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In the criminal justice system
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00:00:02,910 --> 00:00:06,744
the people are represented by two
separate yet equally important groups,
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the police
who investigate crime
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and the district attorneys
who prosecute the offenders.
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These are their stories.
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Is he back there?
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Nobody's
back there, Susan.
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We're the dregs of the party.
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I thought you two
were hitting it off.
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Yeah. And the boat docked and
he sprinted for the door.
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Oh. I don't think
they call it a door, Sally.
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He'll probably call.
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Well, if he doesn't,
I'll call him.
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Oh. That's against
the rules.
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So is sitting
home eating Häagen...
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He just
started shooting.
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I saw him behind that column.
I didn't see his face.
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I think he was
wearing a trench coat.
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Did he say anything?
I don't know.
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I didn't hear a thing.
The woman in front of me was shot.
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And that man is dead.
He was standing right next to me.
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A group over here
took most of the fire.
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We've got three people injured,
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and this one dead at the scene.
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There's a few shell casings
scattered down the pier,
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and five in a bunch over here.
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Looks like 9mm auto.
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So if the gun throws right,
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the shooter had to be
standing about right here.
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It was a cocktail cruise.
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United Jewish Charities.
We're the young leadership committee.
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That just means we're willing
to ask our friends to donate.
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Was there any trouble
during the boat ride?
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You think it was one of us?
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Well, right now, sir, I
don't know what to think.
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Detectives!
We got another fatality.
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We found a woman
in the water. Drowned.
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She was caught on a piling.
We got her purse.
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She must've fell off the
pier during the shooting.
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Lorna Kaminsky, 27.
NYU grad student.
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We've got something else.
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The shooter must've had
some time on his hands
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while he was waiting
for the boat to come in.
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Good thing
he wasn't a better shot.
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It was crazy.
We were walking past the garage.
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There must have been 20 of us.
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When the shooting started,
we looked back.
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The man with the gun started
running right at us.
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He was still shooting.
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Were you near Miss Kaminsky?
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I was talking to her.
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We were gonna go
out for a drink.
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I thought we'd just been
separated in all the confusion.
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Did you see the man
who was doing the shooting?
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It was dark.
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We were all running.
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What?
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I bumped into
somebody and fell.
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That's how I broke my ankle.
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God, I hope I didn't
push her off the pier.
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They say I was pretty lucky.
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The bullet missed
everything important.
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Well, if you were really lucky,
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it would have
missed everything.
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The man next to me,
he looked pretty bad.
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He's dead.
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And another woman fell in
the river and drowned.
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Wow. Some cruise.
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It was an
anti-Jewish thing?
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We're not sure what it
was yet, Miss Beckner.
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Nobody's claimed credit.
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If I hadn't broken up
with my boyfriend,
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I would've been at his country
house in Westchester.
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Oh, God!
The things we do to meet men!
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I thought this was
a fundraising group?
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It is.
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But they make it
a singles fundraising group.
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Raise money for Israel,
maybe meet a Jewish doctor.
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This isn't the way
I wanted to meet the doctor.
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Miss Jacobs, did you see
the man who shot you?
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No.
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Did you see anything unusual,
as the boat pulled in?
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Only that the guy
I was talking to
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suddenly took off
before the shooting.
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He said he had
a limo waiting for him.
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Mr. Weston had
to catch a plane.
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I got him to JFK in 35 minutes.
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Why the rush?
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The boat was supposed
to dock at 9:30,
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but it didn't
get in till 10:00.
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So where's
Mr. Weston now?
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Los Angeles.
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Come on, we were out of there
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before the shooting started.
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So you were waiting
around the pier
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while the boat was
being late, right?
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Yeah, from 9:00 p.m.
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I'm always half an hour early.
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Well, did you see anybody hanging
around there wearing a trench coat?
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I was reading the Daily
News in the car.
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I only saw a bunch of
cabbies waiting, like me.
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There weren't any cabbies
when we got there.
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You think they want to sit around
and talk to cops all night?
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A bunch of foreigners?
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What kind of foreigners?
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I don't know.
Turks, Arabs,
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when was the last time you
saw a white taxi driver?
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Did you notice the names of
any of their cab companies?
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Yeah. There were a
couple from Sunshine.
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We got Hamas. We got Islamic
Jihad, we got Gamaat Islamiya.
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That's Sheik Omar
Abdel-Rahman's club.
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The guys who blew up
the World Trade Center?
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Actually, that's still
a little vague.
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You do keep track of these people?
Of course.
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We're the great Satan.
It's our job.
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To the extent
our satanic courts
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will actually give us warrants
for the taps we need.
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So who's been striking blows
against Zionism lately?
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Several dead guys in Tel Aviv.
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It's got to be something
being a cop over there.
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And on the Hudson?
Any blows against Zionist cocktail cruises?
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Nothing's popped on the wires.
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No unusual channels opened
or cash flowing.
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Did you run the roster
from Sunshine Cabs?
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Yeah.
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One hit from our watch list.
Nidal Salam.
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Veteran of the Holy War against
the Russians in Afghanistan.
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If you ask him nice,
he'll show you his wounds.
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Do you know Agent
Mulcahy from the FBI?
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He used to follow me
and take my picture.
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Well, we'd love to see what
he took of you Sunday night.
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It would not be very interesting.
I was home, sick.
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Did anybody see you there?
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My wife, my two daughters,
my three sons.
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Listen, if I wanted
to kill Jews,
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I would just run
a red light in my taxi.
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This is New York City.
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Well, yeah, but then you might
lose your hack license.
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Look, I wasn't at
the pier that night.
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I didn't have a car that night.
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And I wouldn't go there anyway.
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Why not?
Are you allergic to water?
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To Egyptians.
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The Egyptian drivers
meet there.
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In their heads, they are
the princes of Arabia.
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I am from Yemen.
To them I am a donkey.
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It's a terrible thing.
Sadat made peace.
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Sadat was a dog.
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He was against killing.
I am against killing.
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Everybody is against killing.
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The question is how
to bring it to a stop.
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Hey, is this what
you were talking about
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last Sunday night at the pier?
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No. About music.
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Right. The Top 40.
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I think we'd better question
you guys individually.
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I don't have time.
I have to get back to work.
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We were with each other.
We heard the shots. We left.
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Before the boat got in, who
else was around besides you?
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Some other taxicabs.
Various people.
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Anybody in a trench coat?
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Yes. I saw him.
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I noticed because
he was acting strangely.
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Mahmud!
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Everybody else was coming or going.
He was just standing.
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Where?
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Where the cars were parked.
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Latent's been over the shell
casings from the scene.
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They've got some partials.
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Not enough to run
through the system.
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We may have something
else here, Lieut.
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One of
the cab drivers saw a man
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waiting in a trench coat here,
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in the garage,
before the boat came in.
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Now, he was waiting there
when the big group walked by.
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That's the group with the
woman who fell in the river.
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Then he shot at
the smaller group
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and ran away
through the big group.
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It's a funny way
to hunt Zionists.
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Unless he had
a specific target.
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Yeah. Then he sends us
on a wild goose chase
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through the whole Arab League.
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Six people in the second group.
Who's the target?
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Well, the dead guy's a good place to start.
What do we know about him?
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Well, the business
cards in his wallet
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give his name as Larry Rice.
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But no one's claimed the body.
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A guy like this,
there's usually
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a mortuary wagon
waiting outside
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as soon as the autopsy's over.
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You have his business card.
What's the problem?
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00:08:12,895 --> 00:08:15,420
Occupation:
"Entrepreneur."
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What the hell is that?
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The address is on 2nd Avenue,
but there's nobody home.
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Well, he got shot after a singles cruise.
Maybe he was a lonely guy.
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What, no credit cards?
No driver's license?
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00:08:25,075 --> 00:08:26,599
Sometimes they get stolen.
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00:08:26,677 --> 00:08:28,076
Yeah, but he wasn't mugged.
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00:08:28,145 --> 00:08:29,908
Todd Wexman, CPA.
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00:08:29,980 --> 00:08:32,642
McAllister and Grossman.
His accountant?
201
00:08:33,884 --> 00:08:35,750
I'm sorry,
but Mr. Wexman isn't in.
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00:08:35,820 --> 00:08:37,082
We just need some information
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00:08:37,155 --> 00:08:38,679
about somebody who
might be a client.
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00:08:38,756 --> 00:08:40,246
Larry Rice.
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00:08:40,324 --> 00:08:42,316
Rice?
I don't think so.
206
00:08:44,630 --> 00:08:46,291
No. There's no Rice.
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00:08:46,365 --> 00:08:47,957
Well, we think Mr.
Wexman might know him.
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00:08:48,033 --> 00:08:49,159
You know where
we can reach him?
209
00:08:49,234 --> 00:08:52,067
No. And it's not
like Mr. Wexman.
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00:08:53,305 --> 00:08:54,397
What isn't?
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00:08:54,473 --> 00:08:55,701
He hasn't been in for two days.
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00:08:55,774 --> 00:08:57,401
And he hasn't checked in.
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00:08:57,476 --> 00:08:59,842
I'd call his wife,
they live in Connecticut,
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00:08:59,912 --> 00:09:02,278
but he said she was taking the
children to visit her mother,
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00:09:02,347 --> 00:09:04,043
and I don't know where that is.
