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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:00,944 --> 00:00:02,716 In the criminal justice system 2 00:00:02,786 --> 00:00:06,660 the people are represented by two separate yet equally important groups, 3 00:00:06,730 --> 00:00:08,522 the police who investigate crime 4 00:00:08,592 --> 00:00:11,365 and the district attorneys who prosecute the offenders. 5 00:00:11,435 --> 00:00:13,027 These are their stories. 6 00:00:16,280 --> 00:00:17,942 Honey? 7 00:00:27,732 --> 00:00:29,765 Oh, my God. Philip! 8 00:00:53,820 --> 00:00:56,523 Help me! Help! 9 00:00:57,264 --> 00:00:59,426 DOA's Philip Messick, 55. 10 00:00:59,506 --> 00:01:00,868 Guy put up a good fight. 11 00:01:00,938 --> 00:01:02,459 Who called it in? Upstairs neighbor. 12 00:01:02,539 --> 00:01:04,311 He heard the wife screaming. How is the wife? 13 00:01:04,381 --> 00:01:07,575 Stabbed multiple times. Circling the drain at Roosevelt ICU. 14 00:01:07,655 --> 00:01:08,976 They tossed the place pretty good. 15 00:01:09,016 --> 00:01:10,638 Hey, did the neighbor hear anything past the screaming? 16 00:01:10,658 --> 00:01:12,059 Yeah. A car screech away. 17 00:01:12,129 --> 00:01:13,721 Robbery gone bad. 18 00:01:15,533 --> 00:01:18,236 Our DOA kept some interesting company. 19 00:01:19,908 --> 00:01:22,350 The guy he's with in this picture is John Vitale, 20 00:01:22,410 --> 00:01:24,282 a made member of the Gambinos. 21 00:01:24,352 --> 00:01:27,816 So, we're looking for somebody stupid enough to rip off a mob associate? 22 00:01:27,896 --> 00:01:29,988 Or cover up a mob hit. 23 00:02:21,173 --> 00:02:23,605 She was in acute hemorrhagic shock when they wheeled her in. 24 00:02:23,675 --> 00:02:25,147 Thought for sure we'd be calling it. 25 00:02:25,207 --> 00:02:26,318 Did she say anything at all? 26 00:02:26,348 --> 00:02:28,681 Not to me, but my concern was getting her on the table. 27 00:02:28,751 --> 00:02:32,415 She was down a liter of blood with eight deep, penetrating wounds. 28 00:02:32,495 --> 00:02:33,926 But it was her lucky day. 29 00:02:33,996 --> 00:02:35,518 Deep cuts missed the majors. 30 00:02:35,598 --> 00:02:38,111 Well, whoever did this thought they were tying up all the loose ends. 31 00:02:38,141 --> 00:02:40,073 Well, they didn't. She's conscious. 32 00:02:40,143 --> 00:02:43,446 Stabilized faster than I thought she would. That's why I called. 33 00:02:43,516 --> 00:02:45,008 Thank you, Doctor, we appreciate it. 34 00:02:45,088 --> 00:02:47,180 Just take it easy. Room's getting crowded. 35 00:02:47,260 --> 00:02:48,402 Who's in there? One of yours. 36 00:02:48,422 --> 00:02:50,364 Got here 20 minutes ago. 37 00:02:53,507 --> 00:02:56,810 Hey, fellows. Bob Cerullo. Friend of the family. 38 00:02:56,881 --> 00:02:58,642 How you doing, man? You on the job? 39 00:02:58,713 --> 00:03:00,444 Retired out of the 74. 40 00:03:00,514 --> 00:03:03,177 Listen, if she's able, we'd like to ask her a few questions. 41 00:03:03,257 --> 00:03:04,619 So, if you can give us some time... 42 00:03:06,631 --> 00:03:08,153 Can he stay? 43 00:03:09,104 --> 00:03:10,595 Okay. That's fine. 44 00:03:12,948 --> 00:03:16,682 Mrs. Messick, do you know the men who did this to you? 45 00:03:17,322 --> 00:03:18,554 No. 46 00:03:18,984 --> 00:03:21,256 Did you get a good look at them? 47 00:03:22,257 --> 00:03:24,200 White, twenties. 48 00:03:24,500 --> 00:03:26,092 Did you get a good look at a face? 49 00:03:27,373 --> 00:03:29,575 One of them, pretty good. 50 00:03:29,916 --> 00:03:32,679 Would you recognize him if you saw him again? 51 00:03:34,390 --> 00:03:36,723 Do you think that your husband may have known the men? 52 00:03:37,263 --> 00:03:38,525 No. 53 00:03:39,266 --> 00:03:41,788 Phil was everybody's friend. 54 00:03:42,899 --> 00:03:45,242 They were married 15 years. 55 00:03:45,873 --> 00:03:48,645 You know, maybe she's not up to this, yet. 56 00:03:49,146 --> 00:03:52,720 We have just one more question, and we'll be on our way. 57 00:03:55,693 --> 00:03:58,326 Does the name John Vitale mean anything to you? 58 00:03:59,907 --> 00:04:01,839 They grew up together. 59 00:04:01,910 --> 00:04:03,902 You mean her husband and John Vitale? 60 00:04:03,982 --> 00:04:05,453 In Bensonhurst. 61 00:04:06,655 --> 00:04:08,917 Johnny wouldn't do this. 62 00:04:09,858 --> 00:04:12,130 Thank you, Mrs. Messick. We'll be in touch. 63 00:04:15,874 --> 00:04:17,736 You looking at wiseguys for this? 64 00:04:17,806 --> 00:04:19,338 No, we're just asking the question. 65 00:04:19,408 --> 00:04:21,210 Phil Messick wasn't hooked up. 66 00:04:21,280 --> 00:04:23,593 Well, why do you suppose he's hanging around with connected guys? 67 00:04:23,623 --> 00:04:26,456 Like I said, he grew up with guys who went in that direction. 68 00:04:26,526 --> 00:04:28,468 Other guys went straight. Like myself. 69 00:04:28,528 --> 00:04:29,829 You two go way back? 70 00:04:29,899 --> 00:04:32,892 Grade school. And if you went down his block, or mine, 71 00:04:32,972 --> 00:04:35,745 at one house, everybody went to the police academy. 72 00:04:35,815 --> 00:04:37,677 At the next, they're all criminals. 73 00:04:37,748 --> 00:04:38,849 My life story. 74 00:04:38,919 --> 00:04:40,080 What did Messick go into? 75 00:04:40,160 --> 00:04:41,922 Accounting. CPA. 76 00:04:42,523 --> 00:04:46,196 He was a square. A good guy. A decent guy. 77 00:04:47,338 --> 00:04:49,240 List of stolen goods from the insurance company. 78 00:04:49,310 --> 00:04:52,573 Household electronics, stereo, computer, flat-panel TV. 79 00:04:52,643 --> 00:04:54,415 Anything past theft for motive? 80 00:04:54,485 --> 00:04:56,978 We're looking into some of his friends and business associates. 81 00:04:57,058 --> 00:04:58,580 He knew some very interesting people. 82 00:04:58,660 --> 00:05:01,893 He was an accountant for Kenny Genovese and John Vitale. 83 00:05:01,963 --> 00:05:04,366 Gambino family, mid-level workers. 84 00:05:04,436 --> 00:05:06,308 You thinking a possible hit? 85 00:05:06,378 --> 00:05:08,470 With robbery as a cover-up. It's worth considering. 86 00:05:08,550 --> 00:05:11,133 Well, on the other hand, Messick grew up with these dudes in Bensonhurst, 87 00:05:11,153 --> 00:05:12,765 and he could have just been their accountant. 88 00:05:12,785 --> 00:05:14,416 Did he live like a gangster? 89 00:05:14,496 --> 00:05:16,429 He lived decent, not outrageous. 90 00:05:16,499 --> 00:05:17,940 I mean, he's been married for 15 years, 91 00:05:17,970 --> 00:05:20,163 and most mobsters don't leave witnesses behind. 92 00:05:20,243 --> 00:05:22,295 Yeah, a witness they thought they killed. 93 00:05:22,375 --> 00:05:24,077 Listen, go to Messick's funeral. 94 00:05:24,147 --> 00:05:28,311 See who his friends were. And take Ostrover from Organized Crime. 95 00:05:30,894 --> 00:05:32,626 Ray Antonelli. He's with the Gambinos. 96 00:05:32,696 --> 00:05:34,097 Used to handle some loansharking. 97 00:05:34,167 --> 00:05:36,300 But he's out of the game, to a large extent. 98 00:05:36,370 --> 00:05:38,432 Pauly Wilson. Does collections up in the Bronx, 99 00:05:38,512 --> 00:05:40,844 under the guise of running a dry-cleaners. 100 00:05:41,215 --> 00:05:42,907 Quite a send-off for an accountant. 101 00:05:43,217 --> 00:05:45,449 Messick and the Gambino crew seem to be pals. 102 00:05:45,860 --> 00:05:48,352 Did you ever hear of him burning anybody? Anything like that? 103 00:05:48,432 --> 00:05:51,235 We were surprised by the murder. There was no warning. 