Original subtitles

I became a police officer in the city of Parkland

and I loved it.

MIKE: I'll tell you why, because putting on a gun and a shield

again reversed everything for me.

I was back in society.

It's a miracle, a miracle.

LIZ: It would be nice to see his partner also exonerated.

That would be another miracle.

BOB: The court's response to it was one sentence.

We've reviewed

this new information

that was not given

to Mr. Davis.

However, we don't think that it would have changed

the outcome of the decision.

That is how they summed it up.

[♪♪♪]

NORM: Chuck Brega had a little bit of the impeachment evidence

on Terry D'Prero, just based on inconsistencies,

but he didn't have, you know,

organic brain disorder,

pathological liar,

the actual documented lies

in Terry D'Prero's past,

whether he was lying about his military service,

whatever it was.

When you get these documented lies,

that's gold for a defense lawyer,

when you just walk them through.

You lied about this.

You lied about this.

You lied about this.

You lied about this.

NORM: And, and now you're facing first degree murder charges.

The foreman of Mike's second trial,

you know, basically said, look,

we thought Terry D'Prero was a liar

and that's why we rendered a verdict

of not guilty.

There are just enough of these inconsistencies

with D'Prero and then this strong testimony

from the psychiatrists and the not guilty

by reason of insanity plea that he made that,

you know, just convinced them that this guy was lying

and that there was no connection

and he made a deal to save his life.

Again, you look at what Bob Davis's

jury did not hear about Terry D'Prero

and what they heard

about Hal Levine's fear of Mike Borrelli,

which they should not have heard.

Court of Appeals said

that evidence is inadmissible

in the Mike Borrelli appeal.

The appellate court in Colorado

in Bob's case ignored it.

It's a clear case of reasonable doubt.

BOB: If Mike is found innocent

and I am found guilty of conspiracy,

with whom am I conspiring?

Where's the conspiracy?

It just, it boggles my mind to think about, about this.

They held on to the conviction that he was there

because they didn't have anything.

They lost my case later on.

And now all they had was Bob for conspiracy.

So they wanted to hold on to some kind of a conviction.

They would not grant him a new trial,

even though we tried to get him one.

But I know Mike was sure that once he was released

and found innocent, that they'd have to release Bobby.

But Mike, that's all he ever talked about was doing

everything he could to get his release.

And it really hurt Mike

a great deal.

How come Mike Borrelli is out and my dad's still in jail?

And I think that my mom went to her grave thinking that too,

she wanted to know what happened.

[♪♪♪]

MIKE: Dear Judge Fullerton,

during these many past months,

while both Davis and I

have been waiting for your decision

regarding this 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.

I have in front of me the decision you rendered

in the Davis case regarding his motions for a new trial.

Mr. Little stated Tuesday that the evidence in the case

indicate that Davis was the gunman.

Well, Mr. Little must have been at another trial.

He couldn't have been on the Levine case.

During the testimony, the real evidence came from

the only surviving witness, Mrs. Levine,

and her testimony was loud and clear.

The young athletic man,

the one with the sweater,

D'Prero,

he entered my bedroom and he had a gun in his hand.

MIKE: He came toward me.

I stepped back and he kept coming forward

with the gun pointed.

I fell backwards on the bed behind me

and he put one knee on the bed

and he had the gun pointed at my head.

Then I heard three clicks.

MIKE: Click, click, click.

And then I went limp.

She went on to state the second man,

the one with the pasty face,

he stood by the door, the entrance to my bedroom.

He never moved.

Is this the evidence Mr. Little keeps repeating

indicates that Davis was the gunman?

This is hogwash.

It's ludicrous and hypocritical.

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.

Again, this is hypocrisy.

Hmm.

A video.

Hmm, I don't remember and I may have seen it,

but it just doesn't come back to me.

Yeah.

BOB: They could not afford to say that

they made a mistake.

Somebody had to pay.

That somebody was me.

BOB: Robert Bernard Davis, you take the fall for this.

We don't care if you're innocent or not.

MIKE: The media, ironically, everything I told them

about the Organized Crime unit is showing up today

in the papers.

I predicted it

and I'm glad that somebody is finally doing something

about that unit.