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00:09:04,117 --> 00:09:06,779
Ms. Conroy, do you happen to
have a picture of Mr. Wexman?
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00:09:06,853 --> 00:09:08,582
Yes. In here.
218
00:09:12,092 --> 00:09:14,686
That's Mr. Wexman
with Mrs. Wexman.
219
00:09:14,761 --> 00:09:17,127
Alexandra and David
and the baby.
220
00:09:20,166 --> 00:09:23,397
Ms. Conroy, I'm afraid your
boss is in our morgue.
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00:09:29,243 --> 00:09:33,873
Mrs. Wexman,
I'm very sorry.
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00:09:34,515 --> 00:09:35,880
I can't stay here long.
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00:09:35,950 --> 00:09:37,941
I want to be with my children.
224
00:09:38,018 --> 00:09:40,680
Of course.
I just have to ask,
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00:09:40,755 --> 00:09:44,522
does the name Larry Rice
mean anything to you?
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00:09:46,128 --> 00:09:49,758
Why? Was he involved
with killing Todd?
227
00:09:49,832 --> 00:09:53,324
No. It seems that your husband
sometimes used that name.
228
00:09:53,402 --> 00:09:54,892
No, he didn't.
229
00:09:54,971 --> 00:09:56,962
He carried ID in that name.
230
00:09:57,039 --> 00:09:59,530
He rented an apartment
in that name.
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00:09:59,609 --> 00:10:02,703
He booked himself on the
dinner cruise in that name.
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00:10:02,779 --> 00:10:04,269
That can't be.
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00:10:05,214 --> 00:10:07,842
Did he spend many
nights away from home?
234
00:10:08,684 --> 00:10:12,712
I told the detectives,
he traveled on business.
235
00:10:12,790 --> 00:10:14,985
His employer says
he traveled very rarely.
236
00:10:15,058 --> 00:10:16,719
What are you saying?
237
00:10:17,327 --> 00:10:20,160
That Todd led some
kind of secret life?
238
00:10:21,431 --> 00:10:24,764
We were married 13 years.
239
00:10:25,702 --> 00:10:27,431
I know my husband.
240
00:10:31,543 --> 00:10:34,034
Good champagne, but it's dusty.
241
00:10:34,112 --> 00:10:35,409
This caviar has mold.
242
00:10:35,480 --> 00:10:37,846
Mr. Rice didn't
have much company.
243
00:10:37,916 --> 00:10:38,974
No ladies, huh?
244
00:10:39,050 --> 00:10:42,383
Hey, the guy wasn't too swift,
if you know what I mean.
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00:10:43,555 --> 00:10:46,752
Co-eds at the Beach.
Well, at least he had a sex life.
246
00:10:46,825 --> 00:10:49,555
What? He had to sneak away from
his wife to watch a porno?
247
00:10:49,627 --> 00:10:52,358
Rey, this is a guy who could have
chosen any name in the world,
248
00:10:52,431 --> 00:10:54,332
and he picked Larry Rice.
249
00:10:54,401 --> 00:10:56,562
And he managed to make
it to a singles cruise.
250
00:10:56,636 --> 00:10:59,605
Yeah. But did he make it
on the singles cruise?
251
00:11:01,208 --> 00:11:03,972
Mr. Rice had been to
several of our events.
252
00:11:04,344 --> 00:11:06,710
This whole thing is so scary.
253
00:11:06,947 --> 00:11:08,574
We've canceled
all public meetings
254
00:11:08,648 --> 00:11:09,910
until we know who did this.
255
00:11:09,983 --> 00:11:12,611
What can you tell us about Mr.
Rice's socializing?
256
00:11:12,686 --> 00:11:14,347
He was very shy.
257
00:11:14,821 --> 00:11:17,620
On the cruise he spent most
of his time talking to me.
258
00:11:17,692 --> 00:11:19,819
Did you ever hear
the name Todd Wexman?
259
00:11:20,895 --> 00:11:22,726
I don't think so. Why?
260
00:11:22,797 --> 00:11:23,957
It's not important.
261
00:11:24,031 --> 00:11:26,158
What can you tell us about
the people who were shot?
262
00:11:26,234 --> 00:11:27,929
Susan Beckner is
a travel agent.
263
00:11:28,002 --> 00:11:29,594
She recently
went out on her own.
264
00:11:29,670 --> 00:11:31,535
Did she have
a business problem?
265
00:11:31,606 --> 00:11:33,665
No. She was
a generous contributor,
266
00:11:33,741 --> 00:11:36,266
and she raised a lot of
money from other people.
267
00:11:36,344 --> 00:11:39,178
She even brought half a
dozen checks on the cruise.
268
00:11:39,248 --> 00:11:40,840
And one of them bounced.
269
00:11:42,684 --> 00:11:45,812
From an Old
Europe International.
270
00:11:45,888 --> 00:11:47,480
I've been meaning to tell her.
271
00:11:47,556 --> 00:11:48,614
What about the other woman?
272
00:11:48,690 --> 00:11:51,090
Sally Jacobs does
something in retailing.
273
00:11:51,493 --> 00:11:53,017
Did either of them
have a problem?
274
00:11:53,095 --> 00:11:54,995
Business or personal,
anything you knew about?
275
00:11:55,063 --> 00:11:57,224
Not so someone
would shoot them.
276
00:11:57,666 --> 00:11:59,760
These are all nice people.
277
00:12:00,905 --> 00:12:04,033
Your witnesses say the shooter
fired five or six times
278
00:12:04,108 --> 00:12:05,598
at the group next to the boat.
279
00:12:06,477 --> 00:12:08,604
We found two slugs in the boat.
280
00:12:09,680 --> 00:12:11,705
And any number
could be in the river.
281
00:12:11,782 --> 00:12:14,273
Right. But we also found
one in Sally Jacobs
282
00:12:14,351 --> 00:12:17,115
and one in Larry Rice or Todd
Wexman or whatever his name was.
283
00:12:17,187 --> 00:12:19,087
What about Susan Beckner?
284
00:12:19,156 --> 00:12:21,215
That bullet was
a through-and-through.
285
00:12:21,292 --> 00:12:24,319
And look at this.
Her dress.
286
00:12:24,396 --> 00:12:27,661
Black rim around the
edge of the bullet hole.
287
00:12:28,099 --> 00:12:29,760
Bullet wipe.
Right.
288
00:12:30,001 --> 00:12:32,265
From soot deposited on the
surface of the bullet,
289
00:12:32,337 --> 00:12:34,168
as it moved down
the barrel of the gun,
290
00:12:34,239 --> 00:12:36,298
which in this case
wasn't very clean.
291
00:12:36,675 --> 00:12:38,575
The dead man's shirt.
292
00:12:39,411 --> 00:12:40,673
Look at the bullet hole.
293
00:12:40,745 --> 00:12:41,973
No black rim.
294
00:12:42,414 --> 00:12:45,213
The bullet went through
Susan Beckner into him.
295
00:12:45,618 --> 00:12:47,108
So if the shooter
was actually aiming,
296
00:12:47,186 --> 00:12:49,484
Wexman wasn't the target.
She was.
297
00:12:51,757 --> 00:12:53,452
Who'd want to kill me?
298
00:12:53,526 --> 00:12:56,256
I sell airline tickets.
I go to the movies.
299
00:12:56,329 --> 00:12:57,887
I don't know any street gangs.
300
00:12:58,297 --> 00:12:59,321
You owe anybody money?
301
00:12:59,398 --> 00:13:00,387
No.
302
00:13:01,067 --> 00:13:05,834
We have to ask.
Do you gamble, use drugs?
303
00:13:05,905 --> 00:13:07,533
I drink too much coffee,
304
00:13:07,607 --> 00:13:10,168
and I went to Atlantic City
once and I didn't like it.
305
00:13:10,244 --> 00:13:11,541
You said,
at the hospital,
306
00:13:11,612 --> 00:13:13,477
that you'd recently
broken up with somebody.
307
00:13:13,548 --> 00:13:15,743
Yes, but he's not violent.
308
00:13:16,284 --> 00:13:18,514
I think he's already
seeing someone else.
309
00:13:18,586 --> 00:13:19,951
Let's work it the other way.
310
00:13:20,021 --> 00:13:22,922
How many people knew you were
going on that boat ride?
311
00:13:23,591 --> 00:13:26,822
I told my mother, maybe
a couple of friends.
312
00:13:26,894 --> 00:13:30,058
And I mentioned it to a
client I saw that afternoon.
313
00:13:30,132 --> 00:13:31,121
On a Sunday?
314
00:13:31,200 --> 00:13:33,065
He needed some airline
tickets in a hurry
315
00:13:33,135 --> 00:13:35,501
for a tour group that
was stranded in Sofia.
316
00:13:35,904 --> 00:13:37,064
Bulgaria?
317
00:13:38,407 --> 00:13:40,637
We're going to need
a list of those names.
318
00:13:40,709 --> 00:13:41,903
My mother?
319
00:13:45,447 --> 00:13:47,745
So who takes vacations
in Bulgaria?
320
00:13:49,018 --> 00:13:50,509
Bulgarians, for a start.
321
00:13:50,587 --> 00:13:53,954
But these Bulgarians were in a
rush to get back to New York?
