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NARRATOR:
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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Bless me, Father,
for I have sinned.
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It's been two weeks
since my last confession.
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Well, for starters,
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a man cut me off on
the Cross Bronx Expressway.
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I know I shouldn't have,
but I sped up and I cut
him off back.
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And then, when I saw
him screaming at me
in my rear view,
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I made a hand gesture.
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You know,
I flipped him the bird.
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Father?
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Are you okay?
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Father?
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Father?
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(GASPS) Oh, God!
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Lady came in
for confession about 8:20.
This is how she found him.
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Name is Father Grady.
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Man.
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Looks like he caught
it in the line of duty.
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Yeah, and no hazard pay.
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Was there
anybody here
besides that woman?
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Caretaker. We got him in his
office down in the basement.
He's pretty upset.
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All right.
Take him outside,
we'll talk to him there.
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Hey, let's get some guys
on the street, see if we
can turn up that gun.
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And if you need help,
get an ESU team
down here.
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So, how do you kill
a man of the cloth?
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Small caliber, close range.
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Where was the shooter?
In here.
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Wow. He shot him right
through the confession screen?
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Yeah. The line of fire's
right on a level with
his head.
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Which means our guy
was in the sinner's seat.
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Wonder how many
Hail Marys that rates?
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I got in around 4:00.
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First thing I did was
mop the floor in the chapel
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and then I went to
clean up downstairs.
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What time was that?
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Maybe an hour or
so later.
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When was the last time
you saw Father Grady?
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Right before he went
in to hear confessions.
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Maybe 7:00, 7:30.
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Did you see who he was
taking confession from?
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Well, there are
a couple of regulars,
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you know,
elderly ladies
from the neighborhood.
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I thought
the chapel was
part of the boys' school.
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School uses it during the day.
But it's open to the public
the rest of the time.
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And what about
for confessions?
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Wednesday nights,
Saturday afternoons.
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So, I guess
it's pretty quiet
in the evenings, huh?
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There's always a few
students staying late,
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but they're usually
next door in the gym.
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And anybody else who
wanders in off the street
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till I lock the place up
about 10:00.
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How long have you
known Father Grady?
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About two years.
He was a good priest.
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Jeez, what kind of person
could do something
like this?
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Who's in charge here?
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The Monsignor.
He lives here
in the rectory.
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Thanks.
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It took
less than 10 minutes
to go through his room.
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He's got one desk,
one drawer, nothing unusual.
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I don't have to
tell you guys
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the brass is
all over this one.
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Well, we're trying to
track down some women
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who went to confession
that night.
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00:04:05,680 --> 00:04:07,250
Well, what about
ballistics?
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00:04:07,315 --> 00:04:08,658
Based on the signature
on the slug,
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we're looking
for a Phoenix Arms .25.
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Well, you have to figure
someone looking for money
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isn't gonna
rob a priest.
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Well, his wallet's
still in his room.
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And there's
nothing missing
from the chapel.
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This could be some
psycho from off the street
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who's got a grudge
against the Pope.
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Or maybe a grudge
against Father Grady.
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FATHER EVANS: We're all
trying to go on with
the routine today.
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But it's been hard.
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Father Grady
was well-liked?
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Very much so.
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And Don Bosco isn't
exactly the easiest
place to teach.
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Why is that?
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Some of the boys
here have been...
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Well, turned away
from other schools.
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How serious
are the problems?
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00:04:43,886 --> 00:04:45,957
Oh, it's pretty
wide-ranging.
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Any of these kids have
a personal problem
with Father Grady?
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Well, you don't
really think that
one of our students
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could have
had something
to do with this?
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Well, we don't know, Father.
What do you think?
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There was a disciplinary
problem with one of
the seniors,
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a boy named
Tim Boswell.
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00:05:04,040 --> 00:05:07,613
But I just can't believe
it could have led to
something like this.
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00:05:07,677 --> 00:05:09,486
Well, what happened
with this kid?
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00:05:11,715 --> 00:05:13,490
He and Father Grady had
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some sort of altercation.
I don't know the whole story.
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But he was suspended
last week.
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Does Tim have
this kind of locker?
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Well, now,
wouldn't you need
his permission for that?
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Well, actually, the law gives
the school as much right to
open it as he has.
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There should be
a master key
for these.
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I'm not sure I'm very
comfortable with this.
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I mean, we try to
maintain a slightly
higher standard here.
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Well, we're just trying to
find out if everybody's
living up to it.
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Whoa! Catholic school
wasn't like that in
my day.
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He's not supposed to
have those.
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See, we got
some text books,
notebooks, magazines.
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It all looks
pretty straightforward.
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What are you looking at,
Mr. Cole?
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Nothing.
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Aren't you supposed
to be in Latin?
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Forgot my book.
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What are they doing
with Tim's stuff?
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That is not your
business, Mr. Cole.
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No, no, no, it's okay.
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Hey, you tight
with Tim Boswell?
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Know him a little.
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BRISCOE: He ever talk
to you about Father Grady?
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Do you
have something
to say, Mr. Cole?
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He had a fight with him.
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What was it about?
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Something personal.
I don't know.
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Then how do you know
it was personal?
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Just the way Tim
was acting yesterday
when he told me about it.
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Yesterday? Mr. Boswell
wasn't supposed to be
in school.
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ED: What time
did you talk to him?
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I don't know, late.
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I stayed after
for soccer practice.
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When I went
to get my coat,
Tim was right here.
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How do I know where he is?
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Your son's been
suspended for two weeks
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and he's just out
roaming the streets?
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You think
he listens to me?
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What happened to you,
Mrs. Boswell?
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Nothing.
I tripped
on the stairs.
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Was Tim home
yesterday evening?
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Why?
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There was a problem
at his school.
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What kind of problem?
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A priest was shot
last night.
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Which priest?
Father Grady.
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Oh, my God.
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And why do you
want to talk to Tim?
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ED: We just need to
clear a few things up.
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You don't think Tim had
anything to do with it?
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Actually, we think it was
some drug addicts in
the neighborhood.
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Because my son would never
do something like that. Never.
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Oh, we just
need to talk to him.
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There's some older boys who
hang around by the deli on
9th Avenue.
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Doing nothing.
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He might be with them.
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Tim Boswell?
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Yeah.
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Let's take a walk, huh?
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You arresting him
or something?
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Hey, you keep
your mouth shut or we're
going to be arresting you.
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Hey, hey, hey, hey!
Smells like teen spirit.
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This yours, Tim?
No.
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Well, whose is it, then?
Because it was closest
to you.
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Anybody?
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That's what I thought.
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Look, I'll cop
to the ell, okay?
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Come on, man. You know
you don't get to sit up here
in first class over some weed.
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(EXHALES)
What do you want?
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Why don't we start with your
whereabouts yesterday evening?
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I was
at the park chilling with
some girls till it got dark.
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BRISCOE: And then what?
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Went to Mickey D's,
got some food, walked home.
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We got somebody that put
you in Don Bosco at 6:30.
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Only you were suspended.
So what the hell were
you doing there?
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Look, kid,
we got a dead priest.
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And the only way
you're going to catch
any kind of a break on this
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is if you start
telling us the truth!
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All right,
so I was there.
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What time?
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6:00, 6:30.
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Doing what?
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All I did was sneak
in to get some weed
from my locker.
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I never even
saw Father Grady.
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00:08:57,947 --> 00:08:58,948
Really?
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Because we heard that you
and him threw down
the other day.
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00:09:02,818 --> 00:09:03,819
Wasn't like that.
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00:09:04,186 --> 00:09:06,632
BRISCOE: Well, either way,
it's obvious you didn't
like him very much.
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I had a reason.
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We're listening.
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I tell you,
you're just going
to think I killed him.
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00:09:14,096 --> 00:09:15,973
We already think that.
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00:09:18,434 --> 00:09:20,209
He was using his collar
to get over.
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00:09:20,936 --> 00:09:22,347
Wait a minute.
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You're telling us that
Father Grady made
advances on you?
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00:09:24,708 --> 00:09:25,709
(SCOFFS)
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00:09:27,477 --> 00:09:28,478
My mother.
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00:09:33,883 --> 00:09:38,423
I can tell you this horrific
crime is being taken very
seriously by the Church.
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00:09:38,989 --> 00:09:40,525
His Holiness
has been informed
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00:09:40,590 --> 00:09:44,163
and he sends his
prayers and condolences
to the entire Archdiocese.
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00:09:44,227 --> 00:09:45,228
Please.
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00:09:45,595 --> 00:09:46,903
Well, we can assure you,
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00:09:46,963 --> 00:09:49,239
we're gonna do everything
we can to clear the case.
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00:09:49,299 --> 00:09:53,372
Monsignor Fanelli informed
us of your suspicions
about Father Grady.
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00:09:54,037 --> 00:09:55,107
And?
