1
00:00:01,501 --> 00:00:03,230
In the criminal justice system
2
00:00:03,303 --> 00:00:07,171
the people are represented
by two separate
yet equally important groups,
3
00:00:07,240 --> 00:00:09,071
the police
who investigate crime
4
00:00:09,142 --> 00:00:11,906
and the district attorneys
who prosecute the offenders.
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00:00:11,978 --> 00:00:13,707
These are their stories.
6
00:00:14,514 --> 00:00:18,109
He's gonna kill him.
He's gonna kill him!
7
00:00:20,020 --> 00:00:21,681
He's gonna kill him!
8
00:00:21,755 --> 00:00:23,154
Oh, my God!
9
00:00:23,223 --> 00:00:25,418
Help me! Oh, God!
10
00:00:27,894 --> 00:00:29,361
Stop! Police!
11
00:00:31,164 --> 00:00:33,132
Shots fired.
We got a man down!
12
00:00:40,340 --> 00:00:43,434
Man, not the cuffs, man!
I didn't do nothing.
13
00:00:46,046 --> 00:00:47,707
Shooter's
Spencer Johnson.
14
00:00:47,781 --> 00:00:50,545
He interrupted his
wife and her boyfriend
going at it in his car.
15
00:00:50,617 --> 00:00:52,050
How many rounds?
Two.
16
00:00:52,118 --> 00:00:53,483
One clipped the
boyfriend's shoulder.
17
00:00:53,553 --> 00:00:54,781
The other took out
the trash can.
18
00:00:54,854 --> 00:00:56,151
How's the boyfriend?
19
00:00:56,222 --> 00:00:59,191
Hudson Terrace Presbyterian
patched him up, sent him home.
20
00:00:59,259 --> 00:01:00,521
With a shoulder wound?
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00:01:00,593 --> 00:01:02,060
No insurance.
22
00:01:02,128 --> 00:01:03,925
We took Johnson
to the 38.
23
00:01:03,997 --> 00:01:05,828
They're trolling
for his gun right now.
24
00:01:05,899 --> 00:01:07,696
What are the odds
they'll find it?
25
00:01:07,767 --> 00:01:10,827
Well, the divers say
there's a shallow shelf
that drops off.
26
00:01:10,904 --> 00:01:13,702
Runs 20 feet out.
Pretty deep after that.
27
00:01:14,441 --> 00:01:17,171
So we get the gun
if Johnson throws
like a girl?
28
00:01:17,243 --> 00:01:20,371
Hey!
You gotta see
what's down here!
29
00:01:34,661 --> 00:01:36,356
It was really
wedged down there.
30
00:01:36,429 --> 00:01:39,091
VW Bus, circa '68.
31
00:01:40,200 --> 00:01:42,100
Maybe we should
try to start it.
32
00:01:59,052 --> 00:02:01,077
The keys are
still in here.
33
00:02:07,360 --> 00:02:08,987
So is the driver.
34
00:02:10,130 --> 00:02:12,792
Too much to drink.
Took a wrong turn.
35
00:02:12,866 --> 00:02:16,495
Well, not unless he
was drinking through the
bullet hole in his skull.
36
00:03:08,288 --> 00:03:09,277
How's your shooter?
37
00:03:09,355 --> 00:03:12,222
He confessed so fast
I thought I'd have
him do the paperwork.
38
00:03:12,292 --> 00:03:13,384
The D.A.s
have it now.
39
00:03:13,459 --> 00:03:15,791
And you have
Mr. Bones in the VW.
40
00:03:15,862 --> 00:03:17,056
Talk to
Missing Persons?
41
00:03:17,130 --> 00:03:19,894
Files after '74
are on the system.
42
00:03:19,966 --> 00:03:21,490
Before that,
it's a manual search.
43
00:03:21,568 --> 00:03:24,093
Well, grab a couple
of desk jockeys and
get 'em started.
44
00:03:24,170 --> 00:03:26,001
Any idea where
the bus went in?
45
00:03:26,072 --> 00:03:28,506
Coast Guard thinks it was
somewhere north of the GW.
46
00:03:28,575 --> 00:03:31,100
Talk about
pinpoint accuracy.
47
00:03:31,177 --> 00:03:33,805
Jersey or Manhattan side?
They don't know.
48
00:03:33,880 --> 00:03:35,438
Could have driven off
near Spuyten Duyvil.
49
00:03:35,515 --> 00:03:36,777
Or anywhere
else up there.
50
00:03:36,849 --> 00:03:38,476
How long before
they sort it out?
51
00:03:38,551 --> 00:03:39,813
We told 'em
it's a priority.
52
00:03:39,886 --> 00:03:42,787
Well, while you're waiting,
talk to the M.E.
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00:03:44,324 --> 00:03:46,724
Good bone density.
No growth plates.
54
00:03:46,793 --> 00:03:49,091
So, between 19
and 25 years old.
55
00:03:49,162 --> 00:03:51,392
His or hers?
Male. About six feet.
56
00:03:51,464 --> 00:03:52,954
Race?
Human.
57
00:03:53,366 --> 00:03:55,960
So we've got
a six-foot-tall
20-year-old male.
58
00:03:56,035 --> 00:03:57,332
That narrows it down.
59
00:03:57,403 --> 00:03:59,894
There's a fractured fibula,
maybe a skiing accident.
60
00:03:59,973 --> 00:04:02,305
And what about
the shooting accident?
61
00:04:02,375 --> 00:04:05,867
A bullet traversed the
mid-brain and lodged
in the occipital bone.
62
00:04:05,945 --> 00:04:06,934
Do we have a slug?
63
00:04:07,013 --> 00:04:10,414
No. Fragments.
Here and here.
64
00:04:10,483 --> 00:04:13,008
The rest of the bullet
washed away.
65
00:04:13,086 --> 00:04:15,054
They called this model
der Babymaker.
66
00:04:15,121 --> 00:04:17,316
I figure
it's been under
close to 30 years.
67
00:04:17,390 --> 00:04:18,948
Take you back?
Too far back.
68
00:04:19,025 --> 00:04:21,152
We found a slug
on the floor.
69
00:04:23,496 --> 00:04:25,828
Looks like a. 38.
Roach clip.
70
00:04:25,898 --> 00:04:28,958
Yeah.
Standard issue
with every VW Bus.
71
00:04:29,035 --> 00:04:31,401
I got one word for you,
Rey, plastics.
72
00:04:31,471 --> 00:04:34,167
Thirty years in the river,
it's still intact.
73
00:04:34,240 --> 00:04:37,437
I don't suppose you found
a license and registration
in the glove compartment?
74
00:04:37,510 --> 00:04:38,738
No such luck.
75
00:04:38,811 --> 00:04:41,974
And you can forget about
a DMV match on the
license plate.
76
00:04:42,048 --> 00:04:44,642
They expunge the records
when plates change.
77
00:04:44,717 --> 00:04:47,015
This style was
retired in 1970.
78
00:04:47,086 --> 00:04:48,314
Guess it's gonna be
the hard way.
79
00:04:48,388 --> 00:04:49,377
You got
a VIN number?
80
00:04:53,359 --> 00:04:56,851
I owned that bus
30 years ago.
How'd you find me?
81
00:04:56,929 --> 00:05:00,763
German record keeping.
Any idea whose bones
were in the bus?
82
00:05:01,067 --> 00:05:02,091
No.
83
00:05:02,168 --> 00:05:06,229
I swapped it in '68 for
a brand-new Mercedes 280SE.
84
00:05:06,306 --> 00:05:07,705
Even trade.
85
00:05:07,774 --> 00:05:10,641
You swapped
a VW Bus for a 280?
86
00:05:10,710 --> 00:05:12,371
Aren't you the lucky
son-of-a-gun.
87
00:05:12,445 --> 00:05:13,776
Who played Santa Claus?
88
00:05:13,846 --> 00:05:18,078
Diana Wells.
Sophomore at Kensington.
89
00:05:18,151 --> 00:05:20,312
And a friend of
the oppressed masses,
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00:05:20,386 --> 00:05:21,978
a real stone fox.
91
00:05:22,588 --> 00:05:23,612
You think it was her
in the van?
92
00:05:24,257 --> 00:05:27,226
Maybe her other boyfriend.
Other than you, that is.
93
00:05:27,627 --> 00:05:29,652
Diana had a lot of boyfriends.
94
00:05:29,729 --> 00:05:31,356
She give
all of them Mercedes?
95
00:05:31,431 --> 00:05:33,729
No. She had a soft spot
for me.
96
00:05:34,267 --> 00:05:37,668
I sat up one night
while she read me
Che Guevara's diary.
97
00:05:37,737 --> 00:05:39,261
And all you got
was the car?
98
00:05:39,339 --> 00:05:41,603
Diana's Park Avenue
parents gave it to her.
99
00:05:41,674 --> 00:05:45,235
She wanted to
blow their minds when
she pulled up in the Bus.
100
00:05:45,311 --> 00:05:46,710
I don't suppose
you two kept in touch.
101
00:05:47,480 --> 00:05:49,641
Last I heard she was
gonna live on a commune.
102
00:05:49,716 --> 00:05:50,705
When was that?
103
00:05:50,783 --> 00:05:52,478
Summer of '68.
104
00:05:52,552 --> 00:05:54,417
She was gonna
connect with the land,
105
00:05:54,487 --> 00:05:56,921
you know,
grow her own granola.
106
00:05:58,091 --> 00:05:59,456
I stayed there
for three months.
107
00:05:59,525 --> 00:06:01,220
The goats smelled
better than the people.
108
00:06:01,294 --> 00:06:02,727
I hope
you don't mind
talking on the run.
109
00:06:02,795 --> 00:06:05,457
I'm having a fundraiser
for Mumia Abu-Jamal's
appeal.
110
00:06:05,531 --> 00:06:07,692
What, the cop
killer in Philly?
111
00:06:07,767 --> 00:06:09,325
The journalist
in Philly, yes.