322
00:13:54,324 --> 00:13:57,987
Well, the trip was over, and I was
committed to bringing them back,
323
00:13:58,061 --> 00:14:00,996
but the charter plane
had mechanical problems.
324
00:14:01,097 --> 00:14:03,565
That gave the charter airlines
financial problems...
325
00:14:03,633 --> 00:14:05,931
So you ran over to
see Susan Beckner?
326
00:14:06,002 --> 00:14:09,199
Well, I'm not licensed to
issue plane tickets. She is.
327
00:14:09,272 --> 00:14:12,401
She sold me 40 tickets.
Made a lot of money.
328
00:14:12,476 --> 00:14:16,344
I got my group home, went over
to my girlfriend's to celebrate.
329
00:14:16,414 --> 00:14:20,146
You think I shot Susan Beckner
because everybody was too happy?
330
00:14:20,986 --> 00:14:22,214
You're Escapade Holidays?
331
00:14:22,287 --> 00:14:25,154
That's me. We can do charter
rates for as few as 10 people
332
00:14:25,223 --> 00:14:26,315
if you have a group.
333
00:14:26,391 --> 00:14:27,881
And you use
a different company name
334
00:14:27,959 --> 00:14:29,426
for your trips
to Eastern Europe?
335
00:14:29,494 --> 00:14:30,756
Old Europe International.
336
00:14:30,829 --> 00:14:34,891
Old Europe? You made a contribution
to United Jewish charities.
337
00:14:35,535 --> 00:14:36,934
Fifty bucks.
338
00:14:37,437 --> 00:14:41,271
Susan asked me to, and I was
trying to make a good impression.
339
00:14:42,742 --> 00:14:44,972
I just talked to Susan Beckner.
340
00:14:45,044 --> 00:14:47,808
The check Coburn gave her for
the airline tickets was good.
341
00:14:47,880 --> 00:14:49,177
Thirty-two
thousand dollars.
342
00:14:49,248 --> 00:14:51,876
But his $50 check to
her charity bounced?
343
00:14:51,951 --> 00:14:54,920
Yeah. The charity deposited
their check on Monday,
344
00:14:54,987 --> 00:14:56,215
the morning after the cruise.
345
00:14:56,289 --> 00:14:59,054
Now, she didn't deposit Coburn's
check till three days later,
346
00:14:59,126 --> 00:15:00,388
because she was
in the hospital.
347
00:15:00,461 --> 00:15:02,258
And I talked to Coburn's bank.
348
00:15:02,329 --> 00:15:04,957
He had less than $50
in his account on Monday.
349
00:15:05,032 --> 00:15:07,193
Two days later, he got
a big wire transfer
350
00:15:07,267 --> 00:15:09,064
from a travel agent
up in Canada.
351
00:15:09,136 --> 00:15:11,798
So if Susan Beckner
hadn't been shot,
352
00:15:11,872 --> 00:15:14,033
she would have deposited her
check right away on Monday
353
00:15:14,108 --> 00:15:15,166
and it would have bounced.
354
00:15:15,242 --> 00:15:16,971
And she would have
canceled his tickets
355
00:15:17,044 --> 00:15:19,172
and he would've wound
up with 40 angry people
356
00:15:19,247 --> 00:15:20,646
stranded in the Balkans.
357
00:15:20,715 --> 00:15:23,479
Uh-huh. That can't be
too good for business.
358
00:15:23,551 --> 00:15:26,180
I think it's time
you checked his alibi.
359
00:15:30,159 --> 00:15:31,786
Hank was here
Sunday night.
360
00:15:31,861 --> 00:15:33,761
We stayed in.
All night?
361
00:15:33,829 --> 00:15:35,820
Yes. We were relaxing.
362
00:15:37,433 --> 00:15:39,196
My boyfriend's not a murderer.
363
00:15:39,268 --> 00:15:40,257
Curtis.
364
00:15:40,336 --> 00:15:41,326
Right.
365
00:15:41,404 --> 00:15:44,532
We're just concerned that a man
under financial pressure...
366
00:15:44,608 --> 00:15:46,439
What financial pressure?
367
00:15:46,510 --> 00:15:49,138
Coburn was having a
little cash flow problem,
368
00:15:49,212 --> 00:15:51,237
which could have caused
him a business problem.
369
00:15:51,314 --> 00:15:53,214
Hank is very successful.
370
00:15:53,950 --> 00:15:55,577
Maybe that's what he tells you.
371
00:15:55,652 --> 00:15:58,348
I'm not stupid.
And I don't date poor men.
372
00:15:58,421 --> 00:16:01,481
Miss Trang, I've just been informed
that you're the registered owner
373
00:16:01,558 --> 00:16:03,254
of a Glock
semi-automatic pistol.
374
00:16:04,662 --> 00:16:06,493
Yes. It's registered.
375
00:16:07,165 --> 00:16:09,030
You mind showing it
to us, please?
376
00:16:12,003 --> 00:16:13,994
I don't have it right now.
377
00:16:16,240 --> 00:16:17,571
Where is it?
378
00:16:17,842 --> 00:16:20,072
Why did you bring me here?
I didn't do anything.
379
00:16:20,144 --> 00:16:23,739
Maybe not, Miss Trang, but we
really would like to find your gun.
380
00:16:23,814 --> 00:16:25,806
I told you.
It was stolen.
381
00:16:26,018 --> 00:16:27,110
We don't believe you.
382
00:16:27,186 --> 00:16:29,177
I don't care what you believe.
383
00:16:29,788 --> 00:16:34,054
This came for you, and more
bad news for you, Miss Trang.
384
00:16:34,126 --> 00:16:36,561
The fingerprints on your
gun license application
385
00:16:36,629 --> 00:16:39,530
match some partial prints on shell
casings at the murder scene.
386
00:16:39,599 --> 00:16:41,567
I didn't have anything
to do with that!
387
00:16:41,634 --> 00:16:43,226
What about your boyfriend?
388
00:16:43,303 --> 00:16:44,531
Did he borrow your gun
on Sunday night?
389
00:16:44,604 --> 00:16:45,662
No.
390
00:16:45,738 --> 00:16:48,537
If you gave it to him knowing
what he was going to do with it,
391
00:16:48,609 --> 00:16:49,735
you're guilty of murder.
392
00:16:49,810 --> 00:16:51,300
I'm not guilty of anything!
393
00:16:51,378 --> 00:16:53,869
Why are you protecting
such a poor man?
394
00:16:53,948 --> 00:16:57,475
He's not poor. He's very important
in the travel industry.
395
00:16:57,585 --> 00:17:00,247
Right. He sends people
to exotic hospitals.
396
00:17:00,321 --> 00:17:02,016
You want to see
his bank statement?
397
00:17:02,089 --> 00:17:05,616
As of Monday morning, he had
$47 in his checking account.
398
00:17:05,693 --> 00:17:06,682
Let me see that.
399
00:17:06,760 --> 00:17:08,421
And another 60
bucks in his savings.
400
00:17:08,495 --> 00:17:10,396
That's not possible!
He owns a townhouse!
401
00:17:10,465 --> 00:17:12,160
We pulled his credit reports.
402
00:17:12,234 --> 00:17:16,000
He rents the townhouse and
the furniture and his car.
403
00:17:16,071 --> 00:17:17,265
The only thing he probably owns
404
00:17:17,339 --> 00:17:18,499
are the checks
he's been kiting.
405
00:17:18,573 --> 00:17:19,562
That son-of-a-bitch.
406
00:17:19,641 --> 00:17:21,472
What does he think I am?
Miss Trang.
407
00:17:21,543 --> 00:17:23,170
I could have better men
than him in a minute!
408
00:17:23,245 --> 00:17:26,442
Miss Trang!
Sunday night?
409
00:17:27,616 --> 00:17:29,277
He borrowed my gun.
410
00:17:29,517 --> 00:17:31,144
He told me to lie to you.
411
00:17:31,219 --> 00:17:32,278
Where is he now?
412
00:17:32,355 --> 00:17:36,189
I don't know. He carries a phone.
Give me yours.
413
00:17:46,303 --> 00:17:50,831
Hank. Honey,
can I see you tonight?
414
00:17:51,642 --> 00:17:53,804
I'm wearing the red silk.
415
00:18:08,626 --> 00:18:10,924
Carolyne, I've got
something good for you!
416
00:18:10,995 --> 00:18:12,929
Hey, Hank Coburn, you're
under arrest for murder.
417
00:18:12,997 --> 00:18:15,864
I would have worn my red
silk, but it's in the wash.
418
00:18:15,934 --> 00:18:17,299
You have the right
to remain silent.
419
00:18:17,369 --> 00:18:18,700
Anything you say
can and will be used
420
00:18:18,771 --> 00:18:20,068
against you in a court of law.
421
00:18:21,507 --> 00:18:22,872
Come on in.
422
00:18:23,442 --> 00:18:26,843
This is Victor Panatti, with the
State Attorney General's office.
423
00:18:26,912 --> 00:18:28,072
Good morning.
Jamie Ross.
424
00:18:28,147 --> 00:18:29,774
Jack McCoy.
Hello.
425
00:18:29,848 --> 00:18:33,215
Mr. Panatti wants to know how the
Coburn case is coming along?