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00:09:58,808 --> 00:10:01,618
A few weeks ago, my office
got a call from Mr. Boswell.
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00:10:02,647 --> 00:10:04,991
He accused Father Grady
of having
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00:10:05,349 --> 00:10:06,851
relations with his wife.
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00:10:07,585 --> 00:10:09,895
That explains her
trip down the stairs.
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00:10:10,554 --> 00:10:11,760
Anything to what he said?
207
00:10:11,822 --> 00:10:13,927
I think the problems
in Mr. Boswell's marriage
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00:10:13,991 --> 00:10:15,902
have nothing
to do with Father Grady.
209
00:10:16,627 --> 00:10:17,935
Did you tell him that?
210
00:10:17,995 --> 00:10:21,636
I did.
He claims we were
covering up for Father Grady.
211
00:10:22,199 --> 00:10:24,975
It seems he really wasn't
interested in hearing
the truth.
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00:10:25,036 --> 00:10:26,242
From anyone.
213
00:10:28,706 --> 00:10:29,912
My son's not here.
214
00:10:29,974 --> 00:10:31,612
Actually, we want to
talk to you.
215
00:10:32,009 --> 00:10:33,010
About what?
216
00:10:33,077 --> 00:10:34,954
It'd be better
if we did this inside.
217
00:10:35,379 --> 00:10:36,790
(TV PLAYING)
218
00:10:38,416 --> 00:10:40,896
What happened to your wife,
Mr. Boswell?
219
00:10:41,520 --> 00:10:42,726
She fell.
220
00:10:43,155 --> 00:10:45,362
Don't you
got something to
do in the kitchen?
221
00:10:50,662 --> 00:10:51,663
So what do you want?
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00:10:52,197 --> 00:10:53,767
ED: Where were you
on Wednesday night?
223
00:10:56,001 --> 00:10:57,241
I was here.
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00:10:57,302 --> 00:10:59,304
You got anybody
that can vouch for you?
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00:10:59,371 --> 00:11:02,181
My wife.
And a delivery guy
who brought up a pizza.
226
00:11:02,240 --> 00:11:04,914
We understand you knew
the priest who got killed.
227
00:11:05,310 --> 00:11:07,290
I might
have met him once at
a parent-teacher conference.
228
00:11:07,446 --> 00:11:10,427
BRISCOE: And maybe you
thought your wife knew him
a little better than that?
229
00:11:10,849 --> 00:11:12,658
We had
a conversation
with Bishop Durning.
230
00:11:12,718 --> 00:11:15,164
He told us
about your phone call.
231
00:11:15,587 --> 00:11:17,726
Yo, Lennie,
check this out.
232
00:11:18,023 --> 00:11:19,502
Don Bosco newsletter.
233
00:11:19,725 --> 00:11:21,330
We get it every month.
So what?
234
00:11:21,394 --> 00:11:23,601
Yeah, well, on the front page,
it has the schedule
of confession.
235
00:11:23,663 --> 00:11:25,006
It has the priest's name,
236
00:11:25,064 --> 00:11:27,408
the day and the time
he's going to be there.
237
00:11:27,467 --> 00:11:30,812
Oh, sort of like a how-to
for somebody who might
want to kill him.
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00:11:30,970 --> 00:11:33,348
Wait. Hold on a minute.
The night of the murder,
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00:11:33,406 --> 00:11:35,443
Father Evans
was supposed to be
in that confessional.
240
00:11:35,508 --> 00:11:36,748
Not Father Grady.
241
00:11:41,948 --> 00:11:45,157
Father Grady and I
traded assignments.
242
00:11:45,218 --> 00:11:46,356
ED: Why didn't you
mention that
243
00:11:46,419 --> 00:11:47,796
the first time
we spoke to you?
244
00:11:48,154 --> 00:11:50,361
I guess
in all the turmoil
245
00:11:52,091 --> 00:11:53,866
it just slipped my mind.
246
00:11:58,131 --> 00:11:59,839
Wait, it should have
been me in there.
247
00:12:01,568 --> 00:12:03,605
Who else knew about
the switch, Father?
248
00:12:05,038 --> 00:12:06,039
Uh...
249
00:12:09,410 --> 00:12:12,220
No one. Uh, just...
Just Father Grady
and myself.
250
00:12:12,913 --> 00:12:14,859
It really wasn't
anything formal.
251
00:12:15,082 --> 00:12:16,857
What about
money problems?
252
00:12:16,917 --> 00:12:19,557
Or, uh, maybe somebody
who had a grudge against you?
253
00:12:19,620 --> 00:12:21,861
You really think
it's possible
this person was
254
00:12:22,523 --> 00:12:23,558
trying to kill me?
255
00:12:23,624 --> 00:12:25,626
Well, anything
is possible.
256
00:12:26,093 --> 00:12:29,165
Father, whoever did this
is still out there.
257
00:12:29,263 --> 00:12:31,869
So why don't you
really think about it
258
00:12:31,932 --> 00:12:33,843
and let us know
if anything clicks, huh?
259
00:12:38,439 --> 00:12:41,010
Boswell thought this priest
was getting it on with
his wife.
260
00:12:41,075 --> 00:12:42,383
Anything to it?
261
00:12:42,443 --> 00:12:43,820
It's an excuse
to wail on her.
262
00:12:43,878 --> 00:12:45,789
We referred her
to Domestic Violence.
263
00:12:45,847 --> 00:12:48,987
The pizza guy says
he delivered a large
sausage and mushroom
264
00:12:49,050 --> 00:12:51,428
to the husband right about
the time of the shooting.
265
00:12:51,619 --> 00:12:53,098
Well, what about his son?
266
00:12:53,188 --> 00:12:54,895
Kid's still on
our short list.
267
00:12:54,956 --> 00:12:56,731
But the change in the
confessional schedule
268
00:12:56,791 --> 00:12:59,203
opens up a whole new
range of possibilities.
269
00:12:59,494 --> 00:13:01,838
So, we start
looking in this
other priest's direction?
270
00:13:01,896 --> 00:13:04,604
This Father Evans?
We already have.
271
00:13:04,666 --> 00:13:08,170
We found out that Don Bosco
sends out 1,600 newsletters
every month
272
00:13:08,236 --> 00:13:10,307
to students, alumni,
congregation members.
273
00:13:10,371 --> 00:13:11,406
We have a list.
274
00:13:11,472 --> 00:13:13,713
The lab
turn up anything
to narrow it down?
275
00:13:13,908 --> 00:13:16,184
Latent came up blank.
We checked this morning.
276
00:13:16,277 --> 00:13:18,485
Well, Detectives,
you've got 1,600 names
277
00:13:18,547 --> 00:13:21,824
to cross-reference
with gun permits
and felony records.
278
00:13:22,484 --> 00:13:25,363
Eddie, just got a heads up
from the 1-5.
279
00:13:25,421 --> 00:13:27,401
A subway worker picked up
a .25 millimeter
280
00:13:27,456 --> 00:13:29,595
from the tracks
at 33rd Street
on the Lex.
281
00:13:29,658 --> 00:13:31,865
That's a few blocks
from Don Bosco.
Thank you.
282
00:13:34,630 --> 00:13:35,802
Eddie?
283
00:13:38,167 --> 00:13:40,943
It's a Phoenix Arms .25,
one shot missing
from the clip.
284
00:13:41,003 --> 00:13:43,279
I had it dusted,
but they couldn't
lift anything usable.
285
00:13:43,339 --> 00:13:45,410
You got a read on
when it was tossed?
286
00:13:45,474 --> 00:13:48,683
It's a guess, but
from the grease and grime,
I'd say a few days at most.
287
00:13:48,744 --> 00:13:49,916
How about
the test fire?
288
00:13:49,979 --> 00:13:51,959
The slug recovered from
the victim's pretty
beat up.
289
00:13:52,014 --> 00:13:54,620
I can testify consistent,
but not a dead-on match.
290
00:13:54,683 --> 00:13:56,789
So, everything says
it's our murder weapon,
291
00:13:56,853 --> 00:13:58,457
but you just can't
make it definite?
292
00:13:58,521 --> 00:13:59,795
I did run
the serial number.
293
00:13:59,856 --> 00:14:01,130
And was it stolen?
294
00:14:01,191 --> 00:14:04,001
Registered to
a Joseph Serrano,
here in the city.
295
00:14:04,060 --> 00:14:05,835
He's got a business
premises license.
296
00:14:08,598 --> 00:14:11,272
You're licensed
for a gun on the
premises, Mr. Serrano?
297
00:14:11,334 --> 00:14:14,474
Uh-huh. I bought it
about five, six years ago.
I'm open late most nights.
298
00:14:14,537 --> 00:14:16,574
So you think
you're going to scare off
a stick-up man with a .25?
