Original subtitles

[♪♪♪]

DIRECTOR: I don't know if you ever had

a conversation with D'Prero about this.

But why is it that five to 10 days before the hit,

was he still looking for someone to do the hit?

HUMPHREY: And yet 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

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 go and try to find a hitman.

Yes.

NORM: [Chuckles]

Well, he's a helpful guy.

I don't know what to say.

JUDGE: There was a first attempt to try and kill

Mr. Levine that was not successful.

[♪♪♪]

ROBIN: They attempted to get him

when his car was parked at that little sports bar

that we'd had.

MARGE: I stopped by because he needed to talk to me.

When I got there, Hal Levine was there.

He said, "I'd like for you to talk

to Chief Art Dill

as soon as you can and ask him to call me."

And I said, "Why don't you just call him yourself?"

And he said, "If you ask him a favor, he'll grant it."

But he says, "I'm not sure whether I can

get him to return my calls."

And I said, "Well, all right."

While we were talking there was a commotion outside.

They slit his tires

and they were going to shoot him then.

ROBIN: But he walked out with somebody or there were

a lot of people around

and it just wasn't a good time to do it.

And he came back in very shaky,

very scared.

MARGE: And he touched my arm and he said,

"You got to know how important it is that

I hear from Art Dill and I need to meet with him."

And he was terrified and I knew it was extremely

important.

He felt helpless, but he knew who it was

and he knew the reason why, and he knew it wasn't Mike

or he would never have asked me for help.

Terry D'Prero told us that on October the 6th,

they went to the Play Pen, which was a

another bar owned by U.S. Hamal.

It was located on South Monaco.

That they went there and slashed the tires

of Levine's car and that Robert Davis was going

to shoot Levine when Levine came out to get into the car.

However, when Levine came out, accompanied by Sibert,

Davis chose not to do that.

And in fact, when we talked to Sibert,

he said yes that night Hal Levine was with him.

And yes, they did come out and the tires

of his car were slashed.

So, the information that the D'Prero gave us

was corroborated by a number

of other things that we could prove.

The prosecution says, yeah, we may have

a few discrepancies in Terry D'Prero's story,

but we know he's telling the truth because...

It was just like the appellate court said there was sufficient

corroborating evidence of Terry D'Prero story.

Well, what are those corroborations?

The fact that Terry D'Prero was involved like

the flat tire the night before the homicide.

DIRECTOR: We know Terry D'Prero being there.

Yes.

DIRECTOR: But it's only Terry D'Prero

saying that Bob was there.

Yes, that's correct.

DIRECTOR: There was no other witness or anything that puts Bob

at the Playground that night.

-No. -DIRECTOR: Okay.

DIRECTOR: So that's a part of the story that could be

corroborated?

It does corroborate because the D'Prero says that,

"This happened." Had he been making this up,

he would not have known specifics like that.

All that proves that Terry D'Prero was there

or was told it.

I mean, who knows?

HUMPHREY: We also learned that

on October the 6th, the night before the homicide,

that Robert Davis and Terry D'Prero had met

with two women in a bar

in the 600 block of South Colorado Boulevard.

Rita Popenhagen and Sybil Harrelson.

RITA: My friend Sybil that I grew up with,

invited me out to have a drink

and we were going to go to the Cherry Creek Inn.

SYBIL: Oh Rita, just a wild child

and she's always ready to party.

So sometimes I'd call and she'd go,

"I just thinking about you,

where are we going to meet tonight?

She'd say it'd be a girl night out."

DIRECTOR: And how often would you guys go out?

SYBIL: Oh God.

It'd be like

twice a week.

Three times a week.

We used to meet

and go out for drinks and I really,

really looked forward to that.

RITA: I was planning on buying my own bar.

I had this one man and he asked me if I cared

if it was a mafia money.

And I said, "I don't care where the money comes from."

I just wanted to have this bar

and I knew there would be contracts

and I'd have to pay it back.

The Mexican mafia, they're the ones that said there

would be someone from New York

named Bob Davis

that was going to meet me at the Cherry Creek Inn

with Blue this night.

But now you got me curious about the Mexican mafia too.

That's kinda-that's weird.

You wonder how that came about.

DIRECTOR: Now, did Sybil know, cause Sybil was with you guys

that night.

Did she know you that you were meeting someone there

to get this money?

Not really.

We weren't that close.

We've known each other since school.

Yeah, grade school.

And everything.

She's my bud.

