1. by two separate
yet equally important groups:
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2. The police,
who investigate crime
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3. and the district attorneys
who prosecute the offenders.
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4. These are their stories.
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5. I'm gonna take
all these teddy bears, man.
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6. You're gonna need a lot more.
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7. Let's see.
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8. Uno mas, man, uno mas.
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9. Come on, man.
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10. How many teddy bears
you need, huh?
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11. Come on, payaso.
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12. Hey, let me tell you something.
You play your little games.
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13. I want my paper.
You give me my money, hear?
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14. Yo, Hector, chill out, man.
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15. Don't worry.
You're gonna get paid.
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16. Don't worry about it.
I don't want
to chill.
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17. I want my money.
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18. Ahh!
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19. Payaso, this is fixed, man.
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20. I was your age, I thought about
two things all the time.
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21. Women and...?
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22. Money.
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23. Now what do you
think about?
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24. Money...
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25. and women.
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26. I don't quit now,
I'm working for half pay.
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27. How do you figure?
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28. I got 20 years in.
I retire, I get
half my paycheck.
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29. I work— all I'm working
for is the other half.
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30. Retire to Hawaii.
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31. With my pension,
I live like a king.
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32. You'll still
be a fat cop.
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33. Whoa!
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34. Come on, people, move!
Move!
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35. What's going on, man?
I don't know.
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36. Okay! Who saw the shooting?
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37. You?
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38. Nada.
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39. Yo, no he visto nada.
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40. Anybody seen
who shot this guy?
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41. Yo no lo vi.
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42. Captioning sponsored by
NBC/UNIVERSAL
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43. You happened to be in front,
but didn't see a thing?
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44. It was bang,
bang, bang.
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45. By the time
I got there
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46. it was just him
on the ground.
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47. It's very dark.
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48. It's very dark
out here.
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49. Excuse me.
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50. Let's go play.
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51. We're batting a thousand.
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52. All our witnesses
are deaf, dumb and blind.
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53. What did I tell you?
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54. The guy didn't really
get shot.
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55. Upstairs?
They take a look?
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56. Here? A.38 going off is
background music for dinner.
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57. An imaginary killing,
but a real body.
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58. No I.D. except this.
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59. Hell, he's a dealer.
No wonder no one's talking.
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60. Damn it.
Where did that come from?
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61. Was it in his hand
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62. or in the waistband?
I didn't see.
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63. Terrific.
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64. Not fired.
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65. What do you call that?
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66. A lesson.
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67. Pay for your drugs,
or we'll kill you.
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68. Ah, this is personal.
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69. And this is trouble in court.
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70. The waist, the hand—
what's the difference?
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71. He's shot in the back
and in the crotch.
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72. Chicken or egg—
which came first?
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73. That's important?
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74. Just wait.
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75. Your victim? Lovely guy.
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76. Urbano, Jose.
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77. Robbery, rape at 15,
year in Spofford.
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78. Assaults,
two narcotics felonies,
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79. three stops at Attica.
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80. What? No homicides?
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81. Get this—
no witnesses.
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82. 40-odd interviews. Nada.
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83. Nothing?
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84. They don't want an arrest.
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85. The carny operator, he says
a guy gave Urbano money.
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86. About six feet tall
with a moustache.
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87. He ought to come walking in
any minute.
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88. You sure this isn't about drugs?
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89. Doesn't play that way.
Not four in the crotch.
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90. That's sexual.
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91. Okay, I give up.
Why?
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92. Urbano had six months
more parole.
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93. Find out
who his business was.
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94. You know,
like an investigation.
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95. The slugs are from a Glock.
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96. Awfully expensive automatic
for the barrio.
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97. This one...
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98. real crisp rifling
on all the slugs.
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99. Must be almost brand new.
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100. Run a check, anyhow, huh?
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101. find a match.
See if you can
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102. May he rest in peace,
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103. but on the scale
of living things
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104. our friend Jose
is just a couple of steps up
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105. from the snail.
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106. What's wrong with me?
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107. All I see is
the dark side of people.
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108. Was Urbano
still dealing?
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109. The charming Jose.
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110. New story every week.
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111. This job, that job.
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112. Somehow, they never worked out.
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113. He swore he was going straight.
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114. You believe him?
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115. Oh, absolutely.
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116. All my cons have been
rehabilitated by the system.
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117. You got an address?
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118. Had a sister with a kid.
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119. Lived with her sometimes.
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120. Gave her money.
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121. He wasn't all bad.
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122. First time Jose went to Attica,
I visited him.
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123. Have you ever been there?
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124. Doesn't look as bad
as on TV.
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125. $100 a week he gave me.
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126. For her.
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127. Night he died,
he won her a teddy bear.
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128. Where did he get the money?
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129. You were with Jose
Saturday night
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130. when he won the teddy bear?
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131. Anita...
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132. he was so good to you,
you don't care who whacked him?
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133. Look, Jose was
with Hector Cartagena.
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134. Hector and Jose had been
together in Attica.
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135. They argued.
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136. I came home.
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137. Argued? About what?
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138. A deal.
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139. Hector said Jose shorted him.
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140. And Hector said Jose
was no good to his friends.
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141. He was mad.
He wanted to kill him.
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142. Business.
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143. Cartagena's got narcotics,
arson, larceny
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144. armed robbery,
aggravated assault.
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145. Hey, listen,
thanks a lot, okay?
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146. Paroled from Attica
two months ago.
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147. Lives on 108th Street.
Let's go get a warrant.
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148. I don't want to see
this guy without back-up.
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149. Backup? I don't want to see him
without nuclear weapons.
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150. This isn't going
to give easy.
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151. Yeah. Who is it?
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152. Con Ed—
gas leak.
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153. Police!
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154. Get over there!
Get your hands up.
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155. I'm cool. All right.
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156. You're under arrest
for the murder of Jose Urbano.
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157. I don't kill nobody.
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158. You have the right
to remain silent and refuse
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159. to answer any questions.
Do you understand that?
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160. Anita says you wanted
to kill Jose.
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161. You believe that...?
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162. Look, use your head.
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163. Why would I do it, huh?