112
00:06:09,402 --> 00:06:10,869
The voice
of the voiceless.
113
00:06:10,937 --> 00:06:12,529
He was framed.
He didn't do it.
114
00:06:12,605 --> 00:06:16,006
Yeah, so you ever
own a VW Bus?
115
00:06:16,075 --> 00:06:17,667
A million years ago. Why?
116
00:06:17,744 --> 00:06:20,042
We found it
along with a dead guy.
117
00:06:20,113 --> 00:06:21,410
My bus?
118
00:06:21,481 --> 00:06:23,472
I suppose
you're gonna say
you didn't do it.
119
00:06:24,984 --> 00:06:27,612
I sold that bus in
the fall of '68
for $500.
120
00:06:27,687 --> 00:06:28,881
To who?
121
00:06:29,522 --> 00:06:30,921
My first Jewish lover.
122
00:06:32,191 --> 00:06:34,216
I think his
name was David.
123
00:06:34,761 --> 00:06:36,490
His name was David.
124
00:06:36,896 --> 00:06:38,454
He was a Kensington
student, too.
125
00:06:38,531 --> 00:06:39,896
About six feet?
126
00:06:39,966 --> 00:06:42,958
Yeah. Thick brown hair
and this great crooked smile.
127
00:06:43,035 --> 00:06:44,400
Did he ski?
128
00:06:45,605 --> 00:06:46,867
Last name?
129
00:06:46,939 --> 00:06:49,134
I think it started with a B.
130
00:06:49,609 --> 00:06:51,839
A B... David...
131
00:06:53,479 --> 00:06:55,379
Well, something Jewish.
132
00:06:58,584 --> 00:06:59,846
David Bellwith.
133
00:07:00,686 --> 00:07:02,620
Bailard. Is that Jewish?
134
00:07:02,688 --> 00:07:04,087
What's his major?
135
00:07:04,157 --> 00:07:05,351
Phys. Ed.
136
00:07:05,425 --> 00:07:06,790
Definitely not.
137
00:07:07,260 --> 00:07:10,229
How about David Brillstein?
Accounting major.
138
00:07:10,296 --> 00:07:13,197
A Jewish accountant?
That's a double whammy.
139
00:07:14,667 --> 00:07:15,827
Well, it's not him.
140
00:07:15,902 --> 00:07:18,803
He's on the alumni list,
still contributes.
141
00:07:18,871 --> 00:07:21,305
Well, that'd be too much
of an ethnic experience
142
00:07:21,374 --> 00:07:22,807
for our Miss Wells, anyway.
143
00:07:22,875 --> 00:07:24,467
David Bernstein.
144
00:07:25,912 --> 00:07:29,109
Well, he's not
on the alumni list,
so he didn't graduate.
145
00:07:29,182 --> 00:07:31,116
Neither did a lot
of people back then.
146
00:07:34,520 --> 00:07:37,614
Well, there's no record
of him after the fall
semester, 1968.
147
00:07:43,463 --> 00:07:44,930
You found his bus?
148
00:07:44,997 --> 00:07:46,555
We found a bus.
149
00:07:46,632 --> 00:07:48,827
What makes you think
it was David's?
150
00:07:48,901 --> 00:07:51,199
When did
he come up missing?
151
00:07:51,270 --> 00:07:52,862
October, '68.
152
00:07:52,939 --> 00:07:54,031
He ever break his leg?
153
00:07:55,041 --> 00:07:56,508
Yeah, skiing...
154
00:07:59,846 --> 00:08:00,904
Why?
155
00:08:01,481 --> 00:08:05,076
We found some
remains in the bus,
could be your brother.
156
00:08:09,322 --> 00:08:10,687
Oh, my God.
157
00:08:12,892 --> 00:08:14,018
How did he die?
158
00:08:15,127 --> 00:08:17,027
Well, if it is your brother,
he was shot.
159
00:08:18,331 --> 00:08:20,561
David? Shot?
160
00:08:21,834 --> 00:08:22,823
Why?
161
00:08:23,069 --> 00:08:25,060
That's what
we're trying to figure out.
162
00:08:25,137 --> 00:08:27,230
Do you know if he was
in any kind of trouble?
163
00:08:27,306 --> 00:08:29,399
I was 11.
164
00:08:30,343 --> 00:08:33,335
You know, David had
cool friends and
long hair.
165
00:08:34,347 --> 00:08:37,009
He'd give me a nickel
if I cleaned my plate.
166
00:08:37,083 --> 00:08:38,448
Nickel was a lot
of money back then.
167
00:08:38,784 --> 00:08:40,217
Not much to
go around, huh?
168
00:08:40,286 --> 00:08:41,275
No.
169
00:08:42,255 --> 00:08:45,349
My mother
was on her own.
My father was dead.
170
00:08:45,925 --> 00:08:47,392
Then how'd he
afford Kensington?
171
00:08:47,827 --> 00:08:50,295
He got a job
on a cod boat
172
00:08:50,363 --> 00:08:52,593
and he worked
in a lumber mill.
173
00:08:53,099 --> 00:08:56,466
Out of the blue, he got
this scholarship to
Kensington.
174
00:08:57,136 --> 00:09:00,936
You know,
he got involved in
all the '60s stuff,
175
00:09:01,007 --> 00:09:02,907
the protests, you know.
176
00:09:04,810 --> 00:09:06,835
Here's David with his bus.
177
00:09:09,148 --> 00:09:10,581
For years
after he disappeared,
178
00:09:10,650 --> 00:09:14,211
I'd be in the car with my mom
and a VW Bus would go by
179
00:09:14,287 --> 00:09:17,620
and she'd look
and then she'd cry.
180
00:09:19,692 --> 00:09:21,626
Did your mom
report him missing?
181
00:09:21,694 --> 00:09:22,718
Yeah.
182
00:09:22,795 --> 00:09:26,094
The police investigated
but nothing ever came of it.
183
00:09:29,669 --> 00:09:32,103
I'm glad she's
not around for this.
184
00:09:33,506 --> 00:09:34,939
- Who?
- Bernstein.
185
00:09:35,007 --> 00:09:37,339
David Bernstein.
Kensington student.
186
00:09:37,410 --> 00:09:39,503
Disappeared October, 1968.
187
00:09:39,579 --> 00:09:42,275
The clerk said
you inherited his file
a couple of years ago.
188
00:09:42,348 --> 00:09:43,337
Really?
189
00:09:43,416 --> 00:09:44,405
Yeah, really.
190
00:09:56,262 --> 00:09:58,162
Bernstein.
Guess I did.
191
00:09:59,065 --> 00:10:00,123
This a homicide?
192
00:10:00,199 --> 00:10:01,188
Looks that way.
193
00:10:01,267 --> 00:10:03,064
Good. It's all yours.
194
00:10:05,771 --> 00:10:07,432
It's just dental records
and an interview list.
195
00:10:07,506 --> 00:10:08,632
Where's the rest
of the file?
196
00:10:08,708 --> 00:10:11,506
That's all I have.
The rest, the rats ate.
197
00:10:11,744 --> 00:10:15,737
Hey, look at this.
Kenneth Stratton was
interviewed about Bernstein.
198
00:10:15,815 --> 00:10:16,804
Yeah. So?
199
00:10:16,882 --> 00:10:18,247
Oh, yeah.
It's before your time.
200
00:10:18,317 --> 00:10:20,114
Stratton led
the student takeover
201
00:10:20,186 --> 00:10:22,746
of the Kensington
administration building
in '68.
202
00:10:22,822 --> 00:10:25,689
The kid sitting
in the dean's chair,
smoking his cigars?
203
00:10:25,758 --> 00:10:29,125
Kenneth Stratton.
Wonder if he still
likes White Owls?
204
00:10:31,731 --> 00:10:34,359
I had
a headache for a week
from smoking those things.
205
00:10:34,433 --> 00:10:37,561
I see that photo
of me and I think,
"Man, what an ass. "
206
00:10:37,637 --> 00:10:38,626
So what's this about?
207
00:10:38,704 --> 00:10:41,195
David Bernstein.
You remember him?
208
00:10:41,273 --> 00:10:43,673
Sure, I remember David.
Great guy.
209
00:10:45,311 --> 00:10:46,300
He's dead, isn't he?
210
00:10:47,213 --> 00:10:49,545
We found him in his van
in the Hudson River.
211
00:10:49,615 --> 00:10:50,604
What happened?
212
00:10:50,683 --> 00:10:51,672
He was shot.
213
00:10:52,084 --> 00:10:55,019
The police interviewed you
when he was reported missing?
214
00:10:55,087 --> 00:10:56,748
Yeah. Yeah.
We were friends,
215
00:10:56,822 --> 00:10:57,811
you know,
brothers-in-arms.
216
00:10:57,890 --> 00:10:59,255
Striking blows
against the empire.
217
00:10:59,325 --> 00:11:00,314
With guns?
218
00:11:00,393 --> 00:11:02,384
No, no, no, no.
Strictly non-violent.
219
00:11:02,461 --> 00:11:04,656
This was
before the Weathermen.
220
00:11:04,730 --> 00:11:07,460
Say, listen, that kid
there is about this close
221
00:11:07,533 --> 00:11:09,364
from dropping out
of school and God
knows what else.
222
00:11:09,435 --> 00:11:10,868
Can we wrap this up?
223
00:11:10,936 --> 00:11:14,770
So you have no idea how David
wound up in the river with
a hole in his head?
224
00:11:16,342 --> 00:11:17,331
No.
225
00:11:17,977 --> 00:11:19,171
But?
226
00:11:19,245 --> 00:11:21,338
Well, I'll tell you
what I told Missing Persons.
227
00:11:21,414 --> 00:11:24,508
The last time I saw David
was the day before the
Occupation.
228
00:11:24,583 --> 00:11:26,414
A couple of cops
in riot gear were
dragging him away
229
00:11:26,485 --> 00:11:28,783
and beating the
crap out of him.
230
00:11:34,794 --> 00:11:38,252
Bernstein was taken
to Men's Central along
with 42 other protestors.