NEWS ANCHOR: A Senate Judiciary Committee has begun investigating corruption

among some Organized Crime Strike Force members.

What sparked the investigation is the close personal

relationship between the Strike Force

and Michael Howard,

the editor of the Rocky Mountain News.

That's the same newspaper that printed the leaked secret

grand jury testimony in the Strike Force's case

concerning Mike Borrelli, Robert Davis,

and the 1975 murder of Denver businessman, Hal Levine.

[♪♪♪]

Michael Howard, the 39-year-old heir to the Scripps Howard

Publishing fortune and former editor of Denver's

Rocky Mountain News, went public a few months ago,

revealing he'd been a 6,000 dollar-a-week

cocaine addict.

Over several years, he confessed,

he spent a million dollars on what many users

like to call nose candy.

I snorted it.

MAN 1: Had anybody at the news ever seen you snort it?

Probably two or three dozen people.

NEWS ANCHOR: It turns out to have been common knowledge among

Denver's in crowd that Michael Howard was hooked.

But how could the police not have known,

especially since Howard's personal

part-time bodyguard worked full time

as one of Colorado's top investigators.

We're primarily concerned with the people who were the big,

quote, the big suppliers.

And there have been questions about police ties

to Elvis Presley, who died of a drug overdose.

The singer gave several Denver policemen

expensive new cars.

They gave him a captain's uniform and a police ID card.

They vigorously deny any wrongdoing in either

the Presley or Howard affairs.

But an alarmed state Senate committee ordered

an investigation.

Someone's dealing with some pretty big-time

drug traffickers if they're using 6,000 dollars

of cocaine a week

and for a four-year period of time to concurrently

associate with our top law enforcement,

yes, I guess that approach is a scandal.

[♪♪♪]

[♪♪♪]

[♪♪♪]

[♪♪♪]

NEWS ANCHOR: On Tuesday night, three Genovese Family hoods

shot a young detective to death while he was leaving a diner.

He wasn't arresting them.

He didn't even approach them.

He was assigned to watch them,

but he was finished for the day.

He was going home to his four daughters and wife.

His aspirations were always to be a cop.

NEWS ANCHOR 2: Probably because of his admiration

for Uncle Mike Borrelli,

now a retired detective.

For the last 16 years, Anthony Joseph Venditti

was, as they say, on the job.

Anthony was shot at 8:20,

8:10.

Tony and I were watching TV

and the 11 o'clock news came on,

and that's how I learned my son had been shot.

NEWS ANCHOR: Why did allegedly experienced mafiosi and accomplices

start shooting at a police officer when this kind of

surveillance is as common to the criminals as it is to the cops?

There were no answers.

I can't account for any, any, any,

any comment that I would make at this early stage

would be purely speculation.

I wouldn't make it.

MIKE: When New York formed the Organized Crime Unit,

he was part of that.

He worked with the federals, agents,

in a unit called the Organized Crime Unit.

They were doing some surveillance

on some numbers runners.

During the surveillance they had lost the person

they were surveilling.

MIKE: So, my nephew said to his partner, let's go back

to the diner where we picked them up

and if they're not there, we'll call it a night.

ANNA: And she was only his partner for the night.

They were training her.

As a matter of fact, Anthony had put together

a book with all these wise guys'

pictures in it so that she could learn

who they were if she spotted them.

This guy Giovanelli, they spotted him after they had

gone downtown to where they knew that

these mobsters hung out,

that when they came back to Ridgewood, Queens,

he started to follow them with his lights out.

Now, if you can believe this,

my son, a street-smart cop.

She claims she dropped him off. He left the car,

knowing that this guy is following them

with the lights out.

Right?

So he goes into the diner and she decides that

she's going to have this guy follow her.

What she does is, she takes her car all the way

around the block, parked the car behind a dumpster

and locked it.

She locked it.

Anthony, he comes out with a cup of coffee in his hand.

As he's coming down, he hears,

what are we going to do with this effin' guy?

Now he was a street-smart cop.

He would have been able to get out of this.

And he said, what are you going to do with that thing?

And she comes out of the blue and she starts shouting,

she has a gun in her hand.

MIKE: She says, Tony, watch it.

