All language subtitles for Law and order S19E05 - Knock Off

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.

Watch your step getting off.
Have fun, stay safe.

For you
shop-till-you-drop types,

I suggest Ming's
General Store, right here.

Best prices in Chinatown

and a complimentary
Big Apple snow globe
with every purchase.

What time do we need
to be back?

You've got about
three hours.

If we're going to beat
the traffic out of the city,

we got to be
on the road by 4:00.

Yeah, I get it,
but 5% is not
what we agreed to.

Your overhead?
Give me a break.

Have you seen
what diesel's going for?

Aw, jeez.
Hold on a minute.

I think one of my passengers
did his shopping in a bar.

Hey, buddy!

You okay there?

Jesus!

The bus driver
said his name was Timmons.

They're a church group
from upstate.

Dargerville.
That's way upstate.

William Timmons, 36,
full deck of credit cards,
plenty of cash.

Those church folks were set
on this being a mugging.

They'll be disappointed.

Haven't they heard?
Nobody gets mugged
in New York anymore.

Looks like two shots
from up close.

Nobody said
they heard anything.

There's a blood trail
into the alley.

What have you fellows
got for us?

We got spatter
on the wall there

and a bloody palm print here,
probably from the victim.

No shell casings.

Shooter either
picked them up
or used a revolver.

You got to wonder
what Mr. Timmons
was doing back here.

I mean, he didn't come
all the way from Dargerville

to visit
a New York City alley.

Maybe he thought
the dumpster-diving's
better here.

He sat up front,
took both seats
for himself.

Usually the ones
that sit up front like
to chat, but not this one.

Timmons, right,
that was his name?

Yeah. Did he say why
he was coming into the city?

No. He asked how long
he had to walk around.

Sounds like this was
his first time on your bus.

I'm pretty sure it was.

St. Giles'
up in Dargerville

hires me every couple
of months to take
a group down here.

He wasn't
a regular parishioner,
I can tell you that.

I take the collection
every Sunday
and I've never seen him.

Did you see Mr. Timmons
when you were out shopping?

We didn't do
much shopping.

Those are just
some souvenirs.

Really?
Mind if I take a look?

Check this out.
This looks like real
Italian leather to me.

This must've
set you back a bunch.

They were cheap.

Because they're fakes?

Bob, our driver,
says we aren't really
breaking the law.

Oh, so this was Bob's idea?

He knows the shops
with the best deals.

Lately, it's been Ming's.

And before there,
it was someplace else?

A place called Y.K.'s.

But the last time
we were there,

he got into some
kind of argument
with the proprietor.

Some kind of argument?

They gave him a black eye.

So the stores
give me a little taste.

I steer a lot of
business to them.

So, you don't have a problem
promoting the sale
of counterfeit goods?

Have you ever seen the
factories where they make
these knockoffs?

Little kids running
big machines.

Fifteen-hour days,
no breaks.

A piece of rat meat
for lunch.

You're making this up.

Sure, just like we made up
the shiner you got the
last time you were in town.

That?

I ran into a lamp post.

You don't get it,
do you, Bob?

When you switched
from Y.K.'s to Ming's,

you put yourself
in the middle of a turf war.

Killing Timmons.
That was a warning to you.

To me?

Yeah. You don't steer
your passengers
back to Y.K.'s,

the next time
they're going to
come after you.

Well, um, what do you
want me to do?

Police. Everybody!
Up against this wall,
right now.

We're looking
for Mr. Y.K.

Anybody seen him?

Nobody?

I'm Y.K.

Mr. Y.K., you're under
arrest for assault.

Yeah, who say that?

The bus driver
you punched.

I no punch no bus driver.

This guy,
he was in your store?

No, we no see him.

Hey, you speak Chinese?

You keep lying to me,
and my Chinese will be
the least of your worries.

Okay. He ask me
how to get to subway.

I tell him, you buy map.

He very cheap.
You know why?

Because he buy paper map,
he not even buy laminated.

The M.E. Pulled two slugs
out of Timmons, both.38s.

So what do you make of
the puncture marks
on his forearm?

Track marks.
The way they're
scarred over,

I'd say he's been
off the needle
for a good year.

