1 00:00:01,108 --> 00:00:02,837 In the criminal justice system 2 00:00:02,910 --> 00:00:06,744 the people are represented by two separate yet equally important groups, 3 00:00:06,814 --> 00:00:08,645 the police who investigate crime 4 00:00:08,716 --> 00:00:11,515 and the district attorneys who prosecute the offenders. 5 00:00:11,586 --> 00:00:13,144 These are their stories. 6 00:00:14,756 --> 00:00:15,848 Is he back there? 7 00:00:15,924 --> 00:00:17,289 Nobody's back there, Susan. 8 00:00:17,359 --> 00:00:18,792 We're the dregs of the party. 9 00:00:18,860 --> 00:00:20,225 I thought you two were hitting it off. 10 00:00:20,295 --> 00:00:23,924 Yeah. And the boat docked and he sprinted for the door. 11 00:00:24,232 --> 00:00:27,724 Oh. I don't think they call it a door, Sally. 12 00:00:28,236 --> 00:00:29,726 He'll probably call. 13 00:00:29,804 --> 00:00:31,795 Well, if he doesn't, I'll call him. 14 00:00:32,340 --> 00:00:33,865 Oh. That's against the rules. 15 00:00:33,943 --> 00:00:35,468 So is sitting home eating Häagen... 16 00:00:45,022 --> 00:00:46,216 He just started shooting. 17 00:00:46,290 --> 00:00:48,383 I saw him behind that column. I didn't see his face. 18 00:00:48,458 --> 00:00:49,948 I think he was wearing a trench coat. 19 00:00:50,027 --> 00:00:51,221 Did he say anything? I don't know. 20 00:00:51,295 --> 00:00:53,320 I didn't hear a thing. The woman in front of me was shot. 21 00:00:53,397 --> 00:00:56,561 And that man is dead. He was standing right next to me. 22 00:00:56,634 --> 00:00:58,932 A group over here took most of the fire. 23 00:00:59,003 --> 00:01:00,334 We've got three people injured, 24 00:01:00,405 --> 00:01:02,498 and this one dead at the scene. 25 00:01:03,107 --> 00:01:05,701 There's a few shell casings scattered down the pier, 26 00:01:05,777 --> 00:01:08,041 and five in a bunch over here. 27 00:01:08,112 --> 00:01:09,909 Looks like 9mm auto. 28 00:01:10,648 --> 00:01:12,513 So if the gun throws right, 29 00:01:12,584 --> 00:01:14,484 the shooter had to be standing about right here. 30 00:01:15,053 --> 00:01:17,021 It was a cocktail cruise. 31 00:01:17,088 --> 00:01:20,581 United Jewish Charities. We're the young leadership committee. 32 00:01:20,659 --> 00:01:23,150 That just means we're willing to ask our friends to donate. 33 00:01:23,229 --> 00:01:25,561 Was there any trouble during the boat ride? 34 00:01:25,631 --> 00:01:26,825 You think it was one of us? 35 00:01:26,899 --> 00:01:28,890 Well, right now, sir, I don't know what to think. 36 00:01:28,968 --> 00:01:32,096 Detectives! We got another fatality. 37 00:01:33,405 --> 00:01:35,600 We found a woman in the water. Drowned. 38 00:01:35,674 --> 00:01:38,006 She was caught on a piling. We got her purse. 39 00:01:38,077 --> 00:01:40,546 She must've fell off the pier during the shooting. 40 00:01:40,614 --> 00:01:43,674 Lorna Kaminsky, 27. NYU grad student. 41 00:01:43,750 --> 00:01:45,719 We've got something else. 42 00:01:45,886 --> 00:01:47,751 The shooter must've had some time on his hands 43 00:01:47,822 --> 00:01:50,382 while he was waiting for the boat to come in. 44 00:01:54,929 --> 00:01:57,625 Good thing he wasn't a better shot. 45 00:02:47,151 --> 00:02:50,279 It was crazy. We were walking past the garage. 46 00:02:50,354 --> 00:02:51,821 There must have been 20 of us. 47 00:02:51,889 --> 00:02:54,825 When the shooting started, we looked back. 48 00:02:54,893 --> 00:02:57,384 The man with the gun started running right at us. 49 00:02:57,462 --> 00:02:58,554 He was still shooting. 50 00:02:58,630 --> 00:02:59,858 Were you near Miss Kaminsky? 51 00:02:59,931 --> 00:03:02,365 I was talking to her. 52 00:03:02,434 --> 00:03:04,368 We were gonna go out for a drink. 53 00:03:04,436 --> 00:03:07,599 I thought we'd just been separated in all the confusion. 54 00:03:07,672 --> 00:03:10,005 Did you see the man who was doing the shooting? 