All language subtitles for Between.Black.and.Blue.S01E01.720p.WEB.h264-OPUS

MIKE:
Dear Judge Fullerton,

During these many past months,

while both Davis and I have been
waiting for your decision

regarding his motions
for a new trial,

I have been anxiously wanting
to write to you.

Bob advised me against it
because he felt

that this time around

you were going to come up
with a fair decision.

I'm glad I didn't write
that letter,

because I know now that no
matter what I had said,

your decision would have been
the same.

And you are holding a man
who did not commit the crime.

The murderers are walking around
free with the consent

of the court.

Now, you want Davis to pay
for everybody else's crimes.

All I can say is the entire
decision

is based on a lie.

[♪♪♪]

PETER:
On the morning of October 7th,
1975,

a number of men entered
a townhouse

owned by Harold Levine,

a business associate of
Mr. Borrelli,

and minutes later,
Harold Levine was dead,

his wife, Shirley,
severely wounded

in what Denver police called
a gangland type slaying.

He says, Mike,
you're being indicted.

I said for what?

All they wanted for him to say
was that Mike Borrelli

ordered this thing done.

MIKE:
To really understand
this entire case,

you've got to go back to
the beginning.

You've got to go back
to the events of 1975.

[♪♪♪]

[Radio chatter]

[♪♪♪]

[♪♪♪]

MIKE:
I left the police department
after almost 19 years.

I was vested,
which entitled me to a pension,

and I left it for another
reason because I had

a cousin who was in business
in Denver, Colorado.

MIKE:
He called me and said to me,
Mike, he says,

"If you come out here,
we can go into business.

We can open up a pastry shop,
pastry shop, they're dying

for pastry shop out here,
we can make a lot of money."

MIKE:
Police officer doesn't make
much money.

So what I did on my time off,
I went to work in a pastry shop.

The clerical men
in the precinct

put me on a 4 to
12 tour steady

so I can work
in a pastry shop

from 8 to 2.

So from 8 to 2,
I made more money

in the pastry shop than I was
getting as a salary

as a police officer.

MIKE:
So, I flew to Denver.

My cousin introduced me to
a fellow by the name

of Hal Levine,
an individual who had

a furniture business
called Random House

in Denver, Colorado,

and Hal Levine said,
if you come out here,

you want to go into business,
I will back you.

My father had, you know,
great ideas.

I mean, he was an idea man.

ROBIN:
One was Random House.

The other was a couple different
restaurants.

He wanted to, you know, grow;
not put all his eggs

in one basket.

MIKE:
Hal Levine said, look,
forget the pastry shop.

He says what Denver needs
is a good Italian restaurant.

He says, I will help you people.

Come here,
let me show you the place

and we'll see
what we can do with it.

So I said to Hal, "Hal, yeah.

I would like to get involved
in this."

The night that we had
what they call a soft opening

of the restaurant,

it was unbelievable.

People were just pouring
into that place.

[Big band jazz music plays]

MIKE:
The doors were open and all
of a sudden

people start coming in.

Our guests were
the police chief.

Our guests were the mayor.

[♪♪♪]

My family came out there.

My sister came out there.

It was such a popular restaurant
that people lined up

to be able to get in.

We had Italian cooks who made
the best cannolis

and the best steak pizzaiola.

I remember it was my dad's
favorite

and just great,
great food.

ROBIN:
We had a great time.

It was something out of a dream.

It was very nice.

It became so busy we had
to shut it down

for two weeks to reorganize.

MIKE:
Hal Levine wanted to expand.

He wanted to create a holding
company.

He came up with the name
U.S. Hamal,

and his idea was to put
as many entities

into the holding
company as we could,

and then we would give each
other shares into that company

and then eventually go public.

MIKE:
We put Casa Donato
in the holding company.

Hal Levine put the furniture
company into

the holding company.

While this was being negotiated,
he brought

two other people into
the company;

one with an investment
of a hundred thousand dollars.