No, not those, these here.
They look like pin pricks.

Maybe he got acupuncture.

The Transit Authority found
Timmons on their cameras.

They sent me over
the link.

Here he is at
the Canal Street station.

He's taking
the uptown R.

They got him coming
out of the station
at 28th and Broadway.

Look, look.
He's heading north
on Broadway.

What's north on Broadway?

Macy's, the Garden...

The flower district.

The pin pricks on his arm
could be from thorns.

Yep, that's the guy.

The manager, Dianne,
she got into a fight
with him.

What about?
I don't know.

He came in
and asked for her.

I went into the back
to get her.

I come back a couple
of minutes later

and she's screaming at him
and hitting him.

She knocked him
into that.

And this guy
was just taking it?

Not like he had a choice.

Dianne, she's got
some moves on her.

So then, he's on the ground
and Dianne says to me,

"Don't let him go,
I'll be right back."
And then she split.

What do you think
she had in mind?
I don't know.

She lives right
around the corner.

So then,
you handled Timmons?

Sure, I put him
in a headlock
and I made him my bitch.

What do you think?
He split, too.

What about Dianne,
when she came back?

She never came back at all.

And she called in sick today.

That's not him.
Cesar gets people
mixed up all the time.

All right, then who's
the guy you tossed
into the flower cart?

Some creep who
thought he knew me.

And that gets him
a beatdown?

He tried to touch me.

Then you ran outside

and told Cesar
to keep him there
until you came back.

I needed to get away.
I was upset.

Are you still upset now?

Is that why
you called in sick?

I don't think I like
the tone of your question.

You do martial arts?

Cesar said you had
some moves.

I train in DZR jujitsu.

These your certificates?
It's impressive.

Intimidating,
that's the idea, right?

In case one of your guests
gets an idea in his head.

I want you to leave now.

Like this one here.

From the NRA,
for marksmanship.

That would make a guy
think twice.

I want you to go.

Yes, ma'am.

Lupo.
Sure.

Excuse me.

Hey! Hey! Hey!
Hey! Hey! Hey!

You really don't like
people touching you.

You did that on purpose.

Shame on me.

And now
you're under arrest.

The employee's
positive it was Timmons
in the flower shop.

And it turns out that
Dianne Cary's prior address

was in Dargerville,
the same as Timmons.

They were hometown neighbors
up until a couple years ago.

Or maybe
hometown sweethearts.

Well, if so, I can see
why she ditched him.

Timmons had a dozen
dope beefs, the last one
six years ago.

Then there was an arrest
three years ago,
but no charges were filed.

So he drops in
on Miss Cary to, what,

rekindle the old flame?

Instead stirs up
some bad feelings.

She decks him...
And runs home
to get the gun,

except you didn't find it.

She didn't win
an NRA certificate
with a Super Soaker.

The.38 that killed Timmons

is probably in a sewer between
Chinatown and her place.

Her sheet's clean.

Only thing is a lien
against her three years ago

from a hospital
in Dargerville.

Three years ago.
Mmm-hmm.

When exactly?

June 8th.

Wasn't Timmons
arrested June 9th?

Mmm-hmm.

What was Miss Cary
in the hospital for?
Doesn't say.

The medical info
is redacted for privacy.

The only thing is
an itemized invoice
attached to the lien.

Miss Cary,
I'm Lieutenant Van Buren.

I want to file a complaint.
That officer touched me
inappropriately.

Yes. Yes.

We'll get to that,
but first I need
some information from you.

Did you know William Timmons
when you lived
up in Dargerville?

Thousands of people live
in and around Dargerville.

No doubt.
What happened
to you two up there?

Nothing happened.

I don't think you have
the right to ask me...
Miss Cary...

The code
on this itemized bill

is from your hospital visit
three years ago.

This code is for a rape kit.

The doctor took evidence
in a rape investigation,

and William Timmons
was arrested the next day.

Now, he was arrested

but no charges were ever filed
and he was released.

Did he rape you
and get away with it?

Is that what this is about?

I...

No.

I won't talk to you.
I want my lawyer.

I don't want to talk
to the police at all.

Just get the hell
away from me.

All right.