231
00:11:38,330 --> 00:11:40,423
October 20th, 1968.
232
00:11:40,499 --> 00:11:43,866
It's the night before
the radicals took over
the administration building.
233
00:11:43,936 --> 00:11:46,871
Please tell me
he walked out of
arraignment alive.
234
00:11:46,939 --> 00:11:48,463
Posted bond at 2:00 a. m.
235
00:11:48,541 --> 00:11:50,668
Well, at least
we know the cops
didn't finish him off.
236
00:11:50,743 --> 00:11:52,142
Well, who bailed him out?
237
00:11:52,211 --> 00:11:54,270
Pete Hammermesh.
238
00:11:54,980 --> 00:11:56,004
Call the brother.
239
00:11:56,082 --> 00:11:58,209
Let him know the morgue
made a positive ID.
240
00:11:58,284 --> 00:12:01,082
Then find Hammermesh.
See what he can add.
241
00:12:02,488 --> 00:12:06,356
David had $800 stashed
in a tin can under
his bed.
242
00:12:06,425 --> 00:12:08,620
After he called,
I took $200,
243
00:12:08,694 --> 00:12:09,888
went down and
bailed him out.
244
00:12:09,962 --> 00:12:11,020
You didn't go
to the protest?
245
00:12:11,097 --> 00:12:14,294
Oh, my dad was working
two jobs to send me
to Kensington.
246
00:12:14,366 --> 00:12:15,890
I was studying.
247
00:12:16,368 --> 00:12:19,269
So you spend
much time with
David back then?
248
00:12:19,338 --> 00:12:22,830
Oh, we were roommates.
Politics aside,
we got along.
249
00:12:22,908 --> 00:12:26,844
The most radical thing
I ever did was paint my
parents' lawn jockey white.
250
00:12:26,912 --> 00:12:28,573
Can you hand me
that rag?
251
00:12:28,647 --> 00:12:30,410
Tryin' to make
this tub sea-worthy?
252
00:12:30,483 --> 00:12:31,643
You got it.
253
00:12:31,717 --> 00:12:33,480
So what kind of things
was David into?
254
00:12:33,819 --> 00:12:36,720
Hey, you know that
Alumni War Memorial
in the Kensington Quad?
255
00:12:36,789 --> 00:12:37,778
Yeah, sure.
256
00:12:37,857 --> 00:12:39,256
David drenched it
in blood.
257
00:12:40,292 --> 00:12:41,281
Whose blood?
258
00:12:41,360 --> 00:12:42,850
He said
it was pig's blood.
259
00:12:43,896 --> 00:12:45,659
And, no,
I don't know
where he got it.
260
00:12:45,731 --> 00:12:47,961
So what happened
after you posted
bail for David?
261
00:12:48,033 --> 00:12:49,330
We went back
to our room.
262
00:12:49,401 --> 00:12:52,666
He changed, packed a bag,
went to his girlfriend's.
263
00:12:53,005 --> 00:12:56,532
You know, when he left,
my nose was buried
in the books.
264
00:12:56,609 --> 00:12:58,008
I don't think
I said goodbye.
265
00:12:58,077 --> 00:13:00,545
You remember
the name of this girlfriend?
266
00:13:00,613 --> 00:13:02,274
Tracey Howard.
267
00:13:02,348 --> 00:13:04,043
There's no
Tracey Howard on
the interview list.
268
00:13:04,116 --> 00:13:07,244
I didn't tell the cops
about Tracey back then.
269
00:13:08,154 --> 00:13:11,021
What, if I'd known
someone had killed him,
I would have told them.
270
00:13:11,090 --> 00:13:12,990
I thought he'd
surface eventually.
271
00:13:13,058 --> 00:13:15,652
So why didn't you
tell the detectives
about this girlfriend?
272
00:13:15,728 --> 00:13:19,892
Because if David's mom
found out about Tracey,
she'd have killed him.
273
00:13:20,332 --> 00:13:23,130
His mom
wanted him to find
a nice Jewish girl.
274
00:13:23,202 --> 00:13:24,191
I didn't want to convert.
275
00:13:24,270 --> 00:13:27,103
So that night after
David was bailed out?
276
00:13:27,173 --> 00:13:30,370
We went to bed.
Next morning he slept in.
277
00:13:30,442 --> 00:13:31,602
I went to class.
278
00:13:31,677 --> 00:13:33,235
Was that the
last time you saw him?
279
00:13:33,312 --> 00:13:35,246
No. He was waiting
for me back at my room.
280
00:13:35,314 --> 00:13:36,338
To say goodbye.
281
00:13:36,415 --> 00:13:37,939
He told me
he was going to Canada.
282
00:13:38,017 --> 00:13:39,780
What for?
He had a student
deferment.
283
00:13:39,852 --> 00:13:43,618
Getting arrested
and beaten by the cops
was too much for him.
284
00:13:43,689 --> 00:13:46,658
And the fact you never
heard from him again
didn't bother you?
285
00:13:46,725 --> 00:13:49,626
I always figured
he found a nice
Jewish girl.
286
00:13:49,929 --> 00:13:51,521
I guess I was wrong.
287
00:13:51,597 --> 00:13:54,430
When he left you, did he
head straight for his bus?
288
00:13:54,500 --> 00:13:57,799
We said goodbye
outside the dorm.
Late, around 11:00.
289
00:13:58,304 --> 00:13:59,498
I watched him
cross the street
290
00:13:59,572 --> 00:14:01,540
to the parking building
around the corner.
291
00:14:01,607 --> 00:14:03,632
He kept his bus
in student parking.
292
00:14:04,143 --> 00:14:08,307
Um, look, I have a lecture.
Do you need me much longer?
293
00:14:08,380 --> 00:14:11,144
Do you know if
the parking buildings
had security back then?
294
00:14:11,217 --> 00:14:13,412
Yeah, 24 hours a day.
That it?
295
00:14:13,886 --> 00:14:15,410
Thanks.
296
00:14:19,558 --> 00:14:24,052
Yeah, I was on duty in
the parking building
that night.
297
00:14:24,930 --> 00:14:26,591
And the next
and the next.
298
00:14:26,665 --> 00:14:29,691
For 28 years,
a security guard.
299
00:14:31,003 --> 00:14:34,200
Earned my pension.
Got myself a fishing boat.
300
00:14:34,807 --> 00:14:36,866
You still go after
bluefish, Mr. Grady?
301
00:14:36,942 --> 00:14:40,002
Yeah, and flounder.
With my grandson now.
302
00:14:41,780 --> 00:14:44,806
You recall a VW Bus
in the parking lot?
303
00:14:45,851 --> 00:14:49,582
Yellow one
with the flowers on it
or the psychedelic one?
304
00:14:49,655 --> 00:14:50,644
Or the one
that was painted...
305
00:14:50,723 --> 00:14:54,215
A blue and white one with
a red bumper sticker on
the front fender.
306
00:14:54,293 --> 00:14:56,693
The word "Power,"
black fist.
307
00:14:58,964 --> 00:15:02,024
It belonged to a student
named David Bernstein?
308
00:15:04,236 --> 00:15:05,863
Yeah, I know it was
a long time ago,
309
00:15:05,938 --> 00:15:08,463
but do you recall anything
unusual that might've
happened that night?
310
00:15:09,375 --> 00:15:13,038
Well, aside from the
punks that took over the
administration building? No.
311
00:15:13,112 --> 00:15:14,943
Anybody else
on duty with you?
312
00:15:16,582 --> 00:15:17,571
No. Just me.
313
00:15:18,317 --> 00:15:20,444
Any of the protests
spill over in your
direction?
314
00:15:21,787 --> 00:15:22,845
No.
315
00:15:22,922 --> 00:15:25,447
You never
saw this kid, huh?
316
00:15:26,659 --> 00:15:27,921
Oh, all I know
about that night
317
00:15:27,993 --> 00:15:30,621
was what I saw on
the news the next day.
318
00:15:33,432 --> 00:15:35,127
This reporter
named Jones...
319
00:15:35,200 --> 00:15:37,361
Jones?
Great guy.
How's he doing?
320
00:15:37,436 --> 00:15:38,869
Oh, he sends his love.
321
00:15:38,938 --> 00:15:42,237
He told us you waited
by the news vans in
the parking building
322
00:15:42,308 --> 00:15:44,538
the night of the
administration
building takeover.
323
00:15:44,610 --> 00:15:46,441
Well, there were no
satellite feeds then.
324
00:15:46,512 --> 00:15:50,414
So they had to have us
motorcycle couriers deliver
the footage to the station.
325
00:15:50,482 --> 00:15:52,313
Oh, man, what a night.
326
00:15:52,384 --> 00:15:55,683
Student radicals,
Black Panthers,
they're in the quad.
327
00:15:55,754 --> 00:15:58,086
Everybody's
pumping adrenaline.
328
00:15:58,157 --> 00:16:00,819
Next thing you know,
they're all rushing into
the administration building.
329
00:16:00,893 --> 00:16:02,986
Just like that.
Just like that.
330
00:16:03,062 --> 00:16:04,893
Where were you when
you weren't delivering?
331
00:16:04,964 --> 00:16:05,953
Parking lot.
332
00:16:06,031 --> 00:16:07,658
Across the street
from the dorms?
333
00:16:07,733 --> 00:16:10,998
Girls' dorm,
they didn't close
their shades.
334
00:16:11,070 --> 00:16:12,970
Oh, what a great night.
335
00:16:13,772 --> 00:16:16,502
Leroy, a bowl
and spoon for
the detective.
336
00:16:16,875 --> 00:16:19,207
So, you hear
a gunshot that night?
337
00:16:19,278 --> 00:16:22,247
No. Too busy losing
a week's paycheck.
338
00:16:22,581 --> 00:16:24,071
Five-card stud?
339
00:16:24,149 --> 00:16:25,514
Texas hold 'em.
340
00:16:25,584 --> 00:16:26,573
Played with
the other couriers
341
00:16:26,652 --> 00:16:28,552
and one of
the campus guards.
