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In the criminal justice system
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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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Police operator 114.
Do you have a police emergency?
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Help me!
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What's wrong with you, ma'am?
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I'm hurt.
Please help me.
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What's your name? Ma'am?
What's your name?
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I need a two-seven
car for a possible 54.
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Two-seven Charlie.
You have the location?
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260 Beach Street. Four B.
Female call for help.
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Two-seven Charlie,
responding.
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Hello, ma'am, are you there?
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Are you there?
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Looks like she
got it right here.
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Then crawled to the phone, and died.
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Who is she?
I don't know.
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She doesn't live
in the building.
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Who lives here?
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Mr. Evans and Ms. Posner.
Professional couple.
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She's a lawyer, he's a professor.
Writes books.
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"Charles Evans,
Small Fortunes.
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"A New York Times
Best Novel of the Year."
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He gave me one.
Didn't make any sense.
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So, what do you got?
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Joni Timberman. Driver's license.
Health club. Photo of a cat.
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Cranial fractures?
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Looks like.
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Clothes all in order.
No indication of sexual assault.
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How'd she get in here?
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This key was in
her coat pocket.
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It fits the front door.
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And you don't know who she is?
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Well, she must have been a friend of Mr.
Evans or Ms. Posner.
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And where are they now?
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She was around yesterday.
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I saw him with a suitcase,
day before, Friday.
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Somebody picked him up in a car.
He said he'd be back tonight.
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Detectives,
we got something outside.
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In the dumpster.
Right on top.
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That could be blood.
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Looks like a Giacometti.
If it is, it's valuable.
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And heavy. I bet it
packs a hell of a wallop.
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Yes, I know Joni Timberman.
She's an editor at East River Press.
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She work with your husband?
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Charles? We're not married.
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Yes, she's been his editor
for the last few months.
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Could this wait until I
put my briefcase down,
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get a cup of coffee?
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Ms. Timberman's
been murdered.
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Oh, my God. The poor girl.
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In your apartment.
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What?
Last night.
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We've been looking
for you and Mr. Evans.
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Well, he went to a Faulkner
Symposium at Vassar.
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Maybe he stayed over there.
Just let me try to call him.
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Just a minute
and we can all talk to him.
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Now, we understand
he was due home last night.
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Well, so he stayed over.
I hope.
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Ms. Posner, you mind telling
us where you were last night?
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Me? I was in Croton at our country
house doing a corporate tax return.
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I just drove in.
What happened to Joni, exactly?
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Were you by yourself?
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Yes. What was she doing
at our apartment?
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Why won't you tell
me what happened?
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She was hit on the head
and she died.
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We were hoping you could tell
us what she was doing there.
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I have no idea.
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She had a key.
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She did? Maybe Charles
could've given her one.
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Your stay in Croton, did Mr.
Evans know you were gonna be there last night?
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And you think that he arranged an
assignation with Joni Timberman?
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I have lived with Charles for three years.
That is not possible.
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Excuse me.
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Latent couldn't lift any
prints off the sculpture,
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but it is the murder weapon.
Blood matches the victim's.
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You find out what she was
doing in that apartment?
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The lady of the house
is dumbfounded.
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Could be she shows
up to work with Evans,
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some mope off the street
follows her inside.
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A book editor on
a Sunday night house call?
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Evans' girlfriend says there couldn't
possibly have been any hanky-panky.
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Yeah, right.
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Van Buren.
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Thanks.
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The wandering
professor just got home.
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Why can't I get
into the apartment?
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Well, we're still sorting through
a few things, professor.
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We understand you were
due back last night?
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Yeah, well, the symposium ran late.
I missed the last train.
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I stayed at
a friend's house in Rhinebeck.
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Well, we'll have to confirm
that with your friend.
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He wasn't there.
He came back to the city ahead of me.
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Is there anybody who can place
you in Rhinebeck last night?
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You can't be serious.
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Here's my train ticket. Call Grand Central.
It arrived an hour ago.
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Ms. Timberman was killed
with a piece of sculpture.
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About three feet long, bronze.
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She was hit with it?
Just inside the door.
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I inherited that
piece from my father.
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Where is it?
Crime lab.
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Will I get it back?
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Ms. Timberman meant
that much to you, huh?
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I liked and respected her.
I'm sorry she's dead.
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Forgive me if I don't show it like
some other people you deal with.
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You "liked and respected"?
Is that all?
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That's a lot.
I don't like and respect many people.
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So she was special to you?
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Not in the way
you're insinuating.
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Then why'd you
give her your key?
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I didn't give her the key.
I left it for her over the door.
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She wanted to pick up a
manuscript I'd just finished.
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Joni was a very
enthusiastic editor.
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She started as my assistant
right out of Brown.
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She didn't have any family in
New York, so mine adopted her.
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Christmas, Thanksgiving.
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When was the last time
you spoke to her?
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Saturday afternoon.
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She wanted a second printing
of a literary novel.
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She knew if we had more books
out, we'd promote more.
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She talked me
into it, as usual.
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Anything else?
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Well, she said she'd be at a Book
Critics' awards dinner that night.
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One of her authors was nominated.
But she didn't show.
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And you don't know why?
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I never talked to her again.
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Did she have a boyfriend?
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Well, I don't know
of anyone special.
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Money problems?
No.
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Angry or rejected authors?
Did she use drugs?
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No.
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She's too smart and ambitious.
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She wanted her own imprint.
She would have had it.
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With Charles Evans' help?
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His next book
could be the big one.
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Well, we've all been looking
forward to it for two years.
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His girlfriend told us Ms.
Timberman had only been his editor for a few months.
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That's right.
He'd been with Timothy Stevens.
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But, well, he switched.
The request came from his agent.
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You think Charles was banging
Joni Timberman?
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What do you think?
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I think she was the smartest
editor at East River.
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She appreciated literature, and
she understood the market.
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An author's dream.
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Charles thought enough of her
to switch after three books.
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And just as he was
ready to break out.
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His next novel is terrific.
A mock-memoir about incest.
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Was changing editors
your idea or Evans'
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Hers.
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Joni called me to see if Charles
was interested in making the move.
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Away from another editor in her company?
Is that how publishing plays?
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Don't you steal good cases
from other detectives?
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I try to get
them to steal mine.
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How did Evans' old editor
like being poached?
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He didn't like it.
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Timothy said, "If I went through
with it, I'd be dead in this town."
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00:08:01,635 --> 00:08:02,795
Could he ruin your career?
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That little pisher?
Not unless he shot me.
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I spot a short story
in a literary quarterly,
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track down the writer,
get him an advance,
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nurse him through two
or three gem-like books
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that sell 4,000 copies.
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He's finally ready to go uptown
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and suddenly it's Joni
Timberman to the rescue.
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And that's the way it went
with Charles Evans?
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00:08:20,286 --> 00:08:24,417
Charles Evans and Jeffrey Weiss
and Josh Fields. Ingrates.
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I used to treat them
to editorial lunches
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so they could take the
leftovers home for dinner.
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And what did Joni Timberman do?
Buy them extra desserts?
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The world's
greatest editor, right?
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Literary yet commercial.
Sensitivity plus dollars.
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Well, that's what we heard.
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Did you also hear she offered
some authors services
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only a female
editor could provide?
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Is that a fact?
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Not one I can prove.
But it would explain a few things.
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Just for the record,
where were you last night?
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Home. Alone.
Reading the Kenyon Review.
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I was talking to my
rabbi all morning about
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why bad things
happen to good people.
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00:09:01,227 --> 00:09:03,491
Thirty years on the job
and I couldn't tell you.
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Aren't you novelists supposed
to have all the answers?
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00:09:06,165 --> 00:09:10,101
Not since Henry James.
You must read a lot of old books, Detective.
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Zane Grey.
He knew what was going on.
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Mr. Weiss,
we were wondering about
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00:09:15,275 --> 00:09:17,333
your relationship
with Joni Timberman.
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Close.
Joni was a wonderful editor.
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00:09:21,881 --> 00:09:23,815
She helped me find my voice.
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Timothy Stevens
didn't know where to look?
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00:09:27,386 --> 00:09:32,153
He's smart, but my writing
objectifies emotions.
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I needed an editor
with an emotional compass.
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00:09:35,661 --> 00:09:39,893
So you and Joni Timberman, your
emotions just sort of meshed?
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00:09:40,833 --> 00:09:44,667
I'm gay.
Our emotions meshed.
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The other parts
weren't compatible.
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00:09:47,940 --> 00:09:51,876
How did Timothy Stevens feel
when you dropped him for Ms. Timberman?
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00:09:51,944 --> 00:09:53,468
His feelings were hurt.
199
00:09:53,546 --> 00:09:58,074
How did he act? Did he make any threats?
Just predictions.
200
00:09:58,884 --> 00:10:02,820
He said Joni wouldn't know how to
find marketing support for my book.
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00:10:02,888 --> 00:10:04,185
He was wrong.
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00:10:04,256 --> 00:10:05,984
What else did he
say about Joni?
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00:10:06,125 --> 00:10:07,854
I don't know.
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00:10:09,895 --> 00:10:13,092
She told me he'd followed her
home from work one night.
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00:10:13,165 --> 00:10:15,133
They had some
kind of an argument.
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00:10:16,035 --> 00:10:17,832
She was very upset.
