.
256
00:16:31,891 --> 00:16:33,883
Okay.
257
00:16:33,926 --> 00:16:36,191
You told your friends in
the park you stabbed a man.
258
00:16:36,229 --> 00:16:38,460
Was James in on that?
259
00:16:38,498 --> 00:16:41,161
You should know.
260
00:16:43,169 --> 00:16:47,072
But... I don't know.
261
00:16:51,143 --> 00:16:53,635
I didn't stab anybody.
262
00:16:53,679 --> 00:16:56,046
James did.
263
00:16:56,082 --> 00:16:58,574
But I helped him.
264
00:17:05,424 --> 00:17:07,416
How?
265
00:17:09,462 --> 00:17:11,931
I was the lookout.
266
00:17:18,671 --> 00:17:21,539
In your box.
267
00:17:21,574 --> 00:17:24,601
In my box.
268
00:17:29,615 --> 00:17:32,050
- Problem?
- Maybe.
269
00:17:32,084 --> 00:17:34,849
Look, this "other guy" theory...
270
00:17:34,887 --> 00:17:37,516
I thought that was solid, based
on the old lady with the dog.
271
00:17:37,557 --> 00:17:39,389
Cerreta: Yeah, Ms. Hatch.
272
00:17:39,425 --> 00:17:41,758
But the second guy,
coming from Lemonhead...
273
00:17:41,794 --> 00:17:44,161
It sounds like a kid's
imaginary playmate.
274
00:17:44,196 --> 00:17:47,462
You know... "My friend James who
lives in the park"? Or outer space.
275
00:17:47,500 --> 00:17:52,097
Well, see if you can find out
whether "friend James" is real or not.
276
00:17:52,138 --> 00:17:55,074
If that doesn't
work, call Dr. Olivet.
277
00:17:56,609 --> 00:17:59,204
I didn't stab anybody.
278
00:18:01,113 --> 00:18:04,106
Well, you told your
friends in the park you did.
279
00:18:05,618 --> 00:18:07,610
That's for protection.
280
00:18:07,653 --> 00:18:09,178
Oh.
281
00:18:09,221 --> 00:18:11,087
You mean, you made it up?
282
00:18:12,725 --> 00:18:15,695
Anything's possible.
283
00:18:18,064 --> 00:18:22,229
What about that
CIA agent last week...
284
00:18:22,268 --> 00:18:24,999
You told your friends
that you chopped off his...
285
00:18:25,037 --> 00:18:26,835
Stop that!
286
00:18:26,872 --> 00:18:29,205
Sorry.
287
00:18:33,879 --> 00:18:36,610
I've killed lots of people.
288
00:18:36,649 --> 00:18:38,811
Including Nathan Robbins?
289
00:18:54,667 --> 00:18:57,694
Word out is there's a reward.
290
00:18:59,705 --> 00:19:02,140
I wouldn't know about that.
291
00:19:03,309 --> 00:19:06,006
You in a position to claim it?
292
00:19:07,013 --> 00:19:10,142
♪ Maybe yes, maybe no... ♪
293
00:19:10,182 --> 00:19:13,084
♪ Anything is possible. ♪
294
00:19:14,854 --> 00:19:17,050
I know you don't
want to hear this,
295
00:19:17,089 --> 00:19:19,320
but I don't believe
he stabbed Robbins.
296
00:19:19,358 --> 00:19:21,850
Cerreta: You think
he's capable of it?
297
00:19:21,894 --> 00:19:26,696
He told me he's killed 17
people, "give or take a few."
298
00:19:26,732 --> 00:19:29,463
Well, so he exaggerates.
299
00:19:29,502 --> 00:19:31,198
He's delusional.
300
00:19:31,237 --> 00:19:33,502
He sees and hears
things that aren't there.
301
00:19:33,539 --> 00:19:35,633
He remembers things
that never happened.
302
00:19:35,675 --> 00:19:37,541
What about all the
stuff with the red parka
303
00:19:37,576 --> 00:19:39,238
and the imaginary homeboy?
304
00:19:39,278 --> 00:19:41,270
That sounds on the level.
305
00:19:41,313 --> 00:19:43,839
The way he described
wearing that red jacket, it's...
306
00:19:43,883 --> 00:19:46,409
It's like a badge
of honor with him.
307
00:19:47,853 --> 00:19:50,322
There is honor among
these people, you know.
308
00:19:50,356 --> 00:19:52,951
Cragen: Fine,
great, I'll accept that.
309
00:19:52,992 --> 00:19:56,588
So what happened
is he's a psychopath,
310
00:19:56,629 --> 00:19:59,895
and he thought Robbins was attacking
him when he started kicking his box.
311
00:19:59,932 --> 00:20:02,026
So he comes out,
flies into a rage...
312
00:20:02,068 --> 00:20:05,004
He's psychotic. He's
not psychopathic.
313
00:20:05,037 --> 00:20:06,665
What's the difference?
314
00:20:06,706 --> 00:20:09,972
"Psychotic" is when you believe
the doorman was sent from Planet X
315
00:20:10,009 --> 00:20:12,478
to put mind control
devices in your teeth.
316
00:20:12,511 --> 00:20:15,242
"Psychopathic" is when
you blow the doorman away
317
00:20:15,281 --> 00:20:17,750
and take out 20 other
people while you're at it.
318
00:20:17,783 --> 00:20:20,082
Now, come on, you guys.
319
00:20:20,119 --> 00:20:22,588
You're making me late.
320
00:20:23,155 --> 00:20:26,148
And remember, in
a moment of lucidity,
321
00:20:26,192 --> 00:20:30,186
he told me James lives under
a big tree near the bridle path.
322
00:20:37,069 --> 00:20:40,130
And then she said, she
said, "What about Tuesday?"
323
00:20:40,172 --> 00:20:43,870
And then she said you
said, "What about Tuesday?"
324
00:20:43,909 --> 00:20:46,208
And then she said she said...
