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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:01,268 --> 00:00:03,032 In the criminal justice system 2 00:00:03,103 --> 00:00:06,971 the people are represented by two separate yet equally important groups, 3 00:00:07,040 --> 00:00:08,838 the police who investigate crime 4 00:00:08,909 --> 00:00:11,674 and the district attorneys who prosecute the offenders. 5 00:00:11,745 --> 00:00:13,338 These are their stories. 6 00:00:16,583 --> 00:00:18,244 Honey? 7 00:00:28,028 --> 00:00:30,053 Oh, my God. Philip! 8 00:00:54,087 --> 00:00:56,784 Help me! Help! 9 00:00:57,524 --> 00:00:59,686 DOA's Philip Messick, 55. 10 00:00:59,760 --> 00:01:01,125 Guy put up a good fight. 11 00:01:01,194 --> 00:01:02,719 Who called it in? Upstairs neighbor. 12 00:01:02,796 --> 00:01:04,560 He heard the wife screaming. How is the wife? 13 00:01:04,631 --> 00:01:07,828 Stabbed multiple times. Circling the drain at Roosevelt ICU. 14 00:01:07,901 --> 00:01:09,221 They tossed the place pretty good. 15 00:01:09,269 --> 00:01:10,880 Hey, did the neighbor hear anything past the screaming? 16 00:01:10,904 --> 00:01:12,303 Yeah. A car screech away. 17 00:01:12,372 --> 00:01:13,965 Robbery gone bad. 18 00:01:15,776 --> 00:01:18,473 Our DOA kept some interesting company. 19 00:01:20,147 --> 00:01:22,582 The guy he's with in this picture is John Vitale, 20 00:01:22,649 --> 00:01:24,515 a made member of the Gambinos. 21 00:01:24,585 --> 00:01:28,044 So, we're looking for somebody stupid enough to rip off a mob associate? 22 00:01:28,121 --> 00:01:30,215 Or cover up a mob hit. 23 00:02:21,341 --> 00:02:23,776 She was in acute hemorrhagic shock when they wheeled her in. 24 00:02:23,844 --> 00:02:25,312 Thought for sure we'd be calling it. 25 00:02:25,379 --> 00:02:26,489 Did she say anything at all? 26 00:02:26,513 --> 00:02:28,845 Not to me, but my concern was getting her on the table. 27 00:02:28,915 --> 00:02:32,579 She was down a liter of blood with eight deep, penetrating wounds. 28 00:02:32,653 --> 00:02:34,087 But it was her lucky day. 29 00:02:34,154 --> 00:02:35,679 Deep cuts missed the majors. 30 00:02:35,756 --> 00:02:38,267 Well, whoever did this thought they were tying up all the loose ends. 31 00:02:38,291 --> 00:02:40,225 Well, they didn't. She's conscious. 32 00:02:40,293 --> 00:02:43,593 Stabilized faster than I thought she would. That's why I called. 33 00:02:43,664 --> 00:02:45,154 Thank you, Doctor, we appreciate it. 34 00:02:45,232 --> 00:02:47,326 Just take it easy. Room's getting crowded. 35 00:02:47,401 --> 00:02:48,544 Who's in there? One of yours. 36 00:02:48,568 --> 00:02:50,502 Got here 20 minutes ago. 37 00:02:53,640 --> 00:02:56,940 Hey, fellows. Bob Cerullo. Friend of the family. 38 00:02:57,010 --> 00:02:58,774 How you doing, man? You on the job? 39 00:02:58,845 --> 00:03:00,574 Retired out of the 74. 40 00:03:00,647 --> 00:03:03,309 Listen, if she's able, we'd like to ask her a few questions. 41 00:03:03,383 --> 00:03:04,748 So, if you can give us some time... 42 00:03:06,753 --> 00:03:08,278 Can he stay? 43 00:03:09,222 --> 00:03:10,712 Okay. That's fine. 44 00:03:13,060 --> 00:03:16,792 Mrs. Messick, do you know the men who did this to you? 45 00:03:17,431 --> 00:03:18,660 No. 46 00:03:19,099 --> 00:03:21,363 Did you get a good look at them? 47 00:03:22,369 --> 00:03:24,303 White, twenties. 48 00:03:24,604 --> 00:03:26,197 Did you get a good look at a face? 49 00:03:27,474 --> 00:03:29,670 One of them, pretty good. 50 00:03:30,010 --> 00:03:32,775 Would you recognize him if you saw him again? 51 00:03:34,481 --> 00:03:36,813 Do you think that your husband may have known the men? 52 00:03:37,350 --> 00:03:38,613 No. 53 00:03:39,352 --> 00:03:41,878 Phil was everybody's friend. 54 00:03:42,989 --> 00:03:45,321 They were married 15 years. 55 00:03:45,959 --> 00:03:48,724 You know, maybe she's not up to this, yet. 56 00:03:49,229 --> 00:03:52,790 We have just one more question, and we'll be on our way. 57 00:03:55,769 --> 00:03:58,397 Does the name John Vitale mean anything to you? 58 00:03:59,973 --> 00:04:01,907 They grew up together. 59 00:04:01,975 --> 00:04:03,966 You mean her husband and John Vitale? 60 00:04:04,044 --> 00:04:05,512 In Bensonhurst. 61 00:04:06,713 --> 00:04:08,977 Johnny wouldn't do this. 62 00:04:09,916 --> 00:04:12,180 Thank you, Mrs. Messick. We'll be in touch. 63 00:04:15,922 --> 00:04:17,788 You looking at wiseguys for this? 64 00:04:17,858 --> 00:04:19,383 No, we're just asking the question. 65 00:04:19,459 --> 00:04:21,257 Phil Messick wasn't hooked up. 66 00:04:21,328 --> 00:04:23,639 Well, why do you suppose he's hanging around with connected guys? 67 00:04:23,663 --> 00:04:26,496 Like I said, he grew up with guys who went in that direction. 68 00:04:26,566 --> 00:04:28,500 Other guys went straight. Like myself. 69 00:04:28,568 --> 00:04:29,865 You two go way back? 70 00:04:29,936 --> 00:04:32,928 Grade school. And if you went down his block, or mine, 71 00:04:33,006 --> 00:04:35,771 at one house, everybody went to the police academy. 72 00:04:35,842 --> 00:04:37,708 At the next, they're all criminals. 73 00:04:37,778 --> 00:04:38,870 My life story. 74 00:04:38,945 --> 00:04:40,106 What did Messick go into? 75 00:04:40,180 --> 00:04:41,944 Accounting. CPA. 76 00:04:42,549 --> 00:04:46,213 He was a square. A good guy. A decent guy. 77 00:04:47,354 --> 00:04:49,254 List of stolen goods from the insurance company. 78 00:04:49,322 --> 00:04:52,587 Household electronics, stereo, computer, flat-panel TV. 79 00:04:52,659 --> 00:04:54,423 Anything past theft for motive? 80 00:04:54,494 --> 00:04:56,986 We're looking into some of his friends and business associates. 81 00:04:57,063 --> 00:04:58,588 He knew some very interesting people. 82 00:04:58,665 --> 00:05:01,896 He was an accountant for Kenny Genovese and John Vitale. 83 00:05:01,968 --> 00:05:04,369 Gambino family, mid-level workers. 84 00:05:04,437 --> 00:05:06,303 You thinking a possible hit? 85 00:05:06,373 --> 00:05:08,467 With robbery as a cover-up. It's worth considering. 86 00:05:08,542 --> 00:05:11,120 Well, on the other hand, Messick grew up with these dudes in Bensonhurst, 87 00:05:11,144 --> 00:05:12,755 and he could have just been their accountant. 88 00:05:12,779 --> 00:05:14,406 Did he live like a gangster? 89 00:05:14,481 --> 00:05:16,415 He lived decent, not outrageous. 90 00:05:16,483 --> 00:05:17,927 I mean, he's been married for 15 years, 91 00:05:17,951 --> 00:05:20,147 and most mobsters don't leave witnesses behind. 92 00:05:20,220 --> 00:05:22,279 Yeah, a witness they thought they killed. 93 00:05:22,355 --> 00:05:24,050 Listen, go to Messick's funeral. 94 00:05:24,124 --> 00:05:28,288 See who his friends were. And take Ostrover from Organized Crime. 95 00:05:30,864 --> 00:05:32,593 Ray Antonelli. He's with the Gambinos. 96 00:05:32,666 --> 00:05:34,065 Used to handle some loansharking. 97 00:05:34,134 --> 00:05:36,262 But he's out of the game, to a large extent. 98 00:05:36,336 --> 00:05:38,395 Pauly Wilson. Does collections up in the Bronx, 99 00:05:38,471 --> 00:05:40,803 under the guise of running a dry-cleaners. 100 00:05:41,174 --> 00:05:42,869 Quite a send-off for an accountant. 101 00:05:43,176 --> 00:05:45,406 Messick and the Gambino crew seem to be pals. 102 00:05:45,812 --> 00:05:48,304 Did you ever hear of him burning anybody? Anything like that? 103 00:05:48,381 --> 00:05:51,180 We were surprised by the murder. There was no warning. 