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NARRATOR:
In the criminal justice system
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00:00:02,678 --> 00:00:06,558
the people are represented by two
separate yet equally important groups,
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00:00:06,615 --> 00:00:08,458
the police
who investigate crime
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00:00:08,517 --> 00:00:11,293
and the district attorneys
who prosecute the offenders.
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These are their stories.
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I'm looking at numbers,
Lieutenant Van Buren.
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Grand Theft Auto down 14%,
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Burglaries down 11%.
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You shut down a number of quality-of-life
conditions in your precinct.
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Some excellent work.
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Thank you.
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Then I look at your clearance
rate for homicides
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and a whole different
picture emerges.
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Twenty-two percent below
the Borough average.
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VAN BUREN: Well, we've had some tough
ones the last couple of months.
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CHIEF: Come on, Lieutenant,
talk to your Chief.
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What's the problem here?
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There's no problem, Chief.
We just have to try harder.
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00:00:46,288 --> 00:00:49,269
Unfortunately, that's not
an adequate response.
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00:00:49,324 --> 00:00:52,601
Well, I don't know what other
response to give you, sir.
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Something along the lines of a
guarantee is what we're looking for.
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If it means culling
the cold case files,
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you get that clearance rate up
or we'll make a guarantee.
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We'll guarantee
you'll lose your command.
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FIRST DEPUTY: We can always
find a place to transfer you
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where the pressure
wouldn't be as great.
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CHIEF:
Get the picture?
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Yes, Chief.
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ED: Here's one from 1992,
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suspect dropped dead
from a heart attack,
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and the family of the victim
moved back to Kurdistan.
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Why don't you put in
for travel vouchers?
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See if they'll let us
clear that one.
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This one's from '88.
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Homeless male Caucasian
beaten to death
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in a steam tunnel
underneath Grand Central.
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We oughta be able to home in
on that perp, no problem.
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Yeah.
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Oh, here's one from '81
that Tommy Brannigan worked.
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Mmm, your old boss.
Yeah.
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Marybeth Mosley
was 16 years old.
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Beaten to death with a
ratchet on West 92nd Street.
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Only suspect was a plumber
whose wife provided alibi.
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Maybe 19 years later
she changes her story?
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00:01:50,085 --> 00:01:51,928
Hey, why don't you call
your pal at the Daily News?
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They run a story about how
the case is still unsolved.
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Maybe somebody pops out
of the woodwork.
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00:01:56,124 --> 00:01:57,398
Brannigan still with us?
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00:01:57,459 --> 00:01:59,166
Yeah, he's retired. He
lives out on the Island.
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You wanna take a ride?
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The Mosley case, huh?
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00:02:53,215 --> 00:02:55,991
You guys must really be
looking for something to do.
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Our boss needs to get
her clearance rate up.
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So you go to
a 20-year-old case.
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00:03:00,856 --> 00:03:03,393
We were hoping the guy you
liked might have a weak alibi.
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00:03:03,458 --> 00:03:05,028
This would be the plumber?
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00:03:05,093 --> 00:03:06,163
Uh-huh. Fred Jenks.
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00:03:06,228 --> 00:03:07,400
The wife swore
she was with him.
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Yeah, he was working
on the house.
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00:03:09,798 --> 00:03:10,936
Had a record.
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00:03:10,999 --> 00:03:12,706
We sweated him
as much as we could,
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but we didn't get anywhere.
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Tommy, is there anything
you can think of
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that might help us out?
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00:03:17,672 --> 00:03:20,118
Wife's looking to give him up,
that's one thing.
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00:03:20,175 --> 00:03:21,654
If she's not,
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I don't know what to tell you.
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Mosley, Marybeth.
Initial here.
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Any loss or damage
to the property
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is the sole responsibility
of the signing officer.
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Sign over here.
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Where's the deceased's
clothing?
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00:03:36,391 --> 00:03:37,836
What you see is what we got.
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00:03:37,893 --> 00:03:39,702
What about the murder weapon?
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00:03:40,629 --> 00:03:42,768
Nineteen-inch drive ratchet.
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00:03:43,365 --> 00:03:44,810
Maybe the D.A.
held onto it,
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or the vouchering officer.
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00:03:46,868 --> 00:03:49,849
Could be it was misplaced in the
move from the old Property Room.
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Well before my time.
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00:03:51,206 --> 00:03:53,413
What's the sign-out
sheet say?
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00:03:54,276 --> 00:03:55,482
It's not attached.
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How can that be?
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00:03:56,711 --> 00:03:59,658
A 20-year-old case,
Detective. Give me a break.
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00:04:00,482 --> 00:04:03,156
Originally they liked
the plumber, Jenks.
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00:04:03,218 --> 00:04:05,630
He had access to the girl
and he had a record.
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00:04:05,687 --> 00:04:06,825
And an alibi.
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00:04:06,888 --> 00:04:08,424
Yeah. His wife.
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00:04:11,893 --> 00:04:14,840
Freddie and I split. It's three
years this past Columbus Day.
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00:04:14,896 --> 00:04:16,807
You told the detectives
investigating your husband
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00:04:16,865 --> 00:04:19,607
that he was with you the day
the Mosley girl got killed?
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00:04:19,668 --> 00:04:23,275
I got a job by Roosevelt
Avenue and Main Street,
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going out to Bayside.
Who's over there?
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00:04:25,507 --> 00:04:27,783
Do you remember telling them
he was with you?
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00:04:27,842 --> 00:04:30,254
Yeah, I remember
saying he was with me.
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00:04:30,312 --> 00:04:32,792
We were buying that
green velvet recliner
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00:04:32,847 --> 00:04:34,121
I got in my basement.
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00:04:34,182 --> 00:04:37,652
Car 214, are you gonna tell me
you're not by Roosevelt Avenue?
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00:04:37,719 --> 00:04:40,359
Ma'am, can you tell us where
we can find your ex-husband?
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00:04:40,422 --> 00:04:42,402
He's working in Chelsea.
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00:04:43,291 --> 00:04:45,703
I shouldn't even be talking
to you without my lawyer.
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00:04:45,760 --> 00:04:47,865
Hey, it's your call.
We can always come back.
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00:04:47,929 --> 00:04:49,033
Just a couple of loose ends.
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Oh, loose ends.
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00:04:50,232 --> 00:04:52,212
You guys never go away, do you?
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00:04:52,267 --> 00:04:54,213
But the theory of
the case back then
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00:04:54,269 --> 00:04:56,510
was that she was killed
by somebody who knew her.
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00:04:56,571 --> 00:04:59,518
Which is why they focused
on you and your yellow sheet.
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00:04:59,574 --> 00:05:00,678
Focused?
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00:05:00,742 --> 00:05:03,746
Frigging cops practically
rented a space in my keester.
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00:05:03,812 --> 00:05:05,723
Hey, you were working
in the Mosley house
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00:05:05,780 --> 00:05:06,952
at the time of the murder.
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00:05:07,015 --> 00:05:08,995
I was working
in the Mosley house
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00:05:09,050 --> 00:05:10,893
on the day of the murder.
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00:05:10,952 --> 00:05:12,192
At the time of the murder,
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00:05:12,254 --> 00:05:15,064
I was with my wife
buying a recliner.
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00:05:15,123 --> 00:05:17,160
Wives can be pretty loyal.
Even ex-wives.
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00:05:17,659 --> 00:05:19,104
You want someone else?
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00:05:19,160 --> 00:05:21,800
Johnny Estrada helped me
move the recliner
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00:05:21,863 --> 00:05:25,538
because my ex-wife
(CHUCKLES) was too delicate.
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00:05:26,201 --> 00:05:27,578
Go and ask him.
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00:05:28,737 --> 00:05:31,877
Since the stroke,
some things I know.
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00:05:32,340 --> 00:05:35,844
My eldest went to Syracuse,
to college,
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00:05:36,478 --> 00:05:39,516
but I can't remember
where he lives now.
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00:05:39,948 --> 00:05:41,928
(SPEAKING SPANISH)
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00:05:41,983 --> 00:05:44,395
(SPEAKING SPANISH)
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He knows.
He just can't remember.
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00:05:47,188 --> 00:05:49,395
Se?or Estrada,
you told the police
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00:05:49,457 --> 00:05:52,301
that you were with
Mr. Jenks around 7:00
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00:05:52,360 --> 00:05:53,771
the night the girl
was murdered?
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00:05:53,828 --> 00:05:56,308
Whatever I said,
it was the truth.
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00:05:56,798 --> 00:05:58,937
Well, maybe just
to help a friend,
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00:05:59,000 --> 00:06:00,809
you shaved a few minutes, huh?
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00:06:00,869 --> 00:06:04,612
No, sir, Fred Jenks
is not a murderer
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00:06:04,673 --> 00:06:06,619
and I am not a liar.
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00:06:07,475 --> 00:06:12,356
A man does not go out
to buy an easy chair
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00:06:12,414 --> 00:06:15,486
after he has murdered
a young girl.
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00:06:16,384 --> 00:06:18,921
You worked in the Mosley apartment
at the same time as Jenks?
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00:06:18,987 --> 00:06:20,796
Yes. I was a painter.
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00:06:20,855 --> 00:06:21,890
I know it was a long time ago,
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00:06:21,956 --> 00:06:24,232
but is there anything you
remember from being in the house
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00:06:24,292 --> 00:06:25,430
that could help us?
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00:06:25,493 --> 00:06:29,305
I remember a lot of boys
being in there.
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00:06:30,332 --> 00:06:34,940
And the young girl,
she was very beautiful.
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00:06:41,309 --> 00:06:42,845
Nineteen years.
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00:06:44,446 --> 00:06:46,722
Sometimes I wake up,
I think it's all a dream.
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00:06:46,781 --> 00:06:50,251
I know. I'm sorry we have to
bring the whole thing back.
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00:06:52,020 --> 00:06:55,126
Marybeth came home from school.
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00:06:56,891 --> 00:06:58,928
St. Julian's
on Columbus Avenue.
