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Narrator:
In the criminal justice system, the people are represented
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00:00:04,270 --> 00:00:06,761
by two separate,
yet equally important groups...
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00:00:06,806 --> 00:00:08,671
the police
who investigate crime,
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00:00:08,708 --> 00:00:11,336
and the district attorneys
who prosecute the offenders.
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00:00:11,378 --> 00:00:13,539
These are their stories.
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00:00:15,281 --> 00:00:18,216
Can't you hold it?
No, I can't.
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00:00:18,251 --> 00:00:20,014
Why the hell not?
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See, you're
just like my wife...
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00:00:22,222 --> 00:00:24,520
when we go to Jones Beach
with the kids,
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00:00:24,557 --> 00:00:26,855
she stops six times
along the way.
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00:00:26,893 --> 00:00:29,919
So I tell her,
"Put a cork in it."
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00:00:29,963 --> 00:00:32,864
She says, "No, no,
pull over. I have to go."
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Maybe if you
had put a cork in it,
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00:00:34,734 --> 00:00:37,601
she wouldn't have had six kids
and ruined her plumbing.
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- Man: What are you talking about?
- Woman: What do you mean, what am I talking about?
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00:00:40,640 --> 00:00:44,235
- Man: What's the matter?!
Why are you doing this? - Why don't you think about...
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00:00:45,412 --> 00:00:48,347
- Woman: Stop yelling at me.
- I don't mean to yell at you.
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00:00:48,381 --> 00:00:50,941
Will you do me a favor
and get me a cruller?
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(angry voices continue)
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I have no idea
why you're so upset.
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Come out this minute.
Come out! Mind me!
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00:00:59,726 --> 00:01:02,490
Hey, sister,
got some spare change?
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00:01:07,700 --> 00:01:09,827
Can I get a cruller
and a coffee, regular?
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00:01:17,577 --> 00:01:19,738
That'll be a buck
and a quarter.
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Your change.
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(car horns blaring)
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- Streetwalker: Keep your
hands inside the police car. - Cop: I never moved my hands.
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Keep your hands
on the wheel. All right.
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(car engine starts)
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Woman: I don't think we can
start all over again, Nathan.
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Let's do it!
Let's just do it!
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- You and I, we'll do it tonight.
- Oh God, stop bugging me!
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"Bugging you"?!
Is that what you call this?
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Mimi!
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- (dog barks)
- (man screams)
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No bag.
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Nathan?
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Aw, damn it!
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Nathan!
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- (screaming)
- (dog barking)
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Oh my...
help! Help!
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Help!
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Dispatcher:
Assistance requested at 74th and Columbus.
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10-4, Central.
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(siren blaring)
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Mimi:
Help! Help me here!
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Help! Help me!
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- Mimi: Help! Help!
- Police, out of the way. Move!
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00:02:51,437 --> 00:02:53,701
Police! Out of the way.
Move it, move it, move it!
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00:02:53,740 --> 00:02:56,140
It's okay, you're gonna be all right.
You're gonna be all right.
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00:02:56,176 --> 00:02:58,474
It's okay, honey.
You're gonna be all right.
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Just you hang in there.
You hang in there.
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(theme music plays)
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Woman:
And night before last,
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there was a naked man
with a crossbow
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00:04:26,099 --> 00:04:28,659
running up and down
West 74th Street.
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00:04:28,701 --> 00:04:31,261
Where did he keep
the arrows?
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00:04:31,304 --> 00:04:34,296
How come every freak
in the country lives in New York?
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Why don't some of you people
move to Nebraska?
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(masculine voice)
I'm from Nebraska, sweetie. How do you think I got this way?
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All right, did anybody see
the actual stabbing... the one we're talking about?
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Let's get some names.
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Elsie Hatch, 186 West 74.
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00:04:56,329 --> 00:05:00,698
Sal Violet... V-i-o-l-e-t.
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(warmly)
The Hampstead, room 1220.
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00:05:06,272 --> 00:05:08,502
Murdoch.
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00:05:08,541 --> 00:05:11,567
- Address?
- Sal: The Sherry Netherland...
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00:05:11,611 --> 00:05:14,205
a little pied-a-terre
for those gala dumpster parties.
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00:05:14,247 --> 00:05:16,977
Riverside Park in the 80s.
I got to go.
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00:05:17,016 --> 00:05:18,779
Hey, hey, hey, hey!
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00:05:18,818 --> 00:05:21,184
- I didn't see anything.
- Cerreta: Of course not.
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00:05:21,220 --> 00:05:24,155
- Was she the one in the box?
- I didn't see anybody in the box.
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00:05:24,190 --> 00:05:27,523
Okay, but you all did see
Mr. Robbins fall to the ground?
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00:05:29,629 --> 00:05:31,859
You were
all standing there.
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00:05:34,000 --> 00:05:38,460
- There was a guy...
- Fine, describe him.
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00:05:38,504 --> 00:05:42,099
- 5'10"...
- Uh-uh, 6'2", at least.
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00:05:42,141 --> 00:05:44,132
Logan: Ma'am.
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00:05:44,177 --> 00:05:47,544
A man went running away...
he was well over six feet.
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00:05:47,580 --> 00:05:49,207
What was he wearing?
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00:05:49,248 --> 00:05:52,740
Wearing a red parka...
a greasy red parka.
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00:05:52,785 --> 00:05:55,413
A parka? I'm sitting here,
I'm sweating like a pig
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00:05:55,455 --> 00:05:57,889
and you're telling me
this guy was in a ski parka?
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00:05:57,924 --> 00:06:00,222
No, no, no, no...
he was wearing overalls.
84
00:06:00,259 --> 00:06:03,422
I've seen this slob before
sleeping in cardboard boxes.
85
00:06:03,463 --> 00:06:07,331
- Ms. Murdoch?
- It happened too fast.
86
00:06:07,367 --> 00:06:10,268
- Did you get a look
at the man in the box? - I need new glasses.
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00:06:10,303 --> 00:06:13,204
They told me at Social Services
I could get some, but they never...
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00:06:13,239 --> 00:06:15,469
I saw a red parka...
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with a torn pocket.
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00:06:18,277 --> 00:06:21,337
Okay,
the red parka... huh?
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00:06:21,381 --> 00:06:23,246
Was he in the box?
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00:06:23,282 --> 00:06:25,910
No... running away.
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00:06:25,952 --> 00:06:27,579
Oh, man.
(chuckles)
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00:06:27,620 --> 00:06:31,112
I just talked to the people
in ER... the kid was DOA.
95
00:06:35,661 --> 00:06:38,459
Isn't it funny
how three bystanders
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00:06:38,498 --> 00:06:40,898
fail to notice a stabbing
right under their noses?
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00:06:40,933 --> 00:06:43,697
Where was the girlfriend
during all this?
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00:06:43,736 --> 00:06:46,728
She was inside the coffee shop,
or just coming out, whatever.
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00:06:46,773 --> 00:06:48,900
Everything everyone saw
is contradictory.
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00:06:48,941 --> 00:06:51,102
Okay, there was
a lover's quarrel...
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00:06:51,144 --> 00:06:53,408
but she shivs him
in front of three witnesses?
102
00:06:53,446 --> 00:06:55,141
Oh, well, they were
"great" witnesses.
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00:06:55,181 --> 00:06:58,344
Crime of passion could explain
why he still had that wallet on him.
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00:06:58,384 --> 00:07:02,218
- Or a botched robbery.
- Forget the girlfriend. Let's say it was a mugger.
105
00:07:02,255 --> 00:07:04,621
He got scared off before
he could get to the money.
106
00:07:04,657 --> 00:07:07,319
Or maybe he just got mad
because somebody kicked his box.
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00:07:07,360 --> 00:07:09,521
- Well, wouldn't you?
- Don't you kick my box.
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00:07:09,562 --> 00:07:11,894
Let's go find out
if that girl's recovered.
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00:07:16,569 --> 00:07:19,800
All right, Mimi,
you were in the coffee shop,
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then you came out...
what's the first thing you saw?
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00:07:23,376 --> 00:07:25,435
I don't know,
I don't remember.
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00:07:25,478 --> 00:07:27,412
Did you see the guy
in the box?
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00:07:27,447 --> 00:07:29,438
Mimi: No.
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00:07:29,482 --> 00:07:31,712
Did you see a man
in a red jacket?
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00:07:33,352 --> 00:07:35,843
All I saw
were Nathan's feet...
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00:07:35,888 --> 00:07:38,448
his legs sticking out
from under that box.
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00:07:41,260 --> 00:07:43,785
What were you and Nathan
arguing about?
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00:07:43,830 --> 00:07:46,162
We weren't arguing.