342
00:16:29,088 --> 00:16:30,077
Guard named Grady?
343
00:16:30,956 --> 00:16:33,754
Don't remember, but boy,
could that brother play.
344
00:16:40,032 --> 00:16:41,932
I was stationed over
at the maintenance building
345
00:16:42,001 --> 00:16:43,696
the night of
the Occupation.
346
00:16:43,769 --> 00:16:45,259
All hell was
breaking loose.
347
00:16:45,337 --> 00:16:49,137
Then why were
you playing poker over
in the parking building?
348
00:16:49,208 --> 00:16:52,177
Well, you see,
I radioed Darryl over
there in the building.
349
00:16:52,244 --> 00:16:53,836
Darryl Grady?
350
00:16:53,912 --> 00:16:56,005
You know Darryl?
Yeah. We just met.
351
00:16:56,915 --> 00:16:59,543
So when you called
over to Mr. Grady...
352
00:17:00,019 --> 00:17:03,546
Well, I tried to get him,
but no response.
353
00:17:04,256 --> 00:17:07,282
With all them nuts
out there, I worried.
354
00:17:07,359 --> 00:17:08,986
So, I went to see
he was okay.
355
00:17:09,061 --> 00:17:11,325
So when you got there
you saw a bunch
of guys playing poker
356
00:17:11,397 --> 00:17:14,560
and you figured
you'd ante up and
settle in for the night, huh?
357
00:17:14,633 --> 00:17:15,895
Ever find Grady?
358
00:17:15,968 --> 00:17:16,992
No.
359
00:17:17,503 --> 00:17:19,596
He ever tell you
where he went?
360
00:17:19,671 --> 00:17:21,298
None of my business.
361
00:17:21,373 --> 00:17:23,568
You know
if he carried a gun?
362
00:17:23,642 --> 00:17:24,870
No.
363
00:17:24,943 --> 00:17:27,070
Any of the guards
carry guns?
364
00:17:27,146 --> 00:17:28,135
Some of us.
365
00:17:28,213 --> 00:17:31,273
Weren't supposed to,
but it was crazy
out there.
366
00:17:33,152 --> 00:17:36,246
I got an emergency call
from the chem building.
I went there.
367
00:17:36,321 --> 00:17:37,481
You told us
you didn't leave
368
00:17:37,556 --> 00:17:38,921
the parking building
at all that night.
369
00:17:38,991 --> 00:17:41,118
He forgot.
It was a long time ago.
370
00:17:41,193 --> 00:17:43,627
Your father seemed
pretty sure yesterday.
371
00:17:43,695 --> 00:17:45,663
How long were you in the
chemistry building, pops?
372
00:17:46,198 --> 00:17:48,598
I don't remember.
I'm not good with details.
373
00:17:48,667 --> 00:17:51,693
Well,
how about this detail?
You carry a gun back then?
374
00:17:51,770 --> 00:17:52,759
Oh, come on!
375
00:17:52,838 --> 00:17:53,827
Kensington
wouldn't let us.
376
00:17:53,906 --> 00:17:54,998
You remember
carrying one anyway?
377
00:17:55,074 --> 00:17:56,632
He's told you
everything he knows.
378
00:17:56,708 --> 00:17:59,404
I remember some
army sergeant telling me
and my wife that morning
379
00:17:59,478 --> 00:18:01,241
that our son was
missing in Vietnam.
380
00:18:01,780 --> 00:18:04,613
Mrs. Bernstein's son
was missing for 30 years.
381
00:18:04,683 --> 00:18:05,707
You remember
what happened to him?
382
00:18:05,784 --> 00:18:07,809
Okay. Now,
you're finished.
383
00:18:11,323 --> 00:18:13,814
Now Grady's got
selective Alzheimer's.
384
00:18:13,892 --> 00:18:16,554
He forgets what he
remembers to forget.
385
00:18:16,628 --> 00:18:19,256
Well, he didn't forget
seeing the news.
386
00:18:22,901 --> 00:18:25,062
Strike! Strike! Strike!
Strike! Strike! Strike!
387
00:18:25,137 --> 00:18:27,765
Strike! Strike! Strike!
Strike! Strike! Strike!
388
00:18:27,840 --> 00:18:29,569
Strike! Strike! Strike!
Strike! Strike!
389
00:18:29,641 --> 00:18:32,132
Nothing but a helmet
and a nightstick.
390
00:18:32,211 --> 00:18:34,111
Strike! Strike! Strike!
Strike! Strike! Strike!
391
00:18:34,179 --> 00:18:35,942
And you had to
supply your own cup.
392
00:18:36,014 --> 00:18:38,812
I've heard security guards
have armed themselves.
Is that true?
393
00:18:38,884 --> 00:18:40,215
No, we don't carry guns.
394
00:18:40,285 --> 00:18:41,775
I've been told otherwise.
395
00:18:41,854 --> 00:18:43,378
You were told wrong.
396
00:18:43,455 --> 00:18:46,686
I wonder who told him
the guards were armed.
397
00:18:46,758 --> 00:18:49,750
Can you back that up
and then run it slow?
398
00:19:00,105 --> 00:19:01,197
Stop.
399
00:19:01,907 --> 00:19:02,931
Look at his ID.
400
00:19:08,547 --> 00:19:09,809
One word.
401
00:19:10,115 --> 00:19:11,377
Plastics.
402
00:19:16,121 --> 00:19:17,884
You know
what this is?
403
00:19:17,956 --> 00:19:20,447
It's what's left
of a security badge,
404
00:19:20,526 --> 00:19:22,391
found it in
David Bernstein's van
405
00:19:22,461 --> 00:19:24,656
along with
David Bernstein's bones.
406
00:19:24,730 --> 00:19:26,254
Any idea how
it got there?
407
00:19:26,331 --> 00:19:29,630
University says you applied
for a new badge the day
after the Occupation.
408
00:19:30,536 --> 00:19:33,266
Mine got ripped off
in a scuffle with
some hippie brat.
409
00:19:33,338 --> 00:19:34,635
A brat named Bernstein?
410
00:19:34,706 --> 00:19:35,695
He rip it
off your shirt
411
00:19:35,774 --> 00:19:37,537
right before you
shot him in the head?
412
00:19:37,609 --> 00:19:38,906
You don't need
to answer that.
413
00:19:38,977 --> 00:19:40,239
I didn't kill that kid.
414
00:19:40,312 --> 00:19:42,974
There was no emergency
at the chem building.
Where were you?
415
00:19:43,048 --> 00:19:45,346
Nowhere. I got
the nights confused.
416
00:19:45,417 --> 00:19:47,647
You remember dumping
the van in the river?
417
00:19:47,719 --> 00:19:49,311
Or are you confused
about that, too?
418
00:19:49,388 --> 00:19:51,413
If all
you've got's this
old piece of plastic
419
00:19:51,490 --> 00:19:52,923
that could've come
from anywhere.
420
00:19:52,991 --> 00:19:55,323
Mr. Grady,
if you were in
that building all night,
421
00:19:55,394 --> 00:19:56,986
you have to
know something.
422
00:19:57,062 --> 00:19:59,155
If you tell us,
we can help you.
423
00:20:01,633 --> 00:20:03,100
You can help?
424
00:20:04,269 --> 00:20:05,600
That's what the
army sergeant said,
425
00:20:05,671 --> 00:20:07,901
when my son was
missing in action.
426
00:20:07,973 --> 00:20:09,998
They said they could help.
427
00:20:11,777 --> 00:20:15,076
My son was MIA
and those hippies,
428
00:20:15,948 --> 00:20:18,007
that night and
all the other nights,
429
00:20:19,318 --> 00:20:21,548
they tore apart
the university,
430
00:20:21,954 --> 00:20:24,252
they took a dump on
the president's desk,
431
00:20:24,323 --> 00:20:27,292
wiped their butts
with the flag.
432
00:20:28,860 --> 00:20:30,657
They spit in my face!
433
00:20:32,297 --> 00:20:35,061
I couldn't afford
to send my kid
to university,
434
00:20:35,133 --> 00:20:37,533
but those
privileged brats,
435
00:20:38,837 --> 00:20:42,830
they poured
pig's blood on
the war memorial
436
00:20:44,076 --> 00:20:47,136
while my son was spilling
his blood in Vietnam.
437
00:20:50,716 --> 00:20:52,479
Whatever I did then,
438
00:20:56,054 --> 00:20:57,578
you can't help.
439
00:21:03,729 --> 00:21:05,219
Can we go now?
440
00:21:07,332 --> 00:21:09,459
We didn't have enough
to hold Grady.
441
00:21:09,534 --> 00:21:10,728
Thirty years?
442
00:21:10,802 --> 00:21:13,396
You never will
unless you can put
a gun in his hand.
443
00:21:13,472 --> 00:21:16,441
We checked,
he never registered one
in the state of New York.
444
00:21:16,508 --> 00:21:18,806
We couldn't
find an interview with
whoever told that reporter,
445
00:21:18,877 --> 00:21:20,242
Aimsley, about the guns.
446
00:21:20,312 --> 00:21:21,506
He could've made it up.
447
00:21:23,215 --> 00:21:25,308
We'd ask him,
but he's dead.
448
00:21:26,551 --> 00:21:27,916
You're sure
Grady did it?
449
00:21:30,055 --> 00:21:31,044
Yes.
450
00:21:33,025 --> 00:21:34,117
I'll follow up
on Aimsley.
451
00:21:34,192 --> 00:21:36,092
You guys keep
digging for the gun.
452
00:21:39,331 --> 00:21:42,664
If Roger said somebody
told him something,
that's what happened.
453
00:21:42,734 --> 00:21:44,964
He wouldn't
manipulate a story.
454
00:21:45,737 --> 00:21:48,331
Oh, here are his notes
from that week.
455
00:21:52,077 --> 00:21:55,137
Can you read this?
456
00:21:55,914 --> 00:21:58,610
He had his
own shorthand system.