MIKE:
And he brought another fellow
in by the name

of Barry Mainardi,
who had an insurance company.

And we all received insurance
policies.

I was insured for a million
and a quarter.

All the other directors were
insured for a million

and a quarter.

And Hal was insured
for five million.

[♪♪♪]

One thing we did not know
when we got together

and formed this company,
that Hal Levine

was a heavy gambler.

He would play baccarat,
that was his game, baccarat,

at 2,000 dollars a hand,
at 2,000 dollars a hand.

Hal Levine became a customer
of my father at the Hilton.

He used to invite him to all
the junkets to Las Vegas

and he was a good player,
a big player.

MIKE:
Marty Raskin worked
for the Hilton Hotel

and he was their man in Denver.

He was the one who organized
the junkets.

Barron Hilton's plane would
fly into the airport

and he would organize a junket
for all the gamblers

who wanted to go.

Was all on the arm, free.

He was a good gambler.

He was a good gambler.

I mean, you know, he'd win.

RHODA:
He would win big.

But if he lost, he, you know,
lost a lot,

but, he made good
on everything

and he didn't lose,

let's put it this way,
what he couldn't lose.

Alright.

RHODA:
There was one night he was
playing and he just wanted,

he was losing.

He wanted to get even.

And I said, "You can't chase it.

Can't chase the money."

I says,
because you seem to wind up

in worse shape than before.

RHODA:
Alright now he wanted to play
and they said, "No, let's go,

we'll have breakfast.

And, you know,
and tomorrow's another day.

Oh, no, no, no, no.

Well,
there's no one at the table

you're playing, you know,
just against the house."

He says, "Well,
get me some shills!"

[Laughing]

He was writing checks
to the amount

of two thousand dollars a week
from the account

to a company called Banco.

We found out that Banco
was a company that

was a collection agency
for Vegas.

He was using our money
to do that.

MIKE:
In the middle of June of 1975,

Hal Levine took a trip to Vegas

and he went there with one
of the corporate members.

Word came back from the
corporate member,

Mr. Tony Donadio,
that Hal Levine

had lost $240,000
and was in the hole

for another 16 markers.

And when word came back,
the two corporate members,

who invested their hundred
thousand dollars

became very,
very concerned.

They ordered an audit.

After the audit was completed,

they found out that
Mr. Levine was not worth

11 million dollars,
in fact he was in the hole

for about $80,000.

There was only one way to get
their money back.

Hal Levine had to die.

-PETER: Had to die?
-MIKE: Had to die.

I really think he,
he suspected something because

he was trying to get rid
of this policy

and I had asked,
what, if he needed anything

because I mean, whatever I had,

if I had $50,000
or $10,000,

a hundred, whatever it was,
if I had it, I mean,

it was his.

Because I'm not going to see
him, you know, be in trouble.

He would do the same thing
for me.

He, there would be no question
even if he had to borrow it.

So he says "No,
you couldn't get enough."

RHODA:
He says,
"I'll figure something out."

That was the last words he said.

He said, "Don't worry,
I'll figure something out."

Oh, I guess he didn't.

I guess he couldn't
figure it out.

When my mom had asked him what
was going on,

he said, "You didn't get us
into this mess

and I'm not going to drag you
into it now."

So he didn't fully tell her

all that was going on.

But he,

he understood the severity

of what was going down.

The last conversation I had
with my father

was that he was afraid

and his eyes flooded with tears.

And he was really afraid

and, and that

is a big guy,
6'2",

2 something.

I mean, just a big guy

and I knew he was serious.

ROBIN:
It happened at 10:15.

At 12:15, my counselor,
Wally O'Brien,

came to my business machines
class

and asked me to come out

and escorted me to
the principal's office.

So we went there and,
and we sat down and she said,

"There's been an accident.

Your parents have been
in an accident."

And that's all she was allowed
to tell me.

So I started crying.

ROBIN:
Wally O'Brien decided that
he should walk me home.

So, I went out and my boyfriend
was waiting for me

and we started
walking down

and as we got closer
to the house,

there were all of these
reporters

and police cars.