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We... we never fought...
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hardly ever.
121
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We were just having
a discussion, okay?
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00:07:55,374 --> 00:07:58,468
Okay.
What were you discussing?
123
00:08:00,379 --> 00:08:02,347
It was private.
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00:08:02,381 --> 00:08:08,115
Ms. Sternhagen,
I know it's a very rough time for you right now,
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00:08:08,154 --> 00:08:11,385
but this is
a homicide investigation,
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00:08:11,424 --> 00:08:15,622
and from here on, very few
things will be private.
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00:08:15,661 --> 00:08:17,720
Well, we weren't fighting.
128
00:08:17,763 --> 00:08:20,630
You were... animated?
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Maybe.
130
00:08:22,268 --> 00:08:24,031
All right, all right.
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About anything
in particular?
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00:08:26,372 --> 00:08:28,431
Um...
133
00:08:29,909 --> 00:08:33,367
well, we were at a party,
and we were both kind of bombed.
134
00:08:35,081 --> 00:08:39,780
I just... I didn't want
to be proposed to like that.
135
00:08:41,921 --> 00:08:44,389
I always thought it would be...
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00:08:44,423 --> 00:08:47,950
on a boat sailing
to Paris or something,
137
00:08:47,994 --> 00:08:50,827
not him waving
a ring around,
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00:08:50,863 --> 00:08:53,263
going, "Let's do it!
Let's do it!"
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00:08:54,400 --> 00:08:56,368
Then what happened?
140
00:08:59,805 --> 00:09:02,706
(sighs)
I walked into the coffee shop,
141
00:09:02,742 --> 00:09:04,972
I walked out,
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00:09:05,011 --> 00:09:06,876
Nathan was gone.
143
00:09:06,913 --> 00:09:08,813
Mimi, the ring...
144
00:09:08,848 --> 00:09:10,748
the one he's waving,
what happened to it?
145
00:09:10,783 --> 00:09:12,751
I don't know.
146
00:09:19,825 --> 00:09:21,725
Did you ever see him
with a knife?
147
00:09:21,761 --> 00:09:25,162
If I say "yes,"
does that get him out of my doorway permanently?
148
00:09:25,197 --> 00:09:28,030
Hey, listen, you help us,
we'll help you, all right?
149
00:09:28,067 --> 00:09:29,762
Tony, take this.
150
00:09:30,803 --> 00:09:32,668
Look, the guy is crazy...
151
00:09:32,705 --> 00:09:35,697
he thinks everybody
he sees is a KGB agent.
152
00:09:35,741 --> 00:09:38,301
I told him the Cold War
was over... kaput.
153
00:09:38,344 --> 00:09:42,144
So he thinks I'm the KGB agent
trying to fake him out.
154
00:09:42,181 --> 00:09:45,082
- The knife?
- I never saw a knife.
155
00:09:45,117 --> 00:09:48,609
- Okay, describe him.
- 5'10", crewcut.
156
00:09:48,654 --> 00:09:50,781
That makes it a lot easier.
Color?
157
00:09:50,823 --> 00:09:52,814
- Man: Yellow.
- What do you mean, "yellow"?
158
00:09:52,858 --> 00:09:54,917
- Like Chinese?
- Like jaundice.
159
00:09:54,961 --> 00:09:58,795
A lot of these street people have hepatitis
and God knows what else.
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00:09:58,831 --> 00:10:00,765
Does he usually
wear a red parka?
161
00:10:00,800 --> 00:10:03,462
No, overalls.
162
00:10:05,071 --> 00:10:07,471
You have any idea
where else he might hang out?
163
00:10:09,108 --> 00:10:11,099
Actually,
he told me one time
164
00:10:11,143 --> 00:10:13,703
I should "stay away
from the lake in Central Park."
165
00:10:14,847 --> 00:10:17,247
- Did he say why?
- Yeah...
166
00:10:17,283 --> 00:10:20,582
it's CIA headquarters
in New York.
167
00:10:20,620 --> 00:10:23,521
- (ducks quacking)
- "Lemonhead." Got to be.
168
00:10:23,556 --> 00:10:27,754
- Because his head looks like a lemon.
- Mm-hmm. Does he have a last name?
169
00:10:28,694 --> 00:10:31,185
Yeah, T... Tyler.
No, no... Taters.
170
00:10:31,230 --> 00:10:32,857
What?
Taters.
171
00:10:32,898 --> 00:10:34,627
- "Lemonhead Taters"?
- Mm-hmm.
172
00:10:34,667 --> 00:10:37,101
Tatum, Christian Tatum.
173
00:10:37,136 --> 00:10:39,502
Drinking scotch.
That's right.
174
00:10:39,538 --> 00:10:42,507
This doesn't
look like the "scotch and soda crowd" to me.
175
00:10:42,541 --> 00:10:44,338
(laughter)
176
00:10:44,377 --> 00:10:47,642
Yeah, yeah, not too many
social drinkers sleeping in the park.
177
00:10:47,680 --> 00:10:50,308
That's right.
Son of a bitch wouldn't pass it around.
178
00:10:50,349 --> 00:10:53,182
Is he selfish?
He got up in my face.
179
00:10:53,219 --> 00:10:55,016
He said he'd
killed one guy already,
180
00:10:55,054 --> 00:10:58,490
and he'd do me too, if I didn't
get my hands off of his booze.
181
00:10:58,524 --> 00:11:01,015
- That's right.
- You think he did...
182
00:11:01,060 --> 00:11:02,891
kill a guy?
183
00:11:02,928 --> 00:11:07,627
Last week he said
he cut the privates off somebody from the CIA.
184
00:11:07,667 --> 00:11:09,225
Mm-hmm.
185
00:11:09,268 --> 00:11:11,133
You have any idea
where he is now?
186
00:11:11,170 --> 00:11:13,900
He had a meeting with...
what's-his-name?
187
00:11:13,939 --> 00:11:15,634
William Casey.
188
00:11:15,675 --> 00:11:19,372
Down at the Dunsmore Arms.
(laughs)
189
00:11:24,083 --> 00:11:25,710
Man:
You got a cigarette?
190
00:11:25,751 --> 00:11:27,878
(coughs)
191
00:11:29,522 --> 00:11:31,513
What can I do for you?
192
00:11:32,992 --> 00:11:35,893
- Cerreta: Do you know a guy
by the name of Christian Tatum? - Yeah.
193
00:11:35,928 --> 00:11:38,192
Would you mind
pointing him out to us?
194
00:11:38,230 --> 00:11:40,164
He's not there.
195
00:11:40,199 --> 00:11:41,996
Try room 40.
196
00:12:00,019 --> 00:12:02,852
Mr. Tatum?
197
00:12:02,888 --> 00:12:05,789
"Lemonhead"...we have
a warrant for your arrest.
198
00:12:12,932 --> 00:12:15,264
Logan:
Well, no Lemonhead.
199
00:12:17,169 --> 00:12:19,831
But we got
a red jacket.
200
00:12:19,872 --> 00:12:22,864
Torn pocket?
Yep.
201
00:12:28,814 --> 00:12:30,577
Cerreta: Hey!
Hey!
202
00:12:35,554 --> 00:12:39,320
Are you Christian Tatum?
Answer me, yes or no?
203
00:12:39,358 --> 00:12:41,223
Yep.
204
00:12:41,260 --> 00:12:44,423
You have the right
to remain silent and refuse to answer any questions.
205
00:12:44,463 --> 00:12:46,192
Do you understand that?
206
00:12:49,468 --> 00:12:51,527
¢Ü 'Round the flagpole... ¢Ü
207
00:12:52,738 --> 00:12:54,330
Take your time.
208
00:12:54,373 --> 00:12:57,035
I want the good-looking one...
bachelor number two.
209
00:13:01,213 --> 00:13:03,545
Number two,
step forward, please.
210
00:13:07,319 --> 00:13:09,184
A romantic weekend
in Miami,
211
00:13:09,221 --> 00:13:11,121
all expenses paid...
212
00:13:11,157 --> 00:13:13,148
Get her the hell
out of here!
213
00:13:15,461 --> 00:13:17,793
Number two,
step back.
214
00:13:20,299 --> 00:13:22,597
Number four,
step back.
215
00:13:22,635 --> 00:13:25,365
Earth to number four,
step back.
216
00:13:26,505 --> 00:13:28,132
Step back.
217
00:13:28,174 --> 00:13:29,801
For the record,
I'd like it noted
218
00:13:29,842 --> 00:13:32,310
that your witness isn't
exactly grounded either.
219
00:13:32,344 --> 00:13:34,608
Logan:
So noted, Ms. Fahey.