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164. I kill him,
I don't get the paper he owe me.
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165. All right? Mucho dinero, okay?
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166. You visit anyone
besides Jose last night?
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167. That's right, Hector.
Come up with an alibi.
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168. That's what
you're supposed to do now.
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169. I went home.
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170. Solo.
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171. You understand?
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172. Yeah. Did you lose the Glock
on the way?
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173. Look, no my style, okay?
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174. Never like automatic weapons.
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175. Can openers.
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176. Jamming on you all the time,
you know?
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177. You better hope we don't find
that can opener on the street.
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178. Oh, yeah?
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179. And what you going to do?
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180. You and your compadre, huh,
yougoing to prove it's mine?
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181. Come on.
You're wasting my time.
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182. Can I go now, all right?
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183. You can go home, sure.
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184. Right back to Attica.
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185. Attica, my ass, man.
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186. Your ass is grass, hombre.
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187. You're
on parole.
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188. You can't hang
with felons.
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189. Even dead ones.
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190. Yeah, right.
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191. Get this—
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192. good old Hector swears
we didn't Mirandize him.
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193. Not so dumb, this Hector, huh?
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194. Smart enough to know we
couldn't tie him to the
gun, but stupid enough
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195. to say he was gonna waste Jose
in front of Jose's sister?
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196. He crawled out of the same sewer
as the late Jose.
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197. No way the neighborhood's going
to protect him.
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198. He didn't do it.
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199. No.
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200. You got the file?
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201. The carny operator—
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202. what's his name, Harmon?
The one that described Hector...
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203. Let's walk him
down memory lane again.
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204. What do you want from me, huh?
I'm watching the till.
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205. The drug dealer's done shooting,
I'm on to the next.
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206. Oh! How do you know
he's a drug dealer?
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207. 2,000 bucks in clothes
on his back,
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208. a couple gold rings.
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209. You really care
who killed this guy?
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210. I mean, come on, he's scum.
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211. Wait a minute. You think he's
scum, I think he's scum
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212. but he had a sister
who needed him
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213. and a six-year-old niece who
thinks he's Mister Rogers.
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214. This probably has nothing
to do with it,
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215. but the kid from the church,
the girl...
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216. Which girl is this?
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217. The one I paid my fee to.
Pretty kid— Alicia.
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218. She comes by, checks,
makes sure everything's okay
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219. then she's talking
to the drug dealer.
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220. What's his name— Jose?
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221. About what?
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222. You think
I listened?
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223. She was hanging on the guy
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224. like she was trying
to pick him up.
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225. says you talked to Urbanor
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226. at the fair.
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227. At a fair, I talk to a lot of
people.
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228. Way we heard it is you dragged
him off into the crowd
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229. and he never came back.
You know, just like
a Roach Motel—
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230. he checked in,
but he didn't check out.
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231. And it's a good thing.
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232. Cockroaches should be dead.
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233. Innocent people get hurt,
you don't come up here so quick.
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234. Innocent people?
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235. What was Urbano guilty of?
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236. Look, enough.
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237. I've heard of Urbano.
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238. Drug dealer.
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239. They kill each other, fine.
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240. We're better off.
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241. Strange thing
for a priest to say.
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242. Strange times to be a priest.
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243. Send in a couple of
Puerto Rican cops.
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244. Maybe they can open this up.
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245. You been reading a different
duty roster, Max?
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246. I got Puerto Rican detectives
I haven't noticed?
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247. The priest—
he knows where Alicia was.
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248. Rivers, Alicia.
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249. One misdemeanor—
smoking weed.
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250. You know, when I was a kid
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251. I put a baseball
through a windshield.
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252. I was shakingbefore
they started asking
me questions.
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253. This chick, she did Urbano?
I'd like to know what she
takes for her nerves.
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254. A kid with no record.
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255. She didn't get a ..9mm and shoot
a drug dealer, that's for sure.
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256. Cragen.
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257. Uh-huh.
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258. Thank you.
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259. Hurley in Ballistics.
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260. Your Glock?
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261. Not used in any other shooting.
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262. Hey, I went back a year.
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263. You want to go back two, three,
all right?
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264. I'd love the overtime,
but who's going to pay?
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265. Listen, go back two years
and while you're at it,
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266. see if you can access
the license division files
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267. on your computer.
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268. Why?
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269. Why?
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270. Because let's see if anybody
connected to this thing
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271. has a gun license, okay?
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272. Right, then we'll check
lottery winners.
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273. Well, I'm just
a cockeyed optimist.
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274. Max?
Hmm?
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275. Torres, the priest—
what's his first name?
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276. A priest?
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277. Uh-huh.
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278. Roberto.
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279. Nope.
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280. Put up Rivers.
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281. See if you got one within 20
blocks of East 113th Street.
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282. Rivers, Anna.
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283. 55 years old.
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284. 642 East
117th Street.
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285. Registered owner of a.9mm Glock
semi-automatic.
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286. Yes!
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287. My gun?
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288. They stole it.
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289. Is that right?
When?
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290. Couple of weeks ago.
They broke in.
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291. Law says, if a gun is stolen,
you have to report it.
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292. Did you?
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293. Why bother?
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294. Would you have investigated
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295. or written a piece
of paper on it?
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296. Look, the gun was licensed,
and it was stolen.
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297. You want me to prove it wasn't?
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298. She goes to all the trouble
of getting a license
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299. but when her gun's stolen,
she doesn't replace it.
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300. I don't understand it.
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301. Next time she goes
to the bank deposit
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302. what's she going to do?
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303. Look, somebody killed a man
with a.9mm Glock
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304. just like yours.
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305. We find out it was
the same gun
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306. we're gonna wonder
why you didn't
report a burglary.
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307. Your granddaughter, Alicia—
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308. was she here the night
of the burglary?
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309. The night your gun got stolen?
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310. No, she wasn't.
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311. Hey, hey, folks.
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312. Folks, you know
the Rivers family?
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313. Nope.
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314. Seen Alicia
tonight?
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315. Now you come?
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316. Three days later
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317. you want to know
where she is?
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318. She's at Central
Harlem Hospital.
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319. What?
Alicia's hurt?