299
00:14:16,640 --> 00:14:19,143
Nah. My wife made me
buy the damned thing.
300
00:14:19,209 --> 00:14:21,086
Personally, I'd rather
hand over a day's receipts
301
00:14:21,144 --> 00:14:22,885
than go
muzzle-to-muzzle
with some crackhead.
302
00:14:22,946 --> 00:14:25,119
But hey,
it makes her feel
better me having it.
303
00:14:25,181 --> 00:14:27,092
So when did this gun
go missing?
304
00:14:27,150 --> 00:14:28,823
Missing? Mmm-mmm.
It's right inside.
305
00:14:28,885 --> 00:14:30,626
I keep it locked up
under the register.
306
00:14:36,727 --> 00:14:37,865
It's gone.
307
00:14:38,062 --> 00:14:39,598
When's the last
time you saw it?
308
00:14:40,064 --> 00:14:41,566
Maybe two,
three weeks ago.
309
00:14:41,666 --> 00:14:43,202
Who else has access
to this drawer?
310
00:14:43,267 --> 00:14:44,541
What happened
with this gun?
311
00:14:44,602 --> 00:14:46,604
Who else has the key,
Mr. Serrano?
312
00:14:47,672 --> 00:14:48,844
Danny. My night manager.
313
00:14:49,006 --> 00:14:50,883
The one who wasn't
here Wednesday.
314
00:14:51,108 --> 00:14:53,110
All right.
You're coming with us
till we straighten this out.
315
00:14:54,745 --> 00:14:55,985
I didn't take the gun.
316
00:14:56,047 --> 00:14:59,756
Your boss here says you were
the only other person who
had the key, Danny.
317
00:14:59,817 --> 00:15:01,797
Plenty of people
could have picked up
that key from somewhere.
318
00:15:01,852 --> 00:15:04,856
Now that wouldn't make you
a very good night manager,
now would it?
319
00:15:05,022 --> 00:15:09,596
I go out of my way to give
you a job and now you got me
jammed up behind this? Uh-uh!
320
00:15:09,827 --> 00:15:12,637
Where'd you get this
Don Bosco mug, Danny?
321
00:15:12,697 --> 00:15:14,075
SERRANO: He went
to high school there.
322
00:15:14,132 --> 00:15:15,736
You been over there recently?
323
00:15:15,967 --> 00:15:16,968
Why would I?
324
00:15:17,202 --> 00:15:19,239
How about to
go to confession?
325
00:15:20,439 --> 00:15:22,009
Not since
I was a kid.
326
00:15:22,240 --> 00:15:23,844
ED: You heard
about the priest who
got shot over there, right?
327
00:15:23,909 --> 00:15:25,217
Look, I don't know
nothing about the priest.
328
00:15:25,277 --> 00:15:27,587
But you heard
about it, right?
329
00:15:29,147 --> 00:15:30,217
Yeah.
330
00:15:30,282 --> 00:15:34,321
BRISCOE: Well, it turns out
that priest was killed with
the gun we're talking about.
331
00:15:34,419 --> 00:15:36,296
Your gun, your school, Danny.
332
00:15:36,588 --> 00:15:37,623
BRISCOE:
Now, the least
you're looking at
333
00:15:37,689 --> 00:15:40,192
is a weapons possession
charge, kid.
334
00:15:42,894 --> 00:15:44,339
I'm going to lose my job.
335
00:15:44,596 --> 00:15:45,939
You already did.
336
00:15:46,131 --> 00:15:48,737
What we're talking
about now is jail time.
337
00:15:52,772 --> 00:15:54,217
I gave the gun
to my cousin, Angel.
338
00:15:54,307 --> 00:15:55,308
ED: Now, why would you
do that?
339
00:15:55,375 --> 00:15:56,445
He said he needed
something for protection.
340
00:15:56,509 --> 00:15:57,647
Protection from what?
341
00:15:57,710 --> 00:15:58,882
He wouldn't tell me!
342
00:15:59,212 --> 00:16:00,418
He just said
he needed the gun
343
00:16:00,480 --> 00:16:02,323
for a couple of days
and he'd bring it back.
344
00:16:02,382 --> 00:16:04,157
Does Angel
go to Don Bosco?
345
00:16:04,917 --> 00:16:05,918
No, he used to.
346
00:16:07,854 --> 00:16:09,663
Now he works up
at the boatyard.
347
00:16:12,492 --> 00:16:14,563
Angel Cabrera's worked
for me for about a year.
348
00:16:14,660 --> 00:16:16,071
You have any problems?
349
00:16:16,162 --> 00:16:17,300
He shows up.
350
00:16:17,730 --> 00:16:20,108
That's him,
working on that 19-footer.
351
00:16:26,973 --> 00:16:28,384
(HORN BLARING)
352
00:16:30,644 --> 00:16:31,782
(TRUCK HORN BLARING)
353
00:16:32,579 --> 00:16:34,889
Get your ass
back here, stupid!
354
00:16:37,017 --> 00:16:39,588
BRISCOE: We don't like it
when somebody runs, Angel.
355
00:16:39,720 --> 00:16:41,722
Kind of gets things
off on the wrong foot.
356
00:16:41,789 --> 00:16:43,132
I got a warrant, man.
357
00:16:43,190 --> 00:16:46,797
You want us to believe
you almost got yourself
shot for a turnstile jump?
358
00:16:50,130 --> 00:16:52,041
Tell us about the gun
your cousin gave you, Angel.
359
00:16:53,600 --> 00:16:55,705
I lost it.
Yeah, we know.
360
00:16:55,769 --> 00:16:58,215
Somebody found it
on the 6-Train tracks.
361
00:16:58,272 --> 00:17:00,684
Must have fell out of
my pocket when I was
changing cars.
362
00:17:00,774 --> 00:17:03,118
Now, this is after you
got off on 33rd Street?
363
00:17:03,544 --> 00:17:05,217
Man, I got no reason
to be down there.
364
00:17:05,279 --> 00:17:08,351
Well, here's the readout
from your MetroCard, Angel.
365
00:17:08,715 --> 00:17:12,960
It's got you entering the
33rd Street station
at 7:42 p.m.
366
00:17:13,388 --> 00:17:15,163
Should have jumped
that turnstile.
367
00:17:24,332 --> 00:17:25,333
You go to church?
368
00:17:27,135 --> 00:17:28,512
My mother gave me that.
369
00:17:31,272 --> 00:17:32,307
What's your mother
going to think
370
00:17:32,373 --> 00:17:34,011
when she finds out
why we picked you up?
371
00:17:36,911 --> 00:17:38,788
Maybe we ought to
call her right now.
372
00:17:39,481 --> 00:17:41,154
Yo, I don't even
know that priest, man.
373
00:17:41,216 --> 00:17:42,661
ED: You know
Father Evans?
374
00:17:43,885 --> 00:17:47,958
Look, man.
Your mother put you in
a really good Catholic school.
375
00:17:48,324 --> 00:17:49,860
She goes to church
every Sunday
376
00:17:49,925 --> 00:17:52,599
and prays for your soul
and this is how you
repay her?
377
00:17:52,661 --> 00:17:54,902
She brought you up
believing that God
forgives all sins,
378
00:17:54,964 --> 00:17:56,739
but you have
to cop to it first.
379
00:17:58,334 --> 00:18:00,940
Either way, we're going
to charge you with murder.
380
00:18:03,405 --> 00:18:04,406
I want a lawyer.
381
00:18:04,673 --> 00:18:05,674
You sure?
382
00:18:06,041 --> 00:18:09,113
Because once a lawyer
gets involved, it ain't
between you and God anymore.
383
00:18:09,779 --> 00:18:11,383
I want a lawyer.
384
00:18:20,089 --> 00:18:23,798
Well, he was in one
of my classes, but that
was over four years ago.
385
00:18:23,993 --> 00:18:26,098
And that was your
only contact with him?
386
00:18:26,228 --> 00:18:27,674
For the most part.
387
00:18:27,731 --> 00:18:30,177
Angel had
some problems
around that time.
388
00:18:30,367 --> 00:18:31,607
What kind of problems?
389
00:18:31,668 --> 00:18:34,945
I'm sure
you already know.
He was arrested a few times.
390
00:18:35,005 --> 00:18:37,349
BRISCOE:
And you helped him
out of those situations?
391
00:18:37,507 --> 00:18:38,952
His mother
contacted me.
392
00:18:39,342 --> 00:18:42,016
I offered my advice
and support to him.
393
00:18:42,446 --> 00:18:45,859
Shooting you is kind
of a strange way for him
to pay you back, isn't it?
394
00:18:48,251 --> 00:18:51,027
Then you believe
Angel's responsible
for Father Grady's murder?
395
00:18:51,087 --> 00:18:52,259
We do.
396
00:18:52,355 --> 00:18:54,266
Any reason why Angel
would want you dead,
Father?