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00:06:58,993 --> 00:07:00,597
She had a riding lesson.
150
00:07:00,662 --> 00:07:02,300
The stables on 97th?
151
00:07:02,364 --> 00:07:03,604
Mmm-hmm.
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00:07:04,265 --> 00:07:06,370
She went up to change. Oh!
153
00:07:06,668 --> 00:07:10,081
Then she comes down those
stairs, two at a time.
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00:07:10,238 --> 00:07:11,717
(CHUCKLES)
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00:07:12,140 --> 00:07:14,142
Well, in her riding clothes.
156
00:07:14,209 --> 00:07:15,517
Always in a rush, that one.
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00:07:16,111 --> 00:07:18,819
I told her to sit down,
I'd make her a sandwich.
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00:07:19,581 --> 00:07:21,254
She was so skinny.
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00:07:23,651 --> 00:07:26,291
If I hadn't made her
eat that sandwich,
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00:07:26,721 --> 00:07:27,859
maybe he wouldn't
have seen her.
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00:07:29,657 --> 00:07:31,068
Did your daughter date, ma'am?
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00:07:31,659 --> 00:07:36,108
Between school, riding, the piano,
she didn't really have the time.
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00:07:37,532 --> 00:07:39,705
Was there anyone
who was interested in her?
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00:07:40,935 --> 00:07:42,346
Quite a few.
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00:07:47,909 --> 00:07:50,389
Marybeth Mosley.
We called her M and M.
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00:07:50,445 --> 00:07:52,220
Melts in your mouth.
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00:07:52,647 --> 00:07:55,321
Hey, it was the '80s.
Blame it on the Boogie.
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00:07:55,383 --> 00:07:57,260
What was your relationship
with Miss Mosley, Counselor?
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00:07:57,318 --> 00:07:58,524
Strictly platonic.
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00:07:58,586 --> 00:08:00,691
It was one I didn't get a chance
to put in the trophy case.
171
00:08:00,755 --> 00:08:03,429
Oh, I can see her death
still weighs on you.
172
00:08:03,491 --> 00:08:06,836
Look, am I showing an insufficient
amount of reverence for the dead?
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00:08:06,895 --> 00:08:07,999
Forgive me.
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00:08:08,062 --> 00:08:11,976
Anyway, like I say,
I just admired her from afar.
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00:08:12,033 --> 00:08:15,014
Well, can you think of anyone who might
have admired her a little closer up?
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00:08:15,069 --> 00:08:18,573
The only one I can remember her
going out with is Michael Sarno.
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00:08:18,640 --> 00:08:20,677
Although I don't think she
gave it up for him either.
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00:08:20,742 --> 00:08:22,244
Any relation to the Sarnos?
179
00:08:22,310 --> 00:08:24,620
Yeah, the Ambassador's son,
the Senator's nephew.
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00:08:24,679 --> 00:08:27,285
You're saying Sarno went
out with the Mosley girl.
181
00:08:27,348 --> 00:08:29,259
Yeah. For awhile.
182
00:08:29,717 --> 00:08:33,130
But from what I remember, Sarno was
too much of a wild man for her.
183
00:08:33,188 --> 00:08:35,930
Or maybe she was just too
much of a good girl for him.
184
00:08:35,990 --> 00:08:37,970
Either way, they were broken
up by the time she was killed
185
00:08:38,026 --> 00:08:39,972
because I remember he
didn't come to the funeral.
186
00:08:40,028 --> 00:08:43,032
Now, if you'll excuse me,
I've got a 10:00 in court.
187
00:08:43,097 --> 00:08:45,805
Ugh, this is like looking into a
muddy lake trying to see the bottom.
188
00:08:45,867 --> 00:08:47,005
And I have to say,
your friend Brannigan,
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00:08:47,068 --> 00:08:48,479
he wasn't a whole lot of help.
190
00:08:48,536 --> 00:08:51,813
All right. So we'll talk to some of
the other cops who worked the case.
191
00:08:51,873 --> 00:08:54,217
Most of them
are retired or dead.
192
00:08:54,309 --> 00:08:57,085
You know, I saw Charlie
Curran's name on the file.
193
00:08:57,145 --> 00:08:59,147
I know he's still with us.
194
00:08:59,747 --> 00:09:01,385
I'd just gotten
bumped up to the squad.
195
00:09:01,449 --> 00:09:02,655
Me and a bunch of
other detectives
196
00:09:02,717 --> 00:09:04,822
were assigned to a task
force to work the case.
197
00:09:04,886 --> 00:09:06,331
And you liked
the plumber, right?
198
00:09:06,387 --> 00:09:07,730
Personally, I had doubts.
199
00:09:07,789 --> 00:09:08,859
I mean, we looked at him.
200
00:09:08,923 --> 00:09:11,927
We had this guy's phones up, we talked
to everybody this guy ever knew.
201
00:09:11,993 --> 00:09:13,028
Nothing.
202
00:09:13,094 --> 00:09:15,199
I wanted to concentrate more
on some of the college boys
203
00:09:15,263 --> 00:09:17,402
that were hanging around her.
204
00:09:17,899 --> 00:09:20,277
There was this one kid, Sarno.
205
00:09:20,335 --> 00:09:22,508
Rich kid.
Nasty drunk.
206
00:09:22,570 --> 00:09:23,844
Tea head.
207
00:09:24,606 --> 00:09:25,949
Thanks.
208
00:09:26,007 --> 00:09:28,078
My call, we would've
sweated him good.
209
00:09:28,142 --> 00:09:29,815
Whose call was it?
210
00:09:29,944 --> 00:09:31,548
Tommy Brannigan.
211
00:09:31,813 --> 00:09:33,759
He was the lead detective.
212
00:09:33,815 --> 00:09:34,953
He was Homicide,
213
00:09:35,016 --> 00:09:37,758
as opposed to a slob like me
from the precinct.
214
00:09:37,819 --> 00:09:40,823
He wasn't keen on going
after anyone but Jenks.
215
00:09:41,022 --> 00:09:43,525
I opened my mouth
one too many times
216
00:09:44,058 --> 00:09:45,901
back in the bag
you go, Charlie.
217
00:09:45,960 --> 00:09:48,236
Brannigan was the one
who busted you?
218
00:09:48,296 --> 00:09:50,071
No. Tommy's good people.
219
00:09:50,131 --> 00:09:52,839
As it turns out,
he talked to this Sarno kid.
220
00:09:52,901 --> 00:09:53,971
ED: And?
221
00:09:54,035 --> 00:09:56,208
And I wish I had
known that fact.
222
00:09:56,271 --> 00:09:58,046
I went over his head
to a Captain.
223
00:09:58,106 --> 00:09:59,210
A week later,
224
00:09:59,274 --> 00:10:01,811
I'm walking a foot post
in Washington Heights.
225
00:10:01,876 --> 00:10:04,755
Could've got back on the
squad if I'd wanted,
226
00:10:04,812 --> 00:10:07,656
but the truth is,
I'd rather be in uniform.
227
00:10:08,283 --> 00:10:09,921
Too much politics
in being a detective.
228
00:10:10,785 --> 00:10:12,458
I don't know
how you guys do it.
229
00:10:12,520 --> 00:10:15,524
Oh, we're different. We're
in it for the money.
230
00:10:15,790 --> 00:10:16,860
Thanks, man.
231
00:10:20,595 --> 00:10:21,733
Tommy.
232
00:10:21,796 --> 00:10:23,537
You need anything from town?
233
00:10:24,432 --> 00:10:26,844
Your favorite Sunday, Lennie.
Lamb on the spit?
234
00:10:26,901 --> 00:10:27,936
I'll be there, Peg.
235
00:10:28,403 --> 00:10:29,541
Nice to meet you, Ed.
236
00:10:29,904 --> 00:10:31,713
Oh, you're welcome, too,
of course.
237
00:10:31,773 --> 00:10:32,808
Thank you,
Mrs. Brannigan.
238
00:10:35,777 --> 00:10:38,189
(DOOR OPENS AND CLOSES)
239
00:10:38,246 --> 00:10:40,453
Sarno.
I think I remember him.
240
00:10:40,682 --> 00:10:41,683
He was a skinny kid.
241
00:10:42,150 --> 00:10:44,460
Your notes on the interview
are missing.
242
00:10:45,687 --> 00:10:47,132
That doesn't make sense.
243
00:10:47,188 --> 00:10:48,895
But Charlie Curran says
you did talk to him.
244
00:10:48,957 --> 00:10:50,698
Right.
BRISCOE: And?
245
00:10:51,125 --> 00:10:52,195
He had an alibi.
246
00:10:52,260 --> 00:10:53,637
So did the plumber.
247
00:10:57,799 --> 00:11:00,040
Kid didn't have a record,
which Jenks did.
248
00:11:00,234 --> 00:11:02,578
Kid was away at college,
which Jenks wasn't.
249
00:11:02,870 --> 00:11:05,248
Kid had his old man
who was a citizen,
250
00:11:05,306 --> 00:11:08,253
not to mention an Ambassador,
backing him up.
251
00:11:09,043 --> 00:11:10,989
Who should I have believed?
252
00:11:15,817 --> 00:11:19,196
You understand this was
all before my time.
253
00:11:19,253 --> 00:11:23,030
We just need to know if Mr. Sarno
was here on the day in question.
254
00:11:23,091 --> 00:11:26,265
We consider all aspects of our
students' records to be privileged.
255
00:11:26,327 --> 00:11:27,362
BRISCOE: We don't.
256
00:11:27,428 --> 00:11:29,374
We can always come back
with a subpoena.
257
00:11:29,430 --> 00:11:32,343
But we couldn't guarantee the
press wouldn't get wind of it.
258
00:11:34,736 --> 00:11:36,716
Mr. Sarno
was not on campus.
259
00:11:36,771 --> 00:11:37,806
How do you know?
260
00:11:37,872 --> 00:11:40,478
He was suspended on the
complaint of a young lady.