207
00:10:19,004 --> 00:10:23,703
My husband and I live upstairs.
Joni used to bring us books.
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00:10:23,776 --> 00:10:26,336
History for Mr. Krinsky.
Mystery for me.
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00:10:26,912 --> 00:10:29,505
I'm taking care of the cat.
Poor thing.
210
00:10:29,981 --> 00:10:31,779
You ever see this guy
hanging around here?
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00:10:31,851 --> 00:10:34,581
Yeah.
Who is that? A boyfriend?
212
00:10:35,221 --> 00:10:36,518
What makes you say that?
213
00:10:36,589 --> 00:10:40,286
I saw him arguing with Joni in
front of the building last week.
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00:10:40,359 --> 00:10:44,523
I couldn't hear the words, but it
looked like boyfriend-girlfriend.
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00:10:44,597 --> 00:10:46,224
I have a sixth sense
for these things.
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00:10:46,298 --> 00:10:48,163
Did Joni ever talk to you
about her personal life?
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00:10:48,234 --> 00:10:50,361
I tried to fix her up
with my nephew once.
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00:10:50,436 --> 00:10:53,199
She made an excuse.
He's a dentist.
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00:10:53,505 --> 00:10:56,030
We'll give you back the key
as soon as we finish. Oh.
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00:10:57,910 --> 00:11:00,435
Timothy and Joni?
I don't think so.
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00:11:00,513 --> 00:11:01,741
Come on, Rey.
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00:11:01,814 --> 00:11:05,306
She's got a sixth sense about these things.
She wouldn't make this up.
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00:11:05,384 --> 00:11:08,410
Anything?
About 6,000 books.
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Where'd she get the time
to read all these things?
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00:11:10,756 --> 00:11:14,715
Looks like she had a little spare time.
Diaphragm.
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00:11:16,427 --> 00:11:19,988
"What you need to know before
starting to take the pill."
227
00:11:21,132 --> 00:11:23,123
Suspenders and a belt.
228
00:11:27,306 --> 00:11:28,295
Oh!
229
00:11:28,474 --> 00:11:30,999
I was just waiting to see
if you needed anything else.
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00:11:31,076 --> 00:11:32,941
Tell me something,
is that a new lock?
231
00:11:33,012 --> 00:11:37,346
Joni had that put in
last week. It cost $200.
232
00:11:37,416 --> 00:11:39,679
I guess she was
worried about something.
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00:11:40,785 --> 00:11:43,083
You follow her home
and argue with her.
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00:11:43,221 --> 00:11:45,553
The next day she
has a new lock.
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00:11:45,623 --> 00:11:47,352
What did you say
to her, Timothy?
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00:11:47,425 --> 00:11:49,656
I didn't follow her.
We bumped into each other by chance.
237
00:11:49,728 --> 00:11:53,721
Yeah? Eight million people in this city.
That's quite a coincidence.
238
00:11:53,799 --> 00:11:55,494
I was going to a restaurant
in her neighborhood.
239
00:11:55,568 --> 00:11:57,729
How about Sunday afternoon?
240
00:11:57,803 --> 00:12:00,431
Did you bump into her again
outside of Evans' loft?
241
00:12:00,506 --> 00:12:02,064
I told you.
I was home that night.
242
00:12:02,141 --> 00:12:03,164
Yeah. Alone.
243
00:12:03,608 --> 00:12:04,632
Doing my job.
244
00:12:04,709 --> 00:12:09,009
Joni Timberman was kicking your ass at
your job, and you couldn't take it.
245
00:12:10,048 --> 00:12:11,106
Give me a break.
246
00:12:11,182 --> 00:12:13,616
The only way you could justify
losing out to her was to make up
247
00:12:13,685 --> 00:12:15,984
that story about her
seducing your writers.
248
00:12:16,055 --> 00:12:19,491
Joni wasn't screwing them, Timothy.
They were screwing you.
249
00:12:19,558 --> 00:12:22,026
I saw Charles Evans'
hand under her blouse.
250
00:12:22,094 --> 00:12:23,686
I don't think he
was looking for typos.
251
00:12:23,762 --> 00:12:25,593
Why didn't we hear this before?
252
00:12:25,664 --> 00:12:27,563
Charles needs a new editor now.
253
00:12:27,632 --> 00:12:29,600
I'd rather have him writing
than fending off the police.
254
00:12:29,667 --> 00:12:32,431
He needs a new editor
because his old one is dead.
255
00:12:32,503 --> 00:12:33,697
It's called a motive.
256
00:12:33,771 --> 00:12:35,136
If I killed every
editor I competed with,
257
00:12:35,406 --> 00:12:37,431
this would be a pretty
small literary community.
258
00:12:37,508 --> 00:12:40,945
Yeah. Timothyville.
You'd like that, wouldn't you?
259
00:12:41,013 --> 00:12:42,378
This is insane.
260
00:12:42,982 --> 00:12:44,074
If I'd wanted to kill Joni,
261
00:12:44,149 --> 00:12:45,582
I could have killed
her Saturday afternoon
262
00:12:45,651 --> 00:12:47,278
in the convenience
of my own office.
263
00:12:47,620 --> 00:12:48,780
We were both working,
264
00:12:48,854 --> 00:12:51,583
and she borrowed my advance
copy of the spring catalogue.
265
00:12:51,656 --> 00:12:54,591
What did you say to her, Timothy?
Did you threaten her again?
266
00:12:54,659 --> 00:12:58,322
I said, " There's the catalogue.
Bring it back when you're done."
267
00:12:58,396 --> 00:13:01,832
If you don't believe me, ask my assistant.
She was outside the door.
268
00:13:02,901 --> 00:13:04,664
It was pretty intimidating.
269
00:13:04,736 --> 00:13:06,602
Joni was only a couple
of years older than me,
270
00:13:06,672 --> 00:13:08,537
and she was practically
running this place.
271
00:13:08,607 --> 00:13:11,770
I gather your boss
was a little intimidated, too.
272
00:13:11,844 --> 00:13:14,004
I'm trying to get reassigned.
273
00:13:14,078 --> 00:13:16,512
He's not really interested
in training new editors.
274
00:13:16,581 --> 00:13:18,947
Did you see him with Joni
Timberman Saturday afternoon?
275
00:13:19,017 --> 00:13:22,214
Yeah. She went into his office.
I didn't hear what they said,
276
00:13:22,287 --> 00:13:24,847
but after a few minutes,
Joni came running out.
277
00:13:24,923 --> 00:13:26,481
She was pale white.
278
00:13:26,557 --> 00:13:28,582
Was it something
Stevens said or did?
279
00:13:29,127 --> 00:13:30,651
Maybe that, too.
I don't know.
280
00:13:30,728 --> 00:13:32,492
What do you mean, "that, too"?
281
00:13:32,798 --> 00:13:35,631
I saw her in the ladies' room
a few minutes later.
282
00:13:35,701 --> 00:13:38,362
She was having
a woman's problem.
283
00:13:38,436 --> 00:13:41,530
Bleeding. Took 20
minutes for it to stop.
284
00:13:42,907 --> 00:13:45,205
I don't think Timothy
was responsible for that.
285
00:13:45,276 --> 00:13:48,074
No. I want to talk to
Timberman's gynecologist.
286
00:13:48,146 --> 00:13:50,046
The diaphragm and
the pill pamphlet.
287
00:13:50,114 --> 00:13:53,015
A girl might change her birth control
after she's had an accident.
288
00:13:53,084 --> 00:13:54,449
You think she was pregnant?
289
00:13:54,519 --> 00:13:57,853
The heavy bleeding?
I think she had an abortion.
290
00:14:01,960 --> 00:14:04,155
I can't just give you
a patient's history.
291
00:14:04,228 --> 00:14:05,889
She was murdered, Doc.
292
00:14:05,964 --> 00:14:08,626
You want us to wait in line in
Surrogate Court for an order
293
00:14:08,700 --> 00:14:11,362
while her killer walks around
town drinking cappuccinos?
294
00:14:11,436 --> 00:14:14,337
You think it was someone she
was intimately involved with?
295
00:14:14,405 --> 00:14:17,431
She wasn't mugged.
She wasn't a drug dealer.
296
00:14:17,508 --> 00:14:20,170
In cases like this,
it's usually somebody close.
297
00:14:21,012 --> 00:14:22,274
Did you meet the guy?
298
00:14:22,347 --> 00:14:24,509
No. She came in for
the procedure alone.
299
00:14:24,750 --> 00:14:28,879
Not too many of my patients do.
She never mentioned a name.
300
00:14:29,354 --> 00:14:32,118
How about the pregnancy test?
Did she come in alone for that, too?
301
00:14:32,190 --> 00:14:34,954
Yes. And she was
more shaken up by that.
302
00:14:35,293 --> 00:14:40,128
She didn't believe what the home test said.
It wasn't supposed to happen.
303
00:14:40,198 --> 00:14:42,393
She got right on the phone
and called somebody.
304
00:14:42,934 --> 00:14:47,303
Yes. She called me
from the doctor's office.
305
00:14:47,372 --> 00:14:48,999
To say hi?
306
00:14:49,574 --> 00:14:52,543
I won't insult you if
you don't insult me.
307
00:14:52,610 --> 00:14:55,841
She was pregnant.
I was the father.
308
00:14:56,714 --> 00:14:59,842
You told us there was nothing
going on between you two.
