Original subtitles

Where's the doc? He'll be here any minute.

That's it, over here.

What's...? What's going on down there?

Power play.

Somebody wanted to knock over the yard bull.

They got Ritchie, then all hell broke loose.

Can you do something before the doc gets here?

He's bleeding pretty bad.

Knife wound?

It's, uh... It's pretty deep.

See if you can find the doc.

This is Bates.

Tell the warden we got Ritchie in the hospital.

Now, just take it easy. The doc will be here in a second.

You're gonna be okay.

You're Harry Kellem, aren't you?

Yeah.

That's funny.

It's really funny.

I'm here dying and

you're the guy that's standing over me.

Well, it's not that bad.

You wanna bet?

Kellem.

Kellem, come here.

Come here.

I wanna tell you something.

T-Tom Chaney. What?

Tom Chaney.

Your partner.

You're in here for killing him.

Yeah.

But I didn't.

I know.

You didn't kill him.

I did.

You?

Well, why?

Why?

It was a hit.

A contract.

We better hurry, doc.

Hey, you gotta listen.

Ritchie, he told me... It... It was a frame.

Come on, Kellem, not now.

But, doc, Ritchie will tell you.

He did it. He killed Tom Chaney.

He'll tell you, just like he told me.

He's not gonna tell anybody anything.

Ritchie's dead.

But he told me.

He admitted it. Take it easy, Kellem.

No. He said it.

I mean, he...

He knew he was dying and Ritchie confessed.

He murdered Tom Chaney, not me.

Did you hear anything, Bates?

Not a word.

You want me to call the morgue? Yeah.

I'll make out the death certificate.

You don't believe me, do you? Doc.

Come on, doc, do you believe me?

Well, look, I wasn't here. Doc.

Come on, Kellem, knock it off.

Do you wanna go back to your cell?

It's true. Ritchie said it.

I said...

Don't do it, Kellem.

Give me the gun.

No.

Now, somebody's gotta believe me.

I'm gonna make them believe me.

Steve. Warden.

Glad you're here. This is Bates.

He was in the hospital ward when it happened.

How did it start?

We had a lot of trouble in the yard.

One of the men was stabbed. Ritchie.

Ritchie. Ritchie. The name is familiar.

Should be. You put him here.

Frank Ritchie, the hit man?

That's right.

We took him to the hospital.

By the time the doc got there, he was dead.

And?

Kellem,

he started telling this crazy story about a...

A deathbed confession.

It doesn't make sense.

Kellem give you any trouble before this?

The usual kind.

Every man here claims he's innocent,

but after a while, they all make an adjustment.

But not Kellem?

I pulled his file for you. Judge for yourself.

Murder one.

Life sentence. Two appeals.

Two appeals rejected.

But Kellem won't quit. Still claims he's innocent.

It's all in there, Steve.

Kellem killed his partner, a man named Tom Chaney.

How long ago?

Three years.

At first, Kellem was so insistent,

but I checked it all out myself.

And you think he was guilty?

No question about it. Guilty.

Is he psycho?

Well, yesterday, I would have said no, but now?

With him holding a riot gun to Doc Berman's head.

What does he want?

You, Steve. He wants you.

We could use tear gas,

but he's warned us he'll pull the trigger.

Same thing if we try to rush the hospital.

Doc Berman is as good as a dead man.

No way to get Kellem out? No way.

Steve, he's got one hostage. I hate to give him two.

McGARRETT: So would I.

Kellem, this is the warden.

Can you hear me?

I hear you, warden!

Where's McGarrett?

Kellem, put down that gun.

Do it now before it's too late.

It's too late now, warden!

Send McGarrett in, or I'll kill the doc!

Take it.

Kellem, this is McGarrett.

I'm coming in.

Steve.

He's got a loaded shotgun.

Kellem?

In here.

Come on in.

And close the door.

That's not gonna get you out of here, Kellem.

I know that.

But you are.

You're gonna get me out.

The guys in here say you're the smartest cop on this rock.

You're gonna help me, McGarrett.