The D.A. Of Otsego County
couldn't find any record

of a rape case involving
Timmons or Dianne Cary.

Then again,
he said he'd only been
in office a few months

and his files were a mess.

Or maybe the rape
didn't happen.

Everything about her
tells me

as far as she's concerned,
she was raped.

Well, we're not going to
find out one way or the other
200 miles away.

Let's hit the road.

And away we go.

You check
with Admitting?

Yeah, they couldn't
find it on their computer.

That figures.

When they upgraded
two years ago,

half the files didn't
show up for work.

June 8th, you say?

Yeah.
The patient's name
was Dianne Cary.

Oh, here it is.

Dianne Cary,
female, 29 years old.
What do you need to know?

Her hospital bill indicated
that she had a rape kit done.

We need the results.

Well,
that won't be in here.

But let's see what
the duty nurse wrote.

Oh, multiple contusions
to the face,

vaginal tearing...

Sounds like forcible
intercourse to me.

Anybody call a cop?

She was released to a friend
by the name of Leila.

Oh, here. A deputy sheriff
responded to the hospital

and took a statement
from Miss Cary.

That would've been
Deputy Linz.
He'll be in later today.

I remember that case well.

That poor girl
was hurt pretty bad.

You made an arrest
the next day.

Right, William Timmons.

I understand he was shot
a couple days ago
in your neck of the woods.

That's right.

Well...

A bullet never found
a more deserving home.

When we learned
of his passing,

we had his place in town
secured, in case you want
to take a look at it.

We might.
Timmons was never
prosecuted for the rape.

No, he had
a kind of an alibi.

And the young lady's
identification was weak.

The attack took place
late at night,
in her apartment.

Lights were off.

So why was Timmons arrested
in the first place?

She recognized his voice.

He'd been in the bar
where she worked
as a hostess.

If our County D.A.
At the time,
may he rest in peace,

had been a little bit more
of a go-getter...

But doesn't matter now,
Timmons has moved on.

Well, actually, Sheriff,
we believe that Timmons was
murdered because of the rape.

Dianne Cary's our suspect.

Timmons visited her
in New York
before he was shot.

Really?

Well, he should've
known better than
to bother that girl.

But I guess it's true
what they say.

They can't help but revisit
the scene of the crime, huh?

You said he should've
known better.

Well, after the charges
were dropped
against Timmons,

Dianne went around town
saying she was going
to get him.

It got so that I had
to send a man over
to have a talk to her.

Your little town has seen
a lot of action.

Was Timmons a part
of that drug problem?

He was.

Matter of fact, the night
of the rape, his alibi
was another meth-head.

Excuse me.

Yeah? Mmm-hmm.

I got to take this.

All this stuff about
revisiting the crime scene

notwithstanding,
it just doesn't add up.

Some rapists do get fixated
on their victims.

Yeah, but three years
and a four-hour bus ride
after the fact?

Maybe there was
something else going on
between them.

Well, we can always ask the
friend that drove Dianne home
the night she was raped.

I haven't talked to Dianne
since she moved to New York.

She was a very angry person
the last time I saw her.

Thank you.

So, the pastor says you help
run the AA and Narc-Anon
meetings down here.

That's right.

Timmons had old
track marks on his arm,

looked like he'd been
off the needle awhile.

Did he ever come
to your meetings?
Yes.

Will had been sober
almost seven months.

Did he ever talk about
going to New York?

You know, what's said in
AA meetings isn't legally
confidential, Miss Dickson.

I have to answer
to a higher authority.

So do we.

You haven't met
our lieutenant.

I can tell you we'd been
discussing the eighth step,
making amends.

He may have been seeking out
someone he hurt.

To apologize?

You sure you didn't
call Dianne to warn her
he was coming?

You two used to be close.

Yes, but after
what happened to her...

It was all
she could talk about.

And when they dropped
the charges against Will,
it just got worse.

She kept saying
she wanted to hit back.

Hit back at Timmons?

Him, and if you didn't agree
with everything she said...

Yeah, we know.

She nearly snapped
my arm off.

That's those self-defense
classes she took.

She was going every day.

And Robbie Linz
showed her things.

Deputy Linz?
What did he show her?