55 00:03:11,844 --> 00:03:13,141 It was dark. 56 00:03:13,212 --> 00:03:15,305 We were all running. 57 00:03:17,616 --> 00:03:18,605 What? 58 00:03:18,684 --> 00:03:20,208 I bumped into somebody and fell. 59 00:03:20,286 --> 00:03:22,618 That's how I broke my ankle. 60 00:03:22,688 --> 00:03:25,589 God, I hope I didn't push her off the pier. 61 00:03:27,059 --> 00:03:28,617 They say I was pretty lucky. 62 00:03:28,694 --> 00:03:30,629 The bullet missed everything important. 63 00:03:30,731 --> 00:03:31,925 Well, if you were really lucky, 64 00:03:31,998 --> 00:03:34,023 it would have missed everything. 65 00:03:34,801 --> 00:03:37,133 The man next to me, he looked pretty bad. 66 00:03:38,705 --> 00:03:39,831 He's dead. 67 00:03:39,906 --> 00:03:42,397 And another woman fell in the river and drowned. 68 00:03:42,476 --> 00:03:45,274 Wow. Some cruise. 69 00:03:46,313 --> 00:03:47,803 It was an anti-Jewish thing? 70 00:03:47,881 --> 00:03:50,042 We're not sure what it was yet, Miss Beckner. 71 00:03:50,117 --> 00:03:51,778 Nobody's claimed credit. 72 00:03:52,419 --> 00:03:53,910 If I hadn't broken up with my boyfriend, 73 00:03:53,988 --> 00:03:57,253 I would've been at his country house in Westchester. 74 00:03:57,425 --> 00:04:00,656 Oh, God! The things we do to meet men! 75 00:04:00,728 --> 00:04:02,356 I thought this was a fundraising group? 76 00:04:02,431 --> 00:04:03,489 It is. 77 00:04:03,565 --> 00:04:05,658 But they make it a singles fundraising group. 78 00:04:05,734 --> 00:04:09,033 Raise money for Israel, maybe meet a Jewish doctor. 79 00:04:09,671 --> 00:04:12,196 This isn't the way I wanted to meet the doctor. 80 00:04:12,274 --> 00:04:14,265 Miss Jacobs, did you see the man who shot you? 81 00:04:14,343 --> 00:04:15,368 No. 82 00:04:15,445 --> 00:04:17,572 Did you see anything unusual, as the boat pulled in? 83 00:04:17,647 --> 00:04:19,444 Only that the guy I was talking to 84 00:04:19,516 --> 00:04:21,780 suddenly took off before the shooting. 85 00:04:21,851 --> 00:04:24,342 He said he had a limo waiting for him. 86 00:04:26,523 --> 00:04:28,150 Mr. Weston had to catch a plane. 87 00:04:28,224 --> 00:04:30,317 I got him to JFK in 35 minutes. 88 00:04:30,393 --> 00:04:31,860 Why the rush? 89 00:04:31,928 --> 00:04:33,293 The boat was supposed to dock at 9:30, 90 00:04:33,363 --> 00:04:34,853 but it didn't get in till 10:00. 91 00:04:34,931 --> 00:04:36,398 So where's Mr. Weston now? 92 00:04:36,466 --> 00:04:37,866 Los Angeles. 93 00:04:38,702 --> 00:04:39,896 Come on, we were out of there 94 00:04:39,970 --> 00:04:41,164 before the shooting started. 95 00:04:41,238 --> 00:04:42,967 So you were waiting around the pier 96 00:04:43,040 --> 00:04:44,701 while the boat was being late, right? 97 00:04:44,775 --> 00:04:46,675 Yeah, from 9:00 p.m. 98 00:04:46,744 --> 00:04:48,075 I'm always half an hour early. 99 00:04:48,145 --> 00:04:51,774 Well, did you see anybody hanging around there wearing a trench coat? 100 00:04:51,849 --> 00:04:53,476 I was reading the Daily News in the car. 101 00:04:53,551 --> 00:04:55,644 I only saw a bunch of cabbies waiting, like me. 102 00:04:55,719 --> 00:04:57,516 There weren't any cabbies when we got there. 103 00:04:57,588 --> 00:04:59,580 You think they want to sit around and talk to cops all night? 104 00:04:59,658 --> 00:05:00,750 A bunch of foreigners? 105 00:05:00,826 --> 00:05:02,453 What kind of foreigners? 106 00:05:02,527 --> 00:05:04,427 I don't know. Turks, Arabs, 107 00:05:04,496 --> 00:05:06,828 when was the last time you saw a white taxi driver? 108 00:05:06,898 --> 00:05:09,925 Did you notice the names of any of their cab companies? 109 00:05:10,002 --> 00:05:12,493 Yeah. There were a couple from Sunshine. 110 00:05:15,541 --> 00:05:18,874 We got Hamas. We got Islamic Jihad, we got Gamaat Islamiya. 111 00:05:18,945 --> 00:05:20,845 That's Sheik Omar Abdel-Rahman's club. 112 00:05:20,913 --> 00:05:22,381 The guys who blew up the World Trade Center? 