1. In the criminal justice system
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2. the people are represented
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3. by two separate
yet equally important groups:
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4. the police,
who investigate crime
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5. and the district attorneys,
who prosecute the offenders.
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6. These are their stories.
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7. Sure, I know her.
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8. Through there, buzz 4-D.
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9. Up the stairs,
second apartment in the back.
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10. Arnie, Mr. K.
could use a refill.
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11. This is
my third stop here today.
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12. She's not answering.
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13. I'd leave them
by the door, but...
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14. Oh, like leaving
a pound of brisket
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15. in front of a schnauzer.
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16. Maybe you can
hold them
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17. and keep some poor guy's heart
from breaking.
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18. I'll do you one better.
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19. Ooh, she give
you her keys?
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20. I got everybody's.
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21. I own the building.
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22. Mind the register, boychick.
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23. Mind it.
Don't help yourself.
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24. Putz.
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25. Goniff.
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26. She has a cat.
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27. Hmm, yeah?
Smells like about five cats.
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28. Oy vey.
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29. She was in a movie,
uh, where all the
kids are dancing.
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30. Fame?
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31. The other one.
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32. Turns out today's
her birthday.
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33. The flowers were
from her folks.
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34. Uh, I read the card.
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35. Nice people.
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36. All right, thank you.
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37. Doc says a single.357 round
to the chest did the trick.
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38. Went right through her.
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39. Right in the middle
of lunch, too.
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40. Looks like
kung pao chicken.
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41. Yeah. Be sure
to get back to us on that.
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42. There's a back-alley entrance
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43. but the door
was locked and alarmed
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44. and there's no sign
of forced entry.
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45. When will people learn
that a good friend
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46. can be your worst enemy?
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47. She was some kind of actress.
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48. Yeah, slash musician.
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49. Small neck,
it's made for a woman's hands.
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50. I always wanted
to learn guitar.
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51. It's actually a bass—
a Rickenbacker.
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52. Is that good?
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53. It was good enough
for Elvis.
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54. Oh, now you're in
my neck of the woods.
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55. I'm actually talking
about Elvis Costello.
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56. Who's on first?
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57. Anyway, fits with the rest
of her gear— pricey.
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58. A neighbor said
this used to be home
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59. to one of those
plasma screen TVs.
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60. Those things go
for, like, six grand.
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61. For six grand
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62. it ought to make coffee
and do the dishes.
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63. Captioning sponsored by
UNIVERSAL NETWORK TELEVISION
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64. Lucy Dolan, 32, single,
unemployed actress.
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65. In that business,
if it said "employed"
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66. I'd be shocked.
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67. The M.E. says
that Ms. Dolan
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68. had food in her upper G. I.
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69. The Chinese take-out receipt
was date- and time-stamped
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70. so the possible time of death
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71. is somewhere
between noon and 1:00
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72. three days ago.
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73. So, a girl gets shot
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74. over a busy restaurant,
and no one hears anything?
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75. Her apartment
was soundproofed.
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76. When she wasn't not acting
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77. she was not earning a buck
as a musician.
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78. Whatever her calling
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79. the audio and video equipment
in her apartment
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80. was worth at least 50 grand.
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81. Someone must love this girl.
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82. MRS.
Today is her birthday.
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83. You know,
we sent her flowers.
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84. Lucy was lost.
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85. The music, acting...
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86. Stop it.
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87. She was good.
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88. Remember,
we saw her in...
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89. Something
off-off-Broadway.
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90. How did she actually
earn a living, Mr. Dolan?
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91. Oh, a job here
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92. a job there.
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93. Lately, she was doing comedy.
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94. Stand-up.
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95. I guess it was going well.
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96. Why do you say it like that?
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97. Lucy was
no spoiled brat.
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98. She really worked hard.
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99. But sometimes we helped her
with, uh... her rent or bills...
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100. We didn't mind.
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101. What else is it for?
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102. She hasn't asked for help
in quite a while.
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103. So, the stereo equipment...
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104. You mean, the CD player?
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105. What's that got to do with this?
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106. Nothing, really.
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107. So, where did Lucy do
her stand-up?
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108. She never wanted us to see her.
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109. I assumed it wasn't the most
respectable club around.
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110. Her agent would know.
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111. Lucy had a killer body.
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112. If only she was
a couple inches taller.
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113. Her folks said
her comedy act
was taking off.
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114. Yeah, and my mom thinks
I'm "Swifty" Lazar.
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115. Lucy emceed late-late-night
at the Laff Riot
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116. out on Staten Island.
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117. We're not exactly talking
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118. Leno material.
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119. Did she have any
close friends?
Boyfriend?
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120. There are
two types of clients
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121. Detective—
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122. one consults me before they buy
a tube of toothpaste.
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123. The other, I'm lucky
if I get their cell number.
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124. And Lucy was the latter?
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125. I never heard
from the girl.
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126. Half the time I didn't know
what color her hair was.
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127. Do you think she
might have been using
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128. that "killer body"
to make some money
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129. the old-fashioned way?
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130. I hope not.
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131. But it's a tough business.
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132. What can I say?
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133. She wouldn't be the first.
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134. Ask me what the
key to comedy is...
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135. Timing.
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136. You can say that again.
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137. We were talking
about Lucy Dolan.
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138. She could have used a new watch,
if you get my drift.
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139. Oh, so you gave her
a regular gig
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140. out of the kindness
of your heart?
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141. Guys here at 2:00 in the morning
aren't here to laugh.
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142. They're here to look.
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143. And Lucy Dolan was
nice to look at.
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144. A five in Manhattan
is a ten in Staten Island.
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145. Anyway, she gave me notice.
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146. Friday was going to be
her last day.
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147. We're just wondering why
a barely-employed comic
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148. would suddenly bolt
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149. from her one
paying gig.
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150. Are you hinting
at something here?
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151. We were wondering
if maybe that
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152. late-night crowd offered her
a little more than you did.
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153. That sort of stuff
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154. does not go on in my club.