261
00:11:40,541 --> 00:11:41,576
ED: Fellow student?
262
00:11:41,643 --> 00:11:44,817
Local girl. After a
full and fair hearing,
263
00:11:44,879 --> 00:11:47,189
he returned to the
university a year later.
264
00:11:47,248 --> 00:11:48,454
What was he suspended for?
265
00:11:51,986 --> 00:11:55,160
Will this information
be treated with discretion?
266
00:11:55,423 --> 00:11:58,063
It was nothing. I don't
want to talk about it.
267
00:11:58,126 --> 00:12:00,231
Nothing? The scion
of the Sarno family
268
00:12:00,294 --> 00:12:02,103
was tossed off campus
on your say so.
269
00:12:02,163 --> 00:12:03,335
What did he do?
270
00:12:03,398 --> 00:12:06,402
Why does it matter?
It was so long ago.
271
00:12:06,467 --> 00:12:09,175
Did I mention we're
homicide detectives?
272
00:12:12,140 --> 00:12:13,949
I was seeing Michael.
273
00:12:14,075 --> 00:12:16,612
I met him at the bar
where I waitressed.
274
00:12:16,678 --> 00:12:19,181
We both knew
it wasn't going anywhere.
275
00:12:19,247 --> 00:12:20,851
I mean, he was a Sarno
276
00:12:20,915 --> 00:12:23,794
and I lived with my mother
in a trailer park.
277
00:12:23,851 --> 00:12:25,159
But it was exciting.
278
00:12:25,219 --> 00:12:26,630
Then why the complaint?
279
00:12:27,789 --> 00:12:30,235
It was after a keg party
on campus.
280
00:12:30,725 --> 00:12:33,569
I was supposed to be
Michael's townie date.
281
00:12:33,995 --> 00:12:36,737
I left him
pawing some Chi Delt.
282
00:12:37,231 --> 00:12:41,008
Then all of a sudden I hear him pull
up in his little red sports car
283
00:12:41,069 --> 00:12:43,379
that I loved
going for rides in.
284
00:12:43,938 --> 00:12:45,042
He was drunk.
285
00:12:45,707 --> 00:12:47,846
He started putting
his hands on me.
286
00:12:47,909 --> 00:12:49,217
What'd he do?
287
00:12:49,277 --> 00:12:51,314
He pushed me down.
I hit him,
288
00:12:51,379 --> 00:12:53,723
then he hit me,
then he raped me.
289
00:12:54,849 --> 00:12:57,420
I reported it to
the school administration.
290
00:12:57,485 --> 00:12:59,226
I got a call
from Sarno's father.
291
00:12:59,454 --> 00:13:00,797
Why didn't you call the police?
292
00:13:00,855 --> 00:13:02,630
Did Sarno threaten you?
293
00:13:03,224 --> 00:13:04,862
You don't get it.
294
00:13:05,026 --> 00:13:07,063
The Sarnos don't threaten.
295
00:13:07,361 --> 00:13:08,669
They don't have to.
296
00:13:09,063 --> 00:13:11,543
His father wrote a check
I signed a paper.
297
00:13:11,599 --> 00:13:12,703
Paper saying what?
298
00:13:13,000 --> 00:13:15,446
That I had consensual sex
with him.
299
00:13:15,903 --> 00:13:17,814
I was working two jobs.
300
00:13:18,139 --> 00:13:20,847
Back then, it seemed
like a lot of money.
301
00:13:22,877 --> 00:13:26,450
My client knew Marybeth Mosley.
He liked Marybeth Mosley.
302
00:13:27,181 --> 00:13:29,525
But he absolutely
did not rape or kill her.
303
00:13:29,584 --> 00:13:31,723
And Stephanie Luchien
at college?
304
00:13:31,786 --> 00:13:33,026
Your client like her, too?
305
00:13:33,087 --> 00:13:34,395
That was consensual.
306
00:13:34,455 --> 00:13:35,525
Michael, please.
307
00:13:35,590 --> 00:13:37,194
NATHANSON: You know,
your insinuation's absurd.
308
00:13:37,258 --> 00:13:40,000
Miss Luchien signed a sworn
statement to that 20 years ago.
309
00:13:40,061 --> 00:13:42,200
You pay off
every girl he attacks?
310
00:13:42,263 --> 00:13:43,333
Cheaper to marry him off.
311
00:13:43,397 --> 00:13:44,432
Detective.
312
00:13:44,499 --> 00:13:46,137
NATHANSON: All right.
313
00:13:46,667 --> 00:13:49,671
Michael, Mr. Ambassador,
come on.
314
00:13:50,471 --> 00:13:52,075
These people have nothing.
315
00:13:52,607 --> 00:13:53,984
Uh... (CLEARS THROAT)
316
00:13:54,675 --> 00:13:58,213
If you anticipate using Stephanie
Luchien as a pattern of rape witness,
317
00:13:58,279 --> 00:13:59,815
Miss Carmichael, think again.
318
00:13:59,881 --> 00:14:02,760
And when you do, think
about your witnesses.
319
00:14:02,817 --> 00:14:06,458
Invalids who can't even remember their
own names or are dead or missing,
320
00:14:06,521 --> 00:14:07,761
along with half
the physical evidence.
321
00:14:07,822 --> 00:14:09,733
That's enough.
Barry, let's go.
322
00:14:09,791 --> 00:14:11,395
All right.
Gentlemen, Miss Carmichael.
323
00:14:14,395 --> 00:14:15,465
Now what?
324
00:14:16,531 --> 00:14:20,673
Remember what the Luchien girl said
about the little red sports car?
325
00:14:20,868 --> 00:14:23,314
You want to check
the DMV for citations?
326
00:14:23,371 --> 00:14:25,715
That's how
they nabbed Berkowitz.
327
00:14:26,774 --> 00:14:30,187
No. Nothing registered
to a Michael Sarno.
328
00:14:30,244 --> 00:14:32,121
A red sports car.
329
00:14:32,180 --> 00:14:34,421
Like 1980, '81?
330
00:14:34,482 --> 00:14:38,157
Sorry. Database is not set
up for a model search.
331
00:14:38,219 --> 00:14:40,699
Okay, try any variation
on Sarno.
332
00:14:41,155 --> 00:14:43,032
Maybe we'll get lucky.
333
00:14:45,626 --> 00:14:47,299
Got a Peter Sarno.
334
00:14:47,395 --> 00:14:48,772
The Ambassador.
335
00:14:48,830 --> 00:14:51,436
Peter Sarno owned three sedans
336
00:14:51,499 --> 00:14:54,105
and a vintage
TR6. Red.
337
00:14:54,368 --> 00:14:56,279
Triumph.
Kid's ride.
338
00:14:56,637 --> 00:15:00,175
With a parking citation issued
in the Borough of Manhattan,
339
00:15:00,241 --> 00:15:03,450
August 21st, 1981.
340
00:15:04,011 --> 00:15:05,149
The day of the murder.
341
00:15:05,213 --> 00:15:07,193
DMV can't even
spell my name right,
342
00:15:07,248 --> 00:15:09,524
and they got a 20-year-old
ticket in the system?
343
00:15:09,584 --> 00:15:10,654
Go figure.
344
00:15:11,485 --> 00:15:12,862
Hey, we know Sarno's the guy.
345
00:15:12,920 --> 00:15:14,399
We just can't find
anything to lock it down.
346
00:15:14,455 --> 00:15:17,402
Nothing further on the kid's
whereabouts on the day of the killing?
347
00:15:17,458 --> 00:15:20,905
His car was in New York, but nobody
we talked to puts him with it.
348
00:15:20,962 --> 00:15:22,339
And we talked to everybody.
349
00:15:22,396 --> 00:15:25,775
Well, if it's obvious to the
two of you 20 years later,
350
00:15:25,833 --> 00:15:28,245
how did Brannigan manage
to miss it at the time?
351
00:15:28,302 --> 00:15:31,215
Looks like he has a hard time believing
an ambassador would know how to lie.
352
00:15:31,272 --> 00:15:33,946
Tommy Brannigan's the
best pure cop lever knew.
353
00:15:34,008 --> 00:15:35,078
(KNOCK AT DOOR)
354
00:15:35,142 --> 00:15:37,816
Lieutenant, this guy'd like
to have a word with you.
355
00:15:37,879 --> 00:15:39,119
Can't you handle it?
356
00:15:39,313 --> 00:15:41,224
It's about the Mosley case.
357
00:15:41,282 --> 00:15:42,420
Ah. Thanks.
358
00:15:46,153 --> 00:15:48,394
PALEY: I saw in the paper
that the Mosley case
359
00:15:48,456 --> 00:15:50,936
was being investigated
again, and it...
360
00:15:50,992 --> 00:15:55,498
It made me remember this thing
that this guy said one time.
361
00:15:55,563 --> 00:15:56,633
ED: What guy?
362
00:15:56,697 --> 00:15:58,005
I can't tell you that.
363
00:15:58,065 --> 00:15:59,874
What can you tell us?
364
00:16:01,168 --> 00:16:04,047
This guy said he killed a girl.
365
00:16:04,939 --> 00:16:08,352
He said he beat her with a ratchet
after a night of drinking.
366
00:16:09,110 --> 00:16:11,351
I know he knew the Mosley girl.
367
00:16:12,713 --> 00:16:13,851
I think it was her.
368
00:16:13,915 --> 00:16:15,758
How did he come
to tell you this?
369
00:16:16,617 --> 00:16:19,689
We were in rehab together.
It was in a meeting.
370
00:16:19,954 --> 00:16:21,160
ED: For this information
to be of any use,
371
00:16:21,222 --> 00:16:23,031
you're gonna have to
tell us who the guy is.
372
00:16:23,090 --> 00:16:25,730
I'm not at liberty
to say who it is.
373
00:16:25,793 --> 00:16:27,534
Why did you come here,
Mr. Paley?
374
00:16:27,595 --> 00:16:28,869
I don't know. I...