113 00:05:22,449 --> 00:05:24,110 Actually, that's still a little vague. 114 00:05:24,184 --> 00:05:26,015 You do keep track of these people? Of course. 115 00:05:26,086 --> 00:05:27,951 We're the great Satan. It's our job. 116 00:05:28,021 --> 00:05:29,318 To the extent our satanic courts 117 00:05:29,389 --> 00:05:31,357 will actually give us warrants for the taps we need. 118 00:05:31,425 --> 00:05:34,622 So who's been striking blows against Zionism lately? 119 00:05:34,695 --> 00:05:36,560 Several dead guys in Tel Aviv. 120 00:05:36,630 --> 00:05:38,427 It's got to be something being a cop over there. 121 00:05:38,499 --> 00:05:42,333 And on the Hudson? Any blows against Zionist cocktail cruises? 122 00:05:42,402 --> 00:05:43,597 Nothing's popped on the wires. 123 00:05:43,671 --> 00:05:45,798 No unusual channels opened or cash flowing. 124 00:05:45,874 --> 00:05:47,933 Did you run the roster from Sunshine Cabs? 125 00:05:48,009 --> 00:05:49,169 Yeah. 126 00:05:49,244 --> 00:05:51,804 One hit from our watch list. Nidal Salam. 127 00:05:51,880 --> 00:05:54,906 Veteran of the Holy War against the Russians in Afghanistan. 128 00:05:54,983 --> 00:05:57,543 If you ask him nice, he'll show you his wounds. 129 00:05:57,752 --> 00:06:00,346 Do you know Agent Mulcahy from the FBI? 130 00:06:00,855 --> 00:06:03,016 He used to follow me and take my picture. 131 00:06:03,091 --> 00:06:05,116 Well, we'd love to see what he took of you Sunday night. 132 00:06:05,193 --> 00:06:08,391 It would not be very interesting. I was home, sick. 133 00:06:08,464 --> 00:06:09,658 Did anybody see you there? 134 00:06:09,732 --> 00:06:12,530 My wife, my two daughters, my three sons. 135 00:06:12,601 --> 00:06:13,795 Listen, if I wanted to kill Jews, 136 00:06:13,869 --> 00:06:15,564 I would just run a red light in my taxi. 137 00:06:15,638 --> 00:06:16,798 This is New York City. 138 00:06:16,872 --> 00:06:18,807 Well, yeah, but then you might lose your hack license. 139 00:06:18,875 --> 00:06:21,002 Look, I wasn't at the pier that night. 140 00:06:21,077 --> 00:06:22,135 I didn't have a car that night. 141 00:06:22,212 --> 00:06:23,201 And I wouldn't go there anyway. 142 00:06:23,280 --> 00:06:24,542 Why not? Are you allergic to water? 143 00:06:24,614 --> 00:06:26,377 To Egyptians. 144 00:06:26,449 --> 00:06:28,384 The Egyptian drivers meet there. 145 00:06:28,452 --> 00:06:31,478 In their heads, they are the princes of Arabia. 146 00:06:31,556 --> 00:06:34,855 I am from Yemen. To them I am a donkey. 147 00:06:36,227 --> 00:06:39,958 It's a terrible thing. Sadat made peace. 148 00:06:40,031 --> 00:06:41,020 Sadat was a dog. 149 00:06:41,098 --> 00:06:43,464 He was against killing. I am against killing. 150 00:06:43,534 --> 00:06:44,865 Everybody is against killing. 151 00:06:44,936 --> 00:06:46,494 The question is how to bring it to a stop. 152 00:06:46,571 --> 00:06:48,095 Hey, is this what you were talking about 153 00:06:48,172 --> 00:06:49,605 last Sunday night at the pier? 154 00:06:49,674 --> 00:06:51,165 No. About music. 155 00:06:51,243 --> 00:06:52,870 Right. The Top 40. 156 00:06:52,945 --> 00:06:54,913 I think we'd better question you guys individually. 157 00:06:54,980 --> 00:06:56,675 I don't have time. I have to get back to work. 158 00:06:56,748 --> 00:07:00,275 We were with each other. We heard the shots. We left. 159 00:07:00,352 --> 00:07:03,719 Before the boat got in, who else was around besides you? 160 00:07:03,789 --> 00:07:05,848 Some other taxicabs. Various people. 161 00:07:05,924 --> 00:07:07,915 Anybody in a trench coat? 162 00:07:09,895 --> 00:07:11,453 Yes. I saw him. 163 00:07:11,864 --> 00:07:13,729 I noticed because he was acting strangely. 164 00:07:13,800 --> 00:07:15,062 Mahmud! 165 00:07:15,134 --> 00:07:18,467 Everybody else was coming or going. He was just standing. 166 00:07:18,538 --> 00:07:19,562 Where? 