104 00:05:51,306 --> 00:05:54,169 The guy in the pinstripes, on the top of the stairs? 105 00:05:54,679 --> 00:05:56,611 He worked OC for two years. 106 00:05:56,681 --> 00:05:59,584 That's Bob Cerullo. He said he was a friend of the family. 107 00:05:59,925 --> 00:06:02,157 How friendly do you think he was with the Gambinos? 108 00:06:02,628 --> 00:06:04,560 He grew up with a lot of guys that got made. 109 00:06:04,630 --> 00:06:06,632 Gave him an inside edge when we were tracking dirt. 110 00:06:07,673 --> 00:06:10,296 Hey, do you have any Gambino associates on the arm? 111 00:06:10,376 --> 00:06:14,440 We're looking for an interaction between Messick and the Gambino family. 112 00:06:15,121 --> 00:06:16,582 Greg Muggio- 113 00:06:16,652 --> 00:06:18,625 He just got nailed for running a Ponzi scheme 114 00:06:18,695 --> 00:06:21,127 that cost 1,000 retirees their life savings. 115 00:06:21,197 --> 00:06:22,328 Where's he locked up? 116 00:06:22,399 --> 00:06:24,100 He's out on bail, awaiting trial. 117 00:06:24,170 --> 00:06:26,042 But he's inclined to be chatty. 118 00:06:26,102 --> 00:06:29,276 Anything to reduce the time he knows he's gonna do. 119 00:06:32,549 --> 00:06:34,321 I'm in the rag trade, legit. 120 00:06:34,391 --> 00:06:37,485 When Messick did my returns, the IRS audits stopped. 121 00:06:37,795 --> 00:06:38,856 Guy was a genius. 122 00:06:38,936 --> 00:06:41,128 A genius at what? Cleaning dirty money? 123 00:06:41,208 --> 00:06:43,110 Messick was on the up-and-up. 124 00:06:43,171 --> 00:06:45,233 That's why me and the guys went to him. 125 00:06:45,313 --> 00:06:48,286 And he didn't make any mistakes that would lead to him getting carved up? 126 00:06:48,356 --> 00:06:50,148 Messick didn't screw up. 127 00:06:50,228 --> 00:06:51,890 He didn't take anybody's money. 128 00:06:51,960 --> 00:06:54,953 He didn't bang the wrong girl. He didn't rat anybody out. 129 00:06:55,033 --> 00:06:56,595 His murder was a tragedy. 130 00:06:57,205 --> 00:06:58,727 Whoever did it, 131 00:06:58,807 --> 00:07:02,081 you cops better hope you get to them first. 132 00:07:04,083 --> 00:07:06,285 Hey, hey. Don't take off your coats. 133 00:07:06,355 --> 00:07:09,699 Messick's stolen property showed up at a pawn shop on Rivington, 134 00:07:09,759 --> 00:07:13,723 and they found a clean set of bloody prints that came back to a Darrell Dennehy. 135 00:07:13,803 --> 00:07:16,316 He's got a long sheet, but it's mostly burglaries and trespassing. 136 00:07:16,346 --> 00:07:17,507 There's nothing violent. 137 00:07:17,577 --> 00:07:18,668 He stepped up his game. 138 00:07:18,748 --> 00:07:19,950 Do you have an address? Bogus. 139 00:07:20,020 --> 00:07:21,651 But his PO's waiting to see you. 140 00:07:21,721 --> 00:07:22,883 All right. 141 00:07:25,565 --> 00:07:28,328 Dennehy's been regular to his report day the last two weeks. 142 00:07:28,398 --> 00:07:30,270 Failed his drug screen both times. 143 00:07:30,341 --> 00:07:32,713 No record of employment or proof of applying for same. 144 00:07:32,773 --> 00:07:34,545 Hey, when's his next visit? 145 00:07:35,346 --> 00:07:37,788 In four hours. My guess, he'll show. 146 00:07:37,859 --> 00:07:39,270 He knows he has to pass his drug test. 147 00:07:39,290 --> 00:07:41,452 Three failures means a bus back upstate. 148 00:07:44,566 --> 00:07:46,768 - Darrell Dennehy? Come here. - What? 149 00:07:46,838 --> 00:07:48,970 Come here! Whoa. What did I do? 150 00:07:49,040 --> 00:07:50,102 Legs! What did I do? 151 00:07:50,182 --> 00:07:51,813 We'll talk about it at the station. 152 00:07:51,883 --> 00:07:54,256 Guys, if is this about the drug test, I got another shot. 153 00:07:54,326 --> 00:07:56,759 You think we came here because you failed a piss test? 154 00:07:57,429 --> 00:08:01,464 Where were you Thursday night at 7:00? 155 00:08:01,534 --> 00:08:02,765 Ow. 156 00:08:03,806 --> 00:08:05,918 Did you hear him? Or was that question too tough for you? 157 00:08:05,948 --> 00:08:08,941 I don't remember where I was this morning, let alone Thursday. 158 00:08:09,022 --> 00:08:10,823 Were you on the Upper West Side? 159 00:08:11,324 --> 00:08:13,156 I can't remember that. 160 00:08:13,226 --> 00:08:15,699 Do you know a man named Philip Messick, or his wife Valerie? 161 00:08:16,099 --> 00:08:17,300 Can't say that I do. No. 162 00:08:17,370 --> 00:08:21,134 Interesting. So, how did your bloody fingerprint end up on their stereo receiver? 163 00:08:23,177 --> 00:08:26,680 In Messick's blood, no less. Now, how the hell would a thing like that happen? 164 00:08:28,192 --> 00:08:30,164 I picked that stereo up off the street. 165 00:08:31,736 --> 00:08:33,648 Hey, that's good answer. So, maybe you can explain to us 166 00:08:33,668 --> 00:08:37,372 how your shoeprint ended up all over their brownstone? Was that your evil twin? 167 00:08:38,513 --> 00:08:39,824 You don't have the sheet of a killer, 168 00:08:39,844 --> 00:08:41,846 and you don't have that killer look in your eye. 169 00:08:41,916 --> 00:08:44,789 And we know that there were two of you in that brownstone. 170 00:08:44,860 --> 00:08:46,351 And since we got to you first, 171 00:08:46,431 --> 00:08:48,523 we're gonna give you first crack at a deal. 172 00:08:48,604 --> 00:08:49,725 But don't tell us any lies, 173 00:08:49,805 --> 00:08:52,167 because that lady that you slashed eight times, survived. 174 00:08:53,979 --> 00:08:56,142 I didn't touch her. And I didn't touch the guy. 175 00:08:56,212 --> 00:08:59,245 I was just there to help carry the heavy stuff. It was just a robbery, 176 00:08:59,325 --> 00:09:01,848 TVs, stereos, and drive the van. 177 00:09:02,358 --> 00:09:03,830 Okay, so what happened? 178 00:09:04,671 --> 00:09:06,332 We started going through the house, 179 00:09:06,402 --> 00:09:08,805 and this guy comes out of the bathroom. 180 00:09:09,305 --> 00:09:12,979 And, uh, Jay, he goes nuts. He goes off on him. 181 00:09:13,250 --> 00:09:14,311 Jay? 182 00:09:14,621 --> 00:09:16,753 Fleckner. That's the guy who brought me in on this. 183 00:09:17,324 --> 00:09:20,127 But a robbery. It was just a robbery. 184 00:09:20,197 --> 00:09:21,398 How much cash? 185 00:09:21,568 --> 00:09:22,630 Five grand. 186 00:09:22,700 --> 00:09:26,374 And now, he's out there spending it without you. That's a damn shame. 187 00:09:27,044 --> 00:09:28,776 Where do we find Jay? 188 00:09:52,031 --> 00:09:54,053 Cheap piece of garbage. 189 00:09:54,533 --> 00:09:56,335 Blink, I'll put your brains on the bed. 190 00:09:56,405 --> 00:09:58,608 Put your hands up. Get up. 191 00:10:05,225 --> 00:10:06,987 Awful lot of blood in that water. 192 00:10:07,057 --> 00:10:08,528 I cut myself shaving. 193 00:10:08,598 --> 00:10:10,881 We're gonna give you plenty of time to work on that story. 194 00:10:10,901 --> 00:10:13,133 I got nothing to say. I want a lawyer. 195 00:10:13,674 --> 00:10:15,446 Get him the hell out of here. 196 00:10:25,897 --> 00:10:27,629 Take your time, Mrs. Messick. 197 00:10:32,213 --> 00:10:34,015 Do you recognize any of these men 198 00:10:34,085 --> 00:10:36,988 as the man who attacked you in your apartment that night? 