She drew her gun.

Shots were being fired.

Since shots were being fired, my nephew bent down

to take his gun out of his ankle holster.

ANNA: Anthony was shot twice in the back and twice in the face.

While he was on the ground, they put the last bullet in him.

NEWS ANCHOR: Venditti was killed instantly.

Burke was badly wounded, but got off five rounds.

Why then, did, what one Organized Crime Control Bureau

boss called a milk run,

turn into a bloodbath?

NEWS ANCHOR 3: In the history of the coexistence between the mob

and the cops there have always been some old understandings.

One of them, the understanding about violence.

Cops don't shoot at the Mafia.

The Mafia doesn't shoot at the cops.

Well, that held until this week.

When that broke down, a lot broke down with it.

Two reputed gangsters who could have easily fled or hidden out,

turned themselves in as cop killers.

It just doesn't work that way.

But this time it did.

Fat Tony Salerno runs the Genovese family.

It's likely he gave the order that the two should surrender.

But, hey, no one's been playing by the rules this week.

MIKE: The prosecutor at the time, he would keep her informed

of how the investigation was going.

ANNA: We met with him at one point

and I had this photo album with all the,

you know, the stories in it and whatever.

And I said to him, this is my brother

and this is what happened to him in Colorado,

in case you hear something, because I don't know

what they were going to hear

or what they were going to try and put together or anything.

And I'm sure they must have analyzed the case

and analyzed if it had any connection

to Anthony

and they never found any connection, one with the other.

There was no connection.

ANNA: It's just, such a coincidence,

I guess,

or timing or whatever just happened that Anthony

was in that unit and that he, he got killed.

[♪♪♪]

[♪♪♪]

PETER: Robert Davis, he's still in jail.

MIKE: And I'm beginning to wonder why.

What is he doing time for, something I don't understand.

PETER: He is in Cann City.

MIKE: He is in Cann City and it's a shame that

he's down there because

he's been convicted of conspiracy.

And what everybody would likes to know is

who did he conspire with?

Certainly not me, I've been acquitted.

Because of good time,

I was eligible for parole

shortly after completing eight years.

The first time they denied me,

said come back next year.

The next year they come back and they denied me again.

Time number three, I'm now at work release,

they turn me down again.

Come back another year.

I go to parole board again.

Time number four.

No, come back again.

I guess they had in their mind that they were going to

keep me as long as they could.

MELODY: And I would ask, what's going on?

Says don't worry about it, it'll be over soon.

Don't worry about it.

Be over soon.

Long time, long time.

I'm sure that the prosecutors

were very, very, very, very, very,

very, very, very, very responsible

for me being turned down for parole four times.

Impeccable record.

Not a problem.

I'm now minimum security,

so by this time now,

I've gotten almost 12 years in.

I get another review and finally

they put me on parole.

MELODY: I was so happy.

I ran into his arms at the airport.

I almost fell, I'm pregnant.

But I was a good feeling to see my dad again.

Hold him, you know, without being searched,

without them checking my pockets and everything.

It was horrible.

I got to prepare myself to do something useful

in this society.

What do I do good?

Did I teach?

Yeah.

Did I write briefs for guys?

Yes.

Did I hear their issues?

Hear their problems?

Yes.

Would I make a pretty good therapist?

I hope so.

And that's where I went.

And that's where I am.

[♪♪♪]

The prosecutors let a dangerous

man back on the street,

because it served their purpose

in order to convict two innocent people.

Two innocent people.

I have no information about

Terry D'Prero's whereabouts

when he was given a full pass and relocated with

a new name, new identity,

if he ever continued his criminal ways.

No information, but certainly

it always concerned me that here's a guy that

shouldn't be on the street and was given

a new life, new identity and a new start.

I also know that there is no medication

for his diagnosis,

so I sincerely hope that wherever he is,

he will get some help because if he does not get help,

he's going to keep doing what he's been doing.

DIRECTOR: I'd been searching for D'Prero for years,

but finding someone who had been placed in a witness protection

was proving to be the impossible task everyone had

guaranteed me it would be.

Complicating matters even further,

Robert Cantwell had done his very best to scare me off

such a pursuit.