Not while you hold a gun.

Yeah.

Yeah, I got the gun,

and I'm not afraid to use it. I mean it.

Go slow. Go slow, Kellem.

The doc is the only thing

that's keeping you alive right now.

Locked up in here,

I'm not alive, McGarrett.

But you're gonna get me out.

Look, you had a fair trial, you were found guilty.

Now, the jury agreed that you killed Tom Chaney.

Well, they were wrong.

I'm in here for something I didn't do.

And you're gonna clear me.

And what if I can't?

Then, like you said, he's dead.

I got nothing to lose, McGarrett.

You better understand that.

This is my last chance.

I prayed for something to happen.

Now it did with Ritchie's confession.

And I'm not gonna let it go, not for anything.

All right.

Okay, I'll do what I can. I give you my word.

But... first the gun. No.

This time, I gotta go all the way. So you better hurry.

Look, it's been three years. It takes time to reopen a case.

Well, I can't wait.

You do it now, McGarrett, and you do it fast.

I worked a double shift for the last two days.

So pretty soon, I'm... I'm gonna get tired.

If I put down this gun now, I am finished.

So that's your deadline, McGarrett.

I don't know how long I can hold up,

but that's how long you got.

You and the doc.

The prison is still on full alert,

and still no word from inside,

where Steve McGarrett, head of Hawaii Five-0,

continues to meet with armed,

convicted murderer, Harry Kellem.

The former Honolulu real-estate developer

was sentenced to life imprisonment

for the murder of his partner, Tom Chaney.

Now this desperate man is holding prison doctor,

Sam Berman, hostage.

Every reporter in town, the wire...

No way. They want a story.

What have we got, Danno?

Kellem and Chaney. Land developers. Promoters, actually.

They started with a couple of acres up by Kailua Bay,

parlayed it into business with not much behind them.

Just enough for a down payment,

then sell for profit before the next payment's due.

Yeah, nothing illegal.

They took chances, they were lucky.

Even their long shots paid off.

Until luck ran out for both of them.

Classic pattern. As things started getting good,

the partners started to fight.

About money? CHIN HO: Yeah, looks like it.

Tom Chaney was a gambler.

Horses, fan-tan, dice, you name it. And a loser.

Evidence brought out at the trial showed that Chaney

was using company funds to pay off his losses.

And Harry Kellem found out about it, so we have motive.

The, uh, murder took place out by Makaha.

Right at the edge of the golf course.

Kellem met Chaney out there to look over land,

but only Kellem came back.

H.P.D. found three slugs in the body, .38 caliber.

And Ballistic made a matchup with the gun

Kellem and Chaney kept in their office.

They found the gun in the Ala Wai Canal.

How? Anonymous phone tip.

Oh, neat, neat, very neat.

And very damaging.

Open and shut, Steve.

Kellem's entire defense consisted of saying,

"I didn't do it." And no witnesses?

Yeah, there was one, but after the fact.

A, uh, Ted Cowan. Salesman.

He was playing golf. He heard the shots, found the body.

But all he saw was a car driving off,

and it was too far away from him to make a... A positive ID,

but the general description fit Kellem's car.

Here's the file on Frank Ritchie.

Anything tying him to the Chaney murder?

Nothing. Not even a thread.

Ritchie had a partner, another torpedo named Banyan.

Barney, I think. Find him. Right.

Danno, Chaney and Kellem were big business.

Find out what happened to it all.

The company, the assets, who gained?

Chin, you said that Chaney was a gambler.

I wanna know more about it.

Find out everything you can about him.

Try the boys on Maunakea Street.

Where are you going? See a lawyer.

You were Harry Kellem's lawyer?

And his friend.

I was very close to Harry, and Tom Chaney too.

You see, I represented their company

from the very beginning and...

Oh, I'm sorry, Mr. Wilkie, I just don't have the time.

Harry Kellem says that he's innocent.

He swears that a gunman by the name of Ritchie

made a deathbed confession of the murder today.

Well, uh, I-I always believed...

But nobody heard the confession except Kellem.