220
00:13:36,715 --> 00:13:38,706
All right, Sal.
221
00:13:38,751 --> 00:13:42,118
Could you have them
turn around?
222
00:13:48,661 --> 00:13:51,824
Turn around
and face the rear.
223
00:13:57,169 --> 00:13:59,433
Number three.
224
00:14:00,439 --> 00:14:02,805
I never forget
a nice behind.
225
00:14:02,842 --> 00:14:06,175
Was he or was he not
in the vicinity of the stabbing?
226
00:14:06,212 --> 00:14:09,306
- Well, no, but l...
- Next!
227
00:14:11,617 --> 00:14:13,778
(Logan, wearily)
Okay, you can face forward.
228
00:14:27,633 --> 00:14:29,863
No.
229
00:14:29,902 --> 00:14:32,200
Are you sure?
230
00:14:33,205 --> 00:14:35,571
Absolutely.
231
00:14:36,375 --> 00:14:40,106
The one you saw running away,
the one in the red parka?
232
00:14:40,145 --> 00:14:42,739
He's not there.
233
00:14:44,717 --> 00:14:46,981
Although...
234
00:14:47,019 --> 00:14:49,010
Cerreta: Yes?
235
00:14:51,323 --> 00:14:53,723
Number four.
236
00:14:57,563 --> 00:14:59,724
He was there, too.
237
00:14:59,765 --> 00:15:02,290
"Too"?
(bangs counter)
238
00:15:02,334 --> 00:15:05,030
Two guys...
two different guys!
239
00:15:05,070 --> 00:15:07,368
Yeah.
Damn!
240
00:15:11,176 --> 00:15:13,667
What can you tell us
about the ring?
241
00:15:15,114 --> 00:15:17,639
When is
Mr. Rehnquist getting here?
242
00:15:17,683 --> 00:15:21,983
Listen, he's caught up
in a Supreme Court thing.
243
00:15:22,021 --> 00:15:23,682
Hang tight.
244
00:15:26,592 --> 00:15:28,321
Ms. Fahey.
245
00:15:28,360 --> 00:15:30,988
Crosstown traffic.
I'm sorry.
246
00:15:31,030 --> 00:15:33,931
We were just about to extract
a confession from your client.
247
00:15:33,966 --> 00:15:36,594
Extract this, Logan.
248
00:15:38,203 --> 00:15:40,296
Ms. Fahey's
a hell of a lawyer.
249
00:15:40,339 --> 00:15:43,137
You don't have to say
anything you don't want to.
250
00:15:43,175 --> 00:15:45,166
Don't worry, he hasn't.
251
00:15:46,278 --> 00:15:49,076
All right, all right,
Christian,
252
00:15:49,114 --> 00:15:51,378
your attorney is here now...
253
00:15:51,417 --> 00:15:53,180
so, what about it, hmm?
254
00:15:53,218 --> 00:15:55,345
Hmm?
255
00:15:57,022 --> 00:16:00,549
It was in your jacket...
the ring.
256
00:16:12,871 --> 00:16:15,101
Not my jacket.
257
00:16:15,140 --> 00:16:17,472
You were wearing it.
258
00:16:17,509 --> 00:16:20,307
James put it over me.
259
00:16:20,346 --> 00:16:22,576
Would you explain that?
260
00:16:25,117 --> 00:16:27,415
I was safeguarding it...
261
00:16:28,921 --> 00:16:30,912
till I saw him again.
262
00:16:31,890 --> 00:16:33,881
Okay.
263
00:16:33,926 --> 00:16:36,190
You told your friends
in the park you stabbed a man.
264
00:16:36,228 --> 00:16:38,458
Was James in on that?
265
00:16:38,497 --> 00:16:41,159
You should know.
266
00:16:43,168 --> 00:16:47,070
But... I don't know.
267
00:16:51,143 --> 00:16:53,634
I didn't stab anybody.
268
00:16:53,679 --> 00:16:56,045
James did.
269
00:16:56,081 --> 00:16:58,572
But I helped him.
270
00:17:05,424 --> 00:17:07,415
How?
271
00:17:09,461 --> 00:17:11,929
I was the lookout.
272
00:17:18,670 --> 00:17:21,537
In your box.
273
00:17:21,573 --> 00:17:24,599
In my box.
274
00:17:29,615 --> 00:17:32,049
- Problem?
- Maybe.
275
00:17:32,084 --> 00:17:34,848
Look,
this "other guy" theory...
276
00:17:34,887 --> 00:17:37,515
I thought that was solid,
based on the old lady with the dog.
277
00:17:37,556 --> 00:17:39,387
Cerreta:
Yeah, Ms. Hatch.
278
00:17:39,425 --> 00:17:41,757
But the second guy,
coming from Lemonhead...
279
00:17:41,794 --> 00:17:44,160
it sounds like a kid's
imaginary playmate.
280
00:17:44,196 --> 00:17:47,461
You know..."My friend James
who lives in the park"? Or outer space.
281
00:17:47,499 --> 00:17:52,095
Well, see if you can find out
whether "friend James" is real or not.
282
00:17:52,137 --> 00:17:55,072
If that doesn't work,
call Dr. Olivet.
283
00:17:56,608 --> 00:17:59,202
I didn't stab anybody.
284
00:18:01,113 --> 00:18:04,105
Well, you told your friends
in the park you did.
285
00:18:05,617 --> 00:18:07,608
That's for protection.
286
00:18:07,653 --> 00:18:09,177
Oh.
287
00:18:09,221 --> 00:18:11,086
You mean, you made it up?
288
00:18:12,724 --> 00:18:15,693
Anything's possible.
289
00:18:18,063 --> 00:18:22,227
What about that CIA agent
last week...
290
00:18:22,267 --> 00:18:24,997
you told your friends
that you chopped off his...
291
00:18:25,037 --> 00:18:26,834
Stop that!
292
00:18:26,872 --> 00:18:29,204
Sorry.
293
00:18:29,241 --> 00:18:32,039
(thumps)
294
00:18:33,879 --> 00:18:36,609
I've killed lots of people.
295
00:18:36,648 --> 00:18:38,809
Including Nathan Robbins?
296
00:18:47,659 --> 00:18:50,093
(raps)
297
00:18:54,666 --> 00:18:57,692
Word out is there's a reward.
298
00:18:59,705 --> 00:19:02,139
I wouldn't know about that.
299
00:19:03,308 --> 00:19:06,004
You in a position to claim it?
300
00:19:07,012 --> 00:19:10,140
(singsong)
301
00:19:10,182 --> 00:19:13,083
¢Ü Anything is possible.
302
00:19:14,853 --> 00:19:17,048
I know you
don't want to hear this,
303
00:19:17,089 --> 00:19:19,319
but I don't believe
he stabbed Robbins.
304
00:19:19,358 --> 00:19:21,849
Cerreta: You think
he's capable of it?
305
00:19:21,894 --> 00:19:26,695
He told me he's killed 17 people,
"give or take a few."
306
00:19:26,732 --> 00:19:29,462
Well, so he exaggerates.
307
00:19:29,501 --> 00:19:31,196
He's delusional.
308
00:19:31,236 --> 00:19:33,500
He sees and hears things
that aren't there.
309
00:19:33,539 --> 00:19:35,632
He remembers things
that never happened.
310
00:19:35,674 --> 00:19:37,539
What about all the stuff
with the red parka
311
00:19:37,576 --> 00:19:39,237
and the imaginary homeboy?
312
00:19:39,278 --> 00:19:41,269
That sounds on the level.
313
00:19:41,313 --> 00:19:43,838
The way he described
wearing that red jacket, it's...
314
00:19:43,882 --> 00:19:46,407
it's like
a badge of honor with him.
315
00:19:47,853 --> 00:19:50,321
There is honor
among these people, you know.
316
00:19:50,355 --> 00:19:52,949
Cragen:
Fine, great, I'll accept that.
317
00:19:52,991 --> 00:19:56,586
So what happened is
he's a psychopath,
318
00:19:56,628 --> 00:19:59,893
and he thought Robbins was attacking him
when he started kicking his box.
319
00:19:59,932 --> 00:20:02,025
So he comes out,
flies into a rage...
320
00:20:02,067 --> 00:20:05,002
He's psychotic.
He's not psychopathic.
321
00:20:05,037 --> 00:20:06,664
What's the difference?
322
00:20:06,705 --> 00:20:09,970
"Psychotic" is when you believe
the doorman was sent from Planet X
323
00:20:10,008 --> 00:20:12,476
to put mind control devices
in your teeth.
324
00:20:12,511 --> 00:20:15,241
"Psychopathic" is when
you blow the doorman away
325
00:20:15,280 --> 00:20:17,748
and take out 20 other people
while you're at it.