Shooting, things like that.

Whatever happened to
"turn the other cheek"?

All right. Bye.

Dianne Cary.
She made bail on
your assault beef.

You know,
this chili is great.

You expect me to ride in
a car with you after having
two bowls of that stuff?

You really expect us
to get out of Dargerville
by 6:00?

A man can hope.

Well, I hope we stick
around for dinner.

I love small towns.

You know how many
serial killers got their
start in small towns?

Deputy Linz.

How you doing?
I'm Detective Lupo.
This is Detective Bernard.

Hey. How you doing?

Sorry to keep you
guys waiting.
No problem.

Sheriff Burkhart radioed me.
He said you had some questions
about Dianne Cary.

Sheriff said
you're looking at Dianne
for Timmons' murder.

I took her statement
the night she was raped.
She was in a bad way.

But she had
no doubt it was Timmons.

We heard that you helped her
get back on her feet.

You taught her
self-defense skills.
Target shooting.

She asked
and I felt bad for her.

I never thought
she'd actually use it.

Use it?
What do you mean?

You gave her a gun?

Look,
you got to understand...

No, no, no, no, no.
You felt bad for her.
We heard that.

What kind of gun was it?

It was a.38.

It was an old piece that had
been in the department's
gun locker forever.

I taught her how to use it
in the woods behind my house.

There. That tree.
I put the practice
targets there.

She got so she
could hit it from
20, 30 feet out.

Got a couple
of entry holes.

The slug's still
in that one.
Here, hold that.

Oh, looks good.

Ballistics should be able
to match that.

Drop the shears.

This is harassment again.
I'm out on bail.

Yeah, but not for murder.
You're under arrest.

Let's do this easy,
all right?

Hey, hey!

Stay there!

Yeah, all right,
yeah, I got it.

Get up.

Tell me,
was shooting Timmons
as easy as shooting that tree?

Come on.

We're not
without compassion

for what Miss Cary's
been through,

or for the fact that
the system let her down.

We're willing to take
all of that into account.

Very nice preamble.
What's the offer?

Fifteen-to-life.
A gift.

No.

I won't go to jail
for something I didn't do.

Don't test us, Miss Cary.

I didn't kill that bastard.

You followed him
back to his bus,
you hunted him down...

I didn't do it.
I should've, but I didn't.

We matched
the slugs in his body
to the slugs you fired

during target practice
up in Dargerville.

What are you talking about?

The bullets she fired
into a tree with the gun
Deputy Linz gave her.

He taught me how to shoot.
He never gave me a gun.

Tell me about
the deputy's gun.

It's a.38-caliber
Smith & Wesson Model 10
with a 6-inch barrel.

I have her gun.

She gave it to me
the day after Timmons
was shot,

after she read
about it in the paper.

She knew
she'd be suspected,

and given the way
her rape case was bungled,

she was wary of turning over
an unlicensed weapon
to the police.

This is her gun,
the only gun
she's ever owned.

A Glock 26.

A 9mm Glock 26.

Ballistics says Timmons
was not killed
with Dianne's Glock.

But she says she turned
that gun over to her lawyer

because she was worried
the police might use it

to implicate her in the murder
even though it was
the wrong caliber.

Tells you what she thinks
about law enforcement.

Or she didn't know
what caliber was used
to kill Timmons

because she's
not the killer.

Or this is just
a distraction to keep us

from looking for the.38
that deputy gave her.

Says he gave her.

I want him brought
down here and put
in front of a grand jury.

Make sure you bring
some persuasion.

I already
told you all there is.

I showed her how
to point and shoot,
and I gave her the gun.

We need you to tell it
to a grand jury.

Come on, we'll have you back
the day after tomorrow.

I'll take you out
for a steak.

Look, my shift starts
in two hours, okay?

My wife needs help
with the kids.

Actually, Deputy,
you don't have
a choice in the matter.

We have a material
witness warrant.

You're arresting me?

Until you complete
your testimony.

Well, I got to clear this
with the Sheriff.

Well, you can call him
from the road.

Whoa.
This isn't good.

Stay put.

Sheriff?
Is there a problem?

- Out of the car, Robbie.
- Whoa, whoa...