199 00:10:39,091 --> 00:10:41,263 Do you need to sit down, ma'am? 200 00:10:45,838 --> 00:10:47,369 Number two. 201 00:10:48,180 --> 00:10:50,443 He's the man who cut me. 202 00:11:02,776 --> 00:11:06,740 Jay Fleckner was remanded. His lawyer says he's not interested in a deal. 203 00:11:06,820 --> 00:11:08,682 He forget Valerie Messick lD'd him? 204 00:11:09,253 --> 00:11:13,027 Or the sink full of Messick's bloody cash in his hotel room? 205 00:11:13,097 --> 00:11:15,870 The lawyer says Fleckner's very volatile, he doesn't care. 206 00:11:15,940 --> 00:11:17,271 He wants to take his chances. 207 00:11:17,642 --> 00:11:20,344 How are we doing with his accomplice, Darrell Dennehy? 208 00:11:20,415 --> 00:11:23,748 As far as testifying, he's questionable credibility-wise. 209 00:11:24,158 --> 00:11:26,561 Still, he was there, in the house, with Fleckner. 210 00:11:26,621 --> 00:11:28,143 And hopefully, he's been around the block enough 211 00:11:28,163 --> 00:11:29,825 to know when to deal. 212 00:11:29,895 --> 00:11:31,696 It's Lieutenant Van Buren. 213 00:11:33,168 --> 00:11:35,801 The bloody money in Fleckner's hotel room 214 00:11:35,881 --> 00:11:39,144 showed trace marks our lab techs couldn't identify, 215 00:11:39,214 --> 00:11:42,628 so they passed the bills over to Treasury for analysis. 216 00:11:42,688 --> 00:11:43,849 What did they find? 217 00:11:43,929 --> 00:11:46,562 Well, the bills had been serialized, watermarked, 218 00:11:46,632 --> 00:11:50,697 and floated by the Feds to track a money laundering stream. 219 00:11:51,047 --> 00:11:53,279 How did the cash wind up at Messick's apartment? 220 00:11:53,349 --> 00:11:56,443 The Feds said it was first used to buy ecstasy from a drug dealer 221 00:11:56,523 --> 00:11:59,426 who had ties to the Gambino organization. 222 00:11:59,496 --> 00:12:02,399 But, more than likely, it wound up with Messick for laundering. 223 00:12:02,870 --> 00:12:03,891 Can we prove that? 224 00:12:03,971 --> 00:12:05,532 Well, it's a good guess, right now. 225 00:12:05,602 --> 00:12:08,445 But either way, the money ties Jay Fleckner to the victims. 226 00:12:08,516 --> 00:12:11,278 The problem is, the Feds won't return it. 227 00:12:12,089 --> 00:12:13,851 That money plays into an investigation. 228 00:12:13,921 --> 00:12:14,982 What kind? 229 00:12:15,062 --> 00:12:16,724 One I'm not at liberty to discuss. 230 00:12:16,794 --> 00:12:18,997 Then, let's talk about our investigation. 231 00:12:19,067 --> 00:12:21,700 That money is key physical evidence 232 00:12:21,770 --> 00:12:24,002 tying Jay Fleckner to a heinous crime, 233 00:12:24,082 --> 00:12:25,544 and we need to produce it in court. 234 00:12:25,614 --> 00:12:27,946 I'm sure you've got more than our money to make your case. 235 00:12:28,016 --> 00:12:31,320 Your money? We recovered it during our investigation. 236 00:12:32,391 --> 00:12:34,924 There might be some movement on the case in the next year. 237 00:12:35,004 --> 00:12:36,335 We can talk, then. 238 00:12:36,405 --> 00:12:39,038 You could potentially be helping a man get away with murder. 239 00:12:39,108 --> 00:12:41,370 This cash has been filtering through drug rings, 240 00:12:41,450 --> 00:12:44,384 sex-slave operations, and laundering outfits. 241 00:12:44,454 --> 00:12:47,217 Shutting those down could prevent 20 murders. 242 00:12:47,827 --> 00:12:49,559 I won't jeopardize that. 243 00:12:54,204 --> 00:12:56,406 The prosecution found the bills on your client. 244 00:12:56,777 --> 00:12:59,680 The prosecution alleges that the bills were found on my client, 245 00:12:59,750 --> 00:13:02,413 and that blood traces on them belong to the victim. 246 00:13:02,493 --> 00:13:04,155 I've read the memo, Mr. Wellman. 247 00:13:04,225 --> 00:13:05,956 It doesn't sound like trace blood. 248 00:13:06,027 --> 00:13:08,930 The money was described as "in a bloody bath" when it was found. 249 00:13:09,000 --> 00:13:12,103 Our experts need the opportunity to challenge the findings. 250 00:13:12,173 --> 00:13:14,516 Mr. McCoy, where is the actual evidence itself? 251 00:13:14,586 --> 00:13:17,178 It's in Federal hands. We've written letters to the US Attorney 252 00:13:17,248 --> 00:13:19,551 and the Chief Judge to mandate its return. 253 00:13:20,021 --> 00:13:24,296 Any time frame as to when that might happen? Ayear? Ten? 254 00:13:24,706 --> 00:13:26,829 We haven't had any response yet, Your Honor. 255 00:13:27,239 --> 00:13:29,652 When they're good and ready. That's the response you can expect. 256 00:13:29,682 --> 00:13:32,044 Which doesn't serve the defendant's right to a speedy trial. 257 00:13:32,715 --> 00:13:34,657 Unless you can provide access to 258 00:13:34,727 --> 00:13:37,850 at least one bill in a timely fashion, the money's out. 259 00:13:40,363 --> 00:13:43,636 With your confession and the physical evidence tying you to the crime scene, 260 00:13:43,706 --> 00:13:46,810 if this goes to trial, you could expect 25 years. 261 00:13:46,880 --> 00:13:50,724 Or, you testify against Jay Fleckner, and we're prepared to offer 20. 262 00:13:54,698 --> 00:13:56,670 What's not computing, Mr. Dennehy? 263 00:13:58,442 --> 00:14:00,935 I don't think I'm interested in testifying against Jay. 264 00:14:01,015 --> 00:14:02,276 Why? 265 00:14:02,847 --> 00:14:04,779 L think I've said enough already. 266 00:14:04,849 --> 00:14:07,181 It's one thing to say it to the cops, but on the stand, 267 00:14:07,251 --> 00:14:08,693 him looking at me... 268 00:14:09,594 --> 00:14:12,467 What is this, some sort of ham-fisted attempt at negotiation? 269 00:14:14,199 --> 00:14:16,471 I don't want any more to do with putting him away. 270 00:14:17,242 --> 00:14:19,474 Fifteen years. That's the basement offer. 271 00:14:20,546 --> 00:14:23,579 Nobody told me Messick was hooked up with the mob. 272 00:14:24,219 --> 00:14:26,492 That's got nothing to do with your testimony. 273 00:14:26,562 --> 00:14:28,654 I'd be testifying, front and center, 274 00:14:28,734 --> 00:14:31,167 in a courtroom filled with Gambino button men. 275 00:14:31,237 --> 00:14:33,229 We'll shield your identity when you testify. 276 00:14:33,309 --> 00:14:35,612 Yeah? What happens when it hits the papers? 277 00:14:35,682 --> 00:14:37,153 You can't stop that. 278 00:14:37,984 --> 00:14:41,117 We're talking about ten years of your life, Mr. Dennehy. 279 00:14:42,058 --> 00:14:45,932 I spent two-thirds of my life locked up. I can do the time. 280 00:14:46,373 --> 00:14:48,605 But I sure ain't interested in dying. 281 00:14:49,376 --> 00:14:50,868 CO! 282 00:14:53,881 --> 00:14:54,982 Unbelievable. 283 00:14:55,052 --> 00:14:57,805 Valerie Messick came within a sliver of losing her life at Fleckner's hands. 284 00:14:57,825 --> 00:14:59,227 She'll have the jury's sympathy. 285 00:14:59,297 --> 00:15:01,559 If she holds up physically. What's her condition? 286 00:15:01,639 --> 00:15:04,702 On the mend, but she's got some awful scars on her face and neck. 287 00:15:05,273 --> 00:15:06,875 Still, a one-witness ID. 288 00:15:06,945 --> 00:15:09,608 A witness who is the victim, and a grieving widow. 289 00:15:11,159 --> 00:15:14,222 Let's make sure her scars are visible to the jury. 290 00:15:14,293 --> 00:15:16,625 If she's all we've got, let's make it count. 291 00:15:21,210 --> 00:15:24,083 My husband, Phil, was lying on the floor. 292 00:15:24,684 --> 00:15:26,656 He was covered in blood. 293 00:15:27,286 --> 00:15:28,588 Was he alive? 294 00:15:29,058 --> 00:15:30,420 Barely. 295 00:15:31,461 --> 00:15:33,693 I went to his side. 296 00:15:34,504 --> 00:15:38,098 He pointed past me, and then he died. 297 00:15:39,549 --> 00:15:41,211 What was he pointing at? 298 00:15:41,281 --> 00:15:42,983 Two men down the hallway. 