326
00:20:17,783 --> 00:20:20,081
Now, come on, you guys.
327
00:20:20,118 --> 00:20:22,586
You're making me late.
328
00:20:23,155 --> 00:20:26,147
And remember,
in a moment of lucidity,
329
00:20:26,191 --> 00:20:30,184
he told me James lives under a big tree
near the bridle path.
330
00:20:37,069 --> 00:20:40,129
And then she said, she said,
"What about Tuesday?"
331
00:20:40,172 --> 00:20:43,869
And then she said you said,
"What about Tuesday?"
332
00:20:43,909 --> 00:20:46,207
And then she said
she said...
333
00:20:46,245 --> 00:20:51,239
(imitates alarm sound)
334
00:20:51,283 --> 00:20:53,342
"Security in section three,
335
00:20:53,385 --> 00:20:56,786
row 12..."
(muttering)
336
00:20:56,822 --> 00:20:59,552
I want the reward.
337
00:20:59,591 --> 00:21:02,025
I thought this guy James
was your friend?
338
00:21:03,562 --> 00:21:05,553
I'm flexible.
339
00:21:05,597 --> 00:21:07,531
Crazy, but not stupid.
340
00:21:07,566 --> 00:21:11,195
Okay, listen,
you help us find James,
341
00:21:11,236 --> 00:21:14,000
and he's guilty, you'll
get your reward, okay? How's that?
342
00:21:32,524 --> 00:21:34,515
(laughs)
343
00:21:39,564 --> 00:21:42,192
Cerreta:
Well, somebody lives here. Maybe you?
344
00:21:42,234 --> 00:21:45,499
James.
I told you.
345
00:21:50,075 --> 00:21:51,736
Aghh!
346
00:22:02,087 --> 00:22:05,022
Uh-uh-uh.
347
00:22:06,124 --> 00:22:08,285
Social Services ID.
348
00:22:08,327 --> 00:22:10,522
"James Joseph Polesky."
349
00:22:12,597 --> 00:22:14,827
Good.
350
00:22:16,835 --> 00:22:21,169
He's got 28 bucks in a savings account
at Manufacturers Hanover.
351
00:22:22,274 --> 00:22:26,210
Well, well, well.
What have we here?
352
00:22:29,181 --> 00:22:31,240
It's a match.
353
00:22:31,283 --> 00:22:33,080
Blood on the handle
is B-neg,
354
00:22:33,118 --> 00:22:35,313
chest hair, hair samples
match Robbins'.
355
00:22:35,354 --> 00:22:38,255
The size of the wound
is consistent.
356
00:22:38,290 --> 00:22:42,124
- That's all?
- Would Polesky's prints be overkill?
357
00:22:44,796 --> 00:22:47,890
Cerreta:
Now, one thing I'm not really clear on...
358
00:22:47,933 --> 00:22:50,527
Christian?
359
00:22:50,569 --> 00:22:52,366
If this was a robbery,
360
00:22:52,404 --> 00:22:55,635
then how come your friend James
didn't take Mr. Robbins' wallet?
361
00:22:58,477 --> 00:23:01,139
He didn't see the wallet,
he saw the ring.
362
00:23:01,179 --> 00:23:02,874
(laughs)
363
00:23:02,914 --> 00:23:04,939
If only he'd given James
what he wanted,
364
00:23:04,983 --> 00:23:06,780
then everything
would have been fine.
365
00:23:06,818 --> 00:23:09,651
Cerreta:
But he didn't do that, huh? He held onto it.
366
00:23:09,688 --> 00:23:11,315
(laughs)
367
00:23:11,356 --> 00:23:13,187
And then...?
368
00:23:14,493 --> 00:23:16,791
And then James
stabbed him.
369
00:23:18,363 --> 00:23:19,921
(mimics aloud)
Th-thhk!
370
00:23:22,300 --> 00:23:24,359
Is that a "yes"?
371
00:23:24,403 --> 00:23:26,234
(chuckles)
372
00:23:27,539 --> 00:23:29,769
Fahey:
Christian...
373
00:23:32,778 --> 00:23:34,575
Yes, yes, yes!
374
00:23:36,948 --> 00:23:41,112
Ahem... I think... I'm gonna
get an arrest warrant.
375
00:23:43,255 --> 00:23:45,519
(crickets chirping)
376
00:23:46,792 --> 00:23:48,851
Cerreta:
James J. Polesky?
377
00:23:48,894 --> 00:23:50,987
- Man: What's going on?
- Cop #1: I got him!
378
00:23:51,029 --> 00:23:52,656
Logan: Phil?
Yeah.
379
00:23:52,697 --> 00:23:54,392
You see him?
Yeah.
380
00:23:54,433 --> 00:23:57,561
- Cerreta: There he is!
- Cop #2: There he goes! There he goes!
381
00:23:57,602 --> 00:23:59,433
- Cop #2: There he is!
- Woman: Guys?
382
00:23:59,471 --> 00:24:02,838
Logan: You ain't going anywhere!
Get your hand behind you.
383
00:24:02,874 --> 00:24:04,774
- (gun cocks)
- You are under arrest.
384
00:24:04,810 --> 00:24:07,711
You have the right to remain silent
and refuse to answer questions.
385
00:24:07,746 --> 00:24:10,647
Anything you do say may be used
against you in a court of law.
386
00:24:10,682 --> 00:24:12,411
(handcuffs click)
387
00:24:14,085 --> 00:24:15,848
Cerreta:
If we put you in a lineup,
388
00:24:15,887 --> 00:24:18,082
we're gonna get
a positive make, James.
389
00:24:18,123 --> 00:24:20,785
So why don't you just
help yourself out, okay?
390
00:24:20,826 --> 00:24:24,489
Is there a deal
on the table? No.
391
00:24:24,529 --> 00:24:27,225
You want me
to sign this? Cerreta: Yes.
392
00:24:27,265 --> 00:24:30,462
Go pee up a rope.
(laughs)
393
00:24:30,502 --> 00:24:35,565
I will, and then I'm gonna wrap it
around your scrawny little neck.
394
00:24:37,409 --> 00:24:40,276
If this guy hits me,
I'm off the hook, right?
395
00:24:45,684 --> 00:24:47,948
Stone:
We've got irrefutable physical evidence,
396
00:24:47,986 --> 00:24:51,149
we've got an eyewitness... so you tell me,
why would I want to make a deal?
397
00:24:51,189 --> 00:24:54,158
My client was drunk, and he has
a history of impulsiveness.
398
00:24:54,192 --> 00:24:57,889
If you can sell that to a jury,
try, Mr. Scoler,
399
00:24:57,929 --> 00:24:59,988
but I think they'll
see it as I do...
400
00:25:00,031 --> 00:25:02,090
an opportunistic
cold-blooded killer.
401
00:25:02,133 --> 00:25:04,260
No deal.
402
00:25:06,705 --> 00:25:08,696
See you in court then.
403
00:25:14,246 --> 00:25:17,477
He's gonna turn this into a forum
on the rights of the homeless.
404
00:25:17,516 --> 00:25:19,313
So let him.
What's wrong with that?
405
00:25:19,351 --> 00:25:21,046
I'm seeing
editorials in my head...
406
00:25:21,086 --> 00:25:23,987
"Power of State Versus Victim of Society"...
that kind of thing.
407
00:25:24,022 --> 00:25:26,115
We're gonna get it
from the other side, too...
408
00:25:26,157 --> 00:25:28,250
"Homeless lunatics,
they kill innocent citizens.
409
00:25:28,293 --> 00:25:29,988
Is the State powerless
to protect us?"
410
00:25:30,028 --> 00:25:32,656
Let's not start worrying
about the ink we're getting.
411
00:25:32,697 --> 00:25:34,790
I'm not, but the public's
perception of us...
412
00:25:34,833 --> 00:25:37,199
we could have made a deal,
saved a lot of bad feelings.
413
00:25:37,235 --> 00:25:39,100
I'm flexible on Lemonhead,
he's crazy,
414
00:25:39,137 --> 00:25:41,799
but Polesky...
he killed a man in cold blood.
415
00:25:41,840 --> 00:25:43,705
And homeless or not,
we get a conviction,
416
00:25:43,742 --> 00:25:47,940
and the public will see us
in a very kindly light, believe me.
417
00:25:47,979 --> 00:25:49,879
Charge is murder
in the second degree.
418
00:25:49,915 --> 00:25:52,577
- How does the defendant plead?
- Not guilty, Your Honor.
419
00:25:52,617 --> 00:25:54,278
Do the People
wish to set bail?