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155. I don't need this.
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156. Hey, man, look.
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157. My partner didn't realize
that you were so sensitive.
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158. Let me ask you something.
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159. It gets late,
performers run out of gas
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160. maybe they use
a little something, something
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161. to lift the spirits?
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162. First, she's a hooker;
now, she's a junkie.
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163. Let the girl rest in peace,
why don't you?
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164. He's right, Ed.
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165. So, Mr. Helprin,
uh, your cabaret license—
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166. uh, everything in order?
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167. What do you guys want from me?
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168. I'm just trying
to run a club here.
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169. And one of your
acts was murdered!
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170. A little concern
would be nice.
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171. Lucy kept a locker in the back.
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172. Does that help?
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173. It's a start.
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174. Head shots, makeup...
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175. speeding tickets.
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176. There's got to be
a dozen of them.
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177. She was in a rush.
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178. Lucy had a car?
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179. Green Beemer.
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180. Is that a crime?
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181. Unless bad jokes
pay better than I thought.
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182. Figured it was family money.
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183. Hey, look at this.
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184. One of those
photo citations.
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185. Machines, right?
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186. They're going to put you guys
out of work.
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187. Sorry.
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188. You recognize this location?
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189. That's the street
light on 54th.
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190. Right next to our
favorite deli.
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191. Looking for a moment
frozen in time.
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192. That's almost poetic.
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193. Yeah, so what am I doing
in DMV, right?
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194. Just find us
something snapped
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195. between 12:00 and 1:00
on that day
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196. in that corner
with that camera.
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197. Okay. 16 pics in that time span.
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198. Wow. At a hundred bucks
a pop?
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199. We should get a raise.
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200. Tell me about it.
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201. You can blow that up,
right?
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202. Already in the works.
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203. That's as good
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204. as it's going to get.
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205. Next.
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206. Next.
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207. Next.
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208. Wait a minute.
What's that?
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209. Zoom in.
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210. They got to be tourists.
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211. Who else would
want a souvenir
of a triple-decker?
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212. More likely
looking for celebrities.
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213. That place caters
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214. to the rich and famous.
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215. Now all we got to do
is put out an APB
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216. for two badly dressed
out-of-towners.
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217. Ford Focus.
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218. My guess it's a rental.
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219. And a rental
company
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220. would have their local address.
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221. New York's just
too big for us.
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222. Too much of a hullabaloo.
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223. We just got a couple
of questions for you
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224. Mrs. Platt.
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225. And we have one for you.
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226. Why do they call it
the Big Apple?
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227. We have apple trees
back on the farm...
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228. In New Vienna.
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229. Ohio.
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230. Go figure.
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231. All we need
is to take a look
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232. at the video you shot
in front of the deli.
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233. Look, I-I hate to be rude,
but we got a plane to catch.
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234. There's only
one connecting flight
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235. out of Cincinnati.
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236. Mr. Platt,
you may have unknowingly
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237. filmed evidence of a crime.
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238. Well, we'd love
to help you
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239. but we're in a rush.
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240. Let me tell you
something.
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241. Besides all
the hullabaloo here
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242. we also have something called
"material witness warrants."
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243. That means we can keep you here
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244. until all those apples
grow back.
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245. We don't have the tape.
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246. Ed, why don't you call
Judge Finkel.
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247. No, you don't
understand.
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248. Wereallydon't have it.
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249. We sold it.
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250. To who?
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251. Television people. WEXR?
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252. Now youaregoing to miss
that flight.
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253. They see the murder
on the cover of theDaily News
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254. they figure,
"What the hell,
let's make a buck."
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255. It is the American way.
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256. They said
they got a shot
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257. of three
suspicious-looking characters.
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258. Well, if WEXR
airs that tape
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259. those characters will
know we're on to them
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260. and hit the road.
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261. Mm-hmm. There's no way
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262. the network is going
to turn over that tape.
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263. Well, they might
if we show up
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264. with a restraining order.
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265. Well, what about
Ma and Pa Kettle?
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266. Well, the next plane's
in four hours?
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267. Cut 'em loose
in three and a half.
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268. Pentagon Papers
case says it all.
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269. No prior restraint on
publicationorbroadcast.
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270. You can't issue
a restraining
order, Judge.
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271. Your Honor,
WEXR paid $10,000
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272. for the tape.
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273. Clearly they think
it has probative value.
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274. If the Platts were in
possession of the tape
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275. I'd concede the People's
right to subpoena it,
but they're not.
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276. My client is
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277. and my client is a
legitimate source of news
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278. in the community.
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279. In the alternative,
Your Honor
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280. we're asking that the People
be given a first look.
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281. Pardon me?
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282. We want to
view the tape
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283. before they go public with it.
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284. We'll assure counsel
that nobody from our office
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285. or the police department
will reveal
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286. the existence of the tape
before it airs.
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287. Well, Mr. Willet
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288. is 24 hours going to put
an overly large kink
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289. in your colon?
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290. That's not the point, Judge.
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291. Course there's
always the chance
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292. that I linger
over the People's application.
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293. My clerk gets lost in Westlaw
for a couple of days
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294. and your tape becomes
yesterday's news, literally.
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295. Thank you, Your Honor.
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296. People to be provided
with a duplicate tape forthwith.
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297. MR.
Honey, shove over,
you're blocking the window.
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298. I got Woody Allen
in the cross-hairs.
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299. Oh, you hayseed,
that's just some other Jew.
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300. The silent majority...
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301. Should stay that way.
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302. Now that looks like
a plasma TV to me.
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303. I thought he was looking
for celebrities.
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304. Oop, Larry, Moe
and Curly makes three.
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305. Looks like Curly's
supporting a piece.
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306. There go our killers.
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307. And we've got less than 23 hours
to find them.
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308. I'm sorry, guys.
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309. I can't get the plate
or the registration sticker.
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310. DMV's got 2,700 beige Explorers
in the five boroughs alone.
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311. Yeah, assuming your bad guys
are even local.