But I just couldn't get past the need to know

what D'Prero had done with the rest of his life.

I wanted to know exactly what kind of a man Mike Little

had given a free pass and let back on the streets.

Whether on camera or not,

I talked to pretty much everyone who knew anything

about the case, and along the way I'd heard

more than a few theories about D'Prero's whereabouts.

But after four years of searching,

I'd come up with nothing.

One rumor that had always stuck with me, though,

came from an ex-girlfriend of Terry's who claimed

she had heard through the grapevine

that Terry had moved to Texas.

Running out of places to look, I began searching through

Texas newspapers from 1976 and '77

in the slim chance I would come across something that

might put me on the trail of Terry D'Prero.

After months of searching through old news articles,

I found something I couldn't quite believe.

Buried in the back of the Big Spring Texas Herald

was the photo of a car salesman that looked

a hell of a lot like Terry D'Prero.

The name under the photo was Tony Ginnetti.

Was it possible that while Mike and Bob were fighting

for their lives in a Colorado courtroom,

Terry D'Prero was playing the part of

an honest car salesman in Texas?

A little more digging

revealed that Tony Ginnetti had gone from a small-town

car salesman in 1977,

to one of Texas's most wanted by 1985.

Tony Ginnetti was being hunted by the FBI for auto theft,

forgery and defrauding the Coahoma State Bank

in Texas out of 260,000 dollars

and a former partner out of 150,000 dollars.

In the federal flight to avoid prosecution warrant,

it lists several aliases used by Tony Ginnetti.

Among the names were Terry Argus, Tony Culpert

and Terry Lee Prero.

I'd found him, sort of.

As of 1985, he was a fugitive.

Not even the FBI at that point knew where he was.

Tony Ginnetti, a.k.a. Terry D'Prero,

spent five years on Texas' most wanted list

until in 1990, the law finally caught up with him.

By 1996, Terry, or should I say Tony,

was back out on the streets again.

But not for long.

In 1997, he was given 18 months in prison

for yet another bank fraud charge.

When Tony Ginnetti was eventually released from prison,

he vanished once again.

I picked up the trail when I came across the 2005

murder case involving 20-year-old Stuart Ginnetti,

the son of one Tony Ginnetti,

who I now knew was Terry D'Prero.

D'Prero's son was serving a life sentence

for participating in the kidnapping

and murder of a friend who he and five others suspected

of talking to police about their drug operation.

After tying up their victim and beating him to death,

Stuart Ginnetti and his friends put the body

in the trunk of a car and set both on fire.

[♪♪♪]

I now knew where Tony Ginnetti, a.k.a. Terry D'Prero

was living.

All that was left to do was go knock on his door.

[♪♪♪]

Accompanied by Herb Wellman, a retired police officer,

we knocked on Terry D'Prero's door.

Within minutes of a very tense introduction,

our cell phone rang with a Colorado phone number.

It was Robert Cantwell and he was none too happy

that I had found his star witness.

Against Cantwell's wishes, Terry D'Prero

agreed to talk with us somewhere away from his home,

saying he was finally ready to talk about the events

surrounding Hal Levine's murder.

TERRY: Like I say, I don't know how many years ago

when you started this, but Bob Cantwell,

he called me shortly after you contacted him.

I was told that a film company

was trying to locate me

because they wanted to do a story on the happenings.

Naturally, he was very much against it.

And, of course, so was I.

He just wanted me to be aware that

this hasn't really gone away.

And that was the last I heard of it until this morning

when Herb knocked on my door.

Totally, totally surprised.

Pretty nervous, you made me pretty nervous.

What made me nervous was I said, he said these people

are parked right on, [redacted] behind your house.

That made me nervous.

DIRECTOR: I guess let's just start from the beginning.

The trouble what went down between Hal Levine

and the Borrellis, is that,

they were always, Hal was always fighting with Michael because

the restaurants were making zilch, nada.

They were, but, to Hal's eyes they weren't.

I mean, he wasn't getting any of it,

in other words.

This was the first of many discrepancies that came up

during my time with Terry D'Prero.