And I got to my front door
and they wouldn't let me go

in the house.

And I couldn't understand
why they wouldn't let me go

in my own home.

[Indistinct chatter]

ROBIN:
They told me to go sit
in the police car

and then a detective
got in the car

and he tells me that
my father's dead

and they don't know
if my mom is going to live.

Well, I screamed.

I just screamed.

MIKE:
Two men went to his house
and shot him.

Heard that his wife
was upstairs.

They went upstairs
and they shot her also.

[♪♪♪]

[♪♪♪]

[♪♪♪]

[♪♪♪]

[♪♪♪]

ROBIN:
Three bullets to the head
and neck,

you would think a person
would be dead.

My mom, next thing she knows,
she wakes up

and she's choking because
of all the blood.

And then she reached up to find
the phone that was

on the nightstand
and pressed zero

and told them that
she had been shot

and gave them her address.

Then, the next thing
she remembers is that

the paramedics were there
and there were these people.

She's telling them which arm
to put the IV in

because she has a better vein
in one arm than

she does the other.

And then she passed out.

And then.

That was it.

That was it.

[Ambulance siren wailing]

[Indistinct radio chatter]

ROBIN:
She had six surgeries.

Lost, I don't know how many
pints of blood.

She had so many transfusions.

One bullet went through her eye,

the other filleted her tongue,

and the other was still lodged

in her neck.

One missed her jugular vein.

And the other missed her,
I mean,

and they missed her spine.

She was a walking miracle.

When I went in there,
I couldn't believe

it was her.

I saw this blue thing hanging
out of her mouth

and it happened,

it was her tongue.

I didn't know what that was.

And I just said, "Mom,"
I said, "You can't die."

I said,
"I'm going to be an orphan."

I said, "You can't leave me."

And she said that,
that was the first time

that she had the will to live.

Prior to that,
she was just gonna give it up.

[♪♪♪]

MIKE:
The restaurant itself
was in debt.

I went to New York to raise
that money

because I didn't have that money
and I did raise;

my sister gave me $5,000.

ANNA:
When the incident happened with
Hal Levine being killed,

my brother was at my house.

And I remember it so distinctly
because

my mother was very sick at the
time and we had a lot

of company coming to visit.

[Phone ringing]

And all of a sudden
when the phone rang,

we heard about Hal Levine
having been killed.

And I was shocked.

That was like, I mean, how,
how could that happen?

Next thing you know,
he's on the phone, he's calling,

and he says, "I, I think that

they want to talk to me."

I said, "What for?"

I mean,
you have nothing to do with it.

I mean, you're here
in New York with me and,

you know.

He said,
"I'm sure that it's nothing.

They just want to, you know,
they just want to talk to me."

[Mike]
As soon as I got back,
the first thing I did was call

the chief of police
because I was friendly with him.

I said, "Chief, what's going
on here?"

He said, "Oh, nothing, nothing."

He says "They're doing
an investigation."

I say, "Well,
if they shot Hal Levine,

are any one of us in danger?

What's going on here?"

He says "No."

He says, "This has nothing to do
with you people,"

for what he knew,
from what he knew.

[♪♪♪]

[♪♪♪]

[♪♪♪]

Right after Hal Levine
was murdered,

I was approached by the owner
of the Denver magazine

who came to me and says,
"Mike,

I'd like to do a story on you.

And I think this would enhance
your business tremendously."

I say, "Fine."

"I want to go into your police
background

and all the things that you did,
and we'll do an article on it."

[rock music playing]

[Mike]
When the Denver magazine
came out in December,

everything seemed to be
turned around.

[♪♪♪]

He took the most provocative
pictures

and he headlined it
'The Colorado Godfather'.

I laughed at it.

I laughed at it.

Well, listen, if this could
bring in business

to Mike's place,
why not the hell?

It was supposed to be like a
conversation piece when people

went to the restaurant.

You know, I don't know.