397
00:18:54,758 --> 00:18:58,365
Oh, I'm sorry.
But I'm just not at
liberty to talk about it.
398
00:18:58,795 --> 00:19:01,139
Kind of a strange answer,
Father.
399
00:19:02,999 --> 00:19:04,569
I really don't have
anything else to say.
400
00:19:04,634 --> 00:19:06,637
But you do know something
about what happened?
401
00:19:07,371 --> 00:19:09,749
Look, whatever your
relationship is with him,
402
00:19:09,807 --> 00:19:11,115
I'm sure there's a way
we can figure this out.
403
00:19:11,175 --> 00:19:13,485
Look, I'm sorry, Detective.
404
00:19:14,879 --> 00:19:16,790
But I'm a priest,
not a police officer.
405
00:19:18,049 --> 00:19:19,050
Excuse me.
406
00:19:25,356 --> 00:19:28,735
It's better to cut Cabrera
loose now than after some
half-baked indictment.
407
00:19:28,793 --> 00:19:31,603
We got lucky on that,
the arraignment judge
held him on the warrant.
408
00:19:32,863 --> 00:19:35,275
What's our take on this
priest's refusal
to cooperate?
409
00:19:35,499 --> 00:19:38,810
Well, it sounds like Cabrera
must have told him something
in confidence.
410
00:19:38,870 --> 00:19:40,406
Then he's relying
on privilege?
411
00:19:40,471 --> 00:19:44,078
Apparently, without claiming
he took this kid's confession.
412
00:19:44,475 --> 00:19:45,511
That makes
a difference?
413
00:19:45,577 --> 00:19:48,114
If this
was a formal confession,
we'd be stopped in our tracks.
414
00:19:48,313 --> 00:19:51,920
Not every communication
between a cleric and
a congregant is privileged.
415
00:19:52,351 --> 00:19:55,764
(EXHALES)
So it's not enough if
the priest says it is?
416
00:19:55,821 --> 00:19:59,200
Privilege only attaches
when someone seeks
spiritual counsel.
417
00:20:03,962 --> 00:20:08,035
So, if this priest
is tap dancing around
this for whatever reason,
418
00:20:08,100 --> 00:20:10,478
maybe we have some leeway
to find out what was said.
419
00:20:10,702 --> 00:20:12,113
I'm not sure
I like the fact
that we have so much
420
00:20:12,170 --> 00:20:14,047
wiggle room
in all of this.
421
00:20:14,406 --> 00:20:16,408
LEWIN:
What do we know about the
nature of the conversation?
422
00:20:17,075 --> 00:20:19,817
So far we don't even know
what the circumstances were.
423
00:20:20,379 --> 00:20:22,757
LEWIN: Cabrera's mother
is the one who called
this priest.
424
00:20:22,814 --> 00:20:23,816
Mmm-hmm.
425
00:20:24,317 --> 00:20:25,523
Let's find out why.
426
00:20:29,289 --> 00:20:32,065
Your son didn't appear for
court when he was arrested.
427
00:20:32,392 --> 00:20:34,895
He was afraid
to lose his job.
428
00:20:35,762 --> 00:20:37,935
Which is why I came
to speak to you,
Mrs. Cabrera.
429
00:20:38,598 --> 00:20:41,442
Speak to me?
About what?
430
00:20:42,201 --> 00:20:44,010
Your son's been
doing pretty well.
431
00:20:44,237 --> 00:20:45,307
Yes.
432
00:20:45,605 --> 00:20:48,586
Only, now
we think he might have some
information about a shooting,
433
00:20:49,108 --> 00:20:51,418
but so far
he's refused to
tell us anything.
434
00:20:51,978 --> 00:20:54,015
My Angel is a good boy.
435
00:20:55,148 --> 00:20:56,855
That's what
Father Evans tells us.
436
00:20:57,216 --> 00:20:58,854
God bless that man.
437
00:20:58,918 --> 00:21:01,125
I don't know what
we'd do without him.
438
00:21:02,556 --> 00:21:05,127
So, Father Evans has
helped Angel before, then?
439
00:21:05,593 --> 00:21:07,129
Yeah, in high school.
440
00:21:08,896 --> 00:21:13,003
His father ran off.
My son took it
very hard.
441
00:21:13,067 --> 00:21:14,102
I tried...
442
00:21:14,168 --> 00:21:16,307
But that's
when Angel started
getting into trouble.
443
00:21:16,370 --> 00:21:19,977
Yeah. He began to have
problems in school and
444
00:21:21,075 --> 00:21:24,648
then there was
the stolen cars,
shoplifting...
445
00:21:24,845 --> 00:21:26,791
So you called Father Evans?
446
00:21:27,748 --> 00:21:31,924
One night Angel comes home.
He's very scared.
447
00:21:32,119 --> 00:21:33,393
Scared about what?
448
00:21:33,554 --> 00:21:35,556
I think he saw
something happen.
449
00:21:36,657 --> 00:21:37,965
He would never tell me.
450
00:21:38,025 --> 00:21:39,936
I don't think he wanted
to frighten me.
451
00:21:39,994 --> 00:21:41,565
But you never knew
what this was about?
452
00:21:41,630 --> 00:21:45,168
No. All I know, is that
he was afraid to go out.
453
00:21:45,667 --> 00:21:48,978
And we started
getting these calls
in the middle of the night.
454
00:21:49,371 --> 00:21:51,214
I finally disconnected
the phone.
455
00:21:51,473 --> 00:21:52,781
You didn't
call the police?
456
00:21:52,841 --> 00:21:54,821
No, I called Father Evans.
457
00:21:55,210 --> 00:21:58,453
He came to our apartment
and spoke to Angel.
458
00:21:59,347 --> 00:22:00,621
And nothing happened.
459
00:22:00,682 --> 00:22:01,956
Thank God.
460
00:22:02,283 --> 00:22:06,231
And ever since then,
Father Evans has always
kept in touch with Angel.
461
00:22:07,489 --> 00:22:10,026
When was the last time
your son saw Father Evans?
462
00:22:10,091 --> 00:22:12,230
A few weeks ago, I think.
463
00:22:16,097 --> 00:22:17,201
MURPHY: Angel Cabrera?
464
00:22:17,265 --> 00:22:20,007
Hmm, there's one entry.
"Detective R. Murphy,
3-1 Precinct."
465
00:22:20,069 --> 00:22:21,673
He would have been 18
when you pulled
his jacket.
466
00:22:21,771 --> 00:22:24,012
I worked a lot
of cases the past
three years, Counselor.
467
00:22:24,073 --> 00:22:26,451
Well, what were you
working in October
of '98?
468
00:22:26,509 --> 00:22:28,989
We have to save
our old memo books.
Let me take a look.
469
00:22:29,044 --> 00:22:30,921
Well, his mother said she
had the phone disconnected.
470
00:22:30,980 --> 00:22:32,926
According to
the phone company,
that was on the 11th.
471
00:22:32,982 --> 00:22:34,893
You pulled his jacket
on the 16th.
472
00:22:34,950 --> 00:22:36,224
Okay, looks like
I was working
473
00:22:36,285 --> 00:22:39,095
a couple of
residential break-ins
with our Burglary Squad.
474
00:22:39,155 --> 00:22:40,327
Anything else?
475
00:22:40,389 --> 00:22:41,834
Uh, a homicide.
476
00:22:41,891 --> 00:22:44,371
The vic was a kid
named Samuel Landrum.
477
00:22:44,427 --> 00:22:46,338
Okay, yeah, here he is.
Angel Cabrera.
478
00:22:46,395 --> 00:22:48,397
Address. Phone disconnected.
That's right.
479
00:22:48,464 --> 00:22:49,841
Why were you trying
to contact him?
480
00:22:49,899 --> 00:22:52,743
We had a tip
he had some information.
He's possibly an eyewitness.
481
00:22:53,102 --> 00:22:54,445
Did you ever
interview him?
482
00:22:54,503 --> 00:22:56,278
Doesn't look like
we ever did.
Why not?
483
00:22:56,338 --> 00:22:59,081
Case was closed
with one collar
on the 29th.
484
00:22:59,142 --> 00:23:00,746
Perp's name,
Freddie Ortega.
485
00:23:00,811 --> 00:23:03,985
And if I'm remembering right,
Ortega got convicted,
he went upstate.
486
00:23:04,047 --> 00:23:05,424
Without Cabrera's
cooperation?
487
00:23:05,515 --> 00:23:08,359
Turns out we didn't need it.
We had a solid ID on Ortega.
488
00:23:08,418 --> 00:23:09,897
Then we found
a jacket in his closet
489
00:23:09,953 --> 00:23:12,331
with Landrum's blood on it
the day we grabbed him up.
490
00:23:13,890 --> 00:23:15,927
The victim was knifed
in Riverside Park.
