All language subtitles for Law and order S15E12 - Mammon

NARRATOR:
In the criminal justice system

the people are represented by two
separate yet equally important groups,

the police
who investigate crime

and the district attorneys
who prosecute the offenders.

These are their stories.

Oh, my God! (CRYING)

No! No!

Greg Emerson, 50.

Venture capitalist,
owns his own firm.

FONTANA: Business
must have been good.

Any idea on how the
killer got in or out?

There's no sign
of forced entry.

He could've gone
out the front.

The dead bolt was off and the
door locks from behind you.

Is there an
alarm system?

Housekeeper said it was off
when she came in this morning.

Was there anybody
else in the house?

Mrs. Emerson is away for the weekend.
We're trying to reach her.

We're still waiting
on the M.E.

Not that we need anybody to
tell us how this guy died.

We're homicide detectives. We don't
assume anything, and neither should you.

There's a safe in the
closet and it's open.

There's not much left.

Some bonds,
a little jewelry.

Well, maybe Mrs. Emerson
can tell us what was in there.

Hey.

The bed is stripped
and the sheets are missing.

ED: So, what are
you thinking?

Maybe he carried away bloody
evidence in the sheets.

Along with what
was in that safe.

Well, why leave
the weapon?

Panic?

We should talk to the housekeeper.
See what she has to say.

Empty safe, rich victim.
It's a burglary, right?

What did I tell you
about assuming?

ED: So, is the alarm usually
off when you come in for work?

Mr. Emerson gets up early.
He turns it off.

Unless he's away.

So you know the code?

It's like a PIN number,
you know? I have my own.

FONTANA: Does anyone
else have one?

Besides Mr. and
Mrs. Emerson? No.

When was the last time
you saw Mr. Emerson?

Yesterday morning. Sunday
is my night off. I go home.

And was the bed made
in the master bedroom?

Yeah, I made it
before I left.

And how about
that safe upstairs?

Do you have any idea at
all what they kept in it?

No, sorry. No idea.

Did you notice
anything else missing?

Jewelry, money,
art, silver, anything?

(SIGHS) No. I took
a look around,

but I didn't
see anything.

When did
Mrs. Emerson leave?

Uh, Saturday morning.

You know where
she was going?

I told the officer.
Massachusetts.

The Golden Gate.
It's a spa.

She should be back
this afternoon.

We noticed there was an
art studio upstairs?

She's a painter.
They converted the nursery.

No. ED: They don't
have any kids?

Did they have a
good marriage, Luisa?

I never saw them fight.

I hardly ever drove the two
of them at the same time.

Different interests,
different schedules.

She's a lot younger
than he is.

Was.

How much younger?

Like, 20 years?

So, that's what I'm saying.

A lot of nights he'd stay in, I'd drive
her to some concert or some opening.

FONTANA: Alone? Sometimes.
Sometimes with friends.

Any special friend?

What do you mean? You
know what he means.

Did either one
of them have

a little "something, something"
going on, on the side?

Older husband,
younger wife.

Honest! I never got a whiff
of that, from either one.

Hey, so where
were you yesterday?

My big day off.

I was home all day.
I was vegging on the NFL.

FONTANA: Do you have a
key to the house? No.

No access to the alarm?

The only thing I know about the alarm
is they just put a new one in.

Supposed to be
state of the art.

Why did they put
a new one in?

They just did
a major renovation.

Redid the whole place,
top to bottom.

We know from the records that the system
was turned on last night at 10:00.

Turned off
at 11:28.

We know by who?

We should. With the
individual PIN codes,

there's a record of whoever
turns the system on and off.

Plus, when it's working, 24-hour digital
surveillance of all the entrances.

Beautiful.

Huh, look at this.
The hard drive is missing.

What do you mean,
it's missing?

Well, someone removed it, and without
it, the system is inoperable.

How difficult would it be
to take the hard drive out?

This is a high-end,
sophisticated setup.

Well, who would know
where the alarm is?

How to take the
hard drive out?

Besides Mr.
and Mrs. Emerson?

Me.

And the people who
helped install it.

I'll give you the name
of the general contractor.

TREMONT: I can't believe
this news about Mr. Emerson.

He was a really nice guy.

Hey, uh, Jimmy?

When you get a second,
can you take this drywall

and bring it over by the front
windows, please? Thanks.

So, uh, let's see. It
was, uh, me and my peeps.

Two guys, plus the dude
from Renfield Security

to bring it online
once we put it in.

That was a job,
wiring that house.

Well, we need the names of the guys
on your crew that put the alarm in.

Oh, no problem.

Were you the contractor
for the whole renovation?

Oh, yeah.
Start to finish.

We're gonna need a list of
everybody that worked for you,

even if it was
for a day.

Oh, yeah.
That'll take some time.