309
00:14:59,917 --> 00:15:02,477
I didn't think my relationship
with Joni was your concern.
310
00:15:02,553 --> 00:15:05,021
A witness lies to me,
it's my concern.
311
00:15:05,089 --> 00:15:09,185
Diane didn't know about Joni.
She doesn't know about Joni.
312
00:15:09,927 --> 00:15:12,554
I couldn't count on you
to be discreet, could I?
313
00:15:12,629 --> 00:15:16,122
She doesn't know?
So what're you doing camped out here?
314
00:15:16,200 --> 00:15:20,000
An old friend was kind enough to take
me in while my carpets are redone.
315
00:15:20,071 --> 00:15:24,440
The blood soaked clear
through to the flooring.
316
00:15:26,377 --> 00:15:28,368
Is Ms. Posner
staying here, too?
317
00:15:28,446 --> 00:15:33,543
No. At her house in Croton.
She doesn't mind the commute.
318
00:15:34,485 --> 00:15:36,281
You really think
she didn't know?
319
00:15:36,353 --> 00:15:38,913
Hey, not everybody
runs home and tells, Rey.
320
00:15:38,989 --> 00:15:41,288
Women know these things, Lennie.
They can smell it.
321
00:15:41,359 --> 00:15:43,452
We come down on
her and we're wrong,
322
00:15:43,528 --> 00:15:46,395
we could be breaking up
one very snooty couple.
323
00:15:46,464 --> 00:15:48,796
It might actually ruin
my sleep for minutes.
324
00:15:48,866 --> 00:15:50,800
So, Joni Timberman
has an abortion.
325
00:15:50,935 --> 00:15:52,903
Charles Evans
takes off one way,
326
00:15:52,970 --> 00:15:56,337
his other girlfriend takes off on
her own because she has to work?
327
00:15:56,407 --> 00:15:57,874
Let's find out
how busy she was.
328
00:15:58,676 --> 00:16:01,405
Listen, Jane, I could
really use your help here.
329
00:16:01,478 --> 00:16:03,878
I told you, I never heard
of this Joni Timberman.
330
00:16:03,947 --> 00:16:05,881
And I just work
for Ms. Posner,
331
00:16:05,949 --> 00:16:07,212
we're not exactly girlfriends.
332
00:16:07,285 --> 00:16:10,311
Yeah, but you see her every day.
You know what's going on.
333
00:16:10,388 --> 00:16:13,414
And I got to say, you strike me
as a very perceptive person.
334
00:16:14,392 --> 00:16:15,825
It's a good thing
you're good-looking, honey,
335
00:16:15,893 --> 00:16:17,554
if that's the best
line you can come up with.
336
00:16:17,628 --> 00:16:19,289
Sadly, it is.
337
00:16:19,363 --> 00:16:21,729
All right, so help me out
because I'm pathetic.
338
00:16:21,799 --> 00:16:24,198
How were things going with
Ms. Posner and Mr. Evans?
339
00:16:24,267 --> 00:16:28,135
Vacations in Tuscany, dinner at Elaine's.
She wasn't exactly suffering.
340
00:16:28,205 --> 00:16:30,537
Anything unusual
happen last Friday?
341
00:16:30,607 --> 00:16:34,544
He called in the morning, they talked for a while.
About what, I don't know.
342
00:16:34,612 --> 00:16:36,842
Then she asked me to hold her
calls for about an hour.
343
00:16:36,914 --> 00:16:38,848
Was that unusual?
Not really.
344
00:16:38,916 --> 00:16:42,408
But then she gave me two tickets for Rent.
Saturday night.
345
00:16:42,487 --> 00:16:44,387
Said she couldn't use them.
346
00:16:44,455 --> 00:16:48,254
Wish you'd been around.
I had to take my cousin.
347
00:16:49,259 --> 00:16:50,886
Those tickets are
hard to come by.
348
00:16:51,027 --> 00:16:52,654
That was a major
change in plans.
349
00:16:52,729 --> 00:16:53,889
I just talked to the organizer
350
00:16:53,964 --> 00:16:55,488
of that symposium
Evans went to.
351
00:16:55,565 --> 00:16:57,693
He didn't pre-register,
he just showed up.
352
00:16:57,768 --> 00:17:00,168
And now they're sleeping
in separate bedrooms?
353
00:17:00,238 --> 00:17:01,865
In separate counties.
354
00:17:01,939 --> 00:17:04,305
Well, Evans says they're
still a committed couple.
355
00:17:04,375 --> 00:17:08,402
Nothing like fathering another woman's
child to cement a relationship.
356
00:17:08,479 --> 00:17:10,845
Almost as good as panties
in the glove compartment.
357
00:17:10,915 --> 00:17:13,178
Posner spent the weekend
at her country house?
358
00:17:13,250 --> 00:17:16,708
Take a ride to Westchester.
The dogwoods are in bloom.
359
00:17:21,424 --> 00:17:23,893
We've known Diane ever since
she was a little girl.
360
00:17:23,961 --> 00:17:27,658
She used to come across the
street to sled in our backyard.
361
00:17:27,732 --> 00:17:30,929
Everything pink,
boots to mittens.
362
00:17:31,002 --> 00:17:32,367
Do her parents
still live there?
363
00:17:32,436 --> 00:17:35,529
Walter died.
Evelyn moved to Florida.
364
00:17:36,173 --> 00:17:39,609
Lake Worth, I think.
West Palm Beach.
365
00:17:40,644 --> 00:17:43,408
I want to die up here,
in the snow.
366
00:17:44,281 --> 00:17:47,648
Thank you. Evelyn
gave the house to Diane,
367
00:17:47,717 --> 00:17:50,152
and she lived in it all
the time she was married.
368
00:17:50,221 --> 00:17:51,347
And then she got divorced,
369
00:17:51,422 --> 00:17:54,050
and she just took the boy and
she went back into Manhattan.
370
00:17:54,125 --> 00:17:55,854
I didn't see a kid's
room in her apartment.
371
00:17:55,993 --> 00:17:57,756
He's in boarding school now.
372
00:17:57,828 --> 00:18:01,388
He could have gone to perfectly
good public schools right here.
373
00:18:02,265 --> 00:18:05,063
I don't get it.
What's wrong with the suburbs?
374
00:18:05,135 --> 00:18:09,469
That's what I always say.
Did either of you see Diane last weekend?
375
00:18:09,539 --> 00:18:11,666
Well, she comes up
weekends sometimes,
376
00:18:11,808 --> 00:18:13,969
but never with that
boyfriend of hers.
377
00:18:14,044 --> 00:18:16,411
He told me crickets
give him a headache.
378
00:18:16,480 --> 00:18:19,540
I saw her on Saturday,
in the village.
379
00:18:19,617 --> 00:18:22,676
She walked right by me.
Deep thoughts, I guess.
380
00:18:22,752 --> 00:18:23,741
What about Sunday?
381
00:18:23,820 --> 00:18:28,484
Well, I took over some carrot
bran muffins around dinnertime.
382
00:18:29,059 --> 00:18:30,788
But her car wasn't there.
383
00:18:30,860 --> 00:18:34,455
She must have gone back early
to beat the traffic.
384
00:18:34,531 --> 00:18:38,023
Would you like to have some muffins?
Oh, my goodness.
385
00:18:38,101 --> 00:18:41,299
Your insides are gonna be
thanking you for days.
386
00:18:41,439 --> 00:18:43,999
Mmm! Great muffins.
387
00:18:44,075 --> 00:18:47,134
So, Diane told us she didn't
go back to town till Monday.
388
00:18:47,210 --> 00:18:49,144
Maybe she just
ran out for dinner.
389
00:18:49,212 --> 00:18:51,737
Or back into town to murder
Joni Timberman.
390
00:18:52,482 --> 00:18:55,076
You know, there was a lot of
blood at that crime scene.
391
00:18:55,151 --> 00:18:57,949
Maybe some of it found
its way into her car.
392
00:18:59,889 --> 00:19:01,914
What happens when
Ms. Posner calls for her car?
393
00:19:01,992 --> 00:19:03,926
You tell her it's
in police custody.
394
00:19:03,994 --> 00:19:05,825
She's a lawyer.
She's gonna sue.
395
00:19:05,895 --> 00:19:07,761
That's why we gave you
a copy of the warrant.
396
00:19:07,832 --> 00:19:09,628
This is bad.
397
00:19:09,699 --> 00:19:12,327
Hey, Rey, isn't that
one of those E-ZPasses
398
00:19:12,402 --> 00:19:13,630
they use for going
through the tolls?
399
00:19:13,703 --> 00:19:14,965
Yeah, you ever see
the lines coming back
400
00:19:15,038 --> 00:19:16,266
from a weekend in the country?
401
00:19:16,339 --> 00:19:18,864
On Monday mornings,
I usually take a chopper.
402
00:19:20,010 --> 00:19:24,106
The neighbor, the secretary,
everything's consistent with a break-up.
403
00:19:24,180 --> 00:19:27,149
Forensics are sorting through
hairs and fibers from her car.
404
00:19:27,217 --> 00:19:28,878
So far, no blood.
405
00:19:28,952 --> 00:19:31,820
The E-ZPass log
for Posner's Volvo.