We'd talk kid, Bluebirds, campfire,

umm, her husband, my husband, nothing.

She doesn't care about that part of my life.

Oh yeah.

We were always gonna were always gonna open a bar

and doing all this stuff and everything.

We'd laugh, we were always going to do something and everything.

We never did.

But Rita was always ready.

She wanted to do a bar, this or that.

DIRECTOR: And how much money was Bob supposed to be bringing out

from New York?

Hmm,

hundreds of thousands.

But no, he never said he'd bring in money.

[Laughing]

Oh, my God.

RITA: They contacted Blue, I guess,

and said that, you know, she'll be there at this time.

And that money would come from New York.

And there was Bob Davis.

That's the way it would have gone down.

I have no recollection of that at all.

I mean, I just remember there were two women

who said Bob Davis is with Terry D'Prero the night before.

DIRECTOR: Alan Dill, who was Mike's attorney in court,

asked you how much you had to drink.

Yeah, he did.

And and knowing my--

me, I think five is probably my limit.

ALAN: And the prosecution called her as a witness.

She denied being intoxicated.

And then when I got into the cross-examination,

there was a substantial bar bill

and that she admitted to me that she had had

10 or 12 drinks.

Oh, please.

And that's probably what I said.

Oh, go back to the bartender.

[Chuckles]

REPORTER: In court today, defense attorney...

ALAN: So in the prosecution's case, no, I had one or two drinks.

Subject to cross-examination, it was 10 or 12.

Certainly a jury would have had to question her credibility

as to what she recalled.

SYBIL: They said, "How much?"

And I said "Well, I paid the tab and I can't remember now."

But it was like over a hundred dollars.

And back then, the drinks were like $1.40,

$1.30.

They said, "And you drank all of 'em?"

and I said, "Well I drank half.

Rita drank the other half."

And we did have people sitting in

and we did have these people that visited us.

Oh my God.

NORM: Well, a number?

I'm not sure I could do 12 drinks,

but if I did, I would be under the table literally.

I mean, that is,

I can't imagine somebody who's consumed that much alcohol

could be a reliable witness.

That's something you can-- a juror can certainly factor in.

But you have to remember,

she identified Robert Davis's picture.

And this is not like saying--

I mean, she could have probably identified Terry D'Prero's

picture she-- because she had prior interaction with him.

But Terry D'Prero says, "I was there with Robert Davis"

and we show her a photo array and she picks out Robert Davis,"

that's pretty significant.

They handed me this album and asked me

to look in there and see if I could identify

who I was sitting with?

And I said "No," because all black men look alike

and it was all black.

And, so I'm flipping through the pages

and I see Bob.

And I said, "There he is, the man I was sitting with."

And they said, "Well, that-- that's the killer.

There was a murder."

"Oh, my gosh!"

He had like a gold tooth or something,

and I remember that shininess when he was above me

at Cherry Creek Inn because it was so dark in there

that the light hit off that.

And you could see there was something bright in his mouth.

DIRECTOR: Do you recall which tooth it was?

It'd be like the left front

facing me.

I'd be looking at his right,

but it would be his left front.

DIRECTOR: Did you at any point ever have any gold teeth?

Absolutely not.

[♪♪♪]

[♪♪♪]

DIRECTOR: When you picked out Bob Davis, did he have a gold tooth?

SYBIL: You know what?

I can't remember.

When he was turning in and going back

and forth because I had to step forward, had him smile

and the whole thing and turn and everything.

And I don't remember seeing the tooth.

I just knew when I looked at him in his eyes

and saw him, I knew that was that was him.

That was the guy that I had seen.

Isn't that funny?

Because I didn't relate to the mouth there.

And yet that was the main focal thing

that I picked him from.

DIRECTOR: And the gentleman that he met that night.

What color was his hair?

It was it was dark, like like skin.

He's like-- he's almost like a mulatto.

ROBIN: Davis being part of the puzzle...

was was interesting because my mom felt that

he wasn't the one.

The D.A. said he was the one.

And my mom swore to it.

KIM: She indicated that the first person being D'Prero was

standing right next to her when she was shot and the--

what she described as the pasty faced man

was behind him.

My mom swore

to her dying day

that Davis wasn't the guy.

She saw somebody who is mulatto;

now, which-- and Davis is a very dark colored man.

You know, she swore it wasn't him.

BOB: If I were in that room

where that poor guy got killed

or where his wife was injured,

I'm pretty sure I would have stood out--

very, very definitely--

as a black man.