299 00:15:44,855 --> 00:15:49,160 I tried to yell for help, but that man saw me and attacked me. 300 00:15:49,770 --> 00:15:51,362 Can you tell me who you're pointing to? 301 00:15:52,143 --> 00:15:54,305 The defendant, Jay Fleckner. 302 00:15:55,476 --> 00:15:57,679 Can you describe how he attacked you? 303 00:15:58,920 --> 00:16:03,194 He pounced on me. He pinned me down. 304 00:16:04,766 --> 00:16:08,400 He had a knife in his hand, and he began slashing at me. 305 00:16:11,443 --> 00:16:15,978 I don't remember much else. I blacked out, and woke up in the hospital. 306 00:16:17,419 --> 00:16:19,221 No further questions. 307 00:16:24,167 --> 00:16:25,939 Mrs. Messick, 308 00:16:26,009 --> 00:16:28,381 that's a horrible ordeal you've just described. 309 00:16:29,452 --> 00:16:33,016 But I'm afraid I'm gonna have to take you back to it just a little while longer. 310 00:16:35,399 --> 00:16:37,691 How would you describe your emotional state 311 00:16:37,761 --> 00:16:39,823 when you first entered your house that night? 312 00:16:39,903 --> 00:16:41,966 When you saw your front door ajar? 313 00:16:42,046 --> 00:16:43,807 You were nervous, weren't you? 314 00:16:43,878 --> 00:16:45,609 Yes. I was a little nervous. 315 00:16:46,380 --> 00:16:49,223 It wasn't like your husband to leave the door open like that? 316 00:16:50,154 --> 00:16:52,497 No. Phil never left the door open. 317 00:16:54,739 --> 00:16:58,043 When you came in, you saw your husband covered in blood. 318 00:16:58,113 --> 00:17:01,606 What would you say your emotional state was, then? Terrified? 319 00:17:02,247 --> 00:17:03,308 Yes. 320 00:17:03,689 --> 00:17:04,880 Panicked? 321 00:17:05,190 --> 00:17:06,281 Yes. 322 00:17:06,361 --> 00:17:09,795 You came in, you saw your husband in a pool of blood. 323 00:17:13,409 --> 00:17:16,002 Were you crying at that time, the way you are now? 324 00:17:17,213 --> 00:17:18,584 Yes. I was. 325 00:17:19,485 --> 00:17:22,248 Crying, in a state of grief and panic. 326 00:17:22,328 --> 00:17:23,730 Tears filling your eyes. 327 00:17:23,790 --> 00:17:25,201 And yet, you were able to get a good look 328 00:17:25,231 --> 00:17:27,254 at the man who wielded the knife against you? 329 00:17:30,777 --> 00:17:34,011 A good enough look that you can say, with absolute certainty, 330 00:17:34,351 --> 00:17:37,224 that your assailant was the man you identified? 331 00:17:39,757 --> 00:17:41,358 Yes. L think so. 332 00:17:41,629 --> 00:17:45,072 You think so, or you know so? There is a significant difference. 333 00:17:51,689 --> 00:17:56,324 I'm as certain as I could have been under the circumstances. 334 00:17:57,125 --> 00:18:00,539 With your vision hampered by your tears, you mean? 335 00:18:00,599 --> 00:18:04,013 With your husband of 15 years lying brutally murdered by your side? 336 00:18:04,073 --> 00:18:05,744 Is that what you mean? 337 00:18:07,646 --> 00:18:12,522 Mrs. Messick, please. I'll ask you again. 338 00:18:13,362 --> 00:18:14,994 Are you 100% positive 339 00:18:15,064 --> 00:18:18,508 that the suspect you identified is the man who attacked you? 340 00:18:20,180 --> 00:18:21,611 I'm... 341 00:18:22,852 --> 00:18:24,114 Not 100%. 342 00:18:24,184 --> 00:18:25,555 Yes or no, please. 343 00:18:31,702 --> 00:18:32,793 No. 344 00:18:45,997 --> 00:18:48,129 It all just came rushing back. 345 00:18:48,340 --> 00:18:50,932 Phil is on the ground, all the blood on him. 346 00:18:51,643 --> 00:18:54,576 I was as confused up there as I was that night. 347 00:18:54,646 --> 00:18:57,179 But the ID? Were you certain it was Fleckner 348 00:18:57,249 --> 00:18:59,221 when you saw him in the police station? 349 00:18:59,291 --> 00:19:02,454 My husband was dying on the floor in front of me, 350 00:19:02,535 --> 00:19:04,727 covered in all that blood. 351 00:19:05,968 --> 00:19:08,461 And then that man was on top of me. 352 00:19:09,582 --> 00:19:12,105 I only got a look at his face for a second. 353 00:19:14,788 --> 00:19:16,379 Did I ruin the case? 354 00:19:17,490 --> 00:19:19,332 You were strong on direct, 355 00:19:21,304 --> 00:19:24,538 but your ID was the only thing that put Fleckner at the scene. 356 00:19:25,179 --> 00:19:26,670 Without that... 357 00:19:33,057 --> 00:19:35,530 In the matter of the People v. Jay Fleckner, 358 00:19:35,600 --> 00:19:38,863 on the count of Murder in the Second Degree, how do you find? 359 00:19:39,203 --> 00:19:42,647 We find the defendant not guilty. 360 00:20:03,319 --> 00:20:05,451 DOA's got one to the chest. 361 00:20:11,408 --> 00:20:12,769 Jay Fleckner. 362 00:20:13,710 --> 00:20:16,113 Well, what do you know? There is justice in the world. 363 00:20:16,183 --> 00:20:18,415 The guy who called it in is the one who shot him. 364 00:20:18,956 --> 00:20:20,187 Where is the shooter? 365 00:20:34,282 --> 00:20:36,084 My client went to meet Jay Fleckner 366 00:20:36,154 --> 00:20:38,787 with absolutely no intention of doing him any harm. 367 00:20:38,867 --> 00:20:40,829 Then why don't you tell us why he did go meet him? 368 00:20:40,899 --> 00:20:44,062 To discuss intimidation directed toward Valerie Messick 369 00:20:44,142 --> 00:20:45,664 that had gone on during the trial, 370 00:20:45,744 --> 00:20:47,266 and to make sure it wouldn't continue. 371 00:20:47,746 --> 00:20:49,278 What kind of intimidation? 372 00:20:49,488 --> 00:20:53,222 You know what, Ernie? Let me do this, okay? 373 00:20:54,323 --> 00:20:56,996 You ever work a case where you damn well knew you had the perp, 374 00:20:57,066 --> 00:20:58,898 but it just wouldn't make? Did you? 375 00:20:59,939 --> 00:21:01,931 Of course. What did you do about it? 376 00:21:02,342 --> 00:21:05,004 We're not talking about us here, Bob. We're talking about you. 377 00:21:05,415 --> 00:21:08,618 Did you go visit the guy and tell him to watch his ass, 378 00:21:08,688 --> 00:21:10,961 'cause if he so much as sniffed in the wrong direction, 379 00:21:11,061 --> 00:21:12,723 you'd be there to lock him up? 380 00:21:13,403 --> 00:21:15,926 So, he just agreed to meet up with you? No problem? 381 00:21:16,006 --> 00:21:20,411 I told Fleckner that this had to be put to bed face-to-face, 382 00:21:20,481 --> 00:21:24,385 and that the only problem he'd have with me is if he didn't show. 383 00:21:25,526 --> 00:21:26,858 So, what went wrong? 384 00:21:26,928 --> 00:21:29,160 Fleckner, he started to freak out. 385 00:21:29,430 --> 00:21:33,344 He started saying, "This is a setup. This is an ambush," 386 00:21:33,405 --> 00:21:35,747 like he was high, 387 00:21:36,077 --> 00:21:38,520 or maybe just crazy. I don't know. 388 00:21:38,750 --> 00:21:40,122 And who pulled their gun first? 389 00:21:40,192 --> 00:21:41,653 He did. 390 00:21:41,723 --> 00:21:45,958 He put his gun up in my face, which I talked him into lowering down. 391 00:21:46,669 --> 00:21:50,373 When he did, I punched him as hard as I could and I made to run. 392 00:21:50,443 --> 00:21:53,075 But he chased me, and I fell down the stairs. 393 00:21:53,416 --> 00:21:56,049 And when I was on the ground, I freed my ankle piece 394 00:21:56,119 --> 00:21:58,061 and I told him to back the hell off, 395 00:21:58,121 --> 00:21:59,823 but he raised up to shoot. 396 00:22:00,734 --> 00:22:02,135 So, I fired. 397 00:22:04,137 --> 00:22:06,400 Did Valerie know about you meeting up with Fleckner? 398 00:22:07,110 --> 00:22:08,111 No. 399 00:22:12,987 --> 00:22:15,089 You realize we're gonna have to look into this. 400 00:22:15,399 --> 00:22:16,450 Yeah. 401 00:22:17,001 --> 00:22:18,192 I know. 402 00:22:18,833 --> 00:22:21,496 And you're gonna find it's a good shoot. 