Sheriff, I'm Assistant
District Attorney Rubirosa.
Stay there.

We have a material witness
warrant for Deputy Linz.

You can't take him
until you file that with
the Otsego County Clerk.

Well, by law, we have
24 hours from the time...

Move her out of the way.
...we take custody.

Whoa, whoa, whoa!
You stop right there.

Hey! There's
no need for that.

Deke, Bill.
Arrest this man.
What?

Interfering with
a police officer.

Just get in the car.

Next time, miss,
show a little respect
for our procedures.

Mike Cutter.

Find him.

As Assistant D.A.
Of this county,

I tend to put stock
in what my law enforcement
officers tell me,

and what they're telling me
is this Lupo threatened
two deputies

during the performance
of their duties.

Those deputies were
about to manhandle me.

Detective Lupo
didn't threaten anybody.

You're a New York A.D.A.

You have no standing
to represent this defendant.

Why am I even
talking to you?

Oh, I almost forgot.

I filed a motion to quash
your witness warrant.

Finally. You guys
cut it kind of close.

Detective Bernard got us
pulled over for speeding.

110 on the Thruway.

What's on the calendar?

An arraignment that
we can't participate in,
and a motion.

What happened?
The broom closet
wasn't available?

Everybody rise.

You can all sit down now.

Okay. Well, Sara,
what's on tap today?

Case number 8-9,
People v. Lupo.

Interference with
governmental administration.

Where's your lawyer, son?

I can represent myself.
I'm a New York City Detective

and I'm in law school,
first-year law.

Okay, well,
give me a plea, Counselor.

Not guilty, Your Honor.

Okay, well, seeing
as how you're a first-year
law student,

I'm inclined to let you go
on your own recognizance.

Judge.
Yeah?

You've never released
a non-resident of this county
on his own recognizance.

If you do it for
this defendant just
because he's a detective,

it may give rise
to the appearance of bias.

All right, well,
how much bail
do you want, Silber?

20,000 should do it.

Judge, I don't...
I don't have that
kind of money.

I hope you like
baloney sandwiches, son.

Bail is 20,000.

Is that it, Sara?

Mr. Silber has
a motion to squash
a material witness warrant.

I put it on your desk.

New York Assistant D.A.
Michael Cutter, Your Honor.

The witness has
material evidence in
a murder investigation.

But he was reluctant
to appear before
our grand jury,

hence the warrant.

The warrant wasn't registered
with the County Clerk
before they served it.

I believe
it's registered now.

Ah. Oh, Sheriff, do you
want to be heard on this?

Seeing as though
it's one of your deputies,
I believe.

Yeah. They want
to take him to New York
for three days.

I can't spare him, Judge,
even for one.

We've got three deputies
out sick, two ongoing
drug investigations.

It would cause
an undue burden
on the community.

An undue burden.
Well, that seals it.

Motion to quash
the warrant is granted.

Okay.
Anything else, Sara?

All right,
Court adjourned.

Hey. I'm going to call
the Lieutenant to post bond.

What's going on,
Mr. Silber?

Why is your sheriff
interfering with our
murder investigation?

What are you
talking about?

Arresting our cops,
playing keep-away
with our witnesses.

From where I sit,
the Sheriff's just
being diligent.

Really?
For example?

Well, take when
Timmons was shot.

I was with the Sheriff
when he got the news.

Right away he gave Timmons'
address to a deputy

and had him secure
the premises,

all for the benefit
of your investigation.

Sheriff Burkhart knew
Timmons' address
off the top of his head?

Dargerville's small,
but not that small.

Get on your computer,
see what you can find on
Burkhart's court cases.

I'll see if the County Clerk
will let me use his library.

Sheriff Burkhart's made
quite a name for himself.

Busting meth labs,
working with
the State Police

to intercept drug couriers
along I-88.

He's become the state's
poster boy

for small-town proactive
law enforcement.

And, no surprise,
thanks to our governor,

a lot of state drug
interdiction money

has been flowing into
the Dargerville
Sheriff's Office.

Hey.
I sprung our miscreant.

How are you feeling,
Detective?

I'm all right.
Hey, could I get a bowl of
that turkey chili, please?