[Indistinct radio chatter]

MIKE: All detectives in the city of New York,

when your tour is over,

you're supposed to call in and say you're finished

for the day.

If you're not in a station house or you're on a case,

you would call from wherever you are

and the clerical man would sign you out.

It's normal procedure.

And on those days, on that day, including other days,

Bob was signed out by the clerical man.

So, they use this against him.

You did not sign yourself out.

So, you must have been in Denver.

Which was false

because Bob submitted what we call

UF51 supplementary reports

on cases that he was working on for that day.

He submitted those reports and they're in,

but they paid no attention to that.

BOB: My visit to Denver to visit Mike was

before Hal Levine was murdered.

I did not make any other trip to Denver.

There was no manifests or tickets

or security film.

There was nothing.

They presented nothing to show

travel back and forth from New York

to Denver during that time.

The weapons were found in a sewer

and we just laughed.

I said, "Now maybe they can find out who did it."

[Radio chatter]

BOB: None of the guns were traced back to me.

There were no fingerprint evidence or blood evidence.

There was no forensic evidence at all.

When we worked in New York, both Bob and I

and we worked homicide,

the first thing we did when it was a shooting,

we'd go to the nearest sewer and we comb the sewer to see

if there was a gun in that sewer.

So, for Bob to have committed this

and thrown the guns in a sewer,

was the most ludicrous thing we ever heard of.

DIRECTOR: D'Prero said that after the murders,

as he was racing Bob to the airport, they got rid

of the guns in a sewer.

Would you be surprised to know that that sewer

was one block away from where D'Prero lived?

ALAN: I wish I would have known that.

I probably could have figured that out,

but I never figured that out during the trial.

I think it's very important if it's close

to where D'Prero lives,

a matter of a block or two.

DIRECTOR: So as far as the decision to put the guns in the sewer,

who do you think is more likely to make that decision?

ALAN: Who lives right by it?

Certainly, it would be illogical to me

for an experienced detective to do that.

And it's certainly a block or so from his house.

It would be more consistent, logically

to assume that it was D'Prero.

SYBIL: So that makes you think, "Wow,

maybe he did do this."

Because the weapon's right here and he lives right here,

this is right here and yeah, so you don't know.

When I analyzed the case from the beginning

and devised my trial strategy,

an important part of that trial strategy

was to tell the jury

who Mike Borrelli was.

And obviously you'd have to tell them who Bob Davis was.

20 year veterans of a police department.

They've seen countless homicides.

They've seen how they've been accomplished.

They've seen how people get caught,

how people are prosecuted.

And then to think that Mike Borrelli would hire

Bob Davis, his partner,

who had been to Denver before, people knew--

that he would tell Bob Davis

to come in Mike Borrelli's own car

in the middle of the morning

to commit a murder?

Absolutely preposterous.

Someone with that experience, you would have to try

and sit down and devise a plan how to be caught

to raise that many red flags.

Cantwell wanted me to

plead guilty

and testify against Mike Borrelli,

and for that they were willing to take

the death penalty off of the charges.

I told them that I am innocent

and Mike is innocent.

And if they're seeking the death penalty,

then they better send me to the gas chamber

because it's not going to change.

[♪♪♪]

ALAN: Terry Lee D'Prero was the case.

Without him they couldn't have even charged them.

But they got what they wanted, a nice story

from someone who probably did the shooting

and who knows his motivation.

Was he trying to curry favor with Mike?

Was it a scare tactic that he went there to

scare Hal Levine gone bad?

Whatever the motive is, he was the case.

We were surprised by the deal

that they made with the D'Prero because he basically walked.

ALAN: Terry D'Prero was granted immunity.

That means he couldn't be prosecuted for anything he did

or any testimony he gave.

It was certainly imprudent to give him immunity.

Either he fooled them or they were complicit

in not investigating completely

before they granted immunity.

Once they granted immunity, the game's over.

He can say whatever he wants and walk away from it.

It is highly unusual

for a participant in a murder case

to get full immunity.

KIM: You have to understand that basically what he was saying,

irrespective of his version, it was that Borrelli

hired myself and Bob Davis to go kill Hal Levine.

So he entered that house knowing that

they were there for the purpose of killing Levine.

You would normally think that

when they made a deal with D'Prero,

it would have been charging him

with some lesser crime and maybe he was going to do

five years or 10 years or whatever,

but they weren't going to ask for the death penalty

or life imprisonment.