406
00:19:32,523 --> 00:19:34,990
Toll electronically
paid Sunday night, 6:18,
407
00:19:35,058 --> 00:19:37,492
coming through the Henry
Hudson plaza, in-bound.
408
00:19:37,560 --> 00:19:41,018
Nine minutes after 10:00, toll
paid going back to Westchester.
409
00:19:41,731 --> 00:19:43,255
Bring her in.
410
00:19:44,100 --> 00:19:45,965
I've been
an attorney for 14 years,
411
00:19:46,102 --> 00:19:48,002
I've never seen the inside
of a police station.
412
00:19:48,071 --> 00:19:50,539
Well, we try to put
in a few homey touches.
413
00:19:50,607 --> 00:19:54,008
You'll have to try harder.
I'll give you five minutes.
414
00:19:54,077 --> 00:19:57,478
That's all we'll need, if you
tell us the truth this time.
415
00:19:57,547 --> 00:20:00,414
All right. I love Charles.
Charles loves me.
416
00:20:00,483 --> 00:20:03,008
I don't know who killed
Joni Timberman. Okay?
417
00:20:05,555 --> 00:20:09,116
One out of three, Ms. Posner.
In our business, that's not too good.
418
00:20:09,192 --> 00:20:10,955
He dropped you
for another woman.
419
00:20:11,094 --> 00:20:12,857
Oh, here we go.
420
00:20:12,929 --> 00:20:18,765
Joni Timberman had an abortion last week.
Charles Evans was the father.
421
00:20:20,337 --> 00:20:21,530
That's ridiculous.
422
00:20:21,670 --> 00:20:22,898
He admitted it.
423
00:20:24,207 --> 00:20:27,199
Even if it's true, that doesn't
mean he's dropping me.
424
00:20:27,877 --> 00:20:29,276
Take a seat.
425
00:20:29,946 --> 00:20:32,471
So what happened to your
theater plans last weekend?
426
00:20:32,549 --> 00:20:33,914
I had work to do.
427
00:20:34,050 --> 00:20:35,415
So you suddenly had work to do.
428
00:20:35,485 --> 00:20:38,648
And he suddenly had to go
pontificate about William Faulkner.
429
00:20:38,722 --> 00:20:40,519
You're still not
sleeping under the same roof.
430
00:20:40,590 --> 00:20:43,753
We don't need to see each other every
minute to maintain a relationship.
431
00:20:43,827 --> 00:20:45,589
It hurts, I know.
432
00:20:45,661 --> 00:20:48,995
He gave you the news, you
got the hell away from him.
433
00:20:49,065 --> 00:20:50,828
Then you stewed about it,
434
00:20:50,900 --> 00:20:53,334
then you drove back
to try to patch things up.
435
00:20:53,403 --> 00:20:56,736
And who strolls into your apartment?
She does.
436
00:20:57,140 --> 00:20:58,402
I was in Croton.
437
00:20:58,475 --> 00:21:00,033
Well, your car was
in Manhattan.
438
00:21:00,443 --> 00:21:02,377
Do you want to see the toll
records that prove that?
439
00:21:02,445 --> 00:21:04,345
It must have made you crazy
when she walked in.
440
00:21:04,414 --> 00:21:05,676
We can understand that.
441
00:21:05,749 --> 00:21:09,650
You don't understand anything.
I'm going back to my office.
442
00:21:12,154 --> 00:21:13,712
Diane, what's this all about?
443
00:21:13,789 --> 00:21:17,317
This is one of those good
news-bad news things, Ms. Posner.
444
00:21:17,394 --> 00:21:20,886
This is your lawyer.
And we just got a report from forensics.
445
00:21:20,964 --> 00:21:23,558
They found Joni Timberman's
hair in your car.
446
00:21:23,633 --> 00:21:26,261
This interrogation
is over. Now.
447
00:21:26,336 --> 00:21:29,169
Right.
She's under arrest. Lennie.
448
00:21:29,239 --> 00:21:30,672
Diane Posner,
you're under arrest
449
00:21:30,807 --> 00:21:32,239
for the murder
of Joni Timberman.
450
00:21:32,307 --> 00:21:34,502
You have the right
to remain silent.
451
00:21:34,576 --> 00:21:36,134
Anything you do say can and will be...
Charles...
452
00:21:36,211 --> 00:21:38,270
used against you
in a court of law.
453
00:21:43,620 --> 00:21:48,182
"Docket number 45298.
People against Diane Posner.
454
00:21:48,258 --> 00:21:49,520
"Murder in
the Second Degree."
455
00:21:49,592 --> 00:21:50,684
Not guilty, Your Honor.
456
00:21:51,161 --> 00:21:53,220
People on bail.
The defendant is charged
457
00:21:53,296 --> 00:21:55,559
with intentional murder
of her companion's mistress.
458
00:21:55,631 --> 00:21:57,326
The People request remand.
459
00:21:57,399 --> 00:21:59,196
My client is a member
of the bar, Your Honor.
460
00:21:59,268 --> 00:22:01,566
She has no intent
to evade prosecution.
461
00:22:01,637 --> 00:22:03,628
I give my word as
an officer of this court.
462
00:22:03,705 --> 00:22:06,766
This officer of the court
crushed a young woman's skull.
463
00:22:06,843 --> 00:22:09,368
She has assets sufficient
to flee the jurisdiction.
464
00:22:09,446 --> 00:22:11,311
$1 million, cash or bond.
465
00:22:11,381 --> 00:22:13,941
If she has any assets,
she can use them there.
466
00:22:18,655 --> 00:22:20,383
We have her car in Manhattan.
467
00:22:20,456 --> 00:22:22,083
We have
the victim's hair in her car.
468
00:22:22,224 --> 00:22:23,885
How's the motive?
469
00:22:23,959 --> 00:22:26,120
Well, if we can prove Evans
dumped her, everything fits.
470
00:22:26,195 --> 00:22:28,322
But she says he didn't,
and he says he didn't.
471
00:22:28,397 --> 00:22:31,264
He thinks he's protecting her.
Go convince him he's wrong.
472
00:22:34,037 --> 00:22:36,005
All this from nothing.
473
00:22:36,739 --> 00:22:39,264
I never set out
to sleep with Joni.
474
00:22:41,711 --> 00:22:46,647
It wasn't grand passion,
just wine at lunch, you know?
475
00:22:47,483 --> 00:22:49,178
I don't drink at lunch.
476
00:22:49,251 --> 00:22:50,912
And I don't kiss and tell.
477
00:22:52,654 --> 00:22:54,451
Diane didn't know.
478
00:22:55,023 --> 00:22:56,923
Maybe she found
out another way.
479
00:22:56,992 --> 00:23:01,953
Well, she's not one to suffer in silence.
I would have heard about it.
480
00:23:02,031 --> 00:23:05,228
Mr. Evans, we are going to convict
your girlfriend of murder.
481
00:23:05,301 --> 00:23:06,790
How can you if she
didn't kill anybody?
482
00:23:06,935 --> 00:23:08,425
You don't believe that.
483
00:23:08,504 --> 00:23:11,530
You're trying to help her anyway,
but you're only hurting her.
484
00:23:13,542 --> 00:23:17,478
I tell you she knew about Joni,
I tell you she was in a rage.
485
00:23:18,714 --> 00:23:20,579
That helps her?
Yes.
486
00:23:20,649 --> 00:23:23,619
It makes it a crime of passion.
It's a lesser offense.
487
00:23:26,256 --> 00:23:27,416
She's going to jail either way.
488
00:23:27,490 --> 00:23:29,082
The only question
is for how long.
489
00:23:39,067 --> 00:23:42,434
I told her that Friday.
She got hysterical.
490
00:23:43,505 --> 00:23:45,496
It was pathetic.
491
00:23:46,909 --> 00:23:47,967
Pathetic.
492
00:23:51,447 --> 00:23:53,142
I don't believe you.
493
00:23:53,216 --> 00:23:55,809
He told me about the break-up.
He'll tell a jury.
494
00:23:55,884 --> 00:23:56,976
Charles loves me.
495
00:23:57,052 --> 00:23:58,144
He's trying to help you.
496
00:23:58,487 --> 00:23:59,613
Some help.
497
00:23:59,688 --> 00:24:03,351
Even if a jury believes him, a
break-up's a long way from murder.
498
00:24:03,425 --> 00:24:05,985
Fine. Go to trial.
499
00:24:06,061 --> 00:24:08,427
You haven't given
me an alternative.
500
00:24:08,497 --> 00:24:10,795
Given your client's tenuous
emotional state...
501
00:24:10,866 --> 00:24:11,958
My what?
502
00:24:12,100 --> 00:24:13,226
Man one. Maximum sentence.
503
00:24:13,302 --> 00:24:15,134
What tenuous emotional state?
504
00:24:15,271 --> 00:24:17,102
Evans told me how you reacted.
505
00:24:17,906 --> 00:24:19,430
He wrote
the whole scene for you?
506
00:24:19,508 --> 00:24:20,600
We'll get back to you.
507
00:24:20,742 --> 00:24:21,868
I didn't kill her.
508
00:24:21,944 --> 00:24:23,309
Her hair was in your car.
509
00:24:23,378 --> 00:24:26,677
Well, Charles uses my car.
Maybe he took her for a ride.
510
00:24:26,748 --> 00:24:29,080
The E-ZPass records
put you in Manhattan.