Hey, uh, Mikey, these are
for the new windows.

Thanks. Uh,
it was a big job.

16 months,
almost 100 guys.

You must have had access to the
house while they were away.

Well, there was a temp PIN
in case we needed to get in.

Once we were done, they canceled it.
Took us off the system.

And how easy is it to
tamper with that system?

Not hard. Main box is right where you'd expect
it to be, in a closet by the front door.

Let's say you wanted to
take the hard drive out.

Well, you'd pop it open,
disconnect the drive.

Probably take you five minutes
if you know what you're doing.

And wouldn't that set off an
alarm signal somewhere else?

As long as the system
is not armed, no.

So you have to turn the system
off to take the hard drive out?

TREMONT: Right.

And for that,
you need a PIN code.

Correct.

Okay. Thanks, bro.

So, what do we have here?
A robbery gone bad,

or a homicide made
to look like a robbery?

We don't know yet.

The contractor gave us a list of
everybody working on the renovation,

so now we're doing
background checks.

We also have a call in to the
Manhattan Robbery Squad.

See if this fits into any crime
patterns that they might be working on.

What about the wife?

The spa confirmed that
she was there all weekend,

but she's on her way
back to the city now.

We're supposed to talk
to her this evening.

All right. In the meantime, why don't
you go have a talk with the M.E.

No surprise.
Blunt-force trauma.

CSU find any prints onthexueapon?
None.

Do you have
a time of death?

Oh, say between 11:00 or so Sunday
night and 12:30, 1:00 Monday morning.

Well, that fits the
timeline on the alarm.

The company said it was turned
off Sunday evening at 11:30.

Hmm. He was struck several
times from behind.

He was probably standing when
he suffered the first blow.

I'd say the killer was left-handed,
male, and at least six feet tall.

Any signs
of a struggle?

No. The first blow alone was
enough to knock him unconscious.

But the killer
kept hitting him.

Several more times. Probably
when he was lying on the floor.

Burglars don't
usually do that.

The good ones? You never
knew they were there.

Somebody didn't
like this dude.

There's nearly $200,000 missing from the
bedroom safe and most of my jewelry.

$200,000 cash? Didn't
your husband trust banks?

Well, Greg didn't feel secure unless
he had a lot of cash on hand.

Especially after 9/11.

He would say, "What if there
is a terrorist attack

"and the worldwide
banking system fails?"

And I'd say, "Honestly,
darling, what if?"

Your jewelry.
What was it worth?

Several million,
give or take.

Who else knew
about the safe?

Just me and Greg.

(SIGHS) Poor Greg.

What a horrible thing
to have happen.

VAN BUREN: All preliminary
background checks

on the guys that installed the security
system came back pretty clean.

A few DWIs, misdemeanors,
except Kenny Tremont.

I knew it, the contractor.
What's he got?

Assault,
credit card fraud.

I assume she benefits financially
from her husband's death.

We're assuming the same thing, but
we've got to run down the details.

She couldn't have been more distraught if
her neighbor's goldfish went belly-up.

So if Mrs. Emerson
is involved in this,

she hired it done,
or had an accomplice.

Someone who knew how to
beat that security system.

I'm betting Kenny Tremont.

All right. Talk to the housekeeper
and the driver again.

See if they know something
they don't know they know.

ED: Housekeeper told us that Kenny Tremont
has been around a lot in the last few weeks,

even though most of the
work was already done.

Sorry, I never drove Mr.
Tremont and Mrs. Emerson.

FONTANA: You never
seen them together?

Sure. Talking about
the renovation.

Usually, she was chewing him out over
one thing or another she didn't like.

Hey, wait,
she got a temper?

Oh, yeah. One time she burned all of Mr.
Emerson's suits

and threw his desk out
an upstairs window.

That kind of thing
happen a lot?

She has a short fuse.

Hey, so when you drive her,
where do you normally go?

Shopping, mostly.

And, what, you just
sit around and wait?

Usually, I drop her
off and come back.

The woman is aworld-class shopper.
She can shop for hours.

She have any, uh,
favorite destination lately?

Well, there's this
one place on Madison.

All these shoes. Shoes
are like crack to women.

Hey, with me,
it's shirts and ties.

Gentlemen.
Can I help you?

Yes, I'm Detective Fontana,
this is Detective Green.

New York City
Police Department.

Yeah, we need to ask you about one
of your customers, Marley Emerson?

Oh, such a shame what
happened to her husband.

You don't expect that kind of
thing in this neighborhood.

Yeah. When was the last
time she was in here?

Let's see, she was just in.
It was probably last week.

No, I think it was two
or three months ago now.

Let me check my records. If
you'll excuse me, just a minute?

Two or three months ago?

If she wasn't buying shoes,
what was she doing?