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312. Wait. What's there?
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313. Right in the
front window.
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314. What? Uh...
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315. Uh, looks like it could be
a parking permit—
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316. something like that.
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317. "FDR."
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318. Fremont Downs Racetrack.
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319. I can't make
out the numbers
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320. but it is a
parking permit.
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321. I love the ponies.
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322. Guys would kill for
a pass like that.
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323. Funny you should put it
that way.
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324. VIP parking.
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325. Guy's a box owner.
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326. That goes along
with a clubhouse pass.
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327. If I could make out
these numbers
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328. I could tell you
who it belongs to.
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329. Can you get us a list
of the box owners?
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330. All 300 of them?
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331. Wait, today's
the Five Borough
Handicap, right?
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332. Attaboy Bob's
running.
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333. I wouldn't want
to miss that.
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334. Third race—
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335. I got to go
with Ed's Pepper.
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336. You've got
to be kidding.
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337. She's a gray.
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338. I always bet
the gray.
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339. And you wonder
why you always lose.
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340. She's got the
inside post.
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341. Yeah, man, and the
first rule of racing
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342. is "from the rail
to the jail."
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343. Hey. Beige Explorer.
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344. They look familiar?
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345. That's Moe and Larry.
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346. Two out of three
ain't bad.
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347. Hey, bro,
who you got in the first?
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348. Sigfried's Pal, man.
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349. What the hell?
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350. You just got scratched,
my friend.
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351. You know what this is, Matt?
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352. This is what we call
your yellows.
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353. Yeah, I'm happy
for you, man.
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354. It says here
you got a disorderly conduct
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355. from back in '96.
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356. What was that?
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357. One too many brews,
and you watered
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358. a hydrant?
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359. What's the difference?
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360. The difference is you stepped up
into a whole 'nother league now.
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361. And what league is that?
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362. Why would I want to kill
somebody, man?
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363. You're out of your skull.
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364. That's beside
the point.
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365. That don't even look like me.
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366. I checked your
sheet, Harold.
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367. The worst thing
you ever got caught for
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368. was turnstile jumping.
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369. I don't think
you're all that tough.
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370. Then why
are you wasting my time?
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371. Your other friend—
what's his name?
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372. I got a lot
of friends.
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373. Yeah, you got
a lot of balls, too—
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374. robbery, murder.
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375. Add obstruction
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376. you're looking
at a hat trick, Matt.
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377. Whoa.
Ain't nobody robbed nobody.
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378. Ain't nobody murdered nobody.
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379. So, Lucy Dolan
just gave you that TV.
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380. That's right.
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381. She liked us.
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382. So, why
did you shoot her?
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383. I didn't. That's why.
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384. I hope Ed's doing better
than I did.
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385. Hear no evil.
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386. The SUV belongs
to this one.
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387. I guess selling swag
is recession-proof.
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388. Well, the box seats
at the track
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389. belong to his cousin.
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390. He owns a shoe store
on the Upper East Side.
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391. He's out of town
for a week.
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392. The only thing
my cousin ever gave me
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393. was the mumps.
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394. Knock, knock, Andrew Maynard.
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395. Pleasure.
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396. Now, if you can just,
uh, call off the dogs
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397. while I talk to my client
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398. Mr. Johnson.
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399. That's Mr. Carton.
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400. Heads, I win.
As it turns out
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401. I represent
both of these
fine gentlemen.
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402. Ed.
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403. Send in
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404. the cavalry; I don't care.
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405. I still didn't kill nobody.
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406. This is your
lawyer, Einstein.
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407. You know who that is?
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408. That's Andrew Maynard.
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409. Defender of the
undefendable
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410. the falsely
accused...
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411. And the biggest narcotics
dealers in the city.
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412. I doubt these
two knuckleheads
can pay his tab.
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413. At 800 bucks an hour,
who can?
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414. I'm guessing
the guy these mopes work for.
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415. The name of the guy
who pays the legal fees
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416. isn't privileged.
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417. My second divorce.
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418. Yeah, and maybe Maynard
will give us the name
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419. and a guilty plea
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420. on a silver platter.
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421. Well, if we hit him
with a subpoena
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422. it's going to take 30 days
for some judge to decide
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423. if we get a name.
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424. There are other ways.
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425. Hey, I look like a cop?
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426. You look fine.
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427. Have a nice time
at the prom.
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428. You got your
cell phone?
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429. Dad, now, don't worry.
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430. I'll call you
if he gets too frisky.
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431. Here he comes.
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432. All right,
seriously
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433. if Maynard comes back,
get your ass out of there.
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434. If you could tell
me what this in
reference to, Mr...
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435. I'd rather not
give my name.
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436. Well, is there a number
at which Mr. Maynard
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437. can reach you?
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438. See, that's a problem.
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439. See, phones are a little bit...
awkward at the moment.
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440. Well, I really don't know
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441. when Mr. Maynard
is returning to the office.
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442. You can call him, can't you?
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443. And say what?
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444. A guy who won't give me his name
wants to see him?
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445. All right, maybe this will help.
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446. There's two brothers enjoying
the hospitality of a certain
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447. city agency.
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448. There are a lot more than two.
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449. Yeah,
but Mr. Maynard
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450. representing these two.
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451. Matter of fact, he went by
and visited them today
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452. at the behest
of one of my colleagues.
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453. Please have a seat.
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454. Hi, Mr. Maynard.
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455. No, no, they didn't call.
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456. There's a gentleman here
referred by Danny Otum.
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457. He won't give
it to me.
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458. Says you
understand?
Copy !req
459. Can you be here tomorrow morning
at 8:00 A.M.?
Copy !req
460. Not a problem.
Copy !req
461. Police! We have a warrant!
Copy !req
462. Open up, Mr. Otum.
It's the police!
Copy !req
463. Ah, the hell with it.
Copy !req
464. Use the super's key.
Copy !req
465. NYPD— last time we ask.
Copy !req
466. Hey, police business.
Copy !req
467. Get back inside.
Copy !req
468. What's going on?
Now!