511
00:24:29,685 --> 00:24:31,550
An E-ZPass isn't DNA, Jack.
512
00:24:31,620 --> 00:24:35,056
It's more like a
supermarket checkout scanner
513
00:24:35,123 --> 00:24:38,388
which last week charged me
$11 for a quart of milk.
514
00:24:38,460 --> 00:24:40,759
You weren't at your country
house the night of the murder.
515
00:24:41,563 --> 00:24:43,360
Your neighbors
couldn't find you.
516
00:24:44,232 --> 00:24:45,494
Do you want to
know where I was?
517
00:24:45,634 --> 00:24:46,896
Diane, that's it for now.
518
00:24:46,969 --> 00:24:50,234
No. I was visiting
my son at his school.
519
00:24:50,305 --> 00:24:51,329
In Manhattan?
520
00:24:51,473 --> 00:24:52,531
In Connecticut.
521
00:24:53,642 --> 00:24:56,110
I don't understand why I'm
hearing this for the first time.
522
00:24:56,178 --> 00:24:57,873
His mother is
accused of murder.
523
00:24:57,946 --> 00:24:59,243
I didn't want
the police barging into
524
00:24:59,314 --> 00:25:00,576
his history class
to interrogate him.
525
00:25:00,649 --> 00:25:03,174
Can you understand that,
Mr. McCoy?
526
00:25:08,390 --> 00:25:11,848
Austin will be done with
soccer practice in a few minutes.
527
00:25:11,927 --> 00:25:15,590
The other students have seen
the articles about his mother.
528
00:25:15,664 --> 00:25:18,360
We've never had
a situation quite like this.
529
00:25:18,433 --> 00:25:20,663
How's Austin handling it?
530
00:25:20,802 --> 00:25:23,066
He's talking even
less than usual.
531
00:25:23,138 --> 00:25:24,571
We thought it might be best
to send him home.
532
00:25:24,640 --> 00:25:27,905
But home where? To whom?
533
00:25:27,976 --> 00:25:29,033
His father?
534
00:25:29,176 --> 00:25:30,268
Is dead.
535
00:25:30,845 --> 00:25:33,906
Charles Evans?
He's sort of a step-father, isn't he?
536
00:25:33,982 --> 00:25:37,474
I've never met Mr. Evans.
I'm sure he never came to visit.
537
00:25:37,552 --> 00:25:39,179
How about Austin's mother?
538
00:25:39,254 --> 00:25:41,916
Did she visit him the Sunday
before she was arrested?
539
00:25:41,990 --> 00:25:43,457
I don't know.
I didn't see her.
540
00:25:43,525 --> 00:25:45,117
I haven't seen
her since Christmas.
541
00:25:45,360 --> 00:25:46,793
When she picked Austin up?
542
00:25:46,862 --> 00:25:49,387
Well, actually, she just came
to visit for an afternoon.
543
00:25:49,464 --> 00:25:51,762
Austin spent
the holidays with us.
544
00:25:51,833 --> 00:25:56,633
I think his mother accompanied Mr.
Evans to a lecture in Glasgow.
545
00:25:56,704 --> 00:25:58,832
I didn't know schools were
open over the holidays.
546
00:25:58,907 --> 00:26:01,774
Yes. We have some foreign students
who can't conveniently get home
547
00:26:01,843 --> 00:26:05,438
and some American students
in special situations.
548
00:26:05,514 --> 00:26:07,209
I think we can talk to him now.
549
00:26:08,050 --> 00:26:12,612
She picked me up outside the library at 7:00.
We sat in her car and talked.
550
00:26:12,688 --> 00:26:14,121
Did anybody see you with her?
551
00:26:14,256 --> 00:26:15,689
I don't know.
552
00:26:16,223 --> 00:26:17,520
What did you talk about?
553
00:26:17,658 --> 00:26:18,989
Nothing much.
554
00:26:19,060 --> 00:26:20,687
Charles Evans?
555
00:26:20,761 --> 00:26:23,253
No. Mostly about me.
556
00:26:23,331 --> 00:26:26,528
Should I apply for
early decision at Wesleyan.
557
00:26:27,936 --> 00:26:29,870
Do I have to answer
any more of her questions?
558
00:26:29,938 --> 00:26:31,906
Only if you want to, Austin.
559
00:26:31,973 --> 00:26:33,668
Well, I don't want to.
560
00:26:35,343 --> 00:26:38,972
Loving son rallies to
the mother's defense.
561
00:26:39,047 --> 00:26:40,946
He's contradicted
by the E-ZPass.
562
00:26:41,015 --> 00:26:44,951
The E-ZPass won't look loyal and
forlorn on the witness stand.
563
00:26:45,519 --> 00:26:47,282
I did some checking
after the headmaster
564
00:26:47,354 --> 00:26:49,255
told me nobody visits this kid.
565
00:26:49,491 --> 00:26:51,482
Charles Evans moved into
his mother's apartment
566
00:26:51,560 --> 00:26:55,223
and a few days later she ships
the kid off to boarding school.
567
00:26:55,297 --> 00:26:58,824
Not the first teenager
handed a ticket out of town.
568
00:26:58,900 --> 00:27:00,299
Up until then,
he lived with his mother
569
00:27:00,435 --> 00:27:01,868
and attended
school in the city.
570
00:27:01,937 --> 00:27:03,665
No record of any problems.
571
00:27:03,738 --> 00:27:05,968
You think Evans is behind it?
572
00:27:06,040 --> 00:27:07,940
"If you want me, you've got
to get rid of the kid."
573
00:27:08,008 --> 00:27:10,476
The guy's got an ego
the size of Central Park.
574
00:27:10,544 --> 00:27:13,980
He wrote a first-person novel about
his favorite bodily functions.
575
00:27:14,048 --> 00:27:15,641
You read it?
576
00:27:15,717 --> 00:27:17,617
My ex thought it was great.
577
00:27:19,020 --> 00:27:22,148
If she'd throw out her
own son to please Evans,
578
00:27:22,224 --> 00:27:24,886
makes it easier to believe that
she'd murder to keep Evans.
579
00:27:24,960 --> 00:27:27,519
Lf. How are you
gonna prove that?
580
00:27:27,595 --> 00:27:28,926
Their friends won't talk.
581
00:27:28,996 --> 00:27:31,760
But I've got a lead on
Posner's former housekeeper.
582
00:27:32,032 --> 00:27:36,128
She was beautiful, she was smart.
I never understood it.
583
00:27:36,203 --> 00:27:38,899
I gather Charles Evans
was considered quite a catch.
584
00:27:38,973 --> 00:27:41,465
Oh, yeah, yeah.
Big-time writer.
585
00:27:41,610 --> 00:27:44,135
He put out his
cigarettes in the china.
586
00:27:44,946 --> 00:27:46,436
How'd he get along with Austin?
587
00:27:46,515 --> 00:27:48,176
He never talked to the boy.
588
00:27:48,450 --> 00:27:50,883
It was terrible,
she sent him away.
589
00:27:51,018 --> 00:27:53,486
He was only 13.
He didn't want to go.
590
00:27:53,554 --> 00:27:56,114
Evans made her do it?
He didn't make her.
591
00:27:56,190 --> 00:27:58,420
To be with that man,
she wanted to.
592
00:27:58,492 --> 00:28:03,156
She could have had 100 men.
She only had one child.
593
00:28:04,932 --> 00:28:08,699
My son called me.
I want you to leave him alone.
594
00:28:08,770 --> 00:28:10,601
Like you do, Ms. Posner?
595
00:28:10,739 --> 00:28:12,570
I don't know what you mean.
596
00:28:12,641 --> 00:28:15,837
Your son is in an empty
school celebrating Christmas
597
00:28:15,910 --> 00:28:17,502
with kids from Hong Kong
598
00:28:17,578 --> 00:28:20,308
while you're hanging off the
lapels of Charles Evans.
599
00:28:20,381 --> 00:28:22,975
How I raise my son
is my business.
600
00:28:23,050 --> 00:28:27,680
And Charles Evans' business.
I gather he doesn't like children.
601
00:28:27,755 --> 00:28:29,279
Charles is a very busy man.
602
00:28:29,356 --> 00:28:31,848
He's written three novels
in the past five years.
603
00:28:31,927 --> 00:28:33,121
What's this about?
604
00:28:33,195 --> 00:28:36,631
Are you adding a count of bad
parenting to the murder indictment?
605
00:28:36,698 --> 00:28:39,063
She can still
plead to manslaughter.
606
00:28:39,133 --> 00:28:42,193
I told you. I am not
pleading to anything.
607
00:28:42,269 --> 00:28:45,295
And you're going to put your son
on the stand as your alibi?
608
00:28:46,740 --> 00:28:48,264
If I have to.
609
00:28:48,809 --> 00:28:50,640
You throw him out,
you neglect him,
610
00:28:50,778 --> 00:28:52,643
and now you want to
use him to lie for you.
611
00:28:52,713 --> 00:28:55,614
It's not a lie.
I didn't kill Joni Timberman.
612
00:28:55,683 --> 00:28:58,653
If you go to trial
and put him on the stand,
613
00:28:58,787 --> 00:29:01,779
I'm going to have
to go after him.
614
00:29:02,523 --> 00:29:06,425
I'm sure that wouldn't bother Charles Evans.
But doesn't it bother you?