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320. No, not Alicia,
her sister.
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321. What are you guys
doing here?
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322. Hey, we're looking
for Alicia.
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323. Lucy got beat up,
not Alicia.
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324. Six gunshots, four stabbings,
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325. baby who almost starved
to death— slow night.
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326. You got a patient
named Rivers?
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327. Lucy Rivers?
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328. What the hell's the matter with
you cops?
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329. Just 'cause she couldn't talk
the first night
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330. you never come back?
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331. Somebody turned that girl
into mashed potatoes.
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332. Was she raped?
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333. She said she was mugged.
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334. Family honor.
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335. You didn't administer
a rape kit?
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336. I told you,
she said she wasn't raped.
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337. I told the grandmother,
the boyfriend.
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338. I told the damn priest.
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339. The girl's gonna need help
to get over this.
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340. They say patch her up
and get her home.
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341. The priest who was with her—
his name Torres?
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342. Is this nursery school?
I took roll call?
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343. 612. The boyfriend's there.
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344. You fight with him.
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345. Lucy can't remember anything.
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346. That's why we told the cops
not to come back.
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347. We're sorry
about your girlfriend,
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348. but we have to talk
to her sister, Alicia.
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349. Alicia? Why?
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350. She around, Nicky?
Yeah, she's, um...
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351. She's downstairs.
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352. She's coming back.
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353. You go to the church fair
on Saturday night?
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354. No, no.
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355. I was here all night with Lucy.
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356. You're a little late
to help my sister.
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357. You didn't mention that
she was hurt.
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358. You were worried
about a drug dealer.
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359. the nurses if you
So, Nicky, we ask
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360. were around Saturday night,
they're gonna say yes, right?
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361. He came to the fair
for an hour.
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362. No, I was going to go.
I stayed here.
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363. You never heard
of Jose Urbano, right?
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364. Somebody shot him—
that's all I've heard.
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365. All I've heard
is that you have been
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366. in two places at the same time
Saturday night.
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367. Come on, Nicky.
Let's sit with Lucy.
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368. your beeper.
Dr. Wise, please check
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369. Dr. Wise, please check
your beeper.
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370. You know what
we have here?
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371. Exactly what we had
two weeks ago— squat.
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372. It's like
the Bible.
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373. Oh?
The Gospels.
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374. Four guys that are all
telling the same story,
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375. except each one
of them's different.
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376. Nicky was at the church;
no, he was at the hospital.
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377. The gun was stolen;
no, it wasn't.
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378. The sister was raped;
no, she was just beat up.
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379. Alicia lured Urbano away;
Alicia didn't kill Urbano.
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380. The only thing that makes sense
is that Urbano raped Lucy
Copy !req
381. and Guzman shot him—
pure revenge.
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382. Guzman, Nicky.
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383. Couple of juveniles,
shoplifting.
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384. No guns, no felonies.
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385. Even if the kid did it, we got
a hole here the size of Tulsa.
Copy !req
386. Like why did Urbano rape
Nicky's girlfriend?
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387. What, a guy like Urbano needs a
motive for rape?
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388. What about the vic?
You talk to her yet?
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389. Hard to get her alone.
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390. Go after visiting hours.
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391. Can you tell us what happened?
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392. A man...
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393. he took my purse.
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394. I didn't see him.
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395. Where did this happen, Lucy?
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396. 109th Street and Lexington.
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397. That's a bright corner.
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398. You didn't get a look
at his face?
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399. No.
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400. Lucy,
do you know
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401. who Jose Urbano was?
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402. He's from around
the neighborhood, I guess.
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403. Was it Jose Urbano
who attacked you?
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404. No.
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405. When Mr. Urbano
takes a purse
Copy !req
406. he does a lot
of damage.
Copy !req
407. You find anybody
who heard what was going on?
Copy !req
408. Mm-hmm. Julie Reyes.
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409. She was born here,
but she knows the language.
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410. Julia, honey, in case you don't
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411. recognize
these suits, these men are cops.
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412. Sergeant Greevey,
Detective Logan.
Copy !req
413. You were on duty
when Lucy Rivers
was brought in?
Copy !req
414. That night, the next day.
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415. What was all
the yelling about?
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416. I didn't hear all of it.
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417. The sister and the boyfriend—
they were so upset.
Copy !req
418. The boyfriend kept yelling,
"How could he do it?"
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419. What about the priest, Torres?
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420. You know him?
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421. Yeah, well, we, uh...
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422. we pray at his church sometimes.
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423. Down at the soda machine
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424. he took the boyfriend aside.
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425. He was yelling at him,
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426. saying God would not
forgive them.
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427. This isn't Nazi Germany.
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428. You can't act
like storm troopers
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429. terrorizing my parishioners,
accusing them of crimes!
Copy !req
430. You're not playing it
straight with us, Father.
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431. A nurse overheard your
conversation with Nicky.
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432. Knowing the streets
the way you do,
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433. Father, you probably know the
law, right?
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434. Cover up a crime?
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435. That's a crime, too.
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436. Oh, you care so much about
crime? They left a body
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437. in my church last year,
dead on the altar!
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438. They do that in your church?
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439. In my church
two kids don't plan a murder
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440. in front of their priest.
Copy !req
441. The law considers that
accessory and conspiracy.
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442. You have something to tell us?
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443. They say
confession's good
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444. for the soul.
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445. Look, why don't you just forget
about this?
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446. How many murders do you have
never get solved?
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447. Why don't you just let this be
one of them?
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448. I'm waiting for offers.
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449. Two weeks, all expenses paid
in downtown Altoona.
Copy !req
450. What do you got?
The Glock? Mrs. Rivers?
Copy !req
451. 18 months ago,
in a fight in her club
Copy !req
452. she winged a guy.
Copy !req
453. And it matches
the slugs in Urbano.
Copy !req
454. Ha!
Copy !req
455. A lot of maybes.
Copy !req
456. You got motive,
the gun, the priest
Copy !req
457. the girl leading Urbano
out of the church.
Copy !req
458. What did
Torres say?
Copy !req
459. Loosely translated? Go to hell.
Copy !req
460. Tough to sell.
Copy !req
461. You don't arrest somebody
now then kiss it good-bye.