325
00:20:51,283 --> 00:20:53,343
"Security in section three,
326
00:20:53,385 --> 00:20:56,787
row 12..."
327
00:20:56,822 --> 00:20:59,553
I want the reward.
328
00:20:59,592 --> 00:21:02,027
I thought this guy
James was your friend?
329
00:21:03,562 --> 00:21:05,554
I'm flexible.
330
00:21:05,598 --> 00:21:07,533
Crazy, but not stupid.
331
00:21:07,566 --> 00:21:11,196
Okay, listen, you
help us find James,
332
00:21:11,237 --> 00:21:14,002
and he's guilty, you'll get
your reward, okay? How's that?
333
00:21:39,565 --> 00:21:42,194
Cerreta: Well, somebody
lives here. Maybe you?
334
00:21:42,234 --> 00:21:45,500
James. I told you.
335
00:21:50,075 --> 00:21:51,737
Aghh!
336
00:22:02,087 --> 00:22:05,023
Uh-uh-uh.
337
00:22:06,125 --> 00:22:08,287
Social Services ID.
338
00:22:08,327 --> 00:22:10,523
"James Joseph Polesky."
339
00:22:12,598 --> 00:22:14,829
Good.
340
00:22:16,836 --> 00:22:21,171
He's got 28 bucks in a savings
account at Manufacturers Hanover.
341
00:22:22,274 --> 00:22:26,211
Well, well, well.
What have we here?
342
00:22:29,181 --> 00:22:31,241
It's a match.
343
00:22:31,283 --> 00:22:33,081
Blood on the handle is B-neg,
344
00:22:33,118 --> 00:22:35,314
chest hair, hair
samples match Robbins'.
345
00:22:35,354 --> 00:22:38,256
The size of the
wound is consistent.
346
00:22:38,290 --> 00:22:42,125
- That's all?
- Would Polesky's prints be overkill?
347
00:22:44,797 --> 00:22:47,892
Cerreta: Now, one thing
I'm not really clear on...
348
00:22:47,933 --> 00:22:50,528
Christian?
349
00:22:50,569 --> 00:22:52,367
If this was a robbery,
350
00:22:52,404 --> 00:22:55,636
then how come your friend James
didn't take Mr. Robbins' wallet?
351
00:22:58,477 --> 00:23:01,140
He didn't see the
wallet, he saw the ring.
352
00:23:02,915 --> 00:23:04,941
If only he'd given
James what he wanted,
353
00:23:04,984 --> 00:23:06,782
then everything
would have been fine.
354
00:23:06,819 --> 00:23:09,653
Cerreta: But he didn't do
that, huh? He held onto it.
355
00:23:11,357 --> 00:23:13,189
And then...?
356
00:23:14,493 --> 00:23:16,792
And then James stabbed him.
357
00:23:18,364 --> 00:23:19,923
Th-thhk!
358
00:23:22,301 --> 00:23:24,361
Is that a "yes"?
359
00:23:27,539 --> 00:23:29,770
Fahey: Christian...
360
00:23:32,778 --> 00:23:34,576
Yes, yes, yes!
361
00:23:36,949 --> 00:23:41,114
Ahem... I think... I'm
gonna get an arrest warrant.
362
00:23:46,792 --> 00:23:48,852
Cerreta: James J. Polesky?
363
00:23:48,894 --> 00:23:50,988
- Man: What's going on?
- Cop #1: I got him!
364
00:23:51,030 --> 00:23:52,658
Logan: Phil? Yeah.
365
00:23:52,698 --> 00:23:54,394
You see him? Yeah.
366
00:23:54,433 --> 00:23:57,562
- Cerreta: There he is!
- Cop #2: There he goes! There he goes!
367
00:23:57,603 --> 00:23:59,435
- Cop #2: There he is!
- Woman: Guys?
368
00:23:59,471 --> 00:24:02,839
Logan: You ain't going anywhere!
Get your hand behind you.
369
00:24:02,875 --> 00:24:04,776
You are under arrest.
370
00:24:04,810 --> 00:24:07,712
You have the right to remain silent
and refuse to answer questions.
371
00:24:07,746 --> 00:24:10,648
Anything you do say may be
used against you in a court of law.
372
00:24:14,086 --> 00:24:15,850
Cerreta: If we
put you in a lineup,
373
00:24:15,888 --> 00:24:18,084
we're gonna get a
positive make, James.
374
00:24:18,123 --> 00:24:20,786
So why don't you just
help yourself out, okay?
375
00:24:20,826 --> 00:24:24,490
Is there a deal
on the table? No.
376
00:24:24,530 --> 00:24:27,227
You want me to sign
this? Cerreta: Yes.
377
00:24:27,266 --> 00:24:30,464
Go pee up a rope.
378
00:24:30,502 --> 00:24:35,566
I will, and then I'm gonna wrap
it around your scrawny little neck.
379
00:24:37,409 --> 00:24:40,277
If this guy hits me,
I'm off the hook, right?
380
00:24:45,684 --> 00:24:47,949
Stone: We've got
irrefutable physical evidence,
381
00:24:47,987 --> 00:24:51,151
we've got an eyewitness... so you tell
me, why would I want to make a deal?
382
00:24:51,190 --> 00:24:54,160
My client was drunk, and he
has a history of impulsiveness.
383
00:24:54,193 --> 00:24:57,891
If you can sell that to
a jury, try, Mr. Scoler,
384
00:24:57,930 --> 00:24:59,990
but I think they'll
see it as I do...
385
00:25:00,032 --> 00:25:02,092
An opportunistic
cold-blooded killer.
386
00:25:02,134 --> 00:25:04,262
No deal.
387
00:25:06,705 --> 00:25:08,697
See you in court then.
388
00:25:14,246 --> 00:25:17,478
He's gonna turn this into a forum
on the rights of the homeless.
389
00:25:17,516 --> 00:25:19,314
So let him. What's
wrong with that?