Making book on the Sheriff?

I hear he's been hell
on the local dope slingers.

The last six years running,

he has had the highest
arrest-and-conviction rate
in the state.

Well, this might have
something to do with it.

Six years ago,
Burkhart registered
a confidential informant.

That same CI testified
in about three-quarters
of Burkhart's drug cases.

Six years ago was
the last time Timmons
was busted for dope.

He cruised right
through the Sheriff's
war on drugs.

Six years ago,
Timmons was arrested
by Burkhart

with an ounce of meth.

He pled to a misdemeanor
and got probation.

There's your
confidential informant.

Will Timmons.
Burkhart flipped him.

And he's been protecting
Timmons ever since.

It might explain
the disappearing rape charge.

Connie, I want you
and Detective Bernard
to go back to the city.

Start writing subpoenas
for all records pertaining
to Burkhart's drug cases.

Wait, wait,
I have to stay here?

Seeing as you like
this chili so much.

What's our plan?

We track down Timmons' lawyer
from six years ago.

They call them
confidential informants

precisely because
they're confidential.

The informant's dead,

and the attorney-client
privilege doesn't survive
the death of the client.

But I still have to work and
breathe in Sheriff Burkhart's
sphere of influence.

You know, it's a hell of
a thing when the only person
with balls in this town

is the woman who was
raped by your client.

Talking hypotheticals,

this informant made
a ton of cases for Burkhart.

In return,
the informant was given
a free pass to sell dope.

And rape the hostess
at his local bar.

Well, if you got
a guardian angel
fouling the IDs

and making
rape kits disappear,
anything's possible.

But lately this informant
cleaned up his act, right?

He started attending
Narc-Anon?

Right, he got all remorseful,
wanted to put it all out there
in the open.

I told Timmons that was
not a good idea.

Whoa. Listen to me,
did I say Timmons?

I meant the informant,
this being
a hypothetical scenario.

Good night.

If Burkhart knew Timmons
was going to see Dianne Cary,

he had to be worried Timmons
would spill his guts

about Burkhart
burying the rape case.

Burkhart would be
looking at prison time,
not to mention

it would taint every
drug conviction that relied
on Timmons' testimony.

Sounds like a solid
motive for murder.

No wonder Burkhart
doesn't want us near Linz.

He probably put him up
to lying about giving
Dianne Cary a.38.

Let's take another
run at Linz.

How'd you do in
your legal research class?

Access to Deputy Linz is
guaranteed by County Law
Section 17-B.

"In a proceeding
in the nature of a writ
of habeas corpus,

"application may be made to
any local magistrate."

Change "guaranteed"
to "predicated on."

Otherwise,
very good, Detective.

Okay, this is the best part.
"Application may be
made ex parte."

We don't have to
notify the Sheriff.

We can talk to the Judge
one-on-one.

Here. I'll run it down
to the front desk.
They have a printer.

And when we talk to
the Judge tomorrow,

why don't you
make the application?

Is that kosher?

In Dargerville?

And as Your Honor can see,
the statute is worded in
the affirmative.

"The district court
shall grant access
to the person sought."

You saying that I have
no choice, Counselor?

Well, uh, of course,
Your Honor can deny the writ,

but then we would
have to file a TRO
with the appellate term.

You're in my light, son.

Sorry.

Judge, we wouldn't be here
if Sheriff Burkhart
opposed the application.

The Sheriff's okay
with this?

He didn't raise
a single objection.

And if Your Honor
would sign these release
forms for county records.

Pro forma.
We need a court order

to access Deputy Linz'
files and related items.

It's just so we don't
have to bother you again
on your day off.

Thank you, Your Honor.

So now we go
talk to Deputy Linz.

Nope. Now we pull
the duty records for
the Sheriff's Department.

This better not take all day,
'cause I need to get
the payroll out.

We'll do our best.

This has Burkhart
going Code 7
at 9:00 a.m.

He doesn't resurface again
until 6:30 that night.

That's a long lunch break.

9:00 a.m. Is when the
church bus left Dargerville
for New York.

Burkhart could've
followed the bus

and then tailed Timmons
to the flower shop.

Once he saw what
a loose cannon Timmons was,
he shot him.