So that's the, you know, trade off that you thought

they would have given him.

ALAN: But that wasn't it.

They gave him a clean slate and he walked away.

And after that, it was a situation,

if they don't get Mike Borrelli,

they've been made fools of.

In every homicide, not in every homicide,

but in the majority of homicides,

particularly conspiracies,

organized homicides,

you have to be able to turn someone

and have them testify.

And there are old sayings,

"There are no swans in the sewer"

and that, "Crimes conceived in hell,

do not have priests as witnesses."

And you were not going to get anyone that is

pure and holy to be a witness

in that type of situation.

For a prosecutor to have to stand up in court

and say we gave this guy--

a participant in a murder,

a full walk.

I mean, most jurors should not believe

anything that witness says from that point forward.

KIM: The case came down to believing

or not believing D'Prero.

We knew he had been convicted down in Colorado Springs

on a narcotics charge that occurred in 1972

and just went down there and spent a day

in a room going through all the records of those charges.

You know, I'm reading along and came to the part when he had

initially been charged and pled.

And one of the things he did was he pled not guilty

by reason of insanity.

I remember that like it was yesterday,

because I ran to the phone and I called Al and

I just said I just hit the jackpot.

We had a psychiatrist from Colorado Springs

who had examined Terry D'Prero when he was in prison

and claimed he was nuts.

And the conclusion of that psychiatrist

was he's a pathological liar.

MIKE: My attorney found these records and he was going to impeach him.

So, I sat there listening to him,

knowing that we were going to be able to impeach him.

The sitting judge would not let us put this into evidence.

That's when I started becoming concerned.

I looked at my attorney. I says, "What is he talking about?

You have to bring this in.

He's been diagnosed as a pathological liar,

he's got an organic brain syndrome,

why are we even listening to him?"

Judge wouldn't let it in.

DIRECTOR: And they also dug up in a previous conviction

D'Prero had pleaded insanity.

It was a drug charge that he was found guilty, served time for.

Did you recall that?

You know, I don't recall that, I'm sorry.

I've looked at the file and I know that that happened,

but I don't have independent recollection

of that as far as the trial is concerned.

Sorry.

[♪♪♪]

[♪♪♪]

[♪♪♪]

DIRECTOR: So maybe we just start with your name

and what your relationship is.

TIM: Uh, Tim Prero.

Real name is Timothy Prero,

I'm Terry's brother.

Like I said, I haven't seen my brother for,

you know, 30 some years and I don't even know

where he is or what happened to him or anything.

DIRECTOR: Yeah.

It says here in '73,

two brothers, one would be 28

the other would be 18.

The older brother was killed in Vietnam in '68

and the younger brother in '72.

TIM: Well, that's interesting.

The older brother still alive too.

Hmm.

Yeah, I have no idea why he'd say it.

That we're dead.

DIRECTOR: And in this report, he was diagnosed

as a pathological liar.

TIM: Well, that's what my sister says.

[Laughing]

Yeah, that when I mentioned my brother

to my sister, she goes "Ah, you know,

he's a pathological liar."

But-- so that that could be very true.

Yeah.

[♪♪♪]

When D'Prero got on the stand,

he said that the prosecutor

was his attorney and that the prosecutors told him

what to say.

And he said this on the stand.

How could you give this person

complete immunity when that

allows him to say anything he wants?

But I guess that's what they wanted.

They wanted him to say

anything they wanted.

[Indistinct chatter]

[Gavel being struck]

You aren't gonna solve a lot of these crimes unless you can

get someone on the inside to cooperate with you.

And you have to be you have to be intelligent about who you

choose and you choose someone that's truthful with you

and choose someone that's probably the least

continuing threat to society.

ALAN: There were at least 20 or 30 instances

of outright lies by D'Prero.

"Well, I had the white gun.

No the black gun.

No, I picked him up at the airport.

No, I was standing here.

No, I was standing there.

Where did you hide the guns?"

KIM: D'Prero said that he had ski masks on.

If you think in terms of the fact that

Hal Levine had let them in the house,

and it's kind of laughable that he would go to the front door

and see somebody there with ski masks on

and allow him in the house.

He changed the attire story three or four times.

Each time he testified it was a different version.

[Door opening and closing]

[♪♪♪]

Then D'Prero had indicated in his testimony that

at the murder scene that he was carrying the gun

with the ivory handles.

The forensic evidence show that

the ivory handle gun

was the gun that killed Hal Levine

and injured his wife.