420
00:25:54,319 --> 00:25:56,685
Robinette: Mr. Polesky
is a transient, Your Honor.
421
00:25:56,721 --> 00:25:58,552
He has no ties
to the community,
422
00:25:58,590 --> 00:26:00,956
and given the viciousness
of this crime...
423
00:26:00,992 --> 00:26:03,426
Judge: Bail is denied,
defendant is remanded.
424
00:26:03,461 --> 00:26:07,625
In the case of "People
versus Christian Tatum,"
425
00:26:07,666 --> 00:26:09,793
charge is murder
in the second degree,
426
00:26:09,834 --> 00:26:11,461
conspiracy and larceny.
427
00:26:11,503 --> 00:26:13,869
Your Honor, the People
have turned nothing over to us...
428
00:26:13,905 --> 00:26:15,770
no voluntary
disclosure forms, no...
429
00:26:15,807 --> 00:26:19,766
- Judge: Mr. Robinette?
- The people were never asked for VDFs, Judge.
430
00:26:28,753 --> 00:26:31,688
Statement, witness ID,
arrest warrant.
431
00:26:32,724 --> 00:26:35,022
No search warrant?
432
00:26:39,998 --> 00:26:41,863
So? What happened?
433
00:26:41,900 --> 00:26:43,993
The judge had a problem
with no search warrant.
434
00:26:44,035 --> 00:26:46,265
C'mon, Paul! We took him
where we found him.
435
00:26:46,304 --> 00:26:48,704
I told him all that, Mike.
He didn't buy it.
436
00:26:48,740 --> 00:26:50,765
We were concerned
about securing the area,
437
00:26:50,809 --> 00:26:52,834
not worrying about
some search warrant.
438
00:26:52,877 --> 00:26:54,868
For all we knew,
that guy was in the closet with a hunting knife!
439
00:26:54,913 --> 00:26:58,371
I understand. I need one of you guys
to testify at the suppression hearing.
440
00:26:58,416 --> 00:27:00,407
I'll do it.
441
00:27:01,353 --> 00:27:03,617
Logan:
As I was saying, the desk clerk
442
00:27:03,655 --> 00:27:05,748
directed us to a vacant room.
443
00:27:05,790 --> 00:27:08,020
Lemonhead was not there.
444
00:27:08,059 --> 00:27:10,152
The jacket
was in plain sight...
445
00:27:10,195 --> 00:27:13,631
I understand, Detective.
Nevertheless, I am going to grant the motion
446
00:27:13,665 --> 00:27:16,828
to suppress
on the illegal search of the defendant's jacket.
447
00:27:16,868 --> 00:27:19,132
The ring belonging
to the victim
448
00:27:19,170 --> 00:27:21,934
is hereby ruled
inadmissible as evidence
449
00:27:21,973 --> 00:27:24,407
in "The People
versus Christian Tatum."
450
00:27:27,012 --> 00:27:29,446
No ring, no case.
451
00:27:29,481 --> 00:27:32,075
I don't understand why
you're being so obstinate.
452
00:27:32,117 --> 00:27:35,780
I'm not allowed
to plead down that far. Besides, he confessed.
453
00:27:35,820 --> 00:27:38,983
The man's non compos mentis...
no way he understood his rights.
454
00:27:39,024 --> 00:27:41,549
Your client is
an accomplice to murder.
455
00:27:41,593 --> 00:27:43,720
How about attempt rob two?
456
00:27:43,762 --> 00:27:45,753
Rob two.
457
00:27:45,797 --> 00:27:47,788
He testifies against Polesky,
458
00:27:47,832 --> 00:27:51,859
he can get whatever help
the system still has left to offer him.
459
00:27:52,904 --> 00:27:55,566
All right, deal...
in writing.
460
00:28:00,278 --> 00:28:03,372
He was losing it...
I thought I better get him out of sight.
461
00:28:06,584 --> 00:28:08,950
- Stone: Hello, Mr. Tatum.
- (gasps)
462
00:28:09,788 --> 00:28:11,779
I saw James out there.
463
00:28:11,823 --> 00:28:15,520
I saw him... you didn't tell me
that James was going to be here.
464
00:28:15,560 --> 00:28:19,223
James is the one
who's on trial, Mr. Tatum. Where do you think he'd be?
465
00:28:20,899 --> 00:28:24,960
Maybe I could just get the reward
and leave now, huh?
466
00:28:26,204 --> 00:28:28,365
James had the knife,
you know that.
467
00:28:28,406 --> 00:28:29,998
I don't want him to see me.
468
00:28:30,041 --> 00:28:32,703
James doesn't have
the knife anymore, we have it.
469
00:28:32,744 --> 00:28:34,837
You just tell the court
what you saw James do...
470
00:28:34,879 --> 00:28:36,972
He's going to kill me,
don't you understand?!
471
00:28:37,015 --> 00:28:38,846
- Stone: Mr. Tatum...
- He's gonna slice me!
472
00:28:38,883 --> 00:28:40,976
- He's gonna feed me
to the pigeons! - Quiet!
473
00:28:41,019 --> 00:28:42,577
- (babbling)
- Mr. Tatum!
474
00:28:42,620 --> 00:28:44,178
Knock it off!
475
00:28:46,558 --> 00:28:48,890
Stand up.
476
00:28:50,829 --> 00:28:55,163
Your psychiatrist tells me
that you have moments of rational thought.
477
00:28:56,334 --> 00:29:00,031
Now we're gonna go back in there,
and we'll take care of you...
478
00:29:00,071 --> 00:29:04,030
and you... are gonna have
one of those moments.
479
00:29:06,411 --> 00:29:10,871
Mr. Tatum, were you
offered a plea bargain
480
00:29:10,915 --> 00:29:13,611
in exchange
for today's testimony?
481
00:29:15,019 --> 00:29:16,953
Yes.
482
00:29:16,988 --> 00:29:19,252
And you have
admitted your part
483
00:29:19,290 --> 00:29:22,259
in the robbery of Nathan Robbins,
is that correct?
484
00:29:23,328 --> 00:29:27,424
Yes, I was standing
out front of the coffee shop
485
00:29:27,465 --> 00:29:30,229
looking for somebody to rob.
486
00:29:30,268 --> 00:29:32,463
Somebody easy.
487
00:29:32,504 --> 00:29:35,337
Stone:
Would you explain that?
488
00:29:35,373 --> 00:29:39,332
Well, somebody, you know,
who's drunk or high...
489
00:29:39,377 --> 00:29:42,642
you know, so they weren't
thinking straight.
490
00:29:42,680 --> 00:29:44,910
Was this plan your idea?
491
00:29:44,949 --> 00:29:48,942
No. It was James'.
492
00:29:50,121 --> 00:29:52,021
Is James in this courtroom?
493
00:29:58,530 --> 00:30:01,499
Stone: Let the record indicate
that the witness is pointing
494
00:30:01,533 --> 00:30:03,592
at the defendant,
James Polesky.
495
00:30:04,736 --> 00:30:07,364
What was James doing
the night of the murder?
496
00:30:08,740 --> 00:30:11,436
He was hanging out.
497
00:30:11,476 --> 00:30:14,274
I saw this guy
and this girl, they...
498
00:30:14,312 --> 00:30:16,610
they weren't
paying attention,
499
00:30:16,648 --> 00:30:19,811
so I go up to James...
"That's them."
500
00:30:21,052 --> 00:30:23,384
Then I went
inside for a while.
501
00:30:23,421 --> 00:30:25,480
Inside the cardboard box?
502
00:30:26,925 --> 00:30:29,519
Then I see James
going for the guy.
503
00:30:29,561 --> 00:30:32,462
And he went
after him why?
504
00:30:32,497 --> 00:30:36,058
The guy had a ring he wanted
to give to his girlfriend.
505
00:30:39,771 --> 00:30:41,898
Is this the ring?
506
00:30:44,042 --> 00:30:46,567
Your Honor,
I offer into evidence
507
00:30:46,611 --> 00:30:48,476
People's Exhibit
number 25.
508
00:30:48,513 --> 00:30:51,539
- Objection... inadmissible.
- Sustained.
509
00:30:51,583 --> 00:30:53,448
Your Honor,
may we approach?
510
00:30:55,220 --> 00:30:58,280
This ring was suppressed.
Ray Tatum, not...
511
00:30:58,323 --> 00:31:01,156
I'm well aware of that.
I made the ruling. Anything else?
512
00:31:01,192 --> 00:31:03,558
Then it's perfectly
admissible against Polesky.
513
00:31:03,595 --> 00:31:05,790
I'll make that determination,
Mr. Stone.
514
00:31:05,830 --> 00:31:07,923
Thank you.
Your witness.