You know, you put a pinstripe
suit on him

with his little gray

and his glasses,
he looked a typical boss.

[Mike]
If you take a look at the
article itself,

a lot of it was derogatory.

Some of the things I said
were twisted.

And it makes you look like you
are involved

rather than not being involved

in organized crime,
is what I'm saying.

They wanted to just paint a,
a picture

of Colorado having a Godfather

the way the movies were,

and nothing could be further
from the truth.

I believe that that's the reason
why the article was written,

because at that time, earlier,
prior to that,

movies have come out about
The Godfather.

Godfather I, Godfather II,

and people started to take
an interest

in what was happening with
organized crime.

[indiscernible speech]

NEWS ANCHOR:
Mario Puzo's The Godfather,
one of the best-selling books

of all time with more than
10 million copies in print;

a book about a particular
segment of our society,

so unique and accurate
in characterization that

its impact has been felt over
and over again

throughout the world.

[Screaming]

ALAN:
The evolution of the public's

perception of organized crime
changed

dramatically
after the late 1960s.

Everybody was fascinated
by this.

ANNA:
My husband, Tony, being Italian,

had always wanted a Cadillac.

ANNA:
So, when we went out to Denver,
of course,

we drove in this Cadillac.

We got lost.

So we didn't know
where we were going.

Here we are in this small town
and we ask for directions,

and this guy that comes up
to us

puts his head in the window,

looks this way,
looks that way, looks at us.

And he says,
"Are you Mafia people?"

Out of the clear blue sky.

So, that,
that Cadillac

really gave people
the wrong impression.

ANNA:
But we were hysterical.

We thought it was so funny
in this tiny little town,

being thought
of as Mafia people.

And I'm assuming that when we
went to Colorado,

we were looked upon
in the same way.

Somewhere in one
of the articles,

there was mention of this,
people coming out there with

this great big Cadillac.

Obviously, they got the wrong
impression

at that time.

They didn't know how much we had
to struggle to pay

for that stupid thing,
you know?

MIKE:
So, when they wrote
this article,

it kind of, uh--

added to the mystique and this
was what they wanted.

This was what Denver
was looking for.

This was what the Organized
Crime unit was looking for,

to salvage themselves.

MIKE:
The sergeant in the

Organized Crime Strike Force

went before
the legislative committee

and he said, "Don't disband us."

He says "This is an organized
crime case

and we will solve it for you."

ALAN:
They needed a high profile case.

They were funded through state
allocation of funds,

and without those funds,
the unit would disappear.

So, you could say that's
one reason.

If you take the Organized Crime
Strike Force

point of view, that they believe
that organized crime

was involved in this and that
this was some

grand conspiracy
with the New York mob

or whoever they thought.

I don't believe that.

I think it was a high profile
case that,

quote, makes careers and they
wanted a piece of it

and they pushed everybody
else aside.

They saw Mike Borrelli,
an Italian, from New York

and a retired detective.

And these are all the elements
that would make an organized

crime in their mind.

And they made me a target
and they came after me.

[Indistinct speech]

CINDY:
I think they liked having
this group

where they were independent,
somewhat, and could,

could do what they wanted to
pursue the cases

they wanted in,
and they were big deals.

CINDY:
They enjoyed being big deals.

If that involved, you know,
connections

to Elvis Presley or whatever,

well, that was great.

They were doing lots of things,
not necessarily illegal,

but they, they were the guys
out there

who were leading the parade.

And they liked that.

[blues music playing]

CINDY:
Elvis brought cars for a lot
of people,

Kennedy from the police
department,

Ron Pietrafeso, Cantwell.

CHUCK:
Well, bought one for one
of my good friends.

DIRECTOR:
Sorry, who was that?

Well, I shouldn't use his name,

but it was a good friend that
saw him and,

gave him a car.

[Blues music playing]

And I know one of them that,
got one of the cars.

He was sort of a bodyguard
when he came to town,

and in fact,
he's a friend,

not a real close friend,
but I wouldn't want to say

anything about him.