So it's worthless, unless there's some other evidence.

Now, I'm looking for a starting point. Anything.

Well, uh, what can I tell you? Um...

Harry and Tom Chaney were a fantastic business combination.

Together they were on their way

to building a real-estate empire.

Now, I'm sorry, Mr. Wilkie. Honestly, I'm sorry,

but I just don't have the time.

I need some answers and I need them right now,

before Kellem pulls that trigger.

Now, there was a witness, a man by the name of Cowan.

Ted Cowan.

Oh, I talked to him for a number of hours.

And he looked like Harry's salvation for a while.

But at the trial, his testimony was of no value.

You see, Cowan didn't really see anything

until it was all over.

All right. All right, thank you, Mr. Wilkie.

Uh, Mr. McGarrett,

that doctor at the prison.

Harry is no killer.

You put a gun in a man's hand,

and there's always a first time.

You better get over here right away.

Yeah, trouble.

But, uh, it's nothing we can't handle.

Why the roust, McGarrett?

Got bad news for you, Bunyan.

Your old pal Frank Ritchie is dead.

I heard.

You don't seem very broken up about it.

Oh, Frank was a good guy, but he made one mistake.

He got caught. Right.

Now he made another mistake: He got killed.

And that's the biggest mistake of all, isn't it?

If you don't get paid for killing,

it doesn't make any sense, does it?

Oh, you know me, McGarrett.

Live and let live, that's my motto.

Yeah, I know you.

Before Frank Ritchie died, he made a deathbed confession.

He admitted killing Tom Chaney three years ago.

A paid hit.

You and he were, uh, a team at that time, weren't you?

I got a feeling you're fishing, McGarrett.

If you wanna know something, just ask me.

I'm not asking, I'm telling.

If Ritchie was in on that hit, then so were you.

Anytime you can prove that or anything else, McGarrett,

you know where to find me.

Until then, get off my back.

Banyan,

I almost got you when I got Ritchie.

Now your turn is up.

I'm gonna get you, Barney.

Steve, you asked me a simple question:

Who gained when Chaney and Kellem lost?

But I can't give you a simple answer.

The land-development company went into receivership.

Remaining assets and controlling interests

were acquired by a Maryland corporation,

then resold to a Delaware corporation.

It turns out the Delaware corporation's

only a holding company, so...

So get on the phone, Danno,

and wake them up in Delaware or wherever.

Because if somebody profited from Chaney's murder,

I wanna know his name.

He's your boy.

I want him on a leash.

A very short leash.

Well, that's no problem.

Barney does what I tell him and only when I tell him.

Be sure of that.

Because if he were to do anything rash at this point...

Yeah, this Kellem situation at the prison,

it doesn't look good.

It looks fine.

If we keep our heads.

Time is on our side, you know.

Kellem can't hold out at that prison for very long.

And when he's finished,

the case is closed again for good.

But you said McGarrett's investigating.

And he's not going to find anything,

any more than the police did three years ago.

Well, I sure wish... What?

About this Cowan guy.

Maybe we should have done something about him.

It always makes me nervous, these loose ends.

Now, you leave him alone, Bedford.

And you tell your boy not to get any ideas either.

Cowan didn't talk before,

and it's perjury if he changes his story now.

So let's just all relax.

Thanks for taking time out, sarge.

Anytime, Danno.

The, uh, Kellem case. Yeah.

Out by Makaha?

That was my first homicide.

The one witness, Ted Cowan, now, you took his statement.

Yeah, all of them. What do you mean?

Well, he was pretty shook up, you know.

The more he talked, the less he remembered.

By the time he finished, he hadn't seen anything.

You think he did see something?

At the time, yeah, I kind of had that feeling.

But he said no, so that was it.

Thanks, sarge. Okay, Danno.

Say, what about the trial?

Didn't Kellem's attorney call you to the stand as a witness?

Nobody called me.

Well, I said it all at the trial, Mr. McGarrett.

I didn't see anything.

Well, you identified the car

that drove away from the murder site.

Just a general description.