There must be a way to
track Burkhart's movements.

It would help to know
what vehicle he was driving.

He wouldn't
use his own car,
or a patrol car. Hold on.

Excuse me, hi.

Does the Sheriff's Department
have any unmarked cars?

They have two,
an SUV and a sedan.

Okay, you have a mileage log
for September 20th?

Uh, the car was
in the shop for repairs,

and the SUV shows
463 miles driven.

New York and back.

Now we just
need to prove it.

I didn't spend four years
in intel for nothing.

Video grabs from New York
Thruway toll cameras
on September 20th.

Okay.
First up, Exit 24,

approximately the time
the church bus got on
the Thruway to New York.

There's the bus,

and now we're looking
for Burkhart's car,

a black Explorer.

I don't get it,
the video's still running.

Look at the time stamp.
We just lost a minute.

Yeah.

All right.
Next toll's the Tappan Zee.

There's the bus
going through, and Burkhart
shouldn't be far behind.

Same thing.

Okay, last chance.
Yonkers.

Every time Burkhart's
supposed to be on here,
the video's been erased.

Could Burkhart have done it?
No, these were
erased at the source,

the State Thruway
Authority's computers.

Someone at the state level.

Somebody big
just pulled up a chair
and joined the game.

As a confidential
informant,

Timmons put over a hundred
people in prison.

Every one of those
convictions will be
in jeopardy

once it comes out
Timmons was given a free pass
to rape and deal drugs.

I don't think Burkhart cared
about those convictions

as much as he cared
about going to jail.

The possibility of a hundred
overturned convictions?

Believe me,
someone somewhere
cares about that.

What are you doing
about Dianne Cary?

She's out on bail.

We thought to leave
things status quo until
we're sure we have Burkhart.

Get her some protection.

Better safe.

Hey. The Thruway Authority
narrowed down when the video
files were erased.

They have a list of 11 people
who had access to a terminal
in that window of time.

FBI analyst,
Homeland Security.

Yeah. Scroll down to the
three State Troopers
on the list.

Trooper Thomas Volchek.

Four years ago
he was posted to the
Sidney barracks upstate.

He and Burkhart
ran joint-force drug
interdictions together.

So I was at
the Thruway Authority.

So what?
I'm there five or six times
a month on official business.

Okay, so what was
your official business

two weeks ago when
you accessed their terminals?

I'll get back to you on that
right after I check out
my notes.

Well, you be sure
to bring those notes

when you testify
in front of the grand jury.

A subpoena?

And, Mr. Volchek,
if you're thinking
of taking the Fifth,

we'll nullify it with
a grant of immunity.

Sorry.
Authorized personnel only.

Connie.

Executive
Services Division.

The governor's
personal security force
within the State Police.

Aren't they just his
chauffeurs and bodyguards?

There have been rumors
they perform other services.

Like shipping
inconvenient prostitutes
out of the country.

So the question is,
was Volchek
acting on his own

when he helped Burkhart
cover up his tracks,

or was he acting on
Governor Shalvoy's orders?

Consorting with prostitutes
is one thing,

but I can't believe Shalvoy
would protect a murderer.

A murderer who happens
to be the Governor's
favorite drug warrior.

Like you said, Jack,
somebody somewhere cares

if over a hundred drug
convictions get overturned.

Shalvoy will look like an
idiot for backing Burkhart.

Volchek didn't erase those
videos on his own authority.

Sometimes loyal surrogates
go off the reservation

if they think they're acting
in their boss's interest.

Well, I guess
only Trooper Volchek
can answer that question.

Well, we've got to get him
to testify first.

Volchek's asserting
an executive privilege.

And he wouldn't do that
unless the Governor was
backing it up.

There's only one
conclusion to draw.

The Trooper
erased the videos
with your tacit approval,

and now you're
protecting him.

Is that your own
conclusion?

I don't think your
recklessness extends
beyond your personal life.

You're too smart
a politician.

You would've cut
Sheriff Burkhart loose,

ordered a commission
to investigate the use of
confidential informants.

You got that exactly right.

Then lift the
executive privilege,

let Volchek testify.

We'll give him
full immunity for his
testimony against Burkhart.