375
00:16:29,964 --> 00:16:32,137
I was afraid maybe you'd
arrest the wrong guy.
376
00:16:32,199 --> 00:16:34,702
And how does this stop us
from doing that?
377
00:16:34,769 --> 00:16:38,410
Well, you could maybe tell me who
it is that you're gonna arrest,
378
00:16:38,472 --> 00:16:42,420
and I could tell you if it
was the same guy or not.
379
00:16:42,843 --> 00:16:46,416
Lieutenant, would you and Detective
Green excuse us for a minute?
380
00:16:46,480 --> 00:16:47,584
Sure.
381
00:16:53,521 --> 00:16:55,000
(DOOR CLOSES)
382
00:16:57,525 --> 00:16:59,232
How much time you got in?
383
00:17:00,861 --> 00:17:02,306
Two and a half years.
384
00:17:02,363 --> 00:17:04,673
I'll have five years.
February 5th.
385
00:17:04,732 --> 00:17:07,212
So you know.
I can't say a name.
386
00:17:08,903 --> 00:17:10,780
Yeah, but I know this.
387
00:17:11,272 --> 00:17:16,346
There's a woman out there who lost a
daughter, who deserves some closure.
388
00:17:16,944 --> 00:17:20,551
And there's a bunch of cops
trying very hard to find out
389
00:17:20,615 --> 00:17:22,822
who committed a murder
20 years ago.
390
00:17:22,883 --> 00:17:25,830
Now, maybe they're gonna
arrest the right person.
391
00:17:25,886 --> 00:17:28,833
But there's always a chance they
could arrest the wrong person.
392
00:17:28,889 --> 00:17:30,835
So what are you saying
I should do?
393
00:17:32,593 --> 00:17:35,039
Ask your higher power
what's right.
394
00:17:39,033 --> 00:17:40,637
Michael Sarno,
you're under arrest
395
00:17:40,701 --> 00:17:42,146
for the murder of
Marybeth Mosley.
396
00:17:42,203 --> 00:17:43,682
Dad.
Not a word, Michael.
397
00:17:43,738 --> 00:17:44,773
Michael, trust me.
You'll be fine.
398
00:17:44,839 --> 00:17:45,874
Are those necessary?
399
00:17:45,940 --> 00:17:47,476
Detective, my client's
surrendering.
400
00:17:47,541 --> 00:17:50,147
Yeah, sure. If he gives us his word
of honor never to do it again,
401
00:17:50,211 --> 00:17:52,623
we'll just forget
the whole thing.
402
00:17:57,151 --> 00:18:00,030
Let's see, one count each,
Murder in the Second Degree,
403
00:18:00,087 --> 00:18:02,089
Rape in the First Degree.
404
00:18:02,456 --> 00:18:04,333
1981?
405
00:18:04,792 --> 00:18:08,501
A little slow stepping up to the plate
on this one, eh, Ms. Carmichael?
406
00:18:08,562 --> 00:18:09,734
Mr. Nathanson?
407
00:18:09,797 --> 00:18:11,799
Not guilty to all
charges, Your Honor.
408
00:18:11,866 --> 00:18:13,368
CARMICHAEL: People request
remand, Your Honor.
409
00:18:13,434 --> 00:18:14,879
The defendant is being
charged with a murder
410
00:18:14,935 --> 00:18:17,313
he's taken pains to conceal
for the past two decades.
411
00:18:17,371 --> 00:18:19,282
He's concealed nothing
because he's done nothing.
412
00:18:19,340 --> 00:18:20,341
CARMICHAEL: He's
confessed, Your Honor.
413
00:18:20,408 --> 00:18:21,443
NATHANSON:
Nothing of the sort.
414
00:18:21,509 --> 00:18:22,681
And defense challenges
the statement
415
00:18:22,743 --> 00:18:25,189
as uncorroborative
of the underlying charges.
416
00:18:25,246 --> 00:18:26,452
It's a matter of fact
for a jury, Judge.
417
00:18:26,514 --> 00:18:27,549
Your Honor, we...
418
00:18:27,615 --> 00:18:29,617
Save it for trial, Counselor.
419
00:18:29,684 --> 00:18:31,630
Bail is set at
one million dollars.
420
00:18:34,422 --> 00:18:36,060
We'll post that before lunch.
421
00:18:36,123 --> 00:18:37,932
I'm happy for you both.
422
00:18:37,992 --> 00:18:39,096
Next.
423
00:18:40,728 --> 00:18:44,938
Ah, you see, J.J., what
detectives do 90% of the time
424
00:18:44,999 --> 00:18:47,240
is sit around and drink coffee.
425
00:18:47,768 --> 00:18:49,270
And you got
perfect timing, too.
426
00:18:49,337 --> 00:18:51,044
We were just gonna
send down for lunch.
427
00:18:51,105 --> 00:18:52,209
ED: What's up, J.J.?
428
00:18:52,273 --> 00:18:54,412
You want me to take him downstairs and
show him how to roll fingerprints?
429
00:18:54,475 --> 00:18:56,682
Very nice of you, Ed, but I
don't want to be a bother.
430
00:18:56,744 --> 00:18:58,382
No bother.
You want to go?
431
00:18:58,446 --> 00:18:59,550
Could I?
432
00:18:59,613 --> 00:19:00,717
Sure.
433
00:19:01,248 --> 00:19:03,353
BRANNIGAN: I'll be down
for you in a second.
434
00:19:05,252 --> 00:19:06,890
Thanks for calling me
about the collar.
435
00:19:07,021 --> 00:19:10,434
Oh, hey, after the boss, you
were the first one to find out.
436
00:19:10,491 --> 00:19:13,267
I dug around in my notes for the
name and address of this girl.
437
00:19:13,327 --> 00:19:16,399
Janice Trainor. She was
Marybeth's girlfriend.
438
00:19:16,464 --> 00:19:18,637
I figured they might
want her for a witness.
439
00:19:18,699 --> 00:19:19,871
Yeah, I'll let 'em know.
440
00:19:21,302 --> 00:19:22,372
You wouldn't happen to know
441
00:19:22,436 --> 00:19:24,916
whether they were planning on
calling me as a witness, would you?
442
00:19:24,972 --> 00:19:26,280
No, I don't.
443
00:19:26,340 --> 00:19:28,342
Only reason I ask
is I'm supposed to go down
444
00:19:28,409 --> 00:19:30,252
to my daughter's
in Florida around then,
445
00:19:30,311 --> 00:19:33,258
and I'd be looking to buy the
tickets couple of weeks in advance
446
00:19:33,314 --> 00:19:34,418
on account of the fare.
447
00:19:34,482 --> 00:19:35,984
You call in
to the D.A.'s office?
448
00:19:36,050 --> 00:19:38,792
Ah, I don't want to be
a pain in the ass.
449
00:19:39,854 --> 00:19:42,164
Give me a call if you
hear anything, will you?
450
00:19:42,223 --> 00:19:43,600
You got it.
451
00:19:45,326 --> 00:19:46,862
And congratulations.
452
00:19:46,927 --> 00:19:48,770
Oh! Hey, we caught a break.
453
00:19:48,829 --> 00:19:50,638
I wish it had been me.
454
00:19:50,698 --> 00:19:53,110
But if it wasn't me,
I'm glad it was you.
455
00:19:54,168 --> 00:19:55,806
Take care, Tommy.
456
00:20:00,274 --> 00:20:02,515
Nathanson is right behind me.
457
00:20:03,444 --> 00:20:05,117
What can we do for you, Barry?
458
00:20:05,179 --> 00:20:07,022
Ah, some preliminary matters.
459
00:20:07,782 --> 00:20:09,728
Like pleading your client
to the top count?
460
00:20:09,784 --> 00:20:11,661
NATHANSON: Hey, hey,
sense of humor.
461
00:20:11,719 --> 00:20:14,199
Something your predecessors lacked.
I like that.
462
00:20:14,255 --> 00:20:17,259
Half your witnesses are dead
or in need of nursing care.
463
00:20:17,324 --> 00:20:19,270
Missing evidence,
contradictory statements.
464
00:20:19,326 --> 00:20:23,274
No, Mr. Sarno is not inclined
to plead to anything.
465
00:20:23,330 --> 00:20:28,075
Fine. I'm curious to hear how he
explains his confession to a jury.
466
00:20:28,135 --> 00:20:29,307
Confession?
467
00:20:29,370 --> 00:20:30,815
Doesn't pass
the laugh test, Jack.
468
00:20:30,871 --> 00:20:31,872
Motion to suppress.
469
00:20:31,939 --> 00:20:34,647
Only person ever hears of my client's
purported statements is a judge.
470
00:20:39,980 --> 00:20:41,516
"Sarno's alleged declaration,"
471
00:20:41,582 --> 00:20:45,655
"ambiguous at best, is in any event
inadmissible as privileged."
472
00:20:45,953 --> 00:20:48,229
Didn't you tell me Sarno
confessed to a friend
473
00:20:48,289 --> 00:20:50,030
in a group therapy session?
474
00:20:50,090 --> 00:20:52,536
Yeah, Paley. He's the only
one who wants to talk.
475
00:20:52,593 --> 00:20:53,867
He'll have to do.
476
00:20:53,928 --> 00:20:56,204
Every do-gooder in town's
jumping on the Sarno bandwagon.
477
00:20:56,263 --> 00:20:58,470
Amicus briefs on
the motion to suppress.
478
00:20:58,532 --> 00:21:01,138
AA, ACLU, AMA.
479
00:21:07,641 --> 00:21:09,780
Now, Doctor,
you are a psychologist,
480
00:21:09,844 --> 00:21:11,517
licensed by
the State of New York?
481
00:21:11,579 --> 00:21:12,614
I am.
482
00:21:12,680 --> 00:21:15,092
I'm also the director
of the Morningside Clinic,
483
00:21:15,149 --> 00:21:17,720
a drug and alcohol
rehabilitation institute.