It was too far away for me to see much.

Maybe it was just a coincidence.

I mean, I never said it was Harry Kellem's car,

just a dark sedan that...

All right, all right, Mr. Cowan. Take it easy.

Sergeant Spivack,

the police officer who first questioned you,

he had a feeling that you, uh, saw quite a bit.

Look, finding a dead man...

I mean, you read about things happening... Terrible things.

But you never think it'll happen to you.

That you'll be the one who'll get involved?

Violence is frightening, Mr. Cowan.

It frightens all of us even if we deal with it every day.

But it's nothing to be ashamed of if you feel fear.

Well, I've told you all I can.

There's a man in prison who says he doesn't belong there.

That he was framed.

That's got nothing to do with me.

If an innocent man is imprisoned, Mr. Cowan,

it has something to do with all of us,

particularly if we can help.

That's a question, Mr. Cowan.

If you know anything about the Chaney case

that you haven't told already for whatever reason,

now is the time to speak up.

Have you ever seen these two men?

No, I never saw them before.

And I suppose you haven't seen

today's paper,

or watched the news on television?

No, I...

Time, Mr. Cowan. I don't have much time.

Neither do those two men at the prison.

I don't have anything to tell you.

I told it all before.

Well, just think about Kellem.

If he is innocent, just think what he's been through already.

Well, I can't help that.

I'm sorry, Mr. McGarrett, but I've...

Look, for God's sake, don't be sorry.

You can't appease violence and brutality.

Either you take a stand against it and fight it,

or it'll kill you.

Now, think about it.

Think about it while there's still time.

Four hours have elapsed since convict Harry Kellem

took Dr. Sam Berman hostage in the prison hospital.

Dr. Samuel T. Berman, a dedicated physician,

whose life is now in the hands of a desperate man,

already convicted of one murder.

Standby to cue Beldock and the warden.

Michael Beldock is in the prison now

with the warden for an up-to-the-moment briefing

on the situation. Take cue.

Have there been any changes in the situation, warden?

None.

Kellem is still in there with Doc Berman

and we're still waiting.

Why did he ask to see Steve McGarrett?

I'm sorry, Mr. Beldock, I can't comment on that right now.

Well, could you tell us this then, sir:

What happens if Harry Kellem tries to make a break for it,

and is using Dr. Berman as a shield?

My guards have their orders.

Those orders are? Shoot to kill.

What are you looking at?

Just making sure.

McGarrett gave you his word. Nobody will try to get in here.

Yeah?

Well, let me tell you something, doc.

People only do what you make them do.

That's one of the rules I learned in here.

Well, if you're innocent, McGarrett will prove it.

Yeah, right. He'll prove it.

Because he's got to.

Listen, I lived by the book all my life.

And I believed it.

You know, things like

"innocent men don't go to jail."

Yeah, well, I'm here to tell you different.

And I'm supposed to stay here the rest of my life

for something I didn't do.

System's not perfect, Harry.

Every once in a while, something goes wrong.

Well, that's easy for you to say,

and you go home every night.

Now, Harry, neither of us is going anywhere

till McGarrett gets back.

So why don't you take off the tape?

No.

I hope McGarrett's doing real good out there,

because I got a feeling he doesn't have much longer.

None of us do.

He wants money.

Tell him that the penalty for illegal gambling

is one to three years.

Cooperating with you gentlemen of Five-0

will be payment enough, I assure you.

Sit down, Mr. McGarrett.

You knew Tom Chaney?

Perhaps.

Perhaps?

All right. Let us say, uh,

isn't it possible that you and Tom Chaney

shared equal fascination with the, uh, laws of chance?

Many things are possible.

They say that sitting opposite a man at a gambling table

reveals many facets of his character.

I have heard it said.

And they also say that while Tom Chaney gambled heavily,

he also gambled badly.

The numbers says

you are a lucky man, Mr. McGarrett.

And they said the same of Tom Chaney.

But he had huge losses.

Did he?

Well, there were witnesses at his trial

who said that he had paid markers in the thousands

from Vegas to Macao.