But, yeah, that's true,

that they were getting things
like that.

And I think probably a lot
of free meals in restaurants

and that type of thing.

There were certain allegations
that,

regarding that situation,

because when Elvis
came into town,

his protection unit came out
of the police department

and some of the Organized
Crime officers as well,

that were, you know,
protecting him.

When Elvis was having these,
you know,

constant drug problems and he
being supplied drugs,

people were wondering, well,

you know, how is he getting all
these drugs

if he's being protected
all the time by

Denver City police officers,

albeit off-duty
or organized crime officers.

NEWS ANCHOR:
Elvis Presley died this
afternoon,

Memphis-time, of respiratory
failure at the age

of 42 at the Baptist Hospital
in Memphis, Tennessee.

Presley was so close to the
Denver Police Department,

the news of his death
was broadcast

on all Denver police channels.

One of Presley's policeman
friends

is Detective Bob Cantwell.

He met the singer while working
as an off-duty guard

at a concert.

He was one of four Denver
policemen who got a Cadillac

as a gift.

Hanging outside his,
the condominium there

with a couple of wives of some
of the people with him.

And it happened to be a star
go by

a shooting star.

And he looked over to me,
tapped me on the shoulder.

I just arrived up there
and I'd been down in Denver,

just got up there.

And he said, that must be
your lucky star, Bob.

And I said, why, Elvis?

And he said, because I want you
now to go down

and pick out any kind
of a Cadillac you wish.

He said, I think you should take
a Seville, though,

because it fits more
your personality.

And I said, "Fine," you know.

NEWS ANCHOR:
All of the Denver officers
who received Cadillacs

are on their way to Memphis
for the funeral.

CINDY:
The cops in that era
flew pretty high.

They did a lot
of stuff.

I don't know that it was
dishonest,

but they,
they flew pretty high.

[♪♪♪]

[♪♪♪]

MIKE:
I got a call from my attorney.

He says, Mike,
you're being indicted.

I said, for what?

MIKE:
I went to his office
and he says to me,

"You're going to be indicted.

I don't know when, but they're
going to let me know.

I made arrangements
to turn you in."

Soon as I left his office,

I got surrounded by three
squad cars.

[siren wailing]

They grabbed me, cuffed me,
took my weapons

because I had permits to carry
my weapon and booked me.

LIZ:
I was devastated,
to say the least.

I said, how could that be?

He wasn't, he wasn't even here.

What are they, you know?

MIKE:
And the news media was there
waiting, taking all

kinds of pictures
as we walked in.

PRESS:
Borrelli, Borrelli!

PRESS:
Is it true you're a godfather
in the New York Mafia?

MIKE:
The organized crime figure
finally got locked up.

If you yell 'mafia',
you sell newspapers.

If you yell 'mafia',
you put fear in the hearts

of the people and that's
what they did here

in this case.

You've got the articles
in front of you.

-PETER: I sure do.
-MIKE: Colorado takeover.

My God, what a ridiculous
statement.

I'm as much affiliated
with organized crime

as the man on the moon.

And everyone I know,
knows that.

KIM:
The organized crime mystique
again came out of the

Organized Crime Strike
Force promoting this idea.

[♪♪♪]

So they were, through the
Organized Crime Strike Force

and the newspapers,

they were trying to make
this up to be a,

you know,
a big organized crime thing.

[♪♪♪]

No, we're not claiming that
he is mafia.

He has mafia associates.

[♪♪♪]

Papers said I was sent there by
Vito Genovese to take over the,

[chuckles]

to take over Colorado,
take over the operation.

There was no operation
in Colorado.

MIKE:
I said "The mob, that's
out there,

have to be laughing at these
people."

And I'm sure they were,
because they, nobody knew me.

Nobody knew I was affiliated
with anybody.

We could never be.

LIZ:
It was unbelievable
because my husband

was never with any mafia.

We, we live the simple life.

We didn't have any mafiosos
come into my house.

Family.

Was all family and friends.