She's a rich woman. She could do
whatever the hell she wants to do.

No. it was longer than that, in fact.
Closer to six months.

Okay. Thank you.
Although...

She did just have something
delivered two weeks ago.

A pair of alligator pumps.

Delivered to her home?

Uh, no.
To the Hotel Daniel.

Just across the street
and down the block.

I'd hate to violate the
privacy of one of our guests.

Oh, no, it's okay.
We're authorized.

Several afternoons a week
for the last year and a half.

They order room service,
a bottle of wine.

Yeah, that's the gentleman.
I don't know his name.

Who pays?
She does. Cash.

That's nice work,
if you can get it.

Can you give us a
printout of the charges?

Detectives, are you threatening me
with a subpoena if I don't comply?

Why, yes, ma'am,
we certainly are.

In that case,
and under duress...

FONTANA: Your objection
is duly noted.

This may take a while.

Mrs. Emerson's charges
are quite extensive,

several hundred thousand
dollars worth.

That's a hell of
a lot of room service.

I sure hope
he was worth it.

The people we talked to said
that she was a struggling artist

when she met Greg Emerson.
She married up?

Well, yeah, way up! The dude's a
billionaire, and she's from Cincinnati.

Her father worked in
an art museum there.

Well, when did she start having
this affair with the contractor?

According to the hotel
records, three weeks after

they started the renovation
on the townhouse.

And no one knew?

Apparently, they were pretty
discreet about the whole thing.

All right, look into his alibi
for the night of the murder,

and talk with some
of her girlfriends.

If she was having an affair,
I bet one of them knew.

You forgot to mention that you
were sleeping with Mrs. Emerson,

and that you have
a criminal record,

and you knew how
to take out that alarm.

You can't prove I had
anything to do with it.

Oh, we're halfway there, bro. We
have motive, we have opportunity.

So, let's hear your alibi
for Sunday night.

I grabbed a bite with my
girlfriend and went to a movie.

The Sunshine,
down on Houston.

This French flick.
I still got the ticket stubs.

Yeah, yeah. How about
after the movie?

After the movie, we, uh,
walked down to Little Italy,

grabbed some cannolis
and caps at Ferrara's,

and then walked
back to her place.

And you were with her all night?
All night.

Okay. So now we need your
girlfriend's name and number.

Fine. Linda Ziman.

Lives down on Ludlow Street.
And she'll vouch.

I'm sure she will.

Hey, look, guys,
I didn't do it.

So you can't
prove that I did.

LINDA: We got some
dessert in Little Italy.

ED: Where?

That big place
on Hester Street?

I can't remember the name.

Ferrari's?
Ferrara's.

That's it.
Uh, Kenny told us

that the two of you ran into a
friend of his at Ferrara's.

Did you happen
to remember his name?

Oh, right, right.

Um, it was a friend of his from work.
I can't remember his name.

Did he ever talk to you
about the Emersons?

He said they were nice. Nice
enough, for rich people.

Yeah, he spent a lot
of time over there.

Well, it was a big job.

He spent a lot of time
with Mrs. Emerson.

She was in charge.

You should ask your boyfriend
about the Hotel Daniel.

Hotel Daniel?

Yeah, him and Mrs. Emerson
had a lot of meetings there.

Middle of the
afternoon meetings.

Look, if you change your story,
give us a call, all right?

Thank you.

JULIA: I've known Marley since
she first came to New York.

We were both waiting tables
in the East Village.

Greg used to come downtown,
mingle with the Bohemians.

(LAUGHS) They, uh,
hit it off.

You were together
all weekend?

We used to go to the Golden
Gate two, three times a year.

I know it well.

It has the best wraps
and peels on the East Coast.

She ever talk about
her husband?

Uh, they had their ups and
downs, like any married couple.

Did you know she
was having an affair?

Um...
With Kenny Tremont?

Oh, God.

She swore me to secrecy.

Um, but if
you already know...

What did she tell you?

She'd been seeing
him for a while,

and that the sex
was to die for.

She ever talk about
leaving her husband?

Oh, she wouldn't
have done that.

She liked being
Mrs. Greg Emerson too much.

Really? Well, that's not
the information we got.

She may not have
liked Greg that much,

but she never would
have divorced him.

She would have lost her place.
In the art world.

Mr. Emerson know
about the affair?

She said no. But she
didn't care if he did.

He was having
one of his own.

I thought you were investigating
the possibility of a burglar.

Well, we are.
But now that we know

that you and Kenny Tremont
are having an affair...

We like Kenny as the burglar, and
we think that you gave him a key

and a code to the alarm.

That is ridiculous.
Is it?

He knows the system.

He knows the hard drive
needs to be taken care of.

Kenny was with his
girlfriend that night.

How would you know
something like that?