Copy !req
462. The memory lapses
these guys are getting,
Copy !req
463. two weeks— nobody's gonna
remember Urbano's name.
Copy !req
464. And the Guzman kid?
Copy !req
465. He's got my vote,
but enough for an arrest? No.
Copy !req
466. The girl's an adult.
Copy !req
467. Get her a legal aid lawyer.
Copy !req
468. Scare the hell out of her.
She'll roll.
Copy !req
469. Pick her up.
Copy !req
470. Are you here
to apologize
this time?
Copy !req
471. Alicia Rivers,
you're under arrest
Copy !req
472. for the murder
of Jose Urbano.
What?
Copy !req
473. You have the right
to remain silent and refuse
Copy !req
474. to answer questions...
This is ridiculous.
This is wrong!
Copy !req
475. Anything you do say
may be used against you
in a court of law.
Copy !req
476. Do you understand?
You're entitled
to an attorney...
Copy !req
477. The charges are murder
in the second degree
Copy !req
478. and conspiracy
in the first degree.
Copy !req
479. Are the defendants ready
to enter a plea?
Copy !req
480. Not guilty.
Copy !req
481. Your Honor, the district
attorney has outdone himself.
Copy !req
482. We respectfully submit
Copy !req
483. that the charges
are so inflated...
Copy !req
484. I get the message, Ms. Greene.
Copy !req
485. Do you want
to address the bail issues?
Copy !req
486. They're simple.
Copy !req
487. No record, no resources,
no risk of flight.
Copy !req
488. Ms. Green. Thank you.
We don't get much alliteration,
Copy !req
489. Mr. Robinette?
Copy !req
490. Your Honor, the murder charged
here is particularly vicious.
Copy !req
491. In addition, the defendant
has relatives
Copy !req
492. in the Commonwealth of
Puerto Rico.
Copy !req
493. And the risk of flight
is not negligible.
Copy !req
494. The people request
substantial bail.
Copy !req
495. Your Honor, you know
what bail means.
Copy !req
496. It means Alicia Rivers stays in
jail because she is poor.
Copy !req
497. If you don't see...
Copy !req
498. Please, Ms. Green,
Copy !req
499. Society dinner speech.
I have heard your Legal Aid
Copy !req
500. I'm sympathetic.
Copy !req
501. in a homicide? I'm sorry.
But one's own recognizance
Copy !req
502. Bail is set for the defendant
at $100,000.
Copy !req
503. A three-legged table
would stand up better
in court than your case.
Copy !req
504. Not to mention the fact that if
she lived on Park Avenue
Copy !req
505. you wouldn't
have filed.
Copy !req
506. Wait a minute.
What do minorities
complain about?
Copy !req
507. They kill whites,
they get prosecuted.
Copy !req
508. They kill each other,
the system doesn't care.
Copy !req
509. I never realized
Copy !req
510. that passions
about minorities
Copy !req
511. ran so high
in this office.
Copy !req
512. Next time you
care so much
Copy !req
513. pick a case you can win.
Copy !req
514. We always care when we have
a criminal conspiracy.
Copy !req
515. Who said that
when the links rattle
Copy !req
516. they're probably in a chain?
Copy !req
517. Ah! The light dawns.
Copy !req
518. You're after the boy.
Copy !req
519. You're looking for a deal.
Copy !req
520. You put a young girl
Copy !req
521. through the indignity of
jail for no other reason
Copy !req
522. but to force her to talk?
Copy !req
523. If she's protecting
somebody, it is not in
her interest to refuse.
Copy !req
524. How could I refuse
when you didn't offer?
Copy !req
525. But don't bother.
Copy !req
526. The way I read the penal law
Copy !req
527. conspiracy means
Copy !req
528. people have to agree
to commit a crime.
Copy !req
529. You can't prove
Copy !req
530. that Nicky and Alicia
agreed on the time of day.
Copy !req
531. This case is about revenge.
and the last time I looked,
Copy !req
532. that is not
a valid criminal defense.
Copy !req
533. We have evidence that will prove
Copy !req
534. that your client conspired
to commit murder.
Copy !req
535. Really?
Copy !req
536. You have so much evidence,
you're accusing her
Copy !req
537. of conspiring with someone
who isn't even charged.
Copy !req
538. Want some advice
on this one gentlemen?
Copy !req
539. Cut your losses.
Copy !req
540. You're going to end up
feasting on crow.
Copy !req
541. Ms. Green has a point.
Copy !req
542. No, Alicia walked him out.
Copy !req
543. The grandmother's gun
killed Urbano.
Copy !req
544. If I had to win on conspiracy,
I would
Copy !req
545. but I want the Guzman kid for
murder.
Copy !req
546. You moved on the girl too soon.
Copy !req
547. Would you like to ramrod
this case?
Copy !req
548. Your ability to forget
people's skin color
Copy !req
549. is admirable.
Copy !req
550. Unfortunately, if we lose,
white people think
Copy !req
551. that Puerto Ricans
get away with murder
Copy !req
552. and if you don't
get the Guzman boy
Copy !req
553. it looks like
selective prosecution.
Copy !req
554. And if we drop it
Copy !req
555. we have a clear-cut case
of revenge
Copy !req
556. and there's
daily obstruction.
Copy !req
557. The girl raped,
her sister on trial.
Copy !req
558. Shambala Green with a jury.
Copy !req
559. She'll milk them
till they moo.
Copy !req
560. You see a winner?
Copy !req
561. The girl's tied to the victim
and the gun.
Copy !req
562. If Judge Markham
doesn't dismiss.
Copy !req
563. The whole thing
is circumstantial.
Copy !req
564. The girl works for a priest,
no less.
Copy !req
565. To a jury, she's practically
got a halo.
Copy !req
566. Do you have any helpful
suggestions?
Copy !req
567. Get the priest to talk.
Copy !req
568. And try the grandmother, too.
Copy !req
569. Thank you.
Copy !req
570. Cops— a lot
of good they do us
Copy !req
571. in this neighborhood.
Copy !req
572. Is that why
you didn't call them
Copy !req
573. when your gun
was stolen?