DIRECTOR: When Terry was first questioned

by the Organized Crime Strike Force

about why Hal and Mike were not getting along in the weeks

leading up to the murder, he stated:

The story differed greatly from what D'Prero was now telling me,

and there was much more to come.

DIRECTOR: The morning Shirley Levine was shot,

who was first into her bedroom?

Well neither of us was in the room.

DIRECTOR: So she was shot from the hallway?

Oh, yeah, yeah, I mean, you know, right there

at the doorway.

I mean, I didn't go in the room and I don't,

I don't remember Bob going in the room,

just coming upstairs in the doorway and fired.

DIRECTOR: Because of the placement of the bullet casings,

we know the shooter was standing next to the bed.

There's no way the shots could have been fired

from the doorway or even the end of the bedroom hallway.

DIRECTOR: Was she supposed to be home?

Was she, was it a surprise that she was?

I don't know.

I have no idea.

I was just told we were going to Hal's house.

I had no idea at that time a hit was going down.

PROSECUTOR LITTLE: Prosecutor Mike Little.

I couldn't even fathom walking into his house and...

shooting him.

So, it just happened so quick, it was done

and there I was right in the middle.

We were there.

We were gone.

He was gone.

I was back at work.

And when I got, when I got to work, the police already

been there, were there.

DIRECTOR: Where was Mike at this time?

Oh, I have no idea.

I don't know if he was, he was at the restaurant

when I got there.

I couldn't quite figure out why Terry was telling me

that Mike was at the restaurant the morning of the murder,

when it's a well-known fact that

Mike was in New York with family.

At this point I had two choices.

I could confront Terry on the blatant

inaccuracies of his statements and potentially have him

stop talking with me, or I could let him

keep digging his own hole.

I decided to see just how deep that hole could get.

And how did David Cortinaz factor into all of this?

David?

DIRECTOR: Cortinaz.

David Cortinaz.

DIRECTOR: During Mike's second trial, David Cortinaz

testified to the following:

Cortinaz.

I just don't remember the name.

in the morning,

at his home.

Dave Cortinaz, I don't remember that name at all.

I just don't.

DIRECTOR: The officer who initially tracked you down

and then gave you immunity, what was that

whole process like?

TERRY: That's when I first met Bob Cantwell.

We sat down and talked and he told me that

he knew that I wasn't really involved in this,

that I was just going to be used for a fall guy.

And what he said to me and made sense,

mainly because I didn't have a lawyer.

DIRECTOR: So they offered you immunity to testify.

Yeah, and a change of atmosphere.

He put me in a witness protection program.

And that's where I've been ever since.

DIRECTOR: He went on, he got immunity

and he went on to a life of crime.

That's not to say he wouldn't have done it if he hadn't--

sentences were weak at that time, I mean,

had we, had we charged him with homicide

and given him a consideration in sentencing,

he could still have still been out in five years.

That's what was, I mean,

if you read the articles,

that's what's was so crazy

that Bob Davis was convicted of conspiracy

and he got a longer sentence

than Michael Borrelli did for homicide.

So, that's not to say that he wouldn't have done

the same thing had he been convicted of something.

In fact probably a greater likelihood of it,

because when he goes to prison, then he's going to

maintain, he's going to stay in that lifestyle,

maintain the connections and maintain that thought pattern.

For Terry D'Prero, who says, I was there,

I agreed to kill somebody and I didn't pull the trigger,

but whose testimony shows

that he was certainly involved

because parts of his testimony were corroborated

as to his involvement and to use somebody like that,

I mean, I think it's, it's unforgivable.

DIRECTOR: Is there a place in time where you wish you had

made a different decision?

If I would have known ahead of time, maybe that's why

they didn't tell me, I don't know if,

if I would have known ahead of time,

what was going to happen,

the outcome surely would have been different.

But I had no idea a hit was coming, at the time.

ALAN: With the benefit of hindsight, when you look at

Terry D'Prero's testimony,

you can only conclude that either he's one of the

greatest schemers or he's a complete liar about everything

and couldn't tell the truth if he tried to.

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

Yeah. That's that,

if, if when I mentioned my brother to my sister,

she goes, you know,

he's a pathological liar.

But...

So that that could be very true, yeah.

That's Terry D'Prero's nature.

I think he was a classic pathological liar.