167 00:07:19,639 --> 00:07:21,038 Where the cars were parked. 168 00:07:22,208 --> 00:07:25,302 Latent's been over the shell casings from the scene. 169 00:07:25,378 --> 00:07:26,505 They've got some partials. 170 00:07:26,580 --> 00:07:27,979 Not enough to run through the system. 171 00:07:28,048 --> 00:07:30,278 We may have something else here, Lieut. 172 00:07:30,351 --> 00:07:32,046 One of the cab drivers saw a man 173 00:07:32,119 --> 00:07:33,518 waiting in a trench coat here, 174 00:07:33,587 --> 00:07:35,715 in the garage, before the boat came in. 175 00:07:35,790 --> 00:07:38,554 Now, he was waiting there when the big group walked by. 176 00:07:38,627 --> 00:07:40,822 That's the group with the woman who fell in the river. 177 00:07:40,895 --> 00:07:42,556 Then he shot at the smaller group 178 00:07:42,697 --> 00:07:44,358 and ran away through the big group. 179 00:07:44,432 --> 00:07:46,525 It's a funny way to hunt Zionists. 180 00:07:46,601 --> 00:07:48,068 Unless he had a specific target. 181 00:07:48,136 --> 00:07:50,366 Yeah. Then he sends us on a wild goose chase 182 00:07:50,438 --> 00:07:51,769 through the whole Arab League. 183 00:07:51,840 --> 00:07:55,207 Six people in the second group. Who's the target? 184 00:07:55,276 --> 00:07:58,678 Well, the dead guy's a good place to start. What do we know about him? 185 00:07:58,748 --> 00:08:00,409 Well, the business cards in his wallet 186 00:08:00,483 --> 00:08:01,814 give his name as Larry Rice. 187 00:08:01,884 --> 00:08:04,011 But no one's claimed the body. 188 00:08:04,086 --> 00:08:05,314 A guy like this, there's usually 189 00:08:05,388 --> 00:08:07,015 a mortuary wagon waiting outside 190 00:08:07,089 --> 00:08:08,488 as soon as the autopsy's over. 191 00:08:08,557 --> 00:08:11,219 You have his business card. What's the problem? 192 00:08:12,895 --> 00:08:15,420 Occupation: "Entrepreneur." 193 00:08:15,498 --> 00:08:17,261 What the hell is that? 194 00:08:17,333 --> 00:08:19,359 The address is on 2nd Avenue, but there's nobody home. 195 00:08:19,436 --> 00:08:23,372 Well, he got shot after a singles cruise. Maybe he was a lonely guy. 196 00:08:23,440 --> 00:08:24,998 What, no credit cards? No driver's license? 197 00:08:25,075 --> 00:08:26,599 Sometimes they get stolen. 198 00:08:26,677 --> 00:08:28,076 Yeah, but he wasn't mugged. 199 00:08:28,145 --> 00:08:29,908 Todd Wexman, CPA. 200 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. 202 00:08:35,820 --> 00:08:37,082 We just need some information 203 00:08:37,155 --> 00:08:38,679 about somebody who might be a client. 204 00:08:38,756 --> 00:08:40,246 Larry Rice. 205 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. 207 00:08:46,365 --> 00:08:47,957 Well, we think Mr. Wexman might know him. 208 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. 210 00:08:53,305 --> 00:08:54,397 What isn't? 211 00:08:54,473 --> 00:08:55,701 He hasn't been in for two days. 212 00:08:55,774 --> 00:08:57,401 And he hasn't checked in. 213 00:08:57,476 --> 00:08:59,842 I'd call his wife, they live in Connecticut, 214 00:08:59,912 --> 00:09:02,278 but he said she was taking the children to visit her mother, 215 00:09:02,347 --> 00:09:04,043 and I don't know where that is. 216 00:09:04,117 --> 00:09:06,779 Ms. Conroy, do you happen to have a picture of Mr. Wexman? 217 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. 221 00:09:29,243 --> 00:09:33,873 Mrs. Wexman, I'm very sorry. 222 00:09:34,515 --> 00:09:35,880 I can't stay here long. 223 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, 225 00:09:40,755 --> 00:09:44,522 does the name Larry Rice mean anything to you? 226 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. 231 00:09:59,609 --> 00:10:02,703 He booked himself on the dinner cruise in that name. 232 00:10:02,779 --> 00:10:04,269 That can't be. 233 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. 245 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.