390
00:25:19,351 --> 00:25:21,047
I'm seeing editorials
in my head...
391
00:25:21,086 --> 00:25:23,988
"Power of State Versus Victim
of Society"... that kind of thing.
392
00:25:24,023 --> 00:25:26,117
We're gonna get it
from the other side, too...
393
00:25:26,158 --> 00:25:28,252
"Homeless lunatics,
they kill innocent citizens.
394
00:25:28,293 --> 00:25:29,989
Is the State powerless
to protect us?"
395
00:25:30,029 --> 00:25:32,658
Let's not start worrying
about the ink we're getting.
396
00:25:32,698 --> 00:25:34,792
I'm not, but the public's
perception of us...
397
00:25:34,833 --> 00:25:37,200
We could have made a deal,
saved a lot of bad feelings.
398
00:25:37,236 --> 00:25:39,102
I'm flexible on
Lemonhead, he's crazy,
399
00:25:39,138 --> 00:25:41,801
but Polesky... He killed
a man in cold blood.
400
00:25:41,840 --> 00:25:43,706
And homeless or not,
we get a conviction,
401
00:25:43,742 --> 00:25:47,941
and the public will see us in
a very kindly light, believe me.
402
00:25:47,980 --> 00:25:49,881
Charge is murder
in the second degree.
403
00:25:49,915 --> 00:25:52,578
- How does the defendant plead?
- Not guilty, Your Honor.
404
00:25:52,618 --> 00:25:54,280
Do the People wish to set bail?
405
00:25:54,319 --> 00:25:56,686
Robinette: Mr. Polesky
is a transient, Your Honor.
406
00:25:56,722 --> 00:25:58,554
He has no ties to the community,
407
00:25:58,590 --> 00:26:00,957
and given the
viciousness of this crime...
408
00:26:00,993 --> 00:26:03,428
Judge: Bail is denied,
defendant is remanded.
409
00:26:03,462 --> 00:26:07,627
In the case of "People
versus Christian Tatum,"
410
00:26:07,666 --> 00:26:09,794
charge is murder in
the second degree,
411
00:26:09,835 --> 00:26:11,463
conspiracy and larceny.
412
00:26:11,503 --> 00:26:13,870
Your Honor, the People have
turned nothing over to us...
413
00:26:13,906 --> 00:26:15,772
No voluntary
disclosure forms, no...
414
00:26:15,808 --> 00:26:19,768
- Judge: Mr. Robinette?
- The people were never
asked for VDFs, Judge.
415
00:26:28,754 --> 00:26:31,690
Statement, witness
ID, arrest warrant.
416
00:26:32,724 --> 00:26:35,023
No search warrant?
417
00:26:39,998 --> 00:26:41,864
So? What happened?
418
00:26:41,900 --> 00:26:43,994
The judge had a problem
with no search warrant.
419
00:26:44,036 --> 00:26:46,267
C'mon, Paul! We took
him where we found him.
420
00:26:46,305 --> 00:26:48,706
I told him all that,
Mike. He didn't buy it.
421
00:26:48,740 --> 00:26:50,766
We were concerned
about securing the area,
422
00:26:50,809 --> 00:26:52,835
not worrying about
some search warrant.
423
00:26:52,878 --> 00:26:54,889
For all we knew, that guy was
in the closet with a hunting knife!
424
00:26:54,913 --> 00:26:58,372
I understand. I need one of you guys
to testify at the suppression hearing.
425
00:26:58,417 --> 00:27:00,409
I'll do it.
426
00:27:01,353 --> 00:27:03,618
Logan: As I was
saying, the desk clerk
427
00:27:03,655 --> 00:27:05,749
directed us to a vacant room.
428
00:27:05,791 --> 00:27:08,022
Lemonhead was not there.
429
00:27:08,060 --> 00:27:10,154
The jacket was in plain sight...
430
00:27:10,195 --> 00:27:13,632
I understand, Detective. Nevertheless,
I am going to grant the motion
431
00:27:13,665 --> 00:27:16,829
to suppress on the illegal
search of the defendant's jacket.
432
00:27:16,869 --> 00:27:19,134
The ring belonging to the victim
433
00:27:19,171 --> 00:27:21,936
is hereby ruled
inadmissible as evidence
434
00:27:21,974 --> 00:27:24,409
in "The People versus
Christian Tatum."
435
00:27:27,012 --> 00:27:29,447
No ring, no case.
436
00:27:29,481 --> 00:27:32,076
I don't understand why
you're being so obstinate.
437
00:27:32,117 --> 00:27:35,781
I'm not allowed to plead down
that far. Besides, he confessed.
438
00:27:35,821 --> 00:27:38,985
The man's non compos mentis...
No way he understood his rights.
439
00:27:39,024 --> 00:27:41,550
Your client is an
accomplice to murder.
440
00:27:41,593 --> 00:27:43,721
How about attempt rob two?
441
00:27:43,762 --> 00:27:45,754
Rob two.
442
00:27:45,797 --> 00:27:47,789
He testifies against Polesky,
443
00:27:47,833 --> 00:27:51,861
he can get whatever help the
system still has left to offer him.
444
00:27:52,905 --> 00:27:55,568
All right, deal... in writing.
445
00:28:00,279 --> 00:28:03,374
He was losing it... I thought
I better get him out of sight.
446
00:28:06,585 --> 00:28:08,952
Stone: Hello, Mr. Tatum.
447
00:28:09,788 --> 00:28:11,780
I saw James out there.
448
00:28:11,823 --> 00:28:15,521
I saw him... you didn't tell me
that James was going to be here.
449
00:28:15,561 --> 00:28:19,225
James is the one who's on trial,
Mr. Tatum. Where do you think he'd be?
450
00:28:20,899 --> 00:28:24,961
Maybe I could just get the
reward and leave now, huh?
451
00:28:26,205 --> 00:28:28,367
James had the
knife, you know that.
452
00:28:28,407 --> 00:28:30,000
I don't want him to see me.