491
00:23:16,026 --> 00:23:18,097
One group of kids beefing
with another group of kids
492
00:23:18,161 --> 00:23:19,572
over a bubble jacket.
493
00:23:19,629 --> 00:23:20,733
This year it's denim.
494
00:23:20,797 --> 00:23:22,174
But it just doesn't
make any sense, Jack.
495
00:23:22,232 --> 00:23:24,007
Why would Cabrera
want to kill Evans
496
00:23:24,067 --> 00:23:25,978
if all it was about was
his involvement as
a witness?
497
00:23:26,036 --> 00:23:27,379
Have you talked
to Father Evans
498
00:23:27,437 --> 00:23:29,007
since you learned
about the Landrum case?
499
00:23:29,072 --> 00:23:30,949
No. He won't
take my phone calls.
500
00:23:31,908 --> 00:23:33,353
Drop a subpoena on him.
501
00:23:33,777 --> 00:23:34,983
On a priest?
502
00:23:35,045 --> 00:23:37,651
Cabrera's bound to be
cut loose at his next
court appearance.
503
00:23:37,715 --> 00:23:40,127
I'd rather
not see him taking
another shot at someone.
504
00:23:40,184 --> 00:23:41,629
Well, obviously,
this priest feels like
505
00:23:41,686 --> 00:23:43,927
he has a religious
obligation to stay silent.
506
00:23:43,988 --> 00:23:46,264
Question for us is,
is it a legal obligation?
507
00:23:46,324 --> 00:23:49,100
And we can't know that until
we get some information
from him.
508
00:23:49,193 --> 00:23:51,833
Well, what if he won't answer
our questions in front of
a grand jury?
509
00:23:51,896 --> 00:23:53,432
I mean,
would we really
hold him in contempt?
510
00:23:53,498 --> 00:23:54,533
Not our call.
511
00:23:54,599 --> 00:23:56,306
Well, we're the ones
putting him in this position.
512
00:23:56,367 --> 00:23:58,677
Doctors, lawyers,
even priests.
513
00:23:58,736 --> 00:24:00,545
They don't get to
make their own rules.
514
00:24:00,605 --> 00:24:03,211
Sometimes the people that
they counsel get a free pass,
515
00:24:03,274 --> 00:24:05,914
but only in a narrow
set of circumstances.
516
00:24:07,311 --> 00:24:08,312
(EXHALES IN FRUSTRATION)
517
00:24:09,680 --> 00:24:11,216
I thought you were
brought up Catholic.
518
00:24:11,282 --> 00:24:13,626
Which is exactly why
I'm bending over backwards
519
00:24:13,684 --> 00:24:15,630
to treat this man
like any other witness.
520
00:24:17,489 --> 00:24:20,629
Just let me
try and talk to him again.
Just give me one more chance.
521
00:24:20,893 --> 00:24:22,964
I'm not
looking for a fight.
Take your best shot.
522
00:24:24,429 --> 00:24:25,601
Great.
523
00:24:26,598 --> 00:24:28,771
Only bring
a subpoena
with you.
524
00:24:35,707 --> 00:24:38,153
Hi. I'm Serena Southerlyn,
from the D.A.'s office.
525
00:24:38,210 --> 00:24:40,156
I'm handling
the Cabrera case.
526
00:24:40,913 --> 00:24:43,757
I'd like to ask you a few
questions about him, Father.
527
00:24:45,083 --> 00:24:46,585
Well, I'm afraid
I can't help you.
528
00:24:46,652 --> 00:24:48,996
But you haven't
even heard what I want
to speak with you about.
529
00:24:51,256 --> 00:24:54,135
I didn't mean
to be rude. Please.
530
00:24:55,260 --> 00:24:56,262
Thanks.
531
00:25:03,736 --> 00:25:05,807
I've already spoken
with Angel's mother.
532
00:25:07,740 --> 00:25:10,744
And with the detective
who investigated the
Landrum murder.
533
00:25:13,313 --> 00:25:14,690
There's nothing I can add.
534
00:25:14,747 --> 00:25:16,658
Are you sure
there's nothing you're
willing to say, Father?
535
00:25:16,716 --> 00:25:18,195
On or off the record?
536
00:25:20,787 --> 00:25:23,461
I'm very sorry, but no.
537
00:25:24,824 --> 00:25:27,134
I know you think what
you're doing is right.
538
00:25:29,395 --> 00:25:32,205
We're not
going to stop
asking these questions.
539
00:25:37,638 --> 00:25:38,639
(SIGHS)
540
00:25:39,907 --> 00:25:43,582
This is a subpoena requiring
you to appear and give
testimony before
541
00:25:43,644 --> 00:25:48,059
the grand jury
in the case of People
against Angel Cabrera.
542
00:25:59,627 --> 00:26:03,837
The Archdiocese
views this as an abuse
of your prosecutorial power.
543
00:26:04,431 --> 00:26:07,002
My office
is investigating
the murder of a priest.
544
00:26:07,067 --> 00:26:10,640
And who more than the Church
would want his killer
brought to justice?
545
00:26:10,771 --> 00:26:13,480
We all respect
religious privilege,
546
00:26:13,642 --> 00:26:16,418
but the law entitles us
to ask certain questions
547
00:26:16,578 --> 00:26:19,855
in order to determine whether
or not that privilege applies.
548
00:26:20,115 --> 00:26:22,391
He confided in a priest.
549
00:26:22,918 --> 00:26:24,795
What more do you
people need?
550
00:26:24,853 --> 00:26:27,129
Father Evans
never claimed
it was confession.
551
00:26:27,589 --> 00:26:29,830
And Cabrera's mother
indicated that
he was afraid,
552
00:26:29,891 --> 00:26:31,029
that he didn't know
what to do.
553
00:26:31,092 --> 00:26:35,438
Legal privilege wouldn't apply
if Cabrera were only seeking
practical advice.
554
00:26:35,497 --> 00:26:38,341
The whole
purpose of privilege
is to encourage people
555
00:26:38,400 --> 00:26:42,007
to seek guidance
from their clergy in
an atmosphere of trust.
556
00:26:42,070 --> 00:26:44,641
You really want to be
splitting hairs on this?
557
00:26:45,507 --> 00:26:48,113
Unfortunately, it's
our job to split hairs.
558
00:26:48,176 --> 00:26:53,149
This priest
made a decision
to keep a confidence.
559
00:26:54,150 --> 00:26:57,290
I'm asking you to
respect his decision.
560
00:26:57,353 --> 00:27:02,098
We're trying to.
But we can't do it without
the cooperation of the priest.
561
00:27:07,396 --> 00:27:10,240
At some point
you're going to face
the voters, Ms. Lewin.
562
00:27:10,299 --> 00:27:12,540
I don't think you want to
be known as the candidate
563
00:27:12,602 --> 00:27:14,445
who locked up a priest
because of his
564
00:27:15,137 --> 00:27:16,912
spiritual convictions.
565
00:27:17,206 --> 00:27:20,244
I certainly hope that's
not a threat, Mr. Mansfield.
566
00:27:20,309 --> 00:27:23,654
Because if it is, you might
want to consider your
own position
567
00:27:23,746 --> 00:27:27,489
as someone
who's obstructing the
investigation of a homicide.
568
00:27:29,652 --> 00:27:32,065
I really hope
you reconsider.
569
00:27:32,456 --> 00:27:33,457
Good day.
570
00:27:41,765 --> 00:27:42,766
(DOOR CLOSES)
571
00:27:44,167 --> 00:27:46,511
We're absolutely sure
there's no other way
to do this?
572
00:27:46,670 --> 00:27:49,014
The only two people
who know anything
won't talk to us.
573
00:27:49,406 --> 00:27:51,249
Unless we get
some information
from Father Evans,
574
00:27:51,308 --> 00:27:52,753
we're working in the dark.
575
00:27:52,809 --> 00:27:54,982
Well, with everything that's
been happening in this city,
576
00:27:55,045 --> 00:27:57,787
are we sure
this is the right time to
be challenging the Church?
577
00:28:00,384 --> 00:28:03,922
Angel Cabrera
wasn't the only one there
when Landrum was murdered.
578
00:28:05,722 --> 00:28:07,292
Freddie Ortega
was there, too.
579
00:28:12,864 --> 00:28:14,366
ORTEGA:
Father Evans sent you?
580
00:28:14,632 --> 00:28:16,509
JACK: Why do you think that,
Mr. Ortega?
581
00:28:16,734 --> 00:28:18,543
Because he told me
he was going to help me.
582
00:28:19,237 --> 00:28:20,682
You're from
the D.A., right?
583
00:28:20,938 --> 00:28:22,315
Yeah. That's right.
584
00:28:22,473 --> 00:28:24,783
So, didn't he talk to you?
Isn't that how come
you're here?
