All language subtitles for Between.Black.and.Blue.S01E02.720p.WEB.h264-OPUS

[♪♪♪]

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.

[♪♪♪]

[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.

[♪♪♪]

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.

[Door opens and closes]

[♪♪♪]

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.

[Camera clicks]

[♪♪♪]

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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