484
00:21:17,785 --> 00:21:20,766
And you were leading a group therapeutic
session on the morning in question?
485
00:21:20,821 --> 00:21:22,027
Yes, Mr. Nathanson.
486
00:21:22,089 --> 00:21:24,091
Mr. Sarno was
one of four patients
487
00:21:24,158 --> 00:21:26,069
undergoing intensive
counseling sessions
488
00:21:26,126 --> 00:21:28,834
as part of their treatment
for alcohol addiction.
489
00:21:29,129 --> 00:21:32,838
Dr. Hermann, without revealing the
remarks of any of the participants,
490
00:21:32,900 --> 00:21:34,140
is there any doubt in your mind
491
00:21:34,201 --> 00:21:38,377
that this session was conducted within
the confines of a professional setting?
492
00:21:38,439 --> 00:21:40,214
No, none whatsoever.
493
00:21:43,410 --> 00:21:47,517
What's to stop a member of a group
from telling someone, anyone,
494
00:21:47,848 --> 00:21:49,850
what was said
in a therapy session?
495
00:21:49,917 --> 00:21:52,659
Legally, I'm not qualified
to answer, sir.
496
00:21:52,887 --> 00:21:54,127
Morally, ethically,
497
00:21:54,188 --> 00:21:57,601
I believe my patients feel bound
by a sense of confidentiality.
498
00:21:57,658 --> 00:22:00,537
"What you hear here when you
leave here, let it stay here."
499
00:22:00,594 --> 00:22:02,505
You're aware that notion
has no legal effect?
500
00:22:02,563 --> 00:22:06,978
Objection. The witness has already stated
that he holds no degree in jurisprudence.
501
00:22:07,034 --> 00:22:08,240
Sustained.
502
00:22:13,440 --> 00:22:15,886
As lead counsel,
I speak for all parties.
503
00:22:15,943 --> 00:22:18,549
Whatever Mr. Sarno
may have said
504
00:22:18,612 --> 00:22:21,684
falls under CPLR 4507.
505
00:22:21,749 --> 00:22:23,319
That section creates
the privilege
506
00:22:23,384 --> 00:22:26,797
between a psychologist
and one client. Singular.
507
00:22:26,854 --> 00:22:29,357
Mr. Sarno was in a group
therapeutic session
508
00:22:29,423 --> 00:22:31,699
conducted within AA guidelines,
509
00:22:31,759 --> 00:22:33,636
supervised by
a licensed psychologist.
510
00:22:33,694 --> 00:22:34,729
Your Honor...
511
00:22:34,795 --> 00:22:35,967
That's not just my
position, Your Honor,
512
00:22:36,030 --> 00:22:38,203
but those of the American
Civil Liberties Union
513
00:22:38,265 --> 00:22:40,802
and the American Medical
Association and AA.
514
00:22:40,868 --> 00:22:42,438
Your Honor has their
Amicus submissions.
515
00:22:42,503 --> 00:22:44,107
JACK: So we're
on the same page.
516
00:22:44,171 --> 00:22:46,913
Your client did admit
killing the Mosley girl?
517
00:22:46,974 --> 00:22:48,453
I make no such concession,
Your Honor.
518
00:22:48,509 --> 00:22:50,853
JACK: Mr. Sarno made his statements
in a room full of people.
519
00:22:50,911 --> 00:22:52,652
Their presence
shatters any privilege.
520
00:22:52,713 --> 00:22:55,660
Not if they're all members
of a therapeutic group.
521
00:22:55,716 --> 00:22:59,027
The privilege radiates from the
psychologist to each member.
522
00:22:59,086 --> 00:23:00,463
People v. Wilkins,
523
00:23:00,521 --> 00:23:04,628
the privilege between psychologist and
client should be viewed as broader,
524
00:23:04,692 --> 00:23:06,399
broader than
doctor-patient.
525
00:23:06,460 --> 00:23:09,669
There is no confidentiality
when others are included.
526
00:23:09,730 --> 00:23:12,711
The point of group therapy,
all therapy is to heal
527
00:23:12,766 --> 00:23:14,336
through revelation and sharing.
528
00:23:14,401 --> 00:23:16,472
Where does it end, Your Honor?
529
00:23:16,537 --> 00:23:20,417
Privilege as such is designed to
be as narrowly drawn as possible.
530
00:23:20,474 --> 00:23:21,612
Your Honor, be advised
531
00:23:21,675 --> 00:23:23,586
that the organizations
represented here today
532
00:23:23,644 --> 00:23:25,248
are prepared to take
this point on appeal
533
00:23:25,312 --> 00:23:27,258
all the way up to the nine
wise souls in Washington,
534
00:23:27,314 --> 00:23:29,089
if necessary.
Enough.
535
00:23:30,718 --> 00:23:35,326
The purpose of the statute conferring
psychologist-client privilege is clear.
536
00:23:35,556 --> 00:23:39,368
Without unfettered communication
between therapist and client,
537
00:23:39,426 --> 00:23:41,463
the therapeutic effect
would suffer.
538
00:23:41,528 --> 00:23:45,135
That Mr. Sarno made statements
in front of other clients
539
00:23:45,199 --> 00:23:46,872
I find immaterial.
540
00:23:47,001 --> 00:23:49,709
The motion to suppress
is granted.
541
00:23:49,770 --> 00:23:51,807
Counsel is to pick
a date for trial.
542
00:23:51,872 --> 00:23:53,044
Preferably a short one.
543
00:23:53,107 --> 00:23:54,609
(GAVEL POUNDS)
544
00:23:55,009 --> 00:23:56,420
Mr. McCoy...
545
00:23:56,677 --> 00:24:00,523
Mr. Nathanson tells me you have
little in the way of evidence,
546
00:24:00,581 --> 00:24:03,790
and now you haven't got
my son's statement either.
547
00:24:04,151 --> 00:24:05,494
All due respect,
Mr. Ambassador,
548
00:24:05,552 --> 00:24:08,624
we have sufficient for conviction,
as Judge Rivera indicated.
549
00:24:08,689 --> 00:24:11,533
Please, Mr. McCoy,
we're not children here.
550
00:24:12,459 --> 00:24:15,440
I know the distance between a technical
sufficiency and a conviction.
551
00:24:15,929 --> 00:24:17,374
What do you want,
Mr. Sarno?
552
00:24:17,431 --> 00:24:20,310
I want what any parent
in my position would.
553
00:24:20,367 --> 00:24:22,973
An end to the persecution
of my boy.
554
00:24:23,037 --> 00:24:25,449
It's prosecution,
not persecution.
555
00:24:25,773 --> 00:24:27,980
And we're doing this because
we think your son is guilty.
556
00:24:28,042 --> 00:24:30,921
Please, spare me the
fake pieties, Counselor.
557
00:24:30,978 --> 00:24:34,187
You're doing it to see
your name in the paper.
558
00:24:37,985 --> 00:24:41,990
Missing murder weapon, no DNA,
no eyewitness, no confession.
559
00:24:43,057 --> 00:24:46,061
And with Nathanson, you
ain't seen nothing yet.
560
00:24:46,126 --> 00:24:47,935
So where do we start?
561
00:24:48,328 --> 00:24:51,537
I'll dazzle them in the
courtroom as long as I can.
562
00:24:52,466 --> 00:24:54,377
See what you can dig up.
563
00:24:57,871 --> 00:25:00,477
CARMICHAEL: Okay, the M.E.
at the time was Dr. Singh.
564
00:25:00,541 --> 00:25:01,815
Deceased.
565
00:25:02,042 --> 00:25:04,249
(SIGHS) There's no
putting him on the stand.
566
00:25:04,311 --> 00:25:08,726
His report still establishes that
Mosley was killed with a ratchet.
567
00:25:09,116 --> 00:25:12,188
Well, jurors aren't generally
too taken with pieces of paper.
568
00:25:12,252 --> 00:25:14,493
And the ratchet itself is gone.
569
00:25:14,788 --> 00:25:16,233
Yeah. Now,
how does that happen?
570
00:25:16,857 --> 00:25:19,098
Well, once an investigation
is concluded,
571
00:25:19,159 --> 00:25:22,368
evidence is moved from one
PP to a warehouse in Queens.
572
00:25:22,429 --> 00:25:24,875
Sometimes it gets lost,
mislabeled.
573
00:25:25,098 --> 00:25:27,442
And what about before an
investigation is concluded?
574
00:25:27,501 --> 00:25:29,105
It stays in the Property Room.
575
00:25:29,169 --> 00:25:30,204
Unless?
576
00:25:30,270 --> 00:25:34,275
Unless someone signs them out and
we've looked for those logs,
577
00:25:34,341 --> 00:25:35,945
and they're nowhere
to be found.
578
00:25:36,009 --> 00:25:38,250
Can we found out who made
the entries in those logs?
579
00:25:38,312 --> 00:25:39,347
Sure.
580
00:25:39,413 --> 00:25:42,155
Maybe we'll actually find
someone who's alive.
581
00:25:45,085 --> 00:25:47,361
CURRAN: At the time of
the original investigation,
582
00:25:47,421 --> 00:25:51,528
I was assigned to assist the primary
investigator in the collection of evidence.
583
00:25:51,592 --> 00:25:55,734
In that capacity, did you have occasion
to visit the Sarno family home?
584
00:25:55,796 --> 00:25:56,866
I did.
585
00:25:56,930 --> 00:25:59,308
Specifically, I entered
the underground parking area
586
00:25:59,366 --> 00:26:01,937
of the Sarno townhouse
on 5th Avenue.
587
00:26:02,002 --> 00:26:05,472
Would you please tell the jury what,
if anything, you observed there.
588
00:26:06,140 --> 00:26:08,586
Mr. Sarno maintained
a well-equipped workroom,
589
00:26:08,642 --> 00:26:11,418
including an extensive
collection of tools,
590
00:26:11,478 --> 00:26:13,822
among them was a large set
of drivers and ratchets,
591
00:26:14,615 --> 00:26:17,357
missing from these
was a one-inch driver.