And the gun with the black handle

was a gun that jammed and no shots were fired.

He later changed his testimony to that

he was carrying the gun with the black handle.

The position that Terry D'Prero said he was in

in the grand jury testimony was the position

from which the shots were fired

because of the splatter of the gunpowder.

So, there were another one of the

unequivocal scientific indications

that D'Prero was the shooter.

Well, then when the science comes back,

Terry D'Prero changes his testimony

to fit the science.

And the Organized Crime task force and the DA's office

and the press knew he was lying about the guns

and they still accepted whatever he said

just to get a conviction.

[Indistinct chatter]

Oh, because Davis, supposed to have shot

Levine down there on the kitchen table

or whatever it was, and

and that he did the shooting upstairs with the same gun.

Yeah.

Mhm.

Yeah.

-Who did the shooting you know? -DIRECTOR: Yeah.

-DIRECTOR: Yeah. -Huh.

HUMPHREY: D'Prero, he was inconsistent on--

he was inconsistent on a number of things in his background.

But his story regarding the homicide

remained relatively consistent.

I'm sure as conscientious

and as skillfull as Chuck Brega was,

that he had also said

that the pistol had a white handle

when he was first interviewed,

that Chuck Brega would have cross-examined him

regarding that also.

ALAN: His first version, obviously,

to the grand jury,

you would think would be the most accurate

because that was closest in time to the crime

and it, as I can understand,

some details would change over four or five years,

your recollection diminishes,

but generally your first recollections

are the most accurate.

If those recollections were correct,

he was the shooter.

But once he got immunity, then did he have to back away

from the scientific evidence?

Of course.

TIM: And Terry had said that

they had figured that he had been there at the time

at the house and because he had

a prior record, that they basically

put the squeeze on him and said, "Look,

you know, you're going to be in prison the rest

of your life unless you cooperate with us."

DIRECTOR: If I'm D'Prero, I'm basically looking at

potentially the chair, because I know the cops know

that I was there, and now Mike Little is telling me

that the only way I'm going to get my immunity

is if what I tell you

helps to convict Mike Borrelli.

It has to be truthful testimony

and it has to if you provide this information,

you have to follow through with it

that you don't tell us now

and then refuse to ever say it again.

You have to follow through with

providing that testimony

whenever it is necessary to complete this.

And it has to be truthful.

It would be safe to say

that it was a very narrow investigation.

They picked Mike Borrelli

and it was Mike Borrelli,

Mike Borrelli and Mike Borrelli and nobody else

other than, of course, Bob Davis's alleged participation.

[♪♪♪]

[♪♪♪]

NORM: The D.A. did not turn over

many, many notes,

both from Shirley Levine

and from police officers

interviewing Shirley Levine about the event,

and that was not disclosed

to Chuck Brega until after the fact.

[♪♪♪]

In the initial interview she just said, black man,

and that was at the scene.

At a later interview, she said she thought

he had a pale complexion.

NORM: One of the police officers who interviewed Shirley Levine

tried to justify that difference

by saying, "Oh, I think she was confused

about the white gunman," i.e.,

who the prosecution believed to be Terry D'Prero--

Terry D'Prero said it was him--, and that those

inconsistent descriptions really didn't go

to the second attacker.

And had they had these notes, it would have been clear that

that's not true.

[♪♪♪]

Her description was consistently

a description you could apply to Robert Davis,

who could apply to a lot of other people also,

but what she described as an individual

would generally fit Robert Davis's description.

DIRECTOR: According to Shirley Levine, it was a black man

who was pasty faced.

NORM: Yes, or is Asiatic.

I mean, if any lawyer would have had those notes,

you would-- they would have taken Shirley Levine

step by step

through every different description.

And that he had gray hair was

the other piece.

Well, Bob, Bob probably has gray hair now.

I haven't seen him recently, but he did not have

gray hair then.

And he's a very dark complected man.

So those descriptions did not match Bob Davis.

DIRECTOR: The victim's testimony usually carries a lot of weight.

It seems almost like that's usually

the most important testimony.

They were there.

ALAN: Always is.

DIRECTOR: So why in this case,

does the person who was in the room, who could testify to

who was in the room,

why were the police, why was the prosecution

so eager to discount that?

Because they had made up their mind

as to the guilt of the parties

and anything that was in the way

of that theory was discounted or discarded.

You follow the evidence and you go where the evidence

leads you.

You don't try and make the evidence fit your theory.