In gambling, Mr. McGarrett,

it is a question of balance.

A loss against a gain.

Are you saying that Tom Chaney was a winner?

All gamblers lose sometimes.

The successful gambler

wins far more than he loses.

Tom Chaney was very successful.

The records on such matters

only show what was lost.

No markers are needed when a gambler wins.

In any case, such matters are usually

conducted in private.

Do I read you right?

Tom Chaney won big?

But somebody tried to create the impression

that he was a loser.

The world is filled with illusions,

Mr. McGarrett.

Created for many reasons.

Four hours and 45 minutes,

and still we wait here at Oahu State Prison.

Harry.

Harry, please.

The tape.

No.

Where the hell is McGarrett?

He'll be back.

Talk to me, doc.

Keep talking. I... I gotta stay awake.

Well, why don't you tell me what happened, Harry?

Three years ago.

Tell me about Tom Chaney.

Oh, we were friends.

We were friends.

I bet you couldn't find two guys

less alike.

Maybe that's why we became partners. He was...

It was good balance.

Tom always wanted to plunge.

I was the one who held back, it's...

That's why the deals we made were always...

good ones.

My legs.

My legs are...

They feel funny, doc.

It's fatigue, Harry.

You haven't had any sleep for over 50 hours.

Harry.

Why don't you take off the tape?

I promise you, I won't try anything.

Okay.

Okay, doc.

Just the tape.

This doesn't change anything.

Here, Harry.

Now, remember,

this doesn't change anything, doc.

I still may have to kill you.

Harry.

Keep talking.

Yeah.

Yeah.

You know, doc, I never had any trouble.

In my whole life, I...

I never had a speeding ticket.

Then something like this happens and...

Tom, dead.

But I wasn't s-scared.

I-I thought:

"Tell the truth.

It'll be okay."

It will be.

It will be okay.

I don't know, doc.

I don't know.

This is my last chance.

My last chance.

I didn't do it, but...

I'm never gonna get out of here.

Not ever.

McGarrett will find the answers.

You think he believes me, doc?

Because somebody's gotta

or I'm lost.

McGarrett believes you, Harry.

Come on. Don't stop. Keep talking.

Yeah.

Yeah.

That's the way the...

That's the only way.

In all my years as a CPA,

working on my own and for the city,

I've never seen anything quite like this.

I mean, by now, I've gone through all the books

of the Kellem-Chaney land-development company,

but let me tell you,

this is an absolute work of art.

Falsified?

Completely. But not to cover up fraud.

Somebody has juggled these books

to make it look like a massive embezzlement had taken place.

Wait a minute.

You mean that there's nothing wrong

with the company financially?

That's precisely what I mean.

That's very interesting.

Thank you very much, Mr. Rycourt.

Yes. Come on. I appreciate it.

Steve, I got something. What?

The, uh, Kellem-Chaney Corporation,

somebody really tried to cover his tracks.

Maryland corporation, the Delaware corporation,

plus a half a dozen other fronts.

They all seem to lead back here.

Danno, have you got a name for me?

Not yet, but we're getting close.

Okay, stay with it.

Five hours and ten minutes.

Will convicted murderer Harry Kellem kill again?

Don't say it, Freda. Don't say a word.

We've been through this a thousand times.

Ted, if he kills that doctor...

Then he's a murderer.

But he shouldn't even be there.

He shouldn't even be in prison.

There's your innocent man, with a gun to the doctor's head.

Isn't that what I always told you?

What would happen to anyone who got involved?

If I hadn't seen it...

But you did, Ted.

And nothing's been the same since these three years.

I know, in a way, maybe I made you do it,

because I was frightened.

We were both frightened.

But maybe we were wrong.

Living with this thing,

what kind of a life have we had?

Hello? This is Ted Cowan.

Yes, Mr. Cowan, I understand completely.

But, of course, you realize there may be problems,

legal problems of a severe nature for you.

Of course.

I, uh,

I think you're a very brave man, Mr. Cowan.