Copy !req
469. Danny's got good taste.
Copy !req
470. Yeah, he got
Lucy Dolan's TV, too.
Copy !req
471. Hey, what are you doing
in my...?
Copy !req
472. Police. Don't move!
Copy !req
473. I said police!
Copy !req
474. It's a cell phone.
Copy !req
475. You okay, partner?
Copy !req
476. Yeah, I'm great.
Copy !req
477. Docket #3395:
Copy !req
478. People v. Carton,
Johnson, and Otum.
Copy !req
479. Steve Hanft, substituting
for defendant Johnson.
Copy !req
480. Yoriko Fujitsa for defendant
Carton, You Honor.
Copy !req
481. Welcome to one and all.
Copy !req
482. Mr. Maynard
Copy !req
483. I assume you're here
in some official capacity.
Copy !req
484. Andrew Maynard for
Daniel Otum, sir.
Copy !req
485. "Lead on, MacDuff."
Copy !req
486. Charges are, one count each,
murder in the first degree
Copy !req
487. robbery in the first degree.
Copy !req
488. Pleas, gentlemen?
Not guilty.
Copy !req
489. Not guilty.
Copy !req
490. Not guilty, Your Honor.
Copy !req
491. Who says consistency is the
hobgoblin of little minds?
Copy !req
492. People on bail?
Copy !req
493. The defendants are seen
on a videotape
Copy !req
494. outside of the victim's building
Copy !req
495. holding her property
at the time of her murder.
Copy !req
496. Judge, the tape
is fuzzy at best.
Copy !req
497. Fuzzy or not, the deceased's
property was recovered
Copy !req
498. from defendant
Otum's apartment.
Copy !req
499. Nice try, Counselor.
Copy !req
500. Judge, if I may...
Copy !req
501. No, you may not.
Copy !req
502. Mr. Maynard, your client
Copy !req
503. has multiple priors;
he's not going anywhere.
Copy !req
504. Uh, remand all three defendants.
Copy !req
505. Next.
Copy !req
506. Docket #37926...
Copy !req
507. Off the record?
Copy !req
508. Why not?
Copy !req
509. We all have a good idea what
my client does for a living.
Copy !req
510. On the record, that's why
we're not considering a deal.
Copy !req
511. Sure, one drug dealer
kills another.
Copy !req
512. Hold on.
Copy !req
513. There's no evidence
that Lucy Dolan sold drugs.
Copy !req
514. Her car, her possessions
Copy !req
515. her lack of any other
source of income.
Copy !req
516. Well, maybe she had a boyfriend.
Copy !req
517. Or, perhaps, Danny Otum
served as wholesaler
Copy !req
518. and Ms. Dolan
was one of his retailers.
Copy !req
519. Is this a confession
to possession with intent?
Copy !req
520. Theory.
Copy !req
521. Lucy's marketing skills
Copy !req
522. were falling a little short
of expectation.
Copy !req
523. She owed Danny
what was quickly becoming
Copy !req
524. a lot of money.
Copy !req
525. So, he killed her?
Copy !req
526. No.
Copy !req
527. Lucy Dolan was shot
Copy !req
528. with a.357, Mr. Maynard.
Copy !req
529. Your client did three years
for assault with a.357.
Copy !req
530. And do you know
why you can't find
Copy !req
531. a murder weapon?
Copy !req
532. Because Danny never had it.
Copy !req
533. This was strictly business.
Copy !req
534. And like any other transaction
Copy !req
535. after some negotiation
Copy !req
536. she offered collateral
to secure her loan.
Copy !req
537. The plasma screen TV?
Copy !req
538. There you go.
Copy !req
539. And the murder?
Copy !req
540. It happened after my client
and his colleagues
Copy !req
541. went their merry way.
Copy !req
542. You should write fiction,
Mr. Maynard.
Copy !req
543. First off, your client has
multiple violent felonies.
Copy !req
544. Second, he should thank
Copy !req
545. his lucky stars he didn't
get shot resisting arrest.
Copy !req
546. In which case, I would be
initiating a wrongful death suit
Copy !req
547. instead of merely a Federal
civil rights action.
Copy !req
548. Detective Green thought Mr. Otum
was reaching for a weapon.
Copy !req
549. He was reaching
Copy !req
550. for his cell to dial 911.
Copy !req
551. He thought he was being robbed.
Copy !req
552. Oh, come on.
Copy !req
553. A jury can be a strange
and empathetic beast
Copy !req
554. Ms. Southerlyn.
Copy !req
555. Now, taking all
of the relevant facts
Copy !req
556. and putting them
into perspective
Copy !req
557. I have the distinct feeling
Copy !req
558. that we could make
this Federal case go away...
Copy !req
559. I'm busy, Mr. Maynard.
Copy !req
560. A damn cell phone.
Copy !req
561. Hey, Otum is
a known dealer.
Copy !req
562. I got a history, man.
Copy !req
563. You two, in my office.
Copy !req
564. Shut the door.
Copy !req
565. You're on desk.
Copy !req
566. Hey, a week or so tops
Copy !req
567. it'll all be straightened out.
Copy !req
568. Excuse me,
both of you.
Copy !req
569. You were the only witness.
Copy !req
570. Otum names the city,
the Department
Copy !req
571. and you individually
in his suit.
Copy !req
572. He claims you profiled him.
Copy !req
573. Right, he's a drug dealer
and a murderer.
Copy !req
574. And he's black.
Copy !req
575. Have you looked at me recently?
Copy !req
576. He also claims
Copy !req
577. that you never identified
yourselves as cops.
Copy !req
578. Come on.
I said, "Police."
Copy !req
579. And the icing on the cake
is the pounding he took
Copy !req
580. with snapshots to prove it.
Copy !req
581. Tell me, did I wake up
Copy !req
582. on the wrong side of the
looking glass this morning?