457
00:21:58,684 --> 00:21:59,946
What day?
458
00:22:00,452 --> 00:22:02,886
The 23rd.
Probably p. m.
459
00:22:04,022 --> 00:22:05,455
Anything in particular?
460
00:22:05,524 --> 00:22:08,823
Someone who told him
campus security had guns.
461
00:22:08,894 --> 00:22:12,057
It was a terrible time.
You're too young
to remember.
462
00:22:12,130 --> 00:22:13,961
We were bewildered by it.
463
00:22:14,032 --> 00:22:16,660
Roger was quite critical
of the students, at first.
464
00:22:16,735 --> 00:22:17,759
At first?
465
00:22:17,836 --> 00:22:19,497
Well, the war
dragged on and on,
466
00:22:19,571 --> 00:22:22,301
the government
was telling one lie
on top of another,
467
00:22:22,374 --> 00:22:26,105
we were blasting a backward
little country into the
Stone Age.
468
00:22:26,178 --> 00:22:28,942
There didn't seem to be
any point to any of it.
469
00:22:29,014 --> 00:22:30,276
Oh, here.
470
00:22:31,683 --> 00:22:35,050
"Interviewed student who saw
security guards with guns. "
471
00:22:35,120 --> 00:22:36,178
Is there a name?
472
00:22:36,254 --> 00:22:37,653
Mandy Lewis.
473
00:22:38,090 --> 00:22:39,955
Were you on campus
the night of the takeover?
474
00:22:40,025 --> 00:22:41,390
Oh, God, yes!
475
00:22:41,460 --> 00:22:44,190
I loved
every minute of it.
476
00:22:44,262 --> 00:22:47,823
I even got married there in
the administration building.
477
00:22:47,899 --> 00:22:50,891
One of the guys was
a Universal Life minister.
478
00:22:51,236 --> 00:22:54,899
You told a TV reporter that
campus security guards had
guns that night.
479
00:22:54,973 --> 00:22:57,498
One guard.
I saw him put
it in his belt.
480
00:22:57,776 --> 00:22:58,765
Do you know
which guard?
481
00:22:58,844 --> 00:23:01,836
Oh! Lord, no.
I didn't know
one from another.
482
00:23:02,581 --> 00:23:04,242
Did you see David
Bernstein that night?
483
00:23:04,316 --> 00:23:05,340
No.
484
00:23:05,684 --> 00:23:06,981
Did a guard kill him?
485
00:23:07,052 --> 00:23:08,383
Did he have
any reason to?
486
00:23:09,254 --> 00:23:12,052
Well, David wasn't shy about
doing what it took to get
the point across.
487
00:23:12,724 --> 00:23:13,748
Like what?
488
00:23:13,825 --> 00:23:15,417
Oh, he was the one
who got the blood
that we poured
489
00:23:15,494 --> 00:23:17,553
on the war memorial,
God knows where.
490
00:23:17,629 --> 00:23:19,290
And then
he organized
this giant sit-in
491
00:23:19,364 --> 00:23:21,389
around the Dow Chemical
recruiting booth.
492
00:23:21,466 --> 00:23:22,899
We chanted,
handed out flyers
493
00:23:22,968 --> 00:23:25,960
and then this group
ofjocks came along and
tried to break our heads.
494
00:23:26,037 --> 00:23:27,971
Security had
to bust it up.
495
00:23:28,039 --> 00:23:31,372
Flyers and banners,
who paid for all this?
496
00:23:31,443 --> 00:23:34,071
Well, David paid
for most of it himself,
497
00:23:34,146 --> 00:23:36,478
printing costs,
things like that.
498
00:23:36,948 --> 00:23:40,179
$500 for the VW Bus,
$800 in the tin can,
499
00:23:40,252 --> 00:23:42,743
he bankrolled
the radicals' operations.
500
00:23:42,821 --> 00:23:46,279
Lot of money for
a poor kid in '68.
Where'd he get it?
501
00:23:46,358 --> 00:23:47,916
Don't know.
502
00:23:47,993 --> 00:23:50,928
If his family was strapped,
how'd he pay for Kensington?
503
00:23:50,996 --> 00:23:54,488
He told them he
got a scholarship.
I checked, he lied.
504
00:23:56,001 --> 00:23:57,992
Something illegal? Drugs?
505
00:23:58,670 --> 00:24:00,865
No shortage of
customers back then.
506
00:24:00,939 --> 00:24:02,201
Or now.
507
00:24:02,274 --> 00:24:05,607
Wouldn't be the first
revolution financed
with drug money.
508
00:24:05,677 --> 00:24:07,235
It could be what got him
in trouble with Grady,
509
00:24:07,312 --> 00:24:08,745
but the cops haven't
turned anything up.
510
00:24:09,448 --> 00:24:11,575
Thirty years,
not surprising.
511
00:24:11,650 --> 00:24:13,811
None of his friends know
where he got his money?
512
00:24:13,885 --> 00:24:16,820
Mmm-mmm.
They assumed his
family was flush.
513
00:24:17,355 --> 00:24:18,344
I'll talk to the brother.
514
00:24:21,359 --> 00:24:23,759
My brother pays
for a few flyers
515
00:24:23,829 --> 00:24:26,389
and you figure he's some
sort of drug overlord?
516
00:24:26,465 --> 00:24:28,729
He lied to you about
the scholarship,
what else?
517
00:24:28,800 --> 00:24:31,098
Well, he didn't lie to me
about taking me to
the Yankee game
518
00:24:31,169 --> 00:24:33,694
on my ninth birthday or
about how to throw
a knuckleball,
519
00:24:33,772 --> 00:24:36,104
or about how
to handle a bully.
520
00:24:36,174 --> 00:24:38,574
Kensington cost
$1,500 a semester,
521
00:24:38,643 --> 00:24:40,110
that was a lot
of money in '68.
522
00:24:40,178 --> 00:24:41,736
Do you have any idea
where it came from?
523
00:24:42,948 --> 00:24:45,439
Look, my brother
is the victim here.
524
00:24:45,717 --> 00:24:49,517
He's the one
who got shot to death
and dumped in the river.
525
00:24:49,588 --> 00:24:52,056
He was a good guy,
stop trying to turn
him into a criminal.
526
00:24:52,123 --> 00:24:54,683
Dr. Bernstein,
we're not going
to get a conviction
527
00:24:54,759 --> 00:24:56,750
unless we figure out
what the conflict was
528
00:24:56,828 --> 00:24:59,023
between your brother
and the suspect.
529
00:24:59,097 --> 00:25:01,861
Maybe David was just
in the wrong place
at the wrong time.
530
00:25:01,933 --> 00:25:04,595
Maybe the security guard just
hated long-haired students.
531
00:25:04,669 --> 00:25:07,661
He did hate them.
David's the only
one he shot.
532
00:25:08,540 --> 00:25:12,237
We need information.
We need to know where
that money came from.
533
00:25:14,880 --> 00:25:17,713
Look, all I know is that
he helped my mom out,
534
00:25:17,782 --> 00:25:20,546
paid the rent one month,
couple of dentist bills.
535
00:25:20,819 --> 00:25:22,616
He have a bank account?
536
00:25:22,687 --> 00:25:23,676
I don't know.
537
00:25:24,356 --> 00:25:26,324
After my mom died,
538
00:25:26,391 --> 00:25:30,350
I moved all of
her papers and photos
and things into storage.
539
00:25:30,428 --> 00:25:32,623
She kept
all of David's stuff.
540
00:25:32,964 --> 00:25:35,797
She was sure he was
gonna come back one day.
541
00:25:39,371 --> 00:25:41,703
"Power comes from
the barrel of a gun. "
542
00:25:41,773 --> 00:25:44,173
Chairman Mao's
little red book.
543
00:25:44,843 --> 00:25:46,367
Check these out.
544
00:25:46,444 --> 00:25:49,413
Oh! Handmade on
MacDougal Street.
545
00:25:49,481 --> 00:25:52,109
You couldn't be a hippie
without these.
546
00:25:52,951 --> 00:25:54,612
You think his mom had
any idea what this was?
547
00:25:56,555 --> 00:25:59,149
Sgt. Pepper's Lonely
Hearts Club Band.
548
00:25:59,724 --> 00:26:02,818
You still have
an eight-track,
don't you, Lennie?
549
00:26:03,528 --> 00:26:05,257
Hey, here they are.
550
00:26:06,131 --> 00:26:08,156
"Manhattan West Savings. "
551
00:26:08,233 --> 00:26:10,633
Deposited $183.65
every Friday.
552
00:26:10,702 --> 00:26:13,364
You can finance
a revolution on
$183.65?
553
00:26:14,005 --> 00:26:16,803
That's what they paid
rookies back in '68,
554
00:26:17,676 --> 00:26:19,701
take-home pay to
the penny.
555
00:26:24,549 --> 00:26:26,244
You've got
30-year-old files on
computer?
556
00:26:26,318 --> 00:26:29,515
We're working our way back,
made it as far as '61.
557
00:26:29,888 --> 00:26:31,253
Let's see.
558
00:26:32,090 --> 00:26:33,489
Bernstein...
559
00:26:33,558 --> 00:26:37,460
Aaron... Daniel... David.
560
00:26:39,431 --> 00:26:41,194
David Bernstein,
'68, right?
561
00:26:41,833 --> 00:26:43,027
Right.
I can't help you.
562
00:26:43,101 --> 00:26:44,932
You'll have
to talk to BOSSl.
563
00:26:45,003 --> 00:26:46,595
Bureau of
Special Services.
564
00:26:47,105 --> 00:26:49,300
Wait a second.
I just want to find
out more about David...
565
00:26:49,374 --> 00:26:51,274
Lieutenant Gene Sayres.
566
00:26:56,414 --> 00:26:59,076
Anybody know what
Special Squad Three was?
567
00:26:59,150 --> 00:27:01,209
A branch
of the Bureau of
Special Services
568
00:27:01,286 --> 00:27:03,982
that spied
on radicals in
the '60s, why?