Because he called to say
how sorry he was about Greg.

It came up in
the conversation.

How's that sit with you?
Him having a girlfriend?

Well, I was hardly in
a position to complain.

Look, Kenny is, um, fun.

He's my boy toy.

And my husband didn't
really like to have sex.

At least not
with me. So...

Wait, we hear that he was
having an affair, too.

Who have you
been talking to?

Look, give us a name.
We need to check it out.

I would love to, but I have no
idea what their names were.

And I doubt he did either,
most of the time.

She say he was
into rough trade?

According to her,
he'd pick up guys

and bring them home
when she wasn't there.

And when she was? We're
looking into his financials

and his phone records
to see if anything pops,

like maybe a hotel
or an apartment

that she didn't know about.
But so far, nothing has.

And you talked to her
housekeeper and the driver?

Yeah. Both of them swear that they
never saw him pick anybody up

or bring anybody home,
male or female.

Detective? Latent's done running
the prints from the townhouse.

Uh, Mr. Tremont's
prints are everywhere.

Yeah, well, he's been working on the
house for the last year and a half.

But there's a very clear print on
the security system alarm pad.

ED: Well, he put the system
in and he's got a PIN code.

And you can't
date fingerprints.

But it's on the
deactivate button.

It should have been obliterated
from subsequent use by now.

Unless he was the last
one to turn it off.

Precisely.

You rock, Beck.
Thank you, man.

With his record, we might
be able to get a warrant.

Well, let's get
a friendly judge.

If we can't, I have an
old one in my locker.

Not everybody
reads the fine print.

(LAUGHS)

(CHATTER ON POLICE RADIO)

You guys gonna
put everything back?

Nah, that's your problem.

That doesn't seem fair.

The Fourth Amendment protects you
against unlawful search and seizure.

It doesn't say anything
about being neat.

Hey, Detective.

What's this?

It looks like a
hard drive, Kenny.

Why would an innocent man have
something like that squirreled away?

It's for my laptop.

Prove it.

Well, what do
you say, Casanova?

You wanna change
your story?

The lab tells us that the
hard drive that we found

was from Emerson's
security system.

FONTANA: You know, the system
that you helped to install.

ED: Your print was
on the alarm pad,

which means you were the last
person to turn off the alarm.

Now, let's see
what we've got here.

We've got means,
motive, and opportunity.

Certainly enough to send you away
for the rest of your stinking life.

Okay. Okay, look. She
asked me to take it out.

The hard drive.

Mrs. Emerson?
Yeah.

Yeah, she was nervous. Her husband
was away on business a lot,

she said it wasn't
working right,

she asked me
to take a look at it.

That's why my print's
on the pad.

(LAUGHS) Come on, Kenny.
You can do better than that!

It's true, okay?
I came by Saturday morning,

before she left
for Massachusetts.

Now, we know that's not true because the
alarm was still on, on Sunday night.

Mr. Emerson turned on
that alarm at 10:00,

and you turned it off an hour and a
half later, just in time to kill him.

(KNOCK ON DOOR) Now, if you
wanna work on your story,

start from scratch, we can forget about
all those lies you just been telling us.

Hey, Joe.

Think about it.

What's up?

Crime lab just called.
Hard drive's been erased.

Did he admit anything?

He admits the affair.
They both do.

And his story about when and how he removed
the hard drive from the security system?

She corroborates what he says, of
course, but it doesn't hold water.

The monitoring company records
contradict everything they said.

So she's involved, too?

She'd have to be. How else
would he get in the house?

And why would he do it, unless she was
gonna give him a piece of what she got

when her husband
got eighty-sixed?

Well, maybe he just
assumed she would.

What are you saying? He just went
out and killed him on his own?

Well, he makes it
look like a burglary,

now she's a widow,
who does she turn to?

Her boyfriend.
Yeah.

So, can we arrest him?

You should start playing
them against each other.

Poke a little hole
in his alibi first.

I'm willing to bet one of
them will sell out the other.

He said he'd never been to the Daniel
Hotel, or whatever it's called.

ED: Did you ask him about his
affair with Mrs. Emerson?

He said there wasn't one.
Except employer-employee.

Look, Linda, the reality
is they went to that hotel

four times a week for
the last year and a half.

We can show you copies
of the bills if you want.

Here's the deal. Kenny is gonna be
arrested for the murder of Greg Emerson.

No.
Oh, yes, he is.

And when all the details come out
about his affair with Mrs. Emerson,

your picture's gonna
be on the news, too.

And you might have to give a
deposition, maybe even testify.

And if you don't tell
the truth, that's perjury.

And instead of
just Kenny going to jail,

you go to jail, too.

ED: So the real question is, do you
wanna go to jail for a punk like Kenny?