He had absolutely nothing to do
with the mafia.

I knew most of the people
in the Mafia, you know,

the bosses and all,

and Mike, he had nothing
to do with them.

LARRY:
The only association he may have
had with them is

if he arrested one of them,

but that would be the only
contact Mike would have.

But him having actually?

No, absolutely not.

No ways.

He wasn't lying
in bed with them.

No, absolutely not.

ALAN:
A connection with the mob
was just a fantasy.

I don't know how they could ever
reach that conclusion,

other than Mike Borrelli,
the last name was Italian.

DIRECTOR:
He wasn't a 'made' member
of the Mafia?

We never alleged that.

I mean, I don't think he,
I don't think he was,

you know, we didn't allege it
and I don't believe it,

but...

But they painted the picture
by innuendo,

by the Saccone matter,
with the money,

things like that.

DIRECTOR:
Do you remember which organized
crime figures

he was associating with?

Well, Annunzio Saccone, for one.

I mean, that's, that's

I mean, there's no question
about that.

Annunzio Saccone was arrested
in Michael Borrelli's apartment.

[Chuckles]

[Indistinct chatter]

MIKE:
When I was locked up,
I was with a fellow by the name

Annunzio Saccone,
who was a friend

from New York who used to come
to Denver to visit.

He came often
and he happened to be with me.

When they saw the name
Annunzio Saccone,

they ran to the courthouse
and they got a warrant

to arrest him too.

Unbelievable.

ALAN:
They indicted him.

He lent Mike some money at one
time, $10,000

or $20,000,

and because of that,
there's a mob connection?

There was never any evidence
that Saconne

was ever involved with the mob.

I think he had one misdemeanor
for some petty bookmaking that

he paid a hundred dollar
fine on.

But according
to the Denver media

and the organized crime unit,
he was a key mob player.

KIM:
We would laugh about it because
if you, if you spent,

if you spent two hours with
Annunzio Saconne

as it related to organized
crime,

you would realize that
this guy couldn't organize

an Easter egg
hunt for a six year old.

I mean, he was just that kind
of a, kind of a doofus guy.

SACCONE:
Why don't ya come on
the elevator?

DIRECTOR:
But he was a small-time bookie,
right, and he was,

he was like a 'made' member
of the Mafia.

I don't know.

I mean, I've heard various
things about that.

And I can't say that he was
and I can't say that he wasn't.

Eventually, they just had to
drop everything against him

because there was no
way he was involved in anything

and they knew this.

It was unbelievable.

This is what they did.

The homicide had an idea

who was involved with this

because a Buick was seen leaving
the scene of the homicide

and I had bought a Buick that
I left with my bartender.

What they did, they got a hold
of my bartender

and they said,
"We're not looking for you."

If they had arrested
my bartender

and the guy who was with him,

who committed this crime,
it would have been over.

There was no organized crime.

All they wanted for him
to say was that

Mike Borrelli ordered this
thing done.

[♪♪♪]

ALAN:
Terry Lee D'Prero was
an employee

that someone on Mike's staff
hired as a bartender

at the restaurant.

A kind of a charismatic,
handsome young man,

nice looking, well-spoken.

Eventually,
he was promoted to a manager

and he was a nutcase,
an absolute total nutcase.

Unfortunately,
when Mike hired him,

he didn't know his background
because Terry lied about

everything in his whole life
and he had been

in jail for drugs.

Terry turned out to be the star
prosecution witness

who alleged that he didn't
shoot Mrs. Levine,

that he didn't shoot Hal,
that in fact,

it was Bob Davis
and Bob Davis was the shooter

on behalf of Mike Borrelli.

PETER:
Who is Robert Davis?

MIKE:
Robert Davis, was a partner
of mine

in the New York City Police
Department.

And he came out here to visit me
in September of 1975.

He came out here during
the police convention.

I got called in

to my lieutenant's office

and he told me that

there was an
arrest warrant from Colorado,

for a murder in Colorado.