569
00:27:05,757 --> 00:27:09,158
One Police Plaza told me
that if I wanted to know
about David Bernstein,
570
00:27:09,227 --> 00:27:11,627
I'd have to talk to BOSSl,
who told me they couldn't
571
00:27:11,696 --> 00:27:14,756
give me access to the
Special Squad Three files.
572
00:27:16,501 --> 00:27:20,437
Mr. Bernstein was
an undercover cop?
573
00:27:27,345 --> 00:27:31,611
Like I told Miss Carmichael,
all Special Services files
are under review.
574
00:27:31,683 --> 00:27:33,344
Why does that
make them unavailable?
575
00:27:33,952 --> 00:27:35,852
You don't even know
what you're looking for.
576
00:27:35,920 --> 00:27:37,512
And you haven't
answered the question.
577
00:27:37,589 --> 00:27:40,057
We're hoping that the file
might shed some light
578
00:27:40,125 --> 00:27:42,093
on Bernstein's relationship
with Mr. Grady.
579
00:27:42,160 --> 00:27:45,254
And why should it?
Bernstein wasn't keeping
an eye on campus security.
580
00:27:45,330 --> 00:27:47,321
Who was he watching?
581
00:27:48,733 --> 00:27:51,531
We'll give you access
to the files as soon
as we're able.
582
00:27:51,770 --> 00:27:53,328
Before the next millennium?
583
00:27:57,175 --> 00:27:59,109
I talked to the
Chief of Police.
584
00:27:59,177 --> 00:28:01,270
Practically claiming
national security.
585
00:28:01,346 --> 00:28:02,438
We can get a subpoena.
586
00:28:02,514 --> 00:28:04,379
I don't want to
start a range war.
587
00:28:04,449 --> 00:28:06,781
Go at it from
a different direction.
588
00:28:06,851 --> 00:28:10,116
We could talk to
other SS Three cops
who worked with Bernstein.
589
00:28:10,188 --> 00:28:11,780
Need the files
to get their names.
590
00:28:11,856 --> 00:28:14,188
Kensington records
go back that far.
591
00:28:14,259 --> 00:28:15,248
So what?
So what.
592
00:28:15,326 --> 00:28:17,260
So cross-match
student enrollment
593
00:28:17,328 --> 00:28:20,388
in '68 with police
payroll records.
594
00:28:24,836 --> 00:28:26,997
I applied to the
department in '67.
595
00:28:27,072 --> 00:28:28,334
I was 21.
596
00:28:28,406 --> 00:28:29,930
They swore me in secretly,
597
00:28:30,008 --> 00:28:31,407
put my badge in
a locked drawer,
598
00:28:31,476 --> 00:28:35,276
and shoved me onto the
Kensington campus with
no training.
599
00:28:35,947 --> 00:28:38,211
And I don't remember
any Bernstein.
600
00:28:38,283 --> 00:28:39,944
How about the other
undercover operators?
601
00:28:40,018 --> 00:28:41,610
Hell, we didn't
know who was who.
602
00:28:41,686 --> 00:28:43,950
Just ran around like
blindfolded chickens.
603
00:28:44,022 --> 00:28:46,149
Whole thing was stupid.
604
00:28:46,224 --> 00:28:49,216
Stopping people from
blowing things up
is stupid?
605
00:28:49,294 --> 00:28:51,387
You don't have
a grasp of it,
do you?
606
00:28:51,463 --> 00:28:55,365
Our job
was to provoke stuff, so
the cops could make arrests.
607
00:28:55,433 --> 00:28:56,627
Stupid.
608
00:28:57,102 --> 00:28:58,467
Weren't there
violent revolutionaries
609
00:28:58,536 --> 00:28:59,525
trying to bring down
the government?
610
00:28:59,604 --> 00:29:02,232
Man,
where'd you learn history?
611
00:29:02,807 --> 00:29:05,935
One of the
radical leadership
meetings I went to?
612
00:29:06,010 --> 00:29:07,341
There were
eight of us there.
613
00:29:07,412 --> 00:29:08,970
Now, after I graduated
Kensington,
614
00:29:09,047 --> 00:29:11,481
the department sent me
to the police academy.
615
00:29:11,549 --> 00:29:15,485
Five of the
eight so-called radicals
were in my academy class.
616
00:29:15,954 --> 00:29:20,482
So you tell me,
who was bringing
down the government, hmm?
617
00:29:22,594 --> 00:29:24,061
What's this about?
618
00:29:24,129 --> 00:29:25,960
A cop killing,
Sergeant Lucas.
619
00:29:26,030 --> 00:29:27,622
Thirty years ago.
620
00:29:27,699 --> 00:29:29,724
You were undercover
at Kensington?
621
00:29:30,001 --> 00:29:31,662
'67 to '71.
622
00:29:32,637 --> 00:29:33,934
Open case?
623
00:29:34,005 --> 00:29:35,063
Yes.
624
00:29:35,540 --> 00:29:36,700
While you were
at the university,
625
00:29:36,775 --> 00:29:39,209
did you
have any dealings
with David Bernstein?
626
00:29:39,277 --> 00:29:42,178
Not a lot. I was told
to keep an eye on him.
627
00:29:42,647 --> 00:29:44,137
Who told you
to watch him?
628
00:29:44,215 --> 00:29:45,580
My handler.
629
00:29:45,917 --> 00:29:46,975
Why?
630
00:29:48,286 --> 00:29:51,847
They didn't
burden us with a lot of
unnecessary information.
631
00:29:51,923 --> 00:29:54,721
Guy had a rep, that's
all I needed to know.
632
00:29:55,260 --> 00:29:57,353
Were you watching him
the night he disappeared?
633
00:29:59,697 --> 00:30:03,064
He went into
a parking building
where he kept his bus.
634
00:30:03,735 --> 00:30:05,202
The bus drove out
without him.
635
00:30:05,570 --> 00:30:06,594
Who was driving?
636
00:30:06,671 --> 00:30:08,662
A campus
security guard.
637
00:30:08,740 --> 00:30:09,729
You got a name?
638
00:30:10,108 --> 00:30:12,133
Just some guard
I'd seen around.
639
00:30:12,610 --> 00:30:13,975
Did you follow the bus?
640
00:30:14,045 --> 00:30:17,014
I was following Bernstein.
He wasn't in it.
641
00:30:17,615 --> 00:30:20,277
So I went into
the parking building
to look for him.
642
00:30:20,351 --> 00:30:21,818
You find him?
643
00:30:22,453 --> 00:30:23,477
No.
644
00:30:24,189 --> 00:30:25,417
He killed a cop?
645
00:30:26,224 --> 00:30:27,316
He was the cop.
646
00:30:28,726 --> 00:30:31,695
Did you tell anybody
about seeing the bus
leave the building?
647
00:30:32,130 --> 00:30:33,222
Sure.
648
00:30:33,932 --> 00:30:37,766
Everything I saw,
I told to my handler.
Sergeant Ross McMillan.
649
00:30:38,436 --> 00:30:41,530
Sergeant Lucas
picked Grady out
of a photo array.
650
00:30:41,606 --> 00:30:44,370
30-year-old ID.
Defense will have
a field day.
651
00:30:44,442 --> 00:30:46,034
None of this
makes any sense.
652
00:30:46,110 --> 00:30:47,805
You've got one cop
watching another,
653
00:30:47,879 --> 00:30:49,744
neither one knowing
they were both police.
654
00:30:49,814 --> 00:30:52,009
Didn't make sense
then, either.
655
00:30:52,083 --> 00:30:53,277
Please.
656
00:30:55,720 --> 00:30:57,915
I'll have Briscoe and
Curtis arrest Mr. Grady.
657
00:30:57,989 --> 00:31:01,152
Maybe you can find
Lucas's handler,
Ross McMillan.
658
00:31:03,061 --> 00:31:05,586
For reasons of safety,
we don't give out
the addresses
659
00:31:05,663 --> 00:31:08,097
of police personnel,
active or retired.
660
00:31:08,166 --> 00:31:11,465
And you haven't given
me a compelling reason
to make an exception here.
661
00:31:11,536 --> 00:31:14,801
He was given information
about a murder 30 years ago.
662
00:31:14,873 --> 00:31:16,272
Did he investigate it?
663
00:31:16,608 --> 00:31:17,597
Did he cover it up?
664
00:31:17,675 --> 00:31:21,111
Mr. Grady has one
foot in the grave,
make him a deal.
665
00:31:22,180 --> 00:31:23,272
You mean
make it go away.
666
00:31:25,016 --> 00:31:27,143
The D.A.'s office
can prosecute Grady
667
00:31:27,218 --> 00:31:29,948
without grubbing around
Special Squad Three
activities.
668
00:31:30,021 --> 00:31:31,181
Grubbing is
the right word.
669
00:31:31,256 --> 00:31:34,282
I'm not clear about
what your agenda is here,
Mr. McCoy.
670
00:31:34,359 --> 00:31:37,487
Your suspect had
nothing to do with
Special Squad Three.
671
00:31:37,562 --> 00:31:38,654
Our victim did.
672
00:31:38,730 --> 00:31:40,595
There's no connection.
673
00:31:41,666 --> 00:31:42,928
If there's
nothing else...
674
00:31:43,334 --> 00:31:44,460
Nothing.
675
00:31:53,611 --> 00:31:56,079
The state
has every right to take
action against terrorists.
676
00:31:56,414 --> 00:31:58,006
Activists aren't terrorists.
677
00:31:58,082 --> 00:31:59,106
If it walks
like a duck...
678
00:31:59,183 --> 00:32:01,014
Terrorist,
not terrorist.
679
00:32:01,552 --> 00:32:03,042
The subject
is Mr. Grady.
680
00:32:03,121 --> 00:32:05,316
We've got Grady.
The case is bigger than that.
681
00:32:05,390 --> 00:32:06,414
In your mind.
682
00:32:07,225 --> 00:32:08,692
He's using
a sick old man
683
00:32:08,760 --> 00:32:10,853
to start a holy war
against the police
department.