453
00:28:30,042 --> 00:28:32,705
James doesn't have the
knife anymore, we have it.
454
00:28:32,744 --> 00:28:34,838
You just tell the court
what you saw James do...
455
00:28:34,880 --> 00:28:36,974
He's going to kill me,
don't you understand?!
456
00:28:37,015 --> 00:28:38,847
- Stone: Mr. Tatum...
- He's gonna slice me!
457
00:28:38,884 --> 00:28:40,978
- He's gonna feed me
to the pigeons!
- Quiet!
458
00:28:41,019 --> 00:28:42,578
Mr. Tatum!
459
00:28:42,621 --> 00:28:44,180
Knock it off!
460
00:28:46,558 --> 00:28:48,891
Stand up.
461
00:28:50,829 --> 00:28:55,164
Your psychiatrist tells me that you
have moments of rational thought.
462
00:28:56,335 --> 00:29:00,033
Now we're gonna go back in
there, and we'll take care of you...
463
00:29:00,072 --> 00:29:04,032
and you... are gonna
have one of those moments.
464
00:29:06,411 --> 00:29:10,872
Mr. Tatum, were you
offered a plea bargain
465
00:29:10,916 --> 00:29:13,613
in exchange for
today's testimony?
466
00:29:15,020 --> 00:29:16,955
Yes.
467
00:29:16,989 --> 00:29:19,254
And you have admitted your part
468
00:29:19,291 --> 00:29:22,261
in the robbery of Nathan
Robbins, is that correct?
469
00:29:23,328 --> 00:29:27,424
Yes, I was standing out
front of the coffee shop
470
00:29:27,466 --> 00:29:30,231
looking for somebody to rob.
471
00:29:30,269 --> 00:29:32,465
Somebody easy.
472
00:29:32,504 --> 00:29:35,338
Stone: Would you explain that?
473
00:29:35,374 --> 00:29:39,334
Well, somebody, you
know, who's drunk or high...
474
00:29:39,378 --> 00:29:42,644
You know, so they
weren't thinking straight.
475
00:29:42,681 --> 00:29:44,912
Was this plan your idea?
476
00:29:44,950 --> 00:29:48,944
No. It was James'.
477
00:29:50,122 --> 00:29:52,023
Is James in this courtroom?
478
00:29:58,530 --> 00:30:01,500
Stone: Let the record indicate
that the witness is pointing
479
00:30:01,533 --> 00:30:03,593
at the defendant, James Polesky.
480
00:30:04,736 --> 00:30:07,365
What was James doing
the night of the murder?
481
00:30:08,740 --> 00:30:11,437
He was hanging out.
482
00:30:11,476 --> 00:30:14,275
I saw this guy
and this girl, they...
483
00:30:14,313 --> 00:30:16,612
They weren't paying attention,
484
00:30:16,648 --> 00:30:19,812
so I go up to
James... "That's them."
485
00:30:21,053 --> 00:30:23,386
Then I went inside for a while.
486
00:30:23,422 --> 00:30:25,482
Inside the cardboard box?
487
00:30:26,925 --> 00:30:29,520
Then I see James
going for the guy.
488
00:30:29,561 --> 00:30:32,463
And he went after him why?
489
00:30:32,497 --> 00:30:36,059
The guy had a ring he
wanted to give to his girlfriend.
490
00:30:39,771 --> 00:30:41,899
Is this the ring?
491
00:30:44,042 --> 00:30:46,568
Your Honor, I
offer into evidence
492
00:30:46,611 --> 00:30:48,477
People's Exhibit number 25.
493
00:30:48,513 --> 00:30:51,540
- Objection... inadmissible.
- Sustained.
494
00:30:51,583 --> 00:30:53,449
Your Honor, may we approach?
495
00:30:55,220 --> 00:30:58,281
This ring was suppressed.
Ray Tatum, not...
496
00:30:58,323 --> 00:31:01,157
I'm well aware of that. I
made the ruling. Anything else?
497
00:31:01,193 --> 00:31:03,560
Then it's perfectly
admissible against Polesky.
498
00:31:03,595 --> 00:31:05,791
I'll make that
determination, Mr. Stone.
499
00:31:05,831 --> 00:31:07,925
Thank you. Your witness.
500
00:31:15,107 --> 00:31:17,576
What an idiot.
501
00:31:20,011 --> 00:31:22,003
Would you describe what happened
502
00:31:22,047 --> 00:31:25,449
after Mr. Polesky
approached Mr. Robbins?
503
00:31:28,520 --> 00:31:31,285
He pulled out his knife
and he pig-stuck him!
504
00:31:33,158 --> 00:31:35,150
Would you describe
the knife, please?
505
00:31:35,193 --> 00:31:37,458
Yeah, it's like the
one you showed me...
506
00:31:37,496 --> 00:31:40,466
The one you got on the table.
507
00:31:41,633 --> 00:31:43,465
And then he pulled
the knife right out...
508
00:31:44,803 --> 00:31:47,329
No more questions of
this witness, Your Honor.
509
00:31:50,675 --> 00:31:52,667
Mr. Tatum...
510
00:31:55,814 --> 00:32:01,014
has the CIA ever tried
to assassinate you?
511
00:32:06,358 --> 00:32:08,020
Yes.
512
00:32:09,261 --> 00:32:12,425
When was the last
attempt on your life?
513
00:32:13,598 --> 00:32:15,464
Tuesday.
514
00:32:15,500 --> 00:32:17,230
Objection, Your Honor.
515
00:32:18,837 --> 00:32:23,673
Scoler: Why would the CIA
want to kill you, Mr. Tatum?
516
00:32:25,544 --> 00:32:28,104
Eastern Europe.
517
00:32:28,146 --> 00:32:31,241
I briefed Mikhail Gorbachev
several times last year,
518
00:32:31,283 --> 00:32:33,752
before it all happened.
519
00:32:33,785 --> 00:32:37,745
So you made them look bad?