104 00:05:51,251 --> 00:05:54,118 The guy in the pinstripes, on the top of the stairs? 105 00:05:54,621 --> 00:05:56,555 He worked OC for two years. 106 00:05:56,623 --> 00:05:59,524 That's Bob Cerullo. He said he was a friend of the family. 107 00:05:59,860 --> 00:06:02,090 How friendly do you think he was with the Gambinos? 108 00:06:02,562 --> 00:06:04,496 He grew up with a lot of guys that got made. 109 00:06:04,564 --> 00:06:06,564 Gave him an inside edge when we were tracking dirt. 110 00:06:07,601 --> 00:06:10,229 Hey, do you have any Gambino associates on the arm? 111 00:06:10,303 --> 00:06:14,365 We're looking for an interaction between Messick and the Gambino family. 112 00:06:15,041 --> 00:06:16,509 Greg Muggio- 113 00:06:16,576 --> 00:06:18,544 He just got nailed for running a Ponzi scheme 114 00:06:18,612 --> 00:06:21,047 that cost 1,000 retirees their life savings. 115 00:06:21,114 --> 00:06:22,240 Where's he locked up? 116 00:06:22,315 --> 00:06:24,010 He's out on bail, awaiting trial. 117 00:06:24,084 --> 00:06:25,950 But he's inclined to be chatty. 118 00:06:26,019 --> 00:06:29,182 Anything to reduce the time he knows he's gonna do. 119 00:06:32,459 --> 00:06:34,223 I'm in the rag trade, legit. 120 00:06:34,294 --> 00:06:37,389 When Messick did my returns, the IRS audits stopped. 121 00:06:37,697 --> 00:06:38,755 Guy was a genius. 122 00:06:38,832 --> 00:06:41,028 A genius at what? Cleaning dirty money? 123 00:06:41,101 --> 00:06:43,001 Messick was on the up-and-up. 124 00:06:43,069 --> 00:06:45,128 That's why me and the guys went to him. 125 00:06:45,205 --> 00:06:48,175 And he didn't make any mistakes that would lead to him getting carved up? 126 00:06:48,241 --> 00:06:50,039 Messick didn't screw up. 127 00:06:50,110 --> 00:06:51,771 He didn't take anybody's money. 128 00:06:51,845 --> 00:06:54,837 He didn't bang the wrong girl. He didn't rat anybody out. 129 00:06:54,915 --> 00:06:56,474 His murder was a tragedy. 130 00:06:57,083 --> 00:06:58,608 Whoever did it, 131 00:06:58,685 --> 00:07:01,950 you cops better hope you get to them first. 132 00:07:03,957 --> 00:07:06,153 Hey, hey. Don't take off your coats. 133 00:07:06,226 --> 00:07:09,560 Messick's stolen property showed up at a pawn shop on Rivington, 134 00:07:09,629 --> 00:07:13,588 and they found a clean set of bloody prints that came back to a Darrell Dennehy. 135 00:07:13,667 --> 00:07:16,178 He's got a long sheet, but it's mostly burglaries and trespassing. 136 00:07:16,202 --> 00:07:17,363 There's nothing violent. 137 00:07:17,437 --> 00:07:18,529 He stepped up his game. 138 00:07:18,605 --> 00:07:19,805 Do you have an address? Bogus. 139 00:07:19,873 --> 00:07:21,500 But his PO's waiting to see you. 140 00:07:21,574 --> 00:07:22,735 All right. 141 00:07:25,412 --> 00:07:28,177 Dennehy's been regular to his report day the last two weeks. 142 00:07:28,248 --> 00:07:30,114 Failed his drug screen both times. 143 00:07:30,183 --> 00:07:32,550 No record of employment or proof of applying for same. 144 00:07:32,619 --> 00:07:34,383 Hey, when's his next visit? 145 00:07:35,188 --> 00:07:37,623 In four hours. My guess, he'll show. 146 00:07:37,691 --> 00:07:39,101 He knows he has to pass his drug test. 147 00:07:39,125 --> 00:07:41,287 Three failures means a bus back upstate. 148 00:07:44,397 --> 00:07:46,593 - Darrell Dennehy? Come here. - What? 149 00:07:46,666 --> 00:07:48,794 Come here! Whoa. What did I do? 150 00:07:48,868 --> 00:07:49,926 Legs! What did I do? 151 00:07:50,003 --> 00:07:51,630 We'll talk about it at the station. 152 00:07:51,705 --> 00:07:54,072 Guys, if is this about the drug test, I got another shot. 153 00:07:54,140 --> 00:07:56,575 You think we came here because you failed a piss test? 154 00:07:57,243 --> 00:08:01,271 Where were you Thursday night at 7:00? 155 00:08:01,348 --> 00:08:02,577 Ow. 156 00:08:03,616 --> 00:08:05,728 Did you hear him? Or was that question too tough for you? 157 00:08:05,752 --> 00:08:08,744 I don't remember where I was this morning, let alone Thursday. 158 00:08:08,822 --> 00:08:10,620 Were you on the Upper West Side? 159 00:08:11,124 --> 00:08:12,956 I can't remember that. 160 00:08:13,026 --> 00:08:15,495 Do you know a man named Philip Messick, or his wife Valerie? 161 00:08:15,895 --> 00:08:17,090 Can't say that I do. No. 162 00:08:17,163 --> 00:08:20,929 Interesting. So, how did your bloody fingerprint end up on their stereo receiver? 163 00:08:22,969 --> 00:08:26,462 In Messick's blood, no less. Now, how the hell would a thing like that happen? 164 00:08:27,974 --> 00:08:29,942 I picked that stereo up off the street. 165 00:08:31,511 --> 00:08:33,422 Hey, that's good answer. So, maybe you can explain to us 166 00:08:33,446 --> 00:08:37,144 how your shoeprint ended up all over their brownstone? Was that your evil twin? 167 00:08:38,284 --> 00:08:39,595 You don't have the sheet of a killer, 168 00:08:39,619 --> 00:08:41,610 and you don't have that killer look in your eye. 169 00:08:41,688 --> 00:08:44,555 And we know that there were two of you in that brownstone. 170 00:08:44,624 --> 00:08:46,114 And since we got to you first, 171 00:08:46,192 --> 00:08:48,286 we're gonna give you first crack at a deal. 172 00:08:48,361 --> 00:08:49,487 But don't tell us any lies, 173 00:08:49,562 --> 00:08:51,929 because that lady that you slashed eight times, survived. 174 00:08:53,733 --> 00:08:55,895 I didn't touch her. And I didn't touch the guy. 175 00:08:55,969 --> 00:08:58,995 I was just there to help carry the heavy stuff. It was just a robbery, 176 00:08:59,072 --> 00:09:01,598 TVs, stereos, and drive the van. 177 00:09:02,108 --> 00:09:03,576 Okay, so what happened? 178 00:09:04,411 --> 00:09:06,072 We started going through the house, 179 00:09:06,146 --> 00:09:08,547 and this guy comes out of the bathroom. 180 00:09:09,049 --> 00:09:12,713 And, uh, Jay, he goes nuts. He goes off on him. 181 00:09:12,986 --> 00:09:14,044 Jay? 182 00:09:14,354 --> 00:09:16,482 Fleckner. That's the guy who brought me in on this. 183 00:09:17,057 --> 00:09:19,856 But a robbery. It was just a robbery. 184 00:09:19,926 --> 00:09:21,121 How much cash? 185 00:09:21,294 --> 00:09:22,352 Five grand. 186 00:09:22,429 --> 00:09:26,093 And now, he's out there spending it without you. That's a damn shame. 187 00:09:26,766 --> 00:09:28,495 Where do we find Jay? 188 00:09:51,724 --> 00:09:53,749 Cheap piece of garbage. 189 00:09:54,227 --> 00:09:56,025 Blink, I'll put your brains on the bed. 190 00:09:56,096 --> 00:09:58,292 Put your hands up. Get up. 191 00:10:04,904 --> 00:10:06,668 Awful lot of blood in that water. 192 00:10:06,739 --> 00:10:08,207 I cut myself shaving. 193 00:10:08,274 --> 00:10:10,553 We're gonna give you plenty of time to work on that story. 194 00:10:10,577 --> 00:10:12,807 I got nothing to say. I want a lawyer. 195 00:10:13,346 --> 00:10:15,110 Get him the hell out of here. 196 00:10:25,558 --> 00:10:27,287 Take your time, Mrs. Messick. 197 00:10:31,865 --> 00:10:33,663 Do you recognize any of these men 198 00:10:33,733 --> 00:10:36,634 as the man who attacked you in your apartment that night? 199 00:10:38,738 --> 00:10:40,900 Do you need to sit down, ma'am? 200 00:10:45,478 --> 00:10:47,003 Number two. 201 00:10:47,814 --> 00:10:50,078 He's the man who cut me. 202 00:11:02,395 --> 00:11:06,354 Jay Fleckner was remanded. His lawyer says he's not interested in a deal. 203 00:11:06,432 --> 00:11:08,298 He forget Valerie Messick lD'd him? 204 00:11:08,868 --> 00:11:12,634 Or the sink full of Messick's bloody cash in his hotel room? 205 00:11:12,705 --> 00:11:15,470 The lawyer says Fleckner's very volatile, he doesn't care. 206 00:11:15,542 --> 00:11:16,873 He wants to take his chances. 