515
00:31:15,106 --> 00:31:17,574
(whispers)
What an idiot.
516
00:31:20,011 --> 00:31:22,002
Would you describe
what happened
517
00:31:22,046 --> 00:31:25,447
after Mr. Polesky
approached Mr. Robbins?
518
00:31:28,519 --> 00:31:31,283
He pulled out his knife
and he pig-stuck him!
519
00:31:31,322 --> 00:31:33,119
(nervous laugh)
520
00:31:33,157 --> 00:31:35,148
Would you describe
the knife, please?
521
00:31:35,193 --> 00:31:37,457
Yeah, it's like the one
you showed me...
522
00:31:37,495 --> 00:31:40,464
the one you got
on the table.
523
00:31:41,633 --> 00:31:43,464
And then he pulled
the knife right out...
524
00:31:43,501 --> 00:31:44,763
(mimics aloud)
525
00:31:44,802 --> 00:31:47,327
No more questions
of this witness, Your Honor.
526
00:31:50,675 --> 00:31:52,666
Mr. Tatum...
527
00:31:55,813 --> 00:32:01,012
has the CIA ever tried
to assassinate you?
528
00:32:06,357 --> 00:32:08,018
Yes.
529
00:32:09,260 --> 00:32:12,423
When was the last attempt
on your life?
530
00:32:13,598 --> 00:32:15,463
Tuesday.
531
00:32:15,500 --> 00:32:17,229
Objection, Your Honor.
532
00:32:18,836 --> 00:32:23,671
Scoler:
Why would the CIA want to kill you, Mr. Tatum?
533
00:32:25,543 --> 00:32:28,103
Eastern Europe.
534
00:32:28,146 --> 00:32:31,240
I briefed Mikhail Gorbachev
several times last year,
535
00:32:31,282 --> 00:32:33,750
before it all happened.
536
00:32:33,785 --> 00:32:37,744
So you made them look bad?
537
00:32:37,789 --> 00:32:40,587
Yes, they don't like that.
538
00:32:40,625 --> 00:32:42,684
Thank you, Mr. Tatum.
539
00:32:44,228 --> 00:32:46,219
No further questions.
540
00:32:53,137 --> 00:32:55,162
How old are you,
Ms. Hatch?
541
00:32:55,206 --> 00:32:57,606
Objection... relevance.
542
00:32:57,642 --> 00:32:59,303
Eyesight fades as we
grow older, Your Honor.
543
00:32:59,344 --> 00:33:01,278
Overruled.
544
00:33:01,312 --> 00:33:04,247
How is your eyesight,
Ms. Hatch?
545
00:33:04,282 --> 00:33:07,945
I need glasses to read.
Otherwise, it's fine.
546
00:33:09,554 --> 00:33:12,682
Now this is your
sworn statement to the police,
547
00:33:12,724 --> 00:33:16,387
in which you claim to have
seen the defendant in front of Ezra's Coffee Shop.
548
00:33:16,427 --> 00:33:17,894
So?
549
00:33:17,929 --> 00:33:20,762
Do you see the same man
in the court today?
550
00:33:26,571 --> 00:33:28,368
Scoler:
I'm impressed.
551
00:33:29,707 --> 00:33:32,574
There's a mural
behind me, Ms. Hatch.
552
00:33:32,610 --> 00:33:34,601
Would you describe it
for the court?
553
00:33:35,980 --> 00:33:38,039
Staten Island
and the Narrows.
554
00:33:40,885 --> 00:33:43,353
You're...
555
00:33:43,388 --> 00:33:47,757
you're familiar with the Staten Island
of the 19th century, Ms. Hatch?
556
00:33:47,792 --> 00:33:49,760
I can read the legend.
557
00:33:50,995 --> 00:33:54,726
I hope your eyesight is better
than your manners, young man.
558
00:33:58,569 --> 00:34:02,266
It was in a clearing under a mattress
where Mr. Polesky sleeps.
559
00:34:02,306 --> 00:34:04,536
Stone:
What did you do with the knife, Sergeant?
560
00:34:04,575 --> 00:34:06,566
I bagged it,
took it to the lab.
561
00:34:06,611 --> 00:34:09,273
- Did you read the lab report?
- Cerreta: Yes, of course.
562
00:34:09,313 --> 00:34:11,076
The blood matched,
the hair matched,
563
00:34:11,115 --> 00:34:13,743
and the size of the knife
was consistent with the wound.
564
00:34:13,785 --> 00:34:15,753
There were fingerprints
on the knife?
565
00:34:15,787 --> 00:34:17,778
One set...
those of the defendant.
566
00:34:17,822 --> 00:34:20,256
Thank you, Sergeant.
567
00:34:24,796 --> 00:34:28,027
Upon your conviction of the crime
of murder in the second degree,
568
00:34:28,066 --> 00:34:31,365
the court sentences you
to a maximum term of imprisonment
569
00:34:31,402 --> 00:34:33,802
of from 25 years to life.
570
00:34:34,839 --> 00:34:36,830
(gavel strikes)
571
00:34:40,678 --> 00:34:43,647
Robinette: The victim was assaulted
with a copper saucepan.
572
00:34:43,681 --> 00:34:45,774
- Stone: His wife?
- The sous-chef.
573
00:34:45,817 --> 00:34:49,309
Robinette: The guy complained
of too much salt in the bechamel... bam!
574
00:34:49,353 --> 00:34:51,287
Notice for appeal on Polesky.
575
00:34:54,792 --> 00:34:56,453
(door closes)
576
00:34:56,494 --> 00:34:58,485
Give me a break.
577
00:35:06,571 --> 00:35:09,972
Jesus, Mary and Joseph.
578
00:35:10,007 --> 00:35:12,339
Everybody appeals everything.
579
00:35:12,376 --> 00:35:15,345
- Why come all the way down here...
- I wanted to see your faces.
580
00:35:15,379 --> 00:35:17,370
So what is it?
581
00:35:18,616 --> 00:35:20,777
The appeal is based
on the Fourth Amendment.
582
00:35:20,818 --> 00:35:24,515
You didn't have a warrant when you
searched the appellant's place of abode.
583
00:35:24,555 --> 00:35:26,182
(exhales)
584
00:35:26,224 --> 00:35:28,192
"Place of abode," huh?
585
00:35:28,226 --> 00:35:30,421
It was in the damn bushes!
586
00:35:35,099 --> 00:35:38,068
"...based on an illegal search
587
00:35:38,102 --> 00:35:41,594
of appellant's non-traditional
place of residence."
588
00:35:41,639 --> 00:35:43,334
(laughs)
589
00:35:43,374 --> 00:35:46,172
Got to hand it to Scoler,
that's pretty good.
590
00:35:46,210 --> 00:35:47,939
It wasn't Scoler.
591
00:35:47,979 --> 00:35:50,504
Norman Ackerman, ACLU.
592
00:35:50,548 --> 00:35:53,449
His brief in Skokie was 120 pages.
593
00:35:53,484 --> 00:35:56,544
His buddies on Wall Street
do his research
594
00:35:56,587 --> 00:35:58,521
out of the goodness
of their hearts.
595
00:35:58,556 --> 00:36:00,922
Wall Street lawyers
doing pro bono?
596
00:36:00,958 --> 00:36:02,653
Makes them feel good.
597
00:36:02,693 --> 00:36:04,718
Stone: I don't care
who wrote the brief.
598
00:36:04,762 --> 00:36:09,699
No way the court can extend
Fourth Amendment protection to a bush in the park.
599
00:36:09,734 --> 00:36:13,226
I thought it was a shack.
It makes their argument more compelling.
600
00:36:13,271 --> 00:36:16,138
Actually,
a cardboard box in a clearing.
601
00:36:16,174 --> 00:36:19,610
The question is, can we take
the temperature of the appellate court?
602
00:36:19,644 --> 00:36:23,740
Well, the US Supreme Court
is going pell-mell to the right.
603
00:36:23,781 --> 00:36:26,944
And the local magistrates.
604
00:36:26,984 --> 00:36:29,578
They haven't been overly
sympathetic to the indigent.
605
00:36:31,422 --> 00:36:33,890
But the Manhattan
appellate judges
606
00:36:33,925 --> 00:36:37,520
may be the last liberal activists
sitting on any bench, anywhere.
607
00:36:38,729 --> 00:36:41,095
Ackerman wrote a hell of a brief,
608
00:36:41,132 --> 00:36:43,100
but case history is on our side.
609
00:36:43,134 --> 00:36:45,125
That's encouraging.
610
00:36:45,169 --> 00:36:47,364
All the way back to 18th-century
England, Blackstone:
611
00:36:47,405 --> 00:36:50,340
"An open field
is not private property and is not protected."