403 00:22:28,283 --> 00:22:31,196 I had no idea Bob planned to go meet Fleckner. 404 00:22:32,597 --> 00:22:35,761 And if I had, it's not something I would have encouraged. 405 00:22:36,542 --> 00:22:37,833 Where did he get the idea from? 406 00:22:37,903 --> 00:22:39,535 From being a cop, I guess. 407 00:22:39,745 --> 00:22:41,577 And my friend. And Phil's friend. 408 00:22:41,647 --> 00:22:44,620 Was there any reason for you to believe that Fleckner was a threat? 409 00:22:44,690 --> 00:22:46,312 He'd stare at me during the trial. 410 00:22:46,392 --> 00:22:47,954 And he mouthed something once. 411 00:22:49,035 --> 00:22:50,727 What about after the trial? 412 00:22:51,337 --> 00:22:52,749 He passed me in the hall and chuckled. 413 00:22:52,769 --> 00:22:54,741 Whispered that he'd see me again. 414 00:22:56,513 --> 00:22:59,956 Did you tell Bob Cerullo what Fleckner was doing? 415 00:23:00,387 --> 00:23:02,019 Bob sat with me half the weekend 416 00:23:02,089 --> 00:23:03,580 because I couldn't stop crying. 417 00:23:03,690 --> 00:23:06,563 And he didn't say anything about contacting Fleckner? 418 00:23:07,564 --> 00:23:08,796 Nothing. 419 00:23:10,337 --> 00:23:14,642 So, Bob Cerullo killed Fleckner out of noble revenge or self-defense? 420 00:23:14,782 --> 00:23:17,054 Arranging a meet with the man who just got off 421 00:23:17,125 --> 00:23:18,816 for murdering your friend? 422 00:23:18,896 --> 00:23:20,658 What did Cerullo expect would happen? 423 00:23:20,899 --> 00:23:24,332 What? Cops don't warn perps off the radar all the time? 424 00:23:24,633 --> 00:23:27,195 That's harassment, not a bullet to the chest. 425 00:23:27,275 --> 00:23:30,439 I was trying to piece together Fleckner's timeline after the verdict, 426 00:23:30,619 --> 00:23:34,022 so I checked his visitors log at Rikers for a friend or relative. 427 00:23:34,093 --> 00:23:36,855 Bob Cerullo visited Fleckner during the trial. 428 00:23:38,297 --> 00:23:40,359 Why would he visit Fleckner in jail? 429 00:23:40,469 --> 00:23:43,773 Maybe he was warning him to stop eye-balling Valerie Messick? 430 00:23:44,043 --> 00:23:45,915 Or threatening his life. 431 00:23:46,386 --> 00:23:48,147 And we have proof of neither. 432 00:23:48,218 --> 00:23:49,819 Except that Jay Fleckner had a gun on him 433 00:23:49,889 --> 00:23:51,691 two days after being exonerated for murder. 434 00:23:51,761 --> 00:23:52,822 Why? 435 00:23:52,892 --> 00:23:55,365 Because he was a psychopath and a career criminal. 436 00:23:55,535 --> 00:23:58,058 Or he thought that a dirty cop was gunning for him. 437 00:23:58,268 --> 00:23:59,800 A decorated cop, Jack. 438 00:24:00,080 --> 00:24:01,982 Whose best friend was a mob associate. 439 00:24:02,042 --> 00:24:03,814 That dirties him in my mind. 440 00:24:04,585 --> 00:24:06,537 Well, if you're gonna have the police do some digging, 441 00:24:06,557 --> 00:24:09,220 you better tell them not to stop until they hit gold. 442 00:24:09,530 --> 00:24:12,123 'Cause that's what it's gonna take to get an indictment. 443 00:24:13,404 --> 00:24:16,377 We looked into any possible motive other than self-defense 444 00:24:16,447 --> 00:24:17,939 for Cerullo shooting Fleckner, 445 00:24:18,510 --> 00:24:19,741 and we got nothing. 446 00:24:19,981 --> 00:24:21,132 Any phone calls between them, 447 00:24:21,152 --> 00:24:22,834 besides the one before Fleckner was killed? 448 00:24:22,894 --> 00:24:23,915 No. Just that one. 449 00:24:24,126 --> 00:24:26,758 We dug into the gun that Fleckner had on him when he was shot, 450 00:24:26,869 --> 00:24:28,560 but it only makes Fleckner dirtier. 451 00:24:28,771 --> 00:24:32,364 Ballistics pulled a matching slug from an apartment wall 452 00:24:33,045 --> 00:24:35,748 of an unsolved home invasion five years ago. 453 00:24:35,818 --> 00:24:37,009 Was Fleckner a suspect? 454 00:24:37,189 --> 00:24:40,823 The victim gave a description of a perpetrator that he fits generally. 455 00:24:41,394 --> 00:24:42,395 Who worked the case? 456 00:24:42,495 --> 00:24:44,627 Detective Dumar. We looked for him, and he's dead. 457 00:24:44,998 --> 00:24:46,870 Any connection between Dumar and Cerullo? 458 00:24:46,970 --> 00:24:50,173 They never worked together. Dumar was in the Bronx, Cerullo worked in Queens. 459 00:24:51,415 --> 00:24:53,747 Show the home invasion victim a photo array. 460 00:24:54,218 --> 00:24:55,689 Make sure Jay Fleckner is in it. 461 00:24:57,631 --> 00:24:59,493 I don't recognize any of these men. 462 00:24:59,803 --> 00:25:01,766 Did you get a good look at the man who robbed you? 463 00:25:01,906 --> 00:25:03,497 Generally. 464 00:25:03,778 --> 00:25:06,010 I was experimentally medicated. 465 00:25:07,011 --> 00:25:08,312 Excuse me? 466 00:25:08,713 --> 00:25:11,846 I was smoking marijuana to alleviate my glaucoma. 467 00:25:12,527 --> 00:25:14,049 Would you like some tea? 468 00:25:14,129 --> 00:25:15,600 No, thank you. 469 00:25:16,171 --> 00:25:18,163 That's the wall where the bullet went. 470 00:25:18,233 --> 00:25:19,965 Now, was he shooting at you? 471 00:25:20,045 --> 00:25:22,477 I think he just got scared, and the gun went off. 472 00:25:22,548 --> 00:25:24,209 Thank God I was tied up. 473 00:25:24,850 --> 00:25:26,722 Tell me, why the questions and the photos? 474 00:25:27,423 --> 00:25:30,366 We're just following on a few leads we have on a suspect. 475 00:25:30,526 --> 00:25:31,797 But the man was caught. 476 00:25:31,867 --> 00:25:33,299 No, ma'am. The case is still active. 477 00:25:34,240 --> 00:25:36,472 Well, that's not what Detective Dumar told me. 478 00:25:37,273 --> 00:25:38,765 He said the man confessed. 479 00:25:39,716 --> 00:25:41,378 Someone confessed? 480 00:25:42,118 --> 00:25:43,650 Did he mention a name? 481 00:25:43,760 --> 00:25:45,282 I don't recall. 482 00:25:45,692 --> 00:25:48,685 But he said the man confessed and was going to jail. 483 00:25:50,307 --> 00:25:53,000 Ms. Best, did you ever recover your stolen property? 484 00:25:53,280 --> 00:25:55,573 Detective Dumar said that the money had been spent, 485 00:25:55,643 --> 00:25:58,145 and my ring was sold to someone who had left the country. 486 00:25:59,687 --> 00:26:01,179 How much money did you lose? 487 00:26:01,329 --> 00:26:03,020 $17,000 in cash. 488 00:26:03,461 --> 00:26:05,954 And the ring was worth at least 15. 489 00:26:07,275 --> 00:26:10,538 You should really talk to Detective Dumar about this. 490 00:26:13,922 --> 00:26:16,515 Wayne Dumar. Not my most eager detective. 491 00:26:16,855 --> 00:26:18,016 Died "cleaning his gun." 492 00:26:18,427 --> 00:26:19,558 Suicide. 493 00:26:19,628 --> 00:26:21,000 Unofficially, but yeah. 494 00:26:21,070 --> 00:26:24,093 He was an old-school drunk. Wasn't a surprise. 495 00:26:24,503 --> 00:26:26,706 Well, would it surprise you to hear that he ripped off 496 00:26:26,816 --> 00:26:29,148 a robbery suspect of 30 Gs? 497 00:26:30,289 --> 00:26:32,912 A few guys here were filling their pockets when I transferred in. 498 00:26:33,092 --> 00:26:34,254 All of them are gone now. 499 00:26:34,624 --> 00:26:37,727 Do you know if he had any dealings with this guy? 500 00:26:38,198 --> 00:26:39,829 Name is Jay Fleckner. 501 00:26:41,571 --> 00:26:42,943 Never seen the face. 502 00:26:43,043 --> 00:26:44,985 Could he have been an informant of Dumar's? 503 00:26:45,145 --> 00:26:48,449 Dumar didn't care enough about the job to recruit informants. 