426
00:18:34,420 --> 00:18:36,547
One of the cabbies picked
Coburn out of a line-up.
427
00:18:36,622 --> 00:18:37,748
We can tie him to
the murder weapon.
428
00:18:37,823 --> 00:18:39,917
You charged him with
second-degree murder.
429
00:18:39,993 --> 00:18:42,518
Is that what you plan to
present to the grand jury?
430
00:18:42,929 --> 00:18:44,055
Yeah.
431
00:18:44,130 --> 00:18:46,655
But you could've found that
out with a phone call.
432
00:18:47,801 --> 00:18:49,166
The governor would
like to see Coburn
433
00:18:49,235 --> 00:18:51,203
tried and convicted
of first-degree murder.
434
00:18:51,271 --> 00:18:52,364
He wants the death penalty?
435
00:18:52,440 --> 00:18:54,635
Two innocent people were
slaughtered over airline tickets.
436
00:18:54,709 --> 00:18:55,971
It seems appropriate.
437
00:18:56,043 --> 00:18:57,374
I'm not sure
the facts support it.
438
00:18:57,445 --> 00:18:58,605
Your investigation
just started.
439
00:18:58,679 --> 00:19:00,375
I'm sure you'll find
some facts that do.
440
00:19:00,449 --> 00:19:04,215
We'll look into it.
Thank you for stopping by.
441
00:19:04,286 --> 00:19:06,516
Thank you, Mr. Schiff.
442
00:19:06,588 --> 00:19:08,385
Mr. McCoy, Miss Ross.
443
00:19:12,327 --> 00:19:14,591
I think Coburn deserves
the death penalty, too,
444
00:19:14,663 --> 00:19:16,597
but I don't know if we can
give them what they want.
445
00:19:16,665 --> 00:19:17,996
They want to look tough.
446
00:19:21,470 --> 00:19:23,962
Yes? Put them through.
447
00:19:25,375 --> 00:19:27,434
This is Adam Schiff.
448
00:19:30,813 --> 00:19:34,681
Say that again. Yes.
449
00:19:34,917 --> 00:19:37,317
Yes, I know where it is.
450
00:19:38,654 --> 00:19:40,622
Tell the driver
I'm coming down.
451
00:19:42,859 --> 00:19:45,488
See what you can come up
with for the governor.
452
00:19:50,300 --> 00:19:53,269
It's a multiple killing.
That puts it in the running for murder one.
453
00:19:53,337 --> 00:19:55,805
The statute's very specific.
454
00:19:55,873 --> 00:19:57,807
Both deaths have
to be intentional.
455
00:19:57,875 --> 00:19:59,137
He meant to kill Susan Beckner
456
00:19:59,209 --> 00:20:00,438
with the bullet
that killed Wexman.
457
00:20:00,512 --> 00:20:02,412
Law 101, intent follows the bullet.
458
00:20:02,480 --> 00:20:05,415
That's one. The other, the
drowning, is not so obvious.
459
00:20:05,483 --> 00:20:07,384
Coburn was firing into a crowd.
460
00:20:07,453 --> 00:20:10,149
If Miss Kaminsky was killed by
a bullet or by dodging one,
461
00:20:10,222 --> 00:20:11,985
we can argue Coburn
has the same liability.
462
00:20:12,057 --> 00:20:14,651
Yeah. And Coburn will
argue that he doesn't.
463
00:20:15,294 --> 00:20:16,420
Talk to the witnesses.
464
00:20:16,495 --> 00:20:19,464
Find out exactly how she
ended up in the water.
465
00:20:23,269 --> 00:20:25,863
I told the police.
We heard shots.
466
00:20:25,938 --> 00:20:28,168
We saw this maniac running
toward us, firing a gun.
467
00:20:28,240 --> 00:20:29,765
We tried to get out of his way.
468
00:20:29,843 --> 00:20:31,777
How close to you
was Miss Kaminsky?
469
00:20:32,045 --> 00:20:33,512
Just about where you are.
470
00:20:33,580 --> 00:20:35,707
Between me and
the edge of the pier.
471
00:20:35,782 --> 00:20:37,750
Was there anybody else near her?
No.
472
00:20:37,818 --> 00:20:39,376
No, I was the closest.
473
00:20:39,453 --> 00:20:41,148
You told the police you
bumped into somebody.
474
00:20:41,221 --> 00:20:43,155
Is it possible it was her?
475
00:20:43,657 --> 00:20:46,888
I've thought about that.
Things were pretty chaotic.
476
00:20:46,960 --> 00:20:49,827
But no, I'm sure it wasn't her.
477
00:20:49,896 --> 00:20:52,229
Did the gunman point
his weapon toward you?
478
00:20:53,434 --> 00:20:55,664
He wasn't shooting right at us.
479
00:20:55,736 --> 00:20:58,762
It was more like he was
shooting in the air.
480
00:21:00,308 --> 00:21:02,139
Ballistics said their
findings are consistent
481
00:21:02,210 --> 00:21:04,178
with Coburn firing in the air.
482
00:21:04,579 --> 00:21:06,877
Which means he didn't
intend to kill them.
483
00:21:06,948 --> 00:21:09,179
He just wanted them
to get out of the way.
484
00:21:09,618 --> 00:21:12,348
He caused the panic which
led to Kaminsky's death.
485
00:21:12,588 --> 00:21:15,183
Hmm. At most it's
depraved indifference.
486
00:21:15,258 --> 00:21:17,089
Murder two. Nice try.
487
00:21:17,694 --> 00:21:19,218
How about this?
488
00:21:19,295 --> 00:21:22,093
It's murder one if a person is
killed in the course of a robbery.
489
00:21:22,165 --> 00:21:23,189
Mmm-hmm.
490
00:21:23,266 --> 00:21:26,030
He paid for the tickets
with a bad check.
491
00:21:26,102 --> 00:21:27,535
That's larceny.
492
00:21:27,837 --> 00:21:29,168
And then he shot Susan Beckner
493
00:21:29,239 --> 00:21:30,797
to prevent her from
depositing the check,
494
00:21:30,874 --> 00:21:33,434
which makes it robbery.
Promising.
495
00:21:34,077 --> 00:21:35,739
We still have to show intent.
496
00:21:35,813 --> 00:21:38,543
If he meant to cover the check
when he gave it to Beckner,
497
00:21:38,616 --> 00:21:41,585
there's no larceny
and no robbery.
498
00:21:41,652 --> 00:21:44,951
He saw his girlfriend that afternoon.
See what he told her.
499
00:21:45,656 --> 00:21:47,089
Should we bring Adam
up to speed on this?
500
00:21:47,157 --> 00:21:48,181
No.
501
00:21:49,093 --> 00:21:51,721
He's at Cedar's Hospital
with his wife.
502
00:21:53,030 --> 00:21:54,292
She had a stroke.
503
00:21:56,934 --> 00:21:58,527
That's all I know.
504
00:21:59,604 --> 00:22:01,765
Hank took me to Saint
Kitts in the summer,
505
00:22:01,840 --> 00:22:03,364
Bali during the monsoons,
506
00:22:03,441 --> 00:22:06,535
London in February.
Always in the off season.
507
00:22:06,611 --> 00:22:08,169
That should've
told me something.
508
00:22:08,246 --> 00:22:09,440
It didn't cost him a dime.
509
00:22:09,514 --> 00:22:12,244
It was all comped by the
local tourist bureaus.
510
00:22:12,317 --> 00:22:13,648
Sounds like a rough time.
511
00:22:13,718 --> 00:22:15,447
It was a waste of time.
512
00:22:15,520 --> 00:22:17,250
My parents were
so happy for me.
513
00:22:17,323 --> 00:22:18,620
They thought he had money.
514
00:22:18,691 --> 00:22:20,421
Apparently so did
Susan Beckner.
515
00:22:20,494 --> 00:22:21,518
You knew he was buying
tickets from her?
516
00:22:21,595 --> 00:22:22,584
Yes.
517
00:22:22,663 --> 00:22:26,030
He did that instead of taking me
to Barneys for a pair of shoes.
518
00:22:26,099 --> 00:22:28,033
I'm sorry.
519
00:22:28,101 --> 00:22:29,932
He told you he was paying
her with a bad check?
520
00:22:30,003 --> 00:22:33,530
Oh, yeah. He wanted me to know
all about his credit problems.
521
00:22:33,607 --> 00:22:36,075
Look, I already went over
this with those detectives.
522
00:22:36,143 --> 00:22:37,906
I didn't know
what Hank was up to.
523
00:22:37,978 --> 00:22:39,343
So he just told
you to wait here
524
00:22:39,413 --> 00:22:40,971
while he went to
Susan Beckner's?
525
00:22:41,048 --> 00:22:43,210
No. I went to Barneys
by myself.
526
00:22:43,284 --> 00:22:45,684
He called me on my cell phone
and told me to meet him.
527
00:22:45,753 --> 00:22:46,879
Where was he calling from?
528
00:22:46,955 --> 00:22:48,388
He didn't say.
529
00:22:51,559 --> 00:22:52,958
We checked
the incoming calls
530
00:22:53,027 --> 00:22:54,358
on his girlfriend's cell phone.
531
00:22:54,429 --> 00:22:56,863
Coburn called her
from your office.