Copy !req
574. Your gun, your granddaughter,
and no report of a break-in.
Copy !req
575. Ms. Rivers,
Copy !req
576. do you know what
women's prisons are like?
Copy !req
577. It's not
going to happen.
Copy !req
578. Everybody says so.
Copy !req
579. Everybody?
Copy !req
580. You mean Father Torres?
Copy !req
581. I talked to Shambala,
the lawyer.
Copy !req
582. Ms. Green
Copy !req
583. is a legal aid lawyer.
Copy !req
584. Legal aid loses two-thirds
of its cases.
Copy !req
585. The district attorney
wins two-thirds.
Copy !req
586. Do you want to gamble
with Ms. Green?
Copy !req
587. Your granddaughter, Lucy,
is in the hospital.
Copy !req
588. Alicia is in jail.
Copy !req
589. Witnesses will place Alicia
with the victim.
Copy !req
590. Ballistics experts will testify
your gun was used.
Copy !req
591. A nurse will testify
she heard
Copy !req
592. Father Torres
warning Alicia and Nicky.
Copy !req
593. 15 or 20 years from now,
when Alicia gets out of jail
Copy !req
594. I hope Father Torres
and Ms. Green
Copy !req
595. are waiting for her.
Copy !req
596. Look, you're trying
to push me around.
Copy !req
597. No. I'm trying to help you,
and your granddaughter.
Copy !req
598. And she doesn't go to prison?
Copy !req
599. I can't promise that.
Copy !req
600. But if there is any time,
it will be minimal.
Copy !req
601. Time for
the truth
Copy !req
602. to come out.
Copy !req
603. You got a car?
Copy !req
604. Anna, you have to listen to me.
Copy !req
605. I told you about this.
Copy !req
606. They will try
any trick in the book.
Copy !req
607. This is my trick.
Copy !req
608. Green for
Alicia Rivers.
Copy !req
609. Alicia, how are you?
Copy !req
610. I'm all right.
Copy !req
611. Your grandmother wants
me to tell them.
Copy !req
612. Shut up, you!
Copy !req
613. What is this?
Copy !req
614. Grandma, no!
Copy !req
615. Alicia, you want me to tell?
Copy !req
616. Are you going
to let her die in jail?
Copy !req
617. Urbano raped Lucy.
Copy !req
618. Nicky killed him.
Copy !req
619. in the second degree.
Copy !req
620. Your Honor,
may we approach?
Copy !req
621. Now what's the problem?
Copy !req
622. We haven't even gotten
to bail yet.
Copy !req
623. Ms. Green represents
the defendant
Copy !req
624. to be tried jointly
with Mr. Guzman.
Copy !req
625. Clear conflict
of interest.
Copy !req
626. Hmm, now I get why
this was assigned to me.
Copy !req
627. It's the same case as the girl.
Yes, it is,
Your Honor,
Copy !req
628. but I don't
see any conflict...
Copy !req
629. Please.
Copy !req
630. Ms. Green, of course there's
conflict.
Copy !req
631. If he wants to roll the girl
against Mr. Guzman here
Copy !req
632. you can't defend both of them.
Copy !req
633. My clerk read
the grand jury minutes.
Copy !req
634. I was going
to do the girl's trial
Copy !req
635. but I was considering
dismissal sua sponte.
Copy !req
636. We feel there's a case.
Copy !req
637. It's a judgment call,
Mr. Robinette.
Copy !req
638. If you want to go back
to the grand jury
Copy !req
639. and get better evidence,
I'll let you re-present.
Copy !req
640. In the interest of justice,
I'm dismissing on the girl.
Copy !req
641. I'll let her represent the boy.
Copy !req
642. Now, let's see
if we can get some bail here.
Copy !req
643. About bail,
Your Honor...
Copy !req
644. Please,
Copy !req
645. Ms. Green, spare me
your usual sanctimonies.
Copy !req
646. I'm not in the mood. Okay?
Copy !req
647. to enter a plea?
Uh, now, does the defendant wish
Copy !req
648. Not guilty,
Your Honor.
Copy !req
649. Bail $200,000.
Copy !req
650. Short date.
Copy !req
651. I'm going
for temporary insanity.
Copy !req
652. Yours or your client's?
Copy !req
653. Murder two.
Copy !req
654. He was not going
to kill the guy.
Copy !req
655. He just wanted
to talk.
Copy !req
656. Seven shots from a
semiautomatic?
Copy !req
657. What language is that?
Copy !req
658. I'll interpret for the jury.
He was enraged.
Copy !req
659. He didn't know what
the hell he was doing.
Copy !req
660. The sister was in the hospital
on Wednesday.
Copy !req
661. The shooting happened
on Saturday.
Copy !req
662. He was insane
for three whole days?
Copy !req
663. In a moment of normal,
excusable, and acceptable rage
Copy !req
664. after his fiance was raped.
Copy !req
665. This is a nice-looking kid,
very appealing.
Copy !req
666. I believe the jury
will identify with him
Copy !req
667. and the press
will crucify you.
Copy !req
668. Let's discuss
reckless endangerment.
Copy !req
669. Oh, please.
Copy !req
670. He endangered a man's life
with seven shots?
Copy !req
671. My dictionary calls that
more than endangering.
Copy !req
672. Manslaughter one.
Copy !req
673. He does three years.
Copy !req
674. Manslaughter two—
he does a year on the farm.
He sees a shrink.
Copy !req
675. No deal.
You're really gonna
push this, aren't you?
Copy !req
676. All the way.
Copy !req
677. This is a good kid!
Copy !req
678. A role model for minority youth.
Copy !req
679. You got a problem,
put seven shots into him.
Copy !req
680. A drug dealer and a rapist?
Copy !req
681. What are you
telling me?
Copy !req
682. The proper compensation
for a human life is one year?
Copy !req
683. What's next?
Copy !req
684. A retarded petty thief—
you do a year and a half.
Copy !req
685. Unarmed burglar— two years.
Copy !req
686. A white, Anglo-Saxon
Protestant— 25 to life.
Copy !req
687. The commandment says
"thou shalt not kill."