615
00:29:09,230 --> 00:29:12,461
Our witness list. I think we should
start with the 911 operator.
616
00:29:12,533 --> 00:29:15,195
You take Evans.
It'll help with the female jurors.
617
00:29:15,269 --> 00:29:17,999
And I want you to cross
Posner if she testifies.
618
00:29:18,072 --> 00:29:20,267
I can't believe she'd
put her son through it.
619
00:29:20,341 --> 00:29:23,470
She sacrificed him before.
The stakes are higher now.
620
00:29:23,545 --> 00:29:26,775
You should see this kid, Jack.
He's miserable, and he's a lousy liar.
621
00:29:29,516 --> 00:29:30,778
McCoy.
622
00:29:33,254 --> 00:29:34,744
How is she?
623
00:29:36,523 --> 00:29:37,785
We're coming.
624
00:29:39,159 --> 00:29:42,754
Diane Posner just tried to
hang herself with a bed sheet.
625
00:29:47,101 --> 00:29:49,763
A guard found her
as the noose was tightening.
626
00:29:49,837 --> 00:29:51,896
A minute more,
we'd be talking over and out.
627
00:29:51,972 --> 00:29:53,132
How is she?
628
00:29:53,274 --> 00:29:54,434
Minor neck abrasions.
629
00:29:54,508 --> 00:29:59,104
She's under a suicide watch and she
sees a psychiatrist in the morning.
630
00:29:59,179 --> 00:30:03,639
This was in her cell.
Addressed to a Charles Evans.
631
00:30:03,717 --> 00:30:05,184
Is that the writer?
Thank you, Doctor.
632
00:30:05,252 --> 00:30:06,947
I'll see that it's
returned to my client.
633
00:30:07,021 --> 00:30:08,420
Well, there was
one for her son, too.
634
00:30:08,555 --> 00:30:09,988
And he was here
a little while ago.
635
00:30:10,057 --> 00:30:12,525
I gave it to him.
Was that wrong?
636
00:30:13,059 --> 00:30:14,857
We'll need to get it back.
This one, too.
637
00:30:14,995 --> 00:30:16,792
Not without a court order.
638
00:30:16,864 --> 00:30:18,923
You know it's evidence.
It could be a confession.
639
00:30:18,999 --> 00:30:22,730
Right now, all I know is it's
Diane Posner's property.
640
00:30:22,803 --> 00:30:24,293
You're not leaving with that.
641
00:30:24,905 --> 00:30:25,929
Are you going to stop me?
642
00:30:26,006 --> 00:30:28,702
This is a jail.
There are bars on the doors.
643
00:30:28,776 --> 00:30:31,404
Why don't we deposit it with the court?
We'll put it in an envelope,
644
00:30:31,478 --> 00:30:34,470
we'll seal it up, and we'll walk
it over to the judge together.
645
00:30:40,888 --> 00:30:45,052
Mr. McCoy represents the power of the
state, but he is not Big Brother.
646
00:30:45,125 --> 00:30:49,357
He is not entitled to see Ms.
Posner's personal correspondence,
647
00:30:49,430 --> 00:30:51,421
written at a moment
of emotional crisis.
648
00:30:51,498 --> 00:30:54,797
With all due respect, her
emotional state is not an issue.
649
00:30:54,868 --> 00:30:58,031
Ms. Posner is
a prisoner at Rikers Island.
650
00:30:58,105 --> 00:31:00,766
As such, she has only a limited
expectation of privacy
651
00:31:00,840 --> 00:31:02,273
for correspondence
or anything else.
652
00:31:02,342 --> 00:31:06,040
The courts have limited
expectations, not eviscerated them.
653
00:31:06,113 --> 00:31:07,375
In Wolff v. McDonnell,
654
00:31:07,448 --> 00:31:09,040
a prisoner is
not wholly stripped
655
00:31:09,183 --> 00:31:10,810
of constitutional protections.
656
00:31:10,884 --> 00:31:15,048
So it's reasonable for her to
expect privacy in her prison cell?
657
00:31:15,122 --> 00:31:16,919
I was writing to
people that I love.
658
00:31:16,991 --> 00:31:19,016
I thought that I was never
going to see them again.
659
00:31:19,093 --> 00:31:21,288
Nobody else was supposed
to see what I wrote.
660
00:31:21,362 --> 00:31:23,353
Ms. Posner's
intent is not relevant.
661
00:31:23,497 --> 00:31:25,521
If it's reasonable, it is.
662
00:31:25,598 --> 00:31:28,624
Rikers' has a policy not to
open prisoners' outgoing mail.
663
00:31:28,701 --> 00:31:31,796
My client was aware of that
policy and relied on it.
664
00:31:31,872 --> 00:31:35,865
This was not outgoing mail.
These letters were not stamped or sealed.
665
00:31:35,943 --> 00:31:38,173
Aren't we getting
a little over-technical here?
666
00:31:38,245 --> 00:31:40,736
If we are,
so did the Court of Appeals.
667
00:31:40,814 --> 00:31:42,577
In People v.
Garofolo, it ruled
668
00:31:42,649 --> 00:31:45,117
that " no expectation
of privacy" attaches
669
00:31:45,252 --> 00:31:47,719
to unsealed letters in
a prison environment.
670
00:31:49,022 --> 00:31:51,513
The case appears to be directly
on point, Ms. Diamond.
671
00:31:51,591 --> 00:31:53,752
Please don't let
them read them.
672
00:31:53,826 --> 00:31:54,815
Your Honor...
673
00:31:54,894 --> 00:31:58,592
You want to ask the Court of Appeals
to reconsider, be my guest.
674
00:31:58,665 --> 00:32:02,328
In the meantime, the letters
go to the District Attorney.
675
00:32:03,604 --> 00:32:05,071
What is this supposed to mean?
676
00:32:05,139 --> 00:32:06,800
It's a subpoena for
your mother's letter.
677
00:32:07,107 --> 00:32:08,404
I'm not giving it to you.
678
00:32:08,742 --> 00:32:09,868
You have to, Austin.
679
00:32:09,943 --> 00:32:12,172
It's personal.
Between my mother and me.
680
00:32:12,245 --> 00:32:13,542
It might be
evidence in a crime.
681
00:32:13,613 --> 00:32:15,478
And I really don't have to
discuss this with you.
682
00:32:15,548 --> 00:32:17,812
Well, I don't have it anyway.
I burned it.
683
00:32:18,751 --> 00:32:22,710
Fine. Then we won't find it when we
get a warrant and search your room.
684
00:32:24,558 --> 00:32:26,549
Mr. Dalton,
do I really have to let them?
685
00:32:26,693 --> 00:32:28,684
I think you do, Austin.
686
00:32:37,236 --> 00:32:39,136
Where's my confession?
687
00:32:39,205 --> 00:32:42,766
Discreet even at death's door.
To her son.
688
00:32:43,776 --> 00:32:45,676
"Dear, Austin.
I hope one day you'll understand
689
00:32:45,745 --> 00:32:47,645
"the painful
choices I've had to make.
690
00:32:47,713 --> 00:32:50,774
"They were never intended
to hurt you in any way."
691
00:32:50,851 --> 00:32:53,911
She could be talking about sending
him away or killing herself.
692
00:32:54,922 --> 00:32:58,016
She was about to hang herself
in a prison cell
693
00:32:58,092 --> 00:33:01,458
and she's still fawning over
the great Charles Evans.
694
00:33:02,428 --> 00:33:04,988
"Your brilliance
overwhelmed me.
695
00:33:05,064 --> 00:33:08,192
"My greatest desire
was always your happiness.
696
00:33:08,935 --> 00:33:12,769
"My greatest fear,
losing your love."
697
00:33:13,906 --> 00:33:17,775
Goes to motive. Killing the
woman who got some of his love.
698
00:33:17,845 --> 00:33:20,279
What about this?
699
00:33:22,182 --> 00:33:23,375
"With this final offering,
700
00:33:23,449 --> 00:33:25,076
"I hope you finally understand
701
00:33:25,151 --> 00:33:27,642
"the distance I will
travel to protect you."
702
00:33:29,255 --> 00:33:30,984
Protect him from what?
703
00:33:31,724 --> 00:33:34,056
Airing his dirty
linen at a public trial?
704
00:33:34,127 --> 00:33:37,187
This guy writes books
about his dirty linen.
705
00:33:37,263 --> 00:33:40,290
What do we know about his whereabouts
on the night of the murder?
706
00:33:40,367 --> 00:33:42,528
He told the police he was at a
friend's house in Rhinebeck.
707
00:33:42,603 --> 00:33:45,595
Alone. He was on a train back
the next morning.
708
00:33:45,672 --> 00:33:47,434
Trains run two ways.
709
00:33:49,976 --> 00:33:51,739
What do you think?
710
00:33:52,578 --> 00:33:57,413
Would Diane Posner die to protect
the great man from a murder charge?
711
00:33:59,986 --> 00:34:01,419
I wasn't at
the house that night,
712
00:34:01,487 --> 00:34:03,751
but I invited
Charles to stay there
713
00:34:03,890 --> 00:34:06,155
while we were driving
upstate on the Friday.
714
00:34:06,226 --> 00:34:07,921
What did you talk
about during the ride?
715
00:34:08,529 --> 00:34:09,757
Nothing.