520
00:32:37,789 --> 00:32:40,588
Yes, they don't like that.
521
00:32:40,625 --> 00:32:42,685
Thank you, Mr. Tatum.
522
00:32:44,229 --> 00:32:46,221
No further questions.
523
00:32:53,138 --> 00:32:55,164
How old are you, Ms. Hatch?
524
00:32:55,207 --> 00:32:57,608
Objection... relevance.
525
00:32:57,642 --> 00:32:59,320
Eyesight fades as we
grow older, Your Honor.
526
00:32:59,344 --> 00:33:01,279
Overruled.
527
00:33:01,313 --> 00:33:04,249
How is your eyesight, Ms. Hatch?
528
00:33:04,282 --> 00:33:07,946
I need glasses to
read. Otherwise, it's fine.
529
00:33:09,554 --> 00:33:12,683
Now this is your sworn
statement to the police,
530
00:33:12,724 --> 00:33:16,388
in which you claim to have seen the
defendant in front of Ezra's Coffee Shop.
531
00:33:16,428 --> 00:33:17,896
So?
532
00:33:17,929 --> 00:33:20,763
Do you see the same
man in the court today?
533
00:33:26,571 --> 00:33:28,369
Scoler: I'm impressed.
534
00:33:29,708 --> 00:33:32,576
There's a mural
behind me, Ms. Hatch.
535
00:33:32,611 --> 00:33:34,603
Would you describe
it for the court?
536
00:33:35,981 --> 00:33:38,041
Staten Island and the Narrows.
537
00:33:40,886 --> 00:33:43,355
You're...
538
00:33:43,388 --> 00:33:47,758
You're familiar with the Staten
Island of the 19th century, Ms. Hatch?
539
00:33:47,792 --> 00:33:49,761
I can read the legend.
540
00:33:50,996 --> 00:33:54,728
I hope your eyesight is better
than your manners, young man.
541
00:33:58,570 --> 00:34:02,268
It was in a clearing under a
mattress where Mr. Polesky sleeps.
542
00:34:02,307 --> 00:34:04,538
Stone: What did you do
with the knife, Sergeant?
543
00:34:04,576 --> 00:34:06,568
I bagged it, took it to the lab.
544
00:34:06,611 --> 00:34:09,274
- Did you read the lab report?
- Cerreta: Yes, of course.
545
00:34:09,314 --> 00:34:11,078
The blood matched,
the hair matched,
546
00:34:11,116 --> 00:34:13,745
and the size of the knife
was consistent with the wound.
547
00:34:13,785 --> 00:34:15,754
There were
fingerprints on the knife?
548
00:34:15,787 --> 00:34:17,779
One set... Those
of the defendant.
549
00:34:17,822 --> 00:34:20,257
Thank you, Sergeant.
550
00:34:24,796 --> 00:34:28,028
Upon your conviction of the crime
of murder in the second degree,
551
00:34:28,066 --> 00:34:31,366
the court sentences you to a
maximum term of imprisonment
552
00:34:31,403 --> 00:34:33,804
of from 25 years to life.
553
00:34:40,679 --> 00:34:43,649
Robinette: The victim was
assaulted with a copper saucepan.
554
00:34:43,682 --> 00:34:45,776
- Stone: His wife?
- The sous-chef.
555
00:34:45,817 --> 00:34:49,310
Robinette: The guy complained of
too much salt in the béchamel... bam!
556
00:34:49,354 --> 00:34:51,289
Notice for appeal on Polesky.
557
00:34:56,494 --> 00:34:58,486
Give me a break.
558
00:35:06,571 --> 00:35:09,973
Jesus, Mary and Joseph.
559
00:35:10,008 --> 00:35:12,341
Everybody appeals everything.
560
00:35:12,377 --> 00:35:15,347
- Why come all the way down here...
- I wanted to see your faces.
561
00:35:15,380 --> 00:35:17,372
So what is it?
562
00:35:18,617 --> 00:35:20,779
The appeal is based on
the Fourth Amendment.
563
00:35:20,819 --> 00:35:24,517
You didn't have a warrant when you
searched the appellant's place of abode.
564
00:35:26,224 --> 00:35:28,193
"Place of abode," huh?
565
00:35:28,226 --> 00:35:30,422
It was in the damn bushes!
566
00:35:35,100 --> 00:35:38,070
"based on an illegal search
567
00:35:38,103 --> 00:35:41,596
of appellant's non-traditional
place of residence."
568
00:35:43,375 --> 00:35:46,174
Got to hand it to
Scoler, that's pretty good.
569
00:35:46,211 --> 00:35:47,941
It wasn't Scoler.
570
00:35:47,979 --> 00:35:50,505
Norman Ackerman, ACLU.
571
00:35:50,548 --> 00:35:53,450
His brief in Skokie
was 120 pages.
572
00:35:53,485 --> 00:35:56,546
His buddies on Wall
Street do his research
573
00:35:56,588 --> 00:35:58,523
out of the goodness
of their hearts.
574
00:35:58,556 --> 00:36:00,923
Wall Street lawyers
doing pro bono?
575
00:36:00,959 --> 00:36:02,655
Makes them feel good.
576
00:36:02,694 --> 00:36:04,720
Stone: I don't care
who wrote the brief.
577
00:36:04,763 --> 00:36:09,701
No way the court can extend Fourth
Amendment protection to a bush in the park.
578
00:36:09,734 --> 00:36:13,227
I thought it was a shack. It makes
their argument more compelling.
579
00:36:13,271 --> 00:36:16,139
Actually, a cardboard
box in a clearing.
580
00:36:16,174 --> 00:36:19,611
The question is, can we take the
temperature of the appellate court?
581
00:36:19,644 --> 00:36:23,740
Well, the US Supreme Court
is going pell-mell to the right.
582
00:36:23,782 --> 00:36:26,946
And the local magistrates.
583
00:36:26,985 --> 00:36:29,580
They haven't been overly
sympathetic to the indigent.