Copy !req
688. It does not say
Copy !req
689. "thou shalt not
kill nice people."
Copy !req
690. The boy's girlfriend raped,
beaten to a pulp.
Copy !req
691. You won't find 12 people
who will convict him
Copy !req
692. of criminal
possession of a weapon.
Copy !req
693. Fine, you take the plea
and the press conference, too.
Copy !req
694. You got a suit of armor and a
white charger waiting outside?
Copy !req
695. The boy is not
a cold-blooded killer.
Copy !req
696. That's fine,
but where does it stop?
Copy !req
697. Do we write a revenge exception
in the penal law?
Copy !req
698. Now listen,
why don't you...?
First Green, now you.
Copy !req
699. I must be way behind the
curve of judicial thinking.
Copy !req
700. I'm not saying
let him go.
Copy !req
701. Plead him.
Copy !req
702. Have him do
a couple of years.
Copy !req
703. And let's get it
off our plate.
Copy !req
704. We take a plea.
Copy !req
705. It's an order.
Copy !req
706. Forget it.
What?
Copy !req
707. I was just coming
to tell you.
Copy !req
708. We're getting visitors
from another planet.
Copy !req
709. Green resigned.
There's a new counsel.
Copy !req
710. Resigned? In favor of who?
Copy !req
711. A showboat from Dallas—
Chet Burton.
Copy !req
712. Flew in this morning.
He's taking it, no fee.
Copy !req
713. And, yes, I checked—
Copy !req
714. he's admitted
to the New York Bar.
Copy !req
715. You're a fine lawyer, Mr. Stone.
Copy !req
716. I've heard
a whole lot about you.
Copy !req
717. Thanks, sir. I've read
a great deal about you.
Copy !req
718. I'm afraid you severely
misunderstand this case.
Copy !req
719. How so?
Copy !req
720. According to his culture
Copy !req
721. Nicky Guzman
did the right thing.
Copy !req
722. See, most first-generation
immigrant neighborhoods
Copy !req
723. somebody rapes your woman,
you go get a gun.
Copy !req
724. Up here in New York,
you go get a warrant for arrest.
Copy !req
725. I'd like to remind you
that we have a witness
Copy !req
726. who heard the boy
plan the murder.
Copy !req
727. My motion, Mr. Stone.
Copy !req
728. Start with People v. Gates,
New York Court of Appeals
Copy !req
729. on priest-penitent
privilege.
Copy !req
730. I don't think Father Torres
Copy !req
731. will ever spend any time
on the witness stand.
Copy !req
732. You know
Copy !req
733. my whole life
as a lawyer—
Copy !req
734. 27 years in court—
Copy !req
735. you know how many
criminal cases I've lost?
Copy !req
736. Zero. Zip. Not a one.
Copy !req
737. Oh, really?
Copy !req
738. Well, this is not Texas, sir.
Copy !req
739. If I were you,
I wouldn't be too sure of that.
Copy !req
740. Howdy, Mr. Stone.
Copy !req
741. A new day, a new voice—
what will tomorrow bring?
Copy !req
742. Oh, I get up some mornings
I just naturally hear
Copy !req
743. my pappy's twang in my head.
Copy !req
744. What are you dressed
for, a rodeo?
Copy !req
745. Yup.
Copy !req
746. Legal bull riding.
Copy !req
747. Excuse me,
one question.
Copy !req
748. Shoot.
How did you find
out about this case?
Copy !req
749. It was only on page
seven in the New York papers.
Copy !req
750. I hadn't heard a word about it
Copy !req
751. until Nicky's lawyer
called me— a Ms. Green.
Copy !req
752. Oh, I see.
Copy !req
753. Said you needed
to be taught a lesson.
Copy !req
754. What's in it for you?
Copy !req
755. Well, I have saved
many rich folks
Copy !req
756. from unjust incarceration.
Copy !req
757. As much as I'm able
Copy !req
758. I plan to give the poor
the same consideration.
Copy !req
759. Mrs. Rivers, you told police
Copy !req
760. that your gun was stolen
in a burglary.
Copy !req
761. Is that true?
Copy !req
762. No.
Copy !req
763. When did you first notice
the gun was missing?
Copy !req
764. On Saturday night.
Copy !req
765. The night Mr. Urbano was killed.
Copy !req
766. Yes.
Copy !req
767. Was Nicky Guzman
at your club that night?
Copy !req
768. Yes.
Copy !req
769. Had you ever shown him
where you kept your gun?
Copy !req
770. He knew it was
in the cash drawer
Copy !req
771. under the register.
Copy !req
772. Thank you.
Copy !req
773. No further questions.
Copy !req
774. Nicky said he wanted
to fight Urbano,
Copy !req
775. to teach him a lesson.
Copy !req
776. Did he show you the gun
he was carrying?
Copy !req
777. Yes.
Copy !req
778. But he said
he only wanted a fist fight.
Copy !req
779. Objection.
Copy !req
780. Asked and answered.
Copy !req
781. Sustained.
Copy !req
782. Your witness.
Copy !req
783. Miss Rivers, on the morning
after Mr. Urbano was shot
Copy !req
784. did you go to church
with Nicky Guzman?
Copy !req
785. Yes.
Copy !req
786. And did Mr. Guzman
take confession that morning?
Copy !req
787. Yes.
Copy !req
788. Now about this cocaine dealer
who was shot...
Copy !req
789. Objection.
Copy !req
790. Characterization.
Copy !req
791. Sustained.
Copy !req
792. Miss Rivers,
Copy !req
793. did you have
a personal relationship
Copy !req
794. with Jose Urbano?
Copy !req
795. Objection.
Relevance.
Copy !req
796. Overruled.
Copy !req
797. I'll let it go, Mr. Burton,
but watch your step.
Copy !req
798. The witness will answer.
Copy !req
799. Jose tried to sell me crack.
Copy !req
800. Objection.
Copy !req
801. The victim is not on trial here.
Copy !req
802. Sustained.
Copy !req
803. The jury
will disregard the answer.
Copy !req
804. Mr. Burton, you will
confine yourself to events.
Copy !req
805. Miss Rivers, were you aware
Copy !req
806. that Jose Urbano was known
to carry a gun at all times?