585
00:28:25,576 --> 00:28:27,556
We came here on our own.
586
00:28:29,047 --> 00:28:31,357
Maybe I should just let
Father Evans handle this.
587
00:28:31,416 --> 00:28:35,193
If you're looking for help,
I'd think you'd be eager
to talk to us.
588
00:28:37,021 --> 00:28:38,022
(SIGHS)
589
00:28:38,589 --> 00:28:40,296
But Father Evans is
trying to get me
out of here.
590
00:28:40,525 --> 00:28:41,799
Why would he
be doing that?
591
00:28:41,993 --> 00:28:43,631
Because he knows
I didn't kill nobody.
592
00:28:44,095 --> 00:28:45,597
JACK: A jury
thought otherwise.
593
00:28:46,364 --> 00:28:47,843
That's 'cause they
don't know everything.
594
00:28:47,965 --> 00:28:49,639
There was
a lot of people
tussling out there, man.
595
00:28:49,701 --> 00:28:51,442
But I wasn't the one
who stabbed the kid.
596
00:28:51,537 --> 00:28:53,414
His blood was found
on your jacket.
597
00:28:53,472 --> 00:28:56,078
Because I helped carry him,
the fight was over by then.
598
00:28:56,842 --> 00:28:58,947
A person ID'd you
as the stabber.
599
00:28:59,278 --> 00:29:02,816
Oh, man, she only saw it after
when I was picking Sammie up
off the ground.
600
00:29:04,049 --> 00:29:06,359
Look, Father Evans
knows I didn't do it.
601
00:29:07,252 --> 00:29:08,253
HOW?
602
00:29:08,554 --> 00:29:10,864
All he said
was that God knew
the wrong person was in jail.
603
00:29:12,658 --> 00:29:13,898
When did he say this?
604
00:29:14,093 --> 00:29:15,265
He's been saying it.
605
00:29:15,327 --> 00:29:17,329
This whole time I been here,
he's been saying it.
606
00:29:17,930 --> 00:29:19,671
Look, you don't believe me,
I got his letters telling me
607
00:29:19,731 --> 00:29:20,937
to keep the faith
and everything.
608
00:29:20,999 --> 00:29:23,479
Then after
my appeal got squashed,
that's when he came to see me.
609
00:29:24,436 --> 00:29:25,506
What did he tell you?
610
00:29:25,938 --> 00:29:27,646
He said that
he was going to get
the guy who killed Sammie
611
00:29:27,707 --> 00:29:28,879
to go to the police.
612
00:29:28,942 --> 00:29:30,546
How did he
plan to do that?
613
00:29:31,177 --> 00:29:32,781
All he said was
that God would
make sure
614
00:29:32,846 --> 00:29:34,826
that everything
would come out
all right.
615
00:29:40,186 --> 00:29:41,529
So now we know.
616
00:29:41,588 --> 00:29:44,034
Cabrera wasn't
just an eyewitness,
he was the murderer.
617
00:29:44,591 --> 00:29:48,004
Father Evans went into
high gear when Ortega's
last appeal was denied.
618
00:29:48,061 --> 00:29:51,736
That's when he started making
personal visits to prison
and to Cabrera.
619
00:29:51,998 --> 00:29:53,500
LEWIN: Trying to
get him to confess.
620
00:29:53,566 --> 00:29:54,567
Re-confess.
621
00:29:54,968 --> 00:29:58,245
So, if Cabrera thought
this priest was about
to reveal his secret,
622
00:29:58,304 --> 00:30:00,215
he had plenty of
motive to kill him.
623
00:30:01,241 --> 00:30:02,914
What are we going
to do about Ortega?
624
00:30:03,343 --> 00:30:07,759
No judge is going to release
a convicted killer based on
his self-serving statement.
625
00:30:09,817 --> 00:30:12,559
We need
Father Evans now
more than ever.
626
00:30:21,495 --> 00:30:22,906
PAUL: Jack McCoy.
627
00:30:23,631 --> 00:30:25,201
Thanks for making
the time, Paul.
628
00:30:25,299 --> 00:30:28,007
How many years since
your last confession?
629
00:30:30,471 --> 00:30:32,678
How can I help the people
of the state of New York?
630
00:30:33,607 --> 00:30:35,211
We've got an issue
with a priest.
631
00:30:35,843 --> 00:30:38,380
Refusing to disclose
what someone told him.
632
00:30:38,712 --> 00:30:42,091
And you want to pick my brain
to see how you can twist
the poor fellow's arm?
633
00:30:43,851 --> 00:30:46,389
Well, you're going to have
to tell me more than that,
if you want my help.
634
00:30:46,454 --> 00:30:48,297
We think this kid
committed a crime.
635
00:30:48,356 --> 00:30:50,632
Then his mother called
this priest to talk
to him.
636
00:30:51,526 --> 00:30:52,903
To give confession?
637
00:30:53,361 --> 00:30:55,773
The priest
is refusing to say
one way or the other.
638
00:30:57,399 --> 00:30:59,174
Well, was the kid
asking forgiveness?
639
00:30:59,234 --> 00:31:01,578
Based on everything
we've learned so far,
640
00:31:01,636 --> 00:31:03,411
I'm guessing no.
641
00:31:04,739 --> 00:31:07,242
People go to confession
to seek forgiveness.
642
00:31:07,809 --> 00:31:10,756
To express regret for
whatever it is that
they've done.
643
00:31:11,746 --> 00:31:12,952
I don't know of any priest
644
00:31:13,014 --> 00:31:15,551
who would absolve
a murderer without that.
645
00:31:15,884 --> 00:31:17,795
Or without their agreeing
to come forward to accept
646
00:31:17,853 --> 00:31:19,799
whatever punishment
he or she might deserve.
647
00:31:20,322 --> 00:31:23,896
Well, this kid is letting
an innocent man do his
time for him.
648
00:31:23,960 --> 00:31:26,497
And he tried to kill
this priest to keep
him quiet.
649
00:31:26,929 --> 00:31:28,465
The Grady case.
650
00:31:29,498 --> 00:31:33,742
A patient
threatens his shrink,
a client threatens his lawyer,
651
00:31:35,671 --> 00:31:37,912
any confidentiality
there is gone.
652
00:31:38,841 --> 00:31:41,651
Religion and the law
don't always speak
the same language.
653
00:31:43,212 --> 00:31:44,247
That being said,
654
00:31:44,313 --> 00:31:47,556
on these facts, I wouldn't
have much trouble
revealing what he'd told me.
655
00:31:47,617 --> 00:31:49,961
So, what's stopping
this priest?
656
00:31:51,254 --> 00:31:52,858
He must still have hope.
657
00:31:54,190 --> 00:31:57,694
Hope that he can get this kid
to come forward and save
his soul.
658
00:31:58,561 --> 00:32:01,132
Now my guess is, as long
as this priest has that hope,
659
00:32:02,198 --> 00:32:03,837
you won't get him
to talk.
660
00:32:05,769 --> 00:32:09,444
So my job is to take
his hope away from him.
661
00:32:11,842 --> 00:32:13,219
Don't worry, Jack.
662
00:32:13,643 --> 00:32:15,486
I'll still put in
a good word for you.
663
00:32:19,216 --> 00:32:20,854
SERENA: "I know
you didn't kill anyone.
664
00:32:21,051 --> 00:32:23,861
"You're a victim
of a terrible
miscarriage of justice.
665
00:32:24,021 --> 00:32:26,695
"But you must have faith
in the Lord and not
lose hope.
666
00:32:27,491 --> 00:32:30,563
"I'll do everything in
my power as servant of
His Church
667
00:32:30,694 --> 00:32:32,230
"to fight
for your freedom."
668
00:32:32,329 --> 00:32:34,206
That was
personal correspondence.
669
00:32:34,298 --> 00:32:36,904
Which Mr. Ortega
consensually provided.
670
00:32:43,741 --> 00:32:45,516
Now that you know,
671
00:32:46,344 --> 00:32:47,550
can't you help him?
672
00:32:47,612 --> 00:32:49,990
The court's
not just going to take
his word for it, Father.
673
00:32:50,114 --> 00:32:52,094
I can't reveal
what Angel told me.
674
00:32:52,517 --> 00:32:53,894
You've done what
you could for this kid.
675
00:32:53,952 --> 00:32:55,329
He's not going
to come forward.
676
00:32:55,887 --> 00:32:58,163
Father Grady's murder
is proof of that.
677
00:32:59,624 --> 00:33:01,433
So there's nothing I can say.
678
00:33:01,492 --> 00:33:05,565
Well, if you can't repeat what
he told you, at least give us
some background information.
679
00:33:06,397 --> 00:33:07,876
How would that help you?
680
00:33:08,199 --> 00:33:10,679
Well, if we can understand
the circumstances of
his statements...