I mean, he was cheating
on you with Mrs. Emerson.

How many other women
you think he got?

KENNY: Oh, no.

Oh, yeah. You're under arrest for
the murder of Gregory Emerson.

I didn't do it. That's not
what your girlfriend says.

My girlfriend?
Yeah, you know.

The one you were cheating
on with Mrs. Emerson.

Yeah, we just came
back from talking to her.

And guess what? She changed
her tune completely.

She says you never
ate a cannoli that night.

Bitch.

You have the right
to remain silent.

Anything you say can be used
against you in a court of law.

"Docket 45732,
People v. Kenneth Tremont.

"One count of murder
in the second degree."

Mr. Solomon? Not
guilty, YourHonoL

Ms. Southerlyn? The People
seek remand, Your Honor.

Mr. Solomon,
your views on bail?

Since this is not a murder
one charge, Your Honor,

we believe reasonable
bail is in order.

The defendant has a prior serious
criminal record, Your Honor.

Two felony convictions. As
stated, the People oppose bail.

Just entertain the
notion for a moment.

I think a million dollars
seems reasonable.

SOLOMON: Your Honor, Mr.
Tremont does not have access

to those sorts of funds.

He does by virtue of his relationship
with Mrs. Gregory Emerson.

District Attorney's assertions
are unfounded, Your Honor.

Nonetheless, bail is set at one million.
Cash or bond.

You might as well remand him.

If that's what you want.

We will take the
bail, Your Honor.

We know you didn't do
it alone, Mr. Tremont.

He didn't do it at all, Jack.
That's right, I didn't.

Let's talk about
Mrs. Emerson.

She posted bail
for you, I see.

SOLOMON: Speaking
of Mrs. Emerson,

she's the one who benefits from her
husband's death, not my client.

If she was involved, we're dying
to hear about it, Mr. Tremont.

You really think that she'll be waiting
for you when all of this is over?

I don't know who killed
Mr. Emerson. It wasn't me.

Think about making a deal, Mr. Tremont.
This is a heavy charge.

We can make it
a little lighter for you

if you don't insist on carrying
all the weight yourself.

Aaron.
Jack. Serena.

You think he'll
hold the line?

It takes two to keep
a secret like that.

Allow us, my man.

Detective.
Ma'am.

The District Attorney
would like to see you.

Am I under arrest?

You have information regarding
the murder ofyourhusband.

I don't have any information
regarding Greg's murder.

You did lie to us about giving
your boyfriend that hard drive.

Oh, I... (STAMMERS)
Kenny, it was his idea.

You can save all that for
the prosecutors. You mind?

You can call your
lawyer from the car.

What are you offering,
Mr. McCoy?

In exchange for her truthful testimony
against Mr. Tremont, hindering prosecution.

She does
one-to-three years.

Six months.

LWlflfinkaboutH. h1anfinhnum
securfiyfacflfiy.

That I'll agree to.
Bail?

A million dollars. She
surrenders her passport.

House arrest.
No house arrest.

That's not negotiable.

Kenny told me he did it.

You made the right
choice, Mrs. Emerson.

Did I?
Absolutely.

I hope so.

Kenny?

Uh. Marley.

How you doing?

Mr. McCoy, Ms. Southerlyn.
SERENA: We'll be in touch.

Mr. Tremont, Mr. Solomon. Thank you
for coming back on such short notice.

What is she doing here?

She just agreed to testify against
you before the Grand Jury.

Really? I don't
think she'd do that.

Haven't worked out all the
details yet, Mr. Tremont,

but she's looking at somewhere
between six months and three years

for hindering prosecution.

And you're looking at
20-to-life for murder two.

Doesn't seem equitable,
does it?

Now's your chance to tell
us if she was involved.

SOLOMON: Kenny?

I don't care what she says.
I didn't do it.

I don't know anything about
what happened that night.

He told me that he
wanted us to be together.

I had no idea he was
planning to kill Greg.

You had no part in the
planning of this crime?

No.

How did he get
into the house?

He had a key.

He must have used my access
code to shut off the alarm.

He said you met him
the day before the murder

and asked him to take the hard drive
from the security system and repair it.

That isn't true. He told me that he did
that Sunday night when he killed Greg.

JACK: But when the
police asked about that,

you confirmed
Mr. Tremont's story.

I lied for him.

If you had no part in it,
why didn't you come forward?

Why conspire with him
afterward to cover it up?

I was horrified
by what Kenny did,

and I never had any intention of
anything like this happening.

I wasn't even thinking
of divorcing Greg.

But I loved Kenny.

And what was
done was done.

Going to the police wasn't
going to bring Greg back.

You say you loved
Mr. Tremont?

(CRYING)

Yes. (slsl-ls)

Tell us truthfully, Mrs. Emerson.
You're under oath.