532
00:22:56,931 --> 00:22:59,832
Ooh, does that make my phone
an accessory to murder?
533
00:22:59,901 --> 00:23:01,232
Why was he here?
534
00:23:02,203 --> 00:23:03,762
I booked a charter with him
535
00:23:03,839 --> 00:23:06,467
and he asked me for an
advance on the payment.
536
00:23:06,542 --> 00:23:07,566
How much?
537
00:23:07,643 --> 00:23:11,374
A little over 40,000.
He said he needed the check that day.
538
00:23:11,447 --> 00:23:14,905
He even offered to discount
the fares if I paid him now.
539
00:23:14,984 --> 00:23:15,973
Did you?
540
00:23:16,051 --> 00:23:17,075
Absolutely not.
541
00:23:17,786 --> 00:23:19,981
The tour's not for
another five months.
542
00:23:20,055 --> 00:23:23,024
He gets his money 60 days in advance.
Not a minute sooner.
543
00:23:23,092 --> 00:23:24,081
He knew that?
544
00:23:24,159 --> 00:23:26,652
Of course. That's how
we always do business.
545
00:23:26,731 --> 00:23:28,699
No reason to change now.
546
00:23:29,300 --> 00:23:31,632
How is she doing?
547
00:23:31,702 --> 00:23:33,533
She still hasn't
regained consciousness.
548
00:23:33,938 --> 00:23:35,405
What do the doctors say?
549
00:23:35,473 --> 00:23:37,964
What they always say.
Wait and see.
550
00:23:38,042 --> 00:23:39,168
What'd you come up with?
551
00:23:40,277 --> 00:23:43,041
We can make first-degree
murder work, Adam.
552
00:23:43,114 --> 00:23:45,947
An intentional death during
the commission of a robbery.
553
00:23:46,017 --> 00:23:47,177
What robbery?
554
00:23:47,251 --> 00:23:48,549
The airline tickets.
555
00:23:48,620 --> 00:23:51,214
He used force to keep Beckner
from depositing the check.
556
00:23:51,289 --> 00:23:52,950
Six hours after
he took the tickets.
557
00:23:53,091 --> 00:23:54,786
I wouldn't call that
a continuous act.
558
00:23:54,860 --> 00:23:56,521
According to
People v. Dekle,
559
00:23:56,595 --> 00:23:58,529
it's for a jury
to decide if it is.
560
00:23:58,597 --> 00:24:00,588
Dekle pulled a knife
on a security guard
561
00:24:00,666 --> 00:24:02,190
after he stole a television.
562
00:24:02,267 --> 00:24:03,291
Hardly the same thing.
563
00:24:03,368 --> 00:24:05,461
The robbery statute
specifies
564
00:24:05,537 --> 00:24:08,700
the use of force to compel the
owner of the stolen property to...
565
00:24:08,774 --> 00:24:11,505
To engage in the conduct
566
00:24:11,577 --> 00:24:14,478
which aids in the
commission of the larceny.
567
00:24:16,015 --> 00:24:19,951
Which means pointing a gun into
the face of a bank manager,
568
00:24:20,019 --> 00:24:22,579
forcing him to
open up the safe.
569
00:24:23,322 --> 00:24:26,189
Besides, didn't Coburn
cover that check?
570
00:24:26,259 --> 00:24:27,726
Four days later.
571
00:24:27,827 --> 00:24:31,490
He made no credible attempt to cover
the check until after the shooting.
572
00:24:31,564 --> 00:24:33,089
What attempt did he make?
573
00:24:33,167 --> 00:24:34,635
He hit up
a travel agent
574
00:24:34,703 --> 00:24:36,603
for an advance
on some bookings.
575
00:24:36,671 --> 00:24:39,037
The agent said Coburn had
no reasonable expectation
576
00:24:39,107 --> 00:24:40,540
of getting any money from him.
577
00:24:40,608 --> 00:24:44,044
Forget it. You have a solid
case for murder two.
578
00:24:44,112 --> 00:24:45,977
Go get your indictment.
579
00:24:46,047 --> 00:24:48,572
Adam, we have a pretty
good case for murder one.
580
00:24:48,650 --> 00:24:49,810
I agree.
581
00:24:52,220 --> 00:24:53,983
Before Panatti dropped by,
582
00:24:54,055 --> 00:24:58,493
you were happy to send
Coburn away for 25-to-life.
583
00:24:58,561 --> 00:24:59,960
That's what we're gonna do.
584
00:25:01,497 --> 00:25:04,864
Connect me, please, to Cedar's Hospital.
Thank you.
585
00:25:11,907 --> 00:25:14,740
The governor was sorry
to hear about your wife.
586
00:25:15,311 --> 00:25:17,177
Tell the governor
I appreciate his sending
587
00:25:17,247 --> 00:25:20,148
the Attorney General
to express his concern.
588
00:25:20,217 --> 00:25:21,946
Now what's really on your mind?
589
00:25:22,018 --> 00:25:23,576
This Coburn case.
590
00:25:24,354 --> 00:25:27,084
Seems you didn't get
the governor's message.
591
00:25:27,424 --> 00:25:29,619
Your people are
going for murder two.
592
00:25:29,693 --> 00:25:31,456
That's what the crime warrants.
593
00:25:31,528 --> 00:25:34,861
My people think it fits the requirements
of the death penalty statute.
594
00:25:34,931 --> 00:25:37,764
If you turn the penal law
into a bag of pretzels.
595
00:25:37,834 --> 00:25:42,033
The governor and I agree you should
put the matter before a jury.
596
00:25:42,106 --> 00:25:43,404
Let them decide, Adam.
597
00:25:43,475 --> 00:25:44,567
It's my decision to make.
598
00:25:44,643 --> 00:25:46,508
You have a duty
to apply the law.
599
00:25:46,578 --> 00:25:50,070
If the governor wanted this
statute to cover this crime,
600
00:25:50,149 --> 00:25:51,912
he should've thought of
it when he wrote it.
601
00:25:51,984 --> 00:25:54,748
Coburn fired into a crowd.
He killed innocent people.
602
00:25:54,820 --> 00:25:57,084
It's a heinous act aimed
at the heart of the city.
603
00:25:57,156 --> 00:26:00,854
If I was convinced it was murder
one, that's how I'd prosecute.
604
00:26:03,229 --> 00:26:05,322
Don't dig your heels in, Adam.
605
00:26:06,766 --> 00:26:10,167
I'm flying back to Albany
tomorrow afternoon.
606
00:26:10,236 --> 00:26:12,636
I'll expect to
hear from you by then.
607
00:26:14,574 --> 00:26:16,565
I don't like ultimatums.
608
00:26:17,811 --> 00:26:21,008
The answer's no.
609
00:26:21,080 --> 00:26:23,311
I won't give the grand
jury murder one.
610
00:26:25,152 --> 00:26:26,642
That's unacceptable.
611
00:26:26,720 --> 00:26:30,713
I'm doing criminal justice.
I'm not doing politics.
612
00:26:31,692 --> 00:26:33,455
Good night.
613
00:26:41,268 --> 00:26:45,035
In view of District Attorney
Schiff's reluctance to apply the law,
614
00:26:45,106 --> 00:26:48,598
the governor has invoked his
authority under executive law 63,
615
00:26:48,677 --> 00:26:50,144
and removed him
as the prosecutor
616
00:26:50,212 --> 00:26:52,181
in the case
against Henry Coburn.
617
00:26:52,248 --> 00:26:54,182
Furthermore, the
governor has instructed me
618
00:26:54,250 --> 00:26:56,980
to appoint a special
prosecutor to take over the case.
619
00:26:57,053 --> 00:26:59,419
I've designated Deputy
Attorney General Panatti
620
00:26:59,488 --> 00:27:01,251
to lead
the prosecution team.
621
00:27:01,490 --> 00:27:04,653
Mr. Panatti will seek an
indictment against Mr. Coburn
622
00:27:04,727 --> 00:27:06,319
for murder
in the first degree.
623
00:27:06,395 --> 00:27:07,454
I'll now take
your questions.
624
00:27:07,564 --> 00:27:08,588
One more.
625
00:27:09,366 --> 00:27:10,492
Unbelievable.
626
00:27:10,567 --> 00:27:12,467
Can he do that?
627
00:27:12,870 --> 00:27:14,770
Did it to Johnson
up in the Bronx.
628
00:27:14,838 --> 00:27:16,931
Johnson implied he'd never
seek the death penalty
629
00:27:17,007 --> 00:27:18,474
Under
any circumstances.
630
00:27:18,542 --> 00:27:19,702
This is different.
631
00:27:19,843 --> 00:27:21,003
What will you do?
632
00:27:21,345 --> 00:27:22,812
About what?
633
00:27:22,880 --> 00:27:24,279
Yes?
634
00:27:27,184 --> 00:27:29,585
Yes, I saw the replay
on the news.
635
00:27:30,555 --> 00:27:32,079
I understand.
636
00:27:34,759 --> 00:27:38,320
Yes, 9:00 a.m. Is fine.
See you then.
637
00:27:41,866 --> 00:27:44,926
That was Panatti.
He wants me to help him prosecute Coburn.
638
00:28:00,587 --> 00:28:03,249
No one knows this
case better than you.