504 00:26:48,519 --> 00:26:49,790 He was a bum. 505 00:26:49,930 --> 00:26:51,262 Let me ask you this. 506 00:26:51,562 --> 00:26:53,824 Do you know if he had any connections to a detective 507 00:26:53,904 --> 00:26:56,027 out of the 74 named Cerullo? 508 00:26:58,039 --> 00:27:00,031 Cerullo and Dumar were associated. 509 00:27:01,312 --> 00:27:04,185 Cerullo is who found Dumar with his brains blown out. 510 00:27:06,157 --> 00:27:08,430 Is it possible Cerullo killed Dumar? 511 00:27:08,760 --> 00:27:10,492 The police and M.E. reports are spotty. 512 00:27:10,702 --> 00:27:13,335 Everyone involved thought they were covering up a cop suicide. 513 00:27:13,705 --> 00:27:15,647 How dirty was Dumar as a cop? 514 00:27:15,708 --> 00:27:19,842 Four IAB investigations, all centered around shaking down robbery suspects. 515 00:27:20,252 --> 00:27:23,556 So, Detective Dumar steals money and a gun 516 00:27:23,666 --> 00:27:25,458 from a robbery suspect, which then turns up 517 00:27:25,528 --> 00:27:27,060 in the cold, dead hand of Jay Fleckner. 518 00:27:27,200 --> 00:27:29,903 Except there's no connection between Wayne Dumar and Jay Fleckner. 519 00:27:30,113 --> 00:27:32,205 There's only a connection between Dumar and Cerullo. 520 00:27:32,615 --> 00:27:34,477 So, Cerullo killed Jay Fleckner, 521 00:27:34,548 --> 00:27:36,920 then planted the gun on him to call it a self-defense. 522 00:27:37,320 --> 00:27:39,293 Let's see what he has to say for himself. 523 00:27:39,833 --> 00:27:41,855 It was self-defense. 524 00:27:42,096 --> 00:27:44,969 Do you plan to try selling that to the Grand Jury, Mr. Cerullo? 525 00:27:45,209 --> 00:27:47,201 You're opening a Grand Jury on me? 526 00:27:47,281 --> 00:27:48,512 They won't indict, Bob. 527 00:27:48,642 --> 00:27:50,544 They'll indict anybody, Ernie. 528 00:27:51,055 --> 00:27:53,818 This is what I get for 25 years' service on the force? 529 00:27:53,928 --> 00:27:55,860 That doesn't buy anybody a murder. 530 00:27:55,930 --> 00:27:58,763 I have commendations, a medal of valor. 531 00:27:58,933 --> 00:28:01,836 Cop to the homicide, and I'll get you man one, 20 years. 532 00:28:01,977 --> 00:28:03,308 Don't dignify that. 533 00:28:03,448 --> 00:28:06,011 You know how many cases I've worked in my career? 534 00:28:06,782 --> 00:28:08,654 How many homicides I've cleared? 535 00:28:08,724 --> 00:28:10,416 How many multiple homicides? 536 00:28:10,496 --> 00:28:11,727 We've been over your record. 537 00:28:11,797 --> 00:28:13,279 You're gonna have to go over it again. 538 00:28:13,399 --> 00:28:16,492 Because if I'm indicted, you may have to revisit every one of them. 539 00:28:17,673 --> 00:28:19,435 What does that mean? 540 00:28:19,946 --> 00:28:21,878 If I'm on the stand, Mr. McCoy, 541 00:28:22,548 --> 00:28:25,381 my conscience may just start to eat at me. 542 00:28:26,162 --> 00:28:29,356 I may just feel the need to purge myself of evidence 543 00:28:29,466 --> 00:28:31,838 I may have planted in those cases, 544 00:28:31,938 --> 00:28:34,071 and suspects I may have flaked. 545 00:28:35,242 --> 00:28:37,404 You'd lie about tainting cases? 546 00:28:37,845 --> 00:28:39,947 I'll come clean, as it were. 547 00:28:41,218 --> 00:28:44,281 And you expect me to drop this case because of that threat? 548 00:28:45,192 --> 00:28:48,726 Forty-some cases could go down the toilet. 549 00:28:49,577 --> 00:28:52,100 Forty stone-cold killers back on the street 550 00:28:52,180 --> 00:28:54,372 because you want to lock me up 551 00:28:54,452 --> 00:28:57,646 for taking care of a rat bastard like Jay Fleckner. 552 00:29:01,129 --> 00:29:04,163 We're moving forward, Mr. Cerullo. Be prepared. 553 00:29:09,248 --> 00:29:12,081 Justice at any cost. That it, McCoy? 554 00:29:13,593 --> 00:29:14,984 Go after me. 555 00:29:15,254 --> 00:29:17,387 It's gonna cost you plenty. 556 00:29:24,714 --> 00:29:26,646 So, how many cases are we talking about? 557 00:29:26,716 --> 00:29:29,049 Cerullo has 41 homicide collars. 558 00:29:29,119 --> 00:29:32,182 And he got a lot of confessions, which he can claim he coerced. 559 00:29:32,523 --> 00:29:35,496 Well, is there any indication that there was coercion, 560 00:29:35,566 --> 00:29:37,558 or proof that he really did taint cases? 561 00:29:37,738 --> 00:29:39,830 His record on the job is spotless. 562 00:29:40,041 --> 00:29:43,845 And how does a detective phony evidence on 41 homicide suspects, 563 00:29:43,915 --> 00:29:45,787 and not draw attention even once? 564 00:29:45,857 --> 00:29:49,060 It's not possible. Cerullo is lying to back us into a corner. 565 00:29:49,190 --> 00:29:52,033 And it's gonna cause every defense lawyer that he ever faced 566 00:29:52,103 --> 00:29:53,385 to file a motion for a new trial. 567 00:29:53,435 --> 00:29:55,927 We'll waste hundreds of hours re-prosecuting. 568 00:29:56,008 --> 00:29:59,381 Which is unfortunate, but unless he did a murder, 569 00:29:59,882 --> 00:30:01,583 why throw up the smokescreen? 570 00:30:01,954 --> 00:30:05,187 He planted the gun on Fleckner to claim self-defense. 571 00:30:06,158 --> 00:30:08,130 Do you have enough for a conviction? 572 00:30:09,001 --> 00:30:10,593 We'll need more. 573 00:30:11,644 --> 00:30:14,807 Bob has been with me every second of this nightmare. 574 00:30:15,048 --> 00:30:17,851 I don't understand why you think I'd speak ill of him. 575 00:30:18,091 --> 00:30:20,253 What if you thought he'd committed a murder? 576 00:30:20,594 --> 00:30:22,085 This gun you're talking about... 577 00:30:22,165 --> 00:30:25,028 Sounds like Fleckner could have gotten it any number of ways. 578 00:30:25,198 --> 00:30:28,102 The only way was from Bob Cerullo, who planted it. 579 00:30:28,612 --> 00:30:31,846 If you make a statement, he may be more inclined to make a deal. 580 00:30:32,286 --> 00:30:34,478 That could save him ten years in jail. 581 00:30:34,789 --> 00:30:37,121 Whatever you feel about his intentions, Mrs. Messick, 582 00:30:37,191 --> 00:30:40,795 Bob Cerullo had no right to dole out justice to Jay Fleckner. 583 00:30:42,707 --> 00:30:44,068 You know what? 584 00:30:44,739 --> 00:30:47,082 I don't think I should talk to you anymore. 585 00:30:47,652 --> 00:30:50,455 Understand, it's not you we're looking to incriminate. 586 00:30:52,828 --> 00:30:54,760 I'm sorry, but on the advice of my lawyer, 587 00:30:54,830 --> 00:30:57,092 I'm gonna invoke my right to the Fifth Amendment. 588 00:31:01,807 --> 00:31:04,440 Valerie's husband rubbed elbows with the mob. 589 00:31:04,550 --> 00:31:05,812 She might know things. 590 00:31:05,882 --> 00:31:07,854 Testifying could put her in a vulnerable position. 591 00:31:07,924 --> 00:31:09,656 I don't think it was just self-preservation. 592 00:31:09,726 --> 00:31:12,599 If she knows Cerullo murdered Fleckner, 593 00:31:13,099 --> 00:31:14,871 she's stonewalling to protect him. 594 00:31:14,941 --> 00:31:16,062 Well, either way, 595 00:31:16,143 --> 00:31:18,945 history's taught us we can't rely on her to make the case. 596 00:31:19,016 --> 00:31:20,277 We won't. 597 00:31:20,617 --> 00:31:22,950 We didn't have a reason to search Messick's house before. 598 00:31:23,020 --> 00:31:24,281 We do now. 599 00:31:24,361 --> 00:31:25,763 I'll get a warrant. 600 00:31:26,063 --> 00:31:28,255 Philip Messick was a very smart man. 601 00:31:28,335 --> 00:31:30,067 He kept an insurance policy. 