612
00:36:50,374 --> 00:36:52,842
- What's Ackerman relying on?
- Sympathy...
613
00:36:52,877 --> 00:36:57,280
and a 1967
Supreme Court decision... "Katz versus US."
614
00:36:57,315 --> 00:36:59,146
The majority held that...
615
00:36:59,183 --> 00:37:01,811
the police could not tap
a public phone without a warrant.
616
00:37:01,852 --> 00:37:04,184
The Fourth Amendment
protects people, not places.
617
00:37:04,222 --> 00:37:07,453
Now I quoted Potter Stewart's
opinion in law school and won an argument.
618
00:37:07,491 --> 00:37:09,118
Things change.
619
00:37:09,160 --> 00:37:10,957
Schiff may be right
about this court.
620
00:37:10,995 --> 00:37:12,895
Press isn't looking
to make a case.
621
00:37:12,930 --> 00:37:16,366
Mr. Polesky
stabbed an innocent victim for no other reason than greed.
622
00:37:16,400 --> 00:37:19,164
This is the wrong case
to make a point, isn't it?
623
00:37:22,740 --> 00:37:24,002
- Woman: There's the DA.
- Man #1: Mr. Stone!
624
00:37:24,041 --> 00:37:26,305
- Man #2: Mr. Stone!
- Man #3: A second please!
625
00:37:26,344 --> 00:37:28,471
Mr. Stone, given
the extent of homelessness,
626
00:37:28,512 --> 00:37:31,948
don't you think the court
will jump at the chance to write new law in this case?
627
00:37:31,983 --> 00:37:34,816
Homelessness may be
the greatest tragedy of our time,
628
00:37:34,852 --> 00:37:37,013
but I don't think the cure
is allowing a convicted felon
629
00:37:37,054 --> 00:37:39,420
to wander the streets.
I'm sure the court will agree.
630
00:37:39,457 --> 00:37:42,984
You've got a tough job defending
a patently unconstitutional search.
631
00:37:43,027 --> 00:37:46,360
Nothing is patently anything
until the appeals court says it is,
632
00:37:46,397 --> 00:37:49,298
and my job is to preserve
a solid murder conviction. Thank you.
633
00:37:49,333 --> 00:37:51,995
Mr. Stone, what about the rights
of the homeless?
634
00:37:53,170 --> 00:37:55,730
- Man #1: There's Ackerman.
- Man #2: Mr. Ackerman?
635
00:37:59,610 --> 00:38:03,068
Robinette:
"The Times" called Ackerman "a modern Clarence Darrow."
636
00:38:03,114 --> 00:38:05,514
I'm sure Darrow
had his off days.
637
00:38:08,552 --> 00:38:10,315
Ben.
638
00:38:10,354 --> 00:38:14,085
- Oh, hi, Norman.
- It's been what, four, five years?
639
00:38:14,125 --> 00:38:15,752
At least.
640
00:38:15,793 --> 00:38:17,920
You've stopped attending
our annual fundraiser.
641
00:38:17,962 --> 00:38:21,955
Defending the Nazis in Skokie
just didn't sit right with me.
642
00:38:21,999 --> 00:38:25,196
Our only client
is the US Constitution, you know that.
643
00:38:25,236 --> 00:38:27,431
In theory, but there are
practical consequences
644
00:38:27,471 --> 00:38:30,099
to every one of your crusades.
People get hurt, real people.
645
00:38:30,141 --> 00:38:34,100
Oh... you don't want
the "great unwashed" camping on your doorstep.
646
00:38:34,145 --> 00:38:36,340
Norman, this is
about James Polesky,
647
00:38:36,380 --> 00:38:39,372
and no, I don't want him
hanging around my lobby at night.
648
00:38:40,418 --> 00:38:43,387
Ackerman: In "Katz,"
Mr. Justice Stewart wrote
649
00:38:43,421 --> 00:38:46,652
that "Whatever a person
seeks to preserve as private,
650
00:38:46,691 --> 00:38:49,421
even in an area
accessible to the public,
651
00:38:49,460 --> 00:38:52,429
may be constitutionally
protected."
652
00:38:53,431 --> 00:38:57,891
The defendant here
did everything in his power to preserve his private space.
653
00:38:57,935 --> 00:38:59,664
Judge:
Excuse me, Mr. Ackerman,
654
00:38:59,704 --> 00:39:02,867
but the issue in "Katz"
was whether public telephones
655
00:39:02,907 --> 00:39:04,704
could be tapped
without a warrant.
656
00:39:04,742 --> 00:39:07,870
And the same court in "Oliver"
specifically refused
657
00:39:07,912 --> 00:39:10,540
to extend Fourth Amendment
protection to open fields.
658
00:39:10,581 --> 00:39:12,742
I'm well aware
of "Oliver," Your Honor.
659
00:39:12,783 --> 00:39:15,149
But I'm also aware that
at the time of that decision,
660
00:39:15,186 --> 00:39:18,212
there weren't
a million homeless people wandering this country.
661
00:39:18,255 --> 00:39:20,621
You would have us afford
the same protection
662
00:39:20,658 --> 00:39:22,751
to a man sleeping
in Central Park
663
00:39:22,793 --> 00:39:25,762
as we would to a man
in the comfort of his home?
664
00:39:25,796 --> 00:39:29,857
Central Park is his home,
Your Honor.
665
00:39:29,900 --> 00:39:33,358
It is also public ground,
paid for by local taxes.
666
00:39:33,404 --> 00:39:35,770
Ackerman:
The same taxes that were supposed to build shelters
667
00:39:35,806 --> 00:39:38,400
to house these people
and hospitals to care for them.
668
00:39:39,710 --> 00:39:43,646
Once the State abdicated its
responsibility to care for the homeless,
669
00:39:43,681 --> 00:39:47,173
the public parks, the alleys
670
00:39:47,218 --> 00:39:50,153
and the streets
became their homes.
671
00:39:51,622 --> 00:39:55,558
Just as we wouldn't
allow governmental intrusion into your bedrooms,
672
00:39:55,593 --> 00:39:58,494
we shouldn't allow intrusion
into the private corner of the world
673
00:39:58,529 --> 00:40:00,724
James Polesky calls home...
674
00:40:00,765 --> 00:40:05,793
even if it is the dirt, bushes
and rubble of Central Park.
675
00:40:07,104 --> 00:40:08,833
Thank you,
Your Honors.
676
00:40:09,940 --> 00:40:12,773
Whether or not the State
is responsible for the homeless...
677
00:40:12,810 --> 00:40:14,744
Judge:
You don't think it is, Mr. Stone?
678
00:40:14,779 --> 00:40:17,213
What I think is not
at issue here, Your Honor.
679
00:40:17,248 --> 00:40:20,877
What is at issue is the scope
the Constitution affords.
680
00:40:20,918 --> 00:40:23,546
And you don't think
it reaches Mr. Polesky?
681
00:40:23,587 --> 00:40:25,748
Balanced against
the People's interest
682
00:40:25,790 --> 00:40:29,783
in seeing a killer
put behind bars, no.
683
00:40:29,827 --> 00:40:32,955
Suppose it wasn't a knife found
under that mattress, Mr. Stone.
684
00:40:32,997 --> 00:40:37,127
Suppose it was Mr. Polesky's
personal diary.
685
00:40:37,168 --> 00:40:41,605
Should the police be allowed to invade
what is clearly private,
686
00:40:41,639 --> 00:40:45,040
or do only those
who can afford a home
687
00:40:45,075 --> 00:40:47,339
have the expectation
of privacy?
688
00:40:47,378 --> 00:40:50,814
Mr. Justice Harlan wrote
in his concurring opinion on "Katz,"
689
00:40:50,848 --> 00:40:53,373
that "the expectation
of privacy must be one
690
00:40:53,417 --> 00:40:56,978
that society is prepared
to recognize as reasonable."
691
00:40:57,021 --> 00:41:00,286
And it is your position that society
would be "unreasonable"
692
00:41:00,324 --> 00:41:03,691
in allowing the defendant
to call a dirty mattress his home?
693
00:41:03,727 --> 00:41:07,128
One of the attributes of private property
is the right to exclude others,
694
00:41:07,164 --> 00:41:09,564
and Mr. Polesky cannot
exclude others from his home,
695
00:41:09,600 --> 00:41:12,000
since his home is,
by definition, public property.
696
00:41:12,036 --> 00:41:14,402
Really, Counselor,
would it have been so difficult
697
00:41:14,438 --> 00:41:16,269
for the police
to obtain a warrant?
698
00:41:16,307 --> 00:41:17,899
(beeps)
699
00:41:17,942 --> 00:41:20,240
Thank you, Mr. Stone.