592
00:26:22,723 --> 00:26:25,795
Nothing whatsoever
of this witness, Your Honor.
593
00:26:28,295 --> 00:26:31,606
JACK: Marybeth Mosley,
was she popular in school?
594
00:26:32,566 --> 00:26:34,739
I used to be so jealous of her.
595
00:26:34,801 --> 00:26:36,747
Her hair was so straight.
596
00:26:36,804 --> 00:26:40,013
Gorgeous skin.
She was very popular.
597
00:26:40,073 --> 00:26:42,417
Did you know if she had
feelings for the defendant?
598
00:26:43,210 --> 00:26:44,689
For awhile she did.
599
00:26:44,745 --> 00:26:46,747
He was funny,
and he had a lot of charm,
600
00:26:46,814 --> 00:26:49,624
and he really made an effort
to sweep her off her feet.
601
00:26:49,683 --> 00:26:51,356
One summer
they wound up going out.
602
00:26:51,418 --> 00:26:54,092
Were you aware of what it was
that made them stop going out?
603
00:26:54,154 --> 00:26:58,125
Michael wanted a full-on sexual
relationship and Marybeth didn't.
604
00:26:58,425 --> 00:27:00,234
She was definite about it.
605
00:27:00,294 --> 00:27:01,898
He wouldn't take no
for an answer.
606
00:27:01,962 --> 00:27:03,032
Objection.
607
00:27:03,096 --> 00:27:05,667
How on Earth does she know what
my client would or would not
608
00:27:05,732 --> 00:27:09,475
have taken for an answer going back,
what is it, 20 years in time?
609
00:27:09,536 --> 00:27:10,879
Sustained.
610
00:27:11,872 --> 00:27:15,911
Ms. Trainor, was there a time
when, in your presence,
611
00:27:15,976 --> 00:27:19,321
Marybeth Mosley physically
rejected Mr. Sarno?
612
00:27:19,379 --> 00:27:21,222
We were at a school dance.
613
00:27:21,281 --> 00:27:23,784
Afterwards, a bunch of
us went for burgers.
614
00:27:23,850 --> 00:27:25,955
Michael sat beside Marybeth.
615
00:27:26,653 --> 00:27:28,394
He put his hands on her.
616
00:27:28,455 --> 00:27:30,332
I'm pretty sure he was drunk.
617
00:27:30,390 --> 00:27:32,165
She told him to stop.
He wouldn't.
618
00:27:32,226 --> 00:27:34,331
She threw a basket
of fries in his lap.
619
00:27:34,394 --> 00:27:35,964
That slow him down a bit?
620
00:27:36,029 --> 00:27:39,602
No. And when she started
to cry, he laughed at her.
621
00:27:40,200 --> 00:27:43,113
He said he could have her
anytime he wanted.
622
00:27:43,503 --> 00:27:46,575
Thank you, Ms. Trainor.
I have nothing further.
623
00:27:53,580 --> 00:27:55,719
Those his words,
Ms. Trainor?
624
00:27:56,216 --> 00:27:57,593
"I can have you
anytime I want"?
625
00:27:58,452 --> 00:28:00,932
It's hard to remember
exactly after 20 years.
626
00:28:01,255 --> 00:28:06,170
So your response to Mr. McCoy's question
was, what, inexact or invented?
627
00:28:06,560 --> 00:28:07,698
Objection.
628
00:28:07,761 --> 00:28:09,001
No, I'm going to allow it.
629
00:28:09,062 --> 00:28:11,042
I was trying to remember.
630
00:28:11,231 --> 00:28:14,007
Anyone from the District Attorney's
Office help you to remember?
631
00:28:14,067 --> 00:28:15,410
Objection.
632
00:28:15,469 --> 00:28:17,380
JUDGE RIVERA:
Sustained.
633
00:28:18,472 --> 00:28:21,919
Ms. Trainor,
did you relate any part
634
00:28:22,843 --> 00:28:26,188
of this tale of rejection
to the police 20 years ago?
635
00:28:26,246 --> 00:28:27,919
I spoke to a detective, yes.
636
00:28:27,981 --> 00:28:29,790
So it's your testimony
as you sit here today,
637
00:28:29,850 --> 00:28:32,729
that you told an NYPD
detective that my client was,
638
00:28:32,786 --> 00:28:34,197
what, going out
with Miss Mosley?
639
00:28:34,254 --> 00:28:35,289
Yes.
640
00:28:35,355 --> 00:28:37,995
That he was actively
sexually pursuing her?
641
00:28:38,558 --> 00:28:39,628
Yes.
642
00:28:39,726 --> 00:28:42,070
Your Honor, I call for the
production of police reports
643
00:28:42,129 --> 00:28:44,439
reflecting the statements
of this witness.
644
00:28:44,498 --> 00:28:45,806
Counsel, step up.
645
00:28:49,536 --> 00:28:51,345
Do you have this,
Mr. McCoy?
646
00:28:51,405 --> 00:28:54,648
Judge, it's been 20 years. Some of
the documentation has been mislaid.
647
00:28:54,708 --> 00:28:57,552
My client's accused of murder and
Mr. McCoy pleads sloppiness?
648
00:28:57,611 --> 00:28:58,646
This is unbelievable.
649
00:28:58,712 --> 00:29:01,488
Oh, save the histrionics
for the closing, Barry.
650
00:29:01,548 --> 00:29:04,358
JACK: Whether she spoke to a detective
20 years ago is immaterial.
651
00:29:04,418 --> 00:29:05,692
She's here now.
652
00:29:05,752 --> 00:29:08,756
Your Honor, they're pulling an O.J.
in reverse.
653
00:29:08,822 --> 00:29:12,133
Instead of planting evidence, they're
framing my client with the absence of it.
654
00:29:12,192 --> 00:29:13,637
That's an outrageous
accusation.
655
00:29:13,694 --> 00:29:16,038
I move to strike the witness's
testimony in its entirety.
656
00:29:16,096 --> 00:29:17,302
Denied.
657
00:29:17,464 --> 00:29:19,774
Well, I reserve the right
to argue in closing
658
00:29:19,833 --> 00:29:24,077
that the testimony is unsupported by
documents and that it's fabricated.
659
00:29:25,439 --> 00:29:27,316
Granted.
Now step back.
660
00:29:32,145 --> 00:29:35,251
HOPP: I wasn't always in the
Property Room, you know.
661
00:29:35,716 --> 00:29:38,788
1963, I was wounded
in a shootout.
662
00:29:38,852 --> 00:29:40,832
One of the Chinese gangs
down on East Broadway.
663
00:29:40,887 --> 00:29:41,922
Really?
664
00:29:41,988 --> 00:29:44,161
And don't think I didn't
make a collar anyway.
665
00:29:44,224 --> 00:29:45,498
Two of 'em. Yeah.
666
00:29:45,559 --> 00:29:48,506
I walked 'em out with my
arm in a sling (LAUGHS)
667
00:29:48,562 --> 00:29:49,563
Could show you pictures.
668
00:29:49,630 --> 00:29:50,700
Well, actually...
669
00:29:50,764 --> 00:29:54,109
A young woman
was killed around 1980.
670
00:29:54,167 --> 00:29:55,942
A Marybeth Mosley.
671
00:29:56,002 --> 00:29:58,983
The evidence from her case
disappeared from the Property Room.
672
00:29:59,039 --> 00:30:00,347
Mosley.
673
00:30:01,007 --> 00:30:02,680
Oh, wait a minute.
674
00:30:02,876 --> 00:30:04,014
She was killed with a wrench.
675
00:30:04,077 --> 00:30:05,181
A ratchet, yes.
676
00:30:06,179 --> 00:30:07,317
1980?
677
00:30:07,381 --> 00:30:08,553
Right.
678
00:30:09,516 --> 00:30:11,052
So we weren't
on Broome Street anymore.
679
00:30:11,118 --> 00:30:13,359
Do you remember anything
out of the ordinary?
680
00:30:13,420 --> 00:30:17,527
Well, I remember some guy trying to check
things out without signing for 'em.
681
00:30:17,591 --> 00:30:19,571
In fact, it was a wrench,
if I do recall.
682
00:30:19,626 --> 00:30:21,333
Do you remember who?
683
00:30:21,394 --> 00:30:24,136
Some detective. I don't
remember his name.
684
00:30:24,498 --> 00:30:28,844
Oh, driving for Inspector
Holsick is what he told me.
685
00:30:29,970 --> 00:30:32,746
I said, "I don't care who
you're driving for, Skippy."
686
00:30:32,806 --> 00:30:35,252
"You sign the ledger or you're
not taking out nothing."
687
00:30:35,308 --> 00:30:36,343
And did he?
688
00:30:36,810 --> 00:30:38,847
You're damned right he did.
689
00:30:39,513 --> 00:30:42,494
JACK: Finally, Detective,
did you attempt to retrieve
690
00:30:42,549 --> 00:30:44,790
the clothing Marybeth Mosley
was wearing
691
00:30:44,851 --> 00:30:48,094
on the day she was killed from the
Police Property Clerk's office?
692
00:30:48,155 --> 00:30:49,190
Yes.
693
00:30:49,256 --> 00:30:50,792
And the murder weapon?
694
00:30:50,857 --> 00:30:54,964
We... My partner and I were told
that they couldn't be located.
695
00:30:55,028 --> 00:30:58,601
Did the Property Clerk have any explanation
for why the items were missing?
696
00:30:58,665 --> 00:31:00,338
He said they might
have been lost
697
00:31:00,400 --> 00:31:02,880
during the course of a move
to a new building.
698
00:31:03,970 --> 00:31:06,576
Thank you, Detective.
Nothing further.
699
00:31:12,412 --> 00:31:16,053
You've never laid eyes on the alleged
murder weapon, have you, Detective?
700
00:31:16,116 --> 00:31:18,722
Well, I've never seen the dark side
of the Moon either, Counselor,
701
00:31:18,785 --> 00:31:20,264
but I know it exists.