684
00:32:10,929 --> 00:32:12,328
We should offer Grady
a plea.
685
00:32:12,397 --> 00:32:13,864
No lower than man one.
686
00:32:13,932 --> 00:32:17,891
If Grady takes a plea,
we'll have no leverage
to get the files.
687
00:32:17,969 --> 00:32:21,268
The police department
can keep on covering up
its illegal activities.
688
00:32:21,339 --> 00:32:24,740
The case is not
about police spying,
it's about murder.
689
00:32:28,446 --> 00:32:30,914
That punk,
he was a cop?
690
00:32:32,350 --> 00:32:34,784
We understand
you didn't know that.
691
00:32:36,287 --> 00:32:38,414
Man one,
12 and a half-to-25.
692
00:32:39,524 --> 00:32:41,321
Give it up, Mr. McCoy.
693
00:32:41,826 --> 00:32:42,884
There's no evidence.
694
00:32:42,961 --> 00:32:44,724
We have a new witness
695
00:32:44,796 --> 00:32:48,323
who saw Mr. Grady driving
the VW Bus out of the
parking building
696
00:32:48,733 --> 00:32:52,931
seven minutes after
Bernstein walked into it,
on the night he disappeared.
697
00:32:53,004 --> 00:32:54,733
I want to see the
witness' statement.
698
00:32:54,806 --> 00:32:58,264
You know
we don't have to give
you that until the trial.
699
00:32:59,177 --> 00:33:01,407
But there's no reason
you shouldn't have it now.
700
00:33:06,084 --> 00:33:08,882
What, this is from
another undercover cop?
701
00:33:09,654 --> 00:33:12,817
Why was no action
taken for 30 years?
702
00:33:13,324 --> 00:33:15,690
You'd have to
talk to the people
who were in charge then.
703
00:33:15,760 --> 00:33:16,749
I will.
704
00:33:17,695 --> 00:33:20,960
And you'll
have to take this
one to trial, Mr. McCoy.
705
00:33:21,032 --> 00:33:24,092
There's plenty here
to create reasonable doubt.
706
00:33:27,238 --> 00:33:29,138
You don't want him
to take the deal.
707
00:33:29,207 --> 00:33:31,072
You didn't have to hand
over the witness report.
708
00:33:31,142 --> 00:33:32,769
Had to sometime.
709
00:33:32,844 --> 00:33:34,471
You don't give a damn
what that old man did.
710
00:33:34,545 --> 00:33:35,773
You just want to
get at those files.
711
00:33:35,847 --> 00:33:37,781
And this case
gives me the opportunity.
712
00:33:37,849 --> 00:33:39,680
I'm not passing it up.
713
00:33:39,751 --> 00:33:42,811
Let's get
the grand jury
busy issuing subpoenas.
714
00:33:42,887 --> 00:33:45,117
Please, go back
and talk to him, huh?
715
00:33:45,189 --> 00:33:46,383
If he won't
take the deal...
716
00:33:46,457 --> 00:33:47,822
No, not if it means prison.
717
00:33:47,892 --> 00:33:49,985
Then I don't know what
choice you think I have.
718
00:33:51,929 --> 00:33:54,397
You see, my father,
you don't understand
anything about my father.
719
00:33:54,465 --> 00:33:56,695
He's not some
hard-hat redneck.
720
00:33:57,001 --> 00:33:59,834
He voted for Kennedy.
He voted for Johnson.
721
00:34:00,872 --> 00:34:03,272
You see, when he saw
how people acted
722
00:34:03,341 --> 00:34:05,206
when he told them his son
was fighting in Vietnam,
723
00:34:05,276 --> 00:34:07,073
it broke his heart,
what they said.
724
00:34:07,445 --> 00:34:11,472
In '68, he voted for Nixon.
My old man used to make
fun of Nixon.
725
00:34:11,883 --> 00:34:14,784
I'm sorry, Mr. Grady,
we can't turn
a blind eye to murder.
726
00:34:16,921 --> 00:34:19,014
You could
lower the charge.
727
00:34:19,690 --> 00:34:21,817
You could
give him probation.
728
00:34:22,093 --> 00:34:24,323
You could do
anything you want.
729
00:34:28,900 --> 00:34:31,095
I went through
Bernstein's file myself.
730
00:34:31,169 --> 00:34:33,899
There's nothing conclusive
that could help your case.
731
00:34:33,971 --> 00:34:35,370
Does it mention
Mr. Grady?
732
00:34:35,440 --> 00:34:37,237
In passing.
733
00:34:37,308 --> 00:34:39,469
Did Grady
and Bernstein clash?
734
00:34:39,544 --> 00:34:42,536
Did Bernstein report
Mr. Grady had a gun?
Did they...
735
00:34:42,613 --> 00:34:44,376
You are riding this
horse to death, McCoy.
736
00:34:44,449 --> 00:34:45,780
What's the point?
737
00:34:45,850 --> 00:34:47,078
Justice.
738
00:34:48,019 --> 00:34:50,817
You want to fight
the subpoenas,
bring body armor.
739
00:34:56,327 --> 00:34:57,919
Covering up
the cover-up.
740
00:34:58,596 --> 00:34:59,756
Again.
741
00:35:04,068 --> 00:35:07,094
For God's sake, Jack,
why don't you just
start your own country?
742
00:35:07,171 --> 00:35:08,536
No cops, no bad guys.
743
00:35:08,606 --> 00:35:11,803
Just sweetness
and light as far
as the eye can see.
744
00:35:12,944 --> 00:35:14,377
I've cut you
a lot of slack on this
745
00:35:14,445 --> 00:35:16,106
'cause you don't know
a damn thing about
the '60s,
746
00:35:16,180 --> 00:35:17,169
you weren't
even born yet.
747
00:35:17,248 --> 00:35:19,512
I was born when the
World Trade Center
was bombed
748
00:35:19,584 --> 00:35:22,417
and the cops wouldn't
have caught those people
without undercover work.
749
00:35:22,487 --> 00:35:24,114
I'm not saying
it's never justified.
750
00:35:24,188 --> 00:35:26,247
No, you just seem to
think you get to decide.
751
00:35:26,324 --> 00:35:27,985
It's a police decision.
752
00:35:29,727 --> 00:35:32,924
See if
Mr. Grady's lawyer
wants to join the fight.
753
00:35:33,731 --> 00:35:37,667
Unusual for the two sides
to file jointly in an
opposition to quash.
754
00:35:37,835 --> 00:35:40,429
Both sides
are being damaged by the
police secrecy, Your Honor.
755
00:35:40,505 --> 00:35:42,871
Neither side has
any reason to think
756
00:35:42,940 --> 00:35:47,104
that Lieutenant McMillan's
memory or Mr. Bernstein's file
757
00:35:47,178 --> 00:35:49,806
contain any evidence that
can be used against Mr. Grady.
758
00:35:49,881 --> 00:35:51,712
Who knows
what's in those files?
759
00:35:51,782 --> 00:35:54,717
They may point to some
other suspect than
my client.
760
00:35:54,785 --> 00:35:57,845
Miss Latham is trying
to represent her client.
761
00:35:57,922 --> 00:35:59,389
Mr. McCoy's
on a crusade.
762
00:35:59,457 --> 00:36:02,255
He wants to expose the inner
workings of the Special Squad.
763
00:36:02,326 --> 00:36:04,385
He's not going to stop
with Bernstein's file.
764
00:36:04,462 --> 00:36:06,430
He will if I tell him to.
765
00:36:06,731 --> 00:36:07,959
Do you have
any specific reason
766
00:36:08,032 --> 00:36:11,991
to think Lieutenant McMillan
investigated Mr. Bernstein's
disappearance?
767
00:36:12,069 --> 00:36:14,629
Everybody the detectives
and the D.A.'s talked to
768
00:36:14,705 --> 00:36:18,038
have said that
David Bernstein got
fed up and went to Canada.
769
00:36:18,109 --> 00:36:20,805
They didn't know a witness
saw Mr. Grady driving the
VW Bus.
770
00:36:20,878 --> 00:36:22,675
- McMillan did.
- So what?
771
00:36:23,047 --> 00:36:25,777
Obviously, if McMillan
investigated the
disappearance,
772
00:36:25,850 --> 00:36:27,681
he didn't find out
what really happened.
773
00:36:29,153 --> 00:36:31,121
How will we know that
until we ask him?
774
00:36:31,856 --> 00:36:33,790
You really are fishing,
aren't you, Mr. McCoy?
775
00:36:34,058 --> 00:36:36,083
Fair trial's impossible
without the facts.
776
00:36:39,597 --> 00:36:40,859
Lieutenant McMillan's retired?
777
00:36:41,299 --> 00:36:42,288
Yes.
778
00:36:42,366 --> 00:36:44,459
You know where he is?
779
00:36:46,437 --> 00:36:47,631
Albany.
780
00:36:48,639 --> 00:36:50,766
Hell of a place to retire to.
781
00:36:52,243 --> 00:36:54,643
I order you to
produce Mr. McMillan.
782
00:36:54,712 --> 00:36:58,375
And after we hear from him,
I'll decide whether to
quash the subpoenas.
783
00:37:05,890 --> 00:37:07,016
Your Honor.
784
00:37:09,193 --> 00:37:12,890
Mr. McMillan, either
answer the questions
or take the Fifth.
785
00:37:16,234 --> 00:37:20,534
Did Officer Lucas tell you
that he saw a security guard
786
00:37:20,605 --> 00:37:24,063
drive the VW Bus
out of the parking
building that night?
787
00:37:26,143 --> 00:37:27,132
Yes.
788
00:37:27,211 --> 00:37:29,179
That didn't set off
alarm bells?
789
00:37:29,247 --> 00:37:31,715
I thought
Bernstein just left.
790
00:37:32,450 --> 00:37:33,917
Month before
the disappearance,
791
00:37:33,985 --> 00:37:36,579
all I heard from
the kid was grousing.