602 00:31:30,137 --> 00:31:33,471 A black file that somebody buried in his backyard flowerbed. 603 00:31:33,541 --> 00:31:34,842 Information on his associates? 604 00:31:34,912 --> 00:31:37,075 Yep. And all the dirtbags he worked with. 605 00:31:37,185 --> 00:31:39,487 Including his friend, Bob Cerullo. 606 00:31:39,617 --> 00:31:42,320 Now, our forensic accountant is just getting into this, but so far, 607 00:31:42,390 --> 00:31:45,303 we know that Cerullo sold guns and stolen property to the mob. 608 00:31:45,363 --> 00:31:46,635 Messick was the go-between. 609 00:31:46,705 --> 00:31:48,036 This guy kept track of everything. 610 00:31:48,106 --> 00:31:51,910 Guns, jewelry, electronics, prices, dates, who sold what. 611 00:31:51,981 --> 00:31:54,183 Is Cerullo identified by name in here? 612 00:31:54,884 --> 00:31:56,215 Name and badge number. 613 00:31:56,285 --> 00:31:59,158 Right next to another name, Wayne Dumar. 614 00:31:59,228 --> 00:32:02,632 So, Dumar and Cerullo were business partners selling stolen property? 615 00:32:02,702 --> 00:32:05,695 Exactly. And you'll notice that Cerullo's income doubled 616 00:32:05,775 --> 00:32:07,307 when Dumar went toes-up. 617 00:32:07,377 --> 00:32:08,818 Well, it doesn't prove he killed him. 618 00:32:09,449 --> 00:32:11,321 Make a convincing argument in court. 619 00:32:11,852 --> 00:32:15,385 What we can establish is that Dumar was criminally linked to Cerullo. 620 00:32:15,596 --> 00:32:18,158 And Dumar ties to the gun found on Jay Fleckner. 621 00:32:18,238 --> 00:32:19,900 Right. Which leads right back to Cerullo. 622 00:32:19,970 --> 00:32:23,574 It's the best evidence we have so far, that he planted the gun. 623 00:32:24,515 --> 00:32:25,536 What's this? 624 00:32:25,846 --> 00:32:27,748 Trying to coax us into a plea? 625 00:32:27,819 --> 00:32:30,551 This book ties Cerullo to the gun found on Fleckner. 626 00:32:31,362 --> 00:32:33,424 No one's going to believe it's self-defense. 627 00:32:33,865 --> 00:32:36,428 Lot of wiggle room between Dumar and that gun. 628 00:32:37,479 --> 00:32:39,100 Juries aren't stupid. 629 00:32:39,611 --> 00:32:42,714 Really? We must be working different courtrooms. 630 00:32:44,386 --> 00:32:47,620 No way they hang my guy for killing that piece of crap. 631 00:32:48,330 --> 00:32:50,893 And my client won't bite on your offer. 632 00:32:51,574 --> 00:32:53,366 Now, you really wanna talk. 633 00:32:53,976 --> 00:32:56,239 I'm calling your bluff, Mr. Kruhulik. 634 00:32:56,879 --> 00:32:58,651 You don't think he's serious? 635 00:32:58,881 --> 00:33:01,054 All of your cases come undone. 636 00:33:01,654 --> 00:33:03,717 And you'll be suborning perjury. 637 00:33:03,967 --> 00:33:05,759 We both know the charges are bogus. 638 00:33:05,829 --> 00:33:08,702 It'll take a full-scale investigation to bear that out. 639 00:33:08,802 --> 00:33:10,834 Pending new trials, of course. 640 00:33:11,775 --> 00:33:14,678 In lieu, I'll take my client at his word. 641 00:33:14,948 --> 00:33:17,081 We're prepared to go to trial. 642 00:33:17,291 --> 00:33:20,424 If your client gets on the stand and lies about his old cases, 643 00:33:20,635 --> 00:33:22,757 prepare to go to jail with him. 644 00:33:25,269 --> 00:33:28,303 Your shaky case just became your major headache. 645 00:33:36,361 --> 00:33:39,164 Was I scared? Of course. 646 00:33:39,605 --> 00:33:42,077 A guy like Fleckner. Killed Phil Messick, 647 00:33:42,137 --> 00:33:44,039 almost took his wife, Valerie, too. 648 00:33:44,250 --> 00:33:46,442 And why did you go pay him a visit? 649 00:33:46,922 --> 00:33:50,376 I only went over there to tell him to leave Valerie alone. 650 00:33:50,997 --> 00:33:53,930 A stupid thing to do, now that I think about it. 651 00:33:54,901 --> 00:33:58,675 I just figured I could make an impression, and that'd be that. 652 00:33:58,945 --> 00:34:01,418 I thank the Good Lord I had my gun. 653 00:34:02,018 --> 00:34:03,890 When Fleckner was coming at me, I'm telling you, 654 00:34:03,920 --> 00:34:05,722 I was fighting for my life. 655 00:34:06,693 --> 00:34:08,185 And what did you do, then? 656 00:34:08,425 --> 00:34:10,157 I defended myself. 657 00:34:10,868 --> 00:34:13,841 I did not pull my gun until Fleckner pulled his. 658 00:34:15,413 --> 00:34:16,744 Thank you. 659 00:34:19,046 --> 00:34:21,519 Did you know Detective Wayne Dumar? 660 00:34:22,260 --> 00:34:23,421 I did. 661 00:34:23,691 --> 00:34:28,567 In fact, you found Detective Dumar after his apparent suicide, correct? 662 00:34:29,608 --> 00:34:32,270 It was a bad day. Wayne was a good friend. 663 00:34:32,911 --> 00:34:34,973 So you were aware that he was the focus 664 00:34:35,053 --> 00:34:37,616 of an investigation involving stolen guns? 665 00:34:37,926 --> 00:34:40,089 There was never anything to those accusations, 666 00:34:40,159 --> 00:34:42,151 and they never proved that there was. 667 00:34:42,301 --> 00:34:44,604 Your Honor, what's the relevance here? 668 00:34:44,874 --> 00:34:46,666 Get to the point, Mr. McCoy. 669 00:34:48,147 --> 00:34:51,311 People's 19. This is a ballistics report 670 00:34:51,921 --> 00:34:56,056 that ties the gun found on the victim to a robbery investigation 671 00:34:56,526 --> 00:34:58,088 by Detective Dumar. 672 00:34:58,899 --> 00:35:02,132 There is no link between the gun and the victim. 673 00:35:03,744 --> 00:35:07,738 There is, however, a link to your good friend, Wayne Dumar. 674 00:35:08,419 --> 00:35:12,623 Mr. McCoy, in my experience, weapons pass through a lot of hands. 675 00:35:14,896 --> 00:35:16,798 3417. 676 00:35:18,640 --> 00:35:20,632 Does that number mean anything to you? 677 00:35:21,813 --> 00:35:23,215 Yeah. It was my shield number 678 00:35:23,285 --> 00:35:25,377 when I was a police officer. 679 00:35:26,388 --> 00:35:27,789 People's 20. 680 00:35:29,061 --> 00:35:33,596 This is an accounting ledger, found in the Messick house, 681 00:35:34,607 --> 00:35:38,571 which identifies you by your badge number, 682 00:35:38,651 --> 00:35:39,942 3417, 683 00:35:41,384 --> 00:35:42,785 and by name. 684 00:35:43,957 --> 00:35:45,989 Do you have an explanation as to why Philip Messick 685 00:35:46,099 --> 00:35:49,763 accounted you as selling illegally obtained property and guns, 686 00:35:49,833 --> 00:35:52,606 like the gun stolen by Wayne Dumar, 687 00:35:53,006 --> 00:35:54,848 and then planted on Fleckner, 688 00:35:55,048 --> 00:35:57,381 to corroborate your self-defense story? 689 00:35:57,651 --> 00:35:59,623 I don't know who made up that book, 690 00:35:59,693 --> 00:36:02,126 but what you're describing never happened. 691 00:36:02,766 --> 00:36:07,832 Mr. Cerullo, did you execute a man to avenge Philip Messick's death, 692 00:36:08,472 --> 00:36:10,104 and then cover it up? Objection! 693 00:36:10,174 --> 00:36:11,205 Overruled. 694 00:36:11,285 --> 00:36:13,308 The only covering up I see is from you. 695 00:36:13,988 --> 00:36:17,192 You let Fleckner walk, and now you want me to go down for it. 696 00:36:17,632 --> 00:36:21,867 Or did Fleckner walk, and you believed that justice had to be done. 697 00:36:22,768 --> 00:36:24,610 Isn't that the truth here, Mr. Cerullo? 698 00:36:25,080 --> 00:36:27,413 I killed him to save my own life. 699 00:36:29,014 --> 00:36:31,117 How can that make any sense, 700 00:36:32,027 --> 00:36:35,521 when all the weapons at the crime scene were yours? 701 00:36:37,303 --> 00:36:38,935 You got it wrong. 702 00:36:40,777 --> 00:36:42,368 Nothing further. 