Copy !req
583. A black cop under
investigation by
a white US Attorney
Copy !req
584. for beating
a black suspect.
Copy !req
585. The times, they
are a-changing.
Copy !req
586. Yup.
Copy !req
587. And this Detective Green
Copy !req
588. certainly adds
another layer to the cake.
Copy !req
589. True or false:
the sole purpose of a government
Copy !req
590. and all its agents
is to protect the citizenry?
Copy !req
591. Sole purpose, no.
Copy !req
592. Okay, the primary
purpose then.
Copy !req
593. Once we establish
that Detective Green's actions
Copy !req
594. were not racially motivated
Copy !req
595. then we must
conclude that they
Copy !req
596. were just another desperate
example of our government
Copy !req
597. failing
in its most basic function.
Copy !req
598. Or they were
Copy !req
599. an example of a man
resorting to a primal instinct—
Copy !req
600. self-preservation.
Copy !req
601. Detective Green thought Otum
was reaching for a gun.
Copy !req
602. It was a hell of an argument,
though, don't you think?
Copy !req
603. Actually, Maynard
Copy !req
604. is reaching back
to Trial Tricks 101.
Copy !req
605. He's using the Federal civil
rights action as leverage
Copy !req
606. to try to make us back off
the criminal case.
Copy !req
607. Which you're
not going to do.
Copy !req
608. Murder One?
Copy !req
609. I don't think so.
Copy !req
610. Well, as it turns out
Copy !req
611. I took a more advanced version
of that very same class.
Copy !req
612. We'll see who has the leverage
when the day is done.
Copy !req
613. The arrests of Carton, Johnson
and Otum, repeat offenders all
Copy !req
614. followed an investigation
by Detectives Briscoe and Green
Copy !req
615. whose lieutenant, Anita Van
Buren, supervised the inquiry.
Copy !req
616. The people of this city
owe these officers
Copy !req
617. a debt of gratitude.
Copy !req
618. It is the conclusion
of this office
Copy !req
619. based on the particular
circumstances of this crime
Copy !req
620. and the overwhelming evidence
of guilt, that the death penalty
Copy !req
621. although very rarely sought
in this county, is appropriate.
Copy !req
622. Lucy Dolan's murder was brutal,
intentional and pointless.
Copy !req
623. Our hearts go out
to her loved ones.
Copy !req
624. Now, I'll take your questions.
Copy !req
625. Mr. Branch, I was just
coming to see you.
Copy !req
626. Go on ahead.
Copy !req
627. What can I do for you,
Lieutenant?
Copy !req
628. I saw your news conference.
Copy !req
629. Yes, I thought
it went well.
Copy !req
630. Well, I understand
all about PR, sir
Copy !req
631. but I think you
may have gone
Copy !req
632. just a bit overboard
on this one.
Copy !req
633. To quote
a great legal scholar
Copy !req
634. "So what?"
Copy !req
635. The two nice ones
carried the TV
Copy !req
636. while the surly one
does the shooting.
Copy !req
637. Any way you deal
the cards, Lieutenant
Copy !req
638. it's your garden variety
felony murder
Copy !req
639. punishable by death
in this state.
Copy !req
640. Besides, I'd think you'd favor
this course of action.
Copy !req
641. You know what my problem is?
Copy !req
642. If we fry Carton and Johnson,
the next time my officers
Copy !req
643. find themselves
in a similar situation
Copy !req
644. the bad guys may just shoot
to kill— what the hell?
Copy !req
645. They'd be facing
Copy !req
646. the death penalty anyway.
Copy !req
647. You want to talk
"next time"?
Copy !req
648. What about the next time
three punks hit a 7-Eleven?
Copy !req
649. You want the two without the gun
to get a pass
Copy !req
650. when their buddy blows
the cashier's face off?
Copy !req
651. It's not the message I want to
send for all the "next times."
Copy !req
652. And, in case you missed
the obvious
Copy !req
653. I'm trying to save the career
of one of your officers.
Copy !req
654. Maybe his
Copy !req
655. isn't the only career
being saved.
Copy !req
656. The Federal case
could sway the jury
Copy !req
657. in your murder trial
Copy !req
658. and we both know a DA can't
get reelected in this city
Copy !req
659. if he can't convict three men
caught on tape
Copy !req
660. leaving the scene with the
victim's property in their arms.
Copy !req
661. You know, Lieutenant,
in the end
Copy !req
662. a man's motives are secondary
to his accomplishments.
Copy !req
663. That same great legal scholar?
Copy !req
664. That's right— me.
Copy !req
665. I take it you don't care
Copy !req
666. for the new DA's tactics
on this one.
Copy !req
667. Do you?
Copy !req
668. I think he's just flexing.
Copy !req
669. If it works, we'll be able
Copy !req
670. to put Otum and his
crew behind bars
Copy !req
671. and keep Green
on the street.
Copy !req
672. Anyway, the Commissioner,
with no ifs, ands or buts
Copy !req
673. said no one from my precinct
could look into Green's case.
Copy !req
674. That's the drill, isn't it?
Copy !req
675. See, the thing is,
Briscoe said
Copy !req
676. Otum had a neighbor across
the hall who was kind of nosy
Copy !req
677. when they first
showed up.
Copy !req
678. And no one's
talked to him?
Copy !req
679. No one got the right answers.
Copy !req
680. Why play games, Mr. Franks?
Copy !req
681. We both know you heard
them announce themselves
Copy !req
682. as police officers
when they first arrived.
Copy !req
683. Maybe I did and maybe I didn't.
Copy !req
684. Who can say for sure?
Copy !req
685. If you're afraid of Otum,
we'll take care of you.
Copy !req
686. You think I don't
read the papers?
Copy !req
687. I know what happens to people
who testify against gangsters.
Copy !req
688. Somehow their houses burn down,
their kids disappear.
Copy !req
689. What the papers leave out
Copy !req
690. is that I can be equally
dangerous, Mr. Franks.