May I suggest, uh,

that you come over to my office immediately?

Oh, yes. Yes, we'll go to the authorities together.

Could you be here in...?

Good.

Good, I'll expect you then.

Barney?

Professional job?

Definitely.

Whoever is covering up the Tom Chaney killing

is running scared.

It's all starting to add up.

But maybe not quick enough for Harry Kellem.

He was a good person, Mr. McGarrett.

Just terribly frightened.

These past three years,

you can't imagine what it's been like.

He changed.

Ever since that terrible day.

Mrs. Cowan,

what did your husband see that day three years ago?

He saw them kill that man.

Tom Chaney.

Ted was at the golf course.

He saw it all.

But it wasn't Harry Kellem? No.

Oh, Mr. McGarrett, that was the worst part.

Watching that poor man, Kellem,

sent away for life.

Ted wanted to speak out

but he was afraid to get involved.

Well, do you know, then, who did kill Tom Chaney?

Two men, Ted said.

One of them was that man that died in prison.

Yeah, and the other one?

I don't know.

Ted knew what he looked like.

I suppose he's the man

who killed my husband.

But at least now that I've told you,

at least now, Harry Kellem will be all right.

No.

No. So far as we're concerned,

Kellem is right back where he started from.

But I told you what Ted saw.

Hearsay evidence. In a courtroom,

they call it hearsay evidence.

You cannot testify to anything unless you saw it,

or heard it personally.

Won't stand up.

Then it's not over yet.

When Harry Kellem was first arrested for murder,

Ted was going to tell everything.

And what happened?

He was questioned by Kellem's lawyer.

Craig Wilkie? That's right.

He was going to tell Wilkie.

Well, why didn't he?

I don't know.

I know it sounds crazy, but Ted said that

Mr. Wilkie kept impressing upon him

that he had to tell the truth,

no matter what might happen to him afterward.

Wait a minute.

Are you saying that Wilkie

frightened him out of testifying?

I don't know.

But that doesn't make sense.

Craig Wilkie was Kellem's lawyer.

But your husband was going to see Wilkie

when he was killed.

That's right, Wilkie.

You're sure. Positive.

Oh, he covered his trail beautifully.

Used every legal trick in the book:

interlocking corporations, withholding companies,

the whole bag. But the one who picked up all the marbles

when Kellem and Chaney went out of business was Craig Wilkie.

Let's go.

Oh, Mrs. Cowan, I...

I-I realize what a terrible tragedy you've just suffered.

I... Believe me, I'm truly sorry about your husband.

I assure you, I had nothing to do with it.

You did too.

Ted was afraid and you made him afraid,

and then you had him killed.

No, that's... That simply isn't true.

Anything about it, I... I-I don't...

I don't know what...

I don't know anything about it. Believe me, I...

It looks like... Let me have it, honey.

Let me have it or I'll break your fingers.

You're the ones, aren't you?

He paid you to do it and you had him killed.

Been shooting your mouth off, Wilkie?

No, no, she's just guessing. I didn't say a word.

Looks like the job's not finished after all.

Just one more loose end.

Now, wait a minute. Wait a minute.

Shut her up, will you?

All right. All right, what are you gonna do with her?

No extra charge, Wilkie.

Knocking off Tom Chaney and her husband,

that cost you, so this one's free.

But not here. You can't do it here.

We've got a place in mind. Don't worry, Wilkie.

Okay, come on now, fast.

All right, everybody, freeze.

That's it, McGarrett. Drop the gun.

I had to.

He might have killed her or you.

Or he might have talked.

I saved your life, McGarrett.

No deals, Wilkie. No deals.

You wanted everything.

Everything that Tom Chaney and Harry Kellem worked for,

and you knew how to get it.

I don't know what you're talking about.

I do.

You said I could only testify

to what I myself heard personally?

Well, I just heard it all.

How can you listen to her? The word of an hysterical woman?

Oh, I'll listen to her and so will the judge and jury.

You're under arrest.

Book him, Danno. Murder one.

It's all right, Kellem.

It's all over now.

All over.