584
00:36:31,423 --> 00:36:33,892
But the Manhattan
appellate judges
585
00:36:33,925 --> 00:36:37,521
may be the last liberal activists
sitting on any bench, anywhere.
586
00:36:38,730 --> 00:36:41,097
Ackerman wrote
a hell of a brief,
587
00:36:41,132 --> 00:36:43,101
but case history is on our side.
588
00:36:43,134 --> 00:36:45,126
That's encouraging.
589
00:36:45,170 --> 00:36:47,366
All the way back to
18th-century England, Blackstone:
590
00:36:47,405 --> 00:36:50,341
"An open field is not private
property and is not protected."
591
00:36:50,375 --> 00:36:52,844
- What's Ackerman relying on?
- Sympathy...
592
00:36:52,877 --> 00:36:57,281
And a 1967 Supreme Court
decision... "Katz versus US."
593
00:36:57,315 --> 00:36:59,147
The majority held that...
594
00:36:59,184 --> 00:37:01,813
the police could not tap a
public phone without a warrant.
595
00:37:01,853 --> 00:37:04,186
The Fourth Amendment
protects people, not places.
596
00:37:04,222 --> 00:37:07,454
Now I quoted Potter Stewart's opinion
in law school and won an argument.
597
00:37:07,492 --> 00:37:09,120
Things change.
598
00:37:09,160 --> 00:37:10,958
Schiff may be right
about this court.
599
00:37:10,995 --> 00:37:12,896
Press isn't looking
to make a case.
600
00:37:12,931 --> 00:37:16,368
Mr. Polesky stabbed an innocent
victim for no other reason than greed.
601
00:37:16,401 --> 00:37:19,166
This is the wrong case
to make a point, isn't it?
602
00:37:22,741 --> 00:37:24,018
- Woman: There's the DA.
- Man #1: Mr. Stone!
603
00:37:24,042 --> 00:37:26,307
- Man #2: Mr. Stone!
- Man #3: A second please!
604
00:37:26,344 --> 00:37:28,472
Mr. Stone, given the
extent of homelessness,
605
00:37:28,513 --> 00:37:31,950
don't you think the court will jump at
the chance to write new law in this case?
606
00:37:31,983 --> 00:37:34,817
Homelessness may be the
greatest tragedy of our time,
607
00:37:34,853 --> 00:37:37,031
but I don't think the cure
is allowing a convicted felon
608
00:37:37,055 --> 00:37:39,422
to wander the streets. I'm
sure the court will agree.
609
00:37:39,457 --> 00:37:42,985
You've got a tough job defending
a patently unconstitutional search.
610
00:37:43,027 --> 00:37:46,361
Nothing is patently anything
until the appeals court says it is,
611
00:37:46,397 --> 00:37:49,299
and my job is to preserve a solid
murder conviction. Thank you.
612
00:37:49,334 --> 00:37:51,997
Mr. Stone, what about
the rights of the homeless?
613
00:37:53,171 --> 00:37:55,731
- Man #1: There's Ackerman.
- Man #2: Mr. Ackerman?
614
00:37:59,611 --> 00:38:03,070
Robinette: "The Times" called
Ackerman "a modern Clarence Darrow."
615
00:38:03,114 --> 00:38:05,515
I'm sure Darrow
had his off days.
616
00:38:08,553 --> 00:38:10,317
Ben.
617
00:38:10,355 --> 00:38:14,087
- Oh, hi, Norman.
- It's been what, four, five years?
618
00:38:14,125 --> 00:38:15,753
At least.
619
00:38:15,794 --> 00:38:17,922
You've stopped attending
our annual fundraiser.
620
00:38:17,962 --> 00:38:21,956
Defending the Nazis in Skokie
just didn't sit right with me.
621
00:38:22,000 --> 00:38:25,198
Our only client is the US
Constitution, you know that.
622
00:38:25,236 --> 00:38:27,432
In theory, but there are
practical consequences
623
00:38:27,472 --> 00:38:30,101
to every one of your crusades.
People get hurt, real people.
624
00:38:30,141 --> 00:38:34,101
Oh... you don't want the "great
unwashed" camping on your doorstep.
625
00:38:34,145 --> 00:38:36,341
Norman, this is
about James Polesky,
626
00:38:36,381 --> 00:38:39,374
and no, I don't want him
hanging around my lobby at night.
627
00:38:40,418 --> 00:38:43,388
Ackerman: In "Katz,"
Mr. Justice Stewart wrote
628
00:38:43,421 --> 00:38:46,653
that "Whatever a person
seeks to preserve as private,
629
00:38:46,691 --> 00:38:49,422
even in an area
accessible to the public,
630
00:38:49,460 --> 00:38:52,430
may be constitutionally
protected."
631
00:38:53,431 --> 00:38:57,892
The defendant here did everything in
his power to preserve his private space.
632
00:38:57,936 --> 00:38:59,666
Judge: Excuse me, Mr. Ackerman,
633
00:38:59,704 --> 00:39:02,868
but the issue in "Katz" was
whether public telephones
634
00:39:02,907 --> 00:39:04,705
could be tapped
without a warrant.
635
00:39:04,742 --> 00:39:07,871
And the same court in
"Oliver" specifically refused
636
00:39:07,912 --> 00:39:10,541
to extend Fourth Amendment
protection to open fields.
637
00:39:10,582 --> 00:39:12,744
I'm well aware of
"Oliver," Your Honor.
638
00:39:12,784 --> 00:39:15,151
But I'm also aware that
at the time of that decision,
639
00:39:15,186 --> 00:39:18,213
there weren't a million homeless
people wandering this country.
640
00:39:18,256 --> 00:39:20,623
You would have us
afford the same protection
641
00:39:20,658 --> 00:39:22,752
to a man sleeping
in Central Park
642
00:39:22,794 --> 00:39:25,764
as we would to a man in
the comfort of his home?