Did you love him enough to conspire
with him to kill your husband?

He did that
all on his own.

FONTANA: The defendant told us that Mrs.
Emerson had given him

the hard drive on Saturday,

the day before the murder,
for some repairs.

Did you investigate
his story?

We contacted the company that
monitors the alarm system,

and they confirmed that
the system was activated

and then deactivated
on Sunday night.

So the hard drive could not have been
removed on Saturday as he claimed?

That's correct.

Nothing further.

You investigated
every lead?

We looked into a number of possibilities
suggested by the evidence.

Such as?

Open robbery
and burglary cases.

We conducted extensive
background checks

on everyone that worked
in the Emerson town home.

And you settled on my client, largely
because of his affair with Mrs. Emerson?

That, and his intimate
knowledge of the alarm system,

and of course his extensive
criminal background.

SOLOMON: Your Honor?

Please strike the witness' last remark.
The jury will disregard.

When you, uh, spoke with Mrs.
Emerson about their affair,

did she acknowledge it?
Yes, she did.

Did she say anything else on the
subject of fidelity in her marriage?

She said that her husband was
having some affairs of his own.

Objection. Relevance.

Your Honor, if the police, in
their zeal to convict my client,

have overlooked a promising
avenue of investigation...

I'll allow it, subject to Mrs.
Emerson's corroboration.

But confine yourself to what
she told Detective Fontana.

She told you her husband had
affairs with other women?

No. With other men.

(LAUGHS) Well, did she say
anything about these affairs?

Yes, uh, she said that he,
uh, enjoyed the rough trade.

What? "Rough trade"?

Sex with strangers
of a physical nature.

SOLOMON: Physical?
You mean violent?

Well, that's your word,
Counselor, not mine.

Well, did you
look into this?

We did. And we didn't find any evidence
of Mrs. Emerson's allegations.

(LAUGHS)

In the course of your
investigation of the crime scene,

you determined that the sheets
on the bed were missing.

That's right.
The bed had been stripped.

And your deduction?

Well, there was a lot of blood.
An awful lot of blood.

We believe that the killer was
wearing an extra set of clothes

that he stripped off,
bundled up into the sheets

to get rid of evidence, as well as
carry away the money and the jewelry.

Or maybe it was another kind of DNA
he was interested in concealing.

Objection!
Semen, perhaps?

Sustained. Don't try
my patience, Mr. Solomon.

Your Honor.

Lieutenant? It's for you.
Line two.

Van Buren.

I'd say between 8:00
and 10:00 last night.

Autopsy's just
a formality.

The cherry red color? It's carbon
monoxide poisoning, no question.

SERENA: It was an accident?
Please.

That's what it's
supposed to look like.

Do they have
a new heating system?

Yeah, recently installed. By the
guy she was gonna testify against.

You'll let me know.

Me, too.

Yeah. We'll let you know.

Tough case to make without Mrs.
Emerson's direct testimony.

We have her Grand
Jury testimony.

Tremont's attorney is moving
to dismiss the charges.

We know this
wasn't an accident.

The M.E. says that this could be the
result of a new heating system.

Which Kenny Tremont installed.
He'd know how to sabotage it.

It just happened to be the
housekeeper's night off again.

Dangerous night at
the Emerson household.

Good luck with
your dismissal hearing.

SOLOMON: Mrs. Emerson's
unfortunate demise

renders it impossible for the
People to convict my client.

Unfortunately, your client
probably killed her.

Unless Ms. Southerlyn can back
that up with some evidence...

Mr. McCoy, can you continue
without the witness?

Difficult, Your Honor,
but not impossible,

and People v. Heflendbrand permits us
to use a witness' Grand Jury testimony.

When it can be demonstrated that
the witness' unavailability

was caused by the defendant.

How much clearer can it be?

Are you asking me to prove that
your client killed Mrs. Emerson

before I can prove that
he killed Mr. Emerson?

At the moment, Your Honor, there's not
even a ruling from the Medical Examiner

that Mrs. Emerson's
death was a homicide.

Is there any proof
that Mr. Tremont is involved

in any way with Mrs. Emerson's
demise, accident or otherwise?

We're investigating
Mr. Tremont right now.

In other words, no.

If you can give us
just a little more time.

No, Mr. McCoy. I can't hold ajury
indefinitely while you look for evidence.

I'm sorry, but absent that evidence,
the Grand Jury testimony is out.

I'm going to dismiss the
charges against the defendant

and I'm releasing
him from custody.

So, he can't be retried.

The courts.
Who can figure 'em out?

There was no way this particularjudge
was gonna hold ajury

while we finished
our investigation.

What'd you guys find
on Mrs. Emerson's death?

ED: Well, it's just
like we thought.

The leak was caused
by a loose connection.