207 00:11:17,243 --> 00:11:19,940 How are we doing with his accomplice, Darrell Dennehy? 208 00:11:20,013 --> 00:11:23,347 As far as testifying, he's questionable credibility-wise. 209 00:11:23,750 --> 00:11:26,151 Still, he was there, in the house, with Fleckner. 210 00:11:26,219 --> 00:11:27,730 And hopefully, he's been around the block enough 211 00:11:27,754 --> 00:11:29,415 to know when to deal. 212 00:11:29,489 --> 00:11:31,287 It's Lieutenant Van Buren. 213 00:11:32,759 --> 00:11:35,387 The bloody money in Fleckner's hotel room 214 00:11:35,461 --> 00:11:38,726 showed trace marks our lab techs couldn't identify, 215 00:11:38,798 --> 00:11:42,200 so they passed the bills over to Treasury for analysis. 216 00:11:42,268 --> 00:11:43,429 What did they find? 217 00:11:43,503 --> 00:11:46,131 Well, the bills had been serialized, watermarked, 218 00:11:46,206 --> 00:11:50,268 and floated by the Feds to track a money laundering stream. 219 00:11:50,610 --> 00:11:52,840 How did the cash wind up at Messick's apartment? 220 00:11:52,912 --> 00:11:56,007 The Feds said it was first used to buy ecstasy from a drug dealer 221 00:11:56,082 --> 00:11:58,983 who had ties to the Gambino organization. 222 00:11:59,052 --> 00:12:01,953 But, more than likely, it wound up with Messick for laundering. 223 00:12:02,422 --> 00:12:03,446 Can we prove that? 224 00:12:03,523 --> 00:12:05,082 Well, it's a good guess, right now. 225 00:12:05,158 --> 00:12:07,991 But either way, the money ties Jay Fleckner to the victims. 226 00:12:08,061 --> 00:12:10,826 The problem is, the Feds won't return it. 227 00:12:11,631 --> 00:12:13,395 That money plays into an investigation. 228 00:12:13,466 --> 00:12:14,524 What kind? 229 00:12:14,601 --> 00:12:16,262 One I'm not at liberty to discuss. 230 00:12:16,336 --> 00:12:18,532 Then, let's talk about our investigation. 231 00:12:18,605 --> 00:12:21,233 That money is key physical evidence 232 00:12:21,307 --> 00:12:23,537 tying Jay Fleckner to a heinous crime, 233 00:12:23,610 --> 00:12:25,078 and we need to produce it in court. 234 00:12:25,144 --> 00:12:27,476 I'm sure you've got more than our money to make your case. 235 00:12:27,547 --> 00:12:30,847 Your money? We recovered it during our investigation. 236 00:12:31,918 --> 00:12:34,444 There might be some movement on the case in the next year. 237 00:12:34,520 --> 00:12:35,851 We can talk, then. 238 00:12:35,922 --> 00:12:38,550 You could potentially be helping a man get away with murder. 239 00:12:38,625 --> 00:12:40,889 This cash has been filtering through drug rings, 240 00:12:40,960 --> 00:12:43,895 sex-slave operations, and laundering outfits. 241 00:12:43,963 --> 00:12:46,728 Shutting those down could prevent 20 murders. 242 00:12:47,333 --> 00:12:49,062 I won't jeopardize that. 243 00:12:53,706 --> 00:12:55,902 The prosecution found the bills on your client. 244 00:12:56,276 --> 00:12:59,177 The prosecution alleges that the bills were found on my client, 245 00:12:59,245 --> 00:13:01,907 and that blood traces on them belong to the victim. 246 00:13:01,981 --> 00:13:03,642 I've read the memo, Mr. Wellman. 247 00:13:03,716 --> 00:13:05,445 It doesn't sound like trace blood. 248 00:13:05,518 --> 00:13:08,419 The money was described as "in a bloody bath" when it was found. 249 00:13:08,488 --> 00:13:11,583 Our experts need the opportunity to challenge the findings. 250 00:13:11,658 --> 00:13:13,990 Mr. McCoy, where is the actual evidence itself? 251 00:13:14,060 --> 00:13:16,654 It's in Federal hands. We've written letters to the US Attorney 252 00:13:16,729 --> 00:13:19,027 and the Chief Judge to mandate its return. 253 00:13:19,499 --> 00:13:23,766 Any time frame as to when that might happen? Ayear? Ten? 254 00:13:24,170 --> 00:13:26,298 We haven't had any response yet, Your Honor. 255 00:13:26,706 --> 00:13:29,118 When they're good and ready. That's the response you can expect. 256 00:13:29,142 --> 00:13:31,502 Which doesn't serve the defendant's right to a speedy trial. 257 00:13:32,178 --> 00:13:34,112 Unless you can provide access to 258 00:13:34,180 --> 00:13:37,309 at least one bill in a timely fashion, the money's out. 259 00:13:39,819 --> 00:13:43,084 With your confession and the physical evidence tying you to the crime scene, 260 00:13:43,156 --> 00:13:46,251 if this goes to trial, you could expect 25 years. 261 00:13:46,326 --> 00:13:50,160 Or, you testify against Jay Fleckner, and we're prepared to offer 20. 262 00:13:54,133 --> 00:13:56,101 What's not computing, Mr. Dennehy? 263 00:13:57,870 --> 00:14:00,362 I don't think I'm interested in testifying against Jay. 264 00:14:00,440 --> 00:14:01,703 Why? 265 00:14:02,275 --> 00:14:04,209 L think I've said enough already. 266 00:14:04,277 --> 00:14:06,609 It's one thing to say it to the cops, but on the stand, 267 00:14:06,679 --> 00:14:08,113 him looking at me... 268 00:14:09,015 --> 00:14:11,882 What is this, some sort of ham-fisted attempt at negotiation? 269 00:14:13,619 --> 00:14:15,883 I don't want any more to do with putting him away. 270 00:14:16,656 --> 00:14:18,886 Fifteen years. That's the basement offer. 271 00:14:19,959 --> 00:14:22,985 Nobody told me Messick was hooked up with the mob. 272 00:14:23,629 --> 00:14:25,893 That's got nothing to do with your testimony. 273 00:14:25,965 --> 00:14:28,059 I'd be testifying, front and center, 274 00:14:28,134 --> 00:14:30,569 in a courtroom filled with Gambino button men. 275 00:14:30,636 --> 00:14:32,627 We'll shield your identity when you testify. 276 00:14:32,705 --> 00:14:35,003 Yeah? What happens when it hits the papers? 277 00:14:35,074 --> 00:14:36,542 You can't stop that. 278 00:14:37,377 --> 00:14:40,506 We're talking about ten years of your life, Mr. Dennehy. 279 00:14:41,447 --> 00:14:45,315 I spent two-thirds of my life locked up. I can do the time. 280 00:14:45,752 --> 00:14:47,982 But I sure ain't interested in dying. 281 00:14:48,755 --> 00:14:50,245 CO! 282 00:14:53,259 --> 00:14:54,351 Unbelievable. 283 00:14:54,427 --> 00:14:57,172 Valerie Messick came within a sliver of losing her life at Fleckner's hands. 284 00:14:57,196 --> 00:14:58,595 She'll have the jury's sympathy. 285 00:14:58,664 --> 00:15:00,928 If she holds up physically. What's her condition? 286 00:15:01,000 --> 00:15:04,061 On the mend, but she's got some awful scars on her face and neck. 287 00:15:04,637 --> 00:15:06,230 Still, a one-witness ID. 288 00:15:06,305 --> 00:15:08,967 A witness who is the victim, and a grieving widow. 289 00:15:10,510 --> 00:15:13,571 Let's make sure her scars are visible to the jury. 290 00:15:13,646 --> 00:15:15,978 If she's all we've got, let's make it count. 291 00:15:20,553 --> 00:15:23,420 My husband, Phil, was lying on the floor. 292 00:15:24,023 --> 00:15:25,991 He was covered in blood. 293 00:15:26,626 --> 00:15:27,923 Was he alive? 294 00:15:28,394 --> 00:15:29,759 Barely. 295 00:15:30,797 --> 00:15:33,027 I went to his side. 296 00:15:33,833 --> 00:15:37,428 He pointed past me, and then he died. 297 00:15:38,871 --> 00:15:40,532 What was he pointing at? 298 00:15:40,606 --> 00:15:42,301 Two men down the hallway. 