Copy !req
807. Your Honor?
Copy !req
808. You are straining my good will,
Mr. Burton.
Copy !req
809. Since I cannot ask any questions
about the sainted Señor Urbano
Copy !req
810. I have no further questions
of this witness.
Copy !req
811. Manslaughter two.
Copy !req
812. In this state, Mr. Stone,
what can you get for that?
Copy !req
813. Mr. Guzman does two years.
Copy !req
814. He doesn't do two seconds.
Copy !req
815. Criminally negligent homicide.
Copy !req
816. And you put him in a program
where he gets his head candled.
Copy !req
817. It was an accident. The gun went
off by itself seven times?
Copy !req
818. You know what a "bubba" is?
Copy !req
819. Up here, you call them
"rednecks."
Copy !req
820. Where I come from
Copy !req
821. all the men got shotguns
in their pickups
Copy !req
822. and a can of beer in their hand.
Copy !req
823. My shotgun stays in the house,
and I drink California cabernet
Copy !req
824. but in my heart,
I'm still a bubba.
Copy !req
825. That's why there's no plea
unless the boy does no time.
Copy !req
826. The "boy" put seven holes
in somebody.
Copy !req
827. Somebody.
Copy !req
828. Drug-dealing rapist scum.
Copy !req
829. Most towns in Texas,
the kid would get a medal.
Copy !req
830. You may not like my style,
Mr. Stone, but this I believe—
Copy !req
831. you don't put people in prison
for defending their loved ones.
Copy !req
832. Defending or avenging?
Copy !req
833. I'll let the jury
split that hair.
Copy !req
834. You're due in chambers at 2:00.
Copy !req
835. Markham wants to talk
about the priest.
Copy !req
836. You can't allow it!
Copy !req
837. If he testifies,
Copy !req
838. you destroy the sanctity
Copy !req
839. of the priest/penitent
relationship.
Copy !req
840. If he's not acting
as his spiritual advisor,
Copy !req
841. if it's not confession
there's no privilege.
Copy !req
842. For God's sake, he was at the
hospital as a priest.
Copy !req
843. Did he wear a collar? Yes.
Copy !req
844. Did he minister
to his flock? Yes.
Copy !req
845. Unfortunately,
Alicia Rivers called the priest,
Copy !req
846. not your client.
Copy !req
847. Personally, I have
a very hard time believing
Copy !req
848. that he fell to his knees
in the I.C.U.
Copy !req
849. and mistook it
for a confessional.
Copy !req
850. I have made a decision.
Copy !req
851. Torres will testify.
Copy !req
852. And while I'm about it
Copy !req
853. it will do you good to remember
this is New York, not Texas.
Copy !req
854. Permission to treat this witness
as hostile, Your Honor.
Copy !req
855. Granted.
Copy !req
856. Did Lucy Rivers tell you
that she had been raped?
Copy !req
857. Counselor?
Copy !req
858. I have no problem
with the question, Your Honor.
Copy !req
859. Yes, she told me
she had been raped.
Copy !req
860. Did she tell you
she had been raped
Copy !req
861. by Jose Urbano?
Copy !req
862. Yes.
Copy !req
863. And did the defendant tell you
Copy !req
864. that he was planning
on killing Jose Urbano
Copy !req
865. because he had raped Lucy
Rivers?
Copy !req
866. He said he was going
to get a gun.
Copy !req
867. When you left the hospital
with Nicky that night,
Copy !req
868. what did he do on the way out?
Copy !req
869. He put his fist
through a plate glass window—
Copy !req
870. a phone booth.
Copy !req
871. But he was very angry.
Copy !req
872. Thank you. No further questions,
Your Honor.
Copy !req
873. Father Torres,
Copy !req
874. please tell the court
about your relationship
Copy !req
875. with Nicky Guzman
and Lucy Rivers.
Copy !req
876. They're engaged
to be married,
Copy !req
877. and they're in my counseling
class for new couples.
Copy !req
878. Now, in your experience
with members of your parish
Copy !req
879. how serious is
the crime of rape?
Copy !req
880. There's a sense of...
Copy !req
881. terrible shame.
Copy !req
882. It's like, you're a lawyer
and your son is a thief.
Copy !req
883. The woman is shamed,
the husband is shamed,
Copy !req
884. the whole family.
Copy !req
885. In a way, they've taken more
than her own life.
Copy !req
886. Let's get back to the window.
Copy !req
887. You ever put your fist
through a plate glass window?
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888. Objection, Your Honor.
Relevance.
Copy !req
889. We're talking about
plate glass windows.
Copy !req
890. I'd like to know a little more
on the subject.
Copy !req
891. I'll allow it.
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892. You may answer the question.
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893. When I was in the Marines,
before I became a priest,
Copy !req
894. I got drunk on leave
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895. and I busted
a couple of windows, yes.
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896. Ever kill anybody?
Copy !req
897. Your Honor?
Mr. Burton...
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898. No, I haven't.
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899. You think most people
that break plate glass windows
Copy !req
900. end up killing someone, Father?
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901. Objection.
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902. Sustained.
Mr. Burton,
Copy !req
903. you will not ask for conclusions
in this court room.
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904. The jury will disregard
that last remark.
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905. And you will play by the rules
here, or you'll be in trouble.
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906. The gun was on the ground,
not near his hand?
Copy !req
907. That's correct.
Copy !req
908. It was directly
under his waist.
Copy !req
909. It probably fell...
Copy !req
910. Objection.
Copy !req
911. The detective is supposin'
and concludin'.
Copy !req
912. Sustained.
Copy !req
913. Had the gun
Copy !req
914. been fired?
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915. No.
Copy !req
916. Was there
any evidence
Copy !req
917. that the victim
attempted to fire the gun?
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918. None.
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919. Your witness.
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920. This gun, Detective—
Copy !req
921. were Mr. Urbano's
fingerprints on it?
Copy !req
922. It was his gun, so...
Copy !req
923. Any other prints on it?
Copy !req
924. No.
Copy !req
925. So this gun was not
in his pants.
Copy !req
926. It was out.
Is that correct?
