Original subtitles

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.

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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.

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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.

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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.

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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.

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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.

[♪♪♪]

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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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