Jack,

I was born at night,
but I wasn't born last night.

We know what this is about.

I'm not going to become
some political football
in your campaign for election.

The members of the
Executive Services Division
are at my side 24/7.

I'm not about to
let any of them
take the stand in this

or in any other proceeding.

I'm prosecuting a murderer.

Campaigning is
the last thing on my mind.

Really?

Invoking the
anti-terrorism statute?

Taking tough stances?

Quit playing Hamlet.

Declare yourself a candidate
and get it over with.

By the way, do you know
Joe Chapell in the
Attorney General's Office?

He investigated corruption
in state hospital contracts.

The Children's Aid Society
is honoring him next month.
You should come.

He's going after the pirates
on Wall Street next.

He's a real reformer.

Meanwhile, here,
it's politics as usual.

The Governor's worried
once we have a member of his
personal guard on the stand,

we'll ask about
prostitutes, dirty tricks

and whatever else
they've been handling
on Shalvoy's behalf.

Then let's forget
about Volchek.

What do you think
about giving Deputy Linz

full immunity
for his testimony?

Okay.

This time, make sure our cops
bring plenty of backup.

Deputy Linz?

Damn.

.38 Smith & Wesson
Model 10.

No!

No! No!
Ma'am!

I just don't understand.

Did he get
any calls this morning?

Sheriff Burkhart came by.

Him and Robbie went out
to the garage to talk.

Robbie looked upset
after the Sheriff left.

He didn't say why.

He just told me
not to worry.

And then he went
into the woods.

Ballistics said
the.38 that Linz
shot himself with

was the same gun that
was used to kill Timmons.

We're supposed to think
he murdered Timmons.
Very neat and tidy.

That must be
what Burkhart told him,

that he'd have to take
the fall for Timmons' murder,
like a good soldier.

Burkhart's off the hook.

And we can't get him,

not without the videos of him
following the church bus.

Which Trooper Volchek
could testify to erasing

if the Governor
wasn't hiding him
behind executive privilege.

Round and round it goes.

The Deputy had
the murder weapon

and his suicide is tantamount
to an admission of guilt.

Then that's the end of it.

And the erasures on
the Thruway Authority video.
Glitches, right?

I won't have
this hanging over
Trooper Volchek's head.

The subpoena will be
withdrawn tomorrow.

I told you, Jack, there was
no need to be concerned.

I wouldn't go that far.

Those glitches
on the Thruway videos
got me thinking,

what if we'd been
tracking a terrorist
instead of a simple murderer?

If those videos
had gone blank

while we were on the trail
of a suicide bomber.

That'd be terrible,
of course.

I knew you'd agree.

I'm empanelling a blue-ribbon
grand jury to look into it.

We ought to know
who's monitoring
our roads and bridges,

and how secure
those systems really are.

I'll be calling
Trooper Volchek as an expert.

Of course, executive
privilege won't apply

to testimony
about technical matters.

But then,

you wouldn't actually
assert the privilege

in matters of
national security,
would you?

Who wants that kind
of publicity?

This was in my mailbox
at home this morning.

You can withdraw
the subpoena for
Trooper Volchek.

That's you,
entering the New York Thruway,

September 20th at 10:17.

We also have you at the
Tappan Zee Bridge toll
and in Yonkers.

Nothing
disappears forever
in the digital world, Sheriff.

Nothing, that is,
except your friends.

Yours are in short supply.

What are you offering?

The opportunity
to serve his 25 years

in the safety of
a segregated unit.

I was a good sheriff.

I put away
a lot of bad people.

Well, I hope you think it was
all worth it, Sheriff.

Sheriff Burkhart's
methods are repugnant
to this administration.

Justice by any means
is no justice at all.

I am ordering a review
of every drug conviction

that Sheriff Burkhart
was involved in.

And I'm ordering
a special commission

to investigate the use
of confidential informants.

To head this commission
I'm appointing Joseph Chapell

of the Attorney
General's Office.

Mr. Chapell
successfully led...

Politics as usual.

Here.

I'd like you to be
the first to sign this.

Nominating petition
for the office of New York
County District Attorney.

I need 10,000 signatures.

I'm too old to play Hamlet.