681
00:33:10,735 --> 00:33:11,736
No!
682
00:33:13,271 --> 00:33:14,341
You're looking
for loopholes.
683
00:33:14,405 --> 00:33:15,713
We're looking
for the truth.
684
00:33:15,773 --> 00:33:19,550
Angel Cabrera
bared his soul to me
as Christ's intermediary.
685
00:33:19,711 --> 00:33:22,454
In his apartment,
not in a church.
686
00:33:22,514 --> 00:33:23,857
Oh, come on, Mr. McCoy.
687
00:33:23,916 --> 00:33:26,021
You know what
I'm talking about, Father.
688
00:33:26,085 --> 00:33:28,998
He believed
he was speaking to me
under a seal of secrecy.
689
00:33:29,088 --> 00:33:31,796
Did he ask your advice
about what he should do?
690
00:33:32,691 --> 00:33:34,136
Of course.
Legal advice?
691
00:33:34,827 --> 00:33:36,807
This wasn't
a legal consultation.
692
00:33:36,862 --> 00:33:38,273
Did you offer
him absolution?
693
00:33:38,330 --> 00:33:39,536
This is wrong.
694
00:33:39,598 --> 00:33:40,941
How about
an act of contrition?
695
00:33:40,999 --> 00:33:44,378
If he were a Jew and I was
a Rabbi, you wouldn't even
be asking these things.
696
00:33:44,436 --> 00:33:47,679
Maybe not. But we'd be
asking different things.
697
00:33:48,107 --> 00:33:49,347
Oh, I see.
698
00:33:49,908 --> 00:33:53,082
So it isn't
a home run because
we didn't touch all the bases.
699
00:33:53,145 --> 00:33:55,648
If his
statements weren't
spiritually motivated,
700
00:33:55,714 --> 00:33:58,285
you are
allowed to testify
about what was said.
701
00:33:58,350 --> 00:34:00,797
I'm not supposed to be
looking for technicalities.
702
00:34:01,921 --> 00:34:03,457
Don't you think
I want to help you?
703
00:34:05,558 --> 00:34:06,559
I just can't.
704
00:34:12,799 --> 00:34:14,506
One more push,
we could have him.
705
00:34:14,567 --> 00:34:15,671
Or lose him.
706
00:34:15,735 --> 00:34:18,807
Mr. McCoy. Dana Bauer.
707
00:34:19,906 --> 00:34:21,943
I've been assigned to
represent Angel Cabrera.
708
00:34:22,809 --> 00:34:24,379
On a turnstile jump?
709
00:34:24,444 --> 00:34:27,220
I think we all know
a murder indictment's
coming down the pike.
710
00:34:27,347 --> 00:34:28,451
JACK: Do we?
711
00:34:28,515 --> 00:34:30,791
I also know you've been
speaking to Father Evans.
712
00:34:31,851 --> 00:34:33,922
You don't have to tell me,
I'll save you the trouble.
713
00:34:34,587 --> 00:34:36,589
This is a motion to
preclude any and
all statements
714
00:34:36,656 --> 00:34:38,728
my client made
to Father Evans.
715
00:34:39,393 --> 00:34:40,463
Enjoy your day.
716
00:34:46,934 --> 00:34:48,971
Anything my client
said to Father Evans
717
00:34:49,036 --> 00:34:51,277
during the visit to
his apartment in 1998
718
00:34:51,338 --> 00:34:53,579
is inadmissible
hearsay evidence.
719
00:34:53,641 --> 00:34:56,850
Even if I find
the clergy-congregant
privilege doesn't apply here?
720
00:34:56,911 --> 00:34:58,913
That's right, Judge.
In this situation,
721
00:34:58,979 --> 00:35:01,084
the hearsay rule
would bar the statement,
722
00:35:01,148 --> 00:35:02,855
even if the
privilege wouldn't.
723
00:35:02,917 --> 00:35:06,455
Mr. Cabrera's statement was
a declaration against his
penal interest.
724
00:35:06,520 --> 00:35:08,932
It's admissible
under an exception
to the hearsay rule.
725
00:35:09,256 --> 00:35:11,361
Mr. McCoy's forgetting
that Mr. Cabrera
726
00:35:11,425 --> 00:35:14,304
thought he was speaking
to Father Evans in confidence.
727
00:35:14,628 --> 00:35:16,665
Since he didn't
believe his words
would ever be revealed,
728
00:35:16,731 --> 00:35:18,439
they weren't
against his interest.
729
00:35:20,135 --> 00:35:21,239
Counselors?
730
00:35:21,303 --> 00:35:23,146
People v. Robinson,
Your Honor.
731
00:35:23,605 --> 00:35:29,055
Robinson is a fail-safe remedy
available when the hearsay
rule violates due process.
732
00:35:29,511 --> 00:35:31,491
Father Evans'
testimony will establish
733
00:35:31,546 --> 00:35:34,652
that an innocent man
is serving a life sentence.
734
00:35:34,950 --> 00:35:36,987
If that is
not a violation
of due process,
735
00:35:37,052 --> 00:35:38,258
I don't know what is.
736
00:35:38,320 --> 00:35:40,823
But Mr. Cabrera's the one
who's being prosecuted here.
737
00:35:40,889 --> 00:35:43,733
This remedy
was not carved out for
the benefit of a third party.
738
00:35:43,792 --> 00:35:46,033
It shouldn't matter whose
name is in the caption, Judge.
739
00:35:46,094 --> 00:35:47,835
If Robinson
says anything,
740
00:35:47,929 --> 00:35:50,739
it's that you cannot look
at the hearsay rule
in a vacuum.
741
00:35:51,566 --> 00:35:53,273
I have to agree, Ms. Bauer.
742
00:35:53,335 --> 00:35:55,542
Provided Father Evans
will, in fact, testify
743
00:35:55,605 --> 00:35:57,551
that Mr. Cabrera
made a confession.
744
00:35:57,607 --> 00:36:00,213
If he takes the stand,
that's what
we anticipate he'll say.
745
00:36:00,376 --> 00:36:02,049
Anticipate, Mr. McCoy?
746
00:36:02,378 --> 00:36:05,257
He hasn't
revealed the substance of
Mr. Cabrera's statement to us.
747
00:36:05,448 --> 00:36:08,895
I'm not allowing this priest
in front of a jury if he's
going to balk
748
00:36:08,951 --> 00:36:10,726
when he gets to
the moment of truth.
749
00:36:10,786 --> 00:36:13,995
That's a not-so-subtle
hint to the jury that
Mr. Cabrera's guilty.
750
00:36:14,423 --> 00:36:17,461
What if we produce
Father Evans
as an offer of proof?
751
00:36:17,560 --> 00:36:20,200
Fine, but the man's going
to have to make up his mind,
752
00:36:20,263 --> 00:36:21,537
one way or the other.
753
00:36:26,202 --> 00:36:28,739
I just called Father Evans
to tell him about the hearing.
754
00:36:29,238 --> 00:36:30,512
JACK: How did he take it?
755
00:36:30,873 --> 00:36:34,082
Well, he thanked me for not
showing up at his door with
another subpoena.
756
00:36:34,377 --> 00:36:35,880
Any read on what
he's going to do?
757
00:36:36,914 --> 00:36:38,450
I don't think
he knows himself.
758
00:36:39,349 --> 00:36:40,350
(KNOCK ON DOOR)
759
00:36:40,451 --> 00:36:42,795
Mr. McCoy?
Bishop Durning.
760
00:36:47,291 --> 00:36:48,964
May I speak
with you privately?
761
00:36:50,193 --> 00:36:51,638
I have a few calls
to make.
762
00:36:54,698 --> 00:36:55,699
Please.
763
00:36:57,568 --> 00:36:59,377
I take it
this is about
Father Evans?
764
00:37:01,371 --> 00:37:04,614
It's my understanding that
you still intend to call
him to testify.
765
00:37:06,176 --> 00:37:07,712
It's the only way
we can prove
766
00:37:07,778 --> 00:37:10,418
one defendant's guilt
and another's innocence.
767
00:37:10,781 --> 00:37:13,922
No one is trying
to subvert the ends
of justice, Mr. McCoy.
768
00:37:13,985 --> 00:37:15,555
Certainly not the Church.
769
00:37:15,887 --> 00:37:19,061
But your decision
puts Father Evans in
an untenable position.
770
00:37:19,724 --> 00:37:22,603
I'm sympathetic with that.
Father Evans doesn't want
to talk to us.
771
00:37:23,127 --> 00:37:24,902
But he must talk to us.
772
00:37:25,330 --> 00:37:27,435
This is one
of those situations
773
00:37:27,498 --> 00:37:30,536
where the ends of religion
and the ends of justice
don't coincide.
774
00:37:31,069 --> 00:37:34,846
Isn't the job of saving souls
more important than
punishing them?