299 00:15:44,177 --> 00:15:48,478 I tried to yell for help, but that man saw me and attacked me. 300 00:15:49,081 --> 00:15:50,674 Can you tell me who you're pointing to? 301 00:15:51,451 --> 00:15:53,613 The defendant, Jay Fleckner. 302 00:15:54,787 --> 00:15:56,983 Can you describe how he attacked you? 303 00:15:58,224 --> 00:16:02,491 He pounced on me. He pinned me down. 304 00:16:04,063 --> 00:16:07,693 He had a knife in his hand, and he began slashing at me. 305 00:16:10,736 --> 00:16:15,264 I don't remember much else. I blacked out, and woke up in the hospital. 306 00:16:16,709 --> 00:16:18,507 No further questions. 307 00:16:23,449 --> 00:16:25,213 Mrs. Messick, 308 00:16:25,284 --> 00:16:27,651 that's a horrible ordeal you've just described. 309 00:16:28,721 --> 00:16:32,282 But I'm afraid I'm gonna have to take you back to it just a little while longer. 310 00:16:34,660 --> 00:16:36,958 How would you describe your emotional state 311 00:16:37,029 --> 00:16:39,088 when you first entered your house that night? 312 00:16:39,165 --> 00:16:41,224 When you saw your front door ajar? 313 00:16:41,300 --> 00:16:43,064 You were nervous, weren't you? 314 00:16:43,135 --> 00:16:44,864 Yes. I was a little nervous. 315 00:16:45,638 --> 00:16:48,471 It wasn't like your husband to leave the door open like that? 316 00:16:49,408 --> 00:16:51,740 No. Phil never left the door open. 317 00:16:53,980 --> 00:16:57,280 When you came in, you saw your husband covered in blood. 318 00:16:57,350 --> 00:17:00,843 What would you say your emotional state was, then? Terrified? 319 00:17:01,487 --> 00:17:02,545 Yes. 320 00:17:02,922 --> 00:17:04,117 Panicked? 321 00:17:04,423 --> 00:17:05,515 Yes. 322 00:17:05,591 --> 00:17:09,027 You came in, you saw your husband in a pool of blood. 323 00:17:12,632 --> 00:17:15,226 Were you crying at that time, the way you are now? 324 00:17:16,435 --> 00:17:17,800 Yes. I was. 325 00:17:18,704 --> 00:17:21,469 Crying, in a state of grief and panic. 326 00:17:21,541 --> 00:17:22,940 Tears filling your eyes. 327 00:17:23,009 --> 00:17:24,419 And yet, you were able to get a good look 328 00:17:24,443 --> 00:17:26,468 at the man who wielded the knife against you? 329 00:17:29,982 --> 00:17:33,213 A good enough look that you can say, with absolute certainty, 330 00:17:33,553 --> 00:17:36,420 that your assailant was the man you identified? 331 00:17:38,958 --> 00:17:40,551 Yes. L think so. 332 00:17:40,826 --> 00:17:44,262 You think so, or you know so? There is a significant difference. 333 00:17:50,870 --> 00:17:55,501 I'm as certain as I could have been under the circumstances. 334 00:17:56,309 --> 00:17:59,711 With your vision hampered by your tears, you mean? 335 00:17:59,779 --> 00:18:03,181 With your husband of 15 years lying brutally murdered by your side? 336 00:18:03,249 --> 00:18:04,910 Is that what you mean? 337 00:18:06,819 --> 00:18:11,689 Mrs. Messick, please. I'll ask you again. 338 00:18:12,525 --> 00:18:14,152 Are you 100% positive 339 00:18:14,226 --> 00:18:17,662 that the suspect you identified is the man who attacked you? 340 00:18:19,332 --> 00:18:20,766 I'm... 341 00:18:22,001 --> 00:18:23,264 Not 100%. 342 00:18:23,336 --> 00:18:24,701 Yes or no, please. 343 00:18:30,843 --> 00:18:31,935 No. 344 00:18:45,124 --> 00:18:47,252 It all just came rushing back. 345 00:18:47,460 --> 00:18:50,054 Phil is on the ground, all the blood on him. 346 00:18:50,763 --> 00:18:53,698 I was as confused up there as I was that night. 347 00:18:53,766 --> 00:18:56,292 But the ID? Were you certain it was Fleckner 348 00:18:56,369 --> 00:18:58,337 when you saw him in the police station? 349 00:18:58,404 --> 00:19:01,567 My husband was dying on the floor in front of me, 350 00:19:01,641 --> 00:19:03,837 covered in all that blood. 351 00:19:05,077 --> 00:19:07,569 And then that man was on top of me. 352 00:19:08,681 --> 00:19:11,207 I only got a look at his face for a second. 353 00:19:13,886 --> 00:19:15,479 Did I ruin the case? 354 00:19:16,589 --> 00:19:18,421 You were strong on direct, 355 00:19:20,393 --> 00:19:23,624 but your ID was the only thing that put Fleckner at the scene. 356 00:19:24,263 --> 00:19:25,753 Without that... 357 00:19:32,138 --> 00:19:34,607 In the matter of the People v. Jay Fleckner, 358 00:19:34,674 --> 00:19:37,939 on the count of Murder in the Second Degree, how do you find? 359 00:19:38,277 --> 00:19:41,713 We find the defendant not guilty. 360 00:20:02,368 --> 00:20:04,496 DOA's got one to the chest. 361 00:20:10,443 --> 00:20:11,808 Jay Fleckner. 362 00:20:12,745 --> 00:20:15,146 Well, what do you know? There is justice in the world. 363 00:20:15,214 --> 00:20:17,444 The guy who called it in is the one who shot him. 364 00:20:17,983 --> 00:20:19,212 Where is the shooter? 365 00:20:33,299 --> 00:20:35,097 My client went to meet Jay Fleckner 366 00:20:35,167 --> 00:20:37,795 with absolutely no intention of doing him any harm. 367 00:20:37,870 --> 00:20:39,838 Then why don't you tell us why he did go meet him? 368 00:20:39,905 --> 00:20:43,068 To discuss intimidation directed toward Valerie Messick 369 00:20:43,142 --> 00:20:44,667 that had gone on during the trial, 370 00:20:44,744 --> 00:20:46,269 and to make sure it wouldn't continue. 371 00:20:46,746 --> 00:20:48,271 What kind of intimidation? 372 00:20:48,481 --> 00:20:52,213 You know what, Ernie? Let me do this, okay? 373 00:20:53,319 --> 00:20:55,981 You ever work a case where you damn well knew you had the perp, 374 00:20:56,055 --> 00:20:57,887 but it just wouldn't make? Did you? 375 00:20:58,924 --> 00:21:00,915 Of course. What did you do about it? 376 00:21:01,327 --> 00:21:03,989 We're not talking about us here, Bob. We're talking about you. 377 00:21:04,396 --> 00:21:07,593 Did you go visit the guy and tell him to watch his ass, 378 00:21:07,666 --> 00:21:09,930 'cause if he so much as sniffed in the wrong direction, 379 00:21:10,035 --> 00:21:11,696 you'd be there to lock him up? 380 00:21:12,371 --> 00:21:14,897 So, he just agreed to meet up with you? No problem? 381 00:21:14,974 --> 00:21:19,377 I told Fleckner that this had to be put to bed face-to-face, 382 00:21:19,445 --> 00:21:23,348 and that the only problem he'd have with me is if he didn't show. 383 00:21:24,483 --> 00:21:25,814 So, what went wrong? 384 00:21:25,885 --> 00:21:28,115 Fleckner, he started to freak out. 385 00:21:28,387 --> 00:21:32,290 He started saying, "This is a setup. This is an ambush," 386 00:21:32,358 --> 00:21:34,690 like he was high, 387 00:21:35,027 --> 00:21:37,462 or maybe just crazy. I don't know. 388 00:21:37,696 --> 00:21:39,061 And who pulled their gun first? 389 00:21:39,131 --> 00:21:40,599 He did. 390 00:21:40,666 --> 00:21:44,899 He put his gun up in my face, which I talked him into lowering down. 391 00:21:45,604 --> 00:21:49,302 When he did, I punched him as hard as I could and I made to run. 392 00:21:49,375 --> 00:21:52,003 But he chased me, and I fell down the stairs. 393 00:21:52,344 --> 00:21:54,972 And when I was on the ground, I freed my ankle piece 394 00:21:55,047 --> 00:21:56,981 and I told him to back the hell off, 395 00:21:57,049 --> 00:21:58,744 but he raised up to shoot. 396 00:21:59,652 --> 00:22:01,051 So, I fired. 397 00:22:03,055 --> 00:22:05,319 Did Valerie know about you meeting up with Fleckner? 398 00:22:06,025 --> 00:22:07,025 No. 399 00:22:11,897 --> 00:22:13,991 You realize we're gonna have to look into this. 400 00:22:14,300 --> 00:22:15,358 Yeah. 401 00:22:15,901 --> 00:22:17,096 I know. 402 00:22:17,736 --> 00:22:20,398 And you're gonna find it's a good shoot. 