792
00:37:37,488 --> 00:37:39,422
He thought
we were all
full of crap.
793
00:37:39,490 --> 00:37:41,458
Why didn't you fire him?
794
00:37:45,696 --> 00:37:46,993
Mr. McMillan.
795
00:37:52,803 --> 00:37:55,795
He'd worked his way into
Kenneth Stratton's confidence.
796
00:37:56,274 --> 00:37:58,936
Kenneth Stratton
was the head of the
student organization?
797
00:37:59,343 --> 00:38:01,709
The radical organization, yes.
798
00:38:01,779 --> 00:38:03,747
But why
harbor a renegade?
799
00:38:03,814 --> 00:38:07,011
Did you need Bernstein,
specifically, for some
scheme you were hatching?
800
00:38:07,084 --> 00:38:10,281
Your Honor, what does
this have to do with the
security guard, Darryl Grady,
801
00:38:10,354 --> 00:38:11,343
who's accused
of the murder?
802
00:38:12,290 --> 00:38:13,279
Mr. McCoy?
803
00:38:13,591 --> 00:38:16,788
Grady was appalled at
what the students
were doing.
804
00:38:17,261 --> 00:38:18,785
Bernstein was
in the thick of it,
805
00:38:18,863 --> 00:38:21,696
carrying out
the dirty tricks
his superiors gave him.
806
00:38:24,201 --> 00:38:25,793
What was Bernstein doing?
807
00:38:25,870 --> 00:38:28,065
Nothing.
He refused.
808
00:38:28,472 --> 00:38:29,598
Refused what?
809
00:38:29,674 --> 00:38:33,303
To convince Kenneth Stratton
to formally affiliate with
the Black Panthers.
810
00:38:36,380 --> 00:38:37,369
What was the
point of that?
811
00:38:39,583 --> 00:38:41,346
To damage
Stratton's credibility
812
00:38:41,419 --> 00:38:43,148
with the non-violent
organizations.
813
00:38:44,255 --> 00:38:46,587
Stratton was
an effective leader,
814
00:38:46,991 --> 00:38:49,084
we needed to
neutralize him.
815
00:38:49,694 --> 00:38:52,356
We really thought there
was a revolution, you know.
816
00:38:53,297 --> 00:38:54,958
There might've been.
817
00:38:55,032 --> 00:38:57,660
Were you neutralizing
a revolution or
fomenting one?
818
00:38:58,102 --> 00:38:59,228
What's that mean?
819
00:38:59,303 --> 00:39:01,703
Did you tell David Bernstein
to pour blood
820
00:39:01,772 --> 00:39:04,002
on the Kensington
University war memorial?
821
00:39:04,975 --> 00:39:05,964
Yes.
822
00:39:06,043 --> 00:39:07,305
Did you provide
the blood?
823
00:39:07,378 --> 00:39:09,369
Yes.
What was the purpose?
824
00:39:09,447 --> 00:39:11,574
To outrage
ordinary citizens,
825
00:39:11,649 --> 00:39:13,173
turn them
against the radicals.
826
00:39:13,250 --> 00:39:16,242
So your purpose
was political,
827
00:39:17,722 --> 00:39:19,019
nothing to do
with police work?
828
00:39:19,090 --> 00:39:21,684
Our purpose was to save
the city from disruption.
829
00:39:23,294 --> 00:39:24,886
Did you look for
David Bernstein?
830
00:39:26,664 --> 00:39:29,394
I talked to the
Missing Persons
detective.
831
00:39:30,534 --> 00:39:32,399
He thought the
same thing I did,
832
00:39:32,470 --> 00:39:33,869
Bernstein just cleared out.
833
00:39:34,405 --> 00:39:38,808
Despite the fact
that the last person seen
driving his bus was Mr. Grady?
834
00:39:39,977 --> 00:39:41,535
Did you tell your
superiors about that?
835
00:39:43,013 --> 00:39:44,071
Yes.
836
00:39:45,349 --> 00:39:48,750
They told me
to find a way to make
Bernstein's disappearance
837
00:39:48,819 --> 00:39:51,549
look like the work
of the Black Panthers.
838
00:40:00,097 --> 00:40:01,291
Did you succeed?
839
00:40:01,365 --> 00:40:03,560
I told them
it wasn't feasible.
840
00:40:04,568 --> 00:40:06,695
Bernstein might
pop up again.
841
00:40:07,438 --> 00:40:09,736
Also, we didn't know
what Grady might say.
842
00:40:10,040 --> 00:40:11,905
Did you ask him
what he had to say?
843
00:40:16,113 --> 00:40:18,741
My superiors told me
to let it go.
844
00:40:19,617 --> 00:40:24,520
So, no effort was made to
find out what happened to
David Bernstein,
845
00:40:25,122 --> 00:40:26,646
a fellow police officer,
846
00:40:27,057 --> 00:40:30,151
who was lying dead at the
bottom of the Hudson River,
847
00:40:30,227 --> 00:40:32,388
because the police
did not want to compromise
848
00:40:32,463 --> 00:40:35,489
their covert and
illegal activities.
849
00:40:36,100 --> 00:40:38,295
We didn't know
he was dead.
850
00:40:39,203 --> 00:40:42,036
We just
didn't want him
going to the press.
851
00:40:48,946 --> 00:40:50,208
Even in a free society,
852
00:40:50,281 --> 00:40:54,741
police have every right
to infiltrate criminal
organizations.
853
00:40:55,920 --> 00:40:59,651
If undercover agents
know their files can
become public record
854
00:40:59,723 --> 00:41:02,886
at the whim of the
district attorney's office,
855
00:41:02,960 --> 00:41:05,793
police department
will be hogtied.
856
00:41:05,863 --> 00:41:07,296
Mr. McCoy has
shown no reason
857
00:41:07,364 --> 00:41:08,831
why he should
be given access
858
00:41:08,899 --> 00:41:11,595
to confidential police
department files.
859
00:41:16,874 --> 00:41:20,435
If bringing a cop killer
to justice isn't reason
enough for Mr. Kushner,
860
00:41:20,511 --> 00:41:21,705
I don't know
what would be.
861
00:41:22,646 --> 00:41:25,444
If the police department
doesn't want to be embarrassed
862
00:41:25,516 --> 00:41:27,677
by revelations
about its behavior,
863
00:41:28,018 --> 00:41:30,316
maybe it shouldn't
behave badly.
864
00:41:31,989 --> 00:41:36,688
The police stalked,
harassed and mistreated
ordinary citizens
865
00:41:36,760 --> 00:41:39,558
whose political opinions
they didn't like.
866
00:41:40,130 --> 00:41:42,530
Is this acceptable
in a democracy?
867
00:41:43,100 --> 00:41:45,591
Is this acceptable
in a society founded
868
00:41:45,669 --> 00:41:48,137
on freedom of
thought and speech?
869
00:41:50,708 --> 00:41:52,972
Can our society survive
870
00:41:55,112 --> 00:42:00,573
secret police monitoring
of law-abiding people
871
00:42:01,051 --> 00:42:03,281
who question
government policy?
872
00:42:06,390 --> 00:42:11,157
The files I'm requesting
may be shaming to
the department,
873
00:42:11,228 --> 00:42:13,628
but they're
not privileged,
they're not protected,
874
00:42:13,697 --> 00:42:16,461
they're not sheltered by
any conceivable argument
875
00:42:16,534 --> 00:42:18,263
Mr. Kushner can
come up with.
876
00:42:20,104 --> 00:42:22,129
There may be
compelling reasons
877
00:42:22,206 --> 00:42:25,937
for the police department
to keep certain files
confidential,
878
00:42:26,510 --> 00:42:28,273
at least for a time,
879
00:42:29,380 --> 00:42:32,941
but governmental secrecy
is anathema to democracy
880
00:42:33,584 --> 00:42:36,246
and must be motivated
by more than a desire
881
00:42:36,320 --> 00:42:38,948
to avoid
embarrassment
and controversy.
882
00:42:41,959 --> 00:42:44,553
I'm denying your motion
to quash the subpoenas.
883
00:42:55,606 --> 00:42:57,767
Man two, one-to-three.
884
00:42:57,841 --> 00:42:58,967
Minimum security.
885
00:43:01,145 --> 00:43:06,276
Mr. Bernstein's file contains
seven reports of run-ins
with you.
886
00:43:07,685 --> 00:43:11,678
He clearly provoked them to
make himself look good to
his friends,
887
00:43:12,389 --> 00:43:14,687
but they don't
look good for you.
888
00:43:21,131 --> 00:43:22,462
I'm tired.
889
00:43:25,936 --> 00:43:28,268
I had a gun
because I was scared.
890
00:43:29,974 --> 00:43:33,501
I didn't want to get caught
between the cops and
the protestors.
891
00:43:36,614 --> 00:43:40,516
Bernstein's bus was
parked in a staff space.
892
00:43:41,285 --> 00:43:44,686
I told him to move it.
He gave me some lip.
893
00:43:44,755 --> 00:43:49,419
This kid
who poured blood
on the memorial.
894
00:43:50,394 --> 00:43:52,521
I can't believe
he was a cop.
895
00:43:55,065 --> 00:43:57,727
All I could think of
was my son.
896
00:44:03,440 --> 00:44:04,771
I snapped.
897
00:44:07,578 --> 00:44:08,909
I'm sorry.
898
00:44:10,547 --> 00:44:12,014
I'm sorry.
899
00:44:27,364 --> 00:44:29,491
Grady said if he knew
Bernstein was a cop,
900
00:44:29,566 --> 00:44:31,898
he wouldn't have done it,
he wouldn't have snapped.
901
00:44:32,369 --> 00:44:35,770
Jack thinks the police
department is responsible
for Bernstein's death.
902
00:44:35,839 --> 00:44:39,400
They did everything
they could think of
to provoke people.
903
00:44:39,777 --> 00:44:42,109
Worked like a charm
on Mr. Grady.
904
00:44:45,082 --> 00:44:46,174
Yeah.