Copy !req
691. I'll take my chances.
Copy !req
692. I used to date a CPA.
Copy !req
693. How nice for you.
Copy !req
694. Now, if you don't mind?
Copy !req
695. Sure, why talk now
when we can finish
Copy !req
696. this discussion
in front of a grand jury?
Copy !req
697. I know enough law
Copy !req
698. to know that you can't
force me to testify.
Copy !req
699. That's right, but I can
cite you for contempt.
Copy !req
700. And a contempt conviction
in New York is a felony.
Copy !req
701. Did you know that?
Copy !req
702. And with a felony
on your record
Copy !req
703. I'm afraid you'll lose
that accounting license
Copy !req
704. this nice office...
Copy !req
705. Mr. Franks gave
one hell of a deposition.
Copy !req
706. Turns out, he heard Briscoe
yell, "Police. Don't move."
Copy !req
707. Did the US Attorney
find him credible?
Copy !req
708. He found, and I quote,
"There were no grounds
Copy !req
709. for charges
against the arresting officers."
Copy !req
710. Which destroys
Maynard's leverage.
Copy !req
711. I'll wait till morning
to call him.
Copy !req
712. Let him try to sleep thinking
his client is facing
Copy !req
713. a lethal injection.
Copy !req
714. The sun coming up
changes things? How?
Copy !req
715. I thought we threatened
capital punishment
Copy !req
716. just to get
some leverage of our own.
Copy !req
717. We did.
Copy !req
718. Although, thanks
to Serena, we
didn't need it.
Copy !req
719. You should know, Arthur
Copy !req
720. I don't like being sandbagged
by anyone.
Copy !req
721. Well, that's good.
Copy !req
722. For a minute,
I thought I was going
Copy !req
723. to get an earful of morality.
Copy !req
724. Two of our defendants
Copy !req
725. are being accused
of their first felony.
Copy !req
726. For all we know,
they didn't even realize
Copy !req
727. Otum had a weapon.
Copy !req
728. Your point being?
Copy !req
729. Putting somebody to death
for stealing a television
Copy !req
730. is reprehensible.
Copy !req
731. Ah.
Copy !req
732. Vox clamatis
from the moral left.
Copy !req
733. With all due respect,
I'm talking
Copy !req
734. about constitutionality,
or, rather, the lack of it.
Copy !req
735. A death sentence
for Carton or Johnson
Copy !req
736. would be cruel
and unusual punishment.
Copy !req
737. We threaten
the death penalty
Copy !req
738. every day to get one defendant
to roll over on another.
Copy !req
739. Now, those threats
become meaningless
Copy !req
740. if we never actually use it.
Copy !req
741. Maybe the Governor of Illinois
was right
Copy !req
742. imposing a moratorium
on capital punishment.
Copy !req
743. People do make mistakes.
Copy !req
744. Only, it seems to me,
we've got enough evidence
Copy !req
745. for two cases on this one.
Copy !req
746. The only thing we don't have
is a busload of nuns
Copy !req
747. as eyewitnesses.
Copy !req
748. I mean, am I wrong?
Copy !req
749. Do we know
Copy !req
750. these punks are guilty
or don't we?
Copy !req
751. They're guilty
Copy !req
752. but, Arthur, are you sure
Copy !req
753. this is the best case
for you to prove a point?
Copy !req
754. You don't like to be sandbagged.
Copy !req
755. I don't like the race card
thrown in my face.
Copy !req
756. Hey.
Well, you've
got to admit
Copy !req
757. you're not the typical
New York City District Attorney.
Copy !req
758. 20 years here
and still the carpetbagger.
Copy !req
759. My point is
Copy !req
760. this decision may
not sit that well
Copy !req
761. with a large portion
of the state.
Copy !req
762. You worry
about the law
Copy !req
763. I'll worry about the politics.
Copy !req
764. Is there anything else?
Copy !req
765. It's political suicide,
but it is his choice.
Copy !req
766. So we just go
Copy !req
767. on our trigger-happy way
until the next election?
Copy !req
768. The man is a District Attorney,
not Attila the Hun.
Copy !req
769. Every case will be judged
on its own merits.
Copy !req
770. And this case?
Copy !req
771. How often
Copy !req
772. do we have the defendants
on video, Serena?
Copy !req
773. Or find a crime scene
covered in fingerprints?
Copy !req
774. Or the stolen goods
in the defendant's apartment?
Copy !req
775. How often is someone killed
for a television set?
Copy !req
776. To me that pretty much
defines "heinous."
Copy !req
777. And if Maynard was right
Copy !req
778. and Lucy Dolan was really
a drug addict?
Copy !req
779. Maynard can't put any
of our hypothetical clients
on the stand
Copy !req
780. and there's no way he lets
any of his defendants testify.
Copy !req
781. All in all, I don't think
we have to worry about that.
Copy !req
782. Ms. Dolan's apartment
Copy !req
783. was dusted for fingerprints
by the Crime Scene Unit.
Copy !req
784. The result?
Copy !req
785. Uh, Mr. Carton and Mr. Johnson's
prints were found
Copy !req
786. on the coffee table here
Copy !req
787. Mr. Otum's palm print
on a surface
Copy !req
788. behind the
entertainment center.
Copy !req
789. Could you demonstrate
Copy !req
790. how a palm print could come
to be in that location?
Copy !req
791. Uh, well, if you were
removing a unit, uh, say here...
Copy !req
792. That would be
Copy !req
793. the plasma TV already marked
as People's Three?
Copy !req
794. That's
correct, yeah.
Copy !req
795. Uh, anyway
Copy !req
796. uh, from the center, uh,
you have to lean here
Copy !req
797. uh, to detach the cables,
and so on.
Copy !req
798. Yes.
Copy !req
799. Thank you.
Copy !req
800. All of this
Copy !req
801. to prove that the defendants
were actually
Copy !req
802. in Ms. Dolan's apartment?
Copy !req
803. Hell, we would have
stipulated to that fact.
Copy !req
804. Mr. Beck, does any of this prove
Copy !req
805. that the television set
was stolen?