639
00:28:03,323 --> 00:28:04,790
And frankly it's been a while
640
00:28:04,858 --> 00:28:06,553
since I've been
in the courtroom.
641
00:28:07,627 --> 00:28:08,719
What would my role be?
642
00:28:08,795 --> 00:28:09,819
Lead attorney.
643
00:28:09,896 --> 00:28:12,888
We both want the same
result for Henry Coburn.
644
00:28:13,333 --> 00:28:16,064
How we get there is
entirely up to you.
645
00:28:16,137 --> 00:28:18,435
I want to discuss it
with Adam Schiff first.
646
00:28:18,506 --> 00:28:20,474
I understand.
647
00:28:20,541 --> 00:28:23,203
Look, I'm as big a fan
of his as the next guy.
648
00:28:23,744 --> 00:28:25,837
When it comes to the death
penalty, he's old school.
649
00:28:25,913 --> 00:28:27,676
He's signed off on
three capital cases
650
00:28:27,748 --> 00:28:28,908
since the statute was passed.
651
00:28:28,983 --> 00:28:31,110
If he wasn't preoccupied
with his other situation,
652
00:28:31,185 --> 00:28:33,483
he'd probably sign off
on this one as well.
653
00:28:34,488 --> 00:28:37,788
I hope I can tell the Attorney
General you're on board.
654
00:28:45,133 --> 00:28:47,294
What's Panatti got you reading?
655
00:28:47,769 --> 00:28:51,466
This is for my own edification.
Robbery, A to Z.
656
00:28:53,909 --> 00:28:56,309
Murder one is tenable, Adam.
657
00:28:56,378 --> 00:28:57,971
Who're you trying to convince?
658
00:28:58,047 --> 00:28:59,207
You do what you have to do.
659
00:28:59,282 --> 00:29:01,147
You're still welcome
to my Scotch.
660
00:29:01,217 --> 00:29:02,411
Thanks.
661
00:29:04,220 --> 00:29:07,280
There's a rumor you wrote
a letter of resignation.
662
00:29:08,892 --> 00:29:13,329
I did. The premise being I'm
getting too old for this nonsense.
663
00:29:14,164 --> 00:29:17,292
Had a nice line in there about
664
00:29:17,368 --> 00:29:20,429
making the justice system
a political piñata.
665
00:29:21,373 --> 00:29:22,897
Had?
666
00:29:22,974 --> 00:29:24,464
I tore it up.
667
00:29:27,112 --> 00:29:29,512
Some things are
out of your hands.
668
00:29:29,581 --> 00:29:32,345
I've got to sit there
and take it. Not this.
669
00:29:33,018 --> 00:29:34,042
What are you gonna do?
670
00:29:34,119 --> 00:29:36,747
I'm gonna take
the governor to court.
671
00:29:41,092 --> 00:29:44,426
He's suing to be reinstated
as prosecutor on the case.
672
00:29:44,897 --> 00:29:45,989
Lots of luck.
673
00:29:46,065 --> 00:29:48,659
From what I've read, the governor's
order isn't subject to review.
674
00:29:48,734 --> 00:29:51,225
He can remove any D.A.,
whenever and wherever.
675
00:29:51,303 --> 00:29:53,362
I guess we'll find out
if that's true.
676
00:29:54,206 --> 00:29:55,537
What about you?
677
00:29:55,608 --> 00:29:57,098
What are you going
to tell Panatti?
678
00:29:58,911 --> 00:30:01,778
There are a hundred good
reasons to take this case.
679
00:30:02,581 --> 00:30:04,447
And one better one not to.
680
00:30:04,518 --> 00:30:07,578
You want to charge up
Hamburger Hill with Adam?
681
00:30:07,821 --> 00:30:10,949
It wouldn't feel right
playing for the other team.
682
00:30:11,024 --> 00:30:13,515
I thought the other team
was Henry Coburn.
683
00:30:14,294 --> 00:30:15,852
This only helps him, Jack.
684
00:30:22,170 --> 00:30:23,194
I've got to go.
685
00:30:23,271 --> 00:30:25,102
You know what
this means, Jamie?
686
00:30:26,174 --> 00:30:28,405
Panatti will be
calling you next.
687
00:30:29,611 --> 00:30:31,738
He already did.
688
00:30:31,814 --> 00:30:33,304
I'm starting to work
with him tomorrow.
689
00:30:40,289 --> 00:30:42,757
The autopsies on
Wexman and Kaminsky.
690
00:30:42,825 --> 00:30:45,123
The meds on Beckner and Jacobs.
691
00:30:45,194 --> 00:30:47,059
Ballistics report.
Bank records.
692
00:30:47,129 --> 00:30:48,323
Okay. You convinced me.
693
00:30:48,397 --> 00:30:51,458
You're ready for trial.
Now can we talk about something else?
694
00:30:51,534 --> 00:30:53,593
Anything you want,
Mr. Axtell.
695
00:30:54,170 --> 00:30:55,831
Well, let's start
with a plea bargain.
696
00:30:57,974 --> 00:30:59,737
Your client's idea?
No.
697
00:31:00,543 --> 00:31:02,636
But if you put something
fair on the table,
698
00:31:02,712 --> 00:31:04,577
I can bring him around.
699
00:31:04,647 --> 00:31:06,012
What do you think is fair?
700
00:31:07,383 --> 00:31:09,283
Well, just between you
and me and this desk,
701
00:31:09,352 --> 00:31:10,843
we all know this
charge of murder one
702
00:31:10,921 --> 00:31:12,047
is a lot of
huffing and puffing.
703
00:31:12,123 --> 00:31:13,715
We don't happen
to agree with that.
704
00:31:13,791 --> 00:31:15,019
Fine.
705
00:31:15,559 --> 00:31:17,322
Say you convict my guy
on murder one.
706
00:31:17,394 --> 00:31:19,658
The governor's already
written my appeal for me.
707
00:31:19,730 --> 00:31:21,755
Removing Adam Schiff
raises all kinds
708
00:31:21,832 --> 00:31:23,595
of due process challenges
to a conviction.
709
00:31:23,667 --> 00:31:24,896
So what do you propose?
710
00:31:24,970 --> 00:31:27,165
Coburn pleads to two counts
of second-degree murder.
711
00:31:27,239 --> 00:31:28,467
He serves 15-to-life.
712
00:31:28,540 --> 00:31:30,007
For two dead and three wounded?
713
00:31:30,075 --> 00:31:31,440
You don't like it,
make me an offer.
714
00:31:31,510 --> 00:31:33,979
We're making no offers,
Mr. Axtell.
715
00:31:34,847 --> 00:31:37,111
This case will be
decided by a jury.
716
00:31:41,521 --> 00:31:45,958
Okay. Pleasure not
doing business with you.
717
00:31:50,429 --> 00:31:53,159
They're gonna beat us over the
head with Mulroy v. Carey.
718
00:31:54,333 --> 00:31:57,064
That's what worked for them
against Johnson in the Bronx.
719
00:31:57,137 --> 00:31:58,900
Mulroy only gives the governor
720
00:31:58,972 --> 00:32:02,533
virtually unfettered discretion
to take over a case.
721
00:32:03,343 --> 00:32:05,334
You're going to hang
your hat on "virtually"?
722
00:32:05,412 --> 00:32:07,710
They could've
said "absolutely."
723
00:32:07,781 --> 00:32:10,875
Take a look at
Klosterman v. Cuomo.
724
00:32:10,951 --> 00:32:12,111
Right.
725
00:32:12,186 --> 00:32:15,155
It upholds the power of the court
to overturn the governor's order.
726
00:32:15,222 --> 00:32:17,157
The courts have the big stick.
727
00:32:17,225 --> 00:32:18,954
We just have to convince
them to swing it.
728
00:32:19,661 --> 00:32:22,494
You have Gaynor v.
Rockefeller in that pile?
729
00:32:27,502 --> 00:32:29,993
We'll give the governor
a little history lesson.
730
00:32:33,943 --> 00:32:35,308
I'm hungry.
731
00:32:35,744 --> 00:32:37,143
Chinese or Italian?
732
00:32:37,213 --> 00:32:38,544
Surprise me.
733
00:32:45,755 --> 00:32:47,586
I'm ordering take-out.
734
00:32:48,658 --> 00:32:50,250
I brought a salad.
735
00:32:53,196 --> 00:32:54,925
How's Mrs. Schiff?
736
00:32:54,998 --> 00:32:56,295
Still on life support.
737
00:33:02,173 --> 00:33:04,107
Opening arguments
in the morning?
738
00:33:05,176 --> 00:33:06,541
Bright and early.
739
00:33:10,514 --> 00:33:13,449
Adam and I'll be across
the street in civil term.
740
00:33:15,820 --> 00:33:17,412
Good luck.
741
00:33:17,488 --> 00:33:19,012
Same to you.
742
00:33:29,101 --> 00:33:30,500
I told him
I'd be cashing the check
743
00:33:30,569 --> 00:33:32,036
first thing Monday morning.
744
00:33:32,104 --> 00:33:33,731
He said, "No problem."
745
00:33:33,805 --> 00:33:35,773
Then he asked what I was
doing Sunday night.
746
00:33:35,841 --> 00:33:38,241
I told him about
the dinner cruise.
747
00:33:38,310 --> 00:33:41,370
What were you prepared to
do if his check bounced?