403 00:22:27,179 --> 00:22:30,080 I had no idea Bob planned to go meet Fleckner. 404 00:22:31,483 --> 00:22:34,646 And if I had, it's not something I would have encouraged. 405 00:22:35,421 --> 00:22:36,718 Where did he get the idea from? 406 00:22:36,789 --> 00:22:38,416 From being a cop, I guess. 407 00:22:38,624 --> 00:22:40,456 And my friend. And Phil's friend. 408 00:22:40,526 --> 00:22:43,496 Was there any reason for you to believe that Fleckner was a threat? 409 00:22:43,562 --> 00:22:45,189 He'd stare at me during the trial. 410 00:22:45,264 --> 00:22:46,823 And he mouthed something once. 411 00:22:47,900 --> 00:22:49,595 What about after the trial? 412 00:22:50,202 --> 00:22:51,613 He passed me in the hall and chuckled. 413 00:22:51,637 --> 00:22:53,605 Whispered that he'd see me again. 414 00:22:55,374 --> 00:22:58,810 Did you tell Bob Cerullo what Fleckner was doing? 415 00:22:59,245 --> 00:23:00,872 Bob sat with me half the weekend 416 00:23:00,946 --> 00:23:02,436 because I couldn't stop crying. 417 00:23:02,548 --> 00:23:05,415 And he didn't say anything about contacting Fleckner? 418 00:23:06,418 --> 00:23:07,647 Nothing. 419 00:23:09,188 --> 00:23:13,489 So, Bob Cerullo killed Fleckner out of noble revenge or self-defense? 420 00:23:13,626 --> 00:23:15,890 Arranging a meet with the man who just got off 421 00:23:15,961 --> 00:23:17,656 for murdering your friend? 422 00:23:17,730 --> 00:23:19,494 What did Cerullo expect would happen? 423 00:23:19,732 --> 00:23:23,168 What? Cops don't warn perps off the radar all the time? 424 00:23:23,469 --> 00:23:26,029 That's harassment, not a bullet to the chest. 425 00:23:26,105 --> 00:23:29,268 I was trying to piece together Fleckner's timeline after the verdict, 426 00:23:29,441 --> 00:23:32,843 so I checked his visitors log at Rikers for a friend or relative. 427 00:23:32,912 --> 00:23:35,677 Bob Cerullo visited Fleckner during the trial. 428 00:23:37,116 --> 00:23:39,175 Why would he visit Fleckner in jail? 429 00:23:39,285 --> 00:23:42,585 Maybe he was warning him to stop eye-balling Valerie Messick? 430 00:23:42,855 --> 00:23:44,721 Or threatening his life. 431 00:23:45,190 --> 00:23:46,954 And we have proof of neither. 432 00:23:47,026 --> 00:23:48,626 Except that Jay Fleckner had a gun on him 433 00:23:48,694 --> 00:23:50,492 two days after being exonerated for murder. 434 00:23:50,562 --> 00:23:51,620 Why? 435 00:23:51,697 --> 00:23:54,166 Because he was a psychopath and a career criminal. 436 00:23:54,333 --> 00:23:56,859 Or he thought that a dirty cop was gunning for him. 437 00:23:57,069 --> 00:23:58,594 A decorated cop, Jack. 438 00:23:58,871 --> 00:24:00,771 Whose best friend was a mob associate. 439 00:24:00,839 --> 00:24:02,603 That dirties him in my mind. 440 00:24:03,375 --> 00:24:05,320 Well, if you're gonna have the police do some digging, 441 00:24:05,344 --> 00:24:08,006 you better tell them not to stop until they hit gold. 442 00:24:08,314 --> 00:24:10,908 'Cause that's what it's gonna take to get an indictment. 443 00:24:12,184 --> 00:24:15,154 We looked into any possible motive other than self-defense 444 00:24:15,220 --> 00:24:16,710 for Cerullo shooting Fleckner, 445 00:24:17,289 --> 00:24:18,518 and we got nothing. 446 00:24:18,757 --> 00:24:19,901 Any phone calls between them, 447 00:24:19,925 --> 00:24:21,605 besides the one before Fleckner was killed? 448 00:24:21,660 --> 00:24:22,684 No. Just that one. 449 00:24:22,895 --> 00:24:25,523 We dug into the gun that Fleckner had on him when he was shot, 450 00:24:25,631 --> 00:24:27,326 but it only makes Fleckner dirtier. 451 00:24:27,533 --> 00:24:31,128 Ballistics pulled a matching slug from an apartment wall 452 00:24:31,804 --> 00:24:34,501 of an unsolved home invasion five years ago. 453 00:24:34,573 --> 00:24:35,768 Was Fleckner a suspect? 454 00:24:35,941 --> 00:24:39,571 The victim gave a description of a perpetrator that he fits generally. 455 00:24:40,145 --> 00:24:41,145 Who worked the case? 456 00:24:41,246 --> 00:24:43,374 Detective Dumar. We looked for him, and he's dead. 457 00:24:43,749 --> 00:24:45,615 Any connection between Dumar and Cerullo? 458 00:24:45,718 --> 00:24:48,915 They never worked together. Dumar was in the Bronx, Cerullo worked in Queens. 459 00:24:50,155 --> 00:24:52,487 Show the home invasion victim a photo array. 460 00:24:52,958 --> 00:24:54,426 Make sure Jay Fleckner is in it. 461 00:24:56,362 --> 00:24:58,228 I don't recognize any of these men. 462 00:24:58,530 --> 00:25:00,490 Did you get a good look at the man who robbed you? 463 00:25:00,632 --> 00:25:02,225 Generally. 464 00:25:02,501 --> 00:25:04,731 I was experimentally medicated. 465 00:25:05,738 --> 00:25:07,035 Excuse me? 466 00:25:07,439 --> 00:25:10,568 I was smoking marijuana to alleviate my glaucoma. 467 00:25:11,243 --> 00:25:12,768 Would you like some tea? 468 00:25:12,845 --> 00:25:14,313 No, thank you. 469 00:25:14,880 --> 00:25:16,871 That's the wall where the bullet went. 470 00:25:16,949 --> 00:25:18,678 Now, was he shooting at you? 471 00:25:18,751 --> 00:25:21,186 I think he just got scared, and the gun went off. 472 00:25:21,253 --> 00:25:22,914 Thank God I was tied up. 473 00:25:23,555 --> 00:25:25,421 Tell me, why the questions and the photos? 474 00:25:26,125 --> 00:25:29,060 We're just following on a few leads we have on a suspect. 475 00:25:29,228 --> 00:25:30,491 But the man was caught. 476 00:25:30,562 --> 00:25:31,996 No, ma'am. The case is still active. 477 00:25:32,931 --> 00:25:35,161 Well, that's not what Detective Dumar told me. 478 00:25:35,968 --> 00:25:37,458 He said the man confessed. 479 00:25:38,404 --> 00:25:40,065 Someone confessed? 480 00:25:40,806 --> 00:25:42,331 Did he mention a name? 481 00:25:42,441 --> 00:25:43,966 I don't recall. 482 00:25:44,376 --> 00:25:47,368 But he said the man confessed and was going to jail. 483 00:25:48,981 --> 00:25:51,678 Ms. Best, did you ever recover your stolen property? 484 00:25:51,950 --> 00:25:54,248 Detective Dumar said that the money had been spent, 485 00:25:54,319 --> 00:25:56,811 and my ring was sold to someone who had left the country. 486 00:25:58,357 --> 00:25:59,847 How much money did you lose? 487 00:25:59,992 --> 00:26:01,687 $17,000 in cash. 488 00:26:02,127 --> 00:26:04,619 And the ring was worth at least 15. 489 00:26:05,931 --> 00:26:09,196 You should really talk to Detective Dumar about this. 490 00:26:12,571 --> 00:26:15,165 Wayne Dumar. Not my most eager detective. 491 00:26:15,507 --> 00:26:16,668 Died "cleaning his gun." 492 00:26:17,076 --> 00:26:18,202 Suicide. 493 00:26:18,277 --> 00:26:19,642 Unofficially, but yeah. 494 00:26:19,711 --> 00:26:22,737 He was an old-school drunk. Wasn't a surprise. 495 00:26:23,148 --> 00:26:25,344 Well, would it surprise you to hear that he ripped off 496 00:26:25,451 --> 00:26:27,783 a robbery suspect of 30 Gs? 497 00:26:28,921 --> 00:26:31,549 A few guys here were filling their pockets when I transferred in. 498 00:26:31,723 --> 00:26:32,884 All of them are gone now. 499 00:26:33,258 --> 00:26:36,353 Do you know if he had any dealings with this guy? 500 00:26:36,829 --> 00:26:38,456 Name is Jay Fleckner. 501 00:26:40,199 --> 00:26:41,564 Never seen the face. 502 00:26:41,667 --> 00:26:43,601 Could he have been an informant of Dumar's? 503 00:26:43,769 --> 00:26:47,069 Dumar didn't care enough about the job to recruit informants. 