643
00:39:25,797 --> 00:39:29,859
Central Park is his
home, Your Honor.
644
00:39:29,901 --> 00:39:33,360
It is also public ground,
paid for by local taxes.
645
00:39:33,404 --> 00:39:35,783
Ackerman: The same taxes that
were supposed to build shelters
646
00:39:35,807 --> 00:39:38,402
to house these people and
hospitals to care for them.
647
00:39:39,711 --> 00:39:43,648
Once the State abdicated its
responsibility to care for the homeless,
648
00:39:43,681 --> 00:39:47,174
the public parks, the alleys
649
00:39:47,218 --> 00:39:50,154
and the streets
became their homes.
650
00:39:51,623 --> 00:39:55,560
Just as we wouldn't allow governmental
intrusion into your bedrooms,
651
00:39:55,593 --> 00:39:58,495
we shouldn't allow intrusion
into the private corner of the world
652
00:39:58,529 --> 00:40:00,725
James Polesky calls home...
653
00:40:00,765 --> 00:40:05,794
Even if it is the dirt, bushes
and rubble of Central Park.
654
00:40:07,105 --> 00:40:08,835
Thank you, Your Honors.
655
00:40:09,941 --> 00:40:12,775
Whether or not the State is
responsible for the homeless...
656
00:40:12,810 --> 00:40:14,745
Judge: You don't
think it is, Mr. Stone?
657
00:40:14,779 --> 00:40:17,214
What I think is not at
issue here, Your Honor.
658
00:40:17,248 --> 00:40:20,878
What is at issue is the
scope the Constitution affords.
659
00:40:20,919 --> 00:40:23,548
And you don't think it
reaches Mr. Polesky?
660
00:40:23,588 --> 00:40:25,750
Balanced against
the People's interest
661
00:40:25,790 --> 00:40:29,784
in seeing a killer
put behind bars, no.
662
00:40:29,827 --> 00:40:32,956
Suppose it wasn't a knife found
under that mattress, Mr. Stone.
663
00:40:32,997 --> 00:40:37,128
Suppose it was
Mr. Polesky's personal diary.
664
00:40:37,168 --> 00:40:41,606
Should the police be allowed
to invade what is clearly private,
665
00:40:41,639 --> 00:40:45,041
or do only those who
can afford a home
666
00:40:45,076 --> 00:40:47,341
have the expectation of privacy?
667
00:40:47,378 --> 00:40:50,815
Mr. Justice Harlan wrote in
his concurring opinion on "Katz,"
668
00:40:50,848 --> 00:40:53,374
that "the expectation
of privacy must be one
669
00:40:53,418 --> 00:40:56,980
that society is prepared to
recognize as reasonable."
670
00:40:57,021 --> 00:41:00,287
And it is your position that
society would be "unreasonable"
671
00:41:00,325 --> 00:41:03,693
in allowing the defendant to
call a dirty mattress his home?
672
00:41:03,728 --> 00:41:07,130
One of the attributes of private
property is the right to exclude others,
673
00:41:07,165 --> 00:41:09,566
and Mr. Polesky cannot
exclude others from his home,
674
00:41:09,600 --> 00:41:12,001
since his home is, by
definition, public property.
675
00:41:12,036 --> 00:41:14,403
Really, Counselor, would
it have been so difficult
676
00:41:14,439 --> 00:41:16,271
for the police to
obtain a warrant?
677
00:41:17,942 --> 00:41:20,241
Thank you, Mr. Stone.
678
00:41:23,915 --> 00:41:27,374
No, I can't say that I'm at all
surprised by the court's decision.
679
00:41:27,418 --> 00:41:30,320
Mr. Ackerman, will your victory
affect the problem of the homeless?
680
00:41:30,355 --> 00:41:32,790
Wait a second, this
is not my victory.
681
00:41:32,824 --> 00:41:36,056
It is a victory for the
Constitution of the United States.
682
00:41:36,094 --> 00:41:38,188
Man: Mr. Ackerman,
what about the homeless...
683
00:41:38,229 --> 00:41:42,325
The opinion is good. There
was nothing you could have done.
684
00:41:42,367 --> 00:41:44,962
The court was
predisposed against you.
685
00:41:45,003 --> 00:41:47,029
Still, got a 3-2 decision.
686
00:41:47,071 --> 00:41:49,734
I thought the Constitution was
supposed to protect society.
687
00:41:49,774 --> 00:41:52,505
And the rights of individuals...
Sometimes, they clash.
688
00:41:52,543 --> 00:41:54,307
It's a sad commentary, isn't it?
689
00:41:54,345 --> 00:41:57,315
It's as if the court is saying, "You
have a right to a wretched existence."
690
00:41:57,348 --> 00:41:59,340
What are you gonna do?
691
00:41:59,384 --> 00:42:02,320
We could appeal to
Albany... What about a retrial?
692
00:42:02,353 --> 00:42:04,720
Without the murder weapon,
we haven't got a prayer.
693
00:42:04,756 --> 00:42:06,782
But we still have the ring.
694
00:42:06,824 --> 00:42:08,918
O'Malley excluded it, remember?
695
00:42:08,960 --> 00:42:10,724
I know, and he's
still wrong about it.
696
00:42:10,762 --> 00:42:14,130
Polesky has no standing to challenge
the warrantless seizure of the parka.
697
00:42:14,332 --> 00:42:17,928
I cannot believe how O'Malley
could have been so out to lunch.
698
00:42:17,969 --> 00:42:20,097
Do you think you can
engineer a change of heart?
699
00:42:20,138 --> 00:42:22,505
- If not mind?
- I'll handle it.
700
00:42:22,540 --> 00:42:27,137
New trial, Lemonhead testifies that
he got the ring from Polesky, and...
701
00:42:27,178 --> 00:42:29,306
It's circumstantial, but
it should be enough.
702
00:42:29,347 --> 00:42:31,475
If we can find
Lemonhead... he's...