748
00:33:41,948 --> 00:33:44,712
I would've called the airline
to cancel the tickets.
749
00:33:44,917 --> 00:33:47,716
Then I would've notified the
Travel Agents' Association.
750
00:33:48,322 --> 00:33:51,018
And how would that affect his
ability to conduct business?
751
00:33:51,892 --> 00:33:53,553
It's pretty serious.
752
00:33:53,627 --> 00:33:56,187
He wouldn't have been able to
buy tickets on credit anymore.
753
00:33:56,263 --> 00:33:58,163
He'd have to pay in cash.
754
00:33:58,232 --> 00:33:59,324
Thank you.
755
00:34:03,370 --> 00:34:07,671
Miss Beckner, when my client bought
tickets from you in the past,
756
00:34:07,742 --> 00:34:10,575
he made sure you were
paid in full and on time?
757
00:34:10,712 --> 00:34:12,475
Yes.
So when he gave you that check
758
00:34:12,547 --> 00:34:14,344
that Sunday afternoon,
759
00:34:14,416 --> 00:34:18,182
did you ask him if he had enough
money in his account to cover it?
760
00:34:18,253 --> 00:34:20,312
No.
It didn't occur to me.
761
00:34:20,388 --> 00:34:22,788
You were confident that come Monday
morning, you'd have your money?
762
00:34:22,857 --> 00:34:23,881
Yes.
763
00:34:23,958 --> 00:34:26,222
Because when he had bought
tickets from you in the past,
764
00:34:26,294 --> 00:34:30,322
he made sure you were paid in full and on time.
Isn't that right?
765
00:34:33,302 --> 00:34:34,394
Yes.
766
00:34:35,538 --> 00:34:36,835
Thank you.
767
00:34:37,907 --> 00:34:41,240
The governor has no business
coming into New York County,
768
00:34:41,310 --> 00:34:43,437
telling us how to
prosecute criminals.
769
00:34:44,246 --> 00:34:46,441
That's the district
attorney's job.
770
00:34:46,515 --> 00:34:48,847
That's what I was
elected to do.
771
00:34:49,185 --> 00:34:50,915
The governor's
hijacked this case
772
00:34:51,054 --> 00:34:52,784
from the citizens
of this county.
773
00:34:53,624 --> 00:34:57,025
He made a mistake.
We're here to let him know it.
774
00:34:57,595 --> 00:34:58,687
Thank you.
775
00:34:58,763 --> 00:35:01,357
Mr. Keenan!
Mr. Keenan! Mr. Keenan!
776
00:35:05,269 --> 00:35:07,430
The State Constitution
compels the governor
777
00:35:07,505 --> 00:35:09,769
to ensure the laws be
faithfully executed.
778
00:35:10,141 --> 00:35:12,837
He removed Mr. Schiff to ensure
the death penalty statute
779
00:35:12,910 --> 00:35:15,209
be applied uniformly
throughout the state.
780
00:35:15,280 --> 00:35:19,717
The laws also vest district attorneys
with discretionary authority
781
00:35:19,785 --> 00:35:22,049
to prosecute cases
as they see fit.
782
00:35:22,121 --> 00:35:23,588
Are you implying
that their authority
783
00:35:23,655 --> 00:35:24,815
is greater than the governor's?
784
00:35:24,890 --> 00:35:27,791
I'm saying that Mr.
Schiff's actions were within the law
785
00:35:27,860 --> 00:35:30,055
and in no way justified
the governor removing him.
786
00:35:30,129 --> 00:35:31,756
Well, the governor
doesn't have to justify
787
00:35:31,830 --> 00:35:33,923
or even reveal the
reasons for his actions.
788
00:35:33,999 --> 00:35:37,265
Judge Cardozo said as much
in Saranac Land and Timber.
789
00:35:37,337 --> 00:35:40,773
History does not
support Mr. Tyrell.
790
00:35:40,840 --> 00:35:43,570
Governor Roosevelt
said such state actions
791
00:35:43,643 --> 00:35:48,046
must be predicated on definite
allegations of local misgovernment.
792
00:35:48,114 --> 00:35:51,049
Governors have used this
power only in cases
793
00:35:51,117 --> 00:35:54,018
of broad government corruption
or police misconduct.
794
00:35:54,087 --> 00:35:57,181
All Mr. Schiff did
was charge a defendant
795
00:35:57,257 --> 00:35:59,159
with a lesser count of murder.
796
00:35:59,928 --> 00:36:03,022
Mr. Tyrrell, the governor's
action here does seem unusual.
797
00:36:07,903 --> 00:36:10,838
He practically begged me
to advance him the money.
798
00:36:11,173 --> 00:36:13,733
But he knew that's
not how I do business.
799
00:36:14,176 --> 00:36:16,303
Had he ever asked
for an advance before?
800
00:36:16,378 --> 00:36:19,870
Yes. And I didn't give him
any money then either.
801
00:36:20,483 --> 00:36:21,677
Thank you.
802
00:36:25,755 --> 00:36:28,315
So it's your standard
practice never to pay
803
00:36:28,391 --> 00:36:30,916
for a tour more than
60 days in advance?
804
00:36:30,993 --> 00:36:32,051
Yes.
805
00:36:34,864 --> 00:36:39,597
In 1994, you booked a tour
to the Angkor Wat ruins
806
00:36:39,669 --> 00:36:40,931
through Southeast Adventures.
807
00:36:41,003 --> 00:36:42,527
Is that correct?
Yes.
808
00:36:42,606 --> 00:36:44,938
How far in advance did you
pay for those reservations?
809
00:36:45,008 --> 00:36:47,067
Four months, but I had to.
810
00:36:47,144 --> 00:36:49,339
Access to that area
was restricted.
811
00:36:49,413 --> 00:36:50,539
There was a long waiting list.
812
00:36:50,614 --> 00:36:53,048
Last year you booked a cruise
up the coast of Chile.
813
00:36:53,116 --> 00:36:54,981
When did you have to pay
for those reservations?
814
00:36:55,052 --> 00:36:58,021
Six months. But, again, it
was a special circumstance.
815
00:36:58,088 --> 00:37:01,057
So you do make exceptions
to your business practices?
816
00:37:04,829 --> 00:37:06,558
Yes. Then it wasn't
wholly unreasonable
817
00:37:06,631 --> 00:37:09,533
for my client to think you
might make another exception?
818
00:37:12,972 --> 00:37:14,371
I guess not.
819
00:37:17,343 --> 00:37:18,742
No more questions.
820
00:37:22,181 --> 00:37:23,341
We're in trouble.
821
00:37:23,415 --> 00:37:25,713
Half the jury were nodding
in agreement with Axtell.
822
00:37:25,784 --> 00:37:27,878
Really?
I think you're over-reacting.
823
00:37:27,954 --> 00:37:30,184
There's still a chance Coburn
will take life without parole.
824
00:37:30,257 --> 00:37:31,588
I think we should
make the offer.
825
00:37:31,691 --> 00:37:33,181
That's not gonna happen.
826
00:37:33,260 --> 00:37:34,955
Mr. Panatti,
I can read a jury.
827
00:37:35,028 --> 00:37:36,962
They're not buying
the robbery argument.
828
00:37:37,030 --> 00:37:39,123
Maybe it's you they
don't like, Miss Ross.
829
00:37:39,199 --> 00:37:42,134
Starting tomorrow,
I'll ask the questions.
830
00:37:43,770 --> 00:37:44,794
Fine.
831
00:37:44,871 --> 00:37:47,863
Mulroy v. Carey gives the
governor unfettered discretion
832
00:37:47,941 --> 00:37:50,001
to supersede
a district attorney.
833
00:37:50,077 --> 00:37:53,513
His discretion is virtually
unfettered, Your Honor.
834
00:37:53,581 --> 00:37:58,348
Gaynor v. Rockefeller said the governor
must act within constitutional limits.
835
00:37:58,419 --> 00:38:03,413
Imposing the death penalty to satisfy
political ends hardly meets that standard.
836
00:38:03,491 --> 00:38:06,187
That's just Mr.
Schiff's spin on the governor's motives.
837
00:38:06,260 --> 00:38:07,750
Regardless,
the governor's action
838
00:38:07,828 --> 00:38:09,295
is beyond review by any court.
839
00:38:09,363 --> 00:38:12,162
What if I do reverse
the order, Mr. McCoy?
840
00:38:12,301 --> 00:38:13,859
Wouldn't this court
just be substituting
841
00:38:13,936 --> 00:38:15,426
its own judgment
for the governor's?
842
00:38:15,504 --> 00:38:18,565
I submit that's precisely what
you're supposed to do, Your Honor,
843
00:38:18,641 --> 00:38:19,869
when circumstances warrant.
844
00:38:19,943 --> 00:38:21,501
Your Honor,
if we go down this road,
845
00:38:21,578 --> 00:38:25,241
every discretionary act by the governor
becomes subject to judicial scrutiny.
846
00:38:25,315 --> 00:38:27,215
Your Honor, if I may.
847
00:38:28,484 --> 00:38:32,545
The governor's using his office to
put a man's life in the balance.
848
00:38:33,156 --> 00:38:36,786
He claims his power is
absolute, beyond review.