And that's what happened in this case,

is that there wasn't the following of the evidence.

It's clearly a case

of law enforcement trying to mould

the evidence to fit their theory;

so that when Shirley Levine's description

does not match Bob Davis,

then they have to come up with a reason why that's so.

So, medication,

she was shot, the trauma, etcetera.

CHUCK: I went over and put my hand on Bob Davis's shoulders

and I said, "Mrs. Levine,

can you tell the jury that

this is the man that shot you?"

And she said, "No."

The D.A.,

my mom was having trouble sleeping.

So sometimes she would take sleeping aids

to just kind of relax her.

And they were using that to say that

that fogged her judgment.

My mom wasn't happy about it because she stood

with what she believed.

On top of that, you have to consider that she was shot

once in the neck and twice

in the head that affected her eyesight.

She became blind in one eye as a result of that.

And you have to take that into consideration

when you consider what she did

and did not see.

ALAN: Yes, she was shot,

but that's totally inconsistent with her conduct.

She observed everything in it in great detail

and as I recall, maintained it

without any variation at all

for all of her life.

[♪♪♪]

HUMPRHEY: Judge Fullerton ruled that it was not reason

to grant a new trial and was provided in time

for it to be used in the trial.

DIRECTOR: In Mike Borrelli's trial.

But it wasn't provided in time for Bob's trial.

I can't remember,

specifically, what happened.

It very well, I mean, I'm sure it did happen,

but I can't remember it.

[Indistinct office chatter and phone ringing]

[♪♪♪]

[♪♪♪]

ALAN: There were statements in there that I believe was

Vince Miraglia had threatened Hal Levine

a great number of times, maybe 40 or 50 times.

That was certainly exculpatory to my case.

I should have known about that

but it pops up during the trial.

[REPORTER]

MIKE: Vincent Miraglia claimed he had five million dollars worth

of Mexican bonds.

So Hal being in debt was interested

in getting these Mexican bonds.

Vincent Miraglia, he reputedly

apparently had some connections

with maybe some organized crime.

[♪♪♪]

The judge didn't think that that was important,

that the jury know that.

The judge said, "Well, let's get on with the trial.

He wanted to move it along.

Somebody threatened to kill Hal Levine 50 times

and it's not important to my defense?

He never, never really became actively

part of this case.

They investigated him and decided they couldn't

pin anything on him connected with this case.

I haven't seen the FBI files, I don't know.

I mean, information was certainly turned over to

the defense regarding our interviews with Miraglia

and what people said about Miraglia.

I'm unaware of the FBI files.

I certainly never touch them and I have never seen them.

So, I don't know what is contained in them.

One of the key witnesses in the Borrelli trial

is Vince Miraglia.

The defense is eagerly awaiting to question Miraglia

on a threat he allegedly made to a Denver attorney,

where Miraglia is quoted as saying,

"I'll have you set up like Levine."

Sylvia Cisneros, 9 News.

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[REPORTER]

ALAN: I just can't imagine any good police officer doing that.

It's unethical.

It's improper.

It's illegal.

I just don't know what possessed them to do this

other than a desire for a conviction.

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They had made up their mind that it was Mike Borrelli

which was wrong and anything that was

in the way of that theory

was discounted or discarded.

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DIRECTOR: I don't know if you ever had a conversation

with D'Prero about this,

but why is it that five to 10 days before the hit,

was he still looking

for someone to do the hit?

Namely--

He, 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 go and try and find a hitman?

Yes.

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PETER: Well, now, according to the Rocky Mountain News,

September 22nd 1981 article,

David Cortinaz was threatened by Tony D'Prero

to carry out the execution of Hal Lavine.

That's correct.

Yeah, and said that the money would

come from Mike alluding to you.

MIKE: That's what D'Prero said...

PETER: Yeah.

MIKE: That's not what Cortinaz said.

PETER: What did Cortinaz say?

MIKE: Cortinaz says that he was forced by Sergeant Cantwell

on the threat of narcotic charge to testify

before the grand jury involving my name.

PETER: You're saying they boxed them in?

MIKE: And not only box him in, they paid him off.

PETER: How much they pay?

MIKE: They gave him a thousand dollars in one hundred dollar bills.

PETER: Can you prove that?

MIKE: He's testified to this.

PETER: That's on the record?

MIKE: That's on the record and I have the transcript right here

in case you want to read it.

They gave him a thousand dollars in one hundred dollar bills

and told him to get out of town.

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