TERRY: They sure did everything they did to discredit me,

but and it didn't bother me on the stand.

I was told I held up very well, so.

Bob said, just don't worry about, just tell what happened.

And, you know, 40 years later, he just, a few hours ago,

he told me the same thing.

He said, you just don't beat around the bush,

answer their questions, tell them what happened,

just like you testified in court

and everything will be alright.

So.

That's what I'm doing.

He's been a good friend over all these years.

For no reason, for no reason.

We just, we just got along.

Me, him and Joel, we just got along for some reason.

They were cops and at the time I was criminal.

But I think they knew I was, really wasn't a criminal.

But I was involved in there anyway, so.

I really am shocked, surprised, amazed that 40 years later,

you know, they have cell phone numbers for each other.

DIRECTOR: Ten minutes after initially talking to your brother,

our cell phone rang.

And it was Robert Cantwell.

TIM: Really?

DIRECTOR: Really.

After 40 years.

TIM: Wild.

DIRECTOR: Who still didn't want us talking to your brother.

TIM: That's wild.

NORM: Hasn't life moved on from this case?

Hasn't Mr. Cantwell had a few other cases in his life?

I mean, that is, that, that's just shocking to me.

I don't get that at all.

DIRECTOR: How would you characterize your relationship

with D'Prero?

Cordial.

I mean, once, once he agreed to cooperate with us,

it was cordial, it was not,

certainly it wasn't buddies.

Now, I haven't spoken to him.

I haven't had any interaction with him since...

the conclusion of Michael Borrelli's second trial.

There are some police officers who, you know, if they,

if they're dirty in a case

and they know they've crossed the line

or have lied about it themselves

or they have manufactured evidence

or they have planted evidence

in a snitch for some grander scheme,

of course, they're going to have the motive to continue,

continue the cover up.

So, you know, there could be any number of reasons.

Maybe Mr. Cantwell just has a guilty conscience

about this case.

Who knows?

I don't know.

ALAN: A few people perverted the system,

some prosecutors and policemen

and Mike Borrelli paid a Terryble price.

Some of the best years of his life.

Unfortunately, we got caught up in it.

I got caught up in it.

Our families got caught up in it.

And I'm sure they still believe that,

or they, in their mind they want to believe that

Mike Borrelli did it and they certainly want to believe

Bob Davis did it, or else they'd have to admit

to a real travesty of justice with respect to Bob Davis.

DIRECTOR: Are you aware that both Bob Davis and Michael Borrelli

are still good friends and still see each other all the time?

No.

Is that right?

They are?

Davis, you know, he should be really upset with that guy,

got him into trouble and spent 10 years in prison.

That surprises me.

I didn't, I didn't know that they were on friendly basis.

[♪♪♪]

MIKE: Bob, such a good man and has been such a good father

to his children.

We have remained friends throughout this whole ordeal.

MELODY: Mike has been real good to my dad.

Every time my dad comes down here,

he takes care of my dad.

Every time I come down here he takes care of me and my kids.

He's been real good to my dad.

He's been a real friend.

Guys like my father and Bob Davis,

they're, as they say, they're 'true blue'.

They love law enforcement.

Law enforcement was their life and to be cut down

like they were by law enforcement, it hurt them deep.

But they also realized that,

law enforcement is a good thing,

and all those men and women out there doing their job every day,

the majority of them are great.

And because of that, that just makes them that much stronger.

[♪♪♪]

I tried to tell myself that,

I'm not letting these things trouble me.

Not letting 'em bother me.

I've moved on with things, moved on with life.

But really deep down inside, it still hurts.

What I would like to see, somewhere down the line,

somebody take up his cause and look at this case

and see if you could get some kind of pardon

or some kind of clemency.

Because he did not do this crime and it's a shame that this

conviction is still on his name.

BOB: There aren't very many things that people have in this world,

and I've tried my best to, to live it, live this life,

in a caring way, in a meaningful way,

in a supportive and a loving way.

The only thing that I have is my name and my reputation.

This conviction tarnishes that.

I may never be able to get a new trial.

I may never be able to, to wipe the slate clean.

But I'd certainly love to try.

[♪♪♪]

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