Copy !req
927. Yes.
Copy !req
928. So Mr. Urbano could have drawn
his weapon and been shot
Copy !req
929. by somebody defending himself,
isn't that possible?
Copy !req
930. Objection.
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931. That's ridiculous.
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932. Sustained.
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933. But isn't it
possible?
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934. Mr. Burton!
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935. Excuse me,
Your Honor.
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936. No more questions.
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937. Seed of doubt.
Copy !req
938. Sounds like
self-defense.
Copy !req
939. Mr. Stone, the Spanish loverboy
shooting,
Copy !req
940. detective
named Greevey called.
Copy !req
941. He wants to see you
at Rikers.
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942. Nuñez, Ramon, 21.
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943. Picked up
in a sweep.
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944. College student
and a crack addict.
Copy !req
945. D.A. to see Nuñez.
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946. Had crack on him
when they picked him up.
Copy !req
947. Asked to see
a homicide detective.
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948. No information
without a deal.
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949. I have to get out of this.
I have a conviction.
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950. I'll lose my scholarship.
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951. If he has something we can use,
criminal possession five.
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952. Six. I want a misdemeanor.
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953. Depends on what
he has to say.
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954. Nicky Guzman sold me crack.
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955. Nicky's a dealer?
Copy !req
956. I haven't seen him
for four, five months
Copy !req
957. but I bought from him
Copy !req
958. all the time
last spring.
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959. Urbano's his supplier.
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960. He came with him
to school one day.
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961. We have a deal, Stone?
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962. Yeah.
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963. Urbano and Nicky
being drug dealers
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964. explains everything.
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965. Bull!
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966. Nicky hadn't seen Urbano
in four months.
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967. He stopped having
anything to do with drugs
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968. when he got engaged.
Now, Your Honor,
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969. even arguing that this
was intentional murder—
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970. and I'm not
saying it was—
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971. it's about revenge.
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972. Call that boy a drug dealer
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973. they'll convict him
on that alone.
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974. Doesn't prove anything, Ben.
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975. Even I find it prejudicial.
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976. I don't see why.
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977. It's relevant as to motive.
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978. People v. Malino.
Urbano raped Lucy Rivers
Copy !req
979. because her boyfriend
quit working for him.
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980. This is ridiculous.
Copy !req
981. It's like pimps with
their prostitutes.
Copy !req
982. It's not a job
they allow
Copy !req
983. the street dealers
to walk away from.
Copy !req
984. Drug dealing is the underlying
cause of this murder.
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985. That's your opinion, Ben.
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986. The defendant
has no record
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987. of drug offense.
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988. Plus, your witness is suspect.
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989. You made a deal
for his testimony.
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990. Let the jury decide.
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991. Allow the testimony,
then instruct them to disregard?
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992. Now you know as well as I do...
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993. Put some ice on it, Mr. Burton.
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994. I don't like you.
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995. I don't like your theatrics
in my courtroom.
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996. I may be
old-fashioned,
Copy !req
997. but I find them
Copy !req
998. undignified and maybe unethical.
Copy !req
999. Remember the Watson murder?
Copy !req
1000. Killed his wife?
Copy !req
1001. I let some D.A. sweet-talk me
Copy !req
1002. into allowing
some improper testimony.
Copy !req
1003. The court of appeals
reversed it
Copy !req
1004. and Mr. Watson
is walking the streets.
Copy !req
1005. Now, if I allow this
and your boy gets convicted
Copy !req
1006. Mr. Burton here will be
in appellate court
Copy !req
1007. before I hit the bed.
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1008. Ben, Burton's
junked his list.
Copy !req
1009. His only witness
Copy !req
1010. is the dealer
who was with Urbano
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1011. just before he was killed.
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1012. Cartagena?
Copy !req
1013. He wasn't even there.
Copy !req
1014. I know.
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1015. Now, you told police
Copy !req
1016. you left the church
before the shooting.
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1017. Why did you lie?
Copy !req
1018. I had to.
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1019. You know, being on parole,
being with a guy like Jose,
Copy !req
1020. him being a dealer and all,
bad for me.
Copy !req
1021. When Mr. Urbano left
with the girl, did you follow?
Copy !req
1022. No.
Copy !req
1023. I told him not to go,
Copy !req
1024. but he put his hand
on his pistol
Copy !req
1025. and he said
he could take care of himself.
Copy !req
1026. Was Mr. Urbano a violent man?
Copy !req
1027. Objection.
Calls for a conclusion.
Copy !req
1028. Sustained.
Copy !req
1029. I'll rephrase.
Copy !req
1030. Did you ever personally see
Jose Urbano
Copy !req
1031. fire his gun at anybody?
Copy !req
1032. New Year's Eve, 1989.
Copy !req
1033. He shot a dealer.
Copy !req
1034. Jesus Costelo.
Copy !req
1035. Thank you.
Copy !req
1036. Three days.
Copy !req
1037. The verdict should have been in
yesterday at the latest.
Copy !req
1038. I hope you're not here
to say you warned me.
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1039. You did
what you had to do.
Copy !req
1040. You wish I hadn't.
Copy !req
1041. The jury just asked
for the statutes
Copy !req
1042. on justification
for deadly force.
Copy !req
1043. Not gonna say it.
Copy !req
1044. What?
Copy !req
1045. He told me so.
Copy !req
1046. Has the jury reached a verdict?
Copy !req
1047. We have, Your Honor.
Copy !req
1048. On the sole count
of the indictment
Copy !req
1049. the charge of murder
Copy !req
1050. in the second degree,
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1051. how does the jury find?
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1052. Not guilty.
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1053. We felt he was a good kid,
putting himself through school.
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1054. Uh... maybe he meant
to kill Urbano, but...
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1055. How many times have you
given me the "you don't
win every time" speech?
Copy !req
1056. I don't mind losing, Paul.
Could've fooled me.
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1057. What I do mind is
that 12 honest citizens
Copy !req
1058. knew he was guilty
and acquitted him.
Copy !req
1059. They were flimflammed
on the self-defense.
Copy !req
1060. They knew they were
being flimflammed
Copy !req
1061. and they still
acquitted him.
Copy !req
1062. And that's frightening.
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