504 00:26:47,139 --> 00:26:48,402 He was a bum. 505 00:26:48,540 --> 00:26:49,871 Let me ask you this. 506 00:26:50,175 --> 00:26:52,439 Do you know if he had any connections to a detective 507 00:26:52,511 --> 00:26:54,639 out of the 74 named Cerullo? 508 00:26:56,648 --> 00:26:58,639 Cerullo and Dumar were associated. 509 00:26:59,918 --> 00:27:02,785 Cerullo is who found Dumar with his brains blown out. 510 00:27:04,756 --> 00:27:07,020 Is it possible Cerullo killed Dumar? 511 00:27:07,359 --> 00:27:09,088 The police and M.E. reports are spotty. 512 00:27:09,294 --> 00:27:11,922 Everyone involved thought they were covering up a cop suicide. 513 00:27:12,297 --> 00:27:14,231 How dirty was Dumar as a cop? 514 00:27:14,299 --> 00:27:18,429 Four IAB investigations, all centered around shaking down robbery suspects. 515 00:27:18,837 --> 00:27:22,137 So, Detective Dumar steals money and a gun 516 00:27:22,241 --> 00:27:24,039 from a robbery suspect, which then turns up 517 00:27:24,109 --> 00:27:25,634 in the cold, dead hand of Jay Fleckner. 518 00:27:25,777 --> 00:27:28,474 Except there's no connection between Wayne Dumar and Jay Fleckner. 519 00:27:28,680 --> 00:27:30,774 There's only a connection between Dumar and Cerullo. 520 00:27:31,183 --> 00:27:33,049 So, Cerullo killed Jay Fleckner, 521 00:27:33,118 --> 00:27:35,485 then planted the gun on him to call it a self-defense. 522 00:27:35,888 --> 00:27:37,856 Let's see what he has to say for himself. 523 00:27:38,390 --> 00:27:40,415 It was self-defense. 524 00:27:40,659 --> 00:27:43,526 Do you plan to try selling that to the Grand Jury, Mr. Cerullo? 525 00:27:43,762 --> 00:27:45,753 You're opening a Grand Jury on me? 526 00:27:45,831 --> 00:27:47,060 They won't indict, Bob. 527 00:27:47,199 --> 00:27:49,099 They'll indict anybody, Ernie. 528 00:27:49,601 --> 00:27:52,366 This is what I get for 25 years' service on the force? 529 00:27:52,471 --> 00:27:54,405 That doesn't buy anybody a murder. 530 00:27:54,473 --> 00:27:57,306 I have commendations, a medal of valor. 531 00:27:57,476 --> 00:28:00,377 Cop to the homicide, and I'll get you man one, 20 years. 532 00:28:00,512 --> 00:28:01,843 Don't dignify that. 533 00:28:01,980 --> 00:28:04,540 You know how many cases I've worked in my career? 534 00:28:05,317 --> 00:28:07,183 How many homicides I've cleared? 535 00:28:07,252 --> 00:28:08,947 How many multiple homicides? 536 00:28:09,021 --> 00:28:10,250 We've been over your record. 537 00:28:10,322 --> 00:28:11,802 You're gonna have to go over it again. 538 00:28:11,924 --> 00:28:15,019 Because if I'm indicted, you may have to revisit every one of them. 539 00:28:16,195 --> 00:28:17,959 What does that mean? 540 00:28:18,463 --> 00:28:20,397 If I'm on the stand, Mr. McCoy, 541 00:28:21,066 --> 00:28:23,899 my conscience may just start to eat at me. 542 00:28:24,670 --> 00:28:27,867 I may just feel the need to purge myself of evidence 543 00:28:27,973 --> 00:28:30,340 I may have planted in those cases, 544 00:28:30,442 --> 00:28:32,570 and suspects I may have flaked. 545 00:28:33,745 --> 00:28:35,907 You'd lie about tainting cases? 546 00:28:36,348 --> 00:28:38,442 I'll come clean, as it were. 547 00:28:39,718 --> 00:28:42,779 And you expect me to drop this case because of that threat? 548 00:28:43,689 --> 00:28:47,216 Forty-some cases could go down the toilet. 549 00:28:48,060 --> 00:28:50,586 Forty stone-cold killers back on the street 550 00:28:50,662 --> 00:28:52,858 because you want to lock me up 551 00:28:52,931 --> 00:28:56,128 for taking care of a rat bastard like Jay Fleckner. 552 00:28:59,605 --> 00:29:02,631 We're moving forward, Mr. Cerullo. Be prepared. 553 00:29:07,713 --> 00:29:10,546 Justice at any cost. That it, McCoy? 554 00:29:12,050 --> 00:29:13,449 Go after me. 555 00:29:13,719 --> 00:29:15,847 It's gonna cost you plenty. 556 00:29:23,161 --> 00:29:25,095 So, how many cases are we talking about? 557 00:29:25,163 --> 00:29:27,495 Cerullo has 41 homicide collars. 558 00:29:27,566 --> 00:29:30,627 And he got a lot of confessions, which he can claim he coerced. 559 00:29:30,969 --> 00:29:33,939 Well, is there any indication that there was coercion, 560 00:29:34,006 --> 00:29:35,997 or proof that he really did taint cases? 561 00:29:36,174 --> 00:29:38,268 His record on the job is spotless. 562 00:29:38,477 --> 00:29:42,277 And how does a detective phony evidence on 41 homicide suspects, 563 00:29:42,347 --> 00:29:44,213 and not draw attention even once? 564 00:29:44,283 --> 00:29:47,480 It's not possible. Cerullo is lying to back us into a corner. 565 00:29:47,619 --> 00:29:50,452 And it's gonna cause every defense lawyer that he ever faced 566 00:29:50,522 --> 00:29:51,802 to file a motion for a new trial. 567 00:29:51,857 --> 00:29:54,349 We'll waste hundreds of hours re-prosecuting. 568 00:29:54,426 --> 00:29:57,794 Which is unfortunate, but unless he did a murder, 569 00:29:58,297 --> 00:29:59,992 why throw up the smokescreen? 570 00:30:00,365 --> 00:30:03,596 He planted the gun on Fleckner to claim self-defense. 571 00:30:04,569 --> 00:30:06,537 Do you have enough for a conviction? 572 00:30:07,406 --> 00:30:08,999 We'll need more. 573 00:30:10,042 --> 00:30:13,205 Bob has been with me every second of this nightmare. 574 00:30:13,445 --> 00:30:16,244 I don't understand why you think I'd speak ill of him. 575 00:30:16,481 --> 00:30:18,643 What if you thought he'd committed a murder? 576 00:30:18,984 --> 00:30:20,474 This gun you're talking about... 577 00:30:20,552 --> 00:30:23,419 Sounds like Fleckner could have gotten it any number of ways. 578 00:30:23,588 --> 00:30:26,489 The only way was from Bob Cerullo, who planted it. 579 00:30:26,992 --> 00:30:30,223 If you make a statement, he may be more inclined to make a deal. 580 00:30:30,662 --> 00:30:32,858 That could save him ten years in jail. 581 00:30:33,165 --> 00:30:35,497 Whatever you feel about his intentions, Mrs. Messick, 582 00:30:35,567 --> 00:30:39,162 Bob Cerullo had no right to dole out justice to Jay Fleckner. 583 00:30:41,073 --> 00:30:42,438 You know what? 584 00:30:43,108 --> 00:30:45,440 I don't think I should talk to you anymore. 585 00:30:46,011 --> 00:30:48,810 Understand, it's not you we're looking to incriminate. 586 00:30:51,183 --> 00:30:53,117 I'm sorry, but on the advice of my lawyer, 587 00:30:53,185 --> 00:30:55,449 I'm gonna invoke my right to the Fifth Amendment. 588 00:31:00,158 --> 00:31:02,786 Valerie's husband rubbed elbows with the mob. 589 00:31:02,894 --> 00:31:04,157 She might know things. 590 00:31:04,229 --> 00:31:06,197 Testifying could put her in a vulnerable position. 591 00:31:06,264 --> 00:31:07,993 I don't think it was just self-preservation. 592 00:31:08,066 --> 00:31:10,933 If she knows Cerullo murdered Fleckner, 593 00:31:11,436 --> 00:31:13,200 she's stonewalling to protect him. 594 00:31:13,271 --> 00:31:14,397 Well, either way, 595 00:31:14,473 --> 00:31:17,272 history's taught us we can't rely on her to make the case. 596 00:31:17,342 --> 00:31:18,605 We won't. 597 00:31:18,944 --> 00:31:21,276 We didn't have a reason to search Messick's house before. 598 00:31:21,346 --> 00:31:22,609 We do now. 599 00:31:22,681 --> 00:31:24,080 I'll get a warrant. 600 00:31:24,383 --> 00:31:26,579 Philip Messick was a very smart man. 601 00:31:26,651 --> 00:31:28,380 He kept an insurance policy. 602 00:31:28,453 --> 00:31:31,787 A black file that somebody buried in his backyard flowerbed. 