849
00:38:37,861 --> 00:38:41,729
That's arrogant.
It smacks of royal authority.
850
00:38:41,799 --> 00:38:44,597
I don't think
the Constitution allows it.
851
00:38:44,668 --> 00:38:48,160
And I know the justice
system can't tolerate it.
852
00:38:48,906 --> 00:38:49,930
Your Honor...
853
00:38:50,007 --> 00:38:50,996
Thank you, gentlemen.
854
00:38:51,075 --> 00:38:53,873
You have made your positions
abundantly clear.
855
00:38:53,944 --> 00:38:56,539
I'll hand down my decision
by the end of the week.
856
00:38:58,516 --> 00:38:59,813
When Mr. Veitch
turned me down,
857
00:38:59,884 --> 00:39:01,681
I didn't know what to do.
858
00:39:02,087 --> 00:39:05,284
I thought I could lose everything
if that check bounced.
859
00:39:05,357 --> 00:39:06,949
What did you
finally decide to do?
860
00:39:07,025 --> 00:39:09,960
I had to stop Susan
from going to the bank.
861
00:39:10,161 --> 00:39:12,356
I remembered my
girlfriend had a gun
862
00:39:13,531 --> 00:39:16,932
and I decided to use it.
Not to kill Susan.
863
00:39:17,703 --> 00:39:19,136
Just to wound her.
864
00:39:19,205 --> 00:39:22,800
And you thought of this
after you left Mr. Veitch's office?
865
00:39:23,209 --> 00:39:24,370
Yes.
866
00:39:26,213 --> 00:39:28,044
It was stupid.
867
00:39:28,115 --> 00:39:31,380
But I was desperate.
I didn't mean to steal from Susan.
868
00:39:31,451 --> 00:39:33,078
I didn't mean to kill anybody.
869
00:39:36,456 --> 00:39:37,684
I'm sorry.
870
00:39:39,894 --> 00:39:41,293
I'm very sorry.
871
00:39:43,631 --> 00:39:44,928
Thank you.
872
00:39:45,633 --> 00:39:46,861
No more questions.
873
00:39:50,104 --> 00:39:52,538
Let me see if
I have this straight.
874
00:39:52,840 --> 00:39:58,676
You gave a $32,000
check to Miss Beckner
875
00:39:58,746 --> 00:40:01,910
when you had only $47
in your bank account?
876
00:40:03,285 --> 00:40:06,083
Yes. But I thought I'd have
the money by Monday morning.
877
00:40:06,155 --> 00:40:08,282
And then you asked her where
she was gonna be that night
878
00:40:08,357 --> 00:40:10,052
just to be friendly?
879
00:40:10,392 --> 00:40:11,381
Yes.
880
00:40:11,460 --> 00:40:13,621
When Mr. Veitch
turned you down,
881
00:40:13,696 --> 00:40:17,393
then you suddenly remembered
your girlfriend's gun?
882
00:40:17,466 --> 00:40:18,558
Yes. That's what happened.
883
00:40:18,634 --> 00:40:22,434
In fact, Mr. Coburn, you had it
figured out when you walked into
884
00:40:22,504 --> 00:40:23,801
Susan Beckner's office,
didn't you?
885
00:40:23,872 --> 00:40:24,931
No.
886
00:40:25,008 --> 00:40:28,171
You always intended to defraud
her of those tickets.
887
00:40:28,278 --> 00:40:30,405
You always intended
to use force to do it.
888
00:40:30,480 --> 00:40:31,538
That's not true.
889
00:40:31,614 --> 00:40:33,981
You expect us to
take your word on this?
890
00:40:34,051 --> 00:40:36,281
I don't know.
That's the truth.
891
00:40:36,420 --> 00:40:38,251
You have to believe me.
892
00:40:38,322 --> 00:40:41,052
Can you think of a
reasonable person who would?
893
00:40:47,933 --> 00:40:49,867
Didn't think so.
No more questions.
894
00:40:51,570 --> 00:40:53,367
Redirect, Your Honor.
895
00:40:54,873 --> 00:40:56,738
Mr. Coburn,
you were originally charged
896
00:40:56,808 --> 00:40:58,605
with second-degree murder.
Isn't that right?
897
00:40:58,677 --> 00:40:59,905
Objection. Relevance.
898
00:40:59,978 --> 00:41:02,446
Overruled.
Go ahead, Mr. Coburn.
899
00:41:02,514 --> 00:41:03,674
Yes.
900
00:41:04,015 --> 00:41:06,210
But you were later
indicted for first-degree murder.
901
00:41:06,284 --> 00:41:07,342
Yes.
902
00:41:07,419 --> 00:41:09,354
Do you know why the
charges were changed?
903
00:41:09,422 --> 00:41:10,446
No.
904
00:41:10,823 --> 00:41:13,314
I ask Your Honor to
take judicial notice
905
00:41:13,392 --> 00:41:15,087
that the charges
were changed after
906
00:41:15,161 --> 00:41:18,392
District Attorney Adam Schiff
was removed as prosecutor
907
00:41:18,464 --> 00:41:21,365
by the governor and
replaced by Mr. Panatti.
908
00:41:21,434 --> 00:41:22,696
So noted.
909
00:41:22,802 --> 00:41:24,463
Mr. Coburn,
do you know why
910
00:41:24,537 --> 00:41:26,004
District Attorney Schiff
was removed?
911
00:41:26,072 --> 00:41:29,200
Objection. The witness isn't
qualified to render an opinion.
912
00:41:29,275 --> 00:41:30,299
Sustained.
913
00:41:30,377 --> 00:41:32,402
I ask Your Honor
to take judicial notice
914
00:41:32,479 --> 00:41:35,414
of the sworn affidavit
filed by Mr. Schiff
915
00:41:35,482 --> 00:41:37,040
in his civil action
against the governor.
916
00:41:37,117 --> 00:41:39,278
Objection.
There's no possible relevance.
917
00:41:39,353 --> 00:41:41,982
Mr. Panatti
asked my client
918
00:41:42,056 --> 00:41:44,923
if he knew of a reasonable
person who would believe him.
919
00:41:44,993 --> 00:41:47,894
Mr. Schiff is
a reasonable person.
920
00:41:49,030 --> 00:41:50,861
I think his views are
admissible as rebuttal.
921
00:41:50,932 --> 00:41:53,925
Overruled.
Go ahead, Mr. Axtell.
922
00:41:54,003 --> 00:41:56,870
Petitioner's refusal
to indict defendant
923
00:41:56,939 --> 00:42:00,272
on first-degree murder
led to his removal.
924
00:42:01,143 --> 00:42:03,475
Using his
prosecutorial discretion,
925
00:42:03,546 --> 00:42:06,879
petitioner concluded there
was insufficient evidence
926
00:42:06,949 --> 00:42:12,148
of intent to commit robbery to sustain
a charge of first-degree murder.
927
00:42:15,926 --> 00:42:17,826
I have nothing further.
928
00:42:39,584 --> 00:42:41,347
Judge Barclay's decision.
929
00:42:42,253 --> 00:42:44,721
I don't see
the bottle of champagne.
930
00:42:45,056 --> 00:42:47,354
He deferred to the governor.
931
00:42:47,425 --> 00:42:49,758
The order isn't subject
to judicial review.
932
00:42:49,928 --> 00:42:51,361
He wimped out.
933
00:42:52,531 --> 00:42:55,432
We made waves.
Sometimes that's enough.
934
00:42:56,869 --> 00:42:59,134
They're waiting for me
at the hospital.
935
00:43:09,515 --> 00:43:11,449
Will the
defendant please stand?
936
00:43:14,153 --> 00:43:16,178
On the first count
of the indictment,
937
00:43:16,256 --> 00:43:18,588
murder in the first degree,
how do you find?
938
00:43:20,660 --> 00:43:24,222
We find the defendant,
Henry Coburn, not guilty.
939
00:43:25,900 --> 00:43:28,801
On the second count,
murder in the second degree,
940
00:43:28,869 --> 00:43:31,463
for the death of Todd
Wexman, how do you find?
941
00:43:31,839 --> 00:43:33,204
We find
the defendant guilty.
942
00:43:34,375 --> 00:43:37,105
On the third count,
murder in the second degree,
943
00:43:37,177 --> 00:43:40,340
for the death of Lorna
Kaminsky, how do you find?
944
00:43:40,915 --> 00:43:42,678
We find the defendant guilty.
945
00:43:56,097 --> 00:43:57,997
Always trust the jury.
946
00:44:00,369 --> 00:44:02,633
That should leave the governor
with some nice bite marks
947
00:44:02,705 --> 00:44:04,536
on the seat of his pants.
948
00:44:04,674 --> 00:44:07,235
Coburn's lucky.
He owes you his life.
949
00:44:08,278 --> 00:44:09,870
It was never about Coburn.
950
00:44:09,947 --> 00:44:11,039
Excuse me.
951
00:44:11,515 --> 00:44:13,005
Mr. Schiff.
952
00:44:16,486 --> 00:44:22,015
You did good, both of you.
953
00:44:32,437 --> 00:44:34,928
Come on.
We'll wait for him down the hall.
954
00:44:39,344 --> 00:44:42,074
This is the form.
You sign here.
955
00:44:43,348 --> 00:44:45,043
We hope for the best.