716
00:34:09,830 --> 00:34:14,163
And I can usually at least rely
on Charles to talk about himself.
717
00:34:14,233 --> 00:34:16,531
Did he mention Joni Timberman?
718
00:34:16,602 --> 00:34:17,534
No.
719
00:34:17,670 --> 00:34:18,637
Diane Posner?
720
00:34:19,505 --> 00:34:22,167
He said she was spending the
weekend in the country.
721
00:34:22,241 --> 00:34:25,301
I asked how she was doing.
I know them both.
722
00:34:25,378 --> 00:34:28,245
He seemed uncomfortable
talking about her.
723
00:34:28,314 --> 00:34:30,077
Did he tell you
they'd split up?
724
00:34:32,286 --> 00:34:34,480
They'd always had
their ups and downs.
725
00:34:34,620 --> 00:34:36,850
I figured this was
one of those times.
726
00:34:37,890 --> 00:34:41,053
Even at the symposium,
Charles seemed distracted.
727
00:34:41,427 --> 00:34:45,363
A fellow from Amherst called
Faulkner a proto-magical-realist,
728
00:34:45,431 --> 00:34:47,797
and it didn't get
a rise out of him.
729
00:34:47,867 --> 00:34:49,198
Should it have?
730
00:34:49,268 --> 00:34:51,361
He considers
Faulkner a naturalist.
731
00:34:52,538 --> 00:34:55,871
He went through a bottle of my
Red Label in less than a day.
732
00:34:55,942 --> 00:34:58,274
I was worried about him.
I think Diane was, too.
733
00:34:58,344 --> 00:34:59,606
How do you know that?
734
00:34:59,679 --> 00:35:02,375
She called me from Croton
Sunday night, upset.
735
00:35:02,448 --> 00:35:05,246
The police checked her phone records.
She didn't make any calls.
736
00:35:05,318 --> 00:35:07,912
She said she was
calling from a store.
737
00:35:07,987 --> 00:35:09,887
She wanted to speak to Charles.
738
00:35:09,956 --> 00:35:11,787
She asked for the phone
number at my house.
739
00:35:11,857 --> 00:35:13,324
Did you give it to her?
740
00:35:13,392 --> 00:35:15,690
I told her I'd call him
and have him call her,
741
00:35:15,828 --> 00:35:18,160
in case he didn't
want to be disturbed.
742
00:35:18,231 --> 00:35:20,222
Charles didn't
answer the phone.
743
00:35:20,366 --> 00:35:22,356
I called Diane
back and told her.
744
00:35:24,036 --> 00:35:25,594
Third trip in a month, Jack.
745
00:35:25,671 --> 00:35:27,332
Why don't you just
book a cell here,
746
00:35:27,473 --> 00:35:29,168
save the city
the cost of commuting.
747
00:35:29,242 --> 00:35:31,938
Thanks for your concern.
This is my last trip.
748
00:35:32,011 --> 00:35:33,376
I'm still not making any deals.
749
00:35:33,512 --> 00:35:34,911
Neither am I.
750
00:35:35,982 --> 00:35:38,678
I don't send
innocent people to prison.
751
00:35:40,853 --> 00:35:42,821
You didn't kill Joni Timberman.
752
00:35:42,888 --> 00:35:45,151
Great.
When can I get her out of here?
753
00:35:45,223 --> 00:35:47,123
As soon as she
tells us who did.
754
00:35:47,192 --> 00:35:48,216
What are you talking about?
755
00:35:48,293 --> 00:35:50,626
You were in Croton when
the murder was committed.
756
00:35:50,696 --> 00:35:54,063
Peter Hilligan called you there.
We checked his phone records.
757
00:35:54,133 --> 00:35:56,158
Diane,
why didn't you tell me?
758
00:35:56,302 --> 00:35:58,327
Because she was
protecting someone.
759
00:35:59,071 --> 00:36:00,129
Evans?
760
00:36:00,206 --> 00:36:01,764
You read her letter to him.
761
00:36:04,076 --> 00:36:07,102
I want them to leave.
I don't have to talk to them.
762
00:36:07,179 --> 00:36:09,271
He doesn't
deserve your loyalty.
763
00:36:09,347 --> 00:36:10,678
You don't know
what he deserves.
764
00:36:10,815 --> 00:36:12,146
Yes, I do.
765
00:36:13,151 --> 00:36:14,881
He made you give up your son.
766
00:36:14,954 --> 00:36:18,754
He cheated on you with Joni
Timberman and God knows who else.
767
00:36:19,258 --> 00:36:21,658
And now he's willing to
let you pay for his crime.
768
00:36:21,727 --> 00:36:22,921
You don't understand him.
769
00:36:22,995 --> 00:36:24,360
I understand him.
770
00:36:25,665 --> 00:36:27,189
You, I don't.
771
00:36:27,700 --> 00:36:28,997
I swear.
772
00:36:31,404 --> 00:36:33,894
I know he didn't
mean to kill her.
773
00:36:35,707 --> 00:36:37,231
What happened?
774
00:36:43,149 --> 00:36:45,674
He came to
Croton that afternoon.
775
00:36:47,219 --> 00:36:49,915
I'd never seen him
like that before.
776
00:36:49,989 --> 00:36:53,049
His breath reeked of liquor.
He was a mess.
777
00:36:54,260 --> 00:36:56,284
He said that Joni
778
00:36:57,762 --> 00:36:59,923
didn't want him anymore.
779
00:37:00,832 --> 00:37:02,026
And
780
00:37:04,803 --> 00:37:07,068
he said he wanted me again.
781
00:37:09,508 --> 00:37:12,671
I didn't know what to say.
It was all too much.
782
00:37:14,413 --> 00:37:16,881
He took my car
keys and he left.
783
00:37:17,650 --> 00:37:19,117
Did he say where he was going?
784
00:37:19,484 --> 00:37:20,974
No.
785
00:37:22,020 --> 00:37:25,046
I walked into
town to look for him.
786
00:37:26,291 --> 00:37:29,124
He wasn't there.
I called Peter Hilligan.
787
00:37:32,665 --> 00:37:34,462
Charles came in later.
788
00:37:34,533 --> 00:37:39,732
There was blood on his shirt.
789
00:37:45,443 --> 00:37:47,502
He didn't mean to do it.
790
00:37:49,013 --> 00:37:52,608
I won't testify against him.
I won't.
791
00:37:59,658 --> 00:38:02,957
Are any of you bothered
by Eliot's misogyny?
792
00:38:04,296 --> 00:38:05,991
I know I am.
793
00:38:06,065 --> 00:38:07,292
Excuse us.
794
00:38:07,365 --> 00:38:10,493
Excuse me. I'm busy right now.
I'll talk to you later.
795
00:38:10,568 --> 00:38:11,694
You got that part right.
796
00:38:11,770 --> 00:38:13,101
Get your hands off of me.
797
00:38:13,171 --> 00:38:15,935
Charles Evans, you're under arrest
for the murder of Joni Timberman.
798
00:38:16,007 --> 00:38:17,304
You have the right
to remain silent.
799
00:38:17,375 --> 00:38:18,933
Class dismissed.
Anything you say can and will be
800
00:38:19,010 --> 00:38:20,500
used against you
in a court of law.
801
00:38:20,578 --> 00:38:23,514
Why exactly am I
supposed to have killed Joni?
802
00:38:23,582 --> 00:38:24,844
Because she rejected you.
803
00:38:24,917 --> 00:38:26,976
In case you haven't noticed,
you have an ego.
804
00:38:27,052 --> 00:38:29,418
So you don't like me.
Do you arrest everybody you don't like?
805
00:38:29,488 --> 00:38:30,818
Charles.
806
00:38:31,423 --> 00:38:34,881
This is ridiculous.
I have no idea what I'm doing here.
807
00:38:34,959 --> 00:38:36,756
Diane Posner told
us what happened.
808
00:38:36,828 --> 00:38:38,523
Diane did?
What did Diane say?
809
00:38:38,663 --> 00:38:40,392
You killed Timberman.
810
00:38:41,733 --> 00:38:42,961
She wouldn't say
anything against me,
811
00:38:43,101 --> 00:38:44,363
even if there were
something to say.
812
00:38:44,436 --> 00:38:48,167
This is a jilted lover.
A woman accused of this crime herself.
813
00:38:48,239 --> 00:38:51,471
Even if she weren't jilted,
even if she weren't accused.
814
00:38:52,344 --> 00:38:54,675
What upsets you more,
Mr. Evans?
815
00:38:55,046 --> 00:38:59,540
That we've got you for murder or
that your love slave got uppity?
816
00:39:00,785 --> 00:39:05,051
Stupidity. I'm always
upset by stupidity.
817
00:39:07,459 --> 00:39:09,791
It doesn't look like we're
going to get a confession.
818
00:39:09,861 --> 00:39:11,761
Why should he confess?
819
00:39:12,130 --> 00:39:14,861
You'll probably be arresting
somebody else tomorrow.
820
00:39:14,934 --> 00:39:17,732
Not if Diane Posner
sticks to her story.
821
00:39:18,770 --> 00:39:20,431
She said she wouldn't testify.
822
00:39:20,572 --> 00:39:22,233
I think she will,
if she told us.
823
00:39:22,307 --> 00:39:25,834
Yeah. How will you account for
her not telling you sooner?