703 00:36:43,249 --> 00:36:44,411 Redirect, Your Honor? 704 00:36:44,481 --> 00:36:45,752 Go ahead. 705 00:36:48,525 --> 00:36:50,928 In your years as a police officer, 706 00:36:51,828 --> 00:36:54,772 did your paths ever cross with Jay Fleckner? 707 00:36:56,043 --> 00:36:58,536 No, but I knew him by reputation. 708 00:36:58,846 --> 00:37:00,748 Which was? A bad guy. 709 00:37:01,118 --> 00:37:03,050 And how did you come to know this? 710 00:37:03,591 --> 00:37:06,184 I had arrested some of Fleckner's associates. 711 00:37:07,165 --> 00:37:10,298 People Fleckner pulled crimes with? 712 00:37:11,439 --> 00:37:12,530 Yeah. 713 00:37:13,041 --> 00:37:14,973 Did you believe that Fleckner knew of you? 714 00:37:16,885 --> 00:37:18,407 He definitely did. 715 00:37:18,487 --> 00:37:20,479 Why did you believe this? 716 00:37:26,235 --> 00:37:30,610 You see, I framed one of Fleckner's buddies on a drug murder. 717 00:37:31,581 --> 00:37:33,483 A lowlife named Anton Brady. 718 00:37:33,683 --> 00:37:35,815 Another guy he ran with, Jimmy Mills. 719 00:37:36,186 --> 00:37:37,677 I sent him up on a rape beef. 720 00:37:37,957 --> 00:37:39,449 Objection. Relevance. 721 00:37:39,929 --> 00:37:41,261 Overruled. 722 00:37:41,531 --> 00:37:44,434 You framed these men? 723 00:37:45,676 --> 00:37:48,549 I framed a lot of bad guys in my day. 724 00:37:49,450 --> 00:37:50,681 You see, 725 00:37:51,822 --> 00:37:55,025 I'm being honest now about everything in my past. 726 00:37:55,766 --> 00:37:59,070 I want to cop to every wrong deed in my career, 727 00:37:59,440 --> 00:38:01,462 so you'll know I'm telling the truth, 728 00:38:01,542 --> 00:38:03,875 that Fleckner was out to kill me. 729 00:38:05,286 --> 00:38:06,648 I didn't realize until now. 730 00:38:06,718 --> 00:38:09,621 That's why he didn't even hesitate to pull a gun. 731 00:38:10,262 --> 00:38:13,095 That's why I had to defend myself. 732 00:38:22,985 --> 00:38:26,649 I think I might have something to leverage Valerie Messick to testify. 733 00:38:26,989 --> 00:38:29,462 I showed a copy of Philip Messick's black file 734 00:38:29,532 --> 00:38:31,935 to Andrew Semel in the US Attorney's Office. 735 00:38:32,175 --> 00:38:35,338 The Feds' money laundering case leads to an illegal corporate account 736 00:38:35,408 --> 00:38:37,400 at a bank in Panama City. 737 00:38:37,621 --> 00:38:39,523 It's administered by Valerie Messick. 738 00:38:40,624 --> 00:38:42,646 He kept his own wife in the file? 739 00:38:42,856 --> 00:38:46,090 She's hidden 12 different ways, but their forensic accountant did the math, 740 00:38:46,170 --> 00:38:47,431 and she's tied in. 741 00:38:47,641 --> 00:38:49,693 Are the Feds planning to indict? 742 00:38:49,844 --> 00:38:51,706 Valerie could be facing 20 years. 743 00:38:51,776 --> 00:38:54,809 But they're willing to work with us on any deal we want to make her. 744 00:38:54,949 --> 00:38:56,511 Pitch it to her. 745 00:38:57,191 --> 00:39:00,425 Testimony against Cerullo, or 20 years in the pen. 746 00:39:03,738 --> 00:39:06,041 My God. How could this be happening? 747 00:39:06,471 --> 00:39:09,344 The Feds are willing to work with us, but they won't wait forever. 748 00:39:09,514 --> 00:39:11,076 How hard are they willing to work? 749 00:39:11,617 --> 00:39:12,848 How good is the deal? 750 00:39:13,188 --> 00:39:15,160 Five years for the money laundering. 751 00:39:15,361 --> 00:39:18,764 No. If you want her, immunize her. 752 00:39:19,405 --> 00:39:20,997 I want to hear what she has to say. 753 00:39:21,077 --> 00:39:23,509 She'll talk when she's on the stand. 754 00:39:23,679 --> 00:39:26,513 Full immunity. She doesn't do a day in jail. 755 00:39:28,555 --> 00:39:31,718 You want Bob, that's what you've got to live with. 756 00:39:39,106 --> 00:39:42,610 Mrs. Messick, would you please describe your relationship 757 00:39:42,680 --> 00:39:44,311 with Bob Cerullo? 758 00:39:45,122 --> 00:39:46,594 Good friends. 759 00:39:46,754 --> 00:39:49,997 Can you describe your husband's relationship with Mr. Cerullo? 760 00:39:52,971 --> 00:39:56,344 My husband and Bob knew each other since they were kids. 761 00:39:56,674 --> 00:39:59,918 Your husband was a conduit for stolen goods and weapons 762 00:40:00,589 --> 00:40:02,561 between suspects in criminal cases 763 00:40:02,621 --> 00:40:04,893 and members of organized crime families, correct? 764 00:40:04,963 --> 00:40:06,555 Objection. Leading. 765 00:40:06,635 --> 00:40:08,157 She's a hostile witness, Your Honor. 766 00:40:08,337 --> 00:40:10,029 You get some room, Mr. McCoy. 767 00:40:10,139 --> 00:40:12,131 You can answer that, Mrs. Messick. 768 00:40:12,581 --> 00:40:15,555 As far as I know, that was the business, yes. 769 00:40:15,655 --> 00:40:17,917 Mr. Cerullo made a great deal of money 770 00:40:17,987 --> 00:40:19,889 from this relationship, didn't he? 771 00:40:20,790 --> 00:40:22,061 Yeah, he did. 772 00:40:22,131 --> 00:40:25,295 A money stream that was totally turned off 773 00:40:26,106 --> 00:40:28,578 after your husband was murdered, correct? 774 00:40:30,781 --> 00:40:32,412 As far as I know. 775 00:40:34,394 --> 00:40:37,328 Do you know Mr. Cerullo's motive for killing Jay Fleckner? 776 00:40:37,798 --> 00:40:41,032 Was it revenge for the killing that turned off his money? 777 00:40:45,676 --> 00:40:48,409 Can you answer that question, Mrs. Messick? 778 00:40:51,723 --> 00:40:53,625 That wasn't his motive. 779 00:40:56,138 --> 00:40:57,429 What was? 780 00:40:59,641 --> 00:41:03,135 He did it because I asked him to kill Jay Fleckner. 781 00:41:07,420 --> 00:41:09,121 You asked him to? 782 00:41:11,634 --> 00:41:14,227 In the hospital, after I was attacked. 783 00:41:16,279 --> 00:41:18,511 What was Mr. Cerullo's response? 784 00:41:22,125 --> 00:41:25,218 He said he'd take care of it. He'd kill Fleckner. 785 00:41:25,929 --> 00:41:29,463 In the event Mr. Fleckner was exonerated at trial, correct? 786 00:41:31,475 --> 00:41:32,536 Yes. 787 00:41:34,348 --> 00:41:36,370 Which I made sure happened. 788 00:41:40,995 --> 00:41:42,967 What do you mean by that? 789 00:41:45,470 --> 00:41:47,442 I threw my testimony during the trial, 790 00:41:47,742 --> 00:41:50,836 so Fleckner could go free, so Bob could kill him. 791 00:41:53,288 --> 00:41:55,120 That bastard killed my husband. 792 00:41:55,190 --> 00:41:58,023 He ruined my life. I just wanted him dead. 793 00:42:00,236 --> 00:42:02,398 I'm sorry, Bob. I'm so sorry. 794 00:42:14,060 --> 00:42:16,293 In the matter of the People v. Robert Cerullo, 795 00:42:16,363 --> 00:42:18,735 on the count of Murder in the Second Degree, 796 00:42:18,875 --> 00:42:20,307 how do you find? 797 00:42:20,637 --> 00:42:23,670 We find the defendant, Robert Cerullo, guilty. 798 00:42:33,231 --> 00:42:35,733 Have fun the next five years, McCoy. 799 00:42:36,244 --> 00:42:38,236 It's gonna be miserable. 800 00:42:48,467 --> 00:42:51,460 Valerie Messick won't have to answer for her role in the murder. 801 00:42:51,610 --> 00:42:54,373 She made good use of that immunity blanket we handed her. 802 00:42:54,443 --> 00:42:56,005 Without her, we couldn't convict. 803 00:42:56,245 --> 00:42:58,187 A dozen motions for new trials have been filed 804 00:42:58,257 --> 00:43:00,189 off Cerullo's old cases. 805 00:43:00,259 --> 00:43:02,852 Up to our eyeballs in ancient history. 806 00:43:02,932 --> 00:43:04,724 The price of justice. 64295

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