603 00:31:31,857 --> 00:31:33,154 Information on his associates? 604 00:31:33,225 --> 00:31:35,387 Yep. And all the dirtbags he worked with. 605 00:31:35,494 --> 00:31:37,792 Including his friend, Bob Cerullo. 606 00:31:37,929 --> 00:31:40,626 Now, our forensic accountant is just getting into this, but so far, 607 00:31:40,699 --> 00:31:43,600 we know that Cerullo sold guns and stolen property to the mob. 608 00:31:43,668 --> 00:31:44,931 Messick was the go-between. 609 00:31:45,003 --> 00:31:46,334 This guy kept track of everything. 610 00:31:46,405 --> 00:31:50,205 Guns, jewelry, electronics, prices, dates, who sold what. 611 00:31:50,275 --> 00:31:52,471 Is Cerullo identified by name in here? 612 00:31:53,178 --> 00:31:54,509 Name and badge number. 613 00:31:54,579 --> 00:31:57,446 Right next to another name, Wayne Dumar. 614 00:31:57,516 --> 00:32:00,918 So, Dumar and Cerullo were business partners selling stolen property? 615 00:32:00,986 --> 00:32:03,978 Exactly. And you'll notice that Cerullo's income doubled 616 00:32:04,055 --> 00:32:05,580 when Dumar went toes-up. 617 00:32:05,657 --> 00:32:07,097 Well, it doesn't prove he killed him. 618 00:32:07,726 --> 00:32:09,592 Make a convincing argument in court. 619 00:32:10,128 --> 00:32:13,655 What we can establish is that Dumar was criminally linked to Cerullo. 620 00:32:13,865 --> 00:32:16,425 And Dumar ties to the gun found on Jay Fleckner. 621 00:32:16,501 --> 00:32:18,162 Right. Which leads right back to Cerullo. 622 00:32:18,236 --> 00:32:21,831 It's the best evidence we have so far, that he planted the gun. 623 00:32:22,774 --> 00:32:23,798 What's this? 624 00:32:24,109 --> 00:32:26,009 Trying to coax us into a plea? 625 00:32:26,077 --> 00:32:28,808 This book ties Cerullo to the gun found on Fleckner. 626 00:32:29,614 --> 00:32:31,673 No one's going to believe it's self-defense. 627 00:32:32,117 --> 00:32:34,677 Lot of wiggle room between Dumar and that gun. 628 00:32:35,720 --> 00:32:37,347 Juries aren't stupid. 629 00:32:37,856 --> 00:32:40,951 Really? We must be working different courtrooms. 630 00:32:42,627 --> 00:32:45,858 No way they hang my guy for killing that piece of crap. 631 00:32:46,565 --> 00:32:49,125 And my client won't bite on your offer. 632 00:32:49,801 --> 00:32:51,599 Now, you really wanna talk. 633 00:32:52,204 --> 00:32:54,468 I'm calling your bluff, Mr. Kruhulik. 634 00:32:55,106 --> 00:32:56,870 You don't think he's serious? 635 00:32:57,108 --> 00:32:59,270 All of your cases come undone. 636 00:32:59,878 --> 00:33:01,937 And you'll be suborning perjury. 637 00:33:02,180 --> 00:33:03,978 We both know the charges are bogus. 638 00:33:04,049 --> 00:33:06,916 It'll take a full-scale investigation to bear that out. 639 00:33:07,018 --> 00:33:09,043 Pending new trials, of course. 640 00:33:09,988 --> 00:33:12,889 In lieu, I'll take my client at his word. 641 00:33:13,158 --> 00:33:15,286 We're prepared to go to trial. 642 00:33:15,494 --> 00:33:18,623 If your client gets on the stand and lies about his old cases, 643 00:33:18,830 --> 00:33:20,958 prepare to go to jail with him. 644 00:33:23,468 --> 00:33:26,494 Your shaky case just became your major headache. 645 00:33:34,546 --> 00:33:37,345 Was I scared? Of course. 646 00:33:37,782 --> 00:33:40,251 A guy like Fleckner. Killed Phil Messick, 647 00:33:40,318 --> 00:33:42,218 almost took his wife, Valerie, too. 648 00:33:42,420 --> 00:33:44,616 And why did you go pay him a visit? 649 00:33:45,090 --> 00:33:48,549 I only went over there to tell him to leave Valerie alone. 650 00:33:49,160 --> 00:33:52,095 A stupid thing to do, now that I think about it. 651 00:33:53,064 --> 00:33:56,830 I just figured I could make an impression, and that'd be that. 652 00:33:57,102 --> 00:33:59,571 I thank the Good Lord I had my gun. 653 00:34:00,171 --> 00:34:02,049 When Fleckner was coming at me, I'm telling you, 654 00:34:02,073 --> 00:34:03,871 I was fighting for my life. 655 00:34:04,843 --> 00:34:06,333 And what did you do, then? 656 00:34:06,578 --> 00:34:08,307 I defended myself. 657 00:34:09,014 --> 00:34:11,984 I did not pull my gun until Fleckner pulled his. 658 00:34:13,552 --> 00:34:14,883 Thank you. 659 00:34:17,188 --> 00:34:19,657 Did you know Detective Wayne Dumar? 660 00:34:20,392 --> 00:34:21,553 I did. 661 00:34:21,826 --> 00:34:26,696 In fact, you found Detective Dumar after his apparent suicide, correct? 662 00:34:27,732 --> 00:34:30,394 It was a bad day. Wayne was a good friend. 663 00:34:31,036 --> 00:34:33,095 So you were aware that he was the focus 664 00:34:33,171 --> 00:34:35,731 of an investigation involving stolen guns? 665 00:34:36,041 --> 00:34:38,203 There was never anything to those accusations, 666 00:34:38,276 --> 00:34:40,267 and they never proved that there was. 667 00:34:40,412 --> 00:34:42,710 Your Honor, what's the relevance here? 668 00:34:42,981 --> 00:34:44,779 Get to the point, Mr. McCoy. 669 00:34:46,251 --> 00:34:49,414 People's 19. This is a ballistics report 670 00:34:50,021 --> 00:34:54,151 that ties the gun found on the victim to a robbery investigation 671 00:34:54,626 --> 00:34:56,185 by Detective Dumar. 672 00:34:56,995 --> 00:35:00,226 There is no link between the gun and the victim. 673 00:35:01,833 --> 00:35:05,827 There is, however, a link to your good friend, Wayne Dumar. 674 00:35:06,504 --> 00:35:10,702 Mr. McCoy, in my experience, weapons pass through a lot of hands. 675 00:35:12,978 --> 00:35:14,878 3417. 676 00:35:16,715 --> 00:35:18,706 Does that number mean anything to you? 677 00:35:19,884 --> 00:35:21,283 Yeah. It was my shield number 678 00:35:21,353 --> 00:35:23,447 when I was a police officer. 679 00:35:24,456 --> 00:35:25,855 People's 20. 680 00:35:27,125 --> 00:35:31,653 This is an accounting ledger, found in the Messick house, 681 00:35:32,664 --> 00:35:36,623 which identifies you by your badge number, 682 00:35:36,701 --> 00:35:37,998 3417, 683 00:35:39,437 --> 00:35:40,836 and by name. 684 00:35:42,007 --> 00:35:44,032 Do you have an explanation as to why Philip Messick 685 00:35:44,142 --> 00:35:47,806 accounted you as selling illegally obtained property and guns, 686 00:35:47,879 --> 00:35:50,644 like the gun stolen by Wayne Dumar, 687 00:35:51,049 --> 00:35:52,881 and then planted on Fleckner, 688 00:35:53,084 --> 00:35:55,416 to corroborate your self-defense story? 689 00:35:55,687 --> 00:35:57,655 I don't know who made up that book, 690 00:35:57,722 --> 00:36:00,157 but what you're describing never happened. 691 00:36:00,792 --> 00:36:05,855 Mr. Cerullo, did you execute a man to avenge Philip Messick's death, 692 00:36:06,498 --> 00:36:08,125 and then cover it up? Objection! 693 00:36:08,199 --> 00:36:09,223 Overruled. 694 00:36:09,300 --> 00:36:11,325 The only covering up I see is from you. 695 00:36:12,003 --> 00:36:15,200 You let Fleckner walk, and now you want me to go down for it. 696 00:36:15,640 --> 00:36:19,873 Or did Fleckner walk, and you believed that justice had to be done. 697 00:36:20,779 --> 00:36:22,611 Isn't that the truth here, Mr. Cerullo? 698 00:36:23,081 --> 00:36:25,413 I killed him to save my own life. 699 00:36:27,018 --> 00:36:29,112 How can that make any sense, 700 00:36:30,021 --> 00:36:33,514 when all the weapons at the crime scene were yours? 701 00:36:35,293 --> 00:36:36,920 You got it wrong. 702 00:36:38,763 --> 00:36:40,356 Nothing further. 703 00:36:41,232 --> 00:36:42,393 Redirect, Your Honor? 