Deliberate? Well, you could
never prove it definitively,

but these connections just don't come loose
by themselves after a couple of months.

And his fingerprints
are everywhere?

They're all over the place.

The arrogant son of a bitch didn't
even bother to put on gloves.

He might have slipped
up this time, though,

'cause CSU found a little drop
of blood on the exhaust flange

just above that
loose connection.

So, if he cut himself
and it's his DNA?

It's a start. How did
he get in again?

The alarm was off,
there was no forced entry.

We figure she must've
let him in. Again.

What about his alibi?

We were just gonna go
check that out. Excuse me.

I was with my girlfriend.

Again? Player.
Which one this time?

Uh, my new one. Tina. She's a
bartender in the East Village.

(LAUGHS) This guy is amazing. He has an
endless supply of alibi girlfriends.

I was hanging out with
her at the bar all night.

Hey, did anybody
else see you hanging?

Well, it was Sunday night, so
it wasn't really that busy.

Nobody I know. I mean,
there were strangers.

Friendly guy like you,
you ain't talked to nobody?

Just Tina. But,
hey, talk to her.

Yeah, yeah, we know.
She can vouch for you.

You need to wipe that
smirk off your face.

We ain't done
with you yet.

Excuse me.
(LAUGHS)

Yeah, Kenny was
in here all night.

Sat down at the
end of the bar.

All night, huh?

Tina? Do you have
any regular customers?

Yeah, sure.

Any of them here
on Sunday night?

Uh, let me think.

We need one of them
to corroborate your story.

What do you mean?

Well, what he means is, is that
we need someone besides yourself

to tell us that Kenny was sitting
down at that bar all night drinking.

Well, um, I don't think that I knew anybody
else that came in that night, so...

Okay. What's your manager's
name and number?

What for?

Well, maybe your manager can remember
who was here on Sunday night

and n anybody saw Kenny
at the end oi the bar.

All right. So I showed Kenny's
photo to a half a dozen patrons.

Anybody remember him?

No. But nobody can swear he wasn't
there, either. How about you?

The Medical Examiner's
office called.

The blood they found on the
flange was definitely Tremont's,

and it was less than a week
old when they collected it.

That's good. Good enough
for the Medical Examiner

to call it a homicide.

That puts him in the basement
after the trial started,

just before she was supposed
to testify against him.

Add that to a shaky alibi...
Let's call the D.A.

JACK: We can show that Mr.
Tremont had the opportunity

to sabotage the heater
in the Emerson mansion,

and that he murdered Mrs. Emerson to
keep her from testifying against him.

The People can't even prove that Mrs.
Emerson's death was a homicide,

much less that the
heater was tampered with

or that my client
did the tampering.

We have DNA evidence that
places him in the basement

at the time and on the site
of the loosened connection

that caused the fatal leak.

Mr. Tremont did extensive
work on the premises,

and it's our contention the bloodstain
dates well before Mrs. Emerson's death.

We think not.

Your Honor, the fact that Mrs. Emerson
testified against the defendant

and was going to appear as
a key witness against him

should be sufficient to allow her
Grand Jury testimony to come in.

The probative value of her
testimony is far outweighed

by the prejudice
to the client.

Judge, People v. Mofineaux. You can
allow us to paint a broad picture.

At least permit us
to establish motive.

If you plan on
convicting my client

before the trial...
JUDGE: Relax, Counselor.

I'll limit Mr. McCoy
to the broad strokes.

You can establish that Mrs. Emerson
was going to testify against Tremont

in a serious criminal
matter, but no details.

Nothing of
the crime itself.

If you allow Mr. McCoy to refer
to a serious criminal matter,

then everyone's going to
know what he's talking about.

Unless you've
been living in a cave.

And what would you
suggest, Mr. Solomon?

Change of venue.

The crime occurred in thisjurisdiction.
It ought to be tried here.

You can relax,
too, Mr. McCoy.

A more extensive
and thorough voir dire

should suffice to empanel
an objective jury.

The DNA found from the blood on the exhaust
flange matched the defendant's, Mr. Tremont.

Were you able to determine when
that blood was left at that site?

Uh, well, based on the size of the bloodstain
and the environment that it was in,

the high ambient temperature,
and plus the fact that

we were still able to extract
the DNA from the sample,

it couldn't have been
there for more than a week.

Dating bloodstains.

It's not a very accurate
or definitive science.

No, studies have shown that
bloodstains can be accurately dated.

Accurate within a week.
Yes.

Ah. Even though the blood sample
was left on a heating system,

and heat destroys DNA.

Yes.

And even that estimate could easily
place the sample on the flange

up to a week before
Mrs. Emerson's death.

Yes.

Nothing further.

The People rest,
Your Honor.

Mr. Solomon?