And, and I was named
in the arrest warrant.

[Exhales]

It was traumatic when I heard
they'd picked him up.

I couldn't believe it.

I couldn't believe what was
going on with my dad.

I kept saying they have
the wrong guy.

MELODY:
Not my dad, you know,
not my dad.

BOB:
There was an allegation
made that

Mike Borrelli paid me $5,000,

to come to Denver

to kill Hal Levine.

That is not true.

That is absolutely false.

That is a lie.

All of that is a lie.

MELODY:
Police department,
they disowned him.

Here my dad is, a police officer
on the force

for so many years,

got a good record,
a clean record,

and they wouldn't even help him.

And I was angry at them.

I just couldn't believe that
they would turn their back on

one of their own.

BOB:
It's hard to explain

because all the feelings
just get,

get sucked out of you

when you're informed that

one day, that, your friend
is under arrest

and then, that,

and a couple of days later that
you are under arrest

for a crime that happened
someplace else.

It was,

it's still unbelievable.

MIKE:
Bob came up to visit,
sometime in September,

and he just came to see me
because he was my partner

from New York.

He came like everybody else came
and he came with his son.

BOB:
I came to see Mike

late September
of 1975

and spent some time with him

and the family and everybody.

MIKE:
And when he came,
he was sitting at a table

with Hal Levine, myself
and Chief Art Dill.

[♪♪♪]

That night,
Hal Levine was having trouble

with the chief of police.

It had to do with a fellow by
the name of

Vincent Miraglia,

who claimed he had five million
dollars worth

of Mexican bonds.

So, Hal being in debt,
was interested

in getting these Mexican bonds.

MIKE:
So he was telling the chief
about this

and the chief didn't want
anything to do with it.

BOB:
While Chief Dill
and I were talking,

Mr. Levine seemed to get ill.

MARGE:
He was very nervous.

And I didn't know what was wrong

because he was acting
very strangely.

MARGE:
And eventually he did leave
the table

because he was quite sick.

MIKE:
Bob sees him go into a fit.

He goes over,
gets a napkin off the table,

wets it and takes care
of Hal Levine, puts it

on his forehead until he comes
out of the fit.

BOB:
I asked him if he needed to get
to a hospital,

and if he needed an ambulance,
and he said no.

So I sat with him

until he seemed to be
feeling better.

So, when Hal came out of that,
Hal said to Bob,

he said, "Look,"
he says, "I'm throwing a party

at my girlfriend's house."

He says, "I'd like you to come."

So that night, I gave
my bartender the keys to my car

and I told the bartender
to take Bob

to his girlfriend's house.

And Bob wasn't doing anything.

He didn't want to hang
around the bar,

so he decided to go there.

BOB:
I didn't know the addresses
and I didn't know my way,

you know, around.

So, I depended on D'Prero

to try to find this, this place.

MIKE:
They were looking
for Sally's house,

because that's where Hal Levine
was throwing the party.

Even though he's married,
he had this girlfriend

on the side, Sally.

[♪♪♪]

MIKE:
They had trouble locating it

and there was a security guard
there.

Security guard comes out
and Bob identifies himself.

He asked us where we were going

and we tried to explain it
to him

and asked me who we were.

BOB:
And I told him who I was.

And I also identified myself to
him as a New York City police

detective and then, moved on.

Now, here's the ironic thing
about this.

MIKE:
When they decided to charge
Bob with stalking,

they took all the events
of that night

and put it into the night
of the killing.

And they got Terry D'Prero to
say that he picked them up

and they were stalking
Hal Levine.

[♪♪♪]

HUMPRHEY:
We had Officer Malone seeing

Robert Davis in the basement

of Hal Levine's girlfriend's
apartment,

and that is something it took us
some time to find out because

D'Prero told us about that,
but he was not able to tell us

where it occurred.

He said that we went there to
look for Hal Levine.

He was going to set up and wait
for Hal Levine,

but he could not tell us
where it occurred.