Copy !req
806. It was taken off the wall.
Copy !req
807. That wasn't my question.
Copy !req
808. No.
Copy !req
809. That's all.
Copy !req
810. Anything else?
Copy !req
811. Nothing, Judge.
Copy !req
812. Nothing on behalf
of Mr. Carton, Your Honor.
Copy !req
813. My daughter
Copy !req
814. never game me a moment's grief
Copy !req
815. and she never harmed anyone
in her life.
Copy !req
816. She was a kind, decent person.
Copy !req
817. She didn't deserve
to die like that.
Copy !req
818. Nobody does.
Copy !req
819. Objection.
Copy !req
820. Sustained.
Copy !req
821. This is a courtroom, Mr. McCoy
Copy !req
822. not an op-ed column.
Copy !req
823. Mrs. Dolan, how often
did you speak with Lucy?
Copy !req
824. Oh, several times a week.
Copy !req
825. Did she ever mention
Copy !req
826. a friend named Danny Otum?
Copy !req
827. No.
Copy !req
828. Matt Carton?
Copy !req
829. No.
Copy !req
830. Harry Johnson?
No.
Copy !req
831. So, as far as you know,
these men I just mentioned
Copy !req
832. had no legitimate reason
to be in her apartment?
Copy !req
833. None that I know of.
Copy !req
834. Thank you.
Copy !req
835. Your daughter was hardworking.
Copy !req
836. She tried, sir.
Copy !req
837. Very hard, yes.
Copy !req
838. But honestly, ma'am
Copy !req
839. she wasn't successful
as an actress
Copy !req
840. or singer or comedian.
Copy !req
841. It takes time.
Copy !req
842. Yes, it does.
Copy !req
843. But did you know
that at the time
Copy !req
844. of your daughter's death
Copy !req
845. she owned approximately
$50,000 worth
Copy !req
846. of stereo
equipment?
Copy !req
847. Yes. The police
told me.
Copy !req
848. And did they tell
you that she also
Copy !req
849. owned a late-model BMW worth
in the neighborhood of $60,000?
Copy !req
850. Do you know what it's like...
Copy !req
851. to inherit from your daughter?
Copy !req
852. I truly have sympathy
for you, Mrs. Dolan
Copy !req
853. but could you please
answer my question?
Copy !req
854. Yes.
Copy !req
855. The police told me
about the car.
Copy !req
856. In her tax returns filed
for the last three years
Copy !req
857. she shows no
significant income.
Copy !req
858. She had no credit card,
no bank account.
Copy !req
859. Do you have any idea
how she bought those items?
Copy !req
860. No.
Copy !req
861. People... loved her.
Copy !req
862. Maybe someone...
Copy !req
863. Or maybe she was selling drugs.
Copy !req
864. Objection. No foundation.
Copy !req
865. Withdrawn.
Copy !req
866. Your Honor...
Copy !req
867. Jury will disregard.
Copy !req
868. Thank you for your honesty,
Mrs. Dolan.
Copy !req
869. I appreciate
how difficult this has been.
Copy !req
870. Counselors?
Copy !req
871. No questions for this witness.
Copy !req
872. Uh, not me,
Your Honor.
Copy !req
873. Specifically
Copy !req
874. my field is forensic accounting.
Copy !req
875. I determine the worth
of businesses
Copy !req
876. usually for purposes
of litigation
Copy !req
877. or matrimonial matters.
Copy !req
878. At my request,
Mr. Vavoulis
Copy !req
879. did you evaluate the worth
of Lucy Dolan's enterprise?
Copy !req
880. Again, no foundation.
Copy !req
881. Actually,
I can help
Copy !req
882. with that.
Copy !req
883. Let's hear what you got.
Copy !req
884. This chart helps establish
Copy !req
885. what we call a PBA—
a pattern of business activity.
Copy !req
886. The enormous volume
of phone calls over the past
Copy !req
887. five months is a clear
indication of business activity.
Copy !req
888. And the underlying data
was derived
Copy !req
889. from Lucy Dolan's home phone?
Copy !req
890. No. It's a
cellular phone
Copy !req
891. but the same
principles apply.
Copy !req
892. Go on.
Copy !req
893. When this phone activity
is viewed
Copy !req
894. in light of Ms. Dolan's
net worth
Copy !req
895. as determined by
her tangible assets
Copy !req
896. such as automobiles
Copy !req
897. home furnishings,
personal property
Copy !req
898. I see not just
Copy !req
899. a going concern,
but a thriving one.
Copy !req
900. And could you determine
Copy !req
901. what kind
of business
Copy !req
902. Ms. Dolan was
involved in?
Copy !req
903. No, but if
I had to guess
Copy !req
904. based on the
voluminous
cell phone use
Copy !req
905. and the hours of
the incoming calls
Copy !req
906. I'd say it was something
perhaps not legal.
Copy !req
907. Drugs?
Perhaps.
Copy !req
908. And have you ever analyzed
a narcotics business
before, Mr. Vavoulis?
Copy !req
909. Yes, I've been hired
Copy !req
910. by the FBI on several occasions
Copy !req
911. and this fits the profile.
Copy !req
912. Could this pattern also apply
to some other home business
Copy !req
913. such as, say,
selling Tupperware?
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914. Yes.
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915. Thank you.
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916. Come on. I'll
buy you a drink.
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917. Sure, why not start
the celebration early?
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918. Why not relax
after a long day in court?
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919. Fine.
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920. You know,
every Christmas
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921. my father used
to drag us
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922. to St. Bartholomew's
for Midnight Mass.
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923. It was literally filled
to the brim.
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924. There's a lot of guilt
that time of year.
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925. But the thing that
I remember most
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926. was the walk home
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927. after the service.
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928. Rain or snow, it didn't matter
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929. we still walked,
and all the way home
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930. the only thing I could think
about was, what's wrong with me?
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931. Why aren'tllike all
of those people
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932. who actually believe the words
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933. that they're
singing?