702
00:31:20,320 --> 00:31:21,924
Maybe that's where
the ratchet is.
703
00:31:21,988 --> 00:31:23,797
(SCOFFS) Yeah, I couldn't say.
704
00:31:23,857 --> 00:31:25,632
Nor can anyone else.
705
00:31:26,460 --> 00:31:28,599
Which may mean, could it not,
706
00:31:28,662 --> 00:31:31,404
that the ratchet purportedly
missing from the Sarno's garage
707
00:31:31,465 --> 00:31:33,240
wasn't the murder weapon
at all?
708
00:31:33,300 --> 00:31:35,803
That the murder weapon
was, in fact,
709
00:31:36,737 --> 00:31:39,343
a hammer or a paperweight.
710
00:31:39,406 --> 00:31:41,443
Well, I guess
anything's possible.
711
00:31:43,276 --> 00:31:45,051
And nothing further.
712
00:31:47,748 --> 00:31:51,594
NATHANSON: Michael, how well did
you know Marybeth Mosley then?
713
00:31:51,985 --> 00:31:53,965
We dated for one summer.
714
00:31:54,421 --> 00:31:56,560
Mostly we were just friends.
715
00:31:56,790 --> 00:31:57,894
Ever kiss her?
716
00:31:58,692 --> 00:31:59,796
Sure.
717
00:32:00,393 --> 00:32:02,270
Ever have
sexual relations with her?
718
00:32:02,329 --> 00:32:03,569
No, sir.
719
00:32:04,030 --> 00:32:07,011
Michael, we've heard testimony
that you struck Miss Mosley.
720
00:32:07,067 --> 00:32:08,307
Totally untrue.
721
00:32:08,368 --> 00:32:11,315
We've heard testimony
that in front of others
722
00:32:11,371 --> 00:32:13,977
you swore you could have
her whenever you wanted.
723
00:32:14,040 --> 00:32:17,715
Look, I don't remember
what I said 20 years ago.
724
00:32:18,678 --> 00:32:22,057
Could I have said something
like that fooling around? Sure.
725
00:32:22,115 --> 00:32:24,459
But that's what it was.
Fooling around.
726
00:32:31,658 --> 00:32:34,764
Michael, did you murder
Marybeth Mosley?
727
00:32:35,729 --> 00:32:37,265
I did not, sir.
728
00:32:37,998 --> 00:32:39,739
Thank you, Michael.
729
00:32:41,668 --> 00:32:42,942
Nothing further, Your Honor.
730
00:32:44,738 --> 00:32:49,209
Do you remember telling Detective Thomas
Brannigan that you were in college...
731
00:32:49,276 --> 00:32:50,778
(DOOR OPENING)
732
00:32:51,444 --> 00:32:54,653
That you were in college
in New Hampshire
733
00:32:54,714 --> 00:32:57,320
on the day Marybeth Mosley
was murdered?
734
00:32:57,384 --> 00:32:58,658
Yes, sir.
735
00:33:02,188 --> 00:33:03,599
Was that the truth?
736
00:33:04,624 --> 00:33:05,864
No, sir.
737
00:33:06,593 --> 00:33:08,732
I'd been suspended
from college.
738
00:33:08,795 --> 00:33:10,502
I didn't want my father
to find out.
739
00:33:10,564 --> 00:33:13,204
And you weren't
in New York City
740
00:33:13,266 --> 00:33:15,473
on the day Marybeth Mosley
was killed?
741
00:33:15,535 --> 00:33:16,775
No, sir.
742
00:33:17,170 --> 00:33:18,808
But your car was?
743
00:33:24,144 --> 00:33:27,421
Your Honor, would you direct
the witness to answer?
744
00:33:27,681 --> 00:33:29,024
Mr. Sarno.
745
00:33:32,052 --> 00:33:33,725
I didn't own a car,
Mr. McCoy.
746
00:33:33,787 --> 00:33:36,165
All right, your father's car.
747
00:33:36,723 --> 00:33:38,703
A Triumph model TR6,
748
00:33:38,758 --> 00:33:43,366
which you routinely drove
back and forth to college
749
00:33:43,430 --> 00:33:45,239
and used as your own.
750
00:33:45,332 --> 00:33:49,781
Was it, sir, in New York
City the day of the murder?
751
00:33:49,970 --> 00:33:51,040
Not to my knowledge.
752
00:33:51,104 --> 00:33:55,553
Do you know how that car came
to have a parking violation
753
00:33:55,609 --> 00:33:58,021
issued by the New York
City Police on that day?
754
00:33:58,078 --> 00:33:59,318
NATHANSON: Objection.
755
00:33:59,379 --> 00:34:01,882
If the witness had no knowledge
of the car's whereabouts
756
00:34:01,948 --> 00:34:03,859
how can he possibly
answer that question?
757
00:34:03,917 --> 00:34:05,021
Sustained.
758
00:34:05,085 --> 00:34:07,827
JACK: I have no further
questions at this time.
759
00:34:07,887 --> 00:34:11,425
I reserve the right
to recall at a later date.
760
00:34:17,297 --> 00:34:18,332
Got anything?
761
00:34:18,398 --> 00:34:20,605
We need to talk to Brannigan.
762
00:34:24,304 --> 00:34:26,944
What is it with you guys
and this case?
763
00:34:27,540 --> 00:34:29,315
That's 20 years ago.
764
00:34:29,676 --> 00:34:32,350
There's no statute of
limitations on murder.
765
00:34:35,415 --> 00:34:39,261
You know how many cases I've handled
in the 23 years I was on the job?
766
00:34:39,819 --> 00:34:42,356
I don't remember
details of one case.
767
00:34:42,922 --> 00:34:46,131
You don't remember anyone
getting rid of evidence?
768
00:34:50,096 --> 00:34:51,507
No, I don't.
769
00:34:53,767 --> 00:34:55,178
Was there anyone
in the police department
770
00:34:55,235 --> 00:34:58,079
who tried to influence the way
you conducted the investigation?
771
00:35:00,674 --> 00:35:01,982
What are you saying?
772
00:35:03,677 --> 00:35:05,679
We're asking the question.
773
00:35:07,681 --> 00:35:10,628
I mean, this is just
a friendly conversation.
774
00:35:11,217 --> 00:35:14,755
Do you know how it happened that
evidence disappeared from Property Room?
775
00:35:22,162 --> 00:35:25,234
No. No, I don't.
776
00:35:25,632 --> 00:35:27,441
I don't know nothing.
777
00:35:46,820 --> 00:35:48,731
NATHANSON: Now, you were in
charge of the investigation
778
00:35:48,788 --> 00:35:51,234
into Marybeth Mosley's death,
were you not?
779
00:35:51,291 --> 00:35:52,463
I was.
780
00:35:53,126 --> 00:35:57,370
And you conducted that investigation in
the immediate aftermath of her death?
781
00:35:57,430 --> 00:35:58,465
Right.
782
00:35:59,099 --> 00:36:02,672
So the people who knew the
defendant, who knew the victim,
783
00:36:03,737 --> 00:36:07,685
their recollection of
people, places and things,
784
00:36:07,741 --> 00:36:09,277
they would have been
fresh then, would they not?
785
00:36:09,342 --> 00:36:10,753
Objection. Leading.
786
00:36:11,778 --> 00:36:12,848
Sustained.
787
00:36:12,912 --> 00:36:15,153
Did you consider Michael Sarno
788
00:36:15,815 --> 00:36:17,692
a suspect at the time?
789
00:36:17,851 --> 00:36:21,890
Tell you the truth, I don't remember
loving anyone all that much for a suspect.
790
00:36:21,955 --> 00:36:22,990
NATHANSON:
Well, as a matter of fact,
791
00:36:23,056 --> 00:36:25,764
wasn't the primary focus
of your investigation
792
00:36:25,825 --> 00:36:27,896
a plumber who'd been working
at the Mosley house?
793
00:36:27,961 --> 00:36:29,133
Right.
794
00:36:29,596 --> 00:36:31,507
I thought we had half a
shot with the plumber.
795
00:36:33,867 --> 00:36:37,041
Well, why didn't you think you had
half a shot with Michael Sarno?
796
00:36:37,103 --> 00:36:40,915
As far as we knew, he wasn't in New
York at the time of the murder.
797
00:36:40,974 --> 00:36:42,578
It was the end of the story.
798
00:36:44,177 --> 00:36:46,088
I have nothing further.
799
00:37:02,429 --> 00:37:06,878
Do you think your opinion of the
defendant's whereabouts would have changed
800
00:37:06,933 --> 00:37:11,006
if you knew his car had received
a parking violation in New York
801
00:37:11,070 --> 00:37:12,276
at the time of the murder?
802
00:37:12,339 --> 00:37:17,288
As I recall, the car that received the
parking ticket was registered to his father.
803
00:37:17,710 --> 00:37:18,780
But driven by the defendant.
804
00:37:19,579 --> 00:37:22,583
I don't recall having that
information at the time.
805
00:37:22,649 --> 00:37:23,719
What about the fact
806
00:37:24,050 --> 00:37:27,327
that a one-inch drive ratchet
was the murder weapon,
807
00:37:27,620 --> 00:37:32,035
and a one-inch drive ratchet was missing
from the defendant's father's garage?
808
00:37:32,091 --> 00:37:34,799
Given the fact that
we lost the murder weapon,
809
00:37:34,861 --> 00:37:37,239
I couldn't very well
make a case out of that.
810
00:37:37,297 --> 00:37:39,334
Would you, by any chance,
811
00:37:39,399 --> 00:37:42,073
know how the murder
weapon came to be lost?
812
00:37:42,135 --> 00:37:43,671
No, I wouldn't.
813
00:37:45,038 --> 00:37:48,679
Were you familiar with a police
inspector named Alvin Holsick?
814
00:37:52,212 --> 00:37:54,192
Yeah, I knew Al Holsick.