775
00:37:35,707 --> 00:37:38,051
Catholic, Muslim, Jew.
A man's
776
00:37:38,610 --> 00:37:40,920
private communication
with his spiritual advisor
777
00:37:40,979 --> 00:37:42,981
is none of the
government's business.
778
00:37:43,748 --> 00:37:46,661
It's away for people
to reach out to God,
779
00:37:47,618 --> 00:37:50,531
to seek out
His compassion
and forgiveness.
780
00:37:51,222 --> 00:37:54,397
I'm not sure Mr. Cabrera
was seeking forgiveness.
781
00:37:54,827 --> 00:37:56,329
And who makes that call?
782
00:37:56,595 --> 00:37:59,405
In this building,
the court does.
783
00:38:02,034 --> 00:38:04,036
If Father Evans
refuses to testify,
784
00:38:04,103 --> 00:38:05,514
the court could
hold him in contempt.
785
00:38:06,472 --> 00:38:09,976
If he violates his conscience
or the precepts of the Church,
786
00:38:10,976 --> 00:38:13,013
there may also
be consequences.
787
00:38:15,047 --> 00:38:18,051
Either case,
it's no place to be.
788
00:38:22,121 --> 00:38:25,398
Find another way, Mr. McCoy
For all our sakes.
789
00:38:37,203 --> 00:38:39,149
JACK: First you go down
on the murder in the church.
790
00:38:39,205 --> 00:38:40,809
That's 25-to-life.
791
00:38:41,775 --> 00:38:43,686
Then we try you
for the Landrum murder.
792
00:38:43,743 --> 00:38:45,416
That's another 25.
793
00:38:47,514 --> 00:38:48,754
What's the offer?
794
00:38:48,815 --> 00:38:51,728
He pleads to both,
20-to-life concurrent.
795
00:38:53,153 --> 00:38:55,599
Fifteen and we've got
something to talk about.
796
00:38:59,993 --> 00:39:01,233
Fifteen.
797
00:39:03,096 --> 00:39:04,097
Angel?
798
00:39:05,498 --> 00:39:08,502
All this depends on whether
Father Evans gives
me up, right?
799
00:39:09,336 --> 00:39:11,044
Fifteen is
better than 50, Angel.
800
00:39:11,138 --> 00:39:13,209
And zero's
better than both.
801
00:39:13,941 --> 00:39:15,682
I don't think he's going to
testify against me.
802
00:39:16,143 --> 00:39:18,180
Well, then why did
you try to kill him?
803
00:39:22,283 --> 00:39:24,763
If he was going to talk,
he would've done it already.
804
00:39:24,819 --> 00:39:26,890
And if you're so sure
that he's going to go
to court at all,
805
00:39:26,954 --> 00:39:28,991
you wouldn't be trying
to get me to cop out now.
806
00:39:29,056 --> 00:39:30,694
Yes or no, Mr. Cabrera?
807
00:39:33,127 --> 00:39:34,731
Let's leave it
in God's hands.
808
00:39:40,601 --> 00:39:43,844
I didn't hold out
much hope Angel would
accept a plea bargain.
809
00:39:45,873 --> 00:39:48,012
I was never able
to reach him either.
810
00:39:51,213 --> 00:39:53,056
I went
as far as I could.
811
00:39:55,317 --> 00:39:56,591
And I thank you for that.
812
00:40:00,889 --> 00:40:02,766
I accepted
this calling because
813
00:40:04,026 --> 00:40:05,562
I wanted to
make a difference,
814
00:40:07,062 --> 00:40:08,598
to teach and minister
to young people,
815
00:40:08,664 --> 00:40:11,668
to offer solace and hope.
816
00:40:15,237 --> 00:40:17,217
If there was
another way...
817
00:40:20,842 --> 00:40:22,549
Suppose, as a lawyer,
818
00:40:23,445 --> 00:40:25,447
you held a client's
confidence,
819
00:40:26,982 --> 00:40:30,556
a secret you felt
morally bound to reveal.
820
00:40:34,423 --> 00:40:36,835
Would you violate your oath?
821
00:40:36,893 --> 00:40:38,770
If I felt morally bound,
822
00:40:40,997 --> 00:40:43,739
I'd like to think I'd
follow my conscience, yes.
823
00:40:44,667 --> 00:40:47,841
You'd be willing to accept the
consequences of your decision?
824
00:40:51,107 --> 00:40:53,747
It doesn't concern you
that your life is
in danger?
825
00:40:53,810 --> 00:40:54,811
Of course it does.
826
00:40:58,014 --> 00:41:00,392
But if I let reason
persuade me in this,
827
00:41:01,417 --> 00:41:02,919
then my soul
is in danger.
828
00:41:03,152 --> 00:41:05,758
It's noble of you to
defend the ideal, Father,
829
00:41:06,590 --> 00:41:09,332
that you can get
Angel Cabrera to
come forward.
830
00:41:13,197 --> 00:41:14,733
But when he
came after you,
831
00:41:15,599 --> 00:41:18,603
when he murdered another
priest to keep the secret,
832
00:41:19,803 --> 00:41:21,612
he rejected the ideal.
833
00:41:24,174 --> 00:41:27,849
You and I both know
there's such a thing as
evil in the world, Father.
834
00:41:29,680 --> 00:41:32,320
People out there
I still might be
able to help.
835
00:41:35,652 --> 00:41:37,893
If I choose to make
a personal decision
836
00:41:39,856 --> 00:41:41,802
and reveal
this confidence,
837
00:41:42,726 --> 00:41:44,797
my usefulness as a priest
838
00:41:46,998 --> 00:41:48,739
will be compromised forever.
839
00:42:03,114 --> 00:42:06,152
I received
a phone call
from Mrs. Cabrera.
840
00:42:06,684 --> 00:42:09,130
She said Angel was
in some kind of trouble
841
00:42:09,254 --> 00:42:11,165
and she begged me
to come right over.
842
00:42:12,824 --> 00:42:14,997
What did you observe
when you arrived?
843
00:42:15,059 --> 00:42:17,630
Mrs. Cabrera was in
a state of agitation.
844
00:42:17,762 --> 00:42:20,470
She asked me to go into
Angel's bedroom and
speak to him.
845
00:42:21,466 --> 00:42:22,467
I went in.
846
00:42:23,234 --> 00:42:26,011
Angel was on his bed,
he was crying.
847
00:42:26,972 --> 00:42:29,350
There was dried blood on
the sleeve of his sweatshirt.
848
00:42:29,842 --> 00:42:31,185
What happened next?
849
00:42:32,011 --> 00:42:33,718
I asked him if
he was all right,
850
00:42:33,779 --> 00:42:36,316
if he was hurt.
He said he was
okay, but
851
00:42:37,817 --> 00:42:39,296
that he had something
to tell me.
852
00:42:40,319 --> 00:42:41,320
What did he say?
853
00:42:43,822 --> 00:42:45,859
That he had done
something terrible.
854
00:42:46,659 --> 00:42:48,332
That he stabbed
another boy in
the park.
855
00:42:49,828 --> 00:42:51,330
Anything else?
856
00:42:51,897 --> 00:42:53,103
He asked me
what he should do.
857
00:42:53,199 --> 00:42:54,906
I told him there was
only one thing to do,
858
00:42:54,967 --> 00:42:56,947
that he should turn
himself in to the police
859
00:42:58,170 --> 00:42:59,740
and if he did that,
860
00:43:00,306 --> 00:43:02,013
God would always stand
by him.
861
00:43:02,708 --> 00:43:04,689
Did he agree to do this?
862
00:43:07,581 --> 00:43:08,582
He did not.
863
00:43:09,482 --> 00:43:13,487
Did Mr. Cabrera ever
ask for forgiveness?
864
00:43:18,692 --> 00:43:19,693
No, he did not.
865
00:43:23,763 --> 00:43:25,367
Nothing further.
866
00:43:35,742 --> 00:43:37,016
Cross, Miss Bauer?
867
00:43:38,345 --> 00:43:41,121
Your Honor,
there was a plea bargain
868
00:43:41,181 --> 00:43:43,093
previously offered
to my client.
869
00:43:45,353 --> 00:43:46,957
Is that 15-to-life
still open?
870
00:43:54,295 --> 00:43:55,638
Times two.
871
00:44:01,569 --> 00:44:05,073
Angel, I'm sorry
I failed you, son.
872
00:44:19,420 --> 00:44:21,332
SERENA:
I asked Father Evans
if he wanted to be there
873
00:44:21,390 --> 00:44:22,926
when the judge
released Ortega.
874
00:44:23,859 --> 00:44:25,600
I see he declined.
875
00:44:27,396 --> 00:44:29,398
JACK:
Other things on his mind.
876
00:44:40,008 --> 00:44:43,922
Two murder convictions
and the vindication of
an innocent man, Jack.