824
00:39:25,910 --> 00:39:29,004
She was in thrall to Evans.
I'll put on psychiatric experts.
825
00:39:29,080 --> 00:39:33,107
Did he encourage her to cover for him?
Did he thank her?
826
00:39:33,184 --> 00:39:35,812
A little evidence along
those lines couldn't hurt.
827
00:39:35,887 --> 00:39:37,684
I checked
the visitors' log at Rikers.
828
00:39:37,755 --> 00:39:40,816
He never went.
But her secretary was a regular.
829
00:39:42,527 --> 00:39:45,428
She had me bring in
her files twice a week.
830
00:39:45,497 --> 00:39:48,227
She was trying to keep up
on her work in there.
831
00:39:48,299 --> 00:39:49,891
Did you carry
anything for Charles Evans?
832
00:39:49,968 --> 00:39:51,560
No.
Are you sure?
833
00:39:51,636 --> 00:39:52,898
I wouldn't forget.
834
00:39:53,037 --> 00:39:54,334
It's important.
835
00:39:54,405 --> 00:39:57,465
I'm very organized
about my work. Here.
836
00:40:00,245 --> 00:40:02,975
This is a list of
everything I took to the jail.
837
00:40:04,382 --> 00:40:07,078
Look at what Diane Posner
was reading in prison.
838
00:40:08,419 --> 00:40:09,716
"IRS letter rulings.
839
00:40:09,787 --> 00:40:10,981
"New York Law Journal."
840
00:40:11,122 --> 00:40:12,316
Middle of the page.
841
00:40:13,258 --> 00:40:15,351
"Search and Seizure,
chapter 29."
842
00:40:15,493 --> 00:40:17,620
Examination of prisoners' mail.
843
00:40:17,695 --> 00:40:21,756
So? She was helping her lawyer
prepare for the hearing.
844
00:40:21,833 --> 00:40:22,959
Look at the date.
845
00:40:23,034 --> 00:40:26,299
The book was delivered three
days before her suicide attempt.
846
00:40:27,338 --> 00:40:29,305
Along with
People v. Garofolo.
847
00:40:29,873 --> 00:40:31,431
The case that
got us her letters.
848
00:40:31,508 --> 00:40:33,238
She knew it would.
She set us up.
849
00:40:33,311 --> 00:40:35,245
She wasn't covering for Evans.
850
00:40:35,547 --> 00:40:37,447
I guess we now
know why he liked her.
851
00:40:37,515 --> 00:40:39,642
She's smart.
She's devious.
852
00:40:39,717 --> 00:40:41,378
She wasn't protecting him.
853
00:40:41,519 --> 00:40:43,214
And she wasn't
protecting herself.
854
00:40:43,288 --> 00:40:46,985
The phone call from Hilligan.
She was at Croton that night.
855
00:40:47,058 --> 00:40:48,650
Right in front of us.
856
00:40:48,726 --> 00:40:51,889
You arrested Charles.
Why are you still asking about my mother?
857
00:40:51,963 --> 00:40:54,226
Austin, would you like
me to call her lawyer?
858
00:40:54,298 --> 00:40:56,528
No. It doesn't matter.
My mother's cleared.
859
00:40:56,600 --> 00:41:00,196
Actually, Austin, we're having
second thoughts about that.
860
00:41:00,271 --> 00:41:01,295
You are?
861
00:41:01,372 --> 00:41:03,806
We think she tricked us into
suspecting Charles Evans.
862
00:41:03,875 --> 00:41:05,604
No. He did it.
She told me.
863
00:41:05,677 --> 00:41:08,305
Told you when?
The day of the murder?
864
00:41:08,980 --> 00:41:10,777
You told us you saw her.
865
00:41:10,848 --> 00:41:12,907
Now she says she was 100
miles away with Evans.
866
00:41:12,984 --> 00:41:14,884
I know. When I said that,
I thought it would help her.
867
00:41:14,953 --> 00:41:16,613
She had an alibi.
868
00:41:17,854 --> 00:41:20,152
The phone call she got
from Charles Evans' friend.
869
00:41:20,223 --> 00:41:21,315
I didn't know about that.
870
00:41:21,458 --> 00:41:24,951
She did. Why would she make up
an alibi if she didn't need one?
871
00:41:25,029 --> 00:41:26,519
Well, you were
accusing her of murder!
872
00:41:26,598 --> 00:41:28,225
Who knows why
anyone would do anything?
873
00:41:28,299 --> 00:41:29,960
We're going to find out.
874
00:41:31,402 --> 00:41:34,098
We're charging her with hindering
prosecution at the very least.
875
00:41:34,172 --> 00:41:35,935
No.
She's been through enough.
876
00:41:36,007 --> 00:41:38,168
She's been playing games with us.
No.
877
00:41:38,242 --> 00:41:40,141
I think Austin's been
through enough, too.
878
00:41:40,210 --> 00:41:42,201
Just one more question.
879
00:41:42,813 --> 00:41:46,214
Austin, did your mother
say that she was with you
880
00:41:47,951 --> 00:41:49,817
to give you an alibi?
881
00:41:51,656 --> 00:41:53,317
Why would I need one?
882
00:41:55,560 --> 00:41:57,687
You'd need one if
you didn't have one.
883
00:42:05,435 --> 00:42:07,665
Who saw you here that night?
884
00:42:09,006 --> 00:42:10,940
I don't know.
There's always people around.
885
00:42:11,008 --> 00:42:13,169
Good. Then we can ask them.
886
00:42:13,710 --> 00:42:17,010
Mr. Dalton, would you call
for Austin's roommate?
887
00:42:18,216 --> 00:42:19,444
I wasn't in my room.
888
00:42:19,517 --> 00:42:20,814
The library clerk.
889
00:42:22,553 --> 00:42:26,387
I wasn't there either. Who, Austin?
Who should we send for?
890
00:42:27,458 --> 00:42:30,620
I don't know.
I'm not sure where I was.
891
00:42:30,694 --> 00:42:33,492
If you were anywhere,
we'll find out.
892
00:42:34,197 --> 00:42:37,689
In a couple of days, we can
talk to everyone on the campus.
893
00:42:46,077 --> 00:42:47,669
I wasn't here.
Ah.
894
00:42:51,915 --> 00:42:54,816
Then where were you?
895
00:43:00,557 --> 00:43:03,151
Somebody drove your
mother's car into the city.
896
00:43:15,205 --> 00:43:16,399
My mother called me.
897
00:43:17,808 --> 00:43:21,300
I couldn't understand what she was
saying, she was crying so hard.
898
00:43:22,946 --> 00:43:25,210
But she finally got it out.
899
00:43:25,282 --> 00:43:27,546
Charles Evans had dumped her.
900
00:43:29,019 --> 00:43:30,509
I felt good.
901
00:43:33,791 --> 00:43:35,782
I took a bus to Croton.
902
00:43:37,061 --> 00:43:40,393
I figured it was just another
one of their arguments.
903
00:43:40,464 --> 00:43:44,230
But she told me about his new
girlfriend, Ms. Timberman.
904
00:43:46,770 --> 00:43:49,238
I thought it was
finally over with him.
905
00:43:51,274 --> 00:43:53,265
But all she wanted to do
was get back with him.
906
00:43:54,311 --> 00:43:55,403
Why did you go to New York?
907
00:43:56,546 --> 00:43:58,981
To tell him how much
he was hurting my mother.
908
00:44:01,819 --> 00:44:05,015
I thought if I could get them
back together again,
909
00:44:06,223 --> 00:44:08,521
it would make my mother happy.
910
00:44:10,761 --> 00:44:13,286
And she'd see that
I did it for her,
911
00:44:14,831 --> 00:44:16,822
and she'd like me more.
912
00:44:19,002 --> 00:44:21,368
What happened
in the apartment?
913
00:44:24,008 --> 00:44:25,975
Ms. Timberman walked in.
914
00:44:26,343 --> 00:44:31,645
She yelled at me. She told me to leave.
Me. In my mother's house.
915
00:44:31,715 --> 00:44:34,377
In my house. His girlfriend.
916
00:44:35,285 --> 00:44:36,752
I went crazy.
917
00:44:44,060 --> 00:44:46,221
I know it wasn't her fault.
918
00:44:52,569 --> 00:44:54,036
I'm sorry.
919
00:44:57,974 --> 00:44:59,737
It was all because of him.
920
00:45:01,845 --> 00:45:04,575
Mr. McCoy,
are the People satisfied?
921
00:45:05,081 --> 00:45:06,673
Yes, Your Honor.
922
00:45:09,586 --> 00:45:13,249
Pursuant to your plea to
manslaughter in the first degree,
923
00:45:13,323 --> 00:45:15,883
and in the light of
mitigating circumstances,
924
00:45:15,959 --> 00:45:18,553
I'm accepting the recommendation
of the prosecution
925
00:45:18,628 --> 00:45:20,926
that you be sentenced
to a minimum term of
926
00:45:20,997 --> 00:45:23,989
10 years in a state
correctional facility.
927
00:45:24,968 --> 00:45:26,265
Court is adjourned.
928
00:45:53,029 --> 00:45:54,860
What do you think
she wanted to say to him?
929
00:45:54,931 --> 00:45:56,990
"Thanks for ruining my life."
930
00:45:57,601 --> 00:45:59,398
"Please take me back."