We'd like to move for dismissal
of all charges, Your Honor.

The People have failed to meet
the minimal threshold of proof.

Oh, I think they've done that, Mr.
Solomon. Motion denied.

Recess until 9:00 a.m.
tomorrow morning.

(BANGS GAVEL)

For a minute, I thought Solomon
was gonna win another dismissal.

Eventhough everyone
knows Tremont did it.

Knowing and proving,
always two different things.

Who's testifying for
the defense tomorrow?

His alibi witness.

One of his girlfriends.

Why would anyone take up with a man
accused of murdering his lover?

You're not a woman.
I get it.

He's charming, attractive,
he's an outlaw.

He's a classic
bad boy.

What?

I worked my regular shift,
from 6:00 till closing.

What time did
you leave?

Um, about 2:00.
I had to clean up.

Did you see the
defendant that evening?

Kenny came in about
7:00, around there.

And he sat right at the end
of the bar till closing.

SOLOMON: And then what?

We went home together.

And where was Mr. Tremont
the rest of the evening?

With me. The whole time.

You were with
Mr. Tremont all evening?

Yes.

The police were unable
to find anyone

who remembered seeing Mr.
Tremont with you that night.

They remember you,
but not him.

I don't know what to say. I mean, he was
right there with me the whole time.

JACK: How long have
you known Mr. Tremont?

Six months.
Six months?

Then you must have been aware of
his previous legal difficulties.

Your Honor? You know the
parameters, Mr. McCoy.

Yes, Your Honor. JUDGE:
Witness may answer.

When you met Mr. Tremont, he was
on trial for a serious offense.

Yeah. Yes,
I knew that.

And were you aware
that before her death,

Mrs. Emerson was scheduled
to testify against him?

Yes.

And were you also aware
of the exact nature

of the criminal matter
Mr. Tremont was on trial for?

Yes.

And that Mr. Tremont
and Mrs. Emerson

had been in
an intimate relationship?

I read the papers.
Watch the news.

Did Mr. Tremont
ever talk to you

about his relationship
with Mrs. Emerson?

Mr. Solomon... SOLOMON:
Objection, YourHonoL

Mr. McCoy's question is vast,
without limit or focus.

Relax, Mr. Solomon.

Mr. McCoy, please confine your
questions about their relationship

to the period prior to the
aforementioned legal proceedings.

Did Mr. Tremont tell you
how their relationship began?

Um. (CLEARS THROAT) He...

He said that they started seeing each
other after he started working for her.

And did he tell you
how he felt about her?

Said he liked her okay.

Did Mr. Tremont voice a different
opinion about Mrs. Emerson

when he learned that she was
going to testify against him?

Objection!
Move on, Mr. McCoy.

Did Mr. Tremont ever express anger
or resentment against Mrs. Emerson?

Your Honor?

Please answer the question.

(STAMMERS) Yeah, uh,
yes, I guess so. Yes.

JACK: What did he say?

He said that
she ruined his life.

Ruined his life?
Did he say how?

(STAMMERS) I didn't know
what he meant, I swear.

Can you tell us
what he said?

Um...

He said that, um...

That it was her idea
from the beginning

(CRYING) and he just
did what she wanted.

Objection!
Objection, Your Honor.

Counsel will see me
in chambers.

Your Honor, I move
for an immediate mistrial.

She's your witness,
Mr. Solomon.

I merely asked
a question.

Perfectly proper
cross-examination.

She just about accused my client
of conspiring with Mrs. Emerson.

Actually, Judge, that's
exactly what she did.

Your Honor,
this is too damaging.

Now, you told Mr. McCoy
to stay within parameters.

JACK: If Tremont
and Mrs. Emerson

were in on her husband's
death all along...

Your Honor, my client's not on trial
for the murder of Mr. Emerson.

True enough,
but if Mrs. Emerson

was a co-conspirator
in her husband's death,

the jury has a right
to know the details.

You opened the
floodgates, Mr. Solomon.

The Grand Jury minutes, her sworn
statements. It all comes in. Everything.

Your Honor,
you can't do this.

I would have designed my case
in an entirely different way.

This is grounds for appeal.

Appeal away, Mr. Solomon.

WOMAN: Question.

"What did Mr. Tremont tell you
about the murder of Mr. Emerson?"

Answer. "Kenny
told me he did it.

"I didn't ask him to.

"He said he wanted
us to be together.

"I had no idea he was
planning to kill Greg.

"He did that
all on his own."

The jury came back
fast. Nicely done.

We could still get
reversed on appeal.

Are you worried?

I'm sure Mr. Tremont has exhausted
his illicit resources by now.

He won't be able to afford a lawyer
like Solomon the next time around.

Quite a case.

Sex and money,
money and sex.

Where would we
be without them?

Out of business.