703
00:42:55,006 --> 00:42:58,670
Yesterday he was screaming for his
lawyer... something about "habeas corpus."
704
00:42:58,709 --> 00:43:00,701
What the hell is that?
705
00:43:00,745 --> 00:43:03,510
It means you can't
hold him against his will.
706
00:43:03,548 --> 00:43:07,041
Every nutcase has his
day in court... I guess.
707
00:43:07,085 --> 00:43:09,247
I guess.
708
00:43:10,855 --> 00:43:13,222
Robinette: I doubt he
even knows his own name.
709
00:43:13,257 --> 00:43:15,590
There's no way we can
put him on the stand.
710
00:43:15,626 --> 00:43:17,322
He was competent the first time.
711
00:43:17,361 --> 00:43:21,264
I saw him, Ben.
Believe me, it's over.
712
00:43:21,299 --> 00:43:23,825
Maybe Olivet can
snap him out of it.
713
00:43:27,438 --> 00:43:29,771
- You got my message?
- Yes.
714
00:43:29,807 --> 00:43:33,471
- You saw Lemonhead?
- I saw Christian Tatum.
715
00:43:33,511 --> 00:43:37,004
We didn't... it wasn't
much of a conversation.
716
00:43:37,048 --> 00:43:38,676
I know the man's
in trouble, Liz...
717
00:43:38,716 --> 00:43:41,379
The man's on anti-psychotics.
Did you know that?
718
00:43:41,419 --> 00:43:44,514
Which leaves him
nauseous, listing to one side,
719
00:43:44,555 --> 00:43:47,081
and in danger of choking
to death on his own tongue.
720
00:43:47,125 --> 00:43:51,426
I feel sorry for Mr. Tatum's
condition, but his testimony is crucial,
721
00:43:51,462 --> 00:43:53,556
and what I need
to know from you...
722
00:43:53,598 --> 00:43:56,727
is will he be able to take the
stand for just a few minutes?
723
00:43:56,767 --> 00:43:59,464
Will he be able to say
a simple "yes" or "no"?
724
00:43:59,504 --> 00:44:01,097
Nothing is that simple.
725
00:44:01,139 --> 00:44:03,836
Last time he was in the
court, he was terrified of James
726
00:44:03,875 --> 00:44:06,037
and you pushed him
into taking the stand.
727
00:44:06,077 --> 00:44:08,774
I pushed him into telling
the truth in a murder trial
728
00:44:08,813 --> 00:44:10,373
in which he entered
into a plea bargain.
729
00:44:10,414 --> 00:44:13,282
He may be on some other
planet, Ben, but the guy's hurting,
730
00:44:13,317 --> 00:44:16,253
and I don't think he can
survive another circus.
731
00:44:18,389 --> 00:44:21,553
You asked for my opinion.
732
00:44:23,928 --> 00:44:26,591
I understand.
733
00:44:31,102 --> 00:44:33,662
Did you read the People's
bench memo, Your Honor?
734
00:44:33,704 --> 00:44:35,366
I did.
735
00:44:35,406 --> 00:44:37,398
Scoler: And...?
736
00:44:37,441 --> 00:44:40,036
You're right, I was in
error in excluding the ring.
737
00:44:40,077 --> 00:44:43,343
Getting back to the
issue at hand, Judge,
738
00:44:43,381 --> 00:44:45,612
the Sixth Amendment
guarantees my client
739
00:44:45,650 --> 00:44:47,949
the right to confront all
witnesses against him.
740
00:44:47,985 --> 00:44:50,216
Judge: Mr. Stone?
741
00:44:50,254 --> 00:44:53,383
"Testimony given by
a witness at a prior trial
742
00:44:53,424 --> 00:44:56,622
may be received into evidence
when the witness is unable to attend
743
00:44:56,661 --> 00:44:59,654
by reason of death,
illness or incapacity.
744
00:44:59,697 --> 00:45:01,359
CPL Article 670."
745
00:45:01,399 --> 00:45:03,163
And your witness
is incapacitated?
746
00:45:03,201 --> 00:45:06,968
He's institutionalized,
Your Honor.
747
00:45:07,004 --> 00:45:08,996
He's psychotic.
748
00:45:09,040 --> 00:45:10,951
His testimony in court
was practically hallucinatory.
749
00:45:10,975 --> 00:45:13,001
He was competent then,
750
00:45:13,044 --> 00:45:16,378
and as you recall, Mr. Scoler made
no objection to his testifying at the time.
751
00:45:16,414 --> 00:45:19,145
I'm going to grant
Mr. Stone's motion.
752
00:45:19,183 --> 00:45:21,914
Mr. Tatum's prior testimony
will be read into evidence.
753
00:45:21,953 --> 00:45:24,821
Your objection is duly noted
for the record, Mr. Scoler.
754
00:45:24,855 --> 00:45:28,849
Feel free to have another go with
the "five wise men" uptown, if you like.
755
00:45:30,728 --> 00:45:34,165
I'm thinking... man two?
756
00:45:34,198 --> 00:45:36,827
I'm thinking murder
two... He does 25-to-life.
757
00:45:36,867 --> 00:45:38,859
I'll appeal, we'll start over.
758
00:45:38,903 --> 00:45:40,895
I'll be here.
759
00:45:42,073 --> 00:45:43,939
Manslaughter one.
760
00:45:43,975 --> 00:45:47,275
All right, but Mr. Polesky
does the max.
761
00:45:48,412 --> 00:45:50,438
My client won't be very happy,
762
00:45:50,481 --> 00:45:53,280
but at least he'll have a roof
over his head for the next 25 years.
763
00:45:53,317 --> 00:45:55,980
So does Lemonhead...
Rubber cell at Bellevue.
764
00:45:56,020 --> 00:45:57,818
And then there's
Nathan Robbins...
765
00:45:57,855 --> 00:46:00,256
He's got six feet of
dirt over his head.
766
00:46:00,291 --> 00:46:02,726
So what's "happy"
got to do with it?60647
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