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934. Maybe it was the eggnog
your Uncle Harry slipped you.
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935. I'm being
serious, Jack.
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936. My point is, right now
I'm more convinced than ever
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937. that this job would
be a lot easier
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938. if I was one of those people
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939. from St. Bart's.
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940. At least then
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941. making a decision
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942. about taking a man's life
wouldn't be so excruciating.
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943. Because there'd be a rule
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944. that the death penalty
isalwayswrong.
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945. A lot of people believe that.
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946. Leaving only us heathens
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947. to struggle
through the muck and mire
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948. of a world
that's doused in gray.
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949. What if we're wrong?
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950. Do Matt Carton
and Harry Johnson deserve to die
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951. just because
we can squeeze what they did
Copy !req
952. into some statute?
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953. Yeah, mistakes.
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954. I try not to make them.
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955. But like they say at St. Bart's,
we're all sinners
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956. so we all make mistakes.
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957. That's why they have a judge
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958. and a defense attorney.
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959. It ain't pretty...
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960. but I can live with it.
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961. That's a cop-out.
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962. Three black men caught on tape
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963. loading a plasma screen TV
into an SUV.
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964. They must be killers.
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965. Three black men
in the victim's apartment.
Copy !req
966. They must have been there
to kill her.
Copy !req
967. That's the People's case.
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968. They don't have a murder weapon.
Copy !req
969. They say they have a motive,
but do they?
Copy !req
970. A room full
of expensive equipment
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971. and all that was taken
was a television set.
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972. The People's case is laughable.
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973. They want you to ignore the fact
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974. that Lucy Dolan herself may have
been dealing drugs.
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975. They want you to forget the fact
that no motive and no weapon
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976. should always leave us
with no conviction.
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977. The defense
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978. admits the defendants were
at the scene of the crime.
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979. They had to.
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980. We had their fingerprints
all over Lucy Dolan's walls.
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981. The defense admits
that the defendants carried
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982. Miss Dolan's television
from her apartment
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983. at or near the time
of her murder.
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984. They had to.
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985. We had them on video.
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986. They can slander the victim
as much as they like
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987. with charts and graphs
and assumptions.
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988. But where I come from
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989. one plus one
does not equal three.
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990. Thank you
for coming.
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991. Why wouldn't we?
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992. The fact
that you asked us here
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993. leads me to believe
you're not all that confident.
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994. Quite the opposite, Mr. Hanft.
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995. We're very confident.
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996. We're trying
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997. to keep your clients alive.
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998. The fact is
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999. Danny Otum's ship
is sinking.
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1000. Considering the time
and the place in history
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1001. if your clients stay on board
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1002. they're looking
at a lethal injection.
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1003. It's not worth rolling the dice.
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1004. We're just following
our clients' directions.
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1005. And what law schools
did they go to?
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1006. The ones that
tell them
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1007. innocent people
don't get convicted.
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1008. You actually believe them?
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1009. No.
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1010. But it's not my decision
to make.
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1011. That's right.
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1012. Mr. Maynard is running the show.
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1013. We're done.
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1014. Has the jury reached a verdict?
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1015. We have,
Your Honor.
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1016. As to defendant
Harry Johnson
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1017. we find him guilty of Murder
in the First Degree.
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1018. As to defendant
Matthew Carton
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1019. guilty of Murder
in the First Degree.
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1020. As to defendant
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1021. Daniel Otum, guilty of Murder
in the First Degree.
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1022. So say you all?
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1023. Yes, Judge.
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1024. The jury is
temporarily excused.
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1025. The sentencing phase
of the proceedings
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1026. to commence a
week from today.
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1027. Matthew!
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1028. Congratulations.
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1029. You're the one who said
that this case was a slam dunk.
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1030. Why are you working overtime
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1031. on sentencing?
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1032. What did that forensic
accountant say
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1033. about Dolan's incoming
phone activity?
Copy !req
1034. That it was an enormous volume.
Why?
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1035. Common sense says
it should have stayed
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1036. roughly the same at first
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1037. tapering off as word got out
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1038. that Lucy was no longer
in business.
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1039. But look at this here
Copy !req
1040. in her phone records.
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1041. Whoever this is...
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1042. called once every couple
of days for months.
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1043. But he never once called
after she was murdered.
Copy !req
1044. He knew she was dead.
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1045. Call Van Buren.
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1046. It's open, Frankie.
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1047. Ernest Borges?
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1048. I don't like surprises.
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1049. Boy, you're going
to hate this one.
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1050. Get up.
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1051. Ernest Borges,
you're under arrest
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1052. for, among other things,
the murder of Lucy Dolan.
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1053. You have the right
to remain silent.
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1054. Anything you say can
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1055. and will be held against you
in a court of law.
Copy !req
1056. Ballistics came back on the gun
from Borges' apartment.
Copy !req
1057. It's the murder weapon.
Copy !req
1058. His lawyer's already
itching for a sit-down.
Copy !req
1059. And we can't find
a connection
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1060. between Borges and Otum,
Carton or Johnson.
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1061. You filed the appropriate papers
for their release?
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1062. In the works.
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1063. Maynard was so busy
slandering Lucy Dolan
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1064. he forgot to do
his homework.
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1065. Truth is, I always thought
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1066. either Carton or Johnson
would roll on Otum.
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1067. Are you saying that all of this
was part of Trial Tricks 102?
Copy !req
1068. That or a big juicy mea culpa.
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1069. All three of them
should put Serena
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1070. on their Christmas card lists.
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1071. I just wish that there was a way
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1072. to prevent all of this
from happening again.
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1073. There is.
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1074. Move to Illinois.
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1075. I think he's pulling
your leg, Serena.
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1076. You know, this whole affair
makes you think twice.
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1077. About the death penalty?
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1078. About where to buy you a steak.
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1079. Come on. We'll split a cab.
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1080. No.
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1081. I'll walk.
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1082. Captioning sponsored by
UNIVERSAL NETWORK TELEVISION
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