When we then traced

back through the girlfriend
and find the apartment

and go there, lo and behold,

Officer Malone says,
"I stopped Bob Davis

in the basement
of the apartment complex"

and he told me," I'm here
on official business."

And he flashed his badge
and I took down his name

and date of birth.

And that's why the officer
backed off, took his name

and date of birth and backed off
and didn't do anything.

[♪♪♪]

DIRECTOR:
According to the judge's notes,
he didn't say the Bob said

he was there
on official business.

He said that Bob
was there visiting a friend.

What he told us, and to the best
of my recollection

what he testified to
is that Davis told him,

I'm here on official business.

[♪♪♪]

BOB:
No person, I believe,

would go over to anyone

and identify themselves

if they had some type of
criminal intent

in their minds.

BOB:
It just doesn't make any sense.

They wouldn't be saying
"Hi,

my name is Bob."

If you're going to stalk
Hal Levine,

you're not going to show
your shield.

[♪♪♪]

[♪♪♪]

I have no personal recollection
of what

Officer Malone testified to.

What is reported
in the newspapers,

that he testified it
was October the 6th.

[♪♪♪]

And I have access to no,
none of the case files now, so,

if it's not in the newspaper,
I'm doing it from,

from my memory.

I mean, there's a few notes
that I have,

but that's about it.

I think that the security guard
testified

pretty accurately that
it was sometime

in late September.

[♪♪♪]

In fact, during Bob's trial,
from what I heard when they had

this security guard there,

they asked him when was it?

He says, "I don't remember,
but I think it was

in September."

NORM:
The security guard will
basically place it in September,

as you just described,
instead of, of in October.

I mean,
if it was late September,

he would have still been
in the act of find,

waiting there for Hal Levine,
because it was our understanding

that when he came out initially,

he came out with the intention
of killing Hal Levine.

HUMPHREY:
However, for a variety
of reasons, one reason

or another, he determined that
he could not do it then.

He returned
and then came back out again.

[♪♪♪]

[♪♪♪]

DIRECTOR:
So if, if it was two weeks,
thereabouts,

that D'Prero learns that Bob's
the guy because Mike

has told him, David Cortinaz,
when he testified,

he said that it was
five days--

I believe he said
September 30th, Cortinaz.

DIRECTOR:
Yeah, he said five to 10 days
before the hit.

JOEL:
Yes.

DIRECTOR:
He'd been approached
by D'Prero and asked.

JOEL:
Yes.

DIRECTOR:
So timeline wise,

if two weeks prior to
the murder,

if you knew that Bob
was the guy.

I didn't say that.

I said I would have to review
this yet again

to say specifically when he
learned that.

At the time of the homicide,
at the time, he met him

immediately in the day or day
and a half

preceding the homicide,

by that time, he knew

that it was Bob that was going
to come out here and do it.

That's why he didn't have to ask
him what he was here for.

I would have to review
this again.

I believe, to the best
of my recollection,

that Borrelli had told him that
just before he left

for New York,
which would have been within

that same week.

However, I could be wrong.

I would have to review that
to be specific.

As in regard to what happened
on the 24th,

D'Prero, after everything had
occurred,

assumed that it had been
discussed on the 24th.

But not with him,
and he assumed that they had

done something,
but that's not because anyone

told him that they had done
something

to further the conspiracy.

DIRECTOR:
So why is it, I don't know
if you ever had a conversation

with D'Prero about
this, but why is it that,

five to ten days before the hit,

was he still looking for someone
to do the hit, namely?

And yeah, he explains
that in there.

He said that he did not do that

based upon a request
by Michael Borrelli.

He did that on his own,

and I believe at one other time,
he said that he just wanted,

Michael had befriended him

and he thought he owed it to
Mike if he could help him.

And that's why he contacted
Cortinaz.

DIRECTOR:
So he just took it upon
himself--

Yes.

DIRECTOR:
To try and find a hitman.

Yes.

[Chuckles]

Well, he's a helpful guy.

I don't know what to say.

[♪♪♪]

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