815
00:37:54,848 --> 00:37:55,883
Were you aware
816
00:37:55,949 --> 00:37:58,793
that from the time of his retirement
until his death two years ago
817
00:37:58,852 --> 00:38:01,526
he was working for
the defendant's father
818
00:38:01,588 --> 00:38:05,229
and being paid more than a
hundred thousand dollars a year?
819
00:38:06,092 --> 00:38:09,665
I don't know
if I knew that at all.
820
00:38:09,729 --> 00:38:12,175
I kind of lost track
when he took retirement.
821
00:38:12,232 --> 00:38:15,441
Were you aware that it was
Alvin Holsick's driver
822
00:38:15,735 --> 00:38:18,113
who removed the murder weapon
from the Property Room?
823
00:38:18,171 --> 00:38:20,583
Objection. Assuming
facts not in evidence.
824
00:38:21,274 --> 00:38:22,514
I'll connect, Judge.
825
00:38:22,776 --> 00:38:24,847
Overruled,
subject to connection.
826
00:38:28,314 --> 00:38:29,657
Detective?
827
00:38:31,885 --> 00:38:33,558
I don't know who took it.
828
00:38:36,756 --> 00:38:39,760
All right, Detective, I'm
going to ask you a question,
829
00:38:39,826 --> 00:38:43,035
and I want you to think
about it before you answer.
830
00:38:43,563 --> 00:38:47,238
Because what you say will be with
you for the rest of your life.
831
00:38:50,737 --> 00:38:54,207
Did Inspector Holsick interfere
with your investigation?
832
00:39:00,713 --> 00:39:02,693
Holsick looked after me.
833
00:39:04,050 --> 00:39:06,291
He said,
"Sarno's not the guy."
834
00:39:07,153 --> 00:39:08,962
I was a little naive.
835
00:39:09,189 --> 00:39:11,965
I said, "I don't know,
Inspector, I think maybe he is."
836
00:39:12,659 --> 00:39:16,129
He said, "You're not hearing me, Tommy.
I'm telling you."
837
00:39:16,196 --> 00:39:18,005
"Sarno's not the guy."
838
00:39:19,198 --> 00:39:22,042
"And as soon as that
proves to be the case,"
839
00:39:22,168 --> 00:39:24,705
"you just made yourself
First Grade."
840
00:39:25,405 --> 00:39:26,645
And how did your respond?
841
00:39:26,706 --> 00:39:29,118
I said,
"What about the evidence?"
842
00:39:29,442 --> 00:39:31,888
He said, "Make sure
that the murder weapon"
843
00:39:31,945 --> 00:39:34,983
"is checked into the Property
Room." He'd take care of it.
844
00:39:35,048 --> 00:39:38,120
He said Sarno was spreading
around enough cash
845
00:39:38,885 --> 00:39:41,729
that whatever's out there
wouldn't bite us.
846
00:39:43,690 --> 00:39:44,828
Did you do what you were told?
847
00:39:44,891 --> 00:39:47,030
I made First Grade, didn't I?
848
00:39:49,195 --> 00:39:52,074
No special pins,
nothing on the uniform.
849
00:39:52,131 --> 00:39:56,341
Just top Lieutenant's pay
and every cop knows.
850
00:39:57,337 --> 00:39:59,749
My old man, rest his soul,
851
00:39:59,806 --> 00:40:02,650
he looked on First Graders
like they walked on water.
852
00:40:02,709 --> 00:40:06,384
When I got it, I went down to the
nursing home and I told him.
853
00:40:06,446 --> 00:40:09,586
I didn't tell him
what I had to do to get it.
854
00:40:12,452 --> 00:40:15,729
That I had to let that
murdering son of a bitch go.
855
00:40:21,861 --> 00:40:24,899
We're prepared to offer a
plea of Manslaughter Two.
856
00:40:24,964 --> 00:40:27,808
Oh. As opposed
to an acquittal?
857
00:40:27,867 --> 00:40:30,313
As opposed to giving
this case to the jury,
858
00:40:30,370 --> 00:40:33,112
in which case,
regardless of the verdict,
859
00:40:33,506 --> 00:40:36,009
we will prosecute
Mr. Sarno Senior here
860
00:40:36,075 --> 00:40:39,887
for obstruction of justice and
conspiracy to obstruct justice.
861
00:40:39,979 --> 00:40:41,253
Have you lost your mind?
862
00:40:41,314 --> 00:40:42,816
NATHANSON: Peter...
I didn't have any...
863
00:40:42,882 --> 00:40:44,020
Peter, just hang on a second.
864
00:40:44,083 --> 00:40:45,824
Let's assume you have
more than the say-so
865
00:40:45,885 --> 00:40:48,195
of this broken down cop to go
on, which I don't think you do.
866
00:40:48,254 --> 00:40:51,758
You're talking about something
that happened 20 years ago, Jack.
867
00:40:51,858 --> 00:40:54,668
Statute of limitations ran out
a long time ago. Come on.
868
00:40:54,727 --> 00:40:57,731
We would argue that the
conspiracy has been ongoing,
869
00:40:57,797 --> 00:41:00,607
and that since Mr. Sarno
actively concealed his crime,
870
00:41:00,667 --> 00:41:02,840
the statute of limitations
does not apply.
871
00:41:02,902 --> 00:41:04,779
Plea... Wrong on the
facts, wrong on the law.
872
00:41:04,837 --> 00:41:06,680
Want to go to court on it?
873
00:41:06,739 --> 00:41:08,275
JACK: Take a chance
on the Ambassador
874
00:41:08,341 --> 00:41:10,287
having an E-felony
hung around his neck?
875
00:41:10,343 --> 00:41:12,254
He doesn't deserve that.
876
00:41:12,612 --> 00:41:14,182
Plead guilty and your
father's off the hook.
877
00:41:14,247 --> 00:41:16,659
But I mean,
he doesn't deserve it.
878
00:41:17,050 --> 00:41:19,929
If there was a crime, it was my crime.
Why would you go after him?
879
00:41:19,986 --> 00:41:21,727
I'd like to talk
to my son privately.
880
00:41:21,788 --> 00:41:23,529
Like how much time would
I have to spend in jail
881
00:41:23,589 --> 00:41:25,262
for Manslaughter Two
or whatever it is?
882
00:41:25,325 --> 00:41:27,965
Did you hear what I said, Michael?
I'd like to talk to you privately.
883
00:41:28,027 --> 00:41:31,804
The sentencing recommendation would
be eight-and-a-third to 12 years.
884
00:41:31,864 --> 00:41:34,242
PETER: Talk to me,
don't talk to him.
885
00:41:34,300 --> 00:41:36,041
You're not his lawyer,
Mr. Sarno.
886
00:41:36,102 --> 00:41:37,911
That's right, I'm his father.
887
00:41:37,971 --> 00:41:39,473
He's 39 years old.
888
00:41:39,539 --> 00:41:42,645
He's also loaded or haven't
you noticed that yet?
889
00:41:45,178 --> 00:41:46,919
Michael, that true?
890
00:41:48,347 --> 00:41:49,621
I'm fine.
891
00:41:50,416 --> 00:41:53,124
All right, he can't participate
in plea discussions,
892
00:41:53,186 --> 00:41:55,132
if he's intoxicated.
Come on.
893
00:41:55,188 --> 00:41:57,998
Fine.
We can continue without him.
894
00:41:59,792 --> 00:42:01,772
Or we can resume this tomorrow.
895
00:42:01,828 --> 00:42:03,171
I'm going to call your boss.
896
00:42:03,229 --> 00:42:05,675
I'm going to get both of
you busted down the ranks.
897
00:42:05,732 --> 00:42:08,110
You will be lucky if they
let you work arraignment
898
00:42:08,167 --> 00:42:10,807
from the drunk tank
on Saturday nights!
899
00:42:11,204 --> 00:42:13,309
We don't have much of
a social life as it is.
900
00:42:13,373 --> 00:42:14,818
Make whatever
the arrangements are.
901
00:42:14,874 --> 00:42:15,978
I'll plead guilty
to Manslaughter.
902
00:42:16,042 --> 00:42:17,487
I'm telling you
to keep your mouth shut.
903
00:42:17,543 --> 00:42:19,147
You're a drunk you're a junkie.
904
00:42:19,212 --> 00:42:20,987
I'm also a murderer!
905
00:42:29,288 --> 00:42:31,632
Obviously we'll need to confirm
906
00:42:31,691 --> 00:42:35,639
he's not impaired when he
enters his plea formally.
907
00:42:37,563 --> 00:42:39,600
You're going to
answer for this.
908
00:42:41,667 --> 00:42:43,203
As will we all.
909
00:43:03,122 --> 00:43:04,294
Tommy?
910
00:43:05,558 --> 00:43:07,333
Tommy, you in there?
911
00:43:12,432 --> 00:43:13,934
There you are.
912
00:43:15,701 --> 00:43:19,080
My wife's been after me
to fix this thing for a year.
913
00:43:20,306 --> 00:43:22,946
It's good you finally
got around to it.
914
00:43:23,042 --> 00:43:25,249
Afraid I was gonna eat my gun?
915
00:43:27,080 --> 00:43:29,117
Now, why would you do that?
916
00:43:29,849 --> 00:43:31,590
I disgraced myself.
917
00:43:32,952 --> 00:43:34,625
Disgraced the job.
918
00:43:36,689 --> 00:43:38,430
You made a mistake.
919
00:43:39,025 --> 00:43:41,232
It's not the end of the world.
920
00:43:45,932 --> 00:43:47,411
I let him go.
921
00:43:48,768 --> 00:43:51,180
He killed a girl
and I let him go.
922
00:43:53,339 --> 00:43:55,080
So now he's caught.
923
00:44:02,548 --> 00:44:04,459
You forgive me, Lennie?
924
00:44:08,454 --> 00:44:10,229
All day long, Tommy.
925
00:44:11,057 --> 00:44:12,536
All day long.
926
00:44:12,586 --> 00:44:17,136
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