704 00:36:42,467 --> 00:36:43,730 Go ahead. 705 00:36:46,504 --> 00:36:48,905 In your years as a police officer, 706 00:36:49,808 --> 00:36:52,743 did your paths ever cross with Jay Fleckner? 707 00:36:54,012 --> 00:36:56,504 No, but I knew him by reputation. 708 00:36:56,815 --> 00:36:58,715 Which was? A bad guy. 709 00:36:59,084 --> 00:37:01,018 And how did you come to know this? 710 00:37:01,553 --> 00:37:04,147 I had arrested some of Fleckner's associates. 711 00:37:05,123 --> 00:37:08,252 People Fleckner pulled crimes with? 712 00:37:09,394 --> 00:37:10,486 Yeah. 713 00:37:10,995 --> 00:37:12,929 Did you believe that Fleckner knew of you? 714 00:37:14,833 --> 00:37:16,358 He definitely did. 715 00:37:16,434 --> 00:37:18,425 Why did you believe this? 716 00:37:24,175 --> 00:37:28,544 You see, I framed one of Fleckner's buddies on a drug murder. 717 00:37:29,514 --> 00:37:31,414 A lowlife named Anton Brady. 718 00:37:31,616 --> 00:37:33,744 Another guy he ran with, Jimmy Mills. 719 00:37:34,119 --> 00:37:35,609 I sent him up on a rape beef. 720 00:37:35,887 --> 00:37:37,377 Objection. Relevance. 721 00:37:37,856 --> 00:37:39,187 Overruled. 722 00:37:39,457 --> 00:37:42,358 You framed these men? 723 00:37:43,595 --> 00:37:46,462 I framed a lot of bad guys in my day. 724 00:37:47,365 --> 00:37:48,594 You see, 725 00:37:49,734 --> 00:37:52,931 I'm being honest now about everything in my past. 726 00:37:53,671 --> 00:37:56,971 I want to cop to every wrong deed in my career, 727 00:37:57,342 --> 00:37:59,367 so you'll know I'm telling the truth, 728 00:37:59,444 --> 00:38:01,776 that Fleckner was out to kill me. 729 00:38:03,181 --> 00:38:04,546 I didn't realize until now. 730 00:38:04,616 --> 00:38:07,517 That's why he didn't even hesitate to pull a gun. 731 00:38:08,153 --> 00:38:10,986 That's why I had to defend myself. 732 00:38:20,865 --> 00:38:24,529 I think I might have something to leverage Valerie Messick to testify. 733 00:38:24,869 --> 00:38:27,338 I showed a copy of Philip Messick's black file 734 00:38:27,405 --> 00:38:29,806 to Andrew Semel in the US Attorney's Office. 735 00:38:30,041 --> 00:38:33,204 The Feds' money laundering case leads to an illegal corporate account 736 00:38:33,278 --> 00:38:35,269 at a bank in Panama City. 737 00:38:35,480 --> 00:38:37,380 It's administered by Valerie Messick. 738 00:38:38,483 --> 00:38:40,508 He kept his own wife in the file? 739 00:38:40,718 --> 00:38:43,949 She's hidden 12 different ways, but their forensic accountant did the math, 740 00:38:44,022 --> 00:38:45,285 and she's tied in. 741 00:38:45,490 --> 00:38:47,549 Are the Feds planning to indict? 742 00:38:47,692 --> 00:38:49,558 Valerie could be facing 20 years. 743 00:38:49,627 --> 00:38:52,653 But they're willing to work with us on any deal we want to make her. 744 00:38:52,797 --> 00:38:54,356 Pitch it to her. 745 00:38:55,033 --> 00:38:58,264 Testimony against Cerullo, or 20 years in the pen. 746 00:39:01,573 --> 00:39:03,871 My God. How could this be happening? 747 00:39:04,309 --> 00:39:07,176 The Feds are willing to work with us, but they won't wait forever. 748 00:39:07,345 --> 00:39:08,904 How hard are they willing to work? 749 00:39:09,447 --> 00:39:10,676 How good is the deal? 750 00:39:11,015 --> 00:39:12,983 Five years for the money laundering. 751 00:39:13,184 --> 00:39:16,586 No. If you want her, immunize her. 752 00:39:17,222 --> 00:39:18,815 I want to hear what she has to say. 753 00:39:18,890 --> 00:39:21,325 She'll talk when she's on the stand. 754 00:39:21,492 --> 00:39:24,325 Full immunity. She doesn't do a day in jail. 755 00:39:26,364 --> 00:39:29,527 You want Bob, that's what you've got to live with. 756 00:39:36,908 --> 00:39:40,401 Mrs. Messick, would you please describe your relationship 757 00:39:40,478 --> 00:39:42,105 with Bob Cerullo? 758 00:39:42,914 --> 00:39:44,382 Good friends. 759 00:39:44,549 --> 00:39:47,780 Can you describe your husband's relationship with Mr. Cerullo? 760 00:39:50,755 --> 00:39:54,123 My husband and Bob knew each other since they were kids. 761 00:39:54,459 --> 00:39:57,690 Your husband was a conduit for stolen goods and weapons 762 00:39:58,363 --> 00:40:00,331 between suspects in criminal cases 763 00:40:00,398 --> 00:40:02,662 and members of organized crime families, correct? 764 00:40:02,734 --> 00:40:04,327 Objection. Leading. 765 00:40:04,402 --> 00:40:05,927 She's a hostile witness, Your Honor. 766 00:40:06,104 --> 00:40:07,799 You get some room, Mr. McCoy. 767 00:40:07,906 --> 00:40:09,897 You can answer that, Mrs. Messick. 768 00:40:10,341 --> 00:40:13,311 As far as I know, that was the business, yes. 769 00:40:13,411 --> 00:40:15,675 Mr. Cerullo made a great deal of money 770 00:40:15,747 --> 00:40:17,647 from this relationship, didn't he? 771 00:40:18,549 --> 00:40:19,812 Yeah, he did. 772 00:40:19,884 --> 00:40:23,047 A money stream that was totally turned off 773 00:40:23,855 --> 00:40:26,324 after your husband was murdered, correct? 774 00:40:28,526 --> 00:40:30,153 As far as I know. 775 00:40:32,130 --> 00:40:35,065 Do you know Mr. Cerullo's motive for killing Jay Fleckner? 776 00:40:35,533 --> 00:40:38,764 Was it revenge for the killing that turned off his money? 777 00:40:43,408 --> 00:40:46,139 Can you answer that question, Mrs. Messick? 778 00:40:49,447 --> 00:40:51,347 That wasn't his motive. 779 00:40:53,851 --> 00:40:55,148 What was? 780 00:40:57,355 --> 00:41:00,848 He did it because I asked him to kill Jay Fleckner. 781 00:41:05,129 --> 00:41:06,824 You asked him to? 782 00:41:09,334 --> 00:41:11,928 In the hospital, after I was attacked. 783 00:41:13,972 --> 00:41:16,202 What was Mr. Cerullo's response? 784 00:41:19,811 --> 00:41:22,906 He said he'd take care of it. He'd kill Fleckner. 785 00:41:23,614 --> 00:41:27,141 In the event Mr. Fleckner was exonerated at trial, correct? 786 00:41:29,153 --> 00:41:30,211 Yes. 787 00:41:32,023 --> 00:41:34,048 Which I made sure happened. 788 00:41:38,663 --> 00:41:40,631 What do you mean by that? 789 00:41:43,134 --> 00:41:45,102 I threw my testimony during the trial, 790 00:41:45,403 --> 00:41:48,498 so Fleckner could go free, so Bob could kill him. 791 00:41:50,942 --> 00:41:52,774 That bastard killed my husband. 792 00:41:52,844 --> 00:41:55,677 He ruined my life. I just wanted him dead. 793 00:41:57,882 --> 00:42:00,044 I'm sorry, Bob. I'm so sorry. 794 00:42:11,696 --> 00:42:13,926 In the matter of the People v. Robert Cerullo, 795 00:42:13,998 --> 00:42:16,365 on the count of Murder in the Second Degree, 796 00:42:16,501 --> 00:42:17,935 how do you find? 797 00:42:18,269 --> 00:42:21,295 We find the defendant, Robert Cerullo, guilty. 798 00:42:30,848 --> 00:42:33,340 Have fun the next five years, McCoy. 799 00:42:33,851 --> 00:42:35,842 It's gonna be miserable. 800 00:42:46,064 --> 00:42:49,056 Valerie Messick won't have to answer for her role in the murder. 801 00:42:49,200 --> 00:42:51,965 She made good use of that immunity blanket we handed her. 802 00:42:52,036 --> 00:42:53,595 Without her, we couldn't convict. 803 00:42:53,838 --> 00:42:55,772 A dozen motions for new trials have been filed 804 00:42:55,840 --> 00:42:57,774 off Cerullo's old cases. 805 00:42:57,842 --> 00:43:00,436 Up to our eyeballs in ancient history. 806 00:43:00,511 --> 00:43:02,309 The price of justice. 807 00:43:02,359 --> 00:43:06,909 Repair and Synchronization by Easy Subtitles Synchronizer 1.0.0.0 64401

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