700
00:41:23,914 --> 00:41:27,372
No, I can't say that I'm at all surprised
by the court's decision.
701
00:41:27,418 --> 00:41:30,319
Mr. Ackerman,
will your victory affect the problem of the homeless?
702
00:41:30,354 --> 00:41:32,788
Wait a second,
this is not my victory.
703
00:41:32,823 --> 00:41:36,054
It is a victory for the Constitution
of the United States.
704
00:41:36,093 --> 00:41:38,186
Man: Mr. Ackerman,
what about the homeless...
705
00:41:38,229 --> 00:41:42,325
The opinion is good.
There was nothing you could have done.
706
00:41:42,366 --> 00:41:44,960
The court was
predisposed against you.
707
00:41:45,002 --> 00:41:47,027
Still, got a 3-2 decision.
708
00:41:47,071 --> 00:41:49,733
I thought the Constitution
was supposed to protect society.
709
00:41:49,773 --> 00:41:52,503
And the rights of individuals...
sometimes, they clash.
710
00:41:52,543 --> 00:41:54,306
It's a sad commentary,
isn't it?
711
00:41:54,345 --> 00:41:57,314
It's as if the court is saying,
"You have a right to a wretched existence."
712
00:41:57,348 --> 00:41:59,339
What are you gonna do?
713
00:41:59,383 --> 00:42:02,318
We could appeal to Albany...
What about a retrial?
714
00:42:02,353 --> 00:42:04,719
Without the murder weapon,
we haven't got a prayer.
715
00:42:04,755 --> 00:42:06,780
But we still have
the ring.
716
00:42:06,824 --> 00:42:08,917
O'Malley excluded it,
remember?
717
00:42:08,959 --> 00:42:10,722
I know, and he's
still wrong about it.
718
00:42:10,761 --> 00:42:14,128
Polesky has no standing
to challenge the warrantless seizure of the parka.
719
00:42:14,331 --> 00:42:17,926
I cannot believe how O'Malley
could have been so out to lunch.
720
00:42:17,968 --> 00:42:20,095
Do you think you can
engineer a change of heart?
721
00:42:20,137 --> 00:42:22,503
- If not mind?
- I'll handle it.
722
00:42:22,540 --> 00:42:27,136
New trial, Lemonhead testifies
that he got the ring from Polesky, and...
723
00:42:27,177 --> 00:42:29,304
It's circumstantial,
but it should be enough.
724
00:42:29,346 --> 00:42:31,473
If we can find
Lemonhead... he's...
725
00:42:42,560 --> 00:42:44,994
(mumbling)
726
00:42:55,005 --> 00:42:58,668
Yesterday he was screaming
for his lawyer... something about "habeas corpus."
727
00:42:58,709 --> 00:43:00,700
What the hell is that?
728
00:43:00,744 --> 00:43:03,508
It means you can't
hold him against his will.
729
00:43:03,547 --> 00:43:07,039
Every nutcase has
his day in court... I guess.
730
00:43:07,084 --> 00:43:09,245
I guess.
731
00:43:10,854 --> 00:43:13,220
Robinette:
I doubt he even knows his own name.
732
00:43:13,257 --> 00:43:15,589
There's no way we can
put him on the stand.
733
00:43:15,626 --> 00:43:17,321
He was competent
the first time.
734
00:43:17,361 --> 00:43:21,263
I saw him, Ben.
Believe me, it's over.
735
00:43:21,298 --> 00:43:23,823
Maybe Olivet
can snap him out of it.
736
00:43:27,438 --> 00:43:29,770
- You got my message?
- Yes.
737
00:43:29,807 --> 00:43:33,470
- You saw Lemonhead?
- I saw Christian Tatum.
738
00:43:33,510 --> 00:43:37,002
We didn't... it wasn't much
of a conversation.
739
00:43:37,047 --> 00:43:38,674
I know the man's
in trouble, Liz...
740
00:43:38,716 --> 00:43:41,378
The man's on anti-psychotics.
Did you know that?
741
00:43:41,418 --> 00:43:44,512
Which leaves him nauseous,
listing to one side,
742
00:43:44,555 --> 00:43:47,080
and in danger of choking
to death on his own tongue.
743
00:43:47,124 --> 00:43:51,424
I feel sorry for Mr. Tatum's condition,
but his testimony is crucial,
744
00:43:51,462 --> 00:43:53,555
and what I need to know
from you...
745
00:43:53,597 --> 00:43:56,725
is will he be able to take
the stand for just a few minutes?
746
00:43:56,767 --> 00:43:59,463
Will he be able to say
a simple "yes" or "no"?
747
00:43:59,503 --> 00:44:01,095
Nothing is that simple.
748
00:44:01,138 --> 00:44:03,834
Last time he was in the court,
he was terrified of James
749
00:44:03,874 --> 00:44:06,035
and you pushed him
into taking the stand.
750
00:44:06,076 --> 00:44:08,772
I pushed him into telling
the truth in a murder trial
751
00:44:08,812 --> 00:44:10,370
in which he entered
into a plea bargain.
752
00:44:10,414 --> 00:44:13,281
He may be on some other planet,
Ben, but the guy's hurting,
753
00:44:13,317 --> 00:44:16,252
and I don't think he can
survive another circus.
754
00:44:18,389 --> 00:44:21,552
You asked for my opinion.
755
00:44:23,927 --> 00:44:26,589
I understand.
756
00:44:31,101 --> 00:44:33,661
Did you read the People's
bench memo, Your Honor?
757
00:44:33,704 --> 00:44:35,365
I did.
758
00:44:35,406 --> 00:44:37,397
Scoler:
And...?
759
00:44:37,441 --> 00:44:40,035
You're right, I was in error
in excluding the ring.
760
00:44:40,077 --> 00:44:43,342
Getting back
to the issue at hand, Judge,
761
00:44:43,380 --> 00:44:45,610
the Sixth Amendment
guarantees my client
762
00:44:45,649 --> 00:44:47,947
the right to confront
all witnesses against him.
763
00:44:47,985 --> 00:44:50,215
Judge:
Mr. Stone?
764
00:44:50,254 --> 00:44:53,382
"Testimony given
by a witness at a prior trial
765
00:44:53,424 --> 00:44:56,621
may be received into evidence
when the witness is unable to attend
766
00:44:56,660 --> 00:44:59,652
by reason of death,
illness or incapacity.
767
00:44:59,697 --> 00:45:01,358
CPL Article 670."
768
00:45:01,398 --> 00:45:03,161
And your witness
is incapacitated?
769
00:45:03,200 --> 00:45:06,966
He's institutionalized,
Your Honor.
770
00:45:07,004 --> 00:45:08,995
(laughs)
He's psychotic.
771
00:45:09,039 --> 00:45:10,939
His testimony in court
was practically hallucinatory.
772
00:45:10,974 --> 00:45:12,999
He was competent then,
773
00:45:13,043 --> 00:45:16,376
and as you recall, Mr. Scoler made
no objection to his testifying at the time.
774
00:45:16,413 --> 00:45:19,143
I'm going to grant
Mr. Stone's motion.
775
00:45:19,183 --> 00:45:21,913
Mr. Tatum's prior testimony
will be read into evidence.
776
00:45:21,952 --> 00:45:24,819
Your objection is duly noted
for the record, Mr. Scoler.
777
00:45:24,855 --> 00:45:28,848
Feel free to have another go with
the "five wise men" uptown, if you like.
778
00:45:30,728 --> 00:45:34,164
I'm thinking...
man two?
779
00:45:34,198 --> 00:45:36,826
I'm thinking murder two...
he does 25-to-life.
780
00:45:36,867 --> 00:45:38,858
I'll appeal,
we'll start over.
781
00:45:38,902 --> 00:45:40,893
I'll be here.
782
00:45:42,072 --> 00:45:43,937
Manslaughter one.
783
00:45:43,974 --> 00:45:47,273
All right, but Mr. Polesky
does the max.
784
00:45:48,412 --> 00:45:50,437
My client won't be very happy,
785
00:45:50,481 --> 00:45:53,279
but at least he'll have a roof
over his head for the next 25 years.
786
00:45:53,317 --> 00:45:55,979
So does Lemonhead...
rubber cell at Bellevue.
787
00:45:56,019 --> 00:45:57,816
And then there's
Nathan Robbins...
788
00:45:57,855 --> 00:46:00,255
he's got six feet of dirt
over his head.
789
00:46:00,290 --> 00:46:02,724
So what's "happy"
got to do with it?
790
00:46:18,475 --> 00:46:22,639
(theme music plays)
791
00:46:22,689 --> 00:46:27,239
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